BILL NUMBER: SB 1160	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 5, 2012
	AMENDED IN ASSEMBLY  JUNE 19, 2012
	AMENDED IN SENATE  MAY 15, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Padilla

                        FEBRUARY 22, 2012

   An act to amend Section 7904 of, and to repeal and add Section
7907 of, the Public Utilities Code, relating to communications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1160, as amended, Padilla. Communications: service
interruptions.
   Existing law provides that an agent, operator, or employee of a
telegraph or telephone office who willfully refuses or neglects to
send a message received by the office is guilty of a misdemeanor.
Existing law provides that these requirements are not applicable when
charges for transmittal or delivery of the message have not been
paid or tendered, for messages counseling, aiding, abetting, or
encouraging treason or resistance to lawful authority, to a message
calculated to further any fraudulent plan or purpose, to a message
instigating or encouraging the perpetration of any unlawful act, or
to a message facilitating the escape of any criminal or person
accused of crime.
   This bill would retain the provision that the above-described
requirements are not applicable when payment for charges for
transmittal or delivery of the message has not been paid or tendered,
but would delete the other enumerated exceptions.
   Existing law provides that where a law enforcement official has
probable cause to believe that a person is holding hostages and is
committing a crime, or is barricaded and is resisting apprehension
through the use or threatened use of force, the official may order a
previously designated telephone corporation security employee to
arrange to cut, reroute, or divert telephone lines, as specified.
   This bill would repeal this provision.
   This bill would prohibit a governmental entity, as defined, and a
provider of communications service, as defined, acting at the request
of a governmental entity, from undertaking to interrupt
communications service, as defined, for the purpose of protecting
public safety or preventing the use of communications service for an
illegal purpose, except pursuant to an order signed by a judicial
officer, as defined, that makes specified findings. The bill would
require the order to clearly describe the specific service to be
interrupted with sufficient detail as to customer, cell sector,
central office, or geographical area affected, be narrowly tailored
to the specific circumstances under which the order is made, and
would require that the order not interfere with more communication
than is necessary to achieve the purposes of the order. The bill
would allow the order to authorize an interruption of service only
for as long as is reasonably necessary, require that the interruption
cease  immediately  once the danger that justified
the interruption is abated  or an application for court order
has been denied, and require that the communications service
provider be notified in writing to cease the interruption 
 ,   and require the order to specify a process to
immediately serve notice on the communication service provider to
cease the interruption  . The bill would provide that a good
faith reliance upon an order of a judicial officer, or a signed
statement of intent to apply for a court order, as prescribed,
constitutes a complete defense for any communications services
provider  served with an order that meets the above
requirements  against any action brought as a result of the
interruption to communications service as directed by that order 
or statement  .
   The bill would also find and declare that  it is a matter
of statewide concern to ensure   ensuring  that
California users of any communications service not have this service
interrupted and thereby be deprived of a means to connect with the
state's 911 emergency services or be deprived of a means to engage in
constitutionally protected expression  , is a matter of
statewide concern, and not a municipal affair, as provided  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7904 of the Public Utilities Code is amended to
read:
   7904.  Every agent, operator, or employee of any telegraph or
telephone office, who willfully refuses or neglects to send any
message received at the office for transmission, or willfully
postpones the transmission of the message out of its order, or
willfully refuses or neglects to deliver any message received by
telegraph or telephone, is guilty of a misdemeanor. Nothing in this
section shall be construed to require any message to be received,
transmitted, or delivered, unless the charges thereon have been paid
or tendered.
  SEC. 2.  Section 7907 of the Public Utilities Code is repealed.
  SEC. 3.  Section 7907 is added to the Public Utilities Code, to
read:
   7907.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Communications service" means any communications service that
interconnects with the public switched telephone network and is
required by the Federal Communications Commission to provide
customers with 911 access to emergency services.
   (2) "Governmental entity" means every local government, including
a city, county, city and county, a transit, joint powers, special, or
other district, the state, and every agency, department, commission,
board, bureau, or other political subdivision of the state.
   (3) "Interrupt communications service" means to knowingly or
intentionally suspend, disconnect, interrupt, or disrupt
communications service to one or more particular customers or all
customers in a geographical area. "Interrupt communications service"
does not include any interruption of service pursuant to a customer
service agreement, a contract, a tariff, a provider's internal
practices to protect the security of its networks, Section 2876,
5322, or 5371.6 of this code, Section 149 or 7099.10 of the Business
and Professions Code, or subdivision (d) of Section 4576 of the Penal
Code.
   (4) "Judicial officer" means a magistrate, judge, justice,
commissioner, referee, or any person appointed by a court to serve in
one of these capacities, of any state or federal court located in
this state.
   (b) (1) No governmental entity and no provider of communications
service, or any agent  thereof   of a
governmental entity  , acting at the request of a governmental
entity, shall interrupt communications service for the purpose of
protecting public safety or preventing the use of communications
service for an illegal purpose, except pursuant to an order signed by
a judicial officer that includes all of the following findings:
   (A) That probable cause exists that the service is being or will
be used for an unlawful purpose or to assist in a violation of the
law.
   (B) That absent immediate and summary action to interrupt
communications service, serious, direct, immediate, and irreparable
danger to public safety will result.
   (C) That interruption of communications service will not suppress
speech that is protected by the First Amendment to the United States
Constitution or Section 2 of Article I of the California
Constitution, or violate any other rights under federal or state law.

   (2) The order shall clearly describe the specific 
communications  service to be interrupted with sufficient detail
as to customer, cell sector, central office, or geographical area
affected, shall be narrowly tailored to the specific circumstances
under which the order is made, and shall not interfere with more
communication than is necessary to achieve the purposes of the order.

   (3) The order shall authorize an interruption of service only for
as long as is reasonably necessary and shall require that the
interruption cease  immediately  once the danger
that justified the interruption is abated  or an application
for court order has been denied, and that the communications service
provider be notified in writing to cease the interruption 
 and shall specify a process to immediately serve notice on 
 the communications service provider to cease the interruption
 .
   (c) An order to interrupt  communications  service  ,
  or a signed statement of intent provided pursuant to
subdivision (d),  that falls within the federal Emergency
Wireless Protocol shall be served on the California Emergency
Management Agency. All other orders to interrupt  communications
 service  or statements of intent  shall be served on
the communications service provider's contact for receiving requests
from law enforcement, including receipt of and responding to state or
federal warrants, orders, or  subpoena  
subpoenas  .
   (d)  Nothing in this   This  section
 curtails   does not curtail  a
governmental entity from reliance on judicially recognized exceptions
to the prohibition on prior restraints on speech. If a governmental
entity determines that  it must rely on a judicially recognized
exception becau   se  the circumstances justify an
interruption of communications service without first obtaining an
order as required by this section, the governmental entity shall do
all of the following:
   (1) Apply for a court order without delay, and in no event, later
than one hour after an interruption of communications service.
   (2) Provide the provider of communications service involved in the
service interruption a statement of intent to apply for a court
order signed by an authorized official of the governmental entity.
 The statement of intent shall clearly describe the specific
communications service to be interrupted with sufficient detail as to
the customer, cell sector, central office, or geographical area
affected. 
   (3) Provide  public   conspicuous 
notice of the application for a court order authorizing the 
communications  service interruption  on its Internet Web
site without delay, unless the circumstances that justify an
interruption of communications services without first obtaining a
court order justify not providing the notice  .
   (e) A provider of communications service that intentionally
interrupts communications service pursuant to subdivision (b) shall
comply with any rule or notification requirement of the commission or
Federal Communications Commission, or both, and any other applicable
provision or requirement of state or federal law. 
   (f) Good faith reliance upon an order of a judicial officer
authorizing the interruption of communications service pursuant to
subdivision (b), or upon a signed statement of intent to apply for a
court order pursuant to subdivision (d), shall constitute a complete
defense for any communications service provider served with an order
that meets the requirements of that subdivision against any action
brought as a result of the interruption to communications service as
directed by that order.  
   (f) Good faith reliance by a communications service provider upon
an order of a judicial officer authorizing the interruption of
communications services pursuant to subdivision (b), or upon a signed
statement of intent to apply for a court order that the government
asserts meets the requirements of subdivision (d), shall constitute a
complete defense for any communications service provider against any
action brought as a result of the interruption of communications
service as directed by that order or statement. 
   (g) The Legislature finds and declares that  it is a
matter of statewide concern to ensure that   ensuring
that  California users of any communications service not have
that service interrupted, and thereby be deprived of 911 access to
emergency services or a means to engage in constitutionally protected
expression  , is a matter of statewide concern and not a
municipal affair, as that   term is used in Section 5 of
Article XI of the California Constitution  .