BILL ANALYSIS
SB 1311
Page A
Date of Hearing: June 17, 2002
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Roderick D. Wright, Chair
SB 1311 (Kuehl) - As Amended: April 16, 2002
SENATE VOTE : 37-0
SUBJECT : Commercial mobile radio service: public safety
agencies
SUMMARY : Allows a provider of commercial mobile radio
service<1> to enter into a contract with a public safety
agency<2> to give the transmissions of public safety agency end
users of that service priority over the transmissions of other
persons or entities. The contract shall comply with applicable
federal law.
EXISTING LAW :
Requires a provider of commercial mobile radio service to
provide access for end users of that service to the local
emergency telephone systems described in the
Warren-911-Emergency Assistance Act.
FISCAL EFFECT : Unknown
COMMENTS :
Stated need for bill
The author notes that many emergency response and rescue
departments across the state use digital electronic devices,
most commonly cellular phones, to communicate in emergent
situations while in the field. Due to widespread cellular phone
usage, emergency response teams in large metropolitan areas have
encountered difficulties when trying to communicate with
colleagues.
---------------------------
<1> "Commercial mobile service" means mobile service provided
for profit that makes interconnected service available to the
public.
<2> "Public safety agency" means the functional division of a
public agency which provides firefighting, police, medical, or
other emergency services.
SB 1311
Page B
L.A. firefighters have reported that, at least once a month,
they are greeted with a busy signal when trying to communicate
with colleagues in emergencies, when a few seconds' delay can be
critical.
Federal rules
Current federal rules permit cellular telephone companies to
voluntarily offer priority access to cellular telephone service
for national security and emergency preparedness personnel.
The National Communications System (NCS), an arm of the federal
government, has been working since 1995 to put in place a
"cellular priority access" system. The Federal Communications
Commission (FCC) must also agree to allow cellular carriers to
offer priority access service.
In July 2000 FCC permitted cellular carriers to offer priority
access service to specified public safety personnel. FCC rules
provide for the Executive Office of the President, acting
through NCS, to administer the priority access system, including
creating or revising regulations regarding operation and use.
Possible unintended consequences?
The author's background materials note that, if a major disaster
happens in California similar to the one that occurred on
September 11, 2001, a total communication breakdown among
emergency workers is likely. In such a situation, if priority
access were given to a wide range of public safety officials,
the citizenry (who may be trapped in a building or otherwise
involved in a disaster) could conceivably lose the only method
they would be able to communicate their location to emergency
rescue personnel or loved ones during that crisis.
Homeland Security
President Bush recently proposed folding into one department all
or parts of 22 existing federal agencies -- including the Secret
Service, Coast Guard, Border Patrol and Customs Service, but not
the FBI or the CIA. The White House says the department would
serve as a clearinghouse for intelligence from these and other
agencies. It is conceivable that this new Department of
Homeland Security may assume jurisdiction over emergency 911
SB 1311
Page C
access and related issues.
Opponents
The opposition argues that there is clear federal preemption
insofar as the bill relates to emergency 911 service and
priority access.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Firefighters Association (sponsor)
Los Angeles Deputy Sheriffs Association
Los Angeles Police Protective League
Police Officers Research Association of California (PORAC)
Riverside Sheriff's Association
Sacramento Metropolitan Fire District
Opposition
AT&T Wireless
Verizon Wireless
Analysis Prepared by : Paul Donahue / U. & C. / (916) 319-2083