WIRELESSLEGISLATION FOR THE STATE OF OKLAHOMA
DRAFT 2
December, 12, 1995
PROPOSED AMENDMENTS TO 911 EMERGENCY NUMBER ACT
(Title 63, Sections 2813-2816)
Amend Section 2813 to add a new number 6 to include adefinition of telephone service providers other than localexchange and wireless and renumber all paragraphs after 6.
6. “Other telephone service company” means anycompany providing dial tone, including two way voice or datacommunications excluding local exchange and wireless telephonecompanies.
Amend Section 2813 to expend the definition of”service user” to include persons who are providedwireless or other types of telephone service.
9. “Service user” means any person who isprovided exchange, wireless or other telephone service inthis state; and
Amend Section 2813 to add a new number 11 to include adefinition of wireless telephone companies.
11. “Wireless telephone company” means any companyproviding public telephone services transmitted independent ofswitched local exchange access telephone service and which may inpart me transmitted via cable or wire as part of a telephoneservice and which may in part be transmitted via cable or wire aspart of a larger telephone or cable system, including wirelesstelephone service such as cellular telephone service personalcommunications service and specialized mobile radio.
Insert new Sections 2814 (L) and (M) thereby allowing thecollection of a 911 fee from wireless and other types oftelephone service users, re-letter subsequent paragraphs andinclude relevant references to other types of telephone servicecompanies.
In jurisdictions in which an emergency telephone fee hasbeen approved pursuant to the provisions of this section and inwhich emergency telephone service is currently operating wirelesstelephone companies shall add a 9-1-1 fee in an amount not toexceed fifty (50) cents per month to all current bills, whetherfor residential or business service, rendered for the telephoneservice. In the event the wireless telephone company providesautomatic location and number identification information to apublic agency the amount collected from current bills shall bereduced to an amount not to exceed twenty-five (25) cents permonth. The amount of the fee shall be determined by the governingbody as provided in Section 2815 (d) of this title. The fee shallbe assessed by the governing body for each wireless telephonecustomer with a primary residential or business address fallingwithin the corporate limits of that municipality or within theboundaries of the county. Any fee imposed by a county or combinedgoverning body shall not apply to any portion of the countylocated within the boundaries of a municipality or othergovernmental entity also imposing an emergency telephone feepursuant to the provisions of the Nine-One-One Emergency NumberAct.
In jurisdictions in which an emergency telephone fee hasbeen approved pursuant to the provisions of this section and inwhich emergency telephone service is currently operating, allother telephone service companies shall add a 911 fee in anamount not exceed the emergency telephone fee assessed by thelocal governing body for local exchange telephone companycustomers. The emergency telephone fee for other telephoneservice company customers shall be designated by the governingbody as a dollar amount, not as a percent of a base or tariffrate.
Even billed service user shall be liable for any fee imposedpursuant to this section until it has been paid to the localexchange telephone company, wireless or other telephoneservice company.
O. The duty to collect any fee imposed pursuant to theauthority of the Nine-One-One Emergency Number Act from a serviceuser shall commence at a time as specified by the governing body.Fees imposed pursuant to this section that are required to becollected by the local exchange telephone company, wireless,or other telephone service company shall be added to andshall be stated separately in the billings to the service user.
P. The local exchange telephone company, wireless orother telephone service company shall have no obligation totake any legal action to enforce the collection of any feeimposed pursuant to authority of this section; however, shouldany service user tender a payment insufficient to satisfy allcharges, tariffs, fees and taxes for exchange telephone service, wirelessor other telephone service, the amount tendered shall becredited to the emergency telephone fee in the same manner asother taxes and fees. The local exchange wireless or othertelephone service company shall annually provide thegoverning body with a list of amounts uncollected along with thenames and addresses of those service users which carry a balancethat can be determined by the local exchange wireless or othertelephone service company or to be a nonpayment of any feeimposed pursuant to the authority of this section.
Q. Any fee imposed pursuant to the authority providedby this section shall
be collected insofar as practicable at the same time as, andalong with’ the charges for
exchange telephone service wireless or other telephoneservice in accordance with the
regular billing practice of the local exchange telephoneservice, wireless or other telephone service company. Thetariff rates determined by or stated in the billing of the
local exchange telephone company shall be presumed to becorrect if such charges
were made in accordance with the business practices of thelocal exchange telephone company?..
Include relevant references to the other types of telephoneservice companies throughout Section 2815 and provide for localgoverning bodies to set 911 fee amount for other types oftelephone service companies.
A. Any fee imposed pursuant to Section 2814 of this title andthe amounts required to be collected are due monthly. The amountof fee collected in one (1) month by the local exchange wirelessor other telephone service company shall be remittedto the governing body no later than thirty (30) days after theclose of the month in which such fees were collected. All feescollected by the local exchange, wireless or othertelephone service company and remitted to the governingbody and any other money collected to fund the emergencytelephone system shall be deposited in a special nine-one-oneaccount established by the governing body??..
B. On or before the last day of each month, a return for thepreceding month shall be filed with the governing body in a formthe governing body and the local exchange wireless or othertelephone service company agree to. The local exchange, wirelessor other telephone service company required to file thereturn shall deliver the return together with a remittance of theamount of the fee payable to the treasurer or other personresponsible to the governing body for receipt of payments fromthe fee. The local exchanged wireless or other telephone servicecompany shall maintain records of the amount of any fee collectedin accordance with the provisions of the Nine-One-
One Emergency Number Act……….
C. From every remittance of the collected fee to the governingbody made on or before the date when the same becomes due, thelocal exchange telephone company required to remit the fee shallbe entitled to deduct and retain for administrative costs, anamount not to exceed three percent (3%) of the first five percent(5%) of the emergency telephone fee. From every remittance ofthe collected fee to the governing body made on or before thedate when the same becomes due , the wireless or other telephoneservice company required to remit the fee shall be entitled todeduct and retain for administrative costs, an amount not toexceed three percent (3%) of the 911 fee collected.
D. At least once each calendar year, the governing body shallestablish the fee for the subsequent year in an amount not toexceed the amount approved by the voters as provided by theprovisions of Section 2814 of this title or the maximum amountallowed by this Act that, together which any surplusrevenues, will produce sufficient revenue to fund theexpenditures authorized by the Nine-One-One Emergency NumberAct?..Immediately upon making its determination and fixingthe fee, the governing body shall publish in its minutes the newfee, and it shall, at least ninety (90) days before the new feeshall become effective, notify by certified mail every localexchange wireless or other telephone servicecompany providing emergency telephone service to areas within thejurisdiction of the governing body?
Create a new Section 2816 to require that other telephoneservice companies providing new service in an area with anexisting 911 system also provide 911 service and provideinformation necessary to keep existing 911 data bases up to date.
Section 2816. All local exchange companies, wireless andother telephone service companies providing dial tone to serviceusers in an area in which nine-one-one emergency telephoneservice is currently operating shall also provide emergencytelephone service to all of its subscribing service users in thatarea. Wireless and other telephone service companies shallprovide information regarding subscribers to cities and countiesanswering emergency telephone calls for service and to localexchange companies for maintenance of existing nine-one-one databases. Such information shall include but shall not be limited tothe names, telephone numbers and addresses of subscribers.Additionally all other telephone service companies shall notifycities and counties with emergency telephone service and localexchange telephone companies of new subscribers, canceled serviceand relocations within forty-eight (48) hours of thesubscription, cancellation or notification of relocation.