*Pages 1--2 from Microsoft Word - 43856.doc* Federal Communications Commission DA 04- 3575 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Petition for Forbearance From E911 Accuracy Standards Imposed on Tier III Carriers For Locating Wireless Subscribers Under Rule Section 20.18( h) Petition for Limited Forbearance and Waiver by ACS Wireless, Inc. ) ) ) ) ) ) ) ) ) ) ) WT Docket No. 02- 377 CC Docket No. 94- 102 Adopted: November 10, 2004 Released: November 12, 2004 By the Chief, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau ORDER 1. In this Order, pursuant to section 10( c) of the Communications Act of 1934, as amended (the Act), 1 we extend by 90 days the date by the which the petition requesting forbearance filed by ACS Wireless, Inc. (ACSW) shall be deemed granted in the absence of a Commission decision that the petition fails to meet the standards for forbearance under section 10( a) of the Act. 2 2. On November 14, 2003, ACS Wireless, Inc. (ACSW) filed a petition seeking both a limited waiver and forbearance from the Commission's wireless Enhanced 911 (E911) Phase II rules. Section 10( a) of the Act states that a petition for forbearance shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under section 10( a) within one year after the Commission receives it, unless the one- year period is extended by the Commission. The Commission may extend the initial one- year period by an additional 90 days if the Commission finds that an extension is necessary to meet the requirements of subsection 10( a). 3 3. We find that additional time is necessary to consider and adequately address the ACSW petition for forbearance. The combined petition for waiver and forbearance raises issues similar to those in numerous other petitions and requests for Phase II relief filed by other small 1 47 U. S. C. § 160( c). 2 47 U. S. C. § 160( a). 3 47 U. S. C § 160( c). 1 Federal Communications Commission DA 04- 3575 2 wireless carriers, including issues of how best to protect public safety and recognize the particular circumstances of small wireless carriers in rural and remote areas. While the Commission is working to address these issues, we find that additional time is needed to determine whether ACSW's petition satisfies the three- pronged test set out in Section 10( a), including whether it is consistent with the public interest. 4 4. Accordingly, IT IS ORDERED, pursuant to section 10 of the Communications Act of 1934, as amended, 47 U. S. C. § 160, and authority delegated under sections 0.131 and 0.331 of the Commission's Rules, 47 C. F. R. §§ 0.131, 0.331, that the initial one- year period for consideration of the ACSW petition for forbearance is extended to February 14, 2005. FEDERAL COMMUNICATIONS COMMISSION Michael Wilhelm Chief, Public Safety and Critical Infrastructure Division Wireless Telecommunications Bureau 4 See 47 U. S. C. § 160( a). 2