[Federal Register Volume 78, Number 62 (Monday, April 1, 2013)]
[Proposed Rules]
[Pages 19442-19443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06814]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[EB Docket No. 08-51; DA 13-430]


Public Safety and Homeland Security Bureau Seeks To Refresh the 
Record Regarding Options for Addressing Non-Emergency Calls to 911 From 
Non-Service Initialized Handsets

AGENCY: Federal Communications Commission.

ACTION: Request for Comments.

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SUMMARY: In this document, the Federal Communication Commission's 
(Commission) Public Safety and Homeland Security Bureau (PSHSB) seeks 
to refresh the record regarding the nature and extent of fraudulent 911 
calls made from Non-Service Initialized (NSI) devices; concerns with 
blocking NSI devices used to make fraudulent 911 calls, and suggestions 
for making this a more viable option for carriers; and other possible 
solutions to the problem of fraudulent 911 calls from NSI devices.

DATES: Comments are due on or before May 16, 2013 and reply comments 
are due on or before May 31, 2013.

ADDRESSES: You may submit comments, identified by PS Docket No. 08-51 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     People with Disabilities: Contact the Commission to 
request reasonable accommodations (accessible format documents, sign 
language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 
202-418-0530 or TTY: 202-418-0432. For detailed instructions for 
submitting comments and additional information on the rulemaking 
process, see the SUPPLEMENTARY INFORMATION section of this document.
    Commercial overnight mail (other than U.S. Postal Service Express 
Mail and Priority Mail) must be sent to 9300 East Hampton Drive, 
Capitol Heights, MD 20743.
    U.S. Postal Service first-class, Express, and Priority mail should 
be addressed to 445 12th Street SW., Washington DC 20554.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@fcc.gov or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT: Eric Ehrenreich, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, at (202) 418-1726 
or Eric.Ehrenreich@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communication Commission's Public Notice in PS Docket No. 08-51, DA 13-
430, released on March 14, 2013. This document is available to the 
public at http://www.fcc.gov/document/pshsb-seeks-refresh-non-emergency-911-calls-nsi-handset-record.

Synopsis of the Public Notice

    1. The Commission's rules require commercial mobile radio service 
(CMRS) providers subject to the Commission's 911 rules to forward all 
wireless 911 calls, including those originated from ``non-service-
initialized'' (NSI) handsets, to Public Safety Answering Points 
(PSAPs). In 2008, nine public safety organizations and a software 
development firm (Petitioners) filed a petition for notice of inquiry 
to address the problem of fraudulent non-emergency 911 calls placed to 
PSAPs from NSI handsets. The Commission granted this petition and 
issued a Notice of Inquiry in April 2008 to enhance its understanding 
of the extent of the problem and to explore potential solutions. 
Specifically, the Commission requested comment in three areas: (1) The 
nature and extent of fraudulent 911 calls made from NSI devices; (2) 
concerns with blocking NSI devices used to make fraudulent 911 calls, 
and suggestions for making this a more viable option for carriers; and 
(3) other possible solutions to the problem of fraudulent 911 calls 
from NSI devices.
    2. In light of the concerns raised by Petitioners regarding 
fraudulent non-emergency 911 calls, one of the options on which the 
Notice of Inquiry (73 FR 28,116), sought comment was whether the 
Commission should eliminate the 911 call-forwarding requirement for NSI 
devices. In response, a number of public safety commenters advocated 
for the Commission to eliminate the requirement. However, other 
commenters, including Petitioners, other public safety entities, and 
commercial carriers, took the opposite view, arguing that the public 
had come to rely on the fact that NSI devices are 911-capable and that 
eliminating the call-forwarding requirement could lead to tragic 
results given this public reliance.
    3. In a recently filed ex parte, however, NENA: The 9-1-1 
Association (NENA), one of the original Petitioners, has revised its 
earlier-stated position on this issue. NENA states that based on its 
``members' experience since 2008 * * * we now can support the reversal 
of the `all calls' rule.'' According to NENA, ``PSAPs face an ever-
growing onslaught

[[Page 19443]]

of non-emergency calls to 9-1-1 from NSI devices.'' Moreover, in 
recently filed comments in another docket, NENA states that there is 
now a ``consensus view that the promotion of NSI devices does more harm 
than good.'' NENA further asserts that ``most charities and domestic 
violence advocates [have] abandoned the practice of distributing NSI 
devices.'' NENA states that ``NSI phone donation programs have since 
been supplanted by outright donations of devices and service by CMRS 
providers, and by state and federal programs (such as the Universal 
Service Fund-supported Lifeline program) that provide free or reduced-
cost mobile service to low-income or at-risk individuals.'' However, 
NENA does not support ``overnight'' elimination of the 911 call-
forwarding requirement, proposing instead that the Commission should 
phase out the requirement ``for devices and networks that no longer 
support legacy circuit-switched calling.'' NENA clams that this would 
``minimize stranded investments by carriers and consumers as carriers 
transition to fully IP-based architectures such as LTE and consumers 
transition to IP-only devices that no longer support circuit-switched 
voice services.''
    4. In light of NENA's revised view on the 911 call-forwarding 
requirement, as well as the passage of time since the filing of 
comments in response to the Notice of Inquiry, we seek to refresh the 
record in this proceeding. In particular, we seek comment on whether 
other interested parties agree or disagree with NENA's view that the 
Commission should consider phasing out the call-forwarding requirement 
as it applies to NSI devices. More generally, we seek comment on 
relevant changes in industry, technology, regulation, public practice, 
or otherwise that may have occurred since the earlier filing of 
comments. We also ask commenters to point out any earlier-submitted 
facts or analyses in the record that they now regard as outdated, and 
to provide any new information that they consider relevant.

I. Procedural Matters

A. Ex Parte Presentations

    5. This proceeding has been designated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. 47 CFR 
1.1200 through 1.1216. Persons making ex parte presentations must file 
a copy of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

B. Comment Filing Procedures

    6. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated on the first page of 
this document. Parties may file comments on or before the dates 
indicated on the first page of this document. Please place the docket 
number PS DOCKET NO. 08-51 on all filings. Comments may be filed using 
the Commission's Electronic Comment Filing System (ECFS). See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121, 
May 1, 1998.
    7. Electronic Filers: Comments may be filed electronically using 
the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
    8. Paper Filers: Parties who choose to file by paper must file an 
original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    9. Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    10. All hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    11. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    12. U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    13. People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to fcc504@fcc.gov or call the 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice) or 
(202) 418-0432 (tty).
    14. Copies of the Petition and any subsequently filed documents in 
this matter are also available for inspection in the Commission's 
Reference Information Center: 445 12th Street SW., CY-Level, 
Washington, DC 20554, (202) 418-0270.

Federal Communications Commission.
David S. Turetsky,
Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2013-06814 Filed 3-29-13; 8:45 am]
BILLING CODE 6712-01-P