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RS20359: Wireless Communication and Public Safety Act of 1999:
(S. 800 and H.R. 438) Common Features and Differences in Brief

Charles Doyle

Senior Specialist
American Law Division

October 12, 1999

Summary

The House and Senate versions of the Wireless Communication and Public Safety Act (H.R. 438 and S. 800) are identical in most respects. They both call for the designation of 911 as a universal emergency assistance number. They offer mobile phone companies emergency call-related immunity comparable to that enjoyed other phone companies. The House version gives the states 2 years to substitute their own immunity provisions.

Common Features

- Requires the Federal Communications Commission (FCC) to designate 911 as the universal emergency telephone number throughout the United States for both wire and wireless phones.

- Instructs the FCC to encourage and support state development of comprehensive deployment plans that feature broad participation by affected parties.

- Directs that wire and wireless phone companies and employees as well as wire and wireless phone users enjoy comparable immunity from emergency service-related law suits. (Precise immunity language differs as noted below).

- Commands phone companies to provide subscriber information (including location of instruments regardless of whether the information is "listed" or "unlisted") when necessary to provide emergency services.

Differences

The principle difference between S. 800 and H.R. 438 is that the House passed bill affords wireless carriers immunity that is not less than that afforded wire carriers. And it gives the states 2 years to enact a different immunity scheme. S. 800 calls for parity and affords the states no such options. The Senate bill also extends the same level immunity to public safety answering point providers (dispatchers) for wireless emergency-related services that they enjoy with respect to wire emergency services. The House is silent on the question.

Legislative Action to Date

The Commerce Committee's Subcommittee on Telecommunications, Trade, and Consumer Protection held hearings on H.R. 438 in early February at which it heard testimony from the FCC, local police, the wireless communications industry, and privacy groups. The full Committee reported out an amended version soon thereafter, H.Rept. 106-25. The House passed the bill on February 24, 1999 (415-2), 145 Cong.Rec. H737 (daily ed. February 24, 1999).

The Senate Commerce, Science and Transportation Committee's Subcommittee on Communications held hearings on S. 800 on April 14, 1999 during which similar array of witnesses appeared. The full Committee reported out an amended bill, S.Rept. 106-138, which passed the Senate on August 5, 1999, by voice vote, 145 Cong.Rec. S10533 (daily ed. Aug. 5, 1999).


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