[106th Congress Public Law 81]
[From the U.S. Government Printing Office]


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[DOCID: f:publ081.106]


[[Page 1285]]

          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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