Bill Text: CA SB1160 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Communications: service interruptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-29 - In Senate. Consideration of Governor's veto pending. [SB1160 Detail]

Download: California-2011-SB1160-Amended.html

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BILL NUMBER: SB 1160	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Padilla

                        FEBRUARY 22, 2012

   An act to  amend Section 7904 of, and to  repeal  and
add  Section 7907 of,  and to repeal and add Section
7904 of,  the Public Utilities Code, relating to 
telecommunications   communications  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1160, as amended, Padilla.  Telecommunications:
intentional   Communications:  service 
disruption.   interruptions   . 
   Existing law provides that an agent, operator, or employee of a
telegraph or telephone office who willfully  fails 
 refuses or neglects  to send a message received by the
office is guilty of a misdemeanor  , as specified. Existing
law also provides that where a law enforcement official has probable
cause to believe that a person is holding hostages and is committing
a crime, or is barricaded and is resisting apprehension through the
use or threatened use of force, the official may order a previously
designated telephone corporation security employee to arrange to cut,
reroute, or divert telephone lines, as specified   .
  Existing law provides that these requirements are not
applicable when payment for charges for transmittal or delivery of
the message has not been paid or tendered, for messages  
counseling, aiding, abetting, or encouraging treason or resistance to
lawful authority, to a message calculated to further any fraudulent
plan or purpose, to a message instigating or encouraging the
perpetration of any unlawful act, or to a message facilitating the
escape of any criminal or person accused of crime  .
   This bill would  repeal those provisions and instead would
provide that a person who owns, operates, or controls facilities for
providing telecommunications service that interconnects with the
public switched telephone network shall not intentionally interrupt,
suspend, or disconnect service to a particular user or to a
geographic area, except as specified   retain the
provision that the above-described requirements are not applicable
when payment for charges for transmittal or delivery of the message
has not been paid or tendered, but would delete the other enumerated
exceptions . 
   Existing law provides that where a law enforcement official has
probable cause to believe that a person is holding hostages and is
committing a crime, or is barricaded and is resisting apprehension
through the use or threatened use of force, the official may order a
previously designated telephone corporation security employee to
arrange to cut, reroute, or divert telephone lines, as specified.
 
   This bill would repeal this provision. 
    This bill would prohibit a   governmental entity, as
defined   , and a provider of communications service, as
defined, acting at the request of a governmental entity   ,
  from undertaking to interrupt communications service, as
defined, for the purpose of protecting public safety or preventing
the use of communications service for an illegal purpose, except
pursuant to an order signed by a judicial officer, as defined, that
makes specified findings. The bill would provide that   a
good faith reliance upon an order of a judicial officer constitutes a
complete defense against any action brought as a result of the
interruption to communications service as directed by that order.

   The bill would also find and declare that it is a matter of
statewide concern to ensure that California users of any 
telecommunications   communications  service
 that interconnects with the public switched telephone
network  not have this service interrupted and thereby be
deprived of a means to connect with the state's 911  system
in an emergency   emergency services  or be
deprived of a means to engage in constitutionally protected
expression.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 7904 of the   Public
Utilities Code   is amended to read: 
   7904.  Every agent, operator, or employee of any telegraph or
telephone office, who wilfully refuses or neglects to send any
message received at such office for transmission, or wilfully
postpones the transmission of the message out of its order, or
wilfully refuses or neglects to deliver any message received by
telegraph or telephone, is guilty of a misdemeanor. Nothing in this
section shall be construed to require any message to be received,
transmitted or delivered, unless the charges thereon have been paid
or tendered  , nor to require the sending, receiving, or
delivery of any message counseling, aiding, abetting, or encouraging
treason against the Government of the United States or of this State,
or other resistance to the lawful authority, or any message
calculated to further any fraudulent plan or purpose, or to instigate
or encourage the perpetration of any unlawful act, or to facilitate
the escape of any criminal or person accused of crime  .

  SECTION 1.    Section 7904 of the Public Utilities
Code is repealed.  
  SEC. 2.    Section 7904 is added to the Public
Utilities Code, to read:
   7904.  (a) A person who owns, operates, or controls facilities for
providing telecommunications service that interconnects with the
public switched telephone network shall not intentionally interrupt,
suspend, or disconnect service to a particular user or to a
geographic area except in compliance with all of the following:
   (1) Pursuant to an order signed by a magistrate that includes all
of the following findings:
   (A) That probable cause exists that the service is being or will
be used for an unlawful purpose or to assist in a violation of the
law.
   (B) That absent immediate and summary action to interrupt,
suspend, or disconnect service, serious danger to public health or
safety will result.
   (C) That interruption, suspension, or disconnection of service
will not suppress speech that is protected by the First Amendment or
Section 2 of Article I of the California Constitution, or violate any
other rights under federal or state law.
   (2) After providing the California Public Utilities Commission or
the Federal Communications Commission, or both, any required
notification and complying with any applicable regulation of either
commission or any other applicable provision of state or federal law.

   (b) The Legislature finds and declares that it is a matter of
statewide concern to ensure that California users of any
telecommunications service that interconnects with the public
switched telephone network not have this service interrupted and
thereby be deprived of a means to connect with the state's 911 system
in an emergency or be deprived of a means to engage in
constitutionally protected expression. 
   SEC. 3.   SEC. 2.   Section 7907 of the
Public Utilities Code is repealed.
   SEC. 3.    Section 7907 is added to the  
Public Utilities Code   , to read:  
   7907.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Communications service" means any communications service that
interconnects with the public switched telephone network and is
required by the Federal Communications Commission to provide
customers with 911 access to emergency services.
   (2) "Governmental entity" means every local government, including
a city, county, city and county, a transit, joint power, special, or
other district, the state, and every agency, department, commission,
board, bureau, or other political subdivision of the state.
   (3) "Interrupt communications service" means to knowingly or
intentionally suspend, disconnect, interrupt, or disrupt
communications service to one or more particular customers or all
customers in a geographical area.
   (4) "Judicial officer" means a magistrate, judge, justice,
commissioner, referee, or any person appointed by a court to serve in
one of these capacities, of any state or federal court located in
this state.
   (b) No governmental entity and no provider of communications
service, or any agent thereof, acting at the request of a
governmental entity, shall interrupt communications service for the
purpose of protecting public safety or preventing the use of
communications service for an illegal purpose, except pursuant to an
order signed by a judicial officer that includes all of the following
findings:
   (1) That probable cause exists that the service is being or will
be used for an unlawful purpose or to assist in a violation of the
law.
   (2) That absent immediate and summary action to interrupt
communications service, significant danger to the public health,
safety, or welfare will result.
   (3) That interruption of communications service will not suppress
speech that is protected by the First Amendment to the United States
Constitution or Section 2 of Article I of the California
Constitution, or violate any other rights under federal or state law.

   (c) A provider of communications service that intentionally
interrupts communications service pursuant to subdivision (b) shall
comply with any rule or notification requirement of the commission or
Federal Communications Commission, or both, and any other applicable
provision or requirement of state or federal law.
   (d) Good faith reliance upon an order of a judicial officer
authorizing the interruption of communications service pursuant to
subdivision (b) shall constitute a complete defense against any
action brought as a result of the interruption to communications
service as directed by that order.
   (e) The Legislature finds and declares that it is a matter of
statewide concern to ensure that California users of any
communications service not have that service interrupted, and thereby
be deprived of 911 access to emergency services or a means to engage
in constitutionally protected expression.