2005 North Carolina Code - General Statutes Article 2 - Wireless Telephone Service.

Article 2.

Wireless Telephone Service.

§ 62A‑21.� Definitions.

As used in this Article:

(1)������ "Active prepaid wireless telephone service" means a prepaid wireless telephone service that has been used by the customer during the month to complete a telephone call for which the customer's card or balance was decremented.

(1a)���� "Automatic location identification" or "ALI" means a wireless Enhanced 911 service capability that enables the automatic display of information defining the approximate geographic location of the wireless telephone used to place a 911 call in accordance with the FCC Order and includes pseudoautomatic number identification.

(2)������ "Automatic number identification" or "ANI" means a wireless Enhanced 911 service capability that enables the automatic display of a mobile handset telephone number used to place a 911 call.

(3)������ "CMRS" means "commercial mobile radio service" under sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. § 151, et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103‑66, August 10, 1993, 107 Stat. 312. It includes the term "wireless" and service provided by any wireless two‑way voice communication device, including radio‑telephone communications used in cellular telephone service, personal communications service, or the functional competitive equivalent of a radio‑telephone communications line used in cellular telephone service, a personal communications service, SMR mobile service, or a network radio access line which has access to E911 service.

(4)������ "CMRS connection" means each mobile handset telephone number assigned to a CMRS customer with a place of primary use in North Carolina.

(5)������ "CMRS provider" means a person or entity, facilities‑based and nonfacilities‑based, who is licensed by the FCC to provide CMRS service or is reselling CMRS service.

(6)������ "Eligible PSAPs" means those public safety answering points that have opted to provide wireless Enhanced 911 service and have submitted written notice to their CMRS providers and to the Wireless 911 Board.

(7)������ "FCC Order" means the Order of the Federal Communications Commission, FCC Docket No. 94‑102, adopted on December 1, 1997.

(7a)���� "GIS mapping" means the development of a computerized geographical display system of roads and structures where emergency response may be required.

(8)������ "Local exchange carrier" means any entity that is authorized to engage in the provision of telephone exchange service or exchange access in North Carolina.

(9)������ "Mobile set telephone number" means the number assigned to a CMRS connection, including the 10‑digit number assigned to a CMRS mobile phone.

(9a)���� "Prepaid wireless telephone service" means wireless telephone service for which no monthly invoices are received, that is activated in advance by payment for a finite dollar amount of service or for a finite set of minutes that terminate either upon use by a customer and delivery by a CMRS provider or reseller of an agreed upon amount of service corresponding to the total dollar amount paid in advance or within a certain period of time following the initial purchase or activation unless additional payments are made.

(9b)���� "Primary PSAP" means the first point of reception of a 911 call by a public safety answering point.

(10)���� "Proprietary information" means customer lists and other related information, technology descriptions, technical information, or trade secrets, including the term "trade secrets" as defined by the North Carolina Trade Secrets Protection Act, G.S. 66‑152, and the actual or developmental costs of wireless Enhanced 911 systems that are developed, produced, or received internally by a CMRS provider or by a CMRS provider's employees, directors, officers, or agents.

(11)���� "PSAP" ("public safety answering point") means the public safety agency that receives incoming 911 calls and dispatches appropriate public safety agencies to respond to such calls.

(12)���� "Pseudoautomatic number identification" or "Pseudo‑ANI" means a wireless Enhanced 911 service capability that enables the automatic display of the number of the cell site or cell face and is used to identify the approximate location of a wireless caller.

(13)���� "Service supplier" means a person or entity who provides exchange telephone service to a telephone subscriber.

(13a)�� "Shared resources" means any element that is used for both receiving wire line 911 calls and wireless 911 calls and is an eligible expense under G.S. 62A‑8 and G.S. 62A‑25.

(13b)�� "Subscriber" means a person who subscribes to a CMRS service or prepaid wireless service.

(14)���� "Wireless 911 system" means an emergency telephone system that provides the user of a CMRS connection the ability to reach a PSAP by dialing the digits 911 and complements a wireless Enhanced 911 system.

(14a)�� "Wireless Enhanced 911 State plan" means a document prepared, maintained, and updated by the Wireless 911 Board that provides for all aspects of the State's integrated wireless Enhanced 911 system, including the Board's determination of permitted uses of moneys from the Wireless Fund and the amounts disbursed from the Fund to CMRS providers and PSAPs.

(15)���� "Wireless Enhanced 911 system" means an emergency telephone system that provides the user of the CMRS connection with wireless 911 service and, in addition, directs 911 calls to appropriate PSAPs by selective routing based on the geographical location from which the call originated and provides the capability for ANI (or Pseudo‑ANI) and ALI features, in accordance with the requirements of the FCC Order.

(16)���� "Wireless Fund" means the Wireless Emergency Telephone System Fund required to be established and maintained pursuant to G.S. 62A‑22(c). (1998‑158, s. 1; 2002‑16, s. 15; 2005‑439, s. 1.)

 

§ 62A‑22.� Wireless 911 Board.

(a)������ There is created a Wireless 911 Board ("Board"), consisting of 13 members as follows:

(1)������ Two members appointed by the Governor, one upon the recommendation of the North Carolina League of Municipalities and one upon the recommendation of the North Carolina Association of County Commissioners;

(2)������ Five members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, one of whom shall be a sheriff, three representing CMRS providers licensed to do business in North Carolina and one representing the North Carolina Chapter of the Association of Public Safety Communications Officials (APCO);

(3)������ Five members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, one of whom shall be a chief of police, two representing CMRS providers licensed to do business in North Carolina, one representing local exchange carriers licensed to do business in North Carolina, and one representing the North Carolina Chapter of the National Emergency Number Association (NENA); and

(4)������ The State Chief Information Officer or the Chief Information Officer's designee, who shall serve as the chair.

A quorum of the Board shall consist of seven members. The Board shall meet upon the call of the chair.

(b)������ Each member shall serve a term of four years and may be appointed to no more than two successive terms. Members shall remain in office until their successors are appointed and qualified. Vacancies shall be filled in the same manner as the original appointment.

(b1)���� G.S. 14‑234 shall apply to members, officers, and employees of the Board. Members, officers, and employees of the Board shall disclose any interest, direct or indirect, they have in any firm or corporation interested in contracting with the Board, and the nature of that interest shall be included in the Board's minutes. A member, officer, or employee of the Board shall not participate in decisions involving parties with whom they have a conflict of interest.

(b2)���� The Governor may remove any member for misfeasance, malfeasance, or nonfeasance in accordance with G.S. 143B‑13(d).

(c)������ There is established with the Treasurer the Wireless Fund into which the Board shall deposit all revenues derived from the service charge levied on CMRS connections in the State and collected pursuant to G.S. 62A‑23. The Wireless Fund shall be a separate fund restricted to the uses set forth in this Article.

(d)������ Consistent with the provisions of G.S. 143‑3.2, the Board shall disburse the revenues remitted to the Wireless Fund in the manner set forth in G.S. 62A‑25. The Board shall establish procedures for disbursement of these revenues and advise the CMRS providers and eligible counties of such procedures within 60 days after all members are appointed pursuant to G.S. 62A‑22(a).

(e)������ The Board shall serve without compensation, but members of the Board shall receive per diem, subsistence, and travel allowances at the rate established in G.S. 138‑5. (1998‑158, s. 1; 2001‑487, s. 21(a); 2005‑439, s. 2.)

 

§ 62A‑22.1.� Powers and duties of the Board.

The Wireless 911 Board shall have the following powers and duties:

(1)������ To levy a monthly wireless Enhanced 911 service charge on each CMRS connection. The service charge is not a tax.

(2)������ To make and enter into contracts and agreements necessary or incidental to the performance of its duties and powers under this Article, including purchase agreements that are paid with funds from the administrative fee allowed under G.S. 62A‑26 and other moneys appropriated to or received by the Board for the wireless Enhanced 911 system.

(3)������ To accept gifts, grants, or other moneys for purposes of furthering the intent of this Article.

(4)������ To develop a comprehensive wireless Enhanced 911 telecommunications plan for communicating Enhanced 911 call information across networks and among PSAPs. In constructing and periodically updating the plan, the Board shall monitor trends and advances in wireless Enhanced 911 telecommunications technology, investigate and utilize development of other resources within the State as part of the wireless Enhanced 911 State plan, including GIS mapping and Voice over Internet Protocol (VoIP), and formulate strategies for the efficient and effective delivery of wireless Enhanced 911 telecommunications services.

(5)������ To provide or fund advisory services and training for PSAPs in accordance with policies and procedures established by the Board.

(6)������ To advocate for issues related to wireless Enhanced 911 system functions, features, and operations to improve the delivery of wireless Enhanced 911 services to residents of and visitors to the State.

(7)������ To take other necessary and proper action to implement the provisions of this Article. (2005‑439, s. 3.)

 

§ 62A‑23.� Amount of service charge.

(a)������ The rate of the monthly wireless Enhanced 911 service charge shall be set at seventy cents (70�) per month per each CMRS connection beginning October 1, 2005. The service charge shall have uniform application and shall be imposed throughout the State.

(b)������ The Board may adjust the service charge on July 1 of every even‑numbered year. The Board is to set the service charge at such a rate as to ensure full recovery for CMRS providers and for primary PSAPs, over a reasonable period of time, of the costs allowed in G.S. 62A‑25(b) and associated with developing and maintaining a wireless Enhanced 911 system. If necessary to ensure full recovery of costs for both CMRS providers and eligible primary PSAPs over a reasonable period of time, the Board may annually adjust the allocation percentages set forth in G.S. 62A‑25(a) and G.S. 62A‑25(b), or reallocate funds comprising the Wireless Fund, provided, however, that any adjustment or reallocation shall be consistent with the requirements of the FCC Order.

(b1)���� The service charge shall also be imposed upon prepaid wireless telephone service subscribers. CMRS providers of prepaid wireless telephone service shall collect and remit to the Board the service charge under one of the following methods:

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

(2)������ The CMRS provider shall divide the total earned prepaid wireless telephone service revenue received by the CMRS provider with respect to each active prepaid wireless telephone service customer in the State within the monthly 911 reporting period by fifty dollars ($50.00) and multiply the quotient by the service charge amount.

(c)������ The service charge shall not exceed eighty cents (80�) per month.

(d)������ The Board may adopt other rules and procedures as may be necessary to effect the provisions of this act but may not regulate any other aspect of the provision of wireless Enhanced 911 service, such as technical standards.

(e)������ No other State agency or local government may levy any additional surcharge relating to the provision of wireless Enhanced 911 service. (1998‑158, s. 1; 2003‑416, s. 29(b); 2005‑439, s. 4.)

 

§ 62A‑24.� Management of funds.

(a)������ Except for prepaid wireless telephone service, each CMRS provider, as a part of its monthly billing process, shall collect from its subscribers the wireless Enhanced 911 service charge described in G.S. 62A‑23. The CMRS provider may list the service charge as a separate entry on each bill. If a CMRS provider receives a partial payment for a monthly bill from a subscriber, the provider shall apply the payment first against the amount the subscriber owes the provider.

(b)������ A CMRS provider has no obligation to take any legal action to enforce the collection of the service charges for which any subscriber is billed. However, a collection action may be initiated by the Board and reasonable costs and attorneys' fees associated with that collection action may be awarded.

(c)������ Each CMRS provider shall be entitled to deduct a one percent (1%) administrative fee from the total service charges collected.

(d)������ All service charges collected by the CMRS providers, less the administrative fee described in subsection (c) of this section, are to be remitted to the Wireless Fund, not later than 30 days after the end of the calendar month in which such service charges are collected. (1998‑158, s. 1; 2005‑439, s. 5.)

 

§ 62A‑25.� Use of funds.

(a)������ Fifty‑three percent (53%) of the funds in the Wireless Fund established in G.S. 62A‑22(c) shall be used to reimburse CMRS providers, in response to sworn invoices submitted to the Board, for the actual costs incurred by the CMRS providers in complying with the wireless 911 requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order, including costs and expenses incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required in order to provide such service as well as the recurring and nonrecurring costs of operating such service. All costs and expenses must be commercially reasonable.

(b)������ Forty‑seven percent (47%) of the funds in the Wireless Fund established in G.S. 62A‑22(c) shall be used to make monthly distributions to eligible primary PSAPs (the "PSAP Fund"). Money from the PSAP Fund shall be used only to pay for the lease, purchase, or maintenance of emergency telephone equipment for the wireless Enhanced 911 system, including necessary computer hardware, software and database provisioning, nonrecurring costs of establishing a wireless Enhanced 911 system, and expenses related to shared resources. For purposes of this section, shared resources expenses are limited to those expenses identified in this section and G.S. 62A‑8 and shall not exceed an amount determined reasonable by the Board. Money from the PSAP Fund shall also be used to pay the rates associated with the local telephone companies' charges related to the operation of the wireless Enhanced 911 system. The PSAP Fund shall be distributed as follows:

(1)������ Fifty percent (50%) of it shall be divided equally among the total number of eligible primary PSAPs in North Carolina. However, monthly distribution shall be made only to those eligible primary PSAPs that have complied with the provisions of this Article. Distribution to each eligible primary PSAP will begin the month following its compliance with the provisions of this Article. All monies remaining in this portion of the PSAP Fund on June 30 of each year will then be evenly distributed to each of the eligible primary PSAPs.

(2)������ The other fifty percent (50%) shall be divided pro rata among the eligible primary PSAPs based on the population served by the PSAP. However, monthly distribution shall be made only to those primary PSAPs that have complied with the provisions of this Article. Distribution to each eligible primary PSAP will begin the month following its compliance with the provisions of this Article. The population data to be used shall be the latest certified county and official municipal estimates of population published by the Office of State Budget and Management. All monies remaining in this portion of the PSAP Fund on June 30 of each year will then be distributed to each of the eligible primary PSAPs based on the population served by the primary PSAP.

(c)������ Sworn invoices shall be presented by CMRS providers in connection with any request for reimbursement under this section. In no event shall any invoice for reimbursement be approved for the payment of costs that are not related to compliance with the wireless Enhanced 911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order.

(d)������ In no event shall any invoice for reimbursement be approved for payment of costs of any CMRS provider exceeding the lesser of one hundred percent (100%) of the eligible costs allowed under G.S. 62A‑25(b) or one hundred twenty‑five percent (125%) of the service charges remitted by such CMRS provider unless prior approval for such expenditures is received from the Board. If the total amount of invoices submitted to the Board and approved for payment exceeds the amount in the Wireless Fund in any month, CMRS providers that have invoices approved for payment shall receive a pro rata share of the Wireless Fund, based on the relative amount of their approved invoices available that month, and the balance of the payments will be carried over to the following month or months and shall include interest at a rate equal to the rate earned by the Wireless Fund until all of the approved payments are made.

(e)������ In January of each year every participating PSAP will submit to the Board a copy of its governing agency's approved budget detailing the PSAP's revenues and expenditures associated with the operation of its wireless Enhanced 911 system. PSAPs must comply with all requests by the Board for financial information related to the operation of the wireless Enhanced 911 system. The PSAP budget shall identify revenues and expenditures for eligible expense reimbursements as provided in G.S. 62A‑25(b).

(f)������� On February 15, 2000, and every two years thereafter the Board shall report to the Joint Legislative Commission on Governmental Operations and the Revenue Laws Study Committee. The report shall contain complete information regarding receipts and expenditures of all funds received by the Board during the period covered by the report as well as the status of wireless Enhanced 911 systems in North Carolina at the time of the report. The first report shall cover the period from the formation of the Board to December 31, 1999. Each succeeding report shall cover the two‑year period of time from the ending date of the previous report.

(g)������ To receive funds under this section, a PSAP must comply with the wireless Enhanced 911 service requirements established by the FCC Order and any rules and regulations that are or may be adopted by the FCC pursuant to the FCC Order. A county or municipality that has one or more PSAPs shall submit in writing to the Board information that identifies the PSAPs in the manner required by the FCC Order. (1998‑158, s. 1; 1999‑456, s. 18; 2000‑140, s. 93.1(b); 2001‑424, s. 12.2(b); 2005‑439, s. 6.)

 

§ 62A‑25.1.� Unauthorized use of funds.

The Board shall give written notice of violation to any CMRS provider or PSAP found by the Board to be using moneys from the Wireless Fund for purposes not authorized by this Article. Upon receipt of notice, the CMRS provider or PSAP shall cease making any unauthorized expenditures. The CMRS provider or PSAP may petition the Board for a hearing on the question of whether the expenditures were unauthorized, and the Board shall grant the request within a reasonable period of time. If, after the hearing, the Board concludes the expenditures were in fact unauthorized, the Board may require the CMRS provider or PSAP to refund the moneys improperly spent within 90 days, and the moneys shall be deposited into the Wireless Fund. If a CMRS provider or PSAP does not cease making unauthorized expenditures or refuses to refund improperly spent moneys, the Board may suspend funding to the provider or PSAP until corrective action is taken. (2005‑439, s. 7.)

 

§ 62A‑26.� Administrative fee.

The Board shall be entitled to deduct a one percent (1%) administrative fee from the total service charges remitted by the CMRS providers for its expenses. (1998‑158, s. 1.)

 

§ 62A‑27.� Provision of services.

In accordance with the FCC Order, no CMRS provider shall be required to provide wireless Enhanced 911 service until such time as (i) the provider receives a request for such service from the administrator of a PSAP that is capable of receiving and utilizing the data elements associated with the service; (ii) funds are available pursuant to G.S. 62A‑24; and (iii) the local exchange carrier is able to support the wireless Enhanced 911 system. (1998‑158, s. 1.)

 

§ 62A‑28.� Audit.

The State Auditor may perform audits pursuant to Article 5A of Chapter 147 of the General Statutes to ensure that funds in the Wireless Fund are being managed in accordance with the provisions of this Article and shall perform an audit at least every two years. The State Auditor shall provide the audit to the Board when it meets to consider adjusting the service charge pursuant to G.S. 62A‑23. The cost of audits shall be reimbursed to the State Auditor by the Board. (1998‑158, s. 1.)

 

§ 62A‑29.� Customer records.

Each CMRS provider shall provide its 10,000 number groups to the PSAPs upon request. This information shall remain the property of the disclosing CMRS provider and shall be used only in providing emergency response services to 911 calls. CMRS connection information obtained by PSAP personnel for public safety purposes is not public information under Chapter 132 of the General Statutes. No person shall disclose or use, for any purpose other than for the wireless 911 calling system, information contained in the database of the telephone network portion of a wireless 911 calling system established pursuant to this Article. (1998‑158, s. 1.)

 

§ 62A‑30.� Proprietary information.

All proprietary information submitted to the Board or the State Auditor shall be retained in confidence. Proprietary information submitted pursuant to this Article shall not be subject to disclosure under Chapter 132 of the General Statutes, or otherwise released to any person other than to the submitting CMRS provider, the Board, and the independent, third‑party auditor retained pursuant to G.S. 62A‑26, without the express permission of the submitting CMRS provider. Further, proprietary information shall constitute trade secrets as defined by the North Carolina Trade Secrets Protection Act, Article 24 of Chapter 66 of the General Statutes. General information collected by the Board or the State Auditor shall be released or published only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual CMRS provider. (1998‑158, s. 1.)

 

§ 62A‑31.� Limitation of liability.

A CMRS provider, local exchange company, service supplier, or their employees, directors, officers, or agents, except in cases of wanton or willful misconduct, shall not be liable for any damages in a civil action resulting from death or injury to any person or from damage to property incurred by any person in connection with developing, adopting, implementing, maintaining, or operating any wireless 911 system or wireless Enhanced 911 system. This section shall not apply to actions arising out of the operation or ownership of a motor vehicle. (1998‑158, s. 1.)

 

§ 62A‑32.� Misuse of wireless 911 system; penalty.

Wireless emergency telephone service shall be used solely for emergency communications by the public. Any person who knowingly uses or attempts to use wireless emergency telephone service or information for a purpose other than obtaining public safety assistance, or who knowingly uses or attempts to use wireless emergency telephone service in an effort to avoid any CMRS charges, is guilty of a Class 3 misdemeanor. If the value of the CMRS charge or service obtained in a manner prohibited by this section exceeds one hundred dollars ($100.00), the person is guilty of a Class 1 misdemeanor. (1998‑158, s. 1.)