2003 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 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 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 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 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 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 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 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. 

    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 commissioner 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 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 
 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 
 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; 1Sp2003 c 1 art 2 s 
 108,135