1、707 Federal Communications Commission 9.1 to the allegations contained in the in-formal complaint, the informal com-plaint shall be closed and the com-plainant and defendant shall be duly informed of the reasons therefor. A complainant unsatisfied with the de-fendants response to the informal compla
2、int and the staff decision to ter-minate action on the informal com-plaint may file a formal complaint with the Commission, as specified in 7.22 of this subpart. (c) In the event the Commission de-termines, based on a review of the in-formation presented in the informal complaint and the defendants
3、answer thereto, that a material and substan-tial question remains as to the defend-ants compliance with the require-ments of this subpart, the Commission may conduct such further investiga-tion or such further proceedings as may be necessary to determine the de-fendants compliance with the require-m
4、ents of this subpart and to determine what, if any, remedial actions and/or sanctions are warranted. (d) In the event that the Commission determines, based on a review of the in-formation presented in the informal complaint and the defendants answer thereto, that the defendant has failed to comply w
5、ith or is presently not in compliance with the requirements of this subpart, the Commission may order or prescribe such remedial ac-tions and/or sanctions as are author-ized under the Act and the Commis-sions rules and which are deemed by the Commission to be appropriate under the facts and circumst
6、ances of the case. 7.21 Formal complaints, applicability of 1.720 through 1.736 of this chapter. Formal complaints against a manu-facturer or provider, as defined under this subpart, may be filed in the form and in the manner prescribed under 1.720 through 1.736 of this chapter. Commission staff may
7、 grant waivers of, or exceptions to, particular require-ments under 1.720 through 1.736 for good cause shown; provided, however, that such waiver authority may not be exercised in a manner that relieves, or has the effect of relieving, a complain-ant of the obligation under 1.720 and 1.728 of this c
8、hapter to allege facts which, if true, are sufficient to con-stitute a violation or violations of sec-tion 255 of the Act or this chapter. 7.22 Formal complaints based on unsatisfied informal complaints. A formal complaint filing based on an unsatisfied informal complaint filed pursuant to 4.16 of t
9、his chapter shall be deemed to relate back to the filing date of the informal complaint if it is filed within ninety days from the date that the Commission notifies the com-plainant of its disposition of the infor-mal complaint and based on the same operative facts as those alleged in the informal c
10、omplaint. 7.23 Actions by the Commission on its own motion. The Commission may on its own mo-tion conduct such inquiries and hold such proceedings as it may deem nec-essary to enforce the requirements of this part and Section 255 of the Com-munications Act. The procedures to be followed by the Commi
11、ssion shall, un-less specifically prescribed in the Act and the Commissions rules, be such as in the opinion of the Commission will best serve the purposes of such inquir-ies and proceedings. PART 9INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICES Sec. 9.1 Purposes. 9.3 Definitions. 9.5 E911 serv
12、ice. 9.7 Access to 911 and E911 service capabili-ties. AUTHORITY: 47 U.S.C. 151, 154(i)-(j), 251(e), 303(r), and 615a-1 unless otherwise noted. SOURCE: 70 FR 37286, June 29, 2005, unless otherwise noted. 9.1 Purposes. The purposes of this part are to set forth the 911 and E911 service require-ments
13、and conditions applicable to interconnected Voice over Internet Protocol service providers, and to en-sure that those providers have access to any and all 911 and E911 capabilities they need to comply with those 911 and VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00717 Fmt 8010 Sfmt 8
14、010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-708 47 CFR Ch. I (10110 Edition) 9.3 E911 service requirements and condi-tions. 74 FR 31874, July 6, 2009 9.3 Definitions. ANI. Automatic Num
15、ber Identifica-tion, as such term is defined in 20.3 of this chapter. Appropriate local emergency authority. An emergency answering point that has not been officially designated as a Public Safety Answering Point (PSAP), but has the capability of receiving 911 calls and either dispatching emergency
16、services personnel or, if necessary, re-laying the call to another emergency service provider. An appropriate local emergency authority may include, but is not limited to, an existing local law enforcement authority, such as the po-lice, county sheriff, local emergency medical services provider, or
17、fire de-partment. Automatic Location Information (ALI). Information transmitted while pro-viding E911 service that permits emer-gency service providers to identify the geographic location of the calling party. CMRS. Commercial Mobile Radio Service, as defined in 20.9 of this chap-ter. Interconnected
18、 VoIP service. An inter-connected Voice over Internet protocol (VoIP) service is a service that: (1) Enables real-time, two-way voice communications; (2) Requires a broadband connection from the users location; (3) Requires Internet protocol-com-patible customer premises equipment (CPE); and (4) Per
19、mits users generally to receive calls that originate on the public switched telephone network and to ter-minate calls to the public switched telephone network. PSAP. Public Safety Answering Point, as such term is defined in 20.3 of this chapter. Pseudo Automatic Number Identifica-tion (Pseudo-ANI).
20、A number, consisting of the same number of digits as ANI, that is not a North American Num-bering Plan telephone directory num-ber and may be used in place of an ANI to convey special meaning. The special meaning assigned to the pseudo-ANI is determined by agreements, as nec-essary, between the syst
21、em originating the call, intermediate systems han-dling and routing the call, and the des-tination system. Registered Location. The most recent information obtained by an inter-connected VoIP service provider that identifies the physical location of an end user. Statewide default answering point. An
22、 emergency answering point designated by the State to receive 911 calls for ei-ther the entire State or those portions of the State not otherwise served by a local PSAP. Wireline E911 Network. A dedicated wireline network that: (1) Is interconnected with but largely separate from the public switched
23、 tele-phone network; (2) Includes a selective router; and (3) Is utilized to route emergency calls and related information to PSAPs, designated statewide default answering points, appropriate local emergency authorities or other emer-gency answering points. 70 FR 37286, June 29, 2005, as amended at
24、74 FR 31874, July 9, 2009 9.5 E911 Service. (a) Scope of Section. The following re-quirements are only applicable to pro-viders of interconnected VoIP services. Further, the following requirements apply only to 911 calls placed by users whose Registered Location is in a geo-graphic area served by a
25、Wireline E911 Network (which, as defined in 9.3, in-cludes a selective router). (b) E911 Service. As of November 28, 2005: (1) Interconnected VoIP service pro-viders must, as a condition of providing service to a consumer, provide that consumer with E911 service as de-scribed in this section; (2) In
26、terconnected VoIP service pro-viders must transmit all 911 calls, as well as ANI and the callers Registered Location for each call, to the PSAP, designated statewide default answering point, or appropriate local emergency VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00718 Fmt 8010 Sfmt
27、 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-709 Federal Communications Commission 9.7 authority that serves the callers Reg-istered Location and that has been des-ignated for telecomm
28、unications car-riers pursuant to 64.3001 of this chap-ter, provided that all 911 calls is de-fined as any voice communication ini-tiated by an interconnected VoIP user dialing 911; (3) All 911 calls must be routed through the use of ANI and, if nec-essary, pseudo-ANI, via the dedicated Wireline E911
29、 Network; and (4) The Registered Location must be available to the appropriate PSAP, des-ignated statewide default answering point, or appropriate local emergency authority from or through the appro-priate automatic location information (ALI) database. (c) Service Level Obligation. Notwith-standing
30、the provisions in paragraph (b) of this section, if a PSAP, des-ignated statewide default answering point, or appropriate local emergency authority is not capable of receiving and processing either ANI or location information, an interconnected VoIP service provider need not provide such ANI or loca
31、tion information; however, nothing in this paragraph affects the obligation under paragraph (b) of this section of an interconnected VoIP serv-ice provider to transmit via the Wireline E911 Network all 911 calls to the PSAP, designated statewide default answering point, or appropriate local emergenc
32、y authority that serves the callers Registered Location and that has been designated for telecommuni-cations carriers pursuant to 64.3001 of this chapter. (d) Registered Location Requirement. As of November 28, 2005, interconnected VoIP service providers must: (1) Obtain from each customer, prior to
33、 the initiation of service, the phys-ical location at which the service will first be utilized; and (2) Provide their end users one or more methods of updating their Reg-istered Location, including at least one option that requires use only of the CPE necessary to access the inter-connected VoIP ser
34、vice. Any method utilized must allow an end user to up-date the Registered Location at will and in a timely manner. (e) Customer Notification. Each inter-connected VoIP service provider shall: (1) Specifically advise every sub-scriber, both new and existing, promi-nently and in plain language, of th
35、e circumstances under which E911 serv-ice may not be available through the interconnected VoIP service or may be in some way limited by comparison to traditional E911 service. Such cir-cumstances include, but are not lim-ited to, relocation of the end users IP- compatible CPE, use by the end user of
36、 a non-native telephone number, broadband connection failure, loss of electrical power, and delays that may occur in making a Registered Location available in or through the ALI data-base; (2) Obtain and keep a record of af-firmative acknowledgement by every subscriber, both new and existing, of hav
37、ing received and understood the ad-visory described in paragraph (e)(1) of this section; and (3) Distribute to its existing sub-scribers warning stickers or other ap-propriate labels warning subscribers if E911 service may be limited or not available and instructing the sub-scriber to place them on
38、or near the equipment used in conjunction with the interconnected VoIP service. Each interconnected VoIP provider shall dis-tribute such warning stickers or other appropriate labels to each new sub-scriber prior to the initiation of that subscribers service. (f) Compliance Letter. All inter-connecte
39、d VoIP providers must submit a letter to the Commission detailing their compliance with this section no later than November 28, 2005. 9.7 Access to 911 and E911 service ca-pabilities. (a) Access. Subject to the other re-quirements of this part, an owner or controller of a capability that can be used
40、 for 911 or E911 service shall make that capability available to a request-ing interconnected VoIP provider as set forth in paragraphs (a)(1) and (a)(2) of this section. (1) If the owner or controller makes the requested capability available to a CMRS provider, the owner or con-troller must make tha
41、t capability available to the interconnected VoIP provider. An owner or controller makes VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00719 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted w
42、ithout license from IHS-,-,-710 47 CFR Ch. I (10110 Edition) Pt. 10 a capability available to a CMRS pro-vider if the owner or controller offers that capability to any CMRS provider. (2) If the owner or controller does not make the requested capability avail-able to a CMRS provider within the meanin
43、g of paragraph (a)(1) of this sec-tion, the owner or controller must make that capability available to a re-questing interconnected VoIP provider only if that capability is necessary to enable the interconnected VoIP pro-vider to provide 911 or E911 service in compliance with the Commissions rules.
44、(b) Rates, terms, and conditions. The rates, terms, and conditions on which a capability is provided to an inter-connected VoIP provider under para-graph (a) of this section shall be rea-sonable. For purposes of this para-graph, it is evidence that rates, terms, and conditions are reasonable if they
45、 are: (1) The same as the rates, terms, and conditions that are made available to CMRS providers, or (2) In the event such capability is not made available to CMRS providers, the same rates, terms, and conditions that are made available to any tele-communications carrier or other entity for the prov
46、ision of 911 or E911 service. (c) Permissible use. An interconnected VoIP provider that obtains access to a capability pursuant to this section may use that capability only for the purpose of providing 911 or E911 service in accordance with the Commissions rules. 74 FR 31874, July 6, 2009 EFFECTIVE
47、DATE NOTE: At 74 FR 31874, July 6, 2009, 9.7(a) was added. This paragraph contains information collection and record-keeping requirements and will not become effective until approval has been given by the Office of Management and Budget. PART 10COMMERCIAL MOBILE ALERT SYSTEM Subpart AGeneral Informa
48、tion Sec. 10.1 Basis. 10.2 Purpose. 10.10 Definitions. 10.11 CMAS implementation timeline. Subpart BElection to Participate in Com-mercial Mobile Alert System Re-served Subpart BElection to Participate in Commercial Mobile Alert System 10.210 CMAS participation election proce-dures. 10.220 Withdrawa
49、l of election to participate in CMAS. 10.230 New CMS providers participation in CMAS. 10.240 Notification to new subscribers of non-participation in CMAS. 10.250 Notification to existing subscribers of non-participation in CMAS. 10.260 Timing of subscriber notification. 10.270 Subscribers right to terminate sub-scription. 10.280 Subscribers right to opt out of CMAS notifications. Subpart CSystem architecture 10.300 Alert a
