Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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


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


                              ORDER

   Adopted:  May 23, 2003               Released:  May 23, 2003

By the Chief, Enforcement Bureau:

                         I.   INTRODUCTION

     1.   In this Order, we address  a request filed by  Cingular 
Wireless LLC (``Cingular'') to clarify  the terms of the  consent 
decree under which it agreed to deploy an enhanced 911 (``E911'') 
Phase II compliant technology  at a minimum  of 2,000 cell  sites 
and provide Phase II service by December 31, 2002 at all of these 
sites, on its Time Division Multiple Access (``TDMA''),  Advanced 
Mobile  Phone  Service   (``AMPS''),  and  TDMA/AMPS   networks.1  
Cingular also requests that we  modify the December 31, 2002  and 
June 30, 2003 benchmarks  set forth in  the consent decree.   For 
the reasons that follow, we conclude that Cingular satisfied  the 
December 31, 2002 benchmark.  

                          II.  BACKGROUND

     2.   Under Phase  II  of  the  FCC's  wireless  E911  rules, 
wireless carriers  are  required  to provide  to  the  designated 
Public Safety Answering Point (``PSAP'') the location of wireless 
911  callers,   a   capability  known   as   Automatic   Location 
Identification (``ALI''),  using handset-based  or  network-based 
location technologies.2   The  rules provide  that  handset-based 
location technologies must provide  the location of wireless  911 
calls with an accuracy of 50  meters for 67 percent of calls  and 
150 meters for 95 percent  of calls.3  Carriers using a  handset-
based  solution  must   meet  certain   interim  benchmarks   for 
activating handsets with  location capability,4  and must  ensure 
that 95 percent of their customers have location-capable handsets 
no later  than  December  31, 2005.5   For  carriers  choosing  a 
network-based solution,  the rules  provide that  the  technology 
must report the location of  wireless 911 calls with an  accuracy 
of 100  meters for  67 percent  of calls  and 300  meters for  95 
percent of calls.6  A carrier using a network-based solution must 
provide ALI to 50 percent of its coverage area, or 50 percent  of 
its population, beginning on October 1, 2001 or within six months 
of a PSAP  request, whichever  is later,  and to  100 percent  of 
callers within 18 months of that  request or by October 1,  2002, 
whichever is later.    

     3.   On May 9, 2002, the Commission adopted a consent decree 
terminating the Enforcement Bureau's investigation into  possible 
violations by Cingular of the E911 Phase II rules.7  Pursuant  to 
the consent decree,  Cingular agreed to  a specific timeline  for 
deployment of a  network-based location technology  on its  TDMA, 
AMPS, and TDMA/AMPS networks.   Paragraph 8(a)(2) of the  consent 
decree  required  Cingular  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, 2002.8  Cingular  is 
subject to a $300,000 automatic penalty  if it fails to meet  the 
benchmark.9  

     4.   On December  23,  2002,  Cingular filed  a  request  to 
clarify the  December  31,  2002  benchmark  and  to  modify  the 
December 31,  2002  and  June 30,  2003  benchmarks.10   In  this 
request, Cingular indicated that, as of December 23, 2002, it had 
deployed a Phase II compliant technology at more than 2,400  cell 
sites.  Cingular claimed that, due  to PSAP readiness issues,  it 
was possible that  ``a number  of PSAPs''  associated with  those 
sites would be unable to  receive Phase II location  information.  
Cingular stated that these PSAPS were unable to engage in end-to-
end testing  of  the  Phase  II  solution  because  of  readiness 
problems including  a lack  of  upgraded PSAP  customer  premises 
equipment (``CPE'') and improper connectivity between the  PSAP's 
ALI database and  CPE.  Thus, Cingular  claimed that although  it 
was capable of supplying Phase II location information within the 
coverage area of commissioned sites, these PSAPs would be  unable 
to receive the information.  Cingular stated that it  anticipated 
that it would be providing Phase  II data to PSAPs that are  able 
to receive and  utilize the location  information for 1,000  more 
commissioned sites  by  December 31,  2002.   Cingular  requested 
clarification that,  under its  consent decree  and the  City  of 
Richardson Reconsideration  Order,11 it  would not  be deemed  in 
violation of  its  consent  decree  because  it  was  capable  of 
providing location information  to the  ALI database  and it  had 
``completed all necessary steps  toward E911 implementation  that 
are not dependent on  PSAP readiness'' for  more than 2,000  cell 
sites prior  to December  31,  2002.12  Cingular  also  requested 
modification of  paragraph  8(a)(2)  of  its  consent  decree  to 
require it deploy a Phase II compliant technology at a minimum of 
2,000 cell sites and provide Phase  II service at 1,000 of  these 
sites by December 31, 2002.  

     5.   On January  15, 2003,  in response  to the  Enforcement 
Bureau's request, Cingular submitted certifications substantially 
consistent with the new rules  adopted in the City of  Richardson 
Reconsideration Order.13  Cingular certified  that it deployed  a 
Phase II  compliant  technology  at 2,467  cell  sites  prior  to 
December 31, 2002.   Cingular also stated  that it had  completed 
end-to-end testing and  begun providing  location information  to 
PSAPs from  1,683  of these  cell  sites.  With  respect  to  the 
remaining  784  cell  sites,  Cingular  indicated  that  it   had 
completed all steps necessary, independent of PSAP readiness,  to 
begin providing  service.   Cingular  contended  that  175  PSAPs 
served by  the 784  sites  were unable  to engage  in  end-to-end 
testing of the Phase II solution  prior to the December 31,  2002 
deadline.    

     6.   In response  to a  request for  additional  information 
from  the   Enforcement  Bureau,14   Cingular  supplemented   its 
certification filing.15  Cingular's certification filing included 
six letters from PSAPs.  In these letters, the PSAPs  acknowledge 
that they  are not  yet ready  to receive  Phase II  service  for 
various reasons and that  Cingular completed all necessary  steps 
towards E911  implementation  that  are  not  dependent  on  PSAP 
readiness.  With respect  to the 169  additional PSAPs,  Cingular 
certified that  it had  taken all  necessary steps  towards  E911 
implementation that  are  not  dependent on  PSAP  readiness  and 
documented the basis for  its conclusion that  the PSAPs are  not 
yet ready to  receive and  utilize Phase II  service.  These  175 
PSAPs account for all of the 784 commissioned sites for which  it 
was not supplying Phase II data on December 31, 2002.

                         III.   DISCUSSION

     7.   In  its  request  to  clarify  the  December  31,  2002 
benchmark, Cingular  seeks  clarification  that it  will  not  be 
deemed in violation of the  consent decree because it is  capable 
of providing location information to the ALI database and it  has 
completed all necessary steps toward E911 implementation that are 
not dependent on PSAP  readiness for more  than 2,000 cell  sites 
prior to December 31, 2002.  We deny this clarification  request.  
We think that  it is clear  that the requirement  in the  consent 
decree that Cingular ``provide Phase II service'' means that  the 
carrier must fully  integrate its Phase  II location system  with 
the PSAP and  begin delivering Phase  II location information  to 
the PSAP, which is capable  of, and actually is, receiving  Phase 
II data.

     8.   Nevertheless, after reviewing the certification  filing 
submitted by Cingular,  we conclude that  Cingular satisfied  the 
December 31, 2002 benchmark, as modified by the rules adopted  in 
the City  of Richardson  Reconsideration  Order.  Under  the  new 
certification  process  adopted   in  the   City  of   Richardson 
Reconsideration Order, a wireless carrier that has completed  all 
necessary  steps  towards  E911   implementation  that  are   not 
dependent  on  PSAP  readiness  may  have  its  E911   obligation 
temporarily tolled if the PSAP is  not ready to receive the  E911 
information at the end of the six-month implementation period and 
the carrier  files  a  certification  to  that  effect  with  the 
Commission.16  The  City of  Richardson Order  explicitly  states 
that  deadlines  to  complete  PSAP  requests  for  E911  service 
established in consent decrees negotiated between the  Commission 
and  particular  carriers  are   subject  to  the   certification 
process.17  

     9.   Paragraph  8(a)(2)  of  the  consent  decree   required 
Cingular to deploy a Phase  II compliant technology at a  minimum 
of 2,000 cell sites on its  TDMA, AMPS, or TDMA/AMPS network  and 
provide Phase II service at all these sites by December 31, 2002.  
As  of  December  31,  2002,  Cingular  had  deployed  Phase   II 
technology at 2,467 cell sites  and provided Phase II service  at 
1,683 of  these  cell sites.   Cingular  asserts that  the  PSAPs 
associated with  the remaining  784 cell  sites at  which it  had 
deployed Phase  II  technology  were not  ready  to  receive  and 
utilize Phase II location information by December 31, 2002.   The 
certification  filing   submitted  by   Cingular  supports   this 
assertion.  Cingular  provided  six letters  from  PSAPs.   These 
PSAPs acknowledge that they are not ready to receive and  utilize 
Phase II service and that Cingular completed all necessary  steps 
towards  E911  implementation  that   are  independent  of   PSAP 
readiness.  Moreover,  with  respect  to  the  other  169  PSAPs, 
Cingular certified that it had taken all necessary steps  towards 
E911 implementation that are not dependent on PSAP readiness  and 
documented the basis for  its conclusion that  the PSAPs are  not 
yet ready to receive and utilize Phase II service.  We find  that 
Cingular's certification filing  substantially complies with  the 
certification  process  adopted   in  the   City  of   Richardson 
Reconsideration Order.   Accordingly, we  conclude that  Cingular 
satisfied the December  31, 2002  benchmark, as  modified by  the 
rules adopted in the City of Richardson Reconsideration Order.18

     10.  In light of our conclusion that Cingular satisfied  the 
December 31, 2002 benchmark, as modified by the new certification 
rules, we need not address its request to clarify and modify  the 
December  31,  2002   benchmark.   We   therefore  dismiss   this 
modification request as  moot.  Cingular  makes similar  requests 
for clarification and modification with  respect to its June  30, 
2003 benchmark.   Because  we  find that  Cingular's  request  to 
modify this benchmark is premature, we dismiss this  modification 
request.

                       IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS ORDERED, that Cingular's request  to 
clarify and modify the  December 31, 2002  benchmark in the  TDMA 
Consent Decree IS DENIED  to the extent  indicated herein and  IS 
otherwise DISMISSED as moot.

     12.  IT IS  FURTHER  ORDERED,  that  Cingular's  request  to 
clarify and  modify  the June  30,  2003 benchmark  in  the  TDMA 
Consent Decree IS DISMISSED as premature.

     13.  IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent by  first class  mail and certified  mail return  receipt 
requested to Brian F. Fontes, Vice President, Federal  Relations, 
Cingular  Wireless  LLC,   1818  N  Street,   N.W.,  Suite   800, 
Washington, DC  20036, and  to Robert  G. Kirk,  Esq.,  Wilkinson 
Barker Knauer LLP, 2300 N  Street, NW, Suite 700, Washington,  DC 
20037.



                              FEDERAL COMMUNICATIONS COMMISSION



                              David H. Solomon
                              Chief, Enforcement Bureau
_________________________

1 Cingular Wireless  LLC, 16  FCC Rcd 8529,  8532 (2002)  (``TDMA 
Consent Decree'').
2 See Revision of the Commission's Rules to Ensure  Compatibility 
with Enhanced 911  Emergency Calling Systems,  CC Docket No.  94-
102, Report and Order and Further Notice of Proposed  Rulemaking, 
11 FCC Rcd 18676 (1996).
3 47 C.F.R.  20.18(h)(2).
4 See,  e.g.,  Revision  of  the  Commission's  Rules  to  Ensure 
Compatibility with  Enhanced 911  Emergency Calling  Systems,  CC 
Docket No. 94-102, Request for Waiver by Verizon Wireless, 16 FCC 
Rcd 18364 (2001)  (``Verizon Phase II  Waiver Order'');  Wireless 
E911 Phase II Implementation Plan of Nextel Communications, Inc., 
16 FCC  Rcd  18277 (2002)  (``Nextel  Phase II  Waiver  Order''); 
Request for Waiver by Sprint  Spectrum L.P. d/b/a Sprint PCS,  16 
FCC Rcd 18330 (2001) (``Sprint Phase II Waiver Order'').
5 47 C.F.R.  20.18(g)(1).
6 47 C.F.R.  20.18(h)(1).
7 TDMA Consent Decree 17 FCC Rcd at 8529.
8 Id. at 8532.
9 Id. at 8533.
10 Cingular Wireless  LLC Second Supplement  to Second  Quarterly 
E911 Implementation Report for TDMA, AMPS and TDMA/AMPS  Networks 
and Request for Clarification and Modification of Consent  Decree 
(December 23, 2002) (``Request for Clarification'').
11 Revision  of the  Commission's Rules  to Ensure  Compatibility 
with Enhanced 911 Emergency Calling Systems, Petition of City  of 
Richardson, Texas, Order  on Reconsideration, CC  Docket No.  94-
102,  17   FCC   Rcd   24282   (2002)   (``City   of   Richardson 
Reconsideration Order''), petitions for recon. pending.
12 Id. at 24285.
13 Id. at 24286.  Although the  new rules adopted in the City  of 
Richardson Reconsideration Order  had not yet  taken effect,  the 
Enforcement  Bureau   requested   that  Cingular   submit   these 
certifications in order to evaluate fully its assertion that  ``a 
number of PSAPs'' are not ready  to receive and utilize Phase  II 
data.   Because  the  rules  were  not  yet  in  effect,  certain 
procedural aspects of the rules were not relevant here.
14 Letter  from  Joseph P.  Casey,  Chief, Technical  and  Public 
Safety Division,  Enforcement Bureau,  to Brian  F. Fontes,  Vice 
President, Federal Relations, Cingular Wireless LLC (February  3, 
2003).
15 Supplement  to Cingular  Wireless LLC's  Third Quarterly  E911 
Implementation Report  for  TDMA,  AMPS  and  TDMA/AMPS  Networks 
(February 19, 2003).
16 City of Richardson Reconsideration Order, 17 FCC Rcd at 24286-
7.
17 Id. at 24287.
18 As set forth in the City of Richardson Reconsideration  Order, 
Cingular's certification filing temporarily tolls its  obligation 
to implement  Phase  II  service with  respect  to  these  PSAPs.  
Cingular must begin delivering Phase II service to each of  these 
PSAPs within 90  days after  the PSAP provides  the carrier  with 
written  notice  that  the  PSAP  is  capable  of  receiving  and 
utilizing Phase II location data.  Id. at 26287.