2017 -- H 5075

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LC000098

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- 911 EMERGENCY TELEPHONE

NUMBER ACT

     Introduced By: Representatives Lancia, Newberry, Chippendale, Quattrocchi, and
Mendonca

     Date Introduced: January 11, 2017

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911

Emergency Telephone Number Act" is hereby repealed.

     39-21.1-14. Funding.

     (a) A monthly surcharge of one dollar ($1.00) is hereby levied upon each residence and

business telephone line or trunk or path and data, telephony, Internet, Voice Over Internet

Protocol (VoIP) wireline, line, trunk or path in the state including PBX trunks and centrex

equivalent trunks and each line or trunk serving, and upon each user interface number or

extension number or similarly identifiable line, trunk, or path to or from a digital network (such

as, but not exclusive of, integrated services digital network (ISDN), Flexpath or comparable

digital private branch exchange, or connecting to or from a customer-based or dedicated

telephone switch site (such as, but not exclusive of, a private branch exchange (PBX)), or

connecting to or from a customer-based or dedicated central office (such as, but not exclusive of,

a centrex system but exclusive of trunks and lines provided to wireless communication

companies) that can access to, connect with or interface with the Rhode Island E-911 Uniform

Emergency Telephone System (RI E-911). The surcharge shall be billed by each

telecommunication services provider at the inception of services and shall be payable to the

telecommunication services provider by the subscriber of the services. A monthly surcharge of

one dollar ($1.00) is hereby levied effective July 1, 2002, on each wireless instrument, device or

means including prepaid, cellular, telephony, Internet, Voice Over Internet Protocol (VoIP),

satellite, computer, radio, communication, data or data only wireless lines or any other wireless

instrument, device or means which has access to, connects with, or activates or interfaces or any

combination thereof with the E 9-1-1 Uniform Emergency Telephone System. The surcharge

shall be in addition to the surcharge collected under § 39-1-62 and shall be billed by each

telecommunication services provider and shall be payable to the telecommunication services

provider by the subscriber. Prepaid wireless telecommunications services shall not be included in

this act, but shall be governed by chapter 21.2 of title 39. The E-911 Uniform Emergency

Telephone System shall establish, by rule or regulation an appropriate funding mechanism to

recover from the general body of ratepayers this surcharge.

     (b) The amount of the surcharge shall not be subject to the tax imposed under chapter 18

of title 44 nor be included within the telephone common carrier's gross earnings for the purpose

of computing the tax under chapter 13 of title 44.

     (c) Each telephone common carrier and each telecommunication services provider shall

establish a special account to which it shall deposit on a monthly basis the amounts collected as a

surcharge under this section.

     (d) The money collected by each telecommunication services provider shall be

transferred within sixty (60) days after its inception of wireline, wireless, prepaid, cellular,

telephony, Voice Over Internet Protocol (VoIP), satellite, computer, Internet, or communications

services in this state and every month thereafter, to the division of taxation, together with the

accrued interest and shall be deposited in the general fund as general revenue: provided, however,

that beginning July 1, 2015, ten (10) percent of such money collected shall be deposited in the

Information Technology Investment Fund established pursuant to § 42-11-2.5. Any money not

transferred in accordance with this paragraph shall be assessed interest at the rate set forth in §

44-1-7 from the date the money should have been transferred.

     (e) Every billed subscriber-user shall be liable for any surcharge imposed under this

section until it has been paid to the telephone common carrier or telecommunication services

provider. Any surcharge shall be added to and may be stated separately in the billing by the

telephone common carrier or telecommunication services provider and shall be collected by the

telephone common carrier or telecommunication services provider.

     (f) Each telephone common carrier and telecommunication services provider shall

annually provide the E 9-1-1 uniform emergency telephone system division or any other agency

that may replace it, with a list of amounts uncollected together with the names and addresses of

its subscriber-users who can be determined by the telephone common carrier or

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telecommunication services provider to have not paid the surcharge.

     (g) Included within, but not limited to, the purposes for which the money collected may

be used are rent, lease, purchase, improve, construct, maintenance, repair, and utilities for the

equipment and site or sites occupied by the E 9-1-1 uniform emergency telephone system;

salaries, benefits, and other associated personnel costs; acquisition, upgrade or modification of

PSAP equipment to be capable of receiving E 9-1-1 information, including necessary computer

hardware, software, and data base provisioning, addressing, and non-recurring costs of

establishing emergency services; network development, operation and maintenance; data-base

development, operation, and maintenance; on-premise equipment maintenance and operation;

training emergency service personnel regarding use of E 9-1-1; educating consumers regarding

the operations, limitations, role and responsible use of E 9-1-1; reimbursement to telephone

common carriers or telecommunication services providers of rates or recurring costs associated

with any services, operation, administration or maintenance of E 9-1-1 services as approved by

the division; reimbursement to telecommunication services providers or telephone common

carriers of other costs associated with providing E 9-1-1 services, including the cost of the design,

development, and implementation of equipment or software necessary to provide E 9-1-1 service

information to PSAP's, as approved by the division.

     (h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]

     (i) Nothing in this section shall be construed to constitute rate regulation of wireless

communication services carriers, nor shall this section be construed to prohibit wireless

communication services carriers from charging subscribers for any wireless service or feature.

     (j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1].

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- 911 EMERGENCY TELEPHONE

NUMBER ACT

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     This act would repeal the surcharges levied on residence and business telephone lines and

wireless telecommunications services.

     This act would take effect upon passage.

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