[House Report 105-768]
[From the U.S. Government Publishing Office]
105th Congress Rept. 105-768
HOUSE OF REPRESENTATIVES
2d Session Part 1
_______________________________________________________________________
WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1998
_______
October 2, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Bliley, from the Committee on Commerce, submitted the following
R E P O R T
[To accompany H.R. 3844]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, to whom was referred the bill
(H.R. 3844) to promote and enhance public safety through use of
9-1-1 as the universal emergency assistance number, further
deployment of wireless 9-1-1 service, support of States in
upgrading 9-1-1 capabilities and related functions,
encouragement of construction and operation of seamless,
ubiquitous and reliable networks for personal wireless
services, and ensuring access to Federal Government property
for such networks, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 9
Background and Need for Legislation.............................. 10
Hearings......................................................... 12
Committee Consideration.......................................... 13
Rollcall Votes................................................... 13
Committee Oversight Findings..................................... 13
Committee on Government Reform and Oversight..................... 13
New Budget Authority, Entitlement Authority, and Tax Expenditures 13
Committee Cost Estimate.......................................... 14
Congressional Budget Office Estimate............................. 14
Federal Mandates Statement....................................... 18
Advisory Committee Statement..................................... 18
Constitutional Authority Statement............................... 19
Applicability to Legislative Branch.............................. 19
Committee Correspondence......................................... 19
Section-by-Section Analysis of the Legislation................... 26
Changes in Existing Law Made by the Bill, as Reported............ 33
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless Communications and Public
Safety Act of 1998''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the establishment and maintenance of an end-to-end
communications infrastructure among members of the public,
emergency safety, fire service and law enforcement officials,
and hospital emergency and trauma care facilities will reduce
response times for the delivery of emergency care, assist in
delivering appropriate care, and thereby prevent fatalities,
substantially reduce the severity and extent of injuries,
reduce time lost from work, and save thousands of lives and
billions of dollars in health care costs;
(2) the rapid, efficient deployment of emergency
telecommunications service requires statewide coordination of
the efforts of local public safety, fire service and law
enforcement officials, the establishment of sources of adequate
funding for carrier and public safety, fire service and law
enforcement agency technology development and deployment, and
the designation of 911 as the number to call in emergencies
throughout the Nation;
(3) emerging technologies such as automatic crash
notification systems can be a critical component of the end-to-
end communications infrastructure connecting the public with
emergency medical service providers and emergency dispatch
providers, public safety, fire service and law enforcement
officials, and hospital emergency and trauma care facilities,
to reduce emergency response times and provide appropriate
care;
(4) improved public safety remains an important public health
objective of Federal, State, and local governments and
substantially facilitates interstate and foreign commerce;
(5) the benefits of wireless communications in emergencies
will be enhanced by--
(A) the establishment of a program to improve safety
through grants to States to develop integrated enhanced
wireless 911 services and to support State programs to
address risks to the safety of members of the public
from driving under the influence of alcohol or illegal
drugs, driving aggressively, or other driving behavior
that poses a risk to such safety; and
(B) investments in research on and development of
automatic crash notification and related matters;
(6) emergency care systems, particularly in rural areas of
the Nation, will improve with the enabling of prompt
notification of emergency services when motor vehicle crashes
occur; and
(7) the construction and operation of seamless, ubiquitous,
and reliable wireless telecommunications systems promote public
safety and provide immediate and critical communications links
among members of the public, emergency medical service
providers and emergency dispatch providers, public safety, fire
service and law enforcement officials, and hospital emergency
and trauma care facilities.
(b) Purpose.--The purpose of this Act is to encourage and facilitate
the prompt deployment throughout the United States of a seamless,
ubiquitous, and reliable end-to-end infrastructure for communications,
including wireless communications, to meet the Nation's public safety
and other communications needs.
SEC. 3. UNIVERSAL EMERGENCY TELEPHONE NUMBER.
Section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e))
is amended by adding at the end the following new paragraph:
``(3) Universal emergency telephone number.--The Commission
and any agency or entity to which the Commission has delegated
authority under this subsection shall designate 911 as the
universal emergency telephone number within the United States
for reporting an emergency to appropriate authorities and
requesting assistance. Such designation shall apply to both
wireline and wireless telephone service. In making such
designation, the Commission (and any such agency or entity)
shall provide appropriate transition periods for areas in which
911 is not in use as an emergency telephone number on the date
of enactment of the Wireless Communications and Public Safety
Act of 1998.''.
SEC. 4. WIRELESS COMMUNICATIONS AND PUBLIC SAFETY FUND.
(a) Establishment of the WICAPS Fund.--There is hereby established in
the Treasury a fund to be known as the Wireless Communications and
Public Safety Fund.
(b) Administration of the WICAPS Fund.--The Secretary of Treasury
shall administer the WICAPS Fund in accordance with this Act.
(c) Investment and Retention of Earnings.--It shall be the duty of
the Secretary of the Treasury to invest such portion of the WICAPS Fund
as is not, in the Secretary of the Treasury's judgment, required to
meet current withdrawals. Such investments may be made only in
interest-bearing obligations of the United States. The interest on, and
the proceeds from the sale or redemption of, any obligationsheld in the
WICAPS Fund shall be credited to and form a part of the WICAPS Fund.
SEC. 5. ASSISTANCE TO STATES.
(a) Population-Based Matching Grants To Implement State Plans.--
(1) In general.--From the amounts available under section
11(d)(1), the Secretary shall make grants to States in
accordance with the requirements of this subsection.
(2) State plans.--Any State seeking to obtain a grant under
this subsection shall submit to the Secretary a plan for the
administration of the grant. Such plan shall--
(A) contain a certification by the Governor or the
Governor's designee that the State--
(i) will implement the designation of 911 as
a universal emergency telephone number in such
State for reporting an emergency to appropriate
authorities and requesting assistance;
(ii) has in place policies to encourage
members of the public to report significant
risks to the safety of members of the traveling
public, such as incidents of driving under the
influence of alcohol or illegal drugs, driving
aggressively, or other driving behavior that
poses a risk to such safety;
(iii) will make significant efforts to
minimize, such as through youth and adult
driver education, driving behavior that poses a
risk to the safety of members of the public;
(iv) will provide from non-Federal sources
for carrying out the purposes of the grant an
amount equal to not less than one-fourth of the
amount of the grant, and will not provide such
required amount from any surcharge or tax on
wireless carriers or subscribers; and
(v) has consulted in the development of the
plan, and will consult in the implementation of
the plan, with State and local officials
responsible for emergency services and public
safety, the telecommunications industry
(specifically including the cellular and other
wireless telecommunications elements of the
industry), the motor vehicle manufacturing
industry, emergency medical service providers
and emergency dispatch providers, special 911
districts, public safety, fire service and law
enforcement officials, consumer groups, and
hospital emergency and trauma care personnel
(including emergency physicians, trauma
surgeons, and nurses);
(B) provide for coordination on a statewide basis, by
an entity designated by the Governor of the State, of
deployment and functioning of a comprehensive end-to-
end emergency communications system, including enhanced
wireless 911 service;
(C) contain a description of the mechanisms used in
the State for wireless carrier recovery of costs
related to the provision of automatic numbering
identification and call location services in response
to a request from a PSAP;
(D) describe the activities to be undertaken with the
grant to achieve the purposes set forth in paragraph
(4);
(E) identify any entity that will be used to
administer the grant in accordance with subsection (c);
(F) provide such assurances as the Secretary may
require that the grant funds will be used to implement
the plan consistent with the provisions of this Act.
(3) Allocation of grants on the basis of population.--
(A) In general.--The Secretary shall allocate the
amount available under section 11(d)(1) for any fiscal
year among States submitting plans in accordance with
paragraph (2) for such fiscal year. The amount of each
such grant shall be equal to the amount that bears the
same ratio to the amount available under section
11(d)(1) for such fiscal year as the population of each
State bears to the total population of the States
submitting such plans, as determined in the most recent
decennial census of the United States.
(B) Reallocation of unmatched amounts.--If any
amounts remain unallocated because one or more States
provide a smaller matching amount under paragraph
(2)(A)(iv) than is required to obtain the full grant
amount under subparagraph (A) of this paragraph, the
Secretary shall reallocate such remaining amounts among
the other States (meeting such matching amount) in
proportion to the amounts allocated under subparagraph
(A).
(4) Use of funds.--Funds made available by a grant under this
subsection may be used for any one or more of the following
purposes:
(A) payment of costs associated with acquisition,
upgrade, or modification of equipment to be used by
units of States or of political subdivisions thereof
(including PSAPs) for receipt of enhanced wireless 911
service information; and
(B) emergency prevention, educational, or pre-
hospital emergency medical programs or expenditures
which will utilize or make effective the end-to-end
system envisioned by this Act.
(b) Rural Assistance Grants to States.--
(1) In general.--From the amounts available under section
11(d)(2), the Secretary shall make grants to States in
accordance with the requirements of this subsection to assist
in ensuring the achievement of the purpose of this Act in rural
areas of the United States.
(2) State plans.--Any State seeking to obtain a grant under
this subsection shall submit to the Secretary a plan for the
administration of the grant. Such plan shall comply with the
requirements set forth in subsection (a)(2).
(3) Amount of grants.--The amount of the grant under this
subsection shall be such amount as the Secretary deems
appropriate to assist in ensuring the achievement of the
purpose of this Act in rural areas of the State.
(4) Use of funds.--Funds made available by a grant under this
subsection may be used for any of the purposes set forth in
subsection (a)(4).
(c) Disbursement of Grant Funds.--
(1) Direct or indirect disbursement permitted.--A State that
receives a grant under this section may--
(A) directly administer funds provided by a grant
under subsection (a) or (b) (or both); or
(B) administer such funds through governmental
entities of that State, political subdivisions of that
State or entities thereof, or eligible nongovernmental
entities, if--
(i) the system with which the entity or
subdivision is associated uses the number 911
as a universal emergency telephone number; or
(ii) a purpose of the disbursements is to
enable such system to use the number 911 as a
universal emergency telephone number.
(2) Eligible nongovernmental entities.--For purposes of
paragraph (1), an eligible nongovermental entity is an entity
that provides public safety services or administrative services
on behalf of a State government.
(d) Dual Grants Permitted.--A State may, in any fiscal year, obtain a
grant under either or both of subsections (a) and (b).
SEC. 6. RESEARCH AND DEVELOPMENT ON CRASH INFORMATION SYSTEMS.
(a) Program Authorized.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a program to
provide, from amounts appropriated from the WICAPS Fund under section
11(b)(1), investments in research and development of--
(1) an end-to-end automatic crash notification system that,
in the event of a crash of a motor vehicle, would automatically
use a wireless telephone or other communications system in that
vehicle to transmit information about the crash to the
appropriate emergency personnel; and
(2) an interface in motor vehicles that permits all models of
wireless telephones--
(A) to transmit crash data; and
(B) to be voice-activated, allowing hands-free use.
(b) Consultation with Interested Parties.--The Secretary shall
consult with representatives of the personal wireless services and
equipment industry, the motor vehicle manufacturing industry, the
public safety community, and the medical community in planning the
research and development investments described in subsection (a).
(c) Use of Funds.--
(1) Authorized uses.--The investments for which subsection
(a)(1) provides shall include investments conducted by trauma
centers in coordination with other providers of emergency
medical services for the purpose of--
(A) establishing decision protocols for the use of
data obtained from such systems;
(B) training emergency personnel in the use of such
data;
(C) establishing standardized methods to assess the
added value of an end-to-end automatic crash
notification system and to identify the factors causing
changes in injury patterns of motor vehicle crashes;
and
(D) developing models for incorporating the use of
such data into emergency systems throughout the United
States.
(2) Geographic distribution.--The centers for which paragraph
(1) provides shall reflect a cross section of the geographic
diversity, population characteristics, and climatic features of
the United States.
SEC. 7. RADIOFREQUENCY STUDY.--
(a) Findings.--The Congress finds that--
(1) there is a significant international body of scientific
knowledge on electromagnetic energy and wireless telephones;
(2) the United States should add to this body of knowledge
through the conduct of appropriate research that is coordinated
with other international research efforts; and
(3) representatives of the scientific community and the
industry can provide information and expertise that would be
valuable to the research authorized by this subsection.
(b) Study.--
(1) In general.--Subject to the availability of
appropriations pursuant to section 11(b)(2), the Food and Drug
Administration shall conduct a 2-year animal bioassay of
radiofrequency emissions from wireless telephones operating on
frequencies between 825 and 1900 megahertz, inclusive.
(2) Coordination and Principles.--To the maximum extent
practicable, the study described in paragraph (1) shall--
(A) be consistent with the global research needs on
such matters as set forth by the International
Electromagnetic Frequency Project of the World Health
Organization; and
(B)(i) be scientifically objective;
(ii) provide a careful analysis of the weight of the
evidence; and
(iii) provide a description of the results of such
research that, based upon the weight of scientific
evidence as found in the study, characterizes such
findings in a scientifically objective, impartial
manner, neither minimizing nor exaggerating risks to
human health.
(c) Advisory panel.--The Commissioner of the Food and Drug
Administration shall, after consultation with the Center for Devices
and Radiological Health and representatives of the scientific community
and the wireless industry, designate a panel of scientific and industry
experts to advise the Food and Drug Administration, on an ongoing
basis, on the preparation, conduct, and evaluation of the study
described in subsection (b)(1). Such panel shall provide advice on--
(1) the scope of the investigation;
(2) the appropriate transmission modalities to be studied;
(3) dosimetry techniques and measurements;
(4) other relevant scientific studies;
(5) engineering and properties of radiofrequency
transmissions from wireless telephones; and
(6) other matters relevant to such study.
(d) Attendance at meetings.--Subject to the availability of funds
appropriated pursuant to section 11(b)(2), the Food and Drug
Administration may use such funds to provide for attendance by Food and
Drug Administration personnel at scientific symposia and other meetings
related to the subject matter of the study described in subsection
(b)(1), including such meetings convened under the auspices of the
International Electromagnetic Frequency Project of the World Health
Organization, to ensure full participation by the United States in the
international research in such matters.
SEC. 8. EMERGENCY SERVICES SUPPORT FROM USE OF FEDERAL PROPERTY.
Section 704 of the Telecommunications Act of 1996 is amended by
inserting after subsection (c) (47 U.S.C. 332 nt) the following new
subsection:
``(d) Use of Federal Property to Provide Personal Wireless
Services.--
``(1) Policy.--It is the policy of the United States to
encourage rapid construction and expansion of the wireless
communications infrastructure in the United States and, to that
end, to make the real property of the United States Government
available to the maximum extent practicable for the siting of
facilities that are part of that infrastructure.
``(2) Availability of federal property for personal wireless
services.--Not later than 60 days after a department, agency,
officer, or instrumentality of the United States with control
of real property (including rights-of-way and easements) owned
by the United States receives a request containing the
information set forth in paragraph (5) from a provider of
personal wireless services for access to and use of such real
property for siting of facilities used inproviding such
services, the department, agency, officer, or instrumentality shall
make that real property available on a fair, reasonable, and
nondiscriminatory basis and at not more than a reasonable fee (which
shall in no event exceed fair market value), to the provider for that
purpose, unless and to the extent that the head of the department,
agency, officer, or instrumentality determines and notifies the
provider prior to the expiration of that 60-day period that making such
real property available will present an unavoidable direct conflict
with--
``(A) the mission of the department, agency, or
instrumentality; or
``(B) the current use of the real property or the use
of the real property that was planned at the time of
the request.
``(3) Favorable decision.--Unless the department, agency,
officer, or instrumentality determines pursuant to paragraph
(2) that an unavoidable conflict exists (as described in such
paragraph), such department, agency, officer, or
instrumentality shall, within 90 days after the date of the
receipt of the request under paragraph (2), execute any
documents, such as a lease, that are necessary to implement the
request.
``(4) Unfavorable decision.--With regard to a request under
paragraph (2), a department, agency, officer, or
instrumentality shall not make a determination that an
unavoidable conflict exists (as described in such paragraph)
unless--
``(A) an opportunity for an informal hearing is
afforded to interested persons commencing within 60
days, and concluding within 90 days, after receipt of
the request and prior to the making of the
determination;
``(B) the determination is in writing, constitutes a
final agency action, and discloses the specific grounds
therefor.
``(5) Information required in request for access to and use
of federal property.--A request by a provider of personal
wireless services under paragraph (2) shall contain the
following information:
``(A) The name, address and telephone number of the
provider and the provider's authorized or legal
representative for the request.
``(B) Site-specific identification of the real
property to which access is requested, such as a
specific building name and address or site latitude and
longitude.
``(C) The type and size of antenna installation and
support required for the provider's proposed wireless
site, including access to the site, utility
requirements, acreage of land, or foot-pound capacity
for rooftops, and any special site modification
requirements.
``(D) A summary of antenna specifications, including
frequencies.
``(E) The term of the requirement for use of the real
property.
``(F) The terms of removal of the equipment and
structures or property restoration.
``(G) A description of any project or larger antenna
program to which the site relates.
``(H) A description of methods of achieving
compliance with any applicable environmental or
historic preservation statutes.
``(6) Judicial review.--A provider of personal wireless
services adversely affected by a final action or failure to act
by a department, agency, officer, or instrumentality concerning
a request under paragraph (2) (including any decision relating
to a fair, reasonable, and nondiscriminatory basis for access
and use or what constitutes a reasonable fee) may obtain
judicial review of the action or failure to act in accordance
with the provisions of chapter 7 of title 5 of the United
States Code, except that the burden shall be on the department,
agency, officer, or instrumentality to sustain its action.
``(7) Regulatory compliance.--A request under paragraph (2)
and the access to and use of real property pursuant to this
subsection shall be subject to environmental processing only
under subpart I of part 1 of title 47 of the Code of Federal
Regulations.
``(8) Avoidance of redundant regulations.--Bulletins issued
by the Administrator of General Services pursuant to subsection
(c) of this section shall continue to apply, to the extent
otherwise consistent with this subsection, to the
administration of this subsection until modified or superseded
by the Administrator as necessary for the purposes of this
subsection.
``(9) Definitions.--As used in this subsection:
``(A) The term `instrumentality of the United States'
includes any independent establishment of the United
States.
``(B) The term `personal wireless services' has the
meaning specified for that term in section
332(c)(7)(C)(i) of the Communications Act of 1934 (47
U.S.C. 332(c)(7)(C)(i)).
``(C) Facilities used in the provision of personal
wireless services are the antenna and supporting
equipment, including ground-based electronics connected
to such equipment, for the provision of such
service.''.
SEC. 9. PARITY OF PROTECTION FOR PROVISION OR USE OF WIRELESS SERVICE.
(a) Provider Parity.--A wireless carrier, and its officers,
directors, employees, vendors, and agents, shall have immunity or other
protection from liability of a scope and extent that is not less than
the scope and extent of immunity or other protection from liability in
a particular jurisdiction that a local exchange company, and its
officers, directors, employees, vendors, or agents, have under Federal
and State law applicable in such jurisdiction with respect to wireline
services, including in connection with an act or omission involving--
(1) development, design, installation, operation,
maintenance, performance, or provision of wireless service;
(2) transmission errors, failures, network outages, or other
technical difficulties that may arise in the course of
transmitting or handling emergency calls or providing emergency
services (including wireless 911 service); and
(3) release to a PSAP, emergency medical service provider or
emergency dispatch provider, public safety, fire service or law
enforcement official, or hospital emergency or trauma care
facility of subscriber information related to emergency calls
or emergency services involving use of wireless services.
(b) User Parity.--A person using wireless 911 service shall have
immunity or other protection from liability in a particular
jurisdiction of a scope and extent that is not less than the scope and
extent of immunity or other protection from liability under Federal or
State law applicable in such jurisdiction in similar circumstances of a
person using 911 service that is not wireless.
(c) Exception for State Legislative Action.--The immunity or other
protection from liability required by subsection (a)(1) shall not apply
in any State that, prior to the expiration of 2 years after the date of
enactment of this Act, enacts a statute that specifically refers to
this section and establishes a different standard of immunity or other
protection from liability with respect to an act or omission involving
development, design, installation, operation, maintenance, performance,
or provision of wireless service (other than wireless 911 service). The
enactment of such a State statute shall not affect the immunity or
other protection from liability required by such subsection (a)(1) with
respect to acts or omissions occurring before the date of enactment of
such State statute.
SEC. 10. AUTHORITY TO PROVIDE LOCATION INFORMATION.
Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) in subsection (d)--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting a semicolon;
(C) by adding at the end the following new paragraph:
``(4) to provide call location information concerning the
user of a commercial mobile service (as such term is defined in
section 332(d)) to a public safety answering point, emergency
medical service provider or emergency dispatch provider, public
safety, fire service or law enforcement official, or hospital
emergency or trauma care facility, in order to respond to the
user's call for emergency services; or to inform the user's
legal guardian or members of the user's immediate family of the
user's location in an emergency situation that involves the
risk of death or serious physical harm; and
``(5) to transmit automatic crash notification information as
part of the operation of an automatic crash notification
system.'';
(2) by redesignating subsection (f) as subsection (g) and by
inserting before such subsection the following new subsection:
``(f) Authority to Use Wireless Location Information.--For purposes
of subsection (c)(1), without the express prior authorization of the
customer, a customer shall not be considered to have approved the use,
disclosure, or access to--
``(1) call location information concerning the user of a
commercial mobile service (as such term is defined in section
332(d)) to any person other than--
``(A) to a public safety answering point, emergency
medical service provider or emergency dispatch
provider, public safety, fire service or law
enforcement official, or hospital emergency or trauma
care facility, in order to respond to the user's call
for emergency services; or
``(B) to inform the user's legal guardian or members
of the user's immediate family of the user's location
in an emergency situation that involves the risk of
death or serious physical harm; or
``(2) automatic crash notification information to any person
other than for use in the operation of an automatic crash
notification system.''; and
(3) in subsection (g) (as redesignated by paragraph (2)), by
inserting ``location,'' after ``destination,''.
SEC. 11. AUTHORIZATIONS OF APPROPRIATIONS AND DISPOSITION OF FEES.
(a) Authorization of Appropriations for Administration of the Act.--
There are authorized to be appropriated in any fiscal year to the
Department of Transportation such sums as may be necessary to carry out
the duties of the Secretary under this Act (other than the duties for
which subsections (b) and (c) authorize appropriations), and such sums
may be derived by transfer from the WICAPS Fund to the extent provided
in appropriations Acts.
(b) Authorization of Appropriations From the WICAPS Fund for
Research.--
(1) Authorization of appropriations for research and
development.--There is authorized to be appropriated to the
Department of Transportation in any fiscal year from the WICAPS
Fund, for the purpose of making investments under section 6, an
amount not to exceed 25 percent of the amount appropriated for
that fiscal year pursuant to subsection (c). The total amount
that is authorized to be appropriated pursuant to this
subsection for all such fiscal years shall not exceed
$60,000,000.
(2) Authorization of appropriations for study.--There is
authorized to be appropriated to the Food and Drug
Administration from the WICAPS Fund for the purpose of
implementing this section 7 in each of fiscal years 1999, 2000,
2001, 2002, and 2003, the lesser of--
(A) 5 percent of the amount appropriated for the
WICAPS Fund for that fiscal year pursuant to subsection
(c); or
(B) $2,000,000.
(c) Authorization of Appropriations From the WICAPS Fund for Making
Grants.--There are authorized to be appropriated in any fiscal year
from the WICAPS Fund, for the purpose of making grants under section 5,
such sums as the WICAPS fund may contain after deduction of the amounts
appropriated pursuant to subsections (a) and (b).
(d) Allocation of Appropriations for Grants.--In any fiscal year--
(1) \2/3\ of the funds appropriated pursuant to subsection
(c) shall be available for grants pursuant to section 5(a); and
(2) \1/3\ of the funds so appropriated shall be available for
grants pursuant to section 5(b).
(e) Authorization of Appropriations to the WICAPS Fund.--There are
authorized to be appropriated to the WICAPS Fund in any fiscal year
such sums as may be necessary to carry out this Act.
(f) Fiscal Year Availability.--Funds made available pursuant to an
authorization of appropriations contained in this Act shall be
available without fiscal year limitation to the extent provided in
appropriations Acts.
(g) Disposition of Fees.--
(1) Subject to paragraph (4), a department, agency, officer
or instrumentality of the United States receiving funds which
are the reasonable fees to which section 704(d)(2) of the
Telecommunications Act of 1996 (as added by section 8) refers--
(A) may, without regard to section 3302 of title 31
of the United States Code and consistent with such
instructions as the Director of the Office of
Management and Budget may issue, credit to the
appropriations accounts identified in paragraph (2) not
to exceed the amount set forth in paragraph (3); and
(B) shall remit to the Treasury for deposit in the
WICAPS Fund established by section 4 such sums received
as reasonable fees as are not credited in accordance
with subparagraph (A).
(2) The appropriations accounts to which paragraph (1)(A)
refers are the appropriations accounts the appropriated funds
of which the department, agency, officer, or instrumentality
would use at the time the crediting occurs to process requests
for access to and use of real property for siting of facilities
used in providing personal wireless services.
(3) The amount to which paragraph (1)(A) refers is the amount
the department, agency, officer, or instrumentality has
obligated after the date of enactment of this Act to process
requests for access to and use of real property for siting of
facilities used in providing personal wireless services.
(4) Nothing in this subsection shall impair or affect the
authority under a statute other than this Act of a department,
agency, officer, or instrumentality to receive and use funds
that are not appropriated funds.
SEC. 12. DEFINITIONS.
As used in this Act:
(1) The term ``WICAPS Fund'' means the Wireless
Communications and Public Safety Fund established by section 4.
(2) The term ``Secretary'' means the Secretary of
Transportation.
(3) The term ``State'' means any of the several States, the
District of Columbia, or any territory or possession of the
United States.
(4) The term ``instrumentality of the United States''
includes any independent establishment of the United States.
(5) The term ``personal wireless services'' has the meaning
specified for that term in section 332(c)(7)(C)(i) of the
Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i)).
(6) The term ``public safety answering point'' or ``PSAP''
means a facility that has been designated to receive emergency
calls and route them to emergency service personnel.
(7) The term ``wireless carrier'' means a provider of
commercial mobile services or any other radio communications
service that the Federal Communications Commission requires to
provide wireless emergency service.
(8) The term ``enhanced wireless 911 service'' means any
enhanced 911 service so designated by the Federal
Communications Commission in the proceeding entitled ``Revision
of the Commission's Rules to Ensure Compatibility with Enhanced
911 Emergency Calling Systems'' (CC Docket No. 94-102; RM-
8143), or any successor proceeding.
(9) The term ``wireless 911 service'' means any 911 service
provided by a wireless carrier, including enhanced wireless 911
service.
Purpose and Summary
H.R. 3844, the Wireless Communications and Public Safety
Act of 1998, will promote and enhance public safety through the
use of 911 as the universal emergency assistance number;
further the deployment of wireless 911 service; support States
in upgrading 911 capabilities and related functions; encourage
construction and operation of seamless, ubiquitous and reliable
networks for personal wireless services; and ensure access to
Federal government property for such networks. The bill will do
so by requiring that the Federal Communications Commission (FCC
or Commission) designate ``911'' as the universal emergency
telephone number for both wireline and wireless telephone
calls. The bill will also enhance the provision of wireless
telephone emergency services by establishing a fund,
administered by the Department of the Treasury and allocated in
State grants by the Department of Transportation, to upgrade
the equipment of ``public safety answering points'' (PSAPs) to
enable them to receive number and location information with
wireless emergency telephone calls and to fund emergency
educational programs.
The fund would come from both an annual appropriation to
the Department of Transportation and the profit portion of
lease fees, credited by Federal agencies, for siting cellular
antennas and other facilities of personal wireless services
providers on Federal property. In order to maximize such fund
resources, and speed the deployment of personal wireless
services, including wireless 911, the bill provides for a
streamlined process for Federal property managers to respond to
a siting request by a personal wireless provider. Finally, to
encourage the provision of wireless telephone emergency
services, the bill provides the same degree of protection from
liability for emergency telephone and other services to
wireless carriers in each State as provided in that State to a
wireline carrier.
Background and Need for Legislation
In 1997, nearly 42,000 people were killed in the 6.8
million motor vehicle crashes reported to police. In addition,
those crashes resulted in nearly 3.4 million injuries. And
while deaths from motor vehicle crashes have been declining in
recent years, deaths at the scene prior to receiving emergency
medical care have doubled in the past 20 years, totaling more
than 20,000 per year. For 40 percent of crash fatalities, the
response time for emergency personnel is 20 minutes or more. In
urban areas, response times for fatal crashes is often as much
as 30 minutes; in rural areas it can be as long as 50 minutes.
Among the most commonly used methods for requesting emergency
assistance is the use of the 911 service, which permits callers
to dial the digits 911 to reach public safety personnel.
The traveling public has responded in a variety of ways to
these realities. They are driving safer cars and are exercising
better judgment in their driving behavior. Another way in which
they are providing themselves with an extra measure of security
is through the use of wireless phones.
Today, approximately 65 million Americans subscribe to
cellular or other personal wireless services, with millions of
new subscribers added each year. As a result of this increase,
there are now 30 million calls to 911 placed on wireless phones
annually, up from a total of only 59,000 for the entire year
before. Consumers are using these phones to call for help when
they need it, to report other drivers' accidents or injuries,
and to report erratic or aggressive drivers to authorities
before those drivers have an opportunity to injure others.
While wireless phones have enabled people to save countless
lives, it is clear that improvements need to be made to the
wireless network if emergency personnel are to improve response
times and ultimately reduce fatalities on our nation's
highways. The first of these improvements is that the wireless
network must be as seamless as possible. As one wireless
carrier advertises, a wireless telephone is worthless unless
the call goes through. And while there are many other hurdles
to the development of a seamless wireless network, Federal
agencies have more often obstructed rather than assisted in
this effort.
Despite a 1995 Presidential memorandum directing Federal
agencies to facilitate the placement of wireless antennas on
Federal property and section 704(c) of the Telecommunications
Act of 1996 (47 U.S.C. 332 note), which directs Federal
agencies to make property available for the placement of
wireless antennas, Federal agencies generally have been
reluctant to facilitate the placement of antennas on property
under their control. According to testimony received by the
Committee, only the Postal Service and, to a lesser extent, the
GeneralServices Administration (GSA) have engaged in any kind
of concerted effort to make their properties available for antenna
siting. While the siting of antennas on Federal property will not patch
every hole in the wireless network, it will provide coverage to areas
where there are few other alternatives. Further, it permits the Federal
government to lead by example, demonstrating to localities and others
the need for a seamless and ubiquitous wireless network to improve
public safety.
If the first issue is ensuring that the call goes through,
then the second issue is ensuring that the public knows whom to
call. In most areas of the country, 911 is the number to call
from a wireline phone when requesting emergency assistance or
reporting a crime. However, in many States 911 is not the
emergency number to call when calling from a wireless phone.
These can range from #77 for the Pennsylvania State Police, to
*MSP for the Massachusetts State Police, to the regular seven
digit phone number of the local police or sheriff's department.
Unfortunately, it is often impossible for travelers to know the
correct number to call.
This problem is best illustrated in testimony by K. Susan
Hoyt, Chair of the ComCARE Alliance, from the Committee's March
24, 1998, hearing:
One recent story highlighted this problem when a
couple traveling through Missouri from another state
noticed a drunk driver cutting through traffic and
speeding along the interstate. They grabbed their
wireless phone and dialed ``9-1-1'' but could not reach
help. The couple tried calling other numbers, then
called information for the local police, but since they
were from out of state, they weren't sure of their
location. They followed the reckless driver; but,
unfortunately, it was too late. The driver caused a
severe vehicle crash that resulted in fatal injuries
before the couple reached the local authorities on the
appropriate wireless emergency number--``#55.'' (Serial
No. 105-74, p. 14)
While it is important to improve coverage of 911 service to
households and businesses served by traditional wireline
service, it is that much more important that travelers know
that when they have an emergency or need to report dangerous
behavior on the nation's highways, they will be able to do so.
The best way to accomplish that goal is through the
establishment of a single emergency number for both wireless
and wireline coverage. H.R. 3844 does so by directing the FCC
to use its existing numbering authority to designate 911 as the
nationwide emergency number and directs the FCC to establish
appropriate rules for implementation.
Lastly, it is also important that when a PSAP answers an
emergency call, it can readily determine the location of the
caller. This is a relatively simple accomplishment with
wireline phones since the phones are at a fixed location.
However, the location of a cellular or other personal wireless
service caller is not typically known to the PSAP answering an
emergency call. In addition, a mobile phone user is not always
aware of his or her precise location when calling from the
scene of an accident or other emergency and may, therefore, be
incapable of telling the PSAP where to direct the desired help.
Reacting to this problem, the Commission in 1997 required
that wireless carriers enhance emergency telephone service by
providing the PSAP, upon the PSAP's request, with each
emergency call, number and cell-site information by April 1,
1998, and location information by October 1, 2001. However,
because many PSAPs lack sufficient funds to install the
equipment upgrades necessary to receive the enhanced
information, they currently do not request number and cell-site
information and the rules do not apply. The same lack of
ability to receive location information is expected to occur by
the 2001 deadline, if PSAPs do not obtain the funds for
upgrades.
The Committee believes strongly that the construction and
operation of seamless, ubiquitous, reliable wireless systems
serve the public interest by improving communications,
enhancing public safety, and promoting economic development.
Consistent with the purpose of the bill, the Committee expects
the FCC and other government entities to encourage and
facilitate the deployment of a seamless, reliable end-to-end
wireless infrastructure. Ultimately, the key to improving the
value of the wireless phone as a life-saving safety device is
ensuring that the proper emergency personnel receive the
information necessary to perform their duties. This legislation
will leverage Federal, State, local, and private resources to
accomplish these goals.
Hearings
The Subcommittee on Telecommunications, Trade, and Consumer
Protection held an oversight hearing on enhanced 911 wireless
services on March 24, 1998. The Subcommittee received testimony
from: The Honorable Pat Danner, U.S. Representative, Sixth
District, State of Missouri; The Honorable Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration;
Mr. Thomas E. Wheeler, President and CEO, Cellular
Telecommunications Industry Association; Ms. K. Susan Hoyt, RN,
MN, CEN, Chairperson, ComCARE Alliance; Dr. Stephen Hargarten,
Chairman, Department of Emergency Medicine, University of
Wisconsin Medical Center; Mr. George Heinrichs, President and
CEO, SCC Communications Corp.; Mr. S. Robert Miller, Chair,
Regulatory Committee, National Emergency Number Association;
Mr. Edward R. Trout, Chairman, American Trucking Association,
Inc.; The Honorable Hal Daub, Mayor, City of Omaha, on behalf
of the National League of Cities; The Honorable Denis P.
Galvin, Deputy Director, National Park Service, Department of
the Interior; and Mr. David Bibb, Deputy Associate
Administrator, Office of Real Property, Office of
Governmentwide Policy, General Services Administration.
H.R. 3844, the Wireless Communications and Public Safety
Act of 1998, was introduced in the House on May 12, 1998. The
Subcommittee held a legislative hearing on the bill on June 9,
1998. The Subcommittee received testimony from: Dr. Jeffrey
Michael, Chief, Emergency Medical Services Division, National
Highway Traffic Safety Administration; Mr. David Bibb, Deputy
Associate Administrator, Office of Real Property, Office of
Governmentwide Policy, General Services Administration; Mr.
Michael Amarosa, Vice President, Public Affairs, TruePosition,
Inc.; Mr. John Melcher, Director, MIS Greater Harris County
911; and Mr. David K. Alyward, Executive Director, ComCARE
Alliance.
Committee Consideration
On July 22, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection met in open markup session and
approved H.R. 3844, the Wireless Communications and Public
Safety Act of 1998, for Full Committee consideration, amended,
by a voice vote.
On August 5, 1998, the Committee met in open markup session
and ordered H.R. 3844 reported to the House, amended, by a
voice vote, a quorum being present.
Rollcall Votes
Clause 2(l)(2)(B) of rule XI of the Rules of the House
requires the Committee to list the recorded votes on the motion
to report legislation and amendments thereto. There were no
recorded votes taken in connection with ordering H.R. 3844
reported. An En Bloc Amendment by Mr. Bliley to provide (1)
that the study funded by the bill on the health effects of
cellular radio frequencies be scientifically objective and not
exaggerate the risks to human health, and (2) that wireless
carriers be permitted to release a user's location to immediate
family members in the event of a life-threatening situation,
was agreed to by a voice vote. A motion by Mr. Bliley to order
H.R. 3844 reported to the House, amended, was agreed to by a
voice vote, a quorum being present.
Committee Oversight Findings
Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of
the House of Representatives, the Committee held legislative
and oversight hearings and made findings that are reflected in
this report.
Committee on Government Reform and Oversight
Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of
the House of Representatives, no oversight findings have been
submitted to the Committee by the Committee on Government
Reform and Oversight.
New Budget Authority and Tax Expenditures
In compliance with clause 2(l)(3)(B) of rule XI of the
Rules of the House of Representatives, the Committee concurs
with the finding of the Congressional Budget Office that H.R.
3844, the Wireless Communications and Public Safety Act of
1998, would result in $1 million in new budget authority and
outlays in each Fiscal Year 1999 through 2003.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 403 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of
the House of Representatives, the following is the cost
estimate provided by the Congressional Budget Office pursuant
to section 403 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 18, 1998.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3844, the Wireless
Communications and Public Safety Act of 1998.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts for federal
costs are Clare Doherty (for costs of the Department of
Transportation) and John R. Righter (for use of property to
place antennas), and Julia Christensen (for costs of the Food
and Drug Administration). The staff contact for the impact on
state and local governments is Lisa Cash Driskill.
Sincerely,
June E. O'Neill, Director.
Enclosure.
H.R. 3844--Wireless Communications and Public Safety Act of 1998
Summary: H.R. 3844 would promote (1) the development of an
enhanced ``911'' emergency call system for use across the
United States, and (2) research and development of automotive
crash notification (ACN) systems that would use wireless
communications technology. To facilitate work towards those
goals, the bill would establish the Wireless Communications and
Public Safety Fund (WICAPS fund) and authorize the
appropriation of such sums as are necessary to the National
Highway Traffic Safety Administration (NHTSA) for grants to
states and investments in research and development of wireless
technology. It would also authorize appropriations to the Food
and Drug Administration (FDA) for a study to analyze the
effects of radio-frequency emissions from wireless telephones.
H.R. 3844 would affect direct spending; therefore, pay-as-
you-go procedures would apply. Specifically, the bill would
require that, upon receipt of applications, federal agencies
process applications from and execute leases with
telecommunication companies to place antennas on federal
property within 90 days. It would allow agencies to recover
their costs from the income generated from such leases. CBO
estimates that enacting these provisions would increase direct
spending by an average of about $1 million a year for each of
fiscal years 1999 through 2003.
Assuming the appropriation of the necessary amounts, CBO
estimates that NHTSA and FDA activities would cost $83 million
over the 2000-2003 period (with little or no effect on
discretionary spending in 1999). In addition, the bill's
effects on direct spending would be roughly matched by
reductions in the need for annual discretionary spending for
the costs of processing antenna applications. As a result, the
estimated net impact on spending subject to appropriation is
$78 million over the 1999-2003 period.
H.R. 3844 contains intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA) but CBO estimates that
the costs would not be significant and would not exceed the
threshold established by that act ($50 million in 1996,
adjusted annually for inflation). The bill would impose no new
private-sector mandates as defined in UMRA.
Estimated cost to the Federal Government: The costs of this
legislation fall within budget functions 400 (transportation),
550 (health), and 800 (general government). The estimated
budgetary impact is shown in the following table.
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1998 1999 2000 2001 2002 2003
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Estimated Budget Authority................................ 0 1 1 1 1 1
Estimated Outlays......................................... 0 1 1 1 1 1
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level............................. 0 -1 25 25 25 25
Estimated Outlays......................................... 0 -1 11 20 23 25
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For purposes of this estimate, CBO
assumes that the necessary amounts will be appropriated for
each fiscal year and that outlays will occur at historical
spending rates for NHTSA and FDA.
Direct Spending
Under the Telecommunications Act of 1996 and an Executive
Memorandum (dated August 10, 1995), agencies are generally
required to lease space on federal property to
telecommunication companies for the placement of antennas and
other facilities needed to provide personal wireless services
(PWS). An agency is exempted from the requirement when the
placement of the antenna represents a direct conflict with
either its mission or its use of the property. H.R. 3844 would
require that federal agencies process the applications from
telecommunication companies and execute the necessary leases
within 90 days. The bill also would allow PWS providers to
challenge in court an agency's denial or its failure to act on
an application to lease property. Finally, it would allow
agencies to recover their costs to process new applications
from the income earned on PWS leases.
Because the bill would allow agencies to spend some of
their income from leases, CBO estimates that enacting these
provisions would increase direct spending by about $1 million a
year for each of fiscal years 1999 through 2005. That estimate
is based on the rental income we estimate will be generated
from antenna leases under current law and from information
provided by agencies. CBO estimates that the bill would
increase direct spending after 2005 by less than $500,000 a
year.
Under current law, CBO estimates that income from leases to
PWS providers will increase steadily from between $5 million
and $10 million in fiscal year 1998 to around $25 million in
fiscal year 2003. However, we estimate that more than one-half
of that income will be generated by agencies that already have
the authority to retain and spend such proceeds, including the
United States Postal Service, the General Services
Administration, the Bonneville Power Administration, and the
Tennessee Valley Authority. For agencies without that
authority, we estimate that proceeds from leases will be
modest, increasing under current law from $2 million in 1998 to
$12 million in 2003.
Based on information from agencies, including their costs
to process applications and the rents they are receiving from
leases, CBO assumes that agencies would, on average, retain the
first year's rent to cover the costs of processing new
applications to place antennas on federal property. In
addition, we estimate that providing agencies with additional
funds would enable them to process applications more quickly
and collect rents from new leases sooner, but would not affect
the number of new leases. Since this authority would only have
an impact on those agencies that cannot retain and spend
receipts under current law, CBO estimates that, on average, the
provision would result in a net increase in new spending from
rental income of $1 million a year, beginning in fiscal year
1999. Because we anticipate that the demand to place new
antennas on federal property will decline over time, we expect
that the effect on direct spending will gradually decline. CBO
estimates that, beginning in fiscal year 2006, the provision
would increase direct spending by less than $500,000 a year.
Spending Subject to Appropriation
Costs to the Department of Transportation. H.R. 3844 would
authorize the appropriation of such sums as are necessary for
NHTSA to provide grants to states to further develop the
existing 911 systems for emergency telephone calls and to
support emergency prevention, educational, and medical programs
that will use the wireless communication system envisioned by
the bill. It would also authorize NHTSA funding to conduct
research and development for ACN systems, to develop decision
protocols for the use of such systems, and to evaluate the
systems.
Based on information from NHTSA, CBO estimates that grants
to states under the bill would require appropriations of about
$20 million a year, beginning in fiscal year 2000. Over the
2000-2003 period, CBO estimates that $5 million would be
devoted to the development of system protocols, $13 million
would be devoted to research and development, and $2 million
would cover the evaluation efforts. Funding for the research,
development, and evaluation of ACN systems would be capped by
the bill at annual amounts not to exceed 25 percent of the
amounts appropriated for grants. Because the estimated funding
for the grants is $20 million a year, CBO estimates that
additional funding for ACN development would be $5 million a
year.
CBO estimates that other costs for carrying out activities
under the bill would cost less than $500,000 a year and a total
of about $1 million over the 2000-2003 period.
Costs to the Food and Drug Administration. Section 7 would
direct the Food and Drug Administration to conduct a study
using animal bioassay techniques to analyze the effects of
radio-frequency emissions from wireless telephones operating on
certain frequencies. It would also require the Commissioner of
the FDA to convene an advisory panel of scientific and industry
experts to advise the FDA on substantive matters surrounding
the preparation, conduct, and evaluation of the study. Finally,
section 7 would allow the FDA to use its appropriated funds
(authorized in this bill) to cover expenses incurred by FDA
personnel to attend meetings related to the topic of the study.
The bill would cap the authorization of appropriations to
implement section 7 at the lesser of $2 million a year or 5
percent of the annual appropriation from the WICAPS fund for
making grants to states. As noted above, CBO estimates the
authorization for such grants at a level of $20 million a year,
beginning in fiscal year 2000. Applying the 5-percent annual
cap, CBO estimates that the FDA study and related expenses
would have an authorized funding level of $1 million a year
over the 2000-2003 period.
Reduced Need for Appropriations to Process Antenna
Applications. By allowing agencies to retain and spend a
portion of the income generated from antenna leases to process
new applications, H.R. 3844 would reduce the amount of
appropriations required to process such applications. As a
result, CBO estimates that implementing the bill would reduce
the annual discretionary costs for agencies to process new
applications by about $1 million--an amount which is roughly
equivalent to the new direct spending.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. The net
changes in outlays that are subject to pay-as-you-go procedures
are shown in the following table. For the purposes of enforcing
pay-as-you-go procedures, only the effects in the current year,
the budget year, and the succeeding four years are counted.
[By fiscal year, in millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes in outlays.............................................. 0 1 1 1 1 1 1 1 0 0 0
Changes in receipts\1\.......................................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ......
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Not applicable.
Estimated impact on State, local, and tribal governments:
Mandates. H.R. 3844 contains intergovernmental mandates as
defined in the Unfunded Mandates Reform Act but CBO estimates
that the costs would not be significant and would not exceed
the threshold established by that act ($50 million in 1996,
adjusted annually for inflation). First, states would be
required to provide users of wireless 911 service with
protection from liability that is not less than that provided
to users of 911 wireline service. Second, the bill would
require that states give wireless communications companies
protection from liability that is not less than that provided
to wireless communication companies. States would have the
ability to pass legislation which could alter some aspects of
the parity of liability protection afforded to wireless
companies, if they did so within two years of the passage of
this bill. After two years, in the absence of state
legislation, wireless companies would have liability protection
equal to that of wireline companies. CBO estimates that the
only costs would be those associated with passing state
legislation to alter the liability protections to comply with
those established by this bill.
In addition, the bill would prevent states from applying a
higher standard of liability to 911 services provided by
wireless companies than is applied to 911 services provided
through wireline. Any nonconforming laws would become void
under this legislation. Information from industry and state and
local trade associations indicates that many states currently
have no wireless liability laws, and in states that do, they
are modeled after and in no case exceed the standards applied
to wireline communication companies. Consequently, this
provision would not affect state and local budgets.
Other Impacts. Section 3 of the bill directs the FCC to
designate 911 as the universal emergency telephone number.
Currently 911 emergency systems are designated at the local
level and many jurisdictions use numbers other than 911 for
emergency wireless service (for instance, ``*55'' or ``#77'').
Because the FCC's authority over 911 service does not extend to
state and local governments, CBO believes that it is unlikely
that this section would result in an intergovernmental mandate
requiring state and local governments to change their emergency
number systems.
As an encouragement to states to adopt 911 as the universal
emergency service number, the bill would authorize a grant
program that CBO estimates would provide $20 million annually
to states over the 2000-2003 period. The grant program would
require states to fund at least 25 percent of the cost of
activities related to receiving wireless 911 services and
establishing a comprehensive 911 system. Grants could be made
to states without a match, if the assistance would be directed
to rural communities.
Estimated impact on the private sector: H.R. 3844 would
impose no new private-sector mandates as defined in UMRA.
Estimate prepared by: Transportation Programs: Clare
Doherty; Antennas on Federal Property: John Righter; Health
Programs: Julia Christensen; Impact on State, Local, and Tribal
Governments: Lisa Cash Driskill.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
Subsection 7(c) of the legislation establishes a ``panel of
scientific and industry experts to advise the Food and Drug
Administration, on an ongoing basis, on the preparation,
conduct, and evaluation of'' a 2-year animal bioassay of
radiofrequency emissions from wireless telephones operating on
frequencies between 825 and 1900 megahertz, inclusive. Pursuant
to the requirements of subsection 5(b) of the Federal Advisory
Committee Act, the Committee finds that the functions of the
proposed advisory committee are not and cannot be performed by
an existing Federal agency or advisory commission or by
enlarging the mandate of an existing advisory committee.
Constitutional Authority Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes, and in Article IV, section
3, clause 2, which grants Congress the power to dispose of and
make all needed rules and regulations respecting property
belonging to the Federal government.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Committee Correspondence
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 designates the short title of the bill as the
``Wireless Communications and Public Safety Act of 1998.''
Section 2. Findings and purpose
Section 2 contains the findings and purpose of H.R. 3844.
The findings include, inter alia, that an end-to-end
communications infrastructure will reduce response times for
the delivery of emergency care, thereby preventing fatalities
and reducing the severity of injuries, among other benefits.
The section also finds that statewide coordination among all
interested parties is required for the rapid and efficient
deployment of emergency services. The Committee intends for
purposes of this section that ``emergency safety'' and ``public
safety'' officials include all those parties engaged in the
provision of emergency or safety services, including
governmental and non-governmental emergency dispatch and road
service providers, such as the American Automobile Association.
The Committee notes that the broader the coordination by
interested parties, the more rapid the establishment of an end-
to-end system to deliver emergency service and care will be.
Section 2 also describes the finding that automatic crash
notification systems can be a critical component of an end-to-
end system, and that the contributions of wireless
communications to such a system will be enhanced by a State
grant program.
Section 3. Universal emergency telephone number
Section 3 amends Section 251(e) of the Communications Act
of 1934 by adding a paragraph requiring the Commission, in its
existing role as the sole numbering authority in the United
States, to designate 911 as the universal emergency telephone
number within the United States for reporting an emergency
using both wireline and wireless telephone service. The section
requires the Commission, and any agency to whom it has
delegated designation authority, to provide appropriate
transition rules for areas in which 911 is not in use upon date
of enactment of the bill.
In designating 911 as the universal emergency telephone
number, the Committee does not intend that this provision
govern emergency calls initiated from private business
exchanges (PBXs) or other similarly situated private telephone
systems. Making PBX equipment compatible with 911 emergency
calling systems is a difficult task. In particular, many
current PBXs require that to obtain an outside line the user
must first dial ``9.'' Thus, users of PBX systems may be
required to dial ``9-9-1-1'' to connect with public safety
officials in emergency situations. By including this provision,
the Committee does not intend to alter this situation.
However, the Committee is aware that the Commission has
before it a notice of proposed rulemaking addressing this
situation and others relating to PBX compatibility with 911
calling systems. This provision is not intended to affect that
decision in any way and the Committee expects that the
Commission will proceed in whatever manner it deems to be in
the public interest.
Section 4. Wireless communications and public safety fund
Section 4 establishes the Wireless Communications and
Public Safety Fund (WICAPS Fund) in the Treasury, which will be
administered by the Department of the Treasury. The Treasury
Department is directed to invest those portions of the WICAPS
Fund not necessary to meet current withdrawals in interest-
bearing obligations of the United States.
Section 5. Assistance to states
Section 5 governs the distribution of funds to the States
for purposes of facilitating an end-to-end communications
system for emergency services. Section 5(a) governs population-
based grants to the States, and the plans States must submit to
the Secretary of Transportation in order to qualify for a
grant. As provided by Section 5(a), an applying State must
submit a plan that contains a certification by the Governor or
his designee that the State, inter alia: will implement the
designation of 911 as a universal emergency number in the
State; has policies to encourage public reporting of safety
risks; will make efforts to minimize risky driving by motorists
on its roads; will provide a 25 percent matching amount from a
source other than a surcharge or tax on wireless carriers or
subscribers; has consulted with interested parties in the
development of the plan; will, through an entity designated by
the Governor, coordinate the deployment of an end-to-end
emergency communications system on a statewide basis; and has a
mechanism for wireless carrier recovery of costs related to the
provision of automatic numbering identification and call
location services.
Paragraph (3) provides that the Secretary of Transportation
shall allocate grants at an amount based on population. If any
WICAPS amounts are unallocated because a State failed to
provide a 25 percent matching amount, then the Secretary shall
reallocate such funds among the other qualifying States, based
on population.
Paragraph (4) governs the permissible use of funds and
permits States to use grant funds for: the payment of costs for
the acquisition, upgrades to or modifications of equipment used
to receive enhanced wireless 911 service information; and
emergency prevention, educational, or pre-hospital emergency
medical programs.
Subsection (b) governs rural assistance grants to the
States. As with the population-based grants, States are
required to submit a plan detailing their commitment to the
development of an end-to-end communications system to enhance
wireless emergency response and provide a 25 percent matching
amount as a pre-condition of receipt of a rural assistance
grant. States may use a rural assistance grant for the same
purposes as a population-based grant.
Subsection (c) governs the administration within a State of
the grant funds. Under the subsection, a State may permit the
administration of the funds through a political subdivision of
the State or other entity if that subdivision or entity uses or
plans to use 911 as the wireless and wireline emergency
telephone number. Subsection (d) permits States to receive both
a population-based grant and a rural assistance grant.
Section 6. Research and development on crash information systems
Section 6 requires that, within 90 days of enactment, the
Secretary of Transportation establish a program funded by the
WICAPS Fund for research and development of an automatic crash
notification (ACN) system and an interface in motor vehicles
for wireless telephones to transmit crash data and permit
hands-free use. Under Section 6, the Secretary has 90 days from
enactment to establish such a research and development program.
For purposes of research into the operation of an ACN system
that would use a wireless telephone or other communications
system to transmit crash data to appropriate emergency
personnel, the Committee does not intend to exclude research
into transmission of such data to emergency dispatch providers.
The Committee intends that the term ``appropriate emergency
personnel'' as used in paragraph 6(a)(1) include emergency
dispatch providers.
Subsection (b) requires the Secretary to consult with
representatives of interested industries and public sector
entities in planning such research and development. The
Committee does not intend that the list enumerated in this
subsection be exhaustive; rather, it is intended to suggest
parties who should be included in any consultative process.
Finally, subsection (c) governs the use of research and
development funds, which includes investments by trauma centers
throughout the United States in coordination with other
emergency medical services providers.
Section 7. Radiofrequency study
Section 7 requires the Food and Drug Administration (FDA)
to conduct a 2-year bioassay of radiofrequency emissions from
wireless telephones operating on frequencies between 825 and
1900 MHZ. As provided in Section 11(b)(2), the study will be
funded at the lesser of 5 percent of the WICAPS Fund or $2
million, annually, for Fiscal Years 1999-2003.
Subsection (b) requires that, to the maximum extent
practicable, the study be consistent with the research needs of
the World Health Organization's International Electromagnetic
Frequency Project and be scientifically objective. It also
emphasizes that the bioassay study provide a careful analysis
of the weight of the evidence and a description of the results
that neither minimizes nor exaggerates the risks to human
health. Subsection (c) requires the FDA Commissioner to
designate a panel of scientific and industry experts to advise
the FDA on the preparation, conduct and evaluation of the
study. The advisory panel shall be designated after the
Commissioner consults with the Center for Devices and
Radiological Health and representatives of the scientific
community and wireless industry. Finally, subsection (d)
authorizes the FDA's use of appropriated funds for its
personnel to attend meetings of the International
Electromagnetic Frequency Project and other scientific
symposia.
Section 8. Emergency services support from use of federal property
Section 8 adds a new subsection (d) to section 704 of the
Telecommunications Act of 1996 (47 U.S.C. 332 note) governing
access to and use of Federal property for siting of facilities
used in providing personal wireless services. The purpose of
this provision is to enhance public safety by making property
owned by the Federal government available to the maximum extent
practicable, on an expeditious basis, for the siting of
personal wireless facilities and thus improving the ability of
the traveling public to reach emergency personnel from a
wireless phone.
The portion of the lease fees in excess of the amount
necessary to reimburse the agency's processing costs is
credited to the WICAPS Fund, except where an agency's ability
to retain those fees is otherwise governed by existing law.
Those fees are distributed to the States by the Secretary of
Transportation for upgrading the PSAPs and funding emergency
educational programs.
Paragraph (2) requires that not later than 60 days after an
agency receives a personal wireless facilities siting request,
it must decide whether the request will conflict with either
the agency's mission or its planned use of the property. The
lease fee must be reasonable and non-discriminatory and no more
than fair market value. Under new paragraph (3), if the
decision is to be favorable to the provider of personal
wireless services, than the agency has 30 additional days, or
90 days from the date of receiving the request, to conclude a
lease or other document necessary to implement the request.
If the agency finds that the request will raise a conflict
with its mission or planned use for its property, the agency
must notify the requesting party of the conflict by the end of
the 60 day period following the request. Paragraph (4) provides
for an informal hearing upon request by a rejected applicant.
That hearing must commence within 60 days of the agency's
receipt of the application and be concluded within 90 days. The
agency will, therefore, have any length of time between 30 and
90 days to conduct an informal hearing, if it believes the
siting request will conflict with its mission or planned use of
its property.
Section 8 in no way changes Section 332(c)(7) of the
Communications Act (47 U.S.C. 332(c)(7)), added by the
Telecommunications Act of 1996, which preserved local zoning
authority over personal wireless facilities for property under
local control. Rather, Section 8 governs siting of personal
wireless facilities on Federal property. Section 704(c) of the
Telecommunications Act of 1996 was enacted as a clear policy
statement that the Federal government is to make its property
available, to the greatest extent possible, for wireless
facilities. The Conference Report for the Telecommunications
Act of 1996 differentiates between local zoning authority under
Section 332(c)(7) and procedures in Section 704(c) for siting
wireless facilities on property under the control of Federal
departments and agencies for``new telecommunications services
that are dependent upon the utilization of Federal spectrum rights.''
Section 8 of the bill adds a new subsection to Section 704 to provide
more detailed guidance for siting requests on Federal property for a
particular subset of such services--personal wireless services--and,
therefore, does not alter the operation of section 332(c)(7).
Paragraph (5) governs the information a provider of
personal wireless services must include in its request for
access to and use of Federal property for its facilities. Such
information includes the following: name and address of the
requestor; site-specific identification; type and size of
antenna installation and support required, including access to
the site, utility requirements, foot-capacity for rooftops and
any site modification requirements; antenna frequencies and
other specifications; term of property use; terms of removal of
equipment and supporting structures and property restoration;
description of related projects; and a description of methods
of achieving compliance with any applicable environmental or
historic preservation statutes.
Judicial review of an agency denial is governed by
paragraph (6). An applicant may seek judicial review of (1) an
agency determination that a request to use the agency's
facilities for the siting of the applicant's equipment
conflicts with the agency's mission or its planned use of the
property; (2) the reasonableness of the lease fee charged by
the agency; or (3) an agency's failure to act within the
deadlines specified by this section. These actions are governed
by chapter 7 of title 5, United States Code, although paragraph
(6) provides that the burden of proof shall be on the agency to
sustain its decision, rather than on the provider of personal
wireless services.
Paragraph (7) provides for implementation of the National
Environmental Policy Act (NEPA) with respect to access to and
use of Federal property for siting of personal wireless
facilities. Under this new subsection, Federal agencies that
receive access and use requests must apply the existing FCC
environmental processing regulations to the request. The FCC
regulations implement and incorporate by reference all
Federally-mandated environmental statutes. The FCC rules
therefore require compliance with all other Federal
environmental laws. Limiting Federal agency wireless siting
procedures to the FCC rules will ensure predictability and
uniformity among Federal agencies in the environmental
processing of such requests, as well as consistency with
Federal environmental regulation of the telecommunications
industries.
The FCC environmental rules establish a process for
requests to construct radiofrequency facilities. First, an
applicant whose proposed facilities may significantly affect
the environment must submit an Environmental Assessment to the
FCC and undergo environmental review prior to commencing
construction (See 47 C.F.R. Sec. Sec. 1.1307-08, 1.1311-12).
These potential environmental effects include: harm to
threatened or endangered species or designated critical
habitats; changes which interfere with historic sites listed or
eligible for listing on the National Register of Historic
Places or Indian religious sites; location in a flood-plane;
changes in surface features (e.g., wetland fills,
deforestation, water diversion); location in a wilderness area
or wildlife preserve; utilizing high intensity lighting in a
residential area; or emitting radiofrequency radio in excess of
health and safety standards (See 47 C.F.R. Sec. 1.1307).
Under the Commission's procedures, the FCC reviews the
Environmental Assessment (EA), and, if appropriate, solicits
the views of other expert and affected Federal agencies and
interested parties, to determine whether the proposal will have
a significant effect on the environment (47 C.F.R.
Sec. Sec. 1.1307(c), 1.1308). The Committee notes that the FCC
relies upon the input of other Federal agencies, particularly
the agency which owns the property upon which the tower is to
be located, in order to obtain an accurate environmental
assessment, and expects that practice to continue.
If the FCC finds no significant impact, the application is
processed without further documentation of environmental effect
(47 C.F.R. Sec. 1.1308(d)). If the FCC does find that the
request will have significant environmental effects, it informs
the applicant, who then has an opportunity to amend the
application to reduce, minimize, or eliminate the problem, (47
C.F.R. Sec. Sec. 1.1308(c), 1.1309). If the problem is not
eliminated, the FCC prepares a Draft Environmental Impact
Statement (DEIS) and, after comment, a Final Environmental
Impact Statement (FEIS) (47 C.F.R. Sec. Sec. 1.1314-19).
Paragraph (7), requires that Federal agencies receiving
siting requests must complete environmental processing within
the time frames established by new subsection 704(d) for
considering such requests. Likewise, any notification of and
discussion with local land use authorities of proposals to site
wireless facilities is required to be conducted within the
period established by that subsection. The Committee does not
intend to affect local zoning authority through the enactment
of this legislation. To the extent siting personal wireless
services facilities is considered ``alteration'' of a Federal
building, the manager of that building still is required to
consider the views of, and consult with, local authorities, but
would have to do so within the 90 day time-frame established by
this section. The Committee notes that Section 8 addresses
siting requests on Federal property, as opposed to State,
local, or private property that may be subject to State or
local zoning law.
Paragraph (8) provides that existing General Service
Administration (GSA) bulletins implementing existing subsection
704(c) shall continue to apply for purposes of site requests
for personal wireless services facilities, to the extent
consistent with the terms of new subsection 704(d), until
modified as necessary by GSA. The purpose of this new
subsection is to ensure that there is no regulatory delay in
implementing new subsection 704(d).
Paragraph (9) defines terms for this subsection.
Subparagraph (9)(C) contains the definition for ``personal
wireless services facilities.'' Those facilities are the
antenna and supporting equipment, including the ground-based
electronics connected to such equipment. The Committee intends
that this definition include structures for housing the ground-
based electronics used in connection with antennas and
supporting equipment that are sited on Federal property.
Section 9. Parity of protection for provision or use of wireless
services
Section 9 provides wireless carriers with the same degree
of liability protection as enjoyed by wireline carriers in
their provision of telecommunications services. The
Committeereceived testimony regarding wireless carriers' concerns about
liability arising from the provision of 911 services. The Committee
recognizes that wireline carriers derive their protection from
liability from a variety of sources--including statutes, court
decisions, and limitations contained in the tariffs they file.
Subsection 9(a) provides wireless carriers the highest degree of
protection from liability that any wireline carrier has in any State
under Federal and State law, without any need for wireless carriers to
file tariffs or to obtain a judicial ruling or the passage of a new
State statute. Activities provided such protection include a wireless
provider's development, design, installation, operation, maintenance,
performance or provision of wireless service; transmission errors,
failures, network outages, or other technical difficulties arising in
transmission of emergency calls; and release to a PSAP, emergency
medical or trauma center personnel, or dispatch providers or other
public safety personnel of subscriber information.
Subsection (b) provides that a wireless user using wireless
911 shall have the same protection from liability that a user
of wireline 911 has in a particular jurisdiction.
On the date of enactment, section (c) gives wireless
carriers the same level of liability protection granted
wireline carriers in the State for the same services. States
would then have two years to enact separate immunity statutes
for wireless services, with the exception of wireless 911
service, which will continue to receive liability parity. If
the State failed to act within two years, liability parity
would continue for all services.
Section 10. Authority to provide location information
Section 10 amends Section 222 of the Communications Act of
1934 to permit carriers to provide call location information
concerning a user of a commercial mobile service to emergency
dispatch providers and emergency service personnel to respond
to the user's emergency call or to the user's immediate family
in a life-threatening situation. Section 10 also permits
carriers to provide call location information to transmit crash
information through a motor vehicle's automatic crash
notification system. Section 10 requires the customer's express
prior authorization for disclosure to any other person. Section
222 is amended to expressly include location information in
that section's definition of ``customer proprietary network
information.''
Section 11. Authorizations of appropriations and disposition of fees
Section 11 authorizes appropriations to the WICAPS Fund and
the disposition of such sums. Subsection (a) authorizes funds
for the Secretary of Transportation's administration of his
duties under the bill. Paragraph (b)(1) authorizes
appropriations for the research and development of automatic
crash notification systems under Section 6, at 25 percent of
the annual remainder of the WICAPS Fund, after the
administrative expenses under subsection (a) and 5 percent
funding of the FDA bioassay under paragraph (b)(2) are
subtracted. Paragraph (b)(1) caps the amount that may be
appropriated for ACN research at $60,000,000 in total over the
course of all fiscal years.
Subsection (c) authorizes appropriations for the State
block grants under Section 5 of the bill. Subsection (d)
allocates two-thirds of those funds to the population-based
State grants, and one-third to the rural assistance grants.
Subsection (e) permits appropriations from the general fund
to the WICAPS Fund, while subsection (f) ensures that funds
appropriated pursuant to the authorizations contained in the
legislation are available without fiscal year limitation,
except as provided for in appropriations acts. Subsection (g)
provides that agencies may credit to the appropriations
accounts funds used to process requests for access to and use
of Federal property for personal wireless services facilities.
Paragraph (4) grandfathers the ability of agencies to retain
funds in excess of processing costs for such requests, if such
authority predates enactment of the bill.
Section 12. Definitions
Section 12 defines ``WICAPS Fund,'' ``personal wireless
services,'' ``public safety answering point,'' ``wireless
carrier,'' ``enhanced wireless 911 service,'' ``wireless 911
service,'' and other terms.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
COMMUNICATIONS ACT OF 1934
* * * * * * *
TITLE II--COMMON CARRIERS
* * * * * * *
PART I--COMMON CARRIER REGULATION
* * * * * * *
SEC. 222. PRIVACY OF CUSTOMER INFORMATION.
(a) * * *
* * * * * * *
(d) Exceptions.--Nothing in this section prohibits a
telecommunications carrier from using, disclosing, or
permitting access to customer proprietary network information
obtained from its customers, either directly or indirectly
through its agents--
(1) to initiate, render, bill, and collect for
telecommunications services;
(2) to protect the rights or property of the carrier,
or to protect users of those services and other
carriers from fraudulent, abusive, or unlawful use of,
or subscription to, such services; [or]
(3) to provide any inbound telemarketing, referral,
or administrative services to the customer for the
duration of the call, if such call was initiated by the
customer and the customer approves of the use of such
information to provide such service[.];
(4) to provide call location information concerning
the user of a commercial mobile service (as such term
is defined in section 332(d)) to a public safety
answering point, emergency medical service provider or
emergency dispatch provider, public safety, fire
service or law enforcement official, or hospital
emergency or trauma care facility, in order to respond
to the user's call for emergency services; or to inform
the user's legal guardian or members of the user's
immediate family of the user's location in an emergency
situation that involves the risk of death or serious
physical harm; and
(5) to transmit automatic crash notification
information as part of the operation of an automatic
crash notification system.
* * * * * * *
(f) Authority To Use Wireless Location Information.--For
purposes of subsection (c)(1), without the express prior
authorization of the customer, a customer shall not be
considered to have approved the use, disclosure, or access to--
(1) call location information concerning the user of
a commercial mobile service (as such term is defined in
section 332(d)) to any person other than--
(A) to a public safety answering point,
emergency medical service provider or emergency
dispatch provider, public safety, fire service
or law enforcement official, or hospital
emergency or trauma care facility, in order to
respond to the user's call for emergency
services; or
(B) to inform the user's legal guardian or
members of the user's immediate family of the
user's location in an emergency situation that
involves the risk of death or serious physical
harm; or
(2) automatic crash notification information to any
person other than for use in the operation of an
automatic crash notification system.
[(f)] (g) Definitions.--As used in this section:
(1) * * *
* * * * * * *
(1) Customer proprietary network information.--The
term ``customer proprietary network information''
means--
(A) information that relates to the quantity,
technical configuration, type, destination,
location, and amount of use of a
telecommunications service subscribed to by any
customer of a telecommunications carrier, and
that is made available to the carrier by the
customer solely by virtue of the carrier-
customer relationship; and
* * * * * * *
PART II--DEVELOPMENT OF COMPETITIVE MARKETS
SEC. 251. INTERCONNECTION.
(a) * * *
* * * * * * *
(e) Numbering Administration.--
(1) * * *
* * * * * * *
(3) Universal emergency telephone number.--The
Commission and any agency or entity to which the
Commission has delegated authority under this
subsection shall designate 911 as the universal
emergency telephone number within the United States for
reporting an emergency to appropriate authorities and
requesting assistance. Such designation shall apply to
both wireline and wireless telephone service. In making
such designation, the Commission (and any such agency
or entity) shall provide appropriate transition periods
for areas in which 911 is not in use as an emergency
telephone number onthe date of enactment of the
Wireless Communications and Public Safety Act of 1998.
* * * * * * *
----------
SECTION 704 OF THE TELECOMMUNICATIONS ACT OF 1996
SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION STANDARDS.
(a) * * *
* * * * * * *
(d) Use of Federal Property To Provide Personal Wireless
Services.--
(1) Policy.--It is the policy of the United States to
encourage rapid construction and expansion of the
wireless communications infrastructure in the United
States and, to that end, to make the real property of
the United States Government available to the maximum
extent practicable for the siting of facilities that
are part of that infrastructure.
(2) Availability of federal property for personal
wireless services.--Not later than 60 days after a
department, agency, officer, or instrumentality of the
United States with control of real property (including
rights-of-way and easements) owned by the United States
receives a request containing the information set forth
in paragraph (5) from a provider of personal wireless
services for access to and use of such real property
for siting of facilities used in providing such
services, the department, agency, officer, or
instrumentality shall make that real property available
on a fair, reasonable, and nondiscriminatory basis and
at not more than a reasonable fee (which shall in no
event exceed fair market value), to the provider for
that purpose, unless and to the extent that the head of
the department, agency, officer, or instrumentality
determines and notifies the provider prior to the
expiration of that 60-day period that making such real
property available will present an unavoidable direct
conflict with--
(A) the mission of the department, agency, or
instrumentality; or
(B) the current use of the real property or
the use of the real property that was planned
at the time of the request.
(3) Favorable decision.--Unless the department,
agency, officer, or instrumentality determines pursuant
to paragraph (2) that an unavoidable conflict exists
(as described in such paragraph), such department,
agency, officer, or instrumentality shall, within 90
days after the date of the receipt of the request under
paragraph (2), execute any documents, such as a lease,
that are necessary to implement the request.
(4) Unfavorable decision.--With regard to a request
under paragraph (2), a department, agency, officer, or
instrumentality shall not make a determination that an
unavoidable conflict exists (as described in such
paragraph) unless--
(A) an opportunity for an informal hearing is
afforded to interested persons commencing
within 60 days, and concluding within 90 days,
after receipt of the request and prior to the
making of the determination;
(B) the determination is in writing,
constitutes a final agency action, and
discloses the specific grounds therefor.
(5) Information required in request for access to and
use of federal property.--A request by a provider of
personal wireless services under paragraph (2) shall
contain the following information:
(A) The name, address and telephone number of
the provider and the provider's authorized or
legal representative for the request.
(B) Site-specific identification of the real
property to which access is requested, such as
a specific building name and address or site
latitude and longitude.
(C) The type and size of antenna installation
and support required for the provider's
proposed wireless site, including access to the
site, utility requirements, acreage of land, or
foot-pound capacity for rooftops, and any
special site modification requirements.
(D) A summary of antenna specifications,
including frequencies.
(E) The term of the requirement for use of
the real property.
(F) The terms of removal of the equipment and
structures or property restoration.
(G) A description of any project or larger
antenna program to which the site relates.
(H) A description of methods of achieving
compliance with any applicable environmental or
historic preservation statutes.
(6) Judicial review.--A provider of personal wireless
services adversely affected by a final action or
failure to act by a department, agency, officer, or
instrumentality concerning a request under paragraph
(2) (including any decision relating to a fair,
reasonable, and nondiscriminatory basis for access and
use or what constitutes a reasonable fee) may obtain
judicial review of the action or failure to act in
accordance with the provisions of chapter 7 of title 5
of the United States Code, except that the burden shall
be on the department, agency, officer, or
instrumentality to sustain its action.
(7) Regulatory compliance.--A request under paragraph
(2) and the access to and use of real property pursuant
to this subsection shall be subject to environmental
processing only under subpart I of part 1 of title 47
of the Code of Federal Regulations.
(8) Avoidance of redundant regulations.--Bulletins
issued by the Administrator of General Services
pursuant to subsection (c) of this section shall
continue to apply, to the extent otherwise consistent
with this subsection, to the administration of this
subsection until modified or superseded by the
Administrator as necessary for the purposes of this
subsection.
(9) Definitions.--As used in this subsection:
(A) The term ``instrumentality of the United
States'' includes any independent establishment
of the United States.
(B) The term ``personal wireless services''
has the meaning specified for that term in
section 332(c)(7)(C)(i) of the Communications
Act of 1934 (47 U.S.C. 332(c)(7)(C)(i)).
(C) Facilities used in the provision of
personal wireless services are the antenna and
supporting equipment, including ground-based
electronics connected to such equipment, for
the provision of such service.