Public Act 93-0507
SB1098 Enrolled LRB093 07334 MKM 07496 b
AN ACT concerning telecommunications.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Wireless Emergency Telephone Safety Act
is amended by changing Sections 10, 17, and 35 and by adding
Section 70 as follows:
(50 ILCS 751/10)
(Section scheduled to be repealed on April 1, 2005)
Sec. 10. Definitions. In this Act:
"Active prepaid wireless telephone" means a prepaid
wireless telephone that has been used or activated by the
customer during the month to complete a telephone call for
which the customer's card or account was decremented.
"Emergency telephone system board" means a board
appointed by the corporate authorities of any county or
municipality that provides for the management and operation
of a 9-1-1 system within the scope of the duties and powers
prescribed by the Emergency Telephone System Act.
"Master street address guide" means the computerized
geographical database that consists of all street and address
data within a 9-1-1 system.
"Mobile telephone number" or "MTN" shall mean the
telephone number assigned to a wireless telephone at the time
of initial activation.
"Prepaid wireless telephone service" means wireless
telephone service which is activated by payment in advance of
a finite dollar amount or for a finite set of minutes and
which, unless an additional finite dollar amount or finite
set of minutes is paid in advance, terminates either (i) upon
use by a customer and delivery by the wireless carrier of an
agreed-upon amount of service corresponding to the total
dollar amount paid in advance, or within a certain period of
time following initial purchase or activation.
"Public safety agency" means a functional division of a
public agency that provides fire fighting, police, medical,
or other emergency services. For the purpose of providing
wireless service to users of 9-1-1 emergency services, as
expressly provided for in this Act, the Department of State
Police may be considered a public safety agency.
"Qualified governmental entity" means a unit of local
government authorized to provide 9-1-1 services pursuant to
the Emergency Telephone System Act where no emergency
telephone system board exists.
"Statewide wireless emergency 9-1-1 system" means all
areas of the State where an emergency telephone system board
or, in the absence of an emergency telephone system board, a
qualified governmental entity has not declared its intention
for one or more of its public safety answering points to
serve as a primary wireless 9-1-1 public safety answering
point for its jurisdiction. The operator of the statewide
wireless emergency 9-1-1 system shall be the Department of
State Police.
"Sufficient positive balance" means a dollar amount
greater than or equal to the monthly wireless 9-1-1 surcharge
amount.
"Wireless carrier" means a provider of two-way cellular,
broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
Mobile Radio Service (CMRS), Wireless Communications Service
(WCS), or other Commercial Mobile Radio Service (CMRS), as
defined by the Federal Communications Commission, offering
radio communications that may provide fixed, mobile, radio
location, or satellite communication services to individuals
or businesses within its assigned spectrum block and
geographical area or that offers real-time, two-way voice
service that is interconnected with the public switched
network, including a reseller of such service.
"Wireless enhanced 9-1-1" means the ability to relay the
telephone number of the originator of a 9-1-1 call and
location information and the location of the cell site or
base station receiving a 9-1-1 call from any mobile handset
or text telephone device accessing the wireless system to the
designated wireless public safety answering point as set
forth in the order of the Federal Communications Commission,
FCC Docket No. 94-102, adopted June 12, 1996, with an
effective date of October 1, 1996, and any subsequent
amendment thereto through the use of automatic number
identification and pseudo-automatic number identification.
"Wireless public safety answering point" means the
functional division of an emergency telephone system board,
qualified governmental entity, or the Department of State
Police accepting wireless 9-1-1 calls.
"Wireless subscriber" means an individual or entity to
whom a wireless service account or number has been assigned
by a wireless carrier.
"Wireless telephone service" includes prepaid wireless
telephone service and means all "commercial mobile service",
as that term is defined in 47 CFR 20.3, including all
personal communications services, wireless radio telephone
services, geographic area specialized and enhanced
specialized mobile radio services, and incumbent wide area
specialized mobile radio licensees that offer real time,
two-way service that is interconnected with the public
switched telephone network.
(Source: P.A. 91-660, eff. 12-22-99.)
(50 ILCS 751/17)
Sec. 17. Wireless carrier surcharge.
(a) Except as provided in Section 45, each wireless
carrier shall impose a monthly wireless carrier surcharge per
CMRS connection that either has a telephone number within an
area code assigned to Illinois by the North American
Numbering Plan Administrator or has a billing address in this
State. In the case of prepaid wireless telephone service,
this surcharge shall be remitted based upon the address
associated with the point of purchase, the customer billing
address, or the location associated with the MTN for each
active prepaid wireless telephone that has a sufficient
positive balance as of the last day of each month, if that
information is available. No wireless carrier shall impose
the surcharge authorized by this Section upon any subscriber
who is subject to the surcharge imposed by a unit of local
government pursuant to Section 45. The wireless carrier that
provides wireless service to the subscriber shall collect the
surcharge set by the Wireless Enhanced 9-1-1 Board from the
subscriber. For mobile telecommunications services provided
on and after August 1, 2002, any surcharge imposed under this
Act shall be imposed based upon the municipality or county
that encompasses the customer's place of primary use as
defined in the Mobile Telecommunications Sourcing Conformity
Act. The surcharge shall be stated as a separate item on the
subscriber's monthly bill. The wireless carrier shall begin
collecting the surcharge on bills issued within 90 days after
the Wireless Enhanced 9-1-1 Board sets the monthly wireless
surcharge. State and local taxes shall not apply to the
wireless carrier surcharge.
(b) Except as provided in Section 45, a wireless carrier
shall, within 45 days of collection, remit, either by check
or by electronic funds transfer, to the State Treasurer the
amount of the wireless carrier surcharge collected from each
subscriber. Of the amounts remitted under this subsection,
the State Treasurer shall deposit one-third into the Wireless
Carrier Reimbursement Fund and two-thirds into the Wireless
Service Emergency Fund.
(c) The first such remittance by wireless carriers shall
include the number of customers by zip code, and the 9-digit
zip code if currently being used or later implemented by the
carrier, that shall be the means by which the Department of
Central Management Services shall determine distributions
from the Wireless Service Emergency Fund. This information
shall be updated no less often than every year. Wireless
carriers are not required to remit surcharge moneys that are
billed to subscribers but not yet collected.
(Source: P.A. 91-660, eff. 12-22-99; 92-526, eff. 7-1-02.)
(50 ILCS 751/35)
(Section scheduled to be repealed on April 1, 2005)
Sec. 35. Wireless Carrier Reimbursement Fund;
reimbursement. To recover costs from the Wireless Carrier
Reimbursement Fund, the wireless carrier shall submit sworn
invoices to the Department of Central Management Services.
In no event may any invoice for payment be approved for (i)
costs that are not related to compliance with the
requirements established by the wireless enhanced 9-1-1
mandates of the Federal Communications Commission, (ii) costs
with respect to any wireless enhanced 9-1-1 service that is
not operable at the time the invoice is submitted, or (iii)
costs of any wireless carrier exceeding 125% of the wireless
emergency services charges remitted to the Wireless Carrier
Reimbursement Fund by the wireless carrier under Section
17(b)unless the wireless carrier received prior approval for
the expenditures from the Department of Central Management
Services.
If in any month the total amount of invoices submitted to
the Department of Central Management Services and approved
for payment exceeds the amount available in the Wireless
Carrier Reimbursement Fund, wireless carriers that have
invoices approved for payment shall receive a pro-rata share
of the amount available in the Wireless Carrier Reimbursement
Fund based on the relative amount of their approved invoices
available that month, and the balance of the payments shall
be carried into the following months, and shall include
appropriate interest at the statutory rate, until all of the
approved payments are made.
A wireless carrier may not receive payment from the
Wireless Carrier Reimbursement Fund for its costs of
providing wireless enhanced 9-1-1 services in an area when a
unit of local government or emergency telephone system board
provides wireless 9-1-1 services in that area and was
imposing and collecting a wireless carrier surcharge prior to
July 1, 1998.
The Department of Central Management Services shall
maintain detailed records of all receipts and disbursements
and shall provide an annual accounting of all receipts and
disbursements to the Auditor General.
The Department of Central Management Services shall adopt
rules to govern the reimbursement process.
(Source: P.A. 91-660, eff. 12-22-99.)
(50 ILCS 751/70)
(Section scheduled to be repealed on April 1, 2005)
Sec. 70. Repealer. This Act is repealed on April 1,
2008 2005.
(Source: P.A. 91-660, eff. 12-22-99.)