BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 911
                                                                  Page  1

          Date of Hearing:   April 29, 2013

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Steven Bradford, Chair
                     AB 911 (Bloom) - As Amended:  April 24, 2013
           
          SUBJECT  :   Telephone systems: 911

           SUMMARY  :   Establishes various requirements, beginning January  
          1, 2019, regarding 911 emergency call technology that would be  
          applicable to multiline telephone systems (MLTS), operators of  
          shared telecommunications services, and businesses with a MLTS.   
          Specifically,  this bill  :  

          1)Requires a MLTS operator in an area that has enhanced 911  
            capability, beginning January 1, 2019, 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 (PSAP) and provides either  
            automatic location information or automation number  
            identification to the 911 network that connects to a PSAP.

          2)Provides exemptions for buildings or structures under 7,000  
            square feet or where enhanced 911 service is not available.

          3)Authorizes the assessment of civil penalties against a MLTS  
            provider that violates these requirements.

           EXISTING LAW  :

          1)States 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 PSAP through normal telephone service  
            facilities.  

          2)Prohibits the Public Safety Communications Division in the  
            Department of Technology from delaying the implementation of  
            the enhanced "911" emergency telephone system, as provided.

          3)States that  A person commits a public offense if the person  
            knowingly and maliciously interrupts, disrupts, impedes, or  
            otherwise interferes with the transmission of a communication  
            over an amateur or a citizen's band radio frequency, the  
            purpose of which








                                                                  AB 911
                                                                  Page  2

            communication is to inform or inquire about an emergency.  
            (Penal Code 653a(t))

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   According to the author, "current law tasks local  
          public safety organizations with administering 9-1-1 service for  
          emergency calls.  Most public safety organizations have  
          implemented "Enhanced 9-1-1" (E911) service, which identifies  
          the phone number and location from which a 9-1-1 call  
          originates.  However, there is currently no uniform requirement  
          that the information provided by the phone system making a 9-1-1  
          call conform to a certain standard.  While some multi-line  
          telephone systems (MLTS) users have configured their phone  
          systems to provide precise location data to a Public Safety  
          Answering Point (PSAP), many have not.
          E911 service can be extremely helpful to first responders in  
          situations where a caller is unable to provide his or her  
          location.  However, it is only useful if the phone system can  
          provide an accurate location to the PSAP.  In urban skyscrapers,  
          the physical address where the emergency occurred is of little  
          use without knowledge of which floor to go to.

          Additionally, in some cases where all calls in a large phone  
          system are routed through a central switchboard, the switchboard  
          is physically located far away from where a call originates, and  
          the PSAP may dispatch help to the switchboard's location while  
          the emergency is miles away. AB 911 would help resolve these  
          problems and shave critical minutes off emergency response times  
          that can mean the difference between life and death."

           1)What is a MLTS  :  A multi-line telephone system, or MLTS, is a  
            telephone system comprised
          of common control units, telephones, and controls providing  
          local telephone service to multiple end-users.  Multi-line  
          telephone system includes Voice over Internet Protocol (VoIP)  
          and includes network and premises based systems such as Centrex,  
          PBX, and hybrid key telephone systems, but does not include key  
          telephone systems.  Many businesses, government agencies,  
          hotels, and schools use these types of telephone systems.

           2)Enhanced "911" service  :  The digits 911 are designated as the  
            emergency telephone number.
          The ability to access emergency services by dialing 911 is a  
          vital component of public safety and emergency preparedness. It  








                                                                  AB 911
                                                                  Page  3

          is imperative that consumers of telephone service be able to  
          reach emergency services regardless of the technology used to  
          place a 911 call.  When a 911 call is placed from a traditional  
          telephone, the call in most cases is sent to a PSAP that is  
          responsible for helping people in a particular geographic area  
          or community. PSAP personnel often can automatically identify  
          your location and direct the closest emergency personnel to that  
          location. 
          Currently, over 240 million 911 calls are made annually to the  
          6187 public agencies serving as PSAPs nationwide.  In  
          California, over 480 PSAPs receive nearly 30 million calls  
          annually.  An increasing proportion of these calls are delivered  
          by wireless and internet technology (over 40 % last year).  

          Enhanced 911 (E911) is an enhanced version of the 911 emergency  
          service provided by the communications carrier which identifies  
          the phone number and location from which a 911 call originates.   
          E911 service can be helpful to first responders in situations  
          where a caller is unable to provide his or her location.  Thus,  
          it is only useful if the phone system can provide an accurate  
          location to the PSAP.  An example, in a large office building,  
          the physical address where the emergency occurred is of little  
          use without knowledge of which floor to go to.  In addition, in  
          some cases where all calls in a multiline phone system are  
          routed through a central switchboard (i.e. hospital), the  
          switchboard is physically located a significant distance from  
          where the call originates (i.e. medical clinic), and the PSAP  
          may dispatch help to the switchboard's location while the  
          emergency is miles away.  

           3)Federal and state efforts  : This bill requires MLTS operators  
            to equip the system with the
          ability - via automatic location information identification or  
          automatic number identification - to provide a PSAP with the  
          precise location from which the call originates.  Specifically,  
          the system must provide, at a minimum, the building and floor  
          where the caller is located.  The genesis of this bill evolved  
          in response to recent action by the National Emergency Number  
          Association (NENA).  NENA developed model legislation in  
          February 2011 to require MLTS's to provide a sufficiently  
          precise indication of the caller's location, while avoiding  
          imposition of undue burdens on system manufacturers, providers  
          and operators of MLTS.  

          One year prior to the adoption of the NENA model legislation,  








                                                                  AB 911
                                                                  Page  4

          the California Public Utilities Commission (PUC), in April 2010,  
          issued Rulemaking 10-04-011 with the objective of enhancing  
          Californians' public safety by addressing the California's E911  
          Private Branch Exchange (PBX)/MLTS public safety communication  
          gap.  The goals of this proceeding are to reduce, where  
          possible, the critical time an effort needed by emergency  
          response personnel to locate an injured or distressed 911 caller  
          located within an extensive workplace comprised of several  
          rooms, floors, etc., and to minimize the time and exposure of  
          first responders to any dangerous conditions.  

          The Proposed Decision directs the local exchange carriers to  
          take certain actions designed to raise customer awareness of the  
          critical E911 PBX/MLTS safety issue that affects many of  
          California's large businesses and other public facilities. The  
          Proposed Decision specifically directs the local exchange  
          carriers to 1) distribute a PBX 911 advisory brochure to current  
          and prospective customers when those customers initiate services  
          and/or request information on PBX/MLTS E911, 2) distribute a PBX  
          911 advisory brochure to existing businesses and PBX/MLTS  
          customers, and 3) provide links on their webpages to the PUC's  
          CalPhoneInfo website and specifically the PBX 911 advisory. A  
          final vote by the PUC on this Proposed Decision is expected  
          later this summer.

           4)Who is the MLTS operator  : For the purposes of this bill a MLTS  
            operator is the owner/lessee
          of the equipment.  The MLTS operator would be required beginning  
          January 1, 2019 - should this bill become enacted - to install  
          the software on their telephone system. The bill also specifies  
          that the MLTS operator is responsible for updating the automatic  
          location information database with appropriate address and call  
          back information as soon as practicable.  The automatic location  
          information database is maintained by the MLTS' communications  
          service provider.  Provisions in the bill require the MLTS  
          operator to annually audit accuracy of information contained in  
          the automatic location information database.  

           5)Compliance and enforcement  : Should this bill become law, an  
            entity who sells a MLTS
          should provide, at the time of sale, to the purchaser and to  
          each new user, either a demonstration of how to place an  
          emergency call from a telephone station or informs an individual  
          how to place an emergency call from the telephone system. A  
          seller of the MLTS system could be assessed a fine if found in  








                                                                  AB 911
                                                                  Page  5

          violation of this law.  It is not clear, however, what outreach  
          measures will be undertaken to inform existing customers with  
          telephone systems that they are required by law to install the  
          new software.  Who will enforce this new mandate?  Proponents of  
          this measure claim PSAPs will have the authority to enforce  
          action against businesses that do not comply with this mandate.   
          For instance, if an emergency situation occurs and first  
          responders arrive to wrong incorrect location because the MLTS  
          operator has not installed the software on the system, the PSAP  
          has the authority pursuant to existing law to inform the local  
          authorities of the violation which can be elevated to the State  
          District Attorney.

          E911 regulations have been in adopted in 12 other states,  
          including Virginia and Massachusetts which have been in effect  
          since July 1, 2009.   The regulations in Massachusetts permit  
          primary and regional PSAPs to require the operator of a MLTS to  
          conduct testing to confirm that the MLTS provides the same level  
          of enhanced 911 service that is provided to others in  
          Massachusetts.  The State 911 Department encourages PSAPs to  
          notify the State 911 Department of any discrepancies or  
          compliance issues so that the State 911 Department may work with  
          the PSAP and the MLTS operator to resolve the matter.  The MLTS  
          operator may seek a waiver from the State 911 Department.  The  
          State 911 Department may deny a request for a waiver, grant a  
          waiver upon a showing that compliance with the requirements of  
          the regulations is technologically infeasible or of excessive  
          cost without public benefit, or grant a waiver with such  
          conditions as are necessary to ensure the public safety.  

          6)Exemptions for single-family residential homes and small  
            businesses  :  The bill is not  
           applicable to residential customers. A MLTS serving multiple  
          buildings or structure with a combined total of 7,000 square  
          feet or less is not required to provide more than one emergency  
          response location.  Additionally the bill does not apply to a  
          MLTS serving a single building with less than 7,000 square feet  
          or less will not be required to provide more than one emergency  
          response location.   The author may wish to add a technical  
          amendment to clarify that a building with a combined total  
          workspace of 7,000 square feet or less is not required to  
          provide more than one emergency response location.

          7)Support  :  The bill sponsors, the California Chapter of the  
            National Emergency Number








                                                                  AB 911
                                                                  Page  6

          Association (CALNENA) supports the bill and its intent to create  
          a mechanism to ensure that accurate location information is  
          delivered to the 911 network allowing for the emergency call to  
          be delivered to the correct PSAP.  

          The Division of Ratepayer Advocates (DRA) writes in support of  
          the bill claiming that in the event of an emergency it is  
          critical that responders can geographically locate a caller that  
          may be unable to provide their location. In addition, DRA  
          believes AB 911 would improve public safety efforts by  
          establishing important requirements for enhanced 911 services.

           8)Opposition:   The California Association of Competitive  
            Telecommunications Companies  
           (CALTEL) writes in opposition to the bill unless it is amended  
          to modify important definitional terms to more closely align  
          with those included in "model" legislation which was  
          collaboratively developed by the NENA and a comprehensive  
          stakeholder group that included service providers, equipment  
          manufacturers and other emergency services representatives.  
          Recent amendments add definitional sectionals to the bill which  
          may address CALTEL's concerns.

           9)Technical and non-substantive amendments  : 

             a)   The bill references the term "shared telecommunications  
               services" that is not defined in the bill.   The author may  
               wish to consider an amendment to define shared  
               telecommunications as follows: Includes the provision of  
               telecommunications and information management services and  
               equipment within a user group located in discrete private  
               premises in building complexes, campuses, or high-rise  
               buildings, by a commercial shared services provider or by a  
               user association, through privately owned customer premises  
               equipment and associated data processing and information  
               management services, and includes the provision of  
               connections to the facilities of a local exchange and to  
               interexchange telecommunications companies  .  

              b)   The author may wish to consider an amendment to change  
               "telecommunication" to "voice communications" to assure the  
               bill pertains only to voice communication with the 911  
               PSAPs  .










                                                                  AB 911
                                                                  Page  7

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Chapter of the National Emergency Number Association  
          (CALNENA)
          California Fire Chiefs Association (CFCA)
          California Professional Firefighters (CPF)
          California State Sheriffs' Association (CSSA)
          Division of Ratepayer Advocates (DRA)

           Opposition 
           
          California Association of Competitive Telecommunications  
          Companies (CALTEL) (unless amended)

           
          Analysis Prepared by  :    DaVina Flemings / U. & C. / (916)  
          319-2083