Federal Communications Commission DA 08-557 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Wireless E911 Location Accuracy Requirements Revision of the Commission’s Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems Association of Public-Safety Communications Officials-International, Inc. Request for Declaratory Ruling 911 Requirements for IP-Enabled Service Providers ) ) ) ) ) ) ) ) ) ) ) ) ) ) PS Docket No. 07-114 CC Docket No. 94-102 WC Docket No. 05-196 ORDER Adopted: March 12, 2008 Released: March 12, 2008 By the Chief, Public Safety and Homeland Security Bureau: 1. In this Order, we stay the September 11, 2008 compliance date specified in Section 20.18(h)(2)(i) of the Commission’s rules, as adopted in the September 11, 2007 Report and Order, for a term of six (6) months, until March 11, 2009.1 This rule requires licensees subject to the Commission’s Phase II Enhanced 911 (E911) location accuracy rules to meet the relevant testing and measurement standards for wireless location accuracy in each Economic Area (EA) in which the carrier operates.2 2. Several parties have filed motions or petitions seeking a stay of Section 20.18(h) pending judicial review of the rule.3 In particular, AT&T has complained that the five-month delay in releasing 1 See Wireless E911 Location Accuracy Requirements; Revision of the Commission’s Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems; 911 Requirements for IP-Enabled Service Providers, PS Docket No. 07-114, CC Docket No. 94-102, WC Docket No. 05-196, Report and Order, 22 FCC Rcd 20105, 20117 App. B (2007) (Report and Order), 73 Fed. Reg. 8617, 8625 (Feb. 14, 2008). 2 Id. 3 See Motion for Stay Pendente Lite and Comments in Support of Application for Stay filed by Rural Cellular Association (filed Jan. 28, 2008) (RCA Motion); Application for Expedited Stay Pending Judicial Review filed by T-Mobile USA, Inc. (filed Jan. 28, 2008 (T-Mobile Application); Sprint Nextel Corporation Petition for Stay Pending Judicial Review (filed Jan. 28, 2008) (Sprint Nextel Petition); Verizon Wireless Request for Stay Pending Judicial Review (filed Feb. 8, 2008) (Verizon Wireless Request); Petition of AT&T Inc. for Expedited Stay Pending Judicial Review (filed Feb. 22, 2008) (AT&T Petition) (collectively, Stay Petitions). The Association of Public Safety Communications Officials-International, Inc. (APCO) opposed the RCA Motion, T-Mobile Application, and Sprint Nextel Petition, stating that delay of the Commission’s compliance deadlines would “harm the public interest by postponing critical steps necessary to ensure that 9-1-1 Center calltaking and dispatching staff will have accurate location information, provided in a timely manner, when receiving and processing a call for assistance from a person in crisis.” Opposition to Stay by APCO (filed Feb. 7, 2008). Federal Communications Commission DA 08-557 2 and publishing the rule has “render[ed] it all but impossible to secure judicial review . . . prior to the September 11, 2008 effective date of the first benchmark.”4 In light of the delay identified by AT&T, we believe that it would be equitable to stay the initial EA-level deadline for six months.5 3. Accordingly, IT IS ORDERED, pursuant to Sections 1, 4(i), and 332 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 332, that the deadline established in Section 20.18(h)(2)(i) is STAYED for a period of six months until March 11, 2009. 4. This action is taken under delegated authority pursuant to Sections 0.191 and 0.392 of the Commission’s rules, 47 C.F.R. §§ 0.191, 0.392. FEDERAL COMMUNICATIONS COMMISSION Derek K. Poarch Chief, Public Safety and Homeland Security Bureau 4 See Motion of AT&T for Expedited Stay Pending Judicial Review at 6 (D.C. Cir. Feb. 29, 2008). 5 The relevant timeframes in the remainder of the rule adopted in the Report and Order, Sections 20.18(h)(2)(ii)-(v), remain unchanged. See Report and Order, 22 FCC Rcd at 20117 App. B, 73 Fed. Reg. at 8625.