Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations 58657

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

EPA and the Florida Department of

Environmental Protection (FDEP) have

determined that the Site poses no

significant threat to public health or the

environment and therefore, further

response measures pursuant to CERCLA

are not appropriate.

EFFECTIVE DATE: October 2, 2000.

ADDRESSES: Comprehensive information

on this site is available through the EPA

Region 4 public docket, which is

available for viewing at the information

repositories at two locations. Locations,

contacts, phone numbers and viewing

hours are: Record Center, U.S. EPA

Region 4, 61 Forsyth Street, Atlanta,

Georgia 30303–8909, (404) 562–9530,

hours: 8 a.m. to 4 p.m., Monday through

Friday by appointment only; Tampa/

Hillsborough County Public Library/

Special Collections, 900 North Ashley,

Tampa, Florida 33602, (813) 273–3652,

hours: 9 a.m. to 9 p.m., Monday through

Thursday, 9 a.m. to 5 p.m., Friday

through Saturday.

FOR FURTHER INFORMATION CONTACT:

Mindy Gardner, U.S. EPA Region 4,

Waste Management Division, 61 Forsyth

Street, Atlanta, Georgia 30303–8909,

(404) 562–8907 or by electronic mail at

gardner.mindy@epa.gov.

SUPPLEMENTARY INFORMATION: EPA

announces the deletion of the KassaufKimerling Battery Disposal Superfund

Site in Tampa, Hillsborough County,

Florida from the NPL, which constitutes

appendix B of 40 CFR part 300. EPA

published a Notice of Intent to Delete

the Kassauf-Kimerling Battery Disposal

Superfund Site from the NPL on August

5, 1999 in the Federal Register (64 FR

42630). EPA received no comments on

the proposed deletion; therefore, no

responsiveness summary is necessary

for this Notice of Deletion.

EPA identifies sites on the NPL that

appear to present a significant risk to

public health, welfare, or the

environment. Sites on the NPL may be

the subject of remedial actions financed

by the Hazardous Substances Superfund

Response Trust Fund (Fund). Pursuant

to 40 CFR 300.425(e)(3) of the NCP, any

site deleted from the NPL remains

eligible for Fund-financed Remedial

Actions if conditions at the site warrant

such action. Deletion of a site from the

NPL does not affect the responsible

party liability or impede agency efforts

to recover costs associated with

response efforts.

List of Subjects in 40 CFR Part 300

Air pollution control, Chemicals,

Environmental protection, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: October 5, 1999.

A. Stanley Meiburg,

Deputy Regional Administrator, Region 4.

Note: The Office of the Federal Register

received this document on September 18,

2000.

For reasons set out in the preamble,

40 CFR part 300 is amended as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp.; p. 351: E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp.; p.193.

Appendix B—[Amended]

2. Table 1 of appendix B to part 300

is amended by removing the site

‘‘Kassauf-Kimerling Battery Disposal,’’

Tampa, Florida.

[FR Doc. 00–24307 Filed 9–29–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 20

[CC Docket No. 94–102; FCC 00–326]

Wireless Radio Services; Compatibility

with Enhanced 911 Emergency Calling

Systems

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petitions for

reconsideration.

SUMMARY: The Commission, in this

document makes adjustments to the

deployment schedule that must be

followed by wireless carriers that

choose to implement enhanced 911

Phase II service using a handset-based

technology. This document also defers

the date for initial distribution of

Automatic Location Identification (ALI)-

capable handsets by seven months,

adjusts the timetable for carriers to meet

certain interim benchmarks for

activating new ALI-capable handsets,

defers the date by which a carrier must

achieve full penetration of ALI-capable

handsets by one year, modifies the

manner in which the Commission

defines full penetration, eliminates the

separate handset phase-in schedule

triggered by a request from a Public

Safety Answering Point, and addresses

several other issues regarding

implementation of enhanced 911 Phase

II. These actions are taken in response

to petitions for reconsideration of the

Third Report and Order in this

proceeding.

DATES: Effective November 1, 2000.

ADDRESSES: A copy of any comments on

the information collection contained

herein should be submitted to Judy

Boley, Federal Communications

Commission, Room 1–C804, 445 12th

Street, SW., Washington, DC 20554, or

via the Internet to jboley@fcc.gov.

FOR FURTHER INFORMATION CONTACT: Dan

Grosh, 202–418–1310. For further

information concerning the information

collection contained in this Fourth

Memorandum Opinion and Order,

contact Judy Boley, Federal

Communications Commission, 202–

418–0214, or via the Internet at

jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Fourth

Memorandum Opinion and Order

(MO&O) in CC Docket No. 94–102; FCC

00–326, adopted August 24, 2000, and

released September 8, 2000. The

complete text of the MO&O and the

Supplemental Final Regulatory

Flexibility Analysis is available on the

Commission’s Internet site, at

www.fcc.gov., and is also available for

inspection and copying during normal

business hours in the FCC Reference

Information Center, Courtyard Level,

445 12th Street, SW., Washington, DC.

The text may also be purchased from the

Commission’s copy contractor,

International Transcription Services

(ITS, Inc.), CY–B400, 445 12th Street,

SW., Washington, DC.

The procedures regarding submission

of waivers of the Phase II requirements

contain information collection

requirements that are not effective until

approved by the Office of Management

and Budget. Public comment on the

information collections in the waiver

requirements are due December 1, 2000,

and comments by the Office of

Management and Budget are due

January 30, 2001. The Commission will

publish a document in the Federal

Register announcing OMB approval of

these burdens.

Synopsis of the Fourth Memorandum

Opinion and Order

1. In this MO&O, in response to

petitions for reconsideration of the

Third Report and Order in this

proceeding (64 FR 60126, November 4,

1999), the Commission makes certain

changes to its wireless enhanced 911

(E911) rules aimed at facilitating full

compliance with those rules on a

nationwide basis. This MO&O is

58658 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations

particularly concerned with

implementation of Phase II of the

Commission’s E911 program.

2. Specifically, the MO&O first makes

adjustments to the deployment schedule

that must be followed by wireless

carriers that choose to implement E911

Phase II service using a handset-based

technology. While the Commission

retains October 1, 2001, as the

implementation date for E911 Phase II,

it defers the date for initial distribution

of Automatic Location Identification

(ALI)-capable handsets by seven

months, and adjusts the timetable for

carriers to meet certain interim

benchmarks for activating new ALIcapable handsets. In this regard, the

MO&O extends from March 1, 2001, to

October 1, 2001, the date for carriers to

begin selling and activating ALI-capable

handsets.

3. In taking these actions, the

Commission disagrees with those

petitioners who seek substantial delays

in the handset deployment schedule,

instead finding that the public interest

and the public safety do not support a

substantial delay in the current handset

deployment schedule. Even if some

major handset manufacturers prove

unable or unwilling to produce ALIcapable handsets in the near future, the

Commission believes that the public

safety will be better served if carriers

area required to deploy other available

ALI solutions, including GPS handsets

that may be available from other

manufacturers, according to the

timetable set in the MO&O. To allow the

lengthy delay requested by some parties,

the Commission finds, would jeopardize

the progress made to date in the

development of ALI solutions. These

issues are discussed in more detail in

paragraphs 24 through 30 of the full text

of the MO&O.

4. While the Commission concludes

that substantial changes in the current

schedule are not justified, it does find

good cause to make some changes in the

handset schedule to allow a more

realistic opportunity for deployment of

handset-based solutions. Thus, the

MO&O eliminates the separate phase-in

schedule that is triggered by a Public

Safety Answering Point (PSAP) request.

5. The MO&O next extends by seven

months the date for initial distribution

of ALI-capable handsets. The

Commission believes that the current

March 1, 2001, date may be difficult to

meet and, as discussed in paragraph 33

of the full text of the MO&O, and revises

the schedule to require that carriers

employing a handset-based solution

begin making ALI-capable handsets

available for sale no later than October

1, 2001. Further, these initial handsets

need not be the same types or brands as

those that carriers plan to offer later in

the year, or in future years.

6. Next the Commission adopts the

following revised phase-in schedule:

• December 31, 2001: At least 25

percent of all new handsets activated

are to be ALI-capable;

• June 30, 2002: 50 percent of all new

handsets activated are to be ALIcapable;

• December 31, 2002, and thereafter:

100 percent of all new digital handsets

activated are to be ALI-capable.

As is the case currently, this

requirement applies only to the

activation of newly-purchased handsets,

not to handsets already in use.

Consumers will continue to be able to

use their existing phones, and to switch

service to other carriers or to other

operating areas.

7. Next, the Commission concludes

that the final step in the current

schedule for handset solutions should

be modified in two respects. First, the

MO&O extends the timeframe for

carriers to reach full penetration of ALIcapable handsets by an additional year,

by moving the deadline from December

31, 2004, to December 31, 2005. Second,

the MO&O adopts a requirement that

carriers achieve 95 percent penetration

of ALI-capable handsets by the

December 31, 2005, date, rather than

that they employ ‘‘reasonable efforts’’ to

achieve 100 percent penetration.

8. The MO&O, in paragraphs 42

through 45, considers the Commission’s

policy on waiver requests. Generally,

the Commission’s rule may be waived

for good cause shown. Waiver is only

appropriate, however, if special

circumstances warrant a deviation from

the general rule, and such a deviation

will serve the public interest. In those

particular cases where waivers may be

justified, broad, generalized waivers

should not be necessary and will not be

granted. The Commission expects

waiver requests to 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. Carriers seeking a waiver will

be expected to specify the solutions they

considered and explain why none could

be employed in a way that complied

with the Phase II rules. If deployment is

scheduled, but for some reason must be

delayed, the carrier should specify the

reason for the delay and provide a

revised schedule. It is not sufficient for

a carrier to undertake a minimalist

approach, in which the carrier conducts

certain tests, decides that the tests do

not definitively demonstrate that the

technologies tested will satisfy the

Commission’s requirements in all

situations, and as a result, declines to

implement any ALI solution. In view of

the importance of the Commission’s

E911 rules to public safety, the

Commission expects to take any steps

necessary to ensure that carriers take

their obligations seriously, including

assessing appropriate penalties on

carriers that fail to comply.

9. The MO&O considers a request for

waiver from Sprint Spectrum, L.P. to

permit implementation of a handsetbased location technology. (Paragraphs

46 and 47.) Based on the present record,

the Commission denies Sprint’s petition

for reconsideration and renewed request

for a waiver to implement a hybrid

solution, finding that Sprint has not

adequately demonstrated that special

circumstances exist that warrant a

deviation from our rules, nor that grant

of such a waiver would be in the public

interest.

10. Paragraphs 51 through 68 of the

MO&O discuss VoiceStream’s request

for waiver to permit implementation of

a handset-based location technology.

The Commission grants a waiver to

VoiceStream to permit to employ an ALI

solution that requires changes to both its

network and handsets, subject to the

following conditions and requirements.

First, VoiceStream must implement a

network safety solution that provides

baseline location information for all

wireless 911 calls no later than

December 31, 2001. The accuracy

requirement for this baseline location

information is 1000 meters for 67

percent of calls. Second, by October 2,

2001, VoiceStream must ensure that 50

percent of all new handsets activated

are Enhanced Observed Time Difference

of Arrival (E–OTD)–capable. Third,

effective October 1, 2001, VoiceStream

must ensure that all E–OTD–capable

handsets comply with an accuracy

requirement of 100 meters for 67

percent of calls, 300 meters for 95

percent of calls. Fourth, VoiceStream

must ensure that all new E–OTD–

capable handsets activated on or after

October 1, 2003, comply with an

accuracy requirement of 50 meters for

67 percent of calls, 150 meters for 95

percent of calls. Fifth, within six

months after a PSAP request, or October

1, 2001, whichever is later, VoiceStream

must implement any network or

infrastructure upgrades necessary to

provide Phase II service, and begin

providing Phase II location information.

Sixth, VoiceStream must comply with

the requirement to achieve 95 percent

penetration of location-capable headsets

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations 58659

1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et

seq., has been amended by the Contract with

America Advancement Act of 1996, Public Law

104–121, 110 Stat. 847 (1996) (CWAAA). Title II of

the CWAAA is the Small Business Regulatory

Enforcement Fairness Act of 1996 (SBREFA).

among its subscribers no later than

December 31, 2005. Seventh,

VoiceStream must report the results of

all trials and tests of its ALI technology

and results semi-annually beginning

October 1, 2000, and continuing through

October 1, 2003. To the extent that

VoiceStream cannot comply with any of

these conditions, it will be expected to

use another ALI methodology that

comports with our requirements.

11. The MO&O, at paragraphs 69

through 74, denies a request for waiver

seeking an extension of all Phase II

deadlines for rural wireless carriers,

filed by United States Cellular

Corporation (USCC), finding that the

request is insufficiently substantiated.

12. Paragraphs 75 through 81 of the

MO&O grant a slight extension of the

date upon which carriers must file their

implementation plan reports from

October 1, 2000, to November 9, 2000.

Carriers may make good faith changes in

their plans even after the report is filed,

including changes in ALI technologies.

These changes must be filed within

thirty days of the adoption of any such

change.

Paperwork Reduction Act of 1995

Analysis

13. The actions contained in this

MO&O have been analyzed with respect

to the Paperwork Reduction Act of 1995,

and found to impose new reporting and

recordkeeping requirements or burdens

on the public. Implementation of these

new reporting and recordkeeping

requirements will be subject to approval

by the Office of Management and

Budget, as prescribed by the Act. The

new paperwork requirement contained

in the waiver section of this decision

will go into effect January 30, 2001.

14. The deadline for carriers to file

their implementation plans (OMB 3060–

0910) is extended from October 1, 2000,

to November 9, 2000.

Supplemental Final Regulatory

Flexibility Analysis (SFRFA)

15. As required by the Regulatory

Flexibility Act (RFA),1 an Initial

Regulatory Flexibility Analysis (IRFA)

was incorporated in Appendix B II of

the Further Notice of Proposed

Rulemaking in this proceeding

(FNPRM). A Final Regulatory Flexibility

Analysis (FRFA) was incorporated in

Appendix C of the Third Report and

Order (Third R&O). Additionally, the

Commission sought written public

comment on the proposals in FNPRM,

including comment on the IRFA. These

comments were discussed in the FRFA.

This Supplemental Final Regulatory

Flexibility Act Analysis (SFRFA)

considers the current Fourth

Memorandum Opinion and Order

(MO&O) and updates information

contained in the FRFA. The present

SFRFA, contained in Appendix C of the

full text of the MO&O, conforms to the

RFA.

Need for, and Objectives of, the MO&O

16. The MO&O is intended to provide

wireless carriers, manufacturers, and the

public safety community with

additional clarity so that Phase II of the

Commission’s 911 effort can be

deployed and operational on schedule,

so far as possible. The MO&O supports

the efforts of many entrepreneurs,

public safety answering points, and

companies who are working toward the

technical and operational improvements

needed to optimize 911 service and thus

save lives.

Summary of Significant Issues Raised

by Public Comments in Response to the

FRFA

17. No comments were directed at the

FRFA, and no comments were received

from small entities that are not part of

a larger organization. However, one

reconsideration petition, filed jointly by

handset manufacturers Nokia, Inc. and

Motorola, Inc. contends that the rules

adopted in the Third R&O set an overly

aggressive deployment schedule for the

introduction of handset-based

Automatic Location Identification (ALI)

technologies for which there is

inadequate support in the record. Nokia,

Motorola, and Ericsson ask that the

Commission relax the handset

deployment schedule substantially by

only requiring carriers to begin selling

and activating ALI-capable handsets 18

months after the date on which they

have made their technology choices

known to the FCC. (The discussion

concerning these petitions and

comments supporting Nokia, Motorola

and Ericsson’s arguments favoring a

relaxed schedule may be found at

paragraphs 12–14 of the MO&O.) Other

parties raised concerns about the

separate schedule for ALI-capable

handset deployment triggered by a

public service answering point (PSAP)

request, noting the impracticality of

such a schedule. (This contention is

discussed in paragraph 15 of the

MO&O.) Finally, in paragraph 16 of the

MO&O, other parties maintain that the

requirement in the current 911 rules

that carriers employing handset-based

solutions undertake reasonable efforts to

achieve 100 percent usage of ALIcapable handsets by their customers by

December 31, 2004, or two years after a

PSAP request, is both overly demanding

and vague.

Description and Estimate of the Number

of Small Entities To Which Rules Will

Apply

18. 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, if adopted. The RFA

generally defines the term ‘‘small

entity’’ as having the same meaning as

the terms ‘‘small business,’’ ‘‘small

organization,’’ and ‘‘small governmental

jurisdiction.’’ In addition, the term

‘‘small business’’ has the same meaning

as the term ‘‘small business concern’’

under the Small Business Act. A small

business concern is one which: (i) is

independently owned and operated; (ii)

is not dominant in its field of operation;

and (iii) satisfies any additional criteria

established by the Small Business

Administration (SBA). A small

organization is generally ‘‘any not-forprofit enterprise which is independently

owned and operated and is not

dominant in its field.’’ Nationwide, as of

1992, there were approximately 275,801

small organizations. The Commission

updates the figures reflected in the

FRFA in the Third Report and MO&O.

19. Broadband Personal

Communications Service (PCS). The

broadband PCS spectrum is divided into

six frequency blocks designated A

through F, and the Commission has held

auctions for each block. As stated in

paragraph 11 of the FRFA, there is a

total of 183 small entity PCS providers

as defined the SBA and the

Commission’s auction’s rules.

20. Narrowband PCS. The

Commission has auctioned nationwide

and regional licenses for narrowband

PCS. There are 11 nationwide and 30

regional licensees for narrowband PCS.

The Commission does not have

sufficient information to determine

whether any of these licensees are small

businesses within the SBA-approved

definition for radiotelephone

companies. At present, there have been

no auctions held for the major trading

area (MTA) and basic trading area (BTA)

narrowband PCS licenses. The

Commission assume, for purposes of

this SFRFA, that all of the licenses will

be awarded to small entities, as that

term is defined by the SBA, so, there

may be as many as 3,519 small entities

affected.

21. Specialized Mobile Radio (SMR).

The Commission awards bidding credits

in auctions for geographic area 800 MHz

58660 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations

and 900 MHz SMR licenses to firms that

had revenues of no more than $15

million in each of the three previous

calendar years. In the context of 900

MHz SMR, this regulation defining

‘‘small entity’’ has been approved by the

SBA; as has this regulation concerning

800 MHz SMR.

22. The rules in the MO&O apply to

SMR providers in the 800 MHz and 900

MHz bands that hold CMRS licenses.

We do not know how many firms

provide 800 MHz or 900 MHz

geographic area SMR service as CMRS

operators, nor how many of these

providers have annual revenues of no

more than $15 million. The Commission

assumes, for purposes of this SFRFA,

that all of the remaining existing SMR

authorizations are held by small

entities, as that term is defined by the

SBA. In the 900 MHz SMR band, there

are 60 small or very small entities and

there are 38 such entities in the 800

MHz band.

Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

23. In paragraphs 42 through 45, the

MO&O discusses what should be

included in successful waiver requests.

All of the other changes adopted in this

MO&O, are changes in the existing

schedule rather than adding new

burdens. The critical nature of

improving nationwide wireless E911

services does not allow the Commission

much flexibility to differentiate between

large and small entities because a lapse

in the provision of dependable,

responsive 911 service by a small

business can lead to the same

catastrophic result as a lapse by a large

entity. However, the Commission, in

adopting the E911 improvement

program, has tried wherever possible to

consider the individual needs and

situation of all involved parties. In this

decision, the actual cost of the

amendments to all entities is nominal.

Steps Taken To Minimize Significant

Economic Impact on Small Entities, and

Significant Alternatives Considered

24. The RFA requires an agency to

describe any significant alternative that

it has considered in reaching its

proposed approach, which may include

the following four alternatives: (i) The

establishment of differing compliance or

reporting requirements or timetables

that take into account the resources

available to small entities; (ii) the

clarification, consolidation, or

simplification of compliance or

reporting requirements under the rule

for small entities; (iii) the use of

performance, rather than design

standards; and (iv) exemption from

coverage.

25. First, the Commission declines to

extend the implementation date for

E911 Phase II beyond October 1, 2001,

partially to avoid placing the burden for

obtaining location information on

PSAPs, already acting under

constrained emergency conditions. This

discussion is at paragraphs 24 through

30 of the MO&O. However, we do

extend the date for initial distribution of

ALI-capable handsets by seven months

and we also adjust the timetable for

carriers to meet certain interim

benchmarks for activating new ALIcapable handsets. The alternative, to

leave the schedules as is would be

unfair to carriers, large and small.

(Paragraph 33 of the MO&O contains

this discussion.) At paragraphs 36–37 of

the MO&O, we defer the date by which

a carrier must achieve full penetration

of ALI-capable handsets by one year,

and modify the manner in which we

define full penetration. Further, at

paragraphs 31–32 of the MO&O, the

Commission eliminates the separate

handset deployment schedule for areas

where PSAPs have requested

deployment of Phase II. These actions

should provide flexibility to all entities

to comply with 911 requirements

utilizing the most current and efficient

technology, thus also ensuring the most

responsive and dependable 911 system

possible. Thus the Commission again

chose not to stay with the current

schedule. The alternatives in each case

would have resulted in additional

burden on all affected parties.

26. One alternative that the

Commission considered and rejected

concerned the petition by USCC that

requests a six-month extension of all

Phase II deadlines for rural wireless

carriers. As discussed in paragraphs 69

through 74 of the MO&O, USCC

contends that without such an

extension, rural wireless carriers (often

small entities) like USCC will be forced

to begin spending millions of dollars to

implement a network-based Phase II

solution, because equipment

manufacturers are unable at present to

guarantee that they will provide a

handset-based solution that satisfies the

requirements and timetable. The

Commission denies this request finding

that even if some manufacturers cannot

meet even the deadlines as revised in

this MO&O, others may very well be

able to provide ALI-capable handsets

within the new timeframe. Also, the

MO&O maintains that the expenses

involved will come over a period of

time and not all come due at once and

that USCC’s request is overly broad.

Further, the MO&O finds that there are

certain ALI solutions that are being

offered on terms that do not require upfront investment by carriers. Further,

the MO&O stresses that the

Commission’s denial of USCC’s request

does not foreclose future waiver

requests from USCC or other carriers,

including rural carriers.

27. Finally, it should be noted that the

Commission’s requirement that wireless

carriers provide the location of wireless

911 callers has created a business

opportunity for companies that are to

develop and provide the technology to

meet this obligation. It is expected that

many location technology providers will

qualify as small businesses.

28. Report to Congress: The

Commission will send a copy of the

MO&O, including this SFRFA, in a

report to be sent to Congress pursuant

to Small Business Regulatory

Enforcement Fairness Act of 1996, 5

U.S.C. 801(a)(1)(A). In addition, the

Commission will send a copy of the

MO&O on Reconsideration and this

SFRFA to the Chief Counsel for

Advocacy of the Small Business

Administration.

Ordering Clauses

29. Part 20 of the Commission’s Rules

is amended.

30. The rule amendments made by the

MO&O shall become effective November

1, 2000, except for the new information

collection regarding waivers, which will

become effective January 30, 2001,

pending OMB approval.

31. The Commission’s Consumer

Information Bureau, Reference

Operations Division, shall send a copy

of this MO&O, including the

Supplemental Final Regulatory

Flexibility Analysis, to the Chief

Counsel for Advocacy of the Small

Business Administration.

32. The petition for reconsideration

filed by Nokia and Motorola is denied.

33. The petition for reconsideration

filed by Sprint PCS is denied.

34. The petition for reconsideration

filed by Aerial Communications, Inc., is

denied.

35. VoiceStream Communications is

granted a waiver of the E911 Phase II

requirements, subject to conditions, to

the extent indicated in the full text of

the MO&O.

36. The request for extension of the

E911 Phase II deadlines for rural carriers

filed by United States Cellular Corp. is

denied.

Paperwork Reduction Act

37. This MO&O contains a new

information collection. The

Commission, as part of its continuing

effort to reduce paperwork burdens,

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations 58661

invites the general public to comment

on the information collections

contained in this MO&O as required by

the Paperwork Reduction Act of 1995,

Public Law 104–13. Public and agency

comments are due December 1, 2000.

Comments should address: (a) Whether

the new collection of information is

necessary for the proper performance of

the functions of the Commission,

including whether the information shall

have practical utility; (b) the accuracy of

the Commission’s burden estimates; (3)

ways to enhance the quality, utility, and

clarity of the information collected; and

(4) ways to minimize the burden of the

collection of information on the

respondents, including the use of

automated collection techniques or

other forms of information technology.

In addition to the burdens included in

this submission, this decision also

slightly modifies the PRA submission

contained in OMB No. 3060–0910 by

extending the date by which carriers

must submit to the Commission, their

plans for implementing Phase II from

October 1, 2000, to November 9, 2000.

OMB Approval Number:

Title: Revision of the Commission’s

Rules to Ensure Compatibility with

Enhanced 911 Emergency Calling

Systems, Fourth MO&O.

Form No. N.A.

Type of Review: New information

collection.

Respondents: Business or other for

profit.

Number of Respondents: 2,500.

Estimated Time Per Response: 3

hours.

Total Annual Burden: 7,500 hours.

Cost to Respondents: .0.

Needs and Uses: The information

required to be included in a successful

request for waiver of the E911 Phase II

requirements will be used to assist the

Commission in judging whether the

request has merit.

List of Subjects in 47 CFR Part 20

Communications common carrier,

Communications equipment, Radio.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR part 20 as

follows:

PART 20—COMMERCIAL MOBILE

RADIO SERVICES

1. The authority citation for part 20

continues to read as follows:

Authority: 47 U.S.C. 154, 160, 251–254,

303, and 332 unless otherwise noted.

2. Section 20.18 is amended by

revising paragraphs (g)(1), (g)(2), and (i)

to read as follows:

§ 20.18 911 Service.

* * * * *

(g) Phase-in for Handset-based

Location Technologies. Licensees

subject to this section who employ a

handset-based location technology may

phase in deployment of Phase II

enhanced 911 service, subject to the

following requirements:

(1) Without respect to any PSAP

request for deployment of Phase II 911

enhanced service, the licensee shall:

(i) Begin selling and activating

location-capable handsets no later than

October 1, 2001;

(ii) Ensure that at least 25 percent of

all new handsets activated are locationcapable no later than December 31,

2001;

(iii) Ensure that at least 50 percent of

all new handsets activated are locationcapable no later than June 30, 2002; and

(iv) Ensure that 100 percent of all new

digital handsets activated are locationcapable no later than December 31,

2002, and thereafter.

(v) By December 31, 2005, achieve 95

percent penetration of location-capable

handsets among its subscribers.

(2) Once a PSAP request is received,

the licensee shall, in the area served by

the PSAP, within six months or by

October 1, 2001, whichever is later:

(i) Install any hardware and/or

software in the CMRS network and/or

other fixed infrastructure, as needed, to

enable the provision of Phase II

enhanced 911 service; and

(ii) Begin delivering Phase II

enhanced 911 service to the PSAP.

* * * * *

(i) Reports on Phase II plans.

Licensees subject to this section shall

report to the Commission their plans for

implementing Phase II enhanced 911

service, including the locationdetermination technology they plan to

employ and the procedure they intend

to use to verify conformance with the

Phase II accuracy requirements by

November 9, 2000. Licensees are

required to update these plans within

thirty days of the adoption of any

change. These reports and updates may

be filed electronically in a manner to be

designated by the Commission.

* * * * *

[FR Doc. 00–25219 Filed 9–29–00; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 32 and 64

[CC Docket No. 99–253; FCC 00–78]

Comprehensive Review of the

Accounting Requirements and ARMIS

Reporting Requirements for Incumbent

Local Exchange Carrier: Phase 1

AGENCY: Federal Communications

Commission.

ACTION: Final rule; announcement of

effective date.

SUMMARY: This document announces the

effective date of the rules and

information collections of the

Comprehensive Review of the

Accounting Requirements and ARMIS

Reporting Requirements for Incumbent

Local Exchange Carrier: Phase 1 Report

and Order adopted March 2, 2000.

DATES: Effective September 28, 2000.

FOR FURTHER INFORMATION CONTACT:

JoAnn Lucanik, Accounting Safeguards

Division, Common Carrier Bureau, at

(202) 418–0873 or Mika Savir,

Accounting Safeguards Division,

Common Carrier Bureau, at (202) 418–

0384.

SUPPLEMENTARY INFORMATION: On March

2, 2000, the Commission adopted the

Comprehensive Review of the

Accounting Requirements and ARMIS

Reporting Requirements for Incumbent

Local Exchange Carrier: Phase 1 Report

and Order, 65 FR 16328 (March 28,

2000) in this Report and Order the

Commission eliminates the expense

matrix filing requirement; provides large

ILECs the option to obtain a biennial

attestation engagement to satisfy their

CAM audit obligation; establishes a

$500,000 de minimis exception to the

affiliate transactions fair market value

estimate requirement; eliminates the 15-

day pre-filing requirement for cost pool

and time reporting procedures changes;

eliminates the notification requirement

for temporary or experimental accounts;

eliminates the notification requirement

for extraordinary items, contingent

liabilities, and material prior period

adjustments; eliminates the

reclassification requirements for

property in Account 2002; and

eliminates the reclassification

requirements for property in Account

2003. The Commission substantially

streamlines the ARMIS 43–02 USOA

Report and significantly reduced the

reporting requirements for carriers. In

65 FR 16328 (March 28, 2000) The

Commission stated that the Report and

Order contained information collections

that had not been approved by the