# Wireless Radio Services; Compatibility With Enhanced 911 Emergency Calling Systems

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-33391

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** December 29, 1999
- **Citation:** 64 FR 72951

## Text

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; FCC 99-352]

Wireless Radio Services; Compatibility With Enhanced 911
Emergency Calling Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule; petitions for reconsideration.

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SUMMARY: In this document the Commission decides various issues raised
in petitions for reconsideration and clarification of the wireless
Enhanced 911 (E911) rules that request the removal of ambiguities in
the rules and the adoption of modifications to enhance Phase I
implementation. Resolution of these issues should address delays in
implementation of Phase I service. The Commission also resolves such
issues in order to ensure implementation of Phase II and avoid
potential delays in the provision of vital Phase II services. Finally,
the Commission takes action to overcome obstacles in Commercial Mobile
Radio Service carriers' ability to comply with the schedule and
requirements that apply to their implementation of E911, consistent
with the Commission's goals in adopting the framework for E911.

DATES: Effective April 27, 2000. Public comment on the information
collection are due February 28, 2000, and comments by the Office of
Management and Budget are due April 27, 2000.

ADDRESSES: A copy of any comments on the information collection
contained herein should be submitted to Judy Boley, Federal
Communications Commission, Room 1-C804, 445 12th Street, SW,
Washington, D.C. 20554, or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Barbara Reideler, 202-418-1310. For
further information concerning the information collection contained in
this Report and Order, contact Judy Boley, Federal Communications
Commission, 202-418-0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Memorandum Opinion and Order (Second MO&O) in CC Docket No. 94-102; FCC
99-352, adopted November 18, 1999, and released December 8, 1999. The
complete text of this Second MO&O is available for inspection and
copying during normal business hours in the FCC Reference Information
Center, Courtyard Level, 445 12th Street, S.W., Washington, DC, and
also may be purchased from the Commission's copy contractor,
International Transcription Services (ITS, Inc.), CY-B400, 445 12th
Street, S.W., Washington, DC.

Synopsis of the Second Memorandum Opinion and Order

1. In this Second Memorandum Opinion and Order (Second MO&O), the
Commission takes steps to hasten the introduction and rollout of
wireless Enhanced 911 (E911) services that were required by the
Commission when it adopted E911 rules in the Report and Order. (61 FR
40348, August 2, 1996.) The Commission seeks to accelerate
implementation of this important service in order to enable wireless
callers to obtain emergency assistance more rapidly and efficiently
through the transmission of certain enhanced information that assists
in locating the caller. Wireless subscribership continues to grow
rapidly and wireless phones are used increasingly to place 911 calls in
emergency situations. The Commission adopted E911 rules in accordance
with an agreement between the wireless industry and State and local 911
officials to promote wireless technologies and transmissions that
provide important information to enable the 911 Public Safety Answering
Point (PSAP) to promptly locate the 911 caller. The wireless E911
service was established to ensure that wireless phones automatically
transmit the same vital data about a 911 caller's location as wireline
phones.
2. The Commission reaffirmed its commitment to the goals for a
wireless E911 service in the E911 First Reconsideration Order. (63 FR
02631, January 16, 1998) Accordingly, covered Commercial Mobile Radio
Service (CMRS) carriers were expected to achieve transmission of the
enhanced

[[Page 72952]]

location information in two phases, with Phase I to begin April 1,
1998. The Commission subsequently received petitions from BellSouth
Corporation (BellSouth) and the Cellular Telecommunications Industry
Association (CTIA) for further reconsideration and for clarification of
the E911 rules that request the removal of ambiguities in the rules and
the adoption of modifications to enhance Phase I implementation. In
this Second MO&O, the Commission decides the various issues raised in
the petitions for reconsideration and clarification. Resolution of
these issues should address delays being experienced in implementation
of Phase I service. In addition, the Commission resolves such issues in
order to ensure implementation of Phase II and avoid potential delays
in the provision of vital Phase II services. The Commission also takes
action to overcome obstacles in CMRS carriers' ability to comply with
the schedule and requirements that apply to their implementation of
E911, consistent with the Commission's goals in adopting the framework
for E911.
3. First, the E911 rules are revised to remove the prerequisite
that a cost recovery mechanism for carriers be in place before the CMRS
carrier is obligated to provide E911 service in response to a valid
PSAP service request. The Commission agrees with CTIA that modification
of the rule is necessary to remove ambiguities that are causing delays
in Phase I implementation and that, more significantly, may delay
implementation of Phase II. The Commission declines to modify the rule,
as suggested by commenters, by imposing certain requirements on the
States to adopt formal mechanisms for the recovery of carrier costs and
to adhere to certain definitions and procedures as the means to clarify
the rule and facilitate implementation. Instead, the Commission finds
that the disputes and delays that have arisen in the consideration and
implementation of cost recovery mechanisms for carrier costs, in some
instances, have become, and will continue to be, significant and
unnecessary impediments to Phase I implementation. Moreover, the
Commission finds that the disputes and delays also will be a problem in
the implementation of Phase II.
4. Although a number of States have decided that separate E911 cost
recovery mechanisms are the best way to recover carriers' costs of
implementing E911, such mechanisms are not necessary to permit CMRS
carriers, whose rates are not regulated, to recover their costs. As a
result, the Commission sees no need to make the obligations of carriers
to implement E911 service contingent on the resolution of carrier cost
recovery issues. However, in removing the condition that a cost
recovery mechanism for carriers' costs be in place before the carrier
is obligated to provide E911 service, the Commission does not intend to
disturb the actions of States or localities that already have adopted
such mechanisms or to discourage them from deciding that cost recovery
or sharing mechanisms that cover carrier costs are an effective way of
expediting wireless E911 for their citizens, especially in rural areas.
5. At the same time, adequate funding of PSAPs to enable them to
deploy the upgrades to use wireless E911 location information remains
essential to implementation. State and local authorities have to
provide their local public safety officials with the means needed to
request and use wireless E911 location information. Otherwise, PSAPs
will be unable to dispatch emergency services to wireless 911 callers
in life-threatening situations as quickly as possible. In these
circumstances, the Commission modifies the rule to retain a cost
recovery requirement for recovery of the PSAP's costs of E911 service.
Thus, while the Commission no longer conditions a carrier's obligation
on a cost recovery mechanism to be in place for the carrier's costs,
the obligation continues to be conditioned upon the carrier receiving a
valid request from the PSAP that is capable of receiving and utilizing
the data elements associated with the service. Inasmuch as those
capabilities often were achieved through mechanisms that included
carrier costs, the Commission modifies that condition to ensure that
States or localities continue to address the needs of the PSAPs to be
upgraded for wireless E911.
6. Accordingly, before a carrier is required to provide E911
services pursuant to a PSAP request, the PSAP must have the means of
covering its costs of receiving and utilizing the E911 information to
ensure the request is valid. As modified, the carrier's E911 service
obligation is triggered when the carrier receives a valid request from
a PSAP that is capable of receiving and utilizing the data elements
associated with the service, and a mechanism for recovering the PSAP's
cost of the E911 service is in place. The Commission does not mandate
any specific State action, nor do we define the nature and extent of
any funding mechanism or other approach that may achieve the necessary
technology and service capabilities that enable the PSAP to make a
valid service request.
7. Second, the Commission agrees with CTIA that disputes between
CMRS carriers and PSAPs on the choice of the transmission means and
related technologies also have caused delays in Phase I implementation.
The Commission declines, however, to establish in the E911 rules that
the carriers, and not the PSAP, should have the final choice as the
means to overcome the delays. Instead, given our elimination of a cost
recovery mechanism for carriers as a prerequisite for E911
implementation, the Commission concludes that negotiation between the
parties, presumptively based on the alternative methods adopted in the
official standard, is the best means in most instances to ensure an
expeditious selection of transmission method that meets the individual
requirements of the PSAP and carrier in each situation. However, in the
event that an impasse arises, Commission staff will be available to
help resolve these disagreements on an expedited basis, based on
consideration of a number of specific factors. These include the
additional costs of the two methodologies to the PSAP and the wireless
carrier, whether the carrier is paying for its own E911 implementation
costs or receiving funding from a State-sponsored cost recovery
mechanism, the technical configuration of the PSAP's existing E911
system, and the ability of the transmission technology to accommodate
Phase II of wireless E911 and other planned changes in the E911 system.
8. Third, we find that this Commission and the relevant State
public service commissions can address the issues concerning local
exchange carriers (LECs) that are identified as potential reasons for
delay in the implementation of E911. LECs are important factors in
achieving E911 implementation, inasmuch as State 911 systems are LEC-
based. Although the Commission has not, at this point, imposed special
obligations on incumbent LECs in implementing E911, we note that
incumbent LECs are already subject to obligations under the
Telecommunications Act of 1996, as well as various Federal and State
regulations, to ensure that interconnection agreements with CMRS
carriers are fulfilled promptly and fairly. The Commission intends to
further monitor the role of LECs to determine whether we need to impose
additional obligations on them to ensure implementation of our wireless
E911 rules. The Commission notes that parties may request consideration
under our rocket docket procedures of

[[Page 72953]]

complaints filed under section 208 of the Communications Act against
LECs for violation of LECs' existing obligations.
9. Finally, the Commission modifies the Phase I rule to conform
with the E911 Orders (cited in paragraphs 1 and 2 of this synopsis) and
clarifies that carriers are required to provide service within six
months of a PSAP's request for Phase I service when the request is
received after the date established in the rules. In addition, the
Commission finds the requests in CTIA's petition to protect carriers
from liability for providing E911 service and to mandate nationwide
usage of 911 as the number for emergency assistance are moot. The
Wireless Communications and Public Safety Act of 1999 (911 Act)
requires that States provide CMRS carriers, users, and PSAPs involved
in the transmission of wireless 911 and E911 calls with liability
protection to the same extent the State provides protection with
respect to wireline 911 services. The 911 Act also provides for the
Commission to designate 911 as the universal emergency telephone number
for both wireline and wireless telephone service and includes
provisions for transition periods and Commission action to encourage
the development of State-wide E911 systems. Insofar as the petition
also requests that the Commission encourage federal agencies to make
federal property available for the siting of wireless facilities, we
find the request to be beyond the scope of this proceeding. The United
States Congress is the preferable forum for addressing this issue, as
well.
10. The goals of this proceeding are to maintain the framework the
Commission established to achieve the E911 service intended to provide
the customers of wireless carriers with improved emergency response
services. This relies on the voluntary efforts of wireless and wireline
providers, manufacturers, third-party providers, State and local
governments, public safety authorities, and consumer interest groups to
achieve the necessary transmissions and provide the emergency
assistance required by the public. The Commission adopted the E911
rules to ensure that CMRS licensees developed the capabilities to
achieve enhanced transmission of 911 calls and respond promptly when
localities request service. The Commission is concerned by delays in
the implementation of Phase I of the E911 service and addresses
obstacles to that implementation in order to take appropriate action
for their removal. The Commission is also concerned about the potential
delays to Phase II implementation that are likely to result unless such
obstacles are removed. The Commission's actions in this MO&O are
intended to build on the progress that has been made and to expedite
E911 implementation. Any unnecessary delay in deployment and effective,
universal operation of E911 is undesirable.
11. The Commission's actions also are consistent with the
Congressional goals reflected in the newly enacted 911 Act. The purpose
of the 911 Act is ``to encourage and facilitate the prompt deployment
throughout the United States of a seamless, ubiquitous, and reliable
end-to-end infrastructure for communications, including wireless
communications, to meet the Nation's public safety and other
communications needs.'' Among other things, the 911 Act requires this
Commission, or its delegatee, to designate 9-1-1 as ``the universal
emergency telephone number within the United States.'' The Commission
also is specifically directed to encourage and support efforts by
States to deploy comprehensive end-to-end emergency communications
infrastructure and programs, based on coordinated statewide plans that
include a ubiquitous wireless network and wireless E911 service. The
Commission plans to move forward promptly to implement these
Congressional goals, including through the initiation of a rulemaking
proceeding.

Paperwork Reduction Act of 1995 Analysis

12. The actions contained in this Second MO&O have been analyzed
with respect to the Paperwork Reduction Act of 1995 and found to impose
a new reporting requirement or burden on the public. Implementation of
this new reporting requirement will be subject to approval by the
Office of Management and Budget, as prescribed by the Act. The new
paperwork requirement contained in the Second MO&O will go into effect
April 27, 2000.

Final Regulatory Flexibility Analysis

13. As required by the Regulatory Flexibility Act (RFA),\1\ a Final
Regulatory Flexibility Analysis (FRFA) was incorporated into the Report
and Order and Further Notice of Proposed Rulemaking (E911 First Report
and Order) in this proceeding. This Supplemental Final Regulatory
Flexibility Analysis (Supplemental FRFA) in this Second Memorandum
Opinion and Order (Second MO&O) contains information that is in
addition to that contained in the FRFA. This Supplemental FRFA is
limited to matters addressed in this Second Memorandum Opinion and
Order. Specifically, the Order addresses petitions for further
reconsideration and clarification of the E911 First Report and Order
and the responsive pleadings, which were filed in response to the First
Memorandum Opinion and Order (E911 First Reconsideration Order). The
Commission sought to augment the record and requested that an
Implementation Report be filed on the matters to be addressed. Upon the
filing of the Implementation Report, the Commission requested written
public comment on the proposals in the petitions and the Implementation
Report. The petitions, the Implementation Report, and the responsive
comments that were filed for consideration in the Second Memorandum
Opinion and Order are discussed in this Supplemental FRFA. This
Supplemental FRFA conforms to the RFA. (See 5 U.S.C. 604.)
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\1\ See 5 U.S.C. 604. The RFA, see 5 U.S.C. 601 et seq., was
amended by the Contract With America Advancement Act of 1996, Public
Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is
the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA).
---------------------------------------------------------------------------

14. This is a summary of the full Supplemental FRFA. The full
Supplemental FRFA may be found in Appendix C of the full text of this
Second MO&O.

I. Need for, and Objectives of, the Second Memorandum Opinion and Order

15. This Second MO&O takes steps to hasten the introduction and
rollout of wireless Enhanced 911 (E911) services that were required
under the E911 service rules adopted in the E911 First Report and
Order. The petitions for reconsideration and clarification of the E911
rules, the Implementation Report, and the responsive comments have
identified a number of obstacles to the ability of carriers to comply
with the schedule and performance requirements in the E911 rules. This
Second MO&O aims to eliminate such delays and obstacles, and so to
encourage prompt implementation of the E 911 rules.

II. Summary of Significant Issues Raised by the Public Comments in
Response to the Petitions for Reconsideration and Clarification and the
Implementation Report

16. In the petitions for reconsideration and clarification, some
issues were raised that might affect small entities. Comments from some
rural carriers and the Rural Cellular Association (RCA) argued that
small and rural carriers would benefit if the cost recovery rule were
amended to require States to

[[Page 72954]]

provide for the recovery of carriers' E911 costs through the adoption
of pooling cost recovery mechanisms. They requested that the rule
include requirements and procedures to ensure that the State
legislatures adopt such mechanisms for carrier recovery and to overcome
the delays under the current rule. The Association of Public-Safety
Communications Officials-International, Inc. (APCO) alternatively
argued that rural carriers and areas and PSAPs would benefit by
elimination of the cost recovery rule and the complex, expensive, time-
consuming process of achieving cost recovery mechanisms for carriers
with State legislatures.
17. The Commission declined to adopt the specific definitions for
carrier cost recovery, because they would be difficult to apply and
would increase the delays already experienced in establishing State-
adopted mechanisms as a prerequisite to E911 service. The Commission
found that the cost recovery rule for carrier costs was unnecessary and
eliminated the rule, giving carriers and States the option of such
mechanisms while removing the obstacle to E911 implementation that
resulted from carriers waiting for such a mechanism before initiating
service. The Commission modified the rule to require that a PSAP cost
recovery mechanism be in place, however, to ensure that States or
localities funded PSAPs to enable PSAPs to request and provide vital
E911 services.
18. CTIA and some carriers requested that the E911 rules be
clarified to give carriers, and not PSAPs, the authority to choose
which of the two official transmission means to use in transmitting
E911 data to the PSAP in order to resolve disputes and expedite E911
implementation. The Public Safety Associations opposed the request,
arguing that carrier choice would be too costly for many PSAPs and
would fail to take into account the need to integrate with the PSAPs'
systems. The Commission declined to adopt a rule on transmission choice
as unnecessary and inappropriate, determining that any disputes should
be resolved by the elimination of the carrier cost recovery rule and
that negotiation between the parties was essential to ensure that a
compatible transmission means is selected. The Commission provided the
parties an opportunity to petition the Commission in the rare event of
an impasse for a resolution.
19. Finally, the Implementation Report requested the Commission
investigate the role of LECs and the delays in E911 implementation that
result when LECs fail to cooperate with wireless carriers and promptly
establish the necessary interconnection with the LEC's 911 system to
enable the wireless carrier to transmit E911 data to the PSAP. The
Commission declined to conduct such an investigation as unnecessary and
problematic. The Commission encouraged incumbent LECs to fulfill their
obligations under several federal and State regulations that require
prompt and fair interconnection agreements, noted that wireless
carriers may file complaints for expedited treatment under the federal
regulations, and intended to monitor the role of LECs to ensure that
wireless E911 was being implemented promptly.
20. A more detailed discussion on issues raised by public comments
may be found in section II of Appendix C to the full text of this
decision.

III. Description and Estimates of the Number of Small Entities to Which
the Rule Modifications and Decisions in the Second Memorandum Opinion
and Order Will Apply

21. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. (5 U.S.C.603 (b)(3)). The
RFA generally defines the term ``small entity'' as having the same
meaning as the term ``small business.'' (5 U.S.C. 601(6)). In addition,
the term ``small business'' has the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' (5 U.S.C. 601(6)), incorporating by reference the
definition of ``small business concern'' in 15 U.S.C. 632). Pursuant to
the RFA, the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the Small
Business Administration and after opportunity for public comment,
establishes one or more definitions of such term which are appropriate
to the activities of the agency and publishes such definition(s) in the
Federal Register.'' 5 U.S.C. 601(3). A small business concern is one
which: (1) Is independently owned and operated; (2) is not dominant in
its field of operation; and (3) satisfies any additional criteria
established by the Small Business Administration (SBA). (Small Business
Act, 15 U.S.C. 632 (1996).) ``Small governmental jurisdiction''
generally means ``governments of cities, counties, towns, townships,
villages, school districts, or special districts, with a population of
less that 50,000'' (5 U.S.C. 601(5)); using Census Bureau data we
estimate that 81,600 are small entities.
22. SMR Licensees. Pursuant to Sec. 90.814(b)(1) of the
Commission's Rules, the Commission has defined ``small business'' for
purposes of auctioning 900 Mhz SMR licenses, 800 MHz SMR licenses for
the upper 200 channels, and 800 MHz SMR licenses for the lower 230
channels as a firm that has had average annual gross revenues of $15
million or less in the three preceding calendar years. This small
business size standard for all 800 MHz and 900 MHz auctions has been
approved by the SBA. The rule modification in this Second MO&O that
eliminates the requirement for a carrier cost recovery mechanism
affects all SMR licensees that were previously subject to the rule.
That rule was limited to SMR licensees that offer real-time, two-way
voice or data service that is interconnected with the public switched
network and that use an in-network switching facility.
23. The Commission concludes that the number of small 900 MHz SMR
geographic area licensees affected by the rule modification that
eliminates the rule for carrier cost recovery is at least 60.
Additionally, the Commission estimates at least 10 small 800 MHz SMR
geographic area licensees for the upper 200 channels affected by the
rule modification that eliminates that rule for carrier cost recovery.
24. The Commission has determined that 3325 geographic area
licenses will be awarded in the 800 MHz SMR auction for the lower 230
channels. Because the auction of these licenses has not yet been
conducted, there is no basis to estimate how many winning bidders will
qualify as small businesses or which of these licensees would have been
covered by the previous rule. Therefore, the Commission concludes that
the number of 800 MHz SMR geographic area licensees for the lower 230
channels that may ultimately be affected by this rule modification is
at least 3325.
25. Finally, the Commission concludes that the number of SMR
licensees operating in the 800 MHz and 900 MHz bands under extended
implementation authorizations that may be affected by this rule
modification is, at most, 6800 licensees.
26. Cellular Licensees. Neither the Commission nor the SBA has
developed a definition of small entities applicable to cellular
licensees. Therefore, the applicable definition of small entities is
the definition under the SBA rules applicable to radiotelephone
(wireless) companies. This provides that a small entity is a
radiotelephone company employing no more than 1,500 persons. The
Commission concludes that there are fewer than 732 small cellular
service carriers that may be affected by the rule

[[Page 72955]]

modification that eliminates the requirement for a carrier cost
recovery mechanism adopted in this Second Memorandum Opinion and Order.
27. Broadband Personal Communications Service. The broadband PCS
spectrum is divided into six frequency blocks designated A through F,
and the Commission has held auctions for each block. The Commission
defined ``small entity'' for Blocks C and F as an entity that has
average gross revenues of less than $40 million in the three previous
calendar years. For Block F, an additional classification for ``very
small business'' was added and is defined as an entity that, together
with its affiliates, has average gross revenues of not more than $15
million for the preceding three calendar years. These regulations
defining ``small entity'' in the context of broadband PCS auctions have
been approved by the SBA. No small businesses within the SBA-approved
definition bid successfully for licenses in Blocks A and B. The
Commission concludes that the number of small broadband PCS licensees
will include the 90 winning C Block bidders and the 93 qualifying
bidders in the D, E, and F blocks, for a total of 183 small entity PCS
providers as defined by the SBA and the Commission's auction rules.
28. Public Safety Answering Points. A PSAP is ``a point that has
been designated to receive 911 calls and route them to emergency
service personnel.'' (47 CFR 20.3.) Neither the Commission nor the SBA
has developed a definition of small businesses specifically directed
towards PSAPs. The category for small businesses that are within the
SIC code 4899, ``Communications Services, Not Elsewhere Classified,''
contains entities that have an annual revenue of $11 million or less.
We can estimate that the small entities affected by the rule
modifications are approximately 10,000 PSAPs nationwide. The Commission
assumes that, for purposes of this Supplemental FRFA, all of the PSAPs
may be affected by the rule modifications.

IV. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements

29. The Second MO&O modifies the rule for a cost recovery
mechanism, first, to eliminate the requirement that the mechanism
provide for the recovery of the carrier's costs of implementing E911 as
a precondition of service. Second, the cost recovery rule is modified
to provide a recovery mechanism for the PSAP's E911 costs as a
precondition of the carrier's service. The Second MO&O also provided
wireless carriers and PSAPs with an opportunity to petition the
Commission in the rare case that they reach an impasse in their
negotiations to choose the means of transmission for E911, but did not
adopt any rule or otherwise impose any compliance requirements to
govern such voluntary petitions.

V. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered

30. The rule modifications and decisions adopted in the Second MO&O
are in response to the petitions for reconsideration and clarification
of the E911 rules, the Implementation Report, and the responsive
pleadings that, for purposes of this analysis, the Commission has
considered to be filed by small entities, as discussed in section V of
Appendix C of the full text of this decision.
31. Report to Congress: The Commission will send a copy of this
Second Memorandum Opinion and Order, including this Supplemental FRFA,
in a report to be sent to Congress pursuant to the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801(a)(1)(A). In
addition, the Commission will send a copy of the Second Memorandum
Opinion and Order and this Supplemental FRFA to the Chief Counsel for
Advocacy of the Small Business Administration.

Ordering Clauses

32. Accordingly, the Petitions for Reconsideration and
Clarification of the Memorandum Opinion and Order, Revision of the
Commission's Rules to Ensure Compatibility with Enhanced 911 Calling
Systems, are granted in part, as provided in the text of the Second
Memorandum Opinion and Order, and are otherwise denied.
33. The late-filed Comments of Wireless Consumers Alliance are
accepted.
34. The request for declaratory ruling of the Attorney General of
the State of Washington is dismissed as moot.
35. Part 20 of the Commission's Rules is amended as reflected in
the Rule Changes portion of this synopsis.
36. The Second Memorandum Opinion and Order and its rule amendments
shall become effective April 27, 2000. The Commission will publish a
document at a later date announcing OMB approval of the information
collection requirements.
37. The Commission's Consumer Information Bureau, Reference
Information Center, shall send a copy of this Second Memorandum Opinion
and Order, including the Supplementary Final Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Association.

Paperwork Reduction Act

38. This Second MO&O contains a new information collection.
39. The Commission, as part of its continuing effort to reduce
paperwork burdens, invites the general public to comment on the
information collections contained in this Second MO&O, as required by
the Paperwork Reduction Act of 1995, Public Law 104-13. Public and
agency comments are due February 28, 2000. Comments should address: (a)
Whether the new collection of information is 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; (3) ways to enhance the quality,
utility, and clarity of the information collected; and (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: N.A.
Title: Revision of the Commission's Rules To Ensure Compatibility
With Enhanced 911 Emergency Calling Systems, Second Memorandum Opinion
and Order.
Form No. N.A.
Type of Review: New information collection.
Respondents: Business or other for profit.
Number of Respondents: 50.
Estimated Time Per Response: 1 hour.
Total Annual Burden: 50 hours (one-time burden).
Cost to Respondents: .0.
Needs and Uses: The information required to be reported to the
Commission by CMRS carriers and PSAPs who cannot agree on the choice of
the transmission means and related technologies will be used by the
Commission to resolve such disputes.

List of Subjects in 47 CFR Part 20

Communications common carrier, Communications equipment, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 20 as follows:

[[Page 72956]]

PART 20--COMMERCIAL MOBILE RADIO SERVICES

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

Authority: 47 U.S.C. 154, 160, 251-254, 303, and 332 unless
otherwise noted.

2. Section 20.18 is amended by revising paragraphs (d)(1) and (j)
to read as follows:

Sec. 20.18 911 Service.

* * * * *
(d) Phase I enhanced 911 services. (1) As of April 1, 1998, or
within six months of a request by the designated Public Safety
Answering Point as set forth in paragraph (j) of this section,
whichever is later, 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.
* * * * *
(j) Conditions for enhanced 911 services. The requirements set
forth in paragraphs (d) through (h) 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 Public Safety Answering
Point's costs of the enhanced 911 service is in place.
* * * * *
[FR Doc. 99-33391 Filed 12-28-99; 8:45 am]
BILLING CODE 6712-01-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-33391. Public record. Not legal advice.