PRIOR PRINTER'S NOS. 453, 852, 952 PRINTER'S NO. 994
No. 432 Session of 2003
INTRODUCED BY CONTI, ERICKSON, KUKOVICH, MOWERY, MUSTO,
D. WHITE, WONDERLING AND THOMPSON, MARCH 10, 2003
AS AMENDED ON THIRD CONSIDERATION, JUNE 18, 2003
AN ACT
1 Amending the act of July 9, 1990 (P.L.340, No.78), entitled "An
2 act providing for a Statewide emergency telephone number 911
3 system; providing for contributions from telephone
4 subscribers; providing a penalty; and making a repeal,"
5 further providing for definitions, for local government
6 immunity and for powers and duties of the Pennsylvania
7 Emergency Management Agency; establishing a Statewide
8 integrated wireless E-911 State plan; establishing a Wireless
9 E-911 Emergency Services Fund and disbursements therefrom;
10 further providing for collection of an E-911 surcharge from
11 wireless customers and for annual reporting; establishing a
12 wireless E-911 Emergency Services Advisory Committee; and
13 providing for rules and regulations.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 2 of the act of July 9, 1990 (P.L.340,
17 No.78), known as the Public Safety Emergency Telephone Act,
18 amended February 12, 1998 (P.L.64, No.17), is amended to read:
19 Section 2. Definitions.
20 The following words and phrases when used in this act shall
21 have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "911 emergency communication system" or "911 system." A
1 system, including enhanced 911 service but excluding a wireless
2 E-911 system, which permits a person dialing 911 by telephone to
3 be connected to a public safety answering point, via normal
4 telephone facilities, for the reporting of police, fire, medical
5 or other emergency situations.
6 "Active prepaid wireless account." A prepaid wireless
7 account that has been used by the customer during the month to
8 complete a telephone call for which the customer's card or
9 account was reduced.
10 "Advisory committee." The wireless E-911 Emergency Services
11 Advisory Committee established in section 11.3.
12 "Agency." The Pennsylvania Emergency Management Agency.
13 "Associated with Pennsylvania."
14 (1) in the case of the mobile telephone number (MTN) the
15 geographical location associated with the first six digits,
16 or NPA/NXX, of the MTN; or
17 (2) in the case of a customer service address the
18 physical location of the address.
19 "Automatic location information" OR "ALI." The delivery or <--
20 receipt of the street address of the telephone, or the
21 geographic location of the wireless device, as specified in the
22 FCC E-911 Order, being used to place a call to a 911 system or
23 to a wireless E-911 system.
24 "Automatic number identification" OR "ANI." The delivery or <--
25 receipt of the telephone number assigned to the telephone or
26 wireless device being used to place a call to a 911 system or to
27 a wireless E-911 system.
28 "Commission." The Pennsylvania Public Utility Commission.
29 "Competitive local exchange carrier." A local exchange
30 carrier that has been certificated as a competitive local
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1 exchange carrier by the Pennsylvania Public Utility Commission.
2 "Contribution rate." A fee assessed against a telephone
3 subscriber for the nonrecurring costs, maintenance and operating
4 costs of a 911 system. Counties of the first through second
5 class A may impose a monthly contribution rate in an amount not
6 to exceed $1 per line on each local exchange access line.
7 Counties of the third through fifth class may impose monthly
8 contribution rates in an amount not to exceed $1.25 per line on
9 each local exchange access line. Counties of the sixth through
10 eighth class may impose a monthly contribution rate in an amount
11 not to exceed $1.50 per line on each local exchange access line.
12 The contribution rate may be used by counties for the expenses
13 of implementing, expanding or upgrading a 911 system. Expenses
14 eligible for reimbursement through the contribution rate shall
15 include telephone terminal equipment, trunk line service
16 installation, network changes, building of initial data base and
17 any other nonrecurring costs to establish a 911 system. The
18 contribution rate may also be used to fund recurring costs
19 pursuant to section 8(b). Expenses not eligible for
20 reimbursement through the contribution rate shall include
21 purchase of real estate, cosmetic remodeling, central office
22 upgrades, hiring of dispatchers, ambulances, fire engines or
23 other emergency vehicles, utilities, taxes and other expenses as
24 determined by the Pennsylvania Emergency Management Agency.
25 "Council." The Pennsylvania Emergency Management Council.
26 "County." The term shall include a city of the first class
27 coterminous with a county.
28 "County plan." A document submitted by the county on a
29 triennial basis to the Pennsylvania Emergency Management Agency,
30 outlining its proposed [or existing 911 system] and existing
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1 wireline and wireless 911 and enhanced 911 systems and
2 procedures, including a contribution rate, for the forthcoming
3 three years.
4 "Enhanced 911 service" or "E-911." Emergency telephone
5 service providing for automatic identification of caller
6 location and calling number.
7 "FCC E-911 Order." All orders issued by the Federal
8 Communications Commission pursuant to the proceeding set forth
9 in 47 CFR 20.18 (relating to 911 Service), any successor
10 proceeding, and any other FCC order that affects the provision
11 of wireless E-911 service to wireless service customers.
12 "Fund." The Wireless E-911 Emergency Services Fund
13 established in section 11.4.
14 "Interexchange carrier." A person that is authorized by the
15 Pennsylvania Public Utility Commission to provide long-distance
16 telecommunications service.
17 "Local exchange carrier." A person, including a competitive
18 local exchange carrier, that is authorized by the Pennsylvania
19 Public Utility Commission to provide local exchange
20 telecommunications service or exchange access.
21 "Local exchange telephone service." The provision of
22 telephonic message transmission within an exchange, as such is
23 defined and described in tariffs filed with and approved by the
24 commission.
25 "Mobile telephone number" or "MTN." The telephone number
26 assigned to a wireless telephone at the time of initial
27 activation.
28 "NPA-NXX." The first six digits of a ten-digit telephone
29 number, including a mobile telephone number, representing the
30 area code and exchange of the telephone number.
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1 "Person." The term includes a corporation, a partnership, an
2 association, the Federal Government, the State government, a
3 political subdivision, a municipal or other local authority, as
4 well as a natural person.
5 "Prepaid wireless telephone service." A wireless telephone
6 service which is activated in advance by payment of a finite
7 dollar amount or for a finite set of minutes and which, unless
8 an additional finite dollar amount or finite set of minutes is
9 paid in advance, terminates either upon use by a customer and
10 delivery by the wireless carrier of an agreed-upon amount of
11 service corresponding to the total dollar amount paid in advance
12 or within a certain period of time following initial purchase or
13 activation.
14 "Public agency." The Commonwealth or a political
15 subdivision, public authority, municipal authority or any
16 organization located in whole or in part within this
17 Commonwealth which provides or has the authority to provide
18 firefighting, law enforcement, ambulance, emergency medical or
19 other emergency services.
20 "Public safety answering point" or "PSAP." The agency-
21 approved first point at which calls for emergency assistance
22 from individuals are answered, operated 24 hours a day.
23 "Sufficient positive balance." A dollar amount greater than
24 or equal to the monthly wireless surcharge amount.
25 "Telephone subscriber." A person who contracts with a
26 [telephone company] local exchange carrier within this
27 Commonwealth for local exchange telephone service, either
28 residential or commercial. When the same person has several
29 telephone dial tone access lines, each dial tone access line
30 shall constitute a separate subscription. For purposes of the
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1 contribution rate, the term shall not include pay stations owned
2 or operated by a regulated public utility.
3 "Vendor." A person other than a local exchange carrier or a
4 wireless provider who supplies 911 or wireless E-911 system
5 services or equipment.
6 "Wireless E-911 service." Service provided by a wireless
7 provider, pursuant to the FCC E-911 Order.
8 "Wireless E-911 State plan." A document to be prepared,
9 maintained and kept current by the Pennsylvania Emergency
10 Management Agency providing for all aspects of the development,
11 implementation, operation and maintenance of a Statewide
12 integrated wireless E-911 system, including the exclusive
13 authority to formulate technical standards and determine
14 permitted uses of and amounts disbursed from the Wireless E-911
15 Emergency Services Fund established by section 11.4(a).
16 "Wireless E-911 surcharge." A monthly fee assessed upon each
17 wireless service customer for each wireless two-way
18 communication device for which that customer is charged by a
19 wireless provider for wireless service.
20 "Wireless E-911 system." An E-911 system which permits
21 wireless service customers dialing 911 to be connected to a
22 public safety answering point for the reporting of police, fire,
23 medical or other emergency situations.
24 "Wireless provider." A person engaged in the business of
25 providing wireless service to end-use customers in this
26 Commonwealth, including resellers.
27 "Wireless service." Commercial mobile radio service as
28 defined under section 332(d) of the Communications Act of 1934
29 (47 U.S.C. § 332(d)), and which provides real-time, two-way
30 voice service that is interconnected with the public switched
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1 telephone network.
2 "Wireless service customer." A person who is billed by a
3 wireless provider or who receives prepaid wireless telephone
4 service from a wireless provider for wireless service within
5 this Commonwealth.
6 Section 2. Section 3 of the act is amended by adding a
7 subsection to read:
8 Section 3. Telecommunications management.
9 * * *
10 (d) Exemption.--The Pennsylvania State Police
11 telecommunications facilities are exempt from the
12 telecommunications management of the agency, council and the
13 commission.
14 Section 3. Section 4(a) of the act is amended by adding a
15 paragraph to read:
16 Section 4. Counties.
17 (a) Powers and duties.--The board of county commissioners,
18 or, in a home rule county, the appropriate body according to the
19 home rule charter, shall have the following powers and duties in
20 relation to a 911 system and wireless E-911 system:
21 * * *
22 (8) To cooperate with the Pennsylvania State Police.
23 Subject to subparagraphs (i) through (iii), a county that
24 utilizes ANI/ALI data base services, shall, upon request of
25 the Commissioner of the Pennsylvania State Police or his <--
26 designee THE DESIGNEE OF THE COMMISSIONER, provide authority <--
27 to access all ANI/ALI data base information relating to 911
28 calls for emergency services, whether the data base is held
29 by the county or by a commercial entity.
30 (i) In order to ensure that no county or PSAP
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1 experiences degradation of service or additional costs as
2 a result of complying with this subsection:
3 (A) the Pennsylvania State Police shall provide,
4 at its cost, any equipment, computer software or
5 telecommunications equipment or services, exclusive
6 of recurring personnel costs for county personnel,
7 that are necessary to enable its access to any
8 ANI/ALI data base information; and
9 (B) all such means of access must be approved by
10 the county, PSAP and the Pennsylvania State Police
11 before the county is required to authorize or provide
12 the access. In the event of a dispute between the
13 Pennsylvania State Police and a county or PSAP
14 regarding approval by the county and PSAP, the
15 dispute shall be mediated by the Office of
16 Information Technology of the Commonwealth's Office
17 of Administration. The Office of Information
18 Technology may bring in a Commonwealth mediator from
19 the Office of General Counsel to provide assistance
20 in resolving the dispute.
21 (ii) The ANI/ALI data base information to which
22 access is authorized or enabled under this paragraph or
23 section 4.1(a)(3) shall be used only in providing
24 emergency response services to a 911 call. A person who
25 uses or discloses such ANI/ALI data base information for
26 any OTHER purpose commits a misdemeanor of the third <--
27 degree.
28 (iii) Nothing contained in this paragraph shall be
29 construed to impose on wireless providers any obligations
30 beyond those created by applicable Federal Communications
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1 Commission orders and regulations. Public agencies,
2 counties, PSAPs and wireless providers shall not be
3 liable to any person for errors in any of the ANI/ALI
4 data base information which may be accessed by or
5 provided to the Pennsylvania State Police under this
6 paragraph.
7 * * *
8 Section 4. The act is amended by adding a section to read:
9 Section 4.1. Pennsylvania State Police.
10 (a) Powers and duties.--The Commissioner of the Pennsylvania
11 State Police, or his designee THE DESIGNEE OF THE COMMISSIONER, <--
12 shall have the following powers and duties in relation to a
13 Pennsylvania State Police telecommunications facility:
14 (1) To designate, with specificity, which Pennsylvania
15 State Police facilities shall be considered Pennsylvania
16 State Police telecommunications facilities under this act.
17 (2) To designate a commander of the A Pennsylvania State <--
18 Police telecommunications facility who shall serve as the
19 point of contact with the agency and the counties and shall
20 oversee the implementation, operation and maintenance of the <--
21 A Pennsylvania State Police telecommunications facility. The <--
22 A Pennsylvania State Police facility shall, where <--
23 technologically feasible, be adequate to provide service to
24 the designated area of coverage.
25 (3) To request authority to access ANI/ALI data base
26 information relating to 911 calls for emergency services,
27 from the counties and PSAPs within the designated area of
28 coverage of the A Pennsylvania State Police <--
29 telecommunications facility; provided, that no county or PSAP
30 shall be required to comply with such a request unless it is
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1 made by the Commissioner of the Pennsylvania State Police or
2 his designee THE DESIGNEE OF THE COMMISSIONER pursuant to <--
3 section 4(a)(8); and provided further that section 4(a)(8)
4 shall apply to any such request.
5 (4) To provide training and certification for all call-
6 takers/dispatchers and call-taker/dispatcher supervisors that
7 meets or exceeds the training and certification standards
8 that are provided for in 4 Pa. Code Ch. 120c (relating to
9 training and certification standards for 911 emergency
10 communications personnel) OR ANY SUCCESSOR STANDARD. <--
11 (b) Ineligible reimbursement.--The Pennsylvania State Police
12 are not eligible to receive any reimbursement from the moneys
13 collected from the contribution rate or wireless E-911
14 surcharge, nor may the Pennsylvania State Police impose a
15 monthly contribution rate upon the telephone subscribers on the
16 local exchange access line or any wireless E-911-related
17 surcharge upon wireless service customers.
18 Section 5. Sections 9 and 11.1 of the act, amended or added
19 February 12, 1998 (P.L.64, No.17), are amended to read:
20 Section 9. Telephone records.
21 (a) Access.--Each telephone service supplier shall provide
22 customer telephone numbers, names and service addresses [to 911
23 systems] or, in the case of a wireless provider, the telephone
24 number and the geographical location of the wireless device, as
25 specified in the FCC E-911 Order, to PSAPs when [required]
26 requested by them for use in providing emergency response
27 services to 911 calls. Although customer telephone numbers,
28 names and service addresses and geographical locations of
29 wireless devices shall be available to [911 systems] PSAPs and
30 may be used by them in providing emergency response services to
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1 911 calls, such information shall remain the property of the
2 disclosing service supplier. The total cost of the 911 system or
3 wireless E-911 system shall include expenses to reimburse
4 telephone service suppliers for providing and maintaining 911
5 information; provided, however, that nothing in this section
6 shall permit a telephone service supplier to be reimbursed
7 directly from the fund for providing and maintaining 911
8 information. This information shall be used only in providing
9 emergency response services to a 911 call, except as provided in
10 subsection (c). A person who uses or discloses ANI/ALI data base
11 information for purposes other than [handling] providing
12 emergency response services to a 911 call or other than as
13 provided in subsection (c) commits a misdemeanor of the third
14 degree.
15 (b) Privacy waived.--Private listing service customers in a
16 911 service district shall waive the privacy afforded by
17 nonlisted and nonpublished numbers when using the 911 emergency
18 service.
19 (c) Immunity.--No telephone company, wireless
20 [communications company] provider or vendor or agent, employee
21 or director of a telephone company, wireless [communications
22 company] provider or vendor shall be liable to any person who
23 directly or indirectly uses the 911 emergency service
24 established under this act or provides information to 911
25 systems or wireless E-911 systems:
26 (1) for release to a public agency or a public safety
27 answering point of information specified in this section that
28 is not already part of the public records, including
29 nonpublished telephone numbers; [or]
30 (2) for release to the commission, the Federal
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1 Communications Commission or any other Federal or
2 Commonwealth agency with the authority to regulate the
3 provision of telecommunications services, of telephone
4 company information specified in this section that is not
5 already part of public records, including where applicable
6 information regarding numbers of lines served by an
7 individual company but excluding nonpublic information
8 regarding the company's individual customer names, addresses
9 and telephone numbers; or
10 [(2)] (3) for interruptions, omissions, defects, errors,
11 mistakes or delays in transmission occurring in the course of
12 rendering 911 emergency service or wireless E-911 service
13 under this act, unless such interruptions, omissions,
14 defects, errors, mistakes or delays are caused by the willful
15 or wanton misconduct of the telephone company, wireless
16 communications company or vendor, their agents, employees or
17 directors: Provided, however, That nothing herein shall
18 preclude the application of any commission tariff or
19 regulation within its jurisdiction pertaining to allowances
20 for telephone service interruptions.
21 Section 11.1. Immunity.
22 All 911 systems and wireless E-911 systems run by county and
23 local governments shall be local agencies who shall enjoy local
24 governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch.
25 C (relating to actions against local parties).
26 Section 6. The act is amended by adding sections to read:
27 Section 11.2. Powers and duties of agency.
28 (a) Administration.--The agency shall have the following
29 powers and duties in relation to a wireless E-911 system:
30 (1) To designate at least one member EMPLOYEE of the <--
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1 agency who shall serve as a point of contact at the agency
2 for all matters involving wireless E-911 systems in this
3 Commonwealth.
4 (2) To oversee the development, implementation,
5 operation and maintenance of a Statewide integrated wireless
6 E-911 system, formulate technical standards and determine
7 permitted uses of and amounts disbursed from the Wireless E-
8 911 Emergency Services Fund established in section 11.4(a),
9 including the costs of PSAPs and wireless providers that are
10 eligible for payment from the fund; and
11 (3) to approve each county's county plan, or amendment
12 to its agency-approved county plan, incorporating wireless E-
13 911 service capabilities as may be submitted by the county to
14 the agency.
15 (b) Wireless E-911 State plan.--The agency shall prepare,
16 maintain and keep current, after adequate public notice and
17 opportunity to comment and after consideration of the
18 recommendations of the wireless advisory subcommittee <--
19 SUBCOMMITTEE OF THE ADVISORY COMMITTEE, a wireless E-911 State <--
20 plan providing for all aspects of the development,
21 implementation, operation and maintenance of a Statewide
22 integrated wireless E-911 system in accordance with the FCC E-
23 911 Order. Pursuant to such plan, the agency shall:
24 (1) Establish model agreements for mutual aid
25 agreements, cross-service agreements, service contracts and
26 all other documents by and among public agencies, PSAPs and
27 wireless providers that may be required in the implementation
28 of the wireless E-911 State plan, review such agreements and
29 documents for consistency with the applicable county plan,
30 and assist the parties in assuring their execution.
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1 (2) Require each wireless provider to notify the agency
2 of each county in which it is currently licensed LICENSED ON <--
3 THE EFFECTIVE DATE OF THIS SECTION and provides wireless
4 service, and at the time new service is initiated, each
5 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 AN 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 FIRE <--
13 SERVICES, emergency medical service and police service <--
14 SERVICES AND POLICE. <--
15 (7) The chairman and minority chairman of the
16 Communications and Technology Committee of the Senate and the
17 chairman and minority chairman of the Veterans Affairs and
18 Emergency Preparedness Committee of the House of
19 Representatives, or their designees.
20 The Governor, upon recommendation of the applicable Statewide
21 organizations, associations and industry segments, shall appoint
22 the committee members, who will each serve a two-year term.
23 Advisory committee membership shall be limited to one
24 representative per organization or corporate entity.
25 (c) Roles and responsibilities.--The advisory committee
26 shall make recommendations to the agency regarding the
27 formulation of technical, administrative and operational
28 standards for use in overseeing 911 programs Statewide.
29 (d) Reimbursement.--The members of the advisory committee
30 shall serve without compensation, but shall be reimbursed for
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1 their actual and necessary travel and other expenses in
2 connection with attendance at meetings called by the
3 chairperson.
4 (e) Advisory committee subcommittees.--The chairperson may
5 create, within the committee membership, subcommittees to study
6 and address specific technical and program areas:
7 (1) A wireless subcommittee shall be created as a
8 permanent subcommittee and shall consist of the following
9 persons:
10 (i) The advisory committee chairperson.
11 (ii) Two county commissioners.
12 (iii) Four county 911 program managers.
13 (iv) Four representatives of wireless providers
14 licensed by the Federal Communications Commission.
15 (v) Two landline telephone service provider
16 representatives.
17 (2) Wireless subcommittee roles and responsibilities:
18 (i) To advise the agency regarding the development,
19 implementation, operation and maintenance of a Statewide
20 integrated wireless E-911 system.
21 (ii) To make recommendations to the agency regarding
22 the preparation and periodic revision of a wireless E-911
23 State plan providing for the development, implementation,
24 operation and maintenance of a Statewide integrated
25 wireless E-911 system in accordance with the FCC E-911
26 Order.
27 (iii) To make recommendations to the agency
28 regarding the approval or disapproval of wireless
29 provider service agreements and the formulation of
30 technical standards.
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1 (iv) To make recommendations to the agency regarding
2 the development of guidelines, rules and regulations
3 required to address the administration of the Statewide
4 E-911 wireless plan and the disbursement of moneys from
5 the Wireless E-911 Emergency Services Fund.
6 (v) To make recommendations to the agency regarding
7 the development of the annual report required of the
8 agency by this act, including, but not limited to,
9 recommendations concerning adjustments of the wireless E-
10 911 surcharge.
11 Section 11.4. Wireless E-911 Emergency Services Fund.
12 (a) Establishment of fund.--There is hereby established in
13 the State Treasury a nonlapsing restricted interest-bearing
14 account to be known as the Wireless E-911 Emergency Services
15 Fund. The fund shall consist of the fees collected under
16 subsection (b), funds appropriated by the General Assembly and
17 of funds from any other source, private or public. Moneys in the
18 fund and the interest it accrues shall be appropriated annually <--
19 IS HEREBY APPROPRIATED to the Pennsylvania Emergency Management <--
20 Agency to be disbursed by the agency. The moneys in the fund
21 shall be used only for the following costs:
22 (1) PSAP and wireless provider costs resulting from
23 compliance with the FCC E-911 Order, including development,
24 implementation and testing, operation and maintenance of a
25 Statewide integrated wireless E-911 system. Costs paid from
26 the fund must be eligible recurring or nonrecurring costs, as
27 determined by the agency in accordance with sections 11.2(a)
28 and 11.5, for wireless E-911 service provided in accordance
29 with the FCC E-911 Order or a county plan or amended county
30 plan approved by the agency.
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1 (2) The agency-approved costs of PSAPs specified in
2 section 8(b) that relate directly or indirectly to the
3 provision of wireless E-911 service, to the extent:
4 (i) The costs are not included in the costs paid
5 under section 11.4(a)(1) and the approved E-911 costs
6 provided in section 11.4(a)(1) have been reimbursed; and
7 (ii) the costs do not exceed the percentage of the
8 actual demonstrated ratio of RATIO OF DEMONSTRATED <--
9 wireless calls to demonstrated total emergency call
10 volume times the amount of money in the fund, and
11 further:
12 (A) the amount of the costs that may be
13 reimbursed is limited to 25% of the fund if a
14 majority of wireless providers serving the geographic
15 area covered by the PSAP have been tested and
16 accepted by the PSAP for wireless E-911 Phase I
17 service;
18 (B) the amount of the costs that may be
19 reimbursed is limited to 50% of the fund if all of
20 the wireless providers serving the geographic area
21 covered by the PSAP have been tested and accepted by
22 the PSAP for wireless E-911 Phase I service;
23 (C) the amount of the costs that may be
24 reimbursed is limited to 75% of the fund if a
25 majority of wireless providers serving the geographic
26 area covered by the PSAP have been tested and
27 accepted by the PSAP for wireless E-911 Phase II
28 service; and
29 (D) the amount of the costs that may be
30 reimbursed is limited to 100% of the fund if all of
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1 the wireless providers serving the geographic area
2 covered by the PSAP have been tested and accepted by
3 the PSAP for wireless E-911 Phase II service.
4 In the event that, pursuant to an FCC E-911 waiver, a wireless
5 provider is temporarily relieved of its obligation to provide
6 wireless E-911 Phase II service in the geographic area covered
7 by a requesting PSAP, such wireless carrier shall be disregarded
8 in the determinations to be made pursuant to subparagraphs (iii)
9 and (iv) until such time as the wireless carrier's obligation to
10 provide wireless E-911 Phase II service again becomes effective.
11 (b) Wireless E-911 surcharge.--Each wireless service
12 customer shall pay a fee, to be known as a wireless E-911
13 surcharge, in an amount of $1 per month for each device that
14 provides wireless service for which that customer is billed by a
15 wireless provider for wireless service or receives prepaid
16 wireless telephone service from a wireless provider. Such fee
17 shall be collected apart from, and in addition to, any fee
18 levied by the wireless provider in whole or in part for the
19 provision of 911 services.
20 (1) Wireless providers shall collect the fee on behalf
21 of the agency as part of their billing process and shall have
22 no obligation to take any legal action to enforce the
23 collection of the surcharge. Such action may be brought by or
24 on behalf of the agency. Annually, upon written request of
25 the agency, each wireless provider shall provide a list of
26 the names and addresses of those wireless service customers
27 carrying a balance that have failed to pay the wireless E-911
28 surcharge. The wireless provider shall not be liable for such
29 unpaid amounts.
30 (2) If a wireless provider receives a partial payment
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1 for a monthly bill from a wireless service customer, the
2 wireless provider shall apply the payment against the amount
3 the wireless service customer owes the wireless provider
4 first and shall remit to the State Treasurer such lesser
5 amount, if any, as shall result therefrom.
6 (3) The fees collected under this subsection shall not
7 be subject to taxes or charges levied by the Commonwealth or
8 any political subdivision of this Commonwealth, nor shall
9 such fees be considered revenue of the wireless provider for
10 any purpose.
11 (4) In the case of prepaid wireless telephone service,
12 the monthly wireless 911 surcharge imposed by this section
13 shall be remitted based upon each prepaid wireless account in
14 any manner consistent with the provider's existing operating
15 or technological abilities, such as customer address,
16 location associated with the MTN, or reasonable allocation
17 method based upon other comparable relevant data, and
18 associated with Pennsylvania, for each wireless customer with
19 an active prepaid wireless account and has a sufficient
20 positive balance as of the last day of each month, if such
21 information is available.
22 (c) Remittance of fees.--On a quarterly basis, each wireless
23 provider shall remit the fees collected under subsection (b) to
24 the State Treasurer for deposit into the fund.
25 (d) Reimbursement of wireless provider and PSAP costs.--
26 (1) From every such remittance, the wireless provider
27 shall be entitled to deduct and retain an amount not to
28 exceed 2% of the gross receipts collected as reimbursement
29 for the administrative costs incurred by the wireless
30 provider to bill, collect and remit the surcharge.
20030S0432B0994 - 20 -
1 (2) Wireless providers and PSAPs shall be entitled to
2 payment from the fund, in the manner provided in section
3 11.5(c), for the following costs:
4 (i) Recurring costs approved by the agency pursuant
5 to agency rules associated with the development,
6 implementation, operation and maintenance of wireless E-
7 911 service in the geographic area served by the
8 requesting PSAP; and
9 (ii) Nonrecurring costs approved by the agency
10 pursuant to agency rules associated with the development,
11 implementation, operation and maintenance of wireless E-
12 911 service in the geographic area served by the
13 requesting PSAP.
14 (3) In no event shall any costs be paid that are not
15 related to a wireless provider's or PSAP's compliance with
16 requirements established by the wireless E-911 State plan,
17 the FCC E-911 Order or the wireless E-911 provisions of an
18 agency-approved county plan or amended county plan.
19 (4) Costs incurred by a PSAP or wireless provider for
20 wireless E-911 service prior to the effective date of this
21 section shall be paid by the agency provided that the costs
22 comply with the requirements of this section and section
23 11.5, were incurred after January 1, 1998, and are determined
24 by the agency, after application in accordance with section
25 11.5(c), to be eligible for payment from the fund. Any such
26 costs that the agency determines to be eligible shall be paid
27 as provided in section 11.5.
28 (5) Nothing in this act shall prevent a wireless
29 provider from recovering its costs of implementing and
30 maintaining wireless E-911 service directly from its
20030S0432B0994 - 21 -
1 customers, whether itemized on the customer's bill or by any
2 other lawful method. No wireless provider that levies such a
3 separate fee for provision of E-911 wireless service in the
4 geographic area served by the requesting PSAP may receive a
5 reimbursement for the same costs.
6 (e) Reporting by wireless providers.--With each remittance a
7 wireless provider shall supply the following information to the
8 State Treasurer and to the agency:
9 (1) The total fees collected through the wireless E-911
10 surcharge from its wireless service customers during the
11 reporting period.
12 (2) The total amount retained by it as reimbursement for
13 administrative costs to cover its expenses of billing,
14 collecting and remitting the fees collected from the wireless
15 E-911 surcharge during the reporting period.
16 (3) Until all nonrecurring costs have been recovered by
17 a wireless provider, the total amount it has been reimbursed
18 by the agency for nonrecurring costs associated with the
19 development, implementation, operation and maintenance of
20 wireless E-911 service during the reporting period.
21 (f) Information to be supplied by wireless providers.--All
22 wireless providers shall provide the agency with such
23 information as it shall request in writing in order to discharge
24 its obligations under this section, including, but not limited
25 to, the collection and deposit of the wireless E-911 surcharge
26 and its administration of the fund. Information supplied by
27 wireless providers pursuant to this section shall remain
28 confidential and release of such information shall be governed
29 by section 11.7.
30 (g) Prohibition.--No part of the fund, including any excess
20030S0432B0994 - 22 -
1 amount under section 11.6(a), shall be used for any purpose
2 unless EXPRESSLY authorized by this act. <--
3 (h) Surcharge sunset.--The wireless E-911 surcharge fee
4 established in subsection (b) shall terminate on June 30, 2009,
5 unless extended by an act of the General Assembly.
6 Section 11.5. Disbursement of fund amounts by agency.
7 (a) Expenditures for wireless E-911 systems.--During each
8 fiscal year, the agency may, only in furtherance of the Wireless
9 E-911 State plan, disburse moneys from the Wireless E-911
10 Emergency Services Fund to PSAPs with agency-approved county
11 plans or amended county plans and wireless providers for the
12 following purposes:
13 (1) To pay the costs of PSAPs and wireless providers
14 provided for in section 11.4(a)(1) and (d)(2) and the costs
15 of PSAPs provided for in section 11.4(a)(2).
16 (2) To train emergency service personnel regarding
17 receipt and use of wireless E-911 service information.
18 (3) To educate consumers regarding the operations,
19 limitations, role and responsible use of wireless E-911
20 service.
21 (b) Limitations on use of fund amounts by PSAPs.--No PSAP
22 shall receive a disbursement from the fund for any cost
23 necessary to house the wireless E-911 system or for the purchase
24 of real estate, cosmetic remodeling, ambulances, fire engines or
25 other emergency vehicles, utilities, taxes and other expenses as
26 determined by the agency. No more than 70% of the disbursements
27 which a PSAP receives from the fund during the agency's fiscal
28 year may be utilized to fund personnel training, salary and
29 benefit costs.
30 (c) Manner of payment.--Each PSAP and wireless provider
20030S0432B0994 - 23 -
1 shall submit to the agency each year, not later than 120 days
2 before the first day of the agency's fiscal year, the eligible
3 costs it expects to incur for wireless E-911 service during the
4 next fiscal year of the agency. The submission may include
5 eligible costs that the PSAP or wireless provider has already
6 incurred for wireless E-911 service at the time of the
7 submission. The agency shall review the submission, ensure that
8 the costs are eligible for payment from the fund and notify the
9 submitting PSAP or wireless provider, not later than 30 days
10 before the first day of the agency's fiscal year, of the
11 eligible costs. The agency shall pay to each PSAP and wireless
12 provider, from the fund, the amount of the submitted costs the
13 agency determined to be eligible, whether or not the costs have
14 been incurred at or before the time of payment, and whether or
15 not the costs, if already incurred, were incurred prior to the
16 effective date of this section. Payment shall be made in four
17 equal payments on the first day DURING THE FIRST MONTH of each <--
18 quarter of the agency's fiscal year, as follows:
19 (1) The agency shall first pay the costs approved for
20 each PSAP that are payable in the quarter.
21 (2) Following the payment of approved costs to a PSAP
22 for Phase I deployment of wireless E-911 service, as set
23 forth in the FCC E-911 Order, but only after the PSAP has
24 issued its request to wireless providers to furnish Phase I
25 wireless E-911 service pursuant to the FCC E-911 Order, the
26 agency shall pay the approved costs of wireless providers
27 that are payable in the quarter to provide the requested
28 wireless E-911 service to that PSAP.
29 (3) Following the payment of approved costs to a PSAP
30 for Phase II deployment of wireless E-911 service, as set
20030S0432B0994 - 24 -
1 forth in the FCC E-911 Order, but only after the PSAP has
2 issued its request to wireless providers to furnish Phase II
3 wireless E-911 service pursuant to the FCC E-911 Order, the
4 agency shall pay the approved costs of wireless providers
5 that are payable in the quarter to provide the requested
6 wireless E-911 service to that PSAP.
7 (4) In any quarter of the agency's fiscal year, all
8 costs specified in section 11.4(a)(1) that are approved by
9 the agency for payment to PSAPs or wireless providers shall
10 be paid before any other costs payable pursuant to this
11 chapter are paid to any PSAP or wireless provider. In the
12 first quarter of the agency's fiscal year, the agency shall
13 determine whether payments to PSAPs and wireless providers
14 during the preceding fiscal year exceeded or were less than
15 the eligible costs incurred by each PSAP and wireless
16 provider submitting costs during the fiscal year. Each PSAP
17 and wireless provider shall provide verification of such
18 costs as required by the agency. Any overpayment shall be
19 refunded to the agency or, with the agency's approval, may be
20 used to pay agency-approved costs the PSAP or wireless
21 provider submitted for the current fiscal year of the agency.
22 The amount of any underpayment will be paid to the PSAP or
23 wireless provider in accordance with this subsection and
24 subsection (d) within the current fiscal year. The agency
25 shall reconsider a determination of eligible costs pursuant
26 to this subsection upon request by a submitting PSAP or
27 wireless provider, and shall provide a procedure for such
28 reconsideration.
29 (d) Pro rata sharing of fund amounts.--
30 (1) If the total amount of money in the fund in any
20030S0432B0994 - 25 -
1 quarter is insufficient to pay for both agency-approved PSAP
2 costs and agency-approved wireless provider costs which are
3 payable in the quarter, under subsection (c), for both Phase
4 I deployment and Phase II deployment of wireless E-911
5 service, as set forth in the FCC E-911 Order, then payments
6 from the fund for that quarter shall be made as follows:
7 (i) The agency-approved Phase I deployment costs of
8 a PSAP and those wireless providers to which the PSAP has
9 issued its request for Phase I wireless E-911 service
10 shall be paid before any agency-approved costs for Phase
11 II deployment are paid.
12 (ii) If, notwithstanding subparagraph (i), the total
13 amount of moneys in the fund in the quarter is
14 insufficient to pay all Phase I deployment costs of both
15 PSAPs and wireless providers which are payable in the
16 quarter, then each requesting PSAP and each requesting
17 wireless provider shall receive, for payment of Phase I
18 deployment costs, a pro rata share of the total amount of
19 moneys in the fund in the quarter.
20 (iii) If the total amount of moneys in the fund in
21 the quarter is insufficient to pay all agency-approved
22 Phase II deployment costs of both PSAPs and wireless
23 providers which are payable in the quarter, then each
24 requesting PSAP and each requesting wireless provider
25 shall receive, for payment of Phase II deployment costs,
26 a pro rata share of the total moneys in the fund which
27 are available in the quarter for payment of Phase II
28 deployment costs.
29 (2) For any PSAP or wireless provider, pro rata shares
30 shall be computed based upon the total dollar amount of money
20030S0432B0994 - 26 -
1 available in the fund for payment of Phase I or Phase II
2 deployment costs, whichever is applicable, multiplied by the
3 ratio of:
4 (i) the total dollar amount of agency-approved but
5 unpaid costs of that PSAP or wireless provider for Phase
6 I or Phase II deployment, whichever is applicable; to
7 (ii) the total dollar amount of all agency-approved
8 but unpaid costs.
9 (3) Any remaining unpaid agency-approved PSAP costs or
10 wireless provider costs shall be carried forward for payment
11 during the next fiscal quarter. Such carryforward process
12 shall continue each fiscal quarter until all agency-approved
13 PSAP costs and wireless provider costs have been paid. Pro
14 rata and other payments under this subsection, including, but
15 not limited to, payments of costs which are carried forward
16 for payment in subsequent fiscal quarters, shall also be
17 subject to all provisions and requirements of subsection (c),
18 except for subsection (c)(1).
19 (e) Triennial financial audit.--The agency shall require a
20 triennial financial audit of each PSAP's use of the
21 disbursements it has received from the fund and of a wireless
22 provider's collection, deduction, retention, remittance and use
23 of the amounts collected by the wireless provider under the
24 wireless E-911 surcharge or the disbursements it received from
25 the fund. These triennial financial audits shall be consistent
26 with guidelines established by the agency and the cost of each
27 audit shall be paid from the fund.
28 Section 11.6. Reporting.
29 (a) Annual report by agency.--Not later than March 1 of each
30 year, the agency, after consideration of the recommendations of
20030S0432B0994 - 27 -
1 the advisory board COMMITTEE, shall submit an annual report, <--
2 which may be combined with that required by section 3(a)(5), to
3 the Governor and the General Assembly. Subject to the provisions
4 of section 11.7(b), the report shall include at least the
5 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 (8) ANY ADVANCES IN A WIRELESS PROVIDER'S SYSTEM <--
30 TECHNOLOGY OR EXPANSION OF ITS CUSTOMER SERVICE AREA WHICH
20030S0432B0994 - 28 -
1 FURTHER THE GOAL OF PROVIDING ACCESS TO A WIRELESS E-911
2 SYSTEM REGARDLESS OF THE CUSTOMER'S GEOGRAPHIC LOCATION ON
3 ANY INTERSTATE HIGHWAY IN THIS COMMONWEALTH.
4 (b) Study of wireless E-911 emergency services
5 implementation and operation.--The agency, after consideration
6 of the recommendations of the advisory committee, shall report
7 to the Governor and the General Assembly no less than
8 triennially its recommendations concerning wireless E-911
9 implementation and operation, including, but not limited to,
10 necessary or required actions which must be undertaken in
11 response to the Federal Communication Commission's directive in
12 the FCC E-911 Order. The report shall recommend measures to be
13 taken by the General Assembly.
14 Section 11.7. Public disclosure and confidentiality of
15 information.
16 (a) Annual report of the agency.--The annual report of the
17 agency shall be a public document.
18 (b) Prohibition against release of information.--Neither the
19 State Treasurer, the agency, nor any employee, agent or
20 representative of a PSAP or public agency shall divulge any
21 information acquired by it or him with respect to any wireless <--
22 provider, its customers, revenues or expenses, trade secrets,
23 commercial information and such other proprietary information
24 while acting or claiming to act as such employee, agent or
25 representative, and all such information is hereby required to
26 be kept confidential, except that aggregations of information
27 which do not identify or effectively identify numbers of
28 customers, revenues or expenses, trade secrets, commercial
29 information and such other proprietary information attributable
30 to any individual wireless provider may be made public.
20030S0432B0994 - 29 -
1 Section 11.8. Wireless provider records.
2 (a) Access.--Upon request from and pursuant to agreement
3 with a PSAP, each wireless provider shall provide E-911 Service
4 data base information as permitted under the law to the
5 requesting PSAP. Such information shall remain the property of
6 the disclosing wireless provider and, except as otherwise
7 provided by applicable Federal or State law, shall be used by
8 the PSAP only in connection with providing emergency response
9 services to a call to a 911 system or to a wireless E-911
10 system.
11 (b) Violations.--A person commits a misdemeanor of the third
12 degree who:
13 (1) Uses or discloses wireless E-911 service data base
14 information for purposes other than handling a call to a 911
15 system or to a wireless E-911 system without the consent of
16 the wireless service customer, or as otherwise provided by
17 applicable Federal or State law.
18 (2) Knowingly uses the telephone number of a 911 system
19 or wireless E-911 system to avoid any charges for the
20 services of a local exchange carrier, competitive local
21 exchange carrier, interexchange carrier or wireless provider.
22 (c) Privacy waived.--The provisions of 66 Pa.C.S. § 2906
23 (relating to dissemination of telephone numbers and other
24 identifying information) shall have no application to wireless
25 providers to the extent they are engaged in providing wireless
26 E-911 service or related services.
27 Section 11.9. Immunity.
28 (a) Generally.--No wireless provider or its officers,
29 directors, employees, agents or vendors shall be liable to any
30 person for criminal penalties or civil damages resulting from, <--
20030S0432B0994 - 30 -
1 or caused by, such wireless provider's, its officers',
2 directors', employees', agents' or suppliers' participation in
3 or acts, failure or omissions in connection with that
4 participation in the development, design, installation,
5 operation, maintenance, performance or provision of wireless E-
6 911 service, except for willful or wanton misconduct.
7 (b) Parity of liability.--A wireless provider shall have the
8 same immunity from liability for transmission errors or
9 failures, network outages or other technical problems that arise
10 in the course of handling emergency calls or providing emergency
11 services (including wireless E-911 service) as a local exchange
12 carrier enjoys in the course of handling such calls or providing
13 such services.
14 (c) Release of information.--No wireless provider or its
15 employees or agents shall be liable to any person for releasing
16 wireless service customer information to the agency or to any
17 911 system or wireless E-911 system, public agency or PSAP as
18 required by this act.
19 Section 11.10. Agency funding for wireless E-911 support.
20 The agency is authorized to retain up to one-half of one
21 percent of the annual wireless E-911 surcharge proceeds to pay
22 for agency expenses directly related to administering the
23 wireless E-911 provisions of this act. This will include, but
24 will not be limited to, personnel, travel, administrative, <--
25 FINANCIAL AUDITING and printing costs.
26 Section 11.11. Rate regulation.
27 Nothing in this act shall be construed to constitute the
28 regulation of the rates charged by wireless providers for any
29 service or feature which they provide to their wireless service
30 customers, or to prohibit a wireless provider from charging a
20030S0432B0994 - 31 -
1 wireless service customer for any service or feature provided to
2 such customer.
3 Section 11.12. Rules and regulations.
4 The agency COUNCIL shall have the power and authority to <--
5 issue guidelines and to promulgate, adopt, publish, use and
6 enforce rules and regulations for the implementation of this act
7 and shall within one year of the effective date of this act,
8 after consideration of the recommendations of the advisory board <--
9 COMMITTEE, promulgate such guidelines and rules and regulations <--
10 as may be necessary to implement this act. Guidelines and rules
11 and regulations proposed under the authority of this section
12 shall be subject to review by the General Counsel and the
13 Attorney General in the manner provided for the review of
14 proposed rules and regulations pursuant to the act of October
15 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys
16 Act, and the act of June 25, 1982 (P.L.633, No.181), known as
17 the Regulatory Review Act.
18 Section 11.13. Enforcement of provisions of act.
19 In addition to any powers expressly enumerated in this act,
20 the agency shall have full power and authority, and it shall be
21 its duty to enforce, execute and carry out, by its rules and
22 regulations, or otherwise, all and singular, the provisions of
23 this act, and the agency may institute injunction, mandamus or
24 other appropriate legal proceedings to enforce the provisions of
25 this act and regulations promulgated under it.
26 Section 7. If any provision of this act or the application
27 thereof to any person or circumstances is held invalid, such
28 invalidity shall not affect other provisions or applications of
29 the act which can be given effect without the invalid provision
30 or application, and to this end the provisions of this act are
20030S0432B0994 - 32 -
1 declared to be severable.
2 Section 8. This act shall take effect as follows:
3 (1) The wireless E-911 subscriber surcharge provided in
4 section 11.4 of the act shall take effect upon the first WITH <--
5 THE FIRST MONTHLY billing cycle of a wireless provider
6 occurring 90 days after the effective date of this act.
7 (2) The remainder of this act shall take effect in 90
8 days.
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