act-2003-0-56•Pennsylvania Act 2003-56 — PUBLIC SAFETY EMERGENCY TELEPHONE ACT - STATEWIDE INTEGRATED WIRELESS E-911 STATE PLAN, WIRELESS E-911 EMERGENCY SERVICES FUND, COLLECTION OF E-911 SURCHARGE FROM WIRELESS CUSTOMERS AND ANNUAL REPORTING, ETC.
Pennsylvania Act 2003-56 — PUBLIC SAFETY EMERGENCY TELEPHONE ACT - STATEWIDE INTEGRATED WIRELESS E-911 STATE PLAN, WIRELESS E-911 EMERGENCY SERVICES FUND, COLLECTION OF E-911 SURCHARGE FROM WIRELESS CUSTOMERS AND ANNUAL REPORTING, ETC.
act-2003-0-562003 Pa. Act 56Law
Act text
PUBLIC SAFETY EMERGENCY TELEPHONE ACT - STATEWIDE INTEGRATED WIRELESS
E-911 STATE PLAN, WIRELESS E-911 EMERGENCY SERVICES FUND, COLLECTION OF
E-911 SURCHARGE FROM WIRELESS CUSTOMERS AND ANNUAL REPORTING, ETC
Act of Dec. 30, 2003, P.L. 384, No. 56 Cl. 35
Session of 2003
No. 2003-56
HB 1018
AN ACT
Amending the act of July 9, 1990 (P.L.340, No.78), entitled "An
act providing for a Statewide emergency telephone number 911
system; providing for contributions from telephone
subscribers; providing a penalty; and making a repeal,"
further providing for definitions, for local government
immunity and for powers and duties of the Pennsylvania
Emergency Management Agency; establishing a Statewide
integrated wireless E-911 State plan; establishing a Wireless
E-911 Emergency Services Fund and disbursements therefrom;
further providing for collection of an E-911 surcharge from
wireless customers and for annual reporting; establishing a
wireless E-911 Emergency Services Advisory Committee; and
providing for rules and regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of July 9, 1990 (P.L.340,
No.78), known as the Public Safety Emergency Telephone Act,
amended February 12, 1998 (P.L.64, No.17), is amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"911 emergency communication system" or "911 system." A
system, including enhanced 911 service but excluding a wireless
E-911 system, which permits a person dialing 911 by telephone to
be connected to a public safety answering point, via normal
telephone facilities, for the reporting of police, fire, medical
or other emergency situations.
"Active prepaid wireless account." A prepaid wireless
account that has been used by the customer during the month to
complete a telephone call for which the customer's card or
account was reduced.
"Advisory committee." The wireless E-911 Emergency Services
Advisory Committee established in section 11.3.
"Agency." The Pennsylvania Emergency Management Agency.
"Associated with Pennsylvania."
(1) In the case of the mobile telephone number (MTN),
the geographical location associated with the first six
digits or NPA/NXX of the MTN; or
(2) in the case of a customer service address, the
physical location of the address.
"Automatic location information" or "ALI." The delivery or
receipt of the street address of the telephone or the geographic
location of the wireless device, as specified in the FCC E-911
Order, being used to place a call to a 911 system or to a
wireless E-911 system.
"Automatic number identification" or "ANI." The delivery or
receipt of the telephone number assigned to the telephone or
wireless device being used to place a call to a 911 system or to
a wireless E-911 system.
"Commission." The Pennsylvania Public Utility Commission.
"Competitive local exchange carrier." A local exchange
carrier that has been certificated as a competitive local
exchange carrier by the Pennsylvania Public Utility Commission.
"Contribution rate." A fee assessed against a telephone
subscriber for the nonrecurring costs, maintenance and operating
costs of a 911 system. Counties of the first through second
class A may impose a monthly contribution rate in an amount not
to exceed $1 per line on each local exchange access line.
Counties of the third through fifth class may impose monthly
contribution rates in an amount not to exceed $1.25 per line on
each local exchange access line. Counties of the sixth through
eighth class may impose a monthly contribution rate in an amount
not to exceed $1.50 per line on each local exchange access line.
The contribution rate may be used by counties for the expenses
of implementing, expanding or upgrading a 911 system. Expenses
eligible for reimbursement through the contribution rate shall
include telephone terminal equipment, trunk line service
installation, network changes, building of initial data base and
any other nonrecurring costs to establish a 911 system. The
contribution rate may also be used to fund recurring costs
pursuant to section 8(b). Expenses not eligible for
reimbursement through the contribution rate shall include
purchase of real estate, cosmetic remodeling, central office
upgrades, hiring of dispatchers, ambulances, fire engines or
other emergency vehicles, utilities, taxes and other expenses as
determined by the Pennsylvania Emergency Management Agency.
"Council." The Pennsylvania Emergency Management Council.
"County." The term shall include a city of the first class
coterminous with a county.
"County plan." A document submitted by the county on a
triennial basis to the Pennsylvania Emergency Management Agency,
outlining its proposed [or existing 911 system] and existing
wireline and wireless 911 and enhanced 911 systems and
procedures, including a contribution rate, for the forthcoming
three years.
"Emergency notification services." Services provided by
authorized agencies of Federal, State, county or local
governments, or by persons authorized by such governments, that
notify the public, using ANI/ALI data base information, of
emergencies declared by such governments.
"Emergency support services." Information or data base
management services provided by authorized agencies of Federal,
State, county or local governments, or by persons authorized by
such governments, that are used in support of PSAPs or emergency
notification services.
"Enhanced 911 service" or "E-911." Emergency telephone
service providing for automatic identification of caller
location and calling number.
"FCC E-911 Order." All orders issued by the Federal
Communications Commission pursuant to the proceeding entitled
"Revision of the Commission's Rules to Ensure Compatibility with
Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102)
codified at 47 CFR 20.18 (relating to 911 Service), any
successor proceeding and any other FCC order that affects the
provision of wireless E-911 service to wireless service
customers.
"Fund." The Wireless E-911 Emergency Services Fund
established in section 11.4.
"Interexchange carrier." A person that is authorized by the
Pennsylvania Public Utility Commission to provide long-distance
telecommunications service.
"Local exchange carrier." A person, including a competitive
local exchange carrier, that is authorized by the Pennsylvania
Public Utility Commission to provide local exchange
telecommunications service or exchange access.
"Local exchange telephone service." The provision of
telephonic message transmission within an exchange, as such is
defined and described in tariffs filed with and approved by the
commission.
"Mobile telephone number" or "MTN." The telephone number
assigned to a wireless telephone at the time of initial
activation.
"NPA-NXX." The first six digits of a ten-digit telephone
number, including a mobile telephone number, representing the
area code and exchange of the telephone number.
"Person." The term includes a corporation, a partnership, an
association, the Federal Government, the State government, a
political subdivision, a municipal or other local authority, as
well as a natural person.
"Prepaid wireless telephone service." A wireless telephone
service which is activated in advance by payment of a finite
dollar amount or for a finite set of minutes and which, unless
an additional finite dollar amount or finite set of minutes is
paid in advance, terminates either upon use by a customer and
delivery by the wireless carrier of an agreed-upon amount of
service corresponding to the total dollar amount paid in advance
or within a certain period of time following initial purchase or
activation.
"Public agency." The Commonwealth or a political
subdivision, public authority, municipal authority or any
organization located in whole or in part within this
Commonwealth which provides or has the authority to provide
firefighting, law enforcement, ambulance, emergency medical or
other emergency services.
"Public safety answering point" or "PSAP." The agency-
approved first point at which calls for emergency assistance
from individuals are answered, operated 24 hours a day.
"Sufficient positive balance." A dollar amount greater than
or equal to the monthly wireless surcharge amount.
"Telephone subscriber." A person who contracts with a
[telephone company] local exchange carrier within this
Commonwealth for local exchange telephone service, either
residential or commercial. When the same person has several
telephone dial tone access lines, each dial tone access line
shall constitute a separate subscription. For purposes of the
contribution rate, the term shall not include pay stations owned
or operated by a regulated public utility, or nonpublic
utilities as the term is used in 66 Pa.C.S. § 2913(b) (relating
to minimum service requirement).
"Vendor." A person other than a local exchange carrier or a
wireless provider who supplies 911 or wireless E-911 system
services or equipment.
"Wireless E-911 service." Service provided by a wireless
provider, pursuant to the FCC E-911 Order.
"Wireless E-911 State plan." A document to be prepared,
maintained and kept current by the Pennsylvania Emergency
Management Agency providing for all aspects of the development,
implementation, operation and maintenance of a Statewide
integrated wireless E-911 system, including the exclusive
authority to formulate technical standards and determine
permitted uses of and amounts disbursed from the Wireless E-911
Emergency Services Fund established by section 11.4(a).
"Wireless E-911 surcharge." A monthly fee assessed upon each
wireless service customer for each wireless two-way
communication device for which that customer is charged by a
wireless provider for wireless service.
"Wireless E-911 system." An E-911 system which permits
wireless service customers dialing 911 to be connected to a
public safety answering point for the reporting of police, fire,
medical or other emergency situations.
"Wireless provider." A person engaged in the business of
providing wireless service to end-use customers in this
Commonwealth, including resellers.
"Wireless service." Commercial mobile radio service as
defined under section 332(d) of the Communications Act of 1934
(47 U.S.C. § 332(d)), and which provides real-time, two-way
voice service that is interconnected with the public switched
telephone network.
"Wireless service customer." A person who is billed by a
wireless provider or who receives prepaid wireless telephone
service from a wireless provider for wireless service within
this Commonwealth.
Section 2. Section 3 of the act is amended by adding a
subsection to read:
Section 3. Telecommunications management.
* * *
(d) Exemption.--The Pennsylvania State Police
telecommunications facilities are exempt from the
telecommunications management of the agency, council and the
commission.
Section 3. Section 4(a) introductory paragraph of the act,
amended February 12, 1998 (P.L.64, No.17), is amended and the
subsection is amended by adding paragraphs to read:
Section 4. Counties.
(a) Powers and duties.--The board of county commissioners,
or, in a home rule county, the appropriate body according to the
home rule charter, shall have the following powers and duties in
relation to a 911 system and wireless E-911 system:
* * *
(8) To cooperate with the Pennsylvania State Police.
Subject to subparagraphs (i) through (iii), a county that
utilizes ANI/ALI data base services shall, upon request of
the Commissioner of the Pennsylvania State Police or the
designee of the commissioner, provide authority to access all
ANI/ALI data base information relating to 911 calls for
emergency services, whether the data base is held by the
county or by a commercial entity.
(i) In order to ensure that no county or PSAP
experiences degradation of service or additional costs as
a result of complying with this subsection:
(A) the Pennsylvania State Police shall provide,
at its cost, any equipment, computer software or
telecommunications equipment or services, exclusive
of recurring personnel costs for county personnel,
that are necessary to enable its access to any
ANI/ALI data base information; and
(B) all such means of access must be approved by
the county, PSAP and the Pennsylvania State Police
before the county is required to authorize or provide
the access. In the event of a dispute between the
Pennsylvania State Police and a county or PSAP
regarding approval by the county and PSAP, the
dispute shall be mediated by the Office of
Information Technology of the Commonwealth's Office
of Administration. The Office of Information
Technology may bring in a Commonwealth mediator from
the Office of General Counsel to provide assistance
in resolving the dispute.
(ii) The ANI/ALI data base information to which
access is authorized or enabled under this paragraph or
section 4.1(a)(3) shall be used only in providing
emergency response services to a 911 call. A person who
uses or discloses such ANI/ALI data base information for
any other purpose commits a misdemeanor of the third
degree.
(iii) Nothing contained in this paragraph shall be
construed to impose on wireless providers any obligations
beyond those created by applicable Federal Communications
Commission orders and regulations. Public agencies,
counties, PSAPs and wireless providers shall not be
liable to any person for errors in any of the ANI/ALI
data base information which may be accessed by or
provided to the Pennsylvania State Police under this
paragraph.
(9) To comply with reporting requirements established by
the agency.
* * *
Section 4. The act is amended by adding a section to read:
Section 4.1. Pennsylvania State Police.
(a) Powers and duties.--The Commissioner of the Pennsylvania
State Police, or the designee of the commissioner, shall have
the following powers and duties in relation to a Pennsylvania
State Police telecommunications facility:
(1) To designate, with specificity, which Pennsylvania
State Police facilities shall be considered Pennsylvania
State Police telecommunications facilities under this act.
(2) To designate a commander of a Pennsylvania State
Police telecommunications facility who shall serve as the
point of contact with the agency and the counties and shall
oversee the implementation, operation and maintenance of a
Pennsylvania State Police telecommunications facility. A
Pennsylvania State Police facility shall, where
technologically feasible, be adequate to provide service to
the designated area of coverage.
(3) To request authority to access ANI/ALI data base
information relating to 911 calls for emergency services from
the counties and PSAPs within the designated area of coverage
of a Pennsylvania State Police telecommunications facility;
provided, that no county or PSAP shall be required to comply
with such a request unless it is made by the Commissioner of
the Pennsylvania State Police or the designee of the
commissioner pursuant to section 4(a)(8); and provided
further that section 4(a)(8) shall apply to any such request.
(4) To provide training and certification for all call-
takers/dispatchers and call-taker/dispatcher supervisors that
meets or exceeds the training and certification standards
that are provided for in 4 Pa. Code Ch. 120c (relating to
training and certification standards for 911 emergency
communications personnel) or any successor standard.
(b) Ineligible reimbursement.--The Pennsylvania State Police
are not eligible to receive any reimbursement from the moneys
collected from the contribution rate or wireless E-911
surcharge, nor may the Pennsylvania State Police impose a
monthly contribution rate upon the telephone subscribers on the
local exchange access line or any wireless E-911-related
surcharge upon wireless service customers.
Section 5. Sections 9 and 11.1 of the act, amended or added
February 12, 1998 (P.L.64, No.17), are amended to read:
Section 9. Telephone records.
(a) Access.--Each telephone service supplier shall provide
customer telephone numbers, names and service addresses [to 911
systems when required.] to PSAPs when requested by them for use
in responding to 911 calls and, when required, to providers of
emergency notification services and emergency support services,
solely for the purposes of delivering or assisting in the
delivery of emergency notification services and emergency
support services. Each wireless provider shall provide the
telephone number and geographical location of the wireless
device, as required pursuant to the FCC E-911 Order, to PSAPs
when requested by them for use in responding to 911 calls.
Although customer telephone numbers, names and service addresses
shall be available to [911 systems] PSAPs, providers of
emergency notification services and providers of emergency
support services, and the telephone numbers and geographical
locations of wireless devices shall be available to PSAPs, such
information shall remain the property of the disclosing service
supplier. The total cost of the 911 system or wireless E-911
system shall include expenses to reimburse telephone service
suppliers for providing and maintaining 911 information;
provided, however, that nothing in this section shall permit a
telephone service supplier to be reimbursed directly from the
fund for providing and maintaining 911 information. This
information shall be used only in providing emergency response
services to a 911 call or for purposes of delivering or
assisting in the delivery of emergency notification services or
emergency support services, except as provided in subsection
(c). A person who uses or discloses ANI/ALI data base
information for purposes other than [handling] providing
emergency response services to a 911 call, delivering or
assisting in the delivery of emergency notification services or
emergency support services or other than as provided in
subsection (c) commits a misdemeanor of the third degree.
(b) Privacy waived.--Private listing service customers in a
911 service district shall waive the privacy afforded by
nonlisted and nonpublished numbers [when using the 911 emergency
service] with respect to the delivery of emergency services.
(c) Immunity.--No telephone company, wireless
[communications company] provider or vendor or agent, employee
or director of a telephone company, wireless [communications
company] provider or vendor that provides information to PSAPs,
providers of emergency notification services or providers of
emergency support services shall be liable to any person who
directly or indirectly uses the 911 emergency service or
wireless E-911 emergency service established under this act or
provides information to 911 systems or wireless E-911 systems
with respect to the delivery of emergency services:
(1) [for release to a public safety answering point of
information specified in this section that is not already
part of the public records, including nonpublished telephone
numbers; or] for release to PSAPs, providers of emergency
notification services or providers of emergency support
services of information specified in this section, including
nonpublished telephone numbers;
(2) for release to the commission, the Federal
Communications Commission or any other Federal or
Commonwealth agency with the authority to regulate the
provision of telecommunications services, of telephone
company information specified in this section that is not
already part of public records, including, where applicable,
information regarding numbers of lines served by an
individual company but excluding nonpublic information
regarding the company's individual customer names, addresses
and telephone numbers; or
[(2)] (3) for interruptions, omissions, defects, errors,
mistakes or delays in transmission occurring in the course of
[rendering 911 emergency service] the delivery of emergency
services or wireless E-911 service under this act, unless
such interruptions, omissions, defects, errors, mistakes or
delays are caused by the willful or wanton misconduct of the
telephone company, wireless [communications company] provider
or vendor, their agents, employees or directors[: Provided,
however, That]; provided, however, that nothing herein shall
preclude the application of any commission tariff or
regulation within its jurisdiction pertaining to allowances
for telephone service interruptions.
Section 11.1. Immunity.
All 911 systems and wireless E-911 systems run by county and
local governments shall be local agencies who shall enjoy local
governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch.
C (relating to actions against local parties).
Section 6. The act is amended by adding sections to read:
Section 11.2. Powers and duties of agency.
(a) Administration.--The agency shall have the following
powers and duties in relation to a wireless E-911 system:
(1) To designate at least one employee of the agency who
shall serve as a point of contact at the agency for all
matters involving wireless E-911 systems in this
Commonwealth.
(2) To oversee the development, implementation,
operation and maintenance of a Statewide integrated wireless
E-911 system, formulate technical standards and determine
permitted uses of and amounts disbursed from the Wireless E-
911 Emergency Services Fund established in section 11.4(a),
including the costs of PSAPs and wireless providers that are
eligible for payment from the fund; and
(3) to approve each county's county plan, or amendment
to its agency-approved county plan, incorporating wireless E-
911 service capabilities as may be submitted by the county to
the agency.
(b) Wireless E-911 State plan.--The agency shall prepare,
maintain and keep current, after adequate public notice and
opportunity to comment and after consideration of the
recommendations of the wireless subcommittee of the advisory
committee, a wireless E-911 State plan providing for all aspects
of the development, implementation, operation and maintenance of
a Statewide integrated wireless E-911 system in accordance with
the FCC E-911 Order. Pursuant to such plan, the agency shall:
(1) Establish model agreements for mutual aid
agreements, cross-service agreements, service contracts and
all other documents by and among public agencies, PSAPs and
wireless providers that may be required in the implementation
of the wireless E-911 State plan, review such agreements and
documents for consistency with the applicable county plan and
assist the parties in assuring their execution.
(2) Require each wireless provider to notify the agency
of each county in which it is licensed on the effective date
of this section and provides wireless service and, at the
time new service is initiated, each county in which it is
licensed and initiates wireless service; and to notify
counties of wireless service within each county, specifically
noting wireless service to more than one county. In the event
of disputes among PSAPs regarding the PSAP to which a
wireless provider routes 911 calls, the routing shall be
determined by the agency.
(3) Establish uniform Statewide standards for the format
and content of wireless automatic location information and
wireless automatic number identification, which standards
shall be the standards adopted by the National Emergency
Number Association, as from time to time amended by that
organization. Wireless providers will use the applicable
National Emergency Number Association data transmission
format standards to deliver such data to the wireless E-911
system.
(4) Forward a copy of the completed plan and any
revision thereof to all affected counties, PSAPs, wireless
providers, local exchange carriers, competitive local
exchange carriers and interexchange carriers.
(5) Require each wireless provider to provide the agency
with a 24-hour, seven-days-a-week contact telephone number or
pager number for use by PSAPs in emergency situations.
Section 11.3. Advisory committees.
(a) Establishment of an E-911 Emergency Services Advisory
Committee.--There is hereby established an advisory committee to
be known as the E-911 Emergency Services Advisory Committee.
(b) Members.--The advisory committee shall be comprised of
the following persons:
(1) The director of the agency or his designee, who
shall act as chairperson.
(2) Two county commissioners.
(3) Four county 911 program managers.
(4) Four wireless providers licensed by the Federal
Communications Commission.
(5) Two landline telephone service provider
representatives.
(6) Two representatives each from fire services,
emergency medical services and police.
(7) The chairman and minority chairman of the
Communications and Technology Committee of the Senate and the
chairman and minority chairman of the Veterans Affairs and
Emergency Preparedness Committee of the House of
Representatives, or their designees.
The Governor, upon recommendation of the applicable Statewide
organizations, associations and industry segments, shall appoint
the committee members, who will each serve a two-year term.
Advisory committee membership shall be limited to one
representative per organization or corporate entity.
(c) Roles and responsibilities.--The advisory committee
shall make recommendations to the agency regarding the
formulation of technical, administrative and operational
standards for use in overseeing 911 programs Statewide.
(d) Reimbursement.--The members of the advisory committee
shall serve without compensation but shall be reimbursed for
their actual and necessary travel and other expenses in
connection with attendance at meetings called by the
chairperson.
(e) Advisory committee subcommittees.--The chairperson may
create, within the committee membership, subcommittees to study
and address specific technical and program areas:
(1) A wireless subcommittee shall be created as a
permanent subcommittee and shall consist of the following
persons:
(i) The advisory committee chairperson.
(ii) Two county commissioners.
(iii) Four county 911 program managers.
(iv) Four representatives of wireless providers
licensed by the Federal Communications Commission.
(v) Two landline telephone service provider
representatives.
(2) Wireless subcommittee roles and responsibilities:
(i) To advise the agency regarding the development,
implementation, operation and maintenance of a Statewide
integrated wireless E-911 system.
(ii) To make recommendations to the agency regarding
the preparation and periodic revision of a wireless E-911
State plan providing for the development, implementation,
operation and maintenance of a Statewide integrated
wireless E-911 system in accordance with the FCC E-911
Order.
(iii) To make recommendations to the agency
regarding the approval or disapproval of wireless
provider service agreements and the formulation of
technical standards.
(iv) To make recommendations to the agency regarding
the development of guidelines, rules and regulations
required to address the administration of the Statewide
E-911 wireless plan and the disbursement of moneys from
the Wireless E-911 Emergency Services Fund.
(v) To make recommendations to the agency regarding
the development of the annual report required of the
agency by this act, including, but not limited to,
recommendations concerning adjustments of the wireless E-
911 surcharge.
Section 11.4. Wireless E-911 Emergency Services Fund.
(a) Establishment of fund.--There is hereby established in
the State Treasury a nonlapsing restricted interest-bearing
account to be known as the Wireless E-911 Emergency Services
Fund. The fund shall consist of the fees collected under
subsection (b), funds appropriated by the General Assembly and
of funds from any other source, private or public. Moneys in the
fund and the interest it accrues is hereby appropriated to the
Pennsylvania Emergency Management Agency to be disbursed by the
agency. The moneys in the fund shall be used only for the
following costs:
(1) PSAP and wireless provider costs resulting from
compliance with the FCC E-911 Order, including development,
implementation and testing, operation and maintenance of a
Statewide integrated wireless E-911 system. Costs paid from
the fund must be eligible recurring or nonrecurring costs as
determined by the agency in accordance with sections 11.2(a)
and 11.5 for wireless E-911 service provided in accordance
with the FCC E-911 Order or a county plan or amended county
plan approved by the agency.
(2) The agency-approved costs of PSAPs specified in
section 8(b) that relate directly or indirectly to the
provision of wireless E-911 service, to the extent:
(i) the costs are not included in the costs paid
under section 11.4(a)(1) and the approved E-911 costs
provided in section 11.4(a)(1) have been reimbursed; and
(ii) the costs do not exceed the percentage of the
actual ratio of demonstrated wireless calls to
demonstrated total emergency call volume times the amount
of money in the fund, and further:
(A) the amount of the costs that may be
reimbursed is limited to 25% of the fund if a
majority of wireless providers serving the geographic
area covered by the PSAP have been tested and
accepted by the PSAP for wireless E-911 Phase I
service;
(B) the amount of the costs that may be
reimbursed is limited to 50% of the fund if all of
the wireless providers serving the geographic area
covered by the PSAP have been tested and accepted by
the PSAP for wireless E-911 Phase I service;
(C) the amount of the costs that may be
reimbursed is limited to 75% of the fund if a
majority of wireless providers serving the geographic
area covered by the PSAP have been tested and
accepted by the PSAP for wireless E-911 Phase II
service; and
(D) the amount of the costs that may be
reimbursed is limited to 100% of the fund if all of
the wireless providers serving the geographic area
covered by the PSAP have been tested and accepted by
the PSAP for wireless E-911 Phase II service.
In the event that, pursuant to an FCC E-911 waiver, a wireless
provider is temporarily relieved of its obligation to provide
wireless E-911 Phase II service in the geographic area covered
by a requesting PSAP, such wireless carrier shall be disregarded
in the determinations to be made pursuant to subparagraphs (iii)
and (iv) until such time as the wireless carrier's obligation to
provide wireless E-911 Phase II service again becomes effective.
(b) Wireless E-911 surcharge.--Each wireless service
customer shall pay a fee, to be known as a wireless E-911
surcharge, in an amount of $1 per month for each device that
provides wireless service for which that customer is billed by a
wireless provider for wireless service or receives prepaid
wireless telephone service from a wireless provider. Such fee
shall be collected apart from and in addition to any fee levied
by the wireless provider in whole or in part for the provision
of 911 services.
(1) Wireless providers shall collect the fee on behalf
of the agency as part of their billing process and shall have
no obligation to take any legal action to enforce the
collection of the surcharge. Such action may be brought by or
on behalf of the agency. Annually, upon written request of
the agency, each wireless provider shall provide a list of
the names and addresses of those wireless service customers
carrying a balance that have failed to pay the wireless E-911
surcharge. The wireless provider shall not be liable for such
unpaid amounts.
(2) If a wireless provider receives a partial payment
for a monthly bill from a wireless service customer, the
wireless provider shall apply the payment against the amount
the wireless service customer owes the wireless provider
first and shall remit to the State Treasurer such lesser
amount, if any, as shall result therefrom.
(3) The fees collected under this subsection shall not
be subject to taxes or charges levied by the Commonwealth or
any political subdivision of this Commonwealth, nor shall
such fees be considered revenue of the wireless provider for
any purpose.
(4) In the case of prepaid wireless telephone service,
the monthly wireless 911 surcharge imposed by this section
shall be remitted based upon each prepaid wireless account in
any manner consistent with the provider's existing operating
or technological abilities, such as customer address,
location associated with the MTN, or reasonable allocation
method based upon other comparable relevant data and
associated with Pennsylvania, for each wireless customer with
an active prepaid wireless account and has a sufficient
positive balance as of the last day of each month, if such
information is available.
(c) Remittance of fees.--On a quarterly basis, each wireless
provider shall remit the fees collected under subsection (b) to
the State Treasurer for deposit into the fund.
(d) Reimbursement of wireless provider and PSAP costs.--
(1) From every such remittance, the wireless provider
shall be entitled to deduct and retain an amount not to
exceed 2% of the gross receipts collected as reimbursement
for the administrative costs incurred by the wireless
provider to bill, collect and remit the surcharge.
(2) Wireless providers and PSAPs shall be entitled to
payment from the fund, in the manner provided in section
11.5(c), for the following costs:
(i) Recurring costs approved by the agency pursuant
to agency rules associated with the development,
implementation, operation and maintenance of wireless E-
911 service in the geographic area served by the
requesting PSAP; and
(ii) Nonrecurring costs approved by the agency
pursuant to agency rules associated with the development,
implementation, operation and maintenance of wireless E-
911 service in the geographic area served by the
requesting PSAP.
(3) In no event shall any costs be paid that are not
related to a wireless provider's or PSAP's compliance with
requirements established by the wireless E-911 State plan,
the FCC E-911 Order or the wireless E-911 provisions of an
agency-approved county plan or amended county plan.
(4) Costs incurred by a PSAP or wireless provider for
wireless E-911 service prior to the effective date of this
section shall be paid by the agency provided that the costs
comply with the requirements of this section and section
11.5, were incurred after January 1, 1998, and are determined
by the agency, after application in accordance with section
11.5(c), to be eligible for payment from the fund. Any such
costs that the agency determines to be eligible shall be paid
as provided in section 11.5.
(5) Nothing in this act shall prevent a wireless
provider from recovering its costs of implementing and
maintaining wireless E-911 service directly from its
customers, whether itemized on the customer's bill or by any
other lawful method. No wireless provider that levies such a
separate fee for provision of E-911 wireless service in the
geographic area served by the requesting PSAP may receive a
reimbursement for the same costs.
(e) Reporting by wireless providers.--With each remittance a
wireless provider shall supply the following information to the
State Treasurer and to the agency:
(1) The total fees collected through the wireless E-911
surcharge from its wireless service customers during the
reporting period.
(2) The total amount retained by it as reimbursement for
administrative costs to cover its expenses of billing,
collecting and remitting the fees collected from the wireless
E-911 surcharge during the reporting period.
(3) Until all nonrecurring costs have been recovered by
a wireless provider, the total amount it has been reimbursed
by the agency for nonrecurring costs associated with the
development, implementation, operation and maintenance of
wireless E-911 service during the reporting period.
(f) Information to be supplied by wireless providers.--All
wireless providers shall provide the agency with such
information as it shall request in writing in order to discharge
its obligations under this section, including, but not limited
to, the collection and deposit of the wireless E-911 surcharge
and its administration of the fund. Information supplied by
wireless providers pursuant to this section shall remain
confidential, and release of such information shall be governed
by section 11.7.
(g) Prohibition.--No part of the fund, including any excess
amount under section 11.6(a), shall be used for any purpose
unless expressly authorized by this act.
(h) Surcharge sunset.--The wireless E-911 surcharge fee
established in subsection (b) shall terminate on June 30, 2009,
unless extended by an act of the General Assembly.
Section 11.5. Disbursement of fund amounts by agency.
(a) Expenditures for wireless E-911 systems.--During each
fiscal year the agency may, only in furtherance of the Wireless
E-911 State plan, disburse moneys from the Wireless E-911
Emergency Services Fund to PSAPs with agency-approved county
plans or amended county plans and wireless providers for the
following purposes:
(1) To pay the costs of PSAPs and wireless providers
provided for in section 11.4(a)(1) and (d)(2) and the costs
of PSAPs provided for in section 11.4(a)(2).
(2) To train emergency service personnel regarding
receipt and use of wireless E-911 service information.
(3) To educate consumers regarding the operations,
limitations, role and responsible use of wireless E-911
service.
(b) Limitations on use of fund amounts by PSAPs.--No PSAP
shall receive a disbursement from the fund for any cost
necessary to house the wireless E-911 system or for the purchase
of real estate, cosmetic remodeling, ambulances, fire engines or
other emergency vehicles, utilities, taxes and other expenses as
determined by the agency. No more than 70% of the disbursements
which a PSAP receives from the fund during the agency's fiscal
year may be utilized to fund personnel training, salary and
benefit costs.
(c) Manner of payment.--Each PSAP and wireless provider
shall submit to the agency each year, not later than 120 days
before the first day of the agency's fiscal year, the eligible
costs it expects to incur for wireless E-911 service during the
next fiscal year of the agency. The submission may include
eligible costs that the PSAP or wireless provider has already
incurred for wireless E-911 service at the time of the
submission. The agency shall review the submission, ensure that
the costs are eligible for payment from the fund and notify the
submitting PSAP or wireless provider, not later than 30 days
before the first day of the agency's fiscal year, of the
eligible costs. The agency shall pay to each PSAP and wireless
provider, from the fund, the amount of the submitted costs the
agency determined to be eligible, whether or not the costs have
been incurred at or before the time of payment and whether or
not the costs, if already incurred, were incurred prior to the
effective date of this section. Payment shall be made in four
equal payments during the first month of each quarter of the
agency's fiscal year as follows:
(1) The agency shall first pay the costs approved for
each PSAP that are payable in the quarter.
(2) Following the payment of approved costs to a PSAP
for Phase I deployment of wireless E-911 service, as set
forth in the FCC E-911 Order, but only after the PSAP has
issued its request to wireless providers to furnish Phase I
wireless E-911 service pursuant to the FCC E-911 Order, the
agency shall pay the approved costs of wireless providers
that are payable in the quarter to provide the requested
wireless E-911 service to that PSAP.
(3) Following the payment of approved costs to a PSAP
for Phase II deployment of wireless E-911 service, as set
forth in the FCC E-911 Order, but only after the PSAP has
issued its request to wireless providers to furnish Phase II
wireless E-911 service pursuant to the FCC E-911 Order, the
agency shall pay the approved costs of wireless providers
that are payable in the quarter to provide the requested
wireless E-911 service to that PSAP.
(4) In any quarter of the agency's fiscal year, all
costs specified in section 11.4(a)(1) that are approved by
the agency for payment to PSAPs or wireless providers shall
be paid before any other costs payable pursuant to this
chapter are paid to any PSAP or wireless provider. In the
first quarter of the agency's fiscal year, the agency shall
determine whether payments to PSAPs and wireless providers
during the preceding fiscal year exceeded or were less than
the eligible costs incurred by each PSAP and wireless
provider submitting costs during the fiscal year. Each PSAP
and wireless provider shall provide verification of such
costs as required by the agency. Any overpayment shall be
refunded to the agency or, with the agency's approval, may be
used to pay agency-approved costs the PSAP or wireless
provider submitted for the current fiscal year of the agency.
The amount of any underpayment will be paid to the PSAP or
wireless provider in accordance with this subsection and
subsection (d) within the current fiscal year. The agency
shall reconsider a determination of eligible costs pursuant
to this subsection upon request by a submitting PSAP or
wireless provider and shall provide a procedure for such
reconsideration.
(d) Pro rata sharing of fund amounts.--
(1) If the total amount of money in the fund in any
quarter is insufficient to pay for both agency-approved PSAP
costs and agency-approved wireless provider costs which are
payable in the quarter under subsection (c) for both Phase I
deployment and Phase II deployment of wireless E-911 service,
as set forth in the FCC E-911 Order, then payments from the
fund for that quarter shall be made as follows:
(i) The agency-approved Phase I deployment costs of
a PSAP and those wireless providers to which the PSAP has
issued its request for Phase I wireless E-911 service
shall be paid before any agency-approved costs for Phase
II deployment are paid.
(ii) If, notwithstanding subparagraph (i), the total
amount of moneys in the fund in the quarter is
insufficient to pay all Phase I deployment costs of both
PSAPs and wireless providers which are payable in the
quarter, then each requesting PSAP and each requesting
wireless provider shall receive, for payment of Phase I
deployment costs, a pro rata share of the total amount of
moneys in the fund in the quarter.
(iii) If the total amount of moneys in the fund in
the quarter is insufficient to pay all agency-approved
Phase II deployment costs of both PSAPs and wireless
providers which are payable in the quarter, then each
requesting PSAP and each requesting wireless provider
shall receive, for payment of Phase II deployment costs,
a pro rata share of the total moneys in the fund which
are available in the quarter for payment of Phase II
deployment costs.
(2) For any PSAP or wireless provider, pro rata shares
shall be computed based upon the total dollar amount of money
available in the fund for payment of Phase I or Phase II
deployment costs, whichever is applicable, multiplied by the
ratio of:
(i) the total dollar amount of agency-approved but
unpaid costs of that PSAP or wireless provider for Phase
I or Phase II deployment, whichever is applicable; to
(ii) the total dollar amount of all agency-approved
but unpaid costs.
(3) Any remaining unpaid agency-approved PSAP costs or
wireless provider costs shall be carried forward for payment
during the next fiscal quarter. Such carryforward process
shall continue each fiscal quarter until all agency-approved
PSAP costs and wireless provider costs have been paid. Pro
rata and other payments under this subsection, including, but
not limited to, payments of costs which are carried forward
for payment in subsequent fiscal quarters, shall also be
subject to all provisions and requirements of subsection (c)
except for subsection (c)(1).
(e) Triennial financial audit.--The agency shall require a
triennial financial audit of each PSAP's use of the
disbursements it has received from the fund and of a wireless
provider's collection, deduction, retention, remittance and use
of the amounts collected by the wireless provider under the
wireless E-911 surcharge or the disbursements it received from
the fund. These triennial financial audits shall be consistent
with guidelines established by the agency, and the cost of each
audit shall be paid from the fund.
Section 11.6. Reporting.
(a) Annual report by agency.--Not later than March 1 of each
year, the agency, after consideration of the recommendations of
the advisory committee, shall submit an annual report, which may
be combined with that required by section 3(a)(5), to the
Governor and the General Assembly. Subject to the provisions of
section 11.7(b), the report shall include at least the
following:
(1) The extent to which wireless E-911 systems currently
exist in this Commonwealth.
(2) Those PSAPs which completed installation of wireless
E-911 systems pursuant to the wireless E-911 State plan and
the costs and expenses for installation.
(3) An itemization by PSAP or wireless provider, project
and description and expenditure for each Wireless E-911
Emergency Services Fund disbursement made in the fiscal year
just concluded. The itemization shall include an explanation
of how each project contributed to the fulfillment of the
existing wireless E-911 State plan.
(4) The planned expenditures for the next fiscal year
for installation of wireless E-911 systems pursuant to the
wireless E-911 State plan.
(5) The total aggregate fees collected from all wireless
providers in the fiscal year just concluded based upon the
reports of such providers submitted under section 11.4(e) and
any other funds received by the fund.
(6) The amount of any unexpended funds carried forward
in the fund.
(7) The amount of any remaining unpaid agency-approved
PSAP costs or wireless provider costs being carried forward
for payment during the next fiscal quarter.
(8) Any advances in a wireless provider's system
technology or expansion of its customer service area which
further the goal of providing access to a wireless E-911
system regardless of the customer's geographic location on
any interstate highway in this Commonwealth.
(b) Study of wireless E-911 emergency services
implementation and operation.--The agency, after consideration
of the recommendations of the advisory committee, shall report
to the Governor and the General Assembly no less than
triennially its recommendations concerning wireless E-911
implementation and operation, including, but not limited to,
necessary or required actions which must be undertaken in
response to the Federal Communication Commission's directive in
the FCC E-911 Order. The report shall recommend measures to be
taken by the General Assembly.
Section 11.7. Public disclosure and confidentiality of
information.
(a) Annual report of the agency.--The annual report of the
agency shall be a public document.
(b) Prohibition against release of information.--Neither the
State Treasurer, the agency, nor any employee, agent or
representative of a PSAP or public agency shall divulge any
information acquired with respect to any wireless provider, its
customers, revenues or expenses, trade secrets, commercial
information and such other proprietary information while acting
or claiming to act as such employee, agent or representative,
and all such information is hereby required to be kept
confidential except that aggregations of information which do
not identify or effectively identify numbers of customers,
revenues or expenses, trade secrets, commercial information and
such other proprietary information attributable to any
individual wireless provider may be made public.
Section 11.8. Wireless provider records.
(a) Access.--Upon request from and pursuant to agreement
with a PSAP, each wireless provider shall provide E-911 service
data base information as permitted under the law to the
requesting PSAP. Such information shall remain the property of
the disclosing wireless provider and, except as otherwise
provided by applicable Federal or State law, shall be used by
the PSAP only in connection with providing emergency response
services to a call to a 911 system or to a wireless E-911
system.
(b) Violations.--A person commits a misdemeanor of the third
degree who:
(1) Uses or discloses wireless E-911 service data base
information for purposes other than handling a call to a 911
system or to a wireless E-911 system without the consent of
the wireless service customer or as otherwise provided by
applicable Federal or State law.
(2) Knowingly uses the telephone number of a 911 system
or wireless E-911 system to avoid any charges for the
services of a local exchange carrier, competitive local
exchange carrier, interexchange carrier or wireless provider.
(c) Privacy waived.--The provisions of 66 Pa.C.S. § 2906
(relating to dissemination of telephone numbers and other
identifying information) shall have no application to wireless
providers to the extent they are engaged in providing wireless
E-911 service or related services.
Section 11.9. Immunity.
(a) Generally.--No wireless provider or its officers,
directors, employees, agents or vendors shall be liable to any
person for civil damages resulting from or caused by such
wireless provider's, its officers', directors', employees',
agents' or suppliers' participation in or acts, failure or
omissions in connection with that participation in the
development, design, installation, operation, maintenance,
performance or provision of wireless E-911 service, except for
willful or wanton misconduct.
(b) Parity of liability.--A wireless provider shall have the
same immunity from liability for transmission errors or
failures, network outages or other technical problems that arise
in the course of handling emergency calls or providing emergency
services, including wireless E-911 service, as a local exchange
carrier enjoys in the course of handling such calls or providing
such services.
(c) Release of information.--No wireless provider or its
employees or agents shall be liable to any person for releasing
wireless service customer information to the agency or to any
911 system or wireless E-911 system, public agency or PSAP as
required by this act.
Section 11.10. Agency funding for wireless E-911 support.
The agency is authorized to retain up to 2% of the annual
wireless E-911 surcharge proceeds to pay for agency expenses
directly related to administering the wireless E-911 provisions
of this act. This will include, but will not be limited to,
personnel, travel, administrative, financial auditing and
printing costs.
Section 11.11. Rate regulation.
Nothing in this act shall be construed to constitute the
regulation of the rates charged by wireless providers for any
service or feature which they provide to their wireless service
customers or to prohibit a wireless provider from charging a
wireless service customer for any service or feature provided to
such customer.
Section 11.12. Rules and regulations.
The council shall have the power and authority to issue
guidelines and to promulgate, adopt, publish, use and enforce
rules and regulations for the implementation of this act and
shall, within one year of the effective date of this act, after
consideration of the recommendations of the advisory committee,
promulgate such guidelines and rules and regulations as may be
necessary to implement this act. Guidelines and rules and
regulations proposed under the authority of this section shall
be subject to review by the General Counsel and the Attorney
General in the manner provided for the review of proposed rules
and regulations pursuant to the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act, and
the act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act.
Section 11.13. Enforcement of provisions of act.
In addition to any powers expressly enumerated in this act,
the agency shall have full power and authority, and it shall be
its duty to enforce, execute and carry out, by its rules and
regulations or otherwise, all and singular, the provisions of
this act, and the agency may institute injunction, mandamus or
other appropriate legal proceedings to enforce the provisions of
this act and regulations promulgated under it.
Section 7. If any provision of this act or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of
the act which can be given effect without the invalid provision
or application, and to this end the provisions of this act are
declared to be severable.
Section 8. This act shall take effect as follows:
(1) The wireless E-911 subscriber surcharge provided in
section 11.4 of the act shall take effect with the first
monthly billing cycle of a wireless provider occurring 90
days after the effective date of this act.
(2) The remainder of this act shall take effect in 90
days.
APPROVED--The 30th day of December, A. D. 2003.
EDWARD G. RENDELL
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