Amended IN Senate September 05, 2019 Amended IN Senate August 13, 2019 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: first response agencies: emergencies.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 authorize a first response agency to submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency, and would require a first response agency that acts pursuant to that authorization to notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency. The bill would prohibit the mobile internet service provider, upon receiving that request, from impairing or degrading the lawful internet traffic of the first response agency for the longer of either 48 hours or agencys account until the earlier of either the account is no longer being used by the agency in response to the emergency. emergency or the end of the emergency.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that this act is adopted pursuant to the police power granted to the State of California. This act is adopted to protect and promote the safety, life, public health, public convenience, general prosperity, and well-being of society, and the welfare of the states population and economy. This act ensures police and emergency services personnel have access to all of the resources necessary for them to operate effectively during a state of an emergency.SEC. 2. Section 2898 is added to the Public Utilities Code, to read:2898. (a) Notwithstanding any other provision of this part, upon receiving a request pursuant to subdivision (b), the mobile internet service provider shall not impair or degrade the lawful internet traffic of the first response agencys identified account for the longer of either 48 hours or until the earlier of either the account is no longer being used by the agency in response to the emergency, emergency or the end of the emergency, subject to reasonable network management.(b) (1) A first response agency may submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency. As part of the request, the first response agency shall identify the account number and lines for the mobile internet service provider.(2) A first response agency that submits a request pursuant to paragraph (1) shall notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency.(c) For purposes of this section, the following definitions apply:(1) Emergency means a state of emergency or a local emergency. the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, or the territorial limits of a county, city and county, or city, caused by a fire, flood, storm, riot, cyberterrorism, sudden and severe energy shortage, Governors warning of an earthquake or volcanic prediction, earthquake, or other similar condition.(2) First response agencies has the same meaning as defined in Section 8592.1 of the Government Code. Code, and shall include fire districts.(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)(3) Mobile internet service provider has the same meaning as defined in Section 3100 of the Civil Code.(5)(4) Reasonable network management has the same meaning as defined in Section 3100 of the Civil Code.(6)State of emergency has the same meaning as defined in Section 8558 of the Government Code.
Amended IN Senate September 05, 2019 Amended IN Senate August 13, 2019 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: first response agencies: emergencies.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 authorize a first response agency to submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency, and would require a first response agency that acts pursuant to that authorization to notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency. The bill would prohibit the mobile internet service provider, upon receiving that request, from impairing or degrading the lawful internet traffic of the first response agency for the longer of either 48 hours or agencys account until the earlier of either the account is no longer being used by the agency in response to the emergency. emergency or the end of the emergency.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate September 05, 2019 Amended IN Senate August 13, 2019 Amended IN Senate June 24, 2019 Amended IN Assembly April 22, 2019
Amended IN Senate September 05, 2019
Amended IN Senate August 13, 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: first response agencies: emergencies.
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 authorize a first response agency to submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency, and would require a first response agency that acts pursuant to that authorization to notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency. The bill would prohibit the mobile internet service provider, upon receiving that request, from impairing or degrading the lawful internet traffic of the first response agency for the longer of either 48 hours or agencys account until the earlier of either the account is no longer being used by the agency in response to the emergency. emergency or the end of the emergency.
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 authorize a first response agency to submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency, and would require a first response agency that acts pursuant to that authorization to notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency. The bill would prohibit the mobile internet service provider, upon receiving that request, from impairing or degrading the lawful internet traffic of the first response agency for the longer of either 48 hours or agencys account until the earlier of either the account is no longer being used by the agency in response to the emergency. emergency or the end of the emergency.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that this act is adopted pursuant to the police power granted to the State of California. This act is adopted to protect and promote the safety, life, public health, public convenience, general prosperity, and well-being of society, and the welfare of the states population and economy. This act ensures police and emergency services personnel have access to all of the resources necessary for them to operate effectively during a state of an emergency.SEC. 2. Section 2898 is added to the Public Utilities Code, to read:2898. (a) Notwithstanding any other provision of this part, upon receiving a request pursuant to subdivision (b), the mobile internet service provider shall not impair or degrade the lawful internet traffic of the first response agencys identified account for the longer of either 48 hours or until the earlier of either the account is no longer being used by the agency in response to the emergency, emergency or the end of the emergency, subject to reasonable network management.(b) (1) A first response agency may submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency. As part of the request, the first response agency shall identify the account number and lines for the mobile internet service provider.(2) A first response agency that submits a request pursuant to paragraph (1) shall notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency.(c) For purposes of this section, the following definitions apply:(1) Emergency means a state of emergency or a local emergency. the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, or the territorial limits of a county, city and county, or city, caused by a fire, flood, storm, riot, cyberterrorism, sudden and severe energy shortage, Governors warning of an earthquake or volcanic prediction, earthquake, or other similar condition.(2) First response agencies has the same meaning as defined in Section 8592.1 of the Government Code. Code, and shall include fire districts.(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)(3) Mobile internet service provider has the same meaning as defined in Section 3100 of the Civil Code.(5)(4) Reasonable network management has the same meaning as defined in Section 3100 of the Civil Code.(6)State of emergency has the same meaning as defined in Section 8558 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares that this act is adopted pursuant to the police power granted to the State of California. This act is adopted to protect and promote the safety, life, public health, public convenience, general prosperity, and well-being of society, and the welfare of the states population and economy. This act ensures police and emergency services personnel have access to all of the resources necessary for them to operate effectively during a state of an emergency.
SECTION 1. The Legislature finds and declares that this act is adopted pursuant to the police power granted to the State of California. This act is adopted to protect and promote the safety, life, public health, public convenience, general prosperity, and well-being of society, and the welfare of the states population and economy. This act ensures police and emergency services personnel have access to all of the resources necessary for them to operate effectively during a state of an emergency.
SECTION 1. The Legislature finds and declares that this act is adopted pursuant to the police power granted to the State of California. This act is adopted to protect and promote the safety, life, public health, public convenience, general prosperity, and well-being of society, and the welfare of the states population and economy. This act ensures police and emergency services personnel have access to all of the resources necessary for them to operate effectively during a state of an emergency.
### SECTION 1.
SEC. 2. Section 2898 is added to the Public Utilities Code, to read:2898. (a) Notwithstanding any other provision of this part, upon receiving a request pursuant to subdivision (b), the mobile internet service provider shall not impair or degrade the lawful internet traffic of the first response agencys identified account for the longer of either 48 hours or until the earlier of either the account is no longer being used by the agency in response to the emergency, emergency or the end of the emergency, subject to reasonable network management.(b) (1) A first response agency may submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency. As part of the request, the first response agency shall identify the account number and lines for the mobile internet service provider.(2) A first response agency that submits a request pursuant to paragraph (1) shall notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency.(c) For purposes of this section, the following definitions apply:(1) Emergency means a state of emergency or a local emergency. the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, or the territorial limits of a county, city and county, or city, caused by a fire, flood, storm, riot, cyberterrorism, sudden and severe energy shortage, Governors warning of an earthquake or volcanic prediction, earthquake, or other similar condition.(2) First response agencies has the same meaning as defined in Section 8592.1 of the Government Code. Code, and shall include fire districts.(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)(3) Mobile internet service provider has the same meaning as defined in Section 3100 of the Civil Code.(5)(4) Reasonable network management has the same meaning as defined in Section 3100 of the Civil Code.(6)State of emergency has the same meaning as defined in Section 8558 of the Government Code.
SEC. 2. Section 2898 is added to the Public Utilities Code, to read:
### SEC. 2.
2898. (a) Notwithstanding any other provision of this part, upon receiving a request pursuant to subdivision (b), the mobile internet service provider shall not impair or degrade the lawful internet traffic of the first response agencys identified account for the longer of either 48 hours or until the earlier of either the account is no longer being used by the agency in response to the emergency, emergency or the end of the emergency, subject to reasonable network management.(b) (1) A first response agency may submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency. As part of the request, the first response agency shall identify the account number and lines for the mobile internet service provider.(2) A first response agency that submits a request pursuant to paragraph (1) shall notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency.(c) For purposes of this section, the following definitions apply:(1) Emergency means a state of emergency or a local emergency. the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, or the territorial limits of a county, city and county, or city, caused by a fire, flood, storm, riot, cyberterrorism, sudden and severe energy shortage, Governors warning of an earthquake or volcanic prediction, earthquake, or other similar condition.(2) First response agencies has the same meaning as defined in Section 8592.1 of the Government Code. Code, and shall include fire districts.(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)(3) Mobile internet service provider has the same meaning as defined in Section 3100 of the Civil Code.(5)(4) Reasonable network management has the same meaning as defined in Section 3100 of the Civil Code.(6)State of emergency has the same meaning as defined in Section 8558 of the Government Code.
2898. (a) Notwithstanding any other provision of this part, upon receiving a request pursuant to subdivision (b), the mobile internet service provider shall not impair or degrade the lawful internet traffic of the first response agencys identified account for the longer of either 48 hours or until the earlier of either the account is no longer being used by the agency in response to the emergency, emergency or the end of the emergency, subject to reasonable network management.(b) (1) A first response agency may submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency. As part of the request, the first response agency shall identify the account number and lines for the mobile internet service provider.(2) A first response agency that submits a request pursuant to paragraph (1) shall notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency.(c) For purposes of this section, the following definitions apply:(1) Emergency means a state of emergency or a local emergency. the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, or the territorial limits of a county, city and county, or city, caused by a fire, flood, storm, riot, cyberterrorism, sudden and severe energy shortage, Governors warning of an earthquake or volcanic prediction, earthquake, or other similar condition.(2) First response agencies has the same meaning as defined in Section 8592.1 of the Government Code. Code, and shall include fire districts.(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)(3) Mobile internet service provider has the same meaning as defined in Section 3100 of the Civil Code.(5)(4) Reasonable network management has the same meaning as defined in Section 3100 of the Civil Code.(6)State of emergency has the same meaning as defined in Section 8558 of the Government Code.
2898. (a) Notwithstanding any other provision of this part, upon receiving a request pursuant to subdivision (b), the mobile internet service provider shall not impair or degrade the lawful internet traffic of the first response agencys identified account for the longer of either 48 hours or until the earlier of either the account is no longer being used by the agency in response to the emergency, emergency or the end of the emergency, subject to reasonable network management.(b) (1) A first response agency may submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency. As part of the request, the first response agency shall identify the account number and lines for the mobile internet service provider.(2) A first response agency that submits a request pursuant to paragraph (1) shall notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency.(c) For purposes of this section, the following definitions apply:(1) Emergency means a state of emergency or a local emergency. the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, or the territorial limits of a county, city and county, or city, caused by a fire, flood, storm, riot, cyberterrorism, sudden and severe energy shortage, Governors warning of an earthquake or volcanic prediction, earthquake, or other similar condition.(2) First response agencies has the same meaning as defined in Section 8592.1 of the Government Code. Code, and shall include fire districts.(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)(3) Mobile internet service provider has the same meaning as defined in Section 3100 of the Civil Code.(5)(4) Reasonable network management has the same meaning as defined in Section 3100 of the Civil Code.(6)State of emergency has the same meaning as defined in Section 8558 of the Government Code.
2898. (a) Notwithstanding any other provision of this part, upon receiving a request pursuant to subdivision (b), the mobile internet service provider shall not impair or degrade the lawful internet traffic of the first response agencys identified account for the longer of either 48 hours or until the earlier of either the account is no longer being used by the agency in response to the emergency, emergency or the end of the emergency, subject to reasonable network management.
(b) (1) A first response agency may submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency. As part of the request, the first response agency shall identify the account number and lines for the mobile internet service provider.
(2) A first response agency that submits a request pursuant to paragraph (1) shall notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency.
(c) For purposes of this section, the following definitions apply:
(1) Emergency means a state of emergency or a local emergency. the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, or the territorial limits of a county, city and county, or city, caused by a fire, flood, storm, riot, cyberterrorism, sudden and severe energy shortage, Governors warning of an earthquake or volcanic prediction, earthquake, or other similar condition.
(2) First response agencies has the same meaning as defined in Section 8592.1 of the Government Code. Code, and shall include fire districts.
(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)
(3) Mobile internet service provider has the same meaning as defined in Section 3100 of the Civil Code.
(5)
(4) Reasonable network management has the same meaning as defined in Section 3100 of the Civil Code.
(6)State of emergency has the same meaning as defined in Section 8558 of the Government Code.