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65.7629 Powers and duties of board.
The board shall administer the provisions of KRS 65.7621 to 65.7643, and shall have the
following powers and duties:
(1) To review, evaluate, and approve or disapprove the plans or plan modifications that
are submitted to the board for complying with the wireless E911 service
requirements established by the FCC order and by any rules or regulations which
are or may be adopted by the Federal Communications Commission in carrying out
the FCC order;
(2) To develop standards to be followed by the board in reviewing, evaluating,
approving, or disapproving the plans or plan modifications that are submitted to the
board;
(3) (a) To collect the CMRS service charge from each CMRS connection:
1.
With a place of primary use, as defined in 4 U.S.C. sec. 124, within the
Commonwealth; or
2.
For prepaid CMRS connections, until January 1, 2017, at which time the
CMRS prepaid service charge imposed under KRS 65.7634 and
collected under KRS 142.100 to 142.135 shall take effect and this
subparagraph shall no longer be in force:
a.
With a place of primary use, as defined in 4 U.S.C. sec. 124,
within the Commonwealth; or
b.
With a geographical location associated with the first six (6) digits,
or NPA/NXX, of the mobile telephone number is inside the
geographic boundaries of the Commonwealth.
(b) The CMRS postpaid service charge, and until January 1, 2017, the CMRS
prepaid service charge, shall be seventy cents ($0.70) per month per CMRS
connection, to be calculated, collected, and remitted in accordance with KRS
65.7635. The amount of the CMRS service charge shall not be increased
except by act of the General Assembly;
(4) To deposit the proceeds of the CMRS prepaid service charge levied under KRS
65.7634 that are collected by the Department of Revenue into the CMRS fund
established by KRS 65.7627 and to distribute those revenues in accordance with
KRS 65.7631. The CMRS prepaid service charge shall be calculated, collected, and
remitted in accordance with KRS 65.7634 and 142.100 to 142.135;
(5) To administer and maintain the CMRS fund according to the provisions of KRS
65.7627, and promptly to deposit all revenues from the CMRS service charges into
the CMRS fund;
(6) To make disbursements from the CMRS fund, according to the allocations and
requirements established in KRS 65.7631;
(7) To establish procedures and guidelines to be followed by the board in reviewing,
evaluating, and approving or disapproving disbursements from the CMRS fund and
requests for disbursements made in accordance with KRS 65.7631;
(8) To resolve conflicts regarding reimbursable costs and expenses under KRS
(9)
(10)
(11)
(12)
(13)
(14)
65.7631(4);
To submit annual reports to the Auditor of Public Accounts no later than sixty (60)
days after the close of each fiscal year, which shall provide an accounting for all
CMRS service charges deposited into the CMRS fund during the preceding fiscal
year and all disbursements to CMRS providers and PSAPs during the preceding
fiscal year;
To employ consultants, engineers, and other persons and employees as may be, in
the judgment of the board, essential to the board's operations, functions, and
responsibilities, and to fix and pay their compensation from funds available to the
board;
To acquire, by gift, purchase, installment purchase, or lease, any equipment
necessary to carry out the board's purposes and duties;
To retain any and all information, including all proprietary information, that is
submitted to the board by CMRS providers and PSAPs, for the purposes of
maintaining it and verifying its accuracy;
To retain, with approval by the Auditor of Public Accounts, an independent
certified public accountant who shall audit, once every twenty-four (24) months, the
books of the board, CMRS providers, and PSAPs eligible to request or receive
disbursements from the CMRS fund under KRS 65.7631 for the following
purposes:
(a) To verify the accuracy of collection, receipts, and disbursements of all
revenues derived from the CMRS service charges and the number of wireless
E911 calls received by each PSAP eligible to request or receive disbursements
from the CMRS fund;
(b) To determine whether the revenues generated by the CMRS service charges
equal, exceed, or are less than the costs incurred in order to comply with the
FCC order;
(c) To determine the sufficiency of the funds currently being withheld for
administrative purposes under KRS 65.7631(2); and
(d) To verify the accuracy of CMRS customer count information reported to the
board by CMRS providers.
The independent certified public accountant shall make a report of the audits to the
board and to the appropriate chief executive officer or officers of the CMRS
providers and PSAPs, and to the local governments responsible for the formation of
the PSAP. The independent certified public accountant shall also forward a copy of
the audits conducted pursuant to this subsection to the Legislative Research
Commission for referral to the appropriate committee or committees and to the
Auditor of Public Accounts. Upon request, the independent certified accountant
shall send any work papers related to the audits to the Auditor of Public Accounts.
All information with respect to the audits shall be released to the public or
published only in aggregate amounts which do not identify or allow identification of
numbers of subscribers or revenues attributable to individual CMRS providers;
To ensure that all carriers have an equal opportunity to participate in the wireless
(15)
(16)
(17)
(18)
(19)
E911 system;
To ensure that wireless E911 systems are compatible with wireline E911 systems;
To determine the appropriate method for disbursing funds to PSAP's based on
wireless workload under KRS 65.7631(5)(b);
To develop standards and protocols for the improvement and increased efficiency of
911 services in Kentucky;
To provide direct grants or state matches for federal, state, or private grants for the
establishment or improvement of the 911 emergency telecommunications system in
the Commonwealth; and
To develop and implement standards for advancements and new technology in the
operation of emergency telecommunications in the state, including the development
and implementation of next generation 911 service.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 111, sec. 8, effective July 15, 2016. -- Amended
2006 Ky. Acts ch. 219, sec. 4, effective July 12, 2006. -- Amended 2002 Ky. Acts ch.
69, sec. 3, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 42, sec. 1, effective
June 21, 2001. -- Created 1998 Ky. Acts ch. 535, sec. 5, effective July 15, 1998.
Legislative Research Commission Note (7/15/2002). The amendments made to
subsection (3) of this statute in 2002 Ky. Acts ch. 69, sec. 3, "take effect for customer
service bills issued after August 1, 2002." 2002 Ky. Acts ch. 69, sec. 6.
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