DA 00-1091 Released: May 17, 2000 WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON NEW IMPLEMENTATION DEADLINE FOR TTY ACCESS TO DIGITAL WIRELESS SYSTEMS FOR 911 CALLS CC Docket No. 94-102 COMMENTS DUE: June 19, 2000 REPLIES DUE: July 19, 2000 The purpose of this Public Notice is to seek comment on a proposed revised deadline for compliance with the Commission's rule requiring transmitting of text telephone (TTY) 911 calls on digital wireless systems, pursuant to 47 C.F.R.  20.18(c). We also seek information on other aspects of the various TTY/digital wireless systems compatibility solutions, including consumer impacts, technical issues, etc. The temporary waivers of the rule previously granted by the Commission will remain in place pending the Commission's establishment of an implementation schedule based on the information received in response to this Public Notice. I. Background and Current Status In the E911 First Report and Order, the Commission required that, as of October 1, 1997, all covered wireless carriers must be capable of transmitting 911 calls from individuals with speech or hearing disabilities through means other than mobile radio handsets, e.g., through the use of TTY devices. To date, carriers operating digital wireless systems have not been able to comply with this requirement because digital systems have not been able to accurately pass the Baudot- encoded audio tones produced by TTY devices. Recognizing the technical difficulties associated with transmitting TTY calls on digital wireless systems, the Commission suspended enforcement of the TTY requirement for digital systems until December 31, 1998. The Commission later granted over 100 temporary waivers of the rule, which remain pending, while the industry worked on a solution. Since September 1997, the Wireless TTY Forum (TTY Forum) an organization consisting of wireless carriers, wireless equipment manufacturers, manufacturers of TTY devices, emergency and relay service providers, and consumer organizations representing individuals who are deaf or hard-of-hearing has been meeting in an effort to develop solutions that will enable TTY users to make 911 calls on digital networks. At the January 26, 1999, meeting of the TTY Forum, Lucent Technologies (Lucent) presented a potential solution to the TTY/digital problem. The Lucent solution has subsequently been approved by the Telecommunications Industry Association (TIA) Subcommittees TR45.5 (CDMA) and TR45.3 (TDMA) standards bodies. Ericsson, Inc. has proposed a potential solution to the TTY/digital problem for GSM networks. The GSM standards body, Alliance for Telecommunications Industry Solutions (ATIS) Working Group T1P1.5, preliminarily adopted Ericsson's proposed solution for industry balloting. After edits are completed, balloting on this proposed standard is tentatively scheduled to begin July 28, 2000, and a standard for GSM networks could be available as early as September 2000. Currently, Motorola is working on a TTY/digital solution for its proprietary iDEN technology. II. Request for Further Comment A. Implementation Deadline In fulfillment of Section 20.18(c), we expect digital wireless systems to be widely accessible to TTY devices without imposing additional costs on consumers who use these devices. In light of the technological developments related to TTY/digital system compatibility that have occurred during the past year, we believe it is appropriate to establish a date certain by which providers of digital wireless services must begin complying with Section 20.18(c). The approval of the Lucent solution by two major standards bodies, and the apparent acceptance of the Ericsson solution by a third standard body, indicates that carriers providing digital service will be able to enable persons with disabilities who rely on TTY devices to be able to call 911 in emergencies using digital wireless phones in the near future. We note that earlier this year Bell Atlantic Mobile and Lucent issued a joint press release announcing their intent to collaborate on a new service that would enable end-users to use their TTY devices in conjunction with Bell Atlantic's digital cellular system, to be made available in the second half of 2001. In light of this statement by two key industry participants, as well as on the basis of preliminary discussions Commission staff has held with various Forum participants, we tentatively view December 31, 2001 as a reasonable deadline for implementation of a digital wireless TTY solution; and propose that all wireless carriers begin complying with Section 20.18(c) on or before this date. In this Public Notice, we seek comment on this proposed deadline, particularly with respect to whether it would permit equipment manufacturers and carriers sufficient time to complete the tasks associated with implementing a system solution of this kind. Given the adoption or imminent adoption of standards, commenters should be able to identify the specific tasks they expect to be required to implement a TTY solution (e.g., development and production of handsets containing solutions, development and installation of solutions in network infrastructure, development and production of interface hardware connecting TTY devices and digital wireless phones, over-the-air testing of solutions by equipment manufacturers and/or carriers, etc.). In addition, commenters should provide estimates of how long each task is expected to take. We note that, in light of the extended period within which the Commission has allowed industry groups to work on resolving the TTY incompatibility problem, the revised deadline the Commission will adopt will be viewed very seriously. We remind carriers that the Commission will consider enforcement action, including forfeitures, should this obligation not be met. Further suspensions or waivers of the rule are not contemplated. In the event that a waiver is requested before the new deadline, the requesting party will need to demonstrate what steps it has taken to begin implementing a solution, and explain, in detail, the exceptional circumstances that make it unable to begin complying within the time specified. B. Monitoring Progress It is imperative that providers of digital wireless service work diligently to make their systems compatible with TTY devices. We seek comment on whether the Commission should adopt additional requirements that would enable it to better monitor carrier progress toward this goal. For example, should the Commission require digital wireless service providers to submit an implementation plan for digital TTY accessibility? In the alternative, should the Commission reinstate the requirement that industry report to the Commission on a regular basis? Periodic reports might include, but not be limited to, information regarding problems associated with TTY access to digital wireless systems, the status of proposed technical solutions, and steps taken to achieve the proposed technical solutions. We also seek comment about how the Commission may best monitor the progress of technological developments and the adoption of standards. C. Enforcement Although Section 20.18(c) imposes obligations on carriers, for carriers to meet these obligations it is critical that handset and network manufacturers produce equipment capable of facilitating digital TTY service at the earliest possible date. We expect carriers and manufacturers to work together to develop and implement solutions in an expeditious manner. We note that Section 255(b) of the Communications Act of 1934 requires manufacturers to ensure that equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. We also note that Section 251(a)(2) of the Act requires that telecommunications carriers not install network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to Section 255. We seek comment on how these provisions relate to the implementation of Section 20.18(c). We also seek comment on whether and how the Commission might use its equipment authorization process to enforce compliance with Section 20.18(c). D. Consumer Impacts We expect carriers to make their digital wireless systems compatible with TTY devices without causing potential adverse impacts to consumers. Therefore, we seek comment on whether any of the TTY/digital wireless compatibility solutions could impose additional costs and/or inconveniences on consumers and if so, the extent and nature of these costs and/or inconveniences (e.g., excessive battery-drain, possible loss of existing service features, possible problems associated with the use of multi-mode phones, possible problems associated with roaming). Significantly, an impact such as excessive battery-drain is especially troubling because many consumers have come to rely on wireless phones for use in emergency situations. To the extent any additional costs or inconveniences are identified, we also seek comment on steps carriers can take to eliminate or mitigate such adverse impacts, especially those that could affect safety of life. E. Interim Solutions Initially, Ericsson's solution for TTY/GSM compatibility will apparently involve a "smart cable" that itself operates to convert the Baudot tones to a new signal that is suited for transfer over a digital voice path without the need for software changes in the handset. While Ericsson ultimately intends to integrate the cable's features into the handset, it has proposed the external cable as an interim solution because it could be made available before the cable's features are integrated into the handset. We seek comment on whether Ericsson's "smart cable" solution for GSM, or any other similar cable, will be acceptable to TTY users. We also seek comment on whether this type of solution will impose additional costs and/or inconveniences on consumers (e.g., additional battery drain to supply power to the cable). F. International Implications We also seek comment on the impact the international use of the GSM air interface has on development and implementation of a TTY solution. Specifically, we seek comment on whether the fact that many of the standards pertaining to GSM technology are adopted in an international standards-setting process will affect either the speed with which a TTY solution can be developed and implemented, or the type of solution that is adopted. III. Procedural Matters We remind parties that the Commission has granted waivers to carriers pending a decision on the implementation date. Those waivers remain in effect. Pursuant to Section 1.45 of the Commission's Rules, 47 C.F.R.  1.45, interested parties may file comments on the proposed implementation deadline no later than June 19, 2000. Replies shall be filed no later than July 19, 2000. All comments shall reference the docket number of this proceeding. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the docket number of this proceeding. Parties filing electronically should also e-mail a copy of their comments to pforster@fcc.gov. Parties who choose to file by paper must file an original and four copies of each filing with the Commission's Secretary (Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW, Washington, D.C. 20554) and a diskette copy to the Commission's copy contractor (International Transcription Service, Inc. (ITS), CY-B400, (202) 857-3800). Pursuant to Section 1.1206 of the Commission's Rules, 47 C.F.R.  1.1206, this proceeding is a permit-but-disclose proceeding in which ex parte communications are permitted subject to disclosure. Copies of this Public Notice in alternative formats (computer diskette, large print, audio- cassette, and Braille) are available to persons with disabilities by contacting Brian Millin at (202) 418-7426 voice, (202) 418-7365 TTY, or at bmillin@fcc.gov. The Public Notice also will be available at: http://www.fcc.gov/cib/dro/. For further information regarding this Public Notice, contact Patrick Forster, Wireless Telecommunications Bureau, Policy Division, at (202) 418-1310 voice, or (202) 418-7233 TTY. - FCC -