§ 615a. — Parity of protection for provision or use of wireless service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC615a]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
Sec. 615a. Parity of protection for provision or use of wireless
service
(a) Provider parity
A wireless carrier, and its 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 or emergency
services.
(b) User parity
A person using wireless 9-1-1 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 wireless.
(c) PSAP parity
In matters related to wireless 9-1-1 communications, 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
wireless.
(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, Sec. 4, Oct. 26, 1999, 113 Stat. 1288.)
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.
