[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Rules and Regulations]
[Pages 2252-2253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-947]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; DA 02-3565]


Petition for Declaratory Ruling Regarding the Applicability of 
E911 Phase II Requirements for Wireless Handsets to In-Vehicle, 
Embedded Telematics Units, Comments Invited

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for declaratory ruling.

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SUMMARY: The Commission seeks comment on a petition for ruling from 
OnStar Corporation, seeking clarification that embedded telematics 
units are not ``handsets'' as that term is used in the Commission's 
orders in this proceeding, and that such units are not included in 
calculating the wireless licensee's enhanced 911 Phase II handset 
activation compliance requirements. The action is taken to establish a 
record on which to base a response to OnStar Corporation's request.

DATES: Comments are due on or before January 24, 2003, and reply 
comments are due on or before February 7, 2003.

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

SUPPLEMENTARY INFORMATION:
    1. On December 3, 2002, the OnStar Corporations (OnStar) filed a 
Petition for Ruling (Declaratory Ruling Petition), seeking 
clarification that (1) embedded telematics units are not ``handsets'' 
as that term is used in the Commission's orders in CC Docket No. 94-
102, and (2) such units are not included in calculating the wireless 
licensee's E911 Phase II handset activation compliance requirements.
    2. In the Wireless E911 Third Report and Order, the Commission 
adopted rules that imposed requirements on wireless carriers who employ 
a Phase II location technology requiring new, modified or upgraded 
handsets (such as Global Positioning Systems (GPS)-based technologies). 
(64 FR 60126, November 4, 1999.) These requirements included deployment 
schedules, penetration rates, interoperability criteria, and standards 
for Phase II location accuracy and reliability. The Wireless E911 Third 
Report and Order also amended Sec.  20.3 of the Commission's rules to 
define location-capable handsets as ``portable or mobile phones that 
contain special location-determining hardware and/or software, which is 
used by a licensee to locate 911 calls.''
    3. OnStar asserts that embedded telematics devices should not be 
treated as handsets and, therefore, not be subject to the Commission's 
E911 Phase II requirements at this time. OnStar contends that the 
assumptions concerning conventional handset technology on which the 
Commission's E911 Phase II decisions are based are not applicable to 
embedded telematics devices. OnStar asserts that embedded telematics 
developed around the use of autonomous (stand-alone) GPS while handset 
based Phase II technology has developed around a network assisted 
Global Positioning System/Advanced Forward Link Trilateration (AGPS/
AFLT) handset solution.
    4. In addition, OnStar contends that embedded telematics units 
should not be treated as handsets in calculating compliance with the 
underlying wireless licensee's handset activation requirements. OnStar 
submits that although handsets have relatively short lifecycles and are 
independent units routinely exchanged, retrofitting existing embedded 
analog telematics units with digital units is much more costly given 
technology and accessibility factors. OnStar contends that wireless 
carriers serving large populations of telematics units will lose the 
benefit of the five percent margin for handset compliance for E911 
Phase II by December 31, 2005, with respect to ``true handsets,'' and 
may even exceed the five percent margin with telematics units alone.
    5. We seek comment on the issues raised by the Declaratory Ruling 
Petition. Interested parties may file comments to the Petition on or 
before January 24, 2003. Reply comments are due February 7, 2003. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS) or by filing paper copies.
    6. This is a ``permit but disclose'' proceeding pursuant to Sec.  
1.1206 of the Commission's rules. Ex parte presentations that are made 
with respect to the issues involved with regard to the Petition will be 
allowed but must be disclosed in accordance with the requirements of 
Sec.  1.1206(b) of the Commission's rules.
    7. 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. Commenters also may obtain a copy of the ASCII Electronic 
Transmittal Form (FORM-ET) at http://www.fcc.gov/e-file/email.html.
    8. 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

[[Page 2253]]

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, 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].
    9. The full text of the Declaratory Ruling Petition, and responsive 
comments will be available for public inspection and copying during 
regular business hours at the FCC Reference Information Center, Portals 
II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. This 
document may also be purchased from the Commission's duplicating 
contractor. Alternative formats (computer diskette, large print, audio 
recording and Braille) are available to persons with disabilities by 
contacting Brian Millin, of the Consumer and Governmental Affairs 
Bureau, at (202) 418-7426 (voice) or (202) 418-7365 (TTY), or at 
[email protected]. This Public Notice can also be downloaded in Text and 
ASCII formats at: http://www.fcc.gov/cib/dro. For further information 
concerning this proceeding, contact David Siehl or Patrick Forster, 
Policy Division, Wireless Telecommunications Bureau, at (202) 418-1310 
(voice) or (202) 418-1169 (TTY).

Federal Communications Commission.

Kathleen O'Brien-Ham,
Deputy Chief, Wireless Telecommunications Bureau.
[FR Doc. 03-947 Filed 1-15-03; 8:45 am]
BILLING CODE 6712-01-P