[comp.dcom.telecom] Emergency Calls

Gordon Burditt <gordon@sneaky.lonestar.org> (06/24/91)

> Also, if you claim an emergency exists as the reason for the busy
> party to break the connection when in fact there is no emergency, then
> you are probably guilty of a misdeamenor crime. Likewise if an
> energency *does* exist and the called party refuses to yield the line
> then he is guilty of a misdemeanor crime.    PAT]

It's a misdemeanor for me to refuse to get off the line so I can
receive a call which someone calls an emergency?  (How about if I get
off the line and re-establish the call, or just hang up on the
"emergency"?  What if my modem is using the line?  Is the operator
expected to speak PEP?)

What is the legal definition of "emergency" when the person being
called is not the police, fire department, medical personnel, repair
crews for various utilities, the military, nor does this person
support them in their work?  My phone book says an emergency is "a
situation in which property or human life is in jeopardy and the
prompt summoning of aid is essential".  It also talks about emergency
calls being to "a fire department or police department or for medical
aid or ambulance service".

I had at least one relative who genuinely considered a birth
announcement or acknowledgement of receipt of a package to be an
emergency.  A former manager considered a 5% probability that I might
be needed by others working on Sunday sometime during that day to be
an emergency requiring my presence immediately (a phone call if/when
I'm actually needed would take too long).

I'm not talking about a party line, or someone on an extension, where
someone needs to call the police, fire department, or an ambulance.
Nor am I objecting to a break-in on my conversation when I am talking
to the police, fire department, or medical personnel, unless my call
was a greater emergency.  Nor will I object if the trunk I was using
is needed to reach emergency services.  I can't think of a reason why
emergency services would need to reach me.  I can't think of a single
situation where a call directed to me would be an emergency.  (The
class of "relative hit by truck or arrested" reasons don't apply
because all my relatives are out-of-state.  Even then I'm not sure
they qualify as emergencies.  I'm not a doctor or lawyer).


Gordon L. Burditt     sneaky.lonestar.org!gordon


[Moderator's Note: Your telephone book pretty accurately describes an
'emergency'.  Examples perhaps you could understand: Your neighbor's
phone is out of order; they knock on your door and ask you to call the
Fire Department. You refuse, because your single line is engaged on
another call. You are at work using the phone and your landlord or
neighbor calls to say YOUR house caught fire. You are using a pay
phone on the street corner. There is an autombile accident and one of
the victoims asks you to get off the phone so they can call the police
or ambulance.   Good enough examples for you?   PAT]

"John R. Covert 25-Jun-1991 0727" <covert@covert.enet.dec.com> (06/25/91)

I think Patrick is making laws up again.

My phone book says: "State law requires you to yield a party line
immediately when told the line is needed for an emergency."  Here
Massachusetts is referred to.  A phone book from neighboring New
Hampshire says: "Whoever shall willfully refuse to yield the use of a
telephone party line for giving of a fire alarm or emergency call  ..."

My recollection in every other state is that this only applies to
party lines.

If the Moderator can provide an example where this applies to single-party
service, I would like to see it.


john


Moderator's Note: IBT phone books used to use the phrase 'party-line'
in discussing yeilding of the line in the event of an emergency. Then
for a couple years the phrase was 'telephone facilities you share with
others', which I assume could mean party lines or extension phones in
your home, or I presume a pay phone on the corner you 'share' with
others who need to use it.  Then they discontinued saying anything
about it except to note in the section on 'how and when to use 911'
where they noted it was a crime to lodge a phalse report and that
'the sense of the Illinois legislature is that public policy dictates
yeilding telephone lines when requested to do so in the event of an
emergency communication.'  Now the past couple years, nothing is said
either way.  PAT]

S M Krieger <smk@attunix.att.com> (06/25/91)

> [Moderator's Note: Your telephone book pretty accurately describes an
> 'emergency'.  Examples perhaps you could understand: Your neighbor's
> phone is out of order; they knock on your door and ask you to call the
> Fire Department. You refuse, because your single line is engaged on
> another call. You are at work using the phone and your landlord or
> neighbor calls to say YOUR house caught fire. You are using a pay
> phone on the street corner. There is an autombile accident and one of
> the victims asks you to get off the phone so they can call the police
> or ambulance.   Good enough examples for you?   PAT]

Is this stretching the point a bit?

As I used to read the "emergency" rule, it seemed to be intended for
party-line service.  When/how was it extended to single line service
or public phones?


Stan Krieger                     All opinions, advice, or suggestions, even
AT&T UNIX System Laboratories    if related to my employment, are my own and
Summit, NJ                       do not represent any public or private
smk@usl.com                      policies of my employer.

Ed_Greenberg@3mail.3com.com (06/25/91)

Patrick states that you are required to relinquish your private non-
party telephone in an emergency.  He cites the example of a neighbor
knocking on your door and demanding that you call the fire department
on his behalf.

Let's leave aside the callousness required to refuse.

I find nothing in the San Jose/Santa Clara white pages backing this up, 
at least for California.  What I do find is this:

 WARNING -- Give Up Your Party Line in an Emergency

 California Penal Code section 384 makes it a misdemeanor for any 
 person to willfully refuse to immediately relinquish a telephone 
 party line when informed that such line is needed for an emergency 
 call to a fire department or police department or for medical aid or 
 ambulance service.  Also, any person who shall secure the use of a 
 telephone party line by falsely stating that such line is needed for 
 an emergency call, shall be guilty of a misdemeanor.

 "Emergency" means "a situation in which property or human life is in 
 jeopardy and the prompt summoning of aid is essential."

I don't see where, under THIS statute, I am required to involve myself
in a neighbor's fire or medical emergency.  Not that I'm such a nasty
person that I would refuse.  Further, I can't see where I am required
by THIS statute to give up my line when an operator breaks in,
although, again, I can't imagine refusing.

Gordon Burditt <gordon@sneaky.lonestar.org> (06/26/91)

The original start of this thread involved a charge for an operator
break-in on an ongoing call, so one party could receive another
emergency or non-emergency call.  The Moderator noted that it was
illegal to refuse to yield the line to RECEIVE an emergency call (or
let someone make one).  I claim that an 'emergency call' directed TO
ME, a person who does not work for emergency services, can never
happen because an emergency call is directed to emergency services, by
both legal definition and common sense.  (When was the last time
someone was in an automobile accident and needed an emergency port of
UNIX to a new platform?  How about the last time a building was on
fire and the fire department needed the root password to put out the
fire?)

The only people a law against the CALLED party failing to release the
line for an emergency call would affect would be the police, fire
department, ambulance services, etc.  If they are not the (intended)
called party, IT'S NOT AN EMERGENCY.

> [Moderator's Note: Your telephone book pretty accurately describes an
> 'emergency'.  Examples perhaps you could understand: Your neighbor's
> phone is out of order; they knock on your door and ask you to call the
> Fire Department. You refuse, because your single line is engaged on
> another call. 

This does not involve a call TO ME.  Nor does it involve an operator
break-in.  (And if I refused in these circumstances, I deserve
punishment).

> You are at work using the phone and your landlord or
> neighbor calls to say YOUR house caught fire. 

This is not an emergency (unless I'm working at the fire department).
An emergency is a situation where human life or property is in danger
and prompt summoning of aid is essential.  Not 'prompt notification of
the owner'.  Not 'prompt notification of the next of kin'.  Not
'prompt claim processing from the injured's insurance company'.  Not
'prompt identification of the injured/dead bodies'.  Not 'prompt
payment for medical services'.  Not 'prompt signing of legal forms'.

> You are using a pay
> phone on the street corner. There is an autombile accident and one of
> the victoims asks you to get off the phone so they can call the police
> or ambulance.   

This does not involve a call TO ME.  Nor does it involve an operator
break-in.

The situation I am trying to address involves a break-in for a call
directed TO ME, not to emergency services.


Gordon L. Burditt    sneaky.lonestar.org!gordon

carroll@cs.washington.edu> (06/27/91)

In article <telecom11.489.2@eecs.nwu.edu> covert@covert.enet.dec.com
(John R. Covert 25-Jun-1991 0727) writes:

> I think Patrick is making laws up again.

	I would agree that from time to time Pat cites Illinois law as if
we all lived in Illinois. It's important, especially with respect to such
a field as telecom in the United States, to differentiate between those
areas governed by federal law and those controlled (or perhaps not
controlled) by the individual states.

	That said, I'll admit that I would not want to be called on to
handle the questions that he does a pretty good job with, and that he
has a much better command of Illinois law than I was able to acquire
during the four years I was there. I never did figure out why I would
need one of those bail bond cards, or why it was so easy to get a fake
drivers' license.

> My phone book says: "State law requires you to yield a party line
> immediately when told the line is needed for an emergency."  Here
> Massachusetts is referred to.  A phone book from neighboring New
> Hampshire says: "Whoever shall willfully refuse to yield the use of a
> telephone party line for giving of a fire alarm or emergency call  ..."

> My recollection in every other state is that this only applies to
> party lines.

	This was the case in Indiana too. I'm not sure that such a law
exists in Washington State.


Jeff Carroll		carroll@ssc-vax.boeing.com

Carl Moore (VLD/VMB) <cmoore@brl.mil> (06/27/91)

(Yes, I notice the example of "neighbor knocking on your door and
demanding that you call the fire department on his behalf".)  Do not
admit people who ask to use your phone, especially if you do not know
them, because this can be used as an excuse by a criminal to get into
your premises.  Instead, offer to make the call yourself.

Greg Andrews <gandrews@netcom.com> (06/30/91)

In article <telecom11.496.4@eecs.nwu.edu> gordon@sneaky.lonestar.org
(Gordon Burditt) writes:

> The original start of this thread involved a charge for an operator
> break-in on an ongoing call, so one party could receive another
> emergency or non-emergency call.  The Moderator noted that it was
> illegal to refuse to yield the line to RECEIVE an emergency call (or
> let someone make one).  I claim that an 'emergency call' directed TO
> ME, a person who does not work for emergency services, can never
> happen because an emergency call is directed to emergency services, by
> both legal definition and common sense.  (When was the last time
> someone was in an automobile accident and needed an emergency port of
> UNIX to a new platform?  How about the last time a building was on
> fire and the fire department needed the root password to put out the
> fire?)

How about a call from the hospital informing you that your spouse was
in a serious automobile accident, is at the hospital in critical
condition, and could die within the hour?

Or a call that your sibling, who has had a long history of severe
depression, is currently talking with the suicide prevention hotline.
There is a very real chance that your sibling will attempt suicide if
you don't talk with them on the phone, or go over to their house.

Are you saying that you do NOT want to receive a call notifying you of
these kind of events?  That the need to get hold of you does NOT
constitute an emergency situation?  That the operator should wait
until you finish chatting with Aunt Edna before calling you?

Of the two examples I cited, the first is merely hypothetical, the
second was a call I overheard on a local radio talk show.  A woman was
discussing with the talk show host (a therapist) how her brother's
suicidal tendencies were affecting her life, when the operator broke
in and asked her to hang up so the suicide prevention hotline could
contact her.

Both of these situations are ones that I would certainly consider an
emergency.  I'm not saying that I would be called upon to respond to a
fire or automobile accident, but that the need to contact me regarding
the imminence of death to my immediate family DOES constitute an
emergency.


Greg Andrews   |   UUCP: {apple,amdahl,claris}!netcom!gandrews
               |   Internet: gandrews@netcom.COM              

"Patton M. Turner" <pturner@eng.auburn.edu> (06/30/91)

Gordon Burditt <gordon@sneaky.lonestar.org> writes:

> I claim that an 'emergency call' directed TO ME, a person who does
> not work for emergency services, can never happen because an
> emergency call is directed to emergency services, by both legal
> definition and common sense.
 
I disagree.  Several years ago there was a wildfire near some property
my family owns.  I happened to drive by soon after the fire started.
A friend of mine had a farm almost across the road from the fire.  I
intended to borrow his tractor and help put the fire out, but he had
removed the key from the ignition.  I open a ped containing the drop
to his barn, clipped my test set on the C wire, and called his house.
The line was busy, so I asked the operator to break in on the line.

His wife told me were the spare key was hidden, and I got the tractor.
I attached a rear blade to the tractor and got to the fire several
minutes before the local fire department.  Two other tractors, myself
and about 20 others put the fire out in about an hour, but not before
it burned a barn down.  It wasn't until after the fire was out that
the Alabama Forestry Commission showed up with their tractor-plow.

Several years ago (1987 I think) a Sheriff in Dolmite, AL tried to
serve a warrent on Frank Camper who ran a mercinary traning camp.  Mr.
Camper fled into wood shortly before their arrival, so the sheriff
formed a posse of local turkey hunters, who tracked him down in a few
hours and arrested him.

Living in rural Alabama, events such as this aren't all that unusual.
I've known a number of people not affilated with emergency services to
be called in an emergency including SCUBA divers, pilots, boat and
four wheel drive owners, hams, contractors, hunters, etc.

The case could also be made for emergency calls to plant managers and
engineers, personel employed in critical industries such as power,
telephone, and gas companies, or people who owned equipiment or possed
knowledge useful to emergency services personel.


Pat Turner    KB4GRZ      pturner@eng.auburn