[Federal Register Volume 61, Number 150 (Friday, August 2, 1996)]
[Proposed Rules]
[Pages 40374-40377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19661]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20
[CC Docket No. 94-102: FCC 96-264]
Enhanced 911 Emergency Calling Systems
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission adopts a Report and Order and Further Notice of
Proposed Rulemaking regarding the availability of the advanced
emergency capabilities of E911 systems to wireless service providers
and customers. The Report and Order portion of this decision is
summarized elsewhere in this issue of the Federal Register. The Further
Notice of Proposed Rulemaking (FNPRM) seeks comment on a variety of
relevant issues. The Commission also tentatively concludes that covered
carriers should continue to upgrade and improve 911 service to increase
its accuracy, availability, and reliability, and that a consumer
education program should be initiated to inform the public of the
capabilities and limitations of 911 service. This action is taken to
ensure that E911 system performance keeps pace with the latest
technologies.
DATES: Comments are due on or before August 26, 1996, and reply
comments are due on or before September 10, 1996. Written comments by
the public on the proposed and/or modified information collections are
due by August 26, 1996. Written comments must be submitted by the
Office of Management and Budget (OMB) on the proposed and/or modified
information collections on or before October 1, 1996.
ADDRESSES: Federal Communications Commission, Washington, D.C. 20554.
In addition to filing comments with the Secretary, a copy of any
comments on the information collections contained herein should be
submitted to Dorothy Conway, Federal Communications Commission, Room
234, 1919 M Street, N.W., Washington, DC 20554, or via the
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Internet to dconway@fcc.gov, and to Timothy Fair, OMB Desk Officer,
10236 NEOB, 725--17th Street, N.W., Washington, DC 20503, or via the
Internet to fain__t@l.eop.gov.
FOR FURTHER INFORMATION CONTACT: Peter Wolfe, Wireless
Telecommunications Bureau (202) 418-1310. For additional information
concerning the information collections contained in this FNPRM, contact
Dorothy Conway at 202-418-0217, or via the Internet at dconway@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Further Notice of
Proposed Rulemaking segment of the Report and Order and Further Notice
of Proposed Rulemaking in CC Docket No. 94-102, FCC 96-264, adopted
June 12, 1996, and released July 26, 1996. The Report and Order portion
of this decision is summarized elsewhere in this edition of the Federal
Register. The complete text of this decision is available for
inspection and copying during normal business hours in the FCC
Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C., and
also may be purchased from the Commission's copy contractor,
International Transcription Service, (202) 857-3800, 2100 M Street,
NW., Suite 140, Washington, DC 20037. This FNPRM contains proposed or
modified information collections subject to the Paperwork Reduction Act
of 1995 (PRA). It has been submitted to the Office of Management and
Budget (OMB) for review under the PRA. OMB, the general public, and
other Federal agencies are invited to comment on the proposed or
modified information collections contained in this proceeding.
Synopsis of Further Notice of Proposed Rulemaking
1. In this Report and Order and Further Notice of Proposed
Rulemaking, the Commission takes several important steps to foster
major improvements in the quality and reliability of 911 services
available to the customers of wireless telecommunications service
providers. The Notice of Proposed Rulemaking initiating this proceeding
may be found at 59 FR 54878, November 2, 1994. The Commission issues
the FNPRM to develop additional means of ensuring that improvements
made possible by technological advances are incorporated into E911
systems. The FNPRM portion of the decision represents the Commission
desire to ensure continuity of our dedication to new and innovative 911
services by seeking comment on further refinements of the Commission's
wireless 911 rules.
2. The FNPRM first seeks comment on possible approaches to avoid
customer confusion that could be generated by a system under which
customers in the same geographic area may or may not be able to
complete non-code identification 1 911 calls depending upon the
practices of the various Public Safety Answering Points (PSAPs) serving
that area. Specifically, the Commission requests comment regarding
whether, within a reasonable time after the one-year period, PSAPs
should no longer have the option to refuse to accept non-code
identification 911 calls. Thus, covered carriers would be obligated to
transmit all 911 calls to PSAPs.
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\1\ The term ``non-code identification,'' when used in this
decision in conjunction with 911 calls, means (1) in the case of
calls transmitted over the facilities of a covered carrier other
than a Specialized Mobile Carrier that is subject to the
requirements of this Order, a call originated from a mobile unit
which does not have a Mobile Identification Number (MIN); and (2) in
the case of calls transmitted over the facilities of a Specialized
Mobile Carrier that is subject to the requirements of this Order, a
call originated from a mobile unit that does not have the functional
equivalent of a MIN.
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3.The Commission next tentatively concludes that covered carriers
should continue to upgrade and improve 911 service to increase its
accuracy, availability, and reliability, while also recognizing that
our rules should ensure that covered carriers' development and
application of new technologies for E911 services also contribute to
the overall quality of service and range of services that carriers
provide to all their customers. These efforts will ensure that the
public benefits from technological innovations, through the application
of those innovations to public safety needs.
4. The Commission seeks comment on a range of related issues,
including the following: (1) Should covered carriers provide PSAPs
information that locates a wireless 911 caller within a radius of 40
feet, using longitude, latitude, and altitude data, and that provides
this degree of accuracy for 90 percent of the 911 calls processed? (2)
Should wireless service providers be required to supply location
information to the PSAP regarding a 911 caller within a certain number
of seconds after the 911 call is made? (3) Should wireless service
providers be required to update this location information throughout
the duration of the call? (4) What steps could be taken to enable 911
calls to be completed or serviced by mobile radio systems regardless of
the availability (in the geographic area in which a mobile user seeks
to place a 911 call) of the system or technology utilized by the user's
wireless service?
5. The Commission also tentatively concludes that a consumer
education program should be initiated to inform the public of the
capabilities and limitations of 911 service, and we seek comment
regarding the scope of such a program and carrier obligations that
could be established in connection with such a program. One purpose of
such a program would be to address a concern that consumers currently
may not have a sufficient understanding of technological limitations
that can impede transmission of wireless 911 calls and the delivery of
emergency assistance.
Administrative Matters
6. Pursuant to applicable procedures set forth in Sections 1.415
and 1.419 of the Commission's Rules, 47 CFR 1.415 and 1.419, interested
parties may file comments on or before August 26, 1996, and reply
comments on or before September 10, 1996. To file formally in this
proceeding, you must file an original plus four copies of all comments,
reply comments, and supporting comments. If you want each Commissioner
to receive a personal copy of your comments, you must file an original
plus nine copies. You should send comments and reply comments to Office
of the Secretary, Federal Communications Commission, Washington, D.C.
20554. Comments and reply comments will be available for public
inspection during regular business hours in the FCC Reference Center
(Room 239), 1919 M Street, N.W., Washington, D.C. 20554.
7. This is a non-restricted notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in the
Commission Rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a).
Paperwork Reduction Act
8. This FNPRM contains either a proposed or modified information
collection. The Commission, as part of its continuing effort to reduce
paperwok burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collections
contained in this FNPRM, as required by the Paperwork Reduction Act of
1995, Public Law No. 104-13. Public and agency comments are due at the
same time as other comments on this FNPRM; OMB notification of action
is due October 1, 1996. Comments should address: (a) whether the
proposed collection of information is
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necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
OMB Approval Number:
Title: Consumer Education Concerning Wireless 911.
Form No.:
Type of Review: New collection.
Respondents: Cellular, broadband PCS, and certain SMR carriers
subject to the proposed rule.
Number of Respondents: 2,500.
Estimated Time Per Response: 30 Minutes--1 Hour.
Total Annual Burden: 1,562.5 Hours.
Needs and Uses: The information will be used by consumers to
determine rationally and accurately the scope of their options in
accessing 911 services from mobile handsets.
Initial Regulatory Flexibility Act Statement
9. As required by Section 603 of the Regulatory Flexibility Act,
the Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected impact on small entities of the proposals
suggested in this document. Written public comments are requested on
the IRFA. These comments must be filed in accordance with the same
filing deadlines as comments on the rest of this Further Notice of
Proposed Rulemaking, but they must have a separate and distinct heading
designating them as responses to the Initial Regulatory Flexibility
Analysis. The Secretary shall send a copy of this Further Notice of
Proposed Rulemaking, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with paragraph 603(a) of the Regulatory
Flexibility Act. Public Law No. 96-354, 94 Stat. 1164, 5 U.S.C. Section
601 et seq. (1981).
Initial Regulatory Flexibility Analysis For Further Notice of Proposed
Rulemaking
I. Reason for Action
10. This FNPRM responds to the petition submitted by the Ad Hoc
Alliance for Public Access to 911 to amend the Commission's Rules to
require that all newly constructed mobile and portable units be
equipped to select the strongest signal whenever a 911 call is placed.
Telephone stations for wireless services are not adequately identifying
caller location to permit a timely response by emergency services
personnel and are not providing 911 service for all caller locations.
II. Objectives and Legal Basis for Proposed Rules
11. One objective of this FNPRM is to collect additional
information on the technical issues related to the improvement of
wireless E911 services, including higher accuracy standards for the
Automatic Location Identification (ALI), a latency period requirement,
and the provision of 911 services without interruption where one
wireless provider does not provide complete area coverage. Another
objective is to collect information with respect to informing consumers
what their wireless phones can and cannot do. A third objective is to
determine whether all 911 calls should be transmitted without any
preconditions.
12. The proposed action is authorized under Sections 1, 4(i), 201,
208, 215, 303, 309 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i), 201, 208, 215, 303, 309.
III. Description and Estimate of Small Entities Subject to the Rules
13. The proposed changes in the regulations will apply to providers
of cellular, broadband PCS, and geographic area 800 MHz and 900 MHz
specialized mobile radio services, including licensees who have
extended implementation authorizations in the 800 MHz or 900 MHz SMR
services, either by waiver or under Section 90.629 of the Commission's
Rules. However, the rule will apply to SMR licensees only if they offer
real-time, two-way voice service that is interconnected with the public
switched network.
14. In the full text of this decision, we have estimated the number
of small entities for each category, or else stipulated that all
providers are small entities where we were unable to make an estimate.
We request comment on whether these estimates should be improved or
refined. We especially request comment on the number of small entities
in the categories that we were unable to estimate, i.e., cellular
service providers; PCS service providers in the D, E, and F Blocks; 800
MHz geographic area SMR licensees; and providers of 800 MHz or 900 MHz
geographic area SMR service pursuant to waiver or pursuant to Section
90.629 of our rules.
IV. Reporting, Recordkeeping, and Other Compliance Requirements
15. Commercial mobile radio services will be required to improve
the accuracy and time of the identification of the location of mobile
transmitters and to permit interoperability of their 911 service with
those of their competitors and to provide consumer education materials.
Equipment used for commercial mobile radio services will have to be
capable of providing this information to the local telephone exchanges
to which they are connected. Local telephone exchanges will incur costs
storing and relaying this information to E911 public safety answering
points. We request comment with respect to ways in which these proposed
requirements can be modified to reduce the burden on small entities and
at the same time meet the objectives of this proceeding.
V. Significant Alternatives Considered and Rejected
16. The Commission concluded that it is also necessary to begin the
task of exploring the need for further action to spur improvements in
the features and delivery of the 911 and E911 services. We believe that
continuing involvement of the Commission in developing rules that take
the resources of small businesses into account as well as the public
safety needs are in the public interest. Therefore, the Commission
rejected alternative proposals that the future development of the E911
technologies should be left to the market forces and the industry
without the Commission's involvement.
17. The Commission considered and rejected proposals that the rules
should be expanded to apply to all providers of Commercial Mobile Radio
Services (CMRS) because not all CMRS services are mass market voice
services whose users expect to be able to use them to call 911.
Specifically, the Commission believes that the costs of requiring local
SMR services and 220 MHz licensees operating on 5 kHz channels to
comply with the proposed rules would outweigh the benefits and
application of the proposed rules to them, and would give them an
incentive to eliminate their interconnection to the public network,
which would not be in the public interest. Similarly, because it is not
certain how multilateration Location and Monitoring Service (LMS) will
develop, we concluded that it is premature to propose to require such
licensees to provide E911 at this time. In the future if these wireless
service providers not covered by the current rules develop into a
mobile telephone
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service like cellular or broadband PCS, we may revisit this decision.
18. The Commission considered and rejected proposals to adopt a
specific technology for providing ALI, because we believe that various
technologies are currently under development which can provide more
advanced public safety technology than those that are currently
available. The Commission also considered and rejected proposals to
adopt rules to require a minimum latency period to locate 911 callers
at this time, because the record is insufficient to determine the
technical feasibility and the costs of implementing such requirements,
especially the financial impact on small business entities. The
Commission instead decided to seek comment on these proposals,
including the benefits and feasibility of such requirements.
VI. Federal Rules That Overlap, Duplicate, or Conflict with These
Proposed Rules
19. There are no Federal rules which overlap, duplicate, or
conflict with the rules we are proposing.
List of Subjects in 47 CFR Part 20
Communications common carriers, Federal Communications Commission.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-19661 Filed 8-1-96; 8:45 am]
BILLING CODE 6712-01-P
