Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| **In the Matter of**             | *  | **CC Docket No. 94-102**     |
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| **Revision of the Commission's   | ** |                              |
| Rules to Ensure Compatibility    |    |                              |
| with Enhanced 911 Emergency      | *  |                              |
| Calling Systems**                | *) |                              |
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| **Request for Waiver By Southern |    |                              |
| Communications Services, Inc.    | *  |                              |
| d/b/a SouthernLINC Wireless**    | *) |                              |
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**ORDER**

**Adopted: November 3, 2005 Released: November 3, 2005**

By the Commission:

# Introduction

1.  In this *Order*, we address a request for relief from the
    Commission's wireless Enhanced 911 (E911) Phase II requirements
    filed by Southern Communications Services, Inc. d/b/a Southern LINC
    Wireless (SouthernLINC), a Tier III wireless service provider[^1] in
    Georgia, Alabama, southeastern Mississippi and the Florida
    panhandle.[^2] Specifically, SouthernLINC seeks an extension of time
    to comply with the requirement in Section 20.18(g)(1)(v) of the
    Commission's Rules that carriers employing a handset-based E911
    Phase II location technology must achieve ninety-five percent
    penetration, among their subscribers, of location-capable handsets
    by December 31, 2005.[^3]

2.  Timely compliance with the Commission's wireless E911 rules ensures
    that the important public safety needs of wireless callers requiring
    emergency assistance are met as quickly as possible. In analyzing
    requests for extensions of the Phase II deadlines, the Commission
    has afforded relief only when the requesting carrier has met the
    Commission's standard for waiver of the Commission's rules.[^4]
    Where carriers have met the standard, the relief granted has
    required compliance with the Commission's rules and policies within
    the shortest practicable time.[^5] We are also mindful of Congress'
    directive in the ENHANCE 911 Act to grant waivers for Tier III
    carriers of the ninety-five percent penetration benchmark if "strict
    enforcement . . . would result in consumers having decreased access
    to emergency services."[^6]

3.  Pursuant to the ENHANCE 911 Act, and based on the record before us,
    we find that some relief from the ninety-five percent handset
    penetration requirement, until November 3, 2006, is warranted
    subject to certain conditions described below. These conditions are
    particularly important because SouthernLINC has failed to
    demonstrate a "clear path to full compliance" with the Commission's
    December 31, 2005, handset penetration requirement consistent with
    the Commission's E911 waiver standards.[^7]

# Background

## Phase II Requirements

4.  The Commission's E911 Phase II rules require wireless licensees to
    provide Public Safety Answering Points (PSAPs) with Automatic
    Location Identification (ALI) information for 911 calls.[^8]
    Licensees can provide ALI information by deploying location
    information technology in their networks (a network-based
    solution),[^9] or Global Positioning System (GPS) or other location
    technology in subscribers' handsets (a handset-based solution).[^10]
    The Commission's rules also establish phased-in schedules for
    carriers to deploy any necessary network components and begin
    providing Phase II service.[^11] However, before a wireless
    licensee's obligation to provide E911 service is triggered, a PSAP
    must make a valid request for service, *i.e.*, the PSAP must be
    capable of receiving and utilizing the data elements associated with
    the service and must have a mechanism in place for recovering its
    costs.[^12]

5.  In addition to deploying the network facilities necessary to deliver
    location information, wireless licensees that elect to employ a
    handset-based solution must meet the handset deployment benchmarks
    set forth in Section 20.18(g)(1) of the Commission's Rules,
    independent of any PSAP request for Phase II service.[^13] After
    ensuring that 100 percent of all new digital handsets activated are
    location-capable, licensees must achieve ninety-five percent
    penetration among their subscribers of location-capable handsets
    among their subscribers no later than December 31, 2005.[^14]

## Waiver Standards

6.  The Commission has recognized that smaller carriers may face
    "extraordinary circumstances" in meeting one or more of the
    deadlines for Phase II deployment.[^15] The Commission previously
    has stated its expectations for requests for waiver of the E911
    Phase II requirements. Waiver requests must be "specific, focused
    and limited in scope, and with a clear path to full compliance.
    Further, carriers should undertake concrete steps necessary to come
    as close as possible to full compliance . . . and should document
    their efforts aimed at compliance in support of any waiver
    requests."[^16] The Commission also noted, in considering earlier
    requests for relief by Tier III carriers, that it

    expects all carriers seeking relief to work with the state and local
    E911 coordinators and with all affected PSAPs in their service area,
    so that community expectations are consistent with a carrier's
    projected compliance deadlines. To the extent that a carrier can
    provide supporting evidence from the PSAPs or state or local E911
    coordinators with whom the carrier is assiduously working to provide
    E911 services, this would provide evidence of its good faith in
    requesting relief.[^17]

7.  In applying the above criteria, the Commission has in the past
    recognized that special circumstances particular to smaller carriers
    may warrant limited relief from the E911 requirements. For example,
    the Commission has noted that some Tier III carriers face unique
    hurdles such as significant financial constraints, small and/or
    widely dispersed customer bases, and large service areas that are
    isolated, rural or characterized by difficult terrain (such as dense
    forest or mountains), along with a corresponding reduced customer
    willingness to forgo existing handsets that may provide expanded
    range, but are not location-capable.[^18] In evaluating requests for
    waiver from Tier III carriers, the Commission, therefore, has
    considered challenges unique to smaller carriers facing these
    circumstances.

8.  Finally, distinct from the Commission's rules and established
    precedent regarding waivers of the E911 requirements, in December
    2004 Congress enacted the Ensuring Needed Help Arrives Near Callers
    Employing 911 Act of 2004 (ENHANCE 911 Act).[^19] The ENHANCE 911
    Act*, inter alia,* directs the Commission to act on any petition
    filed by a qualified Tier III carrier requesting a waiver of Section
    20.18(g)(1)(v) within 100 days of receipt, and grant such request
    for waiver if "strict enforcement of the requirements of that
    section would result in consumers having decreased access to
    emergency services."[^20]

## Request for Waiver

9.  SouthernLINC is a Tier III carrier providing services to
    approximately 293,000 subscribers.[^21] SouthernLINC operates a
    digital 800 MHz ESMR system using Motorola's proprietary Integrated
    Digital Enhanced Network (iDEN) air interface, and has deployed an
    Assisted-GPS (A-GPS) handset-based E911 Phase II location solution
    throughout its wireless network.[^22] SouthernLINC states that it
    met all of the Commission's location-capable handset sale and
    activation benchmarks.[^23] SouthernLINC requests an extension until
    December 31, 2007 of the December 31, 2005 deadline for achieving
    ninety-five percent penetration of location-capable handsets.[^24]

10. In support of its request, SouthernLINC points to a number of
    factors. It relies on a latent software defect in its A-GPS handsets
    that rendered all of these handsets unusable for E911 location in
    July 2004.[^25] SouthernLINC also cites to the fact that a
    substantial number of handsets are assigned to enterprise or
    government accounts, which typically have long-term equipment
    replacement cycles, and are reluctant to upgrade to A-GPS
    phones.[^26] In addition, SouthernLINC explains that many of its
    subscribers utilize high-power handsets and are reluctant to replace
    them with location-capable models that presently are available only
    with lower power.[^27] SouthernLINC further notes that fewer then
    twenty percent of PSAPs in its service area have requested Phase II
    service.[^28] For these reasons, SouthernLINC submits that the
    requested waiver is in the public interest and should be granted
    under the Commission's waiver standards, as well as under the
    ENHANCE 911 Act.[^29]

#  Discussion

11. We believe that it is critical for all handset-based carriers to
    meet the final implementation deadline of December 31, 2005 for
    ninety-five percent location-capable handset penetration, if at all
    possible, in order to allow all stakeholders (including carriers,
    technology vendors, public safety entities, and consumers) to have
    greater certainty about when Phase II will be implemented and ensure
    that Phase II is fully implemented as quickly as possible.[^30]
    Absent Phase II location data, emergency call takers and responders
    must expend critical time and resources questioning wireless 911
    callers to determine their location, and/or searching for those
    callers when the callers cannot provide this information. At the
    same time, however, the Commission has recognized that requests for
    waiver of E911 requirements may be justified, but only if
    appropriately limited, properly supported, and consistent with
    established waiver standards.[^31] Accordingly, when addressing
    requests for waiver of the ninety-five percent handset penetration
    deadline, we remain mindful that delay in achieving the required
    handset penetration level could impair the delivery of
    safety-of-life services to the public. We also must remain mindful,
    however, of Congress' directive in the ENHANCE 911 Act to grant Tier
    III waivers if strict enforcement would result in consumers having
    decreased access to emergency services.[^32]

12. Consistent with that directive, we believe that SouthernLINC has
    shown under the ENHANCE 911 Act that a limited grant of the
    requested waiver of the December 31, 2005 benchmark is warranted,
    subject to certain conditions and reporting requirements to permit
    effective monitoring of its progress towards full compliance with
    the Commission's location-capable handset penetration requirement.

13. *A-GPS Handset Defect*. SouthernLINC explains that, subsequent to
    achieving compliance with the location-capable sale and activation
    benchmarks, it was advised in July 2004 "of a latent software defect
    in the A-GPS-equipped handsets manufactured by Motorola and used by
    SouthernLINC Wireless's subscribers that rendered all A-GPS service
    in these handsets unusable, thus essentially setting SouthernLINC
    Wireless's handset penetration figures back to zero until this
    software problem could be resolved."[^33] While SouthernLINC
    completed network upgrades necessary to enable delivery of ALI data
    by August 6, 2004,[^34] every affected handset required updated
    software.[^35]

14. In its Request, SouthernLINC outlines the steps it has been taking
    to restore its base of location-capable handsets and increase the
    level of subscriber penetration of location-capable handsets.[^36]
    Specifically, SouthernLINC reports that, working with Motorola, it
    has provided its customers with alternative means of restoring
    location-capability into their handsets, including (1) sending
    self-install kits to all its affected customer accounts, containing
    software on a CD-ROM and a special interface cable to connect the
    handset with a personal computer, with instructions on how to update
    the handset themselves, (2) offering handset reprogramming free of
    charge at any sales office, and (3) offering government customers
    new or refurbished handsets directly from Motorola.[^37]
    SouthernLINC also offered inducements to its customers for
    installing the updated software,[^38] and ensured that its own
    inventory of handsets and that of its dealers were
    reprogrammed.[^39] However, despite these efforts, SouthernLINC
    states that "substantial work remains . . . in overcoming customer
    resistance to installing the necessary software upgrades."[^40]

15. *Factors Affecting Customer Acceptance*. SouthernLINC advances a
    number of reasons why its customers have been reluctant to upgrade
    their handsets to A-GPS models. According to SouthernLINC, its churn
    rate is "consistent with overall industry levels" and as a result
    has not led to "an influx of new, location-capable handsets onto its
    network."[^41] SouthernLINC also cites to the fact that a
    "significant percentage" of its customers is comprised of
    "enterprise, utility, or government agency subscribers" having
    "long-term equipment upgrade cycles" and "stringent budgetary
    considerations or other restrictions when making any changes to
    their services of equipment."[^42] As a result, SouthernLINC states
    that it faces challenges in persuading these customers to upgrade to
    A-GPS handsets.[^43] Furthermore, SouthernLINC states that many of
    its subscribers "place a high value on certain characteristics of
    their existing handsets that are not yet available -- and may never
    be available -- in the newer location-capable handsets."[^44]
    Specifically, these customers use handsets with a transmit power of
    one watt and "designed to military specifications for ruggedness,
    durability, and the ability to operate in harsh and adverse
    conditions," or use vehicle-mounted, three-watt phones.[^45]
    However, according to SouthernLINC, the only location-capable phones
    currently available, including a handset model designed for
    ruggedness and durability, operate at lower-power (0.6 watt). As a
    result, "few of these customers have been willing to upgrade to a
    lower wattage, location-capable handset model" given "the high
    priority these subscribers place on the ability to communicate in
    rural and remote areas," "the greater range and enhanced durability
    of the equipment in question\[,\] and the lack of a full
    substitute."[^46]

16. With respect to encouraging subscriber adoption of A-GPS handsets,
    SouthernLINC states that it "has undertaken numerous marketing,
    promotional, outreach, and other efforts to encourage subscriber
    adoption of A-GPS handsets and will continue such efforts in order
    to achieve \[the ninety-five percent\] level of penetration as
    quickly as possible."[^47] Specifically, SouthernLINC has "offered
    multiple tiers of A-GPS phones at a variety of price points . . .
    with various combinations and levels of functions and features
    intended to appeal to different customer segments" and "offered
    various handset upgrade programs that target its existing
    customers."[^48] Despite these efforts, however, SouthernLINC
    contends that "certain customer segments have been resistant to
    change."[^49]

17. Since submitting its Request, SouthernLINC supplemented the record
    to report on additional efforts it has been undertaking to address
    handsets impacted by the software defect and not yet restored to
    location-capability. Specifically, SouthernLINC states that it has
    engaged in the following efforts to encourage customers to restore
    location-capability in handsets with the software defect and upgrade
    to new location-capable handsets: (1) offering rebates "making some
    handset models free or nearly free," (2) linking its A-GPS
    reflash/upgrade efforts with its 800 MHz rebanding program, by
    notifying customers requiring a new bandmap of the need for, and
    methods to accomplish, handset reflashing, or offering such
    customers upgraded handsets, (3) inviting customers during
    conferences, trade shows, fairs, and other community events, to
    visit with SouthernLINC at which point SouthernLINC describes the
    advantages of location-capable phones and provides "special upgrade
    offers," (4) conducting customer calling campaigns to discuss
    rebanding and reflashing, and (5) conducting free site visits to
    enterprise and government customers to carry out rebanding and
    handset upgrades.[^50]

18. *Coordination with PSAPs*. As noted above, part of the Commission's
    waiver criteria focus on carrier efforts to work with the PSAPs in
    its service area, so that "community expectations are consistent
    with a carrier's projected compliance deadlines."[^51] In this
    regard, SouthernLINC notes that it "has continually coordinated and
    consulted with PSAPs throughout its service area regarding E911
    implementation issues."[^52] Furthermore, SouthernLINC supplemented
    its Request with letters of support from ten PSAPs within its
    service area.[^53] For example, the 911 Director, City of Homestead,
    Alabama, writes:

> Based on the level of effort SouthernLINC Wireless has already devoted
> to E9-1-1, we are confident that it will do everything it can to
> migrate as many of its customers as possible to location-capable
> handsets. We do not believe that SouthernLINC should be penalized if,
> despite these efforts, it cannot meet the FCC's handset deployment
> deadlines due to circumstances that are beyond its control. Therefore,
> we believe that SouthernLINC's request for a waiver of the FCC's
> handset deployment deadline is appropriate.[^54]

Expressions of support by PSAPs, such as the one quoted above, provide
evidence of SouthernLINC's "good faith in requesting relief."[^55] The
letters provided by SouthernLINC are indicative of a close working
relationship between SouthernLINC and some of the affected PSAPs, and an
understanding by the PSAPs of SouthernLINC's status and efforts in
achieving compliance with the ninety-five percent penetration rate.

19. *ENHANCE 911 Act*. We find that SouthernLINC warrants some relief
    under the ENHANCE 911 Act. As discussed above, some of
    SouthernLINC's subscribers have been reluctant to sacrifice the high
    power and extended range features of their current handsets that are
    not available with lower power A-GPS models. In this regard,
    SouthernLINC asserts that "a significant number of \[its\]
    subscribers frequently operate in remote areas that make them
    reliant on the higher power capabilities and increased range and
    coverage of their existing handsets" and, if they replaced these
    handsets with lower-power A-GPS handsets, "they may also lose the
    range and coverage necessary to access communications services --
    including emergency services -- from these remote areas."[^56] We
    find that certain of SouthernLINC's customers having high power
    handsets would likely find it more difficult and, at times,
    impossible, to contact a PSAP in some parts of its service area if
    they were forced to convert to lower-power A-GPS phones. Given these
    circumstances, it appears likely that strict enforcement of the
    December 31, 2005 deadline would impair the ability of certain 911
    callers to reach emergency assistance, and thus "would result in
    consumers having decreased access to emergency services,"[^57] at
    least in some cases.[^58]

20. We note, however, that SouthernLINC failed to provide sufficient
    information to warrant the full relief requested because
    SouthernLINC has not adequately shown a "clear path to full
    compliance" with the ninety-five percent handset penetration
    requirement. While we appreciate the efforts SouthernLINC reports
    with respect to its programs to encourage its customers to either
    reflash their handsets or upgrade to location-capable handsets, we
    do not find that SouthernLINC has demonstrated with sufficient
    specificity how it will achieve a ninety-five percent penetration
    rate. In fact, SouthernLINC notes that over 16,000 of its
    subscribers with non-A-GPS-equipped handsets that are having to
    change frequencies as part of the 800 MHz rebanding process[^59]
    have thus far elected not to upgrade to location-capable handsets
    despite upgrade offers, and that these customers alone account for
    over five percent of its overall subscriber base.[^60] Yet
    SouthernLINC proposes no new measures it is planning to undertake to
    reach ninety-five percent penetration. Similarly, with respect to
    those customers who SouthernLINC believes want to use handsets that
    are higher power than current 0.6 watt A-GPS-equipped handsets,
    SouthernLINC does not specify what plans, if any, it may have either
    to increase network coverage so as to reduce the need for
    higher-power handsets, or work with its equipment vendor to
    accelerate the availability of higher-power A-GPS handsets, either
    mobile or portable. Rather it just reports that higher-power
    location-capable handsets "may never be available."[^61]

21. SouthernLINC also has not provided us with specific information
    concerning the number of subscribers that would be placed in a
    situation where they would be unable to make any wireless calls if
    required to upgrade to a location-capable handset. Further, as we
    note above, SouthernLINC has not provided any information with
    respect to its plans to expand network coverage, which would reduce
    the number of subscribers with decreased access to emergency
    services if required to transition to location-capable phones. For
    these reasons, we afford SouthernLINC a limited extension of one
    year following release of this *Order*, or until November 3, 2006,
    to achieve ninety-five percent penetration among its subscribers of
    location-capable handsets.[^62]

22. *Conditions of Grant*. As a condition of grant, we expect
    SouthernLINC to actively inform and educate its customers concerning
    the advantages of having location-capable handsets, and to keep the
    PSAPs located within its service area abreast of its progress in
    achieving ninety-five percent penetration. Specifically, we will
    condition the relief granted herein on SouthernLINC, within six
    months of release of this *Order*, filing a compliance plan with the
    Commission. The compliance plan should set forth, with specificity,
    the concrete measures SouthernLINC will undertake to reach a
    ninety-five percent A-GPS handset penetration rate by November
    3, 2006. We would expect these measures, to be addressed in
    SouthernLINC's report, to include progress made on the
    following: (1) expanding network coverage to reduce the number of
    customers relying on higher-power, non-A-GPS capable handsets, (2)
    working with its handset vendor (or other vendors) in obtaining
    handset models that operate at higher-power and with A-GPS
    capability, and (3) increasing efforts to ensure that customers
    reflash their handsets or upgrade to A-GPS phones, as applicable.
    Furthermore, from the date of release of this *Order*, and as an
    ongoing obligation until SouthernLINC achieves a ninety-five percent
    penetration rate among its subscribers of location-capable handsets,
    we condition the relief granted herein on SouthernLINC (1) notifying
    its customers, such as by billing inserts, when it reasonably
    expects PSAPs will make valid requests for Phase II service, to the
    effect that by upgrading their handsets they will have the ability
    to automatically transmit their location information, and (2)
    actively working with the PSAPs to keep them informed of its
    progress in achieving higher location-capable handset penetration
    rates.

23. *Reporting Requirements*. Finally, in order to monitor compliance in
    accordance with the relief of the December 31, 2005 ninety-five
    percent handset penetration requirement granted herein, we will
    require, in addition to the report cited above due six months
    following release of this *Order*, SouthernLINC to file status
    reports every February 1, May 1, August 1, and November 1, until two
    years following release of this *Order*,[^63] which shall include
    the following information: (1) the number and status of Phase II
    requests from PSAPs (including those requests it may consider
    invalid); (2) the estimated dates on which Phase II service will be
    available to PSAPs served by SouthernLINC's network; (3) the status
    of its coordination efforts with PSAPs for alternative ninety-five
    percent handset penetration dates; (4) its efforts to encourage
    customers to either reflash their phones or upgrade to
    location-capable handsets; (5) the extent of subscribers having
    higher-power, non-A-GPS phones; (6) the percentage of its customers
    with location-capable phones; and (7) until it satisfies the
    ninety-five percent penetration rate, detailed information on its
    status in achieving compliance and whether it is on schedule to meet
    the November 3, 2006 revised deadline. We emphasize that
    irrespective of the relief we grant in this *Order*, we fully expect
    SouthernLINC to achieve compliance as quickly as possible.

# CONCLUSION

24. For the foregoing reasons, we conclude that SouthernLINC is
    entitled, pursuant to the ENHANCE 911 Act, to a limited extension of
    the December 31, 2005 requirement that it achieve ninety-five
    percent penetration among its subscribers of location-capable
    handsets. Specifically, we extend the date that SouthernLINC must
    achieve ninety-five percent penetration until November 3, 2006, and
    impose conditions and reporting requirements to ensure that
    SouthernLINC achieves full compliance with the Commission's E911
    requirements. We reiterate that any party seeking a waiver from our
    E911 rules must demonstrate a clear path to full compliance.

# ORDERING CLAUSES

25. Accordingly, IT IS ORDERED, pursuant to the ENHANCE 911 Act, Pub. L.
    No. 108-494, 118 Stat. 3986 (2004), and Sections 1.3 and 1.925 of
    the Commission's rules, 47 C.F.R. §§ 1.3, 1.925, that the foregoing
    *Order* IS ADOPTED.

26. IT IS FURTHER ORDERED, that the Request for Waiver by Southern
    Communications Services, Inc. d/b/a SouthernLINC Wireless IS GRANTED
    IN PART to the extent described above, and subject to the conditions
    and reporting requirements specified herein. The deadline for
    compliance with Section 20.18(g)(1)(v) will be November 3, 2006.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

[^1]: 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)
    (*Non-Nationwide Carriers Order*).

[^2]: *See* Request for Waiver By SouthernLINC Wireless, CC Docket No.
    94-102, filed July 26, 2005 at 9 (SouthernLINC Request). Subsequent
    to submitting its Request, SouthernLINC supplemented the record.
    *See* SouthernLINC Wireless Response to Request for Additional
    Information Supporting its Request for Waiver of the E911 Phase II
    Handset Deployment Deadline, CC Docket No. 94-102, filed Oct. 26,
    2005 (SouthernLINC Supplement). In support of its Request,
    SouthernLINC submitted certain information under a request for
    confidential treatment pursuant to § 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. Until we so rule, we will honor SouthernLINC's
    request for confidential treatment. *See* 47 C.F.R. § 0.459(d)(1).

[^3]: *See* 47 C.F.R. § 20.18(g)(1)(v).

[^4]: *See* Revision of the Commission's Rules to Ensure Compatibility
    with Enhanced 911 Emergency Calling Systems; E911 Phase II
    Compliance Deadlines for Tier III Carriers, CC Docket No. 94-102,
    *Order*, 20 FCC Rcd 7709, 7709-7710 ¶ 1 (2005) (*Tier III Carriers
    Order*).

[^5]: *See id*.

[^6]: National Telecommunications and Information Administration
    Organization Act -- Amendment, Pub. L. No. 108-494, 118 Stat. 3986
    (2004). *See also infra* ¶ 8*.*

[^7]: Because we find that some relief from the ninety-five percent
    handset penetration requirement is warranted pursuant to the ENHANCE
    911 Act, we need not determine whether SouthernLINC met the
    Commission's waiver standard. Although demonstration of a "clear
    path to full compliance" is not required to warrant some relief
    under the ENHANCE 911 Act, this element of our waiver standard
    provides useful guidance in determining the extent to which such
    relief should be granted.

[^8]: *See* 47 C.F.R. § 20.18(e).

[^9]: Network-based location solutions employ equipment and/or software
    added to wireless carrier networks to calculate and report the
    location of handsets dialing 911. These solutions do not require
    changes or special hardware or software in wireless handsets. *See*
    47 C.F.R. § 20.3, *Network-based Location Technology*.

[^10]: Handset-based location solutions employ special
    location-determining hardware and/or software in wireless handsets,
    often in addition to network upgrades, to identify and report the
    location of handsets calling 911. *See* 47 C.F.R. § 20.3,
    *Location-Capable Handsets.*

[^11]: *See* 47 C.F.R. §§ 20.18(f), (g)(2).

[^12]: *See* 47 C.F.R. § 20.18(j)(1).

[^13]: *See* 47 C.F.R. § 20.18(g)(1).

[^14]: *See* 47 C.F.R. § 20.18(g)(1)(v).

[^15]: *See Tier III Carriers Order*, 20 FCC Rcd at 7714 ¶ 9;
    *Non-Nationwide Carriers Order*, 17 FCC Rcd at 14846 ¶ 20 ("wireless
    carriers with relatively small customer bases are at a disadvantage
    as compared with the large nationwide carriers in acquiring location
    technologies, network components, and handsets needed to comply with
    our regulations"); Revision of the Commission's Rules to Ensure
    Compatibility with Enhanced 911 Emergency Calling Systems; E911
    Compliance Deadlines for Non-Nationwide Tier III CMRS Carriers, CC
    Docket No. 94-102, *Order to Stay*, 18 FCC Rcd 20987, 20994 ¶ 17
    (2003)(*Order to Stay*)("under certain conditions, small carriers
    may face extraordinary circumstances in meeting one or more of the
    deadlines for Phase II deployment and \[\] relief may therefore be
    warranted").

[^16]: Revision of the Commission's Rules to Ensure Compatibility with
    Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102,
    *Fourth Memorandum Opinion and Order*, 15 FCC Rcd 17442, 17458 ¶ 44
    (2000) (*Fourth MO&O*). *See also* 47 C.F.R. §§ 1.3, 1.925(b)(3);
    *WAIT Radio v. FCC*, 418 F.2d 1153 (D.C. Cir. 1969), *appeal after
    remand*, 459 F.2d 1203 (D.C. Cir. 1972), *cert. denied*, 409 U.S.
    1027 (1972); *Northeast Cellular Tel. Co. v. FCC*, 897 F.2d 1164
    (D.C. Cir. 1990). 

[^17]: *Order to Stay*, 18 FCC Rcd at 20997 ¶ 28.

[^18]: *See* Tier III Carriers Order, 20 FCC Rcd at 7718, 7719, 7726,
    7732, 7736-7737 ¶¶ 17, 19, 37, 57, 70.

[^19]: National Telecommunications and Information Administration
    Organization Act -- Amendment, Pub. L. No. 108-494, 118 Stat. 3986
    (2004).

[^20]: *Id.* at § 107(a), 118 Stat. 3986, 3991. The ENHANCE 911 Act
    defines a "qualified Tier III carrier" as "a provider of commercial
    mobile service (as defined in section 332(d) of the Communications
    Act of 1934 (47 U.S.C. 332(d)) that had 500,000 or fewer subscribers
    as of December 31, 2001." *Id.* at § 107(b), 118 Stat. 3986, 3991.

[^21]: *See* SouthernLINC Request at 9.

[^22]: *See* *id*. A-GPS location technologies have two components: the
    handset, which contains a GPS chip, and network equipment, which
    assists the GPS chip in locating the caller and delivering that
    location information to the PSAP.

[^23]: *See id*. at 17.

[^24]: *See id*. at 1.

[^25]: *See id*. at 2.

[^26]: *See id*.

[^27]: *See id*.

[^28]: *See id*. at 3.

[^29]: *See id.* at iii.

[^30]: *See* *Non-Nationwide Carriers Order*, 17 FCC Rcd at 14853 ¶ 38.

[^31]: *See* *Tier III Carriers Order*, 20 FCC Rcd at 7709-7710 ¶ 1;
    *Non-Nationwide Carriers Order*, 17 FCC Rcd at 14842-14843 ¶ 6.

[^32]: *See supra* ¶ 8.

[^33]: SouthernLINC Request at 18. SouthernLINC noted that the software
    defect "directly or indirectly affected all of the location-capable
    handsets available to SouthernLINC Wireless customers at that time."
    SouthernLINC Supplement at 2.

[^34]: SouthernLINC added that "it was not the first carrier to receive
    the necessary network software patch." SouthernLINC Supplement at 2.

[^35]: *See* SouthernLINC Request at 19. A unique software patch was
    required for each version of each individual handset model, which
    became available on a rolling basis starting July 28, 2004 and
    ending September 17, 2004. *See* SouthernLINC Supplement at 3.

[^36]: As SouthernLINC points out, prior to encountering its a-GPS
    handset problems, it met all of the Commission's location-capable
    handset sale and activation benchmarks in advance of the deadlines
    established for Tier III carriers. *See* SouthernLINC Request at 17.
    SouthernLINC added that it "succeeded in ensuring that all affected
    handsets within its control were reflashed and capable of providing
    location information by November 12, 2004, ahead of the one-hundred
    percent new activation benchmark applicable to Tier III Carriers."
    SouthernLINC Supplement at 4.

[^37]: *See* SouthernLINC Request at 21-23.

[^38]: According to SouthernLINC, customers confirming that they have
    installed the updated software are entered into a sweepstakes for
    various prizes. *See* SouthernLINC Request at 22.

[^39]: *See* SouthernLINC Request at 22-23. SouthernLINC reported that
    it reflashed each handset in its inventory as each software patch
    specific to a version of a handset model became available, and
    completed this process on November 12, 2004. *See* SouthernLINC
    Supplement at 3. SouthernLINC also "strongly encouraged its dealers
    to reflash as many handsets as possible, whether they were in dealer
    stock or were brought in by customers for any reason." *Id*.

[^40]: SouthernLINC Request at 23-24.

[^41]: *Id*. at 10. According to the Commission's most recent CMRS
    Competition Report, "\[m\]onthly churn rates average about 1.5 to
    3.0 percent per month, a slight decline from the previous year."
    Implementation of Section 6002(b) of the Omnibus Budget
    Reconciliation Act of 1993, Annual Report and Analysis of
    Competitive Market Conditions with Respect to Commercial Mobile
    Services, *Tenth Report*, FCC 05-173 (rel. Sept. 30, 2005) at ¶ 149.

[^42]: *See* SouthernLINC Request at 10-11.

[^43]: *See id*. at 11.

[^44]: *Id*.

[^45]: *See id*.

[^46]: *See id*. at 11-12.

[^47]: SouthernLINC Request at 28.

[^48]: *Id*. at 26.

[^49]: *Id*.

[^50]: *See* SouthernLINC Supplement at 4-5.

[^51]: *Order to Stay*, 18 FCC Rcd at 20997 ¶ 28.

[^52]: SouthernLINC Request at 14. As part of its Request, SouthernLINC
    included letters of support from PSAPs within its service area, not
    as an endorsement of its waiver request, but as a "testament to the
    approach of partnership and close consultation with which the
    company has approached its E911 obligations." *See id*. at 15 and
    Exhibit A.

[^53]: *See* *Ex Parte* Submission of PSAP Letters Regarding
    SouthernLINC Wireless's Request for Waiver, CC Docket No. 94.102,
    filed Sept. 28, 2005; Notice of *Ex Parte* Presentation and *Ex
    Parte* Submission, CC Docket No. 94-102, filed Oct. 4, 2005).

[^54]: Letter from Harold A. Parker, 911 Director, City of Homewood, to
    Marlene Dortch, Secretary, Federal Communications Commission (Sept.
    16, 2005).

[^55]: *See supra* ¶ 6 (citing *Order to Stay*, 18 FCC Rcd at 20997 ¶
    28).

[^56]: SouthernLINC Request at 8.

[^57]: National Telecommunications and Information Administration
    Organization Act -- Amendment, Pub. L. No. 108-494, § 107(a), 118
    Stat. 3986, 3991 (2004).

[^58]: In light of the fact that the relief we grant herein is based
    solely on the directive of the ENHANCE 911 Act, specific to
    "qualified" Tier III carriers, that we grant a waiver of Section
    20.18(g)(1)(v) if "strict enforcement of the requirements of that
    section would result in consumers having decreased access to
    emergency services," our decision does not address the circumstances
    or merits of the impact of the A-GPS handset defect raised by
    SouthernLINC. *See supra* ¶¶ 13-14.

[^59]: *See* Improving Public Safety Communications in the 800 MHz Band,
    WT Docket 02-55, *Report and Order, Fifth Report and Order, Fourth
    Memorandum Opinion and Order, and Order*, 19 FCC Rcd 14969 (2004)
    *as amended by Erratum*, 19 FCC Rcd 19651 (WTB PSCID 2004) and
    *Erratum,* 19 FCC Rcd 21818 (WTB PSCID 2004).

[^60]: *See* SouthernLINC Supplement at 6 n.5.

[^61]: SouthernLINC Request at 11.

[^62]: We note that we have not received any objections from the public
    safety community specific to the instant Request.

[^63]: We note that we are requiring SouthernLINC to file status reports
    beyond the one year from release of this *Order* by which we
    otherwise require SouthernLINC to achieve ninety-five percent
    penetration among its subscribers of location-capable handsets. We
    believe it is important to continue monitoring SouthernLINC's
    progress for an additional year beyond this compliance date.