Limitations on 911 Emergency Services

GEN MOBILE LIMITATIONS ON 911 EMERGENCY SERVICES

Version November 2022

 

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 & Privacy Policies, (c) Gen Care 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.

 

  1. 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.

 

  1. 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.  

 

  1. 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. 

 

  1. 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.

 

  1. 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. 

 

  1. 911 Limitations of WiFi Calling Service.

A. Relocation of End User Devices.If you use the WiFi Calling Service in a location other than the Registered Location for that device, 911 calls may not be routed to the appropriate Public Safety Answering Point ("PSAP") for the end user’s current physical location.

B. Use of “Non-Native” Telephone Numbers.If you use the WiFi Calling Service with an assigned telephone number that is outside the rate center of the Registered Location, the PSAP for the Registered Location may not recognize the telephone number for call-back or other informational purposes.

C. Broadband Connection Failures.The WiFi Calling Service will not be able to make calls if you lose connectivity to the Internet. Due to Internet congestion and network design issues, 911 calls placed through the WiFi Calling Service may sometimes produce a busy signal, experience unexpected answering wait times, or take longer to answer than 911 calls placed through traditional telephone networks.
D. Loss of Electrical Power.The WiFi Calling Service will not operate if you have lost electric power for the WiFi Calling Service or for other WiFi Calling Service-enabling equipment. After a power outage, you may need to reset or reconfigure enabling equipment or devices before being able to use the WiFi Calling Service.
E. Updating Registered Locations in ALI Databases.If you do not correctly identify the physical location of the WiFi Calling Service when defining the Registered Location, 911 calls through the WiFi Calling Service may not reach the correct PSAP. At initial activation of the WiFi Calling Service, and following any update to Registered Locations, there may be some delay before complete and accurate information is passed to the local emergency service call taker.
F. Viruses and security updates. You must maintain Internet security protections, including virus protections when you access or use any VoIP technology.  Failure to do this could prevent you from using the WiFi Calling Service and you may not be able to reach 911 emergency services.
G. Registered Locations.Gen Mobile relies on the Registered Location of the WiFi Calling Service at the time a 911 call is placed to route the call to the appropriate PSAP within the domestic U.S. and to provide the PSAP with your location. Your device may automatically attempt to determine the Registered Location information based on its location. You should verify and update the Registered Location information regularly and when accessing a Wi-Fi network with the same name (SSID) that may exist in multiple locations. Registered Location information is not automatically updated for a location with the same network name or for other non-cellular devices being used with the WiFi Calling Service. If you do not update the Registered Location or it is not complete, Gen Mobile may attempt to route a 911 call based on earlier Registered Location information, which may not match your actual location and may cause a 911 call to be misrouted and/or provide a PSAP with incorrect location information. Always be prepared to provide your actual location to a call taker.  If you decide to link devices such as laptops, tablets, or smart watches to a Voice over IP application or service that allows all of the linked devices to use a Gen Mobile provisioned telephone number or that cause all calls to those devices to ring simultaneously with a phone (e.g., Companion Service), you agree to provide Gen Mobile a Registered Location for each device and to update those Registered Locations whenever there is a change to the location of each device.
H. PSAP Limitations.The PSAP designated to receive 911 calls for a particular Registered Location through the WiFi Calling Service may not have a system configured for all 911 services. The PSAP may not be able to capture, retain or otherwise determine the phone number, Registered Location, or physical location of the VoIP device placing the 911 call. Accordingly, you must be prepared to provide this information to the PSAP. Until and unless you do so, the emergency service call taker may be unable to call you back or to otherwise assist you in the event of an emergency.
I. Warning Labels and Certifications.You must notify end users of the WiFi Calling Service about the 911 limitations of the WiFi Calling Service as outlined in this acknowledgement. Gen Mobile provides you with warning labels regarding the limitations or unavailability of 911 services. You will place labels on or near each VoIP device used to access the WiFi Calling Service. You will acknowledge and complete all advisory notices and certifications received from Gen Mobile regarding 911 service. Click here to download a warning label.
J. Customer Choice. You must carefully evaluate the individual circumstances in deciding whether to rely solely upon the WiFi Calling Service for 911 calling or to make necessary provisions for access to emergency calling services (e.g. maintaining a conventional landline phone as a backup means of completing emergency calls).
K. Other Limitations.In addition to 911 limitations, the WiFi Calling Service does not support Wireless Emergency Alerts and may not support other wireless products and services. Other non-cellular devices capable of Wi-Fi Calling may not support a 911 call over a wireless carrier network and may be limited to Wi-Fi Calling capabilities only, if available and connected. The primary device user can deactivate WiFi Calling Service on all other associated devices at any time and thereby eliminate Wi-Fi Calling, including 911 calling, from those devices.
L. Limitation of Liability and Release.Gen Mobile is not liable for any failure to access emergency services when using the WiFi Calling Service. You hereby release and discharge Gen Mobile, its affiliates and subsidiaries, and their respective officers, directors, employees, agents and vendors affiliated with the WiFi Calling Service from any and all claims, losses, damages, fines, penalties, costs, expenses and liability arising out of your or any third party’s use of the WiFi Calling Service, and hereby acknowledges that Gen Mobile is not liable for any failure or outage of the WiFi Calling Service, including those related to 911 dialing in the USA and Emergency Services Calling in other countries where the WiFi Calling Service is permitted by Gen Mobile. This release and waiver extends to all claims of any kind or nature whether foreseen, known or unknown.

 

  1. 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.

 

  1. Legal Process and Other Disclosures. By using any Gen Mobile Service, you agree that Gen Mobile may access, monitor, use or disclose your personal information or communications to do things such as: comply with the law or respond to legal process or lawful requests, including but not limited to requests made under exigent circumstances; protect the rights or property of us, our agents, members, our customers, and others including to enforce our agreements, policies and terms of use, and respond to emergencies. Personal information we collect includes information you give us, such as name, postal address, telephone number, e-mail address, date of birth, social security number or other government identification number, demographics, activities, payment information, location information, and personal preferences.

 

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. 

 

  1. 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.