47 U.S.C. § 615b — Definitions

Page 337 TITLE 47—TELECOMMUNICATIONS § 615b 1 So in original. Two pars. (8) have been enacted. committee, panel, or council established under section 6205(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1425(a)) or any advisory com- mittee established by the Commission.’’ DEFINITIONS Pub. L. 116–260, div. FF, title IX, § 902(f), Dec. 27, 2020, 134 Stat. 3209, provided that: ‘‘In this Act [probably means ‘‘this section’’, amending this section, repealing section 1413 of this title and enacting provisions set out as notes under this section and section 609 of this title]: ‘‘(1) 9–1–1 FEE OR CHARGE.—The term ‘9–1–1 fee or charge’ has the meaning given such term in subpara- graph (D) of paragraph (3) of section 6(f) of the Wire- less Communications and Public Safety Act of 1999 [47 U.S.C. 615a–1(f)(3)(D)], as added by this Act. ‘‘(2) 9–1–1 SERVICES.—The term ‘9–1–1 services’ has the meaning given such term in section 158(e) of the National Telecommunications and Information Ad- ministration Organization Act (47 U.S.C. 942(e)). ‘‘(3) COMMISSION.—The term ‘Commission’ means the Federal Communications Commission. ‘‘(4) DIVERSION.—The term ‘diversion’ means, with respect to a 9–1–1 fee or charge, the obligation or ex- penditure of such fee or charge for a purpose or func- tion other than the purposes and functions des- ignated in the final rules issued under paragraph (3) of section 6(f) of the Wireless Communications and Public Safety Act of 1999, as added by this Act, as purposes and functions for which the obligation or ex- penditure of such a fee or charge is acceptable. ‘‘(5) STATE OR TAXING JURISDICTION.—The term ‘State or taxing jurisdiction’ has the meaning given such term in subparagraph (D) of paragraph (3) of sec- tion 6(f) of the Wireless Communications and Public Safety Act of 1999, as added by this Act.’’ § 615b. Definitions As used in this Act: (1) Secretary The term ‘‘Secretary’’ means the Secretary of Transportation. (2) State The term ‘‘State’’ means any of the several States, the District of Columbia, or any terri- tory or possession of the United States. (3) Public safety answering point; PSAP The term ‘‘public safety answering point’’ or ‘‘PSAP’’ means a facility that has been des- ignated to receive 9–1–1 calls and route them to emergency service personnel. (4) Wireless carrier The term ‘‘wireless carrier’’ means a pro- vider of commercial mobile services or any other radio communications service that the Federal Communications Commission requires to provide wireless 9–1–1 service. (5) Enhanced wireless 9–1–1 service The term ‘‘enhanced wireless 9–1–1 service’’ means any enhanced 9–1–1 service so des- ignated by the Federal Communications Com- mission in the proceeding entitled ‘‘Revision of the Commission’s Rules to Ensure Compat- ibility with Enhanced 9–1–1 Emergency Calling Systems’’ (CC Docket No. 94–102; RM–8143), or any successor proceeding. (6) Wireless 9–1–1 service The term ‘‘wireless 9–1–1 service’’ means any 9–1–1 service provided by a wireless carrier, in- cluding enhanced wireless 9–1–1 service. (7) Emergency dispatch providers The term ‘‘emergency dispatch providers’’ shall include governmental and nongovern- mental providers of emergency dispatch serv- ices. (8) 1 IP-enabled voice service The term ‘‘IP-enabled voice service’’ has the meaning given the term ‘‘interconnected VoIP service’’ by section 9.3 of the Federal Commu- nications Commission’s regulations (47 CFR 9.3). (8) 1 Other emergency communications service The term ‘‘other emergency communica- tions service’’ means the provision of emer- gency information to a public safety answer- ing point via wire or radio communications, and may include 9–1–1 and enhanced 9–1–1 serv- ice. (9) Other emergency communications service provider The term ‘‘other emergency communica- tions service provider’’ means— (A) an entity other than a local exchange carrier, wireless carrier, or an IP-enabled voice service provider that is required by the Federal Communications Commission con- sistent with the Commission’s authority under the Communications Act of 1934 [47 U.S.C. 151 et seq.] to provide other emer- gency communications services; or (B) in the absence of a Commission re- quirement as described in subparagraph (A), an entity that voluntarily elects to provide other emergency communications services and is specifically authorized by the appro- priate local or State 9–1–1 service governing authority to provide other emergency com- munications services. (10) Enhanced 9–1–1 service The term ‘‘enhanced 9–1–1 service’’ means the delivery of 9–1–1 calls with automatic number identification and automatic location identification, or successor or equivalent in- formation features over the wireline E911 net- work (as defined in section 9.3 of the Federal Communications Commission’s regulations (47 C.F.R. 9.3) as of July 23, 2008) and equivalent or successor networks and technologies. The term also includes any enhanced 9–1–1 service so designated by the Commission in its Report and Order in WC Docket Nos. 04–36 and 05–196, or any successor proceeding. (Pub. L. 106–81, § 7, formerly § 6, Oct. 26, 1999, 113 Stat. 1289; renumbered § 7 and amended Pub. L. 110–283, title I, § 101(1), (3), title II, § 201(b), July 23, 2008, 122 Stat. 2620, 2623, 2624.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 106–81, Oct. 26, 1999, 113 Stat. 1286, known as the Wireless Communica- tions and Public Safety Act of 1999, which enacted sec- tions 615 to 615b of this title, amended sections 222 and 251 of this title, and enacted provisions set out as notes under sections 609 and 615 of this title. For complete Page 338 TITLE 47—TELECOMMUNICATIONS § 615c 1 See References in Text note below. classification of this Act to the Code, see Short Title of 1999 Amendments note set out under section 609 of this title and Tables. The Communications Act of 1934, referred to in par. (9)(A), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. CODIFICATION Section was enacted as part of the Wireless Commu- nications and Public Safety Act of 1999, and not as part of the Communications Act of 1934 which comprises this chapter. AMENDMENTS 2008—Par. (8). Pub. L. 110–283, § 201(b), added par. (8) defining ‘‘other emergency communications service’’. Pub. L. 110–283, § 101(3), added par. (8) defining ‘‘IP-en- abled voice service’’. Pars. (9), (10). Pub. L. 110–283, § 201(b), added pars. (9) and (10). § 615c. Emergency Access Advisory Committee (a) Establishment For the purpose of achieving equal access to emergency services by individuals with disabil- ities, as a part of the migration to a national Internet protocol-enabled emergency network, not later than 60 days after October 8, 2010, the Chairman of the Commission shall establish an advisory committee, to be known as the Emer- gency Access Advisory Committee (referred to in this section as the ‘‘Advisory Committee’’). (b) Membership As soon as practicable after October 8, 2010, the Chairman of the Commission shall appoint the members of the Advisory Committee, ensur- ing a balance between individuals with disabil- ities and other stakeholders, and shall designate two such members as the co-chairs of the Com- mittee. Members of the Advisory Committee shall be selected from the following groups: (1) State and local government and emergency responder representatives Representatives of State and local govern- ments and representatives of emergency re- sponse providers, selected from among individ- uals nominated by national organizations rep- resenting such governments and representa- tives. (2) Subject matter experts Individuals who have the technical knowl- edge and expertise to serve on the Advisory Committee in the fulfillment of its duties, in- cluding representatives of— (A) providers of interconnected and non- interconnected VoIP services; (B) vendors, developers, and manufacturers of systems, facilities, equipment, and capa- bilities for the provision of interconnected and non-interconnected VoIP services; (C) national organizations representing in- dividuals with disabilities and senior citi- zens; (D) Federal agencies or departments re- sponsible for the implementation of the Next Generation E 9–1–1 system; (E) the National Institute of Standards and Technology; and (F) other individuals with such technical knowledge and expertise. (3) Representatives of other stakeholders and interested parties Representatives of such other stakeholders and interested and affected parties as the Chairman of the Commission determines ap- propriate. (c) Development of recommendations Within 1 year after the completion of the member appointment process by the Chairman of the Commission pursuant to subsection (b), the Advisory Committee shall conduct a na- tional survey of individuals with disabilities, seeking input from the groups described in sub- section (b)(2), to determine the most effective and efficient technologies and methods by which to enable access to emergency services by indi- viduals with disabilities and shall develop and submit to the Commission recommendations to implement such technologies and methods, in- cluding recommendations— (1) with respect to what actions are nec- essary as a part of the migration to a national Internet protocol-enabled network to achieve reliable, interoperable communication trans- mitted over such network that will ensure ac- cess to emergency services by individuals with disabilities; (2) for protocols, technical capabilities, and technical requirements to ensure the reli- ability and interoperability necessary to en- sure access to emergency services by individ- uals with disabilities; (3) for the establishment of technical stand- ards for use by public safety answering points, designated default answering points, and local emergency authorities; (4) for relevant technical standards and re- quirements for communication devices and equipment and technologies to enable the use of reliable emergency access; (5) for procedures to be followed by IP-en- abled network providers to ensure that such providers do not install features, functions, or capabilities that would conflict with technical standards; (6) for deadlines by which providers of inter- connected and non-interconnected VoIP serv- ices and manufacturers of equipment used for such services shall achieve the actions re- quired in paragraphs (1) through (5), where achievable, and for the possible phase out of the use of current-generation TTY technology to the extent that this technology is replaced with more effective and efficient technologies and methods to enable access to emergency services by individuals with disabilities; (7) for the establishment of rules to update the Commission’s rules with respect to 9–1–1 services and E–911 services (as defined in sec- tion 158(e)(4) 1 of the National Telecommuni- cations and Information Administration Orga- nization Act (47 U.S.C. 942(e)(4))), for users of telecommunications relay services as new technologies and methods for providing such