act-1990-0-78•Pennsylvania Act 1990-78 — PUBLIC SAFETY EMERGENCY TELEPHONE ACT
Pennsylvania Act 1990-78 — PUBLIC SAFETY EMERGENCY TELEPHONE ACT
act-1990-0-781990 Pa. Act 78Law
Act text
PUBLIC SAFETY EMERGENCY TELEPHONE ACT
Act of Jul. 9, 1990, P.L. 340, No. 78 Cl. 35
AN ACT
Providing for a Statewide emergency telephone number 911 system;
providing for contributions from telephone subscribers;
providing a penalty; and making a repeal.
Compiler's Note: Section 303 of Act 58 of 1996, which
created the Department of Community and Economic
Development and abolished the Department of Community
Affairs, provided that the 911 program under Act 78 is
transferred from the Department of Community Affairs to
the Pennsylvania Emergency Management Agency.
The General Assembly declares it to be in the public interest
to provide a toll-free number 911 for any individual within this
Commonwealth to gain rapid, direct access to emergency aid. The
number shall be provided with the objective of reducing response
time to situations requiring law enforcement, fire, medical,
rescue or other emergency service. It is the further intent of
the General Assembly that authority and responsibility for the
creation and implementation of a plan establishing, operating
and maintaining adequate facilities for answering emergency
calls and dispatching a proper response to the callers' needs
shall be vested in the county government. Each county is
encouraged to implement a 911 emergency communication system and
to consider maximum integration of telecommunications facilities
and capabilities within their planning in order to economize the
costs, as well as to effect a more rapid response capability.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Telecommunications management.
Section 4. Counties.
Section 4.1. Pennsylvania State Police.
Section 5. County plan.
Section 6. Special public meeting.
Section 7. Collection and disbursement of contribution.
Section 8. Expenditures for nonrecurring costs, training,
mobile communications equipment, maintenance
and operation of 911 systems.
Section 9. Telephone records.
Section 10. Penalty.
Section 11. Rules and regulations (Deleted by amendment).
Section 11.1. Immunity.
Section 11.2. Powers and duties of agency.
Section 11.3. Advisory committees.
Section 11.4. Wireless E-911 Emergency Services Fund.
Section 11.5. Disbursement of fund amounts by agency.
Section 11.6. Reporting.
Section 11.7. Public disclosure and confidentiality of
information.
Section 11.8. Wireless provider records.
Section 11.9. Immunity.
Section 11.10. Agency funding for wireless E-911 support.
Section 11.11. Rate regulation.
Section 11.12. Rules and regulations.
Section 11.13. Enforcement of provisions of act.
Section 12. Repeals.
Section 13. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Public Safety
Emergency Telephone Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"911 emergency communication system" or "911 system." A
system, including enhanced 911 service but excluding a wireless
E-911 system, which permits a person dialing 911 by telephone to
be connected to a public safety answering point, via normal
telephone facilities, for the reporting of police, fire, medical
or other emergency situations.
"Active prepaid wireless account." A prepaid wireless
account that has been used by the customer during the month to
complete a telephone call for which the customer's card or
account was reduced.
"Advisory committee." The wireless E-911 Emergency Services
Advisory Committee established in section 11.3.
"Agency." The Pennsylvania Emergency Management Agency.
"Associated with Pennsylvania."
(1) In the case of the mobile telephone number (MTN),
the geographical location associated with the first six
digits or NPA/NXX of the MTN; or
(2) in the case of a customer service address, the
physical location of the address.
"Automatic location information" or "ALI." The delivery or
receipt of the street address of the telephone or the geographic
location of the wireless device, as specified in the FCC E-911
Order, being used to place a call to a 911 system or to a
wireless E-911 system.
"Automatic number identification" or "ANI." The delivery or
receipt of the telephone number assigned to the telephone or
wireless device being used to place a call to a 911 system or to
a wireless E-911 system.
"Commission." The Pennsylvania Public Utility Commission.
"Competitive local exchange carrier." A local exchange
carrier that has been certificated as a competitive local
exchange carrier by the Pennsylvania Public Utility Commission.
"Contribution rate." A fee assessed against a telephone
subscriber for the nonrecurring costs, maintenance and operating
costs of a 911 system. Counties of the first through second
class A may impose a monthly contribution rate in an amount not
to exceed $1 per line on each local exchange access line.
Counties of the third through fifth class may impose monthly
contribution rates in an amount not to exceed $1.25 per line on
each local exchange access line. Counties of the sixth through
eighth class may impose a monthly contribution rate in an amount
not to exceed $1.50 per line on each local exchange access line.
The contribution rate may be used by counties for the expenses
of implementing, expanding or upgrading a 911 system. Expenses
eligible for reimbursement through the contribution rate shall
include telephone terminal equipment, trunk line service
installation, network changes, building of initial data base and
any other nonrecurring costs to establish a 911 system. The
contribution rate may also be used to fund recurring costs
pursuant to section 8(b). Expenses not eligible for
reimbursement through the contribution rate shall include
purchase of real estate, cosmetic remodeling, central office
upgrades, hiring of dispatchers, ambulances, fire engines or
other emergency vehicles, utilities, taxes and other expenses as
determined by the Pennsylvania Emergency Management Agency.
"Council." The Pennsylvania Emergency Management Council.
"County." The term shall include a city of the first class
coterminous with a county.
"County plan." A document submitted by the county on a
triennial basis to the Pennsylvania Emergency Management Agency,
outlining its proposed and existing wireline and wireless 911
and enhanced 911 systems and procedures, including a
contribution rate, for the forthcoming three years.
"Emergency notification services." Services provided by
authorized agencies of Federal, State, county or local
governments, or by persons authorized by such governments, that
notify the public, using ANI/ALI data base information, of
emergencies declared by such governments.
"Emergency support services." Information or data base
management services provided by authorized agencies of Federal,
State, county or local governments, or by persons authorized by
such governments, that are used in support of PSAPs or emergency
notification services.
"Enhanced 911 service" or "E-911." Emergency telephone
service providing for automatic identification of caller
location and calling number.
"FCC E-911 Order." All orders issued by the Federal
Communications Commission pursuant to the proceeding entitled
"Revision of the Commission's Rules to Ensure Compatibility with
Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102)
codified at 47 CFR 20.18 (relating to 911 Service), any
successor proceeding and any other FCC order that affects the
provision of wireless E-911 service to wireless service
customers.
"Fund." The Wireless E-911 Emergency Services Fund
established in section 11.4.
"Interconnected Voice over Internet Protocol service
customer" or "VoIP service customer." A person who is billed by
an interconnected Voice over Internet Protocol provider, is the
end user of VoIP service and who has designated a primary place
of use within this Commonwealth. (Def. added July 9, 2008,
P.L.948, No.72)
"Interconnected Voice over Internet Protocol provider" or
"VoIP provider." A person engaged in the business of providing
VoIP service to end-use customers in this Commonwealth,
including resellers. (Def. added July 9, 2008, P.L.948, No.72)
"Interconnected Voice over Internet Protocol service" or
"VoIP service." Service as defined by all orders issued by the
Federal Communications Commission pursuant to the proceeding
entitled "IP-Enabled Services", (WC Docket No. 04-36; FCC 05-
116), codified at 47 CFR Part 9 (relating to interconnected
Voice over Internet Protocol services), any successor proceeding
and any other FCC order that affects the provision of 911
service or E-911 service to VoIP service customers or further
defines interconnected Voice over Internet Protocol service.
(Def. added July 9, 2008, P.L.948, No.72)
"Interexchange carrier." A person that is authorized by the
Pennsylvania Public Utility Commission to provide long-distance
telecommunications service.
"Local exchange carrier." A person, including a competitive
local exchange carrier, that is authorized by the Pennsylvania
Public Utility Commission to provide local exchange
telecommunications service or exchange access.
"Local exchange telephone service." The provision of
telephonic message transmission within an exchange, as such is
defined and described in tariffs filed with and approved by the
commission.
"Mobile telephone number" or "MTN." The telephone number
assigned to a wireless telephone at the time of initial
activation.
"NPA-NXX." The first six digits of a ten-digit telephone
number, including a mobile telephone number, representing the
area code and exchange of the telephone number.
"Person." The term includes a corporation, a partnership, an
association, the Federal Government, the State government, a
political subdivision, a municipal or other local authority, as
well as a natural person.
"Prepaid wireless telephone service." A wireless telephone
service which is activated in advance by payment of a finite
dollar amount or for a finite set of minutes and which, unless
an additional finite dollar amount or finite set of minutes is
paid in advance, terminates either upon use by a customer and
delivery by the wireless carrier of an agreed-upon amount of
service corresponding to the total dollar amount paid in advance
or within a certain period of time following initial purchase or
activation.
"Primary place of use." The street address representative of
where the customer's use of the VoIP service primarily occurs.
For the purpose of VoIP 911 fees, primary place of use is the
customer's registered location on the date the customer is
billed. (Def. added July 9, 2008, P.L.948, No.72)
"Public agency." The Commonwealth or a political
subdivision, public authority, municipal authority or any
organization located in whole or in part within this
Commonwealth which provides or has the authority to provide
firefighting, law enforcement, ambulance, emergency medical or
other emergency services.
"Public safety answering point" or "PSAP." The agency-
approved first point at which calls for emergency assistance
from individuals are answered, operated 24 hours a day.
"Sufficient positive balance." A dollar amount greater than
or equal to the monthly wireless surcharge amount.
"Telecommunications carrier." Any provider of
telecommunications services as defined by the Telecommunications
Act of 1996 (Public Law 104-104, 110 Stat. 56). (Def. added July
9, 2008, P.L.948, No.72)
"Telephone subscriber." A person who contracts with a local
exchange carrier within this Commonwealth for local exchange
telephone service, either residential or commercial. When the
same person has several telephone dial tone access lines, each
dial tone access line shall constitute a separate subscription.
For purposes of the contribution rate, the term shall not
include pay stations owned or operated by a regulated public
utility, or nonpublic utilities as the term is used in 66
Pa.C.S. § 2913(b) (relating to minimum service requirement).
"Vendor." A person other than a local exchange carrier or a
wireless provider who supplies 911 or wireless E-911 system
services or equipment.
"Wireless E-911 service." Service provided by a wireless
provider, pursuant to the FCC E-911 Order.
"Wireless E-911 State plan." A document to be prepared,
maintained and kept current by the Pennsylvania Emergency
Management Agency providing for all aspects of the development,
implementation, operation and maintenance of a Statewide
integrated wireless E-911 system, including the exclusive
authority to formulate technical standards and determine
permitted uses of and amounts disbursed from the Wireless E-911
Emergency Services Fund established by section 11.4(a).
"Wireless E-911 surcharge." A monthly fee assessed upon each
wireless service customer for each wireless two-way
communication device for which that customer is charged by a
wireless provider for wireless service.
"Wireless E-911 system." An E-911 system which permits
wireless service customers dialing 911 to be connected to a
public safety answering point for the reporting of police, fire,
medical or other emergency situations.
"Wireless provider." A person engaged in the business of
providing wireless service to end-use customers in this
Commonwealth, including resellers.
"Wireless service." Commercial mobile radio service as
defined under section 332(d) of the Communications Act of 1934
(47 U.S.C. § 332(d)) and which provides real-time, two-way voice
service that is interconnected with the public switched
telephone network.
"Wireless service customer." A person who is billed by a
wireless provider or who receives prepaid wireless telephone
service from a wireless provider for wireless service within
this Commonwealth.
(2 amended Dec. 30, 2003, P.L.384, No.56)
Section 3. Telecommunications management.
(a) Powers and duties of agency.--The agency shall have the
following powers and duties:
(1) To adopt rules and regulations pursuant to this act:
Provided, That the agency shall have the power and authority
to promulgate, adopt, publish and use guidelines for the
implementation of this act. Guidelines and rules and
regulations proposed under the authority of this section
shall be subject to review by the General Counsel and the
Attorney General in the manner provided for the review of
proposed rules and regulations pursuant to the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act, and the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act.
(2) To establish guidelines and application procedures
for the establishment of contribution rates.
(3) To receive, review and approve or disapprove all 911
system county plans.
(4) To forward a copy of each county plan application to
the council and the commission for their review as required
by this act.
(5) To submit an annual report, not later than March 1
of each year, to the Governor and the General Assembly and
include at least the following:
(i) The extent to which 911 systems currently exist
in Pennsylvania.
(ii) Those counties which completed installation,
and costs and expenses for installation.
(iii) An anticipated schedule for installing a 911
system on a county basis for that year.
(6) To establish minimum training and certification
standards for emergency dispatchers, call takers and
supervisors.
(7) To establish technical standards for all county
plans.
(8) To establish standards for performance review and
quality assurance programs for 911 systems to ensure public
safety and improve the performance of 911 systems.
(9) To establish standards for accuracy of 911 database
systems.
(10) To establish a program of communication between the
agency and county 911 coordinators for the purpose of sharing
information between counties and to develop recommendations
to improve 911 systems throughout this Commonwealth.
(11) To prescribe, in cooperation with the council and
the commission, such applications and forms as may be
necessary to carry out the provisions of this act.
(12) To take all actions necessary to implement,
administer and enforce the provisions of this act.
(b) Powers and duties of the council.--The council shall
have the following powers and duties:
(1) To review all county plans, including the initial
application forwarded by the agency for conformity to the
minimum standards.
(2) To review county plans to determine if equipment
conforms to the technical standards.
(3) To recommend approval of plans or indicate
deficiencies in plans to the agency.
(c) Powers and duties of the commission.--The commission
shall have the following powers and duties:
(1) Review the contribution rate requested by the county
based on the costs of the plan.
(2) Approve or modify the contribution rate requested by
the county and forward its decision to the agency.
(d) Exemption.--The Pennsylvania State Police
telecommunications facilities are exempt from the
telecommunications management of the agency, council and the
commission. ((d) added Dec. 30, 2003, P.L.384, No.56)
(3 amended Feb. 12, 1998, P.L.64, No.17)
Section 4. Counties.
(a) Powers and duties.--The board of county commissioners,
or, in a home rule county, the appropriate body according to the
home rule charter, shall have the following powers and duties in
relation to a 911 system and wireless E-911 system: (Intro. par.
amended Dec. 30, 2003, P.L.384, No.56)
(1) To designate a member of county government as a
county 911 coordinator who shall serve as a point of contact
with the agency and shall develop a county plan for the
implementation, operation and maintenance of a 911 system.
Where technologically feasible, the county plan shall be
adequate to provide service for the entire county.
(2) To make arrangements with each telephone company
providing local exchange telephone service within the
county's jurisdiction to provide 911 service.
(3) To send a copy of the proposed county plan to the
appropriate telephone company upon submission of the plan to
the agency.
(4) To cooperate with the agency, the council and the
commission in preparation and submission of the county plan
and contribution rate.
(5) To execute all contracts, mutual aid agreements,
cross-service agreements and all other necessary documents
which may be required in the implementation of the county
plan.
(6) To annually request from each telephone service
provider who shall provide a list of the provider's local
telephone exchanges within the county and the addresses of
that provider's central offices serving those exchanges.
(7) To notify the agency and all adjacent counties of
all local telephone exchanges which provide telephone service
to residents within the county, specifically noting any such
exchanges known to provide telephone service to residents of
more than one county. Such notice shall be provided at the
time the county plan is submitted to the agency and when
local telephone service is newly initiated for local
telephone exchange within the county.
(8) To cooperate with the Pennsylvania State Police.
Subject to subparagraphs (i) through (iii), a county that
utilizes ANI/ALI data base services shall, upon request of
the Commissioner of the Pennsylvania State Police or the
designee of the commissioner, provide authority to access all
ANI/ALI data base information relating to 911 calls for
emergency services, whether the data base is held by the
county or by a commercial entity.
(i) In order to ensure that no county or PSAP
experiences degradation of service or additional costs as
a result of complying with this subsection:
(A) the Pennsylvania State Police shall provide,
at its cost, any equipment, computer software or
telecommunications equipment or services, exclusive
of recurring personnel costs for county personnel,
that are necessary to enable its access to any
ANI/ALI data base information; and
(B) all such means of access must be approved by
the county, PSAP and the Pennsylvania State Police
before the county is required to authorize or provide
the access. In the event of a dispute between the
Pennsylvania State Police and a county or PSAP
regarding approval by the county and PSAP, the
dispute shall be mediated by the Office of
Information Technology of the Commonwealth's Office
of Administration. The Office of Information
Technology may bring in a Commonwealth mediator from
the Office of General Counsel to provide assistance
in resolving the dispute.
(ii) The ANI/ALI data base information to which
access is authorized or enabled under this paragraph or
section 4.1(a)(3) shall be used only in providing
emergency response services to a 911 call. A person who
uses or discloses such ANI/ALI data base information for
any other purpose commits a misdemeanor of the third
degree.
(iii) Nothing contained in this paragraph shall be
construed to impose on wireless providers any obligations
beyond those created by applicable Federal Communications
Commission orders and regulations. Public agencies,
counties, PSAPs and wireless providers shall not be
liable to any person for errors in any of the ANI/ALI
data base information which may be accessed by or
provided to the Pennsylvania State Police under this
paragraph.
((8) added Dec. 30, 2003, P.L.384, No.56)
(9) To comply with reporting requirements established by
the agency. ((9) added Dec. 30, 2003, P.L.384, No.56)
(b) Persons outside the county.--When an individual
physically resides in an adjacent county, but receives local
exchange telephone service from a central office in a county
which provides 911 service, it shall be the responsibility of
the county with the 911 service to notify the appropriate public
agency of a request for emergency service from such an
individual.
(c) Cities of the second class, second class A and third
class.--Any city of the second class, second class A or third
class that has established a 911 system prior to the effective
date of this act may exercise the powers and duties of counties
under this act. Any city of the second class, second class A or
third class that has not established a 911 system prior to the
effective date of this act may exercise the powers and duties of
counties under this act only when the county has chosen not to
exercise those powers and duties. The powers and duties granted
to cities under this section shall be applicable and may be
exercised only within the boundaries of the city. No action by a
city pursuant to this section shall preempt the powers and
duties of a county to establish a 911 system outside the
boundaries of the city at any time. The agency may establish
regulations governing the exercise of powers and duties granted
to cities of the second class, second class A and third class by
this section.
(4 amended Feb. 12, 1998, P.L.64, No.17)
Section 4.1. Pennsylvania State Police.
(a) Powers and duties.--The Commissioner of the Pennsylvania
State Police, or the designee of the commissioner, shall have
the following powers and duties in relation to a Pennsylvania
State Police telecommunications facility:
(1) To designate, with specificity, which Pennsylvania
State Police facilities shall be considered Pennsylvania
State Police telecommunications facilities under this act.
(2) To designate a commander of a Pennsylvania State
Police telecommunications facility who shall serve as the
point of contact with the agency and the counties and shall
oversee the implementation, operation and maintenance of a
Pennsylvania State Police telecommunications facility. A
Pennsylvania State Police facility shall, where
technologically feasible, be adequate to provide service to
the designated area of coverage.
(3) To request authority to access ANI/ALI data base
information relating to 911 calls for emergency services from
the counties and PSAPs within the designated area of coverage
of a Pennsylvania State Police telecommunications facility;
provided, that no county or PSAP shall be required to comply
with such a request unless it is made by the Commissioner of
the Pennsylvania State Police or the designee of the
commissioner pursuant to section 4(a)(8); and provided
further that section 4(a)(8) shall apply to any such request.
(4) To provide training and certification for all call-
takers/dispatchers and call-taker/dispatcher supervisors that
meets or exceeds the training and certification standards
that are provided for in 4 Pa. Code Ch. 120c (relating to
training and certification standards for 911 emergency
communications personnel) or any successor standard.
(b) Ineligible reimbursement.--The Pennsylvania State Police
are not eligible to receive any reimbursement from the moneys
collected from the contribution rate or wireless E-911
surcharge, nor may the Pennsylvania State Police impose a
monthly contribution rate upon the telephone subscribers on the
local exchange access line or any wireless E-911-related
surcharge upon wireless service customers.
(4.1 added Dec. 30, 2003, P.L.384, No.56)
Section 5. County plan.
(a) Minimum standards.--Upon the agreement of the governing
authority of a county to establish a 911 system, a plan shall be
drafted meeting at least the standards promulgated by the
agency. The county may obtain technical assistance from the
agency in formulating its plan. Each 911 plan shall be designed
to meet the individual circumstances of each community and the
public agencies participating in the 911 system.
(b) Completion.--Upon completion of the plan, it shall be
forwarded to the agency, with a copy of the plan being sent to
those telephone companies affected by the plan. At such time as
the plan is submitted to the agency, the county shall also
provide each adjacent county with a list of local telephone
exchanges included in the plan, specifically noting any such
exchanges known to provide telephone service to residents of
more than one county.
(c) Agency review.--The agency shall review each county plan
for completeness. The agency shall forward a copy of the county
plan and the proposed contribution rate to the council and the
commission for review as required by this section. After the
county plan has been reviewed by the council and the commission,
the agency shall approve or reject a county plan based on the
recommendations of the council and the commission. If the county
plan is rejected, the agency shall return the county plan and
explain the deficiencies that caused the rejection.
(d) Council review.--The council shall have 90 days to
review the plan and make suggested revisions of the plan. The
agency may act as agent for the council in the administration of
the plan approval process.
(e) Commission review.--The commission shall review the
county plan only in relation to the contribution rate and may
modify only those contribution rates which it finds excessive to
meet the costs stated in the plan. The rates shall be reviewed
and a decision forwarded to the agency within 90 days of the
date of submission. If the commission fails to review the
contribution rate within 90 days, the contribution rate will be
deemed approved by the commission.
(f) Present systems.--Those counties that presently have 911
systems may establish a contribution rate to cover nonrecurring
and operating costs of an existing 911 system by using the same
contribution rate approval mechanism as a new 911 system for the
purposes of this act. A county which does not have a 911 system
in operation on the effective date of this act but which awarded
a contract for such a system prior to the effective date of this
act shall be considered to have a present system.
(g) Regional systems.--Nothing in this act shall be
construed to prohibit the formation of multijurisdictional or
regional 911 systems, and any regional system established under
this act shall include the territory of two or more counties.
(h) Contribution rate changes.--Once a plan and contribution
rate has been established, the contribution rate shall remain
fixed for a period of at least three years. Updating and
expanding the present system shall require an amended plan to be
filed with the agency. The contribution rate shall remain fixed
for three years even if the present system is updated and
expanded. Requests for contribution rate changes shall be
submitted to the agency to be forwarded to the commission for
approval as provided by subsection (e). Contribution rate
increases shall not be permitted more often than every three
years and shall not take effect unless approved by the
commission.
(i) Assessment.--The moneys collected from the telephone
contribution rate shall be utilized for payments of nonrecurring
and recurring costs of a 911 system. The contribution rate may
be imposed at any time subsequent to the execution of a contract
with the provider of a 911 service at the discretion of the
governing body and pursuant to approval of the county plan and
contribution rate under the provisions of this section. The
money collected from the contribution rate is a county fee
collected by the telephone company; the money is not subject to
taxes or charges levied on or by the telephone company. The
money collected from the contribution rate shall not be
considered revenue of the telephone company for any purpose.
(5 amended Feb. 12, 1998, P.L.64, No.17)
Section 6. Special public meeting.
(a) Public comment.--Before any county may establish a
contribution rate for nonrecurring and recurring costs under
this act, it shall obtain public comment from the residents of
the county.
(b) Requirements.--The proposed contribution rate shall be
fixed by the county commissioners in the following manner:
(1) The county commissioners shall cause notices of
intention to fix the contribution rate at a special public
meeting on a date certain to be published in a newspaper of
general circulation at least 10 days in advance of the
special public meeting. The notice shall include the precise
amount of the proposed monthly contribution rate.
(2) The special public meeting shall be held during the
hours of 6:00 p.m. to 9:00 p.m., prevailing time, so as to
afford the public the greatest opportunity to attend.
(3) The special meeting shall be held in a centrally
located area of the county.
Section 7. Collection and disbursement of contribution.
(a) Subscribers' contribution.--Each service supplier
providing local exchange telephone service within the county
shall collect the contribution from each subscriber and forward
the collection quarterly less the actual uncollectibles
experienced by the local exchange telephone companies to the
county treasurer or, in a home rule county, the county official
responsible for the collection and disbursement of funds. The
amount of the subscribers' contribution shall be stated
separately in the telephone subscribers' billing. Each service
supplier shall retain the fair and reasonable cost to establish
the 911 contribution rate billing system and an amount not to
exceed 2% of the gross receipts collected to cover actual
administrative costs.
(b) Subscribers' contribution for multiple line systems.--In
the case of Centrex or similar multiple line system subscribers,
except PBX subscribers, the following multipliers shall be
applied to determine the contribution rate of each such
subscriber:
(1) For the first 25 lines, each line shall be billed
at the approved contribution rate.
(2) For lines 26 through 100, each line shall be billed
at 0.75 of the approved contribution rate.
(3) For lines 101 through 250, each line shall be
billed at 0.50 of the approved contribution rate.
(4) For lines 251 through 500, each line shall be
billed at 0.20 of the approved contribution rate.
(5) For lines 501 or more, each line shall be billed at
0.172 of the approved contribution rate.
(c) Restricted account.--The county treasurer or, in a home
rule county, the county official responsible for the collection
and disbursement of funds shall deposit the moneys received in
an interest-bearing restricted account used solely for the
purpose of nonrecurring and recurring charges billed for the 911
system and for the purpose of making payments under subsection
(d). The governing body of the county shall make an annual
appropriation from such account for the 911 system, subject to
the provisions of subsection (d), and may retain up to 1% of the
gross receipts collected to cover administrative costs. If the
911 system is discontinued or a county fails to implement a 911
system within three years from the imposition of a monthly
contribution rate, any money remaining in the restricted account
after all payments to the 911 service supplier have been made
shall be transferred to the general fund of the county or
proportionately to the general funds of each participating
public agency.
(d) Reimbursement to municipalities.--The county treasurer
shall, on a quarterly basis, pay from funds of the restricted
account to a municipality which operates a 911 system, a sum of
money not less than that contributed by the telephone
subscribers of that municipality to the county 911 system, less
the applicable service supplier administrative cost provided by
subsection (a) and the applicable county administrative cost
provided by subsection (c).
(e) Collection enforcement.--The local exchange telephone
company has no obligation to take any legal action to enforce
the collection of any charge imposed pursuant to this act. Such
action may be brought by or on behalf of the public agency
imposing the charge. The local exchange telephone company shall
annually provide, upon request of the governing body, a list of
the names and addresses of those service users which carry a
balance that can be determined by the telephone company to be
the nonpayment of any charge imposed pursuant to this act. The
local exchange telephone company is not liable for uncollectible
amounts.
(f) Prohibition against release of information.--Neither the
county treasurer, the agency, nor any employee, agent or
representative of a PSAP or public agency shall divulge any
information acquired with respect to any wire line telephone
service provider, its customers, revenues or expenses, trade
secrets, access line counts, commercial information and such
other proprietary information while acting or claiming to act as
such employee, agent or representative, and all such information
is hereby required to be kept confidential except that
aggregations of information which do not identify or effectively
identify numbers of customers, revenues or expenses, trade
secrets, access lines, commercial information and such other
proprietary information attributable to any individual wire line
telephone service provider may be made public. ((f) added July
9, 2008, P.L.948, No.72)
Section 8. Expenditures for nonrecurring costs, training,
mobile communications equipment, maintenance and
operation of 911 systems.
(a) Expenditures authorized.--During each county's fiscal
year, the county may expend the amounts distributed to it from
the contribution rate for the nonrecurring costs, training,
costs for mobile communications equipment, maintenance and
operation of a county 911 system.
(b) Items included in nonrecurring costs, training, mobile
communications equipment, maintenance and operation costs.--
Maintenance and operation costs may include telephone company
charges, equipment costs or equipment lease charges, repairs,
utilities, development and maintenance of a master street
address guide, erection of street signs on State and local
highways, data base maintenance costs, personnel training,
salary and benefit costs which are directly related to the
provision of 911 services and costs for mobile communications
equipment, audit costs and appropriate carryover costs from
previous years. Maintenance and operation costs shall not
include any cost necessary to house the 911 system. No more than
70% of the contribution rate collected during each county's
fiscal year may be utilized to fund personnel training, salary
and benefit costs.
(c) Limitations on expenditures.--The agency shall adopt
procedures to assure that the total amount collected from the
911 contribution rate shall be expended only for the
nonrecurring costs, costs for mobile communications equipment,
maintenance and operation of a county 911 system. Nonrecurring
costs shall be amortized over a minimum of three years.
(d) Triennial financial audit.--The agency shall require a
triennial audit of each county's collection and disbursement of
contribution rate funds and expenditures for the nonrecurring
costs, training, costs for mobile communications equipment,
maintenance and operation of 911 systems. The triennial audit
cost shall be paid by the respective county from contribution
rate revenues. The audit shall be consistent with guidelines
established by the agency.
(e) Public education.--Each county may use moneys received
from the imposition of the contribution rate to educate the
public on the 911 system. Education may include, but is not
limited to, confirming with all residents of the county their
actual street addresses.
(8 amended Feb. 12, 1998, P.L.64, No.17)
Section 9. Telephone records.
(a) Access.--Each telephone service supplier shall provide
customer telephone numbers, names and service addresses to PSAPs
when requested by them for use in responding to 911 calls and,
when required, to providers of emergency notification services
and emergency support services, solely for the purposes of
delivering or assisting in the delivery of emergency
notification services and emergency support services. Each
wireless provider shall provide the telephone number and
geographical location of the wireless device, as required
pursuant to the FCC E-911 Order, to PSAPs when requested by them
for use in responding to 911 calls. Although customer telephone
numbers, names and service addresses shall be available to
PSAPs, providers of emergency notification services and
providers of emergency support services, and the telephone
numbers and geographical locations of wireless devices shall be
available to PSAPs, such information shall remain the property
of the disclosing service supplier. The total cost of the 911
system or wireless E-911 system shall include expenses to
reimburse telephone service suppliers for providing and
maintaining 911 information; provided, however, that nothing in
this section shall permit a telephone service supplier to be
reimbursed directly from the fund for providing and maintaining
911 information. This information shall be used only in
providing emergency response services to a 911 call or for
purposes of delivering or assisting in the delivery of emergency
notification services or emergency support services, except as
provided in subsection (c). A person who uses or discloses
ANI/ALI data base information for purposes other than providing
emergency response services to a 911 call, delivering or
assisting in the delivery of emergency notification services or
emergency support services or other than as provided in
subsection (c) commits a misdemeanor of the third degree.
(b) Privacy waived.--Private listing service customers in a
911 service district shall waive the privacy afforded by
nonlisted and nonpublished numbers with respect to the delivery
of emergency services.
(c) Immunity.--No telephone company, wireless provider or
vendor or agent, employee or director of a telephone company,
wireless provider or vendor that provides information to PSAPs,
providers of emergency notification services or providers of
emergency support services shall be liable to any person who
directly or indirectly uses the 911 emergency service or
wireless E-911 emergency service established under this act or
provides information to 911 systems or wireless E-911 systems
with respect to the delivery of emergency services:
(1) for release to PSAPs, providers of emergency
notification services or providers of emergency support
services of information specified in this section, including
nonpublished telephone numbers;
(2) for release to the commission, the Federal
Communications Commission or any other Federal or
Commonwealth agency with the authority to regulate the
provision of telecommunications services, of telephone
company information specified in this section that is not
already part of public records, including, where applicable,
information regarding numbers of lines served by an
individual company but excluding nonpublic information
regarding the company's individual customer names, addresses
and telephone numbers; or
(3) for interruptions, omissions, defects, errors,
mistakes or delays in transmission occurring in the course of
the delivery of emergency services or wireless E-911 service
under this act, unless such interruptions, omissions,
defects, errors, mistakes or delays are caused by the willful
or wanton misconduct of the telephone company, wireless
provider or vendor, their agents, employees or directors;
provided, however, that nothing herein shall preclude the
application of any commission tariff or regulation within its
jurisdiction pertaining to allowances for telephone service
interruptions.
(9 amended Dec. 30, 2003, P.L.384, No.56)
Section 10. Penalty.
Any person who intentionally calls the 911 emergency number
for other than emergency purposes commits a misdemeanor of the
third degree.
Section 11. Rules and regulations. (11 deleted by amendment
Feb. 12, 1998, P.L.64, No.17)
Section 11.1. Immunity.
All 911 systems and wireless E-911 systems run by county and
local governments shall be local agencies who shall enjoy local
governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch.
C (relating to actions against local parties).
(11.1 amended Dec. 30, 2003, P.L.384, No.56)
Section 11.2. Powers and duties of agency.
(a) Administration.--The agency shall have the following
powers and duties in relation to a wireless E-911 system:
(1) To designate at least one employee of the agency who
shall serve as a point of contact at the agency for all
matters involving wireless E-911 systems in this
Commonwealth.
(2) To oversee the development, implementation,
operation and maintenance of a Statewide integrated wireless
E-911 system, formulate technical standards and determine
permitted uses of and amounts disbursed from the Wireless E-
911 Emergency Services Fund established in section 11.4(a),
including the costs of PSAPs and wireless providers that are
eligible for payment from the fund; and
(3) to approve each county's county plan, or amendment
to its agency-approved county plan, incorporating wireless E-
911 service capabilities as may be submitted by the county to
the agency.
(b) Wireless E-911 State plan.--The agency shall prepare,
maintain and keep current, after adequate public notice and
opportunity to comment and after consideration of the
recommendations of the wireless subcommittee of the advisory
committee, a wireless E-911 State plan providing for all aspects
of the development, implementation, operation and maintenance of
a Statewide integrated wireless E-911 system in accordance with
the FCC E-911 Order. Pursuant to such plan, the agency shall:
(1) Establish model agreements for mutual aid
agreements, cross-service agreements, service contracts and
all other documents by and among public agencies, PSAPs and
wireless providers that may be required in the implementation
of the wireless E-911 State plan, review such agreements and
documents for consistency with the applicable county plan and
assist the parties in assuring their execution.
(2) Require each wireless provider to notify the agency
of each county in which it is licensed on the effective date
of this section and provides wireless service and, at the
time new service is initiated, each county in which it is
licensed and initiates wireless service; and to notify
counties of wireless service within each county, specifically
noting wireless service to more than one county. In the event
of disputes among PSAPs regarding the PSAP to which a
wireless provider routes 911 calls, the routing shall be
determined by the agency.
(3) Establish uniform Statewide standards for the format
and content of wireless automatic location information and
wireless automatic number identification, which standards
shall be the standards adopted by the National Emergency
Number Association, as from time to time amended by that
organization. Wireless providers will use the applicable
National Emergency Number Association data transmission
format standards to deliver such data to the wireless E-911
system.
(4) Forward a copy of the completed plan and any
revision thereof to all affected counties, PSAPs, wireless
providers, local exchange carriers, competitive local
exchange carriers and interexchange carriers.
(5) Require each wireless provider to provide the agency
with a 24-hour, seven-days-a-week contact telephone number or
pager number for use by PSAPs in emergency situations.
(11.2 added Dec. 30, 2003, P.L.384, No.56)
Section 11.3. Advisory committees.
(a) Establishment of an E-911 Emergency Services Advisory
Committee.--There is hereby established an advisory committee to
be known as the E-911 Emergency Services Advisory Committee.
(b) Members.--The advisory committee shall be comprised of
the following persons:
(1) The director of the agency or his designee, who
shall act as chairperson.
(2) Two county commissioners.
(3) Four county 911 program managers.
(4) Four wireless providers licensed by the Federal
Communications Commission.
(5) Two landline telephone service provider
representatives.
(6) Two representatives each from fire services,
emergency medical services and police.
(7) The chairman and minority chairman of the
Communications and Technology Committee of the Senate and the
chairman and minority chairman of the Veterans Affairs and
Emergency Preparedness Committee of the House of
Representatives, or their designees.
The Governor, upon recommendation of the applicable Statewide
organizations, associations and industry segments, shall appoint
the committee members, who will each serve a two-year term.
Advisory committee membership shall be limited to one
representative per organization or corporate entity.
(c) Roles and responsibilities.--The advisory committee
shall make recommendations to the agency regarding the
formulation of technical, administrative and operational
standards for use in overseeing 911 programs Statewide.
(d) Reimbursement.--The members of the advisory committee
shall serve without compensation but shall be reimbursed for
their actual and necessary travel and other expenses in
connection with attendance at meetings called by the
chairperson.
(e) Advisory committee subcommittees.--The chairperson may
create, within the committee membership, subcommittees to study
and address specific technical and program areas:
(1) A wireless subcommittee shall be created as a
permanent subcommittee and shall consist of the following
persons:
(i) The advisory committee chairperson.
(ii) Two county commissioners.
(iii) Four county 911 program managers.
(iv) Four representatives of wireless providers
licensed by the Federal Communications Commission.
(v) Two landline telephone service provider
representatives.
(2) Wireless subcommittee roles and responsibilities:
(i) To advise the agency regarding the development,
implementation, operation and maintenance of a Statewide
integrated wireless E-911 system.
(ii) To make recommendations to the agency regarding
the preparation and periodic revision of a wireless E-911
State plan providing for the development, implementation,
operation and maintenance of a Statewide integrated
wireless E-911 system in accordance with the FCC E-911
Order.
(iii) To make recommendations to the agency
regarding the approval or disapproval of wireless
provider service agreements and the formulation of
technical standards.
(iv) To make recommendations to the agency regarding
the development of guidelines, rules and regulations
required to address the administration of the Statewide
E-911 wireless plan and the disbursement of moneys from
the Wireless E-911 Emergency Services Fund.
(v) To make recommendations to the agency regarding
the development of the annual report required of the
agency by this act, including, but not limited to,
recommendations concerning adjustments of the wireless E-
911 surcharge.
(11.3 added Dec. 30, 2003, P.L.384, No.56)
Section 11.4. Wireless E-911 Emergency Services Fund.
(a) Establishment of fund.--There is hereby established in
the State Treasury a nonlapsing restricted interest-bearing
account to be known as the Wireless E-911 Emergency Services
Fund. The fund shall consist of the fees collected under
subsection (b), funds appropriated by the General Assembly and
of funds from any other source, private or public. Moneys in the
fund and the interest it accrues is hereby appropriated to the
Pennsylvania Emergency Management Agency to be disbursed by the
agency. The moneys in the fund shall be used only for the
following costs:
(1) PSAP and wireless provider costs resulting from
compliance with the FCC E-911 Order, including development,
implementation and testing, operation and maintenance of a
Statewide integrated wireless E-911 system. Costs paid from
the fund must be eligible recurring or nonrecurring costs as
determined by the agency in accordance with sections 11.2(a)
and 11.5 for wireless E-911 service provided in accordance
with the FCC E-911 Order or a county plan or amended county
plan approved by the agency.
(2) The agency-approved costs of PSAPs specified in
section 8(b) that relate directly or indirectly to the
provision of wireless E-911 service, to the extent:
(i) the costs are not included in the costs paid
under section 11.4(a)(1) and the approved E-911 costs
provided in section 11.4(a)(1) have been reimbursed; and
(ii) the costs do not exceed the percentage of the
actual ratio of demonstrated wireless calls to
demonstrated total emergency call volume times the amount
of money in the fund, and further:
(A) the amount of the costs that may be
reimbursed is limited to 25% of the fund if a
majority of wireless providers serving the geographic
area covered by the PSAP have been tested and
accepted by the PSAP for wireless E-911 Phase I
service;
(B) the amount of the costs that may be
reimbursed is limited to 50% of the fund if all of
the wireless providers serving the geographic area
covered by the PSAP have been tested and accepted by
the PSAP for wireless E-911 Phase I service;
(C) the amount of the costs that may be
reimbursed is limited to 75% of the fund if a
majority of wireless providers serving the geographic
area covered by the PSAP have been tested and
accepted by the PSAP for wireless E-911 Phase II
service; and
(D) the amount of the costs that may be
reimbursed is limited to 100% of the fund if all of
the wireless providers serving the geographic area
covered by the PSAP have been tested and accepted by
the PSAP for wireless E-911 Phase II service.
In the event that, pursuant to an FCC E-911 waiver, a wireless
provider is temporarily relieved of its obligation to provide
wireless E-911 Phase II service in the geographic area covered
by a requesting PSAP, such wireless carrier shall be disregarded
in the determinations to be made pursuant to subparagraphs (iii)
and (iv) until such time as the wireless carrier's obligation to
provide wireless E-911 Phase II service again becomes effective.
(b) Wireless E-911 surcharge.--Each wireless service
customer shall pay a fee, to be known as a wireless E-911
surcharge, in an amount of $1 per month for each device that
provides wireless service for which that customer is billed by a
wireless provider for wireless service or receives prepaid
wireless telephone service from a wireless provider. Such fee
shall be collected apart from and in addition to any fee levied
by the wireless provider in whole or in part for the provision
of 911 services.
(1) Wireless providers shall collect the fee on behalf
of the agency as part of their billing process and shall have
no obligation to take any legal action to enforce the
collection of the surcharge. Such action may be brought by or
on behalf of the agency. Annually, upon written request of
the agency, each wireless provider shall provide a list of
the names and addresses of those wireless service customers
carrying a balance that have failed to pay the wireless E-911
surcharge. The wireless provider shall not be liable for such
unpaid amounts.
(2) If a wireless provider receives a partial payment
for a monthly bill from a wireless service customer, the
wireless provider shall apply the payment against the amount
the wireless service customer owes the wireless provider
first and shall remit to the State Treasurer such lesser
amount, if any, as shall result therefrom.
(3) The fees collected under this subsection shall not
be subject to taxes or charges levied by the Commonwealth or
any political subdivision of this Commonwealth, nor shall
such fees be considered revenue of the wireless provider for
any purpose.
(4) In the case of prepaid wireless telephone service,
the monthly wireless 911 surcharge imposed by this section
shall be remitted based upon each prepaid wireless account in
any manner consistent with the provider's existing operating
or technological abilities, such as customer address,
location associated with the MTN, or reasonable allocation
method based upon other comparable relevant data and
associated with Pennsylvania, for each wireless customer with
an active prepaid wireless account and has a sufficient
positive balance as of the last day of each month, if such
information is available.
(c) Remittance of fees.--On a quarterly basis, each wireless
provider shall remit the fees collected under subsection (b) to
the State Treasurer for deposit into the fund.
(d) Reimbursement of wireless provider and PSAP costs.--
(1) From every such remittance, the wireless provider
shall be entitled to deduct and retain an amount not to
exceed 2% of the gross receipts collected as reimbursement
for the administrative costs incurred by the wireless
provider to bill, collect and remit the surcharge.
(2) Wireless providers and PSAPs shall be entitled to
payment from the fund, in the manner provided in section
11.5(c), for the following costs:
(i) Recurring costs approved by the agency pursuant
to agency rules associated with the development,
implementation, operation and maintenance of wireless E-
911 service in the geographic area served by the
requesting PSAP; and
(ii) Nonrecurring costs approved by the agency
pursuant to agency rules associated with the development,
implementation, operation and maintenance of wireless E-
911 service in the geographic area served by the
requesting PSAP.
(3) In no event shall any costs be paid that are not
related to a wireless provider's or PSAP's compliance with
requirements established by the wireless E-911 State plan,
the FCC E-911 Order or the wireless E-911 provisions of an
agency-approved county plan or amended county plan.
(4) Costs incurred by a PSAP or wireless provider for
wireless E-911 service shall be paid by the agency provided
that the costs comply with the requirements of this section
and section 11.5, were incurred after January 1, 1998, and
are determined by the agency, after application in accordance
with section 11.5(c), to be eligible for payment from the
fund. Any such costs that the agency determines to be
eligible shall be paid as provided in section 11.5. ((4)
amended Nov. 29, 2004, P.L.1382, No.179)
(5) Nothing in this act shall prevent a wireless
provider from recovering its costs of implementing and
maintaining wireless E-911 service directly from its
customers, whether itemized on the customer's bill or by any
other lawful method. No wireless provider that levies such a
separate fee for provision of E-911 wireless service in the
geographic area served by the requesting PSAP may receive a
reimbursement for the same costs.
(e) Reporting by wireless providers.--With each remittance a
wireless provider shall supply the following information to the
State Treasurer and to the agency:
(1) The total fees collected through the wireless E-911
surcharge from its wireless service customers during the
reporting period.
(2) The total amount retained by it as reimbursement for
administrative costs to cover its expenses of billing,
collecting and remitting the fees collected from the wireless
E-911 surcharge during the reporting period.
(3) Until all nonrecurring costs have been recovered by
a wireless provider, the total amount it has been reimbursed
by the agency for nonrecurring costs associated with the
development, implementation, operation and maintenance of
wireless E-911 service during the reporting period.
(f) Information to be supplied by wireless providers.--All
wireless providers shall provide the agency with such
information as it shall request in writing in order to discharge
its obligations under this section, including, but not limited
to, the collection and deposit of the wireless E-911 surcharge
and its administration of the fund. Information supplied by
wireless providers pursuant to this section shall remain
confidential, and release of such information shall be governed
by section 11.7.
(g) Prohibition.--No part of the fund, including any excess
amount under section 11.6(a), shall be used for any purpose
unless expressly authorized by this act.
(h) Surcharge sunset.--The wireless E-911 surcharge fee
established in subsection (b) shall terminate on June 30, 2014,
unless extended by an act of the General Assembly. ((h) amended
June 29, 2009, P.L.45, No.6)
(11.4 added Dec. 30, 2003, P.L.384, No.56)
Compiler's Note: Section 8 of Act 56 of 2004, which added
section 11.4, provided that the wireless E-911 subscriber
surcharge provided in section 11.4 shall take effect with
the first monthly billing cycle of a wireless provider
occurring 90 days after the effective date of Act 56.
Section 11.5. Disbursement of fund amounts by agency.
(a) Expenditures for wireless E-911 systems.--During each
fiscal year the agency may, only in furtherance of the Wireless
E-911 State plan, disburse moneys from the Wireless E-911
Emergency Services Fund to PSAPs with agency-approved county
plans or amended county plans and wireless providers for the
following purposes:
(1) To pay the costs of PSAPs and wireless providers
provided for in section 11.4(a)(1) and (d)(2) and the costs
of PSAPs provided for in section 11.4(a)(2).
(2) To train emergency service personnel regarding
receipt and use of wireless E-911 service information.
(3) To educate consumers regarding the operations,
limitations, role and responsible use of wireless E-911
service.
(b) Limitations on use of fund amounts by PSAPs.--No PSAP
shall receive a disbursement from the fund for any cost
necessary to house the wireless E-911 system or for the purchase
of real estate, cosmetic remodeling, ambulances, fire engines or
other emergency vehicles, utilities, taxes and other expenses as
determined by the agency. No more than 70% of the disbursements
which a PSAP receives from the fund during the agency's fiscal
year may be utilized to fund personnel training, salary and
benefit costs.
(c) Manner of payment.--Each PSAP and wireless provider
shall submit to the agency each year, not later than 120 days
before the first day of the agency's fiscal year, the eligible
costs it expects to incur for wireless E-911 service during the
next fiscal year of the agency. The submission may include
eligible costs that the PSAP or wireless provider has already
incurred for wireless E-911 service at the time of the
submission. The agency shall review the submission, ensure that
the costs are eligible for payment from the fund and notify the
submitting PSAP or wireless provider, not later than 30 days
before the first day of the agency's fiscal year, of the
eligible costs. The agency shall pay to each PSAP and wireless
provider, from the fund, the amount of the submitted costs the
agency determined to be eligible, whether or not the costs have
been incurred at or before the time of payment and whether or
not the costs, if already incurred, were incurred prior to the
effective date of this section. Payment shall be made in four
equal payments during the first month of each quarter of the
agency's fiscal year as follows:
(1) The agency shall first pay the costs approved for
each PSAP that are payable in the quarter.
(2) Following the payment of approved costs to a PSAP
for Phase I deployment of wireless E-911 service, as set
forth in the FCC E-911 Order, but only after the PSAP has
issued its request to wireless providers to furnish Phase I
wireless E-911 service pursuant to the FCC E-911 Order, the
agency shall pay the approved costs of wireless providers
that are payable in the quarter to provide the requested
wireless E-911 service to that PSAP.
(3) Following the payment of approved costs to a PSAP
for Phase II deployment of wireless E-911 service, as set
forth in the FCC E-911 Order, but only after the PSAP has
issued its request to wireless providers to furnish Phase II
wireless E-911 service pursuant to the FCC E-911 Order, the
agency shall pay the approved costs of wireless providers
that are payable in the quarter to provide the requested
wireless E-911 service to that PSAP.
(4) In any quarter of the agency's fiscal year, all
costs specified in section 11.4(a)(1) that are approved by
the agency for payment to PSAPs or wireless providers shall
be paid before any other costs payable pursuant to this
chapter are paid to any PSAP or wireless provider. In the
first quarter of the agency's fiscal year, the agency shall
determine whether payments to PSAPs and wireless providers
during the preceding fiscal year exceeded or were less than
the eligible costs incurred by each PSAP and wireless
provider submitting costs during the fiscal year. Each PSAP
and wireless provider shall provide verification of such
costs as required by the agency. Any overpayment shall be
refunded to the agency or, with the agency's approval, may be
used to pay agency-approved costs the PSAP or wireless
provider submitted for the current fiscal year of the agency.
The amount of any underpayment will be paid to the PSAP or
wireless provider in accordance with this subsection and
subsection (d) within the current fiscal year. The agency
shall reconsider a determination of eligible costs pursuant
to this subsection upon request by a submitting PSAP or
wireless provider and shall provide a procedure for such
reconsideration.
(d) Pro rata sharing of fund amounts.--
(1) If the total amount of money in the fund in any
quarter is insufficient to pay for both agency-approved PSAP
costs and agency-approved wireless provider costs which are
payable in the quarter under subsection (c) for both Phase I
deployment and Phase II deployment of wireless E-911 service,
as set forth in the FCC E-911 Order, then payments from the
fund for that quarter shall be made as follows:
(i) The agency-approved Phase I deployment costs of
a PSAP and those wireless providers to which the PSAP has
issued its request for Phase I wireless E-911 service
shall be paid before any agency-approved costs for Phase
II deployment are paid.
(ii) If, notwithstanding subparagraph (i), the total
amount of moneys in the fund in the quarter is
insufficient to pay all Phase I deployment costs of both
PSAPs and wireless providers which are payable in the
quarter, then each requesting PSAP and each requesting
wireless provider shall receive, for payment of Phase I
deployment costs, a pro rata share of the total amount of
moneys in the fund in the quarter.
(iii) If the total amount of moneys in the fund in
the quarter is insufficient to pay all agency-approved
Phase II deployment costs of both PSAPs and wireless
providers which are payable in the quarter, then each
requesting PSAP and each requesting wireless provider
shall receive, for payment of Phase II deployment costs,
a pro rata share of the total moneys in the fund which
are available in the quarter for payment of Phase II
deployment costs.
(2) For any PSAP or wireless provider, pro rata shares
shall be computed based upon the total dollar amount of money
available in the fund for payment of Phase I or Phase II
deployment costs, whichever is applicable, multiplied by the
ratio of:
(i) the total dollar amount of agency-approved but
unpaid costs of that PSAP or wireless provider for Phase
I or Phase II deployment, whichever is applicable; to
(ii) the total dollar amount of all agency-approved
but unpaid costs.
(3) Any remaining unpaid agency-approved PSAP costs or
wireless provider costs shall be carried forward for payment
during the next fiscal quarter. Such carryforward process
shall continue each fiscal quarter until all agency-approved
PSAP costs and wireless provider costs have been paid. Pro
rata and other payments under this subsection, including, but
not limited to, payments of costs which are carried forward
for payment in subsequent fiscal quarters, shall also be
subject to all provisions and requirements of subsection (c)
except for subsection (c)(1).
(e) Triennial financial audit.--The agency shall require a
triennial financial audit of each PSAP's use of the
disbursements it has received from the fund and of a wireless
provider's collection, deduction, retention, remittance and use
of the amounts collected by the wireless provider under the
wireless E-911 surcharge or the disbursements it received from
the fund. These triennial financial audits shall be consistent
with guidelines established by the agency, and the cost of each
audit shall be paid from the fund.
(11.5 added Dec. 30, 2003, P.L.384, No.56)
Section 11.6. Reporting.
(a) Annual report by agency.--Not later than March 1 of each
year, the agency, after consideration of the recommendations of
the advisory committee, shall submit an annual report, which may
be combined with that required by section 3(a)(5), to the
Governor and the General Assembly. Subject to the provisions of
section 11.7(b), the report shall include at least the
following:
(1) The extent to which wireless E-911 systems currently
exist in this Commonwealth.
(2) Those PSAPs which completed installation of wireless
E-911 systems pursuant to the wireless E-911 State plan and
the costs and expenses for installation.
(3) An itemization by PSAP or wireless provider, project
and description and expenditure for each Wireless E-911
Emergency Services Fund disbursement made in the fiscal year
just concluded. The itemization shall include an explanation
of how each project contributed to the fulfillment of the
existing wireless E-911 State plan.
(4) The planned expenditures for the next fiscal year
for installation of wireless E-911 systems pursuant to the
wireless E-911 State plan.
(5) The total aggregate fees collected from all wireless
providers in the fiscal year just concluded based upon the
reports of such providers submitted under section 11.4(e) and
any other funds received by the fund.
(6) The amount of any unexpended funds carried forward
in the fund.
(7) The amount of any remaining unpaid agency-approved
PSAP costs or wireless provider costs being carried forward
for payment during the next fiscal quarter.
(8) Any advances in a wireless provider's system
technology or expansion of its customer service area which
further the goal of providing access to a wireless E-911
system regardless of the customer's geographic location on
any interstate highway in this Commonwealth.
(b) Study of wireless E-911 emergency services
implementation and operation.--The agency, after consideration
of the recommendations of the advisory committee, shall report
to the Governor and the General Assembly no less than
triennially its recommendations concerning wireless E-911
implementation and operation, including, but not limited to,
necessary or required actions which must be undertaken in
response to the Federal Communication Commission's directive in
the FCC E-911 Order. The report shall recommend measures to be
taken by the General Assembly.
(11.6 added Dec. 30, 2003, P.L.284, No.56)
Section 11.7. Public disclosure and confidentiality of
information.
(a) Annual report of the agency.--The annual report of the
agency shall be a public document.
(b) Prohibition against release of information.--Neither the
State Treasurer, the agency, nor any employee, agent or
representative of a PSAP or public agency shall divulge any
information acquired with respect to any wireless provider or
VoIP provider, its customers, revenues or expenses, trade
secrets, commercial information and such other proprietary
information while acting or claiming to act as such employee,
agent or representative, and all such information is hereby
required to be kept confidential except that aggregations of
information which do not identify or effectively identify
numbers of customers, revenues or expenses, trade secrets,
commercial information and such other proprietary information
attributable to any individual wireless provider or VoIP
provider may be made public.
(11.7 amended July 9, 2008, P.L.948, No.72)
Section 11.8. Wireless provider and VoIP provider records.
(a) Access.--Upon request from and pursuant to agreement
with a PSAP, each wireless provider shall provide E-911 service
data base information and each VoIP provider shall provide VoIP
service data base information or automatic location information
as permitted under the law to the requesting PSAP. Such
information shall remain the property of the disclosing wireless
provider or VoIP provider and, except as otherwise provided by
applicable Federal or State law, shall be used by the PSAP only
in connection with providing emergency response services to a
call to a 911 system or to a wireless E-911 system.
(b) Violations.--A person commits a misdemeanor of the third
degree who:
(1) Uses or discloses wireless E-911 service data base
information or VoIP service data base information for
purposes other than handling a call to a 911 system or to a
wireless E-911 system without the consent of the wireless
service customer or VoIP service customer, or as otherwise
provided by applicable Federal or State law.
(2) Knowingly uses the telephone number of a 911 system,
wireless E-911 system or VoIP service data base information
to avoid any charges for the services of a local exchange
carrier, competitive local exchange carrier, interexchange
carrier, wireless provider or VoIP provider.
(c) Privacy waived.--The provisions of 66 Pa.C.S. § 2906
(relating to dissemination of telephone numbers and other
identifying information) shall have no application to wireless
providers or VoIP providers to the extent they are engaged in
providing wireless E-911 service, 911 service or related
services.
(11.8 amended July 9, 2008, P.L.948, No.72)
Section 11.9. Immunity.
(a) Generally.--No wireless provider or VoIP provider or its
officers, directors, employees, agents or vendors shall be
liable to any person for civil damages resulting from or caused
by such provider's, its officers', directors', employees',
agents' or suppliers' participation in or acts, failure or
omissions in connection with that participation in the
development, design, installation, operation, maintenance,
performance or provision of wireless E-911 service or 911
service, except for willful or wanton misconduct.
(b) Parity of liability.--A wireless provider or VoIP
provider shall have the same immunity from liability for
transmission errors or failures, network outages or other
technical problems that arise in the course of handling
emergency calls or providing emergency services, including
wireless E-911 service, as a local exchange carrier enjoys in
the course of handling such calls or providing such services.
(c) Release of information.--No wireless provider or VoIP
provider or its employees or agents shall be liable to any
person for releasing wireless service customer information or
VoIP service customer information to the agency or to any 911
system or wireless E-911 system, public agency or PSAP as
required by this act or any law.
(11.9 amended July 9, 2008, P.L.948, No.72)
Section 11.10. Agency funding for wireless E-911 support.
The agency is authorized to retain up to 2% of the annual
wireless E-911 surcharge proceeds to pay for agency expenses
directly related to administering the wireless E-911 provisions
of this act. This will include, but will not be limited to,
personnel, travel, administrative, financial auditing and
printing costs.
(11.10 added Dec. 30, 2003, P.L.384, No.56)
Section 11.11. Rate regulation.
Nothing in this act shall be construed to constitute the
regulation of the rates charged by wireless providers for any
service or feature which they provide to their wireless service
customers or to prohibit a wireless provider from charging a
wireless service customer for any service or feature provided to
such customer.
(11.11 added Dec. 30, 2003, P.L.384, No.56)
Section 11.12. Rules and regulations.
The council shall have the power and authority to issue
guidelines and to promulgate, adopt, publish, use and enforce
rules and regulations for the implementation of this act and
shall, within one year of the effective date of this act, after
consideration of the recommendations of the advisory committee,
promulgate such guidelines and rules and regulations as may be
necessary to implement this act. Guidelines and rules and
regulations proposed under the authority of this section shall
be subject to review by the General Counsel and the Attorney
General in the manner provided for the review of proposed rules
and regulations pursuant to the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys Act, and
the act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act.
(11.12 added Dec. 30, 2003, P.L.284, No.56)
Section 11.13. Enforcement of provisions of act.
In addition to any powers expressly enumerated in this act,
the agency shall have full power and authority, and it shall be
its duty to enforce, execute and carry out, by its rules and
regulations or otherwise, all and singular, the provisions of
this act, and the agency may institute injunction, mandamus or
other appropriate legal proceedings to enforce the provisions of
this act and regulations promulgated under it.
(11.13 added Dec. 30, 2003, P.L.384, No.56)
Section 11.14. Collection and disbursement of VoIP 911 fee.
(a) VoIP service customer 911 contribution.--
(1) Each VoIP provider or telecommunications carrier, on
the first monthly billing cycle after the effective date of
this section, shall collect a $1 fee per month for each
telephone number or successor dialing protocol assigned by a
VoIP provider to a VoIP service customer number that has
outbound calling capability and remit the collection
quarterly or, at the option of the provider or
telecommunications carrier, monthly, less the actual
uncollectibles experienced by the VoIP provider to the county
treasurer or, in a home rule county, the county official
responsible for the collection and disbursement of funds or,
as provided in subsection (d), to the State Treasurer. This
fee shall be stated separately in the VoIP service customer's
paper or electronic billing and the fee shall be collected
apart from and in addition to any fee levied by the VoIP
provider in whole or in part for the provision of 911
services or E-911 services.
(2) In the case of VoIP service customers purchasing
multiple dial tone telephone access lines from a VoIP
provider, the following multipliers shall be applied to
determine the contribution rate of each customer:
(i) For the first 25 lines, each line shall be
billed at the approved contribution rate.
(ii) For lines 26 through 100, each line shall be
billed at 0.75 of the approved contribution rate.
(iii) For lines 101 through 250, each line shall be
billed at 0.50 of the approved contribution rate.
(iv) For lines 251 through 500, each line shall be
billed at 0.20 of the approved contribution rate.
(v) For lines 501 or more, each line shall be billed
at 0.172 of the approved contribution rate.
(3) If a VoIP provider receives a partial payment for a
monthly bill from a VoIP service customer, the VoIP provider
may apply the payment against the amount the VoIP service
customer owes the VoIP provider first and then shall remit to
the county or the State Treasurer the lesser amount, if any,
as shall result therefrom.
(4) The fees collected and remitted under this
subsection shall not be subject to taxes or charges levied by
the Commonwealth or any political subdivision of this
Commonwealth, nor shall the fees be considered revenue of the
VoIP provider for any purpose.
(5) As reimbursement for administrative costs to cover
its expenses of billing, collecting and remitting the fees
during the reporting period, the VoIP provider is allowed to
retain for reimbursement up to 2% of the total fees collected
under this subsection, if remitted to the county, or up to 1%
of the total fees collected if remitted to the State
Treasurer.
(6) To the extent that a VoIP provider obtains
connections to the public switched telephone network from a
telecommunications carrier, that telecommunications carrier
shall not be required to assess or make contributions to any
911 or E-911 fund in connection with the customers or the
telephone numbers for which the VoIP provider is responsible
for collecting and making contributions under this section.
If, however, the telecommunications carrier is, by agreement
with the VoIP provider, required to make 911 or E-911
contributions on behalf of the VoIP provider customer, the
VoIP provider will not be responsible for collecting and
making contributions under this section.
(b) Reporting by VoIP providers.--With each remittance, a
VoIP provider and telecommunications carrier shall supply the
following information to the county treasurer or, in a home rule
county, the county official responsible for the collection and
disbursement of funds or, as applicable under subsection (d), to
the State Treasurer and to the agency:
(1) The total fees collected under subsection (a)(1)
from its VoIP service customers during the reporting period.
If the telecommunications carrier has remitted the fees to
the county or the agency pursuant to an agreement with the
VoIP provider, the VoIP provider must provide notification of
such reporting agreement along with the telecommunications
carrier's name and 911 or E-911 account number.
(2) All VoIP providers and telecommunications carriers
shall provide the county or, if remitting to the State
Treasurer, the agency with such information as it shall
request, including the primary place of use of each
interconnected VoIP service customer, in writing in order to
discharge its obligations under this section, including, but
not limited to, the collection and deposit of the VoIP fee
and its administration of the fund. Information supplied by
VoIP providers pursuant to this section shall remain
confidential and release of such information shall be
governed by section 11.7.
(c) Collection enforcement.--A VoIP provider has no
obligation to take any legal action to enforce the collection of
any fee imposed pursuant to this section.
(d) Remittance of fees.--Remittance of fees shall be to the
county treasurer or, in a home rule county, the county official
responsible for the collection and disbursement of funds, who
shall deposit receipts into the Restricted Account established
under section 7(c). Remittance to counties shall consist of the
fees collected from VoIP service customers located in that
county, less any reductions or administrative fees permitted by
this section. The VoIP provider may instead, at its option,
remit the fees to the State Treasurer for deposit and
distribution as provided under subsections (e) and (f).
Elections shall be by rules established by the agency, which
shall include appropriate notification to the affected counties
of the exercise of this option.
(e) Establishment of fund.--There is hereby established in
the State Treasury a nonlapsing restricted interest-bearing
account to be known as the VoIP 911 Emergency Services Fund. The
fund shall consist of the fees remitted to the State Treasurer
pursuant to this section.
(f) Distribution of fees.--Moneys in the fund established by
subsection (e) and the interest it accrues are hereby
appropriated on a continuing basis to the agency to be disbursed
by the agency. The agency shall make quarterly disbursements
from the account to each county by March 31, June 30, September
30 and December 31 of each year in an amount equal to the amount
of fees collected from VoIP service customers located in that
county and for the purpose of assisting counties with the
implementation of an agency-approved plan adopted under section
5. The agency may retain up to 1% of the fees for costs incurred
in administering this subsection.
(11.14 added July 9, 2008, P.L.948, No.72)
Section 12. Repeals.
The act of April 28, 1978 (P.L.90, No.42), known as the
Emergency Telephone Act, is repealed.
Section 13. Effective date.
This act shall take effect in 60 days.
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