It is enacted by the General Assembly as follows:
SECTION 1. Sections 39-21.1-1, 39-21.1-3, 39-21.1-5, 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911 EMERGENCY TELEPHONE NUMBER ACT" are hereby amended to read as follows:
39-21.1-1 Purpose. -- {ADD (a) ADD} The purpose of this chapter is to establish the number 911 as the primary emergency telephone number for use in the state and to develop and improve emergency communications procedures and facilities with the objective of reducing the response time to emergency calls for law enforcement, fire, medical, rescue, and other emergency services.
{ADD (b) It is hereby declared by the general assembly that: ADD}
{ADD (1) Availability and type of 9-1-1 service in the state. The citizens of this state enjoy enhanced 9-1-1 service where a public safety answering point (PSAP) telecommunicator receives the 9-1-1 call, the pertinent information about the nature and location of the emergency by questioning the caller, and confirms the telephone number and address of the calling party. E 9-1-1 saves lives and property by helping emergency services personnel do their jobs more quickly and efficiently. ADD}
{ADD (2) E 9-1-1 capabilities. E 9-1-1 information includes Automatic Location Identification (ALI), which permits the prompt dispatch of emergency assistance to the street address of the wireline phone. This capability is especially important where the caller is disoriented, disabled, unable to speak or does not know his/her location. ALI also reduces the errors in reporting the location of the emergency and in forwarding accurate information to emergency personnel. Automatic Number Identification (ANI) allows the number of the calling party to be displayed at the PSAP. With ANI, the PSAP can call back the party if the call is disconnected. The general assembly finds that ALI and ANI are critical components of effective emergency services. ADD}
{ADD (3) Wireless 9-1-1 capabilities. Mobility, the primary advantage of wireless technologies, creates complexities for providing E 9-1-1 service, necessitating special action for wireless E 9-1-1 services. ADD}
{ADD (4) The need for wireless E 9-1-1 services. It has been reported that the total number of wireless subscribers in the United States exceeds 42 million, and 9.6 million new subscribers were added in 1995 alone. Currently, there are almost thirty thousand (30,000) new wireless subscribers each day, amounting to a forty percent (40%) annual growth rate. Industry studies report that a majority of new subscribers cite safety and security as a primary reason for purchasing a mobile phone. These statistics underscore the growing popularity of mobile communications. With this growth, wireless customers place a large and increasing portion of 9-1-1 emergency calls received by PSAP's. In 1994 alone, almost eighteen million (18,000,000) wireless calls were made nationwide to 9-1-1 and other public service numbers. It is in the health and safety interests of the citizens of this state that wireless 9-1-1 services be enhanced to provide critical ALI and ANI information. ADD}
{ADD (5) The FCC Mandate for Wireless E 9-1-1. In July, 1996, the Federal Communications Commission (FCC) took several important steps to foster major improvements in the quality and reliability of wireless 9-1-1 services (FCC Docket No. 94-102). The FCC directed wireless carriers to deliver wireless E 9-1-1 information to PSAP's by April 1, 1998. The FCC also directed that wireless carriers, by October 1, 2001, identify to the PSAP the latitude and longitude of a mobile unit making an E 9-1-1 call within a radius of no more than one hundred twenty-five (125) meters in sixty-seven percent (67%) of all cases. ADD}
{ADD (6) PSAP'S Ability to Receive Wireless E 9-1-1 Information. Currently, E 9-1-1 does not have the necessary systems, facilities, and trained personnel to receive ANI and ALI on wireless calls. It is in the health and safety interests of the citizens of this state that PSAP's have the capability to receive and process wireless E 9-1-1 calls, and to require standards of quality of service, performance of service, and technological compliance of all providers of telecommunication services. ADD}
{ADD (7) Conditions for Providing Wireless E 9-1-1. The FCC mandate only applies if (a) PSAP's capable of receiving and utilizing the data elements associated with the E 9-1-1 services formally request such services from the wireless carriers in their jurisdiction and (b) a mechanism for the recovery of costs relating to the provision of such services is available. The FCC left it to each state to ensure that a mechanism is in place to permit carriers to recover costs associated with providing E 9-1-1 services. The general assembly finds that it is in the public interest to ensure that the conditions imposed by the FCC on wireless carriers to provide E 9-1-1 services are met as soon as possible so that the citizens of this state will have more reliable and efficient wireless emergency services. ADD}
{ADD (8) The Need for a Funding Mechanism. Wireline Enhanced 9-1-1 services in the state are funded by telephone subscribers. Wireless 9-1-1 services are not funded. Funding for wireless E 9-1-1 service will be necessary to ensure PSAP's have the necessary systems to be capable of receiving E 9-1-1 information from wireless carriers. Further, given the continued rise in the use of wireless communications, PSAP's will experience increasing demand and incur additional costs for ongoing operation and maintenance of the emergency 9-1-1 system. Wireless carriers will incur costs to upgrade systems to be capable of meeting the FCC mandate and will incur a continuous cost in providing E 9-1-1 information. The general assembly finds that the principal purpose of wireless E 9-1-1 funding is for wireless carriers to recover the costs of providing E 9-1-1 services and therefore to fulfill the FCC mandate. ADD}
{ADD (9) Establishment and Purpose of an E 9-1-1 Emergency Services Fund. To ensure that adequate and sustained funding for E 9-1-1 statewide emergency services exists so that wireless and wireline E 9-1-1 systems can be implemented, maintained, and provided at optimum technical levels, and E 9-1-1 services performed at optimum skill levels, the legislature finds that it is necessary and proper to establish a '9-1-1' emergency services fund." The 9-1-1 emergency services fund shall be the cost recovery mechanism for all E 9-1-1 service providers and shall serve as the means through which PSAP upgrades, including upgrades required to receive E 9-1-1 information from wireless carriers may be implemented and maintained. ADD}
{ADD (10) Indemnification. Given the complexity of providing E 9-1-1 services, the general assembly finds that it is appropriate to provide immunity from civil liability for landline and wireless E 9-1-1 service providers. Further, the general assembly finds that to encourage innovation in the provision of emergency services, it is in the public interest to also extend immunity by statute to any person that provides equipment or services for the establishment, maintenance, or operation of E 9-1-1 services. Immunity would not extend to willful or wanton acts of misconduct by the E 9-1-1 service provider or its employees and agents. ADD}
39-21.1-3 Definitions. -- As used in this chapter:
(a) "Public agency" means the state government and any unit of local government or special purpose district located in whole or in part within the state which provides or has authority to provide firefighting, law enforcement, ambulance, medical, or other emergency services.
(b) "Public safety agency" means a functional division of a public agency which provides firefighting, law enforcement, ambulance, medical, or other emergency services.
(c) "Private safety agency" means a private entity which provides emergency fire, ambulance, or medical services.
(d) "Public safety answering point (PSAP)" means a communications facility operated on a twenty four (24) hour basis, assigned responsibility to transmit 911 calls to other public safety agencies. It is the first point of reception of a 911 call by a public safety agency and serves the entire state.
(e) "Relay method" means the method of responding to a telephone request for emergency service whereby a public safety answering point notes pertinent information and relays it by telephone to the appropriate public safety agency or other provider of emergency services for dispatch of an emergency service unit.
(f) "Transfer method" means the method of responding to a telephone request for emergency service whereby a public safety answering point transfers the call directly to the appropriate public safety agency or other provider of emergency service for dispatch of an emergency service unit.
(g) "The 911 authority" means the agency of the state government in which responsibility for administering the implementation and operation of 911 system is vested by the general assembly.
(h) "Selective call routing" means a feature that routes a 911 call from a central office to the designated public safety answering point based upon the telephone number of the calling party.
(i) "Automatic number identification (ANI)" means the system capability to identify automatically the calling telephone number and to provide a display of that number at a public safety answering point.
(j) "Automatic location identification (ALI)" means the system capability to identify automatically the geographical location of the telephone being used by the caller and to provide a display of the location information at a public safety answering point.
{ADD (k) "Telephone common carrier" means any person, party, or entity which provides communications services for profit between a point of origin and a point of reception by way of a land-line wire connection between the two (2) points. It includes re-sellers of such services. ADD}
{ADD (l) "Communications common carrier" means any person, party, or entity which provides communications services for profit by way of wire or radio. It includes re-sellers of such services. ADD}
{ADD (m) "Communications services" means the transmission of sounds, messages, data, information, codes, or signals between a point or points of origin and a point or points of reception. ADD}
{ADD (n) "Telecommunication services provider" -- For purposes of this chapter and of chapter 39-21 of the general laws means every person, party or entity which provides communications services, including, but not limited to audio communication, print communication, or visual communication or any combination thereof, for profit on a subscription or pay-for-services basis by means of landline local telephone exchange devices, cellular telephone devices, wireless communication devices, radio, or any other communication devices or means which have access to, connect with, or interface with the E 9-1-1 Uniform Emergency Telephone System. Telecommunication service provider includes "telephone common carrier," "communications common carrier," "telephone companies," and "common carrier" as those terms are used in this chapter and in chapter 39-21, and "telecommunication common carrier" as defined in the Code of Federal Regulations at 47 CFR part 22, as amended from time to time. ADD}
{DEL 39-21.1-5 Operation of 911 service.
-- DEL}{ADD 39-21.1-5. Establishment of 9-1-1 service.
-- ADD} (a) The state shall establish a single central statewide
emergency 911 system equipped with selective call routing, automatic
number identification, and automatic location identification.
{ADD All telecommunication service providers who operate within
this state shall provide access to the E 9-1-1 Uniform Emergency
Telephone System with selective call routing, automatic number
identification and automatic location identification capabilities
in accordance with this chapter, with the rules and regulations
of the Federal Communications Commission and of the Rhode Island
Public Utilities Commission and with such other rules and regulations
promulgated by the 9-1-1 authority. Before the Public Utilities
Commission shall grant any license, permit, power, or authority
to operate or shall approve any tariff, rate, or similar compensation
measure to any telephone common carrier or telecommunication
services provider pursuant to title 39 of the general laws, it
shall obtain a certificate of compliance from the 911 authority,
certifying that the telephone common carrier or telecommunication
services provider that is seeking such grant or approval is in
compliance with the standards of quality of service, performance
of service and technological compliance adopted by the 911 authority
pursuant to chapter 21 of title 39 of the general laws. No such
license, permit, power, or authority to operate shall be granted
or any tariff, rate, or similar compensation measure be approved
until and unless the telephone common carrier or telecommunication
service provider is in full compliance with such standards. ADD}
(b) The digits "911" shall be the primary emergency telephone number within the state.
(c) Nothing in this chapter shall be construed to prohibit or discourage the municipalities to maintain a separate secondary backup telephone numbers for emergency and nonemergency telephone calls. Dissemination of the information contained in the data base for any other than emergency purpose is prohibited. The 911 emergency telephone number is not intended as a total replacement for the telephone service of the public safety agencies. The public safety answering point will not use the 911 system for administrative purposes, for placing outgoing calls, or for receiving nonemergency calls.
(d) Any addition to the basic 911 system that may be required by any municipality may be made at the municipality's expense, provided that the addition is approved by the 911 authority.
(e) The 911 authority and the telephone common carrier contracting with the authority shall not be liable for any inadequate data base information submitted to the 911 authority by the municipality, its agents or servants.
Notwithstanding the provisions of chapter 31 of title 9 of the general laws, the telephone common carrier, its agents and employees, is hereby indemnified and held harmless by the 911 authority and the state for civil damages for any action or omission in connection with the 911 or E911 systems unless the action or omission constitutes gross negligence or wanton and willful misconduct.
(f) Any expense incurred by a municipality shall not be deemed a state mandate pursuant to section 45-13-9 of the general laws.
(g) The telephone common carrier shall not issue or permit the usage of any three (3) digit telephone number for emergency purposes other than the digits "911" as provided in this chapter.
{ADD (h) The state of Rhode Island and Providence Plantations, the E 9-1-1 Uniform Emergency Telephone System Authority, local public service answering points, E 9-1-1 service providers, including telephone common carriers and telecommunication services providers and their respective employees, directors, officers, representatives or agents shall not be liable to any person for civil damages resulting from or caused by any act or omission in the development, design, installation, operation, maintenance, performance or provision of E 9-1-1 service, except to the extent due directly to its willful misconduct or gross negligence. Also, no provider of E 9-1-1 service, including a telecommunication services provider shall be liable to any person who uses E 9-1-1 service, for the release of subscriber information, including but not limited to, billing information required under this act, to any public safety answering point or to the state of Rhode Island or the E 9-1-1 Uniform Emergency Telephone System Authority. ADD}
39-21.1-14 Funding. -- (a) A monthly
surcharge of forty seven cents ($.47) is hereby levied upon each
residence and business main telephone exchange line, {DEL including
PBX trunks and Centrex equivalent trunks, DEL} {ADD and upon
each user interface number or extension number or similarly identifiable
line, trunk, or path to or from a digital network (such as, but
not exclusive of, integrated services digital network (ISDN).
Flexpath or comparable digital private branch exchange) or to
or from a customer-based or dedicated telephone switch site (such
as, but not exclusive of, a private branch exchange (PBX)), or
to or from a customer-based or dedicated central office (such
as, but not exclusive of, a centrex system but exclusive of trunks
and lines provided to wireless communication companies) ADD} in
the state. The surcharge shall be billed by each telephone common
carrier and shall be payable to the telephone common carrier by
the subscriber{DEL -user DEL} of the telephone service.
{ADD A monthly surcharge of forty-seven cents ($.47) is hereby
levied effective September 1, 1997, on each wireless telecommunication
instrument or device which has access to, connects with, or interferes
with the E 9-1-1 Uniform Emergency Telephone System. The surcharge
shall be billed by each telecommunication services provider and
shall be payable to the telecommunication services provider by
the subscriber. ADD}
(b) The amount of the surcharge shall not be subject to the tax imposed under chapter 18 of title 44 of the general laws 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) Special account established. -- {DEL The DEL} {ADD Each ADD}
telephone common carrier {ADD and each telecommunication services
provider ADD} shall establish a special account to which it shall
deposit on a monthly basis the amounts collected as a surcharge
under this section. In determining the amount collected, the telephone
common carrier {ADD or telecommunication services provider ADD}
may include a factor for uncollectible billings computed in accordance
with its customary business practice.
(d) The money collected by the telephone common carrier shall
be transferred within sixty (60) days after {DEL the initial
imposition of the surcharge DEL} {ADD its inception of communications
services in this state ADD} and every month thereafter, to the
general treasury, together with the accrued interest. {ADD The money
collected by the telecommunication services provider shall be
transferred within ninety (90) days. After the initial imposition
of the surcharge, and every calendar quarter thereafter, to the
general treasury without accrued interest. ADD} The amounts transferred
to the general treasury shall be kept in {DEL a specifically
designated account for the operation of the 911 system only. DEL}{ADD the
E 9-1-1 emergency services fund. ADD}
(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 {ADD or telecommunication services provider ADD}. Any surcharge shall be added to and may be stated separately in the billing by the telephone common carrier {ADD or telecommunication services provider ADD} and shall be collected by the telephone common carrier {ADD or telecommunication services provider ADD}.
(f) {DEL The DEL} {ADD Each ADD} telephone common carrier
{ADD and telecommunication services provider ADD} shall annually
provide the 911 authority 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 {ADD telephone ADD} common carrier {ADD or telecommunication services
provider ADD} to have not paid the surcharge.
{ADD (g) Included within, but not limited to, the purposes for which the amounts accumulated in the E 9-1-1 emergency services fund may be used are rent, maintenance, repair, and utilities for the 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 authority; 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 authority. ADD}
{ADD (h) Any unexpended funds in the E 9-1-1 emergency services fund account at the end of the fiscal year may not lapse but must be carried forward to be expended for the purposes described in this section. ADD}
{ADD (i) Nothing in this section shall be construed to constitute rate regulation of wireless communication services carriers, nor shall this act be construed to prohibit wireless communication services carriers from charging subscribers for any wireless service or feature. ADD}
