Introduced By: Senators Polisena, Damiani and Ruggerio
Date Introduced : February 10, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 39-21.1-10, 39-21.1-12, 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:
39-21.1-10. Development by the communications division of
a statewide plan and technical standards. -- (a) On or
before July 1, 1987, the {ADD E ADD} 911 {DEL authority DEL}
{ADD uniform emergency telephone system division ADD}, shall publish
an overall plan which it has developed for implementing 911 service
in Rhode Island in accordance with the provisions of this chapter.
The plan shall include technical and operational standards for
911 systems. Public agencies shall comply with these standards.
(b) The {ADD E ADD} 911 {DEL authority DEL} {ADD uniform emergency
telephone system division ADD}, or any other agency that may replace
it may promulgate rules and regulations related to {DEL public
agencies DEL} {ADD telecommunication service providers ADD} as
are just and reasonable and in the public interest to implement
the provisions of this chapter.
39-21.1-12. Enforcement of compliance by judicial proceedings.
-- The attorney general shall, at the request of the {ADD E ADD}
911 {DEL authority DEL} {ADD uniform emergency telephone
system division ADD}, or any other agency that may replace it,
or on its own initiative, commence judicial proceedings in the
superior court against any public agency, municipality, or {DEL common
carrier DEL} {ADD telecommunication services provider ADD} providing
{DEL telephone service DEL} {ADD communication services ADD}
to enforce the provisions of this chapter.
39-21.1-14. Funding. -- (a) A monthly surcharge
of forty-seven cents ($.47) is hereby levied upon each residence
and business {DEL main DEL} telephone {DEL exchange DEL}
line {ADD or trunk in the state including PBX trunks and centrex
equivalent trunks and each line or trunk serving ADD}, and upon
each user interface number or extension number or similarly identifiable
line, trunk, or path to or from a digital network (such as, but
not exclusive of, integrated services digital network (ISDN){DEL)DEL}.
Flexpath or comparable digital private branch exchange {DEL)DEL}{ADD,ADD}
or {ADD connecting ADD} to or from a customer-based or dedicated
telephone switch site (such as, but not exclusive of, a private
branch exchange (PBX)), or {ADD connecting ADD} to or from a customer-based
or dedicated central office (such as, but not exclusive of, a
centrex system but exclusive of trunks and lines provided to wireless
communication companies) {ADD . ADD} {DEL in the state. DEL}
The surcharge shall be billed by each {DEL telephone common
carrier DEL} {ADD telecommunication services provider ADD} and
shall be payable to the {DEL telephone common carrier DEL}
{ADD telecommunication services provider ADD} by the subscriber of
the {DEL telephone DEL} {ADD telecommunication ADD} service {ADD s ADD}.
A monthly surcharge of forty-seven cents ($.47) is hereby levied
effective September 1, 1997, on each wireless telecommunication
instrument or device which has access to, connects with, or interfaces
with the E 9-1-1 Uniform Emergency Telephone System. The surcharge
shall be billed by each telecommunication services provider and
shall be payable to the telecommunication services provider by
the subscriber.
(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 the {DEL telephone common carrier DEL}
{ADD each telecommunication services provider of wireline communication
services ADD} shall be transferred within sixty (60) days after
its inception of communications services in this state and every
month thereafter, to the general treasury, together with the accrued
interest and shall be kept in the E 9-1-1 emergency services fund,
a designated account for the
operation of the E 9-1-1 system. The money collected by {DEL the DEL}
{ADD each ADD} telecommunication services provider {ADD of wireline
communication services ADD} shall be transferred within ninety
(90) days {DEL . After DEL} {ADD , after ADD} 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.
(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 {DEL 911 authority DEL}
{ADD E 911 uniform emergency telephone system division ADD} 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 amounts accumulated in the E 9-1-1 emergency services fund
may be used {DEL as DEL} {ADD are ADD} rent, {ADD lease, purchase,
improve, construct, ADD} maintenance, repair, and utilities for
the {ADD equipment and ADD} site or sites occupied by the E 9-1-1
uniform emergency telephone system{DEL:DEL}{ADD;ADD} 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 {DEL authority DEL} {ADD division ADD}; 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 {DEL authority DEL} {ADD division ADD}.
(h) Any unexpended funds in the E 9-1-1 emergency services fund account at the end of the fiscal year may not lapse but must be carried forward to be expended for the purposes described in this section.
(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.
SECTION 2. Section 39-21-4 of the General Laws in Chapter 39-21 entitled "E-911 Uniform Emergency Telephone System Division" is hereby amended to read as follows:
39-21-4. Advisory commission. -- (a) There shall
be an E-911 uniform emergency telephone system advisory commission
consisting of {DELeleven (11)DEL} {ADD fourteen (14) ADD}members to be appointed in the following
manner: {DEL three (3) DEL} {DEL four (4) DEL} {ADD five (5) ADD} members shall
be the director of the department of health or his or her designee,
the fire marshal or his or her designee {DEL , and DEL}
the colonel of the Rhode Island state police or his or her designee {DEL ; DEL}
{ADD , the state telecommunications director or his or her designee, and the administrator of the division of public utilities
and carriers or his or her designee; ADD} {DELtwo (2) DEL} {ADD three (3) ADD}
members shall
be appointed by the speaker of the house: one of whom shall be
a member of the house of representatives, and one of whom shall
be representative of the police chiefs' association {ADD, and one of whom shall be a representative of the telecommunication services provided that is the primary provider to the E 9-1-1 PSAPADD}; {DELtwo (2) DEL} {ADD three (3) ADD}
members
shall be appointed by the senate majority leader: one of whom
shall be a member of the senate, one of whom shall be representative
of the fire chiefs' association{ADD, one of whom shall be a representative of the wireless telecommunication industryADD}; and {DEL four (4) DEL}
{ADD three (3) ADD} members shall be appointed by the governor: two
(2) of whom shall be representatives of the public, one of whom
shall be representative of the Rhode Island league of cities and
towns {ADD . ADD} {DEL , and one of whom shall be representative
of New England telephone and telegraph company. DEL}
(b) Members of the commission shall serve five (5) year terms, except for ex officio members.
(c) The advisory commission may make such recommendations and give such advice to the executive director of the division as it deems appropriate.
SECTION 3. This act shall take effect upon passage.
