Counties

Act 78 of 1990, § 4, under PUBLIC SAFETY EMERGENCY TELEPHONE ACT.

Act 78 of 1990, § 4

Section 4. Counties.

(a) Powers and duties.--The board of county commissioners, or, in a home rule county, the appropriate body according to the home rule charter, shall have the following powers and duties in relation to a 911 system and wireless E-911 system: (Intro. par. amended Dec. 30, 2003, P.L.384, No.56)

(1) To designate a member of county government as a

county 911 coordinator who shall serve as a point of contact

with the agency and shall develop a county plan for the

implementation, operation and maintenance of a 911 system.

Where technologically feasible, the county plan shall be

adequate to provide service for the entire county.

(2) To make arrangements with each telephone company

providing local exchange telephone service within the

county's jurisdiction to provide 911 service.

(3) To send a copy of the proposed county plan to the

appropriate telephone company upon submission of the plan to

the agency.

(4) To cooperate with the agency, the council and the

commission in preparation and submission of the county plan

and contribution rate.

(5) To execute all contracts, mutual aid agreements,

cross-service agreements and all other necessary documents

which may be required in the implementation of the county

plan.

(6) To annually request from each telephone service

provider who shall provide a list of the provider's local

telephone exchanges within the county and the addresses of

that provider's central offices serving those exchanges.

(7) To notify the agency and all adjacent counties of

all local telephone exchanges which provide telephone service

to residents within the county, specifically noting any such

exchanges known to provide telephone service to residents of

more than one county. Such notice shall be provided at the

time the county plan is submitted to the agency and when

local telephone service is newly initiated for local

telephone exchange within the county.

(8) To cooperate with the Pennsylvania State Police.

Subject to subparagraphs (i) through (iii), a county that

utilizes ANI/ALI data base 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 data base information relating to 911 calls for

emergency services, whether the data base is held by the

county or by a commercial entity.

(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 data base information; and

(B) all such 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 data base information to which

access is authorized or enabled under this paragraph or

section 4.1(a)(3) shall be used only in providing

emergency response services to a 911 call. A person who

uses or discloses such ANI/ALI data base information for

any other purpose commits a misdemeanor of the third

degree.

(iii) Nothing contained in this paragraph shall be

construed to impose on wireless 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

data base information which may be accessed by or

provided to the Pennsylvania State Police under this

paragraph.

((8) added Dec. 30, 2003, P.L.384, No.56)

(9) To comply with reporting requirements established by

the agency. ((9) added Dec. 30, 2003, P.L.384, No.56)

(b) Persons outside the county.--When an individual physically resides in an adjacent county, but receives local exchange telephone service from a central office in a county which provides 911 service, it shall be the responsibility of the county with the 911 service to notify the appropriate public agency of a request for emergency service from such an individual.

(c) Cities of the second class, second class A and third class.--Any city of the second class, second class A or third class that has established a 911 system prior to the effective date of this act may exercise the powers and duties of counties under this act. Any city of the second class, second class A or third class that has not established a 911 system prior to the effective date of this act may exercise the powers and duties of counties under this act only when the county has chosen not to exercise those powers and duties. The powers and duties granted to cities under this section shall be applicable and may be exercised only within the boundaries of the city. No action by a city pursuant to this section shall preempt the powers and duties of a county to establish a 911 system outside the boundaries of the city at any time. The agency may establish regulations governing the exercise of powers and duties granted to cities of the second class, second class A and third class by this section.

(4 amended Feb. 12, 1998, P.L.64, No.17)