In the Matter of Federal Communications Commission Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. Revision of the Com.mission's Rules To Ensure Compatibility with Enhanced 911 Emergency ) ) ) ) ) ) CC Docket No. 94-102 RM-8143 Calling Systems ORDER Adopted: June 8, 1999; Released: June 9, 1999 By the Deputy Chief, Wireless Telecommunications Bureau: DA 99-1126 1. On December 30, 1998, the Commission adopted the TTY Waiver Order. 1 granting a temporary waiver of Section 20.18(c) of the Commission's Rules3 (to the extent that section relates to the transmission of 911 calls made from TTY devices using digital wireless· systems) to all parties who had filed petitions seeking waiver of that rule.4 The temporary waiver applied to all parties filing petitions as of the adoption date of the 1TY Waiver Order (i.e., December 30, 1998) and all such parties were identified in the Appendix of the Order.5 1 Revision of the Commission's Rules To Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102, Order, FCC 98-345, released Dec. 31, 1998 (TTY Waiver Order), erratum, released Jan. 15, 1999, erratum, released Jan. 20, 1999. 2 The waivers were granted by the Commission on a temporary basis, until its "subsequent disposition [on the merits) of the individual waiver petitions filed by each ... party." Id. at para. 5. 3 47 C.F.R. § 20.J 8(c). 4 Any carrier subject to the requirements of Section 20.18(c) must be in compliance with the rule as of January I, 1999. ~See 7TY Waiver Order, Appendix. 9169 Federal Communications Commission DA 99-1126 2. Since that time we have received petitions for waiver of Section 20.18(c) filed by Centennial Cellular Corp. (Centennial)6 and West Coast PCS, LLC (West Coast).7 Centennial indicated in its petitions that it will soon be transitioning its facilities to digital technology, 8 and West Coast indicated in its petition that it will be commencing service to the public on its PCS systems "approximately on or after June 11, 1999."9 3. Because Section 20.18( c ), as it relates to carriers operating digital systems, did not apply to these parties in December 1998, they would not have been expected to file petitions at that time. 10 Thus, while a strict reading of the 1TY Waiver Order would indicate that we would only grant petitions filed as of the adoption date of the Order, we conclude that these parties should be granted the same temporary waiver of Section 20.18(c) that was granted to the parties identified in the 1TY Waiver Order. 4 .. Accordingly, IT IS ORDERED that the petitions for waiver of Section 20.18(c) of the Commission's Rules filed by Centennial Cellular Corp. and West Coast PCS, LLC ARE GRANTED, subject to the terms and conditions indicated in the TTY Waiver Order, which was adopted by the Commission on December 30, 1998. 11 ° Centennial filed two separate Petitions for Waiver. Tht> first, filed on April 22, 1999, was submitted by Centennial on behalf of its subsidiaries, Bauce Communications of Beaumont, Inc. and Lafayette Cellular Telephone Company. Centennial Petition for Waiver, CC Docket No. 94-102, filed April 22, 1999. The second, filed on May 12, 1999, was submitted by Centennial on behalf of its domestic cellular system operating companies. Centennial Petition for Waiver, CC Docket No. 94-102, filed May 12, 1999. 7 West Coast Petition for Waiver, CC Docket No. 94-102, filed May 25, 1999. s See Centennial Petition for Waiver, filed April 22, 1999, at 2; Centennial Petition for Waiver, filed May 12, 1999,at2. 9 See West Coast Petition for Waiver, filed May 25, 1999, at 2. 1° Centennial was not providing digital service on January 1, 1999 (the date by which carriers were required to be in compliance with Section 20.l8(c) for digital wireless systems) and was therefore not subject to compliance with Section 20.18(c) at that time. Similarly, West Coast was not operating its PCS systems on January 1, 1999. 11 See 1TY Waiver Order at paras. 4-7. 9170 Federal Communications Commission 5. This action is taken pursuant to delegated authority of the Wireless Telecommunications Bureau under Section 0.331 of the Commission's Rules. 12 DA 99-1126 FEDERAL COMMUNICATIONS COMMISSION :}DJ~t] James D. Schlichting Deputy Chief, Wireless Telecommunications Bureau 12 47 C.F.R. § 0.331. 9171