II 

109TH CONGRESS 

1ST SESSION S. 1063 

To promote and enhance public safety and to encourage the rapid deployment 

of IP-enabled voice services. 

IN THE SENATE OF THE UNITED STATES 

MAY 18, 2005 

Mr. NELSON of Florida (for himself, Mr. BURNS, and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL

To promote and enhance public safety and to encourage 

the rapid deployment of IP-enabled voice services.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘IP-Enabled Voice 

5 Communications and Public Safety Act of 2005’’. 

6 SEC. 2. EMERGENCY SERVICE. 

7 (a) 911 and E–911 Services.—Notwithstanding sec8 tion 2(b) or any other provision of the Communications 

9 Act of 1934, the Commission shall prescribe regulations 

10 to establish a set of requirements or obligations on pro-
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1 viders of IP-enabled voice service to ensure that 911 and 

2 E–911 services are available to customers to IP-enabled 

3 voice service. Such regulations shall include an appro4 priate transition period by which to comply with such re5 quirements or obligations and take into consideration 

6 available industry technological and operational standards, 

7 including network security. 

8 (b) NON-DISCRIMINATORY ACCESS TO CAPABILI9 TIES.—Each entity with ownership or control of the nec10 essary emergency services infrastructure shall provide any 

11 requesting IP-enabled voice service provider with non12 discriminatory access to their equipment, network, data13 bases, interfaces and any other related capabilities nec14 essary for the delivery and completion of 911 and E911 

15 calls and information related to such 911 or E911 calls. 

16 Such access shall be consistent with industry standards 

17 established by the National Emergency Number Associa18 tion or other applicable industry standards organizations. 

19 Such entity shall provide access to the infrastructure at 

20 just and reasonable, nondiscriminatory rates, terms and 

21 conditions. The telecommunications carrier or other entity 

22 shall provide such access to the infrastructure on a stand23 alone basis. 

24 (c) STATE AUTHORITY.—Nothing in this Act, the 

25 Communications Act of 1934, or any Commission regula-
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1 tion or order shall prevent the imposition on or collection 

2 from a provider of voice services, including IP-enabled 

3 voice services, of any fee or charge specifically designated 

4 or presented as dedicated by a State, political subdivision 

5 thereof, or Indian tribe on an equitable, and non-discrimi6 natory basis for the support of 911 and E–911 services 

7 if no portion of the revenue derived from such fee or 

8 charge is obligated or expended for any purpose other than 

9 support of 911 and E–911 services or enhancements of 

10 such services. 

11 (d) STANDARD.—The Commission may establish reg12 ulations imposing requirements or obligations on providers 

13 of voice services, entities with ownership or control of 

14 emergency services infrastructure under subsections (a) 

15 and (b) only to the extent that the Commission determines 

16 such regulations are technologically and operationally fea17 sible. 

18 (e) CUSTOMER NOTICE.—Prior to the compliance 

19 with the rules as required by subsection (a), a provider 

20 of an IP-enabled voice service that is not capable of pro21 viding 911 and E–911 services shall provide a clear and 

22 conspicuous notice of the unavailability of such services 

23 to each customer at the time of entering into a contract 

24 for such service with that customer. 
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1 (f) VOICE SERVICE PROVIDER RESPONSIBILITY.—An 

2 IP-enabled voice service provider shall have the sole re3 sponsibility for the proper design, operation, and function 

4 of the 911 and E911 access capabilities offered to the pro5 vider’s customers. 

6 (g) PARITY OF PROTECTION FOR PROVISION OR USE

7 OF IP-ENABLED VOICE SERVICE.— 

8 (1) PROVIDER PARITY.—If a provider of an IP9 enabled voice service offers 911 or E–911 services in 

10 compliance with the rules required by subsection (a), 

11 that provider, its officers, directors, employees, ven12 dors, and agents, shall have immunity or other pro13 tection from liability of a scope and extent that is 

14 not less than the scope and extent of immunity or 

15 other protection from liability that any local ex16 change company, and its officers directors, employ17 ees, vendors, or agents, have under the applicable 

18 Federal and State law (whether through statute, ju19 dicial decision, tariffs filed by such local exchange 

20 company, or otherwise), including in connection with 

21 an act or omission involving the release of subscriber 

22 information related to the emergency calls or emer23 gency services to a public safety answering point, 

24 emergency medical service provider, or emergency 

25 dispatch provider, public safety, fire service, or law 
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1 enforcement official, or hospital emergency or trau2 ma care facility. 

3 (2) USER PARITY.—A person using an IP-en4 abled voice service that offers 911 or E–911 services 

5 pursuant to this subsection shall have immunity or 

6 other protection from liability of a scope and extent 

7 that is not less than the scope and extent of immu8 nity or other protection from liability under applica9 ble law in similar circumstances of a person using 

10 911 or E–911 service that is not provided through 

11 an IP-enabled voice service. 

12 (3) PSAP PARITY.—In matters related to IP13 enabled 911 and E–911 communications, a PSAP, 

14 and its employees, vendors, agents, and authorizing 

15 government entity (if any) shall have immunity or 

16 other protection from liability of a scope and extent 

17 that is not less than the scope and extent of immu18 nity or other protection from liability under applica19 ble law accorded to such PSAP, employees, vendors, 

20 agents, and authorizing government entity, respec21 tive, in matters related to 911 or E–911 communica22 tions that are not provided via an IP-enabled voice 

23 service. 

24 (h) DELEGATION PERMITTED.—The Commission 

25 may, in the regulations prescribed under this section, pro-
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1 vide for the delegation to State commissions of authority 

2 to implement and enforce the requirements of this section 

3 and the regulations thereunder. 

4 SEC. 3. MIGRATION TO IP–ENABLED EMERGENCY NET5 WORK. 

6 Section 158 of the National Telecommunications and 

7 Information Administration Organization Act (as added 

8 by section 104 of the ENHANCE 911 Act of 2004) is 

9 amended— 

10 (1) by redesignating subsections (d) and (e) as 

11 subsections (e) and (f), respectively; and 

12 (2) by inserting after subsection (c) the fol13 lowing: 

14 ‘‘(d) MIGRATION PLAN REQUIRED.— 

15 ‘‘(1) NATIONAL PLAN REQUIRED.—No more 

16 than 18 months after the date of the enactment of 

17 the ENHANCE 911 Act of 2004, the Office shall 

18 develop and report to Congress on a national plan 

19 for migrating to a national IP-enabled emergency 

20 network capable of receiving and responding to all 

21 citizen activated emergency communications. 

22 ‘‘(2) CONTENTS OF PLAN.—The plan required 

23 by paragraph (1) shall— 

24 ‘‘(A) outline the potential benefits of such 

25 a migration; 
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1 ‘‘(B) identify barriers that must be over2 come and funding mechanisms to address those 

3 barriers; 

4 ‘‘(C) include a proposed timetable, an out5 line of costs and potential savings; 

6 ‘‘(D) provide specific legislative language, 

7 if necessary, for achieving the plan; and 

8 ‘‘(E) provide recommendations on any leg9 islative changes, including updating definitions, 

10 to facilitate a national IP-enabled emergency 

11 network. 

12 ‘‘(3) CONSULTATION.—In developing the plan 

13 required by paragraph (1), the Office shall consult 

14 with representatives of the public safety community, 

15 technology and telecommunications providers, and 

16 others it deems appropriate.’’. 

17 SEC. 4. DEFINITIONS. 

18 (a) IN GENERAL.—For purposes of this Act: 

19 (1) 911 AND E–911 SERVICES.— 

20 (A) 911.—The term ‘‘911’’ means a serv21 ice that allows a user, by dialing the three-digit 

22 code 911, to call a public safety answering 

23 point operated by a State, local government, In24 dian tribe, or authorized entity. 
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1 (B) E–911.—The term ‘‘E–911 service’’ 

2 means a 911 service that automatically delivers 

3 the 911 call to the appropriate public safety an4 swering point, and provides automatic identi5 fication data, including the originating number 

6 of an emergency call, the physical location of 

7 the caller, and the capability for the public safe8 ty answering point to call the user back if the 

9 call is disconnected. 

10 (2) IP-ENABLED VOICE SERVICE.—The term 

11 ‘‘IP-enabled voice service’’ means an IP-enabled 

12 service used for real-time 2-way or multidirectional 

13 voice communications offered to a customer that— 

14 (A) uses North American Numbering Plan 

15 administered telephone numbers, or successor 

16 protocol; and 

17 (B) has two-way interconnection or other18 wise exchange traffic with the public switched 

19 telephone network. 

20 (3) CUSTOMER.—The term ‘‘customer’’ includes 

21 a consumer of goods or services whether for a fee, 

22 in exchange for an explicit benefit, or provided for 

23 free. 

24 (4) IP-ENABLED SERVICE.—The term ‘‘IP-en25 abled service’’ means the use of software, hardware, 
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1 or network equipment that enable an end user to 

2 send or receive a communication over the public 

3 Internet or a private network utilizing Internet pro4 tocol, or any successor protocol, in whole or part, to 

5 connect users— 

6 (A) regardless of whether the communica7 tion is voice, data, video, or other form; and 

8 (B) notwithstanding — 

9 (i) the underlying transmission tech10 nology used to transmit the communica11 tions; 

12 (ii) whether the packetizing and 

13 depacketizing of the communications oc14 curs at the customer premise or network 

15 level; or 

16 (iii) the software, hardware, or net17 work equipment used to connect users. 

18 (5) PUBLIC SWITCHED TELEPHONE NET19 WORK.—The term ‘‘public switched telephone net20 work’’ means any switched common carrier service 

21 that is interconnected with the traditional local ex22 change or interexchange switched network. 

23 (6) PSAP.—The term ‘‘public safety answering 

24 point’’ or ‘‘PSAP’’ means a facility that has been 

25 designated to receive 911 calls. 
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1 (b) COMMON TERMINOLOGY.—Except as otherwise 

2 provided in subsection (a), terms used in this Act have 

3 the meanings provided under section 3 of the Communica4 tions Act of 1934.

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