H. R. 3403 
One Hundred Tenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and eight 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress 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. 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 Improve-
ment 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—
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‘‘(1) 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 regula-
tions 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 capabili-
ties shall be available at the same rates, terms, and condi-
tions as would apply if such capabilities were made avail-
able to a commercial mobile service provider; 
‘‘(2) 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 govern-
ment 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, respec-
tively. 
‘‘(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
H. R. 3403—3 
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 telecommuni-
cations services. 
‘‘(2) FEE ACCOUNTABILITY REPORT.—To ensure efficiency, 
transparency, and accountability in the collection and expendi-
ture 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 Com-
merce, Science and Transportation of the Senate and the Com-
mittee on Energy and Commerce of the House of Representa-
tives 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 speci-
fied. 
‘‘(g) AVAILABILITY
OF PSAP INFORMATION.—The Commission 
may compile a list of public safety answering point contact informa-
tion, 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 telecommuni-
cations carriers, wireless carriers, IP-enabled voice service pro-
viders, other emergency service providers, or the vendors to or 
agents of any such carriers or providers, if such availability would 
improve public safety. 
‘‘(h) DEVELOPMENT OF STANDARDS.—The Commission shall work 
cooperatively with public safety organizations, industry partici-
pants, 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 loca-
tion information in relevant databases; and 
‘‘(6) the format for delivering address information to public 
safety answering points.
H. R. 3403—4 
‘‘(i) RULE
OF
CONSTRUCTION.—Nothing in the New and 
Emerging Technologies 911 Improvement Act of 2008 shall be con-
strued 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 Informa-
tion 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 sub-
section: 
‘‘(d) MIGRATION PLAN REQUIRED.— 
‘‘(1) NATIONAL PLAN REQUIRED.—No more than 270 days 
after the date of enactment of the New and Emerging Tech-
nologies 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 communica-
tions 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 commu-
nity 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
H. R. 3403—5 
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 pro-
viders 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 ‘‘wire-
less 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:
H. R. 3403—6 
‘‘(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
PRO-
VIDER.—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 Commis-
sion 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 Commu-
nications 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 suc-
cessor 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 Communica-
tions 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
H. R. 3403—7 
(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’’. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.