§ 9.5   E911 Service.

   (a) Scope of Section. The following requirements are only applicable to
   providers of interconnected VoIP services. 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).

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

   (1) 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;

   (2) 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 § 64.3001 of this chapter, provided that “all 911 calls” is defined
   as “any voice communication initiated by an interconnected VoIP user
   dialing 911;”

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

   (4) 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.

   (c) Service Level Obligation. Notwithstanding the provisions in
   paragraph (b) 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) 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 § 64.3001 of this chapter.

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

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

   (2) 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 utilized must allow an end user to update the Registered
   Location at will and in a timely manner.

   (e) Customer Notification. Each interconnected VoIP service provider
   shall:

   (1) 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;

   (2) 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 (e)(1) of this section; and

   (3) Distribute to its existing subscribers 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. Each interconnected VoIP provider shall distribute such
   warning stickers or other appropriate labels to each new subscriber
   prior to the initiation of that subscriber's service.

   (f) Compliance Letter. All interconnected VoIP providers must submit a
   letter to the Commission detailing their compliance with this section
   no later than November 28, 2005.

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