[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Rules and Regulations]
[Pages 54037-54042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20162]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[CC Docket No. 94-102, IB Docket No. 99-67; FCC 04-201]


Scope of Enhanced 911 Requirements

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission sets forth recordkeeping and 
reporting requirements in connection with mobile satellite service 
(MSS) providers' implementation of 911 emergency call centers. As many 
citizens, elected representatives, and public safety personnel 
recognize, 911 service is critical to our Nation's ability to respond 
to a host of crises and this document enhances the Nation's ability to 
do so.

DATES: Effective February 14, 2005. The pre-implementation call center 
reports (a one-time filing) are due by October 12, 2004. The post-
implementation call center reports are due annually, beginning on 
October 15, 2005.

ADDRESSES: All comments should be addressed to the Office of the 
Secretary, Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. In addition to filing comments with the 
Secretary, a copy of any Paperwork Reduction Act (PRA) comments on the 
information collection(s) contained herein should be submitted to 
Judith B. Herman, Federal Communications Commission, Room 1-C804, 445 
12th Street, SW., Washington, DC 20554, or via the Internet to [email protected], and to Kristy L. LaLonde, OMB Desk Officer, Room 
10234 NEOB, 725 17th Street, NW., Washington, DC 20503 via the Internet 
to [email protected] or by fax to 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Arthur Lechtman, Satellite Division, 
International Bureau, at (202) 418-1465. For additional information 
concerning the information collection(s) contained in this document, 
contact Judith B. Herman at 202-418-0214, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Second Report and 
Order (R&O), adopted on August 18, 2004, and released on August 25, 
2004. The full text of the Second Report and 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. This document may also be purchased from 
the Commission's duplicating contractor, Best Copy and Printing, Inc., 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
telephone 202-863-2893, facsimile 202-863-2898, or via e-mail 
[email protected]. This R&O contains a modified information collection 
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. It will be submitted to the Office of Management and Budget (OMB) 
for review under the PRA. OMB, the general public, and other Federal 
agencies are invited to comment on the modified information collection 
contained in this proceeding.

Paperwork Reduction Act of 1995 Analysis

Initial Paperwork Reduction Act of 1995 Analysis

    This R&O contains a modified information collection. Specifically, 
the Commission previously obtained Office of Management and Budget 
(OMB) approval for submission of the post-implementation call center 
report in paper format (See OMB Control Number 3060-1059). The Second 
Report and Order requires mandatory electronic filing of these reports. 
The Commission, as part of its continuing effort to reduce

[[Page 54038]]

paperwork burdens, invites the general public and the OMB to comment on 
the information collection(s) contained in this R&O, as required by the 
Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. Public and 
agency comments are due November 8, 2004. PRA comments should address: 
(a) Whether the modified collection of information is necessary for the 
proper performance of the functions of the Commission, including 
whether the information shall have practical utility; (b) the accuracy 
of the Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how we might ``further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.''
    OMB Control Number: 3060-1059.
    Title: Revision of the Commission's rules to Ensure Compatibility 
With Enhanced 911 Emergency Calling Systems; Amendment of parts 2 and 
25 to Implement the Global Mobile Personal Communications by Satellite 
(GMPCS) Memorandum of Understanding.
    Form No.: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: 25 respondents.
    Estimated Number of Responses: 75 responses.
    Estimated Time Per Response: 1-2 hours.
    Frequency of Response: On occasion, annual and other reporting 
requirements, recordkeeping requirement.
    Estimated Total Annual Burden: 75 hours.
    Estimated Total Annual Costs: $8,000.
    Privacy Act Impact Assessment: Not applicable.
    Needs and Uses: The Commission released a Second Report and Order 
titled, ``Revision of the Commission's rules to Ensure Compatibility 
With Enhanced 911 Emergency Calling Systems; Amendment of parts 2 and 
25 to Implement the Global Mobile Personal Communications by Satellite 
(GMPCS) Memorandum of Understanding and Arrangements; Petition of the 
National Telecommunications and Information Administration (NTIA) to 
Amend part 25 of the Commission's rules to Establish Emissions Limits 
for Mobile and Portable Earth Stations Operating in the 1610-1660.5 MHz 
Band,'' CC Docket No. 94-102; IB Docket No. 99-67, FCC 04-201. (E911 
Scope Second R&O).
    In the E911 Scope Second R&O, the Commission concluded that 
pursuant to Sec.  25.143, Mobile Satellite Service (MSS) carriers must 
file annual reports with the Commission electronically beginning 
October 15, 2005. The reports will include carrier and call center 
contact information, the aggregate number of calls received by the call 
center each month during the relevant reporting period, and the number 
of those calls that required forwarding to a PSAP. The MSS carriers' 
filing of post-implementation reports with the Commission annually will 
help the Commission to monitor compliance with the call center 
requirement and determine whether modification to the requirement is 
warranted. The reports will also be a means of updating the public 
record on call center contact information. The Commission is revising 
OMB Control Number 3060-1059 to implement mandatory electronic filing 
for the post-implementation reports beginning October 15, 2005. The 
number of respondents, annual burden hours, etc. include the pre-
implementation report that MSS carriers will file with the Commission 
one-time only on October 12, 2004. A Correction Worksheet (OMB 83-c) 
will be submitted to the Office of Management and Budget (OMB) to 
remove the paperwork burden associated with the pre-implementation 
report after October 12, 2004.
    The information collections that result from the E911 Scope Second 
R&O are used by the Commission under its authority to license 
commercial satellite services in the United States. Without the 
collection of information that would result from these proposed rules, 
the Commission would not be able to monitor the MSS carriers' 
establishment of call centers which are essential to provide emergency 
services, such as handling emergency 911 telephone calls from American 
citizens. The recordkeeping and reporting requirements include data on 
MSS call center use such as the aggregate number of calls that the call 
centers receive and the number of calls that required forwarding to a 
local PSAP. The Commission will use this data to monitor compliance 
with the call center requirement and track usage trends. Such 
information would be useful to the Commission in considering whether 
FCC rules require modification to accommodate the changing market.

I. Overview

    1. In this Second Report and Order, we adopt recordkeeping and 
reporting requirements in connection with implementation of the mobile 
satellite service (MSS) 911 emergency call center rule. The Commission 
adopted the call center rule in 2003, Revision of the Commission's 
rules to Ensure Compatibility with Enhanced 911 Emergency Calling 
Systems, CC Docket No. 94-102, IB Docket No. 99-67, Report and Order 
and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 25340, 
2003, and stated that it would become effective 12 months after Federal 
Register publication, which occurred on February 11, 2004. See Report 
and Order and Second Further Notice of Proposed Rulemaking, 69 FR 6578, 
February 11, 2004. The new reporting requirements that we adopt today 
will ensure that MSS carriers deploy their emergency call centers by 
February 11, 2005, in a timely manner and that all stakeholders 
(including the Commission, service providers, public safety 
organizations, and customers) are informed during the implementation 
and operation of these centers. Reliable communications systems for 
public safety and Homeland Security are core goals of the Commission in 
serving the public interest. This decision represents a balanced 
approach, which takes into consideration the expectations of consumers 
and the need to strengthen Americans' ability to access public safety 
entities in times of crisis, including for Homeland Security purposes.

A. Pre-Implementation Status Reports

    2. Discussion. We will require MSS carriers to file pre-
implementation status reports concerning their respective plans to 
deploy emergency call centers. We conclude that this requirement will 
encourage carrier planning efforts (particularly those carriers that do 
not already provide emergency call centers) and discussions with other 
necessary participants in the public safety community. Advance 
notification will inform stakeholders how MSS carriers intend to 
connect with PSAPs. Contrary to Globalstar's assertions, we believe 
that a certification of compliance would arrive too late to stimulate 
advance discussions with the public safety community. These discussions 
may be instrumental in ensuring that MSS carriers have the necessary 
resources to handle effectively emergency call traffic. Rather than 
have the pre-implementation report due three months prior to the 
effective date (as proposed), we require

[[Page 54039]]

MSS carriers to submit these reports by October 12, 2004, four months 
prior to the call center rule's effective date. We believe that an 
October deadline will (a) give carriers sufficient time to prepare 
their reports and (b) allow for any public safety coordination that may 
be necessary prior to February 11, 2005.
    3. The pre-implementation reports should include the following 
information: (a) Carrier identification information, including the 
person or persons filing the report and contact information; (b) a 
description of the carrier's coverage area; (c) basic call center 
information, including location and plans for routing emergency calls 
to PSAPs; (d) a description of how the call center features will be 
communicated to customers; and (e) an indication of any problems that 
the carrier has experienced in organizing its call center. We 
anticipate that the reports will be brief due to the limited nature of 
the information we are seeking, and therefore the reporting requirement 
should not impose substantial new burdens on carriers. In order to 
minimize any burden, we permit the electronic filing of the reports, 
which will be available on the Commission's Web site for ease of 
accessibility. Those carriers choosing to submit paper reports should 
submit an original and one copy to the Secretary's office to the 
attention of the Chief of the International Bureau at 445 12th Street, 
SW., Washington, DC 20554. We will also direct the Chief, International 
Bureau, to issue a public notice addressing the administrative details 
of the electronic submissions. Carriers may make changes in their plans 
after the report is filed, but to the extent that any substantial 
changes occur, carriers must file updates to their reports within 30 
days of the adoption of any such change. We believe that the pre-
implementation reports will provide valuable information for 
coordinating carrier plans with PSAPs and will assist our efforts to 
monitor implementation of the call center rule in a timely manner. If a 
carrier anticipates that it will not be able to meet the February 11, 
2005, deadline for call center deployment, it should file a request for 
extension of time as early as possible in advance of the February 2005 
deadline.

B. Post-Implementation Status Reports

    4. Discussion. We believe that collection of call center data will 
benefit the public interest. We will require that MSS carriers keep 
track of all calls received at their emergency call centers. (The 
Commission does not require a similar call tracking requirement for 
other wireless carriers. The number of 911 calls currently received by 
MSS carriers is significantly lower than that received by terrestrial 
wireless carriers. In addition, the different nature of the 911 
requirements and technological nature of the different services 
provides for a different approach in reporting requirements. Cellular 
and PCS providers are required to use technological solutions to 
automatically route 911 calls to the proper emergency personnel. Under 
the call center rule, MSS carriers must rely on staff at a call center 
to route the 911 call.) The reporting requirement on the number of 
calls received will assist us in monitoring a number of issues, 
including whether MSS carriers are complying with the call center rule, 
whether call centers are capable of handling 911 call traffic, and 
whether network enhancements would be necessary to improve the transfer 
of emergency calls from the call center to PSAPs. In addition, any MSS 
carriers that begin operation after February 11, 2005 would not be 
subject to a pre-implementation report; rather, they would need to 
comply with the call center requirement when operations begin (to the 
extent that two-way interconnected voice service is provided, 
consistent with our MSS call center policies). The post-implementation 
call center data reports would provide the only records on file at the 
Commission concerning those carriers' emergency call centers. MSS 
carriers must also identify which calls required forwarding to a PSAP 
and which did not. As we stated in the E911 Scope Second Further 
Notice, we believe that this data will be useful in assisting the 
Commission in monitoring compliance with the call center requirement as 
well as determining whether modification to the requirement is 
warranted. As suggested by NENA/NASNA, we will not require carriers to 
supply customer-specific information with these reports. Instead, 
carriers may submit the information in aggregate form. These reports 
must be filed once per year by each MSS carrier subject to the call 
center rule. In order to reduce the burden on carriers, the call center 
report will be due on the same day that MSS licensees must file their 
annual reports pursuant to Sec.  25.143. See 47 CFR 25.143(e). 
Operators of 1.6/2.4 GHz MSS and 2 GHz MSS systems must file reports on 
October 15 of each year concerning various aspects of their satellite 
system. Operators of MSS in other bands (e.g., L-band) are subject to 
the annual reporting requirements contained in Sec.  25.210(l), which 
designates June 30 of each year as the reporting deadline. See 47 CFR 
25.210(l). Therefore, the first call center reports will be due on 
October 15, 2005. Those MSS carriers that have a June 30 annual 
reporting requirement may submit their first post-implementation call 
center status reports on June 30, 2006.
    5. We do not believe that this reporting requirement will impose 
substantial burdens on carriers, contrary to Globalstar's position. The 
information that we are collecting is minimal. Consistent with the 
Commission's recent requirement that all part 25 related filings be 
filed electronically, Amendment of the Commission's Space Station 
Licensing Rules and Policies, 2000 Biennial Regulatory Review--
Streamlining and Other Revisions of part 25 of the Commission's rules 
Governing the Licensing of, and Spectrum Usage by, Satellite Network 
Earth Stations and Space Stations, IB Docket Nos. 02-34 and 00-248, 
Fourth Report and Order, 69 FR 47790, August 6, 2004, we require the 
post-implementation report to be filed electronically. We will also 
make these reports available on our Web site, and direct the Chief, 
International Bureau, to issue a public notice addressing the 
administrative details of the electronic submissions. We received no 
comments on our proposal to establish a sunset provision for a post-
implementation reporting requirement. We anticipate that this 
requirement will sunset of its own accord after we transition MSS from 
911 call centers to an automated E911 system following the conclusion 
of NRIC VII. Until that time, the data that carriers collect will 
provide valuable information that will assist in monitoring usage 
trends and also will help public safety organizations assess call 
center effectiveness. Usage trends may be an indicator of the need to 
modify the call center rule to be more responsive to call traffic or 
the need to hasten the transition to automatic delivery of MSS 911 
calls to PSAPs.

C. Other Issues

    6. Discussion. When we adopted the MSS call center requirement, we 
stated that call center operators must obtain the caller's phone number 
and location. We clarify now that call centers may share this 
information with the PSAP that receives the forwarded call. We must 
ensure that PSAPs can reconnect interrupted emergency calls as quickly 
as possible. We agree with NENA/NANSA's assertion that section 222(d) 
of the Communications Act permits MSS call centers to disclose to a 
PSAP any customer-specific information necessary to ``reconnect with 
the caller

[[Page 54040]]

and proceed with the emergency response.'' (NENA/NASNA comments at 4). 
Moreover, MSS call centers are permitted under section 222(g) to 
provide PSAPs with subscriber listed and unlisted information 
(including caller name and number) in order to assist in the delivery 
of emergency services. Consequently, there is no need for us to 
determine here whether a call center meets the definition of a PSAP.

II. Final Regulatory Flexibility Analysis

    7. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Revision of the Commission's rules to Ensure 
Compatibility With Enhanced 911 Emergency Calling Systems Second 
Further Notice of Proposed Rulemaking (2nd FNPRM). The Commission 
sought written public comment on the proposals in the 2nd FNPRM, 
including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) for the Second Report and Order conforms to 
the RFA.

A. Need for, and Objectives of, the Proposed Rules

    8. The Second Report and Order issues new reporting and 
recordkeeping rules in connection with the implementation of the mobile 
satellite service (MSS) emergency call center rule, 47 CFR 25.284, that 
was initiated with the Second Further Notice of Proposed Rulemaking, CC 
Docket No. 94-102 and IB Docket No. 99-67. The Second Report and Order 
requires MSS carriers subject to the call center rule to file a report 
with the Commission that indicates the carrier's plans for establishing 
its emergency call center. This report will ensure that MSS carriers 
deploy their emergency call centers by February 11, 2005, in a timely 
manner and that all stakeholders (including the Commission, service 
providers, public safety organizations, and customers) are informed 
during the implementation and operation of these centers. The Second 
Report and Order also requires MSS carriers subject to the call center 
rule to file annual reports regarding contact information and call 
traffic data, including the aggregate number of calls received on a 
monthly basis and the number of those calls that required transferring 
to a public safety answering point (PSAP). The Commission takes this 
action in recognition of Congress' directive to ``facilitate the prompt 
deployment throughout the United States of a seamless, ubiquitous, and 
reliable end-to-end infrastructure for communications, including 
wireless communications, to meet the Nation's public safety and other 
communications needs.'' In addition, the Commission takes this action 
to ensure consumers' expectations regarding access to 911 service are 
met, to strengthen Americans' ability to access public safety. It has 
balanced those goals against the needs of entities offering these 
services to be able to compete in a competitive marketplace.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    9. We received no comments directly in response to the IRFA in this 
proceeding.

C. Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules Will Apply

    10. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the adopted rules, if adopted. The RFA generally defines 
the term ``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 section 3 of the 
Small Business Act (5 U.S.C. 601(3) (incorporating by reference the 
definition of ``small business concern'' in the Small Business Act, 15 
U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with the 
Office of Advocacy of the Small Business Administration and after 
opportunity for public comment, establishes one or more definitions of 
such term which are appropriate to the activities of the agency and 
publishes such definitions(s) in the Federal Register.'' Under the 
Small Business Act, a ``small business concern'' is one that: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA). A small organization is generally 
``any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.''
    11. Incumbent Local Exchange Carriers. Neither the Commission nor 
the SBA has developed a specific small business size standard for 
providers of incumbent local exchange services. The closest applicable 
size standard under the SBA rules is for Wired Telecommunications 
Carriers. Under that standard, such a business is small if it has 1,500 
or fewer employees. According to the FCC's Telephone Trends Report 
data, 1,337 incumbent local exchange carriers reported that they were 
engaged in the provision of local exchange services. Of these 1,337 
carriers, an estimated 1,032 have 1,500 or fewer employees and 305 have 
more than 1,500 employees. Consequently, we estimate that the majority 
of providers of local exchange service are small entities that may be 
affected by the rules and policies adopted herein.
    12. Competitive Local Exchange Carriers. Neither the Commission nor 
the SBA has developed a specific small business size standard for 
providers of competitive local exchange services. The closest 
applicable size standard under the SBA rules is for Wired 
Telecommunications Carriers. Under that standard, such a business is 
small if it has 1,500 or fewer employees. According to the FCC's 
Telephone Trends Report data, 609 companies reported that they were 
engaged in the provision of either competitive access provider services 
or competitive local exchange carrier services. Of these 609 companies, 
an estimated 458 have 1,500 or fewer employees and 151 have more than 
1,500 employees. Consequently, the Commission estimates that the 
majority of providers of competitive local exchange service are small 
entities that may be affected by the rules.
    13. Competitive Access Providers. Neither the Commission nor the 
SBA has developed a specific size standard for competitive access 
providers (CAPS). The closest applicable standard under the SBA rules 
is for Wired Telecommunications Carriers. Under that standard, such a 
business is small if it has 1,500 or fewer employees. According to the 
FCC's Telephone Trends Report data, 609 CAPs or competitive local 
exchange carriers and 35 other local exchange carriers reported that 
they were engaged in the provision of either competitive access 
provider services or competitive local exchange carrier services. Of 
these 609 competitive access providers and competitive local exchange 
carriers, an estimated 458 have 1,500 or fewer employees and 151 have 
more than 1,500 employees. Of the 35 other local exchange carriers, an 
estimated 34 have 1,500 or fewer employees and one has more than 1,500 
employees. Consequently, the Commission estimates that the majority of 
small entity CAPS and the majority of other local exchange carriers may 
be affected by the rules.
    14. Local Resellers. The SBA has developed a specific size standard 
for small businesses within the category of

[[Page 54041]]

Telecommunications Resellers. Under that standard, such a business is 
small if it has 1,500 or fewer employees. According to the FCC's 
Telephone Trends Report data, 133 companies reported that they were 
engaged in the provision of local resale services. Of these 133 
companies, an estimated 127 have 1,500 or fewer employees and 6 have 
more than 1,500 employees. Consequently, the Commission estimates that 
the majority of local resellers may be affected by the rules.
    15. Toll Resellers. The SBA has developed a specific size standard 
for small businesses within the category of Telecommunications 
Resellers. Under that SBA definition, such a business is small if it 
has 1,500 or fewer employees. According to the FCC's Telephone Trends 
Report data, 625 companies reported that they were engaged in the 
provision of toll resale services. Of these 625 companies, an estimated 
590 have 1,500 or fewer employees and 35 have more than 1,500 
employees. Consequently, the Commission estimates that a majority of 
toll resellers may be affected by the rules.
    16. Interexchange Carriers. Neither the Commission nor the SBA has 
developed a specific size standard for small entities specifically 
applicable to providers of interexchange services. The closest 
applicable size standard under the SBA rules is for Wired 
Telecommunications Carriers. Under that standard, such a business is 
small if it has 1,500 or fewer employees. According to the FCC's 
Telephone Trends Report data, 261 carriers reported that their primary 
telecommunications service activity was the provision of interexchange 
services. Of these 261 carriers, an estimated 223 have 1,500 or fewer 
employees and 38 have more than 1,500 employees. Consequently, we 
estimate that a majority of interexchange carriers may be affected by 
the rules.
    17. Operator Service Providers. Neither the Commission nor the SBA 
has developed a specific size standard for small entities specifically 
applicable to operator service providers. The closest applicable size 
standard under the SBA rules is for Wired Telecommunications Carriers. 
Under that standard, such a business is small if it has 1,500 or fewer 
employees. According to the FCC's Telephone Trends Report data, 23 
companies reported that they were engaged in the provision of operator 
services. Of these 23 companies, an estimated 22 have 1,500 or fewer 
employees and one has more than 1,500 employees. Consequently, the 
Commission estimates that a majority of local resellers may be affected 
by the rules.
    18. Prepaid Calling Card Providers. The SBA has developed a size 
standard for small businesses within the category of Telecommunications 
Resellers. Under that size standard, such a business is small if it has 
1,500 or fewer employees. According to the FCC's Telephone Trends 
Report data, 37 companies reported that they were engaged in the 
provision of prepaid calling cards. Of these 37 companies, an estimated 
36 have 1,500 or fewer employees and one has more than 1,500 employees. 
Consequently, the Commission estimates that a majority of prepaid 
calling providers may be affected by the rules.
    19. Mobile Satellite Service Carriers. Neither the Commission nor 
the U.S. Small Business Administration has developed a small business 
size standard specifically for mobile satellite service licensees. The 
appropriate size standard is therefore the SBA standard for Satellite 
Telecommunications, which provides that such entities are small if they 
have $12.5 million or less in annual revenues. Currently, nearly a 
dozen entities are authorized to provide voice MSS in the United 
States. We have ascertained from published data that four of those 
companies are not small entities according to the SBA's definition, but 
we do not have sufficient information to determine which, if any, of 
the others are small entities. We anticipate issuing several licenses 
for 2 GHz mobile earth stations that would be subject to the 
requirements we are adopting here. We do not know how many of those 
licenses will be held by small entities, however, as we do not yet know 
exactly how many 2 GHz mobile-earth-station licenses will be issued or 
who will receive them. The Commission notes that small businesses are 
not likely to have the financial ability to become MSS system operators 
because of high implementation costs, including construction of 
satellite space stations and rocket launch, associated with satellite 
systems and services.
    20. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a specific size standard for small entities specifically 
applicable to ``Other Toll Carriers.'' This category includes toll 
carriers that do not fall within the categories of interexchange 
carriers, operator service providers, prepaid calling card providers, 
satellite service carriers, or toll resellers. The closest applicable 
size standard under the SBA rules is for Wired Telecommunications 
Carriers. Under that standard, such a business is small if it has 1,500 
or fewer employees. According to the FCC's Telephone Trends Report 
data, 92 carriers reported that they were engaged in the provision of 
``Other Toll Services.'' Of these 92 carriers, an estimated 82 have 
1,500 or fewer employees and ten have more than 1,500 employees. 
Consequently, the Commission estimates that a majority of ``Other Toll 
Carriers'' may be affected by the rules.
    21. Wireless Service Providers. The SBA has developed a size 
standard for small wireless businesses within the two separate 
categories of Cellular and Other Wireless Telecommunications and 
Paging. Under these standards, such a business is small if it has 1,500 
or fewer employees. According to the FCC's Telephone Trends Report 
data, 1,387 companies reported that they were engaged in the provision 
of wireless service. Of these 1,387 companies, an estimated 945 have 
1,500 or fewer employees and 442 have more than 1,500 employees. 
Consequently, we estimate that a majority of wireless service providers 
may be affected by the rules.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    22. Paragraphs 10-14 of the Second Report and Order require that 
all MSS licensees subject to the emergency call center requirement both 
(a) submit implementation progress reports prior to the effective date 
of the call center requirement and (b) record data on call center 
operations for annual reporting purposes. See also Section E, infra.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    23. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    24. The critical nature of the 911 and E911 proceedings limit the 
Commission's ability to provide small carriers with a less burdensome 
set of E911 regulations than that placed on large entities. A delayed 
or less than adequate response to an E911 call can

[[Page 54042]]

be disastrous regardless of whether a small carrier or a large carrier 
is involved. Prior to adoption of the call center rule, 47 CFR 25.284, 
MSS carriers had been exempt from the Commission's 911 and E911 
regulations.
    25. As mentioned, the Second Report and Order sets forth reporting 
and recordkeeping requirements in connection with implementation of the 
MSS emergency call center requirement. The first reporting requirement 
is a one-time filing that MSS carriers (those subject to the call 
center rule) must submit, electronically, prior to the effective date 
of the call center rule. This report would provide the Commission, the 
public, and the public safety community with valuable information 
concerning the carrier's plans to establish an emergency call center. 
Call center 911 service is a new form of 911 service, and the Second 
Report and Order also requires collection of call center data, 
including the number of calls received during a given period and the 
number of calls requiring forwarding to a public safety answering point 
(PSAP). To minimize burdens on MSS carriers, including small entities, 
the Second Report and Order requires that the annual call center data 
reports be filed electronically and that the deadline for submission be 
consistent with the deadline for satellite operators' annual satellite 
reports.
    26. By tailoring its rules in this manner, the Commission seeks to 
fulfill its obligation of ensuring ``a seamless, ubiquitous, and 
reliable end-to-end infrastructure for communications, including 
wireless communications, to meet the Nation's public safety and other 
communications needs.''

F. Report to Congress

    27. The Commission will send a copy of the Second Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Second Report and Order, including the FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the Second Report and Order and FRFA (or summaries thereof) will also 
be published in the Federal Register. See 5 U.S.C. 604(b).

III. Ordering Clauses

    28. It is ordered, that pursuant to sections 1, 4(i), 7, 10, 201, 
202, 208, 214, 222(d)(4)(A)-(C), 222(f), 222(g), 222(h)(1)(A), 
222(h)(4)-(5), 251(e)(3), 301, 303, 308, and 310 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 157, 160, 201, 202, 
208, 214, 222(d)(4)(A)-(C), 222(f), 222(g), 222(h)(1)(A), 222(h)(4)-
(5), 251(e)(3), 301, 303, 308, 310, this Second Report and Order is 
hereby adopted.
    29. It is further ordered that the rule changes set forth will 
become effective on February 14, 2005.
    30. It is further ordered that, pursuant to 47 U.S.C. 155(c) and 47 
CFR 0.261, the Chief of the International Bureau is delegated authority 
to prescribe and set forth procedures for the implementation of the 
provisions adopted herein.
    31. It is further ordered that the Commission's Office of Consumer 
and Government Affairs, Reference Information Center, shall send a copy 
of this Second Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Part 25

    Satellites.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 25 as follows:

PART 25--SATELLITE COMMUNICATIONS

0
1. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 
301, 302, 303, 307, 309, and 332 of the Communications Act, as 
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, 332, 
unless otherwise noted.


0
2. Redesignate the text of Sec.  25.284 as Sec.  25.284(a), and add new 
paragraph (b), to read as follows:


Sec.  25.284  Emergency Call Center Service.

    (a) * * *
    (b) Beginning February 11, 2005, each mobile satellite service 
carrier that is subject to the provisions of paragraph (a) of this 
section must maintain records of all 911 calls received at its 
emergency call center. Beginning October 15, 2005, and on each 
following October 15, mobile satellite service carriers providing 
service in the 1.6/2.4 GHz and 2 GHz bands must submit a report to the 
Commission regarding their call center data, current as of September 30 
of that year. Beginning June 30, 2006, and on each following June 30, 
mobile satellite service carriers providing service in bands other than 
1.6/2.4 GHz and 2 GHz must submit a report to the Commission regarding 
their call center data, current as of May 31 of that year. These 
reports must include, at a minimum, the following:
    (1) The name and address of the carrier, the address of the 
carrier's emergency call center, and emergency call center contact 
information;
    (2) The aggregate number of calls received by the call center each 
month during the relevant reporting period;
    (3) An indication of how many calls received by the call center 
each month during the relevant reporting period required forwarding to 
a public safety answering point and how many did not require forwarding 
to a public safety answering point.

[FR Doc. 04-20162 Filed 9-3-04; 8:45 am]
BILLING CODE 6712-01-P