[Federal Register Volume 76, Number 82 (Thursday, April 28, 2011)]
[Rules and Regulations]
[Pages 23713-23714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10229]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[PS Docket No. 07-114; FCC 10-176]


Wireless E911 Location Accuracy Requirements

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection requirements contained in regulations 
concerning wireless E911 location accuracy requirements. The 
information collection requirements were approved on March 30, 2011 by 
OMB.

DATES: The amendments to 47 CFR 20.18(h)(1)(vi), (h)(2)(iii), and 
(h)(3) published at 75 FR 70604, November 18, 2010, are effective on 
April 28, 2011.

FOR FURTHER INFORMATION CONTACT: For additional information, please 
contact [email protected] or on (202) 418-2413.

SUPPLEMENTARY INFORMATION: On November 18, 2010 at 75 FR 70604, the 
Commission published in the Federal Register the summary of the Second 
Report and Order (2nd R&O) in PS Docket No. 07-114; FCC 10-176. In the 
2nd R&O, Commission amended 47 CFR 20.18(h) to require wireless 
licensees subject to standards for wireless Enhanced 911 (E911) Phase 
II location accuracy and reliability to satisfy these standards at 
either a county-based or Public Safety Answering Point (PSAP)-based 
geographic level. The Commission took this step to ensure an 
appropriate and consistent compliance methodology with respect to 
location accuracy standards. In the notice at 75 FR 70604, the 
Commission announced that the amended rule is effective January 18, 
2011, except for Sec. Sec.  20.18(h)(1)(vi), 20.18(h)(2)(iii), and 
20.18(h)(3), which contain information collection requirements that 
have not been approved by OMB. The

[[Page 23714]]

Commission also announced that it would publish a document in the 
Federal Register announcing the effective date. The Commission's 
estimate of burden hours for the information collection approved by OMB 
also considers the potential filing of waiver requests to provide the 
Commission and the public safety community, including public safety 
organizations and State and local jurisdiction and PSAPs, awareness of 
the wireless carriers and SSPs that are experiencing an inability to 
comply with the amended location accuracy requirements. In the 2ndR&O, 
the Commission declined to adopt any changes to the Commission's 
existing waiver criteria, which it found have been sufficient to date 
in addressing particular circumstances on a case-by-case basis and 
remain available to all carriers. Further, the Commission expected that 
the rule changes allowing for handset-based and network-based carriers 
to claim exclusions based on the specified limitations should minimize 
the need for waiver relief.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received OMB 
approval on March 30, 2011, for the information collection requirements 
contained in 47 CFR 20.18(h). Under 5 CFR 1320, an agency may not 
conduct or sponsor a collection of information unless it displays a 
current, 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 
that does not display a valid OMB Control Number. The OMB Control 
Number is 3060-1147 and the total annual reporting burdens for 
respondents for this information collection are as follows:
    OMB Control Number: 3060-1147.
    Title: Wireless E911 Location Accuracy Requirements.
    OMB Approval Date: March 30, 2011.
    OMB Expiration Date: March 31, 2014.
    Form No.: N/A.
    Type of Review: New collection (Request for a new OMB Control 
Number).
    Respondents: Business or other for-profit.
    Number of Respondents: 6,000 respondents; 13,700 responses.
    Estimated Time per Response: 11.85 hours (average).
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Mandatory. Total Annual Burden: 71,100 
hours.
    Total Annual Cost: N/A.
    Privacy Act Impact Assessment: N/A.
    Nature and Extent of Confidentiality: No confidentiality is 
required for this collection.
    Needs and Uses: Pursuant to 47 CFR 20.18(h)(1)(vi), wireless 
carriers using network-based technologies to provide Enhanced 911 
(E911) Phase II service may exclude from compliance with the 
Commission's amended location accuracy standards under 47 CFR 
20.18(h)(1)(i)-(v) particular counties, or portions of counties, where 
triangulation is not technically possible, such as locations where at 
least three cell sites are not sufficiently visible to a handset. 
However, carriers must file a list of the specific counties or portions 
of counties where they are utilizing this exclusion within 90 days 
following approval from the Office of Management and Budget for the 
related information collection. This list must be submitted 
electronically into PS Docket No. 07-114, and copies must be sent to 
the National Emergency Number Association, the Association of Public-
Safety Communications Officials-International, and the National 
Association of State 9-1-1 Administrators. Further, carriers must 
submit in the same manner any changes to their exclusion lists within 
thirty days of discovering such changes. This exclusion will sunset 
eight years after January 18, 2011.
    Pursuant to 47 CFR 20.18(h)(2)(iii), wireless carriers wireless 
carriers using handset-based technologies to provide Enhanced 911 
(E911) Phase II service must file a list of the specific counties or 
PSAP service areas where they are utilizing an exclusion under 47 CFR 
20.18(h)(2)(i)-(ii) to exclude 15 percent of counties or PSAP service 
areas from the 150 meter requirement based upon heavy forestation that 
limits handset-based technology accuracy in those counties or PSAP 
service areas. Such carriers must file the list within 90 days 
following approval from the Office of Management and Budget for the 
related information collection. This list must be submitted 
electronically into PS Docket No. 07-114, and copies must be sent to 
the National Emergency Number Association, the Association of Public-
Safety Communications Officials-International, and the National 
Association of State 9-1-1 Administrators. Further, carriers must 
submit in the same manner any changes to their exclusion lists within 
thirty days of discovering such changes.
    Pursuant to 47 CFR 20.18(h)(3), two years after January 18, 2011, 
all carriers subject to this section shall be required to provide 
confidence and uncertainty data on a per-call basis upon the request of 
a PSAP. Once a carrier has established baseline confidence and 
uncertainty levels in a county or PSAP service area, ongoing accuracy 
shall be monitored based on the trending of uncertainty data and 
additional testing shall not be required. All entities responsible for 
transporting confidence and uncertainty between wireless carriers and 
PSAPs, including LECs, CLECs, owners of E911 networks, and emergency 
service providers (collectively, System Service Providers (SSPs)) must 
implement any modifications that will enable the transmission of 
confidence and uncertainty data provided by wireless carriers to the 
requesting PSAP. If an SSP does not pass confidence and uncertainty 
data to PSAPs, the SSP has the burden of proving that it is technically 
infeasible for it to provide such data.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011-10229 Filed 4-27-11; 8:45 am]
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