[106th Congress Public Law 81]
[From the U.S. Government Printing Office]
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[DOCID: f:publ081.106]
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WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999
[[Page 113 STAT. 1286]]
Public Law 106-81
106th Congress
An Act
To <<NOTE: Oct. 26, 1999 - [S. 800]>> promote and enhance public
safety through use of 9-1-1 as the universal emergency assistance
number, further deployment of wireless 9-1-1 service, support of States
in upgrading 9-1-1 capabilities and related functions, encouragement of
construction and operation of seamless, ubiquitous, and reliable
networks for personal wireless services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of <<NOTE: Wireless Communications and Public Safety Act
of 1999.>> America in Congress assembled,
SECTION 1. <<NOTE: 47 USC 609 note.>> SHORT TITLE.
This Act may be cited as the ``Wireless Communications and Public
Safety Act of 1999''.
SEC. 2. <<NOTE: 47 USC 615 note.>> FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the establishment and maintenance of an end-to-end
communications infrastructure among members of the public,
emergency safety, fire service and law enforcement officials,
emergency dispatch providers, transportation officials, and
hospital emergency and trauma care facilities will reduce
response times for the delivery of emergency care, assist in
delivering appropriate care, and thereby prevent fatalities,
substantially reduce the severity and extent of injuries, reduce
time lost from work, and save thousands of lives and billions of
dollars in health care costs;
(2) the rapid, efficient deployment of emergency
telecommunications service requires statewide coordination of
the efforts of local public safety, fire service and law
enforcement officials, emergency dispatch providers, and
transportation officials; the establishment of sources of
adequate funding for carrier and public safety, fire service and
law enforcement agency technology development and deployment;
the coordination and integration of emergency communications
with traffic control and management systems and the designation
of 9-1-1 as the number to call in emergencies throughout the
Nation;
(3) emerging technologies can be a critical component of the
end-to-end communications infrastructure connecting the public
with emergency medical service providers and emergency dispatch
providers, public safety, fire service and law enforcement
officials, and hospital emergency and trauma care facilities, to
reduce emergency response times and provide appropriate care;
[[Page 113 STAT. 1287]]
(4) improved public safety remains an important public
health objective of Federal, State, and local governments and
substantially facilitates interstate and foreign commerce;
(5) emergency care systems, particularly in rural areas of
the Nation, will improve with the enabling of prompt
notification of emergency services when motor vehicle crashes
occur; and
(6) the construction and operation of seamless, ubiquitous,
and reliable wireless telecommunications systems promote public
safety and provide immediate and critical communications links
among members of the public; emergency medical service providers
and emergency dispatch providers; public safety, fire service
and law enforcement officials; transportation officials, and
hospital emergency and trauma care facilities.
(b) Purpose.--The purpose of this Act is to encourage and facilitate
the prompt deployment throughout the United States of a seamless,
ubiquitous, and reliable end-to-end infrastructure for communications,
including wireless communications, to meet the Nation's public safety
and other communications needs.
SEC. 3. UNIVERSAL EMERGENCY TELEPHONE NUMBER.
(a) Establishment of Universal Emergency Telephone Number.--Section
251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) is amended
by adding at the end the following new paragraph:
``(3) Universal emergency telephone number.--The Commission
and any agency or entity to which the Commission has delegated
authority under this subsection shall designate 9-1-1 as the
universal emergency telephone number within the United States
for reporting an emergency to appropriate authorities and
requesting assistance. The designation shall apply to both
wireline and wireless telephone service. In making the
designation, the Commission (and any such agency or entity)
shall provide appropriate transition periods for areas in which
9-1-1 is not in use as an emergency telephone number on the date
of enactment of the Wireless Communications and Public Safety
Act of 1999.''.
(b) Support.--The <<NOTE: 47 USC 615.>> Federal Communications
Commission shall encourage and support efforts by States to deploy
comprehensive end-to-end emergency communications infrastructure and
programs, based on coordinated statewide plans, including seamless,
ubiquitous, reliable wireless telecommunications networks and enhanced
wireless 9-1-1 service. In encouraging and supporting that deployment,
the Commission shall consult and cooperate with State and local
officials responsible for emergency services and public safety, the
telecommunications industry (specifically including the cellular and
other wireless telecommunications service providers), the motor vehicle
manufacturing industry, emergency medical service providers and
emergency dispatch providers, transportation officials, special 9-1-1
districts, public safety, fire service and law enforcement officials,
consumer groups, and hospital emergency and trauma care personnel
(including emergency physicians, trauma surgeons, and nurses). The
Commission shall encourage each State to develop and implement
coordinated statewide deployment plans, through an entity designated by
the governor, and to include representatives of the foregoing
organizations and entities in development and implementation of such
plans. Nothing in this subsection
[[Page 113 STAT. 1288]]
shall be construed to authorize or require the Commission to impose
obligations or costs on any person.
SEC. 4. PARITY <<NOTE: 47 USC 615a.>> OF PROTECTION FOR PROVISION
OR USE OF WIRELESS SERVICE.
(a) Provider Parity.--A wireless carrier, and its officers,
directors, employees, vendors, and agents, shall have immunity or other
protection from liability in a State of a scope and extent that is not
less than the scope and extent of immunity or other protection from
liability that any local exchange company, and its officers, directors,
employees, vendors, or agents, have under Federal and State law (whether
through statute, judicial decision, tariffs filed by such local exchange
company, or otherwise) applicable in such State, including in connection
with an act or omission involving the release to a PSAP, emergency
medical service provider or emergency dispatch provider, public safety,
fire service or law enforcement official, or hospital emergency or
trauma care facility of
subscriber information related to emergency calls or emergency services.
(b) User Parity.--A person using wireless 9-1-1 service shall have
immunity or other protection from liability of a scope and extent that
is not less than the scope and extent of immunity or other protection
from liability under applicable law in similar circumstances of a person
using 9-1-1 service that is not wireless.
(c) PSAP Parity.--In matters related to wireless 9-1-1
communications, a PSAP, and its employees, vendors, agents, and
authorizing government entity (if any) shall have immunity or other
protection from liability of a scope and extent that is not less than
the scope and extent of immunity or other protection from liability
under applicable law accorded to such PSAP, employees, vendors, agents,
and authorizing government entity, respectively, in matters related to
9-1-1 communications that are not wireless.
(d) Basis for Enactment.--This section is enacted as an exercise of
the enforcement power of the Congress under section 5 of the Fourteenth
Amendment to the Constitution and the power of the Congress to regulate
commerce with foreign nations, among the several States, and with Indian
tribes.
SEC. 5. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.
Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) in subsection (d)--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting a semicolon and ``and''; and
(C) by adding at the end the following:
``(4) to provide call location information concerning the
user of a commercial mobile service (as such term is defined in
section 332(d))--
``(A) to a public safety answering point, emergency
medical service provider or emergency dispatch provider,
public safety, fire service, or law enforcement
official, or hospital emergency or trauma care facility,
in order to respond to the user's call for emergency
services;
``(B) to inform the user's legal guardian or members
of the user's immediate family of the user's location in
an emergency situation that involves the risk of death
or serious physical harm; or
[[Page 113 STAT. 1289]]
``(C) to providers of information or database
management services solely for purposes of assisting in
the delivery of emergency services in response to an
emergency.''.
(2) by redesignating subsection (f) as subsection (h) and by
inserting the following after subsection (e):
``(f) Authority To Use Wireless Location Information.--For purposes
of subsection (c)(1), without the express prior authorization of the
customer, a customer shall not be considered to have approved the use or
disclosure of or access to--
``(1) call location information concerning the user of a
commercial mobile service (as such term is defined in section
332(d)), other than in accordance with subsection (d)(4); or
``(2) automatic crash notification information to any person
other than for use in the operation of an automatic crash
notification system.
``(g) Subscriber Listed and Unlisted Information for Emergency
Services.--Notwithstanding subsections (b), (c), and (d), a
telecommunications carrier that provides telephone exchange service
shall provide information described in subsection (i)(3)(A) (including
information pertaining to subscribers whose information is unlisted or
unpublished) that is in its possession or control (including information
pertaining to subscribers of other carriers) on a timely and unbundled
basis, under nondiscriminatory and reasonable rates, terms, and
conditions to providers of emergency services, and providers of
emergency support services, solely for purposes of delivering or
assisting in the delivery of emergency services.'';
(3) by inserting ``location,'' after ``destination,'' in
subsection (h)(1)(A) (as redesignated by paragraph (2)); and
(4) by adding at the end of subsection (h) (as
redesignated), the following:
``(4) Public safety answering point.--The term `public
safety answering point' means a facility that has been
designated to receive emergency calls and route them to
emergency service personnel.
``(5) Emergency services.--The term `emergency services'
means 9-1-1 emergency services and emergency notification
services.
``(6) Emergency notification services.--The term `emergency
notification services' means services that notify the public of
an emergency.
``(7) Emergency support services.--The term `emergency
support services' means information or data base management
services used in support of emergency services.''.
SEC. 6. <<NOTE: 47 USC 615b.>> DEFINITIONS.
As used in this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) State.--The term ``State'' means any of the several
States, the District of Columbia, or any territory or possession
of the United States.
(3) Public safety answering point; psap.--The term ``public
safety answering point'' or ``PSAP'' means a facility that has
been designated to receive 9-1-1 calls and route them to
emergency service personnel.
[[Page 113 STAT. 1290]]
(4) Wireless carrier.--The term ``wireless carrier'' means a
provider of commercial mobile services or any other radio
communications service that the Federal Communications
Commission requires to provide wireless 9-1-1 service.
(5) Enhanced wireless 9-1-1 service.--The term ``enhanced
wireless 9-1-1 service'' means any enhanced 9-1-1 service so
designated by the Federal Communications Commission in the
proceeding entitled ``Revision of the Commission's Rules to
Ensure Compatibility with Enhanced 9-1-1 Emergency Calling
Systems'' (CC Docket No. 94-102; RM-8143), or any successor
proceeding.
(6) Wireless 9-1-1 service.--The term ``wireless 9-1-1
service'' means any 9-1-1 service provided by a wireless
carrier, including enhanced wireless 9-1-1 service.
(7) Emergency dispatch providers.--The term ``emergency
dispatch providers'' shall include governmental and
nongovernmental providers of emergency dispatch services.
Approved October 26, 1999.
LEGISLATIVE HISTORY--S. 800 (H.R. 438):
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HOUSE REPORTS: No. 106-25 accompanying H.R. 438 (Comm. on Commerce).
SENATE REPORTS: No. 106-138 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Aug. 5, considered and passed Senate.
Oct. 12, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Oct. 26, Presidential statement.
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