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House Journal: Page 1144: Wednesday, April 1, 1998

25   costs to deliver E911 services.  The administrator
26   shall assure that wireless carriers recover all
27   eligible costs associated with the implementation and
28   operation of E911 services, including but not limited
29   to hardware, software, and transport costs.  The
30   administrator shall adopt rules defining eligible
31   costs which are consistent with federal law,
32   regulations, and any order of a federal agency.
33     (2)  The administrator shall provide for the
34   reimbursement of wireless carriers on a quarterly
35   basis.  If the total amount of moneys available in the
36   fund for the reimbursement of wireless carriers
37   pursuant to subparagraph (1) is insufficient to
38   reimburse all wireless carriers for such carriers'
39   eligible expenses, the administrator shall remit an
40   amount to each wireless carrier equal to the
41   percentage of such carrier's eligible expenses as
42   compared to the total of all eligible expenses for all
43   wireless carriers for the calendar quarter during
44   which such expenses were submitted.
45     c.  (1)  The remainder of the surcharge collected
46   shall be remitted to the administrator for
47   distribution to the joint E911 service boards and the
48   department of public safety pursuant to subparagraph
49   (2) to be used for the implementation of enhanced
50   wireless communications capabilities.

Page 5

 1     (2)  The administrator, in consultation with the
 2   E911 communications council, shall adopt rules
 3   pursuant to chapter 17A governing the distribution of
 4   the surcharge collected and distributed pursuant to
 5   this lettered paragraph.  The rules shall include
 6   provisions that all joint E911 service boards and the
 7   department of public safety which answer or service
 8   wireless E911 calls are eligible to receive an
 9   equitable portion of the receipts.
10     A joint E911 service board or the department of
11   public safety, to receive funds from the E911
12   emergency communications fund, must submit a written
13   request for such funds to the administrator in a form
14   as approved by the administrator.  A request shall be
15   for funding under an approved E911 service plan for
16   equipment which is directly related to the reception
17   and disposition of incoming wireless E911 calls.  The
18   administrator may approve the distribution of funds
19   pursuant to such request if the administrator finds
20   that the requested funding is for equipment necessary
21   for the reception and disposition of such calls and
22   that sufficient funds are available for such
23   distribution.
24     If insufficient funds are available to fund all

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