[House Report 108-311]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-311
======================================================================
E-911 IMPLEMENTATION ACT OF 2003
_______
October 14, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Tauzin, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 2898]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2898) to improve homeland security, public
safety, and citizen activated emergency response capabilities
through the use of enhanced 911 wireless services, 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........................................................ 1
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 6
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 7
Statement of General Performance Goals and Objectives............ 7
New Budget Authority, Entitlement Authority, and Tax Expenditures 7
Committee Cost Estimate.......................................... 7
Congressional Budget Office Estimate............................. 7
Federal Mandates Statement....................................... 9
Advisory Committee Statement..................................... 9
Constitutional Authority Statement............................... 9
Applicability to Legislative Branch.............................. 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 12
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``E-911 Implementation Act of 2003'' .
SEC. 2. COORDINATION OF E-911 IMPLEMENTATION.
Part C of title I of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following:
``SEC. 158. COORDINATION OF E-911 IMPLEMENTATION.
``(a) E-911 Implementation Coordination Office.--
``(1) Establishment.--The Assistant Secretary shall establish
an E-911 Implementation Coordination Office to facilitate
coordination and communication between Federal, State, and
local emergency communications systems, emergency personnel,
public safety organizations, telecommunications carriers, and
telecommunications equipment manufacturers and vendors involved
in the implementation of E-911 services.
``(2) Purpose of office.--The Office shall--
``(A) take actions, in concert with coordinators
designated in accordance with subsection (b)(3)(A)(ii),
to improve such coordination and communication;
``(B) develop, collect, and disseminate information
concerning practices, procedures, and technology used
in the implementation of E-911 services;
``(C) advise and assist eligible entities in the
preparation of implementation plans required under
subsection (b)(3)(A)(iii);
``(D) receive, review, and recommend the approval or
disapproval of applications for grants under subsection
(b); and
``(E) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
``(3) Reports.--The Assistant Secretary shall provide an
annual report to Congress by the first day of October of each
year on the activities of the Office to improve coordination
and communication with respect to the implementation of E-911
services.
``(b) Phase II E-911 Implementation Grants.--
``(1) Matching grants.--The Assistant Secretary, after
consultation with the Secretary of Homeland Security and the
Chairman of the Federal Communications Commission, and acting
through the Office, shall provide grants to eligible entities
for the implementation of phase II E-911 services through
planning, infrastructure improvements, telecommunications
equipment purchases, and personnel training.
``(2) Matching requirement.--The Federal share of the cost of
a project eligible for a grant under this section shall not
exceed 50 percent. The non-Federal share of the cost shall be
provided from non-Federal sources.
``(3) Coordination required.--In providing grants under
paragraph (1), the Assistant Secretary shall require an
eligible entity to certify in its application that--
``(A) in the case of an eligible entity that is a
State government, the entity--
``(i) has coordinated its application with
the public safety answering points (as such
term is defined in section 222(h)(4) of the
Communications Act of 1934) located within the
jurisdiction of such entity;
``(ii) has designated a single officer or
governmental body of the entity to serve as the
coordinator of implementation of E-911
services, except that such designation need not
vest such coordinator with direct legal
authority to implement E-911 services or manage
emergency communications operations;
``(iii) has established a plan for the
coordination and implementation of E-911
services; and
``(iv) has integrated telecommunications
services involved in the implementation and
delivery of phase II E-911 services; or
``(B) in the case of an eligible entity that is not a
State, the entity has complied with clauses (i), (iii),
and (iv) of subparagraph (A), and the State in which it
is located has complied with clause (ii) of such
subparagraph.
``(4) Criteria.--The Assistant Secretary shall issue
regulations within 180 days of the enactment of the E-911
Implementation Act of 2003, after a public comment period of
not less than 60 days, prescribing the criteria for selection
for grants under this section, and shall update such
regulations as necessary.
``(c) Diversion of E-911 Charges.--
``(1) Designated e-911 charges.--For the purposes of this
subsection, the term `designated E-911 charges' means any
taxes, fees, or other charges imposed by a State or other
taxing jurisdiction that--
``(A) appear on telecommunications services
customers' bills; and
``(B) are designated or presented as dedicated to
deliver or improve E-911 services.
``(2) Certification.--Each applicant for a matching grant
under this section shall certify to the Assistant Secretary at
the time of application, and each applicant that receives such
a grant shall certify to the Assistant Secretary annually
thereafter during any period of time during which the funds
from the grant are available to the applicant, that no portion
of any designated E-911 charges imposed by a State or other
taxing jurisdiction within which the applicant is located are
being obligated or expended for any purpose other than the
purposes for which such charges are designated or presented.
``(3) Condition of grant.--Each applicant for a grant under
this section shall agree, as a condition of receipt of the
grant, that if the State or other taxing jurisdiction within
which the applicant is located, during any period of time
during which the funds from the grant are available to the
applicant, obligates or expends designated E-911 charges for
any purpose other than the purposes for which such charges are
designated or presented, all of the funds from such grant shall
be returned to the Secretary.
``(4) Penalty for providing false information.--Any applicant
that provides a certification under paragraph (1) knowing that
the information provided in the certification was false shall--
``(A) not be eligible to receive the grant under
subsection (b);
``(B) return any grant awarded under subsection (b)
during the time that the certification was not valid;
and
``(C) not be eligible to receive any subsequent
grants under subsection (b).
``(d) Authorization; Termination.--
``(1) Authorization.--There are authorized to be appropriated
to the Department of Commerce not more than $100,000,000 for
each of the fiscal years 2004 through 2008 for grants under
this section.
``(2) Termination.--The provisions of this section shall
cease to be effective on October 1, 2008.
``(e) Definitions.--As used in this section:
``(1) Office.--The term `Office' means the E-911
Implementation Coordination Office.
``(2) Eligible entity.--
``(A) In general.--The term `eligible entity' means a
State or local government or a tribal organization (as
defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(l))).
``(B) Instrumentalities.--Such term includes public
authorities, boards, commissions, and similar bodies
created by one or more eligible entities described in
subparagraph (A) to provide E-911 services.
``(C) Exception.--Such term does not include any
entity that has failed to submit the most recently
required certification under subsection (c) within 30
days after the date on which such certification is due.
``(3) E-911 services.--The term `E-911 services' means both
phase I and phase II enhanced 911 services, as described in
section 20.18 of the Commission's regulations (47 CFR 20.18),
as in effect on the date of enactment of this section, or as
subsequently revised by the Federal Communications Commission.
``(4) Phase ii e-911 services.--The term `phase II E-911
services' means only phase II enhanced 911 services, as
described in such section 20.18 (47 CFR 20.18), as in effect on
such date, or as subsequently revised by the Federal
Communications Commission.''.
SEC. 3. REPORT ON THE DEPLOYMENT OF E-911 PHASE II SERVICES BY TIER III
SERVICE PROVIDERS.
Within 90 days after the date of enactment of this Act, the Federal
Communications Commission shall submit a report to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate detailing--
(1) the number of tier III commercial mobile service
providers that are offering phase II E-911 services;
(2) the number of requests for waivers from compliance with
the Commission's phase II E-911 service requirements received
by the Commission from such tier III providers;
(3) the number of waivers granted or denied by the Commission
to such tier III providers;
(4) how long each waiver request remained pending before it
was granted or denied;
(5) how many waiver requests are pending at the time of the
filing of the report;
(6) when the pending requests will be granted or denied;
(7) actions the Commission has taken to reduce the amount of
time a waiver request remains pending; and
(8) the technologies that are the most effective in the
deployment of phase II E-911 services by such tier III
providers.
Purpose and Summary
The purpose of H.R. 2898, the E-911 Implementation Act of
2003, is to facilitate coordination and communication between
federal, state, and local emergency communications systems,
emergency personnel, public safety organizations,
telecommunications carriers, and telecommunications equipment
manufacturers and vendors involved in the implementation of E-
911 services.
Background and Need for Legislation
The nation's wireline telephone infrastructure provides a
quick and reliable means of obtaining emergency services.
Throughout the United States, many lives have been saved by the
existence of so-called 911 services and the rapid response that
emergency personnel can make to a 911 caller. 911 calls are
typically routed by a local exchange carrier (LEC) to a public
safety answering point (PSAP) staffed by professionals trained
to assist callers in need of emergency assistance and to direct
calls to police, fire, and health emergency response personnel.
The advent of enhanced 911 (E-911) services has added
features that permit even more efficient and rapid response by
emergency service personnel. In areas with E-911 service, the
LEC identifies the telephone number from which the wireline 911
call is made through automatic number identification (ANI). The
LEC then accesses a database to determine the address
associated with that telephone number and routes the call and
the automatic location information (ALI) to the appropriate
PSAP for emergency response. This ALI information helps
facilitate a rapid response by emergency service personnel,
particularly when a caller is disoriented, disabled, unable to
speak, or unable to convey his or her location.
An increasing number of emergency calls are placed from
wireless rather than wireline telephones. The United States has
more than 140 million wireless customers, many of whom witness
or experience accidents when they are in reach of their
wireless phones but miles from a wireline telephone. Wireless
phones present the opportunity to drastically reduce emergency
response time and save even more lives.
In 1999, Congress enacted the Wireless Communications and
Public Safety Act, which designated 911 as the universal
emergency telephone number within the United States for
reporting an emergency and requesting assistance. In addition,
to ensure that wireless 911 services achieve their potential
life-saving capabilities, the Federal Communications Commission
(the Commission) has spent more than seven years promulgating
rules to make wireless 911, and, in particular, wireless E911,
a reality.
The basic 911 rules require wireless carriers to transmit
all 911 calls to a PSAP even if the call was placed by a non-
subscriber. These rules are designed to avoid a situation in
which someone in need of emergency services had to first prove
that he or she was a subscriber before the wireless carrier
would transmit the call to a PSAP.
The Commission required its E-911 rules for wireless
carriers to be implemented in two phases. As of April 1, 1998,
or within six months of a request by a PSAP, whichever is
later, wireless carriers are required to provide to the
appropriate PSAP the telephone number of the originator of a
911 call and the location of the cell site or base station
receiving the 911 call. These rules achieve two goals. First,
the rules provide emergency personnel with some information
concerning the general location from which a wireless 911 call
has been made. In addition, the Phase I rules enable emergency
personnel to re-establish a connection with a caller if the
call is lost.
The Phase II rules focus on the ability of a wireless
carrier to provide ALI. Initially, the Commission believed that
ALI would be implemented by wireless carriers using network-
based technologies. However, since the rules were originally
conceived, location technologies for handsets have become
commercially viable. As a result, in September 1999, the
Commission established separate accuracy requirements and
deployment schedules for network-based and handset-based
technologies.
E-911 Phase II rules, for both handset and network-based
solutions, originally required such solutions to be
implemented, at least in part, by October of 2001. However, at
that time, as a result of numerous technological, operational,
and economic issues, the Commission revised its schedule for E-
911 Phase II compliance.
In its revised rules, the Commission required wireless
carriers to file quarterly reports to enable the Commission to
monitor progress made by the carriers in implementing E-911.
For five of the six largest wireless carriers (AT&T Wireless,
Cingular Wireless, Nextel, Sprint PCS, and Verizon Wireless),
the Commission established company-specific schedules for E-911
implementation depending upon the technology used to provide
ALI. In July 2002, the Commission also granted waivers fromthe
Phase II implementation deadlines to mid-sized and small wireless
carriers.
After the Commission revised its E-911 implementation
schedule in October 2001, the agency realized that it needed
assistance in clarifying the technological, operational, and
economic issues facing Phase II deployment and in finding
solutions to those problems. As a result, the Commission turned
to Dale Hatfield, a former head of the Commission's Office of
Engineering and Technology. Hatfield conducted a six-month
inquiry that began on April 15, 2002 at the conclusion of which
he produced a report (the Hatfield Report), which included his
findings and recommendations.
The Hatfield Report cites several problems facing Phase II
E-911 deployment. First, Hatfield concludes that federal and
state E-911 implementation programs are fragmented, and that
coordination among public and private entities needs to be
vastly improved. Second, Hatfield finds that E-911 deployment
is being slowed because many PSAPs vary wildly with respect to
technological capabilities, and lack a cost recovery mechanism.
Moreover, in some cases, E-911 funds derived from cost recovery
mechanisms are being diverted for other governmental purposes.
Third, Hatfield asserts that LECs play an extremely important,
and often overlooked, role in E-911 deployment, and that the
LEC-portion of the E-911 equation presents some serious
problems that need to be addressed, especially the fact that
the existing wireline infrastructure in some areas is
antiquated. Fourth, Hatfield concludes that many technical
hurdles still remain to E-911 deployment and that vendors are
not providing E-911 solutions that necessarily work in all
geographic and topographical areas.
The Hatfield Report makes a number of recommendations.
Hatfield calls for closer cooperation at the federal and state
level and among all parties responsible for E-911 deployment.
In particular, Hatfield recommends that a ``National 911
Program Office'' be established within the Department of
Homeland Security. Hatfield also calls on the Commission,
directly or through an advisory committee, to help address
technical problems and to serve as a clearinghouse for
information. In addition, Hatfield concludes that greater
attention needed to be paid to the implementation of cost
recovery mechanisms for PSAPs and to the pricing of services
provided by LECs to PSAPs. Further, the Hatfield Report
recommends that the Commission foster industry cooperation on
industry-wide procedures for testing and certification of
wireless E-911.
H.R. 2898 attempts to remedy several of the problems
identified in the Hatfield Report. H.R. 2898 creates a national
office to facilitate greater coordination and communication
among E-911 stakeholders and to serve as a clearinghouse for E-
911 -related information. H.R. 2898 also focuses attention on
the diversion of E-911 funds by states and other taxing
jurisdictions by denying entities located in such jurisdiction
access to E-911 -related grants.
Hearings
The Subcommittee on Telecommunications and the Internet
held a hearing on H.R. 2898 on September 11, 2003. The
Subcommittee received testimony from the Honorable Tim Berry,
State Treasurer, State of Indiana; John Muleta, Chief of the
FCC's Wireless Telecommunications Bureau; Anthony Haynes,
Executive Director, Tennessee Emergency Communications Board;
and Terry Addington, President and CEO, First Cellular of
Southern Illinois.
Committee Consideration
On Tuesday, September 23, 2003, the Subcommittee on
Telecommunications and the Internet met in open markup session
and approved H.R. 2898 for Full Committee consideration, as
amended, by a voice vote, a quorum being present. On Wednesday,
October 1, 2003, the Full Committee met in open markup session
and ordered H.R. 2898 favorably reported to the House, as
amended, by a voice vote, a quorum being present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 2898 reported. A motion by Mr. Tauzin to order H.R. 2898
reported to the House, as amended, was agreed to by a voice
vote. Chairman Tauzin asked for and received unanimous consent
to make technical and conforming changes to the bill.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a legislative
hearing and made findings that are reflected in this report.
Statement of General Performance Goals and Objectives
The goal of H.R. 2898 is to facilitate better coordination
and communications among stakeholders involved in E-911 Phase 2
implementation.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2898, the E-911 Implementation Act of 2003, would result in
changes to budget authority, entitlement authority, and tax
expenditures and revenues to the extent stated below in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Committee Cost Estimate
The Committee adopts as its own cost estimate prepared by
the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 7, 2003.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC,
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2898, the E-911
Implementation Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Melissa
Zimmerman.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 2898--E-911 Implementation Act of 2003
Summary: H.R. 2898 would authorize the appropriation of
$100 million a year to the National Telecommunications and
Information Agency (NTIA) for grants to state and local
governments and tribal organizations for improving emergency
communications services. It also would establish the E-911
Implementation Coordination Office within the NTIA to
administer these grants and to improve coordination of
emergency communications services.
H.R. 2898 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would benefit state, local, and tribal governments by
authorizing grants to enhance services for emergency
communication.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2898 is shown in the following table.
The costs of this legislation fall within budget function 370
(commerce and housing credit).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level...................................... 107 107 107 107 107
Estimated outlays.................................................. 45 87 107 107 107
----------------------------------------------------------------------------------------------------------------
Basis of estimate: H.R. 2898 would authorize the
appropriation of $100 million a year to NTIA for grants to
state and local governments and tribal organizations for
improving emergency communications systems. The bill also would
establish the E-911 Coordination Office within the NTIA to
administer these grants and to improve coordination between
Federal, state, and local emergency communications services,
emergency personnel, public safety organizations,
telecommunications carriers, and telecommunications equipment
manufacturers and vendors involved with emergency services.
Based on information provided by NTIA, CBO estimates that
administering these grants and performing other
responsibilities under the bill would cost NTIA about $7
million a year. Assuming appropriation of the authorized
amounts for the grants and performing other responsibilities
under the bill would cost NTIA about $7 million a year.
Assuming appropriation of the authorized amounts for the grants
and the estimated administration needs of the new E-911
Coordination Office, CBO estimates that implementing the grant
program through this new office would cost $45 million in 2004
and $453 million over the 2004-2008 period.
Intergovernmental and private-sector impact: This bill
contains no intergovernmental or private-sector mandates as
defined in UMRA. It would benefit state, local, and tribal
governments by authorizing matching grants to enhance services
for emergency communication. Any costs to those governments
would be incurred voluntarily as conditions of receiving
federal aid.
Previous CBO estimates: On August 26, 2003, CBO transmitted
a cost estimate for S. 1250, the Enhanced 911 Emergency
Communications Act of 2003, as ordered reported by the Senate
Committee on Science, Commerce, and Transportation on July 17,
2003. S. 1250 would authorize the appropriation of $500 million
a year to the NTIA for grants for improving emergency
communications services, while H.R. 2989 would authorize $100
million a year for the grants. S. 1250 also would direct the
Federal Communications Commission to monitor the collection and
spending of fees levied by states for the purposes of
supporting emergency communications systems, while H.R. 2898
does not. Finally, S. 1250 would establish a multi-agency
taskforce for improving coordination of emergency
communications systems while H.R. 2898 would charge the NTIA
with that responsibility. Our cost estimates reflect those
differences.
Estimate prepared by: Federal Costs: Melissa E. Zimmerman.
Impact on State, Local, and Tribal Governments: Melissa
Merrell. Impact on the Private Sector: Jean Talarico.
Estimate approved by: Peter H. Fontaine, 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
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII 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.
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.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 establishes the short title of the bill, the ``E-
911 Implementation Act of 2003.''
Section 2. Coordination of E-911 implementation
Section 2 of the bill amends the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 901 et seq.) by creating a new Section 158.
Section 158(a)(1) establishes an E-911 Implementation
Coordination Office (the Office) to facilitate coordination and
communication between federal, state, and local emergency
communications systems, emergency personnel, public safety
organizations, telecommunications carriers, and
telecommunications equipment manufacturers and vendors involved
in the implementation of E-911 services.
Section 158(a)(2) sets forth the purposes of the Office.
The Office is required to (1) take actions in conjunction with
state E-911 coordinators to improve coordination and
communication among E-911 stakeholders; (2) develop, collect,
and disseminate E-911-related information; (3) help eligible
entities prepare E-911 implementation plans; and, (4)
administer the E-911 grant program.
Section 158(a)(3) requires the Assistant Secretary of
Commerce for Communications and Information (NTIA
Administrator) to provide an annual report to Congress on the
activities of the office to improve coordination and
communication with respect to E-911 implementation.
Section 158(b)(1) requires the NTIA Administrator, after
consultation with the Secretary of Homeland Security and the
Chairman of the Federal Communications Commission, to provide
grants for Phase II E-911 implementation through the Office to
eligible entities. The Phase II E-911-related activities for
which grants may be awarded are planning, infrastructure
improvements, telecommunications equipment purchases, and
personnel training.
Section 158(b)(2) provides that the federal share of the
cost of a project eligible for a grant awarded under this
section cannot exceed 50 percent. Section 158(b)(2) also
requires that the non-federal share of the cost must be
provided from non-federal sources.
Section 158(b)(3) provides that a state government that is
an eligible entity receiving a grant under this section must
certify in its application that the entity has (1) coordinated
its application with PSAPs in the state; (2) designated a
single officer or government body of the state as the
coordinator of E-911 implementation; (3) established a plan for
the coordination and implementation of E-911 services; and, (4)
integrated its telecommunications services involved in E-911
implementation and delivery. Section 158(b)(3) clarifies,
however, that to be an eligible entity, a state does not have
to vest its E-911 coordinator with direct legal authority to
implement E-911 services or manage emergency communications
operations.
Section 158(b)(3) also requires an eligible entity that is
not a state to (1) coordinate its application with PSAPs in the
state; (2) establish a plan for the coordination and
implementation of E-911 services; and, (3) integrate its
telecommunications services involved in E-911 implementation
and delivery. In addition, the state in which the eligible
entity is located must have designated an E-911 coordinator.
Section 158(b)(4) requires the NTIA Administrator to issue
regulations regarding the grant program within 180 days of
enactment that prescribe the criteria for selection for grants.
Section 158(c)(1) defines ``designated E-911 charges'' as
any taxes, fees, or other charges imposed by a state or other
taxing jurisdiction that appear on telecommunications services
customer bills and are designated or presented as dedicated to
deliver or improve E-911 services. By ``fees, taxes, and other
charges imposed by a State or other taxing jurisdiction,'' the
Committee means fees, taxes, and other charges that a state or
other taxing jurisdiction requires a telecommunications carrier
to collect and remit to the state or other jurisdiction, and
not fees that telecommunications carriers collect from their
customers to defray the carriers' E-911 costs.
Section 158(c)(2) requires grant applicants to make a
certification at the time of application, and annually
thereafter during the period in which funds are available for
entities awarded grants. The applicants (and recipients) must
certify that no portion of any designated E-911 charges imposed
by a state or other taxing jurisdiction within which the
applicant (or recipient) is located are being diverted to other
purposes.
Section 158(c)(3) requires each applicant to agree to
return any funds from a grant if a state or taxing jurisdiction
in which the applicant is located diverts E-911 monies to other
purposes during the period in which funds are available for
entities awarded grants.
Section 158(c)(4) provides that any applicant that makes a
certification under this section knowing that such information
is false shall not be eligible to receive any grant under this
section, including the one that is the subject of the
certification, and shall return any funds awarded during the
time that the certification was not valid.
Section 158(d) authorizes $100,000,000 to be appropriated
annually for each of the fiscal years 2004 through 2008.
Section 158(d) also terminates the section effective on October
1, 2008.
Section 158(e)(1) defines the term ``Office'' to mean the
E-911 Implementation Coordination Office.
Section 158(e)(2) defines an eligible entity as a state,
local government, or tribal organization, and includes public
authorities, boards, commissions, and similar bodies created by
one (or more) state, local government, or tribal organization.
The term ``eligible entity'' does not include any entity that
has failed to submit the most recently required certification
within 30 days after such certification is due.
Section 158(e)(3) defines E-911 services as both Phase I
and Phase II enhanced 911 services as described by the
Commission in 47 CFR 20.18, as in effect on the date of
enactment or as subsequently amended by the Commission.
Section 158(e)(4) defines Phase II E-911 services as such
services are described by the Commission in 47 CFR 20.18, as in
effect on the date of enactment or as subsequently amended by
the Commission.
Section 3. Report on the deployment of E-911 Phase II services by Tier
III service providers
Section 3 requires the Commission to report to the
Committee and to the Senate Committee on Commerce, Science, and
Transportation within 90 days regarding the Commission's
process for granting waivers to Tier III commercial mobile
service providers from the Commission's Phase II E-911 rules.
The report must detail the number of Tier III carriers offering
Phase II services, the number of such carriers that have
requested waivers from the Phase II E-911 rules, the number of
waivers by Tier III carriers granted or denied, how long each
waiver remained pending before granted or denied, the number of
waiver requests pending at the time of the report and when such
requests will be granted or denied, and actions taken by the
Commission to reduce the amount of time a waiver request
remains pending.
Section 3 also provides that the report must also detail
the technologies that are the most effective in the deployment
of Phase II E-911 services by Tier III carriers. Because many
Tier III carriers serve rural areas where the terrain makes
some Phase II E-911 solutions difficult to implement, such
carriers will benefit from the Commission's insights regarding
which technologies are proving successful in rural areas in
enabling Tier III carriers to meet the Commission's Phase II E-
911 accuracy requirements.
As the number of waivers filed by Tier III carriers
indicates, such carriers have struggled with implementation of
the Commission's Phase II E-911 requirements. Many of the Tier
III carriers have made a good faith attempt to comply with the
Commission's rules. However, network-based Phase II E-911
solutions are difficult to implement in areas in which cellular
towers are farther apart. In addition, a carrier cannot
currently offer customers handsets that comply with Phase II E-
911 requirements if the carrier has deployed the Time Division
Multiple Access (TDMA) or Global System for Mobility (GSM) air-
interfaces. Further, a carrier with a limited customer base
that deploys the Code Division Multiple Access (CDMA) air-
interface might not be able to purchase Phase II E-911-
compliant handsets directly from a manufacturer. The Committee
hopes that vendors of Phase II E-911 technologies continue to
work with Tier III carriers to find solutions that address the
unique circumstances faced by those carriers.
The Committee finds that the Commission should work with
Tier III carriers that are making a good faith effort to deploy
Phase II E-911 services. The waiver process should be utilized
by the Commission to assist Tier III carriers that need more
time to find the right technological solution to meet the
Commission's accuracy requirements. However, the Commission
should not relax its accuracy standards, nor should the
Commission reward carriers that are not making a good faith
effort to satisfy the Commission's Phase II E-911 requirements.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) 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 (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION
ACT
TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
* * * * * * *
PART C--SPECIAL AND TEMPORARY PROVISIONS
* * * * * * *
SEC. 158. COORDINATION OF E-911 IMPLEMENTATION.
(a) E-911 Implementation Coordination Office.--
(1) Establishment.--The Assistant Secretary shall
establish an E-911 Implementation Coordination Office
to facilitate coordination and communication between
Federal, State, and local emergency communications
systems, emergency personnel, public safety
organizations, telecommunications carriers, and
telecommunications equipment manufacturers and vendors
involved in the implementation of E-911 services.
(2) Purpose of office.--The Office shall--
(A) take actions, in concert with
coordinators designated in accordance with
subsection (b)(3)(A)(ii), to improve such
coordination and communication;
(B) develop, collect, and disseminate
information concerning practices, procedures,
and technology used in the implementation of E-
911 services;
(C) advise and assist eligible entities in
the preparation of implementation plans
required under subsection (b)(3)(A)(iii);
(D) receive, review, and recommend the
approval or disapproval of applications for
grants under subsection (b); and
(E) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
(3) Reports.--The Assistant Secretary shall provide
an annual report to Congress by the first day of
October of each year on the activities of the Office to
improve coordination and communication with respect to
the implementation of E-911 services.
(b) Phase II E-911 Implementation Grants.--
(1) Matching grants.--The Assistant Secretary, after
consultation with the Secretary of Homeland Security
and the Chairman of the Federal Communications
Commission, and acting through the Office, shall
provide grants to eligible entities for the
implementation of phase II E-911 services through
planning, infrastructure improvements,
telecommunications equipment purchases, and personnel
training.
(2) Matching requirement.--The Federal share of the
cost of a project eligible for a grant under this
section shall not exceed 50 percent. The non-Federal
share of the cost shall be provided from non-Federal
sources.
(3) Coordination required.--In providing grants under
paragraph (1), the Assistant Secretary shall require an
eligible entity to certify in its application that--
(A) in the case of an eligible entity that is
a State government, the entity--
(i) has coordinated its application
with the public safety answering points
(as such term is defined in section
222(h)(4) of the Communications Act of
1934) located within the jurisdiction
of such entity;
(ii) has designated a single officer
or governmental body of the entity to
serve as the coordinator of
implementation of E-911 services,
except that such designation need not
vest such coordinator with direct legal
authority to implement E-911 services
or manage emergency communications
operations;
(iii) has established a plan for the
coordination and implementation of E-
911 services; and
(iv) has integrated
telecommunications services involved in
the implementation and delivery of
phase II E-911 services; or
(B) in the case of an eligible entity that is
not a State, the entity has complied with
clauses (i), (iii), and (iv) of subparagraph
(A), and the State in which it is located has
complied with clause (ii) of such subparagraph.
(4) Criteria.--The Assistant Secretary shall issue
regulations within 180 days of the enactment of the E-
911 Implementation Act of 2003, after a public comment
period of not less than 60 days, prescribing the
criteria for selection for grants under this section,
and shall update such regulations as necessary.
(c) Diversion of E-911 Charges.--
(1) Designated e-911 charges.--For the purposes of
this subsection, the term ``designated E-911 charges''
means any taxes, fees, or other charges imposed by a
State or other taxing jurisdiction that--
(A) appear on telecommunications services
customers' bills; and
(B) are designated or presented as dedicated
to deliver or improve E-911 services.
(2) Certification.--Each applicant for a matching
grant under this section shall certify to the Assistant
Secretary at the time of application, and each
applicant that receives such a grant shall certify to
the Assistant Secretary annually thereafter during any
period of time during which the funds from the grant
are available to the applicant, that no portion of any
designated E-911 charges imposed by a State or other
taxing jurisdiction within which the applicant is
located are being obligated or expended for any purpose
other than the purposes for which such charges are
designated or presented.
(3) Condition of grant.--Each applicant for a grant
under this section shall agree, as a condition of
receipt of the grant, that if the State or other taxing
jurisdiction within which the applicant is located,
during any period of time during which the funds from
the grant are available to the applicant, obligates or
expends designated E-911 charges for any purpose other
than the purposes for which such charges are designated
or presented, all of the funds from such grant shall be
returned to the Secretary.
(4) Penalty for providing false information.--Any
applicant that provides a certification under paragraph
(1) knowing that the information provided in the
certification was false shall--
(A) not be eligible to receive the grant
under subsection (b);
(B) return any grant awarded under subsection
(b) during the time that the certification was
not valid; and
(C) not be eligible to receive any subsequent
grants under subsection (b).
(d) Authorization; Termination.--
(1) Authorization.--There are authorized to be
appropriated to the Department of Commerce not more
than $100,000,000 for each of the fiscal years 2004
through 2008 for grants under this section.
(2) Termination.--The provisions of this section
shall cease to be effective on October 1, 2008.
(e) Definitions.--As used in this section:
(1) Office.--The term ``Office'' means the E-911
Implementation Coordination Office.
(2) Eligible entity.--
(A) In general.--The term ``eligible entity''
means a State or local government or a tribal
organization (as defined in section 4(l) of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l))).
(B) Instrumentalities.--Such term includes
public authorities, boards, commissions, and
similar bodies created by one or more eligible
entities described in subparagraph (A) to
provide E-911 services.
(C) Exception.--Such term does not include
any entity that has failed to submit the most
recently required certification under
subsection (c) within 30 days after the date on
which such certification is due.
(3) E-911 services.--The term ``E-911 services''
means both phase I and phase II enhanced 911 services,
as described in section 20.18 of the Commission's
regulations (47 CFR 20.18), as in effect on the date of
enactment of this section, or as subsequently revised
by the Federal Communications Commission.
(4) Phase ii e-911 services.--The term ``phase II E-
911 services'' means only phase II enhanced 911
services, as described in such section 20.18 (47 CFR
20.18), as in effect on such date, or as subsequently
revised by the Federal Communications Commission.