HomeMy WebLinkAboutMINUTES - 02231993 - 1.62 Adz
TO: BOARD OF SUPERVISORS E L Contra
Costa,
Phil BatchelorCounty Administrator 1.� f
FROM: "7 '
^;lam►.- .ii<
Coun
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DATE: February 16, 1993 � eo��r
SUBJECT: LEGISLATION: SB 222 (Boatwright) - RELEASE OF UNLISTED TELEPHONE
NUMBERS TO COMMUNITY ALERT NETWORK
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Acknowledge that the Board of Supervisors is the SPONSOR of SB 222
by Senator Boatwright, which would allow a telephone company to
release unlisted telephone numbers to the Community Alert Network,
with which the County contracts as a part of the County' s emergency
alert network.
BACKGROUND:
Under current law, most automatic dialing-announcing devices are
prohibited, with certain exceptions . In addition, telephone
corporations are prohibited from selling or licensing lists of
residential subscribers which include unlisted numbers, without the
permission of the subscriber.
The Community Alert Network, a private for-profit corporation, is
under contract to Contra Costa County (and other jurisdictions) , to
provide automatic dialing-announcing services in the case of an
emergency. This is accomplished by placing in a computer bank the
names, telephone numbers and addresses of all individuals in a
defined area, such as Contra Costa County. However, for the system
to work as intended in the case of a major disaster, it is
important to have all of the telephone numbers in the system.
Unlisted numbers are not currently available to Community Alert
Network. In addition, addresses of subscribers who are willing to
have their telephone number, but not their address, listed are not
included. As a result, when the County advises Community Alert
Network to advise a particular portion of the County of a specific
emergency, a significant number of homes cannot be contacted
because of the unlisted information which cannot be released by the
CONTINUED ON ATTACHMENT: –Y—YES SIGNATURE: //Vil�7/C:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Y APPROVE OTHER
SIGNATUREM:
: C'/��%�!
ACTION OF BOARD ON kel5ruary 23, 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS N THE DATE SHOWN.
ATTESTED
Contact: PHIL BATCHELOR.CLERK OF HE BOARD OF
CC. See Page 2 . SUPERVISORS AND COUNTY ADMINISTRATOR
_.._
BY ,DEPUTY
-2-
telephone company. In addition to needing this information for an
actual disaster, it is essential to have the information available
for exercise purposes to test the ability of the system to do as it
is supposed to do in a real situation.
Senator Boatwright has agreed to introduce SB 222 which does the
following:
1 . Exempts from the prohibitions in existing law an automatic
dialing-announcing device which is operated by a private for-
profit agency under contract with one or another of specified
emergency services agencies either for the purpose of actually
alerting individuals to a specific incident or for the purpose
of practicing such an alert.
2 . Expands the types of emergency services agencies which can
receive such information to include public health,
environmental health, and emergency services planning
agencies .
It is felt that this legislation is needed in order to get access
to the unlisted telephone numbers and addresses for the purpose of
trying to insure that the County' s alert network is as complete as
possible. This legislation is a part of the Board 's 1993
Legislative Program and we are, therefore, recommending that the
Board acknowledge its sponsorship of SB 222 .
cc: County Administrator
Director, Office of Emergency Services
Health Services Director
County Health Officer
Sheriff-Coroner
Chief, Contra Costa County Fire Protection District
County Counsel
Barbara Masters, Executive Assistant to the
Hazardous Materials Commission
Les Spahnn, SRJ. Jackson, Barish & Associates
1
SENATE BILL No. 222
Introduced by Senator Boatwright
February 8, 1993
t
An act to amend Sections 2872 and 2891.1 of the Public
Utilities Code, relating to telephones.
LEGISLATIVE COUNSEL'S DIGEST
SB 222, as introduced, Boatwright. Telephones: automatic
dialing devices: access to unlisted numbers.
Existing law, with specified exceptions, prohibits the
operation of an 'automatic dialing-announcing device.
Telephone calls that may be placed through those devices are
required .to meet certain requirements. Existing law also
prohibits a telephone or telegraph corporation selling or
licensing:lists of residential subscribers from including the
telephone number of any subscriber assigned an unpublished
or unlisted access number, as defined, without his or her
consent, except in specified instances.
This bill would exempt from these prohibitions the
operation of an automatic dialing-announcing device by, or
access to unlisted numbers by, public law enforcement
agencies, public fire protection agencies, public health
agencies, public environmental health agencies, city or
county emergency services planning agencies, or private
for-profit agencies operating under contract with, and at the
direction of, one or more of these agencies in specified
instances relating to the provision of public service, public
health, or. emergency information relating to an actual or
threatened incident affecting residents in a defined area.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
SB 222 —2 —
The
2 —
The people of the State of California do enact as follows:
1 SECTION 1. Section 2872 of the Public Utilities Code
2 is amended to read:
3 2872. (a) The connection of automatic
4 dialing-announcing devices to a telephone line is subject
5 to this article and to the jurisdiction, control, and
6 regulation of the commission.
7 (b) No person shall operate an automatic
8 dialing-announcing device except in accordance with this
9 article. The use of such a device by any person, either
10 individually or acting as an officer, agent, or employee of
11 a person or corporation operating automatic
12 dialing-announcing devices, is subject to this article.
13 (c) No person shall operate an automatic
14 dialing-announcing device in this state to place a call
15 which is received by a telephone in this state during the
16 hours between 9 p.m. and 9 a.m. California time;
17 (d) This article does not prohibit the use of an
18 automatic dialing-announcing device by any person
19 exclusively on behalf of any of the following:
20 (1) A school for purposes of contacting parents or
21 guardians of pupils regarding attendance.
22 (2) An exempt organization under the Bank and
23 Corporation Tax Law (Part 11 (commencing with
.24 Section 23001) of Division 2 of the Revenue and Taxation
25 Code) for purposes of contacting its members.
26 (3) A privately owned or publicly owned cable
27 television system for purposes of contacting customers or
28 subscribers regarding the previously arranged
29 installation of facilities on the premises of the customer or
30 subscriber.
31 (4) A privately owned or publicly owned public utility
32 for purposes of contacting customers or subscribers
33 regarding the previously arranged installation of facilities
34 on the premises of the customer or subscriber or for
35 purposes of contacting employees for emergency actions
36 or repairs required for public safety or to restore services.
37 (5) A petroleum refinery, chemical processing plant,
38 or nuclear powerplant for purposes of advising residents,
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h
— 3 — SB 222
1 public service agencies, and the news media in its vicinity
2 of an actual or potential life-threatening emergency.
3 (e) (1) This article does not prohibit ' law
4 enforcement agencies and fire protection agencies from
5 placing calls through automatic dialing-announcing
6 devices, if those devices are used for any of the folloTring
1 78 purposes:
' l 9 (A Providing public service information relating to
i.� ) g
10 public safety.
11 {�}
12 (B) Providing information concerning police or fire
13 emergencies.
14
15 , (C) Providing warnings of impending or threatened
16 emergencies.
17 (2) Telephone calls' placed by law enforcement
18 agencies and fire protection agencies through automatic
19 dialing-announcing devices need not comply with
20 Section 2874.
21 (f) This article does not prohibit public law
22 enforcement agencies, public fire protection agencies,
23 public health agencies, public environmental health
' 24 agencies, city or county emergency services planning
1 25 agencies, or a private for profit agency operating under
./ 26 contract with, and at the direction of, one or more of
27 these agencies, from placing calls through automatic
28 dialing-announcing devices, if those devices are used for
29 either of the following purposes:
30 (1) Providing public service, public health, or
31 ,emergency information relating to an actual or
32 threatened incident where residents in a defined area
d j 33 need to be alerted to the situation or provided
34 information regarding how to respond to the situation, or
35 where residents of a defined area need to be alerted to
36 the possible or actual need to evacuate an area.
37 (2) Planning for, or practicing the use of, the
38 automatic dialing-announcing device for any of the
39 purposes specified in paragraph (1).
40 . (g) This article does not apply to any automatic
I'
99 140
i
SB 222 —4 -
1
4 -
1 dialing-answering device which is not used to randomly
` 2 or sequentially dial telephone numbers but which is used
3 solely to transmit a message to an established business
4 associate, customer, or other person having an
5 established relationship with the .. person using the
6 automatic dialing-answering device to transmit the
7 message, or to any call generated at the request of the
8 recipient.
9 fig}
10 (h) The commission may determine any question of
11 fact arising under this section.
12 SEC. 2. Section 2891.1 of the Public Utilities Code is
13 amended to read:
14 2891.1. (a) Notwithstanding Section 2891, a
15 telephone corporation selling or licensing lists of
16 , residential subscribers shall not include the telephone
17 number of any subscriber assigned an unlisted or
18 unpublished access number.
19 (b) A subscriber may waive all or part of the
20 protection provided by this section through written
21 notice to the telephone corporation.
22 (c) This provision does not apply to the provision of
23 telephone numbers to . the following parties for the
24 purposes indicated:
25 (1) To a collection agency, to the extent disclosures
26 made by the agency are supervised by the commission,
27 exclusively for the collection of unpaid debts.
28 (2) To an emergency service agency for responding to
29 a 911 call or communicating an imminent threat,to life or
30 property.
31 (3) To a public law enforcement agency, public fire
32 protection agency, public health agency, public
33 environmental health agency, city or county emergency
34 services planning agency, or private for-profit agency
35 operating under contract with, and at the direction of,
36 one or more of these agencies, for any of the purposes
37 specified in subdivision (f) of Section 2872.
38 (4) To a lawful process issued under state or federal
39 law.
40 {4}
99 160
- 5— SB 222
1 5 To a telephone corporation providing service
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2 between service areas for the provision to the subscriber
3 of telephone service between service areas, or to third
4 parties for the limited purpose of providing billing
5 services.
6
7 (6) To the commission pursuant to its jurisdiction and
8 control over telephone and telegraph corporations.
9 (d) Every deliberate violation of this section is
10 grounds for a civil suit by the aggrieved subscriber
11 against the telephone or telegraph corporation and its
i► 12 employees responsible for the violation.
j 13 (e), For purposes of this section, "unpublished or
14 unlisted access number" means a telephone, telex,
15 teletex, facsimile, computer modem, or any other code
16 number which is assigned to a subscriber by a telephone
17 or telegraph corporation for the receipt of
18 communications initiated by other telephone • or
19 telegraph customers; and which the . subscriber has
20 requested that the telephone or telegraph corporation
21 keep in confidence.
O
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