[House Report 110-442]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-442
======================================================================
911 MODERNIZATION AND PUBLIC SAFETY ACT OF 2007
_______
November 13, 2007.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Dingell, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 3403]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3403) to promote and enhance public safety by
facilitating the rapid deployment of IP-enabled 911 and E-911
services, encouraging the nation's transition to a national IP-
enabled emergency network and improve 911 and E-911 access to
those with disabilities, having considered the same, report
favorably thereon with amendments and recommend that the bill
as amended do pass.
CONTENTS
Page
Amendments....................................................... 2
Purpose and Summary.............................................. 5
Background and Need for Legislation.............................. 5
Hearings......................................................... 7
Committee Consideration.......................................... 7
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 8
Statement of General Performance Goals and Objectives............ 8
New Budget Authority, Entitlement Authority, and Tax Expenditures 8
Earmarks and Tax and Tariff Benefits............................. 8
Committee Cost Estimate.......................................... 8
Congressional Budget Office Estimate............................. 8
Federal Mandates Statement....................................... 12
Advisory Committee Statement..................................... 12
Constitutional Authority Statement............................... 12
Applicability to Legislative Branch.............................. 12
Section-by-Section Analysis of the Legislation................... 12
Changes in Existing Law Made by the Bill, as Reported............ 18
Amendments
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``911 Modernization and Public Safety
Act of 2007''.
TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS
SEC. 101. DUTY TO PROVIDE 911 AND E-911 SERVICE.
The Wireless Communications and Public Safety Act of 1999 is
amended--
(1) by redesignating section 6 (47 U.S.C. 615b) as section 7;
(2) by inserting after section 5 the following new section:
``SEC. 6. DUTY TO PROVIDE 911 AND E-911 SERVICE.
``(a) Duties.--It shall be the duty of each IP-enabled voice service
provider to provide 911 service and E-911 service to its subscribers in
accordance with the requirements of the Federal Communications
Commission (in this section referred to as the `Commission'), as in
effect on the date of enactment of the 911 Modernization and Public
Safety Act of 2007 and as such requirements may be modified by the
Commission from time to time.
``(b) Parity for IP-Enabled Voice Service Providers.--An IP-enabled
voice service provider that seeks capabilities from an entity with
ownership or control over such capabilities to comply with its
obligations under subsection (a) shall, for the exclusive purpose of
complying with such obligations, have the same rights, including rights
of interconnection, and on the same rates, terms, and conditions, as
apply to a provider of commercial mobile service (as such term is
defined in section 332(d) of the Communications Act of 1934 (47 U.S.C.
332(d))), subject to such regulations as the Commission prescribes
under subsection (c).
``(c) Regulations.--The Commission--
``(1) within 90 days after the date of enactment of the 911
Modernization and Public Safety Act of 2007, shall issue
regulations implementing such Act, including regulations that--
``(A) ensure that IP-enabled voice service providers
have the ability to exercise their rights under
subsection (b);
``(B) take into account any technical, network
security, or information privacy requirements that are
specific to IP-enabled voice services; and
``(C) provide, with respect to any capabilities that
are not required to be made available to a commercial
mobile service provider but that the Commission
determines under subparagraph (B) of this paragraph or
paragraph (2) are necessary for an IP-enabled voice
service provider to comply with its obligations under
subsection (a), that such capabilities shall be
available at the same rates, terms, and conditions as
would apply if such capabilities were made available to
a commercial mobile service provider; and
``(2) may modify these requirements from time to time, as
necessitated by changes in the market or technology, to ensure
the ability of an IP-enabled voice service provider to comply
with its obligations under subsection (a).
``(d) Delegation of Enforcement to State Commissions.--The Commission
may delegate authority to enforce the regulations issued under
subsection (c) to State commissions or other State agencies or programs
with jurisdiction over emergency communications. Nothing in this
section is intended to alter the authority of State commissions or
other State agencies with jurisdiction over emergency communications,
provided that the exercise of such authority is not inconsistent with
Federal law or Commission requirements.
``(e) Implementation.--
``(1) Limitation.--Nothing in this section shall be construed
to permit the Commission to issue regulations that require or
impose a specific technology or technology standard.
``(2) Enforcement.--The Commission shall enforce this section
as if this section was a part of the Communications Act of
1934. For purposes of this section, any violations of this
section, or any regulations promulgated under this section,
shall be considered to be a violation of the Communications Act
of 1934 or a regulation promulgated under that Act,
respectively.
``(f) State Authority Over Fees.--
``(1) Authority.--Nothing in this Act, the Communications Act
of 1934 (47 U.S.C. 151 et seq.), the 911 Modernization and
Public Safety Act of 2007, or any Commission regulation or
order shall prevent the imposition and collection of a fee or
charge applicable to commercial mobile services or IP-enabled
voice services specifically designated by a State, political
subdivision thereof, or Indian tribe for the support or
implementation of 911 or E-911 services, provided that the fee
or charge is obligated or expended only in support of 911 and
E-911 services, or enhancements of such services, as specified
in the provision of State or local law adopting the fee or
charge. For each class of subscribers to IP-enabled voice
services, the fee or charge may not exceed the amount of any
such fee or charge applicable to the same class of subscribers
to telecommunications services.
``(2) Fee accountability report.--To ensure efficiency,
transparency, and accountability in the collection and
expenditure of fees for the support or implementation of 911 or
E-911 services, the Commission shall submit a report within 1
year after the date of enactment of the 911 Modernization and
Public Safety Act of 2007, and annually thereafter, to the
Committee on Commerce, Science and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives detailing the status in each State of the
collection and distribution of 911 fees, and including findings
on the amount of revenues obligated or expended by each State
or political subdivision thereof for any purpose other than the
purpose for which any fee or charges are presented.
``(g) Availability of PSAP Information.--The Commission may compile a
list of public safety answering point contact information, contact
information for providers of selective routers, testing procedures,
classes and types of services supported by public safety answering
points, and other information concerning 911 elements, for the purpose
of assisting IP-enabled voice service providers in complying with this
section, and may make any portion of such information available to
telecommunications carriers, wireless carriers, IP-enabled voice
service providers, other emergency service providers, or the vendors to
or agents of any such carriers or providers, if such availability would
improve public safety.
``(h) Rule of Construction.--Nothing in the 911 Modernization and
Public Safety Act of 2007 shall be construed as altering, delaying, or
otherwise limiting the ability of the Commission to enforce the rules
adopted in the Commission's First Report and Order in WC Docket Nos.
04-36 and 05-196, as in effect on the date of enactment of the 911
Modernization and Public Safety Act of 2007, except as such rules may
be modified by the Commission from time to time.''; and
(3) in section 7 (as redesignated by paragraph (1) of this
section) by adding at the end the following new paragraph:
``(8) IP-enabled voice service.--The term `IP-enabled voice
service' has the meaning given the term `interconnected VoIP
service' by section 9.3 of the Federal Communications
Commission's regulations (47 CFR 9.3).''.
SEC. 102. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.
Section 158 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942) is amended--
(1) in subsection (b)(1), by inserting before the period at
the end the following: ``and for migration to an IP-enabled
emergency network'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Migration Plan Required.--
``(1) National plan required.--No more than 270 days after
the date of the enactment of the 911 Modernization and Public
Safety Act of 2007, the Office shall develop and report to
Congress on a national plan for migrating to a national IP-
enabled emergency network capable of receiving and responding
to all citizen-activated emergency communications and improving
information sharing among all emergency response entities.
``(2) Contents of plan.--The plan required by paragraph (1)
shall--
``(A) outline the potential benefits of such a
migration;
``(B) identify barriers that must be overcome and
funding mechanisms to address those barriers;
``(C) include a proposed timetable, an outline of
costs, and potential savings;
``(D) provide specific legislative language, if
necessary, for achieving the plan;
``(E) provide recommendations on any legislative
changes, including updating definitions, to facilitate
a national IP-enabled emergency network;
``(F) assess, collect, and analyze the experiences of
the public safety answering points and related public
safety authorities who are conducting trial deployments
of IP-enabled emergency networks as of the date of
enactment of the 911 Modernization and Public Safety
Act of 2007;
``(G) identify solutions for providing 911 and E-911
access to those with disabilities and needed steps to
implement such solutions, including a recommended
timeline; and
``(H) analyze efforts to provide automatic location
for E-911 purposes and recommendations on regulatory or
legislative changes that are necessary to achieve
automatic location for E-911 purposes.
``(3) Consultation.--In developing the plan required by
paragraph (1), the Office shall consult with representatives of
the public safety community, groups representing those with
disabilities, technology and telecommunications providers, IP-
enabled voice service providers, Telecommunications Relay
Service providers, and other emergency communications providers
and others it deems appropriate.''.
SEC. 103. TECHNICAL AMENDMENTS.
Section 3011(b) of the Digital Television Transition and Public
Safety Act of 2005 (Public Law 109-171; 47 U.S.C. 309 note), and
section 158(b)(4) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942(b)(4)) are each amended
by striking ``the 911 Modernization Act'' and inserting ``the 911
Modernization and Public Safety Act of 2007''.
TITLE II--PARITY OF PROTECTION
SEC. 201. LIABILITY.
(a) Amendments.--Section 4 of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a) is amended--
(1) by striking ``parity of protection for provision or use
of wireless service'' in the section heading and inserting
``service provider parity of protection'';
(2) in subsection (a)--
(A) by striking ``wireless carrier,'' and inserting
``wireless carrier, IP-enabled voice service provider,
or other emergency communications provider,'';
(B) by striking ``its officers'' the first place it
appears and inserting ``their officers'';
(C) by striking ``emergency calls or emergency
services'' and inserting ``emergency calls, emergency
services, or other emergency communications services'';
(3) in subsection (b)--
(A) by striking ``using wireless 9-1-1 service
shall'' and inserting ``using wireless 9-1-1 service,
or making 9-1-1 communications via IP-enabled voice
service or other emergency communications service,
shall''; and
(B) by striking ``that is not wireless'' and
inserting ``that is not via wireless 9-1-1 service, IP-
enabled voice service, or other emergency
communications service''; and
(4) in subsection (c)--
(A) by striking ``wireless 9-1-1 communications, a
PSAP'' and inserting ``9-1-1 communications via
wireless 9-1-1 service, IP-enabled voice service, or
other emergency communications service, a PSAP''; and
(B) by striking ``that are not wireless'' and
inserting ``that are not via wireless 9-1-1 service,
IP-enabled voice service, or other emergency
communications service''.
(b) Definition.--Section 7 of the Wireless Communications and Public
Safety Act of 1999 (as redesignated by section 101(1) of this Act) is
further amended by adding at the end the following new paragraphs:
``(9) Other emergency communications service.--The term
`other emergency communications service' means the provision of
emergency information to a public safety answering point via
wire or radio communications, and may include 911 and enhanced
911 services.
``(10) Other emergency communications service provider.--The
term `other emergency communications service provider' means--
``(A) an entity other than a local exchange carrier,
wireless carrier, or an IP-enabled voice service
provider that is required by the Federal Communications
Commission consistent with the Commission's authority
under the Communications Act of 1934 to provide other
emergency communications services; or
``(B) in the absence of a Commission requirement as
described in subparagraph (A), an entity that
voluntarily elects to provide other emergency
communications services and is specifically authorized
by the appropriate local or State 911 governing
authority to provide other emergency communications
services.''.
TITLE III--AUTHORITY TO PROVIDE CUSTOMER INFORMATION FOR 911 PURPOSES
SEC. 301. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.
Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) by inserting ``or the user of an IP-enabled voice service
(as such term is defined in section 7 of the Wireless
Communications and Public Safety Act of 1999 (47 U.S.C.
615b))'' after ``section 332(d))'' each place it appears in
subsections (d)(4) and (f)(1);
(2) by striking ``Wireless'' in the heading of subsection
(f); and
(3) in subsection (g)--
(A) by inserting ``or a provider of IP-enabled voice
service (as such term is defined in section 7 of the
Wireless Communications and Public Safety Act of 1999
(47 U.S.C. 615b))'' after ``telephone exchange
service'';
(B) by striking ``Notwithstanding subsections (b)''
and inserting the following:
``(1) In general.--Notwithstanding subsections (b)''; and
(C) by adding at the end the following new paragraph:
``(2) Prohibited use of location information databases.--No
administrator of any database used for the purpose of
facilitating the provision of emergency services may use for
any competitive purpose data obtained from unaffiliated
telecommunications carriers or IP-enabled voice service
providers in the course of maintaining and operating that
database. Nothing in this section is intended to prohibit
government agencies otherwise authorized under law from
requesting information contained in any such database.''.
Amend the title so as to read:
A bill to promote and enhance public safety by
facilitating the rapid deployment of IP-enabled 911 and E-911
services, encourage the Nation's transition to a national IP-
enabled emergency network, and improve 911 and E-911 access to
those with disabilities.
Purpose and Summary
The purpose of H.R. 3403, the 911 Modernization and Public
Safety Act of 2007, is to ensure that consumers using Voice
over Internet Protocol (VoIP) service can access enhanced 911
(E-911) emergency services by giving VoIP providers access to
the emergency services infrastructure and by extending existing
liability protections to VoIP service. H.R. 3403 also requires
the development of a national plan to move to an IP-enabled
emergency network and alters an existing grant program to allow
funding for IP-enabled emergency networks.
Background and Need for Legislation
The evolution of communications networks has repeatedly
required that the 911 system be adapted to accommodate new
technologies. H.R. 3403 provides necessary legislative
solutions to ensure that adaptation for VoIP service.
Dialing 911 is widely recognized as the best way to call
for emergency services. Calls to 911 are typically routed by
local exchange carriers (LECs) to one of more than 6,000 local
public safety answering points (PSAPs) staffed by professionals
who assist callers and direct calls to police, fire, and health
emergency response providers.
During the last decade, many PSAPs and 911 systems have
been upgraded to facilitate the automatic transmission of the
caller's telephone number and location. This ``E-911'' data
allow PSAPs to identify automatically the geographic location
of the caller and reconnect to the caller, if necessary. It
reduces errors in reporting the location of the emergency and
in forwarding accurate information to emergency personnel.
In the 1990s, the Federal Communications Commission
(Commission) required wireless carriers to provide E-911 data
to PSAPs. The mobility of wireless callers required technical
adaptations to the wireline E-911 model to successfully
transmit E-911 data in a wireless environment. In 1999,
Congress passed the Wireless Communications and Public Safety
Act, which granted liability protection to wireless carriers
and PSAPs receiving wireless 911 calls. Because wireless
carriers already had interconnection rights with wireline
carriers under a pre-existing statute--including the right to
access the wireline infrastructure--the 1999 Act did not
specifically address the right of wireless carriers to access
the emergency services infrastructure (also referred to herein
as the 911 infrastructure) or the rates, terms, and conditions
for such access.
The increasing prevalence of VoIP service requires further
adaptation of the 911 system. Today, more than 9 million
consumers in the United States use VoIP service as a substitute
for traditional telephony. Currently, there are two basic types
of VoIP service: fixed and nomadic. Fixed VoIP service is tied
to a particular location. VoIP service offered by a cable
provider to a home or business is an example of fixed VoIP
service. Nomadic VoIP service is portable and can be used with
a laptop and a broadband connection.
In its First Report and Order in WC Docket Nos. 04-36 and
05-196 in 2005, the Commission adopted rules requiring
providers of ``interconnected VoIP service'' to provide E-911
capabilities to their customers. H.R. 3403 does not reverse the
Commission's actions to date. The Commission, however, only
imposed E-911 requirements on providers of VoIP services that
today serve as a substitute for traditional wireline telephone
service. It did not require entities--typically LECs--that
control certain key facilities and infrastructure that are
needed to complete 911 and E-911 calls to give VoIP providers
access to those facilities and that infrastructure. As a
result, VoIP providers entered into commercial arrangements
with LECs or third parties to gain access to 911 components.
The Commission also concluded that it lacked authority to
extend the liability protections afforded to wireline and
wireless 911 calls to VoIP 911 calls.
H.R. 3403 would resolve these issues by giving VoIP
providers, for the exclusive purpose of providing 911 and E-911
service, the same access to the 911 infrastructure on the same
rates, terms, and conditions as is provided to wireless
carriers. H.R. 3403 also directs the Commission to promulgate
rules to give VoIP providers access only to those components of
the 911 infrastructure they need to provide 911 and E-911
service. It is not the intent of this legislation to grant
providers of VoIP access to any parts of the 911 infrastructure
not needed to provide 911 and E-911 service. H.R. 3403 would
provide liability protection for VoIP providers, other
emergency communications service providers, public safety
officials, and end users relating to the provision and use of
VoIP 911 and E-911 service and other emergency communications
services that is equivalent to the liability protection that
wireline and wireless carriers, public safety officials, and
end users have with respect to the provision and use of
wireline and wireless 911 and E-911 service.
The provision of E-911 service by VoIP providers also
implicates section 222 of the Communications Act of 1934, which
governs the protection of customer information (known as
Customer Proprietary Network Information, or CPNI). Section 222
includes exceptions to its protections to allow wireline and
wireless carriers to provide customer information to PSAPs in
emergency situations. There is no similar provision governing
or granting exceptions for VoIP service. H.R. 3403 would amend
section 222 to add VoIP 911 service to the established 911
exceptions. H.R. 3403 would also provide additional protections
for customer information by prohibiting a 911-database
administrator from using information contained within the
database that was supplied by an unaffiliated provider for
competitive purposes unrelated to providing emergency services.
As demonstrated by the introduction of wireless and VoIP
technologies, our Nation's emergency services infrastructure
must continue to evolve. The next step in that evolution is the
transition of the 911 infrastructure to an IP-enabled system.
An Internet-based emergency network allows for greater
flexibility in the types and amount of information that may be
transmitted and shared by emergency services providers. This
advancement will help resolve impediments that the disabled, in
particular the deaf and hard of hearing, face when they try to
access 911 and E-911 services. H.R. 3403 would facilitate this
transition by requiring the development of a national plan for
migration to a national IP-enabled emergency network and by
amending an existing E-911 grant program to allow funding for
PSAPs migrating to an IP-enabled emergency network.
Hearings
The Subcommittee on Telecommunications and the Internet
held a legislative hearing on H.R. 3403 on Wednesday, September
19, 2007. The Subcommittee received testimony from Mr. Jason
Barbour, ENP, President of the National Emergency Number
Association; Ms. Catherine Avgiris, Senior Vice President and
General Manager, Voice Services, Comcast Corporation; Mr.
Robert Mayer, Vice President of Industry and State Affairs,
United States Telecom Association; Mr. Christopher Putala,
Executive Vice President of Public Policy, EarthLink, Inc.; and
Mr. Craig W. Donaldson, Senior Vice President of Regulatory and
Government Affairs, Intrado Incorporated.
Committee Consideration
On Wednesday, October 10, 2007, the Subcommittee on
Telecommunications and the Internet met in open markup session
and favorably forwarded H.R. 3403, amended, to the full
Committee for consideration, by a voice vote. On Tuesday,
October 30, 2007, the full Committee met in open markup session
and ordered H.R. 3403 favorably reported to the House, amended,
by a voice vote, a quorum being present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken on amendments or in connection
with ordering H.R. 3403 reported. A motion by Mr. Dingell to
order H.R. 3403 favorably reported to the House, amended, was
agreed to by a voice vote.
Committee Oversight Findings
Regarding clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Subcommittee on
Telecommunications and the Internet held a legislative hearing
on September 19, 2007, and the oversight findings of the
Committee are reflected in this report.
Statement of General Performance Goals and Objectives
The purpose of H.R. 3403 is to ensure that consumers using
VoIP service can access E-911 emergency services by giving VoIP
providers access to the 911 infrastructure and by extending
existing liability protections to VoIP service. It is also the
purpose of H.R. 3403 to develop a national plan to move to an
IP-enabled emergency network and alter an existing grant
program to allow funding for IP-enabled emergency networks.
New Budget Authority, Entitlement Authority, and Tax Expenditures
Regarding compliance with clause 3(c)(2) of rule XIII of
the Rules of the House of Representatives, the Committee finds
that H.R. 3403 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Earmarks and Tax and Tariff Benefits
Regarding compliance with clause 9 of rule XXI of the Rules
of the House of Representatives, H.R. 3403 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
3403 prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate on
H.R. 3403 provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 8, 2007.
Hon. John D. Dingell,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3403, the 911
Modernization and Public Safety Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 3403--911 Modernization and Public Safety Act of 2007
Summary: H.R. 3403 would amend current law to require
companies offering Voice-over-Internet-Protocol (VoIP) services
to provide emergency 911 telephone service. The bill would
direct the Federal Communications Commission (FCC) to develop
regulations granting VoIP providers access to the network and
systems needed to complete 911 or enhanced-911 calls. Enhanced-
911 (E-911) service automatically associates a physical address
with the calling party's telephone number. The bill also would
direct the E-911 Implementation Coordination Office to create a
plan for a transition to an emergency network that is Internet-
based.
Based on information from the FCC, CBO estimates that
implementing the bill would cost about $1 million over the
2008-2012 period, assuming availability of the appropriated
amounts. CBO expects that enacting the bill would not have a
significant effect on direct spending or revenues.
H.R. 3403 contains several intergovernmental mandates as
defined in the Unfunded Mandates Reform Act (UMRA), including
limitations on the imposition and use of certain fees that
state and local governments can levy on VoIP Services. CBO
estimates that the costs of those provisions to state, local,
and tribal governments would be small; while they would grow
over time, they would not exceed the threshold established in
UMRA ($66 million in 2007, adjusted annually for inflation) in
any of the first five years that the mandates are in effect.
H.R. 3403 would impose private-sector mandates, as defined
in UMRA, on certain entities in the telecommunications
industry. The bill would require entities that own the 911
components necessary to transmit VoIP emergency calls to allow
VoIP providers full access to those components. CBO estimates
that the direct cost of complying with this mandate would be
small. The bill also would impose a mandate on certain
consumers and third-party users of VoIP services by eliminating
an existing right to seek compensation in court.
Because we lack information about the potential value of
compensation in such cases, CBO has no basis for determining
whether the aggregate cost of all the mandates in the bill
would exceed the annual threshold for private-sector mandates
($131 million in 2007, adjusted annually for inflation).
Estimated cost to the Federal Government: Under FCC rules,
VoIP providers were required to connect their customers to
emergency 911 services by November 28, 2005. H.R. 3403 would
codify this regulation. The bill also would require the E-911
Implementation Coordination Office to develop a plan to
establish a national system for 911 communications that is
Internet-based.
Based on information provided by the FCC, CBO estimates
that administrative costs for various rulemakings called for in
the bill would cost about $1 million in 2008. We estimate that
planning for an emergency system that is Internet-based would
cost less than $500,000 over the 2008-2012 period.
Enacting H.R. 3403 could increase federal revenues as the
result of the collection of additional civil and forfeiture
penalties assessed for violations of FCC laws and regulations.
Collections of such penalties are recorded in the budget as
revenues. CBO estimates that any additional revenues that would
result from enacting H.R. 3403 would not be significant because
of the relatively small number of cases likely to be involved.
Estimated impact on state, local, and tribal governments:
H.R. 3403 contains several intergovernmental mandates as
defined in the Unfunded Mandates Reform Act, including
limitations on certain fees that state and local governments
impose on VoIP services, and a preemption of state liability
laws. CBO estimates that the costs of those provisions to
state, local, and tribal governments would be small; while they
would grow over time, they would not exceed the threshold
established in UMRA ($66 million in 2007, adjusted annually for
inflation) in any of the first five years that the mandates are
in effect.
Limitations on Fees
The bill would prohibit state, local, and tribal
governments from imposing fees on VoIP subscribers that exceed
those imposed on the same class of subscribers (business or
residential) of other telecommunications services. The bill
also would require that intergovernmental entities spend 911
fees collected on VoIP services only for support of emergency
communications.
Thirteen states currently levy 911 fees on VoIP services.
Nine of those states impose fees that are lower than or equal
to the lowest fee charged on wireless and wireline services;
CBO assumes that fees in those states would not be affected by
the bill's limitation. One state currently charges a VoIP 911
fee that is higher than the residential wireline fee but lower
than the business wireline fee, and presumably that state's fee
on residential consumers of VoIP would be preempted by the
bill. The remaining three states allow local governments to set
fees; CBO cannot estimate the extent to which the bill would
result in lost fees in those three states because information
on the level of local fees is not readily available. We expect,
however, that the costs to state and local governments from the
bill's limitation on fees would likely be small because the
number of VoIP users in those four states is not likely to be
large, and local governments are not likely to levy fees on
VoIP users that are significantly different from those levied
on the same class of users of other telecommunications
services.
It also is possible that some state and local governments
might impose such fees at a rate higher than those charged on
other telephone services, but CBO has no information upon which
to make such a judgment at this time. Most states impose 911
fees on wireline and wireless services that are similar,
suggesting that such fees on VoIP also would be similar. In
total, CBO estimates that the costs to state and local
governments from the bill's limitation on fees, while they
might grow over time, would likely be small over the next five
years.
The most recent data available indicate that four states
use 911 fees, including wireless and wireline fees, for
purposes other than 911 or emergency communications services.
Two of those states currently levy 911 fees on VoIP and would
be prevented by the bill from using those fees for nonemergency
communications purposes. One additional state that currently
has a 911 fee on VoIP allows counties and local governments to
collect and use those revenues. CBO cannot estimate the extent
to which counties and local governments use that revenue for
nonemergency communications purposes because that information
is not maintained by the states. CBO believes, however, that
the costs to state and local governments from the bill's
limitation on the use of fees, while they also might grow over
time, would likely be small over the next five years.
Preemption of State Liability Laws and Requirements on Public Safety
Access Points (PSAPs)
The bill would preempt state liability laws covering PSAPs
and other governmental entities that answer 911 calls connected
using VoIP. This provision would give PSAPs, a provider, or a
user of VoIP the same protection from liability claims granted
to wireless and wireline entities, and ultimately would benefit
intergovernmental entities by protecting them from such claims.
Estimated impact on the private sector: H.R. 3403 contains
private-sector mandates, as defined in UMRA, on certain
entities in the telecommunications industry. The bill would
require entities that own the 911 components necessary to
transmit VoIP emergency calls to allow VoIP providers to have
full access to those components. Owners of 911 components would
be required to enter into such agreements, but they would be
able to charge VoIP providers a fee for using their network
components. Some small entities could incur costs to install
equipment, but information from industry sources indicates that
many entities already have the necessary equipment in place.
Thus, CBO expects that the direct costs of complying with this
mandate would be minimal.
The bill also would impose a private-sector mandate on
certain consumers and third-party users of VoIP services by
eliminating an existing right to seek compensation for injury
caused by negligent acts. The direct cost of the mandate would
be the forgone net value of any awards and settlements in such
claims. CBO has found no pending lawsuit with a claim that
would be barred by the bill and has no basis for estimating the
number of claims that would be filed in the future in absence
of this legislation. Furthermore, CBO has no basis for
predicting the level of potential damage awards in such cases,
if any. Thus, CBO cannot estimate the cost of this mandate or
whether the aggregate cost of all the mandates in the bill
would exceed the annual threshold for private-sector mandates
($131 million in 2007, adjusted annually for inflation).
Previous CBO estimate: On May 25, 2007, CBO transmitted an
estimate for S. 428, the IP-Enabled Voice Communications and
Public Safety Act of 2007, as ordered reported by the Senate
Committee on Commerce, Science, and Transportation on April 25,
2007. H.R. 3403 and S. 428 are similar, and the cost estimates
are the same.
Estimate prepared by: Federal Costs: Susan Willie; Impact
on State, Local, and Tribal Governments: Elizabeth Cove; Impact
on the Private Sector: MarDestinee Perez.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 3403 prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act of 1995.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 establishes the short title of the Act as the
``911 Modernization and Public Safety Act of 2007''.
TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS
Section 101. Duty to provide 911 and E-911 service
Section 101 amends the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615b) and would redesignate
section 6 as section 7 and add a new section 6.
New subsection 6(a) would obligate every IP-enabled voice
service provider to provide 911 and E-911 service in accordance
with the Commission requirements in effect on the date of
enactment of H.R. 3403 as such requirements may be modified by
the Commission from time to time. New subsection 6(a) is not
intended to reverse the Commission's actions to date concerning
the duty of VoIP providers to provide 911 and E-911 services.
The Commission's General Counsel has supplied the Committee
with a letter, which has been made part of the record, stating
that the Commission's existing regulations fully implement the
duty of VoIP providers to provide 911 and E-911 services, and
the Committee is satisfied by the Commission's statement in
this regard. Should changes in the marketplace or in technology
merit, the Committee expects that the Commission will reexamine
its regulations as necessary, consistent with the Commission's
general authority under section 1 of the Communications Act of
1934 to promote the ``safety of life and property'' through the
use of wire and radio communications.
New subsection 6(b) would give VoIP providers, when they
seek access to the capabilities needed to provide 911 and E-911
service from any entity with ownership or control over those
capabilities, the same rights, including rights of
interconnection, and on the same rates, terms, and conditions
as would be applicable to providers of commercial mobile
service (also referred to herein as wireless service), subject
to regulations promulgated by the Commission under new
subsection 6(c).
The rights new subsection 6(b) affords to VoIP providers,
including the rights of interconnection, are for the sole
purpose of transmitting, delivering, and completing 911 and E-
911 calls and associated E-911 information and for no other
purpose, consistent with the limited purposes of H.R. 3403. The
phrase ``including rights of interconnection'' makes clear
that, to the extent that wireless carriers have rights of
interconnection with entities that own or control the
capabilities needed to provide 911 and E-911 service, VoIP
providers have interconnection rights commensurate with those
of wireless carriers as established by the Commission for the
sole purpose of transmitting, delivering, and completing 911
and E-911 calls and associated E-911 information. H.R. 3403 is
not intended to abrogate existing commercial arrangements
relating to the provision of 911 and E-911 service entered into
by VoIP providers prior to the enactment of H.R. 3403. H.R.
3403 does not give VoIP providers a right of access to the 911
infrastructure beyond what is needed to transmit, deliver, and
complete 911 and E-911 calls and associated E-911 information.
New subsection 6(c) would require the Commission to issue
regulations implementing H.R. 3403 within 90 days of the date
of enactment. Such regulations shall ensure that VoIP providers
have the ability to exercise the rights granted under new
subsection 6(b). New subsection 6(c) would require the
Commission to promulgate regulations that take into account any
technical, network security, or information privacy
requirements specific to VoIP service. It would further require
that any such capabilities that VoIP, but not wireless,
providers need to provide 911 and E-911 services are made
available at the same rates, terms, and conditions as if such
capabilities were made available to wireless carriers. Such
regulations should not confer a right to capabilities that are
more than what is needed to enable a VoIP provider to transmit,
deliver, and complete 911 and E-911 calls and associated E-911
information or give VoIP providers access to capabilities
needed to transmit, deliver, and complete 911 and E-911 calls
and associated E-911 information on better rates, terms, and
conditions than such capabilities would be made available to
wireless carriers. New subsection 6(c) would direct the
Commission to update its regulations in the future as changes
in the market or technology warrant.
The term ``capabilities'' should be construed to include
both those components that wireless carriers use to provide 911
and E-911 service that VoIP providers also need to provide 911
and E-911 service and those components that VoIP providers need
to provide 911 and E-911 service that wireless carriers do not
need because of differences in the ways that wireless carriers
and VoIP providers transmit, deliver, and complete 911 and E-
911 calls and related E-911 information. In promulgating
regulations, the Commission should therefore consider
equipment; interfaces, such as PSAP interface and integration
capabilities; networks, such as Emergency Service Numbers,
Emergency Service Query Keys, and Emergency Service Routing
Numbers; selective routers; trunklines; non-dialable pseudo
automatic number identification numbers (p-ANIs); facilities,
including access to voice and data communication ports;
databases; and other components only to the extent that any of
these are needed to support the seamless transmission,
delivery, and completion of 911 and E-911 calls and associated
E-911 information.
The term ``any entity'' should be broadly construed because
critical components of the 911 infrastructure may reside with
an incumbent carrier, a PSAP, or some other entity.
When developing its regulations, the Commission should
account for existing differences in the emergency services
infrastructure, including differences in the technical
capabilities of PSAPs. The Commission should also reexamine its
existing regulations and make any necessary changes to comply
with H.R. 3403, which include, but are not limited to, ensuring
that VoIP providers that have a duty to provide 911 and E-911
services but are not competitive LECs have direct access to p-
ANIs.
The Commission should take into account technical
feasibility as it implements the provisions of H.R. 3403,
particularly for nascent technologies such as mobile VoIP
service. Mobile VoIP service is a version of nomadic VoIP
service that permits a consumer using a wireless phone to
bypass the traditional cellular network and send or receive
data using Internet protocol services. As mobile VoIP develops
into a full-fledged, widely-used service, providers should
strive to use E-911 technologies that comply with the same
accuracy standards as wireless services.
Under new subsection 6(c), the Commission should address
technical or architectural differences between the services and
networks of VoIP providers and the services and networks of
wireless carriers. The regulations should adhere to the basic
tenet established in new subsection 6(b) that the rights given
to VoIP providers in H.R. 3403 are for the sole purpose of
transmitting, delivering, and completing 911 and E-911 calls
and associated E-911 information and do not extend beyond a
right of access only to the 911 infrastructure needed to
transmit, deliver, and complete 911 and E-911 calls and
associated E-911 information.
New subsection 6(d) would permit the Commission to delegate
to States enforcement of regulations implementing new
subsection 6(c). It would also clarify that nothing in this
section is intended to alter existing State authority over
emergency communications, provided that the exercise of that
authority is not inconsistent with Federal law or Commission
requirements.
New subsection 6(e) would provide that nothing in H.R. 3403
be construed to permit the Commission to require or impose a
specific technology or technology standard. The Commission may,
however, adopt technology-neutral, performance-based standards
or requirements. New subsection 6(e) would also require that
any violations of this section or the regulations adopted by
the Commission thereunder be considered a violation of the
Communications Act of 1934, or a regulation promulgated under
that Act, respectively.
New subsection 6(f) would provide that nothing in H.R.
3403, the Communications Act of 1934, or any Commission
regulation or order prevents States or their political
subdivisions from imposing or collecting 911 or E-911 fees, so
long as those fees are obligated or spent in support of 911 or
E-911 services and do not exceed fees imposed or collected from
other telecommunications service providers for specific classes
of customers. For example, if a State or its political
subdivision imposes a 911 fee on wireless or wireline carriers
that consists of one rate for residential customers and another
rate for business customers, the State or its political
subdivision may collect no more from VoIP providers for the
same classes of customers.
New subsection 6(f) would also provide that fees collected
by States or their political subdivisions may only be used for
911 or E-911 services, or enhancements of such services, as
specified in the law adopting the fee. States and their
political subdivisions should use 911 or E-911 fees only for
direct improvements to the 911 system. Such improvements could
include improving the technical and operational aspects of
PSAPs; establishing connections between PSAPs and other public
safety operations, such as a poison control center; or
implementing the migration of PSAPs to an IP-enabled emergency
network. This provision is not intended to allow 911 or E-911
fees to be used for other public safety activities that,
although potentially worthwhile, are not directly tied to the
operation and provision of emergency services by the PSAPs. The
Committee also encourages States and their political
subdivisions to apply 911 fees equitably to providers of
different types of communications services to the extent
possible. In particular, the Committee urges States and their
political subdivisions, when adopting 911 and E-911 fees, to
examine fee structures that accommodate pre-paid
telecommunications services.
New subsection 6(f) would also require the Commission to
submit an annual report to Congress on the status of the
collection and distribution of 911 and E-911 fees by States and
their political subdivisions, including whether fees were used
for the purposes specified by each State.
New subsection 6(g) would authorize the Commission to
compile and make available information about PSAPs and 911
components to assist VoIP providers in complying with the
requirements of H.R. 3403 if the availability of such
information would improve public safety. Such information may
include PSAP contact information, contact information for
providers of selective routers, testing procedures, classes and
types of services supported by PSAPs, or other information
concerning 911 elements that the Commission concludes would
assist VoIP providers in complying with this section. New
subsection 6(g) would permit the Commission to give such
information only to wireline carriers, wireless carriers, VoIP
providers, other emergency services providers, or the vendors
to, or agents of, any such carriers or providers. The
Commission should make such information available in a manner
that protects the security of the emergency services
infrastructure. The Committee notes with approval a request
from public safety representatives to establish a list of all
emergency services providers, with a point of contact and
contact information. The Committee believes such a list would
be helpful to PSAPs and improve public safety and could be
included in the Commission's implementation of new subsection
6(g).
New subsection 6(h) would provide that nothing in H.R. 3403
be construed as altering, delaying, or otherwise limiting the
ability of the Commission to enforce the rules adopted in the
Commission's First Report and Order in WC Docket Nos. 04-36 and
05-196, as in effect on the date of enactment of the 911
Modernization and Public Safety Act of 2007, except as those
rules are modified by the Commission from time to time. New
subsection 6(h) would not grant additional enforcement
authority to the Commission but instead would preserve the
Commission's existing rules concerning the provision of 911 and
E-911 services by VoIP providers, except as required to be
modified by the provisions of H.R. 3403.
New section 7, as redesignated by H.R. 3403, would add a
definition of ``IP-enabled voice service'' that is tied to the
Commission's definition of ``interconnected VoIP service'' at
47 C.F.R. 9.3. The Committee recognizes that new technologies
or successor protocols may enter the marketplace. As these new
technologies or successor protocols become widely accepted and
fungible substitutes for telephony, the Committee recognizes
that the Commission may need to modify its definition from time
to time.
Section 102. Migration to IP-enabled emergency network
Section 102 amends section 158 of the National
Telecommunications and Information Organization Act (47 U.S.C.
942) to allow the use of 911 PSAP grant funds for migration to
IP-enabled emergency networks. It also amends section 158 to
require the E-911 Coordination and Implementation Office to
report to Congress within 270 days of the date of enactment of
H.R. 3403 on a national plan for migrating to a national IP-
enabled emergency network.
Section 102 sets forth specific requirements for what
should be included in the plan and requires the E-911
Implementation Coordination Office to consult with
representatives from public safety, groups representing those
with disabilities, technology and telecommunications providers,
VoIP providers, telecommunications relay service providers, and
other emergency communications service providers as
appropriate. H.R. 3403 does not define the term ``national IP-
enabled emergency network'' because this definition should be
developed as part of creating the national plan.
The national plan required by section 102 should address
the potential benefits of an IP-enabled emergency network. It
should also examine the costs and potential savings of an IP-
enabled emergency network and provide recommendations for
legislative changes, including specific legislative language.
The report should examine the experiences of PSAPs and public
safety officials that conduct trial deployments of IP-enabled
emergency networks and analyze efforts to provide automatic
location for E-911 purposes.
The E-911 Implementation Coordination Office should also
examine and explain how the migration plan will incorporate
solutions for providing 911 and E-911 access to people with
disabilities. Certain people with disabilities may not be able
to speak to or hear an emergency operator and the report should
consider ways to address this issue.
The report should also include an examination of the
technical requirements for transitioning to a national IP-
enabled emergency network. This includes examining the need for
new, modified, or expanded capabilities of existing
technologies. The report should also identify the various
systems integral to PSAP operation and performance, the
interaction between PSAPs, and what changes or modifications
would be required to move PSAPs to an IP-enabled emergency
network. This would include changes or modifications to
computer-aided dispatch, radio dispatch, records management
systems, incident management systems, geographic information
systems, access to external databases or systems necessary to
support the effective management of IP-enabled 911 and E-911
calls, and other information related to emergency services.
Section 103. Technical amendments
Section 103 would correct a technical error in section 2301
of Public Law 110-53. Section 103 amends section 3011(b) of the
Digital Television Transition and Public Safety Act of 2005
(Public Law 109-171; 47 U.S.C. 309 note), and section 158(b)(4)
of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942(b)(4)) by
striking ``the 911 Modernization Act'' and inserting ``the 911
Modernization and Public Safety Act of 2007''. This technical
correction would allow NTIA to use its borrowing authority in
Public Law 110-53 to fund a grant program contained in the
Enhance 911 Act of 2004, which funds upgrades to the emergency
services system.
TITLE II--PARITY OF PROTECTION
Section 201. Liability
Section 201 amends the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a) to provide liability
protection for VoIP providers, other emergency communications
service providers, public safety officials, and end users
relating to the provision and use of VoIP 911 and E-911 service
and other emergency communications services that is equivalent
to the liability protection that wireline and wireless
carriers, public safety officials, and end users have with
respect to the provision and use of wireline and wireless 911
and E-911 service.
Section 201 also adds two definitions to the Wireless
Communications and Public Safety Act of 1999. The term ``other
emergency communications service'' is defined as emergency
information that is provided to a PSAP via wireline or wireless
communications, and may include 911 and E-911 services. Such
services could include the provision of data and video
information that is designed to improve the ability of first
responders to react to emergencies. The term ``other emergency
communications service provider'' means an entity required by
the Commission to provide other emergency communications
services or, in the absence of a Commission requirement, an
entity that voluntarily elects to provide other emergency
communications services and is authorized by the appropriate
State or local governing authority to provide such services.
Providers of new and innovative emergency services should
be able to freely enter the emergency communications market.
The requirement that other emergency communications service
providers be authorized by the appropriate State or local
governing authority should not be a barrier to providing such
services. State or local governing authorities should strive to
provide a broad array of options for authorizing legitimate
emergency communications service providers, consistent with its
public safety needs and ability to oversee such service
offerings. For example, it would be appropriate for State or
local authorities to use, for authorization purposes,
compliance with standards established by national emergency
service groups such as the National Emergency Number
Association, the National Association of State 9-1-1
Administrators, or the Association of Public-Safety
Communications Officials.
TITLE III--AUTHORITY TO PROVIDE CUSTOMER INFORMATION FOR 911 PURPOSES
Section 301. Authority to provide customer information
Section 301 amends section 222 of the Communications Act of
1934 and would add IP-enabled voice services to the list of
Customer Proprietary Network Information exceptions in section
222, so that VoIP providers may give customer information,
including location information, to the appropriate PSAP in an
emergency. Section 301 would also prohibit administrators of
911 databases from using for competitive purposes data obtained
from unaffiliated telecommunications carriers or VoIP providers
in the course of maintaining and operating such databases.
Unaffiliated voice service providers are required to provide
certain information about their customers, including location
information, to 911 database administrators for the 911 system
to function. Administrators of 911 databases should not use
that information for other purposes that are unrelated to the
provision of emergency services.
Nothing in section 301, however, is intended to prohibit
government agencies, including appropriate State agencies,
otherwise authorized by law from requesting information
contained in any such database. Federal or State agencies may
wish to examine such information to assist their decision-
making. If an agency decides to request such information, then
the database administrator should provide the information to
the agency in a usable format and as expeditiously as possible
to allow the agency to fulfill its duties. This provision
should be construed broadly to allow agencies to access such
information if they are permitted to do so by law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999
* * * * * * *
SEC. 4. [PARITY OF PROTECTION FOR PROVISION OR USE OF WIRELESS SERVICE]
SERVICE PROVIDER PARITY OF PROTECTION.
(a) Provider Parity.--A [wireless carrier,] wireless carrier,
IP-enabled voice service provider, or other emergency
communications provider, and [its officers] their officers,
directors, employees, vendors, and agents, shall have immunity
or other protection from liability in a State of a scope and
extent that is not less than the scope and extent of immunity
or other protection from liability that any local exchange
company, and its officers, directors, employees, vendors, or
agents, have under Federal and State law (whether through
statute, judicial decision, tariffs filed by such local
exchange company, or otherwise) applicable in such State,
including in connection with an act or omission involving the
release to a PSAP, emergency medical service provider or
emergency dispatch provider, public safety, fire service or law
enforcement official, or hospital emergency or trauma care
facility of subscriber information related to [emergency calls
or emergency services] emergency calls, emergency services, or
other emergency communications services.
(b) User Parity.--A person [using wireless 9-1-1 service
shall] using wireless 9-1-1 service, or making 9-1-1
communications via IP-enabled voice service or other emergency
communications service, shall have immunity or other protection
from liability of a scope and extent that is not less than the
scope and extent of immunity or other protection from liability
under applicable law in similar circumstances of a person using
9-1-1 service [that is not wireless] that is not via wireless
9-1-1 service, IP-enabled voice service, or other emergency
communications service.
(c) PSAP Parity.--In matters related to [wireless 9-1-1
communications, a PSAP] 9-1-1 communications via wireless 9-1-1
service, IP-enabled voice service, or other emergency
communications service, a PSAP, and its employees, vendors,
agents, and authorizing government entity (if any) shall have
immunity or other protection from liability of a scope and
extent that is not less than the scope and extent of immunity
or other protection from liability under applicable law
accorded to such PSAP, employees, vendors, agents, and
authorizing government entity, respectively, in matters related
to 9-1-1 communications [that are not wireless] that are not
via wireless 9-1-1 service, IP-enabled voice service, or other
emergency communications service.
* * * * * * *
SEC. 6. DUTY TO PROVIDE 911 AND E-911 SERVICE.
(a) Duties.--It shall be the duty of each IP-enabled voice
service provider to provide 911 service and E-911 service to
its subscribers in accordance with the requirements of the
Federal Communications Commission (in this section referred to
as the ``Commission''), as in effect on the date of enactment
of the 911 Modernization and Public Safety Act of 2007 and as
such requirements may be modified by the Commission from time
to time.
(b) Parity for IP-Enabled Voice Service Providers.--An IP-
enabled voice service provider that seeks capabilities from an
entity with ownership or control over such capabilities to
comply with its obligations under subsection (a) shall, for the
exclusive purpose of complying with such obligations, have the
same rights, including rights of interconnection, and on the
same rates, terms, and conditions, as apply to a provider of
commercial mobile service (as such term is defined in section
332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))),
subject to such regulations as the Commission prescribes under
subsection (c).
(c) Regulations.--The Commission--
(1) within 90 days after the date of enactment of the
911 Modernization and Public Safety Act of 2007, shall
issue regulations implementing such Act, including
regulations that--
(A) ensure that IP-enabled voice service
providers have the ability to exercise their
rights under subsection (b);
(B) take into account any technical, network
security, or information privacy requirements
that are specific to IP-enabled voice services;
and
(C) provide, with respect to any capabilities
that are not required to be made available to a
commercial mobile service provider but that the
Commission determines under subparagraph (B) of
this paragraph or paragraph (2) are necessary
for an IP-enabled voice service provider to
comply with its obligations under subsection
(a), that such capabilities shall be available
at the same rates, terms, and conditions as
would apply if such capabilities were made
available to a commercial mobile service
provider; and
(2) may modify these requirements from time to time,
as necessitated by changes in the market or technology,
to ensure the ability of an IP-enabled voice service
provider to comply with its obligations under
subsection (a).
(d) Delegation of Enforcement to State Commissions.--The
Commission may delegate authority to enforce the regulations
issued under subsection (c) to State commissions or other State
agencies or programs with jurisdiction over emergency
communications. Nothing in this section is intended to alter
the authority of State commissions or other State agencies with
jurisdiction over emergency communications, provided that the
exercise of such authority is not inconsistent with Federal law
or Commission requirements.
(e) Implementation.--
(1) Limitation.--Nothing in this section shall be
construed to permit the Commission to issue regulations
that require or impose a specific technology or
technology standard.
(2) Enforcement.--The Commission shall enforce this
section as if this section was a part of the
Communications Act of 1934. For purposes of this
section, any violations of this section, or any
regulations promulgated under this section, shall be
considered to be a violation of the Communications Act
of 1934 or a regulation promulgated under that Act,
respectively.
(f) State Authority Over Fees.--
(1) Authority.--Nothing in this Act, the
Communications Act of 1934 (47 U.S.C. 151 et seq.), the
911 Modernization and Public Safety Act of 2007, or any
Commission regulation or order shall prevent the
imposition and collection of a fee or charge applicable
to commercial mobile services or IP-enabled voice
services specifically designated by a State, political
subdivision thereof, or Indian tribe for the support or
implementation of 911 or E-911 services, provided that
the fee or charge is obligated or expended only in
support of 911 and E-911 services, or enhancements of
such services, as specified in the provision of State
or local law adopting the fee or charge. For each class
of subscribers to IP-enabled voice services, the fee or
charge may not exceed the amount of any such fee or
charge applicable to the same class of subscribers to
telecommunications services.
(2) Fee accountability report.--To ensure efficiency,
transparency, and accountability in the collection and
expenditure of fees for the support or implementation
of 911 or E-911 services, the Commission shall submit a
report within 1 year after the date of enactment of the
911 Modernization and Public Safety Act of 2007, and
annually thereafter, to the Committee on Commerce,
Science and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives detailing the status in each State of
the collection and distribution of 911 fees, and
including findings on the amount of revenues obligated
or expended by each State or political subdivision
thereof for any purpose other than the purpose for
which any fee or charges are presented.
(g) Availability of PSAP Information.--The Commission may
compile a list of public safety answering point contact
information, contact information for providers of selective
routers, testing procedures, classes and types of services
supported by public safety answering points, and other
information concerning 911 elements, for the purpose of
assisting IP-enabled voice service providers in complying with
this section, and may make any portion of such information
available to telecommunications carriers, wireless carriers,
IP-enabled voice service providers, other emergency service
providers, or the vendors to or agents of any such carriers or
providers, if such availability would improve public safety.
(h) Rule of Construction.--Nothing in the 911 Modernization
and Public Safety Act of 2007 shall be construed as altering,
delaying, or otherwise limiting the ability of the Commission
to enforce the rules adopted in the Commission's First Report
and Order in WC Docket Nos. 04-36 and 05-196, as in effect on
the date of enactment of the 911 Modernization and Public
Safety Act of 2007, except as such rules may be modified by the
Commission from time to time.
SEC. [6.] 7. DEFINITIONS.
As used in this Act:
(1) * * *
* * * * * * *
(8) IP-enabled voice service.--The term ``IP-enabled
voice service'' has the meaning given the term
``interconnected VoIP service'' by section 9.3 of the
Federal Communications Commission's regulations (47 CFR
9.3).
(9) Other emergency communications service.--The term
``other emergency communications service'' means the
provision of emergency information to a public safety
answering point via wire or radio communications, and
may include 911 and enhanced 911 services.
(10) Other emergency communications service
provider.--The term ``other emergency communications
service provider'' means--
(A) an entity other than a local exchange
carrier, wireless carrier, or an IP-enabled
voice service provider that is required by the
Federal Communications Commission consistent
with the Commission's authority under the
Communications Act of 1934 to provide other
emergency communications services; or
(B) in the absence of a Commission
requirement as described in subparagraph (A),
an entity that voluntarily elects to provide
other emergency communications services and is
specifically authorized by the appropriate
local or State 911 governing authority to
provide other emergency communications
services.
* * * * * * *
----------
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION
ACT
* * * * * * *
TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
* * * * * * *
PART C--SPECIAL AND TEMPORARY PROVISIONS
* * * * * * *
SEC. 158. COORDINATION OF E-911 IMPLEMENTATION.
(a) * * *
(b) Phase II E-911 Implementation Grants.--
(1) Matching grants.--The Assistant Secretary and the
Administrator, after consultation with the Secretary of
Homeland Security and the Chairman of the Federal
Communications Commission, and acting through the
Office, shall provide grants to eligible entities for
the implementation and operation of Phase II E-911
services and for migration to an IP-enabled emergency
network.
* * * * * * *
(4) Criteria.--The Assistant Secretary and the
Administrator shall jointly issue regulations within
180 days after the date of enactment of the ENHANCE 911
Act of 2004, after a public comment period of not less
than 60 days, prescribing the criteria for selection
for grants under this section, and shall update such
regulations as necessary. The criteria shall include
performance requirements and a timeline for completion
of any project to be financed by a grant under this
section. Within 180 days after the date of enactment of
[the 911 Modernization Act] the 911 Modernization and
Public Safety Act of 2007, the Assistant Secretary and
the Administrator shall jointly issue regulations
updating the criteria to allow a portion of the funds
to be used to give priority to grants that are
requested by public safety answering points that were
not capable of receiving 911 calls as of the date of
enactment of that Act, for the incremental cost of
upgrading from Phase I to Phase II compliance. Such
grants shall be subject to all other requirements of
this section.
* * * * * * *
(d) Migration Plan Required.--
(1) National plan required.--No more than 270 days
after the date of the enactment of the 911
Modernization and Public Safety Act of 2007, the Office
shall develop and report to Congress on a national plan
for migrating to a national IP-enabled emergency
network capable of receiving and responding to all
citizen-activated emergency communications and
improving information sharing among all emergency
response entities.
(2) Contents of plan.--The plan required by paragraph
(1) shall--
(A) outline the potential benefits of such a
migration;
(B) identify barriers that must be overcome
and funding mechanisms to address those
barriers;
(C) include a proposed timetable, an outline
of costs, and potential savings;
(D) provide specific legislative language, if
necessary, for achieving the plan;
(E) provide recommendations on any
legislative changes, including updating
definitions, to facilitate a national IP-
enabled emergency network;
(F) assess, collect, and analyze the
experiences of the public safety answering
points and related public safety authorities
who are conducting trial deployments of IP-
enabled emergency networks as of the date of
enactment of the 911 Modernization and Public
Safety Act of 2007;
(G) identify solutions for providing 911 and
E-911 access to those with disabilities and
needed steps to implement such solutions,
including a recommended timeline; and
(H) analyze efforts to provide automatic
location for E-911 purposes and recommendations
on regulatory or legislative changes that are
necessary to achieve automatic location for E-
911 purposes.
(3) Consultation.--In developing the plan required by
paragraph (1), the Office shall consult with
representatives of the public safety community, groups
representing those with disabilities, technology and
telecommunications providers, IP-enabled voice service
providers, Telecommunications Relay Service providers,
and other emergency communications providers and others
it deems appropriate.
[(d)] (e) Authorization; Termination.--
(1) * * *
* * * * * * *
[(e)] (f) Definitions.--As used in this section:
(1) * * *
* * * * * * *
----------
SECTION 3011 OF THE DIGITAL TELEVISION TRANSITION AND PUBLIC SAFETY ACT
OF 2005
SEC. 3011. ENHANCE 911.
(a) * * *
(b) Credit.--The Assistant Secretary may borrow from the
Treasury, upon enactment of [the 911 Modernization Act] the 911
Modernization and Public Safety Act of 2007, such sums as
necessary, but not to exceed $43,500,000, to implement this
section. The Assistant Secretary shall reimburse the Treasury,
without interest, as funds are deposited into the Digital
Television Transition and Public Safety Fund.
----------
COMMUNICATIONS ACT OF 1934
* * * * * * *
TITLE II--COMMON CARRIERS
PART I--COMMON CARRIER REGULATION
* * * * * * *
SEC. 222. PRIVACY OF CUSTOMER INFORMATION.
(a) * * *
* * * * * * *
(d) Exceptions.--Nothing in this section prohibits a
telecommunications carrier from using, disclosing, or
permitting access to customer proprietary network information
obtained from its customers, either directly or indirectly
through its agents--
(1) * * *
* * * * * * *
(4) to provide call location information concerning
the user of a commercial mobile service (as such term
is defined in section 332(d)) or the user of an IP-
enabled voice service (as such term is defined in
section 7 of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615b))--
(A) * * *
* * * * * * *
(f) Authority To Use [Wireless] Location Information.--For
purposes of subsection (c)(1), without the express prior
authorization of the customer, a customer shall not be
considered to have approved the use or disclosure of or access
to--
(1) call location information concerning the user of
a commercial mobile service (as such term is defined in
section 332(d)) or the user of an IP-enabled voice
service (as such term is defined in section 7 of the
Wireless Communications and Public Safety Act of 1999
(47 U.S.C. 615b)), other than in accordance with
subsection (d)(4); or
* * * * * * *
(g) Subscriber Listed and Unlisted Information for Emergency
Services.--[Notwithstanding subsections (b)]
(1) In general.--Notwithstanding subsections (b),
(c), and (d), a telecommunications carrier that
provides telephone exchange service or a provider of
IP-enabled voice service (as such term is defined in
section 7 of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615b)) shall provide
information described in subsection (i)(3)(A)
(including information pertaining to subscribers whose
information is unlisted or unpublished) that is in its
possession or control (including information pertaining
to subscribers of other carriers) on a timely and
unbundled basis, under nondiscriminatory and reasonable
rates, terms, and conditions to providers of emergency
services, and providers of emergency support services,
solely for purposes of delivering or assisting in the
delivery of emergency services.
(2) Prohibited use of location information
databases.--No administrator of any database used for
the purpose of facilitating the provision of emergency
services may use for any competitive purpose data
obtained from unaffiliated telecommunications carriers
or IP-enabled voice service providers in the course of
maintaining and operating that database. Nothing in
this section is intended to prohibit government
agencies otherwise authorized under law from requesting
information contained in any such database.
* * * * * * *