BILL ANALYSIS
SB 1311
Page A
SENATE THIRD READING
SB 1311 (Kuehl)
As Amended April 16, 2002
Majority vote
SENATE VOTE :37-0
UTILITIES AND COMMERCE 14-0
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|Ayes:|Wright, Pescetti, | | |
| |Calderon, | | |
| |Bill Campbell, John | | |
| |Campbell, Canciamilla, | | |
| |Cardenas, Horton, Kelley, | | |
| |La Suer, Maddox, Nation, | | |
| |Reyes, Simitian | | |
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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 : None
COMMENTS :
1)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
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<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
communicate in emergency 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.
Los Angeles firefighters have reported that, at least once a
month, they are confronted with busy signals when trying to
communicate with colleagues in emergencies, when a few seconds
delay can be critical.
2)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. In the regulatory scheme
of things, 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.
3)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.|
4)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
SB 1311
Page C
for intelligence from these and other agencies. It is
conceivable that this new Department of Homeland Security may
assume jurisdiction over emergency 911 access and related
issues.
Analysis Prepared by : Paul Donahue / U. & C. / (916) 319-2083
FN: 0005462