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 ASSEMBLY  JUNE 19, 2012
	AMENDED IN SENATE  MAY 15, 2012
	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, the Public Utilities Code, relating to communications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1160, as amended, Padilla. Communications: service
interruptions.
   Existing law provides that an agent, operator, or employee of a
telegraph or telephone office who willfully refuses or neglects to
send a message received by the office is guilty of a misdemeanor.
Existing law provides that these requirements are not applicable when
charges for transmittal or delivery of the message have 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 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
require the order to  clearly describe the specific servi 
 ce to be interrupted with sufficient detail as to customer, cell
sector, central office, or geographical area affected,  be
narrowly tailored to the specific circumstances under which the order
is made  ,  and would  prohibit  
require that  the order  from interfering  
not interfere  with more communication than is necessary to
achieve the purposes of the order. The bill would  require
any   allow the order to authorize an  interruption
of service  to extend  only for  as long
as is reasonably necessary  and to   , require
that the interruption  cease immediately once the danger that
justified the interruption is addressed   abated
or an application for court order has been denied, and require that
the communications service provider be notified in writing to cease
the interruption  . The bill would provide that a good faith
reliance upon an order of a judicial officer  , or a signed
statement of intent to apply for a court order, as prescribed, 
constitutes a complete defense for any communications  services
 provider served with an order that meets the above requirements
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
communications service not have this service interrupted and thereby
be deprived of a means to connect with the state's 911 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 willfully refuses or neglects to send any
message received at the office for transmission, or willfully
postpones the transmission of the message out of its order, or
willfully 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.
  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 powers, 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.  "Interrupt communications
service" does not include any interruption of service pursuant to a
customer service agreement, a contract, a tariff, a provider's
internal practices to protect the security of its networks, Section
2876, 5322, or 5371.6 of this code, Section 149 or 7099.10 of the
Business and Professions Code, or subdivision (d) of Section 4576 of
the Penal Code. 
   (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)  (1)    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) 
    (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. 
   (2) 
    (B)  That absent immediate and summary action to
interrupt communications service, serious  , direct, immediate,
and irreparable  danger to public safety will result. 
   (3) 
    (C)  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) 
    (2)  The order shall  clearly describe the specific
service to be interrupted with sufficient detail as to customer, cell
  sector, central office, or geographical area affected,
shall  be narrowly tailored to the specific circumstances under
which the order is made  ,  and shall not interfere with
more communication than is necessary to achieve the purposes of the
order. 
   (d) Any 
    (3)   The order shall authorize an 
interruption of service  shall extend  only  for
 as long as is reasonably necessary and shall  require that
the interruption  cease immediately once the danger that
justified the interruption is  addressed  
abated or an application for court order has been denied, and that
the communications service provider be notified in writing to cease
the interruption  . 
   (c) An order to interrupt service that falls within the federal
Emergency Wireless Protocol shall be served on the California
Emergency Management Agency. All other orders to interrupt service
shall be served on the communications service provider's contact for
receiving requests from law enforcement, including receipt of and
responding to state or federal warrants, orders, or subpoena. 

   (d) Nothing in this section curtails a governmental entity from
reliance on judicially recognized exceptions to the prohibition on
prior restraints on speech. If a governmental entity determines that
the circumstances justify an interruption of communications service
without first obtaining an order as required by this section, the
governmental entity shall do all of the following:  
   (1) Apply for a court order without delay, and in no event, later
than one hour after an interruption of communications service. 

   (2) Provide the provider of communications service involved in the
service interruption a statement of intent to apply for a court
order signed by an authorized official of the governmental entity.
 
   (3) Provide public notice of the application for a court order
authorizing the service interruption. 
   (e) 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.
   (f) Good faith reliance upon an order of a judicial officer
authorizing the interruption of communications service pursuant to
subdivision (b)  , or upon a signed statement of intent to apply
for a court order pursuant to subdivision (d),  shall constitute
a complete defense for any communications  service 
provider served with an order that meets the requirements of that
subdivision against any action brought as a result of the
interruption to communications service as directed by that order.
   (g) 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.