Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cingular Wireless LLC ) File No. EB-02-TS-003
) NAL/Acct. No. 200332100003
) FRN 0004-9792-33
ORDER
Adopted: June 6, 2003 Released: June 12, 2003
By the Commission:
1. In this Order, we adopt a Consent Decree terminating an
investigation into possible violations by Cingular Wireless LLC
(``Cingular'') of the enhanced 911 (``E911'') Phase II provisions
of Section 20.18 of the Commission's Rules (``Rules'')1 for its
Global System for Mobile Communications (``GSM'') network and the
Commission Order granting Cingular a waiver of the E911 Phase II
rules for its GSM network.2
2. The Commission and Cingular have negotiated the terms
of a Consent Decree that would resolve this matter and terminate
the investigation. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. Based on the record before us, we conclude that no
substantial or material questions of fact exist as to whether
Cingular possesses the basic qualifications, including those
related to character, to hold or obtain any FCC license or
authorization.
4. After reviewing the terms of the Consent Decree, we
find that the public interest would be served by approving the
Consent Decree and terminating the investigation into Cingular's
possible violations of the E911 Phase II provisions of Section
20.18 of the Rules.
5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i)
and 4(j) of the Communications Act of 1934, as amended,3 that the
attached Consent Decree IS ADOPTED.
6. Cingular shall make its voluntary contribution to the
United States Treasury by mailing a check or similar instrument,
payable to the order of the Federal Communications Commission, to
the Federal Communications Commission, Forfeiture Collection
Section, Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-
7482. The payment should reference NAL/Acct. No. 200332100003
and FRN 0004-9792-33.
7. IT IS FURTHER ORDERED that the Commission investigation
into the matter described herein IS TERMINATED.
8. IT IS FURTHER ORDERED that the Secretary SHALL SIGN
the Consent Decree on behalf of the Commission.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
CONSENT DECREE
The Federal Communications Commission (``FCC'') and
Cingular Wireless LLC (``Cingular'') hereby enter into a Consent
Decree resolving possible violations by Cingular of the E911
Phase II provisions of Section 20.18 of the Commission's Rules,
47 C.F.R. § 20.18, and the requirements set forth in the
Commission order granting Cingular a waiver of the E911 Phase II
provisions for its Global System for Mobile Communications
(``GSM'') network.
Statement of Facts
1. On October 2, 2001, the Commission adopted an
order approving Cingular's plan to deploy a hybrid network and
handset-based technology called Enhanced Observed Time Difference
of Arrival (``E-OTD'') across its planned GSM network and
granting Cingular a temporary, conditional waiver of the accuracy
requirements for handset-based location technologies to permit
implementation of this plan.4 The GSM Waiver Order also referred
to the Enforcement Bureau the question of whether Cingular was in
compliance with its E911 deployment obligations.5 On November
13, 2001, Cingular filed a petition for reconsideration of the
GSM Waiver Order.6 In its petition for reconsideration, Cingular
proposed a revised set of handset deployment benchmarks. On
December 13, 2002, the Wireless Telecommunications Bureau issued
an Order dismissing Cingular's request for additional time in
which to meet the handset deployment benchmarks and referring
issues regarding Cingular's Phase II compliance in its GSM
network to the Enforcement Bureau.7
Terms of Settlement
2. For the purposes of this Consent Decree, the
following definitions shall apply:
(a) ``FCC'' or ``Commission'' means the Federal
Communications Commission.
(b) ``Parties'' means Cingular Wireless LLC and the
Federal Communications Commission.
(c) ``Cingular'' means Cingular Wireless LLC, its
subsidiaries, affiliates, partners, and any
successors or assigns that provide wireless
service subject to 47 C.F.R. § 20.18.
(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.
(g) ``Rules'' means the Commission's regulations found
in Title 47 of the Code of Federal Regulations.
(h) ``Act'' means the Communications Act of 1934, as
amended, 47 U.S.C. § 151 et seq.
(i) ``Valid PSAP Request'' means a Public Safety
Answering Point (``PSAP'') request for Phase I or
Phase II service as defined in the Commission's
rules governing E911 and any orders of the
Commission interpreting such rules. 8
(j) ``deploy'' means installation of all hardware and
base release software at a cell site necessary to
provide Phase II service.
3. The Parties agree that the provisions of this
Consent Decree shall be subject to final approval by the FCC by
incorporation of such provisions by reference in an Adopting
Order.
4. The Parties agree that this Consent Decree shall
become effective on the date on which the FCC releases the
Adopting Order. Upon release, the Adopting Order and this
Consent Decree shall have the same force and effect as any other
order of the Commission and any violation of 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.
5. Cingular agrees that the FCC has jurisdiction over
the matters contained in this Consent Decree and the authority to
enter into and adopt this Consent Decree.
6. The Parties agree and acknowledge that this
Consent Decree shall constitute a final settlement between
Cingular and the FCC regarding possible past violations of the
E911 Phase II rules for its GSM network and the GSM Waiver Order.
In consideration for termination by the Commission of its
investigation into whether Cingular has violated the E911 Phase
II rules for its GSM network and the GSM Waiver Order, and in
accordance with the terms of this Consent Decree, Cingular agrees
to the terms set forth herein.
7. In express reliance on the covenants and
representations in this Consent Decree, the FCC agrees to
terminate its investigation into whether Cingular has violated
the E911 Phase II rules for its GSM network and the GSM Waiver
Order without any finding of liability on the part of Cingular.
8. Cingular agrees to comply with the E911 Phase II
rules modified as follows:
(a) First, Cingular agrees:
(1) To deploy a Phase II compliant technology at
a minimum of 1,000 cell sites on its GSM network
by four months after the release of the Adopting
Order. In meeting this benchmark, Cingular must
give priority to fulfilling pending PSAP requests
first.
(2) To deploy a Phase II compliant technology at
a minimum of 2,000 cell sites on its GSM network
by six months after the release of the Adopting
Order. In meeting this benchmark, Cingular must
give priority to fulfilling pending PSAP requests
first.
(3) To deploy a Phase II compliant technology at
a minimum of 4,000 cell sites on its GSM network
and to provide Phase II service at 2,000 of these
sites by nine months after the release of the
Adopting Order. In meeting this benchmark,
Cingular must give priority to fulfilling pending
PSAP requests first.
(4) To deploy a Phase II compliant technology at
a minimum of 6,000 cell sites on its GSM network
by 15 months after the release of the Adopting
Order, if necessary to meet a Valid 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 on its GSM network
by 21 months after the release of the Adopting
Order, if necessary to meet a Valid PSAP Request
pending more than six months as of that date.
(6) For any Valid PSAP Requests for Phase II
service on its GSM network received by Cingular on
or before December 31, 2002, Cingular must provide
its Phase II compliant service to 100% of those
PSAPs' coverage areas or population by 14 months
after the release of the Adopting Order.
(7) For Valid PSAP Requests received after
December 31, 2002, but on or before April 30,
2003, Cingular must provide its Phase II compliant
service to 50% of those PSAPs' coverage areas or
population by no later than 14 months after the
release of the Adopting Order, and to 100% of
those PSAPs' coverage areas or population by no
later than 21 months after the release of the
Adopting Order.
(8) For Valid PSAP Requests received after April
30, 2003, but on or before November 30, 2003,
Cingular must provide its Phase II compliant
service to 50% of those PSAPs' coverage areas or
population within nine 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.
(9) For Valid PSAP Requests received after
November 30, 2003, Cingular 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, Cingular agrees that its classification of
a PSAP request as invalid will not insulate it from enforcement
action if the Commission determines that the request was valid.
(c) Third, Cingular states that it is relying on
vendor representations in agreeing to the deployment schedule set
forth herein and for its belief that a network-based solution
will satisfy the Commission's accuracy requirements.9
(d) Fourth, in any market where Cingular has received
a Valid PSAP Request and has not yet deployed its network-based
solution, when 100 percent of new digital GSM handsets being
activated by Cingular are location capable, Cingular may satisfy
that request using a Phase II compliant handset-based technology
to provide Phase II E911 service instead of its network-based
technology.
(e) Fifth, Cingular agrees that in the event it fails
to comply with any of the benchmarks set forth in paragraph
8(a)(1) through (5), it will make a voluntary contribution to the
United States Treasury in the amount of $337,500 for the first
missed benchmark, $675,000 for the second missed benchmark and
$1,350,000 for the third missed benchmark and any subsequently
missed benchmarks. Any such voluntary contribution will be made
within thirty (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. 200332100003, as well as Cingular's FCC
Registration Number (``FRN'') 0004-9792-33.
(f) Sixth, Cingular must file Quarterly Reports and a
supplemental report, on its progress and compliance with the
terms and conditions of the Consent Decree and the wireless E911
rules, as set forth in paragraphs 9-11, infra.10
(g) Seventh, with its August 1, 2003 Quarterly Report,
Cingular must submit a Phase II rollout plan describing how it
will prioritize PSAP requests and deploy Phase II service in its
GSM network.
9. To assist in monitoring and enforcing each of the
conditions imposed on Cingular, Cingular must file Quarterly
Reports with the Chief of the Enforcement Bureau and the Chief of
the Wireless Telecommunications Bureau regarding its GSM
network.11
10. 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 Cingular's GSM network,
including the name of the PSAP, the date the request was received
by the carrier, whether or not Cingular considers it valid, and
its status. To the extent any PSAP request for Phase II service
in Cingular's GSM network received after April 30, 2003 has been
pending for more than six months, Cingular must identify the
specific reasons underlying the failure to provide the requested
service, the steps Cingular has taken to resolve the problems,
and the anticipated date of full completion of the work necessary
to deliver the requested information to the PSAP in question. If
Cingular believes there are questions concerning a PSAP's
compliance with the conditions necessary for a valid Phase I or
II request, such as its readiness to receive and utilize Phase I
or Phase II information, it should identify specifically the
question and the efforts it has undertaken, including the
communications it has had with the PSAP, to resolve the question.
Cingular agrees to serve this report on the Association of
Public-Safety Communications Officials-International, Inc., the
National Emergency Number Association, and the National
Association of State Nine One One Administrators.12 In addition,
the Commission will post this information on its website.13 The
Parties agree that the Wireless Telecommunications Bureau may
require any additional steps necessary to ensure PSAP access to
this information.
(b) Each Quarterly Report also must contain statements
regarding whether Cingular has met each deployment benchmark
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 Cingular's network-
based technology for delivering E911 Phase II
location information 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 benchmark set forth in paragraph
8(a)(1), a statement of whether Cingular has
deployed a Phase II compliant technology at 1,000
cell sites, giving priority to fulfilling pending
PSAP requests and identifying the 1,000 cell
sites;14
(3) for the benchmark set forth in paragraph
8(a)(2), a statement of whether Cingular has
deployed a Phase II compliant technology at 2,000
cell sites, giving priority to fulfilling pending
PSAP requests and identifying the 2,000 cell
sites;
(4) for the benchmarks set forth in paragraph
8(a)(3), a statement of (i) whether Cingular has
deployed a Phase II compliant technology at 4,000
cell sites, giving priority to fulfilling pending
PSAP requests, and identifying the 4,000 cell
sites, and (ii) whether Cingular is providing
Phase II service at 2,000 of these sites, and
identifying the 2,000 cell sites;
(5) for the benchmark set forth in paragraph
8(a)(4), a statement of whether Cingular has
deployed a compliant Phase II technology at 6,000
cell sites;
(6) for the benchmark set forth in paragraph
8(a)(5), a statement of whether Cingular has
deployed a compliant Phase II technology at 8,000
cell sites;
(7) for the latter benchmark in paragraph
8(a)(7), a statement of whether, for any Valid
PSAP Requests for Phase II service on its GSM
network received by Cingular after December 31,
2002, but on or before April 30, 2003, Cingular
provided its Phase II compliant solution to 100%
of those PSAPs' coverage areas or population
within 21 months of release of the Adopting Order;
(8) for any Valid PSAP Request received after
April 30, 2003, but on or before November 30,
2003, a statement of whether Cingular has provided
its Phase II compliant service to 50% of those
PSAPs' coverage areas or population within nine
months of receipt of the request and to 100% of
those PSAPs' coverage areas or population within
15 months of receipt of the request; and
(9) for any Valid PSAP Request received after
November 30, 2003, a statement of whether Cingular
has provided its Phase II compliant service to 50%
of those PSAPs' coverage areas or population
within six months of receipt of the request and to
100% of those PSAPs' coverage areas or population
within 15 months of receipt of the request.
(c) Cingular must support each Quarterly Report with
an affidavit, from an officer or director of Cingular, attesting
to the truth and accuracy of the report.15
(d) To the extent Cingular anticipates that it will
fail to satisfy any one of the conditions herein, it must advise
the Commission of the problem within 30 days. Seeking relief
from that condition will not, in and of itself, insulate Cingular
from possible enforcement in cases where Cingular has violated a
condition of this Consent Decree. Cingular agrees that the
Commission will not entertain requests for additional relief that
seek changes in the conditions of this Consent Decree absent
extraordinary circumstances.
(e) Cingular must also file a supplemental report
within 15 days after the 14 months after release of the Adopting
Order benchmark, containing, for the 14 months after release of
the adopting order benchmark, statements of whether (i) for each
Valid PSAP Request for Phase II service on its GSM network
received by Cingular on or before December 31, 2002, Cingular has
provided its Phase II compliant solution to 100% of those PSAPs'
coverage areas or population; and (ii) for each Valid PSAP
Request for Phase II service on its GSM network received by
Cingular after December 31, 2002, but on or before April 30,
2003, Cingular has provided its Phase II compliant solution to
50% of those PSAPs' coverage areas or population.
(f) To the extent Cingular cannot provide the
information required under this paragraph in its next Quarterly
Report following the respective benchmark, it must file with the
Chief, Enforcement Bureau, a request for extension of time to
file the required information. Such request must be filed as
early as possible before the Quarterly Report filing date, but
generally no later than 10 business days prior to the Quarterly
Report filing date. The request must specify the reasons for the
request.
(g) Cingular's Quarterly Reports are due February 1,
May 1, August 1, and November 1 of each year, beginning August 1,
2003 and continuing through February 1, 2006. To the extent that
Cingular cannot provide any of the information required in its
final report, it must file with the Chief, Enforcement Bureau, a
request for extension of time to file the required information in
accordance with the procedures set forth above.
11. The Parties agree that the Chiefs of the Wireless
Telecommunications Bureau and the Enforcement Bureau may require
Cingular to provide additional information in its Quarterly
Reports, in order to evaluate Cingular' compliance with the terms
and conditions of the Consent Decree, and its progress in
deploying Phase I and Phase II E911 services.
12. To the extent unexpected problems arise affecting
Cingular's ability to perform any of the requirements set forth
in paragraph 8(a) in the period between reports, Cingular agrees
to notify the Commission through a supplementary filing to be
filed within 30 days of Cingular's discovery of the problem.
This supplemental filing must include specific details regarding
the problems Cingular has encountered affecting its ability to
comply with the benchmark requirements.
13. For the benchmark specified in paragraph
8(a)(3), Cingular must demonstrate compliance by filing, prior to
the benchmark date, a statement (i) whether Cingular has deployed
a Phase II compliant technology at 4,000 cell sites, giving
priority to fulfilling pending PSAP requests, and identifying the
4,000 cell sites, and (ii) whether Cingular is providing Phase II
service at 2,000 of these sites, and identifying the 2,000 cell
sites.
14. In the event that Cingular cannot meet the benchmarks
specified in paragraphs 8(a)(3), (6), (7), (8), (9) for provision
of Phase II service, because PSAPs served by certain of the cell
sites at which the Phase II compliant technology has been
deployed are not capable of receiving and utilizing the Phase II
information, it must file, before the benchmark date, a
notification of its intention to file certifications with respect
to these PSAPs that comply with requirements set forth in
Revision of the Commission's Rules to Ensure Compatibility with
Enhanced 911 Emergency Calling Systems, Petition of City of
Richardson, Texas, CC Docket No. 94-102, 17 FCC Rcd 24282
(2002)(``City of Richardson Reconsideration Order''). Within 30
days after the benchmark date, Cingular must file either (1) the
relevant certifications or (2) proposed certifications and PSAP
responses.16 Cingular will be deemed to have satisfied the
relevant benchmark if it files a certification (i.e., PSAP does
not object to readiness classification) and that certification is
not deemed invalid or the Commission ultimately determines that
the failure to supply Phase II data was due to PSAP readiness
issues.
15. As of the effective date hereof, this Consent
Decree shall supersede the GSM Waiver Order and the requirements
contained therein and such Order and requirements shall be of no
force or effect.
16. Cingular agrees that it is required to comply with
each individual condition of this Consent Decree, including the
reporting requirements set forth. Each specific condition and
Quarterly Report is a separate condition of the Consent Decree as
approved. In addition, Cingular remains subject to all other
requirements of the Commission's wireless E911 rules apart from
those specifically modified in this Consent Decree, and
ultimately responsible for providing timely, compliant Phase II
service. To the extent that Cingular fails to satisfy any
condition or Commission rule, in the absence of Commission
alteration of the condition or rule, it will be deemed
noncompliant and referred to the Commission's Enforcement Bureau
for possible action, including but not limited to revocation of
the relief, a requirement to deploy an alternative ALI
technology, letters of admonishment or forfeitures. At that time
an assertion that a vendor, manufacturer or other entity was
unable to supply compliant products will not excuse
noncompliance. However, Cingular's ``concrete and timely''
actions taken with a vendor, manufacturer or other entity may be
considered as possible mitigation factors in such an enforcement
context. To the extent that the Commission, in response to
petitions for reconsideration 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), 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),
Revision of the Commission's Rules to Ensure Compatibility with
Enhanced 911 Emergency Calling Systems, Petition of City of
Richardson, Texas, CC Docket No. 94-102, 17 FCC Rcd 24282 (2002),
or Revision of the Commission's Rules to Ensure Compatibility
with Enhanced 911 Emergency Calling Systems, Petition of City of
Richardson, Texas, CC Docket No. 94-102, Order on
Reconsideration, FCC 02-318, 68 Fed. Reg. 2914 (2003), 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.
17. Cingular agrees to make a voluntary contribution
to the United States Treasury in the amount of Six Hundred
Seventy Five Thousand Dollars ($675,000) within thirty (30) days
after the Effective Date. Cingular will make this contribution
without further protest or recourse by mailing a check or similar
instrument, payable to the order of the Federal Communications
Commission, to the Federal Communications Commission, Forfeiture
Collection Section, Finance Branch, P.O. Box 73482, Chicago,
Illinois 60673-7482. The payment should reference NAL/Acct. No.
200332100003 and FRN 0004-9792-33.
18. The FCC agrees that it will not institute, on its
own motion, any new proceeding, formal or informal, or take any
action on its own motion against Cingular for possible past
violations of the E911 Phase II rules and the GSM Waiver Order
with respect to its GSM network. 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
Cingular with respect to its basic qualifications, including the
character qualifications, to be a Commission licensee. Nothing
in this Consent Decree shall prevent the FCC from instituting new
investigations or enforcement proceedings against Cingular
pursuant to Sections 4(i), 403 and 503 of the Act, 47 U.S.C. §§
4(i), 403 and 503, in the event of any alleged future misconduct,
for violation of this Consent Decree, or for violation of the
E911 Phase II rules consistent with the provisions of this
Consent Decree.
19. Nothing in this Consent Decree shall prevent the
FCC from adjudicating complaints filed pursuant to Section 208 of
the Act, 47 U.S.C. § 208, against Cingular or its subsidiaries
for alleged violations of Section 20.18 of the Rules 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.
20. Cingular waives any and all rights it may have to
seek administrative or judicial reconsideration, review, appeal
or stay, or to otherwise challenge or contest the validity of
this Consent Decree and the Adopting Order, provided the Adopting
Order adopts the Consent Decree without change, addition or
modification.
21. If either Party (or the United States on behalf of
the FCC) brings a judicial action to enforce the terms of the
Adopting Order, neither Cingular nor the FCC shall contest the
validity of the Consent Decree or Adopting Order. Cingular
retains the right to challenge the FCC's interpretation of the
Consent Decree or any terms contained therein.
22. Cingular agrees to waive any claims it may
otherwise have under the Equal Access to Justice Act, 5 U.S.C. §
504 and 47 C.F.R. § 1.1501 et seq., relating to the matters
discussed in this Consent Decree.
23. 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.
24. 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, or the GSM Waiver Order.
The Parties agree that this Consent Decree is for settlement
purposes only and that by agreeing to this Consent Decree,
Cingular does not admit or deny any liability for violating
Commission rules in connection with the matters that are the
subject of this Consent Decree.
25. The Parties agree that any provision of the
Consent Decree that would require Cingular to act in violation of
a future rule or order adopted by the Commission will be
superseded by such Commission rule or order. 26. This Consent Decree may be signed in
counterparts.
For the Federal Communications Commission For Cingular
Wireless LLC
______________________________
______________________________
Marlene H. Dortch Carol L. Tacker
Secretary Vice President and Assistant
General Counsel, Corporate
Secretary and Chief Compliance
Officer
______________________________
______________________________
Date Date
_________________________
1 47 C.F.R. § 20.18.
2 Revision of the Commission's Rules to Ensure Compatibility
with Enhanced 911 Emergency Calling Systems, (Request for Waiver
by Cingular Wireless LLC), CC Docket No. 94-102, 16 FCC Rcd 18305
(2001).
3 47 U.S.C. §§ 154(i) and 154(j).
4 Revision of the Commission's Rules to Ensure Compatibility
with Enhanced 911 Emergency Calling Systems, (Request for Waiver
by Cingular Wireless LLC), CC Docket No. 94-102, 16 FCC Rcd 18305
(2001) (``GSM Waiver Order'').
5 GSM Waiver Order at ¶ 23.
6 Cingular Wireless LLC, Petition for Reconsideration, CC
Docket No. 94-102, (November 13, 2001).
7 Revision of the Commission's Rules to Ensure Compatibility
with Enhanced 911 Emergency Calling Systems, (Cingular Wireless
LLC's Petition for Reconsideration), CC Docket No. 94-102, 17 FCC
Rcd 24910 (2002).
8 See 47 C.F.R. § 20.18(j); Order on Reconsideration, CC
Docket No. 94-102, FCC 02-318, at App. B (rel. Nov. 26, 2002),
erratum, (rel. Dec. 20, 2002) (amending Section 20.18(j)).
9 As required by Section 20.18(h)(1) of the Commission's Rules
Cingular's network-based technology for delivering E911 Phase II
location information must meet the following standard for
location accuracy: 100 meters for 67 percent of calls, 300 meters
for 95 percent of calls. If Cingular deploys E-OTD technology in
the alternative, see infra para. 8(d), that technology will meet
the following standards for location accuracy: initially, 100
meters for 67 percent of calls, 300 meters for 95 percent of
calls; after October 1, 2003, 50 meters for 67 percent of calls,
150 meters for 95 percent of calls. Regardless of the technology
used, Cingular will derive its network-wide location accuracy
measurements by selecting the 67 percent and 95 percent accuracy
numbers from 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. Cingular's
location accuracy testing should be consistent with the
guidelines in OET Bulletin No. 71, which states that accuracy
testing may be based on, among other things, the coverage areas
of local PSAPs that request Phase II deployment or the wireless
carrier's entire advertised coverage area within a metropolitan
area.
10 These requirements are in lieu of the Quarterly Report
requirements set forth in the October 12, 2001 GSM Waiver Order,
but are in addition to the Quarterly Report requirements set
forth in the May 9, 2002 TDMA Consent Decree. Cingular may,
however, combine the information required with respect to its GSM
network and its TDMA/AMPS networks into a single Quarterly
Report.
11 Each of the conditions imposed on Cingular as described in
this Consent Decree pertains only to Cingular's GSM network.
12 Cingular should serve the Executive Director of each
organization as well as its counsel, to the extent such counsel
has been identified in the record in response to Cingular's
request for relief.
13 See .
14 In the Quarterly Reports, where Cingular is required to
identify specific cell sites where it has either deployed a Phase
II compliant technology or where it is providing Phase II
service, it may do so by identifying the PSAP served by the cell
sites, and the number of cell sites associated with each PSAP.
For example, it could report that Phase II technology has been
deployed to County A PSAP, covering 300 cell sites; Locality B
PSAP, covering 600 cell sites, and Municipality C PSAP, covering
100 cell sites, for a total of 1,000 cell sites.
15 See 47 CFR §1.16.
16 City of Richardson Reconsideration Order at para. 16.