Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-1699 Telecommunications: mobile internet service providers: public safety customer accounts: states of emergency.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/22/2019 09:00 PM
AB1699:v98#DOCUMENT

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.
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 telecommunications mobile internet service provider from throttling or otherwise failing to provide adequate or necessary telecommunications service to impairing or degrading the lawful internet traffic of its public safety customer accounts accounts, subject to reasonable network management, during a state of emergency.
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. 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.

SECTION 1.SEC. 2.

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

2898.
 A telecommunications Notwithstanding any other provision of this part, a mobile internet service provider as defined in Section 3100 of the Civil Code shall not throttle or otherwise fail to provide adequate or necessary telecommunications service to impair or degrade the lawful internet traffic of its public safety customer accounts accounts, 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.