Mass. Gen. Laws ch. 6A, sec. 18A — MA Code / Part I / Title II / Chapter 6A / Section 18A
Definitions applicable to Secs. 18A to 18J
Status: in_force

Section 18A. In this section, and in sections 18B to 18J, inclusive, of this chapter, and in section 14A of chapter 166, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Automatic location identification'', an enhanced 911 service capability that allows for the automatic display of information relating to the geographical location of the communication device used to place a 911 call. ''Automatic number identification'', an enhanced 911 service capability that allows for the automatic display of a telephone number used to place or route a 911 call. ''Commission'', the state 911 commission. ''Communication services'', includes any of the following: (a) the transmission, conveyance or routing of real-time, two-way voice communications to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave, wireline, wireless or other medium or method, regardless of the protocol used; (b) the ability to provide two-way voice communication on the public switched network; (c) wireless enhanced 911 service; (d) wireline enhanced 911 service; (e) interconnected VoIP provider service as defined by the regulations of the FCC regulations; (f) IP–enabled service; or (g) prepaid wireless service. ''Communication service provider'', an entity that provides communication services to a subscriber or end user. ''Department'', the state 911 department. ''Director'', the executive director of the state 911 department. ''Emergency medical dispatch'', the management of requests for emergency medical assistance by utilizing a system of: (a) tiered response or priority dispatching of emergency medical resources based on the level of medical assistance needed by the victim; and (b) pre-arrival first aid or other medical instructions given by trained personnel responsible for receiving 911 calls and directly dispatching emergency response services. ''End user'', a person who uses communication services. ''Enhanced 911 Fund'', the fund established under section 35JJ of chapter 10. ''Enhanced 911 service provider'', any entity that provides 1 or more of the following 911 elements: network, database or PSAP customer premises equipment. ''Enhanced 911 service'', a service consisting of communication network, database and equipment features provided for subscribers or end users of communication services enabling such subscribers or end users to reach a PSAP by dialing the digits 911, or by other means approved by the department, that directs calls to appropriate PSAPs based on selective routing and provides the capability for automatic number identification and automatic location identification. ''Enhanced 911 network features'', the components of enhanced 911 service that provide selective routing, automatic number identification and automatic location identification. ''Enhanced 911 systems'', a distinct entity or geographical segment in which enhanced 911 service is provided, consisting of network routing elements serving as a control office and trunking connecting all central offices within a geographical segment, and including PSAPs and network used to deliver location data to PSAPs from a data base. ''FCC'', the Federal Communications Commission. ''FCC order'', all orders issued by the FCC under the proceeding entitled ''Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems'' (CC Docket No. 94–102; RM 8143), or any successor proceeding, including all other criteria established therein, regarding the delivery of wireless enhanced 911 service by a wireless carrier, and all orders issued by the FCC under the proceeding entitled ''In the Matter of IP–Enabled Services; E911 Requirements for IP–Enabled Service Providers''(WC Docket No 05–196), or any successor proceeding, including all other criteria established therein, regarding the delivery of enhanced 911 service by an IP–enabled service provider. ''Governmental body'' shall include any governmental body as defined in section 11A of chapter 30A or section 23A of chapter 39. ''Interconnected VoIP service'', voice over the internet protocol services as defined by the FCC in 47 CFR 9.3. ''IP–enabled service'', a service, device or application which makes use of Internet Protocol, or IP, and capable of entering the digits 911, or by other means as approved by the department, for the purposes of interconnecting users to the enhanced 911 system including, but not limited to, voice over IP and other services, devices, or applications provided through or using wireline, cable, wireless, or satellite facilities or any other facility that may be provided in the future. ''Limited secondary PSAP'', a PSAP equipped, at a minimum, with automatic number identification and automatic location identification display or printout capability. It receives 911 calls only if transferred from the primary PSAP. Data sent to a limited secondary PSAP cannot be re-routed to another location and may not necessarily be transmitted simultaneously with the voice call. ''Local exchange service'', telephone exchange lines or channels that provide local access from the premises of a subscriber in the commonwealth to the local telecommunications network to effect the transfer of information. ''Network components'', any software or hardware for a control switch, other switch modification, trunking or any components of a computer storage system or database used for selective routing of 911 calls, automatic number identification and automatic location identification, including a PSAP. ''Next generation 911'', an enhanced 911 system that incorporates the handling of all 911 calls and messages, including those using IP–enabled services or other advanced communications technologies in the infrastructure of the 911 system itself. ''Prepaid wireless telephone service'', wireless service that is activated in advance by payment for a finite dollar amount of service or minutes that terminates either upon use by a customer and delivery by the wireless provider of an agreed-upon amount of service or minutes, unless the customer makes additional payments. ''Prepaid wireless telephone service provider'', an entity providing prepaid wireless telephone service at retail or wholesale. ''PSAP customer premises equipment'', enhanced 911 call processing equipment located at a PSAP. ''Primary PSAP'', a PSAP equipped with automatic number identification and automatic location identification displays, and is the first point of reception of a 911 call. It serves the municipality in which it is located. ''Private safety department'', an entity, except for a municipality or a public safety department, that provides emergency police, fire, ambulance or medical services. ''Public safety answering point'' or ''PSAP'', a facility assigned the responsibility of receiving 911 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 911 calls to other public or private safety agencies or other PSAPs. ''Public safety department'', a functional division of a municipality or a state that provides fire fighting, law enforcement, ambulance, medical or other emergency services. ''Regional emergency communication center'', a facility operated by or on behalf of 2 or more municipalities or governmental bodies, or combination thereof, as approved by the department, that enter into an agreement for the establishment and provision of regional dispatch and coordination of emergency services for all such municipalities or governmental bodies including, but not limited to, a regional PSAP that provides enhanced 911 service and police, fire protection, and emergency medical services dispatch, including services provided by a private safety department. The regional PSAP portion of the center shall be equipped with automatic number identification and automatic location identification displays, as approved by the department, and is the first point of reception of a 911 call. ''Regional PSAP'', a PSAP operated by or on behalf of 2 or more municipalities or governmental bodies, or combination thereof, approved by the department, for the operation of enhanced 911 call taking and call transfer activities. A regional PSAP may also be engaged in, by agreement, the dispatching or control of public safety resources serving some or all of the municipalities or governmental bodies that comprise the regional PSAP, including where services are provided by a private safety department. If the regional PSAP serves all such municipalities or governmental bodies for the operation of enhanced 911 call taking and call transfer activities and dispatch services including where dispatch services are provided by a private safety department, it shall be considered a regional emergency communication center for the purposes of section 18B. The regional PSAP shall be equipped with automatic number identification and automatic location identification displays, as approved by the department, and is the first point of reception of a 911 call. ''Regional secondary PSAP'', a facility operated by or on behalf of 3 or more municipalities or governmental bodies, or a combination thereof, approved by the department, that enter into an agreement for the establishment and provision of regional dispatch and coordination of either police, fire protection or emergency medical services, or any combination thereof. A regional secondary PSAP is equipped with automatic number identification and automatic location identification displays. It receives 911 calls only when transferred from a primary or regional PSAP or on an alternative routing basis when calls cannot be completed to the primary or regional PSAP. ''Retail'', sales by a prepaid wireless telephone service provider directly to the end user or to a non-prepaid wireless telephone service provider through a voluntary contractual relationship in which the service is sold directly to the end user on behalf of the prepaid wireless telephone service provider. ''Ringing PSAP'', a PSAP equipped for receipt of voice communications only, and may not operate 24 hours each day. It receives 911 calls that are transferred from the primary PSAP. ''Secondary PSAP'', a PSAP equipped with automatic number identification and automatic location identification displays. It receives 911 calls only when they are transferred from the primary PSAP or on an alternative routing basis when calls cannot be completed to the primary PSAP. ''Selective routing'', the method to direct 911 calls to the appropriate PSAP using a call routing database derived from the geographical location from which the call originated. ''Subscriber'', a person who uses communication services. ''Telephone company'', a person, firm, corporation, association or joint stock association or company, as defined in chapter 159, furnishing or rendering local telephone exchange service. ''VoIP or voice over internet protocol'', a type of IP–enabled service that allows for the two-way real time transmission of voice communications and has access to the public switched network. ''Wholesale'', sales by the prepaid wireless telephone service provider to a non-prepaid wireless telephone service provider that sells service on behalf of the prepaid wireless telephone service provider. ''Wireless carrier'', a commercial mobile radio service, as defined in 47 USC 332(d), including resellers and prepaid providers of wireless services. ''Wireless enhanced 911 service'', the service required to be provided by wireless carriers under, and governed by, FCC order. ''Wireless state police PSAP'', a state police facility assigned the responsibility of primarily or entirely receiving wireless 911 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 911 calls to other public or private safety departments or other PSAPs. ''Wireline carrier'', an incumbent local exchange carrier or local exchange carrier operating in the commonwealth, or a telephone company, or any other person, corporation or entity that provides local exchange service. ''Wireline enhanced 911 service'', service provided by a wireline carrier that connects a subscriber dialing or entering the digits 911 to a PSAP.

Section 18A. In this section, and in sections 18B to 18J, inclusive, of this chapter, and in section 14A of chapter 166, the following words shall, unless the context clearly requires otherwise, have the following meanings:

''Automatic location identification'', an enhanced 911 service capability that allows for the automatic display of information relating to the geographical location of the communication device used to place a 911 call.

''Automatic number identification'', an enhanced 911 service capability that allows for the automatic display of a telephone number used to place or route a 911 call.

''Commission'', the state 911 commission.

''Communication services'', includes any of the following: (a) the transmission, conveyance or routing of real-time, two-way voice communications to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave, wireline, wireless or other medium or method, regardless of the protocol used; (b) the ability to provide two-way voice communication on the public switched network; (c) wireless enhanced 911 service; (d) wireline enhanced 911 service; (e) interconnected VoIP provider service as defined by the regulations of the FCC regulations; (f) IP–enabled service; or (g) prepaid wireless service.

''Communication service provider'', an entity that provides communication services to a subscriber or end user.

''Department'', the state 911 department.

''Director'', the executive director of the state 911 department.

''Emergency medical dispatch'', the management of requests for emergency medical assistance by utilizing a system of: (a) tiered response or priority dispatching of emergency medical resources based on the level of medical assistance needed by the victim; and (b) pre-arrival first aid or other medical instructions given by trained personnel responsible for receiving 911 calls and directly dispatching emergency response services.

''End user'', a person who uses communication services.

''Enhanced 911 Fund'', the fund established under section 35JJ of chapter 10.

''Enhanced 911 service provider'', any entity that provides 1 or more of the following 911 elements: network, database or PSAP customer premises equipment.

''Enhanced 911 service'', a service consisting of communication network, database and equipment features provided for subscribers or end users of communication services enabling such subscribers or end users to reach a PSAP by dialing the digits 911, or by other means approved by the department, that directs calls to appropriate PSAPs based on selective routing and provides the capability for automatic number identification and automatic location identification.

''Enhanced 911 network features'', the components of enhanced 911 service that provide selective routing, automatic number identification and automatic location identification.

''Enhanced 911 systems'', a distinct entity or geographical segment in which enhanced 911 service is provided, consisting of network routing elements serving as a control office and trunking connecting all central offices within a geographical segment, and including PSAPs and network used to deliver location data to PSAPs from a data base.

''FCC'', the Federal Communications Commission.

''FCC order'', all orders issued by the FCC under the proceeding entitled ''Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems'' (CC Docket No. 94–102; RM 8143), or any successor proceeding, including all other criteria established therein, regarding the delivery of wireless enhanced 911 service by a wireless carrier, and all orders issued by the FCC under the proceeding entitled ''In the Matter of IP–Enabled Services; E911 Requirements for IP–Enabled Service Providers''(WC Docket No 05–196), or any successor proceeding, including all other criteria established therein, regarding the delivery of enhanced 911 service by an IP–enabled service provider.

''Governmental body'' shall include any governmental body as defined in section 11A of chapter 30A or section 23A of chapter 39.

''Interconnected VoIP service'', voice over the internet protocol services as defined by the FCC in 47 CFR 9.3.

''IP–enabled service'', a service, device or application which makes use of Internet Protocol, or IP, and capable of entering the digits 911, or by other means as approved by the department, for the purposes of interconnecting users to the enhanced 911 system including, but not limited to, voice over IP and other services, devices, or applications provided through or using wireline, cable, wireless, or satellite facilities or any other facility that may be provided in the future.

''Limited secondary PSAP'', a PSAP equipped, at a minimum, with automatic number identification and automatic location identification display or printout capability. It receives 911 calls only if transferred from the primary PSAP. Data sent to a limited secondary PSAP cannot be re-routed to another location and may not necessarily be transmitted simultaneously with the voice call.

''Local exchange service'', telephone exchange lines or channels that provide local access from the premises of a subscriber in the commonwealth to the local telecommunications network to effect the transfer of information.

''Network components'', any software or hardware for a control switch, other switch modification, trunking or any components of a computer storage system or database used for selective routing of 911 calls, automatic number identification and automatic location identification, including a PSAP.

''Next generation 911'', an enhanced 911 system that incorporates the handling of all 911 calls and messages, including those using IP–enabled services or other advanced communications technologies in the infrastructure of the 911 system itself.

''Prepaid wireless telephone service'', wireless service that is activated in advance by payment for a finite dollar amount of service or minutes that terminates either upon use by a customer and delivery by the wireless provider of an agreed-upon amount of service or minutes, unless the customer makes additional payments.

''Prepaid wireless telephone service provider'', an entity providing prepaid wireless telephone service at retail or wholesale.

''PSAP customer premises equipment'', enhanced 911 call processing equipment located at a PSAP.

''Primary PSAP'', a PSAP equipped with automatic number identification and automatic location identification displays, and is the first point of reception of a 911 call. It serves the municipality in which it is located.

''Private safety department'', an entity, except for a municipality or a public safety department, that provides emergency police, fire, ambulance or medical services.

''Public safety answering point'' or ''PSAP'', a facility assigned the responsibility of receiving 911 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 911 calls to other public or private safety agencies or other PSAPs.

''Public safety department'', a functional division of a municipality or a state that provides fire fighting, law enforcement, ambulance, medical or other emergency services.

''Regional emergency communication center'', a facility operated by or on behalf of 2 or more municipalities or governmental bodies, or combination thereof, as approved by the department, that enter into an agreement for the establishment and provision of regional dispatch and coordination of emergency services for all such municipalities or governmental bodies including, but not limited to, a regional PSAP that provides enhanced 911 service and police, fire protection, and emergency medical services dispatch, including services provided by a private safety department. The regional PSAP portion of the center shall be equipped with automatic number identification and automatic location identification displays, as approved by the department, and is the first point of reception of a 911 call.

''Regional PSAP'', a PSAP operated by or on behalf of 2 or more municipalities or governmental bodies, or combination thereof, approved by the department, for the operation of enhanced 911 call taking and call transfer activities. A regional PSAP may also be engaged in, by agreement, the dispatching or control of public safety resources serving some or all of the municipalities or governmental bodies that comprise the regional PSAP, including where services are provided by a private safety department. If the regional PSAP serves all such municipalities or governmental bodies for the operation of enhanced 911 call taking and call transfer activities and dispatch services including where dispatch services are provided by a private safety department, it shall be considered a regional emergency communication center for the purposes of section 18B. The regional PSAP shall be equipped with automatic number identification and automatic location identification displays, as approved by the department, and is the first point of reception of a 911 call.

''Regional secondary PSAP'', a facility operated by or on behalf of 3 or more municipalities or governmental bodies, or a combination thereof, approved by the department, that enter into an agreement for the establishment and provision of regional dispatch and coordination of either police, fire protection or emergency medical services, or any combination thereof. A regional secondary PSAP is equipped with automatic number identification and automatic location identification displays. It receives 911 calls only when transferred from a primary or regional PSAP or on an alternative routing basis when calls cannot be completed to the primary or regional PSAP.

''Retail'', sales by a prepaid wireless telephone service provider directly to the end user or to a non-prepaid wireless telephone service provider through a voluntary contractual relationship in which the service is sold directly to the end user on behalf of the prepaid wireless telephone service provider.

''Ringing PSAP'', a PSAP equipped for receipt of voice communications only, and may not operate 24 hours each day. It receives 911 calls that are transferred from the primary PSAP.

''Secondary PSAP'', a PSAP equipped with automatic number identification and automatic location identification displays. It receives 911 calls only when they are transferred from the primary PSAP or on an alternative routing basis when calls cannot be completed to the primary PSAP.

''Selective routing'', the method to direct 911 calls to the appropriate PSAP using a call routing database derived from the geographical location from which the call originated.

''Subscriber'', a person who uses communication services.

''Telephone company'', a person, firm, corporation, association or joint stock association or company, as defined in chapter 159, furnishing or rendering local telephone exchange service.

''VoIP or voice over internet protocol'', a type of IP–enabled service that allows for the two-way real time transmission of voice communications and has access to the public switched network.

''Wholesale'', sales by the prepaid wireless telephone service provider to a non-prepaid wireless telephone service provider that sells service on behalf of the prepaid wireless telephone service provider.

''Wireless carrier'', a commercial mobile radio service, as defined in 47 USC 332(d), including resellers and prepaid providers of wireless services.

''Wireless enhanced 911 service'', the service required to be provided by wireless carriers under, and governed by, FCC order.

''Wireless state police PSAP'', a state police facility assigned the responsibility of primarily or entirely receiving wireless 911 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 911 calls to other public or private safety departments or other PSAPs.

''Wireline carrier'', an incumbent local exchange carrier or local exchange carrier operating in the commonwealth, or a telephone company, or any other person, corporation or entity that provides local exchange service.

''Wireline enhanced 911 service'', service provided by a wireline carrier that connects a subscriber dialing or entering the digits 911 to a PSAP.