[Congressional Record (Bound Edition), Volume 145 (1999), Part 17]
[House]
[Pages 24986-24992]
[From the U.S. Government Publishing Office, www.gpo.gov]



         WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999

  Mr. TAUZIN. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 800) to promote and enhance public safety through use 
of 9-1-1 as the universal emergency assistance number, further 
deployment of wireless 9-1-1 service, support of States in upgrading 9-
1-1 capabilities and related

[[Page 24987]]

functions, encouragement of construction and operation of seamless, 
ubiquitous, and reliable networks for personal wireless services, and 
for other purposes.
  The Clerk read as follows:

                                 S. 800

       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 ``Wireless Communications and 
     Public Safety Act of 1999''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) the establishment and maintenance of an end-to-end 
     communications infrastructure among members of the public, 
     emergency safety, fire service and law enforcement officials, 
     emergency dispatch providers, transportation officials, and 
     hospital emergency and trauma care facilities will reduce 
     response times for the delivery of emergency care, assist in 
     delivering appropriate care, and thereby prevent fatalities, 
     substantially reduce the severity and extent of injuries, 
     reduce time lost from work, and save thousands of lives and 
     billions of dollars in health care costs;
       (2) the rapid, efficient deployment of emergency 
     telecommunications service requires statewide coordination of 
     the efforts of local public safety, fire service and law 
     enforcement officials, emergency dispatch providers, and 
     transportation officials; the establishment of sources of 
     adequate funding for carrier and public safety, fire service 
     and law enforcement agency technology development and 
     deployment; the coordination and integration of emergency 
     communications with traffic control and management systems 
     and the designation of 9-1-1 as the number to call in 
     emergencies throughout the Nation;
       (3) emerging technologies can be a critical component of 
     the end-to-end communications infrastructure connecting the 
     public with emergency medical service providers and emergency 
     dispatch providers, public safety, fire service and law 
     enforcement officials, and hospital emergency and trauma care 
     facilities, to reduce emergency response times and provide 
     appropriate care;
       (4) improved public safety remains an important public 
     health objective of Federal, State, and local governments and 
     substantially facilitates interstate and foreign commerce;
       (5) emergency care systems, particularly in rural areas of 
     the Nation, will improve with the enabling of prompt 
     notification of emergency services when motor vehicle crashes 
     occur; and
       (6) the construction and operation of seamless, ubiquitous, 
     and reliable wireless telecommunications systems promote 
     public safety and provide immediate and critical 
     communications links among members of the public; emergency 
     medical service providers and emergency dispatch providers; 
     public safety, fire service and law enforcement officials; 
     transportation officials, and hospital emergency and trauma 
     care facilities.
       (b) Purpose.--The purpose of this Act is to encourage and 
     facilitate the prompt deployment throughout the United States 
     of a seamless, ubiquitous, and reliable end-to-end 
     infrastructure for communications, including wireless 
     communications, to meet the Nation's public safety and other 
     communications needs.

     SEC. 3. UNIVERSAL EMERGENCY TELEPHONE NUMBER.

       (a) Establishment of Universal Emergency Telephone 
     Number.--Section 251(e) of the Communications Act of 1934 (47 
     U.S.C. 251(e)) is amended by adding at the end the following 
     new paragraph:
       ``(3) Universal emergency telephone number.--The Commission 
     and any agency or entity to which the Commission has 
     delegated authority under this subsection shall designate 9-
     1-1 as the universal emergency telephone number within the 
     United States for reporting an emergency to appropriate 
     authorities and requesting assistance. The designation shall 
     apply to both wireline and wireless telephone service. In 
     making the designation, the Commission (and any such agency 
     or entity) shall provide appropriate transition periods for 
     areas in which 9-1-1 is not in use as an emergency telephone 
     number on the date of enactment of the Wireless 
     Communications and Public Safety Act of 1999.''.
       (b) Support.--The Federal Communications Commission shall 
     encourage and support efforts by States to deploy 
     comprehensive end-to-end emergency communications 
     infrastructure and programs, based on coordinated statewide 
     plans, including seamless, ubiquitous, reliable wireless 
     telecommunications networks and enhanced wireless 9-1-1 
     service. In encouraging and supporting that deployment, the 
     Commission shall consult and cooperate with State and local 
     officials responsible for emergency services and public 
     safety, the telecommunications industry (specifically 
     including the cellular and other wireless telecommunications 
     service providers), the motor vehicle manufacturing industry, 
     emergency medical service providers and emergency dispatch 
     providers, transportation officials, special just 9-1-1 
     districts, public safety, fire service and law enforcement 
     officials, consumer groups, and hospital emergency and trauma 
     care personnel (including emergency physicians, trauma 
     surgeons, and nurses). The Commission shall encourage each 
     State to develop and implement coordinated statewide 
     deployment plans, through an entity designated by the 
     governor, and to include representatives of the foregoing 
     organizations and entities in development and implementation 
     of such plans. Nothing in this subsection shall be construed 
     to authorize or require the Commission to impose obligations 
     or costs on any person.

     SEC. 4. PARITY OF PROTECTION FOR PROVISION OR USE OF WIRELESS 
                   SERVICE.

       (a) Provider Parity.--A wireless carrier, and its officers, 
     directors, employees, vendors, and agents, shall have 
     immunity or other protection from liability in a State 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 Federal and State law (whether 
     through statute, judicial decision, tariffs filed by such 
     local exchange company, or otherwise) applicable in such 
     State, including in connection with an act or omission 
     involving the release to a PSAP, emergency medical service 
     provider or emergency dispatch provider, public safety, fire 
     service or law enforcement official, or hospital emergency or 
     trauma care facility of subscriber information related to 
     emergency calls or emergency services.
       (b) User Parity.--A person using wireless 9-1-1 service 
     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 9-
     1-1 service that is not wireless.
       (c) PSAP Parity.--In matters related to wireless 9-1-1 
     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, respectively, in matters 
     related to just 9-1-1 communications that are not wireless.
       (d) Basis for Enactment.--This section is enacted as an 
     exercise of the enforcement power of the Congress under 
     section 5 of the Fourteenth Amendment to the Constitution and 
     the power of the Congress to regulate commerce with foreign 
     nations, among the several States, and with Indian tribes.

     SEC. 5. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.

       Section 222 of the Communications Act of 1934 (47 U.S.C. 
     222) is amended--
       (1) in subsection (d)--
       (A) by striking ``or'' at the end of paragraph (2);
       (B) by striking the period at the end of paragraph (3) and 
     inserting a semicolon and ``and''; and
       (C) by adding at the end the following:
       ``(4) to provide call location information concerning the 
     user of a commercial mobile service (as such term is defined 
     in section 332(d))--
       ``(A) 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, in order to 
     respond to the user's call for emergency services;
       ``(B) to inform the user's legal guardian or members of the 
     user's immediate family of the user's location in an 
     emergency situation that involves the risk of death or 
     serious physical harm; or
       ``(C) to providers of information or database management 
     services solely for purposes of assisting in the delivery of 
     emergency services in response to an emergency.''.
       (2) by redesignating subsection (f) as subsection (h) and 
     by inserting the following after subsection (e):
       ``(f) Authority To Use Wireless Location Information.--For 
     purposes of subsection (c)(1), without the express prior 
     authorization of the customer, a customer shall not be 
     considered to have approved the use or disclosure of or 
     access to--
       ``(1) call location information concerning the user of a 
     commercial mobile service (as such term is defined in section 
     332(d)), other than in accordance with subsection (d)(4); or
       ``(2) automatic crash notification information to any 
     person other than for use in the operation of an automatic 
     crash notification system.
       ``(g) Subscriber Listed and Unlisted Information for 
     Emergency Services.--Notwithstanding subsections (b), (c), 
     and (d), a telecommunications carrier that provides telephone 
     exchange service shall provide information described in 
     subsection (i)(3)(A) (including information pertaining to 
     subscribers whose information is unlisted or unpublished) 
     that is in its possession or control (including information 
     pertaining to subscribers of other carriers) on a timely and

[[Page 24988]]

     unbundled basis, under nondiscriminatory and reasonable 
     rates, terms, and conditions to providers of emergency 
     services, and providers of emergency support services, solely 
     for purposes of delivering or assisting in the delivery of 
     emergency services.'';
       (3) by inserting ``location,'' after ``destination,'' in 
     subsection (h)(1)(A) (as redesignated by paragraph (2)); and
       (4) by adding at the end of subsection (h) (as 
     redesignated), the following:
       ``(4) Public safety answering point.--The term `public 
     safety answering point' means a facility that has been 
     designated to receive emergency calls and route them to 
     emergency service personnel.
       ``(5) Emergency services.--The term `emergency services' 
     means 9-1-1 emergency services and emergency notification 
     services.
       ``(6) Emergency notification services.--The term `emergency 
     notification services' means services that notify the public 
     of an emergency.
       ``(7) Emergency support services.--The term `emergency 
     support services' means information or data base management 
     services used in support of emergency services.''.

     SEC. 6. DEFINITIONS.

       As used in this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (2) State.--The term ``State'' means any of the several 
     States, the District of Columbia, or any territory or 
     possession of the United States.
       (3) Public safety answering point; psap.--The term ``public 
     safety answering point'' or ``PSAP'' means a facility that 
     has been designated to receive 9-1-1 calls and route them to 
     emergency service personnel.
       (4) Wireless carrier.--The term ``wireless carrier'' means 
     a provider of commercial mobile services or any other radio 
     communications service that the Federal Communications 
     Commission requires to provide wireless 9-1-1 service.
       (5) Enhanced wireless 9-1-1 service.--The term ``enhanced 
     wireless 9-1-1 service'' means any enhanced 9-1-1 service so 
     designated by the Federal Communications Commission in the 
     proceeding entitled ``Revision of the Commission's Rules to 
     Ensure Compatibility with Enhanced 9-1-1 Emergency Calling 
     Systems'' (CC Docket No. 94-102; RM-8143), or any successor 
     proceeding.
       (6) Wireless 9-1-1 service.--The term ``wireless 9-1-1 
     service'' means any 9-1-1 service provided by a wireless 
     carrier, including enhanced wireless 9-1-1 service.
       (7) Emergency dispatch providers.--The term ``emergency 
     dispatch providers'' shall include governmental and 
     nongovernmental providers of emergency dispatch services.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Louisiana (Mr. Tauzin) and the gentleman from Massachusetts (Mr. 
Markey) each will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana (Mr. Tauzin).


                             General Leave

  Mr. TAUZIN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on this legislation, S. 800, and to insert extraneous material on the 
bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. TAUZIN. Mr. Speaker, I yield myself 5 minutes.
  Mr. Speaker, let me first compliment the gentleman from Massachusetts 
(Mr. Markey) for his usual excellent cooperation and the spirit by 
which we always bring our bills to the floor on telecommunication from 
the Committee on Commerce. I want to also thank the gentleman from 
Virginia (Mr. Bliley), our chairman, and the other members of the 
Subcommittee on Telecommunications, Trade and Consumer Protection for 
the excellent work they have done on this bill.
  But most importantly, Mr. Speaker, I want to thank my good friend and 
new father of his third son, Daniel Martin, the gentleman from Illinois 
(Mr. Shimkus), for not only sponsoring this important piece of 
legislation, but for leading the charge to make it that which we know 
it will be soon, the law of the land. Congratulations on the birth of a 
new son, and we wish the gentleman from Illinois and his wife the best, 
and this is a good day for him as we hopefully pass this legislation on 
to the President of the United States for signature.
  Mr. Speaker, 1998 was a landmark year in the history of this country. 
In 1998, more Americans bought cordless phones than wire phones, and 
for the first time in the history of this technology people were 
wireless. In fact, some 80 million Americans now carry wireless 
telephones or pagers. Studies show that most of those American 
subscribers of these wireless phones purchase them for safety reasons.
  People count on those phones to be their lifeline in emergencies, a 
parent, for example, driving down an interstate highway with babies in 
the back seat draws comfort from knowing that if the car is involved in 
a crash, he or she can call 9-1-1 for help, and an ambulance will soon 
be there. An older American driving alone on a long trip feels safer 
knowing that if an accident occurs or symptoms strike, they can call 9-
1-1 and the State police will soon be on the way.
  But there is a problem with that expectation. In many parts of the 
country when a frantic parent or a suddenly disabled elder punches 9-1-
1 on the wireless phone, nothing happens; and in many regions, in fact, 
9-1-1 is not the emergency number. The ambulance and the police do not 
come, and someone may be facing a terrible life-threatening emergency, 
but they are on their own because they do not know the local number to 
call. S. 800 will fix that problem by making 9-1-1 the universal number 
to call in an emergency any time anywhere in the country.
  The rule in America ought to be simple. If one is on a highway, a 
byway, bike path or a duck blind in Louisiana where someone calls 9-1-
1, they ought to get help. S. 800 will provide that help, and that is 
why I am glad to be here to take final action on it. Passing the bill 
is a recognition as the telecommunications industry changes that laws 
must also change to govern their operations.
  Let me provide a little background on the bill.
  The bill started 3 years ago as a much broader effort. Since then, we 
have listened closely, pared the bill back. This year my friend, the 
gentleman from Illinois (Mr. Shimkus), reintroduced the bill; and it 
passed overwhelmingly in the House. The other body took our product, 
made a couple of changes to reflect new information, and essentially 
the Senate version is nearly identical to Mr. Shimkus' bill, and 
today's action will send that bill on to the President.
  It establishes parity between the wireless and wire line 
communications industries. It provides, in fact, a situation where 
wireless phones not only will be that safety link but will be 
eventually locatable; that is, when one makes a wireless call, they 
will be able to be found and cars will be able to become smarter, and 
in fact when accidents happen not only will they be helped, but the 
search will be taken out of the search and rescue. Rescue will be 
available more quickly.
  The Senate replaced a provision in the bill for straight parity 
provisions in liability that we considered essentially okay, and we 
concur in those changes. The protections are necessary to help ensure 
that the wireless technology develops and matures to provide greater 
services. It also provides, as I said, 9-1-1 service to receive the 
same protection from liability under State and federal laws as users of 
wire line 9-1-1 services. This good samaritan principle should apply 
also on a State by State basis. S. 800 again improves wireless users' 
privacy by limiting the disclosure of location information to specific 
instances. Locatability, yes; privacy, still protected.
  This is good, sound public policy. It will enhance security and 
safety for consumers.
  I want to thank the other body for the great work they did on the 
bill. I particularly want to thank the members of the Committee on 
Commerce, but especially my good friend, the gentleman from Illinois 
(Mr. Shimkus) for his excellent work on this piece of legislation. This 
is a good one that all Members should support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MARKEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to begin by commending my good friend, the 
gentleman from Louisiana (Mr. Tauzin) for his excellent work on this 
legislation and to praise the gentleman from Illinois (Mr. Shimkus) for 
his work and to congratulate him on the addition to his family.

[[Page 24989]]

  It has been a wonderful day, if we can get all of those things done, 
plus have the Red Sox beat Cleveland and head on to beat the Yankees 
and take the curse of the Bambino off of our shoulders. It would be 
excellent, as well, if we can follow on and beat the Mets and get rid 
of the Bill Buckner curse as part of this week as well, but it is 
developing as one of the best weeks I think that this Congress is going 
to have, at least from this Member's perspective.
  I would also like to compliment the gentleman from Virginia (Mr. 
Bliley) and thank both of my colleagues for working closely with the 
gentleman from Michigan (Mr. Dingell) and myself and the other 
Democratic colleagues on our side of the aisle; as my colleagues know, 
the gentlewoman from Missouri (Ms. Danner) has been very much 
identified with this legislation right from the beginning.
  Mr. Speaker, the bill before us, S. 800, is the Senate version of 
legislation that picks up on an effort that the gentleman from 
Louisiana (Mr. Tauzin) spearheaded last year to enhance the emergency 
9-1-1 infrastructure of this country for wireless communications. It is 
the Senate version of House Bill 438 which was approved by the House 
overwhelmingly earlier this year.
  This is a very timely endeavor given the explosive growth of wireless 
communications in our country. Mr. Speaker, as more and more Americans 
use wireless phones, wireless services become less and less perceived 
as an ancillary, discretionary service. With over 70 million 
subscribers and with some carriers dropping prices as much as 30 
percent in the last year alone, wireless technology is a great success 
story, and there is no question that every day more consumers will 
increasingly be relying on wireless technology for both business and 
safety.
  A natural result of the proliferation of these wireless phones is 
that many consumers will use them to call for help and assistance in 
time of emergency. Indeed many wireless carriers actively promote their 
services to consumers as safety devices, and this re-emphasizes the 
need to make that promise a reality for wireless communications.
  Both the House and Senate version of this bill seek to enhance public 
safety by making 9-1-1 the national public safety designated number. 
This is important because in many jurisdictions the emergency number 
wireless consumers must call is something other than 9-1-1.

                              {time}  1800

  The gentleman from Louisiana has already pointed that out. That is 
confusing as people cross State boundaries, and unless it is changed, 
could cost lives. Simply put, establishing 911 as the national 
emergency number for wireless calls is something that we believe will 
save lives.
  Secondly, the Senate bill also includes a provision that I added as 
an amendment to last year's wireless 911 legislation in the House 
conference committee to protect personal privacy. This is, again, 
something that I have had an enormous concern about in every aspect of 
telecommunications. How will these communications technologies impinge 
upon the privacy of every American?
  I have tried working with the majority to include a privacy provision 
in every telecommunications bill that has passed through the House over 
the last 5 years. This new ever-more sophisticated location technology 
permits wireless carriers a greater ability to physically pinpoint the 
geographic location of the caller. This is vital technology for 
locating people who may be in distress or in an accident, in situations 
where emergency personnel must quickly locate victims, treat injuries, 
and get them to respond, so that they can get to a hospital. Yet, the 
same technology that can save lives also poses privacy issues that must 
be dealt with simultaneously.
  There is no question that information-rich location systems that do 
wonders to help save lives on our Nation's roadways also pose 
significant risks for compromising personal privacy. This is because 
the technology also avails wireless companies of the ability to locate 
and track individual's movements throughout society, where you go for 
your lunch break; where you drive on the weekends; the places you visit 
during the course of a week is your business. It is your private 
business, not information that wireless companies ought to collect, 
monitor, disclose, or use without one's approval.
  The privacy amendment that I successfully offered last year and which 
was contained in H.R. 438 this year, as introduced, and is identical to 
the provisions subsequently adopted in the Senate is in the bill. It 
stipulates that location information will not be used by wireless 
carriers, except for 911 emergency purposes, or with the approval of 
consumers for any other services.
  This is an opt-in for consumer privacy. The company has to get one's 
permission to use this information. They just cannot say well, they did 
not say we could not use it, so we are going to let everybody in town 
buy where you go, where you stop, the places you have been. This is 
opt-in, and that is the way it should be. They should have to come to 
you and say we want to sell this information to anyone who wants to buy 
it as to where you are going. Wherever your cell phone goes becomes a 
monitor of all of your activities.
  Finally, the bill also extends liability protections to wireless 
carriers for emergency calls equivalent to the protection accorded to 
States for wire phone companies. Liability protection for wireless 
service is to be implemented on a State-by-State basis, mirroring the 
services protections accorded local telephone companies in such 
jurisdictions.
  Again, I want to compliment the gentleman from Louisiana (Mr. 
Tauzin), the gentleman from Illinois (Mr. Shimkus), the gentlewoman 
from Missouri (Ms. Danner), and the majority for the way in which they 
treated us. I think we have a nice, solid compromise package here for 
all of the Members to support tonight.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TAUZIN. Mr. Speaker, I yield myself such time as I may consume to 
first take a second to compliment the gentleman from Massachusetts on 
the provision that he so eloquently spoke about. His privacy provision 
is one that he has fought for and we have agreed upon extensively 
across the Committee on Commerce philosophies, primarily because it not 
only protects a person's privacy in the sense of someone selling that 
information, it also protects us from Government knowing where you are 
going and what you are doing in your life, so it keeps people protected 
from that kind of scrutiny. I think it was equally important that this 
amendment be adopted for that purpose.
  Mr. Speaker, I am proud to yield such time as he may consume to the 
gentleman from Illinois (Mr. Shimkus), the author of the legislation in 
the House and the father of a new son.
  Mr. SHIMKUS. Mr. Speaker, I would like to thank the chairman for the 
kind words to my wife and family. We briefly floated the name Billy 
Tauzin Shimkus, briefly. We settled on Daniel, and as my son, David 
said, it is now Daniel in the Shimkus den, so he is going to be 
prepared for a well time in the family.
  Mr. Speaker, I thank the gentleman from Louisiana (Mr. Tauzin), and 
the gentleman from Virginia (Mr. Bliley) for their help and support. I 
also thank the gentleman from Michigan (Mr. Dingell) and the gentleman 
from Massachusetts (Mr. Markey) for their help and support in working 
on this important issue. I also would like to recognize the gentlewoman 
from Missouri (Ms. Danner) for her constant historic aspect in this 
battle from my neighboring State of Missouri, and I am sure she is 
excited about us coming to completion on one portion today.
  I am very happy that the House has decided to take up this bill, 
which is the Senate version of my E-911 legislation. It is a good bill 
and one which improves upon what was passed out of the Committee on 
Commerce.
  Currently, there are over 68 million wireless phone users in the 
United States. Many of these users bought

[[Page 24990]]

their phone specifically for use in emergency situations. Ironically, a 
simple solution to a life-threatening situation becomes very 
complicated when some areas in the United States do not use 911 as a 
cellular number for emergencies, and I recounted numerous times just 
going over from my side of the St. Louis metropolitan area from 
Illinois over to Missouri and the Mason Dixon Line of the Mississippi 
having two different numbers and how critical that could be at a time 
of emergency.
  At a time when studies have shown that in an accident it is critical 
to receive care within 30 minutes in urban areas and 50 minutes in 
rural areas, it is vital that we pass this legislation and get our 
constituents the care they need. Specifically, both the House and the 
Senate bills designate 911 as the national emergency number. 
Importantly, S. 800 includes provisions from the House bill that were 
drafted by the gentleman from Massachusetts (Mr. Markey) to protect 
consumer privacy. This legislation requires carriers to obtain a 
customer's express prior authorization before disclosing any location 
information other than in an emergency situation. Unless this 
legislation is enacted, there will be no protection for a customer's 
location information.
  Additionally, this bill provides comparable liability protection for 
wireless and land line carriers with respect to nonemergency 
communications. Again, I would like to thank the gentleman from 
Virginia (Mr. Bliley), our full committee chairman; the gentleman from 
Louisiana (Mr. Tauzin), my subcommittee chairman; and the ranking 
members of both the full committee and the subcommittee. I urge my 
colleagues to support this important piece of legislation.
  Mr. MARKEY. Mr. Speaker, I yield 4 minutes to the gentlewoman from 
Missouri (Ms. Danner), who played a critical role in the passage of 
this legislation.
  Ms. DANNER. Mr. Speaker, I rise to express my support for S. 800, the 
Wireless Communications and Public Safety Act.
  This bill, which provides cellular phone users nationwide with a 
single reliable emergency cellular phone number, will help to ensure 
that citizens can summon help, whether they are a block from home or 
thousands of miles away.
  I have just had some very exciting information too with regard to my 
family, and an upcoming birth that is going to be taking place in the 
spring, so I too am a little excited about children this evening.
  Wireless technology has helped to simplify or, in some cases 
complicate our lives; but one important contribution of cellular 
telephones is the ability to improve public safety. Cellular phones 
greatly increase the ability of individuals without access perhaps to 
wire phones at the time to quickly report accidents or other 
emergencies and to help speed the arrival of assistance.
  In March of 1997, 2\1/2\ years ago, I introduced legislation that 
would standardize State cellular emergency numbers. Earlier this year, 
I introduced a similar bill to accomplish the same goal. I am pleased 
that the bill we will vote upon and hopefully pass today includes, 
among its many other important provisions, the designation of 911 as 
the universal cellular assistance number, and I hear a cellular ringing 
in the background. We can tell how prevalent they are.
  Adoption of this bill will remove one of the greatest obstacles to 
the effective use of cellular telephones in emergency situations.
  I would like to take this opportunity to share with my colleagues 
briefly a true story that demonstrates the current limits of wireless 
phone service, a story that might have ended differently if this law 
had been in place just a short time ago.
  In 1997 on Thanksgiving Day, several months after I had introduced 
the legislation, a couple from Lenexa, Kansas, was driving south on 
U.S. 71 in southwestern Missouri. This couple observed a minivan 
weaving through traffic, driving at erratic speed, and crossing both 
the road's shoulder and its center line. Using a cellular phone, the 
passenger tried to reach assistance. However, because she was not aware 
that the cellular emergency number in Missouri is *55, she was unable 
to reach assistance quickly because in her neighboring State, her home 
State of Kansas, it is *47, and if one is on the Kansas turnpike, it is 
even different.
  After attempting several different numbers, she was finally able to 
reach an operator who connected her to the local police station. 
However, by that time, it was too late. As the police were beginning to 
set up their roadblock, the minivan, driven by an individual, collided 
with an oncoming vehicle containing a mother and her two-year-old 
child. It resulted in the death of all three.
  This tragic accident might have been avoided if the passenger in the 
Kansas vehicle had been able to reach authorities on the first attempt.
  It is troubling that this tragic situation could occur almost 
anywhere in our Nation. For example, the six States between Kansas City 
and Washington, D.C. have five different cellular assistance numbers. 
In the United States as a whole, there are as many as 15 different 
numbers. Besides making it easier for citizens to report aggressive or 
impaired drivers, this bill will also enhance an individual's ability 
to summon help whenever needed, for example, when a person might be 
lost, injured, or otherwise disabled in a secluded area. Such action 
would provide people with additional peace of mind.
  I urge all of my colleagues to vote in favor of this important public 
safety legislation. It will literally save lives.
  Mr. TAUZIN. Mr. Speaker, could I inquire as to how much time is 
remaining.
  The SPEAKER pro tempore (Mr. Upton). The gentleman from Louisiana 
(Mr. Tauzin) has 11 minutes remaining; the gentleman from Massachusetts 
(Mr. Markey) has 8\1/2\ minutes remaining.
  Mr. TAUZIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill addresses a great many problems 
simultaneously. I want to compliment my dear friend, the gentlewoman 
from Missouri (Ms. Danner), for the extraordinary efforts she has made 
to continue to press forward for this legislation, having the 
experience she has described in mind, and again my good friend, the 
gentleman from Illinois (Mr. Shimkus), for moving it forward.
  The one thing we are not doing in this bill is addressing the 
question of tower siting, and we have taken it out of the bill because 
it is still a very controversial question that has to do with local 
jurisdictions and zoning and what have you. But that problem poses a 
real problem for many parts of our country.
  Right here in the Nation's capital, Rock Creek Parkway still does not 
have cellular service. So citizens in this area who are using that 
parkway, women and men who are jogging in that park with their 
children, maybe subject to some unfortunate attack or some problem with 
their health cannot dial 911; they cannot dial anybody, because there 
is no cellular service.
  The gentleman from Massachusetts (Mr. Markey) and I have been 
pressing the park agency for the agreement to allow cellular service to 
come to Rock Creek Parkway, but unfortunately, after giving us promises 
of meeting deadline after deadline after deadline, there is still no 
agreement to authorize tower siting for cellular service in Rock Creek 
Parkway. If we cannot get it done right next to the capital, imagine 
how much trouble Americans all over the country are having getting 
cellular service established in places where our own Government 
sometimes stands in the way.
  Mr. Speaker, I wish that we had been able to address that problem in 
this bill. We were not. In order to get the bill through these two 
bodies and on to the President's desk, it is so important to get 911 
out there and all the features we have just described that we have had 
to drop that important feature of tower siting. But my friend from 
Massachusetts and I will continue this fight to see to it that one day 
Rock Creek Parkway has cellular service and that other parks and 
recreational areas of the country similarly get the right to have that 
sort of safety protection for the citizens who use those parks.

[[Page 24991]]



                              {time}  1815

  Mr. MARKEY. Mr. Speaker, will the gentleman yield?
  Mr. TAUZIN. I yield to the gentleman from Massachusetts.
  Mr. MARKEY. Mr. Speaker, the gentleman put his finger right on the 
problem. I do not think we want people driving around, driving up Rock 
Creek without an E-911 signal. That is what we have right now. It would 
be very helpful if down the line we are able to resolve these tensions 
that exist between environmental concerns and telecommunications 
technology, but ultimately, we have to harmonize the policies to ensure 
that Americans are able to get the best of both, which right now I 
think they are being denied.
  Mr. TAUZIN. I thank the gentleman.
  In this case, Mr. Speaker, the cellular service provider has agreed 
to put the cellular service antennas onto already existing towers at 
the tennis center. We would think that would be fine, and we would have 
cellular service for this park. We still cannot get those approved.
  It is an example of a problem that exists all over America, and 
unfortunately, we do not cure it in this bill, but we are not through 
in our efforts to get service for Rock Creek Parkway.
  I know the gentleman from Massachusetts will not give up, anymore 
than I will give up in that effort.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MARKEY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Tennessee (Mr. Ford), that eloquent forceful advocate.
  Mr. FORD. Mr. Speaker, the gentleman from Massachusetts (Mr. Markey) 
is very kind. He has defined his jump shot on this side of the aisle. 
We thank him for that. My thanks to the gentleman from Louisiana (Mr. 
Tauzin), to the gentleman from Massachusetts (Mr. Markey), and to the 
chairman, the gentleman from Illinois (Mr. Shimkus), and to the 
gentleman from Virginia (Chairman Bliley) and to the ranking member, 
the gentleman from Michigan (Mr. Dingell) and the gentlewoman from 
Missouri (Ms. Danner). I thank them for all they have done.
  Mr. Speaker, S. 800 is a major advancement in our ability to use all 
our communication abilities to save lives and report crimes. This bill 
designates 911 as the universal emergency telephone number and replaces 
the confusing codes and alternative numbers that wireless networks have 
been forced to use.
  The bill upgrades conventional wireline services in areas which do 
not have the funds to upgrade their services.
  Under current law, wireless operators cannot respond to some 
emergency calls because they are not allowed to process pertinent 
location information. This legislation, as the gentleman from Illinois 
has said, will expand the current definition of customer proprietary 
network information to include local information.
  However, it states clearly that a provider must obtain the express 
prior authorization before a carrier can use location information, 
other than in an emergency situation.
  By extending the current liability protection which exists for 
landline carriers to wireless carriers, the legislation makes sure that 
our liability statutes keep pace with ever-changing technology. The 
bill does not give wireless providers greater protection. It does not 
change rules for land lines. It simply levels the playing field between 
the two carriers.
  Congress has the opportunity today, and I look forward to joining 
with colleagues on both sides of the aisle, to open access to emergency 
services anywhere in this country. Whether it is on a gridlocked 
highway or in the middle of a national park, emergency service will 
never be out of reach.
  I thank the gentlewoman from Missouri (Ms. Danner), the gentleman 
from Louisiana (Mr. Tauzin), I thank the jump-shooting gentleman from 
Massachusetts (Mr. Markey), and the gentleman from Illinois (Mr. 
Shimkus). I look forward to being part of the vote in favor of the 
Wireless Communications and Public Safety Act of 1999.
  Mr. MARKEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would only point out that in order to have a jump 
shot, we must be able to get off the ground. I would like to have the 
gentleman have an opportunity to revise and extend so that he can 
correct any erroneous impression that he may have left with the 
listening audience here today with regard to my jumping ability.
  Mr. Speaker, I yield 2 minutes to the gentleman from Houston, Texas 
(Mr. Green), the illustrious legislator and another luminary in the 
firmament of jump-shooting basketball players in Congress.
  Mr. GREEN of Texas. Mr. Speaker, I thank my colleague for yielding 
time to me.
  Mr. Speaker, I am glad the gentleman corrected or at least gave my 
friend, the gentleman from Tennessee (Mr. Ford), the opportunity to 
correct himself. The gentleman from Massachusetts (Mr. Markey) and I 
both lost our jump shot about 30 years ago.
  Mr. FORD. Mr. Speaker, will the gentleman yield?
  Mr. GREEN of Texas. I yield to the gentleman from Tennessee.
  Mr. FORD. Mr. Speaker, the gentleman does have a set shot.
  Mr. GREEN of Texas. I stand corrected.
  I am glad to be here, Mr. Speaker, with both my colleague, the 
gentleman from Louisiana (Mr. Tauzin), the chairman of the Subcommittee 
on Telecommunications, Trade, and Consumer Protection, and the ranking 
member in support of S. 800.
  For over 68 million wireless subscribers, wireless communications is 
often the critical link in emergency and accident situations.
  Mr. Speaker, from the city of Houston, our Greater Harris County 
Emergency Network has taken great strides in implementing E-911 
services. Over the past year in Houston, Texas, the emergency service 
has been conducting a test of an actual E-911 network with simulated 
911 wireless calls. The test has met with great success, and the city's 
action has made them a leader and role model for the rest of the 
country in deploying and implementing E-911. I applaud all localities 
that are taking this extra step toward implementing this in our 
communities.
  The ultimate goal in S. 811 is to deploy an end-to-end seamless 
wireless safety network that will save lives.
  There are some obstructions we need to overcome. I am glad my 
colleague, the gentleman from Massachusetts, was able to get his 
privacy amendment in there, because there are times that we want to 
know where we are at, particularly in an emergency, but also we do not 
want Big Brother looking over our shoulders, so I am glad that 
hopefully was addressed.
  Currently, wireless emergency calls do not include location 
information. Location information allows a wireless 911 call to be 
located on a map within 100 meters of the actual call. S-800 enforces 
current FEC rules that call for Automatic Information Location to be 
put in place by October 1, 2001. It eliminates the barriers to 
installing wireless location technology, and assists emergency medical 
and public safety communities to respond to calls for help.
  Mr. Speaker, in response, and the gentleman has heard it in our 
committee hearing, last spring I was going through a number of States, 
including Louisiana, Mississippi, Alabama, Tennessee, and Virginia. I 
did not realize how many States had different numbers than 911. So if 
nothing else, this bill will do that, but it does a lot more.
  Mr. MARKEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would correct the gentleman from Houston, it is 
Massachusetts, rather than Massatusetts. We are very sensitive to that 
as we head into the Yankee Series. Mr. Speaker, we recommend to the 
full House that this bill be accepted.
  Mr. BLILEY. Mr. Speaker, I am pleased that we have the opportunity 
today to complete a project that has been a high priority for the 
Commerce Committee since December of last year. S. 800 is sound public 
policy that will have a positive impact on the lives of all Americans 
for years to come. While the changes contained in the bill are rather 
small compared to some bills we consider in the

[[Page 24992]]

House, the impact will be very significant to the lives and safety of 
our constituents.
  Let me start by thanking the other body for their work on this issue. 
Last Congress, the Commerce Committee considered a similar bill led by 
my good friend from Louisiana, Mr. Tauzin, that did not make it to the 
House floor. This Congress we were able to bring a new bill, H.R. 438, 
led by my good friend from Illinois, Mr. Shimkus, to the House floor 
with overwhelming support. This work became the basis for the other 
body's effort on this issue. The result is S. 800, which slightly 
modifies and improves the House product without altering the underlying 
concepts.
  S. 800 will resolve once and for all the telephone number people need 
to dial in order to get emergency personnel. The bill establishes 911 
as the universal emergency number for both wireless and wireline 
telecommunications services. In many parts of our nation, the seemingly 
ubiquitous telephone number, 911, is not the number used by the local 
community for emergencies. What seems like such a simple concept has 
not been implemented uniformly throughout the nation. This situation 
causes consumer confusion that can delay or prevent emergency personnel 
from reaching people in need. For instance, there are approximately 15 
emergency numbers used around the country for wireless calls. These 
range from 911 to *55, #77, to the acronym of the State highway police, 
to the local sheriff or police department.
  Think about the typical American experience of taking a family 
vacation. When you are out on the roads of America with your family and 
you see an accident or get involved in an accident yourself, how do you 
get help for your loved ones if you don't know how to reach emergency 
personnel? Take a moment to imagine trying to get emergency help on an 
interstate highway when you are not certain of your precise location 
and you may have no idea of what number that State has adopted to call 
emergency personnel. These scenarios are real and they happen every 
day.
  Thankfully we are making the thoughtful decision through this bill 
that there should be one number for consumers to dial to reach 
emergency personnel. This will remove the dialing guessing game and 
help improve the safety of our citizens.
  S. 800 also provides liability parity between wireline and wireless 
carriers. Wireless carriers have made a compelling case as to why 
liability parity is justified in this limited instance and how public 
safety will be enhanced if it is enacted. The public safety community 
is also strongly supporting this provision recognizing that the 
deployment of wireless location technology is being stalled because 
wireless companies are correctly concerned about their exposure to 
lawsuit for trying to improve the safety of their systems. With over 
100,000 wireless emergency calls being placed each day, pinpointing the 
exact location of wireless calls will be extremely helpful in improving 
emergency response time. Liability protection will help facilitate the 
deployment of such technology.
  Lastly, S. 800 will provide privacy protections for consumers in the 
use of subscriber call location information. As call location 
information technologies are deployed, it is equally important that we 
ensure that this information is treated confidentially. It is not 
appropriate to let government or commercial parties collect such 
information or keep tabs on the exact location of individual 
subscribers. S. 800 will ensure that such call location information is 
not disclosed without the authorization of the user, except in 
emergency situations, and only to specific personnel.
  These are well thought-out, well-vetted concepts that have received 
broad bipartisan support.
  I want to thank all Members that have helped us get where we are 
today. I especially want to thank Senators Burns, McCain, and Hollings, 
and their staffs for the work that went into S. 800. I also want to 
thank the relevant industry parties involved, including the U.S. 
wireless companies and their trade associations--the Cellular 
Telecommunications Industry Association and the Personal Communications 
Industry Association--for their continued support and helpful 
suggestions. It is also important that we recognize the fine work of 
the public safety community, including the ComCARE Alliance, for 
continuing to remind us that these simple reforms will be so helpful to 
the safety of Americans. I ask that a letter sent to me by the ComCARE 
Alliance on this bill be made part of the Record.
  I urge all Members to support passage of the bill.
  Mr. MARKEY. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. TAUZIN. Mr. Speaker, asking all Members to join us in this bill, 
I have no further requests for time, and I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion 
offered by the gentleman from Louisiana (Mr. Tauzin) that the House 
suspend the rules and pass the Senate bill, S. 800.
  The question was taken.
  Mr. TAUZIN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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