HF 2103

Introduction - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to public safety; modifying provisions
relating to emergency 911 communications; amending
Minnesota Statutes 2004, sections 237.70, subdivision
7; 403.02, subdivisions 7, 13, 17, 19, by adding a
subdivision; 403.025, subdivisions 3, 7; 403.05,
subdivisions 1, 3; 403.07, subdivision 3; 403.08,
subdivision 10; 403.11, subdivisions 1, 3, 3a;
403.113, subdivision 1; repealing Minnesota Statutes
2004, section 403.025, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 237.70,
subdivision 7, is amended to read:

Subd. 7.

Application, notice, financial administration,
complaint investigation.

The telephone assistance plan must be
administered jointly by the commission, the Department of
Commerce, and the local service providers in accordance with the
following guidelines:

(a) The commission and the Department of Commerce shall
develop an application form that must be completed by the
subscriber for the purpose of certifying eligibility for
telephone assistance plan credits to the local service
provider. The application must contain the applicant's Social
Security number. Applicants who refuse to provide a Social
Security number will be denied telephone assistance plan
credits. The application form must also include a statement
that the applicant household is currently eligible for one of
the programs that confers eligibility for the federal Lifeline
Program. The application must be signed by the applicant,
certifying, under penalty of perjury, that the information
provided by the applicant is true.

(b) Each local service provider shall annually mail a
notice of the availability of the telephone assistance plan to
each residential subscriber in a regular billing and shall mail
the application form to customers when requested.

The notice must state the following:

YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE
PROGRAMS. FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE
CONTACT .........

(c) An application may be made by the subscriber, the
subscriber's spouse, or a person authorized by the subscriber to
act on the subscriber's behalf. On completing the application
certifying that the statutory criteria for eligibility are
satisfied, the applicant must return the application to the
subscriber's local service provider. On receiving a completed
application from an applicant, the subscriber's local service
provider shall provide telephone assistance plan credits against
monthly charges in the earliest possible month following receipt
of the application. The applicant must receive telephone
assistance plan credits until the earliest possible month
following the service provider's receipt of information that the
applicant is ineligible.

If the telephone assistance plan credit is not itemized on the
subscriber's monthly charges bill for local telephone service,
the local service provider must notify the subscriber of the
approval for the telephone assistance plan credit.

(d) The commission shall serve as the coordinator of the
telephone assistance plan and be reimbursed for its
administrative expenses from the surcharge revenue pool. As the
coordinator, the commission shall:

(1) establish a uniform statewide surcharge in accordance
with subdivision 6;

(2) establish a uniform statewide level of telephone
assistance plan credit that each local service provider shall
extend to each eligible household in its service area;

(3) require each local service provider to account to the
commission on a periodic basis for surcharge revenues collected
by the provider, expenses incurred by the provider, not to
include expenses of collecting surcharges, and credits extended
by the provider under the telephone assistance plan;

(4) require each local service provider to remit surcharge
revenues to the Department of deleted text begin Administration deleted text end new text begin Public Safety new text end for
deposit in the fund; and

(5) remit to each local service provider from the surcharge
revenue pool the amount necessary to compensate the provider for
expenses, not including expenses of collecting the surcharges,
and telephone assistance plan credits. When it appears that the
revenue generated by the maximum surcharge permitted under
subdivision 6 will be inadequate to fund any particular
established level of telephone assistance plan credits, the
commission shall reduce the credits to a level that can be
adequately funded by the maximum surcharge. Similarly, the
commission may increase the level of the telephone assistance
plan credit that is available or reduce the surcharge to a level
and for a period of time that will prevent an unreasonable
overcollection of surcharge revenues.

(e) Each local service provider shall maintain adequate
records of surcharge revenues, expenses, and credits related to
the telephone assistance plan and shall, as part of its annual
report or separately, provide the commission and the Department
of Commerce with a financial report of its experience under the
telephone assistance plan for the previous year. That report
must also be adequate to satisfy the reporting requirements of
the federal matching plan.

(f) The Department of Commerce shall investigate complaints
against local service providers with regard to the telephone
assistance plan and shall report the results of its
investigation to the commission.

Sec. 2.

Minnesota Statutes 2004, section 403.02,
subdivision 7, is amended to read:

Subd. 7.

Automatic location identification.

"Automatic
location identification" means the process of electronically
identifying and displaying deleted text begin on a special viewing screen deleted text end the name
of the subscriber and the location, where available, of the
calling telephone number to a person answering a 911 emergency
call.

Sec. 3.

Minnesota Statutes 2004, section 403.02,
subdivision 13, is amended to read:

Subd. 13.

Enhanced 911 service.

"Enhanced 911 service"
means the use of deleted text begin selective routing, deleted text end automatic location
identification deleted text begin , deleted text end or local location identification as part of
local 911 service new text begin provided by an enhanced 911 system consisting
of a common 911 network and database and customer data and
network components connecting to the common 911 network and
database new text end .

Sec. 4.

Minnesota Statutes 2004, section 403.02,
subdivision 17, is amended to read:

Subd. 17.

911 service.

"911 service" means a
telecommunications service that automatically connects a person
dialing the digits 911 to an established public safety answering
point. 911 service includes:

(1) deleted text begin equipment for connecting and outswitching 911 calls
within a telephone central office, trunking facilities from the
central office to a public safety answering point deleted text end new text begin customer data
and network components connecting to the common 911 network and
database new text end ;

(2) new text begin common 911 network and database new text end equipment, as
appropriate, for automatically selectively routing 911 calls deleted text begin in
situations where one telephone central office serves more than
one deleted text end new text begin to the new text end public safety answering point new text begin serving the caller's
jurisdiction new text end ; and

(3) provision of automatic location identification if the
public safety answering point has the capability of providing
that service.

Sec. 5.

Minnesota Statutes 2004, section 403.02, is
amended by adding a subdivision to read:

new text begin Subd. 17a. new text end

new text begin 911 emergency telecommunications service
provider. new text end

new text begin "911 emergency telecommunications service provider"
means a telecommunications service provider or other entity,
determined by the commissioner to be capable of providing
effective and efficient components of the 911 system, that
provides all or portions of the network and database for
automatically selectively routing 911 calls to the public safety
answering point serving the caller's jurisdiction.
new text end

Sec. 6.

Minnesota Statutes 2004, section 403.02,
subdivision 19, is amended to read:

Subd. 19.

Public safety answering point.

"Public safety
answering point" means a communications facility deleted text begin operated on a
24-hour basis which deleted text end new text begin approved by the commissioner that new text end first
receives 911 calls from persons in a 911 service area and deleted text begin which
deleted text end new text begin that new text end may, as appropriate, directly dispatch public safety
services or extend, transfer, or relay 911 calls to appropriate
public safety agencies.

Sec. 7.

Minnesota Statutes 2004, section 403.025,
subdivision 3, is amended to read:

Subd. 3.

deleted text begin wire-line deleted text end new text begin connected telecommunications service
provider new text end requirements.

Every owner and operator of a
wire-line new text begin or wireless circuit switched or packet-based
new text end telecommunications system new text begin connected to the public switched
telephone network new text end shall design and maintain the system to dial
the 911 number without charge to the caller.

Sec. 8.

Minnesota Statutes 2004, section 403.025,
subdivision 7, is amended to read:

Subd. 7.

Contractual requirements.

(a) The state,
together with the county or other governmental agencies
operating public safety answering points, shall contract with
the appropriate wire-line telecommunications service
providers new text begin or other entities determined by the commissioner to be
capable of providing effective and efficient components of the
911 system new text end for the operation, maintenance, enhancement, and
expansion of the 911 system.

(b) deleted text begin The state shall contract with the appropriate wireless
telecommunications service providers for maintaining, enhancing,
and expanding the 911 system.
deleted text end

deleted text begin (c) deleted text end The contract language or subsequent amendments to the
contract must include a description of the services to be
furnished deleted text begin by wireless and wire-line telecommunications service
providers deleted text end to the county or other governmental agencies operating
public safety answering points deleted text begin , as well as compensation based on
the effective tariff or price list approved by the Public
Utilities Commission deleted text end . The contract language or subsequent
amendments must include the terms of compensation based on the
effective tariff or price list filed with the Public Utilities
Commission or the prices agreed to by the parties.

deleted text begin (d) deleted text end new text begin (c) new text end The contract language or subsequent amendments to
contracts between the parties must contain a provision for
resolving disputes.

Sec. 9.

Minnesota Statutes 2004, section 403.05,
subdivision 1, is amended to read:

Subdivision 1.

Operate and maintain.

Each county or any
other governmental agency shall operate and maintain its 911
system to meet the requirements of governmental agencies whose
services are available through the 911 system and to permit
future expansion or enhancement of the system. Each county or
any other governmental agency deleted text begin shall ensure deleted text end that new text begin has jurisdiction
over a wire-line 911 emergency call also has primary
jurisdiction over new text end a 911 emergency call made with a wireless
access device deleted text begin is automatically connected to and answered by the
appropriate public safety answering point deleted text end .

Sec. 10.

Minnesota Statutes 2004, section 403.05,
subdivision 3, is amended to read:

Subd. 3.

Agreements for service.

Each county and any
other governmental agency shall contract with the state and
wire-line telecommunications service providers new text begin or other entities
determined by the commissioner to be capable of providing
effective and efficient components of the 911 system new text end for the
recurring and nonrecurring costs associated with operating and
maintaining 911 emergency communications systems.

Sec. 11.

Minnesota Statutes 2004, section 403.07,
subdivision 3, is amended to read:

Subd. 3.

Database.

In 911 systems that have been
approved by the commissioner for a local location identification
database, each wire-line telecommunications service provider
shall provide current customer names, service addresses, and
telephone numbers to each public safety answering point within
the 911 system and shall update the information according to a
schedule prescribed by the county 911 plan. Information
provided under this subdivision must be provided in accordance
with the transactional record disclosure requirements of the
federal deleted text begin Electronic deleted text end Communications deleted text begin Privacy deleted text end Act of deleted text begin 1986 deleted text end new text begin 1932 new text end ,
United States Code, title deleted text begin 18 deleted text end new text begin 47 new text end , section deleted text begin 2703 deleted text end new text begin 222 new text end ,
subsection deleted text begin (c), paragraph (1), subparagraph (B)(iv) deleted text end new text begin (g) new text end .

Sec. 12.

Minnesota Statutes 2004, section 403.08,
subdivision 10, is amended to read:

Subd. 10.

Plan integration.

Counties shall incorporate
the statewide design when modifying county 911 plans to provide
for integrating wireless 911 service into existing county 911
systems. The commissioner shall contract with the involved
wireless service providers and 911 new text begin emergency telecommunications
new text end service providers to integrate cellular and other wireless
services into existing 911 systems where feasible.

Sec. 13.

Minnesota Statutes 2004, section 403.11,
subdivision 1, is amended to read:

Subdivision 1.

Emergency telecommunications service fee new text begin ;
account new text end .

(a) Each customer of a wireless or wire-line new text begin switched
or packet-based new text end telecommunications service provider new text begin connected to
the public switched telephone network new text end that furnishes service
capable of originating a 911 emergency telephone call is
assessed a fee new text begin based upon the number of wired or wireless
telephone lines, or their equivalent, new text end to cover the costs of
ongoing maintenance and related improvements for trunking and
central office switching equipment for 911 emergency
telecommunications service, plus administrative and staffing
costs of the commissioner related to managing the 911 emergency
telecommunications service program. Recurring charges by a
wire-line telecommunications service provider for updating the
information required by section 403.07, subdivision 3, must be
paid by the commissioner if the wire-line telecommunications
service provider is included in an approved 911 plan and the
charges are made pursuant to tariff, price list, or contract.
The fee assessed under this section must also be used for the
purpose of offsetting the costs, including administrative and
staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made
from wireless phones.

(b) Money remaining in the 911 emergency telecommunications
service account after all other obligations are paid must not
cancel and is carried forward to subsequent years and may be
appropriated from time to time to the commissioner to provide
financial assistance to counties for the improvement of local
emergency telecommunications services. The improvements may
include providing access to 911 service for telecommunications
service subscribers currently without access and upgrading
existing 911 service to include automatic number identification,
local location identification, automatic location
identification, and other improvements specified in revised
county 911 plans approved by the commissioner.

(c) The fee may not be less than eight cents nor more than
40 cents a month for each customer access line or other basic
access service, including trunk equivalents as designated by the
Public Utilities Commission for access charge purposes and
including wireless telecommunications services. With the
approval of the commissioner of finance, the commissioner of
public safety shall establish the amount of the fee within the
limits specified and inform the companies and carriers of the
amount to be deleted text begin collected deleted text end new text begin submitted new text end . When the revenue bonds
authorized under section 403.27, subdivision 1, have been fully
paid or defeased, the commissioner shall reduce the fee to
reflect that debt service on the bonds is no longer needed. The
commissioner shall provide companies and carriers a minimum of
45 days' notice of each fee change. deleted text begin The fee must be the same
for all customers.
deleted text end

(d) The fee must be deleted text begin collected deleted text end new text begin submitted new text end by each wireless or
wire-line telecommunications service provider subject to the
fee. Fees are payable to and must be submitted to the
commissioner monthly before the 25th of each month following the
month deleted text begin of collection deleted text end new text begin counted new text end , except that fees may be submitted
quarterly if less than $250 a month is due, or annually if less
than $25 a month is due. Receipts must be deposited in the
state treasury and credited to a 911 emergency
telecommunications service account in the special revenue fund.
The money in the account may only be used for 911
telecommunications services.

(e) This subdivision does not apply to customers of
interexchange carriers.

(f) The installation and recurring charges for integrating
wireless 911 calls into enhanced 911 systems must be paid by the
commissioner if the 911 service provider is included in the
statewide design plan and the charges are made pursuant to
tariff, price list, or contract.

Sec. 14.

Minnesota Statutes 2004, section 403.11,
subdivision 3, is amended to read:

Subd. 3.

Method of payment.

(a) Any wireless or
wire-line telecommunications service provider incurring
reimbursable costs under subdivision 1 shall submit an invoice
itemizing rate elements by county or service area to the
commissioner for 911 services furnished under tariff, price
list, or contract. Any wireless or wire-line telecommunications
service provider is eligible to receive payment for 911 services
rendered according to the terms and conditions specified in the
contract. Competitive local exchange carriers holding
certificates of authority from the Public Utilities Commission
are eligible to receive payment for recurring 911 services
provided after July 1, 2001. The commissioner shall pay the
invoice within 30 days following receipt of the invoice unless
the commissioner notifies the service provider that the
commissioner disputes the invoice.

(b) The commissioner shall estimate the amount required to
reimburse new text begin 911 emergency telecommunications service providers and
new text end wireless and wire-line telecommunications service providers for
the state's obligations under subdivision 1 and the governor
shall include the estimated amount in the biennial budget
request.

Sec. 15.

Minnesota Statutes 2004, section 403.11,
subdivision 3a, is amended to read:

Subd. 3a.

Timely certification.

A certification must be
submitted to the commissioner no later than deleted text begin two years deleted text end new text begin one year
new text end after commencing a new or additional eligible 911 service. Any
wireless or wire-line telecommunications service provider
incurring reimbursable costs under this section at any time
before January 1, 2003, may certify those costs for payment to
the commissioner according to this section for a period of 90
days after January 1, 2003. During this period, the
commissioner shall reimburse any wireless or wire-line
telecommunications service provider for approved, certified
costs without regard to any contrary provision of this
subdivision.

Sec. 16.

Minnesota Statutes 2004, section 403.113,
subdivision 1, is amended to read:

Subdivision 1.

Fee.

(a) Each customer receiving service
from a wireless or wire-line new text begin switched or packet-based
new text end telecommunications service provider new text begin connected to the public
telephone network that furnishes service capable of originating
a 911 emergency telephone call new text end is assessed a fee to fund
implementation, operation, maintenance, enhancement, and
expansion of enhanced 911 service, including acquisition of
necessary equipment and the costs of the commissioner to
administer the program. The actual fee assessed under section
403.11 and the enhanced 911 service fee must be deleted text begin collected
deleted text end new text begin submitted new text end as one amount and may not exceed the amount specified
in section 403.11, subdivision 1, paragraph (c).

(b) The enhanced 911 service fee must be collected and
deposited in the same manner as the fee in section 403.11 and
used solely for the purposes of paragraph (a) and subdivision 3.

(c) The commissioner, in consultation with counties and 911
system users, shall determine the amount of the enhanced 911
service fee. The fee must include at least ten cents per month
to be distributed under subdivision 2. The commissioner shall
inform wireless and wire-line telecommunications service
providers that provide service capable of originating a 911
emergency telephone call of the total amount of the 911 service
fees in the same manner as provided in section 403.11.

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 403.025, subdivision 4, is
repealed.
new text end

Sec. 18. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 13, 14, and 16 are effective July 1, 2005.
Sections 1 to 12 and 17 are effective the day following final
enactment. Section 15 is effective the day following final
enactment and applies to contracts entered into on or after that
date.
new text end