DA 19-9

	Released:  January 2, 2019

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU REMINDS CMRS PROVIDERS USING NETWORK-BASED AND HANDSET-BASED LOCATION TECHNOLOGIES OF THE JANUARY 18, 2019 PHASE II DEADLINE FOR IMPROVED OUTDOOR E911 LOCATION ACCURACY 
PS Docket No. 07-114
By this Public Notice, the Public Safety and Homeland Security Bureau (Bureau) reminds Commercial Mobile Radio Service (CMRS) providers subject to the Commission’s Phase II E911 location accuracy rules, 47 CFR § 20.18(h)(1).
 and other interested parties, of the January 18, 2019 deadline for certain Phase II requirements applicable to CMRS providers that deploy network-based and handset-based E911 location accuracy technologies. 47 CFR §§ 20.18(h)(1)(ii)(C); 20.18(h)(2)(ii). 
  The Commission established this deadline in the 2010 E911 Location Accuracy Second Report and Order, which required CMRS providers to meet location accuracy standards for outdoor wireless 911 calls at either a county-based or Public Safety Answering Point (PSAP)-based geographic level. Wireless E911 Location Accuracy Requirements, PS Docket No. 07-114, Second Report and Order, 25 FCC Rcd 18909 (2010).  See also 47 CFR § 20.18(h)(1)(ii)(C) (setting forth benchmark location accuracy standards to be met “[e]ight years from January 18, 2011….”); 75 FR 70604 (Nov. 18, 2010) (establishing the January 18, 2011 effective date).  Compliance will be measured on a per-county or per-PSAP basis using, at the carrier’s election, either (1) Network-based accuracy data, (2) Blended reporting as provided in 47 CFR § 20.18 (h)(1)(iv), or (3) Handset-based accuracy data as provided in 47 CFR § 20.18(h)(1)(v).  See 47 CFR §§ 20.18(h)(1)(ii)(C)(1)-(3).
  These Phase II requirements are separate from and in addition to the subsequent indoor-focused location accuracy requirements that the Commission adopted in the Fourth Report and Order in PS Docket 07-114 in January 2015. See Wireless E911 Location Accuracy Requirements, PS Docket No. 07-114, Fourth Report and Order, 30 FCC Rcd 1259 (2015).  

Phase II Requirements Effective on January 18, 2019
As of January 18, 2019, CMRS providers deploying network-based technologies must meet the following Phase II location accuracy standards for outdoor 911 calls: 
· 300 meters for 90% of calls (increased from 80%), in 85% of counties or PSAP service areas. 47 CFR § 20.18(h)(1)(ii)(C).  
  
· To the extent that CMRS providers using network-based technologies have previously claimed exclusions from Phase II location requirements based on technical inability to triangulate (e.g., due to limited number of cell sites in a county), all such exclusions will sunset on January 18, 2019. 47 CFR § 20.18(h)(1)(vi).  The Commission adopted the sunset anticipating that the need for such exclusions would diminish as network-based CMRS providers incorporated A-GPS handsets into their subscriber bases. See Wireless E911 Location Accuracy Requirements, Second Report and Order, 25 FCC Rcd at 18927, para. 46.  Network-based providers that continue to lack the technical ability to triangulate in certain areas as of the January 18, 2019 sunset date may seek extended relief.  Id.  
   
As of January 18, 2019, CMRS providers deploying handset-based technologies must meet the following Phase II location accuracy standards for outdoor 911 calls: 
· 50 meters for 67% of calls, and 150 meters for 90% of calls (up from 80%), on a per-county or per-PSAP basis.  
· CMRS providers using handset-based technologies may continue to exclude up to 15% of counties or PSAP service areas from the 150-meter requirement based on heavy forestation that limits handset-based technology accuracy in those areas. 47 CFR § 20.18(h)(2)(ii).  

Notification of Geographic Exclusions from Phase II Requirements 
The Bureau also reminds CMRS providers that as specified in Section 20.18(h), they must file notice of Phase II geographic exclusions (Exclusion Reports) and updates reflecting any changes as follows: 	
· Electronic Filing: CMRS providers must file their Exclusion Reports electronically in PS Docket No. 07-114 by accessing the Electronic Comment Filing System: https://www.fcc.gov/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov.
· People with Disabilities: 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).
· Copies of Exclusion Reports: CMRS providers must send copies of their Exclusion Reports to the National Emergency Number Association (NENA), the Association of Public-Safety Communications Officials-International (APCO), and the National Association of State 9-1-1 Administrators (NASNA).  Below is current contact information for these organizations:
o National Emergency Number Association (NENA): Daniel Henry, Director of Government Affairs, dhenry@nena.org.
o Association of Public-Safety Communications Officials-International (APCO): Mark S. Reddish, Senior Counsel, 911location@apcointl.org. 
o National Association of State 9-1-1 Administrators (NASNA): Evelyn Bailey, Executive Director, evelyn.bailey@nasna911.org.
Paperwork Reduction Act of 1995.  This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. Therefore, it does not contain any new or modified “information burden for small business concerns with fewer than 25 employees” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198.  On May 31, 2018, the extension of the reporting requirements addressed by this Public Notice was approved under OMB Control No. 3060-1147, as set forth in the Appendix.
For further information, please contact Nellie Foosaner, Attorney-Advisor, Policy and Licensing Division, Public Safety and Homeland Security Bureau at (202) 418-2925, or nellie.foosaner@fcc.gov.   
--FCC—
APPENDIX
FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. § 3507), the FCC is notifying the public that it received OMB approval on May 31, 2018, for extension of the collection of information described in this Public Notice.  Public reporting burden for this collection of information is estimated to be 1 hour to 8 hours (average) per response, including the time for reviewing reporting instructions; searching existing data sources; gathering and maintaining the data needed; coordinating with the necessary third-party entities, including state and local authorities and PSAPs; and completing and reviewing the collection of information.  This collection of information is to assist the Commission in carrying out provisions of (1) the E911 Location Accuracy Second Report and Order, PS Docket 07-114, FCC No. 10-176, released September 23, 2010, and published in the Federal Register on November 18, 2010, at 75 FR 70604 and (2) the E911 Location Accuracy Third Report and Order, PS Docket No. 07-114, FCC 11-107, released July 13, 2011, and published in the Federal Register on September 28, 2011, at 76 FR 59916.  Notice of the Commission’s seeking to extend this collection of information was published in the Federal Register on January 24, 2018, at 83 FR 3346 and on March 30, 2018, at 83 FR 13748 (60-day and 30-day notices, respectively).  The Commission did not receive comments to these Federal Register notices.  Send comments regarding the burden estimate, or any other aspect of this collection of information, including suggestions for reducing the burden to Federal Communications Commission, AMD-PERM, Washington, DC 20554, Paperwork Reduction Project (3060-1147), or via the Internet to PRA@fcc.gov.  DO NOT SEND THE EXCLUSION REPORTS, INCLUDING EXCLUSION REPORT UPDATES, TO THIS ADDRESS.
Under 5 CFR § 1320, the Federal Communications Commission may not conduct or sponsor a collection of information unless it displays a currently valid OMB Control Number.  No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a currently valid OMB Control Number.  This collection has been assigned OMB Control Number 3060-1147, and its expiration date is May 31, 2021.
THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104-13, OCTOBER 1, 1995, 44 U.S.C. § 3507.










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