Chapter
365
2005 -- S 1101 SUBSTITUTE A AS AMENDED
Enacted 07/19/05
A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS
Introduced By: Senators Gibbs, Blais, and Breene
Date
Introduced: May 18, 2005
It is
enacted by the General Assembly as follows:
SECTION
1. Section 39-1-62 of the General Laws in Chapter 39-1 entitled "Public
Utilities
Commission" is hereby amended to read as follows:
39-1-62.
E-911 Geographic Information System (GIS) and Technology Fund.
[Repealed
effective June 30, 2007.] -- (a)
Preamble. - To allow the Rhode Island E-911
Emergency
Telephone System agency to associate latitude and longitude coordinates
provided by
wireless
carriers with physical locations throughout the state, the agency must
establish and
maintain
a GIS database of street addresses and landmarks. The database will allow local
emergency
response personnel to dispatch police, fire and rescue personnel to a specific
address
or
landmark of a cellular caller in the event the caller is unaware of his or her
location, or is
physically
unable to communicate it. Because more than half of the 530,000 9-1-1 phone
calls
received
in 2003 came from cellular phones, it is critical that the GIS database be
developed and
maintained
in order to improve caller location identification and reduce emergency
personnel
response
times.
(b) Definitions. - As used in this section, the following terms have the
following
meanings:
(1) "System" means Emergency 911 Uniform Telephone System.
(2) "Agency" means Rhode Island 911 Emergency Telephone System.
(3) "Division" means the Division of Public Utilities and Carriers.
(4) "GIS and Technology Fund" means the programs and funding made
available to the
Emergency
911 Uniform Telephone System to assist in paying the costs of the GIS database
development
project and GIS systems maintenance, which will enable the system to locate
cellular
phone callers by geocoding all addresses and landmarks in cities and towns
throughout
the
state. It also includes programs to create system redundancy and maintain
state-of-the-art
equipment
technology.
(c) Purpose. - The purpose of the GIS and Technology Fund shall be to:
(1) Implement and maintain a geographic information system database to assist
in
locating
wireless phone callers for emergency purposes in a manner consistent and in
coordination
with the Rhode Island geographic information system administered by the
Division
of Planning
as provided for in section 42-11-10(g)(3); and
(2) Create system redundancy to ensure the reliability of 9-1-1 service to the
public; and
(3) Maintain state-of-the-art equipment technology.
(d) Authority. - The agency shall establish, by rule or regulation, an
appropriate funding
mechanism
to recover from the general body of ratepayers the costs of funding GIS and
technology
projects.
(1) The general assembly shall determine the amount of a monthly surcharge to
be levied
upon
each wireless telecommunications instrument, or device or
means including prepaid,
cellular,
telephony, Internet,
Voice Over Internet Protocol (VoIP), satellite, computer, radio,
communication,
data, or any other wireless instrument, device or means that has access to,
connects
with, interfaces with or is capable
of delivering two-way interactive communications
services
comparable to those offered by telecommunications service providers to
the Rhode
Island
E-911 Uniform Emergency Telephone System.
The agency will provide the general
assembly
with information and recommendations regarding the necessary level of funding
to
effectuate
the purposes of this article. The surcharge shall be billed monthly by
each wireless
telecommunications
services provider as defined in section 39-21.1-3 and shall be payable
to the
wireless
telecommunications services provider by the subscriber or prepaid service
customer of
the
telecommunications services. Each telecommunication services provider shall
establish a
special
(escrow) account to which it shall deposit on a monthly basis the amounts
collected as a
surcharge
under this section. The money collected by each wireless telecommunication
services
provider
shall be transferred within sixty (60) days after its inception of wireless,
prepaid,
cellular,
telephony, Voice Over Internet Protocol (VoIP), satellite, computer, Internet,
or
communications,
information or data services in this state and every month thereafter. Any
money
not transferred in accordance with this paragraph shall be assessed interest at
eight percent
(8%)
per annum from the date the money should have been transferred. State, local and quasi-
governmental
agencies shall be exempt from the surcharge. The surcharge shall be deposited
in a
restricted
receipt account, hereby created within the agency and known as the GIS and
Technology
Fund, to pay any and all costs associated with the provisions of subsection
(c). The
amount
of the surcharge under this section shall not exceed thirty-five cents ($.35)
per wireless
phone.
(2) The surcharge is hereby determined to be twenty-six cents ($.26) per
wireless phone,
prepaid,
cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer,
data or data only
wireless
lines or Internet communication or data instrument, device or means which has
access to,
connects
with, activates or interfaces with or any combination of the above with the
Rhode Island
E-911
Uniform Emergency Telephone System
per month and shall be in addition to the wireless
surcharge
charged under section 39-21.1-14. The twenty-six cents ($.26) is to be
billed to all
wireless
telecommunication service providers, subscribers or prepaid service customers
upon the
inception
of services.
(3) The amount of the surcharge shall not be subject to the sales and use tax
imposed
under
chapter 18 of title 44 nor be included within the gross earnings of the
telecommunications
corporation
providing telecommunications service for the purpose of computing the tax under
chapter
13 of title 44.
(4)
With respect to prepaid wireless telecommunication service providers and
customers,
and
notwithstanding anything to the contrary contained in this section, the
surcharge shall be
collected
and remitted to the agency by the prepaid wireless telecommunication service
provider
under
one of three methods:
(i)
the prepaid wireless telecommunication service provider shall collect the
surcharge, on
a
monthly basis, from each active prepaid wireless telecommunication service
customer whose
account
balance is equal to or greater than the amount of the service charge; or
(ii)
the prepaid wireless telecommunication service provider shall collect the
surcharge,
on a
monthly basis, at the point of sale; or
(iii)
the prepaid wireless telecommunication service provider shall divide the total
earned
prepaid
wireless telephone revenue received by the prepaid wireless telecommunication
service
provider
within the monthly reporting period by fifty dollars ($50.00), and multiply the
quotient
by
the amount of the surcharge.
The
surcharge amount or an equivalent number of air-time minutes may be reduced
from
a
prepaid wireless telecommunication service customer's account when direct
billing is not
possible.
(e) Administration. - The agency shall collect monthly from the wireless
telecommunications
service providers as defined in section 39-21.1-3 the amounts of the
surcharge
collected from their subscribers or prepaid customers. The agency shall
deposit such
collections
in an account maintained and administered by the Rhode Island 911 Emergency
Telephone
System for use in developing and maintaining the geographic information system
database,
creating system redundancy, and improving equipment technology. The agency is
further
authorized and encouraged to seek matching funds from all local, state, and
federal public
or
private entities and shall coordinate its activities and share all information
with the state
Division
of Planning.
(f) The effective date of assessment for the GIS and Technology Fund shall be
July 1,
2004.
(g) Nothing in this section shall be construed to constitute rate regulation of
wireless
communications
services carriers, nor shall this act be construed to prohibit wireless
communications
services carriers from charging subscribers for any wireless service or
feature.
(h) Except as otherwise provided by law, the agency shall not use, disclose or
otherwise
make available call location information for any purpose other than as specified in subsection (c).
(i) The attorney general shall, at the request of the E-911 uniform emergency telephone
system division, or
any other agency that may replace it, or on its own initiative, commence
judicial proceedings
in the superior court against any telecommunication services provider
as defined in section
39-21.1-3 (11) providing communication services to enforce the
provisions of this
chapter.
SECTION
2. Sections 39-21.1-3 and 39-21.1-14 of the General Laws in Chapter 39-21.1
entitled
"911 Emergency Telephone Number Act" are hereby amended to read as
follows:
39-21.1-3.
Definitions. -- As used in this chapter:
(1) "Automatic location identification (ALI)" means the system
capability to identify
automatically
the geographical location of the telephone being used by the caller and to
provide a
display
of the location information at a public safety answering point.
(2) "Automatic number identification (ANI)" means the system
capability to identify
automatically
the calling telephone number and to provide a display of that number at a
public
safety
answering point.
(3) "Communications common carrier" means any person, party, or
entity which
provides
communications services for profit by way of wire or radio. It includes
re-sellers of
such
services.
(4) "Communications services" means the transmission of sounds,
messages, data,
information,
codes, or signals between a point or points of origin and a point or points of
reception.
(5) "Private safety agency" means a private entity which provides
emergency fire,
ambulance,
or medical services.
(6) "Public agency" means the state government and any unit of local
government or
special
purpose district located in whole or in part within the state which provides or
has authority
to
provide firefighting, law enforcement, ambulance, medical, or other emergency
services.
(7) "Public safety agency" means a functional division of a public
agency which
provides
firefighting, law enforcement, ambulance, medical, or other emergency services.
(8) "Public safety answering point (PSAP)" means a communications
facility operated
on a
twenty-four (24) hour basis, assigned responsibility to transmit 911 calls to
other public
safety
agencies. It is the first point of reception of a 911 call by a public safety
agency and serves
the
entire state.
(9) "Relay method" means the method of responding to a telephone
request for
emergency
service whereby a public safety answering point notes pertinent information and
relays
it by telephone to the appropriate public safety agency or other provider of
emergency
services
for dispatch of an emergency service unit.
(10) "Selective call routing" means a feature that routes a 911 call
from a central office
to the
designated public safety answering point based upon the telephone number of the
calling
party.
(11) "Telecommunication services provider", for purposes of this chapter
and of chapter
21 of
this title, means every person, party or entity which provides communications
services,
telephony
services, voice or data transmission services, and wireless prepaid services, including,
but not
limited to: audio communication, print communication information,
Voice Over Internet
Protocol
(VoIP), data or visual information,
communication or transmission or any combination
thereof,
for profit on a subscription, wireless prepaid service, wireless prepaid
telephone calling
arrangement or pay-for-services or any other basis by
means of landline local telephone exchange
devices, cellular telephone devices, wireless
communication devices, radio, telephony, Internet,
data,
satellite, computer, prepaid wireless telephone, Voice Over Internet Protocols
(VoIP)
instruments,
devices or means, or any other
communication or data instruments devices or means
which
have access to, connect with, or interface with the E 9-1-1 Uniform Emergency
Telephone
System.
Telecommunication service provider includes "telephone common
carrier,"
"communications
common carrier," "telephone companies," and "common
carrier" as those terms
are used
in this chapter and in chapter 21 of this title, and "telecommunication
common carrier"
as
defined in the Code of Federal Regulations at 47 CFR part 22, as amended from
time to time
and
as defined in the NENA Master Glossary of 9-1-1 Terminology as amended from
time to
time.
(12) "Telephone common carrier" means any person, party, or entity
which provides
communications
services for profit between a point of origin and a point of reception by way
of a
land-line
wire connection between the two (2) points. It includes re-sellers of such
services.
(13) "The 911 authority" means the agency of the state government in
which
responsibility
for administering the implementation and operation of 911 system is vested by
the
general
assembly.
(14) "Transfer method" means the method of responding to a telephone
request for
emergency
service whereby a public safety answering point transfers the call directly to
the
appropriate
public safety agency or other provider of emergency service for dispatch of an
emergency
service unit.
(15)
"Telephone service provider" means every person, party or entity that
provides
telephone
services to subscribers or wireless prepaid customers including, but not
limited to,
"telephone
common carrier" and "telecommunications service providers."
(16)
"Telephony or Telephony Services Provider" (see "Telephone
Service Provider").
(17)
"Voice Over Internet Protocol (VoIP)" provides distinct packetized
voice or data
information
in digital format using the Internet Protocol.
39-21.1-14.
Funding. -- (a) A monthly surcharge of one dollar ($1.00) is hereby
levied
upon
each residence and business telephone line or trunk or path and data,
telephony, Internet,
Voice
Over Internet Protocol (VoIP) wireline, line, trunk or path in the state including PBX
trunks
and centrex equivalent trunks and each line or trunk serving, and upon each
user interface
number
or extension number or similarly identifiable line, trunk, or path to or from a
digital
network
(such as, but not exclusive of, integrated services digital network (ISDN),
Flexpath or
comparable
digital private branch exchange, or connecting to or from a customer-based or
dedicated
telephone switch site (such as, but not exclusive of, a private branch exchange
(PBX)),
or
connecting to or from a customer-based or dedicated central office (such as,
but not exclusive
of, a
centrex system but exclusive of trunks and lines provided to wireless
communication
companies)
that can access to, connect with or interface with the Rhode Island E-911
Uniform
Emergency
Telephone System (RI E-911). The
surcharge shall be billed by each
telecommunication
services provider at the inception of services and shall be payable to
the
telecommunication
services provider by the subscriber of the telecommunication services. A
monthly
surcharge of one dollar ($1.00) is hereby levied effective July 1, 2002, on
each wireless
telecommunication instrument or, device or means
including prepaid, cellular, telephony,
Internet,
Voice Over Internet Protocol (VoIP), satellite, computer, radio, communication,
data or
data
only wireless lines or any other wireless instrument, device or means which has access to,
connects
with, or activates or interfaces or any combination thereof with
the E 9-1-1 Uniform
Emergency
Telephone System. The surcharge shall be in addition to the surcharge
collected
under
section 39-1-62 and shall be billed
by each telecommunication services provider and shall
be
payable to the telecommunication services provider by the subscriber or prepaid
services
customer.
The E-911 Uniform Emergency Telephone System shall establish, by rule or
regulation
an
appropriate funding mechanism to recover from the general body of ratepayers
this surcharge.
(b) The amount of the surcharge shall not be subject to the tax imposed under
chapter 18
of title
44 nor be included within the telephone common carrier's gross earnings for the
purpose
of
computing the tax under chapter 13 of title 44.
(c) Each telephone common carrier and each telecommunication services provider
shall
establish
a special account to which it shall deposit on a monthly basis the amounts
collected as a
surcharge
under this section. In determining the amount collected, the telephone
common carrier
or
telecommunication services provider may include a factor for uncollectible
billings computed
in
accordance with its customary business practice.
(d) The money collected by each telecommunication services provider of
wireline
communication
services shall be transferred within
sixty (60) days after its inception of wireline,
wireless,
prepaid, cellular, telephony, Voice Over Internet Protocol (VoIP), satellite,
computer,
Internet,
or communications services in this
state and every month thereafter, to the general
treasury,
together with the accrued interest and shall be deposited in the general fund
as general
revenue.
The money collected by each telecommunication services provider of wireless
communication
services shall be transferred within ninety (90) days, after the initial
imposition of
the
surcharge, and every calendar quarter thereafter, to the general treasury with
accrued interest
and
shall be deposited in the general fund as general revenue. Any money not transferred in
accordance
with this paragraph shall be assessed interest at eight percent (8%) per annum
from
the
date the money should have been transferred.
(e) Every billed subscriber-user shall be liable for any surcharge imposed under
this
section
until it has been paid to the telephone common carrier or telecommunication
services
provider.
Any surcharge shall be added to and may be stated separately in the billing by
the
telephone
common carrier or telecommunication services provider and shall be collected by
the
telephone
common carrier or telecommunication services provider.
(f) Each telephone common carrier and telecommunication services provider shall
annually
provide the E 9-1-1 uniform emergency telephone system division or any other
agency
that may
replace it, with a list of amounts uncollected together with the names and
addresses of
its
subscriber-users who can be determined by the telephone common carrier or
telecommunication
services provider to have not paid the surcharge.
(g) Included within, but not limited to, the purposes for which the money
collected may
be used
are rent, lease, purchase, improve, construct, maintenance, repair, and
utilities for the
equipment
and site or sites occupied by the E 9-1-1 uniform emergency telephone system;
salaries,
benefits, and other associated personnel costs; acquisition, upgrade or
modification of
PSAP
equipment to be capable of receiving E 9-1-1 information, including necessary
computer
hardware,
software, and data base provisioning, addressing, and non-recurring costs of
establishing
emergency services; network development, operation and maintenance; data-base
development,
operation, and maintenance; on-premise equipment maintenance and operation;
training
emergency service personnel regarding use of E 9-1-1; educating consumers
regarding
the
operations, limitations, role and responsible use of E 9-1-1; reimbursement to
telephone
common
carriers or telecommunication services providers of rates or recurring costs
associated
with any
services, operation, administration or maintenance of E 9-1-1 services as
approved by
the
division; reimbursement to telecommunication services providers or telephone
common
carriers
of other costs associated with providing E 9-1-1 services, including the cost
of the design,
development,
and implementation of equipment or software necessary to provide E 9-1-1
service
information
to PSAP's, as approved by the division.
(h) [Deleted by P.L. 2000, ch. 55, art. 28, section 1.]
(i) Nothing in this section shall be construed to constitute rate regulation of
wireless
communication
services carriers, nor shall this act be construed to prohibit wireless
communication
services carriers from charging subscribers for any wireless service or
feature.
(j)
State, local and quasi-governmental agencies shall be exempt from the
surcharge.
SECTION
3. Section 44-18-7 of the General Laws in Chapter 44-18 entitled "Sales
and
Use Taxes
- Liability and Computation" is hereby amended to read as follows:
44-18-7.
Additional definitions. -- (a) "Hotel" means every building
or other structure
kept,
used, maintained, advertised as, or held out to the public to be a place where
living quarters
are
supplied for pay to transient or permanent guests and tenants and includes a
motel.
(b) "Living quarters" means sleeping rooms, sleeping or housekeeping
accommodations,
or any
other room or accommodation in any part of the hotel, rooming house, or tourist
camp
which is
available for or rented out for hire in the lodging of guests.
(c) "Rooming house" means every house, boat, vehicle, motor court, or
other structure
kept,
used, maintained, advertised, or held out to the public to be a place where
living quarters are
supplied
for pay to transient or permanent guests or tenants, whether in one or
adjoining
buildings.
(d) "Sales" means and includes:
(1) Any transfer of title or possession, exchange, barter, lease, or rental,
conditional or
otherwise,
in any manner or by any means of tangible personal property for a
consideration.
"Transfer
of possession", "lease", or "rental" includes
transactions found by the tax administrator
to be in
lieu of a transfer of title, exchange, or barter.
(2) The producing, fabricating, processing, printing, or imprinting of tangible
personal
property
for a consideration for consumers who furnish either directly or indirectly the
materials
used in
the producing, fabricating, processing, printing, or imprinting.
(3) The furnishing and distributing of tangible personal property for a
consideration by
social,
athletic, and similar clubs and fraternal organizations to their members or
others.
(4) The furnishing, preparing, or serving for consideration of food, meals, or
drinks,
including
any cover, minimum, entertainment, or other charge in connection therewith.
(5) A transaction whereby the possession of tangible personal property is transferred,
but
the
seller retains the title as security for the payment of the price.
(6) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or
interstate
commerce,
of tangible personal property from the place where it is located for delivery
to a point
in this
state for the purpose of the transfer of title or possession, exchange, barter,
lease, or rental,
conditional
or otherwise, in any manner or by any means whatsoever, of the property for a
consideration.
(7) A transfer for a consideration of the title or possession of tangible
personal property,
which
has been produced, fabricated, or printed to the special order of the customer,
or any
publication.
(8) The furnishing and distributing of electricity, natural gas, artificial
gas, steam,
refrigeration,
and water.
(9) (i) The furnishing for consideration of telecommunications service which
includes
local
exchange service, intrastate toll service, interstate and international toll
service including
cellular
mobile telephone or telecommunications service, specialized mobile radio and
pagers and
paging
service including any form of mobile two-way communication and including the
furnishing,
rental, or leasing of all equipment or services pertaining or incidental to it;
provided,
that the
service is: rendered in its entirety within this state, originated in this
state and terminated
in
another state or a foreign country and with respect to which the service is
charged to a
telephone
number, customer, or account located in this state or to the account of any
transmission
instrument
in this state, originated in another state or a foreign country and terminated
in this state
and is
charged to a telephone number, customer, or account located in this state at
which the
service
is terminated, or to the account of any transmission instrument in this state
at which the
service
is terminated; provided, that the service does not include receipts except as
otherwise
provided
in sections 44-18-8 and 44-18-12. For the purposes of chapters 44-18 and
44-19 only,
telecommunication
service does not include service rendered using a prepaid telephone calling
arrangement. Telecommunications service does not include
service rendered using a prepaid
telephone
calling arrangement.
(ii) Notwithstanding the provisions of paragraph (i) of this subdivision, in
accordance
with the
Mobile Telecommunications Sourcing Act (4 U.S.C. sections 116 -- 126), subject
to the
specific
exemptions described in 4 U.S.C. section 116(c), and the exemptions provided in
sections
44-18-8 and 44-18-12, mobile telecommunications services that are deemed to be
provided
by the customer's home service provider are subject to tax under this chapter
if the
customer's
place of primary use is in this state regardless of where the mobile
telecommunications
services originate, terminate or pass through. Mobile telecommunications
services
provided to a customer, the charges for which are billed by or for the
customer's home
service
provider, shall be deemed to be provided by the customer's home service
provider. For the
purposes
of this paragraph:
(A) "Customer" means either: (I) a person or entity that contracts
with a home service
provider
for mobile telecommunications services; or (II) if the end user of mobile
telecommunications
services is not the contracting party, the end user of the mobile
telecommunication
service, but this clause applies only for the purpose of determining the place
of
primary use. "Customer" does not include a reseller of mobile
telecommunications services or
a
serving carrier that is under an arrangement to serve the customer outside the
home service
provider's
licensed service area.
(B) "Home service provider" means a facilities-based carrier or reseller
with which the
customer
contracts for the provision of mobile telecommunications services.
(C) "Mobile telecommunications service" means commercial mobile radio
service as
defined
in 47 CFR 20.3 in effect on June 1, 1999.
(D) "Place of primary use" means the street address representative of
where the
customer's
use of the mobile telecommunications service primarily occurs, which must be:
(I) The residential street address or the primary business street address of
the customer;
and
(II) Within the licensed service area of the home service provider.
(iii) All other definitions and provisions of the Mobile Telecommunications Act
as
provided
in 4 U.S.C. sections 116 -- 126 are adopted.
(10) The furnishing of service for transmission of messages by telegraph,
cable, or radio
and the
furnishing of community antenna television, subscription television, and cable
television
services.
(11) The rental of living quarters in any hotel, rooming house, or tourist camp.
(12) The transfer for consideration of prepaid telephone calling arrangements
and the
recharge
of prepaid telephone calling arrangements. If the transfer or recharge of a
prepaid
telephone
calling arrangement does not take place at a vendor's place of business, the
transfer or
recharge
is conclusively determined to take place at the customer's shipping address, or
if there is
no item
shipped, at the customer's billing address or the location associated with the
customer's
mobile
telephone number. "Prepaid telephone calling arrangement" means and
includes a prepaid
telephone
calling card and/or the right to exclusively purchase telecommunications
services, that
must be
paid for in advance, that enables the origination of calls using an access number
and/or
authorization
code, whether manually or electronically dialed.
(e) "Tourist camp" means a place where tents, tent houses, camp
cottages, or cabins or
other
structures are located and offered to the public or any segment of the public for
human
habitation.
SECTION 4. This act
shall take effect upon passage.
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LC03294/SUB A
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