§615a — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

Gives legal protection from lawsuits to wireless carriers, internet-phone (IP-enabled) providers, and other emergency communications providers, plus their officers, employees, vendors, and agents. They must have at least as much protection in each State as local phone companies do under federal and State law. That protection covers actions like giving subscriber information to 9-1-1 centers, emergency medical services, dispatchers, public safety, fire, police, or hospital emergency units. People who call 9-1-1 by wireless or internet phone get at least the same legal protection as people who call by other means. Public safety answering points (PSAPs), their staff, vendors, agents, and any authorizing government also get at least the same protection for wireless or internet-phone 9-1-1 calls as for other 9-1-1 calls. Congress passed this under its enforcement power in section 5 of the Fourteenth Amendment and its power to regulate commerce with foreign nations, among the several States, and with Indian tribes.

Title 47, §615a

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)A wireless carrier, IP-enabled voice service provider, or other emergency communications provider, and their officers, directors, employees, vendors, and agents, shall have immunity or other protection from liability in a State of a scope and extent that is not less than the scope and extent of immunity or other protection from liability that any local exchange company, and its officers, directors, employees, vendors, or agents, have under Federal and State law (whether through statute, judicial decision, tariffs filed by such local exchange company, or otherwise) applicable in such State, including in connection with an act or omission involving the release to a PSAP, emergency medical service provider or emergency dispatch provider, public safety, fire service or law enforcement official, or hospital emergency or trauma care facility of subscriber information related to emergency calls, emergency services, or other emergency communications services.

(b)A person using wireless 9–1–1 service, or making 9–1–1 communications via IP-enabled voice service or other emergency communications service, shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under applicable law in similar circumstances of a person using 9–1–1 service that is not via wireless 9–1–1 service, IP-enabled voice service, or other emergency communications service.

(c)In matters related to 9–1–1 communications via wireless 9–1–1 service, IP-enabled voice service, or other emergency communications service, a PSAP, and its employees, vendors, agents, and authorizing government entity (if any) shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under applicable law accorded to such PSAP, employees, vendors, agents, and authorizing government entity, respectively, in matters related to 9–1–1 communications that are not via wireless 9–1–1 service, IP-enabled voice service, or other emergency communications service.

(d)This section is enacted as an exercise of the enforcement power of the Congress under section 5 of the Fourteenth Amendment to the Constitution and the power of the Congress to regulate commerce with foreign nations, among the several States, and with Indian tribes.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Wireless Communications and Public Safety Act of 1999, and not as part of the Communications Act of 1934 which comprises this chapter.

Amendments

2008—Pub. L. 110–283, § 201(a)(1), substituted “Service provider parity of protection” for “Parity of protection for provision or use of wireless service” in section catchline. Subsec. (a). Pub. L. 110–283, § 201(a)(2), substituted “wireless carrier, IP-enabled voice service provider, or other emergency communications provider, and their officers” for “wireless carrier, and its officers” and “emergency calls, emergency services, or other emergency communications services” for “emergency calls or emergency services”. Subsec. (b). Pub. L. 110–283, § 201(a)(3), substituted “using wireless 9–1–1 service, or making 9–1–1 communications via IP-enabled voice service or other emergency communications service, shall” for “using wireless 9–1–1 service shall” and “that is not via wireless 9–1–1 service, IP-enabled voice service, or other emergency communications service” for “that is not wireless”. Subsec. (c). Pub. L. 110–283, § 201(a)(4), substituted “9–1–1 communications via wireless 9–1–1 service, IP-enabled voice service, or other emergency communications service, a PSAP” for “wireless 9–1–1 communications, a PSAP” and “that are not via wireless 9–1–1 service, IP-enabled voice service, or other emergency communications service” for “that are not wireless”.

§615a Service Provider Parity of Protection

Summary

Title 47, §615a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata