HOUSE TELECOM SUBCOMMITTEE APPROVES E-911 LEGISLATION

The bill still would: (1) Provide $100 million in funding for states to implement phase 2 of E911 service. (2) Establish an E911 coordination office in NTIA. However, changes in the bill would allow public service answering points (PSAPs) to make funding requests directly should a state divert E911 funding to other budget matters. Members were concerned with states that had diverted funds collected for E911 to other budget needs. But several witnesses representing state interests said punishing PSAPs for state negligence only hurt the public and suggested Congress could find other means to punish states.

Another change would eliminate the requirement that the FCC conduct a proceeding to study E911 accuracy for rural carriers. Instead, the Commission would have to produce a report to Congress within 90 days of the bill’s passage on the waiver process for Tier 3 carriers. “The report will help Congress determine whether the FCC is doing an adequate job addressing case-by-case waiver requests by Tier 3 carriers and what E911 Phase 2 technologies are the most effective for Tier 3 carriers,” Telecom Subcommittee Chmn. Upton (R-Mich.) said. Witnesses at the recent hearing also stressed the difficulty of meeting the location requirements, particularly because rural regions usually didn’t have enough towers to meet the FCC requirements.

Upton said he and Commerce Committee Chmn. Tauzin (R- La.) were preparing to send a letter to FCC Chmn. Powell requesting an “immediate reply” on the steps the Commission was taking to ensure expeditious consideration of smaller carriers’ waivers. “I have heard from a number of smaller carriers who appear to have done everything in their power to deploy Phase 2, but still may not meet the accuracy requirements on the timelines set out by the FCC,” Upton said. “Given the potential lack of staff resources to process each and every waiver on a case-by-case basis in a timely fashion, I would encourage the FCC to consider developing criteria by which it will review the wave of waivers it is receiving from smaller carriers so they can have a better sense -- up front -- of the standards by which they will be judged.” Tauzin said: “That does not mean that Tier 3 carriers should stop trying to meet the Phase 2 standards and just wait around for a waiver.”

Rep. Shimkus (R-Ill.), sponsor of the bill and co-chmn. of the Congressional E911 caucus, said the changes would provide additional flexibility. One change would expand the definition of which entities could receive funding, including boards and commissions created by states, local govts. or tribal organizations.

Upton said he hoped the full House Commerce Committee could review the bill within the next 2 weeks and that it would be on the House floor before the end of Oct. He said he hoped to bring it to the floor on the suspension calendar, where it couldn’t be amended and would have to be approved under unanimous consent, where no member could vote against it. The Senate version of E911 legislation (S-1250) by Sens. Burns (R-Mont.) and Clinton (D-N.Y.) already has been approved by the Senate Commerce Committee.

There are several differences between the 2 approaches, such as the $500 million in funding that the Senate bill would devote to E911 deployment. But Upton said the another difference that must be resolved was the federal oversight of E911. While the House measure would create an office in NTIA, the Senate version would establish a task force of representatives from many agencies, including the Departments. of Justice, Homeland Security, Defense, Interior and Transportation, as well as the FCC and NTIA. Upton said the White House was expected to announce soon its position on what type of office -- and where -- should be established to facilitate E911 deployment.