§ 9.7   Access to 911 and E911 service capabilities.

   (a) Access. Subject to the other requirements of this part, an owner or
   controller of a capability that can be used for 911 or E911 service
   shall make that capability available to a requesting interconnected
   VoIP provider as set forth in paragraphs (a)(1) and (a)(2) of this
   section.

   (1) If the owner or controller makes the requested capability available
   to a CMRS provider, the owner or controller must make that capability
   available to the interconnected VoIP provider. An owner or controller
   makes a capability available to a CMRS provider if the owner or
   controller offers that capability to any CMRS provider.

   (2) If the owner or controller does not make the requested capability
   available to a CMRS provider within the meaning of paragraph (a)(1) of
   this section, the owner or controller must make that capability
   available to a requesting interconnected VoIP provider only if that
   capability is necessary to enable the interconnected VoIP provider to
   provide 911 or E911 service in compliance with the Commission's rules.

   (b) Rates, terms, and conditions. The rates, terms, and conditions on
   which a capability is provided to an interconnected VoIP provider under
   paragraph (a) of this section shall be reasonable. For purposes of this
   paragraph, it is evidence that rates, terms, and conditions are
   reasonable if they are:

   (1) The same as the rates, terms, and conditions that are made
   available to CMRS providers, or

   (2) In the event such capability is not made available to CMRS
   providers, the same rates, terms, and conditions that are made
   available to any telecommunications carrier or other entity for the
   provision of 911 or E911 service.

   (c) Permissible use. An interconnected VoIP provider that obtains
   access to a capability pursuant to this section may use that capability
   only for the purpose of providing 911 or E911 service in accordance
   with the Commission's rules.

   [ 74 FR 31874 , July 6, 2009]

   Effective Date Note: At  74 FR 31874 , July 6, 2009, § 9.7(a) was added.
   This paragraph contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.

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