[Congressional Bills 110th Congress]
[From the U.S. Government Publishing 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,

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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.