PRIOR PRINTER'S NO. 453 PRINTER'S NO. 852
No. 432 Session of 2003
INTRODUCED BY CONTI, ERICKSON, KUKOVICH, MOWERY, MUSTO,
D. WHITE, WONDERLING AND THOMPSON, MARCH 10, 2003
SENATOR CORMAN, COMMUNICATIONS AND TECHNOLOGY, AS AMENDED,
MAY 12, 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:
1 "911 emergency communication system" or "911 system." A
2 system, including enhanced 911 service but excluding a wireless
3 E-911 system, which permits a person dialing 911 by telephone to
4 be connected to a public safety answering point, via normal
5 telephone facilities, for the reporting of police, fire, medical
6 or other emergency situations.
7 "Active prepaid wireless account." A prepaid wireless
8 account that has been used by the customer during the month to
9 complete a telephone call for which the customer's card or
10 account was reduced.
11 "Advisory committee." The wireless E-911 Emergency Services
12 Advisory Committee established in section 11.3.
13 "Agency." The Pennsylvania Emergency Management Agency.
14 "Associated with Pennsylvania." <--
15 (1) in the case of the mobile telephone number (MTN) the
16 geographical location associated with the first six digits,
17 or NPA/NXX, of the MTN; or
18 (2) in the case of a customer service address the
19 physical location of the address.
20 "AUTOMATIC LOCATION INFORMATION." THE DELIVERY OR RECEIPT OF <--
21 THE STREET ADDRESS OF THE TELEPHONE, OR THE GEOGRAPHIC LOCATION
22 OF THE WIRELESS DEVICE, AS SPECIFIED IN THE FCC E-911 ORDER,
23 BEING USED TO PLACE A CALL TO A 911 SYSTEM OR TO A WIRELESS E-
24 911 SYSTEM.
25 "AUTOMATIC NUMBER IDENTIFICATION." THE DELIVERY OR RECEIPT
26 OF THE TELEPHONE NUMBER ASSIGNED TO THE TELEPHONE OR WIRELESS
27 DEVICE BEING USED TO PLACE A CALL TO A 911 SYSTEM OR TO A
28 WIRELESS E-911 SYSTEM.
29 "Commission." The Pennsylvania Public Utility Commission.
30 "Competitive local exchange carrier." A local exchange
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1 carrier that has been certificated as a competitive local
2 exchange carrier by the Pennsylvania Public Utility Commission.
3 "Contribution rate." A fee assessed against a telephone
4 subscriber for the nonrecurring costs, maintenance and operating
5 costs of a 911 system. Counties of the first through second
6 class A may impose a monthly contribution rate in an amount not
7 to exceed $1 per line on each local exchange access line.
8 Counties of the third through fifth class may impose monthly
9 contribution rates in an amount not to exceed $1.25 per line on
10 each local exchange access line. Counties of the sixth through
11 eighth class may impose a monthly contribution rate in an amount
12 not to exceed $1.50 per line on each local exchange access line.
13 The contribution rate may be used by counties for the expenses
14 of implementing, expanding or upgrading a 911 system. Expenses
15 eligible for reimbursement through the contribution rate shall
16 include telephone terminal equipment, trunk line service
17 installation, network changes, building of initial data base and
18 any other nonrecurring costs to establish a 911 system. The
19 contribution rate may also be used to fund recurring costs
20 pursuant to section 8(b). Expenses not eligible for
21 reimbursement through the contribution rate shall include
22 purchase of real estate, cosmetic remodeling, central office
23 upgrades, hiring of dispatchers, ambulances, fire engines or
24 other emergency vehicles, utilities, taxes and other expenses as
25 determined by the Pennsylvania Emergency Management Agency.
26 "Council." The Pennsylvania Emergency Management Council.
27 "County." The term shall include a city of the first class
28 coterminous with a county.
29 "County plan." A document submitted by the county on a
30 triennial basis to the Pennsylvania Emergency Management Agency,
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1 outlining its proposed [or existing 911 system] AND EXISTING <--
2 WIRELINE AND WIRELESS 911 AND ENHANCED 911 SYSTEMS AND
3 PROCEDURES, including a contribution rate, for the forthcoming
4 three years.
5 "Enhanced 911 service" or "E-911." Emergency telephone
6 service providing for automatic identification of caller
7 location and calling number.
8 "FCC E-911 Order." All orders issued by the Federal
9 Communications Commission pursuant to the proceeding entitled
10 "Revision of the Commissions Rules to Ensure Compatibility with
11 Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102;
12 RM-8413), any successor proceeding, and any other FCC order that
13 affects the provision of wireless E-911 service to wireless
14 service customers.
15 "Fund." The Wireless E-911 Emergency Services Fund
16 established in section 11.4.
17 "Interexchange carrier." A person that is authorized by the
18 Pennsylvania Public Utility Commission to provide long-distance
19 telecommunications service.
20 "Local exchange carrier." A person, including a competitive
21 local exchange carrier, that is authorized by the Pennsylvania
22 Public Utility Commission to provide local exchange
23 telecommunications service or exchange access.
24 "Local exchange telephone service." The provision of
25 telephonic message transmission within an exchange, as such is
26 defined and described in tariffs filed with and approved by the
27 commission.
28 "Mobile telephone number" or "MTN." The telephone number
29 assigned to a wireless telephone at the time of initial
30 activation.
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1 "NPA-NXX." The first six digits of a ten-digit telephone
2 number, including a mobile telephone number, representing the
3 area code and exchange of the telephone number.
4 "Person." The term includes a corporation, a partnership, an
5 association, the Federal Government, the State government, a
6 political subdivision, a municipal or other local authority, as
7 well as a natural person.
8 "Prepaid wireless telephone service." A wireless telephone
9 service which is activated in advance by payment of a finite
10 dollar amount or for a finite set of minutes and which, unless
11 an additional finite dollar amount or finite set of minutes is
12 paid in advance, terminates either upon use by a customer and
13 delivery by the wireless carrier of an agreed-upon amount of
14 service corresponding to the total dollar amount paid in advance
15 or within a certain period of time following initial purchase or
16 activation.
17 "Public agency." The Commonwealth or a political
18 subdivision, public authority, municipal authority or any
19 organization located in whole or in part within this
20 Commonwealth which provides or has the authority to provide
21 firefighting, law enforcement, ambulance, emergency medical or
22 other emergency services.
23 "Public safety answering point" or "PSAP." The AGENCY- <--
24 APPROVED first point at which calls for emergency assistance
25 from individuals are answered, operated 24 hours a day.
26 "Sufficient positive balance." A dollar amount greater than
27 or equal to the monthly wireless surcharge amount.
28 "Telephone subscriber." A person other than a wireless <--
29 service customer who contracts with a [telephone company] local
30 exchange carrier within this Commonwealth for local exchange
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1 telephone service, either residential or commercial. When the
2 same person has several telephone dial tone access lines, each
3 dial tone access line shall constitute a separate subscription.
4 For purposes of the contribution rate, the term shall not
5 include pay stations owned or operated by a regulated public
6 utility.
7 "Vendor." A person other than a local exchange carrier or a
8 wireless provider who supplies 911 or wireless E-911 system
9 services or equipment.
10 "Wireless automatic location information" or "(ALI)." The <--
11 delivery or receipt of the approximate geographic location, as
12 specified in the FCC E-911 Order, of the wireless device being
13 used to place a call to a 911 system or to a wireless E-911
14 system.
15 "Wireless automatic number identification" or "(ANI)." The
16 delivery or receipt of the telephone number assigned to the
17 wireless device being used to place a call to a 911 system or to
18 a wireless E-911 system.
19 "Wireless E-911 service." Service provided by a wireless
20 provider, pursuant to the FCC E-911 Order.
21 "Wireless E-911 State plan." A document to be prepared,
22 maintained and kept current by the Pennsylvania Emergency
23 Management Agency providing for all aspects of the development,
24 implementation, operation and maintenance of a Statewide
25 integrated wireless E-911 system, including the exclusive
26 authority to approve wireless provider service agreements <--
27 between a county and a wireless provider, formulate technical
28 standards and determine permitted uses of and amounts disbursed
29 from the Wireless E-911 Emergency Services Fund established by
30 section 11.4(a).
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1 "Wireless E-911 surcharge." A monthly fee assessed upon each
2 wireless service customer for each wireless two-way
3 communication device for which that customer is charged by a
4 wireless provider for wireless service.
5 "Wireless E-911 system." An E-911 system which permits
6 wireless service customers dialing 911 to be connected to a
7 public safety answering point for the reporting of police, fire,
8 medical or other emergency situations.
9 "Wireless provider." A person engaged in the business of
10 providing wireless service to end-use customers in this
11 Commonwealth, including resellers.
12 "Wireless service." Commercial mobile radio service as
13 defined under section 332(d) of the Communications Act of 1934
14 (47 U.S.C. § 332(d)), and which provides real-time, two-way
15 voice service that is interconnected with the public switched
16 telephone network.
17 "Wireless service customer." A person who is billed by a
18 wireless provider or who receives prepaid wireless telephone
19 service from a wireless provider for wireless service within
20 this Commonwealth.
21 Section 2. Section 3 of the act is amended by adding a
22 subsection to read:
23 Section 3. Telecommunications management.
24 * * *
25 (d) Exemption.--The Pennsylvania State Police
26 telecommunications facilities are exempt from the
27 telecommunications management of the agency, council and the
28 commission.
29 Section 3. Section 4(a) of the act is amended by adding a
30 paragraph to read:
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1 Section 4. Counties.
2 (a) Powers and duties.--The board of county commissioners,
3 or, in a home rule county, the appropriate body according to the
4 home rule charter, shall have the following powers and duties in
5 relation to a 911 system AND WIRELESS E-911 SYSTEM: <--
6 * * *
7 (8) To cooperate with the Pennsylvania State Police., <--
8 any county/municipality SUBJECT TO SUBPARAGRAPHS (I) THROUGH <--
9 (III), A COUNTY that utilizes ANI/ALI data base services,
10 shall, upon request of the Commissioner of the Pennsylvania <--
11 State Police or his designee, provide authority to access any <--
12 and all ANI/ALI data base information relative to any and all <--
13 RELATING TO 911 calls for emergency services, whether the <--
14 data base is held by the particular county/municipality <--
15 COUNTY or by a commercial entity. Counties/municipalities <--
16 which receive, store or otherwise utilize location data
17 related to 911 emergency calls received via wireless
18 telephone or any other medium, shall likewise provide all
19 available data to the Pennsylvania State Police upon request.
20 PSAPs and wireless providers shall not be liable for errors
21 in any of the data bases, which may be accessed by the
22 Pennsylvania State Police. In order to ensure that the
23 county/municipality does not experience
24 (I) IN ORDER TO ENSURE THAT NO COUNTY OR PSAP <--
25 EXPERIENCES degradation of service or additional
26 equipment costs as a result of providing this <--
27 information, COMPLYING WITH THIS SUBSECTION: <--
28 (A) the Pennsylvania State Police shall provide
29 the necessary means to allow the transfer of this <--
30 data., AT ITS COST, ANY EQUIPMENT, COMPUTER SOFTWARE <--
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1 OR TELECOMMUNICATIONS EQUIPMENT OR SERVICES,
2 EXCLUSIVE OF RECURRING PERSONNEL COSTS FOR COUNTY
3 PERSONNEL, THAT ARE NECESSARY TO ENABLE ITS ACCESS TO
4 ANY ANI/ALI DATA BASE INFORMATION; AND
5 (B) ALL SUCH MEANS OF ACCESS MUST BE APPROVED BY
6 THE COUNTY, PSAP AND THE PENNSYLVANIA STATE POLICE
7 BEFORE THE COUNTY IS REQUIRED TO AUTHORIZE OR PROVIDE
8 THE ACCESS. IN THE EVENT OF A DISPUTE BETWEEN THE
9 PENNSYLVANIA STATE POLICE AND A COUNTY OR PSAP
10 REGARDING APPROVAL BY THE COUNTY AND PSAP, THE
11 DISPUTE SHALL BE MEDIATED BY THE OFFICE OF
12 INFORMATION TECHNOLOGY OF THE COMMONWEALTH'S OFFICE
13 OF ADMINISTRATION. THE OFFICE OF INFORMATION
14 TECHNOLOGY MAY BRING IN A COMMONWEALTH MEDIATOR FROM
15 THE OFFICE OF GENERAL COUNSEL TO PROVIDE ASSISTANCE
16 IN RESOLVING THE DISPUTE.
17 (II) THE ANI/ALI DATA BASE INFORMATION TO WHICH
18 ACCESS IS AUTHORIZED OR ENABLED UNDER THIS PARAGRAPH OR
19 SECTION 4.1(A)(3) SHALL BE USED ONLY IN PROVIDING
20 EMERGENCY RESPONSE SERVICES TO A 911 CALL. A PERSON WHO
21 USES OR DISCLOSES SUCH ANI/ALI DATA BASE INFORMATION FOR
22 ANY PURPOSE COMMITS A MISDEMEANOR OF THE THIRD DEGREE.
23 (III) Nothing contained herein IN THIS PARAGRAPH <--
24 shall be construed to impose on wireless providers any
25 obligations beyond those created by applicable Federal
26 Communications Commission orders and regulations. PUBLIC <--
27 AGENCIES, COUNTIES, PSAPS AND WIRELESS PROVIDERS SHALL
28 NOT BE LIABLE TO ANY PERSON FOR ERRORS IN ANY OF THE
29 ANI/ALI DATA BASE INFORMATION WHICH MAY BE ACCESSED BY OR
30 PROVIDED TO THE PENNSYLVANIA STATE POLICE UNDER THIS
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1 PARAGRAPH.
2 * * *
3 Section 4. The act is amended by adding a section to read:
4 Section 4.1. Pennsylvania State Police.
5 (a) Powers and duties.--The Commissioner of the Pennsylvania
6 State Police, or his designee, shall have the following powers
7 and duties in relation to a Pennsylvania State Police
8 telecommunications facility:
9 (1) To designate, with specificity, which Pennsylvania
10 State Police facilities shall be considered Pennsylvania
11 State Police telecommunications facilities under this act.
12 (2) To designate a commander of the Pennsylvania State
13 Police telecommunications facility who shall serve as the
14 point of contact with the agency and the counties and shall
15 oversee the implementation, operation and maintenance of the
16 Pennsylvania State Police telecommunications facility. The
17 Pennsylvania State Police facility shall, where
18 technologically feasible, be adequate to provide service to
19 the designated area of coverage.
20 (3) To request any and all AUTHORITY TO ACCESS ANI/ALI <--
21 data base information, as it relates to all RELATING TO 911 <--
22 calls requesting FOR emergency services, from the designated <--
23 counties AND PSAPS within the DESIGNATED AREA OF COVERAGE OF <--
24 THE Pennsylvania State Police telecommunications facility
25 designated area of coverage. The Pennsylvania State Police <--
26 shall provide the necessary means to allow the transfer of
27 this data.; PROVIDED, THAT NO COUNTY OR PSAP SHALL BE <--
28 REQUIRED TO COMPLY WITH SUCH A REQUEST UNLESS IT IS MADE BY
29 THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE OR HIS
30 DESIGNEE PURSUANT TO SECTION 4(A)(8); AND PROVIDED FURTHER
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1 THAT SECTION 4(A)(8) SHALL APPLY TO ANY SUCH REQUEST.
2 (4) To provide training and certification for all call-
3 takers/dispatchers and call-taker/dispatcher supervisors that
4 meets or exceeds the training and certification standards
5 that are provided for in 4 Pa. Code Ch. 120c (relating to
6 training and certification standards for 911 emergency
7 communications personnel).
8 (b) Ineligible reimbursement.--The Pennsylvania State Police
9 are not eligible to receive any reimbursement from the moneys
10 collected from the contribution rate or wireless E-911
11 surcharge, nor may the Pennsylvania State Police impose a
12 monthly contribution rate upon the telephone subscribers on the
13 local exchange access line or a wireless E-911 ANY WIRELESS E- <--
14 911-RELATED surcharge upon wireless service customers.
15 Section 5. Sections 9 and 11.1 of the act, amended or added
16 February 12, 1998 (P.L.64, No.17), are amended to read:
17 Section 9. Telephone records.
18 (a) Access.--Each telephone service supplier shall provide
19 customer telephone numbers, names and service addresses [to 911 <--
20 systems] OR, IN THE CASE OF A WIRELESS PROVIDER, THE TELEPHONE <--
21 NUMBER AND THE GEOGRAPHICAL LOCATION OF THE WIRELESS DEVICE, AS
22 SPECIFIED IN THE FCC E-911 ORDER, TO PSAPS when [required] <--
23 REQUESTED BY THEM FOR USE IN PROVIDING EMERGENCY RESPONSE <--
24 SERVICES TO 911 CALLS. Although customer TELEPHONE numbers, <--
25 names and service addresses AND GEOGRAPHICAL LOCATIONS OF <--
26 WIRELESS DEVICES shall be available to [911 systems] PSAPS AND <--
27 MAY BE USED BY THEM IN PROVIDING EMERGENCY RESPONSE SERVICES TO
28 911 CALLS, such information shall remain the property of the
29 disclosing service supplier. The total cost of the 911 system OR <--
30 WIRELESS E-911 SYSTEM shall include expenses to reimburse
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1 telephone service suppliers for providing and maintaining 911
2 information; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION <--
3 SHALL PERMIT A TELEPHONE SERVICE SUPPLIER TO BE REIMBURSED
4 DIRECTLY FROM THE FUND FOR PROVIDING AND MAINTAINING 911
5 INFORMATION. This information shall be used only in providing
6 emergency response services to a 911 call, except as provided in
7 subsection (c). A person who uses or discloses ANI/ALI data base <--
8 information for purposes other than [handling] PROVIDING <--
9 EMERGENCY RESPONSE SERVICES TO a 911 call or other than as
10 provided in subsection (c) commits a misdemeanor of the third
11 degree.
12 (b) Privacy waived.--Private listing service customers in a
13 911 service district shall waive the privacy afforded by
14 nonlisted and nonpublished numbers when using the 911 emergency
15 service.
16 (c) Immunity.--No telephone company, wireless
17 [communications company] PROVIDER or vendor or agent, employee <--
18 or director of a telephone company, wireless [communications <--
19 company] PROVIDER or vendor shall be liable to any person who <--
20 DIRECTLY OR INDIRECTLY uses the 911 emergency service <--
21 established under this act or provides information to 911
22 systems OR WIRELESS E-911 SYSTEMS: <--
23 (1) for release to a PUBLIC AGENCY OR A public safety <--
24 answering point of information specified in this section that
25 is not already part of the public records, including
26 nonpublished telephone numbers; [or]
27 (2) for release to the commission, the Federal
28 Communications Commission or any other Federal or
29 Commonwealth agency with the authority to regulate the
30 provision of telecommunications services, of telephone
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1 company information specified in this section that is not
2 already part of public records, including where applicable
3 information regarding numbers of lines served by an
4 individual company but excluding nonpublic information
5 regarding the company's individual customer names, addresses
6 and telephone numbers; or
7 [(2)] (3) for interruptions, omissions, defects, errors,
8 mistakes or delays in transmission occurring in the course of
9 rendering 911 emergency service OR WIRELESS E-911 SERVICE <--
10 under this act, unless such interruptions, omissions,
11 defects, errors, mistakes or delays are caused by the willful
12 or wanton misconduct of the telephone company, wireless
13 communications company or vendor, their agents, employees or
14 directors: Provided, however, That nothing herein shall
15 preclude the application of any commission tariff or
16 regulation WITHIN ITS JURISDICTION pertaining to allowances <--
17 for telephone service interruptions.
18 Section 11.1. Immunity.
19 All 911 systems and wireless E-911 systems run by county and
20 local governments shall be local agencies who shall enjoy local
21 governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch.
22 C (relating to actions against local parties).
23 Section 6. The act is amended by adding sections to read:
24 Section 11.2. Powers and duties of agency.
25 (a) Administration.--The agency shall have the following
26 powers and duties in relation to a wireless E-911 system:
27 (1) To designate a AT LEAST ONE member of the agency who <--
28 shall serve as a point of contact at the agency for all
29 matters involving wireless E-911 systems in this
30 Commonwealth.
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1 (2) To oversee the development, implementation,
2 operation and maintenance of a Statewide integrated wireless
3 E-911 system, including the exclusive authority to approve <--
4 wireless provider service agreements between a county and a
5 wireless provider, formulate technical standards and
6 determine permitted uses of and amounts disbursed from the
7 Wireless E-911 Emergency Services Fund established in section
8 11.4(a), INCLUDING THE COSTS OF PSAPS AND WIRELESS PROVIDERS <--
9 THAT ARE ELIGIBLE FOR PAYMENT FROM THE FUND; AND
10 (3) TO APPROVE EACH COUNTY'S COUNTY PLAN, OR AMENDMENT
11 TO ITS AGENCY-APPROVED COUNTY PLAN, INCORPORATING WIRELESS E-
12 911 SERVICE CAPABILITIES AS MAY BE SUBMITTED BY THE COUNTY TO
13 THE AGENCY.
14 (b) Wireless E-911 State plan.--The agency shall prepare,
15 maintain and keep current, after adequate public notice and
16 opportunity to comment and after consideration of the
17 recommendations of the wireless advisory subcommittee, a
18 wireless E-911 State plan providing for all aspects of the
19 development, implementation, operation and maintenance of a
20 Statewide integrated wireless E-911 system in accordance with
21 the FCC E-911 Order. Pursuant to such plan, the agency shall:
22 (1) Make arrangements with each wireless provider to <--
23 provide wireless E-911 service according to the wireless E-
24 911 State plan.
25 (2) Assure execution of all contracts, mutual aid
26 (1) ESTABLISH MODEL AGREEMENTS FOR MUTUAL AID <--
27 agreements, cross-service agreements, SERVICE CONTRACTS and <--
28 all other necessary documents BY AND AMONG PUBLIC AGENCIES, <--
29 PSAPS AND WIRELESS PROVIDERS that may be required in the
30 implementation of the wireless E-911 State plan, REVIEW SUCH <--
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1 AGREEMENTS AND DOCUMENTS FOR CONSISTENCY WITH THE APPLICABLE
2 COUNTY PLAN, AND ASSIST THE PARTIES IN ASSURING THEIR
3 EXECUTION.
4 (3) Notify <--
5 (2) REQUIRE EACH WIRELESS PROVIDER TO NOTIFY THE AGENCY <--
6 OF EACH COUNTY IN WHICH IT IS CURRENTLY LICENSED AND PROVIDES
7 WIRELESS SERVICE, AND AT THE TIME NEW SERVICE IS INITIATED,
8 EACH COUNTY IN WHICH IT IS LICENSED AND INITIATES WIRELESS
9 SERVICE; AND TO NOTIFY counties of wireless service within
10 each county, specifically noting wireless service to more
11 than one county. Such notice also shall be provided at the <--
12 time wireless service is newly initiated within the county.
13 The agency shall designate the appropriate PSAP for wireless
14 E-911 service for each wireless provider. IN THE EVENT OF <--
15 DISPUTES AMONG PSAPS REGARDING THE PSAP TO WHICH A WIRELESS
16 PROVIDER ROUTES 911 CALLS, THE ROUTING SHALL BE DETERMINED BY
17 THE AGENCY.
18 (3) ESTABLISH UNIFORM, STATEWIDE STANDARDS FOR THE
19 FORMAT AND CONTENT OF WIRELESS AUTOMATIC LOCATION INFORMATION
20 AND WIRELESS AUTOMATIC NUMBER IDENTIFICATION, WHICH STANDARDS
21 SHALL BE THE STANDARDS ADOPTED BY THE NATIONAL EMERGENCY
22 NUMBER ASSOCIATION, AS FROM TIME TO TIME AMENDED BY THAT
23 ORGANIZATION. WIRELESS PROVIDERS WILL USE THE APPLICABLE
24 NATIONAL EMERGENCY NUMBER ASSOCIATION DATA TRANSMISSION
25 FORMAT STANDARDS TO DELIVER SUCH DATA TO THE WIRELESS E-911
26 SYSTEM.
27 (4) Forward a copy of the completed plan and any
28 revision thereof to all affected public agencies COUNTIES, <--
29 PSAPS, wireless providers, local exchange carriers,
30 competitive local exchange carriers and interexchange
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1 carriers.
2 (5) REQUIRE EACH WIRELESS PROVIDER TO PROVIDE THE AGENCY <--
3 WITH A TWENTY-FOUR-HOUR, SEVEN-DAYS-A-WEEK CONTACT TELEPHONE
4 NUMBER OR PAGER NUMBER FOR USE BY PSAPS IN EMERGENCY
5 SITUATIONS.
6 Section 11.3. Advisory committees.
7 (a) Establishment of a E-911 Emergency Services Advisory
8 Committee.--There is hereby established an advisory committee to
9 be known as the E-911 Emergency Services Advisory Committee.
10 (b) Members.--The advisory committee shall be comprised of
11 the following persons:
12 (1) The director of the agency or his designee who shall
13 act as chairperson.
14 (2) Two county commissioners.
15 (3) Four county 911 program managers.
16 (4) Four wireless providers licensed by the Federal
17 Communications Commission.
18 (5) Two landline telephone service provider
19 representatives.
20 (6) Two representatives each from the fire service,
21 emergency medical service and police service.
22 (7) The chairman and minority chairman of the
23 Communications and Technology Committee of the Senate and the
24 chairman and minority chairman of the Veterans Affairs and
25 Emergency Preparedness Committee of the House of
26 Representatives, or their designees.
27 The Governor, upon recommendation of the applicable Statewide
28 organizations, associations and industry segments, shall appoint
29 the committee members, who will each serve a two-year term.
30 Advisory committee membership shall be limited to one
20030S0432B0852 - 16 -
1 representative per organization or corporate entity.
2 (c) Roles and responsibilities.--The advisory committee
3 shall make recommendations to the agency regarding the
4 formulation of technical, administrative and operational
5 standards for use in overseeing 911 programs Statewide.
6 (d) Reimbursement.--The members of the advisory committee
7 shall serve without compensation, but shall be reimbursed for
8 their actual and necessary travel and other expenses in
9 connection with attendance at meetings called by the
10 chairperson.
11 (e) Advisory committee subcommittees.--The chairperson may
12 create, within the committee membership, subcommittees to study
13 and address specific technical and program areas:
14 (1) A wireless subcommittee shall be created as a
15 permanent subcommittee and shall consist of the following
16 persons:
17 (i) The advisory committee chairperson.
18 (ii) Two county commissioners.
19 (iii) Four county 911 program managers.
20 (iv) Four representatives of wireless providers
21 licensed by the Federal Communications Commission.
22 (v) Two landline telephone service provider
23 representatives.
24 (2) Wireless subcommittee roles and responsibilities:
25 (i) To advise the agency regarding the development,
26 implementation, operation and maintenance of a Statewide
27 integrated wireless E-911 system.
28 (ii) To make recommendations to the agency regarding
29 the preparation and periodic revision of a wireless E-911
30 State plan providing for the development, implementation,
20030S0432B0852 - 17 -
1 operation and maintenance of a Statewide integrated
2 wireless E-911 system in accordance with the FCC E-911
3 Order.
4 (iii) To make recommendations to the agency
5 regarding the approval or disapproval of wireless
6 provider service agreements and the formulation of
7 technical standards.
8 (iv) To make recommendations to the agency regarding
9 the development of guidelines, rules and regulations
10 required to address the administration of the Statewide
11 E-911 wireless program PLAN and the disbursement of <--
12 moneys from the Wireless E-911 Emergency Services Fund.
13 (v) To make recommendations to the agency regarding
14 the development of the annual report required of the
15 agency by this act, including, but not limited to,
16 recommendations concerning adjustments of the wireless E-
17 911 surcharge.
18 Section 11.4. Wireless E-911 Emergency Services Fund.
19 (a) Establishment of fund.--There is hereby established in
20 the State Treasury a nonlapsing restricted interest-bearing
21 account to be known as the Wireless E-911 Emergency Services
22 Fund. The fund shall consist of the fees collected under
23 subsection (b), funds appropriated by the General Assembly and
24 of funds from any other source, private or public. Moneys in the
25 fund and the interest it accrues shall be appropriated annually
26 to the Pennsylvania Emergency Management Agency to be disbursed
27 by the agency and AGENCY. THE MONEYS IN THE FUND shall be used <--
28 only for the following costs:
29 (1) Public agency PSAP and wireless provider costs <--
30 resulting from compliance with the FCC E-911 Order, including
20030S0432B0852 - 18 -
1 development, implementation and testing, operation and
2 maintenance of a Statewide integrated wireless E-911 system.
3 Costs PAID FROM THE FUND must be ELIGIBLE RECURRING OR <--
4 NONRECURRING COSTS, AS DETERMINED BY THE AGENCY IN ACCORDANCE
5 WITH SECTIONS 11.2(A) AND 11.5, for wireless E-911 service
6 provided in accordance with the FCC E-911 Order OR A COUNTY <--
7 PLAN OR AMENDED COUNTY PLAN APPROVED BY THE AGENCY.
8 (2) PSAP eligible expenses THE AGENCY-APPROVED COSTS OF <--
9 PSAPS SPECIFIED IN SECTION 8(B) THAT RELATE DIRECTLY OR
10 INDIRECTLY TO THE PROVISION OF WIRELESS E-911 SERVICE, to the
11 extent: <--
12 (I) THE COSTS ARE NOT INCLUDED IN THE COSTS PAID
13 UNDER SECTION 11.4(A)(1) AND the approved E-911 expenses <--
14 in paragraph (1) COSTS PROVIDED IN SECTION 11.4(A)(1) <--
15 have been reimbursed and the eligible expenses; AND <--
16 (II) THE COSTS do not exceed the percentage of the
17 actual demonstrated ratio of wireless calls to
18 demonstrated total emergency call volume times the amount
19 of money in the fund, and further:
20 (i) (A) the expenses are AMOUNT OF THE COSTS <--
21 THAT MAY BE REIMBURSED IS limited to 25% of the fund
22 if a majority of wireless providers serving the
23 geographic area covered by the PSAP have been tested
24 and accepted by the PSAP for wireless E-911 Phase I
25 service;
26 (ii) (B) the expenses are AMOUNT OF THE COSTS <--
27 THAT MAY BE REIMBURSED IS limited to 50% of the fund
28 if all of the wireless providers serving the
29 geographic area covered by the PSAP have been tested
30 and accepted by the PSAP for wireless E-911 Phase I
20030S0432B0852 - 19 -
1 service;
2 (iii) (C) the expenses are AMOUNT OF THE COSTS <--
3 THAT MAY BE REIMBURSED IS limited to 75% of the fund
4 if a majority of wireless providers serving the
5 geographic area covered by the PSAP have been tested
6 and accepted by the PSAP for wireless E-911 Phase II
7 service; and
8 (iv) (D) the expenses are AMOUNT OF THE COSTS <--
9 THAT MAY BE REIMBURSED IS limited to 100% of the fund
10 if all of the wireless providers serving the
11 geographic area covered by the PSAP have been tested
12 and accepted by the PSAP for wireless E-911 Phase II
13 service.
14 In the event that, pursuant to an FCC E-911 waiver, a wireless
15 provider is temporarily relieved of its obligation to provide
16 wireless E-911 Phase II service in the geographic area covered
17 by a requesting PSAP, such wireless carrier shall be disregarded
18 in the determinations to be made pursuant to subparagraphs (iii)
19 and (iv) until such time as the wireless carrier's obligation to
20 provide wireless E-911 Phase II service again becomes effective.
21 (b) Wireless E-911 surcharge.--Each wireless service
22 customer shall pay a fee, to be known as a wireless E-911
23 surcharge, in an amount of $1.00 per month per each wireless <--
24 two-way communication device FOR EACH DEVICE THAT PROVIDES <--
25 WIRELESS SERVICE for which that customer is billed by a wireless
26 provider for wireless service or receives prepaid wireless
27 telephone service from a wireless provider. Such fee shall be
28 collected apart from, and in addition to, any fee levied by the
29 wireless provider in whole or in part for the provision of 911
30 services.
20030S0432B0852 - 20 -
1 (1) Wireless providers shall collect the fee on behalf
2 of the agency as part of their billing process and shall have
3 no obligation to take any legal action to enforce the
4 collection of the surcharge. Such action may be brought by or
5 on behalf of the agency. Annually, upon written request of
6 the agency, each wireless provider shall provide a list of
7 the names and addresses of those wireless service customers
8 carrying a balance that have failed to pay the wireless E-911
9 surcharge. The wireless provider shall not be liable for such
10 unpaid amounts.
11 (2) If a wireless provider receives a partial payment
12 for a monthly bill from a wireless service customer, the
13 wireless provider shall apply the payment against the amount
14 the wireless service customer owes the wireless provider
15 first and shall remit to the State Treasurer such lesser
16 amount, if any, as shall result therefrom.
17 (3) The fees collected under this subsection shall not
18 be subject to taxes or charges levied by the Commonwealth or
19 any political subdivision of this Commonwealth, nor shall
20 such fees be considered revenue of the wireless provider for
21 any purpose.
22 (4) In the case of prepaid wireless telephone service,
23 the monthly wireless 911 surcharge imposed by this section
24 shall be remitted based upon each prepaid wireless account in
25 any manner consistent with the provider's existing operating
26 or technological abilities, such as customer address,
27 location associated with the MTN, or reasonable allocation
28 method based upon other comparable relevant data, and
29 associated with Pennsylvania, for each wireless customer with
30 an active prepaid wireless account and has a sufficient
20030S0432B0852 - 21 -
1 positive balance as of the last day of each month, if such
2 information is available.
3 (c) Remittance of fees.--On a quarterly basis, each wireless
4 provider shall remit the fees collected under subsection (b) to
5 the State Treasurer for deposit into the fund.
6 (d) Reimbursement of wireless providers PROVIDER AND PSAP <--
7 costs.--
8 (1) From every such remittance, the wireless provider
9 shall be entitled to deduct and retain an amount not to
10 exceed 2% of the gross receipts collected as reimbursement
11 for the administrative costs incurred by the wireless
12 provider to bill, collect and remit the surcharge.
13 (2) Upon FOLLOWING receipt of a request by a public <--
14 agency PSAP for wireless E-911 service, a wireless provider <--
15 also shall be entitled: AND THE REQUESTING PSAP SHALL EACH BE <--
16 ENTITLED TO PAYMENT FROM THE FUND, IN THE MANNER PROVIDED IN
17 SECTION 11.5(C), FOR THE FOLLOWING COSTS:
18 (i) To be reimbursed for any recurring RECURRING <--
19 costs approved BY THE AGENCY pursuant to agency rules <--
20 associated with the development, implementation,
21 operation and maintenance of wireless E-911 service in
22 the geographic area served by the requesting public <--
23 agency. PSAP; AND <--
24 (ii) To be reimbursed for any nonrecurring <--
25 NONRECURRING costs approved BY THE AGENCY pursuant to <--
26 agency rules associated with the development,
27 implementation, operation and maintenance of wireless E-
28 911 service in the geographic area served by the
29 requesting public agency PSAP. Full reimbursement of the <--
30 approved costs shall be made by the agency simultaneously
20030S0432B0852 - 22 -
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 COSTS be <--
5 reimbursed for payment of costs that are not related to a <--
6 wireless provider's OR PSAP'S compliance with requirements <--
7 established by the wireless E-911 State plan or, the FCC E- <--
8 911 Order OR THE WIRELESS E-911 PROVISIONS OF AN AGENCY- <--
9 APPROVED COUNTY PLAN OR AMENDED COUNTY PLAN.
10 (4) Nothing in this act shall prevent a wireless
11 provider from recovering its costs of implementing and
12 maintaining wireless E-911 service directly from its
13 customers, whether itemized on the customer's bill or by any
14 other lawful method. No wireless provider that levies such a
15 separate fee for provision of E-911 wireless service in the
16 geographic area served by the requesting public agency PSAP <--
17 may receive a reimbursement under this section for the same <--
18 costs.
19 (e) Reporting by wireless providers.--With each remittance a
20 wireless provider shall supply the following information to the
21 State Treasurer and to the agency:
22 (1) The total fees collected through the wireless E-911
23 surcharge from its wireless service customers during the
24 reporting period.
25 (2) The total amount retained by it as reimbursement for
26 administrative costs to cover its expenses of billing,
27 collecting and remitting the fees collected from the wireless
28 E-911 surcharge during the reporting period.
29 (3) Until all nonrecurring costs have been recovered by
30 a wireless provider, the total amount it has been reimbursed
20030S0432B0852 - 23 -
1 by the agency for nonrecurring costs associated with the
2 development, implementation, operation and maintenance of
3 wireless E-911 service during the reporting period.
4 (f) Information to be supplied by wireless providers.--All
5 wireless providers shall provide the agency with such
6 information as it shall request in writing in order to discharge
7 its obligations under this section, including, but not limited
8 to, the collection and deposit of the wireless E-911 surcharge
9 and its administration of the fund. Information supplied by
10 wireless service providers pursuant to this section shall remain <--
11 confidential and release of such information shall be governed
12 by section 11.7.
13 (g) Prohibition.--No part of the fund, including any excess
14 amount under section 11.6(a), shall be used for any purpose
15 unless authorized by this act.
16 (H) SURCHARGE SUNSET.--THE WIRELESS E-911 SURCHARGE FEE <--
17 ESTABLISHED IN SUBSECTION (B) SHALL TERMINATE ON JUNE 30, 2009,
18 UNLESS EXTENDED BY AN ACT OF THE GENERAL ASSEMBLY.
19 Section 11.5. Disbursement of fund amounts by agency.
20 (a) Expenditures for wireless E-911 systems.--During each
21 fiscal year, the agency may, only in furtherance of the Wireless
22 E-911 State plan, disburse moneys from the Wireless E-911
23 Emergency Services Fund to agency-approved public agencies PSAPS <--
24 WITH AGENCY-APPROVED COUNTY PLANS OR AMENDED COUNTY PLANS and
25 wireless providers for the following purposes:
26 (1) To provide for recurring and nonrecurring costs for <--
27 the development, implementation, operation and maintenance of
28 a Statewide integrated wireless E-911 system in accordance
29 with the FCC E-911 Order.
30 (1) TO PAY THE COSTS OF PSAPS AND WIRELESS PROVIDERS <--
20030S0432B0852 - 24 -
1 PROVIDED FOR IN SECTION 11.4(A)(1) AND (D)(2) AND THE COSTS
2 OF PSAPS PROVIDED FOR IN SECTION 11.4(A)(2).
3 (2) To train emergency service personnel regarding
4 receipt and use of wireless E-911 service information.
5 (3) To educate consumers regarding the operations,
6 limitations, role and responsible use of wireless E-911
7 service.
8 (4) To provide for a wireless provider's agency-approved <--
9 recurring and nonrecurring costs associated with the
10 establishment, operation, administration and maintenance of
11 the wireless E-911 system, including the costs of designing,
12 developing, acquiring, constructing, maintaining and
13 operating network or other equipment, hardware and data
14 bases.
15 (5) PSAP eligible expenses to the extent:
16 (i) all eligible and approved expenses in section
17 11.4(a)(1) have been reimbursed; and
18 (ii) they do not exceed the percentage of the actual
19 demonstrated ratio of wireless calls to demonstrated
20 total emergency call volume times the amount of money in
21 the fund, and further:
22 (I) the expenses are limited to 25% of the fund
23 if a majority of wireless providers serving the
24 geographic area covered by the PSAP have been tested
25 and accepted by the PSAP for wireless E-911 Phase I
26 service;
27 (II) the expenses are limited to 50% of the fund
28 if all of the wireless providers serving the
29 geographic area covered by the PSAP have been tested
30 and accepted by the PSAP for wireless E-911 Phase I
20030S0432B0852 - 25 -
1 service;
2 (III) the expenses are limited to 75% of the
3 fund if a majority of wireless providers serving the
4 geographic area covered by the PSAP have been tested
5 and accepted by the PSAP for wireless E-911 Phase II
6 service;
7 (IV) the expenses are limited to 100% of the
8 fund if all of the wireless providers serving the
9 geographic area covered by the PSAP have been tested
10 and accepted by the PSAP for wireless E-911 Phase II
11 service.
12 (6) In the event that, pursuant to an FCC E-911 waiver,
13 a wireless provider is temporarily relieved of its obligation
14 to provide wireless E-911 Phase II service in the geographic
15 area covered by a requesting PSAP, such wireless carrier
16 shall be disregarded in the determinations to be made
17 pursuant to paragraph (5)(III) and (IV) until such time as
18 the wireless carrier's obligation to provide wireless E-911
19 Phase II service again becomes effective.
20 (b) Limitations on use of fund amounts by public agencies <--
21 PSAPS.--No public agency PSAP shall receive a disbursement from <--
22 the fund for any cost necessary to house the wireless E-911
23 system or for the purchase of real estate, cosmetic remodeling,
24 ambulances, fire engines or other emergency vehicles, utilities,
25 taxes and other expenses as determined by the agency. No more
26 than 70% of the disbursements which a public agency PSAP <--
27 receives from the fund during the agency's fiscal year may be
28 utilized to fund personnel training, salary and benefit costs.
29 (C) MANNER OF PAYMENT.--EACH PSAP AND WIRELESS PROVIDER <--
30 SHALL SUBMIT TO THE AGENCY EACH YEAR, NOT LATER THAN 120 DAYS
20030S0432B0852 - 26 -
1 BEFORE THE FIRST DAY OF THE AGENCY'S FISCAL YEAR, THE ELIGIBLE
2 COSTS IT EXPECTS TO INCUR FOR WIRELESS E-911 SERVICE DURING THE
3 NEXT FISCAL YEAR OF THE AGENCY. THE AGENCY SHALL REVIEW THE
4 SUBMISSION, ENSURE THAT THE COSTS ARE ELIGIBLE FOR PAYMENT FROM
5 THE FUND AND NOTIFY THE SUBMITTING PSAP OR WIRELESS PROVIDER,
6 NOT LATER THAN 30 DAYS BEFORE THE FIRST DAY OF THE AGENCY'S
7 FISCAL YEAR, OF THE ELIGIBLE COSTS. THE AGENCY SHALL PAY TO EACH
8 PSAP AND WIRELESS PROVIDER, FROM THE FUND, THE AMOUNT OF THE
9 SUBMITTED COSTS THE AGENCY DETERMINED TO BE ELIGIBLE, WHETHER OR
10 NOT THE COSTS HAVE BEEN INCURRED AT OR BEFORE THE TIME OF
11 PAYMENT. PAYMENT SHALL BE MADE IN FOUR EQUAL PAYMENTS ON THE
12 FIRST DAY OF EACH QUARTER OF THE AGENCY'S FISCAL YEAR, AS
13 FOLLOWS:
14 (1) THE AGENCY SHALL FIRST PAY THE COSTS APPROVED FOR
15 EACH PSAP THAT ARE PAYABLE IN THE QUARTER.
16 (2) FOLLOWING THE PAYMENT OF APPROVED COSTS TO A PSAP
17 FOR PHASE I DEPLOYMENT OF WIRELESS E-911 SERVICE, AS SET
18 FORTH IN THE FCC E-911 ORDER, BUT ONLY AFTER THE PSAP ISSUES
19 ITS REQUEST TO WIRELESS PROVIDERS TO FURNISH PHASE I WIRELESS
20 E-911 SERVICE PURSUANT TO THE FCC E-911 ORDER, THE AGENCY
21 SHALL PAY THE APPROVED COSTS OF WIRELESS PROVIDERS THAT ARE
22 PAYABLE IN THE QUARTER TO PROVIDE THE REQUESTED WIRELESS E-
23 911 SERVICE TO THAT PSAP.
24 (3) FOLLOWING THE PAYMENT OF APPROVED COSTS TO A PSAP
25 FOR PHASE II DEPLOYMENT OF WIRELESS E-911 SERVICE, AS SET
26 FORTH IN THE FCC E-911 ORDER, BUT ONLY AFTER THE PSAP ISSUES
27 ITS REQUEST TO WIRELESS PROVIDERS TO FURNISH PHASE II
28 WIRELESS E-911 SERVICE PURSUANT TO THE FCC E-911 ORDER, THE
29 AGENCY SHALL PAY THE APPROVED COSTS OF WIRELESS PROVIDERS
30 THAT ARE PAYABLE IN THE QUARTER TO PROVIDE THE REQUESTED
20030S0432B0852 - 27 -
1 WIRELESS E-911 SERVICE TO THAT PSAP.
2 (4) IN ANY QUARTER OF THE AGENCY'S FISCAL YEAR, ALL
3 COSTS SPECIFIED IN SECTION 11.4(A)(1) THAT ARE APPROVED BY
4 THE AGENCY FOR PAYMENT TO PSAPS OR WIRELESS PROVIDERS SHALL
5 BE PAID BEFORE ANY OTHER COSTS PAYABLE PURSUANT TO THIS
6 CHAPTER ARE PAID TO ANY PSAP OR WIRELESS PROVIDER. IN THE
7 FIRST QUARTER OF THE AGENCY'S FISCAL YEAR, THE AGENCY SHALL
8 DETERMINE WHETHER PAYMENTS TO PSAPS AND WIRELESS PROVIDERS
9 DURING THE PRECEDING FISCAL YEAR EXCEEDED OR WERE LESS THAN
10 THE ELIGIBLE COSTS INCURRED BY EACH PSAP AND WIRELESS
11 PROVIDER SUBMITTING COSTS DURING THE FISCAL YEAR. EACH PSAP
12 AND WIRELESS PROVIDER SHALL PROVIDE VERIFICATION OF SUCH
13 COSTS AS REQUIRED BY THE AGENCY. ANY OVERPAYMENT SHALL BE
14 REFUNDED TO THE AGENCY OR, WITH THE AGENCY'S APPROVAL, MAY BE
15 USED TO PAY AGENCY-APPROVED COSTS THE PSAP OR WIRELESS
16 PROVIDER SUBMITTED FOR THE CURRENT FISCAL YEAR OF THE AGENCY.
17 THE AMOUNT OF ANY UNDERPAYMENT WILL BE PAID TO THE PSAP OR
18 WIRELESS PROVIDER IN ACCORDANCE WITH THIS SUBSECTION AND
19 SUBSECTION (D) WITHIN THE CURRENT FISCAL YEAR. THE AGENCY
20 SHALL RECONSIDER A DETERMINATION OF ELIGIBLE COSTS PURSUANT
21 TO THIS SUBSECTION UPON REQUEST BY A SUBMITTING PSAP OR
22 WIRELESS PROVIDER, AND SHALL PROVIDE A PROCEDURE FOR SUCH
23 RECONSIDERATION.
24 (c) Pro rata sharing of fund amounts.--Should the total <--
25 amount of moneys in the fund in any quarter be insufficient to
26 (D) PRO RATA SHARING OF FUND AMOUNTS.-- <--
27 (1) IF THE TOTAL AMOUNT OF MONEY IN THE FUND IN ANY
28 QUARTER IS INSUFFICIENT TO pay for both agency-approved
29 public agency PSAP costs and agency-approved wireless <--
30 provider costs, each wireless provider and the requesting <--
20030S0432B0852 - 28 -
1 public agency shall receive a pro rata share of the total
2 funds in the account. The pro rata share for any public
3 agency or wireless provider shall be computed based upon the
4 total dollar amount of funds in the fund multiplied by the
5 ratio of the total dollar amount of agency-approved but
6 unpaid invoices of that public agency or wireless provider to
7 the total dollar amount of all agency-approved but unpaid
8 invoices. Any WHICH ARE PAYABLE IN THE QUARTER, UNDER <--
9 SUBSECTION (C), FOR BOTH PHASE I DEPLOYMENT AND PHASE II
10 DEPLOYMENT OF WIRELESS E-911 SERVICE, AS SET FORTH IN THE FCC
11 E-911 ORDER, THEN PAYMENTS FROM THE FUND FOR THAT QUARTER
12 SHALL BE MADE AS FOLLOWS:
13 (I) THE AGENCY-APPROVED PHASE I DEPLOYMENT COSTS OF
14 A PSAP AND THOSE WIRELESS PROVIDERS TO WHICH THE PSAP HAS
15 ISSUED ITS REQUEST FOR PHASE I WIRELESS E-911 SERVICE
16 SHALL BE PAID BEFORE ANY AGENCY-APPROVED COSTS FOR PHASE
17 II DEPLOYMENT ARE PAID.
18 (II) IF, NOTWITHSTANDING SUBPARAGRAPH (I), THE TOTAL
19 AMOUNT OF MONEYS IN THE FUND IN THE QUARTER IS
20 INSUFFICIENT TO PAY ALL PHASE I DEPLOYMENT COSTS OF BOTH
21 PSAPS AND WIRELESS PROVIDERS WHICH ARE PAYABLE IN THE
22 QUARTER, THEN EACH REQUESTING PSAP AND EACH REQUESTING
23 WIRELESS PROVIDER SHALL RECEIVE, FOR PAYMENT OF PHASE I
24 DEPLOYMENT COSTS, A PRO RATA SHARE OF THE TOTAL AMOUNT OF
25 MONEYS IN THE FUND IN THE QUARTER.
26 (III) IF THE TOTAL AMOUNT OF MONEYS IN THE FUND IN
27 THE QUARTER IS INSUFFICIENT TO PAY ALL AGENCY-APPROVED
28 PHASE II DEPLOYMENT COSTS OF BOTH PSAPS AND WIRELESS
29 PROVIDERS WHICH ARE PAYABLE IN THE QUARTER, THEN EACH
30 REQUESTING PSAP AND EACH REQUESTING WIRELESS PROVIDER
20030S0432B0852 - 29 -
1 SHALL RECEIVE, FOR PAYMENT OF PHASE II DEPLOYMENT COSTS,
2 A PRO RATA SHARE OF THE TOTAL MONEYS IN THE FUND WHICH
3 ARE AVAILABLE IN THE QUARTER FOR PAYMENT OF PHASE II
4 DEPLOYMENT COSTS.
5 (2) FOR ANY PSAP OR WIRELESS PROVIDER, PRO RATA SHARES
6 SHALL BE COMPUTED BASED UPON THE TOTAL DOLLAR AMOUNT OF MONEY
7 AVAILABLE IN THE FUND FOR PAYMENT OF PHASE I OR PHASE II
8 DEPLOYMENT COSTS, WHICHEVER IS APPLICABLE, MULTIPLIED BY THE
9 RATIO OF:
10 (I) THE TOTAL DOLLAR AMOUNT OF AGENCY-APPROVED BUT
11 UNPAID COSTS OF THAT PSAP OR WIRELESS PROVIDER FOR PHASE
12 I OR PHASE II DEPLOYMENT, WHICHEVER IS APPLICABLE; TO
13 (II) THE TOTAL DOLLAR AMOUNT OF ALL AGENCY-APPROVED
14 BUT UNPAID COSTS.
15 (3) ANY remaining unpaid agency-approved public agency <--
16 PSAP costs or wireless provider costs shall be carried <--
17 forward for payment during the next fiscal quarter. Such
18 carryforward process shall continue each fiscal quarter until
19 all agency-approved public agency PSAP costs and wireless <--
20 provider costs have been paid. PRO RATA AND OTHER PAYMENTS <--
21 UNDER THIS SUBSECTION, INCLUDING, BUT NOT LIMITED TO,
22 PAYMENTS OF COSTS WHICH ARE CARRIED FORWARD FOR PAYMENT IN
23 SUBSEQUENT FISCAL QUARTERS, SHALL ALSO BE SUBJECT TO ALL
24 PROVISIONS AND REQUIREMENTS OF SUBSECTION (C), EXCEPT FOR
25 SUBSECTION (C)(1).
26 (d) (E) Triennial financial audit.--The agency shall require <--
27 a triennial financial audit of each public agency's PSAP'S use <--
28 of the disbursements it has received from the fund and of a
29 wireless provider's collection, deduction, retention, remittance
30 and use of the amounts collected by the wireless provider under
20030S0432B0852 - 30 -
1 the wireless E-911 surcharge or the disbursements it received
2 from the fund. These triennial financial audits shall be
3 consistent with guidelines established by the agency and the
4 cost of each audit shall be paid from the fund.
5 Section 11.6. Reporting.
6 (a) Annual report by agency.--Not later than March 1 of each
7 year, the agency, after consideration of the recommendations of
8 the advisory board, shall submit an annual report, which may be
9 combined with that required by section 3(a)(5), to the Governor
10 and the General Assembly. Subject to the provisions of section
11 11.7(b), the report shall include at least the following:
12 (1) The extent to which wireless E-911 systems currently
13 exist in this Commonwealth.
14 (2) Those public agencies PSAPS which completed <--
15 installation of wireless E-911 systems pursuant to the
16 wireless E-911 State plan and the costs and expenses for
17 installation.
18 (3) An itemization by a public agency PSAP or wireless <--
19 provider, project and description and expenditure for each
20 Wireless E-911 Emergency Services Fund disbursement made in
21 the fiscal year just concluded. The itemization shall include
22 an explanation of how each project contributed to the
23 fulfillment of the existing wireless E-911 State plan.
24 (4) The planned expenditures for the next fiscal year
25 for installation of wireless E-911 systems pursuant to the
26 wireless E-911 State plan.
27 (5) The total aggregate fees collected from all wireless
28 providers in the fiscal year just concluded based upon the
29 reports of such providers submitted under section 11.4(e) and
30 any other funds received by the fund.
20030S0432B0852 - 31 -
1 (6) The amount of any unexpended funds carried forward
2 in the fund.
3 (7) The amount of any remaining unpaid agency-approved
4 public agency PSAP costs or wireless provider costs being <--
5 carried forward for payment during the next fiscal quarter.
6 (b) Study of wireless E-911 emergency services
7 implementation and operation.--The agency, after consideration
8 of the recommendations of the advisory committee, shall report
9 to the Governor and the General Assembly no less than
10 triennially its recommendations concerning wireless E-911
11 implementation and operation, including, but not limited to,
12 necessary or required actions which must be undertaken in
13 response to the Federal Communication Commission's directive in
14 the FCC E-911 Order. The report shall recommend measures to be
15 taken by the General Assembly.
16 Section 11.7. Public disclosure and confidentiality of
17 information.
18 (a) Annual report of the agency.--The annual report of the
19 agency shall be a public document.
20 (b) Prohibition against release of information.--Neither the
21 State Treasurer, the agency, nor any employee, agent or
22 representative of a PSAP or public agency shall divulge any
23 information acquired by it or him with respect to any wireless
24 provider, its customers, revenues or expenses, trade secrets,
25 commercial information and such other proprietary information
26 while acting or claiming to act as such employee, agent or
27 representative, and all such information is hereby required to
28 be kept confidential, except that aggregations of information
29 which do not identify or effectively identify numbers of
30 customers, revenues or expenses, trade secrets, commercial
20030S0432B0852 - 32 -
1 information and such other proprietary information attributable
2 to any individual wireless provider may be made public.
3 Section 11.8. Wireless provider records.
4 (a) Access.--Upon request from and pursuant to agreement
5 with a PSAP, each wireless provider shall provide E-911 Service
6 data base information as permitted under the law to the
7 requesting PSAP. Such information shall remain the property of
8 the disclosing wireless provider and, except as otherwise
9 provided by applicable Federal or State law, shall be used by
10 the PSAP only in connection with providing emergency response
11 services to a call to a 911 system or to a wireless E-911
12 system.
13 (b) Violations.--A person commits a misdemeanor of the third
14 degree who:
15 (1) Uses or discloses wireless E-911 service data base
16 information for purposes other than handling a call to a 911
17 system or to a wireless E-911 system without the consent of
18 the wireless service customer, or as otherwise provided by
19 applicable Federal or State law.
20 (2) Knowingly uses the telephone number of a 911 system
21 or wireless E-911 system to avoid any charges for the
22 services of a local exchange carrier, competitive local
23 exchange carrier, interexchange carrier or wireless provider.
24 (c) Privacy waived.--The provisions of 66 Pa.C.S. § 2906
25 (relating to dissemination of telephone numbers and other
26 identifying information) shall have no application to wireless
27 providers TO THE EXTENT THEY ARE engaged in providing wireless <--
28 E-911 service or related services.
29 Section 11.9. Immunity.
30 (a) Generally.--No wireless provider or its officers,
20030S0432B0852 - 33 -
1 directors, employees, agents or vendors shall be liable to any
2 person for criminal penalties or civil damages resulting from,
3 or caused by, such wireless provider's, its officers',
4 directors', employees', agents' or suppliers' participation in
5 or acts, failure or omissions in connection with that
6 participation in the development, design, installation,
7 operation, maintenance, performance or provision of wireless E-
8 911 service, except for willful or wanton misconduct.
9 (b) Parity of liability.--A wireless provider shall have the
10 same immunity from liability for transmission errors or
11 failures, network outages or other technical problems that arise
12 in the course of handling emergency calls or providing emergency
13 services (including wireless E-911 service) as a local exchange
14 carrier enjoys in the course of handling such calls or providing
15 such services.
16 (c) Release of information.--No wireless provider or its
17 employees or agents shall be liable to any person for releasing
18 wireless service customer information to the agency or to any
19 911 system or wireless E-911 system, public agency or PSAP as
20 required by this act.
21 Section 11.10. Agency funding for wireless E-911 support.
22 The agency is authorized to retain up to one-half of one
23 percent of the annual wireless E-911 surcharge proceeds to pay
24 for agency expenses directly related to administering the
25 wireless E-911 provisions of this act. This will include, but
26 will not be limited to, personnel, travel, administrative and
27 printing costs.
28 Section 11.11. Rate regulation.
29 Nothing in this act shall be construed to constitute the
30 regulation of the rates charged by wireless providers for any
20030S0432B0852 - 34 -
1 service or feature which they provide to their wireless service
2 customers, or to prohibit a wireless provider from charging a
3 wireless service customer for any service or feature provided to
4 such customer.
5 Section 11.12. Rules and regulations.
6 The agency shall have the power and authority to issue
7 guidelines and to promulgate, adopt, publish, use and enforce
8 rules and regulations for the implementation of this act and
9 shall within one year of the effective date of this act, after
10 consideration of the recommendations of the advisory board,
11 promulgate such guidelines and rules and regulations as may be
12 necessary to implement this act. Guidelines and rules and
13 regulations proposed under the authority of this section shall
14 be subject to review by the General Counsel and the Attorney
15 General in the manner provided for the review of proposed rules
16 and regulations pursuant to the act of October 15, 1980
17 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and
18 the act of June 25, 1982 (P.L.633, No.181), known as the
19 Regulatory Review Act.
20 Section 11.13. Enforcement of provisions of act.
21 In addition to any powers expressly enumerated in this act,
22 the agency shall have full power and authority, and it shall be
23 its duty to enforce, execute and carry out, by its rules and
24 regulations, or otherwise, all and singular, the provisions of
25 this act, and the agency may institute injunction, mandamus or
26 other appropriate legal proceedings to enforce the provisions of
27 this act and regulations promulgated under it.
28 Section 7. If any provision of this act or the application
29 thereof to any person or circumstances is held invalid, such
30 invalidity shall not affect other provisions or applications of
20030S0432B0852 - 35 -
1 the act which can be given effect without the invalid provision
2 or application, and to this end the provisions of this act are
3 declared to be severable.
4 Section 8. This act shall take effect as follows:
5 (1) The wireless E-911 subscriber surcharge provided in
6 section 11.4 of the act shall take effect upon the first
7 billing cycle of a wireless provider occurring 90 days after
8 the effective date of this act.
9 (2) The remainder of this act shall take effect in 90
10 days.
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