[Federal Register Volume 73, Number 187 (Thursday, September 25, 2008)]
[Proposed Rules]
[Pages 55473-55495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22645]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[PS Docket No. 07-114; DA 08-2129]


Wireless E911 Location Accuracy Requirements

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission seeks 
comment on proposals in certain ex parte filings submitted by the 
Association of Public-Safety Communications Officials, International 
(APCO), the National Emergency Number Association (NENA), AT&T, Sprint 
Nextel Corporation, and Verizon Wireless regarding location accuracy 
requirements for wireless licensees subject to the Commission's rules 
that specify standards for wireless Enhanced 911 (E911) Phase II 
location accuracy and reliability.

DATES: Comments are due October 6, 2008 by 12 p.m. Reply Comments are 
due October 14, 2008 by 12 p.m.

ADDRESSES: All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554. Parties shall 
also serve one copy with the Commission's copy contractor, Best Copy 
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, (202) 488-5300, or via e-mail to 
[email protected]. In addition to filing comments with the Secretary, a 
copy of any comments on the Paperwork Reduction Act information 
collection requirements contained herein should be submitted to the 
Federal Communications Commission via e-mail to [email protected] and to 
Nicholas A. Fraser, Office of Management and Budget, via e-mail to 
[email protected] or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Thomas J. Beers, Chief, Policy 
Division, Public Safety and Homeland Security Bureau, at (202) 418-
0952. For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, send an 
e-mail to [email protected] or contact Jerry Cowden at (202) 418-0447.

SUPPLEMENTARY INFORMATION: On November 20, 2007, the Commission 
released a Report and Order (Location Accuracy Order) requiring 
wireless licensees subject to section 20.18(h) of the Commission's 
rules, which specifies the standards for wireless Enhanced 911 (E911) 
Phase II location accuracy and reliability, to satisfy these standards 
at a geographical level defined by the coverage area of a Public Safety 
Answering Point (PSAP). On March 25, 2008, the United States Court of 
Appeals for the District of Columbia Circuit (Court) stayed the 
Location Accuracy Order.
    On July 14, 2008, APCO and the National Emergency Number 
Association (NENA) filed an ex parte letter addressing handset-based 
and network-based location accuracy criteria, stating that they ``are 
now willing to accept compliance measurements at the county level'' 
rather than at the PSAP level, and that ``[p]ublic safety and wireless 
carriers are in current discussions on a number of other issues 
associated with E9-1-1.''
    On July 31, 2008, the Commission filed with the Court a Motion for 
Voluntary Remand and Vacatur, which requested remand based on the 
proposals contained in the July 14 ex parte letter and ``[i]n light of 
the public safety community's support for revised rules.'' Following 
this filing with the Court, NENA, APCO, Verizon Wireless, Sprint Nextel 
Corporation, and AT&T submitted written ex parte letters with the 
Commission with proposed new wireless E911 rules. Taken together, these 
proposals reflect agreement among those parties for new E911 accuracy 
requirements for both handset-based and network-based technologies, in 
order to achieve E911 accuracy compliance at the county-level. The 
parties also offer plans to convene industry groups to address related 
E911 issues, and AT&T included a proposal reflecting agreement on 
carrier provision of confidence and uncertainty data to PSAPs. Copies 
of all relevant ex parte submissions are included in the Attachment to 
this document.
    We therefore seek comment on the proposed changed accuracy 
requirements, including the benchmarks, limitations, and exclusions 
noted therein, for handset-based and network-based location 
technologies. We also invite views on the pledges to convene industry 
groups to explore related issues, and whether we should require the 
provision of confidence and uncertainty data. In sum, by this Public 
Notice, the Public Safety and Homeland Security Bureau seeks comment on 
all of these proposals as well as any alternative modifications to 
location accuracy requirements. The Bureau urges all interested parties 
to review the entirety of the above-referenced ex parte letters.
    We also seek comment on the attached Initial Regulatory Flexibility 
Analysis in connection with the proposals described.
    This action is taken under delegated authority pursuant to Sections 
0.191 and 0.392 of the Commission's rules, 47 CFR 0.191, 0.392.
    This abbreviated comment cycle is appropriate given the compelling 
public interest in achieving accurate and reliable E911 location 
information.
    Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies. Comments filed through 
the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic 
submission must be filed. If multiple docket or rulemaking numbers 
appear in the caption of the proceeding, commenters must transmit one 
electronic copy of the comments to each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket or rulemaking numbers. All filings 
concerning this Public Notice should refer to PS Docket No. 07-114. 
Parties may also submit an electronic comment by Internet e-mail. To 
get filing instructions for e-mail comments, commenters 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. Parties who choose to file by paper must file an 
original and four copies of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, commenters 
must submit two additional copies for each additional docket or 
rulemaking number.
    Paper 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). Parties are strongly encouraged to

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file comments electronically using the Commission's ECFS.
    The Commission's contractor 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 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, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554. Parties shall 
also serve one copy with the Commission's copy contractor, Best Copy 
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, (202) 488-5300, or via e-mail to 
[email protected].
    Documents in PS Docket No. 07-114 will be available for public 
inspection and copying during business hours at the FCC Reference 
Information Center, Portals II, 445 12th St., SW., Room CY-A257, 
Washington, DC 20554. The documents may also be purchased from BCPI, 
telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, 
e-mail [email protected].
    To request materials in accessible formats for people with 
disabilities (braille, large print, electronic files, audio format), 
send an e-mail to [email protected] or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentations must contain summaries of the substance 
of the presentations and not merely a listing of the subjects 
discussed. More than a one- or two-sentence description of the views 
and arguments presented generally is required. Other requirements 
pertaining to oral and written presentations are set forth in section 
1.1206(b) of the Commission's rules.
    This document contains proposed new information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. 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.''

Initial Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact of the proposal described in the attached Public Notice 
on small entities. Written public comments are requested on this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments in the Public Notice. The Commission will 
send a copy of the Public Notice, including this IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration (SBA). In 
addition, the Notice and IRFA (or summaries thereof) will be published 
in the Federal Register.

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

    2. The Public Notice seeks comments broadly on a proposal recently 
submitted by APCO, NENA, AT&T, Sprint Nextel Corporation, and Verizon 
Wireless, and on any other alternative approaches, to best ensure that 
public safety answering points (PSAPs) receive location information 
that is as accurate as possible for all wireless E911 calls. APCO, 
NENA, AT&T, Sprint Nextel Corporation, and Verizon Wireless propose 
requiring measurement of location accuracy compliance at the county 
level rather than PSAP level; certain modifications to the Phase II 
location accuracy requirements set forth in 47 CFR 20.18(h); provision 
for testing to establish baseline confidence and uncertainty levels in 
a county; and stakeholder-based consultation to explore such E911-
related issues as possible approaches for assessing wireless 911 
location accuracy for calls originating indoors; updated outdoor and 
indoor accuracy measurement methodologies, testing of emerging 
technology claims; E911 responsibilities in an open-access environment, 
and the development of hybrid network aGPS technologies.

B. Legal Basis

    3. The legal basis for any action that may be taken pursuant to 
this Public Notice is contained in Sections 4(i) and 332 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 332.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Would Apply

    4. 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 proposed rules. 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 the Small Business 
Act. A small business concern is one which: (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).
    5. Nationwide, there are a total of approximately 22.4 million 
small businesses, according to SBA data. A ``small organization'' is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.'' Nationwide, as of 
2002, there were approximately 1.6 million small organizations. The 
term ``small governmental jurisdiction'' is defined generally as 
``governments of cities, towns, townships, villages, school districts, 
or special districts, with a population of less than fifty thousand.'' 
Census Bureau data for 2002 indicate that there were 87,525 local 
governmental jurisdictions in the United States. We estimate that, of 
this total, 84,377 entities were ``small governmental jurisdictions.'' 
Thus, we estimate that most governmental jurisdictions are small.
1. Telecommunications Service Entities
a. Wireless Telecommunications Service Providers
    6. Pursuant to 47 CFR 20.18(a), the Commission's 911 Service 
requirements are only applicable to Commercial Mobile Radio Service 
(CMRS) ``[providers], excluding mobile satellite service operators, to 
the extent that they: (1) Offer real-time, two way switched

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voice service that is interconnected with the public switched network; 
and (2) Utilize an in-network switching facility that enables the 
provider to reuse frequencies and accomplish seamless hand-offs of 
subscriber calls. These requirements are applicable to entities that 
offer voice service to consumers by purchasing airtime or capacity at 
wholesale rates from CMRS licensees.''
    7. Below, for those services subject to auctions, we note that, as 
a general matter, the number of winning bidders that qualify as small 
businesses at the close of an auction does not necessarily represent 
the number of small businesses currently in service. Also, the 
Commission does not generally track subsequent business size unless, in 
the context of assignments or transfers, unjust enrichment issues are 
implicated.
    8. Cellular Licensees. The SBA has developed a small business size 
standard for wireless firms within the broad economic census category 
``Cellular and Other Wireless Telecommunications.'' Under this SBA 
category, a wireless business is small if it has 1,500 or fewer 
employees. For the census category of Cellular and Other Wireless 
Telecommunications, Census Bureau data for 2002 show that there were 
1,397 firms in this category that operated for the entire year. Of this 
total, 1,378 firms had employment of 999 or fewer employees, and 19 
firms had employment of 1,000 employees or more. Thus, under this 
category and size standard, the great majority of firms can be 
considered small. Also, according to Commission data, 437 carriers 
reported that they were engaged in the provision of cellular service, 
Personal Communications Service (PCS), or Specialized Mobile Radio 
(SMR) Telephony services, which are placed together in the data. We 
have estimated that 260 of these are small, under the SBA small 
business size standard.
    9. Common Carrier Paging. The SBA has developed a small business 
size standard for wireless firms within the broad economic census 
category, ``Cellular and Other Wireless Telecommunications.'' Under 
this SBA category, a wireless business is small if it has 1,500 or 
fewer employees. For the census category of Paging, Census Bureau data 
for 2002 show that there were 807 firms in this category that operated 
for the entire year. Of this total, 804 firms had employment of 999 or 
fewer employees, and three firms had employment of 1,000 employees or 
more. Thus, under this category and associated small business size 
standard, the majority of firms can be considered small. In the Paging 
Third Report and Order, we developed a small business size standard for 
``small businesses'' and ``very small businesses'' for purposes of 
determining their eligibility for special provisions such as bidding 
credits and installment payments. A ``small business'' is an entity 
that, together with its affiliates and controlling principals, has 
average gross revenues not exceeding $15 million for the preceding 
three years. Additionally, a ``very small business'' is an entity that, 
together with its affiliates and controlling principals, has average 
gross revenues that are not more than $3 million for the preceding 
three years. The SBA has approved these small business size standards. 
An auction of Metropolitan Economic Area licenses commenced on February 
24, 2000, and closed on March 2, 2000. Of the 985 licenses auctioned, 
440 were sold. Fifty-seven companies claiming small business status 
won. Also, according to Commission data, 375 carriers reported that 
they were engaged in the provision of paging and messaging services. Of 
those, we estimate that 370 are small, under the SBA-approved small 
business size standard.
    10. Wireless Telephony. Wireless telephony includes cellular, 
personal communications services (PCS), and specialized mobile radio 
(SMR) telephony carriers. As noted earlier, the SBA has developed a 
small business size standard for ``Cellular and Other Wireless 
Telecommunications'' services. Under that SBA small business size 
standard, a business is small if it has 1,500 or fewer employees. 
According to Commission data, 445 carriers reported that they were 
engaged in the provision of wireless telephony. We have estimated that 
245 of these are small under the SBA small business size standard.
    11. Broadband Personal Communications Service. The broadband 
Personal Communications Service (PCS) spectrum is divided into six 
frequency blocks designated A through F, and the Commission has held 
auctions for each block. The Commission defined ``small entity'' for 
Blocks C and F as an entity that has average gross revenues of $40 
million or less in the three previous calendar years. For Block F, an 
additional classification for ``very small business'' was added and is 
defined as an entity that, together with its affiliates, has average 
gross revenues of not more than $15 million for the preceding three 
calendar years.'' These standards defining ``small entity'' in the 
context of broadband PCS auctions have been approved by the SBA. No 
small businesses, within the SBA-approved small business size standards 
bid successfully for licenses in Blocks A and B. There were 90 winning 
bidders that qualified as small entities in the Block C auctions. A 
total of 93 small and very small business bidders won approximately 40 
percent of the 1,479 licenses for Blocks D, E, and F. On March 23, 
1999, the Commission re-auctioned 347 C, D, E, and F Block licenses. 
There were 48 small business winning bidders. On January 26, 2001, the 
Commission completed the auction of 422 C and F Broadband PCS licenses 
in Auction No. 35. Of the 35 winning bidders in this auction, 29 
qualified as ``small'' or ``very small'' businesses. Subsequent events, 
concerning Auction 35, including judicial and agency determinations, 
resulted in a total of 163 C and F Block licenses being available for 
grant.
    12. Narrowband Personal Communications Services. To date, two 
auctions of narrowband personal communications services (PCS) licenses 
have been conducted. For purposes of the two auctions that have already 
been held, ``small businesses'' were entities with average gross 
revenues for the prior three calendar years of $40 million or less. 
Through these auctions, the Commission has awarded a total of 41 
licenses, out of which 11 were obtained by small businesses. To ensure 
meaningful participation of small business entities in future auctions, 
the Commission has adopted a two-tiered small business size standard in 
the Narrowband PCS Second Report and Order. A ``small business'' is an 
entity that, together with affiliates and controlling interests, has 
average gross revenues for the three preceding years of not more than 
$40 million. A ``very small business'' is an entity that, together with 
affiliates and controlling interests, has average gross revenues for 
the three preceding years of not more than $15 million. The SBA has 
approved these small business size standards. In the future, the 
Commission will auction 459 licenses to serve Metropolitan Trading 
Areas (MTAs) and 408 response channel licenses. There is also one 
megahertz of narrowband PCS spectrum that has been held in reserve and 
that the Commission has not yet decided to release for licensing. The 
Commission cannot predict accurately the number of licenses that will 
be awarded to small entities in future auctions. However, four of the 
16 winning bidders in the two previous narrowband PCS auctions were 
small businesses, as that term was defined. The Commission assumes, for 
purposes of this analysis that a large portion of the remaining 
narrowband

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PCS licenses will be awarded to small entities. The Commission also 
assumes that at least some small businesses will acquire narrowband PCS 
licenses by means of the Commission's partitioning and disaggregation 
rules.
    13. Rural Radiotelephone Service. The Commission has not adopted a 
size standard for small businesses specific to the Rural Radiotelephone 
Service. A significant subset of the Rural Radiotelephone Service is 
the Basic Exchange Telephone Radio System (BETRS). The Commission uses 
the SBA's small business size standard applicable to ``Cellular and 
Other Wireless Telecommunications,'' i.e., an entity employing no more 
than 1,500 persons. There are approximately 1,000 licensees in the 
Rural Radiotelephone Service, and the Commission estimates that there 
are 1,000 or fewer small entity licensees in the Rural Radiotelephone 
Service that may be affected by the rules and policies adopted herein.
    14. Air-Ground Radiotelephone Service. The Commission has not 
adopted a small business size standard specific to the Air-Ground 
Radiotelephone Service. We will use SBA's small business size standard 
applicable to ``Cellular and Other Wireless Telecommunications,'' i.e., 
an entity employing no more than 1,500 persons. There are approximately 
100 licensees in the Air-Ground Radiotelephone Service, and we estimate 
that almost all of them qualify as small under the SBA small business 
size standard.
    15. Offshore Radiotelephone Service. This service operates on 
several UHF television broadcast channels that are not used for 
television broadcasting in the coastal areas of states bordering the 
Gulf of Mexico. There are presently approximately 55 licensees in this 
service. We are unable to estimate at this time the number of licensees 
that would qualify as small under the SBA's small business size 
standard for ``Cellular and Other Wireless Telecommunications'' 
services. Under that SBA small business size standard, a business is 
small if it has 1,500 or fewer employees.
b. International Service Providers
    16. The Commission has not developed a small business size standard 
specifically for providers of international service. The appropriate 
size standards under SBA rules are for the two broad census categories 
of ``Satellite Telecommunications'' and ``Other Telecommunications.'' 
Under both categories, such a business is small if it has $13.5 million 
or less in average annual receipts.
    17. The first category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing point-to-point 
telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' For this category, Census 
Bureau data for 2002 show that there were a total of 371 firms that 
operated for the entire year. Of this total, 307 firms had annual 
receipts of under $10 million, and 26 firms had receipts of $10 million 
to $24,999,999. Consequently, we estimate that the majority of 
Satellite Telecommunications firms are small entities that might be 
affected by our action.
    18. The second category of Other Telecommunications ``comprises 
establishments primarily engaged in (1) providing specialized 
telecommunications applications, such as satellite tracking, 
communications telemetry, and radar station operations; or (2) 
providing satellite terminal stations and associated facilities 
operationally connected with one or more terrestrial communications 
systems and capable of transmitting telecommunications to or receiving 
telecommunications from satellite systems.'' For this category, Census 
Bureau data for 2002 show that there were a total of 332 firms that 
operated for the entire year. Of this total, 303 firms had annual 
receipts of under $10 million and 15 firms had annual receipts of $10 
million to $24,999,999. Consequently, we estimate that the majority of 
Other Telecommunications firms are small entities that might be 
affected by our action.
c. Equipment Manufacturers
    19. Wireless Communications Equipment Manufacturing. The Census 
Bureau defines this category as follows: ``This industry comprises 
establishments primarily engaged in manufacturing radio and television 
broadcast and wireless communications equipment. Examples of products 
made by these establishments are: transmitting and receiving antennas, 
cable television equipment, GPS equipment, pagers, cellular phones, 
mobile communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has developed a small business size 
standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: all such firms having 
750 or fewer employees. According to Census Bureau data for 2002, there 
were a total of 1,041 establishments in this category that operated for 
the entire year. Of this total, 1,010 had employment of under 500, and 
an additional 13 had employment of 500 to 999. Thus, under this size 
standard, the majority of firms can be considered small.
    20. Semiconductor and Related Device Manufacturing. These 
establishments manufacture ``computer storage devices that allow the 
storage and retrieval of data from a phase change, magnetic, optical, 
or magnetic/optical media.'' The SBA has developed a small business 
size standard for this category of manufacturing; that size standard is 
500 or fewer employees. According to Census Bureau data for 1997, there 
were 1,082 establishments in this category that operated for the entire 
year. Of these, 987 had employment of under 500, and 52 establishments 
had employment of 500 to 999.
    21. Computer Storage Device Manufacturing. These establishments 
manufacture ``computer storage devices that allow the storage and 
retrieval of data from a phase change, magnetic, optical, or magnetic/
optical media.'' The SBA has developed a small business size standard 
for this category of manufacturing; that size standard is 1,000 or 
fewer employees. According to Census Bureau data for 1997, there were 
209 establishments in this category that operated for the entire year. 
Of these, 197 had employment of under 500, and eight establishments had 
employment of 500 to 999.

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

    22. The Public Notice seeks comment broadly on APCO, NENA, AT&T, 
Sprint Nextel Corporation, and Verizon Wireless' proposals, and on any 
other alternative approaches, to best ensure that public safety 
answering points (PSAPs) receive location information that is as 
accurate as possible for all wireless E911 calls. APCO, NENA, AT&T, 
Sprint Nextel Corporation, and Verizon Wireless propose requiring 
measurement of location accuracy compliance at the county level rather 
than PSAP level; certain modifications to the compliance levels set 
forth in rules section 20.18(h).

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, 
specifically

[[Page 55477]]

small business 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) and exemption from 
coverage of the rule, or any part thereof, for small entities.''
    24. The Public Notice seeks comment on the relative merits of APCO, 
NENA, AT&T, Sprint Nextel Corporation, and Verizon Wireless' proposals. 
To assist in the analysis, commenters are requested to provide 
information regarding how small entities would be affected if the 
Commission were to adopt APCO, NENA, AT&T, Sprint Nextel Corporation, 
and Verizon Wireless' proposals, or any alternative proposals offered 
by other commenters. Commenters should also provide information on 
alternative approaches to alleviate any potential burdens on small 
entities.

Federal Communications Commission.
Thomas J. Beers,
Division Chief, Policy Public Safety and Homeland Security Bureau.
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[FR Doc. E8-22645 Filed 9-24-08; 8:45 am]
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