[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Rules and Regulations]
[Pages 2517-2519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-902]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; FCC 03-262]


Ensuring Compatibility With Enhanced 911 Emergency Calling 
Systems; Non-Initialized Phones

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document lifts the stay currently in effect and modifies 
the Commission's rules by striking the requirement to program the 123-
456-7890 sequential number into carrier-donated non-initialized and 
``911-only'' phones. This action also relieves carriers of any 
attendant obligations to complete any network programming necessary to 
deliver the 123-456-7890 ``telephone number'' from these devices to 
PSAPs. This action further requires that carriers complete any network 
programming necessary to deliver this ``telephone number'' from 
carrier-donated non-service initialized phones and ``911-only'' 
handsets to PSAPs.

DATES: The stay of paragraphs (l)(1)(i) and (l)(2)(i) of Sec.  20.18 is 
lifted effective May 3, 2004. The amendments to Sec.  20.18 are 
effective May 3, 2004.

[[Page 2518]]


FOR FURTHER INFORMATION CONTACT: Eugenie Barton, Attorney, (202) 418-
1732.

SUPPLEMENTARY INFORMATION: This document grants the Petition for 
Reconsideration (Reconsideration Petition) filed by the Alliance for 
Telecommunications Industry Solutions (ATIS) on behalf of the Emergency 
Services Interconnection Forum (ESIF). In an Order released on 
September 30, 2002, the Commission stayed the rules contained in 
Sec. Sec.  20.18(l)(1)(i) and (l)(2)(i) until the Commission resolved 
the Reconsideration Petition. This is a summary of the Commission 
Memorandum Opinion and Order, (MO&O) released November 3, 2003 (FCC 03-
262). The full text of the MO&O is available for inspection and copying 
during normal business hours in the FCC Reference Center, Room CY-A257, 
445 12th St., SW., Washington DC 20554. The complete text may also be 
purchased from the Commission's duplicating contractor, Qualex 
International, Portals II, 445 12th St., SW., Room CY-B402, Washington 
DC, telephone (202) 863-2893, facsimile (202) 863-2898, or via e-mail 
[email protected]. Additionally, the complete item is available on the 
Commission's Web site at http://www.fcc.gov/wtb.

Synopsis of the MO&O

    1. In this Memorandum Opinion and Order (MO&O), the Commission 
grants the Petition for Reconsideration (Reconsideration Petition) 
filed by the Alliance for Telecommunications Industry Solutions (ATIS) 
on behalf of the Emergency Services Interconnection Forum (ESIF). This 
document amends the Commission's rules with the requirement to program 
carrier-donated non-service initialized phones and new ``911-only'' 
handsets covered in our original Report and Order, 67 FR 36112 (May 23, 
2002), with a sequential number beginning with ``911,'' plus seven 
digits selected in a manner analogous to the way a ``telephone number'' 
is generated by Annex C compliant network software, as explained in 
more detail. The Emergency Services Interconnection Forum (ESIF) refers 
to the solution as the ``Annex C'' solution because it was originally 
published as Annex C to J-STD-036-A, ``Enhanced Wireless 9-1-1 Phase 
2'' (June 2002). The Commission's Report and Order under 
reconsideration required the programming of carrier-donated non-
service-initialized phones and newly manufactured non-initialized 
``911-only'' wireless handsets with the number 123-456-7890 as the 
``telephone number'' transmitted to the Public Safety Answering Point 
(PSAP) receiving the call in order to address the problems created by 
the lack of call-back capability when 911 calls are dialed from these 
devices. The Commission concludes, in light of the new information 
presented by the ESIF, that the voluntary technical standard developed 
by the ESIF, which was recently adopted as part of the ``Enhanced 
Wireless 9-1-1 Phase 2'' industry consensus standard, provides a more 
far-reaching and technically superior solution and better serves the 
public interest.
    2. Accordingly, the Stay currently in effect is lifted and the 
Commission's rules are modified by striking the requirement to program 
the 123-456-7890 sequential number into carrier-donated non-initialized 
and ``911-only'' phones. Carriers are also relieved of any attendant 
obligations to complete any network programming necessary to deliver 
the 123-456-7890 ``telephone number'' from these devices to PSAPs. 
Those rules are now amended with the requirement to program carrier-
donated non-service initialized phones and new ``911-only'' handsets 
covered in our original Report and Order with a sequential number 
beginning with ``911,'' plus seven digits selected in a manner 
analogous to the way a ``telephone number'' is generated by Annex C 
compliant network software. Carriers are further required to complete 
any network programming necessary to deliver this ``telephone number'' 
from carrier-donated non-service initialized phones and ``911-only'' 
handsets to PSAPs.
    3. In view of the potential importance to public safety to provide 
PSAPs with a means of identifying emergency calls made by recipients of 
non-initialized wireless phones donated to provide them with emergency 
assistance and by purchasers of non-initialized ``911-only'' phones, 
the Commission further requires that, within six months of the issuance 
of the November 3, 2003 MO&O, carriers donating such phones and handset 
manufacturers of ``911-only'' phones that were covered under the 
requirements in our Report and Order begin to program 911 plus a seven 
digit number that is derived by a methodology analogous to that 
described in Annex C. By striking the earlier programming requirement 
and replacing it with a requirement that is consistent with the 
emerging industry standard for network deployment of Phase II E911, the 
Commission is targeting its regulations to accomplish the greatest 
benefit with the least burden. If the network solution becomes 
ubiquitous in the future and is able to provide a means of identifying 
emergency calls from these handsets, as well, the Commission plans to 
revisit the imposition of this limited requirement.
    4. In light of the record, the limited scope of the Commission's 
original Report and Order, and the need for flexibility in the face of 
rapidly changing technology, the Commission will give the ESIF 
consensus standards process time to achieve full implementation 
voluntarily. However, the Annex C solution is expected to be 
substantially implemented voluntarily within 18 months of the issuance 
of the November 3, 2003 MO&O. As previously stated in the context of 
the First Report and Order, if a need for further action is 
demonstrated, ``especially once E911 Phase I is fully operational and 
ubiquitous, the Commission will revisit this issue, weigh the evidence 
presented, and look at the possibility of requiring a technical or 
other solution at that time.'' If, within one year from the date the 
MO&O was issued, considerable progress towards the goal of voluntary 
implementation of the Annex C solution has not been made, the 
Commission will consider whether it is in the public interest to impose 
further specific implementation requirements.

Paperwork Reduction Act of 1995 Analysis

    5. The actions contained in the MO&O have been analyzed with 
respect to the Paperwork Reduction Act of 1995 and found to impose no 
new reporting requirements or burden on the public.

Final Regulatory Flexibility Analysis

    6. The Regulatory Flexibility Act (RFA) of 1980, as amended, 
requires that a regulatory flexibility analysis be prepared for notice-
and-comment rule making proceedings, unless the agency certifies that 
``the rule will not, if promulgated, have significant economic impact 
on a substantial number of small entities.'' The RFA generally defines 
``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 the Small Business 
Act. A small business concern is one which: (i) Is independently owned 
and operated; (ii) is not dominant in its field of operation; and (iii) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). We continue to use these definitions and to 
consider the impact of this

[[Page 2519]]

MM&O on the entities discussed in the initial Report and Order.
    7. The RFA analysis adopted in the initial Report and Order remains 
correct because there is no greater burden on carriers who are donating 
non-initialized phones and manufacturers of ``911-only'' wireless 
devices to program these devices with 911 plus the seven least 
significant digits of the decimal representation of the ESN, IMEI, or 
other unique identifier programmed into the handset, than to program 
these devices with the 123-456-7890 sequential number. Also, there is 
no greater burden on carriers to program their networks to deliver 
these ``telephone numbers'' from carrier-donated non-service 
initialized phones and ``911-only'' handsets to PSAPs than programming 
their networks to deliver the 123-456-7890 sequential number from these 
devices.

List of Subjects in 47 CFR Part 20

    Communications common carrier, Communications equipment, Radio.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 20 as follows:

PART 20--COMMERCIAL MOBILE RADIO SERVICES

0
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.

0
2. Amend Sec.  20.18 by revising paragraphs (l)(1)(i); (l)(2) 
introductory text and (l)(2)(i) to read as follows:


Sec.  20.18 911  Service.

* * * * *
    (l) * * *
    (1) * * *
    (i) Program each handset with 911 plus the decimal representation 
of the seven least significant digits of the Electronic Serial Number, 
International Mobile Equipment Identifier, or any other identifier 
unique to that handset;
* * * * *
    (2) Manufacturers of 911-only handsets that are manufactured on or 
after May 3, 2004, are required to:
    (i) Program each handset with 911 plus the decimal representation 
of the seven least significant digits of the Electronic Serial Number, 
International Mobile Equipment Identifier, or any other identifier 
unique to that handset;
* * * * *
[FR Doc. 04-902 Filed 1-15-04; 8:45 am]
BILLING CODE 6712-01-P