[Federal Register Volume 67, Number 137 (Wednesday, July 17, 2002)]
[Rules and Regulations]
[Pages 46909-46910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18047]


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 FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; DA 02-1575]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule; request for comments on petitions for 
reconsideration and delay of effective date.

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SUMMARY: This document invites comment on a Emergency Services 
Interconnection Forum's (ESIF) Petition for Reconsideration 
(Reconsideration Petition) of the Commission's previous decision in 
this proceeding and a separately filed Request for Stay (Stay Request) 
of the effective date of the rules adopted in that decision. That 
decision considered the problems 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 Commission now seeks 
comment on ESIF's Reconsideration Petition in order to establish a 
record on which to base a final determination on the Petition.

DATES: Comments are due on or before August 2, 2002, and reply comments 
are due on August 19, 2002.

ADDRESSES: All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission 445 12th 
Street, SW., Washington, DC 20554. Comments may also be filed through 
the Commission's Electronic Comment Filing System via the Internet to 
http://www.fcc.gov/e-file/ecfs.html.

FOR FURTHER INFORMATION CONTACT: David Siehl, Attorney-Advisor, 
Wireless Telecommunications Bureau, 202-418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document in CC Docket No. 94-102, DA 02-1575; released July 3, 2002. 
The complete text of this document 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

    1. The Commission invites comment on a Petition for Reconsideration 
(Reconsideration Petition) of the Report and Order (R&O) in this 
proceeding in

[[Page 46910]]

which the Commission addressed the issues associated with the inability 
of a Public Safety Answering Point (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 and thus lack a dialable 
number. The R&O may be found at 67 FR 36112, May 23, 2002. The 
Reconsideration Petition was filed by the Emergency Services 
Interconnection Forum (ESIF), which also separately filed a Request for 
Stay (Stay Request) of the effective date (October 1, 2002) for 47 CFR 
20.18(l)(1)(i) and (l)(2)(i), adopted in the R&O. The Commission also 
solicits comment on the Stay Request.
    2. Section 20.18(l)(1)(i), requires that licensees donating non-
service initialized handsets through carrier-sponsored efforts program 
those handsets with the code 123-456-7890 as the telephone number/
mobile identification number to alert PSAPs that a 911 call is being 
made from a wireless phone that lacks call-back capability. Further, 
section 20.18(l)(2)(i) requires that all manufacturers of ``911-only'' 
handsets manufactured on or after October 1, 2002, program each handset 
with the same code.
    3. The Reconsideration Petition notes a solution not raised in the 
record to address the lack of call-back capability. The proposed 
solution is based on a technical standard published jointly by the 
Telecommunications Industry Association (TIA) and ATIS. The standard 
suggests the use of a wireless handset's Electronic Serial Number (ESN) 
or International Mobile Station Equipment Identity (IMEI) to create a 
surrogate number: ``911'' plus the last seven digits of the ESN or IMEI 
expressed as a decimal number. According to the Reconsideration 
Petition, using this surrogate number provides easier identification of 
the specific phone used in placing a wireless 911 call. Moreover, the 
surrogate number allegedly permits (1) the PSAP to prevent the misuse 
of the 9-1-1 system due to repeated harassing calls made on non-
initialized phones, and (2) the identification of legitimate emergency 
callers making multiple calls.
    4. The Reconsideration Petition also asserts that ESIF has 
identified a problem that was not addressed in the record of this 
proceeding. According to ESIF, the number requirement, 123-456-7890, in 
the Commission's new rules also serves as a valid International Roaming 
MIN (Mobile Identification Number) (``IRM'') range. As a result, the 
potential impact of the 123-456-7890 code is to remove one million 
numbers the IRM assignment pool, when IRMs are a finite numbering 
resource where the first number must be a zero (0) or a one (1).

Administrative Matters

    5. The Commission seeks comment on the issues raised by the 
Petition and Request. Pursuant to 47 CFR 1.1200(a), this proceeding is 
designated a ``permit but disclose'' proceedings and subject to 
Sec. 1.1206. Ex parte presentations that are made will be allowed but 
must be disclosed in accordance with the requirements of 47 CFR 
1.1206(b).
    6. Pursuant to 47 CFR 1.415, 1.419, interested parties may file 
oppositions to the Request for Stay on or before August 2, 2002. 
Replies are due August 19, 2002.
    7. Pursuant to Sec. 1.429 of the Commission's rules, interested 
parties may file comments to the Petition for Reconsideration on or 
before August 2, 2002. Reply comments are due August 19, 2002.
    8. Pleadings may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies. Comments filed through 
the ECFS can be sent as an electronic file via the Internet to <http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an 
electronic submission must be filed. In completing the transmittal 
screen, filing parties should include their full name, Postal Service 
mailing address, and the applicable docket or rulemaking number. 
Parties may also submit an electronic comment by Internet e-mail. To 
get filing instructions for e-mail comments, parties should send an e-
mail to [email protected], and should include the following words in the 
body of the message, ``get form .'' A 
sample form and directions will be sent in reply. Parties who choose to 
file by paper must file an original and four copies of each filing. 
Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). The Commission's contractor, Vistronix, Inc., 
will receive hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 
p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of before entering the 
building. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be addressed to the 
Commission's Secretary, Office of the Secretary,
    9. Federal Communications Commission. In addition, a diskette copy 
should be sent to 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 to [email protected].

List of Subjects in 47 CFR Part 20

    Communications common carrier, Communications equipment, Radio.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-18047 Filed 7-16-02; 8:45 am]
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