> DA 03-1868

May 30, 2003

Mr. Robert L. Pettit

Wiley Rein & Fielding LLP

1776 K Street, N.W.

Washington, D.C. 20006

Dear Mr. Pettit:

This letter responds to your letter on behalf of Nokia Inc. (Nokia)
dated May 27, 2003,[^1] seeking clarification of the Wireless
Telecommunications Bureau's (Bureau's) *Nokia Waiver Order*.[^2] You
explain that a clarification of the *Nokia Waiver Order* is needed so
that Nokia's training program will accurately cover its requirements.

In the *Second Report and Order*,[^3] the Commission adopted section
22.921 to help improve 911 call completion.[^4] In that order, the
Commission delegated authority to the Wireless Telecommunications Bureau
(Bureau) to consider and approve, deny, or approve with modification new
or revised 911 call processing modes.[^5]

On October 27, 1999, Nokia filed a letter with the Bureau requesting
approval for a 911 call completion method for Nokia's multi-mode
products.[^6] Nokia's method was substantially similar to the Automatic
A/B Roaming-Intelligent Retry (A/B-IR) method approved by the
Commission.[^7] Based on its delegated authority and its finding that
the method appeared reasonable in both analog and digital modes, the
Bureau approved Nokia's method[^8] subject to two conditions:

First, the *Nokia Waiver Order* approved, as a feature in Nokia's
method, customer feedback regarding the status of the call until the
call is completed.[^9] Accordingly, the handset must provide effective
feedback to inform the user when 911 call processing is underway and has
not finished.

Second, Nokia's method included a time limit for access attempts similar
to the time requirement for the A/B-IR method.[^10] Under the *Nokia
Waiver Order,* the 17-second time limit is applicable to access
attempts.[^11] The *Nokia Waiver Order* approved Nokia's method with the
understanding that the handset must first attempt to complete the 911
call with the carrier operating the presently acquired system, and if
the access attempts on that system are not successful within 17 seconds,
the handset must automatically attempt to make the call on another
network.[^12] Under Nokia's algorithm, as approved, access attempts are
deemed unsuccessful if the handset has not received a voice or traffic
channel assignment within 17 seconds. Accordingly, the initial access
attempts on the presently acquired system must not exceed 17 seconds,
regardless of whether the handset is operating in the digital or analog
mode, before the handset attempts to call on another network.[^13]

Overall, then, for purposes of its training program, Nokia may consider
that its revised 911 call processing method was approved as described in
its October 27, 1999 request, subject to the two conditions described
above and, specifically, to the modification of its handsets to set a
time limit on access attempts as described in its December 30, 1999 *ex
parte* Letter.

I hope that this clarification will assist you in ensuring Nokia's
compliance with the requirements of the *Nokia Waiver Order.*

Sincerely,

##  John B. Muleta

Chief,

Wireless Telecommunications Bureau

[^1]: *See* Letter from Robert L. Pettit, Counsel for Nokia, Inc., to
    John Muleta, Chief, Wireless Telecommunications Bureau, Federal
    Communications Commission (May 27, 2003) (Request).

[^2]: 911 Call Processing Modes, WTB Docket No. 99-328, *Order*, 15 FCC
    Rcd 1911 (2000) (*Nokia Waiver Order*).

[^3]: 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*).

[^4]: 47 C.F.R. § 22.921. This rule requires new analog wireless
    handsets, and multimode handsets when operating in analog mode, to
    be able to complete 911 calls to either analog carrier in an area,
    regardless of the programming of the handset for non-911 calls. The
    Commission sought to implement this rule through an equipment
    manufacturing requirement and its equipment authorization process
    while believing that implementation of the rule would require a
    relatively minor change to the phone's programming. *See Second
    Report and Order,* 14 FCC Rcd at 10992- 93.

[^5]: *Second Report and Order*, 14 FCC Rcd at 10993, 10995.

[^6]: Letter from David Siddall, Counsel to Nokia, to Thomas Sugrue,
    Chief, Wireless Telecommunications Bureau, Oct. 27, 1999 (Nokia's
    1999 Request).

[^7]: In the *Second Report and Order*, the Commission approved three
    proposed 911 call processing modes including the A/B-IR method,
    while stating general principles for other acceptable modes and
    encouraging the development of further improvements in 911 call
    completion. *See Second Report and Order* at 10993. *See also Nokia
    Waiver Order,* 15 FCC Rcd at 1913.

[^8]: *Nokia Waiver Order,* 15 FCC Rcd at 1914-15. The Bureau also
    granted Nokia additional time to complete software changes to
    implement its method. *See id.* at 1915.

[^9]: *Nokia Waiver Order,* 15 FCC Rcd at 1912-13, and 1915.

[^10]: In response to WCA's comments that Nokia's proposal did not
    specify the duration of the call attempt with the preferred carrier,
    Nokia clarified that its multi-mode handsets will comply with the
    time limits for access attempts approved by the Commission for the
    A/B-IR method, specifically the 17-second limit, whether the handset
    is operating in the digital or the analog mode. Letter from Davis R.
    Siddall, Counsel to Nokia, Inc., to Magalie Roman Salas, Secretary,
    Federal Communications Commission, WT Docket No. 99-328, at 3, n.7
    (Dec. 30, 1999) (Nokia December 30 *ex parte* Letter). The 17-second
    time limit for initial call attempt with the preferred carrier
    limits possible lock-in problems as well as other delays when the
    call cannot be handled by that carrier for some reason. *See Nokia
    Waiver Order,* 15 FCC Rcd at 1913. *See also Second Report and
    Order,* 14 FCC Rcd at 10988.

[^11]: *See Nokia Waiver Order,* 15 FCC Rcd at 1913-14.

[^12]: *Nokia Waiver Order,* 15 FCC Rcd at 1913-15.

[^13]: The Bureau found that the carrier operating the "presently
    acquired system," normally the caller's preferred carrier, is likely
    to be the carrier best able to deliver the call quickly and reliably
    while supporting the handset's features, such as location capability
    when that feature becomes available. *See Nokia Waiver Order,* 15
    FCC Rcd at 1914.