[Congressional Record Volume 154, Number 99 (Monday, June 16, 2008)]
[Senate]
[Pages S5663-S5665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4982. Mr. WHITEHOUSE (for Mr. Inouye (for himself, Mr. Stevens, 
Mr. Nelson of Florida, and Ms. Snowe)) proposed an amendment to the 
bill H.R. 3403, 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; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``New and Emerging 
     Technologies 911 Improvement Act of 2008'' or the ``NET 911 
     Improvement Act of 2008''.

      TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS

     SEC. 101. DUTY TO PROVIDE 911 AND ENHANCED 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 9-1-1 AND ENHANCED 9-1-1 SERVICE.

       ``(a) Duties.--It shall be the duty of each IP-enabled 
     voice service provider to provide 9-1-1 service and enhanced 
     9-1-1 service to its subscribers in accordance with the 
     requirements of the Federal Communications Commission, as in 
     effect on the date of enactment of the New and Emerging 
     Technologies 911 Improvement Act of 2008 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 to 
     provide 9-1-1 and enhanced 9-1-1 service 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 a 
     right of access to such capabilities, including 
     interconnection, to provide 9-1-1 and enhanced 9-1-1 service 
     on the same rates, terms, and conditions that are provided 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 New 
     and Emerging Technologies 911 Improvement Act of 2008, 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;
       ``(2) 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 and enhanced 9-1-1 
     service and access; and
       ``(3) may modify such regulations 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) and to 
     exercise its rights under subsection (b).
       ``(d) Delegation of Enforcement to State Commissions.--The 
     Commission may delegate authority to enforce the regulations

[[Page S5664]]

     issued under subsection (c) to State commissions or other 
     State or local agencies or programs with jurisdiction over 
     emergency communications. Nothing in this section is intended 
     to alter the authority of State commissions or other State or 
     local 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 technological 
     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 New and Emerging 
     Technologies 911 Improvement Act of 2008, 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, Indian tribe, or 
     village or regional corporation serving a region established 
     pursuant to the Alaska Native Claims Settlement Act, as 
     amended (85 Stat. 688) for the support or implementation of 
     9-1-1 or enhanced 9-1-1 services, provided that the fee or 
     charge is obligated or expended only in support of 9-1-1 and 
     enhanced 9-1-1 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 a fee or charge for the support or 
     implementation of 9-1-1 or enhanced 9-1-1 services, the 
     Commission shall submit a report within 1 year after the date 
     of enactment of the New and Emerging Technologies 911 
     Improvement Act of 2008, 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 such fees or charges, 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 such fees or 
     charges are specified.
       ``(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 9-1-1 and enhanced 9-1-1 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) Development of standards.--The Commission shall work 
     cooperatively with public safety organizations, industry 
     participants, and the E-911 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 and enhanced 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.
       ``(i) Rule of Construction.--Nothing in the New and 
     Emerging Technologies 911 Improvement Act of 2008 shall be 
     construed as altering, delaying, or otherwise limiting the 
     ability of the Commission to enforce the Federal actions 
     taken or rules adopted obligating an IP-enabled voice service 
     provider to provide 9-1-1 or enhanced 9-1-1 service as of the 
     date of enactment of the New and Emerging Technologies 911 
     Improvement Act of 2008.''; 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 enactment of the New and Emerging Technologies 
     911 Improvement Act of 2008, 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, that are necessary to 
     facilitate a national IP-enabled emergency network;
       ``(H) 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 
     New and Emerging Technologies 911 Improvement Act of 2008;
       ``(I) identify solutions for providing 9-1-1 and enhanced 
     9-1-1 access to those with disabilities and needed steps to 
     implement such solutions, including a recommended timeline; 
     and
       ``(J) analyze efforts to provide automatic location for 
     enhanced 9-1-1 services and provide recommendations on 
     regulatory or legislative changes that are necessary to 
     achieve automatic location for enhanced 9-1-1 services.
       ``(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.''.

                     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:
       ``(8) 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 9-1-1 and 
     enhanced 9-1-1 service.
       ``(9) 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

[[Page S5665]]

     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 
     9-1-1 service governing authority to provide other emergency 
     communications services.
       ``(10) Enhanced 9-1-1 service.--The term `enhanced 9-1-1 
     service' means the delivery of 9-1-1 calls with automatic 
     number identification and automatic location identification, 
     or successor or equivalent information features over the 
     wireline E911 network (as defined in section 9.3 of the 
     Federal Communications Commission's regulations (47 C.F.R. 
     9.3) as of the date of enactment of the New and Emerging 
     Technologies 911 Improvement Act of 2008) and equivalent or 
     successor networks and technologies. The term also includes 
     any enhanced 9-1-1 service so designated by the Commission in 
     its Report and Order in WC Docket Nos. 04-36 and 05-196, or 
     any successor proceeding.''.

 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), 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''.

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