H. Rept. 105-768 - 105th Congress (1997-1998)
October 02, 1998, As Reported by the Commerce Committee

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House Report 105-768 - WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1998




[House Report 105-768]
[From the U.S. Government Printing Office]



105th Congress                                            Rept. 105-768
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part 1
_______________________________________________________________________


 
         WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1998

                                _______
                                

                October 2, 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                        [To accompany H.R. 3844]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Commerce, to whom was referred the bill 
(H.R. 3844) to promote and enhance public safety through use of 
9-1-1 as the universal emergency assistance number, further 
deployment of wireless 9-1-1 service, support of States in 
upgrading 9-1-1 capabilities and related functions, 
encouragement of construction and operation of seamless, 
ubiquitous and reliable networks for personal wireless 
services, and ensuring access to Federal Government property 
for such networks, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.


                                CONTENTS
                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     9
Background and Need for Legislation..............................    10
Hearings.........................................................    12
Committee Consideration..........................................    13
Rollcall Votes...................................................    13
Committee Oversight Findings.....................................    13
Committee on Government Reform and Oversight.....................    13
New Budget Authority, Entitlement Authority, and Tax Expenditures    13
Committee Cost Estimate..........................................    14
Congressional Budget Office Estimate.............................    14
Federal Mandates Statement.......................................    18
Advisory Committee Statement.....................................    18
Constitutional Authority Statement...............................    19
Applicability to Legislative Branch..............................    19
Committee Correspondence.........................................    19
Section-by-Section Analysis of the Legislation...................    26
Changes in Existing Law Made by the Bill, as Reported............    33

    The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Wireless Communications and Public 
Safety Act of 1998''.

SEC. 2. FINDINGS AND PURPOSE.

  (a) Findings.--The Congress finds that--
          (1) the establishment and maintenance of an end-to-end 
        communications infrastructure among members of the public, 
        emergency safety, fire service and law enforcement officials, 
        and hospital emergency and trauma care facilities will reduce 
        response times for the delivery of emergency care, assist in 
        delivering appropriate care, and thereby prevent fatalities, 
        substantially reduce the severity and extent of injuries, 
        reduce time lost from work, and save thousands of lives and 
        billions of dollars in health care costs;
          (2) the rapid, efficient deployment of emergency 
        telecommunications service requires statewide coordination of 
        the efforts of local public safety, fire service and law 
        enforcement officials, the establishment of sources of adequate 
        funding for carrier and public safety, fire service and law 
        enforcement agency technology development and deployment, and 
        the designation of 911 as the number to call in emergencies 
        throughout the Nation;
          (3) emerging technologies such as automatic crash 
        notification systems can be a critical component of the end-to-
        end communications infrastructure connecting the public with 
        emergency medical service providers and emergency dispatch 
        providers, public safety, fire service and law enforcement 
        officials, and hospital emergency and trauma care facilities, 
        to reduce emergency response times and provide appropriate 
        care;
          (4) improved public safety remains an important public health 
        objective of Federal, State, and local governments and 
        substantially facilitates interstate and foreign commerce;
          (5) the benefits of wireless communications in emergencies 
        will be enhanced by--
                  (A) the establishment of a program to improve safety 
                through grants to States to develop integrated enhanced 
                wireless 911 services and to support State programs to 
                address risks to the safety of members of the public 
                from driving under the influence of alcohol or illegal 
                drugs, driving aggressively, or other driving behavior 
                that poses a risk to such safety; and
                  (B) investments in research on and development of 
                automatic crash notification and related matters;
          (6) emergency care systems, particularly in rural areas of 
        the Nation, will improve with the enabling of prompt 
        notification of emergency services when motor vehicle crashes 
        occur; and
          (7) the construction and operation of seamless, ubiquitous, 
        and reliable wireless telecommunications systems promote public 
        safety and provide immediate and critical communications links 
        among members of the public, emergency medical service 
        providers and emergency dispatch providers, public safety, fire 
        service and law enforcement officials, and hospital emergency 
        and trauma care facilities.
  (b) Purpose.--The purpose of this Act is to encourage and facilitate 
the prompt deployment throughout the United States of a seamless, 
ubiquitous, and reliable end-to-end infrastructure for communications, 
including wireless communications, to meet the Nation's public safety 
and other communications needs.

SEC. 3. UNIVERSAL EMERGENCY TELEPHONE NUMBER.

  Section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) 
is amended by adding at the end the following new paragraph:
          ``(3) Universal emergency telephone number.--The Commission 
        and any agency or entity to which the Commission has delegated 
        authority under this subsection shall designate 911 as the 
        universal emergency telephone number within the United States 
        for reporting an emergency to appropriate authorities and 
        requesting assistance. Such designation shall apply to both 
        wireline and wireless telephone service. In making such 
        designation, the Commission (and any such agency or entity) 
        shall provide appropriate transition periods for areas in which 
        911 is not in use as an emergency telephone number on the date 
        of enactment of the Wireless Communications and Public Safety 
        Act of 1998.''.

SEC. 4. WIRELESS COMMUNICATIONS AND PUBLIC SAFETY FUND.

  (a) Establishment of the WICAPS Fund.--There is hereby established in 
the Treasury a fund to be known as the Wireless Communications and 
Public Safety Fund.
  (b) Administration of the WICAPS Fund.--The Secretary of Treasury 
shall administer the WICAPS Fund in accordance with this Act.
  (c) Investment and Retention of Earnings.--It shall be the duty of 
the Secretary of the Treasury to invest such portion of the WICAPS Fund 
as is not, in the Secretary of the Treasury's judgment, required to 
meet current withdrawals. Such investments may be made only in 
interest-bearing obligations of the United States. The interest on, and 
the proceeds from the sale or redemption of, any obligationsheld in the 
WICAPS Fund shall be credited to and form a part of the WICAPS Fund.

SEC. 5. ASSISTANCE TO STATES.

  (a) Population-Based Matching Grants To Implement State Plans.--
          (1) In general.--From the amounts available under section 
        11(d)(1), the Secretary shall make grants to States in 
        accordance with the requirements of this subsection.
          (2) State plans.--Any State seeking to obtain a grant under 
        this subsection shall submit to the Secretary a plan for the 
        administration of the grant. Such plan shall--
                  (A) contain a certification by the Governor or the 
                Governor's designee that the State--
                          (i) will implement the designation of 911 as 
                        a universal emergency telephone number in such 
                        State for reporting an emergency to appropriate 
                        authorities and requesting assistance;
                          (ii) has in place policies to encourage 
                        members of the public to report significant 
                        risks to the safety of members of the traveling 
                        public, such as incidents of driving under the 
                        influence of alcohol or illegal drugs, driving 
                        aggressively, or other driving behavior that 
                        poses a risk to such safety;
                          (iii) will make significant efforts to 
                        minimize, such as through youth and adult 
                        driver education, driving behavior that poses a 
                        risk to the safety of members of the public;
                          (iv) will provide from non-Federal sources 
                        for carrying out the purposes of the grant an 
                        amount equal to not less than one-fourth of the 
                        amount of the grant, and will not provide such 
                        required amount from any surcharge or tax on 
                        wireless carriers or subscribers; and
                          (v) has consulted in the development of the 
                        plan, and will consult in the implementation of 
                        the plan, with State and local officials 
                        responsible for emergency services and public 
                        safety, the telecommunications industry 
                        (specifically including the cellular and other 
                        wireless telecommunications elements of the 
                        industry), the motor vehicle manufacturing 
                        industry, emergency medical service providers 
                        and emergency dispatch providers, special 911 
                        districts, public safety, fire service and law 
                        enforcement officials, consumer groups, and 
                        hospital emergency and trauma care personnel 
                        (including emergency physicians, trauma 
                        surgeons, and nurses);
                  (B) provide for coordination on a statewide basis, by 
                an entity designated by the Governor of the State, of 
                deployment and functioning of a comprehensive end-to-
                end emergency communications system, including enhanced 
                wireless 911 service;
                  (C) contain a description of the mechanisms used in 
                the State for wireless carrier recovery of costs 
                related to the provision of automatic numbering 
                identification and call location services in response 
                to a request from a PSAP;
                  (D) describe the activities to be undertaken with the 
                grant to achieve the purposes set forth in paragraph 
                (4);
                  (E) identify any entity that will be used to 
                administer the grant in accordance with subsection (c);
                  (F) provide such assurances as the Secretary may 
                require that the grant funds will be used to implement 
                the plan consistent with the provisions of this Act.
          (3) Allocation of grants on the basis of population.--
                  (A) In general.--The Secretary shall allocate the 
                amount available under section 11(d)(1) for any fiscal 
                year among States submitting plans in accordance with 
                paragraph (2) for such fiscal year. The amount of each 
                such grant shall be equal to the amount that bears the 
                same ratio to the amount available under section 
                11(d)(1) for such fiscal year as the population of each 
                State bears to the total population of the States 
                submitting such plans, as determined in the most recent 
                decennial census of the United States.
                  (B) Reallocation of unmatched amounts.--If any 
                amounts remain unallocated because one or more States 
                provide a smaller matching amount under paragraph 
                (2)(A)(iv) than is required to obtain the full grant 
                amount under subparagraph (A) of this paragraph, the 
                Secretary shall reallocate such remaining amounts among 
                the other States (meeting such matching amount) in 
                proportion to the amounts allocated under subparagraph 
                (A).
          (4) Use of funds.--Funds made available by a grant under this 
        subsection may be used for any one or more of the following 
        purposes:
                  (A) payment of costs associated with acquisition, 
                upgrade, or modification of equipment to be used by 
                units of States or of political subdivisions thereof 
                (including PSAPs) for receipt of enhanced wireless 911 
                service information; and
                  (B) emergency prevention, educational, or pre-
                hospital emergency medical programs or expenditures 
                which will utilize or make effective the end-to-end 
                system envisioned by this Act.
  (b) Rural Assistance Grants to States.--
          (1) In general.--From the amounts available under section 
        11(d)(2), the Secretary shall make grants to States in 
        accordance with the requirements of this subsection to assist 
        in ensuring the achievement of the purpose of this Act in rural 
        areas of the United States.
          (2) State plans.--Any State seeking to obtain a grant under 
        this subsection shall submit to the Secretary a plan for the 
        administration of the grant. Such plan shall comply with the 
        requirements set forth in subsection (a)(2).
          (3) Amount of grants.--The amount of the grant under this 
        subsection shall be such amount as the Secretary deems 
        appropriate to assist in ensuring the achievement of the 
        purpose of this Act in rural areas of the State.
          (4) Use of funds.--Funds made available by a grant under this 
        subsection may be used for any of the purposes set forth in 
        subsection (a)(4).
  (c) Disbursement of Grant Funds.--
          (1) Direct or indirect disbursement permitted.--A State that 
        receives a grant under this section may--
                  (A) directly administer funds provided by a grant 
                under subsection (a) or (b) (or both); or
                  (B) administer such funds through governmental 
                entities of that State, political subdivisions of that 
                State or entities thereof, or eligible nongovernmental 
                entities, if--
                          (i) the system with which the entity or 
                        subdivision is associated uses the number 911 
                        as a universal emergency telephone number; or
                          (ii) a purpose of the disbursements is to 
                        enable such system to use the number 911 as a 
                        universal emergency telephone number.
          (2) Eligible nongovernmental entities.--For purposes of 
        paragraph (1), an eligible nongovermental entity is an entity 
        that provides public safety services or administrative services 
        on behalf of a State government.
  (d) Dual Grants Permitted.--A State may, in any fiscal year, obtain a 
grant under either or both of subsections (a) and (b).

SEC. 6. RESEARCH AND DEVELOPMENT ON CRASH INFORMATION SYSTEMS.

  (a) Program Authorized.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish a program to 
provide, from amounts appropriated from the WICAPS Fund under section 
11(b)(1), investments in research and development of--
          (1) an end-to-end automatic crash notification system that, 
        in the event of a crash of a motor vehicle, would automatically 
        use a wireless telephone or other communications system in that 
        vehicle to transmit information about the crash to the 
        appropriate emergency personnel; and
          (2) an interface in motor vehicles that permits all models of 
        wireless telephones--
                  (A) to transmit crash data; and
                  (B) to be voice-activated, allowing hands-free use.
  (b) Consultation with Interested Parties.--The Secretary shall 
consult with representatives of the personal wireless services and 
equipment industry, the motor vehicle manufacturing industry, the 
public safety community, and the medical community in planning the 
research and development investments described in subsection (a).
  (c) Use of Funds.--
          (1) Authorized uses.--The investments for which subsection 
        (a)(1) provides shall include investments conducted by trauma 
        centers in coordination with other providers of emergency 
        medical services for the purpose of--
                  (A) establishing decision protocols for the use of 
                data obtained from such systems;
                  (B) training emergency personnel in the use of such 
                data;
                  (C) establishing standardized methods to assess the 
                added value of an end-to-end automatic crash 
                notification system and to identify the factors causing 
                changes in injury patterns of motor vehicle crashes; 
                and
                  (D) developing models for incorporating the use of 
                such data into emergency systems throughout the United 
                States.
          (2) Geographic distribution.--The centers for which paragraph 
        (1) provides shall reflect a cross section of the geographic 
        diversity, population characteristics, and climatic features of 
        the United States.

SEC. 7. RADIOFREQUENCY STUDY.--

  (a) Findings.--The Congress finds that--
          (1) there is a significant international body of scientific 
        knowledge on electromagnetic energy and wireless telephones;
          (2) the United States should add to this body of knowledge 
        through the conduct of appropriate research that is coordinated 
        with other international research efforts; and
          (3) representatives of the scientific community and the 
        industry can provide information and expertise that would be 
        valuable to the research authorized by this subsection.
  (b) Study.--
          (1) In general.--Subject to the availability of 
        appropriations pursuant to section 11(b)(2), the Food and Drug 
        Administration shall conduct a 2-year animal bioassay of 
        radiofrequency emissions from wireless telephones operating on 
        frequencies between 825 and 1900 megahertz, inclusive.
          (2) Coordination and Principles.--To the maximum extent 
        practicable, the study described in paragraph (1) shall--
                  (A) be consistent with the global research needs on 
                such matters as set forth by the International 
                Electromagnetic Frequency Project of the World Health 
                Organization; and
                  (B)(i) be scientifically objective;
                  (ii) provide a careful analysis of the weight of the 
                evidence; and
                  (iii) provide a description of the results of such 
                research that, based upon the weight of scientific 
                evidence as found in the study, characterizes such 
                findings in a scientifically objective, impartial 
                manner, neither minimizing nor exaggerating risks to 
                human health.
  (c) Advisory panel.--The Commissioner of the Food and Drug 
Administration shall, after consultation with the Center for Devices 
and Radiological Health and representatives of the scientific community 
and the wireless industry, designate a panel of scientific and industry 
experts to advise the Food and Drug Administration, on an ongoing 
basis, on the preparation, conduct, and evaluation of the study 
described in subsection (b)(1). Such panel shall provide advice on--
          (1) the scope of the investigation;
          (2) the appropriate transmission modalities to be studied;
          (3) dosimetry techniques and measurements;
          (4) other relevant scientific studies;
          (5) engineering and properties of radiofrequency 
        transmissions from wireless telephones; and
          (6) other matters relevant to such study.
  (d) Attendance at meetings.--Subject to the availability of funds 
appropriated pursuant to section 11(b)(2), the Food and Drug 
Administration may use such funds to provide for attendance by Food and 
Drug Administration personnel at scientific symposia and other meetings 
related to the subject matter of the study described in subsection 
(b)(1), including such meetings convened under the auspices of the 
International Electromagnetic Frequency Project of the World Health 
Organization, to ensure full participation by the United States in the 
international research in such matters.

SEC. 8. EMERGENCY SERVICES SUPPORT FROM USE OF FEDERAL PROPERTY.

  Section 704 of the Telecommunications Act of 1996 is amended by 
inserting after subsection (c) (47 U.S.C. 332 nt) the following new 
subsection:
  ``(d) Use of Federal Property to Provide Personal Wireless 
Services.--
          ``(1) Policy.--It is the policy of the United States to 
        encourage rapid construction and expansion of the wireless 
        communications infrastructure in the United States and, to that 
        end, to make the real property of the United States Government 
        available to the maximum extent practicable for the siting of 
        facilities that are part of that infrastructure.
          ``(2) Availability of federal property for personal wireless 
        services.--Not later than 60 days after a department, agency, 
        officer, or instrumentality of the United States with control 
        of real property (including rights-of-way and easements) owned 
        by the United States receives a request containing the 
        information set forth in paragraph (5) from a provider of 
        personal wireless services for access to and use of such real 
        property for siting of facilities used inproviding such 
services, the department, agency, officer, or instrumentality shall 
make that real property available on a fair, reasonable, and 
nondiscriminatory basis and at not more than a reasonable fee (which 
shall in no event exceed fair market value), to the provider for that 
purpose, unless and to the extent that the head of the department, 
agency, officer, or instrumentality determines and notifies the 
provider prior to the expiration of that 60-day period that making such 
real property available will present an unavoidable direct conflict 
with--
                  ``(A) the mission of the department, agency, or 
                instrumentality; or
                  ``(B) the current use of the real property or the use 
                of the real property that was planned at the time of 
                the request.
          ``(3) Favorable decision.--Unless the department, agency, 
        officer, or instrumentality determines pursuant to paragraph 
        (2) that an unavoidable conflict exists (as described in such 
        paragraph), such department, agency, officer, or 
        instrumentality shall, within 90 days after the date of the 
        receipt of the request under paragraph (2), execute any 
        documents, such as a lease, that are necessary to implement the 
        request.
          ``(4) Unfavorable decision.--With regard to a request under 
        paragraph (2), a department, agency, officer, or 
        instrumentality shall not make a determination that an 
        unavoidable conflict exists (as described in such paragraph) 
        unless--
                  ``(A) an opportunity for an informal hearing is 
                afforded to interested persons commencing within 60 
                days, and concluding within 90 days, after receipt of 
                the request and prior to the making of the 
                determination;
                  ``(B) the determination is in writing, constitutes a 
                final agency action, and discloses the specific grounds 
                therefor.
          ``(5) Information required in request for access to and use 
        of federal property.--A request by a provider of personal 
        wireless services under paragraph (2) shall contain the 
        following information:
                  ``(A) The name, address and telephone number of the 
                provider and the provider's authorized or legal 
                representative for the request.
                  ``(B) Site-specific identification of the real 
                property to which access is requested, such as a 
                specific building name and address or site latitude and 
                longitude.
                  ``(C) The type and size of antenna installation and 
                support required for the provider's proposed wireless 
                site, including access to the site, utility 
                requirements, acreage of land, or foot-pound capacity 
                for rooftops, and any special site modification 
                requirements.
                  ``(D) A summary of antenna specifications, including 
                frequencies.
                  ``(E) The term of the requirement for use of the real 
                property.
                  ``(F) The terms of removal of the equipment and 
                structures or property restoration.
                  ``(G) A description of any project or larger antenna 
                program to which the site relates.
                  ``(H) A description of methods of achieving 
                compliance with any applicable environmental or 
                historic preservation statutes.
          ``(6) Judicial review.--A provider of personal wireless 
        services adversely affected by a final action or failure to act 
        by a department, agency, officer, or instrumentality concerning 
        a request under paragraph (2) (including any decision relating 
        to a fair, reasonable, and nondiscriminatory basis for access 
        and use or what constitutes a reasonable fee) may obtain 
        judicial review of the action or failure to act in accordance 
        with the provisions of chapter 7 of title 5 of the United 
        States Code, except that the burden shall be on the department, 
        agency, officer, or instrumentality to sustain its action.
          ``(7) Regulatory compliance.--A request under paragraph (2) 
        and the access to and use of real property pursuant to this 
        subsection shall be subject to environmental processing only 
        under subpart I of part 1 of title 47 of the Code of Federal 
        Regulations.
          ``(8) Avoidance of redundant regulations.--Bulletins issued 
        by the Administrator of General Services pursuant to subsection 
        (c) of this section shall continue to apply, to the extent 
        otherwise consistent with this subsection, to the 
        administration of this subsection until modified or superseded 
        by the Administrator as necessary for the purposes of this 
        subsection.
          ``(9) Definitions.--As used in this subsection:
                  ``(A) The term `instrumentality of the United States' 
                includes any independent establishment of the United 
                States.
                  ``(B) The term `personal wireless services' has the 
                meaning specified for that term in section 
                332(c)(7)(C)(i) of the Communications Act of 1934 (47 
                U.S.C. 332(c)(7)(C)(i)).
                  ``(C) Facilities used in the provision of personal 
                wireless services are the antenna and supporting 
                equipment, including ground-based electronics connected 
                to such equipment, for the provision of such 
                service.''.

SEC. 9. PARITY OF PROTECTION FOR PROVISION OR USE OF WIRELESS SERVICE.

  (a) Provider Parity.--A wireless carrier, and 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 in 
a particular jurisdiction that a local exchange company, and its 
officers, directors, employees, vendors, or agents, have under Federal 
and State law applicable in such jurisdiction with respect to wireline 
services, including in connection with an act or omission involving--
          (1) development, design, installation, operation, 
        maintenance, performance, or provision of wireless service;
          (2) transmission errors, failures, network outages, or other 
        technical difficulties that may arise in the course of 
        transmitting or handling emergency calls or providing emergency 
        services (including wireless 911 service); and
          (3) release to a PSAP, emergency medical service provider or 
        emergency dispatch provider, public safety, fire service or law 
        enforcement official, or hospital emergency or trauma care 
        facility of subscriber information related to emergency calls 
        or emergency services involving use of wireless services.
  (b) User Parity.--A person using wireless 911 service shall have 
immunity or other protection from liability in a particular 
jurisdiction of a scope and extent that is not less than the scope and 
extent of immunity or other protection from liability under Federal or 
State law applicable in such jurisdiction in similar circumstances of a 
person using 911 service that is not wireless.
  (c) Exception for State Legislative Action.--The immunity or other 
protection from liability required by subsection (a)(1) shall not apply 
in any State that, prior to the expiration of 2 years after the date of 
enactment of this Act, enacts a statute that specifically refers to 
this section and establishes a different standard of immunity or other 
protection from liability with respect to an act or omission involving 
development, design, installation, operation, maintenance, performance, 
or provision of wireless service (other than wireless 911 service). The 
enactment of such a State statute shall not affect the immunity or 
other protection from liability required by such subsection (a)(1) with 
respect to acts or omissions occurring before the date of enactment of 
such State statute.

SEC. 10. AUTHORITY TO PROVIDE LOCATION INFORMATION.

  Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is 
amended--
          (1) in subsection (d)--
                  (A) by striking ``or'' at the end of paragraph (2);
                  (B) by striking the period at the end of paragraph 
                (3) and inserting a semicolon;
                  (C) by adding at the end the following new paragraph:
          ``(4) to provide call location information concerning the 
        user of a commercial mobile service (as such term is defined in 
        section 332(d)) 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, in order to respond to the 
        user's call for emergency services; or to inform the user's 
        legal guardian or members of the user's immediate family of the 
        user's location in an emergency situation that involves the 
        risk of death or serious physical harm; and
          ``(5) to transmit automatic crash notification information as 
        part of the operation of an automatic crash notification 
        system.'';
          (2) by redesignating subsection (f) as subsection (g) and by 
        inserting before such subsection the following new subsection:
  ``(f) Authority to Use Wireless Location Information.--For purposes 
of subsection (c)(1), without the express prior authorization of the 
customer, a customer shall not be considered to have approved the use, 
disclosure, or access to--
          ``(1) call location information concerning the user of a 
        commercial mobile service (as such term is defined in section 
        332(d)) to any person other than--
                  ``(A) 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, in order to respond to the user's call 
                for emergency services; or
                  ``(B) to inform the user's legal guardian or members 
                of the user's immediate family of the user's location 
                in an emergency situation that involves the risk of 
                death or serious physical harm; or
          ``(2) automatic crash notification information to any person 
        other than for use in the operation of an automatic crash 
        notification system.''; and
          (3) in subsection (g) (as redesignated by paragraph (2)), by 
        inserting ``location,'' after ``destination,''.

SEC. 11. AUTHORIZATIONS OF APPROPRIATIONS AND DISPOSITION OF FEES.

  (a) Authorization of Appropriations for Administration of the Act.--
There are authorized to be appropriated in any fiscal year to the 
Department of Transportation such sums as may be necessary to carry out 
the duties of the Secretary under this Act (other than the duties for 
which subsections (b) and (c) authorize appropriations), and such sums 
may be derived by transfer from the WICAPS Fund to the extent provided 
in appropriations Acts.
  (b) Authorization of Appropriations From the WICAPS Fund for 
Research.--
          (1) Authorization of appropriations for research and 
        development.--There is authorized to be appropriated to the 
        Department of Transportation in any fiscal year from the WICAPS 
        Fund, for the purpose of making investments under section 6, an 
        amount not to exceed 25 percent of the amount appropriated for 
        that fiscal year pursuant to subsection (c). The total amount 
        that is authorized to be appropriated pursuant to this 
        subsection for all such fiscal years shall not exceed 
        $60,000,000.
          (2) Authorization of appropriations for study.--There is 
        authorized to be appropriated to the Food and Drug 
        Administration from the WICAPS Fund for the purpose of 
        implementing this section 7 in each of fiscal years 1999, 2000, 
        2001, 2002, and 2003, the lesser of--
                  (A) 5 percent of the amount appropriated for the 
                WICAPS Fund for that fiscal year pursuant to subsection 
                (c); or
                  (B) $2,000,000.
  (c) Authorization of Appropriations From the WICAPS Fund for Making 
Grants.--There are authorized to be appropriated in any fiscal year 
from the WICAPS Fund, for the purpose of making grants under section 5, 
such sums as the WICAPS fund may contain after deduction of the amounts 
appropriated pursuant to subsections (a) and (b).
  (d) Allocation of Appropriations for Grants.--In any fiscal year--
          (1) \2/3\ of the funds appropriated pursuant to subsection 
        (c) shall be available for grants pursuant to section 5(a); and
          (2) \1/3\ of the funds so appropriated shall be available for 
        grants pursuant to section 5(b).
  (e) Authorization of Appropriations to the WICAPS Fund.--There are 
authorized to be appropriated to the WICAPS Fund in any fiscal year 
such sums as may be necessary to carry out this Act.
  (f) Fiscal Year Availability.--Funds made available pursuant to an 
authorization of appropriations contained in this Act shall be 
available without fiscal year limitation to the extent provided in 
appropriations Acts.
  (g) Disposition of Fees.--
          (1) Subject to paragraph (4), a department, agency, officer 
        or instrumentality of the United States receiving funds which 
        are the reasonable fees to which section 704(d)(2) of the 
        Telecommunications Act of 1996 (as added by section 8) refers--
                  (A) may, without regard to section 3302 of title 31 
                of the United States Code and consistent with such 
                instructions as the Director of the Office of 
                Management and Budget may issue, credit to the 
                appropriations accounts identified in paragraph (2) not 
                to exceed the amount set forth in paragraph (3); and
                  (B) shall remit to the Treasury for deposit in the 
                WICAPS Fund established by section 4 such sums received 
                as reasonable fees as are not credited in accordance 
                with subparagraph (A).
          (2) The appropriations accounts to which paragraph (1)(A) 
        refers are the appropriations accounts the appropriated funds 
        of which the department, agency, officer, or instrumentality 
        would use at the time the crediting occurs to process requests 
        for access to and use of real property for siting of facilities 
        used in providing personal wireless services.
          (3) The amount to which paragraph (1)(A) refers is the amount 
        the department, agency, officer, or instrumentality has 
        obligated after the date of enactment of this Act to process 
        requests for access to and use of real property for siting of 
        facilities used in providing personal wireless services.
          (4) Nothing in this subsection shall impair or affect the 
        authority under a statute other than this Act of a department, 
        agency, officer, or instrumentality to receive and use funds 
        that are not appropriated funds.

SEC. 12. DEFINITIONS.

  As used in this Act:
          (1) The term ``WICAPS Fund'' means the Wireless 
        Communications and Public Safety Fund established by section 4.
          (2) The term ``Secretary'' means the Secretary of 
        Transportation.
          (3) The term ``State'' means any of the several States, the 
        District of Columbia, or any territory or possession of the 
        United States.
          (4) The term ``instrumentality of the United States'' 
        includes any independent establishment of the United States.
          (5) The term ``personal wireless services'' has the meaning 
        specified for that term in section 332(c)(7)(C)(i) of the 
        Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i)).
          (6) The term ``public safety answering point'' or ``PSAP'' 
        means a facility that has been designated to receive emergency 
        calls and route them to emergency service personnel.
          (7) The term ``wireless carrier'' means a provider of 
        commercial mobile services or any other radio communications 
        service that the Federal Communications Commission requires to 
        provide wireless emergency service.
          (8) The term ``enhanced wireless 911 service'' means any 
        enhanced 911 service so designated by the Federal 
        Communications Commission in the proceeding entitled ``Revision 
        of the Commission's Rules to Ensure Compatibility with Enhanced 
        911 Emergency Calling Systems'' (CC Docket No. 94-102; RM-
        8143), or any successor proceeding.
          (9) The term ``wireless 911 service'' means any 911 service 
        provided by a wireless carrier, including enhanced wireless 911 
        service.

                          Purpose and Summary

    H.R. 3844, the Wireless Communications and Public Safety 
Act of 1998, will promote and enhance public safety through the 
use of 911 as the universal emergency assistance number; 
further the deployment of wireless 911 service; support States 
in upgrading 911 capabilities and related functions; encourage 
construction and operation of seamless, ubiquitous and reliable 
networks for personal wireless services; and ensure access to 
Federal government property for such networks. The bill will do 
so by requiring that the Federal Communications Commission (FCC 
or Commission) designate ``911'' as the universal emergency 
telephone number for both wireline and wireless telephone 
calls. The bill will also enhance the provision of wireless 
telephone emergency services by establishing a fund, 
administered by the Department of the Treasury and allocated in 
State grants by the Department of Transportation, to upgrade 
the equipment of ``public safety answering points'' (PSAPs) to 
enable them to receive number and location information with 
wireless emergency telephone calls and to fund emergency 
educational programs.
    The fund would come from both an annual appropriation to 
the Department of Transportation and the profit portion of 
lease fees, credited by Federal agencies, for siting cellular 
antennas and other facilities of personal wireless services 
providers on Federal property. In order to maximize such fund 
resources, and speed the deployment of personal wireless 
services, including wireless 911, the bill provides for a 
streamlined process for Federal property managers to respond to 
a siting request by a personal wireless provider. Finally, to 
encourage the provision of wireless telephone emergency 
services, the bill provides the same degree of protection from 
liability for emergency telephone and other services to 
wireless carriers in each State as provided in that State to a 
wireline carrier.

                  Background and Need for Legislation

    In 1997, nearly 42,000 people were killed in the 6.8 
million motor vehicle crashes reported to police. In addition, 
those crashes resulted in nearly 3.4 million injuries. And 
while deaths from motor vehicle crashes have been declining in 
recent years, deaths at the scene prior to receiving emergency 
medical care have doubled in the past 20 years, totaling more 
than 20,000 per year. For 40 percent of crash fatalities, the 
response time for emergency personnel is 20 minutes or more. In 
urban areas, response times for fatal crashes is often as much 
as 30 minutes; in rural areas it can be as long as 50 minutes. 
Among the most commonly used methods for requesting emergency 
assistance is the use of the 911 service, which permits callers 
to dial the digits 911 to reach public safety personnel.
    The traveling public has responded in a variety of ways to 
these realities. They are driving safer cars and are exercising 
better judgment in their driving behavior. Another way in which 
they are providing themselves with an extra measure of security 
is through the use of wireless phones.
    Today, approximately 65 million Americans subscribe to 
cellular or other personal wireless services, with millions of 
new subscribers added each year. As a result of this increase, 
there are now 30 million calls to 911 placed on wireless phones 
annually, up from a total of only 59,000 for the entire year 
before. Consumers are using these phones to call for help when 
they need it, to report other drivers' accidents or injuries, 
and to report erratic or aggressive drivers to authorities 
before those drivers have an opportunity to injure others.
    While wireless phones have enabled people to save countless 
lives, it is clear that improvements need to be made to the 
wireless network if emergency personnel are to improve response 
times and ultimately reduce fatalities on our nation's 
highways. The first of these improvements is that the wireless 
network must be as seamless as possible. As one wireless 
carrier advertises, a wireless telephone is worthless unless 
the call goes through. And while there are many other hurdles 
to the development of a seamless wireless network, Federal 
agencies have more often obstructed rather than assisted in 
this effort.
    Despite a 1995 Presidential memorandum directing Federal 
agencies to facilitate the placement of wireless antennas on 
Federal property and section 704(c) of the Telecommunications 
Act of 1996 (47 U.S.C. 332 note), which directs Federal 
agencies to make property available for the placement of 
wireless antennas, Federal agencies generally have been 
reluctant to facilitate the placement of antennas on property 
under their control. According to testimony received by the 
Committee, only the Postal Service and, to a lesser extent, the 
GeneralServices Administration (GSA) have engaged in any kind 
of concerted effort to make their properties available for antenna 
siting. While the siting of antennas on Federal property will not patch 
every hole in the wireless network, it will provide coverage to areas 
where there are few other alternatives. Further, it permits the Federal 
government to lead by example, demonstrating to localities and others 
the need for a seamless and ubiquitous wireless network to improve 
public safety.
    If the first issue is ensuring that the call goes through, 
then the second issue is ensuring that the public knows whom to 
call. In most areas of the country, 911 is the number to call 
from a wireline phone when requesting emergency assistance or 
reporting a crime. However, in many States 911 is not the 
emergency number to call when calling from a wireless phone. 
These can range from #77 for the Pennsylvania State Police, to 
*MSP for the Massachusetts State Police, to the regular seven 
digit phone number of the local police or sheriff's department. 
Unfortunately, it is often impossible for travelers to know the 
correct number to call.
    This problem is best illustrated in testimony by K. Susan 
Hoyt, Chair of the ComCARE Alliance, from the Committee's March 
24, 1998, hearing:

          One recent story highlighted this problem when a 
        couple traveling through Missouri from another state 
        noticed a drunk driver cutting through traffic and 
        speeding along the interstate. They grabbed their 
        wireless phone and dialed ``9-1-1'' but could not reach 
        help. The couple tried calling other numbers, then 
        called information for the local police, but since they 
        were from out of state, they weren't sure of their 
        location. They followed the reckless driver; but, 
        unfortunately, it was too late. The driver caused a 
        severe vehicle crash that resulted in fatal injuries 
        before the couple reached the local authorities on the 
        appropriate wireless emergency number--``#55.'' (Serial 
        No. 105-74, p. 14)

While it is important to improve coverage of 911 service to 
households and businesses served by traditional wireline 
service, it is that much more important that travelers know 
that when they have an emergency or need to report dangerous 
behavior on the nation's highways, they will be able to do so. 
The best way to accomplish that goal is through the 
establishment of a single emergency number for both wireless 
and wireline coverage. H.R. 3844 does so by directing the FCC 
to use its existing numbering authority to designate 911 as the 
nationwide emergency number and directs the FCC to establish 
appropriate rules for implementation.
    Lastly, it is also important that when a PSAP answers an 
emergency call, it can readily determine the location of the 
caller. This is a relatively simple accomplishment with 
wireline phones since the phones are at a fixed location. 
However, the location of a cellular or other personal wireless 
service caller is not typically known to the PSAP answering an 
emergency call. In addition, a mobile phone user is not always 
aware of his or her precise location when calling from the 
scene of an accident or other emergency and may, therefore, be 
incapable of telling the PSAP where to direct the desired help.
    Reacting to this problem, the Commission in 1997 required 
that wireless carriers enhance emergency telephone service by 
providing the PSAP, upon the PSAP's request, with each 
emergency call, number and cell-site information by April 1, 
1998, and location information by October 1, 2001. However, 
because many PSAPs lack sufficient funds to install the 
equipment upgrades necessary to receive the enhanced 
information, they currently do not request number and cell-site 
information and the rules do not apply. The same lack of 
ability to receive location information is expected to occur by 
the 2001 deadline, if PSAPs do not obtain the funds for 
upgrades.
    The Committee believes strongly that the construction and 
operation of seamless, ubiquitous, reliable wireless systems 
serve the public interest by improving communications, 
enhancing public safety, and promoting economic development. 
Consistent with the purpose of the bill, the Committee expects 
the FCC and other government entities to encourage and 
facilitate the deployment of a seamless, reliable end-to-end 
wireless infrastructure. Ultimately, the key to improving the 
value of the wireless phone as a life-saving safety device is 
ensuring that the proper emergency personnel receive the 
information necessary to perform their duties. This legislation 
will leverage Federal, State, local, and private resources to 
accomplish these goals.

                                Hearings

    The Subcommittee on Telecommunications, Trade, and Consumer 
Protection held an oversight hearing on enhanced 911 wireless 
services on March 24, 1998. The Subcommittee received testimony 
from: The Honorable Pat Danner, U.S. Representative, Sixth 
District, State of Missouri; The Honorable Ricardo Martinez, 
Administrator, National Highway Traffic Safety Administration; 
Mr. Thomas E. Wheeler, President and CEO, Cellular 
Telecommunications Industry Association; Ms. K. Susan Hoyt, RN, 
MN, CEN, Chairperson, ComCARE Alliance; Dr. Stephen Hargarten, 
Chairman, Department of Emergency Medicine, University of 
Wisconsin Medical Center; Mr. George Heinrichs, President and 
CEO, SCC Communications Corp.; Mr. S. Robert Miller, Chair, 
Regulatory Committee, National Emergency Number Association; 
Mr. Edward R. Trout, Chairman, American Trucking Association, 
Inc.; The Honorable Hal Daub, Mayor, City of Omaha, on behalf 
of the National League of Cities; The Honorable Denis P. 
Galvin, Deputy Director, National Park Service, Department of 
the Interior; and Mr. David Bibb, Deputy Associate 
Administrator, Office of Real Property, Office of 
Governmentwide Policy, General Services Administration.
    H.R. 3844, the Wireless Communications and Public Safety 
Act of 1998, was introduced in the House on May 12, 1998. The 
Subcommittee held a legislative hearing on the bill on June 9, 
1998. The Subcommittee received testimony from: Dr. Jeffrey 
Michael, Chief, Emergency Medical Services Division, National 
Highway Traffic Safety Administration; Mr. David Bibb, Deputy 
Associate Administrator, Office of Real Property, Office of 
Governmentwide Policy, General Services Administration; Mr. 
Michael Amarosa, Vice President, Public Affairs, TruePosition, 
Inc.; Mr. John Melcher, Director, MIS Greater Harris County 
911; and Mr. David K. Alyward, Executive Director, ComCARE 
Alliance.

                        Committee Consideration

    On July 22, 1998, the Subcommittee on Telecommunications, 
Trade, and Consumer Protection met in open markup session and 
approved H.R. 3844, the Wireless Communications and Public 
Safety Act of 1998, for Full Committee consideration, amended, 
by a voice vote.
    On August 5, 1998, the Committee met in open markup session 
and ordered H.R. 3844 reported to the House, amended, by a 
voice vote, a quorum being present.

                             Rollcall Votes

    Clause 2(l)(2)(B) of rule XI of the Rules of the House 
requires the Committee to list the recorded votes on the motion 
to report legislation and amendments thereto. There were no 
recorded votes taken in connection with ordering H.R. 3844 
reported. An En Bloc Amendment by Mr. Bliley to provide (1) 
that the study funded by the bill on the health effects of 
cellular radio frequencies be scientifically objective and not 
exaggerate the risks to human health, and (2) that wireless 
carriers be permitted to release a user's location to immediate 
family members in the event of a life-threatening situation, 
was agreed to by a voice vote. A motion by Mr. Bliley to order 
H.R. 3844 reported to the House, amended, was agreed to by a 
voice vote, a quorum being present.

                      Committee Oversight Findings

    Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of 
the House of Representatives, the Committee held legislative 
and oversight hearings and made findings that are reflected in 
this report.

              Committee on Government Reform and Oversight

    Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of 
the House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight.

               New Budget Authority and Tax Expenditures

    In compliance with clause 2(l)(3)(B) of rule XI of the 
Rules of the House of Representatives, the Committee concurs 
with the finding of the Congressional Budget Office that H.R. 
3844, the Wireless Communications and Public Safety Act of 
1998, would result in $1 million in new budget authority and 
outlays in each Fiscal Year 1999 through 2003.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 403 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of 
the House of Representatives, the following is the cost 
estimate provided by the Congressional Budget Office pursuant 
to section 403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 18, 1998.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3844, the Wireless 
Communications and Public Safety Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts for federal 
costs are Clare Doherty (for costs of the Department of 
Transportation) and John R. Righter (for use of property to 
place antennas), and Julia Christensen (for costs of the Food 
and Drug Administration). The staff contact for the impact on 
state and local governments is Lisa Cash Driskill.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 3844--Wireless Communications and Public Safety Act of 1998

    Summary: H.R. 3844 would promote (1) the development of an 
enhanced ``911'' emergency call system for use across the 
United States, and (2) research and development of automotive 
crash notification (ACN) systems that would use wireless 
communications technology. To facilitate work towards those 
goals, the bill would establish the Wireless Communications and 
Public Safety Fund (WICAPS fund) and authorize the 
appropriation of such sums as are necessary to the National 
Highway Traffic Safety Administration (NHTSA) for grants to 
states and investments in research and development of wireless 
technology. It would also authorize appropriations to the Food 
and Drug Administration (FDA) for a study to analyze the 
effects of radio-frequency emissions from wireless telephones.
    H.R. 3844 would affect direct spending; therefore, pay-as-
you-go procedures would apply. Specifically, the bill would 
require that, upon receipt of applications, federal agencies 
process applications from and execute leases with 
telecommunication companies to place antennas on federal 
property within 90 days. It would allow agencies to recover 
their costs from the income generated from such leases. CBO 
estimates that enacting these provisions would increase direct 
spending by an average of about $1 million a year for each of 
fiscal years 1999 through 2003.
    Assuming the appropriation of the necessary amounts, CBO 
estimates that NHTSA and FDA activities would cost $83 million 
over the 2000-2003 period (with little or no effect on 
discretionary spending in 1999). In addition, the bill's 
effects on direct spending would be roughly matched by 
reductions in the need for annual discretionary spending for 
the costs of processing antenna applications. As a result, the 
estimated net impact on spending subject to appropriation is 
$78 million over the 1999-2003 period.
    H.R. 3844 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) but CBO estimates that 
the costs would not be significant and would not exceed the 
threshold established by that act ($50 million in 1996, 
adjusted annually for inflation). The bill would impose no new 
private-sector mandates as defined in UMRA.
    Estimated cost to the Federal Government: The costs of this 
legislation fall within budget functions 400 (transportation), 
550 (health), and 800 (general government). The estimated 
budgetary impact is shown in the following table.

                                    [By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                              1998     1999     2000     2001     2002     2003
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING
Estimated Budget Authority................................        0        1        1        1        1        1
Estimated Outlays.........................................        0        1        1        1        1        1
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level.............................        0       -1       25       25       25       25
Estimated Outlays.........................................        0       -1       11       20       23       25
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For purposes of this estimate, CBO 
assumes that the necessary amounts will be appropriated for 
each fiscal year and that outlays will occur at historical 
spending rates for NHTSA and FDA.

                            Direct Spending

    Under the Telecommunications Act of 1996 and an Executive 
Memorandum (dated August 10, 1995), agencies are generally 
required to lease space on federal property to 
telecommunication companies for the placement of antennas and 
other facilities needed to provide personal wireless services 
(PWS). An agency is exempted from the requirement when the 
placement of the antenna represents a direct conflict with 
either its mission or its use of the property. H.R. 3844 would 
require that federal agencies process the applications from 
telecommunication companies and execute the necessary leases 
within 90 days. The bill also would allow PWS providers to 
challenge in court an agency's denial or its failure to act on 
an application to lease property. Finally, it would allow 
agencies to recover their costs to process new applications 
from the income earned on PWS leases.
    Because the bill would allow agencies to spend some of 
their income from leases, CBO estimates that enacting these 
provisions would increase direct spending by about $1 million a 
year for each of fiscal years 1999 through 2005. That estimate 
is based on the rental income we estimate will be generated 
from antenna leases under current law and from information 
provided by agencies. CBO estimates that the bill would 
increase direct spending after 2005 by less than $500,000 a 
year.
    Under current law, CBO estimates that income from leases to 
PWS providers will increase steadily from between $5 million 
and $10 million in fiscal year 1998 to around $25 million in 
fiscal year 2003. However, we estimate that more than one-half 
of that income will be generated by agencies that already have 
the authority to retain and spend such proceeds, including the 
United States Postal Service, the General Services 
Administration, the Bonneville Power Administration, and the 
Tennessee Valley Authority. For agencies without that 
authority, we estimate that proceeds from leases will be 
modest, increasing under current law from $2 million in 1998 to 
$12 million in 2003.
    Based on information from agencies, including their costs 
to process applications and the rents they are receiving from 
leases, CBO assumes that agencies would, on average, retain the 
first year's rent to cover the costs of processing new 
applications to place antennas on federal property. In 
addition, we estimate that providing agencies with additional 
funds would enable them to process applications more quickly 
and collect rents from new leases sooner, but would not affect 
the number of new leases. Since this authority would only have 
an impact on those agencies that cannot retain and spend 
receipts under current law, CBO estimates that, on average, the 
provision would result in a net increase in new spending from 
rental income of $1 million a year, beginning in fiscal year 
1999. Because we anticipate that the demand to place new 
antennas on federal property will decline over time, we expect 
that the effect on direct spending will gradually decline. CBO 
estimates that, beginning in fiscal year 2006, the provision 
would increase direct spending by less than $500,000 a year.

                   Spending Subject to Appropriation

    Costs to the Department of Transportation. H.R. 3844 would 
authorize the appropriation of such sums as are necessary for 
NHTSA to provide grants to states to further develop the 
existing 911 systems for emergency telephone calls and to 
support emergency prevention, educational, and medical programs 
that will use the wireless communication system envisioned by 
the bill. It would also authorize NHTSA funding to conduct 
research and development for ACN systems, to develop decision 
protocols for the use of such systems, and to evaluate the 
systems.
    Based on information from NHTSA, CBO estimates that grants 
to states under the bill would require appropriations of about 
$20 million a year, beginning in fiscal year 2000. Over the 
2000-2003 period, CBO estimates that $5 million would be 
devoted to the development of system protocols, $13 million 
would be devoted to research and development, and $2 million 
would cover the evaluation efforts. Funding for the research, 
development, and evaluation of ACN systems would be capped by 
the bill at annual amounts not to exceed 25 percent of the 
amounts appropriated for grants. Because the estimated funding 
for the grants is $20 million a year, CBO estimates that 
additional funding for ACN development would be $5 million a 
year.
    CBO estimates that other costs for carrying out activities 
under the bill would cost less than $500,000 a year and a total 
of about $1 million over the 2000-2003 period.
    Costs to the Food and Drug Administration. Section 7 would 
direct the Food and Drug Administration to conduct a study 
using animal bioassay techniques to analyze the effects of 
radio-frequency emissions from wireless telephones operating on 
certain frequencies. It would also require the Commissioner of 
the FDA to convene an advisory panel of scientific and industry 
experts to advise the FDA on substantive matters surrounding 
the preparation, conduct, and evaluation of the study. Finally, 
section 7 would allow the FDA to use its appropriated funds 
(authorized in this bill) to cover expenses incurred by FDA 
personnel to attend meetings related to the topic of the study.
    The bill would cap the authorization of appropriations to 
implement section 7 at the lesser of $2 million a year or 5 
percent of the annual appropriation from the WICAPS fund for 
making grants to states. As noted above, CBO estimates the 
authorization for such grants at a level of $20 million a year, 
beginning in fiscal year 2000. Applying the 5-percent annual 
cap, CBO estimates that the FDA study and related expenses 
would have an authorized funding level of $1 million a year 
over the 2000-2003 period.
    Reduced Need for Appropriations to Process Antenna 
Applications. By allowing agencies to retain and spend a 
portion of the income generated from antenna leases to process 
new applications, H.R. 3844 would reduce the amount of 
appropriations required to process such applications. As a 
result, CBO estimates that implementing the bill would reduce 
the annual discretionary costs for agencies to process new 
applications by about $1 million--an amount which is roughly 
equivalent to the new direct spending.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. The net 
changes in outlays that are subject to pay-as-you-go procedures 
are shown in the following table. For the purposes of enforcing 
pay-as-you-go procedures, only the effects in the current year, 
the budget year, and the succeeding four years are counted.

                                                        [By fiscal year, in millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   1998    1999    2000    2001    2002    2003    2004    2005    2006    2007    2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes in outlays..............................................       0       1       1       1       1       1       1       1       0       0       0
Changes in receipts\1\..........................................  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......  ......
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Not applicable.

    Estimated impact on State, local, and tribal governments: 
Mandates. H.R. 3844 contains intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act but CBO estimates 
that the costs would not be significant and would not exceed 
the threshold established by that act ($50 million in 1996, 
adjusted annually for inflation). First, states would be 
required to provide users of wireless 911 service with 
protection from liability that is not less than that provided 
to users of 911 wireline service. Second, the bill would 
require that states give wireless communications companies 
protection from liability that is not less than that provided 
to wireless communication companies. States would have the 
ability to pass legislation which could alter some aspects of 
the parity of liability protection afforded to wireless 
companies, if they did so within two years of the passage of 
this bill. After two years, in the absence of state 
legislation, wireless companies would have liability protection 
equal to that of wireline companies. CBO estimates that the 
only costs would be those associated with passing state 
legislation to alter the liability protections to comply with 
those established by this bill.
    In addition, the bill would prevent states from applying a 
higher standard of liability to 911 services provided by 
wireless companies than is applied to 911 services provided 
through wireline. Any nonconforming laws would become void 
under this legislation. Information from industry and state and 
local trade associations indicates that many states currently 
have no wireless liability laws, and in states that do, they 
are modeled after and in no case exceed the standards applied 
to wireline communication companies. Consequently, this 
provision would not affect state and local budgets.
    Other Impacts. Section 3 of the bill directs the FCC to 
designate 911 as the universal emergency telephone number. 
Currently 911 emergency systems are designated at the local 
level and many jurisdictions use numbers other than 911 for 
emergency wireless service (for instance, ``*55'' or ``#77''). 
Because the FCC's authority over 911 service does not extend to 
state and local governments, CBO believes that it is unlikely 
that this section would result in an intergovernmental mandate 
requiring state and local governments to change their emergency 
number systems.
    As an encouragement to states to adopt 911 as the universal 
emergency service number, the bill would authorize a grant 
program that CBO estimates would provide $20 million annually 
to states over the 2000-2003 period. The grant program would 
require states to fund at least 25 percent of the cost of 
activities related to receiving wireless 911 services and 
establishing a comprehensive 911 system. Grants could be made 
to states without a match, if the assistance would be directed 
to rural communities.
    Estimated impact on the private sector: H.R. 3844 would 
impose no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Transportation Programs: Clare 
Doherty; Antennas on Federal Property: John Righter; Health 
Programs: Julia Christensen; Impact on State, Local, and Tribal 
Governments: Lisa Cash Driskill.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    Subsection 7(c) of the legislation establishes a ``panel of 
scientific and industry experts to advise the Food and Drug 
Administration, on an ongoing basis, on the preparation, 
conduct, and evaluation of'' a 2-year animal bioassay of 
radiofrequency emissions from wireless telephones operating on 
frequencies between 825 and 1900 megahertz, inclusive. Pursuant 
to the requirements of subsection 5(b) of the Federal Advisory 
Committee Act, the Committee finds that the functions of the 
proposed advisory committee are not and cannot be performed by 
an existing Federal agency or advisory commission or by 
enlarging the mandate of an existing advisory committee.

                   Constitutional Authority Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes, and in Article IV, section 
3, clause 2, which grants Congress the power to dispose of and 
make all needed rules and regulations respecting property 
belonging to the Federal government.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                        Committee Correspondence
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

             Section-by-Section Analysis of the Legislation

Section 1. Short title

    Section 1 designates the short title of the bill as the 
``Wireless Communications and Public Safety Act of 1998.''

Section 2. Findings and purpose

    Section 2 contains the findings and purpose of H.R. 3844. 
The findings include, inter alia, that an end-to-end 
communications infrastructure will reduce response times for 
the delivery of emergency care, thereby preventing fatalities 
and reducing the severity of injuries, among other benefits. 
The section also finds that statewide coordination among all 
interested parties is required for the rapid and efficient 
deployment of emergency services. The Committee intends for 
purposes of this section that ``emergency safety'' and ``public 
safety'' officials include all those parties engaged in the 
provision of emergency or safety services, including 
governmental and non-governmental emergency dispatch and road 
service providers, such as the American Automobile Association. 
The Committee notes that the broader the coordination by 
interested parties, the more rapid the establishment of an end-
to-end system to deliver emergency service and care will be.
    Section 2 also describes the finding that automatic crash 
notification systems can be a critical component of an end-to-
end system, and that the contributions of wireless 
communications to such a system will be enhanced by a State 
grant program.

Section 3. Universal emergency telephone number

    Section 3 amends Section 251(e) of the Communications Act 
of 1934 by adding a paragraph requiring the Commission, in its 
existing role as the sole numbering authority in the United 
States, to designate 911 as the universal emergency telephone 
number within the United States for reporting an emergency 
using both wireline and wireless telephone service. The section 
requires the Commission, and any agency to whom it has 
delegated designation authority, to provide appropriate 
transition rules for areas in which 911 is not in use upon date 
of enactment of the bill.
    In designating 911 as the universal emergency telephone 
number, the Committee does not intend that this provision 
govern emergency calls initiated from private business 
exchanges (PBXs) or other similarly situated private telephone 
systems. Making PBX equipment compatible with 911 emergency 
calling systems is a difficult task. In particular, many 
current PBXs require that to obtain an outside line the user 
must first dial ``9.'' Thus, users of PBX systems may be 
required to dial ``9-9-1-1'' to connect with public safety 
officials in emergency situations. By including this provision, 
the Committee does not intend to alter this situation.
    However, the Committee is aware that the Commission has 
before it a notice of proposed rulemaking addressing this 
situation and others relating to PBX compatibility with 911 
calling systems. This provision is not intended to affect that 
decision in any way and the Committee expects that the 
Commission will proceed in whatever manner it deems to be in 
the public interest.

Section 4. Wireless communications and public safety fund

    Section 4 establishes the Wireless Communications and 
Public Safety Fund (WICAPS Fund) in the Treasury, which will be 
administered by the Department of the Treasury. The Treasury 
Department is directed to invest those portions of the WICAPS 
Fund not necessary to meet current withdrawals in interest-
bearing obligations of the United States.

Section 5. Assistance to states

    Section 5 governs the distribution of funds to the States 
for purposes of facilitating an end-to-end communications 
system for emergency services. Section 5(a) governs population-
based grants to the States, and the plans States must submit to 
the Secretary of Transportation in order to qualify for a 
grant. As provided by Section 5(a), an applying State must 
submit a plan that contains a certification by the Governor or 
his designee that the State, inter alia: will implement the 
designation of 911 as a universal emergency number in the 
State; has policies to encourage public reporting of safety 
risks; will make efforts to minimize risky driving by motorists 
on its roads; will provide a 25 percent matching amount from a 
source other than a surcharge or tax on wireless carriers or 
subscribers; has consulted with interested parties in the 
development of the plan; will, through an entity designated by 
the Governor, coordinate the deployment of an end-to-end 
emergency communications system on a statewide basis; and has a 
mechanism for wireless carrier recovery of costs related to the 
provision of automatic numbering identification and call 
location services.
    Paragraph (3) provides that the Secretary of Transportation 
shall allocate grants at an amount based on population. If any 
WICAPS amounts are unallocated because a State failed to 
provide a 25 percent matching amount, then the Secretary shall 
reallocate such funds among the other qualifying States, based 
on population.
    Paragraph (4) governs the permissible use of funds and 
permits States to use grant funds for: the payment of costs for 
the acquisition, upgrades to or modifications of equipment used 
to receive enhanced wireless 911 service information; and 
emergency prevention, educational, or pre-hospital emergency 
medical programs.
    Subsection (b) governs rural assistance grants to the 
States. As with the population-based grants, States are 
required to submit a plan detailing their commitment to the 
development of an end-to-end communications system to enhance 
wireless emergency response and provide a 25 percent matching 
amount as a pre-condition of receipt of a rural assistance 
grant. States may use a rural assistance grant for the same 
purposes as a population-based grant.
    Subsection (c) governs the administration within a State of 
the grant funds. Under the subsection, a State may permit the 
administration of the funds through a political subdivision of 
the State or other entity if that subdivision or entity uses or 
plans to use 911 as the wireless and wireline emergency 
telephone number. Subsection (d) permits States to receive both 
a population-based grant and a rural assistance grant.

Section 6. Research and development on crash information systems

    Section 6 requires that, within 90 days of enactment, the 
Secretary of Transportation establish a program funded by the 
WICAPS Fund for research and development of an automatic crash 
notification (ACN) system and an interface in motor vehicles 
for wireless telephones to transmit crash data and permit 
hands-free use. Under Section 6, the Secretary has 90 days from 
enactment to establish such a research and development program. 
For purposes of research into the operation of an ACN system 
that would use a wireless telephone or other communications 
system to transmit crash data to appropriate emergency 
personnel, the Committee does not intend to exclude research 
into transmission of such data to emergency dispatch providers. 
The Committee intends that the term ``appropriate emergency 
personnel'' as used in paragraph 6(a)(1) include emergency 
dispatch providers.
    Subsection (b) requires the Secretary to consult with 
representatives of interested industries and public sector 
entities in planning such research and development. The 
Committee does not intend that the list enumerated in this 
subsection be exhaustive; rather, it is intended to suggest 
parties who should be included in any consultative process.
    Finally, subsection (c) governs the use of research and 
development funds, which includes investments by trauma centers 
throughout the United States in coordination with other 
emergency medical services providers.

Section 7. Radiofrequency study

    Section 7 requires the Food and Drug Administration (FDA) 
to conduct a 2-year bioassay of radiofrequency emissions from 
wireless telephones operating on frequencies between 825 and 
1900 MHZ. As provided in Section 11(b)(2), the study will be 
funded at the lesser of 5 percent of the WICAPS Fund or $2 
million, annually, for Fiscal Years 1999-2003.
    Subsection (b) requires that, to the maximum extent 
practicable, the study be consistent with the research needs of 
the World Health Organization's International Electromagnetic 
Frequency Project and be scientifically objective. It also 
emphasizes that the bioassay study provide a careful analysis 
of the weight of the evidence and a description of the results 
that neither minimizes nor exaggerates the risks to human 
health. Subsection (c) requires the FDA Commissioner to 
designate a panel of scientific and industry experts to advise 
the FDA on the preparation, conduct and evaluation of the 
study. The advisory panel shall be designated after the 
Commissioner consults with the Center for Devices and 
Radiological Health and representatives of the scientific 
community and wireless industry. Finally, subsection (d) 
authorizes the FDA's use of appropriated funds for its 
personnel to attend meetings of the International 
Electromagnetic Frequency Project and other scientific 
symposia.

Section 8. Emergency services support from use of federal property

    Section 8 adds a new subsection (d) to section 704 of the 
Telecommunications Act of 1996 (47 U.S.C. 332 note) governing 
access to and use of Federal property for siting of facilities 
used in providing personal wireless services. The purpose of 
this provision is to enhance public safety by making property 
owned by the Federal government available to the maximum extent 
practicable, on an expeditious basis, for the siting of 
personal wireless facilities and thus improving the ability of 
the traveling public to reach emergency personnel from a 
wireless phone.
    The portion of the lease fees in excess of the amount 
necessary to reimburse the agency's processing costs is 
credited to the WICAPS Fund, except where an agency's ability 
to retain those fees is otherwise governed by existing law. 
Those fees are distributed to the States by the Secretary of 
Transportation for upgrading the PSAPs and funding emergency 
educational programs.
    Paragraph (2) requires that not later than 60 days after an 
agency receives a personal wireless facilities siting request, 
it must decide whether the request will conflict with either 
the agency's mission or its planned use of the property. The 
lease fee must be reasonable and non-discriminatory and no more 
than fair market value. Under new paragraph (3), if the 
decision is to be favorable to the provider of personal 
wireless services, than the agency has 30 additional days, or 
90 days from the date of receiving the request, to conclude a 
lease or other document necessary to implement the request.
    If the agency finds that the request will raise a conflict 
with its mission or planned use for its property, the agency 
must notify the requesting party of the conflict by the end of 
the 60 day period following the request. Paragraph (4) provides 
for an informal hearing upon request by a rejected applicant. 
That hearing must commence within 60 days of the agency's 
receipt of the application and be concluded within 90 days. The 
agency will, therefore, have any length of time between 30 and 
90 days to conduct an informal hearing, if it believes the 
siting request will conflict with its mission or planned use of 
its property.
    Section 8 in no way changes Section 332(c)(7) of the 
Communications Act (47 U.S.C. 332(c)(7)), added by the 
Telecommunications Act of 1996, which preserved local zoning 
authority over personal wireless facilities for property under 
local control. Rather, Section 8 governs siting of personal 
wireless facilities on Federal property. Section 704(c) of the 
Telecommunications Act of 1996 was enacted as a clear policy 
statement that the Federal government is to make its property 
available, to the greatest extent possible, for wireless 
facilities. The Conference Report for the Telecommunications 
Act of 1996 differentiates between local zoning authority under 
Section 332(c)(7) and procedures in Section 704(c) for siting 
wireless facilities on property under the control of Federal 
departments and agencies for``new telecommunications services 
that are dependent upon the utilization of Federal spectrum rights.'' 
Section 8 of the bill adds a new subsection to Section 704 to provide 
more detailed guidance for siting requests on Federal property for a 
particular subset of such services--personal wireless services--and, 
therefore, does not alter the operation of section 332(c)(7).
    Paragraph (5) governs the information a provider of 
personal wireless services must include in its request for 
access to and use of Federal property for its facilities. Such 
information includes the following: name and address of the 
requestor; site-specific identification; type and size of 
antenna installation and support required, including access to 
the site, utility requirements, foot-capacity for rooftops and 
any site modification requirements; antenna frequencies and 
other specifications; term of property use; terms of removal of 
equipment and supporting structures and property restoration; 
description of related projects; and a description of methods 
of achieving compliance with any applicable environmental or 
historic preservation statutes.
    Judicial review of an agency denial is governed by 
paragraph (6). An applicant may seek judicial review of (1) an 
agency determination that a request to use the agency's 
facilities for the siting of the applicant's equipment 
conflicts with the agency's mission or its planned use of the 
property; (2) the reasonableness of the lease fee charged by 
the agency; or (3) an agency's failure to act within the 
deadlines specified by this section. These actions are governed 
by chapter 7 of title 5, United States Code, although paragraph 
(6) provides that the burden of proof shall be on the agency to 
sustain its decision, rather than on the provider of personal 
wireless services.
    Paragraph (7) provides for implementation of the National 
Environmental Policy Act (NEPA) with respect to access to and 
use of Federal property for siting of personal wireless 
facilities. Under this new subsection, Federal agencies that 
receive access and use requests must apply the existing FCC 
environmental processing regulations to the request. The FCC 
regulations implement and incorporate by reference all 
Federally-mandated environmental statutes. The FCC rules 
therefore require compliance with all other Federal 
environmental laws. Limiting Federal agency wireless siting 
procedures to the FCC rules will ensure predictability and 
uniformity among Federal agencies in the environmental 
processing of such requests, as well as consistency with 
Federal environmental regulation of the telecommunications 
industries.
    The FCC environmental rules establish a process for 
requests to construct radiofrequency facilities. First, an 
applicant whose proposed facilities may significantly affect 
the environment must submit an Environmental Assessment to the 
FCC and undergo environmental review prior to commencing 
construction (See 47 C.F.R. Sec. Sec. 1.1307-08, 1.1311-12). 
These potential environmental effects include: harm to 
threatened or endangered species or designated critical 
habitats; changes which interfere with historic sites listed or 
eligible for listing on the National Register of Historic 
Places or Indian religious sites; location in a flood-plane; 
changes in surface features (e.g., wetland fills, 
deforestation, water diversion); location in a wilderness area 
or wildlife preserve; utilizing high intensity lighting in a 
residential area; or emitting radiofrequency radio in excess of 
health and safety standards (See 47 C.F.R. Sec. 1.1307).
    Under the Commission's procedures, the FCC reviews the 
Environmental Assessment (EA), and, if appropriate, solicits 
the views of other expert and affected Federal agencies and 
interested parties, to determine whether the proposal will have 
a significant effect on the environment (47 C.F.R. 
Sec. Sec. 1.1307(c), 1.1308). The Committee notes that the FCC 
relies upon the input of other Federal agencies, particularly 
the agency which owns the property upon which the tower is to 
be located, in order to obtain an accurate environmental 
assessment, and expects that practice to continue.
    If the FCC finds no significant impact, the application is 
processed without further documentation of environmental effect 
(47 C.F.R. Sec. 1.1308(d)). If the FCC does find that the 
request will have significant environmental effects, it informs 
the applicant, who then has an opportunity to amend the 
application to reduce, minimize, or eliminate the problem, (47 
C.F.R. Sec. Sec. 1.1308(c), 1.1309). If the problem is not 
eliminated, the FCC prepares a Draft Environmental Impact 
Statement (DEIS) and, after comment, a Final Environmental 
Impact Statement (FEIS) (47 C.F.R. Sec. Sec. 1.1314-19).
    Paragraph (7), requires that Federal agencies receiving 
siting requests must complete environmental processing within 
the time frames established by new subsection 704(d) for 
considering such requests. Likewise, any notification of and 
discussion with local land use authorities of proposals to site 
wireless facilities is required to be conducted within the 
period established by that subsection. The Committee does not 
intend to affect local zoning authority through the enactment 
of this legislation. To the extent siting personal wireless 
services facilities is considered ``alteration'' of a Federal 
building, the manager of that building still is required to 
consider the views of, and consult with, local authorities, but 
would have to do so within the 90 day time-frame established by 
this section. The Committee notes that Section 8 addresses 
siting requests on Federal property, as opposed to State, 
local, or private property that may be subject to State or 
local zoning law.
    Paragraph (8) provides that existing General Service 
Administration (GSA) bulletins implementing existing subsection 
704(c) shall continue to apply for purposes of site requests 
for personal wireless services facilities, to the extent 
consistent with the terms of new subsection 704(d), until 
modified as necessary by GSA. The purpose of this new 
subsection is to ensure that there is no regulatory delay in 
implementing new subsection 704(d).
    Paragraph (9) defines terms for this subsection. 
Subparagraph (9)(C) contains the definition for ``personal 
wireless services facilities.'' Those facilities are the 
antenna and supporting equipment, including the ground-based 
electronics connected to such equipment. The Committee intends 
that this definition include structures for housing the ground-
based electronics used in connection with antennas and 
supporting equipment that are sited on Federal property.

Section 9. Parity of protection for provision or use of wireless 
        services

    Section 9 provides wireless carriers with the same degree 
of liability protection as enjoyed by wireline carriers in 
their provision of telecommunications services. The 
Committeereceived testimony regarding wireless carriers' concerns about 
liability arising from the provision of 911 services. The Committee 
recognizes that wireline carriers derive their protection from 
liability from a variety of sources--including statutes, court 
decisions, and limitations contained in the tariffs they file. 
Subsection 9(a) provides wireless carriers the highest degree of 
protection from liability that any wireline carrier has in any State 
under Federal and State law, without any need for wireless carriers to 
file tariffs or to obtain a judicial ruling or the passage of a new 
State statute. Activities provided such protection include a wireless 
provider's development, design, installation, operation, maintenance, 
performance or provision of wireless service; transmission errors, 
failures, network outages, or other technical difficulties arising in 
transmission of emergency calls; and release to a PSAP, emergency 
medical or trauma center personnel, or dispatch providers or other 
public safety personnel of subscriber information.
    Subsection (b) provides that a wireless user using wireless 
911 shall have the same protection from liability that a user 
of wireline 911 has in a particular jurisdiction.
    On the date of enactment, section (c) gives wireless 
carriers the same level of liability protection granted 
wireline carriers in the State for the same services. States 
would then have two years to enact separate immunity statutes 
for wireless services, with the exception of wireless 911 
service, which will continue to receive liability parity. If 
the State failed to act within two years, liability parity 
would continue for all services.

Section 10. Authority to provide location information

    Section 10 amends Section 222 of the Communications Act of 
1934 to permit carriers to provide call location information 
concerning a user of a commercial mobile service to emergency 
dispatch providers and emergency service personnel to respond 
to the user's emergency call or to the user's immediate family 
in a life-threatening situation. Section 10 also permits 
carriers to provide call location information to transmit crash 
information through a motor vehicle's automatic crash 
notification system. Section 10 requires the customer's express 
prior authorization for disclosure to any other person. Section 
222 is amended to expressly include location information in 
that section's definition of ``customer proprietary network 
information.''

Section 11. Authorizations of appropriations and disposition of fees

    Section 11 authorizes appropriations to the WICAPS Fund and 
the disposition of such sums. Subsection (a) authorizes funds 
for the Secretary of Transportation's administration of his 
duties under the bill. Paragraph (b)(1) authorizes 
appropriations for the research and development of automatic 
crash notification systems under Section 6, at 25 percent of 
the annual remainder of the WICAPS Fund, after the 
administrative expenses under subsection (a) and 5 percent 
funding of the FDA bioassay under paragraph (b)(2) are 
subtracted. Paragraph (b)(1) caps the amount that may be 
appropriated for ACN research at $60,000,000 in total over the 
course of all fiscal years.
    Subsection (c) authorizes appropriations for the State 
block grants under Section 5 of the bill. Subsection (d) 
allocates two-thirds of those funds to the population-based 
State grants, and one-third to the rural assistance grants.
    Subsection (e) permits appropriations from the general fund 
to the WICAPS Fund, while subsection (f) ensures that funds 
appropriated pursuant to the authorizations contained in the 
legislation are available without fiscal year limitation, 
except as provided for in appropriations acts. Subsection (g) 
provides that agencies may credit to the appropriations 
accounts funds used to process requests for access to and use 
of Federal property for personal wireless services facilities. 
Paragraph (4) grandfathers the ability of agencies to retain 
funds in excess of processing costs for such requests, if such 
authority predates enactment of the bill.

Section 12. Definitions

    Section 12 defines ``WICAPS Fund,'' ``personal wireless 
services,'' ``public safety answering point,'' ``wireless 
carrier,'' ``enhanced wireless 911 service,'' ``wireless 911 
service,'' and other terms.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

COMMUNICATIONS ACT OF 1934

           *       *       *       *       *       *       *


TITLE II--COMMON CARRIERS

           *       *       *       *       *       *       *


PART I--COMMON CARRIER REGULATION

           *       *       *       *       *       *       *


SEC. 222. PRIVACY OF CUSTOMER INFORMATION.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Exceptions.--Nothing in this section prohibits a 
telecommunications carrier from using, disclosing, or 
permitting access to customer proprietary network information 
obtained from its customers, either directly or indirectly 
through its agents--
          (1) to initiate, render, bill, and collect for 
        telecommunications services;
          (2) to protect the rights or property of the carrier, 
        or to protect users of those services and other 
        carriers from fraudulent, abusive, or unlawful use of, 
        or subscription to, such services; [or]
          (3) to provide any inbound telemarketing, referral, 
        or administrative services to the customer for the 
        duration of the call, if such call was initiated by the 
        customer and the customer approves of the use of such 
        information to provide such service[.];
          (4) to provide call location information concerning 
        the user of a commercial mobile service (as such term 
        is defined in section 332(d)) 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, in order to respond 
        to the user's call for emergency services; or to inform 
        the user's legal guardian or members of the user's 
        immediate family of the user's location in an emergency 
        situation that involves the risk of death or serious 
        physical harm; and
          (5) to transmit automatic crash notification 
        information as part of the operation of an automatic 
        crash notification system.

           *       *       *       *       *       *       *

  (f) Authority To Use Wireless Location Information.--For 
purposes of subsection (c)(1), without the express prior 
authorization of the customer, a customer shall not be 
considered to have approved the use, disclosure, or access to--
          (1) call location information concerning the user of 
        a commercial mobile service (as such term is defined in 
        section 332(d)) to any person other than--
                  (A) 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, in order to 
                respond to the user's call for emergency 
                services; or
                  (B) to inform the user's legal guardian or 
                members of the user's immediate family of the 
                user's location in an emergency situation that 
                involves the risk of death or serious physical 
                harm; or
          (2) automatic crash notification information to any 
        person other than for use in the operation of an 
        automatic crash notification system.
  [(f)] (g) Definitions.--As used in this section:
          (1) * * *

           *       *       *       *       *       *       *

          (1) Customer proprietary network information.--The 
        term ``customer proprietary network information'' 
        means--
                  (A) information that relates to the quantity, 
                technical configuration, type, destination, 
                location, and amount of use of a 
                telecommunications service subscribed to by any 
                customer of a telecommunications carrier, and 
                that is made available to the carrier by the 
                customer solely by virtue of the carrier-
                customer relationship; and

           *       *       *       *       *       *       *


              PART II--DEVELOPMENT OF COMPETITIVE MARKETS

SEC. 251. INTERCONNECTION.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Numbering Administration.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Universal emergency telephone number.--The 
        Commission and any agency or entity to which the 
        Commission has delegated authority under this 
        subsection shall designate 911 as the universal 
        emergency telephone number within the United States for 
        reporting an emergency to appropriate authorities and 
        requesting assistance. Such designation shall apply to 
        both wireline and wireless telephone service. In making 
        such designation, the Commission (and any such agency 
        or entity) shall provide appropriate transition periods 
        for areas in which 911 is not in use as an emergency 
        telephone number onthe date of enactment of the 
Wireless Communications and Public Safety Act of 1998.

           *       *       *       *       *       *       *

                              ----------                              


           SECTION 704 OF THE TELECOMMUNICATIONS ACT OF 1996

SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION STANDARDS.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Use of Federal Property To Provide Personal Wireless 
Services.--
          (1) Policy.--It is the policy of the United States to 
        encourage rapid construction and expansion of the 
        wireless communications infrastructure in the United 
        States and, to that end, to make the real property of 
        the United States Government available to the maximum 
        extent practicable for the siting of facilities that 
        are part of that infrastructure.
          (2) Availability of federal property for personal 
        wireless services.--Not later than 60 days after a 
        department, agency, officer, or instrumentality of the 
        United States with control of real property (including 
        rights-of-way and easements) owned by the United States 
        receives a request containing the information set forth 
        in paragraph (5) from a provider of personal wireless 
        services for access to and use of such real property 
        for siting of facilities used in providing such 
        services, the department, agency, officer, or 
        instrumentality shall make that real property available 
        on a fair, reasonable, and nondiscriminatory basis and 
        at not more than a reasonable fee (which shall in no 
        event exceed fair market value), to the provider for 
        that purpose, unless and to the extent that the head of 
        the department, agency, officer, or instrumentality 
        determines and notifies the provider prior to the 
        expiration of that 60-day period that making such real 
        property available will present an unavoidable direct 
        conflict with--
                  (A) the mission of the department, agency, or 
                instrumentality; or
                  (B) the current use of the real property or 
                the use of the real property that was planned 
                at the time of the request.
          (3) Favorable decision.--Unless the department, 
        agency, officer, or instrumentality determines pursuant 
        to paragraph (2) that an unavoidable conflict exists 
        (as described in such paragraph), such department, 
        agency, officer, or instrumentality shall, within 90 
        days after the date of the receipt of the request under 
        paragraph (2), execute any documents, such as a lease, 
        that are necessary to implement the request.
          (4) Unfavorable decision.--With regard to a request 
        under paragraph (2), a department, agency, officer, or 
        instrumentality shall not make a determination that an 
        unavoidable conflict exists (as described in such 
        paragraph) unless--
                  (A) an opportunity for an informal hearing is 
                afforded to interested persons commencing 
                within 60 days, and concluding within 90 days, 
                after receipt of the request and prior to the 
                making of the determination;
                  (B) the determination is in writing, 
                constitutes a final agency action, and 
                discloses the specific grounds therefor.
          (5) Information required in request for access to and 
        use of federal property.--A request by a provider of 
        personal wireless services under paragraph (2) shall 
        contain the following information:
                  (A) The name, address and telephone number of 
                the provider and the provider's authorized or 
                legal representative for the request.
                  (B) Site-specific identification of the real 
                property to which access is requested, such as 
                a specific building name and address or site 
                latitude and longitude.
                  (C) The type and size of antenna installation 
                and support required for the provider's 
                proposed wireless site, including access to the 
                site, utility requirements, acreage of land, or 
                foot-pound capacity for rooftops, and any 
                special site modification requirements.
                  (D) A summary of antenna specifications, 
                including frequencies.
                  (E) The term of the requirement for use of 
                the real property.
                  (F) The terms of removal of the equipment and 
                structures or property restoration.
                  (G) A description of any project or larger 
                antenna program to which the site relates.
                  (H) A description of methods of achieving 
                compliance with any applicable environmental or 
                historic preservation statutes.
          (6) Judicial review.--A provider of personal wireless 
        services adversely affected by a final action or 
        failure to act by a department, agency, officer, or 
        instrumentality concerning a request under paragraph 
        (2) (including any decision relating to a fair, 
        reasonable, and nondiscriminatory basis for access and 
        use or what constitutes a reasonable fee) may obtain 
        judicial review of the action or failure to act in 
        accordance with the provisions of chapter 7 of title 5 
        of the United States Code, except that the burden shall 
        be on the department, agency, officer, or 
        instrumentality to sustain its action.
          (7) Regulatory compliance.--A request under paragraph 
        (2) and the access to and use of real property pursuant 
        to this subsection shall be subject to environmental 
        processing only under subpart I of part 1 of title 47 
        of the Code of Federal Regulations.
          (8) Avoidance of redundant regulations.--Bulletins 
        issued by the Administrator of General Services 
        pursuant to subsection (c) of this section shall 
        continue to apply, to the extent otherwise consistent 
        with this subsection, to the administration of this 
        subsection until modified or superseded by the 
        Administrator as necessary for the purposes of this 
        subsection.
          (9) Definitions.--As used in this subsection:
                  (A) The term ``instrumentality of the United 
                States'' includes any independent establishment 
                of the United States.
                  (B) The term ``personal wireless services'' 
                has the meaning specified for that term in 
                section 332(c)(7)(C)(i) of the Communications 
                Act of 1934 (47 U.S.C. 332(c)(7)(C)(i)).
                  (C) Facilities used in the provision of 
                personal wireless services are the antenna and 
                supporting equipment, including ground-based 
                electronics connected to such equipment, for 
                the provision of such service.