47-U.S.C.-615A

47-U.S.C.-615A

§615A – Service Provider Parity of Protection

Pathway

Title 47 > Chapter 5 > Subchapter VI > Section 615a

Details

  • Reference: Section 615a
  • Legend: §615A – Service Provider Parity of Protection
  • USCode Year: 2013

Provision Content

(a) Provider parity

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) User parity

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) PSAP parity

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) Basis for enactment

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.

(Pub. L. 106–81, §4, Oct. 26, 1999, 113 Stat. 1288; Pub. L. 110–283, title II, §201(a), July 23, 2008, 122 Stat. 2624.)

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.

U.S. Encyclopedia of Law Coverage

47-U.S.C.-605 in the Legal Encyclopedia: Wire or Radio Communication

In this entry about 47-U.S.C.-605, find legal reference material, bibliographies and premiere content related to wire or radio communication in the American Encyclopedia of Law, presenting a comprehensive view of the United States wire or radio communication-specific issues, written by authorities in the field.

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