Version July 2023
PLEASE READ THIS NOTICE CAREFULLY this disclosure regarding Gen Mobile’s limitations on 911 emergency service and Gen Mobile’s (a) Terms & Conditions, (b) Consumer Policies & Privacy Notice, (c) MyGenMobile App End User License Agreement; (d) Auto Pay Authorization, (e) ILD Consumer Agreement, (f) the Global Unlimited Text Messaging, (g) the Rate Plan, and (h) other terms, rules, or policies as made available to you from time to time, as they apply to all Gen Mobile devices (each a “Device”), services, and related products or features (collectively, the “Service” or “Services”) that Gen Mobile may provide to you when purchasing or using our products and/or services (“you” and “your” means an individual who purchases or uses Gen Mobile’s products and/or services). This notice may be amended or updated at any time and from time to time in Gen Mobile’s sole and absolute discretion (effective immediately upon posting).
When we say “we”, “us”, “our” or “Gen Mobile”, we mean DISH Wireless L.L.C. and when we say “you”, “your”, “customer” and “user”, we mean a Gen Mobile account holder or anyone who uses our Devices or Services, including, without limitation, all beneficiaries hereof.
Gen Mobile discloses certain limitations of our service that you consent to as a condition of using our Service. By using our Service, you acknowledge that you understand and agree to all of these terms and conditions of use.
PRIOR TO PURCHASING A MOBILE DEVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE LIMITATIONS ASSOCIATED WITH THE 911 AND E-911 SERVICES AVAILABLE THROUGH GEN MOBILE.
IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE GEN MOBILE SERVICES.
- Limitations of Calls to 911 and 911 Service. This is an explanation of limitations on Gen Mobile service of emergency calls to 911 (“911 Service”). Below, we address limitations on (1) 911 service generally, (2) calls to 911 made via Gen Mobile’s mobile voice service, (3) calls made to 911 via Gen Mobile WiFi Calling Service, and (4) Text-to-911 Service. When we say “911,” we mean that term to also include “Enhanced 911” or “E911,” which is 911 plus some location and call-back functionalities designed to locate mobile wireless callers in an emergency. E911 only works where 911 call centers called Public Safety Answering Points (“PSAPs”) have installed E-911 capable equipment.
- General 911 Service Limitations. There are service limitations that are specific to calls to 911 made via Gen Mobile’s mobile voice service, Texts to 911, and calls made to 911 via Gen Mobile WiFi Calling Service, which are explained in detail below, but circumstances that may cause all of these services to be limited or unavailable include, but not limited to: wireless network outage, network congestion, power outages or other loss of electrical or battery power, the PSAP’s ability or willingness to receive and respond to an emergency call or text message, if you are prepaid customer with a zero-dollar ($0) or negative balance, the device is not located in the United States of America, you have a weak or non-existent GPS signals, signal interference or degradation, and/or other technical limitations.
Please remember that all of Gen Mobile Rate Plans rely on radio waves, which are part of the natural environment. That means that Gen Mobile Rate Plans are affected by environmental factors that can block or degrade wireless communications signals including geography, terrain, obstructions (e.g., buildings or trees), storms and inclement weather, natural disasters, and even space weather (i.e., solar flares). In addition, Gen Mobile uses device-based location methods of locating 911 callers that, though generally reliable, may not work in every circumstance. Thus, we cannot guarantee that we will provide PSAPs with your precise location.
- Emergency Mobile Wireless Calls to 911. You agree that Gen Mobile may, whenever you dial 911, and without further notice to you, use or disclose personal information, including but not limited to data such as a civic address that you have provided and/or device-based location information (including, but not limited to, horizontal and vertical location coordinates). The Federal Communications Commission (“FCC”) requires Gen Mobile to collect and share the location of 911 callers for the limited purpose of enabling first responders to respond to 911 emergencies.
You further acknowledge that even though Gen Mobile will make commercially reasonable efforts to route your 911 call to the appropriate 911 emergency dispatch center or PSAP, calls may be routed to a PSAP covering a neighboring or distant area due to incorrect location information supplied by you, inaccurate or unavailable routing information, mechanical failure, and error.
- Text-to-911. IN AN EMERGENCY, WHENEVER POSSIBLE, CALL 911. Text-to-911 is available only in limited areas because not all local public safety officials are equipped to handle them. You cannot use Text-to-911 unless you are in an area where the PSAP accepts Text-to-911 messages and the device you are using has both an active messaging plan and a cellular-data connection (having only a Wi-Fi connection will not be sufficient).
Where available, Text-to-911 service may allow standard SMS text message communication with a 911 call center. Delivery or receipt of messages is not guaranteed and messages may fail, be delayed or be out of sequence. Text-to-911 may only be available only in certain limited areas where it has been requested and implemented by local public safety officials.
The Text-to-911 service is not available when roaming. If you are a prepaid customer with a zero-dollar ($0) or negative balance, a PSAP will not be able to text you back, which could result in the PSAP calling your number from a phone number that does not appear to be from 911 (i.e., an administrative phone number of the PSAP).
If you use Text-to-911, be prepared to provide your precise physical location to emergency responders.
- Gen Mobile Wi-Fi Calling Service. This service completes telephone calls using Voice over Internet Protocol (“VoIP”) technology by connecting a capable Gen Mobile’ wireless device to a router using a Wi-Fi signal and is intended primarily for use within the domestic United States (“U.S.”). VoIP telephony is fundamentally different from traditional telephone service and has inherent limitations.
The WiFi Calling Service, including 911 calling, may be unavailable or limited in some circumstances, including without limitation the circumstances described below. While the WiFi Calling Service may be available in a limited number of countries outside the U.S., calls to 911 and other international emergency service abbreviated dialing codes, such as 1-1-2 or 9-9-9, WILL NOT function over Wi-Fi and should not be used or relied upon during an emergency. You certify awareness of the WiFi Calling Service limitations outlined below and that WiFi Calling Service will not be used by anyone other than you without first notifying the end user of such limitations.
Gen Mobile is responsible only for any WiFi Calling Service that it provides. If you download or software, applications, or services (including voice applications) provided by anyone other than Gen Mobile, your calls, including calls to 911, may not work the same as services offered by Gen Mobile, and might not work at all. You are solely responsible for any third–party applications, data, content, or services that you access, download or use on your device.
When you call 911, always state where you are to the person who answers (i.e., identify the physical location where you can be found). 911 call takers still need you to tell them where you are.
As part of Gen Mobile’s WiFi Calling Service, an address will be collected from you as the physical location where you want first responders to search for you in the case of an emergency 911 call. We call this the “Registered Location.” You will not be authorized to use the WiFi Calling Service until you provide a Registered Location. It is vitally important that you keep the Registered Location current and update it whenever you change your location. You can do this at any time in the settings of your device. It may take some time to process your request and there could be delay from the time you submit an updated Registered Location and the time it can be used for routing to the appropriate PSAP or delivered to the PSAP. You are responsible for keeping your Registered Location current and accurate at all times.
- 911 Limitations of WiFi Calling Service.
- Companion Service. If you use an Apple iPhone on Gen Mobile network, you may be able to use your Apple ID to associate devices such as laptops, tablets, and smart watches (“Adjunct Devices”) with the primary telephone number assigned to the iPhone. By using the Companion Service, you agree to provide Gen Mobile with a Registered Location for each Adjunct device to help avoid circumstances where an Adjunct Devices are in different physical locations than the location of the primary telephone. You must keep the Registered Location for each device used in the Companion Service current because, based on how the Apple Companion service works, devices that you link by the primary Gen Mobile telephone number do not need to be in the same physical location. In fact, Adjunct Devices could be separated from the location of record of the primary telephone by many miles, which could have the effect of leading 911 emergency responders to a location where you are not physically located. By using the Companion service, you also acknowledge and agree that all of your linked devices could ring when someone calls your primary telephone, including 911 PSAP call takers who may need to call you back after you place a call or text to 911.
Like all mobile wireless companies, we are required by law to provide information to government and law enforcement entities, as well as parties to civil lawsuits, by complying with court orders, subpoenas, lawful discovery requests and other legal requirements.
- Automated Call Blocking. Blocked calls are calls that are stopped in the network and never reach your device. Blocked calls are not directed to voicemail. In addition to providing you with method for blocking unwanted calls and robocalls, Gen Mobile may automatically block calls in the network from telephone numbers which are invalid or are on a DNO (Do Not Originate) list. These are numbers that should not be making calls in the first place.
Gen Mobile also may, in its sole discretion, use reasonable network-based call analytics that incorporated caller ID authentication information to identify and block categories of calls that are highly likely to be illegal. As part of this program: 911 emergency calls are not blocked, blocking services are provided with no additional line-item charge, the network-based analytics are applied in a non-discriminatory, competitively neutral manner, all reasonable efforts are taken to ensure that calls from public safety answering points and government emergency numbers are not blocked, and we provide a system for redress, including a single point of contact, if you believe calls were inappropriately blocked.