§  9.11   E911 Service.

   (a) Before January 6, 2021, for fixed services and before January 6,
   2022, for non-fixed services.--(1) Scope. The following requirements of
   paragraphs (a)(1) through (5) of this section are only applicable to
   providers of interconnected VoIP services, except those interconnected
   VoIP services that fulfill each paragraphs (1)(i) through (iii) of the
   definition of interconnected VoIP service in § 9.3, and also permit
   users generally to terminate calls to the public switched telephone
   network. Further, the following requirements apply only to 911 calls
   placed by users whose Registered Location is in a geographic area
   served by a Wireline E911 Network (which, as defined in § 9.3, includes
   a selective router).

   (2) E911 Service. As of November 28, 2005:

   (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 all 911 calls,
   as well as ANI and the caller's Registered Location for each call, to
   the PSAP, designated statewide default answering point, or appropriate
   local emergency authority that serves the caller's Registered Location
   and that has been designated for telecommunications carriers pursuant
   to § 9.4, provided that "all 911 calls" is defined as "any voice
   communication initiated by an interconnected VoIP user dialing 911;"

   (iii) All 911 calls must be routed through the use of ANI and, if
   necessary, pseudo-ANI, via the dedicated Wireline E911 Network; and

   (iv) The Registered Location 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) Service Level Obligation. Notwithstanding the provisions in
   paragraph (a)(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 (a)(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 Registered Location and that has been designated for
   telecommunications carriers pursuant to § 9.4.

   (4) Registered Location requirement. As of November 28, 2005,
   interconnected VoIP service providers must:

   (i) Obtain from each customer, prior to the initiation of service, the
   physical location at which the service will first be used; and

   (ii) Provide their 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.

   (5) Customer notification. Each interconnected VoIP service provider
   shall:

   (i) 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 Registered
   Location available in or through the ALI database;

   (ii) 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 (a)(5)(i) of this section; and

   (iii) Either--

   (A) Distribute to its existing subscribers, and to each new subscriber
   prior to the initiation of that subscriber's service, warning stickers
   or other appropriate 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.

   (b) On or after January 6, 2021, for fixed services, and on or after
   January 6, 2022, 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).

   (2) E911 Service--(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

   (C) The location information described in paragraph (b)(4) of this
   section.

   (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) Service level obligation. 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) Location requirements. To meet E911 service requirements,
   interconnected VoIP service providers must provide location information
   with each 911 call as follows:

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

   (ii) Non-fixed interconnected VoIP services. 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.

   (A) Provide automated dispatchable location, if technically feasible.

   (B) Provide Registered Location information that meets the following
   requirements:

   (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.

   (D) Route the caller to a national emergency call center.

   (5) Customer notification. (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.

   (c) Paragraphs (b)(2)(ii) and (iv), (b)(4), and (b)(5)(ii) and (iii) of
   this section contain information-collection and recordkeeping
   requirements. Compliance will not be required until after approval by
   the Office of Management and Budget. The Commission will publish a
   document in the Federal Register announcing that compliance date and
   revising this paragraph accordingly.