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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cingular Wireless LLC ) File No. EB-02-TS-003
)
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.