2013 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS 65.7631 Apportionment of money in CMRS fund.
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65.7631 Apportionment of money in CMRS fund.
The moneys in the CMRS fund shall be apportioned among the approved uses of
the fund as specified in this section. The board shall make individual disbursements
from the fund upon such terms and conditions necessary in view of the amount of
revenues on deposit at the time each request for disbursement is reviewed and
approved.
(1) Not more than two and one-half percent (2.5%) of the total monthly revenues
deposited into the CMRS fund shall be disbursed or reserved for disbursement
by the board to pay the administrative costs and expenses incurred in the
operation of the board, including the compensation of the administrator and
expenses incurred pursuant to KRS 65.7629(10), (11), (13), (16), (17), and
(18). An additional sum, not to exceed two hundred fifty thousand dollars
($250,000), shall be available to the board from the fund to implement the
wireless workload formula under subsection (3)(b) of this section.
(2) (a) Not more than ten percent (10%) of the total monthly revenues deposited
into the CMRS fund shall be disbursed or reserved for disbursement by
the board to provide direct grants or matching money:
1.
For the establishment and improvement of E911 services in the
Commonwealth;
2.
For incentives to create more efficient delivery of E911 services by
local governments receiving funding under subsection (3) of this
section;
3.
For improvement of 911 infrastructure by wireless carriers receiving
funding under subsection (4) of this section; and
4.
For consolidation reimbursement of one hundred thousand dollars
($100,000) per PSAP, not to exceed two hundred thousand dollars
($200,000) per county, to any PSAP that consolidates with a
CMRS-certified PSAP, or creates a newly consolidated Phase II
compliant PSAP. Funds shall be applied toward the cost of
consolidating. If a PSAP consolidates and receives reimbursement,
the CMRS Board shall not certify a new PSAP within the same
county for a period of ten (10) years.
(b) When the balance of money collected under paragraph (a) of this
subsection and not yet disbursed for direct grants or matching moneys
exceeds two million dollars ($2,000,000), the excess amount shall be
allocated under the provisions of subsections (3) and (4) of this section.
(3) From the balance of the total monthly revenues deposited into the CMRS fund
after the amounts disbursed or reserved for disbursement under subsections
(1) and (2) of this section have been subtracted, eighty percent (80%) shall be
distributed to PSAPs eligible to receive disbursement from the CMRS fund
under subsection (5) of this section who actually request disbursement, as
follows:
(a) Forty percent (40%) shall be distributed according to the "PSAP pro rata
formula," whereby each receives a percentage determined by dividing
one (1) by the total number of PSAPs eligible to request and actually
requesting disbursements under subsection (5) of this section. Any
(4)
(5)
PSAPs certified before January 1, 2004, or for more than three (3) years,
that choose to consolidate their operations shall continue to receive
pro-rata shares as if they remained separate and distinct entities. The
consolidated entity must be certified to receive funds under subsection (5)
of this section; and
(b) Forty percent (40%) shall be distributed according to a method chosen by
the board and based on the wireless workload of the PSAP. Methods to
be considered may be based on the number of wireless 911 calls
answered by each PSAP, the number of wireless phone users served by
each PSAP, or any other method deemed by the board to be reasonable
and equitable. The method chosen shall be promulgated as a regulation
under KRS 65.7633.
All amounts distributed to PSAPs under this subsection shall be used by the
PSAPs solely for the purposes of answering, routing, and properly disposing of
CMRS 911 calls, training PSAP staff, public education concerning appropriate
use of 911, and of complying with the wireless E911 service requirements
established by the FCC order and any rules and regulations which are or may
be adopted by the Federal Communications Commission pursuant to the FCC
order, including the payment of costs and expenses incurred in designing,
upgrading, purchasing, leasing, programming, testing, installing, or maintaining
all necessary data, hardware, and software required in order to provide
wireless E911 service.
The balance of the total monthly revenues deposited into the CMRS fund
which remains after the disbursements or disbursement reservations
prescribed by subsections (1), (2), and (3) of this section have been made shall
be distributed to CMRS providers licensed to do business in the
Commonwealth solely for the purpose of reimbursing the actual expenses
incurred by the CMRS providers in complying with the wireless E911 service
requirements established by the FCC order and any rules and regulations
which are or may be adopted by the Federal Communications Commission in
carrying out the FCC order, including but not limited to costs and expenses
incurred for designing, upgrading, purchasing, leasing, programming, testing,
installing, or maintaining all necessary data, hardware, and software required in
order to provide wireless E911 service. Sworn invoices shall be presented to
the board in connection with any request for reimbursement under this
subsection, and approval by a majority vote of the board shall be required prior
to any disbursement, which approval shall not be withheld unreasonably. No
payment shall be made to any provider who is not in compliance with all
requirements of this chapter and the FCC order. In no event shall any invoice
for reimbursement be approved for payment of costs that are not related to
compliance with requirements established by the FCC order. If the total amount
of invoices submitted to the CMRS Board and approved for payment exceeds
the amount in the CMRS fund in any month, CMRS providers that have
invoices approved for payment shall receive a pro rata share of the fund
available that month, based on approved invoices, and the balance of the
payments shall be carried over to the following months until all of the approved
payments are made.
Notwithstanding any other provision of the law, no PSAP shall be eligible to
request or receive a disbursement from the CMRS fund under subsection (3) of
this section unless and until the PSAP:
(a) Is expressly certified as a PSAP by the CMRS Board, upon written
application to the CMRS Board;
(b) Demonstrates that the PSAP is providing E911 services to a local
government that has adopted an ordinance either imposing a special tax,
license, or fee as authorized by KRS 65.760(3) or has established other
means of funding wireline 911 emergency telephone service;
(c) Demonstrates that the administrator of the PSAP sent a request for
wireless, E911 service to a CMRS provider, and that the infrastructure of
the local exchange carrier will support wireless E911 service;
(d) Provides an accounting of the number of wireless E911 calls received by
the PSAP during the prior calendar year if requested by the board; and
(e) Demonstrates that the PSAP has made the investment which is
necessary to allow the PSAP to receive and utilize the data elements
associated with wireless E911 service.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 12, sec. 35, effective June 25, 2009. -Amended 2006 Ky. Acts ch. 219, sec. 5, effective July 12, 2006. -- Amended
2001 Ky. Acts ch. 42, sec. 2, effective June 21, 2001. -- Created 1998 Ky. Acts
ch. 535, sec. 6, effective July 15, 1998.
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