[Federal Register Volume 66, Number 114 (Wednesday, June 13, 2001)]
[Proposed Rules]
[Pages 31878-31883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14926]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[CC Docket No. 94-102; FCC 01-175]


Wireless E911 Compatibility; Call Back Capability

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document solicits comment regarding the Commission's 
options with respect to providing public safety answering points 
(PSAPs) with the ability to call back to obtain further information 
from 911 calls made from

[[Page 31879]]

non-service-initialized mobile wireless phones. The document is 
precipitated by a request for further consideration filed by several 
public safety entities and the Commission's recognition that the 
absence of call back capability is an important public safety issue. 
The document seeks comment on whether several possible solutions for 
wireless phones lacking call back capability, or some technical 
solution applicable to all non-initialized handsets, will further the 
goals of the Commission's 911 rules, are technically feasible, and 
cost-effective.

DATES: Comments are due on or before July 9, 2001, and reply comments 
are due on or before August 8, 2001. Public comments on the information 
collections are due August 13, 2001, and comments by the Office of 
Management and Budget (OMB) are due October 11, 2001.

ADDRESSES: Send comments and reply comments to the Office of the 
Secretary, Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the Secretary, a copy of any comments 
on the information collections 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 
<a href="/cdn-cgi/l/email-protection#aac0c8c5c6cfd3eaccc9c984cdc5dc"><span class="__cf_email__" data-cfemail="7a101815161f033a1c1919541d150c">[email protected]</span></a>, and to Ed Springer, OMB Desk Officer, 10236 NEOB, 725-
17th Street, NW., Washington, DC 20503 or via the Internet to 
<a href="/cdn-cgi/l/email-protection#cc89a8bbadbea8e29fbcbea5a2aba9be8ca3a1aee2a9a3bce2aba3ba"><span class="__cf_email__" data-cfemail="3d78594a5c4f59136e4d4f54535a584f7d52505f1358524d135a524b">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Jane Phillips, 202-418-1310. For 
further information concerning the information collection contained in 
this Further Notice of Proposed Rulemaking, contact Judy Boley, Federal 
Communications Commission, 202-418-0214, or via the Internet at 
<a href="/cdn-cgi/l/email-protection#78121a17141d01381e1b1b561f170e"><span class="__cf_email__" data-cfemail="b0dad2dfdcd5c9f0d6d3d39ed7dfc6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM) in CC Docket No. 94-102; 
RM 8143; FCC 01-175, adopted May 23, 2001, and released May 25, 2001. 
The complete text of this FNPRM is available for inspection and copying 
during normal business hours in the FCC Reference Information Center, 
Courtyard Level, 445 12th Street, SW., Washington, DC, and also may be 
purchased from the Commission's copy contractor, International 
Transcription Services (ITS, Inc.), CY-B400, 445 12th Street, SW., 
Washington, DC.

Synopsis of the FNPRM

    1. This FNPRM originated in the Commission's earlier decision in 
this proceeding, which regards wireless enhanced 911 (E911) service, 
requiring wireless carriers to forward all 911 calls regardless of 
their service subscription status and limiting carriers obligations for 
911 calls lacking call back capability to delivering the call to the 
PSAP. (See the Report and Order at 61 FR 40348, August 2, 1996, and 
Memorandum Opinion and Order at 63 FR 02631, January 16, 1998.) These 
calls include those from non-service initialized phones (noninitialized 
phones) issued through donor programs, and those from 911 only phones 
that limit usage to outgoing 911 calls and are incapable of receiving 
any incoming calls. PSAP call back capability can be critical in 
wireless E911 situations, where the location of a mobile phone may not 
be available and the caller may not know his or her precise location or 
may omit to provide location information to the PSAP.
    2. The Commission recently invited comment on this issue in a 
Public Notice (65 FR 3560, June 5, 2000) in response to a request for 
further consideration filed by several public safety entities. 
Conflicting assertions regarding technological constraints on call back 
capability for noninitialized phones and the importance of the issue 
from a public safety perspective lead the Commission to conclude that 
additional information is necessary for an informed decision on this 
matter. The FNPRM, therefore, solicits comments on possible technical 
solutions and on several of the Commission's alternatives, including 
requirements that all carrier-donated handsets be initialized on a 
limited basis to enable call back by a PSAP and labeled accordingly, 
and that all 911-only handsets permit call back by the PSAP and be 
labeled accordingly.
    3. A third category of phones exists: noninitialized phones for 
which the service subscription has lapsed that are retained by the 
owner or given to friends or family members for emergency use. The 
FNPRM tentatively concludes that nothing can be done to correct the 
call back problem for such phones in the absence of a general technical 
solution to the call back problem because the Commission has no 
authority to bar the use of such phones or to mandate public education 
with respect to their limitations. The FNPRM therefore concludes that 
carrier publicity concerning the problems inherent in the use of 
noninitialized phones, including those received from friends and 
family, is the best means of addressing this issues and should be 
encouraged.

Procedural Matters

    4. Pursuant to applicable procedures set forth in Secs. 1.415 and 
1.419 of the Commission's Rules, interested parties may file comments 
in response to the FNPRM in CC Docket No. 94-102 and RM-8143 on or 
before July 9, 2001, and reply comments on or before August 8, 2001. 
Comments and reply comments should be filed in CC Docket No. 94-102 and 
should include a separate heading to identify the comments for the 
Docket Number. All relevant and timely comments will be considered by 
the Commission before final action is taken in this proceeding. To file 
formally, interested parties must file an original and four copies of 
all comments, reply comments, and supporting comments. If interested 
parties want each Commissioner to receive a personal copy of their 
comments, they must file an original plus nine copies. Interested 
parties should send comments and reply comments to the Office of the 
Secretary, Federal Communications Commission, Room TW-A325, 445 Twelfth 
Street, SW., Washington, DC 20554, with copies to Jane Phillips, Policy 
Division, Wireless Telecommunications Bureau at 445 Twelfth Street, 
SW., Washington, DC 20554.
    5. Comments also may be filed using the Commission's Electronic 
Comment Filing System (ECFS). Comments filed through the ECFS can be 
sent as an electronic file via the Internet to http://www.fcc.gov/e-mail/ecfs.html. Generally, only one copy of an electronic submission 
must be filed. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking numbers. Parties also may submit an 
electronic comment by Internet E-Mail. To obtain filing instructions 
for E-Mail comments, commenters should send an e-mail to <a href="/cdn-cgi/l/email-protection#0e6b6d687d4e686d6d20696178"><span class="__cf_email__" data-cfemail="6d080e0b1e2d0b0e0e430a021b">[email protected]</span></a>, 
and should include the following words in the body of the message, 
``get form your E-Mail address>.'' A sample form and directions will be 
sent in reply.
    6. Comments and reply comments will be available for public 
inspection during regular business hours at the FCC Reference Center, 
Room CY-A257, at the Federal Communications Commission, 445 Twelfth 
Street, SW., Washington, DC 20554. Copies of comments and reply 
comments are available through the Commission's duplicating contractor: 
International Transcription Service, Inc. (ITS, Inc.), 1231 20th 
Street, NW., Washington, DC 20037, (202) 857-3800.

[[Page 31880]]

Paperwork Reduction Act of 1995 Analysis

    7. The actions contained in this FNPRM have been analyzed with 
respect to the Paperwork Reduction Act of 1995 and found to impose a 
new reporting requirement or burden on the public. Implementation of 
this new reporting requirement will be subject to approval by the 
Office of Management and Budget, as prescribed by the Act.

Initial Regulatory Flexibility Analysis--Further NPRM

    8. As required by the Regulatory Flexibility Act (RFA) (See 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) (CWAA).) Title II of the CWAA is the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA). The Commission 
has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on small entities by the policies 
and rules proposed in this Further Notice of Proposed Rulemaking 
(FNPRM), CC Docket No. 94-102. 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 on the FNPRM. This is a 
summary of the IRFA. The full text of the IRFA may be found in Appendix 
B of the full text of the FNPRM.

A. Need for, and Objectives of, the FNPRM

    9. The FNPRM solicits additional comment regarding enhanced 911 
(E911) service to wireless phones without call back capability, 
including non-service initialized phones issued through donor programs 
and 911-only phones that limit usage to outgoing 911 calls and are 
incapable of receiving any incoming calls. Conflicting assertions 
regarding technological constraints on call back capability for 
noninitialized phones and the importance of a responsive E911 system in 
general and of facilitating PSAP response to E911 calls leads the 
Commission to conclude that additional information is necessary for an 
informed decision on this matter.

B. Legal Basis for Proposed Rules

    10. The proposed action is authorized under Sections 1, 4(i), 7, 
10, 201, 202, 208, 214, 222(d)(4)(A)-(C), 222(f), 222(g), 222(h)(1)(A), 
222(h)(4)-(5), 251(e)(3), 301, 303, 308, 309(j), and 310 of the 
Communications Act of 1934, 47 U.S.C. 151, 154(i), 157, 160, 201, 202, 
208, 214, 222(d)(4)(A)-(C), 222(f), 222(g), 222(h)(1)(A), 222(h)(4)-
(5), 251(e)(3), 301, 303, 308, 309(j), 310.

C. Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules Will Apply

    11. 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 Section 3 of the 
Small Business Act, unless the Commission has developed one or more 
definitions that are appropriate for its activities. Under the Small 
Business Act, a ``small business concern'' is one that: (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). A small organization is generally 
``any not-for-profit 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.
    12. The definition of ``small governmental entity'' is one with 
populations of fewer than 50,000. Of the 85,006 governmental entities 
in the United States, the Commission estimates that ninety-six percent, 
or about 81,600, are small entities that may be affected by our rules.
    13. This FNPRM could result in rule changes that, if adopted, would 
affect small entities that currently are or may become licensees in the 
cellular, broadband Personal Communications Services (PCS), or 
Specialized Mobile Radio Services.
    14. Cellular Equipment Manufacturers. A labeling requirement, if 
adopted, would affect manufacturers of cellular equipment. The 
Commission does not know how many cellular equipment manufacturers are 
in the current market. The 1994 County Business Patterns Report of the 
Bureau of the Census estimates that there are 920 companies that make 
communications subscriber equipment. This category includes not only 
cellular equipment manufacturers, but television and AM/FM radio 
manufacturers as well. Thus, the number of cellular equipment 
manufacturers is considerably lower than 920. Under SBA regulations, a 
``communications equipment manufacturer,'' which includes not only U.S. 
cellular equipment manufacturers but also firms that manufacture radio 
and television broadcasting and other communications equipment, must 
have a total of 750 or fewer employees in order to qualify as a small 
business concern. Census Bureau data from 1992 indicate that at that 
time there were an estimated 858 such U.S. manufacturers and that 778 
(91%) of these firms had 750 or fewer employees and would therefore be 
classified as small entities. The Commission estimates that the current 
action may affect approximately 837 small cellular equipment 
manufacturers.
    15. Cellular Radiotelephone Service. Neither the Commission nor the 
SBA has developed a definition of small entities specifically for 
cellular licensees. Therefore, the applicable definition of small 
entity is the definition under the SBA rules applicable to 
radiotelephone communications. This provides that a small entity is a 
radio telephone company employing no more than 1,500 persons. According 
to the Bureau of the Census, only twelve radiotelephone firms from a 
total of 1,178 such firms, which operated during 1992, had 1,000 or 
more employees. Therefore, even if all twelve of these firms were 
cellular telephone companies, nearly all cellular carriers were small 
businesses under the SBA's definition. In addition, we note that there 
are 1,758 cellular licenses; however, a cellular licensee may own 
several licenses. According to the most recent Telecommunications 
Industry Revenue data, 808 carriers reported that they were engaged in 
the provision of either cellular service or PCS, which are combined in 
the data. The Commission estimates that there are no more than 808 
small cellular service carriers that may be affected by these 
proposals, if adopted.
    16. 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. The Commission 
defined ``small entity'' for Blocks C and F as an entity that has 
average gross revenues of less than $40 million in the three previous 
calendar years. For Block F, an additional classification for ``very 
small business'' was added and is defined as an entity that, together 
with their affiliates, has average gross revenues of not more than $15 
million for the preceding three calendar years. These regulations 
defining ``small entity'' in the context of broadband PCS auctions have 
been approved by the SBA. The Commission concludes that the number of 
small

[[Page 31881]]

broadband PCS licensees will include the 90 winning C Block bidders, 
the 93 qualifying bidders in the D, E, and F blocks, and the 48 winning 
bidders in the reauction, for a total of approximately 231 small entity 
PCS providers as defined by the SBA and the Commission's auction rules. 
In addition, the Commission estimates that the number of additional C & 
F Block broadband PCS licensees that may ultimately be affected by 
these proposals could be as many as 422.
    17. Specialized Mobile Radio (SMR). Pursuant to 47 CFR 
90.814(b)(1), the Commission has defined ``small business'' for 
purposes of auctioning 900 MHz SMR licenses, 800 MHz SMR licenses for 
the upper 200 channels, and 800 MHz SMR licenses for the lower 230 
channels on the 800 MHz band as a firm that has had average annual 
gross revenues of $15 million or less in the three preceding calendar 
years. The SBA has approved this small business size standard for the 
800 MHz and 900 MHz auctions. The auction of the 1,020 SMR geographic 
area licenses for the 900 MHz SMR band began on December 5, 1995, and 
was completed on April 15, 1996. Sixty winning bidders for geographic 
area licenses in the 900 MHz band qualified as small businesses under 
the $15 million size standard. The auction of the 525 800 MHz SMR 
geographic area licenses for the upper 200 channels began on October 
28, 1997, and was completed on December 8, 1997. Ten winning bidders 
for geographic area licenses for the upper 200 channels in the 800 MHz 
SMR band qualified as small businesses under the $15 million size 
standard.
    18. The lower 230 channels in the 800 SMR band are divided between 
General Category channels (the upper 150 channels) and the lower 80 
channels. The auction of the 1,053 800 MHz SMR geographic area licenses 
(1,050-800 MHz licenses for the General Category channels, and 3-800 
MHz licenses for the upper 200 channels from a previous auction) for 
the General Category channels began on August 16, 2000, and was 
completed on September 2, 2000. At the close of the auction, 1,030 
licenses were won by bidders. Eleven winning bidders for geographic 
area licenses for the General Category channels in the 800 MHz SMR band 
qualified as small businesses under the $15 million size standard. The 
auction of the 2,800 800 MHz SMR geographic area licenses for the lower 
80 channels in the 800 MHz SMR service began on November 1, 2000, and 
was completed on December 5, 2000. Nineteen winning bidders for 
geographic area licenses for the lower 80 channels in the 800 MHz SMR 
band qualified as small businesses under the $15 million size standard. 
In addition, there are numerous incumbent site-by-site SMR licensees on 
the 800 and 900 MHz bands. The Commission awards bidding credits in 
auctions for geographic area 800 MHz and 900 MHz SMR licenses to firms 
that had revenues of no more than $15 million in each of the three 
previous calendar years.
    19. 220 MHz Radio Service--Phase II Licensees. The Phase II 220 MHz 
service is a new service, and is subject to spectrum auctions. The 
Commission has adopted criteria for defining small businesses and very 
small businesses for purposes of determining their eligibility for 
special provisions such as bidding credits and installment payments. 
The Commission has defined a small business as 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 defined as 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. The SBA has approved these definitions. The Commission has 
held two auctions for Phase II licenses for the 220 MHz band. Fifty-
three (53) winning bidders qualified as small or very small entities.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    20. If certain options discussed in the FNPRM are adopted, all 
carrier-donated handsets would be required to be initialized on a 
limited basis to enable call back by a PSAP and labeled accordingly. 
Furthermore, all 911-only handsets could be required to permit call 
back by PSAPs and be labeled accordingly. In both instances, this would 
involve assigning the handsets a phone number and accompanying software 
upgrades. Details of these proposed requirements are discussed in 
paragraphs 7 through 19 of the full FNPRM, supra. As noted in the 
FNPRM, the compliance requirements for the various technical 
alternatives are not fully known. The FNPRM invites comments on 
alternatives to these options for addressing the call-back issue, and 
any possible compliance burdens associated with the alternatives.

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

    21. The RFA requires an agency to describe any significant 
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) an 
exemption from coverage of the rule, or any part thereof, for small 
entities. See 5 U.S.C. 603(c).
    22. The critical nature of the E911 proceeding in general and in 
particular of providing PSAPs with the flexibility to contact the 
caller in an emergency situation limits the Commission's ability to 
provide small carriers with a less burdensome set of E911 regulations 
than those placed on large entities. A delayed or less than adequate 
response to an E911 call can be disastrous regardless of whether a 
small carrier or a large carrier is involved. The importance of PSAP 
call back capability in wireless E911 situations is that, in the 
excitement of a crisis situation, the caller could easily forget to 
provide the PSAP with location information, and the PSAP might not be 
able to trace the location of a wireless phone because the individual 
could be moving from place to place, and may not be able to call the 
handset user back to verify a location. The PSAP would, at worst, be 
unable to respond, or would respond on a delayed basis.
    23. PSAPs and the majority of wireless carriers who commented on 
the call-back issue represent two different perspectives on the issue. 
(See paragraph 5 of the FNPRM.) PSAPs, who initially asked that the 
Commission ``take additional comment and revisit the call back number 
issues to determine if any further Commission action is necessary or 
appropriate,'' express concern that noninitialized phones provide 
either no call back information or outdated or inaccurate information 
when used in areas where E911 services have been implemented. Comments 
filed by public service interests assert that a technical solution to 
the call back issue either exists or can be easily devised to allow 
PSAPs to identify noninitialized E911 calls and to return the calls if 
necessary. A majority of wireless service providers, on the other hand, 
disagree, noting that no viable technical solution has been identified 
or endorsed by the Wireless E911 Implementation Ad Hoc group.
    24. As indicated in paragraph five of the FNPRM, suggestions of 
record for resolving the problem range from assigning a prescribed 
series of numbers

[[Page 31882]]

or letters to noninitialized phones to notify the PSAP that no call 
back is possible, to assigning a temporary call back number or 
emergency service routing key that permits call back. A majority of 
wireless carriers, in particular, advocate education and labeling 
requirements to alert consumers to the limitations of E911-only and 
other noninitialized handsets.
    25. In the absence of sufficient information supporting a general 
technical solution, the Commission is considering several possible 
solutions to the call-back problem, including a requirement that all 
carrier-donated handsets be initialized on a limited basis to enable 
call back by a PSAP and be labeled as such, and a requirement that all 
911-only handsets permit call back by a PSAP and bear a label apprising 
users of their limitations.
    26. Paragraphs 9 through 12 of the FNPRM discuss options regarding 
carrier donated handsets. The most obvious alternative would be for the 
Commission to decline to adopt any regulation regarding their 
distribution. The Commission rejects this option as a preliminary 
matter because it would effectively nullify the benefits of E911 where 
the PSAP is unable to ascertain the location or needs of an E911 
caller. Another alternative would be for the Commission to adopt a 
regulation merely requiring that donors label donated handsets and 
provide associated guidance to donees regarding their handset's lack of 
call back capability. The labeling option would focus the user on the 
urgency of the E911 caller's providing location information immediately 
upon contacting the PSAP, and would be easier and less expensive for 
carriers than a limited initialization solution. However, the 
Commission has concerns that a labeling requirement may be inadequate, 
by itself, to satisfy the needs of the populace in question. The final 
option, a limited initialization solution, could exacerbate the 
scarcity of phone numbering resources and could deter carriers from 
participating in donor programs. However, the public safety benefits 
offered by a limited initialization solution appear to outweigh the 
possible negative repercussions. Thus, the Commission solicits comment 
on a requirement that carrier-donors initialize service on a limited 
basis by assigning donated handsets a call back number for the limited 
purpose of permitting call back by PSAPs. The Commission seeks comment 
on the effects of such a requirement on small businesses, and on the 
extent of the burden of updating software to accommodate PSAP call back 
capability on donated handsets.
    27. Paragraphs 13 through 17 of the FNPRM consider alternative 
solutions to the call back problems of 911-only phones, which limit 
out-going calls to 911 and presently are incapable of receiving any 
incoming calls. Again, the option of taking no action is unacceptable. 
Alternatively, the Commission could require all manufacturers of 911-
only phones to encode a standardized non-service initialized 
``telephone number'' that would provide notice to PSAPs that the 
handset used for a E911 call lacks call back capability. On the 
positive side, this alternative would put the PSAP on notice that 
location information must be obtained quickly from the E911 caller as 
call back is impossible. On the other hand, this alternative would 
apply only prospectively and would not cover previously marketed 
handsets. It could also raise the price of 911-only handsets, providing 
only limited service to those who can afford them. A third alternative 
would require that manufacturers of 911-only phones label the handsets 
and educate consumers regarding the absence of call back capability. 
The Commission is concerned that, while a labeling and education 
requirement would be easier and less expensive to implement than a 
limited initialization requirement, the requirement would not cover 
handsets previously marketed by manufacturers and would be insufficient 
to reduce the threat to public safety that a lack of vital information 
concerning the caller's location or specific emergency needs 
represents.
    28. The Commission is considering a requirement that these phones 
be modified to allow a return call by the PSAP. The requirement would 
apply only prospectively and would not cover previously marketed 
handsets. The disadvantages of this approach include the possibility 
that the additional costs of implementing such a solution could be a 
disincentive to the manufacturers of 911-only handsets, thus eventually 
removing them from the marketplace or driving the cost up. 
Additionally, the assignment of unique handset numbers to such phones 
could exacerbate the numbering shortage.
    29. Finally, the Commission, as discussed in paragraphs 18 and 19 
of the FNPRM, has identified a third category of noninitialized phones, 
i.e. noninitialized phones for which the service subscription has 
usually lapsed, which have been given to friends or family members. At 
least one comment advocates permitting a user's noninitialized handsets 
to be reprogrammed to the same ESN as the user's service-initialized 
handset. The Commission concludes that this option would not solve the 
call back problem for this category of users, and could, in fact, 
create new opportunities for delay and confusion for the PSAP trying to 
locate the caller. In such cases, the PSAP attempting to call back 
could easily reach a phone other than the one from which the E911 call 
was made, because several phones would have not only the same call back 
number but the same ESN, and the network would be unable to distinguish 
between them. It appears that the Commission has no means available to 
it to bar the use of such phones or to mandate public education with 
respect to their limitations and that carrier publicity concerning the 
disadvantages of relying on noninitialized phones, including those 
received from friends or family, would be most efficacious in 
alleviating the call-back problem with respect to these phones.

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

    30. None.

Paperwork Reduction Act

    31. The FNPRM proposes a new paperwork collection. As part of its 
continuing effort to reduce paperwork burdens, the Commission invites 
the general public and the Office of Management and Budget (OMB) to 
take this opportunity to comment on the information collections 
contained in this FNPRM, as required by the Paperwork Reduction Act of 
1995, Public Law 104-13. Public and agency comments are due August 13, 
2001. OMB comments are due October 11, 2001. Comments should address 
(1) Whether the proposed collection of information is necessary for the 
proper performance of the functions of the Commission, including 
whether the information shall have practical utility; (2) 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.
    OMB Approval Number: None.
    Title: Transition to 911 Emergency Service: Notice of Proposed 
Rulemaking.
    Form No.: None.
    Type of Review: New information collection.

[[Page 31883]]

    Respondents: Business or other for profit and non-profit.
    Number of Respondents: 807.
    Estimated Time Per Response: 30 minutes.
    Total Annual Cost Burden: 0.
    Total Annual Burden: 403\1/2\ hours.
    Needs and Uses: The proposed labeling requirements would serve to 
educate consumers as to the capabilities and limitations of their 
handsets thus avoiding confusion resulting in delay in responding to 
E911 calls.

Ordering Clauses

    32. Pursuant to sections 1, 4(i), 4(j), 7, 10, 201, 202, 208, 214, 
301, 303, 308, 309(j), and 310 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(j), 157, 160, 201, 202, 208, 214, 
301, 303, 308, 309(j), and 310, this Further Notice of Proposed 
Rulemaking is adopted.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 01-14926 Filed 6-12-01; 8:45 am]
BILLING CODE 6712-01-P


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