Key: (1) language to be deleted (2) new language
CHAPTER 372-S.F.No. 2392 An act relating to public safety; modifying emergency 911 telephone system provisions to establish emergency 911 telecommunications system; amending Minnesota Statutes 2000, sections 403.01; 403.02, subdivisions 3, 6, 7, by adding subdivisions; 403.05; 403.06; 403.07; 403.08; 403.09; 403.10, subdivision 1; 403.11, subdivisions 3, 4, by adding subdivisions; 403.113, subdivision 1; Minnesota Statutes 2001 Supplement, section 403.11, subdivision 1; repealing Minnesota Statutes 2000, sections 403.04; 403.11, subdivision 2; 403.113, subdivision 5; 403.12, subdivision 1; 403.13; 403.14; Minnesota Rules, parts 1215.0400; 1215.0600; 1215.0700; 1215.1200, subpart 3; 1215.1500. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2000, section 403.01, is amended to read: 403.01 [911 EMERGENCYTELEPHONETELECOMMUNICATIONS SYSTEM REQUIRED.] Subdivision 1. [GENERAL REQUIREMENT.] Each countyin themetropolitan areashallestablishoperate and maintain a 911 emergencytelephonetelecommunications systemon or beforeDecember 15, 1982 and each remaining county shall establish a911 emergency telephone system on or before December 15, 1986. Subd. 1a. [EMERGENCY TELEPHONE NUMBER 911.] The digits 911, so designated by the Federal Communications Commission, must be the primary emergency telephone number within the system. A public safety agency may maintain a separate secondary backup number for emergency calls and shall maintain a separate number for nonemergency telephone calls. Subd. 2. [MULTIJURISDICTIONAL SYSTEM.] The 911 systems may be multijurisdictional and regional in character provided that design and implementation are preceded by cooperative planning on a county-by-county basis with local public safety agencies. Subd. 3. [WIRELINE REQUIREMENTS.] Every owner and operator of a wireline telecommunications system shall design and maintain the system to dial the 911 number without charge to the caller. Subd. 4. [WIRELESS REQUIREMENTS.] Every owner and operator of a wireless telecommunications system shall design and maintain the system to dial the 911 number without charge to the caller. Subd. 5. [PAY PHONE REQUIREMENTS.] Every pay phone owner and operator shall permit dialing of the 911 number without coin and without charge to the caller. Subd. 6. [MULTISTATION OR PBX SYSTEM.] Every owner and operator of a multistation or private branch exchange (PBX) telecommunications system shall design and maintain the system to dial the 911 number without charge to the caller. Subd. 7. [CONTRACTUAL REQUIREMENT.] (a) The state, together with the county or other governmental agencies operating public safety answering points, shall contract with the appropriate wireline telecommunications service providers for the operation, maintenance, enhancement, and expansion of the 911 system. (b) The state shall contract with the appropriate wireless telecommunications service providers for maintaining, enhancing, and expanding the 911 system. (c) The contract language or subsequent amendments to the contract must include a description of the services to be furnished by wireless and wireline telecommunications service providers to the county or other governmental agencies operating public safety answering points, as well as compensation based on the effective tariff or price list approved by the public utilities commission. 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. (d) The contract language or subsequent amendments to contracts between the parties must contain a provision for resolving disputes. Sec. 2. Minnesota Statutes 2000, section 403.02, subdivision 3, is amended to read: Subd. 3. [PUBLICGOVERNMENTAL AGENCY.] "PublicGovernmental agency" means any unit of local government or special purpose district located in whole or in part within this statewhichthat provides or has authority to provide fire fighting, police, ambulance, medical, or other emergency services. Sec. 3. Minnesota Statutes 2000, section 403.02, subdivision 6, is amended to read: Subd. 6. [MINIMUM911 SERVICE STANDARDS.] "Minimum911 service" means atelephonetelecommunications servicemeetingthe design standards established pursuant to section 403.07,whichthat automatically connects a person dialing the digits 911 to an established public safety answering point.Minimum911 service includes (1) equipment for connecting and outswitching 911 calls within a telephone central office, trunking facilities from the central office to a public safety answering point; (2) equipment, as appropriate, for automatically selectively routing 911 calls in situations where one telephone central office serves more than one public safety answering point; and (3) provision of automatic location identification if the public safety answering point has the capability of providing that service. Sec. 4. Minnesota Statutes 2000, 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 on a special viewing screen the name of the subscriber and theaddresslocation, where available, of the calling telephone number to a person answering a 911 emergency call. Sec. 5. Minnesota Statutes 2000, section 403.02, is amended by adding a subdivision to read: Subd. 11. [WIRELINE TELECOMMUNICATIONS SERVICE PROVIDER.] "Wireline telecommunications service provider" means a person, firm, association, corporation, or other legal entity, however organized, or combination of them, authorized by state or federal regulatory agencies to furnish telecommunications service, including local service, over wireline facilities. Sec. 6. Minnesota Statutes 2000, section 403.02, is amended by adding a subdivision to read: Subd. 12. [WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER.] "Wireless telecommunications service provider" means a provider of commercial mobile radio services, as that term is defined in United States Code, title 47, section 332, subsection (d), including all broadband personal communications services, wireless radio telephone services, geographic area specialized and enhanced specialized mobile radio services, and incumbent wide area specialized mobile radio licensees, that offers real time, two-way voice service interconnected with the public switched telephone network and that is doing business in the state of Minnesota. Sec. 7. Minnesota Statutes 2000, section 403.05, is amended to read: 403.05 [DESIGNOPERATION AND MAINTENANCE OF 911SYSTEM,GENERALLYSYSTEMS.] Subdivision 1. [OPERATE AND MAINTAIN.] Each county or any other governmental agency shalldesignoperate 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 shall ensure that a 911 emergency call made with a wireless access device is automatically connected to and answered by the appropriate public safety answering point. Subd. 2. [REQUIREMENTS.] Each county or any other governmental agency shall maintain and update its 911 system plans as required under Minnesota Rules, chapter 1215. Subd. 3. [AGREEMENTS FOR SERVICE.] Each county and any other governmental agency shall contract with the state and wireline telecommunications service providers for the recurring and nonrecurring costs associated with operating and maintaining 911 emergency communications systems. Sec. 8. Minnesota Statutes 2000, section 403.06, is amended to read: 403.06 [911 SYSTEM PLANNING AND COORDINATIONDEPARTMENT DUTIES.] Subdivision 1. [DUTIES.] The department of administration shall coordinate theimplementationmaintenance of 911 systemson or before the deadlines established in section403.01. The department shall aid counties in the formulation of concepts, methods and procedures which will improve the operation and maintenance of 911 systems. The department shall establish procedures for determining and evaluating requests for variations from the established design standards. The department shall respond to requests by wireless or wireline telecommunications service providers or by counties or other governmental agencies for system agreements, contracts, and tariff language promptly and no later than within 45 days of the request unless otherwise mutually agreed to by the parties. The department shall prepare a biennial budget for maintaining the 911 system. The department shall prepare an annual report to the legislature detailing the expenditures for maintaining the 911 system, the 911 fees collected, the balance of the 911 fund, and the 911-related administrative expenses of the department. The department is authorized to expend funds that have been appropriated to pay for the maintenance, enhancements, and expansion of the 911 system. Subd. 2. [WAIVER.] Any county, other governmental agency, wireless telecommunications service provider, or wireline telecommunications service provider may petition the department of administration for a waiver of all or portions of the requirements. A waiver may be granted upon a demonstration by the petitioner that the requirement is economically infeasible. Sec. 9. Minnesota Statutes 2000, section 403.07, is amended to read: 403.07 [STANDARDS ESTABLISHED; DATA PRIVACY.] Subdivision 1. [RULES.] The department of administration shall establish and adopt in accordance with chapter 14, rules for the administration of this chapter and for the development of 911 systems in the state including: (a) design standards for 911 systems incorporating the standards adopted pursuant to subdivision 2 for the seven-county metropolitan area; and (b) a procedure for determining and evaluating requests for variations from the established design standards. Subd. 2. [DESIGN STANDARDS.] The metropolitancouncil911 board shall establish and adopt design standards for the metropolitan area 911 system and transmit them to the department of administration for incorporation into the rules adopted pursuant to this section. Subd. 3. [DATABASE.] In 911 systems that have been approved by the department of administration for a local location identificationbasedatabase, eachpublic utilityproviding telephonewireline 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 Electronic Communications Privacy Act of 1986, United States Code, title 18, section 2703, subsection (c), paragraph (1), clause (B)(iv). Subd. 4. [USE OF FURNISHED INFORMATION.] Names, addresses, and telephone numbers provided to a 911 system under subdivision 3 are private data and may be used only for identifying the location or identity, or both, of a person calling a 911 public safety answering point. The information furnished under subdivision 3 may not be used or disclosed by 911 system agencies, their agents, or their employees for any other purpose except under a court order. Subd. 5. [LIABILITY.] A wireline telecommunications service provider, its employees, or its agents are not liable to any person who uses enhanced 911 telecommunications service for release of subscriber information required under this chapter to any public safety answering point. Atelephone companyorwireline telecommunications service provider is not liable to any person for the good faith release to emergency communications personnel of information not in the public record, including, but not limited to, nonpublished or nonlisted telephone numbers. A wireline telecommunications service provider, its employees, or its agents are not liable to any person for civil damages resulting from or caused by any act or omission in the development, design, installation, operation, maintenance, performance, or provision of enhanced 911 telecommunications service, except for willful or wanton misconduct. Sec. 10. Minnesota Statutes 2000, section 403.08, is amended to read: 403.08 [911 SYSTEM PLANS SUBMITTED; CHANGE; WAIVERWIRELESS TELECOMMUNICATIONS SERVICE PROVIDER.]Subdivision 1. [TENTATIVE PLAN.] (a) Before December 15,1978, each county shall submit tentative plans for theestablishment of a 911 system to the public utility or utilitiesproviding public telephone service within the county, to thedepartment of administration and to the public utilitiescommission.(b) The department of administration shall review the planfor consistency with the standards adopted pursuant to section403.07 and report its findings to the county within six monthsof receipt of the plan.(c) The public utilities commission shall review the planand comment to the county within six months of the receipt ofthe plan.(d) Each public utility providing telephone service withinthe county shall review the plan and transmit to the county goodfaith estimates of local system implementation expenses withinsix months of the receipt of the plan.Subd. 2. [FINAL PLAN.] (a) Before December 15, 1979, eachcounty shall submit final plans for the establishment of a 911system to the public utility or utilities providing publictelephone service within the county, to the department ofadministration and to the public utilities commission. Thefinal plan shall include a description of all capital andrecurring costs for the proposed 911 system.(b) The department of administration shall review the finalplan for consistency with the standards adopted pursuant tosection 403.07 and approve or disapprove the plan within sixmonths of receipt.(c) The public utilities commission shall review the finalplan and determine that portion of plan implementation capitalcosts which may be applied to the utility company rate base andreport findings to the county within six months of receipt ofthe plan.Subd. 3. [IMPLEMENTATION CONTRACT.] After department ofadministration approval of design and public utilitiescommission report of findings, each county, together with thedepartment of administration and the local governmental units orpublic agencies operating public safety answering points, shallcontract with the appropriate public utility or utilities forthe implementation of the approved 911 system plan.Subd. 4. [EXCEPTION.] Each county implementing a 911system before December 15, 1978, shall submit to the departmentof administration and the public utilities commission in lieu ofthe required plan a report describing the system and stating itsoperational date.Subd. 5. [SYSTEM CHANGE AFTER DECEMBER 14, 1978.] Anysubsequent changes to 911 systems described in subdivision 4shall conform to standards established by the department ofadministration pursuant to section 403.07.Subd. 6. [WAIVER.] After adoption of final 911 systemplans, any county or utility may petition the department ofadministration for a waiver of all or portions of therequirements or time limits of sections 403.01 to 403.08.Waivers shall be granted upon a demonstration by petitioner thatthe requirement is economically infeasible in the sense thatfederal or state funding for the initial capital investmentrequired of the county to implement a 911 system is notavailable.Subd. 7. [CELLULAR OR OTHER NONWIRE PROVIDERDUTIES.](a)Eachcellular and otherwirelessaccesstelecommunications service provider shall cooperate in planning and implementing integration with enhanced 911 systems operating in their service territories to meet Federal Communications Commission-enhanced 911 standards. By August 1, 1997, each 911 emergencytelephonetelecommunications service provider operating enhanced 911 systems, in cooperation with each involvedcellular or otherwirelessaccesstelecommunications service provider, shall develop and provide to the commissioner good-faith estimates of installation and recurring expenses to integratecellularwireless 911 service into the enhanced 911 networks to meet Federal Communications Commission phase one wireless enhanced 911 standards. The commissioner shall coordinate with counties and affected public safety agency representatives in developing a statewide design and plan for implementation.(b)Subd. 8. [SCHEDULE.] Planning shall be completed by October 1, 1997, for the metropolitan area and shall be completed by December 1, 1997, for the areas outside of the metropolitan area.(c)Subd. 9. [SCOPE.] Planning considerations must include cost, degree of integration into existing 911 systems, the retention of existing 911 infrastructure, and the potential implications of phase 2 of the Federal Communications Commission wireless enhanced 911 standards.(d)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 service providers to integrate cellular and other wireless services into existing 911 systems where feasible. Subd. 11. [LIABILITY.] No wireless enhanced 911 emergency telecommunications service provider, its employees, or its agents are liable to any person for civil damages resulting from or caused by any act or omission in the development, design, installation, operation, maintenance, performance, or provision of enhanced 911 wireless service, except for willful or wanton misconduct. No wireless carrier, its employees, or its agents are liable to any person who uses enhanced 911 wireless service for release of subscriber information required under this chapter to any public safety answering point. Subd. 12. [NOTIFICATION OF SUBSCRIBER.] A provider of wireless telecommunications services shall notify its subscribers at the time of initial subscription and four times per year thereafter that a 911 emergency call made from a wireless telephone is not always answered by a local public safety answering point but may be routed to a state patrol dispatcher and that, accordingly, the caller must provide specific information regarding the caller's location. Sec. 11. Minnesota Statutes 2000, section 403.09, is amended to read: 403.09 [ENFORCEMENT.] Subdivision 1. [DEPARTMENT AUTHORITY.] At the request of the department of administration, the attorney general may commence proceedings in the district court against any person or public or private body to enforce the provisions of this chapter. Subd. 2. [PUBLIC UTILITIES COMMISSION AUTHORITY.] At the request of the public utilities commission, the attorney general may commence proceedings before the district court pursuant to section 237.27, against anypublic utility providingtelephonewireline telecommunications servicewhichprovider that refuses to comply with this chapter. Subd. 3. [DISPUTE RESOLUTION.] Disputes between parties must be resolved pursuant to section 403.01, subdivision 7, paragraph (d). Sec. 12. Minnesota Statutes 2000, section 403.10, subdivision 1, is amended to read: Subdivision 1. [AUTHORITY.]In counties implementing 911systems pursuant to sections 403.01 to 403.08,All public agencies and countieswhichthat are part of different 911 systems but share common boundary lines may enter into cooperative agreementswhich shallto provide that once an emergency unit is dispatched in response to a request through the system, the unit shall render its services to the requesting party without regard to jurisdictional boundaries. Sec. 13. Minnesota Statutes 2001 Supplement, section 403.11, subdivision 1, is amended to read: Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each customer of atelephone company or communications carrier thatprovideswireless or wireline telecommunications service provider that furnishes service capable of originating a 911 emergency telephone call is assessed a fee to cover the costs of ongoing maintenance and related improvements for trunking and central office switching equipment forminimum911 emergencytelephonetelecommunications service, plus administrative and staffing costs of the department of administration related to managing the 911 emergencytelephonetelecommunications service program. Recurring charges by apublic utility providingtelephone servicewireline telecommunications service provider for updating the information required by section 403.07, subdivision 3, must be paid by the commissioner of administration if theutilitywireline telecommunications service provider is included in an approved 911 plan and the chargeshave been certified and approved under subdivision 3are made pursuant to tariff, price list, or contract. The commissioner of administration shall transfer an amount equal to two cents a month from the fee assessed under this section oncellular and other nonwire accesswireless telecommunications services to the commissioner of public safety 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 fromcellularwireless phones. (b) Money remaining in the 911 emergencytelephonetelecommunications 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 of administration to provide financial assistance to counties for the improvement of local emergencytelephonetelecommunications services. The improvements may include providing access tominimum911 service fortelephonetelecommunications 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 department.(b)(c) The fee is 27 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 includingcellular and other nonwireaccesswireless telecommunications services. The fee must be the same for all customers.(c)(d) The fee must be collected by eachcompany orcarrier providing servicewireless or wireline telecommunications service provider subject to the fee. Fees are payable to and must be submitted to the commissioner of administration monthly before the 25th of each month following the month of collection, 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 emergencytelephonetelecommunications service account in the special revenue fund. The money in the account may only be used for 911telephonetelecommunications services as provided in paragraph (a).(d)(e) This subdivision does not apply to customers ofatelecommunications carrier as defined in section 237.01,subdivision 6interexchange 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 2000, section 403.11, subdivision 3, is amended to read: Subd. 3. [METHOD OF PAYMENT; CERTIFICATION.]A publicutility(a) Any wireless or wireline telecommunications service provider incurring reimbursable costs under subdivision 1or 2shallcertify those costssubmit an invoice itemizing rate elements by county or service area to the commissioner of administration. The certification shall be in a form asprescribed by the commissioner after consultation with thepublic utilities commission. If the commissioner and thecommission approve the certified costs as appropriate andaccurate,for 911 services furnished under tariff, price list, or contract. Any wireless or wireline 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 thecertified costs from money appropriated for thatpurposeinvoice within9030 days following receiptby thecommissioner of the certified costsof the invoice unless the commissioner notifies the service provider that the commissioner disputes the invoice. (b) The commissioner of administration shall estimate the amount required to reimbursepublic utilitieswireless and wireline telecommunications service providers for the state's obligations undersubdivisionssubdivision 1and 2and the governor shall include the estimated amount in the biennial budget request. Sec. 15. Minnesota Statutes 2000, section 403.11, is amended by adding a subdivision to read: Subd. 3a. [TIMELY CERTIFICATION.] A certification must be submitted to the commissioner of administration no later than two years after commencing a new or additional eligible 911 service. Any wireless or wireline telecommunications service provider incurring reimbursable costs under this section at any time before the effective date of section 14 may certify those costs for payment to the commissioner of administration according to this section for a period of 90 days after the effective date of section 14. During this period, the commissioner of administration shall reimburse any wireless or wireline telecommunications service provider for approved, certified costs without regard to any contrary provision of this subdivision. Sec. 16. Minnesota Statutes 2000, section 403.11, is amended by adding a subdivision to read: Subd. 3b. [CERTIFICATION.] All wireless and wireline telecommunications service providers shall submit a self-certification form signed by an officer of the company to the department with invoices for payment of an initial or changed service described in the service provider's 911 contract. The self-certification shall affirm that the 911 service contracted for is being provided and the costs invoiced for the service are true and correct. All certifications are subject to verification and audit. Sec. 17. Minnesota Statutes 2000, section 403.11, is amended by adding a subdivision to read: Subd. 3c. [AUDIT.] If the commissioner of administration determines that an audit is necessary to document the certification described in subdivision 3b, the wireless or wireline telecommunications service provider must contract with an independent certified public accountant to conduct the audit. The audit must be conducted according to generally accepted accounting principles. The wireless or wireline telecommunications service provider is responsible for any costs associated with the audit. Sec. 18. Minnesota Statutes 2000, section 403.11, subdivision 4, is amended to read: Subd. 4. [LOCAL RECURRING COSTS.] Recurring costs oftelephone communicationstelecommunications equipment and services at public safety answering pointsshallmust be borne by the local governmentalunitagency operating the public safety answering point or allocated pursuant to section 403.10, subdivision 3. Costs attributable to local government electives for servicesbeyond minimum 911 servicenot otherwise addressed under section 403.11 or 403.113shallmust be borne by the governmentalunitagency requesting the elective service. Sec. 19. Minnesota Statutes 2000, section 403.11, is amended by adding a subdivision to read: Subd. 5. [TARIFF NOTIFICATION.] Wireline telecommunications service providers or wireless telecommunications service providers holding eligible telecommunications carrier status shall give notice to the department of administration and any other affected governmental agency of tariff or price list changes related to 911 service at the same time that the filing is made with the public utilities commission. Sec. 20. Minnesota Statutes 2000, section 403.113, subdivision 1, is amended to read: Subdivision 1. [FEE.] (a)In addition to the actual feeassessed under section 403.11,Each customer receivinglocaltelephone service, including cellular or other nonwireservice,from a wireless or wireline telecommunications service provider is assessed a fee to fund implementationand, 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 enhanced feecollected from cellular or other nonwire service customers mustbe collected effective in July 1997 billings.The actual fee assessed under section 403.11 and the enhanced 911 service fee must be collected as one amount and may not exceed the amount specified in section 403.11, subdivision 1, paragraph (b). (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 of the department of administration, in consultation with counties and 911 system users, shall determine the amount of the enhanced 911 service fee and informtelephone companies or communications carrierswireless and wireline 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. 21. [REPEALER.] (a) Minnesota Statutes 2000, sections 403.04; 403.113, subdivision 5; 403.12, subdivision 1; 403.13; and 403.14, are repealed. Section 403.11, subdivision 2, is repealed effective January 1, 2003. (b) Minnesota Rules, parts 1215.0400; 1215.0600; 1215.0700; 1215.1200, subpart 3; and 1215.1500, are repealed. Sec. 22. [EFFECTIVE DATES.] Sections 1 to 13 and 15 to 21 are effective the day following final enactment. Section 14 is effective January 1, 2003. Presented to the governor May 14, 2002 Signed by the governor May 17, 2002, 10:35 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes