Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | WT Docket No. 99-328         |
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| Qualcomm Incorporated            | ) |                              |
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| Petition For Waiver of Section   | * |                              |
| 22.921                           |   |                              |
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**ORDER**

**Adopted:** October 27, 2000 **Released:** October 30, 2000

By the Chief, Wireless Telecommunications Bureau:

# INTRODUCTION AND BACKGROUND

1.  To help improve 911 call completion, the Commission, in its *Second
    Report and Order* in the Wireless E911 Rulemaking, CC Docket No.
    94-102, adopted Section 22.921, which requires that analog wireless
    handsets and multimode handsets manufactured after February 13,
    2000, incorporate a special procedure for processing 911 calls.[^1]
    Under this rule, callers who originate 911 calls in the analog mode
    must be able to complete 911 calls to either analog carrier in an
    area regardless of the programming of the handset for non-911
    calls.[^2] In the *Second Report and Order*, the Commission approved
    three specific 911 call processing methods for call completion \--
    Automatic A/B Roaming with Intelligent Retry (Automatic Retry),
    Adequate/Strongest Signal and Selective Retry.[^3]

2.  On August 31, 2000, Qualcomm Incorporated (Qualcomm) filed a
    Petition for Waiver (Petition) of Section 22.921 of the Commission's
    Rules with the Wireless Telecommunications Bureau (Wireless Bureau).
    Specifically, Qualcomm seeks the Commission's permission to continue
    to manufacture, until November 30, 2000, Qualcomm's TriMode Portable
    User Terminal handset (Terminal) designed primarily for operation
    with Globalstar USA, Inc.'s (GUSA) satellite network system.[^4]
    Qualcomm indicates that its Terminals may operate in satellite,
    digital cellular or analog cellular modes, but that satellite is the
    principal mode of operation.[^5] Qualcomm states that the Terminal
    provides 911 call completion in all three operating modes, but does
    not incorporate an approved call completion capability for 911 calls
    in the analog mode.[^6] Qualcomm further states that it only
    recently became aware that Section 22.921 applied to Terminals
    manufactured in the United States after February 13, 2000 and cites
    corporate restructuring from the sale of the division responsible
    for manufacture of its handsets and the resulting loss of regulatory
    compliance expertise as the cause of its non-compliance.[^7]

3.  Qualcomm claims that none of the Terminals manufactured after
    February 13, 2000 has entered the U.S. market.[^8] Qualcomm believes
    that development, testing and installation of software that
    incorporates Automatic A/B Roaming-Intelligent Retry in its
    Terminals presently awaiting shipment to or held by its distributors
    can be completed within three months.[^9] Further, Qualcomm states
    that it will not deliver Terminals to end users in the U. S. until
    they have been made compliant with Section 22.921.[^10] Moreover,
    Qualcomm intends to provide the software for all Terminals, even
    those manufactured before February 13, 2000, that are returned for
    service or repair.

4.  The Bureau sought comment on Qualcomm's request;[^11] GUSA filed
    comments in support of granting the waiver. No party filed comments
    opposing the waiver. GUSA argues that grant of the requested waiver
    would ensure worldwide availability of enhanced emergency calling
    capabilities without undermining the purpose of Section 22.921.[^12]

    **DISCUSSION**

5.  By its terms, Section 22.921 is applicable to all handsets capable
    of operating in analog mode manufactured after February 13, 2000.
    All manufacturers of handsets capable of operating in analog
    cellular mode, regardless of whether this may be the handset's
    secondary or tertiary operating mode, should be aware of the need to
    comply with this requirement. Indeed, as recently as June 30, 2000,
    two months before Qualcomm filed its Petition for Waiver, the
    Wireless Bureau issued an Order addressing issues similar to those
    that Qualcomm presents.[^13] We note, however, that issues
    concerning Qualcomm's compliance with Section 22.921 in the
    manufacture of Terminals after February 13, 2000 are being addressed
    collaterally through a Consent Decree today adopted by the
    Commission's Enforcement Bureau (Consent Decree).[^14]

6.  We find that a limited waiver of Section 22.921 until November 30,
    2000 to permit the continued manufacture of Qualcomm's Terminals is
    justified to afford consumers continued access to mobile satellite
    service. In many instances, as Qualcomm and GUSA point out, mobile
    satellite service may provide an important additional emergency
    telecommunications resource, especially to callers located in remote
    and rural areas and callers located in underpopulated regions where
    neither landline nor terrestrial mobile services exists.[^15] Mobile
    satellite systems, such as the Globalstar system, can provide
    continuous, reliable coverage in many areas where cellular coverage
    is patchy. For this reason, emergency and disaster relief
    organizations such as the American Red Cross increasingly rely upon
    satellite technology.[^16]

7.  Moreover, we find that a waiver is justified in light of the fact
    that Qualcomm represents that no non-compliant Terminals have been
    distributed in the U.S. Further, Qualcomm commits that all terminals
    manufactured after February 13, 2000, even those manufactured during
    the waiver period, will be fitted with the new call completion
    software before being distributed in the United States.[^17]
    Qualcomm also commits to offer the software upgrade to any GUSA
    customer who seeks it and will automatically upgrade the software in
    any phone returned for service or repair, even if manufactured prior
    to February 13, 2000.[^18] In view of these commitments, we believe
    that Qualcomm has taken adequate steps to ensure that there will be
    no detriment to the public safety occasioned by grant of this
    waiver.

8.  Thus, to enable Qualcomm to incorporate the necessary modifications
    into its Terminals to make them fully compliant with 47 C.F.R. §
    22.921, we conclude that it is in the public interest to grant
    Qualcomm's request for a limited extension of time to come into full
    compliance with the rule. We condition this grant upon Qualcomm's
    execution of the remedial measures outlined in this Order and the
    Consent Decree.[^19]

9.  Accordingly, IT IS ORDERED that Qualcomm's request for a temporary
    waiver of Section 22.921 of the Commission's Rules, until November
    30, 2000 IS GRANTED to the extent indicated herein.

    FEDERAL COMMUNICATIONS COMMISSION

    Thomas J. Sugrue

    Chief, Wireless Telecommunications Bureau

[^1]: Revision of the Commission's Rules to Ensure Compatibility With
    Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Second
    Report and Order, 14 FCC Rcd 10954 (1999) (*Second Report and
    Order*). 47 C.F.R. §22.921.

[^2]: 47 C.F.R. §22.921. *See also* Revision of the Commission's Rules
    to Ensure Compatibility With Enhanced 911 Emergency Calling Systems,
    CC Docket No. 94-102, Third Memorandum Opinion and Order, 15 FCC Rcd
    1144, 1146-47 (2000) (*Third Memorandum Opinion and Order*) at
    paras. 5-8.

[^3]: *Second Report and Order*, 14 FCC Rcd at 10967-87. The Bureau
    subsequently approved two alternative 911 call completion methods.
    *See* 911 Call Processing Modes, WT Docket No. 99-328, Order DA
    00-253, Feb. 11, 2000, 2000 WL 145986 (*Ericsson Order)*; 911 Call
    Processing Modes, WT Docket No. 99-328, Order 15 FCC Rcd 1911 (2000)
    (*Nokia Order*).

[^4]: Qualcomm Petition at 1. GUSA is the exclusive provider of
    Globalstar Mobile Satellite Services in the United States. *Id*. at
    3-4.

[^5]: *Id*. at 2-3. To enable terrestrial operation with the Terminal, a
    user must purchase a cellular service contract with a digital or
    analog service provider. *Id.* at 4.

[^6]: *Id.* at 4-5. GUSA clarifies that when a Globalstar Terminal is
    operating in satellite mode, GUSA directs 911 calls to a service
    bureau which may transfer the call to an appropriate PSAP. GUSA
    Comment at 5-6. As GUSA notes, the Commission does not currently
    impose E911 capability requirements on mobile satellite services.
    However, while the Commission continues to examine whether to impose
    wireless E911 rules on certain satellite services, it expects
    licensees of such services to coordinate with public safety agencies
    to develop emergency access services. The Establishment of Policies
    and Service Rules for the Mobile Satellite Service in the 2 GHz
    Band, IB Docket No. 99-81, Notice of Proposed Rulemaking, 14 FCC Rcd
    4843, 4884-86 (1999), *Report and Order*, FCC 00-302, adopted Aug.
    14, 2000, released Aug. 25, 2000; Amendment of Parts 2 and 25 to
    Implement the Global Mobile Personal Communications by Satellite
    (GMPCS) Memorandum of Understanding and Arrangements, IB Docket No.
    99-67, *Notice of Proposed Rulemaking*, 14 FCC Rcd 5871, 5907-08
    (1999).

[^7]: *Id.* at 5.

[^8]: *Id.* at 6.

[^9]: *Id.*

[^10]: *Id.*

[^11]: Public Notice, "WTB Seeks Comment on Request for Temporary Waiver
    of Wireless 911 Call Processing Rules by Qualcomm Incorporated," DA
    00-2048, released Sept. 7, 2000.

[^12]: *See* GUSA Comment at 4-5.

[^13]: In the Matter of Samsung Telecommunications America, Inc. and
    Samsung Electronics Co., Ltd., Request for Temporary Relief
    Regarding 911 Call Completion Processing Modes, WT Docket No.
    99-328, Order, 15 FCC Rcd 11708 (2000) (*Samsung Order*).

[^14]: In the Matter of Qualcomm Incorporated, Order, DA 00-2431, (Enf.
    Bureau), released October 30, 2000. (*Consent Decree*).

[^15]: Qualcomm Petition at 3; GUSA Comment at 5.

[^16]: Qualcomm Petition at 8.

[^17]: *Id.* at 6.

[^18]: *Id.* at 10.

[^19]: *See* Consent Decree.