SUBCHAPTER V—NEXT GENERATION 9–1–1 ADVANCEMENT ACT OF 2012

§1471. Definitions

In this subchapter, the following definitions shall apply:

(1) 9–1–1 services and E9–1–1 services

The terms "9–1–1 services" and "E9–1–1 services" shall have the meaning given those terms in section 942 of this title.

(2) Multi-line telephone system

The term "multi-line telephone system" or "MLTS" means a system comprised of common control units, telephone sets, control hardware and software and adjunct systems, including network and premises based systems, such as Centrex and VoIP, as well as PBX, Hybrid, and Key Telephone Systems (as classified by the Commission under part 68 of title 47, Code of Federal Regulations), and includes systems owned or leased by governmental agencies and non-profit entities, as well as for profit businesses.

(3) Office

The term "Office" means the 9–1–1 Implementation Coordination Office established under section 942 of this title.

(Pub. L. 112–96, title VI, §6502, Feb. 22, 2012, 126 Stat. 237.)

§1472. Parity of protection for provision or use of Next Generation 9–1–1 services

(a) Immunity

A provider or user of Next Generation 9–1–1 services, a public safety answering point, and the officers, directors, employees, vendors, agents, and authorizing government entity (if any) of such provider, user, or public safety answering point, shall have immunity and protection from liability under Federal and State law to the extent provided in subsection (b) with respect to—

(1) the release of subscriber information related to emergency calls or emergency services;

(2) the use or provision of 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 services; and

(3) other matters related to 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 services.

(b) Scope of immunity and protection from liability

The scope and extent of the immunity and protection from liability afforded under subsection (a) shall be the same as that provided under section 615a of this title to wireless carriers, public safety answering points, and users of wireless 9–1–1 service (as defined in paragraphs (4), (3), and (6), respectively, of section 615b of this title ¹) with respect to such release, use, and other matters.

(Pub. L. 112–96, title VI, §6506, Feb. 22, 2012, 126 Stat. 242.)

Editorial Notes

References in Text

Section 615b of this title, referred to in subsec. (b), was in the original a reference to section 6 of the Wireless Communications and Public Safety Act of 1999, Pub. L. 106–81, and was translated as if it had been a reference to section 7 of Pub. L. 106–81, which is classified to section 615b of this title, to reflect the probable intent of Congress and the renumbering of section 6 of Pub. L. 106–81 as section 7 by Pub. L. 110–283, title I, §101(1), July 23, 2008, 122 Stat. 2620. Pub. L. 110–283, title I, §101(3), July 23, 2008, 122 Stat. 2620 enacted a new section 6 of the Wireless Communications and Public Safety Act of 1999 which is classified to section 215a–1 of this title, but that section does not contain definitions.

¹ See References in Text note below.

§1473. Commission proceeding on autodialing

(a) In general

Not later than 90 days after February 22, 2012, the Commission shall initiate a proceeding to create a specialized Do-Not-Call registry for public safety answering points.

(b) Features of the registry

The Commission shall issue regulations, after providing the public with notice and an opportunity to comment, that—

(1) permit verified public safety answering point administrators or managers to register the telephone numbers of all 9–1–1 trunks and other lines used for the provision of emergency services to the public or for communications between public safety agencies;

(2) provide a process for verifying, no less frequently than once every 7 years, that registered numbers should continue to appear upon the registry;

(3) provide a process for granting and tracking access to the registry by the operators of automatic dialing equipment;

(4) protect the list of registered numbers from disclosure or dissemination by parties granted access to the registry; and

(5) prohibit the use of automatic dialing or "robocall" equipment to establish contact with registered numbers.

(c) Enforcement

The Commission shall—

(1) establish monetary penalties for violations of the protective regulations established pursuant to subsection (b)(4) of not less than $100,000 per incident nor more than $1,000,000 per incident;

(2) establish monetary penalties for violations of the prohibition on automatically dialing registered numbers established pursuant to subsection (b)(5) of not less than $10,000 per call nor more than $100,000 per call; and

(3) provide for the imposition of fines under paragraphs (1) or (2) that vary depending upon whether the conduct leading to the violation was negligent, grossly negligent, reckless, or willful, and depending on whether the violation was a first or subsequent offence.

(Pub. L. 112–96, title VI, §6507, Feb. 22, 2012, 126 Stat. 243.)