47 U.S.C. § 615a–1 — Duty to provide 9–1–1 and enhanced 9–1–1 service

(a) Duties. Each IP-enabled voice service provider must provide 9–1–1 and enhanced 9–1–1 service to its subscribers under the Federal Communications Commission requirements in effect when the New and Emerging Technologies 911 Improvement Act of 2008 was enacted, as the Commission later changes them. (b) Parity for providers. An IP-enabled voice provider seeking necessary capabilities from an entity that owns or controls them has, solely to meet (a), a right of access, including interconnection, on the same rates, terms, and conditions offered to a commercial mobile service provider. The term “commercial mobile service” is defined in section 332(d) of the Communications Act of 1934. Commission regulations under (c) apply. (c) Regulations. (1) Within 90 days after enactment of the 2008 Act, the Commission must issue implementing regulations that (A) let providers exercise their rights under (b); (B) account for technical, network-security, and information-privacy requirements specific to IP-enabled voice services; and (C) require capabilities that are not required for commercial mobile providers but that the Commission finds necessary under (B) or (3) to be available on the same rates, terms, and conditions that would apply to a commercial mobile provider. (2) The Commission must require covered providers to register and establish a contact for public-safety and government officials about 9–1–1 service and access. (3) It may change the regulations when market or technology changes require it, to preserve providers' ability to meet (a) and exercise (b). (d) Delegation. The Commission may delegate enforcement of these regulations to State^* commissions or other State or local agencies or programs with emergency-communications jurisdiction. This section does not change those authorities if they are exercised consistently with Federal law and Commission requirements. (e) Implementation. (1) The section does not allow regulations requiring a specific technology or technological standard. (2) The Commission must enforce this section as part of the Communications Act of 1934. Violating this section or its regulations counts as violating that Act or its regulations. (f) State authority over fees. (1) Nothing in the listed Federal laws, Commission regulation, or Commission order prevents a State, its political subdivision, an Indian tribe, or an Alaska Native village or regional corporation serving a region established under the Alaska Native Claims Settlement Act from imposing and collecting a fee on commercial mobile or IP-enabled voice services for 9–1–1 support or implementation. The fee must be used only for 9–1–1 or enhanced 9–1–1 services or their enhancements, consistently with the purposes allowed under (3). For each IP-enabled subscriber class, the fee cannot exceed the fee for the same class using telecommunications^* services. (2) Within one year after enactment of the 2008 Act and every year afterward, the Commission must report to the Senate Commerce, Science and Transportation Committee and the House Energy and Commerce Committee. The report must describe each State's collection and distribution of these fees and identify revenue used for purposes not allowed under (3). (3) Acceptable obligations or expenditures. (A) By 180 days after December 27, 2020, the Commission must issue final rules to prevent diversion of 9–1–1 fees and charges by designating acceptable purposes and functions. (B) Those purposes are limited to supporting and implementing 9–1–1 services provided by the State or taxing jurisdiction imposing the fee and to PSAP operating expenses there. The Commission must consider the purposes States and taxing jurisdictions identify and decide whether they directly support 9–1–1. (C) The Commission must consult public-safety organizations and States and taxing jurisdictions in any proceeding under this paragraph. (D) Definitions. (i) “9–1–1 fee or charge” means a fee on commercial mobile or IP-enabled voice services specifically designated by a State or taxing jurisdiction to support or implement 9–1–1. (ii) “9–1–1 services” has the meaning given in section 942(e). (iii) “State or taxing jurisdiction” means a State, its political subdivision, an Indian Tribe, or an Alaska Native village or regional corporation serving a region established under the Alaska Native Claims Settlement Act. (4) If a State or taxing jurisdiction receives a section 942 grant after December 27, 2020, receiving the grant requires it to provide information the Commission requests for the report under (2). (5) Petition for additional purposes. (A) A State or taxing jurisdiction may ask the Commission to treat another purpose or function as an allowed one. If the jurisdiction provides enough documentation for (B), the Commission must grant the petition. (B) It must show that the purpose or function either (i) supports PSAP functions or operations, or (ii) directly affects a PSAP's ability to (I) receive or respond to 9–1–1 calls or (II) dispatch emergency responders. (g) PSAP information. The Commission may compile PSAP contact information, selective-router provider contacts, testing procedures, service classes and types supported by PSAPs, and other 9–1–1 information to help IP-enabled voice providers comply. It may share some or all of this information with carriers, providers, emergency-service providers, and their vendors or agents if doing so would improve public safety. (h) Standards. The Commission must work with public-safety organizations, industry participants, and the E–911 Implementation Coordination Office on consistent best practices, where appropriate, including procedures for (1) geographic PSAP coverage areas; (2) network diversity requirements for delivery of IP-enabled 9–1–1 and enhanced 9–1–1 calls; (3) call handling during overflow or outages; (4) PSAP certification and testing; (5) validating location information in databases; and (6) delivering address information to PSAPs. (i) Rule of construction. The 2008 Act does not alter, delay, or limit the Commission's ability to enforce Federal actions or rules already requiring an IP-enabled provider to offer 9–1–1 or enhanced 9–1–1 service when that Act was enacted. (j) Severability. If a provision or its application is held invalid, the rest of the section and its application to other people or circumstances remain unaffected.