§  9.10   911 Service.

   (a) Scope of section. Except as described in paragraph (r) of this
   section, the following requirements of paragraphs (a) through (q) of
   this section 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) Use 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 § 9.4, 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) 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). CMRS providers
   that provide voice communications over IP facilities are not required
   to support 911 access via TTYs if they provide 911 access via real-time
   text (RTT) communications, in accordance with 47 CFR part 67, except
   that RTT support is not required to the extent that it is not
   achievable for a particular manufacturer to support RTT on the
   provider's network.

   (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 (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 paragraphs (h)(1)(i) and (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 paragraphs (h)(1)(i)(A) through (C) and paragraphs
   (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 using 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 has sunset as
   of January 18, 2019.

   (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 using 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 uses
   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) By April 3, 2021: In each of the top 25 cellular market areas
   (CMAs), nationwide CMRS providers shall deploy either dispatchable
   location or z-axis technology.

   (D) By April 3, 2023: In each of the top 50 CMAs, nationwide CMRS
   providers shall deploy either dispatchable location or z-axis
   technology.

   (E) By April 3, 2025: Nationwide CMRS providers shall deploy on a
   nationwide basis either dispatchable location or z-axis technology.

   (F) 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. All non-nationwide
   providers will have an additional year to meet the benchmark in
   paragraph (i)(2)(ii)(E) of this section by deploying either
   dispatchable location or z-axis technology throughout their network
   footprint.

   (G) By January 6, 2022: All CMRS providers shall provide dispatchable
   location with wireless E911 calls if it is technically feasible for
   them to do so.

   (H) CMRS providers that deploy z-axis technology must do so consistent
   with the following z-axis accuracy metric: Within 3 meters above or
   below (plus or minus 3 meters) the handset for 80% of wireless E911
   calls made from the z-axis capable device. CMRS providers must deliver
   z-axis information in Height Above Ellipsoid. Where available to the
   CMRS provider, floor level information must be provided in addition to
   z-axis location information.

   (I) CMRS providers that deploy z-axis technology must do so according
   to the following options:

   (1) In each area where z-axis technology is used, deploy the technology
   to cover 80 percent of the population or 80 percent of the buildings
   that exceed three stories; or

   (2) Deploy z-axis capable handsets enabled with z-axis technology on a
   nationwide basis (or throughout the CMRS provider's network footprint,
   as applicable).

   (J) CMRS providers that deploy z-axis technology must comply with the
   following:

   (1) CMRS providers must activate all network infrastructure necessary
   to support z-axis location by z-axis capable devices throughout the
   deployment area.

   (2) CMRS providers may deploy z-axis technology upgrades by means of
   over-the-top applications as well as operating system or firmware
   upgrades. CMRS providers deploying z-axis technology must affirmatively
   push the z-axis technology to all existing z-axis capable device models
   on the provider's network that can receive it, and CMRS providers must
   continue to support the z-axis technology on these devices thereafter.

   (3) A CMRS provider using the handset-based deployment option must make
   the technology available to existing z-axis capable devices nationwide;
   a CMRS provider using a CMA-based deployment option must make the
   technology available to all z-axis capable devices in the CMA. For all
   new z-axis capable devices marketed to consumers, the z-axis technology
   must be pre-installed.

   (4) A CMRS provider will be deemed to have met its z-axis technology
   deployment obligation so long as it either pre-installs or
   affirmatively pushes the location technology to end users so that they
   receive a prompt or other notice informing them that the application or
   service is available and what they need to do to download and enable
   the technology on their phone. A CMRS provider will be deemed in
   compliance with its z-axis deployment obligation if it makes the
   technology available to the end user in this manner even if the end
   user declines to use the technology or subsequently disables it.

   (K) CMRS providers must validate dispatchable location technologies
   intended for indoor location in accordance with the provisions of
   paragraph (i)(3)(i) of this section.

   (L) In each CMA where dispatchable location is used, nationwide CMRS
   providers must ensure that dispatchable location is supported by a
   sufficient number of total dispatchable location reference points to
   equal 25 percent of the CMA population.

   (M) A z-axis capable device is one that can measure and report vertical
   location without a hardware upgrade. For z-axis location solutions that
   rely on barometric pressure sensor information, only devices that have
   such sensors installed shall be considered z-axis capable. In the case
   of location solutions that do not require barometric pressure sensor
   information, both devices with and without barometric sensors shall be
   considered z-axis capable, provided that they are software-upgradable.

   (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 (i)(2)(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 this paragraph
   (i)(3)(ii) 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) Dispatchable location use certification. Prior to use of
   dispatchable location information to meet the Commission's 911
   horizontal and indoor location accuracy requirements in paragraphs
   (i)(2)(i) and (ii) of this section, CMRS providers must certify that
   neither they nor any third party they rely on to obtain dispatchable
   location information will use dispatchable location information or
   associated data for any non-911 purpose, except with prior express
   consent or as otherwise required by law. The certification must state
   that CMRS providers and any third party they rely on to obtain
   dispatchable location information will implement measures sufficient to
   safeguard the privacy and security of dispatchable location
   information.

   (v) Z-axis use certification. Prior to use of z-axis information to
   meet the Commission's 911 vertical location accuracy requirements in
   paragraph (i)(2)(ii) of this section, CMRS providers must certify that
   neither they nor any third party they rely on to obtain z-axis
   information will use z-axis information or associated data for any
   non-911 purpose, except with prior express consent or as otherwise
   required by law. The certification must state that CMRS providers and
   any third party they rely on to obtain z-axis information will
   implement measures sufficient to safeguard the privacy and security of
   z-axis location information.

   (j) Confidence and uncertainty data. (1) Except as provided in
   paragraphs (j)(2) through (4) 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) and
   z-axis (vertical) 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.

   (4) Upon meeting the timeframes pursuant to paragraph (i)(2)(ii) of
   this section, CMRS providers shall provide with wireless 911 calls that
   have a dispatchable location the confidence and uncertainty data for
   z-axis (vertical) information required under paragraph (j)(1) of this
   section. Where available to the CMRS provider, CMRS providers shall
   provide with wireless 911 calls that have floor level information the
   confidence and uncertainty data for z-axis (vertical) information
   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)-(4) 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 using 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 (m)(2)(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 using 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 using 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 using 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 (m)(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 § § 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 using 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 1.740 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 (m)(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 this paragraph (m)(4)
   shall have 90 days from receipt of the PSAP's written notice that it is
   capable of receiving and using 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 use 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) 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 § 9.10(d) through
   (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 § 9.10(i).

   (q) Text-to-911 requirements—(1) Covered text provider. Notwithstanding
   any other provisions in this section, for purposes of this paragraph
   (q) 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) Provision of automatic bounce-back messages. 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) Automatic bounce-back message exceptions. (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 (q)(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) Automatic bounce-back message minimum requirements. 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) Temporary suspension of text-to-911 service. 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) Roaming. 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) Software application provider. 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 (q)(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
   (q)(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 (q)(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.

   (v) No later than January 6, 2022, covered text providers must provide
   the following location information with all 911 text messages routed to
   a PSAP: Automated dispatchable location, if technically feasible;
   otherwise, either end-user manual provision of location information, or
   enhanced location information, which may be coordinate-based,
   consisting of the best available location that can be obtained from any
   available technology or combination of technologies at reasonable cost.

   (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.

   (r) Contraband Interdiction System (CIS) requirement. CIS providers
   regulated as private mobile radio service (see § 9.3) 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 § 9.4,
   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.” This requirement
   shall not apply if the Public Safety Answering Point or emergency
   authority informs the CIS provider that it does not wish to receive 911
   calls from the CIS provider.

   [ 84 FR 66760 , Dec. 5, 2019, as amended at  85 FR 2675 , Jan. 16, 2020;  85 FR 53246 , Aug. 28, 2020;  85 FR 70501 , Nov. 5, 2020;  85 FR 78022 , Dec.
   3, 2020;  86 FR 19584 , Apr. 14, 2021]

   

Subpart D—Interconnected Voice over Internet Protocol Services