Connecticut Seal

General Assembly

 

Substitute Bill No. 7270

    January Session, 2007

*_____HB07270JUD___050707____*

AN ACT CONCERNING THE EMERGENCY 9-1-1 SURCHARGE AND MISUSE OF THE E 9-1-1 SYSTEM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2007) As used in sections 1 to 3, inclusive, of this act:

(1) "Active prepaid wireless telephone service" means a prepaid wireless telephone service that (1) has been used by the subscriber not earlier than the prior month to complete a telephone call for which the subscriber's card or balance has been decreased, or (2) has an account that has a positive balance greater than or equivalent to the fee to fund the enhanced emergency 9-1-1 program pursuant to section 16-256g of the general statutes, as amended by this act.

(2) "Prepaid wireless telephone service" means a wireless telephone service that is activated in advance by payment for a finite dollar amount of service or for a finite set of minutes that terminate either upon use by a subscriber and delivery by the wireless provider of an agreed upon amount of service corresponding to the total dollar amount paid in advance or within a certain period of time following the initial purchase or activation, unless additional payments are made.

(3) "Mobile telephone number" or "MTN" means the telephone number assigned to a wireless telephone at the time of activation.

(4) "Voice over Internet protocol service" or "VOIP" means a service that has the following characteristics: (A) Enables real-time, two-way voice communication; (B) requires a broadband connection from the users' locations; (C) requires IP-compatible customer premises equipment; and (D) allows subscribers generally to receive calls that originate on the public switched telephone network and to terminate calls on the public switched telephone.

(5) "Voice over Internet protocol service provider" or "VOIP service provider" means a company that provides VOIP telephone service.

Sec. 2. (NEW) (Effective July 1, 2007) Each active prepaid wireless telephone service provider shall assess a fee against each subscriber to fund the enhanced emergency 9-1-1 program in accordance with section 16-256g of the general statutes, as amended by this act. Such fee shall be remitted based upon each prepaid wireless telephone number or account associated with this state, for each prepaid wireless telephone service subscriber that has a positive balance greater than or equivalent to the fee to fund the enhanced emergency 9-1-1 program pursuant to section 16-256g of the general statutes, as amended by this act, as of the last day of each month and shall be collected from the subscriber in any manner consistent with the wireless telephone provider's existing operating or technological abilities, such as subscriber address, location associated with the MTN or other reasonable allocation method based upon comparable relevant data. The fee or an equivalent number of minutes may be deducted from the subscriber's account if direct billing is not practicable. Collection of the fee by reduction of value or minutes from the prepaid subscriber's account does not constitute a reduction in the sales prices for purposes of the taxes that are collected at the point of sale. If a provider of active prepaid wireless telecommunications service is unable to assess such fee against each active telephone number or account, it shall remit each month an amount determined by the total of earned prepaid wireless telephone services revenue received through the end of each month, divided by fifty dollars, multiplied by the amount of the fee. The fee shall be remitted to the office of the State Treasurer for deposit in the Enhanced 9-1-1 Telecommunications Fund, established pursuant to section 28-30a of the general statutes.

Sec. 3. (NEW) (Effective July 1, 2007) Each VOIP service provider shall assess a monthly fee against each subscriber to fund the enhanced emergency 9-1-1 program in accordance with section 16-256g of the general statutes, as amended by this act, and each such provider shall comply with all of the requirements of 47 CFR 9 regarding the provision of enhanced 9-1-1 services in the state of Connecticut. Such fee shall be collected from the subscriber in any manner consistent with the voice over Internet protocol provider's existing operating or technological abilities and remitted to the office of the State Treasurer for deposit into the Enhanced 9-1-1 Telecommunications Fund established pursuant to section 28-30a of the general statutes, not later than the fifteenth day of each month.

Sec. 4. Section 16-256g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) By June first of each year, the Department of Public Utility Control shall conduct a proceeding to determine the amount of the monthly fee to be assessed against each subscriber of: [local] (1) Local telephone service, [and each subscriber of] (2) commercial mobile radio service, as defined in 47 CFR Section 20.3, (3) voice over Internet protocol service, as defined in section 1 of this act, and (4) prepaid wireless telephone service, as defined in section 1 of this act, to fund the development and administration of the enhanced emergency 9-1-1 program. The department shall base such fee on the findings of the Commissioner of Public Safety, pursuant to subsection (c) of section 28-24, taking into consideration any existing moneys available in the Enhanced 9-1-1 Telecommunications Fund. The department shall consider the progressive wire line inclusion schedule contained in the final report of the task force to study enhanced 9-1-1 telecommunications services established by public act 95-318*. The department shall not approve any fee greater than fifty cents per month per access line nor shall it approve any fee that does not include the progressive wire line inclusion schedule.

(b) Each telephone or telecommunications company providing local telephone service, [and] each provider of commercial mobile radio service, each provider of prepaid wireless telephone service and each provider of voice over Internet protocol service shall assess against each subscriber, the fee established by the department pursuant to subsection (a) of this section, which shall be [deposited in] remitted to the Office of State Treasurer for deposit into the Enhanced 9-1-1 Telecommunications Fund established pursuant to section 28-30a, not later than the fifteenth day of each month.

Sec. 5. Section 28-28a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

A telephone company or voice over Internet protocol service provider, as defined in section 1 of this act, shall forward to any public safety answering point or other answering point equipped for enhanced 9-1-1 service the telephone number and street address of any telephone used to place a 9-1-1 call, provided a voice over Internet protocol service provider shall be in compliance with this section if the provider complies with the requirements for forwarding such information contained in 47 CFR 9. Subscriber information provided in accordance with this section shall be used only for the purpose of responding to emergency calls or for the investigation of false or intentionally misleading reports of incidents requiring emergency service. No telephone company or its agents and no voice over Internet protocol service provider or its agents [of a telephone company] shall be liable to any person who uses the enhanced 9-1-1 service established under sections 28-25, 28-25a, 28-25b, 28-26, 28-27, 28-27a, and 28-28, this section and sections 28-28b, 28-29, 28-29a and 28-29b for release of the information specified in this section or for any failure of equipment or procedure in connection with enhanced 9-1-1 service.

Sec. 6. (NEW) (Effective October 1, 2007) (a) A person is guilty of misuse of the emergency 9-1-1 system when such person (1) dials or otherwise causes E 9-1-1 to be called for the purpose of making a false alarm or complaint, or (2) purposely reports false information which could result in the dispatch of emergency services.

(b) Misuse of the emergency 9-1-1 system is a class B misdemeanor.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2007

New section

Sec. 2

July 1, 2007

New section

Sec. 3

July 1, 2007

New section

Sec. 4

October 1, 2007

16-256g

Sec. 5

July 1, 2007

28-28a

Sec. 6

October 1, 2007

New section

ET

Joint Favorable Subst.

 

FIN

Joint Favorable

 

JUD

Joint Favorable