[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Rules and Regulations]
[Pages 19582-19584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07723]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 9

[PS Docket No. 07-114; FCC 20-98; FR ID 21092]


Wireless E911 Location Accuracy Requirements

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of compliance date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved information collections 
associated with certain rules adopted in the Wireless E911 Location 
Accuracy Requirements proceeding. The Commission also announces that 
compliance with the rules is now required. The Commission also removes 
paragraphs advising that compliance was not required until OMB approval 
was obtained. This document is consistent with the 2020 Sixth Report 
and Order and rules, which state the Commission will publish a document 
in the Federal Register announcing a compliance date for the rule 
sections and revise the rules accordingly.

DATES: 
    Effective date: This rule is effective April 14, 2021.
    Compliance dates: Compliance with 47 CFR 9.10(i)(2)(ii)(J)(4), 
(i)(4)(iv) and (v), (j)(4), and (k) published at 85 FR 53234 on 
September 28, 2020, and corrected at 85 FR 70500 on November 5, 2020, 
is required April 14, 2021.

FOR FURTHER INFORMATION CONTACT: John A. Evanoff, Deputy Chief, Policy 
and Licensing Division, Public Safety and Homeland Security Bureau, at 
(202) 418-0848, or email: [email protected].

SUPPLEMENTARY INFORMATION: This document announces that OMB approved 
the information collection requirements in 47 CFR 9.10(i)(2)(ii)(J)(4), 
(i)(4)(iv) and (v), (j)(4), and (k).
    The Commission publishes this document as an announcement of the 
compliance date of the rules. If you have any comments on the burden 
estimates listed below, or how the Commission can improve the 
collections and reduce any burdens caused thereby, please contact 
Nicole Ongele, Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554, regarding OMB Control Numbers 3060-1210. Please 
include the relevant OMB Control Number in your correspondence. The 
Commission will also accept your comments via the internet if you send 
them to [email protected].
    To request materials in accessible formats for people with 
disabilities (braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received OMB approval on 
April 9, 2021, for the information collection requirements contained in 
the Commission's rules at 47 CFR 9.10(i)(2)(ii)(J)(4), (i)(4)(iv) and 
(v), (j)(4), and (k).
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1210.
    OMB Approval Date: April 9, 2021.
    OMB Expiration Date: April 30, 2024.
    Title: Wireless E911 Location Accuracy Requirements (PS Docket No. 
07-114).
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit, State, Local or Tribal 
Government, and Federal Government.
    Number of Respondents and Responses: 4,567 respondents; 35,531 
responses.
    Estimated Time per Response: 2-10 hours.
    Frequency of Response: Recordkeeping, on occasion; one-time; 
quarterly and semi-annual reporting requirements, and third-party 
disclosure requirements.
    Obligation to Respond: Statutory authority for this information 
collection is contained in 47 U.S.C. 1, 2, 4(i), 7, 10, 201, 214, 222, 
251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 309(j)(3), 
316, 316(a), and 332 of the Communications Act of 1934, as amended.
    Total Annual Burden: 139,461 hours.
    Total Annual Cost: No Cost.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: The Commission is requesting 
that respondents submit confidential information to the Commission in 
the context of the test bed. Nationwide Commercial Mobile Radio Service 
(CMRS) providers must make data from the test bed available to small 
and regional CMRS providers so that the smaller providers can deploy 
technology throughout their networks that is consistent with a 
deployment that was successfully tested in the test bed. CMRS providers 
also may request confidential treatment of live 911 call data reports, 
but the Commission reserves the right to release aggregate or 
anonymized data on a limited basis to facilitate compliance with its 
rules.
    Needs and Uses: This notice pertains to multiple information 
collections relating to the Commission's wireless E911 indoor location 
accuracy regulations. As described below, OMB previously approved the 
information collections associated with OMB Control No 3060-1210. This 
notice announces OMB approval of information collections adopted 
pursuant to the Sixth Report and Order. Section 9.10(i)(4)(iv) requires 
all CMRS providers to certify ``that neither they nor any third party 
they rely on to obtain dispatchable location information will use 
dispatchable location information or associated data for any non-911 
purpose, except with prior express consent or as otherwise required by 
law.'' In addition, ``[t]he certification must state that CMRS 
providers and any third party they rely on to obtain dispatchable 
location information will implement measures sufficient to safeguard 
the privacy and security of dispatchable location information.'' Under 
47 CFR 9.10(i)(4)(v), all CMRS providers must certify ``that neither 
they nor any third party they rely on to obtain z-axis information will 
use z-axis information or associated data for any non-911 purpose, 
except with prior express consent or as otherwise required by law.'' 
Further, ``[t]he certification must state that CMRS providers and any 
third

[[Page 19583]]

party they rely on to obtain z-axis information will implement measures 
sufficient to safeguard the privacy and security of z-axis location 
information.'' The Commission obtained OMB approval for the information 
collections contained in these certifications after adopting the Fourth 
Report and Order and Fifth Report and Order under OMB Control No. 3060-
1210. The Sixth Report and Order modified these information collections 
slightly by deleting references to the National Emergency Address 
Database (NEAD), which has been discontinued and will not be available 
to CMRS providers. The Commission does not expect these changes to the 
certification requirements to result in any increase or decrease in the 
burden estimates for these collections as previously approved by OMB.
    Section 9.10(i)(3)(ii) requires CMRS providers that serve any of 
the six Test Cities identified by ATIS (Atlanta, Denver/Front Range, 
San Francisco, Philadelphia, Chicago, and Manhattan Borough of New York 
City) or portions thereof to collect and report aggregate data on the 
location technologies used for live 911 calls. In 2018, the Commission 
developed a reporting template to assist CMRS providers in collecting, 
formatting, and submitting aggregate live 911 call data in accordance 
with the requirements in the rules. After adopting the Fifth Report and 
Order, the Commission indicated that it would modify the live call 
template to include vertical location. The Commission has now modified 
the form to include z-axis (vertical) location information from live 
calls in addition to horizontal location information. Specifically, the 
form now includes fields for reporting the percentage of total 911 
calls that result in dispatchable location or z-axis location 
information by morphology and position technology and for reporting z-
axis deployment options used for 911 calls.
    Section 9.10(j)(4) requires CMRS providers to supply confidence and 
uncertainty (C/U) information with wireless E911 calls that have 
dispatchable location or z-axis information and to do so in accordance 
with the timelines for vertical location accuracy compliance. As noted 
below, OMB previously approved and renewed a C/U data requirement for 
horizontal location information under OMB Control No. 3060-1204. (See 
also OMB Control No. 3060-1147.) The Fifth Report and Order extended 
the C/U requirements to include vertical location information, and OMB 
approved that modification. The Sixth Report and Order revised 47 CFR 
9.10(j)(4) to add a requirement that where floor-level information is 
available to CMRS providers, they must provide C/U data for the z-axis 
(vertical) information included with such floor-level information.
    Under Section 9.10(k), CMRS providers must record information on 
all live 911 calls, including the C/U data that they provide to PSAPs 
under Section 9.10(j) of the rules. In addition, Section 9.10(k) 
requires CMRS providers to make this information available to PSAPs 
upon request and to retain it for a period of two years. The Commission 
obtained OMB approval for the information collections contained in 
Section 9.10(k) after adopting the Fourth Report and Order. The Sixth 
Report and Order amended Section 9.10(k) to make explicit that the 
requirements in the rule extend to C/U data for dispatchable location 
and floor-level information, as well as for z-axis information. This 
eliminated a potential gap in the rule, which previously referred only 
to z-axis information.
    Section 9.10(i)(2)(ii)(J)(4) provides that a CMRS provider will be 
deemed to have met its z-axis technology deployment obligation so long 
as it either pre-installs or affirmatively pushes the location 
technology to end users so that they receive a prompt or other notice 
informing them that the application or service is available and what 
they need to do to download and enable the technology on their phone. A 
CMRS provider will be deemed in compliance with its z-axis deployment 
obligation if it makes the technology available to the end user in this 
manner even if the end user declines to use the technology or 
subsequently disables it. This is a new collection adopted by the 
Commission in the Sixth Report and Order.

Previously Approved Collections

    Section 9.10(i)(2)(ii)(A) requires that within three years of the 
effective date of the rule, CMRS providers shall deliver uncompensated 
barometric pressure data from any device capable of delivering such 
data to PSAPs. This requirement is necessary to ensure that PSAPs are 
receiving all location information possible to be used for dispatch. 
This requirement is also necessary to ensure that CMRS providers 
implement a vertical location solution in the event that the proposed 
``dispatchable location'' solution does not function as intended by the 
three-year mark and beyond.
    Section 9.10(i)(2)(ii)(B) requires that the four nationwide 
providers submit to the Commission for review and approval a reasonable 
metric for z-axis (vertical) location accuracy no later than 3 years 
from the effective date of rules. This requirement is critical to 
ensure that the vertical location framework adopted in the Fourth 
Report and Order is effectively implemented.
    Section 9.10(i)(2)(iii) requires CMRS providers to certify 
compliance with the Commission's rules at various benchmarks throughout 
implementation of improved location accuracy. This requirement is 
necessary to ensure that CMRS providers remain ``on track'' to reach 
the location accuracy benchmarks.
    Section 9.10(i)(2)(iv) provides that PSAPs may seek Commission 
enforcement of the location accuracy requirements within their 
geographic service area, but only so long as they have implemented 
policies that are designed to obtain all location information made 
available by CMRS providers when initiating and delivering 911 calls to 
the PSAP. Prior to seeking Commission enforcement, a PSAP must provide 
the CMRS provider with 30 days written notice, and the CMRS provider 
shall have an opportunity to address the issue informally. If the issue 
has not been addressed to the PSAP's satisfaction within 90 days, the 
PSAP may seek enforcement relief.
    Section 9.10(i)(3)(i) requires that within 12 months of the 
effective date, the four nationwide CMRS providers must establish the 
test bed described in the Fourth Report and Order, which will validate 
technologies intended for indoor location. The test bed is necessary 
for the compliance certification framework adopted in the Fourth Report 
and Order.
    Section 9.10(i)(3)(ii) requires that beginning 18 months from the 
effective date of the rules, CMRS providers providing service in any of 
the six Test Cities identified by ATIS (Atlanta, Denver/Front Range, 
San Francisco, Philadelphia, Chicago, and Manhattan Borough of New York 
City) or portions thereof must collect and report aggregate data on the 
location technologies used for live 911 calls. Nationwide CMRS 
providers must submit call data on a quarterly basis; non-nationwide 
CMRS providers need only submit this data every six months. Non-
nationwide providers that do not provide service in any of the Test 
Cities may satisfy this requirement by collecting and reporting data 
based on the largest county within the carrier's footprint. This 
reporting requirement is necessary to validate and verify the 
compliance certifications made by CMRS providers.
    The Commission developed a reporting template to assist CMRS 
providers in collecting, formatting, and submitting aggregate live 911 
call data

[[Page 19584]]

in accordance with the requirements in the rules. The template will 
also assist the Commission in evaluating the progress CMRS providers 
have made toward meeting the 911 location accuracy benchmarks. The 
template is an Excel spreadsheet and will be available for downloading 
on the Commission's website. The Commission may also develop an online 
filing mechanism for these reports in the future.
    Section 9.10(i)(3)(iii) requires CMRS providers to retain testing 
and live call data gathered pursuant to this section for a period of 2 
years.
    Section 9.10(i)(4)(i) provides that no later than 18 months from 
the effective date of the adoption of the rule, nationwide CMRS 
providers shall report to the Commission their initial plans for 
meeting the indoor location accuracy requirements of paragraph (i)(2) 
of Section 9.10. Non-nationwide CMRS providers will have an additional 
6 months to submit their implementation plan.
    Section 9.10(i)(4)(ii) requires that no later than 18 months from 
the effective date, each CMRS provider shall submit to the Commission a 
report on its progress toward implementing improved indoor location 
accuracy. Non-nationwide CMRS providers will have an additional 6 
months to submit their progress reports. All CMRS providers shall 
provide an additional progress report no later than 36 months from the 
effective date of the adoption of this rule. The 36-month reports shall 
indicate what progress the provider has made consistent with its 
implementation plan.
    Section 9.10(i)(4)(iii) requires that prior to activation of the 
NEAD but no later than 18 months from the effective date of the 
adoption of this rule, the nationwide CMRS providers shall file with 
the Commission and request approval for a security and privacy plan for 
the administration and operation of the NEAD.
    Section 9.10(i)(4)(iv) requires CMRS providers to certify ``that 
neither they nor any third party they rely on to obtain dispatchable 
location information will use dispatchable location information or 
associated data for any non-911 purpose, except with prior express 
consent or as otherwise required by law.'' In addition, ``[t]he 
certification must state that CMRS providers and any third party they 
rely on to obtain dispatchable location information will implement 
measures sufficient to safeguard the privacy and security of 
dispatchable location information.'' As noted above, the Commission is 
revising this requirement to account for the fact that the NEAD has 
been discontinued.
    Section 9.10(i)(4)(v) requires that prior to use of z-axis 
information to meet the Commission's location accuracy requirements, 
CMRS providers must certify ``that neither they nor any third party 
they rely on to obtain z-axis information will use z-axis information 
or associated data for any non-911 purpose, except with prior express 
consent or as otherwise required by law.'' Further, ``[t]he 
certification must state that CMRS providers and any third party they 
rely on to obtain z-axis information will implement measures sufficient 
to safeguard the privacy and security of z-axis location information.'' 
This requirement is necessary to ensure the privacy and security of any 
personally identifiable information that may be collected by the CMRS 
provider. As noted above, the Commission is revising this requirement 
to account for the fact that the NEAD has been discontinued.
    Section 9.10(j) requires CMRS providers to provide standardized 
confidence and uncertainty (C/U) data for all wireless 911 calls, 
whether from outdoor or indoor locations, on a per-call basis upon the 
request of a PSAP. This requirement makes the use of C/U data easier 
for PSAPs.
    Section 9.10(j)(4) also requires that upon meeting the timeframes 
pursuant to paragraphs (i)(2)(ii)(C) and (D) of this section, CMRS 
providers shall provide with wireless 911 calls that have dispatchable 
location or z-axis (vertical) information the C/U data required under 
paragraph (j)(1) of this section. Where available to the CMRS provider, 
floor level information must be provided with associated C/U data in 
addition to z-axis location information.
    Section 9.10(k) requires CMRS providers to record information on 
all live 911 calls, including but not limited to the positioning source 
method used to provide a location fix associated with the call, as well 
as confidence and uncertainty data. This information must be made 
available to PSAPs upon request, as a measure to promote transparency 
and accountability for this set of rules.

List of Subjects in 47 CFR Part 9

    Communications common carriers, Communications equipment, Radio.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 9 as follows:

PART 9--911 REQUIREMENTS

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 47 U.S.C. 151-154, 152(a), 155(c), 157, 160, 201, 
202, 208, 210, 214, 218, 219, 222, 225, 251(e), 255, 301, 302, 303, 
307, 308, 309, 310, 316, 319, 332, 403, 405, 605, 610, 615, 615 
note, 615a, 615b, 615c, 615a-1, 616, 620, 621, 623, 623 note, 721, 
and 1471, unless otherwise noted.


Sec.  9.10  [Amended]

0
2. Amend Sec.  9.10 by removing paragraph (s).

[FR Doc. 2021-07723 Filed 4-12-21; 4:15 pm]
BILLING CODE 6712-01-P