```

[House Report 110-442]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-442

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

 
            911 MODERNIZATION AND PUBLIC SAFETY ACT OF 2007

                                _______
                                

 November 13, 2007.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Dingell, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3403]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3403) to promote and enhance public safety by 
facilitating the rapid deployment of IP-enabled 911 and E-911 
services, encouraging the nation's transition to a national IP-
enabled emergency network and improve 911 and E-911 access to 
those with disabilities, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Amendments.......................................................     2
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................     7
Committee Consideration..........................................     7
Committee Votes..................................................     8
Committee Oversight Findings.....................................     8
Statement of General Performance Goals and Objectives............     8
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Earmarks and Tax and Tariff Benefits.............................     8
Committee Cost Estimate..........................................     8
Congressional Budget Office Estimate.............................     8
Federal Mandates Statement.......................................    12
Advisory Committee Statement.....................................    12
Constitutional Authority Statement...............................    12
Applicability to Legislative Branch..............................    12
Section-by-Section Analysis of the Legislation...................    12
Changes in Existing Law Made by the Bill, as Reported............    18

                               Amendments

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``911 Modernization and Public Safety 
Act of 2007''.

      TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS

SEC. 101. DUTY TO PROVIDE 911 AND E-911 SERVICE.

  The Wireless Communications and Public Safety Act of 1999 is 
amended--
          (1) by redesignating section 6 (47 U.S.C. 615b) as section 7;
          (2) by inserting after section 5 the following new section:

``SEC. 6. DUTY TO PROVIDE 911 AND E-911 SERVICE.

  ``(a) Duties.--It shall be the duty of each IP-enabled voice service 
provider to provide 911 service and E-911 service to its subscribers in 
accordance with the requirements of the Federal Communications 
Commission (in this section referred to as the `Commission'), as in 
effect on the date of enactment of the 911 Modernization and Public 
Safety Act of 2007 and as such requirements may be modified by the 
Commission from time to time.
  ``(b) Parity for IP-Enabled Voice Service Providers.--An IP-enabled 
voice service provider that seeks capabilities 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 the same rights, including rights 
of interconnection, and on the same rates, terms, and conditions, as 
apply 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).
  ``(c) Regulations.--The Commission--
          ``(1) within 90 days after the date of enactment of the 911 
        Modernization and Public Safety Act of 2007, shall issue 
        regulations implementing such Act, including regulations that--
                  ``(A) ensure that IP-enabled voice service providers 
                have the ability to exercise their rights under 
                subsection (b);
                  ``(B) take into account any technical, network 
                security, or information privacy requirements that are 
                specific to IP-enabled voice services; and
                  ``(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; and
          ``(2) may modify these requirements 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).
  ``(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 agencies or programs 
with jurisdiction over emergency communications. Nothing in this 
section is intended to alter the authority of State commissions or 
other State agencies with jurisdiction over emergency communications, 
provided that the exercise of such authority is not inconsistent with 
Federal law or Commission requirements.
  ``(e) Implementation.--
          ``(1) Limitation.--Nothing in this section shall be construed 
        to permit the Commission to issue regulations that require or 
        impose a specific technology or technology standard.
          ``(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.
  ``(f) State Authority Over Fees.--
          ``(1) Authority.--Nothing in this Act, the Communications Act 
        of 1934 (47 U.S.C. 151 et seq.), the 911 Modernization and 
        Public Safety Act of 2007, 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, or Indian tribe for the support or 
        implementation of 911 or E-911 services, provided that the fee 
        or charge is obligated or expended only in support of 911 and 
        E-911 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.
          ``(2) Fee accountability report.--To ensure efficiency, 
        transparency, and accountability in the collection and 
        expenditure of fees for the support or implementation of 911 or 
        E-911 services, the Commission shall submit a report within 1 
        year after the date of enactment of the 911 Modernization and 
        Public Safety Act of 2007, 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 911 fees, 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 fee or charges are presented.
  ``(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 911 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.
  ``(h) Rule of Construction.--Nothing in the 911 Modernization and 
Public Safety Act of 2007 shall be construed as altering, delaying, or 
otherwise limiting the ability of the Commission to enforce the rules 
adopted in the Commission's First Report and Order in WC Docket Nos. 
04-36 and 05-196, as in effect on the date of enactment of the 911 
Modernization and Public Safety Act of 2007, except as such rules may 
be modified by the Commission from time to time.''; and
          (3) in section 7 (as redesignated by paragraph (1) of this 
        section) by adding at the end the following new paragraph:
          ``(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).''.

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--
          (1) in subsection (b)(1), by inserting before the period at 
        the end the following: ``and for migration to an IP-enabled 
        emergency network'';
          (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
          (3) by inserting after subsection (c) the following new 
        subsection:
  ``(d) Migration Plan Required.--
          ``(1) National plan required.--No more than 270 days after 
        the date of the enactment of the 911 Modernization 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) include a proposed timetable, an outline of 
                costs, and potential savings;
                  ``(D) provide specific legislative language, if 
                necessary, for achieving the plan;
                  ``(E) provide recommendations on any legislative 
                changes, including updating definitions, to facilitate 
                a national IP-enabled emergency network;
                  ``(F) 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 911 Modernization and Public Safety 
                Act of 2007;
                  ``(G) identify solutions for providing 911 and E-911 
                access to those with disabilities and needed steps to 
                implement such solutions, including a recommended 
                timeline; and
                  ``(H) analyze efforts to provide automatic location 
                for E-911 purposes and recommendations on regulatory or 
                legislative changes that are necessary to achieve 
                automatic location for E-911 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, IP-
        enabled voice service providers, Telecommunications Relay 
        Service providers, and other emergency communications providers 
        and others it deems appropriate.''.

SEC. 103. TECHNICAL AMENDMENTS.

  Section 3011(b) of the Digital Television Transition and Public 
Safety Act of 2005 (Public Law 109-171; 47 U.S.C. 309 note), and 
section 158(b)(4) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 942(b)(4)) are each amended 
by striking ``the 911 Modernization Act'' and inserting ``the 911 
Modernization and Public Safety Act of 2007''.

                     TITLE II--PARITY OF PROTECTION

SEC. 201. LIABILITY.

  (a) Amendments.--Section 4 of the Wireless Communications and Public 
Safety Act of 1999 (47 U.S.C. 615a) is amended--
          (1) by striking ``parity of protection for provision or use 
        of wireless service'' in the section heading and inserting 
        ``service provider parity of protection'';
          (2) in subsection (a)--
                  (A) by striking ``wireless carrier,'' and inserting 
                ``wireless carrier, IP-enabled voice service provider, 
                or other emergency communications provider,'';
                  (B) by striking ``its officers'' the first place it 
                appears and inserting ``their officers'';
                  (C) by striking ``emergency calls or emergency 
                services'' and inserting ``emergency calls, emergency 
                services, or other emergency communications services'';
          (3) in subsection (b)--
                  (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''; and
                  (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''; and
          (4) in subsection (c)--
                  (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''; and
                  (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''.
  (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:
          ``(9) 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 911 and enhanced 
        911 services.
          ``(10) Other emergency communications service provider.--The 
        term `other emergency communications service provider' means--
                  ``(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; or
                  ``(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 911 governing 
                authority to provide other emergency communications 
                services.''.

 TITLE III--AUTHORITY TO PROVIDE CUSTOMER INFORMATION FOR 911 PURPOSES

SEC. 301. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.

  Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is 
amended--
          (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);
          (2) by striking ``Wireless'' in the heading of subsection 
        (f); and
          (3) in subsection (g)--
                  (A) 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'';
                  (B) by striking ``Notwithstanding subsections (b)'' 
                and inserting the following:
          ``(1) In general.--Notwithstanding subsections (b)''; and
                  (C) by adding at the end the following new paragraph:
          ``(2) Prohibited use of location information databases.--No 
        administrator of any database used for the purpose of 
        facilitating the provision of emergency services may use for 
        any competitive purpose data obtained from unaffiliated 
        telecommunications carriers or IP-enabled voice service 
        providers in the course of maintaining and operating that 
        database. Nothing in this section is intended to prohibit 
        government agencies otherwise authorized under law from 
        requesting information contained in any such database.''.

  Amend the title so as to read:

      A bill 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.

                          Purpose and Summary

    The purpose of H.R. 3403, the 911 Modernization and Public 
Safety Act of 2007, is to ensure that consumers using Voice 
over Internet Protocol (VoIP) service can access enhanced 911 
(E-911) emergency services by giving VoIP providers access to 
the emergency services infrastructure and by extending existing 
liability protections to VoIP service. H.R. 3403 also requires 
the development of a national plan to move to an IP-enabled 
emergency network and alters an existing grant program to allow 
funding for IP-enabled emergency networks.

                  Background and Need for Legislation

    The evolution of communications networks has repeatedly 
required that the 911 system be adapted to accommodate new 
technologies. H.R. 3403 provides necessary legislative 
solutions to ensure that adaptation for VoIP service.
    Dialing 911 is widely recognized as the best way to call 
for emergency services. Calls to 911 are typically routed by 
local exchange carriers (LECs) to one of more than 6,000 local 
public safety answering points (PSAPs) staffed by professionals 
who assist callers and direct calls to police, fire, and health 
emergency response providers.
    During the last decade, many PSAPs and 911 systems have 
been upgraded to facilitate the automatic transmission of the 
caller's telephone number and location. This ``E-911'' data 
allow PSAPs to identify automatically the geographic location 
of the caller and reconnect to the caller, if necessary. It 
reduces errors in reporting the location of the emergency and 
in forwarding accurate information to emergency personnel.
    In the 1990s, the Federal Communications Commission 
(Commission) required wireless carriers to provide E-911 data 
to PSAPs. The mobility of wireless callers required technical 
adaptations to the wireline E-911 model to successfully 
transmit E-911 data in a wireless environment. In 1999, 
Congress passed the Wireless Communications and Public Safety 
Act, which granted liability protection to wireless carriers 
and PSAPs receiving wireless 911 calls. Because wireless 
carriers already had interconnection rights with wireline 
carriers under a pre-existing statute--including the right to 
access the wireline infrastructure--the 1999 Act did not 
specifically address the right of wireless carriers to access 
the emergency services infrastructure (also referred to herein 
as the 911 infrastructure) or the rates, terms, and conditions 
for such access.
    The increasing prevalence of VoIP service requires further 
adaptation of the 911 system. Today, more than 9 million 
consumers in the United States use VoIP service as a substitute 
for traditional telephony. Currently, there are two basic types 
of VoIP service: fixed and nomadic. Fixed VoIP service is tied 
to a particular location. VoIP service offered by a cable 
provider to a home or business is an example of fixed VoIP 
service. Nomadic VoIP service is portable and can be used with 
a laptop and a broadband connection.
    In its First Report and Order in WC Docket Nos. 04-36 and 
05-196 in 2005, the Commission adopted rules requiring 
providers of ``interconnected VoIP service'' to provide E-911 
capabilities to their customers. H.R. 3403 does not reverse the 
Commission's actions to date. The Commission, however, only 
imposed E-911 requirements on providers of VoIP services that 
today serve as a substitute for traditional wireline telephone 
service. It did not require entities--typically LECs--that 
control certain key facilities and infrastructure that are 
needed to complete 911 and E-911 calls to give VoIP providers 
access to those facilities and that infrastructure. As a 
result, VoIP providers entered into commercial arrangements 
with LECs or third parties to gain access to 911 components. 
The Commission also concluded that it lacked authority to 
extend the liability protections afforded to wireline and 
wireless 911 calls to VoIP 911 calls.
    H.R. 3403 would resolve these issues by giving VoIP 
providers, for the exclusive purpose of providing 911 and E-911 
service, the same access to the 911 infrastructure on the same 
rates, terms, and conditions as is provided to wireless 
carriers. H.R. 3403 also directs the Commission to promulgate 
rules to give VoIP providers access only to those components of 
the 911 infrastructure they need to provide 911 and E-911 
service. It is not the intent of this legislation to grant 
providers of VoIP access to any parts of the 911 infrastructure 
not needed to provide 911 and E-911 service. H.R. 3403 would 
provide liability protection for VoIP providers, other 
emergency communications service providers, public safety 
officials, and end users relating to the provision and use of 
VoIP 911 and E-911 service and other emergency communications 
services that is equivalent to the liability protection that 
wireline and wireless carriers, public safety officials, and 
end users have with respect to the provision and use of 
wireline and wireless 911 and E-911 service.
    The provision of E-911 service by VoIP providers also 
implicates section 222 of the Communications Act of 1934, which 
governs the protection of customer information (known as 
Customer Proprietary Network Information, or CPNI). Section 222 
includes exceptions to its protections to allow wireline and 
wireless carriers to provide customer information to PSAPs in 
emergency situations. There is no similar provision governing 
or granting exceptions for VoIP service. H.R. 3403 would amend 
section 222 to add VoIP 911 service to the established 911 
exceptions. H.R. 3403 would also provide additional protections 
for customer information by prohibiting a 911-database 
administrator from using information contained within the 
database that was supplied by an unaffiliated provider for 
competitive purposes unrelated to providing emergency services.
    As demonstrated by the introduction of wireless and VoIP 
technologies, our Nation's emergency services infrastructure 
must continue to evolve. The next step in that evolution is the 
transition of the 911 infrastructure to an IP-enabled system. 
An Internet-based emergency network allows for greater 
flexibility in the types and amount of information that may be 
transmitted and shared by emergency services providers. This 
advancement will help resolve impediments that the disabled, in 
particular the deaf and hard of hearing, face when they try to 
access 911 and E-911 services. H.R. 3403 would facilitate this 
transition by requiring the development of a national plan for 
migration to a national IP-enabled emergency network and by 
amending an existing E-911 grant program to allow funding for 
PSAPs migrating to an IP-enabled emergency network.

                                Hearings

    The Subcommittee on Telecommunications and the Internet 
held a legislative hearing on H.R. 3403 on Wednesday, September 
19, 2007. The Subcommittee received testimony from Mr. Jason 
Barbour, ENP, President of the National Emergency Number 
Association; Ms. Catherine Avgiris, Senior Vice President and 
General Manager, Voice Services, Comcast Corporation; Mr. 
Robert Mayer, Vice President of Industry and State Affairs, 
United States Telecom Association; Mr. Christopher Putala, 
Executive Vice President of Public Policy, EarthLink, Inc.; and 
Mr. Craig W. Donaldson, Senior Vice President of Regulatory and 
Government Affairs, Intrado Incorporated.

                        Committee Consideration

    On Wednesday, October 10, 2007, the Subcommittee on 
Telecommunications and the Internet met in open markup session 
and favorably forwarded H.R. 3403, amended, to the full 
Committee for consideration, by a voice vote. On Tuesday, 
October 30, 2007, the full Committee met in open markup session 
and ordered H.R. 3403 favorably reported to the House, amended, 
by a voice vote, a quorum being present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken on amendments or in connection 
with ordering H.R. 3403 reported. A motion by Mr. Dingell to 
order H.R. 3403 favorably reported to the House, amended, was 
agreed to by a voice vote.

                      Committee Oversight Findings

    Regarding clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Subcommittee on 
Telecommunications and the Internet held a legislative hearing 
on September 19, 2007, and the oversight findings of the 
Committee are reflected in this report.

         Statement of General Performance Goals and Objectives

    The purpose of H.R. 3403 is to ensure that consumers using 
VoIP service can access E-911 emergency services by giving VoIP 
providers access to the 911 infrastructure and by extending 
existing liability protections to VoIP service. It is also the 
purpose of H.R. 3403 to develop a national plan to move to an 
IP-enabled emergency network and alter an existing grant 
program to allow funding for IP-enabled emergency networks.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Regarding compliance with clause 3(c)(2) of rule XIII of 
the Rules of the House of Representatives, the Committee finds 
that H.R. 3403 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Earmarks and Tax and Tariff Benefits

    Regarding compliance with clause 9 of rule XXI of the Rules 
of the House of Representatives, H.R. 3403 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate on H.R. 
3403 prepared by the Director of the Congressional Budget 
Office pursuant to section 402 of the Congressional Budget Act 
of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate on 
H.R. 3403 provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974:
                                             U.S. Congress,
                       Congressional Budget Office,
                                  Washington, DC, November 8, 2007.
Hon. John D. Dingell,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3403, the 911 
Modernization and Public Safety Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susan Willie.
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 3403--911 Modernization and Public Safety Act of 2007

    Summary: H.R. 3403 would amend current law to require 
companies offering Voice-over-Internet-Protocol (VoIP) services 
to provide emergency 911 telephone service. The bill would 
direct the Federal Communications Commission (FCC) to develop 
regulations granting VoIP providers access to the network and 
systems needed to complete 911 or enhanced-911 calls. Enhanced-
911 (E-911) service automatically associates a physical address 
with the calling party's telephone number. The bill also would 
direct the E-911 Implementation Coordination Office to create a 
plan for a transition to an emergency network that is Internet-
based.
    Based on information from the FCC, CBO estimates that 
implementing the bill would cost about $1 million over the 
2008-2012 period, assuming availability of the appropriated 
amounts. CBO expects that enacting the bill would not have a 
significant effect on direct spending or revenues.
    H.R. 3403 contains several intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA), including 
limitations on the imposition and use of certain fees that 
state and local governments can levy on VoIP Services. CBO 
estimates that the costs of those provisions to state, local, 
and tribal governments would be small; while they would grow 
over time, they would not exceed the threshold established in 
UMRA ($66 million in 2007, adjusted annually for inflation) in 
any of the first five years that the mandates are in effect.
    H.R. 3403 would impose private-sector mandates, as defined 
in UMRA, on certain entities in the telecommunications 
industry. The bill would require entities that own the 911 
components necessary to transmit VoIP emergency calls to allow 
VoIP providers full access to those components. CBO estimates 
that the direct cost of complying with this mandate would be 
small. The bill also would impose a mandate on certain 
consumers and third-party users of VoIP services by eliminating 
an existing right to seek compensation in court.
    Because we lack information about the potential value of 
compensation in such cases, CBO has no basis for determining 
whether the aggregate cost of all the mandates in the bill 
would exceed the annual threshold for private-sector mandates 
($131 million in 2007, adjusted annually for inflation).
    Estimated cost to the Federal Government: Under FCC rules, 
VoIP providers were required to connect their customers to 
emergency 911 services by November 28, 2005. H.R. 3403 would 
codify this regulation. The bill also would require the E-911 
Implementation Coordination Office to develop a plan to 
establish a national system for 911 communications that is 
Internet-based.
    Based on information provided by the FCC, CBO estimates 
that administrative costs for various rulemakings called for in 
the bill would cost about $1 million in 2008. We estimate that 
planning for an emergency system that is Internet-based would 
cost less than $500,000 over the 2008-2012 period.
    Enacting H.R. 3403 could increase federal revenues as the 
result of the collection of additional civil and forfeiture 
penalties assessed for violations of FCC laws and regulations. 
Collections of such penalties are recorded in the budget as 
revenues. CBO estimates that any additional revenues that would 
result from enacting H.R. 3403 would not be significant because 
of the relatively small number of cases likely to be involved.
    Estimated impact on state, local, and tribal governments: 
H.R. 3403 contains several intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act, including 
limitations on certain fees that state and local governments 
impose on VoIP services, and a preemption of state liability 
laws. CBO estimates that the costs of those provisions to 
state, local, and tribal governments would be small; while they 
would grow over time, they would not exceed the threshold 
established in UMRA ($66 million in 2007, adjusted annually for 
inflation) in any of the first five years that the mandates are 
in effect.

Limitations on Fees

    The bill would prohibit state, local, and tribal 
governments from imposing fees on VoIP subscribers that exceed 
those imposed on the same class of subscribers (business or 
residential) of other telecommunications services. The bill 
also would require that intergovernmental entities spend 911 
fees collected on VoIP services only for support of emergency 
communications.
    Thirteen states currently levy 911 fees on VoIP services. 
Nine of those states impose fees that are lower than or equal 
to the lowest fee charged on wireless and wireline services; 
CBO assumes that fees in those states would not be affected by 
the bill's limitation. One state currently charges a VoIP 911 
fee that is higher than the residential wireline fee but lower 
than the business wireline fee, and presumably that state's fee 
on residential consumers of VoIP would be preempted by the 
bill. The remaining three states allow local governments to set 
fees; CBO cannot estimate the extent to which the bill would 
result in lost fees in those three states because information 
on the level of local fees is not readily available. We expect, 
however, that the costs to state and local governments from the 
bill's limitation on fees would likely be small because the 
number of VoIP users in those four states is not likely to be 
large, and local governments are not likely to levy fees on 
VoIP users that are significantly different from those levied 
on the same class of users of other telecommunications 
services.
    It also is possible that some state and local governments 
might impose such fees at a rate higher than those charged on 
other telephone services, but CBO has no information upon which 
to make such a judgment at this time. Most states impose 911 
fees on wireline and wireless services that are similar, 
suggesting that such fees on VoIP also would be similar. In 
total, CBO estimates that the costs to state and local 
governments from the bill's limitation on fees, while they 
might grow over time, would likely be small over the next five 
years.
    The most recent data available indicate that four states 
use 911 fees, including wireless and wireline fees, for 
purposes other than 911 or emergency communications services. 
Two of those states currently levy 911 fees on VoIP and would 
be prevented by the bill from using those fees for nonemergency 
communications purposes. One additional state that currently 
has a 911 fee on VoIP allows counties and local governments to 
collect and use those revenues. CBO cannot estimate the extent 
to which counties and local governments use that revenue for 
nonemergency communications purposes because that information 
is not maintained by the states. CBO believes, however, that 
the costs to state and local governments from the bill's 
limitation on the use of fees, while they also might grow over 
time, would likely be small over the next five years.

Preemption of State Liability Laws and Requirements on Public Safety 
        Access Points (PSAPs)

    The bill would preempt state liability laws covering PSAPs 
and other governmental entities that answer 911 calls connected 
using VoIP. This provision would give PSAPs, a provider, or a 
user of VoIP the same protection from liability claims granted 
to wireless and wireline entities, and ultimately would benefit 
intergovernmental entities by protecting them from such claims.
    Estimated impact on the private sector: H.R. 3403 contains 
private-sector mandates, as defined in UMRA, on certain 
entities in the telecommunications industry. The bill would 
require entities that own the 911 components necessary to 
transmit VoIP emergency calls to allow VoIP providers to have 
full access to those components. Owners of 911 components would 
be required to enter into such agreements, but they would be 
able to charge VoIP providers a fee for using their network 
components. Some small entities could incur costs to install 
equipment, but information from industry sources indicates that 
many entities already have the necessary equipment in place. 
Thus, CBO expects that the direct costs of complying with this 
mandate would be minimal.
    The bill also would impose a private-sector mandate on 
certain consumers and third-party users of VoIP services by 
eliminating an existing right to seek compensation for injury 
caused by negligent acts. The direct cost of the mandate would 
be the forgone net value of any awards and settlements in such 
claims. CBO has found no pending lawsuit with a claim that 
would be barred by the bill and has no basis for estimating the 
number of claims that would be filed in the future in absence 
of this legislation. Furthermore, CBO has no basis for 
predicting the level of potential damage awards in such cases, 
if any. Thus, CBO cannot estimate the cost of this mandate or 
whether the aggregate cost of all the mandates in the bill 
would exceed the annual threshold for private-sector mandates 
($131 million in 2007, adjusted annually for inflation).
    Previous CBO estimate: On May 25, 2007, CBO transmitted an 
estimate for S. 428, the IP-Enabled Voice Communications and 
Public Safety Act of 2007, as ordered reported by the Senate 
Committee on Commerce, Science, and Transportation on April 25, 
2007. H.R. 3403 and S. 428 are similar, and the cost estimates 
are the same.
    Estimate prepared by: Federal Costs: Susan Willie; Impact 
on State, Local, and Tribal Governments: Elizabeth Cove; Impact 
on the Private Sector: MarDestinee Perez.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates regarding H.R. 3403 prepared by the Director of the 
Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act.

                      Advisory Committee Statement

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

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act of 1995.

             Section-by-Section Analysis of the Legislation

Section 1. Short title

    Section 1 establishes the short title of the Act as the 
``911 Modernization and Public Safety Act of 2007''.

      TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS

Section 101. Duty to provide 911 and E-911 service

    Section 101 amends the Wireless Communications and Public 
Safety Act of 1999 (47 U.S.C. 615b) and would redesignate 
section 6 as section 7 and add a new section 6.
    New subsection 6(a) would obligate every IP-enabled voice 
service provider to provide 911 and E-911 service in accordance 
with the Commission requirements in effect on the date of 
enactment of H.R. 3403 as such requirements may be modified by 
the Commission from time to time. New subsection 6(a) is not 
intended to reverse the Commission's actions to date concerning 
the duty of VoIP providers to provide 911 and E-911 services. 
The Commission's General Counsel has supplied the Committee 
with a letter, which has been made part of the record, stating 
that the Commission's existing regulations fully implement the 
duty of VoIP providers to provide 911 and E-911 services, and 
the Committee is satisfied by the Commission's statement in 
this regard. Should changes in the marketplace or in technology 
merit, the Committee expects that the Commission will reexamine 
its regulations as necessary, consistent with the Commission's 
general authority under section 1 of the Communications Act of 
1934 to promote the ``safety of life and property'' through the 
use of wire and radio communications.
    New subsection 6(b) would give VoIP providers, when they 
seek access to the capabilities needed to provide 911 and E-911 
service from any entity with ownership or control over those 
capabilities, the same rights, including rights of 
interconnection, and on the same rates, terms, and conditions 
as would be applicable to providers of commercial mobile 
service (also referred to herein as wireless service), subject 
to regulations promulgated by the Commission under new 
subsection 6(c).
    The rights new subsection 6(b) affords to VoIP providers, 
including the rights of interconnection, are for the sole 
purpose of transmitting, delivering, and completing 911 and E-
911 calls and associated E-911 information and for no other 
purpose, consistent with the limited purposes of H.R. 3403. The 
phrase ``including rights of interconnection'' makes clear 
that, to the extent that wireless carriers have rights of 
interconnection with entities that own or control the 
capabilities needed to provide 911 and E-911 service, VoIP 
providers have interconnection rights commensurate with those 
of wireless carriers as established by the Commission for the 
sole purpose of transmitting, delivering, and completing 911 
and E-911 calls and associated E-911 information. H.R. 3403 is 
not intended to abrogate existing commercial arrangements 
relating to the provision of 911 and E-911 service entered into 
by VoIP providers prior to the enactment of H.R. 3403. H.R. 
3403 does not give VoIP providers a right of access to the 911 
infrastructure beyond what is needed to transmit, deliver, and 
complete 911 and E-911 calls and associated E-911 information.
    New subsection 6(c) would require the Commission to issue 
regulations implementing H.R. 3403 within 90 days of the date 
of enactment. Such regulations shall ensure that VoIP providers 
have the ability to exercise the rights granted under new 
subsection 6(b). New subsection 6(c) would require the 
Commission to promulgate regulations that take into account any 
technical, network security, or information privacy 
requirements specific to VoIP service. It would further require 
that any such capabilities that VoIP, but not wireless, 
providers need to provide 911 and E-911 services are made 
available at the same rates, terms, and conditions as if such 
capabilities were made available to wireless carriers. Such 
regulations should not confer a right to capabilities that are 
more than what is needed to enable a VoIP provider to transmit, 
deliver, and complete 911 and E-911 calls and associated E-911 
information or give VoIP providers access to capabilities 
needed to transmit, deliver, and complete 911 and E-911 calls 
and associated E-911 information on better rates, terms, and 
conditions than such capabilities would be made available to 
wireless carriers. New subsection 6(c) would direct the 
Commission to update its regulations in the future as changes 
in the market or technology warrant.
    The term ``capabilities'' should be construed to include 
both those components that wireless carriers use to provide 911 
and E-911 service that VoIP providers also need to provide 911 
and E-911 service and those components that VoIP providers need 
to provide 911 and E-911 service that wireless carriers do not 
need because of differences in the ways that wireless carriers 
and VoIP providers transmit, deliver, and complete 911 and E-
911 calls and related E-911 information. In promulgating 
regulations, the Commission should therefore consider 
equipment; interfaces, such as PSAP interface and integration 
capabilities; networks, such as Emergency Service Numbers, 
Emergency Service Query Keys, and Emergency Service Routing 
Numbers; selective routers; trunklines; non-dialable pseudo 
automatic number identification numbers (p-ANIs); facilities, 
including access to voice and data communication ports; 
databases; and other components only to the extent that any of 
these are needed to support the seamless transmission, 
delivery, and completion of 911 and E-911 calls and associated 
E-911 information.
    The term ``any entity'' should be broadly construed because 
critical components of the 911 infrastructure may reside with 
an incumbent carrier, a PSAP, or some other entity.
    When developing its regulations, the Commission should 
account for existing differences in the emergency services 
infrastructure, including differences in the technical 
capabilities of PSAPs. The Commission should also reexamine its 
existing regulations and make any necessary changes to comply 
with H.R. 3403, which include, but are not limited to, ensuring 
that VoIP providers that have a duty to provide 911 and E-911 
services but are not competitive LECs have direct access to p-
ANIs.
    The Commission should take into account technical 
feasibility as it implements the provisions of H.R. 3403, 
particularly for nascent technologies such as mobile VoIP 
service. Mobile VoIP service is a version of nomadic VoIP 
service that permits a consumer using a wireless phone to 
bypass the traditional cellular network and send or receive 
data using Internet protocol services. As mobile VoIP develops 
into a full-fledged, widely-used service, providers should 
strive to use E-911 technologies that comply with the same 
accuracy standards as wireless services.
    Under new subsection 6(c), the Commission should address 
technical or architectural differences between the services and 
networks of VoIP providers and the services and networks of 
wireless carriers. The regulations should adhere to the basic 
tenet established in new subsection 6(b) that the rights given 
to VoIP providers in H.R. 3403 are for the sole purpose of 
transmitting, delivering, and completing 911 and E-911 calls 
and associated E-911 information and do not extend beyond a 
right of access only to the 911 infrastructure needed to 
transmit, deliver, and complete 911 and E-911 calls and 
associated E-911 information.
    New subsection 6(d) would permit the Commission to delegate 
to States enforcement of regulations implementing new 
subsection 6(c). It would also clarify that nothing in this 
section is intended to alter existing State authority over 
emergency communications, provided that the exercise of that 
authority is not inconsistent with Federal law or Commission 
requirements.
    New subsection 6(e) would provide that nothing in H.R. 3403 
be construed to permit the Commission to require or impose a 
specific technology or technology standard. The Commission may, 
however, adopt technology-neutral, performance-based standards 
or requirements. New subsection 6(e) would also require that 
any violations of this section or the regulations adopted by 
the Commission thereunder be considered a violation of the 
Communications Act of 1934, or a regulation promulgated under 
that Act, respectively.
    New subsection 6(f) would provide that nothing in H.R. 
3403, the Communications Act of 1934, or any Commission 
regulation or order prevents States or their political 
subdivisions from imposing or collecting 911 or E-911 fees, so 
long as those fees are obligated or spent in support of 911 or 
E-911 services and do not exceed fees imposed or collected from 
other telecommunications service providers for specific classes 
of customers. For example, if a State or its political 
subdivision imposes a 911 fee on wireless or wireline carriers 
that consists of one rate for residential customers and another 
rate for business customers, the State or its political 
subdivision may collect no more from VoIP providers for the 
same classes of customers.
    New subsection 6(f) would also provide that fees collected 
by States or their political subdivisions may only be used for 
911 or E-911 services, or enhancements of such services, as 
specified in the law adopting the fee. States and their 
political subdivisions should use 911 or E-911 fees only for 
direct improvements to the 911 system. Such improvements could 
include improving the technical and operational aspects of 
PSAPs; establishing connections between PSAPs and other public 
safety operations, such as a poison control center; or 
implementing the migration of PSAPs to an IP-enabled emergency 
network. This provision is not intended to allow 911 or E-911 
fees to be used for other public safety activities that, 
although potentially worthwhile, are not directly tied to the 
operation and provision of emergency services by the PSAPs. The 
Committee also encourages States and their political 
subdivisions to apply 911 fees equitably to providers of 
different types of communications services to the extent 
possible. In particular, the Committee urges States and their 
political subdivisions, when adopting 911 and E-911 fees, to 
examine fee structures that accommodate pre-paid 
telecommunications services.
    New subsection 6(f) would also require the Commission to 
submit an annual report to Congress on the status of the 
collection and distribution of 911 and E-911 fees by States and 
their political subdivisions, including whether fees were used 
for the purposes specified by each State.
    New subsection 6(g) would authorize the Commission to 
compile and make available information about PSAPs and 911 
components to assist VoIP providers in complying with the 
requirements of H.R. 3403 if the availability of such 
information would improve public safety. Such information may 
include PSAP contact information, contact information for 
providers of selective routers, testing procedures, classes and 
types of services supported by PSAPs, or other information 
concerning 911 elements that the Commission concludes would 
assist VoIP providers in complying with this section. New 
subsection 6(g) would permit the Commission to give such 
information only to wireline carriers, wireless carriers, VoIP 
providers, other emergency services providers, or the vendors 
to, or agents of, any such carriers or providers. The 
Commission should make such information available in a manner 
that protects the security of the emergency services 
infrastructure. The Committee notes with approval a request 
from public safety representatives to establish a list of all 
emergency services providers, with a point of contact and 
contact information. The Committee believes such a list would 
be helpful to PSAPs and improve public safety and could be 
included in the Commission's implementation of new subsection 
6(g).
    New subsection 6(h) would provide that nothing in H.R. 3403 
be construed as altering, delaying, or otherwise limiting the 
ability of the Commission to enforce the rules adopted in the 
Commission's First Report and Order in WC Docket Nos. 04-36 and 
05-196, as in effect on the date of enactment of the 911 
Modernization and Public Safety Act of 2007, except as those 
rules are modified by the Commission from time to time. New 
subsection 6(h) would not grant additional enforcement 
authority to the Commission but instead would preserve the 
Commission's existing rules concerning the provision of 911 and 
E-911 services by VoIP providers, except as required to be 
modified by the provisions of H.R. 3403.
    New section 7, as redesignated by H.R. 3403, would add a 
definition of ``IP-enabled voice service'' that is tied to the 
Commission's definition of ``interconnected VoIP service'' at 
47 C.F.R. 9.3. The Committee recognizes that new technologies 
or successor protocols may enter the marketplace. As these new 
technologies or successor protocols become widely accepted and 
fungible substitutes for telephony, the Committee recognizes 
that the Commission may need to modify its definition from time 
to time.

Section 102. Migration to IP-enabled emergency network

    Section 102 amends section 158 of the National 
Telecommunications and Information Organization Act (47 U.S.C. 
942) to allow the use of 911 PSAP grant funds for migration to 
IP-enabled emergency networks. It also amends section 158 to 
require the E-911 Coordination and Implementation Office to 
report to Congress within 270 days of the date of enactment of 
H.R. 3403 on a national plan for migrating to a national IP-
enabled emergency network.
    Section 102 sets forth specific requirements for what 
should be included in the plan and requires the E-911 
Implementation Coordination Office to consult with 
representatives from public safety, groups representing those 
with disabilities, technology and telecommunications providers, 
VoIP providers, telecommunications relay service providers, and 
other emergency communications service providers as 
appropriate. H.R. 3403 does not define the term ``national IP-
enabled emergency network'' because this definition should be 
developed as part of creating the national plan.
    The national plan required by section 102 should address 
the potential benefits of an IP-enabled emergency network. It 
should also examine the costs and potential savings of an IP-
enabled emergency network and provide recommendations for 
legislative changes, including specific legislative language. 
The report should examine the experiences of PSAPs and public 
safety officials that conduct trial deployments of IP-enabled 
emergency networks and analyze efforts to provide automatic 
location for E-911 purposes.
    The E-911 Implementation Coordination Office should also 
examine and explain how the migration plan will incorporate 
solutions for providing 911 and E-911 access to people with 
disabilities. Certain people with disabilities may not be able 
to speak to or hear an emergency operator and the report should 
consider ways to address this issue.
    The report should also include an examination of the 
technical requirements for transitioning to a national IP-
enabled emergency network. This includes examining the need for 
new, modified, or expanded capabilities of existing 
technologies. The report should also identify the various 
systems integral to PSAP operation and performance, the 
interaction between PSAPs, and what changes or modifications 
would be required to move PSAPs to an IP-enabled emergency 
network. This would include changes or modifications to 
computer-aided dispatch, radio dispatch, records management 
systems, incident management systems, geographic information 
systems, access to external databases or systems necessary to 
support the effective management of IP-enabled 911 and E-911 
calls, and other information related to emergency services.

Section 103. Technical amendments

    Section 103 would correct a technical error in section 2301 
of Public Law 110-53. Section 103 amends section 3011(b) of the 
Digital Television Transition and Public Safety Act of 2005 
(Public Law 109-171; 47 U.S.C. 309 note), and section 158(b)(4) 
of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 942(b)(4)) by 
striking ``the 911 Modernization Act'' and inserting ``the 911 
Modernization and Public Safety Act of 2007''. This technical 
correction would allow NTIA to use its borrowing authority in 
Public Law 110-53 to fund a grant program contained in the 
Enhance 911 Act of 2004, which funds upgrades to the emergency 
services system.

                     TITLE II--PARITY OF PROTECTION

Section 201. Liability

    Section 201 amends the Wireless Communications and Public 
Safety Act of 1999 (47 U.S.C. 615a) to provide liability 
protection for VoIP providers, other emergency communications 
service providers, public safety officials, and end users 
relating to the provision and use of VoIP 911 and E-911 service 
and other emergency communications services that is equivalent 
to the liability protection that wireline and wireless 
carriers, public safety officials, and end users have with 
respect to the provision and use of wireline and wireless 911 
and E-911 service.
    Section 201 also adds two definitions to the Wireless 
Communications and Public Safety Act of 1999. The term ``other 
emergency communications service'' is defined as emergency 
information that is provided to a PSAP via wireline or wireless 
communications, and may include 911 and E-911 services. Such 
services could include the provision of data and video 
information that is designed to improve the ability of first 
responders to react to emergencies. The term ``other emergency 
communications service provider'' means an entity required by 
the Commission to provide other emergency communications 
services or, in the absence of a Commission requirement, an 
entity that voluntarily elects to provide other emergency 
communications services and is authorized by the appropriate 
State or local governing authority to provide such services.
    Providers of new and innovative emergency services should 
be able to freely enter the emergency communications market. 
The requirement that other emergency communications service 
providers be authorized by the appropriate State or local 
governing authority should not be a barrier to providing such 
services. State or local governing authorities should strive to 
provide a broad array of options for authorizing legitimate 
emergency communications service providers, consistent with its 
public safety needs and ability to oversee such service 
offerings. For example, it would be appropriate for State or 
local authorities to use, for authorization purposes, 
compliance with standards established by national emergency 
service groups such as the National Emergency Number 
Association, the National Association of State 9-1-1 
Administrators, or the Association of Public-Safety 
Communications Officials.

 TITLE III--AUTHORITY TO PROVIDE CUSTOMER INFORMATION FOR 911 PURPOSES

Section 301. Authority to provide customer information

    Section 301 amends section 222 of the Communications Act of 
1934 and would add IP-enabled voice services to the list of 
Customer Proprietary Network Information exceptions in section 
222, so that VoIP providers may give customer information, 
including location information, to the appropriate PSAP in an 
emergency. Section 301 would also prohibit administrators of 
911 databases from using for competitive purposes data obtained 
from unaffiliated telecommunications carriers or VoIP providers 
in the course of maintaining and operating such databases. 
Unaffiliated voice service providers are required to provide 
certain information about their customers, including location 
information, to 911 database administrators for the 911 system 
to function. Administrators of 911 databases should not use 
that information for other purposes that are unrelated to the 
provision of emergency services.
    Nothing in section 301, however, is intended to prohibit 
government agencies, including appropriate State agencies, 
otherwise authorized by law from requesting information 
contained in any such database. Federal or State agencies may 
wish to examine such information to assist their decision-
making. If an agency decides to request such information, then 
the database administrator should provide the information to 
the agency in a usable format and as expeditiously as possible 
to allow the agency to fulfill its duties. This provision 
should be construed broadly to allow agencies to access such 
information if they are permitted to do so by law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999

           *       *       *       *       *       *       *

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

  (a) Provider Parity.--A [wireless carrier,] wireless carrier, 
IP-enabled voice service provider, or other emergency 
communications provider, and [its officers] their officers, 
directors, employees, vendors, and agents, shall have immunity 
or other protection from liability in a State of a scope and 
extent that is not less than the scope and extent of immunity 
or other protection from liability that any local exchange 
company, and its officers, directors, employees, vendors, or 
agents, have under Federal and State law (whether through 
statute, judicial decision, tariffs filed by such local 
exchange company, or otherwise) applicable in such State, 
including in connection with an act or omission involving the 
release to a PSAP, emergency medical service provider or 
emergency dispatch provider, public safety, fire service or law 
enforcement official, or hospital emergency or trauma care 
facility of subscriber information related to [emergency calls 
or emergency services] emergency calls, emergency services, or 
other emergency communications services.
  (b) User Parity.--A person [using wireless 9-1-1 service 
shall] using wireless 9-1-1 service, or making 9-1-1 
communications via IP-enabled voice service or other emergency 
communications service, shall have immunity or other protection 
from liability of a scope and extent that is not less than the 
scope and extent of immunity or other protection from liability 
under applicable law in similar circumstances of a person using 
9-1-1 service [that is not wireless] that is not via wireless 
9-1-1 service, IP-enabled voice service, or other emergency 
communications service.
  (c) PSAP Parity.--In matters related to [wireless 9-1-1 
communications, a PSAP] 9-1-1 communications via wireless 9-1-1 
service, IP-enabled voice service, or other emergency 
communications service, a PSAP, and its employees, vendors, 
agents, and authorizing government entity (if any) shall have 
immunity or other protection from liability of a scope and 
extent that is not less than the scope and extent of immunity 
or other protection from liability under applicable law 
accorded to such PSAP, employees, vendors, agents, and 
authorizing government entity, respectively, in matters related 
to 9-1-1 communications [that are not wireless] that are not 
via wireless 9-1-1 service, IP-enabled voice service, or other 
emergency communications service.

           *       *       *       *       *       *       *

SEC. 6. DUTY TO PROVIDE 911 AND E-911 SERVICE.

  (a) Duties.--It shall be the duty of each IP-enabled voice 
service provider to provide 911 service and E-911 service to 
its subscribers in accordance with the requirements of the 
Federal Communications Commission (in this section referred to 
as the ``Commission''), as in effect on the date of enactment 
of the 911 Modernization and Public Safety Act of 2007 and as 
such requirements may be modified by the Commission from time 
to time.
  (b) Parity for IP-Enabled Voice Service Providers.--An IP-
enabled voice service provider that seeks capabilities 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 the 
same rights, including rights of interconnection, and on the 
same rates, terms, and conditions, as apply 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).
  (c) Regulations.--The Commission--
          (1) within 90 days after the date of enactment of the 
        911 Modernization and Public Safety Act of 2007, shall 
        issue regulations implementing such Act, including 
        regulations that--
                  (A) ensure that IP-enabled voice service 
                providers have the ability to exercise their 
                rights under subsection (b);
                  (B) take into account any technical, network 
                security, or information privacy requirements 
                that are specific to IP-enabled voice services; 
                and
                  (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; and
          (2) may modify these requirements 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).
  (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 
agencies or programs with jurisdiction over emergency 
communications. Nothing in this section is intended to alter 
the authority of State commissions or other State agencies with 
jurisdiction over emergency communications, provided that the 
exercise of such authority is not inconsistent with Federal law 
or Commission requirements.
  (e) Implementation.--
          (1) Limitation.--Nothing in this section shall be 
        construed to permit the Commission to issue regulations 
        that require or impose a specific technology or 
        technology standard.
          (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.
  (f) State Authority Over Fees.--
          (1) Authority.--Nothing in this Act, the 
        Communications Act of 1934 (47 U.S.C. 151 et seq.), the 
        911 Modernization and Public Safety Act of 2007, 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, or Indian tribe for the support or 
        implementation of 911 or E-911 services, provided that 
        the fee or charge is obligated or expended only in 
        support of 911 and E-911 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.
          (2) Fee accountability report.--To ensure efficiency, 
        transparency, and accountability in the collection and 
        expenditure of fees for the support or implementation 
        of 911 or E-911 services, the Commission shall submit a 
        report within 1 year after the date of enactment of the 
        911 Modernization and Public Safety Act of 2007, 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 911 fees, 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 fee or charges are presented.
  (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 911 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.
  (h) Rule of Construction.--Nothing in the 911 Modernization 
and Public Safety Act of 2007 shall be construed as altering, 
delaying, or otherwise limiting the ability of the Commission 
to enforce the rules adopted in the Commission's First Report 
and Order in WC Docket Nos. 04-36 and 05-196, as in effect on 
the date of enactment of the 911 Modernization and Public 
Safety Act of 2007, except as such rules may be modified by the 
Commission from time to time.

SEC. [6.] 7. DEFINITIONS.

   As used in this Act:
          (1)  * * *

           *       *       *       *       *       *       *

          (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).
          (9) 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 911 and enhanced 911 services.
          (10) Other emergency communications service 
        provider.--The term ``other emergency communications 
        service provider'' means--
                  (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; or
                  (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 911 governing authority to 
                provide other emergency communications 
                services.

           *       *       *       *       *       *       *

                              ----------                              

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION 
ACT

           *       *       *       *       *       *       *

TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

           *       *       *       *       *       *       *

PART C--SPECIAL AND TEMPORARY PROVISIONS

           *       *       *       *       *       *       *

SEC. 158. COORDINATION OF E-911 IMPLEMENTATION.

  (a) * * *
  (b) Phase II E-911 Implementation Grants.--
          (1) Matching grants.--The Assistant Secretary and the 
        Administrator, after consultation with the Secretary of 
        Homeland Security and the Chairman of the Federal 
        Communications Commission, and acting through the 
        Office, shall provide grants to eligible entities for 
        the implementation and operation of Phase II E-911 
        services and for migration to an IP-enabled emergency 
        network.

           *       *       *       *       *       *       *

          (4) Criteria.--The Assistant Secretary and the 
        Administrator shall jointly issue regulations within 
        180 days after the date of enactment of the ENHANCE 911 
        Act of 2004, after a public comment period of not less 
        than 60 days, prescribing the criteria for selection 
        for grants under this section, and shall update such 
        regulations as necessary. The criteria shall include 
        performance requirements and a timeline for completion 
        of any project to be financed by a grant under this 
        section. Within 180 days after the date of enactment of 
        [the 911 Modernization Act] the 911 Modernization and 
        Public Safety Act of 2007, the Assistant Secretary and 
        the Administrator shall jointly issue regulations 
        updating the criteria to allow a portion of the funds 
        to be used to give priority to grants that are 
        requested by public safety answering points that were 
        not capable of receiving 911 calls as of the date of 
        enactment of that Act, for the incremental cost of 
        upgrading from Phase I to Phase II compliance. Such 
        grants shall be subject to all other requirements of 
        this section.

           *       *       *       *       *       *       *

  (d) Migration Plan Required.--
          (1) National plan required.--No more than 270 days 
        after the date of the enactment of the 911 
        Modernization 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) include a proposed timetable, an outline 
                of costs, and potential savings;
                  (D) provide specific legislative language, if 
                necessary, for achieving the plan;
                  (E) provide recommendations on any 
                legislative changes, including updating 
                definitions, to facilitate a national IP-
                enabled emergency network;
                  (F) 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 911 Modernization and Public 
                Safety Act of 2007;
                  (G) identify solutions for providing 911 and 
                E-911 access to those with disabilities and 
                needed steps to implement such solutions, 
                including a recommended timeline; and
                  (H) analyze efforts to provide automatic 
                location for E-911 purposes and recommendations 
                on regulatory or legislative changes that are 
                necessary to achieve automatic location for E-
                911 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, IP-enabled voice service 
        providers, Telecommunications Relay Service providers, 
        and other emergency communications providers and others 
        it deems appropriate.
  [(d)] (e) Authorization; Termination.--
          (1)  * * *

           *       *       *       *       *       *       *

  [(e)] (f) Definitions.--As used in this section:
          (1)  * * *

           *       *       *       *       *       *       *

                              ----------                              

SECTION 3011 OF THE DIGITAL TELEVISION TRANSITION AND PUBLIC SAFETY ACT 
                                OF 2005

SEC. 3011. ENHANCE 911.

  (a)  * * *
  (b) Credit.--The Assistant Secretary may borrow from the 
Treasury, upon enactment of [the 911 Modernization Act] the 911 
Modernization and Public Safety Act of 2007, such sums as 
necessary, but not to exceed $43,500,000, to implement this 
section. The Assistant Secretary shall reimburse the Treasury, 
without interest, as funds are deposited into the Digital 
Television Transition and Public Safety Fund.
                              ----------                              

COMMUNICATIONS ACT OF 1934

           *       *       *       *       *       *       *

                       TITLE II--COMMON CARRIERS

PART I--COMMON CARRIER REGULATION

           *       *       *       *       *       *       *

SEC. 222. PRIVACY OF CUSTOMER INFORMATION.

  (a)  * * *

           *       *       *       *       *       *       *

  (d) Exceptions.--Nothing in this section prohibits a 
telecommunications carrier from using, disclosing, or 
permitting access to customer proprietary network information 
obtained from its customers, either directly or indirectly 
through its agents--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) to provide call location information concerning 
        the user of a commercial mobile service (as such term 
        is defined in section 332(d)) 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))--
                  (A)  * * *

           *       *       *       *       *       *       *

  (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)) 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)), other than in accordance with 
        subsection (d)(4); or

           *       *       *       *       *       *       *

  (g) Subscriber Listed and Unlisted Information for Emergency 
Services.--[Notwithstanding subsections (b)]
          (1) In general.--Notwithstanding subsections (b), 
        (c), and (d), a telecommunications carrier that 
        provides telephone exchange service 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)) 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.
          (2) Prohibited use of location information 
        databases.--No administrator of any database used for 
        the purpose of facilitating the provision of emergency 
        services may use for any competitive purpose data 
        obtained from unaffiliated telecommunications carriers 
        or IP-enabled voice service providers in the course of 
        maintaining and operating that database. Nothing in 
        this section is intended to prohibit government 
        agencies otherwise authorized under law from requesting 
        information contained in any such database.

           *       *       *       *       *       *       *

                                  

```