HOUSE AMENDED
PRIOR PRINTER'S NOS. 453, 852, 952, 994 PRINTER'S NO. 1901
No. 432 Session of 2003
INTRODUCED BY CONTI, ERICKSON, KUKOVICH, MOWERY, MUSTO,
D. WHITE, WONDERLING AND THOMPSON, MARCH 10, 2003
AS RE-REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,
NOVEMBER 8, 2004
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. THE WIRELESS E-911 <--
14 EMERGENCY SERVICES FUND.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 2 of the act of July 9, 1990 (P.L.340, <--
18 No.78), known as the Public Safety Emergency Telephone Act,
19 amended February 12, 1998 (P.L.64, No.17), is amended to read:
20 Section 2. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "911 emergency communication system" or "911 system." A
3 system, including enhanced 911 service but excluding a wireless
4 E-911 system, which permits a person dialing 911 by telephone to
5 be connected to a public safety answering point, via normal
6 telephone facilities, for the reporting of police, fire, medical
7 or other emergency situations.
8 "Active prepaid wireless account." A prepaid wireless
9 account that has been used by the customer during the month to
10 complete a telephone call for which the customer's card or
11 account was reduced.
12 "Advisory committee." The wireless E-911 Emergency Services
13 Advisory Committee established in section 11.3.
14 "Agency." The Pennsylvania Emergency Management Agency.
15 "Associated with Pennsylvania."
16 (1) in the case of the mobile telephone number (MTN) the
17 geographical location associated with the first six digits,
18 or NPA/NXX, of the MTN; or
19 (2) in the case of a customer service address the
20 physical location of the address.
21 "Automatic location information" or "ALI." The delivery or
22 receipt of the street address of the telephone, or the
23 geographic location of the wireless device, as specified in the
24 FCC E-911 Order, being used to place a call to a 911 system or
25 to a wireless E-911 system.
26 "Automatic number identification" or "ANI." The delivery or
27 receipt of the telephone number assigned to the telephone or
28 wireless device being used to place a call to a 911 system or to
29 a wireless E-911 system.
30 "Commission." The Pennsylvania Public Utility Commission.
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1 "Competitive local exchange carrier." A local exchange
2 carrier that has been certificated as a competitive local
3 exchange carrier by the Pennsylvania Public Utility Commission.
4 "Contribution rate." A fee assessed against a telephone
5 subscriber for the nonrecurring costs, maintenance and operating
6 costs of a 911 system. Counties of the first through second
7 class A may impose a monthly contribution rate in an amount not
8 to exceed $1 per line on each local exchange access line.
9 Counties of the third through fifth class may impose monthly
10 contribution rates in an amount not to exceed $1.25 per line on
11 each local exchange access line. Counties of the sixth through
12 eighth class may impose a monthly contribution rate in an amount
13 not to exceed $1.50 per line on each local exchange access line.
14 The contribution rate may be used by counties for the expenses
15 of implementing, expanding or upgrading a 911 system. Expenses
16 eligible for reimbursement through the contribution rate shall
17 include telephone terminal equipment, trunk line service
18 installation, network changes, building of initial data base and
19 any other nonrecurring costs to establish a 911 system. The
20 contribution rate may also be used to fund recurring costs
21 pursuant to section 8(b). Expenses not eligible for
22 reimbursement through the contribution rate shall include
23 purchase of real estate, cosmetic remodeling, central office
24 upgrades, hiring of dispatchers, ambulances, fire engines or
25 other emergency vehicles, utilities, taxes and other expenses as
26 determined by the Pennsylvania Emergency Management Agency.
27 "Council." The Pennsylvania Emergency Management Council.
28 "County." The term shall include a city of the first class
29 coterminous with a county.
30 "County plan." A document submitted by the county on a
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1 triennial basis to the Pennsylvania Emergency Management Agency,
2 outlining its proposed [or existing 911 system] and existing
3 wireline and wireless 911 and enhanced 911 systems and
4 procedures, including a contribution rate, for the forthcoming
5 three years.
6 "Enhanced 911 service" or "E-911." Emergency telephone
7 service providing for automatic identification of caller
8 location and calling number.
9 "FCC E-911 Order." All orders issued by the Federal
10 Communications Commission pursuant to the proceeding set forth
11 in 47 CFR 20.18 (relating to 911 Service), any successor
12 proceeding, and any other FCC order that affects the provision
13 of wireless E-911 service to wireless service customers.
14 "Fund." The Wireless E-911 Emergency Services Fund
15 established in section 11.4.
16 "Interexchange carrier." A person that is authorized by the
17 Pennsylvania Public Utility Commission to provide long-distance
18 telecommunications service.
19 "Local exchange carrier." A person, including a competitive
20 local exchange carrier, that is authorized by the Pennsylvania
21 Public Utility Commission to provide local exchange
22 telecommunications service or exchange access.
23 "Local exchange telephone service." The provision of
24 telephonic message transmission within an exchange, as such is
25 defined and described in tariffs filed with and approved by the
26 commission.
27 "Mobile telephone number" or "MTN." The telephone number
28 assigned to a wireless telephone at the time of initial
29 activation.
30 "NPA-NXX." The first six digits of a ten-digit telephone
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1 number, including a mobile telephone number, representing the
2 area code and exchange of the telephone number.
3 "Person." The term includes a corporation, a partnership, an
4 association, the Federal Government, the State government, a
5 political subdivision, a municipal or other local authority, as
6 well as a natural person.
7 "Prepaid wireless telephone service." A wireless telephone
8 service which is activated in advance by payment of a finite
9 dollar amount or for a finite set of minutes and which, unless
10 an additional finite dollar amount or finite set of minutes is
11 paid in advance, terminates either upon use by a customer and
12 delivery by the wireless carrier of an agreed-upon amount of
13 service corresponding to the total dollar amount paid in advance
14 or within a certain period of time following initial purchase or
15 activation.
16 "Public agency." The Commonwealth or a political
17 subdivision, public authority, municipal authority or any
18 organization located in whole or in part within this
19 Commonwealth which provides or has the authority to provide
20 firefighting, law enforcement, ambulance, emergency medical or
21 other emergency services.
22 "Public safety answering point" or "PSAP." The agency-
23 approved first point at which calls for emergency assistance
24 from individuals are answered, operated 24 hours a day.
25 "Sufficient positive balance." A dollar amount greater than
26 or equal to the monthly wireless surcharge amount.
27 "Telephone subscriber." A person who contracts with a
28 [telephone company] local exchange carrier within this
29 Commonwealth for local exchange telephone service, either
30 residential or commercial. When the same person has several
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1 telephone dial tone access lines, each dial tone access line
2 shall constitute a separate subscription. For purposes of the
3 contribution rate, the term shall not include pay stations owned
4 or operated by a regulated public utility.
5 "Vendor." A person other than a local exchange carrier or a
6 wireless provider who supplies 911 or wireless E-911 system
7 services or equipment.
8 "Wireless E-911 service." Service provided by a wireless
9 provider, pursuant to the FCC E-911 Order.
10 "Wireless E-911 State plan." A document to be prepared,
11 maintained and kept current by the Pennsylvania Emergency
12 Management Agency providing for all aspects of the development,
13 implementation, operation and maintenance of a Statewide
14 integrated wireless E-911 system, including the exclusive
15 authority to formulate technical standards and determine
16 permitted uses of and amounts disbursed from the Wireless E-911
17 Emergency Services Fund established by section 11.4(a).
18 "Wireless E-911 surcharge." A monthly fee assessed upon each
19 wireless service customer for each wireless two-way
20 communication device for which that customer is charged by a
21 wireless provider for wireless service.
22 "Wireless E-911 system." An E-911 system which permits
23 wireless service customers dialing 911 to be connected to a
24 public safety answering point for the reporting of police, fire,
25 medical or other emergency situations.
26 "Wireless provider." A person engaged in the business of
27 providing wireless service to end-use customers in this
28 Commonwealth, including resellers.
29 "Wireless service." Commercial mobile radio service as
30 defined under section 332(d) of the Communications Act of 1934
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1 (47 U.S.C. § 332(d)), and which provides real-time, two-way
2 voice service that is interconnected with the public switched
3 telephone network.
4 "Wireless service customer." A person who is billed by a
5 wireless provider or who receives prepaid wireless telephone
6 service from a wireless provider for wireless service within
7 this Commonwealth.
8 Section 2. Section 3 of the act is amended by adding a
9 subsection to read:
10 Section 3. Telecommunications management.
11 * * *
12 (d) Exemption.--The Pennsylvania State Police
13 telecommunications facilities are exempt from the
14 telecommunications management of the agency, council and the
15 commission.
16 Section 3. Section 4(a) of the act is amended by adding a
17 paragraph to read:
18 Section 4. Counties.
19 (a) Powers and duties.--The board of county commissioners,
20 or, in a home rule county, the appropriate body according to the
21 home rule charter, shall have the following powers and duties in
22 relation to a 911 system and wireless E-911 system:
23 * * *
24 (8) To cooperate with the Pennsylvania State Police.
25 Subject to subparagraphs (i) through (iii), a county that
26 utilizes ANI/ALI data base services, shall, upon request of
27 the Commissioner of the Pennsylvania State Police or the
28 designee of the commissioner, provide authority to access all
29 ANI/ALI data base information relating to 911 calls for
30 emergency services, whether the data base is held by the
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1 county or by a commercial entity.
2 (i) In order to ensure that no county or PSAP
3 experiences degradation of service or additional costs as
4 a result of complying with this subsection:
5 (A) the Pennsylvania State Police shall provide,
6 at its cost, any equipment, computer software or
7 telecommunications equipment or services, exclusive
8 of recurring personnel costs for county personnel,
9 that are necessary to enable its access to any
10 ANI/ALI data base information; and
11 (B) all such means of access must be approved by
12 the county, PSAP and the Pennsylvania State Police
13 before the county is required to authorize or provide
14 the access. In the event of a dispute between the
15 Pennsylvania State Police and a county or PSAP
16 regarding approval by the county and PSAP, the
17 dispute shall be mediated by the Office of
18 Information Technology of the Commonwealth's Office
19 of Administration. The Office of Information
20 Technology may bring in a Commonwealth mediator from
21 the Office of General Counsel to provide assistance
22 in resolving the dispute.
23 (ii) The ANI/ALI data base information to which
24 access is authorized or enabled under this paragraph or
25 section 4.1(a)(3) shall be used only in providing
26 emergency response services to a 911 call. A person who
27 uses or discloses such ANI/ALI data base information for
28 any other purpose commits a misdemeanor of the third
29 degree.
30 (iii) Nothing contained in this paragraph shall be
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1 construed to impose on wireless providers any obligations
2 beyond those created by applicable Federal Communications
3 Commission orders and regulations. Public agencies,
4 counties, PSAPs and wireless providers shall not be
5 liable to any person for errors in any of the ANI/ALI
6 data base information which may be accessed by or
7 provided to the Pennsylvania State Police under this
8 paragraph.
9 * * *
10 Section 4. The act is amended by adding a section to read:
11 Section 4.1. Pennsylvania State Police.
12 (a) Powers and duties.--The Commissioner of the Pennsylvania
13 State Police, or the designee of the commissioner, shall have
14 the following powers and duties in relation to a Pennsylvania
15 State Police telecommunications facility:
16 (1) To designate, with specificity, which Pennsylvania
17 State Police facilities shall be considered Pennsylvania
18 State Police telecommunications facilities under this act.
19 (2) To designate a commander of a Pennsylvania State
20 Police telecommunications facility who shall serve as the
21 point of contact with the agency and the counties and shall
22 oversee the implementation, operation and maintenance of a
23 Pennsylvania State Police telecommunications facility. A
24 Pennsylvania State Police facility shall, where
25 technologically feasible, be adequate to provide service to
26 the designated area of coverage.
27 (3) To request authority to access ANI/ALI data base
28 information relating to 911 calls for emergency services,
29 from the counties and PSAPs within the designated area of
30 coverage of a Pennsylvania State Police telecommunications
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1 facility; provided, that no county or PSAP shall be required
2 to comply with such a request unless it is made by the
3 Commissioner of the Pennsylvania State Police or the designee
4 of the commissioner pursuant to section 4(a)(8); and provided
5 further that section 4(a)(8) shall apply to any such request.
6 (4) To provide training and certification for all call-
7 takers/dispatchers and call-taker/dispatcher supervisors that
8 meets or exceeds the training and certification standards
9 that are provided for in 4 Pa. Code Ch. 120c (relating to
10 training and certification standards for 911 emergency
11 communications personnel) or any successor standard.
12 (b) Ineligible reimbursement.--The Pennsylvania State Police
13 are not eligible to receive any reimbursement from the moneys
14 collected from the contribution rate or wireless E-911
15 surcharge, nor may the Pennsylvania State Police impose a
16 monthly contribution rate upon the telephone subscribers on the
17 local exchange access line or any wireless E-911-related
18 surcharge upon wireless service customers.
19 Section 5. Sections 9 and 11.1 of the act, amended or added
20 February 12, 1998 (P.L.64, No.17), are amended to read:
21 Section 9. Telephone records.
22 (a) Access.--Each telephone service supplier shall provide
23 customer telephone numbers, names and service addresses [to 911
24 systems] or, in the case of a wireless provider, the telephone
25 number and the geographical location of the wireless device, as
26 specified in the FCC E-911 Order, to PSAPs when [required]
27 requested by them for use in providing emergency response
28 services to 911 calls. Although customer telephone numbers,
29 names and service addresses and geographical locations of
30 wireless devices shall be available to [911 systems] PSAPs and
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1 may be used by them in providing emergency response services to
2 911 calls, such information shall remain the property of the
3 disclosing service supplier. The total cost of the 911 system or
4 wireless E-911 system shall include expenses to reimburse
5 telephone service suppliers for providing and maintaining 911
6 information; provided, however, that nothing in this section
7 shall permit a telephone service supplier to be reimbursed
8 directly from the fund for providing and maintaining 911
9 information. This information shall be used only in providing
10 emergency response services to a 911 call, except as provided in
11 subsection (c). A person who uses or discloses ANI/ALI data base
12 information for purposes other than [handling] providing
13 emergency response services to a 911 call or other than as
14 provided in subsection (c) commits a misdemeanor of the third
15 degree.
16 (b) Privacy waived.--Private listing service customers in a
17 911 service district shall waive the privacy afforded by
18 nonlisted and nonpublished numbers when using the 911 emergency
19 service.
20 (c) Immunity.--No telephone company, wireless
21 [communications company] provider or vendor or agent, employee
22 or director of a telephone company, wireless [communications
23 company] provider or vendor shall be liable to any person who
24 directly or indirectly uses the 911 emergency service
25 established under this act or provides information to 911
26 systems or wireless E-911 systems:
27 (1) for release to a public agency or a public safety
28 answering point of information specified in this section that
29 is not already part of the public records, including
30 nonpublished telephone numbers; [or]
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1 (2) for release to the commission, the Federal
2 Communications Commission or any other Federal or
3 Commonwealth agency with the authority to regulate the
4 provision of telecommunications services, of telephone
5 company information specified in this section that is not
6 already part of public records, including where applicable
7 information regarding numbers of lines served by an
8 individual company but excluding nonpublic information
9 regarding the company's individual customer names, addresses
10 and telephone numbers; or
11 [(2)] (3) for interruptions, omissions, defects, errors,
12 mistakes or delays in transmission occurring in the course of
13 rendering 911 emergency service or wireless E-911 service
14 under this act, unless such interruptions, omissions,
15 defects, errors, mistakes or delays are caused by the willful
16 or wanton misconduct of the telephone company, wireless
17 communications company or vendor, their agents, employees or
18 directors: Provided, however, That nothing herein shall
19 preclude the application of any commission tariff or
20 regulation within its jurisdiction pertaining to allowances
21 for telephone service interruptions.
22 Section 11.1. Immunity.
23 All 911 systems and wireless E-911 systems run by county and
24 local governments shall be local agencies who shall enjoy local
25 governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch.
26 C (relating to actions against local parties).
27 Section 6. The act is amended by adding sections to read:
28 Section 11.2. Powers and duties of agency.
29 (a) Administration.--The agency shall have the following
30 powers and duties in relation to a wireless E-911 system:
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1 (1) To designate at least one employee of the agency who
2 shall serve as a point of contact at the agency for all
3 matters involving wireless E-911 systems in this
4 Commonwealth.
5 (2) To oversee the development, implementation,
6 operation and maintenance of a Statewide integrated wireless
7 E-911 system, formulate technical standards and determine
8 permitted uses of and amounts disbursed from the Wireless E-
9 911 Emergency Services Fund established in section 11.4(a),
10 including the costs of PSAPs and wireless providers that are
11 eligible for payment from the fund; and
12 (3) to approve each county's county plan, or amendment
13 to its agency-approved county plan, incorporating wireless E-
14 911 service capabilities as may be submitted by the county to
15 the agency.
16 (b) Wireless E-911 State plan.--The agency shall prepare,
17 maintain and keep current, after adequate public notice and
18 opportunity to comment and after consideration of the
19 recommendations of the wireless subcommittee of the advisory
20 committee, a wireless E-911 State plan providing for all aspects
21 of the development, implementation, operation and maintenance of
22 a Statewide integrated wireless E-911 system in accordance with
23 the FCC E-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 licensed on the effective date
3 of this section and provides wireless service, and at the
4 time new service is initiated, each county in which it is
5 licensed and initiates wireless service; and to notify
6 counties of wireless service within each county, specifically
7 noting wireless service to more than one county. In the event
8 of disputes among PSAPs regarding the PSAP to which a
9 wireless provider routes 911 calls, the routing shall be
10 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 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 fire services,
13 emergency medical services and police.
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 is hereby appropriated to the
18 Pennsylvania Emergency Management Agency to be disbursed by the
19 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 ratio of demonstrated 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
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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) Wireless providers and PSAPs shall be entitled to
30 payment from the fund, in the manner provided in section
20030S0432B1901 - 20 -
1 11.5(c), for the following costs:
2 (i) Recurring costs approved by the agency pursuant
3 to agency rules associated with the development,
4 implementation, operation and maintenance of wireless E-
5 911 service in the geographic area served by the
6 requesting PSAP; and
7 (ii) Nonrecurring costs approved by the agency
8 pursuant to agency rules associated with the development,
9 implementation, operation and maintenance of wireless E-
10 911 service in the geographic area served by the
11 requesting PSAP.
12 (3) In no event shall any costs be paid that are not
13 related to a wireless provider's or PSAP's compliance with
14 requirements established by the wireless E-911 State plan,
15 the FCC E-911 Order or the wireless E-911 provisions of an
16 agency-approved county plan or amended county plan.
17 (4) Costs incurred by a PSAP or wireless provider for
18 wireless E-911 service prior to the effective date of this
19 section shall be paid by the agency provided that the costs
20 comply with the requirements of this section and section
21 11.5, were incurred after January 1, 1998, and are determined
22 by the agency, after application in accordance with section
23 11.5(c), to be eligible for payment from the fund. Any such
24 costs that the agency determines to be eligible shall be paid
25 as provided in section 11.5.
26 (5) Nothing in this act shall prevent a wireless
27 provider from recovering its costs of implementing and
28 maintaining wireless E-911 service directly from its
29 customers, whether itemized on the customer's bill or by any
30 other lawful method. No wireless provider that levies such a
20030S0432B1901 - 21 -
1 separate fee for provision of E-911 wireless service in the
2 geographic area served by the requesting PSAP may receive a
3 reimbursement for the same costs.
4 (e) Reporting by wireless providers.--With each remittance a
5 wireless provider shall supply the following information to the
6 State Treasurer and to the agency:
7 (1) The total fees collected through the wireless E-911
8 surcharge from its wireless service customers during the
9 reporting period.
10 (2) The total amount retained by it as reimbursement for
11 administrative costs to cover its expenses of billing,
12 collecting and remitting the fees collected from the wireless
13 E-911 surcharge during the reporting period.
14 (3) Until all nonrecurring costs have been recovered by
15 a wireless provider, the total amount it has been reimbursed
16 by the agency for nonrecurring costs associated with the
17 development, implementation, operation and maintenance of
18 wireless E-911 service during the reporting period.
19 (f) Information to be supplied by wireless providers.--All
20 wireless providers shall provide the agency with such
21 information as it shall request in writing in order to discharge
22 its obligations under this section, including, but not limited
23 to, the collection and deposit of the wireless E-911 surcharge
24 and its administration of the fund. Information supplied by
25 wireless providers pursuant to this section shall remain
26 confidential and release of such information shall be governed
27 by section 11.7.
28 (g) Prohibition.--No part of the fund, including any excess
29 amount under section 11.6(a), shall be used for any purpose
30 unless expressly authorized by this act.
20030S0432B1901 - 22 -
1 (h) Surcharge sunset.--The wireless E-911 surcharge fee
2 established in subsection (b) shall terminate on June 30, 2009,
3 unless extended by an act of the General Assembly.
4 Section 11.5. Disbursement of fund amounts by agency.
5 (a) Expenditures for wireless E-911 systems.--During each
6 fiscal year, the agency may, only in furtherance of the Wireless
7 E-911 State plan, disburse moneys from the Wireless E-911
8 Emergency Services Fund to PSAPs with agency-approved county
9 plans or amended county plans and wireless providers for the
10 following purposes:
11 (1) To pay the costs of PSAPs and wireless providers
12 provided for in section 11.4(a)(1) and (d)(2) and the costs
13 of PSAPs provided for in section 11.4(a)(2).
14 (2) To train emergency service personnel regarding
15 receipt and use of wireless E-911 service information.
16 (3) To educate consumers regarding the operations,
17 limitations, role and responsible use of wireless E-911
18 service.
19 (b) Limitations on use of fund amounts by PSAPs.--No PSAP
20 shall receive a disbursement from the fund for any cost
21 necessary to house the wireless E-911 system or for the purchase
22 of real estate, cosmetic remodeling, ambulances, fire engines or
23 other emergency vehicles, utilities, taxes and other expenses as
24 determined by the agency. No more than 70% of the disbursements
25 which a PSAP receives from the fund during the agency's fiscal
26 year may be utilized to fund personnel training, salary and
27 benefit costs.
28 (c) Manner of payment.--Each PSAP and wireless provider
29 shall submit to the agency each year, not later than 120 days
30 before the first day of the agency's fiscal year, the eligible
20030S0432B1901 - 23 -
1 costs it expects to incur for wireless E-911 service during the
2 next fiscal year of the agency. The submission may include
3 eligible costs that the PSAP or wireless provider has already
4 incurred for wireless E-911 service at the time of the
5 submission. The agency shall review the submission, ensure that
6 the costs are eligible for payment from the fund and notify the
7 submitting PSAP or wireless provider, not later than 30 days
8 before the first day of the agency's fiscal year, of the
9 eligible costs. The agency shall pay to each PSAP and wireless
10 provider, from the fund, the amount of the submitted costs the
11 agency determined to be eligible, whether or not the costs have
12 been incurred at or before the time of payment, and whether or
13 not the costs, if already incurred, were incurred prior to the
14 effective date of this section. Payment shall be made in four
15 equal payments during the first month of each quarter of the
16 agency's fiscal year, as follows:
17 (1) The agency shall first pay the costs approved for
18 each PSAP that are payable in the quarter.
19 (2) Following the payment of approved costs to a PSAP
20 for Phase I deployment of wireless E-911 service, as set
21 forth in the FCC E-911 Order, but only after the PSAP has
22 issued its request to wireless providers to furnish Phase I
23 wireless E-911 service pursuant to the FCC E-911 Order, the
24 agency shall pay the approved costs of wireless providers
25 that are payable in the quarter to provide the requested
26 wireless E-911 service to that PSAP.
27 (3) Following the payment of approved costs to a PSAP
28 for Phase II deployment of wireless E-911 service, as set
29 forth in the FCC E-911 Order, but only after the PSAP has
30 issued its request to wireless providers to furnish Phase II
20030S0432B1901 - 24 -
1 wireless E-911 service pursuant to the FCC E-911 Order, the
2 agency shall pay the approved costs of wireless providers
3 that are payable in the quarter to provide the requested
4 wireless E-911 service to that PSAP.
5 (4) In any quarter of the agency's fiscal year, all
6 costs specified in section 11.4(a)(1) that are approved by
7 the agency for payment to PSAPs or wireless providers shall
8 be paid before any other costs payable pursuant to this
9 chapter are paid to any PSAP or wireless provider. In the
10 first quarter of the agency's fiscal year, the agency shall
11 determine whether payments to PSAPs and wireless providers
12 during the preceding fiscal year exceeded or were less than
13 the eligible costs incurred by each PSAP and wireless
14 provider submitting costs during the fiscal year. Each PSAP
15 and wireless provider shall provide verification of such
16 costs as required by the agency. Any overpayment shall be
17 refunded to the agency or, with the agency's approval, may be
18 used to pay agency-approved costs the PSAP or wireless
19 provider submitted for the current fiscal year of the agency.
20 The amount of any underpayment will be paid to the PSAP or
21 wireless provider in accordance with this subsection and
22 subsection (d) within the current fiscal year. The agency
23 shall reconsider a determination of eligible costs pursuant
24 to this subsection upon request by a submitting PSAP or
25 wireless provider, and shall provide a procedure for such
26 reconsideration.
27 (d) Pro rata sharing of fund amounts.--
28 (1) If the total amount of money in the fund in any
29 quarter is insufficient to pay for both agency-approved PSAP
30 costs and agency-approved wireless provider costs which are
20030S0432B1901 - 25 -
1 payable in the quarter, under subsection (c), for both Phase
2 I deployment and Phase II deployment of wireless E-911
3 service, as set forth in the FCC E-911 Order, then payments
4 from the fund for that quarter shall be made as follows:
5 (i) The agency-approved Phase I deployment costs of
6 a PSAP and those wireless providers to which the PSAP has
7 issued its request for Phase I wireless E-911 service
8 shall be paid before any agency-approved costs for Phase
9 II deployment are paid.
10 (ii) If, notwithstanding subparagraph (i), the total
11 amount of moneys in the fund in the quarter is
12 insufficient to pay all Phase I deployment costs of both
13 PSAPs and wireless providers which are payable in the
14 quarter, then each requesting PSAP and each requesting
15 wireless provider shall receive, for payment of Phase I
16 deployment costs, a pro rata share of the total amount of
17 moneys in the fund in the quarter.
18 (iii) If the total amount of moneys in the fund in
19 the quarter is insufficient to pay all agency-approved
20 Phase II deployment costs of both PSAPs and wireless
21 providers which are payable in the quarter, then each
22 requesting PSAP and each requesting wireless provider
23 shall receive, for payment of Phase II deployment costs,
24 a pro rata share of the total moneys in the fund which
25 are available in the quarter for payment of Phase II
26 deployment costs.
27 (2) For any PSAP or wireless provider, pro rata shares
28 shall be computed based upon the total dollar amount of money
29 available in the fund for payment of Phase I or Phase II
30 deployment costs, whichever is applicable, multiplied by the
20030S0432B1901 - 26 -
1 ratio of:
2 (i) the total dollar amount of agency-approved but
3 unpaid costs of that PSAP or wireless provider for Phase
4 I or Phase II deployment, whichever is applicable; to
5 (ii) the total dollar amount of all agency-approved
6 but unpaid costs.
7 (3) Any remaining unpaid agency-approved PSAP costs or
8 wireless provider costs shall be carried forward for payment
9 during the next fiscal quarter. Such carryforward process
10 shall continue each fiscal quarter until all agency-approved
11 PSAP costs and wireless provider costs have been paid. Pro
12 rata and other payments under this subsection, including, but
13 not limited to, payments of costs which are carried forward
14 for payment in subsequent fiscal quarters, shall also be
15 subject to all provisions and requirements of subsection (c),
16 except for subsection (c)(1).
17 (e) Triennial financial audit.--The agency shall require a
18 triennial financial audit of each PSAP's use of the
19 disbursements it has received from the fund and of a wireless
20 provider's collection, deduction, retention, remittance and use
21 of the amounts collected by the wireless provider under the
22 wireless E-911 surcharge or the disbursements it received from
23 the fund. These triennial financial audits shall be consistent
24 with guidelines established by the agency and the cost of each
25 audit shall be paid from the fund.
26 Section 11.6. Reporting.
27 (a) Annual report by agency.--Not later than March 1 of each
28 year, the agency, after consideration of the recommendations of
29 the advisory committee, shall submit an annual report, which may
30 be combined with that required by section 3(a)(5), to the
20030S0432B1901 - 27 -
1 Governor and the General Assembly. Subject to the provisions of
2 section 11.7(b), the report shall include at least the
3 following:
4 (1) The extent to which wireless E-911 systems currently
5 exist in this Commonwealth.
6 (2) Those PSAPs which completed installation of wireless
7 E-911 systems pursuant to the wireless E-911 State plan and
8 the costs and expenses for installation.
9 (3) An itemization by PSAP or wireless provider, project
10 and description and expenditure for each Wireless E-911
11 Emergency Services Fund disbursement made in the fiscal year
12 just concluded. The itemization shall include an explanation
13 of how each project contributed to the fulfillment of the
14 existing wireless E-911 State plan.
15 (4) The planned expenditures for the next fiscal year
16 for installation of wireless E-911 systems pursuant to the
17 wireless E-911 State plan.
18 (5) The total aggregate fees collected from all wireless
19 providers in the fiscal year just concluded based upon the
20 reports of such providers submitted under section 11.4(e) and
21 any other funds received by the fund.
22 (6) The amount of any unexpended funds carried forward
23 in the fund.
24 (7) The amount of any remaining unpaid agency-approved
25 PSAP costs or wireless provider costs being carried forward
26 for payment during the next fiscal quarter.
27 (8) Any advances in a wireless provider's system
28 technology or expansion of its customer service area which
29 further the goal of providing access to a wireless E-911
30 system regardless of the customer's geographic location on
20030S0432B1901 - 28 -
1 any interstate highway in this Commonwealth.
2 (b) Study of wireless E-911 emergency services
3 implementation and operation.--The agency, after consideration
4 of the recommendations of the advisory committee, shall report
5 to the Governor and the General Assembly no less than
6 triennially its recommendations concerning wireless E-911
7 implementation and operation, including, but not limited to,
8 necessary or required actions which must be undertaken in
9 response to the Federal Communication Commission's directive in
10 the FCC E-911 Order. The report shall recommend measures to be
11 taken by the General Assembly.
12 Section 11.7. Public disclosure and confidentiality of
13 information.
14 (a) Annual report of the agency.--The annual report of the
15 agency shall be a public document.
16 (b) Prohibition against release of information.--Neither the
17 State Treasurer, the agency, nor any employee, agent or
18 representative of a PSAP or public agency shall divulge any
19 information acquired with respect to any wireless provider, its
20 customers, revenues or expenses, trade secrets, commercial
21 information and such other proprietary information while acting
22 or claiming to act as such employee, agent or representative,
23 and all such information is hereby required to be kept
24 confidential, except that aggregations of information which do
25 not identify or effectively identify numbers of customers,
26 revenues or expenses, trade secrets, commercial information and
27 such other proprietary information attributable to any
28 individual wireless provider may be made public.
29 Section 11.8. Wireless provider records.
30 (a) Access.--Upon request from and pursuant to agreement
20030S0432B1901 - 29 -
1 with a PSAP, each wireless provider shall provide E-911 Service
2 data base information as permitted under the law to the
3 requesting PSAP. Such information shall remain the property of
4 the disclosing wireless provider and, except as otherwise
5 provided by applicable Federal or State law, shall be used by
6 the PSAP only in connection with providing emergency response
7 services to a call to a 911 system or to a wireless E-911
8 system.
9 (b) Violations.--A person commits a misdemeanor of the third
10 degree who:
11 (1) Uses or discloses wireless E-911 service data base
12 information for purposes other than handling a call to a 911
13 system or to a wireless E-911 system without the consent of
14 the wireless service customer, or as otherwise provided by
15 applicable Federal or State law.
16 (2) Knowingly uses the telephone number of a 911 system
17 or wireless E-911 system to avoid any charges for the
18 services of a local exchange carrier, competitive local
19 exchange carrier, interexchange carrier or wireless provider.
20 (c) Privacy waived.--The provisions of 66 Pa.C.S. § 2906
21 (relating to dissemination of telephone numbers and other
22 identifying information) shall have no application to wireless
23 providers to the extent they are engaged in providing wireless
24 E-911 service or related services.
25 Section 11.9. Immunity.
26 (a) Generally.--No wireless provider or its officers,
27 directors, employees, agents or vendors shall be liable to any
28 person for civil damages resulting from, or caused by, such
29 wireless provider's, its officers', directors', employees',
30 agents' or suppliers' participation in or acts, failure or
20030S0432B1901 - 30 -
1 omissions in connection with that participation in the
2 development, design, installation, operation, maintenance,
3 performance or provision of wireless E-911 service, except for
4 willful or wanton misconduct.
5 (b) Parity of liability.--A wireless provider shall have the
6 same immunity from liability for transmission errors or
7 failures, network outages or other technical problems that arise
8 in the course of handling emergency calls or providing emergency
9 services (including wireless E-911 service) as a local exchange
10 carrier enjoys in the course of handling such calls or providing
11 such services.
12 (c) Release of information.--No wireless provider or its
13 employees or agents shall be liable to any person for releasing
14 wireless service customer information to the agency or to any
15 911 system or wireless E-911 system, public agency or PSAP as
16 required by this act.
17 Section 11.10. Agency funding for wireless E-911 support.
18 The agency is authorized to retain up to one-half of one
19 percent of the annual wireless E-911 surcharge proceeds to pay
20 for agency expenses directly related to administering the
21 wireless E-911 provisions of this act. This will include, but
22 will not be limited to, personnel, travel, administrative,
23 financial auditing and printing costs.
24 Section 11.11. Rate regulation.
25 Nothing in this act shall be construed to constitute the
26 regulation of the rates charged by wireless providers for any
27 service or feature which they provide to their wireless service
28 customers, or to prohibit a wireless provider from charging a
29 wireless service customer for any service or feature provided to
30 such customer.
20030S0432B1901 - 31 -
1 Section 11.12. Rules and regulations.
2 The council shall have the power and authority to issue
3 guidelines and to promulgate, adopt, publish, use and enforce
4 rules and regulations for the implementation of this act and
5 shall within one year of the effective date of this act, after
6 consideration of the recommendations of the advisory committee,
7 promulgate such guidelines and rules and regulations as may be
8 necessary to implement this act. Guidelines and rules and
9 regulations proposed under the authority of this section shall
10 be subject to review by the General Counsel and the Attorney
11 General in the manner provided for the review of proposed rules
12 and regulations pursuant to the act of October 15, 1980
13 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and
14 the act of June 25, 1982 (P.L.633, No.181), known as the
15 Regulatory Review Act.
16 Section 11.13. Enforcement of provisions of act.
17 In addition to any powers expressly enumerated in this act,
18 the agency shall have full power and authority, and it shall be
19 its duty to enforce, execute and carry out, by its rules and
20 regulations, or otherwise, all and singular, the provisions of
21 this act, and the agency may institute injunction, mandamus or
22 other appropriate legal proceedings to enforce the provisions of
23 this act and regulations promulgated under it.
24 Section 7. If any provision of this act or the application
25 thereof to any person or circumstances is held invalid, such
26 invalidity shall not affect other provisions or applications of
27 the act which can be given effect without the invalid provision
28 or application, and to this end the provisions of this act are
29 declared to be severable.
30 Section 8. This act shall take effect as follows:
20030S0432B1901 - 32 -
1 (1) The wireless E-911 subscriber surcharge provided in
2 section 11.4 of the act shall take effect with the first
3 monthly billing cycle of a wireless provider occurring 90
4 days after the effective date of this act.
5 (2) The remainder of this act shall take effect in 90
6 days.
7 SECTION 1. SECTION 11.4(D)(4) OF THE ACT OF JULY 9, 1990 <--
8 (P.L.340, NO.78), KNOWN AS THE PUBLIC SAFETY EMERGENCY TELEPHONE
9 ACT, ADDED DECEMBER 30, 2003 (P.L.384, NO.56), IS AMENDED TO
10 READ:
11 SECTION 11.4. WIRELESS E-911 EMERGENCY SERVICES FUND.
12 * * *
13 (D) REIMBURSEMENT OF WIRELESS PROVIDER AND PSAP COSTS.--
14 * * *
15 (4) COSTS INCURRED BY A PSAP OR WIRELESS PROVIDER FOR
16 WIRELESS E-911 SERVICE [PRIOR TO THE EFFECTIVE DATE OF THIS
17 SECTION] SHALL BE PAID BY THE AGENCY PROVIDED THAT THE COSTS
18 COMPLY WITH THE REQUIREMENTS OF THIS SECTION AND SECTION
19 11.5, WERE INCURRED AFTER JANUARY 1, 1998, AND ARE DETERMINED
20 BY THE AGENCY, AFTER APPLICATION IN ACCORDANCE WITH SECTION
21 11.5(C), TO BE ELIGIBLE FOR PAYMENT FROM THE FUND. ANY SUCH
22 COSTS THAT THE AGENCY DETERMINES TO BE ELIGIBLE SHALL BE PAID
23 AS PROVIDED IN SECTION 11.5.
24 * * *
25 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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