[ Text of section added by 2002, 61, Sec. 6 effective until June 30, 2008. Repealed by 2002, 61, Sec. 7. See 2002, 61, Sec. 9 as amended by 2007, 42, Sec. 9.]
Section 18H. (a) There shall be imposed on each paying telecommunication service subscriber, whose telecommunication service is capable of directly accessing and utilizing a 911 emergency telephone system, a surcharge in the amount of 30 cents per month per wireless mobile telephone number, based on the area code chosen by the subscriber. With the approval of the board, a wireless carrier may impose this surcharge based on the subscriber's billing address. Based on the actual expenditures incurred in implementing a wireless enhanced 911 system, the statewide emergency telecommunications board may increase this monthly fee to a maximum of 75 cents per month. Any increase shall be justified in its annual report to the general court. The surcharge shall be collected by the wireless carrier or reseller providing the wireless enhanced 911 service and shall be shown on the subscriber's bill as "Wireless Enhanced 911 Service Surcharge'', or the appropriate abbreviation. The surcharge shall not be subject to sales or use tax. The subscriber shall be liable for the surcharge imposed under this section. The wireless carrier or reseller shall have no obligation or authority to enforce the collection of the surcharge.
(b) Each wireless carrier or reseller shall remit the surcharge revenues collected from its subscribers to the state treasurer for deposit in the Wireless Enhanced 911 Fund. The surcharge revenues shall be expended solely for the activities of the board, the creation and maintenance of public safety answering points and the recovery of costs by wireless carriers incurred in providing wireless enhanced 911 service in compliance with provisions required by the Federal Communications Commission. All costs incurred by telephone companies in assisting with the delivery of enhanced 911 service shall only be recovered pursuant to the directory assistance charging plan authorized by section 19A of chapter 159.
(c) (1) The board shall disburse funds from the Wireless Enhanced 911 Fund for the acquisition, upgrade or modification of public safety answering point equipment to be capable of receiving wireless enhanced 911 service information, including necessary computer hardware, software and database provisioning; personnel costs of approved public safety answering points and emergency communications centers which process wireless calls based on reports required in subsection (d); network development, operation and maintenance; database development, operation and maintenance; on premise equipment maintenance; the acquisition, provisioning, operation, and maintenance of any additional hardware, software, database or data connectivity needed to implement the FCC order throughout the commonwealth; training emergency service personnel regarding the receipt and use of wireless enhanced 911 service information; educating consumers regarding the operation, limitation, role and responsible use of wireless enhanced 911 service; and any expenses incurred by the statewide emergency telecommunications board in administering and operating the wireless enhanced 911 project.
(2) The board shall also disburse funds, subject to the availability of the funds after the disbursement authorized in paragraph (1), to wireless carriers that provide wireless enhanced 911 service at the request of the board. The reimbursements shall be limited to all of the wireless carrier's non-recurring and recurring costs associated with designing, upgrading, leasing, purchasing, programming, installing, testing, administering, or maintaining all necessary data, hardware and software required to provide wireless enhanced 911 service. The board may enter into agreements for the payment of all non-recurring and recurring wireless enhanced 911 service costs to the wireless carrier.
(d) Each wireless carrier and each reseller shall report to the board on a quarterly basis the total surcharge revenues collected from its subscribers during the preceding quarter; the total amount billed to the board by the wireless carrier of its rates and recurring costs associated with any service, operation, administration or maintenance of wireless enhanced 911 service during the previous quarter; and the total amount billed to the board by the wireless carrier of administration costs to cover the expenses of billing, collecting and remitting the surcharge. Notwithstanding any general or special law to the contrary, such quarterly report shall not be a public record.
(e) The board shall examine call volumes and system performance of wireless public safety answering points and communications centers on an annual basis and make recommendations for the board to consider. The board shall approve funding additional personnel requirements only if necessary.