Amended IN Senate June 24, 2019 Amended IN Assembly April 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1699Introduced by Assembly Member LevineFebruary 22, 2019 An act to add Section 2898 to the Public Utilities Code, relating to telecommunications. LEGISLATIVE COUNSEL'S DIGESTAB 1699, as amended, Levine. Telecommunications: mobile internet service providers: public safety customer accounts: states of emergency. first response agencies: emergencies.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to identify the need for telecommunications service systems not on customers premises to have backup electricity to enable telecommunications networks to function, and to enable customers to contact a public safety answering point operator during an electrical outage, to determine performance criteria for backup systems, and to determine whether specified best practices for backup systems have been implemented by telecommunications service providers operating in California.Existing law prohibits a mobile internet service provider from engaging in specified actions concerning the treatment of internet traffic, including, among other things, blocking lawful content, applications, services, or nonharmful devices, and impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device, subject to reasonable network management.This bill would prohibit a mobile internet service provider from impairing or degrading degrading, for at least 48 hours, the lawful internet traffic of its public safety customer accounts, subject to reasonable network management, during a state of emergency. first response agencies that the Director of Emergency Services, or the directors designee, identifies as those agencies which would respond to a situation that is likely to lead to an emergency, as specified. The bill would prohibit a mobile internet service provider from impairing or degrading that traffic for those agencies during an emergency until the emergency is terminated, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: ="display:inline;">2898. (a) (1) Notwithstanding any other provision of this part, upon receiving notice pursuant to subdivision (b), a mobile internet service provider as defined in Section 3100 of the Civil Code shall not impair or degrade the lawful internet traffic of its public safety customeraccounts, first response agencies identified pursuant to subdivision (b) for at least 48 hours, subject to reasonable network management as defined in Section 3100 of the Civil Code, during a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make such a declaration in any city, county, or city and county. management.(2) Notwithstanding any other provision of this part, upon receiving notice pursuant to subdivision (c), a mobile internet service provider shall not impair or degrade the lawful internet traffic of first response agencies identified pursuant to subdivision (c) until the emergency is terminated, subject to reasonable network management.(b) Upon identifying a situation that is likely to lead to an emergency, the Director of Emergency Services, or the directors designee, may identify the first response agencies that would respond to that situation. The director shall notify any relevant mobile internet service providers of those first response agencies the director or designee identifies that would respond to the situation.(c) Upon a responsible local official, or a responsible local officials designee, informing the Office of Emergency Services of an emergency and of the first response agencies that would respond to that emergency, the Office of Emergency Services shall do both of the following:(1) Notify any relevant mobile internet service providers of the emergency and of those first response agencies that would respond to that emergency.(2) Provide any relevant mobile internet service providers with an appropriate point of contact who may provide the relevant mobile internet service providers with updates relating to the emergency and relating to the first response agencies that would respond to that emergency.(d) For purposes of this section, the following definitions apply:(1) Emergency means a state of emergency or a local emergency.(2) First response agencies has the same meaning as defined in Section 8592.1 of the Government Code.(3) Local emergency means the duly proclaimed, pursuant to Section 8630 of the Government Code, existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions, such as fire, flood, storm, riot, cyberterrorism, sudden and severe energy shortage, the Governors warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, that are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or, with respect to regulated energy utilities, a sudden and severe energy shortage that requires extraordinary measures beyond the authority vested in the commission.(4) Mobile internet service provider has the same meaning as defined in Section 3100 of the Civil Code.(5) Reasonable network management has the same meaning as defined in Section 3100 of the Civil Code.(6) Responsible local official means a responsible local official described in Section 8618 of the Government Code.(7) State of emergency has the same meaning as defined in Section 8558 of the Government Code.
Amended IN Senate June 24, 2019 Amended IN Assembly April 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1699Introduced by Assembly Member LevineFebruary 22, 2019 An act to add Section 2898 to the Public Utilities Code, relating to telecommunications. LEGISLATIVE COUNSEL'S DIGESTAB 1699, as amended, Levine. Telecommunications: mobile internet service providers: public safety customer accounts: states of emergency. first response agencies: emergencies.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to identify the need for telecommunications service systems not on customers premises to have backup electricity to enable telecommunications networks to function, and to enable customers to contact a public safety answering point operator during an electrical outage, to determine performance criteria for backup systems, and to determine whether specified best practices for backup systems have been implemented by telecommunications service providers operating in California.Existing law prohibits a mobile internet service provider from engaging in specified actions concerning the treatment of internet traffic, including, among other things, blocking lawful content, applications, services, or nonharmful devices, and impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device, subject to reasonable network management.This bill would prohibit a mobile internet service provider from impairing or degrading degrading, for at least 48 hours, the lawful internet traffic of its public safety customer accounts, subject to reasonable network management, during a state of emergency. first response agencies that the Director of Emergency Services, or the directors designee, identifies as those agencies which would respond to a situation that is likely to lead to an emergency, as specified. The bill would prohibit a mobile internet service provider from impairing or degrading that traffic for those agencies during an emergency until the emergency is terminated, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: ="display:inline;">2898. (a) (1) Notwithstanding any other provision of this part, upon receiving notice pursuant to subdivision (b), a mobile internet service provider as defined in Section 3100 of the Civil Code shall not impair or degrade the lawful internet traffic of its public safety customeraccounts, first response agencies identified pursuant to subdivision (b) for at least 48 hours, subject to reasonable network management as defined in Section 3100 of the Civil Code, during a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make such a declaration in any city, county, or city and county. management.
Amended IN Senate June 24, 2019 Amended IN Assembly April 22, 2019
Amended IN Senate June 24, 2019
Amended IN Assembly April 22, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1699
Introduced by Assembly Member LevineFebruary 22, 2019
Introduced by Assembly Member Levine
February 22, 2019
An act to add Section 2898 to the Public Utilities Code, relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1699, as amended, Levine. Telecommunications: mobile internet service providers: public safety customer accounts: states of emergency. first response agencies: emergencies.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to identify the need for telecommunications service systems not on customers premises to have backup electricity to enable telecommunications networks to function, and to enable customers to contact a public safety answering point operator during an electrical outage, to determine performance criteria for backup systems, and to determine whether specified best practices for backup systems have been implemented by telecommunications service providers operating in California.Existing law prohibits a mobile internet service provider from engaging in specified actions concerning the treatment of internet traffic, including, among other things, blocking lawful content, applications, services, or nonharmful devices, and impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device, subject to reasonable network management.This bill would prohibit a mobile internet service provider from impairing or degrading degrading, for at least 48 hours, the lawful internet traffic of its public safety customer accounts, subject to reasonable network management, during a state of emergency. first response agencies that the Director of Emergency Services, or the directors designee, identifies as those agencies which would respond to a situation that is likely to lead to an emergency, as specified. The bill would prohibit a mobile internet service provider from impairing or degrading that traffic for those agencies during an emergency until the emergency is terminated, as specified.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to identify the need for telecommunications service systems not on customers premises to have backup electricity to enable telecommunications networks to function, and to enable customers to contact a public safety answering point operator during an electrical outage, to determine performance criteria for backup systems, and to determine whether specified best practices for backup systems have been implemented by telecommunications service providers operating in California.
Existing law prohibits a mobile internet service provider from engaging in specified actions concerning the treatment of internet traffic, including, among other things, blocking lawful content, applications, services, or nonharmful devices, and impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device, subject to reasonable network management.
This bill would prohibit a mobile internet service provider from impairing or degrading degrading, for at least 48 hours, the lawful internet traffic of its public safety customer accounts, subject to reasonable network management, during a state of emergency. first response agencies that the Director of Emergency Services, or the directors designee, identifies as those agencies which would respond to a situation that is likely to lead to an emergency, as specified. The bill would prohibit a mobile internet service provider from impairing or degrading that traffic for those agencies during an emergency until the emergency is terminated, as specified.
## Digest Key
(2) Notwithstanding any other provision of this part, upon receiving notice pursuant to subdivision (c), a mobile internet service provider shall not impair or degrade the lawful internet traffic of first response agencies identified pursuant to subdivision (c) until the emergency is terminated, subject to reasonable network management.
(b) Upon identifying a situation that is likely to lead to an emergency, the Director of Emergency Services, or the directors designee, may identify the first response agencies that would respond to that situation. The director shall notify any relevant mobile internet service providers of those first response agencies the director or designee identifies that would respond to the situation.
(c) Upon a responsible local official, or a responsible local officials designee, informing the Office of Emergency Services of an emergency and of the first response agencies that would respond to that emergency, the Office of Emergency Services shall do both of the following:
(1) Notify any relevant mobile internet service providers of the emergency and of those first response agencies that would respond to that emergency.
(2) Provide any relevant mobile internet service providers with an appropriate point of contact who may provide the relevant mobile internet service providers with updates relating to the emergency and relating to the first response agencies that would respond to that emergency.
(d) For purposes of this section, the following definitions apply:
(1) Emergency means a state of emergency or a local emergency.
(2) First response agencies has the same meaning as defined in Section 8592.1 of the Government Code.
(3) Local emergency means the duly proclaimed, pursuant to Section 8630 of the Government Code, existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions, such as fire, flood, storm, riot, cyberterrorism, sudden and severe energy shortage, the Governors warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, that are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or, with respect to regulated energy utilities, a sudden and severe energy shortage that requires extraordinary measures beyond the authority vested in the commission.
(4) Mobile internet service provider has the same meaning as defined in Section 3100 of the Civil Code.
(5) Reasonable network management has the same meaning as defined in Section 3100 of the Civil Code.
(6) Responsible local official means a responsible local official described in Section 8618 of the Government Code.
(7) State of emergency has the same meaning as defined in Section 8558 of the Government Code.