******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. In the Matter of ) ) Revision of the Commission's Rules) To Ensure Compatibility with ) CC Docket No. 94-102 Enhanced 911 Emergency ) RM-8143 Calling Systems ) Order Adopted: January 8, 1999; Released: January 11, 1999 By the Acting Chief, Wireless Telecommunications Bureau: 1. On December 30, 1998, the Commission adopted the TTY Waiver Order, granting a temporary waiver of Section 20.18(c) of the Commission's Rules (to the extent that section relates to the transmission of 911 calls made from TTY devices using digital wireless systems) to all parties who had filed petitions seeking waiver of that rule. The temporary waiver applied to all parties filing petitions as of the adoption date of the TTY Waiver Order (i.e., December 30, 1998) and all such parties were identified in the Appendix of the Order. 2. On December 31, 1998 the day after the adoption of the TTY Waiver Order a petition for waiver was filed by Price Communications Wireless, Inc. (Price). Although the petition was filed before January 1, 1999 (the date by which carriers were required to be in compliance with Section 20.18(c) for digital wireless systems), the petition cannot be construed as having been granted by the TTY Waiver Order, under a strict reading of that Order, because the petition was filed after the adoption date of the Order. 3. We have concluded, however, that, in the unique circumstances presented by this case, the public interest will best be served by our granting the Price petition on a temporary basis. We believe that the circumstances are made unique principally by the fact that the waivers provided by the Commission in the TTY Waiver Order were temporary waivers and did not dispose of the petitions on the merits. Such waivers will not be permanent, but will remain in effect only until such time as is needed for the Commission to evaluate them and determine whether individual, permanent waivers are warranted. We therefore believe that the public interest will not be harmed by our granting the same temporary waiver of Section 20.18(c) to Price that was granted to the parties identified in the TTY Waiver Order. We reach this conclusion in part because, if the Commission subsequently determines that Price has failed to provide meritorious reasons for waiving the requirements of Section 20.18(c) in its case, then the Commission can deny a permanent waiver to Price on that basis. 4. Accordingly, IT IS ORDERED that the petition for waiver of Section 20.18(c) of the Commission's Rules filed by Price Communications Wireless, Inc., on December 31, 1998, IS GRANTED, subject to the terms and conditions indicated in the TTY Waiver Order, which was adopted by the Commission on December 30, 1998. 5. This action is taken pursuant to delegated authority of the Wireless Telecommunications Bureau under Section 0.331 of the Commission's Rules. FEDERAL COMMUNICATIONS COMMISSION Gerald P. Vaughan Acting Chief, Wireless Telecommunications Bureau