[House Report 106-25]
[From the U.S. Government Publishing Office]





106th Congress                                                    Rept.
  1st Session           HOUSE OF REPRESENTATIVES                 106-25

=======================================================================



 
         WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999

                                _______
                                

 February 23, 1999.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                        [To accompany H.R. 438]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Commerce, to whom was referred the bill 
(H.R. 438) to promote and enhance public safety through use of 
911 as the universal emergency assistance number, 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..............................................     4
Background and Need for Legislation..............................     5
Hearings.........................................................     9
Committee Consideration..........................................     9
Roll Call Votes..................................................     9
Committee Oversight Findings.....................................    10
Committee on Government Reform Oversight Findings................    10
New Budget Authority, Entitlement Authority, and Tax Expenditures    10
Committee Cost Estimate..........................................    10
Congressional Budget Office Estimate.............................    10
Federal Mandates Statement.......................................    12
Advisory Committee Statement.....................................    12
Constitutional Authority Statement...............................    12
Applicability to Legislative Branch..............................    12
Section-by-Section Analysis of the Legislation...................    13
Changes in Existing Law Made by the Bill, as Reported............    16
Appendix.........................................................    19

                               Amendment

    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 1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
          (1) the establishment and maintenance of an end-to-end 
        emergency communications infrastructure among members of the 
        public, local public safety, fire service, and law enforcement 
        officials, emergency dispatch providers, 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, and emergency dispatch providers, and 
        the designation of 911 as the number to call in emergencies 
        throughout the Nation;
          (3) improved public safety remains an important public health 
        objective of Federal, State, and local governments and 
        substantially facilitates interstate and foreign commerce;
          (4) the benefits of wireless communications in emergencies 
        will be enhanced by the development of state-wide plans to 
        coordinate the efforts of local public safety, fire service, 
        and law enforcement officials, emergency dispatch providers, 
        emergency medical service providers on end-to-end emergency 
        communications infrastructures; and
          (5) 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.

    (a) Establishment of Universal Service 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 1999.''.
    (b) Technical Support.--The Federal Communications Commission shall 
provide technical support to States to support and encourage the 
development of statewide plans for the deployment and functioning of a 
comprehensive end-to-end emergency communications infrastructure, 
including enhanced wireless 911 service, on a coordinated statewide 
basis. In supporting and encouraging such deployment and functioning, 
the Commission shall consult and cooperate with State and local 
officials responsible for emergency services and public safety, the 
telecommunications industry (specifically including the cellular and 
other wireless telecommunications service providers), the motor vehicle 
manufacturing industry, emergency medical service providers and 
emergency dispatch providers, 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).

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

    (a) Provider Parity.--A wireless carrier, and its officers, 
directors, employees, vendors, and agents, shall have immunity or other 
protection from liability 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. 5. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.

    Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is 
amended--
          (1) in subsection (d)--
                  (A) by striking ``or'' at the end of paragraph (2);
                  (B) by striking the period at the end of paragraph 
                (3) and inserting a semicolon;
                  (C) by adding at the end the following new 
                paragraphs:
          ``(4) to provide call location information concerning the 
        user of a commercial mobile service (as such term is defined in 
        section 332(d))--
                  ``(A) to a public safety answering point, emergency 
                medical service provider or emergency dispatch 
                provider, public safety, fire service, or law 
                enforcement official, or hospital emergency or trauma 
                care facility, in order to respond to the user's call 
                for emergency services;
                  ``(B) to inform the user's legal guardian or members 
                of the user's immediate family of the user's location 
                in an emergency situation that involves the risk of 
                death or serious physical harm; or
                  ``(C) to providers of information or database 
                management services solely for purposes of assisting in 
                the delivery of emergency services in response to an 
                emergency; or
          ``(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 (h) and by 
        inserting before such subsection the following new subsections:
  ``(f) Authority To Use Wireless Location Information.--For purposes 
of subsection (c)(1), without the express prior authorization of the 
customer, a customer shall not be considered to have approved the use 
or disclosure of or access to--
          ``(1) call location information concerning the user of a 
        commercial mobile service (as such term is defined in section 
        332(d)), other than in accordance with subsection (d)(4); or
          ``(2) automatic crash notification information to any person 
        other than for use in the operation of an automatic crash 
        notification system.
  ``(g) Subscriber Listed and Unlisted Information for Emergency 
Services.--Notwithstanding subsections (b), (c), and (d), a 
telecommunications carrier that provides telephone exchange service 
shall provide information described in subsection (h)(3)(A) (including 
information pertaining to subscribers whose information is unlisted or 
unpublished) that is in its possession or control (including 
information pertaining to subscribers of other carriers) on a timely 
and unbundled basis, under nondiscriminatory and reasonable rates, 
terms, and conditions to providers of emergency services, and providers 
of emergency support services, solely for purposes of delivering or 
assisting in the delivery of emergency services.'';
          (3) in subsection (h)(1)(A) (as redesignated by paragraph 
        (2)), by inserting ``location,'' after ``destination,''; and
          (4) in such subsection (h), by adding at the end the 
        following new paragraphs:
          ``(4) Public safety answering point.--The term `public safety 
        answering point' means a facility that has been designated to 
        receive emergency calls and route them to emergency service 
        personnel.
          ``(5) Emergency services.--The term `emergency services' 
        means 911 emergency services and emergency notification 
        services.
          ``(6) Emergency notification services.--The term `emergency 
        notification services' means services that notify the public of 
        an emergency.
          ``(7) Emergency support services.--The term `emergency 
        support services' means information or data base management 
        services used in support of emergency services.''.

SEC. 6. DEFINITIONS.

    As used in this Act:
          (1) The term ``State'' means any of the several States, the 
        District of Columbia, or any territory or possession of the 
        United States.
          (2) 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.
          (3) 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.
          (4) 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.
          (5) The term ``wireless 911 service'' means any 911 service 
        provided by a wireless carrier, including enhanced wireless 911 
        service.

                          Purpose and Summary

    The purpose of H.R. 438, the Wireless Communications and 
Public Safety Act of 1999, is to promote and enhance public 
safety through the use of wireless communications services. The 
bill does so by requiring that the Federal Communications 
Commission (FCC or the Commission) designate ``911'' as the 
universal emergency telephone number for both wireline and 
wireless telephone calls. H.R. 438 also requires the FCC to 
provide support to the States in the development of State-wide 
coordinated plans for the deployment of end-to-end 
communications infrastructure for emergency services, and 
provides incentives for greater deployment and use of wireless 
telecommunications services.
    To encourage the rapid deployment of wireless 
telecommunications facilities, 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. Currently, in many areas 
across the country, there are ``holes'' or ``dead zones'' in 
the wireless network where a wireless call cannot be 
transmitted due to the absence of a nearby cellular or personal 
communications services (PCS) antenna. The extension of 
protection from liability to wireless carriers, of the same 
degree enjoyed in a particular State by a wireline carrier, 
will facilitate filling in these dead zones and the provision 
of emergency wireless services, thereby enhancing public 
safety. The bill also encourages the provision and use of 
wireless services by providing protection to users'' location 
information by specifying the conditions under which such 
information may be disclosed to third parties.

                  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 68 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 36 million calls to 911 placed on wireless phones 
annually, or 98,000 a day. The call volume has increased from 
30 million in 1997, or 84,000 a day. This volume is expected to 
increase 20 percent annually. 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. A wireless telephone 
is worthless unless the call goes through.
    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 
General Services Administration (GSA) have engaged in any kind 
of concerted effort to make their properties available for 
antenna siting. The Committee believes the Administration must 
expeditiously address this failure by numerous agencies to 
comply with the President's 1995 memorandum and provisions in 
the 1996 Telecommunications Act.
    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. The 
Committee,therefore, notes with encouragement the National Park 
Service (NPS) memorandum, included in this report, in which NPS commits 
to facilitating and expediting the leasing of Federal property under 
its control to site wireless telecommunications antennae.
    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 over 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 
Representative Pat Danner from the Committee's March 24, 1998 
oversight hearing:

          Last year, on Thanksgiving Day, a couple from Lenexa, 
        Kansas was driving on U.S. 71 in Southwestern Missouri 
        . This couple, Greg and Luann Bertaux, observed a 
        minivan weaving through traffic, driving at an erratic 
        speed, and crossing both the road's shoulder and its 
        center line. Using a cellular phone, Luann tried to 
        reach assistance. However, because she was unaware that 
        the cellular emergency number in Missouri is *55, she 
        was unable to reach assistance quickly.
          After attempting several different numbers (911, 
        information for the local police, but since they were 
        from out of State, they weren't sure of their location. 
        etc.), she was finally able to reach an operator who 
        connected her to a local police station. However, by 
        that time, it was too late. As the police were 
        beginning to erect a roadblock, the minivan collided 
        with an oncoming vehicle, resulting in the death of 
        three people, including a two year old child and his 22 
        year old mother. This tragic accident might have been 
        avoided if Mrs. Bertaux had been able to reach 
        authorities on her first attempt.
          It is troubling that this tragic situation could 
        occur almost anywhere in the nation. In fact, if a 
        motorist were to travel from the 6th Congressional 
        District of Missouri to Washington, D.C. on I-70, the 
        traveler would have to know to dial *55 in Missouri, 
        *999 in Illinois, 911 in Indiana, *DUI in Ohio, 911 in 
        Pennsylvania, and *77 in Maryland. In other words, the 
        6 States between Kansas City and Washington, D.C. have 
        5 different cellular assistance numbers. Further, in 
        the United States as a whole, there are as many as 15 
        cellular assistance numbers. Some States actually have 
        two cellular emergency numbers: in Kansas, for 
        instance, a motorist on the Kansas Turnpike would dial 
        *KTA, but would have to dial *47 from all other 
        roadways. The system simply should not be so 
        convoluted. (Serial No. 105-74, p. 5).

    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 when travelers or 
mobile users away from the safety of their homes are in danger, 
or need to report dangerous or illegal behavior, 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. 438 does so by directing 
the FCC to use its existing and exclusive numbering authority 
to designate 911 as the nationwide emergency number.
    Lastly, it is also important that when a public safety 
answering point (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 user 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. In some instances, a user that has 
sustained a serious injury may be unable to communicate any 
useful location information.
    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 necessary to receive the enhanced information, they 
currently do not request number and cell-site information. 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 or engage in State-wide coordination for 
deploying end-to-end communications infrastructure for 
emergency services.
    The implementation of this important FCC Enhanced 911 Order 
(E911) and the broader goals described by the findings of this 
legislation require significant cooperation amongst the 
stakeholder parties, and significant leadership by all levels 
of government, both Federal, State and local. A central purpose 
of the legislation is to encourage that cooperation and 
leadership. The Committee recognizes that most of the key 
decisions in this area will not be made by the Federal 
government; they will be made in the private sector, and by 
State and local governments. Moreover, this legislation is only 
one part of the solution.
    One section of the legislation directs the FCC to play a 
much more assertive role in encouraging and assisting the 
States to deploy these advanced safety systems. Since the 
Commission's 1996 E911 Order, reaffirmed at the end of 1997, 
implementation has lagged. For instance, only 6-7 percent of 
the country is now served by systems operating under the 
requirement, that was supposed to be met in April 1998 , for 
automatic number identification to be forwarded upon PSAP 
request. The Committee's strong intent is that the Commission 
must lead, identifying and seeking solutions to overcome 
barriers for the implementation of end-to-end emergency 
communications systems.
    There is a wide variation in State and local emergency 
communications systems in the United States. Most do not have 
the software or equipment to accept wireless enhanced 911 data, 
much less sophisticated automatic crash triage information, and 
coordinated networks with emergency medical facilities. The 
purpose of the legislation is to encourage investment in 
emergency communications systems and other public safety 
initiatives, so that emergency organizations of States and 
localities are equipped with 21st Century technology to address 
the public safety challenges they currently face.
    The Committee recognizes that many States currently 
administer effective 911 systems. The Committee also recognizes 
that most of the actual implementation of E911 systems will be 
at the local level. So the Committee supports a careful balance 
between the need for Federal and State leadership and the 
responsibilities of local jurisdictions and others to provide 
911 dispatching and emergency services. It is, therefore, not 
the intent of the Committee that any State 911 laws be 
superseded. Rather, the legislation is intended to encourage 
the Commission and the States to develop and implement 
coordinated State plans to upgrade 911 systems--and to do so 
with all the affected parties involved in the process.
    The physics and market structure of commercial wireless 
telecommunications, and the nature of emergency medical 
services mean, as a practical matter, that the end-to-end 
emergency communications systems contemplated by the 
legislation cannot be entirely developed in many or most cases 
on a city by city, or county by county basis, although local 
government will play a central planning and implementation 
role. With wireless carrier service areas spanning multiple 
jurisdictions (and even multiple States), with trauma and other 
emergency medical services often serving multiple 
jurisdictions, and with 15,000 PSAPs, there clearly needs to be 
coordinated, State-wide efforts to rationalize and advance 
emergency networks, procedures, and policies. This is true for 
E911, as well as for follow-on technologies such as Automatic 
Crash Notification, intelligent transportation systems, and 
similar efforts.
    The legislation requires the Commission to encourage and 
assist the States in developing and implementing end-to-end 
systems, and to consult with key State officials (the heads of 
the lead agencies affected, e.g., State public safety, State 
EMS, and the like), key local officials (e.g., heads of 911 
agencies), and a variety of other stakeholders ranging from 
medical professionals to transportation officials to automobile 
consumer groups. The Committee believes that the best way to 
enhance public safety by deploying these new technologies is to 
involve all the key stakeholders in overall planning and keep 
them involved as the technologies are implemented. Synergies 
resulting in enhanced public safety may be achieved by 
integrating the planning of wireless emergency communications 
with technologies for highway congestion and traffic 
management. Integrating intelligent transportation technologies 
and emergency communications should reduce the costs of both in 
saving lives, reducing injuries, and improving the efficiency 
of our nation's highways.
    The Committee believes strongly that the construction and 
operation of seamless, ubiquitous, reliable wireless systems 
serve the public interest by enhancing public safety, improving 
the usefulness of communications services, and facilitating 
interstate commerce. 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 a legislative hearing on H.R. 438 on February 
3, 1999. The Subcommittee received testimony from: Mr. Thomas 
Sugrue, Wireless Telecommunications Bureau Chief, Federal 
Communications Commission; Captain Joe Hanna, Richardson Texas 
Police Department on behalf of the Association of Public-Safety 
Communications Officials, International Inc.; Ms. Maureen 
Finnerty, Associate Director, Parks Operations and Education, 
Department of the Interior; Mr. Thomas E. Wheeler, President 
and CEO, Cellular Telecommunications Industry Association; Mr. 
James X. Dempsey, Senior Staff Counsel, Center for Democracy 
and Technology; and, Mr. Michael Amarosa, Vice President, 
Public Affairs, TruePosition, Inc.

                        Committee Consideration

    On February 10, 1999, the Subcommittee on 
Telecommunications, Trade, and Consumer Protection met in open 
markup session and approved H.R. 438, the Wireless 
Communications and Public Safety Act of 1999, for Full 
Committee consideration, amended, by a voice vote.
    On February 11, 1999, the Committee met in open markup 
session and ordered H.R. 438 reported to the House, as amended, 
by a voice vote, a quorum being present.

                             Rollcall Votes

    Clause 3(b) of rule XIII 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. 438 
reported. A motion by Mr. Bliley to order H.R. 438 reported to 
the House, as amended, was agreed to by a voice vote, a quorum 
being present.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held a legislative 
hearing and made findings that are reflected in this report.

           Committee on Government Reform Oversight Findings

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee concurs with the 
finding of the Congressional Budget Office that H.R. 438, the 
Wireless Communications and Public Safety Act of 1999, would 
result in no new or increased budget authority, entitlement 
authority, or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 23, 1999.
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. 438, the Wireless 
Communications and Public Safety Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Kim Cawley 
(for federal costs), Lisa Cash Driskill (for the state and 
local impact), and Lesley Frymier (for the private-sector 
impact).
            Sincerely,
                                         Robert A. Sunshine
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 438--Wireless Communications and Public Safety Act of 1999

    Summary: H.R. 438 would require the Federal Communications 
Commission (FCC) to designate 911 as the universal emergency 
telephone number for wireline and wireless service within the 
United States for reporting an emergency to appropriate 
authorities and requesting assistance. The bill also would 
provide protection for wireless carriers and persons using 
wireless 911 services from liability associated with 
transmission errors or other technical failures. Under the 
bill, such liability protection would be no less than that 
provided in federal and state law for wireline 911 services and 
users.
    CBO estimates that enacting H.R. 438 would have no 
significant effect on the federal budget. H.R. 438 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). H.R. 438 would impose a new private-sector mandate 
on telecommunications carriers that provide telephone exchange 
service. CBO estimates that the direct cost of the new private-
sector mandate would fall well below the statutory threshold as 
defined in UMRA ($100 million in 1996, adjusted annually for 
inflation).
    Estimated cost to federal government: Based on information 
from the FCC, CBO estimates that promulgating regulations to 
implement this bill would cost less than $500,000, assuming the 
availability of appropriated funds. Furthermore, under current 
law the FCC is authorized to collect fees from the 
telecommunications industry sufficient to offset the cost of 
its regulatory program. Therefore, CBO estimates the net 
budgetary effect of H.R. 438 would be negligible.
    Pay-as-you-go considerations: None.
    Estimated impact on state, local & tribal governments--
Mandates: H.R. 438 contains intergovernmental mandates as 
defined in UMRA, but CBO estimates that they would impose no 
costs on state and local governments. The bill would preempt 
state laws to provide users of wireless 911 services and 
wireless companies protection from liability that is not less 
than that provided to users of 911 wireline service and 
wireline companies. States would have the ability to enact 
legislation that could alter some aspects of the parity of 
protection afforded to wireless companies, if they did so 
within two years of the passage of this bill. The bill would 
prevent states from applying a higher standard of liability to 
wireless 911 services than is applied to wireline 911 services.
    Information from industry sources and associations of state 
and local governments 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. Because states would not be 
required to pass legislation for these liability protections to 
apply, CBO estimates that no costs would be associated with the 
mandates.
    Other Impacts. Section 3 would direct 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 is limited to private carriers, not 
state and local governments, CBO believes that it is unlikely 
that this section would impose an intergovernmental mandate 
requiring state and local governments to change their emergency 
numbering systems.
    Estimated impact on the private sector: H.R. 438 would 
impose a new private-sector mandate on telecommunications 
carriers that provide exchange service. Those companies would 
be required to provide subscriber information (including 
unlisted and unpublished information) to providers of 911 
emergency services and emergency notification services and to 
providers of information or database management services used 
in support of certain emergency services.
    According to the FCC, this new mandate would apply to local 
phone companies and some wireless carriers. Under current law, 
local phone companies are already required to provide published 
(but not unlisted or unpublished) subscriber information to any 
person, upon request, for the purpose of publishing 
directories. According to industry sources, many carriers 
voluntarily provide this information to 911 providers as well. 
In addition, based on information from the Cellular Telephone 
Industry Association, CBO does not expect the mandate to impose 
significant costs on the wireless industry. Therefore, CBO 
estimates that the direct costs of complying with the new 
private-sector mandate would fall well below the statutory 
threshold established in UMRA ($100 million in 1996, adjusted 
annually for inflation).
    Estimate prepared by: Federal Costs: Kim Cawlay. Impact on 
State, Local, and Tribal Governments: Lisa Cash Driskill. 
Impact on the Private Sector: Lesley Frymier.
    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

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII 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.

                  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.

             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 1999.''

Section 2. Findings and purpose

    Section 2 contains the findings and purpose of H.R. 438. 
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 State-wide 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 3. Universal emergency telephone number

    Section 3 amends subsection 251(e) of the Communications 
Act of 1934 by adding a paragraph requiring the FCC to use its 
existing and exclusive numbering authority to designate 911 as 
the universal emergency telephone number for both wireless and 
wireline telecommunications services. In implementing this 
provision, the FCC shall require wireless and wireline carriers 
to offer 911 to their subscribers as the number to call in an 
emergency. Nothing in this section is intended to impose an 
obligation on States or localities. Given that many PSAPs do 
not currently use 911 as the emergency wireless number, the FCC 
may choose to determine that a requirement on the carriers to 
offer 911 service, regardless of whether the PSAP has already 
converted to 911, would serve the public interest. Such a rule 
would thereby permit a user in any location in the United 
States to dial 911 on a wireline or wireless phone where 
service is available, and be connected to the local PSAP.
    The Committee notes that an expeditious implementation of 
this section will serve the public's interest in increased 
public safety by minimizing subscriber confusion over the 
appropriate number to call in an emergency. However, the 
legislation allows for a reasonable transition period for those 
areas where 911 is not currently the emergency number, in order 
to provide wireline and wireless telecommunications carriers 
the necessary time to implement the technical modifications to 
their networks, to permit translation of 911 at the appropriate 
network points into the emergency number in use by the PSAPs in 
a particular jurisdiction. Section 3, therefore, requires the 
FCC to provide appropriate transition periods for areas in 
which 911 is not in use upon enactment. The Committee intends 
that these transition periods should be determined by service 
area-specific circumstances and capabilities, rather than a 
single period applied to all regions. The Committee notes that 
the goals of the overall legislation in enhancing public safety 
communications require the close cooperation of all key 
stakeholder groups.
    The Committee urges interested parties to use these 
transition periods to convert to 911 as expeditiously as 
possible. The Committee expects that the implementation of 911 
as the universal emergency number will be a cooperative effort 
among the FCC, carriers, PSAPs, and State and local 
governments. States retain their existing authority to 
establish appropriate mechanisms for the recovery of 
implementation costs. However, the Committee urges States to 
use their cost-recovery mechanisms to fund transition to 911, 
where necessary, as well as to offset costs of providing 
enhanced emergency services.
    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 
callingsystems. This provision is not intended to affect that 
decision in any way and the Committee expects that the Commission will 
proceed in a manner that serves the public interest.
    Subsection 3(b) requires the FCC to support the States in 
the development of coordinated, State-wide plans for the 
deployment of end-to-end communications infrastructure. By end-
to-end communications infrastructure, the Committee means the 
integration of wireless telecommunications services, 
intelligent highway systems including automatic crash 
notification technology, and PSAP services. The Commission is 
required to consult with State and local officials and industry 
representatives and medical professionals. The parties listed 
represent the key stakeholders in such an infrastructure, but 
the list should not be viewed as necessarily exclusive, should 
other interested parties wish to be included in such a process.

Section 4. Parity of protection for provision or use of wireless 
        services

    Section 4 is intended to provide wireless carriers with the 
same degree of liability protection as enjoyed by wireline 
carriers in their provision of telecommunications services. The 
Committee received 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 wireless tariffs they file. Subsection 4(a) 
provides States two years to enact liability statutes governing 
the provision of wireless services. If such State statutes are 
not enacted, subsection 4(c) will continue to provide 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. 
This section will permit wireless carriers to offer and assess 
charges for commercial mobile radio services, including roaming 
and new services such as calling party pays, without the risk 
of disproportionate liability within a State.
    Subsection 4(a) provides liability protection for wireless 
emergency calls upon enactment, on a State-by-State parity 
basis. Protected emergency activities include transmission 
errors, failures, network outages, or other technical 
difficulties arising in the 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 4(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.

Section 5. Authority to provide location information

    Section 5 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 5 also permits 
carriers to provide call location information to transmit crash 
information through a motor vehicle's automatic crash 
notification system or to providers of information or database 
management service providers, to support the delivery of an 
emergency service. Section 5 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'' and to require user's express 
prior authorization before location information can be used for 
commercial purposes. Section 5 further amends Section 222 by 
requiring telephone exchange carriers to provide subscriber 
information to providers of emergency services and to 
information or database management services, for purposes of 
delivering, or assisting in the delivery, of emergency 
services. Such a carrier would have to provide subscriber 
telephone numbers and addresses (including information 
pertaining to subscribers whose information is unlisted or 
unpublished) that is in its possession or control (including 
information pertaining to subscribers of other carriers) on a 
timely and unbundled basis, under non-discriminatory terms, to 
providers of emergency services, or information or database 
management services providers.
    New section 222(f) requires a carrier to provide the 
required subscriber information on a timely and unbundled 
basis, on nondiscriminatory and reasonable rates, terms, and 
conditions. The Committee notes that this information is 
available in electronic form, and thus it can and should be 
provided almost instantaneously in order to satisfy the 
``timely'' requirement. In the case of emergency services and 
emergency support services, lives may be at stake if entities 
cannot obtain updated information on a near-real time basis. 
The ``unbundled'' requirement means, for instance, that the 
subject information must be made available separate from 
customer proprietary network information except as may 
otherwise be permitted under section 222. The Committee 
stresses that carriers must provide the subject information on 
reasonable and nondiscriminatory terms. This imposes an 
affirmative duty on carriers to provide the information, and 
requires them to make the information available to requesting 
entities on terms at least as favorable as they provide it to 
themselves or their own affiliates. Finally, the Committee 
believes that a ``reasonable'' rate for purposes of this 
section should be cost-based, and that this cost should be 
minimal in view of the fact that carriers already collect the 
required information.

Section 6. Definitions

    Section 6 defines ``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(e) 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)  * * *
          (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))--
                  (A) to a public safety answering point, 
                emergency medical service provider or emergency 
                dispatch provider, public safety, fire service, 
                or law enforcement official, or hospital 
                emergency or trauma care facility, in order to 
                respond to the user's call for emergency 
                services;
                  (B) to inform the user's legal guardian or 
                members of the user's immediate family of the 
                user's location in an emergency situation that 
                involves the risk of death or serious physical 
                harm; or
                  (C) to providers of information or database 
                management services solely for purposes of 
                assisting in the delivery of emergency services 
                in response to an emergency; or
          (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 or disclosure of or access 
to--
          (1) call location information concerning the user of 
        a commercial mobile service (as such term is defined in 
        section 332(d)), other than in accordance with 
        subsection (d)(4); or
          (2) automatic crash notification information to any 
        person other than for use in the operation of an 
        automatic crash notification system.
  (g) Subscriber Listed and Unlisted Information for Emergency 
Services.--Notwithstanding subsections (b), (c), and (d), a 
telecommunications carrier that provides telephone exchange 
service shall provide information described in subsection 
(h)(3)(A) (including information pertaining to subscribers 
whose information is unlisted or unpublished) that is in its 
possession or control (including information pertaining to 
subscribers of other carriers) on a timely and unbundled basis, 
under nondiscriminatory and reasonable rates, terms, and 
conditions to providers of emergency services, and providers of 
emergency support services, solely for purposes of delivering 
or assisting in the delivery of emergency services.
  [(f)] (h) Definitions.--As used in this section:
          (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

           *       *       *       *       *       *       *

          (4) Public safety answering point.--The term ``public 
        safety answering point'' means a facility that has been 
        designated to receive emergency calls and route them to 
        emergency service personnel.
          (5) Emergency services.--The term ``emergency 
        services'' means 911 emergency services and emergency 
        notification services.
          (6) Emergency notification services.--The term 
        ``emergency notification services'' means services that 
        notify the public of an emergency.
          (7) Emergency support services.--The term ``emergency 
        support services'' means information or data base 
        management services used in support of emergency 
        services.

           *       *       *       *       *       *       *


              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 on the date of enactment of the 
        Wireless Communications and Public Safety Act of 1999.

           *       *       *       *       *       *       *

                            A P P E N D I X

                              ----------                              

                        Department of the Interior,
                                     National Park Service,
                                                    Washington, DC.
Hon. Tom Bliley,
Chairman, Committee on Commerce, House of Representatives, Washington, 
        DC.
    Dear Mr. Chairman: In connection with H.R. 438, the 
Wireless Communications and Public Safety Act of 1999 (Act), 
which is scheduled to be marked up by your committee on 
February 10, 1999, I am pleased to enclose a National Park 
Service (NPS) Memorandum which clarifies certain issues 
concerning NPS compliance with the Telecommunications Act of 
1996 (47 U.S.C. 332) on processing applications to site 
wireless telecommunication antennae on NPS lands.
    I will summarize the contents of the Memorandum:
    Parks will encourage meetings with telecommunication 
antenna applicants, as necessary, at any time during the 
application process, particularly in cases when a Park is 
considering denying an application.
    In reviewing such applications, Parks will consider the 
safety of the visiting public as a factor.
    The NPS, with the assistance of the Bureau of Land 
Management, the Fish and Wildlife Service, and the industry, 
will develop a Service-wide fee schedule for permit fees that 
will not exceed fair market value.
    Parks will conduct the review processes required under the 
National Environmental Policy Act (NEPA) and the National 
Historic Preservation Act (NHPA) in an expeditious manner 
consistent with all applicable laws.
    When an Environmental Assessment is sufficient to satisfy 
NEPA compliance Parks should seek, to the extent possible, to 
complete compliance within 120 days of receipt of an 
application. Should delays occur or be expected to occur, the 
Park should inform the applicant of the probable delay and 
discuss the expected time schedule occasioned by the delay.
    In circumstances when an environmental impact statement is 
required, to the extent possible, the resulting Record of 
Decision should be issued within 12 to 18 months of receipt of 
the initial application. Should delays occur or be expected to 
occur, the Park should inform the applicant of the probable 
delay and discuss the expected time schedule occasioned by the 
delay.
    The NPS will develop and conduct in the near future 
additional training on implementing the Telecommunications Act 
of 1996, NPS telecommunications siting process policy, and 
related environmental impact analysis.
    We believe the points raised in the Memorandum demonstrate 
our commitment to processing telecommunication antenna 
applications as expeditiously as possible, consistent with 
applicable laws and in accordance with the mission of the NPS. 
We are particularly pleased by your committee's willingness to 
work with the Department in addressing our concerns by removing 
the section of the Act which addressed the processing of 
antenna applications on federal lands.
            Sincerely,
                                            Robert Stanton,
                                                          Director.
    Enclosure.

                               memorandum

To: Directorate, Field Directorate, Regional Associate Directors for 
        Operations, Park Superintendents.
From: Deputy Director.
Subject: Clarification of Director's Order 53A--Telecommunication 
        Antenna Sites.

    Since Director's Order 53A was finalized and distributed to 
the field, some misunderstandings about parts of it have 
arisen. This directive is intended to clarify the 
misunderstandings.
    It is the policy and intent of the National Park Service 
(NPS) to comply with the Telecommunications Act of 1996 (47 
U.S.C. 332) in all aspects including but not limited to the 
following:
    Parks will encourage meetings with telecommunication 
antenna applicants at any time during the decision making 
process as necessary, particularly if the park is considering 
denying the application. In such instances, the applicant will 
be given an opportunity to discuss the pending application and 
the park's concerns before a final decision is made.
    Parks will consider the safety of the visiting public as a 
factor when reviewing telecommunication antenna applications. 
Public safety, in this context, refers to telephonic access to 
emergency law enforcement and public safety services;
    With the help of park and regional personnel as well as 
Bureau of Land Management, Fish and Wildlife Service and the 
industry, we will develop a Servicewide fee schedule that will 
not exceed fair market value;
    The National Environmental Policy Act (NEPA) and National 
Historic Preservation Act (NHPA) review processes will be 
conducted expeditiously and consistent with all applicable 
statutes.
    To the extent possible, where an environmental assessment 
may be sufficient to satisfy NEPA compliance, parks should seek 
to complete the environmental review process within 120 days of 
receipt of an application. Should delays occur or be expected 
to occur, the park should inform the applicant of the probable 
delay and discuss an expected time schedule;
    The NPS will, in the very near future, develop and conduct 
additional training on implementing the Telecommunications Act 
of 1996, NPS telecommunication siting process policy, and 
related environmental impact analysis. We expect to conduct 
three sessions--one in the east, one mid-continent, and one in 
the west. Each regional director should ensure that the 
region's telecommunications or special park uses coordinator 
and regional environmental coordinator attend one of the 
sessions. Superintendents of parks, which have or expect to 
have telecommunications antenna siting applications should also 
attend.
    Should you have questions or need assistance in dealing 
with these issues, please feel free to contact Dick Young or 
Chris Andress in WASO, Ranger Activities. For NEPA related 
questions, please contact Jacob J. Hoogland or Sarah Bransom in 
the Environmental Quality Division.

                                
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