News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov***************** ***************** ******************** ** NOTICE ********************************* *********************** This document was con verted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page num bers 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. ********************************* ******************************** PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 98-2631 December 24, 1998 WIRELESS TELECOMMUNICATIONS BUREAU OUTLINES GUIDELINES FOR WIRELESS E911 RULE WAIVERS FOR HANDSET-BASED APPROACHES TO PHASE II AUTOMATIC LOCATION IDENTIFICATION REQUIREMENTS CC Docket No. 94-102 Wireless E911 Phase II Requirements As adopted in the E911 First Report and Order, Commission rules require that covered wireless carriers deploy Automatic Location Identification (ALI) as part of Enhanced 911 (E911) service beginning October 1, 2001, provided certain conditions are met. Pursuant to Section 20.18(e) of the Commission's Rules, subject carriers are required to provide 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 its December 1997 E911 Reconsideration Order, the Commission took note of concerns that the effect of Section 20.18(e) might not be techno- logically and competitively neutral for some technologies that might be used to provide ALI, in particular handset-based technologies such as those using the GPS satellite system. The Commis- sion responded to these concerns by stating its willingness to consider such issues either in the E911 rulemaking or in response to requests for waivers. The Wireless Telecommunications Bureau (Bureau) has received inquiries regarding the terms of waivers that might be granted and the type of information that should accompany requests for such waivers. In this Public Notice, the Bureau sets out guidelines and a filing sched ule to assist those interested in filing such waivers, as well as other interested parties. Parties should also be aware that these filings will be included in the pending wireless E911 docket, and may be utilized by the Commission in its further development of policies and rules for wireless E911 deployment in the pending reconsideration proceeding or in other actions in the E911 rulemaking proceeding. Commission Statements on E911 Phase II Waivers In the E911 Reconsideration Order, the Commission reaffirmed its policy of being techno logically and competitively neutral with respect to possible approaches to ALI, stating that it did "not intend that the implementation deadline, the accuracy standard, or other rules should hamper the development and deployment of the best and most efficient ALI technologies and systems." As the Commission pointed out, at the time the original rules were adopted, the parties expected that ALI would be implemented by upgrading wireless carriers' networks, which would allow the carriers to provide ALI for all handsets. Because of the benefits of ALI for 911 callers and an assumption regarding the general implementation of network-based technologies, the Commission's rules accordingly require that ALI be provided for all 911 calls as of the October 1, 2001, deadline established by the Commission. A primary concern with applying these rules to handset-based technologies is that carriers may only be able to provide Phase II ALI for new handsets or handsets that have been upgraded to support the chosen technology. Carriers might be capable of providing ALI using handset-based approaches, for example, only for handsets with new computer chips or software programming. It may not be possible or economically feasible for carriers to provide ALI for the embedded base of handsets that have not been upgraded on the date set by the current Commission rules. The Commission responded to these concerns by stating its willingness to consider such issues either in the E911 rulemaking or in response to requests for waivers. While it did not ex pect to delay the October 2001 deadline, the Commission expressed its willingness to consider proposals to phase in implementation, especially to the extent a proposal helps achieve further improvements in ALI capabilities. This could mean, for example, a higher level of accuracy. The Commission also indicated that it might consider applying the Phase II requirements only to new wireless phones. Guidelines and Procedures for Filing Waiver Requests 1. General Guidelines for Waiver Petitions As the Commission indicated in the E911 First Report and Order, its intention was to adopt general performance criteria, rather than extensive technical standards, to guide the devel opment of wireless E911 services. In addition, the goal in this proceeding is to ensure the rapid, efficient, and effective deployment of ALI as part of E911, in order to promote the public safety and welfare. Because of the significant benefits the ALI requirements established in Section 20.18(e) will provide to the public safety, we believe that any requests for waiver of the rule should be consistent with the Commission's goal in this proceeding. The carriers who would seek waiver of ALI requirements must demonstrate their commitment to, and plans for achieving, the goals of Section 20.18(e). There are several aspects to achieving these goals for handset-based approaches to ALI. One of the most critical factors in providing help to 911 callers in emergency situations is the ac curacy of the location information. A commitment by a carrier to provide a significantly higher level of accuracy could, as the Commission indicated, help justify a phase-in of ALI over time, through upgrading or replacing handsets. Another way in which the goals of the rules might be achieved would be if the carrier be gan implementation of ALI capabilities before the October 1, 2001, deadline, by offering ALI capable handsets to customers at an earlier date, and offering only ALI capable handsets no later than the date when all conditions for Phase II requirements are met. Early implementation could be especially useful for wireless customers travelling in areas where Public Safety Answering Points (PSAPs) have acted to be able to receive the ALI information. One concern we have regarding carriers employing handset-based ALI technologies is that they might not be able to provide reliable ALI service to "roamer" customers whose home carrier adopts a network-based solution. The handsets of those roamers may not include equip- ment or software needed for the carrier's handset-based ALI approach, and thus the carrier may not provide ALI for all calls, as the Commission's rules require. In light of this concern, it will be important for carriers seeking waiver of the Commission's Phase II requirements to address any factors and steps they will be in a position to take that will minimize this roamer problem to the fullest extent practicable. 2. Terms and Scope of Waiver Petitions; Information Requested Any carrier seeking a waiver of the Commission's rules and requirements relating to Phase II implementation shall include in its petition for waiver a specific statement and explanation of the scope and terms of the waiver sought by the carrier. Under the general waiver standard set forth in WAIT Radio, the Commission may exercise its discretion to waive a rule where waivers are founded upon an "appropriate general standard," "show special circumstances warranting a deviation from the general rule," and "such deviation will serve the public interest." In order to meet the WAIT Radio waiver standard, we believe that it is necessary for waiv- er petitions to provide with sufficient particularity the following information. This information will assist us in assessing whether a particular waiver is likely to meet the Commission's objective of being technologically and competitively neutral with respect to enforcement compliance with its Phase II rules, while promoting the deployment of wireless E911 in an efficient and effective manner: (1) The level of ALI accuracy and reliability the carrier plans to offer with its ALI technolo- gies. This information should include field test results of such technologies in various geographical environments, such as "urban canyons," suburban and rural locations, mountainous and other similar terrain, and inside buildings. (2) When the carrier plans to start offering ALI-capable handsets to its customers. This in formation should include documented timetables and milestones regarding the deploy ment projections for ALI-capable handsets. In particular, we would find it useful to have information on the expected implementation rate for ALI under the requested waiver, including the likely rate at which non-ALI capable handsets would be replaced or upgraded. (3) Steps the carrier will take with respect to minimizing problems associated with non-ALI capable handsets. This information should include an analysis of estimated cost of up- grading or replacing existing handsets based on the options explored by the carrier. (4) Steps the carrier plans to take to address roamer situations, together with any available information regarding the volume of 911 calls made by roamer customers in the carrier's service area. Because the ALI technology issue is one that affects all wireless carriers subject to the E911 requirements, it is possible that a general waiver or set of waiver options may be one way of addressing the handset-based technology issue. The grant of interim waivers pending the adop tion of permanent rule changes may also be appropriate. Waiver requests and comments should address any legal or other issues that might be raised by the grant of either individual or general waivers, on an interim or permanent basis. 3. Filing Schedules and Instructions To assist us in evaluating these issues in a comprehensive manner, we recommend that waiver requests be filed not later than February 4, 1999. Oppositions should be filed not later than February 16, 1999. Replies should be filed not later than February 22, 1999. Waiver re- quests may be filed before or after the date established in this schedule, but adherence to such fil ing date should facilitate more efficient and expeditious treatment of pending petitions. We also note that application for or grant of a waiver does not obligate the carrier to use the waiver; if a carrier wishes, it may decide to comply with the rules in effect rather than employ a granted waiv- er. To file formally in this proceeding, participants must file an original and five copies of all petitions, oppositions, and replies. If participants want each Commissioner to receive a personal copy of their comments, an original and ten copies must be filed. All pleadings should be filed with the Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C., 20554, referencing CC Docket No. 94-102. Paper filings will also be received at a designated counter located at TW-A325 in the 12th Street lobby of the Portals II Office Building from 8:30 a.m. to 5:30 p.m., Monday through Friday, except holidays. During the tran sition period of the Commission's relocation to the Portals II Office Building, the Office of the Secretary will accept paper filings at 1919 M Street, N.W., Room 222, but only from 4:00 p.m. to 5:30 p.m., Monday through Friday, except holidays. Requests for waiver that are formally opposed are generally treated as restricted proceed- ings, where ex parte presentations are prohibited. The Commission may modify its ex parte rules, however, if it determines that the public interest would be served. Because these waiver petitions and responsive comments will be included in CC Docket No. 94-402, and may be con sidered in the context of the ongoing wireless E911 rulemaking, we believe that it is appropriate to treat these as "permit but disclose" proceedings. Pursuant to our delegated authority, we have determined that it is in the public interest to permit ex parte presentations relating to peti tions for waiver of Section 20.18(c), so long as the presentations are disclosed in accordance with Section 1.1206 of the Commission's Rules. 4. Paperwork Reduction Act Analysis This Public Notice contains an information collection that will be submitted to the Office of Management and Budget (OMB) under the emergency provisions of the Paperwork Reduction Act of 1995. The Commission estimates responding to this collection will take approximately 40 hours per respondent. This estimate includes the time to read instructions, review existing data, gather and maintain the required data and complete the waiver request. The Commission will publish a Federal Register Notice providing the OMB control number and expiration date upon OMB approval. 5. Further Information For further information contact Won Kim or Dan Grosh at 202-418-1310, Wireless Tele- communications Bureau, Policy Division. -FCC-