AT&T Wireless said it planned to contest FCC’s proposal to fine c...

investigation into whether AT&T Wireless had violated Phase 2 rules. In April 2001, AT&T Wireless had filed Phase 2 waiver request, proposing to construct new GSM network and put in place hybrid handset- and network-based location technology for that portion of its network. It had outlined plan to provide location-capable handsets to all GSM subscribers so GSM network could provide Phase 2 location service from time of its deployment. Carrier had sought limited waiver of certain Phase 2 accuracy requirements, request that Commission granted on temporary, conditional basis in Oct. 2001. FCC said Enforcement Bureau began probe after “receiving reports that AT&T Wireless had, contrary to its statements in connection with its waiver request, already begun to deploy its GSM network without location-capable handsets,” Commission said. It said it concluded AT&T Wireless had violated its E911 rules by: (1) Failing to begin selling and activating location-capable handsets by Oct. 1, 2001, “without requesting a waiver and after telling the Commission that it did not need such a waiver.” (2) Failing to implement, without seeking waiver, any network or infrastructure upgrades needed to provide E911 Phase 2 service and to begin providing Phase 2 service within 6 months of valid request by public safety answering point or by Oct. 1. Carrier didn’t seek waiver and told FCC that it didn’t need one, Commission said. (3) Not notifying FCC within 30 days that information in its E911 waiver request no longer was “substantially accurate and complete.” Agency said: “Specifically, AT&T Wireless never informed the Commission that, contrary to statements in connection with its pending waiver request, it had in fact begun deploying its GSM network without location-capable handsets.” It said carrier appeared to have violated Oct. 2, 2001, order granting it E911 waiver for its GSM network by failing to make supplementary filing telling FCC it wasn’t going to comply with Phase 2 rollout schedule requirements. FCC proposed $500,000 fine apiece for first 2 apparent violations and $1.2 million fine for final set. AT&T Wireless spokeswoman said: “We are firmly committed to bringing the next phase of E911 service to our customers and we have pledged to beat the FCC’s deadline for full compliance with its Phase 2 mandate by one year for our GSM network.” She said that meant that carrier had told FCC it would meet Phase 2 requirements by Dec. 31, 2004, instead of required date of Dec. 31, 2005. “We have devoted significant resources toward deploying E911. It’s not just technically complex. It’s also made challenging because there are circumstances beyond our control -- namely, vendors.” In some cases, vendors haven’t lived up to their commitments to supply E911 Phase 2- compliant handsets by particular date, she said. In Oct., FCC had approved E911 Phase 2 waiver requests for most national carriers and GSM portions of AT&T and Cingular Wireless plans. Agency had said Cingular and AT&T had submitted compliance plans for TDMA parts of their networks too late for FCC to act on them. It has yet to release order on pending E911 issues on TDMA portion of AT&T Wireless network.