Title III of the "Communications Opportunity, Promotion, and Enhancement Act of 2006", or COPE Act, as amended by the House Commerce Committee (HCC) on April 26, 2006.

Editor's Notes:
 • Language approved by amendment on April 26 is shown in red.
 • Language deleted by amendment on April 26 is shown in strike through.
 • The HCC approved four amendments to Title III on April 26. First, the HCC approved an amendment [2 pages in PDF] (No. 20) offered by Rep. Cliff Stearns (R-FL) regarding notification of installation of VOIP service. The Gordon amendment had the effect of deleting the Stearns amendment. Hence, after approving the Gordon amendment, the HCC again approved the Stearns amendment.
 • Second, the HCC approved an amendment [10 pages in PDF] (No. 21) offered by Rep. Bart Gordon (D-TN), Rep. Chip Pickering (R-MS), Rep. Anna Eshoo (D-CA), Rep. John Shimkus (R-IL), and Rep. Mike Ferguson (R-NJ) that replaced Section 716 of Title III.
 • Third, the HCC approved amendment [1 page in PDF] (No. 23) offered by Rep. Jay Inslee (D-WA) that replaced the language in the base bill regarding disability access.
 • Fourth, the HCC approved an amendment [2 pages in PDF] (No. 33) offered by Rep. Chip Pickering (R-MS).
 • See also, story titled "Amendment by Amendment Summary of Full Committee Mark Up of COPE Act" in TLJ Daily E-Mail Alert No. 1360, April 28, 2006.

TITLE III—VOIP/911

SEC. 301. EMERGENCY SERVICES; INTERCONNECTION.

Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is further amended by adding after section 715 (as added by section 201 of this Act) the following new sections:

SEC. 716. EMERGENCY SERVICES.

(a) 911 AND E–911 SERVICES.—

(1) IN GENERAL.—Each VOIP service provider has a duty to ensure that 911 and E–911 services are provided to subscribers of VOIP services.

(2) USE OF EXISTING REGULATIONS.—Until the Commission’s regulations to implement paragraph (1) take effect, a VOIP service provider that complies with the Commission’s regulations that apply to a VOIP service provider and that are in effect on the date of enactment of this section shall be considered to be in compliance with the requirements of this section.

(b) NON-DISCRIMINATORY ACCESS TO CAPABILITIES.—

(1) ACCESS.—Each local exchange carrier or government entity with ownership or control of the necessary E–911 infrastructure shall provide any requesting VOIP service provider with nondiscriminatory access to such infrastructure. Such carrier or entity shall provide access to the infrastructure at just and reasonable, nondiscriminatory rates, terms, and conditions as determined by the Commission. In determining such access terms and conditions, the Commission shall take into consideration appropriate industry standards established by applicable industry standard-setting organizations.

(2) ENFORCEMENT.—The Commission or a State commission may enforce the requirements of this subsection and the Commission’s regulations thereunder.

(c) STATE AUTHORITY.—Nothing in this Act or any Commission regulation or order shall prevent the imposition on or collection from a VOIP service provider, of any fee or charge specifically designated or presented as dedicated by a State, political subdivision thereof, or Indian tribe on an equitable, and non-discriminatory basis for the support of 911 and E–911 services if no portion of the revenue derived from such fee or charge is obligated or expended for any purpose other than support of 911 and E–911 services or enhancements of such services.

(d) FEASIBILITY.—In establishing requirements or obligations under subsections (a) and (b), the Commission shall ensure that such standards impose requirements or obligations on VOIP service providers and entities with ownership or control of necessary E–911 infrastructure that the Commission determines are technologically and operationally feasible. In determining the requirements and obligations that are technologically and operationally feasible, the Commission shall take into consideration available industry technological and operational standards.

(e) PROGRESS REPORTS.—To the extent that the Commission concludes that it is not technologically or operationally feasible for VOIP service providers to comply with E–911 requirements or obligations, then the Commission shall submit reports to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress in attaining and deploying E–911 service. Such reports shall be submitted semiannually until the Commission concludes that it is technologically and operationally feasible for all VOIP service providers to comply with E–911 requirements and obligations. Such reports may include any recommendations the Commission considers appropriate to encourage the migration of emergency services to TCP/IP protocol or other advanced services.

(f) ACCESS TO INFORMATION.—The Commission shall have the authority to compile a list of PSAP contact information, testing procedures, and classes and types of services supported by PSAPs, or other information concerning the necessary E–911 infrastructure, for the purpose of assisting providers in complying with the requirements of this section.

(g) EMERGENCY ROUTING NUMBER ADMINISTRATOR.—Within 30 days after the date of enactment of this section, the Federal Communications Commission shall establish an emergency routing number administrator to enable VOIP service providers to acquire nondialable pseudo-automatic number identification numbers for 9–1-1 routing purposes on a national scale. The Commission may adopt such rules and practices as are necessary to guide such administrator in the fair and expeditious assignment of these numbers.

(h) MIGRATION TO IP-ENABLED EMERGENCY NETWORK.—

(1) NATIONAL REPORT.—No more than 16 months after the date of the enactment of this section, the National 911 Implementation and Coordination Office shall develop a report to Congress on migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications.

(2) CONTENTS OF REPORT.—The report required by paragraph (1) shall—

(A) outline the potential benefits of such a migration;

(B) identify barriers that must be overcome and funding mechanisms to address those barriers;

(C) include a proposed timetable, an outline of costs and potential savings;

(D) provide recommendations on specific legislative language,

(E) provide recommendations on any legislative changes, including updating definitions, to facilitate a national IP-enabled emergency network; and

(F) assess, collect, and analyze the experiences of the PSAPs and related public safety authorities who are conducting trial deployments of IP-enabled emergency networks as of the date of enactment of this section.

(3) CONSULTATION.—In developing the report required by paragraph (1), the Office shall consult with representatives of the public safety community, technology and telecommunications providers, and others it deems appropriate.

(i) EMERGENCY RESPONSE SYSTEMS.—

(1) NOTICE PRIOR TO INSTALLATION OR NUMBER ACTIVATION OF VOIP SERVICE.—Prior to installation or number activation of VOIP service for a customer, a VOIP service provider shall provide clear and conspicuous notice to the customer that—

(A) such customer should arrange with his or her emergency response system provider, if any, to test such system after installation;

(B) such customer should notify his or her emergency response system provider after VOIP service is installed; and

(C) a battery backup is required for customer premises equipment installed in connection with the VOIP service in order for the signaling of such system to function in the event of a power outage.

(2) DEFINITION.—In this subsection:

(A) The term ‘emergency response system’ means an alarm or security system, or personal security or medical monitoring system, that is connected to an emergency response center by means of a telecommunications carrier or VOIP service provider.

(B) The term ‘emergency response center’ means an entity that monitors transmissions from an emergency response system.

(i) (j) IMPLEMENTATION.—

(1) DEADLINE.—The Commission shall prescribe regulations to implement this section within 120 days after the date of enactment of this section.

(2) LIMITATION.—Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard.

(j) (k) DEFINITIONS.—For purposes of this section:

(1) VOIP SERVICE.—The term ‘VOIP service’ means a service that—

(A) provides real-time 2-way voice communications transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol (including when the voice communication is converted to or from TCP/IP protocol by the VOIP service provider and transmitted to the subscriber without use of circuit switching), for a fee;

(B) is offered to the public, or such classes of users as to be effectively available to the public (whether part of a bundle of services or separately); and

(C) has the capability so that the service can originate traffic to, and terminate traffic from, the public switched telephone network.

(2) VOIP SERVICE PROVIDER.—The term ‘VOIP service provider’ means any person who provides or offers to provide a VOIP service, either directly or through an affiliate.

(3) NECESSARY E–911 INFRASTRUCTURE.— The term ‘necessary E–911 infrastructure’ means the selective routers, selective router databases, automatic location information databases, master street address guides, trunk lines between selective routers and PSAPs, trunk lines between automatic location information databases and PSAPs, and other 911 and E–911 equipment, facilities, databases, interfaces, and related capabilities specified by the Commission.

(4) NON-DIALABLE PSEUDO-AUTOMATIC NUMBER IDENTIFICATION NUMBER.—The term ‘nondialable pseudo-automatic number identification number’ means a number, consisting of the same number of digits as numbers used for automatic number identification, that is not a North American Numbering Plan telephone directory number and that may be used in place of an automatic number identification number to convey special meaning. The special meaning assigned to the non-dialable pseudo-automatic number identification number is determined by nationally standard agreements, or by individual agreements, as necessary, between the system originating the call, intermediate systems handling and routing the call, and the destination system.

SEC. 716. EMERGENCY SERVICES.

(a) 911 AND E–911 SERVICES.—

(1) IN GENERAL.—Each VOIP service provider has a duty to ensure that 911 and E–911 services are provided to subscribers of VOIP services.

(2) USE OF EXISTING REGULATIONS.—A VOIP service provider that complies with the Commission’s regulations requiring providers of VOIP service to supply 911 and E911 capabilities to their customers (Report and Order in WC Docket Nos. 04–36 and 05–196) and that are in effect on the date of enactment of this section shall be considered to be in compliance with the requirements of this section, other than subsection (c), until such regulations are modified or superseded by subsequent regulations.

(b) NON-DISCRIMINATORY ACCESS TO CAPABILITIES.—

(1) ACCESS.—Each incumbent local exchange carrier (as such term is defined in section 251(h)) or government entity with ownership or control of the necessary E–911 infrastructure shall provide any requesting VOIP service provider with nondiscriminatory access to such infrastructure. Such carrier or entity shall provide access to the infrastructure at just and reasonable, nondiscriminatory rates, terms, and conditions. Such access shall be consistent with industry standards established by the National Emergency Number Association or other applicable industry standards organizations.

(2) ENFORCEMENT.—The Commission or a State commission may enforce the requirements of this subsection and the Commission’s regulations thereunder. A VOIP service provider may obtain access to such infrastructure pursuant to section 717 by asserting the rights described in such section.

(c) NEW CUSTOMERS.—A VOIP service provider shall make 911 service available to new customers within a reasonable time in accordance with the following requirements:

(1) CONNECTION TO SELECTIVE ROUTER.—For all new customers not within the geographic areas where a VOIP service provider can immediately provide 911 service to the geographically appropriate PSAP, a VOIP service provider, or its third party vendor, shall have no more than 30 days from the date the VOIP provider has acquired a customer to order service providing connectivity to the selective router so that 911 service, or E911 service where the PSAP is capable of receiving and processing such information, can be provided through the selective router.

(2) INTERIM SERVICE.—For all new customers not within the geographic areas where the VOIP service provider can immediately provide 911 service to the geographically appropriate PSAP, a VOIP service provider shall provide 911 service through—

(A) an arrangement mutually agreed to by the VOIP service provider and the PSAP or PSAP governing authority; or

(B) an emergency response center with national call routing capabilities. Such service shall be provided 24 hours a day from the date a VOIP service provider has acquired a customer until the VOIP service provider can provide 911 service to the geographically appropriate PSAP.

(3) NOTICE.—Before providing service to any new customer not within the geographic areas where the VOIP service provider can immediately provide 911 service to the geographically appropriate PSAP, an interconnected VOIP service provider shall provide such customer with clear notice that 911 service will be available only as described in paragraph (2).

(4) RESTRICTION ON ACQUISITION OF NEW CUSTOMERS.—A VOIP service provider may not acquire new customers within a geographic area served by a selective router if, within 180 days of first acquiring a new customer in the area served by the selective router, the VOIP service provider does not provide 911 service, or E911 service where the PSAP is capable of receiving and processing such information, to the geographically appropriate PSAP for all existing customers served by the selective router.

(5) ENFORCEMENT: NO FIRST WARNINGS.— Paragraph (5) of section 503(b) shall not apply to the assessment of forfeiture penalties for violations of this subsection or the regulations thereunder.

(d) STATE AUTHORITY.—Nothing in this Act or any Commission regulation or order shall prevent the imposition on or collection from a VOIP service provider, of any fee or charge specifically designated or presented as dedicated by a State, political subdivision thereof, or Indian tribe on an equitable, and non-discriminatory basis for the support of 911 and E–911 services if no portion of the revenue derived from such fee or charge is obligated or expended for any purpose other than support of 911 and E–911 services or enhancements of such services.

(e) FEASIBILITY.—In establishing requirements or obligations under subsections (a) and (b), the Commission shall ensure that such standards impose requirements or obligations on VOIP service providers and entities with ownership or control of necessary E–911 infrastructure that the Commission determines are technologically and operationally feasible. In determining the requirements and obligations that are technologically and operationally feasible, the Commission shall take into consideration available industry technological and operational standards.

(f) PROGRESS REPORTS.—To the extent that the Commission concludes that it is not technologically or operationally feasible for VOIP service providers to comply with E–911 requirements or obligations, then the Commission shall submit reports to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress in attaining and deploying E–911 service. Such reports shall be submitted semiannually until the Commission concludes that it is technologically and operationally feasible for all VOIP service providers to comply with E–911 requirements and obligations. Such reports may include any recommendations the Commission considers appropriate to encourage the migration of emergency services to TCP/IP protocol or other advanced services.

(g) ACCESS TO INFORMATION.—The Commission shall have the authority to compile a list of PSAP contact information, testing procedures, and classes and types of services supported by PSAPs, or other information concerning the necessary E–911 infrastructure, for the purpose of assisting providers in complying with the requirements of this section.

(h) EMERGENCY ROUTING NUMBER ADMINISTRATOR.—Within 30 days after the date of enactment of this section, the Federal Communications Commission shall establish an emergency routing number administrator to enable VOIP service providers to acquire nondialable pseudo-automatic number identification numbers for 9–1-1 routing purposes on a national scale. The Com1 mission may adopt such rules and practices as are necessary to guide such administrator in the fair and expeditious assignment of these numbers.

(i) MIGRATION TO IP-ENABLED EMERGENCY NETWORK.—

(1) NATIONAL REPORT.—No more than 7 months after the date of the enactment of this section, the National 911 Implementation and Coordination Office shall develop a report to Congress on migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications.

(2) CONTENTS OF REPORT.—The report required by paragraph (1) shall—

(A) outline the potential benefits of such a migration;

(B) identify barriers that must be overcome and funding mechanisms to address those barriers;

(C) include a proposed timetable, an outline of costs and potential savings;

(D) provide recommendations on specific legislative language,

(E) provide recommendations on any legislative changes, including updating definitions, to facilitate a national IP-enabled emergency network; and

(F) assess, collect, and analyze the experiences of the PSAPs and related public safety authorities who are conducting trial deployments of IP-enabled emergency networks as of the date of enactment of this section.

(3) CONSULTATION.—In developing the report required by paragraph (1), the Office shall consult with representatives of the public safety community, technology and telecommunications providers, and others it deems appropriate.

(i) (j) EMERGENCY RESPONSE SYSTEMS.—

(1) NOTICE PRIOR TO INSTALLATION OR NUMBER ACTIVATION OF VOIP SERVICE.—Prior to installation or number activation of VOIP service for a customer, a VOIP service provider shall provide clear and conspicuous notice to the customer that—

(A) such customer should arrange with his or her emergency response system provider, if any, to test such system after installation;

(B) such customer should notify his or her emergency response system provider after VOIP service is installed; and

(C) a battery backup is required for customer premises equipment installed in connection with the VOIP service in order for the signaling of such system to function in the event of a power outage.

(2) DEFINITION.—In this subsection:

(A) The term ‘emergency response system’ means an alarm or security system, or personal security or medical monitoring system, that is connected to an emergency response center by means of a telecommunications carrier or VOIP service provider.

(B) The term ‘emergency response center’ means an entity that monitors transmissions from an emergency response system.

(Editor's Note: Subsection (j) was added by the Stearns amendment.)

(j) (k) IMPLEMENTATION.—

(1) DEADLINE.—The Commission shall prescribe regulations to implement this section within 120 days after the date of enactment of this section.

(2) LIMITATION.—Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard.

(k) (l) DEFINITIONS.—For purposes of this section:

(1) VOIP SERVICE.—The term ‘VOIP service’ means a service that—

(A) provides real-time 2-way voice communications transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol (including when the voice communication is converted to or from TCP/IP protocol by the VOIP service provider and transmitted to the subscriber without use of circuit switching), for a fee;

(B) is offered to the public, or such classes of users as to be effectively available to the public (whether part of a bundle of services or separately); and

(C) has the capability so that the service can originate traffic to, and terminate traffic from, the public switched telephone network.

(2) VOIP SERVICE PROVIDER.—The term ‘VOIP service provider’ means any person who provides or offers to provide a VOIP service, either directly or through an affiliate.

(3) NECESSARY E–911 INFRASTRUCTURE.— The term ‘necessary E–911 infrastructure’ means the selective routers, selective router databases, automatic location information databases, master street address guides, trunk lines between selective routers and PSAPs, trunk lines between automatic location information databases and PSAPs, and other 911 and E–911 equipment, facilities, databases, interfaces, and related capabilities specified by the Commission.

(4) NON-DIALABLE PSEUDO-AUTOMATIC NUMBER IDENTIFICATION NUMBER.—The term ‘nondialable pseudo-automatic number identification number’ means a number, consisting of the same number of digits as numbers used for automatic number identification, that is not a North American Numbering Plan telephone directory number and that may be used in place of an automatic number identification number to convey special meaning. The special meaning assigned to the non-dialable pseudo-automatic number identification number is determined by nationally standard agreements, or by individual agreements, as necessary, between the system originating the call, intermediate systems handling and routing the call, and the destination system.

SEC. 717. RIGHTS AND OBLIGATIONS OF VOIP SERVICE PROVIDERS.

(a) IN GENERAL.---(1) FACILITIES-BASED VOIP SERVICE PROVIDERS.—A facilities-based VOIP service provider shall have the same rights, duties, and obligations as a requesting telecommunications carrier under sections 251 and 252, if the provider elects to assert such rights.

(2) VOIP SERVICE PROVIDERS.---A VOIP service provider that is not a facilities-based VOIP service provider shall have only the same rights, duties, and obligations as a requesting telecommunications carrier under sections 251(b), 251(e), and 252, if the provider elects to assert such rights.

(3) CLARIFYING TREATMENT OF VOIP SERVICE.—A telecommunications carrier may use interconnection, services, and network elements obtained pursuant to sections 251 and 252 from an incumbent local exchange carrier (as such term is defined in section 251(h)) to exchange VOIP service traffic with such incumbent local exchange carrier regardless of the provider originating such VOIP service traffic, including an affiliate of such telecommunications carrier. (Editor's Note: this was added by the Pickering amendment.)

(b) DISABLED SERVICES.---A VOIP service provider shall have the same rights, duties, and obligations as a telecommunications carrier under sections 225, 255, and 710. In revising the Commission’s regulations under such sections to carry out this subsection, the Commission shall consider whether a service or equipment is marketed as a substitute for telecommunications service, telecommunications equipment, customer premises equipment, or telecommunications relay services.

(b) DISABLED ACCESS.—A VOIP service provider or a manufacturer of VOIP service equipment shall have the same rights, duties, and obligations as a telecommunications carrier or telecommunications equipment manufacturer, respectively, under sections 225, 255, and 710 of the Act. Within 1 year after the date of enactment of this Act, the Commission, in consultation with the Architectural and Transportation Barriers Compliance Board, shall prescribe such regulations as are necessary to implement this section. In implementing this subsection, the Commission shall consider whether a VOIP service provider or manufacturer of VOIP service equipment primarily markets such service or equipment as a substitute for telecommunications service, telecommunications equipment, customer premises equipment, or telecommunications relay services. (Editor's Note: this was added by the Inslee amendment.)

(c) DEFINITIONS.---For purposes of this section:

(1) FACILITIES-BASED VOIP SERVICE PROVIDER.---The term ‘facilities-based VOIP service provider’ means a facilities-based entity as defined by the Commission, or an affiliate thereof (where such entity has facilities), that provides VOIP service.

(1) FACILITIES-BASED VOIP SERVICE PROVIDER.—The term ‘facilities-based VOIP service provider’ means an entity that provides VOIP service over a physical facility that terminates at the end user’s location and which such entity or an affiliate owns or over which such entity or affiliate has exclusive use. An entity or affiliate shall be considered a facilities-based VOIP service provider only in those geographic areas where such terminating physical facilities are located. (Editor's Note: this was added by the Pickering amendment.)

(2) VOIP SERVICE PROVIDER; VOIP SERVICE.---The terms ‘VOIP service provider’ and ‘VOIP service’ have the meanings given such terms by section 716(j).’’.