BILL ANALYSIS � 1
SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
ALEX PADILLA, CHAIR
AB 911 - Bloom Hearing Date:
July 2, 2013 A
As Amended: June 25, 2013 FISCAL B
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DESCRIPTION
Current law requires every local public agency to establish and
operate an emergency telephone system that automatically
connects a person dialing 911 to an established public safety
answering point (PSAP) that dispatches emergency responders
(Section 53109 of the Government Code).
This bill requires a multiline telephone service (MLTS) operator
in areas where enhanced 911 is available to ensure that a 911
call made from any telephone station is routed to the
appropriate PSAP with automatic number and location information
specific to at least the building and floor location of the
caller.
This bill requires the seller or lessor of a MLTS to provide at
the time of sale or lease to the purchaser or lessee, and
requires a MLTS operator to provide to each new user, either a
demonstration or written instructions on how to place an
emergency call from a MLTS telephone.
This bill requires a MLTS operator to keep the telephone
system's number and location information updated as quickly as
practicable for a new MLTS installation or within one business
day of completion of changes to existing systems, and to
annually verify the accuracy of number and location data.
This bill does not apply to a MLTS serving a building or complex
with workspace of 7,000 square feet or less, but does apply to a
MLTS in a temporary structure.
This bill makes these requirements effective January 1, 2019,
where enhanced 911 is available, or within 12 months after
enhanced 911 becomes available, and makes a sellor or lessor of
a MLTS system in violation of these requirements after 2019
subject to a fine of $500 to $5,000 per system sold.
This bill makes service providers immune from liability for
damages incurred as the result of the release of information not
in the public record, including unpublished or unlisted
telephone numbers, to a PSAP made in connection with an
emergency call.
BACKGROUND
The Warren 911 Emergency Assistance Act requires every local
public agency to operate an emergency telephone system that
connects a person dialing 911 to a PSAP for dispatching
emergency responders from that jurisdiction. The Act requires
the Public Safety Communications Office (PSCO), recently
transferred from the California Technology Agency to the Office
of Emergency Services (OES), to administer the state 911 system
and approve funding for local agency PSAPs. Funding for the
program is from the State Emergency Telephone Number Account
(SETNA), derived from a surcharge on intrastate charges for
landline, wireless, and Voice over Internet Protocol
communications services. The Act requires each PSAP to have a
"basic" 911 system and requires the office to "not delay"
implementation of enhanced 911 (E911). E911, made possible with
caller ID type technology, automatically transmits with a 911
call the number and street address location of the caller. E911
enhances public safety by providing first responders the exact
location of the emergency and provides dispatchers a number to
call back to reach the person in need of help.
The benefits of E911 are not always available, however, with a
MLTS, which serves multiple telephone stations at a single
customer site. These systems include Centrex, PBX, and hybrid
key telephone systems and are commonly used at government
buildings, university campuses, hospitals, and other large
buildings or complexes. When an emergency call is placed from a
telephone served by a MLTS, the PSAP receiving the call will get
the street address of the building or complex, but not the
specific office, room, or other precise location of the caller.
With large systems where all calls are routed through a central
switchboard located far from where a call originates, a 911 call
may transmit to an entirely wrong PSAP, sometimes in a different
city or region. The California Public Utilities Commission
(CPUC) estimates that about 9.5 million employees at some 50,000
businesses and institutions are served by a MLTS without
accurate location information.
Pending proceedings at the CPUC and Federal Communications
Commission (FCC) are seeking to address this problem, although
the FCC originally deferred to states to find solutions. The
National Emergency Number Association (NENA), which represents
PSAPs and public safety dispatchers, developed model legislation
issued in 2011 to address the issue, which has been adopted in
at least 15 states.
COMMENTS
1. Author's Purpose . According to the author: "This bill
will ensure rapid emergency response to persons calling 911
from a telephone served by a MLTS by requiring those
systems to transmit precise call location to the PSAP.
Emergency response has been delayed in instances where PSAP
displayed a completely different location than the actual
location of the caller, sometimes in a different state.
This issue arises when a MLTS is registered to a
headquarters address that may be different from the precise
location of the telephone station. To address this problem
and ensure a fast emergency response, AB 911 requires
multi-line telephone systems to connect to the appropriate
PSAP and transmit accurate location information to the
dispatchers."
2. Why Wait Until 2019 ? The requirements imposed by this
bill do not take effect until 2019 or 12 months after E911
becomes available. According to the bill's sponsor, the
goal is to promote MLTS operators to make upgrades
necessary to provide precise caller location, while
avoiding undue burdens on system manufacturers, providers
and operators of MLTS systems. The CPUC states that this
bill is consistent with information acquired in its
proceeding, including that technological advances and
industry trends have made MLTS E911 solutions more feasible
for all price ranges, some even through software upgrades.
Moreover, most MLTS installations and upgrades of the last
ten years already include built-in E911 capabilities that
could be utilized immediately. The 2019 date allows MLTS
operators to come into compliance with a more regular
equipment replacement cycle. The bill also provides that
any requirements imposed by the FCC in the meantime will
take precedence.
3. Who Shall Enforce ? This bill makes a sellor or lessor
of a MLTS system in violation of the requirements of this
bill subject to a fine of $500 to $5,000 per system sold.
However, it does not specify what entity imposes the fine
and for what purpose any money from fines is authorized.
Although PSCO has authority under Sections 53115 and 53116
of the Government Code to enforce local agency and public
utility compliance with 911 requirements (with assistance
from the Attorney General), it does not have authority over
MLTS operators, sellers, or lessors. The author indicates
an intent to have the PSCO enforce the requirements of this
bill when it becomes aware of a 911 call from a MLTS
station not including precise location information. Thus,
the author and committee may wish to consider amending the
bill to provide PSCO enforcement authority over MLTS
operators, sellers, and lessors.
4. Technical Amendment . This bill, on page 6, lines 3 to
10, requires that a 911 call from a MLTS telephone station
be routed with required information either directly to the
appropriate PSAP or "in a manner that enables a direct
response through an alternate and adequate means of
signaling by the establishment of a private point." The
bill, on page 5, lines 3 to 6, also defines "private
emergency answering point" (PEAP) as an "answering point
operated by nonpublic safety entities with alternative and
adequate means of signaling and directing a response to
emergencies." Thus, to avoid redundancy, the author and
committee may wish to consider amending the bill to refer
to PEAP as defined.
5. Ratepayer Impact . The state's 911 system and local
PSAPs are funded by the SETNA, derived from a surcharge on
all customers of intrastate communications services. To
the extent this bill results in more efficient operation of
PSAPs, that could reduce PSAP costs.
ASSEMBLY VOTES
Assembly Floor (78-0)
Assembly Appropriations Committee (17-0)
Assembly Utilities and Commerce Committee
(15-0)
POSITIONS
Sponsor:
California Chapter of the National Emergency Number Association
Support:
California Public Utilities Commission
California State Sheriffs' Association
Division of Ratepayer Advocates
Oppose:
None on file
Jacqueline Kinney
AB 911 Analysis
Hearing Date: July 2, 2013