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HB 499: "An Act relating to 911 systems."

00 HOUSE BILL NO. 499 01 "An Act relating to 911 systems." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 29.35.131(a) is amended to read: 04 (a) A municipality may, by resolution or ordinance, elect to provide an 05 enhanced 911 system at public safety answering points, may purchase or lease the 06 enhanced 911 equipment or service required to establish or maintain an enhanced 911 07 system at public safety answering points from a local exchange telephone company or 08 other qualified vendor, and may impose an enhanced 911 surcharge, in an amount to 09 be determined by the municipality, on all local exchange access lines that provide 10 telephone service to wireline telephones in the area to be served by the enhanced 911 11 system. A municipality that provides services under an enhanced 911 system may also 12 by resolution or ordinance impose an enhanced 911 surcharge on each wireless 13 telephone number that is billed to an address within the enhanced 911 service area. 14 An [FOR A MUNICIPALITY WITH A POPULATION OF 100,000 OR MORE, AN 15 ENHANCED 911 SURCHARGE MAY NOT EXCEED 50 CENTS PER MONTH

01 FOR EACH WIRELESS TELEPHONE NUMBER OR 50 CENTS PER MONTH 02 FOR EACH LOCAL EXCHANGE ACCESS LINE FOR WIRELINE 03 TELEPHONES. FOR A MUNICIPALITY WITH FEWER THAN 100,000 PEOPLE, 04 AN] enhanced 911 surcharge may not exceed $2.00 a [75 CENTS PER] month for 05 each wireless telephone number or $2.00 a [75 CENTS PER] month for each local 06 exchange access line for wireline telephones. An enhanced 911 service area may be all 07 of a city, all of a unified municipality, or all or part of the area within a borough and 08 may include the extraterritorial jurisdiction of a municipality in accordance with 09 AS 29.35.020. The governing body of a municipality shall review an enhanced 911 10 surcharge annually to determine whether the current level of the surcharge is adequate, 11 excessive, or insufficient to meet anticipated enhanced 911 system needs. The 12 municipality may only use the enhanced 911 surcharge for the enhanced 911 system. 13 * Sec. 2. AS 29.35.131(b) is amended to read: 14 (b) A local exchange telephone company providing service in a municipality 15 that has imposed an enhanced 911 surcharge shall bill each month and collect the 16 surcharge from customers in the enhanced 911 service area. A wireless telephone 17 company that provides telephone service to wireless telephone customers with billing 18 addresses within the enhanced 911 service area shall impose an enhanced 911 19 surcharge each month and collect the surcharge from customers in the enhanced 911 20 service area. A local exchange telephone customer may not be subject to more than 21 one enhanced 911 surcharge on a local exchange access line for a wireline telephone. 22 A wireless telephone customer may not be subject to more than one enhanced 911 23 surcharge for each wireless telephone number. [A CUSTOMER THAT HAS MORE 24 THAN 100 LOCAL EXCHANGE ACCESS LINES FROM A LOCAL EXCHANGE 25 TELEPHONE COMPANY IN THE MUNICIPALITY IS LIABLE FOR THE 26 ENHANCED 911 SURCHARGE ONLY ON 100 LOCAL EXCHANGE ACCESS 27 LINES.] 28 * Sec. 3. AS 29.35.131(c) is amended to read: 29 (c) A local exchange telephone company or wireless telephone company shall 30 include the appropriate enhanced 911 surcharge, stated separately and included in the 31 total amount owed, in the bills delivered to its customers. The Regulatory Commission

01 of Alaska may not consider the enhanced 911 surcharge as revenue of the telephone 02 company [AND HAS NO JURISDICTION OVER AN ENHANCED 911 SYSTEM]. 03 A customer is liable for payment of the enhanced 911 surcharge in the amounts billed 04 by the telephone company until the amounts have been paid to the telephone company. 05 * Sec. 4. AS 29.35.131(d) is amended to read: 06 (d) A local exchange telephone company or wireless telephone company that 07 has collected the enhanced 911 surcharge shall remit the amounts collected to the 08 municipality not [NO] later than 60 days after the end of the month in which the 09 amount was collected. From each remittance made in a timely manner under this 10 subsection, the telephone company is entitled to deduct and retain the greater of one 11 percent of the collected amount or $150 as the cost of administration for collecting the 12 enhanced 911 surcharge. In addition, a wireless telephone company is entitled to full 13 recovery of the recurring and nonrecurring costs associated with implementation and 14 operation of Phase I and Phase II E911 service as allowed under Federal 15 Communications Commission proceedings entitled "Revision of the Commission's 16 Rules to Ensure Compatibility with Enhanced 9-1-1 Emergency Calling Systems" (CC 17 Docket No. 94-102; RM-8143). 18 * Sec. 5. AS 29.35.131 is amended by adding new subsections to read: 19 (i) A municipality may by ordinance elect to impose a point-of-purchase 911 20 surcharge from prepaid wireless telephone accounts not to exceed one percent of the 21 purchase value. The surcharge must apply to initial purchases and to subsequent 22 purchases of air time. The retailer of the wireless account is responsible for remitting 23 the surcharge to the municipality. 24 (j) To enable each municipality to qualify for grant funding, the governor is 25 responsible for certifying the collection and use of all 911 surcharges. 26 * Sec. 6. AS 29.35 is amended by adding a new section to read: 27 Sec. 29.35.134. Multi-line telecommunications systems. A municipality 28 may by ordinance elect to require an enhanced 911 system from a multi-line 29 telecommunications system. A multi-line telecommunications system operator must 30 arrange to update the automatic location identification database with an appropriate 31 master street address guide valid address and callback number for each multi-line

01 telecommunications system telephone, so that the location information specifies the 02 emergency response location of the caller. A multi-line telecommunications system 03 operator is considered to be in compliance with this section when the multi-line 04 telecommunications system complies with E911 generally accepted industry standards 05 as defined by the Regulatory Commission of Alaska. For purposes of this section, 06 (1) "call back number" means a number used by the public safety 07 answering point to re-contact the location from which a 911 call is placed; the number 08 may or may not be the number of the station used to originate the 911 call; 09 (2) "emergency response location" means the location to which a 911 10 emergency response team may be dispatched that is specific enough to provide a 11 reasonable opportunity for the emergency response team to quickly locate a caller 12 anywhere within it; 13 (3) "master street address guide" means a database of formatted street 14 names, numerical addresses or address ranges, and other parameters defining valid 15 locations and emergency services zones, and their associated emergency services 16 numbers, that enables the proper routing and response to 911 calls; 17 (4) "multi-line telephone system" means a system made up of common 18 control units, telephone sets, and control hardware and software, including network 19 and premises based systems such as Centrex and PBX, Hybrid, and Key Telephone 20 Systems, as classified by the Federal Communications Commission under Part 68 21 Requirements, and including systems owned or leased by governmental agencies or 22 nonprofit entities, as well as for profit entities; 23 (5) "multi-line telephone system operator" means an entity that owns, 24 leases, or rents from a third party, and operates a multi-line telephone system through 25 which a caller may place a 911 call through a public switched network. 26 * Sec. 7. AS 42.05 is amended by adding a new section to read: 27 Sec. 42.05.295. Routing 911 calls. Notwithstanding AS 42.05.711, to ensure 28 statewide access by all residents to 911 wireline services, traditional or enhanced, each 29 local exchange telephone company that provides wireline service to an area outside a 30 municipality must route all 911 calls originating from within its customer service base 31 to a public safety answering point. In this section, "municipality" has the meaning

01 given in AS 29.35.137.