[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

122 STAT. 2620

Public Law 110-283
110th Congress

An Act


 
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. [NOTE: July 23,
2008 -  [H.R. 3403]]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress [NOTE: New and Emerging
Technologies 911 Improvement Act of 2008. 47 USC 609 note.] assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``New and Emerging Technologies 911
Improvement Act of 2008'' or the ``NET 911 Improvement Act of 2008''.

TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS

SEC. 101. DUTY TO PROVIDE 911 AND ENHANCED 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. [NOTE: 47 USC 615a-1.]  DUTY TO PROVIDE 9-1-1 AND ENHANCED
9-1-1 SERVICE.

``(a) Duties.--It shall be the duty of each IP-enabled voice service
provider to provide 9-1-1 service and enhanced 9-1-1 service to its
subscribers in accordance with the requirements of the Federal
Communications Commission, as in effect on the date of enactment of the
New and Emerging Technologies 911 Improvement Act of 2008 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 to provide 9-1-1 and
enhanced 9-1-1 service 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 a right of access to such capabilities, including interconnection,
to provide 9-1-1 and enhanced 9-1-1 service on the same rates, terms,
and conditions that are provided 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--

[[Page 2621]]
122 STAT. 2621

``(1) [NOTE: Deadline.]  within 90 days after the date of
enactment of the New and Emerging Technologies 911 Improvement
Act of 2008, 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;
``(2) [NOTE: Registration.]  shall require IP-enabled
voice service providers to which the regulations apply to
register with the Commission and to establish a point of contact
for public safety and government officials relative to 9-1-1 and
enhanced 9-1-1 service and access; and
``(3) may modify such regulations 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) and to exercise its
rights under subsection (b).

``(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 or local
agencies or programs with jurisdiction over emergency communications.
Nothing in this section is intended to alter the authority of State
commissions or other State or local 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 technological
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 New and Emerging
Technologies 911 Improvement Act of 2008, 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, Indian tribe, or village or
regional

[[Page 2622]]
122 STAT. 2622

corporation serving a region established pursuant to the Alaska
Native Claims Settlement Act, as amended (85 Stat. 688) for the
support or implementation of 9-1-1 or enhanced 9-1-1 services,
provided that the fee or charge is obligated or expended only in
support of 9-1-1 and enhanced 9-1-1 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 a fee or charge for the support or implementation
of 9-1-1 or enhanced 9-1-1 services, the Commission shall submit
a report within 1 year after the date of enactment of the New
and Emerging Technologies 911 Improvement Act of 2008, 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 such fees or
charges, 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
such fees or charges are specified.

``(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 9-1-1 and enhanced 9-1-1
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) [NOTE: Procedures.]  Development of standards.--The
Commission shall work cooperatively with public safety organizations,
industry participants, and the E-911 Implementation Coordination Office
to develop best practices that promote consistency, where appropriate,
including procedures for--
``(1) defining geographic coverage areas for public safety
answering points;
``(2) defining network diversity requirements for delivery
of IP-enabled 9-1-1 and enhanced 9-1-1 calls;
``(3) call-handling in the event of call overflow or network
outages;
``(4) public safety answering point certification and
testing requirements;
``(5) validation procedures for inputting and updating
location information in relevant databases; and
``(6) the format for delivering address information to
public safety answering points.

[[Page 2623]]
122 STAT. 2623

``(i) Rule of Construction.--Nothing in the New and Emerging
Technologies 911 Improvement Act of 2008 shall be construed as altering,
delaying, or otherwise limiting the ability of the Commission to enforce
the Federal actions taken or rules adopted obligating an IP-enabled
voice service provider to provide 9-1-1 or enhanced 9-1-1 service as of
the date of enactment of the New and Emerging Technologies 911
Improvement Act of 2008.''; 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 [NOTE: Deadline. Reports.]  more than 270 days after the
date of enactment of the New and Emerging Technologies 911
Improvement Act of 2008, 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) provide specific mechanisms for ensuring the
IP-enabled emergency network is available in every
community and is coordinated on a local, regional, and
statewide basis;
``(D) identify location technology for nomadic
devices and for office buildings and multi-dwelling
units;
``(E) include a proposed timetable, an outline of
costs, and potential savings;
``(F) provide specific legislative language, if
necessary, for achieving the plan;
``(G) provide recommendations on any legislative
changes, including updating definitions, that are
necessary to facilitate a national IP-enabled emergency
network;
``(H) 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

[[Page 2624]]
122 STAT. 2624

of the New and Emerging Technologies 911 Improvement Act
of 2008;
``(I) identify solutions for providing 9-1-1 and
enhanced 9-1-1 access to those with disabilities and
needed steps to implement such solutions, including a
recommended timeline; and
``(J) analyze efforts to provide automatic location
for enhanced 9-1-1 services and provide recommendations
on regulatory or legislative changes that are necessary
to achieve automatic location for enhanced 9-1-1
services.
``(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.''.

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:

[[Page 2625]]
122 STAT. 2625

``(8) 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 9-1-1 and enhanced
9-1-1 service.
``(9) 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 9-1-1 service
governing authority to provide other emergency
communications services.
``(10) Enhanced 9-1-1 service.--The term `enhanced 9-1-1
service' means the delivery of 9-1-1 calls with automatic number
identification and automatic location identification, or
successor or equivalent information features over the wireline
E911 network (as defined in section 9.3 of the Federal
Communications Commission's regulations (47 C.F.R. 9.3) as of
the date of enactment of the New and Emerging Technologies 911
Improvement Act of 2008) and equivalent or successor networks
and technologies. The term also includes any enhanced 9-1-1
service so designated by the Commission in its Report and Order
in WC Docket Nos. 04-36 and 05-196, or any successor
proceeding.''.

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

[[Page 2626]]
122 STAT. 2626

(3) in subsection (g), 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''.

Approved July 23, 2008.

LEGISLATIVE HISTORY--H.R. 3403:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-442 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Nov. 13, considered and passed
House.
Vol. 154 (2008):
June 16, considered and passed
Senate, amended.
June 23, House concurred in Senate
amendment.