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 Federal  Communications  Commission  DA  02-  1193 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Revision  of  the  Commission’s  Rules  to  Ensure  Compatibility  with  Enhanced  911  Emergency 
 Calling  Systems 
 Cingular  Wireless  LLC  Request  for  Waiver  of  Section  20.18(  f) 


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 CC  Docket  94-  102 


 Order 
 Adopted:  May  17,  2002  Released:  May  20,  2002 
 By  the  Chief,  Wireless  Telecommunications  Bureau: 


 1.  In  this  order,  we  dismiss  as  moot  the  Cingular  Wireless  LLC  (Cingular)  petition  for  waiver  of  the  Commission’s  E911  Phase  II  rules  with  respect  to  its  Time  Division  Multiple  Access 
 (TDMA),  Advanced  Mobile  Phone  Service  (AMPS),  and  TDMA/  AMPS  networks.  1  As  discussed  below,  the  petition  is  rendered  moot  by  the  order  approving  a  consent  decree  adopted  on  May  2,  2002,  by  the 
 Commission. 
 2.  On  July  6,  2001,  Cingular  requested  a  waiver  of  the  Commission’s  E911  Phase  II  rules  to  permit  it  to  deploy  Enhanced  Observed  Time  Difference  of  Arrival  (E-  OTD)  technology  in  its  Global 


 System  for  Mobile  Communications  (GSM)  network  and  a  switch-  based  location  technology  in  its  TDMA  network.  2  On  July  24,  2001,  Cingular  filed  a  notice  withdrawing  its  request  for  waiver  with 
 respect  to  its  TDMA  network.  3  On  August  30,  2001,  Cingular  resubmitted  a  waiver  request  for  its  TDMA  network,  seeking  permission  to  deploy  a  network-  based  location  technology  in  its  TDMA,  AMPS,  and 
 TDMA/  AMPS  networks. 
 3.  On  October  2,  2001,  the  Commission  adopted  an  order  approving  Cingular’s  request  to  deploy  E-  OTD  technology  in  its  GSM  network.  4  Because  the  timing  of  Cingular’s  proposal  for  its 


 TDMA,  AMPS,  and  TDMA/  AMPS  networks  did  not  permit  Commission  consideration,  discussions  were  initiated  between  Cingular  and  the  Commission’s  Enforcement  Bureau  concerning  a  possible  consent 
 decree  to  resolve  the  issue  of  compliance  with  the  E911  Phase  II  provisions  of  section  20.18  of  the 
 1  Cingular  Wireless  LLC  Petition  for  Limited  Waiver  of  Section  20.  18(  f),  CC  Docket  No.  94-  102,  (filed  Aug.  30, 
 2001)  (Cingular  TDMA  Waiver  Request).  2 
 Cingular  Wireless  LLC  Petition  for  Limited  Waiver  of  Sections  20.18(  e)-(  h)  of  the  Commission’s  Rules,  CC  Docket  No.  94-  102  (filed  July  6,  2001). 


 3  Cingular  Wireless  LLC  –  Withdrawal  of  TDMA  Portion  of  its  Petition  for  Limited  Waiver  of  Sections  20.  18  (e)  -( 
 h),  CC  Docket  No.  94-  102  (filed  July  24,  2001).  4 
 Revision  of  the  Commission’s  Rules  to  Ensure  Compatibility  with  Enhanced  911  Emergency  Calling  Systems,  Request  for  Waiver  by  Cingular  Wireless  LLC,  CC  Docket  No.  94-  102,  Order,  16  FCC  Rcd  18205  (2001). 
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 Federal  Communications  Commission  DA  02-  1193 
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 Commission’s  rules  with  respect  to  those  portions  of  Cingular’s  network. 
 4.  On  May  2,  2002,  the  Commission  adopted  an  order,  approving  a  consent  decree  between  it  and  Cingular,  that  terminated  the  investigation  into  Cingular’s  compliance  with  section  20.18  with 


 respect  to  its  TDMA,  AMPS,  and  TDMA/  AMPS  networks.  5  The  consent  decree  resolves  all  outstanding  issues  related  to  Cingular’s  deployment  of  E911  Phase  II  for  its  TDMA,  AMPS,  and  TDMA/  AMPS 
 networks  and  sets  a  specific  schedule  for  deployment  of  a  Phase  II  compliant  technology  for  these  networks.  Thus,  no  aspect  of  the  August  30,  2001,  waiver  request  requires  further  consideration  or  action 
 by  the  Commission. 
 5.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to  Sections  4(  i)  and  5(  c)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  155(  c),  and  the  authority  delegated 


 pursuant  to  sections  0.131  and  0.  331  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.131,  0.  331,  the  Cingular  petition  for  waiver  of  section  20.18(  f)  is  DISMISSED  AS  MOOT. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Thomas  J.  Sugrue  Chief,  Wireless  Telecommunications  Bureau 


 5  In  the  Matter  of  Cingular  Wireless,  File  No.  EB-  02-  TS-  003,  Order,  FCC  02-  132  (rel.  May  9,  2002). 
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