HR 3403 EAS

To promote and enhance public safety by facilitating the rapid deployment of IP-enabled 911 and E-911 services, encourage the Nation’s transition to a national IP-enabled emergency network, and improve 911 and E-911 access to those with disabilities.CommentsClose CommentsPermalink

’, do pass with the followingAMENDMENT:Strike out all after the enacting clause and insert: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘New and Emerging Technologies 911 Improvement Act of 2008’ or the ‘NET 911 Improvement Act of 2008’.CommentsClose CommentsPermalink

TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERSCommentsClose CommentsPermalink

SEC. 101. DUTY TO PROVIDE 911 AND ENHANCED 911 SERVICE.

The Wireless Communications and Public Safety Act of 1999 is amended--CommentsClose CommentsPermalink





(1) by redesignating section 6 (47 U.S.C. 615b) as section 7;CommentsClose CommentsPermalink





(2) by inserting after section 5 the following new section:CommentsClose CommentsPermalink

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

‘(a) Duties- It shall be the duty of each IP-enabled voice service provider to provide 9-1-1 service and enhanced 9-1-1 service to its subscribers in accordance with the requirements of the Federal Communications Commission, as in effect on the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008 and as such requirements may be modified by the Commission from time to time.CommentsClose CommentsPermalink





‘(b) Parity for IP-Enabled Voice Service Providers- An IP-enabled voice service provider that seeks capabilities to provide 9-1-1 and enhanced 9-1-1 service from an entity with ownership or control over such capabilities, to comply with its obligations under subsection (a), shall, for the exclusive purpose of complying with such obligations, have a right of access to such capabilities, including interconnection, to provide 9-1-1 and enhanced 9-1-1 service on the same rates, terms, and conditions that are provided to a provider of commercial mobile service (as such term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))), subject to such regulations as the Commission prescribes under subsection (c).CommentsClose CommentsPermalink





‘(c) Regulations- The Commission--CommentsClose CommentsPermalink





‘(1) within 90 days after the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008, shall issue regulations implementing such Act, including regulations that--CommentsClose CommentsPermalink





‘(A) ensure that IP-enabled voice service providers have the ability to exercise their rights under subsection (b);CommentsClose CommentsPermalink





‘(B) take into account any technical, network security, or information privacy requirements that are specific to IP-enabled voice services; andCommentsClose CommentsPermalink





‘(C) provide, with respect to any capabilities that are not required to be made available to a commercial mobile service provider but that the Commission determines under subparagraph (B) of this paragraph or paragraph (2) are necessary for an IP-enabled voice service provider to comply with its obligations under subsection (a), that such capabilities shall be available at the same rates, terms, and conditions as would apply if such capabilities were made available to a commercial mobile service provider;CommentsClose CommentsPermalink





‘(2) shall require IP-enabled voice service providers to which the regulations apply to register with the Commission and to establish a point of contact for public safety and government officials relative to 9-1-1 and enhanced 9-1-1 service and access; andCommentsClose CommentsPermalink





‘(3) may modify such regulations from time to time, as necessitated by changes in the market or technology, to ensure the ability of an IP-enabled voice service provider to comply with its obligations under subsection (a) and to exercise its rights under subsection (b).CommentsClose CommentsPermalink





‘(d) Delegation of Enforcement to State Commissions- The Commission may delegate authority to enforce the regulations issued under subsection (c) to State commissions or other State or local agencies or programs with jurisdiction over emergency communications. Nothing in this section is intended to alter the authority of State commissions or other State or local agencies with jurisdiction over emergency communications, provided that the exercise of such authority is not inconsistent with Federal law or Commission requirements.CommentsClose CommentsPermalink





‘(e) Implementation-CommentsClose CommentsPermalink





‘(1) LIMITATION- Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard.CommentsClose CommentsPermalink





‘(2) ENFORCEMENT- The Commission shall enforce this section as if this section was a part of the Communications Act of 1934. For purposes of this section, any violations of this section, or any regulations promulgated under this section, shall be considered to be a violation of the Communications Act of 1934 or a regulation promulgated under that Act, respectively.CommentsClose CommentsPermalink





‘(f) State Authority Over Fees-CommentsClose CommentsPermalink





‘(1) AUTHORITY- Nothing in this Act, the Communications Act of 1934 (47 U.S.C. 151 et seq.), the New and Emerging Technologies 911 Improvement Act of 2008, or any Commission regulation or order shall prevent the imposition and collection of a fee or charge applicable to commercial mobile services or IP-enabled voice services specifically designated by a State, political subdivision thereof, Indian tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act, as amended (85 Stat. 688) for the support or implementation of 9-1-1 or enhanced 9-1-1 services, provided that the fee or charge is obligated or expended only in support of 9-1-1 and enhanced 9-1-1 services, or enhancements of such services, as specified in the provision of State or local law adopting the fee or charge. For each class of subscribers to IP-enabled voice services, the fee or charge may not exceed the amount of any such fee or charge applicable to the same class of subscribers to telecommunications services.CommentsClose CommentsPermalink





‘(2) FEE ACCOUNTABILITY REPORT- To ensure efficiency, transparency, and accountability in the collection and expenditure of a fee or charge for the support or implementation of 9-1-1 or enhanced 9-1-1 services, the Commission shall submit a report within 1 year after the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008, and annually thereafter, to the Committee on Commerce, Science and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives detailing the status in each State of the collection and distribution of such fees or charges, and including findings on the amount of revenues obligated or expended by each State or political subdivision thereof for any purpose other than the purpose for which any such fees or charges are specified.CommentsClose CommentsPermalink





‘(g) Availability of PSAP Information- The Commission may compile a list of public safety answering point contact information, contact information for providers of selective routers, testing procedures, classes and types of services supported by public safety answering points, and other information concerning 9-1-1 and enhanced 9-1-1 elements, for the purpose of assisting IP-enabled voice service providers in complying with this section, and may make any portion of such information available to telecommunications carriers, wireless carriers, IP-enabled voice service providers, other emergency service providers, or the vendors to or agents of any such carriers or providers, if such availability would improve public safety.CommentsClose CommentsPermalink





‘(h) Development of standards- The Commission shall work cooperatively with public safety organizations, industry participants, and the E-911 Implementation Coordination Office to develop best practices that promote consistency, where appropriate, including procedures for--CommentsClose CommentsPermalink





‘(1) defining geographic coverage areas for public safety answering points;CommentsClose CommentsPermalink





‘(2) defining network diversity requirements for delivery of IP-enabled 9-1-1 and enhanced 9-1-1 calls;CommentsClose CommentsPermalink





‘(3) call-handling in the event of call overflow or network outages;CommentsClose CommentsPermalink





‘(4) public safety answering point certification and testing requirements;CommentsClose CommentsPermalink





‘(5) validation procedures for inputting and updating location information in relevant databases; andCommentsClose CommentsPermalink





‘(6) the format for delivering address information to public safety answering points.CommentsClose CommentsPermalink





‘(i) Rule of Construction- Nothing in the New and Emerging Technologies 911 Improvement Act of 2008 shall be construed as altering, delaying, or otherwise limiting the ability of the Commission to enforce the Federal actions taken or rules adopted obligating an IP-enabled voice service provider to provide 9-1-1 or enhanced 9-1-1 service as of the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008.’; andCommentsClose CommentsPermalink





(3) in section 7 (as redesignated by paragraph (1) of this section) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(8) IP-ENABLED VOICE SERVICE- The term ‘IP-enabled voice service’ has the meaning given the term ‘interconnected VoIP service’ by section 9.3 of the Federal Communications Commission’s regulations (47 CFR 9.3).’.CommentsClose CommentsPermalink

SEC. 102. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

Section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(1), by inserting before the period at the end the following: ‘and for migration to an IP-enabled emergency network’;CommentsClose CommentsPermalink





(2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; andCommentsClose CommentsPermalink





(3) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink





‘(d) Migration Plan Required-CommentsClose CommentsPermalink





‘(1) NATIONAL PLAN REQUIRED- No more than 270 days after the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008, the Office shall develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen-activated emergency communications and improving information sharing among all emergency response entities.CommentsClose CommentsPermalink





‘(2) CONTENTS OF PLAN- The plan required by paragraph (1) shall--CommentsClose CommentsPermalink





‘(A) outline the potential benefits of such a migration;CommentsClose CommentsPermalink





‘(B) identify barriers that must be overcome and funding mechanisms to address those barriers;CommentsClose CommentsPermalink





‘(C) provide specific mechanisms for ensuring the IP-enabled emergency network is available in every community and is coordinated on a local, regional, and statewide basis;CommentsClose CommentsPermalink





‘(D) identify location technology for nomadic devices and for office buildings and multi-dwelling units;CommentsClose CommentsPermalink





‘(E) include a proposed timetable, an outline of costs, and potential savings;CommentsClose CommentsPermalink





‘(F) provide specific legislative language, if necessary, for achieving the plan;CommentsClose CommentsPermalink





‘(G) provide recommendations on any legislative changes, including updating definitions, that are necessary to facilitate a national IP-enabled emergency network;CommentsClose CommentsPermalink





‘(H) assess, collect, and analyze the experiences of the public safety answering points and related public safety authorities who are conducting trial deployments of IP-enabled emergency networks as of the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008;CommentsClose CommentsPermalink





‘(I) identify solutions for providing 9-1-1 and enhanced 9-1-1 access to those with disabilities and needed steps to implement such solutions, including a recommended timeline; andCommentsClose CommentsPermalink





‘(J) analyze efforts to provide automatic location for enhanced 9-1-1 services and provide recommendations on regulatory or legislative changes that are necessary to achieve automatic location for enhanced 9-1-1 services.CommentsClose CommentsPermalink





‘(3) CONSULTATION- In developing the plan required by paragraph (1), the Office shall consult with representatives of the public safety community, groups representing those with disabilities, technology and telecommunications providers, IP-enabled voice service providers, Telecommunications Relay Service providers, and other emergency communications providers and others it deems appropriate.’.CommentsClose CommentsPermalink

TITLE II--PARITY OF PROTECTIONCommentsClose CommentsPermalink

SEC. 201. LIABILITY.

(a) Amendments- Section 4 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) is amended--CommentsClose CommentsPermalink





(1) by striking ‘parity of protection for provision or use of wireless service.’ in the section heading and inserting ‘service provider parity of protection.’;CommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘wireless carrier,’ and inserting ‘wireless carrier, IP-enabled voice service provider, or other emergency communications provider,’;CommentsClose CommentsPermalink





(B) by striking ‘its officers’ the first place it appears and inserting ‘their officers’;CommentsClose CommentsPermalink





(C) by striking ‘emergency calls or emergency services’ and inserting ‘emergency calls, emergency services, or other emergency communications services’;CommentsClose CommentsPermalink





(3) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘using wireless 9-1-1 service shall’ and inserting ‘using wireless 9-1-1 service, or making 9-1-1 communications via IP-enabled voice service or other emergency communications service, shall’; andCommentsClose CommentsPermalink





(B) by striking ‘that is not wireless’ and inserting ‘that is not via wireless 9-1-1 service, IP-enabled voice service, or other emergency communications service’; andCommentsClose CommentsPermalink





(4) in subsection (c)--CommentsClose CommentsPermalink





(A) by striking ‘wireless 9-1-1 communications, a PSAP’ and inserting ‘9-1-1 communications via wireless 9-1-1 service, IP-enabled voice service, or other emergency communications service, a PSAP’; andCommentsClose CommentsPermalink





(B) by striking ‘that are not wireless’ and inserting ‘that are not via wireless 9-1-1 service, IP-enabled voice service, or other emergency communications service’.CommentsClose CommentsPermalink





(b) Definition- Section 7 of the Wireless Communications and Public Safety Act of 1999 (as redesignated by section 101(1) of this Act) is further amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(8) OTHER EMERGENCY COMMUNICATIONS SERVICE- The term ‘other emergency communications service’ means the provision of emergency information to a public safety answering point via wire or radio communications, and may include 9-1-1 and enhanced 9-1-1 service.CommentsClose CommentsPermalink





‘(9) OTHER EMERGENCY COMMUNICATIONS SERVICE PROVIDER- The term ‘other emergency communications service provider’ means--CommentsClose CommentsPermalink





‘(A) an entity other than a local exchange carrier, wireless carrier, or an IP-enabled voice service provider that is required by the Federal Communications Commission consistent with the Commission’s authority under the Communications Act of 1934 to provide other emergency communications services; orCommentsClose CommentsPermalink





‘(B) in the absence of a Commission requirement as described in subparagraph (A), an entity that voluntarily elects to provide other emergency communications services and is specifically authorized by the appropriate local or State 9-1-1 service governing authority to provide other emergency communications services.CommentsClose CommentsPermalink





‘(10) ENHANCED 9-1-1 SERVICE- The term ‘enhanced 9-1-1 service’ means the delivery of 9-1-1 calls with automatic number identification and automatic location identification, or successor or equivalent information features over the wireline E911 network (as defined in section 9.3 of the Federal Communications Commission’s regulations (47 C.F.R. 9.3) as of the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008) and equivalent or successor networks and technologies. The term also includes any enhanced 9-1-1 service so designated by the Commission in its Report and Order in WC Docket Nos. 04-36 and 05-196, or any successor proceeding.’.CommentsClose CommentsPermalink

TITLE III--AUTHORITY TO PROVIDE CUSTOMER INFORMATION FOR 911 PURPOSESCommentsClose CommentsPermalink

SEC. 301. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.

Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘or the user of an IP-enabled voice service (as such term is defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b))’ after ‘section 332(d))’ each place it appears in subsections (d)(4) and (f)(1);CommentsClose CommentsPermalink





(2) by striking ‘Wireless’ in the heading of subsection (f); andCommentsClose CommentsPermalink





(3) in subsection (g), by inserting ‘or a provider of IP-enabled voice service (as such term is defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b))’ after ‘telephone exchange service’.CommentsClose CommentsPermalink

Attest: Secretary.