Amended in Assembly May 29, 2013

Amended in Assembly May 8, 2013

Amended in Assembly April 24, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 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, establish various requirements regarding 911 emergency call technology that would be applicable to multiline telephone systems (MLTS) begin delete , providers of shared voice communications services, as defined, end delete and businesses with MLTS. The bill would require an MLTS operator, as defined, in an area that has enhanced 911 capability to maintain and operate the MLTS, as specified, to ensure that each emergency call placed from any telephone station on the MLTS is routed to a public safety answering point and provides either automatic location information or automation number identification to the 911 network that connects to the public safety answering point. The bill would provide exemptions for buildings or structures under 7,000 square feet of workspace or begin insert MLTS operators in areas end insert where enhanced 911 service is not available. The bill would authorize the assessment of civil penalties against an entity that sells begin insert or leases end insert an MLTS system in violation of these requirements.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated 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) There are gaps in public safety protection and accurate caller
location information is vital for 911 emergency calls and the safety
of Californians. Problem calls originate from large hospitals, public
schools, large businesses, large chain stores, local government
offices, and assisted living facilities.

(b) Problems with the current 911 systems include: (1)
misrouting a call to an entirely wrong public safety answering
point (PSAP), sometimes in a different city or region; (2) delivery
of wrong or inaccurate caller location information to the proper
PSAP.

(c) Enhancements to the 911 system typically enable the caller’s
telephone number and service address to be displayed to the PSAP.
As a result, when the caller is calling from a single-line telephone
or a multiline telephone system (MLTS) serving a compact area,
the address associated with the caller’s telephone number can be
retrieved and usually provides a reasonably precise identification
of the caller’s location.

(d) Public safety agencies increasingly rely on the enhanced
911 system to provide dependable and precise information about
the caller’s location and a reliable number to call back in order to
reach the caller. However, in some cases 911 emergency calls
made from telephones connected to an MLTS may not be precisely
located by the 911 system, eliminating some of the benefits of
enhanced 911. This lack of adequate location information can be
life threatening if the caller cannot supply the correct location.

(e) Related problems occur when the caller is remote from the
location supplied to the 911 system. In this instance not only is
response delayed but limited public safety resources are dispatched
where they are not needed. There may also be considerable
disruption in business operations as the response units attempt to
locate the caller.

(f) This act will address the issue of MLTS regarding the
installation of equipment and software necessary to provide specific
location information for a 911 emergency call.

SEC. 2.  

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

53121.  

(a) A multiline telephone system (MLTS) operator
shall 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 public begin delete switch end delete begin insert switched end insert telephone network from any
telephone on the MLTS is routed to a public safety answering point
(PSAP) and provides automatic location information or automatic
number identification to the 911 network that connects to the
PSAP.

(b) Enhanced 911 MLTS support service is deemed to be
available if all of the following features are operating:

(1) The PSAP can accept emergency location identification
number information from the MLTS using generally accepted
industry standard interfaces.

(2) The PSAP has customer premise equipment in place to
accept and store the emergency response begin delete locations end delete begin insert location end insert
information provided by the MLTS.

(3) The PSAP is equipped to utilize the emergency response
begin delete locations end delete begin insert location end insert information.

(c) For an MLTS serving business locations, the MLTS operator
shall begin insert program the MLTS equipment to end insert deliver the 911 call with an
emergency location identification number which will result in
either of the following:

(1) An emergency response location which provides a minimum
of the building and floor location of the caller.

(2) An ability to direct response through an alternate and
adequate means of signaling by the establishments of a private
answering point.

(d)  begin insert (1) end insert begin insert   end insert An entity that begin delete sells end delete begin insert is the seller or lessor of end insert an MLTS
system shall provide, at the time of sale begin insert or lease end insert , to the purchaser
begin insert or lessee end insert and to each new user, either a demonstration of how to
place an emergency call from a telephone station or provide written
instructions at each telephone station begin delete that informs an individual
how to place an emergency call from the telephone station end delete begin insert on how
to do so end insert .

begin insert

(2) An MLTS operator shall either provide each new user of the
MLTS with a demonstration of how to place an emergency call
from a telephone station or provide written instructions at each
station on how to do so.

end insert

(e) (1) Where applicable, an MLTS operator shall arrange to
update the automatic location information database with
appropriate master street address guide 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 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 federal and state
privacy and confidentiality laws.

(2) The MLTS operator shall begin delete audit end delete begin insert review and verify the end insert
accuracy of begin insert the number and location end insert information begin delete contained in the
automatic location information database end delete begin insert provided by the MLTS end insert at
least once annually.

(f)  An MLTS operator shall be considered to be in compliance
with this section when the MLTS complies with begin delete the enhanced 911
system generally accepted industry standards as adopted by the end delete
begin insert applicable end insert Federal Communications Commission begin insert rules and orders
regarding enhanced 911 systems end insert . begin delete The telecommunication local
exchange carriers and Internet service providers are responsible
for providing interconnectivity through the use of generally
accepted industry standards. end delete

begin delete

(g) Providers of shared voice communications services shall
ensure that the MLTS is connected to the public switch network
such that 911 calls from any telephone result in automatic location
information for each emergency response location.

(h)

end delete

begin insert (g) end insert  A business providing temporary structures or facilities,
regardless of size, with an MLTS shall permit the dialing of 911
and the MLTS operator shall ensure that the MLTS is connected
to the public switched telephone network. 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.

begin delete

(i)

end delete

begin insert (h) end insert  (1) An MLTS operator, 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.

(2) A begin insert telecommunications end insert voice begin delete communications end delete service
provider, its begin insert affiliates, directors, officers, end insert 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.

begin delete

(j)

end delete

begin insert (i) end insert  An MLTS serving multiple buildings or structures with a
combined total workspace of 7,000 square feet or less shall not be
required to provide more than one emergency response location.
An MLTS serving a single building with 7,000 square feet of
workspace or less shall not be required to provide more than one
emergency response location. In the event of a dispute over the
total amount of square footage, the State Fire Marshal shall
determine whether the exemption applies to the building or
structures.

begin delete

(k)

end delete

begin insert (j) end insert  Key Telephone Systems, which serve only small workspace
areas, are not required to comply with this section. Other MLTS,
such as PBX or Hybrids (systems that incorporate the functionality
of both Key Telephone Systems and PBX), shall comply with this
section.

begin delete

(l)

end delete

begin insert (k) end insert  This section shall not apply to MLTS operators in areas
without enhanced 911 service.

begin delete

(m)

end delete

begin insert (l) end insert  An entity that begin delete sells end delete begin insert is a seller or lessor of end insert an MLTS system
in violation of this section after January 1, 2019, may be assessed
a fine from five hundred dollars ($500) to five thousand dollars
($5,000) per system sold begin insert or leased end insert .

begin delete

(n)

end delete

begin insert (m) end insert  For purposes of this section, “MLTS operator” means the
entity begin delete responsible for ensuring that a 911 emergency call placed
from an MLTS is transmitted and received in accordance with this
section, regardless of the type of MLTS technology used to
generate the call. end delete begin insert that purchases, leases, or otherwise contracts
for the entity’s use of the MLTS equipment end insert begin insert . end insert

begin delete

(o)

end delete

begin insert (n) end insert  For purposes of this section, begin delete “shared voice communications
services” means providing telecommunications services and
equipment within a user group, including providing connections
to the facilities of a local exchange and to interexchange
telecommunications companies end delete begin insert “emergency response location”
means a location that provides, at a minimum, the location of the
building and floor number of the caller to which a 911 emergency
response team may be dispatched end insert .

begin delete

(p)

end delete

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