Current Status Bill Number:4242 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970528 Primary Sponsor:Vaughn All Sponsors:Vaughn and McMahand Drafted Document Number:psd\7400ac.97 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Public safety communication, Commercial Mobile Radio Service (CMRS) 911 established, Emergency Telephone Service
Body Date Action Description Com Leg Involved
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House 19970528 Introduced, read first time, 26 HLCI
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-47-65, SO AS TO CREATE THE COMMERCIAL MOBILE RADIO SERVICE BOARD AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES INCLUDING, BUT NOT LIMITED TO, PROVIDING FOR ALLOCATION AND DISTRIBUTION OF THE REVENUES GENERATED BY THE COLLECTION OF THE COMMERCIAL MOBILE RADIO SERVICE 911 CHARGES; TO AMEND SECTION 23-47-10, RELATING TO PUBLIC SAFETY COMMUNICATIONS' DEFINITIONS, SO AS TO REVISE DEFINITIONS AND DEFINE NEW TERMS; TO AMEND SECTION 23-47-50, RELATING TO 911 SUBSCRIBER BILLING, SO AS TO ESTABLISH A MONTHLY COMMERCIAL MOBILE RADIO SERVICE (CMRS) 911 CHARGE FOR EACH CMRS CONNECTION WITH A SOUTH CAROLINA BILLING ADDRESS OR MOBILE IDENTIFICATION NUMBER CONTAINING A SOUTH CAROLINA AREA CODE; AND TO AMEND SECTION 23-47-70, RELATING TO IMMUNITY FROM LIABILITY, SO AS TO EXTEND IMMUNITY TO CERTAIN COMMERCIAL MOBILE RADIO SERVICE PROVIDERS, OR SERVICE SUPPLIERS, AND THEIR OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS FROM CIVIL AND CRIMINAL LIABILITY IN CONNECTION WITH DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF 911 SERVICE AND PROVISION OF SUBSCRIBER INFORMATION TO GOVERNMENTAL ENTITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 23-47-65. (A) The Commercial Mobile Radio Service Emergency Telephone Services Board is created and consists of the State Auditor, ex officio; and the Director of the Office of Information Resources, Budget and Control Board, ex officio; two representatives nominated by a majority of the CMRS providers licensed to do business in the State; two 911 system employees nominated by a majority of the E911 directors/coordinators in the State; one representative nominated by the majority of the telephone (local exchange access facility) service suppliers licensed to do business in the State; and two consumer representatives residing in the State. All except the ex officio members must be appointed by the Governor for a three-year term.
(B) The board shall:
(1) establish and maintain an interest-bearing account in which revenues from the CMRS 911 charge levied on CMRS connections must be deposited;
(2) manage and disburse the funds from the account in the following manner:
(a) distribute not more than thirty-nine percent of the total monthly revenues in the interest-bearing account to PSAP administrators based on CMRS 911 call volume for expenses incurred for the answering, routing, and proper disposition of CMRS 911 calls;
(b) hold and distribute not less than fifty-seven percent of the total monthly revenues in the interest-bearing account solely for the purposes of complying with applicable requirements of Federal Communications Commission (FCC) docket #94-102. These funds may be utilized by the PSAP and the CMRS providers licensed to do business in this State for these purposes in connection with compliance with the FCC requirements: upgrading, purchasing, programming, and installing necessary data, hardware, and software. Invoices detailing specific expenses for these purposes must be presented to the board in connection with any request for reimbursement, and the request must be approved by a majority vote of the board. An invoice presented to the board for reimbursement of costs not provided for in this section may be approved only by a unanimous vote of the board; however, no reimbursement may be made for costs unrelated to compliance with applicable requirements of FCC docket #94-102;
(c) an amount not to exceed two percent of the monthly fees collected may be utilized by the board to compensate the independent auditor provided for in subitem (e), and for expenses which the board is authorized to incur by contract, or otherwise, for administrative, legal, support, or other services to assist the board to fulfill its responsibilities under this chapter;
(d) submit annual reports to the State Auditor's Office outlining fees collected and monies disbursed to PSAP and CMRS providers;
(e) retain an independent, private auditor, as provided in the Consolidated Procurement Code, for the purposes of receiving, maintaining, and verifying the accuracy of any proprietary information submitted to the board by CMRS providers. Due to the confidential and proprietary nature of the information submitted by CMRS providers, the information may not be released to a party other than the State Auditor and is expressly exempt from disclosure pursuant to Chapter 4 of Title 30 (Freedom of Information Act). The information collected by the auditor only may be released in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual CMRS provider;
(f) annually calculate the average 911 charge in accordance with Section 23-47-50(F);
(g) notwithstanding any other provision of this chapter, one year from the effective date of this act, the board may promulgate regulations that alter the manner in which CMRS 911 charges are calculated; however, the charge may not exceed one dollar.
(C) CMRS providers are entitled to retain two percent of the fees collected as reimbursement for collection and handling of the CMRS 911 charge."
SECTION 2. Section 23-47-10 of the 1976 Code, as added by Act 245 of 1991, is amended to read:
"Section 23-47-10. As used in this chapter:
(1) '911 charge' means a fee to the local government for the 911 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, and nonrecurring and recurring installation, maintenance service, and network charges of a service supplier providing 911 service as provided in this chapter.
(2) '911 system' or '911 service' means an emergency telephone system that provides the user of the public telephone system with the ability to reach a public safety answering point by dialing the digits 911. The term 911 system or service also includes 'enhanced 911 service', which means an emergency telephone system with 911 service, and in addition, directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features.
(3) 'Addressing' means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government's geographical area necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the '911' data base and facilitates quicker response by public safety agencies.
(4) 'Automatic location identification' means an enhanced 911 service capability that enables the automatic display of the address.
(5) 'Automatic number identification' means an enhanced 911 service capability that enables the automatic display of the telephone number used to place a 911 call.
(6) 'Basic 911 system' means a 911 system or 911 service without enhancement.
(7) '911 plan' means a plan for the 911 system, enhanced 911 system, or an
(8) 'Customer' means the local government subscribing to 911 service from a service supplier.
(9) 'Enhanced 911 network features' means selective routing, automatic number identification, and location identification.
(10) 'Enhancement' means any addition to a 911 system such as automatic number identification, selective routing of calls, or other future technological advancements, as determined by the Public Service Commission.
(11) 'Exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by the South Carolina Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, or wide area telecommunications service (wats), foreign exchange (fx), or incoming lines.
(12) 'Local government' means any city, county, or political subdivision of the State.
(13) 'Mapping' means the development of a computerized geographical display system of roads and structure where emergency response may be required.
(14) 'Public safety agent' means a functional agency which provides fire fighting, law enforcement, medical, or other emergency services.
(15) 'Public safety answering point' (PSAP) means a communications facility operated on a twenty-four hour basis which first receives 911 calls from persons in a 911 service area and which may directly dispatch public safety services or extend, transfer, or relay 911 calls to appropriate public safety agencies. A PSAP may be designated to primary or secondary exchange service, referring to the order in which calls are directed for answering.
(16) 'Regional systems' means the formation of two or more local governments or multi-jurisdictional systems for the purpose of jointly forming and funding 911 systems.
(17) 'Service supplier' means a person, company, or corporation, public or private, providing local exchange telephone service and subject to regulation by the South Carolina Public Service Commission.
(18) 'Tariff rate' means the recurring or nonrecurring rates billed by the service supplier as stated in the service supplier's tariff and approved by the Public Service Commission, which represents the service supplier's recurring charges for exchange access facilities, exclusive of all taxes, fees, licenses, or similar charges.
(19) 'Telephone subscriber' or 'subscriber' means a person or entity to whom exchange telephone service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility constitutes a separate subscription.
(1) '911 charge' means a fee to the local government for the 911 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, and nonrecurring and recurring installation, maintenance service, and network charges of a service supplier providing 911 service as provided in this chapter.
(2) '911 plan' means a plan for the 911 system, enhanced 911 system, or any amendment to the plan developed by a county or municipality.
(3) '911 system' or '911 service' means an emergency telephone system that provides the user of the public telephone system with the ability to reach a public safety answering point by dialing the digits 911. The term also includes 'enhanced 911 service'.
(4) 'Addressing' means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government's geographical area necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the '911' database and facilitates quicker response by public safety agencies.
(5) 'Automatic location identification' means an enhanced 911 service capability that enables the automatic display of information.
(6) 'Automatic number identification' means an enhanced 911 service capability that enables the automatic display of the seven-digit number used to place a 911 call.
(7) 'Basic 911 system' means a system by which the various emergency functions provided by public safety agencies within each local government's jurisdiction may be accessed utilizing the three-digit number 911, but no available options of enhanced systems are included in the system.
(8) 'Board' means the CMRS Emergency Telephone Services Board established in this chapter.
(9) 'CMRS connection' means each account or number assigned to a CMRS customer.
(10) 'Commercial mobile radio service' or 'CMRS' means commercial mobile service under Sections 3(27) and 332(d), Federal Telecommunications Act of 1996 (47 U.S.C. Section 151 et seq.), Federal Communications Commission Rules, and the Omnibus Budget Reconciliation Act of 1993. The term includes any wireless two-way communication device, including radio-telephone communications used in cellular telephone service, personal communication service, or the functional and/or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communication service, or a network radio access line. The term does not include services whose customers do not have access to 911 service, a communication channel suitable only for data transmission, a wireless roaming service or other nonlocal radio access line service, or a private telecommunications system.
(11) 'Customer' means the local government subscribing to 911 service from a service supplier.
(12) 'Enhanced 911 network features' means selective routing, automatic number identification, and location identification.
(13) 'Enhanced 911 service' or 'enhanced 911 system', means a telephone exchange communications service consisting of telephone network features and public safety answering points designated by the local government which enables users of the public telephone system to access a 911 public safety communications center by dialing the digits 911. The service directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification.
(14) 'Enhancement' means an addition to a 911 system including, but not limited to, automatic number identification, selective routing of calls, or other future technological advancements, as determined by the Public Service Commission.
(15) 'Exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by the South Carolina Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, or wide area telecommunications service (wats), foreign exchange (fx), or incoming lines.
(16) 'Local government' means a city, county, or political subdivision of the State.
(17) 'Mapping' means the development of a computerized geographical display system of roads and structures where emergency response may be required.
(18) 'Public safety agent' means a functional agency which provides fire fighting, law enforcement, medical, or other emergency services.
(19) 'Public safety answering point' or 'PSAP' means a communications facility operated on a twenty-four hour basis which first receives 911 calls from persons in a 911 service area and which may directly dispatch public safety services or extend, transfer, or relay 911 calls to appropriate public safety agencies. A PSAP may be designated to primary or secondary exchange service, referring to the order in which calls are directed for answering.
(20) 'Regional systems' means the formation of two or more local governments or multi-jurisdictional systems for the purpose of jointly forming and funding 911 systems.
(21) 'Selective routing' means the method employed to direct 911 calls to the appropriate public safety answering point based on the geographical location from which the call originated.
(22) 'Service subscriber' means a person, company, corporation, business, association, or party not exempt from county or municipal taxes or utility franchise assessments, who is provided telephone (local exchange access facility) service or CMRS service in the political subdivision.
(23) 'Service supplier' means a person, company, or corporation, public or private, providing exchange telephone service or CMRS service throughout the political subdivision.
(24) 'Tariff rate' means the recurring or nonrecurring rates billed by the service supplier as stated in the service supplier's tariff and approved by the Public Service Commission, which represents the service supplier's recurring charges for exchange access facilities, exclusive of all taxes, fees, licenses, or similar charges.
(25) 'Telephone subscriber' or 'subscriber' means a person or entity to whom exchange telephone service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility constitutes a separate subscription."
SECTION 3. Section 23-47-50(F) of the 1976 Code, as added by Act 245 of 1991, is amended to read:
"(F) Fees collected by the service supplier pursuant to this section are not subject to any tax, fee, or assessment, nor are they considered revenue of the service supplier. A monthly CMRS 911 charge is levied for each CMRS connection which has a billing address within this State or a mobile identification number containing an area code assigned to South Carolina by the North American Numbering Plan Administrator. The amount of the levy, not to exceed one dollar per charge, must be determined annually by the board based upon the average monthly telephone (local exchange access facility) 911 charges paid in South Carolina. The board may calculate the CMRS 911 charge, based upon a review of one or more months during the year preceding the calculation, of telephone (local exchange access facility) charges paid in South Carolina. The CMRS 911 charge must be applied uniformly and must be imposed throughout the State; however, trunks or service lines used to supply service to CMRS providers are not subject to a CMRS 911 levy. The CMRS 911 charges collected by CMRS providers must be remitted to the CMRS Emergency Telephone Services Board within sixty days after the end of the month in which the fees are collected. The funds collected pursuant to this subsection are not general fund revenue of the State and must be kept in a fund separate and apart from the general fund to be expended as provided in Section 23-47-65.
(G) (1) Fees collected by the service supplier pursuant to this section are not subject to any tax, fee, or assessment, and these fees are not considered revenue of the service supplier.
(2) A 911 charge, including a CMRS 911 charge, must be added to the billing by the service supplier to the service subscriber and may be stated separately.
(3) A billed subscriber is liable for any 911 charge, including a CMRS 911 charge, imposed under this chapter until it has been paid to the service supplier.
(4) The State and its political subdivisions, including the board, may pursue an action against a delinquent subscriber or service user for any remedy available at law or in equity for the collection of a debt."
SECTION 4. Section 23-47-70 of the 1976 Code, as added by Act 245 of 1991, is amended by adding at the end:
"(C) Notwithstanding any other provision of the law, no CMRS provider, or service supplier if not subject to tariff, its officers, employees, assigns, or agents, may be liable for civil damages or criminal liability in connection with the development, design, installation, operation, maintenance, performance, or provision of 911 service. No CMRS provider, or service supplier, its officers, employees, assigns, or agents may be liable for civil damages or criminal liability in connection with the release of subscriber information to a governmental entity as required under this chapter."
SECTION 5. If a provision of this act or the application of a provision is held invalid, the invalidity does 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 severable.
SECTION 6. The Commercial Mobile Radio Service Emergency Telephone Services Board, as provided for in Section 23-47-65 of the 1976 Code, as added by Section 1 of this act, shall conduct a cost study to be submitted to the House Ways and Means Committee and Senate Finance Committee one year from this act's effective date. The board may include any information it considers appropriate to assist the General Assembly in determining whether future legislation is necessary or appropriate; however, the report must include information to assist in determining whether to adjust the Commercial Mobile Radio Service (CMRS) 911 charge to reflect actual costs incurred by Public Safety Answering Points or CMRS providers for compliance with applicable requirements of Federal Communications Commission docket #94-10.
SECTION 7. This act takes effect upon approval by the Governor.