Compatibility of Wireless Services With Enhanced 911; Guidelines for Waiver of Phase II Automatic Location Identification Requirements

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; DA 98-2631]

Compatibility of Wireless Services With Enhanced 911; Guidelines

for Waiver of Phase II Automatic Location Identification Requirements

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; availability of supplemental information.

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SUMMARY: The Wireless Telecommunications Bureau released a Public

Notice announcing guidelines to be followed in filing petitions for

waiver of Sec. 20.18(e) of the rules governing wireless Enhanced

911(E911) service. The Public Notice also establishes a schedule for

filing such waiver requests. Section 20.18(e) requires that covered

wireless carriers deploy Automatic Location Identification (ALI)

beginning October 1, 2001. The action is taken to provide interested

parties with guidance in filing requests for waiver of this

requirement. Filings in response to the Public Notice will be included

in the pending wireless E911 docket and may be utilized by the

Commission in its further development of policies and rules for

wireless E911 deployment.

DATES: Waiver petitions are requested to be filed by February 4, 1999.

Comments on the waivers requests are due on February 16, 1999, and

reply comments are due on or before February 22, 1999.

ADDRESSES: Federal Communications Commission, Office of the Secretary,

445 12th Street, S.W., Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Dan Grosh, 202-418-1310, or Won Kim,

202-418-1310. For additional information concerning the information

collection aspects contained in the Public Notice, contact Les Smith at

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

SUPPLEMENTARY INFORMATION: This is a synopsis of the Public Notice in

CC Docket No. 94-102, DA 98-2631, released December 24, 1998. The

complete text of the Public Notice 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 (ITS, Inc.), (202) 857-3800, 1231 20th Street, N.W.,

Washington, D.C. 20036.

Synopsis of the Public Notice

1. The Public Notice sets out guidelines and a filing schedule to

assist those interested in filing waivers of 20.18(e) of the E911

regulations which state that covered wireless carriers must deploy

Automatic Location Identification (ALI) as part of E911 service

beginning October 1, 2001, provided certain conditions are met. This

rule was adopted in the First Report and Order (61 FR 40348, August 2,

1996) and provides that subject carriers must provide 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 methodology. The

Commission, in the Memorandum Opinion and Order (MO&O) in this

proceeding (63 FR 2631, January 16, 1998) responded to concerns that

the effect of Sec. 20.18(e) might not be technologically and

competitively neutral for some technologies that might be used to

provide ALI, in particular handset-based technologies such as those

using the GPS satellite system. The MO&O stated that the Commission

would be willing to consider such issues either in the E911 rulemaking

or in response to requests for waivers.

2. In response to the MO&O, the Wireless Telecommunications Bureau

received inquiries regarding the terms of waivers that might be granted

and the type of information that should accompany requests for such

waivers. Thus, the Public Notice sets out guidelines and a filing

schedule to assist those interested in filing such waivers, as well as

other interested parties. Parties should be aware that these filings

will be included in the pending wireless E911 docket, and may be

utilized by the Commission in its further development of policies and

rules for wireless E911 deployment in the pending reconsideration

proceeding or in other actions in the E911 rulemaking proceeding.

3. The Commission's intention in this proceeding is to adopt

general performance criteria, rather than extensive technical

standards, to guide the development of wireless E911 services. The

Commission's goal in this proceeding is to ensure the rapid, efficient,

and effective deployment of ALI as part of E911, in order to promote

the public safety and welfare. Because of the significant benefits the

ALI requirements established in Sec. 20.18(e) will provide to the

public safety, any requests for waiver of the rule should be consistent

with that intent and goal. The carriers who would seek waiver of ALI

requirements must demonstrate their commitment to, and plans for

achieving, the goals of Sec. 20.18(e).

4. There are several aspects to achieving these goals for handset-

based approaches to ALI. One of the most critical factors in providing

help to 911 callers in emergency situations is the accuracy of the

location information. A commitment by a carrier to provide a

significantly higher level of accuracy could help justify a phase-in of

ALI over time, through upgrading or replacing handsets.

5. Another way in which the goals of the rules might be achieved

would be if the carrier began implementation of ALI capabilities before

the October 1, 2001, deadline, by offering ALI capable handsets to

customers at an earlier date, and offering only ALI capable handsets no

later than the date when all conditions for Phase II requirements are

met. Early implementation could be especially useful for wireless

customers travelling in areas where Public Safety Answering Points

(PSAPs) have acted to be able to receive the ALI information.

6. One concern the Commission has regarding carriers employing

handset-based ALI technologies is that they might not be able to

provide reliable ALI service to ``roamer'' customers whose home carrier

adopts a network-based solution. In light of this concern, it will be

important for carriers seeking waiver of the Commission's Phase II

requirements to address any factors and steps they will be in a

position to take that will minimize this roamer problem to the fullest

extent practicable.

[[Page 3479]]

Terms and Scope of Waiver Petitions; Information Requested

7. Any carrier seeking a waiver of the Commission's rules and

requirements relating to Phase II implementation shall include in its

petition for waiver a specific statement and explanation of the scope

and terms of the waiver sought by the carrier. Under the general waiver

standard set forth in WAIT Radio,1 the Commission may

exercise its discretion to waive a rule where waivers are founded upon

an ``appropriate general standard,'' ``show special circumstances

warranting a deviation from the general rule,'' and ``such deviation

will serve the public interest.'' 2

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\1\ WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), cert.

denied, 409 U.S. 1027 (1972) (WAIT Radio).

\2\ Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164,

1166 (D.C. Cir. 1990), citing WAIT Radio, 418 F.2d at 1159.

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8. In order to meet the WAIT Radio waiver standard, it is necessary

for waiver petitions to provide with sufficient particularity the

following information. This information will assist the Commission in

assessing whether a particular waiver is likely to meet the

Commission's objective of being technologically and competitively

neutral with respect to enforcement compliance with its Phase II rules,

while promoting the deployment of wireless E911 in an efficient and

effective manner:

(1) The level of ALI accuracy and reliability the carrier plans to

offer with its ALI technologies. This information should include field

test results of such technologies in various geographical environments,

such as ``urban canyons,'' suburban and rural locations, mountainous

and other similar terrain, and inside buildings.

(2) When the carrier plans to start offering ALI-capable handsets

to its customers. This information should include documented timetables

and milestones regarding the deployment projections for ALI-capable

handsets. In particular, we would find it useful to have information on

the expected implementation rate for ALI under the requested waiver,

including the likely rate at which non-ALI capable handsets would be

replaced or upgraded.

(3) Steps the carrier will take with respect to minimizing problems

associated with non-ALI capable handsets. This information should

include an analysis of estimated cost of upgrading or replacing

existing handsets based on the options explored by the carrier.

(4) Steps the carrier plans to take to address roamer situations,

together with any available information regarding the volume of 911

calls made by roamer customers in the carrier's service area.

9. Because the ALI technology issue is one that affects all

wireless carriers subject to the E911 requirements, it is possible that

a general waiver or set of waiver options may be one way of addressing

the handset-based technology issue. The grant of interim waivers

pending the adoption of permanent rule changes may also be appropriate.

Waiver requests and comments should address any legal or other issues

that might be raised by the grant of either individual or general

waivers, on an interim or permanent basis.

Filing Schedules and Instructions

10. To assist the Commission in evaluating these issues in a

comprehensive manner, we recommend that waiver requests be filed not

later than February 4, 1999. Oppositions should be filed not later than

February 16, 1999. Replies should be filed not later than February 22,

1999. Waiver requests may be filed before or after the date established

in this schedule, but adherence to such filing date should facilitate

more efficient and expeditious treatment of pending petitions. The

Commission also notes that application for or grant of a waiver does

not obligate the carrier to use the waiver; if a carrier wishes, it may

decide to comply with the rules in effect rather than employ a granted

waiver.

Administrative Information

11. To file formally in this proceeding, participants must file an

original and five copies of all petitions, oppositions, and replies. If

participants want each Commissioner to receive a personal copy of their

comments, an original and ten copies must be filed. All pleadings

should be filed with the Office of the Secretary, Federal

Communications Commission, 445 12th Street, S.W., Washington, D.C.,

20554, referencing CC Docket No. 94-102. Paper filings will also be

received at a designated counter located at TW-A325 in the 12th Street

lobby of the Portals II Office Building from 8:30 a.m. to 5:30 p.m.,

Monday through Friday, except holidays. During the transition period of

the Commission's relocation to the Portals II Office Building, the

Office of the Secretary will accept paper filings at 1919 M Street,

N.W., Room 222, but only from 4:00 p.m. to 5:30 p.m., Monday through

Friday, except holidays.

12. Requests for waiver that are formally opposed are generally

treated as restricted proceedings, where ex parte presentations are

prohibited.3 The Commission may modify its ex parte rules,

however, if it determines that the public interest would be

served.4 Because these waiver petitions and responsive

comments will be included in CC Docket No. 94-402, and may be

considered in the context of the ongoing wireless E911 rulemaking, the

Commission believes that it is appropriate to treat these as ``permit

but disclose'' proceedings. Pursuant to our delegated

authority,5 we have determined that it is in the public

interest to permit ex parte presentations relating to petitions for

waiver of Sec. 20.18(e), so long as the presentations are disclosed in

accordance with Sec. 1.1206 of the Commission's Rules.6

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\3\ Section 1.1208 of the Commission's Rules, 47 CFR 1.1208.

\4\ Section 1.1200(a) of the Commission's Rules, 47 CFR

1.1200(a).

\5\ See Secs. 0.131 and 1.331 of the Commission's Rules, 47 CFR

0.131, 1.331.

\6\ 47 CFR 1.1206.

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Paperwork Reduction Act

13. This Public Notice contains new information collections subject

to the Paperwork Reduction Act of 1995 (PRA). The Office of Management

and Budget (OMB) has reviewed and approved these collections. The

expiration date for this approval is April 30, 1999. Because the

Commission sought and OMB granted emergency approval of these

collections, and because the Public Notice originated from comments

filed in response to the Memorandum Opinion and Order (63 FR 2631,

January 16, 1998) for which a comment period was provided and OMB

approval was received (OMB No. 3060-0813), the Commission has been

granted an exception to the 60-day public comment requirement.

OMB Approval Number: 3060-0878.

Title: Wireless Telecommunications Bureau Outlines Guidelines For

Wireless E911 Rule Waivers For Handset-Based Approaches To Phase II

Automatic Location Identification (ALI) Requirements, Public Notice, CC

Docket No. 94-102.

Type of Review: New Collection.

Respondents: Covered Wireless Carriers Seeking Waiver of Sec. 20.18

(e) of the Commission's E911 Rules Requiring That Covered Carriers

Deploy ALI As Part Of E911 Service Beginning October 1, 2001.

Number of Respondents: Approximately 50 carriers will submit a one-

time request for waiver of the E911 ALI regulations.

[[Page 3480]]

Burden Per Respondent: 4 hours.

Total Annual Burden Hours: 2,000 hours.

Total Annual Cost: 0.

Frequency of Response: One-time filing requirement.

Needs and Uses: The information filed as part of a petition for

waiver will be used to ensure timely compliance with the Commission's

E911 regulations, provide the Commission with current information on

the status of ALI technology, and thus ensure the dependability and

responsiveness of critical E911 services.

Federal Communications Commission.

Kathleen O'Brien Ham,

Deputy Chief, Wireless Telecommunications Bureau.

[FR Doc. 99-1589 Filed 1-20-99; 1:24 pm]

BILLING CODE 6712-01-P