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2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 61
March 4, 2003 - Offered by Committee on Energy and Utilities.
AB61-ASA1,1,5
1An Act to amend 146.70 (7); and
to create 20.155 (3), 25.17 (1) (yo), 25.98, 77.51
2(4) (b) 8., 77.51 (15) (b) 7. and 146.70 (3m) of the statutes;
relating to: creating
3a wireless 911 fund; imposing a surcharge on wireless telephone customers;
4making grants for wireless 911 emergency telephone service; granting
5rule-making authority; and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB61-ASA1,1,107
20.155
(3) Wireless 911 grants. (q)
General program operations and grants. 8From the wireless 911 fund, all moneys received under s. 146.70 (3m) (f) 1. to
9administer and make grants under s. 146.70 (3m) (d) and supplemental grants under
10s. 146.70 (3m) (e).
AB61-ASA1, s. 2
11Section
2. 25.17 (1) (yo) of the statutes is created to read:
AB61-ASA1,1,1212
25.17
(1) (yo) Wireless 911 fund (s. 25.98);
AB61-ASA1,2,4
225.98 Wireless 911 fund. There is established a separate nonlapsible trust
3fund designated as the wireless 911 fund, consisting of deposits by the public service
4commission under s. 146.70 (3m) (f) 1.
AB61-ASA1, s. 4
5Section
4. 77.51 (4) (b) 8. of the statutes is created to read:
AB61-ASA1,2,86
77.51
(4) (b) 8. The surcharge established in rules of the public service
7commission under s. 146.70 (3m) (f) for customers of wireless providers, as defined
8in s. 146.70 (3m) (a) 6.
AB61-ASA1, s. 5
9Section
5. 77.51 (15) (b) 7. of the statutes is created to read:
AB61-ASA1,2,1210
77.51
(15) (b) 7. The surcharge established in rules of the public service
11commission under s. 146.70 (3m) (f) for customers of wireless providers, as defined
12in s. 146.70 (3m) (a) 6.
AB61-ASA1, s. 6
13Section
6. 146.70 (3m) of the statutes is created to read:
AB61-ASA1,2,1414
146.70
(3m) Wireless providers. (a)
Definitions. In this subsection:
AB61-ASA1,2,1615
1. "Commercial mobile radio service provider" has the meaning given in s.
16196.01 (2g).
AB61-ASA1,2,1717
2. "Commission" means the public service commission.
AB61-ASA1,2,2018
3. "Federal wireless orders" means the orders of the federal communications
19commission regarding 911 emergency services for wireless telephone users in FCC
20docket no. 94-102.
AB61-ASA1,2,2221
4. "Local government" means a city, village, town, or county, or an entity formed
22by a contract under s. 66.0301 (2) by a city, village, town, or county.
AB61-ASA1,2,2523
5. "Reimbursement period" means the 3-year period beginning on the first day
24of the 2nd month beginning after the effective date of the rules promulgated under
25par. (f) 1.
AB61-ASA1,3,2
16. "Wireless provider" means a commercial mobile radio service provider that
2is subject to the federal wireless orders.
AB61-ASA1,3,73
7. "Wireless public safety answering point" means a facility to which a call on
4a wireless provider's system is initially routed for response, and on which a public
5agency directly dispatches the appropriate emergency service provider, relays a
6message to the appropriate emergency service provider, or transfers the call to the
7appropriate emergency services provider.
AB61-ASA1,3,158
(b)
Grant applications; wireless providers. 1. Except as provided in subd. 2.,
9a wireless provider may not receive a grant under par. (d) unless, no later than the
10first day of the 3rd month beginning after the effective date of the rules promulgated
11under par. (d) 4., the wireless provider applies to the commission with an estimate,
12and supporting documentation, of the costs that it has incurred, or will incur, during
13the reimbursement period to upgrade, purchase, lease, program, install, test,
14operate, or maintain all data, hardware, and software necessary to comply with the
15federal wireless orders.
AB61-ASA1,3,1916
2. A wireless provider that does not provide service to customers in this state
17prior to the effective date of this subdivision .... [revisor inserts date], may make an
18application under subd. 1. after the date specified in subd. 1. pursuant to rules
19promulgated by the commission under par. (d) 4.
AB61-ASA1,4,620
(c)
Grant applications; local governments. 1. A local government that operates
21a wireless public safety answering point, or local governments that jointly operate
22a wireless public safety answering point, may not receive a grant under par. (d)
23unless the requirements under subds. 3. to 5. are satisfied and, no later than the first
24day of the 3rd month beginning after the effective date of the rules promulgated
25under par. (d) 4., every county which itself is one of the local governments or in which
1any of the local governments is located applies to the commission with an estimate,
2and supporting documentation, of the costs that the local government or local
3governments have directly and primarily incurred, or will directly and primarily
4incur, during the reimbursement period for leasing, purchasing, operating, or
5maintaining the wireless public safety answering point, including costs for all of the
6following:
AB61-ASA1,4,97
a. Necessary network equipment, computer hardware and software, database
8equipment, and radio and telephone equipment, that are located within the wireless
9public safety answering point.
AB61-ASA1,4,1010
b. Training operators of a wireless public safety answering point.
AB61-ASA1,4,1211
c. Network costs for delivery of calls from a wireless provider to a wireless
12public safety answering point.
AB61-ASA1,4,1513
2. If an application under subd. 1. is for the joint operation of a wireless public
14safety answering point by local governments, the application shall specify the
15manner in which the estimated costs are apportioned among the local governments.
AB61-ASA1,4,2416
3. A local government that operates a wireless public safety answering point,
17or local governments that jointly operate a wireless public safety answering point,
18are not eligible for grants under par. (d) unless, no later than the first day of the 3rd
19month beginning after the effective date of the rules promulgated under par. (d) 4.,
20every county which itself is one of the local governments or in which any of the local
21governments is located has passed a resolution specifying that the wireless public
22safety answering point is eligible for the grants. Except as provided in subd. 4., only
23one wireless public safety answering point in each county is eligible for local
24governments to receive grants under par. (d).
AB61-ASA1,5,7
14. If a county or local government in a county jointly operates a wireless public
2safety answering point with another county or local government in another county,
3the resolution passed by each county under subd. 3. shall specify the same wireless
4public safety answering point, and the counties shall submit a joint application
5under subd. 1. that complies with the requirement under subd. 2. In each county that
6submits a joint application, only the wireless public safety answering point specified
7in the resolutions is eligible for local governments to receive grants under par. (d).
AB61-ASA1,5,118
5. A local government that operates, or local governments that jointly operate,
9a wireless public safety answering point are not eligible for grants under par. (d)
10unless the wireless public safety answering point serves the entire geographic area
11of all of the following:
AB61-ASA1,5,1312
a. For each local government that is not a county, each county in which the local
13government is located.
AB61-ASA1,5,1414
b. For each local government that is a county, the county itself.
AB61-ASA1,5,2215
(d)
Grants; commission approval and rules. 1. The commission shall approve
16an application under par. (b) or (c) if the commission determines that the costs
17estimated in the application are reasonable and have been, or will be, incurred for
18the purpose of promoting a cost-effective and efficient statewide system for
19responding to wireless emergency 911 telephone calls. If the commission does not
20approve an application, the commission shall provide the applicant or applicants
21with the commission's reasons and give the applicant or applicants an opportunity
22to resubmit the application.
AB61-ASA1,6,523
2. From the appropriation under s. 20.155 (3) (q), the commission shall make
24grants to reimburse wireless providers and local governments for costs approved
25under subd. 1. that are actually incurred by the wireless providers and local
1governments, except that no wireless provider or local government may receive a
2total amount in grants that exceeds the estimated amount approved by the
3commission under subd. 1. for that wireless provider or local government. For
4applications for the joint operation of a wireless public safety answering point, the
5commission shall apportion the grants in the manner specified under par. (c) 2.
AB61-ASA1,6,76
3. No grant to a local government under subd. 2. may be used to reimburse costs
7for any of the following:
AB61-ASA1,6,108
a. Emergency service dispatch, including personnel, training, equipment,
9software, records management, radio communications, and mobile data network
10systems.
AB61-ASA1,6,1111
b. Vehicles and equipment in vehicles.
AB61-ASA1,6,1312
c. Communications equipment and software used to communicate with
13vehicles.
AB61-ASA1,6,1514
d. Real estate and improvements to real estate, other than improvements
15necessary to maintain the security of a wireless public safety answering point.
AB61-ASA1,6,1616
e. Salaries and benefits of operators of a wireless public safety answering point.
AB61-ASA1,6,2517
4. The commission shall promulgate rules establishing requirements and
18procedures for making grants under this paragraph, including criteria for approving
19estimated costs under subd. 1. The rules shall require the commission to make the
20grants during the 3-year period beginning on the first day of the 3rd month
21beginning after the effective date of the rules promulgated under par. (f) 1. The rules
22shall include record-keeping requirements to ensure that the grants are used to
23reimburse estimated costs approved by the commission. The rules shall allow the
24commission to make the grants in installments. The rules shall also include
25requirements for wireless providers specified in par. (b) 2. to apply for grants.
AB61-ASA1,7,6
1(e)
Supplemental grants. The commission shall promulgate rules for making
2supplemental grants from the appropriation under s. 20.155 (3) (q) to counties that
3submit joint applications required under par. (c) 4. The rules shall establish the
4supplemental grants in amounts that provide an incentive for counties to submit
5joint applications. The rules may not impose any limits on the use of a supplemental
6grant and shall allow the commission to make the grants in installments.
AB61-ASA1,7,147
(f)
Wireless surcharge. 1. The commission shall promulgate rules requiring
8each wireless provider to impose the same monthly surcharge for each telephone
9number of a customer that has a billable address in this state and pay the surcharge
10to the commission for deposit in the wireless 911 fund. The rules shall require the
11surcharge to be imposed during the 3-year period beginning on the first day of the
122nd month beginning after the effective date of the rules. The amount of the
13surcharge shall be sufficient for the commission to administer and make the grants
14under par. (d) and the supplemental grants under par. (e).
AB61-ASA1,7,1715
2. The commission may promulgate rules that increase or decrease the
16surcharge, except that the commission may not increase the surcharge more than
17once per year and any increase must be uniform statewide.
AB61-ASA1,7,1918
3. A wireless provider shall identify the surcharge on a customer's bill on a
19separate line that consists of the words "federal wireless 911 mandate fee."
AB61-ASA1,7,2220
4. The commission may bring an action to collect a surcharge that is not paid
21by a customer and the customer's wireless provider is not liable for the unpaid
22surcharge.
AB61-ASA1,7,2523
(g)
Confidentiality of information. The commission shall withhold from public
24inspection any information received under this subsection that would aid a
25competitor of a wireless provider in competition with the wireless provider.
AB61-ASA1,8,3
1(h)
Other charges prohibited. No local government or state agency, as defined
2in s. 16.375 (1), except the commission, may require a wireless provider to collect or
3pay a surcharge or fee related to wireless emergency telephone service.