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AB-911 Telephone systems: 911.(2013-2014)

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AB911:v92#DOCUMENT

Amended  IN  Senate  August 13, 2013
Amended  IN  Senate  July 10, 2013
Amended  IN  Senate  June 25, 2013
Amended  IN  Assembly  May 29, 2013
Amended  IN  Assembly  May 08, 2013
Amended  IN  Assembly  April 24, 2013
Amended  IN  Assembly  March 21, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 911

Introduced by Assembly Member Bloom

February 22, 2013

An act to add Section 53121 to the Government Code, relating to telephone systems.


LEGISLATIVE COUNSEL'S DIGEST


AB 911, as amended, Bloom. Telephone systems: 911.
The Warren-911-Emergency Assistance Act requires every local public agency to establish and operate a telephone system that automatically connects a person dialing “911” to an established public safety answering point through normal telephone service facilities. Existing law prohibits the Public Safety Communications Division in the Department of Technology from delaying the implementation of the enhanced “911” emergency telephone system, as provided.
This bill would, commencing January 1, 2019, 2016, would establish various requirements regarding 911 emergency call technology that would be applicable to operators of multiline telephone systems (MLTS). The bill would require an MLTS operator, as defined, to maintain program, maintain, and operate the MLTS, as specified, to ensure that each emergency call placed from any telephone station on the MLTS is routed to the appropriate public safety answering point or private emergency answering point and provides either automatic location information or information, automation number identification, or emergency response location to the 911 network that connects to the public safety answering point or private emergency answering point. The bill would provide an exemption for a multiline telephone system serving a building or structure with less than 7,000 square feet of workspace. The bill would authorize the assessment of civil penalties by the division against an MLTS operator or an entity that sells or leases an MLTS system in violation of these requirements.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Public safety is threatened when 911 calls placed to public safety dispatchers from telephone systems serving multiple stations in large buildings or complexes do not identify the precise location of the caller.
(b) The enhanced 911 system widely deployed today enables a caller’s telephone number and service address to be displayed to the public safety dispatcher who receives the 911 call. Public safety agencies increasingly rely on this enhanced 911 system to provide dependable and precise information about a caller’s location and a reliable number to call back in order to reach the person who called for emergency assistance.
(c) Even with the enhanced 911 system, however, emergency calls may not provide precise caller location when made from one station of a multiline telephone system commonly used in large hospitals, public schools, government offices, assisted living facilities, businesses, and chain stores. This lack of precise location information can be life threatening if the person making the emergency call cannot supply the correct location to the dispatcher.
(d) Emergency calls from a large building or campus with a multiline telephone system also can be routed to the wrong public safety dispatch office, sometimes in a different city or region.
(e) These limitations of multiline telephone systems not only delay emergency response time, but also cause limited public safety resources to be dispatched where they are not needed and disrupt business operations as response units attempt to locate the caller.
(f) This act will enhance public safety through requirements to ensure that 911 emergency calls made from individual stations of multiline telephone systems provide specific location information of the caller.

SEC. 2.

 Section 53121 is added to the Government Code, to read:

53121.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Automatic location identification (ALI)” means the automatic display at the PSAP of a caller’s telephone number, address, or location of the telephone, and supplementary emergency services information.
(2) “Automatic number identification (ANI)” means the automatic display at the PSAP of the telephone number associated with the access line from which a 911 call originates.
(3) “Centrex” means a business telephone service offered by some local exchange carriers that provides PBX-type features over access lines.

(4)“Emergency location identification number (ELIN)” means a valid North American numbering plan format telephone number (assigned to the MLTS operator by the appropriate authority), that is used to route the call to a PSAP and used to retrieve the ALI for the PSAP. The ELIN may be the same number as the ANI. In some cases, the number may not be a dialable number.

(5)

(4) “Emergency response location (ERL)” means a location that provides a minimum of the building and floor location of the caller to which a 911 emergency response team may be dispatched.

(6)

(5) “Master street address guide (MSAG)” means a database of street names and house number ranges within their associated communities defining emergency service zones and their associated emergency service numbers to enable proper routing of 911 calls.

(7)

(6) “Multiline telephone system (MLTS)” means a system comprised of a common control unit or units, telephone sets, and control hardware and software. This includes, but is not limited to, network and premises based network- and premises-based systems, such as Centrex and PBX, Hybrid, and Key Centrex, VoIP, PBX, and Hybrid Telephone Systems.

(8)

(7) “MLTS operator” means the entity that purchases, leases, or otherwise contracts for the entity’s use of the MLTS and therefore is responsible for ensuring that a 911 emergency call placed from an MLTS is transmitted in accordance with this section, regardless of the type of MLTS technology used to generate the call. “MLTS operator” does not include an entity that only provides connection to a PTN.

(9)

(8) “Private emergency answering point (PEAP)” means an answering point operated by nonpublic safety entities with alternative and adequate means of signaling and directing a response to emergencies.

(10)

(9) “Private branch exchange (PBX)” means a private telephone switch that is connected to the public switched telephone network or successor network.

(11)

(10) “Public switched telephone network (PSTN)” (PTN)” means the public switched telephone network of equipment, lines, and controls assembled to establish communication paths between calling and called parties in North America and any successor network that provides the ability to route or transmit a 911 call to a PSAP.

(12)

(11) “Public safety answering point (PSAP)” means a facility equipped and staffed to receive 911 calls.

(13)

(12) “Workspace” means the physical building area where work is normally performed. This is a net square footage measurement that includes hallways, conference rooms, restrooms, and breakrooms, but does not include wall thickness, shafts, heating, ventilating, or air-conditioning equipment spaces, mechanical electrical spaces, or similar areas where employees do not normally perform work activities.
(b) (1) A multiline telephone system (MLTS) operator shall maintain program, maintain, and operate the MLTS in such a manner that a telephone call made by dialing the digits “911” and, if applicable, any additional digit that must be dialed in order to permit the user to access the PSTN PTN from any telephone on the MLTS is routed to the appropriate PSAP and provides ALI or ANI to the 911 network that connects to the PSAP. PSAP or PEAP and provides ANI, and either ALI or ERL, to the PSAP or PEAP.
(2) MLTS operators serving hotels, motels, or residential customers in noncommercial buildings, such as apartments and condominiums, shall ensure that the MLTS is connected to the PTN, so that calls to 911 result in one distinctive ANI and one distinctive ALI for each residential or living unit.
(3) MLTS operators serving shared business services to a business or public entity shall ensure that the MLTS connects to the PTN so that calls to 911 from a telephone result in one ALI for each ERL of each entity sharing service.

(c)An MLTS operator shall program the MLTS equipment to transmit with any 911 call the ELIN and emergency response location of the caller either directly to the PSAP or PEAP.

(d)

(c) (1) An entity that is the seller or lessor of an MLTS system shall provide, at the time of sale or lease, to the purchaser or lessee either a demonstration of, or written instructions as to, how to place an emergency call from a telephone station.
(2) An MLTS operator shall provide each new user of the MLTS with either a demonstration of, or written instructions at each station as to, how to place an emergency call from a telephone station.

(e)

(d) (1) An MLTS operator shall arrange to update the ALI database, or a functionally equivalent database, with appropriate MSAG or an appropriate equivalent valid address and callback information for each MLTS telephone, such that the location information specifies the emergency response location of the caller. These updates shall be downloaded or made available to the automatic location information database provider as soon as practicable for a new MLTS installation, or within one business day of the record of completion of the actual changes for previously installed systems. The information is subject to all applicable federal and state privacy and confidentiality laws.
(2) The MLTS operator shall review and verify the accuracy of the number and location information provided by the MLTS at least once annually.

(f)Applicable Federal Communications Commission rules and orders regarding enhanced 911 systems shall take precedence over any provision contained in this section.

(e) To the extent that any provision of this section conflicts with the requirements of federal law, the requirements of federal law shall prevail.

(g)

(f) The MLTS operator that provides voice communication MLTS services to temporary structures or facilities, regardless of the size of the temporary structure or facility, shall ensure that the MLTS is connected to the PSTN PTN. Where automatic location information records are not provided for each individual station, the MLTS operator of the temporary structure or facility shall provide specific location information of the caller to the PSAP.

(h)

(g) (1) An MLTS operator, service provider, its employees, or its agents shall not be liable to any person for damages incurred as the result of any act or omission by it, except for gross negligence or intentional, willful, or wanton misconduct, in connection with maintaining or operating the MLTS in a manner required by this section. This section does not affect or modify the existing limitation of liability set forth in Section 1714.55 of the Civil Code.
(2) A voice local exchange carrier, VoIP service provider, or IP service provider, or its affiliates, directors, officers, employees, or agents shall not be liable to any person for damages incurred as the result of the release of information not in the public record, including, but not limited to, unpublished or unlisted telephone numbers, to a PSAP, its employees or agents, or to emergency responders, made in connection with an emergency call.

(i)(1)

(h) This section shall not apply to an MLTS serving a building or multiple buildings or structures with a combined total workspace of 7,000 square feet or less . less. In the event of a dispute, the State Fire Marshal shall determine the square footage of a workspace.

(2)This exemption does not apply to temporary structures or facilities with MLTS.

(j)An MLTS operator or an entity that is a seller or lessor of an MLTS system in violation of this section after January 1, 2019, may be assessed a civil fine from five hundred dollars ($500) to five thousand dollars ($5,000) per system sold or leased. The division shall be responsible for the enforcement of this subdivision.

(k)

(i) The provisions of this section shall become operative on January 1, 2019 2016. In areas where enhanced 911 service first becomes available after January 1, 2019 2016, MLTS providers shall have 12 months from the date enhanced 911 service became available to comply with these provisions.