§ 39-21.1-1 - Purpose.
SECTION 39-21.1-1
§ 39-21.1-1 Purpose. – (a) The purpose of this chapter is to establish the number 911 as the primaryemergency telephone number for use in the state and to develop and improveemergency communications procedures and facilities with the objective ofreducing the response time to emergency calls for law enforcement, fire,medical, rescue, and other emergency services.
(b) It is hereby declared by the general assembly that:
(1) Availability and type of 9-1-1 service in thestate. The citizens of this state enjoy enhanced 9-1-1 service where apublic safety answering point (PSAP) telecommunicator receives the 9-1-1 call,the pertinent information about the nature and location of the emergency byquestioning the caller, and confirms the telephone number and address of thecalling party. E 9-1-1 saves lives and property by helping emergency servicespersonnel do their jobs more quickly and efficiently.
(2) E 9-1-1 capabilities. E 9-1-1 information includesAutomatic Location Identification (ALI), which permits the prompt dispatch ofemergency assistance to the street address of the wireline phone. Thiscapability is especially important where the caller is disoriented, disabled,unable to speak or does not know his or her location. ALI also reduces theerrors in reporting the location of the emergency and in forwarding accurateinformation to emergency personnel. Automatic Number Identification (ANI)allows the number of the calling party to be displayed at the PSAP. With ANI,the PSAP can call back the party if the call is disconnected. The generalassembly finds that ALI and ANI are critical components of effective emergencyservices.
(3) Wireless 9-1-1 capabilities. Mobility, the primaryadvantage of wireless technologies, creates complexities for providing E 9-1-1service, necessitating special action for wireless E 9-1-1 services.
(4) The need for wireless E 9-1-1 services. It hasbeen reported that the total number of wireless subscribers in the UnitedStates exceeds 42 million, and 9.6 million new subscribers were added in 1995alone. Currently, there are almost thirty thousand (30,000) new wirelesssubscribers each day, amounting to a forty percent (40%) annual growth rate.Industry studies report that a majority of new subscribers cite safety andsecurity as a primary reason for purchasing a mobile phone. These statisticsunderscore the growing popularity of mobile communications. With this growth,wireless customers place a large and increasing portion of 9-1-1 emergencycalls received by PSAP's. In 1994 alone, almost eighteen million (18,000,000)wireless calls were made nationwide to 9-1-1 and other public service numbers.It is in the health and safety interests of the citizens of this state thatwireless 9-1-1 services be enhanced to provide critical ALI and ANI information.
(5) The FCC Mandate for Wireless E 9-1-1. In July,1996, the Federal Communications Commission (FCC) took several important stepsto foster major improvements in the quality and reliability of wireless 9-1-1services (FCC Docket No. 94-102). The FCC directed wireless carriers todeliver wireless E 9-1-1 information to PSAP's by April 1, 1998. The FCC alsodirected that wireless carriers, by October 1, 2001, identify to the PSAP thelatitude and longitude of a mobile unit making an E 9-1-1 call within a radiusof no more than one hundred twenty-five (125) meters in sixty-seven percent(67%) of all cases.
(6) PSAP'S Ability to Receive Wireless E 9-1-1Information. Currently, E 9-1-1 does not have the necessary systems,facilities, and trained personnel to receive ANI and ALI on wireless calls.It is in the health and safety interests of the citizens of this state thatPSAP's have the capability to receive and process wireless E 9-1-1 calls, andto require standards of quality of service, performance of service, andtechnological compliance of all providers of telecommunication services.
(7) Conditions for Providing Wireless E 9-1-1. The FCCmandate only applies if (a) PSAP's capable of receiving and utilizing the dataelements associated with the E 9-1-1 services formally request such servicesfrom the wireless carriers in their jurisdiction and (b) a mechanism for therecovery of costs relating to the provision of such services is available. TheFCC left it to each state to ensure that a mechanism is in place to permitcarriers to recover costs associated with providing E 9-1-1 services. Thegeneral assembly finds that it is in the public interest to ensure that theconditions imposed by the FCC on wireless carriers to provide E 9-1-1 servicesare met as soon as possible so that the citizens of this state will have morereliable and efficient wireless emergency services.
(8) The Need for a Funding Mechanism. WirelineEnhanced 9-1-1 services in the state are funded by telephone subscribers.Wireless 9-1-1 services are not funded. Funding for wireless E 9-1-1 servicewill be necessary to ensure PSAP's have the necessary systems to be capable ofreceiving E 9-1-1 information from wireless carriers. Further, given thecontinued rise in the use of wireless communications, PSAP's will experienceincreasing demand and incur additional costs for ongoing operation andmaintenance of the emergency 9-1-1 system. Wireless carriers will incur coststo upgrade systems to be capable of meeting the FCC mandate and will incur acontinuous cost in providing E 9-1-1 information. The general assembly findsthat the principal purpose of wireless E 9-1-1 funding is for wireless carriersto recover the costs of providing E 9-1-1 services and therefore to fulfill theFCC mandate.
(9) Establishment and Purpose of an E 9-1-1 EmergencyServices Fund. To ensure that adequate and sustained funding for E 9-1-1statewide emergency services exists so that wireless and wireline E 9-1-1systems can be implemented, maintained, and provided at optimum technicallevels, and E 9-1-1 services performed at optimum skill levels, the legislaturefinds that it is necessary and proper to establish a "9-1-1 emergency servicesfund." The 9-1-1 emergency services fund shall be the cost recovery mechanismfor all E 9-1-1 service providers and shall serve as the means through whichPSAP upgrades, including upgrades required to receive E 9-1-1 information fromwireless carriers may be implemented and maintained.
(10) Indemnification. Given the complexity ofproviding E 9-1-1 services, the general assembly finds that it is appropriateto provide immunity from civil liability for landline and wireless E 9-1-1service providers. Further, the general assembly finds that to encourageinnovation in the provision of emergency services, it is in the public interestto also extend immunity by statute to any person that provides equipment orservices for the establishment, maintenance, or operation of E 9-1-1 services.Immunity would not extend to willful or wanton acts of misconduct by the E9-1-1 service provider or its employees and agents.