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AB-1699 Telecommunications: mobile internet service providers: first response agencies: emergencies.(2019-2020)

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Date Published: 06/24/2019 09:00 PM
AB1699:v97#DOCUMENT

Amended  IN  Senate  June 24, 2019
Amended  IN  Assembly  April 22, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1699


Introduced by Assembly Member Levine

February 22, 2019


An act to add Section 2898 to the Public Utilities Code, relating to telecommunications.


LEGISLATIVE COUNSEL'S DIGEST


AB 1699, as amended, Levine. Telecommunications: mobile internet service providers: public safety customer accounts: states of emergency. first response agencies: emergencies.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to identify the need for telecommunications service systems not on customers’ premises to have backup electricity to enable telecommunications networks to function, and to enable customers to contact a public safety answering point operator during an electrical outage, to determine performance criteria for backup systems, and to determine whether specified best practices for backup systems have been implemented by telecommunications service providers operating in California.
Existing law prohibits a mobile internet service provider from engaging in specified actions concerning the treatment of internet traffic, including, among other things, blocking lawful content, applications, services, or nonharmful devices, and impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device, subject to reasonable network management.
This bill would prohibit a mobile internet service provider from impairing or degrading degrading, for at least 48 hours, the lawful internet traffic of its public safety customer accounts, subject to reasonable network management, during a state of emergency. first response agencies that the Director of Emergency Services, or the director’s designee, identifies as those agencies which would respond to a situation that is likely to lead to an emergency, as specified. The bill would prohibit a mobile internet service provider from impairing or degrading that traffic for those agencies during an emergency until the emergency is terminated, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares that this act is adopted pursuant to the police power granted to the State of California under the United States Constitution and cannot be preempted by the Federal Communications Commission. California. This act is adopted to protect and promote the safety, life, public health, public convenience, general prosperity, and well-being of society, and the welfare of the state’s population and economy. This act ensures police and emergency services personnel have access to all of the resources necessary for them to operate effectively during a state of emergency.

SEC. 2.

 Section 2898 is added to the Public Utilities Code, to read:

2898.
 (a) (1) Notwithstanding any other provision of this part, upon receiving notice pursuant to subdivision (b), a mobile internet service provider as defined in Section 3100 of the Civil Code shall not impair or degrade the lawful internet traffic of its public safety customer accounts, first response agencies identified pursuant to subdivision (b) for at least 48 hours, subject to reasonable network management as defined in Section 3100 of the Civil Code, during a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make such a declaration in any city, county, or city and county. management.
(2) Notwithstanding any other provision of this part, upon receiving notice pursuant to subdivision (c), a mobile internet service provider shall not impair or degrade the lawful internet traffic of first response agencies identified pursuant to subdivision (c) until the emergency is terminated, subject to reasonable network management.
(b) Upon identifying a situation that is likely to lead to an emergency, the Director of Emergency Services, or the director’s designee, may identify the first response agencies that would respond to that situation. The director shall notify any relevant mobile internet service providers of those first response agencies the director or designee identifies that would respond to the situation.
(c) Upon a responsible local official, or a responsible local official’s designee, informing the Office of Emergency Services of an emergency and of the first response agencies that would respond to that emergency, the Office of Emergency Services shall do both of the following:
(1) Notify any relevant mobile internet service providers of the emergency and of those first response agencies that would respond to that emergency.
(2) Provide any relevant mobile internet service providers with an appropriate point of contact who may provide the relevant mobile internet service providers with updates relating to the emergency and relating to the first response agencies that would respond to that emergency.
(d) For purposes of this section, the following definitions apply:
(1) “Emergency” means a state of emergency or a local emergency.
(2) “First response agencies” has the same meaning as defined in Section 8592.1 of the Government Code.
(3) “Local emergency” means the duly proclaimed, pursuant to Section 8630 of the Government Code, existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions, such as fire, flood, storm, riot, cyberterrorism, sudden and severe energy shortage, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, that are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or, with respect to regulated energy utilities, a sudden and severe energy shortage that requires extraordinary measures beyond the authority vested in the commission.
(4) “Mobile internet service provider” has the same meaning as defined in Section 3100 of the Civil Code.
(5) “Reasonable network management” has the same meaning as defined in Section 3100 of the Civil Code.
(6) “Responsible local official” means a responsible local official described in Section 8618 of the Government Code.
(7) “State of emergency” has the same meaning as defined in Section 8558 of the Government Code.