[Federal Register: September 7, 2004 (Volume 69, Number 172)]
[Rules and Regulations]
[Page 54037-54042]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se04-10]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 25
[CC Docket No. 94-102, IB Docket No. 99-67; FCC 04-201]
Scope of Enhanced 911 Requirements
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission sets forth recordkeeping and
reporting requirements in connection with mobile satellite service
(MSS) providers' implementation of 911 emergency call centers. As many
citizens, elected representatives, and public safety personnel
recognize, 911 service is critical to our Nation's ability to respond
to a host of crises and this document enhances the Nation's ability to
do so.
DATES: Effective February 14, 2005. The pre-implementation call center
reports (a one-time filing) are due by October 12, 2004. The post-
implementation call center reports are due annually, beginning on
October 15, 2005.
ADDRESSES: All comments should be addressed to the Office of the
Secretary, Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554. In addition to filing comments with the
Secretary, a copy of any Paperwork Reduction Act (PRA) comments on the
information collection(s) contained herein should be submitted to
Judith B. Herman, Federal Communications Commission, Room 1-C804, 445
12th Street, SW., Washington, DC 20554, or via the Internet to
Judith-B.Herman@fcc.gov, and to Kristy L. LaLonde, OMB Desk Officer, Room
10234 NEOB, 725 17th Street, NW., Washington, DC 20503 via the Internet
to Kristy_L._LaLonde@omb.eop.gov or by fax to 202-395-5167.
FOR FURTHER INFORMATION CONTACT: Arthur Lechtman, Satellite Division,
International Bureau, at (202) 418-1465. For additional information
concerning the information collection(s) contained in this document,
contact Judith B. Herman at 202-418-0214, or via the Internet at
Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Second Report and
Order (R&O), adopted on August 18, 2004, and released on August 25,
2004. The full text of the Second Report and Order is available for
public inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554. This document may also be purchased from
the Commission's duplicating contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
telephone 202-863-2893, facsimile 202-863-2898, or via e-mail
FCC@BCPIWEB.com. This R&O contains a modified information collection
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. It will be submitted to the Office of Management and Budget (OMB)
for review under the PRA. OMB, the general public, and other Federal
agencies are invited to comment on the modified information collection
contained in this proceeding.
Paperwork Reduction Act of 1995 Analysis
Initial Paperwork Reduction Act of 1995 Analysis
This R&O contains a modified information collection. Specifically,
the Commission previously obtained Office of Management and Budget
(OMB) approval for submission of the post-implementation call center
report in paper format (See OMB Control Number 3060-1059). The Second
Report and Order requires mandatory electronic filing of these reports.
The Commission, as part of its continuing effort to reduce
[[Page 54038]]
paperwork burdens, invites the general public and the OMB to comment on
the information collection(s) contained in this R&O, as required by the
Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. Public and
agency comments are due November 8, 2004. PRA comments should address:
(a) Whether the modified collection of information is necessary for the
proper performance of the functions of the Commission, including
whether the information shall have practical utility; (b) the accuracy
of the Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology. In addition, pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), we seek specific comment on how we might ``further
reduce the information collection burden for small business concerns
with fewer than 25 employees.''
OMB Control Number: 3060-1059.
Title: Revision of the Commission's rules to Ensure Compatibility
With Enhanced 911 Emergency Calling Systems; Amendment of parts 2 and
25 to Implement the Global Mobile Personal Communications by Satellite
(GMPCS) Memorandum of Understanding.
Form No.: Not applicable.
Type of Review: Revision of a currently approved collection.
Respondents: 25 respondents.
Estimated Number of Responses: 75 responses.
Estimated Time Per Response: 1-2 hours.
Frequency of Response: On occasion, annual and other reporting
requirements, recordkeeping requirement.
Estimated Total Annual Burden: 75 hours.
Estimated Total Annual Costs: $8,000.
Privacy Act Impact Assessment: Not applicable.
Needs and Uses: The Commission released a Second Report and Order
titled, ``Revision of the Commission's rules to Ensure Compatibility
With Enhanced 911 Emergency Calling Systems; Amendment of parts 2 and
25 to Implement the Global Mobile Personal Communications by Satellite
(GMPCS) Memorandum of Understanding and Arrangements; Petition of the
National Telecommunications and Information Administration (NTIA) to
Amend part 25 of the Commission's rules to Establish Emissions Limits
for Mobile and Portable Earth Stations Operating in the 1610-1660.5 MHz
Band,'' CC Docket No. 94-102; IB Docket No. 99-67, FCC 04-201. (E911
Scope Second R&O).
In the E911 Scope Second R&O, the Commission concluded that
pursuant to Sec. 25.143, Mobile Satellite Service (MSS) carriers must
file annual reports with the Commission electronically beginning
October 15, 2005. The reports will include carrier and call center
contact information, the aggregate number of calls received by the call
center each month during the relevant reporting period, and the number
of those calls that required forwarding to a PSAP. The MSS carriers'
filing of post-implementation reports with the Commission annually will
help the Commission to monitor compliance with the call center
requirement and determine whether modification to the requirement is
warranted. The reports will also be a means of updating the public
record on call center contact information. The Commission is revising
OMB Control Number 3060-1059 to implement mandatory electronic filing
for the post-implementation reports beginning October 15, 2005. The
number of respondents, annual burden hours, etc. include the pre-
implementation report that MSS carriers will file with the Commission
one-time only on October 12, 2004. A Correction Worksheet (OMB 83-c)
will be submitted to the Office of Management and Budget (OMB) to
remove the paperwork burden associated with the pre-implementation
report after October 12, 2004.
The information collections that result from the E911 Scope Second
R&O are used by the Commission under its authority to license
commercial satellite services in the United States. Without the
collection of information that would result from these proposed rules,
the Commission would not be able to monitor the MSS carriers'
establishment of call centers which are essential to provide emergency
services, such as handling emergency 911 telephone calls from American
citizens. The recordkeeping and reporting requirements include data on
MSS call center use such as the aggregate number of calls that the call
centers receive and the number of calls that required forwarding to a
local PSAP. The Commission will use this data to monitor compliance
with the call center requirement and track usage trends. Such
information would be useful to the Commission in considering whether
FCC rules require modification to accommodate the changing market.
I. Overview
1. In this Second Report and Order, we adopt recordkeeping and
reporting requirements in connection with implementation of the mobile
satellite service (MSS) 911 emergency call center rule. The Commission
adopted the call center rule in 2003, Revision of the Commission's
rules to Ensure Compatibility with Enhanced 911 Emergency Calling
Systems, CC Docket No. 94-102, IB Docket No. 99-67, Report and Order
and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 25340,
2003, and stated that it would become effective 12 months after Federal
Register publication, which occurred on February 11, 2004. See Report
and Order and Second Further Notice of Proposed Rulemaking, 69 FR 6578,
February 11, 2004. The new reporting requirements that we adopt today
will ensure that MSS carriers deploy their emergency call centers by
February 11, 2005, in a timely manner and that all stakeholders
(including the Commission, service providers, public safety
organizations, and customers) are informed during the implementation
and operation of these centers. Reliable communications systems for
public safety and Homeland Security are core goals of the Commission in
serving the public interest. This decision represents a balanced
approach, which takes into consideration the expectations of consumers
and the need to strengthen Americans' ability to access public safety
entities in times of crisis, including for Homeland Security purposes.
A. Pre-Implementation Status Reports
2. Discussion. We will require MSS carriers to file pre-
implementation status reports concerning their respective plans to
deploy emergency call centers. We conclude that this requirement will
encourage carrier planning efforts (particularly those carriers that do
not already provide emergency call centers) and discussions with other
necessary participants in the public safety community. Advance
notification will inform stakeholders how MSS carriers intend to
connect with PSAPs. Contrary to Globalstar's assertions, we believe
that a certification of compliance would arrive too late to stimulate
advance discussions with the public safety community. These discussions
may be instrumental in ensuring that MSS carriers have the necessary
resources to handle effectively emergency call traffic. Rather than
have the pre-implementation report due three months prior to the
effective date (as proposed), we require
[[Page 54039]]
MSS carriers to submit these reports by October 12, 2004, four months
prior to the call center rule's effective date. We believe that an
October deadline will (a) give carriers sufficient time to prepare
their reports and (b) allow for any public safety coordination that may
be necessary prior to February 11, 2005.
3. The pre-implementation reports should include the following
information: (a) Carrier identification information, including the
person or persons filing the report and contact information; (b) a
description of the carrier's coverage area; (c) basic call center
information, including location and plans for routing emergency calls
to PSAPs; (d) a description of how the call center features will be
communicated to customers; and (e) an indication of any problems that
the carrier has experienced in organizing its call center. We
anticipate that the reports will be brief due to the limited nature of
the information we are seeking, and therefore the reporting requirement
should not impose substantial new burdens on carriers. In order to
minimize any burden, we permit the electronic filing of the reports,
which will be available on the Commission's Web site for ease of
accessibility. Those carriers choosing to submit paper reports should
submit an original and one copy to the Secretary's office to the
attention of the Chief of the International Bureau at 445 12th Street,
SW., Washington, DC 20554. We will also direct the Chief, International
Bureau, to issue a public notice addressing the administrative details
of the electronic submissions. Carriers may make changes in their plans
after the report is filed, but to the extent that any substantial
changes occur, carriers must file updates to their reports within 30
days of the adoption of any such change. We believe that the pre-
implementation reports will provide valuable information for
coordinating carrier plans with PSAPs and will assist our efforts to
monitor implementation of the call center rule in a timely manner. If a
carrier anticipates that it will not be able to meet the February 11,
2005, deadline for call center deployment, it should file a request for
extension of time as early as possible in advance of the February 2005
deadline.
B. Post-Implementation Status Reports
4. Discussion. We believe that collection of call center data will
benefit the public interest. We will require that MSS carriers keep
track of all calls received at their emergency call centers. (The
Commission does not require a similar call tracking requirement for
other wireless carriers. The number of 911 calls currently received by
MSS carriers is significantly lower than that received by terrestrial
wireless carriers. In addition, the different nature of the 911
requirements and technological nature of the different services
provides for a different approach in reporting requirements. Cellular
and PCS providers are required to use technological solutions to
automatically route 911 calls to the proper emergency personnel. Under
the call center rule, MSS carriers must rely on staff at a call center
to route the 911 call.) The reporting requirement on the number of
calls received will assist us in monitoring a number of issues,
including whether MSS carriers are complying with the call center rule,
whether call centers are capable of handling 911 call traffic, and
whether network enhancements would be necessary to improve the transfer
of emergency calls from the call center to PSAPs. In addition, any MSS
carriers that begin operation after February 11, 2005 would not be
subject to a pre-implementation report; rather, they would need to
comply with the call center requirement when operations begin (to the
extent that two-way interconnected voice service is provided,
consistent with our MSS call center policies). The post-implementation
call center data reports would provide the only records on file at the
Commission concerning those carriers' emergency call centers. MSS
carriers must also identify which calls required forwarding to a PSAP
and which did not. As we stated in the E911 Scope Second Further
Notice, we believe that this data will be useful in assisting the
Commission in monitoring compliance with the call center requirement as
well as determining whether modification to the requirement is
warranted. As suggested by NENA/NASNA, we will not require carriers to
supply customer-specific information with these reports. Instead,
carriers may submit the information in aggregate form. These reports
must be filed once per year by each MSS carrier subject to the call
center rule. In order to reduce the burden on carriers, the call center
report will be due on the same day that MSS licensees must file their
annual reports pursuant to Sec. 25.143. See 47 CFR 25.143(e).
Operators of 1.6/2.4 GHz MSS and 2 GHz MSS systems must file reports on
October 15 of each year concerning various aspects of their satellite
system. Operators of MSS in other bands (e.g., L-band) are subject to
the annual reporting requirements contained in Sec. 25.210(l), which
designates June 30 of each year as the reporting deadline. See 47 CFR
25.210(l). Therefore, the first call center reports will be due on
October 15, 2005. Those MSS carriers that have a June 30 annual
reporting requirement may submit their first post-implementation call
center status reports on June 30, 2006.
5. We do not believe that this reporting requirement will impose
substantial burdens on carriers, contrary to Globalstar's position. The
information that we are collecting is minimal. Consistent with the
Commission's recent requirement that all part 25 related filings be
filed electronically, Amendment of the Commission's Space Station
Licensing Rules and Policies, 2000 Biennial Regulatory Review--
Streamlining and Other Revisions of part 25 of the Commission's rules
Governing the Licensing of, and Spectrum Usage by, Satellite Network
Earth Stations and Space Stations, IB Docket Nos. 02-34 and 00-248,
Fourth Report and Order, 69 FR 47790, August 6, 2004, we require the
post-implementation report to be filed electronically. We will also
make these reports available on our Web site, and direct the Chief,
International Bureau, to issue a public notice addressing the
administrative details of the electronic submissions. We received no
comments on our proposal to establish a sunset provision for a post-
implementation reporting requirement. We anticipate that this
requirement will sunset of its own accord after we transition MSS from
911 call centers to an automated E911 system following the conclusion
of NRIC VII. Until that time, the data that carriers collect will
provide valuable information that will assist in monitoring usage
trends and also will help public safety organizations assess call
center effectiveness. Usage trends may be an indicator of the need to
modify the call center rule to be more responsive to call traffic or
the need to hasten the transition to automatic delivery of MSS 911
calls to PSAPs.
C. Other Issues
6. Discussion. When we adopted the MSS call center requirement, we
stated that call center operators must obtain the caller's phone number
and location. We clarify now that call centers may share this
information with the PSAP that receives the forwarded call. We must
ensure that PSAPs can reconnect interrupted emergency calls as quickly
as possible. We agree with NENA/NANSA's assertion that section 222(d)
of the Communications Act permits MSS call centers to disclose to a
PSAP any customer-specific information necessary to ``reconnect with
the caller
[[Page 54040]]
and proceed with the emergency response.'' (NENA/NASNA comments at 4).
Moreover, MSS call centers are permitted under section 222(g) to
provide PSAPs with subscriber listed and unlisted information
(including caller name and number) in order to assist in the delivery
of emergency services. Consequently, there is no need for us to
determine here whether a call center meets the definition of a PSAP.
II. Final Regulatory Flexibility Analysis
7. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Revision of the Commission's rules to Ensure
Compatibility With Enhanced 911 Emergency Calling Systems Second
Further Notice of Proposed Rulemaking (2nd FNPRM). The Commission
sought written public comment on the proposals in the 2nd FNPRM,
including comment on the IRFA. This present Final Regulatory
Flexibility Analysis (FRFA) for the Second Report and Order conforms to
the RFA.
A. Need for, and Objectives of, the Proposed Rules
8. The Second Report and Order issues new reporting and
recordkeeping rules in connection with the implementation of the mobile
satellite service (MSS) emergency call center rule, 47 CFR 25.284, that
was initiated with the Second Further Notice of Proposed Rulemaking, CC
Docket No. 94-102 and IB Docket No. 99-67. The Second Report and Order
requires MSS carriers subject to the call center rule to file a report
with the Commission that indicates the carrier's plans for establishing
its emergency call center. This report will ensure that MSS carriers
deploy their emergency call centers by February 11, 2005, in a timely
manner and that all stakeholders (including the Commission, service
providers, public safety organizations, and customers) are informed
during the implementation and operation of these centers. The Second
Report and Order also requires MSS carriers subject to the call center
rule to file annual reports regarding contact information and call
traffic data, including the aggregate number of calls received on a
monthly basis and the number of those calls that required transferring
to a public safety answering point (PSAP). The Commission takes this
action in recognition of Congress' directive to ``facilitate the prompt
deployment throughout the United States of a seamless, ubiquitous, and
reliable end-to-end infrastructure for communications, including
wireless communications, to meet the Nation's public safety and other
communications needs.'' In addition, the Commission takes this action
to ensure consumers' expectations regarding access to 911 service are
met, to strengthen Americans' ability to access public safety. It has
balanced those goals against the needs of entities offering these
services to be able to compete in a competitive marketplace.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
9. We received no comments directly in response to the IRFA in this
proceeding.
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
10. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the adopted rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under section 3 of the
Small Business Act (5 U.S.C. 601(3) (incorporating by reference the
definition of ``small business concern'' in the Small Business Act, 15
U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with the
Office of Advocacy of the Small Business Administration and after
opportunity for public comment, establishes one or more definitions of
such term which are appropriate to the activities of the agency and
publishes such definitions(s) in the Federal Register.'' Under the
Small Business Act, a ``small business concern'' is one that: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA). A small organization is generally
``any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.''
11. Incumbent Local Exchange Carriers. Neither the Commission nor
the SBA has developed a specific small business size standard for
providers of incumbent local exchange services. The closest applicable
size standard under the SBA rules is for Wired Telecommunications
Carriers. Under that standard, such a business is small if it has 1,500
or fewer employees. According to the FCC's Telephone Trends Report
data, 1,337 incumbent local exchange carriers reported that they were
engaged in the provision of local exchange services. Of these 1,337
carriers, an estimated 1,032 have 1,500 or fewer employees and 305 have
more than 1,500 employees. Consequently, we estimate that the majority
of providers of local exchange service are small entities that may be
affected by the rules and policies adopted herein.
12. Competitive Local Exchange Carriers. Neither the Commission nor
the SBA has developed a specific small business size standard for
providers of competitive local exchange services. The closest
applicable size standard under the SBA rules is for Wired
Telecommunications Carriers. Under that standard, such a business is
small if it has 1,500 or fewer employees. According to the FCC's
Telephone Trends Report data, 609 companies reported that they were
engaged in the provision of either competitive access provider services
or competitive local exchange carrier services. Of these 609 companies,
an estimated 458 have 1,500 or fewer employees and 151 have more than
1,500 employees. Consequently, the Commission estimates that the
majority of providers of competitive local exchange service are small
entities that may be affected by the rules.
13. Competitive Access Providers. Neither the Commission nor the
SBA has developed a specific size standard for competitive access
providers (CAPS). The closest applicable standard under the SBA rules
is for Wired Telecommunications Carriers. Under that standard, such a
business is small if it has 1,500 or fewer employees. According to the
FCC's Telephone Trends Report data, 609 CAPs or competitive local
exchange carriers and 35 other local exchange carriers reported that
they were engaged in the provision of either competitive access
provider services or competitive local exchange carrier services. Of
these 609 competitive access providers and competitive local exchange
carriers, an estimated 458 have 1,500 or fewer employees and 151 have
more than 1,500 employees. Of the 35 other local exchange carriers, an
estimated 34 have 1,500 or fewer employees and one has more than 1,500
employees. Consequently, the Commission estimates that the majority of
small entity CAPS and the majority of other local exchange carriers may
be affected by the rules.
14. Local Resellers. The SBA has developed a specific size standard
for small businesses within the category of
[[Page 54041]]
Telecommunications Resellers. Under that standard, such a business is
small if it has 1,500 or fewer employees. According to the FCC's
Telephone Trends Report data, 133 companies reported that they were
engaged in the provision of local resale services. Of these 133
companies, an estimated 127 have 1,500 or fewer employees and 6 have
more than 1,500 employees. Consequently, the Commission estimates that
the majority of local resellers may be affected by the rules.
15. Toll Resellers. The SBA has developed a specific size standard
for small businesses within the category of Telecommunications
Resellers. Under that SBA definition, such a business is small if it
has 1,500 or fewer employees. According to the FCC's Telephone Trends
Report data, 625 companies reported that they were engaged in the
provision of toll resale services. Of these 625 companies, an estimated
590 have 1,500 or fewer employees and 35 have more than 1,500
employees. Consequently, the Commission estimates that a majority of
toll resellers may be affected by the rules.
16. Interexchange Carriers. Neither the Commission nor the SBA has
developed a specific size standard for small entities specifically
applicable to providers of interexchange services. The closest
applicable size standard under the SBA rules is for Wired
Telecommunications Carriers. Under that standard, such a business is
small if it has 1,500 or fewer employees. According to the FCC's
Telephone Trends Report data, 261 carriers reported that their primary
telecommunications service activity was the provision of interexchange
services. Of these 261 carriers, an estimated 223 have 1,500 or fewer
employees and 38 have more than 1,500 employees. Consequently, we
estimate that a majority of interexchange carriers may be affected by
the rules.
17. Operator Service Providers. Neither the Commission nor the SBA
has developed a specific size standard for small entities specifically
applicable to operator service providers. The closest applicable size
standard under the SBA rules is for Wired Telecommunications Carriers.
Under that standard, such a business is small if it has 1,500 or fewer
employees. According to the FCC's Telephone Trends Report data, 23
companies reported that they were engaged in the provision of operator
services. Of these 23 companies, an estimated 22 have 1,500 or fewer
employees and one has more than 1,500 employees. Consequently, the
Commission estimates that a majority of local resellers may be affected
by the rules.
18. Prepaid Calling Card Providers. The SBA has developed a size
standard for small businesses within the category of Telecommunications
Resellers. Under that size standard, such a business is small if it has
1,500 or fewer employees. According to the FCC's Telephone Trends
Report data, 37 companies reported that they were engaged in the
provision of prepaid calling cards. Of these 37 companies, an estimated
36 have 1,500 or fewer employees and one has more than 1,500 employees.
Consequently, the Commission estimates that a majority of prepaid
calling providers may be affected by the rules.
19. Mobile Satellite Service Carriers. Neither the Commission nor
the U.S. Small Business Administration has developed a small business
size standard specifically for mobile satellite service licensees. The
appropriate size standard is therefore the SBA standard for Satellite
Telecommunications, which provides that such entities are small if they
have $12.5 million or less in annual revenues. Currently, nearly a
dozen entities are authorized to provide voice MSS in the United
States. We have ascertained from published data that four of those
companies are not small entities according to the SBA's definition, but
we do not have sufficient information to determine which, if any, of
the others are small entities. We anticipate issuing several licenses
for 2 GHz mobile earth stations that would be subject to the
requirements we are adopting here. We do not know how many of those
licenses will be held by small entities, however, as we do not yet know
exactly how many 2 GHz mobile-earth-station licenses will be issued or
who will receive them. The Commission notes that small businesses are
not likely to have the financial ability to become MSS system operators
because of high implementation costs, including construction of
satellite space stations and rocket launch, associated with satellite
systems and services.
20. Other Toll Carriers. Neither the Commission nor the SBA has
developed a specific size standard for small entities specifically
applicable to ``Other Toll Carriers.'' This category includes toll
carriers that do not fall within the categories of interexchange
carriers, operator service providers, prepaid calling card providers,
satellite service carriers, or toll resellers. The closest applicable
size standard under the SBA rules is for Wired Telecommunications
Carriers. Under that standard, such a business is small if it has 1,500
or fewer employees. According to the FCC's Telephone Trends Report
data, 92 carriers reported that they were engaged in the provision of
``Other Toll Services.'' Of these 92 carriers, an estimated 82 have
1,500 or fewer employees and ten have more than 1,500 employees.
Consequently, the Commission estimates that a majority of ``Other Toll
Carriers'' may be affected by the rules.
21. Wireless Service Providers. The SBA has developed a size
standard for small wireless businesses within the two separate
categories of Cellular and Other Wireless Telecommunications and
Paging. Under these standards, such a business is small if it has 1,500
or fewer employees. According to the FCC's Telephone Trends Report
data, 1,387 companies reported that they were engaged in the provision
of wireless service. Of these 1,387 companies, an estimated 945 have
1,500 or fewer employees and 442 have more than 1,500 employees.
Consequently, we estimate that a majority of wireless service providers
may be affected by the rules.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
22. Paragraphs 10-14 of the Second Report and Order require that
all MSS licensees subject to the emergency call center requirement both
(a) submit implementation progress reports prior to the effective date
of the call center requirement and (b) record data on call center
operations for annual reporting purposes. See also Section E, infra.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
23. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
24. The critical nature of the 911 and E911 proceedings limit the
Commission's ability to provide small carriers with a less burdensome
set of E911 regulations than that placed on large entities. A delayed
or less than adequate response to an E911 call can
[[Page 54042]]
be disastrous regardless of whether a small carrier or a large carrier
is involved. Prior to adoption of the call center rule, 47 CFR 25.284,
MSS carriers had been exempt from the Commission's 911 and E911
regulations.
25. As mentioned, the Second Report and Order sets forth reporting
and recordkeeping requirements in connection with implementation of the
MSS emergency call center requirement. The first reporting requirement
is a one-time filing that MSS carriers (those subject to the call
center rule) must submit, electronically, prior to the effective date
of the call center rule. This report would provide the Commission, the
public, and the public safety community with valuable information
concerning the carrier's plans to establish an emergency call center.
Call center 911 service is a new form of 911 service, and the Second
Report and Order also requires collection of call center data,
including the number of calls received during a given period and the
number of calls requiring forwarding to a public safety answering point
(PSAP). To minimize burdens on MSS carriers, including small entities,
the Second Report and Order requires that the annual call center data
reports be filed electronically and that the deadline for submission be
consistent with the deadline for satellite operators' annual satellite
reports.
26. By tailoring its rules in this manner, the Commission seeks to
fulfill its obligation of ensuring ``a seamless, ubiquitous, and
reliable end-to-end infrastructure for communications, including
wireless communications, to meet the Nation's public safety and other
communications needs.''
F. Report to Congress
27. The Commission will send a copy of the Second Report and Order,
including this FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the Second Report and Order, including the FRFA, to the Chief
Counsel for Advocacy of the Small Business Administration. A copy of
the Second Report and Order and FRFA (or summaries thereof) will also
be published in the Federal Register. See 5 U.S.C. 604(b).
III. Ordering Clauses
28. It is ordered, that pursuant to sections 1, 4(i), 7, 10, 201,
202, 208, 214, 222(d)(4)(A)-(C), 222(f), 222(g), 222(h)(1)(A),
222(h)(4)-(5), 251(e)(3), 301, 303, 308, and 310 of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 157, 160, 201, 202,
208, 214, 222(d)(4)(A)-(C), 222(f), 222(g), 222(h)(1)(A), 222(h)(4)-
(5), 251(e)(3), 301, 303, 308, 310, this Second Report and Order is
hereby adopted.
29. It is further ordered that the rule changes set forth will
become effective on February 14, 2005.
30. It is further ordered that, pursuant to 47 U.S.C. 155(c) and 47
CFR 0.261, the Chief of the International Bureau is delegated authority
to prescribe and set forth procedures for the implementation of the
provisions adopted herein.
31. It is further ordered that the Commission's Office of Consumer
and Government Affairs, Reference Information Center, shall send a copy
of this Second Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 25
Satellites.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 25 as follows:
PART 25--SATELLITE COMMUNICATIONS
0
1. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4,
301, 302, 303, 307, 309, and 332 of the Communications Act, as
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, 332,
unless otherwise noted.
0
2. Redesignate the text of Sec. 25.284 as Sec. 25.284(a), and add new
paragraph (b), to read as follows:
Sec. 25.284 Emergency Call Center Service.
(a) * * *
(b) Beginning February 11, 2005, each mobile satellite service
carrier that is subject to the provisions of paragraph (a) of this
section must maintain records of all 911 calls received at its
emergency call center. Beginning October 15, 2005, and on each
following October 15, mobile satellite service carriers providing
service in the 1.6/2.4 GHz and 2 GHz bands must submit a report to the
Commission regarding their call center data, current as of September 30
of that year. Beginning June 30, 2006, and on each following June 30,
mobile satellite service carriers providing service in bands other than
1.6/2.4 GHz and 2 GHz must submit a report to the Commission regarding
their call center data, current as of May 31 of that year. These
reports must include, at a minimum, the following:
(1) The name and address of the carrier, the address of the
carrier's emergency call center, and emergency call center contact
information;
(2) The aggregate number of calls received by the call center each
month during the relevant reporting period;
(3) An indication of how many calls received by the call center
each month during the relevant reporting period required forwarding to
a public safety answering point and how many did not require forwarding
to a public safety answering point.
[FR Doc. 04-20162 Filed 9-3-04; 8:45 am]
BILLING CODE 6712-01-P