Next Generation 911 (NG911) Advancement Act of 2012

PUBLIC LAW 112–96—FEB. 22, 2012

126 STAT. 237

(ii) improved integration of amateur radio operators
in the planning and furtherance of initiatives of the Federal
Government; and
(2)(A) an identification of impediments to enhanced amateur radio service communications, such as the effects of
unreasonable or unnecessary private land use restrictions on
residential antenna installations; and
(B) recommendations regarding the removal of such impediments.
(c) EXPERTISE.—In conducting the study required by subsection
(a), the Commission shall use the expertise of stakeholder entities
and organizations, including the amateur radio, emergency
response, and disaster communications communities.

Subtitle E—Next Generation 9–1–1
Advancement Act of 2012

Next Generation
9–1–1
Advancement Act
of 2012.

SEC. 6501. SHORT TITLE.

This subtitle may be cited as the ‘‘Next Generation 9–1–1
Advancement Act of 2012’’.
SEC. 6502. DEFINITIONS.

47 USC 1401
note.

47 USC 1471.

In this subtitle, the following definitions shall apply:
(1) 9–1–1 SERVICES AND E9–1–1 SERVICES.—The terms ‘‘9–
1–1 services’’ and ‘‘E9–1–1 services’’ shall have the meaning
given those terms in section 158 of the National Telecommunications and Information Administration Organization Act (47
U.S.C. 942), as amended by this subtitle.
(2) MULTI-LINE TELEPHONE SYSTEM.—The term ‘‘multi-line
telephone system’’ or ‘‘MLTS’’ means a system comprised of
common control units, telephone sets, control hardware and
software and adjunct systems, including network and premises
based systems, such as Centrex and VoIP, as well as PBX,
Hybrid, and Key Telephone Systems (as classified by the
Commission under part 68 of title 47, Code of Federal Regulations), and includes systems owned or leased by governmental
agencies and non-profit entities, as well as for profit businesses.
(3) OFFICE.—The term ‘‘Office’’ means the 9–1–1
Implementation Coordination Office established under section
158 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942), as amended
by this subtitle.
SEC. 6503. COORDINATION OF 9–1–1 IMPLEMENTATION.

Section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942) is amended
to read as follows:

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‘‘SEC. 158. COORDINATION OF 9–1–1, E9–1–1, AND NEXT GENERATION
9–1–1 IMPLEMENTATION.

‘‘(a) 9–1–1 IMPLEMENTATION COORDINATION OFFICE.—
‘‘(1) ESTABLISHMENT AND CONTINUATION.—The Assistant
Secretary and the Administrator of the National Highway
Traffic Safety Administration shall—
‘‘(A) establish and further a program to facilitate
coordination and communication between Federal, State,

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Deadline.

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PUBLIC LAW 112–96—FEB. 22, 2012

and local emergency communications systems, emergency
personnel, public safety organizations, telecommunications
carriers, and telecommunications equipment manufacturers
and vendors involved in the implementation of 9–1–1 services; and
‘‘(B) establish a 9–1–1 Implementation Coordination
Office to implement the provisions of this section.
‘‘(2) MANAGEMENT PLAN.—
‘‘(A) DEVELOPMENT.—The Assistant Secretary and the
Administrator shall develop a management plan for the
grant program established under this section, including
by developing—
‘‘(i) plans related to the organizational structure
of such program; and
‘‘(ii) funding profiles for each fiscal year of the
duration of such program.
‘‘(B) SUBMISSION TO CONGRESS.—Not later than 90 days
after the date of enactment of the Next Generation 9–
1–1 Advancement Act of 2012, the Assistant Secretary
and the Administrator shall submit the management plan
developed under subparagraph (A) to—
‘‘(i) the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate; and
‘‘(ii) the Committees on Energy and Commerce
and Appropriations of the House of Representatives.
‘‘(3) PURPOSE OF OFFICE.—The Office shall—
‘‘(A) take actions, in concert with coordinators designated in accordance with subsection (b)(3)(A)(ii), to
improve coordination and communication with respect to
the implementation of 9–1–1 services, E9–1–1 services,
and Next Generation 9–1–1 services;
‘‘(B) develop, collect, and disseminate information concerning practices, procedures, and technology used in the
implementation of 9–1–1 services, E9–1–1 services, and
Next Generation 9–1–1 services;
‘‘(C) advise and assist eligible entities in the preparation of implementation plans required under subsection
(b)(3)(A)(iii);
‘‘(D) receive, review, and recommend the approval or
disapproval of applications for grants under subsection (b);
and
‘‘(E) oversee the use of funds provided by such grants
in fulfilling such implementation plans.
‘‘(4) REPORTS.—The Assistant Secretary and the Administrator shall provide an annual report to Congress by the first
day of October of each year on the activities of the Office
to improve coordination and communication with respect to
the implementation of 9–1–1 services, E9–1–1 services, and
Next Generation 9–1–1 services.
‘‘(b) 9–1–1, E9–1–1, AND NEXT GENERATION 9–1–1 IMPLEMENTATION GRANTS.—
‘‘(1) MATCHING GRANTS.—The Assistant Secretary and the
Administrator, acting through the Office, shall provide grants
to eligible entities for—

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PUBLIC LAW 112–96—FEB. 22, 2012

126 STAT. 239

‘‘(A) the implementation and operation of 9–1–1 services, E9–1–1 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 9–1–1 services and applications;
‘‘(B) the implementation of IP-enabled emergency services and applications enabled by Next Generation 9–1–
1 services, including the establishment of IP backbone networks and the application layer software infrastructure
needed to interconnect the multitude of emergency response
organizations; and
‘‘(C) training public safety personnel, including calltakers, first responders, and other individuals and
organizations who are part of the emergency response chain
in 9–1–1 services.
‘‘(2) MATCHING REQUIREMENT.—The Federal share of the
cost of a project eligible for a grant under this section shall
not exceed 60 percent.
‘‘(3) COORDINATION REQUIRED.—In providing grants under
paragraph (1), the Assistant Secretary and the Administrator
shall require an eligible entity to certify in its application
that—
‘‘(A) in the case of an eligible entity that is a State
government, the entity—
‘‘(i) has coordinated its application with the public
safety answering points located within the jurisdiction
of such entity;
‘‘(ii) has designated a single officer or governmental
body of the entity to serve as the coordinator of
implementation of 9–1–1 services, except that such
designation need not vest such coordinator with direct
legal authority to implement 9–1–1 services, E9–1–
1 services, or Next Generation 9–1–1 services or to
manage emergency communications operations;
‘‘(iii) has established a plan for the coordination
and implementation of 9–1–1 services, E9–1–1 services,
and Next Generation 9–1–1 services; and
‘‘(iv) has integrated telecommunications services
involved in the implementation and delivery of 9–1–
1 services, E9–1–1 services, and Next Generation 9–
1–1 services; or
‘‘(B) in the case of an eligible entity that is not a
State, the entity has complied with clauses (i), (iii), and
(iv) of subparagraph (A), and the State in which it is
located has complied with clause (ii) of such subparagraph.
‘‘(4) CRITERIA.—Not later than 120 days after the date
of enactment of the Next Generation 9–1–1 Advancement Act
of 2012, the Assistant Secretary and the Administrator shall
issue regulations, after providing the public with notice and
an opportunity to comment, prescribing the criteria for selection
for grants under this section. The criteria shall include performance requirements and a timeline for completion of any project
to be financed by a grant under this section. The Assistant
Secretary and the Administrator shall update such regulations
as necessary.
‘‘(c) DIVERSION OF 9–1–1 CHARGES.—
‘‘(1) DESIGNATED 9–1–1 CHARGES.—For the purposes of this
subsection, the term ‘designated 9–1–1 charges’ means any

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Certification.

Deadline.
Regulations.
Public comments.

Definition.

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Time period.

Applicability.

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PUBLIC LAW 112–96—FEB. 22, 2012

taxes, fees, or other charges imposed by a State or other taxing
jurisdiction that are designated or presented as dedicated to
deliver or improve 9–1–1 services, E9–1–1 services, or Next
Generation 9–1–1 services.
‘‘(2) CERTIFICATION.—Each applicant for a matching grant
under this section shall certify to the Assistant Secretary and
the Administrator at the time of application, and each applicant
that receives such a grant shall certify to the Assistant Secretary and the Administrator annually thereafter during any
period of time during which the funds from the grant are
available to the applicant, that no portion of any designated
9–1–1 charges imposed by a State or other taxing jurisdiction
within which the applicant is located are being obligated or
expended for any purpose other than the purposes for which
such charges are designated or presented during the period
beginning 180 days immediately preceding the date of the
application and continuing through the period of time during
which the funds from the grant are available to the applicant.
‘‘(3) CONDITION OF GRANT.—Each applicant for a grant
under this section shall agree, as a condition of receipt of
the grant, that if the State or other taxing jurisdiction within
which the applicant is located, during any period of time during
which the funds from the grant are available to the applicant,
obligates or expends designated 9–1–1 charges for any purpose
other than the purposes for which such charges are designated
or presented, eliminates such charges, or redesignates such
charges for purposes other than the implementation or operation of 9–1–1 services, E9–1–1 services, or Next Generation
9–1–1 services, all of the funds from such grant shall be
returned to the Office.
‘‘(4) PENALTY FOR PROVIDING FALSE INFORMATION.—Any
applicant that provides a certification under paragraph (2)
knowing that the information provided in the certification was
false shall—
‘‘(A) not be eligible to receive the grant under subsection (b);
‘‘(B) return any grant awarded under subsection (b)
during the time that the certification was not valid; and
‘‘(C) not be eligible to receive any subsequent grants
under subsection (b).
‘‘(d) FUNDING AND TERMINATION.—
‘‘(1) IN GENERAL.—From the amounts made available to
the Assistant Secretary and the Administrator under section
6413(b)(6) of the Middle Class Tax Relief and Job Creation
Act of 2012, the Assistant Secretary and the Administrator
are authorized to provide grants under this section through
the end of fiscal year 2022. Not more than 5 percent of such
amounts may be obligated or expended to cover the administrative costs of carrying out this section.
‘‘(2) TERMINATION.—Effective on October 1, 2022, the
authority provided by this section terminates and this section
shall have no effect.
‘‘(e) DEFINITIONS.—In this section, the following definitions shall
apply:
‘‘(1) 9–1–1 SERVICES.—The term ‘9–1–1 services’ includes
both E9–1–1 services and Next Generation 9–1–1 services.

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PUBLIC LAW 112–96—FEB. 22, 2012

126 STAT. 241

‘‘(2) E9–1–1 SERVICES.—The term ‘E9–1–1 services’ means
both phase I and phase II enhanced 9–1–1 services, as described
in section 20.18 of the Commission’s regulations (47 C.F.R.
20.18), as in effect on the date of enactment of the Next Generation 9–1–1 Advancement Act of 2012, or as subsequently revised
by the Commission.
‘‘(3) ELIGIBLE ENTITY.—
‘‘(A) IN GENERAL.—The term ‘eligible entity’ means a
State or local government or a tribal organization (as
defined in section 4(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(l))).
‘‘(B) INSTRUMENTALITIES.—The term ‘eligible entity’
includes public authorities, boards, commissions, and
similar bodies created by one or more eligible entities
described in subparagraph (A) to provide 9–1–1 services,
E9–1–1 services, or Next Generation 9–1–1 services.
‘‘(C) EXCEPTION.—The term ‘eligible entity’ does not
include any entity that has failed to submit the most
recently required certification under subsection (c) within
30 days after the date on which such certification is due.
‘‘(4) EMERGENCY CALL.—The term ‘emergency call’ refers
to any real-time communication with a public safety answering
point or other emergency management or response agency,
including—
‘‘(A) through voice, text, or video and related data;
and
‘‘(B) nonhuman-initiated automatic event alerts, such
as alarms, telematics, or sensor data, which may also
include real-time voice, text, or video communications.
‘‘(5) NEXT GENERATION 9–1–1 SERVICES.—The term ‘Next
Generation 9–1–1 services’ means an IP-based system comprised of hardware, software, data, and operational policies
and procedures that—
‘‘(A) provides standardized interfaces from emergency
call and message services to support emergency communications;
‘‘(B) processes all types of emergency calls, including
voice, data, and multimedia information;
‘‘(C) acquires and integrates additional emergency call
data useful to call routing and handling;
‘‘(D) delivers the emergency calls, messages, and data
to the appropriate public safety answering point and other
appropriate emergency entities;
‘‘(E) supports data or video communications needs for
coordinated incident response and management; and
‘‘(F) provides broadband service to public safety
answering points or other first responder entities.
‘‘(6) OFFICE.—The term ‘Office’ means the 9–1–1
Implementation Coordination Office.
‘‘(7) PUBLIC SAFETY ANSWERING POINT.—The term ‘public
safety answering point’ has the meaning given the term in
section 222 of the Communications Act of 1934 (47 U.S.C.
222).
‘‘(8) STATE.—The term ‘State’ means any State of the
United States, the District of Columbia, Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, the Northern

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126 STAT. 242

PUBLIC LAW 112–96—FEB. 22, 2012
Mariana Islands, and any other territory or possession of the
United States.’’.

Deadlines.

SEC. 6504. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYSTEMS.

Reports.

(a) IN GENERAL.—Not later than 270 days after the date of
the enactment of this Act, the Administrator of General Services,
in conjunction with the Office, shall issue a report to Congress
identifying the 9–1–1 capabilities of the multi-line telephone system
in use by all Federal agencies in all Federal buildings and properties.
(b) COMMISSION ACTION.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Commission shall issue a
public notice seeking comment on the feasibility of MLTS manufacturers including within all such systems manufactured or
sold after a date certain, to be determined by the Commission,
one or more mechanisms to provide a sufficiently precise indication of a 9–1–1 caller’s location, while avoiding the imposition
of undue burdens on MLTS manufacturers, providers, and
operators.
(2) SPECIFIC REQUIREMENT.—The public notice under paragraph (1) shall seek comment on the National Emergency
Number Association’s ‘‘Technical Requirements Document On
Model Legislation E9–1–1 for Multi-Line Telephone Systems’’
(NENA 06–750, Version 2).

Notice.

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SEC. 6505. GAO STUDY OF STATE AND LOCAL USE OF 9–1–1 SERVICE
CHARGES.
Deadline.

(a) IN GENERAL.—Not later than 60 days after the date of
the enactment of this Act, the Comptroller General of the United
States shall initiate a study of—
(1) the imposition of taxes, fees, or other charges imposed
by States or political subdivisions of States that are designated
or presented as dedicated to improve emergency communications services, including 9–1–1 services or enhanced 9–1–1 services, or related to emergency communications services operations or improvements; and
(2) the use of revenues derived from such taxes, fees, or
charges.
(b) REPORT.—Not later than 18 months after initiating the
study required by subsection (a), the Comptroller General shall
prepare and submit a report on the results of the study to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives setting forth the findings, conclusions, and recommendations, if any, of the study, including—
(1) the identity of each State or political subdivision that
imposes such taxes, fees, or other charges; and
(2) the amount of revenues obligated or expended by that
State or political subdivision for any purpose other than the
purposes for which such taxes, fees, or charges were designated
or presented.

47 USC 1472.

SEC. 6506. PARITY OF PROTECTION FOR PROVISION OR USE OF NEXT
GENERATION 9–1–1 SERVICES.

(a) IMMUNITY.—A provider or user of Next Generation 9–1–
1 services, a public safety answering point, and the officers, directors, employees, vendors, agents, and authorizing government entity

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126 STAT. 243

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(if any) of such provider, user, or public safety answering point,
shall have immunity and protection from liability under Federal
and State law to the extent provided in subsection (b) with respect
to—
(1) the release of subscriber information related to emergency calls or emergency services;
(2) the use or provision of 9–1–1 services, E9–1–1 services,
or Next Generation 9–1–1 services; and
(3) other matters related to 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 services.
(b) SCOPE OF IMMUNITY AND PROTECTION FROM LIABILITY.—
The scope and extent of the immunity and protection from liability
afforded under subsection (a) shall be the same as that provided
under section 4 of the Wireless Communications and Public Safety
Act of 1999 (47 U.S.C. 615a) to wireless carriers, public safety
answering points, and users of wireless 9–1–1 service (as defined
in paragraphs (4), (3), and (6), respectively, of section 6 of that
Act (47 U.S.C. 615b)) with respect to such release, use, and other
matters.

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SEC. 6507. COMMISSION PROCEEDING ON AUTODIALING.

47 USC 1473.

(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Commission shall initiate a proceeding to create a specialized Do-Not-Call registry for public safety
answering points.
(b) FEATURES OF THE REGISTRY.—The Commission shall issue
regulations, after providing the public with notice and an opportunity to comment, that—
(1) permit verified public safety answering point administrators or managers to register the telephone numbers of all
9–1–1 trunks and other lines used for the provision of emergency services to the public or for communications between
public safety agencies;
(2) provide a process for verifying, no less frequently than
once every 7 years, that registered numbers should continue
to appear upon the registry;
(3) provide a process for granting and tracking access to
the registry by the operators of automatic dialing equipment;
(4) protect the list of registered numbers from disclosure
or dissemination by parties granted access to the registry;
and
(5) prohibit the use of automatic dialing or ‘‘robocall’’ equipment to establish contact with registered numbers.
(c) ENFORCEMENT.—The Commission shall—
(1) establish monetary penalties for violations of the protective regulations established pursuant to subsection (b)(4) of
not less than $100,000 per incident nor more than $1,000,000
per incident;
(2) establish monetary penalties for violations of the
prohibition on automatically dialing registered numbers established pursuant to subsection (b)(5) of not less than $10,000
per call nor more than $100,000 per call; and
(3) provide for the imposition of fines under paragraphs
(1) or (2) that vary depending upon whether the conduct leading
to the violation was negligent, grossly negligent, reckless, or
willful, and depending on whether the violation was a first
or subsequent offence.

Deadline.

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Regulations.
Notice.

Penalties.
Fines.

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PUBLIC LAW 112–96—FEB. 22, 2012

SEC. 6508. REPORT ON COSTS FOR REQUIREMENTS AND SPECIFICATIONS OF NEXT GENERATION 9–1–1 SERVICES.

(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Office, in consultation with the Administrator of the National Highway Traffic Safety Administration, the
Commission, and the Secretary of Homeland Security, shall prepare
and submit a report to Congress that analyzes and determines
detailed costs for specific Next Generation 9–1–1 service requirements and specifications.
(b) PURPOSE OF REPORT.—The purpose of the report required
under subsection (a) is to serve as a resource for Congress as
it considers creating a coordinated, long-term funding mechanism
for the deployment and operation, accessibility, application development, equipment procurement, and training of personnel for Next
Generation 9–1–1 services.
(c) REQUIRED INCLUSIONS.—The report required under subsection (a) shall include the following:
(1) How costs would be broken out geographically and
allocated among public safety answering points, broadband
service providers, and third-party providers of Next Generation
9–1–1 services.
(2) An assessment of the current state of Next Generation
9–1–1 service readiness among public safety answering points.
(3) How differences in public safety answering points’ access
to broadband across the United States may affect costs.
(4) A technical analysis and cost study of different delivery
platforms, such as wireline, wireless, and satellite.
(5) An assessment of the architectural characteristics, feasibility, and limitations of Next Generation 9–1–1 service
delivery.
(6) An analysis of the needs for Next Generation 9–1–
1 services of persons with disabilities.
(7) Standards and protocols for Next Generation 9–1–1
services and for incorporating Voice over Internet Protocol and
‘‘Real-Time Text’’ standards.
SEC. 6509. COMMISSION RECOMMENDATIONS FOR LEGAL AND STATUTORY FRAMEWORK FOR NEXT GENERATION 9–1–1 SERVICES.

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Deadline.
Reports.

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Not later than 1 year after the date of the enactment of this
Act, the Commission, in coordination with the Secretary of Homeland Security, the Administrator of the National Highway Traffic
Safety Administration, and the Office, shall prepare and submit
a report to Congress that contains recommendations for the legal
and statutory framework for Next Generation 9–1–1 services, consistent with recommendations in the National Broadband Plan
developed by the Commission pursuant to the American Recovery
and Reinvestment Act of 2009, including the following:
(1) A legal and regulatory framework for the development
of Next Generation 9–1–1 services and the transition from
legacy 9–1–1 to Next Generation 9–1–1 networks.
(2) Legal mechanisms to ensure efficient and accurate
transmission of 9–1–1 caller information to emergency response
agencies.
(3) Recommendations for removing jurisdictional barriers
and inconsistent legacy regulations including—

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(A) proposals that would require States to remove regulatory roadblocks to Next Generation 9–1–1 services
development, while recognizing existing State authority
over 9–1–1 services;
(B) eliminating outdated 9–1–1 regulations at the Federal level; and
(C) preempting inconsistent State regulations.

Subtitle F—Telecommunications
Development Fund
SEC. 6601. NO ADDITIONAL FEDERAL FUNDS.

Section 309(j)(8)(C)(iii) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)(C)(iii)) is amended to read as follows:
‘‘(iii) the interest accrued to the account shall be
deposited in the general fund of the Treasury, where
such amount shall be dedicated for the sole purpose
of deficit reduction.’’.
SEC. 6602. INDEPENDENCE OF THE FUND.

Section 714 of the Communications Act of 1934 (47 U.S.C.
614) is amended—
(1) by striking subsection (c) and inserting the following:
‘‘(c) INDEPENDENT BOARD OF DIRECTORS.—The Fund shall have
a Board of Directors consisting of 5 people with experience in
areas including finance, investment banking, government banking,
communications law and administrative practice, and public policy.
The Board of Directors shall select annually a Chair from among
the directors. A nominating committee, comprised of the Chair
and 2 other directors selected by the Chair, shall appoint additional
directors. The Fund’s bylaws shall regulate the other aspects of
the Board of Directors, including provisions relating to meetings,
quorums, committees, and other matters, all as typically contained
in the bylaws of a similar private investment fund.’’;
(2) in subsection (d)—
(A) by striking ‘‘(after consultation with the Commission and the Secretary of the Treasury)’’;
(B) by striking paragraph (1); and
(C) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(3) in subsection (g), by striking ‘‘subsection (d)(2)’’ and
inserting ‘‘subsection (d)(1)’’.

Deadline.
Appointments.

Subtitle G—Federal Spectrum Relocation

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SEC. 6701. RELOCATION OF AND SPECTRUM SHARING BY FEDERAL
GOVERNMENT STATIONS.

(a) IN GENERAL.—Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C.
923) is amended—
(1) in subsection (g)—
(A) by striking the heading and inserting ‘‘RELOCATION
OF AND SPECTRUM SHARING BY FEDERAL GOVERNMENT STATIONS.—’’;
(B) by amending paragraph (1) to read as follows:

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