TITLE 16

Health and Safety

Emergency Services

CHAPTER 100. 911-ENHANCED EMERGENCY NUMBER SERVICE


The purpose of this chapter is to establish an integrated wireline and wireless 911-Enhanced Emergency Number Service throughout this State in order to improve and/or enhance emergency communication procedures.

66 Del. Laws, c. 270, § 1; 67 Del. Laws, c. 57, § 2; 69 Del. Laws, c. 256, § 1; 73 Del. Laws, c. 115, § 1.;

As used in this chapter:

(1) "911 Emergency Report Center" means any facility which maintains a 911 telephone call-in feature for the Enhanced System.

(2) "911-Enhanced Emergency Reporting System" means a system capability to identify automatically the geographical location and the calling number of the telephone being used by the caller and to provide a display of the location information on 911 Emergency Reporting Center. 911-Enhanced System includes, but is not necessarily limited to the following features: Automatic number identification, automatic location identification, fixed transfer, selective routing, alternate routing and forced disconnect.

(3) "911-Enhanced Emergency Reporting System capability" shall mean the network and database functions required to ensure that both the 911 call and the information identifying the telephone number of the caller and associated geographic location of the caller are automatically and simultaneously forwarded to the public safety answering point.

(4) "Board" means the Enhanced 911 Emergency Reporting System Service Board.

(5) "Commission" shall mean the Public Service Commission.

(6) "E-911 state plan" means a document to be prepared, maintained and kept current by the Board regarding the operation, maintenance, upgrading and funding of a statewide-integrated E-911 system.

(7) "Emergency medical dispatch (EMD) center" shall mean any dispatch center that receives 911 calls requesting emergency medical assistance, processes those calls, or dispatches emergency medical service resources.

(8) "FCC E-911 order" means all orders 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; RM-8413), or any successor proceeding, regarding the delivery of wireless automatic number identification and wireless automatic location information as of the dates and according to the other criteria established therein.

(9) "Fund" means the 911 Emergency Reporting System Service Fund created by Chapter 101 of this title.

(10) "Provider" shall mean a telecommunications service provider, including a wireless provider, any other provider that is required to or opts to provide 911 service, or any intermediate entity or pass through agent providing telecommunications services.

(11) "Public safety answering point" or "PSAP" shall have the same meaning as "911-Enhanced Report Center."

(12) "Secretary" shall mean the Secretary of the Department of Safety and Homeland Security.

(13) "Wireless automatic location information" means the delivery or receipt of the approximate geographic location, as specified in the FCC E-911 Order, of the wireless device being used to place a call to a 911 system or to a wireless E-911 system.

(14) "Wireless automatic number identification" means the delivery or receipt of the telephone number when available assigned to the wireless device being used to place a call to a 911 system or to a wireless E-911 system.

(15) "Wireless E-911 service" means enhanced 911 service provided by a wireless provider, pursuant to the FCC E-911 order.

(16) "Wireless E-911 state plan" or "wireless plan" means a document to be prepared, maintained and kept current by the Board providing for all aspects of the development, implementation, operation and maintenance of a statewide wireless E-911 system, including the exclusive authority to approve wireless provider service agreements, advise regarding technical standards, formulate technical plans and determine permitted uses of and amounts disbursed from the 911-Enhanced Emergency Reporting Fund to wireless carriers as of January 1, 2002, pursuant to § 10104 of this title.

(17) "Wireless E-911 system" means an E-911 system which permits wireless service users dialing 911 to be connected to a public safety answering point for the reporting of police, fire, medical or other emergency situations and which permits the wireless number identification and/or associated location information to be automatically forwarded at the same time to the public safety answering point.

(18) "Wireless provider" means a person engaged in the business of providing wireless service to end-use customers and resellers of such service in this State or commercial mobile radio service providers as defined by the Federal Communications Commission.

(19) "Wireless service" means commercial mobile radio service as defined under sections 3(27) and 332(d) of the Communications Act of 1934, as amended by the Federal Telecommunications Act of 1996 (47 U.S.C. § 151 et seq.).

(20) "Wireless service customer" means a person who is billed by a wireless provider for wireless service within the State.

(21) "Wireline" means telecommunications service provided in part over fixed physical access facilities, such as wires and cables, between residences or businesses and a telephone company switching office.

66 Del. Laws, c. 270, § 1; 67 Del. Laws, c. 57, § 2; 69 Del. Laws, c. 256, § 1; 72 Del. Laws, c. 137, § 26; 73 Del. Laws, c. 115, § 2; 74 Del. Laws, c. 110, § 138; 76 Del. Laws, c. 183, §§ 1, 2.;

There is hereby established a statewide 911-Enhanced Emergency Reporting System whereby all 911 Emergency Report Centers in this State shall be equipped with and/or maintain a 911-Enhanced Emergency Reporting System by January 1, 1989.

66 Del. Laws, c. 270, § 1; 67 Del. Laws, c. 57, § 2; 69 Del. Laws, c. 256, § 1.;

(a) The Commission shall require all telegraph corporations, telephone corporations or any corporation supplying wireline telephone service within this State to provide a 911-Enhanced Emergency Reporting System capability to every 911 Emergency Reporting Center.

(b) The Commission shall further authorize said telegraph corporation, telephone corporation or corporation supplying wireline telephone service within this State to recover the expense of providing said service through such fees or tariffs as may be necessary. The Commission shall permit, but not require, the recovery of such expense through a separately identified charge.

(c) The Public Service Commission shall review telephone rates charged by any provider which as of June 1, 2001, had E-911 costs embedded in such rates and shall assure that such rates are adjusted as of January 1, 2002, to account for the removal of the embedded costs from them.

(d) To the extent of the Commission's authority relative to assignment of "N11" telephone numbers, the Commission shall not authorize telegraph corporations, telephone corporations or any corporation supplying telephone service within the State to:

(1) Establish any 3-digit number with "11" as the last 2 digits for any commercial purpose; or

(2) Establish any 3-digit number with "11" as the last 2 digits for public safety purposes except as recommended by a review committee established by subsection (d) of this section.

(e) A committee to review the need for a 3-digit number for public safety purposes is hereby established consisting of the following:

(1) A representative from the Department of Safety and Homeland Security appointed by the Secretary of Safety and Homeland Security.

(2) A representative from the State Fire Prevention Commission appointed by the Chair of the Commission.

(3) A representative from the Delaware Volunteer Firefighter's Association appointed by the President of the Association.

(4) A representative from the Delaware State Police appointed by the Superintendent of State Police.

(5) A representative from the Delaware State Police Chief's Council appointed by the Chairperson of the Council.

(6) A representative from the Delaware 911 Users Group elected from its members.

(7) A representative appointed by the Governor.

The Committee shall select a chair from its members and review the use of such numbers upon request. The committee by majority vote shall either approve or disapprove the request, and shall submit its recommendation to the Commission. The Committee shall conduct its meetings and hearings in accord with the Freedom of Information Act, Chapter 100 of Title 29 of the Delaware Code.

66 Del. Laws, c. 270, § 1; 67 Del. Laws, c. 57, § 2; 69 Del. Laws, c. 256, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 60, § 1; 73 Del. Laws, c. 115, §§ 3, 4; 74 Del. Laws, c. 110, § 138; 77 Del. Laws, c. 378, § 1.;

(a) There is hereby established an Enhanced 911 Emergency Reporting System Service Board.

(b) The Board shall act in an advisory capacity to the Governor, the Secretary and the General Assembly on all matters related to the E-911 system, service and funding thereof.

(c) The Board shall be comprised of 7 members appointed by the Governor with the advice and consent of the Senate. The Governor shall designate a chairperson who shall serve an unlimited term at the pleasure of the Governor. At least 3 members shall have technical or financial expertise on telecommunications issues and at least 1 member shall be a representative from the Delaware Association of County Governments. The term of each member, excluding the chairperson who shall serve at the pleasure of the Governor, shall be for 3 years except that for the initial members of the Board, 2 members shall be appointed for a term of 1 year, 2 members shall be appointed for a term of 2 years, and 2 members shall be appointed for a term of 3 years. The members of the Board shall be permitted to attend by proxy no more than 3 times in a calendar year. A proxy vote shall have the same force and effect as if the proxy vote had been taken by the actual appointed member of the Board who designated the proxy.

(d) Members of the Board shall serve without compensation except that they shall be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Board.

(e) The Department of Safety and Homeland Security shall provide administrative support to the Board and may seek reimbursement from the Fund for reasonable costs incurred with administering the Board and Fund.

(f) The Board's duties and responsibilities shall include the following.

(1) The Board shall develop and adopt a comprehensive E-911 state plan by February 1, 2004, which shall cover a period of not less than 3 years and which shall include a wireless E-911 state plan. The plan shall be reviewed, updated and prioritized on an annual basis.

(2) No later than March 1 of each year, beginning in 2002, the Board shall provide an annual report to the Governor, Secretary, Department of Technology and Information, or its successor agency, and General Assembly, which shall, at a minimum, include a summary of the progress on the wireless E-911 system, an evaluation of the E-911 system as a whole, the capital improvements and expenditures proposed for the upcoming fiscal year, expected revenues from the surcharges in the next fiscal year, and a summary of the revenues and expenses for the prior fiscal year. In no event shall the proposed annual expenses associated with the E-911 system exceed the anticipated annual revenues of the Fund.

(3) The Board shall develop, evaluate, establish, recommend and adopt a wireless E-911 state plan pursuant to the FCC E-911 order. The wireless plan shall cover a period of not less than 3 years and shall provide for the systematic deployment of wireless E-911 service across the State.

(4) The Board shall conduct a public meeting in each of the 3 counties in this State prior to the adoption of the E-911 state plan and the wireless E-911 state plan.

(5) When the wireless E-911 state plan is fully implemented, the Board shall insure that wireless service in all communities is or can be selectively routed to one or more public safety answering points.

(6) The Board shall conduct a comprehensive review of the entire E-911 system no later than November 15, 2004, and every 3 years thereafter, and make a written report on its findings and recommendations regarding the adequacy of the system, service thereunder, and funding to the Governor, Secretary, Department of Technology and Information, or its successor agency, and General Assembly. The Board is authorized to retain the services of professionals, as needed, to assist it in its duties under this subsection.

(g) Actions by the Board shall be by a majority of those present at Board meetings where a quorum has been established. All voting shall be done in person and at regular or special meetings of the Board, except as provided in subsection (c) of this section.

(h) The Board shall work in concert with the Department of Safety and Homeland Security, providers, emergency service providers, counties and municipal governments offering 911 service and any other appropriate department, agency or committee focusing on statewide emergency service affected by the development and maintenance of the E-911 System.

(i) The Board may exercise all powers and conduct such activities as are necessary in carrying out its responsibilities under this chapter and Chapter 101 of this title.

(j) All providers as defined § 10002(10) of this title shall officially designate a person to coordinate with, and provide information to, the Board as required by the Board.

67 Del. Laws, c. 57, § 1; 69 Del. Laws, c. 256, § 1; 73 Del. Laws, c. 115, § 5; 74 Del. Laws, c. 110, § 138; 74 Del. Laws, c. 128, § 4; 74 Del. Laws, c. 137, § 1; 76 Del. Laws, c. 183, § 3; 76 Del. Laws, c. 384, §§ 1-3.;

(a) There is hereby established a statewide 911 Emergency Medical Dispatch (EMD) System whereby all 911 Emergency Report Centers in this State providing emergency medical dispatch shall, through a contract with the Department of Safety and Homeland Security:

(1) Provide systematized caller interrogation questions; systematized prearrival instruction; and use and adhere to State EMD dispatch protocols matching the dispatchers evaluation of injury or illness severity with vehicle response mode and configuration;

(2) Electronically collect data regarding calls for assistance and all times related thereto, EMD dispatch protocol information, and ANI/ALI information;

(3) Measure all time increments in increments of seconds;

(4) Electronically transfer all required information collected to a central database maintained by OEMS on a real time basis;

(5) Use computerized case entry, case management and quality inspection software approved by OEMS;

(6) Have the capability of handling multiple (2 or more) calls simultaneously, including the ability to provide prearrival instructions consistent with the medical protocols. This capability must exist 24 hours per day throughout the entire year; and

(7) Have the capability to one-button transfer all data related to a call for medical assistance to the county PSAPs and must utilize that capability. Specifically, when a local PSAP determines that a call for assistance requires ALS, an immediate one-button transfer of all data must be made to the county PSAP. The transferred data must include the first call pickup time (time call received by local PSAP) and the time the local PSAP transferred the call to the EMD.

(8) Be accredited by the National Academy of Emergency Medical Dispatch (NAEMD) by August 1, 2003.

(b) All 911 Emergency Report Centers in this state receiving 911 calls and transferring them to a center providing emergency medical dispatch shall, through a contract with the Department of Safety and Homeland Security:

(1) Electronically collect data regarding calls for assistance including all times related thereto and ANI/ALI information;

(2) Measure all time increments in increments of seconds; and

(3) Have the capability to one-button transfer all data related to a call for medical assistance to the county PSAPs and must utilize that capability. The transferred data must include the first call pickup time (time call received by local PSAP) and the time the local PSAP transferred the call to the EMD.

72 Del. Laws, c. 137, § 27; 74 Del. Laws, c. 1, § 1; 74 Del. Laws, c. 110, § 138.;

After the Board has developed a wireless E-911 state plan consistent with the FCC E-911 order, all PSAPs and wireless providers shall provide wireless E-911 service in accordance with the plan, unless granted an extension by the Secretary or by any other operation of law. The Secretary shall have the power and authority to enforce compliance with the wireless E-911 state plan and may adopt rules and regulations necessary to carry out such enforcement.

73 Del. Laws, c. 115, § 6.;

No person involved in the provision of E-911 or 911 service who in good faith receives, develops, collects or processes information for the enhanced 911 data bases, relays, transfers, operates, maintains or provides enhanced 911 services or system capabilities, or provides emergency telephone and radio communications for ambulance, police and fire departments, shall be liable for damages in any civil action for any act or omission that results in death, injury or loss to person or property unless such action or inaction constitutes gross negligence or an intentional tort. This section shall be construed to include 911 service that utilizes in whole or in part Internet Protocol or other next generation 911 technologies.

73 Del. Laws, c. 115, § 6; 78 Del. Laws, c. 301, § 1.;

Pursuant to a nondisclosure agreement with the Board and only to the extent required to develop and implement the wireline or wireless E-911 state plans or to accomplish any other lawful purpose directly related to the 911-Enhanced Emergency Reporting System, each provider shall provide relevant information as requested in writing by the Board relating to subscribers, provider specific revenues and expenses and automatic location information. Such information shall remain the exclusive property of the provider notwithstanding any other provision of law and, shall not be disclosed by the Board except pursuant to the terms of the nondisclosure agreement with the provider.

73 Del. Laws, c. 115, § 6; 74 Del. Laws, c. 137, § 7[8].;

(a) Identifying information of provider subscribers, provider-specific revenues and expenses, trade secrets, commercial information and other such information shall be treated as confidential and, notwithstanding other provisions of law, shall not be subject to public disclosure by the State or its representatives. The information made available to the State, its representatives or providers of emergency services shall be used solely for purposes of delivering or assisting in the delivery of E-911 emergency services or services that notify the public of an emergency.

(b) No provider shall be liable for releasing subscriber information, including private listing information, for purposes of complying with the requirements of this chapter, Chapter 101 of this title or as otherwise required by law.

73 Del. Laws, c. 115, § 6; 74 Del. Laws, c. 137, §§ 8, 9[9, 10].;