PRIOR PRINTER'S NOS. 453, 852 PRINTER'S NO. 952
No. 432 Session of 2003
INTRODUCED BY CONTI, ERICKSON, KUKOVICH, MOWERY, MUSTO,
D. WHITE, WONDERLING AND THOMPSON, MARCH 10, 2003
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 9, 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) SET FORTH IN 47 CFR 20.18 (RELATING TO 911 SERVICE), <--
13 any successor proceeding, and any other FCC order that affects
14 the provision of wireless E-911 service to wireless service
15 customers.
16 "Fund." The Wireless E-911 Emergency Services Fund
17 established in section 11.4.
18 "Interexchange carrier." A person that is authorized by the
19 Pennsylvania Public Utility Commission to provide long-distance
20 telecommunications service.
21 "Local exchange carrier." A person, including a competitive
22 local exchange carrier, that is authorized by the Pennsylvania
23 Public Utility Commission to provide local exchange
24 telecommunications service or exchange access.
25 "Local exchange telephone service." The provision of
26 telephonic message transmission within an exchange, as such is
27 defined and described in tariffs filed with and approved by the
28 commission.
29 "Mobile telephone number" or "MTN." The telephone number
30 assigned to a wireless telephone at the time of initial
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1 activation.
2 "NPA-NXX." The first six digits of a ten-digit telephone
3 number, including a mobile telephone number, representing the
4 area code and exchange of the telephone number.
5 "Person." The term includes a corporation, a partnership, an
6 association, the Federal Government, the State government, a
7 political subdivision, a municipal or other local authority, as
8 well as a natural person.
9 "Prepaid wireless telephone service." A wireless telephone
10 service which is activated in advance by payment of a finite
11 dollar amount or for a finite set of minutes and which, unless
12 an additional finite dollar amount or finite set of minutes is
13 paid in advance, terminates either upon use by a customer and
14 delivery by the wireless carrier of an agreed-upon amount of
15 service corresponding to the total dollar amount paid in advance
16 or within a certain period of time following initial purchase or
17 activation.
18 "Public agency." The Commonwealth or a political
19 subdivision, public authority, municipal authority or any
20 organization located in whole or in part within this
21 Commonwealth which provides or has the authority to provide
22 firefighting, law enforcement, ambulance, emergency medical or
23 other emergency services.
24 "Public safety answering point" or "PSAP." The agency-
25 approved first point at which calls for emergency assistance
26 from individuals are answered, operated 24 hours a day.
27 "Sufficient positive balance." A dollar amount greater than
28 or equal to the monthly wireless surcharge amount.
29 "Telephone subscriber." A person who contracts with a
30 [telephone company] local exchange carrier within this
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1 Commonwealth for local exchange telephone service, either
2 residential or commercial. When the same person has several
3 telephone dial tone access lines, each dial tone access line
4 shall constitute a separate subscription. For purposes of the
5 contribution rate, the term shall not include pay stations owned
6 or operated by a regulated public 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 E-911 service." Service provided by a wireless
11 provider, pursuant to the FCC E-911 Order.
12 "Wireless E-911 State plan." A document to be prepared,
13 maintained and kept current by the Pennsylvania Emergency
14 Management Agency providing for all aspects of the development,
15 implementation, operation and maintenance of a Statewide
16 integrated wireless E-911 system, including the exclusive
17 authority to formulate technical standards and determine
18 permitted uses of and amounts disbursed from the Wireless E-911
19 Emergency Services Fund established by section 11.4(a).
20 "Wireless E-911 surcharge." A monthly fee assessed upon each
21 wireless service customer for each wireless two-way
22 communication device for which that customer is charged by a
23 wireless provider for wireless service.
24 "Wireless E-911 system." An E-911 system which permits
25 wireless service customers dialing 911 to be connected to a
26 public safety answering point for the reporting of police, fire,
27 medical or other emergency situations.
28 "Wireless provider." A person engaged in the business of
29 providing wireless service to end-use customers in this
30 Commonwealth, including resellers.
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1 "Wireless service." Commercial mobile radio service as
2 defined under section 332(d) of the Communications Act of 1934
3 (47 U.S.C. § 332(d)), and which provides real-time, two-way
4 voice service that is interconnected with the public switched
5 telephone network.
6 "Wireless service customer." A person who is billed by a
7 wireless provider or who receives prepaid wireless telephone
8 service from a wireless provider for wireless service within
9 this Commonwealth.
10 Section 2. Section 3 of the act is amended by adding a
11 subsection to read:
12 Section 3. Telecommunications management.
13 * * *
14 (d) Exemption.--The Pennsylvania State Police
15 telecommunications facilities are exempt from the
16 telecommunications management of the agency, council and the
17 commission.
18 Section 3. Section 4(a) of the act is amended by adding a
19 paragraph to read:
20 Section 4. Counties.
21 (a) Powers and duties.--The board of county commissioners,
22 or, in a home rule county, the appropriate body according to the
23 home rule charter, shall have the following powers and duties in
24 relation to a 911 system and wireless E-911 system:
25 * * *
26 (8) To cooperate with the Pennsylvania State Police.
27 Subject to subparagraphs (i) through (iii), a county that
28 utilizes ANI/ALI data base services, shall, upon request of
29 the Commissioner of the Pennsylvania State Police or his
30 designee, provide authority to access all ANI/ALI data base
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1 information relating to 911 calls for emergency services,
2 whether the data base is held by the county or by a
3 commercial entity.
4 (i) In order to ensure that no county or PSAP
5 experiences degradation of service or additional costs as
6 a result of complying with this subsection:
7 (A) the Pennsylvania State Police shall provide,
8 at its cost, any equipment, computer software or
9 telecommunications equipment or services, exclusive
10 of recurring personnel costs for county personnel,
11 that are necessary to enable its access to any
12 ANI/ALI data base information; and
13 (B) all such means of access must be approved by
14 the county, PSAP and the Pennsylvania State Police
15 before the county is required to authorize or provide
16 the access. In the event of a dispute between the
17 Pennsylvania State Police and a county or PSAP
18 regarding approval by the county and PSAP, the
19 dispute shall be mediated by the Office of
20 Information Technology of the Commonwealth's Office
21 of Administration. The Office of Information
22 Technology may bring in a Commonwealth mediator from
23 the Office of General Counsel to provide assistance
24 in resolving the dispute.
25 (ii) The ANI/ALI data base information to which
26 access is authorized or enabled under this paragraph or
27 section 4.1(a)(3) shall be used only in providing
28 emergency response services to a 911 call. A person who
29 uses or discloses such ANI/ALI data base information for
30 any purpose commits a misdemeanor of the third degree.
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1 (iii) Nothing contained in this paragraph shall be
2 construed to impose on wireless providers any obligations
3 beyond those created by applicable Federal Communications
4 Commission orders and regulations. Public agencies,
5 counties, PSAPs and wireless providers shall not be
6 liable to any person for errors in any of the ANI/ALI
7 data base information which may be accessed by or
8 provided to the Pennsylvania State Police under this
9 paragraph.
10 * * *
11 Section 4. The act is amended by adding a section to read:
12 Section 4.1. Pennsylvania State Police.
13 (a) Powers and duties.--The Commissioner of the Pennsylvania
14 State Police, or his designee, shall have the following powers
15 and duties in relation to a Pennsylvania State Police
16 telecommunications facility:
17 (1) To designate, with specificity, which Pennsylvania
18 State Police facilities shall be considered Pennsylvania
19 State Police telecommunications facilities under this act.
20 (2) To designate a commander of the Pennsylvania State
21 Police telecommunications facility who shall serve as the
22 point of contact with the agency and the counties and shall
23 oversee the implementation, operation and maintenance of the
24 Pennsylvania State Police telecommunications facility. The
25 Pennsylvania State Police facility shall, where
26 technologically feasible, be adequate to provide service to
27 the designated area of coverage.
28 (3) To request authority to access ANI/ALI data base
29 information relating to 911 calls for emergency services,
30 from the counties and PSAPs within the designated area of
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1 coverage of the Pennsylvania State Police telecommunications
2 facility; provided, that no county or PSAP shall be required
3 to comply with such a request unless it is made by the
4 Commissioner of the Pennsylvania State Police or his designee
5 pursuant to section 4(a)(8); and provided further that
6 section 4(a)(8) shall apply to any such request.
7 (4) To provide training and certification for all call-
8 takers/dispatchers and call-taker/dispatcher supervisors that
9 meets or exceeds the training and certification standards
10 that are provided for in 4 Pa. Code Ch. 120c (relating to
11 training and certification standards for 911 emergency
12 communications personnel).
13 (b) Ineligible reimbursement.--The Pennsylvania State Police
14 are not eligible to receive any reimbursement from the moneys
15 collected from the contribution rate or wireless E-911
16 surcharge, nor may the Pennsylvania State Police impose a
17 monthly contribution rate upon the telephone subscribers on the
18 local exchange access line or any wireless E-911-related
19 surcharge upon wireless service customers.
20 Section 5. Sections 9 and 11.1 of the act, amended or added
21 February 12, 1998 (P.L.64, No.17), are amended to read:
22 Section 9. Telephone records.
23 (a) Access.--Each telephone service supplier shall provide
24 customer telephone numbers, names and service addresses [to 911
25 systems] or, in the case of a wireless provider, the telephone
26 number and the geographical location of the wireless device, as
27 specified in the FCC E-911 Order, to PSAPs when [required]
28 requested by them for use in providing emergency response
29 services to 911 calls. Although customer telephone numbers,
30 names and service addresses and geographical locations of
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1 wireless devices shall be available to [911 systems] PSAPs and
2 may be used by them in providing emergency response services to
3 911 calls, such information shall remain the property of the
4 disclosing service supplier. The total cost of the 911 system or
5 wireless E-911 system shall include expenses to reimburse
6 telephone service suppliers for providing and maintaining 911
7 information; provided, however, that nothing in this section
8 shall permit a telephone service supplier to be reimbursed
9 directly from the fund for providing and maintaining 911
10 information. This information shall be used only in providing
11 emergency response services to a 911 call, except as provided in
12 subsection (c). A person who uses or discloses ANI/ALI data base
13 information for purposes other than [handling] providing
14 emergency response services to a 911 call or other than as
15 provided in subsection (c) commits a misdemeanor of the third
16 degree.
17 (b) Privacy waived.--Private listing service customers in a
18 911 service district shall waive the privacy afforded by
19 nonlisted and nonpublished numbers when using the 911 emergency
20 service.
21 (c) Immunity.--No telephone company, wireless
22 [communications company] provider or vendor or agent, employee
23 or director of a telephone company, wireless [communications
24 company] provider or vendor shall be liable to any person who
25 directly or indirectly uses the 911 emergency service
26 established under this act or provides information to 911
27 systems or wireless E-911 systems:
28 (1) for release to a public agency or a public safety
29 answering point of information specified in this section that
30 is not already part of the public records, including
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1 nonpublished telephone numbers; [or]
2 (2) for release to the commission, the Federal
3 Communications Commission or any other Federal or
4 Commonwealth agency with the authority to regulate the
5 provision of telecommunications services, of telephone
6 company information specified in this section that is not
7 already part of public records, including where applicable
8 information regarding numbers of lines served by an
9 individual company but excluding nonpublic information
10 regarding the company's individual customer names, addresses
11 and telephone numbers; or
12 [(2)] (3) for interruptions, omissions, defects, errors,
13 mistakes or delays in transmission occurring in the course of
14 rendering 911 emergency service or wireless E-911 service
15 under this act, unless such interruptions, omissions,
16 defects, errors, mistakes or delays are caused by the willful
17 or wanton misconduct of the telephone company, wireless
18 communications company or vendor, their agents, employees or
19 directors: Provided, however, That nothing herein shall
20 preclude the application of any commission tariff or
21 regulation within its jurisdiction pertaining to allowances
22 for telephone service interruptions.
23 Section 11.1. Immunity.
24 All 911 systems and wireless E-911 systems run by county and
25 local governments shall be local agencies who shall enjoy local
26 governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch.
27 C (relating to actions against local parties).
28 Section 6. The act is amended by adding sections to read:
29 Section 11.2. Powers and duties of agency.
30 (a) Administration.--The agency shall have the following
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1 powers and duties in relation to a wireless E-911 system:
2 (1) To designate at least one member of the agency who
3 shall serve as a point of contact at the agency for all
4 matters involving wireless E-911 systems in this
5 Commonwealth.
6 (2) To oversee the development, implementation,
7 operation and maintenance of a Statewide integrated wireless
8 E-911 system, formulate technical standards and determine
9 permitted uses of and amounts disbursed from the Wireless E-
10 911 Emergency Services Fund established in section 11.4(a),
11 including the costs of PSAPs and wireless providers that are
12 eligible for payment from the fund; and
13 (3) to approve each county's county plan, or amendment
14 to its agency-approved county plan, incorporating wireless E-
15 911 service capabilities as may be submitted by the county to
16 the agency.
17 (b) Wireless E-911 State plan.--The agency shall prepare,
18 maintain and keep current, after adequate public notice and
19 opportunity to comment and after consideration of the
20 recommendations of the wireless advisory subcommittee, a
21 wireless E-911 State plan providing for all aspects of the
22 development, implementation, operation and maintenance of a
23 Statewide integrated wireless E-911 system in accordance with
24 the FCC E-911 Order. Pursuant to such plan, the agency shall:
25 (1) Establish model agreements for mutual aid
26 agreements, cross-service agreements, service contracts and
27 all other documents by and among public agencies, PSAPs and
28 wireless providers that may be required in the implementation
29 of the wireless E-911 State plan, review such agreements and
30 documents for consistency with the applicable county plan,
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1 and assist the parties in assuring their execution.
2 (2) Require each wireless provider to notify the agency
3 of each county in which it is currently licensed and provides
4 wireless service, and at the time new service is initiated,
5 each county in which it is licensed and initiates wireless
6 service; and to notify counties of wireless service within
7 each county, specifically noting wireless service to more
8 than one county. In the event of disputes among PSAPs
9 regarding the PSAP to which a wireless provider routes 911
10 calls, the routing shall be determined by the agency.
11 (3) Establish uniform, Statewide standards for the
12 format and content of wireless automatic location information
13 and wireless automatic number identification, which standards
14 shall be the standards adopted by the National Emergency
15 Number Association, as from time to time amended by that
16 organization. Wireless providers will use the applicable
17 National Emergency Number Association data transmission
18 format standards to deliver such data to the wireless E-911
19 system.
20 (4) Forward a copy of the completed plan and any
21 revision thereof to all affected counties, PSAPs, wireless
22 providers, local exchange carriers, competitive local
23 exchange carriers and interexchange carriers.
24 (5) Require each wireless provider to provide the agency
25 with a twenty-four-hour, seven-days-a-week contact telephone
26 number or pager number for use by PSAPs in emergency
27 situations.
28 Section 11.3. Advisory committees.
29 (a) Establishment of a E-911 Emergency Services Advisory
30 Committee.--There is hereby established an advisory committee to
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1 be known as the E-911 Emergency Services Advisory Committee.
2 (b) Members.--The advisory committee shall be comprised of
3 the following persons:
4 (1) The director of the agency or his designee who shall
5 act as chairperson.
6 (2) Two county commissioners.
7 (3) Four county 911 program managers.
8 (4) Four wireless providers licensed by the Federal
9 Communications Commission.
10 (5) Two landline telephone service provider
11 representatives.
12 (6) Two representatives each from the fire service,
13 emergency medical service and police service.
14 (7) The chairman and minority chairman of the
15 Communications and Technology Committee of the Senate and the
16 chairman and minority chairman of the Veterans Affairs and
17 Emergency Preparedness Committee of the House of
18 Representatives, or their designees.
19 The Governor, upon recommendation of the applicable Statewide
20 organizations, associations and industry segments, shall appoint
21 the committee members, who will each serve a two-year term.
22 Advisory committee membership shall be limited to one
23 representative per organization or corporate entity.
24 (c) Roles and responsibilities.--The advisory committee
25 shall make recommendations to the agency regarding the
26 formulation of technical, administrative and operational
27 standards for use in overseeing 911 programs Statewide.
28 (d) Reimbursement.--The members of the advisory committee
29 shall serve without compensation, but shall be reimbursed for
30 their actual and necessary travel and other expenses in
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1 connection with attendance at meetings called by the
2 chairperson.
3 (e) Advisory committee subcommittees.--The chairperson may
4 create, within the committee membership, subcommittees to study
5 and address specific technical and program areas:
6 (1) A wireless subcommittee shall be created as a
7 permanent subcommittee and shall consist of the following
8 persons:
9 (i) The advisory committee chairperson.
10 (ii) Two county commissioners.
11 (iii) Four county 911 program managers.
12 (iv) Four representatives of wireless providers
13 licensed by the Federal Communications Commission.
14 (v) Two landline telephone service provider
15 representatives.
16 (2) Wireless subcommittee roles and responsibilities:
17 (i) To advise the agency regarding the development,
18 implementation, operation and maintenance of a Statewide
19 integrated wireless E-911 system.
20 (ii) To make recommendations to the agency regarding
21 the preparation and periodic revision of a wireless E-911
22 State plan providing for the development, implementation,
23 operation and maintenance of a Statewide integrated
24 wireless E-911 system in accordance with the FCC E-911
25 Order.
26 (iii) To make recommendations to the agency
27 regarding the approval or disapproval of wireless
28 provider service agreements and the formulation of
29 technical standards.
30 (iv) To make recommendations to the agency regarding
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1 the development of guidelines, rules and regulations
2 required to address the administration of the Statewide
3 E-911 wireless plan and the disbursement of moneys from
4 the Wireless E-911 Emergency Services Fund.
5 (v) To make recommendations to the agency regarding
6 the development of the annual report required of the
7 agency by this act, including, but not limited to,
8 recommendations concerning adjustments of the wireless E-
9 911 surcharge.
10 Section 11.4. Wireless E-911 Emergency Services Fund.
11 (a) Establishment of fund.--There is hereby established in
12 the State Treasury a nonlapsing restricted interest-bearing
13 account to be known as the Wireless E-911 Emergency Services
14 Fund. The fund shall consist of the fees collected under
15 subsection (b), funds appropriated by the General Assembly and
16 of funds from any other source, private or public. Moneys in the
17 fund and the interest it accrues shall be appropriated annually
18 to the Pennsylvania Emergency Management Agency to be disbursed
19 by the agency. The moneys in the fund shall be used only for the
20 following costs:
21 (1) PSAP and wireless provider costs resulting from
22 compliance with the FCC E-911 Order, including development,
23 implementation and testing, operation and maintenance of a
24 Statewide integrated wireless E-911 system. Costs paid from
25 the fund must be eligible recurring or nonrecurring costs, as
26 determined by the agency in accordance with sections 11.2(a)
27 and 11.5, for wireless E-911 service provided in accordance
28 with the FCC E-911 Order or a county plan or amended county
29 plan approved by the agency.
30 (2) The agency-approved costs of PSAPs specified in
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1 section 8(b) that relate directly or indirectly to the
2 provision of wireless E-911 service, to the extent:
3 (i) The costs are not included in the costs paid
4 under section 11.4(a)(1) and the approved E-911 costs
5 provided in section 11.4(a)(1) have been reimbursed; and
6 (ii) the costs do not exceed the percentage of the
7 actual demonstrated ratio of wireless calls to
8 demonstrated total emergency call volume times the amount
9 of money in the fund, and further:
10 (A) the amount of the costs that may be
11 reimbursed is limited to 25% of the fund if a
12 majority of wireless providers serving the geographic
13 area covered by the PSAP have been tested and
14 accepted by the PSAP for wireless E-911 Phase I
15 service;
16 (B) the amount of the costs that may be
17 reimbursed is limited to 50% of the fund if all of
18 the wireless providers serving the geographic area
19 covered by the PSAP have been tested and accepted by
20 the PSAP for wireless E-911 Phase I service;
21 (C) the amount of the costs that may be
22 reimbursed is limited to 75% of the fund if a
23 majority of wireless providers serving the geographic
24 area covered by the PSAP have been tested and
25 accepted by the PSAP for wireless E-911 Phase II
26 service; and
27 (D) the amount of the costs that may be
28 reimbursed is limited to 100% of the fund if all of
29 the wireless providers serving the geographic area
30 covered by the PSAP have been tested and accepted by
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1 the PSAP for wireless E-911 Phase II service.
2 In the event that, pursuant to an FCC E-911 waiver, a wireless
3 provider is temporarily relieved of its obligation to provide
4 wireless E-911 Phase II service in the geographic area covered
5 by a requesting PSAP, such wireless carrier shall be disregarded
6 in the determinations to be made pursuant to subparagraphs (iii)
7 and (iv) until such time as the wireless carrier's obligation to
8 provide wireless E-911 Phase II service again becomes effective.
9 (b) Wireless E-911 surcharge.--Each wireless service
10 customer shall pay a fee, to be known as a wireless E-911
11 surcharge, in an amount of $1 per month for each device that
12 provides wireless service for which that customer is billed by a
13 wireless provider for wireless service or receives prepaid
14 wireless telephone service from a wireless provider. Such fee
15 shall be collected apart from, and in addition to, any fee
16 levied by the wireless provider in whole or in part for the
17 provision of 911 services.
18 (1) Wireless providers shall collect the fee on behalf
19 of the agency as part of their billing process and shall have
20 no obligation to take any legal action to enforce the
21 collection of the surcharge. Such action may be brought by or
22 on behalf of the agency. Annually, upon written request of
23 the agency, each wireless provider shall provide a list of
24 the names and addresses of those wireless service customers
25 carrying a balance that have failed to pay the wireless E-911
26 surcharge. The wireless provider shall not be liable for such
27 unpaid amounts.
28 (2) If a wireless provider receives a partial payment
29 for a monthly bill from a wireless service customer, the
30 wireless provider shall apply the payment against the amount
20030S0432B0952 - 19 -
1 the wireless service customer owes the wireless provider
2 first and shall remit to the State Treasurer such lesser
3 amount, if any, as shall result therefrom.
4 (3) The fees collected under this subsection shall not
5 be subject to taxes or charges levied by the Commonwealth or
6 any political subdivision of this Commonwealth, nor shall
7 such fees be considered revenue of the wireless provider for
8 any purpose.
9 (4) In the case of prepaid wireless telephone service,
10 the monthly wireless 911 surcharge imposed by this section
11 shall be remitted based upon each prepaid wireless account in
12 any manner consistent with the provider's existing operating
13 or technological abilities, such as customer address,
14 location associated with the MTN, or reasonable allocation
15 method based upon other comparable relevant data, and
16 associated with Pennsylvania, for each wireless customer with
17 an active prepaid wireless account and has a sufficient
18 positive balance as of the last day of each month, if such
19 information is available.
20 (c) Remittance of fees.--On a quarterly basis, each wireless
21 provider shall remit the fees collected under subsection (b) to
22 the State Treasurer for deposit into the fund.
23 (d) Reimbursement of wireless provider and PSAP costs.--
24 (1) From every such remittance, the wireless provider
25 shall be entitled to deduct and retain an amount not to
26 exceed 2% of the gross receipts collected as reimbursement
27 for the administrative costs incurred by the wireless
28 provider to bill, collect and remit the surcharge.
29 (2) Following receipt of a request by a PSAP for <--
30 wireless E-911 service, a wireless provider and the
20030S0432B0952 - 20 -
1 requesting PSAP shall each be
2 (2) WIRELESS PROVIDERS AND PSAPS SHALL BE entitled to <--
3 payment from the fund, in the manner provided in section
4 11.5(c), for the following costs:
5 (i) Recurring costs approved by the agency pursuant
6 to agency rules associated with the development,
7 implementation, operation and maintenance of wireless E-
8 911 service in the geographic area served by the
9 requesting PSAP; and
10 (ii) Nonrecurring costs approved by the agency
11 pursuant to agency rules associated with the development,
12 implementation, operation and maintenance of wireless E-
13 911 service in the geographic area served by the
14 requesting PSAP.
15 (3) In no event shall any costs be reimbursed PAID that <--
16 are not related to a wireless provider's or PSAP's compliance
17 with requirements established by the wireless E-911 State
18 plan, the FCC E-911 Order or the wireless E-911 provisions of
19 an agency-approved county plan or amended county plan.
20 (4) COSTS INCURRED BY A PSAP OR WIRELESS PROVIDER FOR <--
21 WIRELESS E-911 SERVICE PRIOR TO THE EFFECTIVE DATE OF THIS
22 SECTION SHALL BE PAID BY THE AGENCY PROVIDED THAT THE COSTS
23 COMPLY WITH THE REQUIREMENTS OF THIS SECTION AND SECTION
24 11.5, WERE INCURRED AFTER JANUARY 1, 1998, AND ARE DETERMINED
25 BY THE AGENCY, AFTER APPLICATION IN ACCORDANCE WITH SECTION
26 11.5(C), TO BE ELIGIBLE FOR PAYMENT FROM THE FUND. ANY SUCH
27 COSTS THAT THE AGENCY DETERMINES TO BE ELIGIBLE SHALL BE PAID
28 AS PROVIDED IN SECTION 11.5.
29 (4) (5) Nothing in this act shall prevent a wireless <--
30 provider from recovering its costs of implementing and
20030S0432B0952 - 21 -
1 maintaining wireless E-911 service directly from its
2 customers, whether itemized on the customer's bill or by any
3 other lawful method. No wireless provider that levies such a
4 separate fee for provision of E-911 wireless service in the
5 geographic area served by the requesting PSAP may receive a
6 reimbursement for the same costs.
7 (e) Reporting by wireless providers.--With each remittance a
8 wireless provider shall supply the following information to the
9 State Treasurer and to the agency:
10 (1) The total fees collected through the wireless E-911
11 surcharge from its wireless service customers during the
12 reporting period.
13 (2) The total amount retained by it as reimbursement for
14 administrative costs to cover its expenses of billing,
15 collecting and remitting the fees collected from the wireless
16 E-911 surcharge during the reporting period.
17 (3) Until all nonrecurring costs have been recovered by
18 a wireless provider, the total amount it has been reimbursed
19 by the agency for nonrecurring costs associated with the
20 development, implementation, operation and maintenance of
21 wireless E-911 service during the reporting period.
22 (f) Information to be supplied by wireless providers.--All
23 wireless providers shall provide the agency with such
24 information as it shall request in writing in order to discharge
25 its obligations under this section, including, but not limited
26 to, the collection and deposit of the wireless E-911 surcharge
27 and its administration of the fund. Information supplied by
28 wireless providers pursuant to this section shall remain
29 confidential and release of such information shall be governed
30 by section 11.7.
20030S0432B0952 - 22 -
1 (g) Prohibition.--No part of the fund, including any excess
2 amount under section 11.6(a), shall be used for any purpose
3 unless authorized by this act.
4 (h) Surcharge sunset.--The wireless E-911 surcharge fee
5 established in subsection (b) shall terminate on June 30, 2009,
6 unless extended by an act of the General Assembly.
7 Section 11.5. Disbursement of fund amounts by agency.
8 (a) Expenditures for wireless E-911 systems.--During each
9 fiscal year, the agency may, only in furtherance of the Wireless
10 E-911 State plan, disburse moneys from the Wireless E-911
11 Emergency Services Fund to PSAPs with agency-approved county
12 plans or amended county plans and wireless providers for the
13 following purposes:
14 (1) To pay the costs of PSAPs and wireless providers
15 provided for in section 11.4(a)(1) and (d)(2) and the costs
16 of PSAPs provided for in section 11.4(a)(2).
17 (2) To train emergency service personnel regarding
18 receipt and use of wireless E-911 service information.
19 (3) To educate consumers regarding the operations,
20 limitations, role and responsible use of wireless E-911
21 service.
22 (b) Limitations on use of fund amounts by PSAPs.--No PSAP
23 shall receive a disbursement from the fund for any cost
24 necessary to house the wireless E-911 system or for the purchase
25 of real estate, cosmetic remodeling, ambulances, fire engines or
26 other emergency vehicles, utilities, taxes and other expenses as
27 determined by the agency. No more than 70% of the disbursements
28 which a PSAP receives from the fund during the agency's fiscal
29 year may be utilized to fund personnel training, salary and
30 benefit costs.
20030S0432B0952 - 23 -
1 (c) Manner of payment.--Each PSAP and wireless provider
2 shall submit to the agency each year, not later than 120 days
3 before the first day of the agency's fiscal year, the eligible
4 costs it expects to incur for wireless E-911 service during the
5 next fiscal year of the agency. THE SUBMISSION MAY INCLUDE <--
6 ELIGIBLE COSTS THAT THE PSAP OR WIRELESS PROVIDER HAS ALREADY
7 INCURRED FOR WIRELESS E-911 SERVICE AT THE TIME OF THE
8 SUBMISSION. The agency shall review the submission, ensure that
9 the costs are eligible for payment from the fund and notify the
10 submitting PSAP or wireless provider, not later than 30 days
11 before the first day of the agency's fiscal year, of the
12 eligible costs. The agency shall pay to each PSAP and wireless
13 provider, from the fund, the amount of the submitted costs the
14 agency determined to be eligible, whether or not the costs have
15 been incurred at or before the time of payment, AND WHETHER OR <--
16 NOT THE COSTS, IF ALREADY INCURRED, WERE INCURRED PRIOR TO THE
17 EFFECTIVE DATE OF THIS SECTION. Payment shall be made in four
18 equal payments on the first day of each quarter of the agency's
19 fiscal year, as follows:
20 (1) The agency shall first pay the costs approved for
21 each PSAP that are payable in the quarter.
22 (2) Following the payment of approved costs to a PSAP
23 for Phase I deployment of wireless E-911 service, as set
24 forth in the FCC E-911 Order, but only after the PSAP issues <--
25 HAS ISSUED its request to wireless providers to furnish Phase <--
26 I wireless E-911 service pursuant to the FCC E-911 Order, the
27 agency shall pay the approved costs of wireless providers
28 that are payable in the quarter to provide the requested
29 wireless E-911 service to that PSAP.
30 (3) Following the payment of approved costs to a PSAP
20030S0432B0952 - 24 -
1 for Phase II deployment of wireless E-911 service, as set
2 forth in the FCC E-911 Order, but only after the PSAP issues <--
3 HAS ISSUED its request to wireless providers to furnish Phase <--
4 II wireless E-911 service pursuant to the FCC E-911 Order,
5 the agency shall pay the approved costs of wireless providers
6 that are payable in the quarter to provide the requested
7 wireless E-911 service to that PSAP.
8 (4) In any quarter of the agency's fiscal year, all
9 costs specified in section 11.4(a)(1) that are approved by
10 the agency for payment to PSAPs or wireless providers shall
11 be paid before any other costs payable pursuant to this
12 chapter are paid to any PSAP or wireless provider. In the
13 first quarter of the agency's fiscal year, the agency shall
14 determine whether payments to PSAPs and wireless providers
15 during the preceding fiscal year exceeded or were less than
16 the eligible costs incurred by each PSAP and wireless
17 provider submitting costs during the fiscal year. Each PSAP
18 and wireless provider shall provide verification of such
19 costs as required by the agency. Any overpayment shall be
20 refunded to the agency or, with the agency's approval, may be
21 used to pay agency-approved costs the PSAP or wireless
22 provider submitted for the current fiscal year of the agency.
23 The amount of any underpayment will be paid to the PSAP or
24 wireless provider in accordance with this subsection and
25 subsection (d) within the current fiscal year. The agency
26 shall reconsider a determination of eligible costs pursuant
27 to this subsection upon request by a submitting PSAP or
28 wireless provider, and shall provide a procedure for such
29 reconsideration.
30 (d) Pro rata sharing of fund amounts.--
20030S0432B0952 - 25 -
1 (1) If the total amount of money in the fund in any
2 quarter is insufficient to pay for both agency-approved PSAP
3 costs and agency-approved wireless provider costs which are
4 payable in the quarter, under subsection (c), for both Phase
5 I deployment and Phase II deployment of wireless E-911
6 service, as set forth in the FCC E-911 Order, then payments
7 from the fund for that quarter shall be made as follows:
8 (i) The agency-approved Phase I deployment costs of
9 a PSAP and those wireless providers to which the PSAP has
10 issued its request for Phase I wireless E-911 service
11 shall be paid before any agency-approved costs for Phase
12 II deployment are paid.
13 (ii) If, notwithstanding subparagraph (i), the total
14 amount of moneys in the fund in the quarter is
15 insufficient to pay all Phase I deployment costs of both
16 PSAPs and wireless providers which are payable in the
17 quarter, then each requesting PSAP and each requesting
18 wireless provider shall receive, for payment of Phase I
19 deployment costs, a pro rata share of the total amount of
20 moneys in the fund in the quarter.
21 (iii) If the total amount of moneys in the fund in
22 the quarter is insufficient to pay all agency-approved
23 Phase II deployment costs of both PSAPs and wireless
24 providers which are payable in the quarter, then each
25 requesting PSAP and each requesting wireless provider
26 shall receive, for payment of Phase II deployment costs,
27 a pro rata share of the total moneys in the fund which
28 are available in the quarter for payment of Phase II
29 deployment costs.
30 (2) For any PSAP or wireless provider, pro rata shares
20030S0432B0952 - 26 -
1 shall be computed based upon the total dollar amount of money
2 available in the fund for payment of Phase I or Phase II
3 deployment costs, whichever is applicable, multiplied by the
4 ratio of:
5 (i) the total dollar amount of agency-approved but
6 unpaid costs of that PSAP or wireless provider for Phase
7 I or Phase II deployment, whichever is applicable; to
8 (ii) the total dollar amount of all agency-approved
9 but unpaid costs.
10 (3) Any remaining unpaid agency-approved PSAP costs or
11 wireless provider costs shall be carried forward for payment
12 during the next fiscal quarter. Such carryforward process
13 shall continue each fiscal quarter until all agency-approved
14 PSAP costs and wireless provider costs have been paid. Pro
15 rata and other payments under this subsection, including, but
16 not limited to, payments of costs which are carried forward
17 for payment in subsequent fiscal quarters, shall also be
18 subject to all provisions and requirements of subsection (c),
19 except for subsection (c)(1).
20 (e) Triennial financial audit.--The agency shall require a
21 triennial financial audit of each PSAP's use of the
22 disbursements it has received from the fund and of a wireless
23 provider's collection, deduction, retention, remittance and use
24 of the amounts collected by the wireless provider under the
25 wireless E-911 surcharge or the disbursements it received from
26 the fund. These triennial financial audits shall be consistent
27 with guidelines established by the agency and the cost of each
28 audit shall be paid from the fund.
29 Section 11.6. Reporting.
30 (a) Annual report by agency.--Not later than March 1 of each
20030S0432B0952 - 27 -
1 year, the agency, after consideration of the recommendations of
2 the advisory board, shall submit an annual report, which may be
3 combined with that required by section 3(a)(5), to the Governor
4 and the General Assembly. Subject to the provisions of section
5 11.7(b), the report shall include at least the following:
6 (1) The extent to which wireless E-911 systems currently
7 exist in this Commonwealth.
8 (2) Those PSAPs which completed installation of wireless
9 E-911 systems pursuant to the wireless E-911 State plan and
10 the costs and expenses for installation.
11 (3) An itemization by a PSAP or wireless provider,
12 project and description and expenditure for each Wireless E-
13 911 Emergency Services Fund disbursement made in the fiscal
14 year just concluded. The itemization shall include an
15 explanation of how each project contributed to the
16 fulfillment of the existing wireless E-911 State plan.
17 (4) The planned expenditures for the next fiscal year
18 for installation of wireless E-911 systems pursuant to the
19 wireless E-911 State plan.
20 (5) The total aggregate fees collected from all wireless
21 providers in the fiscal year just concluded based upon the
22 reports of such providers submitted under section 11.4(e) and
23 any other funds received by the fund.
24 (6) The amount of any unexpended funds carried forward
25 in the fund.
26 (7) The amount of any remaining unpaid agency-approved
27 PSAP costs or wireless provider costs being carried forward
28 for payment during the next fiscal quarter.
29 (b) Study of wireless E-911 emergency services
30 implementation and operation.--The agency, after consideration
20030S0432B0952 - 28 -
1 of the recommendations of the advisory committee, shall report
2 to the Governor and the General Assembly no less than
3 triennially its recommendations concerning wireless E-911
4 implementation and operation, including, but not limited to,
5 necessary or required actions which must be undertaken in
6 response to the Federal Communication Commission's directive in
7 the FCC E-911 Order. The report shall recommend measures to be
8 taken by the General Assembly.
9 Section 11.7. Public disclosure and confidentiality of
10 information.
11 (a) Annual report of the agency.--The annual report of the
12 agency shall be a public document.
13 (b) Prohibition against release of information.--Neither the
14 State Treasurer, the agency, nor any employee, agent or
15 representative of a PSAP or public agency shall divulge any
16 information acquired by it or him with respect to any wireless
17 provider, its customers, revenues or expenses, trade secrets,
18 commercial information and such other proprietary information
19 while acting or claiming to act as such employee, agent or
20 representative, and all such information is hereby required to
21 be kept confidential, except that aggregations of information
22 which do not identify or effectively identify numbers of
23 customers, revenues or expenses, trade secrets, commercial
24 information and such other proprietary information attributable
25 to any individual wireless provider may be made public.
26 Section 11.8. Wireless provider records.
27 (a) Access.--Upon request from and pursuant to agreement
28 with a PSAP, each wireless provider shall provide E-911 Service
29 data base information as permitted under the law to the
30 requesting PSAP. Such information shall remain the property of
20030S0432B0952 - 29 -
1 the disclosing wireless provider and, except as otherwise
2 provided by applicable Federal or State law, shall be used by
3 the PSAP only in connection with providing emergency response
4 services to a call to a 911 system or to a wireless E-911
5 system.
6 (b) Violations.--A person commits a misdemeanor of the third
7 degree who:
8 (1) Uses or discloses wireless E-911 service data base
9 information for purposes other than handling a call to a 911
10 system or to a wireless E-911 system without the consent of
11 the wireless service customer, or as otherwise provided by
12 applicable Federal or State law.
13 (2) Knowingly uses the telephone number of a 911 system
14 or wireless E-911 system to avoid any charges for the
15 services of a local exchange carrier, competitive local
16 exchange carrier, interexchange carrier or wireless provider.
17 (c) Privacy waived.--The provisions of 66 Pa.C.S. § 2906
18 (relating to dissemination of telephone numbers and other
19 identifying information) shall have no application to wireless
20 providers to the extent they are engaged in providing wireless
21 E-911 service or related services.
22 Section 11.9. Immunity.
23 (a) Generally.--No wireless provider or its officers,
24 directors, employees, agents or vendors shall be liable to any
25 person for criminal penalties or civil damages resulting from,
26 or caused by, such wireless provider's, its officers',
27 directors', employees', agents' or suppliers' participation in
28 or acts, failure or omissions in connection with that
29 participation in the development, design, installation,
30 operation, maintenance, performance or provision of wireless E-
20030S0432B0952 - 30 -
1 911 service, except for willful or wanton misconduct.
2 (b) Parity of liability.--A wireless provider shall have the
3 same immunity from liability for transmission errors or
4 failures, network outages or other technical problems that arise
5 in the course of handling emergency calls or providing emergency
6 services (including wireless E-911 service) as a local exchange
7 carrier enjoys in the course of handling such calls or providing
8 such services.
9 (c) Release of information.--No wireless provider or its
10 employees or agents shall be liable to any person for releasing
11 wireless service customer information to the agency or to any
12 911 system or wireless E-911 system, public agency or PSAP as
13 required by this act.
14 Section 11.10. Agency funding for wireless E-911 support.
15 The agency is authorized to retain up to one-half of one
16 percent of the annual wireless E-911 surcharge proceeds to pay
17 for agency expenses directly related to administering the
18 wireless E-911 provisions of this act. This will include, but
19 will not be limited to, personnel, travel, administrative and
20 printing costs.
21 Section 11.11. Rate regulation.
22 Nothing in this act shall be construed to constitute the
23 regulation of the rates charged by wireless providers for any
24 service or feature which they provide to their wireless service
25 customers, or to prohibit a wireless provider from charging a
26 wireless service customer for any service or feature provided to
27 such customer.
28 Section 11.12. Rules and regulations.
29 The agency shall have the power and authority to issue
30 guidelines and to promulgate, adopt, publish, use and enforce
20030S0432B0952 - 31 -
1 rules and regulations for the implementation of this act and
2 shall within one year of the effective date of this act, after
3 consideration of the recommendations of the advisory board,
4 promulgate such guidelines and rules and regulations as may be
5 necessary to implement this act. Guidelines and rules and
6 regulations proposed under the authority of this section shall
7 be subject to review by the General Counsel and the Attorney
8 General in the manner provided for the review of proposed rules
9 and regulations pursuant to the act of October 15, 1980
10 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and
11 the act of June 25, 1982 (P.L.633, No.181), known as the
12 Regulatory Review Act.
13 Section 11.13. Enforcement of provisions of act.
14 In addition to any powers expressly enumerated in this act,
15 the agency shall have full power and authority, and it shall be
16 its duty to enforce, execute and carry out, by its rules and
17 regulations, or otherwise, all and singular, the provisions of
18 this act, and the agency may institute injunction, mandamus or
19 other appropriate legal proceedings to enforce the provisions of
20 this act and regulations promulgated under it.
21 Section 7. If any provision of this act or the application
22 thereof to any person or circumstances is held invalid, such
23 invalidity shall not affect other provisions or applications of
24 the act which can be given effect without the invalid provision
25 or application, and to this end the provisions of this act are
26 declared to be severable.
27 Section 8. This act shall take effect as follows:
28 (1) The wireless E-911 subscriber surcharge provided in
29 section 11.4 of the act shall take effect upon the first
30 billing cycle of a wireless provider occurring 90 days after
20030S0432B0952 - 32 -
1 the effective date of this act.
2 (2) The remainder of this act shall take effect in 90
3 days.
B5L35JLW/20030S0432B0952 - 33 -