VoIP Public Safety Act On Its Way To The House

Telecom Policy Report, March 10, 2008

The U.S. Senate gave the nod to the "IP-Enabled Voice Communications and Public Safety Act (S.428)," with two key provisions authored by Sen. Ted Stevens (R-Alaska), vice chairman of the Senate Commerce, Science and Transportation Committee. It now goes to the House for consideration.

S.428 would amend the Wireless Communications and Public Safety Act of 1999 to impose on IP-enabled voice service providers engaged in interstate or foreign communication a requirement to provide 911 service, including E911 service, to its subscribers. The bill is sponsored by Sen. Bill Nelson (D-Fla.) and co-sponsored by presidential hopeful Hillary Clinton (D-N.Y.), Frank Lautenberg (D-N.J.) and Olympia Snowe (R-Maine)

If signed into law, the measure would require Internet telephone companies to offer enhanced 911 (E911) services to all subscribers. This legislation helps ensure that those Americans using Voice-over Internet Protocol (VoIP) services can dial 911 during an emergency.

The two Stevens amendments were adopted last year by the Commerce Committee. The first gives the Federal Communications Commission (FCC) the authority it needs to fold 911 requirements into new phone services as they evolve, without requiring congressional intervention for each new technological evolution.

The second addresses future IP-based 911 networks. According to Stevens, 50 percent of U.S. counties don't have enhanced 911 capabilities. To help ensure all communities can take advantage of next-gen 911 networks, the amendment requires a study to identify mechanisms and timetables for developing next-gen 911 ubiquitously. The study also would be required to incorporate altitude information and identify technical solutions to address multi-story buildings because identifying just the building address isn't enough.

In a nutshell, here's what the bill (now waiting for committee assignment in the House) proposes:

>>Requires the FCC to issue regulations granting IP-enabled voice service providers right of access to 911 components that are necessary to provide 911 service on the same rates, terms, and conditions that are provided to commercial wireless providers. Requires the providers to establish a point of contact for public safety and government officials relative to 9-1-1 service and access. Authorizes the FCC to delegate enforcement authority to state agencies or programs with emergency communications jurisdiction. It also authorizes the FCC to require service providers using wire or radio communication to provide 911 service, including E911 service.

>>Requires that, when IP-enabled voice service or alternative emergency communications service is involved, there be parity in liability for service carriers, users and public safety answering points (PSAPs). Defines "alternative emergency communications service" as the provision of emergency information to a PSAP via wire or radio communications, possibly including 911 and E911 services.

>>Declares that nothing in this Act, the Communications Act of 1934, the Wireless Communications and Public Safety Act of 1999 or any FCC regulation or order prevents states, their subdivisions, or Indian tribes from imposing a fee on or collecting a fee from IP-enabled voice services to support 911 or E911 services.

>>Requires the FCC to report annually to Senate and House committees on the status in each state of the collection and distribution of 911 fees.

>>Amends the National Telecommunications and Information Administration Organization Act to require the E911 Implementation Coordination Office to develop a national plan for migrating to a national IP-enabled emergency network. Requires, after plan completion, grants for migration to such a network. Authorizes the FCC to compile a list of PSAP contact information, selective router contact information or other information on necessary 911 components to assist providers in complying with this paragraph. Allows the FCC to make any part of that information available to the public to improve public safety. Requires the FCC to work cooperatively with public-safety organizations, industry participants, and the E911 Implementation Coordination Office to develop best practices that promote consistency.

>>Requires the FCC to enforce the Wireless Communications and Public Safety Act of 1999 as if that Act was part of the Communications Act of 1934, with any violation of this act the same as a violation of the Communications Act of 1934.

>>Sets deadlines for the FCC to remit all amounts promised for the completion of an update to the Report on Technical and Operational Issues Impacting the Provision of Wireless Enhanced 9-1-1 Services, and the filing of related written findings.

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