TITLE 39

Public Utilities and Carriers

CHAPTER 39-1

Public Utilities Commission

SECTION 39-1-62



   § 39-1-62  E-911 Geographic Information

System (GIS) and Technology Fund. –

(a) Preamble. To allow the Rhode Island E-911 Emergency Telephone System

agency to associate latitude and longitude coordinates provided by wireless

carriers with physical locations throughout the state, the agency must

establish and maintain a GIS database of street addresses and landmarks. The

database will allow local emergency response personnel to dispatch police, fire

and rescue personnel to a specific address or landmark of a cellular caller in

the event the caller is unaware of his or her location, or is physically unable

to communicate it. Because more than half of the 530,000 9-1-1 phone calls

received in 2003 came from cellular phones, it is critical that the GIS

database be developed and maintained in order to improve caller location

identification and reduce emergency personnel response times.



   (b) Definitions. As used in this section, the

following terms have the following meanings:



   (1) "System" means Emergency 911 Uniform Telephone System.



   (2) "Agency" means Rhode Island 911 Emergency Telephone

System.



   (3) "Division" means the Division of Public Utilities and

Carriers.



   (4) "GIS and Technology Fund" means the programs and funding

made available to the Emergency 911 Uniform Telephone System to assist in

paying the costs of the GIS database development project and GIS systems

maintenance, which will enable the system to locate cellular phone callers by

geocoding all addresses and landmarks in cities and towns throughout the state.

GIS and Technology Fund also includes programs and funding to create system

redundancy, fund the construction of a new E-911 facility, and operate and

maintain other state-of-the-art equipment in public safety agencies.



   (5) "Prepaid wireless E911 telecommunications service" means

a wireless telecommunications service that allows a caller to dial 911 to

access the 911 system, which service must be paid for in advance and is sold in

predetermined units or dollars of which the number declines with use in a known

amount.



   (c) Purpose. The purpose of the GIS and Technology

Fund shall be to:



   (1) Implement and maintain a geographic information system

database to assist in locating wireless phone callers for emergency purposes in

a manner consistent and in coordination with the Rhode Island geographic

information system administered by the Division of Planning as provided for in

§ 42-11-10(g)(3); and



   (2) Create system redundancy to ensure the reliability of

9-1-1 service to the public;



   (3) Operate and maintain other state-of-the-art equipment in

public safety agencies; and



   (4) Fund the construction of a new E-911 facility.



   (d) Authority. The agency shall establish, by rule or

regulation, an appropriate funding mechanism to recover from the general body

of ratepayers the costs of funding GIS and technology projects.



   (1) The general assembly shall determine the amount of a

monthly surcharge to be levied upon each wireless instrument, device or means

including cellular, telephony, Internet, Voice Over Internet Protocol (VoIP),

satellite, computer, radio, communication, data, or any other wireless

instrument, device or means that has access to, connects with, interfaces with

or is capable of delivering two-way interactive communications services to the

Rhode Island E-911 Uniform Emergency Telephone System. Prepaid wireless E911

telecommunications services shall not be included in this act, but shall be

governed by chapter 21.2 of title 39. The agency will provide the general

assembly with information and recommendations regarding the necessary level of

funding to effectuate the purposes of this article. The surcharge shall be

billed monthly by each wireless telecommunications services provider as defined

in § 39-21.1-3, which shall not include prepaid wireless E911

telecommunications service, and shall be payable to the wireless

telecommunications services provider by the subscriber of the

telecommunications services. Each telecommunication services provider shall

establish a special (escrow) account to which it shall deposit on a monthly

basis the amounts collected as a surcharge under this section. The money

collected by each wireless telecommunication services provider shall be

transferred within sixty (60) days after its inception of wireless, cellular,

telephony, Voice Over Internet Protocol (VoIP), satellite, computer, Internet,

or communications, information or data services in this state and every month

thereafter. Any money not transferred in accordance with this paragraph shall

be assessed interest at the rate set forth in § 44-1-7 from the date the

money should have been transferred. State, local and quasi-governmental

agencies shall be exempt from the surcharge. The surcharge shall be deposited

in restricted receipt account, hereby created within the agency and known as

the GIS and Technology Fund, to pay any and all costs associated with the

provisions of subsection (c). Beginning July 1, 2007, the surcharge shall be

deposited in the general fund as general revenues to pay any and all costs

associated with the provisions of subsection (c). The GIS and Technology Fund

restricted receipt account shall be terminated June 30, 2008. The amount of the

surcharge under this section shall not exceed thirty-five cents ($.35) per

wireless phone.



   (2) The surcharge is hereby determined to be twenty-six cents

($.26) per wireless phone, cellular, telephony, Voice Over Internet Protocol

(VoIP), satellite, computer, data or data only wireless lines or Internet

communication or data instrument, device or means which has access to, connects

with, activates or interfaces with or any combination of the above with the

Rhode Island E-911 Uniform Emergency Telephone System per month and shall be in

addition to the wireless surcharge charged under § 39-21.1-14. The

twenty-six cents ($.26) is to be billed to all wireless telecommunication

service providers, subscribers upon the inception of services.



   (3) The amount of the surcharge shall not be subject to the

sales and use tax imposed under chapter 18 of title 44 nor be included within

the gross earnings of the telecommunications corporation providing

telecommunications service for the purpose of computing the tax under chapter

13 of title 44.



   (4) [Deleted by P.L. 2010, ch. 23, art. 9, §

10].



   (e) Administration. The division of taxation shall

collect monthly from the wireless telecommunications service providers as

defined in § 39-21.1-3, and which shall not include prepaid wireless E911

telecommunications service, the amounts of the surcharge collected from their

subscribers. The division of taxation shall deposit such collections in the

general fund as general revenues for use in developing and maintaining the

geographic information system database, creating system redundancy, funding the

construction of a new E-911 facility and operating and maintaining other

state-of-the-art equipment for public safety agencies. The agency is further

authorized and encouraged to seek matching funds from all local, state, and

federal public or private entities and shall coordinate its activities and

share all information with the state Division of Planning.



   (f) Effective date. The effective date of assessment

for the GIS and Technology Fund shall be July 1, 2004.



   (g) Nothing in this section shall be construed to constitute

rate regulation of wireless communications services carriers, nor shall this

section be construed to prohibit wireless communications services carriers from

charging subscribers for any wireless service or feature.



   (h) Except as otherwise provided by law, the agency shall not

use, disclose or otherwise make available call location information for any

purpose other than as specified in subsection (c).



   (i) The attorney general shall, at the request of the E-911

uniform emergency telephone system division, or any other agency that may

replace it, or on its own initiative, commence judicial proceedings in the

superior court against any telecommunication services provider as defined in

§ 39-21.1-3(11) providing communication services to enforce the provisions

of this chapter.



History of Section.

(P.L. 2004, ch. 595, art. 31, § 2; P.L. 2005, ch. 365, § 1; P.L.

2006, ch. 246, art. 4, § 3; P.L. 2007, ch. 73, art. 4, § 1; P.L.

2010, ch. 23, art. 9, § 10.)