National Emergency Number Association Government Affairs Update December

National Emergency Number Association Government Affairs Update (December 2007) Patrick Halley Government Affairs Director

Congressional E 9 -1 -1 Caucus Co-Chairs: • Senator Hillary Clinton (D-NY) • Senator Ted Stevens (R-AK) • Rep. Anna Eshoo (D-CA) • Rep. John Shimkus (R-IL) Over 65 Members and Growing

Congressional E 9 -1 -1 Caucus Indiana Members: • Rep. Mark Souder (R-IN) 2 Senators and 8 Members to Go!

NENA Legislative/Regulatory Agenda Summary • • • Secure federal funding for PSAPs Promote policies to enable implementation of E 9 -1 -1 for all technologies Promote policies to enable NG 9 -1 -1 Promote national 9 -1 -1 education Ensure national homeland security and interoperability policies include 9 -1 -1

NENA Legislative Agenda Federal Funding for 9 -1 -1 1. Appropriate full funding for ENHANCE 911 Act grants in FY 2008 and provide separate funding for the national 9 -1 -1 ICO to NHTSA and NTIA in the FY 2008 Transportation and Commerce budgets; 2. Provide NTIA with advanced borrowing authority for $43. 5 million designated in the Budget Reconciliation Act of 2006 to make those funds immediately available for ENHANCE 911 Act grants; 3. Extend the authorization of the ENHANCE 911 Act to 2014; 4. Amend the ENHANCE 911 Act to broaden eligible use of funds to allow grants to fund wireless E 9 -1 -1 as well as the use of IP-based solutions that enable access to 9 -1 -1 from all technologies, including wireless, and that improve information sharing between PSAPs and other emergency response entities to assist the public.

NENA Legislative Agenda Deployment of E 9 -1 -1 for All Technologies, Promotion of NG 9 -1 -1 and Education 1. Advance Vo. IP E 9 -1 -1 deployment by confirming Vo. IP E 9 -1 -1 requirements in accordance with FCC rules, providing liability protection for Vo. IP services, and confirming state authority to impose 9 -1 -1 fees on IP -enabled communications services; 2. Work with consumers, public safety and industry to advance solutions that provide efficient access to 9 -1 -1 for all communications methods, particularly those currently used by the deaf and hard of hearing; 3. Work with public safety, industry and the federal government (including the FCC and the ICO) to advance MLTS E 9 -1 -1 solutions and regulations where necessary; 4. Lead by example and ensure that E 9 -1 -1 is available on the phone systems used in every Congressional and federal agency office;

NENA Legislative Agenda Deployment of E 9 -1 -1 for All Technologies, Promotion of NG 9 -1 -1 and Education 5. Instruct the ICO to work with the emergency response community and industry to report to Congress on specific near and long-term policy recommendations concerning the migration to an IP-based next generation 9 -1 -1 and emergency communications system, including needed regulation and legislation; 6. Examine and make consistent the relevant statutory provisions within the Communications Act and the United States Criminal Code on disclosure of customer record information during 9 -1 -1 emergencies; 7. Promote policy and adopt measures that will foster better and more comprehensive education about the proper use of 9 -1 -1 for children and adults of all ages.

NENA Legislative Agenda 9 -1 -1 and Homeland Security 1. Ensure that all definitions, funding considerations, planning and homeland security policy are broadly defined to include 9 -1 -1 and all other entities involved with emergency response; 2. Ensure that definitions and eligible use of funds for interoperability grants support broad voice and data emergency communications needs and require inclusive planning among all emergency response entities.

Recently Passed Legislation Implementing Recommendations of the 9/11 Commission Act of 2007 (HR 1) • Signed into law by the President on 8/3/2007 (PL 110 -53) • Makes $43. 5 million available for PSAP grants authorized by the ENHANCE 911 Act of 2004 after 180 day rulemaking to determine criteria to receive grants (Title XXIII) • Authorizes $950 million per year for fiscal years 2008 -2012 for a State Homeland Security Grant Program (Title I, Sec. 2004) and makes clear that such funds can be utilized for “supporting Public Safety Answering Points” (Title I, Sec. 2008) • Authorizes nearly $3. 5 billion in Emergency Management Performance Grants which can be used for the construction of Emergency Operations Centers (Title II) • Establishes an Interoperable Emergency Communications Grant Program and authorizes $1. 6 billion in grant funding for fiscal years 2009 -2012 (Title III)

Pending Legislation IP-Enabled Voice Communications & Public Safety Act of 2007 (S 428) 9 -1 -1 Modernization And Public Safety Act of 2007 (HR 3403) • Requires Vo. IP companies to provide 9 -1 -1 and E 9 -1 -1 in accordance with FCC Rules • Provides liability parity for PSAPs, providers and their vendors equivalent to wireless and wireline for all communications services that are required by the FCC to provide 9 -1 -1/E 9 -1 -1 (today and in the future) as well as for services that voluntarily provide information to PSAPs, in the absence of an FCC requirement, with approval from the appropriate state or local 9 -1 -1 governing authority • Confirms state authority to impose and collect 9 -1 -1 fees from wireless and Vo. IP providers but requires funds to be spent on 9 -1 -1/E 9 -1 -1 or enhancements of such services; requires FCC to report annually to Congress on state use of 9 -1 -1 funds

Pending Legislation IP-Enabled Voice Communications & Public Safety Act of 2007 (S 428) 9 -1 -1 Modernization And Public Safety Act of 2007 (HR 3403) • Requires National 9 -1 -1 Program Office to produce a report to Congress within 270 days on migration to NG 9 -1 -1, with focus on needed legislative changes • Amends ENHANCE 9 -1 -1 Act to make PSAP grant funds available for Phase II wireless upgrades and also for the "migration to an IP-enabled emergency network". • Requires owners of E 9 -1 -1 infrastructure to provide open access to Vo. IP providers for the completion of E 9 -1 -1 service and authorizes FCC to delegate enforcement of this section to the states • Status: Passed the House 406 -1 (November 13) Senate Commerce Committee approved (April 2007) -Awaiting action by full Senate

Pending Legislation ENHANCE 911 Act PSAP Appropriations Requests Senate -E 9 -1 -1 Caucus Co-Chairs and other supporters requested $21 million in the Commerce budget and $21. 5 million in the Transportation budget for PSAP grants (total request: $42. 5 million in FY 2008 budget) House -E 9 -1 -1 Caucus Co-Chairs and other supporters requested $21 million in the Commerce budget and $21 million in the Transportation budget (total request: $42 million in FY 2008 budget) 9 -1 -1 Implementation and Coordination Office (ICO) -The U. S. Department of Transportation (DOT) formally requested that $1. 5 million be provided to NHTSA directly for the operational costs of staffing and administering the national 9 -1 -1 Program Office created by the ENHANCE 911 Act of 2004)

Status of Appropriations Senate -$1. 25 million for the National 9 -1 -1 Implementation and Coordination Office (ICO) provided in Senate Transportation appropriations bill -Conference agreed upon bill passed by House; pending Senate approval House -$5 million in PSAP grants in House Commerce appropriations bill -In process of conferencing with Senate Next Steps? -Pass individual spending bills? Total chaos? -One huge omnibus appropriations bill? 9 -1 -1 funding? -Year long continuing resolution (CR) at FY 2007 levels?

Pending Legislation ENHANCE 911 Act PSAP Appropriations Requests Indiana Appropriators -Rep. Visclosky (D) -But any member can request funding for 9 -1 -1

Pending Legislation National 9 -1 -1 Education Month Resolution (H. Res 537) • Intended to promote increased national 9 -1 -1 education and be a tool to help garner support for the efforts of those currently involved in 9 -1 -1 education • NENA, APCO, NASNA, COMCARE, the E 9 -1 -1 Institute and CTIA – the Wireless Association have all adopted similar resolutions

Pending/Passed Legislation Other Related Bills • PHONE Act (HR 740) /Truth in Caller-ID Act of 2007 (HR 251/S 704) -Similar bills that make it illegal to spoof caller ID unless it is for a valid law enforcement or homeland Security reason - Would be illegal to spoof 9 -1 -1 as the callers number • Cell Phone Tax Moratorium (HR 436/S 166) -Would place three-year ban on new taxes on cell phone services -However, bill explicitly exempts 9 -1 -1 fees and universal service charges • Internet Phone Tax Moratorium (HR 3678) -Extends internet tax ban to 2014 (no impact on 9 -1 -1 fees) -Signed into law on October 31 (PL 110 -108)

Current Federal Communications Commission (FCC) Issues • Wireless E 9 -1 -1 location accuracy and modifications to current wireless E 9 -1 -1 rules (Recently concluded Notice of Proposed Rulemaking (NPRM)) -NENA supported FCC’s tentative conclusion to require wireless carriers to meet location accuracy requirements at the PSAP level where technically feasible and with reasonable compliance benchmarks -Many other detailed issues raised by the FCC in the NPRM which reexamines 9 -1 -1 requirements established in Docket No. 94 -102 • Consideration of E 9 -1 -1 automatic location for interconnected Vo. IP providers (Open NPRM) More information available at www. fcc. gov

FCC Location Accuracy Order Adopted 9/11/2007 – Order not released as of 9/28/07 • Requires wireless carriers to meet FCC location accuracy requirements at the PSAP service-area level no later than 9/11/2012 (5 years) • Establishes interim benchmarks: -Year one: Meet location accuracy requirements at the EA level -Year two: Progress report -Year three: Meet location accuracy requirements at the MSA/RSA level and certify that location accuracy requirements are being met in at least 75% of PSAPs served by the carrier -Year four: Progress report • Carriers must account for only those PSAPs in their service area that are Phase II capable • Text of Order released 11/20

FCC Location Accuracy Order Further issues to be considered • Require a single location standard? Use of hybrid solution? Elevation? • Passing of uncertainty information with each call, with standardized confidence indicators • Presentation to PSAPs of carrier representative performance characteristics for various topographical areas • Compliance and maintenance testing, including accuracy verification, to be further defined by ESIF • Public safety access to maintenance and compliance testing data, upon request, subject to confidentiality protections if and as required • Testing requirements and achievement of consensus on percentage of test calls from indoors *Note: Issues raised in NENA FCC filing of 9/18/2007

Current Federal Communications Commission (FCC) Issues • Establishment of a national wireless interoperable public safety broadband network in the 700 MHz band -NENA named as a voting member of 15 member Board of Directors of the Public Safety Broadband Licensee (PSBL) • 9 -1 -1/E 9 -1 -1 requirements for Video Relay Services (VRS), IP-Relay Services and Telecommunications relay Services (TRS) used by the deaf and hard of hearing • Recommendations of a Hurricane Katrina Independent panel to strengthen 9 -1 -1 and emergency communications resiliency and redundancy • Reforms to the Emergency Alert System (EAS) More information available at www. fcc. gov

Other Issues - Pre-paid wireless 9 -1 -1 fees - Non-Initialized phones - 9 -1 -1 requirements for Skype and similar services?

2008 9 -1 -1 Goes to Washington Presented Jointly by NENA and the E 9 -1 -1 Institute n March 3 -5, 2008 – Hilton, Crystal City, VA (Reagan National Airport) – Pre-Conference Courses (March 3) n n n – – Grant Management for PSAPs; Government Education National Center for Missing and Exploited Children Seminar Chapter Leadership Forum FCC and Congressional Keynotes Informative sessions on national 9 -1 -1 issues Capitol Hill Outreach 9 -1 -1 Honor Awards Gala – Make Your Voice Heard!!!

Homework n Visit www. nena. org/governmentaffairs n Participate on monthly government affairs update call n Write/Call Your Senators and Reps. – – n Join the E 9 -1 -1 Caucus Support funding the ENHANCE 911 Act Support HR 3403 and S 428 Support the NENA Legislative Agenda Invite Elected Officials to PSAP – Federal and State Senators, Representatives – County Commissioners, Mayor, City Council Member n 9 -1 -1 Goes to Washington (March 3 -5, 2008) – Make Your Voice Heard in Washington!

Contact Information: Patrick Halley National Emergency Number Association Government Affairs Director 4350 North Fairfax Drive, Suite 750 Arlington, VA 22203 Phone: (800) 332 -3911, ext. 23 phalley@nena. org http: //www. nena. org/govtaffairs