HLS 16RS-972 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 805
BY REPRESENTATIVES BROADWATER AND AMEDEE
DISTRICTS/COMMUNICATIONS: Provides relative to communication districts
1 AN ACT
2To amend and reenact R.S. 33:9106 (A)(3) through (5) and 9109 and to enact R.S.
3 33:9109.2, relative to communications districts; to provide relative to the levy of an
4 emergency telephone service charge on certain communications systems; to increase
5 the maximum amount authorized to be levied within the district; to provide relative
6 to the use of service charge proceeds; to provide relative to the district's financial
7 reports; to provide relative to revenues collected from certain surcharge fees; and to
8 provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 33:9106(A)(3) through (5) and 9109 are hereby amended and
11reenacted and R.S. 33:9109.2 is hereby enacted to read as follows:
12 §9106. Funding; definitions; emergency telephone service charge
13 A. As used in this Section, the following words and terms shall have the
14 following meanings, unless the context clearly indicates otherwise:
15 * * *
16 (3) "Exchange access facilities", "exchange access lines", or "lines" means
17 all lines, provided by the service supplier for the provision of local exchange service,
18 as defined in existing general subscriber services tariffs, or interconnected Voice
19 over Internet Protocol (VoIP) service as defined in 47 CFR 9.3. For a Primary Rate
20 Interface (PRI) circuit or other multiline service, the number of exchange access
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1 facilities is equal to the capacity as activated by the service supplier for simultaneous
2 outward voice calls to the public switched telephone network.
3 (4) "Service supplier" means any person providing exchange telephone
4 service or interconnected Voice over Internet Protocol (VoIP) to any service user
5 throughout the parish.
6 (5) "Service user" means any person, not otherwise exempt from taxation,
7 who as an end user is provided exchange telephone service or interconnected Voice
8 over Internet Protocol (VoIP) in the parish.
9 * * *
10 §9109. Additional service charge on wireless telecommunications service
11 A. Intent. (1) The Federal Communications Commission has issued rulings
12 requiring that suppliers of cellular and other forms of wireless telecommunications
13 services capable of accessing the 911 emergency telephone number provide certain
14 enhancements to their services when requested by a communications district. These
15 enhancements will automatically provide the number and location of the wireless
16 caller to the communications district when a caller accesses 911. Although these
17 enhancements currently exist for persons dialing 911 from "landline telephones",
18 certain technological enhancements must be made in order to provide this
19 information from wireless devices outlined a plan that will require the public safety
20 community to field a new generation of 911 emergency call services which will
21 allow the use of additional and widely used digital media to contact Public Safety
22 Answering Points (PSAPs). Next Generation 911 (NG911) will permit the public
23 use of text messages, data, videos, as well as voice to transmit emergency
24 information to the servicing PSAP. It will allow this data to be further shared with
25 first responders for their use enroute to and at emergency scenes. Specific
26 technological enhancements shall be made within each PSAP in order to receive and
27 utilize this information from wireless devices.
28 (2) The legislature also finds that it is in the public interest to automatically
29 provide a wireless caller's telephone number when such a caller requests emergency
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1 services by calling the 911 telephone number for 911 systems operated by the
2 communication districts within Louisiana to provide NG911 service to the public
3 when the necessary technological requirements can be met and sufficient funding to
4 make these improvements becomes available.
5 (3) The Federal Communications Commission further requires that a
6 mechanism be established which will enable wireless service suppliers and
7 communications districts to recover all costs associated with providing the enhanced
8 service.
9 (4)(3) It is the purpose of this Section to provide funding for such a cost
10 recovery mechanism NG911, E911, 911 call taking, dispatch, telecommunication
11 systems for first responders and for other lawful purposes of communications
12 districts. It is also the purpose of this Section to provide civil immunity for the
13 provision of 911 services by wireless service suppliers and all communications
14 districts.
15 B. Definitions. As used in this Section, the following words and terms shall
16 have the following meanings, unless the context clearly indicates otherwise:
17 (1) The term "automatic number identification" or "ANI" means an enhanced
18 911 service capability that enables the automatic display of the ten-digit wireless
19 telephone number used to place a 911 call and includes "pseudo-automatic number
20 identification" or "pseudo-ANI", which means an enhanced 911 service capability
21 that enables the automatic display of the number of the cell site and an identification
22 of the CMRS provider.
23 (2) The term "CMRS" means commercial mobile radio service under Section
24 3(27) and 332(d) of the Telecommunications Act of 1996, 47 United States Code
25 Section 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L.
26 103-66. The term includes the term "wireless" and includes service provided by any
27 wireless real time two-way voice communication device, including a radio-telephone
28 communications line used in cellular telephone service, a personal communication
29 service, specialized mobile radio service, or a network radio access line. The term
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1 does not include service whose customers do not have access to 911 or to a similar
2 service, to a communication channel suitable only for data transmission, to a wireless
3 roaming service or other nonlocal radio access line service, to paging services, or to
4 a private telecommunications system as defined by 47 C.F.R. 20.3. In addition, the
5 term as used in this Section includes any wireless service capable of accessing 911
6 through the use of voice, text, video, image, data, or any other means.
7 (3) The term "service supplier" means a person or entity who provides
8 CMRS service.
9 (4) The term "CMRS connection" means each mobile handset device
10 telephone number assigned to a CMRS customer.
11 (5) The term "service charge" means the CMRS emergency telephone
12 service charge levied and collected pursuant to this Section.
13 (6) The term "district" means a communications district created pursuant to
14 this Chapter or pursuant to or by any local or special Act.
15 (7) The term "E911" means an emergency telephone system that provides
16 the caller with emergency 911 system service, that directs 911 calls to appropriate
17 public safety answering points by selective routing based on the geographical
18 location from which the call originated, and that provides the capability for
19 automatic number identification and other features that the Federal Communications
20 Commission may require in the future.
21 (8) The term "FCC order" means the order of the Federal Communications
22 Commission, FCC Docket No. 94-102, adopted on June 12, 1996, and released on
23 July 26, 1996.
24 (9) The term "wireless E911 service" means E911 service that provides
25 automatic number identification of wireless subscribers as required by the FCC
26 order.
27 C. Service charge. The governing authority of any district may levy a
28 CMRS emergency telephone service charge subject to and in accordance with the
29 provisions of this Subsection. Such service charge:
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1 (1) Shall be levied only on CMRS service which enables a service user to
2 access the 911 emergency telephone number through the use of a CMRS connection.
3 (2) Shall not exceed eighty-five cents one dollar and twenty-five cents per
4 month per wireless CMRS connection or the rate which the district levies or is
5 authorized to levy on CMRS users on July 9, 1999 August 1, 2016, whichever is
6 higher.
7 (3)(a) Shall be levied by resolution or ordinance of the governing authority
8 of the district. If the district levies an emergency telephone service charge, tax,
9 charge, surcharge, or fee on July 9, 1999 August 1, 2016, it shall not be required to
10 adopt a new ordinance or resolution except to change the rate thereof.
11 (b) If a district governing authority levies no emergency telephone service
12 charge, tax, charge, surcharge, or fee on local telephone service, or on exchange
13 access facilities or their equivalent, the resolution or ordinance levying the service
14 charge authorized by this Section shall not be adopted until such levy has been
15 approved by a majority of the voters of the district voting at an election held for such
16 purpose.
17 (c) If the district levies any emergency telephone service charge, tax, charge,
18 surcharge, or fee on local telephone service, or on exchange access facilities or their
19 equivalent, which has been approved by the voters of the district, voter approval of
20 the service charge authorized by this Section shall not be required.
21 (4) Shall be levied against each CMRS connection for which the billing
22 address is within the district. In the absence of a billing address, the service charge
23 shall be levied against each CMRS connection for which the primary use is within
24 the district. Notwithstanding the foregoing, the application of a CMRS emergency
25 telephone service charge to any mobile telecommunications service, as defined in
26 R.S. 47:301(14)(i)(ii)(bb), shall apply only if the customer's place of primary use is
27 located within the boundaries of the political subdivision levying such CMRS
28 emergency telephone service charge. For purposes of this Paragraph, the provisions
29 of R.S. 47:301(14)(i)(ii)(bb) shall apply in the same manner and to the same extent
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1 as such provisions apply to the taxes levied pursuant to R.S. 47:302(C) and 331(C)
2 on mobile telecommunications services.
3 (5) Shall have uniform application and shall be imposed throughout the
4 entirety of the district to the greatest extent possible in conformity with availability
5 of 911 service in any area of the district.
6 (6) Shall be a liability of the service user until it has been paid to the service
7 supplier.
8 (7)(a) Shall be collected as part of the supplier's normal billing process in
9 accordance with the provisions of this Paragraph.
10 (b) The service charge shall be collected by each service supplier providing
11 service in the district. The district shall notify, by certified mail, return receipt
12 requested, each service supplier of the adoption of the resolution or ordinance
13 provided for in Paragraph (3) of this Subsection. The duty of the wireless service
14 supplier to collect any such service charge or any increase in service charge
15 authorized by this Section shall commence within sixty days after receipt of such
16 notice.
17 (c) The service supplier shall add the service charge to its invoice to the
18 service user, but may state it separately therein.
19 (d)(i) The service supplier shall have no obligation to take any legal action
20 to enforce the collection of any service charge. However, the service supplier shall
21 annually provide the district governing authority with a list of the amount
22 uncollected, together with the names and addresses of those service users who carry
23 a balance that can be determined by the service supplier to be nonpayment of such
24 service charge. The service charge shall be collected in accordance with the regular
25 billing practice of the service supplier.
26 (ii) Good-faith compliance by the service supplier with this provision shall
27 constitute a complete defense to any legal action or claim which may result from the
28 service supplier's determination of nonpayment or the identification of service users
29 in connection therewith or both.
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1 (e)(i) The amounts collected by the service supplier attributable to any
2 service charge shall be due quarterly. The amount of service charge collected in one
3 calendar quarter by the service supplier shall be remitted to the district no later than
4 sixty days after the close of a calendar quarter.
5 (ii) On or before the sixtieth day after the close of a calendar quarter, a
6 return, in such form as the district governing authority and the service supplier agree
7 upon, shall be filed with the district, together with a remittance of the amount of
8 service charge collected payable to the district.
9 (iii) The service supplier shall maintain records of the amount of the service
10 charge collected for a period of at least two years from date of collection. The
11 district governing authority may, at its expense, require an annual audit of the service
12 supplier's books and records with respect to the collection and remittance of the
13 service charge.
14 (iv) From the gross receipts to be remitted to the district, the service supplier
15 may retain, as an administrative fee, an amount equal to one percent thereof.
16 (8) Trunks or service lines used to supply service to service suppliers and
17 used by service suppliers to provide CMRS service shall not have a service charge
18 levied against them.
19 (9) The service charge, or any part or percentage thereof, shall not be subject
20 to any sales, use, franchise, income, excise, or any other tax, fee, or assessment, and
21 shall not be considered revenue of the service supplier for any purpose.
22 (10) Any person or entity otherwise exempt from taxation shall be exempt
23 from the service charge authorized by this Section.
24 D. Use of proceeds. (1) In any district having a population of not less than
25 twenty thousand persons as of the most recent federal decennial census, proceeds of
26 the service charge collected after July 9, 1999, less the administration fee which the
27 wireless service supplier is authorized to retain, shall be used for the following
28 purposes:
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1 (a)(i) For payment of service suppliers' and the district's costs associated
2 with the implementation of Phase I enhancements required by the FCC Order.
3 (ii) No district shall make payment of a service suppliers' costs associated
4 with the implementation of Phase I enhancements required by such order unless there
5 is a cooperative endeavor agreement between the district and the supplier delimiting
6 the cost of implementation to be recovered by the service supplier.
7 (iii) Once the district determines that net proceeds from the service charge
8 remitted to the district are sufficient to implement wireless E911 service by the
9 district and all service suppliers providing service within the district, the district
10 shall request that each such service supplier implement such enhancements and shall
11 provide funds to each such service supplier in accordance with the applicable
12 agreement. In any district having a population of not less than thirty thousand
13 persons as of the most recent federal decennial census, such enhancements shall be
14 completed by the district and all of the service suppliers providing service within the
15 district within one year of the initial levy of the service charge authorized by this
16 Section. In any district having a population of less than thirty thousand but not less
17 than twenty thousand persons, such enhancements shall be completed by the district
18 and all of the service suppliers providing service within the district within eighteen
19 months of the initial levy of such charge.
20 (iv) If such a district issues the notice required by Subparagraph C(7)(a) of
21 this Section, but fails to begin implementation of wireless E911 service within the
22 time limits for full implementation established for the particular district by Item (iii)
23 of this Subparagraph, the service supplier shall immediately cease collecting the
24 CMRS emergency telephone service charge.
25 (b) For any lawful purpose of the district.
26 (2) In any district having a population of less than twenty thousand persons
27 as of the most recent federal decennial census, proceeds of the service charge, less
28 any collection charge which the wireless service supplier is authorized to retain, may
29 be used for any lawful purpose of the district.
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1 E.D. The financial records of the district shall be audited pursuant to the
2 provisions of R.S. 24:513. In addition, each district shall submit an annual report to
3 the legislative auditor which includes information on the revenues derived from the
4 service charge authorized by this Section and the use of such revenues. Such report
5 shall include a report on the status of implementation of wireless E911 service.
6 F.E. Liability. (1) Each wireless service supplier shall establish a
7 mechanism to permit a district to have full-time access to such customer data as is
8 available and needed to assist in the appropriate response to an emergency call which
9 originates from a customer's wireless device. Such information shall be used only
10 by the district for the exclusive purpose of providing emergency services and shall
11 otherwise remain confidential and shall be exempt from disclosure under R.S. 44:1
12 et seq.
13 (2) Each wireless service supplier shall adhere to a standard of service in
14 providing access to the 911 telephone system by its wireless service users as may be
15 established by the National Emergency Number Association. Until such standards
16 are promulgated, each wireless service supplier shall adhere to commonly recognized
17 and observed industry standards.
18 * * *
19 §9109.2. Restrictions imposed on use of certain funds
20 Notwithstanding any provision of law to the contrary, all revenues collected
21 from the assessment of 911 surcharge fees in a parishwide communications district,
22 as provided in this Chapter, shall be used for the express purpose of providing 911
23 emergency response communications services and operations. The funds shall not
24 be diverted for use by any other entity or for any purpose other than those outlined
25 in this Chapter.
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 805 Reengrossed 2016 Regular Session Broadwater
Abstract: Relative to the levy of an emergency telephone service charge on certain
communications systems; increases the maximum amount authorized to be levied
within the district and provides relative to the use of service charge proceeds and the
district's financial reports.
Proposed law amends certain definitions in present law (R.S. 33:9106(A)(3)-(5)).
Present law authorizes the governing authority of any parish to create communications
districts composed of territory lying within the parish. Provides for the establishment of the
number 911 as the primary emergency telephone number for use in communications districts
and for the identification of all streets, roads, highways, and dwelling places in the districts.
Provides that the districts are political subdivisions of the state and are generally governed
by a seven-member board of commissioners.
Proposed law retains present law.
Present law provides that the Federal Communications Commission (FCC) has issued
rulings requiring that suppliers of cellular and other forms of wireless telecommunications
services capable of accessing the 911 emergency telephone number provide certain
enhancements to their services when requested by a communications district. Provides that
these enhancements will automatically provide the number and location of the wireless caller
to the communications district when a caller accesses 911.
Proposed law removes present law and instead provides that the FCC has outlined a plan that
will require the public safety community to field a new generation of 911 emergency call
services which will allow the use of additional and widely used digital media to contact
Public Safety Answering Points (PSAPs). Provides that Next Generation 911 (NG911) will
permit the public use of text messages, data, videos, as well as voice to transmit emergency
information to the servicing PSAP and will allow this data to be further shared with first
responders for their use enroute to and at emergency scenes. Provides that specific
technological enhancements must be made within each PSAP in order to receive and utilize
this information from wireless devices.
Present law defines the term "CMRS" to mean commercial mobile radio service under
provisions of federal law (Section 3(27) and 332(d) of the Telecommunications Act of 1996,
47 U.S.C. Section 151 et. seq., and the Omnibus Budget Reconciliation Act of 1993, Pub L.
103-66). Provides that the term includes "wireless" and includes service provided by any
wireless real time two-way voice communication device, including a radio-telephone
communications line used in cellular telephone service, a personal communication service,
specialized mobile radio service, or a network radio access line.
Proposed law removes present law and provides that such term shall be as defined by
provisions of federal law (47 C.F.R. 20.3). Provides that the term includes any wireless
service capable of accessing 911 through the use of voice, text, video, image, data, or any
other means.
Present law defines the term "exchange access facilities" to mean all lines, provided by the
service supplier for the provision of local exchange service, as defined in existing general
subscriber services tariffs.
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Proposed law retains present law and additionally provides that the term shall include all
lines as defined in federal law (47 C.F.R. 9.3) interconnected Voice over Internet Protocol
(VoIP).
Present law defines the term "FCC" to mean the order of the Federal Communications
Commission, FCC Docket No. 94-102, adopted on June 12, 1996, and released on July 26,
1996. Defines the term "wireless E911 service" to mean E911 service that provides
automatic number identification of wireless subscribers as required by the FCC order.
Proposed law removes present law.
Present law authorizes each communications district to levy a service charge on CMRS.
Provides that such service charge:
(1)Shall be levied on all CMRS service which enables a user to access 911.
(2)Shall not exceed 85 cents per month per connection or the rate the district levies or
is authorized to levy on July 9, 1999, whichever is higher.
(3)Shall be levied by resolution or ordinance, provided however, that if the district
levies an emergency telephone service charge, tax, charge, surcharge or fee on July
9, 1999, then it is not required to adopt a new ordinance or resolution except to
change the rate thereof.
Proposed law provides that the service charge shall not exceed $1.25 per month per
connection or the rate the district levies or is authorized to levy on Aug. 1, 2016, whichever
is higher. Provides that if the district levies an emergency telephone service charge, tax,
charge, surcharge or fee on Aug. 1, 2016, then it is not required to adopt a new ordinance or
resolution except to change the rate thereof. Proposed law otherwise retains present law.
Present law provides that any person or entity otherwise exempt from taxation shall be
exempt from the service charge. Proposed law removes present law.
Present law, relative to districts with a population of not less than 20,000, requires that the
proceeds of the service charge collected after July 9, 1999, be used for the payment of
service suppliers' and district's costs associated with enhancements required by federal law
and for any lawful purpose of the district. Provides for cooperative endeavors between the
district and service suppliers for paying such costs. Requires that once the district
determines that funds are sufficient for implementation of enhancements by the district and
all suppliers in the district, the district shall request that the suppliers make the
enhancements. Requires that all enhancements be made within one year of the initial levy
of the service charge in a district having a population of 30,000 or more and within 18
months in a district with a population of between 20,000 and 30,000. Provides that if a
district required to make the enhancements fails to begin making such enhancements within
the required time after requesting that the service suppliers collect the service charge, the
service suppliers shall cease collecting the charge. Relative to districts with a population of
less than 20,000 provides that the proceeds may be used for any lawful purpose of the
district.
Proposed law removes present law.
Present law provides that districts are subject to financial audit pursuant to present law.
Requires that each district submit an annual report to the legislative auditor, which report
shall include information on the revenues derived from the service charge and the uses
thereof. Requires that such report also include the status of implementation of wireless E911
service.
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Proposed law removes present law except that districts will continue to be subject to audit
pursuant to present law.
Present law requires that each "wireless" service supplier establish a mechanism to permit
a district to have full-time access to customer data needed to assist in emergency response.
Prohibits any other use of such information and requires that it remain confidential and not
be subject to present law relative to disclosure of public records. Further requires that
"wireless" suppliers adhere to standards as may be established by the National Emergency
Number Association. Requires that until promulgation of such standards, a "wireless"
supplier shall adhere to common industry standards.
Proposed law retains present law except removes reference to the term "wireless".
Proposed law requires all revenues collected from the assessment of 911 surcharge fees to
be used for the sole purpose of providing 911 emergency response communications services
and operations. Prohibits diversion of the revenues for use by any other entity or for any
other purpose other than those outlined in the present law and proposed law.
(Amends R.S. 33:9106(A)(3)-(5) and 9109; Adds R.S. 33:9109.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Add proposed law to require all revenues collected from the assessment of 911
surcharge fees to be used for the sole purpose of providing 911 emergency
response communications services and operations. Prohibits diversion of the
revenues for use by any other entity or for any other purpose other than those
outlined in the present law and proposed law.
The House Floor Amendments to the engrossed bill:
1. Add proposed law to modify the present law definitions of "exchange access
facilities", "service supplier", and "service user".
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