DA 01- 1816

Released: July 30, 2001

**WTB SEEKS COMMENT ON WIRELESS E911 PHASE II WAIVER REQUEST FILED BY
QWEST WIRELESS, LLC AND TW WIRELESS, LLC**

**CC DOCKET NO. 94-102**

# Comments Due: August 20, 2001

# Reply Comments Due: August 30, 2001

Federal Communications Commission (Commission) rules require wireless
carriers to begin to deploy the capability to identify the precise
location of wireless 911 calls beginning on October 1, 2001, provided
that certain conditions are met.[^1] This capability is called Phase II
Automatic Location Identification (ALI). The Phase II rules establish
deployment schedules and set accuracy and reliability requirements for
both handset-based and network-based ALI technologies.[^2]

On July 23, 2001, Qwest Wireless LLC and TW Wireless, LLC (Qwest
Wireless) requested a limited waiver of the Phase II rules to permit it
to deploy an assisted-global positioning satellite (A-GPS) hybrid E-911
Phase II solution on a schedule that deviates from the schedule
contained in the Commission's rules.[^3] Specifically, Qwest Wireless
seeks a limited waiver of the following Commission rules: (1) Section
20.18(e), which establishes the requirement to provide Phase II service
to Public Safety Answering Points (PSAPs); (2) the benchmark dates in
Section 20.18(g)(1)(i)-(iv), governing the sale and activation of
location capable handsets; and (3) Section 20.18 (g)(2), which
establishes the E-911 Phase II network provisioning obligations
associated with a hybrid solution. [^4]

Qwest Wireless asserts that its decision to change its location
technology from a network-based solution to a hybrid solution makes it
necessary to seek waiver because of the availability of its desired
location-capable handsets. [^5] In order to deploy its A-GPS hybrid
solution, Qwest Wireless proposes the following schedule: begin selling
and activating location-capable handsets by December 31, 2001; ensure
that at least 25 percent of all new handsets activated are
location-capable by March 31, 2002; ensure that at least 50 percent of
all new handsets activated are location-capable by December 31, 2002;
and ensure that 100 percent of all new handsets activated are
location-capable by March 31, 2003. Qwest does not seek relief from the
December 31, 2005, 95 percent penetration requirement.

Additionally, Qwest Wireless asserts that because a hybrid solution
incorporates a network component, and because its network vendors cannot
provide E911 Phase II equipment according to the existing 20.18(g)(2)
schedule, a waiver of these requirements also is necessary. [^6] In
markets served by Lucent switches, Qwest Wireless requests an extension
until the end of December 2001 to deploy its network upgrades. In
markets served by Nortel switches, Qwest Wireless requests until October
2002 to deploy its network upgrades.

Further, Qwest Wireless claims that its request for a limited extension
promotes safety and is in the public interest because the A-GPS Phase II
solution will allow for the provision of more accurate information to
PSAPs.[^7]

We seek comment on this waiver request. Parties interested in filing
comments may do so on or before **August 20, 2001** and may file reply
comments on or before **August 30, 2001**.

This is a \"permit but disclose\" proceeding pursuant to § 1.1206 of the
Commission\'s Rules.[^8] Presentations to or from Commission
decision-making personnel are permissible provided that *ex parte*
presentations are disclosed pursuant to 47 C.F.R. § 1.1206(b).

Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies. Comments filed through the ECFS
can be sent as an electronic file via the Internet to
[http://www.fcc.gov/e-file/ecfs.html]{.underline}. In completing the
transmittal screen, commenters should include their full name, Postal
Service mailing address, and the docket number of this proceeding.
Parties that choose to file by paper must file an original and four
copies of each filing with the Office of the Secretary, Federal
Communications Commission, 445 12^th^ Street, S.W., Washington, D.C.
20554, and a diskette copy with the Commission's copy contractor
International Transcription Service, Inc. (ITS), Room CY-B400, Federal
Communications Commission, 445 12^th^ Street, S.W., Washington, D.C.
20554. The filing should include the docket number of this proceeding:
CC Docket No. 94-102. Filings and comments are also available for
inspection and copying during regular business hours in the Reference
Information Center, Federal Communications Commission, Court Yard Level,
Room CY-A257, 445 12^th^ Street, S.W., Washington, D.C. or may be
purchased from ITS.

For further information concerning this proceeding, contact Andra
Cunningham, Policy Division, Wireless Telecommunications Bureau, at
(202) 418-1630.

[^1]: *See* 47 C.F.R. §§20.18(e)-(j).

[^2]: 47 C.F.R. §§20.18(f)-(h).

[^3]: *Qwest Wireless LLC and TW Wireless LLC Petition for Extension of
    Time or Waiver of Section 20.18 of the Rules*, CC Docket 94-102
    (filed July 23, 2001) (*Qwest Wireless Petition*).

[^4]: *See* 47 C.F.R. §§20.18(e) and (g).

[^5]: *Qwest Wireless Petition* at 2-4, 18.

[^6]: *Id*. at 5.

[^7]: *Id*. at 6-7.

[^8]: 47 C.F.R. § 1.1206.