[Asterisk-biz] FW: 911 Legislation

[jltaylor]

I'm working with Texas State Rep Frost's office on wording for this bill.
Some type of language will make it through this session.

The language below will make it almost impossible for customers to signup on
the web and provision their own service.

It appears that this legislation favors the LEC's.

Cellular is not required to give notice about how 911 may not work properly.
I live so far out that when the electricity goes off, my phone service will
fail in about two hours and the LEC is not required to have me sign off on a
document that warns me of not having 911 after a storm.
The argument that VOIP service is Interstate is a good one.

However, some type of acceptable legislation would afford us some kind of
protection from the standpoint of "we are complying with the law"

Your comments are appreciated.

James Taylor
MetroTel
3505 Summerhill Road
Suite 11
Texarkana, Tx  75503
903-793-1956

=========================================================

79R5881 CBH-D

By:  Frost                                                        H.B. No.
2592


A BILL TO BE ENTITLED


AN ACT


relating to a requirement that certain broadband network operators
provide notice of inability to access emergency services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 64, Utilities Code, is
amended by adding Section 64.005 to read as follows:
	Sec. 64.005.  NOTICE OF INABILITY TO ACCESS EMERGENCY
SERVICES.  (a)  This section applies to an entity that uses a
broadband network to provide a service that would be classified as a
local exchange telephone service if the service were provided by a
telecommunications utility and the service provided by the entity
does not provide access to 911 service or dual party relay service.
	(b)  An entity to which this section applies may not enter
into a contract to provide a service described by Subsection (a)
unless the entity first provides to the customer a notice that the
service does not provide access to 911 service or to dual party
relay service, as appropriate. The notice must:
		(1)  be a separate document;
		(2)  include a requirement that the customer sign and
date the document; and
		(3)  conspicuously state that, by signing and dating
the document, the customer acknowledges that the customer will not
be able to use the service to access 911 service or dual party relay
service, as appropriate.
	(c)  At least annually, an entity to which this section
applies shall send to each customer to whom the entity provides a
service described by Subsection (a) a notice that the service does
not provide access to 911 service or dual party relay service, as
appropriate.  The entity shall include the notice as a separate
document in the customer's bill.
	(d)  Except as preempted by federal law, the commission has
all jurisdiction necessary to enforce this section.
	SECTION 2.  This Act applies to a contract entered into or
renewed on or after the effective date of this Act.  A contract
entered into or renewed before that date is governed by the law in
effect on the date the contract was entered into or renewed, and
that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.


 James Taylor
MetroTel
3505 Summerhill Road
Suite 11
Texarkana, Tx  75503
903-793-1956