PRIOR PRINTER'S NOS. 1193, 2303               PRINTER'S NO. 3140

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.
    20030H1018B3140                 - 18 -     

     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.
    20030H1018B3140                 - 19 -     

     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
    20030H1018B3140                 - 20 -     

     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
    20030H1018B3140                 - 21 -     

     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
    20030H1018B3140                 - 22 -     

     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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