WASHINGTON—Voice over Internet Protocol providers and public-safety answering points will have liability protection when handling 911 calls if Congress is able to complete work on a port-security bill the Senate passed last week.
The VoIP 911 bill had been stalled for almost a year after passing through the Senate Commerce Committee because it allowed some VoIP operators to delay complying with enhanced 911 rules that were imposed but not enforced by the Federal Communications Commission. This language was recently removed, and the VoIP 911 bill was attached to the port-security bill. The Senate passed the port-security bill late Thursday, but since the bill differs from the one passed by the House of Representatives in May the bill now must go to conference. The House version of the bill does not include the VoIP 911 language, but many in favor of the VoIP 911 bill were optimistic that it would remain through the Senate-House conference.
The legislation gives liability protection to VoIP providers and PSAPs responding to a VoIP 911 call. Wireless carriers fought hard in 1999 to gain the same liability protection, which was afforded to wireline carriers with the advent of 911 in the 1960s. Liability protection ensures that 911 callers can’t sue if there’s a problem with the 911 system and they are unable to get the help they need.
Under the legislation, incumbent local exchange carriers will also be required to give VoIP 911 providers access to E-911 services. VoIP providers were shocked last year when the FCC mandated they provide access to E-911 without also mandating access to the necessary PSAP routers controlled by the ILECs. ILECs were not required to offer access to VoIP providers that consider themselves to be “information services” providers as opposed to telecommunications providers—an important legal distinction since ILECs are required to offer access to the 911 network to other telecom carriers.
If the legislation is signed into law, the FCC will have 90 days to remove this distinction.
Interestingly, the VoIP 911 bill will also allow states and localities to impose taxes on VoIP for the provision of 911, just as many wireless and wireline customers pay taxes for the provision of E-911.
