093_SB1098enr

 
SB1098 Enrolled                      LRB093 07334 MKM 07496 b

 1        AN ACT concerning telecommunications.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Wireless Emergency Telephone Safety Act
 5    is amended by changing Sections 10, 17, and 35  and by adding
 6    Section 70 as follows:

 7        (50 ILCS 751/10)
 8        (Section scheduled to be repealed on April 1, 2005)
 9        Sec. 10.  Definitions.  In this Act:
10        "Active  prepaid  wireless  telephone"  means  a  prepaid
11    wireless telephone that has been used  or  activated  by  the
12    customer  during  the  month to complete a telephone call for
13    which the customer's card or account was decremented.
14        "Emergency  telephone  system  board"   means   a   board
15    appointed  by  the  corporate  authorities  of  any county or
16    municipality that provides for the management  and  operation
17    of  a  9-1-1 system within the scope of the duties and powers
18    prescribed by the Emergency Telephone System Act.
19        "Master street  address  guide"  means  the  computerized
20    geographical database that consists of all street and address
21    data within a 9-1-1 system.
22        "Mobile   telephone  number"  or  "MTN"  shall  mean  the
23    telephone number assigned to a wireless telephone at the time
24    of initial activation.
25        "Prepaid  wireless  telephone  service"  means   wireless
26    telephone service which is activated by payment in advance of
27    a  finite  dollar  amount  or for a finite set of minutes and
28    which, unless an additional finite dollar  amount  or  finite
29    set of minutes is paid in advance, terminates either (i) upon
30    use  by a customer and delivery by the wireless carrier of an
31    agreed-upon amount of  service  corresponding  to  the  total
 
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 1    dollar  amount paid in advance, or within a certain period of
 2    time following initial purchase or activation.
 3        "Public safety agency" means a functional division  of  a
 4    public  agency  that provides fire fighting, police, medical,
 5    or other emergency services.  For the  purpose  of  providing
 6    wireless  service  to  users  of 9-1-1 emergency services, as
 7    expressly provided for in this Act, the Department  of  State
 8    Police may be considered a public safety agency.
 9        "Qualified  governmental  entity"  means  a unit of local
10    government authorized to provide 9-1-1 services  pursuant  to
11    the   Emergency  Telephone  System  Act  where  no  emergency
12    telephone system board exists.
13        "Statewide wireless emergency  9-1-1  system"  means  all
14    areas  of the State where an emergency telephone system board
15    or, in the absence of an emergency telephone system board,  a
16    qualified  governmental entity has not declared its intention
17    for one or more of its  public  safety  answering  points  to
18    serve  as  a  primary  wireless 9-1-1 public safety answering
19    point for its jurisdiction.  The operator  of  the  statewide
20    wireless  emergency  9-1-1  system shall be the Department of
21    State Police.
22        "Sufficient  positive  balance"  means  a  dollar  amount
23    greater than or equal to the monthly wireless 9-1-1 surcharge
24    amount.
25        "Wireless carrier" means a provider of two-way  cellular,
26    broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
27    Mobile  Radio Service (CMRS), Wireless Communications Service
28    (WCS), or other Commercial Mobile Radio  Service  (CMRS),  as
29    defined  by  the  Federal Communications Commission, offering
30    radio communications that may provide  fixed,  mobile,  radio
31    location,  or satellite communication services to individuals
32    or  businesses  within  its  assigned  spectrum   block   and
33    geographical  area  or  that  offers real-time, two-way voice
34    service that  is  interconnected  with  the  public  switched
 
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 1    network, including a reseller of such service.
 2        "Wireless  enhanced 9-1-1" means the ability to relay the
 3    telephone number of  the  originator  of  a  9-1-1  call  and
 4    location  information  and  the  location of the cell site or
 5    base station receiving a 9-1-1 call from any  mobile  handset
 6    or text telephone device accessing the wireless system to the
 7    designated  wireless  public  safety  answering  point as set
 8    forth in the order of the Federal Communications  Commission,
 9    FCC  Docket  No.  94-102,  adopted  June  12,  1996,  with an
10    effective  date  of  October  1,  1996,  and  any  subsequent
11    amendment  thereto  through  the  use  of  automatic   number
12    identification and pseudo-automatic number identification.
13        "Wireless   public  safety  answering  point"  means  the
14    functional division of an emergency telephone  system  board,
15    qualified  governmental  entity,  or  the Department of State
16    Police accepting wireless 9-1-1 calls.
17        "Wireless subscriber" means an individual  or  entity  to
18    whom  a  wireless service account or number has been assigned
19    by a wireless carrier.
20        "Wireless telephone service"  includes  prepaid  wireless
21    telephone  service and means all "commercial mobile service",
22    as that term  is  defined  in  47  CFR  20.3,  including  all
23    personal  communications  services,  wireless radio telephone
24    services,   geographic   area   specialized   and    enhanced
25    specialized  mobile  radio  services, and incumbent wide area
26    specialized mobile radio  licensees  that  offer  real  time,
27    two-way  service  that  is  interconnected  with  the  public
28    switched telephone network.
29    (Source: P.A. 91-660, eff. 12-22-99.)

30        (50 ILCS 751/17)
31        Sec. 17.  Wireless carrier surcharge.
32        (a)  Except  as  provided  in  Section  45, each wireless
33    carrier shall impose a monthly wireless carrier surcharge per
 
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 1    CMRS connection that either has a telephone number within  an
 2    area   code  assigned  to  Illinois  by  the  North  American
 3    Numbering Plan Administrator or has a billing address in this
 4    State.  In the case of prepaid  wireless  telephone  service,
 5    this  surcharge  shall  be  remitted  based  upon the address
 6    associated with the point of purchase, the  customer  billing
 7    address,  or  the  location  associated with the MTN for each
 8    active prepaid  wireless  telephone  that  has  a  sufficient
 9    positive  balance  as  of the last day of each month, if that
10    information is available. No wireless  carrier  shall  impose
11    the  surcharge authorized by this Section upon any subscriber
12    who is subject to the surcharge imposed by a  unit  of  local
13    government  pursuant to Section 45. The wireless carrier that
14    provides wireless service to the subscriber shall collect the
15    surcharge set by the Wireless Enhanced 9-1-1 Board  from  the
16    subscriber.  For  mobile telecommunications services provided
17    on and after August 1, 2002, any surcharge imposed under this
18    Act shall be imposed based upon the  municipality  or  county
19    that  encompasses  the  customer's  place  of  primary use as
20    defined in the Mobile Telecommunications Sourcing  Conformity
21    Act.  The surcharge shall be stated as a separate item on the
22    subscriber's  monthly bill.  The wireless carrier shall begin
23    collecting the surcharge on bills issued within 90 days after
24    the Wireless Enhanced 9-1-1 Board sets the  monthly  wireless
25    surcharge.   State  and  local  taxes  shall not apply to the
26    wireless carrier surcharge.
27        (b)  Except as provided in Section 45, a wireless carrier
28    shall, within 45 days of collection, remit, either  by  check
29    or  by  electronic funds transfer, to the State Treasurer the
30    amount of the wireless carrier surcharge collected from  each
31    subscriber.   Of  the amounts remitted under this subsection,
32    the State Treasurer shall deposit one-third into the Wireless
33    Carrier Reimbursement Fund and two-thirds into  the  Wireless
34    Service Emergency Fund.
 
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 1        (c)  The first such remittance by wireless carriers shall
 2    include  the number of customers by zip code, and the 9-digit
 3    zip code if currently being used or later implemented by  the
 4    carrier,  that  shall be the means by which the Department of
 5    Central Management  Services  shall  determine  distributions
 6    from  the  Wireless Service Emergency Fund.  This information
 7    shall be updated no less often  than  every  year.   Wireless
 8    carriers  are not required to remit surcharge moneys that are
 9    billed to subscribers but not yet collected.
10    (Source: P.A. 91-660, eff. 12-22-99; 92-526, eff. 7-1-02.)

11        (50 ILCS 751/35)
12        (Section scheduled to be repealed on April 1, 2005)
13        Sec.   35.  Wireless    Carrier    Reimbursement    Fund;
14    reimbursement.    To  recover costs from the Wireless Carrier
15    Reimbursement Fund, the wireless carrier shall  submit  sworn
16    invoices  to  the  Department of Central Management Services.
17    In no event may any invoice for payment be approved  for  (i)
18    costs   that   are   not   related  to  compliance  with  the
19    requirements  established  by  the  wireless  enhanced  9-1-1
20    mandates of the Federal Communications Commission, (ii) costs
21    with respect to any wireless enhanced 9-1-1 service  that  is
22    not  operable at the time the invoice is  submitted, or (iii)
23    costs  of any wireless carrier exceeding 125% of the wireless
24    emergency services charges remitted to the  Wireless  Carrier
25    Reimbursement  Fund  by  the  wireless  carrier under Section
26    17(b)unless the wireless carrier received prior approval  for
27    the  expenditures  from  the Department of Central Management
28    Services.
29        If in any month the total amount of invoices submitted to
30    the Department of Central Management  Services  and  approved
31    for  payment  exceeds  the  amount  available in the Wireless
32    Carrier  Reimbursement  Fund,  wireless  carriers  that  have
33    invoices approved for payment shall receive a pro-rata  share
 
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 1    of the amount available in the Wireless Carrier Reimbursement
 2    Fund  based on the relative amount of their approved invoices
 3    available that month, and the balance of the  payments  shall
 4    be  carried  into  the  following  months,  and shall include
 5    appropriate interest at the statutory rate, until all of  the
 6    approved payments are made.
 7        A  wireless  carrier  may  not  receive  payment from the
 8    Wireless  Carrier  Reimbursement  Fund  for  its   costs   of
 9    providing  wireless enhanced 9-1-1 services in an area when a
10    unit of local government or emergency telephone system  board
11    provides  wireless  9-1-1  services  in  that  area  and  was
12    imposing and collecting a wireless carrier surcharge prior to
13    July 1, 1998.
14        The  Department  of  Central  Management  Services  shall
15    maintain  detailed  records of all receipts and disbursements
16    and shall provide an annual accounting of  all  receipts  and
17    disbursements to the Auditor General.
18        The Department of Central Management Services shall adopt
19    rules to govern the reimbursement process.
20    (Source: P.A. 91-660, eff. 12-22-99.)

21        (50 ILCS 751/70)
22        (Section scheduled to be repealed on April 1, 2005)
23        Sec.  70.  Repealer.   This  Act  is repealed on April 1,
24    2008 2005.
25    (Source: P.A. 91-660, eff. 12-22-99.)