[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2418 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2418
To promote and enhance public safety and to encourage the rapid
deployment of IP-enabled voice services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2005
Mr. Gordon (for himself, Mr. Shimkus, and Ms. Eshoo) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
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.
This Act may be cited as the ``IP-Enabled Voice Communications and
Public Safety Act of 2005''.
SEC. 2. EMERGENCY SERVICE.
(a) 911 and E-911 Services.--Notwithstanding section 2(b) or any
other provision of the Communications Act of 1934, the Commission shall
prescribe regulations to establish a set of requirements or obligations
on providers of IP-enabled voice service to ensure that 911 and E-911
services are available to customers to IP-enabled voice service. Such
regulations shall include an appropriate transition period by which to
comply with such requirements or obligations and take into
consideration available industry technological and operational
standards, including network security.
(b) Non-Discriminatory Access to Capabilities.--Each entity with
ownership or control of the necessary emergency services infrastructure
shall provide any requesting IP-enabled voice service provider with
nondiscriminatory access to their equipment, network, databases,
interfaces and any other related capabilities necessary for the
delivery and completion of 911 and E911 calls and information related
to such 911 or E911 calls. Such access shall be consistent with
industry standards established by the National Emergency Number
Association or other applicable industry standards organizations. Such
entity shall provide access to the infrastructure at just and
reasonable, nondiscriminatory rates, terms and conditions. The
telecommunications carrier or other entity shall provide such access to
the infrastructure on a stand-alone basis.
(c) State Authority.--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 voice services,
including IP-enabled voice services, of any fee or charge specifically
designated or presented as dedicated by a State, political subdivision
thereof, or Indian tribe on an equitable, and non-discriminatory basis
for the support of 911 and E-911 services if no portion of the revenue
derived from such fee or charge is obligated or expended for any
purpose other than support of 911 and E-911 services or enhancements of
such services.
(d) Standard.--The Commission may establish regulations imposing
requirements or obligations on providers of voice services, entities
with ownership or control of emergency services infrastructure under
subsections (a) and (b) only to the extent that the Commission
determines such regulations are technologically and operationally
feasible.
(e) Customer Notice.--Prior to the compliance with the rules as
required by subsection (a), a provider of an IP-enabled voice service
that is not capable of providing 911 and E-911 services shall provide a
clear and conspicuous notice of the unavailability of such services to
each customer at the time of entering into a contract for such service
with that customer.
(f) Voice Service Provider Responsibility.--An IP-enabled voice
service provider shall have the sole responsibility for the proper
design, operation, and function of the 911 and E911 access capabilities
offered to the provider's customers.
(g) Parity of Protection for Provision or Use of IP-Enabled Voice
Service.--
(1) Provider parity.--If a provider of an IP-enabled voice
service offers 911 or E-911 services in compliance with the
rules required by subsection (a), that provider, its officers,
directors, employees, vendors, and agents, shall have immunity
or other protection from liability of a scope and extent that
is not less than the scope and extent of immunity or other
protection from liability that any local exchange company, and
its officers directors, employees, vendors, or agents, have
under the applicable Federal and State law (whether through
statute, judicial decision, tariffs filed by such local
exchange company, or otherwise), including in connection with
an act or omission involving the release of subscriber
information related to the emergency calls or emergency
services to a public safety answering point, emergency medical
service provider, or emergency dispatch provider, public
safety, fire service, or law enforcement official, or hospital
emergency or trauma care facility.
(2) User parity.--A person using an IP-enabled voice
service that offers 911 or E-911 services pursuant to this
subsection shall have immunity or other protection from
liability of a scope and extent that is not less than the scope
and extent of immunity or other protection from liability under
applicable law in similar circumstances of a person using 911
or E-911 service that is not provided through an IP-enabled
voice service.
(3) PSAP parity.--In matters related to IP-enabled 911 and
E-911 communications, a PSAP, and its employees, vendors,
agents, and authorizing government entity (if any) shall have
immunity or other protection from liability of a scope and
extent that is not less than the scope and extent of immunity
or other protection from liability under applicable law
accorded to such PSAP, employees, vendors, agents, and
authorizing government entity, respective, in matters related
to 911 or E-911 communications that are not provided via an IP-
enabled voice service.
(h) Delegation Permitted.--The Commission may, in the regulations
prescribed under this section, provide for the delegation to State
commissions of authority to implement and enforce the requirements of
this section and the regulations thereunder.
SEC. 3. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.
Section 158 of the National Telecommunications and Information
Administration Organization Act (as added by section 104 of the ENHANCE
911 Act of 2004) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(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 ENHANCE 911 Act of 2004, 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; and
``(E) provide recommendations on any legislative
changes, including updating definitions, to facilitate
a national IP-enabled emergency network.
``(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.''.
SEC. 4. DEFINITIONS.
(a) In General.--For purposes of this Act:
(1) 911 and e-911 services.--
(A) 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.
(B) E-911.--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.
(2) IP-enabled voice service.--The term ``IP-enabled voice
service'' means an IP-enabled service used for real-time 2-way
or multidirectional voice communications offered to a customer
that--
(A) uses North American Numbering Plan administered
telephone numbers, or successor protocol; and
(B) has two-way interconnection or otherwise
exchange traffic with the public switched telephone
network.
(3) Customer.--The term ``customer'' includes a consumer of
goods or services whether for a fee, in exchange for an
explicit benefit, or provided for free.
(4) IP-enabled service.--The term ``IP-enabled service''
means the use of software, hardware, or network equipment that
enable an end user to send or receive a communication over the
public Internet or a private network utilizing Internet
protocol, or any successor protocol, in whole or part, to
connect users--
(A) regardless of whether the communication is
voice, data, video, or other form; and
(B) notwithstanding --
(i) the underlying transmission technology
used to transmit the communications;
(ii) whether the packetizing and
depacketizing of the communications occurs at
the customer premise or network level; or
(iii) the software, hardware, or network
equipment used to connect users.
(5) Public switched telephone network.--The term ``public
switched telephone network'' means any switched common carrier
service that is interconnected with the traditional local
exchange or interexchange switched network.
(6) PSAP.--The term ``public safety answering point'' or
``PSAP'' means a facility that has been designated to receive
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.
<all>