*Pages 1--4 from Microsoft Word - 52246.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 05- 2678 Released October 7, 2005 WIRELESS TELECOMMUNICATIONS BUREAU REQUESTS COMMENT ON JOINT PETITION OF CTIA AND RCA REGARDING THE DECEMBER 31, 2005 DEADLINE FOR LICENSEES EMPLOYING A HANDSET- BASED E911 PHASE II LOCATION TECHNOLOGY TO ACHIEVE NINETY- FIVE PERCENT PENETRATION OF LOCATION- CAPABLE HANDSETS AMONG THEIR SUBSCRIBERS WT Docket No. 05- 288 Comments Due: October 21, 2005 Reply Comments Due: October 31, 2005 By this Public Notice, we seek comment on a joint petition filed by CTIA – The Wireless Association and the Rural Cellular Association (CTIA/ RCA) 1 requesting relief of the requirement that wireless licensees that employ a handset- based Enhanced 911 (E911) Phase II location technology achieve ninety- five percent penetration of location- capable handsets among their subscribers by December 31, 2005, as required by Section 20. 18( g)( 1)( v) of the Commission’s Rules. 2 Specifically, CTIA/ RCA filed a joint petition seeking suspension or waiver of Section 20.18( g)( 1)( v) for carriers which have met and continue to meet the one- hundred percent location- capable handset sale and activation requirement, 3 until the carriers meet the ninety- five percent penetration threshold as a result of handset replacement and churn. 4 CTIA/ RCA cite to the following factors in support of their request: the reluctance of customers to replace existing handsets; the lack of E911 Phase II service availability in most communities; low churn rates; and the preferences of analog customers for the coverage advantage inherent in higher- power phones. 5 1 See Joint Petition of CTIA – The Wireless Association and the Rural Cellular Association for Suspension or Waiver of the Location- Capable Handset Penetration Deadline, CC Docket No. 94- 102 (filed June 30, 2005) (CTIA/ RCA Petition). 2 47 C. F. R. § 20. 18( g)( 1)( v). 3 See 47 C. F. R. § 20. 18( g)( 1)( iv). 4 See CTIA/ RCA Petition at 1. 5 See id. at 2- 6. 1 2 As an alternative to their request for generalized relief, CTIA/ RCA request that the Commission establish a framework, based on certain criteria, for evaluating waiver requests. Specifically, CTIA/ RCA propose that carriers would first have to demonstrate that they have met the sale and activation benchmarks and provide information related to their progress in meeting Phase II PSAP requests. 6 Further, carriers would have to justify grant by showing any one of the following: (1) lower- than- forecast churn; (2) customer resistance to new handsets (by showing that more than five percent of their customers have not changed handsets in over three years); (3) substantial compliance (defined as eighty- five percent penetration as of December 31, 2005); (4) technology change (TDMA to GSM or CDMA); (5) network or handset technology failures; (6) customers’ continued reliance on analog service coverage in very rural markets; or (7) agreement with PSAPs on alternative penetration schedules. 7 We seek comment on the CTIA/ RCA Petition, including their request for a general suspension of the handset penetration requirement as well as their proposed alternative criteria for addressing individualized requests for relief. Commenting parties should address the CTIA/ RCA Petition relative to the Commission’s stated policy that it is critical for all handset- based carriers to meet the final implementation deadline of December 31, 2005 for ninety- five percent location- capable handset penetration, in order to allow all stakeholders (including carriers, technology vendors, public safety entities, and consumers) to have greater certainty about when Phase II will be implemented and ensure that Phase II is fully implemented as quickly as possible. 8 We stress that the issuance of this Public Notice should not be construed by any licensee as a reason to discontinue active efforts to timely achieve compliance, or to refrain from filing a properly supported request for relief in sufficient time for us to act before December 31, 2005. 9 GENERAL INFORMATION Comments must be filed no later than October 21, 2005, and reply comments must be filed no later than October 31, 2005. All filings concerning matters referenced in this Public Notice should refer to WT Docket No. 05- XXX. Comments may be filed using: (1) the Commission’s Electronic Comment Filing System (ECFS): http:// www. fcc. gov/ cgb/ ecfs/, (2) the Federal Government’s eRulemaking Portal: http:// www. regulations. gov, or (3) paper copies. 10 6 See CTIA/ RCA Petition at 11. 7 See id. at 12- 15. 8 See Revision of the Commission’s Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems; Phase II Compliance Deadlines for Non- Nationwide Carriers, CC Docket No. 94- 102, Order to Stay, 17 FCC Rcd 14841, 14853 ¶ 38 (2002). 9 We note that the ENHANCE 911 Act requires that we address waiver requests filed by qualified Tier III carriers within 100 days of receipt. See National Telecommunications and Information Administration Organization Act – Amendment, Pub. L. No. 108- 494, § 107( a), 118 Stat. 3986, 3991 (2004) (ENHANCE 911 Act) (directing the Commission to act on any petition filed by a qualified Tier III carrier requesting a waiver of Section 20. 18( g)( 1)( v) within one- hundred days of receipt, and grant such request for waiver if “strict enforcement of the requirements of that section would result in consumers having decreased access to emergency services.”). The ENHANCE 911 Act defines a “qualified Tier III carrier” as “a provider of commercial mobile service (as defined in section 332( d) of the Communications Act of 1934 (47 U. S. C. 332( d)) that had 500,000 or fewer subscribers as of December 31, 2001.” Accordingly, we will address requests from qualified Tier III carriers as statutory deadlines require, pursuant to existing policy, and notwithstanding the ultimate outcome of this proceeding. 10 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 2 4 arguments presented is generally required. 12 Other rules pertaining to oral and written ex parte presentations in permit- but- disclose proceedings are set forth in Section 1.1206( b) of the Commission’s rules. 13 For further information, contact David Siehl, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, at (202) 418- 0680. -FCC- 12 47 C. F. R. § 1.1206( b). 13 Id. 4