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Stevens Supports E-911 Bill for VoIP Providers

Senate Commerce Committee Chmn. Stevens (R-Alaska) plans to mark up a bipartisan E-911 bill (S-1063) under which VoIP providers would have to give customers access to E-911 services, a panel spokeswoman said. The bill, introduced in May by Sens. Nelson (D-Fla.), Burns (R- Mont.) and Clinton (D-N.Y.), has a companion House version (HR-2418) sponsored by Reps. Gordon (D-Tenn.), Shimkus (R- Ill.) and Eshoo (D-Cal.). The Senate bill might be part of a budget reconciliation package set for Oct. 19 markup, or be considered with emergency communications measures that target hurricane relief. “We're definitely working on it,” a source said.

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But the bill may get a chilly reception in the House, where Commerce Committee Chmn. Barton (R-Tex.) is said to want to address the issue in his overall telecom bill rather than separately. “There have been some inquiries made of committee staff and my sense is it’s not been overwhelmingly positive,” a House source said. “I think he [Barton] wants to do things holistically, rather than piecemeal.” However, if the bill is passed as part of a post-Katrina package, Barton would be hard-pressed politically to oppose it, a Senate source said. Provisions in Barton’s telecom draft resemble those in the E-911 bill, suggesting compromise is possible, the source said.

“It’s not an exact fit, but in light of Katrina, it’s brought the issue back in the public domain,” a Senate source said. Under the bill, the U.S. would develop a way to migrate to a national IP-enabled emergency network able to receive and answer all consumer calls. Had such a system been in place when Katrina struck, lives might have been saved by rerouting 911 calls when call centers failed, the bill’s advocates said. “The sooner we can create a resilient, digital-based 911 network, the sooner we can help people during disasters like Hurricanes Katrina and Rita,” Nelson told us.

“There’s broad support in the [Senate] Commerce Committee” for the bill, said E-911 Institute Exec. Dir. Greg Rohde. “I personally think the votes are there for it.” The FCC’s E-911 order (CD May 20 p1) drew much praise from members of both parties, he said, but many on the Hill want more done, especially given the stress on emergency communications after the Gulf storms. Even the most deregulatory-minded members agree Congress should address access to emergency services, he said. The VoIP industry has indicated willingness to comply with regulations, and wants more guidance from Congress on 2 main issues: mandating access to routers and liability protection for 911 call centers.

Telecom providers are pushing the mandated network access provision because the FCC order incompletely addresses payment to emergency services infrastructure owners, said CenturyTel Gen. Mgr. Jeremy Ferkin at a Sept. hearing in Mont. “Providing 911 access is a legitimate cost of doing business for all voice providers,” he said. Facilities-based providers want to require VoIP providers to compensate those who make needed investments in emergency services, he said: “ILECs should not have mandates to provide 911 and related services to VoIP providers for free.” He also urged stronger liability provisions for the bill, proposing a grant of immunity for all parties “who act without willful or wanton conduct in the execution of a 911 call.” The bill as written offers liability protection that’s “applicable under federal and state law,” Ferkin said. - Anne Veigle