PRIOR PRINTER'S NOS. 1193, 2303 PRINTER'S NO. 3140
No. 1018 Session of 2003
Report of the Committee of Conference
To the Members of the House of Representatives and Senate:
We, the undersigned, Committee of Conference on the part of
the House of Representatives and Senate for the purpose of
considering House Bill No. 1018, entitled:
"An act amending the act of July 9, 1990 (P.L.340, No.78),
entitled 'An act * * * and providing for rules and regulations.
AMENDING THE ACT OF JULY 9, 1990 (P.L.340, NO.78), ENTITLED 'AN
ACT PROVIDING FOR A STATEWIDE EMERGENCY TELEPHONE NUMBER 911
SYSTEM; * * * AND PROVIDING FOR RULES AND REGULATIONS,"
respectfully submit the following bill as our report:
PAUL W. SEMMEL
MARTIN T. CAUSER
THOMAS M. TIGUE
(Committee on the part of the House of Representatives.)
JAKE CORMAN
JOE CONTI
CONSTANCE H. WILLIAMS
(Committee on the part of the Senate.)
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AN ACT
1 Amending the act of July 9, 1990 (P.L.340, No.78), entitled "An
2 act providing for a Statewide emergency telephone number 911
3 system; providing for contributions from telephone
4 subscribers; providing a penalty; and making a repeal,"
5 further providing for definitions, for local government
6 immunity and for powers and duties of the Pennsylvania
7 Emergency Management Agency; establishing a Statewide
8 integrated wireless E-911 State plan; establishing a Wireless
9 E-911 Emergency Services Fund and disbursements therefrom;
10 further providing for collection of an E-911 surcharge from
11 wireless customers and for annual reporting; establishing a
12 wireless E-911 Emergency Services Advisory Committee; and
13 providing for rules and regulations.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 2 of the act of July 9, 1990 (P.L.340,
17 No.78), known as the Public Safety Emergency Telephone Act,
18 amended February 12, 1998 (P.L.64, No.17), is amended to read:
19 Section 2. Definitions.
20 The following words and phrases when used in this act shall
21 have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "911 emergency communication system" or "911 system." A
24 system, including enhanced 911 service but excluding a wireless
25 E-911 system, which permits a person dialing 911 by telephone to
26 be connected to a public safety answering point, via normal
27 telephone facilities, for the reporting of police, fire, medical
28 or other emergency situations.
29 "Active prepaid wireless account." A prepaid wireless
30 account that has been used by the customer during the month to
31 complete a telephone call for which the customer's card or
32 account was reduced.
33 "Advisory committee." The wireless E-911 Emergency Services
34 Advisory Committee established in section 11.3.
35 "Agency." The Pennsylvania Emergency Management Agency.
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1 "Associated with Pennsylvania."
2 (1) in the case of the mobile telephone number (MTN) the
3 geographical location associated with the first six digits,
4 or NPA/NXX, of the MTN; or
5 (2) in the case of a customer service address the
6 physical location of the address.
7 "Automatic location information" or "ALI." The delivery or
8 receipt of the street address of the telephone, or the
9 geographic location of the wireless device, as specified in the
10 FCC E-911 Order, being used to place a call to a 911 system or
11 to a wireless E-911 system.
12 "Automatic number identification" or "ANI." The delivery or
13 receipt of the telephone number assigned to the telephone or
14 wireless device being used to place a call to a 911 system or to
15 a wireless E-911 system.
16 "Commission." The Pennsylvania Public Utility Commission.
17 "Competitive local exchange carrier." A local exchange
18 carrier that has been certificated as a competitive local
19 exchange carrier by the Pennsylvania Public Utility Commission.
20 "Contribution rate." A fee assessed against a telephone
21 subscriber for the nonrecurring costs, maintenance and operating
22 costs of a 911 system. Counties of the first through second
23 class A may impose a monthly contribution rate in an amount not
24 to exceed $1 per line on each local exchange access line.
25 Counties of the third through fifth class may impose monthly
26 contribution rates in an amount not to exceed $1.25 per line on
27 each local exchange access line. Counties of the sixth through
28 eighth class may impose a monthly contribution rate in an amount
29 not to exceed $1.50 per line on each local exchange access line.
30 The contribution rate may be used by counties for the expenses
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1 of implementing, expanding or upgrading a 911 system. Expenses
2 eligible for reimbursement through the contribution rate shall
3 include telephone terminal equipment, trunk line service
4 installation, network changes, building of initial data base and
5 any other nonrecurring costs to establish a 911 system. The
6 contribution rate may also be used to fund recurring costs
7 pursuant to section 8(b). Expenses not eligible for
8 reimbursement through the contribution rate shall include
9 purchase of real estate, cosmetic remodeling, central office
10 upgrades, hiring of dispatchers, ambulances, fire engines or
11 other emergency vehicles, utilities, taxes and other expenses as
12 determined by the Pennsylvania Emergency Management Agency.
13 "Council." The Pennsylvania Emergency Management Council.
14 "County." The term shall include a city of the first class
15 coterminous with a county.
16 "County plan." A document submitted by the county on a
17 triennial basis to the Pennsylvania Emergency Management Agency,
18 outlining its proposed [or existing 911 system] and existing
19 wireline and wireless 911 and enhanced 911 systems and
20 procedures, including a contribution rate, for the forthcoming
21 three years.
22 "Emergency notification services." Services provided by
23 authorized agencies of Federal, State, county or local
24 governments, or by persons authorized by such governments, that
25 notify the public, using ANI/ALI data base information, of
26 emergencies declared by such governments.
27 "Emergency support services." Information or data base
28 management services provided by authorized agencies of Federal,
29 State, county or local governments, or by persons authorized by
30 such governments, that are used in support of PSAPs or emergency
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1 notification services.
2 "Enhanced 911 service" or "E-911." Emergency telephone
3 service providing for automatic identification of caller
4 location and calling number.
5 "FCC E-911 Order." All orders issued by the Federal
6 Communications Commission pursuant to the proceeding entitled
7 "Revision of the Commissions Rules to Ensure Compatibility with
8 Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102)
9 codified at 47 CFR 20.18 (relating to 911 Service), any
10 successor proceeding, and any other FCC order that affects the
11 provision of wireless E-911 service to wireless service
12 customers.
13 "Fund." The Wireless E-911 Emergency Services Fund
14 established in section 11.4.
15 "Interexchange carrier." A person that is authorized by the
16 Pennsylvania Public Utility Commission to provide long-distance
17 telecommunications service.
18 "Local exchange carrier." A person, including a competitive
19 local exchange carrier, that is authorized by the Pennsylvania
20 Public Utility Commission to provide local exchange
21 telecommunications service or exchange access.
22 "Local exchange telephone service." The provision of
23 telephonic message transmission within an exchange, as such is
24 defined and described in tariffs filed with and approved by the
25 commission.
26 "Mobile telephone number" or "MTN." The telephone number
27 assigned to a wireless telephone at the time of initial
28 activation.
29 "NPA-NXX." The first six digits of a ten-digit telephone
30 number, including a mobile telephone number, representing the
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1 area code and exchange of the telephone number.
2 "Person." The term includes a corporation, a partnership, an
3 association, the Federal Government, the State government, a
4 political subdivision, a municipal or other local authority, as
5 well as a natural person.
6 "Prepaid wireless telephone service." A wireless telephone
7 service which is activated in advance by payment of a finite
8 dollar amount or for a finite set of minutes and which, unless
9 an additional finite dollar amount or finite set of minutes is
10 paid in advance, terminates either upon use by a customer and
11 delivery by the wireless carrier of an agreed-upon amount of
12 service corresponding to the total dollar amount paid in advance
13 or within a certain period of time following initial purchase or
14 activation.
15 "Public agency." The Commonwealth or a political
16 subdivision, public authority, municipal authority or any
17 organization located in whole or in part within this
18 Commonwealth which provides or has the authority to provide
19 firefighting, law enforcement, ambulance, emergency medical or
20 other emergency services.
21 "Public safety answering point" or "PSAP." The agency-
22 approved first point at which calls for emergency assistance
23 from individuals are answered, operated 24 hours a day.
24 "Sufficient positive balance." A dollar amount greater than
25 or equal to the monthly wireless surcharge amount.
26 "Telephone subscriber." A person who contracts with a
27 [telephone company] local exchange carrier within this
28 Commonwealth for local exchange telephone service, either
29 residential or commercial. When the same person has several
30 telephone dial tone access lines, each dial tone access line
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1 shall constitute a separate subscription. For purposes of the
2 contribution rate, the term shall not include pay stations owned
3 or operated by a regulated public utility , or nonpublic
4 utilities as the term is used in 66 Pa.C.S. § 2913(b) (relating
5 to minimum service requirement).
6 "Vendor." A person other than a local exchange carrier or a
7 wireless provider who supplies 911 or wireless E-911 system
8 services or equipment.
9 "Wireless E-911 service." Service provided by a wireless
10 provider, pursuant to the FCC E-911 Order.
11 "Wireless E-911 State plan." A document to be prepared,
12 maintained and kept current by the Pennsylvania Emergency
13 Management Agency providing for all aspects of the development,
14 implementation, operation and maintenance of a Statewide
15 integrated wireless E-911 system, including the exclusive
16 authority to formulate technical standards and determine
17 permitted uses of and amounts disbursed from the Wireless E-911
18 Emergency Services Fund established by section 11.4(a).
19 "Wireless E-911 surcharge." A monthly fee assessed upon each
20 wireless service customer for each wireless two-way
21 communication device for which that customer is charged by a
22 wireless provider for wireless service.
23 "Wireless E-911 system." An E-911 system which permits
24 wireless service customers dialing 911 to be connected to a
25 public safety answering point for the reporting of police, fire,
26 medical or other emergency situations.
27 "Wireless provider." A person engaged in the business of
28 providing wireless service to end-use customers in this
29 Commonwealth, including resellers.
30 "Wireless service." Commercial mobile radio service as
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1 defined under section 332(d) of the Communications Act of 1934
2 (47 U.S.C. § 332(d)), and which provides real-time, two-way
3 voice service that is interconnected with the public switched
4 telephone network.
5 "Wireless service customer." A person who is billed by a
6 wireless provider or who receives prepaid wireless telephone
7 service from a wireless provider for wireless service within
8 this Commonwealth.
9 Section 2. Section 3 of the act is amended by adding a
10 subsection to read:
11 Section 3. Telecommunications management.
12 * * *
13 (d) Exemption.--The Pennsylvania State Police
14 telecommunications facilities are exempt from the
15 telecommunications management of the agency, council and the
16 commission.
17 Section 3. Section 4(a) introductory paragraph of the act,
18 amended February 12, 1998 (P.L.64, No.17), is amended and the
19 subsection is amended by adding paragraphs to read:
20 Section 4. Counties.
21 (a) Powers and duties.--The board of county commissioners,
22 or, in a home rule county, the appropriate body according to the
23 home rule charter, shall have the following powers and duties in
24 relation to a 911 system and wireless E-911 system:
25 * * *
26 (8) To cooperate with the Pennsylvania State Police.
27 Subject to subparagraphs (i) through (iii), a county that
28 utilizes ANI/ALI data base services, shall, upon request of
29 the Commissioner of the Pennsylvania State Police or the
30 designee of the commissioner, provide authority to access all
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1 ANI/ALI data base information relating to 911 calls for
2 emergency services, whether the data base is held by the
3 county or by a commercial entity.
4 (i) In order to ensure that no county or PSAP
5 experiences degradation of service or additional costs as
6 a result of complying with this subsection:
7 (A) the Pennsylvania State Police shall provide,
8 at its cost, any equipment, computer software or
9 telecommunications equipment or services, exclusive
10 of recurring personnel costs for county personnel,
11 that are necessary to enable its access to any
12 ANI/ALI data base information; and
13 (B) all such means of access must be approved by
14 the county, PSAP and the Pennsylvania State Police
15 before the county is required to authorize or provide
16 the access. In the event of a dispute between the
17 Pennsylvania State Police and a county or PSAP
18 regarding approval by the county and PSAP, the
19 dispute shall be mediated by the Office of
20 Information Technology of the Commonwealth's Office
21 of Administration. The Office of Information
22 Technology may bring in a Commonwealth mediator from
23 the Office of General Counsel to provide assistance
24 in resolving the dispute.
25 (ii) The ANI/ALI data base information to which
26 access is authorized or enabled under this paragraph or
27 section 4.1(a)(3) shall be used only in providing
28 emergency response services to a 911 call. A person who
29 uses or discloses such ANI/ALI data base information for
30 any other purpose commits a misdemeanor of the third
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1 degree.
2 (iii) Nothing contained in this paragraph shall be
3 construed to impose on wireless providers any obligations
4 beyond those created by applicable Federal Communications
5 Commission orders and regulations. Public agencies,
6 counties, PSAPs and wireless providers shall not be
7 liable to any person for errors in any of the ANI/ALI
8 data base information which may be accessed by or
9 provided to the Pennsylvania State Police under this
10 paragraph.
11 (9) To comply with reporting requirements established by
12 the agency.
13 * * *
14 Section 4. The act is amended by adding a section to read:
15 Section 4.1. Pennsylvania State Police.
16 (a) Powers and duties.--The Commissioner of the Pennsylvania
17 State Police, or the designee of the commissioner, shall have
18 the following powers and duties in relation to a Pennsylvania
19 State Police telecommunications facility:
20 (1) To designate, with specificity, which Pennsylvania
21 State Police facilities shall be considered Pennsylvania
22 State Police telecommunications facilities under this act.
23 (2) To designate a commander of a Pennsylvania State
24 Police telecommunications facility who shall serve as the
25 point of contact with the agency and the counties and shall
26 oversee the implementation, operation and maintenance of a
27 Pennsylvania State Police telecommunications facility. A
28 Pennsylvania State Police facility shall, where
29 technologically feasible, be adequate to provide service to
30 the designated area of coverage.
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1 (3) To request authority to access ANI/ALI data base
2 information relating to 911 calls for emergency services,
3 from the counties and PSAPs within the designated area of
4 coverage of a Pennsylvania State Police telecommunications
5 facility; provided, that no county or PSAP shall be required
6 to comply with such a request unless it is made by the
7 Commissioner of the Pennsylvania State Police or the designee
8 of the commissioner pursuant to section 4(a)(8); and provided
9 further that section 4(a)(8) shall apply to any such request.
10 (4) To provide training and certification for all call-
11 takers/dispatchers and call-taker/dispatcher supervisors that
12 meets or exceeds the training and certification standards
13 that are provided for in 4 Pa. Code Ch. 120c (relating to
14 training and certification standards for 911 emergency
15 communications personnel) or any successor standard.
16 (b) Ineligible reimbursement.--The Pennsylvania State Police
17 are not eligible to receive any reimbursement from the moneys
18 collected from the contribution rate or wireless E-911
19 surcharge, nor may the Pennsylvania State Police impose a
20 monthly contribution rate upon the telephone subscribers on the
21 local exchange access line or any wireless E-911-related
22 surcharge upon wireless service customers.
23 Section 5. Sections 9 and 11.1 of the act, amended or added
24 February 12, 1998 (P.L.64, No.17), are amended to read:
25 Section 9. Telephone records.
26 (a) Access.--Each telephone service supplier shall provide
27 customer telephone numbers, names and service addresses [to 911
28 systems when required.] to PSAPs when requested by them for use
29 in responding to 911 calls and, when required, to providers of
30 emergency notification services and emergency support services,
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1 solely for the purposes of delivering or assisting in the
2 delivery of emergency notification services and emergency
3 support services. Each wireless provider shall provide the
4 telephone number and geographical location of the wireless
5 device, as required pursuant to the FCC E-911 Order, to PSAPs
6 when requested by them for use in responding to 911 calls.
7 Although customer telephone numbers, names and service addresses
8 shall be available to [911 systems] PSAPs, providers of
9 emergency notification services and providers of emergency
10 support services, and the telephone numbers and geographical
11 locations of wireless devices shall be available to PSAPs, such
12 information shall remain the property of the disclosing service
13 supplier. The total cost of the 911 system or wireless E-911
14 system shall include expenses to reimburse telephone service
15 suppliers for providing and maintaining 911 information;
16 provided, however, that nothing in this section shall permit a
17 telephone service supplier to be reimbursed directly from the
18 fund for providing and maintaining 911 information. This
19 information shall be used only in providing emergency response
20 services to a 911 call, or for purposes of delivering or
21 assisting in the delivery of emergency notification services or
22 emergency support services, except as provided in subsection
23 (c). A person who uses or discloses ANI/ALI data base
24 information for purposes other than [handling] providing
25 emergency response services to a 911 call, delivering or
26 assisting in the delivery of emergency notification services or
27 emergency support services, or other than as provided in
28 subsection (c) commits a misdemeanor of the third degree.
29 (b) Privacy waived.--Private listing service customers in a
30 911 service district shall waive the privacy afforded by
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1 nonlisted and nonpublished numbers [when using the 911 emergency
2 service] with respect to the delivery of emergency services.
3 (c) Immunity.--No telephone company, wireless
4 [communications company] provider or vendor or agent, employee
5 or director of a telephone company, wireless [communications
6 company] provider or vendor that provides information to PSAPs,
7 providers of emergency notification services or providers of
8 emergency support services shall be liable to any person who
9 directly or indirectly uses the 911 emergency service or
10 wireless E-911 emergency service established under this act or
11 provides information to 911 systems or wireless E-911 systems
12 with respect to the delivery of emergency services:
13 (1) [for release to a public safety answering point of
14 information specified in this section that is not already
15 part of the public records, including nonpublished telephone
16 numbers; or] for release to PSAPs, providers of emergency
17 notification services or providers of emergency support
18 services of information specified in this section, including
19 nonpublished telephone numbers;
20 (2) for release to the commission, the Federal
21 Communications Commission or any other Federal or
22 Commonwealth agency with the authority to regulate the
23 provision of telecommunications services, of telephone
24 company information specified in this section that is not
25 already part of public records, including where applicable
26 information regarding numbers of lines served by an
27 individual company but excluding nonpublic information
28 regarding the company's individual customer names, addresses
29 and telephone numbers; or
30 [(2)] (3) for interruptions, omissions, defects, errors,
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1 mistakes or delays in transmission occurring in the course of
2 [rendering 911 emergency service] the delivery of emergency
3 services or wireless E-911 service under this act, unless
4 such interruptions, omissions, defects, errors, mistakes or
5 delays are caused by the willful or wanton misconduct of the
6 telephone company, wireless [communications company] provider
7 or vendor, their agents, employees or directors[: Provided,
8 however, That]; provided, however, that nothing herein shall
9 preclude the application of any commission tariff or
10 regulation within its jurisdiction pertaining to allowances
11 for telephone service interruptions.
12 Section 11.1. Immunity.
13 All 911 systems and wireless E-911 systems run by county and
14 local governments shall be local agencies who shall enjoy local
15 governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch.
16 C (relating to actions against local parties).
17 Section 6. The act is amended by adding sections to read:
18 Section 11.2. Powers and duties of agency.
19 (a) Administration.--The agency shall have the following
20 powers and duties in relation to a wireless E-911 system:
21 (1) To designate at least one employee of the agency who
22 shall serve as a point of contact at the agency for all
23 matters involving wireless E-911 systems in this
24 Commonwealth.
25 (2) To oversee the development, implementation,
26 operation and maintenance of a Statewide integrated wireless
27 E-911 system, formulate technical standards and determine
28 permitted uses of and amounts disbursed from the Wireless E-
29 911 Emergency Services Fund established in section 11.4(a),
30 including the costs of PSAPs and wireless providers that are
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1 eligible for payment from the fund; and
2 (3) to approve each county's county plan, or amendment
3 to its agency-approved county plan, incorporating wireless E-
4 911 service capabilities as may be submitted by the county to
5 the agency.
6 (b) Wireless E-911 State plan.--The agency shall prepare,
7 maintain and keep current, after adequate public notice and
8 opportunity to comment and after consideration of the
9 recommendations of the wireless subcommittee of the advisory
10 committee, a wireless E-911 State plan providing for all aspects
11 of the development, implementation, operation and maintenance of
12 a Statewide integrated wireless E-911 system in accordance with
13 the FCC E-911 Order. Pursuant to such plan, the agency shall:
14 (1) Establish model agreements for mutual aid
15 agreements, cross-service agreements, service contracts and
16 all other documents by and among public agencies, PSAPs and
17 wireless providers that may be required in the implementation
18 of the wireless E-911 State plan, review such agreements and
19 documents for consistency with the applicable county plan,
20 and assist the parties in assuring their execution.
21 (2) Require each wireless provider to notify the agency
22 of each county in which it is licensed on the effective date
23 of this section and provides wireless service, and at the
24 time new service is initiated, each county in which it is
25 licensed and initiates wireless service; and to notify
26 counties of wireless service within each county, specifically
27 noting wireless service to more than one county. In the event
28 of disputes among PSAPs regarding the PSAP to which a
29 wireless provider routes 911 calls, the routing shall be
30 determined by the agency.
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1 (3) Establish uniform, Statewide standards for the
2 format and content of wireless automatic location information
3 and wireless automatic number identification, which standards
4 shall be the standards adopted by the National Emergency
5 Number Association, as from time to time amended by that
6 organization. Wireless providers will use the applicable
7 National Emergency Number Association data transmission
8 format standards to deliver such data to the wireless E-911
9 system.
10 (4) Forward a copy of the completed plan and any
11 revision thereof to all affected counties, PSAPs, wireless
12 providers, local exchange carriers, competitive local
13 exchange carriers and interexchange carriers.
14 (5) Require each wireless provider to provide the agency
15 with a twenty-four-hour, seven-days-a-week contact telephone
16 number or pager number for use by PSAPs in emergency
17 situations.
18 Section 11.3. Advisory committees.
19 (a) Establishment of an E-911 Emergency Services Advisory
20 Committee.--There is hereby established an advisory committee to
21 be known as the E-911 Emergency Services Advisory Committee.
22 (b) Members.--The advisory committee shall be comprised of
23 the following persons:
24 (1) The director of the agency or his designee who shall
25 act as chairperson.
26 (2) Two county commissioners.
27 (3) Four county 911 program managers.
28 (4) Four wireless providers licensed by the Federal
29 Communications Commission.
30 (5) Two landline telephone service provider
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1 representatives.
2 (6) Two representatives each from fire services,
3 emergency medical services and police.
4 (7) The chairman and minority chairman of the
5 Communications and Technology Committee of the Senate and the
6 chairman and minority chairman of the Veterans Affairs and
7 Emergency Preparedness Committee of the House of
8 Representatives, or their designees.
9 The Governor, upon recommendation of the applicable Statewide
10 organizations, associations and industry segments, shall appoint
11 the committee members, who will each serve a two-year term.
12 Advisory committee membership shall be limited to one
13 representative per organization or corporate entity.
14 (c) Roles and responsibilities.--The advisory committee
15 shall make recommendations to the agency regarding the
16 formulation of technical, administrative and operational
17 standards for use in overseeing 911 programs Statewide.
18 (d) Reimbursement.--The members of the advisory committee
19 shall serve without compensation, but shall be reimbursed for
20 their actual and necessary travel and other expenses in
21 connection with attendance at meetings called by the
22 chairperson.
23 (e) Advisory committee subcommittees.--The chairperson may
24 create, within the committee membership, subcommittees to study
25 and address specific technical and program areas:
26 (1) A wireless subcommittee shall be created as a
27 permanent subcommittee and shall consist of the following
28 persons:
29 (i) The advisory committee chairperson.
30 (ii) Two county commissioners.
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1 (iii) Four county 911 program managers.
2 (iv) Four representatives of wireless providers
3 licensed by the Federal Communications Commission.
4 (v) Two landline telephone service provider
5 representatives.
6 (2) Wireless subcommittee roles and responsibilities:
7 (i) To advise the agency regarding the development,
8 implementation, operation and maintenance of a Statewide
9 integrated wireless E-911 system.
10 (ii) To make recommendations to the agency regarding
11 the preparation and periodic revision of a wireless E-911
12 State plan providing for the development, implementation,
13 operation and maintenance of a Statewide integrated
14 wireless E-911 system in accordance with the FCC E-911
15 Order.
16 (iii) To make recommendations to the agency
17 regarding the approval or disapproval of wireless
18 provider service agreements and the formulation of
19 technical standards.
20 (iv) To make recommendations to the agency regarding
21 the development of guidelines, rules and regulations
22 required to address the administration of the Statewide
23 E-911 wireless plan and the disbursement of moneys from
24 the Wireless E-911 Emergency Services Fund.
25 (v) To make recommendations to the agency regarding
26 the development of the annual report required of the
27 agency by this act, including, but not limited to,
28 recommendations concerning adjustments of the wireless E-
29 911 surcharge.
30 Section 11.4. Wireless E-911 Emergency Services Fund.
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1 (a) Establishment of fund.--There is hereby established in
2 the State Treasury a nonlapsing restricted interest-bearing
3 account to be known as the Wireless E-911 Emergency Services
4 Fund. The fund shall consist of the fees collected under
5 subsection (b), funds appropriated by the General Assembly and
6 of funds from any other source, private or public. Moneys in the
7 fund and the interest it accrues is hereby appropriated to the
8 Pennsylvania Emergency Management Agency to be disbursed by the
9 agency. The moneys in the fund shall be used only for the
10 following costs:
11 (1) PSAP and wireless provider costs resulting from
12 compliance with the FCC E-911 Order, including development,
13 implementation and testing, operation and maintenance of a
14 Statewide integrated wireless E-911 system. Costs paid from
15 the fund must be eligible recurring or nonrecurring costs, as
16 determined by the agency in accordance with sections 11.2(a)
17 and 11.5, for wireless E-911 service provided in accordance
18 with the FCC E-911 Order or a county plan or amended county
19 plan approved by the agency.
20 (2) The agency-approved costs of PSAPs specified in
21 section 8(b) that relate directly or indirectly to the
22 provision of wireless E-911 service, to the extent:
23 (i) the costs are not included in the costs paid
24 under section 11.4(a)(1) and the approved E-911 costs
25 provided in section 11.4(a)(1) have been reimbursed; and
26 (ii) the costs do not exceed the percentage of the
27 actual ratio of demonstrated wireless calls to
28 demonstrated total emergency call volume times the amount
29 of money in the fund, and further:
30 (A) the amount of the costs that may be
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1 reimbursed is limited to 25% of the fund if a
2 majority of wireless providers serving the geographic
3 area covered by the PSAP have been tested and
4 accepted by the PSAP for wireless E-911 Phase I
5 service;
6 (B) the amount of the costs that may be
7 reimbursed is limited to 50% of the fund if all of
8 the wireless providers serving the geographic area
9 covered by the PSAP have been tested and accepted by
10 the PSAP for wireless E-911 Phase I service;
11 (C) the amount of the costs that may be
12 reimbursed is limited to 75% of the fund if a
13 majority of wireless providers serving the geographic
14 area covered by the PSAP have been tested and
15 accepted by the PSAP for wireless E-911 Phase II
16 service; and
17 (D) the amount of the costs that may be
18 reimbursed is limited to 100% of the fund if all of
19 the wireless providers serving the geographic area
20 covered by the PSAP have been tested and accepted by
21 the PSAP for wireless E-911 Phase II service.
22 In the event that, pursuant to an FCC E-911 waiver, a wireless
23 provider is temporarily relieved of its obligation to provide
24 wireless E-911 Phase II service in the geographic area covered
25 by a requesting PSAP, such wireless carrier shall be disregarded
26 in the determinations to be made pursuant to subparagraphs (iii)
27 and (iv) until such time as the wireless carrier's obligation to
28 provide wireless E-911 Phase II service again becomes effective.
29 (b) Wireless E-911 surcharge.--Each wireless service
30 customer shall pay a fee, to be known as a wireless E-911
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1 surcharge, in an amount of $1 per month for each device that
2 provides wireless service for which that customer is billed by a
3 wireless provider for wireless service or receives prepaid
4 wireless telephone service from a wireless provider. Such fee
5 shall be collected apart from, and in addition to, any fee
6 levied by the wireless provider in whole or in part for the
7 provision of 911 services.
8 (1) Wireless providers shall collect the fee on behalf
9 of the agency as part of their billing process and shall have
10 no obligation to take any legal action to enforce the
11 collection of the surcharge. Such action may be brought by or
12 on behalf of the agency. Annually, upon written request of
13 the agency, each wireless provider shall provide a list of
14 the names and addresses of those wireless service customers
15 carrying a balance that have failed to pay the wireless E-911
16 surcharge. The wireless provider shall not be liable for such
17 unpaid amounts.
18 (2) If a wireless provider receives a partial payment
19 for a monthly bill from a wireless service customer, the
20 wireless provider shall apply the payment against the amount
21 the wireless service customer owes the wireless provider
22 first and shall remit to the State Treasurer such lesser
23 amount, if any, as shall result therefrom.
24 (3) The fees collected under this subsection shall not
25 be subject to taxes or charges levied by the Commonwealth or
26 any political subdivision of this Commonwealth, nor shall
27 such fees be considered revenue of the wireless provider for
28 any purpose.
29 (4) In the case of prepaid wireless telephone service,
30 the monthly wireless 911 surcharge imposed by this section
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1 shall be remitted based upon each prepaid wireless account in
2 any manner consistent with the provider's existing operating
3 or technological abilities, such as customer address,
4 location associated with the MTN, or reasonable allocation
5 method based upon other comparable relevant data, and
6 associated with Pennsylvania, for each wireless customer with
7 an active prepaid wireless account and has a sufficient
8 positive balance as of the last day of each month, if such
9 information is available.
10 (c) Remittance of fees.--On a quarterly basis, each wireless
11 provider shall remit the fees collected under subsection (b) to
12 the State Treasurer for deposit into the fund.
13 (d) Reimbursement of wireless provider and PSAP costs.--
14 (1) From every such remittance, the wireless provider
15 shall be entitled to deduct and retain an amount not to
16 exceed 2% of the gross receipts collected as reimbursement
17 for the administrative costs incurred by the wireless
18 provider to bill, collect and remit the surcharge.
19 (2) Wireless providers and PSAPs shall be entitled to
20 payment from the fund, in the manner provided in section
21 11.5(c), for the following costs:
22 (i) Recurring costs approved by the agency pursuant
23 to agency rules associated with the development,
24 implementation, operation and maintenance of wireless E-
25 911 service in the geographic area served by the
26 requesting PSAP; and
27 (ii) Nonrecurring costs approved by the agency
28 pursuant to agency rules associated with the development,
29 implementation, operation and maintenance of wireless E-
30 911 service in the geographic area served by the
20030H1018B3140 - 23 -
1 requesting PSAP.
2 (3) In no event shall any costs be paid that are not
3 related to a wireless provider's or PSAP's compliance with
4 requirements established by the wireless E-911 State plan,
5 the FCC E-911 Order or the wireless E-911 provisions of an
6 agency-approved county plan or amended county plan.
7 (4) Costs incurred by a PSAP or wireless provider for
8 wireless E-911 service prior to the effective date of this
9 section shall be paid by the agency provided that the costs
10 comply with the requirements of this section and section
11 11.5, were incurred after January 1, 1998, and are determined
12 by the agency, after application in accordance with section
13 11.5(c), to be eligible for payment from the fund. Any such
14 costs that the agency determines to be eligible shall be paid
15 as provided in section 11.5.
16 (5) Nothing in this act shall prevent a wireless
17 provider from recovering its costs of implementing and
18 maintaining wireless E-911 service directly from its
19 customers, whether itemized on the customer's bill or by any
20 other lawful method. No wireless provider that levies such a
21 separate fee for provision of E-911 wireless service in the
22 geographic area served by the requesting PSAP may receive a
23 reimbursement for the same costs.
24 (e) Reporting by wireless providers.--With each remittance a
25 wireless provider shall supply the following information to the
26 State Treasurer and to the agency:
27 (1) The total fees collected through the wireless E-911
28 surcharge from its wireless service customers during the
29 reporting period.
30 (2) The total amount retained by it as reimbursement for
20030H1018B3140 - 24 -
1 administrative costs to cover its expenses of billing,
2 collecting and remitting the fees collected from the wireless
3 E-911 surcharge during the reporting period.
4 (3) Until all nonrecurring costs have been recovered by
5 a wireless provider, the total amount it has been reimbursed
6 by the agency for nonrecurring costs associated with the
7 development, implementation, operation and maintenance of
8 wireless E-911 service during the reporting period.
9 (f) Information to be supplied by wireless providers.--All
10 wireless providers shall provide the agency with such
11 information as it shall request in writing in order to discharge
12 its obligations under this section, including, but not limited
13 to, the collection and deposit of the wireless E-911 surcharge
14 and its administration of the fund. Information supplied by
15 wireless providers pursuant to this section shall remain
16 confidential and release of such information shall be governed
17 by section 11.7.
18 (g) Prohibition.--No part of the fund, including any excess
19 amount under section 11.6(a), shall be used for any purpose
20 unless expressly authorized by this act.
21 (h) Surcharge sunset.--The wireless E-911 surcharge fee
22 established in subsection (b) shall terminate on June 30, 2009,
23 unless extended by an act of the General Assembly.
24 Section 11.5. Disbursement of fund amounts by agency.
25 (a) Expenditures for wireless E-911 systems.--During each
26 fiscal year, the agency may, only in furtherance of the Wireless
27 E-911 State plan, disburse moneys from the Wireless E-911
28 Emergency Services Fund to PSAPs with agency-approved county
29 plans or amended county plans and wireless providers for the
30 following purposes:
20030H1018B3140 - 25 -
1 (1) To pay the costs of PSAPs and wireless providers
2 provided for in section 11.4(a)(1) and (d)(2) and the costs
3 of PSAPs provided for in section 11.4(a)(2).
4 (2) To train emergency service personnel regarding
5 receipt and use of wireless E-911 service information.
6 (3) To educate consumers regarding the operations,
7 limitations, role and responsible use of wireless E-911
8 service.
9 (b) Limitations on use of fund amounts by PSAPs.--No PSAP
10 shall receive a disbursement from the fund for any cost
11 necessary to house the wireless E-911 system or for the purchase
12 of real estate, cosmetic remodeling, ambulances, fire engines or
13 other emergency vehicles, utilities, taxes and other expenses as
14 determined by the agency. No more than 70% of the disbursements
15 which a PSAP receives from the fund during the agency's fiscal
16 year may be utilized to fund personnel training, salary and
17 benefit costs.
18 (c) Manner of payment.--Each PSAP and wireless provider
19 shall submit to the agency each year, not later than 120 days
20 before the first day of the agency's fiscal year, the eligible
21 costs it expects to incur for wireless E-911 service during the
22 next fiscal year of the agency. The submission may include
23 eligible costs that the PSAP or wireless provider has already
24 incurred for wireless E-911 service at the time of the
25 submission. The agency shall review the submission, ensure that
26 the costs are eligible for payment from the fund and notify the
27 submitting PSAP or wireless provider, not later than 30 days
28 before the first day of the agency's fiscal year, of the
29 eligible costs. The agency shall pay to each PSAP and wireless
30 provider, from the fund, the amount of the submitted costs the
20030H1018B3140 - 26 -
1 agency determined to be eligible, whether or not the costs have
2 been incurred at or before the time of payment, and whether or
3 not the costs, if already incurred, were incurred prior to the
4 effective date of this section. Payment shall be made in four
5 equal payments during the first month of each quarter of the
6 agency's fiscal year, as follows:
7 (1) The agency shall first pay the costs approved for
8 each PSAP that are payable in the quarter.
9 (2) Following the payment of approved costs to a PSAP
10 for Phase I deployment of wireless E-911 service, as set
11 forth in the FCC E-911 Order, but only after the PSAP has
12 issued its request to wireless providers to furnish Phase I
13 wireless E-911 service pursuant to the FCC E-911 Order, the
14 agency shall pay the approved costs of wireless providers
15 that are payable in the quarter to provide the requested
16 wireless E-911 service to that PSAP.
17 (3) Following the payment of approved costs to a PSAP
18 for Phase II deployment of wireless E-911 service, as set
19 forth in the FCC E-911 Order, but only after the PSAP has
20 issued its request to wireless providers to furnish Phase II
21 wireless E-911 service pursuant to the FCC E-911 Order, the
22 agency shall pay the approved costs of wireless providers
23 that are payable in the quarter to provide the requested
24 wireless E-911 service to that PSAP.
25 (4) In any quarter of the agency's fiscal year, all
26 costs specified in section 11.4(a)(1) that are approved by
27 the agency for payment to PSAPs or wireless providers shall
28 be paid before any other costs payable pursuant to this
29 chapter are paid to any PSAP or wireless provider. In the
30 first quarter of the agency's fiscal year, the agency shall
20030H1018B3140 - 27 -
1 determine whether payments to PSAPs and wireless providers
2 during the preceding fiscal year exceeded or were less than
3 the eligible costs incurred by each PSAP and wireless
4 provider submitting costs during the fiscal year. Each PSAP
5 and wireless provider shall provide verification of such
6 costs as required by the agency. Any overpayment shall be
7 refunded to the agency or, with the agency's approval, may be
8 used to pay agency-approved costs the PSAP or wireless
9 provider submitted for the current fiscal year of the agency.
10 The amount of any underpayment will be paid to the PSAP or
11 wireless provider in accordance with this subsection and
12 subsection (d) within the current fiscal year. The agency
13 shall reconsider a determination of eligible costs pursuant
14 to this subsection upon request by a submitting PSAP or
15 wireless provider, and shall provide a procedure for such
16 reconsideration.
17 (d) Pro rata sharing of fund amounts.--
18 (1) If the total amount of money in the fund in any
19 quarter is insufficient to pay for both agency-approved PSAP
20 costs and agency-approved wireless provider costs which are
21 payable in the quarter, under subsection (c), for both Phase
22 I deployment and Phase II deployment of wireless E-911
23 service, as set forth in the FCC E-911 Order, then payments
24 from the fund for that quarter shall be made as follows:
25 (i) The agency-approved Phase I deployment costs of
26 a PSAP and those wireless providers to which the PSAP has
27 issued its request for Phase I wireless E-911 service
28 shall be paid before any agency-approved costs for Phase
29 II deployment are paid.
30 (ii) If, notwithstanding subparagraph (i), the total
20030H1018B3140 - 28 -
1 amount of moneys in the fund in the quarter is
2 insufficient to pay all Phase I deployment costs of both
3 PSAPs and wireless providers which are payable in the
4 quarter, then each requesting PSAP and each requesting
5 wireless provider shall receive, for payment of Phase I
6 deployment costs, a pro rata share of the total amount of
7 moneys in the fund in the quarter.
8 (iii) If the total amount of moneys in the fund in
9 the quarter is insufficient to pay all agency-approved
10 Phase II deployment costs of both PSAPs and wireless
11 providers which are payable in the quarter, then each
12 requesting PSAP and each requesting wireless provider
13 shall receive, for payment of Phase II deployment costs,
14 a pro rata share of the total moneys in the fund which
15 are available in the quarter for payment of Phase II
16 deployment costs.
17 (2) For any PSAP or wireless provider, pro rata shares
18 shall be computed based upon the total dollar amount of money
19 available in the fund for payment of Phase I or Phase II
20 deployment costs, whichever is applicable, multiplied by the
21 ratio of:
22 (i) the total dollar amount of agency-approved but
23 unpaid costs of that PSAP or wireless provider for Phase
24 I or Phase II deployment, whichever is applicable; to
25 (ii) the total dollar amount of all agency-approved
26 but unpaid costs.
27 (3) Any remaining unpaid agency-approved PSAP costs or
28 wireless provider costs shall be carried forward for payment
29 during the next fiscal quarter. Such carryforward process
30 shall continue each fiscal quarter until all agency-approved
20030H1018B3140 - 29 -
1 PSAP costs and wireless provider costs have been paid. Pro
2 rata and other payments under this subsection, including, but
3 not limited to, payments of costs which are carried forward
4 for payment in subsequent fiscal quarters, shall also be
5 subject to all provisions and requirements of subsection (c),
6 except for subsection (c)(1).
7 (e) Triennial financial audit.--The agency shall require a
8 triennial financial audit of each PSAP's use of the
9 disbursements it has received from the fund and of a wireless
10 provider's collection, deduction, retention, remittance and use
11 of the amounts collected by the wireless provider under the
12 wireless E-911 surcharge or the disbursements it received from
13 the fund. These triennial financial audits shall be consistent
14 with guidelines established by the agency and the cost of each
15 audit shall be paid from the fund.
16 Section 11.6. Reporting.
17 (a) Annual report by agency.--Not later than March 1 of each
18 year, the agency, after consideration of the recommendations of
19 the advisory committee, shall submit an annual report, which may
20 be combined with that required by section 3(a)(5), to the
21 Governor and the General Assembly. Subject to the provisions of
22 section 11.7(b), the report shall include at least the
23 following:
24 (1) The extent to which wireless E-911 systems currently
25 exist in this Commonwealth.
26 (2) Those PSAPs which completed installation of wireless
27 E-911 systems pursuant to the wireless E-911 State plan and
28 the costs and expenses for installation.
29 (3) An itemization by PSAP or wireless provider, project
30 and description and expenditure for each Wireless E-911
20030H1018B3140 - 30 -
1 Emergency Services Fund disbursement made in the fiscal year
2 just concluded. The itemization shall include an explanation
3 of how each project contributed to the fulfillment of the
4 existing wireless E-911 State plan.
5 (4) The planned expenditures for the next fiscal year
6 for installation of wireless E-911 systems pursuant to the
7 wireless E-911 State plan.
8 (5) The total aggregate fees collected from all wireless
9 providers in the fiscal year just concluded based upon the
10 reports of such providers submitted under section 11.4(e) and
11 any other funds received by the fund.
12 (6) The amount of any unexpended funds carried forward
13 in the fund.
14 (7) The amount of any remaining unpaid agency-approved
15 PSAP costs or wireless provider costs being carried forward
16 for payment during the next fiscal quarter.
17 (8) Any advances in a wireless provider's system
18 technology or expansion of its customer service area which
19 further the goal of providing access to a wireless E-911
20 system regardless of the customer's geographic location on
21 any interstate highway in this Commonwealth.
22 (b) Study of wireless E-911 emergency services
23 implementation and operation.--The agency, after consideration
24 of the recommendations of the advisory committee, shall report
25 to the Governor and the General Assembly no less than
26 triennially its recommendations concerning wireless E-911
27 implementation and operation, including, but not limited to,
28 necessary or required actions which must be undertaken in
29 response to the Federal Communication Commission's directive in
30 the FCC E-911 Order. The report shall recommend measures to be
20030H1018B3140 - 31 -
1 taken by the General Assembly.
2 Section 11.7. Public disclosure and confidentiality of
3 information.
4 (a) Annual report of the agency.--The annual report of the
5 agency shall be a public document.
6 (b) Prohibition against release of information.--Neither the
7 State Treasurer, the agency, nor any employee, agent or
8 representative of a PSAP or public agency shall divulge any
9 information acquired with respect to any wireless provider, its
10 customers, revenues or expenses, trade secrets, commercial
11 information and such other proprietary information while acting
12 or claiming to act as such employee, agent or representative,
13 and all such information is hereby required to be kept
14 confidential, except that aggregations of information which do
15 not identify or effectively identify numbers of customers,
16 revenues or expenses, trade secrets, commercial information and
17 such other proprietary information attributable to any
18 individual wireless provider may be made public.
19 Section 11.8. Wireless provider records.
20 (a) Access.--Upon request from and pursuant to agreement
21 with a PSAP, each wireless provider shall provide E-911 Service
22 data base information as permitted under the law to the
23 requesting PSAP. Such information shall remain the property of
24 the disclosing wireless provider and, except as otherwise
25 provided by applicable Federal or State law, shall be used by
26 the PSAP only in connection with providing emergency response
27 services to a call to a 911 system or to a wireless E-911
28 system.
29 (b) Violations.--A person commits a misdemeanor of the third
30 degree who:
20030H1018B3140 - 32 -
1 (1) Uses or discloses wireless E-911 service data base
2 information for purposes other than handling a call to a 911
3 system or to a wireless E-911 system without the consent of
4 the wireless service customer, or as otherwise provided by
5 applicable Federal or State law.
6 (2) Knowingly uses the telephone number of a 911 system
7 or wireless E-911 system to avoid any charges for the
8 services of a local exchange carrier, competitive local
9 exchange carrier, interexchange carrier or wireless provider.
10 (c) Privacy waived.--The provisions of 66 Pa.C.S. § 2906
11 (relating to dissemination of telephone numbers and other
12 identifying information) shall have no application to wireless
13 providers to the extent they are engaged in providing wireless
14 E-911 service or related services.
15 Section 11.9. Immunity.
16 (a) Generally.--No wireless provider or its officers,
17 directors, employees, agents or vendors shall be liable to any
18 person for civil damages resulting from, or caused by, such
19 wireless provider's, its officers', directors', employees',
20 agents' or suppliers' participation in or acts, failure or
21 omissions in connection with that participation in the
22 development, design, installation, operation, maintenance,
23 performance or provision of wireless E-911 service, except for
24 willful or wanton misconduct.
25 (b) Parity of liability.--A wireless provider shall have the
26 same immunity from liability for transmission errors or
27 failures, network outages or other technical problems that arise
28 in the course of handling emergency calls or providing emergency
29 services (including wireless E-911 service) as a local exchange
30 carrier enjoys in the course of handling such calls or providing
20030H1018B3140 - 33 -
1 such services.
2 (c) Release of information.--No wireless provider or its
3 employees or agents shall be liable to any person for releasing
4 wireless service customer information to the agency or to any
5 911 system or wireless E-911 system, public agency or PSAP as
6 required by this act.
7 Section 11.10. Agency funding for wireless E-911 support.
8 The agency is authorized to retain up to two percent of the
9 annual wireless E-911 surcharge proceeds to pay for agency
10 expenses directly related to administering the wireless E-911
11 provisions of this act. This will include, but will not be
12 limited to, personnel, travel, administrative, financial
13 auditing and printing costs.
14 Section 11.11. Rate regulation.
15 Nothing in this act shall be construed to constitute the
16 regulation of the rates charged by wireless providers for any
17 service or feature which they provide to their wireless service
18 customers, or to prohibit a wireless provider from charging a
19 wireless service customer for any service or feature provided to
20 such customer.
21 Section 11.12. Rules and regulations.
22 The council shall have the power and authority to issue
23 guidelines and to promulgate, adopt, publish, use and enforce
24 rules and regulations for the implementation of this act and
25 shall within one year of the effective date of this act, after
26 consideration of the recommendations of the advisory committee,
27 promulgate such guidelines and rules and regulations as may be
28 necessary to implement this act. Guidelines and rules and
29 regulations proposed under the authority of this section shall
30 be subject to review by the General Counsel and the Attorney
20030H1018B3140 - 34 -
1 General in the manner provided for the review of proposed rules
2 and regulations pursuant to the act of October 15, 1980
3 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and
4 the act of June 25, 1982 (P.L.633, No.181), known as the
5 Regulatory Review Act.
6 Section 11.13. Enforcement of provisions of act.
7 In addition to any powers expressly enumerated in this act,
8 the agency shall have full power and authority, and it shall be
9 its duty to enforce, execute and carry out, by its rules and
10 regulations, or otherwise, all and singular, the provisions of
11 this act, and the agency may institute injunction, mandamus or
12 other appropriate legal proceedings to enforce the provisions of
13 this act and regulations promulgated under it.
14 Section 7. If any provision of this act or the application
15 thereof to any person or circumstances is held invalid, such
16 invalidity shall not affect other provisions or applications of
17 the act which can be given effect without the invalid provision
18 or application, and to this end the provisions of this act are
19 declared to be severable.
20 Section 8. This act shall take effect as follows:
21 (1) The wireless E-911 subscriber surcharge provided in
22 section 11.4 of the act shall take effect with the first
23 monthly billing cycle of a wireless provider occurring 90
24 days after the effective date of this act.
25 (2) The remainder of this act shall take effect in 90
26 days.
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