PRINTER'S NO. 453
No. 432 Session of 2003
INTRODUCED BY CONTI, ERICKSON, KUKOVICH, MOWERY, MUSTO, D. WHITE
AND WONDERLING, MARCH 10, 2003
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, MARCH 10, 2003
AN ACT
1 Amending the act of July 9, 1990 (P.L.340, No.78), entitled "An
2 act providing for a Statewide emergency telephone number 911
3 system; providing for contributions from telephone
4 subscribers; providing a penalty; and making a repeal,"
5 further providing for definitions, for local government
6 immunity and for powers and duties of the Pennsylvania
7 Emergency Management Agency; establishing a Statewide
8 integrated wireless E-911 State plan; establishing a Wireless
9 E-911 Emergency Services Fund and disbursements therefrom;
10 further providing for collection of an E-911 surcharge from
11 wireless customers and for annual reporting; establishing a
12 wireless E-911 Emergency Services Advisory Committee; and
13 providing for rules and regulations.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 2 of the act of July 9, 1990 (P.L.340,
17 No.78), known as the Public Safety Emergency Telephone Act,
18 amended February 12, 1998 (P.L.64, No.17), is amended to read:
19 Section 2. Definitions.
20 The following words and phrases when used in this act shall
21 have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "911 emergency communication system" or "911 system." A
1 system, including enhanced 911 service but excluding a wireless
2 E-911 system, which permits a person dialing 911 by telephone to
3 be connected to a public safety answering point, via normal
4 telephone facilities, for the reporting of police, fire, medical
5 or other emergency situations.
6 "Active prepaid wireless account." A prepaid wireless
7 account that has been used by the customer during the month to
8 complete a telephone call for which the customer's card or
9 account was reduced.
10 "Advisory committee." The wireless E-911 Emergency Services
11 Advisory Committee established in section 11.3.
12 "Agency." The Pennsylvania Emergency Management Agency.
13 "Associated with Pennsylvania."
14 (1) in the case of the mobile telephone number (MTN) the
15 geographical location associated with the first six digits,
16 or NPA/NXX, of the MTN; or
17 (2) in the case of a customer service address the
18 physical location of the address.
19 "Commission." The Pennsylvania Public Utility Commission.
20 "Competitive local exchange carrier." A local exchange
21 carrier that has been certificated as a competitive local
22 exchange carrier by the Pennsylvania Public Utility Commission.
23 "Contribution rate." A fee assessed against a telephone
24 subscriber for the nonrecurring costs, maintenance and operating
25 costs of a 911 system. Counties of the first through second
26 class A may impose a monthly contribution rate in an amount not
27 to exceed $1 per line on each local exchange access line.
28 Counties of the third through fifth class may impose monthly
29 contribution rates in an amount not to exceed $1.25 per line on
30 each local exchange access line. Counties of the sixth through
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1 eighth class may impose a monthly contribution rate in an amount
2 not to exceed $1.50 per line on each local exchange access line.
3 The contribution rate may be used by counties for the expenses
4 of implementing, expanding or upgrading a 911 system. Expenses
5 eligible for reimbursement through the contribution rate shall
6 include telephone terminal equipment, trunk line service
7 installation, network changes, building of initial data base and
8 any other nonrecurring costs to establish a 911 system. The
9 contribution rate may also be used to fund recurring costs
10 pursuant to section 8(b). Expenses not eligible for
11 reimbursement through the contribution rate shall include
12 purchase of real estate, cosmetic remodeling, central office
13 upgrades, hiring of dispatchers, ambulances, fire engines or
14 other emergency vehicles, utilities, taxes and other expenses as
15 determined by the Pennsylvania Emergency Management Agency.
16 "Council." The Pennsylvania Emergency Management Council.
17 "County." The term shall include a city of the first class
18 coterminous with a county.
19 "County plan." A document submitted by the county on a
20 triennial basis to the Pennsylvania Emergency Management Agency,
21 outlining its proposed or existing 911 system, including a
22 contribution rate, for the forthcoming three years.
23 "Enhanced 911 service" or "E-911." Emergency telephone
24 service providing for automatic identification of caller
25 location and calling number.
26 "FCC E-911 Order." All orders issued by the Federal
27 Communications Commission pursuant to the proceeding entitled
28 "Revision of the Commissions Rules to Ensure Compatibility with
29 Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102;
30 RM-8413), any successor proceeding, and any other FCC order that
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1 affects the provision of wireless E-911 service to wireless
2 service customers.
3 "Fund." The Wireless E-911 Emergency Services Fund
4 established in section 11.4.
5 "Interexchange carrier." A person that is authorized by the
6 Pennsylvania Public Utility Commission to provide long-distance
7 telecommunications service.
8 "Local exchange carrier." A person, including a competitive
9 local exchange carrier, that is authorized by the Pennsylvania
10 Public Utility Commission to provide local exchange
11 telecommunications service or exchange access.
12 "Local exchange telephone service." The provision of
13 telephonic message transmission within an exchange, as such is
14 defined and described in tariffs filed with and approved by the
15 commission.
16 "Mobile telephone number" or "MTN." The telephone number
17 assigned to a wireless telephone at the time of initial
18 activation.
19 "NPA-NXX." The first six digits of a ten-digit telephone
20 number, including a mobile telephone number, representing the
21 area code and exchange of the telephone number.
22 "Person." The term includes a corporation, a partnership, an
23 association, the Federal Government, the State government, a
24 political subdivision, a municipal or other local authority, as
25 well as a natural person.
26 "Prepaid wireless telephone service." A wireless telephone
27 service which is activated in advance by payment of a finite
28 dollar amount or for a finite set of minutes and which, unless
29 an additional finite dollar amount or finite set of minutes is
30 paid in advance, terminates either upon use by a customer and
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1 delivery by the wireless carrier of an agreed-upon amount of
2 service corresponding to the total dollar amount paid in advance
3 or within a certain period of time following initial purchase or
4 activation.
5 "Public agency." The Commonwealth or a political
6 subdivision, public authority, municipal authority or any
7 organization located in whole or in part within this
8 Commonwealth which provides or has the authority to provide
9 firefighting, law enforcement, ambulance, emergency medical or
10 other emergency services.
11 "Public safety answering point" or "PSAP." The first point
12 at which calls for emergency assistance from individuals are
13 answered, operated 24 hours a day.
14 "Sufficient positive balance." A dollar amount greater than
15 or equal to the monthly wireless surcharge amount.
16 "Telephone subscriber." A person other than a wireless
17 service customer who contracts with a [telephone company] local
18 exchange carrier within this Commonwealth for local exchange
19 telephone service, either residential or commercial. When the
20 same person has several telephone dial tone access lines, each
21 dial tone access line shall constitute a separate subscription.
22 For purposes of the contribution rate, the term shall not
23 include pay stations owned or operated by a regulated public
24 utility.
25 "Vendor." A person other than a local exchange carrier or a
26 wireless provider who supplies 911 or wireless E-911 system
27 services or equipment.
28 "Wireless automatic location information" or "(ALI)." The
29 delivery or receipt of the approximate geographic location, as
30 specified in the FCC E-911 Order, of the wireless device being
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1 used to place a call to a 911 system or to a wireless E-911
2 system.
3 "Wireless automatic number identification" or "(ANI)." The
4 delivery or receipt of the telephone number assigned to the
5 wireless device being used to place a call to a 911 system or to
6 a wireless E-911 system.
7 "Wireless E-911 service." Service provided by a wireless
8 provider, pursuant to the FCC E-911 Order.
9 "Wireless E-911 State plan." A document to be prepared,
10 maintained and kept current by the Pennsylvania Emergency
11 Management Agency providing for all aspects of the development,
12 implementation, operation and maintenance of a Statewide
13 integrated wireless E-911 system, including the exclusive
14 authority to approve wireless provider service agreements
15 between a county and a wireless provider, formulate technical
16 standards and determine permitted uses of and amounts disbursed
17 from the Wireless E-911 Emergency Services Fund established by
18 section 11.4(a).
19 "Wireless E-911 surcharge." A monthly fee assessed upon each
20 wireless service customer for each wireless two-way
21 communication device for which that customer is charged by a
22 wireless provider for wireless service.
23 "Wireless E-911 system." An E-911 system which permits
24 wireless service customers dialing 911 to be connected to a
25 public safety answering point for the reporting of police, fire,
26 medical or other emergency situations.
27 "Wireless provider." A person engaged in the business of
28 providing wireless service to end-use customers in this
29 Commonwealth, including resellers.
30 "Wireless service." Commercial mobile radio service as
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1 defined under section 332(d) of the Communications Act of 1934
2 (47 U.S.C. § 332(d)), and which provides real-time, two-way
3 voice service that is interconnected with the public switched
4 telephone network.
5 "Wireless service customer." A person who is billed by a
6 wireless provider or who receives prepaid wireless telephone
7 service from a wireless provider for wireless service within
8 this Commonwealth.
9 Section 2. Section 3 of the act is amended by adding a
10 subsection to read:
11 Section 3. Telecommunications management.
12 * * *
13 (d) Exemption.--The Pennsylvania State Police
14 telecommunications facilities are exempt from the
15 telecommunications management of the agency, council and the
16 commission.
17 Section 3. Section 4(a) of the act is amended by adding a
18 paragraph to read:
19 Section 4. Counties.
20 (a) Powers and duties.--The board of county commissioners,
21 or, in a home rule county, the appropriate body according to the
22 home rule charter, shall have the following powers and duties in
23 relation to a 911 system:
24 * * *
25 (8) To cooperate with the Pennsylvania State Police, any
26 county/municipality that utilizes ANI/ALI data base services,
27 shall upon request of the Commissioner of the Pennsylvania
28 State Police or his designee, provide authority to access any
29 and all ANI/ALI data base information relative to any and all
30 911 calls for emergency services, whether the data base is
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1 held by the particular county/municipality or by a commercial
2 entity. Counties/municipalities which receive, store or
3 otherwise utilize location data related to 911 emergency
4 calls received via wireless telephone or any other medium,
5 shall likewise provide all available data to the Pennsylvania
6 State Police upon request. PSAPs and wireless providers shall
7 not be liable for errors in any of the data bases, which may
8 be accessed by the Pennsylvania State Police. In order to
9 ensure that the county/municipality does not experience
10 degradation of service or additional equipment costs as a
11 result of providing this information, the Pennsylvania State
12 Police shall provide the necessary means to allow the
13 transfer of this data. Nothing contained herein shall be
14 construed to impose on wireless providers any obligations
15 beyond those created by applicable Federal Communications
16 Commission orders and regulations.
17 * * *
18 Section 4. The act is amended by adding a section to read:
19 Section 4.1. Pennsylvania State Police.
20 (a) Powers and duties.--The Commissioner of the Pennsylvania
21 State Police, or his designee, shall have the following powers
22 and duties in relation to a Pennsylvania State Police
23 telecommunications facility:
24 (1) To designate, with specificity, which Pennsylvania
25 State Police facilities shall be considered Pennsylvania
26 State Police telecommunications facilities under this act.
27 (2) To designate a commander of the Pennsylvania State
28 Police telecommunications facility who shall serve as the
29 point of contact with the agency and the counties and shall
30 oversee the implementation, operation and maintenance of the
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1 Pennsylvania State Police telecommunications facility. The
2 Pennsylvania State Police facility shall, where
3 technologically feasible, be adequate to provide service to
4 the designated area of coverage.
5 (3) To request any and all ANI/ALI data base
6 information, as it relates to all 911 calls requesting
7 emergency services, from the designated counties within the
8 Pennsylvania State Police telecommunications facility
9 designated area of coverage. The Pennsylvania State Police
10 shall provide the necessary means to allow the transfer of
11 this data.
12 (4) To provide training and certification for all call-
13 takers/dispatchers and call-taker/dispatcher supervisors that
14 meets or exceeds the training and certification standards
15 that are provided for in 4 Pa. Code Ch. 120c (relating to
16 training and certification standards for 911 emergency
17 communications personnel).
18 (b) Ineligible reimbursement.--The Pennsylvania State Police
19 are not eligible to receive any reimbursement from the moneys
20 collected from the contribution rate or wireless E-911
21 surcharge, nor may the Pennsylvania State Police impose a
22 monthly contribution rate upon the telephone subscribers on the
23 local exchange access line or a wireless E-911 surcharge upon
24 wireless service customers.
25 Section 5. Sections 9 and 11.1 of the act, amended or added
26 February 12, 1998 (P.L.64, No.17), are amended to read:
27 Section 9. Telephone records.
28 (a) Access.--Each telephone service supplier shall provide
29 customer telephone numbers, names and service addresses to 911
30 systems when required. Although customer numbers, names and
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1 service addresses shall be available to 911 systems, such
2 information shall remain the property of the disclosing service
3 supplier. The total cost of the system shall include expenses to
4 reimburse telephone service suppliers for providing and
5 maintaining 911 information. This information shall be used only
6 in providing emergency response services to a 911 call, except
7 as provided in subsection (c). A person who uses or discloses
8 data base information for purposes other than handling a 911
9 call or other than as provided in subsection (c) commits a
10 misdemeanor of the third degree.
11 (b) Privacy waived.--Private listing service customers in a
12 911 service district shall waive the privacy afforded by
13 nonlisted and nonpublished numbers when using the 911 emergency
14 service.
15 (c) Immunity.--No telephone company, wireless communications
16 company or vendor or agent, employee or director of a telephone
17 company, wireless communications company or vendor shall be
18 liable to any person who uses the 911 emergency service
19 established under this act or provides information to 911
20 systems:
21 (1) for release to a public safety answering point of
22 information specified in this section that is not already
23 part of the public records, including nonpublished telephone
24 numbers; [or]
25 (2) for release to the commission, the Federal
26 Communications Commission or any other Federal or
27 Commonwealth agency with the authority to regulate the
28 provision of telecommunications services, of telephone
29 company information specified in this section that is not
30 already part of public records, including where applicable
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1 information regarding numbers of lines served by an
2 individual company but excluding nonpublic information
3 regarding the company's individual customer names, addresses
4 and telephone numbers; or
5 [(2)] (3) for interruptions, omissions, defects, errors,
6 mistakes or delays in transmission occurring in the course of
7 rendering 911 emergency service under this act, unless such
8 interruptions, omissions, defects, errors, mistakes or delays
9 are caused by the willful or wanton misconduct of the
10 telephone company, wireless communications company or vendor,
11 their agents, employees or directors: Provided, however, That
12 nothing herein shall preclude the application of any
13 commission tariff or regulation pertaining to allowances for
14 telephone service interruptions.
15 Section 11.1. Immunity.
16 All 911 systems and wireless E-911 systems run by county and
17 local governments shall be local agencies who shall enjoy local
18 governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch.
19 C (relating to actions against local parties).
20 Section 6. The act is amended by adding sections to read:
21 Section 11.2. Powers and duties of agency.
22 (a) Administration.--The agency shall have the following
23 powers and duties in relation to a wireless E-911 system:
24 (1) To designate a member of the agency who shall serve
25 as a point of contact at the agency for all matters involving
26 wireless E-911 systems in this Commonwealth.
27 (2) To oversee the development, implementation,
28 operation and maintenance of a Statewide integrated wireless
29 E-911 system, including the exclusive authority to approve
30 wireless provider service agreements between a county and a
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1 wireless provider, formulate technical standards and
2 determine permitted uses of and amounts disbursed from the
3 Wireless E-911 Emergency Services Fund established in section
4 11.4(a).
5 (b) Wireless E-911 State plan.--The agency shall prepare,
6 maintain and keep current, after adequate public notice and
7 opportunity to comment and after consideration of the
8 recommendations of the wireless advisory subcommittee, a
9 wireless E-911 State plan providing for all aspects of the
10 development, implementation, operation and maintenance of a
11 Statewide integrated wireless E-911 system in accordance with
12 the FCC E-911 Order. Pursuant to such plan, the agency shall:
13 (1) Make arrangements with each wireless provider to
14 provide wireless E-911 service according to the wireless E-
15 911 State plan.
16 (2) Assure execution of all contracts, mutual aid
17 agreements, cross-service agreements and all other necessary
18 documents that may be required in the implementation of the
19 wireless E-911 State plan.
20 (3) Notify counties of wireless service within each
21 county, specifically noting wireless service to more than one
22 county. Such notice also shall be provided at the time
23 wireless service is newly initiated within the county. The
24 agency shall designate the appropriate PSAP for wireless E-
25 911 service for each wireless provider.
26 (4) Forward a copy of the completed plan and any
27 revision thereof to all affected public agencies, wireless
28 providers, local exchange carriers, competitive local
29 exchange carriers and interexchange carriers.
30 Section 11.3. Advisory committees.
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1 (a) Establishment of a E-911 Emergency Services Advisory
2 Committee.--There is hereby established an advisory committee to
3 be known as the E-911 Emergency Services Advisory Committee.
4 (b) Members.--The advisory committee shall be comprised of
5 the following persons:
6 (1) The director of the agency or his designee who shall
7 act as chairperson.
8 (2) Two county commissioners.
9 (3) Four county 911 program managers.
10 (4) Four wireless providers licensed by the Federal
11 Communications Commission.
12 (5) Two landline telephone service provider
13 representatives.
14 (6) Two representatives each from the fire service,
15 emergency medical service and police service.
16 (7) The chairman and minority chairman of the
17 Communications and Technology Committee of the Senate and the
18 chairman and minority chairman of the Veterans Affairs and
19 Emergency Preparedness Committee of the House of
20 Representatives, or their designees.
21 The Governor, upon recommendation of the applicable Statewide
22 organizations, associations and industry segments, shall appoint
23 the committee members, who will each serve a two-year term.
24 Advisory committee membership shall be limited to one
25 representative per organization or corporate entity.
26 (c) Roles and responsibilities.--The advisory committee
27 shall make recommendations to the agency regarding the
28 formulation of technical, administrative and operational
29 standards for use in overseeing 911 programs Statewide.
30 (d) Reimbursement.--The members of the advisory committee
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1 shall serve without compensation, but shall be reimbursed for
2 their actual and necessary travel and other expenses in
3 connection with attendance at meetings called by the
4 chairperson.
5 (e) Advisory committee subcommittees.--The chairperson may
6 create, within the committee membership, subcommittees to study
7 and address specific technical and program areas:
8 (1) A wireless subcommittee shall be created as a
9 permanent subcommittee and shall consist of the following
10 persons:
11 (i) The advisory committee chairperson.
12 (ii) Two county commissioners.
13 (iii) Four county 911 program managers.
14 (iv) Four representatives of wireless providers
15 licensed by the Federal Communications Commission.
16 (v) Two landline telephone service provider
17 representatives.
18 (2) Wireless subcommittee roles and responsibilities:
19 (i) To advise the agency regarding the development,
20 implementation, operation and maintenance of a Statewide
21 integrated wireless E-911 system.
22 (ii) To make recommendations to the agency regarding
23 the preparation and periodic revision of a wireless E-911
24 State plan providing for the development, implementation,
25 operation and maintenance of a Statewide integrated
26 wireless E-911 system in accordance with the FCC E-911
27 Order.
28 (iii) To make recommendations to the agency
29 regarding the approval or disapproval of wireless
30 provider service agreements and the formulation of
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1 technical standards.
2 (iv) To make recommendations to the agency regarding
3 the development of guidelines, rules and regulations
4 required to address the administration of the Statewide
5 E-911 wireless program and the disbursement of moneys
6 from the Wireless E-911 Emergency Services Fund.
7 (v) To make recommendations to the agency regarding
8 the development of the annual report required of the
9 agency by this act, including, but not limited to,
10 recommendations concerning adjustments of the wireless E-
11 911 surcharge.
12 Section 11.4. Wireless E-911 Emergency Services Fund.
13 (a) Establishment of fund.--There is hereby established in
14 the State Treasury a nonlapsing restricted interest-bearing
15 account to be known as the Wireless E-911 Emergency Services
16 Fund. The fund shall consist of the fees collected under
17 subsection (b), funds appropriated by the General Assembly and
18 of funds from any other source, private or public. Moneys in the
19 fund and the interest it accrues shall be appropriated annually
20 to the Pennsylvania Emergency Management Agency to be disbursed
21 by the agency and shall be used only for the following costs:
22 (1) Public agency and wireless provider costs resulting
23 from compliance with the FCC E-911 Order, including
24 development, implementation and testing, operation and
25 maintenance of a Statewide integrated wireless E-911 system.
26 Costs must be for wireless E-911 service provided in
27 accordance with the FCC E-911 Order.
28 (2) PSAP eligible expenses to the extent the approved E-
29 911 expenses in paragraph (1) have been reimbursed and the
30 eligible expenses do not exceed the percentage of the actual
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1 demonstrated ratio of wireless calls to demonstrated total
2 emergency call volume times the amount of money in the fund,
3 and further:
4 (i) the expenses are limited to 25% of the fund if a
5 majority of wireless providers serving the geographic
6 area covered by the PSAP have been tested and accepted by
7 the PSAP for wireless E-911 Phase I service;
8 (ii) the expenses are limited to 50% of the fund if
9 all of the wireless providers serving the geographic area
10 covered by the PSAP have been tested and accepted by the
11 PSAP for wireless E-911 Phase I service;
12 (iii) the expenses are limited to 75% of the fund if
13 a majority of wireless providers serving the geographic
14 area covered by the PSAP have been tested and accepted by
15 the PSAP for wireless E-911 Phase II service; and
16 (iv) the expenses are limited to 100% of the fund if
17 all of the wireless providers serving the geographic area
18 covered by the PSAP have been tested and accepted by the
19 PSAP for wireless E-911 Phase II service.
20 In the event that, pursuant to an FCC E-911 waiver, a wireless
21 provider is temporarily relieved of its obligation to provide
22 wireless E-911 Phase II service in the geographic area covered
23 by a requesting PSAP, such wireless carrier shall be disregarded
24 in the determinations to be made pursuant to subparagraphs (iii)
25 and (iv) until such time as the wireless carrier's obligation to
26 provide wireless E-911 Phase II service again becomes effective.
27 (b) Wireless E-911 surcharge.--Each wireless service
28 customer shall pay a fee, to be known as a wireless E-911
29 surcharge, in an amount of $1.00 per month per each wireless
30 two-way communication device for which that customer is billed
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1 by a wireless provider for wireless service or receives prepaid
2 wireless telephone service from a wireless provider. Such fee
3 shall be collected apart from, and in addition to, any fee
4 levied by the wireless provider in whole or in part for the
5 provision of 911 services.
6 (1) Wireless providers shall collect the fee on behalf
7 of the agency as part of their billing process and shall have
8 no obligation to take any legal action to enforce the
9 collection of the surcharge. Such action may be brought by or
10 on behalf of the agency. Annually, upon written request of
11 the agency, each wireless provider shall provide a list of
12 the names and addresses of those wireless service customers
13 carrying a balance that have failed to pay the wireless E-911
14 surcharge. The wireless provider shall not be liable for such
15 unpaid amounts.
16 (2) If a wireless provider receives a partial payment
17 for a monthly bill from a wireless service customer, the
18 wireless provider shall apply the payment against the amount
19 the wireless service customer owes the wireless provider
20 first and shall remit to the State Treasurer such lesser
21 amount, if any, as shall result therefrom.
22 (3) The fees collected under this subsection shall not
23 be subject to taxes or charges levied by the Commonwealth or
24 any political subdivision of this Commonwealth, nor shall
25 such fees be considered revenue of the wireless provider for
26 any purpose.
27 (4) In the case of prepaid wireless telephone service,
28 the monthly wireless 911 surcharge imposed by this section
29 shall be remitted based upon each prepaid wireless account in
30 any manner consistent with the provider's existing operating
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1 or technological abilities, such as customer address,
2 location associated with the MTN, or reasonable allocation
3 method based upon other comparable relevant data, and
4 associated with Pennsylvania, for each wireless customer with
5 an active prepaid wireless account and has a sufficient
6 positive balance as of the last day of each month, if such
7 information is available.
8 (c) Remittance of fees.--On a quarterly basis, each wireless
9 provider shall remit the fees collected under subsection (b) to
10 the State Treasurer for deposit into the fund.
11 (d) Reimbursement of wireless providers costs.--
12 (1) From every such remittance, the wireless provider
13 shall be entitled to deduct and retain an amount not to
14 exceed 2% of the gross receipts collected as reimbursement
15 for the administrative costs incurred by the wireless
16 provider to bill, collect and remit the surcharge.
17 (2) Upon receipt of a request by a public agency for
18 wireless E-911 service, a wireless provider also shall be
19 entitled:
20 (i) To be reimbursed for any recurring costs
21 approved pursuant to agency rules associated with the
22 development, implementation, operation and maintenance of
23 wireless E-911 service in the geographic area served by
24 the requesting public agency.
25 (ii) To be reimbursed for any nonrecurring costs
26 approved pursuant to agency rules associated with the
27 development, implementation, operation and maintenance of
28 wireless E-911 service in the geographic area served by
29 the requesting public agency. Full reimbursement of the
30 approved costs shall be made by the agency simultaneously
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1 with its initial approval of the costs, subject to a
2 completion adjustment by mutual agreement of the agency
3 and the wireless provider.
4 (3) In no event shall any expenditure be reimbursed for
5 payment of costs that are not related to a wireless
6 provider's compliance with requirements established by the
7 wireless E-911 State plan or the FCC E-911 Order.
8 (4) Nothing in this act shall prevent a wireless
9 provider from recovering its costs of implementing and
10 maintaining wireless E-911 service directly from its
11 customers, whether itemized on the customer's bill or by any
12 other lawful method. No wireless provider that levies such a
13 separate fee for provision of E-911 wireless service in the
14 geographic area served by the requesting public agency may
15 receive a reimbursement under this section for the same
16 costs.
17 (e) Reporting by wireless providers.--With each remittance a
18 wireless provider shall supply the following information to the
19 State Treasurer and to the agency:
20 (1) The total fees collected through the wireless E-911
21 surcharge from its wireless service customers during the
22 reporting period.
23 (2) The total amount retained by it as reimbursement for
24 administrative costs to cover its expenses of billing,
25 collecting and remitting the fees collected from the wireless
26 E-911 surcharge during the reporting period.
27 (3) Until all nonrecurring costs have been recovered by
28 a wireless provider, the total amount it has been reimbursed
29 by the agency for nonrecurring costs associated with the
30 development, implementation, operation and maintenance of
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1 wireless E-911 service during the reporting period.
2 (f) Information to be supplied by wireless providers.--All
3 wireless providers shall provide the agency with such
4 information as it shall request in writing in order to discharge
5 its obligations under this section, including, but not limited
6 to, the collection and deposit of the wireless E-911 surcharge
7 and its administration of the fund. Information supplied by
8 wireless service providers pursuant to this section shall remain
9 confidential and release of such information shall be governed
10 by section 11.7.
11 (g) Prohibition.--No part of the fund, including any excess
12 amount under section 11.6(a), shall be used for any purpose
13 unless authorized by this act.
14 Section 11.5. Disbursement of fund amounts by agency.
15 (a) Expenditures for wireless E-911 systems.--During each
16 fiscal year, the agency may, only in furtherance of the Wireless
17 E-911 State plan, disburse moneys from the Wireless E-911
18 Emergency Services Fund to agency-approved public agencies and
19 wireless providers for the following purposes:
20 (1) To provide for recurring and nonrecurring costs for
21 the development, implementation, operation and maintenance of
22 a Statewide integrated wireless E-911 system in accordance
23 with the FCC E-911 Order.
24 (2) To train emergency service personnel regarding
25 receipt and use of wireless E-911 service information.
26 (3) To educate consumers regarding the operations,
27 limitations, role and responsible use of wireless E-911
28 service.
29 (4) To provide for a wireless provider's agency-approved
30 recurring and nonrecurring costs associated with the
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1 establishment, operation, administration and maintenance of
2 the wireless E-911 system, including the costs of designing,
3 developing, acquiring, constructing, maintaining and
4 operating network or other equipment, hardware and data
5 bases.
6 (5) PSAP eligible expenses to the extent:
7 (i) all eligible and approved expenses in section
8 11.4(a)(1) have been reimbursed; and
9 (ii) they do not exceed the percentage of the actual
10 demonstrated ratio of wireless calls to demonstrated
11 total emergency call volume times the amount of money in
12 the fund, and further:
13 (I) the expenses are limited to 25% of the fund
14 if a majority of wireless providers serving the
15 geographic area covered by the PSAP have been tested
16 and accepted by the PSAP for wireless E-911 Phase I
17 service;
18 (II) the expenses are limited to 50% of the fund
19 if all of the wireless providers serving the
20 geographic area covered by the PSAP have been tested
21 and accepted by the PSAP for wireless E-911 Phase I
22 service;
23 (III) the expenses are limited to 75% of the
24 fund if a majority of wireless providers serving the
25 geographic area covered by the PSAP have been tested
26 and accepted by the PSAP for wireless E-911 Phase II
27 service;
28 (IV) the expenses are limited to 100% of the
29 fund if all of the wireless providers serving the
30 geographic area covered by the PSAP have been tested
20030S0432B0453 - 21 -
1 and accepted by the PSAP for wireless E-911 Phase II
2 service.
3 (6) In the event that, pursuant to an FCC E-911 waiver,
4 a wireless provider is temporarily relieved of its obligation
5 to provide wireless E-911 Phase II service in the geographic
6 area covered by a requesting PSAP, such wireless carrier
7 shall be disregarded in the determinations to be made
8 pursuant to paragraph (5)(III) and (IV) until such time as
9 the wireless carrier's obligation to provide wireless E-911
10 Phase II service again becomes effective.
11 (b) Limitations on use of fund amounts by public agencies.--
12 No public agency shall receive a disbursement from the fund for
13 any cost necessary to house the wireless E-911 system or for the
14 purchase of real estate, cosmetic remodeling, ambulances, fire
15 engines or other emergency vehicles, utilities, taxes and other
16 expenses as determined by the agency. No more than 70% of the
17 disbursements which a public agency receives from the fund
18 during the agency's fiscal year may be utilized to fund
19 personnel training, salary and benefit costs.
20 (c) Pro rata sharing of fund amounts.--Should the total
21 amount of moneys in the fund in any quarter be insufficient to
22 pay for both agency-approved public agency costs and agency-
23 approved wireless provider costs, each wireless provider and the
24 requesting public agency shall receive a pro rata share of the
25 total funds in the account. The pro rata share for any public
26 agency or wireless provider shall be computed based upon the
27 total dollar amount of funds in the fund multiplied by the ratio
28 of the total dollar amount of agency-approved but unpaid
29 invoices of that public agency or wireless provider to the total
30 dollar amount of all agency-approved but unpaid invoices. Any
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1 remaining unpaid agency-approved public agency costs or wireless
2 provider costs shall be carried forward for payment during the
3 next fiscal quarter. Such carryforward process shall continue
4 each fiscal quarter until all agency-approved public agency
5 costs and wireless provider costs have been paid.
6 (d) Triennial financial audit.--The agency shall require a
7 triennial financial audit of each public agency's use of the
8 disbursements it has received from the fund and of a wireless
9 provider's collection, deduction, retention, remittance and use
10 of the amounts collected by the wireless provider under the
11 wireless E-911 surcharge or the disbursements it received from
12 the fund. These triennial financial audits shall be consistent
13 with guidelines established by the agency and the cost of each
14 audit shall be paid from the fund.
15 Section 11.6. Reporting.
16 (a) Annual report by agency.--Not later than March 1 of each
17 year, the agency, after consideration of the recommendations of
18 the advisory board, shall submit an annual report, which may be
19 combined with that required by section 3(a)(5), to the Governor
20 and the General Assembly. Subject to the provisions of section
21 11.7(b), the report shall include at least the following:
22 (1) The extent to which wireless E-911 systems currently
23 exist in this Commonwealth.
24 (2) Those public agencies which completed installation
25 of wireless E-911 systems pursuant to the wireless E-911
26 State plan and the costs and expenses for installation.
27 (3) An itemization by a public agency or wireless
28 provider, project and description and expenditure for each
29 Wireless E-911 Emergency Services Fund disbursement made in
30 the fiscal year just concluded. The itemization shall include
20030S0432B0453 - 23 -
1 an explanation of how each project contributed to the
2 fulfillment of the existing wireless E-911 State plan.
3 (4) The planned expenditures for the next fiscal year
4 for installation of wireless E-911 systems pursuant to the
5 wireless E-911 State plan.
6 (5) The total aggregate fees collected from all wireless
7 providers in the fiscal year just concluded based upon the
8 reports of such providers submitted under section 11.4(e) and
9 any other funds received by the fund.
10 (6) The amount of any unexpended funds carried forward
11 in the fund.
12 (7) The amount of any remaining unpaid agency-approved
13 public agency costs or wireless provider costs being carried
14 forward for payment during the next fiscal quarter.
15 (b) Study of wireless E-911 emergency services
16 implementation and operation.--The agency, after consideration
17 of the recommendations of the advisory committee, shall report
18 to the Governor and the General Assembly no less than
19 triennially its recommendations concerning wireless E-911
20 implementation and operation, including, but not limited to,
21 necessary or required actions which must be undertaken in
22 response to the Federal Communication Commission's directive in
23 the FCC E-911 Order. The report shall recommend measures to be
24 taken by the General Assembly.
25 Section 11.7. Public disclosure and confidentiality of
26 information.
27 (a) Annual report of the agency.--The annual report of the
28 agency shall be a public document.
29 (b) Prohibition against release of information.--Neither the
30 State Treasurer, the agency, nor any employee, agent or
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1 representative of a PSAP or public agency shall divulge any
2 information acquired by it or him with respect to any wireless
3 provider, its customers, revenues or expenses, trade secrets,
4 commercial information and such other proprietary information
5 while acting or claiming to act as such employee, agent or
6 representative, and all such information is hereby required to
7 be kept confidential, except that aggregations of information
8 which do not identify or effectively identify numbers of
9 customers, revenues or expenses, trade secrets, commercial
10 information and such other proprietary information attributable
11 to any individual wireless provider may be made public.
12 Section 11.8. Wireless provider records.
13 (a) Access.--Upon request from and pursuant to agreement
14 with a PSAP, each wireless provider shall provide E-911 Service
15 data base information as permitted under the law to the
16 requesting PSAP. Such information shall remain the property of
17 the disclosing wireless provider and, except as otherwise
18 provided by applicable Federal or State law, shall be used by
19 the PSAP only in connection with providing emergency response
20 services to a call to a 911 system or to a wireless E-911
21 system.
22 (b) Violations.--A person commits a misdemeanor of the third
23 degree who:
24 (1) Uses or discloses wireless E-911 service data base
25 information for purposes other than handling a call to a 911
26 system or to a wireless E-911 system without the consent of
27 the wireless service customer, or as otherwise provided by
28 applicable Federal or State law.
29 (2) Knowingly uses the telephone number of a 911 system
30 or wireless E-911 system to avoid any charges for the
20030S0432B0453 - 25 -
1 services of a local exchange carrier, competitive local
2 exchange carrier, interexchange carrier or wireless provider.
3 (c) Privacy waived.--The provisions of 66 Pa.C.S. § 2906
4 (relating to dissemination of telephone numbers and other
5 identifying information) shall have no application to wireless
6 providers engaged in providing wireless E-911 service or related
7 services.
8 Section 11.9. Immunity.
9 (a) Generally.--No wireless provider or its officers,
10 directors, employees, agents or vendors shall be liable to any
11 person for criminal penalties or civil damages resulting from,
12 or caused by, such wireless provider's, its officers',
13 directors', employees', agents' or suppliers' participation in
14 or acts, failure or omissions in connection with that
15 participation in the development, design, installation,
16 operation, maintenance, performance or provision of wireless E-
17 911 service, except for willful or wanton misconduct.
18 (b) Parity of liability.--A wireless provider shall have the
19 same immunity from liability for transmission errors or
20 failures, network outages or other technical problems that arise
21 in the course of handling emergency calls or providing emergency
22 services (including wireless E-911 service) as a local exchange
23 carrier enjoys in the course of handling such calls or providing
24 such services.
25 (c) Release of information.--No wireless provider or its
26 employees or agents shall be liable to any person for releasing
27 wireless service customer information to the agency or to any
28 911 system or wireless E-911 system, public agency or PSAP as
29 required by this act.
30 Section 11.10. Agency funding for wireless E-911 support.
20030S0432B0453 - 26 -
1 The agency is authorized to retain up to one-half of one
2 percent of the annual wireless E-911 surcharge proceeds to pay
3 for agency expenses directly related to administering the
4 wireless E-911 provisions of this act. This will include, but
5 will not be limited to, personnel, travel, administrative and
6 printing costs.
7 Section 11.11. Rate regulation.
8 Nothing in this act shall be construed to constitute the
9 regulation of the rates charged by wireless providers for any
10 service or feature which they provide to their wireless service
11 customers, or to prohibit a wireless provider from charging a
12 wireless service customer for any service or feature provided to
13 such customer.
14 Section 11.12. Rules and regulations.
15 The agency shall have the power and authority to issue
16 guidelines and to promulgate, adopt, publish, use and enforce
17 rules and regulations for the implementation of this act and
18 shall within one year of the effective date of this act, after
19 consideration of the recommendations of the advisory board,
20 promulgate such guidelines and rules and regulations as may be
21 necessary to implement this act. Guidelines and rules and
22 regulations proposed under the authority of this section shall
23 be subject to review by the General Counsel and the Attorney
24 General in the manner provided for the review of proposed rules
25 and regulations pursuant to the act of October 15, 1980
26 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and
27 the act of June 25, 1982 (P.L.633, No.181), known as the
28 Regulatory Review Act.
29 Section 11.13. Enforcement of provisions of act.
30 In addition to any powers expressly enumerated in this act,
20030S0432B0453 - 27 -
1 the agency shall have full power and authority, and it shall be
2 its duty to enforce, execute and carry out, by its rules and
3 regulations, or otherwise, all and singular, the provisions of
4 this act, and the agency may institute injunction, mandamus or
5 other appropriate legal proceedings to enforce the provisions of
6 this act and regulations promulgated under it.
7 Section 7. If any provision of this act or the application
8 thereof to any person or circumstances is held invalid, such
9 invalidity shall not affect other provisions or applications of
10 the act which can be given effect without the invalid provision
11 or application, and to this end the provisions of this act are
12 declared to be severable.
13 Section 8. This act shall take effect as follows:
14 (1) The wireless E-911 subscriber surcharge provided in
15 section 11.4 of the act shall take effect upon the first
16 billing cycle of a wireless provider occurring 90 days after
17 the effective date of this act.
18 (2) The remainder of this act shall take effect in 90
19 days.
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