[Senate Report 106-138]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 255
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-138
_______________________________________________________________________





         WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999

                               __________

                              R E P O R T

                                 of the

                  COMMITTEE ON COMMERCE, SCIENCE, AND

                             TRANSPORTATION

                                   on

                                 S. 800




                 August 4, 1999.--Ordered to be printed

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
69-010                     WASHINGTON : 1999


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred sixth congress
                             first session

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             JOHN D. ROCKEFELLER IV, West 
TRENT LOTT, Mississippi                  Virginia
KAY BAILEY HUTCHISON, Texas          JOHN F. KERRY, Massachusetts
OLYMPIA SNOWE, Maine                 JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri              RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee                BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan            RON WYDEN, Oregon
SAM BROWNBACK, Kansas                MAX CLELAND, Georgia
                       Mark Buse, Staff Director
                  Martha P. Allbright, General Counsel
     Ivan A. Schlager, Democratic Chief Counsel and Staff Director
               Kevin D. Kayes, Democratic General Counsel

                                                       Calendar No. 255
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-138

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



 
         WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999

                                _______
                                

                 August 4, 1999.--Ordered to be printed

                                _______


       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 800]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 800) ``A Bill 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 for other purposes'', having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    This legislation promotes public safety by making 9-1-1 the 
universal emergency assistance number, by furthering deployment 
of wireless 9-1-1 capabilities and related functions, and by 
encouraging construction and operation of seamless, ubiquitous, 
and reliable networks for wireless services.

                          Background and Needs

    Over the years Americans facing emergency situations have 
become accustomed to dialing 9-1-1 on their wireline telephone. 
Today, however, more than 74 million Americans subscribe to 
wireless telephone service as a supplement to, or replacement 
for, their wireline telephone service. Many of them do so for 
safety reasons, especially when traveling.
    However, in many areas contacting safety services using a 
wireless telephone is not simply a matter of dialing 9-1-1, as 
it is using a wireline phone. In fact, there are more than 20 
different emergency wireless numbers across the United States. 
For example, a motorist traveling from Kansas City to 
Washington on Interstate 70 would need to know to dial ``Star'' 
55 in Missouri, ``Star'' 999 in Illinois, 9-1-1 in Indiana, 
``Star'' DUI in Ohio, 9-1-1 in Pennsylvania and ``Star'' 77 in 
Maryland. Moreover, there may even be different emergency 
numbers at different points along the interstate highways 
within one state. This lack of consistency hampers the 
usefulness of wireless telephones in sudden emergencies, and 
fosters confusion and uncertainty for those who need 
assistance. According to testimony before the Committee, the 
Saint Louis Dispatch recently reported that more than 50 
percent of Missourians surveyed did not know that ``Star 55'' 
is the emergency number to call on their wireless phone.
    Additionally, wireless telephone subscribers also lack the 
benefits provided to wireline telephone subscribers, namely 
enhanced 9-1-1 service. Enhanced 9-1-1 service provides 
emergency operators with the name, address, and telephone 
number of the caller. Because wireline phones are at a fixed 
location, a public safety answering point (PSAP) can determine 
the location of the caller. But because wireless phones are 
mobile, without enhanced capabilities emergency services have 
no means of identifying and locating wireless callers in the 
event of catastrophic injury or danger. Moreover, in part 
because wireless companies have not been provided with the same 
liability standards as wireline companies, Enhanced 9-1-1 
services have not been nationally implemented on wireless 
networks and, many PSAPs lack the funds to upgrade their 
equipment to be compatible with Enhanced 9-1-1.
    S. 800 promotes public safety by establishing 9-1-1 as the 
universal emergency telephone number within the United States. 
This bill also provides for the prompt deployment of a reliable 
and ubiquitous national wireless 9-1-1 system and calls for the 
Federal Communications Commission, states, and local 
governments to develop coordinated plans to implement wireless 
E-9-1-1. The bill also directs the Federal Communications 
Commission to support state efforts to create an end-to-end 
communications network. Establishing this national wireless 9-
1-1 system will help people notify emergency services quickly, 
and thus reduce the time it takes to assist those in need.
    S. 800 also confers upon wireless telecommunications users 
and providers of 9-1-1 the same liability protection that a 
given state confers on its wireline users and carriers, and 
establishes that the Public Safety Answering Point, or PSAP, 
has the same immunity from liability regardless of whether the 
9-1-1 call is made on a wireless or wireline system. Finally, 
the bill provides privacy protection for the call location 
information of users of wireless phones, including such 
information provided by an automatic crash notification system. 
Thus, S. 800 will help expedite the development of an 
ubiquitous, national, enhanced, emergency services network.

                          Legislative History

    On April 14, 1999, S. 800, the Wireless Communications and 
Public Safety Act of 1999, was introduced by Senator McCain (R-
AZ), Chairman of the Committee on Commerce, Science, and 
Transportation, and Senator Burns (R-MT), Chairman of the 
Subcommittee on Communications. On May 12, 1999, Senator Burns 
chaired a hearing to review the current status of safety and 
emergency service for wireless telephone users. Testimony was 
given by Mr. George Heinrichs, President and CEO, SCC 
Communications Corp.; Mr. Thomas Wheeler, President and CEO, 
Cellular Telecommunications Industry Association; and Mr. Mark 
Wildey, Director of Communications Technology, West Metro Fire 
Protections District. On June 23, 1999, the Committee on 
Commerce, Science, and Transportation ordered the bill to be 
reported (with amendments) favorably.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

               congressional budget office cost estimate

S. 800--Wireless Communications and Public Safety Act of 1999

    Summary: CBO estimates that enacting S. 800 would have no 
significant effect on the federal budget. The bill 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.
    S. 800 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA), but would impose no 
costs on state, local, or tribal governments. The bill would 
preempt state laws that establish different standards of 
liability for wireless and wireline users and providers in 
certain circumstances.
    S. 800 would impose a new private-sector mandate on local 
phone companies and wireless carriers that provide telephone 
exchange service. CBO estimates that the cost of the mandate 
would be well below the statutory threshold established 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 impact of S. 800 would be negligible.
    Pay-as-you-go considerations: None
    Estimated impact on State, local, and tribal governments: 
Mandates.--S. 800 contains intergovernmental mandates as 
defined in UMRA, but CBO estimates that these mandates would 
impose no costs on state, local, or tribal governments. The 
bill would require that states provide an equal standard of 
liability for: (1) users of wireless 911 services and users of 
911 wireline services, (2) wireless communication companies and 
wireline communication companies, (3) wireless public safety 
answering points (PSAPs) and wireline PSAPs, and (4) 911 
services provided by wireless companies and 911 services 
provided by wireline companies.
    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. Consequently, this provision 
would not affect state and local budgets.
    Other impacts--Section 3 of the bill 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 (e.g., ``*55'' or ``#77''). Because 
the FCC's authority over 911 service is limited to private 
carriers, not state and local governments, CBO believes it is 
unlikely that this section would result in an intergovernmental 
mandate requiring state and local governments to change their 
emergency numbering systems.
    Estimated impact on the private sector: S. 800 would impose 
a new private sector mandate on local phone companies and 
wireless carriers that provide telephone exchange service. 
Under the bill, those companies would be required to provide 
subscriber identification information (including unlisted and 
unpublished information) to providers of 911 emergency services 
and to providers of certain emergency support services used to 
assist or deliver emergency services. According to industry 
sources, nearly all local phone companies voluntarily provide 
such information to 911 providers. Current regulations require 
that wireless carriers transmit 911 calls (with subscriber 
identification information) to a designated facility to handle 
emergency calls. Consequently, CBO believes that this private-
sector mandate would have little effect on the operations of 
those telecommunications carriers and, therefore, would have 
direct costs well below the statutory threshold established in 
UMRA ($100 million in 1996, adjusted annually for inflation).
    Previous CBO estimate: On February 23, 1999, CBO 
transmitted a cost estimate for H.R. 438, the Wireless 
Communications and Public Safety Act of 1999, as ordered 
reported by the House Committee on Commerce on February 11, 
1999. H.R. 438 and S. 800 are very similar, and CBO estimated 
that the net budgetary impact of H.R. 438 also would be 
negligible.
    Estimate prepared by: Federal Costs: Mark Hadley. Impact on 
State, Local, and Tribal Governments: Shelley Finlayson. Impact 
on the Private Sector: Jean Wooster.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

    The Committee believes that the bill will not subject any 
individuals or businesses affected by the bill to any 
additional regulation.

                            ECONOMIC IMPACT

    After full implementation of the bill, individuals and 
businesses will benefit from the increased certainty provided 
by a national emergency number and Enhanced 9-1-1 services. 
Moreover, the bill encourages the establishment of a national, 
ubiquitous, reliable end-to-end infrastructure for 
communications, which will help meet the Nation's public safety 
and other communications needs.

                                privacy

    S. 800, the Wireless Communications and Public Safety Act 
of 1999, will not have any adverse impact on the personal 
privacy of individuals. Although the bill involves the transfer 
of personal information, Section 5 specifically limits the use 
of such information solely for purposes of delivering or 
assisting in the delivery of emergency services. There will be 
no impact on personal privacy as a result of this legislation.

                               PAPERWORK

    Although the provision of personal information to emergency 
providers and related entities will entail an increase in the 
transfers of that information, such transfers will most likely 
be done electronically. Thus, S. 800, the Wireless 
Communications and Public Safety Act of 1999, will not increase 
actual paperwork requirements.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides the short title of the legislation as 
reported as the ``Wireless Communications and Public Safety 
Act''.

Section 2. Findings

    In general, this section outlines the importance of 
establishing and maintaining an end-to-end communications 
infrastructure for emergency services. This section also 
recognizes that the deployment of emergency services requires 
statewide coordination among local public safety, law 
enforcement and transportation officials and emergency dispatch 
providers. This section also recognizes that prompt 
notifications will improve emergency care systems, especially 
in rural areas.

Section 3. Universal emergency telephone number

    Section 3(a) requires the Federal Communications 
Commission, and any agency or entity to which it has delegated 
authority under Section 251(e) of the Communications Act of 
1934, to designate the number 9-1-1 as the universal emergency 
telephone number within the United States for reporting an 
emergency to authorities and requesting assistance. The 
universal number applies both to wireless and wireline 
telephone service. Recognizing that many PSAPs currently have 
insufficient funding to make the technical changes necessary to 
adopt 9-1-1 as their emergency telephone number, the Federal 
Communications Commission is directed to provide appropriate 
transition periods in areas where 9-1-1 is not currently in use 
as an emergency telephone number. The Committee recognizes that 
the transition to a national 9-1-1 system will be facilitated 
by cooperation between state and local governments and the 
private sector. This legislation is intended to encourage 
cooperation in the development and implementation of 
coordinated state plans to upgrade 9-1-1 systems.
    Section 3(b) requires the Federal Communications Commission 
to encourage and support state efforts to deploy comprehensive 
end-to-end emergency communications infrastructure and 
programs. The Commission is to consult and cooperate with 
various state and local public emergency service agencies as 
well as public safety and the telecommunications industry. The 
Federal Communications Commission shall also encourage each 
state to develop and implement coordinated deployment plans. 
These state deployment plans are to be developed by an entity 
designated by the state governor that includes broad 
representation from public safety or emergency service 
providers as well as industry. The Committee notes that to be 
most effective, the development of deployment plans should 
include all affected parties, including for example, emergency 
service providers, transportation officials, and medical 
leaders.

Section 4. Parity protection for provision or use of 9-1-1 service

    Section 4(a) provides wireless carriers, and their 
officers, directors, employees, vendors and agents the same 
immunity or protection from liability as local exchange 
companies enjoy in the samejurisdiction. It is the Committee's 
intent that the definition of ``vendors'' include, but not be limited 
to, the owners of the property on which a wireless facility is 
situated, emergency location service providers and providers of 
database management.
    The Committee notes that wireline carriers receive 
liability protection from a variety of sources, including 
tariff filings. This section provides wireless carriers with 
same degree of protection as wireline carriers under State or 
Federal law, but it does not require wireline carriers to file 
tariffs, or take other affirmative action to secure equivalent 
liability protection. The Committee's intent is to establish 
liability parity between wireline and wireless carriers. To 
ensure the existence of a truly competitive market, the 
Committee believes the same liability should apply to both 
wireline and wireless carriers. The Committee wishes to make 
clear that this provision extends liability parity to wireless 
carriers for both 9-1-1 and non-9-1-1 calls. To the extent that 
a wireline tele-communications carrier is protected from 
liability on non-9-1-1 calls, regardless of the source of these 
protections, then the same protections in the same manner are 
to extend to a wireless carrier. The Committee notes that this 
provision does not preempt state liability law as practical 
matter. 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. 
Moreover, under this legislation states are still free to 
establish and determine liability. They must simply do so on a 
technology-neutral basis.
    Section 4(b) provides users of wireless 9-1-1 service the 
same immunity or protection from liability as users of non-
wireless 9-1-1 service enjoy in a particular jurisdiction. 
Liability protections for users of 9-1-1 services should be 
equally applicable regardless of the type of phone from which 
the emergency call is made.
    Section 4(c) provides a PSAP (including its employees, 
vendors, agents and any authorizing government entity) the same 
immunity or other protection from liability in matters related 
to a wireless 9-1-1 communication that it would for a wireline 
9-1-1 communications. As in section 4(a), the Committee intends 
that the definition of ``vendors'' include, but not be limited 
to, the owners of the property on which a wireless facility is 
situated, emergency location service providers and providers of 
database management. Section 4(a) provides wireless carrier 
parity with the wireline carriers on liability issues. This 
section creates the same liability parity for PSAPs regardless 
of whether the communication is made via wireline or wireless 
technology. In this context, both the commercial communications 
carriers and the PSAPs are acting to protect property and human 
safety. Thus, the Committee intends that the same standards of 
liability protections apply to both and finds no compelling 
reason for disparate treatment. For example, wireless carriers 
should have the same protections as wireline telecommunications 
carriers for acts or omissions involving the release to a PSAP, 
emergency medical service provider or emergency dispatch 
provider, public safety, fire service or law enforcement 
official, or hospital or emergency or trauma care facility of 
subscriber information related to emergency calls or emergency 
services.
    Section 4(d) sets forth that this Federal substantive law 
is enacted to enforce the Fourteenth Amendment's guarantee of 
equal protection of the law and as an exercise of the power of 
Congress to regulate interstate and foreign commerce.

Section 5. Authority to provide customer information

    This section amends Section 222 of the Communications Act 
of 1934 to address the need for use of, disclosure of, and 
access to certain information in the provision of emergency 
services. This section requires the provision of call location 
information to emergency service personnel and data management 
services solely for the purpose of assisting in the delivery of 
emergency services. It specifically authorizes the transmission 
of automatic crash notification information as part of the 
operation of an automatic crash notification system. The 
Committee does not intend the phrase ``solely for the purposes 
of delivering or assisting in the delivery of emergency 
services'' to address whether a telecommunications carrier that 
provides telephone exchange service must unbundle the elements 
to non-telecommunications carriers.
    The Committee notes that when 9-1-1 is dialed from a 
wireline phone, the dispatcher receives data indicating the 
phone number and the address from which the call was placed. 
This ``Enhanced 9-1-1'' information can help emergency service 
personnel reestablish contact if the call is disconnected or 
locate an individual unable to communicate. However, PSAPs in 
the United States report that between 25 to 33 percent of the 
calls they receive are from wireless phones and, unfortunately, 
Enhanced 9-1-1 is currently not deployed on many wireless 
systems. Thus, when 9-1-1 is dialed from a wireless phone, the 
emergency service personnel may not receive identifying 
information indicating the phone number or location of the 
caller. As a result, they may be unable to recontact or locate 
the caller.
    In order to address this problem, and thereby enhance the 
ability of emergency service personnel to locate citizens using 
a wireless phone to call for assistance, this legislation adds 
a new section, Section 222(g). Section 222(g) requires a 
telecommunications carrier to provide subscriber information in 
its possession or control on a timely and unbundled basis, and 
under non-discriminatory and reasonable rates, terms and 
conditions to the providers of emergency services, solely for 
the purpose of delivering those emergency services. This 
section imposes an affirmative duty on a tele-communications 
carrier to provide subscriber information in its possession or 
control, including information that is unlisted or unpublished. 
Moreover, because lives may be lost by delay and transmission 
of this information, the Committee intends that the subscriber 
information be transmitted in near real time. By ``unbundled'' 
the Committee means that information must be made available 
separate from customer proprietary network information except 
as may otherwise be permitted under Section 222.

Section 6. Definitions

    This section defines ``Public Safety Answering Point,'' 
``Wireless Carrier,'' ``Wireless 911 Service,'' ``Enhanced 
Wireless 911 Service'' and other terms.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

SEC. 222. [47 U.S.C. 222] PRIVACY OF CUSTOMER INFORMATION.

    (a) In General.--Every telecommunications carrier has a 
duty to protect the confidentiality of proprietary information 
of, and relating to, other telecommunication carriers, 
equipment manufacturers, and customers, including 
telecommunication carriers reselling telecommunications 
services provided by a telecommunications carrier.
    (b) Confidentiality of Carrier Information.--A 
telecommunications carrier that receives or obtains proprietary 
information from another carrier for purposes of providing any 
telecommunications service shall use such information only for 
such purpose, and shall not use such information for its own 
marketing efforts.
    (c) Confidentiality of Customer Proprietary Network 
Information.--
          (1) Privacy requirements for telecommunications 
        carriers.--Except as required by law or with the 
        approval of the customer, a telecommunications carrier 
        that receives or obtains customer proprietary network 
        information by virtue of its provision of a 
        telecommunications service shall only use, disclose, or 
        permit access to individually identifiable customer 
        proprietary network information in its provision of (A) 
        the telecommunications service from which such 
        information is derived, or (B) services necessary to, 
        or used in, the provision of such telecommunications 
        service, including the publishing of directories.
          (2) Disclosure on request by customers.--A 
        telecommunications carrier shall disclose customer 
        proprietary network information, upon affirmative 
        written request by the customer, to any person 
        designated by the customer.
          (3) Aggregate customer information.--A 
        telecommunications carrier that receives or obtains 
        customer proprietary network information by virtue of 
        its provision of a telecommunications service may use, 
        disclose, or permit access to aggregate customer 
        information other than for the purposes described in 
        paragraph (1). A local exchange carrier may use, 
        disclose, or permit access to aggregate customer 
        information other than for purposes described in 
        paragraph (1) only if it provides such aggregate 
        information to other carriers or persons on reasonable 
        and nondiscriminatory terms and conditions upon 
        reasonable request therefor.
    (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.] service; and
          (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.
    (e) Subscriber List Information.--Notwithstanding 
subsections (b), (c), and (d), a telecommunications carrier 
that provides telephone exchange service shall provide 
subscriber list information gathered in its capacity as a 
provider of such service on a timely and unbundled basis, under 
nondiscriminatory and reasonable rates, terms, and conditions, 
to any person upon request for the purpose of publishing 
directories in any format.
    (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 (i)(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
                  (B) information contained in the bills 
                pertaining to telephone exchange service or 
                telephone toll service received by a customer 
                of a carrier;
        except that such term does not include subscriber list 
        information.
          (2) Aggregate information.--The term ``aggregate 
        customer information'' means collective data that 
        relates to a group or category of services or 
        customers, from which individual customer identities 
        and characteristics have been removed.
          (3) Subscriber list information.--The term 
        ``subscriber list information'' means any information--
                  (A) identifying the listed names of 
                subscribers of a carrier and such subscribers' 
                telephone numbers, addresses, or primary 
                advertising classifications (as such 
                classifications are assigned at the time of the 
                establishment of such service), or any 
                combination of such listed names, numbers, 
                addresses, or classifications; and
                  (B) that the carrier or an affiliate has 
                published, caused to be published, or accepted 
                for publication in any directory format.
          (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 9-1-1 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. [47 U.S.C. 251] INTERCONNECTION.

    (a) General Duty of Telecommunications Carriers.--Each 
telecommunications carrier has the duty--
          (1) to interconnect directly or indirectly with the 
        facilities and equipment of other telecommunications 
        carriers; and
          (2) not to install network features, functions, or 
        capabilities that do not comply with the guidelines and 
        standards established pursuant to section 255 or 256.
    (b) Obligations of All Local Exchange Carriers.--Each local 
exchange carrier has the following duties:
          (1) Resale.--The duty not to prohibit, and not to 
        impose unreasonable or discriminatory conditions or 
        limitations on, the resale of its telecommunications 
        services.
          (2) Number portability.--The duty to provide, to the 
        extent technically feasible, number portability in 
        accordance with requirements prescribed by the 
        Commission.
          (3) Dialing parity.--The duty to provide dialing 
        parity to competing providers to telephone exchange 
        service and telephone toll service, and the duty to 
        permit all such providers to have nondiscriminatory 
        access to telephone numbers, operator services, 
        directory assistance, and directory listing, with no 
        unreasonable dialing delays.
          (4) Access to rights-of-way.--The duty to afford 
        access to the poles, ducts, conduits, and rights-of-way 
        of such carrier to competing providers of 
        telecommunications services on rates, terms, and 
        conditions that are consistent with section 224.
        (5) Reciprocal compensation.--The duty to establish 
        reciprocal compensation arrangements for the transport 
        and termination of telecommunications.
    (c) Additional Obligations of Incumbent Local Exchange 
Carriers.--In addition to the duties contained in subsection 
(b), each incumbent local exchange carrier has the following 
duties:
          (1) Duty to negotiate.--The duty to negotiate in good 
        faith in accordance with section 252 the particular 
        terms and conditions of agreements to fulfill the 
        duties described in paragraphs (1) through (5) of 
        subsection (b) and this subsection. The requesting 
        telecommunications carrier also has the duty to 
        negotiate in good faith the terms and conditions of 
        such agreements.
          (2) Interconnection.--The duty to provide, for the 
        facilities and equipment of any requesting 
        telecommunications carrier, interconnection with the 
        local exchange carrier's network--
                  (A) for the transmission and routing of 
                telephone exchange service and exchange access;
                  (B) at any technically feasible point within 
                the carrier's network;
                  (C) that is at least equal in quality to that 
                provided by the local exchange carrier to 
                itself or to any subsidiary affiliate, or any 
                other party to which the carrier provides 
                interconnection; and
                  (D) on rates, terms, and conditions that are 
                just, reasonable, and nondiscriminatory, in 
                accordance with the terms and conditions of the 
                agreement and the requirements of this section 
                and section 252.
          (3) Unbundled access.--The duty to provide, to any 
        requesting telecommunications carrier for the provision 
        of a telecommunications service, nondiscriminatory 
        access to network elements on an unbundled basis at any 
        technically feasible point on rates, terms, and 
        conditions that are just, reasonable, and 
        nondiscriminatory in accordance with the terms and 
        conditions of the agreement and the requirements of 
        this section and section 252. An incumbent local 
        exchange carrier shall provide such unbundled network 
        elements in a manner that allows requesting carriers to 
        combine such elements in order to provide such 
        telecommunications service.
          (4) Resale.--The duty--
                  (A) to offer for resale at wholesale rates 
                any telecommunications service that the carrier 
                provides at retail to subscribers who are not 
                telecommunications carriers; and
                  (B) not to prohibit, and not to impose 
                unreasonable or discriminatory conditions or 
                limitations on, the resale of such 
                telecommunications service, except that a State 
                commission may, consistent with regulations 
                prescribed by the Commission under this 
                section, prohibit a reseller that obtains at 
                wholesale rates a telecommunications service 
                that is available at retail only to a category 
                of subscribers from offering such service to a 
                different category of subscribers.
          (5) Notice of changes.--The duty to provide 
        reasonable public notice of changes in the information 
        necessary for the transmission and routing of services 
        using that local exchange carrier's facilities or 
        networks, as well as of any other changes that would 
        affect the interoperability of those facilities and 
        networks.
          (6) Collocation.--The duty to provide, on rates, 
        terms, and conditions that are just, reasonable, and 
        nondiscriminatory, for physical collocation of 
        equipment necessary for interconnection or access to 
        unbundled network elements at the premises of the local 
        exchange carrier, except that the carrier may provide 
        for virtual collocation if the local exchange carrier 
        demonstrates to the State commission that physical 
        collocation is not practical for technical reasons or 
        because of space limitations.
    (d) Implementation.--
          (1) In general.--Within 6 months after the date of 
        enactment of the Telecommunications Act of 1996, the 
        Commission shall complete all actions necessary to 
        establish regulations to implement the requirements of 
        this section.
          (2) Access standards.--In determining what network 
        elements should be made available for purposes of 
        subsection (c)(3), the Commission shall consider, at a 
        minimum, whether--
                  (A) access to such network elements as are 
                proprietary in nature is necessary; and
                  (B) the failure to provide access to such 
                network elements would impair the ability of 
                the telecommunications carrier seeking access 
                to provide the services that is seeks to offer.
          (3) Preservation of state access regulations.--In 
        prescribing and enforcing regulations to implement the 
        requirements of this section, the Commission shall not 
        preclude the enforcement of any regulation, order, or 
        policy of a State commission that--
                  (A) establishes access and interconnection 
                obligations of local exchange carriers;
                  (B) is consistent with the requirements of 
                this section; and
                  (C) does not substantially prevent 
                implementation of the requirements of this 
                section and the purposes of this part.
    (e) Numbering Administration.--
          (1) Commission authority and jurisdiction.--The 
        Commission shall create or designate one or more 
        impartial entities to administer telecommunications 
        numbering and to make such numbers available on an 
        equitable basis. The Commission shall have exclusive 
        jurisdiction over those portions of the North American 
        Numbering Plan that pertain to the United States. 
        Nothing in this paragraph shall preclude the Commission 
        from delegating to State commissions or other entities 
        all or any portion of such jurisdiction.
          (2) Costs.--The cost of establishing 
        telecommunications numbering administration 
        arrangements and number portability shall be borne by 
        all telecommunications carriers on a competitively 
        neutral basis as determined by the Commission.
          (3) Universal emergency telephone number.--The 
        Commission and any agency or entity to which the 
        Commission has delegated authority under this 
        subsection shall designate 9-1-1 as the universal 
        emergency telephone number within the United States for 
        reporting an emergency to appropriate authorities and 
        requesting assistance. The designation shall apply to 
        both wireline and wireless telephone service. In making 
        the designation, the Commission (and any such agency or 
        entity) shall provide appropriate transition periods 
        for areas in which 9-1-1 is not in use as an emergency 
        telephone number on the date of enactment of the 
        Wireless Communications and Public Safety Act of 1999.
    (f) Exemptions, Suspensions, and Modifications.--
          (1) Exemption for certain rural telephone 
        companies.--
                  (A) Exemption.--Subsection (c) of this 
                section shall not apply to a rural telephone 
                company until (i) such company has received a 
                bona fide request for interconnection, 
                services, or network elements, and (ii) the 
                State commission determines (under subparagraph 
                (B)) that such request is not unduly 
                economically burdensome, is technically 
                feasible, and is consistent with section 254 
                (other than subsections (b)(7) and (c)(1)(D) 
                thereof).
                  (B) State termination of exemption and 
                implementation schedule.--The party making a 
                bona fide request of a rural telephone company 
                for interconnection, services, or network 
                elements shall submit a notice of its request 
                to the State commission. The State commission 
                shall conduct an inquiry for the purpose of 
                determining whether to terminate the exemption 
                under subparagraph (A). Within 120 days after 
                the State commission receives notice of the 
                request, the State commission shall terminate 
                the exemption if the request is not unduly 
                economically burdensome, is technically 
                feasible, and is consistent with section 254 
                (other than subsections (b)(7) and (c)(1)(D) 
                thereof). Upon termination of the exemption, a 
                State commission shall establish an 
                implementation schedule for compliance with the 
                request that is consistent in time and manner 
                with Commission regulations.
                  (C) Limitation on exemption.--The exemption 
                provided by this paragraph shall not apply with 
                respect to a request under subsection (c) from 
                a cable operator providing video programming, 
                and seeking to provide any telecommunications 
                service, in the area in which the rural 
                telephone company provides video programming. 
                The limitation contained in this subparagraph 
                shall not apply to a rural telephone company 
                that is providing video programming on the date 
                of enactment of the Telecommunications Act of 
                1996.
          (2) Suspensions and modifications for rural 
        carriers.-- A local exchange carrier with fewer than 2 
        percent of the Nation's subscriber lines installed in 
        the aggregate nationwide may petition a State 
        commission for a suspension or modification of the 
        applicaton of a requirement or requirements of 
        subsection (b) or (c) to telephone exchange service 
        facilities specified in such petition. The State 
        commission shall grant such petition to the extent 
        that, and for such duration as, the State commission 
        determines that such suspension or modification--
                  (A) is necessary--
                          (i) to avoid a significant adverse 
                        economic impact on users of 
                        telecommunications services generally;
                          (ii) to avoid imposing a requirement 
                        that is unduly economically burdensome; 
                        or
                          (iii) to avoid imposing a requirement 
                        that is technically infeasible; and
                  (B) is consistent with the public interest, 
                convenience, and necessity.
        The State commission shall act upon any petition filed 
        under this paragraph within 180 days after receiving 
        such petition. Pending such action, the State 
        commission may suspend enforcement of the requirement 
        or requirements to which the petition applies with 
        respect to the petitioning carrier or carriers.
    (g) Continued Enforcement of Exchange Access and 
Interconnection Requirements.--On and after the date of 
enactment of the Telecommunications Act of 1996, each local 
exchange carrier, to the extent that it provides wireline 
services, shall provide exchange access, information access, 
and exchange services for such access to interexchange carriers 
and information service providers in accordance with the same 
equal access and nondiscriminatory interconnection restrictions 
and obligations (including receipt of compensation) that apply 
to such carrier on the date immediately preceding the date of 
enactment of the Telecommunications Act of 1996 under any court 
order, consent decree, or regulation, order, or policy of the 
Commission, until such restrictions and obligations are 
explicitly superseded by regulations prescribed by the 
Commission after such date of enactment. During the period 
beginning on such date of enactment and until such restrictions 
and obligations are so superseded, such restrictions and 
obligations shall be enforceable in the same manner as 
regulations of the Commission.
    (h) Definition of Incumbent Local Exchange Carrier.--
          (1) Definition.--For purposes of this section, the 
        term ``incumbent local exchange carrier'' means, with 
        respect to an area, the local exchange carrier that--
                  (A) on the date of enactment of the 
                Telecommunications Act of 1996, provided 
                telephone exchange service in such area; and
                  (B)(i) on such date of enactment, was deemed 
                to be a member of the exchange carrier 
                association pursuant to section 69.601(b) of 
                the Commission's regulations (47 C.F.R. 
                69.601(b)); or
                  (ii) is a person or entity that, on or after 
                such date of enactment, became a successor or 
                assign of a member described in clause (i).
          (2) Treatment of comparable carriers as incumbents.--
        The Commission may, by rule, provide for the treatment 
        of a local exchange carrier (or class or category 
        thereof) as an incumbent local exchange carrier for 
        purposes of this section if--
                  (A) such carrier occupies a position in the 
                market for telephone exchange service within an 
                area that is comparable to the position 
                occupied by a carrier described in paragraph 
                (1);
                  (B) such carrier has substantially replaced 
                an incumbent local exchange carrier described 
                in paragraph (1); and
                  (C) such treatment is consistent with the 
                public interest, convenience, and necessity and 
                the purposes of this section.
    (i) Savings Provision.--Nothing in this section shall be 
construed to limit or otherwise affect the Commission's 
authority under section 201.

                                  
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