Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems; Request for Limited Waiver by SouthernLINC Wireless

Download Options

Released: December 31, 1969

Federal Communications Commission

DA 09-13

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Revision of the Commission's Rules to Ensure
)
CC Docket No. 94-102
Compatibility with Enhanced 911 Emergency
)
Calling Systems
)
)
Request for Limited Waiver by SouthernLINC
)
Wireless
)

ORDER

Adopted: January 7, 2009

Released: January 7, 2009

By the Chief, Public Safety and Homeland Security Bureau:

I.

INTRODUCTION

1.
In this Order, we address a request for relief, as amended, from the Commission's
wireless Enhanced 911 (E911) Phase II requirements filed by Southern Communications Services, Inc.
d/b/a SouthernLINC Wireless (SouthernLINC),1 a Tier III wireless service provider.2 In its Initial
Request, SouthernLINC asked that, for the limited purpose of determining compliance with its August 15,
2008 deadline for complying with the 95 percent penetration requirement set out in Section 20.18(g)(1)(v)
of the Commission's rules,3 the Commission permit SouthernLINC to exclude high powered handsets
(i.e., 1 watt or greater) used by its public safety and emergency first responder subscribers.4
Alternatively, SouthernLINC requested that the Commission grant an additional extension, until June 30,
2009, to achieve 95 percent penetration.5 In its Amended Request, SouthernLINC reported that it had
achieved 95 percent penetration of location capable handsets on September 8, 2008.6 SouthernLINC asks


1 Request for Limited Waiver by SouthernLINC Wireless, CC Docket No. 94-102 (filed Jul. 18, 2008) (Initial
Request); Amendment to Request for Limited Waiver by SouthernLINC Wireless, CC Docket No. 94-102 (filed
Sept. 29, 2008) (Amended Request). In support of its Initial Request, SouthernLINC submitted certain information
under a request for confidential treatment pursuant to Section 0.459 of the Commission's rules. Because this Order
discusses only that information already made public by SouthernLINC, we need not rule on SouthernLINC's request
at this time. Pending any decision on SouthernLINC's confidentiality request, we will treat this information as
confidential. See 47 C.F.R. 0.459(d)(1).
2 Tier III carriers are non-nationwide Commercial Mobile Radio Service (CMRS) providers with no more than
500,000 subscribers as of the end of 2001. See Revision of the Commission's Rules to Ensure Compatibility with
Enhanced 911 Emergency Calling Systems; Phase II Compliance Deadlines for Non-Nationwide Carriers,
CC Docket No. 94-102, Order to Stay, 17 FCC Rcd 14841, 14848 22 (2002).
3 47 C.F.R. 20.18(g)(1)(v) (requiring, under stated conditions, licensees to achieve 95% penetration among their
subscribers of location-capable handsets no later than December 31, 2005).
4 Initial Request at 1-2. Pursuant to an earlier order, we granted SouthernLINC relief until August 15, 2008 to
achieve 95% penetration. See Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911
Emergency Calling Systems; Request for Further Limited Waiver by SouthernLINC Wireless, CC Docket No. 94-
102, Order, 23 FCC Rcd 2003, 2009 16 (PSHSB 2008) (Waiver Order).
5 Initial Request at 2.
6 Amended Request at 1.

Federal Communications Commission

DA 09-13

that, as a result, the Commission extend the existing August 15, 2008 deadline only until September 8,
2008, when it achieved compliance.7 In light of achieving the 95 percent benchmark, SouthernLINC also
seeks relief from the reporting requirements imposed in the Waiver Order.8

II.

DISCUSSION

2.
SouthernLINC achieved 94.85 percent compliance as of July 28, 2008,9 and full
compliance with the 95 percent benchmark approximately three weeks following its August 15th deadline.
We find that the 0.15 percent variance from the 95 percent compliance benchmark coupled with the short
delay before SouthernLINC achieved 95 percent compliance constitute a de minimis exception and, as a
result, we grant, nunc pro tunc, SouthernLINC's Amended Request for an extension until September 8,
2008.
3.
In light of SouthernLINC's achievement of 95% penetration of location-capable
handsets, we also amend the previously-imposed reporting requirements. Specifically, we will require
SouthernLINC to file quarterly reports every February 1, May 1, August 1, and November 1, through
August 1, 2009, on: (1) the number and status of Phase II requests from PSAPs, including those requests
it may consider invalid; and (2) the dates on which Phase II service has been implemented or will be
available to PSAPs served by its network.

III.

ORDERING CLAUSE

4.
Accordingly, IT IS ORDERED that the Amendment to Request for Limited Waiver filed
September 29, 2008 by Southern Communications Services, Inc. d/b/a SouthernLINC Wireless IS
GRANTED as described herein.
5.
This action is take under delegated authority pursuant to Sections 0.191 and 0.392 of the
Commission's rules, 47 C.F.R. 0.191, 0.392.
FEDERAL COMMUNICATIONS COMMISSION
Derek K. Poarch
Chief,
Public Safety and Homeland Security Bureau


7 See id.
8 See id. at 1-2, citing Waiver Order, 23 FCC Rcd at 2008-9 15.
9 See SouthernLINC Wireless E911 Phase II Quarterly Report (filed Aug. 1, 2008) at 10.
2

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.