[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Rules and Regulations]
[Pages 36112-36117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12993]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; FCC 02-120]


Enhanced 911 Emergency Calling; Use of Non-Initialized Wireless 
Phones

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document addresses issues associated with the inability 
of a public safety answering point to call back an emergency caller for 
further critical information when that caller is dialing 911 using a 
non-service-initialized wireless telephone. The document requires that 
non-service-initialized handsets donated through carrier-sponsored 
programs and newly manufactured ``911-only'' phones be programmed with 
an identifying code, and that wireless carriers complete any network 
programming necessary to deliver this code. The document also requires 
that such phones be labeled to alert the user to the lack of call-back 
capability. Finally, the document requires that public education 
programs be instituted to inform users of the limitations of non-
initialized phones. The Commission takes these steps to alert all 
parties involved in a wireless 911 call originating from an non-
initialized phone of the need for quick information as to the caller's 
exact location, thus increasing the likelihood that emergency services 
can be dispatched quickly to save lives.

DATES: Effective October 1, 2002. Public comment on the information 
collection is due July 22, 2002. Written comment by the Office of 
Management and Budget (OMB) must be submitted on or before September 
20, 2002.

[[Page 36113]]


ADDRESSES: A copy of any comments on the information collection 
contained herein should be submitted to Judith Boley Herman, Federal 
Communications Commission, Room 1-C804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to [email protected], and to 
Jeanette Thornton; at [email protected]. OMB Desk Officer, 10236 
NEOB, 725-17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Patrick Webre, Attorney, 202-418-1310. 
Details regarding the information collection contained in this Report 
and Order, are available from Judith Boley Herman, Federal 
Communications Commission, 202-418-0214, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O) in CC Docket No. 94-102; FCC 02-120, adopted April 17, 
2002, and released April 29, 2002. The complete text of this R&O is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Courtyard Level, 445 12th Street, 
SW., Washington, DC, and also may be purchased from the Commission's 
copy contractor, Qualex International, Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554, telephone 202-863-2893, 
facsimile 202-863-2898, or via e-mail at [email protected]. Alternative 
formats (computer diskette, large print, audio cassettes, and Braille) 
are available to persons with disabilities by contacting Brian Millin 
at 202-418-7426, TTY 202-418-7365, or at [email protected].

Synopsis of the Report and Order

    1. In this Report and Order (R&O) the Commission takes further 
steps to improve the ability of public safety answering points (PSAPs) 
to respond quickly and efficiently to calls for emergency assistance 
made from a wireless mobile telephone. Specifically, the Commission 
addresses the issues associated with the inability of a PSAP to call 
back a 911 caller who is disconnected prematurely when that caller is 
using a non-service initialized wireless telephone (non-initialized 
phone). Non-initialized phones are handsets that are not registered for 
service with any Commercial Mobile Radio Service carrier. Because 
carriers generally assign a dialable number to a handset only when a 
customer enters into a service contract, a non-initialized phone lacks 
a dialable number. This presents a problem for PSAPs when a caller 
using a non-initialized phone fails to provide critical information, 
such as precise location information, before the call is terminated. 
Because the PSAP cannot call a non-initialized phone back to obtain 
further information from the user, delays in response time can occur. 
The Further Notice of Proposed Rulemaking (FNPRM) regarding this issue 
may be found at 66 FR 31878, June 13, 2001.
    2. The Commission, in the R&O, first requires that non-service-
initialized handsets donated through carrier-sponsored programs and 
newly manufactured ``911-only'' phones be programmed with the code 123-
456-7890 as the ``telephone number'' to alert PSAPs that a 911 call is 
being made from a wireless phone that lacks call-back capability. The 
Commission also requires that carriers complete any network programming 
necessary to deliver the 123-456-7890 telephone number to PSAPs, and 
not reject this number when a 911 call from a non-initialized phone 
programmed with this number is placed. The coding and software 
requirements are described in paragraphs 26 through 37 of the R&O.
    3. The Commission also requires that non-initialized phones be 
labeled to alert the user to the lack of call-back capability. This 
will place users on notice that in using non-initialized or ``911-
only'' phones, the caller must be sure to disclose all relevant 
information which might help the PSAP locate and resolve the emergency 
situation before the call is disconnected. The labeling requirement is 
detailed in paragraphs 38 through 41 of the R&O.
    4. Finally, the Commission requires that carriers donating non-
initialized phones and manufacturers of ``911-only'' phones must 
institute education programs to further inform users of the limitations 
of non-initialized phones. As indicated in paragraph 42 of the R&O, 
part of their programs must include a notice, in addition to the label 
affixed to the phone, which is provided at the time the phone is 
transferred to the user. The notice should give a more detailed 
explanation of the limitations of non-initialized phones, including 
distinctions between service-initialized phones and non-initialized 
phones.
    5. The Commission will implement these rules for manufacturers of 
911-only phones, which are not capable of receiving incoming calls, 
through an equipment manufacturing requirement and our equipment 
authorization process. As of October 1, 2002, each mobile unit 
manufactured as a 911-only phone must have installed 123-456-7890 as 
its telephone number/mobile identification number as we have described 
herein. It must also have affixed a prominently displayed and legible 
label which will alert the user that the phone can only be used to dial 
911, that the 911 operator will not be able to call the user back, and 
that the user should convey the exact location of the emergency as soon 
as possible. The Commission finds that notice of more than five months 
constitutes sufficient time to enable manufacturers of 911-only phones 
to effect those design and production modifications that will be 
necessary to comply with our rule. The Commission will consider the 
incorporation of modifications to existing authorized equipment to be 
Class I permissive changes that do not require a filing with the 
Commission.
    6. The Commission finds that the requirements adopted in the R&O 
strike a fair balance between the interests of PSAPs and consumers in 
minimizing response delays in emergency situations, and carriers and 
manufacturers who share the concerns of PSAPs and consumers, but also 
must consider financial and technological realities. The Commission, in 
paragraphs 8 through 24 of the R&O, considers a number of alternative 
solutions to the inability of PSAPs to return calls from non-
initialized phones used to dial 911 in emergency situations, including 
technical solutions. Briefly, the Commission concludes that it cannot 
require carriers to develop and implement a call-back solution at this 
stage. The Commission indicates that this conclusion reflects both the 
dearth of information received regarding the scope of the problem 
generated by the use of non-initialized phones, as well as the dearth 
of record evidence regarding the viability and feasibility of possible 
technical solutions to provide call-back capability to non-initialized 
phones.
    7. The Commission will continue to monitor this issue and any data 
forwarded regarding the number of non-initialized calls received by 
PSAPs which require call-back. The Commission will also monitor the 
technical aspects of the issue. If a technologically feasible approach 
for call-back capability to non-initialized phones becomes available, 
the Commission reserves the ability to impose a call-back requirement 
on carriers and manufacturers of 911-only phones.

Paperwork Reduction Act

    8. This R&O contains a revised information collection. As part of 
the Commission's continuing effort to reduce paperwork burdens, the 
Commission invites the general public and the Office of Management and 
Budget to take this opportunity to

[[Page 36114]]

comment on the information collections contained in this R&O, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. 
Public and agency comments are due July 22, 2002. Written comments from 
the Office of Management and Budget are due September 20, 2002, 
Comments should address: (a) Whether the new collection of information 
is necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (3) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (4) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    OMB Approval Number: 3060-0987.
    Title: Revision of the Commission's Rules To Ensure Compatibility 
with Enhanced 911 Emergency Calling Systems: Non-Initialized Phones.
    Form No.: N.A.
    Type of Review: Revision of a currently approved information 
collection.
    Respondents: Business or other for profit, State, local government.
    Number of Respondents: 3,137.
    Estimated Time Per Response: 1 to 3 hours.
    Total Annual Burden: 4,660 one-time burden hours.
    Cost to Respondents: $661,125.
    Needs and Uses: The labeling requirement, education requirement, 
and software/coding requirement are all needed to make all parties 
involved in emergency calls originating from non-initialized and ``911-
only'' phones aware that the calling party cannot be reached for 
further information if necessary. Thus, complete, critical location 
information must be supplied to the PSAP as quickly as possible in the 
originating call.

Regulatory Flexibility Act

    9. This is a summary of the Final Regulatory Flexibility Act 
Analysis. The full text of the Analysis may be found in Appendix C of 
the full Report and Order.
    10. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on small entities was incorporated 
in the FNPRM in CC Docket No. 94-102. The Commission sought written 
public comment on the proposals in the FNPRM, comments on the IRFA. The 
present Final Regulatory Flexibility Analysis (FRFA) conforms to the 
RFA.
A. Need for, and Objectives of, the Report and Order
    11. The actions adopted in the Report and Order (R&O) are intended 
to respond to the problems arising from the inability of non-
initialized phones used for emergency purposes, to receive incoming 
calls from Public Safety Answering Points (PSAPs) seeking further 
information to assist in servicing E911 emergency callers. Non-
initialized wireless phones are not registered with a carrier and thus 
lacks a dialable number. The important steps adopted in this R&O will 
alert the parties involved in a wireless 911 call of the need for quick 
information as to the caller's exact location, thus increasing the 
likelihood that emergency services can be dispatched quickly to save 
lives, while imposing limited burdens on wireless carriers and 
manufacturers of ``911-only'' telephones.
B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA
    12. Although no comments were filed in direct response to the IRFA, 
comments were filed discussing issues of interest to small entities. 
PSAPs, wireless carriers, and equipment manufacturers generally agree 
that the ability of a PSAP to return a wireless 911 call if the 
originating call is dropped or the caller hangs up prematurely is 
important is ensuring a prompt emergency response. Public safety 
entities generally disagree with wireless carriers and equipment 
manufacturers regarding the availability and feasibility of a technical 
solution to the problem. Comments supporting the position that a 
technical solution to provide call-back capability to non-initialized 
phones is not feasible are discussed in paragraphs thirteen through 
twenty-four of the R&O. Individual proposals as to how to solve the 
call-back problem of non-initialized phones are further discussed 
elsewhere in this FRFA.
    13. The Commission also received comment a proposed requirement 
that all carrier-sponsored wireless phone donation programs be service 
initialized so that call-back from the PSAPs will be available if 
needed. These comments, as well as the Commission's decision not to 
impose a mandate that all carrier-sponsored programs donate service-
initialized phones, are discussed in paragraphs twenty-five through 
thirty-seven of the R&O.
C. Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules Will Apply
    14. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under Section 3 of the 
Small Business Act, unless the Commission has developed one or more 
definitions that are appropriate for its activities. Under the Small 
Business Act, a ``small business concern'' is one that: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA). A small organization is generally 
``any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.'' Nationwide, as of 1992, 
there were approximately 275,801 small organizations. Nationwide, there 
are 4.44 million small business firms, according to SBA reporting data. 
The definition of ``small governmental jurisdiction'' is one with 
populations of fewer than 50,000. There are 85,006 governmental 
jurisdictions in the nation. This number includes such entities as 
states, counties, cities, utility districts and school districts. There 
are no figures available on what portion of this number has populations 
of fewer than 50,000. However, this number includes 38,978 counties, 
cities and towns, and of those, 37,556, or ninety-six percent, have 
populations of fewer than 50,000. The Census Bureau estimates that this 
ratio is approximately accurate for all government entities. Thus, of 
the 85,006 governmental entities, we estimate that ninety-six percent, 
or about 81,600, are small entities. In this regard, we note that there 
are approximately 5,000 primary PSAPs, most of whom qualify as small 
entities because they are either small organizations or small 
governmental jurisdictions.
    15. Throughout this analysis, the Commission uses the closest 
applicable definition under the SBA rules, the North American Industry 
Classification System (NAICS) standards for ``Cellular and Other 
Wireless Telecommunications'' and ``Wired Telecommunications 
Carriers.'' According to both of these standards, a

[[Page 36115]]

small entity is one with no more than 1,500 employees. To determine 
which of the affected entities in the affected services fit into the 
SBA definition of small business, the Commission has consistently 
referred to Table 5.3 in Trends in Telephone Service (Trends), a report 
published annually by the Commission's Wireline Competition Bureau.
    16. We have included small incumbent local exchange carriers in 
this RFA analysis. As noted above, a ``small business'' under the RFA 
is one that, inter alia, meets the pertinent small business size 
standard (e.g., a telephone communications business having 1,500 or 
fewer employees), and ``is not dominant in its field of operation.'' 
The SBA's Office of Advocacy contends that, for RFA purposes, small 
incumbent local exchange carriers are not dominant in their field of 
operation because any such dominance is not ``national'' in scope. The 
Commission has therefore included small incumbent carriers in this RFA 
analysis, although we emphasize that this RFA action has no effect on 
the Commission's analyses and determinations in other, non-RFA 
contexts.
    Local Exchange Carriers. According to the most recent data, 1,335 
incumbent carriers reported that they were engaged in the provision of 
local exchange services. We do not have data specifying the number of 
these carriers that are either dominant in their field of operations, 
or are not independently owned. However, 1,037 local exchange carriers 
report that, in combination with their affiliates, they have 1,500 or 
fewer employees, and would thus be considered small businesses as 
defined by NAICS. Also included in the number of local exchange 
carriers is the rural radio telephone service. A significant subset of 
the Rural Radiotelephone Service is the Basic Exchange Telephone Radio 
Systems (BETRS). There are approximately 1,000 licensees in the Rural 
Radiotelephone Service, and the Commission estimates that almost all of 
them qualify as small entities under the NAICS definition.
    Competitive Access Providers and Competitive Local Exchange 
Carriers (CAPs and CLECs). Trends indicates that 349 CAPs and CLECs, 87 
local resellers, and 60 other local exchange carriers reported that 
they were engaged in the provision of competitive local exchange 
services. The Commission does not have data specifying the number of 
these carriers that are not independently owned and operated. However, 
297 CAPs and CLECs, 86 local resellers, and 56 other local exchange 
carriers report that, in combination with their affiliates, they have 
1,500 or fewer employees, for a total of 439 such entities qualified as 
small entities.
    Fixed Local Service Providers and Payphone Providers. Trends 
reports that there are 1,831 fixed local service providers and 758 
payphone providers. Using the NAICS standard for small entity of fewer 
than 1,500 employees, Trends estimates that 1,476 fixed local service 
providers, in combination with affiliates, have 1,500 or fewer 
employees and thus qualify as small entities. In addition, 755 payphone 
providers report that, in combination with their affiliates, they 
employ 1,500 or fewer individuals.
    Wireless Telephone Including Cellular, Personal Communications 
Service (PCS) and SMR Telephony Carriers. There are 806 entities in 
this category as estimated in Trends, and 323 such licensees in 
combination with their affiliates have 1,500 or fewer employees, and 
thus qualify, using the NAICS guide, as small businesses.
    Other Mobile Service Providers. Trends estimates that there are 44 
providers of other mobile services, and again using the NAICS standard, 
43 providers of other mobile services utilize with their affiliates 
1,500 or fewer employees, and thus may be considered small entities.
    Toll Service Providers. Trends calculates that there are 738 toll 
service providers, including 204 interexchange carriers, 21 operator 
service providers, 21 pre-paid calling card providers, 21 satellite 
service carriers, 454 toll resellers, and 17 carriers providing other 
toll services. Trends further estimates that 656 toll service providers 
with their affiliates have 1,500 or fewer employees and thus qualify as 
small entities as defined by NAICS. This figure includes 163 
interexchange carriers, 20 operator service providers, 20 pre-paid 
calling card providers, 16 satellite service carriers, 423 toll 
resellers, and 15 carriers providing other toll services.
    Offshore Radiotelephone Service. This service operates on several 
TV broadcast channels that are not otherwise used for TV broadcasting 
in the coastal area of the states bordering the Gulf of Mexico. At 
present, there are approximately 55 licensees in this service. The 
Commission is unable at this time to estimate the number of licensees 
that would qualify as small entities under the SBA definition for 
radiotelephone communications. The Commission assumes, for purposes of 
this FRFA, that all of the 55 licensees are small entities, as that 
term is defined by NAICS.
    Cellular Equipment Manufacturers. The labeling requirement will 
affect manufacturers of 911-only phones. The Commission does not know 
how many total cellular equipment manufacturers are in the current 
market. The 1994 County Business Patterns Report of the Bureau of the 
Census estimates that there are 920 companies that make communications 
subscriber equipment. This category includes not only cellular 
equipment manufacturers, but television and AM/FM radio manufacturers 
as well. Thus, the number of cellular equipment manufacturers is 
considerably lower than 920. Under SBA regulations, such a 
communications equipment manufacturer, which includes not only U.S. 
cellular equipment manufacturers but also firms that manufacture radio 
and television broadcasting and other communications equipment, must 
have a total of 750 or fewer employees in order to qualify as a small 
business concern. This R&O only affects manufacturers of 911-only 
phones. We are aware of only one manufacturer of 911-only phones, 
SecureAlert, which may be classified as a small entity. The Commission 
therefore estimates that our current action will affect fewer than ten 
small cellular equipment manufacturers.
D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements
    17. As indicated in paragraphs two and twenty-six of the R&O, 
carriers participating in non-initialized phone donation programs and 
manufacturers of 911-only phones have to program each handset with 123-
456-7890 as its telephone number/mobile identification number. This 
will involve a one-time modification. Software adjustments for wireless 
and wireline carriers to accept and disperse the number to PSAPs to 
identify the calls as coming from phones which cannot be called back 
will also involve a one-time modification. As also indicated, carriers 
participating in non-initialized phone donation programs and 
manufacturers of 911-only phones have to label each handset and 
institute education programs so that users of non-initialized phones 
will be apprised of their limitations. The labeling requirement is also 
a one-time modification. Education requirements for carriers and 
manufacturers are described in paragraph forty-two of the R&O.
E. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    18. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives, among

[[Page 36116]]

others: (1) The establishment of differing compliance or reporting 
requirements or timetables that take into account the resources 
available to small entities; (2) the clarification, consolidation, or 
simplification of compliance and reporting requirements under the rule 
for such small entities; (3) the use of performance rather than design 
standards; and (4) any exemption from coverage of the rule, or any part 
thereof, for such small entities.
    19. The issue of providing a solution to the non-initialized phone 
dilemma is of interest to small entities representing the public 
service community, and the wireless carrier and equipment manufacturing 
industries. As noted, most PSAPs are small entities and many carriers 
and equipment manufacturers are small entities. Public service 
entities, representing the views of PSAPs, on the one hand, are 
justifiably concerned with eliminating the possibility of delays in 
emergency response time due to their inability to contact callers using 
non-initialized phones to request vital location information. This 
incapability strains the already limited resources of PSAPs. Carriers 
and equipment manufacturers share PSAP concerns with impaired response 
time in emergency situations, but are also concerned with the 
practicalities of whether a technical solution is readily available at 
a cost that will not discourage the sale or the donation of non-
initialized phones.
    20. The Commission, in reaching a decision, carefully weighed the 
possible negative impact on all the small entities involved in the 
problem of non-initialized phone use in emergency situations, and found 
that a network-based technical solution to provide call-back capability 
to all non-initialized phones is not presently feasible. Instead, the 
Commission requires that non-initialized handsets donated through 
carrier-sponsored programs and newly manufactured 911-only phones be 
programmed with 123-456-7890 as their ``telephone number,'' to alert a 
PSAP that the 911 call is originating from a wireless phone that lacks 
call-back capability. This will necessitate minor software 
modifications on the carriers' equipment. Additionally, the Commission 
requires that these phones be labeled to alert the user of the lack of 
call-back capability, and that public education programs be instituted 
to more fully inform non-initialized phone users of their limitations. 
The Commission finds that these requirements place limited, one-time 
burdens on carriers and manufacturers of 911-only phones while alerting 
all the parties involved in an emergency 911 call to the need for 
quick, precise and complete caller location information, thus reducing 
the likelihood that emergency response will be delayed and limited PSAP 
resources misused.
    21. The Commission considered a number of alternative solutions to 
the predicament raised by non-initialized phones used in emergency 
situations, ranging from the possibility of developing and implementing 
a technical solution applicable to all non-initialized phones, to the 
use of labeling and public education programs. Paragraphs eight through 
twenty-four of the R&O discuss possible technical solutions proposed in 
the comments. The most widely-discussed technological possibilities 
involve using either temporary local directory numbers (TLDNs), which 
are currently used to deliver calls to roamers, or pseudo-mobile 
identification numbers (pseudo-MINs). In the former instance, it is 
suggested that TLDNs could be temporarily assigned, via a network 
mechanism, to non-initialized phones so that a PSAP would have a number 
to call back if prematurely disconnected. The latter instance would 
require the use of pseudo-MINs--a string of numbers and/or symbols, 
unique to each handset, which would be programmed into each non-
initialized phone and used by the PSAP to effectuate a call-back. As 
stated in paragraphs eight through twelve of the R&O, the Commission 
concluded that the development and implementation of either proposed 
theory would likely require extensive changes to the networks and would 
be cost prohibitive. Mandating a call-back solution at this stage would 
be especially difficult to justify considering the dearth of 
information received regarding the scope of the problem of PSAPs' 
inability to contact callers using non-initialized phones for further 
location information. No data has been provided in this proceeding to 
show the volume of 911 traffic generated by non-initialized phones, nor 
the percentage of non-initialized calls which require a call-back to 
effect an adequate emergency response. Comments regarding the use of 
TLDNs and pseudo-MINs are summarized in paragraphs sixteen through 
nineteen of the R&O. A variation of the pseudo-MIN theory was proposed 
by Richard Levine of Beta Scientific Laboratory, Inc., and is 
considered in paragraph twenty of the R&O.
    22. Paragraphs twenty-two through twenty-three of the R&O consider 
the possibility of providing call-back to non-initialized wireless 
phones which use GSM technology. Some commenters argue against this 
option, maintaining that the elements of this solution have not been 
put together in a manner to support this capability, and that even if 
they were, the operator's network would be at risk of being deluged by 
calls from closed handsets receiving the same call-back page, which 
could effectively take down the entire network or a portion of the 
network. There would be no way for an operator to prevent calls from 
being placed by a handset, so, these commenters claim, there would be a 
serious risk of fraud and or terrorist activities.
    23. Paragraphs twenty-five through thirty-three of the R&O discuss 
options regarding carrier-donated handsets. One alternative raised in 
the FNPRM is a requirement that all carrier-sponsored wireless phone 
donation programs be service initialized, so that call-back from the 
PSAPs will available if needed. The Commission instead concluded that 
it would be more beneficial to needful individuals if carriers were 
allowed to continue to choose which program best serves their 
communities. While call-back may not be available in some instances, 
the Commission does not find that mandating service-initialization 
requirements on voluntary industry-led donation programs would be in 
the best interests of public safety. Many carriers are already 
participating in service-initialized donation programs, where a 
dialable telephone number is delivered to the PSAP and is available if 
a call-back is required. In addition, various service-initialized 
programs can be tailored by the carriers to provide users with the best 
available emergency access, while minimizing potential abuse of their 
programs.
    24. In recognition of the concerns of public service entities, 
while the Commission does not impose a mandate that all carrier-
sponsored programs donate only service-initialized phones, we do place 
requirements on those programs where non-initialized phones are 
donated. Additionally, in paragraph twenty-seven, the Commission adopts 
a labeling requirement for programs where a carrier donates service-
initialized handsets, but blocks all call-backs to the phone. The label 
must notify the user that the called party will not be able to call the 
user back, and that in the event of an emergency, the user should 
convey the exact location of the emergency to the called party as soon 
as possible.
    25. Finally, the Commission, as stated in paragraphs thirty-eight 
through forty-two of the R&O, mandates that labels be affixed to each 
non-initialized phone and that carriers and manufacturers institute 
public education programs to

[[Page 36117]]

alert users of non-initialized phones that call-back is unavailable and 
that the user should convey exact location information to the 911 
operator as soon as possible.
    26. Report to Congress: The Commission will send a copy of this 
R&O, including this FRFA, in a report to be sent to Congress pursuant 
to the Congressional Review Act. In addition, the Commission will send 
a copy of this R&O, including this FRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration.
    Ordering Clauses:
    27. The Public Safety Entities' Petition is granted as provided 
herein and part 20 of the Commission's rules is amended accordingly.
    28. The rules promulgated in this R&O shall become effective on 
October 1, 2002.
    29. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this R&O, including the Final 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects in 47 CFR Part 20

    Communications common carrier, Communications equipment, Radio.


    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, The Federal 
Communications Commission amends 47 CFR part 20 as follows:

PART 20--COMMERCIAL MOBILE RADIO SERVICES

    1. The authority citation for part 20 continues to read as follows:

    Authority: 47 U.S.C. 154, 160, 251-254, 303, and 332 unless 
otherwise noted.


    2. Section 20.18 is amended by revising paragraph (d)(2) and by 
adding paragraph (l) to read as follows:


 20.18 911  Service.

* * * * *
    (d) * * *
    (2)When the directory number of the handset used to originate a 911 
call is not available to the serving carrier, such carrier's 
obligations under the paragraph (d)(1) of this section extend only to 
delivering 911 calls and available call party information, including 
that prescribed in paragraph (l) of this section, to the designated 
Public Safety Answering Point.

    Note to paragraph (d): With respect to 911 calls accessing their 
systems through the use of TTYs, licensees subject to this section 
must comply with the requirements in paragraphs (d)(1) and (d)(2) of 
this section, as to calls made using a digital wireless system, as 
of October 1, 1998.

* * * * *
    (l) Non-service-initialized handsets. (1) Licensees subject to this 
section that donate a non-service-initialized handset for purposes of 
providing access to 911 services are required to:
    (i) Program 123-456-7890 as the telephone number/mobile 
identification number into each handset;
    (ii) Affix to each handset a label which is designed to withstand 
the length of service expected for a non-service-initialized phone, and 
which notifies the user that the handset can only be used to dial 911, 
that the 911 operator will not be able to call the user back, and that 
the user should convey the exact location of the emergency as soon as 
possible; and
    (iii) Institute a public education program to provide the users of 
such handsets with information regarding the limitations of non-
service-initialized handsets.
    (2) Manufacturers of 911-only handsets that are manufactured on or 
after October 1, 2002, are required to:
    (i) Program each handset with 123-456-7890 as its telephone number/
mobile identification number;
    (ii) Affix to each handset a label which is designed to withstand 
the length of service expected for a non-service-initialized phone, and 
which notifies the user that the handset can only be used to dial 911, 
that the 911 operator will not be able to call the user back, and that 
the user should convey the exact location of the emergency as soon as 
possible; and
    (iii) Institute a public education program to provide the users of 
such handsets with information regarding the limitations of 911-only 
handsets.
    (3) Definitions. The following definitions apply for purposes of 
this paragraph.
    (i) Non-service-initialized handset. A handset for which there is 
no valid service contract with a provider of the services enumerated in 
paragraph (a) of this section.
    (ii) 911-only handset. A non-service-initialized handset that is 
manufactured with the capability of dialing 911 only and that cannot 
receive incoming calls.

[FR Doc. 02-12993 Filed 5-22-02; 8:45 am]
BILLING CODE 6712-01-P