FCC Record, Volume 34, No. 14, Pages 11031 to 11845, November 25 - December 6, 2019 Page: 11,615
iv, 11031-11845p. ; 28 cm.View a full description of this book.
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50. We amend our rules to make explicit that CMRS providers and the vendors upon which
they rely for z-axis information may only use 911 call z-axis information for 911 purposes, except with
prior express consent or as required by law.192 This approach is consistent with our long-standing
approach to protection of 911 location data. Section 222 of the Communications Act requires CMRS
providers, among others, to protect the confidentiality of Customer Proprietary Network Information
(CPNI) without the customer's express prior authorization, but provides an exception for the provision of
a customer's call location information to a PSAP or other emergency response authority in connection
with a 911 call.193 CTIA also states that it "shares the Commission's view that location information
derived from wireless 9-1-1 calls, including Z axis location data, should only be used for 9-1-1 purposes,
except as otherwise provided by law."194 And we agree with Apple that other parties-such as device
manufacturers and third-party location technology vendors-on whom carriers rely for z-axis information
should be similarly subject to the same privacy protections and restrictions on non-911 use as data stored
or used by CMRS providers. For the same reasons as we relied on in the dispatchable location context,
we believe that CMRS providers are already responsible for third-party use of personal location
information in support of the carrier's delivery of E911 location data to the PSAP.195 To ensure
compliance, we agree that a certification requirement is appropriate. CMRS providers must therefore
certify that neither they nor any third party they rely on to obtain z-axis information for 911 purposes will
use such information for any non-911 purpose, except with prior express consent or as required by law.196
We also make clear that such a certification should not be construed to "significantly impede location
technology vendors by preventing them from having access to z-axis information for such valid purposes
as system calibration and accuracy verification."'97 Such a reading of these requirements that would
impede the swift development and widespread deployment of z-axis technologies for use in emergency
calls would be contrary to the very purpose of this proceeding.
51. We also conclude that any 911-related z-axis or floor level information that is stored
before or after the 911 call should be subject to the same privacy and security protections that apply to
NEAD data. We agree with Public Knowledge that all 911 location data should be treated consistently
from a privacy and security perspective, and that stored coordinate-based data, including z-axis data,
(Continued from previous page)
Marlene H. Dortch, Secretary, PS Docket No. 07-114, FCC, at 2 (filed Mar. 12, 2019),
https://ecfsapi.fcc.gov/file/1 031 2084400922/Rady %20Clark%20Geolocation%203.12.19.pdf
192 We adopt a z-axis certification requirement in section 9.10(i)(4)(v). We note that CMRS providers may not
condition use of 911 location data on the consumer consenting to their z-axis information or associated data being
used for a non-911 purpose.
193 47 U.S.C. 222(d)(4)(A).
194 CTIA Comments at 10.
195 See Fourth Further Notice, 34 FCC Rcd at 1662, para. 29 (seeking comment broadly "on the appropriate data
privacy and security framework for z-axis data", including whether to extend to z-axis data, requirements similar to
the NEAD certification and stating ""certain explicit requirements on individual CMRS providers are necessary to
ensure the privacy and security of NEAD data and any other information involved in the determination and delivery
of dispatchable location."); Fourth R&O, 30 FCC Red at 1285-86, para. 71 (implementing NEAD certification of
not using NEAD data or associated data for non-911 purposes, "to ensure the privacy and security of NEAD data
and any other information involved in the determination and delivery of dispatchable location.").
196 We are not adopting the prohibition on data-sharing proposed by Apple because we regard it as needlessly
prescriptive, since the broader privacy protections apply to any data that is shared. See Apple Nov. 12 Ex Parte at 3
(recommending that the Commission require CMRS providers to certify that "they will not require or permit
disclosure of a user's precise location to any z-axis technology vendor for purposes of complying with
9.10(i)(2)(ii)."); 47 U.S.C. 217.
197 NextNav Nov. 13, 2019 Ex Parte at 2; Polaris Nov. 15, 2019 Ex Parte ("Polaris Wireless supports subscriber
privacy initiatives and is in general agreement with NextNav's response to Apple's filing.").11615
FCC 19-124
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 34, No. 14, Pages 11031 to 11845, November 25 - December 6, 2019, book, December 2019; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1637223/m1/593/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.