Wireless Compatibility With Enhanced 911 Emergency Calling Systems

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102, FCC 97-402]

Wireless Compatibility With Enhanced 911 Emergency Calling

Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule, petitions for reconsideration.

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SUMMARY: The Federal Communications Commission has adopted a Memorandum

Opinion and Order in the wireless Enhanced 911 (E911) rulemaking

proceeding, reaffirming its commitment to the rapid implementation of

technologies needed to bring emergency help to wireless callers

throughout the United States. The action is taken to resolve petitions

for reconsideration of the rules adopted in the First Report and Order

concerning the availability of basic 911 services and the

implementation of E911 for wireless telecommunications services. The

primary goal of this proceeding is to ensure that reliable, effective

911 and E911 service is available to wireless users as soon as

technologically possible. The limited revisions to the Commission's

rules adopted in this decision are intended to remedy technical

problems raised in the record. This Memorandum Opinion and Order

contains proposed 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 information collections contained in this proceeding.

EFFECTIVE DATE: The definition of ``designated PSAP'' in Sec. 20.3, and

Secs. 20.18(a), (b), (c), and (g) become effective January 16, 1998.

The remaining rule amendments become effective February 17, 1998.

Written comments on the proposed or modified information collections by

the public are due January 20, 1998. Written comments must be submitted

by the OMB on the proposed information collections on or before

February 10, 1998.

ADDRESSES: A copy of any comments on the information collections

contained herein should be submitted to Judy Boley, Federal

Communications Commission, Room 234, 1919 M Street, N.W., Washington,

D.C. 20554, or via the Internet to [email protected], and to Timothy Fain,

OMB Desk Officer, 10236 NEOB, 725-17th Street, N.W., Washington, D.C.

20503, or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Won Kim or Dan Grosh, Policy Division,

Wireless Telecommunications Bureau, at (202) 418-1310. For additional

information concerning the information collections contained in the

Memorandum Opinion and Order, contact Judy Boley at 202-418-0214, or

via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the memorandum Opinion

and Order (MO&O) in CC Docket No. 94-102, FCC 97-402 , adopted December

1, 1997, and released December 23, 1997. The complete text of this MO&O

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 Services, at (202) 857-3800, 1231 20th

Street, N.W., Washington, D.C. 20036.

Synopsis of the Memorandum Opinion and Order

1. In this MO&O, pursuant to Section 1.429 of the Commission's

Rules,1 the

[[Page 2632]]

Commission made limited revisions to its rules by (1) modifying basic

911 rules to require wireless carriers to transmit all 911 calls

without regard to validation procedures and regardless of code

identification; (2) temporarily suspending enforcement of the

requirement that wireless carriers provide 911 access to customers

using TTY devices until October 1, 1998, but only for digital systems

that are not compatible with TTY calls and subject to a notification

requirement; (3) modifying the definition of ``covered Specialized

Mobile Radio (SMR)'' service for E911 purposes to include only

providers of real-time, two-way interconnected voice service the

networks of which utilize intelligent switching capability and offer

seamless handoff to customers, and to extend this definition to

broadband Personal Communications Services (PCS) and cellular service

as well as SMR providers; and (4) clarifying the Phase I requirement

for call back numbers and modifying associated rule definitions. The

Commission also reemphasized that its 911 rules are intended to be

technology-neutral, and to encourage the most efficient and effective

technologies to report the location of wireless handsets, the most

important E911 feature both for those seeking help in emergencies and

for the public safety organizations that respond to emergency calls.

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\1\ See Section 1.429(b) of the Commission's Rules, 47 CFR

1.429(b).

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2. On June 12, 1996, the Commission adopted a First Report and

Order (R&O) and a Further Notice of Proposed Rulemaking in this

proceeding, establishing rules requiring wireless carriers to implement

911 and enhanced 911 (E911) services. 2 The Commission

received 16 petitions for reconsideration of the R&O. In the MO&O, the

Commission resolved issues raised in the petitions for reconsideration

or clarification of the rules adopted in the R&O.

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\2\ See 61 FR 40348; 61 FR 40374 (August 2, 1996).

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3. For basic 911 services, the MO&O first reviewed the rules that

require wireless carriers to transmit 911 calls from all handsets with

a ``code identification'' without validation and to transmit all 911

calls, even those without code identification, if requested to do so by

a Public Safety Answering Point (PSAP) administrator.3 Based

on the record of this reconsideration proceeding, the Commission

revised the rules by requiring covered carriers to forward all 911

calls, without regard to validation procedures and regardless of code

identification. Accordingly, the Commission deleted the definitions of

``code identification'' and ``mobile identification number'' from the

Commission's Rules. The Commission also eliminated the PSAP choice to

selectively receive wireless 911 calls, while generally reaffirming

basic 911 requirement schedules.

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\3\ ``Code Identification'' was defined in section 20.03 of the

Commission's Rules to mean a handset that transmits the 34-bit

Mobile Identification Number (MIN) typically used by cellular or PCS

licensees, or the functional equivalent of a MIN in the case of SMR

services.

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4. The MO&O also reexamined the requirement that, no later than

October 1, 1997, covered carriers be capable of transmitting 911 calls

from individuals with speech or hearing disabilities through means

other than mobile radio handsets, such as through the use of Text

Telephone Devices (TTYs). Based on the record in the reconsideration

proceeding, the Commission modified the Section 20.18(c) TTY

implementation deadlines for analog wireless systems and digital

wireless systems. For analog systems, the implementation deadline is

December 1, 1997, the expiration of the stay of the rule.4

For digital systems, the Commission decided to temporarily suspend

enforcement of the TTY requirement until October 1, 1998, subject to

conditions that protect consumers, encourage compliance, and ensure

minimal delay.

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\4\ The October 1, 1997 implementation date for section 20.18(c)

of the Commission's Rules was temporarily stayed until November 30,

1997. See Revision of the Commission's Rules To Ensure Compatibility

with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102,

Order, DA 97-2119 (released Sept. 30, 1997).

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5. Under the revised rules, carriers whose digital systems are not

compatible with TTY calls must make every reasonable effort to notify

current and potential subscribers that they will not be able to use

TTYs to call 911 with digital wireless devices and services. In

addition, wireless industry associations and consumer groups are

required to file quarterly progress reports on efforts and achievements

in E911-TTY compatibility, including efforts made to implement the

notification requirements. Based on these quarterly status reports, the

Wireless Telecommunications Bureau, under delegated authority, may

extend the suspension of enforcement of section 20.18(c) for an

additional three months, until January 1, 1999, if necessary.

6. In the MO&O, the Commission concluded that the ``covered SMR''

definition adopted in the R&O is overinclusive with respect to certain

types of SMR systems and should be narrowed to include only those

systems that will directly compete with cellular and PCS in providing

comparable public mobile interconnected service. Accordingly, the

Commission modified its rules to change the definition of ``covered

SMR'' for 911 purposes to include only providers of real-time, two-way

interconnected voice service the network of which utilize intelligent

switching capability and offer seamless handoff to customers, and to

extend this definition to broadband PCS and cellular as well as SMR

providers.

7. In addition, under the revised rules, ``covered'' SMR systems

that offer dispatch services to customers may meet their 911 and E911

obligations to their dispatch customers either by providing customers

with direct access to 911 services, or alternatively, by routing

dispatch customer emergency calls through a dispatcher. A covered

carrier who chooses the latter alternative for its dispatch customers

must make every reasonable effort to explicitly notify current and

potential dispatch customers and their users that they will not be able

to directly reach a PSAP by calling 911 and that, in the event of an

emergency, the dispatcher should be contacted.

8. As to E911 Phase I requirements and implementation schedule, the

Commission upheld its decision to require that, as of April 1, 1998,

covered carriers be able to provide automatic number identification

(ANI) and cell site information for 911 calls to the PSAP. At the same

time, the MO&O clarified carriers' obligations to provide call back

numbers and modified associated rule definitions. With respect to the

call back obligation, the Commission clarified that where the handset's

directory number is not known to the serving carrier, the carrier's

obligations extend only to delivering 911 calls to PSAPs. Therefore,

covered carriers will not be required to provide reliable call back

numbers to PSAPs in the case of mobile units that are not associated

with a dialable telephone number. However, carriers will be expected to

transmit all calling party information that is compatible with their

systems for 911 calls from validated customers.

9. The MO&O also upheld Phase II requirements and the

implementation schedule by clarifying that, as of October 1, 2001,

covered carriers provide to the designated PSAP the location of all 911

calls by longitude and latitude such that the accuracy for all calls is

125 meters or less using a Root Mean Square (RMS) methodology. In

denying petitions for reconsideration of the Phase II implementation

schedule, the Commission concluded that broadband PCS and other digital

system providers had sufficient notice

[[Page 2633]]

to prepare for the implementation of the E911 features and it is not

necessary to delay the October 1, 2001 implementation schedule at this

time. In addition, the Commission reaffirmed that its rules and their

application are intended to be technologically and competitively

neutral.

10. The MO&O also reaffirmed the Commission's decision not to

exempt providers of E911 service from liability for certain negligent

acts, finding that none of the petitioners presents arguments

sufficient to persuade the Commission to modify its determination that

it is unnecessary to exempt providers of E911 service from liability

and to preempt state tort law. Likewise, the Commission reaffirmed the

decision in the R&O not to prescribe a particular E911 cost recovery

methodology. The Commission continued to find no adequate basis on this

record for preemption of the various state and local funding mechanisms

that are in place or under development, or for concluding that state

and local cost recovery mechanisms will be discriminatory or

inadequate.

Paperwork Reduction Act

11. This MO&O contains either proposed or modified information

collections. 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 collections

contained in this MO&O, as required by the Paperwork Reduction Act of

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

January 20, 1998. OMB comments are due on February 10, 1998. Comments

should address: (a) whether the proposed collection of information is

necessary for the proper performance of the functions of the

Commission, including whether the information shall have practical

utility; (2) the accuracy of the Commission's burden estimates; (3)

ways to enhance the quality, utility, and clarity of the information

collected; (4) 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: 3060-xxxx.

Title: Revision of the Commission's Rules to Ensure Compatibility

with Enhanced 911 Emergency Calling System (Memorandum Opinion and

Order, CC Docket 94-102).

Form Number: N/A.

Type of Review: New Collection.

Respondents: Cellular, broadband PCS, and SMR carriers subject to

the modified rules; State and local government entities; Public Safety

Answering Points.

Number of Respondents: 42,031.

Estimated Time Per Response:

a. Two time notification burden on 4,700 PSAPs @ 1 hr per=9,400

hours.

b. Two time response burden on carriers @ 1 hr per=9,400 hours.

c. One time review or establishment of cost recovery program by 375

government entities @ 10 hrs per=3,750 hours.

One time burden for consultation for remaining 125 government

entities using contractors to review and/or establish cost recovery

program @ 1 hr per=125 hours.

d. One time burden for 3,469 digital licensees to place

notification information in digital user manuals or service contracts @

\1/2\ hr per=1,735 hours.

e. One time burden on 3,469 digital licensees to notify existing

digital subscribers @ \1/4\ hr per=868 hours.

f. One time burden on 7 representative organizations to draft

survey for quarterly TTY report @ 1 hr per=7 hours.

Quarterly burden on 7 representative organizations to review survey

results @ 12 hrs per=84 hours.

Quarterly burden on 7 representative organizations to draft joint

quarterly TTY report @ 20 hrs. per=140 hours.

Quarterly burden on 3,469 licensees to respond to survey @ 8 hrs.

per=27,752 hours.

g. One time burden on 31,530 SMR licensees offering direct dispatch

capability to place notification in user manuals and service agreements

@ \1/2\ hour per=15,765 hours.

h. One time burden on 31,530 SMR licensees offering direct dispatch

capability to notify existing customers @ \1/4\ hr per=7,884.

i. One time burden on 35,424 carriers to consult on determining a

designated PSAP @ 1 hr per=35,424 hours.

j. One time burden on 500 government entities to consult with

35,424 carriers in determining a designated PSAP @ 1 hr per=35,424

hours.

k. One time burden on 1,400 telephone systems to consult on

definition of pseudo-ANI @ 3 hr per=4,200 hours.

l. One time burden on 8,500 licensees to prepare a deployment

schedule to accompany a waiver request @ 4 hours per=34,000 hours.

One time burden on 8,500 licensees to consult with a contract

engineer to prepare a deployment schedule to accompany a waiver request

@ 1 hr per=8,500 hours.

Total Annual Burden: 194,457 hours.

Estimated Costs Per Respondent: $7,050,000.

Review and/or establishment of cost recovery program to 125 state

and local entitities using contract CPAs @ $200 per hour=$2000 per

entity.

Preparation of deployment schedule to 8,500 licensees using

contract engineers @ $100 per hour=$800.

Needs and Uses: The notification burden on PSAPs will be used by

carriers to verify that wireless 911 calls are referred to PSAPs who

have the technical capability to use the data to the caller's benefit.

TTY and dispatch notification requirements will be used to avoid

consumer confusion as to the ability to reach 911 services using their

wireless handsets. These notifications will also avoid delays in

emergency response time. The quarterly reports will be used to monitor

the progress of TTY compatibility. Consultations on the specific

meaning assigned to pseudo-ANI are appropriate to ensure that all

parties are working with the same information. Coordination between

carriers and State and local entities to determine the PSAPs that are

appropriate to receive 911 calls is necessary because of the difficulty

in assigning PSAPs based on the location of the caller. The deployment

schedule that should be submitted by carriers seeking a waiver of the

Phase I or Phase II schedule will be used by the Commission to

guarantee that the rules adopted in this proceeding are enforced in as

timely a manner as possible within technological constraints.

Procedural Matters

Supplemental Final Regulatory Flexibility Analysis

12. As required by the Regulatory Flexibility Act, 5 U.S.C. 603

(RFA), a Final Regulatory Flexibility Analysis (FRFA) was incorporated

the E911 First Report and Order in this proceeding. The Commission's

Supplemental Final Regulatory Flexibility Analysis (SFRFA) in this

Memorandum Opinion and Order (MO&O) reflects revised or additional

information to that contained in the FRFA. The SFRFA is thus limited to

matters raised in response to the R&O and addressed in this MO&O. This

SFRFA conforms to the RFA, as amended by the Contract with America

Advancement Act of 1996 (CWAAA), Public Law No. 104-121, 110 Stat. 846

(1996). 5

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\5\ Title II of the Contract with America Act is ``The Small

Business Regulatory Enforcement Fairness Act of 1996'' (SBREFA),

codified at 5 U.S.C. Sec. 601 et seq.

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[[Page 2634]]

I. Need For and Objectives of the Action

13. The actions taken in this MO&O are in response to petitions for

reconsideration or clarification of the rules adopted in the E911 First

Report and Order requiring wireless carriers to implement 911 and

Enhanced 911 (E911) services. The limited revisions made in the MO&O

are intended to remedy technical problems raised in the record while

otherwise reaffirming the Commission's commitment to the rapid

implementation of the technologies needed to bring emergency help to

wireless callers throughout the United States.

II. Summary of Significant Issues Raised by the Public Comments in

Response to the Final Regulatory Flexibility Statement

14. No comments were received in direct response to the FRFA, but

the Commission received 16 petitions for reconsideration of the E911

First Report and Order. The majority of petitioners ask that the

Commission reconsider the rules governing when covered wireless

carriers must make 911 access available to callers. Other petitioners

ask that the Commission reconsider or clarify a variety of issues

ranging from the implementation date for covered carriers to provide

911 access to people with hearing or speech disabilities through the

use of Text Telephone Devices, such as TTYs, to the definition of which

wireless carriers must comply with the rules, particularly in regard to

``covered Special Mobile Radios (SMRs).'' Paragraphs 1-5 of this MO&O

provide a more detailed discussion of the petitions and the resulting

actions. Additionally, as discussed in paragraphs 10-12, several

parties filed ex parte presentations raising technical issues which

prompted the Commission to stay the October 1, 1997 implementation

dates for Sec. 20.18 (a), (b), and (c) through November 30, 1997, and

to seek further comment.

III. Description and Estimate of the Number of Small Entities to Which

Rules Will Apply

15. The rules adopted in this MO&O will apply to providers of

broadband Personal Communications Service (PCS), Cellular Radio

Telephone Service, and Specialized Mobile Radio (SMR) Services in the

800 MHz and 900 MHz bands. Service providers in these services are

subject to 911 requirements solely to the extent that they offer real-

time, two way switched voice service that is interconnected with the

public switched network and utilize an in-network switching facility

which enables the provider to reuse frequencies and accomplish seamless

hand-offs of subscriber calls.

a. Estimates for Cellular Licensees. 16. As indicated in the FRFA,

the Commission has not developed a definition of small entities

applicable to cellular licensees. Therefore, the applicable definition

of small entity is the definition under the Small Business

Administration (SBA) rules applicable to radiotelephone companies. This

definition provides that a small entity is a radiotelephone company

employing fewer than 1,500 persons.6 In addition to the data

supplied in the FRFA, a more recent source of information regarding the

number of cellular services carriers nationwide is the data that the

Commission collects annually in connection with the Telecommunications

Relay Service (TRS) Worksheet.7 That data shows that 792

companies reported that they were engaged in the provision of cellular

services. Although it seems certain that some of these carriers have

fewer than 1,500 employees, and because a cellular licensee may have

several licenses, we are unable at this time to estimate with greater

precision the number of cellular carriers that would qualify as small

business concerns under the SBA's definition. Consequently, we estimate

that, for purposes of our evaluations and conclusions in the SFRFA, all

of the current cellular licensees are small entities, as that term is

defined by the SBA.

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\6\ 13 CFR 121.201, Standard Industrial Classification (SIC)

Code 4812.

\7\ Federal Communications Commission, CCB Industry Analysis

Division, Telecommunication Industry Revenue: TRS Worksheet Data,

Tbl. 1 (Average Total Telecommunication Revenue Reported by Class of

Carrier) (December 1996) (TRS Worksheet).

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b. Estimates for Broadband PCS Licensees. 17. As indicated in the

FRFA, the broadband PCS spectrum is divided into six frequency blocks

designated A through F. The FRFA provides a full explanation as to the

definition of small business in the context of broadband PCS licensees,

using the definition SBA approved, developed by the Commission for

Blocks C-F, that a small business is an entity that has average gross

revenues of less that $40 million in the three previous calendar

years.8 In addition, the SBA has approved a Commission

definition (for Block F) of ``very small business'' which is an entity

that, together with their affiliates, has average gross revenues of not

more than $15 million for the preceding three calendar

years.9 No small businesses within the SBA approved

definition 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.10 However, not all licenses for Block F have been

awarded. Because licenses were awarded only recently, there are few

small businesses currently providing broadband PCS services. Based on

this information, we conclude that the number of small broadband PCS

licensees includes the 90 small business winning C Block bidders and

the 93 qualifying bidders in the D, E, and F Blocks, for a total of 183

small broadband PCS providers as defined by the SBA and the

Commission's auction rules.

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\8\ See Amendment of parts 20 and 24 of the Commission's Rules--

Broadband PCS Competitive Bidding and the Commercial Mobile Radio

Service Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 FR

33859 (July 1, 1996).

\9\ Id.

\10\ FCC News, Broadband PCS, D, E, and F Block Auction Closes,

No. 71744 (released Jan. 14, 1997).

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c. Estimates for SMR Licensees. 18. The FRFA indicates that,

pursuant to 47 CFR 90.814(b)(1), the Commission has defined ``small

entity'' for geographic area 800 MHz and 900 MHz SMR licenses as firms

that had average gross revenues of less than $15 million in the three

previous calendar years. This regulation defining ``small entity'' in

the context of 800 MHz and 900 MHz SMR has been approved by the

SBA.11 As the FRFA noted, we do not know how many firms

provide 800 MHz or 900 MHz geographic area SMR service pursuant to

extended implementation authorizations, nor how many of these providers

have annual revenues of less than $15 million. The number of licensees

cannot be estimated, because, although we know that there are a total

of slightly more than 31,000 SMR licensees, one licensee can hold more

than one license. We do know, however, that one of these firms has over

$15 million in revenues. We assume, for purposes of our evaluations and

conclusions in this SFRFA, that all of the remaining existing extended

implementation authorizations are held

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by small entities, as that term is defined by the SBA.

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\11\ See Amendment of Parts 2 and 90 of the Commission's Rules

to Provide for the Use of 200 Channels Outside the Designated Filing

Areas in the 896-901 MHz and the 935-940 MHz Bands Allotted to the

Specialized Mobile Radio Pool, PR Docket No. 89-553, Second Order on

Reconsideration and Seventh Report and Order, 60 FR 48913 (September

21, 1995); Amendment of Part 90 of the Commission's Rules to

Facilitate Future Development of SMR Systems in the 800 MHz

Frequency Band, PR Docket No. 93-144, First Report and Order, Eighth

Report and Order, and Second Further Notice of Proposed Rulemaking,

61 FR 06212 (February 16, 1996).

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19. Further, the Commission has no way of accurately determining

which licensees would fall under the definition of ``covered carrier''

as expressed in the MO&O. The Commission still concludes that the

number of geographic area SMR licensees affected by our action in this

proceeding includes the 55 small entities who bid for and won

geographic licenses in the 900 MHz SMR band. These 55 small entities

hold a total of 245 licensees.

As of the adopted date of this decision, the auction for 800 MHz

geographic area SMR licenses had not yet been completed. A total of 525

licenses will be awarded for the upper 200 channels in the 800 MHz

geographic area SMR auction. However, the Commission has not yet

determined how many licenses will be awarded for the lower 230 channels

in the 800 MHz geographic area SMR auction. There is no basis to

estimate, moreover, how many small entities within the SBA's definition

will win these licenses. Given the facts that nearly all radiotelephone

companies have fewer than 1,000 employees and that no reliable estimate

of the number of prospective 800 MHz licensees can be made, we assume,

for purposes of our evaluations and conclusions in this SFRFA, that all

of the licenses will be awarded to small entities, as that term is

defined by the SBA.

IV. Description of Projected Reporting, Recordkeeping, and Other

Compliance Requirements

20. The Commission is submitting several burdens to the Office of

Management and Budget for approval. First, Public Safety Answering

Points (PSAP) who are willing to participate in Phase I and Phase II of

E911 service must notify the covered carrier that they are capable of

receiving and utilizing the data elements associated with the service

and request the service. Also, cost recovery mechanisms must be in

place as a prerequisite to the imposition of enhanced 911 service

requirements upon covered carriers. In the MO&O, the Commission

requires that covered carriers whose digital systems are not compatible

with TTY calls must make every reasonable effort to notify current and

potential subscribers that they will not be able to use TTYs to call

911 with digital wireless devices and services.

21. In addition, to monitor the progress of the wireless industry

regarding TTY compatibility, the Commission requires that the

signatories to the TTY Consensus Agreement file quarterly progress

reports in this docket within ten days after the end of the quarter

beginning January 1, 1998, until the quarter ending September 30, 1998.

At the same time, the Commission grants the request of extension of

time to file a Joint Status Report on TTY issues, that was due on

October 1, 1997, and requires the signatories to the Consensus

Agreement to file the Joint Status Report on TTY issues by December 30,

1997.

22. In the MO&O, the Commission also requires that covered carriers

who offer dispatch service to customers and choose to comply with

Commission rules by routing dispatch customer emergency calls through a

dispatcher, rather than directly routing to the PSAP, must make every

reasonable effort to explicitly notify the current and potential

dispatch customers and their users that they will not be able to

directly reach a PSAP by calling 911 and that, in the event of an

emergency, the dispatcher should be contacted.

23. The MO&O, while revising the definition of ``pseudo-ANI,''

provides that the specific meaning assigned to the pseudo-ANI is

determined by agreements, as necessary, between the telephone system

originating the call, intermediate telephone systems handling and

routing the call, and the destination telephone system. Additionally,

in recognition of the difficulty involved in assigning wireless 911

calls to the appropriate PSAP based on location, the MO&O clarifies

that the responsible local or State entity has the authority and

responsibility to designate the PSAPs that are appropriate to receive

wireless E911 calls, noting that this will require continued

coordination between carriers and State and local entities. The MO&O

lastly provides that covered carriers can request a waiver of the Phase

I implementation schedule based on inability to transmit 10-digit

telephone numbers and cell site information, but requires that any

waiver request based on a LEC's capability must be accompanied by a

deployment schedule for meeting the Phase I requirements.

V. Significant Alternatives and Steps Taken By Agency To Minimize

Significant Economic Impact on Small Entities Consistent With Stated

Objectives

24. This MO&O is adopted in response to petitions for

reconsideration, including several filed by small businesses. After

consideration of these petitions, the MO&O first modifies the rules by

requiring covered carriers to transmit all 911 calls. Section 20.18(b)

of the Commission's Rules, 47 CFR 20.18(b), as adopted in the R&O,

required that carriers transmit 911 calls from all handsets which

transmit ``code identifications'' and transmit all 911 calls, even

those without code identification, if requested to do so by a PSAP

administrator. Thirteen of the sixteen petitioners ask that the

Commission reconsider this requirement. After a review of the arguments

raised by the petitioners in opposition to the rule, the MO&O finds

that the rules adopted in the E911 First Report and Order would impose

unreasonable cost, delay, and administrative burdens on wireless

carriers, and that, at least for the present, the most practical, least

expensive and most efficient option is to require covered carriers to

forward all 911 calls.

25. Three original petitioners request that the Commission modify

or defer the implementation dates of rules requiring covered carriers

to provide 911 access to people with hearing or speech disabilities

through the use of TTYs with respect to digital wireless systems, due

to technical incompatibility. Although the Commission decides against

deferring the implementation date indefinitely until the industry

standards bodies resolve all the technical issues, as these petitioners

request, it temporarily suspends enforcement of the TTY requirement for

digital wireless systems until October 1, 1998, subject to a

notification requirement.

26. Also, in response to 5 petitions seeking reconsideration of the

Commission's decision as to the wireless carriers to whom the rules

apply particularly for covered SMRs, the MO&O narrows the definition of

``Covered SMRs'' for E911 purposes to include only those systems that

offer real-time, two way switched voice service that is interconnected

with the public switched network and utilize an in-network switching

facility which enables the provider to reuse frequencies and accomplish

seamless hand-offs of subscriber calls. The Commission also decides to

extend the modified definition to covered broadband PCS and cellular as

well as SMR providers. We agree with the petitioners on this issue that

the current rule could encompass SMR providers that primarily offer

traditional dispatch services but also offer limited interconnection

capability and that such traditional dispatch providers would have to

overcome significant and potentially costly obstacles to provide 911

access. Furthermore, under the revised rules, the ``covered'' SMR

systems that offer dispatch services to

[[Page 2636]]

customers may meet their 911 obligations either by providing customers

with direct capability for 911 purposes, or alternatively, by routing

dispatch customer emergency calls through a dispatcher, subject to a

notification requirement.

27. The Commission also reviewed and rejected the Coast Guard's

petition, which requested the Commission to apply E911 requirements to

Mobile Satellite Services (MSS) and to issue a further notice of

proposed rulemaking regarding the provision of emergency communications

by MSS systems. In the MO&O, the Commission upholds its decision that

MSS should be exempt from the 911 and E911 rules because adding

specific regulatory requirements to MSS in this early stage of its

growth may impede the development of service in ways that might reduce

its ability to meet public safety needs. However, the Commission does

urge the MSS industry and the public safety community to continue their

efforts to develop and establish public safety standards along with

international standards bodies.

28. Finally, although several petitioners asked the Commission to

establish a specific cost recovery program (rather than the flexible

alternative adopted in the E911 First Report and Order, the Commission

declined to do so preferring to provide government entities with the

option of keeping their existing cost recovery program in place or to

create a cost recovery program that best suits the needs of all parties

concerned in their locality.

Report to Congress

29. We will submit a copy of this Supplementary Final Regulatory

Flexibility Analysis, along with the MO&O, in a report to Congress

pursuant to 5 U.S.C. 801(a)(1)(A). A copy of this SFRFA will also be

published in the Federal Register.

Authority

30. The Commission's action is taken pursuant to Sections 1, 4(i),

201, 303, 309, and 332 of the Communications Act of 1934, as amended by

the Telecommunications Act of 1996, 47 U.S.C. 151, 154(i), 201, 303,

309, 332.

Ordering Clauses

31. Accordingly, it is ordered that the Petitions for

Reconsideration of the First Report and Order, Revision of the

Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency

Calling Systems, CC Docket No. 94-102, filed by parties listed in

Appendix A of the full text of this decision, are granted in part, as

provided in the text of the MO&O, and otherwise denied.

32. It is further ordered that Part 20 of the Commission's Rules is

amended as set forth below.

33. It is further ordered that Secs. 20.18(a), 20.18(c), and

20.18(g) of the Commission's Rules, 47 CFR 20.18(a), 20.18(c),

20.18(g), as amended by this MO&O as set forth below, and the foregoing

provisions of this MO&O that pertain to sections 20.18(a), 20.18(c),

and 20.18(g) of the Commission's Rules, shall become effective January

16, 1998. This action is taken on the basis of our finding that,

because the amended provisions of Secs. 20.18(a), 20.18(c), and

20.18(g) are substantive rules that have the effect of granting an

exemption, the effective date of these provisions may occur less than

30 days before publication of the provisions, pursuant to Section

553(d)(1) of Title 5, United States Code.

34. It is further ordered that: (1) Sec. 20.18(b) of the

Commission's Rules, 47 CFR 20.18(b), as amended by this MO&O below; (2)

the definition of ``designated PSAP'' in section 20.3 of the

Commission's Rules, 47 CFR 20.3, as added by this MO&O below; and (3)

the foregoing provisions of this MO&O that pertain to section 20.18(b)

of the Commission's Rules, and to the definition of ``designated PSAP''

in Sec. 20.3 of the Commission's Rules shall become effective January

16, 1998. This action is taken, pursuant to Section 553(d)(3) of Title

5, United States Code, on the basis of our finding that there is good

cause that the effective date of these provisions should occur less

than 30 days before publication of the provisions. The Commission's

finding of good cause is based upon its finding that the rule change

will serve the purpose of ``promoting the safety of life and property''

under Section 1 of the Communications Act and that the particular

safety issues involved--extending the benefits of 911 services to as

many wireless phone users as possible--are of sufficient importance to

warrant making the rule requirements immediately effective upon

publication in the Federal Register. In addition, the Commission notes

that, since the adoption of the E911 First Report and Order in June

1996 there has been considerable confusion and uncertainty regarding

the ability of covered carriers to comply with the provisions of

Sec. 20.18(b) of the Commission's Rules, as those provisions were

initially prescribed in the E911 First Report and Order. This confusion

and uncertainty were heightened by assertions made by the Wireless 911

Coalition regarding technical issues associated with requirements

imposed by the rule. Although the decision of the Wireless

Telecommunications Bureau in the Stay Order was an appropriate step in

this case in light of the continuing pendency of these issues at the

time the Stay Order was issued, it also resulted in a continuation of

the confusion and uncertainty surrounding the question of whether all

users of wireless services provided by covered carriers could expect

and rely upon the fact that their 911 calls would go through to

emergency service providers. Now that the Commission has resolved this

issue by the action taken today, it can find no basis for any failure

to end as quickly as possible this confusion and uncertainty regarding

the obligations of covered carriers and the public safety expectations

of the users of wireless services.

35. It is further ordered that the remaining rule amendments made

by this MO&O and specified below shall become effective February 17,

1998.

36. It is further ordered that the Wireless Telecommunications

Bureau is hereby delegated authority to grant an additional 3-month

suspension of enforcement of section 20.18(c) of the Commission's

Rules, 47 CFR 20.18(c), until January 1, 1999, with respect to wireless

carriers who use digital wireless systems, upon reviewing the joint

quarterly status reports on TTY compatibility with digital systems

filed by the signatories to the TTY Consensus Agreement.

37. It is further ordered that the signatories to the TTY Consensus

Agreement SHALL FILE a joint quarterly status report regarding TTY

compatibility with digital systems within 10 days after the end of each

calendar quarter during the period beginning January 1, 1998, and

ending September 30, 1998, with the first report due April 10, 1998, as

set forth in the foregoing provisions of this MO&O.

38. It is further ordered that the Request of an Extension of Time

to File the Joint Status Report on TTY Issues, filed by the Cellular

Telecommunications Industry Association on October 1, 1997, IS GRANTED,

and that the signatories to the Consensus Agreement, the Personal

Communications Industry Association, and Telecommunications for the

Deaf, Inc. must file a Joint Status Report on or before December 31,

1997.

39. It is further ordered that the information collections

contained in the rule amendments set forth below WILL BECOME EFFECTIVE

following approval by the Office of Management and Budget. The

Commission will

[[Page 2637]]

publish a document at a later date establishing the effective date.

40. It is further ordered that, the Director of the Office of

Public Affairs shall send a copy of this MO&O including the

Supplementary Final 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, 5 U.S.C. 601

et seq.

List of Subjects in 47 CFR Part 20

Communications common carriers.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Part 20 of Title 47 of the Code of Federal Regulations is amended

as follows:

PART 20--COMMERCIAL MOBILE RADIO SERVICES

1. The authority citation for Part 20 continues to read as follows:

Authority: Sections 4, 251-2, 303, and 332, 48 Stat. 1066, 1062,

as amended; 47 U.S.C. 154, 251-4, 303, and 332 unless otherwise

noted.

2. Section 20.3 is amended by removing the definitions Code

Identification and Mobile Identification Number; by adding a definition

for Designated PSAP; and revising definitions for Automatic Number

Identification, and Pseudo Automatic Number Identification to read as

follows:

Sec. 20.3 Definitions

Automatic Number Identification (ANI). A system that identifies the

billing account for a call. For 911 systems, the ANI identifies the

calling party and may be used as a call back number.

* * * * *

Designated PSAP. The Public Safety Answering Point (PSAP)

designated by the local or state entity that has the authority and

responsibility to designate the PSAP to receive wireless 911 calls.

* * * * *

Pseudo Automatic Number Identification (Pseudo-ANI). A number,

consisting of the same number of digits as ANI, that is not a North

American Numbering Plan telephone directory number and may be used in

place of an ANI to convey special meaning. The special meaning assigned

to the pseudo-ANI is determined by agreements, as necessary, between

the system originating the call, intermediate systems handling and

routing the call, and the destination system.

* * * * *

3. Section 20.18 is revised to read as follows:

Sec. 20.18 911 Service.

(a) Scope of section. The following requirements are only

applicable to Broadband Personal Communications Services (part 24,

subpart E of this chapter), Cellular Radio Telephone Service (part 22,

subpart H of this chapter), and Geographic Area Specialized Mobile

Radio Services and Incumbent Wide Area SMR Licensees in the 800 MHz and

900 MHz bands (included in part 90, subpart S of this chapter). In

addition, service providers in these enumerated services are subject to

the following requirements solely to the extent that they offer real-

time, two way switched voice service that is interconnected with the

public switched network and utilize an in-network switching facility

which enables the provider to reuse frequencies and accomplish seamless

hand-offs of subscriber calls.

(b) Basic 911 Service. Licensees subject to this section must

transmit all wireless 911 calls without respect to their call

validation process to a Public Safety Answering Point, provided that

``all wireless 911 calls'' is defined as ``any call initiated by a

wireless user dialing 911 on a phone using a compliant radio frequency

protocol of the serving carrier.''

(c) TTY Access to 911 Services. Licensees subject to this section

must be capable of transmitting 911 calls from individuals with speech

or hearing disabilities through means other than mobile radio handsets,

e.g., through the use of Text Telephone Devices (TTY).

Note to paragraph (c): Enforcement of the provisions of this

paragraph is suspended until October 1, 1998, in the case of calls

made using a digital wireless system that is not compatible with TTY

calls, provided that the licensee operating such a digital system

shall make every reasonable effort to notify current and potential

subscribers who use or may use such a system that they will not be

able to make a 911 call over such system through the use of a TTY

device.

(d) Phase I enhanced 911 services. (1) As of April 1, 1998,

licensees subject to this section must provide the telephone number of

the originator of a 911 call and the location of the cell site or base

station receiving a 911 call from any mobile handset accessing their

systems to the designated Public Safety Answering Point through the use

of ANI and Pseudo-ANI.

(2) When the directory number of the handset used to originate a

911 call is not available to the serving carrier, such carrier's

obligations under the paragraph (d)(1) extend only to delivering 911

calls and available calling party information to the designated Public

Safety Answering Point.

Note to paragraph (d): With respect to 911 calls accessing their

systems through the use of TTYs, licensees subject to this section

must comply with the requirements in paragraphs (d)(1) and (d)(2) of

this section, as to calls made using a digital wireless system, as

of October 1, 1998.

(e) Phase II enhanced 911 services. As of October 1, 2001,

licensees subject to this section must provide to the designated Public

Safety Answering Point the location of all 911 calls by longitude and

latitude such that the accuracy for all calls is 125 meters or less

using a Root Mean Square (RMS) methodology.

(f) Conditions for enhanced 911 services. The requirements set

forth in paragraphs (d) and (e) of this section shall be applicable

only if the administrator of the designated Public Safety Answering

Point has requested the services required under those paragraphs and is

capable of receiving and utilizing the data elements associated with

the service, and a mechanism for recovering the costs of the service is

in place.

(g) Dispatch service. A service provider covered by this section

who offers dispatch service to customers may meet the requirements of

this section with respect to customers who utilize dispatch service

either by complying with the requirements set forth in paragraphs (b)

through (e) of this section, or by routing the customer's emergency

calls through a dispatcher. If the service provider chooses the latter

alternative, it must make every reasonable effort to explicitly notify

its current and potential dispatch customers and their users that they

are not able to directly reach a PSAP by calling 911 and that, in the

event of an emergency, the dispatcher should be contacted.

[FR Doc. 98-708 Filed 1-15-98; 8:45 am]

BILLING CODE 6712-01-P