2001 – 2001 Legislature

Posted bynena-9-1-1

AN ACT to amend 146.70(1), 146.70(7), and 196.218(3)(e) and tocreate 146.70(12), 146.70(13), 146.70(14), 146.70(15), 146.70(16),146.70(17), 146.70(18), 146.70(19), 146.70(20), 146.70(21), 146.70(22),146.70(23), 146.70(24), 146.70(25), 146.70(26), and 196.01(14) of the statutes; relatingto: funding for wireline and wireless 911 services and systems, anduniversal service fund surcharges on customer bills.

 

 

Analysis by the Legislative Reference Bureau

 

This bill is introduced to _____________________________.

 

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

 

SECTION 1. 146.70(1) of the statutes is amended to read:

146.70(1)(a) “APCO” means the Wisconsin Chapter of the Associationof Public Safety Communications Officials.

146.70(1)(am) “Automatic location identification” means a systemwhich has the ability to automatically identify the address of the telephonebeing used by the caller and to provide a display at the central location of asophisticated system.

146.70(1)(ct) “Confidential and proprietary information” means allinformation submitted to the Wireline State 911 Board, the Wireless State E911Board, a public agency, or a state auditor by a CMRS provider ortelecommunications utility for purposes of ss. 146.70, et seq.,including but not limited to the following:

    1. Revenues, subscribers, customer counts and lists, and related information.
    2. Technology descriptions, technical information, or trade secrets.
    3. Information concerning the actual or developmental costs of wireless E911 systems that is developed, produced, or received internally by a CMRS provider or by a CMRS provider’s employees, directors, officers, or agents.

146.70(1)(em) “FCC Order” means the order of the FederalCommunications Commission in FCC Docket No. 94-102, with an effective date ofOctober 1, 1996, governing wireless E911 service, or any other subsequent ordersor rules adopted by the FCC related to the provision of wireless E911 service.

146.70(1)(en) “Fund” means an Emergency Telephone Services Fundestablished by s. 146.70(15).

146.70(1)(eo) “Mobile telephone number” means the number assignedto a CMRS mobile telephone.

146.70(1)(et) “NENA” means the Wisconsin section of the NationalEmergency Number Association.

146.70(1)(im) “Subscriber” means a subscriber to CMRS.

146.70(1)(it) “Telecommunications utility” has the meaning given ins. 196.01(10).

146.70(1)(i)(v) “Trade Secret” has the meaning given in s. 134.90.

146.70(1)(1) “Wireless E911” means an emergency telephone systemthat:

    1. Provides a CMRS user with the ability to reach emergency services by dialing the digits nine (9) one (1) one (1); and
    2. Is functional with pseudo-automatic number identification, automatic location identification, or both.

146.70(1)(lm) “Wireless location number identification” means thepseudo-automatic number identification providing a wireless E911 servicecapability enabling the transmission of the number assigned to a specific cellsite or cell sector and used to identify the approximate location of a wirelesscaller.

146.70(1)(m) “Wireless State E911 Board” means the wireless stateemergency telephone service board established by s. 146.70(12).

146.70(1)(n) “Wireline 911” means an emergency telephone systemthat is either a basic system or a sophisticated system.

146.70(1)(o) “Wireline State 911 Board” means the wireline stateemergency telephone service board established by s. 146.70(12).

146.70(1)(p) “Wisconsin Emergency Fund” has the meaning given ins. 196.01(14).

146.70(1)(q) “WSTA” means the Wisconsin State TelecommunicationsAssociation.

SECTION 2. Section 146.70(3) is repealed.

SECTION 3. Section 146.70(7) is amended to read:

146.70(7) NO LIABILITY. Neither a telecommunications utility nor a CMRSprovider shall be liable to any person who uses an emergency number systemcreated under this section.

SECTION 4. 146.70(12) of the statutes is created to read:

146.70(12) ESTABLISHMENT OF STATE EMERGENCY TELEPHONE SERVICE BOARDS.

  1. There is created a Wireless State E911 Board, consisting of ten (10) members, which shall be appointed by the governor as set forth in par. (c) and (d).
  2. There is created a Wireline State 911 Board, consisting of ten (10) members, which shall be appointed by the governor as set forth in par. (c) and (d).
  3. The following recommendations must be made to the governor concerning the memberships of the state emergency service boards:
  4. For the Wireless State E911 Board:

    5. a. The CMRS providers authorized to provide CMRS in Wisconsin jointly shall recommend at least five (5) individuals.b. Each of the following entities shall recommend at least one (1) individual: The City of Milwaukee; The Wisconsin Alliance of Cities; The League of Wisconsin Municipalities; The Wisconsin Counties Association; and a public safety representative jointly recommended by APCO and NENA.

  5. For the Wireline State 911 Board:
  1. The WSTA shall recommend at least five (5) individuals.

b. Each of the following entities shall recommend at least one (1) individual: The City of Milwaukee; The Wisconsin Alliance of Cities; The League of Wisconsin Municipalities; The Wisconsin Counties Association; and a public safety representative jointly recommended by APCO and NENA.

    1. The state emergency service boards shall consist of the following members for the following terms:
    2. For the Wireless State E911 Board:
  1. Five (5) members for a term of three (3) years who are appointed by the governor from the recommendations of the CMRS providers that are submitted pursuant to par. (c)1.a.
  2. Five (5) members for a term of three (3) years who are appointed by the governor from the recommendations submitted pursuant to par. (c)1.b.
  1. For the Wireline State 911 Board:
  1. Five (5) members for a term of three (3) years who are appointed by the governor from the recommendations of the WSTA that are submitted pursuant to par. (c)2.a.
  2. Five (5) members for a term of three (3) years who are appointed by the governor from the recommendations submitted pursuant to par. (c)2.b.
    1. A vacancy on either Board shall be filled for the vacating member’s unexpired term in the same manner as the original appointment.
    2. Each member appointed under par. (d)1. or (d)2. shall submit, in writing, the name of a designee to its respective Board. Each Board shall maintain a list of approved designees. A member appointed under par. (d)1. or (d)2. may appoint a listed designee to fill the member’s position. The designee serves at the pleasure of the appointing member.
    3. Each Board may take action approved by a majority of the members of the Board. A majority of the members of a Board shall constitute a quorum for purposes of taking action, provided that at least two (2) members appointed under par. (d)1.a. or par. (d)2.a., or their designees, and two (2) members appointed under par. (d)1.b. or par. (d)2.b. , or their designees, shall be in attendance. A member may vote by written proxy through another member.
    4. Each member of a Board shall be reimbursed for his actual and necessary expenses incurred in the performance of his duties as set forth in s. 15.07(5), and, for state officers and employees, s. 20.916. The members of a Board shall receive no compensation for their services.

SECTION 5. 146.70(13) of the statutes is created to read:

146.70(13) BOARD RESPONSIBILITIES.

    1. The responsibilities of the Wireless State E911 Board include the following:
    1. Collecting a wireless E911 surcharge pursuant to s. 146.70(17).
    2. Distributing funds.
    3. Collecting and reporting annual cost data for public safety answering points and CMRS providers.
    4. Making adjustments to the E911 surcharge as provided in s. 146.70(17)(d).
    5. Authorizing an independent audit of a wireless cost recovery request pursuant to s. 146.70(22)(d). Any wireless confidential information shall be provided to a neutral third party to maintain confidentiality.
    6. Transferring funds to assure full cost recovery for CMRS providers.
    1. The responsibilities of the Wireline State 911 Board include the following:
    1. Collecting a wireline 911 surcharge pursuant to s. 146.70(17).
    2. Distributing funds.
    3. Collecting and reporting annual cost data for public safety points and telecommunications utilities.
    4. Making adjustments to the 911 surcharge as provided in s. 146.70(17)(d).
    5. Authorizing an independent audit of a wireline cost recovery request pursuant to s. 146.70(23)(d). Any wireline confidential information shall be provided to a neutral third party to maintain confidentiality.
    6. Transferring funds to assure full cost recovery for wireline providers.

SECTION 6. 146.70(14) of the statutes is created to read:

146.70(14) BOARD POWERS.

    1. Each Board has the following powers to carry out its responsibilities under s. 146.70(13):
    1. Enter into contracts, including contracts:
    1. for professional services;
    2. for purchase of supplies or services; and,
    3. to acquire office space.
    1. Hire staff.
    2. Retain an independent, third party accounting firm for purposes of processing checks and distributing funds as directed by the Boards and as allowed by this section.
    3. Take other necessary or convenient actions to implement this section that are not inconsistent with any other provision of law.
    1. Each Board’s expenses shall not exceed one percent (1%) of the revenues submitted to the Board. If administrative costs are less than one percent (1%), any excess revenue shall be transferred to the appropriate Fund.

SECTION 7. 146.70(15) of the statutes is created to read:

146.70(15) EMERGENCY TELEPHONE SERVICE FUNDS.

    1. The Wireless State E911 Board shall establish a Wireless E911 Emergency Telephone Service Fund for the purpose of creating and maintaining a system to provide wireless E911 service. Two separate accounts will be established, one account for CMRS providers and one account for public safety answering points.
    2. The Wireline State 911 Board shall establish a Wireline 911 Emergency Telephone Service Fund for the purpose of creating and maintaining a system to provide wireline 911 service. Two separate accounts will be established, one account for telecommunications utilities and one account for public safety answering points.
    3. The expenses of administering each Fund shall be paid from money in each Fund.
    4. Each Fund shall be comprised of the following:
    1. The surcharges collected under s. 146.70(17).
    2. Grants and gifts intended for deposit in the Fund.
    3. Interest, premiums, gains, or other earnings on the Fund.

SECTION 8. 146.70(16) of the statutes is created to read:

146.70(16) FUND AUDITS. The Legislative Audit Bureau shall audit each Fundevery two (2) years to determine whether the Fund is being managed in accordancewith this chapter. The Legislative Audit Bureau shall provide the audit to eachBoard to use in determining whether to adjust the surcharge unders. 146.70(17). If the Legislative Audit Bureau finds that the surchargestructure does not reflect the actual costs required by the public safetyanswering points, CMRS providers and telecommunications utilities,notwithstanding s. 146.70(17), the Boards shall increase or decrease thesurcharge within 120 days to reflect the actual costs required by the publicsafety answering points, CMRS providers, and telecommunications utilities. TheLegislative Audit Bureau also shall consider forecasted costs, which publicsafety answering points, CMRS providers and telecommunications utilities shallsupply upon request, when determining whether to increase or decrease thesurcharge.

SECTION 9. 146.70(17) of the statutes is created to read:

146.70(17) SURCHARGE.

    1. For wireless E911 service:

      2. 1. Notwithstanding any other statute or rule, the Wireless State E911 Board initially shall assess a monthly surcharge of seventy cents ($0.70) on each mobile telephone number that has a billable address in Wisconsin. Each CMRS provider shall assess the surcharge by billing address or service address according to whichever method is compatible with its billing system, but in no instance shall a subscriber incur more than one E911 surcharge per mobile telephone number under this subdivision.

      2. The surcharge shall be applied uniformly throughout the State.

      3. The CMRS provider portion of the wireless surcharge and the public safety answering point portion of the wireless surcharge shall be in equal amounts to be deposited into separate subaccounts pursuant to section 146.70(15)(a).

    2. For Wireline 911 Service:
    1. Notwithstanding any other statute or rule, the Wireline State 911 Board initially shall assess a monthly surcharge of seventy cents ($0.70) per access line.
    2. The surcharge shall be applied uniformly throughout the state.
    3. The wireline provider portion of the wireline surcharge and the public safety answering point portion of the wireline surcharge shall be in equal amounts to be deposited into separate subaccounts pursuant to section 146.70(15)(b).
    1. There shall be a cap of one dollar ($1.00) on all wireless E911 or wireline 911 surcharge amounts.
    2. Each Board may adjust the wireless E911 or wireline 911 surcharge, respectively, that is assessed under this subsection. Each Board shall assess the surcharge at a rate that ensures full recovery of costs incurred by CMRS providers and telecommunications utilities to develop and maintain a wireless E911 system and wireline 911 system. In the event of a change in the surcharge, the appropriate Board will give the CMRS provider or telecommunications utility at least 90 days prior notice of the effective date of the change. The appropriate Board may adjust the wireless E911 surcharge or wireline 911 surcharge that is assessed under this subsection, except that the surcharge may not:
    1. be raised or lowered more than one (1) time in a calendar year;
    2. be raised more than ten cents ($0.10) by an adjustment; or
    3. exceed one dollar ($1.00) per month for each mobile telephone number or access line.

SECTION 10. Section 146.70(18) of the statutes is created to read:

146.70(18). NO ADDITIONAL SURCHARGES.

No state agency or local government may levy an E911 or 911 surcharge or feerelating to the provision of wireless or wireline emergency service on a CMRSsubscriber’s bill or on a CMRS provider or telecommunications utility. Theforegoing shall not effect the state’s authority to impose taxes of generalapplicability that are not directly related to the provision of E911 or 911service.

SECTION 11. Section 146.70(19) of the statutes is created to read:

146.70(19). TAX EXEMPTION. The wireless E911 surcharge and wireline 911surcharge are exempt from state and local taxation.

SECTION 12. Section 146.70(20) of the statutes is created to read:

146.70(20). BILLING FOR SURCHARGE.

    1. The surcharge assessed for wireless E911 service and wireline 911 service under s. 146.70(17) shall comply with the following requirements:
    1. The surcharge shall be identified on each bill as, and included on a line titled, “Wisconsin Emergency Fund.”
    2. The public service commission shall establish an 800 number to respond to inquiries from customers and other persons concerning the Wisconsin Emergency Fund.
    3. If a CMRS provider or telecommunications utility receives a partial payment for a monthly bill from a CMRS subscriber or wireline customer, the partial payment shall be applied against the amount the CMRS subscriber or wireline customer owes to the CMRS provider or telecommunications utility before the payment is applied against the surcharge amount.
    4. A CMRS provider or telecommunications utility, as part of its monthly billing process, may not prorate the monthly surcharge collected, and the CMRS provider or telecommunications utility shall collect the full amount of the surcharge for a partial month’s service based upon each CMRS provider’s or telecommunications utility’s unique billing cycle.

(b) A CMRS provider or telecommunications utility is not required to take legal action to enforce the collection of the surcharge for which a CMRS subscriber or wireline customer is billed. However, a collection action may be initiated by the appropriate Board. A court determination for the Board in the action may award reasonable costs and attorney’s fees associated with the collection action.

SECTION 13. Section 146.70(21) of the statutes is created to read:

146.70(21). FEE REMITTANCE.

    1. A CMRS provider or telecommunications utility shall retain three percent (3%) of the surcharge collected each month from each CMRS subscriber or wireline customer for the purpose of defraying the administrative costs of collecting the surcharge.
    2. A surcharge collected by a CMRS provider or telecommunications utility under this section, less the administrative fee described in par. (a), shall be remitted to the appropriate Board for deposit into the appropriate Fund not more than sixty (60) days after the end of the calendar month in which the surcharge is collected.

SECTION 14. Section 146.70(22) of the statutes is created to read:

146.70(22). CMRS PROVIDERS RECOVERABLE COSTS.

    1. All CMRS providers capable of providing access to wireless E911 service shall be entitled to receive funding from the E911 Emergency Telephone Service Fund.

(b) A CMRS provider may recover its actual costs of complying with the wireless E911 requirements established by the FCC Order, including, but not limited to, costs and expenses incurred in designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required to provide service as well as the costs of operating the service, and phase two customer handset costs. The CMRS provider may request funds to recover only its actual costs.

(c) To recover costs under this section, a CMRS provider must submit to the Wireless State E911 Board a true, complete, and sworn invoice(s) related to a request for reimbursement, both of which are subject to Board approval. The Board shall approve an invoice unless reimbursement of a cost described in the invoice is not related to compliance with the requirements of the FCC Order.

(d) The Board may contract with a third party auditor to audit the CMRS provider to determine whether the CMRS provider has used money received under this section in a manner inconsistent with this section if:

    1. The Board receives a written complaint alleging that a CMRS provider has used money received under this section in a manner that is inconsistent with this section; and,
    2. A majority of the Board votes to conduct an audit of the CMRS provider.

(e) 1. If there is a deficiency in the CMRS provider subaccount for a period of three (3) or more months and an excess in the public safety answering point subaccount, the CMRS provider shall be able to draw from the public safety answering point subaccount to ensure full cost recovery by the CMRS provider.

2. For purposes of this paragraph, “deficiency” means an inability to pay all outstanding invoices in full in a given month, and “excess” means all outstanding invoices have been paid in full and there is positive balance in the subaccount.

SECTION 15. 146.70(23) of the statutes is created to read:

146.70(23) TELECOMMUNICATIONS UTILITIES RECOVERABLE COSTS.

    1. All telecommunications utilities capable of providing access to wireline 911 service shall be entitled to receive funding from the 911 Emergency Telephone Service Fund.

(b) A telecommunications utility may recover only its actual recurring and nonrecurring costs incurred in operating, installing and maintaining the trunking and central office equipment used to operate a basic or sophisticated system and the database used to operate a sophisticated system.

(c) To recover costs under this section, a telecommunications utility must submit to the Wireline State 911 Board a true, complete and sworn invoice(s) related to a request for reimbursement, both of which are subject to Board approval. The Board shall approve an invoice unless reimbursement of a cost described does not qualify as a “cost” as defined in par. (b).

(d) The Board may contract with a third party auditor to audit the telecommunications utility to determine whether the telecommunications utility has used money received under this section in a manner inconsistent with this section if:

    1. The Board receives a written complaint alleging that a telecommunications utility has used money received under this section in a manner inconsistent with this section; and,
    2. A majority of the Board votes to conduct an audit of the telecommunications utility.
    1. 1. If there is a deficiency in the telecommunications utility subaccount for a period of three (3) or more months and an excess in the public safety answering point subaccount, the telecommunications utility shall be able to draw from the public safety answering point subaccount to ensure full cost recovery by the telecommunications utility.

2. For purposes of this paragraph, “deficiency” means an inability to pay all outstanding invoices in full in a given month, and “excess” means all outstanding invoices have been paid in full and there is positive balance in the subaccount.

SECTION 16. Section 146.70(24) of the statutes is created to read:

146.70(24) FUND DISTRIBUTIONS TO PUBLIC SAFETY ANSWERING POINTS.

    1. A public safety answering point shall be eligible to receive distributions from the Wireless E911 Emergency Telephone Service Fund if it is providing wireless E911 service to all CMRS providers in its area or has begun implementation of wireless E911 service, which will be completed within one (1) year, and is in compliance with the wireless E911 requirements established by the FCC Order.
    2. A public safety answering point shall be eligible to receive distributions from the Wireline 911 Emergency Telephone Service Fund if it is able to receive basic wireline 911 calls or has begun implementation of enhanced wireline 911 service, which will be completed within one (1) year.
    3. Distributions from the Funds to a public safety answering point shall commence at the beginning of the first full month after the public safety answering point satisfies the requirements under par. (a) or (b).
    4. Recoverable public safety answering point costs are limited to the following:
    1. From the Wireless E911 Emergency Telephone Service Fund:
    1. The following wireless E911 costs: necessary network equipment, computer hardware, software, database equipment, radio and telephone equipment, public safety answering point operators, and training of public safety answering point operators, all within the physical public safety answering point location; and network costs for delivery of calls from a wireless provider to the public safety answering point.
    2. All costs must be proportional and directly attributable to wireless E911 costs.
    1. From the Wireline 911 Emergency Telephone Service Fund:
    1. The following wireline 911 costs: necessary network equipment, computer hardware, software, database equipment, radio and telephone equipment, public safety answering point operators, and training of public safety answering point operators, all within the physical public safety answering point location.
    2. All costs must be proportional and directly attributable to wireline 911 costs.

(e) Nonrecoverable public safety answering point costs include, but are not limited to, any dispatch costs, including personnel, training, equipment, software, records management, radio communications, mobile data network systems, unless those costs qualify under par. (d); vehicles or equipment in vehicles or communications equipment or software used to communicate with vehicles; and, real estate and improvements on real estate, except modifications necessary to maintain the security and environmental integrity of the public safety answering point.

    1. To receive a distribution from either Fund, a public safety answering point must submit to the appropriate Board, for review and approval, a true, complete and sworn invoice for reimbursement of costs incurred for the purposes under par. (d). The appropriate Board shall approve an invoice for reimbursement only if all requirements of this subsection have been satisfied.
    2. No public safety answering point may recover more than fifty percent (50%) of its costs. Any available funds will be prorated among the public safety answering points that have submitted requests for reimbursement pursuant to par. (f).
    3. Each Board may contract with a third party auditor to audit the public safety answering point to determine whether the public safety answering point has used money received under this section in a manner inconsistent with this section if:
    1. The Board receives a written complaint alleging that a public safety answering point has used money received under this section in a manner that is inconsistent with this section; and,
    2. A majority of the Board votes to conduct an audit of the public safety answering point.

SECTION 17. Section 146.70(25) of the statutes is created to read:

146.70(25). CMRS PROVIDER OBLIGATION TO PROVIDE WIRELESS E911 SERVICE. A CMRSprovider shall not be required to provide wireless E911 service unless thefollowing requirements are satisfied:

    1. The CMRS provider has received a written request that complies with the FCC Order; and,
    2. Sufficient funds are available pursuant to s. 146.70(22) to reimburse the CMRS provider for all of its costs for providing the service.

SECTION 18. Section 146.70(26) of the statutes is created to read:

146.70(26). CONFIDENTIAL AND PROPRIETARY INFORMATION.

    1. Notwithstanding any other provision of law, including s. 19.35, all confidential and proprietary information submitted to a Board, a public safety answering point, or the auditor of the state by CMRS providers, telecommunications utilities, or otherwise shall be exempt from disclosure in any manner, including through subpoena. Confidential and proprietary information submitted under this section may not be released to a person other than to the submitting CMRS provider or telecommunications utility without the permission of the submitting CMRS provider or telecommunications utility.
    2. Any information, other than confidential and proprietary information, collected by a Board, a public safety answering point, or the auditor of the state may be released or published only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual CMRS provider or telecommunications utility.

SECTION 19. Section 196.01(14) of the statutes is created to read:

196.01(14) “Wisconsin Emergency Fund” means surcharges orassessments on customers’ bills received from telecommunications providers,including but not limited to surcharges for emergency services such as 911 andsurcharges for contributions through the state universal service fund. Any suchsurcharges or assessments shall be identified on customer bills as, and includedon a line titled, “Wisconsin Emergency Fund.”

SECTION 20. Section 196.218(3)(e) of the statutes is amended to read:

196.218(3)(e) Notwithstanding any other statute or rule, a telecommunicationsprovider or other person may include a surcharge on customers’ bills tocollect from customers contributions required under this subsection. Any suchsurcharge shall be identified on customer bills as, and included on a linetitled, “Wisconsin Emergency Fund.” The public service commissionshall establish an 800 number to respond to inquiries from customers and otherpersons concerning the Wisconsin Emergency Fund.

(END)