[Federal Register Volume 67, Number 200 (Wednesday, October 16, 2002)]
[Rules and Regulations]
[Pages 63851-63852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26237]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; DA 02-2423]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule; stay of effective date.

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SUMMARY: This document responds to a petition for reconsideration of a 
previous decision in this proceeding, by granting a request for stay of 
two of the Commission's rules imposing requirements for programming 
donated non-service-initialized phones and newly manufactured ``911-
only'' wireless handsets with a code number as the telephone number/
mobile identification number. Such phones currently lack such an 
identifying number and therefore do not have ``call-back'' capability. 
This inability to reach a caller, when such phones are used in 
emergency situations, can lead to critical delays in response time. The 
action is taken because the importance of the call-back issue to public 
safety and the merits of the arguments raised in the petition for 
reconsideration warrant further investigation before any rules are 
implemented.

DATES: Sections 20.18(l)(1)(i) and (l)(2)(i), added at 67 FR 36112, May 
23, 2002, are stayed indefinitely effective October 1, 2002. The 
Commission will publish a document in the Federal Register when a final 
decision regarding these rule sections is reached.

FOR FURTHER INFORMATION CONTACT: David Siehl, Attorney,202-418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of the Order in CC Docket 
No. 94-102; DA 02-2423, adopted and released on September 30, 2002. The 
complete text of this Order 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 Order

    1. The Order grants a Request for Stay of 47 CFR 20.28(l)(1)(i) and 
(l)(2)(i) as adopted in the Report and Order published at 67 FR 36112, 
May 23, 2002. These rules impose requirements for programming both 
donated non-service-initialized phones and newly manufactured ``911-
only'' wireless handsets with the code 123-456-7890 as the telephone 
number/mobile identification number. The purpose of the rules is to 
address the lack of call-back capability when 911 calls are dialed from 
these wireless devices.
    2. A Request for Stay of the rules was filed by the Emergency 
Services Interconnection Forum (ESIF), which is a sponsored committee 
of the Alliance for Telecommunications Industry Solutions and is 
comprised of Commercial Mobile Radio Service carriers, wireless handset 
vendors, and public safety representatives. A Public Notice soliciting 
comment on this Request for Stay was published at 67 FR 46909, July 17, 
2002.
    3. In examining ESIF's Request for Stay, the Order finds that a 
stay is warranted in this case based on the likelihood of success on 
the merits of a Petition for Reconsideration of the Report and Order 
(Reconsideration Petition), also filed by ESIF, and the lack of injury 
to third parties if the Stay Request is granted. Issuance of a stay 
will allow further consideration of a solution, raised by ESIF in its 
Reconsideration Petition, for 911 calls from donated non-initialized 
wireless phones and 911-only wireless handsets that the Commission has 
not previously reviewed in this proceeding and that possesses certain 
potential advantages over the approach adopted in the Report and Order.

Ordering Clause

    4. It is therefore ordered, pursuant to Sections 4(i), 11, 303(g), 
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 161, 303(g), and 303(r) that 1 the Request for Stay filed by 
Emergency Services Interconnection Forum on June 12, 2002, is granted 
and will remain in effect until the Commission resolves the Petition 
for Reconsideration. The Commission will then publish a document in the 
Federal Register regarding these rules.

List of Subjects in 47 CFR Part 20

    Communications common carrier, Communications equipment, Radio.


[[Page 63852]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-26237 Filed 10-10-02; 11:25 am]
BILLING CODE 6712-01-P