WIRELESS LEGILSATION FOR THE STATE OF LOUISIANA - National Emergency Number Association

HOUSE BILL 238

AN ACT

To amend and reenact R.S.33:9102(B) and to enact Part V of Chapter 31 of Title 33 of theLouisiana Revised Statutes of 1950, to be comprised of R.S.33:9131.5, relative to the Allen Parish Communications District;to provide relative to the purposes of the district; to providerelative to enhancement of emergency telecommunications service;to provide relative to service charges collected by the districtincluding provisions relative to use of the proceeds from suchcharges, the telecommunications service users liable for suchcharges, the rate of such charges, and the collection andenforcement of such charges; and to provide for related matters.

Notice of intention to introducethis Act has been published as provided by Article III, Section13 of the Constitution of Louisiana.

TEXT: Be it enacted by theLegislature of Louisiana:

Section 1.R.S. 33:9102 (B) ishereby amended and reenacted and Part V of Chapter 31 of Title 33of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 33:9131.5, is hereby enacted to read as follows:

Section 9102. Purposes

It shall also be the purpose of the Assumption Parish Communications District, OF THE ALLEN PARISH COMMUNICATIONS DISTRICT, and of Caddo Parrish Communications District Number One to provide for other communication enhancements which will enable law enforcement and public safety agencies to decrease response time and improve effectiveness.

PART V. ALLEN PARISHCOMMUNICATIONS DISTRICT

SECTION 9131.5 ALLEN PARISHCOMMUNICATIONS DISTRICT; FUNDING; DEFINITIONS; EMERGENCYTELEPHONE SERVICE CHARGE.

AS USED IN THIS SECTION, THEFOLLOWING WORDS AND TERMS SHALL HAVE THE FOLLOWING MEANINGSUNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

“DISTRICT” MEANS THEALLEN PARISH COMMUNICATIONS DISTRICT CREATED PURSUANT TO R.S.33:9101.

“E911” MEANS ENHANCEDUNIVERSAL EMERGENCY NUMBER SERVICE OR ENHANCED 911 SERVICE THATIS A TELEPHONE EXCHANGE COMMUNICATIONS SERVICE WHEREBY A PUBLICSAFETY ANSWERING POINT (PSAP) DESIGNATED BY THE CUSTOMER MAYRECEIVE TELEPHONE CALLS DIALED TO THE TELEPHONE NUMBER 911. E911SERVICE INCLUDES LINES AND EQUIPMENT NECESSARY FOR THE ANWERING,TRANSFERRING, AND DISPATCHING OF PUBLIC EMERGENCY TELEPHONE CALLSORIGINATED BY PERSONS WITHIN THE SERVING AREA WHO DIAL 911 BUTDOES NOT INCLUDE DIAL TONE FIRST THAT MAY BE MADE AVAILABLE BYTHE SERVICE PROVIDER BASED ON THE ABILITY TO RECOVER THE COSTSASSOCIATED WITH ITS SERVICE PROVIDER BASED ON THE ABILITY TORECOVER THE COSTS ASSOCIATED WITH ITS IMPLEMENTATION.

“EXCHANGE ACCESSFACILITIES” MEANS ALL LINES OR THEIR EQUIVALENT WIRELESSSERVICE PROVIDED BY THE SERVICE SUPPPLIER FOR THE PROVISION OFLOCAL EXCHANGE SERVICE.

“FUND THE DISTRICT’MEANS PAY THE EXPENSES NECESSARY TO CARRY OUT ALL PURPOSES OF THEDISTRICT, INCLUDING BUT NOT LIMITED TO IDENTIFICATION OF ALLSTREETS, ROADS, HIGHWAYS AND DWELLING PLACES IN THE DISTRICT, ANDTO PROVIDE FOR OTHER COMMUNICATION ENHANCEMENTS FOR LAWENFORCEMENT AND PUBLIC SAFETY AGENCIES TO DECREASE RESPONSE TIMEAND IMPROVE EFFECTIVENESS PURSUANT TO R.S. 33:9102 AND SUBSECTIOND OF THIS SECTION.

“SERVICE SUPPLIER”MEANS ANY PERSON PROVIDING A LANDLINE EXCHANGE TELEPHONE SERVICEOR CELLULAR TELEPHONE OR TELECOMMUNICATIONS SERVICE, SPECIALIZEDMOBILE RADIO SERVICE, PERSONAL COMMUNICATIONS SERVICE, OR ANYFORM OF WIRELESS TELEPHONE OR TELECOMMUNICATIONS SERVICE NOW INEXISTENCE AND THAT MAY BE PROVIDED OR DEVELOPED IN THE FUTUREPROVIDED THAT SUBSCRIBERS TO SUCH SERVICES IN THE DISTRICT HAVEACCESS TO AND CAN UTILIZE A 911 EMERGENCY TELEPHONE SYSTEM.

“SERVICE USER” MEANSANY PERSON, NOT OTHERWISE EXEMPT FROM TAXATION, WHO IS PROVIDED ALANDLINE EXCHANGE TELEPHONE SERVICE OR CELLULAR TELEPHONE ORTELECOMMUNICATIONS SERVICE, SPECIALIZED MOBILE RADIO SERVICE,PERSONAL COMMUNICATIONS SERVICE, OR ANY FORM OF WIRELESSTELEPHONE OR TELECOMMUNICATIONS SERVICE NOW IS EXISTENCE AND THATMAY BE PROVIDED OR DEVELOPED IN THE FUTURE, PROVIDED THATSUBSCRIBERS TO SUCH SERVICES IN THE DISTRICT HAVE ACCESS TO ANDCAN UTILIZE A 911 EMERGENCY TELEPHONE SYSTEM.

“TARIFF RATE” MEANSTHE RATE OR RATES, AS STATED IN THE LANDLINE EXCHANGE TELEPHONESERVICE SUPPLIER’S TARIFFS AND APPROVED BY THE PUBLICSERVICE COMMISSION, THAT REPRESENT THE SERVICE SUPPLIER’SRECURRING CHARGES FOR EXCHANGE ACCESS FACILITIES, EXCLUSIVE OFALL TAXES, FEES, LICENSES, OR SIMILAR CHARGES WHATSOEVER. IFLANDLINE EXCHANGE ACCESS FACILITIES ARE PROVIDED BY THE LANDLINE,EXCHANGE TELEPHONE SERVICE SUPPLIER UNDER BOTH FLAT ANDUSAGE-SENSITIVE RATE SCHEDULES, THE FLAT RATES SHALL BECONSIDERED THE “TARIFF RATE”.

(1) THE GOVERNING AUTHORITY OFTHE DISTRICT MAY, WHEN SO AUTHORIZED BY A VOTE OF A MAJORITY OFTHE PERSONS VOTING WITHIN THE DISTRICT IN ACCORDANCE WITH LAW,LEVY AN EMERGENCY TELEPHONE SERVICE CHARGE. THE DISTRICTGOVERNING AUTHORITY MAY, UPON ITS OWN INITIATIVE, CALL SUCH ASPECIAL ELECTION. ANY SUCH SERVICE CHARGE SHALL:

HAVE UNIFORM APPLICATION AMONGSERVICE USERS OF THE SAME CLASSIFICATION

BE IMPOSED THROUGHOUT THEENTIRETY OF THE DISTRICT TO THE GREATEST EXTENT POSSIBLE INCONFORMITY WITH AVAILABILITY OF SUCH SERVICE IN ANY AREA OF THEDISTRICT.

(2) SUCH SERVICE CHARGE TO ALLSERVICE USERS SHALL BE LEVIED ON A UNIFORM FLAT-FEE SCHEDULE OFFIXED RATES FOR RESIDENTIAL, COMMERCIAL, AND CELLULAR OR OTHERWIRELESS TELECOMMUNICATIONS SERVICE, INCLUDING SPECIALIZED MOBILERADIO SERVICE. SUCH SERVICE CHARGE MAY NOT EXCEED ONE DOLLAR PERMONTH FOR EACH WIRED OR WIRELESS RESIDENTIAL LINE AND TWO DOLLARSPER MONTH FOR EACH WIRED OR WIRELESS BUSINESS LINE. THE MONTHLYSERVICE CHARGE FOR CELLULAR OR NONFIXED LOCATION WIRELESSTELECOMMUNICATIONS SERVICE, INCLUDING SPECIALIZED MOBILE RADIOSERVICE, SHALL NOT EXCEED THE AMOUNT OF THE RESIDENTIAL CHARGEUNLESS A HIGHER RATE HAS BEEN APPROVED BY A MAJORITY OF THEPERSONS VOTING ON SUCH QUESTION AT AN ELECTION HELD FOR SUCHPURPOSE WITHIN THE DISTRICT.

(3) FOR CELLULAR OR OTHERNONFIXED LOCATION WIRELESS TELECOMMUNICATIONS SERVICE USERS, SUCHSERVICE CHARGE SHALL BE ASSESSED AGAINST EACH CELLULAR OR OTHERWIRELESS PHONE NUMBER FOR WHICH THE BILLING OR SERVICE ADDRESS ISWITHIN THE BOUNDARIES OF THE DISTRICT.

(4) THE DISTRICT SHALL NOT BEREQUIRED TO CONVERT FROM SERVICE CHARGES BASED ON A PERCENTAGE OFTHE TARIFF RATE TO FLAT-RATE SERVICE CHARGES. IF THE DISTRICT ISSERVED BY MORE THAN ONE SUPPLIER THEN SUCH SERVICE CHARGE SHALLNOT EXCEED FIVE PERCENT OF THE HIGHEST TARIFF RATE. IF THEEMERGENCY TELEPHONE SERVICE CHARGE IS BASED ON A PERCENTAGE OFTARIFF AND THE APPLICABLE TARIFF RATE IS REPEALED OR NO LONGERUTILIZED, THE SERVICE CHARGE SHALL CONVERT TO A FLAT RATE WHICHEQUALS THE FORMER TARIFF-BASED RATE. THE DISTRICT MAY CONVERT TOFLAT-RATE CHARGES THAT DO NOT EXCEED ITS PREVIOUSLY AUTHORIZEDRATE WITHOUT NECESSITY OF VOTER APPROVAL. IN ORDER FOR THEDISTRICT TO ADOPT FLAT-RATE SERVICE CHARGES WHICH EXCEED THEPREVIOUSLY AUTHORIZED TARIFF-BASED RATE, SUCH INCREASE MUST FIRSTBE AUTHORIZED BY A VOTE OF A MAJORITY OF THE PERSONS VOTINGWITHIN THE DISTRICT. ANY SUCH RATE INCREASE SHALL EXPIRE INFIFTEEN YEARS UNLESS REAUTHORIZED BY A VOTE OF A MAJORITY OF THEPERSONS VOTING WITHIN THE DISTRICT.

(5) IF THE PROCEEDS GENERATEDBY AN EMERGENCY TELEPHONE SERVICE CHARGE EXCEED THE AMOUNT OFMONIES NECESSSRY TO FUND THE DISTRICT, THE DISTRICT GOVERNINGAUTHORITY SHALL, BY ORDINANCE, REDUCE THE SERVICE CHARGE RATE TOAN AMOUNT ADEQUATE TO FUND THE DISTRICT. IN LIEU OF REDUCING THESERVICE CHARGE RATE, THE DISTRICT GOVERNING AUTHORITY MAY SUSPENDSUCH SERVICE CHARGE, IF THE REVENUES GENERATED THEREFROM EXCEEDTHE AMOUNT OF MONIES NECESSARY TO FUND THE DISTRICT.

(6) (A) NO SUCH SERVICE CHARGESHALL BE IMPOSED UPON MORE THAN ONE HUNDRED EXCHANGE ACCESSFACILITIES PER PERSON PER LOCATION.

EVERY BILLED SERVICE USER SHALLBE LIABLE FOR ANY SERVICE CHARGE IMPOSED UNDER THIS SUBSECTIONUNTIL IT HAS BEEN PAID TO THE SERVICE SUPPLIER. THE DUTY OF THESERVICE SUPPLIER TO COLLECT ANY SUCH SERVICE CHARGE SHALLCOMMENCE UPON THE DATE OF ITS IMPLEMENTATIN, WHICH SHALL BESPECIFIED IN THE ORDINANCE OR RESOLUTION CALLING THE ELECTION.ANY SUCH EMERGENCY TELEPHONE SERVICE CHARGE SHALL BE ADDED TO ANDMAY BE STATED SEPARATELY IN THE BILLING BY THE SERVICE SUPPLIERTO THE SERVICE USER.

(7) (A) THE SERVICE SUPPLIERSHALL HAVE NO OBLIGATION TO TAKE ANY LEGAL ACTION TO ENFORCE THECOLLECTION OF ANY EMERGENCY TELEPHONE SERVICE CHARGE HOWEVER, THESERVICE SUPPLIER SHALL ANNUALLY PROVIDE THE DISTRICT GOVERNINGAUTHORITY WITH A LIST OF THE AMOUNT UNCOLLECTED, TOGETHER WITHTHE NAMES AND ADDRESSES OF THOSE SERVICE USERS WHO CARRY ABALANCE THAT CAN BE DETERMINED BY THE SERVICE SUPPLIER TO BENONPAYMENT OF SUCH SERVICE CHARGE. THE SERVICE CHARGE SHALL BECOLLECTED AT THE SAME TIME AS THE TARIFF RATE OR OTHER REGULARCHARGES IN ACCORDANCE WITH THE REGULAR BILLING PRACTICE OF THESERVICE SUPPLIER.

(B) GOOD FAITH COMPLIANCE BYTHE SERVICE SUPPLIER WITH THIS PROVISION SHALL CONSTITUTE ACOMPLETE DEFENSE TO ANY LEGAL ACTION OR CLAIM WHICH MAY RESULTFROM THE SERVICE SUPPLIER’S DETERMINATION OF NONPAYMENT ORTHE IDENTIFICATION OF SERVICE USERS IN CONNECTION THEREWITH.

(8) (A) THE AMOUNTS COLLECTEDBY THE SERVICE SUPPLIER ATTRIBUTABLE TO ANY EMERGENCY TELEPHONESERVICE CHARGE SHALL BE DUE QUARTERLY. THE AMOUNT OF SERVICECHARGE COLLECTED IN ONE CALENDAR QUARTER BY THE SERVICE SUPPLIERSHALL BE REMITTED TO THE DISTRICT NO LATER THAN SIXTY DAYS AFTERTHE CLOSE OF A CALENDAR QUARTER.

(B) ON OR BEFORE THE SIXTIETHDAY AFTER THE CLOSE OF A CALENDAR QUARTER, A RETURN, IN SUCH FORMAS THE DISTRICT GOVERNING AUTHORITY AND THE SERVICE SUPPLIERAGREE UPON, SHALL BE FILED WITH THE DISTRICT, TOGETHER WITH AREMITTANCE OF THE AMOUNT OF SERVICE CHARGE COLLECTED PAYABLE TOTHE DISTRICT.

THE SERVICE SUPPLIER SHALLMAINTAIN RECORDS OF THE AMOUNT OF THE SERVICE CHARGE COLLECTEDFOR A PERIOD OF AT LEAST TWO YEARS FROM DATE OF COLLECTION. THEDISTRICT GOVERNING AUTHORITY MAY, AT ITS EXPENSE, REQUIRE ANANNUAL AUDIT OF THE SERVICE SUPPLIER’S BOOKS AND RECORDSWITH RESPECT TO THE COLLECTION AND REMITTANCE OF THE SERVICECHARGE.

FROM THE GROSS RECEIPTS TO BEREMITTED TO THE DISTRICT, THE SERVICE SUPPLIER SHALL BE ENTITLEDTO RETAIN AS AN ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO ONEPERCENT THEREOF.

IN ORDER TO PROVIDE ADDITIONALFUNDING FOR THE DISTRICT, THE GOVERNING AUTHORITY MAY RECEIVEFEDERAL, STATE, PARISH, OR MUNICIPAL FUNDS, AS WELL AS FUNDS FROMPRIVATE SOURCES, AND MAY EXPEND SUCH FUNDS FOR THE PURPOSES OFTHIS PART.

THE GOVERNING AUTHORITY OF THEDISTRICT MAY IDENTIFY ALL STREETS, ROADS, HIGHWAYS, AND DWELLINGPLACES IN THE DISTRICT WHICH ARE NOT OTHERWISE DESIGNATED BY NAMEAND NUMBER IN ORDER TO CARRY OUT THE PURPOSES OF THE DISTRICT.

UNTIL SUCH TIME AS CELLULAR ANDOTHER WIRELESS COMMUNICATION SERVICE SUPPLIERS ARE CAPABLE OFPROVIDING AND DO PROVIDE AUTOMATIC NUMBER IDENTIFICATION (ANI)AND AUTOMATIC LOCATION IDENTIFICATION (ALI), SUPPLIERS OF SUCHSERVICE SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGES, COSTS, ANDEXPENSES, INCLUDING REASONABLE ATTORNEY FEES, WITH RESPECT TO ANDAS A RESULT OF ANY CLAIM OR ACTION RELATING TO DELIVERY OF ORRELIANCE BY ENHANCED 911 OR 911 ON SUCH INFORMATION.

WIRELESSLEGISLATION FOR THE STATE OF LOUISIANA

HOUSE BILL 300

AN ACT

To amend and reenact R.S.33:9102(B) and to enact Part V of Chapter 31 of Title 33 of theLouisiana Revised Statutes of 1950, to be comprised of R.S.33:9131.5, relative to the Bossier Parish Communications DistrictNumber One; to provide relative to the purposes of the district;to provide relative to enhancement of emergencytelecommunications service; to provide relative to the servicecharges collected by the district including provisions relativeto use of the proceeds from such charges, the rate of suchcharges, and the collection and enforcement of such charges; andto provide for related matters.

Notice of intention to introducethis Act has been published as provided by Article III, Section13:9 of the Constitution of Louisiana.

Be it enacted by the Legislativeof Louisiana:

Section 1. R.S. 33:9102(B) ishereby amended and reenacted and Part V of Chapter 31 of Title 33of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 33:9131.5, is hereby enacted to read as follows:

Section 9102. Purposes

It shall also be the purposes of the Assumption Parish Communications District, ~~and of~~ OF THE Caddo Parish Communications District Number One, AND OF THE BOSSIER PARISH COMMUNICATIONS DISTRICT NUMBER ONE to provide for other communication enhancements which will enable law enforcement and public safety agencies to decrease response time and improve effectiveness.

PART V. BOSSIER PARISHCOMMUNICATIONS DISTRICT NUMBER ONE

SECTION 9131.5. BOSSIER PARISHCOMMUNICATIONS DISTRICT NUMBER ONE; FUNDING, DEFINITIONS;EMERGENCY TELEPHONE SERVICE CHARGE

AS USED IN THIS SECTION, THEFOLLOWING WORDS AND TERMS SHALL HAVE THE FOLLOWING MEANINGSUNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

“DISTRICT” MEANSBOSSIER PARISH COMMUNICATIONS DISTRICT NUMBER ONE CREATEDPURSUANT TO R.S. 33:9101.

“E911” MEANS ENHANCEDUNIVERSAL EMERGENCY NUMBER SERVICE OR ENHANCED 911 SERVICE THATIS A TELEPHONE EXCHANGE COMMUNICATIONS SERVICE WHEREBY A PUBLICSAFETY ANSWERING POINT (PSAP) DESIGNATED BY THE CUSTOMER MAYRECEIVE TELEPHONE CALLS DIALED TO THE TELEPHONE NUMBER 911. E911SERVICE INCLUDES LINES AND EQUIPMENT NECESSARY FOR THE ANSWERING,TRANSFERING, AND DISPATCHING OF PUBLIC EMERGENCY TELEPHONE CALLSORIGINATED BY PERSONS WITHIN THE SERVING AREA WHO DIAL 911 BUTDOES NOT INCLUDE DIAL TONE FIRST THAT MAY BE MADE AVAILABLE BYTHE SERVICE PROVIDER BASED ON THE ABILITY TO RECOVER THE COSTSASSOCIATED WITH ITS IMPLEMENTATION.

EXCHANGE ACCESSFACILITIES” MEANS ALL LINES OR THEIR EQUIVALENT WIRELESSSERVICE PROVIDED BY THE SERVICE SUPPLIER FOR THE PROVISION OFLOCAL EXCHANGE SERVICE.

“FUND THE DISTRICT”MEANS PAY THE EXPENSES NECESSARY TO CARRY OUT ALL PURPOSES OF THEDISTRICT, INCLUDING BUT NOT LIMITED TO IDENTIFICATION OF ALLSTREETS, ROADS, HIGHWAYS, AND DWELLING PLACES IN THE DISTRICT,AND TO PROVIDE FOR OTHER COMMUNICATION ENCHANCEMENTS FOR LAWENFORCEMENT AND PUBLIC SAFETY AGENCIES TO DECREASE RESPONSE TIMEAND IMPROVE EFFECTIVENESS PURSUANT TO R.S. 33:9102 AND SUBSECTIOND OF THIS SECTION.

“SERVICE SUPPLIER”MEANS ANY PERSON PROVDING A LANDLINE EXCHANGE TELEPHONE SERVICEOR CELLULAR TELEPHONE OR TELECOMMUNICATIONS SERVICE, SPECIALIZEDMOBILE RADIO SERVICE, PERSONAL COMMUNICATIONS SERVICE, OR ANYFORM OF WIRELESS TELEPHONE OR TELECOMMUNICATIONS SERVICE NOW INEXISTENCE AND THAT MAY BE PROVIDED OR DEVELOPED IN THE FUTUREPROVIDED THAT SUBSCRIBES TO SUCH SERVICES IN THE DISTRICT HAVEACCESS TO AND CAN UTILIZE A 911 EMERGENCY TELEPHONE SYSTEM.

“SERVICE USER” MEANSANY PERSON, NOT OTHERWISE EXEMPT FROM TAXATION, WHO IS PROVIDED ALANDLINE EXCHANGE SERVICE OR CELLULAR TELEPHONE ORTELECOMMUNICATIONS SERVICE, SPECIALIZED MOBILE RADIO SERVICE,PERSONAL COMMUNICATIONS SERVICE, OR ANY FORM OF WIRELESSTELEPHONE OR TELECOMMUNICATIONS SERVICE NOW IN EXISTENCE AND THATMAY BE PROVIDED OR DEVELOPED IN THE FUTURE, PROVIDED THATSUBSCRIBERS TO SUCH SERVICES IN THE DISTRICT HAVE ACCESS TO ANDCAN UTILIZE A 911 EMERGENCY TELEPHONE SYSTEM.

“TARIFF RATE” MEANSTHE RATE OR RATES AS STATED IN THE LANDLINE EXCHANGE TELEPHONESERVICE SUPPLIER’S TARIFFS AND APPROVED BY THE PUBLICSERVICE COMMISSION, THAT REPRESENT THE SERVICE SUPPLIER’SRECURRING CHARGES FOR EXCHANGE ACCESS FACILITIES, EXCLUSIVE OFALL TAXES, FEES, LICENSES, OR SIMILAR CHARGES WHATSOEVER. IFLANDLINE EXCHANGE ACCESS FACILITIES ARE PROVIDED BY THE LANDLINEEXCHANGE TELEPHONE SERVICE SUPPLIER UNDER BOTH FLAT ANDUSAGE-SENSITIVE RATE SCHEDULES, THE FLAT RATES SHALL BECONSIDERED THE “TARIFF RATE”.

HAVE UNIFORM APPLICATION AMONGSERVICE USERS OF THE SAME CLASSIFICATION.

BE IMPOSED THROUGHOUT THEENTIRETY OF THE DISTRICT TO THE GREATEST EXTENT POSSIBLE INCONFORMITY WITH AVAILABILITY OF SUCH SERVICE IN ANY AREA OF THEDISTRICT.

(2) SUCH SERVICE CHARGE TO ALLSERVICE USERS SHALL BE LEVIED ON A UNIFORM FLAT-FEE SCHEDULE OFFIXED RATES FOR RESIDENTIAL, COMMERCIAL, AND CELLULAR OR OTHERWIRELESS TELECOMMUNICATIONS SERVICE, INCLUDING SPECIALIZED MOBILERADIO SERVICE. SUCH SERVICE CHARGE MAY NOT EXCEED ONE DOLLAR PERMONTH FOR EACH WIRED OR WIRELESS RESIDENTIAL LINE AND TWO DOLLARSPER MONTH FOR EACH WIRED OR WIRELESS BUSINESS LINE. THE MONTHLYSERVICE CHARGE FOR CELLULAR OR NONFIXED LOCATION WIRELESSTELECOMMUNICATIONS SERVICE INLCUDING SPECIALIZED MOBILE RADIOSERVICE, SHALL BE EQUAL TO THE RESIDENTIAL CHARGE AND SHALL NOTEXCEED THE AMOUNT OF THE RESIDENTIAL CHARGE UNLESS A HIGHER RATEHAS BEEN APPROVED BY A MAJORITY OF THE PERSONS VOTING ON SUCHQUESTION AT AN ELECTION HELD FOR SUCH PURPOSE WITHIN THEDISTRICT.

(4) THE DISTRICT SHALL NOT BEREQUIRED TO CONVERT FROM SERVICE CHARGES BASED ON A PERCENTAGE OFTHE TARIFF RATE TO FLAT-RATE SERVICE CHARGES. IF THE DISTRICT ISSERVED BY MORE THAN ONE SUPPLIER THEN SUCH SERVICE CHARGE SHALLNOT EX- CEED FIVE PERCENT OF THE HIGHEST TARIFF RATE. IF THEEMERGENCY TELEPHONE SERVICE CHARGE IS BASED ON A PERCENTAGE OFTARIFF AND THE APPLICABLE TARIFF RATE IS REPEALED OR NO LONGERUTILIZED, THE SERVICE CHARGE SHALL CONVERT TO A FLAT RATE WHICHEQUALS THE FORMER TARIFF-BASED RATE. THE DISTRICT MAY CONVERT TOFLAT-RATE CHARGES THAT DO NOT EXCEED ITS PREVIOUSLY AUTHORIZEDRATE WITHOUT NECESSITY OF VOTER APPROVAL. IN ORDER FOR THEDISTRICT TO ADOPT FLAT-RATE SERVICE CHARGES WHICH EXCEED THEPREVIOUSLY AUTHORIZED TARIFF-BASED RATE SUCH INCREASE MUST FIRSTBE AUTHORIZED BY A VOTE OF A MAJORITY OF THE PERSONS VOTINGWITHIN THE DISTRICT.

(5) IF THE PROCEEDS GENERATEDBY AN EMERGENCY TELEPHONE SERVICE CHARGE EXCEED THE AMOUNT OFMONIES NECESSARY TO FUND THE DISTRICT, THE DISTRICT GOVERNINGAUTHORITY SHALL, BY ORDINANCE, REDUCE THE SERVICE CHARGE RATE TOAN AMOUNT ADEQUATE TO FUND THE DISTRICT. IN LIEU OF REDUCING THESERVICE CHARGE RATE, THE DISTRICT GOVERNING AUTHORITY MAY SUSPENDSUCH SERVICE CHARGE, IF THE REVENUES GENERATED THEREFROM EXCEEDTHE AMOUNT OF MONIES NECESSARY TO FUND THE DISTRICT. THE DISTRICTGOVERNING AUTHORITY MAY, BY ORDINANCE, REESTABLISH THE ORIGINALEMERGENCY TELEPHONE SERVICE CHARGE RATE OR LIFT THE SUSPENSIONTHEREOF, IF THE AMOUNT OF MONIES GENERATED IS NOT ADEQUATE TOFUND THE DISTRICT.

(6) (A) NO SUCH SERVICE CHARGESHALL BE IMPOSED UPON MORE THAN ONE HUNDRED EXCHANGE ACCESSFACILITIES PER PERSON PER LOCATION.

(B) EVERY BILLED SERVICE USERSHALL BE LIABLE FOR ANY SERVICE CHARGE IMPOSED UNDER THISSUBSECTION UNTIL IT HAS BEEN PAID TO THE SERVICE SUPPLIER. THEDUTY OF THE SERVICE SUPPLIER TO COLLECT ANY SUCH SERVICE CHARGESHALL COMMENCE UPON THE DATE OF ITS IMPLEMENTATION, WHICH SHALLBE SPECIFIED IN THE ORDINANCE OR RESOLUTION CALLING THE ELECTION.ANY SUCH EMERGENCY TELEPHONE SERVICE CHARGE SHALL BE ADDED TO ANDMAY BE STATED SEPARATELY IN THE BILLING BY THE SERVICE SUPPLIERTO THE SERVICE USER.

( 7) (A) THE SERVICE SUPPLIERSHALL HAVE NO OBLIGATION TO TAKE ANY LEGAL ACTION TO ENFORCE THECOLLECTION OF ANY EMERGENCY TELEPHONE SERVICE CHARGE. HOWEVER,THE SERVICE SUPPLIER SHALL ANNUALLY PROVIDE THE DISTRICTGOVERNING AUTHORITY WITH A LIST OF THE AMOUNT UNCOLLECTED ,TOGETHER WITH THE NAMES AND ADDRESSES OF THOSE SERVICE USERS WHOCARRY A BALANCE THAT CAN BE DETERMINED BY THE SERVICE SUPPLIER TOBE NONPAYMENT OF SUCH SERVICE CHARGE. THE SERVICE CHARGE SHALL BECOLLECTED AT THE SAME TIME AS THE TARIFF RATE OR OTHER REGULARCHARGES IN ACCORDANCE WITH THE REGULAR BILLING PRACTICE OF THESERVICE SUPPLIER.

(A) THE AMOUNTS COLLECTED BYTHE SERVICE SUPPLIER ATTRIBUTABLE TO ANY EMERGENCY TELEPHONESERVICE CHARGE SHALL BE DUE QUARTERLY. THE AMOUNT OF SERVICECHARGE COLLECTED IN ONE CALENDAR QUARTER BY THE SERVICE SUPPLIERSHALL BE REMITTED TO THE DISTRICT NO LATER THAN SIXTY DAYS AFTERTHE CLOSE OF A CALENDAR QUARTER.

FROM THE GROSS RECEIPTS TO BEREMITTED TO THE DISTRICT, THE SERVICE SUPPLIER SHALL BE ENTITLEDTO RETAIN AS AN ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO ONEPERCENT THEREOF.

UNTIL SUCH TIME AS CELLULAR ANDOTHER WIRELESS COMMUNICATION SERVICE SUPPLIERS ARE CAPABLE OFPROVIDING AND DO PROVIDE AUTOMATIC NUMBER IDENTIFICATION (ANI)AND AUTOMATIC LOCATION IDENTIFICATION (ALI, SUPPLIERS OF SUCHSERVICE SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGES, COSTS, ANDEXPENSES, INCLUDING REASONABLE ATTORNEY FEES, WITH RESPECT TO ANDAS A RESULT OF ANY CLAIM OR ACTION RELATING TO DELIVERY OF ORRELIANCE BY ENHANCED 911 OR 911 ON SUCH INFORMATION.

WIRELESSLEGISLATION FOR THE STATE OF LOUISIANA

HOUSE BILL 356

VERSION DATE: March 1, 1997

AN ACT

To amend and reenact R.S.33:9102(B) and to enact Part V of Chapter 31 of Title 33 of theLouisiana Revised Statutes of 1950, to be comprised of R.S.33:9131.5, relative to the Calcasieu Parish CommunicationsDistrict; to provide relative to enhancement of emergencytelecommunications services; to provide relative to servicecharges collected by the district including provisions relativeto use of the proceeds from such charges the telecommunicationsservice users liable for such charges, the rate of such charges,and the collection and enforcement of such charges; and toprovide for related matters.

Notice of intention to introducethis Act has been published as provided by Article III, Section13 of the constitution of Louisiana.

TEXT; Be it enacted by theLegislature of Louisiana:

Section 1. R.S. 33:9102(B) ishereby amended and reenacted and Part V of Chapter 31 of Title 33of the Louisiana Revised Statutes of 1950, to be comprised ofR.S. 33:9131.5, is hereby enacted to read as follows:

Section 2. Purposes

B. It shall also be the purpose ofthe Assumption Parish Communications District ~~and of~~ OFTHE Caddo Parish Communications District Number One AND OFTHE CALCASIEU PARSH COMMUNICATIONS DISTRICT to provide forother communication enhancements which will enable lawenforcement and public safety agencies to decrease response timeand improve effectiveness.

PART V. CALCASIEU PARISHCOMMUNICATIONS DISTRICT

SECTION 9131.5. CALCASIEU PARISHCOMMUNICATIONS DISTRICT; FUNDING; DEFINITIONS; EMERGENCYTELEPHONE SERVICE CHARGE

AS USED IN THIS SECTION, THEFOLLOWING WORDS AND TERMS SHALL HAVE THE FOLLOWING MEANINGSUNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

“DISTRICT MEANS CALCASIEUPARISH COMMUNICATIONS DISTRICT CREATED PURSUANT TO R.S. 33:9101.

“E911” MEANS ENHANCEDUNIVERSAL EMERGENCY NUMBER SERVICE OR ENHANCED 911 SERVICE THATIS A TELEPHONE EXCHANGE COMMUNICATIONS SERVICE WHEREBY A PUBLICSAFETY ANSWERING POINT (PSAP) DESIGNATED BY THE CUSTOMER MAYRECEIVE TELEPHONE CALLS DIALED TO THE TELEPHONE NUMBER 911. E911SERVICE INCLUDES LINES AND EQUIPMENT NECESSARY FOR THE ANSWERING,TRANSFERRING, AND DISPATCHING OF PUBLIC EMERGENCY TELEPHONE CALLSORIGINATED BY PERSONS WITHIN THE SERVICE AREA WHO DIAL 911 BUTDOES NOT INCLUDE DIAL TONE FIRST THAT MAY BE MADE AVAILABLE BYTHE SERVICE PROVIDER BASED ON THE ABILITY TO RECOVER THE COSTSASSOCIATED WITH ITS IMPLEMENTATION.

“EXCHANGE ACCESSFACILITIES” MEANS ALL LINES OR THEIR EQUIVALENT WIRELESSSERVICE PROVIDED BY THE SERVICE SUPPLIER FOR THE PROVISION OFLOCAL EXCHANGE SERVICE.

“FUND THE DISTRICT”MEANS PAY THE EXPENSES NECESSARY TO CARRY OUT ALL PURPOSES OF THEDISTRICT, INCLUDING BUT NOT LIMITED TO IDENTIFICATION OF ALLSTREETS, ROADS, HIGHWAYS, AND DWELLING PLACES IN THE DISTRICT,AND TO PROVIDE FOR OTHER COMMUNICATION ENHANCEMENTS FOR LAWENFORCEMENT AND PUBLIC SAFETY AGENCIES TO DECREASE RESPONSE TIMEAND IMPROVE EFFECTIVENESS PURSUANT TO R.S. 33:9102 AND SUBSECTIOND OF THIS SECTION.

“SERVICE USER” MEANSANY PERSON, NOT OTHERWISE EXEMPT FROM TAXATION, WHO IS PROVIDED ALANDLINE EXCHANGE TELEPHONE SERVICE OR CELLULAR TELEPHONE ORTELECOMMUNICATIONS SERVICE, SPECIALIZED MOBILE RADIO SERVICE,PERSONAL COMMUNICATIONS SERVICE, OR ANY FORM OF WIRELESSTELEPHONE OR TELECOMMUNICATIONS SERVICE NOW IN EXISTENCE AND THATMAY BE PROVIDED OR DEVELOPED IN THE FUTURE, PROVIDED THATSUBSCRIBERS TO SUCH SERVICES IN THE DISTRICT HAVE ACCESS TO ANDCAN UTILIZE A 911 EMERGENCY TELEPHONE SYSTEM.

“TARIFF RATE” MEANSTHE RATE OR RATES, AS STATED IN THE LANDLINE EXCHANGE TELEPHONESERVICE SUPPLIER’S TARIFFS AND APPROVED BY THE PUBLICSERVICE COMMISSION, THAT REPRESENT THE SERVICE SUPPLIER’SRECURRING CHARGES FOR EXCHANGE ACCESS FACILITIES, EXCLUSIVE OFALL TAXES, FEES, LICENSES, OR SIMILAR CHARGES WHATSOEVER. IFLANDLINE EXCHANGE ACCESS FACILITIES ARE PROVIDED BY THE LANDLINEEXCHANGE TELEPHONE SERVICE SUPPLIER UNDER BOTH FLAT ANDUSAGE-SENSITIVE RATE SCHEDULES, THE FLAT RATES SHALL BECONSIDERED THE “TARIFF RATE”.

HAVE UNIFORM APPLICATION AMONGSERVICE USERS OF THE SAME CLASSIFICATION.

BE IMPOSED THROUGHOUT THEENTIRETY OF THE DISTRICT TO THE GREATEST EXTENT POSSIBLE INCONFORMITY WITH AVAILABILITY OF SUCH SERVICE IN ANY AREA OF THEDISTRICT.

(2) SUCH SERVICE CHARGE TO ALLSERVICE USERS SHALL BE LEVIED ON A UNIFORM FLAT-FEE SCHEDULE OFFIXED RATES FOR RESIDENTIAL, COMMERCIAL, AND CELLULAR OR OTHERWIRELESS TELECOMMUNICATIONS SERVICE, INCLUDING SPECIALIZED MOBILERADIO SERVICE. SUCH SERVICE CHARGE MAY NOT EXCEED ONE DOLLAR PERMONTH FOR EACH WIRED OR WIRELESS RESIDENTIAL LINE AND TWO DOLLARSPER MONTH FOR EACH WIRED OR WIRELESS BUSINESS LINE. THE MONTHLYSERVICE CHARGE FOR CELLULAR OR NONFIXED LOCATION WIRELESSTELECOMMUNICATIONS SERVICE, INCLUDING SPECIALIZED MOBILE RADIOSERVICE, SHALL BE EQUAL TO THE RESIDENTIAL CHARGE AND SHALL NOTEXCEED THE AMOUNT OF THE RESIDENTIAL CHARGE UNLESS A HIGHER RATEHAS BEEN APPROVED BY A MAJORITY OF THE PERSONS VOTING ON SUCHQUESTION AT AN ELECTION HELD FOR SUCH PURPOSE WITHIN THEDISTRICT.

(4) THE DISTRICT SHALL NOT BEREQUIRED TO CONVERT FROM SERVICE CHARGES BASED ON A PERCENTAGE OFTHE TARIFF RATE TO FLAT-RATE SERVICE CHARGES. IF THE DISTRICT ISSERVED BY MORE THAN ONE SUPPLIER THEN SUCH SERVICE CHARGE SHALLNOT EXCEED FIVE PERCENT OF THE HIGHEST TARIFF RATE. IF THEEMERGENCY TELEPHONE SERVICE CHARGE IS BASED ON A PERCENTAGE OFTARIFF AND THE APPLICABLE TARIFF RATE IS REPEALED OR NO LONGERUTILIZED, THE SERVICE CHARGE SHALL CONVERT TO A FLAT RATE WHICHEQUALS THE FORMER TARIFF-BASED RATE. THE DISTRICT MAY CONVERT TOFLAT-RATE CHARGES THAT DO NOT EXCEED ITS PREVIOUSLY AUTHORIZEDRATE, OR THE RATE CHARGED ON JANUARY 1, 1997, WHICHEVER ISHIGHER, WITHOUT NECESSITY OF VOTER APPROVAL. IN ORDER FOR THEDISTRICT TO ADOPT FLAT-RATE SERVICE CHARGES WHICH EXCEED THEPREVIOUSLY AUTHORIZED TARIFF-BASED RATE, SUCH INCREASE MUST FIRSTBE AUTHORIZED BY A VOTE OF A MAJORITY OF THE PERSONS VOTINGWITHIN THE DISTRICT.

(5) IF THE PROCEEDS GENERATEDBY AN EMERGENCY TELEPHONE SERVICE CHARGE EXCEED THE AMOUNT OFMONIES NECESSARY TO FUND THE DISTRICT, THE DISTRICT GOVERNINGAUTHORITY SHALL, BY ORDINANCE, REDUCE THE SERVICE CHARGE RATE TOAN AMOUNT ADEQUATE TO FUND THE DISTRICT. IN LIEU OF REDUCING THESERVICE CHARGE RATE, THE DISTRICT GOVERNING AUTHORITY MAY SUSPENDSUCH SERVICE CHARGE, IF THE REVENUES GENERATED THEREFROM EXCEEDTHE AMOUNT OF MONIES NECESSARY TO FUND THE DISTRICT. THE DISTRICTGOVERNING AUTHORITY MAY, BY ORDIANCE, REESTABLISH THE ORIGINALEMERGENCY TELEPHONE SERVICE CHARGE RATE OR LIFT THE SUSPENSIONTHEREOF, IF THE AMOUNT OF MONIES GENERATED IS NOT ADEQUATE TOFUND THE DISTRICT.

(6) (A) NO SUCH SERVICE CHARGESHALL BE IMPOSED UPON MORE THAN ONE HUNDRED EXCHANGE ACCESSFACILITIES PER PERSON PER LOCATION.

(B) EVERY BILLED SERVICE USERSHALL BE LIABLE FOR ANY SERVICE CHARGE IMPOSED UNDER THISSUBSECTION UNTIL IT HAS BEEN PAID TO THEIR SERVICE SUPPLIER. THEDUTY OF THE SERVICE SUPPLIER TO COLLECT ANY SUCH SERVICE CHARGESHALL COMMENCE UPON THE DATE OF ITS IMPLEMENTATION, WHICH SHALLBE SPECIFIED IN THE ORDINANCE OR RESOLUTION CALLING THE ELECTION.ANY SUCH EMERGENCY TELEPHONE SERVICE CHARGE SHALL BE ADDED TO ANDMAY BE STATED SEPARATELY IN THE BILLING BY THE SERVICE SUPPLIERTO THE SERVICE USER.

(7) (A) THE SERVICE SUPPLIERSHALL HAVE NO OBLIGATION TO TAKE ANY LEGAL ACTION TO ENFORCE THECOLLECTION OF ANY EMERGENCY TELEPHONE SERVICE CHARGE. HOWEVER,THE SERVICE SUPPLIER SHALL ANNUALLY PROVIDE THE DISTRICTGOVERNING AUTHORITY WITH A LIST OF THE AMOUNT UNCOLLECTED,TOGETHER WITH THE NAMES AND ADDRESSES OF THOSE SERVICE USERS WHOCARRY A BALANCE THAT CAN BE DETERMINED BY THE SERVICE SUPPLIER TOBE NONPAYMENT OF SUCH SERVICE CHARGE. THE SERVICE CHARGE SHALL BECOLLECTED AT THE SAME TIME AS THE TARIFF RATE OR OTHER REGULARCHARGES IN ACCORDANCE WITH THE REGULAR BILLING PRACTICE OF THESERVICE SUPPLIER.

(C)THE SERVICE SUPPLIER SHALLMAINTAIN RECORDS OF THE AMOUNT OF THE SERVICE CHARGE COLLECTEDFOR A PERIOD OF AT LEAST TWO YEARS FROM DATE OF COLLECTION. THEDISTRICT GOVERNING AUTHORITY MAY, AT ITS EXPENSE, REQUIRE ANANNUAL AUDIT OF THE SERVICE SUPPLIER’S BOOKS AND RECORDSWITH RESPECT TO THE COLLECTION AND REMITTANCE OF THE SERVICECHARGE.

(D) FROM THE GROSS RECEIPTS TOBE REMITTED TO THE DISTRICT, THE SERVICE SUPPLIER SHALL BEENTITLED TO RETAIN AS AN ADMINSTRATIVE FEE, AN AMOUNT EQUAL TOONE PERCENT THEREOF.

E. UNTIL SUCH TIME AS CELLULARAND OTHER WIRELESS COMMUNICATION SERVICE SUPPLIERS ARE CAPABLE OFPROVIDING AND DO PROVIDE AUTOMATIC NUMBER IDENTIFICATION (ANI)AND AUTOMATIC LOCATION IDENTIFICATON (ALI), SUPPLIERS OF SUCHSERVICE SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGES, COSTS, ANDEXPENSES, INCLUDING REASONABLE ATTORNEY FEES, WITH RESPECT TO ANDAS A RESULT OF ANY CLAIM OR ACTION RELATING TO DELIVERY OF ORRELIANCE BY ENHANCED 911 OR 911 ON SUCH INFORMATION.