Report Title:
Enhanced 911 Services; Enhanced 911 Board
Description:
Lowers costs for cell phone subscribers by reducing the Wireless Enhanced 911 surcharge from 66 to 46 cents. Expands the membership and responsibilities of the Wireless Enhanced 911 Board.
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THE SENATE |
S.B. NO. |
832 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ENHANCED 911 SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 138, Hawaii Revised Statutes, is amended to read as follows:
"[[]CHAPTER 138[]]
ENHANCED 911 SERVICES FOR MOBILE PHONES
[[]§138-1[]]
Definitions. As used in this chapter, unless the context requires
otherwise:
"911" means the digits, address, internet protocol address, or other information used to access or initiate a call to a public safety answering point.
"911 system" means an emergency telephone system that does the following:
(1) Enables the user of a voice or data communications service connection to reach a public safety answering point by dialing 911;
(2) The voice communications service may be telephone service, computer service, wireless service, or other service which facilitates the placing of calls by persons in need of emergency services to a public safety answering point;
(3) The data communications service may be text message or some other service that transmits data exclusively; and
(4) Provides enhanced 911 service.
"Automatic location identification" means a wireless enhanced 911 service capability that enables the automatic display of information indicating the approximate geographic location of the wireless telephone used to place a 911 call in accordance with the Federal Communications Commission order.
"Automatic number identification" means [a
wireless] an enhanced 911 service capability that enables the
automatic display of the ten-digit [wireless] telephone number [used
to place a 911 call in accordance with the Federal Communications Commission
order.] or some other unique identifier from which a 911 call is placed.
"Board"
means the [wireless] enhanced 911 board established under this chapter.
["Commercial
mobile radio service" means commercial mobile radio service under sections
3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. 151
et seq., and the Omnibus Budget Reconciliation Act of 1993, P.L. 103-66, August
10, 1993, 107 Stat. 312.
"Commercial
mobile radio service connection" means each active wireless telephone
number assigned to a commercial mobile radio service customer, including
end-users of resellers whose place of primary use is within the State.
"Federal
Communications Commission order" means the original order issued in the
Federal Communications Commission Docket No. 94-102 governing wireless enhanced
911 service and any other Federal Communication Commission orders related to
the provision of wireless enhanced 911 service.]
"Call" means any communication, message, signal, or transmission.
"Communication service" means a service capable of accessing, connecting with, or interfacing with a 911 system, by dialing, initializing, or otherwise activating the 911 system by means of a local telephone device, cellular telephone device, wireless communication device, interconnected voice over Internet protocol (VoIP) device, or any other means.
"Communications service connection" means each telephone number assigned to a residential or commercial subscriber by a communications service provider, without regard to technology deployed.
"Communications service provider" means an entity that provides communications service to a subscriber.
"Database service provider" means a service supplier who maintains and supplies or contracts to maintain and supply an automatic information location database or master street address guide.
"Enhanced 911 fund" or "fund" means the special fund established by section 138-3.
"Enhanced 911 service costs" means all capital, nonrecurring, and recurring costs directly related to the implementation, operation, and administration of enhanced 911 services.
"Prepaid connections" means the sale of a telecommunications service that provides the right to utilize mobile wireless service, as well as other non-telecommunications services including the download of digital products delivered electronically, content and ancillary services, which is paid for in advance and sold in predetermined units of dollars of which the number of minutes declines with use of the services.
"Proprietary
information" means customer lists and other related information (including
the number of customers), technology descriptions, technical information, or
trade secrets, and the actual or developmental costs of [wireless]
enhanced 911 service that are developed, produced, or received internally by a
[wireless] communications service provider or by a provider's
employees, directors, officers, or agents.
"Public safety agency" means a functional division of the State or county that provides or has authority to provide, or a private entity contracted by a state or county agency that provides, firefighting, law enforcement, ambulance, medical, or other emergency services.
"Public safety answering point" means the public safety agency that receives incoming 911 calls and dispatches appropriate public safety agencies to respond to those calls.
"Reseller"
means a person or entity that purchases [commercial mobile radio service]
communications services from a [wireless] communications
service provider for the purpose of reselling [commercial mobile radio
service] communications services to end-users.
["Wireless
enhanced 911 commercial mobile radio service costs" means all capital,
nonrecurring, and recurring costs directly related to the implementation and
operation of phase I or phase II wireless enhanced 911 services pursuant to the
Federal Communications Commission order.
"Wireless
enhanced 911 fund" or "fund" means the statewide special fund
established to ensure adequate cost recovery for the deployment of phase I and
phase II wireless enhanced 911 service in Hawaii.
"Wireless
provider" means a person or entity that is authorized by the Federal
Communications Commission to provide facilities-based commercial mobile radio
service within the State.]
"Universal emergency number service" or "911 service" means public communications service that provides service users with the ability to reach a public safety answering point by accessing a 911 system.
"VoIP provider" means an entity that provides interconnected VoIP service.
[[]§138-2[]]
[Wireless enhanced] Enhanced 911 board. (a) There is
created within the department of accounting and general services, for
administrative purposes, [a wireless] an enhanced 911 board
consisting of [eleven] fourteen voting members; provided that the
membership shall consist of:
(1) The comptroller or the comptroller's designee;
(2) Three representatives from the wireless communications service providers, who shall be appointed by the governor as provided in section 26-34, except as otherwise provided by law;
(3) One representative each from the public safety answering points for Oahu, Hawaii, Kauai, Maui, and Molokai, who shall be appointed by the governor, as provided in section 26-34, except as otherwise provided by law, from a list of five names submitted by each respective public safety answering point;
(4) The consumer
advocate or the consumer advocate's designee; [and]
(5) One representative from a VoIP providers, who shall be appointed by the governor as provided in section 26-34, except as otherwise provided by law;
(6) One representative from a common local exchange carrier (CLEC) or other alternative communications service provider, who shall be appointed by the governor as provided in section 26-34, except as otherwise provided by law;
(7) The director or designee of the Hawaii public utilities commission; and
[(5)] (8)
One representative of the current wireline provider of enhanced 911.
(b)
[Six members] A simple majority shall constitute a quorum, whose
affirmative vote shall be necessary for all actions by the board.
(c) The chairperson of the board shall be elected by the members of the board by simple majority and shall serve a term of one year.
(d) The board shall meet upon the call of the chairperson, but not less than quarterly.
(e)
The members representing wireless, VoIP, and CLEC service providers
shall be appointed by the governor for terms of two years[, except that
terms of the two members initially appointed shall be for eighteen months].
(f) Each member shall hold office until the member's successor is appointed and qualified. Section 26-34 shall apply only insofar as it relates to succession, vacancies, and suspension of board members, and as provided in subsection (a).
(g) A member may vote by proxy submitted in writing to the board.
[g]
(h) The members shall serve without compensation. Members shall be
entitled to reimbursements from the [wireless] enhanced 911 fund for
reasonable traveling expenses incurred in connection with the performance of
board duties.
[h]
(i) The board or its chairperson, with the approval of the board, may
retain independent, third-party accounting firms, consultants, or other third
party to:
(1) Create reports, make payments into the fund, process checks, and make distributions from the fund, as directed by the board and as allowed by this chapter; and
(2) Perform administrative duties necessary to administer the fund or oversee operations of the board, including providing technical advisory support.
[i]
(j) The board shall develop reasonable procedures to ensure that all [wireless
providers] members receive adequate notice of board meetings and
information concerning board decisions.
[[]§138-3[]] [Wireless enhanced] Enhanced
911 fund. There is established outside the state treasury a special fund,
to be known as the [wireless] enhanced 911 fund, to be administered by
the board. The fund shall consist of amounts collected under section 138-4. [Moneys
paid into the fund are not general fund revenues of the State.] The board
shall place the funds in an interest-bearing account at any federally insured
financial institution, separate and apart from the general fund of the State. Moneys
in the fund shall be expended [exclusively] by the board for the
purposes of ensuring adequate [cost recovery] funding for the
deployment and sustainment of [phase I and phase II wireless]
enhanced 911 service and for expenses of administering the fund.
[[]§138-4[]] Surcharge. (a) A monthly [wireless]
enhanced 911 surcharge, subject to this chapter, shall be imposed upon each
commercial mobile radio and wireline access communications
service connection.
(b)
The effective date of the surcharge shall be July 1, 2004. The rate of
the surcharge shall be set at [66] 46 cents per month for each
commercial mobile radio communications service connection. The
surcharge shall have uniform application and shall be imposed on each [commercial
mobile radio] communications service connection operating within the
State except:
(1) Connections billed to federal, state, and county government entities; and
(2) Prepaid connections.
(c)
All [wireless] communications service providers and resellers
shall bill to and collect from each of their customers a monthly surcharge at
the rate established for each [commercial mobile radio] communications
service connection. The [wireless] communications service
provider or reseller may list the surcharge as a separate line item on each
bill. If a [wireless] communications service provider or
reseller receives a partial payment for a monthly bill from a [commercial mobile
radio] communications service customer, the [wireless] communications
service provider or reseller shall apply the payment against the amount the
customer owes the [wireless] communications service provider or
reseller, before applying the partial payment against the surcharge.
(d)
A [wireless] communications service provider that:
(1) Is collecting the surcharge and remitting appropriate portions of the surcharge to the fund pursuant to this chapter; and
(2) Has been requested by a public safety answering
point to provide [phase I or phase II wireless] enhanced 911 service in
a particular county or counties;
may
recover [wireless] enhanced 911 commercial mobile radio service costs as
provided in this chapter.
(e)
Each [wireless] communications service provider or reseller may
retain two per cent of the amount of surcharges collected to offset
administrative expenses associated with billing and collecting the surcharge.
(f)
A [wireless] communications service provider or reseller shall
remit to the [wireless] enhanced 911 fund, within sixty days after the
end of the calendar month in which the surcharge is collected, an amount that
represents the surcharges collected less amounts retained for administrative
expenses incurred by the [wireless] communications service
provider or reseller, as provided in subsection (e).
(g)
The surcharges collected by the [wireless] communications service
provider or reseller pursuant to this section shall not be subject to any tax,
fee, or assessment, nor are they considered revenue of the provider or
reseller.
(h)
Each customer who is subject to this chapter shall be liable to the State for
the surcharge until it has been paid to the [wireless] communications
service provider. [Wireless] Communications service
providers shall have no liability to remit surcharges that have not been paid
by customers. A [wireless] communications service provider or
reseller shall have no obligation to take any legal action to enforce the
collection of the surcharge for which any customer is billed. However, the
board may initiate a collection action against the customer. If the board
prevails in such a collection action, reasonable attorney's fees and costs
shall be awarded.
(i) At any time the members deem it necessary and appropriate, the board may meet to make recommendations to the legislature as to whether the surcharge and fund should be discontinued, continued as is, or amended.
(j)
When considering whether to discontinue, continue as is, or amend the fund or
surcharge, the board's recommendations shall be based on the latest available
information concerning costs associated with providing [wireless]
enhanced 911 service [in accordance with the Federal Communications
Commission order].
[[]§138-5[]]
[Recovery] Disbursements from the fund. (a) After
January 1, 2005, every public safety answering point shall be eligible to seek
[reimbursement] disbursements from the fund solely to pay for the
reasonable costs to lease, purchase, or maintain all necessary equipment, including
computer hardware, software, and database provisioning, required by the public
safety answering point to provide technical functionality for the [wireless]
enhanced 911 service [pursuant to the Federal Communications Commission
order. All other expenses necessary to operate the public safety answering
point, including but not limited to those expenses related to overhead,
staffing, and other day-to-day operational expenses, shall continue to be paid
through the general funding of the respective counties].
(b)
After January 1, 2005, each [wireless] communications service
provider may request reimbursement from the fund of [wireless] enhanced
911 [commercial mobile radio] service costs incurred; provided that the
costs:
(1) Are recoverable under section 138-4(d); and
(2) Have not already been reimbursed to the [wireless]
communications service provider from the fund.
In
no event shall a [wireless] communications service provider be
reimbursed for any amount above its actual [wireless] enhanced 911 [commercial
mobile radio] communications service costs allowed to be recovered
under section 138-4(d).
[(c)
After the expenses of the board are paid, the public safety answering points
shall be allocated two-thirds of the remaining balance of the fund. The
remaining one-third shall be available for wireless provider cost recovery. The
board shall determine the reimbursement amounts for the public safety answering
points, based on the limitations set forth in section 138-5(a). The
reimbursement level for each wireless provider shall be limited:
(1) To
the total contribution made by the wireless provider to the wireless provider
cost recovery portion of the fund; and
(2) As
provided in section 138-5(b).]
[[]§138-6[]] Report to the legislature. The
board shall submit an annual report to the legislature, including:
(1) The total aggregate surcharge collected by the State in the last fiscal year;
(2) The amount of disbursement from the fund;
(3) The recipient of each disbursement and a description of the project for which the money was disbursed;
(4) The conditions, if any, placed by the board on disbursements from the fund;
(5) The planned expenditures from the fund in the next fiscal year;
(6) The amount of any unexpended funds carried forward for the next fiscal year;
(7) A cost study to guide the legislature towards necessary adjustments to the fund and the monthly surcharge; and
(8) A progress report of jurisdictional readiness for
[wireless E911] enhanced 911 services, including public safety
answering points[, wireless providers,] and [wireline] communications
service providers. [The report shall include the status of requirements
outlined in the Federal Communications Commission Order 94-102 and subsequent
supporting orders related to phase I and phase II wireless 911 services.]
[[]§138-7[]] Audits. (a) During any
period in which [a wireless] an enhanced 911 surcharge is
imposed upon customers, the board may request an audited report prepared by an
independent certified public accountant that demonstrates that the request for
cost recovery from public safety answering points and [wireless] communications
service providers recovers only costs and expenses directly related to the
provision of [phase I or phase II wireless] enhanced 911 service as
authorized by this chapter. The cost of the audited reports shall be
considered expenses of the board. The board shall prevent public disclosure of
proprietary information contained in the audited report, unless required by
court order or appropriate administrative agency decision.
(b)
The board shall select an independent third party to audit the fund every two
years to determine whether the fund is being managed in accordance with this
chapter. The board may use the audit to determine whether the amount of the
surcharge assessed on each [commercial mobile radio] communications service
connection is required to be adjusted. The costs of the audit shall be an
administrative cost of the board recoverable from the fund.
[[]§138-8[]] Proprietary information. (a)
All proprietary information submitted to the board by any third party used by
the board in connection with its duties or any public safety answering point in
deploying [wireless] enhanced 911 service shall be retained in
confidence. Proprietary information submitted pursuant to this chapter shall
not be released to any person, other than to the submitting [wireless] communications
service provider or reseller, the board, or any independent, third-party
accounting firm retained by the board, without the express permission of the
submitting [wireless] communications service provider or
reseller. General information collected by the board shall be released or
published only in aggregate amounts that do not identify or allow
identification of numbers of subscribers or revenues attributable to an
individual [wireless] communications service provider.
(b)
The board, any third parties it may retain, and any public safety answering
point shall take appropriate measures to maintain the confidentiality of the
proprietary information that may be submitted by a [wireless] communications
service provider. The board shall hold all propriety information in
confidence and shall adopt reasonable procedures to prevent disclosure or
providing access to the proprietary information to the public and competitors,
including members of the board representing other [wireless] communications
service providers. Members of the board shall not disclose the information
to any third parties, including their employers, without the written consent of
the [wireless] communications service provider whose proprietary
information is to be disclosed.
(c)
A committee consisting of all board members, except the [three wireless]
communications service provider representatives, shall have the power to
act for the board on the specific matters defined by the board, when at least
two-thirds of the members of the board determine that a board action may be
conducted by the committee to prevent disclosure of proprietary information to the
[wireless] communications service provider representatives.
[[]§138-9[]] Limitation of liability. (a)
Notwithstanding any law to the contrary, in no event shall any [wireless]
communications service provider, reseller, or their respective
employees, directors, officers, assigns, affiliates, or agents, except in cases
of gross negligence or wanton and wilful misconduct, be liable for any civil
damages or criminal liability resulting from death or injury to a person or
from damage to property incurred by any person in connection with any act or
omission in developing, designing, adopting, establishing, installing,
participating in, implementing, maintaining, or providing access to [phase I
or phase II wireless] enhanced 911 or any other [wireless] communications
service intended to help persons obtain emergency assistance. In addition,
no [wireless] communications service provider, reseller, or their
respective employees, directors, officers, assigns, affiliates, or agents shall
be liable for civil damages or criminal liability in connection with the
release of customer information to any governmental entity, including any
public safety answering point, as required under this chapter.
(b)
In no event shall any public safety answering point, or its employees, assigns,
or agents, or emergency response personnel, except in cases of gross negligence
or wanton and wilful misconduct, be liable for any civil damages or criminal
liability resulting from death or injury to the person or from damage to
property incurred by any person in connection with any act or omission in the
development, installation, maintenance, operation, or provision of [phase I
or phase II wireless] enhanced 911 service.
[[]§138-10[]] Database or location
information. (a) Any [commercial mobile radio] communications
service location information obtained by any public safety answering point or
public safety agency or its personnel for public safety purposes is not a
government record open to disclosure under chapter 92F.
(b)
A person shall not disclose or use, for any purpose other than the [wireless]
enhanced 911 calling system, information contained in the database of the [wireless]
communications service provider's network portion of the [wireless]
enhanced 911 calling system established pursuant to this chapter, without the
prior written consent of the [wireless] communications service
provider.
[[]§138-11[]] Dispute resolution. (a) Any
[wireless] communications service provider, reseller, or public
safety answering point aggrieved by a decision of the board shall have the
right to petition the board for reconsideration within ten days following the
rendering of the board's decision. As part of its petition for
reconsideration, the aggrieved party may present any reasonable evidence or
information for the board to consider. The board shall render its decision on
the reconsideration petition as soon as reasonably possible, but no later than
thirty days after the reconsideration request is made.
(b)
An aggrieved party, following the completion of the reconsideration petition
process, upon agreement of the other party, may have the dispute resolved
through final and binding arbitration by a single arbitrator in accordance with
the [Wireless] Industry Arbitration Rules of the American Arbitration
Association. The costs of the arbitration, including the fees and expenses of
the arbitrator, shall be borne by the non prevailing party of any arbitration
proceeding. The arbitrator's decision shall be final and binding and may be
confirmed and enforced in any court of competent jurisdiction.
(c)
Nothing in this section shall preclude any [wireless] communications
service provider, reseller, or public safety answering point from pursuing
any existing right or remedy to which it is entitled in any court having
jurisdiction thereof.
[[]§138-12[]] Service contracts. A [wireless]
communications service provider shall not be required to provide [wireless]
enhanced 911 service until the [wireless] communications service
provider and the public safety answering point providing [wireless]
enhanced 911 service in the county or counties in which the [wireless] communications
service provider is licensed to provide [commercial mobile radio] communications
service have entered into a written agreement setting forth the basic terms of
service to be provided."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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By Request
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