§ 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) Latency (Time to First Fix). For purposes of measuring compliance with
   the location accuracy standards of this paragraph, a call will be deemed to
   satisfy the standard only if it provides the specified degree of location
   accuracy within a maximum latency period of 30 seconds, as measured from the
   time the user initiates the 911 call to the time the location fix appears at
   the location information center: Provided, however, that the CMRS provider
   may elect not to include for purposes of measuring compliance therewith any
   calls lasting less than 30 seconds.

   (i)  Indoor  location  accuracy  for  911 and testing requirements—(1)
   Definitions: The terms as used in this section have the following meaning:

   (i) Dispatchable location: A location delivered to the PSAP by the CMRS
   provider with a 911 call that consists of the street address of the calling
   party, plus additional information such as suite, apartment or similar
   information necessary to adequately identify the location of the calling
   party. The street address of the calling party must be validated and, to the
   extent possible, corroborated against other location information prior to
   delivery of dispatchable location information by the CMRS provider to the
   PSAP.

   (ii) Media Access Control (MAC) Address. A location identifier of a Wi-Fi
   access point.

   (iii) National Emergency Address Database (NEAD). A database that utilizes
   MAC address information to identify a dispatchable location for nearby
   wireless devices within the CMRS provider's coverage footprint.

   (iv) Nationwide CMRS provider: A CMRS provider whose service extends to a
   majority of the population and land area of the United States.

   (v) Non-nationwide CMRS provider: Any CMRS provider other than a nationwide
   CMRS provider.

   (vi)  Test  Cities.  The  six cities (San Francisco, Chicago, Atlanta,
   Denver/Front Range, Philadelphia, and Manhattan Borough) and surrounding
   geographic areas that correspond to the six geographic regions specified by
   the February 7, 2014 ATIS Document, “Considerations in Selecting Indoor Test
   Regions,” for testing of indoor location technologies.

   (2) Indoor location accuracy standards: CMRS providers subject to this
   section shall meet the following requirements:

   (i)  Horizontal location. (A) Nationwide CMRS providers shall provide;
   dispatchable location, or ; x/y location within 50 meters, for the following
   percentages of wireless 911 calls within the following timeframes, measured
   from the effective date of the adoption of this rule:

   (1) Within 2 years: 40 percent of all wireless 911 calls.

   (2) Within 3 years: 50 percent of all wireless 911 calls.

   (3) Within 5 years: 70 percent of all wireless 911 calls.

   (4) Within 6 years: 80 percent of all wireless 911 calls.

   (B) Non-nationwide CMRS providers shall provide; dispatchable location or;
   x/y location within 50 meters, for the following percentages of wireless 911
   calls within the following timeframes, measured from the effective date of
   the adoption of this rule:

   (1) Within 2 years: 40 percent of all wireless 911 calls.

   (2) Within 3 years: 50 percent of all wireless 911 calls.

   (3)   Within   5   years   or   within   six  months  of  deploying  a
   commercially-operating VoLTE platform in their network, whichever is later:
   70 percent of all wireless 911 calls.

   (4) Within 6 years or within one year of deploying a commercially-operating
   VoLTE platform in their network, whichever is later: 80 percent of all
   wireless 911 calls.

   (ii) Vertical location. CMRS providers shall provide vertical location
   information with wireless 911 calls as described in this section within the
   following timeframes measured from the effective date of the adoption of
   this rule:

   (A) Within 3 years: All CMRS providers shall make uncompensated barometric
   data available to PSAPs with respect to any 911 call placed from any handset
   that has the capability to deliver barometric sensor information.

   (B) Within 3 years: Nationwide CMRS providers shall develop one or more
   z-axis accuracy metrics validated by an independently administered and
   transparent test bed process as described in paragraph (i)(3)(i) of this
   section, and shall submit the proposed metric or metrics, supported by a
   report of the results of such development and testing, to the Commission for
   approval.

   (C) Within 6 years: In each of the top 25 CMAs, nationwide CMRS providers
   shall deploy either;) dispatchable location, or ; z-axis technology in
   compliance with any z-axis accuracy metric that has been approved by the
   Commission,

   (1)  In  each CMA where dispatchable location is used: nationwide CMRS
   providers must ensure that the NEAD is populated with a sufficient number of
   total dispatchable location reference points to equal 25 percent of the CMA
   population.

   (2) In each CMA where z-axis technology is used: nationwide CMRS providers
   must deploy z-axis technology to cover 80 percent of the CMA population.

   (D) Within 8 years: In each of the top 50 CMAs, nationwide CMRS providers
   shall deploy either

   (1) Dispatchable location or;

   (2) Such z-axis technology in compliance with any z-axis accuracy metric
   that has been approved by the Commission.

   (E) Non-nationwide CMRS providers that serve any of the top 25 or 50 CMAs
   will have an additional year to meet each of the benchmarks in paragraphs
   (i)(2)(ii)(C) and (D) of this section.

   (iii) Compliance. Within 60 days after each benchmark date specified in
   paragraphs (i)(2)(i) and (ii) of this section, CMRS providers must certify
   that  they  are  in compliance with the location accuracy requirements
   applicable to them as of that date. CMRS providers shall be presumed to be
   in compliance by certifying that they have complied with the test bed and
   live call data provisions described in paragraph (i)(3) of this section.

   (A) All CMRS providers must certify that the indoor location technology (or
   technologies) used in their networks are deployed consistently with the
   manner in which they have been tested in the test bed. A CMRS provider must
   update  certification whenever it introduces a new technology into its
   network or otherwise modifies its network, such that previous performance in
   the test bed would no longer be consistent with the technology's modified
   deployment.

   (B) CMRS providers that provide quarterly reports of live call data in one
   or more of the six test cities specified in paragraph (i)(1)(vi) of this
   section  must  certify  that their deployment of location technologies
   throughout their coverage area is consistent with their deployment of the
   same technologies in the areas that are used for live call data reporting.

   (C) Non-nationwide CMRS providers that do not provide service or report
   quarterly  live  call  data in any of the six test cities specified in
   paragraph (i)(1)(vi) of this section must certify that they have verified
   based on their own live call data that they are in compliance with the
   requirements of paragraphs (i)(2)(i)(B) and (ii) of this section.

   (iv)  Enforcement.  PSAPs may seek Commission enforcement within their
   geographic service area of the requirements of paragraphs (i)(2)(i) and (ii)
   of this section, but only so long as they have implemented policies that are
   designed to obtain all location information made available by CMRS providers
   when initiating and delivering 911 calls to the PSAP. Prior to seeking
   Commission enforcement, a PSAP must provide the CMRS provider with [30] days
   written notice, and the CMRS provider shall have an opportunity to address
   the issue informally. If the issue has not been addressed to the PSAP's
   satisfaction within 90 days, the PSAP may seek enforcement relief.

   (3) Indoor location accuracy testing and live call data reporting—(i) Indoor
   location accuracy test bed. CMRS providers must establish the test bed
   described in this section within 12 months of the effective date of this
   rule.  CMRS  providers  must validate technologies intended for indoor
   location, including dispatchable location technologies and technologies that
   deliver horizontal and/or vertical coordinates, through an independently
   administered  and  transparent  test  bed  process,  in order for such
   technologies  to  be  presumed  to  comply  with the location accuracy
   requirements  of this paragraph. The test bed shall meet the following
   minimal requirements in order for the test results to be considered valid
   for compliance purposes:

   (A) Include testing in representative indoor environments, including dense
   urban, urban, suburban and rural morphologies;

   (B) Test for performance attributes including location accuracy (ground
   truth  as  measured in the test bed), latency (Time to First Fix), and
   reliability (yield); and

   (C) Each test call (or equivalent) shall be independent from prior calls and
   accuracy will be based on the first location delivered after the call is
   initiated.

   (D) In complying with paragraph (i)(3)(i)(B) of this section, CMRS providers
   shall  measure  yield  separately  for each individual indoor location
   morphology (dense urban, urban, suburban, and rural) in the test bed, and
   based  upon the specific type of location technology that the provider
   intends  to  deploy in real-world areas represented by that particular
   morphology. CMRS providers must base the yield percentage based on the
   number  of  test  calls that deliver a location in compliance with any
   applicable indoor location accuracy requirements, compared to the total
   number of calls that successfully connect to the testing network. CMRS
   providers may exclude test calls that are dropped or otherwise disconnected
   in 10 seconds or less from calculation of the yield percentage (both the
   denominator and numerator).

   (ii) Collection and reporting of aggregate live 911 call location data. CMRS
   providers providing service in any of the Test Cities or portions thereof
   must collect and report aggregate data on the location technologies used for
   live 911 calls in those areas.

   (A)  CMRS providers subject to this section shall identify and collect
   information regarding the location technology or technologies used for each
   911 call in the reporting area during the calling period.

   (B) CMRS providers subject to this section shall report Test City call
   location data on a quarterly basis to the Commission, the National Emergency
   Number  Association,  the  Association of Public Safety Communications
   Officials, and the National Association of State 911 Administrators, with
   the first report due 18 months from the effective date of rules adopted in
   this proceeding.

   (C) CMRS providers subject to this section shall also provide quarterly live
   call data on a more granular basis that allows evaluation of the performance
   of individual location technologies within different morphologies (e.g.,
   dense urban, urban, suburban, rural). To the extent available, live call
   data for all CMRS providers shall delineate based on a per technology basis
   accumulated and so identified for:

   (1) Each of the ATIS ESIF morphologies;

   (2) On a reasonable community level basis; or

   (3) By census block. This more granular data will be used for evaluation and
   not for compliance purposes.

   (D) Non-nationwide CMRS providers that operate in a single Test City need
   only report live 911 call data from that city or portion thereof that they
   cover. Non-nationwide CMRS providers that operate in more than one Test City
   must report live 911 call data only in half of the regions (as selected by
   the provider). In the event a non-nationwide CMRS provider begins coverage
   in a Test City it previously did not serve, it must update its certification
   pursuant to paragraph (i)(2)(iii)(C) of this section to reflect this change
   in its network and begin reporting data from the appropriate areas. All
   non-nationwide CMRS providers must report their Test City live call data
   every 6 months, beginning 18 months from the effective date of rules adopted
   in this proceeding.

   (E) Non-nationwide CMRS providers that do not provide coverage in any of the
   Test Cities can satisfy the requirement of paragraph (i)(3)(ii) of this
   section by collecting and reporting data based on the largest county within
   its footprint. In addition, where a non-nationwide CMRS provider serves more
   than one of the ATIS ESIF morphologies, it must include a sufficient number
   of representative counties to cover each morphology.

   (iii) Data retention. CMRS providers shall retain testing and live call data
   gathered pursuant to this section for a period of 2 years.

   (4)  Submission  of  plans  and  reports.  The following reporting and
   certification  obligations apply to all CMRS providers subject to this
   section, which may be filed electronically in PS Docket No. 07-114:

   (i) Initial implementation plan. No later than 18 months from the effective
   date of the adoption of this rule, nationwide CMRS providers shall report to
   the Commission on their plans for meeting the indoor location accuracy
   requirements  of paragraph (i)(2) of this section. Non-nationwide CMRS
   providers will have an additional 6 months to submit their implementation
   plans.

   (ii) Progress reports. No later than 18 months from the effective date of
   the adoption of this rule, each CMRS provider shall file a progress report
   on implementation of indoor location accuracy requirements. Non-nationwide
   CMRS providers will have an additional 6 months to submit their progress
   reports. All CMRS providers shall provide an additional progress report no
   later than 36 months from the effective date of the adoption of this rule.
   The 36-month reports shall indicate what progress the provider has made
   consistent with its implementation plan, and the nationwide CMRS providers
   shall include an assessment of their deployment of dispatchable location
   solutions. For any CMRS provider participating in the development of the
   NEAD  database,  this  progress  report  must include detail as to the
   implementation of the NEAD database described in paragraphs (i)(4)(iii) and
   (iv) of this section.

   (iii) NEAD privacy and security plan. Prior to activation of the NEAD but no
   later than 18 months from the effective date of the adoption of this rule,
   the nationwide CMRS providers shall file with the Commission and request
   approval  for  a  security and privacy plan for the administration and
   operation  of  the  NEAD.  The  plan  must  include the identity of an
   administrator for the NEAD, who will serve as a point of contact for the
   Commission and shall be accountable for the effectiveness of the security,
   privacy, and resiliency measures.

   (iv) NEAD use certification. Prior to use of the NEAD or any information
   contained therein to meet such requirements, CMRS providers must certify
   that they will not use the NEAD or associated data for any non-911 purpose,
   except as otherwise required by law.

   (j) Confidence and uncertainty data. (1) Except as provided in paragraphs
   (j)(2)-(3) of this section, CMRS providers subject to this section shall
   provide  for  all  wireless  911 calls, whether from outdoor or indoor
   locations, x- and y-axis (latitude, longitude) confidence and uncertainty
   information (C/U data) on a per-call basis upon the request of a PSAP. The
   data shall specify

   (i) The caller's location with a uniform confidence level of 90 percent,
   and;

   (ii) The radius in meters from the reported position at that same confidence
   level. All entities responsible for transporting confidence and uncertainty
   between CMRS providers and PSAPs, including LECs, CLECs, owners of E911
   networks, and emergency service providers, must enable the transmission of
   confidence and uncertainty data provided by CMRS providers to the requesting
   PSAP.

   (2) Upon meeting the 3-year timeframe pursuant to paragraph (i)(2)(i) of
   this section, CMRS providers shall provide with wireless 911 calls that have
   a  dispatchable location the C/U data for the x- and y-axis (latitude,
   longitude) required under paragraph (j)(1) of this section.

   (3) Upon meeting the 6-year timeframe pursuant to paragraph (i)(2)(i) of
   this section, CMRS providers shall provide with wireless 911 calls that have
   a  dispatchable location the C/U data for the x- and y-axis (latitude,
   longitude) required under paragraph (j)(1) of this section.

   (k) Provision of live 911 call data for PSAPs. Notwithstanding other 911
   call data collection and reporting requirements in paragraph (i) of this
   section, CMRS providers must record information on all live 911 calls,
   including, but not limited to, the positioning source method used to provide
   a location fix associated with the call. CMRS providers must also record the
   confidence and uncertainty data that they provide pursuant to paragraphs
   (j)(1) through (3) of this section. This information must be made available
   to PSAPs upon request, and shall be retained for a period of two years.

   (l) 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.

   (m) Conditions for enhanced 911 services—(1) Generally. The requirements set
   forth in paragraphs (d) through (h)(2) and in paragraph (j) of this section
   shall  be  applicable only to the extent that the administrator of the
   applicable designated PSAP has requested the services required under those
   paragraphs and such PSAP is capable of receiving and utilizing the requested
   data elements and has a mechanism for recovering the PSAP's costs associated
   with them.

   (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.

   (n) 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.

   (o) 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.

   (p) 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).

   (q) Text-to-911 Requirements—(1) Covered Text Provider: Notwithstanding any
   other provisions in this section, for purposes of this paragraph (n) of this
   section, a “covered text provider” includes all CMRS providers as well as
   all  providers  of  interconnected text messaging services that enable
   consumers to send text messages to and receive text messages from all or
   substantially all text-capable U.S. telephone numbers, including through the
   use of applications downloaded or otherwise installed on mobile phones.

   (2) Automatic Bounce-back Message: an automatic text message delivered to a
   consumer by a covered text provider in response to the consumer's attempt to
   send a text message to 911 when the consumer is located in an area where
   text-to-911 service is unavailable or the covered text provider does not
   support text-to-911 service generally or in the area where the consumer is
   located at the time.

   (3) No later than September 30, 2013, all covered text providers shall
   provide an automatic bounce-back message under the following circumstances:

   (i) A consumer attempts to send a text message to a Public Safety Answering
   Point (PSAP) by means of the three-digit short code “911”; and

   (ii) The covered text provider cannot deliver the text because the consumer
   is located in an area where:

   (A) Text-to-911 service is unavailable; or

   (B) The covered text provider does not support text-to-911 service at the
   time.

   (4)(i) A covered text provider is not required to provide an automatic
   bounce-back message when:

   (A) Transmission of the text message is not controlled by the provider;

   (B)  A  consumer  is  attempting to text 911, through a text messaging
   application that requires CMRS service, from a non-service initialized
   handset;

   (C)  When the text-to-911 message cannot be delivered to a PSAP due to
   failure in the PSAP network that has not been reported to the provider; or

   (D) A consumer is attempting to text 911 through a device that is incapable
   of sending texts via three digit short codes, provided the software for the
   device cannot be upgraded over the air to allow text-to-911.

   (ii) The provider of a preinstalled or downloadable interconnected text
   application  is considered to have “control” over transmission of text
   messages for purposes of paragraph (n)(4)(i)(A) of this section. However, if
   a user or a third party modifies or manipulates the application after it is
   installed or downloaded so that it no longer supports bounce-back messaging,
   the application provider will be presumed not to have control.

   (5)  The automatic bounce-back message shall, at a minimum, inform the
   consumer that text-to-911 service is not available and advise the consumer
   or texting program user to use another means to contact emergency services.

   (6) Covered text providers that support text-to-911 must provide a mechanism
   to allow PSAPs that accept text-to-911 to request temporary suspension of
   text-to-911 service for any reason, including, but not limited to, network
   congestion, call taker overload, PSAP failure, or security breach, and to
   request resumption of text-to-911 service after such temporary suspension.
   During any period of suspension of text-to-911 service, the covered text
   provider must provide an automatic bounce-back message to any consumer
   attempting to text to 911 in the area subject to the temporary suspension.

   (7) Notwithstanding any other provisions in this section, when a consumer is
   roaming on a covered text provider's host network pursuant to § 20.12, the
   covered text provider operating the consumer's home network shall have the
   obligation to originate an automatic bounce-back message to such consumer
   when  the  consumer is located in an area where text-to-911 service is
   unavailable, or the home provider does not support text-to-911 service in
   that area at the time. The host provider shall not impede the consumer's 911
   text message to the home provider and/or any automatic bounce-back message
   originated by the home provider to the consumer roaming on the host network.

   (8) A software application provider that transmits text messages directly
   into the SMS network of the consumer's underlying CMRS provider satisfies
   the obligations of paragraph (n)(3) of this section provided it does not
   prevent or inhibit delivery of the CMRS provider's automatic bounce-back
   message to the consumer.

   (9) 911 text message. A 911 text message is a message, consisting of text
   characters, sent to the short code “911” and intended to be delivered to a
   PSAP by a covered text provider, regardless of the text messaging platform
   used.

   (10) Delivery of 911 text messages. (i) No later than December 31, 2014, all
   covered text providers must have the capability to route a 911 text message
   to a PSAP. In complying with this requirement, covered text providers must
   obtain location information sufficient to route text messages to the same
   PSAP to which a 911 voice call would be routed, unless the responsible local
   or state entity designates a different PSAP to receive 911 text messages and
   informs the covered text provider of that change. All covered text providers
   using device-based location information that requires consumer activation
   must clearly inform consumers that they must grant permission for the text
   messaging application to access the wireless device's location information
   in order to enable text-to-911. If a consumer does not permit this access,
   the covered text provider's text application must provide an automated
   bounce-back message as set forth in paragraph (n)(3) of this section.

   (ii) Covered text providers must begin routing all 911 text messages to a
   PSAP by June 30, 2015, or within six months of the PSAP's valid request for
   text-to-911 service, whichever is later, unless an alternate timeframe is
   agreed to by both the PSAP and the covered text provider. The covered text
   provider must notify the Commission of the dates and terms of the alternate
   timeframe within 30 days of the parties' agreement.

   (iii) Valid Request means that:

   (A) The requesting PSAP is, and certifies that it is, technically ready to
   receive 911 text messages in the format requested;

   (B) The appropriate local or state 911 service governing authority has
   specifically authorized the PSAP to accept and, by extension, the covered
   text provider to provide, text-to-911 service; and

   (C)  The requesting PSAP has provided notification to the covered text
   provider that it meets the foregoing requirements. Registration by the PSAP
   in  a  database  made  available  by the Commission in accordance with
   requirements established in connection therewith, or any other written
   notification reasonably acceptable to the covered text provider, shall
   constitute sufficient notification for purposes of this paragraph.

   (iv) The requirements set forth in paragraphs (n)(10)(i) through (iii) of
   this  section  do not apply to in-flight text messaging providers, MSS
   providers, or IP Relay service providers, or to 911 text messages that
   originate from Wi-Fi only locations or that are transmitted from devices
   that cannot access the CMRS network.

   (11) Access to SMS networks for 911 text messages. To the extent that CMRS
   providers offer Short Message Service (SMS), they shall allow access by any
   other covered text provider to the capabilities necessary for transmission
   of 911 text messages originating on such other covered text providers'
   application services. Covered text providers using the CMRS network to
   deliver 911 text messages must clearly inform consumers that, absent an SMS
   plan with the consumer's underlying CMRS provider, the covered text provider
   may be unable to deliver 911 text messages. CMRS providers may migrate to
   other technologies and need not retain SMS networks solely for other covered
   text providers' 911 use, but must notify the affected covered text providers
   not less than 90 days before the migration is to occur.

   [ 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;  78 FR 32178 , May 29, 2013;  78 FR 64407 , Oct. 29, 2013;  79 FR 55381 , Sept. 16, 2014;  80 FR 11838 , Mar. 4,
   2015]

   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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