47 U.S.C. § 1472 — Parity of protection for provision or use

Page 452 TITLE 47—TELECOMMUNICATIONS § 1456 any Federal real property pursuant to title 40, United States Code, the Federal Assets Sale and Transfer Act of 2016 (Public Law 114–287) [40 U.S.C. 1303 note], or any other law governing real property activities of the Fed- eral Government. No agreement entered into pursuant to this section, or the amendments made by this sec- tion, may obligate the Federal Government to hold, control, or otherwise retain or use real property that may otherwise be deemed as excess, surplus, or that could be otherwise sold, leased, or redeveloped.’’ § 1456. System certification Not later than 6 months after February 22, 2012, the Director of the Office of Management and Budget shall update and revise section 33.4 of OMB Circular A–11 to reflect the rec- ommendations regarding such Circular made in the Commerce Spectrum Management Advisory Committee Incentive Subcommittee report, adopted January 11, 2011. (Pub. L. 112–96, title VI, § 6411, Feb. 22, 2012, 126 Stat. 234.) § 1457. Public Safety Trust Fund (a) Establishment of Public Safety Trust Fund (1) In general There is established in the Treasury of the United States a trust fund to be known as the Public Safety Trust Fund. (2) Availability Amounts deposited in the Public Safety Trust Fund shall remain available through fis- cal year 2022. Any amounts remaining in the Fund after the end of such fiscal year shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction. (b) Use of Fund As amounts are deposited in the Public Safety Trust Fund, such amounts shall be used to make the following deposits or payments in the fol- lowing order of priority: (1) Repayment of amount borrowed for First Responder Network Authority An amount not to exceed $2,000,000,000 shall be available to the NTIA to reimburse the gen- eral fund of the Treasury for any amounts bor- rowed under section 1427 of this title. (2) State and Local Implementation Fund $135,000,000 shall be deposited in the State and Local Implementation Fund established by section 1441 of this title. (3) Buildout by First Responder Network Au- thority $7,000,000,000, reduced by the amount bor- rowed under section 1427 of this title, shall be deposited in the Network Construction Fund established by section 1426 of this title. (4) Public safety research $100,000,000 shall be available to the Director of NIST to carry out section 1443 of this title. (5) Deficit reduction $20,400,000,000 shall be deposited in the gen- eral fund of the Treasury, where such amount shall be dedicated for the sole purpose of def- icit reduction. (6) 9–1–1, E9–1–1, and Next Generation 9–1–1 implementation grants $115,000,000 shall be available to the Assist- ant Secretary and the Administrator of the National Highway Traffic Safety Administra- tion to carry out the grant program under sec- tion 942 of this title. (7) Additional public safety research $200,000,000 shall be available to the Director of NIST to carry out section 1443 of this title. (8) Additional deficit reduction Any remaining amounts deposited in the Public Safety Trust Fund shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole pur- pose of deficit reduction. (c) Investment Amounts in the Public Safety Trust Fund shall be invested in accordance with section 9702 of title 31, and any interest on, and proceeds from, any such investment shall be credited to, and become a part of, the Fund. (Pub. L. 112–96, title VI, § 6413, Feb. 22, 2012, 126 Stat. 235.) SUBCHAPTER V—NEXT GENERATION 9–1–1 ADVANCEMENT ACT OF 2012 § 1471. Definitions In this subchapter, the following definitions shall apply: (1) 9–1–1 services and E9–1–1 services The terms ‘‘9–1–1 services’’ and ‘‘E9–1–1 serv- ices’’ shall have the meaning given those terms in section 942 of this title. (2) Multi-line telephone system The term ‘‘multi-line telephone system’’ or ‘‘MLTS’’ means a system comprised of com- mon control units, telephone sets, control hardware and software and adjunct systems, including network and premises based sys- tems, such as Centrex and VoIP, as well as PBX, Hybrid, and Key Telephone Systems (as classified by the Commission under part 68 of title 47, Code of Federal Regulations), and in- cludes systems owned or leased by govern- mental agencies and non-profit entities, as well as for profit businesses. (3) Office The term ‘‘Office’’ means the 9–1–1 Imple- mentation Coordination Office established under section 942 of this title. (Pub. L. 112–96, title VI, § 6502, Feb. 22, 2012, 126 Stat. 237.) § 1472. Parity of protection for provision or use of Next Generation 9–1–1 services (a) Immunity A provider or user of Next Generation 9–1–1 services, a public safety answering point, and the officers, directors, employees, vendors, agents, and authorizing government entity (if any) of such provider, user, or public safety an- swering point, shall have immunity and protec- tion from liability under Federal and State law Page 453 TITLE 47—TELECOMMUNICATIONS § 1501 1 See References in Text note below. to the extent provided in subsection (b) with re- spect to— (1) the release of subscriber information re- lated to emergency calls or emergency serv- ices; (2) the use or provision of 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 serv- ices; and (3) other matters related to 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 serv- ices. (b) Scope of immunity and protection from liabil- ity The scope and extent of the immunity and protection from liability afforded under sub- section (a) shall be the same as that provided under section 615a of this title to wireless car- riers, public safety answering points, and users of wireless 9–1–1 service (as defined in para- graphs (4), (3), and (6), respectively, of section 615b of this title 1) with respect to such release, use, and other matters. (Pub. L. 112–96, title VI, § 6506, Feb. 22, 2012, 126 Stat. 242.) Editorial Notes REFERENCES IN TEXT Section 615b of this title, referred to in subsec. (b), was in the original a reference to section 6 of the Wire- less Communications and Public Safety Act of 1999, Pub. L. 106–81, and was translated as if it had been a reference to section 7 of Pub. L. 106–81, which is classi- fied to section 615b of this title, to reflect the probable intent of Congress and the renumbering of section 6 of Pub. L. 106–81 as section 7 by Pub. L. 110–283, title I, § 101(1), July 23, 2008, 122 Stat. 2620. Pub. L. 110–283, title I, § 101(3), July 23, 2008, 122 Stat. 2620 enacted a new sec- tion 6 of the Wireless Communications and Public Safe- ty Act of 1999 which is classified to section 215a–1 of this title, but that section does not contain definitions. § 1473. Commission proceeding on autodialing (a) In general Not later than 90 days after February 22, 2012, the Commission shall initiate a proceeding to create a specialized Do-Not-Call registry for public safety answering points. (b) Features of the registry The Commission shall issue regulations, after providing the public with notice and an oppor- tunity to comment, that— (1) permit verified public safety answering point administrators or managers to register the telephone numbers of all 9–1–1 trunks and other lines used for the provision of emer- gency services to the public or for communica- tions between public safety agencies; (2) provide a process for verifying, no less frequently than once every 7 years, that reg- istered numbers should continue to appear upon the registry; (3) provide a process for granting and track- ing access to the registry by the operators of automatic dialing equipment; (4) protect the list of registered numbers from disclosure or dissemination by parties granted access to the registry; and (5) prohibit the use of automatic dialing or ‘‘robocall’’ equipment to establish contact with registered numbers. (c) Enforcement The Commission shall— (1) establish monetary penalties for viola- tions of the protective regulations established pursuant to subsection (b)(4) of not less than $100,000 per incident nor more than $1,000,000 per incident; (2) establish monetary penalties for viola- tions of the prohibition on automatically dial- ing registered numbers established pursuant to subsection (b)(5) of not less than $10,000 per call nor more than $100,000 per call; and (3) provide for the imposition of fines under paragraphs (1) or (2) that vary depending upon whether the conduct leading to the violation was negligent, grossly negligent, reckless, or willful, and depending on whether the viola- tion was a first or subsequent offence. (Pub. L. 112–96, title VI, § 6507, Feb. 22, 2012, 126 Stat. 243.) CHAPTER 14—MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING EXCESSIVE AND NEEDLESS OBSTACLES TO WIRELESS Sec. 1501. Definitions. 1502. Identifying 255 megahertz. 1503. Millimeter wave spectrum. 1504. Broadband infrastructure deployment. 1505. Unlicensed services in guard bands. 1506. Rulemaking related to partitioning or disaggregating licenses. 1507. Unlicensed spectrum policy. 1508. National plan for unlicensed spectrum. 1509. Spectrum Challenge Prize. 1510. Wireless telecommunications tax and fee col- lection fairness. 1511. Rules of construction. 1512. Relationship to Middle Class tax Relief and Job Creation Act of 2012. 1513. No additional funds authorized. § 1501. Definitions In this chapter: (1) Appropriate committees of Congress The term ‘‘appropriate committees of Con- gress’’ means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Com- merce of the House of Representatives; and (C) each committee of the Senate or of the House of Representatives with jurisdiction over a Federal entity affected by the appli- cable section in which the term appears. (2) Commission The term ‘‘Commission’’ means the Federal Communications Commission. (3) Federal entity The term ‘‘Federal entity’’ has the meaning given the term in section 923(l) of this title. (4) NTIA The term ‘‘NTIA’’ means the National Tele- communications and Information Administra- tion of the Department of Commerce.