[Congressional Record Volume 151, Number 66 (Wednesday, May 18, 2005)]
[Senate]
[Pages S5437-S5440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida (for himself, Mr. Burns, and Mrs. 
        Clinton):
  S. 1063. A bill to promote and enhance public safety and to encourage 
the rapid deployment of IP-enabled voice services; to the Committee on 
Commerce, Science, and Transportation.
  Mr. NELSON of Florida. Mr. President, I rise today with my 
colleagues,

[[Page S5440]]

Senators Burns and Clinton, to introduce the ``IP-Enabled Voice 
Communications and Public Safety Act of 2005'' and ask unanimous 
consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1063

       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 ``IP-Enabled Voice 
     Communications and Public Safety Act of 2005''.

     SEC. 2. EMERGENCY SERVICE.

       (a) 911 and E-911 Services.--Notwithstanding section 2(b) 
     or any other provision of the Communications Act of 1934, the 
     Commission shall prescribe regulations to establish a set of 
     requirements or obligations on providers of IP-enabled voice 
     service to ensure that 911 and E-911 services are available 
     to customers to IP-enabled voice service. Such regulations 
     shall include an appropriate transition period by which to 
     comply with such requirements or obligations and take into 
     consideration available industry technological and 
     operational standards, including network security.
       (b) Non-discriminatory Access to Capabilities.--Each entity 
     with ownership or control of the necessary emergency services 
     infrastructure shall provide any requesting IP-enabled voice 
     service provider with nondiscriminatory access to their 
     equipment, network, databases, interfaces and any other 
     related capabilities necessary for the delivery and 
     completion of 911 and E911 calls and information related to 
     such 911 or E911 calls. Such access shall be consistent with 
     industry standards established by the National Emergency 
     Number Association or other applicable industry standards 
     organizations. Such entity shall provide access to the 
     infrastructure at just and reasonable, nondiscriminatory 
     rates, terms and conditions. The telecommunications carrier 
     or other entity shall provide such access to the 
     infrastructure on a stand-alone basis.
       (c) State Authority.--Nothing in this Act, the 
     Communications Act of 1934, or any Commission regulation or 
     order shall prevent the imposition on or collection from a 
     provider of voice services, including IP-enabled voice 
     services, of any fee or charge specifically designated or 
     presented as dedicated by a State, political subdivision 
     thereof, or Indian tribe on an equitable, and non-
     discriminatory basis for the support of 911 and E-911 
     services if no portion of the revenue derived from such fee 
     or charge is obligated or expended for any purpose other than 
     support of 911 and E-911 services or enhancements of such 
     services.
       (d) Standard.--The Commission may establish regulations 
     imposing requirements or obligations on providers of voice 
     services, entities with ownership or control of emergency 
     services infrastructure under subsections (a) and (b) only to 
     the extent that the Commission determines such regulations 
     are technologically and operationally feasible.
       (e) Customer Notice.--Prior to the compliance with the 
     rules as required by subsection (a), a provider of an IP-
     enabled voice service that is not capable of providing 911 
     and E-911 services shall provide a clear and conspicuous 
     notice of the unavailability of such services to each 
     customer at the time of entering into a contract for such 
     service with that customer.
       (f) Voice Service Provider Responsibility.--An IP-enabled 
     voice service provider shall have the sole responsibility for 
     the proper design, operation, and function of the 911 and 
     E911 access capabilities offered to the provider's customers.
       (g) Parity of Protection for Provision or Use of IP-enabled 
     Voice Service.--
       (1) Provider parity.--If a provider of an IP-enabled voice 
     service offers 911 or E-911 services in compliance with the 
     rules required by subsection (a), that provider, its 
     officers, directors, employees, vendors, and agents, shall 
     have immunity or other protection from liability of a scope 
     and extent that is not less than the scope and extent of 
     immunity or other protection from liability that any local 
     exchange company, and its officers directors, employees, 
     vendors, or agents, have under the applicable Federal and 
     State law (whether through statute, judicial decision, 
     tariffs filed by such local exchange company, or otherwise), 
     including in connection with an act or omission involving the 
     release of subscriber information related to the emergency 
     calls or emergency services to a public safety answering 
     point, emergency medical service provider, or emergency 
     dispatch provider, public safety, fire service, or law 
     enforcement official, or hospital emergency or trauma care 
     facility.
       (2) User parity.--A person using an IP-enabled voice 
     service that offers 911 or E-911 services pursuant to this 
     subsection shall have immunity or other protection from 
     liability of a scope and extent that is not less than the 
     scope and extent of immunity or other protection from 
     liability under applicable law in similar circumstances of a 
     person using 911 or E-911 service that is not provided 
     through an IP-enabled voice service.
       (3) PSAP parity.--In matters related to IP-enabled 911 and 
     E-911 communications, a PSAP, and its employees, vendors, 
     agents, and authorizing government entity (if any) shall have 
     immunity or other protection from liability of a scope and 
     extent that is not less than the scope and extent of immunity 
     or other protection from liability under applicable law 
     accorded to such PSAP, employees, vendors, agents, and 
     authorizing government entity, respective, in matters related 
     to 911 or E-911 communications that are not provided via an 
     IP-enabled voice service.
       (h) Delegation Permitted.--The Commission may, in the 
     regulations prescribed under this section, provide for the 
     delegation to State commissions of authority to implement and 
     enforce the requirements of this section and the regulations 
     thereunder.

     SEC. 3. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

       Section 158 of the National Telecommunications and 
     Information Administration Organization Act (as added by 
     section 104 of the ENHANCE 911 Act of 2004) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Migration Plan Required.--
       ``(1) National plan required.--No more than 18 months after 
     the date of the enactment of the ENHANCE 911 Act of 2004, 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.
       ``(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; and
       ``(E) provide recommendations on any legislative changes, 
     including updating definitions, to facilitate a national IP-
     enabled emergency network.
       ``(3) Consultation.--In developing the plan required by 
     paragraph (1), the Office shall consult with representatives 
     of the public safety community, technology and 
     telecommunications providers, and others it deems 
     appropriate.''.

     SEC. 4. DEFINITIONS.

       (a) In General.--For purposes of this Act:
       (1) 911 and e-911 services.--
       (A) 911.--The term ``911'' means a service that allows a 
     user, by dialing the three-digit code 911, to call a public 
     safety answering point operated by a State, local government, 
     Indian tribe, or authorized entity.
       (B) E-911.--The term ``E-911 service'' means a 911 service 
     that automatically delivers the 911 call to the appropriate 
     public safety answering point, and provides automatic 
     identification data, including the originating number of an 
     emergency call, the physical location of the caller, and the 
     capability for the public safety answering point to call the 
     user back if the call is disconnected.
       (2) Ip-enabled voice service.--The term ``IP-enabled voice 
     service'' means an IP-enabled service used for real-time 2-
     way or multidirectional voice communications offered to a 
     customer that--
       (A) uses North American Numbering Plan administered 
     telephone numbers, or successor protocol; and
       (B) has two-way interconnection or otherwise exchange 
     traffic with the public switched telephone network.
       (3) Customer.--The term ``customer'' includes a consumer of 
     goods or services whether for a fee, in exchange for an 
     explicit benefit, or provided for free.
       (4) Ip-enabled service.--The term ``IP-enabled service'' 
     means the use of software, hardware, or network equipment 
     that enable an end user to send or receive a communication 
     over the public Internet or a private network utilizing 
     Internet protocol, or any successor protocol, in whole or 
     part, to connect users--
       (A) regardless of whether the communication is voice, data, 
     video, or other form; and
       (B) notwithstanding --
       (i) the underlying transmission technology used to transmit 
     the communications;
       (ii) whether the packetizing and depacketizing of the 
     communications occurs at the customer premise or network 
     level; or
       (iii) the software, hardware, or network equipment used to 
     connect users.
       (5) Public switched telephone network.--The term ``public 
     switched telephone network'' means any switched common 
     carrier service that is interconnected with the traditional 
     local exchange or interexchange switched network.
       (6) PSAP.--The term ``public safety answering point'' or 
     ``PSAP'' means a facility that has been designated to receive 
     911 calls.
       (b) Common Terminology.--Except as otherwise provided in 
     subsection (a), terms used in this Act have the meanings 
     provided under section 3 of the Communications Act of 1934.
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