Notice2024-01480
Information Collection Being Reviewed by the Federal Communications Commission
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 25, 2024
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.
Full Text
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<title>Federal Register, Volume 89 Issue 17 (Thursday, January 25, 2024)</title>
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[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4947-4949]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01480]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1210; FR ID 198699]
Information Collection Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act (PRA) of 1995, the
Federal Communications Commission (FCC or the Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collection. Comments are requested
concerning: whether the proposed collection of information is necessary
for the proper performance of the functions of the Commission,
including whether the information shall have practical utility; the
accuracy of the Commission's burden estimate; ways to enhance the
quality, utility, and clarity of the information collected; ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees.
DATES: Written PRA comments should be submitted on or before March 25,
2024. If you anticipate that you will be submitting comments, but find
it difficult to do so within the period of time allowed by this notice,
you should advise the contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email
<a href="/cdn-cgi/l/email-protection#d686849796b0b5b5f8b1b9a0"><span class="__cf_email__" data-cfemail="98c8cad9d8fefbfbb6fff7ee">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#0d63646e6261682362636a6861684d6b6e6e236a627b"><span class="__cf_email__" data-cfemail="3e50575d51525b105150595b525b7e585d5d10595148">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Nicole Ongele, (202) 418-2991.
SUPPLEMENTARY INFORMATION: The FCC may not conduct or sponsor a
collection of information unless it displays a currently valid control
number. No person shall be subject to any penalty for failing to comply
with a collection of information subject to the PRA that does not
display a valid Office of Management and Budget (OMB) control number.
OMB Control Number: 3060-1210.
Title: Wireless E911 Location Accuracy Requirements (PS Docket No.
07-114).
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit, State, Local or Tribal
Government, and Federal Government.
Number of Respondents and Responses: 4,190 respondents; 21,336
responses.
Estimated Time per Response: 2-10 hours.
Frequency of Response: Recordkeeping, on occasion; one-time;
quarterly and semi-annual reporting requirements, and third-party
disclosure requirements.
Obligation to Respond: Mandatory. Statutory authority for this
information collection is contained in 47 U.S.C. 1, 2,
[[Page 4948]]
4(i), 7, 10, 201, 214, 222, 251(e), 301, 302, 303, 303(b), 303(r), 307,
307(a), 309, 309(j)(3), 316, 316(a), and 332 of the Communications Act
of 1934, as amended.
Total Annual Burden: 94,098 hours.
Total Annual Cost: No Cost.
Needs and Uses: This notice pertains to multiple information
collections relating to the Commission's wireless E911 indoor location
accuracy regulations. As described below, OMB previously approved the
information collections associated with OMB Control No. 3060-1210.
Section 9.10(i)(4)(iv) requires all CMRS providers to certify
``that neither they nor any third party they rely on to obtain
dispatchable location information will use dispatchable location
information or associated data for any non-911 purpose, except with
prior express consent or as otherwise required by law.'' In addition,
``[t]he certification must state that CMRS providers and any third
party they rely on to obtain dispatchable location information will
implement measures sufficient to safeguard the privacy and security of
dispatchable location information.'' Under 47 CFR 9.10(i)(4)(v), all
CMRS providers must certify ``that neither they nor any third party
they rely on to obtain z-axis information will use z-axis information
or associated data for any non-911 purpose, except with prior express
consent or as otherwise required by law.'' Further, ``[t]he
certification must state that CMRS providers and any third party they
rely on to obtain z-axis information will implement measures sufficient
to safeguard the privacy and security of z-axis location information.''
The Commission obtained OMB approval for the information collections
contained in these certifications after adopting the Fourth Report and
Order, Fifth Report and Sixth Report and Order under OMB Control No.
3060-1210. The Sixth Report and Order modified these information
collections slightly by deleting references to the National Emergency
Address Database (NEAD), which has been discontinued and will not be
available to CMRS providers.
Section 9.10(i)(3)(ii) requires CMRS providers that serve any of
the six Test Cities identified by ATIS (Atlanta, Denver/Front Range,
San Francisco, Philadelphia, Chicago, and Manhattan Borough of New York
City) or portions thereof to collect and report aggregate data on the
location technologies used for live 911 calls. As discussed below, in
2018, the Commission developed a reporting template to assist CMRS
providers in collecting, formatting, and submitting aggregate live 911
call data in accordance with the requirements in the rules. After
adopting the Fifth Report and Order, the Commission indicated that it
would modify the live call template to include vertical location. We
have since modified the form to include z-axis (vertical) location
information from live calls in addition to horizontal location
information. Specifically, the template includes fields for reporting
the percentage of total 911 calls that result in dispatchable location
or z-axis location information by morphology and position technology
and for reporting z-axis deployment options used for 911 calls, and OMB
approved that modification.
Section 9.10(j)(4) requires CMRS providers to supply confidence and
uncertainty (C/U) information with wireless E911 calls that have
dispatchable location or z-axis information and to do so in accordance
with the timelines for vertical location accuracy compliance. As noted
below, OMB previously approved and renewed a C/U data requirement for
horizontal location information under OMB Control No. 3060-1204. (See
also OMB Control No. 3060-1147.) The Fifth Report and Order extended
the C/U requirements to include vertical location information, and OMB
approved that modification. The Sixth Report and Order revised 47 CFR
9.10(j)(4) to add a requirement that where floor-level information is
available to CMRS providers, they must provide C/U data for the z-axis
(vertical) information included with such floor-level information.
Under Section 9.10(k), CMRS providers must record information on
all live 911 calls, including the C/U data that they provide to PSAPs
under Section 9.10(j) of the rules. In addition, Section 9.10(k)
requires CMRS providers to make this information available to PSAPs
upon request and to retain it for a period of two years. The Commission
obtained OMB approval for the information collections contained in
Section 9.10(k) after adopting the Fourth Report and Order. The Sixth
Report and Order amended Section 9.10(k) to make explicit that the
requirements in the rule extend to C/U data for dispatchable location
and floor-level information, as well as for z-axis information. This
eliminated a potential gap in the rule, which previously referred only
to z-axis information.
Section 9.10(i)(2)(ii)(J)(4) provides that a CMRS provider will be
deemed to have met its z-axis technology deployment obligation so long
as it either pre-installs or affirmatively pushes the location
technology to end users so that they receive a prompt or other notice
informing them that the application or service is available and what
they need to do to download and enable the technology on their phone. A
CMRS provider will be deemed in compliance with its z-axis deployment
obligation if it makes the technology available to the end user in this
manner even if the end user declines to use the technology or
subsequently disables it. This collection adopted by the Commission in
the Sixth Report and Order was approved by OMB.
Section 9.10(i)(2)(ii)(A) requires that within three years of the
effective date of the rule, CMRS providers shall deliver uncompensated
barometric pressure data from any device capable of delivering such
data to PSAPs. This requirement is necessary to ensure that PSAPs are
receiving all location information possible to be used for dispatch.
This requirement is also necessary to ensure that CMRS providers
implement a vertical location solution in the event that the proposed
``dispatchable location'' solution does not function as intended by the
three-year mark and beyond.
Section 9.10(i)(2)(ii)(B) requires that the four nationwide
providers submit to the Commission for review and approval a reasonable
metric for z-axis (vertical) location accuracy no later than 3 years
from the effective date of rules. This requirement is critical to
ensure that the vertical location framework adopted in the Fourth
Report and Order is effectively implemented.
Section 9.10(i)(2)(iii) requires CMRS providers to certify
compliance with the Commission's rules at various benchmarks throughout
implementation of improved location accuracy. This requirement is
necessary to ensure that CMRS providers remain ``on track'' to reach
the location accuracy benchmarks.
Section 9.10(i)(2)(iv) provides that PSAPs may seek Commission
enforcement of the location accuracy requirements within their
geographic service area, but only so long as they have implemented
policies that are designed to obtain all location information made
available by CMRS providers when initiating and delivering 911 calls to
the PSAP. Prior to seeking Commission enforcement, a PSAP must provide
the CMRS provider with 30 days written notice, and the CMRS provider
shall have an opportunity to address the issue informally. If the issue
has not been addressed to the PSAP's satisfaction within 90 days, the
PSAP may seek enforcement relief.
Section 9.10(i)(3)(i) requires that within 12 months of the
effective date, the four nationwide CMRS providers must establish the
test bed described in
[[Page 4949]]
the Fourth Report and Order, which will validate technologies intended
for indoor location. The test bed is necessary for the compliance
certification framework adopted in the Fourth Report and Order.
Section 9.10(i)(3)(ii) requires that beginning 18 months from the
effective date of the rules, CMRS providers providing service in any of
the six Test Cities identified by ATIS (Atlanta, Denver/Front Range,
San Francisco, Philadelphia, Chicago, and Manhattan Borough of New York
City) or portions thereof must collect and report aggregate data on the
location technologies used for live 911 calls. Nationwide CMRS
providers must submit call data on a quarterly basis; non-nationwide
CMRS providers need only submit this data every six months. Non-
nationwide providers that do not provide service in any of the Test
Cities may satisfy this requirement by collecting and reporting data
based on the largest county within the carrier's footprint. This
reporting requirement is necessary to validate and verify the
compliance certifications made by CMRS providers.
The Commission developed a reporting template to assist CMRS
providers in collecting, formatting, and submitting aggregate live 911
call data in accordance with the requirements in the rules. The
template will also assist the Commission in evaluating the progress
CMRS providers have made toward meeting the 911 location accuracy
benchmarks. The template is an Excel spreadsheet and will be available
for downloading on the Commission's website. The Commission may also
develop an online filing mechanism for these reports in the future.
Section 9.10(i)(3)(iii) requires CMRS providers to retain testing
and live call data gathered pursuant to this section for a period of 2
years.
Section 9.10(i)(4)(i) provides that no later than 18 months from
the effective date of the adoption of the rule, nationwide CMRS
providers shall report to the Commission their initial plans for
meeting the indoor location accuracy requirements of paragraph (i)(2)
of Section 9.10. Non-nationwide CMRS providers will have an additional
6 months to submit their implementation plan.
Section 9.10(i)(4)(ii) requires that no later than 18 months from
the effective date, each CMRS provider shall submit to the Commission a
report on its progress toward implementing improved indoor location
accuracy. Non-nationwide CMRS providers will have an additional 6
months to submit their progress reports. All CMRS providers shall
provide an additional progress report no later than 36 months from the
effective date of the adoption of this rule. The 36-month reports shall
indicate what progress the provider has made consistent with its
implementation plan.
Section 9.10(i)(4)(iii) requires that prior to activation of the
NEAD but no later than 18 months from the effective date of the
adoption of this rule, the nationwide CMRS providers shall file with
the Commission and request approval for a security and privacy plan for
the administration and operation of the NEAD.
Section 9.10(i)(4)(iv) requires CMRS providers to certify ``that
neither they nor any third party they rely on to obtain dispatchable
location information will use dispatchable location information or
associated data for any non-911 purpose, except with prior express
consent or as otherwise required by law.'' In addition, ``[t]he
certification must state that CMRS providers and any third party they
rely on to obtain dispatchable location information will implement
measures sufficient to safeguard the privacy and security of
dispatchable location information.'' As noted above, the Commission has
revised this requirement to account for the fact that the NEAD has been
discontinued.
Section 9.10(i)(4)(v) requires that prior to use of z-axis
information to meet the Commission's location accuracy requirements,
CMRS providers must certify ``that neither they nor any third party
they rely on to obtain z-axis information will use z-axis information
or associated data for any non-911 purpose, except with prior express
consent or as otherwise required by law.'' Further, ``[t]he
certification must state that CMRS providers and any third party they
rely on to obtain z-axis information will implement measures sufficient
to safeguard the privacy and security of z-axis location information.''
This requirement is necessary to ensure the privacy and security of any
personally identifiable information that may be collected by the CMRS
provider. As noted above, the Commission has revised this requirement
to account for the fact that the NEAD has been discontinued.
Section 9.10(j) requires CMRS providers to provide standardized
confidence and uncertainty (C/U) data for all wireless 911 calls,
whether from outdoor or indoor locations, on a per-call basis upon the
request of a PSAP. This requirement makes the use of C/U data easier
for PSAPs.
Section 9.10(j)(4) also requires that upon meeting the timeframes
pursuant to paragraphs (i)(2)(ii)(C) and (D) of this section, CMRS
providers shall provide with wireless 911 calls that have dispatchable
location or z-axis (vertical) information the C/U data required under
paragraph (j)(1) of this section. Where available to the CMRS provider,
floor level information must be provided with associated C/U data in
addition to z-axis location information.
Section 9.10(k) requires CMRS providers to record information on
all live 911 calls, including but not limited to the positioning source
method used to provide a location fix associated with the call, as well
as confidence and uncertainty data. This information must be made
available to PSAPs upon request, as a measure to promote transparency
and accountability for this set of rules.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024-01480 Filed 1-24-24; 8:45 am]
BILLING CODE 6712-01-P
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