WIRELESSLEGISLATION FOR THE STATE OF COLORADO
COLORADO FIRSTREGULAR SESSION OF THE 61ST GENERAL ASSEMBLY
SENATE BILL 132
A BILL FOR AN ACT
CONCERNING THE PROVISION OFEMERGENCY SERVICES VIA TELEPHONE, AND, IN CONNECTION THEREWITH,PROVIDING A FUNDING MECHANISM FOR WIRELESS 9-1-1 SERVICE ANDGRANTING QUALIFIED IMMUNITY TO PROVIDERS OF EMERGENCY TELEPHONESERVICE.
Declares that dialing 9-1-1 is themost effective and familiar way the public has of seekingemergency assistance and that extending the availability of 9-1-1service to users of wireless (e.g., cellular) phones is in thepublic interest.
Defines and directs theimplementation of wireless automatic location identification(wireless ALI) and wireless automatic number identification(wireless ANI).
Authorizes local governments toimpose a charge for the support of public safety answering points(PSAPs) on wireless communications access, in the same manner andsubject to the same 70 cents-per-month cap as for the existingcharge on wireline exchange access facilities. Requires paritybetween the charges imposed on wireless and wireline access.Removes the current prohibition on imposing such charges on morethan 100 exchange access facilities within a governingbody?s jurisdiction.
Includes resellers in thedefinition of “service suppliers” who must collect andremit charges for the support of PSAPs. Limits expenditures ofmoneys collected through such charges to the purchase,installation, and maintenance of equipment and other directlyrelated costs of operating a PSAP, excluding personnel costsexcept in counties of 50,000 or less operating PSAPs underintergovernmental agreements.
Requires that wireless carriersand basic emergency service providers (BESPs) be reimbursed forthe equipment they must purchase to provide wireless ANI andwireless ALI at the request of local governments.
Grants BESPs, service suppliers,and their employees and agents immunity from liability forviolations of privacy, personal injury, and other claims arisingout of the operation of PSAPs except where injury is causedthrough intentional or grossly negligent conduct.
SECTION 1. Article 11 of title 29,Colorado Revised Statute, 1986 Repl. Vol., as amended, is amendedby the addition of a new section to read:
29-11-100.5. Legislativedeclaration – provision of emergency service to wireless serviceusers. The General Assembly hereby finds and declares thatdialing 9-1-1 is the most effective and familiar way the publichas of seeking emergency assistance. The amendments to thisarticle made in Senate Bill 97-132, enacted at the first regularsession of the sixty-first General Assembly, are intended toprovide a funding mechanism for 9-1-1 and enhanced 9-1-1 servicefor wireless service users. Enhanced 9-1-1 permits rapid responsein situations where callers are unable to relay their phonenumber or location. Public safety answering points will need tomake extensive changes in, and additions to, existing equipmentto provide enhanced 9-1-1 service to wireless service users. Todo so, public safety answering points must have the resources topurchase and update equipment, software, and training. Amechanism for recovery of costs reasonably incurred by wirelesscarriers, service suppliers, and basic emergency serviceproviders in the acquisition and transmission of 9-1-1information to public safety answering points is necessary toensure that wireless service users receive the same level of9-1-1 service as wireline service users. Nothing in this articleshould be construed to alter the method of regulation orderegulation of providers of telecommunications service as setforth in Article 15 of Title 40, C.R.S.
SECTION 2. 29-11-101 (1), (2),(7), (8), AND (9), Colorado Revised Statutes, 1986 Repl. Vol.,are amended, and the said 29-11-101 is further amended by theaddition of the following new subsections, to read:
29-11-101. Definitions, As used inthis article, unless the context otherwise requires:
(1) “Emergencytelephone charge” means a charge to pay the equipment costs,the installation costs, and the directly related costs of thecontinued operation of an emergency telephone service accordingto the rates and schedules filed by the public utilitiescommission, if applicable. “Basic emergencyservice provider” (“BESP”) means any personauthorized by the commission to undertake the aggregation andtransportation of 9-1-1 calls to a PSAP.
(1.3) “COMMISSION” OR”PUBLIC UTILITIES COMMISSION” means the PublicUtilities Commission of the State of Colorado, created in Section40-2-101, C.R.S.
(1.7) “EMERGENCY TELEPHONECHARGE” means a charge to pay the equipment costs, theinstallation costs, and the directly related costs of thecontinued operation of an emergency telephone service accordingto the rates and schedules filed with the Public UtilitiesCommission, if applicable.
(2). “Emergency telephoneservice” means a telephone system utilizing the singlethree-digit 911 9-1-1 for reportingpolice, fire, medical, or other emergency situations.
(6.5) “PUBLIC SAFETYANSWERING POINT” (“PSAP”) means a facilityequipped and staffed on a 24-hour basis to receive and process9-1-1 calls.
(6.7) “RATES” meansthe rates billed by a service supplier as stated in the servicesupplier?s tariffs which rates have been approved by thepublic utilities commission and which represent the servicesupplier?s recurring charges for exchange access facilitiesor their equivalent, exclusive of all taxes, fees, licenses, orsimilar charges.
(7) “Service supplier”means any person providing exchange telephone services and anyperson who is provided telecommunications service via wirelesscarrier in this state.
(8) “Service user” meansany person who is provided exchange telephone service and anyperson who is provided telecommunications service via wirelesscarrier in this state.
(9) “Tariffrates” means the rates billed by a service supplier asstated in the service supplier?s tariffs which rates havebeen approved by the Public Utilities Commission and whichrepresent the service supplier?s recurring charges forexchange access facilities or their equivalent, exclusive of alltaxes, fees, licenses, or similar charges.
(10) “TELECOMMUNICATIONSSERVICE” has the meaning setforth in Section 40-15-102 (29),C.R.S.
(11) “WIRELESS AUTOMATICLOCATION IDENTIFICATION” (“Wireless ALI”) meansthe automatic display, on equipment at the PSAP, of the locationof the wireless service user initiating a 9-1-1 call to the PSAP.
(12) ?WIRELESS AUTOMATICNUMBER IDENTIFICATION” (“Wireless ANI”) means themobile identification number of the wireless service userinitiating a 9-1-1 call to the PSAP.
(13) “WIRELESSCOMMUNICATION ACCESS” means the radio equipment and assignedmobile identification number used to connect a wireless customerto a wireless carrier for two-way interactive voice orvoice-capable services.
(14) “WIRELESSCARRIER” means a cellular license, a personal communicationsservice licensee, and certain specialized mobile radio providersdesignated as covered carriers by the Federal CommunicationsCommission in 47 C.F.R. 20.18 and any successor to such rule.
SECTION 3. 29-11-102 (1) (b), (2)(3), and (7), Colorado Revised Statutes, 1986 Repl. Vol., asamended, are amended to read:
29-11-102. Imposition of charge -liability of user for charge – collection provided for territorywhich is included in whole or in part in the jurisdiction of thegoverning bodies of two or more public agencies which are theprimary providers of emergency fire fighting, law enforcement,ambulance, emergency medical, or other emergency services, theagreement for such service with a service supplierBESP or any equipment supplier shall be entered into byeach such governing body unless any such body expressly excludesitself therefrom. Any such agreement shall provide that eachgoverning body which that is a customerof such service shall make payment therefor from charges imposedunder paragraph (a) of this subsection (1), unless all suchcustomers make payments therefor from general revenues. Nothingin this paragraph (b) shall be construed to prevent two or moresuch governing bodies from entering into a contract under part 2of article 1 of this title and to establish a separate legalentity thereunder to enter into such an agreement as the customerof the service supplier BESPor any equipment supplier.
(2) (a) The governing body ishereby authorized, by ordinance in the case of cities and byresolution in the case of counties or special districts, toimpose such charges in an amount not to exceed seventy cents permonth per exchange access facility and seventy cents per monthper wireless communications access in those portions of thegoverning body?s jurisdiction for which emergency servicewill be provided.
(b) In the event the governingbody determines that a charge in excess of seventy cents permonth is necessary in order to provide continued and adequateemergency telephone service, the governing body shall obtain fromthe public utilities commission approval of such higher chargebefore the imposition thereof.
(c) Regardless of the level atwhich the charge is set, the amount of the charge imposed perexchange access facility and the amount of the charge imposed perwireless communications access shall be equal.
(d) The proceeds of the chargeshall be utilized to pay for emergency telephone service, as setforth on section 29-11-104 (2), and may be imposed at any timesubsequent to the execution of an agreement with the provider ofsuch service at the discretion of the governmental entity.
(3) No such charge shallbe imposed upon more than 100 hundred exchange access facilitiesor their equivalent per customer billing. Such chargeshall be imposed only upon service users whose address isin those portions of the governing body?s jurisdiction forwhich emergency telephone service shall be provided; however,such charge shall not be imposed upon any state or localgovernmental entity.
(7) Any charge imposed under theauthority of this section shall be collected insofar aspracticable at the same time as, and along with, the charges forthe tariff rate inaccordance with the regular billing practice of the servicesupplier. The tariff rates determined by orstated on the billing of the service supplier are presumed to becorrect if such charges were made in accordance with the servicesupplier?s business practices. The presumption may berebutted by evidence which establishes that an incorrect tariffrate was charged.
SECTION 4. 29-11-103 (3), ColoradoRevised Statutes, 1986 Repl. Vol., is amended to read:
29-11-103. Remittance of charge togoverning body – administrative fee – establishment of rate ofcharge. (3) At least once each calendar year, the governing bodyshall establish a rate of charge, not to exceed the amountauthorized, that together with any surplus revenues carriedforward will produce sufficient revenues to fund the expendituresauthorized by this article. Amounts collected in excess of suchnecessary expenditures within a given year shall be carriedforward to subsequent years and shall be used in accordancewith Section 29-11-104 (2). The governing body shall make itsdetermination of such rate each year no later than September 1and shall fix the new rate to take effect commencing with thefirst billing period of each customer on or following the nextJanuary 1. Immediately upon its making such determination andfixing such rate, the governing body shall publish in its minutesthe new rate, and it shall notify by registered mail everyservice supplier at least ninety days before such new rate willbecome effective. The governing body may, at its own expense,require an annual audit of the service supplier?s books andrecords concerning the collection and remittance of the chargeauthorized by this article.
SECTION 5. 29-11-104 (2) and (3).Colorado Revised Statutes, 1986 Repl. Vol., as amended, areamended, and the said 29-11-104 is further amended BY THEADDITION OF A NEW SUBSECTION, to read:
29-11-104. Agreements or contractsfor emergency telephone service – use of funds collected. (2) (a)(I) Except as otherwise provided in paragraphs (b) and (c) ofthis subsection (2), funds collected from the chargecharges imposed pursuant to this article shall be spentsolely to pay for: the equipment costs, for theinstallation costs, and for the monthly recurring charges billedby service supplier for emergency telephone service, and,
(A) costs of equipment andinstallation thereof;
(B) monthly recurring chargesof service suppliers and basic emergency service providers(BESPS) for the emergency telephone service, which charges shallbe billed by the BESP to the governing body of each jurisdictionin which it provides service;
(C) reimbursement of the costsof wireless carriers and BESPS for equipment changes necessaryfor the provision or transmission of wireless ANI or wireless ALIto a public service answering point; and
(D) other costs, excludingpersonnel costs, directly related to the continued operation ofpublic service telephone service.
(II) If moneys are available aftersuch charges the costs and charges enumeratedin subparagraph (I) of this paragraph (A) are fully paid,such funds may be expended for emergency medical servicesprovided by telephone,
(b) In a county with a populationof fifty thousand or less that has entered into a cooperativeintergovernmental agreement for the provision of emergencytelephone service, funds collected from the chargecharges imposed pursuant to this article may also be spentfor personnel expenses necessarily incurred for a public safetyanswering point. As used in this paragraph (b) “personnelexpenses necessarily incurred” includes only expensesincurred for:
(I) Persons employed to takeemergency telephone calls and relay them to theappropriate dispatcher dispatch them appropriately;and
(II) Person employed to maintainthe computer data base of the public safety answering point.
(c) For purposes of paragraph (b)of this subsection (2), the population of a county shall bedetermined by the most recent available estimate by the divisionof planning in the department of local affairs.
(3) Funds collected from the chargecharges imposed pursuant to this article shall be creditedto a cash fund, apart from the general fund of the public agency,for payments pursuant to subsection (2) of this section. Anymoneys remaining in such a cash fund at the end of any fiscalyear shall remain therein for payments during any succeedingyear; except that, if such emergency telephone service isdiscontinued, moneys remaining in the fund after all payments tothe service supplier suppliers, basicemergency service providers, and all equipment supplierspursuant to subsection (2) of this section have been made shallbe transferred to the general fund of the public agency orproportionately to the general fund of each participating publicagency.
(4) A wireless carrier or BESPthat provides wireless ALI or wireless ANI services at therequest of a governing body and pursuant to a contract betweenthe wireless carrier or BESP and the governing body shall bereimbursed by such governing body or its designee for the costsincurred in making any equipment changes necessary for theprovision of such services.
SECTION 6. Article 11 of title 29,Colorado Revised Statutes, 1986 Repl. Vol., as amended, isamended BY THE ADDITION OF A NEW SECTION, to read:
29-11-105. Immunity ofproviders. No basic emergency service provider or servicesupplier and no employee or agent thereof shall be liable to anyperson or entity for infringement or invasion of the right ofprivacy of any person caused or claimed to have been caused,directly or indirectly, by any act or omission in connection withthe installation, operation, maintenance, removal, presence,condition, occasion, or use of emergency service features,automatic number identification (ANI) or Automatic LocationIdentification (ALI) service and the equipment associatedtherein, including without limitation the identification of thetelephone number, address, or name associated with the telephoneused by the party or parties accessing 9-1-1 service, ANIservice, or ALI service, and that arise out of the negligence orother wrongful act of the provider or supplier; the customer; thegoverning body or any of its users, agencies, or municipalities;or employee or agent of any said persons and entities. Inaddition, no provider or supplier or any employee or agentthereof shall be liable for any damages in a civil action forinjuries, death, or loss to person or property incurred as aresult of any act or omission of such provider, supplier,employee, or agent in connect with developing, adopting,implementing, maintaining, enhancing, or operating an emergencytelephone service unless such damage or injury was intentionallycaused by or resulted from gross negligence of the provider,supplier, employee, or agent.
SECTION 7. No appropriation. Thegeneral assembly has determined that this act can be implementedwithin existing appropriations, therefore no separateappropriation of state moneys is necessary to carry out thepurposes of this act.
SECTION 8. Safety cause. Thegeneral assembly hereby finds, determines, and declares that thisact is necessary for the preservation of the public peace,health, and safety.