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:

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

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Emergency Telephone Number Act" is hereby repealed.

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     39-21.1-14. Funding.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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telecommunication services provider and shall be payable to the telecommunication services

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

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

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

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recover from the general body of ratepayers this surcharge.

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

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

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of computing the tax under chapter 13 of title 44.

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

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

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surcharge under this section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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telephone common carrier or telecommunication services provider.

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

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

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

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

 

LC000098 - Page 2 of 4

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telecommunication services provider to have not paid the surcharge.

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

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

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

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

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

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

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

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

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

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

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

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

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the division; reimbursement to telecommunication services providers or telephone common

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

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

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

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

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

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

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

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

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     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

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wireless telecommunications services.

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     This act would take effect upon passage.

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LC000098

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