[ Text of section added by 2002, 61, Sec. 6 effective until July 31, 2008. Repeal by 2002, 61, Sec. 7 does not take effect. See 2002, 61, Sec. 9 as amended by 2007, 42, Sec. 9 and 2008, 164, Sec. 2. See also 2008, 223, Sec. 8. For text effective July 31, 2008, see below.]
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.
Chapter 6A: Section 18H. Wireless enhanced 911 service surcharge; collection; adjustment; expenditures; revenues; monthly reports; forwarding and use of call data; disposition of call volume
[ Text of section as amended by 2008, 223, Sec. 8 effective July 31, 2008 applicable as provided by 2008, 223, Sec. 19. For text effective until July 31, 2008, see above.]
Section 18H. (a) There shall be imposed on each subscriber or end user whose communication services are capable of accessing and utilizing an enhanced 911 system, a surcharge in the amount of 75 cents per month for expenses associated with services provided under sections 18A to 18J, inclusive, and sections 14A and 15E of chapter 166. For wireline enhanced 911 service, the charge shall be imposed on each voice grade exchange telephone line of business and residence customers within the commonwealth, but the surcharge applicable to centrex service and ISDN primary rate interface service shall be based on an equivalency ratio provided to each private branch exchange trunk. For wireless enhanced 911 service, the charge shall be imposed per wireless mobile telephone number, based on the area code chosen by the subscriber or end user. With the approval of the department, a wireless carrier may impose this surcharge based on the subscriber's or end user's billing address or other manner consistent with federal law. For interconnected VoIP provider service, the charge shall be imposed on each voice grade telephone line of business and residence customers within the commonwealth, but the surcharge applicable to such interconnected VoIP provider service that is comparable to centrex service and ISDN primary rate interface service associated with wireline enhanced 911 service shall be based on an equivalency ratio similar to that used for wireline enhanced 911 service. For IP-enabled service, the charge shall be imposed based on the subscriber's or end user's billing address in the commonwealth except for interconnected VoIP provider service, unless a different method is approved by the department. For prepaid wireless service, the department shall promulgate regulations establishing an equitable and reasonable method for the remittance and collection of the surcharge or surcharge amounts for such service. For all other services not identified above, the surcharge shall be imposed based on the subscriber's billing address in the commonwealth, unless a different method is approved by the department.
The surcharge shall be collected by the communication service provider and shall be shown on the subscriber's or end user's bill as "Disability Access/Enhanced 911 Service Surcharge'', or an appropriate abbreviation. The surcharge shall not be subject to sales or use tax. The subscriber or end user shall be liable for the surcharge imposed under this section, and the communication service provider shall not be financially liable for surcharges billed on behalf of the commonwealth but not collected from subscribers or end users. Partial subscriber or end user payments shall be first applied to outstanding communication service provider charges.
(b) The department may petition the department of telecommunications and cable for an adjustment in the surcharge established in subsection (a). The department of telecommunications and cable shall be responsible for establishing the new surcharge, and all future surcharges, upon petition of the department. The department of telecommunications and cable, at its discretion but not more than once per calendar year, may investigate the prudence of the department's revenue and expenditures for the purpose of recalculating the surcharge, and may hire experts to assist in its investigation. The reasonable cost of such experts shall be charged to the Enhanced 911 Fund, but in no event shall such cost exceed $200,000, which may be adjusted to reflect changes in the consumer price index. The department of telecommunications and cable shall conduct its review and issue a decision within 90 days of the date of the commencement of the investigation, but the surcharge shall be deemed approved if the department of telecommunications and cable does not issue its decision within such 90 days. The department of telecommunications and cable shall adopt rules that provide for the funding of prudently incurred expenses associated with services provided by sections 18A to 18J, inclusive, and sections 14A and 15E of chapter 166, by means of the surcharge. The department shall report annually to the department of telecommunications and cable on the financial condition of the Enhanced 911 Fund and on the department's assessment of new developments affecting the enhanced 911 system. The report shall be submitted to the department of telecommunications and cable within 60 days of the end of each fiscal year. The department of telecommunications and cable shall file an annual report with the clerks of the house of representatives and the senate relative to the financial condition of the Enhanced 911 Fund.
(c) The department shall seek the approval of the department of telecommunications and cable for projected total expenditures that exceed total expenditures of the previous fiscal year by 10 per cent or more. The department of telecommunications and cable may investigate the reasonableness of the expenditures and shall conduct its review and issue a decision within 90 days from the date the department files its request for approval, but the request for approval shall be deemed approved if the department of telecommunications and cable does not issue its decision within such 90 days. The department of telecommunications and cable shall notify the department of its intent to investigate within 20 days of the date the department files its request for approval. The department's request for approval shall be deemed approved in the absence of the department of telecommunication and cable's notification to the department of its intent to investigate. If the department of telecommunication and cable notifies the department that it intends to investigate an expenditure, the department of telecommunications and cable may hire experts to assist in its investigation. The reasonable cost of the experts shall be charged to the Enhanced 911 Fund, but in no event shall such cost exceed $200,000, which may be adjusted to reflect changes in the consumer price index.
(d) Each communication service provider shall remit the surcharge revenues collected from its subscribers or end users to the state treasurer for deposit in the Enhanced 911 Fund. The surcharge revenues shall be expended for the administration and programs of the department including, but not limited to, salaries, enhanced 911 training programs, enhanced 911 public education programs, the creation of PSAP customer premises equipment for, and maintenance of, primary and regional PSAPs, the programs mandated by section 18B and sections 14A and 15E of chapter 166, and for the implementation and administration of enhanced 911 service in the commonwealth.
(e) Each communication service provider required to remit surcharge revenues shall submit to the department and the department of telecommunications and cable information on its business entity including, but not limited to, name, business address, contact person and the telephone number, fax number and e-mail address of such contact person. Each such provider shall update this information annually.
(f) Each communication service provider shall report to the department on a monthly basis the total surcharge revenues collected from its subscribers or end users during the preceding month, the total uncollected surcharge revenues from subscribers or end users during the preceding month, the total amount billed to the department for administration costs to cover the expenses of billing, collecting and remitting the surcharge during the preceding month, and the total amount billed to the department for non-recurring and recurring costs associated with any service, operation, administration or maintenance of enhanced 911 service during the preceding month. Such monthly report shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66.
(g) A communication service provider shall forward to any PSAP or any other answering point equipped for enhanced 911 service, or upon request consistent with federal law, to a municipal, state, or federal law enforcement agency, the department of telecommunications and cable, the FCC or the department, the telephone number and street address or location of any telephone used to place a 911 call, and any other call data or information required by the FCC to be transmitted to a PSAP.
Subscriber or end user information or data provided in accordance with this section shall be used, consistent with federal law, only for the purpose of responding to emergency calls, administering and operating the enhanced 911 system and providing enhanced 911 service, or for use in any ensuing investigation or prosecution, including the investigation of false or intentionally misleading reports of incidents requiring emergency service. No communication service provider or officers, directors, employees, vendors or agents shall be liable in any action to any person for releases of information authorized by this section or for civil action resulting from or caused by such providers for participation or omissions in the development, installation, operation, maintenance, performance or provision of enhanced 911 service except for wanton or willful misconduct. Release to or use by any person of a communication service provider's subscriber or end user information or data for any use other than the purposes enumerated in this subsection shall be prohibited. Notwithstanding any general or special law to the contrary, such information or data shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66, except that aggregated information that does not identify or effectively identify specific subscriber or end user information or data may be made public.
(h) The department shall examine call volumes of all primary, regional and regional secondary PSAPs, and the population changes of the municipalities they serve, and may use such information in determining the disbursement of funds as set forth in section 18B.