2005 Rhode Island Code - § 39-1-62 — E-911 Geographic Information System (GIS) and Technology Fund. [Repealed effective June 30, 2007.].

    (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. It also includes programs to create system redundancy and maintain state-of-the-art equipment technology.

   (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; and

   (3) Maintain state-of-the-art equipment technology.

   (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 prepaid, 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. 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 and shall be payable to the wireless telecommunications services provider by the subscriber or prepaid service customer 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, prepaid, 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 eight percent (8%) per annum 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 a 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). 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 ($.26) per wireless phone, prepaid, cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer, data or data only wireless lines or Internet communication or data instrument, device or means which has access to, connects with, activates or interfaces with or any combination of the above with the Rhode Island E-911 Uniform Emergency Telephone System per month and shall be in addition to the wireless surcharge charged under § 39-21.1-14. The twenty-six cents ($.26) is to be billed to all wireless telecommunication service providers, subscribers or prepaid service customers 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) With respect to prepaid wireless telecommunication service providers and customers, and notwithstanding anything to the contrary contained in this section, the surcharge shall be collected and remitted to the agency by the prepaid wireless telecommunication service provider under one of three methods:

   (i) The prepaid wireless telecommunication service provider shall collect the surcharge, on a monthly basis, from each active prepaid wireless telecommunication service customer whose account balance is equal to or greater than the amount of the service charge; or

   (ii) The prepaid wireless telecommunication service provider shall collect the surcharge, on a monthly basis, at the point of sale; or

   (iii) The prepaid wireless telecommunication service provider shall divide the total earned prepaid wireless telephone revenue received by the prepaid wireless telecommunication service provider within the monthly reporting period by fifty dollars ($50.00), and multiply the quotient by the amount of the surcharge.

   The surcharge amount or an equivalent number of air-time minutes may be reduced from a prepaid wireless telecommunication service customer's account when direct billing is not possible.

   (e) Administration. The agency shall collect monthly from the wireless telecommunications service providers as defined in § 39-21.1-3 the amounts of the surcharge collected from their subscribers or prepaid customers. The agency shall deposit such collections in an account maintained and administered by the Rhode Island 911 Emergency Telephone System for use in developing and maintaining the geographic information system database, creating system redundancy, and improving equipment technology. 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) 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.