**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | )  | CC Docket No. 94-102         |
|                                  |    |                              |
| Revision of the Commission's     | )  |                              |
| Rules to Ensure Compatibility    |    |                              |
| with Enhanced 911 Emergency      | )  |                              |
| Calling Systems                  |    |                              |
|                                  | )  |                              |
| Petitions for Waiver of Enhanced |    |                              |
| 911 Phase II Requirements        | )  |                              |
|                                  |    |                              |
|                                  | )  |                              |
|                                  |    |                              |
|                                  | )  |                              |
|                                  |    |                              |
|                                  | )  |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: March 9, 2007 Released: March 9, 2007**

By the Deputy Chief, Public Safety and Homeland Security Bureau:

# introduction

1.  In this *Order*, we address requests for relief from the
    Commission's wireless Enhanced 911 (E911) Phase II requirements
    filed by five Tier III wireless service providers (collectively,
    Petitioners).[^1] Petitioners seek extensions of time from their
    current deadlines 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 were to have
    achieved 95% penetration, among their subscribers, of
    location-capable handsets by December 31, 2005.[^2]

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.[^3]
    Where carriers have met the standard, the relief granted has
    required compliance with the Commission's rules and policies within
    the shortest practicable time.[^4] We are also mindful of Congress'
    directive in the ENHANCE 911 Act to grant waivers for Tier III
    carriers of the 95% penetration benchmark if "strict enforcement . .
    . would result in consumers having decreased access to emergency
    services."[^5]

3.  Pursuant to the ENHANCE 911 Act, and based on the record before us,
    we find that relief from the 95% penetration requirement is
    warranted subject to certain conditions described below. We
    therefore grant each Petitioner the relief it has requested.

# 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.[^6]
    Licensees can provide ALI information by deploying location
    information technology in their networks (a network-based
    solution),[^7] or Global Positioning System (GPS) or other location
    technology in subscribers' handsets (a handset-based solution).[^8]
    The Commission's rules also establish phased-in schedules for
    carriers to deploy any necessary network components and begin
    providing Phase II service.[^9] However, before a wireless
    licensee's obligation to provide E911 service is triggered, a PSAP
    must make a valid request for E911 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.[^10]

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.[^11] After
    ensuring that 100% of all new digital handsets activated are
    location-capable, licensees were required to achieve 95% penetration
    among their subscribers of location-capable handsets no later than
    December 31, 2005.[^12]

## 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.[^13] 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."[^14] To the extent that a carrier bases its request for
    relief on delays that were beyond its control, it must submit
    specific evidence substantiating the claim, such as documentation of
    the carrier's good faith efforts to meet with outside sources whose
    equipment or services were necessary to meet the Commission's
    benchmarks.[^15] When carriers rely on a claim of financial hardship
    as grounds for a waiver, they must provide sufficient and specific
    factual information.[^16] A carrier's justification for a waiver on
    extraordinary financial hardship grounds may be strengthened by
    documentation demonstrating that it has used its best efforts to
    obtain financing for the required upgrades from available federal,
    state, or local funding sources.[^17] 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.[^18]

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 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.[^19] In evaluating requests for
    waiver from Tier III carriers, the Commission, therefore, has
    considered challenges unique to smaller carriers facing these
    circumstances.

8.  Finally, we note that 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).[^20] The
    ENHANCE 911 Act*, inter alia,* directed 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 to grant
    such request for waiver if "strict enforcement of the requirements
    of that section would result in consumers having decreased access to
    emergency services."[^21]

## Petitioners' Requests for Further Waiver

9.  The Commission previously granted each Petitioner relief from the
    December 31, 2005 deadline for achieving a 95% location-capable
    handset penetration rate. Petitioners' revised deadlines ranged from
    December 12, 2006 through January 31, 2007.[^22] Petitioners report
    varying location-capable handset penetration rates.[^23] In the
    instant requests, Brazos seeks a further extension until February
    28, 2007;[^24] LL License seeks a further extension until April 30,
    2007;[^25] Golden State seeks a further extension until June 15,
    2007;[^26] Leaco seeks a further extension until September 12,
    2007;[^27] and South Canaan seeks a further extension until
    September 30, 2007.[^28]

10. In their requests, Petitioners describe various efforts toward
    achieving compliance with the handset penetration deadline,
    including mailing free location-capable handsets to customers;[^29]
    offering trade-ins for free location-capable handsets before the
    expiration of contract terms;[^30] and constructing new CDMA
    facilities in order to extend digital coverage.[^31] In support of
    the instant requests, each Petitioner asserts that its request
    satisfies the Commission's E911 waiver criteria as well as the
    ENHANCE 911 Act standard.[^32]

# discussion

11. We believe that it was critical for all handset-based carriers to
    have met the final implementation deadline of December 31, 2005 for
    95% 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 would be implemented and would have
    ensured that Phase II would be fully implemented as quickly as
    possible.[^33] 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.[^34] Accordingly, when addressing
    requests for waiver of the 95% 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 must also 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.[^35]

12. We are concerned that Petitioners were unable to achieve compliance
    by the deadlines the Commission previously established for them.
    Nonetheless, consistent with the directive of the ENHANCE 911 Act,
    we find that certain of Petitioners' customers would likely find it
    more difficult, and at times impossible, to contact a PSAP in parts
    of Petitioners' service areas if those customers were forced to
    convert to location-capable handsets. It thus appears likely that
    strict enforcement of Petitioners' current compliance deadlines
    under these circumstances would impair the ability of certain 911
    callers to reach emergency assistance, and "would result in
    consumers having decreased access to emergency services," within the
    meaning of the ENHANCE 911 Act, at least in some cases.[^36] We
    therefore conclude that relief from the deadline is warranted
    pursuant to the ENHANCE 911 Act.[^37] Accordingly, we grant each
    Petitioner's requested relief, subject to certain conditions and
    reporting requirements, so that the Commission can continue to
    monitor Petitioners' progress in meeting the 95% handset penetration
    benchmark.[^38] Brazos is granted its requested extension, *nunc pro
    tunc*, through February 28, 2007. LL License must achieve 95%
    location-capable handset penetration among its subscribers by April
    30, 2007; Golden State by June 15, 2007; Leaco by September 12,
    2007; and South Canaan by September 30, 2007. We emphasize that, in
    granting the full extensions requested, we expect Petitioners to
    achieve 95% penetration among their subscribers of location-capable
    handsets within the extended timeframes granted herein.

13. *Conditions*. As a condition of the relief granted herein,
    Petitioners have an ongoing obligation, until they achieve a 95%
    handset penetration rate among their subscribers of location-capable
    handsets, to (1) notify their customers, such as by billing inserts,
    of the status of PSAP 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
    work with the PSAPs to keep them informed of its progress in
    achieving higher location-capable handset penetration rates.[^39]

14. *Reporting Requirements*. Finally, in order to monitor compliance in
    accordance with the relief granted herein, we will continue to
    require Petitioners to file status reports every February 1, May 1,
    August 1, and November 1, for one year after the compliance deadline
    established in this *Order* for each Petitioner.[^40] These reports
    shall include the following information, as previously required: (1)
    the number and status of Phase II requests from PSAPs (including
    those requests it may consider invalid); (2) the dates on which
    Phase II service has been implemented or will be available to PSAPs
    served by its network; (3) the status of its coordination efforts
    with PSAPs for alternative 95% handset penetration dates; (4) its
    efforts to encourage customers to upgrade to location-capable
    handsets; (5) the percentage of its customers with location-capable
    phones; and (6) until it satisfies the 95% penetration rate,
    detailed information on its status in achieving compliance and
    whether it is on schedule to meet the revised deadline. To comply
    with the sixth reporting requirement -- status in achieving
    compliance -- each Petitioner must include a detailed, specific
    explanation of how it arrived at its estimate of whether it is on
    track to meet the compliance deadline, including an explanation of
    any assumptions it has made. Each Petitioner must also include a
    discussion of how its compliance efforts compare with the efforts of
    other Tier III carriers -- particularly efforts the Commission has
    cited in previous orders[^41] -- and an explanation of why the
    Petitioner has chosen the compliance efforts it has chosen.[^42] We
    emphasize that irrespective of the relief we grant in this *Order*,
    we fully expect Petitioners to achieve compliance as quickly as
    possible.

# conclusion

15. For the foregoing reasons, we conclude that Petitioners are entitled
    to a limited extension of the deadlines by which they were required
    to achieve 95% penetration among their subscribers of
    location-capable handsets. We therefore grant Petitioners' requests
    for further waiver, subject to the conditions and reporting
    requirements described herein.

# ordering clauses

16. 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.

17. IT IS FURTHER ORDERED that the Request for Additional Limited Waiver
    and Extension of the Handset Penetration Deadline of the
    Commission's Phase II E911 Rules filed by South #5 RSA Limited
    Partnership d/b/a Brazos Cellular Communications, Ltd. IS GRANTED,
    *nunc pro tunc*, subject to the conditions and reporting
    requirements specified herein. The deadline for compliance with
    Section 20.18(g)(1)(v) is February 28, 2007.

18. IT IS FURTHER ORDERED that the Request for Extension of Time to Meet
    Handset Penetration Rate filed by LL License Holdings, Inc. IS
    GRANTED, subject to the conditions and reporting requirements
    specified herein. The deadline for compliance with Section
    20.18(g)(1)(v) is April 30, 2007.

19. IT IS FURTHER ORDERED that the Request for Additional Limited Waiver
    and Extension of the Handset Penetration Deadline of the
    Commission's Phase II E911 Rules filed by California RSA No. 3
    Limited Partnership d/b/a Golden State Cellular IS GRANTED, subject
    to the conditions and reporting requirements specified herein. The
    deadline for compliance with Section 20.18(g)(1)(v) is June 15,
    2007.

20. IT IS FURTHER ORDERED that the Petition for Temporary Waiver of
    Section 20.18(g)(1)(v) of the Commission's Rules filed by Leaco
    Rural Telephone Cooperative, Inc. IS GRANTED, subject to the
    conditions and reporting requirements specified herein. The deadline
    for compliance with Section 20.18(g)(1)(v) is September 12, 2007.

21. IT IS FURTHER ORDERED that the Request for Extension of Time Within
    Which to Comply with Section 20,.18(g)(1)(v) of the Commission's
    Rules filed by South Canaan Cellular Communications Company, L.P. IS
    GRANTED, subject to the conditions and reporting requirements
    specified herein. The deadline for compliance with Section
    20.18(g)(1)(v) will be September 30, 2007.

22. This action is taken under delegated authority pursuant to Sections
    0.191 and 0.392 of the Commission's rules, 47 C.F.R. §§ 0.191,
    0.392.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Dana R. Shaffer
>
> Deputy Chief
>
> Public Safety and Homeland Security Bureau

[^1]: *See* Request of South #5 RSA Limited Partnership d/b/a Brazos
    Cellular Communications, Ltd. for Additional Limited Waiver and
    Extension of the Handset Penetration Deadline of the Commission's
    Phase II E911 Rules, CC Docket No. 94-102 (filed Jan. 24, 2007)
    (Brazos Request); Request of LL License Holdings, Inc. for Extension
    of Time to Meet Handset Penetration Rate, CC Docket No. 94-102
    (filed Dec. 22, 2006) (LL License Request); Request of South Canaan
    Cellular Communications Company, L.P. for Extension of Time Within
    Which to Comply with Section 20.18(g)(1)(v) of the Commission's
    Rules, CC Docket No. 94-102 (filed Dec. 15, 2006) (South Canaan
    Request); Petition of Leaco Rural Telephone Cooperative, Inc. for
    Temporary Waiver of Section 20.18(g)(1)(v) of the Commission's
    Rules, CC Docket No. 94-102 (filed Dec. 12, 2006) (Leaco Request);
    Request of California RSA No. 3 Limited Partnership d/b/a Golden
    State Cellular for Additional Limited Waiver and Extension of the
    Handset Penetration Deadline of the Commission's Phase II E911
    Rules, CC Docket No. 94-102 (filed Nov. 29, 2006) (Golden State
    Request). 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* 47 C.F.R. § 20.18(g)(1)(v).

[^3]: *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, 7709-10 ¶ 1 (2005) (*Tier III Carriers
    Order*).

[^4]: *See id*.

[^5]: National Telecommunications and Information Administration
    Organization Act -- Amendment, Pub. L. No. 108-494, 118 Stat. 3986
    (2004).

[^6]: *See* 47 C.F.R. § 20.18(e).

[^7]: 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.

[^8]: 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.

[^9]: *See* 47 C.F.R. §§ 20.18(f), (g)(2).

[^10]: *See* 47 C.F.R. § 20.18(j)(1).

[^11]: *See* 47 C.F.R. § 20.18(g)(1).

[^12]: *See* 47 C.F.R. § 20.18(g)(1)(v).

[^13]: *Tier III Carriers Order*, 20 FCC Rcd at 7714 ¶ 9; *see also
    Non-Nationwide Carriers Order*, 17 FCC Rcd at 14846 ¶ 20 (stating
    that "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*)
    (stating that "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").

[^14]: 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).

[^15]: *See Order to Stay*, 18 FCC Rcd at 20996-97 ¶ 25.

[^16]: *See id*. at 20997 ¶ 29. We note that the Commission generally is
    disinclined to find that financial hardship alone is a sufficient
    reason for an extension of the E911 implementation deadlines. *Id.*

[^17]: *See id*.

[^18]: *Id.* at 20997 ¶ 28.

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

[^20]: National Telecommunications and Information Administration
    Organization Act -- Amendment, Pub. L. No. 108-494, 118 Stat. 3986
    (2004).

[^21]: *Id.* § 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.* § 107(b), 118 Stat. 3986, 3991.

[^22]: *See* Revision of the Commission's Rules to Ensure Compatibility
    with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102,
    *Order*, 21 FCC Rcd 2833, 2841 ¶ 31 (2006) (granting South Canaan an
    extension until December 31, 2006); Revision of the Commission Rules
    to Ensure Compatibility with Enhanced 911 Emergency Calling Systems,
    CC Docket No. 94-102, *Order*, 21 FCC Rcd 1774, 1790 ¶ 17 (2006)
    (granting LL License an extension until December 31, 2006); Revision
    of the Commission's Rules to Ensure Compatibility with Enhanced 911
    Emergency Calling Systems; Request for Waiver by California RSA No.
    3 Limited Partnership d/b/a Golden State Cellular, CC Docket No.
    94-102, *Order*, 20 FCC Rcd 20569, 20576 ¶ 22 (2005) (granting
    Golden State an extension until December 15, 2006); Revision of the
    Commission's Rules to Ensure Compatibility with Enhanced 911
    Emergency Calling Systems; Petition for Enhanced 911 Phase II Waiver
    by Leaco Rural Telephone Cooperative, Inc., CC Docket No. 94-102,
    *Order*, 20 FCC Rcd 20600, 20610 ¶ 27 (2005) (granting Leaco an
    extension until December 12, 2006); *Tier III Carriers Order*, 20
    FCC Rcd at 7741 ¶ 83 (granting Brazos an extension until January 31,
    2007).

[^23]: *See* Supplement to Request of South #5 RSA Limited Partnership
    d/b/a Brazos Cellular Communications, Ltd. for Additional Limited
    Waiver and Extension of the Handset Penetration Deadline of the
    Commission's Phase II E911 Rules, CC Docket No. 94-102, at 2 (filed
    Mar. 1, 2007) (reporting a handset penetration rate of 96.87% as of
    February 28, 2007); LL License Holdings, Inc. -- Handset Penetration
    Compliance Report, CC Docket No. 94-102 (filed Mar. 1, 2007)
    (reporting a handset penetration rate of 93.55% as of January 31,
    2007); California RSA No. 3 Limited Partnership d/b/a Golden State
    Cellular E911 Report, CC Docket No. 94-102 (filed Feb. 1, 2007)
    (reporting a handset penetration rate of 93% as of February 1,
    2007); South Canaan Cellular Communications Company, LP -- Report
    Due February 1, 2007, CC Docket No. 94-102 (filed Feb. 1, 2007)
    (reporting a handset penetration rate of 89% as of February 1,
    2007); Leaco Rural Telephone Cooperative, Inc. 2007 First Quarterly
    Handset Penetration Status Report, CC Docket No. 94-102 (filed Jan.
    31, 2007) (reporting a handset penetration rate of 35% as of January
    31, 2007). Leaco reports that it only recently converted its network
    from TDMA to CDMA, with the most heavily used parts of the network
    converted on November 1, 2006 and the remainder scheduled to be
    converted by January 2007. Leaco Request at 2.

[^24]: *See* Brazos Request at 2.

[^25]: *See* LL License Request at 10.

[^26]: *See* Golden State Request at 2.

[^27]: *See* Leaco Request at 1.

[^28]: *See* South Canaan Request at 1.

[^29]: *See* Golden State Request at 7-8.

[^30]: *See* Brazos Request at 3; LL License Request at 4.

[^31]: *See* South Canaan Request at 3; Golden State Request at 8.

[^32]: *See* Brazos Request at 5-7; LL License Request at 1, 8-9; South
    Canaan Request at 3-4; Leaco Request at 7-10; Golden State Request
    at 4-6.

[^33]: *See* *Non-Nationwide Carriers Order*, 17 FCC Rcd at 14853 ¶ 38.

[^34]: *See* *Tier III Carriers Order*, 20 FCC Rcd at 7709-10 ¶ 1;
    *Non-Nationwide Carriers Order*, 17 FCC Rcd at 14842-43 ¶ 6.

[^35]: *See supra* ¶ 8.

[^36]: Pub. L. No. 108-494, § 107(a), 118 Stat. 3986, 3991.

[^37]: Because we find that relief from the 95% handset penetration
    requirement is warranted pursuant to the ENHANCE 911 Act, we need
    not determine whether Petitioners' requests satisfy the Commission's
    E911 waiver criteria.

[^38]: We note that the Commission has not received any objections from
    the public safety community specific to the instant Requests.

[^39]: This condition does not apply to Brazos, which has already
    reached a 95% location-capable handset penetration rate. *See supra*
    n.Error: Reference source not found.

[^40]: Brazos must therefore file quarterly reports through February 28,
    2008; LL License through April 30, 2008; Golden State through June
    15, 2008; Leaco through September 12, 2008; and South Canaan through
    September 30, 2008. We believe it is important to continue
    monitoring Petitioners' progress for an additional year following
    their revised deadlines.

[^41]: *See, e.g.*, Request for Waiver of Location-Capable Handset
    Penetration Deadline by Sprint Nextel Corporation, WT Docket No.
    05-286, *Order*, FCC 06-183, ¶ 32 (rel. Jan. 5, 2007) (describing
    compliance efforts undertaken by Tier III carriers).

[^42]: For example, to the extent that Petitioners offer free
    location-capable handsets as an inducement to their subscribers to
    upgrade non-location-capable handsets, they should explain whether
    these free handsets were offered without requiring a renewed or
    extended service contract.