[Congressional Record Volume 154, Number 104 (Monday, June 23, 2008)]
[House]
[Pages H5826-H5828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NEW AND EMERGING TECHNOLOGIES 911 IMPROVEMENT ACT OF 2008
Mr. GORDON of Tennessee. Madam Speaker, I ask unanimous consent to
take from the Speaker's table 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, with a Senate amendment thereto, and ask
for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will report the Senate amendment.
The Clerk read as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
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
[[Page H5827]]
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
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,
[[Page H5828]]
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 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''.
Mr. GORDON of Tennessee (during the reading). Madam Speaker, I ask
unanimous consent to dispense with the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
General Leave
Mr. GORDON of Tennessee. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and to insert extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Motion Offered by Mr. Gordon of Tennessee
Mr. GORDON of Tennessee. Madam Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. Gordon of Tennessee moves that the House concur in the
Senate amendment to H.R. 3403.
Mr. DINGELL. Madam Speaker, I rise in support of H.R. 3403, the ``New
and Emerging Technologies 911 Improvement Act of 2008''.
This legislation ensures that consumers using Voice over Internet
Protocol technology, or VoIP, can make full use of the 911 system in
two important ways. First, the legislation extends the same liability
protections afforded to wireline and wireless carriers, public safety,
and end users to VoIP service. This parity in liability protections
will encourage service providers, public safety, and end users to
continue to rely on the 911 emergency communications system, regardless
of the technology used to make a 911 call. Second, the legislation
ensures that VolP providers can interconnect with legacy telephone
networks so they can deliver calls and information to 911 call centers.
Representative Gordon, the author of H.R. 3403, Representative
Markey, Chairman of the Subcommittee on Telecommunications and the
Internet, Representative Barton, Ranking Member of the Committee,
Representatives Upton and Stearns, the former and current Ranking
Members of the Subcommittee, and I worked very closely with all
stakeholders on this legislation, and it has widespread support among
the public safety community, industry, and others.
As is clear from the language of the legislation, the requirement for
interconnection is for purposes of 911 only and should not be used to
bootstrap access for other reasons. Similarly, the legislation makes
clear that those who control the legacy gateways to the emergency
communications system must provide access, including rights of
interconnection, to those seeking to deliver 911 calls and information.
Because all stakeholders agreed to the legislative language, we fully
expect that this access will not be inhibited by either delay or
litigation.
H.R. 3403 also requires the development of a national plan to ensure
that the 911 system continues to evolve. It is significant that the
plan will include the participation of first responders, including the
emergency communications professionals maintaining and using the
system. It is also important that the plan will address the needs of
the disabilities community when they use emergency communications. I
look forward to reviewing the results of this work so we can begin to
move to the next generation of emergency communications.
I am disappointed that the Senate stripped out one provision of the
House-passed version of this legislation that protected proprietary
customer information. This provision prohibited a carrier from using
the customer information that other carriers are required to provide
for 911 databases for any purpose other than emergency communications.
I heard no rational argument against the policy underlying this
provision. Nevertheless, in the interest of ensuring that this
legislation be enacted swiftly, I will support the bill as passed by
the Senate. I intend, however, to take this matter up again in the
future. We owe it to consumers to ensure that their emergency
communications system does not become a playground for competitive
shenanigans.
H.R. 3403 is a forward-looking bill that ensures that consumers using
VolP service are able to access 911 as easily as consumers using
wireline or wireless services. Each of its elements--giving VoIP
providers access to the components they need to provide 911 service;
extending to VoIP providers, public safety officials, and end users the
liability protections currently afforded to wireline and wireless
services; and requiring a plan for the continued evolution of the
emergency communications system--is a worthy victory for all consumers.
I commend Representative Gordon for his years of dedication to this
important issue and hail this success, from which all Americans will
reap benefits for years to come.
The motion was agreed to.
A motion to reconsider was laid on the table.
____________________