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Bill S.800
Calendar No. 255
106th CONGRESS
1st Session
S. 800
[Report No. 106-138]
A BILL
To promote and enhance public safety
through use of 9-1-1 as the universal emergency assistance number, further
deployment of wireless 9-1-1 service, support of States in upgrading 9-1-1
capabilities and related functions, encouragement of construction and
operation of seamless, ubiquitous, and reliable networks for personal
wireless services, and for other purposes.
August 4, 1999
Reported with amendments
S 800 RS
Calendar No. 255
106th CONGRESS
1st Session
S. 800
[Report No. 106-138]
To promote and enhance public safety through use of 9-1-1 as the universal
emergency assistance number, further deployment of wireless 9-1-1 service,
support of States in upgrading 9-1-1 capabilities and related functions,
encouragement of construction and operation of seamless, ubiquitous, and
reliable networks for personal wireless services, and for other purposes.
IN THE SENATE OF THE UNITED STATES
April 14, 1999
Mr. BURNS (for himself, Mr. MCCAIN, Mr.
DORGAN, and Mr. WYDEN) introduced the following bill; which was read twice
and referred to the Committee on Commerce, Science, and Transportation
August 4, 1999
Reported by Mr. MCCAIN, with amendments
[Omit the part struck through and
insert the part printed in italic]
A BILL
To promote and enhance public safety through use of 9-1-1 as the universal
emergency assistance number, further deployment of wireless 9-1-1 service,
support of States in upgrading 9-1-1 capabilities and related functions,
encouragement of construction and operation of seamless, ubiquitous, and
reliable networks for personal wireless services, and for other purposes.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Wireless
Communications and Public Safety Act of 1999'.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS- The Congress finds that--
(1) the establishment and maintenance of
an end-to-end communications infrastructure among members of the
public, emergency safety, fire service and law enforcement officials,
emergency dispatch providers, transportation officials, and hospital
emergency and trauma care facilities will reduce response times for
the delivery of emergency care, assist in delivering appropriate care,
and thereby prevent fatalities, substantially reduce the severity and
extent of injuries, reduce time lost from work, and save thousands of
lives and billions of dollars in health care costs;
(2) the rapid, efficient deployment of
emergency telecommunications service requires statewide coordination
of the efforts of local public safety, fire service and law
enforcement officials, emergency dispatch providers, and
transportation officials; the establishment 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 communications with traffic
control and management systems and the designation of 9-1-1 as the
number to call in emergencies throughout the Nation;
(3) emerging technologies can be a
critical component of the end-to-end communications infrastructure
connecting the public with emergency medical service providers and
emergency dispatch providers, public safety, fire service and law
enforcement officials, and hospital emergency and trauma care
facilities, 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 immediate and critical
communications links among members of the public; emergency medical
service providers and emergency dispatch providers; public safety,
fire service and law enforcement officials; transportation officials,
and hospital emergency and trauma care facilities.
(b) PURPOSE- The purpose of this Act is to
encourage and facilitate the prompt deployment throughout the United
States of a seamless, ubiquitous, and reliable end-to-end infrastructure
for communications, including wireless communications, to meet the
Nation's public safety and other communications needs.
SEC. 3. UNIVERSAL EMERGENCY TELEPHONE
NUMBER.
(a) ESTABLISHMENT OF UNIVERSAL EMERGENCY
TELEPHONE NUMBER- Section 251(e) of the Communications Act of 1934 (47
U.S.C. 251(e)) is amended by adding at the end the following new
paragraph:
`(3) UNIVERSAL EMERGENCY TELEPHONE NUMBER-
The Commission and any agency or entity to which the Commission has
delegated authority under this subsection shall designate 9-1-1 as the
universal emergency telephone number within the
United States for reporting an emergency to
appropriate authorities and requesting assistance. The designation shall
apply to both wireline and wireless telephone service. In making the
designation, the Commission (and any such agency or entity) shall provide
appropriate transition periods for areas in which 9-1-1 is not in use as
an emergency telephone number on the date of enactment of the Wireless
Communications and Public Safety Act of 1999.'.
(b) SUPPORT- 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 telecommunications networks and enhanced
wireless 9-1-1 service. In encouraging and supporting that deployment,
the Commission shall consult and cooperate with State and local
officials responsible for emergency services and public safety, the
telecommunications industry (specifically including the cellular and
other wireless telecommunications service providers), the motor vehicle
manufacturing industry, emergency medical service providers and
emergency dispatch providers, transportation officials, special 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 surgeons, and nurses). The
Commission shall encourage 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 subsection shall be construed to authorize or
require the Commission to impose obligations or costs on any person.
SEC. 4. PARITY OF PROTECTION FOR PROVISION
OR USE OF WIRELESS [Struck out->] 9-1-1 [<-Struck out]
SERVICE.
(a) PROVIDER PARITY- A wireless carrier, and
its officers, directors, employees, vendors, and agents, shall have
immunity or 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, tariffs filed
by such local exchange company, or otherwise) applicable in such State,
including in connection with an act or omission [Struck out->]
involving-- [<-Struck out]
[Struck out->] (1) development,
design, installation, operation, maintenance, performance, or
provision of telecommunications service (including 9-1-1 service); [<-Struck
out]
[Struck out->] (2) transmission
errors, failures, network outages, or other technical difficulties
that may arise in the course of handling emergency calls or providing
emergency services (including 9-1-1 service); or [<-Struck
out]
[Struck out->] (3) release to a
PSAP, emergency medical service provider or emergency dispatch
provider, public safety, fire service or law enforcement official, or
hospital emergency or trauma care facility of subscriber information
related to emergency calls or emergency services. [<-Struck
out]
involving the release to a PSAP,
emergency medical service provider or emergency dispatch provider,
public safety, fire service or law enforcement official, or hospital
emergency or trauma care facility of subscriber information related to
emergency calls or emergency services.
(b) USER PARITY- A person using wireless
9-1-1 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
wireless.
(c) PSAP PARITY- In matters related to
wireless 9-1-1 communications, a PSAP, and its employees, vendors,
agents, and authorizing government entity (if any) 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 accorded to such PSAP, employees,
vendors, agents, and authorizing government entity, respectively, in
matters related to 9-1-1 communications that are not wireless.
(d) BASIS FOR ENACTMENT- This section is
enacted as an exercise of the enforcement power of the Congress under
section 5 of the Fourteenth Amendment to the Constitution and the power
of the Congress to regulate commerce with foreign nations, among the
several States, and with Indian tribes.
SEC. 5. AUTHORITY TO PROVIDE CUSTOMER
INFORMATION.
Section 222 of the Communications Act of
1934 (47 U.S.C. 222) is amended--
(A) by striking `or' at the end of
paragraph (2);
(B) by striking the period at the end of
paragraph (3) and inserting a semicolon and `and'; and
(C) by adding at the end the following:
`(4) to provide call location information
concerning the user of a commercial mobile service (as such term is
defined in section 332(d))--
`(A) to a public safety answering point,
emergency medical service provider or emergency dispatch provider,
public safety, fire service, or law enforcement official, or
hospital emergency or trauma care facility, in order to respond to
the user's call for emergency services;
`(B) to inform the user's legal guardian
or members of the user's immediate family of the user's location in
an emergency situation that involves the risk of death or serious
physical harm; or
`(C) to providers of information or
database management services solely for purposes of assisting in the
delivery of emergency services in response to an emergency.'.
(2) by redesignating subsection (f) as
subsection (h) and by inserting the following after subsection (e):
`(f) AUTHORITY TO USE WIRELESS LOCATION
INFORMATION- For purposes of subsection (c)(1), without the express
prior authorization of the customer, a customer shall not be considered
to have approved the use or disclosure of or access to--
`(1) call location information concerning
the user of a commercial mobile service (as such term is defined in
section 332(d)), other than in accordance with subsection (d)(4); or
`(2) automatic crash notification
information to any person other than for use in the operation of an
automatic crash notification system.
`(g) SUBSCRIBER LISTED AND UNLISTED
INFORMATION FOR EMERGENCY SERVICES- Notwithstanding subsections (b),
(c), and (d), a telecommunications carrier that provides telephone
exchange service shall provide information described in subsection (i)(3)(A)
(including information pertaining to subscribers whose information is
unlisted or unpublished) that is in its possession or control (including
information pertaining to subscribers of other carriers) on a timely and
unbundled basis, under nondiscriminatory and reasonable rates, terms,
and conditions to providers of emergency services, and providers of
emergency support services, solely for purposes of delivering or
assisting in the delivery of emergency services.';
(3) by inserting `location,' after
`destination,' in subsection (h)(1)(A) (as redesignated by paragraph
(2)); and
(4) by adding at the end of subsection (h)
(as redesignated), the following:
`(4) PUBLIC SAFETY ANSWERING POINT- The
term `public safety answering point' means a facility that has been
designated to receive emergency calls and route them to emergency
service personnel.
`(5) EMERGENCY SERVICES- The term
`emergency services' means 9-1-1 emergency services and emergency
notification services.
`(6) EMERGENCY NOTIFICATION SERVICES- The
term `emergency notification services' means services that notify the
public of an emergency.
`(7) EMERGENCY SUPPORT SERVICES- The term
`emergency support services' means information or data base management
services used in support of emergency services.'.
SEC. 6. DEFINITIONS.
(1) SECRETARY- The term `Secretary' means
the Secretary of Transportation.
(2) STATE- The term `State' means any of
the several States, the District of Columbia, or any territory or
possession of the United States.
(3) PUBLIC SAFETY ANSWERING POINT; PSAP-
The term `public safety answering point' or `PSAP' means a facility
that has been designated to receive 9-1-1 calls and route them to
emergency service personnel.
(4) WIRELESS CARRIER- The term `wireless
carrier' means a provider of commercial mobile services or any other
radio communications service that the Federal Communications
Commission requires to provide wireless 9-1-1 service.
(5) ENHANCED WIRELESS 9-1-1 SERVICE- The
term `enhanced wireless 9-1-1 service' means any enhanced 9-1-1
service so designated by the Federal Communications Commission in the
proceeding entitled `Revision of the Commission's Rules to Ensure
Compatibility with Enhanced 9-1-1 Emergency Calling Systems' (CC
Docket No. 94-102; RM-8143), or any successor proceeding.
(6) WIRELESS 9-1-1 SERVICE- The term
`wireless 9-1-1 service' means any 9-1-1 service provided by a
wireless carrier, including enhanced wireless 9-1-1 service.
(7) EMERGENCY DISPATCH PROVIDERS- The term
`emergency dispatch providers' shall include governmental and
non-governmental providers of emergency dispatch services.
END
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