News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.govPUBLIC NO- TICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 DA 99-895 May 13, 1999 WIRELESS TELECOMMUNICATIONS BUREAU REPORTS ON STATUS OF PENDING TTY WAIVER PETITIONS CC Docket No. 94-102 The purpose of this Public Notice is to report on the status of the pending petitions for waiver of Section 20.18(c) of the Commission's Rules. In light of recent industry developments to address the problem of the incompatibility of text telephone (TTY) devices and digital wireless systems, the Wireless Telecommunications Bureau will not be taking action on the pending petitions at this time. After the Commission has had the opportunity to assess more fully these new developments, we will provide additional guidance with regard to the pending petitions. In the E911 First Report and Order the Commission required that, as of October 1, 1997, all covered wireless carriers 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 TTY devices. Carriers operating digital wireless systems have not been able to meet this requirement because digital systems are not able to accurately pass the Baudot-encoded audio tones produced by TTY devices. Recognizing the technical difficulties associated with transmitting TTY calls on digital systems, the Commission, and the Wireless Telecommunications Bureau (Bureau) under delegated authority, suspended enforcement of the TTY requirement for digital systems until December 31, 1998. In November 1998, the Bureau released an Order announcing that it would accept petitions for waiver of Section 20.18(c) for carriers that could not comply with this rule as of December 31, 1998 and in response, received over 100 such petitions. The Commission indicated, in an Order adopted on December 30, 1998, that all parties filing waiver petitions would receive "temporary waivers," and that each party's waiver petition would subsequently be evaluated to determine if justification existed for the grant of a permanent waiver. These petitions currently remain pending. Since September 1997, the Wireless TTY Forum (Forum) an organization consisting of wireless carriers, wireless equipment manufacturers, manufacturers of TTY devices, emergency and relay service providers, and consumer organizations representing individuals who are deaf or hard-of-hearing has been meeting in an effort to develop solutions that will enable TTY users to make 911 calls on digital networks. At the most recent meeting of the Forum, on January 26, 1999, Lucent Technologies (Lucent) presented a potential solution to the TTY/digital problem. Lucent's proposed solution appears to be promising, and may provide a nearly zero percent error rate for TTY transmissions on digital phones. If proven to be viable, Lucent's solution will enable consumers to use existing TTYs in conjunction with digital phones, and achieve error rates as good as achievable with analog wireless telephones. Lucent has begun to test its proposed solution, and has indicated to Commission staff that the solution could be applicable to all digital wireless technologies. Lucent has also indicated that, if testing proves successful, it hopes to begin incorporating the solution into software upgrades for PCS and digital cellular base stations by early next year. Handsets too will have to be modified in order to fully implement this potential solution and, depending on the particular digital handsets, software and/or hardware modifications may be required. Thus, in this Public Notice, we announce that, with the emergence of this new, potential solution which may have an impact on covered carriers' plans to address the requirements of Section 20.18(c), we are maintaining the temporary waivers that were granted to such carriers in December 1998 and are deferring further action on the pending waiver petitions at this time. In addition to making this announcement, we would like to take this opportunity to thank the members of the Forum, who have devoted their time toward resolving the technical problems associated with the incompatibility of TTY devices and digital wireless systems. We believe the environment created by the Forum has helped facilitate the development of Lucent's potential solution, and we look forward to the Forum's continued work in helping to test and evaluate it. Finally, we understand that other companies are in the process of developing alternative approaches so that TTY devices may be used on digital wireless systems. We encourage their continued effort and ask them to keep us apprised of any progress they are making. We do not believe that Lucent's proposed solution should preclude the implementation of other viable solutions that will allow carriers to meet our rules in an expeditious manner. In the event that Lucent's solution does not prove to be applicable to all digital technologies, we will expect carriers, manufacturers, and consumers to work together to develop such solutions. We emphasize that persons with disabilities who rely on TTY devices must be able to use 911 in emergencies, when lives may depend on effective communication with public safety personnel. That is why the Americans with Disabilities Act requires non-discriminatory access to State and local government services such as 911 for people with speech or hearing disabilities. The requirements established in Section 20.18(c) will provide significant benefits to individuals who are deaf, hard-of-hearing, or who have speech disabilities, and the Commission will continue to take any and all steps necessary to ensure compliance with such requirements. Copies of this Public Notice in alternative formats (computer diskette, large print, audio cassette, and Braille) are available to persons with disabilities by contacting Martha Contee at (202) 418-0260 voice, (202) 418-2555 TTY, or at mcontee@fcc.gov. The Public Notice also will be available at: http://www.fcc.gov/dtf/. For further information regarding this Public Notice, contact Marty Liebman, Wireless Telecommunications Bureau, Policy Division, at (202) 418-1310 voice, or (202) 418-7233 TTY. By the Chief, Wireless Telecommunications Bureau. - FCC -