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47 U.S.C. § 615aService provider parity of protection

submitted 27 years ago by Pub. L. 106-81 to r/title-47-TELECOMMUNICATIONS · 368 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives emergency communications providers, users, and public safety answering points liability protection at least as broad as the protection available in comparable circumstances. It applies to wireless, IP-enabled, and other emergency communications.

(a) Provider parity. A wireless carrier, IP-enabled voice service provider, or other emergency communications provider, and each of its officers, directors, employees, vendors, and agents, must receive in a State immunity or other liability protection at least as broad as the protection that Federal or State law gives a local exchange company and its corresponding people in that State. This includes protection for acts or omissions involving release of subscriber information about emergency calls or services to a PSAP, emergency medical or dispatch provider, public-safety, fire-service, or law-enforcement official, or hospital emergency or trauma-care facility. (b) User parity. A person using wireless 9–1–1 service or making a 9–1–1 communication through an IP-enabled voice service or other emergency communications service must receive at least the same immunity or other liability protection available under applicable law to a person using nonwireless, non-IP-enabled 9–1–1 service in similar circumstances. (c) PSAP parity. For matters involving 9–1–1 communications through wireless, IP-enabled, or other emergency communications service, a PSAP and its employees, vendors, agents, and authorizing government entity, if any, must receive at least the protection that applicable law gives them, respectively, for matters involving other 9–1–1 communications. (d) Basis for enactment. Congress enacted this section under its enforcement power under section 5 of the Fourteenth Amendment and its power to regulate commerce with foreign nations, among the States, and with Indian tribes.
the actual law source: uscode.house.gov ↗public domain
(a) Provider parity

A wireless carrier, IP-enabled voice service provider, or other emergency communications provider, and their 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, emergency services, or other emergency communications services.

(b) User parity

A person using wireless 9–1–1 service, or making 9–1–1 communications via IP-enabled voice service or other emergency communications 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 via wireless 9–1–1 service, IP-enabled voice service, or other emergency communications service.

(c) PSAP parity

In matters related to 9–1–1 communications via wireless 9–1–1 service, IP-enabled voice service, or other emergency communications service, 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 via wireless 9–1–1 service, IP-enabled voice service, or other emergency communications service.

(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.

Source credit: (Pub. L. 106–81, § 4, Oct. 26, 1999, 113 Stat. 1288; Pub. L. 110–283, title II, § 201(a), July 23, 2008, 122 Stat. 2624.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-81 · 113 Stat. 1288
  • 2008Amended · Pub. L. 110-283 · 122 Stat. 2624

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-81 on 1999-10-26.

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