**DA 08-2129\
Released: September 22, 2008**

**COMMENT SOUGHT ON PROPOSALS REGARDING SERVICE RULES FOR WIRELESS
ENHANCED 911 PHASE II LOCATION ACCURACY AND RELIABILITY**

**PS Docket No. 07-114**

**Comments Due: 10 days after publication in the Federal Register**

**Reply Comments Due: 17 days after publication in the Federal Register
(at 12:00 Noon)**[^1]

On November 20, 2007, the Commission released a Report and Order
(*Location Accuracy Order*) requiring wireless licensees subject to
section 20.18(h) of the Commission's rules,[^2] which specifies the
standards for wireless Enhanced 911 (E911) Phase II location accuracy
and reliability, to satisfy these standards at a geographical level
defined by the coverage area of a Public Safety Answering Point
(PSAP).[^3] On March 25, 2008, the United States Court of Appeals for
the District of Columbia Circuit (Court) stayed the Location Accuracy
Order.[^4]

On July 14, 2008, APCO and the National Emergency Number Association
(NENA) filed an *ex parte* letter addressing handset-based and
network-based location accuracy criteria, stating that they "are now
willing to accept compliance measurements at the county level" rather
than at the PSAP level, and that "\[p\]ublic safety and wireless
carriers are in current discussions on a number of other issues
associated with E9-1-1."[^5]

On July 31, 2008, the Commission filed with the Court a Motion for
Voluntary Remand and Vacatur, which requested remand based on the
proposals contained in the July 14 *ex parte* letter and "\[i\]n light
of the public safety community's support for revised rules."[^6]
Following this filing with the Court, NENA, APCO, Verizon Wireless,
Sprint Nextel Corporation, and AT&T submitted written *ex parte* letters
with the Commission with proposed new wireless E911 rules. Taken
together, these proposals reflect agreement among those parties for new
E911 accuracy requirements for both handset-based and network-based
technologies, in order to achieve E911 accuracy compliance at the
county-level. The parties also offer plans to convene industry groups to
address related E911 issues, and AT&T included a proposal reflecting
agreement on carrier provision of confidence and uncertainty data to
PSAPs. Copies of all relevant ex parte submissions are attached as
Appendix A to this Public Notice.

We therefore seek comment on the proposed changed accuracy requirements,
including the benchmarks, limitations, and exclusions noted therein, for
handset-based and network-based location technologies. We also invite
views on the pledges to convene industry groups to explore related
issues, and whether we should require the provision of confidence and
uncertainty data. In sum, by this Public Notice, the Public Safety and
Homeland Security Bureau seeks comment on all of these proposals as well
as any alternative modifications to location accuracy requirements. The
Bureau urges all interested parties to review the entirety of the
above-referenced *ex parte* letters.

We also seek comment on the attached Initial Regulatory Flexibility
Analysis in connection with the proposals described above (see Appendix
B).

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.

Interested parties may file comments on or before \[10 days after
publication in the Federal Register\], and reply comments on or before
\[17 days after publication in the Federal Register\]. This abbreviated
comment cycle is appropriate given the compelling public interest in
achieving accurate and reliable E911 location information.

Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies.[^7] Comments filed through the
ECFS can be sent as an electronic file via the Internet to
<http://www.fcc.gov/cgb/ecfs/>. Generally, only one copy of an
electronic submission must be filed. If multiple docket or rulemaking
numbers appear in the caption of the proceeding, commenters must
transmit one electronic copy of the comments to each docket or
rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, U.S.
Postal Service mailing address, and the applicable docket or rulemaking
numbers. All filings concerning this Public Notice should refer to PS
Docket No. 07-114. Parties may also submit an electronic comment by
Internet e-mail. To get filing instructions for e-mail comments,
commenters should send an e-mail to <ecfs@fcc.gov>, and should include
the following words in the body of the message, "get form." A sample
form and directions will be sent in reply. Parties who choose to file by
paper must file an original and four copies of each filing. If more than
one docket or rulemaking number appears in the caption of this
proceeding, commenters must submit two additional copies for each
additional docket or rulemaking number.

Paper filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). Parties are strongly encouraged to file comments
electronically using the Commission's ECFS.

The Commission\'s contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission\'s Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.

> -The filing hours at this location are 8:00 a.m. to 7:00 p.m.
>
> -All hand deliveries must be held together with rubber bands or
> fasteners.
>
> -Any envelopes must be disposed of before entering the building.
>
> -Commercial overnight mail (other than U.S. Postal Service Express
> Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
> Capitol Heights, MD 20743.
>
> -U.S. Postal Service first-class mail, Express Mail, and Priority Mail
> should be addressed to 445 12th Street, S.W., Washington, D.C. 20554.

All filings must be addressed to the Commission's Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, 445
12th Street, S.W., Washington, D.C. 20554. Parties shall also serve one
copy with the Commission's copy contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, S.W., Room CY-B402, Washington,
D.C. 20554, (202) 488-5300, or via e-mail to <fcc@bcpiweb.com>.

Documents in PS Docket No. 07-114 will be available for public
inspection and copying during business hours at the FCC Reference
Information Center, Portals II, 445 12^th^ St. S.W., Room CY-A257,
Washington, DC 20554. The documents may also be purchased from BCPI,
telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562,
e-mail <fcc@bcpiweb.com>.

To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail
to <fcc504@fcc.gov> or call the Consumer & Governmental Affairs Bureau
at 202-418-0530 (voice), 202-418-0432 (tty).

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission\'s *ex parte* rules.[^8] Persons making
oral *ex parte* presentations are reminded that memoranda summarizing
the presentations must contain summaries of the substance of the
presentations and not merely a listing of the subjects discussed. More
than a one- or two-sentence description of the views and arguments
presented generally is required.[^9] Other requirements pertaining to
oral and written presentations are set forth in section 1.1206(b) of the
Commission\'s rules.[^10]

This document contains proposed new information collection requirements.
The Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public and the Office of Management and
Budget (OMB) to comment on the information collection requirements
contained in this document, as required by the Paperwork Reduction Act
of 1995, Public Law 104-13.  In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, *see*  44 U.S.C.
3506(c)(4), we seek specific comment on how we might "further reduce the
information collection burden for small business concerns with fewer
than 25 employees."

For further information, contact Thomas J. Beers, Chief, Policy
Division, Public Safety and Homeland Security Bureau, at (202) 418-0952.

**- FCC-**

**APPENDIX A**

**Ex Parte Submissions**

**APPENDIX B**

## Initial Regulatory Flexibility Analysis {#initial-regulatory-flexibility-analysis .unnumbered}

1.  As required by the Regulatory Flexibility Act of 1980, as amended
    (RFA),[^11] the Commission has prepared this present Initial
    Regulatory Flexibility Analysis (IRFA) of the possible significant
    economic impact of the proposal described in the attached Public
    Notice on small entities. Written public comments are requested on
    this IRFA. Comments must be identified as responses to the IRFA and
    must be filed by the deadlines for comments in the Public Notice.
    The Commission will send a copy of the Public Notice, including this
    IRFA, to the Chief Counsel for Advocacy of the Small Business
    Administration (SBA).[^12] In addition, the Notice and IRFA (or
    summaries thereof) will be published in the Federal Register.[^13]

    A.  **Need for, and Objectives of, the Proposed Rules**

2.  The Public Notice seeks comments broadly on a proposal recently
    submitted by\
    APCO, NENA, AT&T, Sprint Nextel Corporation, and Verizon Wireless,
    and on any other alternative approaches, to best ensure that public
    safety answering points (PSAPs) receive location information that is
    as accurate as possible for all wireless E911 calls. APCO, NENA,
    AT&T, Sprint Nextel Corporation, and Verizon Wireless propose
    requiring measurement of location accuracy compliance at the county
    level rather than PSAP level; certain modifications to the Phase II
    location accuracy requirements set forth in 47 C.F.R.§ 20.18(h);
    provision for testing to establish baseline confidence and
    uncertainty levels in a county; and stakeholder-based consultation
    to explore such E911-related issues as possible approaches for
    assessing wireless 911 location accuracy for calls originating
    indoors; updated outdoor and indoor accuracy measurement
    methodologies, testing of emerging technology claims; E911
    responsibilities in an open-access environment, and the development
    of hybrid network aGPS technologies.

> **B. Legal Basis**

3.  The legal basis for any action that may be taken pursuant to this
    Public Notice is contained in Sections 4(i) and 332 of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 332.

> **C. Description and Estimate of the Number of Small Entities to Which
> the Proposed Rules Would Apply**

4.  The RFA directs agencies to provide a description of and, where
    feasible, an estimate of the number of small entities that may be
    affected by the proposed rules.[^14] The RFA generally defines the
    term "small entity" as having the same meaning as the terms "small
    business," "small organization," and "small governmental
    jurisdiction."[^15] In addition, the term "small business" has the
    same meaning as the term "small business concern" under the Small
    Business Act.[^16] A small business concern is one which: (1) is
    independently owned and operated; (2) is not dominant in its field
    of operation; and (3) satisfies any additional criteria established
    by the Small Business Administration (SBA).[^17]

5.  Nationwide, there are a total of approximately 22.4 million small
    businesses, according to SBA data.[^18] A "small organization" is
    generally "any not-for-profit enterprise which is independently
    owned and operated and is not dominant in its field."[^19]
    Nationwide, as of 2002, there were approximately 1.6 million small
    organizations.[^20] The term "small governmental jurisdiction" is
    defined generally as "governments of cities, towns, townships,
    villages, school districts, or special districts, with a population
    of less than fifty thousand."[^21] Census Bureau data for 2002
    indicate that there were 87,525 local governmental jurisdictions in
    the United States.[^22] We estimate that, of this total, 84,377
    entities were "small governmental jurisdictions."[^23] Thus, we
    estimate that most governmental jurisdictions are small.

### 1. Telecommunications Service Entities {#telecommunications-service-entities .unnumbered}

#### Wireless Telecommunications Service Providers

6.  Pursuant to 47 C.F.R. § 20.18(a), the Commission's 911 Service
    requirements are only applicable to Commercial Mobile Radio Service
    (CMRS) "\[providers\], excluding mobile satellite service operators,
    to the extent that they: (1) Offer real-time, two way switched voice
    service that is interconnected with the public switched network;
    and (2) Utilize an in-network switching facility that enables the
    provider to reuse frequencies and accomplish seamless hand-offs of
    subscriber calls. These requirements are applicable to entities that
    offer voice service to consumers by purchasing airtime or capacity
    at wholesale rates from CMRS licensees."

7.  Below, for those services subject to auctions, we note that, as a
    general matter, the number of winning bidders that qualify as small
    businesses at the close of an auction does not necessarily represent
    the number of small businesses currently in service. Also, the
    Commission does not generally track subsequent business size unless,
    in the context of assignments or transfers, unjust enrichment issues
    are implicated.

8.  *Cellular Licensees.* The SBA has developed a small business size
    standard for wireless firms within the broad economic census
    category "Cellular and Other Wireless Telecommunications."[^24]
    Under this SBA category, a wireless business is small if it has
    1,500 or fewer employees. For the census category of Cellular and
    Other Wireless Telecommunications, Census Bureau data for 2002 show
    that there were 1,397 firms in this category that operated for the
    entire year.[^25] Of this total, 1,378 firms had employment of 999
    or fewer employees, and 19 firms had employment of 1,000 employees
    or more.[^26] Thus, under this category and size standard, the great
    majority of firms can be considered small. Also, according to
    Commission data, 437 carriers reported that they were engaged in the
    provision of cellular service, Personal Communications Service
    (PCS), or Specialized Mobile Radio (SMR) Telephony services, which
    are placed together in the data.[^27] We have estimated that 260 of
    these are small, under the SBA small business size standard.[^28]

9.  *Common Carrier Paging.* The SBA has developed a small business size
    standard for wireless firms within the broad economic census
    category, "Cellular and Other Wireless Telecommunications."[^29]
    Under this SBA category, a wireless business is small if it has
    1,500 or fewer employees. For the census category of Paging, Census
    Bureau data for 2002 show that there were 807 firms in this category
    that operated for the entire year.[^30] Of this total, 804 firms had
    employment of 999 or fewer employees, and three firms had employment
    of 1,000 employees or more.[^31] Thus, under this category and
    associated small business size standard, the majority of firms can
    be considered small. In the Paging *Third Report and Order*, we
    developed a small business size standard for "small businesses" and
    "very small businesses" for purposes of determining their
    eligibility for special provisions such as bidding credits and
    installment payments.[^32] A "small business" is an entity that,
    together with its affiliates and controlling principals, has average
    gross revenues not exceeding \$15 million for the preceding three
    years. Additionally, a "very small business" is an entity that,
    together with its affiliates and controlling principals, has average
    gross revenues that are not more than \$3 million for the preceding
    three years.[^33] The SBA has approved these small business size
    standards.[^34] An auction of Metropolitan Economic Area licenses
    commenced on February 24, 2000, and closed on March 2, 2000.[^35] Of
    the 985 licenses auctioned, 440 were sold. Fifty-seven companies
    claiming small business status won. Also, according to Commission
    data, 375 carriers reported that they were engaged in the provision
    of paging and messaging services.[^36] Of those, we estimate that
    370 are small, under the SBA-approved small business size
    standard.[^37]

10. *Wireless Telephony*. Wireless telephony includes cellular, personal
    communications services (PCS), and specialized mobile radio (SMR)
    telephony carriers. As noted earlier, the SBA has developed a small
    business size standard for "Cellular and Other Wireless
    Telecommunications" services.[^38] Under that SBA small business
    size standard, a business is small if it has 1,500 or fewer
    employees.[^39] According to Commission data, 445 carriers reported
    that they were engaged in the provision of wireless telephony.[^40]
    We have estimated that 245 of these are small under the SBA small
    business size standard.

11. *Broadband Personal Communications Service*. The broadband Personal
    Communications Service (PCS) spectrum is divided into six frequency
    blocks designated A through F, and the Commission has held auctions
    for each block. The Commission defined "small entity" for Blocks C
    and F as an entity that has average gross revenues of \$40 million
    or less in the three previous calendar years.[^41] For Block F, an
    additional classification for "very small business" was added and is
    defined as an entity that, together with its affiliates, has average
    gross revenues of not more than \$15 million for the preceding three
    calendar years."[^42] These standards defining "small entity" in the
    context of broadband PCS auctions have been approved by the
    SBA.[^43] No small businesses, within the SBA-approved small
    business size standards bid successfully for licenses in Blocks A
    and B. There were 90 winning bidders that qualified as small
    entities in the Block C auctions. A total of 93 small and very small
    business bidders won approximately 40 percent of the 1,479 licenses
    for Blocks D, E, and F.[^44] On March 23, 1999, the Commission
    re-auctioned 347 C, D, E, and F Block licenses. There were 48 small
    business winning bidders. On January 26, 2001, the Commission
    completed the auction of 422 C and F Broadband PCS licenses in
    Auction No. 35. Of the 35 winning bidders in this auction, 29
    qualified as "small" or "very small" businesses. Subsequent events,
    concerning Auction 35, including judicial and agency determinations,
    resulted in a total of 163 C and F Block licenses being available
    for grant.

12. *Narrowband Personal Communications Services.* To date, two auctions
    of narrowband personal communications services (PCS) licenses have
    been conducted. For purposes of the two auctions that have already
    been held, "small businesses" were entities with average gross
    revenues for the prior three calendar years of \$40 million or less.
    Through these auctions, the Commission has awarded a total of 41
    licenses, out of which 11 were obtained by small businesses. To
    ensure meaningful participation of small business entities in future
    auctions, the Commission has adopted a two-tiered small business
    size standard in the *Narrowband PCS Second Report and Order*.[^45]
    A "small business" is an entity that, together with affiliates and
    controlling interests, has average gross revenues for the three
    preceding years of not more than \$40 million. A "very small
    business" is an entity that, together with affiliates and
    controlling interests, has average gross revenues for the three
    preceding years of not more than \$15 million. The SBA has approved
    these small business size standards.[^46] In the future, the
    Commission will auction 459 licenses to serve Metropolitan Trading
    Areas (MTAs) and 408 response channel licenses. There is also one
    megahertz of narrowband PCS spectrum that has been held in reserve
    and that the Commission has not yet decided to release for
    licensing. The Commission cannot predict accurately the number of
    licenses that will be awarded to small entities in future auctions.
    However, four of the 16 winning bidders in the two previous
    narrowband PCS auctions were small businesses, as that term was
    defined. The Commission assumes, for purposes of this analysis that
    a large portion of the remaining narrowband PCS licenses will be
    awarded to small entities. The Commission also assumes that at least
    some small businesses will acquire narrowband PCS licenses by means
    of the Commission's partitioning and disaggregation rules.

13. *Rural Radiotelephone Service.* The Commission has not adopted a
    size standard for small businesses specific to the Rural
    Radiotelephone Service.[^47] A significant subset of the Rural
    Radiotelephone Service is the Basic Exchange Telephone Radio System
    (BETRS).[^48] The Commission uses the SBA's small business size
    standard applicable to "Cellular and Other Wireless
    Telecommunications," *i.e.*, an entity employing no more than 1,500
    persons.[^49] There are approximately 1,000 licensees in the Rural
    Radiotelephone Service, and the Commission estimates that there are
    1,000 or fewer small entity licensees in the Rural Radiotelephone
    Service that may be affected by the rules and policies adopted
    herein.

14. *Air-Ground Radiotelephone Service.* The Commission has not adopted
    a small business size standard specific to the Air-Ground
    Radiotelephone Service.[^50] We will use SBA's small business size
    standard applicable to "Cellular and Other Wireless
    Telecommunications," *i.e.*, an entity employing no more than 1,500
    persons.[^51] There are approximately 100 licensees in the
    Air-Ground Radiotelephone Service, and we estimate that almost all
    of them qualify as small under the SBA small business size standard.

15. *Offshore Radiotelephone Service.* This service operates on several
    UHF television broadcast channels that are not used for television
    broadcasting in the coastal areas of states bordering the Gulf of
    Mexico.[^52] There are presently approximately 55 licensees in this
    service. We are unable to estimate at this time the number of
    licensees that would qualify as small under the SBA's small business
    size standard for "Cellular and Other Wireless Telecommunications"
    services.[^53] Under that SBA small business size standard, a
    business is small if it has 1,500 or fewer employees.[^54]

#### International Service Providers

16. The Commission has not developed a small business size standard
    specifically for providers of international service. The appropriate
    size standards under SBA rules are for the two broad census
    categories of "Satellite Telecommunications" and "Other
    Telecommunications." Under both categories, such a business is small
    if it has \$13.5 million or less in average annual receipts.[^55]

17. The first category of Satellite Telecommunications "comprises
    establishments primarily engaged in providing point-to-point
    telecommunications services to other establishments in the
    telecommunications and broadcasting industries by forwarding and
    receiving communications signals via a system of satellites or
    reselling satellite telecommunications."[^56] For this category,
    Census Bureau data for 2002 show that there were a total of 371
    firms that operated for the entire year.[^57] Of this total, 307
    firms had annual receipts of under \$10 million, and 26 firms had
    receipts of \$10 million to \$24,999,999.[^58] Consequently, we
    estimate that the majority of Satellite Telecommunications firms are
    small entities that might be affected by our action.

18. The second category of Other Telecommunications "comprises
    establishments primarily engaged in (1) providing specialized
    telecommunications applications, such as satellite tracking,
    communications telemetry, and radar station operations; or (2)
    providing satellite terminal stations and associated facilities
    operationally connected with one or more terrestrial communications
    systems and capable of transmitting telecommunications to or
    receiving telecommunications from satellite systems."[^59] For this
    category, Census Bureau data for 2002 show that there were a total
    of 332 firms that operated for the entire year.[^60] Of this total,
    303 firms had annual receipts of under \$10 million and 15 firms had
    annual receipts of \$10 million to \$24,999,999.[^61] Consequently,
    we estimate that the majority of Other Telecommunications firms are
    small entities that might be affected by our action.

#### Equipment Manufacturers

19. *Wireless Communications Equipment Manufacturing.* The Census Bureau
    defines this category as follows: "This industry comprises
    establishments primarily engaged in manufacturing radio and
    television broadcast and wireless communications equipment. Examples
    of products made by these establishments are: transmitting and
    receiving antennas, cable television equipment, GPS equipment,
    pagers, cellular phones, mobile communications equipment, and radio
    and television studio and broadcasting equipment."[^62] The SBA has
    developed a small business size standard for Radio and Television
    Broadcasting and Wireless Communications Equipment Manufacturing,
    which is: all such firms having 750 or fewer employees.[^63]
    According to Census Bureau data for 2002, there were a total of
    1,041 establishments in this category that operated for the entire
    year.[^64] Of this total, 1,010 had employment of under 500, and an
    additional 13 had employment of 500 to 999.[^65] Thus, under this
    size standard, the majority of firms can be considered small.

20. *Semiconductor and Related Device Manufacturing.* These
    establishments manufacture "computer storage devices that allow the
    storage and retrieval of data from a phase change, magnetic,
    optical, or magnetic/optical media."[^66] The SBA has developed a
    small business size standard for this category of manufacturing;
    that size standard is 500 or fewer employees.[^67] According to
    Census Bureau data for 1997, there were 1,082 establishments in this
    category that operated for the entire year.[^68] Of these, 987 had
    employment of under 500, and 52 establishments had employment of 500
    to 999.

21. *Computer Storage Device Manufacturing.* These establishments
    manufacture "computer storage devices that allow the storage and
    retrieval of data from a phase change, magnetic, optical, or
    magnetic/optical media."[^69] The SBA has developed a small business
    size standard for this category of manufacturing; that size standard
    is 1,000 or fewer employees.[^70] According to Census Bureau data
    for 1997, there were 209 establishments in this category that
    operated for the entire year.[^71] Of these, 197 had employment of
    under 500, and eight establishments had employment of 500 to 999.

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D.  **Description of Projected Reporting, Recordkeeping, and Other
    Compliance Requirements for Small Entities**

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22. The Public Notice seeks comment broadly on APCO, NENA, AT&T, Sprint
    Nextel Corporation, and Verizon Wireless' proposals, and on any
    other alternative approaches, to best ensure that public safety
    answering points (PSAPs) receive location information that is as
    accurate as possible for all wireless E911 calls. APCO, NENA, AT&T,
    Sprint Nextel Corporation, and Verizon Wireless propose requiring
    measurement of location accuracy compliance at the county level
    rather than PSAP level; certain modifications to the compliance
    levels set forth in rules section 20.18(h).

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E.  **Steps Taken to Minimize Significant Economic Impact on Small
    Entities, and Significant Alternatives Considered**

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23. The RFA requires an agency to describe any significant, specifically
    small business alternatives that it has considered in reaching its
    proposed approach, which may include the following four alternatives
    (among others): "(1) the establishment of differing compliance or
    reporting requirements or timetables that take into account the
    resources available to small entities; (2) the clarification,
    consolidation, or simplification of compliance or reporting
    requirements under the rule for small entities; (3) the use of
    performance, rather than design, standards; and (4) and exemption
    from coverage of the rule, or any part thereof, for small
    entities."[^72]

24. The Public Notice seeks comment on the relative merits of APCO,
    NENA, AT&T, Sprint Nextel Corporation, and Verizon Wireless'
    proposals. To assist in the analysis, commenters are requested to
    provide information regarding how small entities would be affected
    if the Commission were to adopt APCO, NENA, AT&T, Sprint Nextel
    Corporation, and Verizon Wireless' proposals, or any alternative
    proposals offered by other commenters. Commenters should also
    provide information on alternative approaches to alleviate any
    potential burdens on small entities.

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F.  **Federal Rules that May Duplicate, Overlap, or Conflict with the
    Proposed Rules**

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25. \<None.\>

[^1]: We are setting the comment deadline at 12:00 Noon in light of the
    fact that the comment deadline may be extended by the Columbus Day
    holiday. 

[^2]: 47 C.F.R. § 20.18(h).

[^3]: Wireless E911 Location Accuracy Requirements, Revision of the
    Commission's Rules to Ensure Compatibility with Enhanced 911
    Emergency Calling Systems, Association of Public-Safety
    Communications Officials-International, Inc. Request for Declaratory
    Ruling, 911 Requirements for IP-Enabled Service Providers, PS Docket
    No. 07-114, CC Docket No. 94-102, WC Docket No. 05-196, *Report and
    Order*, 22 FCC Rcd 20105 (2007) (*Location Accuracy Order*).

[^4]: *Rural Cellular Association and T-Mobile USA, Inc. v. Federal
    Communications Commission and the United States of America*, No.
    08-1069, slip op. at 1 (DC Cir. Mar. 25, 2008) (per curiam).

[^5]: Letter from Willis Carter, President, APCO, and Ronald Bonneau,
    President, NENA, to Derek Poarch, Chief, Public Safety and Homeland
    Security Bureau, FCC, filed July 14, 2007, at 1-2.

[^6]: Motion of Federal Communications Commission for Voluntary Remand
    and Vacatur, Rural Cellular Association and T-Mobile et al v.
    Federal Communications Commission and United States of America, No.
    08-1069 (D.C. Cir. July 31, 2008). On September 17, 2008, the Court
    granted the Commission's request. Order Granting Mot. Rem. (Sept.
    17, 2008).

[^7]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).

[^8]: 47 C.F.R. § 1.1200 *et seq.*

[^9]: *See* 47 C.F.R. § 1.1206(b)(2).

[^10]: 47 C.F.R. § 1.1206(b).

[^11]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 -- 612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^12]: *See* 5 U.S.C. § 603(a).

[^13]: *See* 5 U.S.C. § 603(a).

[^14]: 5 U.S.C. §§ 603(b)(3), 604(a)(3).

[^15]: 5 U.S.C. § 601(6).

[^16]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small business concern" in the Small Business Act, 15 U.S.C.
    § 632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such terms which are appropriate to the activities of
    the agency and publishes such definitions(s) in the Federal
    Register."

[^17]: 15 U.S.C. § 632.

[^18]: *See* SBA, Programs and Services, SBA Pamphlet No. CO-0028, at
    page 40 (July 2002).

[^19]: 5 U.S.C. § 601(4).

[^20]: Independent Sector, The New Nonprofit Almanac & Desk Reference
    (2002).

[^21]: 5 U.S.C. § 601(5).

[^22]: U.S. Census Bureau, Statistical Abstract of the United States:
    2006, Section 8, page 272, Table 415.

[^23]: We assume that the villages, school districts, and special
    districts are small, and total 48,558. *See* U.S. Census Bureau,
    Statistical Abstract of the United States: 2006, section 8, page
    273, Table 417. For 2002, Census Bureau data indicate that the total
    number of county, municipal, and township governments nationwide was
    38,967, of which 35,819 were small. *Id.*

[^24]: 13 C.F.R. § 121.201, NAICS code 513322 (changed to 517212 in
    October 2002).

[^25]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    "Information," Table 5, Employment Size of Firms for the United
    States: 2002, NAICS code 517212 (issued November 2005).

[^26]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is firms with "1000
    employees or more."

[^27]: "Trends in Telephone Service" at Table 5.3.

[^28]: *Id.*

[^29]: 13 C.F.R. § 121.201, NAICS code 513322 (changed to 517212 in
    October 2002).

[^30]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    "Information," Table 5, Employment Size of Firms for the United
    States: 2002, NAICS code 517211 (issued November 2005).

[^31]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is firms with "1000
    employees or more."

[^32]: *Amendment of Part 90 of the Commission's Rules to Provide for
    the Use of the 220-222 MHz Band by the Private Land Mobile Radio
    Service*, PR Docket No. 89-552, Third Report and Order and Fifth
    Notice of Proposed Rulemaking, 12 FCC Rcd 10943, 11068-70, paras.
    291-295, 62 FR 16004 (Apr. 3, 1997).

[^33]: *See* Letter to Amy Zoslov, Chief, Auctions and Industry Analysis
    Division, Wireless Telecommunications Bureau, FCC, from A. Alvarez,
    Administrator, SBA (Dec. 2, 1998) (SBA Dec. 2, 1998 Letter).

[^34]: *Revision of Part 22 and Part 90 of the Commission's Rules to
    Facilitate Future Development of Paging Systems*, Memorandum Opinion
    and Order on Reconsideration and Third Report and Order, 14 FCC Rcd
    10030, paras. 98-107 (1999).

[^35]: *Id.* at 10085, para. 98.

[^36]: "Trends in Telephone Service" at Table 5.3.

[^37]: *Id.*

[^38]: 13 C.F.R. § 121.201, NAICS code 513322 (changed to 517212 in
    October 2002).

[^39]: *Id.*

[^40]: "Trends in Telephone Service" at Table 5.3.

[^41]: *See Amendment of Parts 20 and 24 of the Commission's Rules --
    Broadband PCS Competitive Bidding and the Commercial Mobile Radio
    Service Spectrum Cap*, WT Docket No. 96-59, Report and Order, 11 FCC
    Rcd 7824, 61 FR 33859 (July 1, 1996) (*PCS Order*); *see also* 47
    C.F.R. § 24.720(b).

[^42]: *See PCS Order*, 11 FCC Rcd 7824.

[^43]: *See, e.g*., *Implementation of Section 309(j) of the
    Communications Act -- Competitive Bidding*, PP Docket No. 93-253,
    Fifth Report and Order, 9 FCC Rcd 5332, 59 FR 37566 (July 22, 1994).

[^44]: FCC News, Broadband PCS, D, E and F Block Auction Closes, No.
    71744 (rel. Jan. 14, 1997); *see also Amendment of the Commission's
    Rules Regarding Installment Payment Financing for Personal
    Communications Services (PCS) Licenses*, WT Docket No. 97-82, Second
    Report and Order, 12 FCC Rcd 16436, 62 FR 55348 (Oct. 24, 1997).

[^45]: *Amendment of the Commission's Rules to Establish New Personal
    Communications Services, Narrowband PCS*, Docket No. ET 92-100,
    Docket No. PP 93-253, Second Report and Order and Second Further
    Notice of Proposed Rulemaking, 15 FCC Rcd 10456, 65 FR 35875 (June
    6, 2000).

[^46]: *See* SBA Dec. 2, 1998 Letter.

[^47]: The service is defined in section 22.99 of the Commission's
    Rules, 47 C.F.R. § 22.99.

[^48]: BETRS is defined in sections 22.757 and 22.759 of the
    Commission's Rules, 47 C.F.R. §§ 22.757 and 22.759.

[^49]: 13 C.F.R. § 121.201, NAICS code 517212.

[^50]: The service is defined in section 22.99 of the Commission's
    rules, 47 C.F.R. § 22.99.

[^51]: 13 C.F.R. § 121.201, NAICS codes 517212.

[^52]: This service is governed by Subpart I of Part 22 of the
    Commission's rules. *See* 47 C.F.R. §§ 22.1001-22.1037.

[^53]: 13 C.F.R. § 121.201, NAICS code 513322 (changed to 517212 in
    October 2002).

[^54]: *Id*.

[^55]: 13 C.F.R. § 121.201, NAICS codes 517410 and 517910.

[^56]: U.S. Census Bureau, "2002 NAICS Definitions: 517410 Satellite
    Telecommunications" ([www.census.gov](http://www.census.gov/).,
    visited Feb. 2006).

[^57]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization)," Table 4, NAICS code 517410 (issued Nov. 2005).

[^58]: *Id*. An additional 38 firms had annual receipts of \$25 million
    or more.

[^59]: U.S. Census Bureau, 2002 NAICS Definitions, "517910 Other
    Telecommunications";
    <http://www.census.gov/epcd/naics02/def/NDEF517.HTM>.

[^60]:  U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization)," Table 4, NAICS code 517910 (issued Nov. 2005).

[^61]: *Id*. An additional 14 firms had annual receipts of \$25 million
    or more.

[^62]: U.S. Census Bureau, 2002 NAICS Definitions, "334220 Radio and
    Television Broadcasting and Wireless Communications Equipment
    Manufacturing";
    <http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342>.

[^63]: 13 C.F.R. § 121.201, NAICS code 334220.

[^64]: U.S. Census Bureau, American FactFinder, 2002 Economic Census,
    Industry Series, Industry Statistics by Employment Size, NAICS code
    334220 (released May 26, 2005);
    [http://factfinder.census.gov](http://factfinder.census.gov/). The
    number of "establishments" is a less helpful indicator of small
    business prevalence in this context than would be the number of
    "firms" or "companies," because the latter take into account the
    concept of common ownership or control. Any single physical location
    for an entity is an establishment, even though that location may be
    owned by a different establishment. Thus, the numbers given may
    reflect inflated numbers of businesses in this category, including
    the numbers of small businesses. In this category, the Census
    breaks-out data for firms or companies only to give the total number
    of such entities for 2002, which was 929.

[^65]: *Id*. An additional 18 establishments had employment of 1,000 or
    more.

[^66]: U.S. Census Bureau, "2002 NAICS Definitions: 334413 Semiconductor
    and Related Device Manufacturing" (Feb. 2004) \<www.census.gov\>.

[^67]: 13 C.F.R. § 121.201, NAICS code 334413.

[^68]: U.S. Census Bureau, 1997 Economic Census, Industry Series:
    Manufacturing, "Semiconductor and Related Device Manufacturing ,"
    Table 4, NAICS code 334413 (issued July 1999).

[^69]: U.S. Census Bureau, "2002 NAICS Definitions: 334112 Computer
    Storage Device Manufacturing" (Feb. 2004) \<www.census.gov\>.

[^70]: 13 C.F.R. § 121.201, NAICS code 334112.

[^71]: U.S. Census Bureau, 1997 Economic Census, Industry Series:
    Manufacturing, "Computer Storage Device Manufacturing," Table 4,
    NAICS code 334112 (issued July 1999).

[^72]: 5 U.S.C. §§ 603(c)(1)-(c)(4).