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Senate Passes VoIP E-911 Amendment to Port Security Bill

The Senate late Wed. passed the VoIP E-911 bill (S-1063) as part of a manager’s package of port security legislation moving through that chamber. Sponsored by Sen. Nelson (D- Fla.), the VoIP E-911 bill would require telco networks to give VoIP providers access to 911 services. The bill no longer has waiver provision Sen. Rockefeller (D-W. Va.) had opposed, or a grandfather clause that would have let noncompliant operators keep offering service.

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The measure likely will be upheld in conference, since it’s based on a House bill (HR-2418) drafted by Rep. Gordon (D-Tenn.), Hill sources said. When the port security bill goes to conference, Stevens has assured Rockefeller, the waiver and grandfather provisions won’t be added back, the sources said.

“New technologies are meant to improve lives, not put them at risk,” Gordon said: “It’s absolutely vital for Internet phone providers to be able to send 911 calls to the appropriate authorities.” Nelson welcomed the legislation: “This amendment will protect consumers, who will be able to take comfort knowing that their VOIP emergency phone calls will reach the 911 operator.” Nelson worked with Sen. Burns (R-Mont.) to work the bill into the port security legislation.

The E-911 bill cleared the Senate Commerce Committee in early Nov. (CD Nov. 3 p11), with some public safety groups urging removal, or at least softening, of the waiver language. When committee-level efforts at compromise faltered, the bill languished. At one point, Sen. Sununu (R- N.H.), in an effort to move the bill forward, placed a hold on nominations for FCC Comrs. Tate and Copps. Sununu later dropped his objection and let the nominations move forward.

The E-911 bill would give the FCC 90 days after enactment to write access rules for IP-enabled voice service providers to 911 components. The bill would let states impose fees to support E-911 services.

The port security bill (HR-4954) is moving toward the finish line. The Senate voted 98-0 Thurs. to pass the bill, after voting earlier in the day to invoke cloture, limiting debate, preventing filibuster and circumscribing the types of amendments that can be offered; before cloture “nongermane” amendments are acceptable. Senate sources said the leadership feared the bill was becoming a “magnet” for stray bills, hence the move to close the door to further amendments.

Before the Senate voted for cloture, Senate Commerce Committee Chmn. Stevens (R-Alaska) filed an amendment seeking $1 billion for interoperable communications -- a provision in the telecom bill (HR-5252). This prompted some lobbyists to speculate that Stevens is beginning to shift strategy on the bill, perhaps preparing to fragment it with the pieces to be attached to promising pieces of legislation.

But sources close to Stevens’ office said that’s not the case with the interoperability amendment, and Stevens remains committed to pursuing a one-piece telecom bill. His interoperability amendment, which would be subject to germaneness rules, hasn’t been offered, a Senate aide said. Stevens also has no plans to offer other telecom bill pieces as amendments to the port security bill, said a Hill staffer close to Stevens’ staff.