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    (Section scheduled to be repealed on April 1, 2005)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.)