AB61: Bill Text

LRB-1362/2

MDK:cs:pg

2003 - 2004 LEGISLATURE

2003 Assembly BILL 61

February 13, 2003 - Introduced by Representatives Montgomery, Jensen, M. Lehman, Pettis, Van Roy, Weber, Turner, J. Fitzgerald, Vrakas and Nischke, cosponsored by Senators Leibham, S. Fitzgerald and Breske. Referred to Committee on Energy and Utilities.

AB61,1,6 An Act to amend 146.70 (7); and to create 20.155 (3), 25.17 (1) (yo), 25.98, 77.51 (4) (b) 8., 77.51 (15) (b) 7. and 146.70 (3m) of the statutes; relating to: creating a wireless 911 fund; imposing a surcharge on wireless telephone customers; making grants for wireless 911 emergency telephone service; providing an exemption from emergency rule procedures; granting rule-making authority; and making appropriations.

Analysis by the Legislative Reference Bureau

This bill requires the Public Service Commission (PSC) to make grants to wireless telecommunications providers (wireless providers) and cities, villages, towns, and counties (local governments) for reimbursement of certain costs related to providing wireless 911 emergency telephone service (wireless 911 service) and operating facilities for routing wireless 911 telephone calls (wireless public safety answering points). The grants are funded by a surcharge paid by wireless customers.

A wireless provider is eligible for the grants if it is subject to orders of the Federal Communications Commission (FCC) regarding wireless 911 service. In addition, a wireless provider must apply for the grants no later than nine months after the bill's effective date. An application must include an estimate of the costs that, during the three-year period beginning nine months after the bill's effective date, the wireless provider has incurred or will incur to upgrade, purchase, lease, program, install, test, operate, or maintain all data, hardware, and software necessary to comply with the FCC orders. The application must also include supporting documentation for the estimate.

For local governments, only the local governments that operate a wireless public safety answering point that is specified in a resolution passed by a county are eligible for the grants. Only one wireless public safety answering point in each county is eligible for the grants. A county has until nine months after the bill's effective date to pass such a resolution. Like wireless providers, local governments must apply for the grants no later than nine months after the bill's effective date. An application must include an estimate of the costs that, during the three-year period beginning nine months after the bill's effective date, the local government has directly and primarily incurred, or will directly and primarily incur, for leasing, purchasing, operating, or maintaining the wireless public safety answering point. Such costs include costs for the following: 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; 2) training operators of the wireless public safety answering point; and 3) network costs for delivery of calls to the wireless public safety answering point. The application must also include supporting documentation for the estimate.

For both wireless providers and local governments, the PSC must approve an application if the PSC determines that the estimated costs are reasonable and have been, or will be, incurred for the purpose of promoting an effective and efficient statewide system for responding to wireless 911 telephone calls. In addition, the bill prohibits grants to local governments from being used for specified costs, including certain costs for dispatching emergency services and salaries and benefits for operators of wireless public safety answering points. If the PSC does not approve an application, the PSC must provide the applicant with its reasons and provide an opportunity to resubmit the application.

The bill requires the PSC to promulgate rules for making grants, including criteria for approving estimated costs and record-keeping requirements for ensuring that the grants are used for approved costs. The bill also requires the PSC to promulgate rules for making supplemental grants to counties for the joint operation of a wireless public safety answering point by different counties or local governments in different counties. To be eligible for supplemental grants, the resolution described above for each county must specify the same wireless public safety answering point, which is the only wireless public safety answering point for which local governments in the counties may receive the grants described above.

The funding source for the grants is a uniform monthly surcharge imposed by wireless providers for each customer telephone number that is billed to an address in this state. The surcharge may be imposed only during the three-year period beginning nine months after the bill's effective date. The PSC must promulgate rules that establish the amount of the surcharge, which must be sufficient for the PSC to administer and make grants under the bill. The PSC may promulgate rules to increase or decrease the surcharge, but may increase the surcharge only once per year, and any increase must be uniform statewide. Wireless providers must pay the surcharge to the PSC for deposit into a wireless 911 fund that is created in the bill. A wireless provider is not liable for surcharges that are not paid by customers. Instead, the bill allows the PSC to bring an action against a customer for an unpaid surcharge.

The bill creates other requirements for the grant program, including the following:

1. The PSC must withhold from public inspection any information the PSC receives that would aid the competitor of a wireless provider.

2. Local governments and other state agencies are prohibited from requiring wireless telecommunications providers to collect or pay a surcharge or fee related to wireless 911 service.

3. Wireless providers must identify the surcharge on customer bills as "Wisconsin Wireless 911 Surcharge".

4. Wireless providers are immune from liability to any person who makes an emergency telephone call initially routed to a wireless public safety answering point for which a grant is made under the bill.

5. The surcharge under the bill is exempt from the sales and use taxes.

6. The bill's requirements regarding the surcharge and grant program do not apply after three years and nine months after the bill's effective date.

This bill will be referred to the Joint Survey Committee on Tax Exemptions for a detailed analysis, which will be printed as an appendix to this bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB61, s. 1 Section 1. 20.155 (3) of the statutes is created to read:

AB61,3,5 20.155 (3) Wireless 911 grants. (q) General program operations and grants. From the wireless 911 fund, all moneys received under s. 146.70 (3m) (f) 1. to administer and make grants under s. 146.70 (3m) (d) and supplemental grants under s. 146.70 (3m) (e).

AB61, s. 2 Section 2. 25.17 (1) (yo) of the statutes is created to read:

AB61,3,7 25.17 (1) (yo) Wireless 911 fund (s. 25.98);

AB61, s. 3 Section 3. 25.98 of the statutes is created to read:

AB61,4,3 25.98 Wireless 911 fund. There is established a separate nonlapsible trust fund designated as the wireless 911 fund, consisting of deposits by the public service commission under s. 146.70 (3m) (f) 1.

AB61, s. 4 Section 4. 77.51 (4) (b) 8. of the statutes is created to read:

AB61,4,7 77.51 (4) (b) 8. The surcharge established in rules of the public service commission under s. 146.70 (3m) (f) for customers of wireless providers, as defined in s. 146.70 (3m) (a) 5.

AB61, s. 5 Section 5. 77.51 (15) (b) 7. of the statutes is created to read:

AB61,4,11 77.51 (15) (b) 7. The surcharge established in rules of the public service commission under s. 146.70 (3m) (f) for customers of wireless providers, as defined in s. 146.70 (3m) (a) 5.

AB61, s. 6 Section 6. 146.70 (3m) of the statutes is created to read:

AB61,4,13 146.70 (3m) Wireless providers. (a) Definitions. In this subsection:

AB61,4,14 1. "Commission" means the public service commission.

AB61,4,17 2. "Federal wireless orders" means the orders of the federal communications commission regarding 911 emergency services for wireless telephone users in FCC docket no. 94-102.

AB61,4,19 3. "Local government" means a city, village, town, or county, or an entity formed by a contract under s. 66.0301 (2) by a city, village, town, or county.

AB61,4,23 4. "Reimbursement period" means the period of time between the first day of the 10th month beginning after the effective date of this subdivision .... [revisor inserts date], and the first day of the 46th month after the effective date of this subdivision .... [revisor inserts date].

AB61,4,25 5. "Wireless provider" means a commercial mobile radio service provider, as defined in s. 196.01 (2g), that is subject to the federal wireless orders.

AB61,5,5 6. "Wireless public safety answering point" means a facility to which a call on a wireless provider's system is initially routed for response, and on which a public agency directly dispatches the appropriate emergency service provider, relays a message to the appropriate emergency service provider, or transfers the call to the appropriate emergency services provider.

AB61,5,12 (b) Grant applications; wireless providers. A wireless provider may not receive a grant under par. (d) unless, no later than the first day of the 10th month after the effective date of this paragraph .... [revisor inserts date], the wireless provider applies to the commission with an estimate, and supporting documentation, of the costs that it has incurred, or will incur, during the reimbursement period to upgrade, purchase, lease, program, install, test, operate, or maintain all data, hardware, and software necessary to comply with the federal wireless orders.

AB61,5,24 (c) Grant applications; local governments. 1. A local government that operates a wireless public safety answering point, or local governments that jointly operate a wireless public safety answering point, may not receive a grant under par. (d) unless the requirements under subds. 3. and 4. are satisfied and, no later than the first day of the 10th month after the effective date of this subdivision .... [revisor inserts date], every county which itself is one of the local governments or in which any of the local governments is located applies to the commission with an estimate, and supporting documentation, of the costs that the local government or local governments have 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:

AB61,6,3 a. Necessary network equipment, computer hardware and software, database equipment, and radio and telephone equipment, that are located within the wireless public safety answering point.

AB61,6,4 b. Training operators of a wireless public safety answering point.

AB61,6,6 c. Network costs for delivery of calls from a wireless provider to a wireless public safety answering point.

AB61,6,9 2. If an application under subd. 1. is for the joint operation of a wireless public safety answering point by local governments, the application shall specify the manner in which the estimated costs are apportioned among the local governments.

AB61,6,18 3. A local government that operates a wireless public safety answering point, or local governments that jointly operate a wireless public safety answering point, are not eligible for grants under par. (d) unless, no later than the first day of the 10th month beginning after the effective date of this subdivision .... [revisor inserts date], every county which itself is one of the local governments or in which any of the local governments is located has passed a resolution specifying that the wireless public safety answering point is eligible for the grants. Except as provided in subd. 4., only one wireless public safety answering point in each county is eligible for local governments to receive grants under par. (d).

AB61,6,25 4. If a county or local government in a county jointly operates a wireless public safety answering point with another county or local government in another county, the resolution passed by each county under subd. 3. shall specify the same wireless public safety answering point, and the counties shall submit a joint application under subd. 1. that complies with the requirement under subd. 2. In each county that submits a joint application, only the wireless public safety answering point specified in the resolutions is eligible for local governments to receive grants under par. (d).