PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 98-1504 July 30, 1998 WIRELESS TELECOMMUNICATION BUREAU SEEKS COMMENT ON REQUEST FOR AN EMERGENCY DECLARATORY RULING FILED REGARDING WIRELESS ENHANCED 911 RULEMAKING PROCEEDING CC Docket No. 94-102 Comments Due: August 14, 1998 Reply Comments Due: August 24, 1998 On July 20, 1998, the State of California 9-1-1 Program Manager filed a request for an emergency declaratory ruling in the wireless Enhanced 911 (E911) rulemaking proceed- ing. The request seeks a ruling regarding certain issues related to the implementation of E911 Phase I requirements. Pursuant to Section 0.131 and Section 1.2 of the Commission's Rules, 47 C.F.R.  0.131, 1.2, the Wireless Telecommunications Bureau seeks comment on this request for an emergency declaratory ruling. A copy of the request is attached. In the wireless E911 rulemaking proceeding, the Commission established rules requir- ing wireless carriers to implement basic 911 and E911 services. Under the Commission's E911 Phase I requirement, 47 C.F.R.  20.18(d)(1), as of April 1, 1998, covered carriers must provide the telephone number of the 911 caller 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 (PSAP) through the use of Automatic Number Identification (ANI) and Pseudo-ANI. The Phase I requirement, however, is applicable to the carriers only if the administrator of the designated PSAP has requested the services, the PSAP is capable of re- ceiving and utilizing the data elements associated with the service, and a mechanism for re- covering the costs of the service is in place. See 47 C.F.R.  20.18(f). In the request for an emergency declaratory ruling, the California 9-1-1 Program Man- ager requests an immediate ruling on the following questions: 1. Do carriers have an obligation to deploy wireless E911 service (Phase I) in California despite the fact that State statutes do not provide immunity from liability for E911 service provided? 2. If carriers are obligated to deliver Phase I service without immunity from liability (ei- ther statutory or contractual), is the State required under the cost recovery rules to reimburse carriers for the cost of insurance policies covering their provision of wire- less E911 service? 3. Regarding selective routing, what is meant in the Commission's E911 First Report and Order by the reference to appropriate PSAP ? Interested parties may file comments to the request for an emergency declaratory rul- ing filed by the California 9-1-1 Program no later than August 14, 1998. Any interested par- ties may also file reply comments no later than August 24, 1998. To file formally in this proceeding, participants must file an original and five copies of all comments. If participants want each Commissioner to receive a personal copy of their comments, an original and nine copies must be filed. All comments should be filed with the Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Room 222, Washington, D.C. 20554, referencing CC Docket No. 94-102. The full text of the California 9-1-1 Program's request for an emergency declaratory ruling is available for inspection and duplication during regular business hours in the FCC Reference Center, Federal Communications Commission, 1919 M Street, N.W., Room 239, Washington, D.C. 20554. Copies may also be obtained from International Transcription Ser- vice, Inc. (ITS), 1231 20th Street, N.W., Suite 140, Washington, D.C. 20036, (202) 857-3800. For further information, contact Won Kim at (202) 418-1310, Wireless Telecommuni- cations Bureau, Policy Division. -FCC -