KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ******************************* Government in monitoring business September 27, 2019 ******************** Government in monitoring business ******************** Ken In counties which enact ASAP-PSAP, [Automated Secure Alarm Protocol. – ASAP- The Alarm Company Side / Public Safety Answering Point- PSAP- The 911 Center Side] are central monitoring stations not on the platform ultimately prohibited from dispatching on alarm signals? What might the ramifications be? Name withheld ******************** Response ******************** A municipality decides to open its own monitoring center. It can compete with professional central stations, or it can legislate them out of business by providing that alarms must be programmed to the municipal owned monitoring center. There was a big fight in Illinois about this which I only vaguely followed. One county in NY requires all commercial fire alarm accounts to transmit to the municipal owned monitoring center. No one fights it anymore. NYC FD requires fire alarms to be monitored by approved monitoring centers, none of whom are owned by any municipality [there are around 14 approved monitoring centers] Obviously monitoring centers don’t like competition, especially when the playing field isn’t level, and that would apply to a municipality that decides to enter the monitoring business and require all signals be sent only to its monitoring center. I don’t think this practice is common, though it may be taking place now in several areas. Justification for the legislation would be exercise of the state’s police powers to provide better services to the public. While it is highly unlikely that a municipal run monitoring center could provide the scope and level of service that the professionally operated monitoring centers provide, a municipal monitoring center may be able to adequately provide for a single type monitoring service, such as fire. It won’t likely have capacity for verification, video, audio or even ECV. I am not aware of any lawsuits against municipalities arising out of its operation of a monitoring center, but I doubt that governmental immunity would extend to the municipalities’ business operation of the monitoring center. I’m sure those of you in Illinois and Westchester, NY will have comment. Let’s hear them. ****************** To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com