PUBLIC SAFETY EMERGENCY TELEPHONE ACT - STATEWIDE INTEGRATED WIRELESS
 E-911 STATE PLAN, WIRELESS E-911 EMERGENCY SERVICES FUND, COLLECTION OF
    E-911 SURCHARGE FROM WIRELESS CUSTOMERS AND ANNUAL REPORTING, ETC
                  Act of Dec. 30, 2003, P.L. 384, No. 56              Cl. 35
                             Session of 2003
                               No. 2003-56

     HB 1018

                                  AN ACT

     Amending the act of July 9, 1990 (P.L.340, No.78), entitled "An
        act providing for a Statewide emergency telephone number 911
        system; providing for contributions from telephone
        subscribers; providing a penalty; and making a repeal,"
        further providing for definitions, for local government
        immunity and for powers and duties of the Pennsylvania
        Emergency Management Agency; establishing a Statewide
        integrated wireless E-911 State plan; establishing a Wireless
        E-911 Emergency Services Fund and disbursements therefrom;
        further providing for collection of an E-911 surcharge from
        wireless customers and for annual reporting; establishing a
        wireless E-911 Emergency Services Advisory Committee; and
        providing for rules and regulations.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

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

     APPROVED--The 30th day of December, A. D. 2003.

     EDWARD G. RENDELL