[Congressional Record (Bound Edition), Volume 153 (2007), Part 22]
[House]
[Pages 31000-31004]
[From the U.S. Government Publishing Office, www.gpo.gov]




            911 MODERNIZATION AND PUBLIC SAFETY ACT OF 2007

  Mr. MARKEY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3403) to promote and enhance public safety by facilitating 
the rapid deployment of IP-enabled 911 and E-911 services, encouraging 
the nation's transition to a national IP-enabled emergency network and 
improve 911 and E-911 access to those with disabilities, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3403

       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 ``911 Modernization and Public 
     Safety Act of 2007''.

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

     SEC. 101. DUTY TO PROVIDE 911 AND E-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 911 AND E-911 SERVICE.

       ``(a) Duties.--It shall be the duty of each IP-enabled 
     voice service provider to provide 911 service and E-911 
     service to its subscribers in accordance with the 
     requirements of the Federal Communications Commission (in 
     this section referred to as the `Commission'), as in effect 
     on the date of enactment of the 911 Modernization and Public 
     Safety Act of 2007 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 
     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 the same rights, including rights of 
     interconnection, and on the same rates, terms, and 
     conditions, as apply 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 911 
     Modernization and Public Safety Act of 2007, 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; and
       ``(2) 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 agencies or programs with jurisdiction over emergency 
     communications. Nothing in this section is intended to alter 
     the authority of State commissions or other State agencies 
     with jurisdiction over emergency communications, provided

[[Page 31001]]

     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 technology 
     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 911 Modernization 
     and Public Safety Act of 2007, 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, or Indian tribe for the 
     support or implementation of 911 or E-911 services, provided 
     that the fee or charge is obligated or expended only in 
     support of 911 and E-911 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 fees for the support or implementation of 911 
     or E-911 services, the Commission shall submit a report 
     within 1 year after the date of enactment of the 911 
     Modernization and Public Safety Act of 2007, 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 911 fees, 
     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 fee or 
     charges are presented.
       ``(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 911 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) Rule of Construction.--Nothing in the 911 
     Modernization and Public Safety Act of 2007 shall be 
     construed as altering, delaying, or otherwise limiting the 
     ability of the Commission to enforce the rules adopted in the 
     Commission's First Report and Order in WC Docket Nos. 04-36 
     and 05-196, as in effect on the date of enactment of the 911 
     Modernization and Public Safety Act of 2007, except as such 
     rules may be modified by the Commission from time to time.''; 
     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 the enactment of the 911 Modernization 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) include a proposed timetable, an outline of costs, 
     and potential savings;
       ``(D) provide specific legislative language, if necessary, 
     for achieving the plan;
       ``(E) provide recommendations on any legislative changes, 
     including updating definitions, to facilitate a national IP-
     enabled emergency network;
       ``(F) 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 
     911 Modernization and Public Safety Act of 2007;
       ``(G) identify solutions for providing 911 and E-911 access 
     to those with disabilities and needed steps to implement such 
     solutions, including a recommended timeline; and
       ``(H) analyze efforts to provide automatic location for E-
     911 purposes and recommendations on regulatory or legislative 
     changes that are necessary to achieve automatic location for 
     E-911 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, IP-enabled voice service providers, 
     Telecommunications Relay Service providers, and other 
     emergency communications providers and others it deems 
     appropriate.''.

     SEC. 103. TECHNICAL AMENDMENTS.

       Section 3011(b) of the Digital Television Transition and 
     Public Safety Act of 2005 (Public Law 109-171; 47 U.S.C. 309 
     note), and section 158(b)(4) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942(b)(4)) are each amended by 
     striking ``the 911 Modernization Act'' and inserting ``the 
     911 Modernization and Public Safety Act of 2007''.

                     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:
       ``(9) 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 911 and 
     enhanced 911 services.
       ``(10) 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 
     911 governing authority to provide other emergency 
     communications services.''.

 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--

[[Page 31002]]

       (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)--
       (A) 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'';
       (B) by striking ``Notwithstanding subsections (b)'' and 
     inserting the following:
       ``(1) In general.--Notwithstanding subsections (b)''; and
       (C) by adding at the end the following new paragraph:
       ``(2) Prohibited use of location information databases.--No 
     administrator of any database used for the purpose of 
     facilitating the provision of emergency services may use for 
     any competitive purpose data obtained from unaffiliated 
     telecommunications carriers or IP-enabled voice service 
     providers in the course of maintaining and operating that 
     database. Nothing in this section is intended to prohibit 
     government agencies otherwise authorized under law from 
     requesting information contained in any such database.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Markey) and the gentleman from Michigan (Mr. Upton) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. MARKEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3403, introduced by Representative Bart Gordon, is 
designed to ensure that a consumer calling 911 in an emergency from an 
Internet phone, using so-called ``Voice over Internet Protocol,'' or 
VoIP service, can do so with a degree of confidence matching that of 
traditional phone service and wireless service.
  The bill seeks to achieve this goal through 2 key provisions: The 
first provision extends liability protections to VoIP service 
providers. The Federal Communications Commission lacks authority to 
grant liability protection to VoIP service providers, and, therefore, 
Congress must take action to achieve this policy objective. This is 
similar to action this subcommittee took in 1999 when such liability 
protection was accorded to wireless providers.
  The second key provision in the bill establishes the right of VoIP 
providers to access the parts of the 911 infrastructure they need in 
order to complete 911 calls for consumers. This is an important 
provision because while the FCC has acted to require VoIP providers to 
meet enhanced 911 service obligations, the commission did not order 
that such VoIP providers had a legal right to the components of the 911 
infrastructure they would need to fulfill their E-911 obligations under 
the commission's own rules.

                              {time}  1445

  I want to commend Representative Gordon for his excellent work and 
leadership on this bill. We have endeavored, over the last several 
months, to work on a bipartisan basis through several issues, and the 
bill we bring to the House floor this afternoon reflects the results of 
these discussions. It is an excellent step forward.
  I also want to salute Ms. Eshoo, Mr. Shimkus and Mr. Pickering for 
their work on this legislation and, as always, to commend the chairman 
of the full committee, Mr. Dingell; the ranking member of the full 
committee, Mr. Barton; and my good friend, the gentleman from Michigan 
(Mr. Upton) for their excellent efforts as well.
  At this point, Mr. Speaker, I reserve the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield myself as much time as I may consume.
  I want to take particular time to thank Mr. Markey, my good friend, 
Mr. Dingell, as well as Mr. Gordon, the bill's sponsor, as well as Mr. 
Shimkus and Ms. Eshoo for their really outstanding leadership on this 
issue.
  This is a good bill. All of us here know stories, many of us can 
relate personally to stories, using 911. This goes a bit further when 
we talk about E-911.
  There is a recent news story that highlighted the importance of this 
service. A mother in Washington State was playing with her 2-year-old 
daughter, Alana, one night when suddenly a migraine hit her. She 
collapsed, she took a few painkillers, she felt dizzy, collapsed to the 
floor, and yet the 2-year-old daughter, Alana, watching her mom 
collapse, walked over to the coffee table, picked up the phone, and 
dialed 911.
  While she was on the phone, all she said was ``mommy, ouch.'' Those 
two words alone were enough to send the paramedics to their home. 
Inside they found the mom on the floor and the daughter in the other 
room getting a blanket for her mom who was shivering. Thankfully, she 
was released the very next day. But without that technology, who knows 
how the situation, or many others like it, would end up.
  Our 911 system continues to evolve. We've made a lot of progress on 
enhanced 911 deployment, but E-911 can provide the actual phone number 
and location of a caller, which can be essential in reaching people who 
need the help, especially if they're having trouble communicating.
  The FCC helped move the ball forward in June of 2005 by requiring 
that VoIP providers offer 911 services to their customers. And while 
technologically it is more complicated for VoIP providers to provide 
the service, it certainly is of equal importance.
  We've all heard the horror stories in the past of people trying 
unsuccessfully to use 911 from their homes or mobile phones, and I'm 
hopeful that with the leaps taken so far, along with this legislation, 
all consumers, regardless of the phone service or their location, will 
be better served in an emergency.
  This bill, H.R. 3403, the 911 Modernization and Public Safety Act of 
2007, is certainly a significant public safety bill. I would urge my 
colleagues to vote for it. And, again, I want to thank the bipartisan 
cooperation that we've seen every step along the way, not only in this 
body, but in the Senate as well.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MARKEY. Mr. Speaker, I would, once again, like to commend the 
bill to the Members. I also want to thank the staff, Mark Seifert, Amy 
Levine, David Vogel, Courtney Reinhard, and Dana Lichtenberg on the 
Democrat and Republican staffs for their excellent work on this 
legislation.
  Mr. BARTON of Texas. Mr. Speaker, I rise in support of H.R. 3403, the 
``911 Modernization and Public Safety Act of 2007.''
  Each time a new communications technology arrives on the market, we 
must adapt our 911 system and our laws to accommodate it. In 1999, 
Congress passed the Wireless Communications and Public Safety Act to 
ensure that emergency 911 calls made from wireless phones would go to 
the nearest Public Safety Answering Point or ``PSAP''.
  Today, Voice-over-Internet-Protocol is revolutionizing the way we 
communicate by adding the flexibility and innovation of the Internet to 
the traditional phone call. However, unlike wireless carriers, VoIP 
providers have no rights to interconnect with the 911 infrastructure 
and only a handful of 911 centers were prepared to receive VoIP calls, 
until recently. This left VoIP providers with no easy way to deliver 
911 or E-911 service to their subscribers.
  After people using VoIP phones were unable to call 911 when they 
needed help, the FCC responded in June 2005 by requiring VoIP providers 
to incorporate E-911 capability into their service. While this forced 
VoIP providers to deploy E-911 access to almost all of their 
subscribers through commercial agreements with third parties, the FCC 
did not have the authority to address all of the important issues.
  That is why the House Energy and Commerce Committee passed H.R. 3403. 
This bill seeks to better ensure that consumers using VoIP service can 
access enhanced 911 emergency services. It puts VoIP providers on the 
same legal footing as wireless carriers and gives providers the same 
access as wireless, at the same rates, terms and conditions. It gives 
VoIP carriers and PSAPs receiving the VoIP 911 calls the same liability 
protection that is afforded to wireless calls. The bill allows VoIP 
providers to join wireless carriers in a narrow exemption from the 
Customer Proprietary Network Information Laws, so that they can 
transmit customer name and location information during an emergency 
call. The bill also allows the FCC to delegate to states enforcement of 
regulations implementing VoIP 911, without disrupting the interstate 
nature of VoIP service.

[[Page 31003]]

  In addition to ensuring the success of VoIP E-911, H.R. 3403 takes 
strong steps to improve our 911 system going forward. First, the bill 
will stop states from raiding their 911 funds by prohibiting states 
from spending the 911 line-item fee they collect on phone bills for any 
purpose other than improvements to the 911 system. Second, the bill 
directs the E-911 Coordination and Implementation Office to develop a 
nationwide migration plan to an IP-enabled network. An Internet-based 
emergency network will enhance public safety by allowing for greater 
flexibility in the types and amount of information that may be 
transmitted to emergency service providers. Finally, H.R. 3403 alters 
an existing grant program to allow PSAPs to obtain federal funding for 
IP-enabled emergency networks.
  H.R. 3403, the ``911 Modernization and Public Safety Act of 2007'' is 
about public safety. I want to praise the work of the bill's sponsor, 
Congressman Bart Gordon, who has provided strong leadership in 
addressing the VoIP E-911 challenge. I also commend the House co-chairs 
of the Congressional E-911 Caucus: Congresswoman Eshoo and Congressman 
Shimkus, for their determined work to advance all 911 issues. I would 
also like to thank the Telecommunications Subcommittee Chairman Mr. Ed 
Markey and the chairman of the full committee, Mr. John Dingell, and 
their staffs, for their leadership and commitment to working with our 
side in a bipartisan fashion on this bill.
  H.R. 3403 is an important piece of legislation and I urge my 
colleagues to vote for it to become law.
  Mr. DINGELL. Mr. Speaker, I rise in support of H.R. 3403, the ``911 
Modernization and Public Safety Act of 2007''.
  This legislation ensures that consumers using Voice over Internet 
Protocol or VoIP technology can access the 911 system. It also requires 
the development of a national plan to ensure that the 911 system 
continues to evolve.
  Consumers expect that when they place a call to 911 using a wireline 
phone, wireless phone, or any other type of technology, the emergency 
operator who answers will send the right type of first responder to the 
correct location in the shortest time possible. The ability to dial 911 
and reach an emergency operator is so integral to our daily lives that 
we teach our children from the earliest moment how to dial 911.
  As our communications system has evolved, so too has the 911 system. 
We have seen this before with the introduction of wireless phone 
service. As more consumers began using cell phones, Congress passed 
legislation to ensure that the 911 system could accommodate emergency 
calls made over the wireless network.
  Over the last few years, VoIP technology has provided a new way for 
consumers to make calls using the Internet. H.R. 3404 ensures that 
consumers using VoIP service are able to access 911 as easily as 
consumers using wireline or wireless services. H.R. 3403 will give VoIP 
providers access to the components they need to provide 911 service and 
will extend the liability protections afforded to wireline and wireless 
carriers today to VoIP providers, public safety officials, and end 
users in relation to VoIP 911 calls.
  The constantly evolving nature of technology can present a challenge 
to legislators. H.R. 3403 meets that challenge by ensuring that our 911 
system continues to adapt. It requires the development of a national 
plan to migrate to an Internet Protocol-enabled 911 system. It also 
amends an existing grant program to allow funding for public safety 
answering points that are moving to an IP-enabled system.
  As technology evolves, it is important that public safety 
communications also evolve. Too often public safety is left behind, 
burdened by yesterday's technology and yesterday's network. H.R. 3403 
therefore requires that public safety representatives participate in 
the formation of the national plan. This will help ensure that public 
safety has access to the communications platform of the future.
  Moving to an IP-enabled 911 system will also benefit consumers with 
disabilities. H.R. 3403 requires that the national plan address 
solutions for providing 911 and enhanced 911 services to members of the 
disabilities community who may not be able to speak to or hear an 
emergency operator. By including those representing the disabilities 
community in the formation of the national plan, we will ensure that 
all consumers are able to access emergency services.
  Because consumers rely on 911, Congress must ensure that the 911 
system is reliable. H.R. 3403 fulfills this duty by addressing the 
addition of VoIP service to the marketplace and by establishing a 
pathway to the future of the 911 system. This important measure has 
strong bipartisan support, including the support of the Committee on 
Energy and Commerce Ranking Member, Representative Barton, and the 
Ranking Member of the Subcommittee on Telecommunications and Internet, 
Representative Upton.
  I commend Representative Gordon for his excellent work on this 
legislation. I also thank the other members of the 911 Caucus, and 
Representatives Eshoo, Shimkus, and Pickering for their important and 
ongoing work in the area of Emergency communications.
  I urge my colleagues to support H.R. 3403.
  Ms. ESHOO. Mr. Speaker, I've been working on 911 issues for over a 
decade. We've come a long way during this time, and this bill is 
another step toward full interoperability. It is essential for our 
constituents to have access to emergency services whether they're using 
a mobile phone or using a VoIP service. Confidence that our network 
will be able to access emergency services when they are needed is 
fundamental.
  My thanks to Representative Gordon and the Energy and Commerce 
Committee for their work on this 911 legislation which I'm a cosponsor 
of. The bill places a duty on VoIP services to provide 911 for their 
customers. This gives customers a guarantee that they will have 
emergency services when they need it. Importantly, this legislation 
requires that carriers allow VoIP providers to interconnect with their 
facilities. In return, carriers will be compensated at the same rate 
that wireless carries pay to interconnect. This interconnection mandate 
is necessary so that consumers will have timely access to 911 services.
  This legislation will connect the 98 million Americans that live in 
areas where VoIP providers do not yet have access to the 911 network 
and are unable to receive reliable VoIP 911 services.
  My colleague Mr. Shimkus and I are co-chairs of the E-911 Caucus and 
I thank him for his terrific work on this issue. We've worked closely 
together and passed legislation to provide federal grants to enhance 
our emergency communications system. So far no funding has been 
appropriated for this purpose but we were successful in passing an 
amendment to the Commerce, Justice, Science Appropriations that added 
$5 million for this grant program. The funding ``plants the seed'' for 
advanced E-911 equipment so necessary in our communities.
  This is a good bill and I strongly support it and urge Members to 
vote for it.
  Mr. GENE GREEN of Texas. Mr. Speaker, I rise in strong support of 
this legislation to update and improve 911 services for today's 
technology.
  Improving public safety is a constant struggle, as I have learned 
working on improving 911 services for the Houston area and the entire 
state of Texas as a state legislator, and I want to thank Mr. Gordon 
for his work on this legislation, both in introducing it and for 
working with all involved parties throughout the process to create a 
bill with such broad support.
  In June 2005, after it received reports about the inability of some 
Voice over Internet Protocol (VoIP) customers to access 911 services, 
the Federal Communications Commission (FCC) issued regulations 
requiring VoIP providers to automatically provide 911 services to their 
customers, and to route these calls with a call-back number and the 
caller's registered location, either directly or through a third-party.
  After trying to address this issue for several years, I hope we can 
send a bill to the President this Congress addressing VoIP E911. The 
purpose of H.R. 3403 is to ensure that consumers using VoIP services to 
place phone calls have access to E911, by giving VoIP providers access 
to 911 infrastructure and by extending existing liability protections 
to VoIP service.
  This bill requires VoIP providers to provide 911 service and E911 
service to its subscribers in accordance with the Federal 
Communications Commission (FCC) regulations. It allows VoIP to access 
the nation's existing 911 infrastructure, which is largely operated by 
their competitors, traditional telephone companies. VoIP companies will 
also be permitted to access existing 911 infrastructure not only to 
deliver 911 calls, but also to provide location and call-back 
information for those calls.
  Customers using VoIP services expect to access 911 services just as 
wireless and wireline customers do, and this legislation ensures it is 
parallel with those services when it comes to E911 regulations and 
requirements.
  I strongly support this legislation to improve public safety, and I 
urge my colleagues to join me in supporting it.
  Mr. MARKEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts (Mr. Markey) that the House suspend

[[Page 31004]]

the rules and pass the bill, H.R. 3403, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GOHMERT. 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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