II 

Calendar No. 327 

110TH CONGRESS 

1ST SESSION S. 428 

[Report No. 110–142] 

To amend the Wireless Communications and Public Safety Act of 1999, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2007 

Mr. NELSON of Florida (for himself, Ms. SNOWE, Mrs. CLINTON, and Mr. 

LAUTENBERG) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

AUGUST 3, 2007 

Reported by Mr. INOUYE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Wireless Communications and Public Safety 

Act of 1999, and for other purposes. 

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 2007’’. 

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1 SEC. 2. DUTY TO PROVIDE 911 AND E–911 SERVICE. 

2 (a) IN GENERAL.—The Wireless Communications 

3 and Public Safety Act of 1999 (47 U.S.C. 615 et seq.) 

4 is amended by adding at the end the following: 

5 ‘‘SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS. 

6 ‘‘(a) IN GENERAL.—It shall be the duty of every IP7 enabled voice service provider engaged in interstate or for8 eign communication to provide 9–1–1 service, including 

9 enhanced 9–1–1 service, to its subscribers in accordance 

10 with the orders of the Commission. 

11 ‘‘(b) ACCESS TO 911 COMPONENTS.— 

12 ‘‘(1) REGULATIONS.—Within 90 days after the 

13 date of enactment of the IP-Enabled Voice Commu14 nications and Public Safety Act of 2007, the Com15 mission shall issue regulations granting IP-enabled 

16 voice service providers rights of access to 911 com17 ponents that are comparable to the rights of access 

18 to 911 components granted to commercial mobile 

19 service providers. In promulgating the regulations, 

20 the Commission shall take into account any technical 

21 or network security issues that are specific to IP-en22 abled voice services. 

23 ‘‘(2) DELEGATION OF ENFORCEMENT TO STATE

24 COMMISSIONS.—The Commission may delegate au25 thority to enforce the regulations issued under para26 graph (1) to State commissions or other State agenmstockstill on PROD1PC66 with BILLS

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1 cies or programs with jurisdiction over emergency 

2 communications. 

3 ‘‘(c) SAVINGS CLAUSE.—Nothing in the IP-Enabled 

4 Voice Communications and Public Safety Act of 2007 

5 shall be construed as repealing or otherwise altering, 

6 modifying, affecting, or superseding Federal regulations 

7 obligating an IP-enabled voice service provider to provide 

8 9–1–1 service or enhanced 9–1–1 service.’’. 

9 (b) DEFINITIONS.—Section 6 of the Wireless Com10 munications and Public Safety Act of 1999 (47 U.S.C. 

11 615b) is amended by adding at the end thereof the fol12 lowing: 

13 ‘‘(8) IP-ENABLED VOICE SERVICE.—The term 

14 ‘IP-enabled voice service’ means a service that— 

15 ‘‘(A) enables real-time, 2-way voice com16 munications; 

17 ‘‘(B) requires a broadband connection from 

18 the user’s location; 

19 ‘‘(C) requires Internet protocol-compatible 

20 customer premises equipment; and 

21 ‘‘(D) permits users generally to receive 

22 calls that originate on the public switched tele23 phone networks and to terminate calls to the 

24 public switched telephone network. 

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1 ‘‘(9) IP-ENABLED 9–1–1 SERVICE.—The term 

2 ‘IP-enabled 9–1–1 service’ means any 9–1–1 service 

3 provided by an IP-enabled voice service provider, in4 cluding enhanced IP-enabled 9–1–1 service. 

5 ‘‘(10) ENHANCED IP-ENABLED 9–1–1 SERV6 ICE.—The term ‘enhanced IP-enabled 9–1–1 service’ 

7 means any enhanced 9–1–1 service so designated by 

8 the Federal Communications Commission in its Re9 port and Order in WC Docket Nos. 04–36 and 05– 

10 196, or any successor proceeding. 

11 ‘‘(11) 911 COMPONENT.—The term ‘911 com12 ponent’ means any equipment, network, databases 

13 (including automatic location information databases 

14 and master street address guides), interface, selec15 tive router, trunkline, or other related facility nec16 essary for the delivery and completion of 911 or E– 

17 911 calls and information related to such calls to 

18 which the Commission requires access pursuant to 

19 its rules and regulations.’’. 

20 SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE 

21 OF IP-ENABLED VOICE SERVICE. 

22 Section 4 of the Wireless Communications and Public 

23 Safety Act of 1999 (47 U.S.C. 615a) is amended— 

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1 (1) by striking ‘‘carrier,’’ in subsection (a) and 

2 inserting ‘‘carrier or an IP-enabled voice service pro3 vider,’’; 

4 (2) by striking ‘‘its’’ the first place it appears 

5 in subsection (a) and inserting ‘‘their’’; 

6 (3) by striking ‘‘service shall’’ in subsection (b) 

7 and inserting ‘‘service, or IP-enabled voice service, 

8 shall’’; 

9 (4) by striking ‘‘wireless.’’ in subsection (b) and 

10 inserting ‘‘wireless or IP-enabled.’’; 

11 (5) by striking ‘‘communications,’’ in subsection 

12 (c) and inserting ‘‘communications or IP-enabled 

13 voice service communications,’’; and 

14 (6) by striking ‘‘wireless.’’ in subsection (c) and 

15 inserting ‘‘wireless or IP-enabled.’’. 

16 SEC. 4. STATE AUTHORITY OVER FEES. 

17 Nothing in this Act, the Communications Act of 1934 

18 (47 U.S.C. 151 et seq.), the Wireless Communications and 

19 Public Safety Act of 1999 (47 U.S.C. 615a), or any Fed20 eral Communications Commission regulation or order shall 

21 prevent the imposition on, or collection from, a provider 

22 of IP-enabled voice services of any fee or charge specifi23 cally designated by a State, political subdivision thereof, 

24 or Indian tribe for the support of 911 or E–911 services 

25 if that fee or charge— 

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1 (1) does not exceed the amount of any such fee 

2 or charge imposed on or collected from a provider of 

3 telecommunications services; and 

4 (2) is obligated or expended in support of 911 

5 and E–911 services, or enhancements of such serv6 ices, or other emergency communications services as 

7 specified in the provision of State or local law adopt8 ing the fee or charge. 

9 SEC. 5. MIGRATION TO IP-ENABLED EMERGENCY NET10 WORK. 

11 (a) IN GENERAL.—Section 158 of the National Tele12 communications and Information Administration Organi13 zation Act (47 U.S.C. 942) is amended— 

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

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

16 (2) by inserting after subsection (c) the fol17 lowing: 

18 ‘‘(d) MIGRATION PLAN REQUIRED.— 

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

20 than 180 days after the date of the enactment of the 

21 IP-Enabled Voice Communications and Public Safe22 ty Act of 2007, the Office shall develop and report 

23 to Congress on a national plan for migrating to a 

24 national IP-enabled emergency network capable of 

25 receiving and responding to all citizen activated 

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1 emergency communications and improving informa2 tion sharing among all emergency response entities. 

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

4 by paragraph (1) shall— 

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

6 a migration; 

7 ‘‘(B) identify barriers that must be over8 come and funding mechanisms to address those 

9 barriers; 

10 ‘‘(C) include a proposed timetable, an out11 line of costs and potential savings; 

12 ‘‘(D) provide specific legislative language, 

13 if necessary, for achieving the plan; 

14 ‘‘(E) provide recommendations on any leg15 islative changes, including updating definitions, 

16 to facilitate a national IP-enabled emergency 

17 network; 

18 ‘‘(F) assess, collect, and analyze the expe19 riences of the PSAPs and related public safety 

20 authorities who are conducting trial deploy21 ments of IP-enabled emergency networks as of 

22 the date of enactment of the IP-Enabled Voice 

23 Communications and Public Safety Act of 

24 2007; and 

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1 ‘‘(G) document solutions that a national 

2 IP-enabled emergency network will provide for 

3 9–1–1 access to those with disabilities. 

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

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

6 with representatives of the public safety community, 

7 groups representing those with disabilities, tech8 nology and telecommunications providers, and others 

9 it deems appropriate.’’; and 

10 (3) by striking ‘‘services.’’ in subsection (b)(1) 

11 and inserting ‘‘services, and, upon completion of de12 velopment of the national plan for migrating to a 

13 national IP-enabled emergency network under sub14 section (d), for migration to an IP-enabled emer15 gency network.’’. 

16 (b) AVAILABILITY OF PSAP INFORMATION.—The 

17 Federal Communications Commission may compile a list 

18 of public safety answering point contact information, test19 ing procedures, and classes and types of services sup20 ported by public safety answering points, or other infor21 mation concerning necessary 911 components, for the pur22 pose of assisting providers in complying with this section, 

23 and may make any portion of such information available 

24 to the public if such availability would improve public safe25 ty. 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘IP-Enabled Voice Com3 munications and Public Safety Act of 2007’’. 

4 SEC. 2. DUTY TO PROVIDE 9–1–1 AND E–9–1–1 SERVICE. 

5 (a) IN GENERAL.—The Wireless Communications and 

6 Public Safety Act of 1999 (47 U.S.C. 615 et seq.) is amend7 ed by adding at the end the following: 

8 ‘‘SEC. 7. IP-ENABLED VOICE SERVICE PROVIDERS. 

9 ‘‘(a) IN GENERAL.—It shall be the duty of every IP10 enabled voice service provider engaged in interstate or for11 eign communication to provide 9–1–1 service, including en12 hanced 9–1–1 service, to its subscribers in accordance with 

13 orders of the Commission in effect on the date of enactment 

14 of the IP-Enabled Voice Communications and Public Safety 

15 Act of 2007, as such orders may be modified by the Commis16 sion from time to time. 

17 ‘‘(b) ACCESS TO 9–1–1 COMPONENTS.— 

18 ‘‘(1) REGULATIONS.—Within 90 days after the 

19 date of enactment of the IP-Enabled Voice Commu20 nications and Public Safety Act of 2007, the Commis21 sion shall issue regulations granting IP-enabled voice 

22 service providers right of access to 9–1–1 components 

23 that are necessary to provide 9–1–1 service, on the 

24 same rates, terms, and conditions that are provided 

25 to commercial mobile service providers. In promul26 gating the regulations, the Commission shall take into 

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1 account any technical, network security, or informa2 tion privacy issues that are specific to IP-enabled 

3 voice services, including the security of 9–1–1 net4 works. The Commission shall require IP-enabled voice 

5 service providers to which the regulations apply to 

6 register with the Commission and to establish a point 

7 of contact for public safety and government officials 

8 relative to 9–1–1 service and access. 

9 ‘‘(2) DELEGATION OF ENFORCEMENT TO STATE

10 COMMISSIONS.—The Commission may delegate au11 thority to enforce the regulations issued under para12 graph (1) to State commissions or other State agen13 cies or programs with jurisdiction over emergency 

14 communications. 

15 ‘‘(c) SAVINGS CLAUSE.—Nothing in the IP-Enabled 

16 Voice Communications and Public Safety Act of 2007 shall 

17 be construed as repealing or otherwise altering, modifying, 

18 affecting, or superseding Federal regulations obligating an 

19 IP-enabled voice service provider to provide 9–1–1 service 

20 or enhanced 9–1–1 service. 

21 ‘‘(d) LIMITATION ON COMMISSION.—Nothing in this 

22 section shall be construed to permit the Commission to issue 

23 regulations that require or impose a specific technology or 

24 technological standard. 

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1 ‘‘(e) FCC AUTHORITY TO REQUIRE 9–1–1 SERVICE.— 

2 The Federal Communications Commission is authorized to 

3 require other providers of communications services using 

4 wire or radio communication in interstate or foreign com5 merce to provide 9–1–1 service, including enhanced 9–1– 

6 1 service, to users for the purpose of promoting safety of 

7 life and property.’’. 

8 (b) DEFINITIONS.—Section 6 of the Wireless Commu9 nications and Public Safety Act of 1999 (47 U.S.C. 615b) 

10 is amended by adding at the end thereof the following: 

11 ‘‘(8) IP-ENABLED VOICE SERVICE.—The term 

12 ‘IP-enabled voice service’ has the meaning given that 

13 term by section 9.3 of the Commission’s regulations 

14 (47 C.F.R. 9.3), as those regulations may be amended 

15 by the Commission from time to time. 

16 ‘‘(9) IP-ENABLED 9–1–1 SERVICE.—The term 

17 ‘IP-enabled 9–1–1 service’ means any 9–1–1 service 

18 provided by an IP-enabled voice service provider, in19 cluding enhanced IP-enabled 9–1–1 service. 

20 ‘‘(10) ENHANCED IP-ENABLED 9–1–1 SERVICE.— 

21 The term ‘enhanced IP-enabled 9–1–1 service’ means 

22 any enhanced 9–1–1 service so designated by the Fed23 eral Communications Commission in its Report and 

24 Order in WC Docket Nos. 04–36 and 05–196, or any 

25 successor proceeding. 

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1 ‘‘(11) 9–1–1 COMPONENT.—The term ‘9–1–1 

2 component’ means any equipment, network, databases 

3 (including automatic location information databases 

4 and master street address guides), interface, selective 

5 router, trunkline, non-dialable p-ANI’s, or other re6 lated facility necessary for the delivery and comple7 tion of 9–1–1 or E–9–1–1 calls and information re8 lated to such calls, as determined by the Commis9 sion.’’. 

10 SEC. 3. PARITY OF PROTECTION FOR PROVISION OR USE OF 

11 IP-ENABLED VOICE SERVICE. 

12 (a) IN GENERAL.—Section 4 of the Wireless Commu13 nications and Public Safety Act of 1999 (47 U.S.C. 615a) 

14 is amended— 

15 (1) by striking ‘‘carrier,’’ in subsection (a) and 

16 inserting ‘‘carrier, IP-enabled voice service provider, 

17 or alternative emergency communications service pro18 vider,’’; 

19 (2) by striking ‘‘its’’ the first place it appears in 

20 subsection (a) and inserting ‘‘their’’; 

21 (3) by striking ‘‘emergency calls or emergency 

22 services.’’ in subsection (a) and inserting ‘‘emergency 

23 calls, emergency services, or alternative emergency 

24 communications services.’’; 

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1 (4) by striking ‘‘service shall’’ in subsection (b) 

2 and inserting ‘‘service, or IP-enabled voice service, 

3 shall’’; 

4 (5) by striking ‘‘wireless.’’ in subsection (b) and 

5 inserting ‘‘wireless, IP-enabled, or alternative emer6 gency communications.’’; 

7 (6) by striking ‘‘communications,’’ in subsection 

8 (c) and inserting ‘‘communications, IP-enabled voice 

9 service communications, or alternative emergency 

10 communications,’’; and 

11 (7) by striking ‘‘wireless.’’ in subsection (c) and 

12 inserting ‘‘wireless, IP-enabled, or alternative emer13 gency communications.’’. 

14 (b) DEFINITIONS.—Section 6 of the Wireless Commu15 nications and Public Safety Act of 1999 (47 U.S.C. 615b), 

16 as amended by section 2(b), is further amended by adding 

17 at the end thereof the following: 

18 ‘‘(12) ALTERNATIVE EMERGENCY COMMUNICA19 TIONS SERVICE.—The term ‘alternative emergency 

20 communications service’ means the provision of emer21 gency information to a public safety answering point 

22 via wire or radio communications, and may include 

23 9–1–1 and enhanced 9–1–1 Services. 

24 ‘‘(13) ALTERNATIVE EMERGENCY COMMUNICA25 TIONS SERVICE PROVIDER.—The term ‘alternative 

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1 emergency communications service provider’ means 

2 an entity other than a local exchange carrier, wireless 

3 carrier, or an IP-enabled voice service provider that 

4 is required by the Commission or, in the absence of 

5 any such requirement, is specifically authorized by 

6 the appropriate local or State 9–1–1 governing au7 thority, to provide alternative emergency communica8 tions services.’’. 

9 SEC. 4. STATE AUTHORITY OF FEES. 

10 Nothing in this Act, the Communications Act of 1934 

11 (47 U.S.C. 151 et seq.), the Wireless Communications and 

12 Public Safety Act of 1999 (47 U.S.C. 615a), or any Federal 

13 Communications Commission regulation or order shall pre14 vent the imposition on, or collection by, a provider of IP15 enabled voice services or commercial mobile service, of any 

16 fee or charge specifically designated by a State, political 

17 subdivision thereof, or Indian tribe for the support of 9– 

18 1–1 or E 099–1–1 services if that fee or charge— 

19 (1) for IP-enabled voice services, does not exceed 

20 the amount of any such fee or charge imposed on or 

21 collected by a provider of telecommunications services; 

22 and 

23 (2) is obligated or expended in support of 9–1– 

24 1 and E 099–1–1 services, or enhancements of such 

25 services, or other emergency communications services 

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1 as specified in the provision of State or local law 

2 adopting the fee or charge. 

3 SEC. 5. FEE ACCOUNTABILITY. 

4 To ensure efficiency, transparency, and accountability 

5 in the collection and expenditure of 9–1–1 fees, the Federal 

6 Communications Commission shall submit a report within 

7 1 year after the date of enactment of this Act, and annually 

8 thereafter, to the Senate Committee on Commerce, Science, 

9 and Transportation and the House of Representatives Com10 mittee on Energy and Commerce detailing the status in 

11 each State of the collection and distribution of 9–1–1 fees 

12 and include findings on the amount of revenues obligated 

13 or expended by each State or political subdivision thereof 

14 for any purpose other than the purpose for which any fee 

15 or charges are presented. 

16 SEC. 6. MIGRATION TO IP-ENABLED EMERGENCY NETWORK. 

17 (a) IN GENERAL.—Section 158 of the National Tele18 communications and Information Administration Organi19 zation Act (47 U.S.C. 942) is amended— 

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

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

22 (2) by inserting after subsection (c) the fol23 lowing: 

24 ‘‘(d) MIGRATION PLAN REQUIRED.— 

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

2 270 days after the date of the enactment of the IP3 Enabled Voice Communications and Public Safety 

4 Act of 2007, the Office shall develop and report to 

5 Congress on a national plan for migrating to a na6 tional IP-enabled emergency network capable of re7 ceiving and responding to all citizen activated emer8 gency communications and improving information 

9 sharing among all emergency response entities. 

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

11 paragraph (1) shall— 

12 ‘‘(A) outline the potential benefits of such a 

13 migration; 

14 ‘‘(B) identify barriers that must be over15 come and funding mechanisms to address those 

16 barriers; 

17 ‘‘(C) provide specific mechanisms for ensur18 ing the IP-enabled emergency network is avail19 able in every community and is coordinated on 

20 a local, regional, and Statewide basis; 

21 ‘‘(D) identify location technology for no22 madic devices and for office buildings and multi23 dwelling units; 

24 ‘‘(E) include a proposed timetable, an out25 line of costs and potential savings; 

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1 ‘‘(F) provide specific legislative language, if 

2 necessary, for achieving the plan; 

3 ‘‘(G) provide recommendations on any legis4 lative changes, including updating definitions, to 

5 facilitate a national IP-enabled emergency net6 work; 

7 ‘‘(H) assess, collect, and analyze the experi8 ences of the PSAPs and related public safety au9 thorities who are conducting trial deployments of 

10 IP-enabled emergency networks as of the date of 

11 enactment of the IP-Enabled Voice Communica12 tions and Public Safety Act of 2007; 

13 ‘‘(I) document solutions that a national IP14 enabled emergency network will provide for 9–1– 

15 1 access to those with disabilities and needed 

16 steps to implement such solutions, including a 

17 recommended timeline for such implementation; 

18 and 

19 ‘‘(J) analyze technologies and efforts to pro20 vide automatic location capabilities and provide 

21 recommendations on needed regulatory or legisla22 tive changes necessary to implement automatic 

23 location solutions for 9–1–1 purposes. 

24 ‘‘(3) CONSULTATION.—In developing the plan re25 quired by paragraph (1), the Office shall consult with 

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1 representatives of the public safety community, groups 

2 representing those with disabilities, technology and 

3 telecommunications providers, and others it deems 

4 appropriate.’’; and 

5 (3) by striking ‘‘services.’’ in subsection (b)(1) 

6 and inserting ‘‘services, and for migration to an IP7 enabled emergency network.’’. 

8 (b) AVAILABILITY OF PSAP INFORMATION.—The Fed9 eral Communications Commission may compile a list of 

10 public safety answering point contact information, testing 

11 procedures, classes and types of services supported by public 

12 safety answering points, selective router contact informa13 tion, or other information concerning necessary 9–1–1 com14 ponents, for the purpose of assisting providers in complying 

15 with this section, and may make any portion of such infor16 mation available to the public if such availability would 

17 improve public safety. 

18 (c) DEVELOPMENT OF STANDARDS.—The Federal 

19 Communications Commission shall work cooperatively with 

20 public safety organizations, industry participants, and the 

21 E–9–1–1 Implementation Coordination Office to develop 

22 best practices that promote consistency, where appropriate, 

23 including procedures for— 

24 (1) defining geographic coverage areas for Public 

25 Safety Answering Points; 

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1 (2) defining network diversity requirements for 

2 delivery of IP-enabled 9–1–1 calls; 

3 (3) call-handling in the event of call overflow or 

4 network outages; 

5 (4) Public Safety Answering Point certification 

6 and testing requirements; 

7 (5) validation procedures for inputting and up8 dating location information in relevant databases; 

9 and 

10 (6) the format for delivering address information 

11 to Public Safety Answering Points. 

12 SEC. 7. ENFORCEMENT. 

13 The Commission shall enforce the Wireless Commu14 nications and Public Safety Act of 1999 (47 U.S.C. 615a) 

15 as if that Act were part of the Communications Act of 1934. 

16 For purposes of this section, any violation of the Wireless 

17 Communications and Public Safety Act of 1999 (47 U.S.C. 

18 615a), or any regulation promulgated under that Act, is 

19 deemed to be a violation of the Communications Act of 1934 

20 or a regulation promulgated under the Communications Act 

21 of 1934, respectively. 

22 SEC. 8. COMPLETION OF THE HATFIELD REPORT. 

23 (a) IN GENERAL.—Not later than 30 days after the 

24 date of enactment of this Act, the Federal Communications 

25 Commission shall remit all amounts promised for the commstockstill on PROD1PC66 with BILLS

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1 pletion of an update to the Report on Technical and Oper2 ational Issues Impacting the Provision of Wireless En3 hanced 9–1–1 Services by Dale N. Hatfield filed at the 

4 Commission on October 15, 2002, in WT Docket No. 02- 

5 46. 

6 (b) SUBMISSION OF REPORT.—Mr. Hatfield shall sub7 mit his written findings as of May 1, 2006, to the Federal 

8 Communications Commission not later than 60 days after 

9 receiving the payment described in subsection (a). 

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Calendar No. 327 

110TH CONGRESS 

1ST SESSION S. 428 

[Report No. 110

–142] 

A BILL 

To amend the Wireless Communications and Public 

Safety Act of 1999, and for other purposes. 

AUGUST 3, 2007 

Reported with an amendment 

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