*Pages 1--3 from Microsoft Word - 53137.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- 2993 Released: November 17, 2005 WIRELESS TELECOMMUNICATIONS BUREAU REQUESTS COMMENT ON QWEST WIRELESS, LLC REQUEST FOR LIMITED WAIVER OF THE DECEMBER 31, 2005 DEADLINE TO ACHIEVE NINETY- FIVE PERCENT PENETRATION OF LOCATION-CAPABLE HANDSETS AMONG ITS SUBSCRIBERS WT Docket No. 05- 322 Comments Due: December 1, 2005 Reply Comments Due: December 9, 2005 By this Public Notice, we seek comment on a request for limited waiver filed November 15, 2005 by Qwest Wireless, LLC (Qwest) 1 seeking relief from the requirement that it achieve ninety- five percent penetration of location- capable handsets among its subscribers by December 31, 2005, as required by Section 20.18( g)( 1)( v) of the Commission’s Rules (Ninety- five Percent Penetration Rule). 2 Specifically, Qwest seeks to defer its obligation to comply with the Ninety- five Percent Penetration Rule until June 30, 2006. 3 In support of its request, Qwest cites to the following factors: its history of E911 compliance, 4 efforts to encourage handset upgrades, 5 and progress in achieving penetration of location- capable handsets. 6 Commenting parties should address the Qwest Request 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 1 See Qwest Wireless, LLC Request for Limited Waiver of Automatic- Location- Information- Capable Handset Penetration Requirements, CC Docket No. 94- 102 (filed Nov. 15, 2005) (Qwest Request). 2 47 C. F. R. § 20. 18( g)( 1)( v). 3 See Qwest Request at 1, 7. 4 See id. at 2. 5 See id. at 3. 6 See id. at 3- 4. 1 3 o U. S. Postal Service first- class, Express, and Priority mail should be addressed to 445 12 th Street, SW, Washington DC 20554. Copies of this public notice, and the waiver request noted herein, will be posted on the web at http:// gullfoss2. fcc. gov/ prod/ ecfs/ comsrch_ v2. cgi and will be available for public inspection and duplication during regular business hours in the FCC Reference Information Center, 445 12th Street, SW, Room CY- A257, Washington, DC 20554. Copies of the comments and other filings in this docket also may be obtained from the Commission’s duplicating contractor, Best Copy and Printing, Inc. in person at 445 12th Street, SW, Room CY- B402, Washington, DC 20554, via telephone at (202) 488- 5300 or (800) 378- 3160, via facsimile at (202) 488- 5563, or via e- mail at fcc@ bcpiweb. com. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e- mail to fcc504@ fcc. gov or call the Consumer & Governmental Affairs Bureau at 202- 418- 0530 (voice), 202- 418- 0432 (tty). This proceeding is designated as a “permit- but- disclose” proceeding in accordance with the Commission’s ex parte rules. 10 Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. 11 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. 12 For further information, contact David Siehl, Public Safety and Critical Infrastructure Division, Wireless Telecommunications Bureau, at (202) 418- 0680. -FCC- 10 47 C. F. R. §§ 1. 1200( a), 1. 1206. 11 47 C. F. R. § 1.1206( b). 12 Id. 3