[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 428 Reported in Senate (RS)]

                                                       Calendar No. 327
110th CONGRESS
  1st Session
                                 S. 428

                          [Report No. 110-142]

To amend the Wireless Communications and Public Safety Act of 1999, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2007

 Mr. Nelson  of Florida (for himself, Ms. Snowe, Mrs. Clinton, and Mr. 
  Lautenberg) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             August 3, 2007

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Wireless Communications and Public Safety Act of 1999, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``IP-Enabled Voice 
Communications and Public Safety Act of 2007''.</DELETED>

<DELETED>SEC. 2. DUTY TO PROVIDE 911 AND E-911 SERVICE.</DELETED>

<DELETED>    (a) In General.--The Wireless Communications and Public 
Safety Act of 1999 (47 U.S.C. 615 et seq.) is amended by adding at the 
end the following:</DELETED>

<DELETED>``SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS.</DELETED>

<DELETED>    ``(a) In General.--It shall be the duty of every IP-
enabled voice service provider engaged in interstate or foreign 
communication to provide 9-1-1 service, including enhanced 9-1-1 
service, to its subscribers in accordance with the orders of the 
Commission.</DELETED>
<DELETED>    ``(b) Access to 911 Components.--</DELETED>
        <DELETED>    ``(1) Regulations.--Within 90 days after the date 
        of enactment of the IP-Enabled Voice Communications and Public 
        Safety Act of 2007, the Commission shall issue regulations 
        granting IP-enabled voice service providers rights of access to 
        911 components that are comparable to the rights of access to 
        911 components granted to commercial mobile service providers. 
        In promulgating the regulations, the Commission shall take into 
        account any technical or network security issues that are 
        specific to IP-enabled voice services.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Savings Clause.--Nothing in the IP-Enabled Voice 
Communications and Public Safety Act of 2007 shall be construed as 
repealing or otherwise altering, modifying, affecting, or superseding 
Federal regulations obligating an IP-enabled voice service provider to 
provide 9-1-1 service or enhanced 9-1-1 service.''.</DELETED>
<DELETED>    (b) Definitions.--Section 6 of the Wireless Communications 
and Public Safety Act of 1999 (47 U.S.C. 615b) is amended by adding at 
the end thereof the following:</DELETED>
        <DELETED>    ``(8) IP-enabled voice service.--The term `IP-
        enabled voice service' means a service that--</DELETED>
                <DELETED>    ``(A) enables real-time, 2-way voice 
                communications;</DELETED>
                <DELETED>    ``(B) requires a broadband connection from 
                the user's location;</DELETED>
                <DELETED>    ``(C) requires Internet protocol-
                compatible customer premises equipment; and</DELETED>
                <DELETED>    ``(D) permits users generally to receive 
                calls that originate on the public switched telephone 
                networks and to terminate calls to the public switched 
                telephone network.</DELETED>
        <DELETED>    ``(9) IP-enabled 9-1-1 service.--The term `IP-
        enabled 9-1-1 service' means any 9-1-1 service provided by an 
        IP-enabled voice service provider, including enhanced IP-
        enabled 9-1-1 service.</DELETED>
        <DELETED>    ``(10) Enhanced ip-enabled 9-1-1 service.--The 
        term `enhanced IP-enabled 9-1-1 service' means any enhanced 9-
        1-1 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.</DELETED>
        <DELETED>    ``(11) 911 component.--The term `911 component' 
        means any equipment, network, databases (including automatic 
        location information databases and master street address 
        guides), interface, selective router, trunkline, or other 
        related facility necessary for the delivery and completion of 
        911 or E-911 calls and information related to such calls to 
        which the Commission requires access pursuant to its rules and 
        regulations.''.</DELETED>

<DELETED>SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF IP-
              ENABLED VOICE SERVICE.</DELETED>

<DELETED>    Section 4 of the Wireless Communications and Public Safety 
Act of 1999 (47 U.S.C. 615a) is amended--</DELETED>
        <DELETED>    (1) by striking ``carrier,'' in subsection (a) and 
        inserting ``carrier or an IP-enabled voice service 
        provider,'';</DELETED>
        <DELETED>    (2) by striking ``its'' the first place it appears 
        in subsection (a) and inserting ``their'';</DELETED>
        <DELETED>    (3) by striking ``service shall'' in subsection 
        (b) and inserting ``service, or IP-enabled voice service, 
        shall'';</DELETED>
        <DELETED>    (4) by striking ``wireless.'' in subsection (b) 
        and inserting ``wireless or IP-enabled.'';</DELETED>
        <DELETED>    (5) by striking ``communications,'' in subsection 
        (c) and inserting ``communications or IP-enabled voice service 
        communications,''; and</DELETED>
        <DELETED>    (6) by striking ``wireless.'' in subsection (c) 
        and inserting ``wireless or IP-enabled.''.</DELETED>

<DELETED>SEC. 4. STATE AUTHORITY OVER FEES.</DELETED>

<DELETED>    Nothing in this Act, the Communications Act of 1934 (47 
U.S.C. 151 et seq.), the Wireless Communications and Public Safety Act 
of 1999 (47 U.S.C. 615a), or any Federal Communications Commission 
regulation or order shall prevent the imposition on, or collection 
from, a provider of IP-enabled voice services of any fee or charge 
specifically designated by a State, political subdivision thereof, or 
Indian tribe for the support of 911 or E-911 services if that fee or 
charge--</DELETED>
        <DELETED>    (1) does not exceed the amount of any such fee or 
        charge imposed on or collected from a provider of 
        telecommunications services; and</DELETED>
        <DELETED>    (2) is obligated or expended 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.</DELETED>

<DELETED>SEC. 5. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.</DELETED>

<DELETED>    (a) In General.--Section 158 of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 942) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (d) and (e) as 
        subsections (e) and (f), respectively;</DELETED>
        <DELETED>    (2) by inserting after subsection (c) the 
        following:</DELETED>
<DELETED>    ``(d) Migration Plan Required.--</DELETED>
        <DELETED>    ``(1) National plan required.--No more than 180 
        days after the date of the enactment of the IP-Enabled Voice 
        Communications 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.</DELETED>
        <DELETED>    ``(2) Contents of plan.--The plan required by 
        paragraph (1) shall--</DELETED>
                <DELETED>    ``(A) outline the potential benefits of 
                such a migration;</DELETED>
                <DELETED>    ``(B) identify barriers that must be 
                overcome and funding mechanisms to address those 
                barriers;</DELETED>
                <DELETED>    ``(C) include a proposed timetable, an 
                outline of costs and potential savings;</DELETED>
                <DELETED>    ``(D) provide specific legislative 
                language, if necessary, for achieving the 
                plan;</DELETED>
                <DELETED>    ``(E) provide recommendations on any 
                legislative changes, including updating definitions, to 
                facilitate a national IP-enabled emergency 
                network;</DELETED>
                <DELETED>    ``(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 IP-Enabled Voice Communications and Public 
                Safety Act of 2007; and</DELETED>
                <DELETED>    ``(G) document solutions that a national 
                IP-enabled emergency network will provide for 9-1-1 
                access to those with disabilities.</DELETED>
        <DELETED>    ``(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, and others it deems 
        appropriate.''; and</DELETED>
        <DELETED>    (3) by striking ``services.'' in subsection (b)(1) 
        and inserting ``services, and, upon completion of development 
        of the national plan for migrating to a national IP-enabled 
        emergency network under subsection (d), for migration to an IP-
        enabled emergency network.''.</DELETED>
<DELETED>    (b) Availability of PSAP Information.--The Federal 
Communications Commission may compile a list of public safety answering 
point 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IP-Enabled Voice Communications and 
Public Safety Act of 2007''.

SEC. 2. DUTY TO PROVIDE 9-1-1 AND E-9-1-1 SERVICE.

    (a) In General.--The Wireless Communications and Public Safety Act 
of 1999 (47 U.S.C. 615 et seq.) is amended by adding at the end the 
following:

``SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS.

    ``(a) In General.--It shall be the duty of every IP-enabled voice 
service provider engaged in interstate or foreign communication to 
provide 9-1-1 service, including enhanced 9-1-1 service, to its 
subscribers in accordance with orders of the Commission in effect on 
the date of enactment of the IP-Enabled Voice Communications and Public 
Safety Act of 2007, as such orders may be modified by the Commission 
from time to time.
    ``(b) Access to 9-1-1 Components.--
            ``(1) Regulations.--Within 90 days after the date of 
        enactment of the IP-Enabled Voice Communications and Public 
        Safety Act of 2007, the Commission shall issue regulations 
        granting IP-enabled voice service providers right of access to 
        9-1-1 components that are necessary to provide 9-1-1 service, 
        on the same rates, terms, and conditions that are provided to 
        commercial mobile service 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, including the 
        security of 9-1-1 networks. The Commission 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 service and access.
            ``(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) Savings Clause.--Nothing in the IP-Enabled Voice 
Communications and Public Safety Act of 2007 shall be construed as 
repealing or otherwise altering, modifying, affecting, or superseding 
Federal regulations obligating an IP-enabled voice service provider to 
provide 9-1-1 service or enhanced 9-1-1 service.
    ``(d) Limitation on Commission.--Nothing in this section shall be 
construed to permit the Commission to issue regulations that require or 
impose a specific technology or technological standard.
    ``(e) FCC Authority to Require 9-1-1 Service.--The Federal 
Communications Commission is authorized to require other providers of 
communications services using wire or radio communication in interstate 
or foreign commerce to provide 9-1-1 service, including enhanced 9-1-1 
service, to users for the purpose of promoting safety of life and 
property.''.
    (b) Definitions.--Section 6 of the Wireless Communications and 
Public Safety Act of 1999 (47 U.S.C. 615b) is amended by adding at the 
end thereof the following:
            ``(8) IP-enabled voice service.--The term `IP-enabled voice 
        service' has the meaning given that term by section 9.3 of the 
        Commission's regulations (47 C.F.R. 9.3), as those regulations 
        may be amended by the Commission from time to time.
            ``(9) IP-enabled 9-1-1 service.--The term `IP-enabled 9-1-1 
        service' means any 9-1-1 service provided by an IP-enabled 
        voice service provider, including enhanced IP-enabled 9-1-1 
        service.
            ``(10) Enhanced ip-enabled 9-1-1 service.--The term 
        `enhanced IP-enabled 9-1-1 service' means any enhanced 9-1-1 
        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.
            ``(11) 9-1-1 component.--The term `9-1-1 component' means 
        any equipment, network, databases (including automatic location 
        information databases and master street address guides), 
        interface, selective router, trunkline, non-dialable p-ANI's, 
        or other related facility necessary for the delivery and 
        completion of 9-1-1 or E-9-1-1 calls and information related to 
        such calls, as determined by the Commission.''.

SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF IP-ENABLED VOICE 
              SERVICE.

    (a) In General.--Section 4 of the Wireless Communications and 
Public Safety Act of 1999 (47 U.S.C. 615a) is amended--
            (1) by striking ``carrier,'' in subsection (a) and 
        inserting ``carrier, IP-enabled voice service provider, or 
        alternative emergency communications service provider,'';
            (2) by striking ``its'' the first place it appears in 
        subsection (a) and inserting ``their'';
            (3) by striking ``emergency calls or emergency services.'' 
        in subsection (a) and inserting ``emergency calls, emergency 
        services, or alternative emergency communications services.'';
            (4) by striking ``service shall'' in subsection (b) and 
        inserting ``service, or IP-enabled voice service, shall'';
            (5) by striking ``wireless.'' in subsection (b) and 
        inserting ``wireless, IP-enabled, or alternative emergency 
        communications.'';
            (6) by striking ``communications,'' in subsection (c) and 
        inserting ``communications, IP-enabled voice service 
        communications, or alternative emergency communications,''; and
            (7) by striking ``wireless.'' in subsection (c) and 
        inserting ``wireless, IP-enabled, or alternative emergency 
        communications.''.
    (b) Definitions.--Section 6 of the Wireless Communications and 
Public Safety Act of 1999 (47 U.S.C. 615b), as amended by section 2(b), 
is further amended by adding at the end thereof the following:
            ``(12) Alternative emergency communications service.--The 
        term `alternative 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 Services.
            ``(13) Alternative emergency communications service 
        provider.--The term `alternative emergency communications 
        service provider' means an entity other than a local exchange 
        carrier, wireless carrier, or an IP-enabled voice service 
        provider that is required by the Commission or, in the absence 
        of any such requirement, is specifically authorized by the 
        appropriate local or State 9-1-1 governing authority, to 
        provide alternative emergency communications services.''.

SEC. 4. STATE AUTHORITY OF FEES.

    Nothing in this Act, the Communications Act of 1934 (47 U.S.C. 151 
et seq.), the Wireless Communications and Public Safety Act of 1999 (47 
U.S.C. 615a), or any Federal Communications Commission regulation or 
order shall prevent the imposition on, or collection by, a provider of 
IP-enabled voice services or commercial mobile service, of any fee or 
charge specifically designated by a State, political subdivision 
thereof, or Indian tribe for the support of 9-1-1 or E 099-1-1 services 
if that fee or charge--
            (1) for IP-enabled voice services, does not exceed the 
        amount of any such fee or charge imposed on or collected by a 
        provider of telecommunications services; and
            (2) is obligated or expended in support of 9-1-1 and E 099-
        1-1 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.

SEC. 5. FEE ACCOUNTABILITY.

    To ensure efficiency, transparency, and accountability in the 
collection and expenditure of 9-1-1 fees, the Federal Communications 
Commission shall submit a report within 1 year after the date of 
enactment of this Act, and annually thereafter, to the Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce detailing the status 
in each State of the collection and distribution of 9-1-1 fees and 
include 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.

SEC. 6. 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) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (2) by inserting after subsection (c) the following:
    ``(d) Migration Plan Required.--
            ``(1) National plan required.--No more than 270 days after 
        the date of the enactment of the IP-Enabled Voice 
        Communications 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) 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, to facilitate 
                a national IP-enabled emergency network;
                    ``(H) 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 
                IP-Enabled Voice Communications and Public Safety Act 
                of 2007;
                    ``(I) document solutions that a national IP-enabled 
                emergency network will provide for 9-1-1 access to 
                those with disabilities and needed steps to implement 
                such solutions, including a recommended timeline for 
                such implementation; and
                    ``(J) analyze technologies and efforts to provide 
                automatic location capabilities and provide 
                recommendations on needed regulatory or legislative 
                changes necessary to implement automatic location 
                solutions for 9-1-1 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, and 
        others it deems appropriate.''; and
            (3) by striking ``services.'' in subsection (b)(1) and 
        inserting ``services, and for migration to an IP-enabled 
        emergency network.''.
    (b) Availability of PSAP Information.--The Federal Communications 
Commission may compile a list of public safety answering point contact 
information, testing procedures, classes and types of services 
supported by public safety answering points, selective router contact 
information, or other information concerning necessary 9-1-1 
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.
    (c) Development of Standards.--The Federal Communications 
Commission shall work cooperatively with public safety organizations, 
industry participants, and the E-9-1-1 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 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.

SEC. 7. ENFORCEMENT.

    The Commission shall enforce the Wireless Communications and Public 
Safety Act of 1999 (47 U.S.C. 615a) as if that Act were part of the 
Communications Act of 1934. For purposes of this section, any violation 
of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 
615a), or any regulation promulgated under that Act, is deemed to be a 
violation of the Communications Act of 1934 or a regulation promulgated 
under the Communications Act of 1934, respectively.

SEC. 8. COMPLETION OF THE HATFIELD REPORT.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Federal Communications Commission shall remit all 
amounts promised for the completion of an update to the Report on 
Technical and Operational Issues Impacting the Provision of Wireless 
Enhanced 9-1-1 Services by Dale N. Hatfield filed at the Commission on 
October 15, 2002, in WT Docket No. 02-46.
    (b) Submission of Report.--Mr. Hatfield shall submit his written 
findings as of May 1, 2006, to the Federal Communications Commission 
not later than 60 days after receiving the payment described in 
subsection (a).
                                                       Calendar No. 327

110th CONGRESS

  1st Session

                                 S. 428

                          [Report No. 110-142]

_______________________________________________________________________

                                 A BILL

To amend the Wireless Communications and Public Safety Act of 1999, and 
                          for other purposes.

_______________________________________________________________________

                             August 3, 2007

                       Reported with an amendment