12 2 STA T . 2 6 21 PUBLIC LA W 11 0– 2 83—J UL Y 23 , 2008 ‘ ‘ (1)with i n90days a f t er the date o f ena c t m ent of the N ew and E mer g ing T echno l ogies 911 I m p ro v ement A ct of 2 00 8, shall iss u e regulations implementing such Act, including regula - tions that — ‘‘(A) ensure that I P -ena b led voice service providers have the ability to e x ercise their rights under subsection (b)
‘‘( B )ta k e into account any technical, network security, or information privacy re q uirements that are specific to IP-enabled voice services; and ‘‘( C ) provide, with respect to any capabilities that are not required to be made available to a commercial mobile service provider but that the Commission determines under subparagraph (B) of this paragraph or paragraph (2) are necessary for an IP-enabled voice service provider to comply with its obligations under subsection (a), that such capabili- ties shall be available at the same rates, terms, and condi- tions as would apply if such capabilities were made avail- able to a commercial mobile service provider; ‘‘(2) shall require IP-enabled voice service providers to which the regulations apply to register with the Commission and to establish a point of contact for public safety and govern- ment officials relative to 9 – 1–1 and enhanced 9–1–1 service and access; and ‘‘( 3 ) may modify such regulations from time to time, as necessitated by changes in the market or technology, to ensure the ability of an IP-enabled voice service provider to comply with its obligations under subsection (a) and to exercise its rights under subsection (b) . ‘‘(d) DEL E GATION O F ENFO RC E M ENT TO S TATE COMMI S SIONS.— The Commission may delegate authority to enforce the regulations issued under subsection (c) to State commissions or other State or local agencies or programs with j urisdiction over emergency communications. Nothing in this section is intended to alter the authority of State commissions or other State or local agencies with jurisdiction over emergency communications, provided that the exercise of such authority is not inconsistent with F ederal law or Commission requirements. ‘‘(e) IM P LEMENTATION.— ‘‘(1) L IMITATION.—Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard. ‘‘(2) ENFORCEMENT.—The Commission shall enforce this section as if this section was a part of the Communications Act of 193 4 . For purposes of this section, any violations of this section, or any regulations promulgated under this section, shall be considered to be a violation of the Communications Act of 1934 or a regulation promulgated under that Act, respec- tively. ‘‘(f) STATE A U T H ORIT YOV ER FEES.— ‘‘(1) AUTHORITY.—Nothing in this Act, the Communications Act of 1934 (4 7U .S.C. 1 5 1 et seq.), the New and Emerging Technologies 911 Improvement Act of 2008, or any Commission regulation or order shall prevent the imposition and collection of a fee or charge applicable to commercial mobile services or IP-enabled voice services specifically designated by a State, political subdivision thereof, Indian tribe, or village or regional Registra ti on.D ea dl ine.
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