1.This Act may be cited as the
Next Generation 9–1–1 Advancement Act
of 2011
.
2.Congress finds that—
(1)for the sake of
the public safety of our Nation, a universal emergency service number (9–1–1)
that is enhanced with the most modern and state-of-the-art telecommunications
capabilities possible, including voice, data, and video communications, should
be available to all citizens wherever they live, work, and travel;
(2)a successful migration to Next Generation
9–1–1 service communications systems will require greater Federal, State, and
local government resources and coordination;
(3)any funds that are
collected from fees imposed on consumer bills for the purposes of funding 9–1–1
services, enhanced 9–1–1 services, or Next Generation 9–1–1 services should
only be used for the purposes for which the funds are collected;
(4)it is a national
priority to foster the migration from analog, voice-centric 9–1–1 and current
generation emergency communications systems to a 21st century, Next Generation,
IP-based emergency services model that embraces a wide range of voice, video,
and data applications;
(5)ensuring 9–1–1
access for all citizens includes improving access to 9–1–1 systems for the
deaf, hard of hearing, deaf-blind, and individuals with speech disabilities,
who increasingly communicate with non-traditional text, video, and
instant-messaging communications services, and who expect those services to be
able to connect directly to 9–1–1 systems;
(6)a
coordinated public educational effort on current and emerging 9–1–1 system
capabilities and proper use of the 9–1–1 system is essential to the operation
of effective 9–1–1 systems;
(7)Federal policies
and funding should enable the transition to Internet Protocol-based (IP-based)
Next Generation 9–1–1 systems and Federal 9–1–1 and emergency communications
laws and regulations must keep pace with rapidly changing technology to ensure
an open and competitive 9–1–1 environment based on the most advanced technology
available; and
(8)Federal policies
and grant programs should reflect the growing convergence and integration of
emergency communications technology, such that State interoperability plans and
Federal funding in support of such plans is made available for all aspects of
Next Generation 9–1–1 service and emergency communications systems.
3.The purposes of this Act are—
(1)to focus Federal
policies and funding programs to ensure a successful migration from
voice-centric 9–1–1 systems to IP-enabled, Next Generation 9–1–1 emergency
response systems that use voice, data, and video services to greatly enhance
the capability of 9–1–1 and emergency response services;
(2)to ensure that
technologically advanced 9–1–1 and emergency communications systems are
universally available and adequately funded to serve all Americans; and
(3)to ensure that all
9–1–1 and emergency response organizations have access to—
(A)high-speed
broadband networks;
(B)interconnected IP
backbones; and
(C)innovative
services and applications.
4.In this Act, the following definitions shall
apply:
(1)9–1–1 services,
E9–1–1 services, Next Generation 9–1–1 servicesThe terms
9–1–1 services, E9–1–1 services, and Next Generation 9–1–1
services
shall have the meaning given those terms in section 158 of the
National Telecommunications and Information Administration Organization Act (47
U.S.C. 942), as amended by this Act.
(2)The
term Commission
means the Federal Communications
Commission.
(3)Multi-line
telephone systemThe term multi-line telephone
system or MLTS means a system comprised of common control
units, telephone sets, control hardware and software and adjunct systems,
including network and premises based systems, such as Centrex and VoIP, as well
as PBX, Hybrid, and Key Telephone Systems (as classified by the Commission
under part 68 of title 47, Code of Federal Regulations) and includes systems
owned or leased by governmental agencies and non-profit entities, as well as
for profit businesses.
(4)The
term Office means the 9–1–1 Implementation Coordination Office
established under section 158 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942), as amended by this
Act.
(5)Public safety
answering pointThe term public safety answering
point has the meaning given the term in section 222 of the
Communications Act of 1934 (47 U.S.C. 222).
5.Coordination of
9–1–1 implementationSection
158 of the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 942) is amended to read as follows:
158.Coordination of
9–1–1, E9–1–1 and next generation 9–1–1 implementation
(a)9–1–1
Implementation Coordination Office
(1)Establishment
and continuationThe Assistant Secretary and the Administrator of
the National Highway Traffic Safety Administration shall—
(A)establish and
further a program to facilitate coordination and communication between Federal,
State, and local emergency communications systems, emergency personnel, public
safety organizations, telecommunications carriers, and telecommunications
equipment manufacturers and vendors involved in the implementation of 9–1–1
services; and
(B)establish a 9–1–1
Implementation Coordination Office to implement the provisions of this
section.
(2)
(A)The
Assistant Secretary and the Administrator shall develop a management plan for
the grant program established under this section, including by
developing—
(i)plans related to
the organizational structure of such program; and
(ii)funding profiles
for each fiscal year of the 5-year duration of such program.
(B)Not later than 90 days after the date of enactment of
the Next Generation 9–1–1 Advancement Act of
2011, the Assistant Secretary and the Administrator shall submit
the management plan developed under subparagraph (A) to—
(i)the Committees on
Commerce, Science, and Transportation and Appropriations of the Senate;
and
(ii)the Committees on
Energy and Commerce and Appropriations of the House of Representatives.
(3)The Office shall—
(A)take actions, in
concert with coordinators designated in accordance with subsection
(b)(3)(A)(ii), to improve coordination and communication with respect to the
implementation of 9–1–1 services, E9–1–1 services, and Next Generation 9–1–1
services;
(B)develop, collect,
and disseminate information concerning practices, procedures, and technology
used in the implementation of 9–1–1 services, E9–1–1 services, and Next
Generation 9–1–1 services;
(C)advise and assist
eligible entities in the preparation of implementation plans required under
subsection (b)(3)(A)(iii);
(D)receive, review,
and recommend the approval or disapproval of applications for grants under
subsection (b); and
(E)oversee the use of
funds provided by such grants in fulfilling such implementation plans.
(4)The
Assistant Secretary and the Administrator shall provide an annual report to
Congress by the first day of October of each year on the activities of the
Office to improve coordination and communication with respect to the
implementation of 9–1–1 services, E9–1–1 services, and Next Generation 9–1–1
services.
(b)9–1–1, E9–1–1
and Next Generation 9–1–1 Implementation Grants
(1)The Assistant Secretary and the Administrator, acting
through the Office, shall provide grants to eligible entities for—
(A)the implementation
and operation of 9–1–1 services, E9–1–1 services, migration to an IP-enabled
emergency network, and adoption and operation of Next Generation 9–1–1 services
and applications;
(B)the implementation
of IP-enabled emergency services and applications enabled by Next Generation
9–1–1 services, including the establishment of IP backbone networks and the
application layer software infrastructure needed to interconnect the multitude
of emergency response organizations; and
(C)training public
safety personnel, including call-takers, first responders, and other
individuals and organizations who are part of the emergency response chain in
9–1–1 services.
(2)The Federal share of the cost of a project eligible
for a grant under this section shall not exceed 80 percent. The non-Federal
share of the cost shall be provided from non-Federal sources unless waived by
the Assistant Secretary and the Administrator.
(3)In providing grants under paragraph (1), the Assistant
Secretary and the Administrator shall require an eligible entity to certify in
its application that—
(A)in the case of an
eligible entity that is a State government, the entity—
(i)has coordinated
its application with the public safety answering points located within the
jurisdiction of such entity;
(ii)has designated a
single officer or governmental body of the entity to serve as the coordinator
of implementation of 9–1–1 services, except that such designation need not vest
such coordinator with direct legal authority to implement 9–1–1 services,
E9–1–1 services, or Next Generation 9–1–1 services or to manage emergency
communications operations;
(iii)has established
a plan for the coordination and implementation of 9–1–1 services, E9–1–1
services, and Next Generation 9–1–1 services; and
(iv)has integrated
telecommunications services involved in the implementation and delivery of
9–1–1 services, E9–1–1 services, and Next Generation 9–1–1 services; or
(B)in the case of an
eligible entity that is not a State, the entity has complied with clauses (i),
(iii), and (iv) of subparagraph (A), and the State in which it is located has
complied with clause (ii) of such subparagraph.
(4)Not
later than 120 days after the date of enactment of the
Next Generation 9–1–1 Advancement Act of
2011, the Assistant Secretary and the Administrator shall issue
regulations, after providing the public with notice and an opportunity to
comment, prescribing the criteria for selection for grants under this section.
The criteria shall include performance requirements and a timeline for
completion of any project to be financed by a grant under this section. The
Assistant Secretary and the Administrator shall update such regulations as
necessary.
(c)Diversion of
9–1–1 Charges
(1)For the purposes of this subsection, the term
designated 9–1–1 charges
means any taxes, fees, or other charges
imposed by a State or other taxing jurisdiction that are designated or
presented as dedicated to deliver or improve 9–1–1 services, E9–1–1 services,
or Next Generation 9–1–1 services.
(2)Each
applicant for a matching grant under this section shall certify to the
Assistant Secretary and the Administrator at the time of application, and each
applicant that receives such a grant shall certify to the Assistant Secretary
and the Administrator annually thereafter during any period of time during
which the funds from the grant are available to the applicant, that no portion
of any designated 9–1–1 charges imposed by a State or other taxing jurisdiction
within which the applicant is located are being obligated or expended for any
purpose other than the purposes for which such charges are designated or
presented during the period beginning 180 days immediately preceding the date
of the application and continuing through the period of time during which the
funds from the grant are available to the applicant.
(3)Each applicant for a grant under this section shall agree,
as a condition of receipt of the grant, that if the State or other taxing
jurisdiction within which the applicant is located, during any period of time
during which the funds from the grant are available to the applicant, obligates
or expends designated 9–1–1 charges for any purpose other than the purposes for
which such charges are designated or presented, eliminates such charges, or
re-designates such charges for purposes other than the implementation or
operation of 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1
services, all of the funds from such grant shall be returned to the
Office.
(4)Penalty for
providing false informationAny applicant that provides a
certification under paragraph (1) knowing that the information provided in the
certification was false shall—
(A)not be eligible to
receive the grant under subsection (b);
(B)return any grant
awarded under subsection (b) during the time that the certification was not
valid; and
(C)not be eligible to
receive any subsequent grants under subsection (b).
(d)Authorization
and termination
(1)There
are authorized to be appropriated to the Secretary of Commerce, for the
purposes of carrying out grants under this section, not more than $250,000,000
total for the fiscal years 2012 through 2017. Of the amounts made available to
the Secretary of Commerce under this paragraph in a fiscal year not more than 5
percent of such amounts may be obligated or expended to cover the
administrative costs of carrying out this section.
(2)Effective
on October 1, 2017, the authority provided by this section terminates and this
section shall have no effect.
(e)In
this section, the following definitions shall apply:
(1)The term 9–1–1 services includes both
E9–1–1 services and Next Generation 9–1–1 services.
(2)The term E9–1–1 services means both phase I
and phase II enhanced 9–1–1 services, as described in section 20.18 of the
Commission's regulations (47 C.F.R. 20.18), as in effect on the date of
enactment of the Next Generation 9–1–1
Advancement Act of 2011, or as subsequently revised by the
Commission.
(3)
(A)The term eligible entity means a State or
local government or a tribal organization (as defined in section 4(l) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(l))).
(B)The
term eligible entity
includes public authorities, boards,
commissions, and similar bodies created by 1 or more eligible entities
described in subparagraph (A) to provide 9–1–1 service, E9–1–1 services, or
Next Generation 9–1–1 services.
(C)The
term eligible entity
does not include any entity that has failed
to submit the most recently required certification under subsection (c) within
30 days after the date on which such certification is due.
(4)The term emergency call refers to any real-time
communication with a public safety answering point or other emergency
management or response agency, including—
(A)through voice,
text, or video and related data; and
(B)nonhuman-initiated
automatic event alerts, such as alarms, telematics, or sensor data, which may
also include real-time voice, text, or video communications.
(5)Next Generation
9–1–1 servicesThe term Next Generation 9–1–1
services means an IP-based system comprised of hardware, software, data,
and operational policies and procedures that—
(A)provides
standardized interfaces from emergency call and message services to support
emergency communications;
(B)processes all
types of emergency calls, including voice, data, and multimedia
information;
(C)acquires and
integrates additional emergency call data useful to call routing and
handling;
(D)delivers the
emergency calls, messages, and data to the appropriate public safety answering
point and other appropriate emergency entities;
(E)supports data or
video communications needs for coordinated incident response and management;
or
(F)provides broadband
service to public safety answering points or other first responder
entities.
(6)The
term Office means the 9–1–1 Implementation Coordination
Office.
(7)Public safety
answering pointThe term public safety answering
point has the meaning given the term in section 222 of the
Communications Act of 1934 (47 U.S.C. 222).
(8)The
term State means any State of the United States, the District of
Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands,
the Northern Mariana Islands, and any other territory or possession of the
United
States.
.
6.Requirements for
multi-line telephone systems
(a)Not later than 270 days after the date of enactment of
this Act, the Administrator of General Services, in conjunction with the
Office, shall issue a report to Congress identifying the 9–1–1 capabilities of
the multi-line telephone system in use by all Federal agencies in all Federal
buildings and properties.
(b)
(1)Not later than 90 days after the date of enactment of
this Act, the Commission shall issue a public notice seeking comment on the
feasibility of requiring MLTS manufacturers to include within all such systems
manufactured or sold after a date certain, to be determined by the Commission,
one or more mechanisms to provide a sufficiently precise indication of a 9–1–1
caller's location, while avoiding the imposition of undue burdens on MLTS
manufacturers, providers, and operators.
(2)The public notice under paragraph (1) shall seek
comment on the National Emergency Number Association's Technical
Requirements Document On Model Legislation E9–1–1 for Multi-Line Telephone
Systems
(NENA 06–750, Version 2).
7.GAO study of
State and local use of 9–1–1 service charges
(a)Not later than 60 days after the date of enactment of
this Act, the Comptroller General of the United States shall initiate a study
of—
(1)the imposition of
taxes, fees, or other charges imposed by States or political subdivisions of
States that are designated or presented as dedicated to improve emergency
communications services, including 9–1–1 services or enhanced 9–1–1 services,
or related to emergency communications services operations or improvements;
and
(2)the use of
revenues derived from such taxes, fees, or charges.
(b)Not
later than 18 months after initiating the study required by subsection (a), the
Comptroller General shall prepare and submit a report on the results of the
study to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of Representatives
setting forth the findings, conclusions, and recommendations, if any, of the
study, including—
(1)the identity of
each State or political subdivision that imposes such taxes, fees, or other
charges; and
(2)the amount of
revenues obligated or expended by that State or political subdivision for any
purpose other than the purposes for which such taxes, fees, or charges were
designated or presented.
8.Parity of
protection for provision or use of next generation 9–1–1 service
(a)A
provider or user of Next Generation 9–1–1 services, a public safety answering
point, and the officers, directors, employees, vendors, agents, and authorizing
government entity (if any) of such provider, user, or public safety answering
point, shall have immunity and protection from liability under Federal and
State law to the extent provided in subsection (b) with respect to—
(1)the release of
subscriber information related to emergency calls or emergency services;
(2)the use or
provision of 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1
services; and
(3)other matters
related to 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1
services.
(b)Scope of
immunity and protection from liabilityThe scope and extent of
the immunity and protection from liability afforded under subsection (a) shall
be the same as that provided under section 4 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615a) to wireless carriers, public safety
answering points, and users of wireless 9–1–1 service (as defined in paragraphs
(4), (3), and (6), respectively, of section 6 of that Act (47 U.S.C. 615b))
with respect to such release, use, and other matters.
9.Commission
proceeding on autodialing
(a)Not later than 90 days after the date of enactment of
this Act, the Commission shall initiate a proceeding to create a specialized
Do-Not-Call registry for public safety answering points.
(b)The Commission shall issue regulations, after providing
the public with notice and an opportunity to comment, that—
(1)permit verified
public safety answering point administrators or managers to register the
telephone numbers of all 9–1–1 trunks and other lines used for the provision of
emergency services to the public or for communications between public safety
agencies;
(2)provide a process
for verifying, no less frequently than once every 7 years, that registered
numbers should continue to appear upon the registry;
(3)provide a process
for granting and tracking access to the registry by the operators of automatic
dialing equipment;
(4)protect the list
of registered numbers from disclosure or dissemination by parties granted
access to the registry; and
(5)prohibit the use
of automatic dialing or robocall
equipment to establish contact
with registered numbers.
(c)The
Commission shall—
(1)establish monetary
penalties for violations of the protective regulations established pursuant to
subsection (b)(4) of not less than $100,000 per incident nor more than
$1,000,000 per incident;
(2)establish monetary
penalties for violations of the prohibition on automatically dialing registered
numbers established pursuant to subsection (b)(5) of not less than $10,000 per
call nor more than $100,000 per call; and
(3)provide for the
imposition of fines under paragraphs (1) or (2) that vary depending upon
whether the conduct leading to the violation was negligent, grossly negligent,
reckless, or willful, and depending on whether the violation was a first or
subsequent offence.
10.NHTSA report on
costs for requirements and specifications of Next Generation 9–1–1
services
(a)Not later than 1 year after the date of enactment of this
Act, the Administrator of the National Highway Traffic Safety Administration,
in consultation with the Commission, the Secretary of Homeland Security, and
the Office, shall prepare and submit a report to Congress that analyzes and
determines detailed costs for specific Next Generation 9–1–1 service
requirements and specifications.
(b)The purpose of the report required under subsection (a) is
to serve as a resource for Congress as it considers creating a coordinated,
long-term funding mechanism for the deployment and operation, accessibility,
application development, equipment procurement, and training of personnel for
Next Generation 9–1–1 services.
(c)The report required under subsection (a) shall include
the following:
(1)How costs would be
broken out geographically and/or allocated among public safety answering
points, broadband service providers, and third-party providers of Next
Generation 9–1–1 services.
(2)An assessment of
the current state of Next Generation 9–1–1 service readiness among public
safety answering points.
(3)How differences in
public safety answering points’ access to broadband across the country may
affect costs.
(4)A
technical analysis and cost study of different delivery platforms, such as
wireline, wireless, and satellite.
(5)An assessment of
the architectural characteristics, feasibility, and limitations of Next
Generation 9–1–1 service delivery.
(6)An analysis of the
needs for Next Generation 9–1–1 service of persons with disabilities.
(7)Standards and
protocols for Next Generation 9–1–1 service and for incorporating Voice over
Internet Protocol and Real-Time Text
standards.
11.FCC
recommendations for legal and statutory framework for Next Generation 9–1–1
servicesNot later than 1 year
after the date of enactment of this Act, the Commission, in coordination with
the Secretary of Homeland Security, the Administrator of the National Highway
Traffic Safety Administration, and the Office, shall prepare and submit a
report to Congress that contains recommendations for the legal and statutory
framework for Next Generation 9–1–1 services, consistent with recommendations
in the National Broadband Plan developed by the Commission pursuant to the
American Recovery and Reinvestment Act of 2009, including the following:
(1)A
legal and regulatory framework for the development of Next Generation 9–1–1
services and the transition from legacy 9–1–1 to Next Generation 9–1–1
networks.
(2)Legal mechanisms
to ensure efficient and accurate transmission of 9–1–1 caller information to
emergency response agencies.
(3)Recommendations
for removing jurisdictional barriers and inconsistent legacy regulations
including—
(A)proposals that
would require States to remove regulatory roadblocks to Next Generation 9–1–1
services development, while recognizing existing State authority over 9–1–1
services;
(B)eliminating
outdated 9–1–1 regulations at the Federal level; and
(C)preempting
inconsistent State regulations.