DA 02- 2560

October 7, 2002

**WIRELESS TELECOMMUNICATIONS BUREAU**

**SEEKS COMMENT ON SMALL BUSINESS SIZE STANDARD**

**CC Docket No. 94-102**

**Comments Due: November 6, 2002**

**Reply Comments Due: November 21, 2002**

On July 26, 2002, the Commission adopted an Order staying certain
wireless enhanced 911 (E911) Phase II deployment deadlines for Tier II
and Tier III carriers, with conditions.[^1] Pursuant to this Order, Tier
II carriers were defined as non-nationwide carriers that had over
500,000 subscribers as of year-end 2001, and Tier III carriers were
defined as all other non-nationwide carriers.[^2] In the *E911 Small
Carriers Order,* the Commission noted that it would solicit public
comment on the proposed size standard for Tier III carriers, in
accordance with Section 121.902(b) of the SBA's small business size
regulations.[^3] We now seek comment on this matter for purposes of
obtaining SBA approval of the Tier III size standard. This action will
not affect the deadlines or conditions set forth in the E911 Small
Carriers Order, including applicable reporting requirements.

In the *E911 Small Carriers Order,* the Commission defined Tier II, or
mid-size carriers, as those non-nationwide carriers with over 500,000
subscribers as of year-end 2001. The Commission defined Tier III
carriers as all other non-nationwide carriers. The Commission found this
to be the appropriate level to distinguish between Tier II and Tier III
carriers, noting that each of the Tier II carriers reported over \$85
million in annual revenues for 2001,[^4] and thus should have sufficient
resources to pursue an E911 Phase II solution more quickly than the very
smallest of carriers. The Commission reasoned that these relatively
larger carriers should also have a greater ability to obtain location
technologies in a shorter period of time as compared with the smallest
carriers. Additionally, we believe that a standard based on number of
subscribers rather than the number of employees may more accurately
reflect the size of the carrier\'s wireless network and as a result, the
scope of work required to implement Phase II service.

Interested parties may file comments on or before November 6, 2002, and
reply comments on or before November 21, 2002. Comments may be filed
using the Commission's Electronic Comment Filing System (ECFS) or by
filing paper copies.[^5]

Comments filed through the ECFS can be sent as an electronic file via
the Internet to <http://www.fcc.gov/e-file/ecfs.html>. Generally, only
one copy of an electronic submission must be filed. If multiple docket
or rulemaking numbers appear in the caption of this proceeding, however,
commenters must transmit one electronic copy of the filing to each
docket or rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, Postal
Service mailing address, and the applicable docket or rulemaking number.
Parties may also submit an electronic copy 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 \<your email address\>." A sample form
and directions will be sent in reply. Commenters also may obtain a copy
of the ASCII Electronic Transmittal Form (FORM-ET) at
<http://www.fcc.gov/e-file/email.html>.

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.
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). The Commission's contractor, Vistronix, Inc., 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 12^th^ Street, S.W.,
Washington, D.C. 20554. All filings must be addressed to the
Commission's Secretary, Office of the Secretary, Federal Communications
Commission. A copy should also be sent to Jennifer Tomchin, 445 12^th^
Street, S.W., Room 3-C400, Washington, D.C. 20554.

Regardless of whether parties choose to file electronically or by paper,
parties should also file one copy of any documents filed in this docket
with the Commission's copy contractor, Qualex International, Portals II,
445 12^th^ Street S.W., CY-B402, Washington, D.C. 20554 (telephone
202-863-2893; facsimile 202-863-2898) or via e-mail at
<qualexint@aol.com>. In addition, one copy of each submission must be
filed with the Chief, Policy Division, Wireless Telecommunications
Bureau, 445 12^th^ Street, S.W., Washington, D.C. 20554. Documents filed
in this proceeding will be available for public inspection during
regular business hours in the Commission's Reference Information Center,
445 12^th^ Street, S.W., Washington, D.C. 20554, and will be placed on
the Commission's Internet site.

For further information concerning this proceeding, contact Jennifer
Tomchin, Policy Division, Wireless Telecommunications Bureau at (202)
418-1310, TTY (202) 418-1169.

**- FCC -**

[^1]: *See Revision of the Commission's Rules to Ensure Compatibility
    with Enhanced 911 Emergency Calling Systems*, CC Docket No. 94-102,
    Order to Stay (rel. July 26, 2002) (*E911 Small Carriers Order*).

[^2]: *See E911 Small Carriers Order* at para. 22-23.

[^3]: *See id.* at para. 24.

[^4]: According to statistics compiled by the Wireless Bureau using
    publicly available information, these carriers reported the
    following annual revenues for 2001: ALLTEL (\$3,832,000,000); US
    Cellular Corp. (\$1,894,830,000); Western Wireless (\$913,471,000);
    Leap Wireless (\$255,164,000); Qwest (\$660,000,000); Centennial
    Cellular (\$85,140,000); CenturyTel (\$437,965,000); Dobson
    Communications (\$655,659,000); Triton PCS (\$549,989,000); American
    Cellular (\$440,928,000); Rural Cellular (\$441,156,000); and Price
    Wireless (\$263,548,000).

[^5]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322, 11326, para.
    8 (1998).