§  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. Licensees subject to this section shall comply
   with the following standards for Phase II location accuracy and
   reliability, to be tested and measured either at the county or at the
   PSAP service area geographic level, based on outdoor measurements only:

   (1) Network-based technologies:

   (i) 100 meters for 67 percent of calls, consistent with the following
   benchmarks:

   (A) One year from January 18, 2011, carriers shall comply with this
   standard in 60 percent of counties or PSAP service areas. These
   counties or PSAP service areas must cover at least 70 percent of the
   population covered by the carrier across its entire network. Compliance
   will be measured on a per-county or per-PSAP basis using, at the
   carrier's election, either

   ( 1 ) Network-based accuracy data, or

   ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this
   section.

   (B) Three years from January 18, 2011, carriers shall comply with this
   standard in 70 percent of counties or PSAP service areas. These
   counties or PSAP service areas must cover at least 80 percent of the
   population covered by the carrier across its entire network. Compliance
   will be measured on a per-county or per-PSAP basis using, at the
   carrier's election, either

   ( 1 ) Network-based accuracy data, or

   ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this
   section.

   (C) Five years from January 18, 2011, carriers shall comply with this
   standard in 100% of counties or PSAP service areas covered by the
   carrier. Compliance will be measured on a per-county or per-PSAP basis,
   using, at the carrier's election, either

   ( 1 ) Network-based accuracy data,

   ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this
   section, or

   ( 3 ) Handset-based accuracy data as provided in paragraph (h)(1)(v) of
   this section.

   (ii) 300 meters for 90 percent of calls, consistent with the following
   benchmarks:

   (A) Three years from January 18, 2011, carriers shall comply with this
   standard in 60 percent of counties or PSAP service areas. These
   counties or PSAP service areas must cover at least 70 percent of the
   population covered by the carrier across its entire network. Compliance
   will be measured on a per-county or per-PSAP basis using, at the
   carrier's election, either

   ( 1 ) Network-based accuracy data, or

   ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this
   section.

   (B) Five years from January 18, 2011, carriers shall comply in 70
   percent of counties or PSAP service areas. These counties or PSAP
   service areas must cover at least 80 percent of the population covered
   by the carrier across its entire network. Compliance will be measured
   on a per-county or per-PSAP basis using, at the carrier's election,
   either

   ( 1 ) Network-based accuracy data, or

   ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this
   section.

   (C) Eight years from January 18, 2011, carriers shall comply in 85
   percent of counties or PSAP service areas. Compliance will be measured
   on a per-county or per-PSAP basis using, at the carrier's election,
   either

   ( 1 ) Network-based accuracy data,

   ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this
   section, or

   ( 3 ) Handset-based accuracy data as provided in paragraph (h)(1)(v) of
   this section.

   (iii) County-level or PSAP-level location accuracy standards for
   network-based technologies will be applicable to those counties or PSAP
   service areas, on an individual basis, in which a network-based carrier
   has deployed Phase II in at least one cell site located within a
   county's or PSAP service area's boundary. Compliance with the
   requirements of paragraph (h)(1)(i) and paragraph (h)(1)(ii) of this
   section shall be measured and reported independently.

   (iv) Accuracy data from both network-based solutions and handset-based
   solutions may be blended to measure compliance with the accuracy
   requirements of paragraph (h)(1)(i)(A) through (C) and paragraph
   (h)(1)(ii)(A) through (C) of this section. Such blending shall be based
   on weighting accuracy data in the ratio of assisted GPS (“A-GPS”)
   handsets to non-A-GPS handsets in the carrier's subscriber base. The
   weighting ratio shall be applied to the accuracy data from each
   solution and measured against the network-based accuracy requirements
   of paragraph (h)(1) of this section.

   (v) A carrier may rely solely on handset-based accuracy data in any
   county or PSAP service area if at least 85 percent of its subscribers,
   network-wide, use A-GPS handsets, or if it offers A-GPS handsets to
   subscribers in that county or PSAP service area at no cost to the
   subscriber.

   (vi) A carrier may exclude from compliance particular counties, or
   portions of counties, where triangulation is not technically possible,
   such as locations where at least three cell sites are not sufficiently
   visible to a handset. Carriers must file a list of the specific
   counties or portions of counties where they are utilizing this
   exclusion within 90 days following approval from the Office of
   Management and Budget for the related information collection. This list
   must be submitted electronically into PS Docket No. 07-114, and copies
   must be sent to the National Emergency Number Association, the
   Association of Public-Safety Communications Officials-International,
   and the National Association of State 9-1-1 Administrators. Further,
   carriers must submit in the same manner any changes to their exclusion
   lists within thirty days of discovering such changes. This exclusion
   will sunset on [8 years after effective date].

   (2) Handset-based technologies:

   (i) Two years from January 18, 2011, 50 meters for 67 percent of calls,
   and 150 meters for 80 percent of calls, on a per-county or per-PSAP
   basis. However, a carrier may exclude up to 15 percent of counties or
   PSAP service areas from the 150 meter requirement based upon heavy
   forestation that limits handset-based technology accuracy in those
   counties or PSAP service areas.

   (ii) Eight years from January 18, 2011, 50 meters for 67 percent of
   calls, and 150 meters for 90 percent of calls, on a per-county or
   per-PSAP basis. However, a carrier may exclude up to 15 percent of
   counties or PSAP service areas from the 150 meter requirement based
   upon heavy forestation that limits handset-based technology accuracy in
   those counties or PSAP service areas.

   (iii) Carriers must file a list of the specific counties or PSAP
   service areas where they are utilizing the exclusion for heavy
   forestation within 90 days following approval from the Office of
   Management and Budget for the related information collection. This list
   must be submitted electronically into PS Docket No. 07-114, and copies
   must be sent to the National Emergency Number Association, the
   Association of Public-Safety Communications Officials-International,
   and the National Association of State 9-1-1 Administrators. Further,
   carriers must submit in the same manner any changes to their exclusion
   lists within thirty days of discovering such changes.

   (iv) Providers of new CMRS networks that meet the definition of covered
   CMRS providers under paragraph (a) of this section must comply with the
   requirements of paragraphs (h)(2)(i) through (iii) of this section. For
   this purpose, a “new CMRS network” is a CMRS network that is newly
   deployed subsequent to the effective date of the Third Report and Order
   in PS Docket No. 07-114 and that is not an expansion or upgrade of an
   existing CMRS network.

   (3) Confidence and uncertainty data: Two years after January 18, 2011,
   all carriers subject to this section shall be required to provide
   confidence and uncertainty data on a per-call basis upon the request of
   a PSAP. Once a carrier has established baseline confidence and
   uncertainty levels in a county or PSAP service area, ongoing accuracy
   shall be monitored based on the trending of uncertainty data and
   additional testing shall not be required. All entities responsible for
   transporting confidence and uncertainty between wireless carriers and
   PSAPs, including LECs, CLECs, owners of E911 networks, and emergency
   service providers (collectively, System Service Providers (SSPs)) must
   implement any modifications that will enable the transmission of
   confidence and uncertainty data provided by wireless carriers to the
   requesting PSAP. If an SSP does not pass confidence and uncertainty
   data to PSAPs, the SSP has the burden of proving that it is technically
   infeasible for it to provide such 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;  75 FR 70613 , Nov. 18, 2010;  76 FR 59921 , Sept. 28, 2011]

   Effective Date Notes: 1. At  68 FR 2918 , Jan. 22, 2003, in §  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, in §  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.

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