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AB-1366 Office of Emergency Services: coordination of communications.(2019-2020)

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Date Published: 04/06/2020 09:00 PM
AB1366:v93#DOCUMENT

Amended  IN  Senate  April 06, 2020
Amended  IN  Senate  September 06, 2019
Amended  IN  Senate  August 13, 2019
Amended  IN  Assembly  May 20, 2019
Amended  IN  Assembly  April 29, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1366

Introduced by Assembly Members Daly and Obernolte Friedman

February 22, 2019

An act to add and repeal Chapter 26.5 (commencing with Section 22765) of Division 8 of the Business and Professions Code, to amend Section 53121 of the Government Code, and to amend Section 710 of the Public Utilities Code, relating to communications.


LEGISLATIVE COUNSEL'S DIGEST


AB 1366, as amended, Daly. Voice over Internet Protocol and Internet Protocol enabled communications services: Next Generation 911 emergency communications system: reporting requirements. Office of Emergency Services: coordination of communications.

(1)Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law, until January 1, 2020, prohibits the commission, a department, an agency, or a political subdivision of the state from regulating Voice over Internet Protocol (VoIP) and Internet Protocol enabled service, as defined, except as required or delegated by federal law or as expressly directed to do so by statute.

This bill would extend until January 1, 2022, the qualified prohibition upon the commission, a department, an agency, or a political subdivision of the state regulating VoIP and Internet Protocol enabled service, with the additional qualification that the commission, a department, an agency, or a political subdivision of the state would be authorized to exercise regulatory jurisdiction and control as expressly and specifically directed by the Legislature in the interest of public safety, cybersecurity, or consumer protection.

(2)Existing law expressly exempts from the qualified prohibition certain of the commission’s powers, including those relative to the construction and maintenance of underground facilities and overhead electric lines, as specified.

This bill would also expressly exempt from the prohibition the commission’s authority relative to the safety of those lines and facilities, the commission’s authority relative to certain confidential network outage reporting requirements, and requirements adopted by the commission for VoIP providers voluntarily participating in the state’s lifeline program. The

Existing law establishes the Office of Emergency Services within the office of the Governor. Existing law requires the office to develop a plan and timeline of target dates for the testing, implementation, and operation of a Next Generation 911 emergency communication system, including text to 911 service, throughout California. Existing law requires the Next Generation 911 emergency communication system to incorporate certain elements, including public safety communications, as specified.
The bill would expressly authorize the Office of Emergency Services office to establish requirements for the Next Generation 911 emergency communication system, including the costs, services, and terms and conditions for contractors selected by the office to provide Next Generation 911 services. The bill would authorize the Office of Emergency Services office to direct the commission Public Utilities Commission to implement the terms of service requirements for those contractors selected by the office to provide Next Generation 911 services.

(3)Existing law establishes various reporting requirements for the commission.

This bill would require the commission to forward any customer complaint received by the commission regarding VoIP service to the Attorney General. The bill would require the commission to annually report to the Legislature information relative to the number and type of complaints received from VoIP customers about VoIP service, information relative to the outcome of complaints as reported back to the commission from service providers, and recommendations based upon those complaints and the reported outcomes of those complaints. The bill would require the commission to provide the Attorney General with a copy of a specified annual report. The bill would require that data provided to the Attorney General or the Legislature pursuant to these requirements be deidentified and aggregated and that the data not disclose personally identifiable information.

(4)Existing law, as implemented by the commission, provides requirements for backup power to enable telecommunications systems to function, as specified.

This bill would require a provider of residential interconnected VoIP service to disclose to each new residential customer any backup power requirements established in state and federal law and to advise the customer that they may submit a complaint regarding service to the commission and obtain information relative to alternative communication services from the commission. The bill would require the provider to include in its terms of service for residential customers a provision stating that the provider will provide to a customer, upon request, a bill credit when the customer experiences a service outage for more than 24 hours, except as provided. The bill, subject to the same exceptions, would require the provider to initiate steps to restore service within 24 hours of receiving a report of a service outage and would require the provider to restore service within 72 hours of receiving a report of the service outage. The bill would authorize the Attorney General to enforce these requirements. The bill would repeal these provisions on January 1, 2023.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Chapter 26.5 (commencing with Section 22765) is added to Division 8 of the Business and Professions Code, to read:
26.5.Voice over Internet Protocol (VoIP) Services
22765.

For purposes of this article, “VoIP” means Voice over Internet Protocol.

22765.5.

(a)A provider of residential interconnected VoIP service shall disclose to each new residential customer any backup power requirements established in state and federal law. The disclosure shall advise the customer that the customer may contact the Public Utilities Commission to submit a complaint regarding their VoIP service and to obtain additional information regarding alternative communication services, including the customer’s right to basic telephone service.

(b)(1)A provider of residential interconnected VoIP service shall include in its terms of service for residential customers a provision stating that the provider will provide to a customer, upon request, a bill credit when the customer experiences a service outage for more than 24 hours, excluding Sundays, federal holidays, or periods of outage due to circumstances beyond the provider’s control.

(2)A provider of residential interconnected VoIP service shall initiate steps to restore service within 24 hours of receiving a report of a service outage. The 24-hour period shall not include Sundays, federal holidays, or periods of outage due to circumstances beyond the provider’s control.

(3)A provider of residential interconnected VoIP service shall, within 72 hours of receiving a report of a residential interconnected VoIP service outage, restore service, which may include restoring service remotely. The 72-hour period shall not include Sundays, federal holidays, or periods of outage due to circumstances beyond the provider’s control.

(4)For purposes of this subdivision, “circumstances beyond the provider’s control” include an electrical outage, catastrophic event, natural disaster, emergency proclaimed by the Governor, cable theft, cable cut by a third party, lack of access to the premises, or absence of customer support to test the facilities.

(5)For purposes of this subdivision, “service outage” means the inability of an end user to place or receive a VoIP call as a result of a failure in the performance of the end user’s interconnected VoIP service provider’s network.

(6)This subdivision shall not apply to residential interconnected VoIP service that is provided over the same residential facilities used to provide another service that is subject to any other law or regulation with the same or similar standards governing outage response or repair time.

(7)The restoration of service requirements of this section do not apply to services using radio frequency spectrum licensed by the Federal Communications Commission.

22766.

(a)The Attorney General is authorized to enforce this chapter.

(b)Nothing in this chapter confers jurisdiction or authority to the Public Utilities Commission to enforce this chapter.

22767.

This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 2.SECTION 1.

 Section 53121 of the Government Code is amended to read:

53121.
 (a) The Office of Emergency Services shall develop a plan and timeline of target dates for the testing, implementation, and operation of a Next Generation 911 emergency communication system, including text to 911 service, throughout California.
(b) In order to maximize efficiency and contain costs, the Next Generation 911 emergency communication system shall incorporate, where consistent with public safety and technologically feasible, shared infrastructure and elements of other public safety and emergency communications networks, including, but not limited to, all of the following:
(1) Public safety communications identified in the annual plan required by subdivision (b) of Section 15277.
(2) Local and regional public safety broadband networks authorized by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(3) Public safety broadband networks authorized by the federal Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96).
(4) Public safety radio and communications facilities used for the purpose of public warnings pursuant to Section 15254.
(c) The Office of Emergency Services may establish requirements for the Next Generation 911 emergency communication system established pursuant to this section, including the costs, services, and terms and conditions for contractors selected by the Office of Emergency Services to provide Next Generation 911 services. The Office of Emergency Services may direct the Public Utilities Commission to implement the terms of service requirements for the selected contractors. Nothing in this section requires or authorizes the Public Utilities Commission to require any entity, other than a contractor selected by the Office of Emergency Services, to provide Next Generation 911 services, equipment, or infrastructure. Nothing in this section provides the Public Utilities Commission with authority to establish its own requirements regarding Next Generation 911 services, equipment, or infrastructure. Nothing in this section provides any authority to the Public Utilities Commission over infrastructure or services established or provided pursuant to a contract with the First Responder Network Authority.

SEC. 3.Section 710 of the Public Utilities Code is amended to read:
710.

(a)(1)The commission shall not exercise regulatory jurisdiction or control over Voice over Internet Protocol and Internet Protocol enabled services except in accordance with one of the following:

(A)As required or expressly delegated by federal law.

(B)As expressly directed to do so by statute or as set forth in this section.

(C)As expressly and specifically directed by the Legislature in the interest of public safety, cybersecurity, or consumer protection.

(2)This subdivision does not expand the commission’s jurisdiction beyond the exceptions in paragraph (1).

(b)(1)No department, agency, commission, or political subdivision of the state shall enact, adopt, or enforce any law, rule, regulation, ordinance, standard, order, or other provision having the force or effect of law, that regulates VoIP or other IP enabled service, except in accordance with one of the following:

(A)As required or expressly delegated by federal law.

(B)As expressly authorized by statute or pursuant to this section.

(C)As expressly and specifically directed by the Legislature in the interest of public safety, cybersecurity, or consumer protection.

(2)This subdivision does not expand a department’s, agency’s, commission’s, or political subdivision’s jurisdiction beyond the exceptions in paragraph (1).

(c)This section does not affect or supersede any of the following:

(1)The authority to impose surcharges on interconnected VoIP service pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001) of Division 2 of the Revenue and Taxation Code) and Section 285.

(2)The Digital Infrastructure and Video Competition Act of 2006 (Division 2.5 (commencing with Section 5800)) or a franchise granted by a local franchising entity, as those terms are defined in Section 5830.

(3)The commission’s authority to implement and enforce Sections 251 and 252 of the federal Communications Act of 1934, as amended (47 U.S.C. Secs. 251 and 252).

(4)The commission’s authority to require data and other information pursuant to Section 716.

(5)The commission’s authority to address or affect the resolution of disputes regarding intercarrier compensation, including for the exchange of traffic that originated, terminated, or was translated at any point into Internet Protocol format.

(6)The commission’s authority to enforce requirements regarding backup power systems adopted pursuant to Section 2892.1.

(7)The commission’s authority relative to access to support structures, including pole attachments, or to the construction, safety, and maintenance of facilities pursuant to commission General Order 95, General Order 128, and any successor decisions.

(8)The authority of the Office of Emergency Services pursuant to the Warren-911-Emergency Assistance Act (Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code), including, but not limited to, the development, implementation, and administration of a Next Generation 911 emergency communications system pursuant to Section 53121 of the Government Code.

(9)The requirement that facilities-based interconnected VoIP service providers submit to the commission, on a confidential basis, a copy of each network outage reporting system report submitted to the Federal Communications Commission.

(10)The requirements applicable to any VoIP service provider that voluntarily participates in the state’s lifeline program.

(d)This section does not affect the enforcement of any state or federal criminal or civil law or any local ordinances of general applicability, including, but not limited to, consumer protection and unfair or deceptive trade practice laws or ordinances, that apply to the conduct of business, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), local utility user taxes, cybersecurity, and state and local authority governing the use and management of the public rights-of-way.

(e)This section does not affect any existing regulation of, or existing commission authority over, any of the following:

(1)Non-VoIP and non-IP-enabled wireline or wireless service.

(2)Lifeline service.

(3)The obligation of a carrier of last resort to offer basic service, regardless of the technology used.

(f)(1)This section does not limit the commission’s ability to continue to monitor and discuss VoIP services, to track and report to the Federal Communications Commission and the Legislature pursuant to this subdivision the number and type of complaints received by the commission from customers, and recommendations based on those complaints, to respond informally to customer complaints, and to provide VoIP customers who contact the commission information regarding available options under state and federal law for addressing complaints.

(2)The commission shall forward to the Attorney General any customer complaint received by the commission regarding VoIP services.

(3)The commission shall include in its annual report to the Legislature made pursuant to Section 910 all of the following:

(A)The number and type of complaints received by the commission from VoIP customers about VoIP services.

(B)The outcome of complaints described in subparagraph (A) as reported back to the commission from service providers.

(C)Any recommendations based on the customer complaint information described in subparagraphs (A) and (B).

(4)The commission shall provide the Attorney General a copy of its annual report to the Legislature made pursuant to Section 910.

(5)Any data provided pursuant to this subdivision shall be deidentified and aggregated and shall not disclose any personally identifiable information.

(g)This section does not affect the establishment or enforcement of standards, requirements, or procedures, including procurement policies, applicable to any department, agency, commission, or political subdivision of the state, or to the employees, agents, or contractors of a department, agency, commission, or political subdivision of the state, relating to the protection of intellectual property.

(h)This section shall remain in effect only until January 1, 2022, and as of that date is repealed.