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| Public Act 095-0063 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wireless Emergency Telephone Safety Act is | ||||
amended by changing Sections 5, 10, 17, 35, and 70 as follows:
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(50 ILCS 751/5)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 5. Purpose. The General Assembly finds and declares it | ||||
is in the
public interest to promote the use of wireless 9-1-1 | ||||
and wireless enhanced
9-1-1 (E9-1-1) service in order to save | ||||
lives and protect the property of the
citizens of the State of | ||||
Illinois.
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Wireless carriers are required by the Federal | ||||
Communications Commission (FCC)
to provide E9-1-1 service in | ||||
the form of automatic location identification and
automatic | ||||
number identification pursuant to policies set forth by the | ||||
FCC.
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Public safety agencies and wireless
carriers are | ||||
encouraged to work together to provide emergency access to
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wireless 9-1-1 and
wireless E9-1-1 service. Public safety | ||||
agencies and wireless
carriers operating wireless 9-1-1 and | ||||
wireless E9-1-1 systems require adequate
funding to
recover the | ||||
costs of designing, purchasing, installing, testing, and | ||||
operating
enhanced facilities,
systems, and services necessary | ||
to comply with the wireless E9-1-1 requirements
mandated by
the | ||
Federal Communications Commission and to maximize the | ||
availability of
wireless E9-1-1 services throughout
the State | ||
of
Illinois.
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The revenues generated by the wireless carrier surcharge | ||
enacted by this Act
are
required to fund the efforts of the | ||
wireless carriers, emergency telephone
system boards,
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qualified governmental entities, and the Department of State | ||
Police to improve
the public health,
safety, and welfare and to | ||
serve a public purpose by providing emergency
telephone
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assistance
through wireless communications.
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It is the intent of the General Assembly to:
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(1) establish and implement a cohesive statewide | ||
emergency
telephone number that will provide wireless | ||
telephone users with rapid
direct access to public safety | ||
agencies by dialing the telephone number 9-1-1;
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(2) encourage wireless carriers and public
safety | ||
agencies to provide E9-1-1 services that will assist public | ||
safety
agencies in determining the caller's approximate | ||
location and wireless
telephone number;
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(3) grant authority to public safety agencies not | ||
already in possession of
the authority to finance the cost | ||
of installing and operating wireless 9-1-1
systems and | ||
reimbursing wireless carriers for costs incurred to | ||
provide
wireless E9-1-1 services; and
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(4) provide for a reasonable fee on wireless telephone | ||
service
subscribers to accomplish these purposes and | ||
provide for the enforcement and collection of such fees.
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(Source: P.A. 91-660, eff. 12-22-99.)
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(50 ILCS 751/10)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 10. Definitions. In this Act:
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"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.
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"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.
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"Master street address guide" means the computerized | ||
geographical database
that consists of all street and address | ||
data within a 9-1-1 system.
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"Mobile telephone number" or "MTN" shall mean the telephone | ||
number
assigned to a wireless telephone at the time of initial | ||
activation.
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"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.
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"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
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considered a public safety agency.
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"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
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system board exists. | ||
"Remit period" means the billing period, one month in | ||
duration, for which a wireless carrier, other than a prepaid | ||
wireless carrier that provides zip code information based upon | ||
the addresses associated with its customers' points of | ||
purchase, customers' billing addresses, or locations | ||
associated with MTNs, as described in subsection (a) of Section | ||
17, remits a surcharge and provides subscriber information by | ||
zip code to the Illinois Commerce Commission, in accordance | ||
with Section 17 of this Act.
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"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.
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"Sufficient positive balance" means a dollar amount | ||
greater than or equal
to the monthly wireless 9-1-1 surcharge | ||
amount.
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"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
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service that is interconnected with the public switched | ||
network, including a
reseller of such service.
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"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 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.
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"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.
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"Wireless subscriber" means an individual or entity to whom | ||
a wireless
service account or number has been assigned by a | ||
wireless carrier.
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"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.
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(Source: P.A. 93-507, eff. 1-1-04.)
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(50 ILCS 751/17)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 17. Wireless carrier surcharge.
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(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
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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.
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(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.
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(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
Illinois Commerce | ||
Commission 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. Any carrier that fails to provide the zip | ||
code information required under this subsection (c) or any | ||
prepaid wireless carrier that fails to provide zip code | ||
information based upon the addresses associated with its | ||
customers' points of purchase, customers' billing addresses, | ||
or locations associated with MTNs, as described in subsection | ||
(a) of this Section, shall be subject to the penalty set forth | ||
in subsection (f) of this Section. | ||
(d) Within 90 days after the effective date of this | ||
amendatory Act of the 94th General Assembly, each wireless | ||
carrier must implement a mechanism for the collection of the | ||
surcharge imposed under subsection (a) of this Section from its | ||
subscribers. If a wireless carrier does not implement a | ||
mechanism for the collection of the surcharge from its | ||
subscribers in accordance with this subsection (d), then the | ||
carrier is required to remit the surcharge for all subscribers | ||
until the carrier is deemed to be in compliance with this | ||
subsection (d) by the Illinois Commerce Commission. | ||
(e) If before midnight on the last day of the third | ||
calendar month after the closing date of the remit period a | ||
wireless carrier does not remit the surcharge or any portion | ||
thereof required under this Section, then the surcharge or | ||
portion thereof shall be deemed delinquent until paid in full, | ||
and the Illinois Commerce Commission may impose a penalty | ||
against the carrier in an amount equal to the greater of: | ||
(1) $25 for each month or portion of a month from the | ||
time an amount becomes delinquent until the amount is paid | ||
in full; or | ||
(2) an amount equal to the product of 1% and the sum of | ||
all delinquent amounts for each month or portion of a month | ||
that the delinquent amounts remain unpaid. | ||
A penalty imposed in accordance with this subsection (e) | ||
for a portion of a month during which the carrier provides the | ||
number of subscribers by zip code as required under subsection | ||
(c) of this Section shall be prorated for each day of that | ||
month during which the carrier had not provided the number of | ||
subscribers by zip code as required under subsection (c) of | ||
this Section. Any penalty imposed under this subsection (e) is | ||
in addition to the amount of the delinquency and is in addition | ||
to any other penalty imposed under this Section. | ||
(f) If, before midnight on the last day of the third | ||
calendar month after the closing date of the remit period, a | ||
wireless carrier does not provide the number of subscribers by | ||
zip code as required under subsection (c) of this Section, then | ||
the report is deemed delinquent and the Illinois Commerce | ||
Commission may impose a penalty against the carrier in an | ||
amount equal to the greater of: | ||
(1) $25 for each month or portion of a month that the | ||
report is delinquent; or | ||
(2) an amount equal to the product of 1/2ยข and the | ||
number of subscribers served by the wireless carrier. | ||
A penalty imposed in accordance with this subsection (f) | ||
for a portion of a month during which the carrier pays the | ||
delinquent amount in full shall be prorated for each day of | ||
that month that the delinquent amount was paid in full. Any | ||
penalty imposed under this subsection (f) is in addition to any | ||
other penalty imposed under this Section. | ||
(g) The Illinois Commerce Commission may enforce the | ||
collection of any delinquent amount and any penalty due and | ||
unpaid under this Section by legal action or in any other | ||
manner by which the collection of debts due the State of | ||
Illinois may be enforced under the laws of this State. The | ||
Executive Director of the Illinois Commerce Commission, or his | ||
or her designee, may excuse the payment of any penalty imposed | ||
under this Section if the Executive Director, or his or her | ||
designee, determines that the enforcement of this penalty is | ||
unjust.
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(Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, | ||
eff. 7-30-04.)
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(50 ILCS 751/35)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 35. Wireless Carrier Reimbursement Fund; | ||
reimbursement. | ||
(a) To recover costs from the Wireless Carrier | ||
Reimbursement Fund, the wireless
carrier shall submit sworn | ||
invoices to the Illinois Commerce Commission. 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
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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 in excess of the sum of (A) the | ||
carrier's balance, as determined under subsection (e) of this | ||
Section, plus (B) 100% of the surcharge
of any wireless carrier
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exceeding 100% of the wireless emergency services charges
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remitted to the
Wireless Carrier Reimbursement Fund by the | ||
wireless carrier under Section
17(b) since the last annual | ||
review of the balance in the Wireless Carrier Reimbursement | ||
Fund under subsection (e) of this Section, less reimbursements | ||
paid to the carrier out of the Wireless Carrier Reimbursement | ||
Fund since the last annual review of the balance under | ||
subsection (e) of this Section, unless the wireless carrier | ||
received prior approval for the expenditures
from the Illinois | ||
Commerce Commission.
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(b) If in any month the total amount of invoices submitted | ||
to the Illinois Commerce Commission 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 until all of the approved
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payments
are made.
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(c) 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.
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(d) The Illinois Commerce Commission shall maintain | ||
detailed records
of all receipts and disbursements and shall | ||
provide an annual accounting of all
receipts and disbursements | ||
to the Auditor General. | ||
(e) The Illinois Commerce Commission must annually review | ||
the balance in the Wireless Carrier Reimbursement Fund as of | ||
June 30 of each year and shall direct the Comptroller to | ||
transfer into the Wireless Services Emergency Fund for | ||
distribution in accordance with Section 25 of this Act any | ||
amount in excess of the amount of deposits into the Fund for | ||
the 24 months prior to June 30 less: | ||
(1) the amount of paid and payables received by June 30 | ||
for the 24 months prior to June 30 as determined eligible | ||
under subsection (a) of this Section; | ||
(2) the administrative costs associated with the Fund | ||
for the 24 months prior to June 30; and | ||
(3) the prorated portion of any other adjustments made | ||
to the Fund in the 24 months prior to June 30. | ||
After making the calculation required under this | ||
subsection (e), each carrier's available balance for purposes | ||
of reimbursements must be adjusted using the same calculation.
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(f) The Illinois Commerce Commission shall adopt rules to | ||
govern the
reimbursement process.
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(Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
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(50 ILCS 751/70)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 70. Repealer. This Act is repealed on April 1, 2013
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2008.
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(Source: P.A. 93-507, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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