[Congressional Record (Bound Edition), Volume 154 (2008), Part 2]
[Senate]
[Pages 2562-2565]
[From the U.S. Government Publishing Office, www.gpo.gov]




     IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY ACT OF 2007

  Mr. NELSON of Florida. Mr. President, I have a unanimous consent 
request that has been cleared on both sides. I ask unanimous consent 
that the Senate proceed to the immediate consideration of Calendar No. 
327, S. 428.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 428) to amend the Wireless Communications and 
     Public Safety Act of 1999, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``IP-Enabled Voice 
     Communications and Public Safety Act of 2007''.

     SEC. 2. DUTY TO PROVIDE 9-1-1 AND E-9-1-1 SERVICE.

       (a) In General.--The Wireless Communications and Public 
     Safety Act of 1999 (47 U.S.C. 615 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS.

       ``(a) In General.--It shall be the duty of every IP-enabled 
     voice service provider engaged in interstate or foreign 
     communication to provide 9-1-1 service, including enhanced 9-
     1-1 service, to its subscribers in accordance with orders of 
     the Commission in effect on the date of enactment of the IP-
     Enabled Voice Communications and Public Safety Act of 2007, 
     as such orders may be modified by the Commission from time to 
     time.
       ``(b) Access to 9-1-1 Components.--
       ``(1) Regulations.--Within 90 days after the date of 
     enactment of the IP-Enabled Voice Communications and Public 
     Safety Act of 2007, the Commission shall issue regulations 
     granting IP-enabled voice service providers right of access 
     to 9-1-1 components that are necessary to provide 9-1-1 
     service, on the same rates, terms, and conditions that are 
     provided to commercial mobile service providers. In 
     promulgating the regulations, the Commission shall take into 
     account any technical, network security, or information 
     privacy issues that are specific to IP-enabled voice 
     services, including the security of 9-1-1 networks. The 
     Commission 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 service and 
     access.
       ``(2) Delegation of enforcement to state commissions.--The 
     Commission may delegate authority to enforce the regulations 
     issued under paragraph (1) to State commissions or other 
     State agencies or programs with jurisdiction over emergency 
     communications.
       ``(c) Savings Clause.--Nothing in the IP-Enabled Voice 
     Communications and Public Safety Act of 2007 shall be 
     construed as repealing or otherwise altering, modifying, 
     affecting, or superseding Federal regulations obligating an 
     IP-enabled voice service provider to provide 9-1-1 service or 
     enhanced 9-1-1 service.
       ``(d) Limitation on Commission.--Nothing in this section 
     shall be construed to permit the Commission to issue 
     regulations that require or impose a specific technology or 
     technological standard.
       ``(e) FCC Authority to Require 9-1-1 Service.--The Federal 
     Communications Commission is authorized to require other 
     providers of communications services using wire or radio 
     communication in interstate or foreign commerce to provide 9-
     1-1 service, including enhanced 9-1-1 service, to users for 
     the purpose of promoting safety of life and property.''.
       (b) Definitions.--Section 6 of the Wireless Communications 
     and Public Safety Act of 1999 (47 U.S.C. 615b) is amended by 
     adding at the end thereof the following:
       ``(8) IP-enabled voice service.--The term `IP-enabled voice 
     service' has the meaning given that term by section 9.3 of 
     the Commission's regulations (47 C.F.R. 9.3), as those 
     regulations may be amended by the Commission from time to 
     time.
       ``(9) IP-enabled 9-1-1 service.--The term `IP-enabled 9-1-1 
     service' means any 9-1-1 service provided by an IP-enabled 
     voice service provider, including enhanced IP-enabled 9-1-1 
     service.
       ``(10) Enhanced ip-enabled 9-1-1 service.--The term 
     `enhanced IP-enabled 9-1-1 service' means any enhanced 9-1-1 
     service so designated by the Federal Communications 
     Commission in its Report and Order in WC Docket Nos. 04-36 
     and 05-196, or any successor proceeding.
       ``(11) 9-1-1 component.--The term `9-1-1 component' means 
     any equipment, network, databases (including automatic 
     location information databases and master street address 
     guides), interface, selective router, trunkline, non-dialable 
     p-ANI's, or other related facility necessary for the delivery 
     and completion of 9-1-1 or E-9-1-1 calls and information 
     related to such calls, as determined by the Commission.''.

     SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF IP-
                   ENABLED VOICE SERVICE.

       (a) In General.--Section 4 of the Wireless Communications 
     and Public Safety Act of 1999 (47 U.S.C. 615a) is amended--
       (1) by striking ``carrier,'' in subsection (a) and 
     inserting ``carrier, IP-enabled voice service provider, or 
     alternative emergency communications service provider,'';
       (2) by striking ``its'' the first place it appears in 
     subsection (a) and inserting ``their'';
       (3) by striking ``emergency calls or emergency services.'' 
     in subsection (a) and inserting ``emergency calls, emergency 
     services, or alternative emergency communications 
     services.'';
       (4) by striking ``service shall'' in subsection (b) and 
     inserting ``service, or IP-enabled voice service, shall'';
       (5) by striking ``wireless.'' in subsection (b) and 
     inserting ``wireless, IP-enabled, or alternative emergency 
     communications.'';
       (6) by striking ``communications,'' in subsection (c) and 
     inserting ``communications, IP-enabled voice service 
     communications, or alternative emergency communications,''; 
     and
       (7) by striking ``wireless.'' in subsection (c) and 
     inserting ``wireless, IP-enabled, or alternative emergency 
     communications.''.
       (b) Definitions.--Section 6 of the Wireless Communications 
     and Public Safety Act of 1999 (47 U.S.C. 615b), as amended by 
     section 2(b), is further amended by adding at the end thereof 
     the following:
       ``(12) Alternative emergency communications service.--The 
     term `alternative 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 Services.
       ``(13) Alternative emergency communications service 
     provider.--The term `alternative emergency communications 
     service provider' means an entity other than a local exchange 
     carrier, wireless carrier, or an IP-enabled voice service 
     provider that is required by the Commission or, in the 
     absence of any such requirement, is specifically authorized 
     by the appropriate local or State 9-1-1 governing authority, 
     to provide alternative emergency communications services.''.

     SEC. 4. STATE AUTHORITY OF FEES.

       Nothing in this Act, the Communications Act of 1934 (47 
     U.S.C. 151 et seq.), the Wireless Communications and Public 
     Safety Act of 1999 (47 U.S.C. 615a), or any Federal 
     Communications Commission regulation or order shall prevent 
     the imposition on, or collection by, a provider of IP-enabled 
     voice services or commercial mobile service, of any fee or 
     charge specifically designated by a State, political 
     subdivision thereof, or Indian tribe for the support of 9-1-1 
     or E 099-1-1 services if that fee or charge--
       (1) for IP-enabled voice services, does not exceed the 
     amount of any such fee or charge imposed on or collected by a 
     provider of telecommunications services; and

[[Page 2563]]

       (2) is obligated or expended in support of 9-1-1 and E 099-
     1-1 services, or enhancements of such services, or other 
     emergency communications services as specified in the 
     provision of State or local law adopting the fee or charge.

     SEC. 5. FEE ACCOUNTABILITY.

       To ensure efficiency, transparency, and accountability in 
     the collection and expenditure of 9-1-1 fees, the Federal 
     Communications Commission shall submit a report within 1 year 
     after the date of enactment of this Act, and annually 
     thereafter, to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce detailing the status in each State of the 
     collection and distribution of 9-1-1 fees and include 
     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.

     SEC. 6. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

       (a) In General.--Section 158 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (2) by inserting after subsection (c) the following:
       ``(d) Migration Plan Required.--
       ``(1) National plan required.--No more than 270 days after 
     the date of the enactment of the IP-Enabled Voice 
     Communications 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) 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, to facilitate a national IP-
     enabled emergency network;
       ``(H) assess, collect, and analyze the experiences of the 
     PSAPs and related public safety authorities who are 
     conducting trial deployments of IP-enabled emergency networks 
     as of the date of enactment of the IP-Enabled Voice 
     Communications and Public Safety Act of 2007;
       ``(I) document solutions that a national IP-enabled 
     emergency network will provide for 9-1-1 access to those with 
     disabilities and needed steps to implement such solutions, 
     including a recommended timeline for such implementation; and
       ``(J) analyze technologies and efforts to provide automatic 
     location capabilities and provide recommendations on needed 
     regulatory or legislative changes necessary to implement 
     automatic location solutions for 9-1-1 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, and others it deems appropriate.''; and
       (3) by striking ``services.'' in subsection (b)(1) and 
     inserting ``services, and for migration to an IP-enabled 
     emergency network.''.
       (b) Availability of PSAP Information.--The Federal 
     Communications Commission may compile a list of public safety 
     answering point contact information, testing procedures, 
     classes and types of services supported by public safety 
     answering points, selective router contact information, or 
     other information concerning necessary 9-1-1 components, for 
     the purpose of assisting providers in complying with this 
     section, and may make any portion of such information 
     available to the public if such availability would improve 
     public safety.
       (c) Development of Standards.--The Federal Communications 
     Commission shall work cooperatively with public safety 
     organizations, industry participants, and the E-9-1-1 
     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 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.

     SEC. 7. ENFORCEMENT.

       The Commission shall enforce the Wireless Communications 
     and Public Safety Act of 1999 (47 U.S.C. 615a) as if that Act 
     were part of the Communications Act of 1934. For purposes of 
     this section, any violation of the Wireless Communications 
     and Public Safety Act of 1999 (47 U.S.C. 615a), or any 
     regulation promulgated under that Act, is deemed to be a 
     violation of the Communications Act of 1934 or a regulation 
     promulgated under the Communications Act of 1934, 
     respectively.

     SEC. 8. COMPLETION OF THE HATFIELD REPORT.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Federal Communications Commission 
     shall remit all amounts promised for the completion of an 
     update to the Report on Technical and Operational Issues 
     Impacting the Provision of Wireless Enhanced 9-1-1 Services 
     by Dale N. Hatfield filed at the Commission on October 15, 
     2002, in WT Docket No. 02-46.
       (b) Submission of Report.--Mr. Hatfield shall submit his 
     written findings as of May 1, 2006, to the Federal 
     Communications Commission not later than 60 days after 
     receiving the payment described in subsection (a).

  Mr. STEVENS. Mr. President, I congratulate the Senator from Florida 
for this bill as modified. I think it is a step in the right direction. 
I am pleased to support the bill.
  Mr. NELSON of Florida. Mr. President, I thank the distinguished 
Senator from Alaska because he has been very much a part of this 
effort, along with Senator Inouye.
  As a result of several things they did, I now ask unanimous consent 
that the amendment at the desk be considered and agreed to, the 
committee-reported substitute, as amended, be agreed to, the bill, as 
amended, be read a third time, passed, and the motion to reconsider be 
laid upon the table; and that any statements relating to the bill be 
printed in the Record, without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4086) was agreed to, as follows:

(Purpose: To clarify the FCC's authority to require 9-1-1 service, and 
                          for other purposes)

       On page 11, strike lines 1 through 7 and insert the 
     following:
       ``(e) FCC Authority To Require 9-1-1 Service.--The 
     Commission may require any provider of a voice service that 
     is a substitute for telephone exchange service (as defined in 
     section 3(47) of the Communications Act of 1934 (47 U.S.C. 
     153(47))) to provide 9-1-1 service, including enhanced 9-1-1 
     service, to its subscribers. Nothing in this subsection shall 
     limit or otherwise affect the authority of the Commission 
     under the Communications Act of 1934 (47 U.S.C. 151 et 
     seq.).''.
       On page 11, beginning in line 12, strike ``that term'' and 
     insert ``the term `Interconnected VoIP Service' ''.
       On page 11, beginning in line 14, strike ``(47 C.F.R. 9.3), 
     as those regulations may be amended by the Commission from 
     time to time.'' and insert ``(47 C.F.R. 9.3).''.
       On page 18, strike lines 8 through 17 and insert the 
     following:
       (b) Availability of PSAP Information.--The Federal 
     Communications Commission may compile a list of public safety 
     answering point contact information, as well as contact 
     information for 9-1-1 component providers, for the purpose of 
     assisting IP-enabled voice service providers and others in 
     complying with this Act and section 158(d) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942(d)) as amended by subsection 
     (a), and may make any portion of such information available 
     to the public if such availability would improve public 
     safety.
       On page 19, line 13, insert ``Federal Communications'' 
     after ``The''
       On page 20, after line 9, insert the following:
       Sec. 7. Section 2301 of the Implementing Recommendations of 
     the 9/11 Commission Act of 2007 (47 U.S.C. 901 note) is 
     amended by striking ``the `Improving Emergency Communications 
     Act of 2007'.'' and inserting ``the `911 Modernization 
     Act'.''.
  The committee amendment, in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 428), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                 S. 428

       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 ``IP-Enabled Voice 
     Communications and Public Safety Act of 2007''.

     SEC. 2. DUTY TO PROVIDE 9-1-1 AND E-9-1-1 SERVICE.

       (a) In General.--The Wireless Communications and Public 
     Safety Act of 1999 (47 U.S.C. 615 et seq.) is amended by 
     adding at the end the following:

[[Page 2564]]



     ``SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS.

       ``(a) In General.--It shall be the duty of every IP-enabled 
     voice service provider engaged in interstate or foreign 
     communication to provide 9-1-1 service, including enhanced 9-
     1-1 service, to its subscribers in accordance with orders of 
     the Commission in effect on the date of enactment of the IP-
     Enabled Voice Communications and Public Safety Act of 2007, 
     as such orders may be modified by the Commission from time to 
     time.
       ``(b) Access to 9-1-1 Components.--
       ``(1) Regulations.--Within 90 days after the date of 
     enactment of the IP-Enabled Voice Communications and Public 
     Safety Act of 2007, the Commission shall issue regulations 
     granting IP-enabled voice service providers right of access 
     to 9-1-1 components that are necessary to provide 9-1-1 
     service, on the same rates, terms, and conditions that are 
     provided to commercial mobile service providers. In 
     promulgating the regulations, the Commission shall take into 
     account any technical, network security, or information 
     privacy issues that are specific to IP-enabled voice 
     services, including the security of 9-1-1 networks. The 
     Commission 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 service and 
     access.
       ``(2) Delegation of enforcement to state commissions.--The 
     Commission may delegate authority to enforce the regulations 
     issued under paragraph (1) to State commissions or other 
     State agencies or programs with jurisdiction over emergency 
     communications.
       ``(c) Savings Clause.--Nothing in the IP-Enabled Voice 
     Communications and Public Safety Act of 2007 shall be 
     construed as repealing or otherwise altering, modifying, 
     affecting, or superseding Federal regulations obligating an 
     IP-enabled voice service provider to provide 9-1-1 service or 
     enhanced 9-1-1 service.
       ``(d) Limitation on Commission.--Nothing in this section 
     shall be construed to permit the Commission to issue 
     regulations that require or impose a specific technology or 
     technological standard.
       ``(e) FCC Authority To Require 9-1-1 Service.--The 
     Commission may require any provider of a voice service that 
     is a substitute for telephone exchange service (as defined in 
     section 3(47) of the Communications Act of 1934 (47 U.S.C. 
     153(47))) to provide 9-1-1 service, including enhanced 9-1-1 
     service, to its subscribers. Nothing in this subsection shall 
     limit or otherwise affect the authority of the Commission 
     under the Communications Act of 1934 (47 U.S.C. 151 et 
     seq.).''.
       (b) Definitions.--Section 6 of the Wireless Communications 
     and Public Safety Act of 1999 (47 U.S.C. 615b) is amended by 
     adding at the end thereof the following:
       ``(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 Commission's regulations (47 
     C.F.R. 9.3).
       ``(9) IP-enabled 9-1-1 service.--The term `IP-enabled 9-1-1 
     service' means any 9-1-1 service provided by an IP-enabled 
     voice service provider, including enhanced IP-enabled 9-1-1 
     service.
       ``(10) Enhanced ip-enabled 9-1-1 service.--The term 
     `enhanced IP-enabled 9-1-1 service' means any enhanced 9-1-1 
     service so designated by the Federal Communications 
     Commission in its Report and Order in WC Docket Nos. 04-36 
     and 05-196, or any successor proceeding.
       ``(11) 9-1-1 component.--The term `9-1-1 component' means 
     any equipment, network, databases (including automatic 
     location information databases and master street address 
     guides), interface, selective router, trunkline, non-dialable 
     p-ANI's, or other related facility necessary for the delivery 
     and completion of 9-1-1 or E-9-1-1 calls and information 
     related to such calls, as determined by the Commission.''.

     SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF IP-
                   ENABLED VOICE SERVICE.

       (a) In General.--Section 4 of the Wireless Communications 
     and Public Safety Act of 1999 (47 U.S.C. 615a) is amended--
       (1) by striking ``carrier,'' in subsection (a) and 
     inserting ``carrier, IP-enabled voice service provider, or 
     alternative emergency communications service provider,'';
       (2) by striking ``its'' the first place it appears in 
     subsection (a) and inserting ``their'';
       (3) by striking ``emergency calls or emergency services.'' 
     in subsection (a) and inserting ``emergency calls, emergency 
     services, or alternative emergency communications 
     services.'';
       (4) by striking ``service shall'' in subsection (b) and 
     inserting ``service, or IP-enabled voice service, shall'';
       (5) by striking ``wireless.'' in subsection (b) and 
     inserting ``wireless, IP-enabled, or alternative emergency 
     communications.'';
       (6) by striking ``communications,'' in subsection (c) and 
     inserting ``communications, IP-enabled voice service 
     communications, or alternative emergency communications,''; 
     and
       (7) by striking ``wireless.'' in subsection (c) and 
     inserting ``wireless, IP-enabled, or alternative emergency 
     communications.''.
       (b) Definitions.--Section 6 of the Wireless Communications 
     and Public Safety Act of 1999 (47 U.S.C. 615b), as amended by 
     section 2(b), is further amended by adding at the end thereof 
     the following:
       ``(12) Alternative emergency communications service.--The 
     term `alternative 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 Services.
       ``(13) Alternative emergency communications service 
     provider.--The term `alternative emergency communications 
     service provider' means an entity other than a local exchange 
     carrier, wireless carrier, or an IP-enabled voice service 
     provider that is required by the Commission or, in the 
     absence of any such requirement, is specifically authorized 
     by the appropriate local or State 9-1-1 governing authority, 
     to provide alternative emergency communications services.''.

     SEC. 4. STATE AUTHORITY OF FEES.

       Nothing in this Act, the Communications Act of 1934 (47 
     U.S.C. 151 et seq.), the Wireless Communications and Public 
     Safety Act of 1999 (47 U.S.C. 615a), or any Federal 
     Communications Commission regulation or order shall prevent 
     the imposition on, or collection by, a provider of IP-enabled 
     voice services or commercial mobile service, of any fee or 
     charge specifically designated by a State, political 
     subdivision thereof, or Indian tribe for the support of 9-1-1 
     or E 099-1-1 services if that fee or charge--
       (1) for IP-enabled voice services, does not exceed the 
     amount of any such fee or charge imposed on or collected by a 
     provider of telecommunications services; and
       (2) is obligated or expended in support of 9-1-1 and E 099-
     1-1 services, or enhancements of such services, or other 
     emergency communications services as specified in the 
     provision of State or local law adopting the fee or charge.

     SEC. 5. FEE ACCOUNTABILITY.

       To ensure efficiency, transparency, and accountability in 
     the collection and expenditure of 9-1-1 fees, the Federal 
     Communications Commission shall submit a report within 1 year 
     after the date of enactment of this Act, and annually 
     thereafter, to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce detailing the status in each State of the 
     collection and distribution of 9-1-1 fees and include 
     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.

     SEC. 6. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

       (a) In General.--Section 158 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (2) by inserting after subsection (c) the following:
       ``(d) Migration Plan Required.--
       ``(1) National plan required.--No more than 270 days after 
     the date of the enactment of the IP-Enabled Voice 
     Communications 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) 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, to facilitate a national IP-
     enabled emergency network;
       ``(H) assess, collect, and analyze the experiences of the 
     PSAPs and related public safety authorities who are 
     conducting trial deployments of IP-enabled emergency networks 
     as of the date of enactment of the IP-Enabled Voice 
     Communications and Public Safety Act of 2007;
       ``(I) document solutions that a national IP-enabled 
     emergency network will provide for 9-1-1 access to those with 
     disabilities and needed steps to implement such solutions, 
     including a recommended timeline for such implementation; and
       ``(J) analyze technologies and efforts to provide automatic 
     location capabilities and provide recommendations on needed 
     regulatory or legislative changes necessary to implement 
     automatic location solutions for 9-1-1 purposes.

[[Page 2565]]

       ``(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, and others it deems appropriate.''; and
       (3) by striking ``services.'' in subsection (b)(1) and 
     inserting ``services, and for migration to an IP-enabled 
     emergency network.''.
       (b) Availability of PSAP Information.--The Federal 
     Communications Commission may compile a list of public safety 
     answering point contact information, as well as contact 
     information for 9-1-1 component providers, for the purpose of 
     assisting IP-enabled voice service providers and others in 
     complying with this Act and section 158(d) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942(d)) as amended by subsection 
     (a), and may make any portion of such information available 
     to the public if such availability would improve public 
     safety.
       (c) Development of Standards.--The Federal Communications 
     Commission shall work cooperatively with public safety 
     organizations, industry participants, and the E-9-1-1 
     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 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.

     SEC. 7. ENFORCEMENT.

       The Federal Communications Commission shall enforce the 
     Wireless Communications and Public Safety Act of 1999 (47 
     U.S.C. 615a) as if that Act were part of the Communications 
     Act of 1934. For purposes of this section, any violation of 
     the Wireless Communications and Public Safety Act of 1999 (47 
     U.S.C. 615a), or any regulation promulgated under that Act, 
     is deemed to be a violation of the Communications Act of 1934 
     or a regulation promulgated under the Communications Act of 
     1934, respectively.

     SEC. 8. COMPLETION OF THE HATFIELD REPORT.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Federal Communications Commission 
     shall remit all amounts promised for the completion of an 
     update to the Report on Technical and Operational Issues 
     Impacting the Provision of Wireless Enhanced 9-1-1 Services 
     by Dale N. Hatfield filed at the Commission on October 15, 
     2002, in WT Docket No. 02-46.
       (b) Submission of Report.--Mr. Hatfield shall submit his 
     written findings as of May 1, 2006, to the Federal 
     Communications Commission not later than 60 days after 
     receiving the payment described in subsection (a).

     SEC. 9. 9/11 COMMISSION ACT OF 2007.

       Section 2301 of the Implementing Recommendations of the 9/
     11 Commission Act of 2007 (47 U.S.C. 901 note) is amended by 
     striking ``the `Improving Emergency Communications Act of 
     2007'.'' and inserting ``the `911 Modernization Act'.''.
  Mr. NELSON of Florida. Mr. President, I thank the Senate. This has 
been 2 years coming because 2 years ago, a young mother in Deltona, FL, 
which is north of Orlando in Volusia County, watched her baby die as 
she tried in vain to reach emergency 911. She had a telephone that she 
did not realize, because it was voice over the Internet, there was no 
provision for emergency 911 services.
  Following that tragedy of the death of that child, where a 911 
emergency response team never arrived because they did not receive the 
call, we introduced this bipartisan legislation that requires all VOIP 
providers to offer the emergency 911 service, and this legislation 
gives them the tools they need in order to do that.
  We have been working on this legislation a long time. It passed the 
Commerce Committee unanimously in 2005. It was also added to a Senate 
port security bill in 2006, and then the conference committee stripped 
it out.
  Since the bill was first introduced, to the credit of the Federal 
Communications Commission, they took some action to require that VOIP 
customers have full access to the emergency 911. We appreciate that 
very much. But there are holes in those regulations. Those holes need 
to be filled, and this legislation we passed tonight--and is very 
similar to a House bill that passed a couple of months ago--will fill 
those legislative holes.
  This legislation will resolve any remaining questions regarding the 
Federal Communications Commission jurisdiction over VOIP services by 
requiring full access to 911 service by the VOIP customers.
  This bill also resolves any issues relating to the potential 
liability of the VOIP providers that offer access to 911 services. The 
legislation also requires the national E-911 Implementation 
Coordination Office to work with industry to oversee the next 
generation of emergency 911 network.
  This network is going to be resilient and redundant. It is going to 
allow 911 calls to automatically be routed to a functional 911 call 
center in the event of a disaster. Think about what happened down in 
New Orleans during Katrina. We had a certain way these 911 calls had to 
go to get to the emergency call center. Some of those lines were out of 
service, and so those calls never got there.
  This new system is going to send these little packets of information 
in any route it can to get to that call center. It is going to be 
redundant, it is going to be resilient so we will not have a repeat of 
people desperately down in New Orleans making 911 calls and not getting 
a response.
  This is a chart that pretty well depicts that every day thousands of 
Americans rely on these call centers so they can reach responders, and 
every day we have to wait to upgrade the network and those lives are at 
risk.
  We have gone all the way from just the rotary service telephones to 
the future, where we have something like these iPhones we have today 
that have so many different services on them. We need a system that can 
get this emergency service through these new kinds of mechanisms. That 
is what we are going to do.
  Going back to this terrible tragedy that happened a couple years ago 
in my State, this is just one newspaper headline that said trying to 
get that 911 call, it couldn't go because there was not a provision in 
VOIP.
  Lives have been lost. Lives were at risk. They are still at risk 
until we can get this legislation signed into law. I am extremely 
grateful to the Senate for having passed this legislation tonight.

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