‘‘(2) DEFINITION OF ANTITRUST LAWS.—The term 
‘antitrust laws’ has the meaning given it in subsection (a) 
of the first section of the Clayton Act (15 U.S.C. 12(a)), 
except that such term includes section 5 of the Federal 
Trade Commission Act (15 U.S.C. 45) to the extent that 
such section 5 applies to unfair methods of competition.
‘‘(e) DEFINITION.—For purposes of this section, the 
term ‘Commission’s broadband policy statement’ means 
the policy statement adopted on August 5, 2005, and 
issued on September 23, 2005, In the Matters of Appro-
priate Framework for Broadband Access to the Internet 
over Wireline Facilities, and other Matters (FCC 05–151; 
CC Docket No. 02–33; CC Docket No. 01–337; CC Dock-
et Nos. 95–20, 98–10; GN Docket No. 00–185; CS Dock-
et No. 02–52).’’. 
TITLE III—VOIP/911
SEC. 301. EMERGENCY SERVICES; INTERCONNECTION. 
Title VII of the Communications Act of 1934 (47 
U.S.C. 601 et seq.) is further amended by adding after 
section 715 (as added by section 201 of this Act) the fol-
lowing new sections: 
‘‘SEC. 716. EMERGENCY SERVICES. 
‘‘(a) 911 AND E–911 SERVICES.—
‘‘(1) IN
GENERAL.—Each VOIP service pro-
vider has a duty to ensure that 911 and E–911 serv-
ices are provided to subscribers of VOIP services. 
‘‘(2) USE
OF
EXISTING
REGULATIONS.—A 
VOIP service provider that complies with the Com-
mission’s regulations requiring providers of VOIP 
service to supply 911 and E911 capabilities to their 
customers (Report and Order in WC Docket Nos. 
04–36 and 05–196) and that are in effect on the 
date of enactment of this section shall be considered 
to be in compliance with the requirements of this 
section, other than subsection (c), until such regula-
tions are modified or superseded by subsequent reg-
ulations. 
‘‘(b) NON-DISCRIMINATORY ACCESS TO CAPABILI-
TIES.—
‘‘(1) ACCESS.—Each incumbent local exchange 
carrier (as such term is defined in section 251(h)) 
or government entity with ownership or control of 
the necessary E–911 infrastructure shall provide any 
requesting VOIP service provider with nondiscrim-
inatory access to such infrastructure. Such carrier 
or entity shall provide access to the infrastructure at 
just and reasonable, nondiscriminatory rates, terms, 
and conditions. Such access shall be consistent with
industry standards established by the National 
Emergency Number Association or other applicable 
industry standards organizations. 
‘‘(2) ENFORCEMENT.—The Commission or a 
State commission may enforce the requirements of 
this subsection and the Commission’s regulations 
thereunder. A VOIP service provider may obtain ac-
cess to such infrastructure pursuant to section 717 
by asserting the rights described in such section. 
‘‘(c) NEW CUSTOMERS.—A VOIP service provider 
shall make 911 service available to new customers within 
a reasonable time in accordance with the following require-
ments: 
‘‘(1) CONNECTION
TO
SELECTIVE
ROUTER.—
For all new customers not within the geographic 
areas where a VOIP service provider can imme-
diately provide 911 service to the geographically ap-
propriate PSAP, a VOIP service provider, or its 
third party vendor, shall have no more than 30 days 
from the date the VOIP provider has acquired a cus-
tomer to order service providing connectivity to the 
selective router so that 911 service, or E911 service 
where the PSAP is capable of receiving and proc-
essing such information, can be provided through 
the selective router.
‘‘(2) INTERIM SERVICE.—For all new customers 
not within the geographic areas where the VOIP 
service provider can immediately provide 911 service 
to the geographically appropriate PSAP, a VOIP 
service provider shall provide 911 service through—
‘‘(A) an arrangement mutually agreed to 
by the VOIP service provider and the PSAP or 
PSAP governing authority; or 
‘‘(B) an emergency response center with 
national call routing capabilities. 
Such service shall be provided 24 hours a day from 
the date a VOIP service provider has acquired a cus-
tomer until the VOIP service provider can provide 
911 service to the geographically appropriate PSAP. 
‘‘(3) NOTICE.—Before providing service to any 
new customer not within the geographic areas where 
the VOIP service provider can immediately provide 
911 service to the geographically appropriate PSAP, 
a VOIP service provider shall provide such customer 
with clear notice that 911 service will be available 
only as described in paragraph (2). 
‘‘(4) RESTRICTION
ON
ACQUISITION
OF
NEW 
CUSTOMERS.—A VOIP service provider may not ac-
quire new customers within a geographic area served 
by a selective router if, within 180 days of first ac-