WASHINGTON--The head of one of the nation's leading E911 groups says carrier efforts should be a consideration in any possible penalties that may be assessed against them by the FCC.

There have been reports this week, although unconfirmed by federal officials, that the FCC is set to look into fining a number of Tier 1 carriers for missing the December deadline to have 95 percent Phase 2-compatible handset penetration among their subscribers. Published reports this week have said FCC Chairman Kevin Martin is about to refer a number of carrier names to the agency's enforcement bureau for review.

At the FCC's April meeting yesterday, Martin said no names have been forwarded to the enforcement bureau. He declined commenting further on the issue.

If those penalties are in the works, however, said Wanda McCarley, president of the Association of Public-Safety Communications Professionals (APCO), carriers' efforts to get handsets into the hands of their customers should be weighted in the decision, not just numbers. "Carriers are close" to making the 95-percent penetration goal, she said at a press conference this morning to update reporters on overall E911 technology and advances.

"They've made a real effort. Many have active handset churn plans" to turn over old handsets that don't have Phase 2 location capabilities, she said. "Some have lagged, but they're making honest efforts that are worth consideration." 

No names officially have surfaced as to which carriers might be on the FCC's list. Sprint Nextel filed for a waiver in December. Alltel also filed a waiver request.