A bill to amend the Wireless Communications and Public Safety Act of 1999, and for other purposes.

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.

Summary: IP-Enabled Voice Communications and Public Safety Act of 2007 - Amends the Wireless Communications and Public Safety Act of 1999 to impose on IP-enabled voice service providers engaged in interstate or foreign communication a requirement to provide 9-1-1 service, including enhanced 9-1-1 service, to its subscribers. Requires the Federal Communications Commission (FCC) to 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. Requires the providers to establish a point of contact for public safety and government officials relative to 9-1-1 service and access. Authorizes the FCC to delegate enforcement authority to state agencies or programs with emergency communications jurisdiction. Authorizes the FCC to require any provider of a voice service that is a substitute for telephone exchange service to provide 9-1-1 service, including enhanced 9-1-1 service. Requires that, when IP-enabled voice service or alternative emergency communications service is involved, there be parity in liability for service carriers, users, and public safety answering points (PSAPs). Defines alternative emergency communications service as the provision of emergency information to a PSAP via wire or radio communications, possibly including 9-1-1 and enhanced 9-1-1 services. Declares that nothing in this Act, the Communications Act of 1934, the Wireless Communications and Public Safety Act of 1999, or any FCC regulation or order prevents states, their subdivisions, or Indian tribes from imposing a fee on or collecting a fee from IP-enabled voice services to support 9-1-1 or E-9-1-1 services. Requires the FCC to report annually to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the status in each state of the collection and distribution of 9-1-1 fees. Amends the National Telecommunications and Information Administration Organization Act to require the E-9-1-1 Implementation Coordination Office to develop a national plan for migrating to a national IP-enabled emergency network. Requires, after plan completion, grants for migration to such a network. Authorizes the FCC to compile a list of PSAP contact information, as well as contact information for 9-1-1 component providers, to assist providers in complying with this Act and specified provisions of the National Telecommunications and Information Administration Organization Act. Allows the FCC to make any part of that information available to the public to improve public safety. Requires the FCC to work cooperatively with public safety organizations, industry participants, and the E-9-1-1 Implementation Coordination Office to develop best practices that promote consistency. Requires the FCC to enforce the Wireless Communications and Public Safety Act of 1999 as if that Act was part of the Communications Act of 1934 and deems any violation to be a violation of the Communications Act of 1934. Sets deadlines for: (1) the FCC to 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, and (2) the filing of related written findings.