[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1063 Reported in Senate (RS)]


                                                       Calendar No. 353
109th CONGRESS
  1st Session
                                S. 1063

                          [Report No. 109-211]

    To promote and enhance public safety and to encourage the rapid 
                deployment of IP-enabled voice services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2005

Mr. Nelson of Florida (for himself, Mr. Burns, Mrs. Clinton, Ms. Snowe, 
and Mr. Kerry) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           December 20, 2005

     Reported by Mr. Stevens, with an amendment in the nature of a 
                               substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To promote and enhance public safety and to encourage the rapid 
                deployment of IP-enabled voice services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``IP-Enabled Voice 
Communications and Public Safety Act of 2005''.</DELETED>

<DELETED>SEC. 2. EMERGENCY SERVICE.</DELETED>

<DELETED>    (a) 911 and E-911 Services.--Notwithstanding section 2(b) 
or any other provision of the Communications Act of 1934, the 
Commission shall prescribe regulations to establish a set of 
requirements or obligations on providers of IP-enabled voice service to 
ensure that 911 and E-911 services are available to customers to IP-
enabled voice service. Such regulations shall include an appropriate 
transition period by which to comply with such requirements or 
obligations and take into consideration available industry 
technological and operational standards, including network 
security.</DELETED>
<DELETED>    (b) Non-discriminatory Access to Capabilities.--Each 
entity with ownership or control of the necessary emergency services 
infrastructure shall provide any requesting IP-enabled voice service 
provider with nondiscriminatory access to their equipment, network, 
databases, interfaces and any other related capabilities necessary for 
the delivery and completion of 911 and E911 calls and information 
related to such 911 or E911 calls. Such access shall be consistent with 
industry standards established by the National Emergency Number 
Association or other applicable industry standards organizations. Such 
entity shall provide access to the infrastructure at just and 
reasonable, nondiscriminatory rates, terms and conditions. The 
telecommunications carrier or other entity shall provide such access to 
the infrastructure on a stand-alone basis.</DELETED>
<DELETED>    (c) State Authority.--Nothing in this Act, the 
Communications Act of 1934, or any Commission regulation or order shall 
prevent the imposition on or collection from a provider of voice 
services, including IP-enabled voice services, of any fee or charge 
specifically designated or presented as dedicated by a State, political 
subdivision thereof, or Indian tribe on an equitable, and non-
discriminatory basis for the support of 911 and E-911 services if no 
portion of the revenue derived from such fee or charge is obligated or 
expended for any purpose other than support of 911 and E-911 services 
or enhancements of such services.</DELETED>
<DELETED>    (d) Standard.--The Commission may establish regulations 
imposing requirements or obligations on providers of voice services, 
entities with ownership or control of emergency services infrastructure 
under subsections (a) and (b) only to the extent that the Commission 
determines such regulations are technologically and operationally 
feasible.</DELETED>
<DELETED>    (e) Customer Notice.--Prior to the compliance with the 
rules as required by subsection (a), a provider of an IP-enabled voice 
service that is not capable of providing 911 and E-911 services shall 
provide a clear and conspicuous notice of the unavailability of such 
services to each customer at the time of entering into a contract for 
such service with that customer.</DELETED>
<DELETED>    (f) Voice Service Provider Responsibility.--An IP-enabled 
voice service provider shall have the sole responsibility for the 
proper design, operation, and function of the 911 and E911 access 
capabilities offered to the provider's customers.</DELETED>
<DELETED>    (g) Parity of Protection for Provision or Use of IP-
Enabled Voice Service.--</DELETED>
        <DELETED>    (1) Provider parity.--If a provider of an IP-
        enabled voice service offers 911 or E-911 services in 
        compliance with the rules required by subsection (a), that 
        provider, its officers, directors, employees, vendors, and 
        agents, 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 that any 
        local exchange company, and its officers directors, employees, 
        vendors, or agents, have under the applicable Federal and State 
        law (whether through statute, judicial decision, tariffs filed 
        by such local exchange company, or otherwise), including in 
        connection with an act or omission involving the release of 
        subscriber information related to the emergency calls or 
        emergency services to a public safety answering point, 
        emergency medical service provider, or emergency dispatch 
        provider, public safety, fire service, or law enforcement 
        official, or hospital emergency or trauma care 
        facility.</DELETED>
        <DELETED>    (2) User parity.--A person using an IP-enabled 
        voice service that offers 911 or E-911 services pursuant to 
        this subsection 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 911 
        or E-911 service that is not provided through an IP-enabled 
        voice service.</DELETED>
        <DELETED>    (3) PSAP parity.--In matters related to IP-enabled 
        911 and E-911 communications, 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, respective, in matters related 
        to 911 or E-911 communications that are not provided via an IP-
        enabled voice service.</DELETED>
<DELETED>    (h) Delegation Permitted.--The Commission may, in the 
regulations prescribed under this section, provide for the delegation 
to State commissions of authority to implement and enforce the 
requirements of this section and the regulations thereunder.</DELETED>

<DELETED>SEC. 3. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.</DELETED>

<DELETED>    Section 158 of the National Telecommunications and 
Information Administration Organization Act (as added by section 104 of 
the ENHANCE 911 Act of 2004) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (d) and (e) as 
        subsections (e) and (f), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (c) the 
        following:</DELETED>
<DELETED>    ``(d) Migration Plan Required.--</DELETED>
        <DELETED>    ``(1) National plan required.--No more than 18 
        months after the date of the enactment of the ENHANCE 911 Act 
        of 2004, 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.</DELETED>
        <DELETED>    ``(2) Contents of plan.--The plan required by 
        paragraph (1) shall--</DELETED>
                <DELETED>    ``(A) outline the potential benefits of 
                such a migration;</DELETED>
                <DELETED>    ``(B) identify barriers that must be 
                overcome and funding mechanisms to address those 
                barriers;</DELETED>
                <DELETED>    ``(C) include a proposed timetable, an 
                outline of costs and potential savings;</DELETED>
                <DELETED>    ``(D) provide specific legislative 
                language, if necessary, for achieving the plan; 
                and</DELETED>
                <DELETED>    ``(E) provide recommendations on any 
                legislative changes, including updating definitions, to 
                facilitate a national IP-enabled emergency 
                network.</DELETED>
        <DELETED>    ``(3) Consultation.--In developing the plan 
        required by paragraph (1), the Office shall consult with 
        representatives of the public safety community, technology and 
        telecommunications providers, and others it deems 
        appropriate.''.</DELETED>

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--For purposes of this Act:</DELETED>
        <DELETED>    (1) 911 and e-911 services.--</DELETED>
                <DELETED>    (A) 911.--The term ``911'' means a service 
                that allows a user, by dialing the three-digit code 
                911, to call a public safety answering point operated 
                by a State, local government, Indian tribe, or 
                authorized entity.</DELETED>
                <DELETED>    (B) E-911.--The term ``E-911 service'' 
                means a 911 service that automatically delivers the 911 
                call to the appropriate public safety answering point, 
                and provides automatic identification data, including 
                the originating number of an emergency call, the 
                physical location of the caller, and the capability for 
                the public safety answering point to call the user back 
                if the call is disconnected.</DELETED>
        <DELETED>    (2) IP-enabled voice service.--The term ``IP-
        enabled voice service'' means an IP-enabled service used for 
        real-time 2-way or multidirectional voice communications 
        offered to a customer that--</DELETED>
                <DELETED>    (A) uses North American Numbering Plan 
                administered telephone numbers, or successor protocol; 
                and</DELETED>
                <DELETED>    (B) has two-way interconnection or 
                otherwise exchange traffic with the public switched 
                telephone network.</DELETED>
        <DELETED>    (3) Customer.--The term ``customer'' includes a 
        consumer of goods or services whether for a fee, in exchange 
        for an explicit benefit, or provided for free.</DELETED>
        <DELETED>    (4) IP-enabled service.--The term ``IP-enabled 
        service'' means the use of software, hardware, or network 
        equipment that enable an end user to send or receive a 
        communication over the public Internet or a private network 
        utilizing Internet protocol, or any successor protocol, in 
        whole or part, to connect users--</DELETED>
                <DELETED>    (A) regardless of whether the 
                communication is voice, data, video, or other form; 
                and</DELETED>
                <DELETED>    (B) notwithstanding --</DELETED>
                        <DELETED>    (i) the underlying transmission 
                        technology used to transmit the 
                        communications;</DELETED>
                        <DELETED>    (ii) whether the packetizing and 
                        depacketizing of the communications occurs at 
                        the customer premise or network level; 
                        or</DELETED>
                        <DELETED>    (iii) the software, hardware, or 
                        network equipment used to connect 
                        users.</DELETED>
        <DELETED>    (5) Public switched telephone network.--The term 
        ``public switched telephone network'' means any switched common 
        carrier service that is interconnected with the traditional 
        local exchange or interexchange switched network.</DELETED>
        <DELETED>    (6) PSAP.--The term ``public safety answering 
        point'' or ``PSAP'' means a facility that has been designated 
        to receive 911 calls.</DELETED>
<DELETED>    (b) Common Terminology.--Except as otherwise provided in 
subsection (a), terms used in this Act have the meanings provided under 
section 3 of the Communications Act of 1934.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``IP-Enabled Voice 
Communications and Public Safety Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Emergency service.
Sec. 3. Enforcement.
Sec. 4. Migration to IP-enabled emergency network.
Sec. 5. Definitions.

SEC. 2. EMERGENCY SERVICE.

    (a) 911 and E-911 Services.--
            (1) In general.--The Federal Communications Commission 
        shall review the requirements established in its Report and 
        Order in WC Docket Nos. 04-36 and 05-196 and shall, within 120 
        days after the date of enactment of this Act, revise its 
        regulations as may be necessary, or promulgate such additional 
        regulations as may be necessary, to establish requirements that 
        are technologically and operationally feasible for providers of 
        IP-enabled voice service to ensure that 911 and E-911 services 
        are available to subscribers to IP-enabled voice services.
            (2) Content.--In the regulations prescribed under paragraph 
        (1), the Commission shall include an appropriate transition 
        period for compliance with those requirements that takes into 
        consideration--
                    (A) available industry technology and operational 
                standards;
                    (B) network security; and
                    (C) public safety answering point capabilities.
            (3) Delegation of enforcement to state commissions.--The 
        Commission may delegate authority to enforce the rules and 
        regulations issued under this Act to State commissions or other 
        State agencies or programs with jurisdiction over emergency 
        communications.
            (4) Effective date.--The regulations prescribed under 
        paragraph (1) may not take effect earlier than 90 days after 
        the date on which the Commission issues a final rule under that 
        paragraph.
    (b) Access to 911 Components.--Within 90 days after the date of 
enactment of this Act, the Commission shall issue regulations regarding 
access by IP-enabled voice service providers to 911 components that 
permit any IP-enabled voice service provider to elect to be treated as 
a commercial mobile service provider for the purpose of access to any 
911 component, except that the regulations issued under this subsection 
may take into account any technical or network security issues that are 
specific to IP-enabled voice services.
    (c) State Authority Over Fees.--Nothing in this Act, the 
Communications Act of 1934, or any Commission regulation or order shall 
prevent the imposition on, or collection from, a provider of IP-enabled 
voice services of any fee or charge specifically designated by a State, 
political subdivision thereof, or Indian tribe for the support of 911 
or E-911 services if that fee or charge--
            (1) does not exceed the amount of any such fee or charge 
        imposed on or collected from a provider of telecommunications 
        services; and
            (2) is obligated or expended in support of 911 and E-911 
        services, or enhancements of such services, or other emergency 
        communications services as specified in the provision of State 
        or local law adopting the fee or charge.
    (d) Grandfathering of Current IP-Enabled Voice Service 
Subscribers.--
            (1) In general.--A provider of IP-enabled voice service may 
        continue to provide service to each subscriber who subscribed 
        to that service as of December 31, 2005, to whom notice has 
        been given in accordance with the requirements of the 
        Commission's Report and Order in WC Docket Nos. 04-36 and 05-
        196 if--
                    (A) the provider has received an acknowledgement in 
                writing or by electronic means by the subscriber of 
                receipt of the notice; or
                    (B) the provider continues to give clear and 
                conspicuous notice of the unavailability of 911 or E-
                911 service, or either service, in billing statements 
                or their equivalent sent to the subscriber.
            (2) Continued service.--The Commission may not require a 
        provider of IP-enabled voice service to terminate service to a 
        subscriber described in paragraph (1) as long as the provider 
        is in compliance with the requirements of that paragraph and 
        the regulations prescribed under this subsection.
            (3) Reporting requirement.--A provider of IP-enabled voice 
        service that continues to provide service under paragraphs (1) 
        and (2) shall file a report with the Commission every 6 months 
        detailing its efforts to identify and implement a 911 or E-911 
        solution or both.
            (4) Compliance with regard to new subscribers.--Nothing in 
        this subsection shall be construed to authorize a provider of 
        IP-enabled voice service to add subscribers to such service 
        after December 31, 2005, if the provider is not in compliance 
        with the Commission's 911 and E-911 regulations for IP-enabled 
        voice service providers.
    (e) Technical and Operational Feasibility.--
            (1) Special waivers.--The Commission shall waive the 911 
        and E-911 requirements contained in the Commission's Report and 
        Order in WC Docket Nos. 04-36 and 05-196, together with any 
        regulations promulgated under subsection (a), for a provider of 
        IP-enabled voice service if--
                    (A) the provider gives a separate, clear, and 
                conspicuous notice to its subscribers that it does not 
                offer 911 service, E-911 service, or either service, as 
                the case may be, to its IP-enabled voice service 
                subscribers;
                    (B) the subscriber separately acknowledges receipt 
                of that notice in writing or by electronic means; and
                    (C) the provider demonstrates that it is not 
                technically or operationally feasible for its IP-
                enabled voice service to comply with those 911 and E-
                911 requirements, which may include technical and 
                operational feasibility relative to its portable or 
                nomadic IP-enabled voice service.
            (2) Presumption.--A provider of IP-enabled voice service 
        shall be presumed to have complied with the requirements of 
        subparagraphs (A) and (B) of paragraph (1) with respect to 
        subscribers whose subscriptions commenced before the date of 
        enactment of this Act if the provider has met the subscriber 
        acknowledgement requirements in the Commission's Report and 
        Order in WC Docket Nos. 04-36 and 05-196 with respect to 90 
        percent of those subscribers.
            (3) Term of waiver.--The Commission may not grant a waiver 
        under paragraph (1) for a period of more than 12 months at a 
        time.
            (4) Geographic limitation.--The Commission may limit any 
        waiver issued under paragraph (1) by geographic area if the 
        Commission finds such a limitation is in the public interest.
            (5) 45-day rule.--The Commission shall grant or deny a 
        waiver under paragraph (1) within 45 days after it receives a 
        complete waiver request from a provider of IP-enabled voice 
        service. If the Commission fails to act within 45 days then the 
        waiver shall be deemed granted.
            (6) Sunset of waiver authority.--The Commission may not 
        grant a waiver under paragraph (1) more than 48 months after 
        the date of enactment of this Act.
    (f) Parity of Protection for Provision or Use of IP-Enabled Voice 
Service.--A provider or user of IP-enabled voice services, a PSAP, and 
the officers, directors, employees, vendors, agents, and authorizing 
government entity (if any) of such provider, user, or PSAP, shall have 
the same scope and extent of immunity and other protection from 
liability under Federal and State law with respect to--
            (1) the release of subscriber information related to 
        emergency calls or emergency services,
            (2) the use or provision of 911 and E-911 services, and
            (3) other matters related to 911 and E-911 services,
as section 4 of the Wireless Communications and Public Safety Act of 
1999 (47 U.S.C. 615a) provides to wireless carriers, PSAPs, and users 
of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6), 
respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect 
to such release, use, and other matters.
    (g) Limitation on Commission.--Nothing in this section shall be 
construed to permit the Commission to issue regulations that require or 
impose a specific technology or technological standard.

SEC. 3. ENFORCEMENT.

    The Commission shall enforce this Act, and any regulation 
promulgated under this Act, under the Communications Act of 1934 (47 
U.S.C. 151 et seq.) as if this Act were a part of that Act. For 
purposes of this section any violation of this Act, or any regulation 
promulgated under this Act, is deemed to be a violation of the 
Communications Act of 1934.

SEC. 4. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

    (a) In General.--Section 158 of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 942) is 
amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (2) by inserting after subsection (c) the following:
    ``(d) Migration Plan Required.--
            ``(1) National plan required.--No more than 18 months after 
        the date of the enactment of the IP-Enabled Voice 
        Communications and Public Safety Act of 2005, 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.
            ``(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; and
                    ``(F) assess, collect, and analyze the experiences 
                of the PSAPs and related public safety authorities who 
                are conducting trial deployments of IP-enabled 
                emergency networks as of the date of enactment of the 
                IP-Enabled Voice Communications and Public Safety Act 
                of 2005.
            ``(3) Consultation.--In developing the plan required by 
        paragraph (1), the Office shall consult with representatives of 
        the public safety community, technology and telecommunications 
        providers, and others it deems appropriate.''; and
            (3) by striking ``services.'' in subsection (b)(1) and 
        inserting ``services, and, upon completion of development of 
        the national plan for migrating to a national IP-enabled 
        emergency network under subsection (d), for migration to an IP-
        enabled emergency network.''.
    (b) Report on PSAPs.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Commission shall--
                    (A) compile a list of all known public safety 
                answering points, including such contact information 
                regarding public safety answering points as the 
                Commission determines appropriate;
                    (B) organize such list by county, town, township, 
                parish, village, hamlet, or other general purpose 
                political subdivision of a State; and
                    (C) make available from such list--
                            (i) to the public, on the Internet website 
                        of the Commission--
                                    (I) the 10 digit telephone number 
                                of those public safety answering points 
                                appearing on such list; and
                                    (II) a statement explicitly warning 
                                the public that such telephone numbers 
                                are not intended for emergency purposes 
                                and as such may not be answered at all 
                                times; and
                            (ii) to public safety answering points all 
                        contact information compiled by the Commission.
            (2) Continuing duty.--The Commission shall continue--
                    (A) to update the list made available to the public 
                described in paragraph (1)(C); and
                    (B) to improve for the benefit of the public the 
                accessibility, use, and organization of such list.
            (3) PSAPs required to comply.--Each public safety answering 
        point shall provide all requested contact information to the 
        Commission as requested.
    (c) Report on Selective Routers.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Commission shall--
                    (A) compile a list of selective routers, including 
                the contact information of the owners of such routers;
                    (B) organize such list by county, town, township, 
                parish, village, hamlet, or other general purpose 
                political subdivision of a State; and
                    (C) make such list available to providers of 
                telecommunications service and to providers of IP-
                enabled voice service who are seeking to provide E-911 
                service to their subscribers. D23/

SEC. 5. DEFINITIONS.

    (a) In General.--For purposes of this Act:
            (1) 911.--The term ``911'' means a service that allows a 
        user, by dialing the three-digit code 911, to call a public 
        safety answering point operated by a State, local government, 
        Indian tribe, or authorized entity.
            (2) 911 component.--The term ``911 component'' means any 
        equipment, network, databases (including automatic location 
        information databases and master street address guides), 
        interface, selective router, trunkline, or other related 
        facility necessary for the delivery and completion of 911 or E-
        911 calls and information related to such calls to which the 
        Commission requires access pursuant to its rules and 
        regulations.
            (3) E-911 service.--The term ``E-911 service'' means a 911 
        service that automatically delivers the 911 call to the 
        appropriate public safety answering point, and provides 
        automatic identification data, including the originating number 
        of an emergency call, the physical location of the caller, and 
        the capability for the public safety answering point to call 
        the user back if the call is disconnected.
            (4) IP-enabled voice service.--The term ``IP-enabled voice 
        service'' means the provision of real-time 2-way voice 
        communications offered to the public, or such classes of users 
        as to be effectively available to the public, transmitted 
        through customer premises equipment using TCP/IP protocol, or a 
        successor protocol, for a fee (whether part of a bundle of 
        services or separately) with 2-way interconnection capability 
        such that the service can originate traffic to, and terminate 
        traffic from, the public switched telephone network.
            (5) PSAP.--The term ``public safety answering point'' or 
        ``PSAP'' means a facility that has been designated to receive 
        911 or E-911 calls.
    (b) Common Terminology.--Except as otherwise provided in subsection 
(a), terms used in this Act have the meanings provided under section 3 
of the Communications Act of 1934.
                                                       Calendar No. 353

109th CONGRESS

  1st Session

                                S. 1063

                          [Report No. 109-211]

_______________________________________________________________________

                                 A BILL

    To promote and enhance public safety and to encourage the rapid 
                deployment of IP-enabled voice services.

_______________________________________________________________________

                           December 20, 2005

        Reported with an amendment in the nature of a substitute