COMMENTARY FROM COUNSEL

An important deadline that may affect your agency and its clients has arrived. January 6, 2022 marks the final compliance deadline for a series of regulations adopted by the Federal Communications Commission (FCC) to implement Kari’s Law and Ray Baum’s Act—two federal laws that strengthen emergency calling. Like many laws, these new requirements are named, in part, after a tragic situation and aimed at avoiding similar problems in the future.

What Are The New Laws?

Kari’s Law requires organizations that use Multi-Line Telephone Systems (MLTS) to provide callers with direct dial access to 911 call centers without requiring entry of a prefix to connect to an outside line. Congress passed Kari’s Law in memory of Kari Hunt, a young mother who was murdered by her estranged husband in a Texas motel room. Her 9-year-old daughter tried to call 911 four times from the motel phone but was unable to reach a 911 dispatch center because she did not know she had to dial 9 before dialing 911.

Ray Baum’s Act expands on Kari’s Law to require a “dispatchable location” to be transmitted when a 911 call is made from a MLTS. Ray Baum is both an acronym, Repack Airwaves Yielding Better Access for Users of Modern Services, and the name of a lawyer, politician, and lobbyist who worked closely with the FCC on various telecommunication issues. Together, Kari’s Law and Ray Baum’s Act make it easier for people to contact 911 emergency services and for first responders to locate and help people.

Through a phased compliance program, the FCC has committed to widespread enforcement of its implementing regulations with penalties for organizations that fail to comply. With the recent passing of the final compliance deadline, organizations should not delay understanding their responsibilities and potential exposure for non-compliance.

Is your business covered?

Kari’s Law and Ray Baum’s Act apply to any person engaged in the business of manufacturing, importing, selling, leasing, installing, managing, or operating a MLTS and any MLTS that is manufactured, imported, offered for first sale or lease, first sold or leased, or installed after February 16, 2020.

The FCC’s implementing regulations define a MLTS as “a system comprised of common control units, telephone sets, control hardware and software and adjunct systems, including network and premises-based systems, such as Centrex and VoIP, as well as PBX, Hybrid, and Key Telephone Systems… and includes systems owned or leased by governmental agencies and non-profit entities, as well as for profit businesses.” Stated another way, it is a phone or other calling system with more than one line.

As a result, the regulations apply to traditional multi-line telephones, as well as Voice over Internet Protocol (VoIP) and cloudbased systems like Microsoft Teams, Zoom, Nextiva, Vonage, Dialpad and more. Practically, this means any businesses using multi-line phone systems, whether they are landlines, VoIP or in the cloud, installed on or after February 16, 2020, are covered. As a result, most large enterprises, and many small- to mid-size businesses, may be covered, especially considering that many businesses converted to VoIP and cloudbased systems during the pandemic.

What are the phased compliance requirements?

The FCC adopted a series of regulations for 911 calls made from MLTS, pursuant to Kari’s Law, the conveyance of dispatchable locations with 911 calls, pursuant to Ray Baum’s Act, and the consolidation of the FCC’s 911 rules. With the disruption of the covid-19 pandemic, many of these requirements and deadlines may have slipped by impacted businesses.

By February 16, 2020, businesses were required to: (i) configure their MLTS to allow for direct 911 dialing (i.e., dialing 911 without a prefix, such as the number 9); and (ii) send a notification of a 911 call to a central company location like a front desk or security office.

By January 6, 2021, businesses were required to configure their on-premises, fixed telephone (e.g., a wired desk phone) associated with a MLTS to send an automated “dispatchable location” to dispatch centers when a 911 call is made.

A “dispatchable location” means a validated street address for the person making the call, as well as information that helps to identify where the call is from, such as a suite or apartment number, or similar information necessary to adequately identify the location of the calling party.

By January 6, 2022, businesses were required to ensure their on-premises, nonfixed device (e.g., a cordless office phone) or an off-premises device (e.g., devices used by remote workers) associated with a MLTS provides an automated dispatchable location, when technically feasible, or meet an alternative outlined in the regulations.

Consequences of non-compliance.

The consequences of non-compliance are severe. First, of course, there is a real safety risk to people arising from non-compliance because businesses run the risk of endangering employees, customers, visitors, and others if emergency calling is ineffective. There is also a significant financial risk, with non-compliant businesses facing potential fines of up to $10,000 per violation, daily fines for continued non-compliance, and/or litigation costs should a tragedy occur.

Businesses should work with internal information technology personnel and external consultants to ensure compliance with the FCC’s implementing regulations as soon as possible. Questions regarding the applicability of the new law should be directed to competent counsel.