 National Association of Counties * Washington, D.C. Vol. 31, No. 5 * March 15, 1999 Previous story | Table of Contents | Next story House passes E-911 wireless bill; By Robert J. Fogel
The House of Representatives has designated 911 as the universal emergency telephone number for both wireless and wireline telecommunications service. The House passed the Wireless Communications and Public Safety Act, H.R. 438, by a vote of 415-2, on Feb. 24. The bill’s key provision affecting counties is the 911 universal designation. This was done to address the concern that individuals may find themselves traveling in an area that uses a number other than 911 for emergency calls, not know the local emergency number, and may not be able to get an emergency call through by dialing 911when needing police, fire or other emergency service. As many as 700 counties use emergency numbers other than 911. NACo insisted that this requirement would impose no new mandates or obligations on local governments. Under H.R. 438, no local government would be required to change its emergency number to 911. Rather the bill requires the Federal Communications Commission to impose a requirement on all wireline and wireless companies to transmit all 911 calls to a local Public Service Answering Point (PSAP) regardless of whether or not the local PSAP uses 911 as the emergency telephone number. This would permit an individual in any location in the United States to dial 911 on a wireline, or wireless phone where service is available, and be connected to the local PSAP, regardless of the local emergency number. Another portion of the bill requires the FCC to play a more assertive role in encouraging and assisting states to deploy advanced 911 systems by developing coordinated plans. Although it is counties and cities that generally operate the 911 systems, the bill encourages states the develop plans to upgrade and integrate systems. This bill is significant as much for what was not included as what was included. What was not in the legislation was a preemption of local zoning authority over wireless facilities on federal property. Last year the House Commerce Committee passed a similar bill that would have forbidden federal agencies from considering county and other local zoning ordinances in decisions on siting wireless facilities on federal property. Because of an outcry from local officials and NACo, the bill never came to vote before the full House and the Senate version was blocked in the Senate Commerce Committee. During negotiations on the 1999 version of the legislation, NACo negotiated an agreement with leaders of the House Commerce Committee to not include the wireless tower provision. No comparable bill has been introduced in the Senate. However, NACo is working with the Senate Commerce Committee to help ensure that when a bill is introduced it does not include any preemptions for tower siting or mandates on local governments in the area of 911 calling systems. It is likely that Sen. John McCain (R-Ariz.), chair of the Commerce Committee, and Sen. Conrad Burns (R-Mont.), chair of the Communications Subcommittee, will be taking the lead in any Senate legislation in this area. |