Senate
Study
Bill
3170
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
enhanced
911
emergency
communication
1
systems,
including
surcharges
and
the
allocation
of
moneys
2
collected
from
such
surcharges.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6024SC
(3)
84
rn/nh
S.F.
_____
Section
1.
Section
34A.2,
Code
2011,
is
amended
to
read
as
1
follows:
2
34A.2
Definitions.
3
As
used
in
this
chapter
,
unless
the
context
otherwise
4
requires:
5
1.
“Access
line”
means
an
exchange
access
line
that
has
the
6
ability
to
access
dial
tone
and
reach
a
public
safety
answering
7
point.
8
2.
“Administrator”
means
the
administrator
of
the
homeland
9
security
and
emergency
management
division
of
the
department
10
of
public
defense.
11
3.
“Communications
service”
means
a
service
capable
12
of
accessing,
connecting
with,
or
interfacing
with
a
911
13
system
by
dialing,
initializing,
or
otherwise
activating
14
the
system
exclusively
through
the
digits
911
by
means
of
a
15
local
telephone
device,
cellular
telephone
device,
wireless
16
communications
device,
or
alternative
means
to
be
designated
by
17
the
homeland
security
and
emergency
management
division
of
the
18
department
of
public
defense
by
rule.
19
4.
“Communications
service
provider”
means
a
service
20
provider,
public
or
private,
that
transports
information
21
electronically
via
landline,
wireless,
internet,
cable,
or
22
satellite.
23
3.
5.
“Competitive
local
exchange
service
provider”
means
24
the
same
as
defined
in
section
476.96
.
25
4.
“Emergency
911
notification
device”
means
a
product
26
capable
of
accessing
a
public
safety
answering
point
through
27
the
911
system.
28
6.
“Emergency
communications
service
surcharge”
means
a
29
charge
established
by
the
program
manager
in
accordance
with
30
section
34A.7A.
31
5.
7.
“Enhanced
911”
or
“E911”
means
a
service
that
32
provides
the
user
of
a
communications
service
with
the
ability
33
to
reach
a
public
safety
answering
point
by
dialing
using
the
34
digits
911,
and
that
has
the
following
additional
features:
35
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_____
a.
Routes
an
incoming
911
call
to
the
appropriate
public
1
safety
answering
point.
2
b.
Automatically
provides
voice,
displays
the
name,
address
3
or
location,
and
telephone
number
of
an
incoming
911
call
and
4
public
safety
agency
servicing
the
location.
5
6.
8.
“Enhanced
911
service
area”
means
the
geographic
6
area
to
be
serviced,
or
currently
serviced
under
an
enhanced
7
911
service
plan,
provided
that
an
enhanced
911
service
area
8
must
at
minimum
encompass
one
entire
county.
The
enhanced
911
9
service
area
may
encompass
more
than
one
county,
and
need
not
10
be
restricted
to
county
boundaries.
11
7.
9.
“Enhanced
911
service
plan”
means
a
plan
that
12
includes
the
following
information:
13
a.
A
description
of
the
enhanced
911
service
area.
14
b.
A
list
of
all
public
and
private
safety
agencies
within
15
the
enhanced
911
service
area.
16
c.
The
number
of
public
safety
answering
points
within
the
17
enhanced
911
service
area.
18
d.
Identification
of
the
agency
responsible
for
management
19
and
supervision
of
the
enhanced
911
emergency
communication
20
system.
21
e.
(1)
A
statement
of
estimated
costs
to
be
incurred
by
the
22
joint
E911
service
board
or
the
department
of
public
safety,
23
including
separate
estimates
of
the
following:
24
(a)
Nonrecurring
costs,
including
,
but
not
limited
to
,
25
public
safety
answering
points,
network
equipment,
software,
26
database,
addressing,
initial
training,
and
other
capital
and
27
start-up
expenditures,
including
the
purchase
or
lease
of
28
subscriber
names,
addresses,
and
telephone
information
from
the
29
local
exchange
service
provider.
30
(b)
Recurring
costs,
including
,
but
not
limited
to
,
network
31
access
fees
and
other
telephone
charges,
software
including
32
mass
notification
systems
,
equipment,
and
database
management,
33
and
maintenance,
including
the
purchase
or
lease
of
subscriber
34
names,
addresses,
and
telephone
information
from
the
local
35
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_____
exchange
service
provider.
Recurring
costs
shall
not
include
1
personnel
costs
for
a
public
safety
answering
point.
2
(2)
Funds
deposited
in
an
E911
service
fund
are
appropriated
3
and
shall
be
used
for
the
payment
of
costs
that
are
limited
4
to
nonrecurring
and
recurring
costs
directly
attributable
to
5
the
provision
receipt
and
disposition
of
the
911
emergency
6
telephone
communication
service
call
and
may
include
costs
7
for
portable
and
vehicle
radios,
communication
towers
8
and
associated
equipment,
and
other
radios
and
associated
9
equipment
permanently
located
at
the
public
safety
answering
10
point
and
as
directed
by
either
the
joint
E911
service
board
11
or
the
department
of
public
safety.
Costs
do
not
include
12
expenditures
for
any
other
purpose,
and
specifically
exclude
13
costs
attributable
to
other
emergency
services
or
expenditures
14
for
buildings
or
personnel,
except
for
the
costs
of
personnel
15
for
database
management
and
personnel
directly
associated
with
16
addressing.
17
f.
Current
equipment
operated
by
affected
local
exchange
18
service
providers,
and
central
office
equipment
and
technology
19
upgrades
necessary
for
the
provider
to
implement
enhanced
911
20
service
within
the
enhanced
911
service
area.
21
g.
A
schedule
for
implementation
of
the
plan
throughout
22
the
E911
service
area.
The
schedule
may
provide
for
phased
23
implementation.
24
h.
The
number
of
telephone
access
lines
capable
of
access
to
25
911
in
the
enhanced
911
service
area.
26
i.
The
total
property
valuation
in
the
enhanced
911
service
27
area.
28
8.
10.
“Local
exchange
carrier”
means
the
same
as
defined
29
in
section
476.96
.
30
9.
11.
“Local
exchange
service
provider”
means
a
vendor
31
engaged
in
providing
telecommunications
service
between
32
points
within
an
exchange
and
includes
but
is
not
limited
to
33
a
competitive
local
exchange
service
provider
and
a
local
34
exchange
carrier.
35
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_____
10.
12.
“Program
manager”
means
the
E911
program
manager
1
appointed
pursuant
to
section
34A.2A
.
2
11.
13.
“Provider”
means
a
vendor
who
provides,
or
offers
3
to
provide,
E911
equipment,
installation,
maintenance,
or
4
exchange
access
services
within
the
enhanced
911
service
area.
5
12.
14.
“Public
or
private
safety
agency”
means
a
unit
of
6
state
or
local
government,
a
special
purpose
district,
or
a
7
private
firm
which
provides
or
has
the
authority
to
provide
8
fire
fighting,
police,
ambulance,
emergency
medical
services,
9
or
hazardous
materials
response.
10
13.
15.
“Public
safety
answering
point”
means
a
11
twenty-four-hour
public
safety
communications
facility
that
12
receives
enhanced
911
service
calls
and
directly
dispatches
13
emergency
response
services
or
relays
calls
to
the
appropriate
14
public
or
private
safety
agency.
15
16.
“Wireless
communications
service”
means
commercial
16
mobile
radio
service,
as
defined
under
sections
3(27)
and
17
332(d)
of
the
federal
Telecommunications
Act
of
1996,
47
U.S.C.
18
§
151
et
seq.;
federal
communications
commission
rules;
and
19
the
federal
Omnibus
Budget
Reconciliation
Act
of
1993,
Pub.
20
L.
No.
103-66.
“Wireless
communications
service”
includes
any
21
wireless
two-way
communications
used
in
cellular
telephone
22
service,
personal
communications
service,
or
the
functional
or
23
competitive
equivalent
of
a
radio-telephone
communications
line
24
used
in
cellular
telephone
service,
a
personal
communications
25
service,
or
a
network
access
line.
“Wireless
communications
26
service”
does
not
include
a
service
whose
customers
do
not
27
have
access
to
911
or
911-like
service,
a
communications
28
channel
utilized
only
for
data
transmission,
or
a
private
29
telecommunications
system.
30
17.
“Wireless
communications
service
provider”
means
a
31
company
that
offers
wireless
communications
service
to
users
32
of
wireless
devices
including
but
not
limited
to
cellular,
33
personal
communications
services,
mobile
satellite
services,
34
and
enhanced
specialized
mobile
radio.
35
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_____
14.
18.
“Wireless
E911
phase
1”
means
a
911
call
made
1
from
a
wireless
device
in
which
the
wireless
service
provider
2
delivers
the
call-back
number
and
address
of
the
tower
that
3
received
the
call
to
the
appropriate
public
safety
answering
4
point.
5
15.
19.
“Wireless
E911
phase
2”
means
a
911
call
made
6
from
a
wireless
device
in
which
the
wireless
service
provider
7
delivers
the
call-back
number
and
the
latitude
and
longitude
8
coordinates
of
the
wireless
device
to
the
appropriate
public
9
safety
answering
point.
10
16.
20.
“Wire-line
E911
service
surcharge”
is
means
a
charge
11
set
by
the
E911
service
area
operating
authority
and
assessed
12
on
each
wire-line
access
line
which
physically
terminates
13
within
the
E911
service
area
in
accordance
with
section
34A.7
.
14
Sec.
2.
Section
34A.3,
subsection
4,
Code
2011,
is
amended
15
to
read
as
follows:
16
4.
Participation
in
joint
E911
service
board
required.
A
17
political
subdivision
or
state
agency
having
a
public
safety
18
agency
within
its
territory
or
jurisdiction
shall
participate
19
in
a
joint
E911
service
board
and
cooperate
in
maintaining
the
20
E911
service
plan.
21
Sec.
3.
Section
34A.6,
subsection
1,
Code
2011,
is
amended
22
to
read
as
follows:
23
1.
Before
a
joint
E911
service
board
may
request
imposition
24
of
the
wire-line
surcharge
by
the
program
manager,
the
board
25
shall
submit
the
following
question
to
voters,
as
provided
26
in
subsection
2
,
in
the
proposed
E911
service
area,
and
the
27
question
shall
receive
a
favorable
vote
from
a
simple
majority
28
of
persons
submitting
valid
ballots
on
the
following
question
29
within
the
proposed
E911
service
area:
30
Shall
the
following
public
measure
be
adopted?
31
YES
...
32
NO
...
33
Enhanced
911
emergency
telephone
service
shall
be
funded,
34
in
whole
or
in
part,
by
a
monthly
surcharge
of
(an
amount
35
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_____
determined
by
the
local
joint
E911
service
board
of
up
to
one
1
dollar)
on
each
telephone
access
line
collected
as
part
of
each
2
telephone
subscriber’s
monthly
phone
bill
if
provided
within
3
(description
of
the
proposed
E911
service
area).
4
Sec.
4.
Section
34A.6A,
Code
2011,
is
amended
to
read
as
5
follows:
6
34A.6A
Alternative
surcharge.
7
Notwithstanding
section
34A.6
,
the
board
may
request
8
imposition
of
a
wire-line
surcharge
in
an
amount
up
to
two
9
dollars
and
fifty
cents
per
month
on
each
telephone
access
10
line.
The
board
shall
submit
the
question
of
the
surcharge
11
to
voters
in
the
same
manner
as
provided
in
section
34A.6
.
12
If
approved,
the
surcharge
may
be
collected
for
a
period
of
13
twenty-four
months.
At
the
end
of
the
twenty-four-month
14
period,
the
rate
of
the
surcharge
shall
revert
to
one
dollar
15
per
month,
per
access
line.
16
Sec.
5.
Section
34A.7,
subsection
1,
paragraph
a,
17
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
18
follows:
19
To
encourage
local
implementation
of
E911
service,
one
20
source
of
funding
for
E911
emergency
telephone
communication
21
systems
shall
come
from
a
surcharge
per
month,
per
access
22
line
on
each
access
line
subscriber,
except
as
provided
in
23
subsection
5
,
equal
to
the
lowest
amount
of
the
following:
24
Sec.
6.
Section
34A.7,
subsection
2,
paragraph
b,
Code
2011,
25
is
amended
to
read
as
follows:
26
b.
A
local
exchange
service
provider
is
not
liable
for
an
27
uncollected
surcharge
for
which
the
local
exchange
service
28
provider
has
billed
a
subscriber
but
not
been
paid.
The
29
surcharge
shall
appear
as
a
single
line
item
on
a
subscriber’s
30
periodic
billing
entitled,
“E911
emergency
telephone
31
communications
service
surcharge”.
32
Sec.
7.
Section
34A.7A,
Code
2011,
is
amended
to
read
as
33
follows:
34
34A.7A
Wireless
Emergency
communications
service
surcharge
——
35
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_____
fund
established
——
distribution
and
permissible
expenditures.
1
1.
a.
Notwithstanding
section
34A.6
,
the
administrator
2
shall
adopt
by
rule
a
monthly
surcharge
of
up
to
sixty-five
3
cents
to
be
imposed
on
each
wireless
communications
service
4
number
provided
in
this
state.
The
surcharge
shall
be
imposed
5
uniformly
on
a
statewide
basis
and
simultaneously
on
all
6
wireless
communications
service
numbers
as
provided
by
rule
7
of
the
administrator.
The
surcharge
shall
not
be
imposed
on
8
wire-line-based
communications.
9
b.
The
program
manager
shall
provide
no
less
than
one
10
hundred
days’
notice
of
the
surcharge
to
be
imposed
to
each
11
wireless
communications
service
provider.
The
program
manager,
12
subject
to
the
sixty-five
cent
limit
in
paragraph
“a”
,
may
13
adjust
the
amount
of
the
surcharge
as
necessary,
but
no
more
14
than
once
in
any
calendar
year.
15
c.
(1)
The
surcharge
shall
be
collected
as
part
of
the
16
wireless
communications
service
provider’s
periodic
billing
17
to
a
subscriber.
The
surcharge
shall
appear
as
a
single
18
line
item
on
a
subscriber’s
periodic
billing
indicating
that
19
the
surcharge
is
for
E911
emergency
telephone
communications
20
service.
In
the
case
of
a
prepaid
wireless
telephone
21
communications
service
or
device
,
this
surcharge
shall
be
22
remitted
based
upon
the
address
associated
with
the
point
23
of
purchase,
the
customer
billing
address,
or
the
location
24
associated
with
the
mobile
telephone
number
device
for
each
25
active
prepaid
wireless
telephone
device
that
has
a
sufficient
26
positive
balance
as
of
the
last
days
of
the
information,
if
27
that
information
is
available.
28
(2)
In
compensation
for
the
costs
of
billing
and
collection,
29
the
wireless
communications
service
provider
may
retain
one
30
percent
of
the
gross
surcharges
collected.
31
(3)
The
surcharges
shall
be
remitted
quarterly
by
the
32
wireless
communications
service
provider
to
the
program
manager
33
for
deposit
into
the
fund
established
in
subsection
2
.
34
(4)
A
wireless
communications
service
provider
is
not
35
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_____
liable
for
an
uncollected
surcharge
for
which
the
wireless
1
communications
service
provider
has
billed
a
subscriber
but
2
which
has
not
been
paid.
3
2.
Moneys
collected
pursuant
to
subsection
1
shall
be
4
deposited
in
a
separate
wireless
E911
emergency
communications
5
fund
within
the
state
treasury
under
the
control
of
the
program
6
manager.
Section
8.33
shall
not
apply
to
moneys
in
the
fund.
7
Moneys
earned
as
income,
including
as
interest,
from
the
fund
8
shall
remain
in
the
fund
until
expended
as
provided
in
this
9
section
.
Moneys
in
the
fund
shall
be
expended
and
distributed
10
in
the
following
priority
order:
11
a.
An
amount
as
appropriated
by
the
general
assembly
to
12
the
administrator
shall
be
allocated
to
the
administrator
and
13
program
manager
for
implementation,
support,
and
maintenance
of
14
the
functions
of
the
administrator
and
program
manager
and
to
15
employ
the
auditor
of
state
to
perform
an
annual
audit
of
the
16
wireless
E911
emergency
communications
fund.
17
b.
The
program
manager
shall
allocate
twenty-one
percent
of
18
the
total
amount
of
surcharge
generated
to
wireless
carriers
19
to
recover
their
costs
to
deliver
wireless
E911
phase
1
20
services.
If
the
allocation
in
this
paragraph
is
insufficient
21
to
reimburse
all
wireless
carriers
for
such
carrier’s
eligible
22
expenses,
the
program
manager
shall
allocate
a
prorated
amount
23
to
each
wireless
carrier
equal
to
the
percentage
of
such
24
carrier’s
eligible
expenses
as
compared
to
the
total
of
all
25
eligible
expenses
for
all
wireless
carriers
for
the
calendar
26
quarter
during
which
such
expenses
were
submitted.
When
27
prorated
expenses
are
paid,
the
remaining
unpaid
expenses
shall
28
no
longer
be
eligible
for
payment
under
this
paragraph.
29
c.
The
program
manager
shall
reimburse
wire-line
carriers
30
communication
service
providers
on
a
calendar
quarter
basis
for
31
carriers’
eligible
expenses
for
transport
costs
between
the
32
selective
router
and
the
public
safety
answering
points
related
33
to
the
delivery
of
wireless
E911
phase
1
services.
34
d.
The
program
manager
shall
reimburse
wire-line
35
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carriers
and
third-party
E911
automatic
location
information
1
database
providers
on
a
calendar
quarterly
basis
for
the
2
costs
of
maintaining
and
upgrading
the
E911
components
and
3
functionalities
beyond
the
input
to
the
E911
selective
router,
4
including
the
E911
selective
router
and
the
automatic
location
5
information
database.
6
e.
The
program
manager
shall
apply
an
amount
up
to
7
five
hundred
thousand
dollars
per
calendar
quarter
to
any
8
outstanding
wireless
E911
phase
1
obligations
incurred
pursuant
9
to
this
chapter
prior
to
July
1,
2004.
10
f.
e.
(1)
The
program
manager
shall
allocate
an
amount
up
11
to
one
hundred
fifty-nine
thousand
dollars
per
calendar
quarter
12
equally
to
the
joint
E911
service
boards
and
the
department
of
13
public
safety
that
have
submitted
an
annual
written
request
to
14
the
program
manager
in
a
form
approved
by
the
program
manager
15
by
May
15
of
each
year.
The
program
manager
shall
allocate
to
16
each
joint
E911
service
board
and
to
the
department
of
public
17
safety
a
minimum
of
one
thousand
dollars
per
calendar
quarter
18
for
each
public
safety
answering
point
within
the
service
area
19
of
the
department
of
public
safety
or
joint
E911
service
board
20
that
has
submitted
an
annual
written
request
to
the
program
21
manager
in
a
form
approved
by
the
program
manager
by
May
15
of
22
each
year
.
23
(2)
Upon
retirement
of
outstanding
obligations
referred
to
24
in
paragraph
“e”
,
the
The
amount
allocated
under
this
paragraph
25
“f”
“e”
shall
be
twenty-five
percent
of
the
total
amount
of
26
surcharge
generated
per
calendar
quarter
allocated
as
follows:
27
(a)
Sixty-five
percent
of
the
total
dollars
available
for
28
allocation
shall
be
allocated
in
proportion
to
the
square
miles
29
of
the
service
area
to
the
total
square
miles
in
this
state.
30
(b)
Thirty-five
percent
of
the
total
dollars
available
for
31
allocation
shall
be
allocated
in
proportion
to
the
wireless
32
E911
calls
taken
at
the
public
safety
answering
point
in
33
the
service
area
to
the
total
number
of
wireless
E911
calls
34
originating
in
this
state.
35
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(c)
Notwithstanding
subparagraph
divisions
(a)
and
(b),
the
1
minimum
amount
allocated
to
each
joint
E911
service
board
and
2
to
the
department
of
public
safety
shall
be
no
less
than
one
3
thousand
dollars
for
each
public
safety
answering
point
within
4
the
service
area
of
the
department
of
public
safety
or
joint
5
E911
service
board.
6
(3)
The
funds
allocated
in
this
paragraph
“f”
“e”
shall
7
be
used
for
communication
equipment
located
inside
the
public
8
safety
answering
points
for
the
implementation
and
maintenance
9
of
wireless
E911
phase
2
services
.
The
joint
E911
service
10
boards
and
the
department
of
public
safety
shall
provide
an
11
estimate
of
phase
2
implementation
costs
to
the
program
manager
12
by
January
1,
2005.
13
g.
f.
If
moneys
remain
in
the
fund
after
fully
paying
14
all
obligations
under
paragraphs
“a”
through
“f”
“e”
,
the
15
remainder
may
be
accumulated
in
the
fund
as
a
carryover
16
operating
surplus.
This
surplus
shall
be
used
to
fund
17
future
phase
2
network
and
public
safety
answering
point
18
improvements
,
including
hardware
and
software
for
an
internet
19
protocol-enabled
next
generation
network,
and
wireless
20
carriers’
transport
costs
related
to
wireless
E911
services,
if
21
those
costs
are
not
otherwise
recovered
by
wireless
carriers
22
through
customer
billing
or
other
sources
and
approved
by
the
23
program
manager.
Notwithstanding
section
8.33
,
any
moneys
24
remaining
in
the
fund
at
the
end
of
each
fiscal
year
shall
25
not
revert
to
the
general
fund
of
the
state
but
shall
remain
26
available
for
the
purposes
of
the
fund.
27
h.
g.
The
administrator,
in
consultation
with
the
program
28
manager
and
the
E911
communications
council,
shall
adopt
29
rules
pursuant
to
chapter
17A
governing
the
distribution
of
30
the
surcharge
collected
and
distributed
pursuant
to
this
31
subsection
.
The
rules
shall
include
provisions
that
all
joint
32
E911
service
boards
and
the
department
of
public
safety
which
33
answer
or
service
wireless
E911
calls
are
eligible
to
receive
34
an
equitable
portion
of
the
receipts.
35
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_____
3.
a.
The
program
manager
shall
submit
an
annual
1
report
by
January
15
of
each
year
to
the
general
assembly’s
2
standing
committees
on
government
oversight
advising
the
3
general
assembly
of
the
status
of
E911
implementation
and
4
operations,
including
both
wire-line
and
wireless
services,
the
5
distribution
of
surcharge
receipts,
and
an
accounting
of
the
6
revenues
and
expenses
of
the
E911
program.
7
b.
The
program
manager
shall
submit
a
calendar
quarter
8
report
of
the
revenues
and
expenses
of
the
E911
program
to
the
9
fiscal
services
division
of
the
legislative
services
agency.
10
c.
The
general
assembly’s
standing
committees
on
government
11
oversight
shall
review
the
priorities
of
distribution
of
funds
12
under
this
chapter
at
least
every
two
years.
13
4.
The
amount
collected
from
a
wireless
communications
14
service
provider
and
deposited
in
the
fund,
pursuant
to
15
section
22.7,
subsection
6
,
information
provided
by
a
wireless
16
communications
service
provider
to
the
program
manager
17
consisting
of
trade
secrets,
pursuant
to
section
22.7,
18
subsection
3
,
and
other
financial
or
commercial
operations
19
information
provided
by
a
wireless
communications
service
20
provider
to
the
program
manager,
shall
be
kept
confidential
as
21
provided
under
section
22.7
.
This
subsection
does
not
prohibit
22
the
inclusion
of
information
in
any
report
providing
aggregate
23
amounts
and
information
which
does
not
identify
numbers
of
24
accounts
or
customers,
revenues,
or
expenses
attributable
to
an
25
individual
wireless
communications
service
provider.
26
5.
For
purposes
of
this
section
,
“wireless
communications
27
service”
means
commercial
mobile
radio
service,
as
defined
under
28
sections
3(27)
and
332(d)
of
the
federal
Telecommunications
29
Act
of
1996,
47
U.S.C.
§
151
et
seq.;
federal
communications
30
commission
rules;
and
the
Omnibus
Budget
Reconciliation
31
Act
of
1993.
“Wireless
communications
service”
includes
any
32
wireless
two-way
communications
used
in
cellular
telephone
33
service,
personal
communications
service,
or
the
functional
or
34
competitive
equivalent
of
a
radio-telephone
communications
line
35
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_____
used
in
cellular
telephone
service,
a
personal
communications
1
service,
or
a
network
access
line.
“Wireless
communications
2
service”
does
not
include
services
whose
customers
do
not
3
have
access
to
911
or
a
911-like
service,
a
communications
4
channel
utilized
only
for
data
transmission,
or
a
private
5
telecommunications
system.
6
Sec.
8.
Section
34A.15,
subsection
1,
paragraph
c,
Code
7
Supplement
2011,
is
amended
to
read
as
follows:
8
c.
One
person
appointed
by
the
Iowa
association
of
chiefs
of
9
police
and
peace
officers
association
.
10
EXPLANATION
11
This
bill
makes
several
changes
regarding
the
provisions
of
12
Code
chapter
34A,
relating
to
enhanced
911
emergency
telephone
13
systems.
14
The
bill
modifies
definitions
applicable
to
the
Code
15
chapter.
The
bill
provides
that
a
“communications
service”
16
means
a
service
capable
of
accessing,
connecting
with,
or
17
interfacing
with
a
911
system
by
dialing,
initializing,
or
18
otherwise
activating
the
system
exclusively
through
the
digits
19
911
by
means
of
a
local
telephone
device,
cellular
telephone
20
device,
wireless
communications
device,
or
alternative
means
to
21
be
designated
by
the
homeland
security
and
emergency
management
22
division
of
the
department
of
public
safety
by
rule.
23
The
bill
provides
that
a
“communications
service
provider”
24
means
a
service
provider,
public
or
private,
that
transports
25
information
electronically
via
landline,
wireless,
internet,
26
cable,
or
satellite.
The
bill
changes
references
to
the
27
wireless
communications
surcharge
contained
in
Code
section
28
34A.7A
to
an
“emergency
communications
service
surcharge”,
29
and
adds
a
definition
accordingly
which
references
that
Code
30
section.
31
The
bill
adds
a
definition
of
“wireless
communications
32
service”
to
mean
commercial
mobile
radio
service,
as
defined
33
under
specified
federal
legislation
and
rules,
including
any
34
wireless
two-way
communications
used
in
cellular
telephone
35
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_____
service,
personal
communications
service,
or
the
functional
or
1
competitive
equivalent
of
a
radio-telephone
communications
line
2
used
in
cellular
telephone
service,
a
personal
communications
3
service,
or
a
network
access
line,
and
not
including
a
service
4
whose
customers
do
not
have
access
to
911
or
911-like
service,
5
a
communications
channel
utilized
only
for
data
transmission,
6
or
a
private
telecommunications
system.
The
bill
also
adds
a
7
definition
of
“wireless
communications
service
provider”
to
8
mean
a
company
that
offers
commercial
mobile
radio
service
to
9
users
of
wireless
devices
including
but
not
limited
to
cellular
10
telephone
services,
personal
communications
services,
mobile
11
satellite
services,
and
enhanced
specialized
mobile
radio.
The
12
bill
deletes
a
definition
of
“wireless
communications
service”
13
currently
contained
in
Code
section
34A.7A,
subsection
5,
as
14
being
encompassed
within
the
definitions
added
by
the
bill,
15
and
also
deletes
a
definition
of
“emergency
911
notification
16
device”
which
is
not
currently
referred
to
within
the
Code
17
chapter.
18
The
bill
deletes
a
requirement
that
a
state
agency
having
19
a
public
safety
agency
within
its
territory
or
jurisdiction
20
must
participate
in
a
joint
E911
service
board
and
cooperate
in
21
maintaining
the
E911
service
plan,
but
retains
that
requirement
22
with
reference
to
political
subdivisions.
23
The
bill
adds
references
to
“wire-line”
surcharges
with
24
respect
to
the
surcharges
contained
in
Code
sections
34A.6
and
25
34A.6A,
to
clarify
that
they
apply
to
wire-line,
rather
than
26
wireless,
communications
and
to
promote
consistency
with
the
27
local
wire-line
E911
service
surcharge
imposed
pursuant
to
Code
28
section
34A.7.
The
bill
deletes
references
to
“telephone”
29
communications
systems
and
surcharges
contained
in
Code
section
30
34A.7,
in
favor
of
the
broader
“emergency”
communication
31
systems
and
surcharges.
32
The
bill
specifies
that
the
emergency
communication
services
33
surcharge
contained
in
Code
section
34A.7A
shall
not
be
imposed
34
on
wire-line-based
communications,
deletes
references
to
35
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_____
“telephone”
devices
and
services
contained
in
the
Code
section,
1
and
deletes
references
to
“wireless”
communications
service
2
providers
and
the
“wireless”
E911
emergency
communications
3
fund.
The
bill
deletes
a
requirement
that
up
to
$500,000
4
per
calendar
quarter
of
surcharge
funds
shall
be
applied
to
5
specified
outstanding
wireless
E911
phase
1
obligations;
6
deletes
a
requirement
that
up
to
$159,000
per
calendar
quarter
7
shall
be
allocated
equally
to
joint
E911
service
boards
and
the
8
department
of
public
safety
if
annual
written
request
forms
9
have
been
submitted;
and
qualifies
that
an
allocation
to
each
10
service
board
and
the
department
of
public
safety
of
a
minimum
11
of
$1,000
per
calendar
quarter
for
each
public
safety
answering
12
point
must
be
pursuant
to
an
annual
written
request.
The
bill
13
adds
hardware
and
software
for
an
internet
protocol-enabled
14
next
generation
network
to
permissible
uses
of
carryover
15
operating
surplus
moneys.
16
The
bill
additionally
changes
a
current
reference
to
the
17
Iowa
association
of
chiefs
of
police
and
peace
officers
to
the
18
Iowa
peace
officers
association
regarding
appointments
to
the
19
E911
communications
council.
20
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