S 1063 RS, "IP-Enabled Voice Communications and Public Safety Act of 2005", 11/2/2005.

S 1063 RS, the "IP-Enabled Voice Communications and Public Safety Act of 2005", as reported by the Senate Commerce Committee on November 2, 2005.

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A BILL

To promote and enhance public safety and to encourage the rapid deployment of IP-enabled voice services.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.---This Act may be cited as the ‘‘IP-Enabled Voice Communications and Public Safety Act of 2005’’.

(b) TABLE OF CONTENTS.---The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Emergency service.
Sec. 3. Enforcement.
Sec. 4. Migration to IP-enabled emergency network.
Sec. 5. Definitions.

SEC. 2. EMERGENCY SERVICE.

(a) 911 AND E–911 SERVICES.---

(1) IN GENERAL.---The Federal Communications Commission shall review the requirements established in its Report and Order in WC Docket Nos. 04–36 and 05–196 and shall, within 120 days after the date of enactment of this Act, revise its regulations as may be necessary, or promulgate such additional regulations as may be necessary, to establish requirements that are technologically and operationally feasible for providers of IP-enabled voice service to ensure that 911 and E–911 services are available to subscribers to IP-enabled voice services.

(2) CONTENT.---In the regulations prescribed under paragraph (1), the Commission shall include an appropriate transition period for compliance with those requirements that takes into consideration---

(A) available industry technology and operational standards;

(B) network security; and

(3) DELEGATION OF ENFORCEMENT TO STATE COMMISSIONS.---The Commission may delegate authority to enforce the rules and regulations issued under this Act to State commissions or other State agencies or programs with jurisdiction over emergency communications.

(4) EFFECTIVE DATE.---The regulations prescribed under paragraph (1) may not take effect earlier than 90 days after the date on which the Commission issues a final rule under that paragraph.

(b) ACCESS TO 911 COMPONENTS.---Within 90 days after the date of enactment of this Act, the Commission shall issue regulations regarding access by IP-enabled voice service providers to 911 components that permit any IP-enabled voice service provider to elect to be treated as a commercial mobile service provider for the purpose of access to any 911 component, except that the regulations issued under this subsection may take into account any technical or network security issues that are specific to IP-enabled voice services.

(c) STATE AUTHORITY OVER FEES.---Nothing in this Act, the Communications Act of 1934, or any Commission regulation or order shall prevent the imposition on, or collection from, a provider of IP-enabled voice services of any fee or charge specifically designated by a State, political subdivision thereof, or Indian tribe for the support of 911 or E–911 services if that fee or charge---

(1) does not exceed the amount of any such fee or charge imposed on or collected from a provider of telecommunications services; and

(2) is obligated or expended in support of 911 and E–911 services, or enhancements of such services, or other emergency communications services as specified in the provision of State or local law adopting the fee or charge.

(d) GRANDFATHERING OF CURRENT IP-ENABLED VOICE SERVICE SUBSCRIBERS.---

(1) IN GENERAL.---A provider of IP-enabled voice service may continue to provide service to each subscriber who subscribed to that service as of December 31, 2005, to whom notice has been given in accordance with the requirements of the Commission’s Report and Order in WC Docket Nos. 04–36 and 05–196 if---

(A) the provider has received an acknowledgement in writing or by electronic means by the subscriber of receipt of the notice; or

(B) the provider continues to give clear and conspicuous notice of the unavailability of 911 or E–911 service, or either service, in billing statements or their equivalent sent to the subscriber.

(2) CONTINUED SERVICE.---The Commission may not require a provider of IP-enabled voice service to terminate service to a subscriber described in paragraph (1) as long as the provider is in compliance with the requirements of that paragraph and the regulations prescribed under this subsection.

(3) REPORTING REQUIREMENT.---A provider of IP-enabled voice service that continues to provide service under paragraphs (1) and (2) shall file a report with the Commission every 6 months detailing its efforts to identify and implement a 911 or E–911 solution or both.

(4) COMPLIANCE WITH REGARD TO NEW SUBSCRIBERS.---Nothing in this subsection shall be construed to authorize a provider of IP-enabled voice service to add subscribers to such service after December 31, 2005, if the provider is not in compliance with the Commission’s 911 and E–911 regulations for IP-enabled voice service providers.

(e) TECHNICAL AND OPERATIONAL FEASIBILITY.---

(1) SPECIAL WAIVERS.---The Commission shall waive the 911 and E–911 requirements contained in the Commission’s Report and Order in WC Docket Nos. 04–36 and 05–196, together with any regulations promulgated under subsection (a), for a provider of IP-enabled voice service if---

(A) the provider gives a separate, clear, and conspicuous notice to its subscribers that it does not offer 911 service, E–911 service, or either service, as the case may be, to its IP-enabled voice service subscribers;

(B) the subscriber separately acknowledges receipt of that notice in writing or by electronic means; and

(C) the provider demonstrates that it is not technically or operationally feasible for its IP-enabled voice service to comply with those 911 and E–911 requirements, which may include technical and operational feasibility relative to its portable or nomadic IP-enabled voice service.

(2) PRESUMPTION.---A provider of IP-enabled voice service shall be presumed to have complied with the requirements of subparagraphs (A) and (B) of paragraph (1) with respect to subscribers whose subscriptions commenced before the date of enactment of this Act if the provider has met the subscriber acknowledgement requirements in the Commission’s Report and Order in WC Docket Nos. 04–36 and 05–196 with respect to 90 percent of those subscribers.

(3) TERM OF WAIVER.---The Commission may not grant a waiver under paragraph (1) for a period of more than 12 months at a time.

(4) GEOGRAPHIC LIMITATION.---The Commission may limit any waiver issued under paragraph (1) by geographic area if the Commission finds such a limitation is in the public interest.

(5) 45-DAY RULE.---The Commission shall grant or deny a waiver under paragraph (1) within 45 days after it receives a complete waiver request from a provider of IP-enabled voice service. If the Commission fails to act within 45 days then the waiver shall be deemed granted.

(6) SUNSET OF WAIVER AUTHORITY.---The Commission may not grant a waiver under paragraph (1) more than 48 months after the date of enactment of this Act.

(f) PARITY OF PROTECTION FOR PROVISION OR USE OF IP-ENABLED VOICE SERVICE.---A provider or user of IP-enabled voice services, a PSAP, and the officers, directors, employees, vendors, agents, and authorizing government entity (if any) of such provider, user, or PSAP, shall have the same scope and extent of immunity and other protection from liability under Federal and State law with respect to---

(1) the release of subscriber information related to emergency calls or emergency services,

(2) the use or provision of 911 and E–911 services, and

(3) other matters related to 911 and E–911 services, as section 4 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) provides to wireless carriers, PSAPs, and users of wireless 9–1–1 service (as defined in paragraphs (4), (3), and (6), respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect to such release, use, and other matters.

(g) LIMITATION ON COMMISSION.---Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard.

SEC. 3. ENFORCEMENT.

The Commission shall enforce this Act, and any regulation promulgated under this Act, under the Communications Act of 1934 (47 U.S.C. 151 et seq.) as if this Act were a part of that Act. For purposes of this section any violation of this Act, or any regulation promulgated under this Act, is deemed to be a violation of the Communications Act of 1934.

SEC. 4. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

(a) IN GENERAL.---Section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942) is amended---

(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;

(2) by inserting after subsection (c) the following:

‘‘(d) MIGRATION PLAN REQUIRED.---

‘‘(1) NATIONAL PLAN REQUIRED.---No more than 18 months after the date of the enactment of the IP-Enabled Voice Communications and Public Safety Act of 2005, 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 communications.

‘‘(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) include a proposed timetable, an outline of costs and potential savings;

‘‘(D) provide specific legislative language, if necessary, for achieving the plan;

‘‘(E) provide recommendations on any legislative changes, including updating definitions, to facilitate a national IP-enabled emergency network; and

‘‘(F) assess, collect, and analyze the experiences of the PSAPs and related public safety authorities who are conducting trial deployments of IP-enabled emergency networks as of the date of enactment of the IP-Enabled Voice Communications and Public Safety Act of 2005.

‘‘(3) CONSULTATION.—In developing the plan required by paragraph (1), the Office shall consult with representatives of the public safety community, technology and telecommunications providers, and others it deems appropriate.’’; and

(3) by striking ‘‘services’’ in subsection (b)(1) and inserting ‘‘services, and, upon completion of development of the national plan for migrating to a national IP-enabled emergency network under subsection (d), for migration to an IP-enabled emergency network.’’.

(b) REPORT ON PSAPS.---

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Commission shall---

(A) compile a list of all known public safety answering points, including such contact information regarding public safety answering points as the Commission determines appropriate;

(B) organize such list by county, town, township, parish, village, hamlet, or other general purpose political subdivision of a State; and

(i) to the public, on the Internet website of the Commission---

(I) the 10 digit telephone number of those public safety answering points appearing on such list; and

(II) a statement explicitly warning the public that such telephone numbers are not intended for emergency purposes and as such may not be answered at all times; and

(ii) to public safety answering points all contact information compiled by the Commission.

(2) CONTINUING DUTY.---The Commission shall continue---

(A) to update the list made available to the public described in paragraph (1)(C); and

(B) to improve for the benefit of the public the accessibility, use, and organization of such list.

(3) PSAPS REQUIRED TO COMPLY.---Each public safety answering point shall provide all requested contact information to the Commission as requested.

(1) IN GENERAL.---Not later than 180 days after the date of enactment of this Act, the Commission shall---

(A) compile a list of selective routers, including the contact information of the owners of such routers;

(B) organize such list by county, town, township, parish, village, hamlet, or other general purpose political subdivision of a State; and

(C) make such list available to providers of telecommunications service and to providers of IP-enabled voice service who are seeking to provide E-911 service to their subscribers.

SEC. 5. DEFINITIONS.

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

(1) 911.---The term ‘‘911’’ means a service that allows a user, by dialing the three-digit code 911, to call a public safety answering point operated by a State, local government, Indian tribe, or authorized entity.

(2) 911 COMPONENT.---The term ‘‘911 component’’ means any equipment, network, databases (including automatic location information databases and master street address guides), interface, selective router, trunkline, or other related facility necessary for the delivery and completion of 911 or E–911 calls and information related to such calls to which the Commission requires access pursuant to its rules and regulations.

(3) E–911 SERVICE.---The term ‘‘E–911 service’’ means a 911 service that automatically delivers the 911 call to the appropriate public safety answering point, and provides automatic identification data, including the originating number of an emergency call, the physical location of the caller, and the capability for the public safety answering point to call the user back if the call is disconnected.

(4) IP-ENABLED VOICE SERVICE.---The term ‘‘IP-enabled voice service’’ means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with 2-way interconnection capability such that the service can originate traffic to, and terminate traffic from, the public switched telephone network.

(5) PSAP.---The term ‘‘public safety answering point’’ or ‘‘PSAP’’ means a facility that has been desgnated to receive 911 or E–911 calls.

(b) COMMON TERMINOLOGY.---Except as otherwise provided in subsection (a), terms used in this Act have the meanings provided under section 3 of the Communications Act of 1934.