[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3403 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3403
To promote and enhance public safety by facilitating the rapid
deployment of IP-enabled 911 and E-911 services, encouraging the
nation's transition to a national IP-enabled emergency network and
improve 911 and E-911 access to those with disabilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 2007
Mr. Gordon of Tennessee introduced the following bill; which was
referred to the Committee on Energy and Commerce
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A BILL
To promote and enhance public safety by facilitating the rapid
deployment of IP-enabled 911 and E-911 services, encouraging 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 ``911 Modernization and Public Safety
Act of 2007''.
TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS
SEC. 101. DUTY TO PROVIDE 911 AND E-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 911 AND E-911 SERVICE.
``(a) Duties.--It shall be the duty of every IP-enabled voice
service provider engaged in interstate communication to provide 911
service and E-911 service to its subscribers in accordance with the
regulations of Federal Communications Commission (in this section
referred to as the `Commission'), as such orders may be modified by the
Commission from time to time.
``(b) Access to 911 Components.--
``(1) Regulations.--Within 90 days after the date of
enactment of the 911 Modernization and Public Safety Act of
2007, the Commission shall issue regulations granting IP-
enabled voice service providers right of access to 911
components that are necessary to provide 911 service, including
enhanced 911 service, on the same rates, terms, and conditions
that are provided commercial mobile services providers. In
promulgating the regulations, the Commission shall take into
account any technical, network security, or information privacy
issues that are specific to IP-enabled voice services.
``(2) Delegation of enforcement to state commissions.--The
Commission may delegate authority to enforce the regulations
issued under paragraph (1) to State commissions or other State
agencies or programs with jurisdiction over emergency
communications.
``(c) Implementation.--
``(1) Deadline.--The Commission shall prescribe regulations
to implement this section within 90 days after the date of
enactment of the 911 Modernization and Public Safety Act of
2007.
``(2) Limitation.--Nothing in this section shall be
construed to permit the Commission to issue regulations that
require or impose a specific technology or technology standard.
``(3) 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.
``(d) State Authority Over Fees.--
``(1) Authority.--A fee or charge applicable to commercial
mobile services or IP-enabled voice services specifically
designated by a State, political subdivision thereof, or Indian
tribe for the support or implementation of 911 or E-911
services that are subject to or authorized by this Act, the
Communications Act of 1934 (47 U.S.C. 151 et seq.), the 911
Modernization and Public Safety Act of 2007, or any Federal
Communications Commission regulation or order may be obligated
or expended only 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. For IP-enabled voice
services, the fee or charge may not exceed the amount of any
such fee or charge applicable to telecommunications services
``(2) Fee accountability report.--To ensure efficiency,
transparency, and accountability in the collection and
expenditure of 911 fees, the Commission shall submit a report
within 1 year after the date of enactment of the 911
Modernization and Public Safety Act of 2007, 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 911 fees,
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 fee or charges are
presented.''; and
(3) in section 7 (as redesignated by paragraph (1) of this
section) by adding at the end the following new paragraphs:
``(7) 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 Commission's regulation (47 CFR
9.3).
``(8) Necessary 911 component.--The term `necessary 911
component' means any equipment, network, databases (including
automatic location information databases and master street
address guides), interface, selective router, trunkline, non-
dialable p-ANI numbers, or other related facility necessary as
determined by the Commission for the delivery and completion of
911 or E-911 calls and information related to such calls.
``(9) IP-enabled 911 services.--The term `IP-enabled 911
service' means any 911 service provide by an IP-enabled voice
service provider, including enhanced IP-enabled 911 service.
``(10) Enhanced ip-enabled 911 services.--The term
`enhanced IP-enabled 911 service' means any enhanced 911
service so designated by the Federal Communications Commission
in its Report and Order in WC Docket Nos. 04-36 and 05-196, or
any successor proceeding.''.
SEC. 102. 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) 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 the enactment of the 911 Modernization and Public
Safety Act of 2007, 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) 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;
``(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
911 Modernization and Public Safety Act of 2007;
``(G) identify solutions for providing 911 and E-
911 access to those with disabilities and needed steps
to implement such solutions, including a recommended
timeline; and
``(H) analyze efforts to provide automatic location
and recommendations on needed regulatory or legislative
changes that are necessary to achieve automatic
location for E-911 purposes.
``(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.''.
(b) Availability of PSAP Information.--The Federal Communications
Commission may compile a list of public safety answering point contact
information, selective router contact information, testing procedures,
and classes and types of services supported by public safety answering
points, or other information concerning necessary 911 components, for
the purpose of assisting providers in complying with this section, and
may make any portion of such information available to the public if
such availability would improve public safety.
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'' 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:
``(11) 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 911 and enhanced
911 services.
``(12) 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 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 subsection 8(A), an entity that
voluntarily elects to provide other emergency
communications services and is specifically authorized
by the appropriate local or State 911 governing
authority to provide other emergency communications
services.''.
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 (such as the term is defined 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)--
(A) 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'';
(B) by striking ``Notwithstanding subsections (b)''
and inserting the following:
``(1) In general.--Notwithstanding subsections (b)''; and.
(C) by adding at the end the following new
paragraph:
``(2) Use of automatic location information and master
street address guides exclusively for emergency services.--No
telecommunications carrier or 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))
that provides 911, E-911, or other emergency communications
service, and no administrator of any database used for the
purpose of facilitating the provision of emergency services,
may use specific or aggregated information contained in or
gathered from automatic location information databases and
master street address guides that are utilized for the specific
purpose of providing emergency services for any purpose other
than providing emergency services.''.
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