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                )
                                )
T-Mobile USA, Inc.              )    File No. EB-02-TS-624
Washington, D.C.                )    NAL/Acct. No. 200332100002
                                )    FRN 0006-9459-50
                                )    
                                   

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE 

Adopted:  March 4, 2003                 Released:  March 5, 2003

By the Commission:  

                        I.  INTRODUCTION

1.        In this  Notice of  Apparent Liability  for  Forfeiture 
  (``NAL''),  we find  that  T-Mobile USA,  Inc.  (``T-Mobile'')1 
  apparently failed  to provide Enhanced  911 (``E911'') Phase  I 
  services within  six months of over  450 valid requests by  the 
  designated Public Safety Answering Point (``PSAP'') in  willful 
  and repeated violation of Section 20.18(d) of the  Commission's 
  Rules (``Rules'').2  For  the reasons discussed below, we  find 
  T-Mobile apparently  liable for a forfeiture  in the amount  of 
  One Million Two Hundred Fifty Thousand Dollars ($1,250,000).   

                         II.  BACKGROUND

2.        Under Phase I of the E911 rules, wireless carriers  are 
  required  to  provide to  the  designated  PSAP  the  telephone 
  number of the originator of a 911 call and the location of  the 
  cell site or base station receiving a 911 call from any  mobile 
  handset accessing  their systems  by April 1,  1998, or  within 
  six  months  of  a  valid  request  by  the  designated   PSAP, 
  whichever  is later.3   A PSAP  request for  service is  deemed 
  valid if  the PSAP can demonstrate that  (1) a mechanism is  in 
  place  for  recovering  the PSAP's  costs;  (2)  the  PSAP  has 
  ordered the  equipment necessary  to receive and  use the  E911 
  data to  be installed no  later than six  months following  the 
  PSAP's request; and (3)  the PSAP has made a timely request  to 
  the  appropriate  LEC for  the  necessary  trunking  and  other 
  facilities,   including  any   necessary   Automatic   Location 
  Information (``ALI'') database upgrades.4

3.          In May 2002, T-Mobile  met with Commission staff  and 
  disclosed that it was  out of compliance with the Phase I  E911 
  rule.    The   Enforcement   Bureau   subsequently   began   an 
  investigation  and, on  October  11,  2002, sent  a  letter  of 
  inquiry (``LOI'')  to T-Mobile  seeking additional  information 
  concerning T-Mobile's compliance  with the Phase I E911  rule.5  
  T-Mobile responded to the LOI on November 1, 2002.6     

4.        In its LOI response, T-Mobile reported that it had  531 
  unmet PSAP requests for Phase I service that were at least  six 
  months old during the  period from May 1, 2002 through  October 
  1, 2002.  Of these 531 requests, 50 requests were for areas  in 
  which T-Mobile  was not  providing coverage.   In addition,  T-
  Mobile stated that 120 of the 531 requests have been  fulfilled 
  since  May   1,  2002,  although  it   does  not  provide   any 
  explanation for the  delay in fulfilling these requests.   With 
  respect to  170 of  the 531 PSAP  requests, T-Mobile  indicated 
  that the PSAPs are  not currently ready to receive and  utilize 
  the Phase  I location  information due to  PSAP funding  issues 
  and  implementation   problems  on   the  PSAP   side  of   the 
  demarcation point.7   Specifically, T-Mobile asserted that  116 
  requests  have  been delayed  by  the  LEC's  unwillingness  to 
  activate  the   PSAP's  Non-Call   Path  Associated   Signaling 
  (``NCAS'')  connections   due  to  insistence   on  a   ``valid 
  request''  from or  contract with  the  PSAP and/or  the  LEC's 
  inability or unwillingness  to implement the E-2 interface8  or 
  turn up service using that interface; that 45 requests  involve 
  instances  in which  the  PSAP requested  that  T-Mobile  delay 
  implementation or  place the request on  hold9 or in which  the 
  PSAP  reported   technical  problems   on  its   side  of   the 
  demarcation point;  and that  five requests  have been  delayed 
  because of  problems with  the PSAP's  funding.  T-Mobile  also 
  indicated  that there  are 191  other valid  PSAP requests  for 
  Phase I service  which remain pending.  T-Mobile asserted  that 
  some of these 191 requests have been subject to delays  outside 
  of its control, such as delays in executing service  agreements 
  and   non-disclosure  agreements   with  PSAPs,   disagreements 
  between  T-Mobile  and  PSAPs  over  whether  the  NCAS,   Call 
  Associated  Signaling  (``CAS''),  or  hybrid  CAS   (``HCAS'') 
  transmission technology would be used, delays in the  provision 
  of  trunks  by  LECs,  PSAP  non-responsiveness  to  T-Mobile's 
  requests for information, and delays where the Phase I  request 
  is superceded  by a Phase  II request.  T-Mobile  acknowledged, 
  however,   that   it   has   some   responsibility   for    the 
  implementation  delays with  respect  to its  unfulfilled  PSAP 
  requests.10

                      III.      DISCUSSION

5.        Section  20.18(d)  of   the  Rules  requires   wireless 
  carriers  to  provide to  the  designated  PSAP  the  telephone 
  number of the originator of a 911 call and the location of  the 
  cell site or base station receiving a 911 call from any  mobile 
  handset accessing  their systems  by April 1,  1998, or  within 
  six  months  of  a  valid  request  by  the  designated   PSAP, 
  whichever is  later.   The record  indicates that T-Mobile  had 
  481 PSAP  requests for Phase I service  that were at least  six 
  months old during the  period from May 1, 2002 through  October 
  1, 2002.11   T-Mobile stated  that 120 of  these requests  have 
  been fulfilled  since May  1, 2002.   Notwithstanding the  fact 
  that these 120 PSAP requests had been completed by the time  T-
  Mobile submitted its  LOI response, T-Mobile clearly failed  to 
  fulfill these  PSAP requests within six  months of the date  of 
  the  request.   T-Mobile  indicated  that  170  PSAP   requests 
  involve  PSAPs that  are not  currently  ready to  receive  and 
  utilize  Phase  I location  information  due  to  PSAP  funding 
  issues  and implementation  problems on  the PSAP  side of  the 
  demarcation point.  We are not convinced, based on the  sketchy 
  and conclusory information provided by T-Mobile,12 that all  of 
  these 170 PSAPs are not currently ready to receive and  utilize 
  Phase  I  location  information.   Further,  although  T-Mobile 
  asserted  that some  of the  remaining 191  PSAP requests  have 
  been subject  to delays outside  of its control,  based on  the 
  sketchy and  conclusory evidence provided  by T-Mobile, we  are 
  likewise  not convinced  that all  of the  delays cited  by  T-
  Mobile are in fact outside of its control.  We need not  decide 
  these issues,  however, because T-Mobile  acknowledged that  it 
  is  responsible for  some  of the  implementation  delays  with 
  respect  to  its  unfulfilled  PSAP  requests.   Moreover,  and 
  significantly, while  T-Mobile received  a waiver  of the  E911 
  Phase  II rules,13  it never  received, and  indeed never  even 
  requested,  a  waiver   or  other  relief  from  the  Phase   I 
  requirements.  Accordingly,  based on the  evidence before  us, 
  we   conclude   that  T-Mobile   apparently   willfully14   and 
  repeatedly15 violated Section 20.18(d) of the Rules by  failing 
  to fulfill  these 481 PSAP  requests within six  months of  the 
  date of the request. 

6.        In light of  T-Mobile's apparent  willful and  repeated 
  violation of  Section 20.18(d)  of the  Rules, we  find that  a 
  forfeiture   is  warranted.    Section  503(b)(1)(B)   of   the 
  Communications Act of  1934, as amended, (``Act'') states  that 
  any person  who willfully  or repeatedly fails  to comply  with 
  any provision  of the  Act or  any rule,  regulation, or  order 
  issued  by the  Commission, shall  be liable  for a  forfeiture 
  penalty.16   Section 503(b)(2)(B)  of  the Act  authorizes  the 
  Commission to  assess a forfeiture of  up to $120,000 for  each 
  violation by  a common  carrier, or  each day  of a  continuing 
  violation,  up to  a  statutory  maximum of  $1,200,000  for  a 
  single  act   or  failure   to  act.17    In  determining   the 
  appropriate  forfeiture amount,  we must  consider the  factors 
  enumerated in Section 503(b)(2)(D) of the Act, including  ``the 
  nature,  circumstances, extent  and gravity  of the  violation, 
  and, with respect  to the violator, the degree of  culpability, 
  any history of prior  offenses, ability to pay, and such  other 
  matters as justice may require.''18

7.        The  Commission's  Forfeiture   Policy  Statement   and 
  Section 1.80  of the Rules do  not establish a base  forfeiture 
  amount  for  violation of  Section  20.18(d)  of  the  Rules.19  
  However, we  think that a  substantial proposed forfeiture  for 
  this violation  is warranted.  Violation of  the E911 rules  is 
  extremely serious because  these rules are intended to  promote 
  safety of life.  The Phase I requirements set forth in  Section 
  20.18(d)  have been  in effect  for  almost five  years.   Each 
  unsatisfied PSAP  request is a  separate, continuing  violation 
  of  Section  20.18(d),  and  T-Mobile's  numerous,   continuing 
  violations have been ongoing for as long as four years.

8.        In addition, in  the Forfeiture  Policy Statement,  the 
  Commission  made clear  that  companies with  higher  revenues, 
  such as T-Mobile,20 could expect forfeitures higher than  those 
  reflected in the base amounts:

          [O]n the other  end of the  spectrum of  potential 
     violations, we  recognize  that  for  large  or  highly 
     profitable communication entities, the base  forfeiture 
     amounts ... are generally low.  In this regard, we  are 
     mindful that, as Congress has stated, for a  forfeiture 
     to be an  effective deterrent  against these  entities, 
     the forfeiture must be issued at a high level....   For 
     this reason, we  caution all  entities and  individuals 
     that, independent  from  the  uniform  base  forfeiture 
     amounts  ...,  we  intend  to  take  into  account  the 
     subsequent violator's ability to pay in determining the 
     amount of a  forfeiture to  guarantee that  forfeitures 
     issued against large or highly profitable entities  are 
     not considered  merely  an  affordable  cost  of  doing 
     business.  Such  large  or highly  profitable  entities 
     should expect in this regard that the forfeiture amount 
     set out in a Notice of Apparent Liability against  them 
     may in many  cases be  above, or even  well above,  the 
     relevant base amount.21

9.        We believe that the factors cited above,  particularly, 
  the  very large  number of  unfulfilled Phase  I requests,  the 
  fact  that each  unfulfilled Phase  I  request is  a  separate, 
  continuing  violation,   the  public  safety   nature  of   the 
  violations, and the fact that T-Mobile is a large company  with 
  substantial   revenues,   justify   a   substantial    proposed 
  forfeiture.   We  also  believe,  however,  that  the  proposed 
  forfeiture amount  should take  into account the  fact that  T-
  Mobile  brought its  violations of  the Phase  I rules  to  the 
  Commission's attention in May 2002.  Voluntary disclosure is  a 
  downward  adjustment   factor  under   the  Forfeiture   Policy 
  Statement, and  we think that  T-Mobile's voluntary  disclosure 
  in  this case  should  be  accorded weight  in  mitigating  the 
  forfeiture  amount.22    Considering  all  of  the   enumerated 
  factors  and the  particular  circumstances of  this  case,  we 
  conclude that  T-Mobile is apparently  liable for a  forfeiture 
  in the  amount of $1.25  million for its  apparent willful  and 
  repeated violations of Section 20.18(d) of the Rules.23  

                           IV.  CONCLUSION

10.       We  find   that  T-Mobile   apparently  willfully   and 
  repeatedly violated Section 20.18(d) by failing to fulfill  481 
  PSAP requests  for Phase  I service  within six  months of  the 
  date of the request.  We also find that T-Mobile is  apparently 
  liable for a $1.25 million forfeiture for these violations.24

                                
                      V.  ORDERING CLAUSES

11.       Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  503(b) of  the Act,  and Section  1.80 of  the Rules,  T-Mobile 
  USA, Inc. is hereby  NOTIFIED of this APPARENT LIABILITY FOR  A 
  FORFEITURE  in the  amount of  One  Million Two  Hundred  Fifty 
  Thousand  Dollars   ($1,250,000)  for   willful  and   repeated 
  violations of Section 20.18(d) of the Rules.

12.       IT IS FURTHER ORDERED that, pursuant to Section 1.80 of 
  the  Rules, within  thirty days  of the  release date  of  this 
  Notice of Apparent Liability, T-Mobile USA, Inc. SHALL PAY  the 
  full amount of the proposed forfeiture or SHALL FILE a  written 
  statement  seeking reduction  or cancellation  of the  proposed 
  forfeiture.

13.       Payment of  the forfeiture  may be  made by  mailing  a 
  check  or similar  instrument,  payable  to the  order  of  the 
  Federal   Communications   Commission,   to   the    Forfeiture 
  Collection  Section,  Finance  Branch,  Federal  Communications 
  Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.   The 
  payment should  note NAL/Acct. No.  200332100002 and FRN  0006-
  9459-50.   Requests for  payment of  the  full amount  of  this 
  Notice of Apparent  Liability under an installment plan  should 
  be sent  to: Chief,  Revenue and  Receivables Operation  Group, 
  445 12th Street, S.W., Washington, DC 20554.25

14.       The response if  any must  be mailed to  Office of  the 
  Secretary, Federal Communications Commission, 445 12th  Street, 
  S.W.,  Washington,  DC   20554,  ATTN:  Enforcement  Bureau   - 
  Technical  and  Public   Safety  Division,  and  must   include 
  NAL/Acct. No. 200332100002.

15.       The Commission will not consider reducing or  canceling 
  a forfeiture in response to a claim of inability to pay  unless 
  the petitioner  submits: (1) federal tax  returns for the  most 
  recent  three-year period;  (2) financial  statements  prepared 
  according to  generally accepted accounting  practices; or  (3) 
  some   other   reliable  and   objective   documentation   that 
  accurately reflects the petitioner's current financial  status.  
  Any claim  of inability to pay  must specifically identify  the 
  basis   for  the   claim   by  reference   to   the   financial 
  documentation submitted.
16.       IT IS FURTHER  ORDERED that  a copy of  this Notice  of 
  Apparent  Liability shall  be  sent  by first  class  mail  and 
  certified mail  return receipt requested  to Robert A.  Calaff, 
  Esq.,  Senior  Corporate  Counsel,  Governmental  and  Industry 
  Affairs, T-Mobile USA,  Inc., 401 9th Street, N.W., Suite  550, 
  Washington, D.C. 20004, and to John T. Nakahata, Esq.,  Harris, 
  Wiltshire & Grannis,  LLP, 1200 18th Street, N.W., Suite  1200, 
  Washington, D.C. 20554.



                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         Marlene H. Dortch   
                         Secretary

                               APPENDIX A

State          County                                    PSAP 
Requesting Entity                                        Request 
Date           
AL   Baldwin   Baldwin County Emergency Communications District  
4/30/01
AL   Bullock   Bullock County E911                       11/23/99
AL   Butler    Butler County Emergency Communications District   
12/12/00
AL   Coffee    City of Enterprise                        2/2/01
AL   Houston   Dothan-Houston County Communications District     
4/9/01
AL   Jefferson City of Hoover Police Department          9/27/01
AL   Jefferson City of Hueytown                          5/8/01
AL   Jefferson City of Irondale Police Department        11/16/01
AL   Macon     Macon County 9-1-1 Board                  10/1/01
AL   Marion    Marion County E9-1-1                      11/14/00
AL   Mobile    Mobile County Communications District     3/30/01
AL   Morgan    Morgan County Emergency Management Communications 
District       12/14/99
AL   Sumter    Sumter County EMA/E911                    2/28/01
AR   Garland   Garland County Department of Emergency Management 
2/15/02
AR   Pulaski   Pulaski County Sheriff's Office           2/14/02
AR   WashingtonWashington County Department of Emergency 
Management     1/16/02
AZ   Maricopa  Maricopa County E9-1-1 System             5/31/00
CO   Adams     Adams County E-911                        3/15/98
CO   Arapahoe  Arapahoe County E-911 Authority Board     9/1/98
CO   Arapahoe  City of Aurora                            9/1/98
CO   Boulder   Boulder Regional Emergency Telephone Service 
Authority      3/28/00
CO   Denver    City and County of Denver                 6/23/97
CO   Douglas   Douglas County Emergency Telephone Service 
Authority      3/1/98
CO   Eagle     Eagle County Telephone Service Authority  4/5/99
CO   Gilpin    Gilpin County 911 Authority Board         1/15/99
CO   Jefferson Jefferson County E911 ESTAB               6/23/99
CO   Larimer   Larimer County Telephone Authority        5/4/99
CO   Pitkin    Aspen-Pitkin County Communications Center 8/29/01
CO   Summit    Summit County Communications Center       2/2/99
CO   Weld      Weld County E-911                         3/3/98
DE   DE-Multiple                                         State of 
Delaware       10/11/01
DE   Kent      Kent County                               10/11/01
FL   Alachua   Alachua County Department of Fire/Rescue Services 
6/5/00
FL   Bay       Bay County                                3/21/01
FL   Brevard   Brevard County                            4/27/00
FL   Citrus    Citrus County                             10/31/00
FL   Duval     Duval County 9-1-1 Emergency Telephone System     
10/9/01
FL   Escambia  Escambia County Department of Public Safety  9/29/00
FL   Flagler   Flagler County                            9/22/01
FL   Hamilton  Hamilton County                           3/17/97
FL   Hernando  Hernando County                           10/24/00
FL   Hillsborough                                        
Hillsborough County                                      10/3/00
FL   Holmes    Holmes County 911                         3/2/01
FL   Lake      Lake County 911                           5/1/99
FL   Leon      Leon County Sheriff's Office              10/27/00
(cont'd)

State          County                                    PSAP 
Requesting Entity                                        Request 
Date 
FL   Manatee   Manatee County                            12/8/00
FL   Marion    Marion County 911 System Support Department  7/25/00
FL   Okaloosa  Okaloosa County 911                       6/22/01
FL   Orange    Orange County                             5/3/00
FL   Osceola   Osceola County                            9/21/00
FL   Pasco     Pasco County                              10/9/00
FL   Pinellas  Pinellas County                           6/28/00
FL   Polk      Polk County                               8/11/99
FL   Santa RosaSanta Rosa County E9-1-1                  11/30/00
FL   Sarasota  Sarasota County                           6/30/99
FL   Seminole  Seminole County                           5/1/00
FL   St. Johns St. Johns County Sheriff's Office         7/5/01
FL   Sumter    Sumter County                             4/12/00
FL   Taylor    Taylor County Sheriff's Office            3/19/01
FL   Volusia   Volusia County                            1/31/01
GA   Bibb      Macon-Bibb County 911 Center              1/13/99
GA   Chatham   Chatham County Finance Department         1/9/02
GA   Clarke    Athens-Clarke County 911                  12/22/98
GA   Clayton   City of Morrow Emergency Communications   9/22/00
GA   Fulton    Alpharetta                                7/8/99
GA   Fulton    Atlanta Police Department                 1/5/00
GA   Houston   Houston County Commissioners              7/7/00
GA   Jackson   Jackson County E-911                      8/19/98
GA   Lamar     Lamar County 9-1-1 District               7/31/98
GA   McDuffie  McDuffie County E9-1-1 Communications Center 12/7/98
GA   Rockdale  Rockdale County                           7/30/98
ID   Ada       Ada County Sheriff's Office               4/3/01
IL   Boone     Boone County Emergency Telephone System Board     
5/22/01
IL   Bureau    Bureau County E 9-1-1                     11/29/01
IL   Cook      Alsip Police Department                   11/15/00
IL   Cook      Barrington Hills 9-1-1                    7/7/00
IL   Cook      Bellwood ETSB                             3/29/01
IL   Cook      Berkeley ETSB                             7/18/01
IL   Cook      Blue Island 9-1-1                         8/15/01
IL   Cook      Broadview ETSB                            11/21/00
IL   Cook      Chicago Heights                           1/31/01
IL   Cook      Cicero 9-1-1 ETSB                         1/24/01
IL   Cook      City of Chicago                           7/31/00
IL   Cook      Country Club Hills Police Department      12/5/00 
IL   Cook      Countryside Police Department             3/22/01
IL   Cook      Des Plaines-Park Ridge Emergency Communications   
10/28/00
IL   Cook      Elmwood Park Public Safety                8/27/01
IL   Cook      Evergreen Park Police Department          11/17/00
IL   Cook      Forest Park ETSB                          11/1/01
IL   Cook      Franklin Park ETSB                        8/22/01
 (cont'd)

State          County                                    PSAP 
Requesting Entity                                        Request 
Date 
IL   Cook      Glencoe 9-1-1                             8/22/01
IL   Cook      Glenwood Police Department                12/5/00
IL   Cook      Indian Head Park Police Department        11/8/00
IL   Cook      Kenilworth Police Department              4/2/01
IL   Cook      La Grange Police Department               11/13/00
IL   Cook      Lincolnwood ETSB                          11/8/00
IL   Cook      Lynwood & Thorton's ETSB                  11/13/00
IL   Cook      McCook ETSB                               1/10/01
IL   Cook      Midlothian Police Department              11/28/00
IL   Cook      Morton Grove Police Department            1/9/01
IL   Cook      Niles ETSB                                4/18/01
IL   Cook      Norridge 9-1-1                            1/2/01
IL   Cook      Oak Lawn Emergency Communications         11/28/00
IL   Cook      Orland Joint Emergency Telephone System Board     
8/28/00
IL   Cook      Park Forest ETSB                          10/30/00
IL   Cook      River Grove Police Department             4/12/01
IL   Cook      Riverdale ETSB                            10/25/00
IL   Cook      Rolling Meadows Police Department         8/31/00
IL   Cook      Schaumburg Police Department              11/13/00
IL   Cook      Schiller Park 9-1-1 Board                 10/17/00
IL   Cook      Skokie Police/Fire Communication Center   6/1/01
IL   Cook      South Holland ETSB                        11/27/00
IL   Cook      SOUTHCOM                                  9/14/01
IL   Cook      Southwest Central 9-1-1 System            9/6/00
IL   Cook      Tinley Park ETSB                          11/27/00
IL   Cook      Western Suburban Consolidated Dispatch    1/3/01
IL   Cook      Willow Springs 9-1-1 System               2/21/01
IL   Cook      Wilmette Police Department                10/30/00
IL   Cook      Winnetka Police Department                4/5/01
IL   DuPage    DuPage County Emergency Telephone System Board    
8/1/00
IL   Effingham Effingham County ETSB                     11/17/00
IL   Ford      Ford County ETSB                          11/8/00
IL   Jefferson Jefferson County ETSB                     12/17/01
IL   Kane      Elgin ETSB                                5/26/00
IL   Kane      Kane County ETSB                          5/19/00
IL   Kane      QuadCom Joint Telephone System Board      5/22/00
IL   Kankakee  Kankakee ETSB                             7/28/00
IL   Kendall   Kendall County ETSB-KENCOM Public Safety Dispatch 
5/25/00
IL   Lake      CenCom E911                               9/19/01
IL   Lake      Deerfield Police Department 9-1-1         3/6/01
IL   Lake      Gurnee Police Department                  10/5/00
IL   Lake      Highland Park E9-1-1                      3/7/01
IL   Lake      Lake Bluff 9-1-1                          5/7/01
IL   Lake      Lake County ETSB                          3/6/01
IL   Lake      Libertyville Police Department            8/14/01
 (cont'd)

State          County                                    PSAP 
Requesting Entity                                        Request 
Date 
IL   Lake      Mundelein Police Department               11/6/00
IL   Lake      Vernon Hills Police Department            6/12/01
IL   Lake      Winthrop Harbor ETSB                      3/14/01
IL   Lake      Zion E911 ETSB                            2/16/01
IL   Lee       Lee County ETSB                           10/14/00
IL   Madison   Madison County ETSB                       10/2/00
IL   McHenry   McHenry County ETSB                       2/26/02
IL   Morgan    Morgan County E911                        2/27/01
IL   Ogle      Ogle County ETSB                          12/14/00
IL   Peoria    Peoria County ETSB                        7/28/00
IL   Piatt     Piatt County ETSB                         10/12/00
IL   Sangamon  Sangamon County ETSB                      9/5/00
IL   Tazewell  Tazewell County ETSB                      10/2/00
IL   Vermilion Vermilion County ETSB                     9/19/00
IL   Will      Bolingbrook Police Department             12/4/00
IL   Will      Will County 9-1-1 Emergency Telephone System 7/6/00
IL   WilliamsonWilliamson County 9-1-1                   2/20/02
IL   Winnebago Winnebago County ETSB                     10/18/00
IN   Adams     Adams County                              1/14/02
IN   Allen     Allen County                              2/2/01
IN   Bartholomew                                         
Bartholomew County                                       4/23/99
IN   Carroll   Carroll County                            4/9/01
IN   Cass      Cass County Enhanced 911                  11/2/01
IN   Clark     Clark County Public Safety                9/30/97
IN   Clay      Clay County E-911 Office                  2/6/00
IN   Clinton   Clinton County 911                        10/2/01
IN   Daviess   Daviess County                            8/31/01
IN   DeKalb    DeKalb County Sheriff Department          11/12/98
IN   Dearborn  Dearborn County Communications            11/7/01
IN   Decatur   Decatur County                            2/1/99
IN   Delaware  Delaware County                           6/21/01
IN   Elkhart   Elkhart County                            3/11/99
IN   Floyd     New Albany Police Department              9/29/97
IN   Grant     Grant County                              1/10/01
IN   Hamilton  Carmel Communications                     2/3/99
IN   Hamilton  Hamilton County                           2/3/99
IN   Hamilton  Noblesville Communications                2/3/99
IN   Hancock   Hancock County                            1/31/01
IN   Hendricks Hendricks County                          6/18/01
IN   Henry     Henry County Sheriff's Department         12/10/01
IN   Howard    Howard County                             3/25/99
IN   HuntingtonHuntington County Communications          1/23/01
IN   Jefferson Jefferson County                          4/20/01
IN   Johnson   Johnson County Sheriff's Department       1/2/02
IN   Knox      Knox County Dispatch                      10/23/01
 (cont'd)

State          County                                    PSAP 
Requesting Entity                                        Request 
Date 
IN   Kosciusko Kosciusko County                          7/13/00
IN   LaGrange  LaGrange County                           1/18/01
IN   Lake      Lake County                               11/9/00
IN   LaPorte   LaPorte County                            12/4/00
IN   Madison   Madison County                            4/17/01
IN   Marion    Metropolitan Emergency Communications Agency 3/8/02
IN   Miami     Miami County                              7/12/00
IN   Monroe    Bloomington/Monroe County Indiana Central Emergency 
8/23/01
IN   MontgomeryMontgomery County                         9/13/01
IN   Perry     Perry County 911 Communications           2/7/02
IN   Porter    Porter County                             11/5/01
IN   Posey     Posey County E911                         Unknown
IN   Putnam    Putnam County 911                         11/7/01
IN   Ripley    Ripley County Communications              4/11/01
IN   Scott     Scott County Emergency Management Agency  1/22/01
IN   Spencer   Spencer County Sheriff's Department       12/14/01
IN   St. JosephSt. Joseph County Police                  2/25/02
IN   Starke    Starke County                             1/18/01
IN   Steuben   Steuben County Communications             3/22/99
IN   TippecanoeTippecanoe County Sheriff's Department    3/25/02
IN   Tipton    Tipton County E 9-1-1 Communications Center  
10/19/01
IN   Vanderburgh                                         EVCC 
Central Dispatch                                         1/16/02
IN   Vigo      Vigo County                               9/21/00
IN   Warrick   Warrick County                            1/4/01
IN   Wayne     Wayne County Emergency Communications Department  
11/2/01
IN   Wells     City of Bluffton                          11/2/01
IN   Whitley   Whitley County Enhanced 9-1-1             10/10/00
KS   Johnson   Johnson County Sheriff's Office           11/9/01
KS   Johnson   Leawood Police Department                 11/9/01
KS   Johnson   Lenexa Police Department                  11/9/01
KS   Johnson   Olathe Police Department                  11/9/01
KS   Johnson   Overland Park Police Department           11/9/01
KS   Johnson   Prairie Village Police Department         11/9/01
KS   Johnson   Shawnee Police Department                 11/9/01
KS   Leavenworth                                         Ft. 
Leavenworth Provost Marshall                             11/9/01
KS   Leavenworth                                         
Leavenworth County Sheriff's Office                      11/9/01
KS   Leavenworth                                         
Leavenworth Police Department                            11/9/01
KS   Riley     Riley County Emergency Management         10/1/01
KS   Sedgwick  Sedgwick County Department of Emergency 
Communications 7/25/01
KS   Wyandotte Wyandotte Public Safety Communications Center     
11/9/01
KY   Anderson  Anderson County/Lawrenceburg Police Department    
2/28/01
KY   Barren    Barren/Metcalfe County Emergency Communications 
Center         6/20/01
KY   Bourbon   Paris, Bourbon County E-911 and Central 
Communications 12/1/00
KY   Boyle     Danville-Boyle County Enhanced 911        3/30/01
KY   Campbell  Campbell County                           11/7/01
(cont'd)

State          County                                    PSAP 
Requesting Entity                                        Request 
Date 
KY   Clark     Clark County                              11/14/00
KY   Fayette   Lexington-Fayette Urban County Government 11/14/00
KY   Hardin    Hardin County                             7/6/00
KY   Harrison  Cynthiana/Harrison County E911            12/8/00
KY   Kenton    Kenton County                             11/29/01
KY   KY-Multiple                                         KSP-Post 
1 Mayfield     5/1/01
KY   KY-Multiple                                         KSP-Post 
2 Madisonville 5/1/01
KY   KY-Multiple                                         KSP-Post 
3 Bowling Green5/1/01
KY   KY-Multiple                                         KSP-Post 
4 Elizabethtown5/1/01
KY   KY-Multiple                                         KSP-Post 
5 Lagrange     5/1/01
KY   KY-Multiple                                         KSP-Post 
7 Richmond     5/1/01
KY   KY-Multiple                                         KSP-Post 
11 London      5/1/01
KY   KY-Multiple                                         KSP-Post 
12 Frankfurt   5/1/01
KY   KY-Multiple                                         KSP-Post 
14 Ashland     5/1/01
KY   KY-Multiple                                         KSP-Post 
16 Henderson   5/1/01
KY   Laurel    London-Laurel County Communications Center   
11/16/00
KY   Madison   Madison County 911                        2/28/01
KY   McCracken Paducah-McCracken County E-911 Communications 
Services       3/20/02
KY   Mercer    Mercer County 911                         4/30/01
KY   Shelby    Shelby County E-911 Board                 12/11/00
KY   Warren    Bowling Green Police                      6/14/00
KY   WashingtonWashington County/City of Springfield PSAP Board  
11/21/00
KY   Woodford  Woodford County                           12/3/01
MA   MA-Multiple                                         State of 
Massachusetts  9/26/01
MD   Anne Arundel                                        Anne 
Arundel County 5/15/00
MI   Allegan   Allegan County Central Dispatch           9/1/00
MI   Bay       Bay County 911 Central Dispatch           9/1/00
MI   Branch    Branch County Central Dispatch            4/30/01
MI   Calhoun   Calhoun County Sheriff's Department       1/23/01
MI   Clinton   Clinton                                   5/19/00
MI   Eaton     Eaton County Central Dispatch             9/1/00
MI   Genesee   Genesee County 911 Authority              9/1/00
MI   Hillsdale Hillsdale County Central Dispatch         9/1/00
MI   Ingham    East Lansing Police Department            4/13/01
MI   Ingham    Ingham County                             4/26/01
MI   Ionia     Ionia County Central Dispatch             9/1/00
MI   Jackson   Jackson County Sheriff's Department       3/29/01
MI   Kalamazoo Kalamazoo County                          3/20/01
MI   Kent      Grand Rapids Police Department            4/24/01
MI   Kent      Kent                                      5/23/01
MI   Lapeer    Lapeer County Central Dispatch            9/1/00
MI   Lenawee   Lenawee                                   11/14/00
MI   Macomb    Macomb County                             9/1/00
MI   Monroe    Monroe County Central Dispatch            9/1/00
MI   Montcalm  Montcalm County Central Dispatch Authority   9/1/00
 (cont'd)

State          County                                    PSAP 
Requesting Entity                                        Request 
Date 
MI   Muskegon  Muskegon                                  5/2/00
MI   Ottawa    Ottawa County Central Dispatch Authority  9/1/00
MI   Saginaw   Saginaw County 911 Communications Center  9/1/00
MI   ShiawasseeShiawassee                                6/21/00
MI   St. Clair St. Clair County                          3/6/01
MI   St. JosephSt. Joseph County E911 Central Dispatch   11/13/01
MI   Van Buren Van Buren County                          4/12/01
MI   Washtenaw Washtenaw Central Dispatch Authority      9/1/00
MI   Wayne     City of Detroit Police Department         3/21/01
MI   Wayne     Conference of Eastern Wayne               9/20/00
MI   Wayne     Downriver Mutual Aid Service District     4/10/01
MN   Aitkin    Aitkin County Sheriff's Office            1/10/01
MN   Anoka     Anoka County Central Communications       1/10/01
MN   Benton    Benton County Sheriff's Office            1/10/01
MN   Blue EarthBlue Earth County                         1/10/01
MN   Brown     Brown County Sheriff's Department         1/10/01
MN   Carlton   Carlton County Sheriff's Office           1/10/01
MN   Carver    Carver County Sheriff's Department        1/10/01
MN   Cass      Cass County Sheriff's Office              1/10/01
MN   Chisago   Chisago County Sheriff's Office           1/10/01
MN   Clay      Clay County 911                           1/10/01
MN   Crow Wing Crow Wing County Sheriff's Office         1/10/01
MN   Dakota    Apple Valley Police Department            1/10/01
MN   Dakota    Burnsville Police Department              1/10/01
MN   Dakota    Dakota County Sheriff's Department        1/10/01
MN   Dakota    Eagen                                     1/10/01
MN   Dakota    Lakeville Police Department               1/10/01
MN   Dodge     Dodge County Sheriff's Office             1/10/01
MN   Douglas   Douglas County                            1/10/01
MN   Faribault Faribault County                          1/10/01
MN   Freeborn  Freeborn County Law Enforcement Center    1/10/01
MN   Goodhue   Goodhue County Sheriff's Office           1/10/01
MN   Grant     Grant County                              1/10/01
MN   Hennepin  Bloomington Police Department             1/10/01
MN   Hennepin  Brooklyn Center Police Department         1/10/01
MN   Hennepin  City of St. Louis Park Police Department  1/10/01
MN   Hennepin  Eden Prairie Police Department            1/10/01
MN   Hennepin  Edina Police Department                   1/10/01
MN   Hennepin  Hennepin County Sheriff's Office-Communications   
1/10/01
MN   Hennepin  Hopkins Police Department                 1/10/01
MN   Hennepin  Minneapolis Police Department             1/10/01
MN   Hennepin  Minneapolis St. Paul International Airport   1/10/01
MN   Hennepin  Minnetonka Police Department              1/10/01
MN   Hennepin  Richfield Police Department               1/10/01
MN   Isanti    Isanti County Sheriff's Office            1/10/01
 (cont'd)

State          County                                    PSAP 
Requesting Entity                                        Request 
Date 
MN   Jackson   Jackson County                            1/10/01
MN   Kanabec   Kanabec County Sheriff's Office           1/10/01
MN   Kandiyohi Kandiyohi County Sheriff's Department     1/10/01
MN   Le Sueur  Le Sueur County Sheriff's Office          1/10/01
MN   Martin    Martin County                             1/10/01
MN   McLeod    McLeod County Sheriff's Department        1/10/01
MN   Meeker    Meeker County Sheriff's Department        1/10/01
MN   Mille LacsMille Lacs County Sheriff's Office        1/10/01
MN   MN-Multiple                                         St. Paul  
1/10/01
MN   Morrison  Morrison County Sheriff's Office          1/10/01
MN   Mower     Mower County-Law Enforcement Center Austin Police 
1/10/01
MN   MSP       MSP East                                  1/10/01
MN   Nicollet  Nicollet County Sheriff's Office          1/10/01
MN   Nobles    Nobles County                             1/10/01
MN   Olmsted   Olmsted County Law Enforcement Center     1/10/01
MN   Otter TailOtter Tail County                         1/10/01
MN   Pine      Pine County Sheriff's Office              1/10/01
MN   Ramsey    Maplewood Police Department               1/10/01
MN   Ramsey    White Bear Lake Police Department         1/10/01
MN   Rice      Rice County-Pearl Street 911 Center       1/10/01
MN   Rock      Rock County                               1/10/01
MN   Scott     Scott County Sheriff's Department         1/10/01
MN   Sherburne Sherburne County Sheriff's Office         1/10/01
MN   Sibley    Sibley County Sheriff's Office            1/10/01
MN   St. Louis St. Louis County Emergency Communications 
Department     1/10/01
MN   Stearns   Stearns County Sheriff's Office           1/10/01
MN   Steele    Steele County-Pearl Street 911 Center     1/10/01
MN   Todd      Todd County                               1/10/01
MN   Waseca    Waseca County Sheriff's Office            1/10/01
MN   WashingtonWashington County Sheriff's Department    1/10/01
MN   Watonwan  Watonwan County                           1/10/01
MN   Wilkin    Wilkin County                             1/10/01
MN   Wright    Wright County Sheriff's Office            1/10/01
MO   Boone     City of Columbia/Boone County Joint Communications  
3/15/02
MO   Cass      Belton Police Department                  11/9/01
MO   Cass      Cass County Sheriff's Office              11/9/01
MO   Cass      Harrisonville Police Department           11/9/01
MO   Cass      Pleasant Hill Police Department           11/9/01
MO   Cass      Raymore Police Department                 11/9/01
MO   Clay      Clay County Sheriff                       11/9/01
MO   Clay      Gladstone Police Department               11/9/01
MO   Clay      Kansas City Police Department             11/9/01
MO   Clay      Liberty Police Department                 11/9/01
MO   Clay      North Kansas City Police Department       11/9/01
MO   Clay      Pleasant Valley Police Department         11/9/01
(cont'd)

State          County                                    PSAP 
Requesting Entity                                        Request 
Date 
MO   Cooper    Cooper County EMA/9-1-1                   10/29/00
MO   Franklin  Franklin County Emergency Management Agency  1/31/02
MO   Jackson   Blue Springs Police Department            11/9/01
MO   Jackson   Grandview Police Department               11/9/01
MO   Jackson   Independence Emergency Communications Center 11/9/01
MO   Jackson   Jackson County Sheriff                    11/9/01
MO   Jackson   Lee's Summit Police Department            11/9/01
MO   Jackson   Raytown Police Department                 11/9/01
MO   Jackson   Sugar Creek Police Department             11/9/01
MO   Jasper    Jasper County Communications Center       11/26/02
MO   Johnson   Johnson County Sheriff's Office           11/9/01
MO   Platte    Platte County Sheriff's Department        11/9/01
MO   Ray       Ray County 9-1-1                          11/9/01
MO   St. Louis St. Louis County                          12/8/00
MO   Taney     Taney County 911 Administration           7/23/01
MO   Warren    Warren County 9-1-1                       7/19/01
MS   Covington Covington County E-911                    3/13/01
MS   DeSoto    DeSoto Sheriff's Office                   11/9/98
MS   Forrest   Forrest County Sheriff's Office           5/14/98
MS   Itawamba  Itawamba County E-911                     4/1/97
MS   Jackson   Jackson County Emergency Communications District  
12/19/00
MS   Lowndes   The Emergency Management District         5/14/98
MS   Marion    Marion County 911                         3/14/01
MS   Panola    Panola County Civil Defense               10/11/00
MS   Rankin    Rankin County                             1/1/01
MS   Tunica    Tunica County Planning Commission         8/2/99
MS   Warren    Vicksburg-Warren E-911 Communications Center 3/5/01
NE   Douglas   Douglas County Communications Department  6/14/01
NE   Hall      Grand Island-Hall County 9-1-1 Service District   
1/15/02
NE   Lancaster Lincoln/Lancaster County                  6/18/01
NE   Madison   City of Norfolk                           9/13/01
NE   Sarpy     Sarpy County                              5/14/01
NJ   NJ-Multiple                                         State of 
New Jersey-OETS1/1/00
NM   Dona Ana  Mesilla Valley Regional Dispatch Authority   8/7/01
NY   Cattaraugus                                         
Cattaraugus County Sheriff's Office                      1/29/02
NY   Erie      County of Erie                            3/21/02
NY   LivingstonLivingston County                         2/27/02
NY   Nassau    Nassau County PD                          10/10/98
NY   New York  New York Police Communications            7/30/01
NY   Onondaga  Onondaga County Department of Emergency 
Communications 4/3/01
NY   Ontario   Ontario County 9-1-1                      1/24/02
NY   Schenectady                                         New York 
State Police-Schenectady County                          11/21/01
NY   Suffolk   County of Suffolk Police Department       3/13/01
OH   Delaware  Delaware County Emergency Services        7/12/01
OH   Hamilton  Cincinnati 9-1-1                          4/19/01
(cont'd)

State          County                                    PSAP 
Requesting Entity                                        Request 
Date 
OH   Hamilton  Hamilton County                           9/20/01
OH   Hocking   Hocking County 911                        3/11/02
OH   Miami     Miami County Communications Center        7/23/01
OR   OR-Multiple                                         Oregon 
911 Program    6/16/00
PA   Berks     Berks County                              1/10/02
PA   Delaware  Delaware County Emergency Services        5/11/01
PA   Erie      Erie County 911 Center                    12/5/01
PA   Pike      Pike County Communications Center         6/22/01
SC   Aiken     Aiken County Planning & Development Department    
7/26/99
SD   Minnehaha Minnehaha Metro Communications            12/20/01
TN   Bradley   Bradley County                            4/1/01
TN   Gibson    Gibson County Communications Center       4/1/01
TN   Hardin    Hardin County                             4/23/01
TN   Lincoln   Lincoln County                            4/3/01
TN   Putnam    Putnam County                             4/1/01
TX   Austin    Austin County Emergency Communications District   
1/11/02
TX   Bexar     Bexar Metro 9-1-1 Network District        5/1/00
TX   Brazos    Brazos County Emergency Communications District   
8/18/00
TX   Callahan  Callahan County                           8/13/01
TX   Clay      Clay County Sheriff's Department          8/16/01
TX   Collin    City of Plano                             9/11/01
TX   Dallas    City of Addison Police Department         1/8/01
TX   Dallas    City of Dallas Police & Fire Department   1/12/00
TX   Dallas    City of Farmers Branch                    1/8/01
TX   Dallas    City of Garland Telecommunications        6/23/00
TX   Dallas    City of Mesquite Police Department        7/18/00
TX   Dallas    Dallas County Sheriff's Office            12/27/01
TX   Dimmit    Dimmit County                             1/26/00
TX   Eastland  Eastland County                           8/13/01
TX   Ector     Ector County Emergency Communications District    
9/28/01
TX   El Paso   El Paso County 911 District               8/16/00
TX   Gregg     City of Longview                          1/31/01
TX   Harris    Greater Harris County 9-1-1 Emergency Network     
9/18/97
TX   Howard    Howard County 9-1-1                       11/13/01
TX   Llano     Llano County                              8/16/01
TX   Lubbock   Lubbock Emergency Communications District 9/17/01
TX   Matagorda Matagorda County Sheriff's Department     2/9/00
TX   Midland   Midland Emergency Communications District 9/26/01
TX   Montague  Montague County                           8/16/01
TX   Smith     Smith County 9-1-1 Communications District   1/26/00
TX   Tarrant   Tarrant County 911 District               8/24/00
UT   Salt Lake Valley Emergency Communications Center    6/28/97
UT   Weber     Weber County Communications               3/10/97
VA   Albemarle Albemarle County Emergency Communications Center  
8/21/01
VA   AlexandriaAlexandria Police Department              7/12/01
(cont'd)

State          County                                    PSAP 
Requesting Entity                                        Request 
Date 
VA   Arlington Arlington County Emergency Communications Center  
7/12/01
VA   ChesapeakeCity of Chesapeake                        2/7/02
VA   Chesterfield                                        
Chesterfield County 9-1-1                                10/19/01
VA   Colonial Hgts                                       City of 
Colonial Heights                                         3/7/02
VA   Dinwiddie Dinwiddie County Sheriff's Office         10/19/01  
VA   Fairfax   Fairfax Police Department                 7/12/01
VA   Fauquier  Warrenton-Fauquier Joint Communications Center    
7/5/01
VA   Frederick Frederick County                          3/21/02
VA   Hampton City                                        Hampton 
City 2/7/02
VA   James CityJames City County                         2/7/02
VA   Loudoun   Loudoun County 9-1-1                      7/12/01
VA   New Kent  New Kent County Sheriff's Office          11/5/01
VA   Newport News                                        City of 
Newport News   2/7/02
VA   Norfolk City                                        City of 
Norfolk        2/7/02
VA   PetersburgCity of Petersburg                        10/10/01
VA   Poquoson City                                       City of 
Poquoson       2/7/02
VA   Prince George                                       Prince 
George County Police                                     12/10/01
VA   Prince William                                      Prince 
William County 7/12/01
VA   Stafford  Stafford County Sheriff's Office          10/19/01
VA   Virginia Beach                                      City of 
Virginia Beach 1/31/02
WA   Adams     Adams County Sheriff's Office             8/17/01
WA   Cowlitz   Cowlitz County TSC                        5/2/00
WA   Island    Island County Emergency Service Communications 
Center         4/11/00
WA   Jefferson Jefferson County Sheriff's Office         3/27/00
WA   King      King County E911                          2/17/00
WA   Lewis     Lewis County 9-1-1 Communications         4/26/00
WA   Pierce    Pierce County E 9-1-1 Program             6/19/00
WA   San Juan  San Juan County E9-1-1                    5/2/00
WA   Skagit    Skagit County 911                         2/24/00
WA   Snohomish Snohomish County Emergency Services       2/22/00
WA   Spokane   Spokane County 911 Communications         4/19/00

_________________________

  1  T-Mobile  was  previously  known  as  VoiceStream   Wireless 
Corporation.  For convenience, we will  refer to this carrier  as 
T-Mobile throughout this document.

  2 47 C.F.R.  20.18(d).

  3 47 C.F.R.  20.18(d) and (j).

  4 Revision  of the Commission's  Rules to Ensure  Compatibility 
with Enhanced 911 Emergency Calling Systems, Petition of City  of 
Richardson, Texas, Order, CC Docket No. 94-102, 16 FCC Rcd 18982, 
18986-87 (2001) (``Richardson Order''),  recon. granted in  part, 
denied in  part, 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).

  5  Letter from  Joseph P.  Casey, Chief,  Technical and  Public 
Safety Division, Enforcement Bureau,  to Brian T. O'Connor,  Vice 
President, Legislative and Regulatory Affairs, T-Mobile USA, Inc. 
(October 11, 2002).  In  addition, on January  28, 2003, the  911 
coordinator for ten PSAPs in  Jefferson County, Colorado filed  a 
complaint alleging that  T-Mobile is not  in compliance with  the 
Phase I rules  in Jefferson  County.  An  investigation into  the 
allegations raised in this complaint is currently pending.

  6  Letter from  Robert  A. Calaff,  Senior  Corporate  Counsel, 
Governmental and Industry Affairs, T-Mobile USA, Inc., to  Joseph 
P.  Casey,   Chief,  Technical   and  Public   Safety   Division, 
Enforcement Bureau (November 1, 2002).  

  7 T-Mobile classified  these 170 PSAP requests as  ``invalid.''  
However, T-Mobile  stated  that for  Phase  I, it  has  generally 
presumed  that  a  PSAP  request  is  valid  unless  evidence  is 
presented to the contrary, so it has not affirmatively set out to 
determine  its  validity.   T-Mobile  further  stated  that   its 
experience has shown that there are issues on the PSAP's side  of 
the demarcation  point that  will affect  the request's  validity 
that become  apparent only  as the  deployment process  proceeds.  
Based on the information provided by T-Mobile, we do not  believe 
that these  170 PSAP  requests  are appropriately  classified  as 
``invalid.''  In this  regard, there  is no  evidence that  these 
PSAP requests were  not valid,  as that  term is  defined in  the 
Richardson Order,  at  the  time they  were  filed.   Rather,  it 
appears that there is a question  as to whether these PSAPs  were 
currently  ready  to  receive   and  utilize  Phase  I   location 
information.  

  8  The E2  interface is  the  communications link  between  the 
PSAP's ALI database and  the carrier's Mobile Positioning  Center 
(``MPC'').  It is through this  link that ALI requests for  Phase 
II data are transmitted and  through which the data requested  is 
returned by the MPC.  See Richardson Order, 16 FCC Rcd at  18987.  
Although the  E2  interface is  part  of the  J-STD-036  standard 
interface for Phase  II, T-Mobile indicated  in its LOI  response 
that it is also using the  E2 interface to implement its Phase  I 
NCAS connections.  

  9 T-Mobile  identified six PSAPs  which specifically  requested 
that their Phase I requests be placed on hold.  However, we  note 
that each of these PSAP requests  had been pending for more  than 
six months at the time the PSAP requested the hold.  

  10 T-Mobile  did not identify the  specific PSAP requests  with 
respect  to  which   it  believes  it   has  responsibility   for 
implementation delays, the  specific reasons for  the delays,  or 
the length of the delays attributable to it. 

  11  Appendix A  lists  these 481  PSAP  requests.  We  are  not 
counting, for  purposes of  this NAL,  the 50  PSAP requests  for 
Phase I service in areas in which T-Mobile was not yet  providing 
coverage during the period covered by the LOI.

  12 The LOI  issued to T-Mobile specifically directed that,  for 
each  unfulfilled  Phase  I  PSAP  request,  T-Mobile  provide  a 
detailed explanation as to why the request had not been fulfilled 
and identify the specific actions taken by T-Mobile in an  effort 
to fulfill each PSAP request and the dates on which such  actions 
were taken.   In  many  cases,  T-Mobile  provided  only  general 
reasons why  certain categories  of PSAP  requests had  not  been 
fulfilled.  In cases where T-Mobile did identify specific actions 
it had taken  to fulfill a  PSAP request, there  was typically  a 
substantial lapse of time, sometimes  a period of years,  between 
the date that the PSAP request  was received by T-Mobile and  the 
date of  any specific  action  or actions  taken by  T-Mobile  to 
fulfill the request. 

  13  See   Revision  of   the  Commission's   Rules  to   Ensure 
Compatibility with Enhanced 911 Emergency Calling Systems, Fourth 
Memorandum Opinion and Order,  CC Docket No.  94-102, 15 FCC  Rcd 
17442, 17461-64 (2000).

  14 Section 312(f)(1) of  the Act, 47 U.S.C.  312(f)(1),  which 
applies to violations  for which forfeitures  are assessed  under 
Section 503(b) of the Act, provides that ``[t]he term  `willful,' 
... means the conscious and deliberate commission or omission  of 
such act, irrespective of any intent to violate any provision  of 
this Act or any rule  or regulation of the Commission  authorized 
by this Act ....''  See  Southern California Broadcasting Co.,  6 
FCC  Rcd  4387   (1991)  (``Southern  California'')   (discussing 
legislative history regarding applicability of Section  312(f)(1) 
definition of ``willful'' to Section 503(b)).  

  15 Section 312(f)(2) of  the Act, 47 U.S.C.  312(f)(2),  which 
also applies to forfeitures  assessed pursuant to Section  503(b) 
of the Act, provides that ``[t]he term `repeated,' ... means  the 
commission or omission  of such act  more than once  or, if  such 
commission or omission  is continuous, for  more than one  day.''  
See Southern California, 6 FCC Rcd at 4388.

  16 47 U.S.C.  503(b)(1)(B); see also 47 C.F.R.  1.80(a)(2).

  17 47 U.S.C.  503(b)(2)(B); see also 47 C.F.R.  1.80(b)(2).

  18  47  U.S.C.    503(b)(2)(D);  see  also  The   Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 
17100 (1997) (``Forfeiture Policy Statement''), recon. denied, 15 
FCC Rcd 303 (1999); 47 C.F.R.  1.80(b)(4).

  19  The fact  that  there  is no  established  base  forfeiture 
amount for this  violation does not  indicate that no  forfeiture 
should be imposed.  The  Forfeiture Policy Statement states  that 
``... any  omission of  a specific  rule violation  from the  ... 
[forfeiture guidelines] ... should not signal that the Commission 
considers any unlisted violation as nonexistent or unimportant.''  
Forfeiture Policy Statement, 12 FCC Rcd at 17099.  The Commission 
retains the discretion, moreover,  to depart from the  Forfeiture 
Policy Statement and issue  forfeitures on a case?by?case  basis, 
under its general forfeiture  authority contained in Section  503 
of the Act.  Id.

  20  T-Mobile reported  that  it  had total  revenues  of  $3.99 
billion in  2001.  See  T-Mobile International  Reports  Detailed 
Full Year 2001  and Fourth  Quarter 2001  Results of  VoiceStream 
(released March 4, 2002).

  21 Forfeiture Policy  Statement, 12 FCC Rcd at 17099-100.   See 
also 47 U.S.C.   503(b)(2)(D); 47 C.F.R.   1.80(b)(4), Note  to 
paragraph (b)(4):  Section  II. Adjustment  Criteria for  Section 
503 Forfeitures.

  22 Forfeiture Policy  Statement, 12 FCC Rcd at 17099-100.   See 
also 47 C.F.R.  1.80(b)(4),  Note to paragraph (b)(4):   Section 
II. Adjustment Criteria for Section 503 Forfeitures.

  23 The statutory maximum for each of the continuing  violations 
would be $1.2  million.  47  U.S.C.  503(b)(2)(B);  see also  47 
C.F.R.  1.80(b)(2).

  24 The proposed  forfeiture here covers the period dating  back 
one year from the date of this NAL.  

  25 See 47 C.F.R.  1.1914.