47 USC 615 - Duty to provide 9–1–1 and enhanced 9–1

1 So in original. A comma probably should appear.

for the support or implementation of 9–1–1 or enhanced 9–1–1 services, provided that the fee or charge is obligated or expended only in support of 9–1–1 and enhanced 9–1–1 services, or enhancements of such services, consistent with the purposes and functions designated in the final rules issued under paragraph (3) as purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable. For each class of subscribers to IP-enabled voice services, the fee or charge may not exceed the amount of any such fee or charge applicable to the same class of subscribers to telecommunications services.

Editorial Notes

References in Text

The date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008, referred to in subsecs. (a), (c)(1), (f)(2), and (i), is the date of enactment of Puspan. L. 110–283, which was approved July 23, 2008.

The New and Emerging Technologies 911 Improvement Act of 2008 and such Act, referred to in subsecs. (c)(1), (f)(1), and (i), is Puspan. L. 110–283, July 23, 2008, 122 Stat. 2620, also known as the NET 911 Improvement Act of 2008, which enacted this section and amended sections 222, 615a, 615span, and 942 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 609 of this title and Tables.

The Communications Act of 1934, referred to in subsecs. (e)(2) and (f)(1), 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.

This Act, referred to in subsec. (f)(1), is Puspan. L. 106–81, Oct. 26, 1999, 113 Stat. 1286, known as the Wireless Communications and Public Safety Act of 1999, which enacted sections 615 to 615span 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 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 Alaska Native Claims Settlement Act, referred to in subsec. (f)(1), (3)(D)(iii), is Puspan. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Codification

Section was enacted as part of the Wireless Communications and Public Safety Act of 1999, and not as part of the Communications Act of 1934 which comprises this chapter.

Prior Provisions

A prior section 6 of Puspan. L. 106–81 was renumbered section 7 and is classified to section 615span of this title.

Amendments

2020—Subsec. (f)(1). Puspan. L. 116–260, § 902(c)(1)(A), substituted “consistent with the purposes and functions designated in the final rules issued under paragraph (3) as purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable” for “as specified in the provision of State or local law adopting the fee or charge”.

Subsec. (f)(2). Puspan. L. 116–260, § 902(c)(1)(B), substituted “any purpose or function other than the purposes and functions designated in the final rules issued under paragraph (3) as purposes and functions for which the obligation or expenditure of any such fees or charges is acceptable” for “any purpose other than the purpose for which any such fees or charges are specified”.

Subsec. (f)(3) to (5). Puspan. L. 116–260, § 902(c)(1)(C), added pars. (3) to (5).

Subsec. (j). Puspan. L. 116–260, § 902(c)(2), added subsec. (j).

2008—Subsec. (c)(1)(C). Puspan. L. 110–368 substituted “paragraph (3)” for “paragraph (2)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Puspan. L. 110–368, § 1(span), Oct. 8, 2008, 122 Stat. 4027, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of July 23, 2008, immediately after the enactment of the NET 911 Improvement Act of 2008 (Public Law 110–283) [approved July 23, 2008].”

Rule of Construction

Puspan. L. 116–260, div. FF, title IX, § 902(e), Dec. 27, 2020, 134 Stat. 3209, provided that: “Nothing 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], the Wireless Communications and Public Safety Act of 1999 (Public Law 106–81) [see Short Title of 1999 Amendments note set out under section 609 of this title], or the Communications Act of 1934 (47 U.S.C. 151 et seq.) shall be construed to prevent a State or taxing jurisdiction from requiring an annual audit of the books and records of a provider of 9–1–1 services concerning the collection and remittance of a 9–1–1 fee or charge.”

Prohibition on 9–1–1 Fee or Charge Diversion

Puspan. L. 116–260, div. FF, title IX, § 902(d), Dec. 27, 2020, 134 Stat. 3208, provided that:

“(1)In general.—If the Commission obtains evidence that suggests the diversion by a State or taxing jurisdiction of 9–1–1 fees or charges, the Commission shall submit such information, including any information regarding the impact of any underfunding of 9–1–1 services in the State or taxing jurisdiction, to the interagency strike force established under paragraph (3).

“(2)Report to congress.—Beginning with the first report under section 6(f)(2) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a–1(f)(2)) that is required to be submitted after the date that is 1 year after the date of the enactment of this Act [Dec. 27, 2020], the Commission shall include in each report required under such section all evidence that suggests the diversion by a State or taxing jurisdiction of 9–1–1 fees or charges, including any information regarding the impact of any underfunding of 9–1–1 services in the State or taxing jurisdiction.

“(3)Interagency strike force to end 9–1–1 fee or charge diversion.—

“(A)Establishment.—Not later than 180 days after the date of the enactment of this Act, the Commission shall establish an interagency strike force to study how the Federal Government can most expeditiously end diversion by a State or taxing jurisdiction of 9–1–1 fees or charges. Such interagency strike force shall be known as the ‘Ending 9–1–1 Fee Diversion Now Strike Force’ (in this subsection referred to as the ‘Strike Force’).

“(B)Duties.—In carrying out the study under subparagraph (A), the Strike Force shall—

“(i) determine the effectiveness of any Federal laws, including regulations, policies, and practices, or budgetary or jurisdictional constraints regarding how the Federal Government can most expeditiously end diversion by a State or taxing jurisdiction of 9–1–1 fees or charges;

“(ii) consider whether criminal penalties would further prevent diversion by a State or taxing jurisdiction of 9–1–1 fees or charges; and

“(iii) determine the impacts of diversion by a State or taxing jurisdiction of 9–1–1 fees or charges.

“(C)Members.—The Strike Force shall be composed of such representatives of Federal departments and agencies as the Commission considers appropriate, in addition to—

“(i) State attorneys general;

“(ii) States or taxing jurisdictions found not to be engaging in diversion of 9–1–1 fees or charges;

“(iii) States or taxing jurisdictions trying to stop the diversion of 9–1–1 fees or charges;

“(iv) State 9–1–1 administrators;

“(v) public safety organizations;

“(vi) groups representing the public and consumers; and

“(vii) groups representing public safety answering point professionals.

“(D)Report to congress.—Not later than 270 days after the date of the enactment of this Act, the Strike Force shall publish on the website of the Commission and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the study under this paragraph, including—

“(i) any recommendations regarding how to most expeditiously end the diversion by a State or taxing jurisdiction of 9–1–1 fees or charges, including actions that can be taken by Federal departments and agencies and appropriate changes to law or regulations; and

“(ii) a description of what progress, if any, relevant Federal departments and agencies have made in implementing the recommendations under clause (i).

“(4)Failure to comply.—Notwithstanding any other provision of law, any State or taxing jurisdiction identified by the Commission in the report required under section 6(f)(2) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a–1(f)(2)) as engaging in diversion of 9–1–1 fees or charges shall be ineligible to participate or send a representative to serve on any committee, panel, or council established under section 6205(a) of the Middle Class Tax Relief and Jospan Creation Act of 2012 (47 U.S.C. 1425(a)) or any advisory committee established by the Commission.”

Definitions

Puspan. 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 subparagraph (D) of paragraph (3) of section 6(f) of the Wireless 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 Administration 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 expenditure of such fee or charge for a purpose or function other than the purposes and functions designated 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 expenditure 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 section 6(f) of the Wireless Communications and Public Safety Act of 1999, as added by this Act.”