In the Senate of the United States,
June 16, 2008.
Resolved, That the bill from the House of Representa-
tives (H.R. 3403) entitled ‘‘An Act to promote and enhance
public safety by facilitating the rapid deployment of IP-en-
abled 911 and E–911 services, encourage the Nation’s transi-
tion to a national IP-enabled emergency network, and im-
prove 911 and E–911 access to those with disabilities.’’, do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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’’.
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HR 3403 EAS
TITLE I—911 SERVICES AND IP–
ENABLED 
VOICE 
SERVICE
PROVIDERS
SEC. 101. DUTY TO PROVIDE 911 AND ENHANCED 911 SERV-
ICE.
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 en-
hanced 9–1–1 service to its subscribers in accordance with
the requirements of the Federal Communications Commis-
sion, 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 PRO-
VIDERS.—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 capa-
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HR 3403 EAS
charges, and including findings on the amount of rev-
enues 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 speci-
fied.
‘‘(g) AVAILABILITY
OF PSAP INFORMATION.—The
Commission may compile a list of public safety answering
point contact information, contact information for pro-
viders of selective routers, testing procedures, classes and
types of services supported by public safety answering
points, and other information concerning 9–1–1 and en-
hanced 9–1–1 elements, for the purpose of assisting IP-en-
abled voice service providers in complying with this section,
and may make any portion of such information available
to telecommunications carriers, wireless carriers, IP-en-
abled voice service providers, other emergency service pro-
viders, or the vendors to or agents of any such carriers or
providers, if such availability would improve public safety.
‘‘(h) DEVELOPMENT OF STANDARDS.—The Commis-
sion shall work cooperatively with public safety organiza-
tions, industry participants, and the E–911 Implementa-
tion Coordination Office to develop best practices that pro-
mote consistency, where appropriate, including procedures
for—
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‘‘(1) defining geographic coverage areas for pub-
lic 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 up-
dating location information in relevant databases;
and
‘‘(6) the format for delivering address informa-
tion to public safety answering points.
‘‘(i) RULE OF CONSTRUCTION.—Nothing in the New
and Emerging Technologies 911 Improvement Act of 2008
shall be construed as altering, delaying, or otherwise lim-
iting 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 Emerg-
ing 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:
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‘‘(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 regula-
tions (47 CFR 9.3).’’.
SEC. 102. MIGRATION TO IP-ENABLED EMERGENCY NET-
WORK.
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 respond-
ing to all citizen-activated emergency communications
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and improving information sharing among all emer-
gency 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 over-
come and funding mechanisms to address those
barriers;
‘‘(C) provide specific mechanisms for ensur-
ing the IP-enabled emergency network is avail-
able in every community and is coordinated on
a local, regional, and statewide basis;
‘‘(D) identify location technology for no-
madic devices and for office buildings and multi-
dwelling units;
‘‘(E) include a proposed timetable, an out-
line of costs, and potential savings;
‘‘(F) provide specific legislative language, if
necessary, for achieving the plan;
‘‘(G) provide recommendations on any legis-
lative changes, including updating definitions,
that are necessary to facilitate a national IP-en-
abled emergency network;
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‘‘(H) assess, collect, and analyze the experi-
ences of the public safety answering points and
related public safety authorities who are con-
ducting trial deployments of IP-enabled emer-
gency networks as of the date of enactment of the
New and Emerging Technologies 911 Improve-
ment Act of 2008;
‘‘(I) identify solutions for providing 9–1–1
and enhanced 9–1–1 access to those with disabil-
ities and needed steps to implement such solu-
tions, including a recommended timeline; and
‘‘(J) analyze efforts to provide automatic lo-
cation 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 re-
quired 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 serv-
ice providers, Telecommunications Relay Service pro-
viders, and other emergency communications pro-
viders and others it deems appropriate.’’.
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TITLE II—PARITY OF
PROTECTION
SEC. 201. LIABILITY.
(a) AMENDMENTS.—Section 4 of the Wireless Commu-
nications 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 SERV-
ICE.’’ in the section heading and inserting ‘‘SERV-
ICE PROVIDER PARITY OF PROTECTION.’’;
(2) in subsection (a)—
(A) by striking ‘‘wireless carrier,’’ and in-
serting ‘‘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 emer-
gency services’’ and inserting ‘‘emergency calls,
emergency services, or other emergency commu-
nications services’’;
(3) in subsection (b)—
(A) by striking ‘‘using wireless 9–1–1 serv-
ice shall’’ and inserting ‘‘using wireless 9–1–1
service, or making 9–1–1 communications via
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IP-enabled voice service or other emergency com-
munications 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 com-
munications service’’; and
(4) in subsection (c)—
(A) by striking ‘‘wireless 9–1–1 communica-
tions, a PSAP’’ and inserting ‘‘9–1–1 commu-
nications 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 serv-
ice, IP-enabled voice service, or other emergency
communications service’’.
(b) DEFINITION.—Section 7 of the Wireless Commu-
nications 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:
‘‘(8) 
OTHER
EMERGENCY
COMMUNICATIONS
SERVICE.—The term ‘other emergency communica-
tions service’ means the provision of emergency infor-
mation to a public safety answering point via wire
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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 com-
munications 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 Communica-
tions Act of 1934 to provide other emergency
communications services; or
‘‘(B) in the absence of a Commission re-
quirement as described in subparagraph (A), an
entity that voluntarily elects to provide other
emergency communications services and is spe-
cifically authorized by the appropriate local or
State 9–1–1 service governing authority to pro-
vide other emergency communications services.
‘‘(10) ENHANCED 9–1–1 SERVICE.—The term ‘en-
hanced 9–1–1 service’ means the delivery of 9–1–1
calls with automatic number identification and auto-
matic location identification, or successor or equiva-
lent information features over the wireline E911 net-
work (as defined in section 9.3 of the Federal Com-
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munications 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 PRO-
VIDE 
CUSTOMER 
INFORMA-
TION FOR 911 PURPOSES
SEC. 301. AUTHORITY TO PROVIDE CUSTOMER INFORMA-
TION.
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), by inserting ‘‘or a provider
of IP-enabled voice service (as such term is defined in
section 7 of the Wireless Communications and Public
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Safety Act of 1999 (47 U.S.C. 615b))’’ after ‘‘tele-
phone exchange service’’.
Attest:
Secretary.