Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Wireless E911 Location Accuracy Requirements PS Docket No. 07-114 Revision of the Commission’s Rules to Ensure CC Docket No. 94-102 Compatibility with Enhanced 911 Emergency Calling Systems Association of Public-Safety Communications Officials-International, Inc. Request for Declaratory Ruling 911 Requirements for IP-Enabled Service WC Docket No. 05-196 Provivders Comments of the WiMAX Forum The WiMAX Forum® is the world’s leading organization promoting global standardization for, and adoption of, metro-scale wireless broadband networks using the IEEE 802.16 and ETSI HiperMAN wireless MAN specifications. The WiMAX Forum’s goal is to accelerate the introduction of these devices into the marketplace. WiMAX Forum CertifiedTM products will be fully interoperable and support metropolitan broadband fixed, nomadic and mobile applications. Collaboratively, the WiMAX Forum is pursuing programs to assure certification and interoperability of mobile WiMAXTM products, global roaming, interworking to complement existing voice networks, development of applications and services optimized for WiMAX, and the promotion of WiMAX products worldwide. 1 The WiMAX Forum appreciates the opportunity to provide comments in response to the Federal Communications Commission’s (“Commission”) Notice of Proposed Rulemaking (“NPRM”) released on June 1, 2007, in the above dockets.1 Pursuant to the Commission’s bifurcated comment cycle, these comments address only the issues noticed in Section III.B of the Commission’s NPRM on timing aspects, a single location standard, approaches to location determination, compliance testing, 911 when roaming and application to interconnected VoIP services. The WiMAX Forum applauds the Commission for its commitment to ensure that wireless E911 meets the needs of the American public. Wireless broadband systems based on WiMAX technology are in the initial phases of deployment and will be providing services such as VoIP to it customers. The Forum is committed to meeting the needs of their customers with regards to services discussed in this NPRM but we note that the location standards and technologies applicable to WiMAX and the applications it carries, such as VoIP, are early in the development phase. It will be many years before a solution is ready to be deployed on a system wide basis because location capabilities for wireless devices are extraordinarily difficult to establish and maintain2. 1 Wireless E911 Location Accuracy Requirements, Revision of the Commission’s Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, Association of Public-Safety Communications Officials-International, Inc. Request for Declaratory Ruling, 911 Requirements for IP- Enabled Service Providers, Notice of Proposed Rulemaking, 22 FCC Rcd 10609 (2007) (“NPRM”). 2 See, e.g., Comments of Motorola, CC Docket No. 94-102 (filed Jan. 5, 2001) (noting that Motorola and Nextel require additional time to provide E911 location services); Reply to Comments to Petition for Reconsideration of Nokia Inc. and Motorola, Inc., CC Docket No. 94-102 (filed March 3, 2000) (stating that the Commission’s E911 Third Report and Order establishes impractical timing and volume requirements that are unsupported by any manufacturer of wireless equipment); Reply Comments of Motorola, Inc., WC Docket No. 94-102, Attachment (filed July 2, 1999) (discussing various accuracy proposals); Letter from Leo R. Fitzsimon, Nokia, to Magalie Roman Salas, FCC, CC Docket No. 94-102 (filed June 14, 1999) (providing information on the E-OTD location method and its limitations). 2 The WiMAX Forum supports the comments filed by Sprint and AT&T that the Commission must first resolve the issues surrounding the testing standards before the items that are discussed in Section III.B of the NPRM can even begin to be addressed. Before the Commission considers the possibility of standardizing any solutions for the consumer market, it first needs to build a full and complete record in order to undertake the appropriate analysis. Indeed, the Commission should continue its history of advancing technology neutral regulations which promote innovation. To this end, the WiMAX Forum does not support regulations that would impose a specific technology or technological standard on VoIP providers for the implementation of E911. After analyzing a full and complete record, should the Commission nonetheless choose to issue further regulations, they should comprehend substantial time for implementation before any VoIP auto location and/or accuracy mandate would become effective. For example, if the Commission were to decide that location accuracy is to be determined at a PSAP level3, then VoIP providers must be given adequate time to come into compliance with this new requirement should be provided to the licensees.4 Failure on the Commission’s part to provide adequate time for effective implementation could be detrimental to consumers and our nation’s public safety. 3 If the Commission does determine a single location accuracy standard is required, the Forum believes that the capabilities of commercially deployed solutions to provide location determination will be similar to that which can be provided by the current technologies. 4 See Comments of Sprint Nextel, PS Docket No. 07-114 (filed July 5, 2007) (noting that if the Commission does establish a new accuracy standard, it should stay the effective date of such an Order for a reasonable period of time until the technology is developed to meet this new standard) at p.3, See Comments of AT&T, PS Docket No. 07-114 (filed July 5, 2007) (noting at that if the Commission were to adopt it proposed PSAP-level accuracy requirement, AT&T agrees that the rule should not and could not be immediately enforced) at p. 13. 3 In sum, while the Commission’s intent is admirable in this proceeding, it must move forward judiciously, so as to avoid inadvertently stifling innovation and harming the public interest. A rush to over-regulate without the benefit of a full and complete record could risk the significant technological advances – and life-saving opportunities. Respectfully Submitted WiMAX Forum /s/ Tim Hewitt August 20, 2007 Tim Hewitt Chair, WiMAX Forum Regulatory Working Group WiMAX Forum 2495 Leghorn Street Mountain View, CA 94043 The WiMAX Forum™ is an organization of more than 400 operators, communications component and equipment companies. The WiMAX Forum’s charter is to promote and certify the compatibility and interoperability of broadband wireless access equipment that conforms to the Institute for Electrical and Electronics Engineers (IEEE) 802.16 and ETSI HiperMAN standards. The WiMAX Forum was established to help remove barriers to wide-scale adoption of Broadband Wireless Access (BWA) technology, since a standard alone is not enough to incite mass adoption of a technology. 4 .