GREEN SHEET REDIGEST
HB 805 2016 Regular Session Broadwater
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
DISTRICTS/COMMUNICATIONS: P rovides relative to communication districts
DIGEST
Proposed law defines "exchange access facilities", "exchange access lines", or "lines",
"service supplier", and "service user".
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 states 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.
Proposed law retains provisions that provides for civil immunity for the provision of 911
services by wireless service suppliers and all communications districts.
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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Prepared by James Benton. 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. 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.
Present law provides that the district shall be audited pursuant to the provisions of R.S.
24:513. Further provides that each district shall submit an annual report to the legislative
auditor which includes information on the revenues derived from the service charge
authorized by proposed law and the use of such revenues.
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Prepared by James Benton. 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.
Effective August 1, 2016.
(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".
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the reengrossed bill
1. Added provisions establishing Statewide 9-1-1 Advisory Board.
Committee Amendments Proposed by Senate Committee on Revenue and Fiscal Affairs
to the reengrossed bill
1. Restores provisions allowing for civil immunity for the provision of 911 services
by wireless service suppliers and all communications districts.
2. Restores provision requiring annual reporting to the legislative auditor by each
communication district.
3. Removes provisions establishing Statewide 9-1-1 Advisory Board.
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Prepared by James Benton.