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Public Act 095-0063 |
HB0463 Enrolled |
LRB095 03749 MJR 23778 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wireless Emergency Telephone Safety Act is |
amended by changing Sections 5, 10, 17, 35, and 70 as follows:
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(50 ILCS 751/5)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 5. Purpose. The General Assembly finds and declares it |
is in the
public interest to promote the use of wireless 9-1-1 |
and wireless enhanced
9-1-1 (E9-1-1) service in order to save |
lives and protect the property of the
citizens of the State of |
Illinois.
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Wireless carriers are required by the Federal |
Communications Commission (FCC)
to provide E9-1-1 service in |
the form of automatic location identification and
automatic |
number identification pursuant to policies set forth by the |
FCC.
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Public safety agencies and wireless
carriers are |
encouraged to work together to provide emergency access to
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wireless 9-1-1 and
wireless E9-1-1 service. Public safety |
agencies and wireless
carriers operating wireless 9-1-1 and |
wireless E9-1-1 systems require adequate
funding to
recover the |
costs of designing, purchasing, installing, testing, and |
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operating
enhanced facilities,
systems, and services necessary |
to comply with the wireless E9-1-1 requirements
mandated by
the |
Federal Communications Commission and to maximize the |
availability of
wireless E9-1-1 services throughout
the State |
of
Illinois.
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The revenues generated by the wireless carrier surcharge |
enacted by this Act
are
required to fund the efforts of the |
wireless carriers, emergency telephone
system boards,
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qualified governmental entities, and the Department of State |
Police to improve
the public health,
safety, and welfare and to |
serve a public purpose by providing emergency
telephone
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assistance
through wireless communications.
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It is the intent of the General Assembly to:
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(1) establish and implement a cohesive statewide |
emergency
telephone number that will provide wireless |
telephone users with rapid
direct access to public safety |
agencies by dialing the telephone number 9-1-1;
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(2) encourage wireless carriers and public
safety |
agencies to provide E9-1-1 services that will assist public |
safety
agencies in determining the caller's approximate |
location and wireless
telephone number;
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(3) grant authority to public safety agencies not |
already in possession of
the authority to finance the cost |
of installing and operating wireless 9-1-1
systems and |
reimbursing wireless carriers for costs incurred to |
provide
wireless E9-1-1 services; and
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(4) provide for a reasonable fee on wireless telephone |
service
subscribers to accomplish these purposes and |
provide for the enforcement and collection of such fees .
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(Source: P.A. 91-660, eff. 12-22-99 .)
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(50 ILCS 751/10)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 10. Definitions. In this Act:
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"Active prepaid wireless telephone" means a prepaid |
wireless telephone
that has been used or activated by the |
customer during the month to complete a
telephone call for |
which the customer's card or account was decremented.
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"Emergency telephone system board"
means a board appointed |
by the corporate authorities of any county or
municipality that |
provides
for the management and operation of a 9-1-1 system |
within the scope of the
duties and powers
prescribed by the |
Emergency Telephone System Act.
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"Master street address guide" means the computerized |
geographical database
that consists of all street and address |
data within a 9-1-1 system.
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"Mobile telephone number" or "MTN" shall mean the telephone |
number
assigned to a wireless telephone at the time of initial |
activation.
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"Prepaid wireless telephone service" means wireless |
telephone service
which is activated by payment in advance of a |
finite dollar amount or for a
finite set of minutes and which, |
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unless an additional finite dollar amount or
finite set of |
minutes is paid in advance, terminates either (i) upon
use by a |
customer and delivery by the wireless carrier of an agreed-upon |
amount
of service corresponding to the total dollar amount paid |
in advance, or within
a certain period of time following |
initial purchase or activation.
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"Public safety agency" means a functional division of a |
public agency that
provides fire fighting, police, medical, or |
other emergency services. For the
purpose of providing wireless |
service to users of 9-1-1 emergency services, as
expressly |
provided for in this Act, the Department of State Police may be
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considered a public safety agency.
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"Qualified governmental entity"
means a unit of local |
government authorized to provide 9-1-1 services
pursuant to the |
Emergency Telephone System Act where no emergency telephone
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system board exists. |
"Remit period" means the billing period, one month in |
duration, for which a wireless carrier, other than a prepaid |
wireless carrier that provides zip code information based upon |
the addresses associated with its customers' points of |
purchase, customers' billing addresses, or locations |
associated with MTNs, as described in subsection (a) of Section |
17, remits a surcharge and provides subscriber information by |
zip code to the Illinois Commerce Commission, in accordance |
with Section 17 of this Act.
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"Statewide wireless emergency 9-1-1 system" means all |
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areas of the State
where an emergency telephone system board |
or, in the absence of an emergency
telephone system board, a |
qualified governmental entity has not declared its
intention |
for one or more of its public safety answering points to serve |
as a
primary wireless 9-1-1 public safety answering point for |
its jurisdiction.
The operator of the statewide wireless |
emergency 9-1-1 system shall be the
Department of State Police.
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"Sufficient positive balance" means a dollar amount |
greater than or equal
to the monthly wireless 9-1-1 surcharge |
amount.
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"Wireless carrier" means a provider of two-way cellular, |
broadband PCS,
geographic area 800 MHZ and 900 MHZ Commercial |
Mobile Radio Service (CMRS),
Wireless Communications Service |
(WCS), or other Commercial Mobile Radio Service
(CMRS), as |
defined by the Federal Communications Commission, offering |
radio
communications that may provide fixed, mobile, radio |
location, or satellite
communication services to individuals |
or businesses within its assigned
spectrum block and |
geographical area or that offers real-time, two-way voice
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service that is interconnected with the public switched |
network, including a
reseller of such service.
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"Wireless enhanced 9-1-1" means the ability to relay the |
telephone number
of the originator of a 9-1-1 call and location |
information from any mobile handset or text telephone
device |
accessing the wireless system to the designated wireless public |
safety
answering point as set forth in the order of the Federal |
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Communications
Commission, FCC Docket No. 94-102, adopted June |
12, 1996, with an effective
date of October 1, 1996, and any |
subsequent amendment thereto.
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"Wireless public safety answering point" means the |
functional division of
an emergency telephone system board, |
qualified governmental entity, or the
Department of State |
Police accepting wireless 9-1-1 calls.
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"Wireless subscriber" means an individual or entity to whom |
a wireless
service account or number has been assigned by a |
wireless carrier.
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"Wireless telephone service" includes prepaid wireless |
telephone service
and means all "commercial mobile service", as |
that term is defined in 47 CFR
20.3, including all personal |
communications services, wireless radio telephone
services, |
geographic area specialized and enhanced specialized mobile |
radio
services, and incumbent wide area specialized mobile |
radio licensees that offer
real time, two-way service that is |
interconnected with the public switched
telephone network.
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(Source: P.A. 93-507, eff. 1-1-04.)
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(50 ILCS 751/17)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 17. Wireless carrier surcharge.
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(a) Except as provided in Section 45, each wireless
carrier |
shall impose a monthly wireless carrier surcharge per CMRS |
connection
that either has a telephone number within an area |
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code assigned to Illinois by
the North American Numbering Plan |
Administrator or has a billing address in
this State.
In the |
case of prepaid wireless telephone service, this surcharge |
shall be
remitted based upon the address associated with the |
point of purchase, the
customer billing
address, or the |
location associated with the MTN for each active prepaid
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wireless telephone that has a sufficient positive balance
as of |
the last day of each month, if that information is available. |
No
wireless carrier
shall impose the surcharge authorized by |
this
Section upon any subscriber who is subject to the |
surcharge imposed by a unit
of local
government
pursuant to |
Section 45.
The wireless carrier that provides wireless service |
to the
subscriber shall collect the surcharge set by the |
Wireless Enhanced 9-1-1 Board
from the subscriber.
For mobile |
telecommunications services provided on and after August 1, |
2002,
any surcharge imposed under this Act shall be imposed |
based upon the
municipality or county that encompasses
the |
customer's place of primary use as defined in the Mobile |
Telecommunications
Sourcing Conformity Act.
The surcharge |
shall be stated as a separate item on the
subscriber's monthly |
bill. The wireless carrier shall begin collecting the
surcharge |
on bills issued within 90 days after the Wireless Enhanced |
9-1-1
Board sets the monthly wireless surcharge. State and |
local taxes shall not
apply to the wireless carrier surcharge.
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(b) Except as provided in Section 45, a wireless carrier |
shall, within 45
days of collection, remit, either by check or |
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by electronic funds transfer, to
the State Treasurer the amount |
of the wireless carrier surcharge collected
from each |
subscriber. Of the amounts remitted under this subsection, the |
State
Treasurer shall deposit one-third into the Wireless |
Carrier Reimbursement Fund
and two-thirds into the Wireless |
Service Emergency Fund.
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(c) The first such remittance by wireless carriers shall |
include the number
of customers by zip code, and the 9-digit |
zip code if currently being used or
later implemented by the |
carrier, that shall be the means by which the
Illinois Commerce |
Commission shall determine distributions from
the Wireless |
Service Emergency Fund.
This information shall be updated no |
less often than every year. Wireless
carriers are not required |
to remit surcharge moneys that are billed to
subscribers but |
not yet collected. Any carrier that fails to provide the zip |
code information required under this subsection (c) or any |
prepaid wireless carrier that fails to provide zip code |
information based upon the addresses associated with its |
customers' points of purchase, customers' billing addresses, |
or locations associated with MTNs, as described in subsection |
(a) of this Section, shall be subject to the penalty set forth |
in subsection (f) of this Section. |
(d) Within 90 days after the effective date of this |
amendatory Act of the 94th General Assembly, each wireless |
carrier must implement a mechanism for the collection of the |
surcharge imposed under subsection (a) of this Section from its |
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subscribers. If a wireless carrier does not implement a |
mechanism for the collection of the surcharge from its |
subscribers in accordance with this subsection (d), then the |
carrier is required to remit the surcharge for all subscribers |
until the carrier is deemed to be in compliance with this |
subsection (d) by the Illinois Commerce Commission. |
(e) If before midnight on the last day of the third |
calendar month after the closing date of the remit period a |
wireless carrier does not remit the surcharge or any portion |
thereof required under this Section, then the surcharge or |
portion thereof shall be deemed delinquent until paid in full, |
and the Illinois Commerce Commission may impose a penalty |
against the carrier in an amount equal to the greater of: |
(1) $25 for each month or portion of a month from the |
time an amount becomes delinquent until the amount is paid |
in full; or |
(2) an amount equal to the product of 1% and the sum of |
all delinquent amounts for each month or portion of a month |
that the delinquent amounts remain unpaid. |
A penalty imposed in accordance with this subsection (e) |
for a portion of a month during which the carrier provides the |
number of subscribers by zip code as required under subsection |
(c) of this Section shall be prorated for each day of that |
month during which the carrier had not provided the number of |
subscribers by zip code as required under subsection (c) of |
this Section. Any penalty imposed under this subsection (e) is |
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in addition to the amount of the delinquency and is in addition |
to any other penalty imposed under this Section. |
(f) If, before midnight on the last day of the third |
calendar month after the closing date of the remit period, a |
wireless carrier does not provide the number of subscribers by |
zip code as required under subsection (c) of this Section, then |
the report is deemed delinquent and the Illinois Commerce |
Commission may impose a penalty against the carrier in an |
amount equal to the greater of: |
(1) $25 for each month or portion of a month that the |
report is delinquent; or |
(2) an amount equal to the product of 1/2¢ and the |
number of subscribers served by the wireless carrier. |
A penalty imposed in accordance with this subsection (f) |
for a portion of a month during which the carrier pays the |
delinquent amount in full shall be prorated for each day of |
that month that the delinquent amount was paid in full. Any |
penalty imposed under this subsection (f) is in addition to any |
other penalty imposed under this Section. |
(g) The Illinois Commerce Commission may enforce the |
collection of any delinquent amount and any penalty due and |
unpaid under this Section by legal action or in any other |
manner by which the collection of debts due the State of |
Illinois may be enforced under the laws of this State. The |
Executive Director of the Illinois Commerce Commission, or his |
or her designee, may excuse the payment of any penalty imposed |
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under this Section if the Executive Director, or his or her |
designee, determines that the enforcement of this penalty is |
unjust.
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(Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, |
eff. 7-30-04.)
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(50 ILCS 751/35)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 35. Wireless Carrier Reimbursement Fund; |
reimbursement. |
(a) To recover costs from the Wireless Carrier |
Reimbursement Fund, the wireless
carrier shall submit sworn |
invoices to the Illinois Commerce Commission. In no event may |
any invoice for payment be approved for (i) costs
that are not |
related to compliance with the requirements established by the
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wireless enhanced 9-1-1 mandates of the Federal Communications |
Commission, (ii)
costs with respect to any wireless enhanced |
9-1-1 service that is not operable
at the time the invoice is |
submitted, or (iii) costs in excess of the sum of (A) the |
carrier's balance, as determined under subsection (e) of this |
Section, plus (B) 100% of the surcharge
of any wireless carrier
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exceeding 100% of the wireless emergency services charges
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remitted to the
Wireless Carrier Reimbursement Fund by the |
wireless carrier under Section
17(b) since the last annual |
review of the balance in the Wireless Carrier Reimbursement |
Fund under subsection (e) of this Section, less reimbursements |
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paid to the carrier out of the Wireless Carrier Reimbursement |
Fund since the last annual review of the balance under |
subsection (e) of this Section, unless the wireless carrier |
received prior approval for the expenditures
from the Illinois |
Commerce Commission.
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(b) If in any month the total amount of invoices submitted |
to the Illinois Commerce Commission and approved for payment |
exceeds the amount
available in the Wireless Carrier |
Reimbursement Fund, wireless carriers that
have invoices |
approved for payment shall receive a pro-rata share of the |
amount
available in the Wireless Carrier Reimbursement Fund |
based on the relative
amount of their approved invoices |
available that month, and the balance of
the payments shall be |
carried into the following months until all of the approved
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payments
are made.
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(c) A wireless carrier may not receive payment from the |
Wireless Carrier
Reimbursement Fund for its costs of providing |
wireless enhanced 9-1-1 services
in an area when a unit of |
local government or emergency telephone system board
provides |
wireless 9-1-1 services in that area and was imposing and |
collecting a
wireless carrier surcharge prior to July 1, 1998.
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(d) The Illinois Commerce Commission shall maintain |
detailed records
of all receipts and disbursements and shall |
provide an annual accounting of all
receipts and disbursements |
to the Auditor General. |
(e) The Illinois Commerce Commission must annually review |
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the balance in the Wireless Carrier Reimbursement Fund as of |
June 30 of each year and shall direct the Comptroller to |
transfer into the Wireless Services Emergency Fund for |
distribution in accordance with Section 25 of this Act any |
amount in excess of the amount of deposits into the Fund for |
the 24 months prior to June 30 less: |
(1) the amount of paid and payables received by June 30 |
for the 24 months prior to June 30 as determined eligible |
under subsection (a) of this Section; |
(2) the administrative costs associated with the Fund |
for the 24 months prior to June 30; and |
(3) the prorated portion of any other adjustments made |
to the Fund in the 24 months prior to June 30. |
After making the calculation required under this |
subsection (e), each carrier's available balance for purposes |
of reimbursements must be adjusted using the same calculation.
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(f) The Illinois Commerce Commission shall adopt rules to |
govern the
reimbursement process.
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(Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
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(50 ILCS 751/70)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 70. Repealer. This Act is repealed on April 1, 2013
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2008 .
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(Source: P.A. 93-507, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon |