35 PA Cons Stat § 5302 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 35 - HEALTH AND SAFETY|Chapter 53 - 911 Emergency Communication Services|Section 5302 - Definitions

§ 5302. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:  "911 communication." Transmission of information to a PSAP for the initial reporting of police, fire, medical or other emergency situation.  "911 communications service." As follows:  (1) A service that allows the two-way transmission, conveyance or routing of voice, data, audio, video or any information of signals, including cable and internet protocol services, to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave or other medium or method in existence on or after the effective date of this definition, regardless of protocol used for the transmission or conveyance, only if that service is capable of contacting a PSAP by entering or dialing the digits 911 and is subject to applicable Federal or State requirements to provide the 911 dialing capability.  (2) The term does not include wireless and Internet-protocol-enabled services that are exempt from Federal Communications Commission regulations for 911 communications service, 911 service and next generation 911 service.  "911 service provider." An entity that provides all or parts of the network, software applications, databases, CPE components and operations and management procedures required to support a 911 system.  "911 system." A system capable of receiving and processing a 911 communication throughout a defined geographic area. The term shall include a county or county-based regional 911 system or a PSAP.  "Advisory committee." (Deleted by amendment).  "Agency." The Pennsylvania Emergency Management Agency.  "ALI." Automatic location information.  "ANI." Automatic number identification.  "Associated with Pennsylvania." (Deleted by amendment).  "Automatic location information." The delivery or receipt of location information, including, but not limited to, the street address or geographic location of a telecommunication device, as specified in the FCC 911 Order, being used to communicate with a 911 system.  "Automatic number identification." The delivery or receipt of a telephone number assigned to a telecommunication device being used to communicate with a 911 system.  "Board." The 911 board established under section 5303(b) (relating to telecommunications management).  "Call." A two-way communication established using a 911 communications service.  "Call-back number." A number used by a public safety answering point to recontact the location from which a 911 call was placed. This number may or may not be the number of the telephone station used to originate the 911 call.  "Commission." (Deleted by amendment).  "Communication service." Any service that provides to a subscriber or consumer the capability to initiate, route, transmit or complete a 911 communication from or through any telecommunication device that utilizes telephone numbers, Internet protocol addresses or functional equivalents or technological successors.  "Competitive local exchange carrier." (Deleted by amendment).  "Consumer." A person who purchases prepaid wireless telecommunications service or a prepaid wireless device in a retail transaction.  "Contribution rate." (Deleted by amendment).  "Council." (Deleted by amendment).  "County." (Deleted by amendment).  "County plan." (Deleted by amendment).  "Department." The Department of Revenue of the Commonwealth.  "Emergency location identification number" or "ELIN." A valid North American Numbering Plan format telephone number assigned to a multiline telephone system operator by the appropriate authority which is used to route the call to a public safety answering point and is used to retrieve the automatic location information for the public safety answering point. The ELIN may be the same number as the automatic number identification. The North American Numbering Plan number may in some cases not be a dialable number.  "Emergency notification services." Services provided by authorized agencies of Federal, State, county or local governments, or by persons authorized by these governments, that notify the public and may use ANI/ALI database information, of emergencies declared by these governments.  "Emergency support services." Information or database management services provided by authorized agencies of Federal, State, county or local governments, or by persons authorized by these governments, that are used in support of PSAPs or emergency notification services.  "Enhanced 911 service" or "911." Emergency communication service providing for automatic identification of caller location and calling number, which includes network switching, database and PSAP premise elements capable of providing automatic location identification data and a call-back number.  "FCC 911 Order." All of the following:  (1) All orders or final rules issued by the Federal Communications Commission pursuant to the proceeding entitled "Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102) codified at 47 CFR § 20.18 (relating to 911 service), "Wireless E-911 Location Accuracy Requirements" codified at 47 CFR Pt. 20 (relating to commercial mobile services) and any successor proceeding.  (2) Any Federal Communications Commission order that affects the provision of wireless 911 service to wireless service customers.  "Fund." The 911 Fund established under section 5306.1 (relating to fund).  "Hybrid system." A system providing both manual and pooled access for outgoing calls. During installation, either pooled or manual access is selected.  "Industry standards." Publicly available technical requirements or standards adopted by an emergency communications industry association or standard-setting organization, including, but not limited to, the National Emergency Number Association and the Association of Public Safety Communications Officials International.  "Interconnected Voice over Internet Protocol provider." A person engaged in the business of providing interconnected VoIP service to end-use subscribers in this Commonwealth, including resellers.  "Interconnected Voice over Internet Protocol service." Service as defined by any of the following:  (1) All orders issued by the Federal Communications Commission pursuant to the proceeding entitled "IP-Enabled Services" (WC Docket No. 04-36; FCC 05-116), codified at 47 CFR Part 9 (relating to interconnected Voice over Internet Protocol services), and any successor proceeding.  (2) Any Federal Communications Commission order that affects the provision of 911 service to VoIP service subscribers or further defines interconnected Voice over Internet Protocol service.  "Interconnected Voice over Internet Protocol service subscriber." A person who is billed by an interconnected Voice over Internet Protocol provider, who is the end user of VoIP service and has designated a place of primary use within this Commonwealth.  "Interexchange carrier." (Deleted by amendment).  "Key telephone system." A type of multiline telephone system which provides shared access to several outside lines through buttons or keys, and which has identified access lines with direct line appearances or terminations on each telephone station.  "Local exchange carrier." A person that provides local exchange telecommunications service within this Commonwealth.  "Local exchange telecommunications service." The transmission of voice messages that originate and terminate within a prescribed local calling area, including services subject to regulation by the Pennsylvania Public Utility Commission.  "Local exchange telephone service." (Deleted by amendment).  "Local notification." A system capability that directs a call to 911 from a multiline telephone system extension through the 911 network to a public safety answering point and simultaneously notifies a designated individual to identify the location of the telephone that has dialed 911.  "Master street address guide." A database of street names and house number ranges within the associated communities defining emergency services zones and their associated emergency services numbers to enable proper routing of 911 calls.  "Mobile telephone number" or "MTN." (Deleted by amendment).  "Multiline telephone system" or "MLTS." A system comprised of common control units, telephone sets, control hardware and software and adjunct systems used to support capabilities, including, but not limited to, network and premises-based systems such as Centrex, VoIP, Hybrid and Key Telephone Systems and PBX as classified under 47 CFR § 68.162 (relating to requirements for telecommunication certification bodies), whether owned or leased by private individuals and businesses or by government agencies and nonprofit entities.  "Multiline telephone system (MLTS) manager." The person authorized to implement a multiline telephone system, either through purchase or lease of an MLTS or the purchasing of MLTS services, as the means by which to make 911 calls.  "Multiline telephone system (MLTS) operator." The person responsible for ensuring that a 911 call placed from a multiline telephone system is transmitted and received in accordance with this chapter regardless of the MLTS technology used to generate the call. The MLTS operator may be the MLTS manager or a third party acting on behalf of the MLTS manager.  "Next generation 911 service." 911 service using, in whole or in part, next generation 911 technology.  "Next generation 911 technology." Equipment, products or services that enable a PSAP to receive calls for emergency assistance by voice, text, video, Internet protocol or other technology authorized by Federal law, regulation or industry standard. The term includes any new technology with the same or similar functionality.  "NPA-NXX." (Deleted by amendment).  "Other emergency communications service." Services covered by the term as defined in 47 U.S.C. § 615b(8) (relating to definitions).  "Other emergency communications service provider." Entities covered by that term as defined in 47 U.S.C. § 615b(9).  "Person." The term includes a corporation, an LLC, a partnership, an association, the Federal Government, the State government, a political subdivision, a municipal or other local authority and a natural person.  "Place of primary use." The street address where the subscriber's use of the wireless or VoIP service primarily occurs. For the purpose of the surcharge assessed on a VoIP service subscriber, place of primary use is the VoIP service subscriber's registered location on the date the VoIP service subscriber is billed.  "Prepaid wireless device." A device that is purchased with a prepaid wireless telecommunications service and is strictly used for that purpose.  "Prepaid wireless E-911 surcharge." (Deleted by amendment).  "Prepaid wireless provider." A person that provides prepaid wireless telecommunications service.  "Prepaid wireless telecommunications service." A wireless telecommunications service that meets all of the following:  (1) Allows a caller to transmit the digits 911 to access a 911 system. (2) Must be paid for in advance and sold in predetermined units or dollars of which the number may or may not decline with use in a known amount.  "Primary place of use." (Deleted by amendment).  "Private 911 emergency answering point." An answering point operated by a nonpublic safety entity which:  (1) Provides functional alternative and adequate means of signaling and directing responses to emergencies as an adjunct to public safety responses.  (2) Trains individuals intercepting calls for assistance in accordance with applicable local emergency telecommunications requirements.  (3) Provides incident reporting to the public safety emergency response centers in accordance with State and local requirements.  "Private branch exchange" or "PBX." A private telephone network switch that is connected to a publicly switched telephone network.  "Provider." A person that provides service to the public for a fee that includes 911 communications service, including, but not limited to, a local exchange carrier, a wireless provider, a prepaid wireless provider, a VoIP provider or a provider of next generation 911 or successor services.  "PSAP." (Deleted by amendment).  "Public agency." Any of the following:  (1) The Commonwealth. (2) A political subdivision, public authority or municipal authority. (3) An organization located in whole or in part within this Commonwealth which provides or has the authority to provide firefighting, law enforcement, ambulance, emergency medical or other emergency services.  "Public safety answering point" or "PSAP." The agency-approved entity that receives 911 communications from a defined geographic area and processes those calls according to a specific operational policy. The term shall refer to a county or county-based regional 911 system.  "Public switched telephone network." The network of equipment, lines and controls assembled to establish communication paths between calling and called parties in North America.  "Regional." A geographic area that includes more than one county.  "Regional ESiNET." An Internet Protocol-based system which consists of managed networks, shared applications and the ability to replicate emergency 911 features and functions.  "Regionalization of technology." The adoption of technology that increases the efficiency of a 911 system by allowing multiple PSAPs to use the same equipment or service.  "Retail transaction." The purchase of prepaid wireless telecommunications service or a prepaid wireless device bundled with prepaid wireless telecommunications service from a seller for any purpose other than resale.  "Seller." A person who sells prepaid wireless telecommunications service or a prepaid wireless device bundled with prepaid wireless telecommunications service to another person.  "Shared residential MLTS service." The use of a multiline telephone system to provide service to residential facilities even if the service is not delineated for purposes of billing. For purposes of this definition, residential facilities shall be liberally construed to mean single family and multifamily facilities.  "Shared telecommunications services." The provision of telecommunications and information management services and equipment within a user group located in discrete private premises in building complexes, campuses or high-rise buildings by a commercial shared services provider or by a user association through privately owned subscriber premises equipment and associated data processing and information management services, including the provision of connections to the facilities of a local exchange carrier and to interexchange carriers.  "Subscriber." A person who contracts with and is billed by a provider within this Commonwealth for a 911 communications service. In the case of wireless service, the term shall mean a person who contracts with a provider if the person's place of primary use is within this Commonwealth.  "Telecommunications." The term shall have the meaning given to it in 47 U.S.C. § 153(50) (relating to definitions).  "Telecommunications carrier." Any provider of telecommunications services as defined by the Telecommunications Act of 1996 (Public Law 104-104, 110 Stat. 56).  "Telecommunication device" or "device." Any equipment or item made or adapted for use by a subscriber or consumer to initiate, route or transmit 911 communications using a 911 communications service.  "Telephone subscriber." (Deleted by amendment).  "Temporary facility." A dormitory, hotel, motel, health care facility, long-term care facility, nursing home or other facility as determined by the agency that provides temporary occupancy to temporary residents and that is served by a multiline telephone system.  "Uniform 911 surcharge" or "surcharge." The fee assessed to a subscriber or consumer as provided for under this chapter.  "Vendor." A person who supplies 911 system services or equipment to enable the transmission of a 911 communication to a PSAP or to support a 911 system or a consultant representing the person, county or PSAP.  "VoIP provider." Interconnected Voice over Internet Protocol provider.  "VoIP service." Interconnected Voice over Internet Protocol service.  "VoIP service subscriber." An Interconnected Voice over Internet Protocol service subscriber.  "Wireless 911 service." 911 communications service provided by a wireless provider, pursuant to the FCC 911 Order, including text-to-911 or any successor requirements.  "Wireless E-911 State plan." (Deleted by amendment).  "Wireless E-911 surcharge." (Deleted by amendment).  "Wireless E-911 system." (Deleted by amendment).  "Wireless provider." A person engaged in the business of providing wireless service to end-use subscribers in this Commonwealth, including resellers.  "Wireless service." Commercial mobile radio service as defined under section 332(d) of the Communications Act of 1934 (48 Stat. 1604, 47 U.S.C. § 332(d)) which provides real-time, two-way voice service that is interconnected with the public switched telephone network. The term does not include prepaid wireless telecommunications service.  "Wireless service customer." A person who is billed for wireless service by a wireless provider or who purchases prepaid wireless telecommunications service within this Commonwealth.  (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.)    2019 Amendment. Act 17 amended the defs. of "911 system" and "public safety answering point" or "PSAP."  Special Provisions in Appendix. See section 7(b)(3) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law.  Cross References. Section 5302 is referred to in section 75A01 of this title.