PRINTER'S NO.  2320

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1789

Session of

2009

  

  

INTRODUCED BY SOLOBAY, EVERETT, MELIO, ADOLPH, BEAR, BELFANTI, BRENNAN, BRIGGS, CARROLL, D. COSTA, DALLY, DePASQUALE, DERMODY, DiGIROLAMO, J. EVANS, FARRY, FRANKEL, GEIST, GIBBONS, GINGRICH, GRUCELA, HALUSKA, HARHAI, HARHART, HARKINS, HENNESSEY, HESS, HORNAMAN, JOSEPHS, W. KELLER, KNOWLES, KORTZ, KOTIK, KULA, LEVDANSKY, MANN, MARKOSEK, MARSHALL, MATZIE, McGEEHAN, McILVAINE SMITH, MENSCH, MILLER, MURT, OBERLANDER, M. O'BRIEN, O'NEILL, OLIVER, PASHINSKI, PAYNE, PETRI, PHILLIPS, PICKETT, QUINN, READSHAW, REICHLEY, SABATINA, SANTONI, SEIP, SIPTROTH, K. SMITH, SONNEY, STERN, STURLA, J. TAYLOR, R. TAYLOR, VEREB, VULAKOVICH, WAGNER, WALKO, WHITE, YOUNGBLOOD AND YUDICHAK, JUNE 29, 2009

  

  

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JUNE 29, 2009  

  

  

  

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 and for Wireless E-911

6

Emergency Services Fund; and imposing a prepaid wireless

7

E-911 surcharge.

8

The General Assembly of the Commonwealth of Pennsylvania

9

hereby enacts as follows:

10

Section 1.  Section 2 of the act of July 9, 1990 (P.L.340,

11

No.78), known as the Public Safety Emergency Telephone Act,

12

amended December 30, 2003 (P.L.384, No.56) and July 9, 2008

13

(P.L.948, No.72), is amended to read:

14

Section 2.  Definitions.

15

The following words and phrases when used in this act shall

 


1

have the meanings given to them in this section unless the

2

context clearly indicates otherwise:

3

"911 emergency communication system" or "911 system."  A

4

system, including enhanced 911 service but excluding a wireless

5

E-911 system, which permits a person dialing 911 by telephone to

6

be connected to a public safety answering point, via normal

7

telephone facilities, for the reporting of police, fire, medical

8

or other emergency situations.

9

["Active prepaid wireless account."  A prepaid wireless

10

account that has been used by the customer during the month to

11

complete a telephone call for which the customer's card or

12

account was reduced.]

13

"Advisory committee."  The wireless E-911 Emergency Services

14

Advisory Committee established in section 11.3.

15

"Agency."  The Pennsylvania Emergency Management Agency.

16

"Associated with Pennsylvania."

17

(1)  In the case of the mobile telephone number (MTN),

18

the geographical location associated with the first six

19

digits or NPA/NXX of the MTN; or

20

(2)  in the case of a customer service address, the

21

physical location of the address.

22

"Automatic location information" or "ALI."  The delivery or

23

receipt of the street address of the telephone or the geographic

24

location of the wireless device, as specified in the FCC E-911

25

Order, being used to place a call to a 911 system or to a

26

wireless E-911 system.

27

"Automatic number identification" or "ANI."  The delivery or

28

receipt of the telephone number assigned to the telephone or

29

wireless device being used to place a call to a 911 system or to

30

a wireless E-911 system.

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1

"Commission."  The Pennsylvania Public Utility Commission.

2

"Competitive local exchange carrier."  A local exchange

3

carrier that has been certificated as a competitive local

4

exchange carrier by the Pennsylvania Public Utility Commission.

5

"Consumer."  A person who purchases prepaid wireless

6

telecommunications service in a retail transaction.

7

"Contribution rate."  A fee assessed against a telephone

8

subscriber for the nonrecurring costs, maintenance and operating

9

costs of a 911 system. Counties of the first through second

10

class A may impose a monthly contribution rate in an amount not

11

to exceed $1 per line on each local exchange access line.

12

Counties of the third through fifth class may impose monthly

13

contribution rates in an amount not to exceed $1.25 per line on

14

each local exchange access line. Counties of the sixth through

15

eighth class may impose a monthly contribution rate in an amount

16

not to exceed $1.50 per line on each local exchange access line.

17

The contribution rate may be used by counties for the expenses

18

of implementing, expanding or upgrading a 911 system. Expenses

19

eligible for reimbursement through the contribution rate shall

20

include telephone terminal equipment, trunk line service

21

installation, network changes, building of initial data base and

22

any other nonrecurring costs to establish a 911 system. The

23

contribution rate may also be used to fund recurring costs

24

pursuant to section 8(b). Expenses not eligible for

25

reimbursement through the contribution rate shall include

26

purchase of real estate, cosmetic remodeling, central office

27

upgrades, hiring of dispatchers, ambulances, fire engines or

28

other emergency vehicles, utilities, taxes and other expenses as

29

determined by the Pennsylvania Emergency Management Agency.

30

"Council."  The Pennsylvania Emergency Management Council.

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1

"County."  The term shall include a city of the first class

2

coterminous with a county.

3

"County plan."  A document submitted by the county on a

4

triennial basis to the Pennsylvania Emergency Management Agency,

5

outlining its proposed and existing wireline and wireless 911

6

and enhanced 911 systems and procedures, including a

7

contribution rate, for the forthcoming three years.

8

"Emergency notification services."  Services provided by

9

authorized agencies of Federal, State, county or local

10

governments, or by persons authorized by such governments, that

11

notify the public, using ANI/ALI data base information, of

12

emergencies declared by such governments.

13

"Emergency support services."  Information or data base

14

management services provided by authorized agencies of Federal,

15

State, county or local governments, or by persons authorized by

16

such governments, that are used in support of PSAPs or emergency

17

notification services.

18

"Enhanced 911 service" or "E-911."  Emergency telephone

19

service providing for automatic identification of caller

20

location and calling number.

21

"FCC E-911 Order."  All orders issued by the Federal

22

Communications Commission pursuant to the proceeding entitled

23

"Revision of the Commission's Rules to Ensure Compatibility with

24

Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102)

25

codified at 47 CFR 20.18 (relating to 911 Service), any

26

successor proceeding and any other FCC order that affects the

27

provision of wireless E-911 service to wireless service

28

customers.

29

"Fund."  The Wireless E-911 Emergency Services Fund

30

established in section 11.4.

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1

"Interconnected Voice over Internet Protocol service

2

customer" or "VoIP service customer."  A person who is billed by

3

an interconnected Voice over Internet Protocol provider, is the

4

end user of VoIP service and who has designated a primary place

5

of use within this Commonwealth.

6

"Interconnected Voice over Internet Protocol provider" or

7

"VoIP provider."  A person engaged in the business of providing

8

VoIP service to end-use customers in this Commonwealth,

9

including resellers.

10

"Interconnected Voice over Internet Protocol service" or

11

"VoIP service."  Service as defined by all orders issued by the

12

Federal Communications Commission pursuant to the proceeding

13

entitled "IP-Enabled Services", (WC Docket No. 04-36; FCC

14

05-116), codified at 47 CFR Part 9 (relating to interconnected

15

Voice over Internet Protocol services), any successor proceeding

16

and any other FCC order that affects the provision of 911

17

service or E-911 service to VoIP service customers or further

18

defines interconnected Voice over Internet Protocol service.

19

"Interexchange carrier."  A person that is authorized by the

20

Pennsylvania Public Utility Commission to provide long-distance

21

telecommunications service.

22

"Local exchange carrier."  A person, including a competitive

23

local exchange carrier, that is authorized by the Pennsylvania

24

Public Utility Commission to provide local exchange

25

telecommunications service or exchange access.

26

"Local exchange telephone service."  The provision of

27

telephonic message transmission within an exchange, as such is

28

defined and described in tariffs filed with and approved by the

29

commission.

30

"Mobile telephone number" or "MTN."  The telephone number

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1

assigned to a wireless telephone at the time of initial

2

activation.

3

"NPA-NXX."  The first six digits of a ten-digit telephone

4

number, including a mobile telephone number, representing the

5

area code and exchange of the telephone number.

6

"Person."  The term includes a corporation, a partnership, an

7

association, the Federal Government, the State government, a

8

political subdivision, a municipal or other local authority, as

9

well as a natural person.

10

"Prepaid wireless E-911 surcharge."  The charge that is

11

required to be collected by a seller from a consumer in the

12

amount established under section 11.4(b.1).

13

"Prepaid wireless provider."  A person that provides prepaid

14

wireless telecommunications service pursuant to a license issued

15

by the Federal Communications Commission.

16

"Prepaid wireless [telephone] telecommunications service."  A

17

wireless [telephone service which is activated in advance by

18

payment of a finite dollar amount or for a finite set of minutes

19

and which, unless an additional finite dollar amount or finite

20

set of minutes is paid in advance, terminates either upon use by

21

a customer and delivery by the wireless carrier of an agreed-

22

upon amount of service corresponding to the total dollar amount

23

paid in advance or within a certain period of time following

24

initial purchase or activation] telecommunications service that

25

allows a caller to dial 911 to access the 911 system, which

26

service must be paid for in advance and is sold in predetermined

27

units or dollars of which the number declines with use in a

28

known amount.

29

"Primary place of use."  The street address representative of

30

where the customer's use of the VoIP service primarily occurs.

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1

For the purpose of VoIP 911 fees, primary place of use is the

2

customer's registered location on the date the customer is

3

billed.

4

"Public agency."  The Commonwealth or a political

5

subdivision, public authority, municipal authority or any

6

organization located in whole or in part within this

7

Commonwealth which provides or has the authority to provide

8

firefighting, law enforcement, ambulance, emergency medical or

9

other emergency services.

10

"Public safety answering point" or "PSAP."  The agency-

11

approved first point at which calls for emergency assistance

12

from individuals are answered, operated 24 hours a day.

13

"Retail transaction."  The purchase of prepaid wireless

14

telecommunications service from a seller for any purpose other

15

than resale.

16

"Seller."  A person who sells prepaid wireless

17

telecommunications service to another person.

18

["Sufficient positive balance."  A dollar amount greater than

19

or equal to the monthly wireless surcharge amount.]

20

"Telecommunications carrier."  Any provider of

21

telecommunications services as defined by the Telecommunications

22

Act of 1996 (Public Law 104-104, 110 Stat. 56).

23

"Telephone subscriber."  A person who contracts with a local

24

exchange carrier within this Commonwealth for local exchange

25

telephone service, either residential or commercial. When the

26

same person has several telephone dial tone access lines, each

27

dial tone access line shall constitute a separate subscription.

28

For purposes of the contribution rate, the term shall not

29

include pay stations owned or operated by a regulated public

30

utility, or nonpublic utilities as the term is used in 66

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1

Pa.C.S. § 2913(b) (relating to minimum service requirement).

2

"Vendor."  A person other than a local exchange carrier or a

3

wireless provider who supplies 911 or wireless E-911 system

4

services or equipment.

5

"Wireless E-911 service."  Service provided by a wireless

6

provider, pursuant to the FCC E-911 Order.

7

"Wireless E-911 State plan."  A document to be prepared,

8

maintained and kept current by the Pennsylvania Emergency

9

Management Agency providing for all aspects of the development,

10

implementation, operation and maintenance of a Statewide

11

integrated wireless E-911 system, including the exclusive

12

authority to formulate technical standards and determine

13

permitted uses of and amounts disbursed from the Wireless E-911

14

Emergency Services Fund established by section 11.4(a).

15

"Wireless E-911 surcharge."  A monthly fee assessed upon each

16

wireless service customer, other than a prepaid wireless seller,

17

provider or consumer subject to the prepaid wireless E-911

18

surcharge under section 11.4(b.1), for each wireless two-way

19

communication device for which that customer is charged by a

20

wireless provider for wireless service.

21

"Wireless E-911 system."  An E-911 system which permits

22

wireless service customers dialing 911 to be connected to a

23

public safety answering point for the reporting of police, fire,

24

medical or other emergency situations.

25

"Wireless provider."  A person engaged in the business of

26

providing wireless service to end-use customers in this

27

Commonwealth, including resellers.

28

"Wireless service."  Commercial mobile radio service as

29

defined under section 332(d) of the Communications Act of 1934

30

(47 U.S.C. § 332(d)) and which provides real-time, two-way voice

- 8 -

 


1

service that is interconnected with the public switched

2

telephone network.

3

"Wireless service customer."  A person who is billed by a

4

wireless provider or who receives prepaid wireless telephone

5

service from a wireless provider for wireless service within

6

this Commonwealth.

7

Section 2.  Section 11.4(a) and (b) of the act, added

8

December 30, 2003 (P.L.384, No.56), are amended and the section

9

is amended by adding a subsection to read:

10

Section 11.4.  Wireless E-911 Emergency Services Fund.

11

(a)  Establishment of fund.--There is hereby established in

12

the State Treasury a nonlapsing restricted interest-bearing

13

account to be known as the Wireless E-911 Emergency Services

14

Fund. The fund shall consist of the fees collected under

15

[subsection (b)] subsections (b) and (b.1), funds appropriated

16

by the General Assembly and of funds from any other source,

17

private or public. Moneys in the fund and the interest it

18

accrues is hereby appropriated to the Pennsylvania Emergency

19

Management Agency to be disbursed by the agency. The moneys in

20

the fund shall be used only for the following costs:

21

(1)  PSAP and wireless provider costs resulting from

22

compliance with the FCC E-911 Order, including development,

23

implementation and testing, operation and maintenance of a

24

Statewide integrated wireless E-911 system. Costs paid from

25

the fund must be eligible recurring or nonrecurring costs as

26

determined by the agency in accordance with sections 11.2(a)

27

and 11.5 for wireless E-911 service provided in accordance

28

with the FCC E-911 Order or a county plan or amended county

29

plan approved by the agency.

30

(2)  The agency-approved costs of PSAPs specified in

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1

section 8(b) that relate directly or indirectly to the

2

provision of wireless E-911 service, to the extent:

3

(i)  the costs are not included in the costs paid

4

under section 11.4(a)(1) and the approved E-911 costs

5

provided in section 11.4(a)(1) have been reimbursed; and

6

(ii)  the costs do not exceed the percentage of the

7

actual ratio of demonstrated wireless calls to

8

demonstrated total emergency call volume times the amount

9

of money in the fund, and further:

10

(A)  the amount of the costs that may be

11

reimbursed is limited to 25% of the fund if a

12

majority of wireless providers serving the geographic

13

area covered by the PSAP have been tested and

14

accepted by the PSAP for wireless E-911 Phase I

15

service;

16

(B)  the amount of the costs that may be

17

reimbursed is limited to 50% of the fund if all of

18

the wireless providers serving the geographic area

19

covered by the PSAP have been tested and accepted by

20

the PSAP for wireless E-911 Phase I service;

21

(C)  the amount of the costs that may be

22

reimbursed is limited to 75% of the fund if a

23

majority of wireless providers serving the geographic

24

area covered by the PSAP have been tested and

25

accepted by the PSAP for wireless E-911 Phase II

26

service; and

27

(D)  the amount of the costs that may be

28

reimbursed is limited to 100% of the fund if all of

29

the wireless providers serving the geographic area

30

covered by the PSAP have been tested and accepted by

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1

the PSAP for wireless E-911 Phase II service.

2

In the event that, pursuant to an FCC E-911 waiver, a wireless

3

provider is temporarily relieved of its obligation to provide

4

wireless E-911 Phase II service in the geographic area covered

5

by a requesting PSAP, such wireless carrier shall be disregarded

6

in the determinations to be made pursuant to subparagraphs (iii)

7

and (iv) until such time as the wireless carrier's obligation to

8

provide wireless E-911 Phase II service again becomes effective.

9

(b)  Wireless E-911 surcharge.--Each wireless service

10

customer shall pay a fee, to be known as a wireless E-911

11

surcharge, in an amount of $1 per month for each device that

12

provides wireless service for which that customer is billed by a

13

wireless provider for wireless service [or receives prepaid

14

wireless telephone service from a wireless provider]. Such fee

15

shall be collected apart from and in addition to any fee levied

16

by the wireless provider in whole or in part for the provision

17

of 911 services.

18

(1)  Wireless providers shall collect the fee on behalf

19

of the agency as part of their billing process and shall have

20

no obligation to take any legal action to enforce the

21

collection of the surcharge. Such action may be brought by or

22

on behalf of the agency. Annually, upon written request of

23

the agency, each wireless provider shall provide a list of

24

the names and addresses of those wireless service customers

25

carrying a balance that have failed to pay the wireless E-911

26

surcharge. The wireless provider shall not be liable for such

27

unpaid amounts.

28

(2)  If a wireless provider receives a partial payment

29

for a monthly bill from a wireless service customer, the

30

wireless provider shall apply the payment against the amount

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1

the wireless service customer owes the wireless provider

2

first and shall remit to the State Treasurer such lesser

3

amount, if any, as shall result therefrom.

4

(3)  The fees collected under this subsection shall not

5

be subject to taxes or charges levied by the Commonwealth or

6

any political subdivision of this Commonwealth, nor shall

7

such fees be considered revenue of the wireless provider for

8

any purpose.

9

[(4)  In the case of prepaid wireless telephone service,

10

the monthly wireless 911 surcharge imposed by this section

11

shall be remitted based upon each prepaid wireless account in

12

any manner consistent with the provider's existing operating

13

or technological abilities, such as customer address,

14

location associated with the MTN, or reasonable allocation

15

method based upon other comparable relevant data and

16

associated with Pennsylvania, for each wireless customer with

17

an active prepaid wireless account and has a sufficient

18

positive balance as of the last day of each month, if such

19

information is available.]

20

(4)  The provisions of this subsection shall not apply to

21

sellers, providers or consumers of prepaid wireless

22

telecommunications service.

23

(b.1)  Prepaid wireless E-911 surcharge.--

24

(1)  There is hereby imposed a prepaid wireless E-911

25

surcharge of $1 per retail transaction or the adjusted

26

surcharge, if any, established under paragraph (5).

27

(2)  A prepaid wireless E-911 surcharge shall be

28

collected by the seller from the consumer for each retail

29

transaction occurring in this Commonwealth. The amount of the

30

prepaid wireless E-911 surcharge shall be either separately

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1

stated on an invoice, receipt or other similar document that

2

is provided to the consumer by the seller or otherwise

3

disclosed to the consumer. A retail transaction that is

4

effected in person by a consumer at a business location of

5

the seller shall be treated as occurring in this Commonwealth

6

if that business location is in this Commonwealth, and any

7

other retail transaction shall be treated as occurring in

8

this Commonwealth if the retail transaction is treated as

9

occurring in this Commonwealth for the purposes of section

10

202(e.1) of the act of March 4, 1971 (P.L.6, No.2), known as

11

the Tax Reform Code of 1971.

12

(3)  A prepaid wireless E-911 surcharge is a liability of

13

the consumer and not of the seller or any provider, except

14

that the seller shall be liable to remit all prepaid wireless

15

E-911 surcharges that the seller collects from consumers as

16

provided under paragraph (6), including all charges that the

17

seller is deemed to collect where the amount of the surcharge

18

has not been separately stated in an invoice, receipt or

19

other similar document provided to the consumer by the

20

seller.

21

(4)  The amount of the prepaid wireless E-911 surcharge

22

that is collected by a seller from a consumer, whether or not

23

the amount is separately stated on an invoice, receipt or

24

similar document provided to the consumer by the seller,

25

shall not be included in the base for measuring any tax, fee,

26

surcharge or other charge that is imposed by the

27

Commonwealth, a political subdivision or an intergovernmental

28

agency.

29

(5)  The prepaid wireless E-911 surcharge shall be

30

proportionately increased or reduced, as applicable, upon any

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1

change to the wireless E-911 surcharge imposed under

2

subsection (b). The increase or reduction shall be effective

3

on the effective date of the change to the surcharge imposed

4

under subsection (b) or, if later, the first day of the first

5

calendar month to occur at least 60 days after the effective

6

date of the change to the surcharge imposed under subsection

7

(b). The Department of Revenue shall provide not less than 30

8

days' notice of an increase or reduction on its public

9

website.

10

(6)  Prepaid wireless E-911 surcharges collected by a

11

seller shall be remitted to the Department of Revenue at the

12

times and in the manner provided under Chapter IV of Article

13

II of the Tax Reform Code of 1971 with respect to sales and

14

use tax. The Department of Revenue shall establish

15

registration and payment procedures that substantially

16

coincide with the registration and payment procedures of

17

Chapter IV of Article II of the Tax Reform Code of 1971.

18

(7)  A seller may deduct and retain 3% of prepaid

19

wireless E-911 surcharges that are collected by the seller

20

from consumers.

21

(8)  The audit and appeal procedures applicable to the

22

sales and use tax imposed under Article II of the Tax Reform

23

Code of 1971 shall apply to prepaid wireless E-911

24

surcharges.

25

(9)  The Department of Revenue shall establish procedures

26

by which a seller of prepaid wireless telecommunications

27

service may document that a sale is not a retail transaction,

28

which procedures shall substantially coincide with the

29

procedures for documenting sale for resale transactions for

30

sales and use tax purposes under Article II of the Tax Reform

- 14 -

 


1

Code of 1971.

2

(10)  The Department of Revenue shall pay all remitted

3

prepaid wireless E-911 surcharges to the State Treasurer for

4

deposit into the fund within 30 days of receipt, for use as

5

provided in this act. The Department of Revenue may deduct an

6

amount, not to exceed 2% of remitted surcharges, that shall

7

be retained by the Department of Revenue to reimburse its

8

direct costs of administering the collection and remittance

9

of prepaid wireless E-911 surcharges.

10

(11)  The provisions of section 11.9 shall apply to

11

providers and sellers of prepaid wireless telecommunications

12

service.

13

(12)  The prepaid wireless E-911 surcharge shall be the

14

only E-911 funding obligation imposed with respect to prepaid

15

wireless telecommunications service in this Commonwealth. No

16

tax, fee, surcharge or other charge may be imposed by the

17

Commonwealth, a political subdivision or an intergovernmental

18

agency for E-911 funding purposes, on any provider, seller or

19

consumer with respect to the sale, purchase, use or provision

20

of prepaid wireless telecommunications service.

21

* * *

22

Section 3.  This act shall take effect January 1, 2010.

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