§5304. Counties.

(a) Powers and duties.--The board of county commissioners, or, in a home rule county, the appropriate body according to the home rule charter, shall have the following powers and duties in relation to a 911 system and wireless E-911 system:

(1) To designate a member of county government as the county 911 coordinator. The county coordinator shall serve as a point of contact with the agency and shall develop a county plan for the implementation, operation and maintenance of a 911 system. Where technologically feasible, the county plan shall be adequate to provide service for the entire county.

(2) To make arrangements with each telephone company providing local exchange telephone service within the county's jurisdiction to provide 911 service.

(3) To send a copy of the proposed county plan to the appropriate telephone company upon submission of the plan to the agency.

(4) To cooperate with the agency, the council and the commission in the preparation and submission of the county plan and contribution rate.

(5) To execute all contracts, mutual aid agreements, cross-service agreements and all other necessary documents which may be required in the implementation of the county plan.

(6) To obtain annually from each telephone service provider a list of the provider's local telephone exchanges within the county and the addresses of that provider's central offices serving those exchanges. Without exception, the service provider shall provide the list to the board.

(7) To notify the agency and all adjacent counties of the local telephone exchanges which provide telephone service to residents within the county, specifically noting exchanges known to provide telephone service to residents of more than one county. Notice shall be provided at the time the county plan is submitted to the agency and when local telephone service is newly initiated for local telephone exchange within the county.

(8) To cooperate with the Pennsylvania State Police. Subject to subparagraphs (i) through (iii), a county that utilizes ANI/ALI database services shall, upon request of the Commissioner of the Pennsylvania State Police or the designee of the commissioner, provide authority to access all ANI/ALI database information relating to 911 calls for emergency services, whether the database is held by the county or by a commercial entity.

(i) In order to ensure that no county or PSAP experiences degradation of service or additional costs as a result of complying with this subsection:

(A) the Pennsylvania State Police shall provide, at its cost, any equipment, computer software or telecommunications equipment or services, exclusive of recurring personnel costs for county personnel, that are necessary to enable its access to any ANI/ALI database information; and

(B) all means of access must be approved by the county, PSAP and the Pennsylvania State Police before the county is required to authorize or provide the access. In the event of a dispute between the Pennsylvania State Police and a county or PSAP regarding approval by the county and PSAP, the dispute shall be mediated by the Office of Information Technology of the Commonwealth's Office of Administration. The Office of Information Technology may bring in a Commonwealth mediator from the Office of General Counsel to provide assistance in resolving the dispute.

(ii) The ANI/ALI database information to which access is authorized or enabled under this paragraph or section 5304.1(a)(3) (relating to Pennsylvania State Police) shall be used only in providing emergency response services to a 911 call. A person who uses or discloses the ANI/ALI database information under this subparagraph for any other purpose commits a misdemeanor of the third degree.

(iii) Nothing contained in this paragraph shall be construed to impose on wireless providers any obligations beyond those created by applicable Federal Communications Commission orders and regulations. Public agencies, counties, PSAPs and wireless providers shall not be liable to any person for errors in any of the ANI/ALI database information which may be accessed by or provided to the Pennsylvania State Police under this paragraph.

(9) To comply with reporting requirements established by the agency.

(b) Persons outside county.--When an individual physically resides in an adjacent county but receives local exchange telephone service from a central office in a county which provides 911 service, it shall be the responsibility of the county with the 911 service to notify the appropriate public agency of a request for emergency service from the individual.

(c) Cities of second class, second class A and third class.--A city of the second class, second class A or third class that has established a 911 system prior to September 4, 1990, may exercise the powers and duties of counties under this chapter. A city of the second class, second class A or third class that has not established a 911 system prior to September 4, 1990, may exercise the powers and duties of counties under this chapter only when the county has chosen not to exercise those powers and duties. The powers and duties granted to cities under this section shall be applicable and may be exercised only within the boundaries of the city. No action by a city under this section shall preempt the powers and duties of a county to establish a 911 system outside the boundaries of the city at any time. The agency may establish regulations governing the exercise of powers and duties granted to cities of the second class, second class A and third class by this section.

Notation

Cross References.  Section 5304 is referred to in section 5304.1 of this title.