403.11 911 SYSTEM COST ACCOUNTING REQUIREMENTS; FEE.
Subdivision 1. Emergency telecommunications service fee; account.
(a) Each customer of
a wireless or wire-line switched or packet-based telecommunications service provider connected
to the public switched telephone network that furnishes service capable of originating a 911
emergency telephone call is assessed a fee based upon the number of wired or wireless telephone
lines, or their equivalent, to cover the costs of ongoing maintenance and related improvements
for trunking and central office switching equipment for 911 emergency telecommunications
service, to offset administrative and staffing costs of the commissioner related to managing
the 911 emergency telecommunications service program, to make distributions provided for in
, and to offset 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 65 cents a month until June 30,
2008, not less than eight cents nor more than 75 cents a month until June 30, 2009, not less than
eight cents nor more than 85 cents a month until June 30, 2010, and not less than eight cents nor
more than 95 cents a month on or after July 1, 2010, 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
collected. 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. The fee must be the same for all customers.
(d) The fee must be collected 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 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 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 are eligible for payment by the commissioner if the 911 service provider is included in
the statewide design plan and the charges are made pursuant to contract.
(g) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.
Subd. 1a. Fee collection declaration.
If the commissioner disputes the accuracy
of a fee submission or if no fees are submitted by a wireless, wire-line, or packet-based
telecommunications service provider, the wireless, wire-line, or packet-based telecommunications
service provider shall submit a sworn declaration signed by an officer of the company certifying,
under penalty of perjury, that the information provided with the fee submission is true and correct.
The sworn declaration must specifically describe and affirm that the 911 fee computation is
complete and accurate. When a wireless, wire-line, or packet-based telecommunications service
provider fails to provide a sworn declaration within 90 days of notice by the commissioner
that the fee submission is disputed, the commissioner may estimate the amount due from the
wireless, wire-line, or packet-based telecommunications service provider and refer that amount
for collection under section
Subd. 1b. Examination of fees.
If the commissioner determines that an examination
is necessary to document the fee submission and sworn declaration in subdivision 1a, the
wireless, wire-line, or packet-based telecommunications service provider must contract with an
independent certified public accountant to conduct an examination of fees. The examination must
be conducted in accordance with attestation audit standards.
Subd. 2.[Repealed, 2002 c 372 s 21
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 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. 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 911 emergency
telecommunications service providers and 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.
Subd. 3a. Timely invoices.
An invoice for services provided for in the contract with a
wireless or wire-line telecommunications service provider must be submitted to the commissioner
no later than 90 days after commencing a new or additional eligible 911 service. Each applicable
contract must provide that, if certified expenses under the contract deviate from estimates in the
contract by more than ten percent, the commissioner may reduce the level of service without
incurring any termination fees.
Subd. 3b. Declaration.
If the commissioner disputes an invoice, the wireless and wire-line
telecommunications service providers shall submit a declaration under section
by an officer of the company with the invoices for payment of service described in the service
provider's 911 contract. The sworn declaration must specifically describe and affirm that the
911 service contracted for is being provided and the costs invoiced for the service are true and
correct. When a wireless or wire-line telecommunications service provider fails to provide a
sworn declaration within 90 days of notice by the commissioner that the invoice is disputed, the
disputed amount of the invoice must be disallowed.
Subd. 3c. Audit.
If the commissioner determines that an audit is necessary to document the
invoice and sworn declaration in subdivision 3b, the wireless or wire-line 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 wire-line telecommunications service provider is responsible for any costs associated
with the audit.
Subd. 4. Local recurring costs.
Recurring costs of telecommunications equipment and
services at public safety answering points must be borne by the local governmental agency
operating the public safety answering point or allocated pursuant to section
403.10, subdivision 3
Costs attributable to local government electives for services not otherwise addressed under section
must be borne by the governmental agency requesting the elective service.
Subd. 5. Tariff notification.
Wire-line telecommunications service providers or wireless
telecommunications service providers holding eligible telecommunications carrier status shall
give notice to the commissioner 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
History: 1977 c 311 s 11; 1978 c 680 s 1; 1980 c 614 s 123,147; 1Sp1985 c 13 s 330;
1987 c 404 s 174; 1989 c 335 art 4 s 85; 1990 c 543 s 4; 1994 c 616 s 7,8; 1994 c 634 art 1 s
22; 1995 c 265 art 2 s 29; 1997 c 202 art 3 s 21; 1Sp2001 c 10 art 2 s 78; 2002 c 372 s 13-19;
2002 c 401 art 1 s 3; 1Sp2003 c 1 art 2 s 108,135; 2005 c 136 art 10 s 12-14; 2006 c 260 art 6 s
6-10; 2007 c 54 art 8 s 3-5