This act would include cellular telephonesubscribers within the surcharge provisions for the funding ofthe 911 emergency Telephone Number Act.
This act would take effect upon passage.
It is enacted by the General Assembly asfollows
SECTION 1. Sections 39-21.1-3 and 39-21.1-14 ofthe General Laws in Chapter 39-21.1 entitled “911 EmergencyTelephone Number Act” are hereby amended to read as follows:
39-21.1-3. Definitions. – As used in thischapter
(a) “Public agency” means the stategovernment and any unit of local government or special purposedistrict located in whole or in part within the state whichprovides or has authority to provide firefighting, lawenforcement, ambulance, medical, or other emergency services.
(b) “Public safety agency” means afunctional division of a public agency which providesfirefighting, law enforcement, ambulance, medical, or otheremergency services.
(c) “Private safety agency” means aprivate entity which provides emergency fire, ambulance, ormedical services.
(d) “Public safety answering point(PSAP)” means a communications facility operated on a twentyfour (24) hour basis, assigned responsibility to transmit 911calls to other public safety agencies. It is the first point ofreception of a 911 call by a public safety agency and serves theentire state.
(e) “Relay method” means the methodof responding to a telephone request for emergency servicewhereby a public safety answering point notes pertinentinformation and relays it by telephone to the appropriate publicsafety agency or other provider of emergency services fordispatch of an emergency service unit.
(f) “Transfer method’s means the method ofresponding to a telephone request for emergency service whereby apublic safety answering point transfers the call directly to theappropriate public safety agency or other provider of emergencyservice for dispatch of an emergency service unit.
(g) “The 911 authority” means theagency of the state government in which responsibility foradministering the implementation and operation of 911 system isvested by the general assembly.
(h) Selective call rounding” means afeature that routes a 911 call from a central office to thedesignated public safety answering point based upon the telephonenumber of the calling party.
(i) “Automatic number identification(ANI)” means the system capability to identify automaticallythe calling telephone number and to provide a display of thatnumber at a public safety answering point.
(j) “Automatic location identification(ALI)” means the system capability to identify automaticallythe geographical location of the telephone being used by thecaller and to provide a display of the location information at apublic safety answering point. (K) “BILLABLE CELLULAR TELEPHONESET” MEANS AN INDIVIDUAL VOICE OR DATATRANSMISSION AND RECEPTION DEVICE WHICH IS ASSIGNED A NUMBER TOBE USED TO ACTIVATE TRANSMISSION OR RECEPTION THROUGH ANINTERMEDIARY WHICH CHARGES THE SUBSCRIBER-USER FOR ITS SERVICES.FOR PURPOSES OF THIS CHAPTER. THE INTERMEDIARY FACILITY SHALL BEDEEMED TO BE A TELEPHONE COMMON CARRIER.]
39-21.1-14. Funding. – (a) A monthly surchargeof forty-seven cents ($ .47) is hereby levied upon each residenceand business main telephone exchange line, including PBX trunksand Centrex equivalent trunks, in the state AND UPON EACHBILLABLE CELLULAR TELEPHONE SET . The surcharge shall bebilled by each telephone common carrier and shall be payable tothe telephone common carrier by the subscriber-user of thetelephone service.
(b) The amount of the surcharge shall not besubject to the tax imposed under chapter 18 of title 44 of thegeneral laws nor be included within the telephone common carriersgross earnings for the purpose of computing the tax under chapter13 of title 44.
(c) Special account established. – Thetelephone common carrier shall establish a special account towhich H shall depose on a monthly basis the amounts collected asa surcharge under this section. In determining the amountcollected, the telephone common carrier may include a factor foruncollectible billings computed in accordance with its customarybusiness practice.
(d) The money collected by the telephone commoncarrier shall be transferred within sixty (60) days after theinitial imposition of the surcharge and every month thereafter,to the general treasury, together with the accrued interest. Theamounts transferred to the general treasury shall be kept in aspecifically designated account for the operation of the 911system only.
(e) Every billed subscriber-user shall beliable for any surcharge imposed under this section until it hasbeen paid to the telephone common carrier. Any surcharge shall beadded to and mandated separately in the billing by the telephonecommon carrier and shall be collected by the telephone commoncarrier
(f) The telephone common carrier shall annuallyprovide the 911 authority or any other agency that may replace H.with a list of amounts uncollected together with the names andaddresses of as subscriber-users who can be determined by thecommon carrier to have not paid the surcharge.
SECTION 2. This act shall take effect uponpassage.
WIRELESS LEGISLATION FOR THESTATE OF RHODE ISLAND
RHODE ISLAND 1997-98 LEGISLATIVESESSION
HOUSE BILL 6095
AN ACT
RELATING TO PUBLIC UTILITIES ANDCARRIERS—E-911 UNIFORM EMERGENCY TELEPHONE SYSTEMDIVISION
This act establishes the E-911 UniformEmergency Telephone System Authority, transferring to it thefunctions, duties, and powers of operating the statewide E-911uniform emergency telephone system from the executive departmentand providing for the establishment of standards fortelecommunications service providers with corresponding powers ofregulation and enforcement within the authority.
This act would take effect upon passage.
It is enacted by the General Assembly asfollows
SECTION 1. Sections 39-21-2, 39-21-3, 39-21 4,3-21-5, 39-21-6, 39-21-7, 39-21-8, 39-21-9, 39-21-10,
39-21-11, 39-21-13, 39-21-14 and 39-21-15 ofthe General Laws in Chapter 39-21 entitled E-911 UniformEmergency Telephone System Division” are hereby amended toread as follows:
39-21-2. Establishment of the E 911Uniform Emergency Telephone System Division. ESTABLISHMENTOF THE E-911 UNIFORM EMERGENCY TELEPHONE SYSTEM AUTHORITY. (A)There is hereby established within the executivedepartment the E-911 Uniform Emergency Telephone System divisionAUTHORITY with all powers and authority necessary foracquiring, planning, designing, constructing, extending,improving, operating, and maintaining the Uniform EmergencyTelephone System in this state.
(B) IT lS THE INTENT OF THE GENERAL ASSEMBLYBY PASSAGE OF THIS CHAPTER TO VEST IN THE AUTHORITY ALL POWERS.AUTHORITY, RIGHTS. PRIVILEGES AND TITLES WHICH MAY BE NECESSARYTO ENABLE IT TO ACCOMPLISH THE PURPOSES HEREIN SET FORTH. ANDTHIS CHAPTER AND THE POWERS HEREIN GRANTED SHALL BE LIBERALLYCONSTRUED IN CONFORMITY WITH SUCH PURPOSES.
(C) THE AUTHORITY AND ITS CORPORATEEXISTENCE SHALL CONTINUE UNTIL TERMINATED BY LAW. UPONTERMINATION OF THE EXISTENCE OF THE AUTHORITY ALL THE RIGHTS ANDPROPERTIES SHALL PASS TO AND BE VESTED IN THE STATE. AND. INACCORDANCE WITH THE LAW. THE GOVERNOR MAY PERMIT WHATEVER RIGHTSAND PROPERTIES HE SHALL SEE FIT TO PASS TO MUNICIPALITIES LOCATEDWITHIN THE STATE IF SUCH MUNICIPALITY OR MUNICIPALITIES ACCEPTSUCH RIGHTS TO PROPERTIES.
(D) THE COMMISSION. AS THE GOVERNING BODY OFTHE AUTHORITY. SHALL SERVE AS A QUASI-JUDICIAL TRIBUNALWITH JURISDICTION. POWERS, AND DUTIES TO ESTABLISH AND ENFORCESTANDARDS OF QUALITY OF SERVICE, PERFORMANCE OF SERVICE. ANDTECHNOLOGICAL COMPLIANCE OF TELECOMMUNICATIONS SERVICE PROVIDERS.THE COMMISSION SHALL ALSO BE EMPOWERED TO HOLD HEARINGS ANDCONDUCT INVESTIGATIONS CONCERNING STANDARDS OF QUALITY OFSERVICE. PERFORMANCE OF SERVICE AND TECHNOLOGICAL COMPLIANCE OFTELECOMMUNICATIONS SERVICE PROVIDERS. ANY STANDARDS ESTABLISHEDBY THE COMMISSION ON BEHALF OF THE AUTHORITY. SHALL BEESTABLISHED IN ACCORDANCE WITH TITLE 42. CHAPTER 35. OF THEGENERAL LAWS.
(E) COMMISSIONERS MAY AT ANY TIME BE REMOVEDFROM OFFICE BY THE GOVERNOR FOR INEFFICIENCY. NEGLECT OF DUTY, ORMALFEASANCE IN OFFICE. BUT NO COMMISSIONER SHALL BE REMOVED FROMOFFICE WITHOUT AN OPPORTUNITY TO BE HEARD. PUBLICLY BEFORE THEGOVERNOR AND AFTER BEING GIVEN NOTICE IN WRITING OF THE CHARGESAGAINST HIM OR HER. A COPY OF THE CHARGES AND A TRANSCRIPT OF THERECORD OF THE HEARING SHALL BE FILED WITH THE SECRETARY OF STATE.WHEN THE TERM OF OFFICE OF A COMMISSIONER SHALL EXPIRE,AND HE OR SHE HAS PARTICIPATED IN HEARING ALL OR A SUBSTANTIALPART OF THE EVIDENCE IN A PROCEEDING PENDING BEFORE THECOMMISSION. HE OR SHE SHALL REMAIN A COMMISSIONER FOR THE SOLEPURPOSE OF COMPLETING THE HEARING AND DECIDING THE MATTER SOPENDING AND SIGNING THE FINDINGS. ORDERS, AND JUDGMENTS THEREIN.FOR SUCH SERVICES. THE COMMISSIONER SHALL BE PAID REASONABLECOMPENSATION AND NECESSARY EXPENSES AS FIXED BY THE COMMISSION ASCOMPOSED FOLLOWING THE EXPIRATION OF HIS OR HER TERM OF OFFICE.FOR THIS PURPOSE. A PROCEEDING SHALL BE DEEMED COMPLETEDWHEN THE COMMISSION ENTERS ITS FINAL ORDER THEREIN REGARDLESS OFWHETHER THE ORDER IS OR MAY BE APPEALED TO THE SUPERIOR COURT ANDTHE CASE REMANDED TO THE COMMISSION FOR FURTHER PROCEEDINGS.
(F) THE AUTHORITY SHALL HAVE THE POWERS OF ACOURT OF RECORD IN THE DETERMINATION AND ADJUDICATION OF ALLMATTERS OVER WHICH IT IS GIVEN JURISDICTION. IT MAY MAKE ORDERSAND RENDER JUDGMENTS AND ENFORCE THE SAME BY ANY SUITABLE PROCESSISSUABLE BY THE SUPERIOR COURT. THE AUTHORITY SHALL HAVE ANOFFICIAL SEAL. WHICH SHALL HAVE ENGRAVED THEREON THE WORDS”STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS E-911UNIFORM EMERGENCY TELEPHONE SYSTEMAUTHORITIES THE AUTHORITY SHALL HAVE THE POWER TO DO A COMPLETEAUDIT OF THE BOOKS OF ALL TELECOMMUNICATIONS SERVICE PROVIDERSDOING BUSINESS IN THIS STATE.
(G) SIX (6) COMMISSIONERS SHALL CONSTITUTE AQUORUM FOR THE TRANSACTION OF ANY BUSINESS. EXCEPT AS PROVIDED.MEETINGS OF THE COMMISSION MAY BE HELD AT ANY TIME OR PLACE UPONTHE CALL OF THE CHAIR. (OR VICE-CHAIR. IN THE CHAIR’S ABSENCE).AFTER A REASONABLE NOTICE TO THE OTHER MEMBERS. THREE (3)COMMISSIONERS SHALL BE REQUIRED AT A HEARING AT WHICH THECOMMISSION PROPOSES TO TAKE ACTION UPON OR AGAINST ANYTELECOMMUNICATIONS SERVICE PROVIDER CONCERNING ITS COMPLIANCE ORNON-COMPLIANCE WITH QUALITY OF SERVICE, PERFORMANCE OF SERVICE.OR TECHNOLOGICAL COMPLIANCE STANDARDS ESTABLISHED BY THEAUTHORITY, EXCEPT THAT THE CONCURRENCE OF A MAJORITY OF THECONSTITUTED COMMISSIONERS THEN HOLDING OFFICE SHALL BE REQUIREDFOR THE RENDERING OF A DECISION THEREON. IN ANY HEARING BEFOREIT. THE COMMISSION SHALL NOT BE BOUND BY THE TECHNICAL RULES OFEVIDENCE.
(H) THE AUTHORITY, THROUGH ITS EXECUTIVEDIRECTOR OR ITS LEGAL COUNSEL. IS AUTHORIZED AND EMPOWERED TOSUMMON AND EXAMINE WITNESSES AND TO COMPEL THE PRODUCTION OF ANYDOCUMENTS. RECORDS. OR OTHER LEGAL EVIDENCE PERTAINING TO MATTERSWITHIN ITS JURISDICTION. FAILURE OF A PARTY TO APPEAR OR TOPRODUCE ANY DOCUMENTS. RECORDS, OR OTHER LEGAL EVIDENCE SHALLSUBJECT THE PARTY SO FAILING TO DO SO TO SUCH PENALTIES THAT AREOTHERWISE APPLICABLE BY LAW TO PERSONS WHO REFUSE TO OBEYSUBPOENAS.
(I) ALL COMMISSIONS WHO ARE NOT PUBLICEMPLOYEES SHALL RECEIVE COMPENSATION OF FIFTY DOLLARS ($ 50.00)FOR EACH DAY’S ATTENDANCE AT DULY CONSTITUTED MEETINGS OF THEAUTHORITY FOR THE TRANSACTION OF ANY OFFICIAL BUSINESS.
39-21-3. Personnel. – (a) The governorAUTHORITY shall appoint an executive director of the E-911Uniform Emergency Telephone System DivisionAUTHORITY who shall direct the affairs of the divisionAUTHORITY. The division AUTHORITY mayemploy technical experts and other officers, agents, andattorneys and fix their qualifications, duties, and compensation.The executive director and the technical experts, officers,agents, and attorneys so employed shall be in the unclassifiedservice of the state of Rhode Island. The divisionAUTHORITY may employ other employees, permanent andtemporary, and the employees shall be in the unclassified serviceof the state.
The division AUTHORITY maydelegate to one or more of its agents or employees suchadministrative duties as it may deem proper.
(b) The department of administration shallfurnish the division AUTHORITY withsuitable offices and telephone service inthe state house, state office building, or some other convenientlocation, for the transaction of business.
39-21-4. Advisory Commission. GOVERNINGBODY AND POWERS OF AUTHORITY. (a) There shall be an E-911Uniform Emergency Telephone System AdvisoryCommission consisting of eleven (11) members to be appointed inthe following manner: three (3) members shall be the director ofthe Department of Health or his or her designee, the Fire Marshalor his or her designee, and the Colonel of the Rhode Island StatePolice or his or her designee; two (2) members shall be appointedby the speaker of the house: one of whom shall be a member of thehouse of representatives, and one of whom shall be representativeof the police chiefs association; two (2) members shall beappointed by the senate majority leader one of whom shall be amember of the senate, one of whom shall be representative of thefire chiefs’ association; and four (4) members shall be appointedby the governor two (2) of whom shall be representatives of thepublic, one of whom shall be representative of the Rhode Islandleague of cities and towns. ,and one of whom shall berepresentative of New England Telephone andTelegraph Comply.
(b) Members of the Commission shall serve five(5) year terms, except for ex officio members.
(c) The advisory commissionmay make such recommendations and give such advice to theexecutive director of the division AUTHORITYESTABLISHED IN SECTION 39-?1-2 as it deems appropriate.
39-21-5. References to E-911 authority. –Wherever in the Rhode Island general laws reference is made tothe E-911 Uniform Emergency Telephone System DIVISION, itshall be deemed to mean the E-911 Uniform EmergencyTelephone System Division within theexecutive department AUTHORITY.
3~21-6. Cooperation with federal Government. -(a) The division AUTHORITY shall havefull and complete authority to cooperate with and assist thefederal government in all matters relating to the planning,constructing, equipping, maintenance, and operation of the projectE-911 UNIFORM EMERGENCY TELEPHONE SYSTEM in the event thatthe federal government should make any federal funds or federalassistance available therefor.
(b) The Division AUTHORITY orany officers or executives designated by it act as agent of thefederal government in accordance with the requirements of anyfederal legislation related to federal assistance.
(c) The Division AUTHORITY ishereby authorized to accept the provisions of any such federallegislation, and may file written evidence of each suchacceptance with the federal government. Each acceptance shall beduly signed by the executive director or such other person orpersons as the governor may designate.
(d) The division AUTHORITYmay enter into all necessary contracts andagreements with the federal or state governments, or any agencythereof, necessary or incident to the project, and all contractsand agreements shall be signed in the name of the divisionAUTHORITY by the executive director or some other personor persons designated by the governor.
39-21-7. Applications for federal and stateaid. – Whenever it shall be necessary to obtain assistance fromthe federal or state government in the tome of loans, advances,grants, subsidies, and otherwise, directly or indirectly, for theexecution of the project, the division AUTHORITYmay make all necessary applications for such purposes. Allapplications shall be made in writing in the name of the divisionAUTHORITY and shall be duly signed by the executivedirector or such other person or persons as the governor maydesignate.
39-21-8. Use of federal and state funds. — TheDivision AUTHORITY may, for the purposeof carrying out the project FUNCTIONS OF THEE-911 UNIFORM EMERGENCY TELEPHONE SYSTEM orany part thereof herein authorized, accept or use any federal orstate funds or assistance, or both, provided thereof under anyfederal or state law. In the event that federal or state funds orassistance are made available for execution of the projectSYSTEM, the project SYSTEM shallbe carried out and executed in all respect subject to theprovisions of the appropriate federal and state laws providingfor the construction and operation of such projects, and therules, and regulations made pursuant thereto, and to such terms,conditions, rules and regulations, not inconsistent with suchfederal and state law, rules and regulations, as the division mayestablish to ensure the proper execution of the project.
39-21-9. Receipt and deposit of federal funds.– All moneys paid to the division AUTHORITY bythe federal government for the purpose of executing aproject THE SYSTEM shall be received by thegeneral treasurer and by him or her deposited in the fund, andthe division AUTHORITY shall forthwithuse the moneys for the payment of debt service on, or the recallor the redemption of bond and notes issued by the state inanticipation of federal project payments.
39-21-10. Appropriation of revenues. – With theexception of moneys received by the division AUTHORITYfrom the sale or licensing of communications and educationalmaterials regarding the use of 911 as a uniform emergencytelephone number and system, all moneys received by the divisionAUTHORITY for the use of the facilities of theproject SYSTEM shall be paid over to the generaltreasurer and by him or her deposited in the fund. All moneys inthe fund are hereby appropriated by the provisions of the chapterto be expended by the division AUTHORITY foradministration and all expenses relating to the planning,construction, equipping, operational, and maintenance of theproject SYSTEM; and the state controller is herebyauthorized and directed to draw his orders upon the generaltreasurer for the payment of such sum or sums as may benecessary from time to time. All moneys received by the divisionAUTHORITY for the sale or licensing of communications andeducational materials as herein before described shall bedeposited into a separate account or fund by the generaltreasurer for the sole restricted purpose of financiallysupporting the creation, distribution, and use of publiceducational materials regarding the use of 911 as a uniform emergencytelephone number and system. For these purposes, the statecontroller is hereby authorized and directed to draw his or herorders upon the general treasurer for the payment of such sum orsums as may be necessary from time to time as determined by theexecutive director or his or her designee.
39-21-11. Rules and regulations – Review. – Thedivision AUTHORITY may adopt rules andregulations, or any amendment to existing rules and regulationsaccording to the provisions of chapter 35 of title 42. The divisionAUTHORITY shall also give notice thereof, prior to theeffective date thereof, by sending by registered or certifiedmail a copy thereof to each person interested therein who shallhave registered with the division AUTHORITY hisor her name and address, with a request to be so notified. Reviewof the rules may be had as provided in chapter 35 of title 42.
39 21 13. Division expenses as cost ofproject. 39-21-13. TELECOMMUNICATIONS SERVICEPROVIDERS DEFINED. The expenses of thedivision in the performance of its duties hereunder shall beconned to be construed to be costs of operation and maintenanceof the project. “TELECOMMUNICATIONS SERVICEPROVIDER(S)” FOR PURPOSES OF THIS CHAPTER AND OF CHAPTER39-21.1 OF THE GENERAL LAWS MEANS EVERY ENTITY WHICH PROVIDESAUDIO COMMUNICATIONS. PRINT COMMUNICATIONS. OR VISUALCOMMUNICATIONS, OR ANY COMBINATION THEREOF. ON A SUBSCRIPTION ORPAY-FOR-SERVICE BASIS BY MEANS OF LAND-BASED TELEPHONE DEVICES.CELLULAR TELEPHONE DEVICES. WIRELESS COMMUNICATIONS DEVICES. ORANY OTHER COMMUNICATIONS DEVICES WHICH CONNECT WITH OR INTERFACEWITH THE E-911 UNIFORM EMERGENCY TELEPHONE SYSTEM.”TELECOMMUNICATIONS SERVICE PROVIDER(S)” INCLUDE TELEPHONECOMMON CARRIER” AND “COMMON CARRIER.” AS THOSETERMS ARE USE IN THIS CHAPTER AND IN CHAPTER 39-21.1.
39-21-14. Cooperation and coordination withother agencies. — In the performance of as duties hereunder, thedivision AUTHORITY shall be entitled toask for and to receive from any public or private agency and anyother commission, board, officer, or agency of the state suchinformation, cooperation, assistance, and advice as shall bereasonable and proper in view of the nature of its functions.
39-21-15. Liberal construction. – Theprovisions of this chapter shall be construed liberally in orderto accomplish the purposes hereof, and where any specific poweris given to the division AUTHORITY by theprovisions hereof, the statement shall not be deemed to excludeor impair any power otherwise in this chapter conferred upon the divisionAUTHORITY.
SECTION 2. Section 39-21-16 of the General Lawsin Chapter 3-21 entitled “E-911 Uniform EmergencyTelephone System Division’ is hereby repealed in itsentirety.
39-21-16. State agencies-Toll free telephoneline. The state of Rhode Island shallprovide, for the use of the general public, a toll free wattstelephone line and number for each public agency which utilizesthe 277 exchange.
SECTION 3. Chapter 39-21 of the General Lawsentitled “E-911 Uniform Emergency Telephone SystemDivision” is hereby amended by adding thereto the followingsections.
39-21-17. TRANSFER OF FUNCTIONS FROM THEEXECUTIVE DEPARTMENT TO THE E-911 UNIFORM EMERGENCYTELEPHONE SYSTEM AUTHORITY.—THERE IS HEREBYTRANSFERRED TO THE E-9-1-1 UNIFORM EMERGENCY TELEPHONE SYSTEMAUTHORITY ALL OF THE POWERS. AUTHORITY AND DUTIES NECESSARY TOOPERATE THE E-911 UNIFORM EMERGENCY TELEPHONE SYSTEMCONTAINED IN CHAPTER 21 AND 21.1 OF TITLE 39.
THE CORPORATE EXISTENCE OF THE E-911 UNIFORMEMERGENCY TELEPHONE SYSTEM AUTHORITY ISHEREBY ESTABLISHED AND COMMENCED. AND ALL THE RIGHTS ANDPROPERTIES OF THE E-911 UNIFORM EMERGENCYSYSTEM DIVISION IN THE EXECUTIVE DEPARTMENT OF THE STATE OF RHODEISLAND ARE HEREBY TRANSFERRED TO THE E-911 UNIFORM EMERGENCYTELEPHONE SYSTEM AUTHORITY. IN ADDITION TO ANY OF ITSOTHER POWERS AND RESPONSIBILITIES, THE AUTHORITY IS AUTHORIZEDAND EMPOWERED TO ACCEPT ANY GRANTS MADE AVAILABLE BY THE UNITEDSTATES GOVERNMENT OR ANY AGENCY THEREOF. AND THE AUTHORITY ISAUTHORIZED AND EMPOWERED TO PERFORM SUCH ACTS AND ENTER INTO ALLNECESSARY CONTRACTS AND AGREEMENTS WITH THE UNITED STATES OFAMERICA OR ANY AGENCY THEREOF AS MAY BE NECESSARY IN SUCH MANNERAND DEGREE AS SHALL BE DEEMED TO BE IN THE BEST INTEREST OF THEGENERAL PUBLIC AND CITIZENS OF THE STATE. THE PROCEEDS OF ANYGRANTS SO RECEIVED SHALL BE PAID TO THE GENERAL TREASURER OF THESTATE AND BY HIM OR HER DEPOSITED IN A SEPARATE FUND AND SHALL BEUTILIZED FOR THE PURPOSES OF SAID GRANTS.
39-21-18. COMPLIANCE WITHSTANDARDS—PENAL FOR NONCOMPLIANCE. -ALL TELECOMMUNICATIONSSERVICE PROVIDERS SHALL COMPLY WITH THE STANDARDS OF QUALITY OFSERVICE. PERFORMANCE OF SERVICE. AND TECHNOLOGICAL COMPLIANCEADOPTED BY THE COMMISSION AS THE GOVERNING BODY OF THE AUTHORITY.ANY FAILURE OF ANY TELECOMMUNICATIONS SERVICE PROVIDER TO COMPLYWITH ANY OF SUCH STANDARDS SHALL RESULT IN A PENALTY OF NOT LESSTHAN ONE HUNDRED DOLLARS ($ 100) PER DAY AND NO MORE THAN FIVEHUNDRED DOLLARS ($ 500) PER DAY FOR EACH AND EVERY DAY OFNONCOMPLIANCE. THE COMMISSION SHALL COMMENCE A HEARING WITHINTWENTY (20) BUSINESS DAYS OF THE TIME THE AUTHORITY BECOMES AWAREOF ANY NONCOMPLIANCE, TO DETERMINE WETHER THERE HAS BEENNONCOMPLIANCE AND THE APPROPRIATE PENALTY THEREFORE AUTHORITYSHALL NOTIFY THE TELECOMMUNICATIONS SERVICE PROVIDER THE ALLEGED NONCOMPLIANCEWITHIN TEN (10) BUSINESS DAYS AFTER IT BECOMES AWAREOF ANY NONCOMPLIANCE. DESCRIBING THE NATURE OF THE ALLEGEDNONCOMPLIANCE AND NOTIFYING IT OF THE DATE. TIME. AND PLACE OF AHEARING THEREON. THE AUTHORITY, THROUGH ITS EXECUTIVE DIRECTORAND WITH THE CONCURRENCE OF THE CHAIR OR VICE-CHAIR OF THECOMMISSION, MAY ENTER INTO A CONSENT ORDER BEFORE THE CONVENINGOF A HEARING WHICH RESOLVES THE ISSUE OF ALLEGED NONCOMPLIANCEAND WHICH MAY OR MAY NOT CONTAIN A PENALTY.
SECTION 4. This act shall take effect uponpassage.
WIRELESS LEGISLATION FOR THESTATE OF RHODE ISLAND –
RHODE ISLAND 1997-98 LEGISLATIVESESSION
HOUSE BILL 6096
AN ACT
RELATING TO PUBLIC UTILITIES AND
CARRIERS — 911 EMERGENCYTELEPHONE
CARRIERS ACT
This act adds a definition of”telecommunications service providers” to the chapterestablishing 911 in recognition of technological changes incommunications transmissions and receptions.
This act would take effect upon passage.
It is enacted by the General Assembly asfollows
SECTION 1. Section 39-21.1-3 of the GeneralLaws in Chapter 39-21.1 entitled “911 Emergency TelephoneNumber Act” is hereby amended to read as follows:
3~21.1-3. Definitions. – As used in thischapter:
(a) “Public agency” means the stategovernment any unit of local government or special purposedistrict located in whole or in part within the state whichprovides or has authority to provide firefighting, lawenforcement, ambulance, medical, or other emergency services.
(b) “Public safety agency” means afunctional division of a public agency which providesfirefighting, law enforcement, ambulance, medical, or otheremergency services.
(c) ‘Private safety agency” means aprivate entity which provides emergency fire, ambulance, ormedical services.
(d) “Public safety answering point(PSAP)” means a communications facility operated on a twentyfour (24) hour basis, assigned responsibility to transmit 911calls to other public safety agencies. It is the first point ofreception of a 911 call by a public safety agency and serves theentire state.
(e) “Relay method” means the methodof responding to a telephone request for emergency servicewhereby a public safety answering point notes pertinentinformation and relays it by telephone to the appropriate publicsafety agency or other provider of emergency services fordispatch of an emergency service unit
(f) “Transfer method” means themethod of responding to a telephone request for emergency servicewhereby a public safety answering point transfers the calldirectly to the appropriate public safety agency or otherprovider of emergency service for dispatch of an emergencyservice unit.
(9) “The 911 authority” means theagency of the state government in which responsibility foradministering the implementation and operation of 911 system isvested by the general assembly.
(h) “Selective call routing” means afeature that routes a 911 call from a central office to thedesignated public safety answering point based upon the telephonenumber of the calling party.
(i)”Automatic number identification(ANI)” means the system capability to identify automaticallythe calling telephone number and to provide a display of thatnumber at a public safety answering point.
(j) “Automatic location identification(ALI)” means the system capability to identify automaticallythe geographical location of the telephone being used bythe caller and to provide a display of the location informationat a public safety answering point.
(K) TELEOMMUNICATIONS SERVICES PROVIDERS– FOR PURPOSES OFTHIS CHAPTER AND OF CHAPTER 39-21 OF THEGENERAL LAWS MEANS EVERY ENTITY WHICH PROVIDES AUDIOCOMMUNICATION, PRINT COMMUNICATION, OR VISUAL COMMUNICATION ORANY COMBINATION THEREOF, ON A SUBSCRIPTION OR PAY-FOR-SERVICES BYMEANS OF LAND-BASED TELEPHONE DEVICES,CELLULAR TELEPHONE DEVICES, WIRELESSCOMMUNICATION DEVICES OR ANY OTHER COMMUNICATION DEVICES WHICHCONNECT WITH OR INTERFERE WITH THE E-911 UNIFORM EMERGENCIESTELEPHONE SYSTEM. TELECOMMUNICATION SERVICE PROVIDERSINCLUDE “TELEPHONE COMMON,” “TELEPHONECOMPANIES” AND “COMMON CARRIERS” IN THOSE TERMSARE USED IN THIS CHAPTER AND IN CHAPTER 30-21.
Section 2. This act shall take effect uponpassage.