[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3403 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         June 16, 2008.
    Resolved, That the bill from the House of Representatives (H.R. 
3403) entitled ``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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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. 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--
            ``(1) 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) 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 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) 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.
    ``(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 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 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:
            ``(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
            (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''.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                               H. R. 3403

_______________________________________________________________________

                               AMENDMENT