§ 39-21.1-1. Purpose.
(a) The purpose of this chapter is to establish the number 911 as the primary emergency
telephone number for use in the state and to develop and improve emergency communications
procedures and facilities with the objective of reducing 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 911 service in the state. The citizens of this state enjoy enhanced 911 service where a public safety answering
point (PSAP) telecommunicator receives the 911 call, the pertinent information about
the nature and location of the emergency by questioning the caller, and confirms the
telephone number and address of the calling party. E-911 saves lives and property
by helping emergency services personnel do their jobs more quickly and efficiently.
(2) E-911 capabilities. E-911 information includes Automatic Location Identification (ALI), which permits
the prompt dispatch of emergency assistance to the street address of the wireline
phone. This capability is especially important where the caller is disoriented, disabled,
unable to speak, or does not know his or her location. ALI also reduces the errors
in reporting the location of the emergency and in forwarding accurate information
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 general assembly finds that ALI and ANI are
critical components of effective emergency services.
(3) Wireless 911 capabilities. Mobility, the primary advantage of wireless technologies, creates complexities for
providing E-911 service, necessitating special action for wireless E-911 services.
(4) The need for wireless E-911 services. It has been reported that the total number of wireless subscribers in the United States
exceeds 42 million, and 9.6 million new subscribers were added in 1995 alone. Currently,
there are almost thirty thousand (30,000) new wireless subscribers each day, amounting
to a forty percent (40%) annual growth rate. Industry studies report that a majority
of new subscribers cite safety and security as a primary reason for purchasing a mobile
phone. These statistics underscore the growing popularity of mobile communications.
With this growth, wireless customers place a large and increasing portion of 911 emergency
calls received by PSAPs. In 1994 alone, almost eighteen million (18,000,000) wireless
calls were made nationwide to 911 and other public service numbers. It is in the health
and safety interests of the citizens of this state that wireless 911 services be enhanced
to provide critical ALI and ANI information.
(5) The FCC mandate for wireless E-911. In July, 1996, the Federal Communications Commission (FCC) took several important
steps to foster major improvements in the quality and reliability of wireless 911
services (FCC Docket No. 94-102). The FCC directed wireless carriers to deliver wireless
E-911 information to PSAPs by April 1, 1998. The FCC also directed that wireless carriers,
by October 1, 2001, identify to the PSAP the latitude and longitude of a mobile unit
making an E-911 call within a radius of 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-911 information. Currently, E-911 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 that PSAPs have the capability to receive and process
wireless E-911 calls, and to require standards of quality of service, performance
of service, and technological compliance of all providers of telecommunication services.
(7) Conditions for providing wireless E-911. The FCC mandate only applies if (a) PSAPs capable of receiving and utilizing the data
elements associated with the E-911 services formally request such services from the
wireless carriers in their jurisdiction and (b) a mechanism for the recovery of costs
relating to the provision of such services is available. The FCC left it to each state
to ensure that a mechanism is in place to permit carriers to recover costs associated
with providing E-911 services. The general assembly finds that it is in the public
interest to ensure that the conditions imposed by the FCC on wireless carriers to
provide E-911 services are met as soon as possible so that the citizens of this state
will have more reliable and efficient wireless emergency services.
(8) The need for a funding mechanism. Wireline Enhanced 911 services in the state are funded by telephone subscribers. Wireless
911 services are not funded. Funding for wireless E-911 service will be necessary
to ensure PSAPs have the necessary systems to be capable of receiving E-911 information
from wireless carriers. Further, given the continued rise in the use of wireless communications,
PSAPs will experience increasing demand and incur additional costs for ongoing operation
and maintenance of the emergency 911 system. Wireless carriers will incur costs to
upgrade systems to be capable of meeting the FCC mandate and will incur a continuous
cost in providing E-911 information. The general assembly finds that the principal
purpose of wireless E-911 funding is for wireless carriers to recover the costs of
providing E-911 services and therefore to fulfill the FCC mandate.
(9) Establishment and purpose of an E-911 emergency services fund. To ensure that adequate and sustained funding for E-911 statewide emergency services
exists so that wireless and wireline E-911 systems can be implemented, maintained,
and provided at optimum technical levels, and E-911 services performed at optimum
skill levels, the legislature finds that it is necessary and proper to establish a
"911 emergency services fund.� The 911 emergency services fund shall be the cost recovery
mechanism for all E-911 service providers and shall serve as the means through which
PSAP upgrades, including upgrades required to receive E-911 information from wireless
carriers, may be implemented and maintained.
(10) Indemnification. Given the complexity of providing E-911 services, the general assembly finds that
it is appropriate to provide immunity from civil liability for landline and wireless
E-911 service providers. Further, the general assembly finds that to encourage innovation
in the provision of emergency services, it is in the public interest to also extend
immunity by statute to any person that provides equipment or services for the establishment,
maintenance, or operation of E-911 services. Immunity would not extend to willful
or wanton acts of misconduct by the E-911 service provider or its employees and agents.