[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 3403 Enrolled Bill (ENR)]
H.R.3403
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

286d4d7f1224ede0c4f06d8344ba106539e6371b32c94787fdca6643069a2cea

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

606b0c6dfdb2a6868645c225bf961c698d1356b20fdb21522b799071735fd9c3

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).''.

d95dccfd4d408941fde8b1f62c1342d083610dc17055774e11d14dbea961f5b8

TITLE I

-911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS

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.''.

2f8bee0278812d7a90bb6af5f822cd396e7ed3f013954ea494aec7af6e1b1ff5

(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.''.

6583157a9c5e4df7d672bf18908b032f91504db6014146628013f836cd8e1557

TITLE II

-PARITY OF PROTECTION

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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

911 Modernization and Public Safety Act of 2007 — HR. 3403

Other Sections

TITLE I

TITLE II

TITLE III

Want the full experience?