FOR IMMEDIATE RELEASE: News Media Contact:

November 18, 1999 Meribeth McCarrick (202) 418-0654

e-mail: mmccarri@fcc.gov

FCC ACTS TO REMOVE BARRIERS IMPEDING ENHANCED WIRELESS 911 SERVICE

Washington, DC \-- The Federal Communications Commission (FCC) today
acted to remove impediments to the deployment of enhanced 911 (E911)
services for wireless users. Enhanced wireless 911 services help ensure
that in emergencies wireless phones provide vital information to assist
911 call centers, or Public Safety Answering Points (PSAPs), in locating
the caller.

The FCC took a number of steps. First, the FCC amended its cost recovery
rule to modify the requirement that a mechanism for cost recovery be in
place before a carrier is obligated to provide E911 services. The FCC
affirmed the requirement that a formal mechanism be in place for PSAP
cost recovery, but eliminated as a barrier to E911 implementation any
prerequisite that carrier E911 costs be covered by a mechanism. Of
course, a cost recovery mechanism is not necessary to permit carriers to
recover their costs. The Commission emphasized, however, that the
revised rules do not disturb current state and local cost recovery
schemes that are already working, nor was it discouraging state and
local governments from deciding that cost recovery or sharing mechanisms
that cover carrier costs are an effective way of expediting wireless
E911 for their citizens, especially in rural areas.

The FCC also emphasized, however, that adequate funding for PSAPs
remains critical to successful E911 implementation. To help ensure that
carriers are not required to make unnecessary expenditures before a PSAP
is ready to use E911 information, and to encourage and support local and
state authorities in the funding of wireless E911, the FCC decided to
retain in its revised rule a requirement for a PSAP cost recovery
mechanism.

Second, the FCC concluded that negotiations between Commercial Mobile
Radio Services (CMRS) carriers and PSAPs should remain the primary means
of ensuring an expeditious selection of transmission method that meets
the individual requirements of the PSAP and carrier in each situation.
In the event that an impasse arises, FCC staff will be available to help
resolve these disagreements, based on consideration of a number of
specific factors.

Third, the FCC noted the critical role played by incumbent local
exchange carriers (LECs) in the implementation of wireless E911 service,
by, for example, transmitting calls from the wireless carrier to the
PSAP. While declining to adopt any new obligations, the FCC made clear
that parties could bring complaints before the state public service
commissions or the FCC if an incumbent LEC failed in the performance of
any of its obligations. It also stated that parties could request
consideration of such complaints under the Commission's "rocket docket"
procedures.

[Background on Wireless 911 Rules]{.underline}:

The FCC's wireless E911 rules require certain CMRS carriers to begin
transmission of enhanced location information in two phases. Phase I
requires carriers to transmit a caller's phone number and general
location to a Public Safety Answering Point (PSAP). Phase II requires
more precise location information be provided to the PSAP. Under the
current rules, two prerequisites must be met before the wireless carrier
is obligated to implement E911. The carrier must receive a request from
a PSAP that it has the capabilities to receive and use the location
information, and there must be in place a mechanism for recovering the
costs of implementation. Carriers are to provide the requested E911
service by the later of six months after the prerequisites are met, or
April 1, 1998 (for Phase I) or October 1, 2001 (for Phase II).

Today's action is in response to filings concerning delays in E911
implementation as well as petitions for reconsideration and
clarification of the FCC's E911 rules. Resolution of these issues should
address delays in implementation of Phase I service and ensure
implementation of Phase II service.

[Detailed Summary of Specific Actions Taken by the FCC]{.underline}:

First, the FCC decided that the E911 rules will continue to require that
a mechanism for PSAP cost recovery be in place before a carrier's
obligation to provide E911 services is triggered. However, the FCC
eliminated the prerequisite for carrier cost recovery. Specifically, the
FCC explained that before a carrier is required to provide E911 services
pursuant to a PSAP request, the PSAP must have a means of receiving and
utilizing the data elements associated with those costs. The FCC stated
that adequate funding of PSAPs is a critical element in ensuring timely
E911 implementation and retaining the provision for PSAP cost recovery
may assist PSAPs in obtaining necessary funding. The FCC noted that by
retaining the PSAP cost recovery requirement, it was not mandating
action by state or local governments or defining the nature or extent of
any funding mechanism. The Order is not intended to interfere with their
authority over 911 systems and how those systems are managed and
maintained. However, the FCC noted that state and local public safety
officials need to be provided with a means to use wireless E911 location
information. Otherwise, PSAPs will be unable to dispatch emergency
services to wireless 911 callers in life-threatening situations as
quickly as possible.

Second, the FCC agreed that disputes between CMRS carriers and PSAPs on
the choice of E911 transmission means also have contributed to delays in
Phase I implementation. However, based on the current record and in
light of the modification of the cost recovery prerequisite for E911
implementation, the FCC concluded that negotiations between the parties
remain the primary means of ensuring an expeditious selection of
transmission method that meets the individual requirements of the PSAP
and carrier in each situation. In the event that an impasse arises, FCC
staff will be available to help resolve these disagreements, based on
consideration of a number of specific factors. These factors would
include: the additional costs of the methodologies to the PSAP and the
wireless carrier, whether the carrier is paying for its own E911
implementation costs or receiving funding from another cost recovery
mechanism; the technical configuration of the PSAP\'s existing E911
system; the impact of technology choice on the implementation of
seamless, ubiquitous and reliable E911 systems in a given area; and the
ability of the transmission technology to accommodate Phase II of
wireless E911 and other planned changes in the E911 system.

Third, the FCC found that this Commission and the relevant State public
service commissions can address the issues concerning local exchange
carriers (LECs) that are identified as potential reasons for delay in
the implementation of E911. LECs are important factors in achieving E911
implementation when State 911 systems are LEC-based. Although the FCC
did not, at this point, impose special obligations on incumbent LECs to
implement wireless E911, it noted that incumbent LECs are already
subject to obligations under the Telecommunications Act of 1996, as well
as various Federal and State regulations, to ensure that interconnection
agreements with CMRS carriers are fulfilled promptly and fairly. The FCC
intends to further monitor the role of LECs to determine whether there
is a need to impose additional obligations to ensure implementation of
the wireless E911 rules. The FCC also noted that parties may request
consideration under its rocket docket procedures of complaints filed
under Section 208 of the Communications Act against LECs for violation
of LECs\' existing obligations.

Finally, the FCC noted that requests in the record for protection from
liability for providing E911 service and to mandate nationwide usage of
911 as the number for emergency assistance have been resolved by the
Wireless Communications and Public Safety Act of 1999 (E911 Act). That
Act requires that States provide CMRS carriers, users, and PSAPs
involved in the transmission of wireless 911 and E911 calls with
liability protection to the same extent the State provides protection
with respect to wireline 911 services. The E911 Act also provides that
the FCC designate 911 as the universal emergency telephone number for
both wireline and wireless telephone service and includes provisions for
transition periods and FCC action to encourage the development of State
E911 systems.

Action by the Commission on November 18, 1999 by Second Memorandum
Opinion and Order

(FCC 99- xx). Chairman Kennard, Commissioners Ness, Furchtgott-Roth,
Powell and Tristani, with Commissioner Furchtgott-Roth issuing a
separate statement.

Wireless Bureau Contact: Barbara Reideler at (202) 418-1300, TTY at
(202) 418-7233 or

e-mail: breidele@fcc.gov

CC Docket No. 94-102

WT Report No. 99- 32