HF 1971

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; establishing Minnesota 
  1.3             Wireless Emergency Telephone Services Act; amending 
  1.4             Minnesota Statutes 1998, sections 403.02, by adding 
  1.5             subdivisions; 403.07, subdivision 4; 403.08, 
  1.6             subdivision 7; 403.09; 403.11, subdivisions 1 and 2; 
  1.7             403.113, subdivision 1; 403.12, subdivision 1; and 
  1.8             403.13; proposing coding for new law as Minnesota 
  1.9             Statutes, chapter 404. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 403.02, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 11.  [TELEPHONE COMPANY.] "Telephone company" means a 
  1.14  telecommunications or telephone company providing local exchange 
  1.15  service as defined in section 237.01 and regulated by the public 
  1.16  utilities commission under chapter 237. 
  1.17     Sec. 2.  Minnesota Statutes 1998, section 403.02, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 12.  [WIRELESS SERVICE.] "Wireless service" has the 
  1.20  meaning given it in section 404.01, subdivision 12. 
  1.21     Sec. 3.  Minnesota Statutes 1998, section 403.02, is 
  1.22  amended by adding a subdivision to read: 
  1.23     Subd. 13.  [WIRELESS E911 SERVICE.] "Wireless E911 service" 
  1.24  has the meaning given it in section 404.01, subdivision 10. 
  1.25     Sec. 4.  Minnesota Statutes 1998, section 403.07, 
  1.26  subdivision 4, is amended to read: 
  1.27     Subd. 4.  [USE OF FURNISHED INFORMATION.] Names, addresses, 
  2.1   and telephone numbers provided to a 911 system under subdivision 
  2.2   3 are private data and may be used only for identifying the 
  2.3   location or identity, or both, of a person calling a 911 public 
  2.4   safety answering point.  The information furnished under 
  2.5   subdivision 3 may not be used or disclosed by 911 system 
  2.6   agencies, their agents, or their employees for any other purpose 
  2.7   except under a court order.  A telephone company or 
  2.8   telecommunications provider, including a wireless E911 service 
  2.9   provider under chapter 404, is not liable to any person for the 
  2.10  good faith release to emergency communications personnel of 
  2.11  information not in the public record, including, but not limited 
  2.12  to, nonpublished or nonlisted telephone numbers. 
  2.13     Sec. 5.  Minnesota Statutes 1998, section 403.08, 
  2.14  subdivision 7, is amended to read: 
  2.15     Subd. 7.  [CELLULAR AND OTHER NONWIRE PROVIDERS COOPERATION 
  2.16  WITH STATEWIDE PLAN.] (a) Each cellular and other wireless 
  2.17  access service provider shall cooperate in planning and 
  2.18  implementing integration with enhanced 911 systems operating in 
  2.19  their service territories to meet Federal Communications 
  2.20  Commission-enhanced 911 standards the requirements of the FCC 
  2.21  order.  By August 1, 1997, Each 911 emergency telephone service 
  2.22  provider operating enhanced 911 systems, in cooperation with 
  2.23  each involved cellular or other wireless access service 
  2.24  provider, shall develop and provide to the commissioner 
  2.25  good-faith estimates of installation and recurring expenses to 
  2.26  integrate cellular 911 wireless E911 service into the enhanced 
  2.27  911 networks to meet Federal Communications Commission phase one 
  2.28  wireless enhanced 911 standards of the FCC order.  The 
  2.29  commissioner shall coordinate with counties and affected public 
  2.30  safety agency representatives in developing a statewide design 
  2.31  and plan for implementation.  
  2.32     (b) Planning shall be completed by October 1, 1997 2000, 
  2.33  for the metropolitan area and shall be completed by December 
  2.34  1, 1997 2000, for the areas outside of the metropolitan area.  
  2.35     (c) Planning considerations must include cost, degree of 
  2.36  integration into existing 911 systems, the retention of existing 
  3.1   911 infrastructure, and the potential implications of phase 2 of 
  3.2   the Federal Communications Commission wireless enhanced 911 
  3.3   standards FCC order.  
  3.4      (d) Counties shall incorporate the statewide design when 
  3.5   modifying county 911 plans to provide for integrating wireless 
  3.6   911 service into existing county 911 systems.  The commissioner 
  3.7   shall contract with the involved wireless service providers and 
  3.8   911 service providers to integrate cellular and other wireless 
  3.9   E911 services into existing 911 systems where feasible. 
  3.10     Sec. 6.  Minnesota Statutes 1998, section 403.09, is 
  3.11  amended to read: 
  3.12     403.09 [ENFORCEMENT.] 
  3.13     At the request of the department of administration, the 
  3.14  attorney general may commence proceedings in the district court 
  3.15  against any person or public or private body to enforce the 
  3.16  provisions of this chapter and chapter 404. 
  3.17     At the request of the public utilities commission, the 
  3.18  attorney general may commence proceedings before the district 
  3.19  court pursuant to section 237.27, against any public utility 
  3.20  providing telephone service which refuses to comply with this 
  3.21  chapter or chapter 404. 
  3.22     Sec. 7.  Minnesota Statutes 1998, section 403.11, 
  3.23  subdivision 1, is amended to read: 
  3.24     Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
  3.25  customer of a telephone company or communications carrier that 
  3.26  provides service capable of originating a 911 emergency 
  3.27  telephone call is assessed a fee to cover the costs of ongoing 
  3.28  maintenance and related improvements for trunking and central 
  3.29  office switching equipment for minimum 911 emergency telephone 
  3.30  service, plus administrative and staffing costs of the 
  3.31  department of administration related to managing the 911 
  3.32  emergency telephone service program.  Recurring charges by a 
  3.33  public utility providing telephone service for updating the 
  3.34  information required by section 403.07, subdivision 3, must be 
  3.35  paid by the commissioner of administration if the utility is 
  3.36  included in an approved 911 plan and the charges have been 
  4.1   certified and approved under subdivision 3.  The commissioner of 
  4.2   administration shall transfer an amount equal to two cents a 
  4.3   month from the fee assessed under this section on cellular and 
  4.4   other nonwire access services to the commissioner of public 
  4.5   safety for the purpose of offsetting the costs, including 
  4.6   administrative and staffing costs, incurred by the state patrol 
  4.7   division of the department of public safety in handling 911 
  4.8   emergency calls made from cellular phones.  Money remaining in 
  4.9   the 911 emergency telephone service account after all other 
  4.10  obligations are paid must not cancel and is carried forward to 
  4.11  subsequent years and may be appropriated from time to time to 
  4.12  the commissioner of administration to provide financial 
  4.13  assistance to counties for the improvement of local emergency 
  4.14  telephone services.  The improvements may include providing 
  4.15  access to minimum 911 service for telephone service subscribers 
  4.16  currently without access and upgrading existing 911 service to 
  4.17  include automatic number identification, local location 
  4.18  identification, automatic location identification, and other 
  4.19  improvements specified in revised county 911 plans approved by 
  4.20  the department. 
  4.21     (b) The fee may not be less than eight cents nor more than 
  4.22  30 cents a month for each customer local exchange access line or 
  4.23  other basic access service, including trunk equivalents as 
  4.24  designated by the public utilities commission for access charge 
  4.25  purposes and including cellular and other nonwire access 
  4.26  services.  The fee must be the same for all customers.  
  4.27     (c) The fee must be collected by each company or carrier 
  4.28  providing service subject to the fee.  Fees are payable to and 
  4.29  must be submitted to the commissioner of administration monthly 
  4.30  before the 25th of each month following the month of collection, 
  4.31  except that fees may be submitted quarterly if less than $250 a 
  4.32  month is due, or annually if less than $25 a month is due.  
  4.33  Receipts must be deposited in the state treasury and credited to 
  4.34  a 911 emergency telephone service account in the special revenue 
  4.35  fund.  The money in the account may only be used for 911 
  4.36  telephone services as provided in paragraph (a).  
  5.1      (d) The commissioner of administration, with the approval 
  5.2   of the commissioner of finance, shall establish the amount of 
  5.3   the fee within the limits specified and inform the telephone 
  5.4   companies and carriers of the amount to be collected.  Telephone 
  5.5   companies and carriers must be given a minimum of 45 days' 
  5.6   notice of fee changes. 
  5.7      (e) This subdivision does not apply to customers of a 
  5.8   telecommunications carrier as defined in section 237.01, 
  5.9   subdivision 6, and does not apply to wireless providers defined 
  5.10  in chapter 404. 
  5.11     Sec. 8.  Minnesota Statutes 1998, section 403.11, 
  5.12  subdivision 2, is amended to read: 
  5.13     Subd. 2.  [MODIFICATION COSTS.] (a) The costs of a public 
  5.14  utility incurred in the modification of central office switching 
  5.15  equipment for minimum 911 service shall be paid from the general 
  5.16  fund of the state treasury by appropriations for that purpose. 
  5.17     (b) The installation and recurring charges for integrating 
  5.18  cellular and other wireless access services 911 calls into 
  5.19  enhanced 911 systems must be paid by the commissioner if the 911 
  5.20  service provider is included in the statewide design plan and 
  5.21  the charges have been certified and approved under subdivision 
  5.22  3, or the wireless access service provider has completed a 
  5.23  contract for service with the commissioner, and charges are 
  5.24  considered reasonable and accurate by the commissioner.  Charges 
  5.25  payable to wireless access service providers are not subject to 
  5.26  the provisions of subdivision 3.  A wireless provider must be 
  5.27  reimbursed by the commissioner for all costs associated with 
  5.28  complying with the requirements of the FCC order, which include 
  5.29  the costs of design, development, upgrades, equipment, software, 
  5.30  and any other costs associated with implementing wireless E911 
  5.31  service. 
  5.32     Sec. 9.  Minnesota Statutes 1998, section 403.113, 
  5.33  subdivision 1, is amended to read: 
  5.34     Subdivision 1.  [FEE.] (a) In addition to the actual fee 
  5.35  assessed under section 403.11, each customer receiving local 
  5.36  telephone service, including cellular or other nonwire service, 
  6.1   is assessed a fee to fund implementation and maintenance of 
  6.2   enhanced 911 service, including acquisition of necessary 
  6.3   equipment and the costs of the commissioner to administer the 
  6.4   program.  The enhanced fee collected from cellular or other 
  6.5   nonwire service customers must be collected effective in July 
  6.6   1997 billings.  The actual fee assessed under section 403.11 and 
  6.7   the enhanced 911 service fee must be collected as one amount and 
  6.8   may not exceed the amount specified in section 403.11, 
  6.9   subdivision 1, paragraph (b). 
  6.10     (b) The enhanced 911 service fee must be collected and 
  6.11  deposited in the same manner as the fee in section 403.11 and 
  6.12  used solely for the purposes of paragraph (a) and subdivision 3. 
  6.13     (c) The commissioner of the department of administration, 
  6.14  in consultation with counties and 911 system users, shall 
  6.15  determine the amount of the enhanced 911 service fee and inform 
  6.16  telephone companies or communications carriers that provide 
  6.17  service capable of originating a 911 emergency telephone call of 
  6.18  the total amount of the 911 service fees in the same manner as 
  6.19  provided in section 403.11. 
  6.20     Sec. 10.  Minnesota Statutes 1998, section 403.12, 
  6.21  subdivision 1, is amended to read: 
  6.22     Subdivision 1.  [ANNUAL REPORT.] By January 1 of each year, 
  6.23  the department of administration shall report to the legislature 
  6.24  the progress that has been made in the implementation of 
  6.25  sections 403.01 to 403.12 and chapter 404.  
  6.26     Sec. 11.  Minnesota Statutes 1998, section 403.13, is 
  6.27  amended to read: 
  6.28     403.13 [CELLULAR WIRELESS TELEPHONE USE.] 
  6.29     Subdivision 1.  [CELLULAR WIRELESS 911 CALL.] (a) Those 
  6.30  governmental entities that are responsible for the design, 
  6.31  planning, and coordination of the 911 emergency telephone system 
  6.32  under the requirements of this chapter and chapter 403 shall 
  6.33  ensure that a 911 emergency call made with a cellular or other 
  6.34  wireless telephone or access device is automatically connected 
  6.35  to and answered by the appropriate public safety answering point.
  6.36     (b) In order to comply with paragraph (a), representatives 
  7.1   of each county's 911 planning committee shall consult with 
  7.2   representatives of the relevant district office of the state 
  7.3   patrol to allocate responsibility for answering emergency 
  7.4   wireless 911 calls in each county, and shall notify the 
  7.5   commissioner of the agreed upon allocation.  By April 1, 1998 
  7.6   2001, for the metropolitan area and June 1, 1998 2001, for the 
  7.7   area outside the metropolitan area, the county 911 planning 
  7.8   committees and the district offices of the state patrol shall 
  7.9   notify the commissioner of any unresolved issues regarding the 
  7.10  allocation of responsibility for answering cellular wireless 911 
  7.11  emergency calls.  
  7.12     (c) Unresolved issues in the metropolitan area must be 
  7.13  resolved by: 
  7.14     (1) the executive director of the metropolitan 911 board; 
  7.15     (2) the 911 product manager appointed by the commissioner; 
  7.16     (3) a representative appointed by the Minnesota state 
  7.17  sheriffs association from the metropolitan area; 
  7.18     (4) the commissioner of public safety or the commissioner's 
  7.19  designee; and 
  7.20     (5) a representative appointed by the Minnesota chiefs of 
  7.21  police association from the metropolitan area. 
  7.22     (d) Unresolved issues in the area outside the metropolitan 
  7.23  area must be resolved by: 
  7.24     (1) a representative appointed by the association of 
  7.25  Minnesota counties from the area outside the metropolitan area; 
  7.26     (2) the 911 product manager appointed by the commissioner; 
  7.27     (3) a representative appointed by the Minnesota state 
  7.28  sheriffs association from the area outside the metropolitan 
  7.29  area; 
  7.30     (4) the commissioner of public safety or the commissioner's 
  7.31  designee; and 
  7.32     (5) a representative appointed by the Minnesota league of 
  7.33  cities from the area outside the metropolitan area. 
  7.34     (e) These committees shall resolve outstanding issues by 
  7.35  December 31, 1998 2001.  The decision of the committee is final. 
  7.36     Subd. 2.  [NOTIFICATION OF SUBSCRIBER.] A wireless provider 
  8.1   of cellular or other wireless telephone services in Minnesota 
  8.2   shall notify its subscribers at the time of initial subscription 
  8.3   and four times per year thereafter that a 911 emergency call 
  8.4   made with a wireless telephone is not always answered by a local 
  8.5   public safety answering point but may be routed to a state 
  8.6   patrol dispatcher and that, accordingly, the caller must provide 
  8.7   specific information regarding the caller's location. 
  8.8      Sec. 12.  [404.01] [DEFINITIONS.] 
  8.9      Subdivision 1.  [SCOPE.] For the purpose of this chapter, 
  8.10  the terms defined in this section shall have the meanings given 
  8.11  them. 
  8.12     Subd. 2.  [AUTOMATIC LOCATION IDENTIFICATION.] "Automatic 
  8.13  location identification" (ALI) for wireless service, means at 
  8.14  least the identification of the base station or cell site 
  8.15  receiving the 911 call (Pseudo-ANI), or any more accurate means 
  8.16  such as latitude and longitude or other criteria commercially 
  8.17  and readily available to wireless providers for identifying the 
  8.18  location of a person calling 911. 
  8.19     Subd. 3.  [AUTOMATIC NUMBER IDENTIFICATION.] "Automatic 
  8.20  number identification" (ANI) for wireless service, means the 
  8.21  mobile identification number for commercial mobile radio service 
  8.22  (CMRS) communications of the person calling 911, making it 
  8.23  possible for a PSAP to call back the person calling 911. 
  8.24     Subd. 4.  [BOARD.] "Board" means the wireless E911 advisory 
  8.25  board. 
  8.26     Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
  8.27  commissioner of administration. 
  8.28     Subd. 6.  [FCC ORDER.] "FCC order" refers to the order of 
  8.29  the Federal Communications Commission, FCC Docket No. 94-102, 
  8.30  and includes the regulations adopted and published as Code of 
  8.31  Federal Regulations, title 47, section 20.18. 
  8.32     Subd. 7.  [PROPRIETARY INFORMATION.] "Proprietary 
  8.33  information" means (1) all customer lists and related 
  8.34  information, (2) technology descriptions, technical information, 
  8.35  or trade secrets, and (3) information concerning the actual or 
  8.36  developmental costs of wireless E911 systems that are developed, 
  9.1   produced, or received internally by a wireless provider or by a 
  9.2   wireless provider's employees, directors, officers, or agents. 
  9.3      Subd. 8.  [PUBLIC SAFETY ANSWERING POINT.] "Public safety 
  9.4   answering point" (PSAP) means an emergency communication 
  9.5   facility, including designated state patrol offices, established 
  9.6   as an answering location for 911 calls originating within a 
  9.7   service area. 
  9.8      Subd. 9.  [WIRELESS E911 SERVICE.] "Wireless E911 service" 
  9.9   means an enhanced service that, in addition to minimum 911 
  9.10  service described in chapter 403, automatically provides 
  9.11  automatic number identification and automatic location 
  9.12  identification to the public safety answering point. 
  9.13     Subd. 10.  [WIRELESS E911 SERVICE PROVIDER.] "Wireless E911 
  9.14  service provider" means any wireless carrier and any person or 
  9.15  entity that provides equipment or services for establishing, 
  9.16  maintaining, or operating a wireless E911 emergency telephone 
  9.17  system. 
  9.18     Subd. 11.  [WIRELESS PROVIDER.] "Wireless provider" means 
  9.19  any provider of wireless service as defined by this chapter. 
  9.20     Subd. 12.  [WIRELESS SERVICE.] "Wireless service" means 
  9.21  commercial mobile radio service as defined by sections 2(27) and 
  9.22  332(d) of the Federal Telecommunications Act of 1996, United 
  9.23  States Code, title 47, section 151 et seq., the Federal 
  9.24  Communications Commission regulations at Code of Federal 
  9.25  Regulations, title 47, section 20.18, as amended, and the 
  9.26  Omnibus Budget Reconciliation Act of 1993, Public Law No. 
  9.27  103-66.  The term includes any wireless two-way communication 
  9.28  device, including cellular telephone service, personal 
  9.29  communication service, specialized mobile radio service, or any 
  9.30  other commercial mobile radio service capable of providing E911 
  9.31  service.  The term does not include services whose customers do 
  9.32  not have access to E911 service, communication channels suitable 
  9.33  only for data transmission, wireless roaming service or other 
  9.34  nonlocal radio access line service, or private 
  9.35  telecommunications systems. 
  9.36     Sec. 13.  [404.04] [WIRELESS E911 ADVISORY BOARD.] 
 10.1      Subdivision 1.  [PURPOSE AND FUNCTION.] A wireless E911 
 10.2   advisory board is established to assist in implementing, 
 10.3   developing, administering, and maintaining wireless emergency 
 10.4   communications. 
 10.5      Subd. 2.  [COMPOSITION.] (a) The board is composed of the 
 10.6   following eight individuals: 
 10.7      (1) the executive director of the metropolitan 911 board; 
 10.8      (2) one representative appointed by the association of 
 10.9   Minnesota counties from the area outside of the metropolitan 
 10.10  area, as defined in section 403.02, subdivision 2; 
 10.11     (3) one representative appointed by the Minnesota state 
 10.12  sheriffs association; 
 10.13     (4) one representative of the Minnesota state patrol, 
 10.14  appointed by the governor; 
 10.15     (5) the commissioner of public safety or the commissioner's 
 10.16  designee; 
 10.17     (6) the 911 product manager appointed by the commissioner 
 10.18  of public safety; 
 10.19     (7) two representatives of the wireless industry in the 
 10.20  state, to be recommended by the wireless providers doing 
 10.21  business in the state, appointed by the governor; and 
 10.22     (8) the commissioner of administration or the 
 10.23  commissioner's designee. 
 10.24     (b) Each member of the board shall serve for a period of 
 10.25  three years, on a staggered basis.  Vacancies must be filled in 
 10.26  the same manner as the original appointments.  Members serve on 
 10.27  the board without compensation; however, members are permitted 
 10.28  to receive a per diem and travel expenses associated with board 
 10.29  functions. 
 10.30     (c) The commissioner of the department of administration 
 10.31  shall serve as the chair of the board.  The chair is responsible 
 10.32  for the administration of the board and shall call a meeting of 
 10.33  the board at least semiannually.  The chair or a majority of the 
 10.34  board may call a meeting at any time.  A majority of the members 
 10.35  of the board constitutes a quorum for purposes of taking 
 10.36  action.  The board may take action approved by a majority of the 
 11.1   members of the board.  A member may vote by proxy through 
 11.2   another member.  The chair may vote only in order to break a tie 
 11.3   vote of the board. 
 11.4      Subd. 3.  [RECOMMENDATORY DUTIES.] (a) The board shall 
 11.5   provide technical or operational recommendations and assistance 
 11.6   to the department of administration, counties, public safety 
 11.7   officials, PSAPs, and wireless providers.  The board's 
 11.8   recommendations are advisory only and must be consistent with 
 11.9   the policies and regulations contained in the FCC order.  No 
 11.10  recommendation shall have the effect of prohibiting, regulating, 
 11.11  or requiring the use of any specific technology.  The board may 
 11.12  not regulate wireless providers. 
 11.13     (b) The board shall recommend the amount of the wireless 
 11.14  911 fee and the appropriate allocations specified in sections 
 11.15  404.05 and 404.07. 
 11.16     Subd. 4.  [AUDIT.] The board shall retain an independent, 
 11.17  third-party auditor annually for purposes of maintaining and 
 11.18  verifying the accuracy of all funds administered by the 
 11.19  commissioner and ensuring the confidential use of proprietary 
 11.20  information as provided by section 404.12. 
 11.21     Subd. 5.  [POWER TO CONTRACT.] The board shall make and 
 11.22  enter into contracts with experts, agents, employees, or 
 11.23  consultants as it deems necessary to effectuate the purposes of 
 11.24  this section. 
 11.25     Subd. 6.  [RULES ASSISTANCE.] The board shall assist in the 
 11.26  promulgation of rules adopted by the department of 
 11.27  administration under section 404.06. 
 11.28     Subd. 7.  [LEGISLATIVE REPORT.] The board shall submit an 
 11.29  annual report to the department of administration to be included 
 11.30  in the department's report to the legislature as directed in 
 11.31  section 403.12.  The report must contain: 
 11.32     (1) the results of the independent audit, which must 
 11.33  include an accounting of all collected revenues and funds 
 11.34  disbursed to wireless providers and counties pursuant to this 
 11.35  chapter; and 
 11.36     (2) the amount of any unspent or uncollected funds from 
 12.1   wireless providers, if any. 
 12.2      Sec. 14.  [404.05] [WIRELESS 911 FEE.] 
 12.3      Subdivision 1.  [FEE IMPOSED.] There is imposed on each 
 12.4   paying wireless subscriber a surcharge in the amount of ... 
 12.5   cents per month per wireless telecommunications instrument up to 
 12.6   a maximum of 25 instruments per subscriber account.  After 
 12.7   January 1, 2000, the board shall evaluate annually the amount of 
 12.8   the fee to ensure that it is sufficient to reimburse wireless 
 12.9   providers and provide funding for counties and cities.  The 
 12.10  board shall make a recommendation as to the amount of the 
 12.11  surcharge to the commissioner.  Upon review and consideration of 
 12.12  the board's recommendation, the commissioner, with approval from 
 12.13  the commissioner of finance, may adjust the fee amount.  The 
 12.14  monthly fee must not be less than $....... and must not exceed 
 12.15  $........ 
 12.16     Subd. 2.  [COLLECTION.] The fee must be collected as part 
 12.17  of the wireless provider's periodic billing to a subscriber and 
 12.18  shall appear as a line item on each subscriber's periodic 
 12.19  billing statement entitled, "E911 emergency telephone service 
 12.20  fee."  The fee is not subject to sales or use tax.  The 
 12.21  commissioner shall provide at least 90 days' notice to wireless 
 12.22  providers of any change in the fee to allow adjustments to 
 12.23  subscriber billing statements. 
 12.24     Subd. 3.  [DEPOSIT, RETENTION, PAYMENT.] (a) Each wireless 
 12.25  provider shall remit the fee revenues collected from its 
 12.26  subscribers not later than 90 days after the end of the calendar 
 12.27  month in which the fee is collected.  Fee revenues must be 
 12.28  remitted to the department of administration for deposit in the 
 12.29  wireless E911 fund. 
 12.30     (b) Each wireless provider may retain three percent of the 
 12.31  gross quarterly revenues to cover the administrative expenses of 
 12.32  billing, collecting, and remitting the fee. 
 12.33     (c) If a wireless provider receives a partial payment for a 
 12.34  monthly bill from a wireless subscriber, the wireless provider 
 12.35  shall apply the payment against the amount the wireless 
 12.36  subscriber owes the wireless provider before applying the 
 13.1   payment against the fee.  A wireless provider is not liable for 
 13.2   an uncollected fee for which the wireless provider has billed a 
 13.3   subscriber but has not been paid and has no obligation to take 
 13.4   any legal action to enforce the collection of the fee. 
 13.5      Subd. 4.  [REPORTS.] (a) Each wireless provider shall 
 13.6   report to the commissioner and the board on a quarterly basis.  
 13.7   All reports are to remain confidential as described under 
 13.8   section 404.12.  
 13.9      (b) The report must contain: 
 13.10     (1) the total surcharge revenues collected from its 
 13.11  subscribers during the preceding quarter; and 
 13.12     (2) the total amount retained by the wireless carrier of 
 13.13  administration costs to cover the wireless provider's expenses 
 13.14  of billing, collecting, and remitting the wireless E911 fee. 
 13.15     Sec. 15.  [404.06] [WIRELESS 911 ACCOUNT.] 
 13.16     Subdivision 1.  [ACCOUNT ESTABLISHED.] There is established 
 13.17  in the state treasury a separate interest-bearing account from 
 13.18  the general fund to be entitled the "wireless E911 fund."  All 
 13.19  fees collected by wireless providers and remitted to the 
 13.20  department of administration must be deposited in the account 
 13.21  for uses specified by this section.  The funds must be 
 13.22  distributed according to the rules adopted by the department of 
 13.23  administration and pursuant to this chapter. 
 13.24     Subd. 2.  [FUNDING.] At any time, funds appropriated by the 
 13.25  legislature or made available by the federal government for 
 13.26  emergency service telecommunications must be deposited in the 
 13.27  wireless E911 fund and used for the purposes described in this 
 13.28  chapter. 
 13.29     Subd. 3.  [ALLOWABLE COSTS AND PURPOSES.] (a) Funds 
 13.30  collected from the fees imposed pursuant to section 404.05 must 
 13.31  be used only to support wireless E911 services and spent solely 
 13.32  to pay for: 
 13.33     (1) a wireless provider's costs associated with services, 
 13.34  operation, administration, or maintenance of wireless E911 
 13.35  service; 
 13.36     (2) a wireless provider's costs associated with complying 
 14.1   with the requirements of the FCC order, which include the costs 
 14.2   of design, development, upgrades, equipment, and software; 
 14.3      (3) any other costs associated with implementing wireless 
 14.4   E911 service; 
 14.5      (4) the purposes specified in section 403.113, subdivision 
 14.6   3, paragraph (a), including acquisition, upgrade, or 
 14.7   modification of PSAP equipment to be capable of receiving 
 14.8   wireless 911 service information, including necessary computer 
 14.9   hardware, software, and database provisioning, addressing, and 
 14.10  nonrecurring costs of establishing wireless emergency services; 
 14.11     (5) network development, operation, and maintenance; 
 14.12     (6) database development, operation, and maintenance; 
 14.13     (7) on-premises equipment maintenance and operation; and 
 14.14     (8) training emergency services personnel regarding receipt 
 14.15  and use of wireless E911 service information. 
 14.16     (b) Except as provided by this subdivision, no funds may be 
 14.17  spent in contravention of section 403.113, subdivision 3, 
 14.18  paragraph (b). 
 14.19     Subd. 4.  [UNSPENT MONEY DOES NOT LAPSE.] Any unspent funds 
 14.20  in the fund at the end of the fiscal year may not lapse but must 
 14.21  be carried forward to be spent for the purposes described in 
 14.22  this section. 
 14.23     Subd. 5.  [RULEMAKING.] In consultation with the board, the 
 14.24  department of administration may adopt rules governing the 
 14.25  distribution of funds in the wireless E911 fund in conformity 
 14.26  with the purposes of this subdivision and section 404.07 and the 
 14.27  FCC order. 
 14.28     Sec. 16.  [404.07] [DISTRIBUTION.] 
 14.29     Subdivision 1.  [DISTRIBUTION.] Subject to modifications 
 14.30  made pursuant to subdivision 6, the commissioner shall 
 14.31  distribute the wireless fees held in the wireless fund as 
 14.32  specified in this section. 
 14.33     Subd. 2.  [ADMINISTRATIVE EXPENSES.] Two percent of the 
 14.34  fund must be held in escrow in an interest-bearing account to be 
 14.35  used by the board and the commissioner to recover costs 
 14.36  associated with the administration, management, and oversight of 
 15.1   the requirements of this chapter. 
 15.2      Subd. 3.  [WIRELESS PROVIDER REIMBURSEMENT.] (a) Forty-nine 
 15.3   percent of the fund must be held in escrow in an 
 15.4   interest-bearing account to reimburse wireless providers for all 
 15.5   of the eligible costs incurred in order to comply with the FCC 
 15.6   order and this chapter.  Eligible costs include all actual 
 15.7   nonrecurring and recurring costs consistent with the FCC order 
 15.8   and section 404.06, subdivision 3, that are associated with the 
 15.9   delivery of wireless E911 service. 
 15.10     (b) The commissioner shall reimburse each wireless provider 
 15.11  under this subdivision on a monthly basis when the wireless 
 15.12  provider submits an invoice, adequate supporting documentation 
 15.13  of eligible costs incurred, and a statement indicating that the 
 15.14  amount of costs shown on the invoice represent the wireless 
 15.15  provider's eligible costs.  The commissioner shall not approve 
 15.16  an invoice if: 
 15.17     (1) reimbursement of a cost described in the invoice is not 
 15.18  related to compliance with the FCC order or this chapter; or 
 15.19     (2) payment of the invoice would result in payment of more 
 15.20  than 125 percent of the total amount contributed to the wireless 
 15.21  E911 fund by the wireless provider. 
 15.22     (c) Distributions must be made to wireless providers by the 
 15.23  commissioner in a fair and nondiscriminatory manner.  If the 
 15.24  total amount of money requested by a wireless provider pursuant 
 15.25  to invoices submitted to the commissioner exceeds the amount in 
 15.26  the account, wireless providers that have invoices approved for 
 15.27  payment shall receive a pro rata share of the account and the 
 15.28  balance of the payment must be carried over to the following 
 15.29  month or months until all of the approved payments are made.  A 
 15.30  wireless provider must not be denied reimbursement for a 
 15.31  submitted invoice solely because there are insufficient funds in 
 15.32  the account. 
 15.33     Subd. 4.  [CITY AND COUNTY DISBURSEMENTS.] (a) Forty-six 
 15.34  percent of the fund must be distributed monthly to the treasurer 
 15.35  of the counties and cities in the following manner: 
 15.36     (1) one-half of the amount equally to all qualified 
 16.1   counties, the existing ten public safety answering points 
 16.2   operated by the Minnesota state patrol, and each governmental 
 16.3   entity operating the individual public safety answering points 
 16.4   serving the metropolitan airports commission, Red Lake Indian 
 16.5   reservation, and the University of Minnesota police department; 
 16.6   and 
 16.7      (2) the remaining one-half to qualified counties and cities 
 16.8   with existing 911 systems based on each county's or city's 
 16.9   percentage of the total population of qualified counties and 
 16.10  cities.  The population of a qualified city with an existing 
 16.11  system must be deducted from its county's population when 
 16.12  calculating the county's share under this clause if the city 
 16.13  seeks direct distribution of its share. 
 16.14     (b) A county's share must be shared pro rata between the 
 16.15  county and existing city systems in the county.  A county or 
 16.16  city or other governmental entity as described in paragraph (a), 
 16.17  clause (1), shall deposit money received under this subdivision 
 16.18  in an interest-bearing fund or account separate from the 
 16.19  governmental entity's general fund and may use money in the fund 
 16.20  or account only for the purposes specified in section 404.06, 
 16.21  subdivision 3. 
 16.22     (c) No county or city or other governmental entity as 
 16.23  described in this section is qualified to share in the 
 16.24  distribution of money for wireless E911 service until it has 
 16.25  requested wireless E911 service from a wireless provider as 
 16.26  prescribed under the FCC order and until wireless E911 service 
 16.27  is fully implemented and operational.  Distribution to a city or 
 16.28  county must begin the first full month after the city or county 
 16.29  becomes eligible. 
 16.30     (d) For purposes of this subdivision, "existing city 
 16.31  system" and "qualified county or city" have the meanings given 
 16.32  in section 403.113. 
 16.33     Subd. 5.  [RURAL DISBURSEMENTS.] Three percent of the 
 16.34  wireless E911 funds must be held in escrow in an 
 16.35  interest-bearing account to assist eligible rural counties and 
 16.36  wireless providers with costs associated with providing wireless 
 17.1   E911 service.  The commissioner shall disburse funds held in the 
 17.2   account upon submission of funding requests by rural counties or 
 17.3   wireless providers providing service in a rural county.  The 
 17.4   commissioner shall make distributions based on the county or 
 17.5   wireless provider's demonstration of need for additional funding 
 17.6   for costs not covered under subdivisions 3 and 4, paragraph (a). 
 17.7      Subd. 6.  [ALTERATION OF ALLOCATIONS.] After January 1, 
 17.8   2000, the commissioner, based on the recommendation of the 
 17.9   board, may change the percentage allocation as described by this 
 17.10  section with the approval of the commissioner of finance.  The 
 17.11  commissioner shall provide at least 90 days' notice to all 
 17.12  parties described in this section of any change in the 
 17.13  allocation. 
 17.14     Sec. 17.  [404.08] [COMPETITIVELY NEUTRAL IMPLEMENTATION.] 
 17.15     In view of the deregulated and competitive nature of the 
 17.16  wireless industry and the policies articulated in the FCC order, 
 17.17  the provisions of this chapter must be implemented in a 
 17.18  competitively and technologically neutral manner. 
 17.19     Sec. 18.  [404.09] [REQUIREMENTS FOR SERVICE.] 
 17.20     Subdivision 1.  [CONDITIONS.] Pursuant to the FCC order, a 
 17.21  wireless provider is not required to provide wireless E911 
 17.22  service unless the following requirements are satisfied: 
 17.23     (1) the wireless provider has received a written request 
 17.24  from the appropriate county or city for the delivery of the 
 17.25  service to a PSAP that is capable of receiving and using the 
 17.26  data elements associated with the service; and 
 17.27     (2) sufficient funds are available pursuant to section 
 17.28  404.07 to reimburse the wireless provider for all of its costs 
 17.29  for providing the service. 
 17.30     Subd. 2.  [COOPERATION BY TELEPHONE COMPANY.] A telephone 
 17.31  company shall cooperate fully in order to facilitate the 
 17.32  deployment of wireless E911 service, including providing any 
 17.33  necessary collocation or interconnection with wireless 
 17.34  providers, regardless of the technology or service selected. 
 17.35     Sec. 19.  [404.12] [PROTECTION OF PROPRIETARY DATA.] 
 17.36     In recognition of the highly competitive nature of the 
 18.1   wireless telecommunications industry, the public disclosure of 
 18.2   information pertaining to numbers of customers and revenues 
 18.3   collected by wireless providers could be used to the 
 18.4   disadvantage of those providers and could negatively affect 
 18.5   competition to the detriment of the public.  Therefore, all 
 18.6   confidential or proprietary information submitted to the 
 18.7   commissioner, to the board, or to the independent, third-party 
 18.8   auditor as provided by section 404.04, subdivision 3, must be 
 18.9   retained by the commissioner, the board, and the auditor in 
 18.10  confidence.  Notwithstanding any other law to the contrary, 
 18.11  confidential or proprietary information submitted is not subject 
 18.12  to subpoena and must not be otherwise released to any person 
 18.13  other than to the submitting wireless provider, the 
 18.14  commissioner, the board, and the independent, third-party 
 18.15  auditor without the express written permission of the 
 18.16  commissioner and the submitting wireless provider.  General 
 18.17  information collected by the independent, third-party auditor 
 18.18  may only be released or published in aggregate amounts that do 
 18.19  not identify or allow identification of numbers of subscribers 
 18.20  or revenues attributable to an individual wireless provider. 
 18.21     Sec. 20.  [INSTRUCTION TO REVISOR.] 
 18.22     In the Minnesota Statutes 1999 Supplement, the revisor of 
 18.23  statutes shall recodify the section or subdivision in column A 
 18.24  as the section or subdivision shown in column B: 
 18.25            Column A                    Column B 
 18.26            403.08, subd. 7             404.02 
 18.27            403.13                      404.03 
 18.28     The revisor shall make any internal reference and 
 18.29  cross-reference corrections made necessary by this renumbering 
 18.30  instruction.