Congressional Record, Volume 154 Issue 31 (Tuesday, February 26, 2008)

[Congressional Record Volume 154, Number 31 (Tuesday, February 26, 2008)]
[Senate]
[Pages S1205-S1208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY ACT OF 2007

Mr. NELSON of Florida. Mr. President, I have a unanimous consent
request that has been cleared on both sides. I ask unanimous consent
that the Senate proceed to the immediate consideration of Calendar No.
327, S. 428.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (S. 428) to amend the Wireless Communications and
Public Safety Act of 1999, and for other purposes.

There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:

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.

[[Page S1206]]

``(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).

Mr. STEVENS. Mr. President, I congratulate the Senator from Florida
for this bill as modified. I think it is a step in the right direction.
I am pleased to support the bill.
Mr. NELSON of Florida. Mr. President, I thank the distinguished
Senator from Alaska because he has been very much a part of this
effort, along with Senator Inouye.
As a result of several things they did, I now ask unanimous consent
that the amendment at the desk be considered and agreed to, the
committee-reported substitute, as amended, be agreed to, the bill, as
amended, be read a third time, passed, and the motion to reconsider be
laid upon the table; and that any statements relating to the bill be
printed in the Record, without intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4086) was agreed to, as follows:

(Purpose: To clarify the FCC's authority to require 9-1-1 service, and
for other purposes)

On page 11, strike lines 1 through 7 and insert the
following:
``(e) FCC Authority To Require 9-1-1 Service.--The
Commission may require any provider of a voice service that
is a substitute for telephone exchange service (as defined in
section 3(47) of the Communications Act of 1934 (47 U.S.C.
153(47))) to provide 9-1-1 service, including enhanced 9-1-1
service, to its subscribers. Nothing in this subsection shall
limit or otherwise affect the authority of the Commission
under the Communications Act of 1934 (47 U.S.C. 151 et
seq.).''.
On page 11, beginning in line 12, strike ``that term'' and
insert ``the term `Interconnected VoIP Service' ''.
On page 11, beginning in line 14, strike ``(47 C.F.R. 9.3),
as those regulations may be amended by the Commission from
time to time.'' and insert ``(47 C.F.R. 9.3).''.
On page 18, strike lines 8 through 17 and insert the
following:
(b) Availability of PSAP Information.--The Federal
Communications Commission may compile a list of public safety
answering point contact information, as well as contact
information for 9-1-1 component providers, for the purpose of
assisting IP-enabled voice service providers and others in
complying with this Act and section 158(d) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 942(d)) as amended by subsection
(a), and may make any portion of such information available
to the public if such availability would improve public
safety.
On page 19, line 13, insert ``Federal Communications''
after ``The''
On page 20, after line 9, insert the following:
Sec. 7. Section 2301 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (47 U.S.C. 901 note) is
amended by striking ``the `Improving Emergency Communications
Act of 2007'.'' and inserting ``the `911 Modernization
Act'.''.
The committee amendment, in the nature of a substitute, as amended,
was agreed to.
The bill (S. 428), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:

S. 428

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 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.

[[Page S1207]]

9-1-1 service, including enhanced 9-1-1 service, to its
subscribers. Nothing in this subsection shall limit or
otherwise affect the authority of the Commission under the
Communications Act of 1934 (47 U.S.C. 151 et seq.).''.
(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 the term `Interconnected VoIP
Service' by section 9.3 of the Commission's regulations (47
C.F.R. 9.3).
``(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.

SEC. 4. STATE AUTHORITY OF FEES.

SEC. 5. FEE ACCOUNTABILITY.

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, as well as contact
information for 9-1-1 component providers, for the purpose of
assisting IP-enabled voice service providers and others in
complying with this Act and section 158(d) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 942(d)) as amended by subsection
(a), 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 Federal Communications 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.

[[Page S1208]]

(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).

SEC. 9. 9/11 COMMISSION ACT OF 2007.

Section 2301 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (47 U.S.C. 901 note) is amended by
striking ``the `Improving Emergency Communications Act of
2007'.'' and inserting ``the `911 Modernization Act'.''.
Mr. NELSON of Florida. Mr. President, I thank the Senate. This has
been 2 years coming because 2 years ago, a young mother in Deltona, FL,
which is north of Orlando in Volusia County, watched her baby die as
she tried in vain to reach emergency 911. She had a telephone that she
did not realize, because it was voice over the Internet, there was no
provision for emergency 911 services.
Following that tragedy of the death of that child, where a 911
emergency response team never arrived because they did not receive the
call, we introduced this bipartisan legislation that requires all VOIP
providers to offer the emergency 911 service, and this legislation
gives them the tools they need in order to do that.
We have been working on this legislation a long time. It passed the
Commerce Committee unanimously in 2005. It was also added to a Senate
port security bill in 2006, and then the conference committee stripped
it out.
Since the bill was first introduced, to the credit of the Federal
Communications Commission, they took some action to require that VOIP
customers have full access to the emergency 911. We appreciate that
very much. But there are holes in those regulations. Those holes need
to be filled, and this legislation we passed tonight--and is very
similar to a House bill that passed a couple of months ago--will fill
those legislative holes.
This legislation will resolve any remaining questions regarding the
Federal Communications Commission jurisdiction over VOIP services by
requiring full access to 911 service by the VOIP customers.
This bill also resolves any issues relating to the potential
liability of the VOIP providers that offer access to 911 services. The
legislation also requires the national E-911 Implementation
Coordination Office to work with industry to oversee the next
generation of emergency 911 network.
This network is going to be resilient and redundant. It is going to
allow 911 calls to automatically be routed to a functional 911 call
center in the event of a disaster. Think about what happened down in
New Orleans during Katrina. We had a certain way these 911 calls had to
go to get to the emergency call center. Some of those lines were out of
service, and so those calls never got there.
This new system is going to send these little packets of information
in any route it can to get to that call center. It is going to be
redundant, it is going to be resilient so we will not have a repeat of
people desperately down in New Orleans making 911 calls and not getting
a response.
This is a chart that pretty well depicts that every day thousands of
Americans rely on these call centers so they can reach responders, and
every day we have to wait to upgrade the network and those lives are at
risk.
We have gone all the way from just the rotary service telephones to
the future, where we have something like these iPhones we have today
that have so many different services on them. We need a system that can
get this emergency service through these new kinds of mechanisms. That
is what we are going to do.
Going back to this terrible tragedy that happened a couple years ago
in my State, this is just one newspaper headline that said trying to
get that 911 call, it couldn't go because there was not a provision in
VOIP.
Lives have been lost. Lives were at risk. They are still at risk
until we can get this legislation signed into law. I am extremely
grateful to the Senate for having passed this legislation tonight.

____________________