[House Report 106-25]
[From the U.S. Government Publishing Office]
106th Congress Rept.
1st Session HOUSE OF REPRESENTATIVES 106-25
=======================================================================
WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999
_______
February 23, 1999.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bliley, from the Committee on Commerce, submitted the following
R E P O R T
[To accompany H.R. 438]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, to whom was referred the bill
(H.R. 438) to promote and enhance public safety through use of
911 as the universal emergency assistance number, 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.............................................. 4
Background and Need for Legislation.............................. 5
Hearings......................................................... 9
Committee Consideration.......................................... 9
Roll Call Votes.................................................. 9
Committee Oversight Findings..................................... 10
Committee on Government Reform Oversight Findings................ 10
New Budget Authority, Entitlement Authority, and Tax Expenditures 10
Committee Cost Estimate.......................................... 10
Congressional Budget Office Estimate............................. 10
Federal Mandates Statement....................................... 12
Advisory Committee Statement..................................... 12
Constitutional Authority Statement............................... 12
Applicability to Legislative Branch.............................. 12
Section-by-Section Analysis of the Legislation................... 13
Changes in Existing Law Made by the Bill, as Reported............ 16
Appendix......................................................... 19
Amendment
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 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the establishment and maintenance of an end-to-end
emergency communications infrastructure among members of the
public, local public safety, fire service, and law enforcement
officials, emergency dispatch providers, 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, and emergency dispatch providers, and
the designation of 911 as the number to call in emergencies
throughout the Nation;
(3) improved public safety remains an important public health
objective of Federal, State, and local governments and
substantially facilitates interstate and foreign commerce;
(4) the benefits of wireless communications in emergencies
will be enhanced by the development of state-wide plans to
coordinate the efforts of local public safety, fire service,
and law enforcement officials, emergency dispatch providers,
emergency medical service providers on end-to-end emergency
communications infrastructures; and
(5) 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.
(a) Establishment of Universal Service 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 1999.''.
(b) Technical Support.--The Federal Communications Commission shall
provide technical support to States to support and encourage the
development of statewide plans for the deployment and functioning of a
comprehensive end-to-end emergency communications infrastructure,
including enhanced wireless 911 service, on a coordinated statewide
basis. In supporting and encouraging such deployment and functioning,
the Commission shall consult and cooperate with State and local
officials responsible for emergency services and public safety, the
telecommunications industry (specifically including the cellular and
other wireless telecommunications service providers), 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).
SEC. 4. 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. 5. AUTHORITY TO PROVIDE CUSTOMER 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
paragraphs:
``(4) to provide call location information concerning the
user of a commercial mobile service (as such term is defined in
section 332(d))--
``(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;
``(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
``(C) to providers of information or database
management services solely for purposes of assisting in
the delivery of emergency services in response to an
emergency; or
``(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 (h) and by
inserting before such subsection the following new subsections:
``(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
or disclosure of or access to--
``(1) call location information concerning the user of a
commercial mobile service (as such term is defined in section
332(d)), other than in accordance with subsection (d)(4); or
``(2) automatic crash notification information to any person
other than for use in the operation of an automatic crash
notification system.
``(g) Subscriber Listed and Unlisted Information for Emergency
Services.--Notwithstanding subsections (b), (c), and (d), a
telecommunications carrier that provides telephone exchange service
shall provide information described in subsection (h)(3)(A) (including
information pertaining to subscribers whose information is unlisted or
unpublished) that is in its possession or control (including
information pertaining to subscribers of other carriers) on a timely
and unbundled basis, under nondiscriminatory and reasonable rates,
terms, and conditions to providers of emergency services, and providers
of emergency support services, solely for purposes of delivering or
assisting in the delivery of emergency services.'';
(3) in subsection (h)(1)(A) (as redesignated by paragraph
(2)), by inserting ``location,'' after ``destination,''; and
(4) in such subsection (h), by adding at the end the
following new paragraphs:
``(4) Public safety answering point.--The term `public safety
answering point' means a facility that has been designated to
receive emergency calls and route them to emergency service
personnel.
``(5) Emergency services.--The term `emergency services'
means 911 emergency services and emergency notification
services.
``(6) Emergency notification services.--The term `emergency
notification services' means services that notify the public of
an emergency.
``(7) Emergency support services.--The term `emergency
support services' means information or data base management
services used in support of emergency services.''.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) The term ``State'' means any of the several States, the
District of Columbia, or any territory or possession of the
United States.
(2) 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.
(3) 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.
(4) 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.
(5) The term ``wireless 911 service'' means any 911 service
provided by a wireless carrier, including enhanced wireless 911
service.
Purpose and Summary
The purpose of H.R. 438, the Wireless Communications and
Public Safety Act of 1999, is to promote and enhance public
safety through the use of wireless communications services. The
bill does so by requiring that the Federal Communications
Commission (FCC or the Commission) designate ``911'' as the
universal emergency telephone number for both wireline and
wireless telephone calls. H.R. 438 also requires the FCC to
provide support to the States in the development of State-wide
coordinated plans for the deployment of end-to-end
communications infrastructure for emergency services, and
provides incentives for greater deployment and use of wireless
telecommunications services.
To encourage the rapid deployment of wireless
telecommunications facilities, 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. Currently, in many areas
across the country, there are ``holes'' or ``dead zones'' in
the wireless network where a wireless call cannot be
transmitted due to the absence of a nearby cellular or personal
communications services (PCS) antenna. The extension of
protection from liability to wireless carriers, of the same
degree enjoyed in a particular State by a wireline carrier,
will facilitate filling in these dead zones and the provision
of emergency wireless services, thereby enhancing public
safety. The bill also encourages the provision and use of
wireless services by providing protection to users'' location
information by specifying the conditions under which such
information may be disclosed to third parties.
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 68 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 36 million calls to 911 placed on wireless phones
annually, or 98,000 a day. The call volume has increased from
30 million in 1997, or 84,000 a day. This volume is expected to
increase 20 percent annually. 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. A wireless telephone
is worthless unless the call goes through.
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
General Services Administration (GSA) have engaged in any kind
of concerted effort to make their properties available for
antenna siting. The Committee believes the Administration must
expeditiously address this failure by numerous agencies to
comply with the President's 1995 memorandum and provisions in
the 1996 Telecommunications Act.
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. The
Committee,therefore, notes with encouragement the National Park
Service (NPS) memorandum, included in this report, in which NPS commits
to facilitating and expediting the leasing of Federal property under
its control to site wireless telecommunications antennae.
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 over 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
Representative Pat Danner from the Committee's March 24, 1998
oversight hearing:
Last year, on Thanksgiving Day, a couple from Lenexa,
Kansas was driving on U.S. 71 in Southwestern Missouri
. This couple, Greg and Luann Bertaux, observed a
minivan weaving through traffic, driving at an erratic
speed, and crossing both the road's shoulder and its
center line. Using a cellular phone, Luann tried to
reach assistance. However, because she was unaware that
the cellular emergency number in Missouri is *55, she
was unable to reach assistance quickly.
After attempting several different numbers (911,
information for the local police, but since they were
from out of State, they weren't sure of their location.
etc.), she was finally able to reach an operator who
connected her to a local police station. However, by
that time, it was too late. As the police were
beginning to erect a roadblock, the minivan collided
with an oncoming vehicle, resulting in the death of
three people, including a two year old child and his 22
year old mother. This tragic accident might have been
avoided if Mrs. Bertaux had been able to reach
authorities on her first attempt.
It is troubling that this tragic situation could
occur almost anywhere in the nation. In fact, if a
motorist were to travel from the 6th Congressional
District of Missouri to Washington, D.C. on I-70, the
traveler would have to know to dial *55 in Missouri,
*999 in Illinois, 911 in Indiana, *DUI in Ohio, 911 in
Pennsylvania, and *77 in Maryland. In other words, the
6 States between Kansas City and Washington, D.C. have
5 different cellular assistance numbers. Further, in
the United States as a whole, there are as many as 15
cellular assistance numbers. Some States actually have
two cellular emergency numbers: in Kansas, for
instance, a motorist on the Kansas Turnpike would dial
*KTA, but would have to dial *47 from all other
roadways. The system simply should not be so
convoluted. (Serial No. 105-74, p. 5).
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 when travelers or
mobile users away from the safety of their homes are in danger,
or need to report dangerous or illegal behavior, 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. 438 does so by directing
the FCC to use its existing and exclusive numbering authority
to designate 911 as the nationwide emergency number.
Lastly, it is also important that when a public safety
answering point (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 user 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. In some instances, a user that has
sustained a serious injury may be unable to communicate any
useful location information.
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 necessary to receive the enhanced information, they
currently do not request number and cell-site information. 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 or engage in State-wide coordination for
deploying end-to-end communications infrastructure for
emergency services.
The implementation of this important FCC Enhanced 911 Order
(E911) and the broader goals described by the findings of this
legislation require significant cooperation amongst the
stakeholder parties, and significant leadership by all levels
of government, both Federal, State and local. A central purpose
of the legislation is to encourage that cooperation and
leadership. The Committee recognizes that most of the key
decisions in this area will not be made by the Federal
government; they will be made in the private sector, and by
State and local governments. Moreover, this legislation is only
one part of the solution.
One section of the legislation directs the FCC to play a
much more assertive role in encouraging and assisting the
States to deploy these advanced safety systems. Since the
Commission's 1996 E911 Order, reaffirmed at the end of 1997,
implementation has lagged. For instance, only 6-7 percent of
the country is now served by systems operating under the
requirement, that was supposed to be met in April 1998 , for
automatic number identification to be forwarded upon PSAP
request. The Committee's strong intent is that the Commission
must lead, identifying and seeking solutions to overcome
barriers for the implementation of end-to-end emergency
communications systems.
There is a wide variation in State and local emergency
communications systems in the United States. Most do not have
the software or equipment to accept wireless enhanced 911 data,
much less sophisticated automatic crash triage information, and
coordinated networks with emergency medical facilities. The
purpose of the legislation is to encourage investment in
emergency communications systems and other public safety
initiatives, so that emergency organizations of States and
localities are equipped with 21st Century technology to address
the public safety challenges they currently face.
The Committee recognizes that many States currently
administer effective 911 systems. The Committee also recognizes
that most of the actual implementation of E911 systems will be
at the local level. So the Committee supports a careful balance
between the need for Federal and State leadership and the
responsibilities of local jurisdictions and others to provide
911 dispatching and emergency services. It is, therefore, not
the intent of the Committee that any State 911 laws be
superseded. Rather, the legislation is intended to encourage
the Commission and the States to develop and implement
coordinated State plans to upgrade 911 systems--and to do so
with all the affected parties involved in the process.
The physics and market structure of commercial wireless
telecommunications, and the nature of emergency medical
services mean, as a practical matter, that the end-to-end
emergency communications systems contemplated by the
legislation cannot be entirely developed in many or most cases
on a city by city, or county by county basis, although local
government will play a central planning and implementation
role. With wireless carrier service areas spanning multiple
jurisdictions (and even multiple States), with trauma and other
emergency medical services often serving multiple
jurisdictions, and with 15,000 PSAPs, there clearly needs to be
coordinated, State-wide efforts to rationalize and advance
emergency networks, procedures, and policies. This is true for
E911, as well as for follow-on technologies such as Automatic
Crash Notification, intelligent transportation systems, and
similar efforts.
The legislation requires the Commission to encourage and
assist the States in developing and implementing end-to-end
systems, and to consult with key State officials (the heads of
the lead agencies affected, e.g., State public safety, State
EMS, and the like), key local officials (e.g., heads of 911
agencies), and a variety of other stakeholders ranging from
medical professionals to transportation officials to automobile
consumer groups. The Committee believes that the best way to
enhance public safety by deploying these new technologies is to
involve all the key stakeholders in overall planning and keep
them involved as the technologies are implemented. Synergies
resulting in enhanced public safety may be achieved by
integrating the planning of wireless emergency communications
with technologies for highway congestion and traffic
management. Integrating intelligent transportation technologies
and emergency communications should reduce the costs of both in
saving lives, reducing injuries, and improving the efficiency
of our nation's highways.
The Committee believes strongly that the construction and
operation of seamless, ubiquitous, reliable wireless systems
serve the public interest by enhancing public safety, improving
the usefulness of communications services, and facilitating
interstate commerce. 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 a legislative hearing on H.R. 438 on February
3, 1999. The Subcommittee received testimony from: Mr. Thomas
Sugrue, Wireless Telecommunications Bureau Chief, Federal
Communications Commission; Captain Joe Hanna, Richardson Texas
Police Department on behalf of the Association of Public-Safety
Communications Officials, International Inc.; Ms. Maureen
Finnerty, Associate Director, Parks Operations and Education,
Department of the Interior; Mr. Thomas E. Wheeler, President
and CEO, Cellular Telecommunications Industry Association; Mr.
James X. Dempsey, Senior Staff Counsel, Center for Democracy
and Technology; and, Mr. Michael Amarosa, Vice President,
Public Affairs, TruePosition, Inc.
Committee Consideration
On February 10, 1999, the Subcommittee on
Telecommunications, Trade, and Consumer Protection met in open
markup session and approved H.R. 438, the Wireless
Communications and Public Safety Act of 1999, for Full
Committee consideration, amended, by a voice vote.
On February 11, 1999, the Committee met in open markup
session and ordered H.R. 438 reported to the House, as amended,
by a voice vote, a quorum being present.
Rollcall Votes
Clause 3(b) of rule XIII 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. 438
reported. A motion by Mr. Bliley to order H.R. 438 reported to
the House, as amended, was agreed to by a voice vote, a quorum
being present.
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.
Committee on Government Reform Oversight Findings
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, no oversight findings have been
submitted to the Committee by the Committee on Government
Reform.
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 concurs with the
finding of the Congressional Budget Office that H.R. 438, the
Wireless Communications and Public Safety Act of 1999, would
result in no new or increased budget authority, entitlement
authority, or tax expenditures or revenues.
Committee Cost Estimate
The Committee adopts as its own the 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, February 23, 1999.
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. 438, the Wireless
Communications and Public Safety Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Kim Cawley
(for federal costs), Lisa Cash Driskill (for the state and
local impact), and Lesley Frymier (for the private-sector
impact).
Sincerely,
Robert A. Sunshine
(For Dan L. Crippen, Director).
Enclosure.
H.R. 438--Wireless Communications and Public Safety Act of 1999
Summary: H.R. 438 would require the Federal Communications
Commission (FCC) to designate 911 as the universal emergency
telephone number for wireline and wireless service within the
United States for reporting an emergency to appropriate
authorities and requesting assistance. The bill also would
provide protection for wireless carriers and persons using
wireless 911 services from liability associated with
transmission errors or other technical failures. Under the
bill, such liability protection would be no less than that
provided in federal and state law for wireline 911 services and
users.
CBO estimates that enacting H.R. 438 would have no
significant effect on the federal budget. H.R. 438 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). H.R. 438 would impose a new private-sector mandate
on telecommunications carriers that provide telephone exchange
service. CBO estimates that the direct cost of the new private-
sector mandate would fall well below the statutory threshold as
defined in UMRA ($100 million in 1996, adjusted annually for
inflation).
Estimated cost to federal government: Based on information
from the FCC, CBO estimates that promulgating regulations to
implement this bill would cost less than $500,000, assuming the
availability of appropriated funds. Furthermore, under current
law the FCC is authorized to collect fees from the
telecommunications industry sufficient to offset the cost of
its regulatory program. Therefore, CBO estimates the net
budgetary effect of H.R. 438 would be negligible.
Pay-as-you-go considerations: None.
Estimated impact on state, local & tribal governments--
Mandates: H.R. 438 contains intergovernmental mandates as
defined in UMRA, but CBO estimates that they would impose no
costs on state and local governments. The bill would preempt
state laws to provide users of wireless 911 services and
wireless companies protection from liability that is not less
than that provided to users of 911 wireline service and
wireline companies. States would have the ability to enact
legislation that could alter some aspects of the parity of
protection afforded to wireless companies, if they did so
within two years of the passage of this bill. The bill would
prevent states from applying a higher standard of liability to
wireless 911 services than is applied to wireline 911 services.
Information from industry sources and associations of state
and local governments 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. Because states would not be
required to pass legislation for these liability protections to
apply, CBO estimates that no costs would be associated with the
mandates.
Other Impacts. Section 3 would direct 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 is limited to private carriers, not
state and local governments, CBO believes that it is unlikely
that this section would impose an intergovernmental mandate
requiring state and local governments to change their emergency
numbering systems.
Estimated impact on the private sector: H.R. 438 would
impose a new private-sector mandate on telecommunications
carriers that provide exchange service. Those companies would
be required to provide subscriber information (including
unlisted and unpublished information) to providers of 911
emergency services and emergency notification services and to
providers of information or database management services used
in support of certain emergency services.
According to the FCC, this new mandate would apply to local
phone companies and some wireless carriers. Under current law,
local phone companies are already required to provide published
(but not unlisted or unpublished) subscriber information to any
person, upon request, for the purpose of publishing
directories. According to industry sources, many carriers
voluntarily provide this information to 911 providers as well.
In addition, based on information from the Cellular Telephone
Industry Association, CBO does not expect the mandate to impose
significant costs on the wireless industry. Therefore, CBO
estimates that the direct costs of complying with the new
private-sector mandate would fall well below the statutory
threshold established in UMRA ($100 million in 1996, adjusted
annually for inflation).
Estimate prepared by: Federal Costs: Kim Cawlay. Impact on
State, Local, and Tribal Governments: Lisa Cash Driskill.
Impact on the Private Sector: Lesley Frymier.
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
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 designates the short title of the bill as the
``Wireless Communications and Public Safety Act of 1999.''
Section 2. Findings and purpose
Section 2 contains the findings and purpose of H.R. 438.
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 State-wide 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 3. Universal emergency telephone number
Section 3 amends subsection 251(e) of the Communications
Act of 1934 by adding a paragraph requiring the FCC to use its
existing and exclusive numbering authority to designate 911 as
the universal emergency telephone number for both wireless and
wireline telecommunications services. In implementing this
provision, the FCC shall require wireless and wireline carriers
to offer 911 to their subscribers as the number to call in an
emergency. Nothing in this section is intended to impose an
obligation on States or localities. Given that many PSAPs do
not currently use 911 as the emergency wireless number, the FCC
may choose to determine that a requirement on the carriers to
offer 911 service, regardless of whether the PSAP has already
converted to 911, would serve the public interest. Such a rule
would thereby permit a user in any location in the United
States to dial 911 on a wireline or wireless phone where
service is available, and be connected to the local PSAP.
The Committee notes that an expeditious implementation of
this section will serve the public's interest in increased
public safety by minimizing subscriber confusion over the
appropriate number to call in an emergency. However, the
legislation allows for a reasonable transition period for those
areas where 911 is not currently the emergency number, in order
to provide wireline and wireless telecommunications carriers
the necessary time to implement the technical modifications to
their networks, to permit translation of 911 at the appropriate
network points into the emergency number in use by the PSAPs in
a particular jurisdiction. Section 3, therefore, requires the
FCC to provide appropriate transition periods for areas in
which 911 is not in use upon enactment. The Committee intends
that these transition periods should be determined by service
area-specific circumstances and capabilities, rather than a
single period applied to all regions. The Committee notes that
the goals of the overall legislation in enhancing public safety
communications require the close cooperation of all key
stakeholder groups.
The Committee urges interested parties to use these
transition periods to convert to 911 as expeditiously as
possible. The Committee expects that the implementation of 911
as the universal emergency number will be a cooperative effort
among the FCC, carriers, PSAPs, and State and local
governments. States retain their existing authority to
establish appropriate mechanisms for the recovery of
implementation costs. However, the Committee urges States to
use their cost-recovery mechanisms to fund transition to 911,
where necessary, as well as to offset costs of providing
enhanced emergency services.
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
callingsystems. This provision is not intended to affect that
decision in any way and the Committee expects that the Commission will
proceed in a manner that serves the public interest.
Subsection 3(b) requires the FCC to support the States in
the development of coordinated, State-wide plans for the
deployment of end-to-end communications infrastructure. By end-
to-end communications infrastructure, the Committee means the
integration of wireless telecommunications services,
intelligent highway systems including automatic crash
notification technology, and PSAP services. The Commission is
required to consult with State and local officials and industry
representatives and medical professionals. The parties listed
represent the key stakeholders in such an infrastructure, but
the list should not be viewed as necessarily exclusive, should
other interested parties wish to be included in such a process.
Section 4. Parity of protection for provision or use of wireless
services
Section 4 is intended to provide wireless carriers with the
same degree of liability protection as enjoyed by wireline
carriers in their provision of telecommunications services. The
Committee received 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 wireless tariffs they file. Subsection 4(a)
provides States two years to enact liability statutes governing
the provision of wireless services. If such State statutes are
not enacted, subsection 4(c) will continue to provide 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.
This section will permit wireless carriers to offer and assess
charges for commercial mobile radio services, including roaming
and new services such as calling party pays, without the risk
of disproportionate liability within a State.
Subsection 4(a) provides liability protection for wireless
emergency calls upon enactment, on a State-by-State parity
basis. Protected emergency activities include transmission
errors, failures, network outages, or other technical
difficulties arising in the 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 4(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.
Section 5. Authority to provide location information
Section 5 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 5 also permits
carriers to provide call location information to transmit crash
information through a motor vehicle's automatic crash
notification system or to providers of information or database
management service providers, to support the delivery of an
emergency service. Section 5 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'' and to require user's express
prior authorization before location information can be used for
commercial purposes. Section 5 further amends Section 222 by
requiring telephone exchange carriers to provide subscriber
information to providers of emergency services and to
information or database management services, for purposes of
delivering, or assisting in the delivery, of emergency
services. Such a carrier would have to provide subscriber
telephone numbers and addresses (including information
pertaining to subscribers whose information is unlisted or
unpublished) that is in its possession or control (including
information pertaining to subscribers of other carriers) on a
timely and unbundled basis, under non-discriminatory terms, to
providers of emergency services, or information or database
management services providers.
New section 222(f) requires a carrier to provide the
required subscriber information on a timely and unbundled
basis, on nondiscriminatory and reasonable rates, terms, and
conditions. The Committee notes that this information is
available in electronic form, and thus it can and should be
provided almost instantaneously in order to satisfy the
``timely'' requirement. In the case of emergency services and
emergency support services, lives may be at stake if entities
cannot obtain updated information on a near-real time basis.
The ``unbundled'' requirement means, for instance, that the
subject information must be made available separate from
customer proprietary network information except as may
otherwise be permitted under section 222. The Committee
stresses that carriers must provide the subject information on
reasonable and nondiscriminatory terms. This imposes an
affirmative duty on carriers to provide the information, and
requires them to make the information available to requesting
entities on terms at least as favorable as they provide it to
themselves or their own affiliates. Finally, the Committee
believes that a ``reasonable'' rate for purposes of this
section should be cost-based, and that this cost should be
minimal in view of the fact that carriers already collect the
required information.
Section 6. Definitions
Section 6 defines ``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(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 (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) * * *
(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))--
(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;
(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
(C) to providers of information or database
management services solely for purposes of
assisting in the delivery of emergency services
in response to an emergency; or
(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 or disclosure of or access
to--
(1) call location information concerning the user of
a commercial mobile service (as such term is defined in
section 332(d)), other than in accordance with
subsection (d)(4); or
(2) automatic crash notification information to any
person other than for use in the operation of an
automatic crash notification system.
(g) Subscriber Listed and Unlisted Information for Emergency
Services.--Notwithstanding subsections (b), (c), and (d), a
telecommunications carrier that provides telephone exchange
service shall provide information described in subsection
(h)(3)(A) (including information pertaining to subscribers
whose information is unlisted or unpublished) that is in its
possession or control (including information pertaining to
subscribers of other carriers) on a timely and unbundled basis,
under nondiscriminatory and reasonable rates, terms, and
conditions to providers of emergency services, and providers of
emergency support services, solely for purposes of delivering
or assisting in the delivery of emergency services.
[(f)] (h) Definitions.--As used in this section:
(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
* * * * * * *
(4) Public safety answering point.--The term ``public
safety answering point'' means a facility that has been
designated to receive emergency calls and route them to
emergency service personnel.
(5) Emergency services.--The term ``emergency
services'' means 911 emergency services and emergency
notification services.
(6) Emergency notification services.--The term
``emergency notification services'' means services that
notify the public of an emergency.
(7) Emergency support services.--The term ``emergency
support services'' means information or data base
management services used in support of emergency
services.
* * * * * * *
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 on the date of enactment of the
Wireless Communications and Public Safety Act of 1999.
* * * * * * *
A P P E N D I X
----------
Department of the Interior,
National Park Service,
Washington, DC.
Hon. Tom Bliley,
Chairman, Committee on Commerce, House of Representatives, Washington,
DC.
Dear Mr. Chairman: In connection with H.R. 438, the
Wireless Communications and Public Safety Act of 1999 (Act),
which is scheduled to be marked up by your committee on
February 10, 1999, I am pleased to enclose a National Park
Service (NPS) Memorandum which clarifies certain issues
concerning NPS compliance with the Telecommunications Act of
1996 (47 U.S.C. 332) on processing applications to site
wireless telecommunication antennae on NPS lands.
I will summarize the contents of the Memorandum:
Parks will encourage meetings with telecommunication
antenna applicants, as necessary, at any time during the
application process, particularly in cases when a Park is
considering denying an application.
In reviewing such applications, Parks will consider the
safety of the visiting public as a factor.
The NPS, with the assistance of the Bureau of Land
Management, the Fish and Wildlife Service, and the industry,
will develop a Service-wide fee schedule for permit fees that
will not exceed fair market value.
Parks will conduct the review processes required under the
National Environmental Policy Act (NEPA) and the National
Historic Preservation Act (NHPA) in an expeditious manner
consistent with all applicable laws.
When an Environmental Assessment is sufficient to satisfy
NEPA compliance Parks should seek, to the extent possible, to
complete compliance within 120 days of receipt of an
application. Should delays occur or be expected to occur, the
Park should inform the applicant of the probable delay and
discuss the expected time schedule occasioned by the delay.
In circumstances when an environmental impact statement is
required, to the extent possible, the resulting Record of
Decision should be issued within 12 to 18 months of receipt of
the initial application. Should delays occur or be expected to
occur, the Park should inform the applicant of the probable
delay and discuss the expected time schedule occasioned by the
delay.
The NPS will develop and conduct in the near future
additional training on implementing the Telecommunications Act
of 1996, NPS telecommunications siting process policy, and
related environmental impact analysis.
We believe the points raised in the Memorandum demonstrate
our commitment to processing telecommunication antenna
applications as expeditiously as possible, consistent with
applicable laws and in accordance with the mission of the NPS.
We are particularly pleased by your committee's willingness to
work with the Department in addressing our concerns by removing
the section of the Act which addressed the processing of
antenna applications on federal lands.
Sincerely,
Robert Stanton,
Director.
Enclosure.
memorandum
To: Directorate, Field Directorate, Regional Associate Directors for
Operations, Park Superintendents.
From: Deputy Director.
Subject: Clarification of Director's Order 53A--Telecommunication
Antenna Sites.
Since Director's Order 53A was finalized and distributed to
the field, some misunderstandings about parts of it have
arisen. This directive is intended to clarify the
misunderstandings.
It is the policy and intent of the National Park Service
(NPS) to comply with the Telecommunications Act of 1996 (47
U.S.C. 332) in all aspects including but not limited to the
following:
Parks will encourage meetings with telecommunication
antenna applicants at any time during the decision making
process as necessary, particularly if the park is considering
denying the application. In such instances, the applicant will
be given an opportunity to discuss the pending application and
the park's concerns before a final decision is made.
Parks will consider the safety of the visiting public as a
factor when reviewing telecommunication antenna applications.
Public safety, in this context, refers to telephonic access to
emergency law enforcement and public safety services;
With the help of park and regional personnel as well as
Bureau of Land Management, Fish and Wildlife Service and the
industry, we will develop a Servicewide fee schedule that will
not exceed fair market value;
The National Environmental Policy Act (NEPA) and National
Historic Preservation Act (NHPA) review processes will be
conducted expeditiously and consistent with all applicable
statutes.
To the extent possible, where an environmental assessment
may be sufficient to satisfy NEPA compliance, parks should seek
to complete the environmental review process within 120 days of
receipt of an application. Should delays occur or be expected
to occur, the park should inform the applicant of the probable
delay and discuss an expected time schedule;
The NPS will, in the very near future, develop and conduct
additional training on implementing the Telecommunications Act
of 1996, NPS telecommunication siting process policy, and
related environmental impact analysis. We expect to conduct
three sessions--one in the east, one mid-continent, and one in
the west. Each regional director should ensure that the
region's telecommunications or special park uses coordinator
and regional environmental coordinator attend one of the
sessions. Superintendents of parks, which have or expect to
have telecommunications antenna siting applications should also
attend.
Should you have questions or need assistance in dealing
with these issues, please feel free to contact Dick Young or
Chris Andress in WASO, Ranger Activities. For NEPA related
questions, please contact Jacob J. Hoogland or Sarah Bransom in
the Environmental Quality Division.