DA 01-1396

Released: June 8, 2001

**WTB SEEKS COMMENT ON WIRELESS E911 PHASE II AMENDED WAIVER REQUEST
FILED BY CINCINNATI BELL WIRELESS, LLC.**

**CC DOCKET NO. 94-102**

**Comments Due: July 9, 2001**

**Reply Comments Due: July 23, 2001**

Under the Federal Communications Commission\'s (Commission\'s) rules,
wireless carriers are required to begin deploying the capability to
identify the precise location of wireless 911 calls beginning on October
1, 2001, provided certain conditions are met.[^1] This capability is
called Phase II Automatic Location Identification (ALI). The Phase II
rules establish deployment schedules and set accuracy and reliability
requirements for location technologies that might used, specifically for
handset-based and network-based ALI technologies.[^2]

In a filing made on May 25, 2001, Cincinnati Bell Wireless, LLC (CBW)
amended a previous filing submitted on May 1, 2001, seeking a waiver of
the E911 Phase II Location Technology Implementation Rules.[^3] CBW
requests a waiver of the Commission's deadline provisions of the E911
Phase II rules.[^4] CBW is an Ohio company created as a joint venture
between Broadwing Inc. (formerly Cincinnati Bell Inc.) and AT&T Wireless
Services, Inc. (AWS). CBW began providing facilities-based PCS services
as a joint venture with AWS in January 1999.[^5] CBW notes that among
the agreements underlying the joint venture between CBW and AWS is the
Network Management Agreement (NMA), which requires AWS to provide all
planning, engineering, operations, and support functions related to
CBW's PCS network. CBW states that planning and implementing E911
upgrades specifically fall within AWS' responsibilities as part of the
NMA.[^6] Based upon its relationship with AWS, CBW requests the same
consideration accorded to *AWS' Request for Waiver*.[^7]

CBW amended its petition for waiver to account for the planned
deployment by AWS of services based on the Global System for Mobile
Communication (GSM) standard. CBW states that it currently offers only
Time Division Multiple Access (TDMA) based services. CBW suggests,
however, as an AWS affiliate and AWS market that it is probable that CBW
will also adopt the GSM standard should AWS deploy services utilizing
that standard.[^8] CBW seeks a waiver of these provisions to permit AWS
to deploy Mobile-Assisted Network Location (MNLS) technology for CBW's
TDMA customers. CBW's request mirrors that made by AWS as filed with the
Commission on April 4, 2001.[^9] CBW asserts that it requires waiver of
the Commission's accuracy rules for handset based location technologies
in order for AWS to deploy MNLS in CBW's network as explained more fully
in *AWS' Request for Waiver*.[^10]

We seek comment on CBW's *Amended Waiver Request*. Parties interested in
filing comments may do on or before **July 9, 2001** and reply comments
on or before **July 23, 2001**.

This is a \"permit but disclose\" proceeding pursuant to § 1.1206 of the
Commission\'s Rules.[^11] 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).

Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies. Comments filed through the ECFS
can be sent as an electronic file via the Internet to
[http://www.fcc.gov/e-file/ecfs.html]{.underline}. In completing the
transmittal screen, commenters should include their full name, Postal
Service mailing address, and the docket number of this proceeding.
Parties that choose to file by paper must file an original and four
copies of each filing with the Office of the Secretary, Federal
Communications Commission, 445 12^th^ Street, S.W., Washington, D.C.
20554, and a diskette copy with the Commission's copy contractor
International Transcription Service, Inc. (ITS), Room CY-B400, Federal
Communications Commission, 445 12^th^ Street, S.W., Washington, D.C.
20554. The filing should include the docket number of this proceeding:
CC Docket No. 94-102. Filings and comments are also available for
inspection and copying during regular business hours in the Reference
Information Center, Federal Communications Commission, Court Yard Level,
Room CY-A257, 445 12^th^ Street, S.W., Washington, D.C. or may be
purchased from ITS.

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

[^1]: 47 C.F.R. §20.18.

[^2]: 47 C.F.R. §20.18(f)-(h).

[^3]: *Cincinnati Bell Wireless LLC Amended Petition For Waiver of the
    E911Phase II Location Technology Implementation Rules,* CC Docket
    94-102, filed May 25, 2001 (*Amended Petition*)*; Cincinnati Bell
    Wireless LLC Petition For Waiver of the E911Phase II Location
    Technology Implementation Rules,* CC Docket 94-102, filed May1,
    2001.

[^4]: *See* 47 C.F.R. §20.18(e)-(h).

[^5]: *Amended Petition* at 2.

[^6]: *Id* at 2.

[^7]: *AT&T Wireless Services, Inc. Request for Waiver of the E911 Phase
    II Location Technology Implementation Rules*, CC Docket No. 94-102,
    filed April 4, 2001. (*AWS Request for Waiver*).

[^8]: *Amended Petition* at 2, footnote 5.

[^9]: *AWS Request for Waiver*.

[^10]: *Amended Petition* at 3; *See also* *AWS Request for Waiver*.

[^11]: 47 C.F.R. § 1.1206.