§ 9.7   Access to 911 and E911 service capabilities.

   (a) Access. Subject to the other requirements of this part, an owner or
   controller of a capability that can be used for 911 or E911 service shall
   make that capability available to a requesting interconnected VoIP provider
   as set forth in paragraphs (a)(1) and (a)(2) of this section.

   (1) If the owner or controller makes the requested capability available to a
   CMRS provider, the owner or controller must make that capability available
   to  the  interconnected  VoIP provider. An owner or controller makes a
   capability available to a CMRS provider if the owner or controller offers
   that capability to any CMRS provider.

   (2)  If the owner or controller does not make the requested capability
   available to a CMRS provider within the meaning of paragraph (a)(1) of this
   section, the owner or controller must make that capability available to a
   requesting interconnected VoIP provider only if that capability is necessary
   to enable the interconnected VoIP provider to provide 911 or E911 service in
   compliance with the Commission's rules.

   (b) Rates, terms, and conditions. The rates, terms, and conditions on which
   a capability is provided to an interconnected VoIP provider under paragraph
   (a) of this section shall be reasonable. For purposes of this paragraph, it
   is evidence that rates, terms, and conditions are reasonable if they are:

   (1) The same as the rates, terms, and conditions that are made available to
   CMRS providers, or

   (2) In the event such capability is not made available to CMRS providers,
   the  same  rates, terms, and conditions that are made available to any
   telecommunications carrier or other entity for the provision of 911 or E911
   service.

   (c) Permissible use. An interconnected VoIP provider that obtains access to
   a capability pursuant to this section may use that capability only for the
   purpose of providing 911 or E911 service in accordance with the Commission's
   rules.

   [ 74 FR 31874 , July 6, 2009]

   Effective Date Note: At  74 FR 31874 , July 6, 2009, § 9.7(a) was added. This
   paragraph contains information collection and recordkeeping requirements and
   will not become effective until approval has been given by the Office of
   Management and Budget.

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