47 U.S.C. § 942 — Coordination of 9–1–1, E9–1–1, and Next

Page 400 TITLE 47—TELECOMMUNICATIONS § 942 ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) the World Wide Web presents a stimulating and entertaining opportunity for children to learn, grow, and develop educationally and intellectually; ‘‘(2) Internet technology also makes available an extensive amount of information that is harmful to children, as studies indicate that a significant por- tion of all material available on the Internet is re- lated to pornography; ‘‘(3) young children, when trying to use the World Wide Web for positive purposes, are often presented— either mistakenly or intentionally—with material that is inappropriate for their age, which can be ex- tremely frustrating for children, parents, and edu- cators; ‘‘(4) exposure of children to material that is inap- propriate for them, including pornography, can dis- tort the education and development of the Nation’s youth and represents a serious harm to American families that can lead to a host of other problems for children, including inappropriate use of chat rooms, physical molestation, harassment, and legal and fi- nancial difficulties; ‘‘(5) young boys and girls, older teens, troubled youth, frequent Internet users, chat room partici- pants, online risk takers, and those who commu- nicate online with strangers are at greater risk for receiving unwanted sexual solicitation on the Inter- net; ‘‘(6) studies have shown that 19 percent of youth (ages 10 to 17) who used the Internet regularly were the targets of unwanted sexual solicitation, but less than 10 percent of the solicitations were reported to the police; ‘‘(7) children who come across illegal content should report it to the congressionally authorized CyberTipline, an online mechanism developed by the National Center for Missing and Exploited Children, for citizens to report sexual crimes against children; ‘‘(8) the CyberTipline has received more than 64,400 reports, including reports of child pornography, on- line enticement for sexual acts, child molestation (outside the family), and child prostitution; ‘‘(9) although the computer software and hardware industries, and other related industries, have devel- oped innovative ways to help parents and educators restrict material that is harmful to minors through parental control protections and self-regulation, to date such efforts have not provided a national solu- tion to the problem of minors accessing harmful ma- terial on the World Wide Web; ‘‘(10) the creation of a ‘green-light’ area within the United States country code Internet domain, that will contain only content that is appropriate for chil- dren under the age of 13, is analogous to the creation of a children’s section within a library and will pro- mote the positive experiences of children and families in the United States; and ‘‘(11) while custody, care, and nurture of the child reside first with the parent, the protection of the physical and psychological well-being of minors by shielding them from material that is harmful to them is a compelling governmental interest. ‘‘(b) PURPOSES.—The purposes of this Act [see Short Title of 2002 Amendment note set out under section 901 of this title] are— ‘‘(1) to facilitate the creation of a second-level do- main within the United States country code Internet domain for the location of material that is suitable for minors and not harmful to minors; and ‘‘(2) to ensure that the National Telecommuni- cations and Information Administration oversees the creation of such a second-level domain and ensures the effective and efficient establishment and oper- ation of the new domain.’’ § 942. Coordination of 9–1–1, E9–1–1, and Next Generation 9–1–1 implementation (a) 9–1–1 Implementation Coordination Office (1) Establishment and continuation The Assistant Secretary and the Adminis- trator of the National Highway Traffic Safety Administration shall— (A) establish and further a program to fa- cilitate coordination and communication be- tween Federal, State, and local emergency communications systems, emergency per- sonnel, public safety organizations, tele- communications carriers, and telecommuni- cations equipment manufacturers and ven- dors involved in the implementation of 9–1–1 services; and (B) establish a 9–1–1 Implementation Co- ordination Office to implement the provi- sions of this section. (2) Management plan (A) Development The Assistant Secretary and the Adminis- trator shall develop a management plan for the grant program established under this section, including by developing— (i) plans related to the organizational structure of such program; and (ii) funding profiles for each fiscal year of the duration of such program. (B) Submission to Congress Not later than 90 days after February 22, 2012, the Assistant Secretary and the Admin- istrator shall submit the management plan developed under subparagraph (A) to— (i) the Committees on Commerce, Science, and Transportation and Appro- priations of the Senate; and (ii) the Committees on Energy and Com- merce and Appropriations of the House of Representatives. (3) Purpose of Office The Office shall— (A) take actions, in concert with coordina- tors designated in accordance with sub- section (b)(3)(A)(ii), to improve coordination and communication with respect to the im- plementation of 9–1–1 services, E9–1–1 serv- ices, and Next Generation 9–1–1 services; (B) develop, collect, and disseminate infor- mation concerning practices, procedures, and technology used in the implementation of 9–1–1 services, E9–1–1 services, and Next Generation 9–1–1 services; (C) advise and assist eligible entities in the preparation of implementation plans re- quired under subsection (b)(3)(A)(iii); (D) receive, review, and recommend the ap- proval or disapproval of applications for grants under subsection (b); and (E) oversee the use of funds provided by such grants in fulfilling such implementa- tion plans. (b) 9–1–1, E9–1–1, and Next Generation 9–1–1 im- plementation grants (1) Matching grants The Assistant Secretary and the Adminis- trator, acting through the Office, shall provide grants to eligible entities for— Page 401 TITLE 47—TELECOMMUNICATIONS § 942 (A) the implementation and operation of 9–1–1 services, E9–1–1 services, migration to an IP-enabled emergency network, and adop- tion and operation of Next Generation 9–1–1 services and applications; (B) the implementation of IP-enabled emergency services and applications enabled by Next Generation 9–1–1 services, including the establishment of IP backbone networks and the application layer software infra- structure needed to interconnect the mul- titude of emergency response organizations; and (C) training public safety personnel, in- cluding call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 9–1–1 services. (2) Matching requirement The Federal share of the cost of a project el- igible for a grant under this section shall not exceed 60 percent. (3) Coordination required In providing grants under paragraph (1), the Assistant Secretary and the Administrator shall require an eligible entity to certify in its application that— (A) in the case of an eligible entity that is a State government, the entity— (i) has coordinated its application with the public safety answering points located within the jurisdiction of such entity; (ii) has designated a single officer or gov- ernmental body of the entity to serve as the coordinator of implementation of 9–1–1 services, except that such designation need not vest such coordinator with direct legal authority to implement 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 services or to manage emergency commu- nications operations; (iii) has established a plan for the coordi- nation and implementation of 9–1–1 serv- ices, E9–1–1 services, and Next Generation 9–1–1 services; and (iv) has integrated telecommunications services involved in the implementation and delivery of 9–1–1 services, E9–1–1 serv- ices, and Next Generation 9–1–1 services; or (B) in the case of an eligible entity that is not a State, the entity has complied with clauses (i), (iii), and (iv) of subparagraph (A), and the State in which it is located has com- plied with clause (ii) of such subparagraph. (4) Criteria Not later than 120 days after February 22, 2012, the Assistant Secretary and the Adminis- trator shall issue regulations, after providing the public with notice and an opportunity to comment, prescribing the criteria for selection for grants under this section. The criteria shall include performance requirements and a timeline for completion of any project to be fi- nanced by a grant under this section. The As- sistant Secretary and the Administrator shall update such regulations as necessary. (c) Diversion of 9–1–1 charges (1) Designated 9–1–1 charges For the purposes of this subsection, the term ‘‘designated 9–1–1 charges’’ means any taxes, fees, or other charges imposed by a State or other taxing jurisdiction that are designated or presented as dedicated to deliver or improve 9–1–1 services, E9–1–1 services, or Next Genera- tion 9–1–1 services. (2) Certification Each applicant for a matching grant under this section shall certify to the Assistant Sec- retary and the Administrator at the time of application, and each applicant that receives such a grant shall certify to the Assistant Sec- retary and the Administrator annually there- after during any period of time during which the funds from the grant are available to the applicant, that no portion of any designated 9–1–1 charges imposed by a State or other tax- ing jurisdiction within which the applicant is located are being obligated or expended for any purpose other than the purposes for which such charges are designated or presented dur- ing the period beginning 180 days immediately preceding the date of the application and con- tinuing through the period of time during which the funds from the grant are available to the applicant. (3) Condition of grant Each applicant for a grant under this section shall agree, as a condition of receipt of the grant, that if the State or other taxing juris- diction within which the applicant is located, during any period of time during which the funds from the grant are available to the ap- plicant, obligates or expends designated 9–1–1 charges for any purpose other than the pur- poses for which such charges are designated or presented, eliminates such charges, or redesig- nates such charges for purposes other than the implementation or operation of 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 serv- ices, all of the funds from such grant shall be returned to the Office. (4) Penalty for providing false information Any applicant that provides a certification under paragraph (2) knowing that the informa- tion provided in the certification was false shall— (A) not be eligible to receive the grant under subsection (b); (B) return any grant awarded under sub- section (b) during the time that the certifi- cation was not valid; and (C) not be eligible to receive any subse- quent grants under subsection (b). (d) Funding and termination (1) In general From the amounts made available to the As- sistant Secretary and the Administrator under section 1457(b)(6) of this title, the Assistant Secretary and the Administrator are author- ized to provide grants under this section through the end of fiscal year 2022. Not more than 5 percent of such amounts may be obli- gated or expended to cover the administrative costs of carrying out this section. (2) Termination Effective on October 1, 2022, the authority provided by this section terminates and this section shall have no effect. Page 402 TITLE 47—TELECOMMUNICATIONS § 942 (e) Definitions In this section, the following definitions shall apply: (1) 9–1–1 services The term ‘‘9–1–1 services’’ includes both E9–1–1 services and Next Generation 9–1–1 serv- ices. (2) E9–1–1 services The term ‘‘E9–1–1 services’’ means both phase I and phase II enhanced 9–1–1 services, as described in section 20.18 of the Commission’s regulations (47 C.F.R. 20.18), as in effect on February 22, 2012, or as subsequently revised by the Commission. (3) Eligible entity (A) In general The term ‘‘eligible entity’’ means a State or local government or a tribal organization (as defined in section 5304(l) of title 25). (B) Instrumentalities The term ‘‘eligible entity’’ includes public authorities, boards, commissions, and simi- lar bodies created by one or more eligible en- tities described in subparagraph (A) to pro- vide 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 services. (C) Exception The term ‘‘eligible entity’’ does not in- clude any entity that has failed to submit the most recently required certification under subsection (c) within 30 days after the date on which such certification is due. (4) Emergency call The term ‘‘emergency call’’ refers to any real-time communication with a public safety answering point or other emergency manage- ment or response agency, including— (A) through voice, text, or video and re- lated data; and (B) nonhuman-initiated automatic event alerts, such as alarms, telematics, or sensor data, which may also include real-time voice, text, or video communications. (5) Next Generation 9–1–1 services The term ‘‘Next Generation 9–1–1 services’’ means an IP-based system comprised of hard- ware, software, data, and operational policies and procedures that— (A) provides standardized interfaces from emergency call and message services to sup- port emergency communications; (B) processes all types of emergency calls, including voice, data, and multimedia infor- mation; (C) acquires and integrates additional emergency call data useful to call routing and handling; (D) delivers the emergency calls, messages, and data to the appropriate public safety an- swering point and other appropriate emer- gency entities; (E) supports data or video communications needs for coordinated incident response and management; and (F) provides broadband service to public safety answering points or other first re- sponder entities. (6) Office The term ‘‘Office’’ means the 9–1–1 Imple- mentation Coordination Office. (7) Public safety answering point The term ‘‘public safety answering point’’ has the meaning given the term in section 222 of this title. (8) State The term ‘‘State’’ means any State of the United States, the District of Columbia, Puer- to Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States. (Pub. L. 102–538, title I, § 158, as added Pub. L. 108–494, title I, § 104, Dec. 23, 2004, 118 Stat. 3987; amended Pub. L. 110–53, title XXIII, § 2303, Aug. 3, 2007, 121 Stat. 543; Pub. L. 110–283, title I, § 102, July 23, 2008, 122 Stat. 2623; Pub. L. 112–96, title VI, § 6503, Feb. 22, 2012, 126 Stat. 237; Pub. L. 117–58, div. B, title IV, § 24215, Nov. 15, 2021, 135 Stat. 829.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(4). Pub. L. 117–58 struck out par. (4). Text read as follows: ‘‘The Assistant Secretary and the Administrator shall provide an annual report to Con- gress by the first day of October of each year on the ac- tivities of the Office to improve coordination and com- munication with respect to the implementation of 9–1–1 services, E9–1–1 services, and Next Generation 9–1–1 services.’’ 2012—Pub. L. 112–96 amended section generally. Prior to amendment, section established a joint program to facilitate coordination and communication between Federal, State, and local emergency communications systems, emergency personnel, public safety organiza- tions, telecommunications carriers, and telecommuni- cations equipment manufacturers and vendors involved in the implementation of E–911 services and created an E–911 Implementation Coordination Office. 2008—Subsec. (b)(1). Pub. L. 110–283, § 102(1), inserted ‘‘and for migration to an IP-enabled emergency net- work’’ before period at end. Subsecs. (d) to (f). Pub. L. 110–283, § 102(2), (3), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 2007—Subsec. (b)(4). Pub. L. 110–53 inserted at end ‘‘Within 180 days after August 3, 2007, the Assistant Secretary and the Administrator shall jointly issue regulations updating the criteria to allow a portion of the funds to be used to give priority to grants that are requested by public safety answering points that were not capable of receiving 911 calls as of August 3, 2007, for the incremental cost of upgrading from Phase I to Phase II compliance. Such grants shall be subject to all other requirements of this section.’’ Statutory Notes and Related Subsidiaries NEXT GENERATION 911 Pub. L. 117–58, div. B, title IV, § 24113(a), Nov. 15, 2021, 135 Stat. 818, provided that: ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall implement the recommendations of the Comp- troller General of the United States contained in the report entitled ‘Next Generation 911: National 911 Pro- gram Could Strengthen Efforts to Assist States’, num- bered GAO–18–252, and dated January 1, 2018, by requir- ing that the Administrator of the National Highway Traffic Safety Administration, in collaboration with Page 403 TITLE 47—TELECOMMUNICATIONS § 1001 the appropriate Federal agencies, shall determine the roles and responsibilities of the Federal agencies par- ticipating in the initiative entitled ‘National NG911 Roadmap initiative’ to carry out the national-level tasks with respect which each agency has jurisdiction. ‘‘(2) IMPLEMENTATION PLAN.—The Administrator of the National Highway Traffic Safety Administration shall develop an implementation plan to support the completion of national-level tasks under the National NG911 Roadmap initiative.’’ FINDINGS Pub. L. 108–494, title I, § 102, Dec. 23, 2004, 118 Stat. 3986, provided that: ‘‘The Congress finds that— ‘‘(1) for the sake of our Nation’s homeland security and public safety, a universal emergency telephone number (911) that is enhanced with the most modern and state-of-the-art telecommunications capabilities possible should be available to all citizens in all re- gions of the Nation; ‘‘(2) enhanced emergency communications require Federal, State, and local government resources and coordination; ‘‘(3) any funds that are collected from fees imposed on consumer bills for the purposes of funding 911 serv- ices or enhanced 911 should go only for the purposes for which the funds are collected; and ‘‘(4) enhanced 911 is a high national priority and it requires Federal leadership, working in cooperation with State and local governments and with the nu- merous organizations dedicated to delivering emer- gency communications services.’’ PURPOSES Pub. L. 108–494, title I, § 103, Dec. 23, 2004, 118 Stat. 3986, provided that: ‘‘The purposes of this title [see sec- tion 101 of title I of Pub. L. 108–494, set out as a Short Title of 2004 Amendment note under section 901 of this title] are— ‘‘(1) to coordinate 911 services and E–911 services, at the Federal, State, and local levels; and ‘‘(2) to ensure that funds collected on telecommuni- cations bills for enhancing emergency 911 services are used only for the purposes for which the funds are being collected.’’ CHAPTER 9—INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS SUBCHAPTER I—INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS Sec. 1001. Definitions. 1002. Assistance capability requirements. 1003. Notices of capacity requirements. 1004. Systems security and integrity. 1005. Cooperation of equipment manufacturers and providers of telecommunications support services. 1006. Technical requirements and standards; exten- sion of compliance date. 1007. Enforcement orders. 1008. Payment of costs of telecommunications car- riers to comply with capability require- ments. 1009. Authorization of appropriations. 1010. Reports. SUBCHAPTER II—TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS 1021. Department of Justice Telecommunications Carrier Compliance Fund. SUBCHAPTER I—INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS § 1001. Definitions For purposes of this subchapter— (1) The terms defined in section 2510 of title 18 have, respectively, the meanings stated in that section. (2) The term ‘‘call-identifying information’’ means dialing or signaling information that identifies the origin, direction, destination, or termination of each communication generated or received by a subscriber by means of any equipment, facility, or service of a tele- communications carrier. (3) The term ‘‘Commission’’ means the Fed- eral Communications Commission. (4) The term ‘‘electronic messaging services’’ means software-based services that enable the sharing of data, images, sound, writing, or other information among computing devices controlled by the senders or recipients of the messages. (5) The term ‘‘government’’ means the gov- ernment of the United States and any agency or instrumentality thereof, the District of Co- lumbia, any commonwealth, territory, or pos- session of the United States, and any State or political subdivision thereof authorized by law to conduct electronic surveillance. (6) The term ‘‘information services’’— (A) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommuni- cations; and (B) includes— (i) a service that permits a customer to retrieve stored information from, or file information for storage in, information storage facilities; (ii) electronic publishing; and (iii) electronic messaging services; but (C) does not include any capability for a telecommunications carrier’s internal man- agement, control, or operation of its tele- communications network. (7) The term ‘‘telecommunications support services’’ means a product, software, or serv- ice used by a telecommunications carrier for the internal signaling or switching functions of its telecommunications network. (8) The term ‘‘telecommunications car- rier’’— (A) means a person or entity engaged in the transmission or switching of wire or electronic communications as a common carrier for hire; and (B) includes— (i) a person or entity engaged in pro- viding commercial mobile service (as de- fined in section 332(d) of this title); or (ii) a person or entity engaged in pro- viding wire or electronic communication switching or transmission service to the extent that the Commission finds that such service is a replacement for a sub- stantial portion of the local telephone ex- change service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier for pur- poses of this subchapter; but (C) does not include— (i) persons or entities insofar as they are engaged in providing information services; and