Del. Code tit. 16, § 10001 Purpose.
The purpose of this chapter is to establish an integrated and effective 911 system throughout this State in order to improve and enhance emergency communication procedures and delivery of 911 services.
911-Enhanced Emergency Number Service
Del. Code tit. 16, ch. 100
in effectDel. Code tit. 16, § 10002 Definitions.
As used in this chapter:
(1) “911 call” means a request for emergency assistance from the public by dialing 911 or addressing the ESInet regardless of the technology used, and may include voice, text, images, and video, whether originated by wireline, wireless, satellite, or other means.
(2) “911 dispatcher” means a first responder working in any 911 dispatch center who is responsible for responding to calls for emergency and nonemergency assistance and dispatching law enforcement, fire, rescue, or emergency medical units.
(3) “911 system” means an emergency communications system that:
a. Enables the user of a communications service connection to reach a public safety answering point by accessing 911. A communication service connection includes a telephone, computer, or commercial mobile radio service, interconnected voice over internet protocol service, or other data communications service connection that transmits data exclusively, such as text messaging.
b. Provides for 911 services dispatch by public safety answering points.
(4) “Board” or “E911 Board” means the 911 System Service Board.
(5) “Commission” means the Public Service Commission.
(6) “Computer Aided Dispatch System” or “CAD” means a software platform that efficiently manages calls, dispatches resources, and tracks incidents in real time.
(7) “Emergency medical dispatch (EMD) center” means any dispatch center that receives 911 calls requesting emergency medical assistance, processes those calls, or dispatches emergency medical service resources.
(8) “Emergency Services Internal Network” or “ESInet” means a 911 call delivery system.
(9) “FCC 911 order” means all orders issued by the Federal Communications Commission pursuant to the proceeding entitled “Revision of the Commission’s Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems” (CC Docket No. 94-102; RM-8413), or any successor proceeding, regarding the delivery of wireless automatic number identification and wireless automatic location information as of the dates and according to the other criteria established therein.
(10) “Fund” means the 911 System Service Fund created by Chapter 101 of this title.
(11) “Next generation 911” or “NG911” means a digital, internet protocol-based (IP-based) system that uses next generation 911 technology.
(12) “Next generation 911 technology” means equipment, products, or services that enable a PSAP to receive calls for emergency assistance by voice, text, video, internet protocol, or other technology authorized by federal law, regulation, or industry standard. The term includes any new technology with the same or similar functionality.
(13) “Provider” means a telecommunications service provider, including a wireless provider, any other provider that is required to or opts to provide 911 service, or any intermediate entity or pass through agent providing telecommunications services.
(14) “Public safety answering point” or “PSAP” means any communications facility designated by the Board that receives and answers 911 voice and data communications.
(15) “Secretary” means the Secretary of the Department of Safety and Homeland Security.
(16) “Wireless 911 service” means 911 service provided by a wireless provider, pursuant to the FCC 911 order.
(17) “Wireless automatic location information” means the delivery or receipt of the approximate geographic location, as specified in the FCC 911 order, of the wireless device being used to place a call to a 911 system or to a wireless E-911 system.
(18) “Wireless automatic number identification” means the delivery or receipt of the telephone number when available assigned to the wireless device being used to place a call to a 911 system or to a wireless 911 system.
(19) “Wireless provider” means a person engaged in the business of providing wireless service to end-use customers and resellers of such service in this State or commercial mobile radio service providers as defined by the Federal Communications Commission.
(20) “Wireless service” means commercial mobile radio service as defined under § § 3(33) and 332(d) of the Communications Act of 1934 [47 USC § § 153(33) and 322(d)], as amended by the federal Telecommunications Act of 1996 (47 U.S.C. § 151 et seq.).
(21) “Wireless service customer” means a person who is billed by a wireless provider for wireless service within this State.
(22) “Wireline” means telecommunications service provided in part over fixed physical access facilities, such as wires and cables, between residences or businesses and a telephone company switching office.
Del. Code tit. 16, § 10003 Establishment of the 911 system.
There is hereby established a centralized statewide 911 system whereby all PSAPs in this State shall be equipped with and maintain a 911 system that uses next generation 911 technology or other technologies adopted by the Board.
Del. Code tit. 16, § 10004 Authority of the Public Service Commission.
(a) The Commission shall require all telegraph corporations, telephone corporations, or any corporation supplying wireline telephone service within this State to provide 911 system capability to every PSAP.
(b) The Commission shall further authorize said telegraph corporation, telephone corporation or corporation supplying wireline telephone service within this State to recover the expense of providing said service through such fees or tariffs as may be necessary. The Commission shall permit, but not require, the recovery of such expense through a separately identified charge.
(c) The Commission shall review telephone rates charged by any provider which as of June 1, 2001, had 911 costs embedded in such rates and shall assure that such rates are adjusted as of January 1, 2002, to account for the removal of the embedded costs from them.
(d) To the extent of the Commission’s authority relative to assignment of “N11” telephone numbers, the Commission shall not authorize telegraph corporations, telephone corporations or any corporation supplying telephone service within the State to:
(1) Establish any 3-digit number with “11” as the last 2 digits for any commercial purpose; or
(2) Establish any 3-digit number with “11” as the last 2 digits for public safety purposes except as recommended by a review committee established by subsection (d) of this section.
(e) A committee to review the need for a 3-digit number for public safety purposes is hereby established consisting of the following:
(1) A representative from the Department of Safety and Homeland Security appointed by the Secretary of Safety and Homeland Security.
(2) A representative from the State Fire Prevention Commission appointed by the Chair of the Commission.
(3) A representative from the Delaware Volunteer Firefighter’s Association appointed by the President of the Association.
(4) A representative from the Delaware State Police appointed by the Superintendent of State Police.
(5) A representative from the Delaware State Police Chief’s Council appointed by the Chairperson of the Council.
(6) A representative from the Delaware 911 Users Group elected from its members.
(7) A representative appointed by the Governor.
(f) The Committee established under subsection (e) of this section shall select a chair from its members and review the use of the numbers upon request. The committee by majority vote shall either approve or disapprove the request, and shall submit its recommendation to the Commission. The Committee shall conduct its meetings and hearings in accord with the Freedom of Information Act, Chapter 100 of Title 29 of the Delaware Code.
Del. Code tit. 16, § 10005 911 System Service Board.
(a) There is hereby established the 911 System Service Board.
(b) The Board shall act in an advisory capacity to the Governor, the Secretary, and the General Assembly on all matters related to the 911 system, service, and funding thereof.
(c) The Department of Safety and Homeland Security shall provide administrative support to the Board and may seek reimbursement from the Fund for reasonable costs incurred with administering the Board and Fund. The Secretary must appoint and fix the salary of the 911 Director. The Director must serve as the Board’s administrative officer and is responsible for administering, directing, and managing the affairs and business of the 911 system on behalf of the Board.
(d) The Board’s duties and responsibilities include the following:
(1) The Board must monitor trends in communications service technology utilized for the delivery of 911 services and develop strategies for future enhancements to the State’s 911 system.
(2) The Board must coordinate, adopt, and communicate all necessary technical and operation standards and requirements to ensure an effective statewide interconnected NG911 network.
(3) The Board must administer the 911 Fund and distribute revenue from the Fund in accordance with this title, including to use the Fund to pay obligations the Board incurs for statewide 911 projects.
(4) The Board, through the Department of Safety and Homeland Security, must serve as the exclusive contracting agent for the statewide 911 system, and must make and enter into cooperative purchasing agreements, contracts, and other agreements for professional, material, and non-professional services necessary or incidental to a statewide centralized 911 system. PSAPs may procure ancillary or additional programs and equipment to supplement the statewide system.
(5) The Board must establish efficient procurement processes to better enable the State to obtain the highest quality goods, materials, and services at the best possible price.
(6) The Board must determine and establish the number and location of PSAPs within the State. There may not be more than 9 total PSAPs authorized in the State. All PSAPs in operation as of [the effective date of this Act] must be grandfathered in and may continue to operate. In the event that a grandfathered PSAP ceases operations, or is otherwise closed, it may not be replaced, and the total number of authorized PSAPs shall be reduced accordingly.
(7) The Board must provide an annual report to the Governor, Secretary, Department of Technology and Information, the Chief Clerk of the House, the Secretary of the Senate, and the Director and Librarian of the Division of Research, no later than March 1 of each year that must contain, at a minimum, the following:
a. A summary of the progress on the 911 system.
b. An evaluation of the 911 system as a whole.
c. The capital improvements and expenditures proposed for the upcoming fiscal year.
d. The expected revenues from the surcharges in the next fiscal year.
e. A summary of the revenues and expenses for the prior fiscal year.
(e) The Department of Safety and Homeland Security shall provide administrative support to the Board and may seek reimbursement from the Fund for reasonable costs incurred with administering the Board and Fund. The Secretary must appoint and fix the salary of the 911 Director. The Director must serve as the Board’s administrative officer and is responsible for administering, directing, and managing the affairs and business of the 911 system on behalf of the Board.
(f) The Board’s duties and responsibilities include the following:
(1) The Board must monitor trends in communications service technology utilized for the delivery of 911 services and develop strategies for future enhancements to this State’s 911 system.
(2) The Board must coordinate, adopt, and communicate all necessary technical and operation standards and requirements to ensure an effective statewide interconnected NG911 network.
(3) The Board must administer the 911 Fund and distribute revenue from the Fund in accordance with this title, including to use the Fund to pay obligations the Board incurs for statewide 911 projects.
(4) The Board, through the Department of Safety and Homeland Security, must serve as the exclusive contracting agent for the statewide 911 system, and must make and enter into cooperative purchasing agreements, contracts, and other agreements for professional, material, and nonprofessional services necessary or incidental to a statewide centralized 911 system. PSAPs may procure ancillary or additional programs and equipment to supplement the statewide system.
(5) The Board must establish efficient procurement processes to better enable this State to obtain the highest quality goods, materials, and services at the best possible price.
(6) The Board must determine and establish the number and location of PSAPs within this State. There may not be more than 9 total PSAPs authorized in this State. All PSAPs in operation as of June 30, 2026, must be grandfathered in and may continue to operate. In the event that a grandfathered PSAP ceases operations, or is otherwise closed, it may not be replaced, and the total number of authorized PSAPs shall be reduced accordingly.
(7) The Board must provide an annual report to the Governor, Secretary, Department of Technology and Information, the Chief Clerk of the House, the Secretary of the Senate, and the Director and Librarian of the Division of Research, no later than March 1 of each year that must contain, at a minimum, the following:
a. A summary of the progress on the 911 system.
b. An evaluation of the 911 system as a whole.
c. The capital improvements and expenditures proposed for the upcoming fiscal year.
d. The expected revenues from the surcharges in the next fiscal year.
e. A summary of the revenues and expenses for the prior fiscal year.
(g) Actions by the Board require a majority vote of those present at Board meetings where a quorum has been established.
(h) The Board must work in concert with the Department of Safety and Homeland Security, providers, emergency service providers, counties, and municipal governments offering 911 service and any other appropriate department, agency, or committee focusing on statewide emergency service affected by the development and maintenance of the 911 system.
(i) The Board may exercise all powers and conduct such activities as are necessary in carrying out its responsibilities under this chapter and Chapter 101 of this title.
(j) All “providers” as defined § 10002 of this title must officially designate a person to coordinate with, and provide information to, the Board as required by the Board.
Del. Code tit. 16, § 10006 Establishment of 911 Emergency Medical Dispatch System.
(a) There is hereby established a statewide 911 Emergency Medical Dispatch (EMD) System whereby all PSAPs in this State providing emergency medical dispatch shall, through a contract with the Department of Safety and Homeland Security, do all of the following:
(1) Provide systematized caller interrogation questions; systematized prearrival instruction; and use and adhere to State EMD dispatch protocols matching the dispatchers evaluation of injury or illness severity with vehicle response mode and configuration.
(2) Electronically collect data regarding calls for assistance and all times related thereto, EMD dispatch protocol information, and ANI/ALI information.
(3) Measure all time increments in increments of seconds.
(4) Electronically transfer all required information collected to a central database maintained by OEMS on a real time basis.
(5) Use computerized case entry, case management and quality inspection software approved by OEMS.
(6) Have the capability of handling multiple (2 or more) calls simultaneously, including the ability to provide prearrival instructions consistent with the medical protocols. This capability must exist 24 hours per day throughout the entire year.
(7) Have the capability to 1-button transfer all data related to a call for medical assistance to the county PSAPs and must utilize that capability. Specifically, when a local PSAP determines that a call for assistance requires ALS, an immediate 1-button transfer of all data must be made to the county PSAP. The transferred data must include the first call pickup time (time call received by local PSAP) and the time the local PSAP transferred the call to the EMD.
(8) Maintain accreditation by the National Emergency Number Association (NENA), National Association of Emergency Medical Dispatch (NAEMD), and a certification in Emergency Fire Dispatch (EFD) and Emergency Police Dispatch (EPD).
(9) Have the capability to transfer data by CAD to CAD.
(b) [Repealed.]
Del. Code tit. 16, § 10007 Compliance with E-911 service plan [Repealed].
Del. Code tit. 16, § 10008 Limitation of liability.
No person involved in the provision of 911 service who in good faith receives, develops, collects or processes information for the enhanced 911 data bases, relays, transfers, operates, maintains, or provides 911 services or system capabilities, or provides emergency telephone and radio communications for ambulance, police and fire departments, is liable for damages in any civil action for any act or omission that results in death, injury, or loss to person or property unless such action or inaction constitutes gross negligence or an intentional tort. This section shall be construed to include 911 service that utilizes in whole or in part Internet Protocol or other next generation 911 technologies.
Del. Code tit. 16, § 10009 Provider records.
Pursuant to a nondisclosure agreement with the Board and only to the extent required to accomplish any lawful purpose directly related to the 911 system, each provider must provide relevant information as requested in writing by the Board relating to subscribers, provider specific revenues and expenses, and automatic location information. The information shall remain the exclusive property of the provider notwithstanding any other provision of law and may not be disclosed by the Board except pursuant to the terms of the nondisclosure agreement with the provider.
Del. Code tit. 16, § 10010 Confidentiality of information and release of information.
(a) Identifying information of provider subscribers, provider-specific revenues and expenses, trade secrets, commercial information and other information must be treated as confidential and, notwithstanding other provisions of law, is not subject to public disclosure by this State or its representatives. The information made available to this State, its representatives, or providers of emergency services shall be used solely for purposes of delivering or assisting in the delivery of 911 emergency services or services that notify the public of an emergency.
(b) No provider is liable for releasing subscriber information, including private listing information, for purposes of complying with the requirements of this chapter, Chapter 101 of this title, or as otherwise required by law.
(c) Text and audio recordings of 911 calls are confidential and may not be disclosed except as provided in this subsection. All 911 calls and information furnished in the call or investigative process are confidential and are exempt from the Delaware Freedom of Information Act, Chapter 100 of Title 29. The Department of Safety and Homeland Security, or a PSAP, may disclose confidential information in the following circumstances:
(1) To local, state, and federal emergency responders for purposes of processing calls and providing emergency service.
(2) To persons within the 911 system to the extent necessary to implement and manage the 911 system.
(3) To criminal justice agencies, as defined in § 8502 of Title 11, for the purposes of the administration of criminal justice related to a 911 call.
(4) To the Department of Safety and Homeland Security for the purposes of system maintenance and quality control.
(5) In accordance with an order issued by a court of competent jurisdiction.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c100/index.htmlFetched: 6/28/2026