FCC 02-296

Released: October 31, 2002

**FCC CLARIFIES THAT 911 CALL-FORWARDING RULE DOES NOT PRECLUDE WIRELESS
CARRIERS FROM BLOCKING FRAUDULENT 911 CALLS FROM NON-SERVICE INITIALIZED
PHONES PURSUANT TO STATE AND LOCAL LAW**

**CC Docket No. 94-102**

This Public Notice clarifies that Section 20.18(b) of the Commission's
rules,[^1] which requires mobile wireless carriers[^2] to forward all
wireless 911 calls to Public Safety Answering Points (PSAPs) without
respect to the call validation process, does not preclude these carriers
from blocking fraudulent 911 calls from non-service initialized
phones[^3] pursuant to applicable state and local law enforcement
procedures.

On May 31, 2002, the National Emergency Number Association (NENA),
together with the Association of Public Safety Communications Officials
International (APCO) and the National Association of State Nine One One
Administrators (NASNA), submitted a letter that illustrated the
disruption to 911 services that can be caused by harassing, abusive, or
prank calls. [^4] In particular, the letter highlights the waste of
public safety resources that results from fraudulent 911 calls made from
NSI handsets, which lack a call back number.[^5] For example, in
Minneapolis, Minnesota, 658 emergency calls were made from a
non-initialized phone over a two and a half week period, with the
ensuing investigation taking approximately 150 hours of law enforcement
time.[^6] The public safety agencies' letter emphasizes that in this
example and others, the wireless carrier declined to block 911 calls
from the NSI handset identified as transmitting the harassing calls,
citing the Commission's rule requiring all wireless 911 calls to be
forwarded to PSAPs without respect to the call validation process.

The underlying purpose of the Commission's adoption of the 911 call
forwarding requirement in Section 20.18(b) is to ensure that any person
who attempts to place a 911 call through the facilities of a mobile
wireless carrier will not be subject to any call validation procedures
that could delay or obstruct the delivery of the 911 call to a PSAP.
[^7] In adopting the rule, the Commission particularly focused on the
impact that the screening of 911 calls through the validation process
would have on roamers making 911 calls from areas where there is no
service agreement between the serving and home carriers.[^8] The
Commission also recognized, though, that while carriers have the
obligation to forward all wireless 911 calls to PSAPs without respect to
the call validation process, PSAPs will play an important role in
monitoring incoming calls and initiating efforts to guard against
fraudulent use of the 911 system.[^9]

Consistent with this approach, pursuant to the request by NENA, APCO,
and NASNA, we clarify that Section 20.18(b) of the Commission's rules
does not preclude carriers from complying with a PSAP's request to block
harassing calls from non-service initialized phones pursuant to
applicable state and local law enforcement procedures. The Commission's
determination to require the forwarding of all wireless 911 calls
without regard to the caller's service subscription status was intended
to enable authentic emergency calls, not fraudulent or abusive calls.
Where a PSAP has identified a handset that is transmitting fraudulent
911 calls and makes a request to a wireless carrier to block 911 calls
from that handset in accordance with applicable state and local law
enforcement procedures, the carrier's compliance does not constitute a
violation of Section 20.18(b).

This *Public Notice* can be downloaded in Text and ASCII formats at:
http://www.fcc.gov/\_\_\_\_. For further information, contact Stan
Wiggins, Policy Division, Wireless Telecommunications Bureau, at (202)
418-1310, or Won Kim, Policy Division, Wireless Telecommunications
Bureau, at (202) 418-1368.

Action by the Commission on October 29, 2002: Chairman Powell;
Commissioners Abernathy, Copps and Martin. Commissioner Martin issuing a
separate statement.

[^1]: 47 C.F.R. § 20.18(b).

[^2]: Wireless carriers subject to Section 20.18 are Broadband Personal
    Communications Services (part 24, subpart E of this chapter),
    Cellular Radio Telephone Service (part 22, subpart H of this
    chapter), and Geographic Area Specialized Mobile Radio Services and
    Incumbent Wide Area SMR Licensees in the 800 MHz and 900 MHz bands
    (included in part 90, subpart S of this chapter). Service providers
    in these enumerated services are subject to section 20.18 solely to
    the extent that they offer real-time, two way switched voice service
    that is interconnected with the public switched network and utilize
    an in-network switching facility which enables the provider to reuse
    frequencies and accomplish seamless hand- offs of subscriber calls.
    *See* 47 C.F.R. §§ 20.18(a), 20.18(b).

[^3]: Non-service initialized wireless mobile telephones (NSI phones)
    are phones that are not registered for service with any Commercial
    Mobile Radio Service (CMRS) carrier.

[^4]: Letter from James R. Hobson, Counsel for NENA, to Marlene H.
    Dortch, Secretary, FCC, CC Docket 94-102, filed May 31, 2002 (*May
    31, 2002 Letter*).

[^5]: An NSI phone lacks a dialable number because carriers generally
    assign a dialable number to a handset only when a customer enters
    into a service contract.

[^6]: *May 31, 2002 Letter* at 2.

[^7]: Revision of the Commission's Rules To Ensure Compatibility with
    Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102,
    RM-8143, *Report and Order and Further Notice of Proposed
    Rulemaking*, 11 FCC Rcd 18676, 18692-99, paras. 29-46 (1996) (*E911
    First R&O*); *Memorandum Opinion and Order,* 12 FCC Rcd 22665,
    22679-22685, paras. 25-41 (1997) (*E911 MO&O*) .

[^8]: *See* *E911 MO&O*, 12 FCC Rcd at 22682-83, para. 34.

[^9]: *See* *id.* at 22684, para. 37.