Enhanced 911 Emergency Calling Systems

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102: FCC 96-264]

Enhanced 911 Emergency Calling Systems

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission adopts a Report and Order and Further Notice of

Proposed Rulemaking regarding the availability of the advanced

emergency capabilities of E911 systems to wireless service providers

and customers. The Report and Order portion of this decision is

summarized elsewhere in this issue of the Federal Register. The Further

Notice of Proposed Rulemaking (FNPRM) seeks comment on a variety of

relevant issues. The Commission also tentatively concludes that covered

carriers should continue to upgrade and improve 911 service to increase

its accuracy, availability, and reliability, and that a consumer

education program should be initiated to inform the public of the

capabilities and limitations of 911 service. This action is taken to

ensure that E911 system performance keeps pace with the latest

technologies.

DATES: Comments are due on or before August 26, 1996, and reply

comments are due on or before September 10, 1996. Written comments by

the public on the proposed and/or modified information collections are

due by August 26, 1996. Written comments must be submitted by the

Office of Management and Budget (OMB) on the proposed and/or modified

information collections on or before October 1, 1996.

ADDRESSES: Federal Communications Commission, Washington, D.C. 20554.

In addition to filing comments with the Secretary, a copy of any

comments on the information collections contained herein should be

submitted to Dorothy Conway, Federal Communications Commission, Room

234, 1919 M Street, N.W., Washington, DC 20554, or via the

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Internet to [email protected], and to Timothy Fair, OMB Desk Officer,

10236 NEOB, 725--17th Street, N.W., Washington, DC 20503, or via the

Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Peter Wolfe, Wireless

Telecommunications Bureau (202) 418-1310. For additional information

concerning the information collections contained in this FNPRM, contact

Dorothy Conway at 202-418-0217, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Further Notice of

Proposed Rulemaking segment of the Report and Order and Further Notice

of Proposed Rulemaking in CC Docket No. 94-102, FCC 96-264, adopted

June 12, 1996, and released July 26, 1996. The Report and Order portion

of this decision is summarized elsewhere in this edition of the Federal

Register. The complete text of this decision is available for

inspection and copying during normal business hours in the FCC

Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C., and

also may be purchased from the Commission's copy contractor,

International Transcription Service, (202) 857-3800, 2100 M Street,

NW., Suite 140, Washington, DC 20037. This FNPRM contains proposed or

modified information collections subject to the Paperwork Reduction Act

of 1995 (PRA). It has been 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 proposed or

modified information collections contained in this proceeding.

Synopsis of Further Notice of Proposed Rulemaking

1. In this Report and Order and Further Notice of Proposed

Rulemaking, the Commission takes several important steps to foster

major improvements in the quality and reliability of 911 services

available to the customers of wireless telecommunications service

providers. The Notice of Proposed Rulemaking initiating this proceeding

may be found at 59 FR 54878, November 2, 1994. The Commission issues

the FNPRM to develop additional means of ensuring that improvements

made possible by technological advances are incorporated into E911

systems. The FNPRM portion of the decision represents the Commission

desire to ensure continuity of our dedication to new and innovative 911

services by seeking comment on further refinements of the Commission's

wireless 911 rules.

2. The FNPRM first seeks comment on possible approaches to avoid

customer confusion that could be generated by a system under which

customers in the same geographic area may or may not be able to

complete non-code identification 1 911 calls depending upon the

practices of the various Public Safety Answering Points (PSAPs) serving

that area. Specifically, the Commission requests comment regarding

whether, within a reasonable time after the one-year period, PSAPs

should no longer have the option to refuse to accept non-code

identification 911 calls. Thus, covered carriers would be obligated to

transmit all 911 calls to PSAPs.

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\1\ The term ``non-code identification,'' when used in this

decision in conjunction with 911 calls, means (1) in the case of

calls transmitted over the facilities of a covered carrier other

than a Specialized Mobile Carrier that is subject to the

requirements of this Order, a call originated from a mobile unit

which does not have a Mobile Identification Number (MIN); and (2) in

the case of calls transmitted over the facilities of a Specialized

Mobile Carrier that is subject to the requirements of this Order, a

call originated from a mobile unit that does not have the functional

equivalent of a MIN.

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3.The Commission next tentatively concludes that covered carriers

should continue to upgrade and improve 911 service to increase its

accuracy, availability, and reliability, while also recognizing that

our rules should ensure that covered carriers' development and

application of new technologies for E911 services also contribute to

the overall quality of service and range of services that carriers

provide to all their customers. These efforts will ensure that the

public benefits from technological innovations, through the application

of those innovations to public safety needs.

4. The Commission seeks comment on a range of related issues,

including the following: (1) Should covered carriers provide PSAPs

information that locates a wireless 911 caller within a radius of 40

feet, using longitude, latitude, and altitude data, and that provides

this degree of accuracy for 90 percent of the 911 calls processed? (2)

Should wireless service providers be required to supply location

information to the PSAP regarding a 911 caller within a certain number

of seconds after the 911 call is made? (3) Should wireless service

providers be required to update this location information throughout

the duration of the call? (4) What steps could be taken to enable 911

calls to be completed or serviced by mobile radio systems regardless of

the availability (in the geographic area in which a mobile user seeks

to place a 911 call) of the system or technology utilized by the user's

wireless service?

5. The Commission also tentatively concludes that a consumer

education program should be initiated to inform the public of the

capabilities and limitations of 911 service, and we seek comment

regarding the scope of such a program and carrier obligations that

could be established in connection with such a program. One purpose of

such a program would be to address a concern that consumers currently

may not have a sufficient understanding of technological limitations

that can impede transmission of wireless 911 calls and the delivery of

emergency assistance.

Administrative Matters

6. Pursuant to applicable procedures set forth in Sections 1.415

and 1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested

parties may file comments on or before August 26, 1996, and reply

comments on or before September 10, 1996. To file formally in this

proceeding, you must file an original plus four copies of all comments,

reply comments, and supporting comments. If you want each Commissioner

to receive a personal copy of your comments, you must file an original

plus nine copies. You should send comments and reply comments to Office

of the Secretary, Federal Communications Commission, Washington, D.C.

20554. Comments and reply comments will be available for public

inspection during regular business hours in the FCC Reference Center

(Room 239), 1919 M Street, N.W., Washington, D.C. 20554.

7. This is a non-restricted notice and comment rulemaking

proceeding. Ex parte presentations are permitted, except during the

Sunshine Agenda period, provided they are disclosed as provided in the

Commission Rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a).

Paperwork Reduction Act

8. This FNPRM contains either a proposed or modified information

collection. The Commission, as part of its continuing effort to reduce

paperwok burdens, invites the general public and the Office of

Management and Budget (OMB) to comment on the information collections

contained in this FNPRM, as required by the Paperwork Reduction Act of

1995, Public Law No. 104-13. Public and agency comments are due at the

same time as other comments on this FNPRM; OMB notification of action

is due October 1, 1996. Comments should address: (a) whether the

proposed collection of information is

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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.

OMB Approval Number:

Title: Consumer Education Concerning Wireless 911.

Form No.:

Type of Review: New collection.

Respondents: Cellular, broadband PCS, and certain SMR carriers

subject to the proposed rule.

Number of Respondents: 2,500.

Estimated Time Per Response: 30 Minutes--1 Hour.

Total Annual Burden: 1,562.5 Hours.

Needs and Uses: The information will be used by consumers to

determine rationally and accurately the scope of their options in

accessing 911 services from mobile handsets.

Initial Regulatory Flexibility Act Statement

9. As required by Section 603 of the Regulatory Flexibility Act,

the Commission has prepared an Initial Regulatory Flexibility Analysis

(IRFA) of the expected impact on small entities of the proposals

suggested in this document. Written public comments are requested on

the IRFA. These comments must be filed in accordance with the same

filing deadlines as comments on the rest of this Further Notice of

Proposed Rulemaking, but they must have a separate and distinct heading

designating them as responses to the Initial Regulatory Flexibility

Analysis. The Secretary shall send a copy of this Further Notice of

Proposed Rulemaking, including the Initial Regulatory Flexibility

Analysis, to the Chief Counsel for Advocacy of the Small Business

Administration in accordance with paragraph 603(a) of the Regulatory

Flexibility Act. Public Law No. 96-354, 94 Stat. 1164, 5 U.S.C. Section

601 et seq. (1981).

Initial Regulatory Flexibility Analysis For Further Notice of Proposed

Rulemaking

I. Reason for Action

10. This FNPRM responds to the petition submitted by the Ad Hoc

Alliance for Public Access to 911 to amend the Commission's Rules to

require that all newly constructed mobile and portable units be

equipped to select the strongest signal whenever a 911 call is placed.

Telephone stations for wireless services are not adequately identifying

caller location to permit a timely response by emergency services

personnel and are not providing 911 service for all caller locations.

II. Objectives and Legal Basis for Proposed Rules

11. One objective of this FNPRM is to collect additional

information on the technical issues related to the improvement of

wireless E911 services, including higher accuracy standards for the

Automatic Location Identification (ALI), a latency period requirement,

and the provision of 911 services without interruption where one

wireless provider does not provide complete area coverage. Another

objective is to collect information with respect to informing consumers

what their wireless phones can and cannot do. A third objective is to

determine whether all 911 calls should be transmitted without any

preconditions.

12. The proposed action is authorized under Sections 1, 4(i), 201,

208, 215, 303, 309 of the Communications Act of 1934, as amended, 47

U.S.C. 151, 154(i), 201, 208, 215, 303, 309.

III. Description and Estimate of Small Entities Subject to the Rules

13. The proposed changes in the regulations will apply to providers

of cellular, broadband PCS, and geographic area 800 MHz and 900 MHz

specialized mobile radio services, including licensees who have

extended implementation authorizations in the 800 MHz or 900 MHz SMR

services, either by waiver or under Section 90.629 of the Commission's

Rules. However, the rule will apply to SMR licensees only if they offer

real-time, two-way voice service that is interconnected with the public

switched network.

14. In the full text of this decision, we have estimated the number

of small entities for each category, or else stipulated that all

providers are small entities where we were unable to make an estimate.

We request comment on whether these estimates should be improved or

refined. We especially request comment on the number of small entities

in the categories that we were unable to estimate, i.e., cellular

service providers; PCS service providers in the D, E, and F Blocks; 800

MHz geographic area SMR licensees; and providers of 800 MHz or 900 MHz

geographic area SMR service pursuant to waiver or pursuant to Section

90.629 of our rules.

IV. Reporting, Recordkeeping, and Other Compliance Requirements

15. Commercial mobile radio services will be required to improve

the accuracy and time of the identification of the location of mobile

transmitters and to permit interoperability of their 911 service with

those of their competitors and to provide consumer education materials.

Equipment used for commercial mobile radio services will have to be

capable of providing this information to the local telephone exchanges

to which they are connected. Local telephone exchanges will incur costs

storing and relaying this information to E911 public safety answering

points. We request comment with respect to ways in which these proposed

requirements can be modified to reduce the burden on small entities and

at the same time meet the objectives of this proceeding.

V. Significant Alternatives Considered and Rejected

16. The Commission concluded that it is also necessary to begin the

task of exploring the need for further action to spur improvements in

the features and delivery of the 911 and E911 services. We believe that

continuing involvement of the Commission in developing rules that take

the resources of small businesses into account as well as the public

safety needs are in the public interest. Therefore, the Commission

rejected alternative proposals that the future development of the E911

technologies should be left to the market forces and the industry

without the Commission's involvement.

17. The Commission considered and rejected proposals that the rules

should be expanded to apply to all providers of Commercial Mobile Radio

Services (CMRS) because not all CMRS services are mass market voice

services whose users expect to be able to use them to call 911.

Specifically, the Commission believes that the costs of requiring local

SMR services and 220 MHz licensees operating on 5 kHz channels to

comply with the proposed rules would outweigh the benefits and

application of the proposed rules to them, and would give them an

incentive to eliminate their interconnection to the public network,

which would not be in the public interest. Similarly, because it is not

certain how multilateration Location and Monitoring Service (LMS) will

develop, we concluded that it is premature to propose to require such

licensees to provide E911 at this time. In the future if these wireless

service providers not covered by the current rules develop into a

mobile telephone

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service like cellular or broadband PCS, we may revisit this decision.

18. The Commission considered and rejected proposals to adopt a

specific technology for providing ALI, because we believe that various

technologies are currently under development which can provide more

advanced public safety technology than those that are currently

available. The Commission also considered and rejected proposals to

adopt rules to require a minimum latency period to locate 911 callers

at this time, because the record is insufficient to determine the

technical feasibility and the costs of implementing such requirements,

especially the financial impact on small business entities. The

Commission instead decided to seek comment on these proposals,

including the benefits and feasibility of such requirements.

VI. Federal Rules That Overlap, Duplicate, or Conflict with These

Proposed Rules

19. There are no Federal rules which overlap, duplicate, or

conflict with the rules we are proposing.

List of Subjects in 47 CFR Part 20

Communications common carriers, Federal Communications Commission.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96-19661 Filed 8-1-96; 8:45 am]

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