40348 Federal Register / Vol. 61, No. 150 / Friday, August 2, 1996 / Rules and Regulations

(2) * * * FEDERAL COMMUNICATIONS broadband Personal Communications (iv) * * * COMMISSION Service (PCS), and certain Specialized Mobile Radio (SMR) licensees.1 These Regional Solicitor, Rocky Mountain 47 CFR Part 20 SMR providers include 800 MHz and Region, U.S. Department of the Interior, [CC Docket No. 94±102; FCC 96±264] 900 MHz SMR licensees that hold 755 Parfet Street, Suite 151, Lakewood, geographic area licensees, as well as CO 80215; Compatibility of Wireless Services incumbent wide area SMR licensees * * * * * With Enhanced 911 defined as licensees who have obtained extended implementation Subpart LÐSpecial Rules Applicable AGENCY: Federal Communications authorizations in the 800 MHz or 900 to Surface Coal Mining Hearings and Commission. MHz SMR service, either by waiver or Appeals ACTION: Final rule. under Section 90.629 of the Commission’s Rules. The covered SMR 3. The authority citation for subpart L SUMMARY: The Federal Communications providers include only licensees that of part 4 continues to read as follows: Commission has adopted a Report and offer real-time, tow-way switched voice Authority: 30 U.S.C. 1256, 1260, 1261, Order and Further Notice of Proposed service that is interconnected with the 1264, 1268, 1271, 1272, 1275, 1293; 5 U.S.C. Rulemaking that creates rules to govern public switched network, either on a 301. the availability of basic 911 services and stand-alone basis or packaged with the implementation of Enhanced 911 other telecommunications services. § 4.1109 [Amended] (E911) for wireless services. (The These classes of licensees are hereafter summary of the Further Notice of 4. In § 4.1109(a)(2), the seven referred to as ‘‘covered carriers.’’ Certain Proposed Rulemaking portion of this undesignated paragraphs are designated other SMR licensees and Mobile decision may be found elsewhere in this as (i) through (vii). Satellite Service (MSS) carriers are edition of the Federal Register). The exempt from our requirements. 5. In § 4.1109, newly designated primary goal of this proceeding is to 2. For basic 911 services, the R&O first paragraphs (a)(2) (iii), (v), and (vii) are promote safety of life and property requires that, not later than 12 months revised to read as follows: through the use of wireless after the effective date of the rules communications, ensure broad § 4.1109 Service. adopted in this proceeding, covered availability of wireless 911 services, by carriers must process and transmit to (a) * * * creating a uniform, nationwide standard any appropriate PSAPs all 911 calls (2) * * * concerning the processing of 911 calls made from wireless mobile handsets from wireless handsets, and establish a which transmit a code identification,2 (iii) For mining operations in timetable for the development and Colorado, Montana, North Dakota, including calls initiated by roamers. The deployment of technologies that will processing and transmission of such South Dakota, and Wyoming, including enable wireless carriers and emergency mining operations located on Indian calls shall not be subject to any user service providers to identify the location validation or similar procedure that lands within those States: Regional of wireless 911 callers. Solicitor, Rocky Mountain Region, U.S. otherwise may be invoked by the EFFECTIVE DATE: Department of the Interior, 755 Parfet October 1, 1996. covered carrier. Street, Suite 151, Lakewood, CO 80215; FOR FURTHER INFORMATION CONTACT: 3. In the case of 911 calls made from Telephone: (303) 231–5350; FAX: (303) Peter G. Wolfe, Policy Division, wireless mobile handsets that do not 231–5360. Wireless Telecommunications Bureau, transmit a code identification, not later (202) 418–1310. than 12 months after the effective date * * * * * SUPPLEMENTARY INFORMATION: This is a of the rules adopted in this proceeding, (v) For the challenge of permitting summary of the Report and Order covered carriers must process and decisions affecting mining operations (‘‘R&O’’) portion of the Commission’s transmit such calls to any appropriate located on Indian lands within Arizona, Report and Order and Further Notice of PSAP which previously has issued a California, and New Mexico: Regional Proposed Rulemaking in CC Docket No. formal instruction to the carrier Solicitor, Rocky Mountain Region, U.S. 94–104; FCC 96–264, adopted June 12, Department of the Interior, 755 Parfet 1 The Notice of Proposed Rulemaking initiating 1996, and released July 26, 1996. The this proceeding may be found at 59 FR 54878, Street, Suite 151, Lakewood, CO 80215; summary of the Further Notice of Telephone: (303) 231–5350; FAX: (303) November 2, 1994. Proposed Rulemaking portion of this 2 The term ‘‘code identification,’’ when used in 231–5360. decision may be found elsewhere in this this Order in conjunction with 911 calls, means (1) * * * * * edition of the Federal Register. The in the case of calls transmitted over the facilities of a covered carrier other than a Specialized Mobile (vii) For the challenge of permitting complete text of this R&O is available Radio carrier that is subject to the requirements of decisions affecting mining operations in for inspection and copying during this Order, a call originated from a mobile unit Washington: Regional Solicitor, Rocky normal business hours in the FCC which has a Mobile Identification Number (MIN); Reference Center (Room 239), 1919 M and (2) in the case of calls transmitted over the Mountain Region, U.S. Department of facilities of a Specialized Mobile Radio carrier that the Interior, 755 Parfet Street, Suite 151, Street, N.W. Washington, D.C., and may is subject to the requirements of this Order, a call Lakewood, CO 80215; Telephone: (303) be purchased from the Commission’s originated from a mobile unit which has the 231–5350; FAX: (303) 231–5360. copy contractor, International functional equivalent of a MIN. A MIN is a 34-bit Transcription Service, (202) 857–3800, binary number that a PCS or cellular handset * * * * * transmits as part of the process of identifying itself Dated: June 12, 1996. 2100 M Street, N.W., Suite 140, to wireless networks. Each handset has one MIN, Washington, D.C. 20037. and it is derived from the ten-digit North American Brooks B. Yeager, Numbering Plan (NANP) telephone number that is Acting Assistant Secretary—Policy, Synopsis of the Report and Order programmed into the handset by a CMRS provider Management and Budget. generally when it initiates service for a new 1. In the R&O, the Commission subscriber. See, e.g., EIA/TIA Standard 553, Mobile [FR Doc. 96–19392 Filed 8–1–96; 8:45 am] adopted several requirements and made Station—Land Station Compatibility Specification, BILLING CODE 4310±79±M them applicable to all cellular licensees, September 1989, at 2.3.1. Federal Register / Vol. 61, No. 150 / Friday, August 2, 1996 / Rules and Regulations 40349 involved that the PSAP desires to Analysis (IRFA) was incorporated in the emergency service provider capabilities receive such calls from the carrier. Notice. The Commission sought written in such markets. 4. Not later than 12 months after the public comments on the proposals in III. Projected Reporting, Recordkeeping effective date of the rules adopted in the Notice, including on the IRFA. The and Other Compliance Requirements of this proceeding, covered carriers must Commission’s Final Regulatory the Rule be capable of transmitting calls by Flexibility Analysis (FRFA) in this individuals with speech or hearing Order conforms to the RFA, as amended 13. There are no general reporting or disabilities through devices used in by the Contract With America recordkeeping requirements. There are, conjunction with or as a substitute for Advancement Act of 1996, Public Law however, requirements for a group of traditional wireless mobile handsets, No. 104–121, 110 Stat. 847 (1996) trade and consumer organizations to e.g., through the use of Text Telephone (CWAAA).3 report to the Commission on the status Devices (TTY) to local 911 services. of industry discussions of technical 5. The implementation and I. Need For and Objective of the Rules standards and other implementation deployment of enhanced 911(E911) 10. This Report and Order adopts issues. We assume that these reports features and functions will be policies concerning the operation of 911 will be prepared by the professional accomplished in two phases. Under and enhanced 911 (E911) emergency staff of these associations, and we do Phase I, not later than 12 months after calling service and the services not intend to impose any unnecessary the effective date of the rules adopted in provided by cellular, broadband burdens or costs on the entities involved this proceeding, covered carriers must personal communications services in the preparation and submission of the have initiated the actions necessary to (PCS), and geographic area specialized reports. The rule will require cellular, enable them to relay a caller’s mobile radio (SMR) licensees. broadband PCS, and geographic area Automatic Number Identification (ANI) Commenters responding to the Notice in SMR licensees to upgrade their and the location of the base station or this proceeding have identified a equipment so that: cell site receiving a 911 call to the number of ways in which 911 and E911 (1) 911 calls from wireless mobile designated PSAP. Not later than 18 might be available through the use of handsets which transmit a code months after the effective date of the wireless telephones, and have indicated identification will be transmitted rules adopted in this R&O, such carriers that more widely available 911 and without delay or credit verification. must have completed these actions. E911 services will save lives and (2) 911 calls from any mobile handset These capabilities will allow the PSAP property. Commenters also have will be transmitted without delay or attendant to call back if the 911 call is indicated that various enhancements to credit verification to any emergency disconnected. wireless 911 service, such as the ability service provider who requests that they 6. Under Phase II, not later than five of the carrier to provide precise caller be transmitted. years after the effective date of the rules location information to the public safety (3) 911 calls may be transmitted by adopted in this proceeding, covered answering point administrators, would speech or hearing impaired individuals carriers are required to achieve the make significant contributions to the through Text Telephone Devices. capability to identify the latitude and effectiveness of wireless 911 services. (4) Emergency service providers will longitude of a mobile unit making a 911 11. We find that the benefit of be enabled to call back 911 calls which call, within a radius of no more than providing for more widely available and are disconnected. 125 meters in 67 percent of all cases. more effective 911 and E911 services for (5) Emergency service providers will 7. The E911 (Phase I and Phase II) users of wireless telephones exceed any be sent the location of the 911 caller requirements imposed upon covered negative effects that may result from the within a radius of 125 meters by carriers in the Order shall apply only if promulgation of rules for this purpose. longitude and latitude in 67 percent of (1) a carrier receives a request for such Thus, we conclude that the public all cases. E911 services from the administrator of interest is served by requiring that 14. These upgrades will require a PSAP that is capable of receiving and wireless telephones operate effectively engineering and construction work on utilizing the data elements associated with E911 systems. switches, protocols, and network with the services; and (2) a mechanism architectures. We recognize that full for the recovery of costs relating to the II. Summary of Issues Raised by the implementation of wireless E911 will provision of such services is in place. If Public Comments In Response to the incur additional expenses. However, we the carrier receives a request less than Initial Regulatory Flexibility Analysis have found that E911 service to be in 6 months before the implementation 12. No comments were submitted in the public interest and that these dates of Phase I and Phase II, then it direct response to the Initial Regulatory relatively fixed costs will be spread over must comply with the Phase I and Phase Flexibility Analysis. In general a widening base of subscribers as II requirements within 6 months after comments on the Notice, however, a wireless subscribership grows, lowering the receipt of the notice specifying the number of commenters raised issues unit costs per subscriber. request. that might affect small entities. Most of IV. Description and Estimate of Small 8. Covered carriers, in coordination the wireless industry supported Entities Subject to the Rules with the public safety organizations, are exemption for site-specific Specialized 15. The rule adopted in this Report also directed to resolve certain E911 Mobile Radio (SMR) licensees due to and Order will apply to providers of implementation issues, including grade their limited interconnection with the cellular, broadband PCS, and geographic of service and interface standards, public switched network. Rural cellular area 800 MHz and 900 MHz Specialized through industry consensus in providers argued that they should be Mobile Radio (SMR) services, including conjunction with standard-setting exempted from E911 requirements licensees who have obtained extended bodies. because of the high expense in low implementation authorizations in the density markets, as well as the lack of Final Regulatory Flexibility Analysis 800 MHz or 900 MHz SMR services, 9. As required by Section 603 of the 3 Subtitle II of the CWAAA is ‘‘The Small either by waiver or under Section Regulatory Flexibility Act, 5 U.S.C. 603 Business Regulatory Enforcement Fairness Act of 90.629 of the Commission’s Rules. (RFA), an Initial Regulatory Flexibility 1996,’’ (SBREFA), codified at 5 U.S.C. § 601. However, the rule will apply to SMR 40350 Federal Register / Vol. 61, No. 150 / Friday, August 2, 1996 / Rules and Regulations licensees only if they offer real-time, businesses. Comments filed by small prospective D, E, and F Block licensees two-way voice service that is business associations, the Organization can be made, we assume, for purposes interconnected with the public switched for the Protection and Advancement of of our evaluations and conclusions in network. Small Telephone Companies this FRFA, that all of the licenses will (OPASTCO), state that 2⁄3 of its 440 be awarded to small entities, as that a. Estimates for Cellular Licensees members provide cellular service, and term is defined by the SBA. 16. The Commission has not comments filed by the Rural Cellular c. Estimates for SMR Licensees developed a definition of small entities Association (RCA) state that its applicable to cellular licensees. members serve 80 cellular service areas. 22. Pursuant to 47 C.F.R. 90.814(b)(1), Therefore, the applicable definition of We recognize that these numbers the Commission has defined ‘‘small small entity is the definition under the represent only part of the current rural entity’’ for geographic area 800 MHz and Small Business Administration (SBA) cellular licensees because there might 900 MHz SMR licenses as firms that had rules applicable to radiotelephone be other rural companies not average gross revenues of less than $15 companies. This definition provides represented by either association. million in the three previous calendar that a small entity is a radiotelephone years. This regulation defining ‘‘small company employing fewer than 1,500 b. Estimates for Broadband PCS entity’’ in the context of 800 MHz and persons.4 Since the Regulatory Licensees 900 MHz SMR has been approved by the Flexibility Act amendments were not in 19. The broadband PCS spectrum is SBA.8 effect until the record in this proceeding divided into six frequency blocks 23. The rule adopted in this Report was closed, the Commission was unable designated A through F. Pursuant to 47 and Order applies to SMR providers in to request information regarding the CFR § 24.720(b), the Commission has the 800 MHz and 900 MHz bands that number of small cellular businesses and defined ‘‘small entity’’ for Blocks C and either hold geographic area licenses or is unable at this time to make a precise F licensees as firms that had average have obtained extended implementation estimate of the number of cellular firms gross revenues of less than $40 million authorizations. We do not know how which are small businesses. in the three previous calendar years. many firms provide 800 MHz or 900 17. The size data provided by the SBA This regulation defining ‘‘small entity’’ MHz geographic area SMR service does not enable us to make a meaningful in the context of broadband PCS pursuant to extended implementation estimate of the number of cellular auctions has been approved by the authorizations, nor how many of these providers which are small entities SBA.7 providers have annual revenues of less because it combines all radiotelephone 20. The Commission has auctioned than $15 million. Since the Regulatory companies with 500 or more broadband PCS licenses in Blocks A, B, Flexibility Act amendments were not in 5 effect until the record in this proceeding employees. We therefore used the 1992 and C. We do not have sufficient data was closed, the Commission was unable Census of Transportation, to determine how many small to request information regarding the Communications, and Utilities, businesses under the Commission’s number of small businesses in this conducted by the Bureau of the Census, definition bid successfully for licenses category. We do know that one of these which is the most recent information in Blocks A and B. As of now, there are firms has over $15 million in revenues. available. That census shows that only 90 non-defaulting winning bidders that We assume, for purposes of our 12 radiotelephone firms out of a total of qualify as small entities in the Block C evaluations and conclusions in this 1,178 such firms which operated during auction. Based on this information, we FRFA, that all of the remaining existing 1992 had 1,000 or more employees.6 conclude that the number of broadband extended implementation Therefore, even if all 12 of these large PCS licensees affected by the rule firms were cellular telephone authorizations are held by small adopted in this Report and Order entities, as that term is defined by the companies, all of the remainder were includes the 90 non-defaulting winning small businesses under the SBA’s SBA. bidders that qualify as small entities in 24. The Commission recently held definition. We assume that, for purposes the Block C broadband PCS auction. auctions for geographic area licenses in of our evaluations and conclusions in 21. At present, no licenses have been the 900 MHz SMR band. There were 60 the Final Regulatory Flexibility awarded for Blocks D, E, and F for winning bidders who qualified as small Analysis, all of the current cellular spectrum. Therefore, there are no small entities under the Commission’s licensees are small entities, as that term businesses currently providing these definition in the 900 MHz auction. is defined by the SBA. Although there services. However, a total of 1,479 Based on this information, we conclude are 1,758 cellular licenses, we do not licenses will be awarded in the D, E, that the number of geographic area SMR know the number of cellular licensees, and F Block broadband PCS auctions, licensees affected by the rule adopted in since a cellular licensee may own which are scheduled to begin on August this Report and Order includes these 60 several licenses. 26, 1996. Eligibility for the 493 F Block small entities. 18. We assume that all of the current licensees is limited to ‘‘entrepreneur’’ 25. No auctions have been held for rural cellular licensees are small with the average gross revenues of less 800 MHz geographic area SMR licenses. than $125 million. However, we cannot 4 13 CFR § 121.201, Standard Industrial estimate how many small businesses 8 See Amendment of Parts 2 and 90 of the Classification (SIC) Code 4812. Commission’s Rules to Provide for the Use of 200 5 U. S. Small Business Administration 1992 under the Commission’s definition will win F Block licensees, or D and E Block Channels Outside the Designated Filing Areas in Economic Census Employment Report, Bureau of the 896–901 MHz and the 935–940 MHz Bands the Census, U.S. Department of Commerce, SIC licensees. Given the facts that nearly all Allotted to the Specialized Mobile Radio Pool, PR Code 4812 (radiotelephone communications radiotelephone companies have fewer Docket No. 89–583, Second Order on industry data adopted by the SBA Office of than 1,000 employees and that no Reconsideration and Seventh Report and Order, 11 Advocacy). FCC Rcd 2639, 2693–702 (1995); Amendment of 6 U.S. Bureau of the Census, U.S. Department of reliable estimate of the number of Part 90 of the Commission’s Rules to Facilitate Commerce, 1992 Census of Transportation, Future Development of SMR Systems in the 800 Communications, and Utilities, UC92–S–1, Subject 7 See Implementation of Section 309(j) of the MHz Frequency Band, PR Docket No. 93–144, First Series, Establishment and Firm Size, Table 5, Communications Act—Competitive Bidding, PP Report and Order, Eighth Report and Order, and Employment Size of Firms: 1992, SIC Code 4812 Docket No. 93–253, Fifth Report and Order, 9 FCC Second Further Notice of Proposed Rulemaking, 11 (issued May 1995). Rcd 5532, 5581–84 (1994). FCC Rcd 1463 (1995). Federal Register / Vol. 61, No. 150 / Friday, August 2, 1996 / Rules and Regulations 40351

Therefore, no small entities currently VI. Significant Alternatives Considered be allowed to develop standards with hold these licenses. A total of 525 and Rejected monitoring by the Commission, since licenses will be awarded for the upper 27. The Commission rejected the these issues require a level of expertise 200 channels in the 800 MHz alternative proposal that the rules which can best be achieved by intra- geographic area SMR auction. However, should be applicable to all providers of industry discussions. the Commission has not yet determined Commercial Mobile voice services VII. Report to Congress how many licenses will be awarded for because not all CMRS services are mass the lower 230 channels in the 800 MHz market voice services whose users 29. The Commission shall send a copy geographic area SMR auction. There is expect to be able to use them to call 911. of this Final Regulatory Flexibility no basis to estimate, moreover, how Specifically, the Commission found that Analysis along with this Order in a many small entities within the SBA’s the costs of requiring local SMR services report to Congress pursuant of the Small definition will win these licenses. Given to comply with the rules would Business Regulatory Enforcement the facts that nearly all radiotelephone outweigh the benefits and application of Fairness Act of 1996, codified at 5 companies have fewer than 1,000 the rules to them, and would give them U.S.C. Section 801(a)(1)(A). A copy of employees and that no reliable estimate an incentive to eliminate their this RFA will also be published in the of the number of prospective 800 MHz interconnection to the public network, Federal Register. licensees can be made, we assume, for which would not be in the public Ordering Clauses purposes of our evaluations and interest. The Commission did not conclusions in this FRFA, that all of the exempt rural cellular carriers from these 30. Accordingly, it is ordered that the licenses will be awarded to small requirements, as requested by some of rule amendments specified below shall entities, as that term is defined by the commenters, but instead provided for become effective October 1, 1996. SBA. waivers. The Consensus Agreement 31. It is further ordered That the V. Steps Taken To Minimize the between the Cellular Telephone Petition of the Ad Hoc Alliance for Burdens on Small Entities Industry Association and public safety Public Access to 911 is granted in part, organizations indicated that the as set forth in the text of the Order. 26. The Commission in this signatories would work with rural 32. It is further ordered That the proceeding has considered comments cellular carriers to resolve their signatories to the Consensus Agreement, on ways of achieving wider 911 problems in good faith, and that the the Personal Communications Industry availability and E911 compatibility with issue of how such carriers would be Association, and the Ad Hoc Alliance wireless telephone services. In doing so, treated need not delay the final rule, for Public Access to 911 file joint annual the Commission has adopted which would be required in the public reports within 30 days after the end of alternatives which minimize burdens interest. Instead, reviewing the need for each calendar year, as set forth in the placed on small entities. First, it has applying the rules to rural cellular text of this Order. limited the regulations to mass market carriers could be reviewed on an 33. It is further ordered That the two-way voice services. In doing so, it individualized basis. Moreover, the signatories to the Consensus Agreement, excluded small local specialized mobile Commission relied on the the Personal Communications Industry services which provide mainly dispatch representations that many emergency Association, and Telecommunications services and do not provide the mass service providers do not use 911 in rural for the Deaf, Inc. file a joint report market services which most users rely areas, so that the requirement that the within one year of the effective date of on to send 911 calls. It has also emergency service providers would the rules adopted herein, as set forth in excluded mobile satellite systems. have to request and be capable of the text of the Order. Second, it provided for waivers for receiving and using the E911 services small rural cellular carriers, and also would protect carriers from the 34. This action is taken pursuant to provided that most services would not obligation to provide unneeded services. Sections 1, 4(i), 201, 208, 215, 303, and be required unless specifically Further, the requirement that there be a 309 of the Communications Act of 1934, requested by the local emergency cost recovery mechanism would protect as amended, 47 U.S.C. 151, 154(i), 201, service providers. Third, it has taken small carriers from having to absorb 208, 215, 303, 309. industry concerns into account by excessive costs. List of Subjects in 47 CFR Part 20 basing the schedule for implementing 28. The Commission rejected E911 on that recommended by the proposals to delay the provision of the Communications common carriers, Consensus Agreement between the upgrades necessary to expand the Federal Communications Commission. Cellular Telephone Industry Association availability of 911 and the accuracy of Federal Communications Commission. and public safety organizations, which location technology because these William F. Caton, does not require caller location upgrades will result in saving lives and Acting Secretary. information until five years after the property and because the requirements rules adopted in the Order become of the rules were included in the Rule Changes effective. Finally, it has made the E911 Consensus Agreement. We rejected the Part 20 of Title 47 of the Code of requirements conditional on (1) a argument that imposing 911 availability Federal Regulations is amended as request by a local emergency service requirements on wireless carriers would follows: provider that is capable of receiving and competitively disadvantage wireless using the information; and (2) a carriers, since several wireless carriers PART 20ÐCOMMERCIAL MOBILE mechanism for the recovery of costs have been voluntarily transmitting 911 RADIO SERVICES relating to the provision of the service. calls without a validation requirement. Therefore, the burden on small entities Moreover, the Commission rejected 1. The authority citation for Part 20 will be offset by the requirement that a proposals that Federal grade of service continues to read as follows: cost recovery mechanism will be in and other standards should be Authority: Sections 4, 303 and 332, 48 Stat. place before their E911 obligations need developed by the Commission, and 1066, 1082, as amended; 47 U.S.C. 154, 303, to be implemented. instead determined that parties should and 332. 40352 Federal Register / Vol. 61, No. 150 / Friday, August 2, 1996 / Rules and Regulations

2. Section 20.03 is amended by (d) As of April 1, 1998, licensees Convention Act (16 U.S.C. 971 et seq.) adding the following definitions in subject to this section must relay the governing the harvest of ABT by persons alphabetical order to read as follows: telephone number of the originator of a and vessels subject to U.S. jurisdiction 911 call and the location of the cell site § 20.3 Definitions. are found at 50 CFR part 285. or base station receiving a 911 call from Implementing regulations for the Automatic Number Identification. A any mobile handset or text telephone Atlantic tuna fisheries at 50 CFR 285.22 system which permits the identification device accessing their systems to the provide for a total annual quota of large of the caller’s telephone number. designated Public Service Answering * * * * * Point through the use of Pseudo school and small medium ABT Code Identification. A Mobile Automatic Number Identification and (measuring between 47 inches (119 cm) Identification Number for calls carried Automatic Number Identification. and 73 inches (185 cm) total curved fork over the facilities of a cellular or (e) As of October 1, 2001, licensees length) to be harvested from the Broadband PCS licensees, or the subject to this section must provide to regulatory area. The Assistant functional equivalent of a Mobile the designated Public Service Administrator for Fisheries, NOAA Identification Number in the case of Answering Point the location of a 911 (AA), is authorized under § 285.20(b)(1) calls carried over the facilities of a call by longitude and latitude within a to monitor the catch and landing Specialized Mobile Radio Services. radius of 125 meters using root mean statistics and, on the basis of those * * * * * square techniques. statistics, to project a date when the Mobile Identification Number. A 34- (f) The requirements set forth in catch of ABT will equal any quota under bit number that is a digital paragraphs (d) and (e) of this section § 285.22. The AA is further authorized representation of the 10-digit directory shall be applicable only if the under § 285.20(b)(1) to prohibit fishing telephone number assigned to a mobile administrator of the designated Public for, or retention of, ABT by those fishing station. Service Answering Point has requested in the category subject to the quota * * * * * the services required under those when the catch of tuna equals the quota Pseudo Automatic Number paragraphs and is capable of receiving established under § 285.22. The AA has Identification. A system which and utilizing the data elements determined, based on the reported catch identifies the location of the base station associated with the service, and a and estimated fishing effort, that the or cell site through which a mobile call mechanism for recovering the costs of annual quota of large school and small originates. the service is in place. Public Safety Answering Point. A medium ABT will be attained by July point that has been designated to [FR Doc. 96–19662 Filed 8–1–96; 8:45 am] 31, 1996. Fishing for, catching, receive 911 calls and route them to BILLING CODE 6712±01±P possessing, or landing any large school emergency service personnel. or small medium ABT must cease by * * * * * 2330 hours local time on July 31, 1996. 3. Section 20.18 is added to read as DEPARTMENT OF COMMERCE However, anglers may continue to fish follows: National Oceanic and Atmospheric for ABT 47 inches (119 cm) or greater § 20.18 911 Service. Administration under the NMFS tag and release program (50 CFR 285.27). The Angling (a) The following requirements are category fishery for school ABT only applicable to Broadband Personal 50 CFR Part 285 (measuring between 27 inches (69 cm) Communications Services (part 24, [I.D. 072996C] subpart E of this chapter) and Cellular and 47 inches (119 cm)) in the waters Radio Telephone Service (part 22, Atlantic Tuna Fisheries; Closure off Delaware and south was previously subpart H of this chapter), Geographic closed on July 25, 1996 (61 FR 38656, AGENCY: National Marine Fisheries Area Specialized Mobile Radio Services July 25, 1996). The Angling category Service (NMFS), National Oceanic and in the 800 MHz and 900 MHz bands fishery for school ABT for waters off Atmospheric Administration (NOAA), (included in part 90, subpart S of this New Jersey and states north (north of Commerce. chapter) and offer real-time, two-way 38°47′ N. lat.) is not affected by this voice service that is interconnected with ACTION: Fishery closure. closure, and continues to remain open. the public switched network, and SUMMARY: NMFS closes the Angling Classification Incumbent Wide Area SMR Licensees. category fishery for large school and (b) As of October 1, 1997, licensees small medium Atlantic bluefin tuna This action is taken under 50 CFR subject to this section must process all (ABT). Closure of this fishery is 285.20(b) and 50 CFR 285.22 and is 911 calls which transmit a Code necessary because the annual quota of exempt from review under E.O. 12866. Identification and must process all 911 100 metric tons (mt) of large school and Authority: 16 U.S.C. 971 et seq. wireless calls which do not transmit a small medium ABT allocated to the Code Identification where requested by Angling category is projected to be Dated: July 29, 1996. the administrator of the designated attained by July 31, 1996. The intent of Richard W. Surdi, Public Safety Answering Point which is this action is to prevent overharvest of capable of receiving and utilizing the Acting Director, Office of Fisheries the quota established for this fishery. Conservation and Management, National data elements associated with 911 Marine Fisheries Service. service. EFFECTIVE DATE: The closure is effective (c) As of October 1, 1997, licensees from 2330 hours local time July 31 [FR Doc. 96–19635 Filed 7–29–96; 5:02 pm] subject to this section must be capable through December 31, 1996. BILLING CODE 3510±22±F of transmitting 911 calls from FOR FURTHER INFORMATION CONTACT: Bill individuals with speech or hearing Hogarth, 301–713–2347. disabilities through means other than SUPPLEMENTARY INFORMATION: mobile radio handsets, e.g., through the Regulations implemented under the use of Text Telephone Devices. authority of the Atlantic Tunas