[Federal Register Volume 63, Number 11 (Friday, January 16, 1998)]
[Rules and Regulations]
[Pages 2631-2637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-708]
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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 jboley@fcc.gov, and to Timothy Fain,
OMB Desk Officer, 10236 NEOB, 725-17th Street, N.W., Washington, D.C.
20503, or via the Internet to fain__t@al.eop.gov.
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 jboley@fcc.gov.
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
[[Page 2635]]
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
