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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                )
                                )
Cingular Wireless LLC           )     File No. EB-02-TS-003
                                )     NAL/Acct.          No. 

200232100001
                                )     FRN 0004-9792-33
                                      

                            ORDER

Adopted:  May 2, 2002                   Released:    May  9, 

2002  

By the Commission:  Chairman Powell and Commissioners 
Abernathy, Copps and Martin issuing
                                   a joint statement.

     1.   In  this   Order,  we   adopt  a   Consent  Decree 
terminating  an investigation  into  possible violations  by 
Cingular  Wireless LLC  (``Cingular'') of  the enhanced  911 
(E911)  Phase   II  provisions  of  Section   20.18  of  the 
Commission's Rules (``Rules'').1

     2.   The  Commission and  Cingular have  negotiated the 
terms of a Consent Decree that would resolve this matter and 
terminate the  investigation.  A copy of  the Consent Decree 
is attached hereto and incorporated by reference.  

     3.   Based on the record before us, we conclude that no 
substantial  or  material  questions  of fact  exist  as  to 
whether   Cingular  possesses   the  basic   qualifications, 
including those related to character,  to hold or obtain any 
FCC license or authorization.

     4.   After reviewing  the terms of the  Consent Decree, 
we  find  that  the  public  interest  would  be  served  by 
approving   the   Consent   Decree   and   terminating   the 
investigation  into Cingular's  possible  violations of  the 
E911 Phase II provisions of Section 20.18 of the Rules.

     5.   Accordingly, IT  IS ORDERED, pursuant  to Sections 
4(i), 4(j) and 503(b) of  the Communications Act of 1934, as 
amended,2 that the attached Consent Decree IS ADOPTED.

     6.   Cingular shall make  its voluntary contribution to 
the United  States Treasury  by mailing  a check  or similar 
instrument,   payable   to   the  order   of   the   Federal 
Communications  Commission,  to the  Federal  Communications 
Commission, Forfeiture  Collection Section,  Finance Branch, 
P.O. Box  73482, Chicago, Illinois 60673-7482.   The payment 
should reference  NAL/Acct. No.  200232100001 and  FRN 0004-
9792-33.  

     7.   IT   IS  FURTHER   ORDERED  that   the  Commission 
investigation   into   the   matter  described   herein   IS 
TERMINATED.

     8.   IT  IS FURTHER  ORDERED that  the Secretary  SHALL 
SIGN the Consent Decree on behalf of the Commission.


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Marlene H. Dortch
                         Secretary

                       CONSENT DECREE

          The  Federal  Communications Commission  (``FCC'') 
and Cingular Wireless LLC (``Cingular'') hereby enter into a 
Consent Decree resolving possible  violations by Cingular of 
the E911 Phase II rules as set forth in Section 20.18 of the 
Commission's Rules.  47 C.F.R.  20.18.

                     Statement of Facts

     1.   Under Phase II of the FCC's wireless E911 rules, 
 wireless carriers are required to meet certain benchmarks 
 as of October 1, 2001.  Per referral by the Commission on 
 October 12, 2001, the Enforcement Bureau began an 
 investigation into whether Cingular was in compliance with 
 the October 1, 2001 benchmarks specified in the 
 Commission's E911 Phase II rules.
                     Terms of Settlement

     2.    For purposes of this Consent Decree the following 
 definitions shall apply:
          (a)  ``Commission'' or ``FCC'' means the Federal 
               Communications Commission;
          (b)  ``Parties'' means Cingular Wireless LLC and 
               the Commission;
          (c)  ``Cingular'' means Cingular Wireless LLC, its 
               subsidiaries, affiliates and any covered 
               carriers listed in its waiver request filed 
               on August 30, 2001, and any successors or 
               assigns;
          (d)  ``Adopting Order'' means an order of the FCC 
               adopting this Consent Decree;
          (e)  ``Effective Date'' means the date on which 
               the FCC releases the Adopting Order;
          (f)  ``Final Order'' means the status of the 
               Adopting Order after the period for 
               administrative and judicial review has 
               lapsed;
          (g)  ``Rules'' means the Commission's regulations 
               found in Title 47 of the Code of Federal 
               Regulations;
          (h)  ``Act'' means the Communications Act of 1934, 
               as amended, 47 U.S.C.  151 et seq.
          (i)  ``Valid PSAP Request'' means a  Public Safety 
               Answering Point (``PSAP'') request for Phase 
               I or Phase II service as defined in the 
               Commission's rules governing E911 and any 
               orders of the Commission interpreting such 
               rules.

     3.   The Parties agree that the provisions of this 
 Consent Decree shall be subject to final approval by the 
 FCC by incorporation of such provisions by reference in an 
 Adopting Order.
     4.   The Parties agree that this Consent Decree shall 
 become effective on the date on which the FCC releases the 
 Adopting Order.  Upon release, the Adopting Order and this 
 Consent Decree shall have the same force and effect as any 
 other order of the Commission and any violation of the 
 terms of this Consent Decree shall constitute a violation 
 of a Commission order, entitling the FCC to exercise any 
 and all rights and to seek any and all remedies authorized 
 by law for the enforcement of a Commission order.
     5.   Cingular agrees that the FCC has jurisdiction over 
 the matters contained in this Consent Decree and the 
 authority to enter into and adopt this Consent Decree.
     6.   The Parties agree and acknowledge that this 
 Consent Decree shall constitute a final settlement between 
 Cingular and the FCC regarding possible violations of the 
 E911 Phase II network rules for its Time Division Multiple 
 Access (``TDMA''), Advanced Mobile Phone Service 
 (``AMPS''), and TDMA/AMPS networks.  In consideration for 
 termination by the Commission of its investigation into 
 whether Cingular has violated the E911 Phase II rules for 
 its TDMA, AMPS, and TDMA/AMPS networks, and in accordance 
 with the terms of this Consent Decree, Cingular agrees to 
 the terms set forth herein.
     7.   In express reliance on the covenants and 
 representations in this Consent Decree, the FCC agrees to 
 terminate its investigation without any finding of 
 liability on the part of Cingular.
     8.   Cingular agrees to comply with E911 Phase II rules 
 modified as follows:
          (a)  First, Cingular agrees:

               (1)  To   deploy   a   Phase   II   compliant 
                  technology at  a  minimum  of  1,000  cell 
                  sites by November 15, 2002.

               (2)  To   deploy   a   Phase   II   compliant 
                  technology at  a  minimum  of  2,000  cell 
                  sites and provide Phase II  service at all 
                  these sites by December 31, 2002.

               (3)  To   deploy   a   Phase   II   compliant 
                  technology at  a  minimum  of  4,000  cell 
                  sites and provide Phase II  service at all 
                  these sites by June 30, 2003.

               (4)  To   deploy   a   Phase   II   compliant 
                  technology at  a  minimum  of  6,000  cell 
                  sites by December  31, 2003,  if necessary 
                  to meet a  PSAP request pending  more than 
                  six months as of that date. 

               (5)  To   deploy   a   Phase   II   compliant 
                  technology at  a  minimum  of  8,000  cell 
                  sites by  June 30,  2004, if  necessary to 
                  meet a PSAP request pending  more than six 
                  months as of that date. 

               (6)  For any valid PSAP requests for Phase II 
                  compliant service  on its  TDMA, AMPS,  or 
                  TDMA/AMPS network received by  Cingular on 
                  or before  June  30,  2001, Cingular  must 
                  provide its Phase II  compliant service to 
                  100% of  those  PSAPs'  coverage areas  by 
                  April 1, 2003.3  

               (7)  For any valid PSAP requests for Phase II 
                  compliant service  on its  TDMA, AMPS,  or 
                  TDMA/AMPS  network  received  by  Cingular 
                  after June  30,  2001,  but on  or  before 
                  February 28,  2002, Cingular  must provide 
                  its Phase II compliant service  to 100% of 
                  those PSAPs'  coverage areas  by April  1, 
                  2003.

               (8)  For valid  PSAP requests  received after 
                  February  28,  2002,  but   on  or  before 
                  September 30, 2002, Cingular  must provide 
                  its Phase II  compliant service to  50% of 
                  those PSAPs'  coverage areas  by April  1, 
                  2003, and to 100% of those PSAPs' coverage 
                  areas by November 30, 2003.  

               (9)  For valid  PSAP requests  received after 
                  September 30, 2002, Cingular  must provide 
                  its Phase II  compliant service to  50% of 
                  those PSAPs'  coverage  areas  within  six 
                  months of receipt  of such request  and to 
                  100% of those PSAPs' coverage areas within 
                  15 months of receipt of a PSAP request. 

          (b)  Second,    Cingular     agrees    that    its 
classification  of  a  PSAP  request  as  invalid  will  not 
insulate  it  from  enforcement  action  if  the  Commission 
determines that the request was valid.  

          (c)  Third, Cingular states that  it is relying on 
vendor  representations   in  agreeing  to   the  deployment 
schedule set forth herein and  for its belief that a network 
based  solution  will   satisfy  the  Commission's  accuracy 
requirements.

                   (d)   Fourth, Cingular agrees that in the 
event  it fails  to comply  with any  of the  benchmarks set 
forth  in paragraph  8(a)(1)  through (5),  it  will make  a 
voluntary contribution to the  United States Treasury in the 
amount of $300,000 for  the first missed benchmark, $600,000 
for the second missed benchmark and $1,200,000 for the third 
missed  benchmark and  any  subsequently missed  benchmarks.  
Any such voluntary contribution will  be made within 30 days 
of  the missed  benchmark or  within  5 business  days of  a 
Commission  decision   denying  a  request  to   modify  the 
benchmark date,  whichever is later,  by mailing a  check or 
similar  instrument, payable  to  the order  of the  Federal 
Communications  Commission,  to the  Federal  Communications 
Commission, Forfeiture  Collection Section,  Finance Branch, 
P.O. Box  73482, Chicago, Illinois 60673-7482.   The payment 
should  reference NAL/Acct.  No.  200232100001,  as well  as 
Cingular's FCC Registration Number (``FRN'') 0004-9792-33.  

          (e)  Fifth, Cingular must  file Quarterly Reports, 
on  its compliance  with the  terms and  conditions of  this 
Consent Decree and the wireless  E911 rules, as set forth in 
paragraphs 9-10 below.

          (f)  Sixth,  with  its  August 1,  2002  Quarterly 
Report, Cingular  must submit  a Phase II  compliant rollout 
plan  describing how  it will  prioritize PSAP  requests and 
deploy  Phase  II  compliant  service  in  TDMA,  AMPS,  and 
TDMA/AMPS markets.

          (g)  Seventh,  Cingular  represents  that  it  has 
completed it  Lucent switch  upgrades by  April 1,  2002 and 
agrees that  it must complete  all other switch  upgrades by 
August 1, 2002.

     9.   To assist in monitoring and enforcing each of the 
 conditions imposed on Cingular, Cingular must file 
 Quarterly Reports with the Chief of the Enforcement Bureau 
 and the Chief of the Wireless Telecommunications Bureau.4  
     10.  Specifically, the Quarterly Reports must contain 
 the following information:
          (a)  The  Report must  include information  on all 
pending Phase  I and  Phase II requests  in TDMA,  AMPS, and 
TDMA/AMPS markets, including the name  of the PSAP, the date 
the  request  was  received  by  Cingular,  whether  or  not 
Cingular considers it valid, and  its status.  To the extent 
any PSAP  request for Phase II  service in a TDMA,  AMPS, or 
TDMA/AMPS market received after  September 30, 2002 has been 
pending for more than six months, Cingular must identify the 
specific  reasons  underlying  the failure  to  provide  the 
requested service,  the steps Cingular has  taken to resolve 
the problem(s), and the  anticipated date of full completion 
of the  work necessary to deliver  the requested information 
to the  PSAP in  question.  If  Cingular believes  there are 
questions concerning a PSAP's compliance with the conditions 
necessary for  a valid Phase  I or  II request, such  as its 
readiness  to  receive  and  utilize Phase  I  or  Phase  II 
information,  it should  identify specifically  the question 
and   the  efforts   it   has   undertaken,  including   the 
communications  it has  had with  the PSAP,  to resolve  the 
question.   Cingular  agrees to  serve  this  report on  the 
Association   of  Public-Safety   Communications  Officials-
International,   Inc.,   the   National   Emergency   Number 
Association and  the National Association of  State Nine One 
One Administrators.5  In addition,  the Commission will post 
this information  on its  website.6  The parties  agree that 
the  Wireless  Telecommunications  Bureau  may  require  any 
additional  steps necessary  to ensure  PSAP access  to this 
information.  

          (b)  Each  Quarterly  Report   also  must  contain 
                    statements  regarding  whether  Cingular 
                    has met each deployment benchmark in its 
                    TDMA,  AMPS, and  TDMA/AMPS markets  and 
                    any other  condition falling due  in the 
                    period    immediately   preceding    the 
                    Quarterly  Report,  and,   if  not,  the 
                    reasons  for  its   failure  to  comply.  
                    These benchmarks  and conditions include 
                    the following:   

               (1)  a statement of  whether Cingular's Phase 
                  II service meets the  accuracy requirement 
                  of 100 meters for 67 percent  of calls and 
                  300 meters for 95 percent of calls; 

               (2)  for   August   1,  2002   benchmark,   a 
                  statement   of   whether    Cingular   has 
                  completed its switch upgrades; 

               (3)  for the  November 15, 2002  benchmark, a 
                  statement of whether Cingular has deployed 
                  a Phase II  compliant technology  at 1,000 
                  cell sites;

               (4)  for the  December 31, 2002  benchmark, a 
                  statement of whether Cingular has deployed 
                  a Phase II  compliant technology  at 2,000 
                  cell  sites   and   whether  Cingular   is 
                  providing Phase II service at these sites;

               (5)  for  the  April  1, 2003  benchmarks,  a 
                  statement of  whether  (i)  for any  valid 
                  PSAP requests for Phase II  service on its 
                  TDMA  or  TDMA/AMPS  network  received  by 
                  Cingular on or  before February  28, 2002, 
                  Cingular  has   provided   its  Phase   II 
                  compliant service to 100%  of those PSAPs' 
                  coverage areas or population; and (ii) for 
                  any  valid  PSAP  request   for  Phase  II 
                  service on its  TDMA or  TDMA/AMPS network 
                  received by  Cingular  after February  28, 
                  2002, but on or before September 30, 2002, 
                  Cingular  has   provided   its  Phase   II 
                  compliant service to  50% of  those PSAPs' 
                  coverage areas or population.

               (6)  for  the  June  30,  2003  benchmark,  a 
                  statement of whether Cingular has deployed 
                  a compliant Phase  II technology  at 4,000 
                  cell sites;

               (7)  for the  November 30, 2003  benchmark, a 
                  statement of whether,  for any  valid PSAP 
                  requests for Phase II service  on its TDMA 
                  or TDMA/AMPS network received  by Cingular 
                  after February 28, 2002, but  on or before 
                  September 30, 2002, Cingular  has provided 
                  its Phase II compliant service  to 100% of 
                  those PSAPs' coverage areas or population; 

               (8)  for the  December 31, 2003  benchmark, a 
                  statement of whether Cingular has deployed 
                  a compliant Phase  II technology  at 6,000 
                  cell sites;

               (9)  for  the  June  30,  2004  benchmark,  a 
                  statement of whether Cingular has deployed 
                  a compliant Phase  II technology  at 8,000 
                  cell sites;

               (10)         For  any   valid  PSAP   request 
                  received  after  September  30,   2002,  a 
                  statement of whether Cingular has provided 
                  its Phase II  compliant service to  50% of 
                  those PSAPs' coverage areas  or population 
                  within  six  months  of   receipt  of  the 
                  request  and  to  100%   of  those  PSAPs' 
                  coverage areas  or  population  within  15 
                  months of receipt of the request.

          (c)  Cingular must support each Quarterly Report 
                    with an affidavit or declaration, from 
                    an officer or director of Cingular, 
                    attesting to the truth and accuracy of 
                    the Report.7
          (d)  To the extent  that Cingular anticipates that 
                    it will  fail to satisfy any  one of the 
                    conditions,    it   must    advise   the 
                    Commission  of   the  problem.   Seeking 
                    relief  from  that  condition  will  not 
                    insulate    Cingular    from    possible 
                    enforcement in cases  where Cingular has 
                    violated  a  condition of  this  Consent 
                    Decree.    Cingular   agrees  that   the 
                    Commission  will not  entertain requests 
                    for additional relief  that seek changes 
                    in the conditions  imposed herein absent 
                    extraordinary circumstances.

          (e)  To the extent Cingular cannot provide the 
                    information required under this 
                    paragraph in its next Quarterly Report 
                    following the respective benchmark, it 
                    must file with the Chief, Enforcement 
                    Bureau, a request for extension of time 
                    to file the required information.  Such 
                    request must be filed as early as 
                    possible before the Quarterly Report 
                    filing date, but not later than 10 
                    business days prior to the Quarterly 
                    Report filing date.  The request must 
                    specify the reasons for the request.
          (f)  Cingular's Quarterly Reports are due February 
                    1, May 1, August 1, and November 1 of 
                    each year, beginning August 1, 2002 and 
                    continuing through February 1, 2006.  To 
                    the extent that Cingular cannot provide 
                    any of the information required in its 
                    final report, it must file with the 
                    Chief, Enforcement Bureau, a request for 
                    extension of time to file the required 
                    information in accordance with the 
                    procedures set forth above.
     11.  To the extent unexpected problems arise affecting 
 Cingular's ability to perform any of the requirements set 
 forth in paragraph 8(a) in the period between Quarterly 
 Reports, Cingular agrees to notify the Commission in 
 writing through a supplementary filing to be filed within 
 30 days of Cingular's discovery of the problem.  This 
 supplemental filing must include specific details regarding 
 the problems Cingular has encountered affecting its ability 
 to comply with the benchmark requirements.
     12.  The Parties agree that the Chiefs of the Wireless 
 Telecommunications Bureau and the Enforcement Bureau may 
 require Cingular to provide additional information in its 
 Quarterly Reports, in order to evaluate Cingular's 
 compliance with the terms and conditions of the Consent 
 Decree, and its progress in deploying Phase I and Phase II 
 services.
     13.  Cingular agrees that it is required to comply with 
 each individual condition of this Consent Decree, including 
 the reporting requirements set forth above.  Each specific 
 benchmark and Quarterly Report is a separate condition of 
 the Consent Decree as approved.  In addition, Cingular 
 remains subject to all other requirements of the 
 Commission's wireless E911 rules apart from those 
 specifically modified in this Consent Decree, and 
 ultimately responsible for providing timely, compliant 
 Phase II service.  To the extent that Cingular fails to 
 satisfy any condition or Commission rule, in the absence of 
 Commission alteration of the condition or rule, it will be 
 deemed noncompliant and referred to the Commission's 
 Enforcement Bureau for possible action, including but not 
 limited to revocation of the relief, a requirement to 
 deploy an alternative ALI technology, letters of 
 admonishment or forfeitures.  At that time, an assertion 
 that a vendor, manufacturer, or other entity was unable to 
 supply compliant products will not excuse noncompliance.  
 However, Cingular's ``concrete and timely'' actions taken 
 with a vendor, manufacturer, or other entity may be 
 considered as possible mitigation factors in such an 
 enforcement context.  To the extent the Commission, in the 
 context of petitions for reconsideration pending in 
 Revision of the Commission's Rules to Ensure Compatibility 
 with Enhanced 911 Emergency Calling Systems, Request for 
 Waiver by Nextel Communications, Inc., 16 FCC Rcd 18277 
 (2001), Revision of the Commission's Rules to Ensure 
 Compatibility with Enhanced 911 Emergency Calling Systems, 
 Request for Waiver by Cingular Wireless LLC, 16 FCC Rcd 
 18305 (2001), or Revision of the Commission's Rules to 
 Ensure Compatibility with Enhanced 911 Emergency Calling 
 Systems, Request for Waiver by Verizon Wireless, 16 FCC Rcd 
 18364 (2001), or in connection with any court order on 
 review of those proceedings, imposes a standard regarding 
 compliance and enforcement action that is different than 
 set forth in this Consent Decree, that subsequent standard 
 shall apply.
     14.  Cingular agrees to make a voluntary contribution 
 to the United States Treasury in the amount of One Hundred 
 Thousand Dollars ($100,000) within thirty (30) days after 
 the effective date of the Adopting Order.  Cingular will 
 make this contribution without further protest or recourse 
 by mailing a check or similar instrument, payable to the 
 order of the Federal Communications Commission, to the 
 Federal Communications Commission, Forfeiture Collection 
 Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 
 60673-7482.  The payment should reference NAL/Acct. No. 
 200232100001, as well as Cingular's FCC Registration Number 
 (``FRN'') 0004-9792-33.
     15.  The FCC agrees that it will not institute, on its 
 own motion, any new proceeding, formal or informal, or take 
 any action on its own motion against Cingular for violation 
 of the E911 Phase II rules for its TDMA, AMPS, and 
 TDMA/AMPS networks except as consistent with the provisions 
 of this Consent Decree.  The FCC also agrees that, in the 
 absence of material new evidence related to this matter, it 
 will not use the facts developed in this proceeding through 
 the date of this Consent Decree or the existence of this 
 Consent Decree to institute on its own motion any 
 proceeding, formal or informal, or take any action on its 
 own motion against Cingular with respect to its basic 
 qualifications, including the character qualifications, to 
 be a Commission licensee.  Nothing in this Consent Decree 
 shall prevent the FCC from instituting new investigations 
 or enforcement proceedings against Cingular pursuant to 
 Sections 4(i), 403 and 503 of the Act, 47 U.S.C.  4(i), 
 403 and 503, in the event of any alleged future misconduct 
 for violation of this Consent Decree or for violation of 
 the E911 Phase II rules as consistent with the provisions 
 of this Consent Decree.
     16.  Nothing in this Consent Decree shall prevent the 
 FCC from adjudicating complaints filed pursuant to Section 
 208 of the Act, 47 U.S.C.  208, against Cingular or its 
 subsidiaries for alleged violations of Section 20.18 of the 
 Rules, or for any other type of alleged misconduct, 
 regardless of when such misconduct took place.  If any such 
 complaint is made, the FCC's adjudication of that complaint 
 will be based solely on the record developed in that 
 proceeding. 
     17.  Cingular waives any and all rights it may have to 
 seek administrative or judicial reconsideration, review, 
 appeal or stay, or to otherwise challenge or contest the 
 validity of this Consent Decree and the Adopting Order, 
 provided the Adopting Order adopts the Consent Decree 
 without change, addition or modification.
     18.  If either Party (or the United States on behalf of 
 the FCC) brings a judicial action to enforce the terms of 
 the Adopting Order, neither Cingular nor the FCC shall 
 contest the continuing validity of the Consent Decree or 
 Adopting Order.  Cingular retains the right to challenge 
 the Commission's interpretation of the Consent Decree or 
 any terms contained therein.
     19.  Cingular agrees to waive any claims it may 
 otherwise have under the Equal Access to Justice Act, 5 
 U.S.C.  504 and 47 C.F.R.  1.1501 et seq., relating to 
 the matters discussed in this Consent Decree.
     20.  In the event that this Consent Decree is rendered 
 invalid by any court of competent jurisdiction, this 
 Consent Decree shall become null and void and may not be 
 used in any manner in any legal proceeding.
     21.  The Parties agree that this Consent Decree does 
 not constitute either an adjudication on the merits or a 
 factual or legal finding or determination regarding any 
 compliance or noncompliance with the requirements of the 
 Act and the Rules, including Section 20.18 of the Rules.  
 The Parties agree that this Consent Decree is for 
 settlement purposes only and that by agreeing to this 
 Consent Decree, Cingular does not admit any liability for 
 violating Commission rules in connection with the matters 
 that are the subject of this Consent Decree.
     22.  The Parties agree that any provision of the 
 Consent Decree that would require Cingular to act in 
 violation of a future rule or order adopted by the 
 Commission will be superseded by such Commission rule or 
 order.  
     23.  This Consent Decree may be signed in counterparts.

For the Federal Communications Commission    For Cingular 
Wireless LLC


______________________________               
______________________________
Marlene H. Dortch                       J.R. Carbonell
Secretary                          Senior Vice President and 
                                   General Counsel-
                              Regulatory and Legal
                                             
______________________________               
______________________________
Date                               Date                     JOINT STATEMENT OF 
  CHAIRMAN MICHAEL K. POWELL AND COMMISSIONERS KATHLEEN Q. 
       ABERNATHY, MICHAEL J. COPPS AND KEVIN J. MARTIN  


RE:  Cingular Wireless LLC.

     We support today's Order adopting a Consent Decree 
terminating the investigation into possible violations of 
the Commission's Phase II E911 rules by Cingular Wireless.  
It is critically important that all the participants in our 
quest for full Phase II E911 compliance do their part to 
move forward in protecting American consumers.  For carriers 
this means meeting the benchmarks and deadlines set by the 
Commission.  For Public Safety Answering Points this means 
equipping facilities so that they are prepared to receive 
Phase II information as quickly as possible.  For the 
Commission this means enforcing our mandates.

     In order to meet our responsibility the Commission must 
therefore be consistent and steadfast, as we have been here.  
We commend the Enforcement Bureau and Cingular Wireless for 
their hard work in negotiating a consent decree that will 
accelerate the pace of American consumers receiving the 
public safety benefits of Phase II E911.  We also want to 
thank the public safety community for their ongoing input on 
E911 implementation, which has been invaluable at every 
stage of this process.



_________________________

   1 47 C.F.R.  20.18.

   2 47 U.S.C.  154(i), 154(j) and 503(b).

   3 In  this  regard, Cingular  agrees  that  its Phase  II 
service must be compliant with 47 C.F.R.  20.18.

   4 To  the extent  Cingular believes  any of  the required 
information  is  proprietary,  it  may file  a  request  for 
confidential treatment  pursuant to  47 C.F.R.   0.459.  If 
confidential treatment  is sought, redacted versions  of the 
reports  still must  be served  as required  by the  Consent 
Decree.

   5 Cingular should  serve the  Executive Director  of each 
organization  as well  as its  counsel, to  the extent  such 
counsel has  been identified  in the  record in  response to 
Cingular's request for relief.

   6 See www.fcc.gov/e911.

   7  See  47  C.F.R.    1.16.    As  required  by  Section 
20.18(h)(1) of  the Commission's Rules,  Cingular's network-
based  technology  for  delivering E911  Phase  II  location 
information must  meet the following standards  for location 
accuracy:  100  meters for 67  percent of calls,  300 meters 
for 95 percent of calls.   Cingular will derive its network-
wide location  accuracy by selecting  the 67 percent  and 95 
percent accuracy numbers from a set of test data weighted in 
accordance with OET Bulletin  No. 71, Guidelines for Testing 
and  Verifying  the  Accuracy   of  Wireless  E911  Location 
Systems, Apr. 12, 2000.