Bill Text: PA HB1013 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for emergency telephone service.

Spectrum: Moderate Partisan Bill (Republican 14-4)

Status: (Introduced - Dead) 2011-03-14 - Referred to VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS [HB1013 Detail]

Download: Pennsylvania-2011-HB1013-Introduced.html

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PRINTER'S NO. 1103
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1013 Session of2011
INTRODUCED BY CAUSER, CALTAGIRONE, COHEN, D. COSTA, DAY, FLECK, GEIST, GINGRICH, HENNESSEY, HORNAMAN, MILLARD, MILNE, MURT, RAPP, SONNEY, TALLMAN AND VULAKOVICH, MARCH 14, 2011
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MARCH 14, 2011
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, further providing for emergency
telephone service.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5302 of Title 35 of the Pennsylvania
Consolidated Statutes, added November 23, 2010 (P.L.1181,
No.118), is amended to read:
§ 5302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"911 emergency response team." The person or persons
dispatched to render assistance in response to a 911 call.
"911 service provider." An entity providing one or more of
the following 911 service elements: network, customer premises
equipment or database service.
"911 system." A system, including enhanced 911 service but
excluding a wireless E-911 system, which permits a person
dialing 911 by telephone to be connected to a public safety
answering point, via normal telephone facilities, for the
reporting of police, fire, medical or other emergency
situations.
"Advisory committee." The E-911 Emergency Services Advisory
Committee.
"Agency." The Pennsylvania Emergency Management Agency.
"ALI." Automatic location information.
"ANI." Automatic number identification.
"Associated with Pennsylvania." The term shall mean:
(1) In the case of the mobile telephone number (MTN),
the geographical location associated with the first six
digits or NPA-NXX of the MTN.
(2) In the case of a customer service address, the
physical location of the address.
["Automatic location information." The delivery or receipt
of the street address of the telephone or the geographic
location of the wireless device, as specified in the FCC E-911
Order, being used to place a call to a 911 system or to a
wireless E-911 system.
"Automatic number identification." The delivery or receipt
of the telephone number assigned to the telephone or wireless
device being used to place a call to a 911 system or to a
wireless E-911 system.]
"Automatic location information." The delivery or receipt
and automatic display at a PSAP of a 911 caller's telephone
number, the address or location of the calling telephone and
supplementary emergency services information of a location from
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which the call originates.
"Automatic number identification." The delivery or receipt
of the telephone number associated with the access line from
which a call to a 911 system or to a wireless E-911 system
originates.
"Call back number." A number used by a public safety
answering point to recontact the location from which a 911 call
was placed. This number may or may not be the number of the
telephone station used to originate the 911 call.
"Centrex system." A business telephone network switch
offered by some local exchange carriers that provides features
similar to a private branch exchange (PBX) by transmitting data
over telecommunication equipment or cable lines.
"Commission." The Pennsylvania Public Utility Commission.
"Competitive local exchange carrier." A local exchange
carrier that has been certificated as a competitive local
exchange carrier by the Pennsylvania Public Utility Commission.
"Consumer." A person who purchases prepaid wireless
telecommunications service or a prepaid wireless device in a
retail transaction.
"Contribution rate." A fee assessed against a telephone
subscriber for the nonrecurring costs, maintenance and operating
costs of a 911 system.
"Council." The Pennsylvania Emergency Management Council.
"County." The term shall include a city of the first class
coterminous with a county.
"County plan." A document submitted by the county on a
triennial basis to the Pennsylvania Emergency Management Agency
outlining its proposed and existing wireline and wireless 911
and E-911 systems and procedures, including a contribution rate,
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for the forthcoming three years.
"E-911." Enhanced 911 service.
"ELIN." Emergency location identification number.
"Emergency location identification number." A valid North
American Numbering Plan format telephone number assigned to a
multiline telephone system operator by the appropriate authority
which is used to route the call to a public safety answering
point and is used to retrieve the automatic location information
for the public safety answering point. The ELIN may be the same
number as the automatic number identification. The North
American Numbering Plan number may in some cases not be a
dialable number.
"Emergency notification services." Services provided by
authorized agencies of Federal, State, county or local
governments, or by persons authorized by these governments, that
notify the public, using ANI/ALI database information, of
emergencies declared by these governments.
"Emergency response location." A location to which a 911
emergency response team may be dispatched and which is specific
enough to provide a reasonable opportunity for the emergency
response team to quickly locate a caller anywhere within the
location.
"Emergency support services." Information or database
management services provided by authorized agencies of Federal,
State, county or local governments, or by persons authorized by
these governments, that are used in support of PSAPs or
emergency notification services.
"Enhanced 911 service." [or "E-911."] Emergency telephone
service providing for automatic identification of caller
location and calling number.
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"ERL." Emergency response location.
"FCC E-911 Order." All of the following:
(1) All orders issued by the Federal Communications
Commission pursuant to the proceeding entitled "Revision of
the Commission's Rules to Ensure Compatibility with Enhanced
911 Emergency Calling Systems" (CC Docket No. 94-102)
codified at 47 CFR § 20.18 (relating to 911 service) and any
successor proceeding.
(2) Any Federal Communications Commission order that
affects the provision of wireless E-911 service to wireless
service customers.
"Fund." The Wireless E-911 Emergency Services Fund.
"Hybrid system." A system providing both manual and pooled
access for outgoing calls. During installation, either pooled or
manual access is selected.
"Interconnected Voice over Internet Protocol provider." A
person engaged in the business of providing VoIP service to end-
use customers in this Commonwealth, including resellers.
"Interconnected Voice over Internet Protocol service."
Service as defined by any of the following:
(1) All orders issued by the Federal Communications
Commission pursuant to the proceeding entitled "IP-Enabled
Services" (WC Docket No. 04-36; FCC 05-116), codified at 47
CFR Part 9 (relating to interconnected Voice over Internet
Protocol services), and any successor proceeding.
(2) Any Federal Communications Commission order that
affects the provision of 911 service or E-911 service to VoIP
service customers or further defines interconnected Voice
over Internet Protocol service.
"Interconnected Voice over Internet Protocol service
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customer." A person who is billed by an interconnected Voice
over Internet Protocol provider, who is the end user of VoIP
service and who has designated a primary place of use within
this Commonwealth.
"Interexchange carrier." A person that is authorized by the
Pennsylvania Public Utility Commission to provide long-distance
telecommunications service.
"Internet service provider." A person that provides Internet
access to other persons.
"ISP." Internet service provider.
"Key telephone system." A type of multiline telephone system
which provides shared access to several outside lines through
buttons or keys, and which has identified access lines with
direct line appearances or terminations on each telephone
station.
"Local exchange carrier." A person, including a competitive
local exchange carrier, that is authorized by the Pennsylvania
Public Utility Commission to provide local exchange
telecommunications service or exchange access.
"Local exchange telephone service." The provision of
telephonic message transmission within an exchange, as defined
and described in tariffs filed with and approved by the
Pennsylvania Public Utility Commission.
"Local notification." A system capability where a call to
911 from a multiline telephone system extension is directed
through the 911 network to a public safety answering point and
simultaneously notifies an attendant or other designee to
identify the location of the telephone that has dialed 911.
"Master street address guide." A database of street names
and house number ranges within the associated communities
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defining emergency services zones and their associated emergency
services numbers to enable proper routing of 911 calls.
"MLTS." Multiline telephone system.
"Mobile telephone number." [or "MTN."] The telephone number
assigned to a wireless telephone at the time of initial
activation.
"MSAG." Master street address guild.
"MTN." Mobile telephone number.
"Multiline telephone system." A multiline telephone system
comprised of common control unit or units, telephone sets,
control hardware and software and adjunct systems used to
support the MLTS capabilities required under this chapter. The
term includes network-based and premises-based systems,
including, but not limited to, Centrex, VoIP, PBX, Hybrid and
Key Telephone Systems as classified by the Federal
Communications Commission under the requirements of 47 CFR Part
68 (relating to connection of terminal equipment to the
telephone network) and includes systems owned or leased by
governmental agencies and nonprofit entities, as well as for-
profit businesses.
"Multiline telephone system (MLTS) manager." The person
authorized to implement a multiline telephone system, either
through purchase or lease of an MLTS or the purchasing of MLTS
services, as the means by which to make 911 calls.
"Multiline telephone system (MLTS) operator." The person
responsible for ensuring that a 911 call placed from a multiline
telephone system is transmitted and received in accordance with
this chapter regardless of the MLTS technology used to generate
the call. The MLTS operator may be the MLTS manager or a third
party acting on behalf of the MLTS manager.
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"NPA-NXX." The first six digits of a ten-digit telephone
number, including a mobile telephone number, representing the
area code and exchange of the telephone number.
"PBX." Private branch exchange.
"Person." The term includes a corporation, a partnership, an
association, the Federal Government, the State government, a
political subdivision, a municipal or other local authority and
a natural person.
"Prepaid wireless device." A wireless telephone that is
purchased strictly for the purpose of initiating a prepaid
calling service. The term does not include traditional wireless
devices used for monthly calling plans.
"Prepaid wireless E-911 surcharge." The charge that is
required to be collected by a seller from a consumer in the
amount established under section 5311.4(b.1) (relating to
Wireless E-911 Emergency Services Fund).
"Prepaid wireless provider." A person that provides prepaid
wireless telecommunications service pursuant to a license issued
by the Federal Communications Commission.
"Prepaid wireless telecommunications service." A wireless
telecommunications service that meets all of the following:
(1) Allows a caller to dial 911 to access the 911
system.
(2) Is paid for in advance and sold in predetermined
units or dollars of which the number may or may not decline
with use in a known amount.
"Primary place of use." The street address representative of
where the customer's use of the VoIP service primarily occurs.
For the purpose of VoIP 911 fees, primary place of use is the
customer's registered location on the date the customer is
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billed.
"Private 911 emergency answering point." An answering point
operated by a nonpublic safety entity which provides functional
alternative and adequate means of signaling and directing
responses to emergencies as an adjunct to public safety
responses, trains individuals intercepting calls for assistance
in accordance with applicable local emergency telecommunications
requirements and provides incident reporting to the public
safety emergency response centers in accordance with State and
local requirements.
"Private branch exchange." A private telephone network
switch that is connected to a publicly switched telephone
network.
"PSAP." A public safety answering point.
"Public agency." Any of the following:
(1) The Commonwealth.
(2) A political subdivision, public authority or
municipal authority.
(3) An organization located in whole or in part within
this Commonwealth which provides or has the authority to
provide firefighting, law enforcement, ambulance, emergency
medical or other emergency services.
"Public safety answering [point." The agency-approved first
point at which calls for emergency assistance from individuals
are answered and which is operated 24 hours a day.] point." A
set of call takers authorized by a governing body and operating
under common management which receives 911 calls and
asynchronous event notifications for a defined geographic area
and processes those calls and events according to a specified
operational policy.
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"Public switched telephone network." The network of
equipment, lines and controls assembled to establish
communication paths between calling and called parties in North
America.
"Retail transaction." The purchase of prepaid wireless
telecommunications service or a prepaid wireless device from a
seller for any purpose other than resale.
"Seller." A person who sells prepaid wireless
telecommunications service or a prepaid wireless device to
another person.
"Shared residential MLTS service." The use of a multiline
telephone system to provide service to residential facilities
even if the service is not delineated for purposes of billing.
For purposes of this definition, residential facilities shall be
liberally construed to mean single family and multifamily
facilities.
"Shared telecommunications services." The provision of
telecommunications and information management services and
equipment within a user group located in discrete private
premises in building complexes, campuses or high-rise buildings
by a commercial shared services provider or by a user
association through privately owned customer premises equipment
and associated data processing and information management
services, including the provision of connections to the
facilities of a local exchange carrier and to interexchange
carriers.
"Telecommunications carrier." Any provider of
telecommunications services as defined by the Telecommunications
Act of 1996 (Public Law 104-104, 110 Stat. 56).
"Telephone station." Any telephone that can be assigned a
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telephone number, an emergency response location, an automatic
number identification and an automatic location identification,
and that has the capability of requesting emergency service.
"Telephone subscriber." A person who contracts with [a local
exchange carrier within this Commonwealth for residential or
commercial local exchange telephone service] either a
residential or a commercial voice telephone service provider. If
the same person has several telephone dial tone access lines,
each dial tone access line shall constitute a separate
subscription. For purposes of the contribution rate, the term
shall not include pay stations owned or operated by a regulated
public utility, or nonpublic utilities as the term is used in 66
Pa.C.S. § 2913(b) (relating to minimum service requirement).
"Temporary residence." A facility such as a dormitory,
hotel, motel or health care or nursing home that provides
temporary occupancy for transient residents and that is served
by a multiline telephone system.
"Vendor." A person other than a local exchange carrier or a
wireless provider who supplies 911 or wireless E-911 system
services or equipment.
"VoIP provider." Interconnected Voice over Internet Protocol
provider.
"VoIP service." Interconnected Voice over Internet Protocol
service."
"VoIP service customer." An Interconnected Voice over
Internet Protocol service customer.
"VoIP system." A system used to provide Voice over Internet
Protocol service.
"Wireless E-911 service." Service provided by a wireless
provider, pursuant to the FCC E-911 Order.
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"Wireless E-911 State plan." A document to be prepared,
maintained and kept current by the Pennsylvania Emergency
Management Agency providing for all aspects of the development,
implementation, operation and maintenance of a Statewide
integrated wireless E-911 system, including the exclusive
authority to formulate technical standards and determine
permitted uses of and amounts disbursed from the Wireless E-911
Emergency Services Fund.
"Wireless E-911 surcharge." A monthly fee assessed upon each
wireless service customer, other than a prepaid wireless seller,
provider or consumer, subject to the prepaid wireless E-911
surcharge under section 5311.4(b.1) (relating to Wireless E-911
Emergency Services Fund), for each wireless two-way
communication device for which that customer is charged by a
wireless provider for wireless service.
"Wireless E-911 system." An E-911 system which permits
wireless service customers dialing 911 to be connected to a
public safety answering point for the reporting of police, fire,
medical or other emergency situations.
"Wireless provider." A person engaged in the business of
providing wireless service to end-use customers in this
Commonwealth, including resellers.
"Wireless service." Commercial mobile radio service as
defined under section 332(d) of the Communications Act of 1934
(48 Stat. 1604, 47 U.S.C. § 332(d)) which provides real-time,
two-way voice service that is interconnected with the public
switched telephone network.
"Wireless service customer." A person who is billed by a
wireless provider or who receives prepaid wireless telephone
service from a wireless provider for wireless service within
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this Commonwealth.
"Workspace." The physical building area where work is
normally performed. This is a net square footage measurement
which includes hallways, conference rooms, restrooms and break
rooms, but does not include wall thickness, shafts, heating
equipment spaces, ventilating equipment spaces, air conditioning
equipment spaces, mechanical spaces, electrical spaces or
similar areas where employees do not normally have access.
Section 2. Title 35 is amended by adding sections to read:
§ 5311.15. Shared residential MLTS service.
Operators of shared residential MLTS serving residential
customers shall assure that the telecommunications system is
connected to the public switched telephone network such that
calls to 911 result in one distinctive ANI and ALI for each
living unit.
§ 5311.16. Business MLTS.
(a) General rule.--For an MLTS serving business locations,
the MLTS operator shall deliver the 911 call with an ELIN which
shall result in one of the following:
(1) An ERL which provides, at a minimum, the building
and floor location of a caller.
(2) An ability to direct response through an alternative
and adequate means of signaling by the establishment of a
private 911 emergency answering point.
(b) Reasonable effort.--The MLTS manager must make a
reasonable effort to assure that 911 callers are aware of the
proper procedures for calling for emergency assistance.
(c) Exceptions.--Workspaces with less than 7,000 square feet
on a single level, and located on a single contiguous property,
are not required to provide more than one ERL, and key telephone
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systems are not required to provide more than one ERL.
§ 5311.17. Shared telecommunications services.
Providers of shared telecommunications services shall assure
that the MLTS is connected to the public switched telephone
network such that calls to 911 from any telephone result in ALI
for each respective ERL of each entity sharing the
telecommunications services.
§ 5311.18. Temporary residence.
Businesses providing MLTS service to a temporary residence
shall permit the dialing of 911, and the MLTS operator shall
ensure that the MLTS is connected to the public switched
telephone network. Where PBX or other private switch ALI records
are not provided for each individual station, the MLTS operator
of the temporary residence shall provide specific location
information for the caller to the PSAP.
§ 5311.19. Local notification.
In addition to any other requirement of this chapter,
applicable to its type of MLTS service, an MLTS operator may
also elect to implement local notification.
§ 5311.20. ALI database maintenance.
Where applicable, MLTS operators must arrange to update the
ALI database with an appropriate Master Street Address Guide
valid address and callback information for each MLTS telephone,
such that the location information specifies the ERL of the
caller. These updates must be downloaded or otherwise made
available to the ALI database provider as soon as practicable
for a new MLTS installation, or within one business day of
record completion of the actual changes for MLTS installed
before the effective date of this section. The information is
subject to all Federal and State privacy and confidentiality
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laws. The MLTS operator shall audit accuracy of information
contained in the ALI database at least once annually.
§ 5311.21. Industry standards.
MLTS operators shall comply with E-911 generally accepted
industry standards. Local exchange carriers and ISPs are
responsible for providing 911 call interconnectivity through the
use of generally accepted industry standards.
§ 5311.22. Dialing instructions.
An MLTS operator may require a caller to dial a prefix,
usually the digit 9, before dialing any outgoing call. The MLTS
manager shall be required to take all reasonable efforts to
assure that potential 911 callers are aware of the proper
procedures for calling for emergency assistance. Dialing
instruction requirements shall apply to all MLTS operators
regardless of whether any other MLTS exemptions in this chapter
apply.
§ 5311.23. MLTS signaling.
An MLTS shall support 911 calling by using any generally
accepted industry standard signaling protocol designed to
produce an automatic display of caller information on the video
terminal of the PSAP call taker unless the MLTS operator is
exempt or a waiver has been granted.
§ 5311.24. MLTS operator education.
Public agencies providing 911 educational programs are
encouraged to develop a program to educate MLTS operators
related to accessing 911 emergency telephone systems and
coordinate adequate testing of the MLTS interface to the 911
system.
§ 5311.25. Limitation of liability.
No manufacturer or provider of MLTS, MLTS manager, MLTS
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operator or 911 service provider shall be liable for any civil
damages or penalties as a result of any act or omission, except
willful or wanton misconduct, in connection with developing,
adopting, operating or implementing any plan or system required
by this chapter.
§ 5311.26. Exemptions.
Facilities in areas without E-911 service that are authorized
by law to offer alternative and adequate means of intercepting
emergency calls shall provide training to individuals
intercepting the calls in accordance with applicable local
emergency telecommunications requirements. Such facilities,
until they have E-911 service available to them, are otherwise
exempt from the MLTS requirements in this chapter other than
those in this section and in section 5311.22 (relating to
dialing instructions).
§ 5311.27. MLTS in areas without enhanced 911 service.
MLTS operators in areas without enhanced 911 service are
exempt from the signaling and ALI database maintenance
requirements of this chapter. Existing MLTS operators shall
comply with these requirements within five years after E-911
service becomes available in their area or immediately upon
installation of a new MLTS after E-911 service becomes
available. If E-911 service becomes available in an area more
than five years after the effective date of this section, MLTS
operators in that area shall comply with the signaling and ALI
database maintenance requirements within 12 months of the date
of E-911 service availability.
§ 5311.28. Waiver provisions.
The agency may grant a waiver of any MLTS requirement in this
chapter upon good cause shown. A local exchange carrier or ISP
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is not authorized to enforce compliance with this chapter.
Nothing in this section shall be construed to relieve employers
of their obligations under Federal and State workplace
occupational safety and health statutes and rules.
Section 3. The provisions of this act shall be implemented
in accordance with the following:
(1) In areas where E-911 MLTS support service is
available on the effective date of this section,
implementation shall be completed within 180 days of the
effective date of this section. E-911 support service is
deemed to be available if:
(i) the PSAP can accept ELIN information from the
MLTS using generally accepted industry standard
interfaces;
(ii) facilities are in place to accept and store the
ERL information provided by the MLTS operators; and
(iii) the PSAP is equipped to utilize the ERL
information.
(2) In areas where MLTS is installed one year or more
after the effective date of this section, implementation
shall be completed upon installation.
(3) In all other cases, implementation shall be
completed within seven years of the effective date of this
section.
Section 4. This act shall take effect in 60 days.
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