[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[House]
[Pages 13361-13364]
[From the U.S. 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--

[[Page 13362]]

       (1) by redesignating section 6 (47 U.S.C. 615b) as section 
     7;
       (2) by inserting after section 5 the following new section:

     ``SEC. 6. DUTY TO PROVIDE 9-1-1 AND ENHANCED 9-1-1 SERVICE.

       ``(a) Duties.--It shall be the duty of each IP-enabled 
     voice service provider to provide 9-1-1 service and enhanced 
     9-1-1 service to its subscribers in accordance with the 
     requirements of the Federal Communications Commission, as in 
     effect on the date of enactment of the New and Emerging 
     Technologies 911 Improvement Act of 2008 and as such 
     requirements may be modified by the Commission from time to 
     time.
       ``(b) Parity for IP-Enabled Voice Service Providers.--An 
     IP-enabled voice service provider that seeks capabilities to 
     provide 9-1-1 and enhanced 9-1-1 service from an entity with 
     ownership or control over such capabilities, to comply with 
     its obligations under subsection (a), shall, for the 
     exclusive purpose of complying with such obligations, have a 
     right of access to such capabilities, including 
     interconnection, to provide 9-1-1 and enhanced 9-1-1 service 
     on the same rates, terms, and conditions that are provided to 
     a provider of commercial mobile service (as such term is 
     defined in section 332(d) of the Communications Act of 1934 
     (47 U.S.C. 332(d))), subject to such regulations as the 
     Commission prescribes under subsection (c).
       ``(c) Regulations.--The Commission--
       ``(1) within 90 days after the date of enactment of the New 
     and Emerging Technologies 911 Improvement Act of 2008, shall 
     issue regulations implementing such Act, including 
     regulations that--
       ``(A) ensure that IP-enabled voice service providers have 
     the ability to exercise their rights under subsection (b);
       ``(B) take into account any technical, network security, or 
     information privacy requirements that are specific to IP-
     enabled voice services; and
       ``(C) provide, with respect to any capabilities that are 
     not required to be made available to a commercial mobile 
     service provider but that the Commission determines under 
     subparagraph (B) of this paragraph or paragraph (2) are 
     necessary for an IP-enabled voice service provider to comply 
     with its obligations under subsection (a), that such 
     capabilities shall be available at the same rates, terms, and 
     conditions as would apply if such capabilities were made 
     available to a commercial mobile service provider;
       ``(2) shall require IP-enabled voice service providers to 
     which the regulations apply to register with the Commission 
     and to establish a point of contact for public safety and 
     government officials relative to 9-1-1 and enhanced 9-1-1 
     service and access; and
       ``(3) may modify such regulations from time to time, as 
     necessitated by changes in the market or technology, to 
     ensure the ability of an IP-enabled voice service provider to 
     comply with its obligations under subsection (a) and to 
     exercise its rights under subsection (b).
       ``(d) Delegation of Enforcement to State Commissions.--The 
     Commission may delegate authority to enforce the regulations 
     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

[[Page 13363]]

     community, groups representing those with disabilities, 
     technology and telecommunications providers, IP-enabled voice 
     service providers, Telecommunications Relay Service 
     providers, and other emergency communications providers and 
     others it deems appropriate.''.

                     TITLE II--PARITY OF PROTECTION

     SEC. 201. LIABILITY.

       (a) Amendments.--Section 4 of the Wireless Communications 
     and Public Safety Act of 1999 (47 U.S.C. 615a) is amended--
       (1) by striking ``PARITY OF PROTECTION FOR PROVISION OR USE 
     OF WIRELESS SERVICE.'' in the section heading and inserting 
     ``SERVICE PROVIDER PARITY OF PROTECTION.'';
       (2) in subsection (a)--
       (A) by striking ``wireless carrier,'' and inserting 
     ``wireless carrier, IP-enabled voice service provider, or 
     other emergency communications provider,'';
       (B) by striking ``its officers'' the first place it appears 
     and inserting ``their officers'';
       (C) by striking ``emergency calls or emergency services'' 
     and inserting ``emergency calls, emergency services, or other 
     emergency communications services'';
       (3) in subsection (b)--
       (A) by striking ``using wireless 9-1-1 service shall'' and 
     inserting ``using wireless 9-1-1 service, or making 9-1-1 
     communications via IP-enabled voice service or other 
     emergency communications service, shall''; and
       (B) by striking ``that is not wireless'' and inserting 
     ``that is not via wireless 9-1-1 service, IP-enabled voice 
     service, or other emergency communications service''; and
       (4) in subsection (c)--
       (A) by striking ``wireless 9-1-1 communications, a PSAP'' 
     and inserting ``9-1-1 communications via wireless 9-1-1 
     service, IP-enabled voice service, or other emergency 
     communications service, a PSAP''; and
       (B) by striking ``that are not wireless'' and inserting 
     ``that are not via wireless 9-1-1 service, IP-enabled voice 
     service, or other emergency communications service''.
       (b) Definition.--Section 7 of the Wireless Communications 
     and Public Safety Act of 1999 (as redesignated by section 
     101(1) of this Act) is further amended by adding at the end 
     the following new paragraphs:
       ``(8) Other emergency communications service.--The term 
     `other emergency communications service' means the provision 
     of emergency information to a public safety answering point 
     via wire or radio communications, and may include 9-1-1 and 
     enhanced 9-1-1 service.
       ``(9) Other emergency communications service provider.--The 
     term `other emergency communications service provider' 
     means--
       ``(A) an entity other than a local exchange carrier, 
     wireless carrier, or an IP-enabled 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.
  The SPEAKER pro tempore. Is there objection to the original 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.
  Mr. GORDON of Tennessee. Madam Speaker, I rise today to offer 
unanimous consent to consider the Senate amendment to

[[Page 13364]]

H.R. 3403, the New and Emerging Technologies 911 Improvement Act of 
2008.
  When Americans dial 911, they expect the call will go through, 
regardless of what phone they use. That is why Congress acted in 1999 
and 2004 to ensure all Americans had access to 911 services on their 
wireless phones.
  Congress now needs to act to ensure that all Americans have access to 
lifesaving 911 services on their Voice over the Internet Protocol or 
VoIP phones and other new technologies.
  When I first drafted this legislation in 2005, the intent was to 
integrate VoIP phones into the Nation's 911 system. Since then the bill 
has been expanded to include nonvoice technologies used by the deaf and 
hard of hearing community and other innovative technologies that will 
exponentially improve public safety for all Americans.
  Specifically, the bill will provide VoIP phone service providers 
direct access to the 911 system at the same rates, terms and 
conditions, as wireless phone providers. The bill also authorizes VoIP 
service providers to share customer location information with public 
safety answering points, PSAPs. This will ensure VoIP services 
providers can provide full E-911 services to their customers.
  The bill extends existing State laws protecting 911 calls made using 
wireline and wireless phones to not only VoIP 911 calls, but also to 
any service obligated by the FCC to provide 911 in future, and any 
service that coordinates with local 911 authorities to offer voluntary 
911 emergency services. This will include Video Relay Services and text 
service used by the deaf and hard of hearing, and new car based 911 
services.
  By doing this, we will encourage the rapid deployment of innovative 
new lifesaving 911 technologies, rather than wait for Congress to 
extend essential liability protections to new technologies.
  The bill preserves State, Tribal and local governments' authority to 
levy 911 fees and stops such fees from being diverted for non 911 
purposes.
  Finally, the legislation seeks to modernize the Nation's 911 system 
by requiring the National 911 Coordination Office to establish a 
national plan to move to an IP-based emergency response network, and 
allowing 911 PSAP grants to be used for IP-based equipment.
  Today's 911 system uses 30-year-old wire and switch technology. 
Moving to an IP-based system will enable PSAPs for the first time to be 
interoperable with each other and other first responders. It will also 
allow them to handle a range of technologies--digital or analog, 
wireless phone, video, text messaging, data, satellite, VoIP, 
translation services and even maps of buildings. And it will allow 
PSAPs to stay operating even if the phone system goes down or their 
physical locations are destroyed. Events like 9/11 and Hurricane 
Katrina where 911 systems were overwhelmed highlight why a robust IP 
based 911 system must be a priority.
  H.R. 3403 is supported by the National Emergency Numbering 
Association, the VON Coalition, the National Cable & Telecommunications 
Association, Earthlink, Inc, the Coalition of Organizations for 
Accessible Technology, Motorola, Intrado, the TeleCommunications 
Systems, Inc., and the U.S. Telecommunications Association.
  I want to thank the Energy and Commerce Committee and its staff for 
the bipartisan effort to move this bill quickly.
  I also want to thank Senator Ted Stevens, Senator Bill Nelson, the 
Senate sponsor of the bill, and the co-chairs of E-911 Congressional 
Caucus Representative Anna Eshoo, Representative John Shimkus, Senator 
Hillary Clinton.
  Working collaboratively with public safety, the deaf and disabled 
community and the communications industry, we have produced a bill that 
will greatly improve 911 services in America today and for the future.
  I'll close by encouraging my colleagues to vote for this bill.
  The motion was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________