DA 00-2048

September 7, 2000

**WTB SEEKS COMMENT ON REQUEST FOR TEMPORARY WAIVER OF WIRELESS 911 CALL
PROCESSING RULES BY QUALCOMM INCORPORATED**

> **(CC DOCKET No. 94-102)**

Comments Due: September 18, 2000

Reply Comments Due: September 26, 2000

In its Second Report and Order in the Wireless E911 Rulemaking,[^1] the
Federal Communications Commission (Commission) adopted Section
22.921[^2]. This rule oversees 911 call completion and seeks to improve
the likelihood that 911 calls would be completed even in those cases
where the service offered by a subscriber's preferred carrier was not
sufficient to complete the call. The rule, effective February 13, 2000,
requires that new analog wireless handsets, and new digital handsets
when operating in analog mode, be able to complete 911 calls to either
analog carrier in an area, regardless of the programming of the handset
for non-911 calls. The handset must use one or more of the 911 call
completion methods approved by the Commission.

On August 31, 2000, QUALCOMM Incorporated (QUALCOMM) filed a Petition
for Waiver with the Commission requesting that the Commission grant a
temporary waiver of Section 22.921 of the Commission's Rules, to the
extent necessary, to permit the continued manufacture of QUALCOMM's
TriMode Portable User Terminal (Terminal) designed primarily for
operation with the Globalstar constellation of satellites. QUALCOMM
states that it only recently became aware that Section 22.921 applied to
Terminals manufactured after February 13, 2000. QUALCOMM further states
that its Terminals may not be in compliance with the rule because units
manufactured after February 13, 2000 do not include a separate
capability for processing 911 calls that allows calls to be handled by
either analog cellular carrier operating in an area. QUALCOMM states
that it seeks a waiver in order to develop software to comply with
Section 22.921 and to enable the software to be installed in all
inventoried Terminals and all Terminals returned for service or repair,
including those manufactured before February 13, 2000. QUALCOMM seeks a
waiver from February 13, 2000 to November 30, 2000 to assure full
compliance with the Commission's rules.

Pursuant to Section 1.45 of the Commission's Rules, 47 C.F.R. §1.45,
interested parties may file comments on the QUALCOMM request no later
than **September 18, 2000**. Reply comments shall be filed no later than
**September 26, 2000**. All comments shall reference the docket number
of this proceeding. 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>. In completing the
transmittal screen, commenters should include their full name, postal
service mailing address, and the docket number of this proceeding.
Parties who choose to file by paper must file an original and four
copies of each filing with the Commission's Secretary, Magalie Roman
Salas, Office of the Secretary, Federal Communications Commission, 445
12^th^ Street, S.W., Washington, D.C. 20554 and a diskette copy to 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. Filings and comments are also
available for inspection and copying in the Reference Information
Center, Federal Communications Commission, Room CY-A257, 445 12^th^
Street, S.W., Washington, D.C. 20554 or may be purchased from ITS.

Pursuant to Section 1.1206 of the Commission's Rules, 47 C.F.R. §1.1206,
this proceeding will be conducted as a permit-but-disclose proceeding in
which *ex parte* communications are permitted subject to disclosure.

For further information, contact Wendy Austrie, Policy Division,
Wireless Telecommunications Bureau at (202) 418-1310.

-FCC-

[^1]: *Revision of the Commission's Rules To Ensure Compatibility With
    Enhanced 911 Emergency Calling Systems*, CC Docket No. 94-102,
    *Second Report and Order*, 14 FCC Rcd 10954 (1999).

[^2]: 47 C.F.R. § 22.921.