[Federal Register Volume 68, Number 242 (Wednesday, December 17, 2003)]
[Rules and Regulations]
[Pages 70184-70185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31105]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; FCC 03-242]


Ensure Compatibility With Enhanced 911 Emergency Calling Systems

AGENCY: Federal Communications Commission.

ACTION: Clarification.

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SUMMARY: In this document, the Commission denies in part, and grants in 
part, a Petition from OnStar Corporation (OnStar). The action is 
necessary to clarify that OnStar telematics units that provide a 
Commercial Mobile Radio Service (CMRS) personal calling service are 
handsets or mobile phones in accordance with part 20 of the 
Commission's rules. The Commission also grants a temporary, conditional 
waiver of its E911 Phase II rules, including the equipment activation 
requirements, as they apply to wireless licensees that furnish the 
underlying wireless service for OnStar analog and first generation 
digital telematics units installed in OnStar equipped vehicles prior to 
December 31, 2005. The waiver allows OnStar and its wireless carrier 
partners a reasonable period to continue their cooperative effort to 
adjust the performance of OnStar's digital equipment.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Order released on 
October 21, 2003. The complete text of the Order is 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. The Order may also be purchased from 
the Commission's duplicating contractor, Qualex International, Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC, 20554, 
telephone 202-863-2893, facsimile 202-863-2989, or via e-mail 
[email protected].

Synopsis of the Order

    1. OnStar's provision of telematics services combines wireless 
communications, autonomous geographic positioning system (GPS) 
capability, and voice recognition technology that are integrated into 
automobiles' electrical architecture. OnStar telematics units cannot be 
removed from vehicles.
    2. On December 3, 2002, OnStar filed its Petition seeking 
clarification. The

[[Page 70185]]

Commission's Wireless Telecommunications Bureau (Wireless Bureau) 
released a Public Notice, 68 FR 2252 (January 16, 2003), seeking 
comment on the Petition.
    3. The Order finds that telematics units provided by OnStar that 
are not capable of providing wireless calling service are not within 
the definition of Sec.  20.3, and therefore, not subject to the E911 
requirements of Sec.  20.18(g) of the Commission's rules. On the other 
hand, although OnStar telematics units do not have the appearance of 
``traditional'' portable handsets, some units are also capable of 
providing a commercial mobile radio service (CMRS) in addition to 
telematics services. 911 calls may be made from them over the 
underlying CMRS network of the carrier licensees, with whom OnStar has 
reached agreements to provide that wireless service. Their capability 
to function as mobile phones and to provide commercial wireless service 
through a licensee qualifies them as mobile phones within the 
definition Sec.  20.3 and, thus, within the scope of the E911 
requirements pursuant to Sec.  20.18(g) of the Commission's rules.
    4. The Order further determines that licensees who provide CMRS 
service in accordance with Sec.  20.18 have a responsibility in terms 
of the requirements of that section with respect to OnStar telematics 
units that are capable of providing CMRS.
    5. The Order concludes that the circumstances regarding OnStar's 
telematics units that provide commercial calling service warrant 
granting a waiver to (1) cover carriers who currently providing 
underlying wireless service to OnStar, and (2) its prospective wireless 
partners with whom it is attempting to work out arrangements as it 
migrates from analog to digital based equipment and service. Grant of a 
waiver of the E911 Phase II rules serves to clarify the obligations of 
CMRS licensees by resolving that OnStar telematics units that provide 
CMRS do not have to be included in the count for the equipment 
activation requirements under Sec.  20.18(g) prior to December 31, 
2005. The grant of the waiver is conditioned on the determinations the 
Commission makes on the larger telematics issues in its Further Notice 
of Proposed Rulemaking, 68 FR 3214 (January 23, 2003), proceeding in 
the same docket, CC Docket No. 94-102.

Ordering Clauses

    6. It is ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and 
Sec. Sec.  0.131, 0.331, 1.3, of the Commission's rules, 47 CFR 0.131, 
0.331, 1.3, the Petition for Ruling filed by OnStar Corporation on 
December 3, 2002 is denied in part and granted in part.
    7. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and 
Sec. Sec.  0.131, 0.331, 1.3, of the Commission's rules, 47 CFR 0.131, 
0.331, 1.3, a waiver of the Commission's E911 Phase II rules pursuant 
to part 20 of the Commission's rules is granted to wireless licensees 
with respect to OnStar Corporation's telematics equipment that is 
capable of providing a commercial wireless service, as described, and 
subject to the conditions set forth, herein.
    8. It is further ordered that this waiver is granted until December 
31, 2005, unless otherwise modified by the Commission.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-31105 Filed 12-16-03; 8:45 am]
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