*Pages 1--2 from  Microsoft Word - 46197.doc*
 Federal  Communications  Commission 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Petition  for  Forbearance  From  E911  Accuracy  Standards  Imposed  on  Tier  III  Carriers  For 
 Locating  Wireless  Subscribers  Under  Rule  Section  20.18(  h);  Petition  for  Limited  Waiver 
 and  Forbearance  by  ACS  Wireless,  Inc. 


 )  ) 
 )  ) 
 )  ) 
 ) 


 WT  Docket  No.  02-  377  CC  Docket  No.  94-  102 


 ERRATUM 
 Released:  February  16,  2005 
 By  the  Chief,  Public  Safety  and  Critical  Infrastructure  Division: 
 1.  On  February  14,  2005,  the  Wireless  Telecommunications  Bureau  released  an  Order,  DA  05-  420,  in  the  above-  captioned  proceeding.  1  This  Erratum  corrects  the  following  omissions  in  the  Order. 


 2.  Paragraph  1  is  corrected  to  read  as  follows: 
 “1.  In  this  order,  we  deny  a  petition  filed  by  ACS  Wireless,  Inc.  (“  ACS”)  1  requesting  that  the  Commission  forbear  from  enforcing  the  Phase  II  Enhanced  911  (E911)  accuracy  and 
 reliability  requirements  contained  in  section  20.18(  h)  of  the  Commission’s  Rules.  2  We  find,  as  an  initial  matter,  that  ACS  failed  to  comply  with  the  Commission’s  pleading  requirements  in  filing 
 its  forbearance  request  and  deny  its  request  on  that  ground.  Additionally,  we  conclude  that  forbearance  from  enforcement  of  Section  20.18(  h)  is  inconsistent  with  the  second  and  third 
 prongs  of  the  section  10  forbearance  test.  3 
 1  See  ACS  Wireless  Petition  for  Limited  Waiver  and  Forbearance,  CC  Docket  No.  94-  102  (filed  Nov.  14, 
 2003)  (Forbearance  Petition).  The  Commission  must  act  on  petitions  for  forbearance  within  one  year,  but  it  may  extend  this  deadline  by  90  days  if  it  finds  that  an  extension  is  necessary  to  meet  the  three  criteria  for 


 forbearance  listed  in  section  10(  a).  47  U.  S.  C.  §  160(  c).  The  Public  Safety  and  Critical  Infrastructure  Division,  acting  on  delegated  authority,  extended  the  initial  one  year-  period  for  review  by  90  days  to 
 February  14,  2005.  See  Petition  for  Forbearance  From  E911  Accuracy  Standards  Imposed  on  Tier  III  Carriers  For  Locating  Wireless  Subscribers  Under  Rule  Section  20.18(  h);  Petition  for  Limited 
 Forbearance  and  Waiver  by  ACS  Wireless,  Inc.,  WT  Docket  No.  02-  377,  CC  Docket  No.  94-  102,  Order,  19  FCC  Rcd  22515  (PSCID  2004).  The  Commission  will  act  on  the  Petition  for  Limited  Waiver  in  a  future 
 order. 
 2  47  C.  F.  R.  §  20.18(  h). 


 1  See  Petition  for  Forbearance  From  E911  Accuracy  Standards  Imposed  on  Tier  III  Carriers  For  Locating  Wireless 
 Subscribers  Under  Rule  Section  20.  18(  h);  Petition  for  Limited  Waiver  and  Forbearance  by  ACS  Wireless,  Inc.,  Order,  DA  05-  420  (PSCID  rel.  Feb.  14,  2005). 
1
 Federal  Communications  Commission 
 2 
 3  See  47  U.  S.  C.  §  160(  a)(  2),  (3).” 
 3.  Paragraph  7  is  corrected  to  read  as  follows: 
 “7.  Accordingly,  IT  IS  ORDERED,  pursuant  to  section  10  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  160,  and  pursuant  to  Commission  rule  1.53,  47  C.  F.  R.  1.53,  that 
 the  petition  for  forbearance  of  ACS  Wireless,  Inc.  IS  DENIED.” 
 4.  Paragraph  8  is  corrected  to  read  as  follows: 
 “8.  IT  IS  FURTHER  ORDERED,  pursuant  to  sections  1.103(  a)  and  1.4(  b)  of  the  Commission’s  rules,  47  C.  F.  R.  §§  1.103(  a)  and  1.4(  b),  that  this  order  SHALL  BE  EFFECTIVE 
 upon  release.” 
 5.  This  action  is  taken  under  delegated  authority  pursuant  to  Section  0.131  and  0.331  of  the  Commission’s  Rules,  47  C.  F.  R.  Sections  0.131,  0.331. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Michael  J.  Wilhelm  Chief,  Public  Safety  and  Critical  Infrastructure  Division 
 Wireless  Telecommunications  Bureau 
2