[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

_______________________________________________________________________

                                 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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