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PSC 173.07(2)(a) (a) Demonstrate with appropriate documentation that each county which itself is one of the local governments or in which any of the local governments is located has adopted a resolution to satisfy the requirement of s. 256.35 (3m) (c) 3. or 4., Stats.
PSC 173.07(2)(b) (b) Demonstrate that the designated public safety answering point will serve the geographic area specified by s. 256.35 (3m) (c) 5. and 6., Stats.
PSC 173.07(2)(c) (c) Demonstrate that the designated public safety answering point has complied with the requirements set forth in 47 CFR 20.18 (j).
PSC 173.07(2)(d) (d) Contain an estimate of costs under sub. (3).
PSC 173.07(2)(e) (e) If an application is for the joint operation of a wireless public safety answering point by local governments, specify the manner in which the estimated costs are apportioned among the local governments.
PSC 173.07(3) (3) The estimate of costs under sub. (2) (d):
PSC 173.07(3)(a) (a) Shall include an estimate of all costs that the applicant has directly and primarily incurred, or will directly and primarily incur, during the reimbursement period for leasing, purchasing, operating, or maintaining the wireless public safety answering point including costs for all of the following:
PSC 173.07(3)(a)1. 1. Necessary network equipment, computer hardware and software, database equipment, and radio and telephone equipment, that are located within the wireless public safety answering point.
PSC 173.07(3)(a)1.a. a. The estimate of costs may include radio equipment if that equipment is necessary to complete a wireless 911 call to the designated public safety answering point, including microwave telecommunications equipment provided by a telecommunications provider and radio equipment used to transfer calls between answering points to the extent approved under s. PSC 173.09 (5).
PSC 173.07(3)(a)1.b. b. The estimate of costs may not include radio equipment that is used for a purpose other than completing a wireless 911 call to the designated public safety answering point, including radio equipment providing communications between a dispatcher and an emergency vehicle and radio equipment providing an inter-agency or inter-government communications link for purposes other than that approved under s. PSC 173.09 (5).
PSC 173.07(3)(a)2. 2. Training operators of a wireless public safety answering point. The estimate of training costs may not include any portion of the salary and benefits paid to an individual employed by a county or municipal government in any of the job descriptions associated with the operation of the designated public safety answering point.
PSC 173.07(3)(a)3. 3. Network costs for delivery of calls from a wireless provider to a wireless public safety answering point.
PSC 173.07(3)(a)4. 4. Collection and maintenance of data used by the wireless public safety answering point, including data to identify a caller and the location of a caller.
PSC 173.07(3)(a)5. 5. Relaying messages regarding wireless emergency 911 telephone calls via data communications from the wireless public safety answering point to local government emergency call centers in operation before June 1, 2003, that dispatch the appropriate emergency service providers.
PSC 173.07(3)(b) (b) May include costs directly and primarily incurred by the applicant between January 1, 1999, and September 3, 2003, for any costs identified in par. (a) 1. or 4.
PSC 173.07(3)(c) (c) May not include:
PSC 173.07(3)(c)1. 1. Costs related to any of the following:
PSC 173.07(3)(c)1.a. a. Emergency service dispatch, including personnel, training, equipment, software, records management, radio communications, and mobile data network systems.
PSC 173.07(3)(c)1.b. b. Vehicles and equipment in vehicles.
PSC 173.07(3)(c)1.c. c. Communications equipment and software used to communicate with vehicles.
PSC 173.07(3)(c)1.d. d. Real estate and improvements to real estate, other than improvements necessary to maintain the security of a wireless public safety answering point.
PSC 173.07(3)(c)1.e. e. Salaries and benefits of operators of a wireless public safety answering point.
PSC 173.07(3)(c)2. 2. Any costs in par. (a) which the applicant has recovered in the form of a gift or grant for the purposes described in par. (a).
PSC 173.07(4) (4) Except to the extent approved by the commission under s. PSC 173.09 (4), an application from a local government or governments under this section may request to receive a grant for only one wireless public safety answering point in each county.
PSC 173.07 History History: CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05; corrections in (1), (2) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2011 No. 662.
PSC 173.08 PSC 173.08 Supplemental grants.
PSC 173.08(1)(1) A county may apply for a supplemental grant under this section if:
PSC 173.08(1)(a) (a) The county, or a local government within the county, jointly operates a wireless public safety answering point with another county, or local government in another county.
PSC 173.08(1)(b) (b) The county has previously or concurrently applied for a grant under s. PSC 173.07.
PSC 173.08(1)(c) (c) Each county in which the participating local governments are located has adopted a resolution pursuant to s. 256.35 (3m) (c) 3., Stats., designating the same wireless public safety answering point, and that answering point is located in the county submitting the application for a supplemental grant.
PSC 173.08(1)(d) (d) The designated public safety answering point provides a single point of termination for telephone calls directed to 911 that originate from wireless telephones located within the combined geographic jurisdiction of the participating local governments.
PSC 173.08(1)(e) (e) For purposes of this section, a "local government in another county" means a city, village or town located in a county other than the county applying for a supplemental grant that operates a public safety answering point, as defined in s. 256.35 (1) (gm), Stats., pursuant to a countywide 911 system plan adopted by ordinance in accordance with s. 256.35 (3) (b) 1., Stats.
PSC 173.08(2)(a)(a) To receive a supplemental grant during all three years of the reimbursement period, a county that is eligible to apply for a supplemental grant under sub. (1) shall submit its application to the commission with its application under s. PSC 173.07, no later than April 1, 2005.
PSC 173.08(2)(b) (b) To receive a supplemental grant during the second and third year of the reimbursement period, a county that is eligible to apply for a supplemental grant under sub. (1), and that did not submit an application for a supplemental grant with its grant application under s. PSC 173.07, shall submit its application during the commission's second year review under s. PSC 173.11 (6) by the date the commission establishes in a public notice.
PSC 173.08(2)(c) (c) To receive a supplemental grant during the third year of the reimbursement period, a county that is eligible to apply for a supplemental grant under sub. (1), and that did not submit an application for a supplemental grant with its grant application under s. PSC 173.07 or during the commission's second year review, shall submit its application during the commission's third year review under s. PSC 173.11 (6) by the date the commission establishes in a public notice.
PSC 173.08(3) (3) An application for a supplemental grant under this section is in addition to the application for grants that the county may make under s. PSC 173.07.
PSC 173.08(4) (4) An application for a supplemental grant under this section is not subject to the restrictions set forth in s. PSC 173.07.
PSC 173.08(5) (5) An individual supplemental grant shall not exceed an amount equal to 50% of the amount awarded to the applicant county as a grant under ss. PSC 173.07 (1) and 173.09 (3). The total of the amount awarded as supplemental grants shall not exceed 10% of the 911 wireless fund.
PSC 173.08 History History: CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05; corrections in (1) (c), (e) made under s. 13.92 (4) (b) 7., Stats., Register February 2011 No. 662.
PSC 173.09 PSC 173.09 Review and approval of grant and supplemental grant applications.
PSC 173.09(1) (1) The commission shall provide reasonable notice to the clerk of each county, each wireless provider that has requested notice, and any other interested party, of the date on which an application under this subchapter is due. If an application under s. PSC 173.06 or 173.07 is submitted after the deadline, the commission shall take action under sub. (8).
PSC 173.09(2) (2) After the receipt of an application requesting a grant under this subchapter, the commission shall issue a notice of investigation in accordance with s. PSC 2.09 if it has not already done so. The commission shall provide an opportunity for interested parties to comment on whether pending grant applications should be approved, subject to the limitation on access to information in s. PSC 173.12.
PSC 173.09(3) (3) The commission shall approve an application under s. PSC 173.06 or 173.07 if the commission determines all of the following:
PSC 173.09(3)(a) (a) The costs estimated in the application have been, or will be, incurred for the purpose of promoting a cost-effective and efficient statewide system for responding to wireless emergency 911 telephone calls.
PSC 173.09(3)(b) (b) The costs estimated in the application are reasonable.
PSC 173.09(3)(c) (c) The application complies with the requirements of this chapter.
PSC 173.09(3)(d) (d) If the application is from a local government and includes costs related to the collection and maintenance of data under s. PSC 173.07 (2) (d), the requirements under sub. (7) are met.
PSC 173.09(4) (4) The commission shall approve an application requesting a supplemental grant under s. PSC 173.08 if the commission determines all of the following:
PSC 173.09(4)(a) (a) The supplemental grant application is submitted by a county and complies with the requirements of this chapter.
PSC 173.09(4)(b) (b) The amount requested is reasonable.
PSC 173.09(5) (5) Notwithstanding sub. (3), the commission may only approve an application for a grant to reimburse a local government for costs under s. PSC 173.07 (3) (a) 5. if the commission first determines that reimbursement of such costs is in the public interest and will promote public health and safety. In making this determination, the commission shall give preference to applications that propose to use existing equipment, and request reimbursement for equipment already purchased and costs already incurred.
PSC 173.09(6) (6) If an application from a local government requests reimbursement under s. PSC 173.07 (3) (a) for equipment and facilities that will also be used to terminate wireline 911 emergency telecommunications service, the commission shall presume that one half of the total cost of equipment and facilities is directly associated with wireless 911 service and can be reimbursed from the fund.
PSC 173.09(6)(a) (a) An applicant may rebut this 50% presumption by providing sufficient evidence to demonstrate that the presumed ratio is unfair and would unreasonably burden local taxpayers with the recovery of costs directly and solely attributable to the addition of enhanced wireless 911 telephone service.
PSC 173.09(6)(b) (b) A wireless provider or other interested party may also submit comments in response to the notice required under sub. (2) challenging this presumption by providing sufficient evidence to demonstrate that the presumed ratio is unfair and would unreasonably burden wireless telephone subscribers with the recovery of costs that have not been, or will not be, incurred for the purpose of promoting a cost-effective and efficient statewide system for responding to wireless emergency 911 telephone calls.
PSC 173.09(7)(a)(a) An application from a local government that requests reimbursement for costs related to the collection and maintenance of data under s. PSC 173.07 (2) (d) shall be approved only if the commission determines all of the following:
PSC 173.09(7)(a)1. 1. The local government's collection of land information, and development of a land information system that is related to that purpose are consistent with the applicable county land records modernization plans developed under s. 59.72 (3) (b), Stats.
PSC 173.09(7)(a)2. 2. The local government's collection of land information conforms to the standards on which such plans are based.
PSC 173.09(7)(a)3. 3. The local government's collection of land information does not duplicate land information collection and other efforts funded through the land information program under s. 16.967 (7), Stats.
PSC 173.09(7)(b) (b) For any determination made by the commission under par. (a) before July 1, 2005, the commission shall first request the advice of the land information board before making its determination.
PSC 173.09(8) (8) If a wireless provider or local government submits an application after the deadline specified in ss. PSC 173.06 and 173.07, respectively, the commission shall reduce the costs approved under sub. (3) by the following amounts:
PSC 173.09(8)(a) (a) If the application is less than 1 week late, 5%.
PSC 173.09(8)(b) (b) If the application is 1 week or more but less than 2 weeks late, 10%.
PSC 173.09(8)(c) (c) If the application is 2 weeks or more but less than 4 weeks late, 25%.
PSC 173.09(8)(d) (d) If the application is 4 weeks or more late, the wireless provider or local government is not eligible for a grant.
PSC 173.09(9) (9) If the commission does not approve an application under sub. (3) or (4), the commission shall provide the applicant with the commission's reasons and give the applicant an opportunity to resubmit the application. If the commission approves a part of the application, the commission shall provide the applicant with the commission's reasons for disapproving part of the application and give the applicant an opportunity to resubmit the portion of the application previously disapproved.
PSC 173.09(10) (10) For any application under this subchapter pending before the commission, the wireless provider or a local government that submitted the application may revise the application before the commission approves or disapproves it without incurring a penalty under sub. (8). For any application approved by the commission under sub. (3), the wireless provider or a local government that submitted the application may revise the application before the commission makes a disbursement to that wireless provider or local government.
PSC 173.09 History History: CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05.
PSC 173.10 PSC 173.10 Wireless surcharge.
PSC 173.10(1)(1)Calculation.
PSC 173.10(1)(a)(a) Upon the request of the commission, each wireless provider shall file with the commission a report setting forth the number of its wireless telephone numbers with billing addresses in this state that are billed on a recurring basis and the number of its wireless telephone numbers subject to a pre-paid service agreement with a customer with an address in this state or sold within this state, as of the date specified in the commission request.
PSC 173.10(1)(b) (b) The commission shall determine the amount of the wireless surcharge by dividing the sum of the total amount of money requested from all grant and supplemental grant applications approved under s. PSC 173.09 and the reasonable administration costs under s. PSC 173.11 (2) by 36, and then dividing that result by the total number of telephone numbers served by wireless providers and reported under par. (a).
PSC 173.10(2) (2)Order. The commission shall set the amount of the wireless surcharge by an order pursuant to s. 227.47 (1), Stats. An interested party may petition to reopen the proceeding and amend the surcharge order under s. 196.39 (2), Stats., and s. PSC 2.28.
PSC 173.10(3) (3)Collection.
PSC 173.10(3)(a)(a) Each wireless provider shall impose the wireless surcharge for each telephone number of a customer that has a billing address in this state on each bill rendered during the surcharge period.
PSC 173.10(3)(b) (b) The wireless surcharge shall be calculated and applied on a monthly basis. The wireless surcharge shall be the same for each wireless telephone number, regardless of the serving wireless provider, except that:
PSC 173.10(3)(b)1. 1. For a customer that is billed on a recurring basis other than monthly, the wireless provider shall impose a surcharge equal to the amount of the wireless surcharge times the number of months of service billed in that customer's billing statement times the number of telephone numbers billed or assigned to that customer.
PSC 173.10(3)(b)2. 2. For a customer with prepaid wireless telephone service, the wireless provider shall charge to that customer's prepaid account using one of the following methods:
PSC 173.10(3)(b)2.a. a. The provider shall charge the prepaid account the amount of the monthly surcharge when the telephone becomes an active prepaid wireless telephone, provided the balance of the prepaid account is greater than or equal to the monthly wireless surcharge.
PSC 173.10(3)(b)2.b. b. The provider shall divide the total prepaid wireless telephone revenue earned and received in the state a calendar month during the surcharge period by $50, and multiply the quotient by the monthly wireless surcharge.
PSC 173.10(3)(c) (c) Each wireless provider shall pay the full amount of the surcharge collected to the commission within 30 days of the end of the month in which the surcharge was collected for deposit in the fund. A wireless provider may not withhold any portion of the surcharge it collects as reimbursement for the cost of billing and collecting the surcharge, or for any other purpose. A wireless provider may include reasonable administrative costs as part of its grant application under s. PSC 173.06.
PSC 173.10 History History: CR 04-026: cr. Register November 2004 No. 587, eff. 1-1-05 except (1) (b) and (2), which are eff. 10-1-05.
PSC 173.11 PSC 173.11 Fund administration.
PSC 173.11(1)(1)Designation. The commission may designate a fund administrator.
PSC 173.11(2) (2)Administrative costs. The commission may recover from the fund its reasonable costs related to the administration of the fund.
PSC 173.11(3) (3)Deposit of funds. The commission shall ensure that the amounts billed and collected through the wireless surcharge and remitted to the commission are deposited in the fund. All amounts deposited in the fund, including moneys earned as interest, shall remain in the fund until disbursed as provided in this chapter.
PSC 173.11(4) (4)Required documentation. Wireless providers and local governments with approved applications for grants under this chapter shall submit requests for reimbursement that include all of the following:
PSC 173.11(4)(a) (a) A paid invoice to document the actual cost of any approved purchase from a vendor or supplier.
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