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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
AT&T Wireless Services, Inc. ) File No. EB-02-TS-002
) NAL/Acct. No. 200232100003
) FRN 0003-7665-32
ORDER
Adopted: June 12, 2002 Released: June 18, 2002
By the Commission:
1. In this Order, we adopt a Consent Decree terminating an
investigation into possible violations by AT&T Wireless Services,
Inc. (``AT&T Wireless'') of the enhanced 911 (``E911'') Phase II
provisions of Section 20.18 of the Commission's Rules (``Rules'')
with respect to its Time Division Multiple Access network.1
2. The Commission and AT&T Wireless 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
AT&T Wireless 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 possible
violations by AT&T Wireless 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. AT&T Wireless 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.
200232100003 and FRN 0003-7665-32.
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. Dorch
Secretary
CONSENT DECREE
The Federal Communications Commission (``FCC'') and
AT&T Wireless Services, Inc. (``AT&T Wireless'') hereby enter
into a Consent Decree resolving possible violations by AT&T
Wireless of the E911 Phase II provisions of Section 20.18 of the
Commission's Rules, 47 C.F.R. § 20.18.
Statement of Facts
9. 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.3 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.4 Carriers using a handset-
based solution also must begin to offer one entry-level model
with location capability no later than October 1, 2001, and must
ensure that 95 percent of their customers have location-capable
handsets no later than December 31, 2005.5
10. 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. Wireless
carriers subject to the rules were directed to report their Phase
II plans, including the technologies they plan to use, by
November 9, 2000.7
11. On November 9, 2000, AT&T Wireless filed its
report on its plans for implementation of E911 Phase II service.
In its report, AT&T Wireless stated that it was not in a position
to choose between a handset and network overlay solution and that
it would file an amended report. On December 6, 2000, AT&T
Wireless filed an Amended E911 Phase II Report stating that it
planned to implement a hybrid network and handset-based
technology called Enhanced Observed Time Difference of Arrival
(``E-OTD'') across its Global System for Mobile Communications
(``GSM'')/General Packet Radio Service (``GPRS'') network.8 AT&T
Wireless did not commit to the use of a particular Phase II
technology with respect to its Time Division Multiple Access
(``TDMA'') network.9
12. On April 4, 2001, AT&T Wireless requested a waiver
of the E911 Phase II rules to permit it to deploy E-OTD
throughout its GSM air interface network and a switch-based
technology called Mobile-Assisted Network Location System
(``MNLS'') for its TDMA network.10 AT&T Wireless supplemented
its filing on May 31 and June 12, 2001, providing additional
information on its plans for complying with Phase II requirements
using MNLS. On June 13, 2001, AT&T Wireless personnel met with
the staff of the FCC's Wireless Telecommunications Bureau
(``WTB'') to discuss MNLS. It provided additional data on field
test results of network-based solutions for TDMA on July 2, July
10, and August 2, 2001. On July 23, 2001, AT&T Wireless's
technical personnel participated in a conference call in which
they answered questions regarding MNLS from staff of the WTB and
the FCC's Office of Engineering (``OET''), and on July 27, 2001,
AT&T Wireless met with WTB and OET staff to further discuss the
waiver request. On August 6, 2001, AT&T Wireless submitted a
written proposal for complying with Phase II requirements using
MNLS, including specific milestones. A meeting to discuss this
proposal and other aspects of the waiver request was held with
WTB on August 30, 2001. On September 6, 2001, AT&T Wireless
conducted a field demonstration of MNLS in Orlando, Florida,
which WTB and OET staff observed on site. On September 17, 2001,
AT&T Wireless filed a letter substantially amending its waiver
request with respect to its TDMA network.11 In lieu of
implementing MNLS as its E911 Phase II solution for its TDMA
network, AT&T Wireless sought permission to deploy either
TruePosition's or Grayson Wireless's (Grayson's) network overlay
technology. The WTB sought comments on the waiver and amended
waiver requests.12 The comment period on the amended waiver
request closed on October 11, 2001. The amended waiver request
regarding AT&T Wireless's TDMA network is pending. The
Commission recently approved, with conditions, AT&T Wireless's
request to deploy E-OTD throughout its GSM network.13
13. The Enforcement Bureau has begun an investigation
into whether AT&T Wireless was in compliance with the E911 Phase
II rules, 47 C.F.R. § 20.18, with respect to its TDMA or
TDMA/Advanced Mobile Phone Service (``AMPS'') network on or after
October 1, 2001.
Terms of Settlement
14. For the purposes of this Consent Decree, the
following definitions shall apply:
(a) ``FCC'' or ``Commission'' means the Federal
Communications Commission.
(b) ``Parties'' means AT&T Wireless Services, Inc. and
the Federal Communications Commission.
(c) ``AT&T Wireless'' means AT&T Wireless Services,
Inc., its subsidiaries, 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) ``Rules'' means the Commission's regulations found
in Title 47 of the Code of Federal Regulations.
(g) ``Act'' means the Communications Act of 1934, as
amended, 47 U.S.C. § 151 et seq.
(h) ``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.
15. 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.
16. 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 any term 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.
17. AT&T Wireless 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.
18. The Parties agree and acknowledge that this
Consent Decree shall constitute a final settlement between AT&T
Wireless and the FCC regarding possible violations of the E911
Phase II rules for its TDMA or TDMA/AMPS network with respect to
the October 1, 2001 deadline. In consideration for termination
by the Commission of its investigation into whether AT&T Wireless
has violated the E911 Phase II rules for its TDMA or TDMA/AMPS
network with respect to the October 1, 2001 deadline, and in
accordance with the terms of this Consent Decree, AT&T Wireless
agrees to the terms set forth herein.14
19. 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 AT&T Wireless.
20. AT&T Wireless agrees to comply with the E911 Phase
II rules modified as follows:
(a) First, AT&T Wireless 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
service on its TDMA or TDMA/AMPS network received
by AT&T Wireless on or before February 28, 2002,
AT&T Wireless must provide its Phase II compliant
solution to 100% of those PSAPs' coverage areas or
population by April 1, 2003.
(7) For valid PSAP requests received after
February 28, 2002, but on or before September 30,
2002, AT&T Wireless must provide its Phase II
compliant solution to 50% of those PSAPs' coverage
areas or population by April 1, 2003, and to 100%
of those PSAPs' coverage areas or population by
November 30, 2003.
(8) For valid PSAP requests received after
September 30, 2002, AT&T Wireless must provide its
Phase II compliant service to 50% of those PSAPs'
coverage areas or population within six months of
receipt of such request and to 100% of those
PSAPs' coverage areas or population within 15
months of receipt of a PSAP request.
(b) Second, AT&T Wireless 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, AT&T Wireless 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, AT&T Wireless represents that it has
completed its Lucent switch upgrades by April 1, 2002, and agrees
that it must complete all other switch upgrades by August 1,
2002.
(e) Fifth, AT&T Wireless agrees that in the event it
fails to comply with any of the benchmarks set forth in paragraph
12(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
five 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. 200232100003, as well as AT&T Wireless's
FCC Registration Number (``FRN'') 0003-7665-32.
(f) Sixth, AT&T Wireless must file Quarterly Reports,
on its progress and compliance with the terms and conditions of
the Consent Decree and the wireless E911 rules, as set forth in
paragraphs 13-16, infra.15
(g) Seventh, with its August 1, 2002 Quarterly Report,
AT&T Wireless must submit a Phase II rollout plan describing how
it will prioritize PSAP requests and deploy Phase II service in
its TDMA and TDMA/AMPS network.
21. To assist in monitoring and enforcing each of the
conditions imposed on AT&T Wireless, AT&T Wireless must file
Quarterly Reports with the Chief of the Enforcement Bureau and
the Chief of the Wireless Telecommunications Bureau.16
22. Specifically, the Quarterly Reports must include
the following information:
(a) The Report must include information on all pending
Phase I and Phase II requests in AT&T Wireless's TDMA and
TDMA/AMPS network, including the name of the PSAP, the date the
request was received by the carrier, whether or not AT&T Wireless
considers it valid, and its status. To the extent any PSAP
request for Phase II service in AT&T Wireless's TDMA or TDMA/AMPS
network received after September 30, 2002 has been pending for
more than six months, AT&T Wireless must identify the specific
reasons underlying the failure to provide the requested service,
the steps AT&T Wireless has taken to resolve the problems, and
the anticipated date of full completion of the work necessary to
deliver the requested information to the PSAP in question. If
AT&T Wireless 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.
AT&T Wireless 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.17 In addition,
the Commission will post this information on its website.18 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 AT&T Wireless has met each deployment benchmark
and any other condition falling due in the period immediately
preceding the Quarterly Report, and, if not, the reasons for its
failure to comply. Each Quarterly Report must contain:
(1) a statement of whether AT&T Wireless's Phase
II service meets the Commission's network-based
accuracy requirements of 100 meters for 67 percent of
calls and 300 meters for 95 percent of calls;
(2) for the August 1, 2002 benchmark, a statement
of whether AT&T Wireless has completed its switch
upgrades;
(3) for the November 15, 2002 benchmark, a
statement of whether AT&T Wireless has deployed a Phase
II compliant technology at 1,000 cell sites;
(4) for the December 31, 2002 benchmark, a
statement of whether AT&T Wireless has deployed a Phase
II compliant technology at 2,000 cell sites and whether
AT&T Wireless is providing Phase II service at these
sites;
(5) for the April 1, 2003 benchmarks, statements
of whether: (i) for any valid PSAP requests for Phase
II service on its TDMA or TDMA/AMPS network received by
AT&T Wireless on or before February 28, 2002, AT&T
Wireless has provided its Phase II compliant solution
to 100% of those PSAPs' coverage areas or population;
and (ii) for any valid PSAP requests for Phase II
service on its TDMA or TDMA/AMPS network received by
AT&T Wireless after February 28, 2002, but on or before
September 30, 2002, AT&T Wireless has provided its
Phase II compliant solution to 50% of those PSAPs'
coverage areas or population;
(6) for the June 30, 2003 benchmark, a statement
of whether AT&T Wireless 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 AT&T Wireless after February 28, 2002, but
on or before September 30, 2002, AT&T Wireless has
provided its Phase II compliant solution to 100% of
those PSAPs' coverage areas or population;
(8) for the December 31, 2003 benchmark, a
statement of whether AT&T Wireless has deployed a
compliant Phase II technology at 6,000 cell sites;
(9) for the June 30, 2004 benchmark, a statement
of whether AT&T Wireless has deployed a compliant Phase
II technology at 8,000 cell sites; and
(10) for any valid PSAP request received after
September 30, 2002, a statement of whether AT&T
Wireless 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) AT&T Wireless must support each Quarterly Report
with an affidavit, from an officer or director of AT&T Wireless,
attesting to the truth and accuracy of the report.19
(d) To the extent AT&T Wireless 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 AT&T Wireless from possible
enforcement in cases where AT&T Wireless has violated a condition
of this Consent Decree. AT&T Wireless agrees that the Commission
will not entertain requests for additional relief that seek
changes in the conditions of this Consent Decree absent
extraordinary circumstances.
(e) To the extent that AT&T Wireless 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) AT&T Wireless'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 AT&T Wireless cannot provide any of the information filed 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.
23. The Parties agree that the Chiefs of the Wireless
Telecommunications Bureau and the Enforcement Bureau may require
AT&T Wireless to provide additional information in its Quarterly
Reports, in order to evaluate AT&T Wireless's compliance with the
terms and conditions of the Consent Decree, and its progress in
deploying Phase I and Phase II E911 services.
24. To the extent unexpected problems arise affecting
AT&T Wireless's ability to perform any of the requirements set
forth in paragraph 12(a) in the period between reports, AT&T
Wireless agrees to notify the Commission through a supplementary
filing to be filed within 30 days of AT&T Wireless's discovery of
the problem. This supplemental filing must include specific
details regarding the problems AT&T Wireless has encountered
affecting its ability to comply with the benchmark requirements.
25. AT&T Wireless agrees that it is required to comply
with each individual condition of this Consent Decree, including
the reporting requirements set forth above. Each specific
condition and Quarterly Report is a separate condition of the
Consent Decree as approved. In addition, AT&T Wireless 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 AT&T Wireless
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, AT&T Wireless'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 that the Commission, in response to
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.
26. AT&T Wireless 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. AT&T Wireless 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. 200232100003 and FRN 0003-
7665-32.
27. 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 AT&T Wireless for violation of
the E911 Phase II rules for its TDMA or TDMA/AMPS network 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 effective 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 AT&T Wireless 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 AT&T Wireless 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 consistent with the provisions of this Consent Decree.
28. 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 AT&T Wireless or its
subsidiaries for alleged violations of Section 20.18 of the Rules
as modified by this Consent Decree, 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.
29. AT&T Wireless 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.
30. 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 AT&T Wireless nor the FCC shall contest
the validity of the Consent Decree or Adopting Order, and AT&T
Wireless and the FCC shall waive any statutory right to a trial
de novo with respect to any matter upon which the Adopting Order
is based and shall consent to a judgment incorporating the terms
of this Consent Decree.
31. AT&T Wireless 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.
32. 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.
33. 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, AT&T Wireless does not admit any
liability for violating Commission rules in connection with the
matters that are the subject of this Consent Decree.
34. The Parties agree that any provision of the
Consent Decree that would require AT&T Wireless to act in
violation of a future rule or order adopted by the Commission
will be superseded by such Commission rule or order. In this
regard, the Parties agree that any Commission rule or order that
is more stringent than any provision of the Consent Decree
supersedes such provision of the Consent Decree.
35. This Consent Decree may be signed in counterparts.
For the Federal Communications Commission For AT&T
Wireless Services, Inc.
______________________________
______________________________
Marlene H. Dortch Douglas I. Brandon
Secretary Vice President, External
Affairs & Law
______________________________
______________________________
Date Date
_________________________
1 47 C.F.R. § 20.18.
2 47 U.S.C. §§ 154(i), 154(j) and 503(b).
3 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).
4 47 C.F.R. § 20.18(h)(2).
5 47 C.F.R. § 20.18(g).
6 47 C.F.R. § 20.18(h)(1).
7 47 C.F.R. § 20.18(i).
8 AT&T Wireless Services, Inc. Amended E911 Phase II Report,
at 7 (December 6, 2000).
9 Id.
10 AT&T Wireless Services, Inc., Request for Waiver of the
E911 Phase II Location Technology Implementation Rules, filed
April 4, 2001.
11 Letter from Douglas I. Brandon, Vice President - External
Affairs & Law, AT&T Wireless Services, Inc. to Thomas Sugrue,
Chief, Wireless Telecommunications Bureau, Federal Communications
Commission, CC Docket No. 94-102, filed September 17, 2001.
12 Public Notice, ``WTB Seeks Comment on Wireless E911 Phase
II Waiver Request Filed By AT&T Wireless Services, Inc.,'' CC
Docket No. 94-102, 16 FCC Rcd 7890 (WTB, 2001); Public Notice,
``WTB Seeks Comment on Wireless E911 Phase II Waiver Request
Filed by AT&T Wireless Services, Inc.'' CC Docket No. 94-102, 16
FCC Rcd 16820 (WTB, 2001).
13 Revision of the Commission's Rules to Ensure Compatibility
with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-
102, Order, 16 FCC Rcd 18253 (2001).
14 Because AT&T Wireless represents that it expects to have no
analog-only customers by the end of 2001, except for a relative
handful of customers who are highly-resistant to migrating to
digital service, on the basis of this representation, the
Commission agrees not to investigate AT&T Wireless for possible
violation of the E911 Phase II Rules for its analog-only network.
See Partial Response of AT&T Wireless Services, Inc. to Order of
the Wireless Telecommunications Bureau, CC Docket No. 94-102 at 3
(May 30, 2001).
15 These requirements are in addition to, and not in lieu of,
the Quarterly Report requirements set forth in the October 12,
2001 order approving AT&T Wireless's compliance plan and waiver
request for its GSM network. AT&T Wireless may, however, combine
the information required with respect to its GSM network and its
TDMA/AMPS networks into a single Quarterly Report.
16 Each of the conditions imposed on AT&T Wireless as
described in this Consent Decree pertains only to AT&T Wireless's
TDMA and TDMA/AMPS network.
17 AT&T Wireless 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 AT&T Wireless's
request for relief.
18 See .
19 See 47 C.F.R. § 1.16. As required by Section 20.18(h)(1)
of the Commission's Rules, AT&T Wireless'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.
AT&T Wireless 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.