Washington, D.C. – The Senate Committee on Commerce, Science and Transportation today reported S. 1063, the IP-Enabled Voice Communications and Public Safety Act of 2005, by unanimous consent. Senator Bill Nelson (D-Fla.) originally introduced the bill, which was co-sponsored by Committee Members Conrad Burns (R-Mont.), Olympia Snowe (R-Maine), and John Kerry (D-Mass.).

During the mark-up, the Committee adopted a substitute amendment offered by Commerce Committee Chairman Ted Stevens (R-Alaska), Co-Chairman Daniel Inouye (D-Hawaii), Senator Burns, and Senator Nelson. The amendment, which was adopted by unanimous consent, was necessitated primarily because the FCC’s IP-enabled voice service provider Report and Order was released after S. 1063 was originally introduced.

S. 1063, as amended, would accomplish three primary objectives.

First, the bill provides authority and guidance to the FCC so that they can craft a comprehensive scheme to address 911 and E-911 services. Specifically, it gives the FCC authority and direction to set regulations to ensure that 911 and E-911 services are available to Voice-over Internet Protocol (VoIP) customers taking into consideration the technological and operational feasibility of providing such service. It charges the FCC with setting a reasonable time frame for companies to come into compliance with the regulations. It also provides states with authority to enforce the FCC’s rules.

Second, the legislation ensures that IP phone companies have access to E911 components that may be controlled by competitors, which the FCC Order published in June did not do.

Third, S. 1063 provides the liability protection that public safety and industry groups need to be able to provide 911 service. This ensures public safety professionals are protected when taking calls from IP Voice service providers at all Public Safety Answering Points (PSAPs). Industry also needs this protection in order to acquire needed capital and insurance to be able to continue to bring this new and innovative service to consumers. The liability protection that is afforded in this bill is the same liability protection that current law extends to wireline and wireless companies for providing 911 service.

In addition, the bill provides a waiver process by which IP-enabled voice service providers may continue to add subscribers after December 31, 2005. These provisions address additional issues for IP Voice service providers in making E-911 calls in a system built around a wireline network. A waiver requires a provider to demonstrate to the FCC that the provider is technically or operationally unable to comply with its rules and then permits the FCC to grant waivers of limited duration, of not more than a year, that may also be limited in geographic area.

The Committee accepted an amendment by Senator Inouye which limited the new, expedited waiver authority granted to the FCC. The terms of the bill direct the FCC to grant or deny expedited waivers to service providers within 45 days or the waiver will be deemed granted. Inouye's amendment would sunset the expedited waiver authority after four years. The FCC continues to retain its underlying authority to waive any of its rules for good cause.

Along with the substitute and Senator Inouye’s waiver amendment, the Committee adopted two other amendments to S. 1063. A Manager’s Amendment that made technical changes and minor adjustments to the underlying bill was approved by unanimous consent. An amendment offered by Senator John Sununu (R-N.H.), which ensured that nothing in the Act provides the FCC the authority to require specific technology to carry out provisions of the Act, passed 13-9.

Attached is a copy of the bill as amended.

The bill will proceed to the Senate floor for consideration at a time determined by the Senate leadership.