PUBLIC LAW 110–283—JULY 23, 2008 

NEW AND EMERGING TECHNOLOGIES 911 

IMPROVEMENT ACT OF 2008 


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122 STAT. 2620 PUBLIC LAW 110–283—JULY 23, 2008 

Public Law 110–283 

110th Congress 

An Act 

To promote and enhance public safety by facilitating the rapid deployment of IPenabled 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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘New and Emerging Technologies 

911 Improvement Act of 2008’’ or the ‘‘NET 911 Improvement 

Act of 2008’’. 

TITLE I—911 SERVICES AND IP– 

ENABLED VOICE SERVICE PROVIDERS 

SEC. 101. DUTY TO PROVIDE 911 AND ENHANCED 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 9–1–1 AND ENHANCED 9–1–1 SERVICE. 

‘‘(a) DUTIES.—It shall be the duty of each IP-enabled voice 

service provider to provide 9–1–1 service and enhanced 9–1–1 

service to its subscribers in accordance with the requirements of 

the Federal Communications Commission, as in effect on the date 

of enactment of the New and Emerging Technologies 911 Improvement Act of 2008 and as such requirements may be modified by 

the Commission from time to time. 

‘‘(b) PARITY FOR IP-ENABLED VOICE SERVICE PROVIDERS.—An 

IP-enabled voice service provider that seeks capabilities to provide 

9–1–1 and enhanced 9–1–1 service from an entity with ownership 

or control over such capabilities, to comply with its obligations 

under subsection (a), shall, for the exclusive purpose of complying 

with such obligations, have a right of access to such capabilities, 

including interconnection, to provide 9–1–1 and enhanced 9–1– 

1 service on the same rates, terms, and conditions that are provided 

to a provider of commercial mobile service (as such term is defined 

in section 332(d) of the Communications Act of 1934 (47 U.S.C. 

332(d))), subject to such regulations as the Commission prescribes 

under subsection (c). 

‘‘(c) REGULATIONS.—The Commission— 

47 USC 615a–1. 

New and 

Emerging 

Technologies 911 

Improvement Act 

of 2008. 

47 USC 609 note. 

July 23, 2008 

[H.R. 3403] 


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PUBLIC LAW 110–283—JULY 23, 2008 122 STAT. 2621 

‘‘(1) within 90 days after the date of enactment of the 

New and Emerging Technologies 911 Improvement Act of 2008, 

shall issue regulations implementing such Act, including regulations that— 

‘‘(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; 

‘‘(2) shall require IP-enabled voice service providers to 

which the regulations apply to register with the Commission 

and to establish a point of contact for public safety and government officials relative to 9–1–1 and enhanced 9–1–1 service 

and access; and 

‘‘(3) may modify such regulations from time to time, as 

necessitated by changes in the market or technology, to ensure 

the ability of an IP-enabled voice service provider to comply 

with its obligations under subsection (a) and to exercise its 

rights under subsection (b). 

‘‘(d) DELEGATION OF ENFORCEMENT TO STATE COMMISSIONS.— 

The Commission may delegate authority to enforce the regulations 

issued under subsection (c) to State commissions or other State 

or local agencies or programs with jurisdiction over emergency 

communications. Nothing in this section is intended to alter the 

authority of State commissions or other State or local agencies 

with jurisdiction over emergency communications, provided that 

the exercise of such authority is not inconsistent with Federal 

law or Commission requirements. 

‘‘(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 technological 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 New and Emerging 

Technologies 911 Improvement Act of 2008, or any Commission 

regulation or order shall prevent the imposition and collection 

of a fee or charge applicable to commercial mobile services 

or IP-enabled voice services specifically designated by a State, 

political subdivision thereof, Indian tribe, or village or regional 

Registration. 

Deadline. 


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122 STAT. 2622 PUBLIC LAW 110–283—JULY 23, 2008 

corporation serving a region established pursuant to the Alaska 

Native Claims Settlement Act, as amended (85 Stat. 688) for 

the support or implementation of 9–1–1 or enhanced 9–1– 

1 services, provided that the fee or charge is obligated or 

expended only in support of 9–1–1 and enhanced 9–1–1 services, 

or enhancements of such services, as specified in the provision 

of State or local law adopting the fee or charge. For each 

class of subscribers to IP-enabled voice services, the fee or 

charge may not exceed the amount of any such fee or charge 

applicable to the same class of subscribers to telecommunications services. 

‘‘(2) FEE ACCOUNTABILITY REPORT.—To ensure efficiency, 

transparency, and accountability in the collection and expenditure of a fee or charge for the support or implementation 

of 9–1–1 or enhanced 9–1–1 services, the Commission shall 

submit a report within 1 year after the date of enactment 

of the New and Emerging Technologies 911 Improvement Act 

of 2008, and annually thereafter, to the Committee on Commerce, Science and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives detailing the status in each State of the collection and 

distribution of such fees or charges, and including findings 

on the amount of revenues obligated or expended by each 

State or political subdivision thereof for any purpose other 

than the purpose for which any such fees or charges are specified. 

‘‘(g) AVAILABILITY OF PSAP INFORMATION.—The Commission 

may compile a list of public safety answering point contact information, contact information for providers of selective routers, testing 

procedures, classes and types of services supported by public safety 

answering points, and other information concerning 9–1–1 and 

enhanced 9–1–1 elements, for the purpose of assisting IP-enabled 

voice service providers in complying with this section, and may 

make any portion of such information available to telecommunications carriers, wireless carriers, IP-enabled voice service providers, other emergency service providers, or the vendors to or 

agents of any such carriers or providers, if such availability would 

improve public safety. 

‘‘(h) DEVELOPMENT OF STANDARDS.—The Commission shall work 

cooperatively with public safety organizations, industry participants, and the E–911 Implementation Coordination Office to 

develop best practices that promote consistency, where appropriate, 

including procedures for— 

‘‘(1) defining geographic coverage areas for public safety 

answering points; 

‘‘(2) defining network diversity requirements for delivery 

of IP-enabled 9–1–1 and enhanced 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. 

Procedures. 


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PUBLIC LAW 110–283—JULY 23, 2008 122 STAT. 2623 

‘‘(i) RULE OF CONSTRUCTION.—Nothing in the New and 

Emerging Technologies 911 Improvement Act of 2008 shall be construed as altering, delaying, or otherwise limiting the ability of 

the Commission to enforce the Federal actions taken or rules 

adopted obligating an IP-enabled voice service provider to provide 

9–1–1 or enhanced 9–1–1 service as of the date of enactment 

of the New and Emerging Technologies 911 Improvement Act of 

2008.’’; 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 enactment of the New and Emerging Technologies 911 Improvement Act of 2008, the Office shall develop 

and report to Congress on a national plan for migrating to 

a national IP-enabled emergency network capable of receiving 

and responding to all citizen-activated emergency communications and improving information sharing among all emergency 

response entities. 

‘‘(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 IPenabled 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, that are necessary 

to facilitate a national IP-enabled emergency network; 

‘‘(H) assess, collect, and analyze the experiences of 

the public safety answering points and related public safety 

authorities who are conducting trial deployments of IPenabled emergency networks as of the date of enactment 

Deadline. 

Reports. 


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122 STAT. 2624 PUBLIC LAW 110–283—JULY 23, 2008 

of the New and Emerging Technologies 911 Improvement 

Act of 2008; 

‘‘(I) identify solutions for providing 9–1–1 and enhanced 

9–1–1 access to those with disabilities and needed steps 

to implement such solutions, including a recommended 

timeline; and 

‘‘(J) analyze efforts to provide automatic location for 

enhanced 9–1–1 services and provide recommendations on 

regulatory or legislative changes that are necessary to 

achieve automatic location for enhanced 9–1–1 services. 

‘‘(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, IPenabled voice service providers, Telecommunications Relay 

Service providers, and other emergency communications providers and others it deems appropriate.’’. 

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: 


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PUBLIC LAW 110–283—JULY 23, 2008 122 STAT. 2625 

‘‘(8) OTHER EMERGENCY COMMUNICATIONS SERVICE.—The 

term ‘other emergency communications service’ means the 

provision of emergency information to a public safety answering 

point via wire or radio communications, and may include 9– 

1–1 and enhanced 9–1–1 service. 

‘‘(9) 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 9–1–1 service governing authority to provide other 

emergency communications services. 

‘‘(10) ENHANCED 9–1–1 SERVICE.—The term ‘enhanced 9– 

1–1 service’ means the delivery of 9–1–1 calls with automatic 

number identification and automatic location identification, or 

successor or equivalent information features over the wireline 

E911 network (as defined in section 9.3 of the Federal Communications Commission’s regulations (47 C.F.R. 9.3) as of the 

date of enactment of the New and Emerging Technologies 911 

Improvement Act of 2008) and equivalent or successor networks 

and technologies. The term also includes any enhanced 9– 

1–1 service so designated by the Commission in its Report 

and Order in WC Docket Nos. 04–36 and 05–196, or any successor proceeding.’’. 

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 


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122 STAT. 2626 PUBLIC LAW 110–283—JULY 23, 2008 

LEGISLATIVE HISTORY—H.R. 3403: 

HOUSE REPORTS: No. 110–442 (Comm. on Energy and Commerce). 

CONGRESSIONAL RECORD: 

Vol. 153 (2007): Nov. 13, considered and passed House. 

Vol. 154 (2008): June 16, considered and passed Senate, amended. 

June 23, House concurred in Senate amendment. 

Æ 

(3) in subsection (g), by inserting ‘‘or a provider of IPenabled 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’’. 

Approved July 23, 2008. 


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