47 U.S.C. § 615a — Service provider parity of protection

Page 332 TITLE 47—TELECOMMUNICATIONS § 615 § 615. Support for universal emergency telephone number The Federal Communications Commission shall encourage and support efforts by States to deploy comprehensive end-to-end emergency communications infrastructure and programs, based on coordinated statewide plans, including seamless, ubiquitous, reliable wireless tele- communications networks and enhanced wire- less 9–1–1 service. In encouraging and supporting that deployment, the Commission shall consult and cooperate with State and local officials re- sponsible for emergency services and public safety, the telecommunications industry (spe- cifically including the cellular and other wire- less telecommunications service providers), the motor vehicle manufacturing industry, emer- gency medical service providers and emergency dispatch providers, transportation officials, spe- cial 9–1–1 districts, public safety, fire service and law enforcement officials, consumer groups, and hospital emergency and trauma care personnel (including emergency physicians, trauma sur- geons, and nurses). The Commission shall en- courage each State to develop and implement coordinated statewide deployment plans, through an entity designated by the governor, and to include representatives of the foregoing organizations and entities in development and implementation of such plans. Nothing in this section shall be construed to authorize or re- quire the Commission to impose obligations or costs on any person. (Pub. L. 106–81, § 3(b), Oct. 26, 1999, 113 Stat. 1287.) Editorial Notes CODIFICATION Section was enacted as part of the Wireless Commu- nications and Public Safety Act of 1999, and not as part of the Communications Act of 1934 which comprises this chapter. Statutory Notes and Related Subsidiaries FINDINGS AND PURPOSE Pub. L. 106–81, § 2, Oct. 26, 1999, 113 Stat. 1286, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) the establishment and maintenance of an end- to-end communications infrastructure among mem- bers of the public, emergency safety, fire service and law enforcement officials, emergency dispatch pro- viders, transportation officials, and hospital emer- gency and trauma care facilities will reduce response times for the delivery of emergency care, assist in de- livering appropriate care, and thereby prevent fatali- ties, substantially reduce the severity and extent of injuries, reduce time lost from work, and save thou- sands of lives and billions of dollars in health care costs; ‘‘(2) the rapid, efficient deployment of emergency telecommunications service requires statewide co- ordination of the efforts of local public safety, fire service and law enforcement officials, emergency dis- patch providers, and transportation officials; the es- tablishment of sources of adequate funding for carrier and public safety, fire service and law enforcement agency technology development and deployment; the coordination and integration of emergency commu- nications with traffic control and management sys- tems and the designation of 9–1–1 as the number to call in emergencies throughout the Nation; ‘‘(3) emerging technologies can be a critical compo- nent of the end-to-end communications infrastruc- ture connecting the public with emergency medical service providers and emergency dispatch providers, public safety, fire service and law enforcement offi- cials, and hospital emergency and trauma care facili- ties, to reduce emergency response times and provide appropriate care; ‘‘(4) improved public safety remains an important public health objective of Federal, State, and local governments and substantially facilitates interstate and foreign commerce; ‘‘(5) emergency care systems, particularly in rural areas of the Nation, will improve with the enabling of prompt notification of emergency services when motor vehicle crashes occur; and ‘‘(6) the construction and operation of seamless, ubiquitous, and reliable wireless telecommunications systems promote public safety and provide imme- diate and critical communications links among mem- bers of the public; emergency medical service pro- viders and emergency dispatch providers; public safe- ty, fire service and law enforcement officials; trans- portation officials, and hospital emergency and trau- ma care facilities. ‘‘(b) PURPOSE.—The purpose of this Act [see Short Title of 1999 Amendments note set out under section 609 of this title] is to encourage and facilitate the prompt deployment throughout the United States of a seam- less, ubiquitous, and reliable end-to-end infrastructure for communications, including wireless communica- tions, to meet the Nation’s public safety and other communications needs.’’ ACCURACY OF DISPATCHABLE LOCATION FOR 9–1–1 CALLS Pub. L. 115–141, div. P, title V, § 506, Mar. 23, 2018, 132 Stat. 1095, provided that: ‘‘(a) PROCEEDING REQUIRED.—Not later than 18 months after the date of the enactment of this Act [Mar. 23, 2018], the Commission [Federal Communica- tions Commission] shall conclude a proceeding to con- sider adopting rules to ensure that the dispatchable lo- cation is conveyed with a 9–1–1 call, regardless of the technological platform used and including with calls from multi-line telephone systems (as defined in sec- tion 6502 of the Middle Class Tax Relief and Job Cre- ation Act of 2012 (47 U.S.C. 1471)). ‘‘(b) RELATIONSHIP TO OTHER PROCEEDINGS.—In con- ducting the proceeding required by subsection (a), the Commission may consider information and conclusions from other Commission proceedings regarding the ac- curacy of the dispatchable location for a 9–1–1 call, but nothing in this section shall be construed to require the Commission to reconsider any information or con- clusion from a proceeding regarding the accuracy of the dispatchable location for a 9–1–1 call in which the Commission has adopted rules or issued an order before the date of the enactment of this Act. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) 9–1–1 CALL.—The term ‘9–1–1 call’ means a voice call that is placed, or a message that is sent by other means of communication, to a public safety answer- ing point (as defined in section 222 of the Communica- tions Act of 1934 (47 U.S.C. 222)) for the purpose of re- questing emergency services. ‘‘(2) DISPATCHABLE LOCATION.—The term ‘dispatchable location’ means the street address of the calling party, and additional information such as room number, floor number, or similar information necessary to adequately identify the location of the calling party.’’ § 615a. Service provider parity of protection (a) Provider parity A wireless carrier, IP-enabled voice service provider, or other emergency communications provider, and their officers, directors, employ- ees, vendors, and agents, shall have immunity or Page 333 TITLE 47—TELECOMMUNICATIONS § 615a–1 other protection from liability in a State of a scope and extent that is not less than the scope and extent of immunity or other protection from liability that any local exchange company, and its officers, directors, employees, vendors, or agents, have under Federal and State law (whether through statute, judicial decision, tar- iffs filed by such local exchange company, or otherwise) applicable in such State, including in connection with an act or omission involving the release to a PSAP, emergency medical serv- ice provider or emergency dispatch provider, public safety, fire service or law enforcement of- ficial, or hospital emergency or trauma care fa- cility of subscriber information related to emer- gency calls, emergency services, or other emer- gency communications services. (b) User parity A person using wireless 9–1–1 service, or mak- ing 9–1–1 communications via IP-enabled voice service or other emergency communications service, shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under applicable law in similar circumstances of a person using 9–1–1 service that is not via wireless 9–1–1 serv- ice, IP-enabled voice service, or other emer- gency communications service. (c) PSAP parity In matters related to 9–1–1 communications via wireless 9–1–1 service, IP-enabled voice serv- ice, or other emergency communications serv- ice, a PSAP, and its employees, vendors, agents, and authorizing government entity (if any) shall have immunity or other protection from liabil- ity of a scope and extent that is not less than the scope and extent of immunity or other pro- tection from liability under applicable law ac- corded to such PSAP, employees, vendors, agents, and authorizing government entity, re- spectively, in matters related to 9–1–1 commu- nications that are not via wireless 9–1–1 service, IP-enabled voice service, or other emergency communications service. (d) Basis for enactment This section is enacted as an exercise of the enforcement power of the Congress under sec- tion 5 of the Fourteenth Amendment to the Con- stitution and the power of the Congress to regu- late commerce with foreign nations, among the several States, and with Indian tribes. (Pub. L. 106–81, § 4, Oct. 26, 1999, 113 Stat. 1288; Pub. L. 110–283, title II, § 201(a), July 23, 2008, 122 Stat. 2624.) Editorial Notes CODIFICATION Section was enacted as part of the Wireless Commu- nications and Public Safety Act of 1999, and not as part of the Communications Act of 1934 which comprises this chapter. AMENDMENTS 2008—Pub. L. 110–283, § 201(a)(1), substituted ‘‘Service provider parity of protection’’ for ‘‘Parity of protection for provision or use of wireless service’’ in section catchline. Subsec. (a). Pub. L. 110–283, § 201(a)(2), substituted ‘‘wireless carrier, IP-enabled voice service provider, or other emergency communications provider, and their officers’’ for ‘‘wireless carrier, and its officers’’ and ‘‘emergency calls, emergency services, or other emer- gency communications services’’ for ‘‘emergency calls or emergency services’’. Subsec. (b). Pub. L. 110–283, § 201(a)(3), substituted ‘‘using wireless 9–1–1 service, or making 9–1–1 commu- nications via IP-enabled voice service or other emer- gency communications service, shall’’ for ‘‘using wire- less 9–1–1 service shall’’ and ‘‘that is not via wireless 9–1–1 service, IP-enabled voice service, or other emer- gency communications service’’ for ‘‘that is not wire- less’’. Subsec. (c). Pub. L. 110–283, § 201(a)(4), substituted ‘‘9–1–1 communications via wireless 9–1–1 service, IP-en- abled voice service, or other emergency communica- tions service, a PSAP’’ for ‘‘wireless 9–1–1 communica- tions, a PSAP’’ and ‘‘that are not via wireless 9–1–1 service, IP-enabled voice service, or other emergency communications service’’ for ‘‘that are not wireless’’. § 615a–1. Duty to provide 9–1–1 and enhanced 9–1–1 service (a) Duties It shall be the duty of each IP-enabled voice service provider to provide 9–1–1 service and en- hanced 9–1–1 service to its subscribers in accord- ance with the requirements of the Federal Com- munications Commission, as in effect on the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008 and as such requirements may be modified by the Com- mission from time to time. (b) Parity for IP-enabled voice service providers An IP-enabled voice service provider that seeks capabilities to provide 9–1–1 and enhanced 9–1–1 service from an entity with ownership or control over such capabilities, to comply with its obligations under subsection (a), shall, for the exclusive purpose of complying with such obligations, have a right of access to such capa- bilities, including interconnection, to provide 9–1–1 and enhanced 9–1–1 service on the same rates, terms, and conditions that are provided to a provider of commercial mobile service (as such term is defined in section 332(d) of the Commu- nications Act of 1934 (47 U.S.C. 332(d))), subject to such regulations as the Commission pre- scribes under subsection (c). (c) Regulations The Commission— (1) within 90 days after the date of enact- ment of the New and Emerging Technologies 911 Improvement Act of 2008, shall issue regu- lations implementing such Act, including reg- ulations that— (A) ensure that IP-enabled voice service providers have the ability to exercise their rights under subsection (b); (B) take into account any technical, net- work security, or information privacy re- quirements that are specific to IP-enabled voice services; and (C) provide, with respect to any capabili- ties that are not required to be made avail- able to a commercial mobile service provider but that the Commission determines under subparagraph (B) of this paragraph or para- graph (3) are necessary for an IP-enabled