[Federal Register: September 25, 2008 (Volume 73, Number 187)]
[Proposed Rules]
[Page 55473-55495]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25se08-23]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 20
[PS Docket No. 07-114; DA 08-2129]
Wireless E911 Location Accuracy Requirements
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission seeks
comment on proposals in certain ex parte filings submitted by the
Association of Public-Safety Communications Officials, International
(APCO), the National Emergency Number Association (NENA), AT&T, Sprint
Nextel Corporation, and Verizon Wireless regarding location accuracy
requirements for wireless licensees subject to the Commission's rules
that specify standards for wireless Enhanced 911 (E911) Phase II
location accuracy and reliability.
DATES: Comments are due October 6, 2008 by 12 p.m. Reply Comments are
due October 14, 2008 by 12 p.m.
ADDRESSES: All filings must be addressed to the Commission's Secretary,
Marlene H. Dortch, Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW., Washington, DC 20554. Parties shall
also serve one copy with the Commission's copy contractor, Best Copy
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, (202) 488-5300, or via e-mail to
fcc@bcpiweb.com. In addition to filing comments with the Secretary, a
copy of any comments on the Paperwork Reduction Act information
collection requirements contained herein should be submitted to the
Federal Communications Commission via e-mail to PRA@fcc.gov and to
Nicholas A. Fraser, Office of Management and Budget, via e-mail to
Nicholas_A._Fraser@omb.eop.gov or via fax at 202-395-5167.
FOR FURTHER INFORMATION CONTACT: Thomas J. Beers, Chief, Policy
Division, Public Safety and Homeland Security Bureau, at (202) 418-
0952. For additional information concerning the Paperwork Reduction Act
information collection requirements contained in this document, send an
e-mail to PRA@fcc.gov or contact Jerry Cowden at (202) 418-0447.
SUPPLEMENTARY INFORMATION: On November 20, 2007, the Commission
released a Report and Order (Location Accuracy Order) requiring
wireless licensees subject to section 20.18(h) of the Commission's
rules, which specifies the standards for wireless Enhanced 911 (E911)
Phase II location accuracy and reliability, to satisfy these standards
at a geographical level defined by the coverage area of a Public Safety
Answering Point (PSAP). On March 25, 2008, the United States Court of
Appeals for the District of Columbia Circuit (Court) stayed the
Location Accuracy Order.
On July 14, 2008, APCO and the National Emergency Number
Association (NENA) filed an ex parte letter addressing handset-based
and network-based location accuracy criteria, stating that they ``are
now willing to accept compliance measurements at the county level''
rather than at the PSAP level, and that ``[p]ublic safety and wireless
carriers are in current discussions on a number of other issues
associated with E9-1-1.''
On July 31, 2008, the Commission filed with the Court a Motion for
Voluntary Remand and Vacatur, which requested remand based on the
proposals contained in the July 14 ex parte letter and ``[i]n light of
the public safety community's support for revised rules.'' Following
this filing with the Court, NENA, APCO, Verizon Wireless, Sprint Nextel
Corporation, and AT&T submitted written ex parte letters with the
Commission with proposed new wireless E911 rules. Taken together, these
proposals reflect agreement among those parties for new E911 accuracy
requirements for both handset-based and network-based technologies, in
order to achieve E911 accuracy compliance at the county-level. The
parties also offer plans to convene industry groups to address related
E911 issues, and AT&T included a proposal reflecting agreement on
carrier provision of confidence and uncertainty data to PSAPs. Copies
of all relevant ex parte submissions are included in the Attachment to
this document.
We therefore seek comment on the proposed changed accuracy
requirements, including the benchmarks, limitations, and exclusions
noted therein, for handset-based and network-based location
technologies. We also invite views on the pledges to convene industry
groups to explore related issues, and whether we should require the
provision of confidence and uncertainty data. In sum, by this Public
Notice, the Public Safety and Homeland Security Bureau seeks comment on
all of these proposals as well as any alternative modifications to
location accuracy requirements. The Bureau urges all interested parties
to review the entirety of the above-referenced ex parte letters.
We also seek comment on the attached Initial Regulatory Flexibility
Analysis in connection with the proposals described.
This action is taken under delegated authority pursuant to Sections
0.191 and 0.392 of the Commission's rules, 47 CFR 0.191, 0.392.
This abbreviated comment cycle is appropriate given the compelling
public interest in achieving accurate and reliable E911 location
information.
Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS) or by filing paper copies. Comments filed through
the ECFS can be sent as an electronic file via the Internet to http://
www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic
submission must be filed. If multiple docket or rulemaking numbers
appear in the caption of the proceeding, commenters must transmit one
electronic copy of the comments to each docket or rulemaking number
referenced in the caption. In completing the transmittal screen,
commenters should include their full name, U.S. Postal Service mailing
address, and the applicable docket or rulemaking numbers. All filings
concerning this Public Notice should refer to PS Docket No. 07-114.
Parties may also submit an electronic comment by Internet e-mail. To
get filing instructions for e-mail comments, commenters should send an
e-mail to ecfs@fcc.gov, and should include the following words in the
body of the message, ``get form.'' A sample form and directions will be
sent in reply. Parties who choose to file by paper must file an
original and four copies of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, commenters
must submit two additional copies for each additional docket or
rulemaking number.
Paper filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). Parties are strongly encouraged to
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file comments electronically using the Commission's ECFS.
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002.
--The filing hours at this location are 8 a.m. to 7 p.m.
--All hand deliveries must be held together with rubber bands or
fasteners.
--Any envelopes must be disposed of before entering the building.
--Commercial overnight mail (other than U.S. Postal Service Express
Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743.
--U.S. Postal Service first-class mail, Express Mail, and Priority Mail
should be addressed to 445 12th Street, SW., Washington, DC 20554.
All filings must be addressed to the Commission's Secretary,
Marlene H. Dortch, Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW., Washington, DC 20554. Parties shall
also serve one copy with the Commission's copy contractor, Best Copy
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, (202) 488-5300, or via e-mail to
fcc@bcpiweb.com.
Documents in PS Docket No. 07-114 will be available for public
inspection and copying during business hours at the FCC Reference
Information Center, Portals II, 445 12th St., SW., Room CY-A257,
Washington, DC 20554. The documents may also be purchased from BCPI,
telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562,
e-mail fcc@bcpiweb.com.
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).
This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance
of the presentations and not merely a listing of the subjects
discussed. More than a one- or two-sentence description of the views
and arguments presented generally is required. Other requirements
pertaining to oral and written presentations are set forth in section
1.1206(b) of the Commission's rules.
This document contains proposed new information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. 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.''
Initial Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact of the proposal described in the attached Public Notice
on small entities. Written public comments are requested on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines for comments in the Public Notice. The Commission will
send a copy of the Public Notice, including this IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration (SBA). In
addition, the Notice and IRFA (or summaries thereof) will be published
in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
2. The Public Notice seeks comments broadly on a proposal recently
submitted by APCO, NENA, AT&T, Sprint Nextel Corporation, and Verizon
Wireless, and on any other alternative approaches, to best ensure that
public safety answering points (PSAPs) receive location information
that is as accurate as possible for all wireless E911 calls. APCO,
NENA, AT&T, Sprint Nextel Corporation, and Verizon Wireless propose
requiring measurement of location accuracy compliance at the county
level rather than PSAP level; certain modifications to the Phase II
location accuracy requirements set forth in 47 CFR 20.18(h); provision
for testing to establish baseline confidence and uncertainty levels in
a county; and stakeholder-based consultation to explore such E911-
related issues as possible approaches for assessing wireless 911
location accuracy for calls originating indoors; updated outdoor and
indoor accuracy measurement methodologies, testing of emerging
technology claims; E911 responsibilities in an open-access environment,
and the development of hybrid network aGPS technologies.
B. Legal Basis
3. The legal basis for any action that may be taken pursuant to
this Public Notice is contained in Sections 4(i) and 332 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 332.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Would Apply
4. 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 proposed rules. 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 the Small Business
Act. A small business concern is one which: (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).
5. Nationwide, there are a total of approximately 22.4 million
small businesses, according to SBA data. A ``small organization'' is
generally ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.'' Nationwide, as of
2002, there were approximately 1.6 million small organizations. The
term ``small governmental jurisdiction'' is defined generally as
``governments of cities, towns, townships, villages, school districts,
or special districts, with a population of less than fifty thousand.''
Census Bureau data for 2002 indicate that there were 87,525 local
governmental jurisdictions in the United States. We estimate that, of
this total, 84,377 entities were ``small governmental jurisdictions.''
Thus, we estimate that most governmental jurisdictions are small.
1. Telecommunications Service Entities
a. Wireless Telecommunications Service Providers
6. Pursuant to 47 CFR 20.18(a), the Commission's 911 Service
requirements are only applicable to Commercial Mobile Radio Service
(CMRS) ``[providers], excluding mobile satellite service operators, to
the extent that they: (1) Offer real-time, two way switched
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voice service that is interconnected with the public switched network;
and (2) Utilize an in-network switching facility that enables the
provider to reuse frequencies and accomplish seamless hand-offs of
subscriber calls. These requirements are applicable to entities that
offer voice service to consumers by purchasing airtime or capacity at
wholesale rates from CMRS licensees.''
7. Below, for those services subject to auctions, we note that, as
a general matter, the number of winning bidders that qualify as small
businesses at the close of an auction does not necessarily represent
the number of small businesses currently in service. Also, the
Commission does not generally track subsequent business size unless, in
the context of assignments or transfers, unjust enrichment issues are
implicated.
8. Cellular Licensees. The SBA has developed a small business size
standard for wireless firms within the broad economic census category
``Cellular and Other Wireless Telecommunications.'' Under this SBA
category, a wireless business is small if it has 1,500 or fewer
employees. For the census category of Cellular and Other Wireless
Telecommunications, Census Bureau data for 2002 show that there were
1,397 firms in this category that operated for the entire year. Of this
total, 1,378 firms had employment of 999 or fewer employees, and 19
firms had employment of 1,000 employees or more. Thus, under this
category and size standard, the great majority of firms can be
considered small. Also, according to Commission data, 437 carriers
reported that they were engaged in the provision of cellular service,
Personal Communications Service (PCS), or Specialized Mobile Radio
(SMR) Telephony services, which are placed together in the data. We
have estimated that 260 of these are small, under the SBA small
business size standard.
9. Common Carrier Paging. The SBA has developed a small business
size standard for wireless firms within the broad economic census
category, ``Cellular and Other Wireless Telecommunications.'' Under
this SBA category, a wireless business is small if it has 1,500 or
fewer employees. For the census category of Paging, Census Bureau data
for 2002 show that there were 807 firms in this category that operated
for the entire year. Of this total, 804 firms had employment of 999 or
fewer employees, and three firms had employment of 1,000 employees or
more. Thus, under this category and associated small business size
standard, the majority of firms can be considered small. In the Paging
Third Report and Order, we developed a small business size standard for
``small businesses'' and ``very small businesses'' for purposes of
determining their eligibility for special provisions such as bidding
credits and installment payments. A ``small business'' is an entity
that, together with its affiliates and controlling principals, has
average gross revenues not exceeding $15 million for the preceding
three years. Additionally, a ``very small business'' is an entity that,
together with its affiliates and controlling principals, has average
gross revenues that are not more than $3 million for the preceding
three years. The SBA has approved these small business size standards.
An auction of Metropolitan Economic Area licenses commenced on February
24, 2000, and closed on March 2, 2000. Of the 985 licenses auctioned,
440 were sold. Fifty-seven companies claiming small business status
won. Also, according to Commission data, 375 carriers reported that
they were engaged in the provision of paging and messaging services. Of
those, we estimate that 370 are small, under the SBA-approved small
business size standard.
10. Wireless Telephony. Wireless telephony includes cellular,
personal communications services (PCS), and specialized mobile radio
(SMR) telephony carriers. As noted earlier, the SBA has developed a
small business size standard for ``Cellular and Other Wireless
Telecommunications'' services. Under that SBA small business size
standard, a business is small if it has 1,500 or fewer employees.
According to Commission data, 445 carriers reported that they were
engaged in the provision of wireless telephony. We have estimated that
245 of these are small under the SBA small business size standard.
11. Broadband Personal Communications Service. The broadband
Personal Communications Service (PCS) spectrum is divided into six
frequency blocks designated A through F, and the Commission has held
auctions for each block. The Commission defined ``small entity'' for
Blocks C and F as an entity that has average gross revenues of $40
million or less in the three previous calendar years. For Block F, an
additional classification for ``very small business'' was added and is
defined as an entity that, together with its affiliates, has average
gross revenues of not more than $15 million for the preceding three
calendar years.'' These standards defining ``small entity'' in the
context of broadband PCS auctions have been approved by the SBA. No
small businesses, within the SBA-approved small business size standards
bid successfully for licenses in Blocks A and B. There were 90 winning
bidders that qualified as small entities in the Block C auctions. A
total of 93 small and very small business bidders won approximately 40
percent of the 1,479 licenses for Blocks D, E, and F. On March 23,
1999, the Commission re-auctioned 347 C, D, E, and F Block licenses.
There were 48 small business winning bidders. On January 26, 2001, the
Commission completed the auction of 422 C and F Broadband PCS licenses
in Auction No. 35. Of the 35 winning bidders in this auction, 29
qualified as ``small'' or ``very small'' businesses. Subsequent events,
concerning Auction 35, including judicial and agency determinations,
resulted in a total of 163 C and F Block licenses being available for
grant.
12. Narrowband Personal Communications Services. To date, two
auctions of narrowband personal communications services (PCS) licenses
have been conducted. For purposes of the two auctions that have already
been held, ``small businesses'' were entities with average gross
revenues for the prior three calendar years of $40 million or less.
Through these auctions, the Commission has awarded a total of 41
licenses, out of which 11 were obtained by small businesses. To ensure
meaningful participation of small business entities in future auctions,
the Commission has adopted a two-tiered small business size standard in
the Narrowband PCS Second Report and Order. A ``small business'' is an
entity that, together with affiliates and controlling interests, has
average gross revenues for the three preceding years of not more than
$40 million. A ``very small business'' is an entity that, together with
affiliates and controlling interests, has average gross revenues for
the three preceding years of not more than $15 million. The SBA has
approved these small business size standards. In the future, the
Commission will auction 459 licenses to serve Metropolitan Trading
Areas (MTAs) and 408 response channel licenses. There is also one
megahertz of narrowband PCS spectrum that has been held in reserve and
that the Commission has not yet decided to release for licensing. The
Commission cannot predict accurately the number of licenses that will
be awarded to small entities in future auctions. However, four of the
16 winning bidders in the two previous narrowband PCS auctions were
small businesses, as that term was defined. The Commission assumes, for
purposes of this analysis that a large portion of the remaining
narrowband
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PCS licenses will be awarded to small entities. The Commission also
assumes that at least some small businesses will acquire narrowband PCS
licenses by means of the Commission's partitioning and disaggregation
rules.
13. Rural Radiotelephone Service. The Commission has not adopted a
size standard for small businesses specific to the Rural Radiotelephone
Service. A significant subset of the Rural Radiotelephone Service is
the Basic Exchange Telephone Radio System (BETRS). The Commission uses
the SBA's small business size standard applicable to ``Cellular and
Other Wireless Telecommunications,'' i.e., an entity employing no more
than 1,500 persons. There are approximately 1,000 licensees in the
Rural Radiotelephone Service, and the Commission estimates that there
are 1,000 or fewer small entity licensees in the Rural Radiotelephone
Service that may be affected by the rules and policies adopted herein.
14. Air-Ground Radiotelephone Service. The Commission has not
adopted a small business size standard specific to the Air-Ground
Radiotelephone Service. We will use SBA's small business size standard
applicable to ``Cellular and Other Wireless Telecommunications,'' i.e.,
an entity employing no more than 1,500 persons. There are approximately
100 licensees in the Air-Ground Radiotelephone Service, and we estimate
that almost all of them qualify as small under the SBA small business
size standard.
15. Offshore Radiotelephone Service. This service operates on
several UHF television broadcast channels that are not used for
television broadcasting in the coastal areas of states bordering the
Gulf of Mexico. There are presently approximately 55 licensees in this
service. We are unable to estimate at this time the number of licensees
that would qualify as small under the SBA's small business size
standard for ``Cellular and Other Wireless Telecommunications''
services. Under that SBA small business size standard, a business is
small if it has 1,500 or fewer employees.
b. International Service Providers
16. The Commission has not developed a small business size standard
specifically for providers of international service. The appropriate
size standards under SBA rules are for the two broad census categories
of ``Satellite Telecommunications'' and ``Other Telecommunications.''
Under both categories, such a business is small if it has $13.5 million
or less in average annual receipts.
17. The first category of Satellite Telecommunications ``comprises
establishments primarily engaged in providing point-to-point
telecommunications services to other establishments in the
telecommunications and broadcasting industries by forwarding and
receiving communications signals via a system of satellites or
reselling satellite telecommunications.'' For this category, Census
Bureau data for 2002 show that there were a total of 371 firms that
operated for the entire year. Of this total, 307 firms had annual
receipts of under $10 million, and 26 firms had receipts of $10 million
to $24,999,999. Consequently, we estimate that the majority of
Satellite Telecommunications firms are small entities that might be
affected by our action.
18. The second category of Other Telecommunications ``comprises
establishments primarily engaged in (1) providing specialized
telecommunications applications, such as satellite tracking,
communications telemetry, and radar station operations; or (2)
providing satellite terminal stations and associated facilities
operationally connected with one or more terrestrial communications
systems and capable of transmitting telecommunications to or receiving
telecommunications from satellite systems.'' For this category, Census
Bureau data for 2002 show that there were a total of 332 firms that
operated for the entire year. Of this total, 303 firms had annual
receipts of under $10 million and 15 firms had annual receipts of $10
million to $24,999,999. Consequently, we estimate that the majority of
Other Telecommunications firms are small entities that might be
affected by our action.
c. Equipment Manufacturers
19. Wireless Communications Equipment Manufacturing. The Census
Bureau defines this category as follows: ``This industry comprises
establishments primarily engaged in manufacturing radio and television
broadcast and wireless communications equipment. Examples of products
made by these establishments are: transmitting and receiving antennas,
cable television equipment, GPS equipment, pagers, cellular phones,
mobile communications equipment, and radio and television studio and
broadcasting equipment.'' The SBA has developed a small business size
standard for Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing, which is: all such firms having
750 or fewer employees. According to Census Bureau data for 2002, there
were a total of 1,041 establishments in this category that operated for
the entire year. Of this total, 1,010 had employment of under 500, and
an additional 13 had employment of 500 to 999. Thus, under this size
standard, the majority of firms can be considered small.
20. Semiconductor and Related Device Manufacturing. These
establishments manufacture ``computer storage devices that allow the
storage and retrieval of data from a phase change, magnetic, optical,
or magnetic/optical media.'' The SBA has developed a small business
size standard for this category of manufacturing; that size standard is
500 or fewer employees. According to Census Bureau data for 1997, there
were 1,082 establishments in this category that operated for the entire
year. Of these, 987 had employment of under 500, and 52 establishments
had employment of 500 to 999.
21. Computer Storage Device Manufacturing. These establishments
manufacture ``computer storage devices that allow the storage and
retrieval of data from a phase change, magnetic, optical, or magnetic/
optical media.'' The SBA has developed a small business size standard
for this category of manufacturing; that size standard is 1,000 or
fewer employees. According to Census Bureau data for 1997, there were
209 establishments in this category that operated for the entire year.
Of these, 197 had employment of under 500, and eight establishments had
employment of 500 to 999.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
22. The Public Notice seeks comment broadly on APCO, NENA, AT&T,
Sprint Nextel Corporation, and Verizon Wireless' proposals, and on any
other alternative approaches, to best ensure that public safety
answering points (PSAPs) receive location information that is as
accurate as possible for all wireless E911 calls. APCO, NENA, AT&T,
Sprint Nextel Corporation, and Verizon Wireless propose requiring
measurement of location accuracy compliance at the county level rather
than PSAP level; certain modifications to the compliance levels set
forth in rules section 20.18(h).
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,
specifically
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small business 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) and exemption from
coverage of the rule, or any part thereof, for small entities.''
24. The Public Notice seeks comment on the relative merits of APCO,
NENA, AT&T, Sprint Nextel Corporation, and Verizon Wireless' proposals.
To assist in the analysis, commenters are requested to provide
information regarding how small entities would be affected if the
Commission were to adopt APCO, NENA, AT&T, Sprint Nextel Corporation,
and Verizon Wireless' proposals, or any alternative proposals offered
by other commenters. Commenters should also provide information on
alternative approaches to alleviate any potential burdens on small
entities.
Federal Communications Commission.
Thomas J. Beers,
Division Chief, Policy Public Safety and Homeland Security Bureau.
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[FR Doc. E8-22645 Filed 9-24-08; 8:45 am]
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