TN Wireless

WIRELESSLEGISLATION FOR THE STATE OF TENNESSEE

TENNESSEE 99THGENERAL ASSEMBLY

SECOND REGULARSESSION

SENATE JOINTRESOLUTION 447

1995 TN S.J.R 447

A RESOLUTION to create a specialjoint committee to study the extension of the emergency telephoneservice (9-1-1) charge to all telephone service users, includingwireless technologies.

WHEREAS, the provision ofemergency communications telephone service (“9-1-1”) byemergency communications districts has been successful and isfulfilling the original intent of the emergency CommunicationsDistrict Law, which is to save lives, protect property, and leadto the swifter apprehension of felons; and

.WHEREAS, proposals have been madeto this General Assembly to extend the emergency telephoneservice charge (” the ETSC”) to all service users,regardless of technology, so the cost of the 9-1-1 service may beequitably distributed; and

WHEREAS, such proposals would levythe emergency telephone service charge upon all service users,without limitation of technology, specifically including wirelesstechnologies, such as domestic public cellular radio telephone(“cellular phone”) service, Personal CommunicationService (PCS) and Specialized Mobile Radio (SMR) service; and

WHEREAS, to achieve this importantpurpose, it would be necessary to authorize emergencycommunication districts to levy the emergency telephone servicecharge upon any person, entity, or corporation that is providedmobile radio service offerings by access to real time voiceservices on the switched voice network and to categorizeproviders of such service as service suppliers, in order to havea fair and efficient means of collecting the emergency telephoneservice charge; and

WHEREAS, the General Assemblyfinds that access to the 9-1-1 service is important to the life,safety, and well-being of the residents of Tennessee, and thatthis important issue should be carefully studied and examined)now, therefore,

BE IT RESOLVED BY THE SENATE OFTHE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THEHOUSE OF REPRESENTATIVES CONCURRING, That there is hereby createda special joint committee to study the extension of the emergencytelephone service (9-1-1) charge to all telephone service users,specifically including those users utilizing wirelesstechnologies.

BE IT FURTHER RESOLVED, That thespecial joint committee shall be composed of three (3) members ofthe Senate and three (3) members of the House of Representatives,to be appointed by the respective speakers.

BE IT FURTHER RESOLVED, That allappropriate state agencies shall provide assistance to thespecial joint committee upon request by the chair.

BE IT FURTHER RESOLVED, That thespecial joint committee shall be convened by the member with themost years of continuous service in the General Assembly. At itsfirst meeting, the special joint committee shall elect a chair,vice

chair, and such other officersthat the committee deems necessary.

BE IT FURTHER RESOLVED, That alllegislative members of the special joint committee who are dulyelected members of the General Assembly shall remain members ofsuch committee until the committee reports its findings andrecommendations to the General Assembly.

BE IT FURTHER RESOLVED, That thespecial joint committee shall timely report its findings andrecommendations, including any proposed legislation or interimreports, to the One Hundredth General Assembly no later thanFebruary 1, 1997, at which time the committee shall cease toexist.

WIRELESSLEGISLATION FOR THE STATE OF TENNESSEE

TENNESSEE 1OOTHGENERAL ASSEMBLY

HOUSE JOINTRESOLUTION 52

1997 TN H.J.R. 52

A RESOLUTION to continue thespecial joint committee created by Senate Joint Resolutions Nos.447 and 462 of the ninety-ninth General Assembly to study theextension of the emergency telephone service (9-1-1) charge toall telephone service users, including wireless technologies, andto study other issues relative to cellular telephones inTennessee.

WHEREAS, recognizing that the useof cellular telephone and other wireless telecommunicationstechnologies by Tennesseans continues to escalate at anastounding rate, the 99th General Assembly enacted Senate JointResolution No. 462, which created a special joint committee tostudy issues relative to cellular telephone in Tennessee; and

WHEREAS, finding that access toemergency 9-1-1 service is important to the life, safety and wellbeing of all Tennesseans, the 99th General Assembly enactedSenate Joint Resolution No. 462, which created a special jointcommittee to study the extension of the emergency telephoneservice (9-1-1) charge to all telephone service users, includingwireless technologies; and

WHEREAS, the missions of the two(2) studies were subsequently combined to create one (1) specialjoint committee charged with the responsibility of studying bothissues; and

WHEREAS, the special jointcommittee met October 17,1996 and heard testimony from Dr. AustinLyons, Chief of the Telecommunications Division of the TennesseeRegulatory Authority. Dr. Lyons briefed the committee on the 1996Federal Telecommunications Act. The committee also heardtestimony on Emergency 9-1-1 issues from Dr. Harry Green,Executive Director of the Tennessee Advisory Commission onIntergovernmental Relations; and

WHEREAS, the special jointcommittee held its second meeting on November 15, 1996. Thecommittee heard testimony from the staff of the Office of LegalServices concerning the several states’ jurisdiction to regulatecellular and other wireless telecommunications service pursuantto federal law and other states’ legislative initiatives toimpose an emergency telephone service charge upon cellular andother wireless telecommunications service; and

WHEREAS, at the November 15,1996meeting, the committee also heard testimony from Mr. James D.Petersen, attorney for the Tennessee Emergency Number Associationand Mr. John Mitchell, a technical consultant for the ShelbyCounty 911 District; and

WHEREAS. although the specialjoint committee has worked assiduously to address the manyproblems associated with wireless phone technologies and thepossible extension of the 9-1-1 charge to cellular and otherwireless telecommunications service users, there is more work tobe done; and

WHEREAS, because these issuesconcerning cellular and other wireless telecommunications servicedirectly affect commercial and business activity in this state,as well as the safety and welfare of many Tennesseans, it isimperative that the mandate of the special joint committee becontinued; now, therefore,

BE IT RESOLVED BY THE HOUSE OFREPRESENTATIVES OF THE ONE

HUNDREDTH GENERAL ASSEMBLY OF THESTATE OF TENNESSEE, THE SENATE CONCURRING, That the special jointcommittee created by Senate Joint Resolutions Nos. 447 and 462 ofthe ninety-ninth General Assembly to study the extension of theemergency telephone service charge (9-1-1) to all telephoneservice users, including wireless technologies, and to studyother issues relative to cellular telephones in Tennessee ishereby continued for a period of one (1) year.

BE IT FURTHER RESOLVED, That themembership of the special joint committee shall remain asconstituted; provided, that legislative members shall be dulyelected members of the General Assembly in order to remainmembers of such committee. Vacancies on the committee shall befilled in accordance with the original appointing authoritypursuant to Senate Joint Resolutions Nos. 447 and 462 of theninety-ninth General Assembly.

BE IT FURTHER RESOLVED, That allappropriate state agencies, including the Office of theComptroller of the Treasury and the Tennessee RegulatoryAuthority shall provide staff assistance to the special jointcommittee.

BE IT FURTHER RESOLVED, That thespecial joint committee shall timely report its recommendations,including any proposed legislation, to the One-Hundredth GeneralAssembly no later than March 1, 1998, at which time the committeeshall cease to exist.