WIRELESS LEGISLATION FOR THESTATE OF NORTH DAKOTA
NORTH DAKOTA 55TH LEGISLATIVEASSEMBLY
SENATE BILL 2353
ENGROSSED SENATE BILL NO. 2353
A BILL for an Act to create and enact two newsections to chapter 57-40.6 and a new subsection to section5740.6-08 of the North Dakota Century Code, relating to awireless 9-1-1 service fee, liability, and an emergency servicescommunication system advisory committee for 9-1-1; and to amendand reenact sections 57-40.6-01, 57-40.6-05, and 57-40.6-06 ofthe North Dakota Century Code, relating to wireless 9-1-1telephone service.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OFNORTH DAKOTA:
SECTION 1. AMENDMENT. Section 57-40.601 of theNorth Dakota Century Code is amended and reenacted as follows:
57-40.6-01. Definitions. In this chapter,unless the context
or subject matter otherwiserequires:
1. “Emergency services communicationsystem” means a statewide, countywide, or citywide radiosystem, land lines communication network, or emergency 9-1-1telephone system, which provides rapid public access forcoordinated dispatching of services, personnel, equipment, andfacilities for law enforcement, fire, medical, or other emergencyservices.
2. “Telephone access line means theprincipal FIXED LAND LINE access to the telephonecompany’s switched network including an outward dialed trunk oraccess register
3. “WIRELESS TELEPHONE SERVICE”MEANS PUBLIC TELEPHONE SERVICE PROVIDED FOR TWO-WAY VOICE OR DATACOMMUNICATIONS WHICH IS TRANSMITTED INDEPENDENT OF SWITCHED LOCALEXCHANGE ACCESS TELEPHONE SERVICE AND WHICH MAY BE TRANSMITTED.IN PART. BY CABLE OR WIRE AS PART OF A LARGER TELEPHONE CABLESYSTEM. THE TERM INCLUDES CELLULAR TELEPHONE SERVICE AND ANYRESELLERS OF THE SERVICE. PERSONAL COMMUNICATION SERVICE, ANDSPECIALIZED MOBILE RADIO SERVICE. THE TERM DOES NOT INCLUDE ANYSERVICE THAT CANNOT CONNECT A PERSON TO AN ESTABLISHED PUBLICSAFETY ANSWERING POINT UNDER THE 9-1-1 SYSTEM BY DIALING THEDIGITS 9-1-1.
4. “911 SERVICE CARRIER” MEANS ANYPROVIDER OF WIRELESS TELEPHONE SERVICE.
SECTION 2. A new section to chapter 57-40.6 ofthe North Dakota Century Code is created and enacted as follows:
EMERGENCY SYSTEM – WIRELESS 911 SERVICE FEE.A SUBSCRIBER SHALL PAY A WIRELESS 911 SERVICE FEE OF FIFTY CENTSPER MONTH, PER ACCESS LINE, TO THE 911 SERVICE CARRIER. THE 911SERVICE CARRIER SHALL ADD THE WIRELESS 911 SERVICE FEE TO ALLBILLS FOR WIRELESS TELEPHONE SERVICE TO SUBSCRIBERS IN THISSTATE. THE 911 SERVICE CARRIER SHALL COLLECT THE WIRELESS 911SERVICE FEE, RETAIN TWENTY PERCENT OF FEES COLLECTED, AND REMITTHE REMAINING PROCEEDS ON A MONTHLY BASIS TO THE COUNTY TREASUREROF THE COUNTY IN WHICH IS LOCATED THE BILLING ADDRESS OF THESUBSCRIBER FROM WHOM THE FEE WAS COLLECTED. THE COUNTY TREASURERSHALL TRANSFER ONE-HALF OF FEES RECEIVED UNDER THIS SECTION TOSTATE RADIO COMMUNICATIONS FOR DEPOSIT IN THE STATE RADIOCOMMUNICATIONS OPERATING FUND.
SECTION 3. AMENDMENT. Section 57-40.6-05 of theNorth Dakota Century Code is amended and reenacted as follows:
57-40.6-05. Restricted on use of tax ORSERVICE FEE proceeds. The county may not use the proceeds ofthe tax imposed under section 57-40.6-02 OR THE 9-1-1 SERVICEFEE IMPOSED UNDER SECTION 2 OF THIS ACT for any purpose otherthan establishing or operating the emergency servicescommunication system.
SECTION 4. AMENDMENT. Section 57-40.6-06 of theNorth Dakota Century Code is amended and reenacted as follows:
57-40.6-06. Data case. In 9-1-1 systems thathave been approved by the state emergency
serviceSERVICES communication system advisory committee, anytelecommunications company OR 9-1-1 SERVICE CARRIER providingemergency 9-1-1 service shall provide, on an annual basis,current customer names, addresses, and telephone numbers to eachpublic service answering point within each 9-1-1 system and shallupdate the information according to a schedule prescribed by thestate 9-1-1 advisory committee’s standards and guidelines.Information provided under this section must be provided inaccordance with the transactional record disclosure requirementsof the federal Electronics Communications Privacy Act of 1986, 18U.S.C. 2703 (C)(l) (B) (iv).
SECTION 5. A new subsection to section57-40.6-08 of the North Dakota Century Code is created andenacted as follows:
A LOCAL EXCHANGE PROVIDER, EMERGENCY SERVICEPROVIDER, OR 9-1-1 SERVICE CARRIER, OR EMPLOYEE OR AGENT OF THESEPROVIDERS OR CARRIERS, IS NOT LIABLE TO ANY PERSON FOR ANYINFRINGEMENT OR INVASION OF THE RIGHT OF PRIVACY OF ANY PERSONCAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BYTHE INSTALLATION, OPERATION, FAILURE TO OPERATE, MAINTENANCE,REMOVAL, PRESENCE, CONDITION, OCCASION, OR USE OF AN EMERGENCYSERVICE FEATURE, AUTOMATIC NUMBER IDENTIFICATION SERVICE, ORAUTOMATIC LOCATION IDENTIFICATION SERVICE, AND THE EQUIPMENTASSOCIATED WITH THESE SERVICES, OR BY ANY SERVICE FURNISHED BYANY PROVIDER IN CONNECTION WITH THESE SERVICES, INCLUDING THEIDENTIFICATION OF THE TELEPHONE NUMBER, ADDRESS OR NAMEASSOCIATED WITH THE TELEPHONE USED BY THE PARTY ACCESSING 9-1-1SERVICE, AND AUTOMATIC NUMBER IDENTIFICATION SERVICE OR AUTOMATICLOCATION IDENTIFICATION
SERVICE, AND WHICH ARISES OUT OF THENEGLIGENCE OR OTHER WRONGFUL ACT OF THE PROVIDER. THE CUSTOMER,THE GOVERNING BODY, SERVICE USERS, AGENCIES OR MUNICIPALITIES, ORTHEIR EMPLOYEES OR AGENTS. A PROVIDER OR ITS EMPLOYEES AND AGENTSARE NOT LIABLE FOR ANY DAMAGES IN A CLAIM FOR RELIEF FORINJURIES, DEATH, OR LOSS TO PERSON OR PROPERTY INCURRED AS ARESULT OF ANY ACT OR OMISSION OF THE PROVIDER, EMPLOYEE, ORAGENT, IN CONNECTION WITH DEVELOPING, ADOPTING, IMPLEMENTING,MAINTAINING, ENHANCING, OR OPERATING AN EMERGENCY TELEPHONESERVICE, EXCEPT FOR DAMAGES OR INJURY INTENTIONALLY CAUSED BY ORRESULTING FROM GROSS NEGLIGENCE OF THE PROVIDER OR PERSON.
SECTION 6. A new section to chapter 57-40.6 ofthe North Dakota Century Code is created and enacted as follows:
EMERGENCY SERVICES COMMUNICATION SYSTEMADVISORY COMMITTEE –STANDARDS AND GUIDELINES – REPORT.
1. THE GOVERNOR SHALL APPOINT AN ELEVENMEMBER EMERGENCY SERVICES COMMUNICATIONS SYSTEM ADVISORYCOMMITTEE FOR 9-1-1. THE GOVERNOR SHALL INCLUDE ON THE ADVISORYCOMMITTEE ONE REPRESENTATIVE FROM THE NORTH DAKOTA LEAGUE OFCITIES, ONE REPRESENTATIVE FROM THE NORTH DAKOTA ASSOCIATION OFCOUNTIES, ONE REPRESENTATIVE FROM THE NORTH DAKOTA PEACE OFFICERSASSOCIATION, ONE REPRESENTATIVE FROM THE NORTH DAKOTAFIREFIGHTERS ASSOCIATION, ONE REPRESENTATIVE FROM THE NORTHDAKOTA 9-1-1 ASSOCIATION, ONE REPRESENTATIVE FROM THE NORTHDAKOTA EMERGENCY MEDICAL SERVICE ASSOCIATION, ONE REPRESENTATIVEFROM THE NORTH DAKOTA TELEPHONE ASSOCIATION, TWO MEMBERS OF THENORTH DAKOTA HOUSE OF REPRESENTATIVES, AND TWO MEMBERS OF THENORTH DAKOTA SENATE. MEMBERS’ TERMS ARE FOR THREE YEARS, SUBJECTTO REAPPOINTMENT, BEGINNING WITH STAGGERED TERMS AS DETERMINED BYTHE GOVERNOR. THE ENTITY REPRESENTED IS RESPONSIBLE FOR THEEXPENSES OF THE MEMBER REPRESENTING THAT ENTITY. THE LEGISLATIVECOUNCIL IS RESPONSIBLE FOR PAYING THE EXPENSES OF MEMBERS OF THELEGISLATIVE ASSEMBLY. THE LEGISLATIVE COUNCIL SHALL PROVIDE STAFFSERVICES TO THE COMMITTEE. THE ADVISORY COMMITTEE SHALL NAME ACHAIRMAN AND VICE CHAIRMAN FROM ITS MEMBERSHIP.
2. THE ADVISORY COMMITTEE SHALL ADOPT RULESUNDER CHAPTER 28-32 FOR THE DEVELOPMENT AND OPERATION OF ALLEMERGENCY 9-1-1 SYSTEMS. THE RULES MUST ESTABLISH THE LEVEL OFEMERGENCY 9-1-1 SYSTEM SERVICES TO BE PROVIDED AND THE UNIFORMITYAND COMPATIBILITY OF EMERGENCY 9-1-1 SYSTEMS IN THE STATE.
3. EACH BIENNIUM THE ADVISORY COMMITTEESHALL SUBMIT A REPORT OF ITS WORK TO THE GOVERNOR AND THELEGISLATIVE ASSEMBLY.
WIRELESS LEGISLATION FOR THESTATE OF NORTH DAKOTA
911 Emergency System- Wireless Telephone andRelated Service
I. “Wireless Telephone Service” meanspublic telephone services provided for two way voice or datacommunications which is transmitted independent of switched localexchange access telephone service which may, in part, betransmitted via cable or wire as part of a larger telephone orcable system.
II. “Wireless Telephone Service”includes: A. Cellular Telephone Service (cellular), B. PersonalCommunication Service (PCS), and C. Specialized Mobile RadioService (SMR).
III. “Wireless Telephone Service does notinclude any service that cannot connect a person dialing thedigits 911 to an established Public Safety Answering Point (PSAP)under the 911 System.
IV. 911 Service Carriers means any provider ofwireless telephone service or other 911 accessible service.
V. For the purpose of this subtitle, there is a”911 Service Fee” of $1.00 per month, per device to bepaid by the subscriber to the “911 Service Carrier”.The 911 Service Carrier” shall add the “911 ServiceFee” to all current bills rendered for wireless telephoneservice or other 911 accessible service in the State. The 911Service Carrier shall act as the collection agent for the”911 Service Fee” and shall remit the proceeds to theState Treasurer on a monthly basis. The “911 ServiceCarriers” shall be entitled to a credit of fifteen (15)percent of the amount collected. These fees will be used to coverthe expense of billing, collection, and remitting the “911Service fee” and to upgrade “Wireless servicecarrier” infrastructure to meet Federal CommunicationsCommission requirements to provide Public Safety Answering Pointswith a 911 callback number within two years, and locationidentification with five years.* The State Treasurer shalldeposit the funds in a dedicated 911 account.
Vl. The State Treasurer shall disperse monthlythe balance of the monies in the 911 accounts as follows:
Ten (10) percent to State Radio Communicationsto provide an infrastructure for State-Wide Mobile Data ComputerCommunications to be used by all public safety responders.
Seventy-Five (75) percent back to the variouscounties, based upon population, to be used as provided in NDCC57-40-6-05.
*See attached FCC ruling
FCC Docket No. 94-102,RM-8143
Adopted June 12, 1996
B. Executive Summary of Commission Actions
1. Report and Order
10. In this proceeding, we adopt severalrequirements pursuant to our authority under Section 301 and 303(r) of the Communications Act, and make them applicable to allcellular licensees, broadband PCS licensees, and certainSpecialized Mobile Radio (SMR) licensees (as defined in SectionIV.B.2, infract. These classes of licensees are hereafterreferred to as Covered carriers.” Certain other SMRlicensees and Mobile Satellite Service (MSS) carriers are exemptfrom our requirements. The requirements we adopt in this Reportand Order are as follows:
· Not later than 12 months after the effectivedate of the rules adopted in this proceeding, covered carriersmust process and transmit to any appropriate PSAPs all 911 callsmade from wireless mobile handsets which transmit a codeidentification, including calls initiated by roamers. Theprocessing and transmission of such calls shall not be subject toany user validation or similar procedure that otherwise may beinvoked by the covered carrier.
· In the case of 911 calls made from wirelessmobile handsets that do not transmit a code identification, notlater than 12 months after the effective date of the rulesadopted in this proceeding, covered carriers must process andtransmit such calls to any appropriate PSAP which previously hasissued a formal instruction to the carrier involved that the PSAPdesires to receive such calls from the carrier.
· Not later than 12 months after the effectivedate of the rules adopted in this proceeding, covered carriersmust be capable of transmitting calls by individuals with speechor hearing disabilities through devices used in conjunction withor as a substitute for traditional wireless mobile handsets,e.g., through the use of Text Telephone Devices (TTY) to local911 services.
· The implementation and deployment ofenhanced 911 features and functions will be accomplished in twophases. Under Phase I, not later than 12 months after theeffective date of the rules adopted in this proceeding, coveredcarriers must have initiated the actions necessary to enable themto relay a caller’s Automatic Number Identification (ANI) andlocation of the base station or cell site receiving a 911 call tothe designated PSAP. Not later than 18 months after the effectivedate of the rules adopted in this Order, such carriers must havecompleted these actions. These capabilities will allow the PSAPattendant to call back if the 911 call is disconnected.
· Under Phase II, not later than five yearsafter the effective date of the rules adopted in this proceeding,covered carriers are required to achieve the capability toidentify the latitude and longitude of a mobile unit making a 911call, within a radius of not more than 125 meters in 67 percentof all cases.
Entered NRC 3/11/97
11. We also provide the E911 (Phase I and PhaseII) requirements imposed upon covered carriers by our actions inthis Order shall apply only if (1) a carrier receives a requestfor such E911 services from the administrator of a PSAP that iscapable of receiving and utilizing the data elements associatedwith the services; and (2) a mechanism for the recovery of costsrelating to the provision of such services is in place. If thecarrier receives a request less than 6 months before theimplementation dates of Phase I and Phase II, then it must complywith the Phase I and Phase II requirements within 6 months afterthe receipt of the notice specifying the request.