Tennessee § 7-86-320 - Immunity or protection from liability.

§ 7-86-320. Immunity or protection from liability.

If a provider of an IP-enabled service offers 911 or E911 services and such provider complies with federal communication commission Order #05-116, adopted May 19, 2005, that provider, its officers, directors, employees, vendors, and agents, shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability that any incumbent local exchange carrier in the provider's service area, and its officers, directors, employees, vendors, or agents, have under applicable law, whether through statute, judicial decision, tariffs filed by the local exchange company, or otherwise, including in connection with an act or omission involving the release of subscriber information related to the emergency calls or emergency services to a public safety answering point (PSAP), emergency medical service provider, emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility. A person using an IP-enabled service that offers 911 or E911 services pursuant to this section shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under applicable law in similar circumstances of a person using 911 or E911 service that is not provided through an IP-enabled voice service. In matters related to IP-enabled 911 and E911 communications, a PSAP, and its employees, vendors, agents, and authorizing government entity, if any, shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under applicable law accorded to the PSAP, employees, vendors, agents, and authorizing government entity, respective, in matters related to 911 or E911 communications that are not provided via an IP-enabled service. Emergency communications districts shall be immune from suit or liability for civil claims arising from the actions or omission of emergency communications district personnel in processing emergency calls, except that claims for recklessness or intentional misconduct in processing emergency calls shall be permitted, but damages for such claims shall not exceed actual damages or the maximum award that may be awarded per claimant by the Tennessee claims commission. A provider or user of 911 services or next generation 911 services, a public safety answering point, and the officers, directors, employees, vendors, agents, and authorizing government entity, if any, of such provider, user, or public safety answering point, shall have immunity and protection from liability under federal and state law to the extent provided in subdivision (d)(1) with respect to: The release of subscriber information related to emergency calls or emergency services; The use or provision of 911 services, E911 services, or next generation 911 services; and Other matters related to 911 services, E911 services, or next generation 911 services. A dealer or provider of telecommunications service and other services, a user of such services, and a public safety answering point, and the officers, directors, employees, agents, vendors, and authorizing government entity, if any, involved in providing 911 service, shall not be liable for: Any civil claim, damage, or loss caused by an act or omission in the design, development, installation, maintenance, or provision of 911 service; The release of subscriber information related to emergency calls or emergency services; and Other matters related to the provision of 911 service. Acts 2006, ch. 925, § 6; 2014, ch. 795, § 8. Compiler's Notes. Acts 2014, ch. 795, § 1 provided that the act, which amended this section, shall be known and may be cited as the “911 Funding Modernization and IP Transition Act of 2014”. Amendments. The 2014 amendment, effective January 1, 2015, added (d). Effective Dates. Acts 2014, ch. 795, § 15. January 1, 2015.