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VoIP E-911 Bill Conferees Resolve Differences

Conferees have reached an “agreement in principle” on a VoIP E-911 bill that was hung up over rules governing a database collecting customer location information and provider access to 911 components, industry and Hill sources said Wednesday. Once the conference report is drafted, it’s likely to be considered for an expedited vote in the Senate first and then the House. The Senate bill (S-428) passed the Senate by unanimous consent Feb. 26, while the House approved its measure in mid-November with only one dissenting vote.

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The conference report is said to drop a provision in the House measure (HR-3403) restricting use of the location database for emergency services only, according to those familiar with the report. Phone companies objected to the restriction, not contained in the Senate bill (S-428), saying location information could provide the FCC with more accurate data when deciding competition cases.

The commission has “historically relied upon” certain types of statistical evidence for a range of competition proceedings arising from the 1996 Telecom Act, USTelecom President Walter McCormick said in a letter sent in March to lawmakers. The House bill barring use of the location information data would impede the commission’s data universe, McCormick said. The provision “goes beyond the proper scope” of the bill’s goal to promote and enhance public safety, he said.

The two bills also differed in language dealing with giving VoIP providers full legal ability to access the 911 infrastructure at the same “rates, terms and conditions” as wireless carriers. Both bills would require the commission, when writing regulations, to consider “technical, network security of information privacy issues that are specific to IP-enabled voice services, including the security of 911 networks.” However, HR-3403 says capabilities that aren’t required to be made available to wireless, but that are needed for VoIP providers to carry out their obligations, also must be provided at the same rates, terms and conditions “as would apply if such capabilities were made available” to wireless.

The bill would give VoIP providers the same liability protection that the wireless industry has in handling 911 calls. The Senate bill also includes provisions giving the FCC authority to put 911 requirements into future phones, eliminating the need for congressional approval. The second amendment would require a study on next generation E-911 capability. Both were amendments offered by Senate Commerce Committee Vice Chairman Ted Stevens, R-Alaska.