PUBLIC NOTICE Federal Communications Commission 445 12th Street


Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
News media information 202 /418-0500
Fax-On-Demand 202 / 418-2830


DA 00-1098
Released: May 18, 2000

(CC Docket No. 94-102, WT Docket No. 00-80)

Comments Due: June 19, 2000
Reply Comments Due: July 5, 2000

On April 28, 2000, the Texas 911 Agencies,

(1)the National Emergency Number Association (NENA), the Association ofPublic-Safety Communications Officials-International, Inc. (APCO) and theNational Association of State Nine-One-One Administrators (NASNA) (collectively,the Public Safety Entities) filed a letter with the Federal CommunicationsCommission (Commission) seeking further consideration of call back number issuesassociated with non-service initialized 911 calls.

Phase I Enhanced 911 rules require that a dialable number accompany each 911call to enable Public Safety Answering Points (“PSAPs”) dispatchers toeither call back if the call is disconnected or obtainadditional information.

(2)In its E911 First Report and Order, the Commission recognized that itwould not always be possible for carriers to provide reliable call back numbersfor all wireless 911 calls.(3)Thus, the Commission exempted covered carriers(4)from providing reliable call back numbers to PSAPs in cases where the wirelesstelephone is not associated with a dialable telephone number, such as thosedesigned or offered on an originate-only rate plan or those never initializedwith an underlying carrier service.(5)

The Public Safety Entities note that, increasingly, refurbished wirelesstelephones are being distributed by many organizations. While not challengingthe benefits of these donations, the Public Safety Entities note that thesedistributed telephones and other 911-only non-serviced initialized telephones,may not provide valid call back emergency information even when used in areaswhere 911 Phase I services have been implemented. The Public Safety Entitiesassert that increased sales and use of these wireless telephones create a publicsafety concern that should be further considered. Accordingly, the Public SafetyEntities request that the Commission seek additional comment concerning callback capabilities for non-serviced initialized handsets and address whetherfurther Commission action, such as technical solutions or educational programs,is needed or appropriate.

This is a “permit but disclose” proceeding pursuant to §1.1206 ofthe Commission’s rules. Presentations to or from Commission decision-makingpersonnel are permissible provided that ex parte presentations aredisclosed pursuant to 47 C.F.R. §1.1206(b).

Parties interested in filing comments may do so on or before June 19, 2000;reply comments are due on or before July 5, 2000. To file formally, parties mustsubmit an original and four copies to the Office of the Secretary, FederalCommunications Commission, 445 12th Street, S.W., TW-A325,Washington, D.C. 20554. In addition, parties must submit one copy to Jay Whaley, Policy Division, Wireless Telecommunications Bureau, Federal CommunicationsCommission, 445 12th Street, S.W., Washington, D.C. 20554. The PublicSafety Entities letter can be found in the following dockets: CC Docket No.94-102 and WT Docket No. 00-80. Comments and reply comments will be availablefor public inspection during regular business hours in the FCC Public ReferenceRoom, Room CY-A257, 445 12th Street, S.W., Washington, D.C. 20554.

For further information concerning this proceeding, contact Jay Whaley,Policy Division, Wireless Telecommunications Bureau at (202) 418-1310.



The Texas 911 Agencies are comprised of theTexas Commission of State Emergency Communications (a state agency) and thefollowing local Texas Emergency Communications Districts: Tarrant County 911District, Bexar Metro 911 Network, Brazos County Emergency CommunicationDistrict, DENCO Area 911 District, 911 Network of East Texas, Galveston CountyEmergency Communication District, Greater Harris County 911 Emergency Network,Henderson County 911 Communication District, Howard County 911 CommunicationDistrict, Kerr Emergency 911 Network, Lubbock County Emergency CommunicationDistrict, McLennan County Emergency Assistance District, Midland EmergencyCommunication District, Montgomery County Emergency Communication District,Potter-Randall County Emergency Communication District, and Texas Eastern 911Network.

2 47 C.F.R. § 20.18(d).

3 In the Matter of Revision of the Commission’s Rules to EnsureCompatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102,Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd18676, 18694-96 ¶ 35, 38 (1996) (E911 First Report and Order).

4 Covered Carriers are Broadband Personal Communication Services,Cellular Radio Telephone Services, and Geographic Area Specialized Mobile RadioServices and Incumbent Wide Area SMR Licensees in the 800 MHz and 900 MHz bandsto the extent that they offer “in-network” switching, and have thecapability to hand off calls seamlessly without manual subscriber interventionand reuse of frequencies. 47 C.F.R. § 20.18(a).

5 In the Matter of Revision of the Commission’s Rules to EnsureCompatibility with Enhanced 911 Emergency Calling Systems, CC Docket No. 94-102,Memorandum Opinion and Order, 12 FCC Rcd 22665, 22718-19 ¶ 109-110(1997) (First Reconsideration Order).