Location-Based Routing for Wireless 911 Calls, 18488-18524 [2024-03157]
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Rules and Regulations
compliance date and revising or
removing § 9.10(s)(6).
FEDERAL COMMUNICATIONS
COMMISSION
FOR FURTHER INFORMATION CONTACT:
47 CFR Part 9
[PS Docket No. 18–64; FCC 24–4; FR ID
202993]
Location-Based Routing for Wireless
911 Calls
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Federal Communications
Commission (the FCC or Commission)
adopted a Report and Order in PS
Docket No. 18–64, FCC 24–4, on January
25, 2024, and released on January 26,
2024. This document is a summary of
the Commission’s Report and Order.
The Report and Order adopted rules to
more precisely route wireless 911 calls
and Real-Time Texts (RTT) to Public
Safety Answering Points (PSAPs),
which can result in faster response
times during emergencies. Wireless 911
calls have historically been routed to
PSAPs based on the location of the cell
tower that handles the call. Sometimes,
however, the 911 call is routed to the
wrong PSAP because the cell tower is
not in the same jurisdiction as the 911
caller. This can happen, for instance,
when an emergency call is placed near
a county border. These misrouted 911
calls must be transferred from one PSAP
to another, which consumes time and
resources and can cause confusion and
delay in emergency response. The
Report and Order requires wireless
providers to deploy technology that
supports location-based routing, a
method that relies on precise
information about the location of the
wireless caller’s device, on their internet
Protocol (IP)-based networks and to use
location-based routing to route 911
voice calls and RTT communications to
911 originating on those networks when
caller location is accurate and timely.
The Report and Order provides six
months for nationwide wireless
providers to implement location-based
routing for wireless 911 voice calls and
provides 24 months for non-nationwide
wireless providers to implement
location-based routing of wireless 911
voice calls. The Report and Order
provides 24 months for all wireless
providers to implement location-based
routing for RTT communications to 911.
DATES:
Effective date: May 13, 2024.
Compliance date: Compliance will
not be required for § 9.10(s)(4) and (5)
until a document is published in the
Federal Register announcing a
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SUMMARY:
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Rachel Wehr, Attorney Advisor, Policy
and Licensing Division, Public Safety
and Homeland Security Bureau, (202)
418–1138, Rachel.Wehr@fcc.gov, or
Brenda Boykin, Deputy Division Chief,
Policy and Licensing Division, Public
Safety and Homeland Security Bureau,
(202) 418–2062, Brenda.Boykin@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document is a summary of the
Commission’s Report and Order. The
full text of the Report and Order is
available for public inspection at
https://docs.fcc.gov/public/
attachments/FCC-24-4A1.pdf. To
request materials in accessible formats
for people with disabilities (Braille,
large print, electronic files, audio
format), or to request reasonable
accommodations (e.g., accessible format
documents, sign language interpreters,
CART, etc.), send an email to fcc504@
fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice).
Congressional Review Act
The Commission has determined, and
the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs, that this rule is major under
the Congressional Review Act, 5 U.S.C.
804(2). The Commission will send a
copy of the Report and Order to
Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
Synopsis
I. Background
1. This document is a summary of the
Commission’s Report and Order. In this
document, we require Commercial
Mobile Radio Service (CMRS)
providers 1 to implement location-based
routing for wireless 911 voice calls and
real-time text (RTT) communications 2
1 In this document and the Report and Order, we
use the term Commercial Mobile Radio Service
(CMRS) provider to refer to providers of CMRS, as
defined in 47 CFR 9.3 (‘‘Commercial mobile radio
service (CMRS)’’). When addressing the record in
this proceeding, we assume that commenters using
terms such as ‘‘wireless carriers’’ or ‘‘wireless
providers’’ refer to CMRS providers subject to part
9 of the Commission’s rules.
2 The Commission defines real-time text as ‘‘[t]ext
communications that are transmitted over internet
Protocol (IP) networks immediately as they are
created, e.g., on a character-by-character basis.’’ 47
CFR 9.3; accord id. 67(g). In this document and the
Report and Order, we use the term ‘‘RTT
communications’’ to refer to instances in which an
RTT user initiates contact with 911, for consistency
with our part 9 and part 67 rules. See 47 CFR
9.10(c), 67.1(g), 67.2(c)(2). When addressing the
record in this proceeding, we assume that
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to 911 nationwide. With location-based
routing (LBR) as implemented under
these rules, CMRS providers will use
precise location information to route
wireless 911 voice calls and RTT
communications to 911 to the
appropriate public safety answering
point (PSAP). For the millions of
individuals seeking emergency
assistance each year by wireless 911
voice call or RTT communication to
911, improving routing for these
services will reduce emergency
response times and save lives.
2. In December 2022, the Commission
adopted a notice of proposed
rulemaking proposing to require CMRS
providers and covered text providers to
implement location-based routing for
wireless 911 voice calls and texts
nationwide.3 Public safety commenters
overwhelmingly supported the
Commission’s proposals. Legacy towerbased routing results in millions of 911
voice calls nationwide arriving at the
incorrect PSAP for the caller’s location,
which can result in a delay of a minute
or more in dispatch and response.4 The
record confirms that implementing
location-based routing is technologically
feasible and will significantly reduce
wireless 911 voice call transfers, saving
valuable time for both PSAPs and
callers. As a result of the location-based
routing rules we adopt, millions more
wireless 911 calls will reach the
appropriate PSAP without the need for
transfer or delay.
3. To facilitate the implementation of
location-based routing for wireless 911
voice calls and RTT communications to
911, we take the following actions:
• We require CMRS providers to
deploy location-based routing
technology for wireless 911 voice calls
and RTT communications to 911 on
their internet Protocol (IP)-based
commenters using the terms ‘‘RTT call’’ or ‘‘RTT
message’’ refer to the same RTT communications
described in the Commission’s part 9 and part 67
rules.
3 Location-Based Routing for Wireless 911 Calls,
PS Docket No. 18–64, Notice of Proposed
Rulemaking, 37 FCC Rcd 15183, 15184, para. 1
(2022), 88 FR 2565 (January 17, 2023) (notice of
proposed rulemaking or NPRM).
4 The Commission has previously found that a
one minute increase in response times increases
mortality, and that a one minute decrease in
response times decreases mortality. See, e.g.,
Wireless E911 Location Accuracy Requirements,
Third Further Notice of Proposed Rulemaking, 29
FCC Rcd 2374, 2388–89, para. 33 & n.70 (2014), 79
FR 17820 (March 28, 2014). As stated in the notice
of proposed rulemaking and affirmed in the Report
and Order, the Commission estimates that the
implementation of wireless location-based routing
under the rules we adopt in this document will save
13,837 lives annually, assuming a one-minute
decrease in response time. See Notice of Proposed
Rulemaking, 37 FCC Rcd at 15206–07, para. 61 &
n.161.
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Rules and Regulations
networks (i.e., 4G LTE, 5G, and
subsequent generations of IP-based
networks). We also require CMRS
providers to use location-based routing
to route wireless 911 voice calls and
RTT communications to 911 originating
on their IP-based networks when
location information meets certain
thresholds for accuracy and timeliness.
• We require CMRS providers to use
location-based routing for wireless 911
voice calls and RTT communications to
911 when caller location information
available to the CMRS provider’s
network at time of routing is
ascertainable within a radius of 165
meters at a confidence level of at least
90%. In the absence of these conditions,
CMRS providers must use alternative
routing methods based on ‘‘best
available’’ location information, which
may include but is not limited to
device-based or tower-based location
information.
• We adopt the proposed six-month
timeline for nationwide CMRS
providers to implement location-based
routing for wireless 911 voice calls and
provide twenty-four months for nonnationwide CMRS providers to
implement location-based routing of
wireless 911 voice calls.5 In addition,
we provide 24 months for all CMRS
providers to implement location-based
routing for RTT communications to 911.
• We require CMRS providers within
60 days of the applicable compliance
deadlines to certify and submit evidence
of compliance with location-based
routing requirements. At that time,
CMRS providers also must submit onetime live call data reporting on the
routing methodologies for calls in live
call areas, and they must certify the
privacy of location information used for
location-based routing.
• We defer consideration of proposals
in the notice of proposed rulemaking to
require CMRS providers and covered
text providers 6 to implement locationbased routing for Short Message Service
(SMS) texts to 911.
• We defer consideration of proposals
and issues raised in the notice of
proposed rulemaking concerning IPformatted delivery of wireless 911 voice
calls, texts, and associated routing
information for consideration in the
Commission’s pending Next Generation
911 (NG911) Transition docket (PS
Docket No. 21–479—Facilitating
Implementation of Next Generation 911
Services).7
4. Legacy Enhanced 911 Routing.
When the first 911 call was placed in
1968, 911 service was provided to the
public over wireline telephone
networks, and wireline providers used
the fixed location of the calling
telephone to route 911 calls to the
nearest PSAP.8 With the deployment of
the first generation of cellular service,
wireless 911 voice calls could originate
from any location served by the wireless
network, and the caller could move
locations during the call. To enable
timely routing of wireless 911 voice
calls, CMRS providers typically
programmed their networks to use the
location of the first cell tower receiving
the call to determine the nearest PSAP
and route the call accordingly. This
became the basis for routing of wireless
Enhanced 911 (E911) calls (legacy E911
routing).
5. Wireless 911 Voice Call Misroutes.
Technical limitations of legacy E911
routing can result in a CMRS provider
routing a wireless 911 voice call to a
PSAP other than the one designated by
the relevant state or local 911 authority
to receive 911 calls from the caller’s
actual location.9 The Commission
considers wireless 911 voice calls
routed to a PSAP other than the one
designated for the caller’s location to be
‘‘misrouted,’’ although such misroutes
generally result from tower-based call
routing mechanisms working as
designed, not from technical failure of
those mechanisms. The Alliance for
Telecommunications Industry Solutions
(ATIS) estimates that on average 12% of
wireless legacy E911 voice calls
nationwide are misrouted.10 Other
5 The Commission defines a ‘‘[n]on-nationwide
CMRS provider’’ for purposes of its part 9 rules as
‘‘[a]ny CMRS provider other than a nationwide
CMRS provider.’’ 47 CFR 9.10(i)(1)(v). A
‘‘[n]ationwide CMRS provider’’ for purposes of the
Commission’s part 9 rules is ‘‘[a] CMRS provider
whose service extends to a majority of the
population and land area of the United States.’’ 47
CFR 9.10(i)(1)(iv).
6 The Commission defines ‘‘covered text
provider’’ as including ‘‘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.’’ 47 CFR 9.10(q)(1).
7 See Facilitating Implementation of Next
Generation 911 Services (NG911), PS Docket No.
21–479, Notice of Proposed Rulemaking, FCC 23–
47, 2023 WL 3946685 (June 9, 2023), 88 FR 43514
(July 10, 2023), https://www.fcc.gov/document/fccproposes-action-expedite-transition-nextgeneration-911-0 (NG911 Notice of Proposed
Rulemaking).
8 Location-Based Routing for Wireless 911 Calls,
PS Docket No. 18–64, Notice of Inquiry, 33 FCC Rcd
3238, 3240, para. 6 (2018) (Notice of Inquiry).
9 Notice of Proposed Rulemaking, 37 FCC Rcd at
15185–86, para. 7. For example, a cell tower in
Northern Virginia may pick up a wireless 911 voice
call originating in Washington, DC, but route the
call to a Virginia PSAP. Id.
10 Alliance for Telecommunications Industry
Solutions (ATIS), Analysis of Predetermined Cell
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commenters indicate that the percentage
of misrouted wireless 911 voice calls is
higher in some jurisdictions.11 These
estimates support the conclusion that
tower-based routing causes millions of
wireless 911 voice calls to be misrouted
annually.12
6. When a wireless 911 voice call is
misrouted, the answering
telecommunicator must transfer the call
to the PSAP that has jurisdiction to
dispatch aid to the 911 caller’s location.
This process consumes time and
resources for both the transferring PSAP
and the receiving PSAP and delays the
dispatch of first responders to render
aid. Commenters submit anecdotal
evidence that a typical misroute
introduces a delay of about a minute.13
NENA estimates that call transfers
consume over 200,000 hours per year of
excess 911 professional labor. Misrouted
wireless 911 voice calls can also
contribute to confusion and delay in
Sector Routing Outcomes Compared to Caller’s
Device Location, ATIS–0500039 at 4 (July 2, 2019),
https://access.atis.org/apps/group_public/
document.php?document_id=48697 (ATIS–
0500039). Intrado cites a 2018 study concluding
that 12.96% out of a set of five million wireless 911
calls were misrouted. Intrado Life & Safety, Inc.
(Intrado) Public Notice Comments at 3 & n.8, 4 (rec.
July 11, 2022) (Intrado PN Comments).
11 For example, the Fayetteville (Arkansas) Police
Department reports that ‘‘roughly 30% or more’’ of
the 911 calls its jurisdiction receives are misrouted
from neighboring jurisdictions. Natisha Claypool,
Assistant Dispatch Manager, Fayetteville Police
Department Public Notice Comments (rec. July 11,
2022). Intrado estimates, based on data collected in
AT&T’s pilot implementation of location-based
routing in February/March 2022, that Palm Beach
County, Florida, was experiencing misrouted calls
with tower-based routing at a rate of at least 11%,
and as high as 20–50% along PSAP boundaries.
Intrado PN Comments at 4–5.
12 In the Commission’s 2023 annual 911 fee
report, respondents reported receiving a combined
total of approximately 158 million wireless 911
voice calls in calendar year 2022. FCC, Fifteenth
Annual Report to Congress on State Collection and
Distribution of 911 and Enhanced 911 Fees and
Charges at 16, Table 3 (2023), https://www.fcc.gov/
general/911-fee-reports (Fifteenth Annual 911 Fee
Report). Assuming 12% of these calls were
misrouted, misroutes would total nearly 19 million
calls. NENA: The 9–1–1 Association (NENA)
estimates that 23 million wireless 911 voice calls
are misrouted annually. NENA Notice of Proposed
Rulemaking Comments at 2 (rec. Feb. 15, 2023)
(NENA NPRM Comments).
13 See, e.g., Association of Public-Safety
Communications Officials International, Inc.
(APCO) Public Notice Comments at 2 (rec. July 11,
2022) (APCO PN Comments) (noting that ‘‘it’s
possible that a misrouted call will introduce a delay
of a minute or longer’’); NENA Public Notice
Comments at 4 (rec. July 11, 2022) (‘‘[T]he general
anecdotal consensus was that a call transfer
typically takes ‘about a minute.’ ’’); Peninsula Fiber
Network Public Notice Comments at 1 (rec. July 8,
2022) (‘‘Each transfer takes between 15 to 90
seconds to set up and complete.’’).
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emergency response.14 This delay can
have deadly consequences.15
7. Location-Based Routing Notice of
Inquiry. In 2018, the Commission
released a Notice of Inquiry seeking
comment on issues related to misrouted
wireless 911 calls, including the
feasibility of location-based routing.
Historically, generating precise caller
location information typically required
too much time to be used for 911 call
routing. The Commission noted,
however, that then-recent advances in
location technology suggested it was
feasible to pinpoint a wireless 911 voice
caller’s location quickly enough to
support an initial routing determination.
The Commission also found that many
location-based routing methods were
promising. The record received in
response to the Notice of Inquiry
confirmed the emergence of potential
location-based routing solutions but also
14 For example, on June 4, 2020, 16-year-old Fitz
Thomas drowned at Confluence Park on the
Potomac River, which separates Loudoun County,
Virginia, and Montgomery County, Maryland. Press
Release, Loudoun County Office of the County
Administrator, Public Affairs and Communications,
Loudoun County Releases Significant Incident
Review of Goose Creek Drowning at 1 (Aug. 31,
2020), https://www.loudoun.gov/ArchiveCenter/
ViewFile/Item/10062. Due to the incident’s
proximity to the jurisdictional border of the
Potomac River and the use of legacy E911 routing,
both counties received wireless 911 calls routed
from the park located on the Virginia side of the
river. Id. at 2. Efforts to determine Thomas’s actual
location contributed to a delay in dispatching first
responders. Id. On July 15, 2022, Ma Kaing was shot
and killed by a stray bullet outside her home in the
East Colfax neighborhood of Denver. Jennifer
Kovaleski, Stuck on the line: Cellphone calls routed
to the wrong 911 center are costing life-saving
seconds, Denver7 (Nov. 19, 2022), https://
www.denver7.com/news/investigations/stuck-onthe-line-cellphone-calls-routed-to-the-wrong-911center-are-costing-life-saving-seconds. The news
media reported that four calls from her family and
neighbors were misrouted to a neighboring PSAP
and required transfer; three callers hung up after
waiting minutes on hold. Id.
15 The news media have widely reported on such
tragic occurrences. For example, in December 2015,
dispatchers were unable to locate Shanell
Anderson, who drowned after accidentally driving
off the road and into a pond close to the line
between Fulton and Cherokee Counties in Georgia.
Brendan Keefe and Phillip Kish, Lost on the Line:
Why 911 is broken, 11ALIVE (Aug. 12, 2019),
https://www.11alive.com/article/news/local/lost-onthe-line-why-911-is-broken/85-225104578.
According to the news media, Shanell Anderson
was able to call 911, but the call was picked up by
a cell tower in Fulton County and routed to that
county’s PSAP, where critical minutes were lost
while dispatchers sought to determine the county
in which she was located (Cherokee County). Id. In
another incident in 2008, Olidia Kerr Day made a
wireless 911 call before she was fatally shot in a
murder-suicide in front of the Plantation, Florida,
police department. Sofia Santana, Cell Phone 911
Calls Are Often Routed to the Wrong Call Centers,
Sun Sentinel (June 21, 2008), https://www.sunsentinel.com/sfl-flbsafe911calls0621sbjun21story.html. According to the news media, although
she placed the call in Plantation, the call was
routed to the 911 center in Sunrise, Florida, and
had to be transferred to Plantation. Id.
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indicated uncertainty about the
capabilities of such solutions at the
time.16
8. Location-Based Routing Public
Notice. In June 2022, the Commission
released a Public Notice to refresh the
record on location-based routing
developments since the Notice of
Inquiry.17 Commenters confirmed that
continued reliance on legacy E911
routing methodology results in a
considerable number of wireless 911
voice call misroutes, which imposes
significant burdens on public safety.
Public safety commenters agreed that
early location-based routing
implementations by CMRS providers
had shown that the technology was now
technologically feasible. Several
commenters noted that device-based
hybrid (DBH) location technologies 18
were widely available on mobile devices
and could be used for routing a high
percentage of wireless 911 voice calls.
9. Location-Based Routing Notice of
Proposed Rulemaking. On December 22,
2022, the Commission adopted the
notice of proposed rulemaking in this
proceeding, which proposed rules for
CMRS and covered text providers to
implement location-based routing for
wireless 911 voice calls and 911 texts 19
16 Commenters to the Notice of Inquiry offered
varying opinions about whether technologies were
capable of location-based routing without delaying
911 calls. See, e.g., AT&T Notice of Inquiry Reply
at 11 (rec. June 28, 2018) (‘‘Even the most promising
of location-based technologies . . . have limits.’’);
Motorola Solutions, Inc. Notice of Inquiry
Comments at 2 (rec. May 7, 2018) (asserting that
testing has confirmed that location-based wireless
routing is faster and more accurate than legacy
wireless routing).
17 Federal Communications Commission Seeks to
Refresh the Record on Location-Based Routing for
Wireless 911 Calls, PS Docket No. 18–64, Public
Notice, 37 FCC Rcd 7196, 7196 (2022) (Public
Notice).
18 Device-based hybrid (DBH) location is an
estimation method that typically utilizes either a
selection or a combination of location methods
available to the handset in a given environment,
including crowd-sourced Wi-Fi, A–GNSS, and
possibly other handset-based sensors. Public Notice,
37 FCC Rcd at 7197–98 n.8 (citing CSRIC V LBR
Report at 16). It also includes an associated
uncertainty estimate reflective of the quality of the
returned location. Id.
19 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.’’ 47 CFR 9.10(q)(9). The
Commission’s text-to-911 rules are technology
neutral and apply to both Short Message Service
(SMS) and real-time text (RTT). Transition from
TTY to Real-Time Text Technology; Petition for
Rulemaking to Update the Commission’s Rules for
Access to Support the Transition from TTY to RealTime Text Technology, and Petition for Waiver of
Rules Requiring Support of TTY Technology, CG
Docket No. 16–145, GN Docket No. 15–178, Report
and Order, 31 FCC Rcd 13568, 13593, para. 45
n.181 (2016), 82 FR 7699 (January 23, 2017) (RTT
Order). RTT transition obligations only apply to a
subset of covered text providers: ‘‘those entities that
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nationwide, including wireless 911
voice calls and 911 text messages
originating in legacy, transitional, and
NG911-capable public safety
jurisdictions.20 The Commission
proposed to establish requirements with
respect to the accuracy and timeliness of
location information CMRS and covered
text providers would use to comply
with location-based routing
requirements. In particular, the
Commission proposed to require CMRS
providers and covered text providers to
use location-based routing for 911 calls
and texts when they have location
information that meets the following
specifications for timeliness and
accuracy: (i) the information must be
available to the provider network at the
time the call or text is routed, and (ii)
the information must identify the
caller’s horizontal location within a
radius of 165 meters at a confidence
level of at least 90%.
10. The Commission also proposed
that when location information does not
meet one or both of these requirements,
CMRS providers and covered text
providers would be required to route
911 calls and texts based on the best
available location information, which
could include cell tower coordinates. In
addition, to help ensure that public
safety jurisdictions transitioning to
NG911 could realize the benefits of
location-based routing in an efficient
and cost-effective manner, the
Commission proposed to require CMRS
providers and covered text providers to
deliver wireless 911 voice calls, texts,
are involved in the provision of IP-based wireless
voice communication service, and only to the
extent that their services are subject to existing TTY
technology support requirements under Parts 6, 7,
14, 20, or 64 of the Commission’s rules.’’ RTT
Order, 31 FCC Rcd at 13576–77, para. 12.
20 Notice of Proposed Rulemaking, 37 FCC Rcd at
15184–85, para. 3. In the notice of proposed
rulemaking, the Commission used the term
‘‘NG911-capable’’ to refer to PSAPs or jurisdictions
that have implemented IP-based network and
software components that are capable of supporting
the provision of NG911, including but not limited
to an Emergency Services internet Protocol Network
(ESInet). Id. at 15184, para. 3 n.5. NG911 relies on
IP-based architecture rather than the Public
Switched Telephone Network (PSTN)-based
architecture of legacy 911 to provide an expanded
array of emergency communications services that
encompasses both the core functionalities of legacy
E911 and additional functionalities that take
advantage of the enhanced capabilities of IP-based
devices and networks. Framework for Next
Generation 911 Deployment, PS Docket No. 10–255,
Notice of Inquiry, 25 FCC Rcd 17869, 17877, para.
18 (2010), 76 FR 2297 (January 13, 2011). NG911
architecture also provides for transitional network
components to enable delivery of legacy 911 calls
to ESInets during the transition to full end-state
NG911. See id. at 17878, para. 20 (explaining that
emergency calls can be delivered to ESInets from
legacy networks).
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and location information for routing 21
in IP format upon request of 911
authorities 22 who have established the
capability to accept NG911-compatible
IP-based 911 communications. At the
time of the notice of proposed
rulemaking, AT&T, T-Mobile, and
Verizon had stated publicly in the
record or elsewhere that they had
deployed or planned to deploy locationbased routing to some extent on their
networks for voice calls.23 The
Commission received twenty-six
comments, fourteen replies, and several
ex parte filings.
11. Virtually all public safety
commenters and some additional
commenters support Commission action
to require CMRS providers to
implement location-based routing for
wireless 911 voice calls. Multiple public
safety commenters and Intrado support
the Commission’s proposal that CMRS
providers implement location-based
routing nationwide. Commenters
representing wireless interests urge the
Commission to allow CMRS providers
to implement location-based routing
voluntarily or on a PSAP-by-PSAP basis,
as opposed to a nationwide mandate.
With respect to text-to-911, numerous
commenters support requiring covered
text providers to implement locationbased routing, but some commenters
contend that such a requirement would
be premature. Citing a lack of technical
standards for routing SMS texts to 911,
NENA, ATIS, and Southern Linc oppose
requiring covered text providers to
implement location-based routing for
21 In NG911 architecture, device-based location
information embedded in IP-formatted 911 calls is
first used by the provider to route the call to an
ESInet, and the ESInet operator then applies NG911
network routing policies to the embedded
information to route the call to the appropriate
PSAP. Notice of Proposed Rulemaking, 37 FCC Rcd
at 15203, para. 53.
22 While the Commission has not specifically
defined the term ‘‘911 authorities’’ in this
proceeding, we use this term in this document to
generally mean ‘‘[t]he state, territorial, regional,
Tribal, or local agency or entity with the authority
and responsibility under applicable law to
designate the point(s) to receive emergency calls.’’
NG911 Notice of Proposed Rulemaking at *21, para.
53 (proposing a definition of the term ‘‘911
Authority’’ that would define the term for purposes
of Commission rules related to the NG911
transition).
23 Press Release, T-Mobile USA, Inc. (T-Mobile),
T-Mobile First to Roll Out Cutting-Edge 911
Capabilities (Dec. 17, 2020), https://www.tmobile.com/news/network/tmobile-next-generation911-location-based-routing (T-Mobile Dec. 17, 2020
Press Release); T-Mobile Public Notice Reply at 2
& n.6 (rec. July 25, 2022) (T-Mobile PN Reply);
AT&T PN Comments at 4; CB Cotton, Verizon plans
to update 911 routing technology after Denver’s East
Colfax neighborhood calls for change, Denver7
(Aug. 5, 2022), https://www.denver7.com/news/
local-news/verizon-plans-to-update-911-routingtechnology-after-denvers-east-colfax-neighborhoodcalls-for-change.
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SMS but suggest that the Commission
should require location-based routing
for IP-based text solutions such as RTT.
12. In response to the Commission’s
proposed timeliness and accuracy
requirements for use of location-based
routing, some commenters express
support for the proposed
requirements,24 while others oppose the
proposed accuracy threshold and
request flexibility for providers to set
their own thresholds. In response to the
Commission’s proposed requirement for
CMRS and covered text providers to
deliver 911 calls, texts, and associated
routing information in IP format upon
request of 911 authorities who have
established the capability to accept such
communications, multiple commenters
ask the Commission to address such
proposals together with corresponding
proposed requirements for other types
of originating service providers in a
separate proceeding.25
13. NG911 Notice of Proposed
Rulemaking. In June 2023, the
Commission adopted a notice of
proposed rulemaking in PS Docket No.
21–479 to advance the nationwide
transition to Next Generation 911
(NG911 Notice of Proposed
Rulemaking). In the NG911 Notice of
Proposed Rulemaking, the Commission
proposed to require wireline,
interconnected Voice over internet
Protocol (VoIP), and internet-based
Telecommunications Relay Service
(TRS) providers to complete all
translation and routing to deliver 911
calls, including associated location
information, in the requested IP-based
format to an Emergency Services IP
network (ESInet) or other designated
point(s) that allow emergency calls to be
answered, upon request of 911
24 APCO NPRM Comments at 2; Adams County et
al. NPRM Comments at 3; Boulder Regional
Emergency Telephone Service Authority (BRETSA)
Notice of Proposed Rulemaking Reply at 6 (rec.
Mar. 20, 2023) (BRETSA NPRM Reply); Intrado
NPRM Comments at 5; see also AT&T NPRM
Comments at 4 (supporting a definition of ‘‘devicebased location information’’ that is tied to
timeliness and accuracy metrics ‘‘that the
Commission believes would represent a significant
improvement over cell-based routing
methodologies’’).
25 Letter from Christiaan Segura, Director,
Regulatory Affairs, CTIA—The Wireless Association
(CTIA), to Marlene H. Dortch, Secretary, FCC, PS
Docket No. 18–64, at 2 (filed July 3, 2023) (CTIA
July 3, 2023 Ex Parte); Intrado NPRM Comments at
2, 5–6; Texas 9–1–1 Entities NPRM Comments at 5–
6 n.21; NENA NPRM Reply at 4–5; Verizon Notice
of Proposed Rulemaking Reply at 4–5 (rec. Mar. 20,
2023) (Verizon NPRM Reply) (recommending the
Commission ‘‘coupl[e] LBR with a framework for i3based NG911 implementation’’); see also Letter
from Joely Denkinger, Regulatory Counsel, Federal
Affairs, GCI Communication Corp. (GCI), to Marlene
H. Dortch, Secretary, FCC, PS Docket Nos. 18–64,
21–479, at 1 (filed July 17, 2023) (GCI July 17, 2023
Ex Parte).
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authorities who have certified the
capability to accept IP-based 911
communications. This proposal is
similar to that proposed for CMRS and
covered text providers in the notice of
proposed rulemaking in this proceeding.
14. Ongoing Location-Based Routing
Deployment. As the Commission noted
in the notice of proposed rulemaking,
several developments indicate that
location-based routing has become a
viable methodology for CMRS providers
to route wireless 911 voice calls and
texts. These developments include
studies on misroutes and location-based
routing technology and increased
deployment of DBH location
technologies on consumer handsets.26
In 2019, ATIS published two studies on
legacy E911 misroutes and the
feasibility of location-based routing.27 In
those studies, ATIS concluded that
‘‘location-based routing is technically
feasible within the timing
considerations recommended by
[Communications Security, Reliability,
and Interoperability Council (CSRIC)]
V’’ 28 and evaluated where ‘‘sub-optimal
routing’’ occurred for a sample set of
wireless emergency calls. ATIS has also
issued two standards that support
location-based routing: ATIS–0700042
(Enhancing Location-Based Routing of
Emergency Calls) and ATIS–0700015
(ATIS Standard for Implementation of
3GPP Common IMS Emergency
Procedures for IMS Origination and
ESInet/Legacy Selective Router
26 Press Release, CTIA, Wireless Industry
Announces Development in Improving 9–1–1
Location Accuracy (Sept. 5, 2018), https://
www.ctia.org/news/wireless-industry-announcesdevelopment-in-improving-9-1-1-location-accuracy;
Letter from Paul Margie, Counsel, Apple Inc., to
Marlene H. Dortch, Secretary, FCC, PS Docket No.
18–64 et al., at 2 (filed Sept. 24, 2019) (Apple Sept.
24, 2019 Ex Parte). Device-based hybrid (DBH)
location is ‘‘[a]n estimation method that typically
utilizes either a selection or a combination of
location methods available to the handset in a given
environment—including crowd-sourced Wireless
Fidelity (Wi-Fi), Assisted-Global Navigation
Satellite System (A–GNSS), and possibly other
handset-based sensors.’’ ATIS–0700042 at 2. ‘‘It also
includes an associated uncertainty estimate
reflective of the quality of the returned location.’’
Id.
27 ATIS–0700042; ATIS–0500039. ATIS observed
that calls that are ‘‘sub-optimally routed’’ tend to
occur ‘‘[a]long PSAP boundaries,’’ ‘‘[i]n areas
having a dense concentration of PSAPs,’’ ‘‘[a]round
major water features,’’ and ‘‘[a]long narrow strips of
jurisdictional territory.’’ ATIS–0500039 at 12.
28 ATIS–0700042 at 22. CSRIC is a Federal
advisory committee subject to the requirements of
the Federal Advisory Committee Act (FACA), 5
U.S.C. App. 2, and charged with providing
recommendations to the Commission to ensure,
among other things, the security and reliability of
communications systems. FCC, Communications
Security, Reliability, and Interoperability Council,
https://www.fcc.gov/about-fcc/advisorycommittees/communications-security-reliabilityand-interoperability-council-0 (last visited Jan. 17,
2023).
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Termination). The Competitive Carriers
Association (CCA) states that in these
and other documents, ‘‘ATIS has
defined several architecture options that
carriers can use to provide locationbased routing as well as several call
flow options from which carriers can
choose to employ to conduct locationbased routing.’’ 29
15. The three nationwide CMRS
providers are continuing to deploy
location-based routing for wireless 911
voice calls on their networks. AT&T
completed the rollout of location-based
routing on its network in June 2022 and
uses location-based routing to deliver
wireless 911 voice calls to nearly all
PSAPs nationwide, regardless of
whether such PSAPs support legacy
E911 or are transitioning to NG911.30 TMobile launched location-based routing
on its network in the states of Texas and
Washington in 2020 and as of December
2023 had deployed location-based
routing for wireless 911 voice calls to
1,591 PSAPs with an additional 596 in
progress.31 In December 2023, Verizon
reported that it had implemented
location-based routing for wireless 911
voice calls to 414 PSAPs with an
additional 277 PSAPs in progress.
16. For wireless 911 voice calls,
AT&T, T-Mobile, and Verizon have, to
date, implemented their own different
thresholds to determine whether device
29 CCA NPRM Comments at 7. CCA also states
that ‘‘3GPP has also addressed how to implement
location-based routing, and several 3GPP
specifications relate to location services and
emergency calling.’’ CCA NPRM Comments at 9. In
particular, CCA identifies TS 23.167, entitled
‘‘Technical Specification Group Services and
System Aspects; IP Multimedia Subsystem (IMS)
emergency sessions,’’ as identifying ‘‘architectural
principles, location information principles, a
reference architecture, functional descriptions,
procedures for establishing an IMS emergency
session, call flows, and related information.’’ Id.
CCA also notes that other 3GPP specifications,
including TS 36.305—‘‘Stage 2 functional
specification of User Equipment (UE) positioning in
E–UTRAN’’ and TS 38.305—‘‘NG Radio Access
Network (NG–RAN); Stage 2 functional
specification of User Equipment (UE) positioning in
NG–RAN,’’ provide additional pertinent
information regarding the implementation of
location services data. Id. at 9–10.
30 AT&T PN Comments at 4; AT&T NPRM
Comments at 1. AT&T notes that a few PSAPs are
using unique internal routing solutions and that the
company is working to ensure that its
implementation of location-based routing meets the
needs of these PSAPs. AT&T PN Comments at 4 n.3.
31 Letter from Eric Hagerson, Government Affairs
Director, Public Safety and Security, T-Mobile, to
Marlene H. Dortch, Secretary, FCC, PS Docket No.
18–64 at 1 (filed Dec. 21, 2023) (T-Mobile Dec. 21,
2023 Ex Parte). T-Mobile reports that it only
deploys location-based routing in response to a
PSAP’s request. See, e.g., T-Mobile Public Notice
Comments at 1, 4–7 (rec. July 11, 2022) (T-Mobile
PN Comments); T-Mobile PN Reply at 2–4. For
context, the latest NENA data indicate that 5,748
PSAPs operate in the United States. NENA, 9–1–1
Statistics, https://www.nena.org/page/911Statistics
(last visited Jan. 17, 2024).
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location information arriving with the
call is sufficiently precise for routing.
According to Intrado, AT&T’s locationbased routing solution uses a threshold
with a radius of 165 meters and 90%
confidence, which has enabled AT&T to
use location-based routing for over 80%
of all wireless 911 voice calls on its
network. T-Mobile reports that it has
implemented ‘‘a location estimate
uncertainty threshold for LBR currently
set to 300 meters with a confidence
level of 90%,’’ and reports that more
than 95% of location estimates available
at call routing fall within these
metrics.32 Verizon reports that it uses
‘‘an accuracy threshold of 200 meters
maximum horizontal uncertainty with
confidence of 90 percent.’’ AT&T, TMobile, and Verizon state that they
default to legacy E911 routing when
device location information arriving
with the call exceeds the radius of the
providers’ respective thresholds.
17. Text Messaging Platforms. Since
2014, all CMRS providers and covered
text providers have been required to
support delivery of 911 texts to PSAPs
that are capable of receiving them.
While availability of text-to-911 has
increased significantly as more PSAPs
become text-capable, the number of 911
texts sent by the public is far smaller
than the number of wireless 911 voice
calls.33 The Commission’s text-to-911
rules are technology neutral and apply
to both SMS and RTT.
18. SMS is the predominant mobile
wireless messaging technology in use
for 911 texts today. SMS is not an IPnative format, though IP-enabled
networks can deliver SMS traffic. All
three nationwide CMRS providers
report that they are using location-based
routing for at least some SMS texts to
32 Letter from Kristine Laudadio Devine, Counsel
to T-Mobile USA, Inc., HWG LLP, to Marlene H.
Dortch, Secretary, FCC, P.S. Docket Nos. 18–64, 21–
479, at 1 (filed July 26, 2023) (T-Mobile July 26,
2023 Ex Parte). For purposes of this document, we
assume that when commenters specify an
uncertainty measurement for an implementation of
location-based routing, that they are referring to the
radius in meters from the reported position at the
same confidence level. This assumption is
consistent with prior Commission discussion of
confidence and uncertainty data in the Wireless
Location Accuracy proceeding, i.e., that the
uncertainty statistical estimate is expressed as a
radius in meters around the reported position, and
the confidence level is expressed as a percentage,
indicating the statistical probability that the caller
is within the area defined by the uncertainty. See,
e.g., Wireless E911 Location Accuracy
Requirements, Fourth Report and Order, PS Docket
No. 07–114, 30 FCC Rcd 1259, 1326–27, para. 182
n.458 (2015), 80 FR 11806 (March 4, 2015).
33 In the Commission’s 2023 annual 911 fee
report, respondents reported receiving a combined
total of 824,609 texts to 911 in comparison to
157,999,298 wireless 911 voice calls reported by
respondents in calendar year 2022. Fifteenth
Annual 911 Fee Report at 13–16, Table 3.
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911, but this implementation appears to
be distinct from and less extensive than
the implementation of location-based
routing for 911 voice calls. According to
Verizon, ‘‘SMS still uses call path,
routing and device processing methods
that are distinct from VoLTE and RTT
calls, with architecture configurations
that still resembles second- and thirdgeneration networks in some respects.’’
AT&T reports that it provides devicebased hybrid location for ‘‘the majority
of text messages’’ but does not provide
specifics.34 T-Mobile reports that it is
using location-based routing for at least
some text-to-911 messages.35 Verizon
indicates that it ‘‘has worked with its
wireless 911 vendor Comtech to
incorporate LBR in Comtech’s
centralized text control center (TCC) in
a manner that supports LBR for 911 text
messages nationwide.’’ 36 Moreover,
while the nationwide providers appear
to be capable of using location-based
routing for some SMS texts, NENA and
other commenters indicate that
standards have not been developed for
location-based routing of SMS and that
further work on standards is needed.
19. RTT, unlike SMS, is a native IP
technology, in which each text character
appears on the receiving device at
roughly the same time it is typed on the
sending device, allowing for a
conversational flow of communication.
RTT also allows text characters to be
sent simultaneously with voice, which
allows the PSAP to both see the typed
message and hear background noises
and potentially the voice of the caller.
The Commission’s rules require that
CMRS providers choosing to implement
RTT to and from any PSAP served by
their network in lieu of text telephone
(TTY) technology must do so in a
manner that fully complies with all
applicable 911 rules.37 The Commission
also requires CMRS providers who
choose to support RTT to make RTT
backward-compatible with TTY devices.
This enables PSAPs without end-to-end
RTT capability to use their existing TTY
34 AT&T PN Comments at 5. AT&T explains that
‘‘[w]hen the SMS message arrives at the TCC, [the
TCC] queries [AT&T’s] wireless network for
commercial location estimates to deliver the text
message to the appropriate PSAP.’’ Id.
35 T-Mobile July 26, 2023 Ex Parte at 3. T-Mobile
explains that texts to 911 are routed from TMobile’s network to its TCC vendor and, ‘‘whenever
possible,’’ T-Mobile includes device-based hybrid
location information with those texts. Id.
36 Verizon Dec. 7, 2023 Ex Parte at 1. Verizon
states that its location-based routing
implementation will support location-based routing
for RTT. Verizon NPRM Comments at 5.
37 RTT Order, 31 FCC Rcd at 13591–92, para. 43.
This includes the requirement to deliver RTT
communications within six months to PSAPs that
submit a valid request. Id. at 13592–93, para. 45 &
n.181.
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terminals to handle RTT 911
communications.38
20. While SMS is used more
frequently than RTT for messaging to
911, CMRS providers are beginning to
partner with some PSAPs to implement
end-to-end RTT capabilities. T-Mobile
reports that it is currently operating
NG911 RTT technology at a PSAP in
Hood County, Texas. Verizon indicates
that it now supports RTT for 911 in
Livingston Parish, Louisiana, and Logan
County, West Virginia. The record does
not indicate the degree to which CMRS
providers have implemented locationbased routing for RTT communications
to 911, but the providers and other
industry commenters state that locationbased routing for RTT communications
to 911 is feasible.39
A. Location-Based Routing
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1. Wireless 911 Voice Calls
21. We adopt requirements for
nationwide and non-nationwide CMRS
providers to implement location-based
routing as proposed in the notice of
proposed rulemaking for voice calls,
with certain modifications. Specifically,
we require all CMRS providers to (1)
deploy technology that supports
location-based routing on their IP-based
networks (i.e., 4G LTE, 5G, and
subsequent generations of IP-based
networks), and (2) use location-based
routing to route all wireless 911 voice
calls originating on their IP-based
networks when location information
meets certain requirements for accuracy
and timeliness. We note that nothing in
this decision, including the definition of
‘‘location-based routing’’ and other rules
we adopt, authorizes the use of any nonU.S. satellite system in conjunction with
the 911 system. CMRS providers seeking
to employ foreign satellite navigation
systems for 911 should follow the
existing approval process.
22. We require nationwide CMRS
providers to comply with these locationbased routing requirements for voice
calls within six months after the
effective date of the final rules. We
require non-nationwide CMRS
providers to comply with these location38 RTT Order, 31 FCC Rcd at 13590, para. 39.
Currently, RTT communications to 911 that are
received at many PSAPs are converted to TTY.
Letter from AnnMarie Killian, Chief Executive
Officer, TDIforAccess, Inc., and Mark Seeger, Policy
Coordinator, TDIforAccess, Inc., to Marlene H.
Dortch, Secretary, FCC, PS Docket No. 18–64, at 2
(filed Aug. 31, 2023).
39 Verizon NPRM Comments at 5 (‘‘Verizon’s
planned LBR implementation for VoLTE will
support real-time-text (RTT) 911 calls.’’); see also
ATIS NPRM Comments at 3 (urging the
Commission ‘‘to clarify that only providers of such
next generation text solutions [as defined in ATIS
and NENA standards] are required to use LBR’’).
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based routing requirements for voice
calls within 24 months after the
effective date of the final rules in
recognition of resource constraints faced
by these providers. As discussed below,
we adopt these requirements in light of
record support that location-based
routing for wireless 911 voice calls
promotes public safety, is
technologically feasible at reasonable
cost for both nationwide and nonnationwide CMRS providers, and has
been deployed by the three nationwide
CMRS providers. We find that these
requirements are necessary to extend
the demonstrated, life-saving benefits of
location-based routing to all wireless
911 callers nationwide.
a. Nationwide and Network-Wide
Implementation
23. We require all CMRS providers to
deploy location-based routing
technologies for voice calls across their
IP-based networks. In the notice of
proposed rulemaking, the Commission
sought comment on whether CMRS
providers should be required to use
location-based routing to deliver 911
calls to all PSAPs served by their
networks, or whether the requirement
should be triggered by PSAP request or
limited to certain categories of PSAPs.
We find that requiring CMRS providers
to implement this technology across
their IP network areas is necessary to
ensure that wireless 911 callers receive
the demonstrated benefits of improved
routing, regardless of the caller’s
geographic location or CMRS provider.
24. We find that nationwide
implementation of location-based
routing will reduce 911 call transfers
and improve wireless 911 service. As
wireless 911 voice calls account for the
vast majority of communications to 911,
we consider it to be particularly
important that these calls are routed to
the appropriate PSAP.40 CMRS
providers’ voluntary deployments of
location-based routing have resulted in
important and evident improvements to
911 wireless voice call routing. The
record indicates that ongoing
deployments of location-based routing
have significantly reduced the
occurrence of transferred wireless 911
voice calls.41 AT&T estimates that, as a
40 In the Commission’s 2023 annual 911 fee
report, respondents reported receiving a combined
total of 157,999,298 wireless 911 voice calls in
calendar year 2022 out of a total call volume of
217,654,456 from wireless wireline, VoIP, and other
providers. Fifteenth Annual 911 Fee Report at 13–
16, Table 3.
41 AT&T NPRM Comments at 2; Texas 9–1–1
Entities Public Notice Comments at 2–4 (rec. July
11, 2022) (Texas 9–1–1 Entities PN Comments)
(showing that average percentage of 911 call
transfers for two out of three PSAPs in initial beta
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18493
result of its nationwide implementation,
10% of all wireless 911 voice calls on
its network received a more optimal
route and therefore did not need to be
transferred. The National Association of
State 911 Administrators (NASNA)
states that uniform implementation of
location-based routing has the potential
to route 911 calls to the right PSAP
faster than traditional cell sector-based
routing in many cases and, in an
emergency, ‘‘seconds can mean the
difference between life and death.’’
Public safety commenters emphasize,
and we agree, that increasing the
implementation of location-based
routing will reduce delays and save
lives.42 We find that it is in the public
interest that the benefits of locationbased routing should extend to all
wireless 911 callers, regardless of the
CMRS provider or jurisdiction from
which the call is made.
25. Further, the public safety
community strongly supports requiring
CMRS providers to deploy locationbased routing on a nationwide basis.
Several public safety organizations urge
the Commission to require CMRS
providers to implement location-based
sites decreased by roughly 4–5% after T-Mobile
implemented location-based routing; the remaining
PSAP showed a slight increase in transfers of less
than 1%); T-Mobile, T-Mobile First to Roll Out
Cutting-Edge 911 Capabilities (Dec. 17, 2020),
https://www.tmobile.com/news/network/tmobilenext-generation-911-location-based-routing
(announcing that some areas where T-Mobile
implemented location-based routing have
experienced up to 40% fewer call transfers).
42 BRETSA NPRM Comments at 9 (‘‘By
eliminating delay in delivery of a 9–1–1 call to the
correct PSAP, LBR can improve outcomes.’’);
BRETSA NPRM Reply at 4 (‘‘LBR reduces delay in
processing and dispatching 9–1–1 calls even where
9–1–1 [m]isroutes do not occur.’’); Industry Council
for Emergency Response Technologies, Inc. (iCERT)
NPRM Comments at 2 (‘‘The improved location and
routing methodology made available with LBR will
reduce the potential for 911 voice calls and texts to
be directed to Public Safety Answering Points
(PSAPs) that are not the ones best able to provide
timely and effective response. As a result, the use
of LBR technologies should eliminate the delays
associated with 911 call transfers, improve
emergency response times, and save lives.’’);
Intrado NPRM Comments at 2 (‘‘Requiring LBR for
all CMRS and text providers will ensure the
availability of this life saving location technology
for all 911 callers while increasing the efficiency of
Public Safety Answering Points (PSAPs) by
eliminating the time and effort to execute call
transfers.’’); Defense Information Systems Agency
(DISA) NPRM Comments at 2 (‘‘The vast majority
of 911 calls from wireless devices destined for DoD
PSAPs are currently being misrouted. DoD bases
would immediately benefit from the reduction in
call delivery time has a direct and immediate
impact on emergency incident response.’’); APCO
NPRM Comments at 1 (noting that location-based
routing has saved valuable time for PSAPs and
callers). In addition, AT&T notes that Kurt Mills,
the Executive Director of Snohomish County
(Washington) 911, has described location-based
routing as a ‘‘game changer’’ that caused the County
to experience a ‘‘significant decrease in 9–1–1
transfers.’’ AT&T NPRM Comments at 1–2.
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routing. Other public safety commenters
and Intrado also support a nationwide
location-based routing requirement.43
The record indicates that the
nationwide CMRS providers have
implemented location-based routing
without increased costs or problems for
public safety.44 In particular, no
commenter indicates that AT&T’s
nationwide implementation of locationbased routing, completed to ‘‘virtually
all’’ PSAPs in June 2022, has caused
additional cost or other problems for
public safety.45 Given the success of
nationwide CMRS providers in
voluntarily implementing locationbased routing on their IP-based
networks, and in particular the success
of AT&T’s nationwide implementation,
we agree with Boulder Regional
Emergency Telephone Service Authority
(BRETSA), which states that requiring
wireless service providers to implement
location-based routing at the earliest
possible moment is ‘‘a no-brainer.’’ 46
43 See, e.g., APCO NPRM Comments at 2 (stating
that ‘‘location-based routing should be required of
wireless carriers nationwide’’); DISA NPRM
Comments at 2 (‘‘CMRS providers should use LBR
to deliver 911 calls to all PSAPs served by their
networks.’’ (emphasis in original)); Adams County
et al. NPRM Comments at 2 (‘‘The Commission
should require location-based routing on a
nationwide basis.’’); Loudoun County NPRM
Comments at 3 (‘‘Loudoun strongly supports the
proposed rules requiring wireless carriers and
covered text providers to implement all available
technology options for location-based routing of 911
calls and texts nationwide using the device-based
location.’’); BRETSA NPRM Comments at 10
(‘‘There is no question but that the Commission
should require all CMRS providers to implement
LBR for wireless voice calls and text messages as
soon as possible.’’); Intrado NPRM Comments at 1
(‘‘Intrado strongly supports the Commission’s
proposed requirement for nationwide
implementation of location-based routing (LBR) of
wireless 911 calls and texts.’’).
44 Adams County et al. NPRM Comments at 2
(stating that the commenting entities ‘‘have not
experienced increased costs, adverse impacts, or
significant issues with the implementation of
location-based routing’’); Colorado Council of
Authorities (CCOA) NPRM Reply at 3 (stating that
‘‘deployments [of LBR for at least six Colorado 911
authorities] were successful and without significant
issue or additional expense’’).
45 We note that AT&T indicated in July of last
year that it had ‘‘very few exceptions’’ to its
nationwide rollout, and indicated that ‘‘a few
PSAPs are using unique applications of Emergency
Services Numbers to implement internal routing
solutions. . . and that [the company was] working
with these PSAPs to ensure [its] location-based
routing solution meets their unique needs.’’ AT&T
PN Comments at 4, n.3. T-Mobile also notes that it
is aware of ‘‘at least one instance’’ in which ‘‘an
emergency calling authority requested that another
911 vendor indefinitely suspend using LBR for 911
calls to its PSAPs because the vendor’s LBR
implementation resulted in a greater number of 911
calls that required transfer to another PSAP.’’ TMobile NPRM Comments at 5. T-Mobile did not
provide additional details on this occurrence,
including when it occurred or whether or not the
issue was resolved.
46 BRETSA NPRM Comments at 3 (internal
quotations omitted). Joseph Lyons, Dispatch
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26. We also find that requiring
location-based routing to all PSAPs
nationwide supports the Commission’s
goal to promote parity of wireless 911
service across jurisdictions. NASNA
states, and we agree, that ‘‘[a]ttempting
to create areas of exclusive enhanced
location accuracy fosters deployment of
disparate levels of service; all those who
call or text 911 should benefit from
LBR.’’ NENA points out, and we agree,
that ‘‘[i]t would be inequitable to restrict
the life-saving benefits of location-based
routing only to residents of and visitors
to the United States with the good
fortune of having an emergency in a
convenient location.’’ Commenters also
urge the Commission not to limit
deployment of this technology to
jurisdictions subject to frequent
misroutes or to jurisdictions that have
deployed NG911 capabilities. Intrado
comments that even in low misroute
areas, the implementation of locationbased routing will result in a significant
reduction in misroutes compared to
relying exclusively on tower-based
routing.47 Public safety commenters also
note that implementation of locationbased routing on a nationwide basis will
provide technological consistency for
PSAPs, which will help them provide
better service, and that technological
consistency between CMRS providers is
important for managing the expectations
of 911 callers.48
27. Wireless industry commenters
oppose a mandatory nationwide
approach,49 arguing instead that CMRS
Supervisor for the City of Poughkeepsie 911
Communications Center, also states that locationbased routing is a ‘‘no brainer.’’ Joseph Lyons
NPRM Comments at 1.
47 Intrado NPRM Comments at 3, n.6. See also
Colorado Public Utilities Commission (COPUC)
NPRM Comments at 5–6 (‘‘The implementation of
location-based routing on all cell tower sectors is
the best way to ensure that instances of misrouted
calls are minimized to the greatest extent
possible.’’).
48 Michigan State 911 NPRM Comments at 1
(‘‘[H]aving some [CMRS providers] provide LBR
while others do not, creates an expectation for
callers that all wireless calls provide this
information to 911 centers, and that 911 centers
will be able to locate them when they are
experiencing an emergency.’’).
49 See, e.g., T-Mobile NPRM Comments at 3 (‘‘TMobile cautions the Commission from adopting
rules that require wireless carriers to do nothing
more than turn on location-based routing regardless
of PSAP preference.’’); Verizon NPRM Comments at
2 (‘‘[I]nstead of a blanket flash-cut nationwide
implementation deadline, implementation should
be based on PSAP requests. . . .’’); CTIA NPRM
Comments at 4 (‘‘[A]ny obligation for a provider to
commence use of LBR to route wireless 9–1–1 voice
calls to a PSAP should only be triggered by a ‘valid
request’ from a state or local 9–1–1 authority.’’).
One public safety commenter, the Colorado Council
of Authorities (CCOA), also ‘‘gives deference to the
comments of T-Mobile, Verizon, and CTIA that
deployment of LBR for wireless 911 voice calls
should be initiated by a valid request from a PSAP
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providers should implement locationbased routing voluntarily or only in
response to individual PSAP requests.50
These commenters argue that CMRS
providers should only be required to use
location-based routing for 911 calls to a
particular PSAP after receiving a valid
request from that PSAP. In addition,
they argue that for a PSAP request to be
deemed valid, the PSAP should be
required to demonstrate that it is
‘‘technically ready’’ 51 to receive calls
routed using location-based routing and
to provide shapefiles of PSAP
boundaries to CMRS providers.52 As
explained below, we find that the
concerns of industry commenters are
unsupported in the record, contradict
the stated preferences of public safety
for a nationwide approach to
deployment, and would unnecessarily
delay the benefits of location-based
routing to the public.
28. Per-PSAP Implementation. We
decline to adopt a per-PSAP
deployment approach. Contrary to the
assertion of industry commenters, the
record does not demonstrate that
individual PSAPs must take specific
technical steps in order to be ready to
receive wireless 911 calls routed using
location-based routing. The generation
of location-based routing information as
contemplated in this proceeding occurs
entirely within CMRS provider
networks prior to call delivery to the
PSAP,53 and therefore there are no
specific actions that PSAPs need to take
to be technically ready to receive
wireless 911 calls routed by devicebased rather than tower-based location.
As the Colorado Public Utilities
Commission (COPUC) states, ‘‘Because
LBR is performed before the call is even
delivered to the 9–1–1 system service
provider for delivery to the PSAP, there
or governing 911 authority.’’ CCOA NPRM Reply at
1 (footnote omitted).
50 Verizon NPRM Comments at 2; T-Mobile
NPRM Comments at 3; iCert NPRM Comments at 2;
RWA NPRM Comments at 4; Southern Linc NPRM
Reply at 4; see also AT&T NPRM Comments at 3
(arguing for either a per-PSAP approach or ‘‘a
process under which a PSAP could signal that it
requires more time to achieve readiness, and that
PSAP would be carved out from the six-month
requirement.’’).
51 CTIA NPRM Comments at 4 (stating that ‘‘[t]o
make a valid request, a PSAP should be technically
ready to receive 9–1–1 calls routed using LBR’’);
CCA Notice of Proposed Rulemaking Reply at 6
(rec. Mar. 20, 2023) (CCA NPRM Reply); RWA
NPRM Comments at 3.
52 T-Mobile NPRM Comments at 7 (stating that a
valid request must be conditioned on ‘‘the
provision of accurate shapefiles—and the
maintenance and update of those shapefiles’’).
53 As Intrado notes, CMRS providers must
implement a geospatial routing-capable Gateway
Mobile Location Center (GMLC) in order to enable
their networks to support location-based routing.
Intrado NPRM Comments at 3.
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is no additional preparation that must
be made by the PSAP in order for
carrier-provided LBR to be of benefit.’’
29. AT&T’s completed rollout of
location-based routing on its nationwide
network provides additional evidence
that location-based routing can be
successfully deployed without requiring
PSAPs to demonstrate technical
readiness. AT&T deployed locationbased routing in 2022 on a region-byregion basis and completed its
nationwide rollout in less than six
months.54 Moreover, although AT&T
supports the Commission adopting a
per-PSAP approach in which each PSAP
would have to request location-based
routing, it is notable that AT&T did not
use this approach in its own rollout.
Instead, AT&T deployed location-based
routing to ‘‘virtually all PSAPs’’ in the
U.S. without soliciting PSAP-by-PSAP
requests or requiring each PSAP to
demonstrate technical readiness. Thus,
it does not appear that these are
necessary prerequisite steps before
CMRS providers implement locationbased routing nationwide on their
networks.
30. We also do not agree with
commenters’ assertions that PSAPs are
not ready from an operational
perspective to manage changes in call
distribution or volume resulting from
the implementation of location-based
routing on a nationwide basis. T-Mobile
asserts that ‘‘[m]any emergency
authorities want to understand the
impact LBR will have on operations,
call volume, and workflows before
deploying it; they often also want the
ability to implement reporting and
tracking of call transfers prior to
enabling LBR in order to understand
and see the effects of the new 911
routing.’’ 55 T-Mobile cites its initial
implementation of location-basedrouting in Minnesota and Texas,56
54 AT&T Comments at 3. In a news release
announcing AT&T’s rollout of location-based
routing, AT&T stated ‘‘The nationwide rollout has
started and is available in Alaska, Colorado, Hawaii,
Idaho, Montana, Oregon, Washington, Wyoming,
Kansas, Illinois, Iowa, Minnesota, North Dakota,
Missouri, Nebraska, South Dakota and Guam.
Additional regions will be rolled out over the next
several weeks. The nationwide rollout is scheduled
to be completed by the end of June.’’ Press Release,
AT&T, AT&T Launches First-Ever Nationwide
Location-Based Routing with Intrado to Improve
Public Safety Response for Wireless 9–1–1 Calls
(May 10, 2022), at https://about.att.com/story/2022/
nationwide-location-based-routing.html.
55 T-Mobile NPRM Comments at 5 (emphasis
omitted).
56 See Metropolitan Emergency Services Board,
Metropolitan Emergency Services Board 9–1–1
Technical Operations Committee July 15, 2021 Draft
Meeting Minutes at 7, https://mn-mesb.org/wpcontent/uploads/July-TOC-Meeting-Packet070921.pdf (indicating that at the time of
deployment in select counties in Minnesota, no
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where T-Mobile states that 911
authorities required First Office
Applications (FOAs) before expanding
deployment to more PSAPs. However,
T-Mobile’s initial deployments in those
areas occurred at a time when no other
carrier had deployed location-based
routing for 911 anywhere in the U.S.,
which could reasonably lead the first
PSAPs receiving location-based routed
calls to take a cautious approach. Since
then, AT&T has implemented locationbased routing nationwide to thousands
of PSAPs with no reported adverse
operational impacts. To the contrary,
the record indicates that PSAPs have
reaped operational benefits from
implementation of location-based
routing in the form of reduced misroutes
and call transfers.
31. CMRS providers’ assertions about
potential adverse operational impacts to
PSAPs are also contradicted by virtually
all statements of public safety
commenters on the record. Despite
industry commenters’ preference,57 the
vast majority of public safety
commenters support a rapid nationwide
rollout of location-based routing and
specifically oppose the per-PSAP
approach advocated by CMRS
providers. Only one public safety
commenter, the Colorado Council of
Authorities, Inc. (CCOA), supports the
per-PSAP approach in order to ensure
‘‘collaboration’’ between PSAPs and
service providers. We agree that such
collaboration is important to the
successful implementation of locationbased routing, and we encourage PSAPs
and 911 authorities to collaborate
during the implementation period
established. However, this does not
require establishing a process in which
every PSAP must affirmatively opt in to
location-based routing. In fact, such a
process would be far more cumbersome
than a uniform nationwide
implementation timetable and could
lead to fragmented and inconsistent
deployment. We agree with APCO that
given the immediate feasibility of
nationwide implementation, substantial
voluntary deployment that has already
occurred, and the clear public safety
other carriers had deployed or announced future
deployment of location-based routing);
Metropolitan Emergency Services Board,
Metropolitan Emergency Services Board 9–1–1
Technical Operations Committee Agenda at 25 (Jan.
21, 2021), https://mn-mesb.org/wp-content/
uploads/January-Meeting-911-TOC-Packet012121.pdf (including a presentation from T-Mobile
to Greater Harris County, Texas, indicating that
‘‘[t]oday, T-Mobile is the only wireless carrier
positioned to route 911 calls based on caller
location, rather that [sic] cell sector’’).
57 T-Mobile NPRM Comments at 5; see also iCERT
NPRM Comments at 2 (arguing for a per-PSAP
approach as location-based routing ‘‘may impact a
PSAP’s operations’’).
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benefits of location-based routing,
deployment and use of location-based
routing should not be optional or
conditional.
32. We are also not persuaded by
commenters who compare
implementation of location-based
routing to past implementation of the
Commission’s E911 Phase I and Phase II
location requirements 58 or text-to-911,59
which were predicated on individual
PSAPs achieving the technical
capability to receive E911 location data
and 911 texts, respectively.60 For
location-based routing, there is no
similar reason to predicate CMRS
provider compliance on PSAP technical
capability, because AT&T’s rollout
demonstrates that PSAPs do not need to
have any specific technical capabilities
in place to receive calls routed using
location-based routing. Accordingly, we
agree with COPUC that ‘‘[t]here is no
compelling reason to require PSAPs to
opt in to this service or to predicate the
use of location-based routing
methodology on any sort of ‘readiness’
of the PSAP.’’ Implementing locationbased routing on a per-PSAP basis could
lead to uneven and inconsistent
implementation of routing approaches
between jurisdictions and result in a
risk of wireless 911 misroutes for
jurisdictions that do not request
location-based routing service. We find
that this would be contrary to the public
interest and the Commission’s interest
in facilitating improved routing of
wireless 911 voice calls.
33. Voluntary Implementation. We
also decline to permit CMRS providers
to deploy location-based routing on a
58 T-Mobile NPRM Comments at 4; CCOA NPRM
Reply Comments at 1–2; see also 47 CFR 9.10(d)(1),
(f), (g), (m).
59 T-Mobile NPRM Comments at 4; CTIA NPRM
Comments at 4; see also 47 CFR 9.10(q)(10)(ii) and
(iii).
60 To receive texts, PSAPs must either upgrade
their equipment to receive text messages or
implement text-to-911 capabilities on existing
equipment. T911 Second Report and Order, 29 FCC
Rcd at 9861, para. 32, 79 FR 55367 (September 16,
2014). To receive Phase I location information,
PSAPs must use switches, protocols, and signaling
systems that will allow them to obtain the calling
party’s number from the transmission of ANI.
Revision of the Commission’s Rules to Ensure
Compatibility with Enhanced 911 Emergency
Calling Systems, CC Docket No. 94–102, RM–8143,
Report and Order, 11 FCC Rcd 18676, 18709, para.
63 n.119 (1996), 61 FR 40348 (August 2, 1996). To
receive Phase II location information, PSAPs must
‘‘install equipment to determine the geographic
coordinates of the caller, transfer that information
through the telephone networks, and have a
mapping system in place at the PSAP that can
display the latitude and longitude coordinates of
the caller as a map location for dispatching
assistance.’’ General Accounting Office, Uneven
Implementation of Wireless Enhanced 911 Raises
Prospect of Piecemeal Availability for Years to
Come, GAO–04–55, at 9 (Nov. 2003), https://
www.gao.gov/assets/gao-04-55.pdf.
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purely voluntary basis. Wireless entities
supporting voluntary implementation
argue that flexibility in implementation
is needed to account for differences in
providers’ networks and devices and to
allow technologies to continue to
evolve.61 However, public safety
commenters note that permitting CMRS
providers to deploy location-based
routing on a purely voluntary basis
would require additional and
unnecessary coordination and would
only delay the implementation of
location-based routing as a general
matter. The record confirms the
Commission’s reasoning in the notice of
proposed rulemaking that relying on
voluntary implementation would
‘‘result in inconsistent routing of calls to
PSAPs and a higher risk of 911
misroutes for subscribers on CMRS
networks that did not support locationbased routing.’’ Thus, we find that
allowing CMRS providers to implement
location-based routing on a voluntary
basis would undermine our goal of
ensuring that this important capability
benefits all wireless 911 callers
nationwide.
b. Technical Considerations
34. Technological Feasibility. We find
that implementing location-based
routing for wireless 911 voice calls is
technologically feasible for nationwide
and non-nationwide CMRS providers.
The three nationwide CMRS providers
have implemented location-based
routing for wireless 911 voice calls
across or for some part of their
networks. CCA, an industry association
with membership including nonnationwide CMRS providers, states that
‘‘wireless carriers can eventually deploy
location-based routing to any PSAP’’ if
provided with adequate time and
financial support. iCERT agrees that
location-based routing is technologically
feasible. NGA 911 also offers support for
this conclusion, stating that both
Google’s Emergency Location Service
(ELS) and Apple’s Hybridized
Emergency Location (HELO) provide a
device location estimate, and these
mobile operating systems comprise
99.62% of the handset market. NENA
states that AT&T’s nationwide
deployment of location-based routing
demonstrates that ‘‘transitional locationbased routing mechanisms are
technically feasible and improve 9–1–1
outcomes, and are in use today.’’ No
commenter argues that implementing
61 CTIA
NPRM Reply at 3 (urging the Commission
to provide flexibility for wireless providers to
implement location-based routing in the manner
that meets their ‘‘unique network and handset
configurations’’ and is coordinated with public
safety); see also CCA NPRM Reply at 1–2.
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location-based routing on CMRS
provider networks is technologically
infeasible.
35. Calls originating on IP-based
networks. In light of the technical
obstacles and ongoing retirement of
legacy networks, we apply our locationbased routing requirements to IP-based
networks but we decline to require
location-based routing for 911 calls
originating on circuit-switched, timedivision multiplex (TDM) networks.
This is consistent with the
Commission’s proposal in the notice of
proposed rulemaking and is supported
by commenters. For example, the Rural
Wireless Association (RWA) agrees that
requiring location-based routing for 911
calls originating on TDM networks
would be unduly burdensome. CCA
asserts that ‘‘TDM networks can lack the
speed and capacity necessary to
transmit and evaluate confidence and
uncertainty information and query the
location server for PSAP routing
instructions prior to the time for a call
to commence.’’ ATIS assumes for
purposes of ATIS–0700042 that
location-based routing is only supported
on originating networks supporting
Long Term Evolution (LTE) and
beyond.62
36. PSAP Boundary Maps. Some
commenters contend that location-based
routing requirements should be
conditioned on 911 authorities
providing updated maps or shapefiles of
PSAP boundaries to CMRS providers.
We conclude that such a condition is
unnecessary. We recognize that
accurately mapping PSAP jurisdictional
boundaries is important to the accurate
routing of 911 calls. However, the
record demonstrates that CMRS
providers and the third-party vendors
they use to route 911 calls already have
maps and shapefile records of PSAP
boundaries generated to support earlier
E911 deployments and upgrades,63 and
62 ATIS–0700042 at 6. CCA argues that limiting
location-based routing to IP-based wireless
networks provides ‘‘an important increment of
regulatory relief’’ but notes that this relief is limited
because many non-nationwide carriers have already
retired non IP-based technology. CCA NPRM
Comments at 12. CCA also asserts that limiting
location-based routing to IP networks does not
reduce costs burdens on the wireless sector. Id. at
12–13. Nonetheless, we find that this provision will
ease burdens for CMRS providers that have not yet
transitioned to IP-based networks.
63 See Verizon July 13, 2023 Ex Parte at 1 (‘‘If
Verizon has a [s]hapefile of the PSAP’s boundaries
due to earlier E911 deployments or upgrades, the
PSAP may be able to simply confirm that the earlier
document remains accurate.’’); GCI Aug. 7, 2023 Ex
Parte at 5 (‘‘GCI’s network serves geographic areas
where the boundaries between PSAP service areas
are sparsely populated or unpopulated, in general.
Therefore, the existing shapefiles could likely be
used to route calls using more precise on-device
location as well.’’).
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that ‘‘numerous companies’’ maintain
PSAP boundary shapefile information to
support CMRS 911 call routing. CMRS
providers have long used this
information to support legacy towerbased routing of 911 voice calls.64
Moreover, the Commission has never
conditioned the 911 routing obligations
of CMRS providers on PSAPs or 911
authorities providing mapping data. As
NASNA explains, legacy and E911
routing ‘‘relies on tabular location
databases that are updated by the
originating service provider,’’ and 911
authorities may support the
maintenance and quality assurance of
these databases, but ‘‘there are no rules
addressing how frequently this data
must be updated, nor is there
transparency when data updates are
operationalized.’’
37. The record indicates that CMRS
providers and their vendors can use
existing PSAP boundary information to
support location-based routing to the
same extent that such information has
supported tower-based routing. The
purpose of this information is to
associate a specified location—whether
it is the caller’s location or the tower
location—with the jurisdiction served
by a particular PSAP, and CMRS
providers are already using this
information to support their
implementation of location-based
routing. If PSAP boundary maps are not
updated to reflect current jurisdictional
boundaries, it is possible that some calls
originated near those boundaries could
be misrouted even when location-based
routing is used. However, the overall
frequency of misroutes is still likely to
be lower than with tower-based location
because tower-based location routes all
calls in a cell sector to the same PSAP
regardless of the jurisdiction where the
caller is located. For example, GCI states
that ‘‘existing shapefiles could likely be
used to route calls using more precise
on-device location’’ information on its
network, although the importance of
updated maps may be affected in some
locations by factors such as population
density near the PSAP boundary area,
the number of PSAPs served, and the
density of cell sites. BRETSA comments
that the record does not indicate
whether the provider of the PSAP
boundary maps AT&T is relying on
‘‘could and would also provide them to
non-national providers and on what
terms.’’ As noted above, we conclude
64 See NASNA NPRM Comments at 4 (‘‘Legacy
and enhanced 911 relies on tabular location
databases that are updated by the originating
service providers (OSPs), and maintained by the
911 service provider to act as the authoritative
source of location information used to validate the
location of the 911 caller.’’).
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that it is not necessary for AT&T’s
provider of PSAP boundary maps to
provide them to other CMRS providers,
who should be able to use their existing
sources of boundary maps.
38. While we do not require PSAPs to
provide updated shapefiles as a
prerequisite to location-based routing,
we recognize that location-based routing
is most effective when service providers
use up-to-date shapefiles that precisely
and accurately identify jurisdictional
boundaries for routing purposes. In
addition, we recognize that 911
authorities and PSAPs are the most
authoritative source for current
jurisdictional boundary information.
Therefore, we encourage CMRS
providers and their third-party vendors
to work with 911 authorities and PSAPs
to ensure that location-based routing
decisions on CMRS provider networks
are based on shapefiles that accurately
reflect current boundaries. NENA
suggests establishment of an
‘‘authoritative database for PSAP
boundary information’’ and states that
with sufficient funding and appropriate
governance, this tool could be expanded
to serve as the industry’s authoritative
reference for location-based routing
purposes. We encourage 911 authorities,
relevant industry groups, and CMRS
providers to consider further whether
such a database is needed, what steps to
take, and what parties should take them.
39. NG911 Geospatial Routing.
NASNA and the Texas 9–1–1 Entities
suggest that as jurisdictions transition to
NG911, location-based routing by CMRS
providers may not be necessary and
could cause delay in call routing by
NG911-capable jurisdictions that will
use ESInets and geospatial routing to
route calls to individual PSAPs.65 While
these parties are correct that NG911 will
introduce new geospatial routing
mechanisms, this does not obviate the
need for the location-based routing
requirements we adopt, nor will these
requirements impede NG911 call
routing.
40. First, while many states have
already made significant commitments
to implementing NG911, the NG911
transition remains ongoing, and there
are no fully enabled NG911 systems yet
operating. As COPUC notes, ‘‘most 911
call delivery networks do not have the
ability to provide geospatial routing at
65 NASNA NPRM Comments at 11 (‘‘By
definition, LBR will introduce delay into the
delivery of the 911 call or text to NG911 that is no
longer needed with a fully functional NG911 system
that is using geospatial routing.’’); Texas 9–1–1
Entities NPRM Comments at 4 (noting that the
NG911 transition in some areas ‘‘may potentially
make it unnecessary for some CMRS providers to
make LBR modifications to their existing legacy 9–
1–1 solutions, at least in those areas’’).
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this time and it is unknown when such
technology will be universally
deployed. Requiring CMRS providers to
deploy LBR in the meantime is essential
. . . .’’ 66 We agree.
41. Second, the provision of locationbased routing information by CMRS
providers will remain essential in the
NG911 environment because NG911
systems will need this information to
perform the additional geospatial
routing functions necessary to direct
911 calls to the correct PSAP behind the
ESInet.67 APCO notes that ‘‘[w]ireless
service providers perform routing
functions before passing a 9–1–1 call or
text to a 9–1–1 network—regardless of
whether the 9–1–1 network is legacy or
IP-based—and even if such networks are
able to perform an additional routing
function, carriers should remain
responsible for first engaging in
location-based routing.’’ BRETSA
further notes that location-based routing
‘‘is not inconsistent with the eventual
transition to full i3 NG9–1–1.’’ 68
Finally, we do not agree that locationbased routing implemented on CMRS
networks consistent with the proposed
rules will introduce delay into NG911
call routing. The location-based routing
requirements we adopt expressly apply
only when location information meeting
the accuracy threshold is available at
time of routing. Thus, these
requirements will not delay delivery of
911 calls in either the legacy E911
environment or the NG911
environment.69
c. Compliance Timelines
42. Overview. We require nationwide
CMRS providers to comply with the
location-based routing requirements
within six months after the effective
date of the final rules, as proposed in
the notice of proposed rulemaking. We
require non-nationwide CMRS
66 NASNA NPRM Comments at 6 (‘‘For localities
that have deployed any form of NG911 this
unrestricted access to 911 call routing data is
mission critical. . . .’’).
67 See Verizon NPRM Comments at 3 (stating that
some jurisdictions ‘‘have implemented their own
form of LBR and prefer that originating service
providers not also perform LBR on a call’’).
68 BRETSA NPRM Reply Comments at 5; see also
Intrado PN Comments at 10 n.14 (‘‘Implementing
LBR on the carrier side has the added benefit of
avoiding any potential adverse consequences to the
present transitional NG911 environment and
eventual NG911 end state. In fact, LBR (and the
enhanced location information behind it) will work
hand-in-hand with the PSAPs ongoing NG911
adoption of IP-based, geospatial ESInets.’’).
69 See Intrado NPRM Comments at 5 (‘‘[T]he
carrier GMLC now has sufficient information and
time with 4G/5G to determine, transmit and
evaluate confidence and uncertainty of devicebased location information and to query the
location server for PSAP routing instructions before
the time to route.’’).
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providers to comply with the locationbased routing requirements within 24
months after the effective date of the
final rules, a time frame which is six
months longer than the eighteen months
proposed in the notice of proposed
rulemaking. We also permit a PSAP and
a CMRS or covered text provider to set,
by mutual consent, alternative deadlines
to implement location-based routing in
the PSAP’s jurisdiction that are different
from those otherwise established by the
rules.
43. Nationwide CMRS Providers. We
require nationwide CMRS providers to
comply with the location-based routing
requirements within six months after
the effective date of the final rules, as
proposed in the notice of proposed
rulemaking. NENA, COPUC, NASNA,
DISA, and iCERT support the proposed
six-month timeline for nationwide
CMRS providers, and no commenter
indicates that it would be infeasible or
burdensome for nationwide CMRS
providers to complete the
implementation of location-based
routing within six months. The three
nationwide CMRS providers have
already deployed or are actively
working toward deploying locationbased routing capabilities on their
networks, indicating that they have
made substantial progress in
implementing this technology at the
network level.70 AT&T has already
deployed location-based routing on a
nationwide basis. Verizon has indicated
that it is ‘‘turning up Location-Based
Routing for hundreds of PSAPs
nationwide’’ and directs ‘‘PSAPs that
are interested in deploying Location
Based Routing to contact Verizon
engineers.’’ This statement indicates
Verizon’s readiness to deploy locationbased routing and that Verizon has
made necessary progress to implement
the technology at the network level. TMobile was the first to deploy this
technology on its network in 2020 and
as of December 2023 had fully
implemented location-based routing for
1,591 PSAPs with an additional 596
PSAPs in progress, which indicates that
70 AT&T completed the rollout of location-based
routing on its network in June 2022 and uses
location-based routing to deliver wireless 911 voice
calls and texts to nearly all PSAPs nationwide.
AT&T PN Comments at 4; AT&T NPRM Comments
at 1. T-Mobile launched location-based routing on
its network in the states of Texas and Washington
in 2020 and as of December 2023 has fully
implemented location-based routing for 1,591
PSAPs with an additional 596 PSAPs in progress.
T-Mobile NPRM Comments at 3–5; T-Mobile PN
Reply at 2 n.6. In December 2023, Verizon reported
that it had initiated location-based routing for 414
PSAPs with an additional 277 PSAPs in progress.
Verizon Dec. 7, 2023 Ex Parte at 1.
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it has made progress on implementing
the technology on a network level.
44. The nationwide CMRS providers
do not argue for an implementation
timeline that is longer than six months
from the effective date of the rules.
Instead, T-Mobile, AT&T, Verizon, and
CTIA support a six-month timeline for
nationwide providers conditioned on
each PSAP requesting location-based
routing and demonstrating technical
and operational readiness. As discussed
above, we have determined that a perPSAP request mechanism would delay
the critical benefits of a nationwide
deployment of location-based routing
and is not a necessary component to
ensure PSAP operational continuity
during the transition. Industry
commenters’ arguments nevertheless
indicate that nationwide providers are
capable, from both a technical and cost
perspective, of deploying location-based
routing within a six month timeframe.
Indeed, if the Commission were to adopt
a per-PSAP request mechanism and all
or virtually all PSAPs opted in
immediately, the nationwide CMRS
providers would effectively be required
to deploy location-based routing
nationwide within six months. Finally,
we accord little weight to AT&T’s
request to condition CMRS provider
compliance timelines on PSAP requests,
as AT&T deployed location-based
routing on a nationwide basis and states
that it ‘‘was able to deploy locationbased routing to virtually all PSAPs
within a six-month timeframe,’’ with
few exceptions.
45. Some commenters point out that
the nationwide CMRS providers had
several years to plan and carry out their
voluntary implementation of locationbased routing. However, we disagree
that this argues in favor of allowing the
nationwide providers more than six
months to complete nationwide
implementation. Location-based routing
technology is no longer nascent,
unknown to PSAPs, or unproven. Use of
location-based routing has expanded
significantly since 2020, when T-Mobile
first deployed it, technical standards
now exist for its implementation, all
three nationwide carriers have deployed
it on their networks, and public safety
is aware of and eager for this improved
routing technology. Given the extent of
this progress, we believe that six months
is more than adequate for nationwide
CMRS providers to implement locationbased routing nationwide. We therefore
find that six months from the effective
date of the rules provides adequate time
for these providers to complete the
implementation on their networks.
NENA, COPUC, NASNA, DISA, and
iCERT support the proposed six-month
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timeline for nationwide CMRS
providers, and no commenter indicates
that it would be infeasible or
burdensome for nationwide CMRS
providers to complete the
implementation of location-based
routing within six months.
46. APCO, Adams County et al., and
Fenwick support a timeline shorter than
six months for nationwide providers to
deploy location-based routing. We
decline to adopt a shorter mandatory
timeline, as it is unclear whether it is
feasible for all three nationwide CMRS
providers to complete their deployment
of location-based routing in fewer than
six months. However, nationwide CMRS
providers may deploy location-based
routing voluntarily prior to the
compliance deadline.
47. Non-Nationwide CMRS Providers.
In the notice of proposed rulemaking,
the Commission proposed an 18-month
timeline for non-nationwide CMRS
providers to implement location-based
routing.71 We received mixed comments
on this issue. NASNA, iCERT, and
COPUC support the proposed 18-month
timeline for non-nationwide CMRS
providers,72 while other public safety
entities argue for a shorter timeline.73
On the other hand, CMRS provider
commenters generally support a longer
timeline for non-nationwide CMRS
providers to implement location-based
71 Notice of Proposed Rulemaking, 37 FCC Rcd at
15195, para. 26.
72 NASNA NPRM Comments at 11 (agreeing with
18-month timeline for non-nationwide CMRS
providers); iCERT NPRM Comments at 2
(supporting 18-month timeline for non-nationwide
CMRS providers); COPUC NPRM Comments at 3
(agreeing with the 18-month timeline for nonnationwide CMRS providers); see also NENA
Comments at 3 (stating, as a general matter, that
‘‘the Commission has proposed sufficient
compromises to avoid undue burden on the
wireless industry, such as a later implementation
date for non-nationwide CMRS providers’’).
73 Adams County et al. NPRM Comments at 2
(stating that 18-month implementation schedule for
non-nationwide CMRS providers is ‘‘acceptable,’’
but noting that ‘‘[s]ooner is better’’); APCO NPRM
Comments at 3. BRETSA comments that nonnationwide CMRS providers have not yet
determined the actual cost and time required to
implement location-based routing, and urges the
Commission to require non-nationwide CMRS
providers to implement location-based routing
within six or twelve months (i.e., rather than
eighteen months) and to ‘‘grant waivers or
extensions upon showings of the actual costs of and
impediments to deployment.’’ BRETSA NPRM
Reply at ii; id. at 13 (‘‘Such an approach would
allow providers a reasonable time to implement
LBR, while avoiding unnecessary delay and impacts
upon victims of accidents, illnesses, crimes, and
fires.’’). BRETSA also suggests that in rural areas,
which generally have a lower incidence of
misroutes (e.g., because a single PSAP serves the
entire county), regional wireless providers should
have an ‘‘earlier date for implementation of LBR,’’
with deployment prioritized based on the level of
misroutes, and ‘‘allowing a longer overall phase-in
period.’’ BRETSA NPRM Comments at 7–8.
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routing. CTIA states that ‘‘nonnationwide providers need more time to
deploy LBR capability than the 18
months proposed in the NPRM due to
the significant costs and technical
modifications necessary to implement
LBR.’’ GCI recommends that nonnationwide CMRS providers be given a
timeline of at least 24 months or
potentially longer. RWA recommends
that small rural CMRS providers be
given 36 months to implement locationbased routing.74 CCA asserts that nonnationwide providers need at least four
years to ‘‘select, test, modify, perfect,
and deploy’’ location-based routing,
stating that AT&T’s deployment took
four years and that ‘‘[m]ost CCA
member companies do not possess
anywhere near the scope and scale of
resources that AT&T enjoys.’’ Southern
Linc agrees with CCA’s concerns that
non-nationwide CMRS providers may
require considerably longer than 18
months.
48. The Commission has previously
recognized that non-nationwide CMRS
providers can face obstacles that
warrant additional time for compliance
beyond the time afforded to nationwide
CMRS providers during technology
transitions. Smaller CMRS providers
may have difficulty obtaining necessary
commitments from device makers,
technology vendors, and software
service providers to implement locationbased routing within a time frame that
would be feasible for nationwide CMRS
providers. We therefore adopt a timeline
of twenty-four months (two years) from
the effective date of the rules for nonnationwide CMRS providers to deploy
and begin using location-based routing.
This timeline provides an additional 18
months beyond the deadline applicable
to nationwide CMRS providers. We
adopt this extended timeline in
recognition of the obstacles that nonnationwide CMRS providers may
encounter in deploying location-based
routing on their networks. We also
anticipate that the additional time will
assist non-nationwide CMRS providers
in absorbing capital costs. It is
consistent with past Commission
decisions to permit non-nationwide
CMRS providers additional time to
74 RWA NPRM Comments at 1–3. RWA discusses
reasons smaller carriers require more time and
financial support, including that ‘‘many RWA
members are in the midst of efforts to ‘rip and
replace’ unsecure Huawei and ZTE equipment in
their networks,’’ id. at 2, which is a ‘‘top priority
over regulatory compliance unrelated to national
security.’’ Id. at 3. RWA requests small rural CMRS
providers have 36 months from effective date of
final rules to implement, ‘‘and then only if the
PSAP is capable of handling the call routing.’’ Id.
at 3.
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accommodate technology transitions.75
Based on the progress that nationwide
CMRS providers have made and that
some non-nationwide CMRS providers
advocate for a 24-month timeline, it is
our predictive judgment that the 24
months afforded will be sufficient from
both technological feasibility and cost
perspectives for non-nationwide CMRS
providers to implement location-based
routing. If individual CMRS providers
encounter unique or unusual factual
circumstances that support a lengthier
timeline, they may seek a waiver under
the Commission’s waiver rules.76
49. We decline to extend the timeline
for compliance for non-nationwide
CMRS providers to thirty-six months or
four years, as advocated by RWA and
CCA, respectively. RWA argues that
small non-nationwide CMRS providers
should have 36 months to comply with
location-based routing requirements
because they are simultaneously
focusing ‘‘substantial time and
attention’’ on replacing network
equipment under the Secure and
Trusted Communications Networks
Reimbursement Program
(Reimbursement Program), which they
assert takes ‘‘top priority over regulatory
compliance unrelated to national
security.’’ We see no basis for extending
the 24-month location-based routing
timeline for non-nationwide CMRS
providers based on their concurrent
obligations under the Reimbursement
Program. Protecting national security
and ensuring effective 911 emergency
response are both important regulatory
obligations that all CMRS providers
must meet. We reject the view that one
takes priority over the other. In
addition, RWA has failed to show how
the timeline for the Reimbursement
Program would conflict with nonnationwide provider implementation of
location-based routing when
Reimbursement Program removal,
replacement, and disposal deadlines are
determined on an application-specific
basis 77 and may be extended pursuant
75 For example, for horizontal location accuracy
requirements, certain benchmarks for nonnationwide CMRS providers are tied to the
deployment of specifical technical capabilities,
which has permitted additional time for
compliance. See 47 CFR 9.10(i)(2)(i)(B)(3), (4). For
vertical location accuracy requirements, certain
non-nationwide CMRS providers are permitted an
additional year to meet relevant benchmarks. See 47
CFR 9.10(i)(2)(ii)(F).
76 47 CFR 1.925.
77 FCC, Secure and Trusted Communications
Networks Reimbursement Program Second Report
at 4 (July 10, 2023), https://docs.fcc.gov/public/
attachments/DOC-395005A1.pdf. See Protecting
Against National Security Threats to the
Communications Supply Chain Through FCC
Programs, WC Docket No. 18–89, Second Report
and Order, 35 FCC Rcd 14284, 14354, para. 170
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to the conditions set forth in the Secure
and Trusted Communications Networks
Act and the Commission’s rules.78
50. RWA also argues that locationbased routing should only be required
‘‘to the extent that there is federal
financial support afforded to small
providers for the cost of compliance and
additional time afforded for compliance
beyond that proposed in the NPRM.’’
The Commission has never conditioned
CMRS providers’ compliance with 911
obligations on the receipt of Federal
funding and we decline to do so.
Further, the record does not provide
compelling evidence that such funding
is necessary. RWA fails to provide any
specific estimates as to the actual cost
of compliance for its members or to
otherwise document a need for Federal
financial support.79 Without
information on the actual cost of
compliance or specific impacts of such
compliance on CMRS providers, naked
claims that Federal financial support is
necessary in order for CMRS providers
to comply with the Commission’s 911
requirements lack merit. As noted
above, if an individual CMRS provider
encounters unique or unusual factual
circumstances, it may seek a waiver
under the Commission’s waiver rules.80
51. CCA argues that a four-year
timeline is needed to account for ‘‘levels
(2020), 86 FR 2904 (January 13, 2021). The
Commission may grant recipients extensions of this
term on an individual basis. See Secure and Trusted
Communications Networks Act of 2019, Public Law
116–124, section 4(d)(6)(C), 134 Stat. 158, 163
(2020) (Secure Networks Act) (codified at 47 U.S.C.
1603(d)(6)(C)).
78 A Reimbursement Program recipient may
request and the Commission may grant an
individual extension of a recipient’s removal,
replacement, and disposal term for a period of up
to six months after the Bureau finds, that due to no
fault of such recipient, such recipient is unable to
complete the permanent removal, replacement, and
disposal by the end of the term. 47 CFR
1.50004(h)(2); see also Secure Networks Act section
4(d)(6)(C); see also, e.g., Protecting Against National
Security Threats to the Communications Supply
Chain Through FCC Programs, WC Docket No. 18–
89, Order, DA 23–875, at 1, para. 1 (WCB Sept. 22,
2023) (granting Stealth Communications Services,
LLC’s request for extension from September 29,
2023 until March 29, 2024); Protecting Against
National Security Threats to the Communications
Supply Chain Through FCC Programs, WC Docket
No. 18–89, Order, DA 23–938 (WCB Oct. 10, 2023)
(granting extension of time requests by WorldCell
Solutions, LLC, Mediacom Communications
Corporation, Virginia Everywhere, LLC, James
Valley Cooperative Telephone Company, and NE
Colorado Cellular, Inc. d/b/a Viaero Wireless);
Protecting Against National Security Threats to the
Communications Supply Chain Through FCC
Programs, WC Docket No. 18–89, Order, DA 23–
1016 at 1, para. 1 (WCB Oct. 27, 2023) (granting
extension of time requests of Point Broadband Fiber
Holding, LLC and SI Wireless, LLC).
79 RWA NPRM Comments at 1, n.3
(acknowledging that ‘‘RWA members have received
no specific vendor estimates as to the actual cost
of compliance’’).
80 47 CFR 1.925.
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18499
of support the nation’s smaller wireless
carriers typically receive from device
makers, technology vendors, and
software service providers and with the
continued, incremental progress of
PSAP systems in all areas of the country
to support the location-based routing of
emergency communications.’’ However,
CCA has not documented the need for
a four-year timeline as opposed to
twenty-four months to address the
specific obstacles faced by these
providers. Once nationwide CMRS
providers complete their six-month
deployment obligation, non-nationwide
providers will have 18 months to engage
with device makers, vendors, and
consultants. In addition, as noted above,
the timeline is not dependent on PSAPs
making ‘‘incremental progress’’ to
support location-based routing because
PSAPs do not need to take any specific
technical steps to be ready to receive
location-based routed calls.
52. CCA and RWA also argue that
non-nationwide CMRS providers should
be afforded a four-year timeline because
‘‘AT&T required four years to deploy
location-based routing.’’ We disagree.
First, AT&T states that it was able to
deploy location-based routing to
virtually all PSAPs within six months,
not four years as asserted by CCA and
RWA.81 Second, even if AT&T or other
nationwide CMRS providers took
additional time to plan early
implementation of nationwide locationbased routing across their networks, it
does not follow that non-nationwide
CMRS providers need the same amount
of time after the nationwide CMRS
providers have completed their
implementations.82 BRETSA notes that
other providers are likely to require less
time than AT&T to deploy locationbased routing because ‘‘AT&T has
already developed the solution and
provided a roadmap for implementation
of LBR.’’ In fact, the nationwide CMRS
providers have already done critical
work to enable location-based routing
by adopting highly accurate handsetbased location, which AT&T has
confirmed ‘‘is available for locationbased routing on the vast majority of
iOS and Android devices.’’ The
nationwide carriers have also validated
that location-based routing can be used
for the vast majority of wireless 911
calls and that it does not result in
additional call delay or an increase in
abandoned 911 calls. We agree with
iCERT that existing support for location81 AT&T NPRM Comments at 3 (‘‘AT&T was able
to deploy location-based routing to virtually all
PSAPs within a six-month timeframe.’’).
82 See Intrado PN Comments at 10 (‘‘AT&T’s
implementation model provides a roadmap to the
other carriers.’’).
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based routing by nationwide carriers
‘‘provides ample evidence that LBR will
soon be ready for wider
implementation.’’
53. CCA also argues that nonnationwide CMRS providers need
longer timelines to ensure network
reliability and quality of service before
undertaking network-wide locationbased routing implementation. Again,
CCA fails to provide specific examples
of how non-nationwide CMRS
providers’ network reliability and
quality of service would be
compromised by implementing
location-based routing within a 24month timeline. CCA also asserts that
non-nationwide CMRS providers may
use ‘‘different LTE and 5G–NR network
specifications’’ than the nationwide
providers and that it will be challenging
for non-nationwide CMRS providers to
implement location-based routing given
the ‘‘array of potentially viable
standards any one of which might, over
time, fail to achieve scale and fall
behind the other standards in features,
support, and adoption.’’ We believe a
24-month timeline is sufficient to
address these issues. As BRETSA notes,
non-nationwide CMRS providers have
not provided specific vendor estimates
as to the actual cost to implement
location-based routing. We agree with
BRETSA that nationwide CMRS
providers have provided a path for
implementing location-based routing,
and there is no reason to delay
implementation by non-nationwide
CMRS providers beyond the two years
afforded. We conclude that the
considerable benefits of improved 911
routing should extend to all callers,
including subscribers to non-nationwide
CMRS providers’ services, and that
delaying improved 911 routing by more
than 24 months would be inequitable
for these subscribers.
54. Some entities representing nonnationwide CMRS providers argue that
location-based routing will provide
minimal improvement in the areas
which their members serve, and
therefore that the Commission either
should not require location-based
routing or should further delay
compliance with location-based routing
rules for non-nationwide CMRS
providers. CCA asserts that ‘‘locationbased routing may not provide any
meaningful improvement over the status
quo at the cost of dangerously longer
call set up times’’ for smaller CMRS
providers that tend to serve less densely
populated areas.83 Alaska Telecom
83 CCA NPRM Comments at 2–3. As discussed
herein, the Commission’s location-based routing
rules require providers to route on precise location
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notes that Alaska’s unique situation of
geography and low population areas
means fewer misroutes and less benefit
from location-based routing, such that
‘‘costs that carriers will bear to
implement LBR on a short timescale
will far outstrip the potential benefits.’’
We acknowledge that the advantages of
location-based routing in comparison to
legacy E911 routing may not be uniform
across all areas or across all CMRS
providers. However, we agree with
Intrado that ‘‘[e]ven in low misroute
areas, LBR implementation will result in
a significant reduction in misroutes
compared to the current system of
exclusively relying on tower-based
routing.’’ The benefits of improved
routing should accrue to all 911 callers
nationwide, across jurisdictions and
CMRS providers, and 911 authorities
have articulated a clear need for
consistent routing technology across
CMRS providers. We therefore decline
to exempt or postpone location-based
routing implementation on the basis
that it may provide less benefit in some
areas than others.
55. Modification of Deadlines by
Agreement. We recognize that there may
be some narrow scenarios in which
individual PSAPs need additional time
to facilitate location-based routing.84
AT&T states that while it was able to
deploy location-based routing to
virtually all PSAPs within six months,
‘‘some PSAPs required special attention
and more time.’’ To provide flexibility
for PSAPs that request it, we adopt a
rule allowing a PSAP and a CMRS
provider to set, by mutual consent,
deadlines to implement location-based
routing in the PSAP’s jurisdiction that
are different from those otherwise
established by the rules. For example,
the parties may mutually agree to
extend the provider’s timeline for
location-based routing implementation
in the PSAP’s jurisdiction. We
emphasize that parties may not use this
exception to delay implementation and
deployment of location-based routing
information that is available at the network at time
of routing, which renders moot the potential need
for call holding.
84 See, e.g., T-Mobile NPRM Comments at 5
(stating that ‘‘in at least one instance, T-Mobile is
aware that an emergency calling authority requested
that another 911 vendor indefinitely suspend using
LBR for 911 calls to its PSAPs because the vendor’s
LBR implementation resulted in a greater number
of 911 calls that required transfer to another
PSAP’’); AT&T PN Comments at 4 & n.3 (stating that
AT&T completed its location-based routing
deployment by the end of June 2022 ‘‘with very few
exceptions’’ and stating that ‘‘[a] few PSAPs are
using unique applications of Emergency Services
Numbers to implement internal routing solutions’’
and that AT&T is ‘‘working with these PSAPs to
ensure [its] location-based routing solution meets
their unique needs’’).
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indefinitely. Accordingly, in the event
of any agreement to an alternate time
frame for implementing location-based
routing, we require the CMRS provider
to notify the Commission of the agreedto dates within 30 days of the parties’
agreement or 30 days from the effective
date of the final rules, whichever is
later.85 The CMRS provider must
subsequently notify the Commission of
the actual date by which it comes into
compliance with the location-based
routing requirements, within 30 days of
that actual date of compliance or 30
days from the effective date of the final
rules, whichever is later.
2. Text-to-911
56. We require nationwide and nonnationwide CMRS providers to deploy
and use location-based routing for RTT
communications to 911 within 24
months from the effective date of the
final rules adopted. This is a
modification of the rules proposed in
the notice of proposed rulemaking,
which would have required CMRS
providers and all other covered text
providers to deploy and use locationbased routing for all 911 texts within 18
months.86 We extend the compliance
timeline from 18 to 24 months in order
to align compliance timelines for RTT
communications to 911 with the
compliance timelines for nonnationwide providers to implement
location-based routing for wireless 911
voice calls. In addition, we limit our
rules to the routing of RTT
communications to 911 by CMRS
providers. We decline at this time to
extend location-based routing
requirements to SMS text messages to
911, both because industry has not yet
developed standards for implementing
location-based routing on SMS networks
and to avoid requiring providers to
retrofit legacy SMS networks. We
similarly defer extending location-based
routing requirements to interconnected
text providers.
57. Location-Based Routing for RTT.
We find that it is technologically
feasible for CMRS providers to enable
location-based routing for RTT
communications. Because RTT is an IPnative service, RTT communications are
processed on IP-based networks
85 CMRS providers must file such notifications in
PS Docket No. 18–64.
86 Notice of Proposed Rulemaking, 37 FCC Rcd at
15197, para. 33. The term ‘‘‘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.’’ 47 CFR
9.10(q)(1).
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similarly to voice calls originating on IPbased networks. According to NENA, an
RTT session is ‘‘handled and routed the
same way as a voice call and delivers
location just as a voice call would.’’ 87
We agree with NENA that our rules
‘‘should reflect this reality.’’ In addition,
because RTT resembles voice calling in
that it is a real-time, two-way service,
the user experience of RTT is likely to
be similarly sensitive to the delays
associated with misroutes. Given the
technical similarities with processing
voice calls originating on IP-based
networks and strong support for
implementing requirements for locationbased routing for text-to-911 as a general
matter, we adopt a requirement for
location-based routing for RTT
communications to 911 consistent with
the requirements we adopt for wireless
911 voice calls originating on IP-based
CMRS networks. In addition,
commenters specifically support
location-based routing for RTT
communications.88 CMRS providers
urge the Commission to incentivize both
PSAPs and CMRS providers to move
toward next generation texting
technologies such as RTT. We find that
these requirements will help to ensure
87 NENA NPRM Reply at 10. Unlike SMS text-to911, which uses a Text Control Center for routing,
‘‘RTT uses the existing IP-based voice architecture.’’
NENA, NENA PSAP Readiness for Real-Time Text
(RTT) Information Document, NENA–INF–042.1–
2021 at 10 (Jan. 20, 2021), https://cdn.ymaws.com/
www.nena.org/resource/resmgr/standards/nena-inf042.1-2021_rtt_appv.pdf (NENA RTT Information
Document). The RTT communication ‘‘enters the
Common IMS Network via the Proxy/Emergency
Call Session Control Functions (P/E–CSCF) which
provide the routing functions.’’ NENA RTT
Information Document at 13. This is also how
wireless 911 voice calls originating on IP-based
networks are processed. See ATIS–0700015.v005
(‘‘[The P–CSCF] receives the emergency call from
the User Equipment via the Access Network. The
P–CSCF detects that the call is an emergency call
and forwards it to/toward the E–CSCF.’’). Then,
‘‘[t]he Common IMS Network will acquire location
using the Location Retrieval Function (LRF) and
Location Server (LS) and determine the routing
using the Routing Determination Function (RDF).’’
NENA RTT Information Document at 13. Again, this
is also how wireless 911 voice calls originating on
IP-based networks are processed. See ATIS–
0700015.v005 at 24 (‘‘The LRF obtains location
information associated with the emergency call (by
interacting with an LS, if necessary) and uses that
location to acquire routing information for the
emergency call from the RDF.’’).
88 T-Mobile NPRM Comments at 11 (stating that
‘‘stakeholders should focus their efforts on
supporting more robust means of text-based
communication with PSAPs, including RTT’’);
Verizon NPRM Comments at 5 (‘‘Verizon’s planned
LBR implementation for VoLTE will support realtime-text (RTT) 911 calls.’’); NENA NPRM Reply at
9 (‘‘The Commission’s rules should apply to endto-end RTT calls regardless of NG9–1–1
capability.’’); ATIS NPRM Comments at 3 (urging
the Commission ‘‘to clarify that only providers of
such next generation text solutions [as defined in
ATIS and NENA standards] are required to use
LBR’’); see also CTIA NPRM Reply at 8.
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that the benefits of location-based
routing extend to RTT users as more
CMRS providers implement RTT
service. We note that this rule is not
intended to expand CMRS providers’
existing obligations to deploy RTT
capabilities to PSAPs beyond what is
already required by the Commission.89
58. Compliance Deadlines for
Location-Based Routing for RTT. We
require CMRS providers to implement
location-based routing for RTT within
24 months after the effective date of the
final rules on location-based routing.
This timeline is six months longer than
the eighteen-month period the
Commission proposed in the notice of
proposed rulemaking for all covered text
providers to route all texts to 911. Most
of the comments received on timelines
address 911 texts in general, without
specifically addressing issues related to
RTT implementation in particular.90
Some commenters support the
originally proposed 18-month timeline
for text-to 911,91 while others support a
shorter timeline. NASNA suggests that
‘‘it may be more appropriate to apply
the same implementation timeframes for
911 texts that are being applied to voice
911 calls.’’ Other commenters urge that
covered text providers be given a longer
89 RTT transition obligations apply to ‘‘those
entities that are involved in the provision of IPbased wireless voice communication service, and
only to the extent that their services are subject to
existing TTY technology support requirements
under Parts 6, 7, 14, 20, or 64 of the Commission’s
rules.’’ RTT Order, 31 FCC Rcd at 13576–77, para.
12. The Commission requires CMRS providers
transmitting over an IP network that choose to
enable the transmission and receipt of
communications via RTT, in lieu of TTY
technology, to and from any PSAP served by their
network, to enable such service in a manner that
fully complies with all applicable 911 rules. Id. at
13591–92, para. 43. PSAPs require special
capabilities to receive RTT communications from
CMRS providers. Id. at 13592, para. 43. We
recognize that many PSAPs are not currently
capable of supporting RTT communications and
remain reliant on TTY technology to receive calls
from people with disabilities. Texas 9–1–1 Entities
NPRM Comments at 5; see RTT Order at 13592,
para. 43; FCC, What Public Safety Answering Points
Should Know about Real-Time Text at 2 (Oct. 2,
2018), https://www.fcc.gov/sites/default/files/
documents/events/fact_sheet_about_real-time_text_
for_public_safety_answering_points.pdf.
90 Verizon does comment on RTT specifically and
distinguishes it from other 911 texting, with an
indication that it may be easier for Verizon to
implement RTT than SMS location-based routing.
Verizon states that ‘‘[w]hile Verizon’s planned LBR
implementation for VoLTE will support real-timetext (RTT) 911 calls, LBR for SMS is not feasible
using our existing platforms and capabilities, and
would require substantial network- and device-level
changes and upgrades.’’ Verizon NPRM Comments
at 5.
91 See, e.g., iCERT NPRM Comments at 2
(supporting 18-month timeline for all covered text
providers, ‘‘without regard to service area’’); NENA
NPRM Comments at 1; AT&T NPRM Comments at
6 (supporting 18-month compliance timetable, but
conditioned on PSAP request and readiness).
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timeline to implement location-based
routing. For example, Verizon notes that
several parties echo its own comments
regarding the need for a longer
implementation period for 911 texts.
Verizon ‘‘expects that an
implementation period of 18–24 months
for a ‘best available location’ approach
could be technically feasible, provided
that the rules afford wireless providers
flexibility in the location query methods
and per-call thresholds governing
whether precise versus coarse location
is used for routing.’’ 92
59. We conclude that a timeline of 24
months after the effective date of the
rules is technically feasible for CMRS
providers to implement location-based
routing for RTT. We also believe that 24
months will provide sufficient time for
both nationwide and non-nationwide
CMRS providers to implement locationbased routing for RTT. We decline to
adopt a shorter timeline for nationwide
CMRS providers and instead opt,
consistent with the notice of proposed
rulemaking, to apply the same timetable
to all providers for implementation of
location-based routing for RTT
communications. Unlike for 911 voice
calls, the extent to which nationwide
CMRS providers have implemented
location-based routing for RTT is not
clear, though we note that T-Mobile and
Verizon explicitly support this step. In
addition, few PSAPs have developed the
capability to receive end-to-end RTT
communications.93 Since RTT remains
in the early stages of development, we
believe that a unified timeline for
nationwide and non-nationwide CMRS
providers is consistent with the
approach in the Commission’s existing
text-to-911 rules, which do not
distinguish between nationwide and
92 Verizon NPRM Reply at 2; see also, e.g., RWA
NPRM Comments at 3 (indicating smaller providers
need more time to comply than larger providers,
and requesting small rural providers be given 36
months from the effective date of the rules to
implement text-to-911, ‘‘and then only if the PSAP
is capable of handling the call routing’’); Southern
Linc NPRM Reply at 6–8 (stating that if Commission
requires location-based routing for SMS-based texts
to 911, nationwide CMRS providers should have at
least 18–24 months from the effective date of the
rules and non-nationwide CMRS providers should
have an additional 12–18 months beyond that, in
recognition of smaller carriers’ ‘‘additional
challenges and resource constraints’’ and that a
CMRS provider’s obligation to commence use
should only be triggered by a valid request from the
PSAP or other relevant authority).
93 See Donny Jackson, APCO speakers say RTT
being used operationally, could be key platform for
911 in the future, IWCE’s Urgent Communications
(Aug. 8, 2023), https://urgentcomm.com/2023/08/
08/apco-speakers-say-rtt-being-used-operationallycould-be-key-platform-for-911-in-the-future/
(Jackson, APCO speakers) (noting 911 officials
stress the ‘‘nascent operation of RTT for emergency
calling, as only a handful of PSAPs are using the
technology at the moment’’).
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non-nationwide CMRS providers.94 In
addition, given that RTT uses call
processing similar to that used for voice
calls, we anticipate that non-nationwide
CMRS providers will be able to
implement this capability on the same
timeline as location-based routing for
voice calls originating on IP-based
networks. However, we encourage
CMRS providers (nationwide or nonnationwide) to adopt location-based
routing for RTT before the 24-month
deadline if feasible.
60. Location-based routing for SMS.
Some public safety commenters urge the
Commission to require location-based
routing for all texts to 911, including
SMS, so that improved text routing is
available to individuals who are deaf,
hard of hearing, or have speech related
disabilities, and to people in situations
where the sound of a voice call would
place them in peril.95 We agree with
public safety commenters that locationbased routing could provide benefits to
communities that rely on text messaging
to contact 911. However, we decline to
require location-based routing for SMS
messages at this time because the record
indicates that industry has not yet
developed standards for implementing
location-based routing on SMS networks
and because of the potential cost of
requiring covered text providers to
retrofit legacy SMS networks.
61. In particular, commenters note
that enabling location-based routing for
SMS would require updates to the
relevant technical standard, ATIS/TIA
J–STD–110.96 According to NENA,
implementing standards-based SMS
solutions would add at least two years
for standards development, product
development, and deployment. TMobile, Alaska Telecom, and Verizon
94 See
47 CFR 9.10(q)(1), (10).
NPRM Comments at 8; BRETSA NPRM
Reply at 8; NASNA NPRM Comments at 13. DISA
also argues that location-based routing for text-to911 could also decrease the response time for 911
texts originating outside the three-mile line off U.S.
and Territorial shores. DISA NPRM Comments at 1.
96 Verizon NPRM Comments at 5; Southern Linc
NPRM Reply at 7; NENA NPRM Reply at 9, n.41;
ATIS NPRM Comments at 3. ATIS/TIA J-STD110.v002 defines the requirements, architecture,
and procedures for text messaging to 911 emergency
services using native wireless operator SMS
capabilities for the existing and NG911 PSAPs.
ATIS and Telecommunications Industry
Association (TIA), Joint ATIS/TIA Native SMS/
MMS Text to 9–1–1 Requirements and Architecture
Specification—Release 2 at sections 7, 8, and 9
(May 2015), https://webstore.ansi.org/standards/
atis/std110 (ATIS/TIA J–STD–110.v002). In 2014,
the Commission explained that ‘‘The scope of the
J–STD–110 is limited to text messaging to 9–1–1 for
native SMS capabilities, and it does not address
support of text-to-911 for interconnected text
services using ‘over-the-top’ SMS.’’ T911 Second
Report and Order, 29 FCC Rcd at 9864, para. 39
n.106 (citing to a previous version of ATIS/TIA J–
STD–110, Section 1.1).
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95 COPUC
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also note that implementing locationbased routing for SMS would require
potentially costly retrofitting of legacy
SMS networks. Verizon argues that
enabling location-based routing for SMS
‘‘would require substantial upgrades of
Short Message Service Center (SMSC)
and Text Control Center (TCC) facilities
. . . and device changes to enable the
device to override security, privacy and
other functions to access the caller’s
device-level location information.’’ In
addition, Verizon argues that requiring
location-based routing for SMS could
impose duplicative cost and
implementation burdens that would be
unnecessary once a jurisdiction
launches i3 NG911 capabilities. We also
note that some PSAPs remain incapable
of receiving texts and that the volume of
911 texts is far smaller than volume of
wireless 911 voice calls.97 In light of
these factors, we find that it would not
serve the public interest to require
CMRS providers to retrofit legacy SMS
networks.
62. We recognize that the three
nationwide CMRS providers are using
non-standardized location-based routing
techniques to route some SMS texts to
911 today.98 We encourage all CMRS
providers to deploy location-based
routing for SMS messages voluntarily to
the extent that their resources permit,
and we intend to monitor the
development of standards, products,
and other advances affecting locationbased routing for SMS text-to-911.
However, we agree with NENA that ‘‘the
Commission’s rules should not back the
market into adopting non-standardized
technologies for a legacy platform that
the industry is actively working to
phase out.’’
63. We decline to adopt commenters’
alternative proposal to require CMRS
providers to route SMS text messages
using ‘‘best available’’ location
information. Instead of a tiered system,
in which CMRS providers would use
precise location information within a
radius of 165 meters at a 90%
confidence level and otherwise default
to best available location information,
97 As of December 2023, the Commission’s Textto-911 Registry lists 3,201 PSAPs as text-capable.
See FCC, PSAP Text-to-911 Readiness and
Certification Registry, https://www.fcc.gov/general/
psap-text-911-readiness-and-certification-form. In
calendar year 2022, U.S. PSAPs received a
combined total of 824,609 texts to 911 in
comparison to 157,999,298 wireless 911 voice calls.
Fifteenth Annual 911 Fee Report at 13–16, Table 3.
98 See AT&T PN Comments at 5 (describing
AT&T’s location-based routing for text-to-911
implementation); T-Mobile July 26, 2023 Ex Parte
at 3; Verizon Dec. 7, 2023 Ex Parte at 1. NENA also
states ‘‘There are non-standards-based mechanisms
for supporting location-based routing for interim
text 156 which are available and in-use in the
market today.’’ NENA NPRM Reply at 9.
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these commenters suggest a requirement
to route SMS text messages based on
best available location information (i.e.,
there would be no requirement to use
highly precise location information
when it is available from the handset).
Intrado argues that, unlike wireless 911
voice calls to 911, for SMS ‘‘there is no
fallback information available for text
and no technologic way or need to
implement LBR for text differently nor
any means to apply a specific
uncertainty/confidence requirement
. . . .’’ As with the proposed
requirement to route text messages
when available location information
meets our accuracy and timeliness
criteria, solutions that route using ‘‘best
available’’ location information are still
not standards-based. Therefore, we
decline to require CMRS providers to
implement non-standard location-based
routing solutions for SMS text messages
at this time. The Commission may
reconsider if applicable standards are
developed.
64. Under the Commission’s existing
text-to-911 rules, ‘‘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 . . . .’’ 99 The
implementation of location-based
routing, which uses more precise
location information than the towerbased routing method, may change the
PSAP to which a 911 voice call would
otherwise be routed. We do not interpret
this provision to require covered text
providers to obtain the same precise
location information for SMS or other
non-RTT text messages that would be
used for a voice call subject to the
Commission’s location-based routing
rules. Instead, this provision would
continue to require covered text
providers to obtain location information
sufficient to route text messages (other
than RTT) to the same PSAP to which
a wireless 911 voice call would be
routed using coarse location or other
equivalent means, the routing
technology in use at the time of
adoption of this rule.100
65. Location-based routing for other
text-messaging platforms. We decline to
consider location-based routing for
other types of text-messaging platforms,
such as Multimedia Messaging Service
99 47
CFR 9.10(q)(10)(i).
Second Report and Order, 29 FCC Rcd
at 9874, para. 57 (‘‘We require covered text
providers to route texts to 911 using coarse location
(cell ID and cell sector) or other equivalent means
that allows the covered text provider to route a text
to the appropriate PSAP.’’).
100 T911
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(MMS) platforms, at this time. To the
extent that commenters discussed other
text messaging platforms, such
comments combined arguments
regarding SMS and MMS platforms.101
As discussed herein, MMS platforms
rely on many of the same functional
network elements that would be used to
process SMS messages. We therefore
decline to consider requirements for
location-based routing for MMS for the
same reasons discussed in this section
for SMS text. We also decline
consideration of location-based routing
for over-the-top (OTT) platforms, as no
commenter discussed OTT platforms.
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3. Definitions
66. In the notice of proposed
rulemaking, the Commission proposed
to define ‘‘location-based routing’’ as
routing based on the location of the
calling device rather than the location of
network elements such as cell site or
sector. The Commission also proposed a
definition of ‘‘device-based location
information’’ and sought comment on
whether the definition adequately
encompasses current and future location
technologies. We adopt these definitions
as proposed and find that they will add
clarity to the rules while remaining
flexible and allowing for the future
evolution of new technologies. We defer
consideration of the proposed
definitions of other terms relating to IP
delivery for NG911 networks to the
separate NG911 transition proceeding in
PS Docket No. 21–479.102
67. Location-Based Routing. The
notice of proposed rulemaking proposed
to define ‘‘location-based routing’’ as the
use of information on the location of a
device, including but not limited to
device-based location information, to
deliver 911 calls and texts to point(s)
designated by the authorized local or
state entity to receive wireless 911 calls
and texts, such as an Emergency
Services internet Protocol Network
(ESInet) or PSAP, or to an appropriate
local emergency authority. Most
commenters addressing the issue,
including NASNA, NENA, COPUC, and
101 See, e.g., GCI July 17, 2023 Ex Parte at 1 (‘‘LBR
for SMS/MMS text-to-911 would be much more
difficult than for IP-originated wireless calls
. . . .’’); NENA NPRM Reply at 8 (discussing that
‘‘interim text uses SMS/MMS for emergency text
calls’’); Intrado NPRM Comments at 4 (discussing
‘‘SMS/MMS design’’).
102 NG911 Notice of Proposed Rulemaking at *20,
para. 51. For example, commenters discussed
definitions for the terms ‘‘NG911,’’ ‘‘ ‘IP-based’
911,’’ and ‘‘NG911-capable PSAPs,’’ which we
believe would be better addressed in the NG911
proceeding so as to apply to a wider array of 911
originating service providers. See APCO NPRM
Comments at 5; CTIA NPRM Comments at 8;
Southern Linc NPRM Reply at 8–9; NENA NPRM
Reply at 4–5, 7–8.
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Alaska Telecom, support the proposed
definition.103 Alaska Telecom states that
the proposed definition is flexible and
‘‘will give carriers, 911 vendors, and
public safety entities the ability to
invest time and resources into new and
improved location technologies.’’
68. APCO and AT&T suggest that the
definition avoid reference to ‘‘devicebased location information’’ or to
ESInets. APCO states that it does not
disagree with the assumption that
ESInets may be a potential delivery
point for 911 calls, but contends that ‘‘a
simpler approach that does not
reference ESInets could avoid
unintentional limitations.’’ 104 AT&T
argues that identifying ESInets as end
points that state or local 911 authorities
can designate is outside the scope of the
proceeding and unnecessary.105 NENA
and Alaska Telecom oppose narrowing
the definition, and DISA and COPUC
support including ESInets as an
illustrative example. Alaska Telecom
states that ‘‘[t]he Commission’s
proposed definition allows for
technological development and
improvement over time, in contrast to
the changes suggested by APCO’’ to
define ‘‘location-based routing’’ by
reference to uncertainty and confidence
metrics.
69. We adopt the proposed definition
in order to provide guidance to
regulated entities on how to comply
with our location-based routing rules.
This definition of location-based routing
does not extend to tower-based routing
methodologies. We disagree with APCO
that referring to ESInets in the rules as
an illustrative example could
unintentionally limit the location-based
routing definition. APCO objects to
referencing ESInets in the definition
103 NASNA NPRM Comments at 14; COPUC
NPRM Comments at 8; Alaska Telecom NPRM
Reply at 4 (noting also that Alaska Telecom
‘‘believes that it is important that ‘location’ be
limited to the autonomous location derived by the
device, with accuracy based on what is coming
from the device, not information derived by the
carrier network’’).
104 APCO NPRM Comments at 4. APCO does not
specifically identify what such ‘‘unintentional
limitations’’ are, but cites to its discussion of ‘‘the
current state of ESInet capabilities.’’ APCO NPRM
Comments at 4, n.20. APCO asserts that ‘‘ESInets
may or may not be capable of performing locationbased routing after receiving the call from a wireless
service provider. Thus, the NPRM’s consideration
of ‘NG9–1–1 capabilities’ and ESInets as factors for
the location-based routing requirements raises
concerns. The Commission can and should adopt
location-based routing requirements without
considering ‘NG9–1–1’ progress or ESInet
deployment.’’ Id. at 6.
105 AT&T NPRM Comments at 8. However, AT&T
also states that ‘‘individual states and PSAP
authorities can designate ESInets as an endpoint for
the delivery of 911 calls[,]’’ and ‘‘encourages the
Commission . . . to confirm that states and local
jurisdictions have this authority.’’ Id.
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because ‘‘ESInets may or may not be
capable of performing location-based
routing.’’ However, the term is used in
the definition merely to identify ESInets
as a potential delivery point for 911
voice calls and RTT communications,
without any reference to the technical
capabilities of ESInets. Including
ESInets as an illustrative example
clarifies that providers can use locationbased routing to deliver 911 calls to
ESInets, without precluding or limiting
use of other network architectures and
end points. We similarly disagree with
the view that use of the term ‘‘devicebased location information’’ in the
definition is too limiting. Again, the
term is included as an illustrative
example rather than a technological
restriction. Thus, location technologies
that do not use device-based location
information may also fall within the
scope of the location-based routing
definition.
70. Device-Based Location
Information. The notice of proposed
rulemaking proposed to define ‘‘devicebased location information’’ as
‘‘[i]nformation regarding the location of
a device used to call or text 911
generated all or in part from on-device
sensors and data sources.’’ The
Commission noted that this term is used
in the existing rule on delivery of 911
text messages and that the proposed
definition would also apply to that rule.
We conclude that this definition of
‘‘device-based location information’’
provides useful guidance to regulated
entities for compliance with the
location-based routing rules, while
remaining flexible enough to account for
future technological development.
COPUC supports the definition
proposed in the notice of proposed
rulemaking. Several other commenters
urge the Commission to ensure that the
definition is flexible enough to
encompass current and future
technologies.106 We find that the
definition is sufficiently broad and
flexible to meet this goal.
71. We also decline to adopt several
suggestions from the record to modify
the definition of ‘‘device-based location
information.’’ AT&T supports ‘‘a
definition of ‘device-based location
information’ that is tied to timeliness
and accuracy metrics . . . .’’ However,
the ‘‘device-based location information’’
definition is intended to describe a
mechanism for deriving location
106 AT&T NPRM Comments at 3–4 (citing
Commission’s wording in the notice of proposed
rulemaking); see also Alaska Telecom NPRM Reply
at 4 (supporting Commission’s proposed definition
as allowing for technological development and
improvement over time); NENA NPRM Reply at 4
(citing AT&T NPRM Comments at 3–4).
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information rather than determining the
timeliness or accuracy of the
information. In addition, we separately
set forth timeliness and accuracy
metrics elsewhere in the rules. DISA
suggests adding language to indicate
that the location is to be determined ‘‘at
origination (setup) of [a] voice call.’’ We
decline to adopt this suggested change,
as the issue of timeliness of the location
information used for location-based
routing is addressed in other rules we
adopt.
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4. Timeliness and Accuracy of LocationBased Routing Information
72. We require CMRS providers to use
location-based routing for wireless 911
voice calls and RTT communications to
911 when the location information
available to the CMRS provider’s
network at time of routing is
ascertainable within a radius of 165
meters at a confidence level of at least
90%. We anticipate that a substantial
percentage of wireless 911 voice calls
and RTT communications to 911 will
route on location information meeting
the accuracy and timeliness threshold
under the rules adopted. If location
information meeting this threshold is
not available at the time of routing, we
require CMRS providers to use the ‘‘best
available’’ location information for
routing wireless 911 voice calls and
RTT communications to 911. Such ‘‘best
available’’ location information may
include but is not limited to devicebased location information that does not
meet the accuracy threshold, towerbased location information (e.g., the
centroid of the area served by the cell
sector that first picks up the call), or
other location information. The
requirements we adopt are those
proposed in the notice of proposed
rulemaking with slight definitional
modifications.
a. Timeliness Threshold
73. As noted in the notice of proposed
rulemaking, location-based routing
requires information about the caller’s
location to be available quickly enough
to enable the call to be routed without
delaying the normal call set-up process.
We adopt the Commission’s proposal
from the notice of proposed rulemaking
to require the use of location-based
routing only if caller location
information is available to the CMRS
provider network at the time that the
CMRS provider would otherwise route
the call.107 This timeliness threshold is
107 For CMRS providers, ‘‘all 911 calls’’ include
‘‘those [911 calls CMRS providers] are required to
transmit pursuant to subpart C of this part [9].’’ 47
CFR 9.3. This definition therefore extends to texts,
which are subject to 47 CFR 9.10(q), a provision
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intended to avoid delay in transmitting
wireless 911 voice calls and RTT
communications to PSAPs.
74. The record indicates that currently
available technology is routinely
capable of delivering location
information to CMRS provider networks
for wireless 911 voice calls and RTT
communications to 911 in time for
routing without delay.108 Nationwide
CMRS providers’ implementations have
demonstrated that obtaining such
location in time for routing is feasible.
Devices that are capable of producing
high accuracy, low latency location for
emergency calling are in wide use, and
IP network technology supports rapidly
obtaining such precise location
estimates. The location-based routing
deployments of AT&T,109 T-Mobile,110
and Verizon 111 demonstrate that precise
location information can be made
routinely available to CMRS providers’
networks in time for routing wireless
911 voice calls. Both Android devices
using ELS and iOS devices using HELO
are capable of generating high accuracy,
low latency location information in time
to support 911 call routing.112
which resides in subpart C of part 9 of the
Commission’s rules. In this document, we
distinguish between 911 wireless voice calls, 911
texts, and RTT communications for the sake of
precision. However, we preserve the language from
the notice of proposed rulemaking for the purposes
of this paragraph.
108 See Notice of Proposed Rulemaking, 37 FCC
Rcd at 15199, para. 38 (citing Intrado PN Comments
at 6, 8; Apple Sept. 24, 2019 Ex Parte at 2; and
Android, Emergency Location Service—How It
Works, https://www.android.com/safety/emergencyhelp/emergency-location-service/how-it-works/ (last
visited Jan. 17, 2024)); Verizon NPRM Comments at
6 (stating that RTT ‘‘will also benefit from the same
routing improvements and advantages as i3 voice
calls’’); NENA NPRM Comments at 12 (stating that
an RTT communication in NG911 ‘‘requires no
special handling compared [to] a ‘conventional’
voice call’’).
109 AT&T has used location-based routing for over
80% of all AT&T wireless calls. Intrado PN
Comments at 2. Intrado further notes that AT&T’s
location-based routing solution provides locationbased routing ‘‘without any impact to the timeline
or call.’’ Intrado PN Comments at 6.
110 T-Mobile indicates that more than 95% of
location estimates available at call routing on TMobile’s network fall within the company’s
threshold, i.e., ‘‘300 meters with a confidence level
of 90%.’’ T-Mobile July 26, 2023 Ex Parte at 1.
111 See Verizon July 13, 2023 Ex Parte at 1 (‘‘To
determine whether device-based hybrid location
information provided by the device during a call is
adequate for routing, Verizon uses an accuracy
threshold of 200 meters maximum horizontal
uncertainty with confidence of 90 percent.’’).
112 Notice of Proposed Rulemaking, 37 FCC Rcd
at 15191, para. 16. See also Android, Emergency
Location Service—How It Works, https://
www.android.com/safety/emergency-help/
emergency-location-service/how-it-works/ (last
visited Jan. 17, 2024) (‘‘On average, ELS is able to
get a first location 3–4 seconds after the call has
started.’’); Android, Emergency Location Service—
Overview, https://www.android.com/safety/
emergency-help/emergency-location-service/ (last
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Moreover, iOS and Android devices
account for 99.62% of the U.S. device
market, meaning that this capability is
widely available to consumers. Intrado
states that 4G LTE and newer networks
can obtain device-based location
information, calculate confidence and
uncertainty, and query the location
server for PSAP routing instructions
within the normal call set-up interval.
T-Mobile states that the ‘‘IP Multimedia
Subsystem (‘IMS’) technology and
advancement of device-based hybrid
location solutions has enabled the use of
a caller’s estimated device location for
call routing without delaying call setup.’’
75. Some commenters suggest that the
Commission should require CMRS
providers to route 911 calls within five
seconds to ‘‘prevent a CMRS provider
from holding onto a call for eight to ten
seconds or even longer waiting for a
location fix.’’ 113 We decline to adopt
this requirement because doing so could
incentivize CMRS providers to hold
wireless 911 voice calls and RTT
communications to 911 for the full five
seconds when location information does
not meet the threshold for accuracy,
which could result in delays for
wireless 911 voice calls and RTT
communications to 911. The
requirement that location information
be available at time of routing, as the
Commission stated in the notice of
proposed rulemaking, ‘‘is intended to
avoid delay in transmitting 911 calls
and texts because there would be no
requirement to hold calls and texts for
purposes of obtaining a routing fix.’’
Intrado points out that deploying
location-based routing under the
Commission’s proposed framework
‘‘renders moot the potential need for
call holding.’’ We agree that the
framework as adopted avoids
visited Jan. 17, 2024) (‘‘ELS works on over 99% of
active Android devices running OS4.4 and up, with
Google Play Services installed-no new hardware or
activation required.’’); Apple Sept. 24, 2019 Ex
Parte at 2 (indicating that device-based hybrid
location is available from certain devices during
call set-up and that location-based routing can be
enabled on models 6s and later running iOS 13 and
Apple Watch devices running watch OS 6).
113 NASNA NPRM Comments at 14; see also
COPUC NPRM Comments at 6–7; iCERT NPRM
Comments at 3 (‘‘[W]e support the FCC’s proposal
to require use of LBR when the wireless network
provider can determine the location of the caller
within the recommended five-second window. If
the caller’s location is not available within this
timeframe, the provider should use traditional cell
site-based methods.’’); see also BRETSA NPRM
Reply at 14–15 (arguing that minimum hold times
might increase the percentage of calls that can be
routed on device-based hybrid location information
where providers still operate 3G networks, or that
911 authorities may wish to participate in tests to
determine whether holding calls would allow for
additional calls on IP-based networks to be routed
using location-based routing).
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introducing new delays for wireless 911
voice calls and RTT communications to
911. Conversely, if we were to set a
maximum five-second time frame for
routing, it could incentivize CMRS
providers to hold calls and RTT
communications at the network for the
full five-second window to ensure
routing based on ‘‘best available’’
location. This in turn could create
delays in connecting callers to a PSAP
and cause some callers to terminate
their 911 calls. To avoid such adverse
impacts, we decline to set a maximum
time frame for routing wireless 911
voice calls or RTT communications to
911.
76. We also decline to specify, as
suggested by DISA, that the location
information used for routing be
determined ‘‘at origination (setup) of [a]
voice call.’’ While we expect that
location for most calls will be
determined at origination, DISA’s
proposal could inadvertently be too
restrictive, if location were to arrive
after the setup of a voice call but before
routing. We believe it is sufficient to
require only that location information
be available at the time of call routing,
regardless of when the location is
determined.
77. NGA 911 asserts that a timeliness
requirement ‘‘appears to leave a big gap
in the implementation because a carrier
may always be able to claim the
information was not available at time of
call routing.’’ The record indicates,
however, that CMRS providers are
already deploying technology that
routinely provides the required location
information at the time of call routing
with no delay. For example, Intrado
states that in AT&T’s network, location
information meeting the threshold is
available in time to route wireless 911
voice calls 80% of the time, and that
routing on the network ‘‘requires no call
delay.’’ We intend to monitor the
deployment and use of location-based
routing on CMRS provider networks
with reporting requirements discussed
herein. Should we learn that some
CMRS providers are not taking full
advantage of available technology that
provides location-based routing
information at the time of the call, we
will consider whether additional
measures are needed.
b. Accuracy Threshold
78. Turning to the required accuracy
threshold for location-based routing, we
adopt the requirement that CMRS
providers use location-based routing to
route wireless 911 voice calls and RTT
communications to 911 if the location
information available at the time of
routing identifies the horizontal location
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of the device within a radius of 165
meters at a confidence level of at least
90%. This requirement is consistent
with the requirement the Commission
proposed in the notice of proposed
rulemaking.
79. We adopt the 165-meter threshold
with a confidence level of at least 90%
in light of the demonstrated efficacy of
location-based routing using such a
threshold and because this threshold
provides enough flexibility to be
compatible with nationwide CMRS
providers’ existing implementations of
location-based routing. We believe that
this location accuracy threshold will
substantially reduce the number of
misroutes associated with legacy E911
routing. AT&T has applied a location
accuracy threshold with a radius of 165
meters at a confidence level of 90% in
its own network. Intrado states that
location information meeting this
location accuracy threshold is available
to AT&T’s network to route calls 80% of
the time, and most calls route on
information that identifies the location
of the device within 50 meters. As a
result, AT&T’s solution ‘‘provid[es] a
more optimal route than sector-based
routing for approximately 10% of all
wireless 911 calls’’ and ‘‘[t]herefore,
10% of calls will be getting to the
correct PSAP on the first try and will
not require transfers from the
neighboring PSAP.’’
80. We agree with public safety
entities and Intrado that it is imperative
that we set an accuracy threshold that
is realistic in light of existing
technology while also providing room
for future technological
improvement.114 APCO supports the
proposed location accuracy threshold
but remains open to an alternative that
‘‘strikes an appropriate balance between
how often the device’s location will be
known quickly and accurately enough
to use location-based routing rather than
cell-sector based routing, and how
effective the use of location-based
routing will be at delivering the call to
the correct ECC [emergency
communications center].’’ AT&T
supports a location accuracy threshold
‘‘that the Commission believes would
114 APCO
NPRM Comments at 2; Adams County
et al. NPRM Comments at 3 (‘‘The proposed
confidence levels are acceptable, but ideally, over
time, the radiuses and confidence levels in the
proposed rule should be tightened so that 911 calls
are routed more precisely.’’); BRETSA NPRM
Comments at 8 (‘‘Intrado has found that LBR from
hybrid device location information will allow
accurate routing of wireless 9–1–1 calls over 80
percent of the time using thresholds of 165 meters
and a 90 percent confidence level. The Commission
should require national and regional wireless
providers [to] implement LBR at the earliest
possible time.’’ (Footnote omitted, citing Intrado PN
Comments at 9)); Intrado NPRM Comments at 5.
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18505
represent a significant improvement
over cell-based routing methodologies.’’
81. Some wireless industry
commenters oppose the proposed
location accuracy threshold and claim
that additional flexibility is needed for
providers to set individualized
thresholds.115 Verizon argues that a
rigid location accuracy threshold is
unnecessary to meet the Commission’s
public safety objectives and that any
particular location accuracy threshold
should at most serve as a safe harbor.
ATIS asserts that providers should
‘‘strive’’ but not be mandated to produce
location information for purposes of
routing within a radius of 300 meters or
less at a confidence level of 90%.116
ATIS also asserts that it is developing
best practices for carriers to implement
location-based routing, and T-Mobile
states that the Commission should wait
for these best practices before requiring
specific distance and confidence metrics
for location-based routing.117 We
encourage ATIS to conclude any such
efforts on a timeline that is consistent
with the requirements adopted.
82. We conclude that a mandatory
threshold is necessary. The accuracy
threshold we set ensures that all CMRS
providers will use location-based
routing nationwide for 911 calls and
RTT communications to 911 when
location information at the time of
routing meets a high accuracy standard.
We also disagree that there is a need to
wait for the development of best
practices, as the location-based routing
rules we adopt require CMRS providers
to use this methodology when the
location information available to the
network is highly accurate, and further
permit CMRS providers to use locationbased routing methodologies in
additional scenarios. We observe that
the nationwide CMRS providers have all
completed or are currently
implementing location-based routing on
their IP-based networks, and all use
location-based routing to route wireless
911 voice calls when available location
meets this mandatory threshold for
115 CTIA NPRM Comments at 5; T-Mobile NPRM
Comments at 10; Verizon NPRM Comments at 3;
ATIS NPRM Comments at 3–4; see also Southern
Linc NPRM Reply at 5–6 (agreeing with ATIS, TMobile, Verizon, and CTIA that it is premature to
adopt specific metrics).
116 ATIS NPRM Comments at 4. We note that a
location accuracy threshold with a radius of 300
meters would also be an acceptable location-based
routing implementation under the rules we adopt.
117 T-Mobile July 26, 2023 Ex Parte at 2; T-Mobile
NPRM Reply at 3–4; T-Mobile NPRM Comments at
9; see also ATIS NPRM Comments at 4 (‘‘[T]he
Commission should defer to the recommendations
regarding the feasibility of location accuracy from
industry groups such as ATIS ESIF.’’).
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precision.118 While no best practices
have currently been developed, CMRS
providers’ implementations indicate a
practical consensus that location-based
routing can consistently be used when
location information meets this
threshold. We therefore decline to
condition compliance with these rules
on the completion of best practices by
ATIS. We encourage ATIS to develop
best practices to promote optimal
routing on CMRS providers’ networks.
83. While we require CMRS providers
to use location-based routing when
available location information is within
a 165-meter radius at a standardized
90% confidence level, we emphasize
that CMRS providers may also use
location-based routing when location
information available at time of routing
is less precise than the accuracy
threshold we adopt. To this extent, we
agree with Verizon that CMRS providers
should have flexibility to identify
‘‘provider-optimized threshold range[s]
to accommodate individual service
providers’ vendor capabilities and user
device capabilities.’’ We therefore
provide flexibility to providers to set
their own thresholds for use of locationbased routing at a radius exceeding 165
meters at a 90% confidence level. While
AT&T uses the 165-meter accuracy
threshold, Verizon and T-Mobile have
implemented accuracy thresholds of 200
meters and 300 meters, respectively,
with a standardized 90% confidence
level.119 This formulation provides
flexibility for all three nationwide
CMRS providers to continue applying
their respective thresholds for
determining when to use location-based
routing for 911 calls and RTT
communications to 911.
84. We confirm that the location
accuracy threshold used for locationbased routing of a radius of 165 meters
at a confidence level of at least 90%
would apply equally to both estimated
civic address and coordinate-based
location. We agree with NENA that a
CMRS provider may have access to an
estimated civic address for a calling
device that may be used for locationbased routing.120 Many fixed broadband
internet access devices, particularly
118 Verizon and T-Mobile also use location-based
routing for less precise location estimates.
119 Intrado notes that AT&T’s threshold is 165
meters at a 90% confidence level. Intrado PN
Comments at 9. T-Mobile indicates that its
threshold is 300 meters at a 90% confidence level.
T-Mobile July 26, 2023 Ex Parte at 1. Verizon
indicates that its threshold is 200 meters at a 90%
confidence level. Verizon July 13, 2023 Ex Parte at
1.
120 NENA NPRM Comments at 3 (arguing that
‘‘location-based routing rules should apply equally
to geodetic and civic locations known to the
originating service provider’’).
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those provided to the consumer by the
broadband service provider, are
permanently located at a civic (street)
address, which is known to the network
provider.121 If a CMRS provider has
access to either an estimated civic
address or coordinate-based location
that represents a horizontal location
uncertainty level of the device within a
radius of 165 meters at a confidence
level of at least 90% and that location
is available at time of routing, the CMRS
provider must use such information to
comply with the Commission’s locationbased routing rules.
c. Default to Best Available Location
Information
85. In the notice of proposed
rulemaking, the Commission proposed
that when location information does not
meet one or both thresholds for
accuracy and timeliness under our
rules, CMRS and covered text providers
would be required to route wireless 911
voice calls and texts to 911 based on the
best location information available at
the time the call is routed, which may
include cell tower coordinates. We
adopt this requirement as proposed for
CMRS providers’ routing of wireless 911
voice calls and RTT communications to
911. We find that this approach allows
flexibility for CMRS providers to
determine the best available location
information for routing when the
available location information does not
meet the thresholds for timeliness and
accuracy.
86. Commenters generally support a
flexible fallback approach to routing of
calls and texts that do not meet the
timeliness and accuracy thresholds for
location-based routing.122 As the
121 Amending the Definition of Interconnected
VoIP Service in Section 9.3 of the Commission’s
Rules; Wireless E911 Location Accuracy
Requirements; E911 Requirements for IP-Enabled
Service Providers, GN Docket No. 11–117, PS
Docket No. 07–114, WC Docket No. 05–196, Third
Report and Order (76 FR 59916, September 28,
2011) and Notice of Proposed Rulemaking and
Second Further Notice of Proposed Rulemaking (76
FR 47114, August 4, 2011), 26 FCC Rcd 10074,
10105, para. 92 (2011). Examples of scenarios in
which the CMRS provider would have an estimated
civic address include a caller connecting to the
network using a Wi-Fi access point or femtocell.
See id.
122 Southern Linc NPRM Reply at 6 (stating that
to the extent available location information does not
meet the requirements for timeliness or location
accuracy for a particular 911 call, CMRS providers
are in the best position to determine what kind of
location information constitutes the ‘‘best
available’’); CTIA NPRM Comments at 4–5; Verizon
NPRM Comments at 4 (‘‘Verizon agrees that
network-based routing will remain necessary as a
fallback when available location information does
not meet the relevant accuracy and confidence/
uncertainty threshold. This approach serves 911
callers’ needs as a large majority of calls using
network-based routing will be as reliable as LBR.’’);
DISA NPRM Comments at 2.
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Commission stated in the notice of
proposed rulemaking, a requirement to
default to best available location
information is consistent with ATIS–
0500039, which assumes that ‘‘the
fallback for location-based routing
should be cell sector routing ‘for cases
wherein no position estimate is
available in time to be used for
[location-based routing] or the position
estimates lack requisite accuracy.’ ’’ This
approach is also consistent with current
CMRS provider deployments of
location-based routing, which default to
legacy E911 routing when location does
not meet carriers’ individually-set
thresholds for accuracy and timely
availability. For scenarios in which
available location information does not
meet the accuracy or timeliness
thresholds, we believe that the CMRS
provider is best suited to make the
determination of the location
information that is most likely to
support accurate call routing. Defaulting
to best available location information
when preferred location is unavailable
is consistent with other Commission
rules regarding the provision of location
information with 911 calls. In these
rules, the Commission requires
providers to supply highly precise
location information when technically
feasible but permits reliance on
alternative location information when
highly precise location information is
not available.123
87. Some commenters argue that
CMRS providers should be required to
use tower-based routing when the
device-based location information
available to the network at the time of
routing exceeds the threshold,124 or that
the Commission should limit towerbased routing to scenarios in which ‘‘no
other option exists.’’ We agree with
CTIA and iCERT that location
information that is less accurate than
the proposed accuracy threshold but
more accurate than cell sector, for
example, device-based location
information that arrives at the network
in time for routing but exceeds the 165meter threshold, could still enhance the
123 See, e.g., 47 CFR 9.16(b)(3)(ii) (stating that ‘‘an
on-premises non-fixed device associated with a
multi-line telephone system shall provide to the
appropriate PSAP automated dispatchable location,
when technically feasible; otherwise, it shall
provide dispatchable location based on end user
manual update, or alternative location as defined in
§ 9.3’’).
124 Intrado NPRM Comments at 5 (‘‘Intrado
recommends that when the location information
does not meet these timing/accuracy specifications,
the proposed rules require fallback to tower-based
routing rather than best available location
information consistent with current CMRS
deployments of LBR and industry standards.’’);
NASNA NPRM Comments at 12; COPUC NPRM
Comments at 6.
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likelihood of routing the call to the
appropriate PSAP, and the rules we
adopt allow the use of such information
for routing if it is the best available.
88. We make minor modifications to
the rule to clarify that the ‘‘best
available location information’’ to the
network at time of routing may take
several forms. In the notice of proposed
rulemaking, the proposed rule stated
that best available location information
‘‘may include the latitude/longitude of
the cell tower.’’ We emphasize that the
Commission used the latitude/longitude
of the cell tower only as an illustrative
example and that this language was not
intended to limit CMRS providers to
only using cell tower coordinates as a
default or fallback. Southern Linc states
that the most effective way to minimize
misroutes is to enable CMRS providers
to route calls based on the best location
information available at the time of the
call, regardless of the technology or
solution. We agree. NENA states that the
most appropriate geodetic location for
each sector would be the centroid of the
area served by each cell sector, instead
of the coordinates of the cell tower. We
revise the proposed rule language to
indicate that when information of a
device’s location does not meet either
one or both requirements for timeliness
and accuracy, CMRS providers must
route the wireless 911 voice calls or
RTT communications to 911 based on
the best available location information,
which may include, but is not limited
to, device-based location information
that does not meet the timeliness and
accuracy requirements, the centroid of
the cell sector that first picks up the call,
or other location information.
d. Validation
89. In the notice of proposed
rulemaking, the Commission sought
comment on whether to require
validation of location information for
wireless 911 voice calls and texts to 911
for purposes of location-based routing
and, if so, what validation steps CMRS
and covered text providers should be
required to take. Some commenters
support validation, citing concerns that
911 calls can be spoofed or purposefully
misrouted for swatting incidents.
However, AT&T states that in its
experience, invalid location under
location-based routing is ‘‘extremely
rare.’’ BRETSA contends that requiring
validation would be counterproductive
because ‘‘[v]alidating caller/device
locations against cell-site (Phase I)
location would appear to defeat the
purpose of device-based LBR.’’ 125
125 BRETSA NPRM Reply at 10. BRETSA states
that ‘‘[r]eference to the tower location for
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90. We decline to implement a
validation requirement for the location
information used by CMRS providers for
routing at this time, as validation
protocols are still evolving.126 We will
continue to monitor location
information validation and will
consider validation requirements for
CMRS providers if such requirements
become necessary. To aid in this
monitoring, in the certification and
reporting requirements discussed
herein, we adopt requirements for
CMRS to collect and report information
on validation procedures they use with
location-based routing.
B. Delivery of Wireless 911 Calls and
Texts to NG911 Networks
91. In the notice of proposed
rulemaking, the Commission proposed
requiring CMRS and covered text
providers to deliver 911 calls, texts, and
associated routing information in IP
format upon request of 911 authorities
who have established the capability to
accept NG911-compatible IP-based 911
communications. In the subsequent
NG911 Notice of Proposed Rulemaking,
the Commission proposed similar
requirements for wireline,
interconnected VoIP, and internet-based
TRS providers. Several commenters
express support for addressing IP
delivery requirements for CMRS and
covered text providers as part of a
consolidated NG911 proceeding.127
verification would simply invalidate the caller
location in those cases in which the caller is located
in a jurisdiction other than that in which the PSAP
to which 9–1–1 calls received by the cell site are
default routed. It would result in the very
misrouting of the call LBR is being implemented to
correct.’’ Id. at 11.
126 Most commenters who address the issue
oppose a validation requirement. See, e.g., AT&T
NPRM Comments at 4–5; T-Mobile NPRM
Comments at 10; T-Mobile NPRM Reply at 4;
Verizon NPRM Comments at 4; Verizon NPRM
Reply at 2; ATIS NPRM Comments at 4–5; BRETSA
NPRM Reply at i, 10–11.
127 CTIA July 3, 2023 Ex Parte at 2; Intrado NPRM
Comments at 2, 5–6; Texas 9–1–1 Entities NPRM
Comments at 5–6 n.21; NENA NPRM Reply at 5
(‘‘NENA supports Intrado’s request to initiate an
NG9–1–1 proceeding to refresh the record on NG9–
1–1.’’); Verizon NPRM Reply at 5 (‘‘[C]oupling LBR
with a framework for i3-based NG911
implementation would promote more efficient
deployment by minimizing redundant
implementation of interim and i3 NG911-based LBR
while also rewarding wireless providers that have
diligently worked to support end-to-end i3-based
NG911.’’); see also GCI July 17, 2023 Ex Parte at 1
(‘‘[A]ddressing any new requirements for IP
delivery of wireless calls to PSAPs as part of the
FCC’s larger NG911 proceeding will facilitate
consistent rules across network types and will make
compliance with any new rules more efficient and
effective for all service providers.’’); Alaska
Telecom Association NPRM Comments at 8–9 (rec.
Aug. 9, 2023) (filed in both PS Dockets 21–497 and
18–64) (‘‘[T]he FCC should address and align any
new requirements for IP delivery of wireless calls
to PSAPs proposed in the LBR proceeding (PS
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18507
92. We agree that consolidating
similar issues and aligning requirements
for NG911 services across different
types of originating service providers
will result in more consistent rules and
avoid confusion among stakeholders.
Accordingly, we defer consideration of
IP delivery for CMRS and covered text
providers, including all associated
proposals and issues raised in the notice
of proposed rulemaking, to the NG911
transition proceeding, PS Docket No.
21–479. We acknowledge the comments
in the record of this proceeding
regarding the Commission’s proposals
on this issue, and we will address those
comments in the NG911 proceeding.128
C. Certification and Reporting
Requirements
93. Certification and Reporting
Requirements. In the notice of proposed
rulemaking, the Commission sought
comment on whether it should
implement any new data collections to
assist in monitoring compliance with
the proposed location-based routing
rules. The Commission also sought
comment on what information providers
should include and how frequently they
should be required to report. In
addition, the Commission asked
whether it should require providers to
certify that they are in compliance with
requirements for location-based routing.
94. NASNA and COPUC support an
information collection to assess
compliance and implementation of
location-based routing. To help the
Commission monitor compliance with
the location-based routing requirements
we adopt, we adopt certain one-time
certification and reporting requirements.
Specifically, we require that within
sixty days after CMRS providers’
respective compliance deadlines, they
must certify that they are in compliance
with the location-based routing
requirements applicable to them. As
part of the certification, CMRS providers
must substantiate compliance by
identifying specific network
architecture, systems, location
validation,129 and procedures used to
comply with the location-based routing
requirements. We also require CMRS
providers on a one-time basis to collect
and report aggregate data on the routing
technologies used for live 911 calls in
Docket No. 18–64) with any IP-delivery
requirements adopted in this NG911 proceeding.’’).
128 Commenters who filed comments on this issue
in the docket for this proceeding (PS Docket No.
18–64) do not need to re-file their comments in PS
Docket No. 21–479.
129 As we discuss herein, we do not require
validation of location information used for locationbased routing. However, if providers perform any
validation of routing location data, they should
identify such practices as part of their certification.
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the locations specified for live 911 call
location data in § 9.10(i)(3)(ii) of the
Commission’s rules. CMRS providers
must collect these data for a thirty-day
period beginning on the applicable
compliance date.
95. CTIA requests that we establish a
‘‘presumption of confidentiality from
disclosure of detailed network
information’’ that is required to be
included in the certifications outlined
in the Report and Order. In support of
its request, CTIA states that ‘‘wireless
providers customarily treat network
information as confidential for
competitive and security reasons’’ and
cites to a proceeding in which the
Commission concluded that outage
reports should be routinely treated as
confidential information and are
presumptively protected from public
disclosure under the Freedom of
Information Act. Based on the current
state of the record, we decline to
establish a presumption of
confidentiality for the one-time
certification and reporting requirements
adopted in the Report and Order. CMRS
providers may request confidential
treatment under the Commission’s
existing confidentiality rules 130 for
materials submitted pursuant to these
new requirements, specifying the
information they wish to keep
confidential and providing the required
justification. We note that the
Commission retains the right to release
aggregated or anonymized data that
would not reveal specific information
for which confidential treatment has
been sought, including doing so on its
website, in order to facilitate
transparency and compliance with the
rules. In addition, nothing in this
document or the Report and Order is
intended to limit the authority of state
and local 911 agencies to publish 911
call data to the extent authorized under
state or local law.
96. CTIA requests that the
Commission permit providers to submit
certifications in the public docket
‘‘while separately allowing providers to
submit the required network
information and live call data directly to
Commission staff.’’ We direct the Public
Safety and Homeland Security Bureau
to issue a Public Notice prior to the
deadline for nationwide CMRS
providers to file compliance
certifications and live call data. Such a
Public Notice will include necessary
instructions for CMRS providers to file
certifications and reports in compliance
with the requirements adopted.
97. CMRS providers must file the
required certifications and live call data
130 See
47 CFR 0.459.
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within 60 days after the compliance
deadlines applicable to them under the
location-based routing rules. This means
that for voice calls to 911, a nationwide
CMRS provider must file its certification
and live call data within 60 days after
the six-month deadline for deploying
location-based routing technology on its
IP-based networks, and a nonnationwide CMRS provider must file its
certification and live call within 60 days
after the 24-month deadline for
deploying location-based routing
technology on its IP-based networks. In
addition, all CMRS providers that have
implemented the capability for RTT
communications to 911 must file a
certification within 60 days after the 24month deadline for deploying a
technology that supports location-based
routing for RTT communications. We do
not require live call data reporting for
RTT communications to 911.
98. Under the one-time reporting
requirement for live 911 calls, CMRS
providers must collect and report on (1)
the number and percentage of wireless
911 voice calls routed with device-based
location information that meets the
accuracy threshold we adopt (i.e.,
within a radius of 165 meters or less at
a confidence level of at least 90%); (2)
the number and percentage of wireless
911 voice calls routed with device-based
location information that exceeds that
threshold (i.e., within a radius larger
than 165 meters at a confidence level of
90%); and (3) the number and
percentage of wireless 911 voice calls
routed by tower-based routing. We
believe that this information will help
us evaluate each CMRS provider’s
deployment of location-based routing.
We also encourage but do not require
CMRS providers to include the number
of device-based location results being
discarded as invalid in their reports
filed with the FCC. To minimize the
reporting burden on CMRS providers,
we require them to collect and report on
911 routing methods for live 911 voice
calls only once, only for the areas
specified for live 911 call location data
in § 9.10(i)(3)(ii) of the rules,131 and
only for a thirty-day period following
specified compliance dates. As noted
above, we do not require similar
reporting for RTT communications to
911.
99. We believe that these limited data
collections strike an appropriate balance
between the public safety community’s
131 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. 47 CFR
9.10(i)(3)(ii). Non-nationwide CMRS providers are
required to report from alternative areas as specified
in 47 CFR 9.10(i)(3)(ii)(D) and (E).
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interest in greater transparency with
respect to compliance and our goal of
limiting the burden of responding to
mandatory information collections,
particularly for small entities. These
limited information collections will
promote transparency by ensuring that
the public has a clear understanding of
timelines for providers’
implementations of location-based
routing technology and the level of
compliance with location-based routing
rules. Moreover, they will promote
accountability by requiring CMRS
providers to show steps they are taking
to ensure that wireless 911 voice calls
and RTT communications to 911 are
routed to the appropriate PSAP.
100. Recurring Reporting
Requirements. The Commission also
sought comment on whether it should
adopt recurring or ongoing reporting
requirements. NASNA and COPUC
support requiring CMRS providers to
disclose on a recurring basis to the FCC
how many 911 calls are routed by
location-based routing and how many
are routed using legacy E911 call
routing. NASNA and COPUC argue that
‘‘[t]his will allow the Commission to
determine if certain carriers are
resorting to default routing more
frequently than others, which may
prompt an investigation to determine if
those carriers are making sufficient
efforts to fully implement LBR.’’ RWA
opposes recurring data collection and
reporting requirements as ‘‘extremely
burdensome’’ for small providers,
although it suggests that the
Commission could request performance
data on a voluntary basis. We believe
that the one-time certification and
reporting requirements we adopt will be
sufficient for providers to demonstrate
location-based routing implementation
without posing an undue burden for
providers, particularly small entities.
Therefore, we decline to adopt ongoing
reporting requirements.
101. Privacy and Security. The
Electronic Privacy Information Center
(EPIC) expresses concern about
potential misuse of emergency location
data and urges the Commission to
clarify that the privacy and security
requirements for dispatchable location
and z-axis location data also apply to
location-based routing data.132 EPIC also
132 See Electronic Privacy Information Center
(EPIC) Notice of Proposed Rulemaking Comments at
6–7 (rec. Feb. 16, 2023) (EPIC NPRM Comments).
The Commission’s data privacy and security
requirements for dispatchable location and z-axis
location information provide that prior to use of
dispatchable location information or z-axis location
information, respectively, to meet the location
accuracy requirements, CMRS providers must
certify that neither they nor any third party they
rely on to obtain such location information will use
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urges the Commission to clarify the data
use cases that fall within the scope of
‘‘911 purposes’’ and to allow the use of
such data only for routing calls and
dispatch assistance. In particular, EPIC
urges the Commission ‘‘to clarify that
law enforcement cannot use 911
location data for investigative leads or
for enforcement unrelated to the
purpose of the 911 call.’’ EPIC also asks
the Commission to clarify that carriers
are responsible for their third-party
vendors’ collection, use, and disclosure
of device-based location data.133
102. We agree that it is imperative for
service providers to ensure the privacy
and security of location-based routing
information, and we adopt a rule
clarifying that the Commission’s
existing rules on the privacy and
security of dispatchable location and zaxis information apply to information
used for location-based routing. In
particular, we require CMRS providers
to certify that neither they nor any third
party they rely on to obtain location
information or associated data used for
compliance with the location-based
routing requirements will use such
information or associated data for any
non-911 purpose, except with prior
express consent or as otherwise required
by law. The certification also must state
that the CMRS providers and any third
parties they rely on to obtain location
information or associated data used for
compliance with the location-based
routing requirements have implemented
measures sufficient to safeguard the
privacy and security of such
information.134 These requirements
make clear that CMRS providers who
work with third-party vendors in the
context of location-based routing are
responsible for ensuring that those
vendors take appropriate measures to
address privacy and security
such location information or associated data for any
non-911 purpose, except with prior express consent
or as otherwise required by law. 47 CFR
9.10(i)(4)(iv) and (v). The certification must state
that CMRS providers and any third party they rely
on to obtain such location information will
implement measures sufficient to safeguard the
privacy and security of such location information.
Id.
133 EPIC NPRM Comments at 7. EPIC states that
‘‘[t]he location data market is a multi-billion-dollar
industry. Like many other companies that collect
location data, carriers have sold their customers’
information to data brokers who have then sold
access to anyone willing to buy—from bounty
hunters to the government. The disclosure and sale
of location data has serious implications for equity
because vulnerable people are most likely to be the
targets of surveillance.’’ Id. at 3 (footnotes omitted).
134 Under the definition we adopt, location
information used for location-based routing may
include, but is not limited to, device-based location
information.
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concerns.135 The privacy and security
certifications are due at the same time
as the other location-based routing
certifications (i.e., within 60 days after
the compliance deadlines applicable to
the CMRS providers under the locationbased routing rules).
103. EPIC also asks the Commission to
clarify how its privacy and security
rules, including those governing using,
disclosing, and permitting access to
Customer Proprietary Network
Information (CPNI), apply to devicebased location data.136 Section 222 of
the Communications Act of 1934, as
amended, requires CMRS providers,
among others, to protect the
confidentiality of location information
and prohibits them from using,
disclosing, or permitting access to
location information without the
customer’s express prior authorization,
but provides an exception for the
provision of a customer’s call location
information to a PSAP or other
emergency response authority in
connection with a 911 call.137 To help
remove uncertainty for CMRS providers,
we clarify that the obligations that apply
to dispatchable location data also apply
to location information used for
location-based routing, including
device-based location data.
104. We decline EPIC’s request to
clarify the definition of ‘‘911 purposes.’’
We believe that the Commission’s
existing privacy protections for 911
location data are sufficiently clear, and
that determining whether a particular
use of location data is for ‘‘911
purposes’’ is likely to be a fact-specific
inquiry best addressed on a case-by-case
basis as the need arises. We decline to
address the issue of law enforcement’s
ability to use 911 location data for
investigative or law enforcement
purposes, as this is an area outside the
Commission’s regulatory authority. We
also decline EPIC’s request to require
CMRS and covered text providers to
delete location data as outside the scope
of this proceeding, as the notice of
proposed rulemaking did not propose or
seek comment on requirements for data
minimization. We recognize data
minimization as an important tool to
protect the privacy and security of
customers’ information, and we
encourage providers not to retain 911
135 Wireless E911 Location Accuracy
Requirements, PS Docket No. 07–114, Sixth Report
and Order and Order on Reconsideration, 35 FCC
Rcd 7752, 7777, at para. 57 (2020), 85 FR 53234
(August 28, 2020).
136 See EPIC NPRM Comments at 5–6. The
Commission’s privacy rules, including those
governing the use, disclosure, and access to CPNI,
are at 47 CFR 64.2001 through 64.2011.
137 47 U.S.C. 222(d)(4)(A).
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18509
location routing data longer than is
necessary to fulfill the 911 purpose of
the data or comply with applicable law.
105. Per-Call Disclosure
Requirements. The Commission sought
comment on whether to require CMRS
providers to disclose to PSAPs or state
or local 911 authorities the routing
methodology used for each 911 call,
although the Commission declined to
propose such a requirement. COPUC
and BRETSA urge the Commission to
require per-call disclosure. COPUC
states that ‘‘[n]ot knowing whether the
call was routed using LBR technology or
default E911 methodology, the PSAP
will have to follow up on every
misrouted call to determine the cause of
the misroute.’’ 138 BRETSA states that
routing methodology information can
allow dispatchers to assess the
likelihood that they need to transfer the
call and the reliability of the caller
location information. However, TMobile and NENA argue that such a
requirement is unnecessary.139 T-Mobile
asserts that the positioning technology
used to route each call is not actionable
for PSAPs and that in a full NG911
environment, positioning technology
information will be available with each
call. NENA similarly states that NG911
system elements already ‘‘partly’’ meet
the need for per-call information on
routing mechanisms and that additional
standards development is under way
and should meet this need ‘‘in full.’’ In
light of the forthcoming development of
NG911 standards that will support
disclosure of per-call routing
methodology, we agree with T-Mobile
and NENA that any incremental benefit
from requiring such disclosures at this
time would not outweigh the potential
costs of this requirement.
D. Additional Proposals
106. Several commenters raised
additional issues or proposals in
response to the notice of proposed
rulemaking. We discuss each of these
issues or proposals in turn below.
107. Role of Next Generation Core
Services (NGCS) Providers. NENA and
T-Mobile indicate that the proposals in
the notice of proposed rulemaking
138 COPUC NPRM Comments at 7 (also stating
that if a call ‘‘was routed using LBR and still was
delivered to the wrong PSAP, that indicates the
possibility of an error in the GIS [geographic
information system] dataset being used by the
CMRS provider to determine the proper destination
for the 911 call’’).
139 AT&T NPRM Comments at 5; T-Mobile NPRM
Comments at 8; T-Mobile NPRM Reply at 5–6;
NENA NPRM Comments at 6 (stating that standards
under development make such disclosure
requirements unnecessary, but also stating that ‘‘[i]t
is imperative that the positioning source for the 9–
1–1 caller is provided with the call’’).
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regarding routing obligations and
ESInets may leave a regulatory gap with
respect to routing functions performed
by ESInet administrators and next
generation core services (NGCS)
providers.140 T-Mobile notes that once a
carrier hands the 911 call over to the
NGCS provider at the ESInet ingress
point, the carrier cannot control how the
call is routed, and the notice of
proposed rulemaking ‘‘does not
contemplate that the NGCS provider is
also required to use LBR when routing
to the appropriate PSAP.’’ T-Mobile
urges the Commission to ensure that
carriers do not ‘‘bear the burden of
noncompliance’’ after the carrier routes
the 911 call to ESInets. Because the
Commission only considered
requirements for CMRS and covered text
providers in the notice of proposed
rulemaking, we decline to consider the
role of NGCS providers in routing at this
time and defer to the NG911 transition
proceeding in PS Docket No. 21–479 the
consideration of NGCS providers’
responsibilities with regard to locationbased routing and any related liabilities.
108. 2019 Wireline Forbearance
Memorandum Opinion and Order. We
received a comment from Mr. Ronald R.
Fenwick urging the Commission to
revisit and revise a 2019 Memorandum
Opinion and Order in another
proceeding which granted price cap
incumbent Local Exchange Carriers
(LECs) forbearance from legacy
regulatory obligations. Mr. Fenwick
asserts that the Memorandum Opinion
and Order resulted in diminishing
subscribers to traditional landline
services, and that wireless customers are
not properly apprised of the advantages
of wireline service. We decline to revisit
the 2019 Memorandum Opinion and
Order, which does not deal with
wireless services and is therefore
outside the scope of this proceeding.
109. Calls and Texts Originating
Outside the United States. We received
a comment from staff of the Defense
Information Systems Agency (DISA)
asking the Commission to consider
location-based routing for 911 calls and
texts originating outside the United
States and its territories. This request
raises legal and policy issues that are
beyond the scope of this proceeding.
140 NENA NPRM Comments at 11 (‘‘Under the
proposal to establish an ESInet as a termination
point for location, there may exist a gap in
regulatory coverage. There may be a need to apply
regulatory coverage to ESInet providers to ensure
that calls and location are delivered through the
ESInet all the way to the PSAP.’’); T-Mobile NPRM
Comments at 7 (asserting that there is a gap in the
NPRM with respect to routing obligations for calls
delivered to an ESInet and that ‘‘[t]his raises the
question of where the burden of compliance rests
if a call is misrouted in this scenario’’).
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110. Location-Based Routing for VoIP.
We received a comment from DISA
asking the Commission to apply
location-based routing requirements to
‘‘landline-based VoIP 9–1–1 calls
coming from Ethernet wired end
instruments and connecting to the
Public Switch Telephone Network using
Session Initiation Protocol (SIP) trunks
from an IP–PBX.’’ We note that in the
Next Generation 911 proceeding (PS
Docket 21–479), the Commission
proposed rules (NG911 Notice of
Proposed Rulemaking) requiring
interconnected VoIP providers to
complete all translation necessary to
deliver 911 calls, including associated
location information, in the requested
IP-based format to an ESInet or other
designated point(s) that allow
emergency calls to be answered. We
defer consideration of this issue to the
Next Generation 911 proceeding.
E. Promoting Digital Equity and
Inclusion
111. As noted in the notice of
proposed rulemaking, the Commission
is engaged in a continuing effort to
advance digital equity for all,141
including people of color, persons with
disabilities, persons who live in rural or
Tribal areas, and others who are or have
been historically underserved,
marginalized, or adversely affected by
persistent poverty or inequality.142 The
notice of proposed rulemaking invited
comment on equity-related
considerations and benefits, if any, that
may be associated with the proposals
and issues under consideration.
Specifically, the Commission sought
comment on how its proposals may
promote or inhibit advances in
diversity, equity, inclusion, and
accessibility.
141 Section 1 of the Communications Act of 1934
as amended provides that the FCC ‘‘regulat[es]
interstate and foreign commerce in communication
by wire and radio so as to make [such service]
available, so far as possible, to all the people of the
United States, without discrimination on the basis
of race, color, religion, national origin, or sex.’’ 47
U.S.C. 151.
142 Notice of Proposed Rulemaking, 37 FCC Rcd
at 15205–06, para. 59. The term ‘‘equity’’ is used
here consistent with Executive Order 13985 as the
consistent and systematic fair, just, and impartial
treatment of all individuals, including individuals
who belong to underserved communities that have
been denied such treatment, such as Black, Latino,
and Indigenous and Native American persons,
Asian Americans and Pacific Islanders and other
persons of color; members of religious minorities;
lesbian, gay, bisexual, transgender, and queer
(LGBTQ+) persons; persons with disabilities;
persons who live in rural areas; and persons
otherwise adversely affected by persistent poverty
or inequality. See E.O. 13985, 86 FR 7009,
Executive Order on Advancing Racial Equity and
Support for Underserved Communities Through the
Federal Government (Jan. 20, 2021).
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112. Several parties submitted
comments on these issues. NENA states
that location-based routing should be
deployed regardless of a jurisdiction’s
NG911 status and that ‘‘[i]t would be
inequitable to restrict the life-saving
benefits of location-based routing’’ only
to those ‘‘with the good fortune of
having an emergency in a convenient
location’’ with NG911 capability. As
discussed herein, we adopt rules that
require CMRS providers to implement
location-based routing on their IP-based
networks for wireless 911 voice calls
nationwide, regardless of whether a
particular jurisdiction has NG911
capability. These rules will help to
ensure that location-based routing is
available for wireless 911 voice calls
nationwide and regardless of the service
provider the caller has chosen.
113. NASNA notes that in the notice
of proposed rulemaking, the
Commission sought comment not just
on equity-related considerations, but
also ‘‘on the degree to which funding
and operating transitional facilities
extend the timeline and add to the cost
incurred by state and local 911
authorities to transition to NG911.’’
NASNA believes that ‘‘these two issues
are inextricably linked,’’ and NASNA
raises ‘‘the issues facing our members in
providing equal access to 911 services to
all citizens through local NG911
systems.’’ Pointing to the NG911 Notice
of Proposed Rulemaking comment
record as well, NASNA urges that ‘‘the
equity-access consideration for 911 at
this point in time should begin at the
network level in which 911 calls
themselves are transported.’’ NASNA
states, ‘‘If all those calling or texting 911
do not have a consistent level of access
to network functionality, we believe the
gap in digital disparity in effective and
reliable access to 911 across the country
will widen all the more.’’ Because
NASNA’s comments regarding equity
and access are more closely related to
the NG911 proceeding than the instant
proceeding, we defer consideration of
these points to the NG911 proceeding.
114. COPUC advocates for applying
the same implementation time frames
for 911 texts that are being applied to
wireless 911 voice calls (i.e., six months
for nationwide CMRS providers and
eighteen months for non-nationwide
CMRS providers) as ‘‘a matter of equity
for 911 users that rely on text-to911.’’ 143 As discussed herein, at this
143 COPUC NPRM Comments at 8; see also NENA
NPRM Reply at 9 (concurring with NASNA’s equity
comments on supporting location-based routing for
text-to-911, but arguing that the Commission’s rules
‘‘should not back the market into adopting nonstandardized technologies for a legacy platform’’
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time we decline to require locationbased routing for text-to-911 services
other than RTT communications to 911
in the absence of technical standards for
location-based routing for SMS.
However, we reiterate our commitment
to monitoring the development of
standards, products, and other advances
affecting location-based routing for SMS
text-to-911.
115. EPIC states that government
entities, carriers, and others have
misused location data to target
individuals and groups, and says that
‘‘the lack of clear privacy and security
safeguards would have a
disproportionately negative impact on
certain vulnerable groups.’’ 144 As
discussed herein and consistent with
certain of EPIC’s requests, we adopt a
requirement applying the Commission’s
existing rules on the privacy and
security of dispatchable location and zaxis information to location-based
routing information.
116. In sum, we acknowledge the
importance of the continuing effort to
advance digital equity for all. We
believe that the rules we adopt,
requiring CMRS providers to implement
location-based routing on their IP-based
networks for wireless 911 voice calls
nationwide and requiring CMRS
providers to implement location-based
routing where they deploy RTT
capabilities, will help to advance those
goals.
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F. Summary of Benefits and Costs for
Location-Based Routing
117. As we discuss below, the
implementation of location-based
routing has potential annual benefits of
over $173 billion in terms of reduced
mortality and reduced call transfer
burdens to PSAPs. We determine that
the rules we adopt, which will affect
CMRS providers, will result in an
industry-wide compliance cost of $215
million.
1. Benefits of Location-Based Routing
118. We believe that the
Commission’s benefit assessment from
the notice of proposed rulemaking
remains valid. The Commission
estimated that implementation of
location-based routing would save
13,837 lives annually. While the
Commission did not attempt to place a
value on human life, it relied on the
U.S. Department of Transportation’s
(DOT) valuation of a statistical life
and encouraging only voluntary deployment of
location-based routing for ‘‘interim’’ text-to-911).
144 EPIC NPRM Comments at 1; see id. at 2, 8
(noting that Microsoft also raised similar privacy
and security concerns in earlier comments in the
instant proceeding).
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(VSL) of $11.8 million from base year
2021.145 The Commission estimated that
the benefit of reduced mortality would
be 13,837 × $11.8 million or
approximately $163 billion, but stated
that this estimate was conservative.146
We received no comments on the
estimated reduced mortality benefit.
Using the latest VSL of $12.5 million for
base year 2022,147 our new estimate of
reduced mortality benefit is
approximately $173 billion for wireless
voice calls to 911. At this time, we have
no data on the number of RTT
communications to 911 to estimate a
benefit from this service,148 but we
anticipate that as RTT usage becomes
more widespread, significant reduced
mortality benefits will accrue.
119. The Commission sought
specificity on the time and cost savings
to PSAPs and state and local 911
authorities under the proposed rules.
While we received no specific figures in
the record, BRETSA agrees that
misrouting of 911 calls ties up resources
at the PSAP to which the call was
misrouted and delays receipt of the call
at the PSAP that can dispatch first
responders, while T-Mobile states that
call transfers can delay emergency
response and result in the loss of vital
incident information, including caller
location. The Commission estimated
that with implementation of locationbased routing, ‘‘1,368,000 calls would
avoid the need for a transfer due to a
misroute, reducing the response time for
these calls by one minute.’’ 149 This
145 Notice of Proposed Rulemaking, 37 FCC Rcd
at 15207–08, para. 62 & n.162 (citing U.S.
Department of Transportation, Departmental
Guidance on Valuation of a Statistical Life in
Economic Analysis (Mar. 4, 2022) (later updated
May 1, 2023), https://www.transportation.gov/
office-policy/transportation-policy/reviseddepartmental-guidance-on-valuation-of-astatistical-life-in-economic-analysis).
146 Notice of Proposed Rulemaking, 37 FCC Rcd
at 15207–08, para. 62 (stating that the estimate does
not include ‘‘the value of reduced human suffering
and property destruction occurring due to a delayed
arrival of first responders’’ or ‘‘the benefits of
location-based routing for text messages’’).
147 See U.S. Department of Transportation,
Departmental Guidance on Valuation of a Statistical
Life in Economic Analysis (effective May 1, 2023),
https://www.transportation.gov/office-policy/
transportation-policy/revised-departmentalguidance-on-valuation-of-a-statistical-life-ineconomic-analysis.
148 Respondents reported a combined total of
824,609 texts to 911 in 2022. Fifteenth Annual 911
Fee Report at 12–13, para. 14.
149 Notice of Proposed Rulemaking, 37 FCC Rcd
at 15206–07, para. 61 n.161. NENA estimates that
80% or more of the total calls to 911 annually are
from wireless devices. NENA, 9–1–1 Statistics,
https://www.nena.org/page/911Statistics (last
visited Jan. 17, 2024). According to the National
Association of State Emergency Medical Services
Officials (NASEMSO), local Emergency Medical
Services (EMS) agencies respond to nearly 28.5
million 911 dispatches each year. NASEMSO (Laura
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18511
would result in a time savings of 22,800
hours annually for PSAPs, although
NENA estimates that call transfers
consume over 200,000 hours per year of
excess 911 professional labor. We
estimate the mean wage of 911 call
operators to be $25.04 per hour,150
which leads to an estimated total labor
cost of $36.31 per hour after accounting
for benefits.151 We estimate that PSAPs
would realize an annual savings benefit
range of approximately $0.8 million to
$74.3 million per year for wireless 911
voice calls.152 We do not have sufficient
data to estimate such a benefit for RTT,
though we similarly anticipate that time
and cost savings benefits for PSAPs will
accrue for RTT as usage grows.
2. Costs of Implementation
120. In the notice of proposed
rulemaking, the Commission provided
separate cost estimates for materials and
labor. The Commission sought comment
French), National Association of State EMS
Officials releases stats on local agencies, 911 Calls
(Apr. 10, 2020), https://www.ems1.com/ambulanceservice/articles/national-association-of-state-emsofficials-releases-stats-on-local-agencies-911-callsLPQTHJrK2oIpxuR1/. Assuming that 80% of these
calls are from wireless devices yields an estimate
of 22.8 million wireless calls for 911 dispatch
annually. The Commission estimated that 12% of
the wireless calls for dispatch (or 2,736,000 calls)
would be misrouted. Notice of Proposed
Rulemaking, 37 FCC Rcd at 15206–07, para. 61
n.161 (citing ATIS–0500039 at 4). The Commission
also estimated that location-based routing with a
horizontal uncertainty value of 300 meters would
resolve approximately 50% of these misroutes. Id.
(citing ATIS–0500039 at 13). Accordingly, the
Commission estimated that 1,368,000 calls would
avoid the need for a transfer due to a misroute,
reducing the response time for these calls by one
minute. Id.
150 The mean wage for Public Safety
Telecommunicators in May 2022 was $23.74 per
hour. U.S. Bureau of Labor Statistics, Occupational
Employment and Wages, May 2022, 43–5031 Public
Safety Telecommunicators (Apr. 25, 2023), https://
www.bls.gov/oes/current/oes435031.htm. The
average hourly private wage increased by 5.5%
according to the Bureau of Labor Statistics between
May 2022 and August 2023, so to correct for
inflation we increase the wage estimate by 5.5% to
$25.04 per hour. Federal Reserve Bank of St. Louis,
Average Hourly Earnings of All Employees, Total
Private (CES0500000003), https://fred.stlouisfed.
org/series/CES0500000003 (last visited Jan. 17,
2024) (Inflation Adjustment).
151 To account for benefits, we mark up wages by
45%, which results in total hourly compensation of
$25.04 × 145% = $36.31. According to the Bureau
of Labor Statistics, as of June 2023, civilian wages
and salaries averaged $29.86/hour and benefits
averaged $13.39/hour. Total compensation therefore
averaged $29.86 + $13.39, rounded to $43.26. See
Press Release, Bureau of Labor Statistics, Employer
Costs for Employee Compensation—June 2023
(Sept. 12, 2023), https://www.bls.gov/news.release/
pdf/ecec.pdf. Using these figures, benefits
constitute a markup of $13.39/$29.86 ∼ 45%.
152 PSAPs would realize an annual savings benefit
of 1,368,000 calls × 1 minute (0.0166 hours) ×
$36.31, or over $828,000 per year. Using NENA’s
estimate, PSAPs would realize a savings benefit of
200,000 hours × $36.31, or approximately $7.3
million per year.
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on, inter alia, hardware, software,
services, GIS, and testing; provider costs
and timelines necessary to work with
OS-based location providers; costs for
providers to implement the required
software, hardware, and service
upgrades to comply with proposed
rules; and how many work-hours and
what kind of workers would be
required; and planned or expended
costs by providers that have
implemented or plan to implement
location-based routing. RWA and
BRETSA state that non-nationwide and
smaller carriers have not determined
actual costs. We did not receive specific
cost information to better inform the
Commission’s cost assessments.
Commenters provided information
about network elements, tasks, and
burdens that would factor into costs;
however, commenters generally
discussed such factors in the context of
seeking more time to comply rather than
cost aspects.153 RWA calls for additional
time and Federal funding to support
carrier implementation of locationbased routing and alleges that RWA
members will not be able to comply
with an unfunded mandate. As
discussed herein, we are increasing the
timelines for non-nationwide CMRS
providers to implement location-based
routing for wireless 911 voice calls and
RTT communications, and deferring
consideration of location-based routing
requirements for texts to 911 and
requirements to deliver 911 calls and
texts in IP-based format.
121. Material Costs. The Commission
tentatively concluded that CMRS
providers implement location-based
routing at the PSAP level, while CMRS
providers incur material costs on a perPSAP basis. The Commission estimated
that the average material cost of
software features or component
upgrades for each CMRS provider
would be $10,000 per PSAP as an upper
bound, with an ‘‘implied material cost
upper bound [of] approximately $106
million.’’ 154 We received no comments
to inform the Commission’s material
cost estimate for CMRS providers to
deploy location-based routing to PSAPs
they serve. However, commenters
identified core network elements
necessary to implement location-based
routing. Intrado states that carriers will
need to implement geospatial routing
capable Gateway Mobile Location
Centers (GMLCs) so that routing
decisions will occur within their
networks.155 CCA states that
‘‘[i]ncorporating location-based routing
into the wireless ecosystem . . .
requires a carefully orchestrated series
of changes that affects the wireless
carriers’ device inventory, transport
networks, and several aspects of the
core network systems. These potentially
include access and mobility
management, data authentication,
geospatial data repository functions,
session management, and network
security.’’ CCA further states that
carriers will need to ‘‘implement the
array of device upgrades and nonstandard, proprietary network solutions
needed for location-based routing.’’
RWA describes hardware and software
modifications needed to implement
location-based routing as a ‘‘massive
expense,’’ and notes that member
budgets for capital expenses are
‘‘already pared close to the bone.’’
122. We agree with commenters that
providers have certain material costs
associated with the network core that
are not necessarily dependent on the
number of PSAPs they serve. We clarify,
however, that the material costs that we
calculated on a per-PSAP basis in the
notice of proposed rulemaking also
include other costs that are not
necessarily incurred at the PSAP. We
agree that implementation costs of
upgrading equipment or software can,
for instance, involve changes to the
network core. We also note that such
costs vary with the size of the network
that remains to be converted to locationbased routing, especially if any
equipment needs to be updated. We
153 For example, CCA states that location-based
routing implementation will be economically and
practically infeasible in the proposed eighteenmonth timeline for non-nationwide carriers, noting
that a nationwide carrier took four years. CCA
NPRM Comments at 2.
154 Notice of Proposed Rulemaking, 37 FCC Rcd
at 15210–11, para. 71. The Commission assumed no
material costs for AT&T because it has already
deployed location-based routing to its network. Id.
at 15210, para. 71. The Commission stated (at the
time of the notice of proposed rulemaking) that it
is unclear the extent to which Verizon plans to
implement location-based routing, and did not
estimate Verizon’s material costs. Id. at 15210–11,
para. 71. The Commission found that T-Mobile has
yet to implement location-based routing to 4,896
PSAPs, while non-nationwide CMRS providers
collectively must upgrade 5,728 PSAPs, with any
PSAP receiving service from usually one nonnationwide CMRS provider along with the
nationwide CMRS providers. Id. at 15211, para. 71.
The Commission found that T-Mobile and nonnationwide CMRS providers need to implement
location-based routing for 10,624 PSAPs (4,896 +
5,728), at $10,000 per PSAP, for a cost of
approximately $106 million. Id.
155 Intrado NPRM Comments at 3. NENA defines
a GMLC as ‘‘the point of interface between the GSM
[Global Standard for Mobile Communications]
wireless network and the Emergency Services
Network. The GMLC retrieves, forwards, stores and
controls position data associated with wireless
callers. This includes the processing of location
requests and updates (rebids).’’ NENA, GMLC/MLC
(Gateway Mobile Location Center) (Sept. 13, 2021),
https://kb.nena.org/wiki/GMLC/MLC_(Gateway_
Mobile_Location_Center.)
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therefore chose the per-PSAP basis
because we find it a convenient proxy
of remaining network area. T-Mobile
and Verizon report partial
implementation of location-based
routing based on the number of PSAPs.
For providers with no known
implementation, the number of their
covered PSAPs serves as a proxy for the
size of their entire network. We
therefore continue to use the per-PSAP
basis as a proxy for network size in our
current material costs calculations. We
note, additionally, that even if the perPSAP cost that we use below were to
double, the aggregate expected costs of
our rules would fall well below the
expected benefits.
123. The latest NENA data indicate
that 5,748 PSAPs operate in the United
States. AT&T has already deployed
location-based routing nationwide, so
our rules impose no additional material
costs for AT&T. The Commission did
not provide an estimate of T-Mobile’s
material costs in the notice of proposed
rulemaking. As of December 2023, TMobile states that it has fully
implemented location-based routing for
1,591 PSAPs, with an additional 596
PSAPs in progress. Thus, T-Mobile must
implement location-based routing to
3,561 remaining PSAPs. The
Commission did not provide an estimate
of Verizon’s material costs in the notice
of proposed rulemaking, but Verizon
states that it has ‘‘fully implemented
LBR for 414 PSAPs; implementation is
in progress for an additional 277
PSAPs.’’ Thus, the rules would impose
no additional material costs for existing
and planned deployments to Verizon for
691 PSAPs, which leaves 5,057 PSAPs
remaining for Verizon to implement
location-based routing. The remaining
CMRS providers collectively must
upgrade the full national set of 5,748
PSAPs, assuming no more than one
remaining CMRS provider serving a
particular PSAP.156 Using the
Commission’s $10,000 per PSAP upper
bound in the notice of proposed
rulemaking, we estimate that CMRS
providers collectively need to deploy
location-based routing to a total of
14,366 PSAPs,157 resulting in the
156 See Notice of Proposed Rulemaking, 37 FCC
Rcd at 15211, para. 71 (citing FCC, Mobile
Deployment Form 477 Data (Jul. 29, 2022), https://
www.fcc.gov/mobile-deployment-form-477-data,
and stating that ‘‘[s]taff analysis of Form 477 data
suggests that when that when there is a fourth nonnationwide wireless provider in any particular
location, it is usually the only one’’).
157 We count 3,561 PSAPs remaining for TMobile, 5,057 PSAPs remaining for Verizon, and
5,748 PSAPs for the CMRS providers that have not
yet begun to implement location-based routing.
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implied material cost of approximately
$143.7 million.
124. Labor Costs. The Commission
estimated that the labor cost per CMRS
provider is $366,600.158 The
Commission explicitly mentioned the
tasks of installing equipment and
running trials as part of this labor.
Commenters described other tasks such
as internal planning, outreach, and
testing. Since these tasks do not involve
materials but rather involve work
burdens, we categorize them as labor
costs for the purpose of this analysis.
125. Labor Costs (i): Internal Planning.
CCA described CMRS providers’
internal planning tasks prior to
implementation of location-based
routing, which we categorize under
labor. CCA states that carriers will need
to vet and select potentially appropriate
technical location-based routing
solutions, budget for related required
procurements, and make related plans
to allocate and prioritize necessary
resources to the projects.159 CCA states
that ‘‘[t]he proposed rule would require
carriers with IP-based networks to make
major strategic decisions for their
wireless networks’’ and ‘‘stand up
project teams [comprised] of senior
engineers and business leaders with
specialized experience in network
operations to assess the needs of the
marketplace and review the state of
technology development globally,
nationally, and with respect to their
individual network technologies.’’ CCA
states that carriers will need to make ‘‘a
candid assessment of existing network
resources, the purposeful allocation of
limited technical and business
resources, and a successful matching of
technology within the market to the
unique features of that carrier’s network
systems and status within the product
evolution lifecycle’’ and conduct
‘‘intensive’’ decision making.
126. Labor Costs (ii): Outreach. Next,
CCA described providers’ outreach
tasks, such as collaboration with
network and handset vendors; and work
with device makers, technology
vendors, and software service providers.
However, CCA notes that non158 Notice of Proposed Rulemaking, 37 FCC Rcd
at 15211–12, para. 72 (estimating that the labor cost
of employing software workers would be $35.25 per
hour; that the upper bound of the time to
implement the upgrades with trials is 6 months (26
weeks), and workers have a forty hour work week,
or 1,040 hours per worker; that ten simultaneous
workers at a time on average is a generous upper
bound, resulting in 10,400 labor hours per CMRS
provider; and that the labor cost per CMRS provider
is $366,600).
159 CCA NPRM Reply at 5. The planning costs
CCA cites include ‘‘identifying acceptance of the
technical implementation.’’ CCA NPRM Comments
at 11.
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nationwide CMRS providers face
challenges attracting attention and
assistance from global and national
vendors who are more responsive to
larger clients.
127. Labor Costs (iii): Deployment.
Commenters provided few details of
labor tasks associated with deployment,
including equipment and device
installation and upgrades.
128. Labor Costs (iv): Testing.
Commenters described CMRS providers’
testing tasks involved with locationbased routing implementation. RWA
states that providers will need to ‘‘test,
modify, [and] perfect’’ location-based
routing solutions. CCA states that AT&T
performed extensive lab testing,
performance testing, trials at PSAPs,
evaluation of results with its vendor
Intrado, and additional PSAP testing.
CCA states that AT&T ‘‘confirm[ed] the
metrics, obtain[ed] feedback from the
PSAPs, and implement[ed] several
proprietary changes.’’
129. While the notice of proposed
rulemaking explicitly mentioned the
tasks of installing equipment and
running trials as part of its labor
calculation, the estimate was not meant
to be solely inclusive of all tasks.
According to Commission staff
experience with typical network
upgrades, team members will often
work on tasks from multiple of the
above categories of internal planning,
outreach, deployment, and testing. The
notice of proposed rulemaking
calculation assumes a large team of ten
workers over a period of six months to
account for the various phases of labor
and shifting tasks amongst workers.
130. Absent more specific data in the
record on each task category, we rely on
the Commission’s labor cost estimation
methodology per CMRS provider.160 To
better reflect the wide array of complex
tasks, including internal network
planning, that would need to be
undertaken by highly skilled and senior
staff, we will assume a higher wage for
the workers than that assumed in the
notice of proposed rulemaking because
some of the tasks involved will have to
be undertaken by senior staff. To the
extent that less senior staff would be
necessary to complete any of these
tasks, we view the wage that we use as
conservatively high. Using the Bureau of
160 Notice of Proposed Rulemaking, 37 FCC Rcd
at 15211–12, para. 72 (estimating that the labor cost
of employing software workers would be $35.25 per
hour; that the upper bound of the time to
implement the upgrades with trials is 6 months (26
weeks), and workers have a forty hour work week,
or 1,040 hours per worker; that ten simultaneous
workers at a time on average is a generous upper
bound, resulting in 10,400 labor hours per CMRS
provider; and that the labor cost per CMRS provider
is $366,600).
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Labor Statistics 75th percentile wage for
network engineers, we assume worker
compensation to be $81.29 per hour.161
Marking up hourly compensation by
45% to account for benefits results in a
total hourly compensation estimate of
$117.87. Assuming that work is
completed over 26 work-weeks of five,
8 work-hour days, and a team of 10, the
aggregate upper bound of work-hours
would be 10,400 and the total cost of
those work-hours would be $1,225,853.
While non-nationwide CMRS providers
will have 24 months rather than six to
implement location-based routing,
smaller CMRS providers have
constraints on the number of staff they
can assign to any one project. In
addition, while non-nationwide CMRS
providers may take longer to implement
location-based routing, assigning the
same amount of work-time as
nationwide CMRS providers represents
both the spreading out of tasks over a
longer period and an overestimate since
non-nationwide CMRS providers have
much smaller networks. Given that
AT&T has already implemented
location-based routing, we estimate the
labor cost associated with
implementation for the networks for the
56 remaining providers, plus T-Mobile
and Verizon, to be $71.1 million (≈
$1,225,853 × 58 providers =
$71,099,474).162
131. In addition to network costs,
several commenters indicate that public
safety-grade GIS data or shapefiles that
precisely define PSAP boundaries
should be developed or provided,
though they differ on which parties
should be responsible.163 We agree with
161 The Bureau of Labor Statistics considers the
title ‘‘computer network architect’’ to be
synonymous with ‘‘network engineer.’’ U.S. Bureau
of Labor Statistics, Computer Network Architects:
What Computer Network Architects Do (Sept. 12,
2023), https://www.bls.gov/ooh/computer-andinformation-technology/computer-networkarchitects.htm#tab-2. To approximate the wages of
senior network engineers, we use the 75th
percentile of the hourly wage of computer network
architects in May 2022, $77.06 per hour. U.S.
Bureau of Labor Statistics, Occupational
Employment and Wages, May 2022, 15–1241
Computer Network Architects (Apr. 25, 2023),
https://www.bls.gov/oes/current/oes151241.htm.
After adjusting for wage inflation to August 2023,
the wage increases to $81.29 per hour. See Inflation
Adjustment.
162 To the extent that T-Mobile and Verizon have
already begun implementing location-based routing,
this cost may be an overestimate.
163 Intrado NPRM Comments at 3 (suggesting
carriers and the PSAPs should develop GIS data);
BRETSA NPRM Reply at ii (suggesting state and/or
local 911 authorities should develop GIS data); TMobile NPRM Comments at 6 (suggesting that
PSAPs should provide shapefiles, though some
PSAPs may not want to provide shapefiles because
they consider such information confidential); see
also CCOA NPRM Reply at 3; CTIA NPRM Reply
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NENA that it is the responsibility of
providers to maintain their own
jurisdictional maps. Accordingly, we
assign the cost of maps to the providers.
We anticipate that map costs will
largely be labor to update already
existing maps. To come up with a cost
ceiling, we assume that every provider
will need to update its maps, even
though many providers likely have upto-date maps. We anticipate that
updating the map will only entail labor
costs for mapping specialists to update
maps. In the Supporting Document of
Study Area Boundary Data Reporting in
Esri Shapefile Format, the Office of
Information and Regulatory Affairs
estimates that it takes an average of 26
hours for a data scientist to modify a
shapefile.164 We believe that 26 hours
would be an upper bound of the time
required for a party to update its maps.
Given that the average wage rate is
$60.44/hour for data scientists in the
telecommunications industry,165 with a
45% markup for benefits, we arrive at
$87.63 as the hourly compensation rate
for a data scientist. We estimate an
upper bound for the cost of map
updating to be approximately $134,000
(≈ $87.63 per hour × 26 hours × 59
providers = $134,424.42).
132. In addition, the one-time
certification of compliance with our
requirements together with the
submission of data on call percentages
by routing methods will impose a onetime cost on CMRS providers. As this
required information should be
available to each provider internally, we
anticipate work to compile this
information to take no longer than a
week of five business days. We believe
that one network engineer would be
sufficient to complete this task in this
time frame, resulting in a total provider
cost of 40 work-hours. Assuming the
at 3, 6–7 (agreeing with T-Mobile regarding the
need for accurate shapefiles of PSAP boundaries).
164 See Office of Information and Regulatory
Affairs, Office of Management and Budget,
Executive Office of the President, 2022 Study Area
Boundary Data Reporting in Esri Shapefile Format,
DA 12–1777 and DA 13–282, Supporting
Statement—OMB Control No. 3060–1181, at 5, para.
12 (Feb. 15, 2022), https://www.reginfo.gov/public/
do/PRAViewDocument?ref_nbr=202202-3060-009;
see also Wireless Emergency Alerts; Amendments to
Part 11 of the Commission’s Rules Regarding the
Emergency Alert System, PS Docket Nos. 15–91 and
15–94, Third Report and Order, FCC 23–88, at 37,
para. 66 (Oct. 20, 2023).
165 The mean hourly wage for data scientists in
the telecommunications industry in May 2022 is
$57.29. U.S. Bureau of Labor Statistics, May 2022
National Industry-Specific Occupational
Employment and Wage Estimates NAICS 517000—
Telecommunications (Apr. 25, 2023), https://
www.bls.gov/oes/current/naics4_517000.htm. After
adjusting for wage inflation to August 2023, the
wage increases to $60.44 per hour. See Inflation
Adjustment.
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same hourly labor cost of network
engineers as in the previous cost
estimate for network implementation,
the total cost of reporting is $280,000 (≈
$117.87 per hour × 40 hours × 59
providers = $278,173.20).
133. The Commission sought
comment on costs to state and local 911
authorities. Intrado and APCO state that
PSAPs will not need to make changes to
their networks or call handling systems.
We agree. Likewise, because we find
that providers must maintain their own
jurisdictional maps, we do not recognize
any costs for state and local 911
authorities and PSAPs.
134. Because we are adopting
location-based routing requirements for
RTT, we also consider the costs for
CMRS providers. Given that CMRS
providers process and route RTT
communications similarly to voice calls,
we assume that CMRS providers’
material and labor costs to deploy
location-based routing for RTT are
included in our cost estimates above. As
part of this analysis, we note that as of
the release date of the Report and Order,
we are aware of only a small number of
PSAPs that are receiving RTT
communications.
135. In sum, we estimate upper
bounds of the costs that CMRS
providers will bear to be material costs
of $143.7 million, network
implementation costs of $71.1 million,
GIS costs of $134,000, and certification
costs of $280,000. Altogether, the upper
bound of costs is approximately $215
million. However, we underscore that
this cost is far outweighed by the
benefits of over $173 billion in terms of
reduced mortality and call transfer time
eliminated.
II. Procedural Matters
136. Regulatory Flexibility Act. The
Regulatory Flexibility Act of 1980, as
amended (RFA),166 requires that an
agency prepare a regulatory flexibility
analysis for notice and comment
rulemakings, unless the agency certifies
that ‘‘the rule will not, if promulgated,
have a significant economic impact on
a substantial number of small
entities.’’ 167 Accordingly, we have
prepared a Final Regulatory Flexibility
Analysis (FRFA) concerning the
possible impact of the rule changes
contained in this document and the
Report and Order on small entities. The
FRFA is set forth below.
166 See 5 U.S.C. 604. The RFA, 5 U.S.C. 601–612.
The RFA was amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(SBREFA), Public Law 104–121, Title II, 110 Stat.
857 (1996).
167 5 U.S.C. 605(b).
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137. Paperwork Reduction Act of 1995
Analysis. This document contains new
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. It
will be submitted to the Office of
Management and Budget (OMB) for
review under section 3507(d) of the
PRA.168 OMB, the general public, and
other Federal agencies will be invited to
comment on the new information
collection requirements contained in
this proceeding. In addition, we note
that, pursuant to the Small Business
Paperwork Relief Act of 2002,169 we
previously sought, but did not receive,
specific comment on how the
Commission might further reduce the
information collection burden for small
business concerns with fewer than 25
employees. The Commission does not
believe that the new information
collection requirements in § 9.10(s)(4)
and (5) will be unduly burdensome on
small businesses. We describe impacts
that might affect small businesses,
which includes most businesses with
fewer than 25 employees, in the FRFA
below.
III. Final Regulatory Flexibility
Analysis
138. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
NPRM adopted in December 2022. The
Commission sought written public
comment on the proposals in the NPRM,
including comments on the IRFA. No
comments were filed addressing the
IRFA. This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Final
Rules
139. Technical limitations of legacy
Enhanced 911 (E911) routing can result
in a Commercial Mobile Radio Service
(CMRS) provider routing a wireless 911
call to a Public Safety Answering Point
(PSAP) other than the one designated by
the relevant state or local 911 authority
to receive calls from the actual location
of the caller. Misroutes can occur for
several reasons, including when more
than one PSAP is within the coverage
area of a cell site or sector. Such legacy
tower-based routing results in
approximately 12% of wireless 911 calls
arriving at the incorrect PSAP for the
caller’s location. When a 911 call is
misrouted, the answering
telecommunicator must transfer the call
to the PSAP that has jurisdiction to
168 44
U.S.C. 3507(d).
Law 107–198, 116 Stat. 729 (2002)
(codified at 44 U.S.C. 3506(c)(4)).
169 Public
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dispatch aid to the 911 caller’s location,
resulting in confusion and an estimated
delay of a minute or more in dispatch
and response. This delay can have
deadly consequences. In addition,
misroutes consume time and resources
for both the transferring PSAP and the
receiving PSAP. One national public
safety organization estimates that these
types of call transfers consume over
200,000 hours per year of excess 911
professional labor.
140. In the Report and Order, the
Commission adopted rules and
procedures to require CMRS providers
to implement location-based routing
(LBR) for wireless 911 voice calls and
real-time text (RTT) communications to
911 nationwide. With location-based
routing as implemented under the
Commission’s rules, CMRS providers
will use precise location information to
route wireless 911 voice calls and RTT
communications to 911 to the
appropriate public safety answering
point. For the millions of individuals
seeking emergency assistance each year
by wireless 911 voice call or RTT
communication to 911, improving
routing for these services will reduce
emergency response time and save lives.
141. To facilitate the implementation
of location-based routing for wireless
911 voice calls and RTT
communications to 911, the
Commission took the following actions:
• The Commission required CMRS
providers to deploy location-based
routing technology for wireless 911
voice calls and RTT communications to
911 on their internet Protocol (IP)-based
networks (i.e., 4G LTE, 5G, and
subsequent generations of IP-based
networks). The Commission also
required CMRS providers to use
location-based routing to route wireless
911 voice calls and RTT
communications to 911 originating on
their IP-based networks when location
information meets certain thresholds for
accuracy and timeliness.
• The Commission required CMRS
providers to use location-based routing
for wireless 911 voice calls and RTT
communications to 911 when caller
location information available to the
CMRS provider’s network at time of
routing is ascertainable within a radius
of 165 meters at a confidence level of at
least 90%. In the absence of these
conditions, CMRS providers must use
alternative routing methods based on
‘‘best available’’ location information,
which may include but is not limited to
device-based or tower-based location
information.
• The Commission adopted the
proposed six-month timeline for
nationwide CMRS providers to
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implement location-based routing for
wireless 911 voice calls and provided
twenty-four months for implementation
by non-nationwide CMRS providers. In
addition, the Commission provided 24
months for all CMRS providers to
implement location-based routing for
RTT communications to 911.
• The Commission required CMRS
providers within 60 days of the
applicable compliance deadlines to
certify and submit evidence of
compliance with location-based routing
requirements and to certify the privacy
of location information used for
location-based routing. At that time,
CMRS providers also must submit onetime live call data reporting specifying
routing methodologies for calls in live
call areas.
• The Commission deferred
consideration of proposals in the NPRM
to require CMRS providers and covered
text providers to implement locationbased routing for Short Message Service
(SMS) texts to 911.
• The Commission deferred
consideration of proposals and issues
raised in the NPRM concerning IPformatted delivery of wireless 911 voice
calls, texts, and associated routing
information, for consideration in the
Commission’s pending Next Generation
911 (NG911) Transition docket (PS
Docket No. 21–479, Facilitating
Implementation of Next Generation 911
Services).
B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
142. There were no comments filed
that specifically addressed the proposed
rules and policies presented in the
IRFA.
C. Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
143. Pursuant to the Small Business
Jobs Act of 2010, which amended the
RFA, the Commission is required to
respond to any comments filed by the
Chief Counsel for Advocacy of the Small
Business Administration (SBA), and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments. The Chief
Counsel did not file any comments in
response to the proposed rules in this
proceeding.
D. Description and Estimate of the
Number of Small Entities to Which the
Rules Will Apply
144. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
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18515
the rules adopted. The RFA generally
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small business concern’’ under the
Small Business Act.’’ A ‘‘small business
concern’’ is one which: (1) is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the SBA.
145. Small Businesses, Small
Organizations, Small Governmental
Jurisdictions. Our actions, over time,
may affect small entities that are not
easily categorized at present. We
therefore describe, at the outset, three
broad groups of small entities that could
be directly affected herein. First, while
there are industry specific size
standards for small businesses that are
used in the regulatory flexibility
analysis, according to data from the
Small Business Administration’s (SBA)
Office of Advocacy, in general a small
business is an independent business
having fewer than 500 employees. These
types of small businesses represent
99.9% of all businesses in the United
States, which translates to 33.2 million
businesses.
146. Next, the type of small entity
described as a ‘‘small organization’’ is
generally ‘‘any not-for-profit enterprise
which is independently owned and
operated and is not dominant in its
field.’’ The Internal Revenue Service
(IRS) uses a revenue benchmark of
$50,000 or less to delineate its annual
electronic filing requirements for small
exempt organizations. Nationwide, for
tax year 2020, there were approximately
447,689 small exempt organizations in
the U.S. reporting revenues of $50,000
or less according to the registration and
tax data for exempt organizations
available from the IRS.
147. Finally, the small entity
described as a ‘‘small governmental
jurisdiction’’ is defined generally as
‘‘governments of cities, counties, towns,
townships, villages, school districts, or
special districts, with a population of
less than fifty thousand.’’ U.S. Census
Bureau data from the 2017 Census of
Governments indicate there were 90,075
local governmental jurisdictions
consisting of general purpose
governments and special purpose
governments in the United States. Of
this number, there were 36,931 general
purpose governments (county,
municipal, and town or township) with
populations of less than 50,000 and
12,040 special purpose governments—
independent school districts with
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enrollment populations of less than
50,000. Accordingly, based on the 2017
U.S. Census of Governments data, we
estimate that at least 48,971 entities fall
into the category of ‘‘small
governmental jurisdictions.’’
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IV. Telecommunications Service
Providers
A. Wireless Telecommunications
Providers
148. Pursuant to 47 CFR 9.10(a), the
Commission’s 911 service 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) 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.
149. Below, for those services subject
to auctions, we note that, as a general
matter, the number of winning bidders
that qualify as small businesses at the
close of an auction does not necessarily
represent the number of small
businesses currently in service. Also,
the Commission does not generally track
subsequent business size unless, in the
context of assignments or transfers,
unjust enrichment issues are implicated.
150. All Other Telecommunications.
This industry is comprised of
establishments primarily engaged in
providing specialized
telecommunications services, such as
satellite tracking, communications
telemetry, and radar station operation.
This industry also includes
establishments primarily engaged in
providing satellite terminal stations and
associated facilities connected with one
or more terrestrial systems and capable
of transmitting telecommunications to,
and receiving telecommunications from,
satellite systems. Providers of internet
services (e.g., dial-up internet service
providers (ISPs)) or Voice over internet
Protocol (VoIP) services, via clientsupplied telecommunications
connections are also included in this
industry. The SBA small business size
standard for this industry classifies
firms with annual receipts of $35
million or less as small. U.S. Census
Bureau data for 2017 show that there
were 1,079 firms in this industry that
operated for the entire year. Of those
firms, 1,039 had revenue of less than
$25 million. Based on this data, the
Commission estimates that the majority
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of ‘‘All Other Telecommunications’’
firms can be considered small.
151. Advanced Wireless Services
(AWS)—(1710–1755 MHz and 2110–
2155 MHz bands (AWS–1); 1915–1920
MHz, 1995–2000 MHz, 2020–2025 MHz
and 2175–2180 MHz bands (AWS–2);
2155–2175 MHz band (AWS–3); 2000–
2020 MHz and 2180–2200 MHz (AWS–
4)). Spectrum is made available and
licensed in these bands for the provision
of various wireless communications
services. Wireless Telecommunications
Carriers (except Satellite) is the closest
industry with an SBA small business
size standard applicable to these
services. The SBA small business size
standard for this industry classifies a
business as small if it has 1,500 or fewer
employees. U.S. Census Bureau data for
2017 show that there were 2,893 firms
that operated in this industry for the
entire year. Of this number, 2,837 firms
employed fewer than 250 employees.
Thus, under the SBA size standard, the
Commission estimates that a majority of
licensees in this industry can be
considered small.
152. According to Commission data as
December 2021, there were
approximately 4,472 active AWS
licenses. The Commission’s small
business size standards with respect to
AWS involve eligibility for bidding
credits and installment payments in the
auction of licenses for these services.
For the auction of AWS licenses, the
Commission defined a ‘‘small business’’
as an entity with average annual gross
revenues for the preceding three years
not exceeding $40 million, and a ‘‘very
small business’’ as an entity with
average annual gross revenues for the
preceding three years not exceeding $15
million. Pursuant to these definitions,
57 winning bidders claiming status as
small or very small businesses won 215
of 1,087 licenses. In the most recent
auction of AWS licenses 15 of 37
bidders qualifying for status as small or
very small businesses won licenses.
153. In frequency bands where
licenses were subject to auction, the
Commission notes that as a general
matter, the number of winning bidders
that qualify as small businesses at the
close of an auction does not necessarily
represent the number of small
businesses currently in service. Further,
the Commission does not generally track
subsequent business size unless, in the
context of assignments or transfers,
unjust enrichment issues are implicated.
Additionally, since the Commission
does not collect data on the number of
employees for licensees providing these
services, at this time we are not able to
estimate the number of licensees with
active licenses that would qualify as
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small under the SBA’s small business
size standard.
154. Competitive Local Exchange
Carriers (LECs). Neither the Commission
nor the SBA has developed a size
standard for small businesses
specifically applicable to local exchange
services. Providers of these services
include several types of competitive
local exchange service providers. Wired
Telecommunications Carriers is the
closest industry with an SBA small
business size standard. The SBA small
business size standard for Wired
Telecommunications Carriers classifies
firms having 1,500 or fewer employees
as small. U.S. Census Bureau data for
2017 show that there were 3,054 firms
that operated in this industry for the
entire year. Of this number, 2,964 firms
operated with fewer than 250
employees. Additionally, based on
Commission data in the 2022 Universal
Service Monitoring Report, as of
December 31, 2021, there were 3,378
providers that reported they were
competitive local exchange service
providers. Of these providers, the
Commission estimates that 3,230
providers have 1,500 or fewer
employees. Consequently, using the
SBA’s small business size standard,
most of these providers can be
considered small entities.
155. Incumbent Local Exchange
Carriers (Incumbent LECs). Neither the
Commission nor the SBA have
developed a small business size
standard specifically for incumbent
local exchange carriers. Wired
Telecommunications Carriers is the
closest industry with an SBA small
business size standard. The SBA small
business size standard for Wired
Telecommunications Carriers classifies
firms having 1,500 or fewer employees
as small. U.S. Census Bureau data for
2017 show that there were 3,054 firms
in this industry that operated for the
entire year. Of this number, 2,964 firms
operated with fewer than 250
employees. Additionally, based on
Commission data in the 2022 Universal
Service Monitoring Report, as of
December 31, 2021, there were 1,212
providers that reported they were
incumbent local exchange service
providers. Of these providers, the
Commission estimates that 916
providers have 1,500 or fewer
employees. Consequently, using the
SBA’s small business size standard, the
Commission estimates that the majority
of incumbent local exchange carriers
can be considered small entities.
156. Broadband Personal
Communications Service. The
broadband personal communications
services (PCS) spectrum encompasses
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services in the 1850–1910 and 1930–
1990 MHz bands. The closest industry
with an SBA small business size
standard applicable to these services is
Wireless Telecommunications Carriers
(except Satellite). The SBA small
business size standard for this industry
classifies a business as small if it has
1,500 or fewer employees. U.S. Census
Bureau data for 2017 show that there
were 2,893 firms that operated in this
industry for the entire year. Of this
number, 2,837 firms employed fewer
than 250 employees. Thus, under the
SBA size standard, the Commission
estimates that a majority of licensees in
this industry can be considered small.
157. Based on Commission data as of
November 2021, there were
approximately 5,060 active licenses in
the Broadband PCS service. The
Commission’s small business size
standards with respect to Broadband
PCS involve eligibility for bidding
credits and installment payments in the
auction of licenses for these services. In
auctions for these licenses, the
Commission defined ‘‘small business’’
as an entity that, together with its
affiliates and controlling interests, has
average gross revenues not exceeding
$40 million for the preceding three
years, and a ‘‘very small business’’ as an
entity that, together with its affiliates
and controlling interests, has had
average annual gross revenues not
exceeding $15 million for the preceding
three years. Winning bidders claiming
small business credits won Broadband
PCS licenses in C, D, E, and F Blocks.
158. In frequency bands where
licenses were subject to auction, the
Commission notes that as a general
matter, the number of winning bidders
that qualify as small businesses at the
close of an auction does not necessarily
represent the number of small
businesses currently in service. Further,
the Commission does not generally track
subsequent business size unless, in the
context of assignments or transfers,
unjust enrichment issues are implicated.
Additionally, since the Commission
does not collect data on the number of
employees for licensees providing these,
at this time we are not able to estimate
the number of licensees with active
licenses that would qualify as small
under the SBA’s small business size
standard.
159. Narrowband Personal
Communications Services. Narrowband
Personal Communications Services
(Narrowband PCS) are PCS services
operating in the 901–902 MHz, 930–931
MHz, and 940–941 MHz bands. PCS
services are radio communications that
encompass mobile and ancillary fixed
communication that provide services to
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individuals and businesses and can be
integrated with a variety of competing
networks. Wireless Telecommunications
Carriers (except Satellite) is the closest
industry with an SBA small business
size standard applicable to these
services. The SBA small business size
standard for this industry classifies a
business as small if it has 1,500 or fewer
employees. U.S. Census Bureau data for
2017 show that there were 2,893 firms
that operated in this industry for the
entire year. Of this number, 2,837 firms
employed fewer than 250 employees.
Thus, under the SBA size standard, the
Commission estimates that a majority of
licensees in this industry can be
considered small.
160. According to Commission data as
of December 2021, there were
approximately 4,211 active Narrowband
PCS licenses. The Commission’s small
business size standards with respect to
Narrowband PCS involve eligibility for
bidding credits and installment
payments in the auction of licenses for
these services. For the auction of these
licenses, the Commission defined a
‘‘small business’’ as an entity that,
together with affiliates and controlling
interests, has average gross revenues for
the three preceding years of not more
than $40 million. A ‘‘very small
business’’ is defined as an entity that,
together with affiliates and controlling
interests, has average gross revenues for
the three preceding years of not more
than $15 million. Pursuant to these
definitions, 7 winning bidders claiming
small and very small bidding credits
won approximately 359 licenses. One of
the winning bidders claiming a small
business status classification in these
Narrowband PCS license auctions had
an active license as of December 2021.
161. In frequency bands where
licenses were subject to auction, the
Commission notes that as a general
matter, the number of winning bidders
that qualify as small businesses at the
close of an auction does not necessarily
represent the number of small
businesses currently in service. Further,
the Commission does not generally track
subsequent business size unless, in the
context of assignments or transfers,
unjust enrichment issues are implicated.
Additionally, since the Commission
does not collect data on the number of
employees for licensees providing these
services, at this time we are not able to
estimate the number of licensees with
active licenses that would qualify as
small under the SBA’s small business
size standard.
162. Offshore Radiotelephone Service.
This service operates on several ultra
high frequency (UHF) television
broadcast channels that are not used for
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television broadcasting in the coastal
areas of states bordering the Gulf of
Mexico. Wireless Telecommunications
Carriers (except Satellite) is the closest
industry with an SBA small business
size standard applicable to this service.
The SBA small business size standard
for this industry classifies a business as
small if it has 1,500 or fewer employees.
U.S. Census Bureau data for 2017 show
that there were 2,893 firms that operated
in this industry for the entire year. Of
this number, 2,837 firms employed
fewer than 250 employees. Thus, under
the SBA size standard, the Commission
estimates that a majority of licensees in
this industry can be considered small.
Additionally, based on Commission
data, as of December 2021, there was
one licensee with an active license in
this service. However, since the
Commission does not collect data on the
number of employees for this service, at
this time we are not able to estimate the
number of licensees that would qualify
as small under the SBA’s small business
size standard.
163. Radio and Television
Broadcasting and Wireless
Communications Equipment
Manufacturing. This industry comprises
establishments primarily engaged in
manufacturing radio and television
broadcast and wireless communications
equipment. Examples of products made
by these establishments are:
transmitting and receiving antennas,
cable television equipment, Global
Positioning System (GPS) equipment,
pagers, cellular phones, mobile
communications equipment, and radio
and television studio and broadcasting
equipment. The SBA small business size
standard for this industry classifies
businesses having 1,250 employees or
less as small. U.S. Census Bureau data
for 2017 show that there were 656 firms
in this industry that operated for the
entire year. Of this number, 624 firms
had fewer than 250 employees. Thus,
under the SBA size standard, the
majority of firms in this industry can be
considered small.
164. Rural Radiotelephone Service.
Neither the Commission nor the SBA
have developed a small business size
standard specifically for small
businesses providing Rural
Radiotelephone Service. Rural
Radiotelephone Service is radio service
in which licensees are authorized to
offer and provide radio
telecommunication services for hire to
subscribers in areas where it is not
feasible to provide communication
services by wire or other means. A
significant subset of the Rural
Radiotelephone Service is the Basic
Exchange Telephone Radio System
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(BETRS). Wireless Telecommunications
Carriers (except Satellite) is the closest
applicable industry with an SBA small
business size standard. The SBA small
business size standard for Wireless
Telecommunications Carriers (except
Satellite) classifies firms having 1,500 or
fewer employees as small. For this
industry, U.S. Census Bureau data for
2017 show that there were 2,893 firms
that operated for the entire year. Of this
total, 2,837 firms employed fewer than
250 employees. Thus, under the SBA
size standard, the Commission estimates
that the majority of Rural
Radiotelephone Services firm are small
entities. Based on Commission data as
of December 27, 2021, there were
approximately 119 active licenses in the
Rural Radiotelephone Service. The
Commission does not collect
employment data from these entities
holding these licenses and therefore we
cannot estimate how many of these
entities meet the SBA small business
size standard.
165. Wireless Communications
Services. Wireless Communications
Services (WCS) can be used for a variety
of fixed, mobile, radiolocation, and
digital audio broadcasting satellite
services. Wireless spectrum is made
available and licensed for the provision
of wireless communications services in
several frequency bands subject to part
27 of the Commission’s rules. Wireless
Telecommunications Carriers (except
Satellite) is the closest industry with an
SBA small business size standard
applicable to these services. The SBA
small business size standard for this
industry classifies a business as small if
it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that
there were 2,893 firms that operated in
this industry for the entire year. Of this
number, 2,837 firms employed fewer
than 250 employees. Thus, under the
SBA size standard, the Commission
estimates that a majority of licensees in
this industry can be considered small.
166. The Commission’s small
business size standards with respect to
WCS involve eligibility for bidding
credits and installment payments in the
auction of licenses for the various
frequency bands included in WCS.
When bidding credits are adopted for
the auction of licenses in WCS
frequency bands, such credits may be
available to several types of small
businesses based average gross revenues
(small, very small and entrepreneur)
pursuant to the competitive bidding
rules adopted in conjunction with the
requirements for the auction and/or as
identified in the designated entities
section in part 27 of the Commission’s
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rules for the specific WCS frequency
bands.
167. In frequency bands where
licenses were subject to auction, the
Commission notes that as a general
matter, the number of winning bidders
that qualify as small businesses at the
close of an auction does not necessarily
represent the number of small
businesses currently in service. Further,
the Commission does not generally track
subsequent business size unless, in the
context of assignments or transfers,
unjust enrichment issues are implicated.
Additionally, since the Commission
does not collect data on the number of
employees for licensees providing these
services, at this time we are not able to
estimate the number of licensees with
active licenses that would qualify as
small under the SBA’s small business
size standard.
168. Wireless Telecommunications
Carriers (except Satellite). This industry
comprises establishments engaged in
operating and maintaining switching
and transmission facilities to provide
communications via the airwaves.
Establishments in this industry have
spectrum licenses and provide services
using that spectrum, such as cellular
services, paging services, wireless
internet access, and wireless video
services. The SBA size standard for this
industry classifies a business as small if
it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that
there were 2,893 firms in this industry
that operated for the entire year. Of that
number, 2,837 firms employed fewer
than 250 employees. Additionally,
based on Commission data in the 2022
Universal Service Monitoring Report, as
of December 31, 2021, there were 594
providers that reported they were
engaged in the provision of wireless
services. Of these providers, the
Commission estimates that 511
providers have 1,500 or fewer
employees. Consequently, using the
SBA’s small business size standard,
most of these providers can be
considered small entities.
169. Wireless Telephony. Wireless
telephony includes cellular, personal
communications services, and
specialized mobile radio telephony
carriers. The closest applicable industry
with an SBA small business size
standard is Wireless
Telecommunications Carriers (except
Satellite). The size standard for this
industry under SBA rules is that a
business is small if it has 1,500 or fewer
employees. For this industry, U.S.
Census Bureau data for 2017 show that
there were 2,893 firms that operated for
the entire year. Of this number, 2,837
firms employed fewer than 250
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employees. Additionally, based on
Commission data in the 2022 Universal
Service Monitoring Report, as of
December 31, 2021, there were 331
providers that reported they were
engaged in the provision of cellular,
personal communications services, and
specialized mobile radio services. Of
these providers, the Commission
estimates that 255 providers have 1,500
or fewer employees. Consequently,
using the SBA’s small business size
standard, most of these providers can be
considered small entities.
170. 700 MHz Guard Band Licensees.
The 700 MHz Guard Band encompasses
spectrum in 746–747/776–777 MHz and
762–764/792–794 MHz frequency
bands. Wireless Telecommunications
Carriers (except Satellite) is the closest
industry with an SBA small business
size standard applicable to licenses
providing services in these bands. The
SBA small business size standard for
this industry classifies a business as
small if it has 1,500 or fewer employees.
U.S. Census Bureau data for 2017 show
that there were 2,893 firms that operated
in this industry for the entire year. Of
this number, 2,837 firms employed
fewer than 250 employees. Thus, under
the SBA size standard, the Commission
estimates that a majority of licensees in
this industry can be considered small.
171. According to Commission data as
of December 2021, there were
approximately 224 active 700 MHz
Guard Band licenses. The Commission’s
small business size standards with
respect to 700 MHz Guard Band
licensees involve eligibility for bidding
credits and installment payments in the
auction of licenses. For the auction of
these licenses, the Commission defined
a ‘‘small business’’ as an entity that,
together with its affiliates and
controlling principals, has average gross
revenues not exceeding $40 million for
the preceding three years, and a ‘‘very
small business’’ an entity that, together
with its affiliates and controlling
principals, has average gross revenues
that are not more than $15 million for
the preceding three years. Pursuant to
these definitions, five winning bidders
claiming one of the small business
status classifications won 26 licenses,
and one winning bidder claiming small
business won two licenses. None of the
winning bidders claiming a small
business status classification in these
700 MHz Guard Band license auctions
had an active license as of December
2021.
172. In frequency bands where
licenses were subject to auction, the
Commission notes that as a general
matter, the number of winning bidders
that qualify as small businesses at the
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close of an auction does not necessarily
represent the number of small
businesses currently in service. Further,
the Commission does not generally track
subsequent business size unless, in the
context of assignments or transfers,
unjust enrichment issues are implicated.
Additionally, since the Commission
does not collect data on the number of
employees for licensees providing these
services, at this time we are not able to
estimate the number of licensees with
active licenses that would qualify as
small under the SBA’s small business
size standard.
173. Lower 700 MHz Band Licenses.
The lower 700 MHz band encompasses
spectrum in the 698–746 MHz
frequency bands. Permissible operations
in these bands include flexible fixed,
mobile, and broadcast uses, including
mobile and other digital new broadcast
operation; fixed and mobile wireless
commercial services (including
frequency division duplex (FDD)- and
time division duplex (TDD)-based
services); as well as fixed and mobile
wireless uses for private, internal radio
needs, two-way interactive, cellular, and
mobile television broadcasting services.
Wireless Telecommunications Carriers
(except Satellite) is the closest industry
with an SBA small business size
standard applicable to licenses
providing services in these bands. The
SBA small business size standard for
this industry classifies a business as
small if it has 1,500 or fewer employees.
U.S. Census Bureau data for 2017 show
that there were 2,893 firms that operated
in this industry for the entire year. Of
this number, 2,837 firms employed
fewer than 250 employees. Thus, under
the SBA size standard, the Commission
estimates that a majority of licensees in
this industry can be considered small.
174. According to Commission data as
of December 2021, there were
approximately 2,824 active Lower 700
MHz Band licenses. The Commission’s
small business size standards with
respect to Lower 700 MHz Band
licensees involve eligibility for bidding
credits and installment payments in the
auction of licenses. For auctions of
Lower 700 MHz Band licenses the
Commission adopted criteria for three
groups of small businesses. A very small
business was defined as an entity that,
together with its affiliates and
controlling interests, has average annual
gross revenues not exceeding $15
million for the preceding three years, a
small business was defined as an entity
that, together with its affiliates and
controlling interests, has average gross
revenues not exceeding $40 million for
the preceding three years, and an
entrepreneur was defined as an entity
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that, together with its affiliates and
controlling interests, has average gross
revenues not exceeding $3 million for
the preceding three years. In auctions
for Lower 700 MHz Band licenses
seventy-two winning bidders claiming a
small business classification won 329
licenses, twenty-six winning bidders
claiming a small business classification
won 214 licenses, and three winning
bidders claiming a small business
classification won all five auctioned
licenses.
175. In frequency bands where
licenses were subject to auction, the
Commission notes that as a general
matter, the number of winning bidders
that qualify as small businesses at the
close of an auction does not necessarily
represent the number of small
businesses currently in service. Further,
the Commission does not generally track
subsequent business size unless, in the
context of assignments or transfers,
unjust enrichment issues are implicated.
Additionally, since the Commission
does not collect data on the number of
employees for licensees providing these
services, at this time we are not able to
estimate the number of licensees with
active licenses that would qualify as
small under the SBA’s small business
size standard.
176. Upper 700 MHz Band Licenses.
The upper 700 MHz band encompasses
spectrum in the 746–806 MHz bands.
Upper 700 MHz D Block licenses are
nationwide licenses associated with the
758–763 MHz and 788–793 MHz bands.
Permissible operations in these bands
include flexible fixed, mobile, and
broadcast uses, including mobile and
other digital new broadcast operation;
fixed and mobile wireless commercial
services (including FDD- and TDDbased services); as well as fixed and
mobile wireless uses for private,
internal radio needs, two-way
interactive, cellular, and mobile
television broadcasting services.
Wireless Telecommunications Carriers
(except Satellite) is the closest industry
with an SBA small business size
standard applicable to licenses
providing services in these bands. The
SBA small business size standard for
this industry classifies a business as
small if it has 1,500 or fewer employees.
U.S. Census Bureau data for 2017 show
that there were 2,893 firms that operated
in this industry for the entire year. Of
that number, 2,837 firms employed
fewer than 250 employees. Thus, under
the SBA size standard, the Commission
estimates that a majority of licensees in
this industry can be considered small.
177. According to Commission data as
of December 2021, there were
approximately 152 active Upper 700
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MHz Band licenses. The Commission’s
small business size standards with
respect to Upper 700 MHz Band
licensees involve eligibility for bidding
credits and installment payments in the
auction of licenses. For the auction of
these licenses, the Commission defined
a ‘‘small business’’ as an entity that,
together with its affiliates and
controlling principals, has average gross
revenues not exceeding $40 million for
the preceding three years, and a ‘‘very
small business’’ an entity that, together
with its affiliates and controlling
principals, has average gross revenues
that are not more than $15 million for
the preceding three years. Pursuant to
these definitions, three winning bidders
claiming very small business status won
five of the twelve available licenses.
178. In frequency bands where
licenses were subject to auction, the
Commission notes that as a general
matter, the number of winning bidders
that qualify as small businesses at the
close of an auction does not necessarily
represent the number of small
businesses currently in service. Further,
the Commission does not generally track
subsequent business size unless, in the
context of assignments or transfers,
unjust enrichment issues are implicated.
Additionally, since the Commission
does not collect data on the number of
employees for licensees providing these
services, at this time we are not able to
estimate the number of licensees with
active licenses that would qualify as
small under the SBA’s small business
size standard.
179. Wireless Resellers. Neither the
Commission nor the SBA have
developed a small business size
standard specifically for Wireless
Resellers. The closest industry with an
SBA small business size standard is
Telecommunications Resellers. The
Telecommunications Resellers industry
comprises establishments engaged in
purchasing access and network capacity
from owners and operators of
telecommunications networks and
reselling wired and wireless
telecommunications services (except
satellite) to businesses and households.
Establishments in this industry resell
telecommunications and they do not
operate transmission facilities and
infrastructure. Mobile virtual network
operators (MVNOs) are included in this
industry. Under the SBA size standard
for this industry, a business is small if
it has 1,500 or fewer employees. U.S.
Census Bureau data for 2017 show that
1,386 firms in this industry provided
resale services during that year. Of that
number, 1,375 firms operated with
fewer than 250 employees. Thus, for
this industry under the SBA small
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B. Equipment Manufacturers
180. Radio and Television
Broadcasting and Wireless
Communications Equipment
Manufacturing. This industry comprises
establishments primarily engaged in
manufacturing radio and television
broadcast and wireless communications
equipment. Examples of products made
by these establishments are:
transmitting and receiving antennas,
cable television equipment, GPS
equipment, pagers, cellular phones,
mobile communications equipment, and
radio and television studio and
broadcasting equipment. The SBA small
business size standard for this industry
classifies businesses having 1,250
employees or less as small. U.S. Census
Bureau data for 2017 show that there
were 656 firms in this industry that
operated for the entire year. Of this
number, 624 firms had fewer than 250
employees. Thus, under the SBA size
standard, the majority of firms in this
industry can be considered small.
181. Semiconductor and Related
Device Manufacturing. This industry
comprises establishments primarily
engaged in manufacturing
semiconductors and related solid state
devices. Examples of products made by
these establishments are integrated
circuits, memory chips,
microprocessors, diodes, transistors,
solar cells and other optoelectronic
devices. The SBA small business size
standard for this industry classifies
entities having 1,250 or fewer
employees as small. U.S. Census Bureau
data for 2017 show that there were 729
firms in this industry that operated for
the entire year. Of this total, 673 firms
operated with fewer than 250
employees. Thus, under the SBA size
standard, the majority of firms in this
industry can be considered small.
C. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
182. The rules adopted to implement
location-based routing for wireless 911
voice calls and RTT communications to
911 will impose new or additional
reporting, recordkeeping, and/or other
compliance obligations on small
entities. Small and other CMRS
providers are required to certify their
compliance with the applicable
location-based routing requirements,
and inform the Commission of the
specific network architecture, systems,
and location validation procedures used
to comply with the location-based
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routing requirements. More specifically,
the adopted rules require small and
other CMRS providers, within 60 days
after their respective deadlines, to
deploy location-based routing on their
IP-based networks, and submit a onetime certification with substantiating
evidence of compliance with locationbased routing requirements applicable
to them as of the deadline. As part of the
certification, small and other CMRS
providers must: (i) substantiate
compliance by identifying specific
network architecture, systems, location
validation, and procedures used to
comply with the location-based routing
rules; (ii) collect and report aggregate
information on the routing technologies
for all live wireless 911 voice calls in
the locations specified for live 911 call
location data under the Commission’s
rule at 47 CFR 9.10(i)(3)(ii); and (iii)
certify that location information used
for location-based routing by service
providers and third parties will only be
used for valid 911 purposes. Small and
other CMRS providers can request
confidential treatment of any
information they submit in accordance
with the Commission’s confidentiality
rules.
183. In the NPRM, the Commission
sought comments on the proposals in
this proceeding and requested cost and
benefit information to help the
Commission identify and evaluate
relevant matters for small entities.
Although several comments filed in
response to the NPRM discussed
categories of potential expenses to
comply with location-based routing
requirements, and any related reporting
and recordkeeping requirements, with
some asserting that there would be a
greater burden on smaller providers,
these comments and the record as a
whole do not contain detailed
information on costs required for either
small or large entities. In fact, the Rural
Wireless Association (RWA) and the
Boulder Regional Emergency Telephone
Service Authority (BRETSA) expressly
indicated that neither non-nationwide
nor small carriers have determined their
implementation costs. Moreover, while
stating that ‘‘[t]he $366,600 figure
referenced in the NPRM may be a
conservative estimate,’’ RWA did not
provide an alternative to the
Commission’s estimate and noted that to
date, RWA members have not received
any specific vendor estimates regarding
their actual cost of compliance.
184. In the NPRM, the Commission
proposed an ‘‘upper bound’’ estimate for
labor costs of $366,600 per CMRS
provider, and for material costs such as
software features or component
upgrades for each CMRS provider, of
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$10,000 per PSAP. In response to the
comments we received, we clarify that
material costs estimated in the NPRM
are not limited to those incurred at the
PSAP, but also in the network core, and
that the per PSAP calculation is a proxy
for the size of the network that remains
to be converted to location-based
routing. Using the Commission’s
methodology in the NPRM, we estimate
that CMRS providers collectively need
to deploy location-based routing to a
total of 14,366 PSAPs, resulting in the
implied material cost of approximately
$143.7 million.
185. Our total labor costs analysis
added internal planning, outreach, and
testing to the costs for equipment
installation and conducting trials the
Commission proposed and discussed in
the NPRM. To better reflect the wide
array of complex tasks that will be
undertaken with highly skilled and
senior staff, we will assume a higher
wage for the workers than that assumed
in the NPRM because some of the tasks
involved will have to be undertaken by
senior staff. Using the Bureau of Labor
Statistics 75th percentile wage for
network engineers, we assume worker
compensation to be $81.29 per hour.
Marking up hourly compensation by
45% to account for benefits results in a
total hourly compensation estimate of
$117.87. Assuming that work is
completed over 26 work-weeks of five,
8 work-hour days, and a team of 10, the
aggregate upper bound of work-hours
would 10,400 and the total cost of those
work-hours would be $1,225,853. While
non-nationwide CMRS providers will
have 24 months rather than six to
implement location-based routing,
smaller CMRS providers have
constraints on the number of staff they
can assign to any one project. In
addition, while non-nationwide CMRS
providers may take longer to implement
location-based routing, assigning the
same amount of work-time as
nationwide CMRS providers represents
both the spreading out of tasks over a
longer period and an overestimate since
non-nationwide CMRS providers have
much smaller networks. Given that
AT&T has already implemented
location-based routing, we estimate the
labor cost associated with
implementation for network for the 56
remaining providers, plus T-Mobile and
Verizon, to be $71 million (≈ $1,225,853
× 58 providers = $71,099,474).
186. In addition to network costs,
several commenters indicate that public
safety-grade GIS data or shapefiles that
precisely define PSAP boundaries
should be developed or provided,
though they differ on which parties
should be responsible. We agree with
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NENA that it is the responsibility of
providers to maintain their own
jurisdictional maps. Accordingly, we
assign the cost of maps to the providers.
We anticipate that map costs will
largely be labor to update already
existing maps. To come up with a cost
ceiling, we assume that every provider
will need to update its maps, even
though many providers likely have upto-date maps. We anticipate that
updating the map will only entail labor
costs for mapping specialists to update
maps. In the Supporting Document of
Study Area Boundary Data Reporting in
Esri Shapefile Format, the Office of
Information and Regulatory Affairs
estimates that it takes an average of 26
hours for a data scientist to modify a
shapefile. We believe that 26 hours
would be an upper bound of the time
required for a party to update its maps.
Given that the average wage rate is
$60.44/hour for data scientists in the
telecommunications industry, with a
45% markup for benefits, we arrive at
$87.63 as the hourly compensation rate
for a data scientist. We estimate an
upper bound for the cost of map
updating to be approximately $134,000
(≈ $87.63 per hour × 26 hours × 59
providers = $134,424.42).
187. In addition, the one-time
certification of compliance with our
requirements together with the
submission of data on call percentages
by routing methods will impose a onetime cost on CMRS providers. As this
required information should be
available to each provider internally, we
anticipate work to compile this
information to take no longer than a
week of five business days. We believe
that one network engineer would be
sufficient to complete this task in this
time frame, resulting in a total provider
cost of 40 work-hours. Assuming the
same hourly labor cost of network
engineers as in the previous cost
estimate for network implementation,
the total cost of reporting is $280,000 (≈
$117.87 per hour × 40 hours × 59
providers = $278,173.20).
188. Because we are adopting
location-based routing requirements for
RTT communications to 911, we also
consider the costs for CMRS providers.
Given that CMRS providers process and
route RTT communications to 911
similarly to voice calls, we assume that
CMRS providers’ material and labor
costs to deploy location-based routing
for RTT are included in our cost
estimates above. As part of this analysis,
we note that as of the release date of the
Report and Order, we are aware of only
a small number of PSAPs that are
receiving RTT communications.
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189. In sum, we estimate upper
bounds of the costs that CMRS
providers will bear to be material costs
of $143.7 million, network
implementation costs of $71.1 million,
GIS costs of $134,000, and certification
costs of $280,000. Altogether, the upper
bound of costs is approximately $215
million. We note that the three major
CMRS providers (AT&T, T-Mobile, and
Verizon) have already implemented
location-based routing for wireless 911
voice calls nationwide, or are in the
process of implementing it. Although
some commenters argue that this
progress by three major carriers will not
necessarily translate into reduced costs
and greater efficiency for smaller
providers to implement location-based
routing, it appears that this progress by
larger providers may have at least some
measure of positive impact on
implementation by smaller providers,
such as by demonstrating potential
implementation technologies and
strategies, although they may be
required to hire professionals to fulfill
their compliance obligations.
190. The important public safety
benefits that will result from the
requirements the Commission adopted
outweigh the associated implementation
and compliance burdens for CMRS
providers. The rule changes to
implement nationwide location-based
routing will significantly decrease
misrouted wireless 911 calls and RTT
communications to 911, reduce
emergency response time, save lives,
and save many PSAP personnel hours
and resources lost in 911 transfers.
Accordingly, these rule changes serve
the public interest.
D. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
191. The RFA requires an agency to
provide ‘‘a description of the steps the
agency has taken to minimize the
significant economic impact on small
entities . . . including a statement of
the factual, policy, and legal reasons for
selecting the alternative adopted in the
final rule and why each one of the other
significant alternatives to the rule
considered by the agency which affect
the impact on small entities was
rejected.’’
192. In the previous section we
described the significant public safety
benefits to be achieved from requiring
all CMRS providers to implement
location-based routing for wireless 911
voice calls and RTT messages
originating on IP-based networks on a
nationwide basis. From the record in
this proceeding, it appears to be
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technologically feasible for CMRS
providers to implement location-based
routing for a significant percentage of
wireless 911 voice calls and RTT
messages. In the Report and Order we
expressly found that it is
technologically feasible for all CMRS
providers, nationwide and nonnationwide, to support location-based
routing for a significant percentage of
wireless 911 voice calls. The
Commission considered comments
advocating for a voluntary locationbased routing approach to allow
providers the flexibility which would
take into account the differences in
providers’ networks, configurations and
devices. We found, however, that
implementing location-based routing on
a voluntary basis is not consistent with
the Commission’s goal of ensuring that
location-based routing is available to all
wireless 911 callers on a nationwide
basis. Accordingly, the rules we adopt
require both nationwide and nonnationwide CMRS providers to
implement location-based routing
consistent with the proposals in the
NPRM.
193. The Commission also considered
a per-PSAP approach to implement
location-based routing but determined
that there could be uneven and
inconsistent implementation in routing
approaches between jurisdictions, and
there was also a risk of 911 misroutes
for jurisdictions that do not request
location-based routing service. The
Commission found that a per-PSAP
approach was not consistent with its
interest in facilitating improved routing
of 911 voice calls, and was not in the
public interest. Additionally, we
determined this approach would impose
unnecessary cost burdens on PSAPs to
affirmatively request such service. The
rules we adopted in the Report and
Order were intended to be cost effective
and minimally burdensome for small
and other entities impacted by the rules.
Below we discuss the specific steps the
Commission has taken to minimize
costs and reduce the economic impact
for small entities, as well as various
alternatives considered.
194. Location-Based Routing
Requirements. Consistent with the
Commission’s proposal in the NPRM
and to reduce potential cost burdens for
small and other wireless providers, our
location-based routing rules apply only
to wireless 911 voice calls and RTT
communications originating on IP-based
networks (i.e., 4G LTE, 5G, and
subsequent generations of IP-based
networks). The record indicated that
while nationwide CMRS providers are
in the process of retiring or have
completed the retirement of circuit-
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switched, time-division multiplex
(TDM) 2G and 3G networks, and some
non-nationwide providers announced
dates to sunset their 3G networks in
2022, the transition from these networks
that are less compatible with locationbased routing has not been fully
completed. In the NPRM, the
Commission tentatively concluded that
requiring location-based routing for 911
calls or texts originating on TDM-based
networks would be unduly burdensome,
especially for non-nationwide providers
who would bear the greatest burden,
even if given additional time to comply
with such a requirement. Moreover,
although the Commission considered
requiring location-based routing for all
911 calls, the Commission in the NPRM
ultimately proposed to require locationbased routing only for 911 calls
originating on IP-based networks, i.e.,
4G LTE, 5G, and subsequently deployed
IP-based networks. In the Report and
Order, the Commission adopted the
proposed rule which will minimize
some burdens and economic impact for
small entities, particularly those that are
non-nationwide providers, due to the
limited scope of the requirement.
195. Rather than imposing a rigid
location-based routing requirement, the
rules the Commission adopted provide
flexibility to small and other entities to
route wireless 911 voice calls or RTT
communications based on the best
available location information (which
may include cell tower coordinates or
other information) when the location
information available at time of routing
does not meet either one or both of the
rules’ requirements for accuracy and
timeliness. The Commission recognized
the continued need for legacy E911
routing, at least as a fallback method,
because accurate device location
information is not available in all
scenarios. Further, the Commission’s
requirement to default to best available
location is consistent with the ATIS–
0500039 standard for location-based
routing, which assumes that the fallback
for location-based routing should be
cell-sector routing for cases where no
position estimate is available in time to
be used for location-based routing, or
the position estimates lack requisite
accuracy. Our requirement is also
consistent with current CMRS provider
deployments of location-based routing,
which default to legacy E911 routing
when location does not meet CMRS
providers’ standards of accuracy and
timeliness.
196. The Report and Order also
adopted baseline requirements
involving the accuracy and timeliness of
location information used for locationbased routing that are consistent with
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industry standards. Under the rules
adopted, CMRS providers must use
location-based routing only if the
location information is available to the
provider network at the time the
wireless 911 voice call or RTT
communication is routed, and the
information identifies the caller’s
horizontal location with a radius of 165
meters at a confidence level of at least
90%. These metrics are consistent with
AT&T’s successful nationwide
implementation of location-based
routing, and received support as a
model for other wireless carriers to
implement location-based routing. In
addition, the rule’s confidence metric is
consistent with ATIS’s recommendation
that uncertainty values for locationbased routing ‘‘be standardized to a 90%
confidence for effective call handling.’’
When location information does not
meet the baseline accuracy and
timeliness requirements, the adopted
requirements allow CMRS providers to
instead route based on best available
location information, which may
include device-based location
information that does not meet the
accuracy threshold, the centroid of the
area served by the cell sector that first
picks up the call, or other location
information. This will help to minimize
any significant economic impact on
small entities and other CMRS
providers.
197. Compliance Timelines. The rules
adopted in the Report and Order
provide small and other providers
flexibility in the compliance timelines
to implement the location-based routing
requirements, which should reduce the
economic burden for small entities. The
compliance timelines differ from those
the Commission proposed in the NPRM,
which provided different deadlines for
nationwide CMRS providers and nonnationwide CMRS providers to
implement location-based routing on
their IP-based networks when available
location information meets
requirements for accuracy and
timeliness. To further reduce the burden
on small entities in the rules adopted,
the Commission granted longer
compliance timelines to non-nationwide
CMRS providers than those proposed in
the NPRM and eliminated the
requirements for covered text providers
that are not CMRS providers.
Specifically, non-nationwide CMRS
providers (which includes a substantial
number of small entities) are required to
implement location-based routing for
wireless 911 voice calls within 24
months from the effective date of the
final rules, rather than 18 months as
proposed in the NPRM. Nationwide
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CMRS providers are required to
implement location-based routing for
wireless 911 voice calls within six
months from the effective date of the
final rules. For RTT, all CMRS providers
are required to implement locationbased routing for RTT messages where
they implement RTT capability within
24 months from the effective date of the
final rules, rather than the 12 months
proposed in the NPRM.
198. The Commission has also
minimized any significant economic
impact on small entities by limiting the
requirement to implement locationbased routing to operators of IP-based
networks only when certain
requirements are met. Small entities are
not required to comply with the
location-based routing requirement if
they do not operate an IP-based
network, or if the location information
available on the IP-based network does
not meet either one or both of the
requirements for timeliness and
accuracy, in which case, small entities
may use the best available location
information for routing. Small entities
will further benefit from the
Commission’s adoption of provisions
that allow PSAPs and CMRS providers
to enter into agreements that establish
an alternate timeframe for meeting the
location-based routing requirements.
The flexibility to negotiate an
alternative timeframe that meets a
CMRS provider’s business and financial
needs is a significant step by the
Commission that could minimize the
economic impact for small entities.
199. Reporting and Certification
Requirements. The Commission
considered the level of data collection,
reporting, and certification, if any, that
should be required from CMRS
providers on location-based routing
issues, weighing the potential burden of
such requirements on small and other
entities against the need to ensure
compliance with the rules. The
Commission also considered not
adopting a certification requirement.
However, absent a certification
requirement, the Commission and the
public would have no insight into
providers’ implementation of locationbased routing. Furthermore, the
Commission’s ability to easily
determine whether carriers are in
compliance would be limited. Another
alternative the Commission evaluated
was adopting periodic reporting
requirements. However, such ongoing
reporting requirements have the
potential to overburden providers,
particularly small entities. Therefore,
the rules adopted do not contain any
periodic reporting requirements. We
believe the one-time certification and
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live call data reporting requirement we
adopt will be sufficient for providers to
demonstrate location-based routing
implementation. This limited data
collection best balances the need for
transparency on compliance with the
limited ability of some providers,
particularly small entities, to respond to
mandatory data collections. The
adopted certification requirement will
also help provide important privacy and
security protections, which we believe
greatly outweigh any minor burden that
this requirement might impose on small
or other entities.
200. Deferral of Certain Proposed
Rules and Removal From This
Rulemaking Proceeding. In the Report
and Order, the Commission deferred
taking action on certain rules that were
proposed in the NPRM. Specifically, in
the NPRM the Commission proposed
requiring covered text providers to
implement location-based routing for all
911 texts originating on their IP-based
networks when location information
meets certain accuracy and timeliness
requirements. In the Report and Order
we required CMRS providers to deploy
and use location-based routing only for
RTT communications. We deferred
action on requiring covered text
providers to deploy and use locationbased routing for other types of text
messages to 911, such as Short Message
Service (SMS). The Commission also
proposed requiring CMRS and covered
text providers to deliver 911 calls, texts,
and associated routing information in IP
format upon request of 911 authorities
that have established the capability to
accept NG911-compatible IP-based 911
communications. To align requirements
for NG911 services amongst providers
and avoid confusion among
stakeholders, we deferred consideration
of CMRS and covered text provider
NG911 IP delivery requirements to the
pending NG911 transition proceeding in
PS Docket No. 21–479. Our deferral of
the two proposed requirements above
eliminated consideration of these rules
from the current rulemaking proceeding.
By eliminating these rules from the
proceeding, the Commission has
reduced the compliance costs for small
entities and any related implementation
burdens small entities may have
incurred.
E. Report to Congress
201. The Commission will send a
copy of the Report and Order, including
this FRFA, in a report to Congress
pursuant to the Congressional Review
Act. In addition, the Commission will
send a copy of the Report and Order,
including this FRFA, to the Chief
Counsel for Advocacy of the SBA. A
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copy of the Report and Order and FRFA
(or summaries thereof) will also be
published in the Federal Register.
V. Ordering Clauses
1. Accordingly, it is ordered, pursuant
to sections 1, 2, 4(i), 10, 201, 214, 222,
251(e), 301, 302, 303, 307, 309, 316, and
332, of the Communications Act of
1934, as amended, 47 U.S.C. 151, 152(a),
154(i), 160, 201, 214, 222, 251(e), 301,
302a, 303, 307, 309, 316, 332; the
Wireless Communications and Public
Safety Act of 1999, Public Law 106–81,
47 U.S.C. 615 note, 615, 615a, 615b; and
section 106 of the Twenty-First Century
Communications and Video
Accessibility Act of 2010, Public Law
111–260, 47 U.S.C. 615c, that the Report
and Order is adopted.
2. It is further ordered that the
amendments to part 9 of the
Commission’s rules, as set forth in
Appendix A of the Report and Order,
are adopted, effective sixty (60) days
after publication in the Federal
Register. Compliance will not be
required for § 9.10(s)(4) and (5) until
after approval by the Office of
Management and Budget. The
Commission delegates authority to the
Public Safety and Homeland Security
Bureau to publish a document in the
Federal Register announcing that
compliance date and revising
§ 9.10(s)(6).
3. It is further ordered that the
Commission’s Office of the Secretary,
Reference Information Center, shall
send a copy of the Report and Order,
including the Final Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
4. It is further ordered that the Office
of the Managing Director, Performance
Program Management, shall send a copy
of the Report and Order in a report to
be sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 9
Communications, Communications
common carriers, Communications
equipment, Internet, Radio, Reporting
and recordkeeping requirements,
Satellites, Security measures,
Telecommunications, Telephone.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 9 as
follows:
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18523
PART 9—911 REQUIREMENTS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 47 U.S.C. 151–154, 152(a),
155(c), 157, 160, 201, 202, 208, 210, 214, 218,
219, 222, 225, 251(e), 255, 301, 302, 303, 307,
308, 309, 310, 316, 319, 332, 403, 405, 605,
610, 615, 615 note, 615a, 615b, 615c, 615a–
1, 616, 620, 621, 623, 623 note, 721, and
1471, and Section 902 of Title IX, Division
FF, Pub. L. 116–260, 134 Stat. 1182, unless
otherwise noted.
2. Amend § 9.3 by adding definitions
for ‘‘Device-based location information’’
and ‘‘Location-based routing’’ in
alphabetical order to read as follows:
■
§ 9.3
Definitions.
*
*
*
*
*
Device-based location information.
Information regarding the location of a
device used to call or text 911 generated
all or in part from on-device sensors and
data sources.
*
*
*
*
*
Location-based routing. The use of
information regarding the location of a
device, including but not limited to
device-based location information, to
deliver 911 calls and real-time text
communications to point(s) designated
by the authorized local or state entity to
receive wireless 911 voice calls and
real-time text communications to 911,
such as an Emergency Services internet
Protocol Network (ESInet) or PSAP, or
to an appropriate local emergency
authority.
*
*
*
*
*
■ 3. Amend § 9.10 by revising paragraph
(a) introductory text and adding
paragraph (s) to read as follows:
§ 9.10 911
Service.
(a) Scope of this section. Except as
described in paragraph (r) of this
section, the following requirements of
paragraphs (a) through (s) of this section
are only applicable to CMRS providers,
excluding mobile satellite service (MSS)
operators, to the extent that they:
*
*
*
*
*
(s) Location-based routing
requirements—(1) Wireless 911 voice
calls. (i) By November 13, 2024,
nationwide CMRS providers must
deploy a technology that supports
location-based routing for wireless 911
voice calls on their internet Protocolbased networks (4G LTE, 5G, and
subsequent generations of internet
Protocol-based networks) nationwide.
At that time, nationwide CMRS
providers must route all wireless 911
voice calls originating on their internet
Protocol-based networks pursuant to the
requirements of paragraph (s)(3) of this
section.
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lotter on DSK11XQN23PROD with RULES2
(ii) By May 13, 2026, non-nationwide
CMRS providers must deploy a
technology that supports location-based
routing for wireless 911 voice calls on
their internet Protocol-based networks
(4G LTE, 5G, and subsequent
generations of internet Protocol-based
networks). At that time, non-nationwide
CMRS providers must route all wireless
911 voice calls originating on their
internet Protocol-based networks
pursuant to the requirements of
paragraph (s)(3) of this section.
(2) Real-time text communications to
911. By May 13, 2026, CMRS providers
must deploy a technology that supports
location-based routing for real-time text
communications to 911 originating on
their internet-Protocol-based networks
(4G LTE, 5G, and subsequent
generations of internet Protocol-based
networks). At that time, CMRS
providers must route all real-time text
communications to 911 originating on
their internet Protocol-based networks
pursuant to the requirements of
paragraph (s)(3) of this section.
(3) Timeliness and accuracy
threshold. (i) Notwithstanding
requirements for confidence and
uncertainty described in paragraph (j) of
this section, CMRS providers must use
location information that meets the
following specifications for routing
wireless 911 voice calls and real-time
text communications to 911 under
paragraphs (s)(1) and (2) of this section:
(A) The location information reports
the horizontal location uncertainty level
of the device within a radius of 165
meters at a confidence level of at least
90%; and
(B) The location information is
available to the CMRS provider network
at the time of routing the wireless 911
voice call or real-time text
communication to 911.
(ii) When the location information
does not meet either one or both of the
requirements in paragraphs (s)(3)(i)(A)
and (B) of this section, CMRS providers
must route the wireless 911 voice call or
real-time text communication to 911
based on the best available location
information, which may include but is
not limited to device-based location
information that does not meet the
requirements in paragraphs (s)(3)(i)(A)
VerDate Sep<11>2014
18:59 Mar 12, 2024
Jkt 262001
and (B), the centroid of the area served
by the cell sector that first picks up the
call, or other location information.
(4) Certification and reporting. Within
60 days after each benchmark specified
in paragraphs (s)(1)(i) and (ii) and (s)(2)
of this section, CMRS providers must
comply with the following certification
and reporting requirements.
(i) CMRS providers must:
(A) Certify that they are in compliance
with the requirements specified in
paragraphs (s)(1)(i) and (ii) and (s)(2) of
this section applicable to them;
(B) Identify specific network
architecture, systems, and procedures
used to comply with paragraphs (s)(1)(i)
and (ii) and (s)(2) of this section,
including the extent to which the CMRS
provider validates location information
for routing purposes and the validation
practices used in connection with this
information; and
(C) Certify that neither they nor any
third party they rely on to obtain
location information or associated data
used for compliance with paragraph
(s)(1)(i) or (ii) or (s)(2) of this section
will use such 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 the
CMRS provider and any third parties it
relies on to obtain location information
or associated data used for compliance
with paragraph (s)(1)(i) or (ii) or (s)(2)
have implemented measures sufficient
to safeguard the privacy and security of
such location information or associated
data.
(ii) CMRS providers also must:
(A) Collect and report aggregate data
on the routing technologies used for all
live wireless 911 voice calls in the
locations specified for live 911 call
location data in paragraph (i)(3)(ii) of
this section for a thirty-day period
which begins on the compliance date(s)
specified in paragraphs (s)(1)(i) and (ii)
of this section. CMRS providers must
retain live wireless 911 voice call data
gathered pursuant to this section for a
period of 2 years. CMRS providers must
collect and report the following data,
expressed as both a number and
percentage of the total number of live
PO 00000
Frm 00038
Fmt 4701
Sfmt 9990
wireless 911 voice calls for which data
is collected pursuant to this section:
(1) Live wireless 911 voice calls
routed with location-based routing
using location information that meets
the timeliness and accuracy thresholds
defined in paragraphs (s)(3)(i)(A) and
(B) of this section;
(2) Live wireless 911 voice calls
routed with location-based routing
using location information that does not
meet the timeliness or accuracy
thresholds defined in paragraphs
(s)(3)(i)(A) and (B) of this section; and
(3) Live wireless 911 voice calls
routed using tower-based routing.
(5) Modification of deadlines by
agreement. Nothing in this section shall
prevent PSAPs and CMRS providers
from establishing, by mutual consent,
deadlines different from those
established for CMRS provider
compliance in paragraphs (s)(1)(i) and
(ii) and (s)(2) of this section. The CMRS
provider must notify the Commission of
the dates and terms of the alternate time
frame within 30 days of the parties’
agreement or June 11, 2024, whichever
is later. The CMRS provider must
subsequently notify the Commission of
the actual date by which it comes into
compliance with the location-based
routing requirements in paragraph
(s)(1)(i) or (ii) or (s)(2) within 30 days of
that date or June 11, 2024, whichever is
later. CMRS providers must file such
notifications pursuant to this paragraph
(s)(5) in PS Docket No. 18–64. The
parties may not use this paragraph (s)(5)
to delay compliance with paragraph
(s)(1)(i) or (ii) or (s)(2) of this section
indefinitely.
(6) Compliance dates. Paragraphs
(s)(4) and (5) of this section contain
information collection and
recordkeeping requirements.
Compliance with paragraphs (s)(4) and
(5) will not be required until after
approval by the Office of Management
and Budget. The Commission will
publish a document in the Federal
Register announcing that compliance
date and revising or removing this
paragraph (s)(6) accordingly.
[FR Doc. 2024–03157 Filed 3–8–24; 4:15 pm]
BILLING CODE 6712–01–P
E:\FR\FM\13MRR2.SGM
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Agencies
[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Rules and Regulations]
[Pages 18488-18524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03157]
[[Page 18487]]
Vol. 89
Wednesday,
No. 50
March 13, 2024
Part II
Federal Communications Commission
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47 CFR Part 9
Location-Based Routing for Wireless 911 Calls; Final Rule
Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 /
Rules and Regulations
[[Page 18488]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 9
[PS Docket No. 18-64; FCC 24-4; FR ID 202993]
Location-Based Routing for Wireless 911 Calls
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (the FCC or Commission)
adopted a Report and Order in PS Docket No. 18-64, FCC 24-4, on January
25, 2024, and released on January 26, 2024. This document is a summary
of the Commission's Report and Order. The Report and Order adopted
rules to more precisely route wireless 911 calls and Real-Time Texts
(RTT) to Public Safety Answering Points (PSAPs), which can result in
faster response times during emergencies. Wireless 911 calls have
historically been routed to PSAPs based on the location of the cell
tower that handles the call. Sometimes, however, the 911 call is routed
to the wrong PSAP because the cell tower is not in the same
jurisdiction as the 911 caller. This can happen, for instance, when an
emergency call is placed near a county border. These misrouted 911
calls must be transferred from one PSAP to another, which consumes time
and resources and can cause confusion and delay in emergency response.
The Report and Order requires wireless providers to deploy technology
that supports location-based routing, a method that relies on precise
information about the location of the wireless caller's device, on
their internet Protocol (IP)-based networks and to use location-based
routing to route 911 voice calls and RTT communications to 911
originating on those networks when caller location is accurate and
timely. The Report and Order provides six months for nationwide
wireless providers to implement location-based routing for wireless 911
voice calls and provides 24 months for non-nationwide wireless
providers to implement location-based routing of wireless 911 voice
calls. The Report and Order provides 24 months for all wireless
providers to implement location-based routing for RTT communications to
911.
DATES:
Effective date: May 13, 2024.
Compliance date: Compliance will not be required for Sec.
9.10(s)(4) and (5) until a document is published in the Federal
Register announcing a compliance date and revising or removing Sec.
9.10(s)(6).
FOR FURTHER INFORMATION CONTACT: Rachel Wehr, Attorney Advisor, Policy
and Licensing Division, Public Safety and Homeland Security Bureau,
(202) 418-1138, [email protected], or Brenda Boykin, Deputy Division
Chief, Policy and Licensing Division, Public Safety and Homeland
Security Bureau, (202) 418-2062, [email protected].
SUPPLEMENTARY INFORMATION: This document is a summary of the
Commission's Report and Order. The full text of the Report and Order is
available for public inspection at https://docs.fcc.gov/public/attachments/FCC-24-4A1.pdf. To request materials in accessible formats
for people with disabilities (Braille, large print, electronic files,
audio format), or to request reasonable accommodations (e.g.,
accessible format documents, sign language interpreters, CART, etc.),
send an email to [email protected] or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice).
Congressional Review Act
The Commission has determined, and the Administrator of the Office
of Information and Regulatory Affairs, Office of Management and Budget,
concurs, that this rule is major under the Congressional Review Act, 5
U.S.C. 804(2). The Commission will send a copy of the Report and Order
to Congress and the Government Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
Synopsis
I. Background
1. This document is a summary of the Commission's Report and Order.
In this document, we require Commercial Mobile Radio Service (CMRS)
providers \1\ to implement location-based routing for wireless 911
voice calls and real-time text (RTT) communications \2\ to 911
nationwide. With location-based routing (LBR) as implemented under
these rules, CMRS providers will use precise location information to
route wireless 911 voice calls and RTT communications to 911 to the
appropriate public safety answering point (PSAP). For the millions of
individuals seeking emergency assistance each year by wireless 911
voice call or RTT communication to 911, improving routing for these
services will reduce emergency response times and save lives.
---------------------------------------------------------------------------
\1\ In this document and the Report and Order, we use the term
Commercial Mobile Radio Service (CMRS) provider to refer to
providers of CMRS, as defined in 47 CFR 9.3 (``Commercial mobile
radio service (CMRS)''). When addressing the record in this
proceeding, we assume that commenters using terms such as ``wireless
carriers'' or ``wireless providers'' refer to CMRS providers subject
to part 9 of the Commission's rules.
\2\ The Commission defines real-time text as ``[t]ext
communications that are transmitted over internet Protocol (IP)
networks immediately as they are created, e.g., on a character-by-
character basis.'' 47 CFR 9.3; accord id. 67(g). In this document
and the Report and Order, we use the term ``RTT communications'' to
refer to instances in which an RTT user initiates contact with 911,
for consistency with our part 9 and part 67 rules. See 47 CFR
9.10(c), 67.1(g), 67.2(c)(2). When addressing the record in this
proceeding, we assume that commenters using the terms ``RTT call''
or ``RTT message'' refer to the same RTT communications described in
the Commission's part 9 and part 67 rules.
---------------------------------------------------------------------------
2. In December 2022, the Commission adopted a notice of proposed
rulemaking proposing to require CMRS providers and covered text
providers to implement location-based routing for wireless 911 voice
calls and texts nationwide.\3\ Public safety commenters overwhelmingly
supported the Commission's proposals. Legacy tower-based routing
results in millions of 911 voice calls nationwide arriving at the
incorrect PSAP for the caller's location, which can result in a delay
of a minute or more in dispatch and response.\4\ The record confirms
that implementing location-based routing is technologically feasible
and will significantly reduce wireless 911 voice call transfers, saving
valuable time for both PSAPs and callers. As a result of the location-
based routing rules we adopt, millions more wireless 911 calls will
reach the appropriate PSAP without the need for transfer or delay.
---------------------------------------------------------------------------
\3\ Location-Based Routing for Wireless 911 Calls, PS Docket No.
18-64, Notice of Proposed Rulemaking, 37 FCC Rcd 15183, 15184, para.
1 (2022), 88 FR 2565 (January 17, 2023) (notice of proposed
rulemaking or NPRM).
\4\ The Commission has previously found that a one minute
increase in response times increases mortality, and that a one
minute decrease in response times decreases mortality. See, e.g.,
Wireless E911 Location Accuracy Requirements, Third Further Notice
of Proposed Rulemaking, 29 FCC Rcd 2374, 2388-89, para. 33 & n.70
(2014), 79 FR 17820 (March 28, 2014). As stated in the notice of
proposed rulemaking and affirmed in the Report and Order, the
Commission estimates that the implementation of wireless location-
based routing under the rules we adopt in this document will save
13,837 lives annually, assuming a one-minute decrease in response
time. See Notice of Proposed Rulemaking, 37 FCC Rcd at 15206-07,
para. 61 & n.161.
---------------------------------------------------------------------------
3. To facilitate the implementation of location-based routing for
wireless 911 voice calls and RTT communications to 911, we take the
following actions:
We require CMRS providers to deploy location-based routing
technology for wireless 911 voice calls and RTT communications to 911
on their internet Protocol (IP)-based
[[Page 18489]]
networks (i.e., 4G LTE, 5G, and subsequent generations of IP-based
networks). We also require CMRS providers to use location-based routing
to route wireless 911 voice calls and RTT communications to 911
originating on their IP-based networks when location information meets
certain thresholds for accuracy and timeliness.
We require CMRS providers to use location-based routing
for wireless 911 voice calls and RTT communications to 911 when caller
location information available to the CMRS provider's network at time
of routing is ascertainable within a radius of 165 meters at a
confidence level of at least 90%. In the absence of these conditions,
CMRS providers must use alternative routing methods based on ``best
available'' location information, which may include but is not limited
to device-based or tower-based location information.
We adopt the proposed six-month timeline for nationwide
CMRS providers to implement location-based routing for wireless 911
voice calls and provide twenty-four months for non-nationwide CMRS
providers to implement location-based routing of wireless 911 voice
calls.\5\ In addition, we provide 24 months for all CMRS providers to
implement location-based routing for RTT communications to 911.
---------------------------------------------------------------------------
\5\ The Commission defines a ``[n]on-nationwide CMRS provider''
for purposes of its part 9 rules as ``[a]ny CMRS provider other than
a nationwide CMRS provider.'' 47 CFR 9.10(i)(1)(v). A ``[n]ationwide
CMRS provider'' for purposes of the Commission's part 9 rules is
``[a] CMRS provider whose service extends to a majority of the
population and land area of the United States.'' 47 CFR
9.10(i)(1)(iv).
---------------------------------------------------------------------------
We require CMRS providers within 60 days of the applicable
compliance deadlines to certify and submit evidence of compliance with
location-based routing requirements. At that time, CMRS providers also
must submit one-time live call data reporting on the routing
methodologies for calls in live call areas, and they must certify the
privacy of location information used for location-based routing.
We defer consideration of proposals in the notice of
proposed rulemaking to require CMRS providers and covered text
providers \6\ to implement location-based routing for Short Message
Service (SMS) texts to 911.
---------------------------------------------------------------------------
\6\ The Commission defines ``covered text provider'' as
including ``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.'' 47 CFR 9.10(q)(1).
---------------------------------------------------------------------------
We defer consideration of proposals and issues raised in
the notice of proposed rulemaking concerning IP-formatted delivery of
wireless 911 voice calls, texts, and associated routing information for
consideration in the Commission's pending Next Generation 911 (NG911)
Transition docket (PS Docket No. 21-479--Facilitating Implementation of
Next Generation 911 Services).\7\
---------------------------------------------------------------------------
\7\ See Facilitating Implementation of Next Generation 911
Services (NG911), PS Docket No. 21-479, Notice of Proposed
Rulemaking, FCC 23-47, 2023 WL 3946685 (June 9, 2023), 88 FR 43514
(July 10, 2023), https://www.fcc.gov/document/fcc-proposes-action-expedite-transition-next-generation-911-0 (NG911 Notice of Proposed
Rulemaking).
---------------------------------------------------------------------------
4. Legacy Enhanced 911 Routing. When the first 911 call was placed
in 1968, 911 service was provided to the public over wireline telephone
networks, and wireline providers used the fixed location of the calling
telephone to route 911 calls to the nearest PSAP.\8\ With the
deployment of the first generation of cellular service, wireless 911
voice calls could originate from any location served by the wireless
network, and the caller could move locations during the call. To enable
timely routing of wireless 911 voice calls, CMRS providers typically
programmed their networks to use the location of the first cell tower
receiving the call to determine the nearest PSAP and route the call
accordingly. This became the basis for routing of wireless Enhanced 911
(E911) calls (legacy E911 routing).
---------------------------------------------------------------------------
\8\ Location-Based Routing for Wireless 911 Calls, PS Docket No.
18-64, Notice of Inquiry, 33 FCC Rcd 3238, 3240, para. 6 (2018)
(Notice of Inquiry).
---------------------------------------------------------------------------
5. Wireless 911 Voice Call Misroutes. Technical limitations of
legacy E911 routing can result in a CMRS provider routing a wireless
911 voice call to a PSAP other than the one designated by the relevant
state or local 911 authority to receive 911 calls from the caller's
actual location.\9\ The Commission considers wireless 911 voice calls
routed to a PSAP other than the one designated for the caller's
location to be ``misrouted,'' although such misroutes generally result
from tower-based call routing mechanisms working as designed, not from
technical failure of those mechanisms. The Alliance for
Telecommunications Industry Solutions (ATIS) estimates that on average
12% of wireless legacy E911 voice calls nationwide are misrouted.\10\
Other commenters indicate that the percentage of misrouted wireless 911
voice calls is higher in some jurisdictions.\11\ These estimates
support the conclusion that tower-based routing causes millions of
wireless 911 voice calls to be misrouted annually.\12\
---------------------------------------------------------------------------
\9\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15185-86, para.
7. For example, a cell tower in Northern Virginia may pick up a
wireless 911 voice call originating in Washington, DC, but route the
call to a Virginia PSAP. Id.
\10\ Alliance for Telecommunications Industry Solutions (ATIS),
Analysis of Predetermined Cell Sector Routing Outcomes Compared to
Caller's Device Location, ATIS-0500039 at 4 (July 2, 2019), https://access.atis.org/apps/group_public/document.php?document_id=48697
(ATIS-0500039). Intrado cites a 2018 study concluding that 12.96%
out of a set of five million wireless 911 calls were misrouted.
Intrado Life & Safety, Inc. (Intrado) Public Notice Comments at 3 &
n.8, 4 (rec. July 11, 2022) (Intrado PN Comments).
\11\ For example, the Fayetteville (Arkansas) Police Department
reports that ``roughly 30% or more'' of the 911 calls its
jurisdiction receives are misrouted from neighboring jurisdictions.
Natisha Claypool, Assistant Dispatch Manager, Fayetteville Police
Department Public Notice Comments (rec. July 11, 2022). Intrado
estimates, based on data collected in AT&T's pilot implementation of
location-based routing in February/March 2022, that Palm Beach
County, Florida, was experiencing misrouted calls with tower-based
routing at a rate of at least 11%, and as high as 20-50% along PSAP
boundaries. Intrado PN Comments at 4-5.
\12\ In the Commission's 2023 annual 911 fee report, respondents
reported receiving a combined total of approximately 158 million
wireless 911 voice calls in calendar year 2022. FCC, Fifteenth
Annual Report to Congress on State Collection and Distribution of
911 and Enhanced 911 Fees and Charges at 16, Table 3 (2023), https://www.fcc.gov/general/911-fee-reports (Fifteenth Annual 911 Fee
Report). Assuming 12% of these calls were misrouted, misroutes would
total nearly 19 million calls. NENA: The 9-1-1 Association (NENA)
estimates that 23 million wireless 911 voice calls are misrouted
annually. NENA Notice of Proposed Rulemaking Comments at 2 (rec.
Feb. 15, 2023) (NENA NPRM Comments).
---------------------------------------------------------------------------
6. When a wireless 911 voice call is misrouted, the answering
telecommunicator must transfer the call to the PSAP that has
jurisdiction to dispatch aid to the 911 caller's location. This process
consumes time and resources for both the transferring PSAP and the
receiving PSAP and delays the dispatch of first responders to render
aid. Commenters submit anecdotal evidence that a typical misroute
introduces a delay of about a minute.\13\ NENA estimates that call
transfers consume over 200,000 hours per year of excess 911
professional labor. Misrouted wireless 911 voice calls can also
contribute to confusion and delay in
[[Page 18490]]
emergency response.\14\ This delay can have deadly consequences.\15\
---------------------------------------------------------------------------
\13\ See, e.g., Association of Public-Safety Communications
Officials International, Inc. (APCO) Public Notice Comments at 2
(rec. July 11, 2022) (APCO PN Comments) (noting that ``it's possible
that a misrouted call will introduce a delay of a minute or
longer''); NENA Public Notice Comments at 4 (rec. July 11, 2022)
(``[T]he general anecdotal consensus was that a call transfer
typically takes `about a minute.' ''); Peninsula Fiber Network
Public Notice Comments at 1 (rec. July 8, 2022) (``Each transfer
takes between 15 to 90 seconds to set up and complete.'').
\14\ For example, on June 4, 2020, 16-year-old Fitz Thomas
drowned at Confluence Park on the Potomac River, which separates
Loudoun County, Virginia, and Montgomery County, Maryland. Press
Release, Loudoun County Office of the County Administrator, Public
Affairs and Communications, Loudoun County Releases Significant
Incident Review of Goose Creek Drowning at 1 (Aug. 31, 2020),
https://www.loudoun.gov/ArchiveCenter/ViewFile/Item/10062. Due to
the incident's proximity to the jurisdictional border of the Potomac
River and the use of legacy E911 routing, both counties received
wireless 911 calls routed from the park located on the Virginia side
of the river. Id. at 2. Efforts to determine Thomas's actual
location contributed to a delay in dispatching first responders. Id.
On July 15, 2022, Ma Kaing was shot and killed by a stray bullet
outside her home in the East Colfax neighborhood of Denver. Jennifer
Kovaleski, Stuck on the line: Cellphone calls routed to the wrong
911 center are costing life-saving seconds, Denver7 (Nov. 19, 2022),
https://www.denver7.com/news/investigations/stuck-on-the-line-cellphone-calls-routed-to-the-wrong-911-center-are-costing-life-saving-seconds. The news media reported that four calls from her
family and neighbors were misrouted to a neighboring PSAP and
required transfer; three callers hung up after waiting minutes on
hold. Id.
\15\ The news media have widely reported on such tragic
occurrences. For example, in December 2015, dispatchers were unable
to locate Shanell Anderson, who drowned after accidentally driving
off the road and into a pond close to the line between Fulton and
Cherokee Counties in Georgia. Brendan Keefe and Phillip Kish, Lost
on the Line: Why 911 is broken, 11ALIVE (Aug. 12, 2019), https://www.11alive.com/article/news/local/lost-on-the-line-why-911-is-broken/85-225104578. According to the news media, Shanell Anderson
was able to call 911, but the call was picked up by a cell tower in
Fulton County and routed to that county's PSAP, where critical
minutes were lost while dispatchers sought to determine the county
in which she was located (Cherokee County). Id. In another incident
in 2008, Olidia Kerr Day made a wireless 911 call before she was
fatally shot in a murder-suicide in front of the Plantation,
Florida, police department. Sofia Santana, Cell Phone 911 Calls Are
Often Routed to the Wrong Call Centers, Sun Sentinel (June 21,
2008), https://www.sun-sentinel.com/sfl-flbsafe911calls0621sbjun21-story.html. According to the news media, although she placed the
call in Plantation, the call was routed to the 911 center in
Sunrise, Florida, and had to be transferred to Plantation. Id.
---------------------------------------------------------------------------
7. Location-Based Routing Notice of Inquiry. In 2018, the
Commission released a Notice of Inquiry seeking comment on issues
related to misrouted wireless 911 calls, including the feasibility of
location-based routing. Historically, generating precise caller
location information typically required too much time to be used for
911 call routing. The Commission noted, however, that then-recent
advances in location technology suggested it was feasible to pinpoint a
wireless 911 voice caller's location quickly enough to support an
initial routing determination. The Commission also found that many
location-based routing methods were promising. The record received in
response to the Notice of Inquiry confirmed the emergence of potential
location-based routing solutions but also indicated uncertainty about
the capabilities of such solutions at the time.\16\
---------------------------------------------------------------------------
\16\ Commenters to the Notice of Inquiry offered varying
opinions about whether technologies were capable of location-based
routing without delaying 911 calls. See, e.g., AT&T Notice of
Inquiry Reply at 11 (rec. June 28, 2018) (``Even the most promising
of location-based technologies . . . have limits.''); Motorola
Solutions, Inc. Notice of Inquiry Comments at 2 (rec. May 7, 2018)
(asserting that testing has confirmed that location-based wireless
routing is faster and more accurate than legacy wireless routing).
---------------------------------------------------------------------------
8. Location-Based Routing Public Notice. In June 2022, the
Commission released a Public Notice to refresh the record on location-
based routing developments since the Notice of Inquiry.\17\ Commenters
confirmed that continued reliance on legacy E911 routing methodology
results in a considerable number of wireless 911 voice call misroutes,
which imposes significant burdens on public safety. Public safety
commenters agreed that early location-based routing implementations by
CMRS providers had shown that the technology was now technologically
feasible. Several commenters noted that device-based hybrid (DBH)
location technologies \18\ were widely available on mobile devices and
could be used for routing a high percentage of wireless 911 voice
calls.
---------------------------------------------------------------------------
\17\ Federal Communications Commission Seeks to Refresh the
Record on Location-Based Routing for Wireless 911 Calls, PS Docket
No. 18-64, Public Notice, 37 FCC Rcd 7196, 7196 (2022) (Public
Notice).
\18\ Device-based hybrid (DBH) location is an estimation method
that typically utilizes either a selection or a combination of
location methods available to the handset in a given environment,
including crowd-sourced Wi-Fi, A-GNSS, and possibly other handset-
based sensors. Public Notice, 37 FCC Rcd at 7197-98 n.8 (citing
CSRIC V LBR Report at 16). It also includes an associated
uncertainty estimate reflective of the quality of the returned
location. Id.
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9. Location-Based Routing Notice of Proposed Rulemaking. On
December 22, 2022, the Commission adopted the notice of proposed
rulemaking in this proceeding, which proposed rules for CMRS and
covered text providers to implement location-based routing for wireless
911 voice calls and 911 texts \19\ nationwide, including wireless 911
voice calls and 911 text messages originating in legacy, transitional,
and NG911-capable public safety jurisdictions.\20\ The Commission
proposed to establish requirements with respect to the accuracy and
timeliness of location information CMRS and covered text providers
would use to comply with location-based routing requirements. In
particular, the Commission proposed to require CMRS providers and
covered text providers to use location-based routing for 911 calls and
texts when they have location information that meets the following
specifications for timeliness and accuracy: (i) the information must be
available to the provider network at the time the call or text is
routed, and (ii) the information must identify the caller's horizontal
location within a radius of 165 meters at a confidence level of at
least 90%.
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\19\ 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.'' 47 CFR 9.10(q)(9). The Commission's
text-to-911 rules are technology neutral and apply to both Short
Message Service (SMS) and real-time text (RTT). Transition from TTY
to Real-Time Text Technology; Petition for Rulemaking to Update the
Commission's Rules for Access to Support the Transition from TTY to
Real-Time Text Technology, and Petition for Waiver of Rules
Requiring Support of TTY Technology, CG Docket No. 16-145, GN Docket
No. 15-178, Report and Order, 31 FCC Rcd 13568, 13593, para. 45
n.181 (2016), 82 FR 7699 (January 23, 2017) (RTT Order). RTT
transition obligations only apply to a subset of covered text
providers: ``those entities that are involved in the provision of
IP-based wireless voice communication service, and only to the
extent that their services are subject to existing TTY technology
support requirements under Parts 6, 7, 14, 20, or 64 of the
Commission's rules.'' RTT Order, 31 FCC Rcd at 13576-77, para. 12.
\20\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15184-85,
para. 3. In the notice of proposed rulemaking, the Commission used
the term ``NG911-capable'' to refer to PSAPs or jurisdictions that
have implemented IP-based network and software components that are
capable of supporting the provision of NG911, including but not
limited to an Emergency Services internet Protocol Network (ESInet).
Id. at 15184, para. 3 n.5. NG911 relies on IP-based architecture
rather than the Public Switched Telephone Network (PSTN)-based
architecture of legacy 911 to provide an expanded array of emergency
communications services that encompasses both the core
functionalities of legacy E911 and additional functionalities that
take advantage of the enhanced capabilities of IP-based devices and
networks. Framework for Next Generation 911 Deployment, PS Docket
No. 10-255, Notice of Inquiry, 25 FCC Rcd 17869, 17877, para. 18
(2010), 76 FR 2297 (January 13, 2011). NG911 architecture also
provides for transitional network components to enable delivery of
legacy 911 calls to ESInets during the transition to full end-state
NG911. See id. at 17878, para. 20 (explaining that emergency calls
can be delivered to ESInets from legacy networks).
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10. The Commission also proposed that when location information
does not meet one or both of these requirements, CMRS providers and
covered text providers would be required to route 911 calls and texts
based on the best available location information, which could include
cell tower coordinates. In addition, to help ensure that public safety
jurisdictions transitioning to NG911 could realize the benefits of
location-based routing in an efficient and cost-effective manner, the
Commission proposed to require CMRS providers and covered text
providers to deliver wireless 911 voice calls, texts,
[[Page 18491]]
and location information for routing \21\ in IP format upon request of
911 authorities \22\ who have established the capability to accept
NG911-compatible IP-based 911 communications. At the time of the notice
of proposed rulemaking, AT&T, T-Mobile, and Verizon had stated publicly
in the record or elsewhere that they had deployed or planned to deploy
location-based routing to some extent on their networks for voice
calls.\23\ The Commission received twenty-six comments, fourteen
replies, and several ex parte filings.
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\21\ In NG911 architecture, device-based location information
embedded in IP-formatted 911 calls is first used by the provider to
route the call to an ESInet, and the ESInet operator then applies
NG911 network routing policies to the embedded information to route
the call to the appropriate PSAP. Notice of Proposed Rulemaking, 37
FCC Rcd at 15203, para. 53.
\22\ While the Commission has not specifically defined the term
``911 authorities'' in this proceeding, we use this term in this
document to generally mean ``[t]he state, territorial, regional,
Tribal, or local agency or entity with the authority and
responsibility under applicable law to designate the point(s) to
receive emergency calls.'' NG911 Notice of Proposed Rulemaking at
*21, para. 53 (proposing a definition of the term ``911 Authority''
that would define the term for purposes of Commission rules related
to the NG911 transition).
\23\ Press Release, T-Mobile USA, Inc. (T-Mobile), T-Mobile
First to Roll Out Cutting-Edge 911 Capabilities (Dec. 17, 2020),
https://www.t-mobile.com/news/network/tmobile-next-generation-911-location-based-routing (T-Mobile Dec. 17, 2020 Press Release); T-
Mobile Public Notice Reply at 2 & n.6 (rec. July 25, 2022) (T-Mobile
PN Reply); AT&T PN Comments at 4; CB Cotton, Verizon plans to update
911 routing technology after Denver's East Colfax neighborhood calls
for change, Denver7 (Aug. 5, 2022), https://www.denver7.com/news/local-news/verizon-plans-to-update-911-routing-technology-after-denvers-east-colfax-neighborhood-calls-for-change.
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11. Virtually all public safety commenters and some additional
commenters support Commission action to require CMRS providers to
implement location-based routing for wireless 911 voice calls. Multiple
public safety commenters and Intrado support the Commission's proposal
that CMRS providers implement location-based routing nationwide.
Commenters representing wireless interests urge the Commission to allow
CMRS providers to implement location-based routing voluntarily or on a
PSAP-by-PSAP basis, as opposed to a nationwide mandate. With respect to
text-to-911, numerous commenters support requiring covered text
providers to implement location-based routing, but some commenters
contend that such a requirement would be premature. Citing a lack of
technical standards for routing SMS texts to 911, NENA, ATIS, and
Southern Linc oppose requiring covered text providers to implement
location-based routing for SMS but suggest that the Commission should
require location-based routing for IP-based text solutions such as RTT.
12. In response to the Commission's proposed timeliness and
accuracy requirements for use of location-based routing, some
commenters express support for the proposed requirements,\24\ while
others oppose the proposed accuracy threshold and request flexibility
for providers to set their own thresholds. In response to the
Commission's proposed requirement for CMRS and covered text providers
to deliver 911 calls, texts, and associated routing information in IP
format upon request of 911 authorities who have established the
capability to accept such communications, multiple commenters ask the
Commission to address such proposals together with corresponding
proposed requirements for other types of originating service providers
in a separate proceeding.\25\
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\24\ APCO NPRM Comments at 2; Adams County et al. NPRM Comments
at 3; Boulder Regional Emergency Telephone Service Authority
(BRETSA) Notice of Proposed Rulemaking Reply at 6 (rec. Mar. 20,
2023) (BRETSA NPRM Reply); Intrado NPRM Comments at 5; see also AT&T
NPRM Comments at 4 (supporting a definition of ``device-based
location information'' that is tied to timeliness and accuracy
metrics ``that the Commission believes would represent a significant
improvement over cell-based routing methodologies'').
\25\ Letter from Christiaan Segura, Director, Regulatory
Affairs, CTIA--The Wireless Association (CTIA), to Marlene H.
Dortch, Secretary, FCC, PS Docket No. 18-64, at 2 (filed July 3,
2023) (CTIA July 3, 2023 Ex Parte); Intrado NPRM Comments at 2, 5-6;
Texas 9-1-1 Entities NPRM Comments at 5-6 n.21; NENA NPRM Reply at
4-5; Verizon Notice of Proposed Rulemaking Reply at 4-5 (rec. Mar.
20, 2023) (Verizon NPRM Reply) (recommending the Commission
``coupl[e] LBR with a framework for i3-based NG911
implementation''); see also Letter from Joely Denkinger, Regulatory
Counsel, Federal Affairs, GCI Communication Corp. (GCI), to Marlene
H. Dortch, Secretary, FCC, PS Docket Nos. 18-64, 21-479, at 1 (filed
July 17, 2023) (GCI July 17, 2023 Ex Parte).
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13. NG911 Notice of Proposed Rulemaking. In June 2023, the
Commission adopted a notice of proposed rulemaking in PS Docket No. 21-
479 to advance the nationwide transition to Next Generation 911 (NG911
Notice of Proposed Rulemaking). In the NG911 Notice of Proposed
Rulemaking, the Commission proposed to require wireline, interconnected
Voice over internet Protocol (VoIP), and internet-based
Telecommunications Relay Service (TRS) providers to complete all
translation and routing to deliver 911 calls, including associated
location information, in the requested IP-based format to an Emergency
Services IP network (ESInet) or other designated point(s) that allow
emergency calls to be answered, upon request of 911 authorities who
have certified the capability to accept IP-based 911 communications.
This proposal is similar to that proposed for CMRS and covered text
providers in the notice of proposed rulemaking in this proceeding.
14. Ongoing Location-Based Routing Deployment. As the Commission
noted in the notice of proposed rulemaking, several developments
indicate that location-based routing has become a viable methodology
for CMRS providers to route wireless 911 voice calls and texts. These
developments include studies on misroutes and location-based routing
technology and increased deployment of DBH location technologies on
consumer handsets.\26\ In 2019, ATIS published two studies on legacy
E911 misroutes and the feasibility of location-based routing.\27\ In
those studies, ATIS concluded that ``location-based routing is
technically feasible within the timing considerations recommended by
[Communications Security, Reliability, and Interoperability Council
(CSRIC)] V'' \28\ and evaluated where ``sub-optimal routing'' occurred
for a sample set of wireless emergency calls. ATIS has also issued two
standards that support location-based routing: ATIS-0700042 (Enhancing
Location-Based Routing of Emergency Calls) and ATIS-0700015 (ATIS
Standard for Implementation of 3GPP Common IMS Emergency Procedures for
IMS Origination and ESInet/Legacy Selective Router
[[Page 18492]]
Termination). The Competitive Carriers Association (CCA) states that in
these and other documents, ``ATIS has defined several architecture
options that carriers can use to provide location-based routing as well
as several call flow options from which carriers can choose to employ
to conduct location-based routing.'' \29\
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\26\ Press Release, CTIA, Wireless Industry Announces
Development in Improving 9-1-1 Location Accuracy (Sept. 5, 2018),
https://www.ctia.org/news/wireless-industry-announces-development-in-improving-9-1-1-location-accuracy; Letter from Paul Margie,
Counsel, Apple Inc., to Marlene H. Dortch, Secretary, FCC, PS Docket
No. 18-64 et al., at 2 (filed Sept. 24, 2019) (Apple Sept. 24, 2019
Ex Parte). Device-based hybrid (DBH) location is ``[a]n estimation
method that typically utilizes either a selection or a combination
of location methods available to the handset in a given
environment--including crowd-sourced Wireless Fidelity (Wi-Fi),
Assisted-Global Navigation Satellite System (A-GNSS), and possibly
other handset-based sensors.'' ATIS-0700042 at 2. ``It also includes
an associated uncertainty estimate reflective of the quality of the
returned location.'' Id.
\27\ ATIS-0700042; ATIS-0500039. ATIS observed that calls that
are ``sub-optimally routed'' tend to occur ``[a]long PSAP
boundaries,'' ``[i]n areas having a dense concentration of PSAPs,''
``[a]round major water features,'' and ``[a]long narrow strips of
jurisdictional territory.'' ATIS-0500039 at 12.
\28\ ATIS-0700042 at 22. CSRIC is a Federal advisory committee
subject to the requirements of the Federal Advisory Committee Act
(FACA), 5 U.S.C. App. 2, and charged with providing recommendations
to the Commission to ensure, among other things, the security and
reliability of communications systems. FCC, Communications Security,
Reliability, and Interoperability Council, https://www.fcc.gov/about-fcc/advisory-committees/communications-security-reliability-and-interoperability-council-0 (last visited Jan. 17, 2023).
\29\ CCA NPRM Comments at 7. CCA also states that ``3GPP has
also addressed how to implement location-based routing, and several
3GPP specifications relate to location services and emergency
calling.'' CCA NPRM Comments at 9. In particular, CCA identifies TS
23.167, entitled ``Technical Specification Group Services and System
Aspects; IP Multimedia Subsystem (IMS) emergency sessions,'' as
identifying ``architectural principles, location information
principles, a reference architecture, functional descriptions,
procedures for establishing an IMS emergency session, call flows,
and related information.'' Id. CCA also notes that other 3GPP
specifications, including TS 36.305--``Stage 2 functional
specification of User Equipment (UE) positioning in E-UTRAN'' and TS
38.305--``NG Radio Access Network (NG-RAN); Stage 2 functional
specification of User Equipment (UE) positioning in NG-RAN,''
provide additional pertinent information regarding the
implementation of location services data. Id. at 9-10.
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15. The three nationwide CMRS providers are continuing to deploy
location-based routing for wireless 911 voice calls on their networks.
AT&T completed the rollout of location-based routing on its network in
June 2022 and uses location-based routing to deliver wireless 911 voice
calls to nearly all PSAPs nationwide, regardless of whether such PSAPs
support legacy E911 or are transitioning to NG911.\30\ T-Mobile
launched location-based routing on its network in the states of Texas
and Washington in 2020 and as of December 2023 had deployed location-
based routing for wireless 911 voice calls to 1,591 PSAPs with an
additional 596 in progress.\31\ In December 2023, Verizon reported that
it had implemented location-based routing for wireless 911 voice calls
to 414 PSAPs with an additional 277 PSAPs in progress.
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\30\ AT&T PN Comments at 4; AT&T NPRM Comments at 1. AT&T notes
that a few PSAPs are using unique internal routing solutions and
that the company is working to ensure that its implementation of
location-based routing meets the needs of these PSAPs. AT&T PN
Comments at 4 n.3.
\31\ Letter from Eric Hagerson, Government Affairs Director,
Public Safety and Security, T-Mobile, to Marlene H. Dortch,
Secretary, FCC, PS Docket No. 18-64 at 1 (filed Dec. 21, 2023) (T-
Mobile Dec. 21, 2023 Ex Parte). T-Mobile reports that it only
deploys location-based routing in response to a PSAP's request. See,
e.g., T-Mobile Public Notice Comments at 1, 4-7 (rec. July 11, 2022)
(T-Mobile PN Comments); T-Mobile PN Reply at 2-4. For context, the
latest NENA data indicate that 5,748 PSAPs operate in the United
States. NENA, 9-1-1 Statistics, https://www.nena.org/page/911Statistics (last visited Jan. 17, 2024).
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16. For wireless 911 voice calls, AT&T, T-Mobile, and Verizon have,
to date, implemented their own different thresholds to determine
whether device location information arriving with the call is
sufficiently precise for routing. According to Intrado, AT&T's
location-based routing solution uses a threshold with a radius of 165
meters and 90% confidence, which has enabled AT&T to use location-based
routing for over 80% of all wireless 911 voice calls on its network. T-
Mobile reports that it has implemented ``a location estimate
uncertainty threshold for LBR currently set to 300 meters with a
confidence level of 90%,'' and reports that more than 95% of location
estimates available at call routing fall within these metrics.\32\
Verizon reports that it uses ``an accuracy threshold of 200 meters
maximum horizontal uncertainty with confidence of 90 percent.'' AT&T,
T-Mobile, and Verizon state that they default to legacy E911 routing
when device location information arriving with the call exceeds the
radius of the providers' respective thresholds.
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\32\ Letter from Kristine Laudadio Devine, Counsel to T-Mobile
USA, Inc., HWG LLP, to Marlene H. Dortch, Secretary, FCC, P.S.
Docket Nos. 18-64, 21-479, at 1 (filed July 26, 2023) (T-Mobile July
26, 2023 Ex Parte). For purposes of this document, we assume that
when commenters specify an uncertainty measurement for an
implementation of location-based routing, that they are referring to
the radius in meters from the reported position at the same
confidence level. This assumption is consistent with prior
Commission discussion of confidence and uncertainty data in the
Wireless Location Accuracy proceeding, i.e., that the uncertainty
statistical estimate is expressed as a radius in meters around the
reported position, and the confidence level is expressed as a
percentage, indicating the statistical probability that the caller
is within the area defined by the uncertainty. See, e.g., Wireless
E911 Location Accuracy Requirements, Fourth Report and Order, PS
Docket No. 07-114, 30 FCC Rcd 1259, 1326-27, para. 182 n.458 (2015),
80 FR 11806 (March 4, 2015).
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17. Text Messaging Platforms. Since 2014, all CMRS providers and
covered text providers have been required to support delivery of 911
texts to PSAPs that are capable of receiving them. While availability
of text-to-911 has increased significantly as more PSAPs become text-
capable, the number of 911 texts sent by the public is far smaller than
the number of wireless 911 voice calls.\33\ The Commission's text-to-
911 rules are technology neutral and apply to both SMS and RTT.
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\33\ In the Commission's 2023 annual 911 fee report, respondents
reported receiving a combined total of 824,609 texts to 911 in
comparison to 157,999,298 wireless 911 voice calls reported by
respondents in calendar year 2022. Fifteenth Annual 911 Fee Report
at 13-16, Table 3.
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18. SMS is the predominant mobile wireless messaging technology in
use for 911 texts today. SMS is not an IP-native format, though IP-
enabled networks can deliver SMS traffic. All three nationwide CMRS
providers report that they are using location-based routing for at
least some SMS texts to 911, but this implementation appears to be
distinct from and less extensive than the implementation of location-
based routing for 911 voice calls. According to Verizon, ``SMS still
uses call path, routing and device processing methods that are distinct
from VoLTE and RTT calls, with architecture configurations that still
resembles second- and third-generation networks in some respects.''
AT&T reports that it provides device-based hybrid location for ``the
majority of text messages'' but does not provide specifics.\34\ T-
Mobile reports that it is using location-based routing for at least
some text-to-911 messages.\35\ Verizon indicates that it ``has worked
with its wireless 911 vendor Comtech to incorporate LBR in Comtech's
centralized text control center (TCC) in a manner that supports LBR for
911 text messages nationwide.'' \36\ Moreover, while the nationwide
providers appear to be capable of using location-based routing for some
SMS texts, NENA and other commenters indicate that standards have not
been developed for location-based routing of SMS and that further work
on standards is needed.
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\34\ AT&T PN Comments at 5. AT&T explains that ``[w]hen the SMS
message arrives at the TCC, [the TCC] queries [AT&T's] wireless
network for commercial location estimates to deliver the text
message to the appropriate PSAP.'' Id.
\35\ T-Mobile July 26, 2023 Ex Parte at 3. T-Mobile explains
that texts to 911 are routed from T-Mobile's network to its TCC
vendor and, ``whenever possible,'' T-Mobile includes device-based
hybrid location information with those texts. Id.
\36\ Verizon Dec. 7, 2023 Ex Parte at 1. Verizon states that its
location-based routing implementation will support location-based
routing for RTT. Verizon NPRM Comments at 5.
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19. RTT, unlike SMS, is a native IP technology, in which each text
character appears on the receiving device at roughly the same time it
is typed on the sending device, allowing for a conversational flow of
communication. RTT also allows text characters to be sent
simultaneously with voice, which allows the PSAP to both see the typed
message and hear background noises and potentially the voice of the
caller. The Commission's rules require that CMRS providers choosing to
implement RTT to and from any PSAP served by their network in lieu of
text telephone (TTY) technology must do so in a manner that fully
complies with all applicable 911 rules.\37\ The Commission also
requires CMRS providers who choose to support RTT to make RTT backward-
compatible with TTY devices. This enables PSAPs without end-to-end RTT
capability to use their existing TTY
[[Page 18493]]
terminals to handle RTT 911 communications.\38\
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\37\ RTT Order, 31 FCC Rcd at 13591-92, para. 43. This includes
the requirement to deliver RTT communications within six months to
PSAPs that submit a valid request. Id. at 13592-93, para. 45 &
n.181.
\38\ RTT Order, 31 FCC Rcd at 13590, para. 39. Currently, RTT
communications to 911 that are received at many PSAPs are converted
to TTY. Letter from AnnMarie Killian, Chief Executive Officer,
TDIforAccess, Inc., and Mark Seeger, Policy Coordinator,
TDIforAccess, Inc., to Marlene H. Dortch, Secretary, FCC, PS Docket
No. 18-64, at 2 (filed Aug. 31, 2023).
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20. While SMS is used more frequently than RTT for messaging to
911, CMRS providers are beginning to partner with some PSAPs to
implement end-to-end RTT capabilities. T-Mobile reports that it is
currently operating NG911 RTT technology at a PSAP in Hood County,
Texas. Verizon indicates that it now supports RTT for 911 in Livingston
Parish, Louisiana, and Logan County, West Virginia. The record does not
indicate the degree to which CMRS providers have implemented location-
based routing for RTT communications to 911, but the providers and
other industry commenters state that location-based routing for RTT
communications to 911 is feasible.\39\
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\39\ Verizon NPRM Comments at 5 (``Verizon's planned LBR
implementation for VoLTE will support real-time-text (RTT) 911
calls.''); see also ATIS NPRM Comments at 3 (urging the Commission
``to clarify that only providers of such next generation text
solutions [as defined in ATIS and NENA standards] are required to
use LBR'').
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A. Location-Based Routing
1. Wireless 911 Voice Calls
21. We adopt requirements for nationwide and non-nationwide CMRS
providers to implement location-based routing as proposed in the notice
of proposed rulemaking for voice calls, with certain modifications.
Specifically, we require all CMRS providers to (1) deploy technology
that supports location-based routing on their IP-based networks (i.e.,
4G LTE, 5G, and subsequent generations of IP-based networks), and (2)
use location-based routing to route all wireless 911 voice calls
originating on their IP-based networks when location information meets
certain requirements for accuracy and timeliness. We note that nothing
in this decision, including the definition of ``location-based
routing'' and other rules we adopt, authorizes the use of any non-U.S.
satellite system in conjunction with the 911 system. CMRS providers
seeking to employ foreign satellite navigation systems for 911 should
follow the existing approval process.
22. We require nationwide CMRS providers to comply with these
location-based routing requirements for voice calls within six months
after the effective date of the final rules. We require non-nationwide
CMRS providers to comply with these location-based routing requirements
for voice calls within 24 months after the effective date of the final
rules in recognition of resource constraints faced by these providers.
As discussed below, we adopt these requirements in light of record
support that location-based routing for wireless 911 voice calls
promotes public safety, is technologically feasible at reasonable cost
for both nationwide and non-nationwide CMRS providers, and has been
deployed by the three nationwide CMRS providers. We find that these
requirements are necessary to extend the demonstrated, life-saving
benefits of location-based routing to all wireless 911 callers
nationwide.
a. Nationwide and Network-Wide Implementation
23. We require all CMRS providers to deploy location-based routing
technologies for voice calls across their IP-based networks. In the
notice of proposed rulemaking, the Commission sought comment on whether
CMRS providers should be required to use location-based routing to
deliver 911 calls to all PSAPs served by their networks, or whether the
requirement should be triggered by PSAP request or limited to certain
categories of PSAPs. We find that requiring CMRS providers to implement
this technology across their IP network areas is necessary to ensure
that wireless 911 callers receive the demonstrated benefits of improved
routing, regardless of the caller's geographic location or CMRS
provider.
24. We find that nationwide implementation of location-based
routing will reduce 911 call transfers and improve wireless 911
service. As wireless 911 voice calls account for the vast majority of
communications to 911, we consider it to be particularly important that
these calls are routed to the appropriate PSAP.\40\ CMRS providers'
voluntary deployments of location-based routing have resulted in
important and evident improvements to 911 wireless voice call routing.
The record indicates that ongoing deployments of location-based routing
have significantly reduced the occurrence of transferred wireless 911
voice calls.\41\ AT&T estimates that, as a result of its nationwide
implementation, 10% of all wireless 911 voice calls on its network
received a more optimal route and therefore did not need to be
transferred. The National Association of State 911 Administrators
(NASNA) states that uniform implementation of location-based routing
has the potential to route 911 calls to the right PSAP faster than
traditional cell sector-based routing in many cases and, in an
emergency, ``seconds can mean the difference between life and death.''
Public safety commenters emphasize, and we agree, that increasing the
implementation of location-based routing will reduce delays and save
lives.\42\ We find that it is in the public interest that the benefits
of location-based routing should extend to all wireless 911 callers,
regardless of the CMRS provider or jurisdiction from which the call is
made.
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\40\ In the Commission's 2023 annual 911 fee report, respondents
reported receiving a combined total of 157,999,298 wireless 911
voice calls in calendar year 2022 out of a total call volume of
217,654,456 from wireless wireline, VoIP, and other providers.
Fifteenth Annual 911 Fee Report at 13-16, Table 3.
\41\ AT&T NPRM Comments at 2; Texas 9-1-1 Entities Public Notice
Comments at 2-4 (rec. July 11, 2022) (Texas 9-1-1 Entities PN
Comments) (showing that average percentage of 911 call transfers for
two out of three PSAPs in initial beta sites decreased by roughly 4-
5% after T-Mobile implemented location-based routing; the remaining
PSAP showed a slight increase in transfers of less than 1%); T-
Mobile, T-Mobile First to Roll Out Cutting-Edge 911 Capabilities
(Dec. 17, 2020), https://www.tmobile.com/news/network/tmobile-next-generation-911-location-based-routing (announcing that some areas
where T-Mobile implemented location-based routing have experienced
up to 40% fewer call transfers).
\42\ BRETSA NPRM Comments at 9 (``By eliminating delay in
delivery of a 9-1-1 call to the correct PSAP, LBR can improve
outcomes.''); BRETSA NPRM Reply at 4 (``LBR reduces delay in
processing and dispatching 9-1-1 calls even where 9-1-1 [m]isroutes
do not occur.''); Industry Council for Emergency Response
Technologies, Inc. (iCERT) NPRM Comments at 2 (``The improved
location and routing methodology made available with LBR will reduce
the potential for 911 voice calls and texts to be directed to Public
Safety Answering Points (PSAPs) that are not the ones best able to
provide timely and effective response. As a result, the use of LBR
technologies should eliminate the delays associated with 911 call
transfers, improve emergency response times, and save lives.'');
Intrado NPRM Comments at 2 (``Requiring LBR for all CMRS and text
providers will ensure the availability of this life saving location
technology for all 911 callers while increasing the efficiency of
Public Safety Answering Points (PSAPs) by eliminating the time and
effort to execute call transfers.''); Defense Information Systems
Agency (DISA) NPRM Comments at 2 (``The vast majority of 911 calls
from wireless devices destined for DoD PSAPs are currently being
misrouted. DoD bases would immediately benefit from the reduction in
call delivery time has a direct and immediate impact on emergency
incident response.''); APCO NPRM Comments at 1 (noting that
location-based routing has saved valuable time for PSAPs and
callers). In addition, AT&T notes that Kurt Mills, the Executive
Director of Snohomish County (Washington) 911, has described
location-based routing as a ``game changer'' that caused the County
to experience a ``significant decrease in 9-1-1 transfers.'' AT&T
NPRM Comments at 1-2.
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25. Further, the public safety community strongly supports
requiring CMRS providers to deploy location-based routing on a
nationwide basis. Several public safety organizations urge the
Commission to require CMRS providers to implement location-based
[[Page 18494]]
routing. Other public safety commenters and Intrado also support a
nationwide location-based routing requirement.\43\ The record indicates
that the nationwide CMRS providers have implemented location-based
routing without increased costs or problems for public safety.\44\ In
particular, no commenter indicates that AT&T's nationwide
implementation of location-based routing, completed to ``virtually
all'' PSAPs in June 2022, has caused additional cost or other problems
for public safety.\45\ Given the success of nationwide CMRS providers
in voluntarily implementing location-based routing on their IP-based
networks, and in particular the success of AT&T's nationwide
implementation, we agree with Boulder Regional Emergency Telephone
Service Authority (BRETSA), which states that requiring wireless
service providers to implement location-based routing at the earliest
possible moment is ``a no-brainer.'' \46\
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\43\ See, e.g., APCO NPRM Comments at 2 (stating that
``location-based routing should be required of wireless carriers
nationwide''); DISA NPRM Comments at 2 (``CMRS providers should use
LBR to deliver 911 calls to all PSAPs served by their networks.''
(emphasis in original)); Adams County et al. NPRM Comments at 2
(``The Commission should require location-based routing on a
nationwide basis.''); Loudoun County NPRM Comments at 3 (``Loudoun
strongly supports the proposed rules requiring wireless carriers and
covered text providers to implement all available technology options
for location-based routing of 911 calls and texts nationwide using
the device-based location.''); BRETSA NPRM Comments at 10 (``There
is no question but that the Commission should require all CMRS
providers to implement LBR for wireless voice calls and text
messages as soon as possible.''); Intrado NPRM Comments at 1
(``Intrado strongly supports the Commission's proposed requirement
for nationwide implementation of location-based routing (LBR) of
wireless 911 calls and texts.'').
\44\ Adams County et al. NPRM Comments at 2 (stating that the
commenting entities ``have not experienced increased costs, adverse
impacts, or significant issues with the implementation of location-
based routing''); Colorado Council of Authorities (CCOA) NPRM Reply
at 3 (stating that ``deployments [of LBR for at least six Colorado
911 authorities] were successful and without significant issue or
additional expense'').
\45\ We note that AT&T indicated in July of last year that it
had ``very few exceptions'' to its nationwide rollout, and indicated
that ``a few PSAPs are using unique applications of Emergency
Services Numbers to implement internal routing solutions. . . and
that [the company was] working with these PSAPs to ensure [its]
location-based routing solution meets their unique needs.'' AT&T PN
Comments at 4, n.3. T-Mobile also notes that it is aware of ``at
least one instance'' in which ``an emergency calling authority
requested that another 911 vendor indefinitely suspend using LBR for
911 calls to its PSAPs because the vendor's LBR implementation
resulted in a greater number of 911 calls that required transfer to
another PSAP.'' T-Mobile NPRM Comments at 5. T-Mobile did not
provide additional details on this occurrence, including when it
occurred or whether or not the issue was resolved.
\46\ BRETSA NPRM Comments at 3 (internal quotations omitted).
Joseph Lyons, Dispatch Supervisor for the City of Poughkeepsie 911
Communications Center, also states that location-based routing is a
``no brainer.'' Joseph Lyons NPRM Comments at 1.
---------------------------------------------------------------------------
26. We also find that requiring location-based routing to all PSAPs
nationwide supports the Commission's goal to promote parity of wireless
911 service across jurisdictions. NASNA states, and we agree, that
``[a]ttempting to create areas of exclusive enhanced location accuracy
fosters deployment of disparate levels of service; all those who call
or text 911 should benefit from LBR.'' NENA points out, and we agree,
that ``[i]t would be inequitable to restrict the life-saving benefits
of location-based routing only to residents of and visitors to the
United States with the good fortune of having an emergency in a
convenient location.'' Commenters also urge the Commission not to limit
deployment of this technology to jurisdictions subject to frequent
misroutes or to jurisdictions that have deployed NG911 capabilities.
Intrado comments that even in low misroute areas, the implementation of
location-based routing will result in a significant reduction in
misroutes compared to relying exclusively on tower-based routing.\47\
Public safety commenters also note that implementation of location-
based routing on a nationwide basis will provide technological
consistency for PSAPs, which will help them provide better service, and
that technological consistency between CMRS providers is important for
managing the expectations of 911 callers.\48\
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\47\ Intrado NPRM Comments at 3, n.6. See also Colorado Public
Utilities Commission (COPUC) NPRM Comments at 5-6 (``The
implementation of location-based routing on all cell tower sectors
is the best way to ensure that instances of misrouted calls are
minimized to the greatest extent possible.'').
\48\ Michigan State 911 NPRM Comments at 1 (``[H]aving some
[CMRS providers] provide LBR while others do not, creates an
expectation for callers that all wireless calls provide this
information to 911 centers, and that 911 centers will be able to
locate them when they are experiencing an emergency.'').
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27. Wireless industry commenters oppose a mandatory nationwide
approach,\49\ arguing instead that CMRS providers should implement
location-based routing voluntarily or only in response to individual
PSAP requests.\50\ These commenters argue that CMRS providers should
only be required to use location-based routing for 911 calls to a
particular PSAP after receiving a valid request from that PSAP. In
addition, they argue that for a PSAP request to be deemed valid, the
PSAP should be required to demonstrate that it is ``technically ready''
\51\ to receive calls routed using location-based routing and to
provide shapefiles of PSAP boundaries to CMRS providers.\52\ As
explained below, we find that the concerns of industry commenters are
unsupported in the record, contradict the stated preferences of public
safety for a nationwide approach to deployment, and would unnecessarily
delay the benefits of location-based routing to the public.
---------------------------------------------------------------------------
\49\ See, e.g., T-Mobile NPRM Comments at 3 (``T-Mobile cautions
the Commission from adopting rules that require wireless carriers to
do nothing more than turn on location-based routing regardless of
PSAP preference.''); Verizon NPRM Comments at 2 (``[I]nstead of a
blanket flash-cut nationwide implementation deadline, implementation
should be based on PSAP requests. . . .''); CTIA NPRM Comments at 4
(``[A]ny obligation for a provider to commence use of LBR to route
wireless 9-1-1 voice calls to a PSAP should only be triggered by a
`valid request' from a state or local 9-1-1 authority.''). One
public safety commenter, the Colorado Council of Authorities (CCOA),
also ``gives deference to the comments of T-Mobile, Verizon, and
CTIA that deployment of LBR for wireless 911 voice calls should be
initiated by a valid request from a PSAP or governing 911
authority.'' CCOA NPRM Reply at 1 (footnote omitted).
\50\ Verizon NPRM Comments at 2; T-Mobile NPRM Comments at 3;
iCert NPRM Comments at 2; RWA NPRM Comments at 4; Southern Linc NPRM
Reply at 4; see also AT&T NPRM Comments at 3 (arguing for either a
per-PSAP approach or ``a process under which a PSAP could signal
that it requires more time to achieve readiness, and that PSAP would
be carved out from the six-month requirement.'').
\51\ CTIA NPRM Comments at 4 (stating that ``[t]o make a valid
request, a PSAP should be technically ready to receive 9-1-1 calls
routed using LBR''); CCA Notice of Proposed Rulemaking Reply at 6
(rec. Mar. 20, 2023) (CCA NPRM Reply); RWA NPRM Comments at 3.
\52\ T-Mobile NPRM Comments at 7 (stating that a valid request
must be conditioned on ``the provision of accurate shapefiles--and
the maintenance and update of those shapefiles'').
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28. Per-PSAP Implementation. We decline to adopt a per-PSAP
deployment approach. Contrary to the assertion of industry commenters,
the record does not demonstrate that individual PSAPs must take
specific technical steps in order to be ready to receive wireless 911
calls routed using location-based routing. The generation of location-
based routing information as contemplated in this proceeding occurs
entirely within CMRS provider networks prior to call delivery to the
PSAP,\53\ and therefore there are no specific actions that PSAPs need
to take to be technically ready to receive wireless 911 calls routed by
device-based rather than tower-based location. As the Colorado Public
Utilities Commission (COPUC) states, ``Because LBR is performed before
the call is even delivered to the 9-1-1 system service provider for
delivery to the PSAP, there
[[Page 18495]]
is no additional preparation that must be made by the PSAP in order for
carrier-provided LBR to be of benefit.''
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\53\ As Intrado notes, CMRS providers must implement a
geospatial routing-capable Gateway Mobile Location Center (GMLC) in
order to enable their networks to support location-based routing.
Intrado NPRM Comments at 3.
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29. AT&T's completed rollout of location-based routing on its
nationwide network provides additional evidence that location-based
routing can be successfully deployed without requiring PSAPs to
demonstrate technical readiness. AT&T deployed location-based routing
in 2022 on a region-by-region basis and completed its nationwide
rollout in less than six months.\54\ Moreover, although AT&T supports
the Commission adopting a per-PSAP approach in which each PSAP would
have to request location-based routing, it is notable that AT&T did not
use this approach in its own rollout. Instead, AT&T deployed location-
based routing to ``virtually all PSAPs'' in the U.S. without soliciting
PSAP-by-PSAP requests or requiring each PSAP to demonstrate technical
readiness. Thus, it does not appear that these are necessary
prerequisite steps before CMRS providers implement location-based
routing nationwide on their networks.
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\54\ AT&T Comments at 3. In a news release announcing AT&T's
rollout of location-based routing, AT&T stated ``The nationwide
rollout has started and is available in Alaska, Colorado, Hawaii,
Idaho, Montana, Oregon, Washington, Wyoming, Kansas, Illinois, Iowa,
Minnesota, North Dakota, Missouri, Nebraska, South Dakota and Guam.
Additional regions will be rolled out over the next several weeks.
The nationwide rollout is scheduled to be completed by the end of
June.'' Press Release, AT&T, AT&T Launches First-Ever Nationwide
Location-Based Routing with Intrado to Improve Public Safety
Response for Wireless 9-1-1 Calls (May 10, 2022), at https://about.att.com/story/2022/nationwide-location-based-routing.html.
---------------------------------------------------------------------------
30. We also do not agree with commenters' assertions that PSAPs are
not ready from an operational perspective to manage changes in call
distribution or volume resulting from the implementation of location-
based routing on a nationwide basis. T-Mobile asserts that ``[m]any
emergency authorities want to understand the impact LBR will have on
operations, call volume, and workflows before deploying it; they often
also want the ability to implement reporting and tracking of call
transfers prior to enabling LBR in order to understand and see the
effects of the new 911 routing.'' \55\ T-Mobile cites its initial
implementation of location-based-routing in Minnesota and Texas,\56\
where T-Mobile states that 911 authorities required First Office
Applications (FOAs) before expanding deployment to more PSAPs. However,
T-Mobile's initial deployments in those areas occurred at a time when
no other carrier had deployed location-based routing for 911 anywhere
in the U.S., which could reasonably lead the first PSAPs receiving
location-based routed calls to take a cautious approach. Since then,
AT&T has implemented location-based routing nationwide to thousands of
PSAPs with no reported adverse operational impacts. To the contrary,
the record indicates that PSAPs have reaped operational benefits from
implementation of location-based routing in the form of reduced
misroutes and call transfers.
---------------------------------------------------------------------------
\55\ T-Mobile NPRM Comments at 5 (emphasis omitted).
\56\ See Metropolitan Emergency Services Board, Metropolitan
Emergency Services Board 9-1-1 Technical Operations Committee July
15, 2021 Draft Meeting Minutes at 7, https://mn-mesb.org/wp-content/uploads/July-TOC-Meeting-Packet-070921.pdf (indicating that at the
time of deployment in select counties in Minnesota, no other
carriers had deployed or announced future deployment of location-
based routing); Metropolitan Emergency Services Board, Metropolitan
Emergency Services Board 9-1-1 Technical Operations Committee Agenda
at 25 (Jan. 21, 2021), https://mn-mesb.org/wp-content/uploads/January-Meeting-911-TOC-Packet-012121.pdf (including a presentation
from T-Mobile to Greater Harris County, Texas, indicating that
``[t]oday, T-Mobile is the only wireless carrier positioned to route
911 calls based on caller location, rather that [sic] cell
sector'').
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31. CMRS providers' assertions about potential adverse operational
impacts to PSAPs are also contradicted by virtually all statements of
public safety commenters on the record. Despite industry commenters'
preference,\57\ the vast majority of public safety commenters support a
rapid nationwide rollout of location-based routing and specifically
oppose the per-PSAP approach advocated by CMRS providers. Only one
public safety commenter, the Colorado Council of Authorities, Inc.
(CCOA), supports the per-PSAP approach in order to ensure
``collaboration'' between PSAPs and service providers. We agree that
such collaboration is important to the successful implementation of
location-based routing, and we encourage PSAPs and 911 authorities to
collaborate during the implementation period established. However, this
does not require establishing a process in which every PSAP must
affirmatively opt in to location-based routing. In fact, such a process
would be far more cumbersome than a uniform nationwide implementation
timetable and could lead to fragmented and inconsistent deployment. We
agree with APCO that given the immediate feasibility of nationwide
implementation, substantial voluntary deployment that has already
occurred, and the clear public safety benefits of location-based
routing, deployment and use of location-based routing should not be
optional or conditional.
---------------------------------------------------------------------------
\57\ T-Mobile NPRM Comments at 5; see also iCERT NPRM Comments
at 2 (arguing for a per-PSAP approach as location-based routing
``may impact a PSAP's operations'').
---------------------------------------------------------------------------
32. We are also not persuaded by commenters who compare
implementation of location-based routing to past implementation of the
Commission's E911 Phase I and Phase II location requirements \58\ or
text-to-911,\59\ which were predicated on individual PSAPs achieving
the technical capability to receive E911 location data and 911 texts,
respectively.\60\ For location-based routing, there is no similar
reason to predicate CMRS provider compliance on PSAP technical
capability, because AT&T's rollout demonstrates that PSAPs do not need
to have any specific technical capabilities in place to receive calls
routed using location-based routing. Accordingly, we agree with COPUC
that ``[t]here is no compelling reason to require PSAPs to opt in to
this service or to predicate the use of location-based routing
methodology on any sort of `readiness' of the PSAP.'' Implementing
location-based routing on a per-PSAP basis could lead to uneven and
inconsistent implementation of routing approaches between jurisdictions
and result in a risk of wireless 911 misroutes for jurisdictions that
do not request location-based routing service. We find that this would
be contrary to the public interest and the Commission's interest in
facilitating improved routing of wireless 911 voice calls.
---------------------------------------------------------------------------
\58\ T-Mobile NPRM Comments at 4; CCOA NPRM Reply Comments at 1-
2; see also 47 CFR 9.10(d)(1), (f), (g), (m).
\59\ T-Mobile NPRM Comments at 4; CTIA NPRM Comments at 4; see
also 47 CFR 9.10(q)(10)(ii) and (iii).
\60\ To receive texts, PSAPs must either upgrade their equipment
to receive text messages or implement text-to-911 capabilities on
existing equipment. T911 Second Report and Order, 29 FCC Rcd at
9861, para. 32, 79 FR 55367 (September 16, 2014). To receive Phase I
location information, PSAPs must use switches, protocols, and
signaling systems that will allow them to obtain the calling party's
number from the transmission of ANI. Revision of the Commission's
Rules to Ensure Compatibility with Enhanced 911 Emergency Calling
Systems, CC Docket No. 94-102, RM-8143, Report and Order, 11 FCC Rcd
18676, 18709, para. 63 n.119 (1996), 61 FR 40348 (August 2, 1996).
To receive Phase II location information, PSAPs must ``install
equipment to determine the geographic coordinates of the caller,
transfer that information through the telephone networks, and have a
mapping system in place at the PSAP that can display the latitude
and longitude coordinates of the caller as a map location for
dispatching assistance.'' General Accounting Office, Uneven
Implementation of Wireless Enhanced 911 Raises Prospect of Piecemeal
Availability for Years to Come, GAO-04-55, at 9 (Nov. 2003), https://www.gao.gov/assets/gao-04-55.pdf.
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33. Voluntary Implementation. We also decline to permit CMRS
providers to deploy location-based routing on a
[[Page 18496]]
purely voluntary basis. Wireless entities supporting voluntary
implementation argue that flexibility in implementation is needed to
account for differences in providers' networks and devices and to allow
technologies to continue to evolve.\61\ However, public safety
commenters note that permitting CMRS providers to deploy location-based
routing on a purely voluntary basis would require additional and
unnecessary coordination and would only delay the implementation of
location-based routing as a general matter. The record confirms the
Commission's reasoning in the notice of proposed rulemaking that
relying on voluntary implementation would ``result in inconsistent
routing of calls to PSAPs and a higher risk of 911 misroutes for
subscribers on CMRS networks that did not support location-based
routing.'' Thus, we find that allowing CMRS providers to implement
location-based routing on a voluntary basis would undermine our goal of
ensuring that this important capability benefits all wireless 911
callers nationwide.
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\61\ CTIA NPRM Reply at 3 (urging the Commission to provide
flexibility for wireless providers to implement location-based
routing in the manner that meets their ``unique network and handset
configurations'' and is coordinated with public safety); see also
CCA NPRM Reply at 1-2.
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b. Technical Considerations
34. Technological Feasibility. We find that implementing location-
based routing for wireless 911 voice calls is technologically feasible
for nationwide and non-nationwide CMRS providers. The three nationwide
CMRS providers have implemented location-based routing for wireless 911
voice calls across or for some part of their networks. CCA, an industry
association with membership including non-nationwide CMRS providers,
states that ``wireless carriers can eventually deploy location-based
routing to any PSAP'' if provided with adequate time and financial
support. iCERT agrees that location-based routing is technologically
feasible. NGA 911 also offers support for this conclusion, stating that
both Google's Emergency Location Service (ELS) and Apple's Hybridized
Emergency Location (HELO) provide a device location estimate, and these
mobile operating systems comprise 99.62% of the handset market. NENA
states that AT&T's nationwide deployment of location-based routing
demonstrates that ``transitional location-based routing mechanisms are
technically feasible and improve 9-1-1 outcomes, and are in use
today.'' No commenter argues that implementing location-based routing
on CMRS provider networks is technologically infeasible.
35. Calls originating on IP-based networks. In light of the
technical obstacles and ongoing retirement of legacy networks, we apply
our location-based routing requirements to IP-based networks but we
decline to require location-based routing for 911 calls originating on
circuit-switched, time-division multiplex (TDM) networks. This is
consistent with the Commission's proposal in the notice of proposed
rulemaking and is supported by commenters. For example, the Rural
Wireless Association (RWA) agrees that requiring location-based routing
for 911 calls originating on TDM networks would be unduly burdensome.
CCA asserts that ``TDM networks can lack the speed and capacity
necessary to transmit and evaluate confidence and uncertainty
information and query the location server for PSAP routing instructions
prior to the time for a call to commence.'' ATIS assumes for purposes
of ATIS-0700042 that location-based routing is only supported on
originating networks supporting Long Term Evolution (LTE) and
beyond.\62\
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\62\ ATIS-0700042 at 6. CCA argues that limiting location-based
routing to IP-based wireless networks provides ``an important
increment of regulatory relief'' but notes that this relief is
limited because many non-nationwide carriers have already retired
non IP-based technology. CCA NPRM Comments at 12. CCA also asserts
that limiting location-based routing to IP networks does not reduce
costs burdens on the wireless sector. Id. at 12-13. Nonetheless, we
find that this provision will ease burdens for CMRS providers that
have not yet transitioned to IP-based networks.
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36. PSAP Boundary Maps. Some commenters contend that location-based
routing requirements should be conditioned on 911 authorities providing
updated maps or shapefiles of PSAP boundaries to CMRS providers. We
conclude that such a condition is unnecessary. We recognize that
accurately mapping PSAP jurisdictional boundaries is important to the
accurate routing of 911 calls. However, the record demonstrates that
CMRS providers and the third-party vendors they use to route 911 calls
already have maps and shapefile records of PSAP boundaries generated to
support earlier E911 deployments and upgrades,\63\ and that ``numerous
companies'' maintain PSAP boundary shapefile information to support
CMRS 911 call routing. CMRS providers have long used this information
to support legacy tower-based routing of 911 voice calls.\64\ Moreover,
the Commission has never conditioned the 911 routing obligations of
CMRS providers on PSAPs or 911 authorities providing mapping data. As
NASNA explains, legacy and E911 routing ``relies on tabular location
databases that are updated by the originating service provider,'' and
911 authorities may support the maintenance and quality assurance of
these databases, but ``there are no rules addressing how frequently
this data must be updated, nor is there transparency when data updates
are operationalized.''
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\63\ See Verizon July 13, 2023 Ex Parte at 1 (``If Verizon has a
[s]hapefile of the PSAP's boundaries due to earlier E911 deployments
or upgrades, the PSAP may be able to simply confirm that the earlier
document remains accurate.''); GCI Aug. 7, 2023 Ex Parte at 5
(``GCI's network serves geographic areas where the boundaries
between PSAP service areas are sparsely populated or unpopulated, in
general. Therefore, the existing shapefiles could likely be used to
route calls using more precise on-device location as well.'').
\64\ See NASNA NPRM Comments at 4 (``Legacy and enhanced 911
relies on tabular location databases that are updated by the
originating service providers (OSPs), and maintained by the 911
service provider to act as the authoritative source of location
information used to validate the location of the 911 caller.'').
---------------------------------------------------------------------------
37. The record indicates that CMRS providers and their vendors can
use existing PSAP boundary information to support location-based
routing to the same extent that such information has supported tower-
based routing. The purpose of this information is to associate a
specified location--whether it is the caller's location or the tower
location--with the jurisdiction served by a particular PSAP, and CMRS
providers are already using this information to support their
implementation of location-based routing. If PSAP boundary maps are not
updated to reflect current jurisdictional boundaries, it is possible
that some calls originated near those boundaries could be misrouted
even when location-based routing is used. However, the overall
frequency of misroutes is still likely to be lower than with tower-
based location because tower-based location routes all calls in a cell
sector to the same PSAP regardless of the jurisdiction where the caller
is located. For example, GCI states that ``existing shapefiles could
likely be used to route calls using more precise on-device location''
information on its network, although the importance of updated maps may
be affected in some locations by factors such as population density
near the PSAP boundary area, the number of PSAPs served, and the
density of cell sites. BRETSA comments that the record does not
indicate whether the provider of the PSAP boundary maps AT&T is relying
on ``could and would also provide them to non-national providers and on
what terms.'' As noted above, we conclude
[[Page 18497]]
that it is not necessary for AT&T's provider of PSAP boundary maps to
provide them to other CMRS providers, who should be able to use their
existing sources of boundary maps.
38. While we do not require PSAPs to provide updated shapefiles as
a prerequisite to location-based routing, we recognize that location-
based routing is most effective when service providers use up-to-date
shapefiles that precisely and accurately identify jurisdictional
boundaries for routing purposes. In addition, we recognize that 911
authorities and PSAPs are the most authoritative source for current
jurisdictional boundary information. Therefore, we encourage CMRS
providers and their third-party vendors to work with 911 authorities
and PSAPs to ensure that location-based routing decisions on CMRS
provider networks are based on shapefiles that accurately reflect
current boundaries. NENA suggests establishment of an ``authoritative
database for PSAP boundary information'' and states that with
sufficient funding and appropriate governance, this tool could be
expanded to serve as the industry's authoritative reference for
location-based routing purposes. We encourage 911 authorities, relevant
industry groups, and CMRS providers to consider further whether such a
database is needed, what steps to take, and what parties should take
them.
39. NG911 Geospatial Routing. NASNA and the Texas 9-1-1 Entities
suggest that as jurisdictions transition to NG911, location-based
routing by CMRS providers may not be necessary and could cause delay in
call routing by NG911-capable jurisdictions that will use ESInets and
geospatial routing to route calls to individual PSAPs.\65\ While these
parties are correct that NG911 will introduce new geospatial routing
mechanisms, this does not obviate the need for the location-based
routing requirements we adopt, nor will these requirements impede NG911
call routing.
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\65\ NASNA NPRM Comments at 11 (``By definition, LBR will
introduce delay into the delivery of the 911 call or text to NG911
that is no longer needed with a fully functional NG911 system that
is using geospatial routing.''); Texas 9-1-1 Entities NPRM Comments
at 4 (noting that the NG911 transition in some areas ``may
potentially make it unnecessary for some CMRS providers to make LBR
modifications to their existing legacy 9-1-1 solutions, at least in
those areas'').
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40. First, while many states have already made significant
commitments to implementing NG911, the NG911 transition remains
ongoing, and there are no fully enabled NG911 systems yet operating. As
COPUC notes, ``most 911 call delivery networks do not have the ability
to provide geospatial routing at this time and it is unknown when such
technology will be universally deployed. Requiring CMRS providers to
deploy LBR in the meantime is essential . . . .'' \66\ We agree.
---------------------------------------------------------------------------
\66\ NASNA NPRM Comments at 6 (``For localities that have
deployed any form of NG911 this unrestricted access to 911 call
routing data is mission critical. . . .'').
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41. Second, the provision of location-based routing information by
CMRS providers will remain essential in the NG911 environment because
NG911 systems will need this information to perform the additional
geospatial routing functions necessary to direct 911 calls to the
correct PSAP behind the ESInet.\67\ APCO notes that ``[w]ireless
service providers perform routing functions before passing a 9-1-1 call
or text to a 9-1-1 network--regardless of whether the 9-1-1 network is
legacy or IP-based--and even if such networks are able to perform an
additional routing function, carriers should remain responsible for
first engaging in location-based routing.'' BRETSA further notes that
location-based routing ``is not inconsistent with the eventual
transition to full i3 NG9-1-1.'' \68\ Finally, we do not agree that
location-based routing implemented on CMRS networks consistent with the
proposed rules will introduce delay into NG911 call routing. The
location-based routing requirements we adopt expressly apply only when
location information meeting the accuracy threshold is available at
time of routing. Thus, these requirements will not delay delivery of
911 calls in either the legacy E911 environment or the NG911
environment.\69\
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\67\ See Verizon NPRM Comments at 3 (stating that some
jurisdictions ``have implemented their own form of LBR and prefer
that originating service providers not also perform LBR on a
call'').
\68\ BRETSA NPRM Reply Comments at 5; see also Intrado PN
Comments at 10 n.14 (``Implementing LBR on the carrier side has the
added benefit of avoiding any potential adverse consequences to the
present transitional NG911 environment and eventual NG911 end state.
In fact, LBR (and the enhanced location information behind it) will
work hand-in-hand with the PSAPs ongoing NG911 adoption of IP-based,
geospatial ESInets.'').
\69\ See Intrado NPRM Comments at 5 (``[T]he carrier GMLC now
has sufficient information and time with 4G/5G to determine,
transmit and evaluate confidence and uncertainty of device-based
location information and to query the location server for PSAP
routing instructions before the time to route.'').
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c. Compliance Timelines
42. Overview. We require nationwide CMRS providers to comply with
the location-based routing requirements within six months after the
effective date of the final rules, as proposed in the notice of
proposed rulemaking. We require non-nationwide CMRS providers to comply
with the location-based routing requirements within 24 months after the
effective date of the final rules, a time frame which is six months
longer than the eighteen months proposed in the notice of proposed
rulemaking. We also permit a PSAP and a CMRS or covered text provider
to set, by mutual consent, alternative deadlines to implement location-
based routing in the PSAP's jurisdiction that are different from those
otherwise established by the rules.
43. Nationwide CMRS Providers. We require nationwide CMRS providers
to comply with the location-based routing requirements within six
months after the effective date of the final rules, as proposed in the
notice of proposed rulemaking. NENA, COPUC, NASNA, DISA, and iCERT
support the proposed six-month timeline for nationwide CMRS providers,
and no commenter indicates that it would be infeasible or burdensome
for nationwide CMRS providers to complete the implementation of
location-based routing within six months. The three nationwide CMRS
providers have already deployed or are actively working toward
deploying location-based routing capabilities on their networks,
indicating that they have made substantial progress in implementing
this technology at the network level.\70\ AT&T has already deployed
location-based routing on a nationwide basis. Verizon has indicated
that it is ``turning up Location-Based Routing for hundreds of PSAPs
nationwide'' and directs ``PSAPs that are interested in deploying
Location Based Routing to contact Verizon engineers.'' This statement
indicates Verizon's readiness to deploy location-based routing and that
Verizon has made necessary progress to implement the technology at the
network level. T-Mobile was the first to deploy this technology on its
network in 2020 and as of December 2023 had fully implemented location-
based routing for 1,591 PSAPs with an additional 596 PSAPs in progress,
which indicates that
[[Page 18498]]
it has made progress on implementing the technology on a network level.
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\70\ AT&T completed the rollout of location-based routing on its
network in June 2022 and uses location-based routing to deliver
wireless 911 voice calls and texts to nearly all PSAPs nationwide.
AT&T PN Comments at 4; AT&T NPRM Comments at 1. T-Mobile launched
location-based routing on its network in the states of Texas and
Washington in 2020 and as of December 2023 has fully implemented
location-based routing for 1,591 PSAPs with an additional 596 PSAPs
in progress. T-Mobile NPRM Comments at 3-5; T-Mobile PN Reply at 2
n.6. In December 2023, Verizon reported that it had initiated
location-based routing for 414 PSAPs with an additional 277 PSAPs in
progress. Verizon Dec. 7, 2023 Ex Parte at 1.
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44. The nationwide CMRS providers do not argue for an
implementation timeline that is longer than six months from the
effective date of the rules. Instead, T-Mobile, AT&T, Verizon, and CTIA
support a six-month timeline for nationwide providers conditioned on
each PSAP requesting location-based routing and demonstrating technical
and operational readiness. As discussed above, we have determined that
a per-PSAP request mechanism would delay the critical benefits of a
nationwide deployment of location-based routing and is not a necessary
component to ensure PSAP operational continuity during the transition.
Industry commenters' arguments nevertheless indicate that nationwide
providers are capable, from both a technical and cost perspective, of
deploying location-based routing within a six month timeframe. Indeed,
if the Commission were to adopt a per-PSAP request mechanism and all or
virtually all PSAPs opted in immediately, the nationwide CMRS providers
would effectively be required to deploy location-based routing
nationwide within six months. Finally, we accord little weight to
AT&T's request to condition CMRS provider compliance timelines on PSAP
requests, as AT&T deployed location-based routing on a nationwide basis
and states that it ``was able to deploy location-based routing to
virtually all PSAPs within a six-month timeframe,'' with few
exceptions.
45. Some commenters point out that the nationwide CMRS providers
had several years to plan and carry out their voluntary implementation
of location-based routing. However, we disagree that this argues in
favor of allowing the nationwide providers more than six months to
complete nationwide implementation. Location-based routing technology
is no longer nascent, unknown to PSAPs, or unproven. Use of location-
based routing has expanded significantly since 2020, when T-Mobile
first deployed it, technical standards now exist for its
implementation, all three nationwide carriers have deployed it on their
networks, and public safety is aware of and eager for this improved
routing technology. Given the extent of this progress, we believe that
six months is more than adequate for nationwide CMRS providers to
implement location-based routing nationwide. We therefore find that six
months from the effective date of the rules provides adequate time for
these providers to complete the implementation on their networks. NENA,
COPUC, NASNA, DISA, and iCERT support the proposed six-month timeline
for nationwide CMRS providers, and no commenter indicates that it would
be infeasible or burdensome for nationwide CMRS providers to complete
the implementation of location-based routing within six months.
46. APCO, Adams County et al., and Fenwick support a timeline
shorter than six months for nationwide providers to deploy location-
based routing. We decline to adopt a shorter mandatory timeline, as it
is unclear whether it is feasible for all three nationwide CMRS
providers to complete their deployment of location-based routing in
fewer than six months. However, nationwide CMRS providers may deploy
location-based routing voluntarily prior to the compliance deadline.
47. Non-Nationwide CMRS Providers. In the notice of proposed
rulemaking, the Commission proposed an 18-month timeline for non-
nationwide CMRS providers to implement location-based routing.\71\ We
received mixed comments on this issue. NASNA, iCERT, and COPUC support
the proposed 18-month timeline for non-nationwide CMRS providers,\72\
while other public safety entities argue for a shorter timeline.\73\ On
the other hand, CMRS provider commenters generally support a longer
timeline for non-nationwide CMRS providers to implement location-based
routing. CTIA states that ``non-nationwide providers need more time to
deploy LBR capability than the 18 months proposed in the NPRM due to
the significant costs and technical modifications necessary to
implement LBR.'' GCI recommends that non-nationwide CMRS providers be
given a timeline of at least 24 months or potentially longer. RWA
recommends that small rural CMRS providers be given 36 months to
implement location-based routing.\74\ CCA asserts that non-nationwide
providers need at least four years to ``select, test, modify, perfect,
and deploy'' location-based routing, stating that AT&T's deployment
took four years and that ``[m]ost CCA member companies do not possess
anywhere near the scope and scale of resources that AT&T enjoys.''
Southern Linc agrees with CCA's concerns that non-nationwide CMRS
providers may require considerably longer than 18 months.
---------------------------------------------------------------------------
\71\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15195, para.
26.
\72\ NASNA NPRM Comments at 11 (agreeing with 18-month timeline
for non-nationwide CMRS providers); iCERT NPRM Comments at 2
(supporting 18-month timeline for non-nationwide CMRS providers);
COPUC NPRM Comments at 3 (agreeing with the 18-month timeline for
non-nationwide CMRS providers); see also NENA Comments at 3
(stating, as a general matter, that ``the Commission has proposed
sufficient compromises to avoid undue burden on the wireless
industry, such as a later implementation date for non-nationwide
CMRS providers'').
\73\ Adams County et al. NPRM Comments at 2 (stating that 18-
month implementation schedule for non-nationwide CMRS providers is
``acceptable,'' but noting that ``[s]ooner is better''); APCO NPRM
Comments at 3. BRETSA comments that non-nationwide CMRS providers
have not yet determined the actual cost and time required to
implement location-based routing, and urges the Commission to
require non-nationwide CMRS providers to implement location-based
routing within six or twelve months (i.e., rather than eighteen
months) and to ``grant waivers or extensions upon showings of the
actual costs of and impediments to deployment.'' BRETSA NPRM Reply
at ii; id. at 13 (``Such an approach would allow providers a
reasonable time to implement LBR, while avoiding unnecessary delay
and impacts upon victims of accidents, illnesses, crimes, and
fires.''). BRETSA also suggests that in rural areas, which generally
have a lower incidence of misroutes (e.g., because a single PSAP
serves the entire county), regional wireless providers should have
an ``earlier date for implementation of LBR,'' with deployment
prioritized based on the level of misroutes, and ``allowing a longer
overall phase-in period.'' BRETSA NPRM Comments at 7-8.
\74\ RWA NPRM Comments at 1-3. RWA discusses reasons smaller
carriers require more time and financial support, including that
``many RWA members are in the midst of efforts to `rip and replace'
unsecure Huawei and ZTE equipment in their networks,'' id. at 2,
which is a ``top priority over regulatory compliance unrelated to
national security.'' Id. at 3. RWA requests small rural CMRS
providers have 36 months from effective date of final rules to
implement, ``and then only if the PSAP is capable of handling the
call routing.'' Id. at 3.
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48. The Commission has previously recognized that non-nationwide
CMRS providers can face obstacles that warrant additional time for
compliance beyond the time afforded to nationwide CMRS providers during
technology transitions. Smaller CMRS providers may have difficulty
obtaining necessary commitments from device makers, technology vendors,
and software service providers to implement location-based routing
within a time frame that would be feasible for nationwide CMRS
providers. We therefore adopt a timeline of twenty-four months (two
years) from the effective date of the rules for non-nationwide CMRS
providers to deploy and begin using location-based routing. This
timeline provides an additional 18 months beyond the deadline
applicable to nationwide CMRS providers. We adopt this extended
timeline in recognition of the obstacles that non-nationwide CMRS
providers may encounter in deploying location-based routing on their
networks. We also anticipate that the additional time will assist non-
nationwide CMRS providers in absorbing capital costs. It is consistent
with past Commission decisions to permit non-nationwide CMRS providers
additional time to
[[Page 18499]]
accommodate technology transitions.\75\ Based on the progress that
nationwide CMRS providers have made and that some non-nationwide CMRS
providers advocate for a 24-month timeline, it is our predictive
judgment that the 24 months afforded will be sufficient from both
technological feasibility and cost perspectives for non-nationwide CMRS
providers to implement location-based routing. If individual CMRS
providers encounter unique or unusual factual circumstances that
support a lengthier timeline, they may seek a waiver under the
Commission's waiver rules.\76\
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\75\ For example, for horizontal location accuracy requirements,
certain benchmarks for non-nationwide CMRS providers are tied to the
deployment of specifical technical capabilities, which has permitted
additional time for compliance. See 47 CFR 9.10(i)(2)(i)(B)(3), (4).
For vertical location accuracy requirements, certain non-nationwide
CMRS providers are permitted an additional year to meet relevant
benchmarks. See 47 CFR 9.10(i)(2)(ii)(F).
\76\ 47 CFR 1.925.
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49. We decline to extend the timeline for compliance for non-
nationwide CMRS providers to thirty-six months or four years, as
advocated by RWA and CCA, respectively. RWA argues that small non-
nationwide CMRS providers should have 36 months to comply with
location-based routing requirements because they are simultaneously
focusing ``substantial time and attention'' on replacing network
equipment under the Secure and Trusted Communications Networks
Reimbursement Program (Reimbursement Program), which they assert takes
``top priority over regulatory compliance unrelated to national
security.'' We see no basis for extending the 24-month location-based
routing timeline for non-nationwide CMRS providers based on their
concurrent obligations under the Reimbursement Program. Protecting
national security and ensuring effective 911 emergency response are
both important regulatory obligations that all CMRS providers must
meet. We reject the view that one takes priority over the other. In
addition, RWA has failed to show how the timeline for the Reimbursement
Program would conflict with non-nationwide provider implementation of
location-based routing when Reimbursement Program removal, replacement,
and disposal deadlines are determined on an application-specific basis
\77\ and may be extended pursuant to the conditions set forth in the
Secure and Trusted Communications Networks Act and the Commission's
rules.\78\
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\77\ FCC, Secure and Trusted Communications Networks
Reimbursement Program Second Report at 4 (July 10, 2023), https://docs.fcc.gov/public/attachments/DOC-395005A1.pdf. See Protecting
Against National Security Threats to the Communications Supply Chain
Through FCC Programs, WC Docket No. 18-89, Second Report and Order,
35 FCC Rcd 14284, 14354, para. 170 (2020), 86 FR 2904 (January 13,
2021). The Commission may grant recipients extensions of this term
on an individual basis. See Secure and Trusted Communications
Networks Act of 2019, Public Law 116-124, section 4(d)(6)(C), 134
Stat. 158, 163 (2020) (Secure Networks Act) (codified at 47 U.S.C.
1603(d)(6)(C)).
\78\ A Reimbursement Program recipient may request and the
Commission may grant an individual extension of a recipient's
removal, replacement, and disposal term for a period of up to six
months after the Bureau finds, that due to no fault of such
recipient, such recipient is unable to complete the permanent
removal, replacement, and disposal by the end of the term. 47 CFR
1.50004(h)(2); see also Secure Networks Act section 4(d)(6)(C); see
also, e.g., Protecting Against National Security Threats to the
Communications Supply Chain Through FCC Programs, WC Docket No. 18-
89, Order, DA 23-875, at 1, para. 1 (WCB Sept. 22, 2023) (granting
Stealth Communications Services, LLC's request for extension from
September 29, 2023 until March 29, 2024); Protecting Against
National Security Threats to the Communications Supply Chain Through
FCC Programs, WC Docket No. 18-89, Order, DA 23-938 (WCB Oct. 10,
2023) (granting extension of time requests by WorldCell Solutions,
LLC, Mediacom Communications Corporation, Virginia Everywhere, LLC,
James Valley Cooperative Telephone Company, and NE Colorado
Cellular, Inc. d/b/a Viaero Wireless); Protecting Against National
Security Threats to the Communications Supply Chain Through FCC
Programs, WC Docket No. 18-89, Order, DA 23-1016 at 1, para. 1 (WCB
Oct. 27, 2023) (granting extension of time requests of Point
Broadband Fiber Holding, LLC and SI Wireless, LLC).
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50. RWA also argues that location-based routing should only be
required ``to the extent that there is federal financial support
afforded to small providers for the cost of compliance and additional
time afforded for compliance beyond that proposed in the NPRM.'' The
Commission has never conditioned CMRS providers' compliance with 911
obligations on the receipt of Federal funding and we decline to do so.
Further, the record does not provide compelling evidence that such
funding is necessary. RWA fails to provide any specific estimates as to
the actual cost of compliance for its members or to otherwise document
a need for Federal financial support.\79\ Without information on the
actual cost of compliance or specific impacts of such compliance on
CMRS providers, naked claims that Federal financial support is
necessary in order for CMRS providers to comply with the Commission's
911 requirements lack merit. As noted above, if an individual CMRS
provider encounters unique or unusual factual circumstances, it may
seek a waiver under the Commission's waiver rules.\80\
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\79\ RWA NPRM Comments at 1, n.3 (acknowledging that ``RWA
members have received no specific vendor estimates as to the actual
cost of compliance'').
\80\ 47 CFR 1.925.
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51. CCA argues that a four-year timeline is needed to account for
``levels of support the nation's smaller wireless carriers typically
receive from device makers, technology vendors, and software service
providers and with the continued, incremental progress of PSAP systems
in all areas of the country to support the location-based routing of
emergency communications.'' However, CCA has not documented the need
for a four-year timeline as opposed to twenty-four months to address
the specific obstacles faced by these providers. Once nationwide CMRS
providers complete their six-month deployment obligation, non-
nationwide providers will have 18 months to engage with device makers,
vendors, and consultants. In addition, as noted above, the timeline is
not dependent on PSAPs making ``incremental progress'' to support
location-based routing because PSAPs do not need to take any specific
technical steps to be ready to receive location-based routed calls.
52. CCA and RWA also argue that non-nationwide CMRS providers
should be afforded a four-year timeline because ``AT&T required four
years to deploy location-based routing.'' We disagree. First, AT&T
states that it was able to deploy location-based routing to virtually
all PSAPs within six months, not four years as asserted by CCA and
RWA.\81\ Second, even if AT&T or other nationwide CMRS providers took
additional time to plan early implementation of nationwide location-
based routing across their networks, it does not follow that non-
nationwide CMRS providers need the same amount of time after the
nationwide CMRS providers have completed their implementations.\82\
BRETSA notes that other providers are likely to require less time than
AT&T to deploy location-based routing because ``AT&T has already
developed the solution and provided a roadmap for implementation of
LBR.'' In fact, the nationwide CMRS providers have already done
critical work to enable location-based routing by adopting highly
accurate handset-based location, which AT&T has confirmed ``is
available for location-based routing on the vast majority of iOS and
Android devices.'' The nationwide carriers have also validated that
location-based routing can be used for the vast majority of wireless
911 calls and that it does not result in additional call delay or an
increase in abandoned 911 calls. We agree with iCERT that existing
support for location-
[[Page 18500]]
based routing by nationwide carriers ``provides ample evidence that LBR
will soon be ready for wider implementation.''
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\81\ AT&T NPRM Comments at 3 (``AT&T was able to deploy
location-based routing to virtually all PSAPs within a six-month
timeframe.'').
\82\ See Intrado PN Comments at 10 (``AT&T's implementation
model provides a roadmap to the other carriers.'').
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53. CCA also argues that non-nationwide CMRS providers need longer
timelines to ensure network reliability and quality of service before
undertaking network-wide location-based routing implementation. Again,
CCA fails to provide specific examples of how non-nationwide CMRS
providers' network reliability and quality of service would be
compromised by implementing location-based routing within a 24-month
timeline. CCA also asserts that non-nationwide CMRS providers may use
``different LTE and 5G-NR network specifications'' than the nationwide
providers and that it will be challenging for non-nationwide CMRS
providers to implement location-based routing given the ``array of
potentially viable standards any one of which might, over time, fail to
achieve scale and fall behind the other standards in features, support,
and adoption.'' We believe a 24-month timeline is sufficient to address
these issues. As BRETSA notes, non-nationwide CMRS providers have not
provided specific vendor estimates as to the actual cost to implement
location-based routing. We agree with BRETSA that nationwide CMRS
providers have provided a path for implementing location-based routing,
and there is no reason to delay implementation by non-nationwide CMRS
providers beyond the two years afforded. We conclude that the
considerable benefits of improved 911 routing should extend to all
callers, including subscribers to non-nationwide CMRS providers'
services, and that delaying improved 911 routing by more than 24 months
would be inequitable for these subscribers.
54. Some entities representing non-nationwide CMRS providers argue
that location-based routing will provide minimal improvement in the
areas which their members serve, and therefore that the Commission
either should not require location-based routing or should further
delay compliance with location-based routing rules for non-nationwide
CMRS providers. CCA asserts that ``location-based routing may not
provide any meaningful improvement over the status quo at the cost of
dangerously longer call set up times'' for smaller CMRS providers that
tend to serve less densely populated areas.\83\ Alaska Telecom notes
that Alaska's unique situation of geography and low population areas
means fewer misroutes and less benefit from location-based routing,
such that ``costs that carriers will bear to implement LBR on a short
timescale will far outstrip the potential benefits.'' We acknowledge
that the advantages of location-based routing in comparison to legacy
E911 routing may not be uniform across all areas or across all CMRS
providers. However, we agree with Intrado that ``[e]ven in low misroute
areas, LBR implementation will result in a significant reduction in
misroutes compared to the current system of exclusively relying on
tower-based routing.'' The benefits of improved routing should accrue
to all 911 callers nationwide, across jurisdictions and CMRS providers,
and 911 authorities have articulated a clear need for consistent
routing technology across CMRS providers. We therefore decline to
exempt or postpone location-based routing implementation on the basis
that it may provide less benefit in some areas than others.
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\83\ CCA NPRM Comments at 2-3. As discussed herein, the
Commission's location-based routing rules require providers to route
on precise location information that is available at the network at
time of routing, which renders moot the potential need for call
holding.
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55. Modification of Deadlines by Agreement. We recognize that there
may be some narrow scenarios in which individual PSAPs need additional
time to facilitate location-based routing.\84\ AT&T states that while
it was able to deploy location-based routing to virtually all PSAPs
within six months, ``some PSAPs required special attention and more
time.'' To provide flexibility for PSAPs that request it, we adopt a
rule allowing a PSAP and a CMRS provider to set, by mutual consent,
deadlines to implement location-based routing in the PSAP's
jurisdiction that are different from those otherwise established by the
rules. For example, the parties may mutually agree to extend the
provider's timeline for location-based routing implementation in the
PSAP's jurisdiction. We emphasize that parties may not use this
exception to delay implementation and deployment of location-based
routing indefinitely. Accordingly, in the event of any agreement to an
alternate time frame for implementing location-based routing, we
require the CMRS provider to notify the Commission of the agreed-to
dates within 30 days of the parties' agreement or 30 days from the
effective date of the final rules, whichever is later.\85\ The CMRS
provider must subsequently notify the Commission of the actual date by
which it comes into compliance with the location-based routing
requirements, within 30 days of that actual date of compliance or 30
days from the effective date of the final rules, whichever is later.
---------------------------------------------------------------------------
\84\ See, e.g., T-Mobile NPRM Comments at 5 (stating that ``in
at least one instance, T-Mobile is aware that an emergency calling
authority requested that another 911 vendor indefinitely suspend
using LBR for 911 calls to its PSAPs because the vendor's LBR
implementation resulted in a greater number of 911 calls that
required transfer to another PSAP''); AT&T PN Comments at 4 & n.3
(stating that AT&T completed its location-based routing deployment
by the end of June 2022 ``with very few exceptions'' and stating
that ``[a] few PSAPs are using unique applications of Emergency
Services Numbers to implement internal routing solutions'' and that
AT&T is ``working with these PSAPs to ensure [its] location-based
routing solution meets their unique needs'').
\85\ CMRS providers must file such notifications in PS Docket
No. 18-64.
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2. Text-to-911
56. We require nationwide and non-nationwide CMRS providers to
deploy and use location-based routing for RTT communications to 911
within 24 months from the effective date of the final rules adopted.
This is a modification of the rules proposed in the notice of proposed
rulemaking, which would have required CMRS providers and all other
covered text providers to deploy and use location-based routing for all
911 texts within 18 months.\86\ We extend the compliance timeline from
18 to 24 months in order to align compliance timelines for RTT
communications to 911 with the compliance timelines for non-nationwide
providers to implement location-based routing for wireless 911 voice
calls. In addition, we limit our rules to the routing of RTT
communications to 911 by CMRS providers. We decline at this time to
extend location-based routing requirements to SMS text messages to 911,
both because industry has not yet developed standards for implementing
location-based routing on SMS networks and to avoid requiring providers
to retrofit legacy SMS networks. We similarly defer extending location-
based routing requirements to interconnected text providers.
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\86\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15197, para.
33. The term ```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.'' 47 CFR 9.10(q)(1).
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57. Location-Based Routing for RTT. We find that it is
technologically feasible for CMRS providers to enable location-based
routing for RTT communications. Because RTT is an IP-native service,
RTT communications are processed on IP-based networks
[[Page 18501]]
similarly to voice calls originating on IP-based networks. According to
NENA, an RTT session is ``handled and routed the same way as a voice
call and delivers location just as a voice call would.'' \87\ We agree
with NENA that our rules ``should reflect this reality.'' In addition,
because RTT resembles voice calling in that it is a real-time, two-way
service, the user experience of RTT is likely to be similarly sensitive
to the delays associated with misroutes. Given the technical
similarities with processing voice calls originating on IP-based
networks and strong support for implementing requirements for location-
based routing for text-to-911 as a general matter, we adopt a
requirement for location-based routing for RTT communications to 911
consistent with the requirements we adopt for wireless 911 voice calls
originating on IP-based CMRS networks. In addition, commenters
specifically support location-based routing for RTT communications.\88\
CMRS providers urge the Commission to incentivize both PSAPs and CMRS
providers to move toward next generation texting technologies such as
RTT. We find that these requirements will help to ensure that the
benefits of location-based routing extend to RTT users as more CMRS
providers implement RTT service. We note that this rule is not intended
to expand CMRS providers' existing obligations to deploy RTT
capabilities to PSAPs beyond what is already required by the
Commission.\89\
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\87\ NENA NPRM Reply at 10. Unlike SMS text-to-911, which uses a
Text Control Center for routing, ``RTT uses the existing IP-based
voice architecture.'' NENA, NENA PSAP Readiness for Real-Time Text
(RTT) Information Document, NENA-INF-042.1-2021 at 10 (Jan. 20,
2021), https://cdn.ymaws.com/www.nena.org/resource/resmgr/standards/nena-inf-042.1-2021_rtt_appv.pdf (NENA RTT Information Document).
The RTT communication ``enters the Common IMS Network via the Proxy/
Emergency Call Session Control Functions (P/E-CSCF) which provide
the routing functions.'' NENA RTT Information Document at 13. This
is also how wireless 911 voice calls originating on IP-based
networks are processed. See ATIS-0700015.v005 (``[The P-CSCF]
receives the emergency call from the User Equipment via the Access
Network. The P-CSCF detects that the call is an emergency call and
forwards it to/toward the E-CSCF.''). Then, ``[t]he Common IMS
Network will acquire location using the Location Retrieval Function
(LRF) and Location Server (LS) and determine the routing using the
Routing Determination Function (RDF).'' NENA RTT Information
Document at 13. Again, this is also how wireless 911 voice calls
originating on IP-based networks are processed. See ATIS-
0700015.v005 at 24 (``The LRF obtains location information
associated with the emergency call (by interacting with an LS, if
necessary) and uses that location to acquire routing information for
the emergency call from the RDF.'').
\88\ T-Mobile NPRM Comments at 11 (stating that ``stakeholders
should focus their efforts on supporting more robust means of text-
based communication with PSAPs, including RTT''); Verizon NPRM
Comments at 5 (``Verizon's planned LBR implementation for VoLTE will
support real-time-text (RTT) 911 calls.''); NENA NPRM Reply at 9
(``The Commission's rules should apply to end-to-end RTT calls
regardless of NG9-1-1 capability.''); ATIS NPRM Comments at 3
(urging the Commission ``to clarify that only providers of such next
generation text solutions [as defined in ATIS and NENA standards]
are required to use LBR''); see also CTIA NPRM Reply at 8.
\89\ RTT transition obligations apply to ``those entities that
are involved in the provision of IP-based wireless voice
communication service, and only to the extent that their services
are subject to existing TTY technology support requirements under
Parts 6, 7, 14, 20, or 64 of the Commission's rules.'' RTT Order, 31
FCC Rcd at 13576-77, para. 12. The Commission requires CMRS
providers transmitting over an IP network that choose to enable the
transmission and receipt of communications via RTT, in lieu of TTY
technology, to and from any PSAP served by their network, to enable
such service in a manner that fully complies with all applicable 911
rules. Id. at 13591-92, para. 43. PSAPs require special capabilities
to receive RTT communications from CMRS providers. Id. at 13592,
para. 43. We recognize that many PSAPs are not currently capable of
supporting RTT communications and remain reliant on TTY technology
to receive calls from people with disabilities. Texas 9-1-1 Entities
NPRM Comments at 5; see RTT Order at 13592, para. 43; FCC, What
Public Safety Answering Points Should Know about Real-Time Text at 2
(Oct. 2, 2018), https://www.fcc.gov/sites/default/files/documents/events/fact_sheet_about_real-time_text_for_public_safety_answering_points.pdf.
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58. Compliance Deadlines for Location-Based Routing for RTT. We
require CMRS providers to implement location-based routing for RTT
within 24 months after the effective date of the final rules on
location-based routing. This timeline is six months longer than the
eighteen-month period the Commission proposed in the notice of proposed
rulemaking for all covered text providers to route all texts to 911.
Most of the comments received on timelines address 911 texts in
general, without specifically addressing issues related to RTT
implementation in particular.\90\ Some commenters support the
originally proposed 18-month timeline for text-to 911,\91\ while others
support a shorter timeline. NASNA suggests that ``it may be more
appropriate to apply the same implementation timeframes for 911 texts
that are being applied to voice 911 calls.'' Other commenters urge that
covered text providers be given a longer timeline to implement
location-based routing. For example, Verizon notes that several parties
echo its own comments regarding the need for a longer implementation
period for 911 texts. Verizon ``expects that an implementation period
of 18-24 months for a `best available location' approach could be
technically feasible, provided that the rules afford wireless providers
flexibility in the location query methods and per-call thresholds
governing whether precise versus coarse location is used for routing.''
\92\
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\90\ Verizon does comment on RTT specifically and distinguishes
it from other 911 texting, with an indication that it may be easier
for Verizon to implement RTT than SMS location-based routing.
Verizon states that ``[w]hile Verizon's planned LBR implementation
for VoLTE will support real-time-text (RTT) 911 calls, LBR for SMS
is not feasible using our existing platforms and capabilities, and
would require substantial network- and device-level changes and
upgrades.'' Verizon NPRM Comments at 5.
\91\ See, e.g., iCERT NPRM Comments at 2 (supporting 18-month
timeline for all covered text providers, ``without regard to service
area''); NENA NPRM Comments at 1; AT&T NPRM Comments at 6
(supporting 18-month compliance timetable, but conditioned on PSAP
request and readiness).
\92\ Verizon NPRM Reply at 2; see also, e.g., RWA NPRM Comments
at 3 (indicating smaller providers need more time to comply than
larger providers, and requesting small rural providers be given 36
months from the effective date of the rules to implement text-to-
911, ``and then only if the PSAP is capable of handling the call
routing''); Southern Linc NPRM Reply at 6-8 (stating that if
Commission requires location-based routing for SMS-based texts to
911, nationwide CMRS providers should have at least 18-24 months
from the effective date of the rules and non-nationwide CMRS
providers should have an additional 12-18 months beyond that, in
recognition of smaller carriers' ``additional challenges and
resource constraints'' and that a CMRS provider's obligation to
commence use should only be triggered by a valid request from the
PSAP or other relevant authority).
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59. We conclude that a timeline of 24 months after the effective
date of the rules is technically feasible for CMRS providers to
implement location-based routing for RTT. We also believe that 24
months will provide sufficient time for both nationwide and non-
nationwide CMRS providers to implement location-based routing for RTT.
We decline to adopt a shorter timeline for nationwide CMRS providers
and instead opt, consistent with the notice of proposed rulemaking, to
apply the same timetable to all providers for implementation of
location-based routing for RTT communications. Unlike for 911 voice
calls, the extent to which nationwide CMRS providers have implemented
location-based routing for RTT is not clear, though we note that T-
Mobile and Verizon explicitly support this step. In addition, few PSAPs
have developed the capability to receive end-to-end RTT
communications.\93\ Since RTT remains in the early stages of
development, we believe that a unified timeline for nationwide and non-
nationwide CMRS providers is consistent with the approach in the
Commission's existing text-to-911 rules, which do not distinguish
between nationwide and
[[Page 18502]]
non-nationwide CMRS providers.\94\ In addition, given that RTT uses
call processing similar to that used for voice calls, we anticipate
that non-nationwide CMRS providers will be able to implement this
capability on the same timeline as location-based routing for voice
calls originating on IP-based networks. However, we encourage CMRS
providers (nationwide or non-nationwide) to adopt location-based
routing for RTT before the 24-month deadline if feasible.
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\93\ See Donny Jackson, APCO speakers say RTT being used
operationally, could be key platform for 911 in the future, IWCE's
Urgent Communications (Aug. 8, 2023), https://urgentcomm.com/2023/08/08/apco-speakers-say-rtt-being-used-operationally-could-be-key-platform-for-911-in-the-future/ (Jackson, APCO speakers) (noting 911
officials stress the ``nascent operation of RTT for emergency
calling, as only a handful of PSAPs are using the technology at the
moment'').
\94\ See 47 CFR 9.10(q)(1), (10).
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60. Location-based routing for SMS. Some public safety commenters
urge the Commission to require location-based routing for all texts to
911, including SMS, so that improved text routing is available to
individuals who are deaf, hard of hearing, or have speech related
disabilities, and to people in situations where the sound of a voice
call would place them in peril.\95\ We agree with public safety
commenters that location-based routing could provide benefits to
communities that rely on text messaging to contact 911. However, we
decline to require location-based routing for SMS messages at this time
because the record indicates that industry has not yet developed
standards for implementing location-based routing on SMS networks and
because of the potential cost of requiring covered text providers to
retrofit legacy SMS networks.
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\95\ COPUC NPRM Comments at 8; BRETSA NPRM Reply at 8; NASNA
NPRM Comments at 13. DISA also argues that location-based routing
for text-to-911 could also decrease the response time for 911 texts
originating outside the three-mile line off U.S. and Territorial
shores. DISA NPRM Comments at 1.
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61. In particular, commenters note that enabling location-based
routing for SMS would require updates to the relevant technical
standard, ATIS/TIA J-STD-110.\96\ According to NENA, implementing
standards-based SMS solutions would add at least two years for
standards development, product development, and deployment. T-Mobile,
Alaska Telecom, and Verizon also note that implementing location-based
routing for SMS would require potentially costly retrofitting of legacy
SMS networks. Verizon argues that enabling location-based routing for
SMS ``would require substantial upgrades of Short Message Service
Center (SMSC) and Text Control Center (TCC) facilities . . . and device
changes to enable the device to override security, privacy and other
functions to access the caller's device-level location information.''
In addition, Verizon argues that requiring location-based routing for
SMS could impose duplicative cost and implementation burdens that would
be unnecessary once a jurisdiction launches i3 NG911 capabilities. We
also note that some PSAPs remain incapable of receiving texts and that
the volume of 911 texts is far smaller than volume of wireless 911
voice calls.\97\ In light of these factors, we find that it would not
serve the public interest to require CMRS providers to retrofit legacy
SMS networks.
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\96\ Verizon NPRM Comments at 5; Southern Linc NPRM Reply at 7;
NENA NPRM Reply at 9, n.41; ATIS NPRM Comments at 3. ATIS/TIA J-STD-
110.v002 defines the requirements, architecture, and procedures for
text messaging to 911 emergency services using native wireless
operator SMS capabilities for the existing and NG911 PSAPs. ATIS and
Telecommunications Industry Association (TIA), Joint ATIS/TIA Native
SMS/MMS Text to 9-1-1 Requirements and Architecture Specification--
Release 2 at sections 7, 8, and 9 (May 2015), https://webstore.ansi.org/standards/atis/std110 (ATIS/TIA J-STD-110.v002).
In 2014, the Commission explained that ``The scope of the J-STD-110
is limited to text messaging to 9-1-1 for native SMS capabilities,
and it does not address support of text-to-911 for interconnected
text services using `over-the-top' SMS.'' T911 Second Report and
Order, 29 FCC Rcd at 9864, para. 39 n.106 (citing to a previous
version of ATIS/TIA J-STD-110, Section 1.1).
\97\ As of December 2023, the Commission's Text-to-911 Registry
lists 3,201 PSAPs as text-capable. See FCC, PSAP Text-to-911
Readiness and Certification Registry, https://www.fcc.gov/general/psap-text-911-readiness-and-certification-form. In calendar year
2022, U.S. PSAPs received a combined total of 824,609 texts to 911
in comparison to 157,999,298 wireless 911 voice calls. Fifteenth
Annual 911 Fee Report at 13-16, Table 3.
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62. We recognize that the three nationwide CMRS providers are using
non-standardized location-based routing techniques to route some SMS
texts to 911 today.\98\ We encourage all CMRS providers to deploy
location-based routing for SMS messages voluntarily to the extent that
their resources permit, and we intend to monitor the development of
standards, products, and other advances affecting location-based
routing for SMS text-to-911. However, we agree with NENA that ``the
Commission's rules should not back the market into adopting non-
standardized technologies for a legacy platform that the industry is
actively working to phase out.''
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\98\ See AT&T PN Comments at 5 (describing AT&T's location-based
routing for text-to-911 implementation); T-Mobile July 26, 2023 Ex
Parte at 3; Verizon Dec. 7, 2023 Ex Parte at 1. NENA also states
``There are non-standards-based mechanisms for supporting location-
based routing for interim text 156 which are available and in-use in
the market today.'' NENA NPRM Reply at 9.
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63. We decline to adopt commenters' alternative proposal to require
CMRS providers to route SMS text messages using ``best available''
location information. Instead of a tiered system, in which CMRS
providers would use precise location information within a radius of 165
meters at a 90% confidence level and otherwise default to best
available location information, these commenters suggest a requirement
to route SMS text messages based on best available location information
(i.e., there would be no requirement to use highly precise location
information when it is available from the handset). Intrado argues
that, unlike wireless 911 voice calls to 911, for SMS ``there is no
fallback information available for text and no technologic way or need
to implement LBR for text differently nor any means to apply a specific
uncertainty/confidence requirement . . . .'' As with the proposed
requirement to route text messages when available location information
meets our accuracy and timeliness criteria, solutions that route using
``best available'' location information are still not standards-based.
Therefore, we decline to require CMRS providers to implement non-
standard location-based routing solutions for SMS text messages at this
time. The Commission may reconsider if applicable standards are
developed.
64. Under the Commission's existing text-to-911 rules, ``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 . . . .'' \99\ The
implementation of location-based routing, which uses more precise
location information than the tower-based routing method, may change
the PSAP to which a 911 voice call would otherwise be routed. We do not
interpret this provision to require covered text providers to obtain
the same precise location information for SMS or other non-RTT text
messages that would be used for a voice call subject to the
Commission's location-based routing rules. Instead, this provision
would continue to require covered text providers to obtain location
information sufficient to route text messages (other than RTT) to the
same PSAP to which a wireless 911 voice call would be routed using
coarse location or other equivalent means, the routing technology in
use at the time of adoption of this rule.\100\
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\99\ 47 CFR 9.10(q)(10)(i).
\100\ T911 Second Report and Order, 29 FCC Rcd at 9874, para. 57
(``We require covered text providers to route texts to 911 using
coarse location (cell ID and cell sector) or other equivalent means
that allows the covered text provider to route a text to the
appropriate PSAP.'').
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65. Location-based routing for other text-messaging platforms. We
decline to consider location-based routing for other types of text-
messaging platforms, such as Multimedia Messaging Service
[[Page 18503]]
(MMS) platforms, at this time. To the extent that commenters discussed
other text messaging platforms, such comments combined arguments
regarding SMS and MMS platforms.\101\ As discussed herein, MMS
platforms rely on many of the same functional network elements that
would be used to process SMS messages. We therefore decline to consider
requirements for location-based routing for MMS for the same reasons
discussed in this section for SMS text. We also decline consideration
of location-based routing for over-the-top (OTT) platforms, as no
commenter discussed OTT platforms.
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\101\ See, e.g., GCI July 17, 2023 Ex Parte at 1 (``LBR for SMS/
MMS text-to-911 would be much more difficult than for IP-originated
wireless calls . . . .''); NENA NPRM Reply at 8 (discussing that
``interim text uses SMS/MMS for emergency text calls''); Intrado
NPRM Comments at 4 (discussing ``SMS/MMS design'').
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3. Definitions
66. In the notice of proposed rulemaking, the Commission proposed
to define ``location-based routing'' as routing based on the location
of the calling device rather than the location of network elements such
as cell site or sector. The Commission also proposed a definition of
``device-based location information'' and sought comment on whether the
definition adequately encompasses current and future location
technologies. We adopt these definitions as proposed and find that they
will add clarity to the rules while remaining flexible and allowing for
the future evolution of new technologies. We defer consideration of the
proposed definitions of other terms relating to IP delivery for NG911
networks to the separate NG911 transition proceeding in PS Docket No.
21-479.\102\
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\102\ NG911 Notice of Proposed Rulemaking at *20, para. 51. For
example, commenters discussed definitions for the terms ``NG911,''
`` `IP-based' 911,'' and ``NG911-capable PSAPs,'' which we believe
would be better addressed in the NG911 proceeding so as to apply to
a wider array of 911 originating service providers. See APCO NPRM
Comments at 5; CTIA NPRM Comments at 8; Southern Linc NPRM Reply at
8-9; NENA NPRM Reply at 4-5, 7-8.
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67. Location-Based Routing. The notice of proposed rulemaking
proposed to define ``location-based routing'' as the use of information
on the location of a device, including but not limited to device-based
location information, to deliver 911 calls and texts to point(s)
designated by the authorized local or state entity to receive wireless
911 calls and texts, such as an Emergency Services internet Protocol
Network (ESInet) or PSAP, or to an appropriate local emergency
authority. Most commenters addressing the issue, including NASNA, NENA,
COPUC, and Alaska Telecom, support the proposed definition.\103\ Alaska
Telecom states that the proposed definition is flexible and ``will give
carriers, 911 vendors, and public safety entities the ability to invest
time and resources into new and improved location technologies.''
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\103\ NASNA NPRM Comments at 14; COPUC NPRM Comments at 8;
Alaska Telecom NPRM Reply at 4 (noting also that Alaska Telecom
``believes that it is important that `location' be limited to the
autonomous location derived by the device, with accuracy based on
what is coming from the device, not information derived by the
carrier network'').
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68. APCO and AT&T suggest that the definition avoid reference to
``device-based location information'' or to ESInets. APCO states that
it does not disagree with the assumption that ESInets may be a
potential delivery point for 911 calls, but contends that ``a simpler
approach that does not reference ESInets could avoid unintentional
limitations.'' \104\ AT&T argues that identifying ESInets as end points
that state or local 911 authorities can designate is outside the scope
of the proceeding and unnecessary.\105\ NENA and Alaska Telecom oppose
narrowing the definition, and DISA and COPUC support including ESInets
as an illustrative example. Alaska Telecom states that ``[t]he
Commission's proposed definition allows for technological development
and improvement over time, in contrast to the changes suggested by
APCO'' to define ``location-based routing'' by reference to uncertainty
and confidence metrics.
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\104\ APCO NPRM Comments at 4. APCO does not specifically
identify what such ``unintentional limitations'' are, but cites to
its discussion of ``the current state of ESInet capabilities.'' APCO
NPRM Comments at 4, n.20. APCO asserts that ``ESInets may or may not
be capable of performing location-based routing after receiving the
call from a wireless service provider. Thus, the NPRM's
consideration of `NG9-1-1 capabilities' and ESInets as factors for
the location-based routing requirements raises concerns. The
Commission can and should adopt location-based routing requirements
without considering `NG9-1-1' progress or ESInet deployment.'' Id.
at 6.
\105\ AT&T NPRM Comments at 8. However, AT&T also states that
``individual states and PSAP authorities can designate ESInets as an
endpoint for the delivery of 911 calls[,]'' and ``encourages the
Commission . . . to confirm that states and local jurisdictions have
this authority.'' Id.
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69. We adopt the proposed definition in order to provide guidance
to regulated entities on how to comply with our location-based routing
rules. This definition of location-based routing does not extend to
tower-based routing methodologies. We disagree with APCO that referring
to ESInets in the rules as an illustrative example could
unintentionally limit the location-based routing definition. APCO
objects to referencing ESInets in the definition because ``ESInets may
or may not be capable of performing location-based routing.'' However,
the term is used in the definition merely to identify ESInets as a
potential delivery point for 911 voice calls and RTT communications,
without any reference to the technical capabilities of ESInets.
Including ESInets as an illustrative example clarifies that providers
can use location-based routing to deliver 911 calls to ESInets, without
precluding or limiting use of other network architectures and end
points. We similarly disagree with the view that use of the term
``device-based location information'' in the definition is too
limiting. Again, the term is included as an illustrative example rather
than a technological restriction. Thus, location technologies that do
not use device-based location information may also fall within the
scope of the location-based routing definition.
70. Device-Based Location Information. The notice of proposed
rulemaking proposed to define ``device-based location information'' as
``[i]nformation regarding the location of a device used to call or text
911 generated all or in part from on-device sensors and data sources.''
The Commission noted that this term is used in the existing rule on
delivery of 911 text messages and that the proposed definition would
also apply to that rule. We conclude that this definition of ``device-
based location information'' provides useful guidance to regulated
entities for compliance with the location-based routing rules, while
remaining flexible enough to account for future technological
development. COPUC supports the definition proposed in the notice of
proposed rulemaking. Several other commenters urge the Commission to
ensure that the definition is flexible enough to encompass current and
future technologies.\106\ We find that the definition is sufficiently
broad and flexible to meet this goal.
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\106\ AT&T NPRM Comments at 3-4 (citing Commission's wording in
the notice of proposed rulemaking); see also Alaska Telecom NPRM
Reply at 4 (supporting Commission's proposed definition as allowing
for technological development and improvement over time); NENA NPRM
Reply at 4 (citing AT&T NPRM Comments at 3-4).
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71. We also decline to adopt several suggestions from the record to
modify the definition of ``device-based location information.'' AT&T
supports ``a definition of `device-based location information' that is
tied to timeliness and accuracy metrics . . . .'' However, the
``device-based location information'' definition is intended to
describe a mechanism for deriving location
[[Page 18504]]
information rather than determining the timeliness or accuracy of the
information. In addition, we separately set forth timeliness and
accuracy metrics elsewhere in the rules. DISA suggests adding language
to indicate that the location is to be determined ``at origination
(setup) of [a] voice call.'' We decline to adopt this suggested change,
as the issue of timeliness of the location information used for
location-based routing is addressed in other rules we adopt.
4. Timeliness and Accuracy of Location-Based Routing Information
72. We require CMRS providers to use location-based routing for
wireless 911 voice calls and RTT communications to 911 when the
location information available to the CMRS provider's network at time
of routing is ascertainable within a radius of 165 meters at a
confidence level of at least 90%. We anticipate that a substantial
percentage of wireless 911 voice calls and RTT communications to 911
will route on location information meeting the accuracy and timeliness
threshold under the rules adopted. If location information meeting this
threshold is not available at the time of routing, we require CMRS
providers to use the ``best available'' location information for
routing wireless 911 voice calls and RTT communications to 911. Such
``best available'' location information may include but is not limited
to device-based location information that does not meet the accuracy
threshold, tower-based location information (e.g., the centroid of the
area served by the cell sector that first picks up the call), or other
location information. The requirements we adopt are those proposed in
the notice of proposed rulemaking with slight definitional
modifications.
a. Timeliness Threshold
73. As noted in the notice of proposed rulemaking, location-based
routing requires information about the caller's location to be
available quickly enough to enable the call to be routed without
delaying the normal call set-up process. We adopt the Commission's
proposal from the notice of proposed rulemaking to require the use of
location-based routing only if caller location information is available
to the CMRS provider network at the time that the CMRS provider would
otherwise route the call.\107\ This timeliness threshold is intended to
avoid delay in transmitting wireless 911 voice calls and RTT
communications to PSAPs.
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\107\ For CMRS providers, ``all 911 calls'' include ``those [911
calls CMRS providers] are required to transmit pursuant to subpart C
of this part [9].'' 47 CFR 9.3. This definition therefore extends to
texts, which are subject to 47 CFR 9.10(q), a provision which
resides in subpart C of part 9 of the Commission's rules. In this
document, we distinguish between 911 wireless voice calls, 911
texts, and RTT communications for the sake of precision. However, we
preserve the language from the notice of proposed rulemaking for the
purposes of this paragraph.
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74. The record indicates that currently available technology is
routinely capable of delivering location information to CMRS provider
networks for wireless 911 voice calls and RTT communications to 911 in
time for routing without delay.\108\ Nationwide CMRS providers'
implementations have demonstrated that obtaining such location in time
for routing is feasible. Devices that are capable of producing high
accuracy, low latency location for emergency calling are in wide use,
and IP network technology supports rapidly obtaining such precise
location estimates. The location-based routing deployments of
AT&T,\109\ T-Mobile,\110\ and Verizon \111\ demonstrate that precise
location information can be made routinely available to CMRS providers'
networks in time for routing wireless 911 voice calls. Both Android
devices using ELS and iOS devices using HELO are capable of generating
high accuracy, low latency location information in time to support 911
call routing.\112\ Moreover, iOS and Android devices account for 99.62%
of the U.S. device market, meaning that this capability is widely
available to consumers. Intrado states that 4G LTE and newer networks
can obtain device-based location information, calculate confidence and
uncertainty, and query the location server for PSAP routing
instructions within the normal call set-up interval. T-Mobile states
that the ``IP Multimedia Subsystem (`IMS') technology and advancement
of device-based hybrid location solutions has enabled the use of a
caller's estimated device location for call routing without delaying
call set-up.''
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\108\ See Notice of Proposed Rulemaking, 37 FCC Rcd at 15199,
para. 38 (citing Intrado PN Comments at 6, 8; Apple Sept. 24, 2019
Ex Parte at 2; and Android, Emergency Location Service--How It
Works, https://www.android.com/safety/emergency-help/emergency-location-service/how-it-works/ (last visited Jan. 17, 2024));
Verizon NPRM Comments at 6 (stating that RTT ``will also benefit
from the same routing improvements and advantages as i3 voice
calls''); NENA NPRM Comments at 12 (stating that an RTT
communication in NG911 ``requires no special handling compared [to]
a `conventional' voice call'').
\109\ AT&T has used location-based routing for over 80% of all
AT&T wireless calls. Intrado PN Comments at 2. Intrado further notes
that AT&T's location-based routing solution provides location-based
routing ``without any impact to the timeline or call.'' Intrado PN
Comments at 6.
\110\ T-Mobile indicates that more than 95% of location
estimates available at call routing on T-Mobile's network fall
within the company's threshold, i.e., ``300 meters with a confidence
level of 90%.'' T-Mobile July 26, 2023 Ex Parte at 1.
\111\ See Verizon July 13, 2023 Ex Parte at 1 (``To determine
whether device-based hybrid location information provided by the
device during a call is adequate for routing, Verizon uses an
accuracy threshold of 200 meters maximum horizontal uncertainty with
confidence of 90 percent.'').
\112\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15191, para.
16. See also Android, Emergency Location Service--How It Works,
https://www.android.com/safety/emergency-help/emergency-location-service/how-it-works/ (last visited Jan. 17, 2024) (``On average,
ELS is able to get a first location 3-4 seconds after the call has
started.''); Android, Emergency Location Service--Overview, https://www.android.com/safety/emergency-help/emergency-location-service/
(last visited Jan. 17, 2024) (``ELS works on over 99% of active
Android devices running OS4.4 and up, with Google Play Services
installed-no new hardware or activation required.''); Apple Sept.
24, 2019 Ex Parte at 2 (indicating that device-based hybrid location
is available from certain devices during call set-up and that
location-based routing can be enabled on models 6s and later running
iOS 13 and Apple Watch devices running watch OS 6).
---------------------------------------------------------------------------
75. Some commenters suggest that the Commission should require CMRS
providers to route 911 calls within five seconds to ``prevent a CMRS
provider from holding onto a call for eight to ten seconds or even
longer waiting for a location fix.'' \113\ We decline to adopt this
requirement because doing so could incentivize CMRS providers to hold
wireless 911 voice calls and RTT communications to 911 for the full
five seconds when location information does not meet the threshold for
accuracy, which could result in delays for wireless 911 voice calls and
RTT communications to 911. The requirement that location information be
available at time of routing, as the Commission stated in the notice of
proposed rulemaking, ``is intended to avoid delay in transmitting 911
calls and texts because there would be no requirement to hold calls and
texts for purposes of obtaining a routing fix.'' Intrado points out
that deploying location-based routing under the Commission's proposed
framework ``renders moot the potential need for call holding.'' We
agree that the framework as adopted avoids
[[Page 18505]]
introducing new delays for wireless 911 voice calls and RTT
communications to 911. Conversely, if we were to set a maximum five-
second time frame for routing, it could incentivize CMRS providers to
hold calls and RTT communications at the network for the full five-
second window to ensure routing based on ``best available'' location.
This in turn could create delays in connecting callers to a PSAP and
cause some callers to terminate their 911 calls. To avoid such adverse
impacts, we decline to set a maximum time frame for routing wireless
911 voice calls or RTT communications to 911.
---------------------------------------------------------------------------
\113\ NASNA NPRM Comments at 14; see also COPUC NPRM Comments at
6-7; iCERT NPRM Comments at 3 (``[W]e support the FCC's proposal to
require use of LBR when the wireless network provider can determine
the location of the caller within the recommended five-second
window. If the caller's location is not available within this
timeframe, the provider should use traditional cell site-based
methods.''); see also BRETSA NPRM Reply at 14-15 (arguing that
minimum hold times might increase the percentage of calls that can
be routed on device-based hybrid location information where
providers still operate 3G networks, or that 911 authorities may
wish to participate in tests to determine whether holding calls
would allow for additional calls on IP-based networks to be routed
using location-based routing).
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76. We also decline to specify, as suggested by DISA, that the
location information used for routing be determined ``at origination
(setup) of [a] voice call.'' While we expect that location for most
calls will be determined at origination, DISA's proposal could
inadvertently be too restrictive, if location were to arrive after the
setup of a voice call but before routing. We believe it is sufficient
to require only that location information be available at the time of
call routing, regardless of when the location is determined.
77. NGA 911 asserts that a timeliness requirement ``appears to
leave a big gap in the implementation because a carrier may always be
able to claim the information was not available at time of call
routing.'' The record indicates, however, that CMRS providers are
already deploying technology that routinely provides the required
location information at the time of call routing with no delay. For
example, Intrado states that in AT&T's network, location information
meeting the threshold is available in time to route wireless 911 voice
calls 80% of the time, and that routing on the network ``requires no
call delay.'' We intend to monitor the deployment and use of location-
based routing on CMRS provider networks with reporting requirements
discussed herein. Should we learn that some CMRS providers are not
taking full advantage of available technology that provides location-
based routing information at the time of the call, we will consider
whether additional measures are needed.
b. Accuracy Threshold
78. Turning to the required accuracy threshold for location-based
routing, we adopt the requirement that CMRS providers use location-
based routing to route wireless 911 voice calls and RTT communications
to 911 if the location information available at the time of routing
identifies the horizontal location of the device within a radius of 165
meters at a confidence level of at least 90%. This requirement is
consistent with the requirement the Commission proposed in the notice
of proposed rulemaking.
79. We adopt the 165-meter threshold with a confidence level of at
least 90% in light of the demonstrated efficacy of location-based
routing using such a threshold and because this threshold provides
enough flexibility to be compatible with nationwide CMRS providers'
existing implementations of location-based routing. We believe that
this location accuracy threshold will substantially reduce the number
of misroutes associated with legacy E911 routing. AT&T has applied a
location accuracy threshold with a radius of 165 meters at a confidence
level of 90% in its own network. Intrado states that location
information meeting this location accuracy threshold is available to
AT&T's network to route calls 80% of the time, and most calls route on
information that identifies the location of the device within 50
meters. As a result, AT&T's solution ``provid[es] a more optimal route
than sector-based routing for approximately 10% of all wireless 911
calls'' and ``[t]herefore, 10% of calls will be getting to the correct
PSAP on the first try and will not require transfers from the
neighboring PSAP.''
80. We agree with public safety entities and Intrado that it is
imperative that we set an accuracy threshold that is realistic in light
of existing technology while also providing room for future
technological improvement.\114\ APCO supports the proposed location
accuracy threshold but remains open to an alternative that ``strikes an
appropriate balance between how often the device's location will be
known quickly and accurately enough to use location-based routing
rather than cell-sector based routing, and how effective the use of
location-based routing will be at delivering the call to the correct
ECC [emergency communications center].'' AT&T supports a location
accuracy threshold ``that the Commission believes would represent a
significant improvement over cell-based routing methodologies.''
---------------------------------------------------------------------------
\114\ APCO NPRM Comments at 2; Adams County et al. NPRM Comments
at 3 (``The proposed confidence levels are acceptable, but ideally,
over time, the radiuses and confidence levels in the proposed rule
should be tightened so that 911 calls are routed more precisely.'');
BRETSA NPRM Comments at 8 (``Intrado has found that LBR from hybrid
device location information will allow accurate routing of wireless
9-1-1 calls over 80 percent of the time using thresholds of 165
meters and a 90 percent confidence level. The Commission should
require national and regional wireless providers [to] implement LBR
at the earliest possible time.'' (Footnote omitted, citing Intrado
PN Comments at 9)); Intrado NPRM Comments at 5.
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81. Some wireless industry commenters oppose the proposed location
accuracy threshold and claim that additional flexibility is needed for
providers to set individualized thresholds.\115\ Verizon argues that a
rigid location accuracy threshold is unnecessary to meet the
Commission's public safety objectives and that any particular location
accuracy threshold should at most serve as a safe harbor. ATIS asserts
that providers should ``strive'' but not be mandated to produce
location information for purposes of routing within a radius of 300
meters or less at a confidence level of 90%.\116\ ATIS also asserts
that it is developing best practices for carriers to implement
location-based routing, and T-Mobile states that the Commission should
wait for these best practices before requiring specific distance and
confidence metrics for location-based routing.\117\ We encourage ATIS
to conclude any such efforts on a timeline that is consistent with the
requirements adopted.
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\115\ CTIA NPRM Comments at 5; T-Mobile NPRM Comments at 10;
Verizon NPRM Comments at 3; ATIS NPRM Comments at 3-4; see also
Southern Linc NPRM Reply at 5-6 (agreeing with ATIS, T-Mobile,
Verizon, and CTIA that it is premature to adopt specific metrics).
\116\ ATIS NPRM Comments at 4. We note that a location accuracy
threshold with a radius of 300 meters would also be an acceptable
location-based routing implementation under the rules we adopt.
\117\ T-Mobile July 26, 2023 Ex Parte at 2; T-Mobile NPRM Reply
at 3-4; T-Mobile NPRM Comments at 9; see also ATIS NPRM Comments at
4 (``[T]he Commission should defer to the recommendations regarding
the feasibility of location accuracy from industry groups such as
ATIS ESIF.'').
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82. We conclude that a mandatory threshold is necessary. The
accuracy threshold we set ensures that all CMRS providers will use
location-based routing nationwide for 911 calls and RTT communications
to 911 when location information at the time of routing meets a high
accuracy standard. We also disagree that there is a need to wait for
the development of best practices, as the location-based routing rules
we adopt require CMRS providers to use this methodology when the
location information available to the network is highly accurate, and
further permit CMRS providers to use location-based routing
methodologies in additional scenarios. We observe that the nationwide
CMRS providers have all completed or are currently implementing
location-based routing on their IP-based networks, and all use
location-based routing to route wireless 911 voice calls when available
location meets this mandatory threshold for
[[Page 18506]]
precision.\118\ While no best practices have currently been developed,
CMRS providers' implementations indicate a practical consensus that
location-based routing can consistently be used when location
information meets this threshold. We therefore decline to condition
compliance with these rules on the completion of best practices by
ATIS. We encourage ATIS to develop best practices to promote optimal
routing on CMRS providers' networks.
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\118\ Verizon and T-Mobile also use location-based routing for
less precise location estimates.
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83. While we require CMRS providers to use location-based routing
when available location information is within a 165-meter radius at a
standardized 90% confidence level, we emphasize that CMRS providers may
also use location-based routing when location information available at
time of routing is less precise than the accuracy threshold we adopt.
To this extent, we agree with Verizon that CMRS providers should have
flexibility to identify ``provider-optimized threshold range[s] to
accommodate individual service providers' vendor capabilities and user
device capabilities.'' We therefore provide flexibility to providers to
set their own thresholds for use of location-based routing at a radius
exceeding 165 meters at a 90% confidence level. While AT&T uses the
165-meter accuracy threshold, Verizon and T-Mobile have implemented
accuracy thresholds of 200 meters and 300 meters, respectively, with a
standardized 90% confidence level.\119\ This formulation provides
flexibility for all three nationwide CMRS providers to continue
applying their respective thresholds for determining when to use
location-based routing for 911 calls and RTT communications to 911.
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\119\ Intrado notes that AT&T's threshold is 165 meters at a 90%
confidence level. Intrado PN Comments at 9. T-Mobile indicates that
its threshold is 300 meters at a 90% confidence level. T-Mobile July
26, 2023 Ex Parte at 1. Verizon indicates that its threshold is 200
meters at a 90% confidence level. Verizon July 13, 2023 Ex Parte at
1.
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84. We confirm that the location accuracy threshold used for
location-based routing of a radius of 165 meters at a confidence level
of at least 90% would apply equally to both estimated civic address and
coordinate-based location. We agree with NENA that a CMRS provider may
have access to an estimated civic address for a calling device that may
be used for location-based routing.\120\ Many fixed broadband internet
access devices, particularly those provided to the consumer by the
broadband service provider, are permanently located at a civic (street)
address, which is known to the network provider.\121\ If a CMRS
provider has access to either an estimated civic address or coordinate-
based location that represents a horizontal location uncertainty level
of the device within a radius of 165 meters at a confidence level of at
least 90% and that location is available at time of routing, the CMRS
provider must use such information to comply with the Commission's
location-based routing rules.
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\120\ NENA NPRM Comments at 3 (arguing that ``location-based
routing rules should apply equally to geodetic and civic locations
known to the originating service provider'').
\121\ Amending the Definition of Interconnected VoIP Service in
Section 9.3 of the Commission's Rules; Wireless E911 Location
Accuracy Requirements; E911 Requirements for IP-Enabled Service
Providers, GN Docket No. 11-117, PS Docket No. 07-114, WC Docket No.
05-196, Third Report and Order (76 FR 59916, September 28, 2011) and
Notice of Proposed Rulemaking and Second Further Notice of Proposed
Rulemaking (76 FR 47114, August 4, 2011), 26 FCC Rcd 10074, 10105,
para. 92 (2011). Examples of scenarios in which the CMRS provider
would have an estimated civic address include a caller connecting to
the network using a Wi-Fi access point or femtocell. See id.
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c. Default to Best Available Location Information
85. In the notice of proposed rulemaking, the Commission proposed
that when location information does not meet one or both thresholds for
accuracy and timeliness under our rules, CMRS and covered text
providers would be required to route wireless 911 voice calls and texts
to 911 based on the best location information available at the time the
call is routed, which may include cell tower coordinates. We adopt this
requirement as proposed for CMRS providers' routing of wireless 911
voice calls and RTT communications to 911. We find that this approach
allows flexibility for CMRS providers to determine the best available
location information for routing when the available location
information does not meet the thresholds for timeliness and accuracy.
86. Commenters generally support a flexible fallback approach to
routing of calls and texts that do not meet the timeliness and accuracy
thresholds for location-based routing.\122\ As the Commission stated in
the notice of proposed rulemaking, a requirement to default to best
available location information is consistent with ATIS-0500039, which
assumes that ``the fallback for location-based routing should be cell
sector routing `for cases wherein no position estimate is available in
time to be used for [location-based routing] or the position estimates
lack requisite accuracy.' '' This approach is also consistent with
current CMRS provider deployments of location-based routing, which
default to legacy E911 routing when location does not meet carriers'
individually-set thresholds for accuracy and timely availability. For
scenarios in which available location information does not meet the
accuracy or timeliness thresholds, we believe that the CMRS provider is
best suited to make the determination of the location information that
is most likely to support accurate call routing. Defaulting to best
available location information when preferred location is unavailable
is consistent with other Commission rules regarding the provision of
location information with 911 calls. In these rules, the Commission
requires providers to supply highly precise location information when
technically feasible but permits reliance on alternative location
information when highly precise location information is not
available.\123\
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\122\ Southern Linc NPRM Reply at 6 (stating that to the extent
available location information does not meet the requirements for
timeliness or location accuracy for a particular 911 call, CMRS
providers are in the best position to determine what kind of
location information constitutes the ``best available''); CTIA NPRM
Comments at 4-5; Verizon NPRM Comments at 4 (``Verizon agrees that
network-based routing will remain necessary as a fallback when
available location information does not meet the relevant accuracy
and confidence/uncertainty threshold. This approach serves 911
callers' needs as a large majority of calls using network-based
routing will be as reliable as LBR.''); DISA NPRM Comments at 2.
\123\ See, e.g., 47 CFR 9.16(b)(3)(ii) (stating that ``an on-
premises non-fixed device associated with a multi-line telephone
system shall provide to the appropriate PSAP automated dispatchable
location, when technically feasible; otherwise, it shall provide
dispatchable location based on end user manual update, or
alternative location as defined in Sec. 9.3'').
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87. Some commenters argue that CMRS providers should be required to
use tower-based routing when the device-based location information
available to the network at the time of routing exceeds the
threshold,\124\ or that the Commission should limit tower-based routing
to scenarios in which ``no other option exists.'' We agree with CTIA
and iCERT that location information that is less accurate than the
proposed accuracy threshold but more accurate than cell sector, for
example, device-based location information that arrives at the network
in time for routing but exceeds the 165-meter threshold, could still
enhance the
[[Page 18507]]
likelihood of routing the call to the appropriate PSAP, and the rules
we adopt allow the use of such information for routing if it is the
best available.
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\124\ Intrado NPRM Comments at 5 (``Intrado recommends that when
the location information does not meet these timing/accuracy
specifications, the proposed rules require fallback to tower-based
routing rather than best available location information consistent
with current CMRS deployments of LBR and industry standards.'');
NASNA NPRM Comments at 12; COPUC NPRM Comments at 6.
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88. We make minor modifications to the rule to clarify that the
``best available location information'' to the network at time of
routing may take several forms. In the notice of proposed rulemaking,
the proposed rule stated that best available location information ``may
include the latitude/longitude of the cell tower.'' We emphasize that
the Commission used the latitude/longitude of the cell tower only as an
illustrative example and that this language was not intended to limit
CMRS providers to only using cell tower coordinates as a default or
fallback. Southern Linc states that the most effective way to minimize
misroutes is to enable CMRS providers to route calls based on the best
location information available at the time of the call, regardless of
the technology or solution. We agree. NENA states that the most
appropriate geodetic location for each sector would be the centroid of
the area served by each cell sector, instead of the coordinates of the
cell tower. We revise the proposed rule language to indicate that when
information of a device's location does not meet either one or both
requirements for timeliness and accuracy, CMRS providers must route the
wireless 911 voice calls or RTT communications to 911 based on the best
available location information, which may include, but is not limited
to, device-based location information that does not meet the timeliness
and accuracy requirements, the centroid of the cell sector that first
picks up the call, or other location information.
d. Validation
89. In the notice of proposed rulemaking, the Commission sought
comment on whether to require validation of location information for
wireless 911 voice calls and texts to 911 for purposes of location-
based routing and, if so, what validation steps CMRS and covered text
providers should be required to take. Some commenters support
validation, citing concerns that 911 calls can be spoofed or
purposefully misrouted for swatting incidents. However, AT&T states
that in its experience, invalid location under location-based routing
is ``extremely rare.'' BRETSA contends that requiring validation would
be counterproductive because ``[v]alidating caller/device locations
against cell-site (Phase I) location would appear to defeat the purpose
of device-based LBR.'' \125\
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\125\ BRETSA NPRM Reply at 10. BRETSA states that ``[r]eference
to the tower location for verification would simply invalidate the
caller location in those cases in which the caller is located in a
jurisdiction other than that in which the PSAP to which 9-1-1 calls
received by the cell site are default routed. It would result in the
very misrouting of the call LBR is being implemented to correct.''
Id. at 11.
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90. We decline to implement a validation requirement for the
location information used by CMRS providers for routing at this time,
as validation protocols are still evolving.\126\ We will continue to
monitor location information validation and will consider validation
requirements for CMRS providers if such requirements become necessary.
To aid in this monitoring, in the certification and reporting
requirements discussed herein, we adopt requirements for CMRS to
collect and report information on validation procedures they use with
location-based routing.
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\126\ Most commenters who address the issue oppose a validation
requirement. See, e.g., AT&T NPRM Comments at 4-5; T-Mobile NPRM
Comments at 10; T-Mobile NPRM Reply at 4; Verizon NPRM Comments at
4; Verizon NPRM Reply at 2; ATIS NPRM Comments at 4-5; BRETSA NPRM
Reply at i, 10-11.
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B. Delivery of Wireless 911 Calls and Texts to NG911 Networks
91. In the notice of proposed rulemaking, the Commission proposed
requiring CMRS and covered text providers to deliver 911 calls, texts,
and associated routing information in IP format upon request of 911
authorities who have established the capability to accept NG911-
compatible IP-based 911 communications. In the subsequent NG911 Notice
of Proposed Rulemaking, the Commission proposed similar requirements
for wireline, interconnected VoIP, and internet-based TRS providers.
Several commenters express support for addressing IP delivery
requirements for CMRS and covered text providers as part of a
consolidated NG911 proceeding.\127\
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\127\ CTIA July 3, 2023 Ex Parte at 2; Intrado NPRM Comments at
2, 5-6; Texas 9-1-1 Entities NPRM Comments at 5-6 n.21; NENA NPRM
Reply at 5 (``NENA supports Intrado's request to initiate an NG9-1-1
proceeding to refresh the record on NG9-1-1.''); Verizon NPRM Reply
at 5 (``[C]oupling LBR with a framework for i3-based NG911
implementation would promote more efficient deployment by minimizing
redundant implementation of interim and i3 NG911-based LBR while
also rewarding wireless providers that have diligently worked to
support end-to-end i3-based NG911.''); see also GCI July 17, 2023 Ex
Parte at 1 (``[A]ddressing any new requirements for IP delivery of
wireless calls to PSAPs as part of the FCC's larger NG911 proceeding
will facilitate consistent rules across network types and will make
compliance with any new rules more efficient and effective for all
service providers.''); Alaska Telecom Association NPRM Comments at
8-9 (rec. Aug. 9, 2023) (filed in both PS Dockets 21-497 and 18-64)
(``[T]he FCC should address and align any new requirements for IP
delivery of wireless calls to PSAPs proposed in the LBR proceeding
(PS Docket No. 18-64) with any IP-delivery requirements adopted in
this NG911 proceeding.'').
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92. We agree that consolidating similar issues and aligning
requirements for NG911 services across different types of originating
service providers will result in more consistent rules and avoid
confusion among stakeholders. Accordingly, we defer consideration of IP
delivery for CMRS and covered text providers, including all associated
proposals and issues raised in the notice of proposed rulemaking, to
the NG911 transition proceeding, PS Docket No. 21-479. We acknowledge
the comments in the record of this proceeding regarding the
Commission's proposals on this issue, and we will address those
comments in the NG911 proceeding.\128\
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\128\ Commenters who filed comments on this issue in the docket
for this proceeding (PS Docket No. 18-64) do not need to re-file
their comments in PS Docket No. 21-479.
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C. Certification and Reporting Requirements
93. Certification and Reporting Requirements. In the notice of
proposed rulemaking, the Commission sought comment on whether it should
implement any new data collections to assist in monitoring compliance
with the proposed location-based routing rules. The Commission also
sought comment on what information providers should include and how
frequently they should be required to report. In addition, the
Commission asked whether it should require providers to certify that
they are in compliance with requirements for location-based routing.
94. NASNA and COPUC support an information collection to assess
compliance and implementation of location-based routing. To help the
Commission monitor compliance with the location-based routing
requirements we adopt, we adopt certain one-time certification and
reporting requirements. Specifically, we require that within sixty days
after CMRS providers' respective compliance deadlines, they must
certify that they are in compliance with the location-based routing
requirements applicable to them. As part of the certification, CMRS
providers must substantiate compliance by identifying specific network
architecture, systems, location validation,\129\ and procedures used to
comply with the location-based routing requirements. We also require
CMRS providers on a one-time basis to collect and report aggregate data
on the routing technologies used for live 911 calls in
[[Page 18508]]
the locations specified for live 911 call location data in Sec.
9.10(i)(3)(ii) of the Commission's rules. CMRS providers must collect
these data for a thirty-day period beginning on the applicable
compliance date.
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\129\ As we discuss herein, we do not require validation of
location information used for location-based routing. However, if
providers perform any validation of routing location data, they
should identify such practices as part of their certification.
---------------------------------------------------------------------------
95. CTIA requests that we establish a ``presumption of
confidentiality from disclosure of detailed network information'' that
is required to be included in the certifications outlined in the Report
and Order. In support of its request, CTIA states that ``wireless
providers customarily treat network information as confidential for
competitive and security reasons'' and cites to a proceeding in which
the Commission concluded that outage reports should be routinely
treated as confidential information and are presumptively protected
from public disclosure under the Freedom of Information Act. Based on
the current state of the record, we decline to establish a presumption
of confidentiality for the one-time certification and reporting
requirements adopted in the Report and Order. CMRS providers may
request confidential treatment under the Commission's existing
confidentiality rules \130\ for materials submitted pursuant to these
new requirements, specifying the information they wish to keep
confidential and providing the required justification. We note that the
Commission retains the right to release aggregated or anonymized data
that would not reveal specific information for which confidential
treatment has been sought, including doing so on its website, in order
to facilitate transparency and compliance with the rules. In addition,
nothing in this document or the Report and Order is intended to limit
the authority of state and local 911 agencies to publish 911 call data
to the extent authorized under state or local law.
---------------------------------------------------------------------------
\130\ See 47 CFR 0.459.
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96. CTIA requests that the Commission permit providers to submit
certifications in the public docket ``while separately allowing
providers to submit the required network information and live call data
directly to Commission staff.'' We direct the Public Safety and
Homeland Security Bureau to issue a Public Notice prior to the deadline
for nationwide CMRS providers to file compliance certifications and
live call data. Such a Public Notice will include necessary
instructions for CMRS providers to file certifications and reports in
compliance with the requirements adopted.
97. CMRS providers must file the required certifications and live
call data within 60 days after the compliance deadlines applicable to
them under the location-based routing rules. This means that for voice
calls to 911, a nationwide CMRS provider must file its certification
and live call data within 60 days after the six-month deadline for
deploying location-based routing technology on its IP-based networks,
and a non-nationwide CMRS provider must file its certification and live
call within 60 days after the 24-month deadline for deploying location-
based routing technology on its IP-based networks. In addition, all
CMRS providers that have implemented the capability for RTT
communications to 911 must file a certification within 60 days after
the 24-month deadline for deploying a technology that supports
location-based routing for RTT communications. We do not require live
call data reporting for RTT communications to 911.
98. Under the one-time reporting requirement for live 911 calls,
CMRS providers must collect and report on (1) the number and percentage
of wireless 911 voice calls routed with device-based location
information that meets the accuracy threshold we adopt (i.e., within a
radius of 165 meters or less at a confidence level of at least 90%);
(2) the number and percentage of wireless 911 voice calls routed with
device-based location information that exceeds that threshold (i.e.,
within a radius larger than 165 meters at a confidence level of 90%);
and (3) the number and percentage of wireless 911 voice calls routed by
tower-based routing. We believe that this information will help us
evaluate each CMRS provider's deployment of location-based routing. We
also encourage but do not require CMRS providers to include the number
of device-based location results being discarded as invalid in their
reports filed with the FCC. To minimize the reporting burden on CMRS
providers, we require them to collect and report on 911 routing methods
for live 911 voice calls only once, only for the areas specified for
live 911 call location data in Sec. 9.10(i)(3)(ii) of the rules,\131\
and only for a thirty-day period following specified compliance dates.
As noted above, we do not require similar reporting for RTT
communications to 911.
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\131\ 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. 47 CFR
9.10(i)(3)(ii). Non-nationwide CMRS providers are required to report
from alternative areas as specified in 47 CFR 9.10(i)(3)(ii)(D) and
(E).
---------------------------------------------------------------------------
99. We believe that these limited data collections strike an
appropriate balance between the public safety community's interest in
greater transparency with respect to compliance and our goal of
limiting the burden of responding to mandatory information collections,
particularly for small entities. These limited information collections
will promote transparency by ensuring that the public has a clear
understanding of timelines for providers' implementations of location-
based routing technology and the level of compliance with location-
based routing rules. Moreover, they will promote accountability by
requiring CMRS providers to show steps they are taking to ensure that
wireless 911 voice calls and RTT communications to 911 are routed to
the appropriate PSAP.
100. Recurring Reporting Requirements. The Commission also sought
comment on whether it should adopt recurring or ongoing reporting
requirements. NASNA and COPUC support requiring CMRS providers to
disclose on a recurring basis to the FCC how many 911 calls are routed
by location-based routing and how many are routed using legacy E911
call routing. NASNA and COPUC argue that ``[t]his will allow the
Commission to determine if certain carriers are resorting to default
routing more frequently than others, which may prompt an investigation
to determine if those carriers are making sufficient efforts to fully
implement LBR.'' RWA opposes recurring data collection and reporting
requirements as ``extremely burdensome'' for small providers, although
it suggests that the Commission could request performance data on a
voluntary basis. We believe that the one-time certification and
reporting requirements we adopt will be sufficient for providers to
demonstrate location-based routing implementation without posing an
undue burden for providers, particularly small entities. Therefore, we
decline to adopt ongoing reporting requirements.
101. Privacy and Security. The Electronic Privacy Information
Center (EPIC) expresses concern about potential misuse of emergency
location data and urges the Commission to clarify that the privacy and
security requirements for dispatchable location and z-axis location
data also apply to location-based routing data.\132\ EPIC also
[[Page 18509]]
urges the Commission to clarify the data use cases that fall within the
scope of ``911 purposes'' and to allow the use of such data only for
routing calls and dispatch assistance. In particular, EPIC urges the
Commission ``to clarify that law enforcement cannot use 911 location
data for investigative leads or for enforcement unrelated to the
purpose of the 911 call.'' EPIC also asks the Commission to clarify
that carriers are responsible for their third-party vendors'
collection, use, and disclosure of device-based location data.\133\
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\132\ See Electronic Privacy Information Center (EPIC) Notice of
Proposed Rulemaking Comments at 6-7 (rec. Feb. 16, 2023) (EPIC NPRM
Comments). The Commission's data privacy and security requirements
for dispatchable location and z-axis location information provide
that prior to use of dispatchable location information or z-axis
location information, respectively, to meet the location accuracy
requirements, CMRS providers must certify that neither they nor any
third party they rely on to obtain such location information will
use such location information or associated data for any non-911
purpose, except with prior express consent or as otherwise required
by law. 47 CFR 9.10(i)(4)(iv) and (v). The certification must state
that CMRS providers and any third party they rely on to obtain such
location information will implement measures sufficient to safeguard
the privacy and security of such location information. Id.
\133\ EPIC NPRM Comments at 7. EPIC states that ``[t]he location
data market is a multi-billion-dollar industry. Like many other
companies that collect location data, carriers have sold their
customers' information to data brokers who have then sold access to
anyone willing to buy--from bounty hunters to the government. The
disclosure and sale of location data has serious implications for
equity because vulnerable people are most likely to be the targets
of surveillance.'' Id. at 3 (footnotes omitted).
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102. We agree that it is imperative for service providers to ensure
the privacy and security of location-based routing information, and we
adopt a rule clarifying that the Commission's existing rules on the
privacy and security of dispatchable location and z-axis information
apply to information used for location-based routing. In particular, we
require CMRS providers to certify that neither they nor any third party
they rely on to obtain location information or associated data used for
compliance with the location-based routing requirements will use such
information or associated data for any non-911 purpose, except with
prior express consent or as otherwise required by law. The
certification also must state that the CMRS providers and any third
parties they rely on to obtain location information or associated data
used for compliance with the location-based routing requirements have
implemented measures sufficient to safeguard the privacy and security
of such information.\134\ These requirements make clear that CMRS
providers who work with third-party vendors in the context of location-
based routing are responsible for ensuring that those vendors take
appropriate measures to address privacy and security concerns.\135\ The
privacy and security certifications are due at the same time as the
other location-based routing certifications (i.e., within 60 days after
the compliance deadlines applicable to the CMRS providers under the
location-based routing rules).
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\134\ Under the definition we adopt, location information used
for location-based routing may include, but is not limited to,
device-based location information.
\135\ Wireless E911 Location Accuracy Requirements, PS Docket
No. 07-114, Sixth Report and Order and Order on Reconsideration, 35
FCC Rcd 7752, 7777, at para. 57 (2020), 85 FR 53234 (August 28,
2020).
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103. EPIC also asks the Commission to clarify how its privacy and
security rules, including those governing using, disclosing, and
permitting access to Customer Proprietary Network Information (CPNI),
apply to device-based location data.\136\ Section 222 of the
Communications Act of 1934, as amended, requires CMRS providers, among
others, to protect the confidentiality of location information and
prohibits them from using, disclosing, or permitting access to location
information without the customer's express prior authorization, but
provides an exception for the provision of a customer's call location
information to a PSAP or other emergency response authority in
connection with a 911 call.\137\ To help remove uncertainty for CMRS
providers, we clarify that the obligations that apply to dispatchable
location data also apply to location information used for location-
based routing, including device-based location data.
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\136\ See EPIC NPRM Comments at 5-6. The Commission's privacy
rules, including those governing the use, disclosure, and access to
CPNI, are at 47 CFR 64.2001 through 64.2011.
\137\ 47 U.S.C. 222(d)(4)(A).
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104. We decline EPIC's request to clarify the definition of ``911
purposes.'' We believe that the Commission's existing privacy
protections for 911 location data are sufficiently clear, and that
determining whether a particular use of location data is for ``911
purposes'' is likely to be a fact-specific inquiry best addressed on a
case-by-case basis as the need arises. We decline to address the issue
of law enforcement's ability to use 911 location data for investigative
or law enforcement purposes, as this is an area outside the
Commission's regulatory authority. We also decline EPIC's request to
require CMRS and covered text providers to delete location data as
outside the scope of this proceeding, as the notice of proposed
rulemaking did not propose or seek comment on requirements for data
minimization. We recognize data minimization as an important tool to
protect the privacy and security of customers' information, and we
encourage providers not to retain 911 location routing data longer than
is necessary to fulfill the 911 purpose of the data or comply with
applicable law.
105. Per-Call Disclosure Requirements. The Commission sought
comment on whether to require CMRS providers to disclose to PSAPs or
state or local 911 authorities the routing methodology used for each
911 call, although the Commission declined to propose such a
requirement. COPUC and BRETSA urge the Commission to require per-call
disclosure. COPUC states that ``[n]ot knowing whether the call was
routed using LBR technology or default E911 methodology, the PSAP will
have to follow up on every misrouted call to determine the cause of the
misroute.'' \138\ BRETSA states that routing methodology information
can allow dispatchers to assess the likelihood that they need to
transfer the call and the reliability of the caller location
information. However, T-Mobile and NENA argue that such a requirement
is unnecessary.\139\ T-Mobile asserts that the positioning technology
used to route each call is not actionable for PSAPs and that in a full
NG911 environment, positioning technology information will be available
with each call. NENA similarly states that NG911 system elements
already ``partly'' meet the need for per-call information on routing
mechanisms and that additional standards development is under way and
should meet this need ``in full.'' In light of the forthcoming
development of NG911 standards that will support disclosure of per-call
routing methodology, we agree with T-Mobile and NENA that any
incremental benefit from requiring such disclosures at this time would
not outweigh the potential costs of this requirement.
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\138\ COPUC NPRM Comments at 7 (also stating that if a call
``was routed using LBR and still was delivered to the wrong PSAP,
that indicates the possibility of an error in the GIS [geographic
information system] dataset being used by the CMRS provider to
determine the proper destination for the 911 call'').
\139\ AT&T NPRM Comments at 5; T-Mobile NPRM Comments at 8; T-
Mobile NPRM Reply at 5-6; NENA NPRM Comments at 6 (stating that
standards under development make such disclosure requirements
unnecessary, but also stating that ``[i]t is imperative that the
positioning source for the 9-1-1 caller is provided with the
call'').
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D. Additional Proposals
106. Several commenters raised additional issues or proposals in
response to the notice of proposed rulemaking. We discuss each of these
issues or proposals in turn below.
107. Role of Next Generation Core Services (NGCS) Providers. NENA
and T-Mobile indicate that the proposals in the notice of proposed
rulemaking
[[Page 18510]]
regarding routing obligations and ESInets may leave a regulatory gap
with respect to routing functions performed by ESInet administrators
and next generation core services (NGCS) providers.\140\ T-Mobile notes
that once a carrier hands the 911 call over to the NGCS provider at the
ESInet ingress point, the carrier cannot control how the call is
routed, and the notice of proposed rulemaking ``does not contemplate
that the NGCS provider is also required to use LBR when routing to the
appropriate PSAP.'' T-Mobile urges the Commission to ensure that
carriers do not ``bear the burden of noncompliance'' after the carrier
routes the 911 call to ESInets. Because the Commission only considered
requirements for CMRS and covered text providers in the notice of
proposed rulemaking, we decline to consider the role of NGCS providers
in routing at this time and defer to the NG911 transition proceeding in
PS Docket No. 21-479 the consideration of NGCS providers'
responsibilities with regard to location-based routing and any related
liabilities.
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\140\ NENA NPRM Comments at 11 (``Under the proposal to
establish an ESInet as a termination point for location, there may
exist a gap in regulatory coverage. There may be a need to apply
regulatory coverage to ESInet providers to ensure that calls and
location are delivered through the ESInet all the way to the
PSAP.''); T-Mobile NPRM Comments at 7 (asserting that there is a gap
in the NPRM with respect to routing obligations for calls delivered
to an ESInet and that ``[t]his raises the question of where the
burden of compliance rests if a call is misrouted in this
scenario'').
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108. 2019 Wireline Forbearance Memorandum Opinion and Order. We
received a comment from Mr. Ronald R. Fenwick urging the Commission to
revisit and revise a 2019 Memorandum Opinion and Order in another
proceeding which granted price cap incumbent Local Exchange Carriers
(LECs) forbearance from legacy regulatory obligations. Mr. Fenwick
asserts that the Memorandum Opinion and Order resulted in diminishing
subscribers to traditional landline services, and that wireless
customers are not properly apprised of the advantages of wireline
service. We decline to revisit the 2019 Memorandum Opinion and Order,
which does not deal with wireless services and is therefore outside the
scope of this proceeding.
109. Calls and Texts Originating Outside the United States. We
received a comment from staff of the Defense Information Systems Agency
(DISA) asking the Commission to consider location-based routing for 911
calls and texts originating outside the United States and its
territories. This request raises legal and policy issues that are
beyond the scope of this proceeding.
110. Location-Based Routing for VoIP. We received a comment from
DISA asking the Commission to apply location-based routing requirements
to ``landline-based VoIP 9-1-1 calls coming from Ethernet wired end
instruments and connecting to the Public Switch Telephone Network using
Session Initiation Protocol (SIP) trunks from an IP-PBX.'' We note that
in the Next Generation 911 proceeding (PS Docket 21-479), the
Commission proposed rules (NG911 Notice of Proposed Rulemaking)
requiring interconnected VoIP providers to complete all translation
necessary to deliver 911 calls, including associated location
information, in the requested IP-based format to an ESInet or other
designated point(s) that allow emergency calls to be answered. We defer
consideration of this issue to the Next Generation 911 proceeding.
E. Promoting Digital Equity and Inclusion
111. As noted in the notice of proposed rulemaking, the Commission
is engaged in a continuing effort to advance digital equity for
all,\141\ including people of color, persons with disabilities, persons
who live in rural or Tribal areas, and others who are or have been
historically underserved, marginalized, or adversely affected by
persistent poverty or inequality.\142\ The notice of proposed
rulemaking invited comment on equity-related considerations and
benefits, if any, that may be associated with the proposals and issues
under consideration. Specifically, the Commission sought comment on how
its proposals may promote or inhibit advances in diversity, equity,
inclusion, and accessibility.
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\141\ Section 1 of the Communications Act of 1934 as amended
provides that the FCC ``regulat[es] interstate and foreign commerce
in communication by wire and radio so as to make [such service]
available, so far as possible, to all the people of the United
States, without discrimination on the basis of race, color,
religion, national origin, or sex.'' 47 U.S.C. 151.
\142\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15205-06,
para. 59. The term ``equity'' is used here consistent with Executive
Order 13985 as the consistent and systematic fair, just, and
impartial treatment of all individuals, including individuals who
belong to underserved communities that have been denied such
treatment, such as Black, Latino, and Indigenous and Native American
persons, Asian Americans and Pacific Islanders and other persons of
color; members of religious minorities; lesbian, gay, bisexual,
transgender, and queer (LGBTQ+) persons; persons with disabilities;
persons who live in rural areas; and persons otherwise adversely
affected by persistent poverty or inequality. See E.O. 13985, 86 FR
7009, Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government (Jan. 20,
2021).
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112. Several parties submitted comments on these issues. NENA
states that location-based routing should be deployed regardless of a
jurisdiction's NG911 status and that ``[i]t would be inequitable to
restrict the life-saving benefits of location-based routing'' only to
those ``with the good fortune of having an emergency in a convenient
location'' with NG911 capability. As discussed herein, we adopt rules
that require CMRS providers to implement location-based routing on
their IP-based networks for wireless 911 voice calls nationwide,
regardless of whether a particular jurisdiction has NG911 capability.
These rules will help to ensure that location-based routing is
available for wireless 911 voice calls nationwide and regardless of the
service provider the caller has chosen.
113. NASNA notes that in the notice of proposed rulemaking, the
Commission sought comment not just on equity-related considerations,
but also ``on the degree to which funding and operating transitional
facilities extend the timeline and add to the cost incurred by state
and local 911 authorities to transition to NG911.'' NASNA believes that
``these two issues are inextricably linked,'' and NASNA raises ``the
issues facing our members in providing equal access to 911 services to
all citizens through local NG911 systems.'' Pointing to the NG911
Notice of Proposed Rulemaking comment record as well, NASNA urges that
``the equity-access consideration for 911 at this point in time should
begin at the network level in which 911 calls themselves are
transported.'' NASNA states, ``If all those calling or texting 911 do
not have a consistent level of access to network functionality, we
believe the gap in digital disparity in effective and reliable access
to 911 across the country will widen all the more.'' Because NASNA's
comments regarding equity and access are more closely related to the
NG911 proceeding than the instant proceeding, we defer consideration of
these points to the NG911 proceeding.
114. COPUC advocates for applying the same implementation time
frames for 911 texts that are being applied to wireless 911 voice calls
(i.e., six months for nationwide CMRS providers and eighteen months for
non-nationwide CMRS providers) as ``a matter of equity for 911 users
that rely on text-to-911.'' \143\ As discussed herein, at this
[[Page 18511]]
time we decline to require location-based routing for text-to-911
services other than RTT communications to 911 in the absence of
technical standards for location-based routing for SMS. However, we
reiterate our commitment to monitoring the development of standards,
products, and other advances affecting location-based routing for SMS
text-to-911.
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\143\ COPUC NPRM Comments at 8; see also NENA NPRM Reply at 9
(concurring with NASNA's equity comments on supporting location-
based routing for text-to-911, but arguing that the Commission's
rules ``should not back the market into adopting non-standardized
technologies for a legacy platform'' and encouraging only voluntary
deployment of location-based routing for ``interim'' text-to-911).
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115. EPIC states that government entities, carriers, and others
have misused location data to target individuals and groups, and says
that ``the lack of clear privacy and security safeguards would have a
disproportionately negative impact on certain vulnerable groups.''
\144\ As discussed herein and consistent with certain of EPIC's
requests, we adopt a requirement applying the Commission's existing
rules on the privacy and security of dispatchable location and z-axis
information to location-based routing information.
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\144\ EPIC NPRM Comments at 1; see id. at 2, 8 (noting that
Microsoft also raised similar privacy and security concerns in
earlier comments in the instant proceeding).
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116. In sum, we acknowledge the importance of the continuing effort
to advance digital equity for all. We believe that the rules we adopt,
requiring CMRS providers to implement location-based routing on their
IP-based networks for wireless 911 voice calls nationwide and requiring
CMRS providers to implement location-based routing where they deploy
RTT capabilities, will help to advance those goals.
F. Summary of Benefits and Costs for Location-Based Routing
117. As we discuss below, the implementation of location-based
routing has potential annual benefits of over $173 billion in terms of
reduced mortality and reduced call transfer burdens to PSAPs. We
determine that the rules we adopt, which will affect CMRS providers,
will result in an industry-wide compliance cost of $215 million.
1. Benefits of Location-Based Routing
118. We believe that the Commission's benefit assessment from the
notice of proposed rulemaking remains valid. The Commission estimated
that implementation of location-based routing would save 13,837 lives
annually. While the Commission did not attempt to place a value on
human life, it relied on the U.S. Department of Transportation's (DOT)
valuation of a statistical life (VSL) of $11.8 million from base year
2021.\145\ The Commission estimated that the benefit of reduced
mortality would be 13,837 x $11.8 million or approximately $163
billion, but stated that this estimate was conservative.\146\ We
received no comments on the estimated reduced mortality benefit. Using
the latest VSL of $12.5 million for base year 2022,\147\ our new
estimate of reduced mortality benefit is approximately $173 billion for
wireless voice calls to 911. At this time, we have no data on the
number of RTT communications to 911 to estimate a benefit from this
service,\148\ but we anticipate that as RTT usage becomes more
widespread, significant reduced mortality benefits will accrue.
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\145\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15207-08,
para. 62 & n.162 (citing U.S. Department of Transportation,
Departmental Guidance on Valuation of a Statistical Life in Economic
Analysis (Mar. 4, 2022) (later updated May 1, 2023), https://www.transportation.gov/office-policy/transportation-policy/revised-departmental-guidance-on-valuation-of-a-statistical-life-in-economic-analysis).
\146\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15207-08,
para. 62 (stating that the estimate does not include ``the value of
reduced human suffering and property destruction occurring due to a
delayed arrival of first responders'' or ``the benefits of location-
based routing for text messages'').
\147\ See U.S. Department of Transportation, Departmental
Guidance on Valuation of a Statistical Life in Economic Analysis
(effective May 1, 2023), https://www.transportation.gov/office-policy/transportation-policy/revised-departmental-guidance-on-valuation-of-a-statistical-life-in-economic-analysis.
\148\ Respondents reported a combined total of 824,609 texts to
911 in 2022. Fifteenth Annual 911 Fee Report at 12-13, para. 14.
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119. The Commission sought specificity on the time and cost savings
to PSAPs and state and local 911 authorities under the proposed rules.
While we received no specific figures in the record, BRETSA agrees that
misrouting of 911 calls ties up resources at the PSAP to which the call
was misrouted and delays receipt of the call at the PSAP that can
dispatch first responders, while T-Mobile states that call transfers
can delay emergency response and result in the loss of vital incident
information, including caller location. The Commission estimated that
with implementation of location-based routing, ``1,368,000 calls would
avoid the need for a transfer due to a misroute, reducing the response
time for these calls by one minute.'' \149\ This would result in a time
savings of 22,800 hours annually for PSAPs, although NENA estimates
that call transfers consume over 200,000 hours per year of excess 911
professional labor. We estimate the mean wage of 911 call operators to
be $25.04 per hour,\150\ which leads to an estimated total labor cost
of $36.31 per hour after accounting for benefits.\151\ We estimate that
PSAPs would realize an annual savings benefit range of approximately
$0.8 million to $74.3 million per year for wireless 911 voice
calls.\152\ We do not have sufficient data to estimate such a benefit
for RTT, though we similarly anticipate that time and cost savings
benefits for PSAPs will accrue for RTT as usage grows.
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\149\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15206-07,
para. 61 n.161. NENA estimates that 80% or more of the total calls
to 911 annually are from wireless devices. NENA, 9-1-1 Statistics,
https://www.nena.org/page/911Statistics (last visited Jan. 17,
2024). According to the National Association of State Emergency
Medical Services Officials (NASEMSO), local Emergency Medical
Services (EMS) agencies respond to nearly 28.5 million 911
dispatches each year. NASEMSO (Laura French), National Association
of State EMS Officials releases stats on local agencies, 911 Calls
(Apr. 10, 2020), https://www.ems1.com/ambulance-service/articles/national-association-of-state-ems-officials-releases-stats-on-local-agencies-911-calls-LPQTHJrK2oIpxuR1/. Assuming that 80% of these
calls are from wireless devices yields an estimate of 22.8 million
wireless calls for 911 dispatch annually. The Commission estimated
that 12% of the wireless calls for dispatch (or 2,736,000 calls)
would be misrouted. Notice of Proposed Rulemaking, 37 FCC Rcd at
15206-07, para. 61 n.161 (citing ATIS-0500039 at 4). The Commission
also estimated that location-based routing with a horizontal
uncertainty value of 300 meters would resolve approximately 50% of
these misroutes. Id. (citing ATIS-0500039 at 13). Accordingly, the
Commission estimated that 1,368,000 calls would avoid the need for a
transfer due to a misroute, reducing the response time for these
calls by one minute. Id.
\150\ The mean wage for Public Safety Telecommunicators in May
2022 was $23.74 per hour. U.S. Bureau of Labor Statistics,
Occupational Employment and Wages, May 2022, 43-5031 Public Safety
Telecommunicators (Apr. 25, 2023), https://www.bls.gov/oes/current/oes435031.htm. The average hourly private wage increased by 5.5%
according to the Bureau of Labor Statistics between May 2022 and
August 2023, so to correct for inflation we increase the wage
estimate by 5.5% to $25.04 per hour. Federal Reserve Bank of St.
Louis, Average Hourly Earnings of All Employees, Total Private
(CES0500000003), https://fred.stlouisfed.org/series/CES0500000003
(last visited Jan. 17, 2024) (Inflation Adjustment).
\151\ To account for benefits, we mark up wages by 45%, which
results in total hourly compensation of $25.04 x 145% = $36.31.
According to the Bureau of Labor Statistics, as of June 2023,
civilian wages and salaries averaged $29.86/hour and benefits
averaged $13.39/hour. Total compensation therefore averaged $29.86 +
$13.39, rounded to $43.26. See Press Release, Bureau of Labor
Statistics, Employer Costs for Employee Compensation--June 2023
(Sept. 12, 2023), https://www.bls.gov/news.release/pdf/ecec.pdf.
Using these figures, benefits constitute a markup of $13.39/$29.86 ~
45%.
\152\ PSAPs would realize an annual savings benefit of 1,368,000
calls x 1 minute (0.0166 hours) x $36.31, or over $828,000 per year.
Using NENA's estimate, PSAPs would realize a savings benefit of
200,000 hours x $36.31, or approximately $7.3 million per year.
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2. Costs of Implementation
120. In the notice of proposed rulemaking, the Commission provided
separate cost estimates for materials and labor. The Commission sought
comment
[[Page 18512]]
on, inter alia, hardware, software, services, GIS, and testing;
provider costs and timelines necessary to work with OS-based location
providers; costs for providers to implement the required software,
hardware, and service upgrades to comply with proposed rules; and how
many work-hours and what kind of workers would be required; and planned
or expended costs by providers that have implemented or plan to
implement location-based routing. RWA and BRETSA state that non-
nationwide and smaller carriers have not determined actual costs. We
did not receive specific cost information to better inform the
Commission's cost assessments. Commenters provided information about
network elements, tasks, and burdens that would factor into costs;
however, commenters generally discussed such factors in the context of
seeking more time to comply rather than cost aspects.\153\ RWA calls
for additional time and Federal funding to support carrier
implementation of location-based routing and alleges that RWA members
will not be able to comply with an unfunded mandate. As discussed
herein, we are increasing the timelines for non-nationwide CMRS
providers to implement location-based routing for wireless 911 voice
calls and RTT communications, and deferring consideration of location-
based routing requirements for texts to 911 and requirements to deliver
911 calls and texts in IP-based format.
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\153\ For example, CCA states that location-based routing
implementation will be economically and practically infeasible in
the proposed eighteen-month timeline for non-nationwide carriers,
noting that a nationwide carrier took four years. CCA NPRM Comments
at 2.
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121. Material Costs. The Commission tentatively concluded that CMRS
providers implement location-based routing at the PSAP level, while
CMRS providers incur material costs on a per-PSAP basis. The Commission
estimated that the average material cost of software features or
component upgrades for each CMRS provider would be $10,000 per PSAP as
an upper bound, with an ``implied material cost upper bound [of]
approximately $106 million.'' \154\ We received no comments to inform
the Commission's material cost estimate for CMRS providers to deploy
location-based routing to PSAPs they serve. However, commenters
identified core network elements necessary to implement location-based
routing. Intrado states that carriers will need to implement geospatial
routing capable Gateway Mobile Location Centers (GMLCs) so that routing
decisions will occur within their networks.\155\ CCA states that
``[i]ncorporating location-based routing into the wireless ecosystem .
. . requires a carefully orchestrated series of changes that affects
the wireless carriers' device inventory, transport networks, and
several aspects of the core network systems. These potentially include
access and mobility management, data authentication, geospatial data
repository functions, session management, and network security.'' CCA
further states that carriers will need to ``implement the array of
device upgrades and non-standard, proprietary network solutions needed
for location-based routing.'' RWA describes hardware and software
modifications needed to implement location-based routing as a ``massive
expense,'' and notes that member budgets for capital expenses are
``already pared close to the bone.''
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\154\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15210-11,
para. 71. The Commission assumed no material costs for AT&T because
it has already deployed location-based routing to its network. Id.
at 15210, para. 71. The Commission stated (at the time of the notice
of proposed rulemaking) that it is unclear the extent to which
Verizon plans to implement location-based routing, and did not
estimate Verizon's material costs. Id. at 15210-11, para. 71. The
Commission found that T-Mobile has yet to implement location-based
routing to 4,896 PSAPs, while non-nationwide CMRS providers
collectively must upgrade 5,728 PSAPs, with any PSAP receiving
service from usually one non-nationwide CMRS provider along with the
nationwide CMRS providers. Id. at 15211, para. 71. The Commission
found that T-Mobile and non-nationwide CMRS providers need to
implement location-based routing for 10,624 PSAPs (4,896 + 5,728),
at $10,000 per PSAP, for a cost of approximately $106 million. Id.
\155\ Intrado NPRM Comments at 3. NENA defines a GMLC as ``the
point of interface between the GSM [Global Standard for Mobile
Communications] wireless network and the Emergency Services Network.
The GMLC retrieves, forwards, stores and controls position data
associated with wireless callers. This includes the processing of
location requests and updates (rebids).'' NENA, GMLC/MLC (Gateway
Mobile Location Center) (Sept. 13, 2021), https://kb.nena.org/wiki/GMLC/MLC_(Gateway_Mobile_Location_Center.)
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122. We agree with commenters that providers have certain material
costs associated with the network core that are not necessarily
dependent on the number of PSAPs they serve. We clarify, however, that
the material costs that we calculated on a per-PSAP basis in the notice
of proposed rulemaking also include other costs that are not
necessarily incurred at the PSAP. We agree that implementation costs of
upgrading equipment or software can, for instance, involve changes to
the network core. We also note that such costs vary with the size of
the network that remains to be converted to location-based routing,
especially if any equipment needs to be updated. We therefore chose the
per-PSAP basis because we find it a convenient proxy of remaining
network area. T-Mobile and Verizon report partial implementation of
location-based routing based on the number of PSAPs. For providers with
no known implementation, the number of their covered PSAPs serves as a
proxy for the size of their entire network. We therefore continue to
use the per-PSAP basis as a proxy for network size in our current
material costs calculations. We note, additionally, that even if the
per-PSAP cost that we use below were to double, the aggregate expected
costs of our rules would fall well below the expected benefits.
123. The latest NENA data indicate that 5,748 PSAPs operate in the
United States. AT&T has already deployed location-based routing
nationwide, so our rules impose no additional material costs for AT&T.
The Commission did not provide an estimate of T-Mobile's material costs
in the notice of proposed rulemaking. As of December 2023, T-Mobile
states that it has fully implemented location-based routing for 1,591
PSAPs, with an additional 596 PSAPs in progress. Thus, T-Mobile must
implement location-based routing to 3,561 remaining PSAPs. The
Commission did not provide an estimate of Verizon's material costs in
the notice of proposed rulemaking, but Verizon states that it has
``fully implemented LBR for 414 PSAPs; implementation is in progress
for an additional 277 PSAPs.'' Thus, the rules would impose no
additional material costs for existing and planned deployments to
Verizon for 691 PSAPs, which leaves 5,057 PSAPs remaining for Verizon
to implement location-based routing. The remaining CMRS providers
collectively must upgrade the full national set of 5,748 PSAPs,
assuming no more than one remaining CMRS provider serving a particular
PSAP.\156\ Using the Commission's $10,000 per PSAP upper bound in the
notice of proposed rulemaking, we estimate that CMRS providers
collectively need to deploy location-based routing to a total of 14,366
PSAPs,\157\ resulting in the
[[Page 18513]]
implied material cost of approximately $143.7 million.
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\156\ See Notice of Proposed Rulemaking, 37 FCC Rcd at 15211,
para. 71 (citing FCC, Mobile Deployment Form 477 Data (Jul. 29,
2022), https://www.fcc.gov/mobile-deployment-form-477-data, and
stating that ``[s]taff analysis of Form 477 data suggests that when
that when there is a fourth non-nationwide wireless provider in any
particular location, it is usually the only one'').
\157\ We count 3,561 PSAPs remaining for T-Mobile, 5,057 PSAPs
remaining for Verizon, and 5,748 PSAPs for the CMRS providers that
have not yet begun to implement location-based routing.
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124. Labor Costs. The Commission estimated that the labor cost per
CMRS provider is $366,600.\158\ The Commission explicitly mentioned the
tasks of installing equipment and running trials as part of this labor.
Commenters described other tasks such as internal planning, outreach,
and testing. Since these tasks do not involve materials but rather
involve work burdens, we categorize them as labor costs for the purpose
of this analysis.
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\158\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15211-12,
para. 72 (estimating that the labor cost of employing software
workers would be $35.25 per hour; that the upper bound of the time
to implement the upgrades with trials is 6 months (26 weeks), and
workers have a forty hour work week, or 1,040 hours per worker; that
ten simultaneous workers at a time on average is a generous upper
bound, resulting in 10,400 labor hours per CMRS provider; and that
the labor cost per CMRS provider is $366,600).
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125. Labor Costs (i): Internal Planning. CCA described CMRS
providers' internal planning tasks prior to implementation of location-
based routing, which we categorize under labor. CCA states that
carriers will need to vet and select potentially appropriate technical
location-based routing solutions, budget for related required
procurements, and make related plans to allocate and prioritize
necessary resources to the projects.\159\ CCA states that ``[t]he
proposed rule would require carriers with IP-based networks to make
major strategic decisions for their wireless networks'' and ``stand up
project teams [comprised] of senior engineers and business leaders with
specialized experience in network operations to assess the needs of the
marketplace and review the state of technology development globally,
nationally, and with respect to their individual network
technologies.'' CCA states that carriers will need to make ``a candid
assessment of existing network resources, the purposeful allocation of
limited technical and business resources, and a successful matching of
technology within the market to the unique features of that carrier's
network systems and status within the product evolution lifecycle'' and
conduct ``intensive'' decision making.
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\159\ CCA NPRM Reply at 5. The planning costs CCA cites include
``identifying acceptance of the technical implementation.'' CCA NPRM
Comments at 11.
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126. Labor Costs (ii): Outreach. Next, CCA described providers'
outreach tasks, such as collaboration with network and handset vendors;
and work with device makers, technology vendors, and software service
providers. However, CCA notes that non-nationwide CMRS providers face
challenges attracting attention and assistance from global and national
vendors who are more responsive to larger clients.
127. Labor Costs (iii): Deployment. Commenters provided few details
of labor tasks associated with deployment, including equipment and
device installation and upgrades.
128. Labor Costs (iv): Testing. Commenters described CMRS
providers' testing tasks involved with location-based routing
implementation. RWA states that providers will need to ``test, modify,
[and] perfect'' location-based routing solutions. CCA states that AT&T
performed extensive lab testing, performance testing, trials at PSAPs,
evaluation of results with its vendor Intrado, and additional PSAP
testing. CCA states that AT&T ``confirm[ed] the metrics, obtain[ed]
feedback from the PSAPs, and implement[ed] several proprietary
changes.''
129. While the notice of proposed rulemaking explicitly mentioned
the tasks of installing equipment and running trials as part of its
labor calculation, the estimate was not meant to be solely inclusive of
all tasks. According to Commission staff experience with typical
network upgrades, team members will often work on tasks from multiple
of the above categories of internal planning, outreach, deployment, and
testing. The notice of proposed rulemaking calculation assumes a large
team of ten workers over a period of six months to account for the
various phases of labor and shifting tasks amongst workers.
130. Absent more specific data in the record on each task category,
we rely on the Commission's labor cost estimation methodology per CMRS
provider.\160\ To better reflect the wide array of complex tasks,
including internal network planning, that would need to be undertaken
by highly skilled and senior staff, we will assume a higher wage for
the workers than that assumed in the notice of proposed rulemaking
because some of the tasks involved will have to be undertaken by senior
staff. To the extent that less senior staff would be necessary to
complete any of these tasks, we view the wage that we use as
conservatively high. Using the Bureau of Labor Statistics 75th
percentile wage for network engineers, we assume worker compensation to
be $81.29 per hour.\161\ Marking up hourly compensation by 45% to
account for benefits results in a total hourly compensation estimate of
$117.87. Assuming that work is completed over 26 work-weeks of five, 8
work-hour days, and a team of 10, the aggregate upper bound of work-
hours would be 10,400 and the total cost of those work-hours would be
$1,225,853. While non-nationwide CMRS providers will have 24 months
rather than six to implement location-based routing, smaller CMRS
providers have constraints on the number of staff they can assign to
any one project. In addition, while non-nationwide CMRS providers may
take longer to implement location-based routing, assigning the same
amount of work-time as nationwide CMRS providers represents both the
spreading out of tasks over a longer period and an overestimate since
non-nationwide CMRS providers have much smaller networks. Given that
AT&T has already implemented location-based routing, we estimate the
labor cost associated with implementation for the networks for the 56
remaining providers, plus T-Mobile and Verizon, to be $71.1 million
([ap] $1,225,853 x 58 providers = $71,099,474).\162\
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\160\ Notice of Proposed Rulemaking, 37 FCC Rcd at 15211-12,
para. 72 (estimating that the labor cost of employing software
workers would be $35.25 per hour; that the upper bound of the time
to implement the upgrades with trials is 6 months (26 weeks), and
workers have a forty hour work week, or 1,040 hours per worker; that
ten simultaneous workers at a time on average is a generous upper
bound, resulting in 10,400 labor hours per CMRS provider; and that
the labor cost per CMRS provider is $366,600).
\161\ The Bureau of Labor Statistics considers the title
``computer network architect'' to be synonymous with ``network
engineer.'' U.S. Bureau of Labor Statistics, Computer Network
Architects: What Computer Network Architects Do (Sept. 12, 2023),
https://www.bls.gov/ooh/computer-and-information-technology/computer-network-architects.htm#tab-2. To approximate the wages of
senior network engineers, we use the 75th percentile of the hourly
wage of computer network architects in May 2022, $77.06 per hour.
U.S. Bureau of Labor Statistics, Occupational Employment and Wages,
May 2022, 15-1241 Computer Network Architects (Apr. 25, 2023),
https://www.bls.gov/oes/current/oes151241.htm. After adjusting for
wage inflation to August 2023, the wage increases to $81.29 per
hour. See Inflation Adjustment.
\162\ To the extent that T-Mobile and Verizon have already begun
implementing location-based routing, this cost may be an
overestimate.
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131. In addition to network costs, several commenters indicate that
public safety-grade GIS data or shapefiles that precisely define PSAP
boundaries should be developed or provided, though they differ on which
parties should be responsible.\163\ We agree with
[[Page 18514]]
NENA that it is the responsibility of providers to maintain their own
jurisdictional maps. Accordingly, we assign the cost of maps to the
providers. We anticipate that map costs will largely be labor to update
already existing maps. To come up with a cost ceiling, we assume that
every provider will need to update its maps, even though many providers
likely have up-to-date maps. We anticipate that updating the map will
only entail labor costs for mapping specialists to update maps. In the
Supporting Document of Study Area Boundary Data Reporting in Esri
Shapefile Format, the Office of Information and Regulatory Affairs
estimates that it takes an average of 26 hours for a data scientist to
modify a shapefile.\164\ We believe that 26 hours would be an upper
bound of the time required for a party to update its maps. Given that
the average wage rate is $60.44/hour for data scientists in the
telecommunications industry,\165\ with a 45% markup for benefits, we
arrive at $87.63 as the hourly compensation rate for a data scientist.
We estimate an upper bound for the cost of map updating to be
approximately $134,000 ([ap] $87.63 per hour x 26 hours x 59 providers
= $134,424.42).
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\163\ Intrado NPRM Comments at 3 (suggesting carriers and the
PSAPs should develop GIS data); BRETSA NPRM Reply at ii (suggesting
state and/or local 911 authorities should develop GIS data); T-
Mobile NPRM Comments at 6 (suggesting that PSAPs should provide
shapefiles, though some PSAPs may not want to provide shapefiles
because they consider such information confidential); see also CCOA
NPRM Reply at 3; CTIA NPRM Reply at 3, 6-7 (agreeing with T-Mobile
regarding the need for accurate shapefiles of PSAP boundaries).
\164\ See Office of Information and Regulatory Affairs, Office
of Management and Budget, Executive Office of the President, 2022
Study Area Boundary Data Reporting in Esri Shapefile Format, DA 12-
1777 and DA 13-282, Supporting Statement--OMB Control No. 3060-1181,
at 5, para. 12 (Feb. 15, 2022), https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202202-3060-009; see also Wireless Emergency
Alerts; Amendments to Part 11 of the Commission's Rules Regarding
the Emergency Alert System, PS Docket Nos. 15-91 and 15-94, Third
Report and Order, FCC 23-88, at 37, para. 66 (Oct. 20, 2023).
\165\ The mean hourly wage for data scientists in the
telecommunications industry in May 2022 is $57.29. U.S. Bureau of
Labor Statistics, May 2022 National Industry-Specific Occupational
Employment and Wage Estimates NAICS 517000--Telecommunications (Apr.
25, 2023), https://www.bls.gov/oes/current/naics4_517000.htm. After
adjusting for wage inflation to August 2023, the wage increases to
$60.44 per hour. See Inflation Adjustment.
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132. In addition, the one-time certification of compliance with our
requirements together with the submission of data on call percentages
by routing methods will impose a one-time cost on CMRS providers. As
this required information should be available to each provider
internally, we anticipate work to compile this information to take no
longer than a week of five business days. We believe that one network
engineer would be sufficient to complete this task in this time frame,
resulting in a total provider cost of 40 work-hours. Assuming the same
hourly labor cost of network engineers as in the previous cost estimate
for network implementation, the total cost of reporting is $280,000
([ap] $117.87 per hour x 40 hours x 59 providers = $278,173.20).
133. The Commission sought comment on costs to state and local 911
authorities. Intrado and APCO state that PSAPs will not need to make
changes to their networks or call handling systems. We agree. Likewise,
because we find that providers must maintain their own jurisdictional
maps, we do not recognize any costs for state and local 911 authorities
and PSAPs.
134. Because we are adopting location-based routing requirements
for RTT, we also consider the costs for CMRS providers. Given that CMRS
providers process and route RTT communications similarly to voice
calls, we assume that CMRS providers' material and labor costs to
deploy location-based routing for RTT are included in our cost
estimates above. As part of this analysis, we note that as of the
release date of the Report and Order, we are aware of only a small
number of PSAPs that are receiving RTT communications.
135. In sum, we estimate upper bounds of the costs that CMRS
providers will bear to be material costs of $143.7 million, network
implementation costs of $71.1 million, GIS costs of $134,000, and
certification costs of $280,000. Altogether, the upper bound of costs
is approximately $215 million. However, we underscore that this cost is
far outweighed by the benefits of over $173 billion in terms of reduced
mortality and call transfer time eliminated.
II. Procedural Matters
136. Regulatory Flexibility Act. The Regulatory Flexibility Act of
1980, as amended (RFA),\166\ requires that an agency prepare a
regulatory flexibility analysis for notice and comment rulemakings,
unless the agency certifies that ``the rule will not, if promulgated,
have a significant economic impact on a substantial number of small
entities.'' \167\ Accordingly, we have prepared a Final Regulatory
Flexibility Analysis (FRFA) concerning the possible impact of the rule
changes contained in this document and the Report and Order on small
entities. The FRFA is set forth below.
---------------------------------------------------------------------------
\166\ See 5 U.S.C. 604. The RFA, 5 U.S.C. 601-612. The RFA was
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\167\ 5 U.S.C. 605(b).
---------------------------------------------------------------------------
137. Paperwork Reduction Act of 1995 Analysis. This document
contains new information collection requirements subject to the
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It will be
submitted to the Office of Management and Budget (OMB) for review under
section 3507(d) of the PRA.\168\ OMB, the general public, and other
Federal agencies will be invited to comment on the new information
collection requirements contained in this proceeding. In addition, we
note that, pursuant to the Small Business Paperwork Relief Act of
2002,\169\ we previously sought, but did not receive, specific comment
on how the Commission might further reduce the information collection
burden for small business concerns with fewer than 25 employees. The
Commission does not believe that the new information collection
requirements in Sec. 9.10(s)(4) and (5) will be unduly burdensome on
small businesses. We describe impacts that might affect small
businesses, which includes most businesses with fewer than 25
employees, in the FRFA below.
---------------------------------------------------------------------------
\168\ 44 U.S.C. 3507(d).
\169\ Public Law 107-198, 116 Stat. 729 (2002) (codified at 44
U.S.C. 3506(c)(4)).
---------------------------------------------------------------------------
III. Final Regulatory Flexibility Analysis
138. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the NPRM adopted in December 2022. The Commission
sought written public comment on the proposals in the NPRM, including
comments on the IRFA. No comments were filed addressing the IRFA. This
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Final Rules
139. Technical limitations of legacy Enhanced 911 (E911) routing
can result in a Commercial Mobile Radio Service (CMRS) provider routing
a wireless 911 call to a Public Safety Answering Point (PSAP) other
than the one designated by the relevant state or local 911 authority to
receive calls from the actual location of the caller. Misroutes can
occur for several reasons, including when more than one PSAP is within
the coverage area of a cell site or sector. Such legacy tower-based
routing results in approximately 12% of wireless 911 calls arriving at
the incorrect PSAP for the caller's location. When a 911 call is
misrouted, the answering telecommunicator must transfer the call to the
PSAP that has jurisdiction to
[[Page 18515]]
dispatch aid to the 911 caller's location, resulting in confusion and
an estimated delay of a minute or more in dispatch and response. This
delay can have deadly consequences. In addition, misroutes consume time
and resources for both the transferring PSAP and the receiving PSAP.
One national public safety organization estimates that these types of
call transfers consume over 200,000 hours per year of excess 911
professional labor.
140. In the Report and Order, the Commission adopted rules and
procedures to require CMRS providers to implement location-based
routing (LBR) for wireless 911 voice calls and real-time text (RTT)
communications to 911 nationwide. With location-based routing as
implemented under the Commission's rules, CMRS providers will use
precise location information to route wireless 911 voice calls and RTT
communications to 911 to the appropriate public safety answering point.
For the millions of individuals seeking emergency assistance each year
by wireless 911 voice call or RTT communication to 911, improving
routing for these services will reduce emergency response time and save
lives.
141. To facilitate the implementation of location-based routing for
wireless 911 voice calls and RTT communications to 911, the Commission
took the following actions:
The Commission required CMRS providers to deploy location-
based routing technology for wireless 911 voice calls and RTT
communications to 911 on their internet Protocol (IP)-based networks
(i.e., 4G LTE, 5G, and subsequent generations of IP-based networks).
The Commission also required CMRS providers to use location-based
routing to route wireless 911 voice calls and RTT communications to 911
originating on their IP-based networks when location information meets
certain thresholds for accuracy and timeliness.
The Commission required CMRS providers to use location-
based routing for wireless 911 voice calls and RTT communications to
911 when caller location information available to the CMRS provider's
network at time of routing is ascertainable within a radius of 165
meters at a confidence level of at least 90%. In the absence of these
conditions, CMRS providers must use alternative routing methods based
on ``best available'' location information, which may include but is
not limited to device-based or tower-based location information.
The Commission adopted the proposed six-month timeline for
nationwide CMRS providers to implement location-based routing for
wireless 911 voice calls and provided twenty-four months for
implementation by non-nationwide CMRS providers. In addition, the
Commission provided 24 months for all CMRS providers to implement
location-based routing for RTT communications to 911.
The Commission required CMRS providers within 60 days of
the applicable compliance deadlines to certify and submit evidence of
compliance with location-based routing requirements and to certify the
privacy of location information used for location-based routing. At
that time, CMRS providers also must submit one-time live call data
reporting specifying routing methodologies for calls in live call
areas.
The Commission deferred consideration of proposals in the
NPRM to require CMRS providers and covered text providers to implement
location-based routing for Short Message Service (SMS) texts to 911.
The Commission deferred consideration of proposals and
issues raised in the NPRM concerning IP-formatted delivery of wireless
911 voice calls, texts, and associated routing information, for
consideration in the Commission's pending Next Generation 911 (NG911)
Transition docket (PS Docket No. 21-479, Facilitating Implementation of
Next Generation 911 Services).
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
142. There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
143. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments. The Chief Counsel did not
file any comments in response to the proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
144. The RFA directs agencies to provide a description of and,
where feasible, an estimate of the number of small entities that may be
affected by the rules adopted. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act.'' A ``small business concern'' is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
145. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe, at the
outset, three broad groups of small entities that could be directly
affected herein. First, while there are industry specific size
standards for small businesses that are used in the regulatory
flexibility analysis, according to data from the Small Business
Administration's (SBA) Office of Advocacy, in general a small business
is an independent business having fewer than 500 employees. These types
of small businesses represent 99.9% of all businesses in the United
States, which translates to 33.2 million businesses.
146. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2020, there were
approximately 447,689 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
147. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data from the 2017 Census of Governments indicate there were
90,075 local governmental jurisdictions consisting of general purpose
governments and special purpose governments in the United States. Of
this number, there were 36,931 general purpose governments (county,
municipal, and town or township) with populations of less than 50,000
and 12,040 special purpose governments--independent school districts
with
[[Page 18516]]
enrollment populations of less than 50,000. Accordingly, based on the
2017 U.S. Census of Governments data, we estimate that at least 48,971
entities fall into the category of ``small governmental
jurisdictions.''
IV. Telecommunications Service Providers
A. Wireless Telecommunications Providers
148. Pursuant to 47 CFR 9.10(a), the Commission's 911 service
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) 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.
149. Below, for those services subject to auctions, we note that,
as a general matter, the number of winning bidders that qualify as
small businesses at the close of an auction does not necessarily
represent the number of small businesses currently in service. Also,
the Commission does not generally track subsequent business size
unless, in the context of assignments or transfers, unjust enrichment
issues are implicated.
150. All Other Telecommunications. This industry is comprised of
establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems. Providers of
internet services (e.g., dial-up internet service providers (ISPs)) or
Voice over internet Protocol (VoIP) services, via client-supplied
telecommunications connections are also included in this industry. The
SBA small business size standard for this industry classifies firms
with annual receipts of $35 million or less as small. U.S. Census
Bureau data for 2017 show that there were 1,079 firms in this industry
that operated for the entire year. Of those firms, 1,039 had revenue of
less than $25 million. Based on this data, the Commission estimates
that the majority of ``All Other Telecommunications'' firms can be
considered small.
151. Advanced Wireless Services (AWS)--(1710-1755 MHz and 2110-2155
MHz bands (AWS-1); 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and
2175-2180 MHz bands (AWS-2); 2155-2175 MHz band (AWS-3); 2000-2020 MHz
and 2180-2200 MHz (AWS-4)). Spectrum is made available and licensed in
these bands for the provision of various wireless communications
services. Wireless Telecommunications Carriers (except Satellite) is
the closest industry with an SBA small business size standard
applicable to these services. The SBA small business size standard for
this industry classifies a business as small if it has 1,500 or fewer
employees. U.S. Census Bureau data for 2017 show that there were 2,893
firms that operated in this industry for the entire year. Of this
number, 2,837 firms employed fewer than 250 employees. Thus, under the
SBA size standard, the Commission estimates that a majority of
licensees in this industry can be considered small.
152. According to Commission data as December 2021, there were
approximately 4,472 active AWS licenses. The Commission's small
business size standards with respect to AWS involve eligibility for
bidding credits and installment payments in the auction of licenses for
these services. For the auction of AWS licenses, the Commission defined
a ``small business'' as an entity with average annual gross revenues
for the preceding three years not exceeding $40 million, and a ``very
small business'' as an entity with average annual gross revenues for
the preceding three years not exceeding $15 million. Pursuant to these
definitions, 57 winning bidders claiming status as small or very small
businesses won 215 of 1,087 licenses. In the most recent auction of AWS
licenses 15 of 37 bidders qualifying for status as small or very small
businesses won licenses.
153. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
154. Competitive Local Exchange Carriers (LECs). Neither the
Commission nor the SBA has developed a size standard for small
businesses specifically applicable to local exchange services.
Providers of these services include several types of competitive local
exchange service providers. Wired Telecommunications Carriers is the
closest industry with an SBA small business size standard. The SBA
small business size standard for Wired Telecommunications Carriers
classifies firms having 1,500 or fewer employees as small. U.S. Census
Bureau data for 2017 show that there were 3,054 firms that operated in
this industry for the entire year. Of this number, 2,964 firms operated
with fewer than 250 employees. Additionally, based on Commission data
in the 2022 Universal Service Monitoring Report, as of December 31,
2021, there were 3,378 providers that reported they were competitive
local exchange service providers. Of these providers, the Commission
estimates that 3,230 providers have 1,500 or fewer employees.
Consequently, using the SBA's small business size standard, most of
these providers can be considered small entities.
155. Incumbent Local Exchange Carriers (Incumbent LECs). Neither
the Commission nor the SBA have developed a small business size
standard specifically for incumbent local exchange carriers. Wired
Telecommunications Carriers is the closest industry with an SBA small
business size standard. The SBA small business size standard for Wired
Telecommunications Carriers classifies firms having 1,500 or fewer
employees as small. U.S. Census Bureau data for 2017 show that there
were 3,054 firms in this industry that operated for the entire year. Of
this number, 2,964 firms operated with fewer than 250 employees.
Additionally, based on Commission data in the 2022 Universal Service
Monitoring Report, as of December 31, 2021, there were 1,212 providers
that reported they were incumbent local exchange service providers. Of
these providers, the Commission estimates that 916 providers have 1,500
or fewer employees. Consequently, using the SBA's small business size
standard, the Commission estimates that the majority of incumbent local
exchange carriers can be considered small entities.
156. Broadband Personal Communications Service. The broadband
personal communications services (PCS) spectrum encompasses
[[Page 18517]]
services in the 1850-1910 and 1930-1990 MHz bands. The closest industry
with an SBA small business size standard applicable to these services
is Wireless Telecommunications Carriers (except Satellite). The SBA
small business size standard for this industry classifies a business as
small if it has 1,500 or fewer employees. U.S. Census Bureau data for
2017 show that there were 2,893 firms that operated in this industry
for the entire year. Of this number, 2,837 firms employed fewer than
250 employees. Thus, under the SBA size standard, the Commission
estimates that a majority of licensees in this industry can be
considered small.
157. Based on Commission data as of November 2021, there were
approximately 5,060 active licenses in the Broadband PCS service. The
Commission's small business size standards with respect to Broadband
PCS involve eligibility for bidding credits and installment payments in
the auction of licenses for these services. In auctions for these
licenses, the Commission defined ``small business'' as an entity that,
together with its affiliates and controlling interests, has average
gross revenues not exceeding $40 million for the preceding three years,
and a ``very small business'' as an entity that, together with its
affiliates and controlling interests, has had average annual gross
revenues not exceeding $15 million for the preceding three years.
Winning bidders claiming small business credits won Broadband PCS
licenses in C, D, E, and F Blocks.
158. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these, at this time we are not able to estimate the
number of licensees with active licenses that would qualify as small
under the SBA's small business size standard.
159. Narrowband Personal Communications Services. Narrowband
Personal Communications Services (Narrowband PCS) are PCS services
operating in the 901-902 MHz, 930-931 MHz, and 940-941 MHz bands. PCS
services are radio communications that encompass mobile and ancillary
fixed communication that provide services to individuals and businesses
and can be integrated with a variety of competing networks. Wireless
Telecommunications Carriers (except Satellite) is the closest industry
with an SBA small business size standard applicable to these services.
The SBA small business size standard for this industry classifies a
business as small if it has 1,500 or fewer employees. U.S. Census
Bureau data for 2017 show that there were 2,893 firms that operated in
this industry for the entire year. Of this number, 2,837 firms employed
fewer than 250 employees. Thus, under the SBA size standard, the
Commission estimates that a majority of licensees in this industry can
be considered small.
160. According to Commission data as of December 2021, there were
approximately 4,211 active Narrowband PCS licenses. The Commission's
small business size standards with respect to Narrowband PCS involve
eligibility for bidding credits and installment payments in the auction
of licenses for these services. For the auction of these licenses, the
Commission defined a ``small business'' as an entity that, together
with affiliates and controlling interests, has average gross revenues
for the three preceding years of not more than $40 million. A ``very
small business'' is defined as an entity that, together with affiliates
and controlling interests, has average gross revenues for the three
preceding years of not more than $15 million. Pursuant to these
definitions, 7 winning bidders claiming small and very small bidding
credits won approximately 359 licenses. One of the winning bidders
claiming a small business status classification in these Narrowband PCS
license auctions had an active license as of December 2021.
161. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
162. Offshore Radiotelephone Service. This service operates on
several ultra high frequency (UHF) television broadcast channels that
are not used for television broadcasting in the coastal areas of states
bordering the Gulf of Mexico. Wireless Telecommunications Carriers
(except Satellite) is the closest industry with an SBA small business
size standard applicable to this service. The SBA small business size
standard for this industry classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that
there were 2,893 firms that operated in this industry for the entire
year. Of this number, 2,837 firms employed fewer than 250 employees.
Thus, under the SBA size standard, the Commission estimates that a
majority of licensees in this industry can be considered small.
Additionally, based on Commission data, as of December 2021, there was
one licensee with an active license in this service. However, since the
Commission does not collect data on the number of employees for this
service, at this time we are not able to estimate the number of
licensees that would qualify as small under the SBA's small business
size standard.
163. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, Global Positioning System (GPS) equipment,
pagers, cellular phones, mobile communications equipment, and radio and
television studio and broadcasting equipment. The SBA small business
size standard for this industry classifies businesses having 1,250
employees or less as small. U.S. Census Bureau data for 2017 show that
there were 656 firms in this industry that operated for the entire
year. Of this number, 624 firms had fewer than 250 employees. Thus,
under the SBA size standard, the majority of firms in this industry can
be considered small.
164. Rural Radiotelephone Service. Neither the Commission nor the
SBA have developed a small business size standard specifically for
small businesses providing Rural Radiotelephone Service. Rural
Radiotelephone Service is radio service in which licensees are
authorized to offer and provide radio telecommunication services for
hire to subscribers in areas where it is not feasible to provide
communication services by wire or other means. A significant subset of
the Rural Radiotelephone Service is the Basic Exchange Telephone Radio
System
[[Page 18518]]
(BETRS). Wireless Telecommunications Carriers (except Satellite) is the
closest applicable industry with an SBA small business size standard.
The SBA small business size standard for Wireless Telecommunications
Carriers (except Satellite) classifies firms having 1,500 or fewer
employees as small. For this industry, U.S. Census Bureau data for 2017
show that there were 2,893 firms that operated for the entire year. Of
this total, 2,837 firms employed fewer than 250 employees. Thus, under
the SBA size standard, the Commission estimates that the majority of
Rural Radiotelephone Services firm are small entities. Based on
Commission data as of December 27, 2021, there were approximately 119
active licenses in the Rural Radiotelephone Service. The Commission
does not collect employment data from these entities holding these
licenses and therefore we cannot estimate how many of these entities
meet the SBA small business size standard.
165. Wireless Communications Services. Wireless Communications
Services (WCS) can be used for a variety of fixed, mobile,
radiolocation, and digital audio broadcasting satellite services.
Wireless spectrum is made available and licensed for the provision of
wireless communications services in several frequency bands subject to
part 27 of the Commission's rules. Wireless Telecommunications Carriers
(except Satellite) is the closest industry with an SBA small business
size standard applicable to these services. The SBA small business size
standard for this industry classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that
there were 2,893 firms that operated in this industry for the entire
year. Of this number, 2,837 firms employed fewer than 250 employees.
Thus, under the SBA size standard, the Commission estimates that a
majority of licensees in this industry can be considered small.
166. The Commission's small business size standards with respect to
WCS involve eligibility for bidding credits and installment payments in
the auction of licenses for the various frequency bands included in
WCS. When bidding credits are adopted for the auction of licenses in
WCS frequency bands, such credits may be available to several types of
small businesses based average gross revenues (small, very small and
entrepreneur) pursuant to the competitive bidding rules adopted in
conjunction with the requirements for the auction and/or as identified
in the designated entities section in part 27 of the Commission's rules
for the specific WCS frequency bands.
167. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
168. Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
SBA size standard for this industry classifies a business as small if
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms in this industry that operated for the
entire year. Of that number, 2,837 firms employed fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 594
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 511
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
169. Wireless Telephony. Wireless telephony includes cellular,
personal communications services, and specialized mobile radio
telephony carriers. The closest applicable industry with an SBA small
business size standard is Wireless Telecommunications Carriers (except
Satellite). The size standard for this industry under SBA rules is that
a business is small if it has 1,500 or fewer employees. For this
industry, U.S. Census Bureau data for 2017 show that there were 2,893
firms that operated for the entire year. Of this number, 2,837 firms
employed fewer than 250 employees. Additionally, based on Commission
data in the 2022 Universal Service Monitoring Report, as of December
31, 2021, there were 331 providers that reported they were engaged in
the provision of cellular, personal communications services, and
specialized mobile radio services. Of these providers, the Commission
estimates that 255 providers have 1,500 or fewer employees.
Consequently, using the SBA's small business size standard, most of
these providers can be considered small entities.
170. 700 MHz Guard Band Licensees. The 700 MHz Guard Band
encompasses spectrum in 746-747/776-777 MHz and 762-764/792-794 MHz
frequency bands. Wireless Telecommunications Carriers (except
Satellite) is the closest industry with an SBA small business size
standard applicable to licenses providing services in these bands. The
SBA small business size standard for this industry classifies a
business as small if it has 1,500 or fewer employees. U.S. Census
Bureau data for 2017 show that there were 2,893 firms that operated in
this industry for the entire year. Of this number, 2,837 firms employed
fewer than 250 employees. Thus, under the SBA size standard, the
Commission estimates that a majority of licensees in this industry can
be considered small.
171. According to Commission data as of December 2021, there were
approximately 224 active 700 MHz Guard Band licenses. The Commission's
small business size standards with respect to 700 MHz Guard Band
licensees involve eligibility for bidding credits and installment
payments in the auction of licenses. For the auction of these licenses,
the Commission defined a ``small business'' as an entity that, together
with its affiliates and controlling principals, has average gross
revenues not exceeding $40 million for the preceding three years, and a
``very small business'' an entity that, together with its affiliates
and controlling principals, has average gross revenues that are not
more than $15 million for the preceding three years. Pursuant to these
definitions, five winning bidders claiming one of the small business
status classifications won 26 licenses, and one winning bidder claiming
small business won two licenses. None of the winning bidders claiming a
small business status classification in these 700 MHz Guard Band
license auctions had an active license as of December 2021.
172. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the
[[Page 18519]]
close of an auction does not necessarily represent the number of small
businesses currently in service. Further, the Commission does not
generally track subsequent business size unless, in the context of
assignments or transfers, unjust enrichment issues are implicated.
Additionally, since the Commission does not collect data on the number
of employees for licensees providing these services, at this time we
are not able to estimate the number of licensees with active licenses
that would qualify as small under the SBA's small business size
standard.
173. Lower 700 MHz Band Licenses. The lower 700 MHz band
encompasses spectrum in the 698-746 MHz frequency bands. Permissible
operations in these bands include flexible fixed, mobile, and broadcast
uses, including mobile and other digital new broadcast operation; fixed
and mobile wireless commercial services (including frequency division
duplex (FDD)- and time division duplex (TDD)-based services); as well
as fixed and mobile wireless uses for private, internal radio needs,
two-way interactive, cellular, and mobile television broadcasting
services. Wireless Telecommunications Carriers (except Satellite) is
the closest industry with an SBA small business size standard
applicable to licenses providing services in these bands. The SBA small
business size standard for this industry classifies a business as small
if it has 1,500 or fewer employees. U.S. Census Bureau data for 2017
show that there were 2,893 firms that operated in this industry for the
entire year. Of this number, 2,837 firms employed fewer than 250
employees. Thus, under the SBA size standard, the Commission estimates
that a majority of licensees in this industry can be considered small.
174. According to Commission data as of December 2021, there were
approximately 2,824 active Lower 700 MHz Band licenses. The
Commission's small business size standards with respect to Lower 700
MHz Band licensees involve eligibility for bidding credits and
installment payments in the auction of licenses. For auctions of Lower
700 MHz Band licenses the Commission adopted criteria for three groups
of small businesses. A very small business was defined as an entity
that, together with its affiliates and controlling interests, has
average annual gross revenues not exceeding $15 million for the
preceding three years, a small business was defined as an entity that,
together with its affiliates and controlling interests, has average
gross revenues not exceeding $40 million for the preceding three years,
and an entrepreneur was defined as an entity that, together with its
affiliates and controlling interests, has average gross revenues not
exceeding $3 million for the preceding three years. In auctions for
Lower 700 MHz Band licenses seventy-two winning bidders claiming a
small business classification won 329 licenses, twenty-six winning
bidders claiming a small business classification won 214 licenses, and
three winning bidders claiming a small business classification won all
five auctioned licenses.
175. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
176. Upper 700 MHz Band Licenses. The upper 700 MHz band
encompasses spectrum in the 746-806 MHz bands. Upper 700 MHz D Block
licenses are nationwide licenses associated with the 758-763 MHz and
788-793 MHz bands. Permissible operations in these bands include
flexible fixed, mobile, and broadcast uses, including mobile and other
digital new broadcast operation; fixed and mobile wireless commercial
services (including FDD- and TDD-based services); as well as fixed and
mobile wireless uses for private, internal radio needs, two-way
interactive, cellular, and mobile television broadcasting services.
Wireless Telecommunications Carriers (except Satellite) is the closest
industry with an SBA small business size standard applicable to
licenses providing services in these bands. The SBA small business size
standard for this industry classifies a business as small if it has
1,500 or fewer employees. U.S. Census Bureau data for 2017 show that
there were 2,893 firms that operated in this industry for the entire
year. Of that number, 2,837 firms employed fewer than 250 employees.
Thus, under the SBA size standard, the Commission estimates that a
majority of licensees in this industry can be considered small.
177. According to Commission data as of December 2021, there were
approximately 152 active Upper 700 MHz Band licenses. The Commission's
small business size standards with respect to Upper 700 MHz Band
licensees involve eligibility for bidding credits and installment
payments in the auction of licenses. For the auction of these licenses,
the Commission defined a ``small business'' as an entity that, together
with its affiliates and controlling principals, has average gross
revenues not exceeding $40 million for the preceding three years, and a
``very small business'' an entity that, together with its affiliates
and controlling principals, has average gross revenues that are not
more than $15 million for the preceding three years. Pursuant to these
definitions, three winning bidders claiming very small business status
won five of the twelve available licenses.
178. In frequency bands where licenses were subject to auction, the
Commission notes that as a general matter, the number of winning
bidders that qualify as small businesses at the close of an auction
does not necessarily represent the number of small businesses currently
in service. Further, the Commission does not generally track subsequent
business size unless, in the context of assignments or transfers,
unjust enrichment issues are implicated. Additionally, since the
Commission does not collect data on the number of employees for
licensees providing these services, at this time we are not able to
estimate the number of licensees with active licenses that would
qualify as small under the SBA's small business size standard.
179. Wireless Resellers. Neither the Commission nor the SBA have
developed a small business size standard specifically for Wireless
Resellers. The closest industry with an SBA small business size
standard is Telecommunications Resellers. The Telecommunications
Resellers industry comprises establishments engaged in purchasing
access and network capacity from owners and operators of
telecommunications networks and reselling wired and wireless
telecommunications services (except satellite) to businesses and
households. Establishments in this industry resell telecommunications
and they do not operate transmission facilities and infrastructure.
Mobile virtual network operators (MVNOs) are included in this industry.
Under the SBA size standard for this industry, a business is small if
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that 1,386 firms in this industry provided resale services during that
year. Of that number, 1,375 firms operated with fewer than 250
employees. Thus, for this industry under the SBA small
[[Page 18520]]
business size standard, the majority of providers can be considered
small entities.
B. Equipment Manufacturers
180. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment. The SBA small business size standard for this
industry classifies businesses having 1,250 employees or less as small.
U.S. Census Bureau data for 2017 show that there were 656 firms in this
industry that operated for the entire year. Of this number, 624 firms
had fewer than 250 employees. Thus, under the SBA size standard, the
majority of firms in this industry can be considered small.
181. Semiconductor and Related Device Manufacturing. This industry
comprises establishments primarily engaged in manufacturing
semiconductors and related solid state devices. Examples of products
made by these establishments are integrated circuits, memory chips,
microprocessors, diodes, transistors, solar cells and other
optoelectronic devices. The SBA small business size standard for this
industry classifies entities having 1,250 or fewer employees as small.
U.S. Census Bureau data for 2017 show that there were 729 firms in this
industry that operated for the entire year. Of this total, 673 firms
operated with fewer than 250 employees. Thus, under the SBA size
standard, the majority of firms in this industry can be considered
small.
C. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
182. The rules adopted to implement location-based routing for
wireless 911 voice calls and RTT communications to 911 will impose new
or additional reporting, recordkeeping, and/or other compliance
obligations on small entities. Small and other CMRS providers are
required to certify their compliance with the applicable location-based
routing requirements, and inform the Commission of the specific network
architecture, systems, and location validation procedures used to
comply with the location-based routing requirements. More specifically,
the adopted rules require small and other CMRS providers, within 60
days after their respective deadlines, to deploy location-based routing
on their IP-based networks, and submit a one-time certification with
substantiating evidence of compliance with location-based routing
requirements applicable to them as of the deadline. As part of the
certification, small and other CMRS providers must: (i) substantiate
compliance by identifying specific network architecture, systems,
location validation, and procedures used to comply with the location-
based routing rules; (ii) collect and report aggregate information on
the routing technologies for all live wireless 911 voice calls in the
locations specified for live 911 call location data under the
Commission's rule at 47 CFR 9.10(i)(3)(ii); and (iii) certify that
location information used for location-based routing by service
providers and third parties will only be used for valid 911 purposes.
Small and other CMRS providers can request confidential treatment of
any information they submit in accordance with the Commission's
confidentiality rules.
183. In the NPRM, the Commission sought comments on the proposals
in this proceeding and requested cost and benefit information to help
the Commission identify and evaluate relevant matters for small
entities. Although several comments filed in response to the NPRM
discussed categories of potential expenses to comply with location-
based routing requirements, and any related reporting and recordkeeping
requirements, with some asserting that there would be a greater burden
on smaller providers, these comments and the record as a whole do not
contain detailed information on costs required for either small or
large entities. In fact, the Rural Wireless Association (RWA) and the
Boulder Regional Emergency Telephone Service Authority (BRETSA)
expressly indicated that neither non-nationwide nor small carriers have
determined their implementation costs. Moreover, while stating that
``[t]he $366,600 figure referenced in the NPRM may be a conservative
estimate,'' RWA did not provide an alternative to the Commission's
estimate and noted that to date, RWA members have not received any
specific vendor estimates regarding their actual cost of compliance.
184. In the NPRM, the Commission proposed an ``upper bound''
estimate for labor costs of $366,600 per CMRS provider, and for
material costs such as software features or component upgrades for each
CMRS provider, of $10,000 per PSAP. In response to the comments we
received, we clarify that material costs estimated in the NPRM are not
limited to those incurred at the PSAP, but also in the network core,
and that the per PSAP calculation is a proxy for the size of the
network that remains to be converted to location-based routing. Using
the Commission's methodology in the NPRM, we estimate that CMRS
providers collectively need to deploy location-based routing to a total
of 14,366 PSAPs, resulting in the implied material cost of
approximately $143.7 million.
185. Our total labor costs analysis added internal planning,
outreach, and testing to the costs for equipment installation and
conducting trials the Commission proposed and discussed in the NPRM. To
better reflect the wide array of complex tasks that will be undertaken
with highly skilled and senior staff, we will assume a higher wage for
the workers than that assumed in the NPRM because some of the tasks
involved will have to be undertaken by senior staff. Using the Bureau
of Labor Statistics 75th percentile wage for network engineers, we
assume worker compensation to be $81.29 per hour. Marking up hourly
compensation by 45% to account for benefits results in a total hourly
compensation estimate of $117.87. Assuming that work is completed over
26 work-weeks of five, 8 work-hour days, and a team of 10, the
aggregate upper bound of work-hours would 10,400 and the total cost of
those work-hours would be $1,225,853. While non-nationwide CMRS
providers will have 24 months rather than six to implement location-
based routing, smaller CMRS providers have constraints on the number of
staff they can assign to any one project. In addition, while non-
nationwide CMRS providers may take longer to implement location-based
routing, assigning the same amount of work-time as nationwide CMRS
providers represents both the spreading out of tasks over a longer
period and an overestimate since non-nationwide CMRS providers have
much smaller networks. Given that AT&T has already implemented
location-based routing, we estimate the labor cost associated with
implementation for network for the 56 remaining providers, plus T-
Mobile and Verizon, to be $71 million ([ap] $1,225,853 x 58 providers =
$71,099,474).
186. In addition to network costs, several commenters indicate that
public safety-grade GIS data or shapefiles that precisely define PSAP
boundaries should be developed or provided, though they differ on which
parties should be responsible. We agree with
[[Page 18521]]
NENA that it is the responsibility of providers to maintain their own
jurisdictional maps. Accordingly, we assign the cost of maps to the
providers. We anticipate that map costs will largely be labor to update
already existing maps. To come up with a cost ceiling, we assume that
every provider will need to update its maps, even though many providers
likely have up-to-date maps. We anticipate that updating the map will
only entail labor costs for mapping specialists to update maps. In the
Supporting Document of Study Area Boundary Data Reporting in Esri
Shapefile Format, the Office of Information and Regulatory Affairs
estimates that it takes an average of 26 hours for a data scientist to
modify a shapefile. We believe that 26 hours would be an upper bound of
the time required for a party to update its maps. Given that the
average wage rate is $60.44/hour for data scientists in the
telecommunications industry, with a 45% markup for benefits, we arrive
at $87.63 as the hourly compensation rate for a data scientist. We
estimate an upper bound for the cost of map updating to be
approximately $134,000 ([ap] $87.63 per hour x 26 hours x 59 providers
= $134,424.42).
187. In addition, the one-time certification of compliance with our
requirements together with the submission of data on call percentages
by routing methods will impose a one-time cost on CMRS providers. As
this required information should be available to each provider
internally, we anticipate work to compile this information to take no
longer than a week of five business days. We believe that one network
engineer would be sufficient to complete this task in this time frame,
resulting in a total provider cost of 40 work-hours. Assuming the same
hourly labor cost of network engineers as in the previous cost estimate
for network implementation, the total cost of reporting is $280,000
([ap] $117.87 per hour x 40 hours x 59 providers = $278,173.20).
188. Because we are adopting location-based routing requirements
for RTT communications to 911, we also consider the costs for CMRS
providers. Given that CMRS providers process and route RTT
communications to 911 similarly to voice calls, we assume that CMRS
providers' material and labor costs to deploy location-based routing
for RTT are included in our cost estimates above. As part of this
analysis, we note that as of the release date of the Report and Order,
we are aware of only a small number of PSAPs that are receiving RTT
communications.
189. In sum, we estimate upper bounds of the costs that CMRS
providers will bear to be material costs of $143.7 million, network
implementation costs of $71.1 million, GIS costs of $134,000, and
certification costs of $280,000. Altogether, the upper bound of costs
is approximately $215 million. We note that the three major CMRS
providers (AT&T, T-Mobile, and Verizon) have already implemented
location-based routing for wireless 911 voice calls nationwide, or are
in the process of implementing it. Although some commenters argue that
this progress by three major carriers will not necessarily translate
into reduced costs and greater efficiency for smaller providers to
implement location-based routing, it appears that this progress by
larger providers may have at least some measure of positive impact on
implementation by smaller providers, such as by demonstrating potential
implementation technologies and strategies, although they may be
required to hire professionals to fulfill their compliance obligations.
190. The important public safety benefits that will result from the
requirements the Commission adopted outweigh the associated
implementation and compliance burdens for CMRS providers. The rule
changes to implement nationwide location-based routing will
significantly decrease misrouted wireless 911 calls and RTT
communications to 911, reduce emergency response time, save lives, and
save many PSAP personnel hours and resources lost in 911 transfers.
Accordingly, these rule changes serve the public interest.
D. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
191. The RFA requires an agency to provide ``a description of the
steps the agency has taken to minimize the significant economic impact
on small entities . . . including a statement of the factual, policy,
and legal reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
192. In the previous section we described the significant public
safety benefits to be achieved from requiring all CMRS providers to
implement location-based routing for wireless 911 voice calls and RTT
messages originating on IP-based networks on a nationwide basis. From
the record in this proceeding, it appears to be technologically
feasible for CMRS providers to implement location-based routing for a
significant percentage of wireless 911 voice calls and RTT messages. In
the Report and Order we expressly found that it is technologically
feasible for all CMRS providers, nationwide and non-nationwide, to
support location-based routing for a significant percentage of wireless
911 voice calls. The Commission considered comments advocating for a
voluntary location-based routing approach to allow providers the
flexibility which would take into account the differences in providers'
networks, configurations and devices. We found, however, that
implementing location-based routing on a voluntary basis is not
consistent with the Commission's goal of ensuring that location-based
routing is available to all wireless 911 callers on a nationwide basis.
Accordingly, the rules we adopt require both nationwide and non-
nationwide CMRS providers to implement location-based routing
consistent with the proposals in the NPRM.
193. The Commission also considered a per-PSAP approach to
implement location-based routing but determined that there could be
uneven and inconsistent implementation in routing approaches between
jurisdictions, and there was also a risk of 911 misroutes for
jurisdictions that do not request location-based routing service. The
Commission found that a per-PSAP approach was not consistent with its
interest in facilitating improved routing of 911 voice calls, and was
not in the public interest. Additionally, we determined this approach
would impose unnecessary cost burdens on PSAPs to affirmatively request
such service. The rules we adopted in the Report and Order were
intended to be cost effective and minimally burdensome for small and
other entities impacted by the rules. Below we discuss the specific
steps the Commission has taken to minimize costs and reduce the
economic impact for small entities, as well as various alternatives
considered.
194. Location-Based Routing Requirements. Consistent with the
Commission's proposal in the NPRM and to reduce potential cost burdens
for small and other wireless providers, our location-based routing
rules apply only to wireless 911 voice calls and RTT communications
originating on IP-based networks (i.e., 4G LTE, 5G, and subsequent
generations of IP-based networks). The record indicated that while
nationwide CMRS providers are in the process of retiring or have
completed the retirement of circuit-
[[Page 18522]]
switched, time-division multiplex (TDM) 2G and 3G networks, and some
non-nationwide providers announced dates to sunset their 3G networks in
2022, the transition from these networks that are less compatible with
location-based routing has not been fully completed. In the NPRM, the
Commission tentatively concluded that requiring location-based routing
for 911 calls or texts originating on TDM-based networks would be
unduly burdensome, especially for non-nationwide providers who would
bear the greatest burden, even if given additional time to comply with
such a requirement. Moreover, although the Commission considered
requiring location-based routing for all 911 calls, the Commission in
the NPRM ultimately proposed to require location-based routing only for
911 calls originating on IP-based networks, i.e., 4G LTE, 5G, and
subsequently deployed IP-based networks. In the Report and Order, the
Commission adopted the proposed rule which will minimize some burdens
and economic impact for small entities, particularly those that are
non-nationwide providers, due to the limited scope of the requirement.
195. Rather than imposing a rigid location-based routing
requirement, the rules the Commission adopted provide flexibility to
small and other entities to route wireless 911 voice calls or RTT
communications based on the best available location information (which
may include cell tower coordinates or other information) when the
location information available at time of routing does not meet either
one or both of the rules' requirements for accuracy and timeliness. The
Commission recognized the continued need for legacy E911 routing, at
least as a fallback method, because accurate device location
information is not available in all scenarios. Further, the
Commission's requirement to default to best available location is
consistent with the ATIS-0500039 standard for location-based routing,
which assumes that the fallback for location-based routing should be
cell-sector routing for cases where no position estimate is available
in time to be used for location-based routing, or the position
estimates lack requisite accuracy. Our requirement is also consistent
with current CMRS provider deployments of location-based routing, which
default to legacy E911 routing when location does not meet CMRS
providers' standards of accuracy and timeliness.
196. The Report and Order also adopted baseline requirements
involving the accuracy and timeliness of location information used for
location-based routing that are consistent with industry standards.
Under the rules adopted, CMRS providers must use location-based routing
only if the location information is available to the provider network
at the time the wireless 911 voice call or RTT communication is routed,
and the information identifies the caller's horizontal location with a
radius of 165 meters at a confidence level of at least 90%. These
metrics are consistent with AT&T's successful nationwide implementation
of location-based routing, and received support as a model for other
wireless carriers to implement location-based routing. In addition, the
rule's confidence metric is consistent with ATIS's recommendation that
uncertainty values for location-based routing ``be standardized to a
90% confidence for effective call handling.'' When location information
does not meet the baseline accuracy and timeliness requirements, the
adopted requirements allow CMRS providers to instead route based on
best available location information, which may include device-based
location information that does not meet the accuracy threshold, the
centroid of the area served by the cell sector that first picks up the
call, or other location information. This will help to minimize any
significant economic impact on small entities and other CMRS providers.
197. Compliance Timelines. The rules adopted in the Report and
Order provide small and other providers flexibility in the compliance
timelines to implement the location-based routing requirements, which
should reduce the economic burden for small entities. The compliance
timelines differ from those the Commission proposed in the NPRM, which
provided different deadlines for nationwide CMRS providers and non-
nationwide CMRS providers to implement location-based routing on their
IP-based networks when available location information meets
requirements for accuracy and timeliness. To further reduce the burden
on small entities in the rules adopted, the Commission granted longer
compliance timelines to non-nationwide CMRS providers than those
proposed in the NPRM and eliminated the requirements for covered text
providers that are not CMRS providers. Specifically, non-nationwide
CMRS providers (which includes a substantial number of small entities)
are required to implement location-based routing for wireless 911 voice
calls within 24 months from the effective date of the final rules,
rather than 18 months as proposed in the NPRM. Nationwide CMRS
providers are required to implement location-based routing for wireless
911 voice calls within six months from the effective date of the final
rules. For RTT, all CMRS providers are required to implement location-
based routing for RTT messages where they implement RTT capability
within 24 months from the effective date of the final rules, rather
than the 12 months proposed in the NPRM.
198. The Commission has also minimized any significant economic
impact on small entities by limiting the requirement to implement
location-based routing to operators of IP-based networks only when
certain requirements are met. Small entities are not required to comply
with the location-based routing requirement if they do not operate an
IP-based network, or if the location information available on the IP-
based network does not meet either one or both of the requirements for
timeliness and accuracy, in which case, small entities may use the best
available location information for routing. Small entities will further
benefit from the Commission's adoption of provisions that allow PSAPs
and CMRS providers to enter into agreements that establish an alternate
timeframe for meeting the location-based routing requirements. The
flexibility to negotiate an alternative timeframe that meets a CMRS
provider's business and financial needs is a significant step by the
Commission that could minimize the economic impact for small entities.
199. Reporting and Certification Requirements. The Commission
considered the level of data collection, reporting, and certification,
if any, that should be required from CMRS providers on location-based
routing issues, weighing the potential burden of such requirements on
small and other entities against the need to ensure compliance with the
rules. The Commission also considered not adopting a certification
requirement. However, absent a certification requirement, the
Commission and the public would have no insight into providers'
implementation of location-based routing. Furthermore, the Commission's
ability to easily determine whether carriers are in compliance would be
limited. Another alternative the Commission evaluated was adopting
periodic reporting requirements. However, such ongoing reporting
requirements have the potential to overburden providers, particularly
small entities. Therefore, the rules adopted do not contain any
periodic reporting requirements. We believe the one-time certification
and
[[Page 18523]]
live call data reporting requirement we adopt will be sufficient for
providers to demonstrate location-based routing implementation. This
limited data collection best balances the need for transparency on
compliance with the limited ability of some providers, particularly
small entities, to respond to mandatory data collections. The adopted
certification requirement will also help provide important privacy and
security protections, which we believe greatly outweigh any minor
burden that this requirement might impose on small or other entities.
200. Deferral of Certain Proposed Rules and Removal From This
Rulemaking Proceeding. In the Report and Order, the Commission deferred
taking action on certain rules that were proposed in the NPRM.
Specifically, in the NPRM the Commission proposed requiring covered
text providers to implement location-based routing for all 911 texts
originating on their IP-based networks when location information meets
certain accuracy and timeliness requirements. In the Report and Order
we required CMRS providers to deploy and use location-based routing
only for RTT communications. We deferred action on requiring covered
text providers to deploy and use location-based routing for other types
of text messages to 911, such as Short Message Service (SMS). The
Commission also proposed requiring CMRS and covered text providers to
deliver 911 calls, texts, and associated routing information in IP
format upon request of 911 authorities that have established the
capability to accept NG911-compatible IP-based 911 communications. To
align requirements for NG911 services amongst providers and avoid
confusion among stakeholders, we deferred consideration of CMRS and
covered text provider NG911 IP delivery requirements to the pending
NG911 transition proceeding in PS Docket No. 21-479. Our deferral of
the two proposed requirements above eliminated consideration of these
rules from the current rulemaking proceeding. By eliminating these
rules from the proceeding, the Commission has reduced the compliance
costs for small entities and any related implementation burdens small
entities may have incurred.
E. Report to Congress
201. The Commission will send a copy of the Report and Order,
including this FRFA, in a report to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the Report and Order, including this FRFA, to the Chief Counsel for
Advocacy of the SBA. A copy of the Report and Order and FRFA (or
summaries thereof) will also be published in the Federal Register.
V. Ordering Clauses
1. Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 10,
201, 214, 222, 251(e), 301, 302, 303, 307, 309, 316, and 332, of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152(a), 154(i),
160, 201, 214, 222, 251(e), 301, 302a, 303, 307, 309, 316, 332; the
Wireless Communications and Public Safety Act of 1999, Public Law 106-
81, 47 U.S.C. 615 note, 615, 615a, 615b; and section 106 of the Twenty-
First Century Communications and Video Accessibility Act of 2010,
Public Law 111-260, 47 U.S.C. 615c, that the Report and Order is
adopted.
2. It is further ordered that the amendments to part 9 of the
Commission's rules, as set forth in Appendix A of the Report and Order,
are adopted, effective sixty (60) days after publication in the Federal
Register. Compliance will not be required for Sec. 9.10(s)(4) and (5)
until after approval by the Office of Management and Budget. The
Commission delegates authority to the Public Safety and Homeland
Security Bureau to publish a document in the Federal Register
announcing that compliance date and revising Sec. 9.10(s)(6).
3. It is further ordered that the Commission's Office of the
Secretary, Reference Information Center, shall send a copy of the
Report and Order, including the Final Regulatory Flexibility Analysis,
to the Chief Counsel for Advocacy of the Small Business Administration.
4. It is further ordered that the Office of the Managing Director,
Performance Program Management, shall send a copy of the Report and
Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 9
Communications, Communications common carriers, Communications
equipment, Internet, Radio, Reporting and recordkeeping requirements,
Satellites, Security measures, Telecommunications, Telephone.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 9 as follows:
PART 9--911 REQUIREMENTS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 47 U.S.C. 151-154, 152(a), 155(c), 157, 160, 201,
202, 208, 210, 214, 218, 219, 222, 225, 251(e), 255, 301, 302, 303,
307, 308, 309, 310, 316, 319, 332, 403, 405, 605, 610, 615, 615
note, 615a, 615b, 615c, 615a-1, 616, 620, 621, 623, 623 note, 721,
and 1471, and Section 902 of Title IX, Division FF, Pub. L. 116-260,
134 Stat. 1182, unless otherwise noted.
0
2. Amend Sec. 9.3 by adding definitions for ``Device-based location
information'' and ``Location-based routing'' in alphabetical order to
read as follows:
Sec. 9.3 Definitions.
* * * * *
Device-based location information. Information regarding the
location of a device used to call or text 911 generated all or in part
from on-device sensors and data sources.
* * * * *
Location-based routing. The use of information regarding the
location of a device, including but not limited to device-based
location information, to deliver 911 calls and real-time text
communications to point(s) designated by the authorized local or state
entity to receive wireless 911 voice calls and real-time text
communications to 911, such as an Emergency Services internet Protocol
Network (ESInet) or PSAP, or to an appropriate local emergency
authority.
* * * * *
0
3. Amend Sec. 9.10 by revising paragraph (a) introductory text and
adding paragraph (s) to read as follows:
Sec. 9.10 911 Service.
(a) Scope of this section. Except as described in paragraph (r) of
this section, the following requirements of paragraphs (a) through (s)
of this section are only applicable to CMRS providers, excluding mobile
satellite service (MSS) operators, to the extent that they:
* * * * *
(s) Location-based routing requirements--(1) Wireless 911 voice
calls. (i) By November 13, 2024, nationwide CMRS providers must deploy
a technology that supports location-based routing for wireless 911
voice calls on their internet Protocol-based networks (4G LTE, 5G, and
subsequent generations of internet Protocol-based networks) nationwide.
At that time, nationwide CMRS providers must route all wireless 911
voice calls originating on their internet Protocol-based networks
pursuant to the requirements of paragraph (s)(3) of this section.
[[Page 18524]]
(ii) By May 13, 2026, non-nationwide CMRS providers must deploy a
technology that supports location-based routing for wireless 911 voice
calls on their internet Protocol-based networks (4G LTE, 5G, and
subsequent generations of internet Protocol-based networks). At that
time, non-nationwide CMRS providers must route all wireless 911 voice
calls originating on their internet Protocol-based networks pursuant to
the requirements of paragraph (s)(3) of this section.
(2) Real-time text communications to 911. By May 13, 2026, CMRS
providers must deploy a technology that supports location-based routing
for real-time text communications to 911 originating on their internet-
Protocol-based networks (4G LTE, 5G, and subsequent generations of
internet Protocol-based networks). At that time, CMRS providers must
route all real-time text communications to 911 originating on their
internet Protocol-based networks pursuant to the requirements of
paragraph (s)(3) of this section.
(3) Timeliness and accuracy threshold. (i) Notwithstanding
requirements for confidence and uncertainty described in paragraph (j)
of this section, CMRS providers must use location information that
meets the following specifications for routing wireless 911 voice calls
and real-time text communications to 911 under paragraphs (s)(1) and
(2) of this section:
(A) The location information reports the horizontal location
uncertainty level of the device within a radius of 165 meters at a
confidence level of at least 90%; and
(B) The location information is available to the CMRS provider
network at the time of routing the wireless 911 voice call or real-time
text communication to 911.
(ii) When the location information does not meet either one or both
of the requirements in paragraphs (s)(3)(i)(A) and (B) of this section,
CMRS providers must route the wireless 911 voice call or real-time text
communication to 911 based on the best available location information,
which may include but is not limited to device-based location
information that does not meet the requirements in paragraphs
(s)(3)(i)(A) and (B), the centroid of the area served by the cell
sector that first picks up the call, or other location information.
(4) Certification and reporting. Within 60 days after each
benchmark specified in paragraphs (s)(1)(i) and (ii) and (s)(2) of this
section, CMRS providers must comply with the following certification
and reporting requirements.
(i) CMRS providers must:
(A) Certify that they are in compliance with the requirements
specified in paragraphs (s)(1)(i) and (ii) and (s)(2) of this section
applicable to them;
(B) Identify specific network architecture, systems, and procedures
used to comply with paragraphs (s)(1)(i) and (ii) and (s)(2) of this
section, including the extent to which the CMRS provider validates
location information for routing purposes and the validation practices
used in connection with this information; and
(C) Certify that neither they nor any third party they rely on to
obtain location information or associated data used for compliance with
paragraph (s)(1)(i) or (ii) or (s)(2) of this section will use such
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 the CMRS provider and any third parties
it relies on to obtain location information or associated data used for
compliance with paragraph (s)(1)(i) or (ii) or (s)(2) have implemented
measures sufficient to safeguard the privacy and security of such
location information or associated data.
(ii) CMRS providers also must:
(A) Collect and report aggregate data on the routing technologies
used for all live wireless 911 voice calls in the locations specified
for live 911 call location data in paragraph (i)(3)(ii) of this section
for a thirty-day period which begins on the compliance date(s)
specified in paragraphs (s)(1)(i) and (ii) of this section. CMRS
providers must retain live wireless 911 voice call data gathered
pursuant to this section for a period of 2 years. CMRS providers must
collect and report the following data, expressed as both a number and
percentage of the total number of live wireless 911 voice calls for
which data is collected pursuant to this section:
(1) Live wireless 911 voice calls routed with location-based
routing using location information that meets the timeliness and
accuracy thresholds defined in paragraphs (s)(3)(i)(A) and (B) of this
section;
(2) Live wireless 911 voice calls routed with location-based
routing using location information that does not meet the timeliness or
accuracy thresholds defined in paragraphs (s)(3)(i)(A) and (B) of this
section; and
(3) Live wireless 911 voice calls routed using tower-based routing.
(5) Modification of deadlines by agreement. Nothing in this section
shall prevent PSAPs and CMRS providers from establishing, by mutual
consent, deadlines different from those established for CMRS provider
compliance in paragraphs (s)(1)(i) and (ii) and (s)(2) of this section.
The CMRS provider must notify the Commission of the dates and terms of
the alternate time frame within 30 days of the parties' agreement or
June 11, 2024, whichever is later. The CMRS provider must subsequently
notify the Commission of the actual date by which it comes into
compliance with the location-based routing requirements in paragraph
(s)(1)(i) or (ii) or (s)(2) within 30 days of that date or June 11,
2024, whichever is later. CMRS providers must file such notifications
pursuant to this paragraph (s)(5) in PS Docket No. 18-64. The parties
may not use this paragraph (s)(5) to delay compliance with paragraph
(s)(1)(i) or (ii) or (s)(2) of this section indefinitely.
(6) Compliance dates. Paragraphs (s)(4) and (5) of this section
contain information collection and recordkeeping requirements.
Compliance with paragraphs (s)(4) and (5) will not be required until
after approval by the Office of Management and Budget. The Commission
will publish a document in the Federal Register announcing that
compliance date and revising or removing this paragraph (s)(6)
accordingly.
[FR Doc. 2024-03157 Filed 3-8-24; 4:15 pm]
BILLING CODE 6712-01-P