§9.3. Definitions. — Inbound Citations

(f) Develop and administer recordkeeping and reporting requirements for telecommunications carriers, providers of interconnected VoIP service (as that term is defined in § 9.3 of this chapter), and providers of broadband services.

(4) Providers of Interconnected Voice over internet Protocol (VoIP) service (as defined in § 9.3 of this chapter) to end users.

(h) are providers of interconnected VoIP service. See § 9.3 of this chapter for the definition of interconnected VoIP service. Such providers may be facilities-based or non-facilities-based. Also included are affiliated and non-affiliated entities that maintain or provide communications networks or services used by the provider in offering such communications.

(d) Any provider of interconnected Voice over Internet Protocol (VoIP) service, as that term is defined in § 9.3 of this chapter; and

(e) The term interconnected VoIP service shall have the same meaning as in § 9.3 of this chapter.

(r) CIS providers regulated as private mobile radio service (see § 9.3) must transmit all wireless 911 calls without respect to their call validation process to a Public Safety Answering Point, or, where no Public Safety Answering Point has been designated, to a designated statewide default answering point or appropriate local emergency authority pursuant to § 9.4, provided that “all wireless 911 calls” is defined as “any call initiated by a wireless user dialing 911 on a phone using a compliant radio frequency protocol of the serving carrier.” This requirement shall not apply if the Public Safety Answering Point or emergency authority informs the CIS provider that it does not wish to receive 911 calls from the CIS provider.

(b) for non-fixed services—(1) Scope. The following requirements of paragraphs (b)(1) through (5) of this section are only applicable to all providers of interconnected VoIP services. Further, these requirements apply only to 911 calls placed by users whose dispatchable location is in a geographic area served by a Wireline E911 Network (which, as defined in § 9.3, includes a selective router).

(i) Interconnected VoIP service providers must, as a condition of providing service to a consumer, provide that consumer with E911 service as described in this section;

(ii) Interconnected VoIP service providers must transmit the following to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's dispatchable location and that has been designated for telecommunications carriers pursuant to § 9.4:

(A) All 911 calls, provided that “all 911 calls” is defined as “any voice communication initiated by an interconnected VoIP user dialing 911;”

(B) ANI; and

(iii) All 911 calls must be routed through the use of ANI and, if necessary, pseudo-ANI, via the dedicated Wireline E911 Network, provided that nothing in this subparagraph shall preclude routing the call first to a national emergency call center to ascertain the caller's location in the event that the interconnected VoIP service provider is unable to obtain or confirm the caller's location information; and

(iv) The location information described in paragraph (b)(4) of this section must be available to the appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority from or through the appropriate automatic location information (ALI) database.

(3) Notwithstanding the provisions in paragraph (b)(2) of this section, if a PSAP, designated statewide default answering point, or appropriate local emergency authority is not capable of receiving and processing either ANI or location information, an interconnected VoIP service provider need not provide such ANI or location information; however, nothing in this paragraph affects the obligation under paragraph (b)(2)(iii) of this section of an interconnected VoIP service provider to transmit via the Wireline E911 Network all 911 calls to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's dispatchable location and that has been designated for telecommunications carriers pursuant to § 9.4.

(4) To meet E911 service requirements, interconnected VoIP service providers must provide location information with each 911 call as follows:

(i) Providers of fixed interconnected VoIP services must provide automated dispatchable location with each 911 call.

(ii) For non-fixed interconnected VoIP service (service that is capable of being used from more than one location), interconnected VoIP service providers must provide location information in accordance with paragraph (b)(4)(ii)(A) of this section, if technically feasible. Otherwise, interconnected VoIP service providers must either provide location information in accordance with paragraph (b)(4)(ii)(B) or (C), or meet paragraph (b)(4)(ii)(D) of this section.

(B) (1) The service provider has obtained from the customer, prior to the initiation of service, the Registered Location (as defined in § 9.3) at which the service will first be used;

(2) The service provider has provided end users one or more methods of updating their Registered Location, including at least one option that requires use only of the CPE necessary to access the interconnected VoIP service. Any method used must allow an end user to update the Registered Location at will and in a timely manner; and

(3) The service provider must identify whether the service is being used to call 911 from a different location than the Registered Location, and if so, either:

(i) Prompt the customer to provide a new Registered Location; or

(ii) Update the Registered Location without requiring additional action by the customer.

(C) Provide Alternative Location Information as defined in § 9.3.

(i) Each interconnected VoIP service provider shall specifically advise every subscriber, both new and existing, prominently and in plain language, of the circumstances under which E911 service may not be available through the interconnected VoIP service or may be in some way limited by comparison to traditional E911 service. Such circumstances include, but are not limited to, relocation of the end user's IP-compatible CPE, use by the end user of a non-native telephone number, broadband connection failure, loss of electrical power, and delays that may occur in making a dispatchable location available in or through the ALI database;

(ii) Each interconnected VoIP service provider shall obtain and keep a record of affirmative acknowledgement by every subscriber, both new and existing, of having received and understood the advisory described in paragraph (b)(5)(i) of this section; and

(iii) Each interconnected VoIP service provider shall either:

(A) Distribute to its existing subscribers, and to each new subscriber prior to the initiation of that subscriber's service, warning stickers or labels warning subscribers if E911 service may be limited or not available, and instructing the subscriber to place them on or near the equipment used in conjunction with the interconnected VoIP service; or

(B) Notify existing subscribers, and each new subscriber prior to the initiation of that subscriber's service, by other conspicuous means if E911 service may be limited or not available.

Any violation of this subpart E by any common carrier engaged in intrastate communication shall be subject to the same remedies, penalties, and procedures as are applicable to a violation of the Act by a common carrier engaged in interstate communication. For purposes of this subpart, all regulations and requirements applicable to common carriers shall also be applicable to providers of interconnected VoIP service as defined in § 9.3.

(B) (1) The service provider has obtained from the customer, prior to the initiation of service, the Registered Location (as defined in § 9.3) at which the service will first be used;

(2) The service provider has provided end users one or more methods of updating their Registered Location, including at least one option that requires use only of the internet-based TRS access technology necessary to access the VRS or IP Relay. Any method used must allow an end user to update the Registered Location at will and in a timely manner; and

(3) If the VRS or IP Relay is capable of being used from more than one location, if it is not possible to automatically determine the Registered internet-based TRS user's location at the time of the initiation of an emergency call, verify the current location with the user at the beginning of an emergency call.

(ii) Dispatchable location requirements for on-premises non-fixed devices associated with a multi-line telephone system. No later than January 6, 2022, an on-premises non-fixed device associated with a multi-line telephone system shall provide to the appropriate PSAP automated dispatchable location, when technically feasible; otherwise, it shall provide dispatchable location based on end user manual update, or alternative location information as defined in § 9.3.

(a) Terms in this section and § 9.20 have the meanings set forth in §§ 9.3 and 9.28 and as follows:

(1) A point at which network monitoring data for a 911 service area is collected and routed to a network operations center (NOC) or other location for monitoring and analyzing network status and performance.

(2) An attestation by a certifying official, under penalty of perjury, that a covered 911 service provider:

(i) Has satisfied the obligations of paragraph (c) of this section and § 9.20(a);

(ii) Has adequate internal controls to bring material information regarding network architecture, operations, and maintenance to the certifying official's attention; and

(iii) Has made the certifying official aware of all material information reasonably necessary to complete the certification.

(3) A corporate officer of a covered 911 service provider with supervisory and budgetary authority over network operations in all relevant service areas.

(i) Any entity that provides covered 911 services, which are 911, E911, or NG911 services for which a failure would impede the real-time routing, delivery, or transfer of 911 traffic. Covered 911 services include:

(A) The provision of 911, E911, or NG911 capabilities such as call routing, automatic location information (ALI), automatic number identification (ANI), or the functional equivalent of those capabilities, directly to a public safety answering point (PSAP), statewide default answering point, or appropriate local emergency authority as defined in § 9.3.

(B) For purposes of this section, a central office directly serves a PSAP if it hosts a selective router or ALI/ANI database, provides equivalent NG911 capabilities, or is the last service-provider facility through which a 911 trunk or administrative line passes before connecting to a PSAP.

(C) The provision of Next Generation Core Services (NGCS) facilities, including NGCS location facilities or NGCS routing facilities, directly by contract or tariffed service to any 911 Authority, whether via owned and operated facilities or leased or contracted facilities.

(E) The operation of a Location Information Server (LIS) or equivalent IP 911 location database that provides service to two or more originating service providers (OSPs).

(F) The operation of a Legacy Network Gateway (LNG), a legacy selective router gateway (LSRG), or an emergency services gateway (ESGW) used for IP conversion of 911 traffic, that provides service to two or more OSPs.

(J) For purposes of the requirement in § 4.9(h) of this chapter to notify 911 special facilities about outages that potentially affect them, only entities described in paragraphs (a)(4)(i)(A) through (D) of this section are “covered 911 service providers.”

(ii) The term “covered 911 service provider” shall not include any entity that:

(A) Constitutes a PSAP, 911 Authority, or other governmental authority to the extent that it provides 911, E911, or NG911 capabilities; or

(B) Offers the capability to originate 911 calls where another service provider delivers those calls and associated number or location information to the appropriate 911 Authority.

(i) 911 facilities that originate at a selective router and terminate in the central office that serves the PSAP(s) to which the selective router delivers 911 calls, including all equipment in the serving central office necessary for the delivery of 911 calls to the PSAP. Legacy covered 911 circuits also include ALI and ANI facilities that originate at the ALI or ANI database and terminate in the central office that serves the PSAP(s) to which the ALI or ANI databases deliver 911 caller information, including all equipment in the serving central office necessary for the delivery of such information to the PSAP(s). In NG911 transitional architecture, circuits connected to LSRGs, ESGWs, or LPGs are also legacy covered 911 circuits.

(ii) Paths carrying IP communications that:

(A) Originate at an NG911 Delivery Point or equivalent ESInet point of interconnection and terminate at the last routing facility before the NG911 PSAP or the legacy PSAP gateway, including all equipment associated with a covered 911 service necessary for the delivery of 911 traffic to the PSAP, such as any trunks, circuits, or paths to and from NGCS facilities and the ESInet transmission network necessary for routing and caller location information to the PSAP(s), and any intermediate paths in the chains of delivery;

(B) Transport 911 traffic via major IP transport facilities for ultimate delivery at an NG911 Delivery Point or equivalent ESInet point of interconnection, including any intermediate paths in the chain of delivery; or

(C) Transport 911 traffic via IP 911 traffic aggregation facilities for ultimate delivery at an NG911 Delivery Point or equivalent ESInet point of interconnection, including any interconnecting paths between ESInets, and including any intermediate paths in the chain of delivery.

(6) A periodic analysis of the geographic routing of network components to determine whether they are physically diverse. Diversity audits may be performed through manual or automated means, or through a review of paper or electronic records, as long as they reflect whether covered 911 circuits and paths are physically diverse.

(7) Facilities that collect and transmit network monitoring data to a NOC or other location for monitoring and analyzing network status and performance.

(8) Circuits or paths are physically diverse if they provide more than one physical route between end points with no common points where a single failure at that point would cause both circuits or paths to fail. Circuits or paths that share a common segment such as a fiber-optic cable or circuit board are not physically diverse even if they are logically diverse for purposes of transmitting data. IP routers, transport nodes, and node links create physical diversity if these elements are redundant, geographically distributed, load balanced, and capable of automatic failover and rerouting to redundant elements sufficient to reasonably mitigate the risks of single points of failure.

(9) An inventory management process whereby legacy covered 911 circuits are labeled in circuit inventory databases to make it less likely that circuit rearrangements will compromise diversity. A covered 911 service provider may use any system it wishes to tag legacy covered 911 circuits so long as it tracks whether those facilities are physically diverse and identifies changes that would compromise such diversity.

(10) 911 network architecture is geographically distributed if 911 traffic can be delivered through more than one covered 911 facility in different geographic locations in different physical facilities.

(11) 911 network architecture is load balanced if call volume is dynamically distributed among multiple active databases or call processing facilities to accommodate changes in traffic volume.

(12) Dedicated SIP facilities that include voice and text transport meeting or exceeding Optical Carrier 48 (OC48)/2.5 Gbps in capacity that collect and/or transmit IP 911 traffic mixed with non-911 traffic, originated from two or more OSPs and transported over interstate routes, for ultimate transport and delivery to an NG911 Delivery Point or equivalent ESInet point of interconnection. Any 911 traffic originated on the facility provider's network is not considered for purposes of determining whether a provider is serving two or more OSPs.

(13) Facilities that collect and segregate IP 911 traffic from non-911 traffic for two or more OSPs, or transport such 911-only traffic for ultimate delivery to an NG911 Delivery Point or equivalent ESInet point of interconnection. Any 911 traffic originated on the facility provider's network is not considered for purposes of determining whether a provider is serving two or more OSPs.

(14) NG911 IP facilities connected to an ESInet that enable the real-time provision of 911 caller location information to the PSAPs, including but not limited to the Emergency Call Routing Function (ECRF), the Location Validation Function (LVF), and successor technologies.

(15) NG911 IP facilities connected to an ESInet that enable the real-time routing, delivery, or transfer of 911 traffic to PSAPs along with callback information and other associated data, including but not limited to the Emergency Services Routing Proxy (ESRP), the Policy Routing Function (PRF), and successor technologies.

(16) Interstate facilities that transport IP 911 traffic from an ESInet for ultimate delivery to another ESInet, including facilities designated for intermittent, contingent, or backup exchange of IP 911 traffic between ESInets.

(17) Testing of covered 911 services and covered 911 circuits and paths to determine whether an NG911 interoperability solution conforms to a relevant commonly accepted standard.

(18) Testing conducted between two or more NG911 covered 911 service providers in different states that validate the interoperable exchange of information.

(19) The technical and operational capability of NG911 systems, networks, and services to exchange 911 voice, text, data, and multimedia between jurisdictions, PSAPs, and service providers, in real time without the need for proprietary interfaces and regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors.

For purposes of this subpart, the terms in this section have the following meanings:

(l) The term interconnected VoIP service shall have the same meaning as in § 9.3 of this chapter, as such section may be amended from time to time.

Terms used in this part have the following meanings:

(e) The term “interconnected VoIP provider” is an entity that provides interconnected VoIP service as that term is defined in § 9.3 of this chapter.

(A) Offers a stand-alone interconnected VoIP service, as defined in § 9.3 of this chapter, throughout the affected service area, and

(h) The term “interconnected VoIP service” has the same meaning given the term “interconnected VoIP service” in 47 CFR 9.3 as it currently exists or may hereafter be amended.

(o) The terms “telecommunications carrier” or “carrier” shall have the same meaning as set forth in section 3(44) of the Communications Act of 1934, as amended, 47 U.S.C. 153(44). For the purposes of this subpart, the term “telecommunications carrier” or “carrier” shall include an entity that provides interconnected VoIP service, as that term is defined in section 9.3 of these rules.

(3) LECs, CMRS providers, and entities that provide interconnected VoIP service as that term is defined in § 9.3 of this chapter, may use CPNI, without customer approval, to market services formerly known as adjunct-to-basic services, such as, but not limited to, speed dialing, computer-provided directory assistance, call monitoring, call tracing, call blocking, call return, repeat dialing, call tracking, call waiting, caller I.D., call forwarding, and certain centrex features.

(24) The term “interconnected VoIP service” has the meaning given such term under § 9.3 of this chapter, as such section may be amended from time to time.