DA 00-1098

Released: May 18, 2000

**COMMENT SOUGHT ON REQUEST FOR FURTHER CONSIDERATION OF CALL BACK
NUMBER ISSUES ASSOCIATED WITH NON-SERVICE INITIALIZED WIRELESS 911
CALLS**

**(CC Docket No. 94-102, WT Docket No. 00-80)**

**Comments Due: June 19, 2000**

**Reply Comments Due: July 5, 2000**

### On April 28, 2000, the Texas 911 Agencies,[^1] the National Emergency Number Association (NENA), the Association of Public-Safety Communications Officials-International, Inc. (APCO) and the National Association of State Nine-One-One Administrators (NASNA) (collectively, the Public Safety Entities) filed a letter with the Federal Communications Commission (Commission) seeking further consideration of call back number issues associated with non-service initialized 911 calls.

Phase I Enhanced 911 rules require that a dialable number accompany each
911 call to enable Public Safety Answering Points ("PSAPs") dispatchers
to either call back if the call is disconnected or obtain additional
information.[^2] In its *E911 First Report and Order*, the Commission
recognized that it would not always be possible for carriers to provide
reliable call back numbers for all wireless 911 calls.[^3] Thus, the
Commission exempted covered carriers[^4] from providing reliable call
back numbers to PSAPs in cases where the wireless telephone is not
associated with a dialable telephone number, such as those designed or
offered on an originate-only rate plan or those never initialized with
an underlying carrier service.[^5]

The Public Safety Entities note that, increasingly, refurbished wireless
telephones are being distributed by many organizations. While not
challenging the benefits of these donations, the Public Safety Entities
note that these distributed telephones and other 911-only non-serviced
initialized telephones, may not provide valid call back emergency
information even when used in areas where 911 Phase I services have been
implemented. The Public Safety Entities assert that increased sales and
use of these wireless telephones create a public safety concern that
should be further considered. Accordingly, the Public Safety Entities
request that the Commission seek additional comment concerning call back
capabilities for non-serviced initialized handsets and address whether
further Commission action, such as technical solutions or educational
programs, is needed or appropriate.

This is a "permit but disclose" proceeding pursuant to §1.1206 of the
Commission's rules. 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).

Parties interested in filing comments may do so on or before June 19,
2000; reply comments are due on or before July 5, 2000. To file
formally, parties must submit an original and four copies to the Office
of the Secretary, Federal Communications Commission, 445 12^th^ Street,
S.W., TW-A325, Washington, D.C. 20554. In addition, parties must submit
one copy to Jay Whaley , Policy Division, Wireless Telecommunications
Bureau, Federal Communications Commission, 445 12^th^ Street, S.W.,
Washington, D.C. 20554. The Public Safety Entities letter can be found
in the following dockets: CC Docket No. 94-102 and WT Docket No. 00-80.
Comments and reply comments will be available for public inspection
during regular business hours in the FCC Public Reference Room, Room
CY-A257, 445 12^th^ Street, S.W., Washington, D.C. 20554.

For further information concerning this proceeding, contact Jay Whaley,
Policy Division, Wireless Telecommunications Bureau at (202) 418-1310.

[^1]: The Texas 911 Agencies are comprised of the Texas Commission of
    State Emergency Communications (a state agency) and the following
    local Texas Emergency Communications Districts: Tarrant County 911
    District, Bexar Metro 911 Network, Brazos County Emergency
    Communication District, DENCO Area 911 District, 911 Network of East
    Texas, Galveston County Emergency Communication District, Greater
    Harris County 911 Emergency Network, Henderson County 911
    Communication District, Howard County 911 Communication District,
    Kerr Emergency 911 Network, Lubbock County Emergency Communication
    District, McLennan County Emergency Assistance District, Midland
    Emergency Communication District, Montgomery County Emergency
    Communication District, Potter-Randall County Emergency
    Communication District, and Texas Eastern 911 Network.

[^2]: 47 C.F.R. § 20.18(d).

[^3]: In the Matter of Revision of the Commission's Rules to Ensure
    Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket
    No. 94-102, *Report and Order and Further Notice of Proposed
    Rulemaking*, 11 FCC Rcd 18676, 18694-96 ¶ 35, 38 (1996) (*E911 First
    Report and Order*).

[^4]: Covered Carriers are Broadband Personal Communication Services,
    Cellular Radio Telephone Services, and Geographic Area Specialized
    Mobile Radio Services and Incumbent Wide Area SMR Licensees in the
    800 MHz and 900 MHz bands to the extent that they offer "in-network"
    switching, and have the capability to hand off calls seamlessly
    without manual subscriber intervention and reuse of frequencies. 47
    C.F.R. § 20.18(a).

[^5]: In the Matter of Revision of the Commission's Rules to Ensure
    Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket
    No. 94-102, *Memorandum Opinion and Order*, 12 FCC Rcd 22665,
    22718-19 ¶ 109-110 (1997) (*First Reconsideration Order*).