§  20.18   911 Service.

   (a) Scope of section . The following requirements are only applicable
   to CMRS providers, excluding mobile satellite service (MSS) operators,
   to the extent that they:

   (1) Offer real-time, two way switched voice service that is
   interconnected with the public switched network; and

   (2) Utilize an in-network switching facility that enables the provider
   to reuse frequencies and accomplish seamless hand-offs of subscriber
   calls. These requirements are applicable to entities that offer voice
   service to consumers by purchasing airtime or capacity at wholesale
   rates from CMRS licensees.

   (b) Basic 911 Service. CMRS providers subject to this section must
   transmit all wireless 911 calls without respect to their call
   validation process to a Public Safety Answering Point, or, where no
   Public Safety Answering Point has been designated, to a designated
   statewide default answering point or appropriate local emergency
   authority pursuant to § 64.3001 of this chapter, provided that "all
   wireless 911 calls" is defined as "any call initiated by a wireless
   user dialing 911 on a phone using a compliant radio frequency protocol
   of the serving carrier."

   (c) TTY Access to 911 Services. CMRS providers subject to this section
   must be capable of transmitting 911 calls from individuals with speech
   or hearing disabilities through means other than mobile radio handsets,
   e.g. , through the use of Text Telephone Devices (TTY).

   (d) Phase I enhanced 911 services. (1) As of April 1, 1998, or within
   six months of a request by the designated Public Safety Answering Point
   as set forth in paragraph (j) of this section, whichever is later,
   licensees subject to this section must provide 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 to the designated Public Safety Answering Point through the use
   of ANI and Pseudo-ANI.

   (2) When the directory number of the handset used to originate a 911
   call is not available to the serving carrier, such carrier's
   obligations under the paragraph (d)(1) of this section extend only to
   delivering 911 calls and available call party information, including
   that prescribed in paragraph (l) of this section, to the designated
   Public Safety Answering Point.

   Note to paragraph (d): With respect to 911 calls accessing their
   systems through the use of TTYs, licensees subject to this section must
   comply with the requirements in paragraphs (d)(1) and (d)(2) of this
   section, as to calls made using a digital wireless system, as of
   October 1, 1998.

   (e) Phase II enhanced 911 service. Licensees subject to this section
   must provide to the designated Public Safety Answering Point Phase II
   enhanced 911 service, i.e. , the location of all 911 calls by longitude
   and latitude in conformance with Phase II accuracy requirements ( see
   paragraph (h) of this section).

   (f) Phase-in for network-based location technologies. Licensees subject
   to this section who employ a network-based location technology shall
   provide Phase II 911 enhanced service to at least 50 percent of their
   coverage area or 50 percent of their population beginning October 1,
   2001, or within 6 months of a PSAP request, whichever is later; and to
   100 percent of their coverage area or 100 percent of their population
   within 18 months of such a request or by October 1, 2002, whichever is
   later.

   (g) Phase-in for handset-based location technologies. Licensees subject
   to this section who employ a handset-based location technology may
   phase in deployment of Phase II enhanced 911 service, subject to the
   following requirements:

   (1) Without respect to any PSAP request for deployment of Phase II 911
   enhanced service, the licensee shall:

   (i) Begin selling and activating location-capable handsets no later
   than October 1, 2001;

   (ii) Ensure that at least 25 percent of all new handsets activated are
   location-capable no later than December 31, 2001;

   (iii) Ensure that at least 50 percent of all new handsets activated are
   location-capable no later than June 30, 2002; and

   (iv) Ensure that 100 percent of all new digital handsets activated are
   location-capable no later than December 31, 2002, and thereafter.

   (v) By December 31, 2005, achieve 95 percent penetration of
   location-capable handsets among its subscribers.

   (vi) Licensees that meet the enhanced 911 compliance obligations
   through GPS-enabled handsets and have commercial agreements with
   resellers will not be required to include the resellers' handset counts
   in their compliance percentages.

   (2) Once a PSAP request is received, the licensee shall, in the area
   served by the PSAP, within six months or by October 1, 2001, whichever
   is later:

   (i) Install any hardware and/or software in the CMRS network and/or
   other fixed infrastructure, as needed, to enable the provision of Phase
   II enhanced 911 service; and

   (ii) Begin delivering Phase II enhanced 911 service to the PSAP.

   (3) For all 911 calls from portable or mobile phones that do not
   contain the hardware and/or software needed to enable the licensee to
   provide Phase II enhanced 911 service, the licensee shall, after a PSAP
   request is received, support, in the area served by the PSAP, Phase I
   location for 911 calls or other available best practice method of
   providing the location of the portable or mobile phone to the PSAP.

   (4) Licensees employing handset-based location technologies shall
   ensure that location-capable portable or mobile phones shall conform to
   industry interoperability standards designed to enable the location of
   such phones by multiple licensees.

   (h) Phase II accuracy . (1) By September 11, 2012, licensees subject to
   this section shall comply with the following standards for Phase II
   location accuracy and reliability, to be tested and measured at the
   PSAP service area geographic level:

   (i) For network-based technologies: 100 meters for 67 percent of calls,
   300 meters for 95 percent of calls;

   (ii) For handset-based technologies: 50 meters for 67 percent of calls,
   150 meters for 95 percent of calls.

   (iii) For the remaining 5 percent of calls, location attempts must be
   made and a location estimate must be provided to the appropriate PSAP.

   (2) By the dates specified in this paragraph, carriers must satisfy the
   following requirements:

   (i) By September 11, 2008, carriers must satisfy the location accuracy
   standards in paragraph (h)(1) of this section within each Economic Area
   (EA) in which that carrier operates;

   (ii) By September 11, 2009, carriers must file with the Commission a
   report describing the status of their ongoing efforts to comply with
   § 20.18(h);

   (iii) By September 11, 2010, carriers must:

   (A) Satisfy the location accuracy standards in paragraph (h)(1) of this
   section within each Metropolitan Statistical Area (MSA) and Rural
   Service Area (RSA) in which that carrier operates;

   (B) Demonstrate PSAP-level compliance with the location accuracy
   standards in paragraph (h)(1) of this section within at least 75% of
   the PSAPs the carrier serves; and

   (C) Demonstrate accuracy in all PSAP service areas within at least 50%
   of the applicable location accuracy standard ( i.e. , a carrier subject
   to the location accuracy standards in paragraph (h)(1)(ii) of this
   section must achieve location accuracy of 75 meters for 67 percent of
   calls in all PSAPs).

   (iv) By September 11, 2011, carriers must file with the Commission a
   report describing the status of their ongoing efforts to comply with
   § 20.18(h).

   (v) By September 11, 2012, carriers must be in full compliance with
   § 20.18(h) at the PSAP service area level.

   (3) In assessing their compliance with the requirements of this
   section, carriers must include only those PSAPs that are capable of
   receiving Phase II location data.

   (i) Reports on Phase II plans. Licensees subject to this section shall
   report to the Commission their plans for implementing Phase II enhanced
   911 service, including the location-determination technology they plan
   to employ and the procedure they intend to use to verify conformance
   with the Phase II accuracy requirements by November 9, 2000. Licensees
   are required to update these plans within thirty days of the adoption
   of any change. These reports and updates may be filed electronically in
   a manner to be designated by the Commission.

   (j) Conditions for enhanced 911 services --(1) Generally. The
   requirements set forth in paragraphs (d) through (h) of this section
   shall be applicable only if the administrator of the designated Public
   Safety Answering Point has requested the services required under those
   paragraphs and the Public Safety Answering Point is capable of
   receiving and utilizing the data elements associated with the service
   and a mechanism for recovering the Public Safety Answering Point's
   costs of the enhanced 911 service is in place.

   (2) Commencement of six-month period. (i) Except as provided in
   paragraph (ii) of this section, for purposes of commencing the
   six-month period for carrier implementation specified in paragraphs
   (d), (f) and (g) of this section, a PSAP will be deemed capable of
   receiving and utilizing the data elements associated with the service
   requested, if it can demonstrate that it has:

   (A) Ordered the necessary equipment and has commitments from suppliers
   to have it installed and operational within such six-month period; and

   (B) Made a timely request to the appropriate local exchange carrier for
   the necessary trunking, upgrades, and other facilities.

   (ii) For purposes of commencing the six-month period for carrier
   implementation specified in paragraphs (f) and (g) of this section, a
   PSAP that is Phase I-capable using a Non-Call Path Associated Signaling
   (NCAS) technology will be deemed capable of receiving and utilizing the
   data elements associated with Phase II service if it can demonstrate
   that it has made a timely request to the appropriate local exchange
   carrier for the ALI database upgrade necessary to receive the Phase II
   information.

   (3) Tolling of six-month period. Where a wireless carrier has served a
   written request for documentation on the PSAP within 15 days of
   receiving the PSAP's request for Phase I or Phase II enhanced 911
   service, and the PSAP fails to respond to such request within 15 days
   of such service, the six-month period for carrier implementation
   specified in paragraphs (d), (f), and (g) of this section will be
   tolled until the PSAP provides the carrier with such documentation.

   (4) Carrier certification regarding PSAP readiness issues. At the end
   of the six-month period for carrier implementation specified in
   paragraphs (d), (f) and (g) of this section, a wireless carrier that
   believes that the PSAP is not capable of receiving and utilizing the
   data elements associated with the service requested may file a
   certification with the Commission. Upon filing and service of such
   certification, the carrier may suspend further implementation efforts,
   except as provided in paragraph (j)(4)(x) of this section.

   (i) As a prerequisite to filing such certification, no later than 21
   days prior to such filing, the wireless carrier must notify the
   affected PSAP, in writing, of its intent to file such certification.
   Any response that the carrier receives from the PSAP must be included
   with the carrier's certification filing.

   (ii) The certification process shall be subject to the procedural
   requirements set forth in sections 1.45 and 1.47 of this chapter.

   (iii) The certification must be in the form of an affidavit signed by a
   director or officer of the carrier, documenting:

   (A) The basis for the carrier's determination that the PSAP will not be
   ready;

   (B) Each of the specific steps the carrier has taken to provide the
   E911 service requested;

   (C) The reasons why further implementation efforts cannot be made until
   the PSAP becomes capable of receiving and utilizing the data elements
   associated with the E911 service requested; and

   (D) The specific steps that remain to be completed by the wireless
   carrier and, to the extent known, the PSAP or other parties before the
   carrier can provide the E911 service requested.

   (iv) All affidavits must be correct. The carrier must ensure that its
   affidavit is correct, and the certifying director or officer has the
   duty to personally determine that the affidavit is correct.

   (v) A carrier may not engage in a practice of filing inadequate or
   incomplete certifications for the purpose of delaying its
   responsibilities.

   (vi) To be eligible to make a certification, the wireless carrier must
   have completed all necessary steps toward E911 implementation that are
   not dependent on PSAP readiness.

   (vii) A copy of the certification must be served on the PSAP in
   accordance with § 1.47 of this chapter. The PSAP may challenge in
   writing the accuracy of the carrier's certification and shall serve a
   copy of such challenge on the carrier. See § § 1.45 and 1.47 and
   § § 1.720 through 1.736 of this chapter.

   (viii) If a wireless carrier's certification is facially inadequate,
   the six-month implementation period specified in paragraphs (d), (f)
   and (g) of this section will not be suspended as provided for in
   paragraph (j)(4) of this section.

   (ix) If a wireless carrier's certification is inaccurate, the wireless
   carrier will be liable for noncompliance as if the certification had
   not been filed.

   (x) A carrier that files a certification under paragraph (j)(4) of this
   section shall have 90 days from receipt of the PSAP's written notice
   that it is capable of receiving and utilizing the data elements
   associated with the service requested to provide such service in
   accordance with the requirements of paragraphs (d) through (h) of this
   section.

   (5) Modification of deadlines by agreement. Nothing in this section
   shall prevent Public Safety Answering Points and carriers from
   establishing, by mutual consent, deadlines different from those imposed
   for carrier and PSAP compliance in paragraphs (d), (f), and (g)(2) of
   this section.

   (k) Dispatch service. A service provider covered by this section who
   offers dispatch service to customers may meet the requirements of this
   section with respect to customers who utilize dispatch service either
   by complying with the requirements set forth in paragraphs (b) through
   (e) of this section, or by routing the customer's emergency calls
   through a dispatcher. If the service provider chooses the latter
   alternative, it must make every reasonable effort to explicitly notify
   its current and potential dispatch customers and their users that they
   are not able to directly reach a PSAP by calling 911 and that, in the
   event of an emergency, the dispatcher should be contacted.

   (l) Non-service-initialized handsets. (1) Licensees subject to this
   section that donate a non-service-initialized handset for purposes of
   providing access to 911 services are required to:

   (i) Program each handset with 911 plus the decimal representation of
   the seven least significant digits of the Electronic Serial Number,
   International Mobile Equipment Identifier, or any other identifier
   unique to that handset;

   (ii) Affix to each handset a label which is designed to withstand the
   length of service expected for a non-service-initialized phone, and
   which notifies the user that the handset can only be used to dial 911,
   that the 911 operator will not be able to call the user back, and that
   the user should convey the exact location of the emergency as soon as
   possible; and

   (iii) Institute a public education program to provide the users of such
   handsets with information regarding the limitations of
   non-service-initialized handsets.

   (2) Manufacturers of 911-only handsets that are manufactured on or
   after May 3, 2004, are required to:

   (i) Program each handset with 911 plus the decimal representation of
   the seven least significant digits of the Electronic Serial Number,
   International Mobile Equipment Identifier, or any other identifier
   unique to that handset;

   (ii) Affix to each handset a label which is designed to withstand the
   length of service expected for a non-service-initialized phone, and
   which notifies the user that the handset can only be used to dial 911,
   that the 911 operator will not be able to call the user back, and that
   the user should convey the exact location of the emergency as soon as
   possible; and

   (iii) Institute a public education program to provide the users of such
   handsets with information regarding the limitations of 911-only
   handsets.

   (3) Definitions. The following definitions apply for purposes of this
   paragraph.

   (i) Non-service-initialized handset. A handset for which there is no
   valid service contract with a provider of the services enumerated in
   paragraph (a) of this section.

   (ii) 911-only handset. A non-service-initialized handset that is
   manufactured with the capability of dialing 911 only and that cannot
   receive incoming calls.

   (m) Reseller obligation. (1) Beginning December 31, 2006, resellers
   have an obligation, independent of the underlying licensee, to provide
   access to basic and enhanced 911 service to the extent that the
   underlying licensee of the facilities the reseller uses to provide
   access to the public switched network complies with sections
   20.18(d)-(g).

   (2) Resellers have an independent obligation to ensure that all
   handsets or other devices offered to their customers for voice
   communications and sold after December 31, 2006 are capable of
   transmitting enhanced 911 information to the appropriate PSAP, in
   accordance with the accuracy requirements of section 20.18(i).

   [ 63 FR 2637 , Jan. 16, 1998, as amended at  64 FR 60130 , Nov. 4, 1999;  64 FR 72956 , Dec. 29, 1999;  65 FR 58661 , Oct. 2, 2000;  65 FR 82295 , Dec.
   28, 2000;  66 FR 55623 , Nov. 2, 2001;  67 FR 1648 , Jan. 14, 2002;  67 FR 36117 , May 23, 2002;  68 FR 2918 , Jan. 22, 2003;  69 FR 2519 , Jan. 16,
   2004;  69 FR 6581 , Feb. 11, 2004;  72 FR 27708 , May 16, 2007;  73 FR 8625 ,
   Feb. 14, 2008]

   Effective Date Notes:   1. At  68 FR 2918 , Jan. 22, 2003, § 20.18,
   paragraph (j) was revised. Paragraphs (j)(4) and (5) contain
   information collection and recordkeeping requirements and will not
   become effective until approval has been given by the Office of
   Management and Budget.

   2. At  72 FR 27708 , May 16, 2007, § 20.18, paragraph (a) was revised.
   The paragraph contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.

   3. At  73 FR 8625 , Feb. 14, 2008, § 20.18, paragraph (h) was revised.
   Paragraph (h) contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.