[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3403 Referred in Senate (RFS)]

  1st Session
                                H. R. 3403


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2007

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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 ``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 each IP-enabled voice 
service provider to provide 911 service and E-911 service to its 
subscribers in accordance with the requirements of the Federal 
Communications Commission (in this section referred to as the 
`Commission'), as in effect on the date of enactment of the 911 
Modernization and Public Safety Act of 2007 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 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 the same rights, including rights 
of interconnection, and on the same rates, terms, and conditions, as 
apply 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 911 
        Modernization and Public Safety Act of 2007, 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; and
            ``(2) 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 agencies or 
programs with jurisdiction over emergency communications. Nothing in 
this section is intended to alter the authority of State commissions or 
other State 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 technology 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 911 Modernization and 
        Public Safety Act of 2007, 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, or Indian tribe for the support or 
        implementation of 911 or E-911 services, provided that the fee 
        or charge is obligated or expended only in support of 911 and 
        E-911 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 fees for the support or implementation of 911 or 
        E-911 services, 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.
    ``(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 911 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) Rule of Construction.--Nothing in the 911 Modernization and 
Public Safety Act of 2007 shall be construed as altering, delaying, or 
otherwise limiting the ability of the Commission to enforce the rules 
adopted in the Commission's First Report and Order in WC Docket Nos. 
04-36 and 05-196, as in effect on the date of enactment of the 911 
Modernization and Public Safety Act of 2007, except as such rules may 
be modified by the Commission from time to time.''; 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 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 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 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 
                for E-911 purposes and recommendations on 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.''.

SEC. 103. TECHNICAL AMENDMENTS.

    Section 3011(b) of the Digital Television Transition and Public 
Safety Act of 2005 (Public Law 109-171; 47 U.S.C. 309 note), and 
section 158(b)(4) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 942(b)(4)) are each amended 
by striking ``the 911 Modernization Act'' and inserting ``the 911 
Modernization and Public Safety Act of 2007''.

                     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:
            ``(9) 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.
            ``(10) 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 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 (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)--
                    (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) Prohibited use of location information databases.--No 
        administrator of any database used for the purpose of 
        facilitating the provision of emergency services may use for 
        any competitive purpose data obtained from unaffiliated 
        telecommunications carriers or IP-enabled voice service 
        providers in the course of maintaining and operating that 
        database. Nothing in this section is intended to prohibit 
        government agencies otherwise authorized under law from 
        requesting information contained in any such database.''.

            Passed the House of Representatives November 13, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.