2002 Minnesota Statutes

     403.11 911 system cost accounting requirements; fee. 

    Subdivision 1.    Emergency telecommunications service 
 fee.  (a) Each customer of a wireless or wire line 
 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 for 911 emergency telecommunications service, plus 
 administrative and staffing costs of the department of 
 administration 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 of administration 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 commissioner of administration shall 
 transfer an amount equal to two cents a month from the fee 
 assessed under this section on wireless 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 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 of 
 administration 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 department. 

    (c) The fee may not be less than eight cents nor more than 
 33 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 
 administration shall establish the amount of the fee within the 
 limits specified and inform the companies and carriers of the 
 amount to be collected.  The commissioner shall provide 
 companies and carriers a minimum of 45 days' notice of each fee 
 change.  For fiscal year 2003, the commissioner of 
 administration shall provide a minimum of 35 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 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 emergency 
 telecommunications service account in the special revenue fund.  
 The money in the account may only be used for 911 
 telecommunications services as provided in paragraph (a). 

    (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. 

    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 of 
 administration 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 of administration shall estimate the 
 amount required to reimburse 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 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 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 of administration according to this section 
 for a period of 90 days after January 1, 2003.  During this 
 period, the commissioner of administration shall reimburse any 
 wireless or wire line telecommunications service provider for 
 approved, certified costs without regard to any contrary 
 provision of this subdivision. 

    Subd. 3b.    Certification.  All wireless and wire line 
 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. 

    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 
 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 403.11 or 403.113 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 
 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. 

    HIST: 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