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Developed and maintained by the Division of Legislative Automated Systems.
2006 SESSION
062762820Be it enacted by the General Assembly of Virginia:
1. That §§ 56-484.12 through 56-484.15 and § 56-484.17 of the Code of Virginia are amended and reenacted as follows:
§ 56-484.12. Definitions.
As used in this article, unless the context requires a different meaning:
"Automatic location identification" or "ALI" means a telecommunications network capability that enables the automatic display of information defining the geographical location of the telephone used to place a wireless Enhanced 9-1-1 call.
"Automatic number identification" or "ANI" means a telecommunications network capability that enables the automatic display of the telephone number used to place a wireless Enhanced 9-1-1 call.
"Board" means the Wireless E-911 Services Board created pursuant to this article.
"Chief Information Officer" or "CIO" means the Chief Information Officer appointed pursuant to § 2.2-2005.
"Coordinator" means the Virginia Public Safety Communications Systems Coordinator employed by the Division.
"CMRS" means mobile telecommunications service as defined in the federal Mobile Telecommunications Sourcing Act, 4 U.S.C. § 124, as amended.
"CMRS provider" means an entity authorized by the Federal Communications Commission to provide CMRS within the Commonwealth of Virginia.
"Division" means the Division of Public Safety Communications created in § 2.2-2031.
"Enhanced 9-1-1 service" or "E-911" means a service consisting of telephone network features and PSAPs provided for users of telephone systems enabling such users to reach a PSAP by dialing the digits "9-1-1." Such service automatically directs 9-1-1 emergency telephone calls to the appropriate PSAPs by selective routing based on the geographical location from which the emergency call originated and provides the capability for ANI and ALI features.
"FCC order" means Federal Communications Commission Order 94-102 (61 Federal Register 40348) and any other FCC order that affects the provision of E-911 service to CMRS customers.
"Local exchange carrier" means any public service company granted a certificate to furnish public utility service for the provision of local exchange telephone service pursuant to Chapter 10.1 (§ 56-265.1 et seq.) of Title 56.
"Place of primary use" has the meaning attributed in subsection M of § 58.1-3812.
"Public safety answering point" or "PSAP" means a facility (i) equipped and staffed on a 24-hour basis to receive and process E-911 calls or (ii) that intends to receive and process E-911 calls and has notified CMRS providers in its jurisdiction of its intention to receive and process such calls.
"VoIP service" means interconnected voice over Internet protocol service as defined in the Code of Federal Regulations, Title 47, Part 9, section 9.3, as amended.
"Wireless E-911 CMRS costs" means all reasonable, direct recurring and nonrecurring capital costs and operating expenses incurred by CMRS providers in designing, upgrading, leasing, purchasing, programming, installing, testing, administering, delivering, or maintaining all necessary data, hardware, software and local exchange telephone service required to provide wireless E-911 service, which have been sworn to by an authorized agent of a CMRS provider.
"Wireless E-911 fund" means a dedicated fund consisting of all moneys collected pursuant to the wireless E-911 surcharge, as well as any additional funds otherwise allocated or donated to the wireless E-911 fund.
"Wireless E-911 PSAP costs" means all reasonable
direct recurring and nonrecurring capital costs and operating expenses incurred
by a PSAP in designing, upgrading, leasing, purchasing, programming,
installing, testing, administering, delivering, or maintaining all necessary
data, hardware, software and local exchange telephone service required to
provide wireless E-911 service and direct personnel costs incurred in receiving
and dispatching wireless E-911 emergency telephone calls, which have been sworn
to by an authorized agent of the PSAP.
"Wireless E-911 service" means the E-911 service required to be provided by CMRS providers pursuant to the FCC order.
"Wireless E-911 surcharge" means a monthly fee of $0.75 billed by each CMRS provider and CMRS reseller on each CMRS number of a customer with a place of primary use in Virginia; provided, however, that any fee collected or paid pursuant to the third paragraph of subsection B of § 56-484.17 is not required to be billed.
§ 56-484.13. Wireless E-911 Services Board; membership; terms; compensation.
A. The Wireless E-911 Services Board is hereby created,
which. The Board shall plan, promote and assist in
offer assistance:
1. In the statewide development, deployment, and
maintenance of enhanced wireless emergency telecommunications services and
technologies. The Board shall similarly promote and assist in; and
2. In the development and deployment of enhanced wireline
emergency telecommunications services and technologies only in specific local
jurisdictions that are were not currently wireline E-911
capable by July 1, 2000.
The Board shall exercise the powers and duties conferred in this article.
B. The Wireless E-911 Services Board may promote and offer planning assistance:
1. In the statewide development, deployment, and maintenance of VoIP E-911 and any other future communications technologies accessing E-911 for emergency purposes;
2. To the Virginia Information Technologies Agency (VITA), and other stakeholder agencies, in the development and deployment of a statewide public safety network that will support future E-911 and other public safety applications; and
3. However, the Board shall seek funding from sources other than CMRS providers or customers of CMRS to support efforts that exceed the scope of wireless E-911 service.
C. The Board shall consist of 14 15
members as follows: the Chief Information Officer, who shall serve as chairman
of the Board; the Comptroller, who shall serve as the treasurer of the Board;
and the following twelve 13 members to be appointed by the
Governor: one member representing the Virginia Department of Emergency
Management, one member representing the Virginia State Police, one member
representing a local exchange carrier providing E-911 service in Virginia, two
members representing wireless service providers authorized to do business in
Virginia, two three county, city or town PSAP directors or
managers representing diverse regions of Virginia, one Virginia sheriff,
one chief of police, one fire chief, one emergency medical services manager,
and one finance officer of a county, city, or town.
C. Initial appointments to the Board shall be for the
following terms: four members shall serve five-year terms, four members shall
serve four-year terms, and four members shall serve three-year terms.
Thereafter, all D. All members appointed by the Governor shall serve
five-year terms. The CIO and the Comptroller shall serve terms coincident with
their terms of office. No gubernatorial appointee shall serve more than two
consecutive terms.
D E. A majority of the Board shall constitute a
quorum. The Board shall hold its first meeting on or before October 1, 2000,
and shall meet at least monthly through June 2002, and at least
quarterly thereafter, or at the call of its chairman.
E F. Members of the Board shall serve without
compensation; however, members of the Board shall be reimbursed for expenses as
provided in §§ 2.2-2813 through 2.2-2826.
F G. The Division shall provide staff support to
the Board. The Geographic Information Network Division created in § 2.2-2026
and the Virginia Department of Transportation shall provide such technical
advice as the Board requires.
§ 56-484.14. Powers and duties of Wireless E-911 Services Board.
The Board shall have the power and duty to:
1. Make and enter into all contracts and agreements necessary
or incidental to the performance of its duties and the execution of its powers,
including purchase agreements payable from (i) the Wireless E-911 Fund and (ii)
other moneys appropriated for the provision of enhanced wireline emergency
telecommunications 9-1-1 services only in specific local
jurisdictions that are not wireline E-911 capable as of July 1, 2000.
2. Pursue all legal remedies to enforce any provision of this article, or any contract entered into pursuant to this article.
3. Develop a comprehensive, statewide enhanced
wireless emergency telecommunications plan for implementing statewide enhanced
wireless emergency telecommunications services 9-1-1 plan for wireless
E-911, VoIP E-911, and any other future communications technologies accessing
E-911 for emergency purposes. In constructing and periodically updating
this plan as appropriate, the Board shall monitor trends and advances in
enhanced wireless, VoIP, and other emergency telecommunications
technology technologies, plan and forecast future needs for these
enhanced wireless emergency telecommunications technology
technologies, and formulate strategies for the efficient and effective
delivery of enhanced wireless emergency telecommunications 9-1-1
services in the future with the exclusion of traditional circuit-switched
wireline 9-1-1 service.
4. Develop and adopt regulations, in accordance with the
Administrative Process Act (§ 2.2-4000 et seq.), for funding enhanced wireless
emergency telecommunication services in the Commonwealth.
5. Grant such extensions of time for compliance with
the provisions of § 56-484.16 as the Board deems appropriate.
6 5. Take all steps necessary to inform the
public of the use of the digits "9-1-1" as the designated emergency
telephone number and the use of the digits "#-7-7" as a designated
non-emergency telephone number.
7 6. Report annually to the Governor, the Senate
Committee on Finance and the House Committee on Appropriations, and the
Virginia State Crime Commission on (i) the state of enhanced wireless
emergency telecommunications 9-1-1 services in the Commonwealth,
(ii) the impact of, or need for, legislation affecting enhanced wireless
emergency telecommunications 9-1-1 services in the Commonwealth, and
(iii) the need for changes in the Wireless E-911 funding mechanism
provided to the Board, as appropriate, and (iv) the sufficiency of other
moneys appropriated for the provision of enhanced wireline emergency
telecommunications services only in those local jurisdictions not wireline
capable as of July 1, 2000.
8 7. Provide advisory technical assistance to
PSAPs and state and local law enforcement, and fire and emergency medical
service agencies, upon request.
9 8. Collect, distribute, and withhold moneys
from the Wireless E-911 Fund as provided in this article.
10 9. Develop a comprehensive single, statewide
electronic addressing database to support geographic data and statewide base
map data programs pursuant to § 2.2-2027.
11 10. Receive such funds as may be appropriated
for purposes consistent with this article and such gifts, donations, grants,
bequests, or other funds as may be received from, applied for or offered by
either public or private sources.
12 11. Manage other moneys appropriated for the
provision of enhanced wireline emergency telecommunications services
only in specific local jurisdictions that are not wireline E-911 capable as of
July 1, 2000.
13 12. Perform all acts necessary, convenient or
desirable to carrying out the purposes of this article.
13. Drawing from the work of E-911 professional organizations, in its sole discretion, publish best practices for PSAPs. These best practices shall be voluntary and recommended by a subcommittee composed of PSAP representatives.
§ 56-484.15. Wireless Carrier E-911 Cost Recovery Subcommittee established.
A. There is hereby established a Wireless Carrier E-911 Cost Recovery Subcommittee of the Board. The Subcommittee shall (i) meet only to determine whether costs submitted by CMRS providers are reasonable and direct to the provision of wireless E-911 service and (ii) review only those documents necessary to determine whether costs submitted by CMRS providers are reasonable and direct to the provision of wireless E-911 service.
B. The Subcommittee shall consist of the following six
seven members from the Board: the representative of the Virginia State
Police; the two three PSAP directors or managers; the finance
officer of a county, city or town; the CIO, who shall serve as the
Subcommittee's chairman; and the Comptroller.
C. Staff to the Subcommittee shall be provided by the Division of Public Safety Communications created pursuant to § 2.2-2031.
D. Unless otherwise ordered by a court of competent jurisdiction, no member or staff of the Subcommittee shall release or disclose the contents of documents used to determine whether costs submitted by CMRS providers are reasonable and direct to the provision of wireless E-911 service.
§ 56-484.17. Wireless E-911 Fund; uses of Fund; enforcement; audit required.
A. There is hereby created in the state treasury a special
nonreverting fund to be known as the Wireless E-911 Fund (the Fund). The Fund
shall be established on the books of the Comptroller. Interest earned on moneys
in the Fund shall remain in the Fund and be credited to it. Any moneys
remaining in the Fund, including interest thereon, at the end of each fiscal
year shall not revert to the general fund but shall remain in the Fund. Except
as provided in § 2.2-2031, moneys in the Fund shall be used solely for
the purposes stated in subsections C through F D. Expenditures
and disbursements from the Fund shall be made by the State Treasurer on warrants
issued by the Comptroller upon written request signed by the Chief Information
Officer of the Commonwealth.
B. Each CMRS provider shall collect a wireless E-911 surcharge from each of its customers whose place of primary use is within the Commonwealth. In addition, the wireless E-911 surcharge shall be imposed on wireless customers who purchase prepaid CMRS service, subject to the provisions in this subsection. However, no surcharge shall be imposed on federal, state and local government agencies. A payment equal to all wireless E-911 surcharges shall be remitted within 30 days to the Board for deposit in the Fund. Each CMRS provider and CMRS reseller may retain an amount equal to three percent of the amount collected to defray the costs of collecting the surcharges. State and local taxes shall not apply to any wireless E-911 surcharge collected from customers. Surcharges collected from customers who do not purchase CMRS service on a prepaid basis shall be subject to the provisions of subsection K of § 58.1-3812.
For CMRS customers who do not purchase CMRS service on a prepaid basis, the CMRS provider and CMRS reseller shall collect the surcharge through regular periodic billing.
For CMRS customers who purchase CMRS service on a prepaid basis, the wireless E-911 surcharge shall be determined according to one of the following methodologies:
a. The CMRS provider and CMRS reseller shall collect, on a monthly basis, the wireless E-911 surcharge from each active prepaid customer whose account balance is equal to or greater than the amount of the surcharge; or
b. The CMRS provider and CMRS reseller shall divide its total earned prepaid wireless telephone revenue with respect to prepaid customers in the Commonwealth within the monthly E-911 reporting period by $50, multiply the quotient by the surcharge amount, and pay the resulting amount to the Board without collecting a separate charge from its prepaid customers for such amount; or
c. The CMRS provider and CMRS reseller shall collect the surcharge at the point of sale.
Collection of the wireless E-911 surcharge from or with respect to prepaid customers shall not reduce the sales price for purposes of taxes which are collected at point of sale.
C. To the extent of appropriated funds, Sixty
percent of the Wireless E-911 fund shall be distributed on a monthly basis to
the PSAPs according to the percentage of recurring wireless E-911 funding
received by the PSAP as determined by the Board. The Board shall calculate the
distribution percentage for each PSAP at the start of each fiscal year based on
the cost and call load data from the previous fiscal year and implement this
percentage by October 1 of the current year. Using thirty percent of the
Wireless E-911 fund, the Board shall provide full payment to PSAP
operators for all wireless E-911 PSAP costs and to CMRS providers of all
wireless E-911 CMRS costs. For these purposes (i) each PSAP operator shall
submit to the Board on or before October 1 of each year, an estimate of
wireless E-911 PSAP costs it expects to incur during its next fiscal year and
(ii) each CMRS provider shall submit to the Board on or before December 31
of each year an estimate of wireless E-911 CMRS costs it expects to incur
during the next fiscal year of counties and municipalities in whose
jurisdiction it operates. The Board shall review such estimates and advise each
PSAP operator and CMRS provider on or before the following March 1
whether its estimate qualifies for payment hereunder and whether the Wireless
E-911 Fund is expected to be sufficient for such payment during said fiscal
year. Each PSAP operator and CMRS provider shall notify the Board promptly
of any material change in its plans to provide wireless E-911 service. The
remaining 10% of the fund and any remaining funds for the previous fiscal year
from the 30% for CMRS providers shall be distributed to PSAPs or on behalf of
PSAPs based on grant requests received by the Board each fiscal year. The Board
shall establish criteria for receiving and making grants from the Fund, including
procedures for determining the amount of a grant and payment schedule; however,
the grants must be to the benefit of wireless E-911. Any grant funding that has
not been committed by the Board by the end of the fiscal year shall be
distributed to the PSAPs based on the same distribution percentage used during
the fiscal year in which the funding was collected; however, the Board may
retain some or all of this uncommitted funding for an identified funding need
in the next fiscal year.
D. The Board shall make such qualifying payments to each
PSAP operator and CMRS provider at the beginning of each calendar quarter of
such fiscal year or on an alternate schedule approved by the Board. If the
Wireless E-911 Fund is insufficient during any calendar quarter to make all
such qualifying payments, the Board shall prorate payments equally among all
PSAP operators and CMRS providers during such calendar quarter. Unpaid amounts
may be included in future funding requests to the Board.
E. After the end of each fiscal year, on a schedule
adopted by the Board, the Board shall audit the grant funding received by
all recipients to ensure it was utilized in accordance with the grant
requirements. For the fiscal year ending June 30, 2005, the Board shall determine
whether qualifying payments to PSAP operators and CMRS providers during the
preceding fiscal year exceeded or were less than the actual wireless E-911 PSAP
costs or wireless E-911 CMRS costs of any PSAP operator or CMRS provider. Each
PSAP operator or CMRS provider funding recipient shall provide such
verification of such costs as may be requested by the Board. Any overpayment
shall be refunded to the Board or credited to qualifying payments during
the then current fiscal year, on such schedule as the Board shall determine. If
payments are less than the actual costs reported, the Board may include the
additional funding with the next quarterly payment for in the
then current fiscal year.
F. Any estimate of wireless E-911 PSAP costs submitted to
the Board after October 1 and any estimate of wireless E-911 CMRS costs
submitted to the Board after December 31 of any year shall be reviewed by the
Board as described in subsection C to the extent practicable as determined by
the Board; however, any PSAP or CMRS costs submitted after the start of the
fiscal year shall not be considered by the Board. Qualifying payments based on
estimates submitted in accordance with the schedule set forth in subsection C
shall have priority for payment.
G. CMRS providers and PSAPs found by the Board to be using
the Wireless E-911 Fund moneys for purposes other than those authorized by the
Board shall be provided with written notice by the Board of such unauthorized
expenditures. Upon receipt of the notice, the named CMRS provider or PSAP shall
cease making any expenditure involving Wireless E-911 Fund moneys identified by
the Board as unauthorized. The CMRS provider or PSAP may petition and shall
receive a hearing before the Board within a reasonable time. At the Board's
discretion, the CMRS provider or PSAP shall be required to refund within 90
days any Wireless E-911 Fund moneys spent on unauthorized expenditures to the
Board for deposit into the Wireless E-911 Fund. CMRS providers or PSAPs who
fail to cease making unauthorized expenditures or fail to comply with a request
to refund Wireless E-911 Fund moneys shall be subject to a suspension of future
Wireless E-911 funding by the Board until such time as they comply with all
provisions of this article. Any action of the Board made pursuant to this
subsection shall be subject to appeal to the circuit court in which the CMRS
provider or PSAP is located, or to the Circuit Court for the City of Richmond.
H E. The Auditor of Public Accounts, or his
legally authorized representatives, shall annually audit the Wireless E-911
Fund. The cost of such audit shall be borne by the Board and be payable from
the Wireless E-911 Fund, as appropriate. The Board shall furnish copies of the
audits to the Governor, the Public Safety Subcommittees of the Senate Committee
on Finance and the House Committee on Appropriations, and the Virginia State
Crime Commission.
I F. The special tax authorized by § 58.1-3813.1
shall not be imposed on consumers of CMRS.