SF 734

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; regulating the 911 
  1.3             system; imposing requirements on private switch 
  1.4             telephone service; imposing a civil penalty; amending 
  1.5             Minnesota Statutes 1994, sections 403.02, by adding 
  1.6             subdivisions; and 403.04.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 403.02, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 10.  [PRIVATE SWITCH TELEPHONE SERVICE.] (a) "Private 
  1.11  switch telephone service" means a telephone switching system 
  1.12  that is not a part of the public switched telephone network but 
  1.13  that provides intraswitch telephone services to devices 
  1.14  connected to it and provides an access mechanism to the public 
  1.15  switched telephone network. 
  1.16     (b) For a private switch telephone service to be considered 
  1.17  to provide access to the public switched telephone network in a 
  1.18  residential environment, persons must use the service for access 
  1.19  to the public switched telephone network from their place of 
  1.20  permanent or temporary residence. 
  1.21     (c) Private switch telephone service includes private 
  1.22  branch exchange (PBX) and "Centrex". 
  1.23     Sec. 2.  Minnesota Statutes 1994, section 403.02, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 11.  [STATION NUMBER IDENTIFICATION.] "Station number 
  1.26  identification" means the ability to identify the telephone 
  2.1   station connected to a private switch telephone service with a 
  2.2   unique telephone number when that station places a call to the 
  2.3   enhanced 911 service system. 
  2.4      Sec. 3.  Minnesota Statutes 1994, section 403.04, is 
  2.5   amended to read: 
  2.6      403.04 [EMERGENCY TELEPHONE NUMBER; PAY TELEPHONES; PRIVATE 
  2.7   SWITCH SERVICE.] 
  2.8      Subdivision 1.  [911 SYSTEM.] The digits 911 shall be the 
  2.9   primary emergency telephone number within the system, but a 
  2.10  public safety agency whose services are available on the 911 
  2.11  system may maintain a separate secondary backup number for 
  2.12  emergency calls and shall maintain a separate number for 
  2.13  nonemergency telephone calls. 
  2.14     Subd. 2.  [PAY TELEPHONES.] By December 15, 1986, each 
  2.15  public utility providing telephone service within a 911 service 
  2.16  area shall convert every pay station telephone to permit dialing 
  2.17  of the 911 number without coin or other charge to the caller. 
  2.18     Subd. 3.  [PRIVATE SWITCH SERVICE; 911 SYSTEM.] By December 
  2.19  31, 1995, the operators of all private switch telephone service 
  2.20  systems shall ensure that calls dialed to the 911 system are not 
  2.21  blocked from direct dial passage to the public 911 system by 
  2.22  their equipment nor diverted to any destination other than a 
  2.23  recognized public safety answering point. 
  2.24     Subd. 4.  [PRIVATE SWITCH SERVICE; RESIDENTIAL STATION 
  2.25  IDENTIFICATION.] (a) By December 31, 1996, all private switch 
  2.26  telephone service system providers operating in an area where 
  2.27  enhanced 911 service is available shall ensure that 911 calls 
  2.28  placed from a residential environment, as described in section 
  2.29  403.02, subdivision 10, paragraph (b), transmit an appropriate 
  2.30  station number identification to the enhanced 911 service system 
  2.31  serving that area. 
  2.32     (b) A private switch telephone service system operating in 
  2.33  an area where enhanced 911 service is not available by December 
  2.34  31, 1996, must be capable of transmitting the appropriate 
  2.35  station number identification for a 911 call within one year of 
  2.36  the date the area is served by enhanced 911 service. 
  3.1      Subd. 5.  [PRIVATE SWITCH SERVICE; NONRESIDENTIAL STATION 
  3.2   IDENTIFICATION.] (a) By July 1, 1997, all private switch 
  3.3   telephone service system providers operating in an area where 
  3.4   enhanced 911 service is available shall ensure that 911 calls 
  3.5   transmit an appropriate station number identification to the 
  3.6   enhanced 911 service system serving that area.  
  3.7      (b) A private switch telephone service system operating in 
  3.8   an area where enhanced 911 service is not available by July 1, 
  3.9   1997, must be capable of transmitting the appropriate station 
  3.10  number identification for a 911 call within one year of the date 
  3.11  the area is served by enhanced 911 service. 
  3.12     (c) Unless a later time for compliance is permitted by this 
  3.13  section, private shared tenant services using wired facilities 
  3.14  and local exchange resellers operating wired facilities in areas 
  3.15  where enhanced 911 service is available must by December 31, 
  3.16  1998, ensure that 911 calls transmit an appropriate station 
  3.17  number identification to the enhanced 911 service system serving 
  3.18  the area where the private shared tenant services facility or 
  3.19  resale facility is located. 
  3.20     Subd. 6.  [APPROPRIATE STATION NUMBER IDENTIFICATION.] The 
  3.21  transmission of an appropriate station number identification to 
  3.22  an enhanced 911 network means that the station number 
  3.23  identification number must be capable of being indexed in and 
  3.24  retrieved from an enhanced 911 service, automatic location 
  3.25  identification, or local location identification database such 
  3.26  that the retrieved automatic location identification or local 
  3.27  location identification data reflects the specific location of 
  3.28  the device. 
  3.29     Subd. 7.  [DATABASE.] An operator of a private switch 
  3.30  telephone system is responsible for ensuring that automatic 
  3.31  location identification or local location identification data 
  3.32  appropriate for all station number identification numbers 
  3.33  capable of being transmitted to the enhanced 911 service network 
  3.34  are provided to the automatic location identification and local 
  3.35  location identification system database serving the geographical 
  3.36  area in which the station receiving service from the private 
  4.1   switch is located. 
  4.2      Subd. 8.  [CONSULTATION.] An operator of a private switch 
  4.3   telephone system subject to subdivisions 3 to 7 shall consult 
  4.4   with and obtain the approval of the management of each public 
  4.5   safety answering point having enhanced 911 service, to which 911 
  4.6   calls from the operator's system will be routed, for its plans 
  4.7   to comply with those subdivisions and the contents of the 
  4.8   automatic location identification and local location 
  4.9   identification data it will be providing to the appropriate 
  4.10  databases. 
  4.11     Subd. 9.  [WAIVER.] The department of administration may 
  4.12  grant waivers to all or part of the requirements of subdivisions 
  4.13  3 to 8 based on technical, financial, or nature of service 
  4.14  considerations.  The department shall adopt rules by December 
  4.15  31, 1996, to implement this subdivision. 
  4.16     Subd. 10.  [TECHNICAL ASSISTANCE.] The department of 
  4.17  administration may provide technical assistance to the private 
  4.18  switch telephone system providers, telecommunications carriers, 
  4.19  and public safety answering points affected by subdivisions 3 to 
  4.20  9.  The costs of assistance are 911 system costs under section 
  4.21  403.11, and must be paid for by the emergency telephone service 
  4.22  fee authorized by section 403.11. 
  4.23     Subd. 11.  [IMMUNITY FROM LIABILITY.] An operator of a 
  4.24  private switch telephone system involved in providing data to a 
  4.25  public 911 system shall not be liable for any claim, damage, or 
  4.26  loss arising from the provision or nonprovision of 911 service 
  4.27  unless the negligent act or omission of the operator proximately 
  4.28  caused the damage or loss. 
  4.29     Subd. 12.  [CONFIDENTIALITY.] All data provided by 
  4.30  operators of private switch telephone service systems to the 
  4.31  public 911 system shall be treated as private data on 
  4.32  individuals or nonpublic data by the public 911 system pursuant 
  4.33  to chapter 13. 
  4.34     Subd. 13.  [EXEMPTIONS.] Patient and resident care rooms 
  4.35  and common areas in health care facilities served by a private 
  4.36  switch telephone system are exempt from subdivisions 4 to 8. 
  5.1      Subd. 14.  [SCHOOL DISTRICTS.] Until January 1, 1998, 
  5.2   school districts are exempt from subdivisions 4 to 8. 
  5.3      Sec. 4.  [EFFECTIVE DATE.] 
  5.4      Section 3, subdivisions 3, 8, 9, and 10, are effective the 
  5.5   day following final enactment.