Section 11-98-1 Definitions. As used in this chapter, the following words and terms have the following meanings, unless the context clearly indicates otherwise: (1) CREATING AUTHORITY. The municipal governing body of any municipality or the governing body of any county that, by passage of a resolution or ordinance, creates a communication district within its respective jurisdiction in accordance with this chapter. (2) DISTRICT. The communication district created pursuant to this chapter. (3) E911. Enhanced universal emergency number service or enhanced 911 service which is a telephone exchange communications service whereby a public safety answering point (PSAP) designated by the customer may receive telephone calls dialed to the telephone number 911. E911 service includes lines, facilities, and equipment necessary for answering, transferring, and dispatching public emergency telephone calls originated by persons within the serving area who dial 911 but E911 service does not include dial tone first which may be made available by the service provider based on the ability to recover the costs associated with its implementation and consistent with tariffs filed with and approved by the Alabama Public Service Commission. (4) EXCHANGE ACCESS FACILITIES. All lines, provided by the service suppliers for local exchange service, as defined in existing general subscriber services tariffs. (5) PRIVATE SAFETY AGENCY. Any other for-profit or not-for-profit entity providing emergency fire, ambulance, rescue, emergency management, or emergency medical services. (6) PUBLIC SAFETY AGENCY. An agency of the State of Alabama, or a functional division of a political subdivision, that provides fire fighting, rescue, natural or man- caused disaster, or major emergency response, law enforcement, ambulance, or emergency medical services. (7) SERVICE SUPPLIER. Any person providing exchange telephone service to any service user throughout the county or municipality. (8) SERVICE USER. Any person, not otherwise exempt from taxation, who is provided exchange telephone service in the municipality or county. (9) TARIFF RATE. The rate or rates billed by a service supplier as stated in the service supplier's tariffs and approved by the Alabama Public Service Commission, which represent the service supplier's recurring charges for exchange access facilities, exclusive of all taxes, fees, licenses, or similar charges whatsoever. (10) UNIFORM APPLICATION. The rate to be charged or applied by the communication district to the exchange access rate charged to business and residential access lines. (Acts 1984, No. 84-369, p. 854, §3; Acts 1992, No. 92-562, p. 1165, §1; Acts 1992, 2nd Ex. Sess., No. 92- 706, p. 181, §1; Act 2000-693, p. 1411, §1.) Section 11-98-2 Communications districts; creation; composition; powers and duties. The creating authority may by ordinance or resolution, as may be appropriate, create within its respective jurisdiction communications districts composed of the territory lying wholly within the municipality or of any part or all of the territory lying wholly within the county. The districts shall be political and legal subdivisions of the state, with power to sue and be sued in their corporate names and to incur debt and issue bonds. The bonds shall be negotiable instruments and shall be solely the obligations of the district and not the State of Alabama. The bonds and the income thereof shall be exempt from all taxation in the State of Alabama. The bonds shall be payable out of the income, revenues, and receipts of the district. The bonds shall be authorized and issued by resolution or ordinance of the creating authority of the district and shall be of such series, bear such date or dates, mature at such time or times, not to exceed 30 years from issuance, bear interest at such rate or rates, be in such denominations, be in such form, without coupon or fully registered without coupon, carry such registration and exchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption, and be entitled to the priorities on the income, revenues, and receipts of the district as the resolution or ordinance may provide. All bonds shall contain a recital that they are issued pursuant to this chapter, which recitals shall be conclusive that they have been duly authorized pursuant to this chapter. (Acts 1984, No. 84-369, p. 854, §1; Acts 1992, No. 92-562, p. 1165, §1; Act 2000-693, p. 1411, §1.) Section 11-98-3 The digits 911 established as primary emergency telephone number. It has been shown to be in the public interest to shorten the time required for a citizen to request and receive emergency aid. The provision of a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained will provide a significant contribution to law enforcement and other public service efforts by simplifying the notification of public service personnel. Such a simplified means of procuring emergency services will result in the saving of life, a reduction in the destruction of property, quicker apprehension of criminals, and ultimately the saving of moneys. Establishment of a uniform emergency number is a matter of concern and interest to all citizens. It is the purpose of this chapter to establish the number 911 as the primary emergency telephone number for use in communications districts created in municipalities or counties as herein provided. (Acts 1984, No. 84-369, p. 854, §2.) Section 11-98-4 Board of commissioners. (a) When any district is created, the creating authority may appoint a board of commissioners composed of seven members to govern its affairs, and shall fix the domicile of the board at any point within the district. In the case of county districts, after the expiration of the terms of the members of the board of commissioners holding office on May 23, 2000, there may be at least one member of the board from each county commission district if the number of the county commission does not exceed seven, unless a resolution dated before January 1, 2000, was passed by a county commission establishing an appointment process different from this section or as otherwise provided by the enactment of a local act after May 23, 2000. The members of the board shall be qualified electors of the district, two of whom shall be appointed for terms of two years, three for terms of three years, and two for terms of four years, dating from the date of the adoption of the resolution or ordinance creating the district. Thereafter, all appointments of the members shall be for terms of four years. (b) The board of commissioners shall have complete and sole authority to appoint a chairman and any other officers it may deem necessary from among the membership of the board of commissioners. (c) A majority of the board of commissioners membership shall constitute a quorum and all official action of the board of commissioners shall require a quorum. (d) The board of commissioners may employ such employees, experts, and consultants as it deems necessary to assist the board of commissioners in the discharge of its responsibilities to the extent that funds are made available. (e) In lieu of appointing a board of commissioners, the governing body of the creating authority may serve as the board of commissioners of the district, in which case it shall assume all the powers and duties of the board of commissioners as provided in this chapter. (f) In addition to other authority and powers necessary to establish, operate, maintain, and replace an emergency communication system, the board of commissioners shall have the following authority: (1) To sue and be sued, to prosecute, and defend civil actions in any court having jurisdiction of the subject matter and of the parties. (2) To acquire or dispose of, whether by purchase, sale, gift, lease, devise, or otherwise, property of every description that the board may deem necessary, consistent with Section 11-98-4, and to hold title thereto. (3) To construct, enlarge, equip, improve, maintain, and operate all aspects of an emergency communication system consistent with Section 11-98-5(i). (4) To borrow money for any of its purposes. (5) To provide for such liability and hazard insurance as the board may deem advisable to include inclusion and continuation, or both, of district employees in state, county, municipal, or self-funded liability insurance programs. (6) To enter into contracts or agreements with public or private safety agencies for dispatch services when such terms, conditions, and charges are mutually agreed upon, unless otherwise provided by local law. (7) To make grants to smaller municipalities for dispatching equipment and services. (g) The board of commissioners may elect to form a nonprofit, public corporation with all of the powers and authority vested in such political and legal entities. The certificate of incorporation shall recite, in part: (1) That this is a nonprofit, public corporation and is a political and legal subdivision of the State of Alabama as defined in this chapter. (2) The location of its principal office. (3) The name of the corporation. (4) That the governing body is the board of commissioners. (h) Any other provisions of this act notwithstanding, the board of commissioners shall present to the creating authority for approval the acquisition, disposition, or improvements to real property. (Acts 1984, No. 84-369, p. 854, §4; Acts 1992, No. 92-562, p. 1165, §1; Act 2000-693, p. 1411, §1.) Section 11-98-5 Emergency telephone service charge. (a)(1) The board of commissioners of the district may, when so authorized by a vote of a majority of the persons voting within the district, in accordance with law, levy an emergency telephone service charge in an amount not to exceed five percent of the maximum tariff rate charged by any service supplier in the district, except that in counties with populations of less than 25,000 as determined by the most recent population census, the board of commissioners may, when so authorized by a vote of a majority of the persons voting within the district, in accordance with law, levy an emergency telephone service charge in an amount not to exceed two dollars ($2). The governing body of the municipality or county may, upon its own initiative, call the special election. Any service charge shall have uniform application and shall be imposed throughout the entire district, to the greatest extent possible, in conformity with availability of such service in any area of the district. The district shall have service on line no later than 36 months from the start of collections or suspend all collections until the district provides the service and shall refund all collections made during this 36 month period of time. (2) On and after January 1, 1992, the board of commissioners, once so authorized by a vote of a majority of the persons voting in the district to levy an emergency telephone service charge, may implement any rate of the emergency telephone service charge permitted under this section, as it may be amended from time to time, without further authorization. (b) If the proceeds generated by an emergency telephone service charge exceed the amount of moneys necessary to fund the district, the board of commissioners shall, by ordinance or resolution, as provided in this chapter, reduce the service charge rate to an amount adequate to fund the district. In lieu of reducing the service charge rate, the board of commissioners may suspend the service charge, if the revenues generated therefrom exceed the district's needs. The board of commissioners may, by resolution or ordinance, reestablish the original emergency telephone service charge rate, or lift the suspension thereof, if the amount of moneys generated is not adequate to fund the district. (c) An emergency telephone service charge shall be imposed only upon the amount received from the tariff rate for exchange access lines. If there is no separate exchange access charge stated in the service supplier's tariffs, the board of commissioners shall determine a uniform percentage not in excess of 85 percent of the tariff rate for basic exchange telephone service that shall be deemed to be the equivalent of tariff rate exchange access lines, until the service supplier establishes the tariff rate. No service charge shall be imposed upon more than 100 exchange access facilities per person, per location. Every billed service user shall be liable for any service charge imposed under this subsection until it has been paid to the service supplier. The duty of the service supplier to collect the service charge shall commence upon the date of its implementation, which shall be specified in the resolution calling the election. That emergency telephone service charge shall be added to and may be stated separately in the billing by the service supplier to the service user. (d) The service supplier shall have no obligation to take any legal action to enforce the collection of any emergency telephone service charge. The service supplier shall quarterly provide the board of commissioners with a list of the amount uncollected, together with the names and addresses of those service users who carry a balance that can be determined by the service supplier to be nonpayment of the service charge. The service charge shall be collected at the same time as the tariff rate according to the regular billing practice of the service supplier. Good faith compliance by the service supplier shall constitute a complete defense to any legal action or claim that may result from the service supplier's determination of nonpayment or the identification of service users, or both. (e) The amounts collected by the service supplier attributable to any emergency telephone service charge shall be due monthly. The amount of service charge collected in one calendar month by the service supplier shall be remitted to the district no later than 30 days after the close of a calendar month. On or before the thirtieth day after the close of a calendar month, a return, in the form the board of commissioners and the service supplier agree upon, shall be filed with the district, together with a remittance of the amount of service charge collected payable to the district. The service supplier shall maintain records of the amount of the service charge collected for a period of at least two years from the date of collection. The board of commissioners may, at its expense, require an annual audit of the service supplier's books and records with respect to the collection and remittance of the service charge. From the gross receipts to be remitted to the district, the service supplier shall be entitled to retain an administrative fee in an amount equal to one percent. (f) In order to provide additional funding or additional real or personal property for the district, the district or county or municipal governing body may receive federal, state, county, or municipal real or personal property and funds, as well as real or personal property and funds from private sources, and may expend the funds or use the property for the purposes of this chapter. (g) With the agreement of the service supplier and the creating authority, two or more communication districts, or cities, or counties, or a city and a county in another communication district may agree to cooperate, to the extent practicable, to provide funding and service to their respective areas, and a single board of commissioners of not more than seven members may be appointed to conduct the affairs of the entities involved. (h) A district may expend available funds to establish a common address and location identification program and to establish the emergency service number data base to facilitate efficient operation of the system. The governing body and the E-911 board of the county or city affected shall jointly be responsible for purchasing and installing the necessary signs to properly identify all roads and streets in the district. (i) Funds generated from emergency telephone service charges shall be used to establish, operate, maintain, and replace an emergency communication system that may, without limitation, consist of the following: (1) Telephone communications equipment to be used in answering, transferring, and dispatching public emergency telephone calls originated by persons within the service area who dial 911. (2) Emergency radio communications equipment and facilities necessary to transmit and receive "dispatch" calls. (3) The engineering, installation, and recurring costs necessary to implement, operate, and maintain an emergency communication system. (4) Facilities to house E-911 services as defined in this chapter, with the approval of the creating authority, and for necessary emergency and uninterruptable power supplies for the systems. (Acts 1984, No. 84-369, p. 854, §3; Acts 1992, No. 92-562, p. 1165, §1; Acts 1992, 2nd Ex. Sess., No. 92- 706, p. 181, §1; Acts 1995, No. 95-667, p. 1378, §1; Acts 1996, 1st Ex. Sess., No. 96-47, p. 62, §3.) Section 11-98-5.1 Maximum tariff rates. (a) The tariff rate to be utilized in determining the maximum rate of the emergency communication district fee authorized to be levied in each district pursuant to Section 11- 98-5 shall be determined by utilizing either of the following rates at the discretion of the board of commissioners of each emergency communication district: (1) The maximum tariff charged for any bundled service provided by any service supplier in the district on the date of the levy and collection of the fee. (2) The maximum tariff charged for any bundled service provided by any service supplier in the district as it existed on February 1, 2005, and adjusted as prescribed in subsection (b). (b) A record of maximum tariff rates for any service provided in the district as the maximum tariff existed on February 1, 2005, shall be maintained by the Public Service Commission and shall be published on the Internet website or similar communication system operated by the commission. The maximum tariff as it existed on February 1, 2005, shall be adjusted once every five years, beginning on February 1, 2010, by the percentage increase in the Consumer Price Index over the preceding five calendar years. This adjusted rate shall also be published by the Public Service Commission beginning in February of 2010. (c) The emergency communication district fee authorized and levied in each district pursuant to Section 11-98-5 shall apply to all wired telephone service utilized within the district, including such service provided through Voice-Over-Internet Protocol (VoIP) or other similar technology. It shall be the duty of each provider of VoIP or similar service to collect the fee for each 10-digit access number assigned to the user and to remit such fee as provided in Section 11-98-5. (Act 2005-111, p. 177, §1.) Section 11-98-6 Definitions. As used in this section and Sections 11-98-7, 11-98-8, and 11-98-9, the following terms shall have the following meanings: (1) AUTOMATIC NUMBER IDENTIFICATION or ANI. An enhanced 911 service capability that enables the automatic display of the 10-digit wireless telephone number used to place a 911 call and includes pseudo-automatic number identification or pseudo- ANI, which means an enhanced 911 service capability that enables the automatic display of the number of the cell site and an identification of the CMRS provider. (2) BOARD or CMRS BOARD. The Commercial Mobile Radio Service Emergency Telephone Services Board. (3) COMMERCIAL MOBILE RADIO SERVICE or CMRS. Commercial mobile radio service under Sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. § 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, Aug. 10, 1993, 107 Stat. 312. The term includes the term wireless and service provided by any wireless real time two-way voice communication device, including radio-telephone communications used in cellular telephone service, personal communication service, or the functional 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 service whose customers do not have access to 911 or to an enhanced 911-like service, to a communications channel suitable only for data transmission, to a wireless roaming service or other non-local radio access line service, or to a private telecommunications system. (4) COMMERCIAL MOBILE RADIO SERVICE PROVIDER or CMRS PROVIDER. A person or entity who provides commercial mobile radio service or CMRS service. (5) CMRS CONNECTION. A mobile telephone number assigned to a CMRS customer. (6) CMRS CUSTOMER. A person, business, corporation, or other entity that purchases, utilizes, or otherwise obtains wireless CMRS service, other than CMRS service sold to an entity for the purpose of resale. (7) CMRS FUND. The Commercial Mobile Radio Service Fund required to be established and maintained pursuant to Section 11-98-7(b)(2). (8) CMRS SERVICE CHARGE. The CMRS emergency telephone service charge levied and maintained pursuant to Section 11-98-7(b)(1) and (b)(2) and collected pursuant to Section 11-98-8. (9) DISTRIBUTION FORMULA. The percentage of the total state population residing in an ECD, compared to the total state population residing in all ECDs statewide, based upon the latest census data or estimates compiled by or for the Alabama Department of Economic and Community Affairs. (10) ECD. An emergency communications district created pursuant to this chapter. (11) ENHANCED 911, E-911, ENHANCED E-911 SYSTEM, or E-911 SYSTEM. An emergency telephone system that provides the caller with emergency 911 system service, that directs enhanced 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated, and that provides the capability for automatic number identification and the features that the Federal Communications Commission (FCC) may require in the future. (12) EXCHANGE ACCESS FACILITY. An exchange access facility as defined by Section 11-98-1(4). (13) FCC ORDER. The order of the Federal Communications Commission, FCC Docket No. 94-102, adopted on June 12, 1996, and released on July 26, 1996. (14) LICENSED SERVICE AREA. The geographic area in which the CMRS provider is authorized by law or contract to provide CMRS service. (15) MOBILE TELEPHONE NUMBER. The telephone number assigned to a wireless telephone. (16) PHASE II ENHANCED 911 SERVICE. An emergency telephone system that provides the location of all 911 calls by longitude and latitude in conformance with accuracy requirements established by the Federal Communications Commission. (17) PLACE OF PRIMARY USE. The street address representative of where the customer's use of the mobile telecommunications service primarily occur, which must be: a. the residental street address or the primary business street address of the customer; and b. within the licensed service area of the CMRS provider. (18) PUBLIC SAFETY AGENCY. A public safety agency as defined by Section 11-98- 1(6). (19) SERVICE SUPPLIER. A service supplier as defined by Section 11-98-1(7). (20) TECHNICAL PROPRIETARY INFORMATION. Technology descriptions, technical information, or trade secrets, including the term trade secrets as defined by the Alabama Trade Secrets Act of 1987, Section 8-27-1 et seq., and the actual or developmental costs thereof which are developed, produced, or received internally by a CMRS provider or by a CMRS provider's employees, directors, officers, or agents. (Acts 1984, No. 84-369, p. 854, §5; Acts 1992, No. 92-562, p. 1165, §1; Act 98-338, p. 584, §1; Act 2007- 459, §1.) Section 11-98-7 Commercial Mobile Radio Service - Board created; powers and duties; Sunset provision. (a) There is created a Commercial Mobile Radio Service (CMRS) Board, consisting of seven members that shall reflect the racial, gender, geographic, urban and rural and economic diversity of the state. (1) The first five members of the board, each of whom shall serve for a term of four years, shall be appointed by the Governor, subject to confirmation by the Senate, as follows: a. Two members recommended by the ECDs. b. Two members recommended by CMRS providers licensed to do business in Alabama. c. One member recommended by the State Auditor. (2) The next two members of the board, each of whom shall serve for a term of four years, shall be appointed as follows: a. One member of the House of Representatives appointed by the Speaker of the House. b. One member of the Senate appointed by the Lieutenant Governor. (3) The term of each member shall be four years, except that of the members first appointed, one representing ECDs shall serve for three years and one representing CMRS providers shall serve for three years, one representing ECDs shall serve two years and one representing CMRS providers shall serve two years. The Governor shall designate the term which each of the members first appointed shall serve when he or she makes appointments. The two legislative members shall serve for the length of their elective service, but no more than four years. (4) In the event of a vacancy, a vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment. Any vacancy occurring on the board, whether for an expired or unexpired term, shall be filled by appointment by the appointing authority as soon as practicable after a vacancy occurs, whether for an expired or unexpired term. (5) For all terms expiring after October 1, 2007, appointments made by the Governor shall be subject to confirmation by the Senate as provided in this subdivision. Appointments made at times when the Senate is not in session shall be effective immediately ad interim and shall serve until the Senate acts on the appointment as provided herein. Any appointment made by the Governor while the Senate is in session shall be submitted to the Senate not later than the third legislative day following the date of the appointment. Any appointment made while the Senate is not in session shall be submitted not later than the third legislative day following the reconvening of the Legislature. In the event the Senate fails or refuses to act on the appointment, the person whose name was submitted shall continue to serve until action is taken on the appointment by the Senate. (b) The board shall have the following powers and duties: (1) To levy a CMRS emergency telephone service charge on each CMRS connection that has a place of primary use within the geographical boundaries of the State of Alabama. The rate of the CMRS service charge shall be seventy cents ($.70) per month per CMRS customer on each CMRS connection beginning on May 1, 1998, which amount shall not be increased except by the Legislature. The CMRS service charge shall have uniform application and shall be imposed throughout the state. The board shall receive all revenues derived from the CMRS service charge levied in the state and collected pursuant to Section 11-98-8. (2) To establish and maintain the CMRS Fund as an insured, interest-bearing account into which the board shall deposit all revenues derived from the CMRS service charge levied on CMRS connections and collected pursuant to Section 11-98-8. The revenues deposited into the CMRS Fund shall not be moneys or property of the state and shall not be subject to appropriation by the Legislature. (3) To make disbursements from the CMRS Fund in the following amounts and in the following manner: a. Out of the funds collected by the board and after deduction of administrative expenses, 56 percent shall be distributed to ECDs in accordance with the distribution formula and may only be used for the lease, purchase, or maintenance of wireless enhanced emergency telephone equipment, including necessary computer hardware, software, and data base provisioning, for incremental expenses directly related to the FCC Order and the handling of wireless emergency calls. b. Beginning on October 1, 2007, 24 percent shall be distributed to ECDs in accordance with Section 11-98-7.1. c. Twenty percent shall be deposited into a bank account and shall be used solely for the purpose of payment of the actual costs incurred by CMRS providers in complying with the wireless E-911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order, including, but not limited to, costs and expenses incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required in order to provide the service as well as the incremental costs of operating the service. Verified itemized statements shall be presented to the board in connection with any request for payment by any CMRS provider and shall be approved by a majority vote of the board prior to any disbursement. Approval shall not be withheld or delayed unreasonably. In no event shall any invoice be approved for the payment of costs that are not related to compliance with the wireless E-911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order. d. Beginning no later than October 1, 2007, and no later than each October 1 thereafter, each CMRS provider wishing to participate in the payments provided in paragraph c. for expenses related to the providing of Phase II Enhanced 911 Service shall certify to the board that it does not then collect a cost-recovery or other similar separate charge from its customers. CMRS providers failing to provide such certification by October 1 shall be ineligible to receive such payments for any such Phase II expenses incurred until such certificate is provided to the board. Any CMRS provider electing to collect cost-recovery or other similar separate charges at any time following its October 1 certification shall immediately notify the board and shall be ineligible to participate in the payments established in this subsection until ceasing such collection from its customers and providing the notice required herein. This requirement shall only apply to payments for expenses related to the provision of Phase II Enhanced 911 Services. e. In the event that there are wireless emergency telephone services which cannot be efficiently performed at the ECD level or there are expenses which cannot be properly allocated at the ECD level, any ECD or CMRS provider may submit invoices directly to the board and the board shall determine the smallest practical unit basis for joint implementation. (4) To obtain, pursuant to subdivision (5), from an independent, third-party auditor retained by the board a copy of the annual reports to the Department of Examiners of Public Accounts no later than 120 days after the close of each fiscal year, which shall provide an accounting for all CMRS service charges deposited into the CMRS Fund during the preceding fiscal year and all disbursements to ECDs during the preceding fiscal year. The Department of Examiners of Public Accounts shall conduct an annual audit of the expenditures of the board from all CMRS service charges from the CMRS Fund. (5) To retain, upon majority vote of the members of the board who are present and voting, an independent, third-party auditor for the purposes of receiving, maintaining, and verifying the accuracy of any and all information, including all proprietary information, that is required to be collected, or that may have been submitted to the board by CMRS providers and ECDs, and the accuracy of the collection of the CMRS service charge required to be collected. An audit, if conducted pursuant to this subdivision, shall be conducted pursuant to Chapter 2A of Title 40. (6) To conduct a cost study on or before July 1, 1999, to be submitted to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives for the purpose of determining whether legislation should be proposed during the 2000 Regular Session of the Alabama Legislature to adjust the amount of the CMRS service charge to reflect actual costs to be incurred by CMRS providers and ECDs in order to comply with the wireless E-911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order. (7) To promulgate such rules and regulations as may be necessary to effect the provisions of this section. (8) To make the determinations and disbursements as provided by Section 11-98-8(c). (9) Neither the board nor any ECD shall require the CMRS providers to select or to deploy particular commercial solutions to meet the requirements of the FCC Order, provided the solutions chosen are compatible with the operations of the ECDs. (c) The CMRS service charge provided in subdivision (b)(1) shall be the sole charge assessed to CMRS providers relating to emergency telephone services. (d) The board shall serve without compensation, provided, however, that members of the board shall be entitled to be reimbursed for actual expenses and travel costs associated with their service. (e) Nothing in this chapter shall be construed to constitute the regulation of the entry of or rates charged by CMRS providers for any service or feature which they provide to their CMRS service customers, or to prohibit a CMRS provider from charging a CMRS service customer for any service or feature provided to the customer. (f) Subsection (k) of Section 40-21-121 shall apply to the CMRS emergency telephone service charge imposed in this section. (g) The board shall be subject to the Alabama Sunset Law under Chapter 20 of Title 41, shall be classified an enumerated agency under Section 41-20-3, and shall terminate on October 1, 2000, and every four years thereafter, unless continued as therein provided. If continued, the board shall be reviewed every four years thereafter and terminated unless continued into law. (Acts 1984, No. 84-369, p. 854, §6; Act 98-338, p. 584, §1; Act 2007-459, §1.) Section 11-98-8 Commercial Mobile Radio Service - Duties of providers; service charges. (a) Each CMRS provider shall act as a collection agent for the CMRS Fund and shall collect the CMRS service charges levied upon CMRS connections pursuant to Section 11-98-7(b)(1) from each CMRS connection to whom the CMRS provider provides CMRS service and shall, not later than 60 days after the end of the calendar month in which such CMRS service charges are collected, remit to the board the net CMRS service charges collected after deducting the fee authorized by subsection (b). Each billing provider shall list the CMRS service charge as a separate entry on each bill which includes a CMRS service charge. (b) Each CMRS provider shall be entitled to deduct and retain from the CMRS service charges collected by the provider during each calendar month an amount not to exceed one percent of the gross aggregate amount of the CMRS service charges collected as reimbursement for the costs incurred by the provider in collecting, handling, and processing the CMRS service charges. (c) The board shall be entitled to retain from the CMRS service charges collected during each calendar month an amount not to exceed two percent of the gross aggregate amount of such CMRS service charges collected as reimbursement for the costs incurred by the board in administering this chapter, including, but not limited to, retaining and paying the independent, third-party auditor to review and disburse the cost recovery funds and to prepare the reports contemplated by this chapter. (d) The CMRS provider shall have no obligation to take any legal action to enforce the collection of the CMRS service charge. If a CMRS provider receives partial payment for a monthly bill from a CMRS subscriber, the CMRS provider shall apply the payment against the amount the CMRS subscriber owes the CMRS provider first, and shall remit to the board the lesser amount, if any, as shall result therefrom. (e) The charges and fees collected under this section shall not be subject to taxes or charges levied on or by the CMRS provider, nor shall the charges and fees be considered revenue of the CMRS provider for any purposes. The CMRS provider shall annually provide to the emergency communications district management review board an accounting of the amounts billed and collected and of the disposition of the amounts. (f) State and local taxes do not apply to the CMRS service charge. (g) If a CMRS provider collects, but fails to remit, the CMRS service charges as provided herein or fails to collect the CMRS service charges, the provider shall be required to remit to the board the actual fees collected or that should have been collected and interest on the fees not remitted. The amount of the annual interest due shall be determined in accordance with Section 40-1-44. The board may seek the enforcement of this section in the Circuit Court of Montgomery County. (h) The board shall treat as confidential the remittance information submitted by a CMRS provider, including the total dollar amount remitted, the number of service charges remitted, or any other information that the board could reasonably believe would reveal the number of CMRS customers who are being serviced by a particular carrier or any other proprietary information. (Act 98-338, p. 584, §2; Act 2007-459, §1.) Section 11-98-9 Technical proprietary information. All technical proprietary information submitted to the board or to the independent third- party auditor as provided by Section 11-98-7(b)(5) shall be retained by the board and the auditor in confidence and shall be subject to review only by the Examiners of Public Accounts. Notwithstanding any other provision of the law, no technical proprietary information submitted shall be subject to subpoena or otherwise released to any person other than to the submitting CMRS provider, the board, and the independent third-party auditor without the express permission of the administrator and the submitting CMRS provider. General information collected by the independent third-party auditor shall only be released or published in aggregate amounts which do not identify or allow identification of numbers of subscribers or revenues attributable to an individual CMRS provider. Notwithstanding any other provision of the law, no district, political subdivision, CMRS provider, local exchange company, or their employees, directors, officers, or agents shall be liable for any damages in a civil action or subject to criminal prosecution resulting from death, injury, or loss to persons or property incurred by any person in connection with establishing, developing, implementing, maintaining, operating, and otherwise providing wireless enhanced 911 service in compliance with the requirements established by FCC Order 94-102 and any rules and regulations which are or may be adopted by the FCC pursuant to the order, except in the case of willful or wanton misconduct. (Act 98-338, p. 584, §2.) Section 11-98-10 Restrictions on 911 use; secondary backup emergency number authorized; certain automatic alerting devices connected to network prohibited; possible penalties for misuse. (a) The telephone number 911 is restricted to emergency calls that may result in dispatch of the appropriate response for: fire suppression and rescue, emergency medical services or ambulances, hazardous material, disaster, or major emergency occurrences, and law enforcement activities. (b) The digits 911 shall be the primary emergency telephone number, but the involved agencies may maintain a separate secondary backup number and shall maintain a separate number for non-emergency telephone calls. (c) No person shall connect to a service supplier's network or to a CMRS provider's network any automatic alarm, or other automatic alerting device that automatically dials, without human initiation, and provides a pre-recorded message in order to directly access the services that may be obtained through dialing 911. (d) The making of a false alarm, complaint, or knowingly reporting false information using the E-911 system, may subject the caller to penalties as provided by law. (Act 98-338, p. 584, §2.) Section 11-98-11 Methods of response to emergency calls. (a) The emergency telephone system shall be designed to have the capability of utilizing at least one of the following four methods in response to emergency calls: (1) Direct dispatch method, which is a telephone service to a centralized dispatch center providing for the dispatch of an appropriate emergency service unit upon receipt of a telephone request for such services and a decision as to the proper action to be taken. (2) Relay method, which is a telephone service whereby pertinent information is noted by the recipient of a telephone request for emergency services, and is relayed to appropriate public safety agencies or other providers of emergency services for dispatch of an emergency service unit. (3) Transfer method, which is a telephone service which receives telephone requests for emergency services and directly transfers such requests to an appropriate public safety agency or other provider of emergency services. (4) Referral method, which is a telephone service which, upon the receipt of a telephone request for emergency services, provides the requesting party with the telephone number of the appropriate public safety agency or other provider of emergency services. (b) The board of commissioners of the district shall select the method which it determines to be the most feasible for the county or municipality. (Act 98-338, p. 584, §2.) SEAN PARNELL, Governor DEPARTMENT OF ADMINISTRATION P.O. BOX 110206 JUNEAU, ALASKA 99811-0206 ENTERPRISE TECHNOLOGY SERVICES PHONE: (907) 465-2220 FAX: (907) 465-3450 March 22, 2010 James Arden Barnett, Jr. Rear Admiral (Ret.) Chief, Public Safety and Homeland Security Bureau Federal Communications Commission Washington, D.C. 20554 Dear Mr. Barnett, RE: New and Emerging Technologies Improvement Act of 2008 (NET 911 Act) State of Alaska Response to Information Request PS Docket No. 09-14 I am responding to the Federal Communication Public Safety and Homeland Security Bureau’s request to Governor Sean Parnell for information about the “collection and expenditure of fees or charges established by the states or other jurisdictions in connection with 911/e911 services” for calendar year 2009. As requested, below is Alaska’s information: 1. Funding Mechanism In 2005, SLA 05, Chapter 55 amended Alaska Statutes 29.35.131 through AS 29.35.138 (enhanced 911 system) to allow a municipality, public municipal corporation, or a village to impose and increase a surcharge to provide e911 at public safety answering points from a local exchange telephone company or other qualified vendor. The Alaska Legislature’s intent was to provide a sustained funding source for the technology necessary to respond to emergency calls and situations. AS 29.35.131 – AS 29.35.137 applies to home rule and general law municipalities. Alaska statutes do not allow the imposition of surcharges where no e911 service is provided. Attachment 1, NET 911 ACT Inventory 2009, provides information about e911/911 providers, communities serviced, surcharges, and funds collected for the year ending December 31, 2009. Some exchanges have not responded as of the date of this letter. This information will be provided upon receipt of the information. Alaska e911 2009 Fees & Expenditures - 2 - March 22, 2010 2. Fees, Charges and Collections to Implement and Support 911 and e911 Systems The surcharge is capped at $2 per month per line, with provisions to exceed that requiring approval by voters of the e911 service area. Allocations are to be determined by the borough and its communities via a written agreement. Each year, the governing body of the municipality must review enhanced 911 surcharges to confirm whether the surcharge is meeting enhanced 911 system needs. E911 surcharges are billed and collected by local exchange telephone companies or other qualified vendors, specifically wireless service providers, and remitted to the municipality. AS 29.35.131 specifies that revenues collected must be used for costs directly attributable to the establishment, maintenance, and operation of an e911 system. Based on available data, the total amount collected for calendar year 2009 was $8,199,046.36. 3. Entities with Authority to Approve Expenditure of Funds and Oversight Procedures AS 29.35.138 specifies that the e911 system statutes, AS 29.35.123 through 29.35.137, apply to home rule and general law municipalities. Alaska’s system of local government consists of two types of municipal government: • A city government is a municipal corporation and political subdivision of the State of Alaska. In 2003, there were 145 city governments in Alaska. • An organized borough is a municipal corporation and political subdivision of the State of Alaska. However, organized boroughs are regional governments – much larger than cities. Sixteen organized boroughs encompass about 43% of the geographic area of Alaska. • Alaska’s boroughs include home rule, first class, second class and third class; • Home rule boroughs have been organized in several rural areas where an adequate revenue base exists to fund the local share of schools and provide planning, land use, and other services. The North Slope and Northwest Arctic Boroughs were the first of these, and both have developed sophisticated regional governments. These boroughs, along with the Aleutians East and the Lake and Peninsula Boroughs, have developed very close ties with constituent communities. Yakutat 2 of 13 Alaska e911 2009 Fees & Expenditures - 3 - March 22, 2010 expanded its city into a borough. Home rule charters adopted by the people provide these area-wide municipalities with the flexibility to adapt their structure, functions and services to the respective region’s values and needs. Home rule boroughs have broad capacity to exercise various powers, such as education, taxation of property, transportation systems, EMS communications, on an area-wide basis. A home rule borough acquires additional area-wide powers in the manner set out in its charter. Oversight procedures established via AS 29.35.131 require that: • Municipalities determine funds are made available and used for purposes allowed under AS 29.35.131(i); • The governing body of the municipality review e911 surcharges on an annual basis to confirm whether the surcharge is meeting enhanced 911 system needs; • When imposing or changing an e911 surcharge, municipalities provide written notification to affected telephone customers explaining how the surcharge will be used; and • Before a borough may use revenue from an e911 surcharge, the borough and city must enter into an agreement to address the duties and responsibilities of each party. The Alaska Department of Pubic Safety must be a party to the agreement if DPS provides services to support their e911 system. 4. How Collected Funds Are To Be Used AS 29.35.131(i) specifies that revenues collected may be used for costs directly attributable to the establishment, maintenance, and operation of an e911 system: 1) the acquisition, implementation, and maintenance of public safety answering point equipment and 911 service features; 2) the acquisition, installation, and maintenance of other equipment, including call answering equipment, call transfer equipment, automatic number identification controllers and displays, automatic location identification controllers and displays, station instruments, 911 telecommunications systems, teleprinters, logging recorders, 3) instant playback recorders, telephone devices for the deaf, public safety answering point backup power systems, consoles, automatic call distributors, and hardware and software interfaces for computer-aided dispatch systems; 3 of 13 e911/911 Alaska Report 2009 Local Exchange (land line & wireless) e911/911 Communities Serviced Member of Municipality, Borough or City e911/911 fee per line Total e911/911 fees collected 2009 Fees remitted to: Adak Eagle Enterprises Adak Adak $2.50 $4,373.21 City of Adak Alascom Inc (DBA AT&T Alascom) Anchorage Anchorage Borough $1.50 $46,648.50 Remitted to the Municipality of Anchorage Fairbanks Fairbanks North Star Borough $0.75 $234.75 Remitted to Fairbanks North Star Borough Juneau City and Borough of Juneau $1.90 $5,063.50 Remitted to City and Borough of Juneau Kenai Kenai Peninsula Borough $1.15 $62.10 Remitted to Kenai Peninsula Borough Alaska Communications Systems (ACS) Anchorage Borough Anchorage Borough 1.50 2,142,355.43 Municipality of Anchorage Fairbanks North Star Borough Fairbanks North Star Borough 0.75 425,126.38 Fairbanks North Star Borough Juneau Borough Juneau Borough 1.90 343,949.40 Juneau Borough Kenai Peninsula Borough Kenai Peninsula Borough 1.15 630,742.17 Kenai Peninsula Borough Ketchikan Gateway Borough Ketchikan Gateway Borough 2.00 41,660.00 Ketchikan Gateway Borough Kodiak Island Borough Kodiak Island Borough 0.75 37,828.10 Kodiak Island Borough Matanuska-Susitna Borough Matanuska-Susitna Borough 0.85 85,036.81 Matanuska-Susitna Borough Northwest Arctic Borough Northwest Arctic Borough 2.00 458.00 City of Kotzebue Sitka Borough Sitka Borough 1.48 91,221.71 Sitka Borough Delta Junction Southeast Fairbanks Census Area 2.00 32,077.31 City of Delta Junction Nome Nome Census Area 2.00 - City of Petersburg Petersburg Petersburg Census Area 1.00 694.00 City of Valdez Valdez Valdez-Cordova Census Area 0.75 1,647.75 City of Wrangell Wrangell Wrangell Borough 0.75 1,617.75 Bethel Bethel Census Area 2.00 no customers City of Bethel Dillingham Dillingham Census Area 0.75 no customers City of Dillingham Nome Nome Census Area 2.00 no customers City of Nome Arctic Slope Telephone Association, Inc (ASTAC) Barrow North Slope Borough $0.00 $0.00 Wainwright North Slope Borough $0.00 $0.00 Atquasuk North Slope Borough $0.00 $0.00 Point Hope North Slope Borough $0.00 $0.00 Point Lay North Slope Borough $0.00 $0.00 Deadhorse/Pruhdoe Bay North Slope Borough $0.00 $0.00 Nuiqsut North Slope Borough $0.00 $0.00 Kaktovik North Slope Borough $0.00 $0.00 Anatuvuk Pass North Slope Borough $0.00 $0.00 Barrow North Slope Borough $0.00 $0.00 Wainwright North Slope Borough $0.00 $0.00 Point Hope North Slope Borough $0.00 $0.00 Deadhorse/Pruhdoe Bay North Slope Borough $0.00 $0.00 Nuiqsut North Slope Borough $0.00 $0.00 Kaktovik North Slope Borough $0.00 $0.00 Note: Some ASTAC Wireless customers have Anchorage billing addresses. ASTAC Wireless bills the Anchorage E- 911 surcharge to those customers and remits the amounts collected to the Municipality of Anchorage Anchorage $1.50 $1,801.50 Municipality of Anchorage Alaska Power & Telephone (APT) Company Wrangell City of Wrangell $0.75 $10,160.82 City of Wrangell Petersburg City of Petersburg $1.00 $22,969.90 City of Petersburg Ketchikan City of Ketchikan $2.00 $314.07 City of Ketchikan 5 of 13 month. billed Bettles Telephone Per Jason Ensminger of APT Alaska no e911 services North Country Telephone Per Jason Ensminger of APT Alaska no e911 services Bristol Bay Telephone Coop, Inc (BBTC) no fees collected per Todd Hoppe Bush-Tell No response as of 3/19/10 Cordova Telephone/Cordova Wireless Communications Cordova City of Cordova $0.00 $0.00 N/A Copper Valley Telephone Coop Valdez Valdez $.75 21,738.97 Fees collected through customer billings are paid to the City of Valdez by check. A $150 collection fee is deducted from the proceeds each GCI Bethel Bethel 2.00$ 35,282.00$ Bethel Delta Junction Delta Junction 2.00$ -$ Delta Junction (under $150 not remitted) Fairbanks, North Pole Fairbanks 0.75$ 204,041.20$ Fairbanks Juneau Juneau 1.90$ 253,728.09$ Juneau Kenai, Seward, Homer, Soldotna, etc. Kenai 1.15$ 67,691.05$ Kenai Ketchikan Ketchikan 2.00$ 53,496.00$ Ketchikan Kodiak Kodiak 0.75$ 15,526.50$ Kodiak Kotzebue Kotzebue 2.00$ 5,206.00$ Kotzebue Palmer, Wasilla, Big Lake, etc. Mat-Su 0.85$ 106,562.40$ Mat-Su Anchorage, Girdwood, Eagle River, Chugiak Municipality of Anchorage 1.50$ 2,076,733.55$ Municipality of Anchorage Nome Nome 0.75$ 3,624.75$ Nome Petersburg Petersburg 1.00$ 7,858.00$ Petersburg Sitka Sitka 1.48$ 20,590.92$ Sitka Valdez Valdez 0.75$ 645.00$ Valdez Wrangell Wrangell 0.75$ 5.25$ Wrangell Formerly Alaska Digitel now owned by GCI Anchorage, Girdwood, Eagle River, Chugiak MOA 1.50$ 399,662.48$ Municipality of Anchorage Fairbanks, North Pole Fairbanks 0.75$ 15,153.00$ Fairbanks Juneau 1.90$ 13,697.80$ Juneau Kenai, Seward, Homer, Soldotna, etc. Kenai 1.15$ 8,968.15$ Kenai Palmer, Wasilla, Big Lake, etc. Mat-Su 0.85$ 32,934.70$ Mat-Su Interior Telephone Co./Mukluk Tel. Co. no response as of 3/19/10 Ketchikan Public Utility (city of Ketchikan) Ketchikan & Saxman Ketchikan Gateway Borough $2.00 $389,893.00 City of Ketchikan for the support of the City's E911 system. Matanuska Telephone Association, Inc. All areas of the Mat-Su Borough Matanuska Susitna Borough $0.85 $352,218.69 Collected fees (billed less uncollectible) are remitted to the Borough on or before 60 days following the end of the month in which the E911 surcharges are Tyonek Kenai Peninsula Borough $1.15 $2,388.29 billed Collected fees (billed less uncollectible) are remitted to the Borough anually 60 days following the last month in which the E911 Chugiak, Eagle River Municipality of Anchorage $1.50 $172,677.22 surcharges are billed. Collected fees (billed less uncollectible) are remitted to the Municipality on or before 60 days following the end of the month in which the E911 surcharges are Nushagak Cooperative Dillingham - Aleknagik City of Dillingham $0.75 $15,725.00 City of Dillingham 6 of 13 their sites. Ruby 2009: OTZ Telephone Kotzebue City of Kotzebue $2.00 $13,410.38 City of Kotzebue Kivalina City of Kotzebue Noatak City of Kotzebue Kiana City of Kotzebue Noorvik City of Kotzebue Ambler City of Kotzebue Shungnak City of Kotzebue Kobuk City of Kotzebue Deering City of Kotzebue Buckland City of Kotzebue Selawik & Red Dog routes to a phone at Summit Telephone no response as of 3/19/10 United Utilities, Inc./United-KUC, Inc. Bethel City of Bethel $2.00 $21,008.78 City of Bethel Yukon Telephone Co. Whittier Tanana Valdez-Cordova Fairbanks-North Star Borough $0.00 $0.00 N/A Total Alaska e911/911 fees collected for $8,214,771.36 7 of 13 Enrolled HB 249 LAWS OF ALASKA 2005 Source Chapter No. CSHB 249(RLS) _______ AN ACT Relating to enhanced 911 systems and enhanced 911 surcharges imposed by a municipality, public municipal corporation, or village. _______________ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: THE ACT FOLLOWS ON PAGE 1 8 of 13 -1- Enrolled HB 249 AN ACT Relating to enhanced 911 systems and enhanced 911 surcharges imposed by a municipality, 1 public municipal corporation, or village. 2 _______________ 3 * Section 1. AS 29.10.200(37) is amended to read: 4 (37) AS 29.35.131 - 29.35.137 [AS 29.35.131] (enhanced 911 system); 5 * Sec. 2. AS 29.35.131(a) is amended to read: 6 (a) A municipality may, by resolution or ordinance, elect to provide an 7 enhanced 911 system at public safety answering points and [,] may purchase or lease 8 the enhanced 911 equipment or service required to establish or maintain an enhanced 9 911 system at public safety answering points from a local exchange telephone 10 company or other qualified vendor. The municipality [, AND] may impose an 11 enhanced 911 surcharge [, IN AN AMOUNT TO BE DETERMINED BY THE 12 MUNICIPALITY, ON ALL LOCAL EXCHANGE ACCESS LINES THAT 13 PROVIDE TELEPHONE SERVICE TO WIRELINE TELEPHONES IN THE AREA 14 9 of 13 Enrolled HB 249 -2- TO BE SERVED BY THE ENHANCED 911 SYSTEM. A MUNICIPALITY THAT 1 PROVIDES SERVICES UNDER AN ENHANCED 911 SYSTEM MAY ALSO BY 2 RESOLUTION OR ORDINANCE IMPOSE AN ENHANCED 911 SURCHARGE 3 ON EACH WIRELESS TELEPHONE NUMBER THAT IS BILLED TO AN 4 ADDRESS] within the enhanced 911 service area. An [FOR A MUNICIPALITY 5 WITH A POPULATION OF 100,000 OR MORE, AN ENHANCED 911 6 SURCHARGE MAY NOT EXCEED 50 CENTS PER MONTH FOR EACH 7 WIRELESS TELEPHONE NUMBER OR 50 CENTS PER MONTH FOR EACH 8 LOCAL EXCHANGE ACCESS LINE FOR WIRELINE TELEPHONES. FOR A 9 MUNICIPALITY WITH FEWER THAN 100,000 PEOPLE, AN] enhanced 911 10 surcharge may not exceed $2 [75 CENTS] per month for each wireless telephone 11 number and $2 [OR 75 CENTS] per month for each local exchange access line for 12 wireline telephones. The maximum surcharge amount of $2 provided for in this 13 subsection may be increased above that level if the surcharge amount is approved 14 by the voters of the enhanced 911 service area. The amount of surcharge 15 imposed for each wireless telephone number must equal the amount imposed for 16 each local exchange access line for a wireline telephone. An enhanced 911 service 17 area may be all of a city, all of a unified municipality, or all or part of the area within a 18 borough and may include the extraterritorial jurisdiction of a municipality in 19 accordance with AS 29.35.020. The governing body of a municipality shall review an 20 enhanced 911 surcharge annually to determine whether the current level of the 21 surcharge is adequate, excessive, or insufficient to meet anticipated enhanced 911 22 system needs. When a municipality imposes an enhanced 911 surcharge or the 23 amount of the surcharge is changed, the municipality shall notify in writing the 24 telephone customers subject to the surcharge and provide an explanation of what 25 the surcharge will be used for [THE MUNICIPALITY MAY ONLY USE THE 26 ENHANCED 911 SURCHARGE FOR THE ENHANCED 911 SYSTEM]. 27 * Sec. 3. AS 29.35.131 is amended by adding new subsections to read: 28 (i) A municipality may only use the enhanced 911 surcharge revenue for those 29 costs of the enhanced 911 system that are authorized in this subsection. The surcharge 30 revenue may not be used for any capital or operational costs for emergency responses 31 10 of 13 -3- Enrolled HB 249 that occur after the call is dispatched to the emergency responder. The surcharge 1 revenue may not be used for constructing buildings, leasing buildings, maintaining 2 buildings, or renovating buildings, except for the modification of an existing building 3 to the extent that is necessary to maintain the security and environmental integrity of 4 the public safety answering point and equipment rooms. The surcharge revenue may 5 be used for the following costs to the extent the costs are directly attributable to the 6 establishment, maintenance, and operation of an enhanced 911 system: 7 (1) the acquisition, implementation, and maintenance of public safety 8 answering point equipment and 911 service features; 9 (2) the acquisition, installation, and maintenance of other equipment, 10 including call answering equipment, call transfer equipment, automatic number 11 identification controllers and displays, automatic location identification controllers and 12 displays, station instruments, 911 telecommunications systems, teleprinters, logging 13 recorders, instant playback recorders, telephone devices for the deaf, public safety 14 answering point backup power systems, consoles, automatic call distributors, and 15 hardware and software interfaces for computer-aided dispatch systems; 16 (3) the salaries and associated expenses for 911 call takers for that 17 portion of time spent taking and transferring 911 calls; 18 (4) training costs for public safety answering point call takers in the 19 proper methods and techniques used in taking and transferring 911 calls; 20 (5) expenses required to develop and maintain all information 21 necessary to properly inform call takers as to location address, type of emergency, and 22 other information directly relevant to the 911 call-taking and transferring function, 23 including automatic location identification and automatic number identification 24 databases. 25 (j) If a city in an enhanced 911 service area established by a borough incurs 26 costs described under (i) of this section for the enhanced 911 system, before the 27 borough may use revenue from an enhanced 911 surcharge, the borough and city must 28 execute an agreement addressing the duties and responsibilities of each for the 29 enhanced 911 system and establishing priorities for the use of the surcharge revenue. 30 If the Department of Public Safety also provides services as part of the enhanced 911 31 11 of 13 Enrolled HB 249 -4- system or uses the enhanced 911 system in that enhanced 911 service area, the 1 department must be a party to the agreement. 2 (k) For purposes of (i) of this section, "call taker" means a person employed in 3 a primary or secondary answering point whose duties include the initial answering of 4 911 or enhanced 911 calls and routing the calls to the agency or dispatch center 5 responsible for dispatching appropriate emergency services and a person in a primary 6 or secondary answering point whose duties include receiving a 911 or enhanced 911 7 call either directly or routed from another answering point and dispatching appropriate 8 emergency services in response to the call; the term "call taker" is synonymous with 9 the term "dispatcher" in that it is inclusive of the functions of both answering the 911 10 or enhanced 911 calls and dispatching emergency services in response to the calls. 11 * Sec. 4. AS 29.35 is amended by adding a new section to read: 12 Sec. 29.35.134. Multi-line telephone systems. A municipality may by 13 ordinance elect to require an enhanced 911 system from a multi-line telephone system. 14 A multi-line telephone system operator must arrange to update the automatic location 15 identification database with an appropriate master street address guide, valid address, 16 and callback number for each multi-line telephone system telephone, so that the 17 location information specifies the emergency response location of the caller. A multi-18 line telephone system operator is considered to be in compliance with this section 19 when the multi-line telephone system complies with enhanced 911 generally accepted 20 industry standards as defined by the Regulatory Commission of Alaska. For purposes 21 of this section, 22 (1) "callback number" means a number used by the public safety 23 answering point to re-contact the location from which a 911 call is placed; the number 24 may or may not be the number of the station used to originate the 911 call; 25 (2) "emergency response location" means the location to which a 911 26 emergency response team may be dispatched that is specific enough to provide a 27 reasonable opportunity for the emergency response team to quickly locate a caller 28 anywhere within it; 29 (3) "master street address guide" means a database of formatted street 30 names, numerical addresses or address ranges, and other parameters defining valid 31 12 of 13 -5- Enrolled HB 249 locations and emergency services zones, and their associated emergency services 1 numbers, that enables the proper routing and response to 911 calls; 2 (4) "multi-line telephone system" means a system made up of common 3 control units, telephone sets, and control hardware and software, including network 4 and premises based systems such as Centrex and PBX, Hybrid, and Key Telephone 5 Systems, as classified by the Federal Communications Commission under Part 68 6 Requirements, and including systems owned or leased by governmental agencies or 7 nonprofit entities, as well as for profit entities; 8 (5) "multi-line telephone system operator" means an entity that owns, 9 leases, or rents from a third party, and operates a multi-line telephone system through 10 which a caller may place a 911 call through a public switched network. 11 * Sec. 5. AS 29.35 is amended by adding a new section to read: 12 Sec. 29.35.138. Application. AS 29.35.131 - 29.35.137 apply to home rule 13 and general law municipalities. 14 * Sec. 6. AS 29.35.131(h) is repealed. 15 13 of 13 Page 1 of 1Page Title 5/3/2010mhtml:file://C:\Documents and Settings\easyPDFUser\Local Settings\Temp\BCL Technolo... United States Department of the Interior BUREAU OF INDIAN AFFAIRS Eastern Regional Office 545 Marriott Drive, Suite 700 Nashville, TN 37214 IN REPLY REFER TO: Office of the Regional Director APR 2 2 2010 Thomas J. Beers Chief, Policy Division Public Safety and Homeland Security Bureau Federal Communications Commission 445 lih Street, S.W. Washington, DC 20554 Subject: Information Collection Mandated BY the New and Emerging Technologies Improvement Act of2008 (NET 911 Act) OMB Control Number: 3060-1122 Dear Mr. Beers: We are in receipt of the public notice dated February 5, 2010, requesting data on fees collected in connection with 911/E911 services under the NET 911 Act with respect to federally recognized Tribes in the Eastern Region. The Bureau oflndian Affairs, Eastern Region does not have any jurisdiction over the Tribe's in connection with the 911/E911 services, and as a result do not collect any such fees. These 911/E911 services would be rendered and reported by the states in which these Tribes are located. Should you have any questions, please feel free to contact me, at 615-564-6500. Sincerely, ACTING Director, Eastern Region - A statement as to whether or not the state or other entity as defined by section 6(f)(1) of the NET 911 Act has established a funding mechanism designated for or imposed for the purposes of 911 or E911 support or implementation (including a citation to the legal authority for such mechanism). No agency under the direction of BIA that responded runs a 911 or E911 system. They are usually run by the state or local county. - The amount of fees or charges imposed for the implementation and support of 911 and E911 services, and the total amount collected pursuant to the assessed fees or charges, for the annual period ending December 31, 2009. BIA has not collected any funds for the implementation, or support of any 911 or E911 system. - A statement describing how the funds collected are made available to localities, and whether the state has established written criteria regarding the allowable uses of the collected funds, including the legal citation to such criteria. This section does not apply, BIA would have no way of addressing what the state does with funds, or how it is collected. - A statement identifying any entity in the state that has the authority to approve the expenditure of funds collected for 911 or E911 purposes, and a description of any oversight procedures established to determine that collected funds have been made available or used for the purposes designated by the funding mechanism, or otherwise used to implement or support 911 or E911. Again, as BIA has no known 911 or E911 system that is run by us exclusively, we would have no way of addressing this. - A statement whether all the funds collected for 911 or E911 purposes have been made available or used for the purposes designated by the funding mechanism, or otherwise used for the implantation or support of 911 or E911. To our knowledge those funds collected by the state or local county were made available and have been used to run the 911 or E911 systems. - A statement identifying what amount of funds collected for 911 or E911 purposes were made available or used for any purposes other than the ones designated by the funding mechanism or used for purposes otherwise unrelated to 911 or E911 implementation or support, including a statement indentifying the unrelated purposes for which the funds collected for 911 or E911 purposes were made available or used. This question would be better answered by the state or local counties that run them. - Any other comments the respondent may wish to provide regarding the applicable funding mechanism for 911 and E911. Generally speaking Indian country does not have their own 911 system, and those agencies that do have access are usually run by an outside entity (i.e. state, nearby county). For example, Winnebago agency has access to a 911 system, and it is run by Thurston county. Residents in Thurston county are charged 1.00 through the phone system by the county to pay for it. Menominee in Wisconsin has a sort of speed dial system set up, when someon dials 911, it speed dials the regular number, so it is not a true 911 system. If there are any questions or concerns, please do not hesitate to call. Marcus Babbitt Acting Assistant Special Agent in Charge Office 605-226-7347 Cell 701-471-9541