Your multi-line phone system and federal rules about 911 calls: What you need to know

When someone’s heart is pounding in an emergency, hopefully that person can remember to dial 911. With today’s Enhanced 911 (E911) technology, often merely placing the call means emergency responders can identify where the caller is located, enabling help to arrive on-site with little additional information from the caller. This can be a life-saving tool. With all the changes in communications technology, however, how can we be sure that the right location information is transmitted? Today we are using cloud-based integrated calling and email, VPNs, apps on mobile phones and more. Will first responders be able to find the caller when 911 is dialed?

Congress and the Federal Communications Commission (FCC) have adopted laws and rules to address this concern in the last few years. Recent changes in federal rules apply to any multi-line phone system—whether it is a physical system or whether it virtual or in the cloud—bought, leased or installed after February 2020. These new rules are particularly relevant since many entities are installing or considering new communications systems to meet new workplace needs brought on by the COVID-19 pandemic.

The federal rules are intended to ensure that members of the public can successfully dial 911 to request emergency services and that first responders can quickly and accurately locate every 911 caller, regardless of the type of service that is used to make the call. Depending on the capabilities of your system, now and in the future, multi-line telephone system (MLTS) operators have obligations to provide location information along with a 911 call and must automatically initiate a central notification within their own organizations. Ensuring that employees and others who use our facilities can get help during an emergency is a best practice to safeguard our most important assets—your people.

Here are the basics:

1. No prefix. A multi-line telephone system must be pre-configured and operated so that a user may directly call 911 without having to dial a prefix, such as an additional digit or code (such as the digit 9).
2. Central location notification. If the multi-line telephone system can do so without an improvement to the hardware or software of the system, a MLTS must provide, for each 911 call, a notification to a central location at the facility where the system is installed or to another person or organization regardless of location. The notification must include: (a) that a 911 call has been made; (b) a valid callback number (if it is technically feasible); and (c) the information about the caller’s location that the MLTS conveys with the call to 911.According to the FCC’s guidance, the central notification should go to whomever “has the keys” if a campus or building has restricted access and to staff that might best assist public safety in locating and responding to a 911 call. This rule applies even where devices used as part of the MLTS are located at satellite locations, off-site, remote, on the road or at-home locations.

3. Dispatchable location. According to FCC rules that are fully phased in as of January 2022, a MLTS must automatically transmit a “dispatchable location” with a 911 call, depending on the kind of device in use and technical feasibility as outlined below. A dispatchable location is “the validated street address of the calling party, plus additional information such as suite, apartment or similar information necessary to adequately identify the location of the calling party.” The information should be sufficient to enable first responders to identify the location of a 911 caller in their environment—therefore the level of detail required depends on the characteristics of a location—for example, different information is required depending on whether the location is a small storefront or a multi-story building or campus.
   Obligation to transmit a dispatchable location based on type of device
   • On-site fixed devices (such as handset users cannot move without assistance) are required to automatically detect and send a dispacthable location.
   • On-premises non-fixed devices (such as softphone or mobile handset that user can move without assistance) and off-premises devices (such as personal mobile phones using apps or laptops using VPNs) are obligated to automatically detect and send a dispatchable location only if technically feasible, otherwise they may rely on manual updates or alternative location information.

Practical considerations
Failure to comply with these requirements may result in fines but not criminal liability. The FCC rules assume that the MLTS manager is responsible for compliance unless it can rebut the presumption by demonstrating compliance with its obligations under the statute and rules. Because of this assumption, and because MLTS operators’ obligations are dependent upon the capabilities of the system it is using, it is important for MLTS operators to document their system’s technical capabilities with respect to functionalities such as central location notification, transmission of a valid callback number, automatic dispatchable location information for on-premises non-fixed devices and off-premises devices.

Additionally, if your MLTS relies on voice over internet protocol (VOIP) to reach phone numbers, your VOIP provider is required to provide end user notices explaining the limits of the provision of location information E911—via stickers or other notices—and it is a best practice to make sure your users receive this information.

Check state law. Some states have adopted offering more granular guidance as to what level of detail is required for a dispatchable location. For example, Illinois and Maine require a unique location identifier per floor, and per 40,000 square feet. In addition, the FCC rules extend certain kinds of liability protection to MLTS managers and operators if relevant state law provides protection to local telephone common carriers.

MLTS managers and operators should also ensure the proper employees receive appropriate training. For example, employees who receive central notifications should know what to do when they receive the notification; employees who relocate fixed, on-site devices must ensure that location information is updated when they move a device. It is a best practice to ensure that all employees who use the system understand which devices are best able—and which cannot—transmit their location accurately when they make a 911 call.

Enhanced 911 is a tremendous life-saving technology and federal rules are in place to make sure the systems we rely upon keeps up with the latest technical capabilities. Knowing how to implement these rules will ensure that people who use your phone system can more easily reach 911 and ensure emergency responders are better able to find a 911 caller.

Cheryl A. Leanza has been practicing communications law for more than 25 years with a wide scope of practice including internet access, broadcast and cable regulation, social media corporate accountability and affordability in communications. Leanza is skilled in appellate litigation and representing clients before the Federal Communications Commission and Congress. Leanza plays a key role at the intersection of civil rights and communications policy and is a nationally recognized authority in equity in access to communications. Leanza is particularly adept at finding agreements and policy solutions that are strategic, politically viable and legally airtight.