[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 428 Engrossed in Senate (ES)]
110th CONGRESS
2d Session
S. 428
_______________________________________________________________________
AN ACT
To amend the Wireless Communications and Public Safety Act of 1999, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IP-Enabled Voice Communications and
Public Safety Act of 2007''.
SEC. 2. DUTY TO PROVIDE 9-1-1 AND E-9-1-1 SERVICE.
(a) In General.--The Wireless Communications and Public Safety Act
of 1999 (47 U.S.C. 615 et seq.) is amended by adding at the end the
following:
``SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS.
``(a) In General.--It shall be the duty of every IP-enabled voice
service provider engaged in interstate or foreign communication to
provide 9-1-1 service, including enhanced 9-1-1 service, to its
subscribers in accordance with orders of the Commission in effect on
the date of enactment of the IP-Enabled Voice Communications and Public
Safety Act of 2007, as such orders may be modified by the Commission
from time to time.
``(b) Access to 9-1-1 Components.--
``(1) Regulations.--Within 90 days after the date of
enactment of the IP-Enabled Voice Communications and Public
Safety Act of 2007, the Commission shall issue regulations
granting IP-enabled voice service providers right of access to
9-1-1 components that are necessary to provide 9-1-1 service,
on the same rates, terms, and conditions that are provided to
commercial mobile service providers. In promulgating the
regulations, the Commission shall take into account any
technical, network security, or information privacy issues that
are specific to IP-enabled voice services, including the
security of 9-1-1 networks. The Commission shall require IP-
enabled voice service providers to which the regulations apply
to register with the Commission and to establish a point of
contact for public safety and government officials relative to
9-1-1 service and access.
``(2) Delegation of enforcement to state commissions.--The
Commission may delegate authority to enforce the regulations
issued under paragraph (1) to State commissions or other State
agencies or programs with jurisdiction over emergency
communications.
``(c) Savings Clause.--Nothing in the IP-Enabled Voice
Communications and Public Safety Act of 2007 shall be construed as
repealing or otherwise altering, modifying, affecting, or superseding
Federal regulations obligating an IP-enabled voice service provider to
provide 9-1-1 service or enhanced 9-1-1 service.
``(d) Limitation on Commission.--Nothing in this section shall be
construed to permit the Commission to issue regulations that require or
impose a specific technology or technological standard.
``(e) FCC Authority To Require 9-1-1 Service.--The Commission may
require any provider of a voice service that is a substitute for
telephone exchange service (as defined in section 3(47) of the
Communications Act of 1934 (47 U.S.C. 153(47))) to provide 9-1-1
service, including enhanced 9-1-1 service, to its subscribers. Nothing
in this subsection shall limit or otherwise affect the authority of the
Commission under the Communications Act of 1934 (47 U.S.C. 151 et
seq.).''.
(b) Definitions.--Section 6 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615b) is amended by adding at the
end thereof the following:
``(8) IP-enabled voice service.--The term `IP-enabled voice
service' has the meaning given the term `Interconnected VoIP
Service' by section 9.3 of the Commission's regulations (47
C.F.R. 9.3).
``(9) IP-enabled 9-1-1 service.--The term `IP-enabled 9-1-1
service' means any 9-1-1 service provided by an IP-enabled
voice service provider, including enhanced IP-enabled 9-1-1
service.
``(10) Enhanced ip-enabled 9-1-1 service.--The term
`enhanced IP-enabled 9-1-1 service' means any enhanced 9-1-1
service so designated by the Federal Communications Commission
in its Report and Order in WC Docket Nos. 04-36 and 05-196, or
any successor proceeding.
``(11) 9-1-1 component.--The term `9-1-1 component' means
any equipment, network, databases (including automatic location
information databases and master street address guides),
interface, selective router, trunkline, non-dialable p-ANI's,
or other related facility necessary for the delivery and
completion of 9-1-1 or E-9-1-1 calls and information related to
such calls, as determined by the Commission.''.
SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF IP-ENABLED VOICE
SERVICE.
(a) In General.--Section 4 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615a) is amended--
(1) by striking ``carrier,'' in subsection (a) and
inserting ``carrier, IP-enabled voice service provider, or
alternative emergency communications service provider,'';
(2) by striking ``its'' the first place it appears in
subsection (a) and inserting ``their'';
(3) by striking ``emergency calls or emergency services.''
in subsection (a) and inserting ``emergency calls, emergency
services, or alternative emergency communications services.'';
(4) by striking ``service shall'' in subsection (b) and
inserting ``service, or IP-enabled voice service, shall'';
(5) by striking ``wireless.'' in subsection (b) and
inserting ``wireless, IP-enabled, or alternative emergency
communications.'';
(6) by striking ``communications,'' in subsection (c) and
inserting ``communications, IP-enabled voice service
communications, or alternative emergency communications,''; and
(7) by striking ``wireless.'' in subsection (c) and
inserting ``wireless, IP-enabled, or alternative emergency
communications.''.
(b) Definitions.--Section 6 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615b), as amended by section 2(b),
is further amended by adding at the end thereof the following:
``(12) Alternative emergency communications service.--The
term `alternative emergency communications service' means the
provision of emergency information to a public safety answering
point via wire or radio communications, and may include 9-1-1
and enhanced 9-1-1 Services.
``(13) Alternative emergency communications service
provider.--The term `alternative emergency communications
service provider' means an entity other than a local exchange
carrier, wireless carrier, or an IP-enabled voice service
provider that is required by the Commission or, in the absence
of any such requirement, is specifically authorized by the
appropriate local or State 9-1-1 governing authority, to
provide alternative emergency communications services.''.
SEC. 4. STATE AUTHORITY OF FEES.
Nothing in this Act, the Communications Act of 1934 (47 U.S.C. 151
et seq.), the Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615a), or any Federal Communications Commission regulation or
order shall prevent the imposition on, or collection by, a provider of
IP-enabled voice services or commercial mobile service, of any fee or
charge specifically designated by a State, political subdivision
thereof, or Indian tribe for the support of 9-1-1 or E 099-1-1 services
if that fee or charge--
(1) for IP-enabled voice services, does not exceed the
amount of any such fee or charge imposed on or collected by a
provider of telecommunications services; and
(2) is obligated or expended in support of 9-1-1 and E 099-
1-1 services, or enhancements of such services, or other
emergency communications services as specified in the provision
of State or local law adopting the fee or charge.
SEC. 5. FEE ACCOUNTABILITY.
To ensure efficiency, transparency, and accountability in the
collection and expenditure of 9-1-1 fees, the Federal Communications
Commission shall submit a report within 1 year after the date of
enactment of this Act, and annually thereafter, to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce detailing the status
in each State of the collection and distribution of 9-1-1 fees and
include findings on the amount of revenues obligated or expended by
each State or political subdivision thereof for any purpose other than
the purpose for which any fee or charges are presented.
SEC. 6. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.
(a) In General.--Section 158 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942) is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (c) the following:
``(d) Migration Plan Required.--
``(1) National plan required.--No more than 270 days after
the date of the enactment of the IP-Enabled Voice
Communications and Public Safety Act of 2007, the Office shall
develop and report to Congress on a national plan for migrating
to a national IP-enabled emergency network capable of receiving
and responding to all citizen activated emergency
communications and improving information sharing among all
emergency response entities.
``(2) Contents of plan.--The plan required by paragraph (1)
shall--
``(A) outline the potential benefits of such a
migration;
``(B) identify barriers that must be overcome and
funding mechanisms to address those barriers;
``(C) provide specific mechanisms for ensuring the
IP-enabled emergency network is available in every
community and is coordinated on a local, regional, and
Statewide basis;
``(D) identify location technology for nomadic
devices and for office buildings and multi-dwelling
units;
``(E) include a proposed timetable, an outline of
costs and potential savings;
``(F) provide specific legislative language, if
necessary, for achieving the plan;
``(G) provide recommendations on any legislative
changes, including updating definitions, to facilitate
a national IP-enabled emergency network;
``(H) assess, collect, and analyze the experiences
of the PSAPs and related public safety authorities who
are conducting trial deployments of IP-enabled
emergency networks as of the date of enactment of the
IP-Enabled Voice Communications and Public Safety Act
of 2007;
``(I) document solutions that a national IP-enabled
emergency network will provide for 9-1-1 access to
those with disabilities and needed steps to implement
such solutions, including a recommended timeline for
such implementation; and
``(J) analyze technologies and efforts to provide
automatic location capabilities and provide
recommendations on needed regulatory or legislative
changes necessary to implement automatic location
solutions for 9-1-1 purposes.
``(3) Consultation.--In developing the plan required by
paragraph (1), the Office shall consult with representatives of
the public safety community, groups representing those with
disabilities, technology and telecommunications providers, and
others it deems appropriate.''; and
(3) by striking ``services.'' in subsection (b)(1) and
inserting ``services, and for migration to an IP-enabled
emergency network.''.
(b) Availability of PSAP Information.--The Federal Communications
Commission may compile a list of public safety answering point contact
information, as well as contact information for 9-1-1 component
providers, for the purpose of assisting IP-enabled voice service
providers and others in complying with this Act and section 158(d) of
the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 942(d)) as amended by subsection (a), and
may make any portion of such information available to the public if
such availability would improve public safety.
(c) Development of Standards.--The Federal Communications
Commission shall work cooperatively with public safety organizations,
industry participants, and the E-9-1-1 Implementation Coordination
Office to develop best practices that promote consistency, where
appropriate, including procedures for--
(1) defining geographic coverage areas for Public Safety
Answering Points;
(2) defining network diversity requirements for delivery of
IP-enabled 9-1-1 calls;
(3) call-handling in the event of call overflow or network
outages;
(4) Public Safety Answering Point certification and testing
requirements;
(5) validation procedures for inputting and updating
location information in relevant databases; and
(6) the format for delivering address information to Public
Safety Answering Points.
SEC. 7. ENFORCEMENT.
The Federal Communications Commission shall enforce the Wireless
Communications and Public Safety Act of 1999 (47 U.S.C. 615a) as if
that Act were part of the Communications Act of 1934. For purposes of
this section, any violation of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a), or any regulation promulgated
under that Act, is deemed to be a violation of the Communications Act
of 1934 or a regulation promulgated under the Communications Act of
1934, respectively.
SEC. 8. COMPLETION OF THE HATFIELD REPORT.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Federal Communications Commission shall remit all
amounts promised for the completion of an update to the Report on
Technical and Operational Issues Impacting the Provision of Wireless
Enhanced 9-1-1 Services by Dale N. Hatfield filed at the Commission on
October 15, 2002, in WT Docket No. 02-46.
(b) Submission of Report.--Mr. Hatfield shall submit his written
findings as of May 1, 2006, to the Federal Communications Commission
not later than 60 days after receiving the payment described in
subsection (a).
SEC. 9. 9/11 COMMISSION ACT OF 2007.
Section 2301 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (47 U.S.C. 901 note) is amended by striking
``the `Improving Emergency Communications Act of 2007'.'' and inserting
``the `911 Modernization Act'.''.
Passed the Senate February 26, 2008.
Attest:
Secretary.
110th CONGRESS
2d Session
S. 428
_______________________________________________________________________
AN ACT
To amend the Wireless Communications and Public Safety Act of 1999, and
for other purposes.