CHAPTER 53
911 EMERGENCY COMMUNICATION SERVICES
Sec.
5301. Scope of chapter.
5302. Definitions.
5303. Telecommunications management.
5304. Counties.
5304.1. Pennsylvania State Police.
5305. 911 system plan.
5306. Special public meeting (Deleted by amendment).
5306.1. Fund.
5306.2. Uniform 911 surcharge.
5307. Payment, collection and remittance of surcharge by providers of 911 communications services.
5307.1. Payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service.
5308. Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems (Deleted by amendment).
5309. Telephone records.
5310. Penalty.
5311. (Reserved).
5311.1. Immunity.
5311.2. Powers and duties of agency (Deleted by amendment).
5311.3. Advisory committee (Deleted by amendment).
5311.4. Wireless E-911 Emergency Services Fund (Deleted by amendment).
5311.5. Disbursement of fund amounts by agency (Deleted by amendment).
5311.6. Reporting (Deleted by amendment).
5311.7. Prohibition against release of information.
5311.8. Wireless provider and VoIP provider records (Deleted by amendment).
5311.9. Immunity (Deleted by amendment).
5311.10. Agency funding for wireless E-911 support (Deleted by amendment).
5311.11. Rate regulation.
5311.12. Regulations (Deleted by amendment).
5311.13. Enforcement (Deleted by amendment).
5311.14. Collection and disbursement of VoIP 911 fee (Deleted by amendment).
5311.15. Shared residential MLTS service.
5311.16. Business MLTS.
5311.17. Shared communications services.
5311.18. Temporary residence.
5311.19. Local notification.
5311.20. ALI database maintenance.
5311.21. Industry standards.
5311.22. Dialing instructions.
5311.23. MLTS signaling.
5311.24. MLTS operator education.
5311.25. Limitation of liability.
5312. (Reserved).
5312.1. Legislative study (Repealed).
5313. Legislative report.
5314. Inventory.
5398. Termination (Repealed).
5399. Prohibited release of information.
Enactment. Chapter 53 was added November 23, 2010, P.L.1181, No.118, effective January 1, 2011, unless otherwise noted.
Chapter Heading. The heading of Chapter 53 was amended June 29, 2015, P.L.36, No.12, effective August 1, 2015.
Special Provisions in Appendix. See section 7(b)(1) and (2) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.
§ 5301. Scope of chapter.
This chapter relates to emergency telephone service.
§ 5302. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"911 communication." Transmission of information to a PSAP for the initial reporting of police, fire, medical or other emergency situation.
"911 communications service." As follows:
(1) A service that allows the two-way transmission, conveyance or routing of voice, data, audio, video or any information of signals, including cable and internet protocol services, to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave or other medium or method in existence on or after the effective date of this definition, regardless of protocol used for the transmission or conveyance, only if that service is capable of contacting a PSAP by entering or dialing the digits 911 and is subject to applicable Federal or State requirements to provide the 911 dialing capability.
(2) The term does not include wireless and Internet-protocol-enabled services that are exempt from Federal Communications Commission regulations for 911 communications service, 911 service and next generation 911 service.
"911 service provider." An entity that provides all or parts of the network, software applications, databases, CPE components and operations and management procedures required to support a 911 system.
"911 system." A system capable of receiving and processing a 911 communication throughout a defined geographic area. The term shall include a county or county-based regional 911 system or a PSAP.
"Advisory committee." (Deleted by amendment).
"Agency." The Pennsylvania Emergency Management Agency.
"ALI." Automatic location information.
"ANI." Automatic number identification.
"Associated with Pennsylvania." (Deleted by amendment).
"Automatic location information." The delivery or receipt of location information, including, but not limited to, the street address or geographic location of a telecommunication device, as specified in the FCC 911 Order, being used to communicate with a 911 system.
"Automatic number identification." The delivery or receipt of a telephone number assigned to a telecommunication device being used to communicate with a 911 system.
"Board." The 911 board established under section 5303(b) (relating to telecommunications management).
"Call." A two-way communication established using a 911 communications service.
"Call-back number." A number used by a public safety answering point to recontact the location from which a 911 call was placed. This number may or may not be the number of the telephone station used to originate the 911 call.
"Commission." (Deleted by amendment).
"Communication service." Any service that provides to a subscriber or consumer the capability to initiate, route, transmit or complete a 911 communication from or through any telecommunication device that utilizes telephone numbers, Internet protocol addresses or functional equivalents or technological successors.
"Competitive local exchange carrier." (Deleted by amendment).
"Consumer." A person who purchases prepaid wireless telecommunications service or a prepaid wireless device in a retail transaction.
"Contribution rate." (Deleted by amendment).
"Council." (Deleted by amendment).
"County." (Deleted by amendment).
"County plan." (Deleted by amendment).
"Department." The Department of Revenue of the Commonwealth.
"Emergency location identification number" or "ELIN." A valid North American Numbering Plan format telephone number assigned to a multiline telephone system operator by the appropriate authority which is used to route the call to a public safety answering point and is used to retrieve the automatic location information for the public safety answering point. The ELIN may be the same number as the automatic number identification. The North American Numbering Plan number may in some cases not be a dialable number.
"Emergency notification services." Services provided by authorized agencies of Federal, State, county or local governments, or by persons authorized by these governments, that notify the public and may use ANI/ALI database information, of emergencies declared by these governments.
"Emergency support services." Information or database management services provided by authorized agencies of Federal, State, county or local governments, or by persons authorized by these governments, that are used in support of PSAPs or emergency notification services.
"Enhanced 911 service" or "911." Emergency communication service providing for automatic identification of caller location and calling number, which includes network switching, database and PSAP premise elements capable of providing automatic location identification data and a call-back number.
"FCC 911 Order." All of the following:
(1) All orders or final rules issued by the Federal Communications Commission pursuant to the proceeding entitled "Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102) codified at 47 CFR § 20.18 (relating to 911 service), "Wireless E-911 Location Accuracy Requirements" codified at 47 CFR Pt. 20 (relating to commercial mobile services) and any successor proceeding.
(2) Any Federal Communications Commission order that affects the provision of wireless 911 service to wireless service customers.
"Fund." The 911 Fund established under section 5306.1 (relating to fund).
"Hybrid system." A system providing both manual and pooled access for outgoing calls. During installation, either pooled or manual access is selected.
"Industry standards." Publicly available technical requirements or standards adopted by an emergency communications industry association or standard-setting organization, including, but not limited to, the National Emergency Number Association and the Association of Public Safety Communications Officials International.
"Interconnected Voice over Internet Protocol provider." A person engaged in the business of providing interconnected VoIP service to end-use subscribers in this Commonwealth, including resellers.
"Interconnected Voice over Internet Protocol service." Service as defined by any of the following:
(1) All orders issued by the Federal Communications Commission pursuant to the proceeding entitled "IP-Enabled Services" (WC Docket No. 04-36; FCC 05-116), codified at 47 CFR Part 9 (relating to interconnected Voice over Internet Protocol services), and any successor proceeding.
(2) Any Federal Communications Commission order that affects the provision of 911 service to VoIP service subscribers or further defines interconnected Voice over Internet Protocol service.
"Interconnected Voice over Internet Protocol service subscriber." A person who is billed by an interconnected Voice over Internet Protocol provider, who is the end user of VoIP service and has designated a place of primary use within this Commonwealth.
"Interexchange carrier." (Deleted by amendment).
"Key telephone system." A type of multiline telephone system which provides shared access to several outside lines through buttons or keys, and which has identified access lines with direct line appearances or terminations on each telephone station.
"Local exchange carrier." A person that provides local exchange telecommunications service within this Commonwealth.
"Local exchange telecommunications service." The transmission of voice messages that originate and terminate within a prescribed local calling area, including services subject to regulation by the Pennsylvania Public Utility Commission.
"Local exchange telephone service." (Deleted by amendment).
"Local notification." A system capability that directs a call to 911 from a multiline telephone system extension through the 911 network to a public safety answering point and simultaneously notifies a designated individual to identify the location of the telephone that has dialed 911.
"Master street address guide." A database of street names and house number ranges within the associated communities defining emergency services zones and their associated emergency services numbers to enable proper routing of 911 calls.
"Mobile telephone number" or "MTN." (Deleted by amendment).
"Multiline telephone system" or "MLTS." A system comprised of common control units, telephone sets, control hardware and software and adjunct systems used to support capabilities, including, but not limited to, network and premises-based systems such as Centrex, VoIP, Hybrid and Key Telephone Systems and PBX as classified under 47 CFR § 68.162 (relating to requirements for telecommunication certification bodies), whether owned or leased by private individuals and businesses or by government agencies and nonprofit entities.
"Multiline telephone system (MLTS) manager." The person authorized to implement a multiline telephone system, either through purchase or lease of an MLTS or the purchasing of MLTS services, as the means by which to make 911 calls.
"Multiline telephone system (MLTS) operator." The person responsible for ensuring that a 911 call placed from a multiline telephone system is transmitted and received in accordance with this chapter regardless of the MLTS technology used to generate the call. The MLTS operator may be the MLTS manager or a third party acting on behalf of the MLTS manager.
"Next generation 911 service." 911 service using, in whole or in part, next generation 911 technology.
"Next generation 911 technology." Equipment, products or services that enable a PSAP to receive calls for emergency assistance by voice, text, video, Internet protocol or other technology authorized by Federal law, regulation or industry standard. The term includes any new technology with the same or similar functionality.
"NPA-NXX." (Deleted by amendment).
"Other emergency communications service." Services covered by the term as defined in 47 U.S.C. § 615b(8) (relating to definitions).
"Other emergency communications service provider." Entities covered by that term as defined in 47 U.S.C. § 615b(9).
"Person." The term includes a corporation, an LLC, a partnership, an association, the Federal Government, the State government, a political subdivision, a municipal or other local authority and a natural person.
"Place of primary use." The street address where the subscriber's use of the wireless or VoIP service primarily occurs. For the purpose of the surcharge assessed on a VoIP service subscriber, place of primary use is the VoIP service subscriber's registered location on the date the VoIP service subscriber is billed.
"Prepaid wireless device." A device that is purchased with a prepaid wireless telecommunications service and is strictly used for that purpose.
"Prepaid wireless E-911 surcharge." (Deleted by amendment).
"Prepaid wireless provider." A person that provides prepaid wireless telecommunications service.
"Prepaid wireless telecommunications service." A wireless telecommunications service that meets all of the following:
(1) Allows a caller to transmit the digits 911 to access a 911 system.
(2) Must be paid for in advance and sold in predetermined units or dollars of which the number may or may not decline with use in a known amount.
"Primary place of use." (Deleted by amendment).
"Private 911 emergency answering point." An answering point operated by a nonpublic safety entity which:
(1) Provides functional alternative and adequate means of signaling and directing responses to emergencies as an adjunct to public safety responses.
(2) Trains individuals intercepting calls for assistance in accordance with applicable local emergency telecommunications requirements.
(3) Provides incident reporting to the public safety emergency response centers in accordance with State and local requirements.
"Private branch exchange" or "PBX." A private telephone network switch that is connected to a publicly switched telephone network.
"Provider." A person that provides service to the public for a fee that includes 911 communications service, including, but not limited to, a local exchange carrier, a wireless provider, a prepaid wireless provider, a VoIP provider or a provider of next generation 911 or successor services.
"PSAP." (Deleted by amendment).
"Public agency." Any of the following:
(1) The Commonwealth.
(2) A political subdivision, public authority or municipal authority.
(3) An organization located in whole or in part within this Commonwealth which provides or has the authority to provide firefighting, law enforcement, ambulance, emergency medical or other emergency services.
"Public safety answering point" or "PSAP." The agency-approved entity that receives 911 communications from a defined geographic area and processes those calls according to a specific operational policy. The term shall refer to a county or county-based regional 911 system.
"Public switched telephone network." The network of equipment, lines and controls assembled to establish communication paths between calling and called parties in North America.
"Regional." A geographic area that includes more than one county.
"Regional ESiNET." An Internet Protocol-based system which consists of managed networks, shared applications and the ability to replicate emergency 911 features and functions.
"Regionalization of technology." The adoption of technology that increases the efficiency of a 911 system by allowing multiple PSAPs to use the same equipment or service.
"Retail transaction." The purchase of prepaid wireless telecommunications service or a prepaid wireless device bundled with prepaid wireless telecommunications service from a seller for any purpose other than resale.
"Seller." A person who sells prepaid wireless telecommunications service or a prepaid wireless device bundled with prepaid wireless telecommunications service to another person.
"Shared residential MLTS service." The use of a multiline telephone system to provide service to residential facilities even if the service is not delineated for purposes of billing. For purposes of this definition, residential facilities shall be liberally construed to mean single family and multifamily facilities.
"Shared telecommunications services." 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 subscriber premises equipment and associated data processing and information management services, including the provision of connections to the facilities of a local exchange carrier and to interexchange carriers.
"Subscriber." A person who contracts with and is billed by a provider within this Commonwealth for a 911 communications service. In the case of wireless service, the term shall mean a person who contracts with a provider if the person's place of primary use is within this Commonwealth.
"Telecommunications." The term shall have the meaning given to it in 47 U.S.C. § 153(50) (relating to definitions).
"Telecommunications carrier." Any provider of telecommunications services as defined by the Telecommunications Act of 1996 (Public Law 104-104, 110 Stat. 56).
"Telecommunication device" or "device." Any equipment or item made or adapted for use by a subscriber or consumer to initiate, route or transmit 911 communications using a 911 communications service.
"Telephone subscriber." (Deleted by amendment).
"Temporary facility." A dormitory, hotel, motel, health care facility, long-term care facility, nursing home or other facility as determined by the agency that provides temporary occupancy to temporary residents and that is served by a multiline telephone system.
"Uniform 911 surcharge" or "surcharge." The fee assessed to a subscriber or consumer as provided for under this chapter.
"Vendor." A person who supplies 911 system services or equipment to enable the transmission of a 911 communication to a PSAP or to support a 911 system or a consultant representing the person, county or PSAP.
"VoIP provider." Interconnected Voice over Internet Protocol provider.
"VoIP service." Interconnected Voice over Internet Protocol service.
"VoIP service subscriber." An Interconnected Voice over Internet Protocol service subscriber.
"Wireless 911 service." 911 communications service provided by a wireless provider, pursuant to the FCC 911 Order, including text-to-911 or any successor requirements.
"Wireless E-911 State plan." (Deleted by amendment).
"Wireless E-911 surcharge." (Deleted by amendment).
"Wireless E-911 system." (Deleted by amendment).
"Wireless provider." A person engaged in the business of providing wireless service to end-use subscribers in this Commonwealth, including resellers.
"Wireless service." Commercial mobile radio service as defined under section 332(d) of the Communications Act of 1934 (48 Stat. 1604, 47 U.S.C. § 332(d)) which provides real-time, two-way voice service that is interconnected with the public switched telephone network. The term does not include prepaid wireless telecommunications service.
"Wireless service customer." A person who is billed for wireless service by a wireless provider or who purchases prepaid wireless telecommunications service within this Commonwealth.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.)
2019 Amendment. Act 17 amended the defs. of "911 system" and "public safety answering point" or "PSAP."
Special Provisions in Appendix. See section 7(b)(3) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.
Cross References. Section 5302 is referred to in section 75A01 of this title.
§ 5303. Telecommunications management.
(a) Powers and duties of agency.--The agency shall have the following powers and duties:
(1) To adopt rules and regulations as necessary to enforce this chapter. Rules and regulations proposed under the authority of this section shall be subject to review by the General Counsel and the Attorney General in the manner provided for the review of proposed rules and regulations pursuant to the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(2) To publish guidelines and application procedures for the collection and distribution of fees collected under this chapter.
(3) To receive, review and approve or disapprove all 911 system plans in accordance with standards developed in consultation with the board.
(4) To establish, in consultation with the board, a Statewide 911 plan that sets forth priorities for 911 systems in this Commonwealth and plans for next generation 911 technology.
(5) To designate a State 911 coordinator who shall be an employee of the agency.
(6) To provide administrative and support staff to the board as necessary.
(7) To establish formulas and methods to distribute money in accordance with section 5306.1 (relating to fund) in consultation with the board.
(8) To establish and publish annually uniform standards relating to technology, next generation 911 technology, administration and operation of 911 systems in consultation with the board.
(9) To cooperate with county and regional 911 systems to develop interconnectivity of 911 systems through the establishment, enhancement, operation and maintenance of an Internet protocol network.
(10) To establish and publish annually, in consultation with the board, eligible uses for money received under this chapter, including next generation 911 technology.
(11) To request information and require audits or reports relating to program compliance from any entity remitting the surcharge to or receiving disbursements from the fund.
(11.1) To subpoena witnesses, administer oaths, examine witnesses, take such testimony and compel the production of such books, records, papers and documents as it may deem necessary or proper in and pertinent to any proceeding, investigation or hearing.
(12) To require a biennial performance audit of each 911 system's use of money from the fund, including allocations to capital or operating reserves.
(13) To prescribe the applications and forms necessary to enforce this chapter.
(14) No later than December 1 of each year, to report to the General Assembly on the revenue and distributions from the fund for the previous fiscal year and the compliance with the Commonwealth's 911 priorities. In addition, the report shall include a listing of any 911 systems that have merged or consolidated during the previous year.
(15) To adopt, in consultation with the board, minimum training, certification and quality assurance standards for emergency dispatchers, call takers and supervisors.
(16) To develop, in consultation with the board, a comprehensive plan for the implementation of a Statewide interoperable Internet protocol network using next generation 911 technology that coordinates the delivery of Federal, State, regional and local emergency services.
(17) To enforce this chapter through injunction, mandamus or other appropriate proceeding.
(18) To take other actions necessary to implement and enforce this chapter.
(b) Establishment of 911 board.--There is established a board within the agency to be known as the 911 board. The board shall be comprised of the following:
(1) The following State officials, who shall serve as voting members:
(i) The director of the agency, who shall act as chairperson.
(ii) The State 911 coordinator.
(iii) The Commissioner of the Pennsylvania State Police.
(iv) The chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate.
(v) The minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate.
(vi) The chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.
(vii) The minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.
(viii) The State Fire Commissioner.
(ix) The chairperson of the State Geospatial Coordinating Board.
(2) The following local officials, who shall serve as voting members:
(i) The mayor of a city of the first class.
(ii) A county executive of a county of the second class.
(iii) A county commissioner of a county of the second class A, or a home rule equivalent.
(iv) A county commissioner of a county of the third or fourth class, or its home rule equivalent.
(v) Two county commissioners of a county of the fifth, sixth, seventh or eighth class, or a home rule equivalent.
(vi) The 911 coordinator of a city of the first class.
(vii) The 911 coordinator of a county of the second class.
(viii) The 911 coordinator of a county of the second class A.
(ix) The 911 coordinator of a county of the third or fourth class.
(x) Two 911 coordinators of a county of the fifth, sixth, seventh or eighth class.
(3) A representative from the following State agencies, who shall serve as nonvoting members, to be appointed by the chief executive or administrative officer of each agency:
(i) The Pennsylvania Public Utility Commission.
(ii) (Deleted by amendment).
(iii) The Governor's Office of Administration.
(4) A representative from the following Statewide associations, who shall serve as nonvoting members:
(i) The Pennsylvania Chiefs of Police Association.
(ii) The Fraternal Order of Police.
(iii) The Pennsylvania Emergency Health Services Council.
(iv) The Pennsylvania Fire and Emergency Services Institute.
(v) The Association of Public-Safety Communications Officials.
(vi) The Pennsylvania Chapter of the National Emergency Number Association.
(vii) The Keystone Emergency Management Association.
(viii) The Pennsylvania Professional Fire Fighters Association.
(ix) The Firemen's Association of the State of Pennsylvania.
(x) The Pennsylvania Wireless Association.
(xi) The Pennsylvania Telephone Association.
(xii) The Broadband Cable Association of Pennsylvania.
(xiii) The Pennsylvania Municipal League.
(xiv) The Pennsylvania State Association of Boroughs.
(xv) The Pennsylvania State Association of Township Supervisors.
(xvi) The Pennsylvania State Association of Township Commissioners.
(xvii) The Ambulance Association of Pennsylvania.
(xviii) The Pennsylvania Association of Councils of Governments.
(5) A member of the general public, who shall serve as a nonvoting member.
(b.1) Designee.--A voting member of the board may appoint a designee who must be an employee of the same agency or organization as the voting member to attend meetings.
(b.2) Gubernatorial appointees.--The Governor shall appoint the board members under subsection (b)(2)(iii), (iv), (v), (viii), (ix) and (x), (4) and (5) upon the recommendation of Statewide organizations and industry segments. Recommendations for appointments of county officials under subsection (b)(2) shall be requested by the Governor from the County Commissioners Association of Pennsylvania and recommendations for appointments of 911 coordinators under subsection (b)(2) shall be requested by the Governor from the State chapters of the National Emergency Number Association and the Association of Public Communications Officials. The following shall apply:
(1) Members appointed by the Governor are appointed to terms of two years and may serve no more than three consecutive terms.
(2) The Statewide organizations shall ensure that nominees are sufficiently proficient in 911 policies, operations and technologies and that the nominees provide a diverse representation from the western, central and eastern regions of this Commonwealth.
(3) The Governor shall make the initial appointments of members under subsection (b)(2), (4) and (5) within 90 days of the effective date of this paragraph. Initial terms for members appointed by the Governor shall be divided between one-year and two-year terms.
(4) Except a member appointed under subsection (b)(2)(i), (ii), (vi) or (vii), the Governor may remove an appointed member of the board for cause upon written notice to the board.
(5) A member's nonparticipation in three consecutive board meetings may be considered cause for removal.
(b.3) Quorum.--Thirteen members of the board shall constitute a quorum. When a quorum is present, three-fourths consent of members present and voting is required for any action of the board.
(b.4) Meetings.--The board shall meet at least once quarterly and at any special session called by the chairperson. All meetings of the board shall be conducted in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).
(b.5) Compensation.--The members of the board shall serve without compensation but shall be reimbursed for their actual and necessary travel and other expenses in connection with attendance at meetings called by the chairperson.
(c) Powers and duties of board.--The board shall have the following powers and duties:
(1) To advise the agency on regulations and guidelines relating to the administration and operation of 911 systems in this Commonwealth relating to the following:
(i) Standards for performance reviews and quality assurance programs to ensure public safety and maintain and improve the performance of 911 systems.
(ii) Measures to ensure the compliance of 911 systems with current industry standards and applicable Federal regulations.
(iii) Cost-saving measures to include joint purchasing opportunities.
(iv) Measures to promote regionalization of PSAPs.
(v) Measures to promote next generation 911 technology.
(vi) 911 planning guidelines.
(vii) Training standards for emergency dispatchers, call takers and supervisors.
(2) To provide advice and recommendations to the agency to develop and adopt formulas and methods to distribute money from the fund under section 5306.1.
(3) To promote effective communication and information sharing between the agency and county 911 coordinators and develop recommendations to improve 911 systems in this Commonwealth.
(4) To advise the agency on plans to deploy next generation 911 technology in 911 systems in this Commonwealth.
(5) To promote the regional use of technology.
(6) To promote sharing of information among the agency, 911 systems and other State and local agencies relating to the operation and improvement of 911 systems.
(d) Exemption.--The Pennsylvania State Police telecommunications facilities are exempt from the telecommunications management of the agency and the board.
(June 29, 2015, P.L.36, No.12, eff. imd.; June 28, 2019, P.L.142, No.17, eff. imd.; Nov. 7, 2019, P.L.617, No.83, eff. imd.)
2019 Amendments. Act 17 amended subsecs. (a)(15) and (b)(1), (3) and (4) and Act 83 amended subsec. (a).
Cross References. Section 5303 is referred to in section 5302 of this title.
§ 5304. Counties.
(a) Powers and duties.--Each county shall have the following powers and duties in relation to a 911 system:
(1) To ensure the provision of a 911 system in the county's respective jurisdiction. A county may provide a 911 system to the county's jurisdiction through participation in a regional 911 system.
(2) To develop, maintain or adopt a 911 plan for the county and submit the plan to the agency for review.
(i) The plan shall be reviewed and updated at a frequency prescribed by the board.
(ii) A county may adopt the 911 plan of a regional 911 system if the county is a participating member of that regional 911 system.
(3) To cooperate with the agency, the board and the Pennsylvania State Police.
(4) To comply with the guidelines, standards and reporting requirements established by the agency.
(5) To execute all contracts, agreements, mutual aid agreements, cross-service agreements and all other documents necessary to implement its 911 plan.
(6) To designate a 911 coordinator for the county who shall develop and submit a plan for the implementation, operation and maintenance of a 911 system.
(7) To cooperate with the board in the preparation and submission of the 911 system plan.
(8) To cooperate with the Pennsylvania State Police. Subject to subparagraphs (i) through (iii), a county that utilizes ANI/ALI database services shall, upon request of the Commissioner of the Pennsylvania State Police or the designee of the commissioner, provide authority to access all ANI/ALI database information relating to 911 calls for emergency services, whether the database is held by the county or by a commercial entity, following the established procedures of the database owner. The following shall apply:
(i) In order to ensure that no county or PSAP experiences degradation of service or additional costs as a result of complying with this subsection:
(A) the Pennsylvania State Police shall provide, at its cost, any equipment, computer software or telecommunications equipment or services, exclusive of recurring personnel costs for county personnel, that are necessary to enable its access to any ANI/ALI database information; and
(B) all means of access must be approved by the county, PSAP and the Pennsylvania State Police before the county is required to authorize or provide the access. In the event of a dispute between the Pennsylvania State Police and a county or PSAP regarding approval by the county and PSAP, the dispute shall be mediated by the Office of Information Technology of the Commonwealth's Office of Administration. The Office of Information Technology may bring in a Commonwealth mediator from the Office of General Counsel to provide assistance in resolving the dispute.
(ii) The ANI/ALI database information to which access is authorized or enabled under this paragraph or section 5304.1(a)(3) (relating to Pennsylvania State Police) shall be used only in providing emergency response services to a 911 call. A person who uses or discloses the ANI/ALI database information under this subparagraph for any other purpose commits a misdemeanor of the third degree.
(iii) Nothing contained in this paragraph shall be construed to impose on providers any obligations beyond those created by applicable Federal Communications Commission orders and regulations. Public agencies, counties, PSAPs and wireless providers shall not be liable to any person for errors in any of the ANI/ALI database information which may be accessed by or provided to the Pennsylvania State Police under this paragraph.
(9) To comply with reporting requirements established by the agency.
(10) To make reasonable efforts to ensure required geographic information system (GIS) information is available and maintained to support next generation 911 call delivery. The following apply:
(i) Counties must cooperate with each other to develop the PSAP boundary, emergency service boundary, provisioning boundary and road centerline data sets.
(ii) Counties shall share GIS data needed to support geospatial call routing.
(b) Persons outside county.--(Deleted by amendment).
(c) Cities of the second class, second class A and third class.--(Deleted by amendment).
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.)
2019 Amendment. Act 17 added subsec. (a)(10) and deleted subsec. (c).
Cross References. Section 5304 is referred to in section 5304.1 of this title.
§ 5304.1. Pennsylvania State Police.
(a) Powers and duties.--The Commissioner of the Pennsylvania State Police, or the designee of the commissioner, shall have the following powers and duties in relation to a Pennsylvania State Police telecommunications facility:
(1) To designate, with specificity, which Pennsylvania State Police facilities shall be considered Pennsylvania State Police telecommunications facilities under this chapter.
(2) To designate a commander of a Pennsylvania State Police telecommunications facility, who shall serve as the point of contact with the agency and the counties and shall oversee the implementation, operation and maintenance of a Pennsylvania State Police telecommunications facility. A Pennsylvania State Police facility shall, where technologically feasible, be adequate to provide service to the designated area of coverage.
(3) To request authority to access ANI/ALI database information relating to 911 calls for emergency services from the counties and PSAPs within the designated area of coverage of a Pennsylvania State Police telecommunications facility. No county or PSAP shall be required to comply with such a request unless it is made by the Commissioner of the Pennsylvania State Police or the designee of the commissioner under section 5304(a)(8) (relating to counties).
(4) To provide training and certification for all call takers/dispatchers and call taker/dispatcher supervisors that meet or exceed the training and certification standards that are provided for in 4 Pa. Code Ch. 120c (relating to training and certification standards for 911 emergency communications personnel) or any successor standard.
(b) Ineligible reimbursement.--The Pennsylvania State Police is not eligible to receive reimbursement from the fund, nor may the Pennsylvania State Police impose a tax, fee or surcharge upon subscribers or customers of any provider.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
Cross References. Section 5304.1 is referred to in section 5304 of this title.
§ 5305. 911 system plan.
(a) Minimum standards.--Upon the agreement of a county to establish a 911 system as a regional or single county PSAP, a plan shall be adopted that meets at least the standards promulgated by the agency. The county may obtain technical assistance from the agency in formulating its plan. Each 911 system plan shall be designed to meet the individual circumstances of each community and public agency participating in the 911 system. The plan shall consider efficiencies to be achieved from regionalization and consolidation and may include consideration of next generation 911 technology.
(b) Board review.--
(1) The board shall review each 911 system plan for completeness and may recommend the approval or disapproval of the plan to the agency.
(2) If the 911 system plan is recommended for disapproval by the board, the agency shall explain the deficiencies that caused the recommendation and may return the plan.
(c) Regional systems.--Nothing in this chapter shall be construed to prohibit the formation of multijurisdictional or regional 911 systems.
(d) Council review.--(Deleted by amendment).
(e) Commission review.--(Deleted by amendment).
(f) Present systems.--(Deleted by amendment).
(g) Regional systems.--(Deleted by amendment).
(g.1) Contribution rate.--(Deleted by amendment).
(h) Contribution rate changes.--(Deleted by amendment).
(i) Assessment.--(Deleted by amendment).
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
Cross References. Section 5305 is referred to in section 5306.1 of this title.
§ 5306. Special public meeting (Deleted by amendment).
2015 Amendment. Section 5306 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5306.1. Fund.
(a) Establishment.--There is established in the State Treasury a nonlapsing restricted interest-bearing account to be known as the 911 Fund. Money in the fund and the interest the money accrues is appropriated to the agency to be disbursed by the agency.
(b) Composition of fund.--The following money shall be deposited in the fund:
(1) The surcharge remitted under section 5307 (relating to payment, collection and remittance of surcharge by providers of 911 communications services) and the prepaid wireless surcharge remitted under section 5307.1 (relating to payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service).
(2) Any money appropriated by the General Assembly.
(3) Money from any other public or private source.
(4) Interest accrued by the fund.
(c) Use.--
(1) The money in the fund shall be used only for reasonably necessary costs that enhance, operate or maintain a 911 system in this Commonwealth in accordance with the Statewide 911 plan established by the agency. For the purposes of this paragraph, reasonably necessary costs shall be determined by the agency, in consultation with the board, consistent with the following:
(i) The agency shall establish factors for reasonably necessary costs.
(ii) The agency shall provide the factors annually through agency guidelines.
(iii) Notwithstanding any guidelines provided by the agency, use of the fund by a 911 system or the agency to establish, enhance, operate or maintain Statewide interconnectivity of 911 systems or to establish a capital or operating reserve consistent with a 911 system plan shall be deemed reasonably necessary.
(2) Money from the fund shall not be expended on a 911 system that does not conform to the standards and guidance published by the agency.
(3) Money from the fund shall not be transferred for General Fund use by the Commonwealth or counties.
(d) Distribution.--Within 30 days after the end of each quarter, the agency shall determine the amount available from the fund for distribution and make disbursements in accordance with the Statewide 911 plan and this chapter and in accordance with the following:
(1) Not less than 80% of the amount in the fund shall be disbursed to a 911 system through a mathematical formula established by the agency in consultation with the board, of which at least 30% shall solely be based on population.
(2) Up to 15% of the amount in the fund shall be used by the agency to establish, enhance, operate or maintain Statewide interconnectivity of 911 systems, including, but not limited to, the use or obligations of money for debt service related to regional or Statewide interconnectivity. Money under this paragraph may also be used to purchase a Statewide system designed to allow individuals to identify their phone numbers as associated with a person with a physical disability, so that when an individual makes a 911 call, the PSAP has this information.
(3) Three percent of the amount available shall be disbursed equally to the PSAPs of this Commonwealth. Consolidation of PSAPs after the effective date of this paragraph shall not reduce an allocation to a county under this paragraph.
(4) Not greater than 2% of the amount in the fund may be retained by the agency to pay for agency expenses directly related to administering the provisions of this chapter. Any excess shall be added to the amounts available for distribution under paragraph (1). Audits conducted by the agency under this section shall be funded from amounts retained under this paragraph.
(e) Distribution formula considerations.--
(1) The distribution formula established by the agency under subsection (d) shall fairly and proportionately reflect 911 system needs.
(2) The initial distribution formula shall be established and implemented by the agency, in consultation with the board, no later than 18 months following the effective date of this section.
(3) The distribution formula shall be reviewed every two years and may be adjusted annually.
(4) In developing and evaluating the distribution formula, the agency, in consultation with the board, shall consider and may include the following factors that permit the formula to reflect 911 system needs:
(i) Base level costs common to all 911 systems.
(ii) Population and population density.
(iii) Call volume, including definition of what constitutes a call as published by the agency.
(iv) Extenuating factors such as topography, concentrated exposure such as transit or industrial facilities, or cyclical exposures such as high-attendance public events.
(5) In development of the distribution formula, the agency, in consultation with the board, shall consider the 911 system's average reported allowable 911 system costs for the five years immediately preceding the effective date of this section.
(6) Notwithstanding the provisions of paragraph (5), the total annual disbursement from the fund to any one 911 system may not exceed the actual annual costs to enhance, operate or maintain that 911 system in accordance with the Statewide 911 system plan. Actual costs may include amortization or depreciation of allowable capital costs of the 911 system as determined using generally accepted accounting principles and approved plan allocations to capital and operating reserves, if approved by the agency.
(f) Interim distribution formula.--Commencing on the effective date of this subsection, until the board develops and the agency implements a distribution formula under subsection (e), the money available under subsection (d)(1) and (3) shall be distributed to each 911 system as follows:
(1) A share equivalent to 106% times the respective 911 system's average of local exchange telephone carriers surcharge collections under section 5305 (relating to 911 system plan) for the five years immediately preceding the effective date of this section.
(2) A share equivalent to 106% times the respective 911 system's average of VoIP provider's surcharge collections under section 5307 for the five years immediately preceding the effective date of this section.
(3) The remaining amount distributed to each 911 system shall be based on the ratio that its average reported allowable 911 system costs for the five years immediately preceding the effective date of this paragraph bear to the average reported allowable 911 system costs for all 911 systems for the five years immediately preceding the effective date of this paragraph.
(g) Surplus.--
(1) If excess money remains available in the fund after the distribution and balanced disbursements required under subsections (d) and (e), the agency shall distribute the remaining money for the enhancement, operation or maintenance of 911 systems as provided under subsection (d)(1) in this Commonwealth in accordance with the Statewide 911 system plan.
(2) If the fund experiences a surplus as described in this section for eight consecutive quarters, the agency shall provide written notice of the surplus to the General Assembly and the written notice shall include a recommended reduced surcharge for consideration by the General Assembly.
(3) The written notice required under paragraph (2) shall be submitted to the General Assembly within 60 days after the end of the eighth consecutive quarter experiencing the surplus.
(h) County or city action required.--A county or city of the third class shall not be eligible to receive funds under this section unless the governing body of the county or city adopts a resolution or ordinance authorizing acceptance of the funds. The county or city shall provide public notice of the intent to adopt the resolution or ordinance. A copy of the resolution or ordinance shall be provided to the agency.
(i) Audits.--
(1) The fund shall be audited in a manner and on a frequency consistent with other restricted receipts accounts administered by the Commonwealth.
(2) The agency shall require a biennial performance audit of each PSAP's use of the disbursements it has received from the fund, including amounts placed in capital or operating reserve consistent with published guidelines established by the agency.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.)
2019 Amendment. Act 17 amended subsec. (d)(2).
2015 Amendment. Act 12 added section 5306.1.
Cross References. Section 5306.1 is referred to in sections 5302, 5303 of this title.
§ 5306.2. Uniform 911 surcharge.
(a) Surcharge imposed.--Each subscriber or consumer shall pay a surcharge of $1.65 for each 911 communications service or prepaid wireless device for which that subscriber or consumer is billed by a provider or seller as provided for under this chapter. The surcharge shall be collected apart from and in addition to a fee levied by the provider or seller, in whole or in part, for the provision of 911 services. The surcharge shall be subject to the following:
(1) The surcharge shall be uniform, competitively neutral and in an equal amount for subscribers or consumers of all 911 communications services.
(2) Except as provided under section 5307.1 (relating to payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service), the surcharge shall be paid to the State Treasurer for deposit in the fund. The Treasurer may retain up to 1% of the remitted surcharge to pay expenses directly related to the cost of collection.
(3) No subscriber or consumer shall be required to pay more than one surcharge per number or device.
(b) Provider administrative costs.--Each provider collecting the surcharge may retain an amount not to exceed 1% of the gross receipts of surcharges collected as reimbursement for its actual administrative costs.
(c) Collection of surcharge.--The collection of the surcharge by each provider shall be subject to the following:
(1) Providers shall collect the surcharge on behalf of the agency as part of their billing process and shall have no obligation to take any legal action to enforce the collection of the surcharge. Action may be brought by or on behalf of the agency. Upon written request of the agency, each wireless provider shall annually provide a list of the names and addresses of those wireless service customers whose accounts are considered a bad debt as determined by the provider's books and records that have failed to pay the surcharge.
(2) Providers shall not be liable for the unpaid amounts.
(3) If a provider receives a partial payment for a monthly bill from a subscriber, the provider shall apply the payment against the amount the subscriber owes the provider first and shall remit to the State Treasurer the lesser amount, if any, resulting from the application.
(4) The surcharge shall not be:
(i) Subject to taxes or charges levied by the Commonwealth or a political subdivision of this Commonwealth or an intergovernmental agency for 911 funding purposes on a provider, seller or consumer with respect to the sale, purchase, use or provision of a communication service.
(ii) Considered revenue of the provider.
(5) Nothing under this chapter shall prevent a provider from recovering costs of implementing and maintaining 911 communications service directly from the provider's subscribers, whether itemized on the subscriber's bill or by any other lawful method.
(6) Funds remaining in a State or county 911 fund prior to the effective date of this section shall only be used for purposes relating to the operation of 911 systems.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5306.2.
§ 5307. Payment, collection and remittance of surcharge by providers of 911 communications services.
(a) Collection and remittance of surcharge.--
(1) Providers shall assess and collect the surcharge monthly from each subscriber and forward the collection quarterly less the actual uncollectibles to the State Treasurer for deposit in the fund.
(2) The surcharge shall be stated separately in the subscriber billing.
(3) (Deleted by amendment).
(b) Multiline telephone systems.--In the case of Centrex or similar multiline telephone system subscribers, except PBX subscribers, the following multipliers shall be applied to determine the rate of the surcharge for each subscriber:
(1) For the first 25 lines, each line shall be assessed the surcharge.
(2) For lines 26 through 100, each line shall be assessed 75% of the surcharge.
(3) For lines 101 through 250, each line shall be assessed 50% of the surcharge.
(4) For lines 251 through 500, each line shall be assessed 20% of the surcharge.
(5) For lines 501 or more, each line shall be assessed 17.2% of the surcharge.
(6) As of August 1, 2015, for each digital transmission link, including primary rate interface service or Digital Signal-1 (DS-1) level service, or equivalent, that can be channelized and split into 23 or 24 voice-grade or data-grade channels for voice communications, that when the digits 9-1-1 are dialed provides the subscriber access to a PSAP through permissible interconnection to the dedicated 911 system, a subscriber's assessments shall be increased to 23 surcharges per transmission link.
(7) Each VoIP provider shall collect the uniform 911 surcharge for the number of VoIP service lines for which the VoIP provider has enabled the capacity for simultaneous outbound calls regardless of actual usage.
(8) Each VoIP provider that remits the surcharge shall certify the accuracy of the remittance annually as required using agency procedures and forms.
(c) Applicability.--The provisions of this section shall not apply to sellers or consumers of prepaid wireless telecommunications service.
(d) Reimbursement to municipalities.--(Deleted by amendment).
(e) Collection enforcement.--(Deleted by amendment).
(f) Prohibition against release of information.--(Deleted by amendment).
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
Cross References. Section 5307 is referred to in section 5306.1 of this title.
§ 5307.1. Payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service.
(a) Surcharge.--The following apply:
(1) The surcharge shall be collected by the seller from the consumer per each retail transaction occurring in this Commonwealth.
(2) The surcharge shall be applied to the cost of each retail transaction regardless of whether the retail transaction occurred in person, by telephone, through the Internet or by any other method. A retail transaction that is conducted in person by a consumer at a business location of the seller shall be treated as occurring in this Commonwealth if that business location is in this Commonwealth. Any other retail transaction shall be treated as occurring in this Commonwealth if the retail transaction is treated as occurring in this Commonwealth under section 202(e.1) of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
(3) The surcharge shall be either separately stated on an invoice, receipt or other similar document that is provided to the consumer by the seller or otherwise conspicuously disclosed to the consumer by the seller.
(4) The surcharge is a liability of the consumer and not of the seller or any provider, except that the seller shall be liable to remit any surcharge collected from a consumer as provided under paragraph (6), including the charges that the seller is deemed to collect if the amount of the surcharge has not been separately stated on an invoice, receipt or other similar document provided to the consumer by the seller.
(5) The amount of the surcharge that is collected by a seller from a consumer, whether or not the amount is separately stated on an invoice, receipt or similar document provided to the consumer by the seller, shall not be included in the base for measuring a tax, fee, surcharge or other charge that is imposed by the Commonwealth, a political subdivision or an intergovernmental agency.
(6) The surcharge collected by a seller, less 1.5% that may be retained by the seller to cover administrative costs, shall be remitted to the Department of Revenue at the times provided under Article II of the Tax Reform Code of 1971. The department shall establish payment procedures that substantially coincide with the payment procedures of Article II of the Tax Reform Code of 1971, except the department may require the filing of returns and the payment of the surcharge by electronic means.
(7) The assessment, audit, appeal, collection and enforcement procedures and other provisions of the Tax Reform Code of 1971 shall apply to the surcharge collected and remitted under this section.
(8) The provision of section 5311.1 (relating to immunity) shall apply to prepaid wireless providers and sellers.
(9) The surcharge shall be the only 911 funding obligation imposed regarding prepaid wireless telecommunications service in this Commonwealth. A tax, fee, surcharge or other charge may not be imposed by the Commonwealth, a political subdivision or an intergovernmental agency for 911 funding purposes on a seller or consumer with respect to the sale, purchase, use or provision of prepaid wireless telecommunications service. The surcharge shall not be considered revenue of any seller.
(10) Each seller that remits the surcharge shall certify the accuracy of the remittance annually using the procedures and forms provided by the agency.
(b) Department of Revenue.--The following shall apply to the department:
(1) The department shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions for sales and use tax purposes under Article II of the Tax Reform Code of 1971.
(2) The department shall pay all remitted surcharges to the State Treasurer for deposit into the fund within 30 days of receipt for use as provided for under this chapter.
(3) The department may retain up to 1% of remitted surcharges to pay for expenses directly related to the costs of administering the collection and remittance of surcharges collected under this section.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5307.1.
Cross References. Section 5307.1 is referred to in sections 5306.1, 5306.2 of this title.
§ 5308. Expenditures for nonrecurring costs, training, mobile communications equipment, maintenance and operation of 911 systems (Deleted by amendment).
2015 Amendment. Section 5308 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5309. Telephone records.
(a) Access.--A telephone service supplier shall provide customer telephone numbers, names and service addresses to PSAPs when requested by them for use in responding to 911 calls and for the synchronization of required geographic information system (GIS) database layers for geospatial call routing with the master street address guide, the ALI data and site and structure locations and, when required, to providers of emergency notification services and emergency support services, solely for the purposes of delivering or assisting in the delivery of emergency notification services and emergency support services. A wireless provider shall provide the telephone number and geographical location of the wireless device, as required under the FCC E-911 Order, to PSAPs when requested by them for use in responding to 911 calls. Customer telephone numbers, names and service addresses, and telephone numbers and geographical locations of wireless devices, shall remain the property of the disclosing service supplier. The total cost of the 911 system shall include expenses to reimburse telephone service suppliers for providing and maintaining 911 information. A telephone service supplier shall not be reimbursed directly from the fund for providing and maintaining 911 information. This information shall be used only in providing emergency response services to a 911 call, synchronizing master street address guide, ALI and GIS data sets or for purposes of delivering or assisting in the delivery of emergency notification services or emergency support services. A person who uses or discloses ANI/ALI database information for purposes other than providing emergency response services to a 911 call, delivering or assisting in the delivery of emergency notification services commits a misdemeanor of the third degree.
(b) Privacy waived.--Private listing service customers in a 911 service district shall waive the privacy afforded by nonlisted and nonpublished numbers with respect to the delivery of emergency services.
(c) Immunity.--(Deleted by amendment).
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.)
2019 Amendment. Act 17 amended subsec. (a).
§ 5310. Penalty.
(a) Communications with 911 systems.--A person who intentionally calls the 911 emergency number for other than emergency purposes commits a misdemeanor of the third degree.
(b) Information disclosure.--A person commits a misdemeanor of the third degree if the person does any of the following:
(1) Uses or discloses database information for wireless service, VoIP service, other emergency communications service or next generation 911 service or future technology providing the same or similar functionality for purposes other than handling a call to a 911 system, or a system used for other emergency communications service, next generation 911 service or future technology providing the same or similar functionality, without consent of the subscriber or consumer as otherwise provided by applicable Federal or State law.
(2) Knowingly uses the telephone number or database information of a 911 system, other emergency communications service, next generation 911 service, future technology providing the same or similar functionality or VoIP service to avoid any charges for the services of a provider.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
§ 5311. (Reserved).
§ 5311.1. Immunity.
(a) Local government.--A 911 system or a wireless E-911 system run by county and local governments shall be a local agency which shall enjoy local governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties).
(b) Entities.--The following shall not be liable for an act or omission to a person who directly or indirectly uses a 911 emergency service or provides information to 911 systems under this section except for willful or wanton misconduct:
(1) A 911 system.
(2) A 911 service provider.
(3) A provider or communication service provider, including a provider of Next Generation 911 technology.
(4) An officer, director, employee, vendor or agent of an entity listed under paragraphs (1), (2) and (3).
(c) Applicability.--The immunity under subsection (b) shall apply to the following:
(1) The release to PSAPs, providers of emergency notification services or providers of emergency support services of information authorized under this chapter, including nonpublished telephone numbers.
(2) The release to the Federal Communications Commission, the public utility commission, the board or any Federal or Commonwealth agency with the authority to regulate the provision of telecommunications services of telephone company information specified in this section that is not already part of public records, including information regarding the number of liens served by an individual company, except for nonpublic information regarding the company's individual customer names, addresses and telephone numbers.
(3) Interruptions, omissions, defects, errors, mistakes or delays in transmission occurring in the course of the delivery of 911 emergency services and other emergency services, including next generation 911 services under this chapter, unless the interruptions, omissions, defects, errors, mistakes or delays are caused by the willful or wanton misconduct of a person listed under subsection (b).
(4) Any other matter relating to the provision of 911 communications service or a 911 system.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
Cross References. Section 5311.1 is referred to in section 5307.1 of this title.
§ 5311.2. Powers and duties of agency (Deleted by amendment).
2015 Amendment. Section 5311.2 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5311.3. Advisory committee (Deleted by amendment).
2015 Amendment. Section 5311.3 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5311.4. Wireless E-911 Emergency Services Fund (Deleted by amendment).
2015 Amendment. Section 5311.4 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5311.5. Disbursement of fund amounts by agency (Deleted by amendment).
2015 Amendment. Section 5311.5 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5311.6. Reporting (Deleted by amendment).
2015 Amendment. Section 5311.6 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5311.7. Prohibition against release of information.
(a) Annual report of agency.--The annual report of the agency shall be a public document.
(b) Prohibition against release of information.--The State Treasurer, agency, board, employee, agent or representative of a PSAP or public agency shall not divulge any information acquired with respect to any provider, revenues, expenses, trade secrets, commercial information and other proprietary information. Any information acquired shall be kept confidential except that aggregations of information that do not effectively identify numbers of consumers or subscribers, revenues or expenses, trade secrets, commercial information and other proprietary information attributable to any provider may be made public.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
§ 5311.8. Wireless provider and VoIP provider records (Deleted by amendment).
2015 Amendment. Section 5311.8 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5311.9. Immunity (Deleted by amendment).
2015 Amendment. Section 5311.9 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5311.10. Agency funding for wireless E-911 support (Deleted by amendment).
2015 Amendment. Section 5311.10 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5311.11. Rate regulation.
Nothing in this chapter shall be construed to constitute the regulation of the rates charged by providers for any service or feature which they provide to their subscribers or customers or to prohibit charges to a subscriber or customer for any service provided to a subscriber or customer.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
§ 5311.12. Regulations (Deleted by amendment).
2015 Amendment. Section 5311.12 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5311.13. Enforcement (Deleted by amendment).
2015 Amendment. Section 5311.13 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5311.14. Collection and disbursement of VoIP 911 fee (Deleted by amendment).
2015 Amendment. Section 5311.14 was deleted by amendment June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5311.15. Shared residential MLTS service.
Operators of shared residential MLTS serving residential customers shall ensure that a telecommunications system, at least six months after the effective date of this section, is connected to the public switched telephone network such that calls to 911 result in one distinctive ANI and ALI for each living unit.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5311.15.
§ 5311.16. Business MLTS.
(a) General rule.--For an MLTS serving business locations at least six months after the effective date of this section, the MLTS operator shall deliver the 911 call with an ELIN which shall result in one of the following:
(1) An ERL which provides, at a minimum, the building and floor location of a caller.
(2) An ability to direct response through an alternative and adequate means of signaling by the establishment of a private 911 emergency answering point.
(b) Reasonable effort.--The MLTS manager must make a reasonable effort to ensure that 911 callers are aware of the proper procedures for calling for emergency assistance.
(c) Exceptions.--Workspaces with less than 7,000 square feet on a single level, and located on a single contiguous property, are not required to provide more than one ERL, and key telephone systems are not required to provide more than one ERL.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5311.16.
§ 5311.17. Shared communications services.
Providers of shared communications services installed at least six months after the effective date of this section shall assure that the MLTS is connected to the public switched telephone network such that calls to 911 from any telephone result in ALI for each respective ERL of each entity sharing the telecommunications services.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5311.17.
§ 5311.18. Temporary residence.
Businesses providing MLTS service to a temporary residence shall permit the dialing of 911, and the MLTS operator shall ensure that the MLTS is connected to the public switched telephone network. If PBX or other private switch ALI records are not provided for each individual station, the MLTS operator of the temporary residence shall provide specific location information for the caller to the PSAP.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5311.18.
§ 5311.19. Local notification.
In addition to any other requirement of this chapter, applicable to its type of MLTS service, an MLTS operator:
(1) Shall implement local notifications if operating an MLTS service installed after the effective date of this section.
(2) May implement local notification if operating an MLTS service installed before the effective date of this section.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5311.19.
§ 5311.20. ALI database maintenance.
If applicable, MLTS operators must arrange to update the ALI database with an appropriate master street address guide valid address and call-back information for each MLTS telephone, such that the location information specifies the ERL of the caller. These updates must be downloaded or otherwise made available to the ALI database provider as soon as practicable for a new MLTS installation, or within one business day of record completion of the actual changes for MLTS installed before the effective date of this section. The information is subject to all Federal and State privacy and confidentiality laws. The MLTS operator shall audit accuracy of information contained in the ALI database at least once annually.
(June 29, 2015, P.L.36, No.12, eff. 180 days)
2015 Amendment. Act 12 added section 5311.20.
§ 5311.21. Industry standards.
Local exchange carriers and providers shall be responsible for providing 911 call interconnectivity through the use of generally accepted industry standards.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5311.21.
§ 5311.22. Dialing instructions.
An owner or operator of a multiline telephone system installed after the effective date of this section shall ensure that the system is connected to the public switched telephone network in such a manner that when a user dials 911, the emergency call connects directly to the appropriate 911 system:
(1) without first dialing any numbers or set of numbers; and
(2) without being intercepted by a switchboard operator, attendant or other designated onsite individual.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5311.22.
§ 5311.23. MLTS signaling.
An MLTS shall support 911 calling by using any generally accepted industry standard signaling protocol designed to produce an automatic display of caller information on the video terminal of the PSAP call taker unless the MLTS operator is exempt or a waiver has been granted.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5311.23.
§ 5311.24. MLTS operator education.
Each public agency providing 911 educational programs is encouraged to develop a program to educate MLTS operators related to accessing 911 emergency telephone systems and coordinate adequate testing of the MLTS interface to the 911 system.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5311.24.
§ 5311.25. Limitation of liability.
A local exchange carrier, Internet service provider, manufacturer or provider of MLTS, MLTS manager, MLTS operator or 911 service provider shall not be liable for civil damages or penalties as a result of any act or omission, except willful or wanton misconduct, in connection with developing, adopting, operating or implementing any plan or system required under this chapter.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5311.25.
§ 5312. (Reserved).
§ 5312.1. Legislative study (Repealed).
2015 Repeal. Section 5312.1 was repealed June 29, 2015, P.L.36, No.12, effective August 1, 2015.
§ 5313. Legislative report.
Within two years of the effective date of this section, the agency, in consultation with the board, shall prepare and submit to the General Assembly a report and recommendations on the impacts of current and anticipated technological and market changes on the provision of 911 communications service, including:
(1) the structure and adequacy of the surcharge and fund provided for under this chapter;
(2) other local revenue options to support 911 services; and
(3) any benefits that could be derived from dispatching all 911 calls from county PSAPs.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5313.
§ 5314. Inventory.
(a) Comprehensive inventory required.--The agency, in consultation with the board, shall maintain and update on a biennial basis a comprehensive inventory of each county PSAP's facilities, hardware, software, communications infrastructure, network capabilities and related equipment and services procured to determine the status of each PSAP's 911 system's stage of advancement to NG911.
(b) Contents.--The inventory shall include, but is not limited to:
(1) A record of databases, networks, radio, telephone and equipment and correlated networks at each PSAP.
(2) A record of all data systems, including, but not limited to, call and dispatch and record management systems.
(3) Equipment/network system geographic limitations and capabilities.
(4) A record of equipment or facilities that are or can be shared or collocated.
(5) A record of all leased equipment and date of each lease termination date.
(c) Counties to cooperate.--Counties shall cooperate with the agency by providing the information identified in this section and other information deemed necessary by the agency to complete an inventory as required under subsection (a). Counties that do not provide the information requested by the agency within 45 days of the request shall be suspended from any grant or funding program or be required to forfeit fund disbursements.
(June 29, 2015, P.L.36, No.12, eff. imd.; June 28, 2019, P.L.142, No.17, eff. imd.)
2019 Amendment. Act 17 amended subsecs. (a) and (c).
2015 Amendment. Act 12 added section 5314.
§ 5398. Termination (Repealed).
2023 Repeal. Section 5398 was repealed December 13, 2023, P.L.251, No.34, effective immediately.
§ 5399. Prohibited release of information.
(a) Prohibition.--Notwithstanding any other law, in a response to a request under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, a PSAP may not release individual identifying information of an individual calling a 911 center, victim or witness.
(b) Applicability.--This section shall not apply if the PSAP or a court determines that the public interest in disclosure outweighs the interest in nondisclosure.
(c) Definition.--As used in this section, the term "identifying information" includes name, telephone number and home address. The term does not include:
(1) The location of the incident, unless the location is the caller's, victim's or witness's home address or the disclosure of the location would compromise the identity of the caller, victim or witness.
(2) The street block identifier, the cross street or the mile marker nearest the scene of the incident, which shall be public.
(May 24, 2016, P.L.228, No.30, eff. 60 days)
2016 Amendment. Act 30 added section 5399.