Amending the act of July 9, 1990 (P.L.340,No.78), entitled An act providing for a Statewide emergencytelephone number 9-1-1 system; providing for contributions fromtelephone subscribers; providing a penalty; and making a repealsfurther providing for a 9-1-1 emergency communication system, foruse of contribution fees and for training of dispatchers;establishing the Advisory Council on 9-1-1 and providing for itspowers and duties; and making editorial changes.
The General Assembly of the Commonwealth ofPennsylvania hereby enacts as follows:
Section 1. The definitions of”contribution rate, “County plan” and”department” in section 2 of the act of July 9, 1990(P.L.340, No.78), known as the Public Safety Emergency TelephoneAct, are amended and the section is amended by adding definitionsto read:
Section 2. Definitions
The following words and phrases when used inthis act shall have the meanings given to them in this sectionunless the context clearly indicates otherwise:
“ADVISORY COUNCIL.. THE ADVISORY COUNCIL ON 911 ESTABLISHED UNDER SECTION 10.S.
“ALI.” AUTOMATIC LOCATION IDENTIFICATION.
“Contribution rate.” A fee assessedagainst a telephone subscriber for the nonrecurring costs,maintenance and operating costs of a 9-1-1 system. Counties ofthe first through second class A may impose a monthlycontribution rate in an amount not to exceed $1 per line on eachlocal exchange access line. Counties of the third through fifthclass may impose monthly contribution rates in an amount not toexceed $1.25 per line on each local exchange access line.Counties of the sixth through eighth class may impose a monthlycontribution rate in an amount not to exceed $ 1.50 per line oneach local exchange access line. The contribution rate may beused by counties for the expenses of implementing, expanding orupgrading a 9-1-1 system. Expenses eligible for reimbursementthrough the contribution rate shall include telephone terminalequipment, trunk line service installation, network changes,building of initial data base and any other nonrecurring costs toestablish a 9-1-1 system. The contribution rate may also be usedto fund recurring costs pursuant to section 8(b). Expenses noteligible for reimbursement through the contribution rate shallinclude purchase of real estate, cosmetic remodeling, centraloffice upgrades, hiring and training ofdispatchers, mobile communications equipment, ambulances, fireengines or other emergency vehicles, utilities, taxes and otherexpenses as determined by the Department of CommunityAffairs AGENCY .
“County plan.” A document submittedby the county to the department AGENCY, outliningits proposed 9-1-1 system, including a contribution rate.
Department.. The Department ofCommunity Affairs of the Commonwealth.
“MUNICIPALITY.” A CITY. BOROUGH.TOWN OR TOWNSHIP.
RESPONSE AGENCY.” ANY EMERGENCYSERVICES AGENCY. INCLUDING. BUT NOT
LIMITED TO. POLICE. FIRE. AMBULANCE OREMERGENCY MEDICAL SERVICES.
Section 2. Sections 3, 4, 5, 7(a) and 8 of theact are amended to read:
Section 3. Telecommunications management.
(a) Powers and duties of department AGENCY.– The department AGENCY shall havethe following powers and duties:
(1) To adopt rules and regulations pursuant tothis act: provided, That the department AGENCYshall have the power and authority to promulgate, adopt,publish and use guidelines for the implementation of this act fora period of one year immediately following the effective date ofthis section pending adoption of final rules and regulations.Guidelines proposed under the authority of this section shall besubject to review by the General Counsel and the Attorney Generalin the manner provided for the review of proposed rules andregulations pursuant to the act of October 15, 1980 (P.L.950,No.164), known as the Commonwealth Attorneys Act, but shall notbe subject to review pursuant to the act of June 29, 1982(P.L.633, No.181), known as the Regulatory Review Act.
(2) To establish guidelines and applicationprocedures for the establishment of contribution rates.
(3) To receive, review and approve ordisapprove all 9-1-1 system county plans.
(4) To forward a copy of each county planapplication to the council and the commission for their review asrequired by this act.
(5) To submit an annual report, not later thanJanuary 1 of each year, to the Governor and the General Assemblyand include at least the following:
(i) The extent to which ~1-1 systems currentlyexist in Pennsylvania.
(ii) Those counties which completedinstallation, and costs and expenses for installation.
(iii) An anticipated schedule for installing a9-1-1 system on a county basis for that year,
(6) TO CREATE THE POSITION OF 911 DIRECTORWITHIN THE AGENCY. THE 911 DIRECTOR SHALL ONLY BE RESPONSIBLE FORASSISTING COUNTIES IN CARRYING OUT THE PROVISIONS OF THIS ACT.
(b) Powers and duties of the council. – Thecouncil shall have the following powers and duties:
(1) To establish technical standards for allcounty plans.
(2) To review all county plans, including the initialapplication forwarded by the department AGENCYfor conformity to the technical standards.
(3) To review county plans to determine ifequipment conforms to the technical standards.
(4) To recommend approval of plans or indicatedeficiencies in plans to the department AGENCY.
(c) Powers and duties of the commission. – Thecommission shall have the following powers and duties:
(1) Review the contribution rate requested bythe county based on the costs of the plan.
(2) Approve or modify the contribution raterequested by the county and forward its decision to
the department AGENCY.
Section 4. Counties.
(a) Powers and duties. – The board of countycommissioners, or, in a home rule county, the appropriate bodyaccording to the home rule charter, shall have the followingpowers and duties in relation to a 9-1-1 system:
(1) To designate a member of county governmentas a coordinator who shall serve as a point of contact with the departmentAGENCY and shall develop a county plan for theimplementation, operation and maintenance of a 9-1-1 system.Where technologically feasible, the county plan shall be adequateto provide service for the entire county.
(2) To make arrangements with each telephonecompany providing local exchange telephone service within thecounty’s jurisdiction to provide 9-1-1 service.
(3) To send a copy of the proposed county planto the appropriate telephone company upon submission of the planto the department AGENCY.
(4) To cooperate with the departmentAGENCY, the council and the commission in preparation andsubmission of the county plan and contribution rate.
(5) To execute all contracts, mutual aidagreements, cross-service agreements and all other necessarydocuments which may be required in the implementation of thecounty plan.
(b) Persons outside the county. — When anindividual physically resides in an adjacent county, but receiveslocal exchange telephone service from a central office in acounty which provides 9-1-1 service, it shall be theresponsibility of the county with the 9-1-1 service to notify theappropriate public agency of a request for emergency service fromsuch an individual.
(c) Cities of the second class, second class Aand third class. – Any city of the second class, second class Aor third class that has established a 9-1-1 system prior to theeffective date of this act may exercise the powers and duties ofcounties under this act. Any city of the second class, secondclass A or third class that has not established a 9-1-1 systemprior to the effective date of this act may exercise the powersand duties of counties under this act only when the county haschosen not to exercise those powers and duties. The powers andduties granted to cities under this section shall be applicableand may be exercised only within the boundaries of the city. Noaction by a city pursuant to this section shall preempt thepowers and duties of a county to establish a 9-1-1 system outsidethe boundaries of the city at any time. The departmentAGENCY may establish regulations governing the exercise ofpowers and duties granted to cities of the second class, secondclass A and third class by this section.
Section 5. County plan.
(a) Minimum standards. Upon the agreement ofthe governing authority of a county to establish a 9-1-1 system,a plan shall be drafted meeting at least the minimum technicalstandards promulgated by the council. The county may obtaintechnical assistance from the council in formulating its plan.Each 9-1-1 plan shall be designed to meet the individualcircumstances of each community and the public agenciesparticipating in the 9-1-1 system.
(b) Completion.- Upon completion of the plan,it shall be forwarded to the department AGENCY,with a copy of the plan being sent to those telephone companiesaffected by the plan.
(c) Department AGENCY review.- The department AGENCY shall initiallyreview the county plan for completeness. The departmentAGENCY shall forward a copy of the county plan and theproposed contribution rate to the council and the commission forreview as required by this section. After the county plan hasbeen reviewed by the council and the commission, the departmentAGENCY shall approve or reject a county plan based on therecommendations of the council and the commission. If the countyplan is rejected, the department AGENCY shallreturn the county plan and explain the deficiencies that causedthe rejection.
(d) Council review. – The council shall have 60days to review the plan and make suggested revisions of the plan.The council shall submit its findings in writing to the departmentAGENCY . The Pennsylvania Emergency Management AGENCY mayact as agent for the council in the administration of the planapproval process.
(e) Commission review. – The commission shallreview the county plan only in relation to the contribution rateand may modify only those contribution rates which H findsexcessive to meet the costs stated in the plan. The rates shallbe reviewed and a decision forwarded to the departmentAGENCY within 60 days of the date of submission. If thecommission fails to review the contribution rate within 60 days,the contribution rate will be deemed approved by the commission.
(f) Present systems. – Those counties thatpresently have 9-1-1 systems may establish a contribution rate tocover nonrecurring and operating costs of an existing 9-1-1system by using the same contribution rate approval mechanism asa new 9-1-1 system for the purposes of this act. A county whichdoes not have a 9-1-1 system in operation on the effective dateof this act but which awarded a contract for such a system priorto the effective date of this act shall be considered to have apresent system.
(g) Regional systems. – Nothing in this actshall be construed to prohibit the formation of multijurisdictional or regional 9-1-1 systems, and any systemestablished under this act may include the territory of a county.
(h) Contribution rate changes. – Once a planand contribution rate has been established, the contribution rateshall remain fixed for a period of at least three years. Updatingand expanding the present system shall require an amended plan tobe filed with the department AGENCY . Thecontribution rate shall remain fixed for three years even if thepresent system is updated and expanded. Requests for contributionrate changes shall be submitted to the departmentAGENCY to be forwarded, to the commission for approval asprovided by subsection (e). Contribution rate increases shall nothe permitted more often than every three years and shall not takeeffect unless approved by the commission.
(i) Assessment. – The moneys collected fromtelephone contribution rate shall be utilized for payments ofnonrecurring and recurring costs of 9-1-1 , system. Thecontribution rate may be imposed at any time subsequent to theexecution of a contract the provider of a 9-1-1 service at thediscretion of the governing body and pursuant to approval of thecounty plan and contribution rate under the provisions of thissection. The money collected from the contribution rate is acounty fee collected by the telephone company; the moneyis not subject to taxes or charges levied on or by the telephonecompany, The money collected from the contribution rate shall notbe considered revenue of the telephone company for any purpose.
Section 7. Collection and disbursement ofcontribution.
a) Subscribers’ contribution. – Each servicesupplier providing local exchange telephone service within thecounty shall collect the contribution from each subscriber andforward the collection quarterly less the actual uncollectiblesexperienced by the local exchange telephone companies to thecounty treasurer or, in a home rule county, the county officialresponsible for the collection and disbursement of funds. Theamount of the subscribers’ contribution shall be statedseparately in the telephone subscribers’ billing. Each servicesupplier shall retain the fair and reasonable cost to establishthe 9-1-1, contribution rate billing system and an amount not toexceed 2% I% of the grossNET receipts collected to cover actual administrativecosts.
Section 8. Expenditures for nonrecurring costs,maintenance and operation of 9-1-1 systems.
a) Expenditures authorized.—During eachcounty’s fiscal year, the county may expend the amountsdistributed to it from the contribution rate for the nonrecurringcosts, maintenance and operation of a county 9-1-1 system.
b) Items included in nonrecurring costs,maintenance and operation costs. – Maintenance and operationcosts may include telephone company charges, equipment costs orequipment lease charges, repairs, utilities, data basemaintenance costs, personnel salary and benefit costs which aredirectly
related to the provision 9-1-1 services, auditcosts and appropriate carryover costs from previous years, TRAININGCOSTS AND COSTS ASSOCIATED WITH DEVELOPING A MASTER STREETADDRESS GUIDE . Maintenance and operation costs shall notinclude any cost necessary to house the 9-1-1, system. Nomore than 60% of the contribution rate collected during eachcounty’s fiscal year may be utilized to fund personnel salary andbenefit costs.
c) Limitations on expenditures. – The departmentAGENCY shall adopt procedures to assure that the totalamount collected from the 9-1-1 contribution rate shall beexpended only for the nonrecurring costs, maintenance andoperation of a county 9-1-1 System. Nonrecurring Costs shall beamortized over a minimum of three years.
d) Triennial audit. ~ The departmentAGENCY shall require a triennial audit of each county’sexpenditures for the nonrecurring costs, maintenance andoperation of 9-1-1 systems. The triennial audit cost shall bepaid by the respective county from contribution rate revenues.
(E) PUBLIC EDUCATION.—EACH COUNTY MAYUSE MONEYS RECEIVED FROM THE IMPOSITION OF THE CONTRIBUTION RATETO EDUCATE THE PUBLIC ON THE 9-1-1 SYSTEM. EDUCATION MAY INCLUDE.BUT IS NOT LIMITED TO CONFIRMING WITH ALL RESIDENTS OF THE COUNTYTHEIR ACTUAL STREET ADDRESS.
Section 3. The act is amended by addingsections to read:
SECTION 10.1. MINIMUM TRAINING STANDARDS.
THE AGENCY SHALL IN COOPERATION WITH THENATIONAL EMERGENCY NUMBER ASSOCIATION (NENA) DEVELOP MINIMUMTRAINING STANDARDS FOR ALL EMERGENCY DISPATCHERS WITHIN THISCOMMONWEALTH. THESE TRAINING STANDARDS SHALL BE IMPLEMENTEDWITHIN ONE YEAR OF THE ENACTMENT OF THIS SECTION. EMERGENCYDISPATCHERS SHALL HAVE 18 MONTHS TO MEET THE DEVELOPED TRAININGSTANDARDS. ANY PERSON HIRED AS AN EMERGENCY DISPATCHER AFTER THETRAINING STANDARDS HAVE BEEN DEVELOPED MUST MEET THEREQUIREMENTS.
SECTION 10.2. PRIVACY OF 9-1-1 CALLS.
ALL RELATED RECORDS AND TAPE RECORDINGS OF9-1-1 CALLS THAT ARE KEPT BY A 9-1-1 SYSTEM ARE DEEMEDCONFIDENTIAL AND SHALL BE EXEMPT FROM THE ACT OF JUNE 21 1957(P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW, AND ANYOTHER OPEN RECORD LAW.
SECTION 10.3. STANDARDS FOR 911 DATABASES.
THE AGENCY SHALL IN COOPERATION WITH THENATIONAL EMERGENCY NUMBER ASSOCIATION (NENA) DEVELOP ALI DATABASEMAINTENANCE STANDARDS. THE AGENCY SHALL PUBLISH THESE STANDARDSIN THE PENNSYLVANIA BULLETIN WITHIN ONE YEAR OF ENACTMENT OF THISSECTION. ALL LOCAL EXCHANGE TELEPHONE SERVICE COMPANIES ANDCOUNTIES SHALL FOLLOW THE STANDARDS DEVELOPED FOR ALI DATABASEMAINTENANCE.
SECTION 10.4. GOOD SAMARITAN CIVIL IMMUNITY.
A PERSON WHO CONTACTS AN EMERGENCYDISPATCHER, VIA A 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM ANDRENDERS EMERGENCY CARE. FIRST AID OR RESCUE OR MOVES THE PERSONRECEIVING THE CARE. FIRST AID OR RESCUE. WHILE ACTING UPON THEDIRECTION OF AN EMERGENCY DISPATCHER SHALL NOT BE LIABLE TO SUCHPERSON FOR ANY CIVIL DAMAGES AS A RESULT OF ANY ACTS OR OMISSIONSIN RENDERING THE DIRECTED EMERGENCY CARE FIRST AID OR RESCUE ORMOVING THE PERSON RECEIVING THE SAME, EXCEPT ANY ACTS OROMISSIONS INTENTIONALLY DESIGNED TO HARM OR ANY GROSSLY NEGLIGENTACTS OR OMISSIONS WHICH RESULT IN HARM TO THE PERSON RECEIVINGTHE EMERGENCY CARE FIRST AID OR RESCUE OR BEING MOVED.
SECTION 10.5. ADVISORY COUNCIL ON 9-1-1.
(A) ESTABLISHMENT.—THERE IS HEREBYESTABLISHED AN ADVISORY COUNCIL TO BE KNOWN AS THE ADVISORYCOUNCIL ON 9-1-1.
(B) MEMBERSHIP.—THE ADVISORY COUNCILSHALL CONSIST OF 11 MEMBERS AS FOLLOWS:
(1 ) THE 9-1-1 DIRECTOR UNDER THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY
(2) ONE PENNSYLVANIA PUBLIC UTILITY COMMISSIONER OR A DESIGNEE APPOINTED BY THE GOVERNOR.
(3) THREE COUNTY COORDINATORS AS DESIGNATED IN SECTION 4 (A) (1 ) APPOINTED BY THE GOVERNOR.
(4) ONE REPRESENTATIVE OF A TELEPHONE TRADE ASSOCIATION, APPOINTED BY THE GOVERNOR.
(5) ONE REPRESENTATIVE OF A WIRELESS COMMUNICATIONS TRADE ASSOCIATION APPOINTED BY THE GOVERNOR.
(6) ONE MEMBER OF THE SENATE APPOINTED BY THE MAJORITY LEADER OF THE SENATE.
(7) ONE MEMBER OF THE SENATE APPOINTED BY THE MINORITY LEADER OF THE SENATE.
(8) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES.
(9) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.
(C) ORGANIZATION.—THE ADVISORY COUNCILSHALL PROVIDE FOR ITS ORGANIZATION AND PROCEDURE INCLUDING THEANNUAL ELECTION OF A CHAIRMAN AND OTHER OFFICERS AS DEEMEDNECESSARY.
(D) COMPENSATION.—THE MEMBERS OF THEADVISORY COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICESON THE ADVISORY COUNCIL BUT SHALL BE REIMBURSED FOR ANYREASONABLE AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OFTHEIR DUTIES BY THE AGENCY.
(E) MEETINGS.—THE ADVISORY COUNCILSHALL MEET AT LEAST ONE TIME A YEAR AND UPON THE REQUEST OF THECHAIRMAN OR FOUR MEMBERS OF THE ADVISORY COUNCIL.
(F) POWERS AND DUTIES.—THE ADVISORYCOUNCIL SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(1) TO MEET AND DISCUSS ISSUES SURROUNDING THE 9-1-1 AND ENHANCED 9-1-1 SYSTEMS
(2) TO DETERMINE WHETHER CHANGES IN LEGISLATION. REGULATIONS POLICY OR PROGRAMS DEALING WITH 9-1-1 ARE NEEDED.
(3) TO ADVISE THE GENERAL ASSEMBLY AND THE AGENCY OF THE POSSIBLE EFFECTS OF LEGISLATION OR REGULATIONS PERTAINING TO 9-1-1.
(G) REPORTS.—THE ADVISORY COUNCIL SHALLREPORT THE RESULTS OF THEIR MEETINGS TO THE AGENCY AND ANY OTHERGOVERNMENT ENTITY THE ADVISORY COUNCIL DEEMS NECESSARY.
(H) SUPPORT SERVICES—THE AGENCY SHALLPROVIDE THE ADVISORY COUNCIL WITH NECESSARY ADMINISTRATIVE ANDCLERICAL SUPPORT SERVICES
SECTION 10.6. COUNTY EVALUATION PROGRAM.
EVERY 9-1-1 SYSTEM SHALL CONDUCT AQUALITY ASSURANCE PROGRAM. EACH PROGRAM SHALL CONSISTOF THE COUNTY COORDINATOR REVIEWING A MINIMUM OF 10% OFCALLS TAKEN IN A CALENDAR YEAR. THE COORDINATOR SHALL USE THERESULTS OF THE REVIEW TO IMPROVE THE PROCEDURES USED BY THE 9-1-1OPERATORS.
SECTION 10.7. MUNICIPAL DESIGNATION OFRESPONSE AGENCIES.
AT THE BEGINNING OF EACH CALENDAR YEAR, EVERYMUNICIPALITY IN THIS COMMONWEALTH SHALL PROVIDE A LIST OFPREFERRED RESPONSE AGENCIES THAT ARE LOCATED WITHIN THEMUNICIPALITY OR A NEARBY MUNICIPALITY TO THE 9-1-1 COORDINATOR INTHE COUNTY THE MUNICIPALITY IS LOCATED. THE LIST SHALL INCLUDE APRIMARY CHOICE AND ANY SECONDARY CHOICES THE MUNICIPALITY WISHESTO INCLUDE. A MUNICIPALITY SHALL NOT BE HELD LIABLE IN ANY WAYFOR ITS DESIGNATION OF RESPONSE AGENCIES. THE 9-1-1 SYSTEMS SHALLUSE THE APPROPRIATE PRIMARY RESPONSE AGENCY LISTED BY THEMUNICIPALITY. IF THE PRIMARY RESPONSE AGENCY IS NOT AVAILABLETHEN THE 9-1-1 SYSTEM SHALL USE THE NEXT LISTED RESPONSE AGENCYAND SO ON UNTIL THE LIST IS EXHAUSTED. IF THE LIST OF RESPONSEAGENCIES IS EXHAUSTED PRIOR TO ANY RESPONSE, THE 9-1-1 SYSTEMSHALL CONTACT ANY OTHER RESPONSE AGENCY.
Section 4. Section 11 of the act is amended toread:
Section 11. Rules and regulations.
The department AGENCY, incooperation with the council and the commission, may prescribesuch application forms and promulgate such guidelines, rules andregulations as may be necessary to carry out the provisions ofthis act
Section 5. This act shall take effect in 60days.
WIRELESS LEGISLATION FOR THESTATE OF PENNSYLVANIA
PENNSYLVANIA 180TH GENERALASSEMBLY—1995-96 REGULAR SESSION
HOUSE BILL 2962
AN ACT
Amending the act of July 9, 1990 (P.L.340,No.78),entitled “An act providing for a Statewide emergencytelephone number 9-1-1 system; providing for contributions fromtelephone subscribers; providing a penalty; and making arepeal,” further providing for contributions from wirelesstelephone subscribers and for access to the 9-1-1 emergencycommunications system by wireless subscribers; and makingeditorial changes.
The General Assembly of the Commonwealth ofPennsylvania hereby enacts as follows:
Section 1. The definitions of”contribution rate, County plan” and”department” in section 2 of the act of July 9, 1990(P.L.340, No.78), known as the Public Safety Emergency TelephoneAct, are amended and the section is amended by adding adefinition to read:
Section 2. Definitions.
The following words and phrases when used inthis act shall have the meanings given to them in this sectionunless the context clearly indicates otherwise:
“Contribution rate” A fee assessedagainst a telephone subscriber for the nonrecurring costs,maintenance and operating costs of a 9-1-1 system. Counties ofthe first through second class A may impose a monthlycontribution rate in an amount not to exceed $1 per line on eachlocal exchange access line OR WIRELESS COMMUNICATION’SSUBSCRIBER RESIDING IN THE COUNTY. Counties of the thirdthrough fifth class may impose monthly contribution rates in anamount not to exceed $1.25 per line on each local exchange accessline OR WIRELESS COMMUNICATIONS SUBSCRIBER RESIDING IN THECOUNTY. Counties of the sixth through eighth class may imposea monthly contribution rate in an amount not to exceed $1.50 perline on each local exchange access line OR WIRELESSCOMMUNICATIONS SUBSCRIBER RESIDING IN THE COUNTY. Thecontribution rate may be used by counties for the expenses ofimplementing, expanding or upgrading a 9-1-1 system. Expenseseligible for reimbursement through the contribution rate shallinclude telephone terminal equipment, trunk line serviceinstallation, network changes, building of initial data base andany other nonrecurring costs to establish a 9-1-1 system. Thecontribution rate may also be used to fund recurring costspursuant to section 8(b). Expenses not eligible for reimbursementthrough the contribution rate shall include purchase of realestate, cosmetic remodeling, central office upgrades, hiring andtraining of dispatchers, mobile communications equipment,ambulances, fire engines or other emergency vehicles, utilities,taxes and other expenses as determined by the Departmentof Community Affairs PENNSYLVANIA EMERGENCYMANAGEMENT AGENCY.
“County plan.” A document submittedby the county to the department PENNSYLVANIAEMERGENCY MANAGEMENT AGENCY, outlining its proposed 9-1-1system, including a contribution rate.
“Department” The Department ofCommunity Affairs of the Commonwealth.
“WIRELESS-COMMUNICATIONS.” ANYTWO-WAY COMMUNICATION METHOD THAT DOES NOT USE WIRE LINETECHNOLOGY TO COMPLETE THE CALL. THIS SHALL NOT INCLUDE ONE-WAYCOMMUNICATION DEVICES.SUCH AS PERSONAL PAGERS.
Section 2. Sections 3, 4, 5, 7(a) and (e) and8(c) and (d) of the act are amended to read:
Section 3. Telecommunications management.
(a) Powers and duties of departmentAGENCY. – The department AGENCY shallhave the following powers and duties:
(1) To adopt rules and regulations pursuant tothis act: Provided, that the department AGENCYshall have the power and authority to promulgate, adopt,publish and use guidelines for the implementation of this act fora period of one year immediately following the effective date ofthis section pending adoption of final rules and regulations.Guidelines proposed under the authority of this section shall besubject to review by the General Counsel and the Attorney Generalin the manner provided for the review of proposed rules andregulations pursuant to the act of October 15, 1980 (P.L.950,No.164), known as the Commonwealth Attorneys Act, but shall notbe subject to review pursuant to the act of June 25, 1982(P.L.633, No.181), known as the Regulatory Review Act.
(2) To establish guidelines and applicationprocedures for the establishment of contribution rates.
(3) To receive, review and approve ordisapprove all 9-1-1 system county plans.
(4) To forward a copy of each county planapplication to the council and the commission for their review asrequired by this act.
5) To submit an annual report, not later thanJanuary 1 of each year, to the Governor and the General Assemblyand include at least the following:
(i) The extent to which 9-1-1 systems currentlyexist in Pennsylvania.
ii) Those counties which completedinstallation, and costs and expenses for installation.
iii) An anticipated schedule for installing a9-1-1 system on a county basis for that year.
b) Powers and duties of the council. — Thecouncil shall have the following powers and duties:
(1) To establish technical standards for allcounty plans.
(2) To review all county plans, including theinitial application forwarded by the department AGENCYfor conformity to the technical standards.
(3) To review county plans to determine ifequipment conforms to the technical standards.
(4) To recommend approval of plans or indicatedeficiencies in plans to the Department AGENCY.
c) Powers and duties of the commission. – Thecommission shall have the following powers and duties:
(1) Review the contribution rate requested bythe county based on the costs of the plan.
(2) Approve or modify the contribution raterequested by the county and forward its decision to the departmentAGENCY.
Section 4. Counties.
a) Powers and duties. – The board of countycommissioners, or, in a home rule county, the appropriate bodyaccording to the home rule charter, shall have the followingpowers and duties in relation to a 9-1-1 system:
(1) To designate a member of county governmentas a coordinator who shall serve as a point of contact with the departmentAGENCY and shall develop a county plan for theimplementation, operation and maintenance of a 9-1-1 system.Where technologically feasible, the county plan shall be adequateto provide service for the entire county.
(2) To make arrangements with each telephonecompany providing local exchange telephone service within thecounty’s jurisdiction to provide 9-1-1 service.
(3) To send a copy of the proposed county planto the appropriate telephone company upon submission of the planto the department AGENCY.
(4) To cooperate with the departmentAGENCY, the council and the commission in preparation andsubmission of the county plan and contribution rate.
(5) To execute all contracts, mutual aidagreements, cross-service agreements and all ether necessarydocuments which may be required in the implementation of thecounty plan.
(b) Persons outside the county. – When anindividual physically resides in an adjacent county, but receiveslocal exchange telephone service from a central office in acounty which provided 9-1-1 service, it shall be theresponsibility of the county with the 9-1-1 service to notify theappropriate public agency of a request for emergency service fromsuch an individual.
(c) Cities of the second class, second class Aand third class.—Any city of the second class, second classA or third class that has established a 9-1-1 system prior to theeffective date of this act may exercise the powers and duties ofcounties under this act. Any city of the second class, secondclass A or third class that has not established a 9-1-1 systemprior to the effective date of this act may exercise the powersand duties of counties under this act only when the county haschosen not to exercise those powers and duties. The powers andduties granted to cities under this section shall be applicableand may be exercised only within the boundaries of the city. Noaction by a city pursuant to this section shall preempt thepowers and duties of a county to establish a 9-1-1 system outsidethe boundaries of the city at any time. The departmentAGENCY may establish regulations governing the exercise ofpowers and duties granted to cities of the second class, secondclass A and third class by this section.
Section 5. County plan.
(a) Minimum standards. – Upon the agreement ofthe governing authority of a county to establish a 9-1-1, system,a plan shall be drafted meeting at least the minimum technicalstandards promulgated by the council. The county may obtaintechnical assistance from the council in formulating its plan.Each 9-1-1 plan shall be designed to meet the individualcircumstances of each community and the public agenciesparticipating in the system.
(b) Completion.—Upon completion of theplan, it shall be forwarded to the department AGENCY,with a copy of the plan being sent to those telephonecompanies affected by the plan.
(c) Department AGENCY review.– The department AGENCY shall initiallyreview the county plan for completeness. The departmentAGENCY shall forward a copy of the county plan and the proposedcontribution rate to the council and the commission for review asrequired by this section. After the county plan has been reviewedby the council and the commission, the departmentAGENCY shall approve or reject a county plan based on therecommendations of the council and the commission. If the countyplan is rejected, the department AGENCY shallreturn the county plan and explain the deficiencies that causedthe rejection.
(d) Council review. – The council shall have 60days to review the plan and make suggested revisions of the plan.The council shall submit its findings in writing to the departmentAGENCY. The Pennsylvania Emerson By ManagementAgency AGENCY may act as agent for the council inthe administration of the plan approval process.
(e) Commission review. – The commission shallreview the county plan only in relation to the contribution rateand may modify only those contribution rates which it findsexcessive to meet the costs stated in the plan. The rates shallbe reviewed and a decision forwarded to the departmentAGENCY within 60 days of the date of submission. If thecommission fails to review the contribution rate within 60 days,the contribution rate will be deemed approved by the commission.
(f) Present systems. – Those counties thatpresently have 9-1-1 systems may establish a contribution rate tocover nonrecurring and operating costs of an existing 9-1-1system by using the same contribution rate approval mechanism asa new 9-1-1 system for the purposes of this act. A county whichdoes not have a 9-1-1 system in operation on the effective dateof this act but which awarded a contract for such a system priorto the effective date of this act shall be considered to have apresent system.
(g) Regional systems. – Nothing in this actshall be construed to prohibit the formation ofmultijurisdictional or regional 9-1-1 systems, and any systemestablished under this act may include the territory of a county.
(h) Contribution rate changes. – Once a planand contribution rate has been established, the contribution rateshall remain fixed for a period of at least three years. Updatingand expanding the present system shall require an amended plan tobe filed with the department AGENCY. Thecontribution rate shall remain fixed for three years even if thepresent system is updated and expanded. Requests for contributionrate changes shall be submitted to the departmentAGENCY to be forwarded to the commission for approval asprovided by subsection (e). Contribution rate increases shall notbe permitted more often than every three years and shall not takeeffect unless approved by the commission.
(i) Assessment.—The moneys collected fromthe telephone AND WIRELESS COMMUNICATIONS SYSTEMS contributionrate shall be utilized for payments of nonrecurring and recurringcosts of a 9-1-1 system. The contribution rate may be imposed atany time subsequent to the execution of a contract with theprovider of a 9-1-1 service at the discretion of the governingbody and pursuant to approval of the county plan and contributionrate under the provisions of this section. The money collectedfrom the contribution rate is a county fee collected by thetelephone company; the money is not subject to taxes or chargeslevied on or by the telephone company. The money collected fromthe contribution rate shall not be considered revenue of thetelephone company for any purpose.
Section 7. Collection and disbursement ofcontribution.
(a) Subscribers’ contribution. – Each servicesupplier providing local exchange telephone service within thecounty OR WIRELESS COMMUNICATIONS SERVICE TO SUBSCRIBERSRESIDING WITHIN THE COUNTY shall collect the contributionfrom each subscriber and forward the collection quarterly lessthe actual uncollectibles experienced by the local exchangetelephone companies AND WIRELESS COMMUNICATIONS SERVICECOMPANIES to the county treasurer or, in a home rule county,the county official responsible for the collection anddisbursement of funds. The amount of the subscribers’contribution shall be stated separately in the telephonesubscribers’ billing. Each service supplier shall retain the fairand reasonable cost to establish the 9-1-1 contribution ratebilling system and an amount not to exceed 2% of the grossreceipts collected to cover actual administrative costs.
(e) Collection enforcement. – The localexchange telephone company has AND THEWIRELESS COMMUNICATIONS SERVICE COMPANY HAVE no obligation totake any legal action to enforce the collection of any chargeimposed pursuant to this act. Such action may be brought by or onbehalf of the public agency imposing the charge. The localexchange telephone company AND THE WIRELESS COMMUNICATIONSSERVICE COMPANY shall annually provide, upon request of thegoverning body, a list of the names and addresses of thoseservice users which carry a balance that can be determined by thetelephone company OR CELLULAR COMPANY to be the nonpaymentof any charge imposed pursuant to this act. The local exchangetelephone company AND THE WIRELESS COMMUNICATIONS SERVICECOMPANY is not liable for uncollectible amounts.
Section 8. Expenditures for nonrecurring costs,maintenance and operation of 9-1-1 systems.
(c) Limitations on expenditures. – The departmentAGENCY shall adopt procedures to assure that the totalamount collected from the 9-1-1 contribution rate shall beexpended only for the nonrecurring costs, maintenance andoperation of a county 9-1-1 system. Nonrecurring costs shall beamortized over a minimum of three years.
(d) Triennial audit.—The departmentAGENCY shall require a triennial audit of each county’sexpenditures for the nonrecurring costs, maintenance andoperation of 9-1-1 systems. The triennial audit cost shall bepaid by the respective county from contribution rate revenues.
Section 3. The act is amended by adding asection to read:
SECTION 10.1. WIRELESS COMMUNICATIONSSUBSCRIBERS ACCESS TO 9-1-1.
(A) GENERAL RULE.—THE COMMISSION SHALLREQUIRE EVERY WIRELESS COMMUNICATIONS SERVICE COMPANY WITHCUSTOMERS RESIDING WITHIN THIS COMMONWEALTH TO PROVIDE ACCESS TOCUSTOMERS ON ITS SYSTEMS TO LOCAL EMERGENCY TELEPHONE SERVICESWITHIN THIS COMMONWEALTH THAT UTILIZE THE 9-1-1 SYSTEM.
(B) CUSTOMER LOCATION.—FOR 9-1-1WIRELESS COMMUNICATIONS, WIRELESS COMMUNICATIONS COMPANIES SHALLPROVIDE A PUBLIC SAFETY ANSWERING POINT WITH A LOCATION OF THECUSTOMER.
(C) IMMUNITY.—NO WIRELESSCOMMUNICATIONS COMPANY, OR AGENT OR EMPLOYEE OR DIRECTOR OF AWIRELESS COMMUNICATIONS COMPANY, SHALL BE LIABLE TO ANY PERSONWHO USES THE 9-1-1 EMERGENCY SERVICE ESTABLISHED UNDER THIS ACT
(1 ) FOR RELEASE TO A PUBLIC SAFETYANSWERING POINT OF INFORMATION SPECIFIED IN THIS SECTION THAT ISNOT ALREADY PART OF THE PUBLIC RECORDS, INCLUDING UNPUBLISHEDTELEPHONE NUMBERS: OR
(2) FOR INTERRUPTIONS, OMISSIONS, DEFECTS,ERRORS, MISTAKES OR DELAYS IN TRANSMISSION OCCURRING IN THECOURSE OF RENDERING 9-1-1 EMERGENCY SERVICE UNDER THIS ACT,UNLESS SUCH INTERRUPTIONS, OMISSIONS, DEFECTS, ERRORS, MISTAKESOR DELAYS ARE CAUSED BY THE WILLFUL OR WANTON MISCONDUCT OF THECOMPANY, ITS AGENTS OR EMPLOYEES OR DIRECTORS. HOWEVER, NOTHINGIN THIS SECTION SHALL PRECLUDE THE APPLICATION OF ANY COMMISSIONTARIFF OR REGULATION PERTAINING TO ALLOWANCES FOR SERVICEINTERRUPTIONS.
Section 4. Section 11 of the act is amended toread:
Section 11. Rules and regulations.
The Department AGENCY,in cooperation with the council and the commission, may prescribesuch application forms and promulgate such guidelines, rules andregulations as may be necessary to carry out the provisions ofthis act.
Section 5. This act shall take effect in 60days.