Section 9. Telephone records.
(a) Access.--Each 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, 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. Each wireless provider shall provide the telephone number and geographical location of the wireless device, as required pursuant to the FCC E-911 Order, to PSAPs when requested by them for use in responding to 911 calls. Although customer telephone numbers, names and service addresses shall be available to PSAPs, providers of emergency notification services and providers of emergency support services, and the telephone numbers and geographical locations of wireless devices shall be available to PSAPs, such information shall remain the property of the disclosing service supplier. The total cost of the 911 system or wireless E-911 system shall include expenses to reimburse telephone service suppliers for providing and maintaining 911 information; provided, however, that nothing in this section shall permit a telephone service supplier to 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 or for purposes of delivering or assisting in the delivery of emergency notification services or emergency support services, except as provided in subsection (c). A person who uses or discloses ANI/ALI data base information for purposes other than providing emergency response services to a 911 call, delivering or assisting in the delivery of emergency notification services or emergency support services or other than as provided in subsection (c) 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.--No telephone company, wireless provider or vendor or agent, employee or director of a telephone company, wireless provider or vendor that provides information to PSAPs, providers of emergency notification services or providers of emergency support services shall be liable to any person who directly or indirectly uses the 911 emergency service or wireless E-911 emergency service established under this act or provides information to 911 systems or wireless E-911 systems with respect to the delivery of emergency services:
(1) for release to PSAPs, providers of emergency
notification services or providers of emergency support
services of information specified in this section, including
nonpublished telephone numbers;
(2) for release to the commission, the Federal
Communications Commission or any other 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, where applicable,
information regarding numbers of lines served by an
individual company but excluding nonpublic information
regarding the company's individual customer names, addresses
and telephone numbers; or
(3) for interruptions, omissions, defects, errors,
mistakes or delays in transmission occurring in the course of
the delivery of emergency services or wireless E-911 service
under this act, unless such interruptions, omissions,
defects, errors, mistakes or delays are caused by the willful
or wanton misconduct of the telephone company, wireless
provider or vendor, their agents, employees or directors;
provided, however, that nothing herein shall preclude the
application of any commission tariff or regulation within its
jurisdiction pertaining to allowances for telephone service
interruptions.
(9 amended Dec. 30, 2003, P.L.384, No.56)