```

[110th Congress Public Law 283]
[From the U.S. Government Printing Office]

[DOCID: f:publ283.110]

[[Page 2619]]

        NEW AND EMERGING TECHNOLOGIES 911 IMPROVEMENT ACT OF 2008

[[Page 122 STAT. 2620]]

Public Law 110-283
110th Congress

                                 An Act

 
     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. <<NOTE: July 23, 
                         2008 -  [H.R. 3403]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: New and Emerging 
Technologies 911 Improvement Act of 2008. 47 USC 609 note.>> 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. <<NOTE: 47 USC 615a-1.>>  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--

[[Page 122 STAT. 2621]]

            ``(1) <<NOTE: Deadline.>>  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) <<NOTE: Registration.>>  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

[[Page 122 STAT. 2622]]

        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) <<NOTE: Procedures.>>  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.

[[Page 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 <<NOTE: Deadline. Reports.>>  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 
                IP-enabled emergency network is available in every 
                community and is coordinated on a local, regional, and 
                statewide basis;
                    ``(D) identify location technology for nomadic 
                devices and for office buildings and multi-dwelling 
                units;
                    ``(E) include a proposed timetable, an outline of 
                costs, and potential savings;
                    ``(F) provide specific legislative language, if 
                necessary, for achieving the plan;
                    ``(G) provide recommendations on any legislative 
                changes, including updating definitions, 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 IP-enabled emergency networks as of the date of 
                enactment

[[Page 122 STAT. 2624]]

                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, IP-
        enabled 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:

[[Page 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

[[Page 122 STAT. 2626]]

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

    Approved 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.

                                  <all>
```