Laws: Cases and Codes : U.S. Code : Title 47 : Section 615a


   
U.S. Code as of: 01/19/04
Section 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.



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