[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3403 Reported in House (RH)]
Union Calendar No. 273
110th CONGRESS
1st Session
H. R. 3403
[Report No. 110-442]
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
November 13, 2007
Additional sponsors: Ms. Eshoo, Mr. Shimkus, Mr. Pickering, Ms. Carson,
Mrs. Capps, and Mr. Weller of Illinois
November 13, 2007
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on August
3, 2007]
_______________________________________________________________________
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 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 these requirements 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).
``(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.''.
Amend the title so as to read: ``A bill 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.''.
Union Calendar No. 273
110th CONGRESS
1st Session
H. R. 3403
[Report No. 110-442]
_______________________________________________________________________
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.
_______________________________________________________________________
November 13, 2007
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed