2012 Pennsylvania Consolidated Statutes
Title 35 - HEALTH AND SAFETY
Chapter 53 - Emergency Telephone Service
Section 5302 - Definitions

     § 5302.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "911 system."  A system, including enhanced 911 service, but
     excluding a wireless E-911 system, which permits a person
     dialing 911 by telephone to be connected to a public safety
     answering point, via normal telephone facilities, for the
     reporting of police, fire, medical or other emergency
     situations.
        "Advisory committee."  The E-911 Emergency Services Advisory
     Committee.
        "Agency."  The Pennsylvania Emergency Management Agency.
        "ALI."  Automatic location information.
        "ANI."  Automatic number identification.
        "Associated with Pennsylvania."  The term shall mean:
            (1)  In the case of the mobile telephone number (MTN),
        the geographical location associated with the first six
        digits or NPA-NXX of the MTN.
            (2)  In the case of a customer service address, the
        physical location of the address.
        "Automatic location information."  The delivery or receipt of
     the street address of the telephone or the geographic location
     of the wireless device, as specified in the FCC E-911 Order,
     being used to place a call to a 911 system or to a wireless E-
     911 system.
        "Automatic number identification."  The delivery or receipt
     of the telephone number assigned to the telephone or wireless
     device being used to place a call to a 911 system or to a
     wireless E-911 system.
        "Commission."  The Pennsylvania Public Utility Commission.
        "Competitive local exchange carrier."  A local exchange
     carrier that has been certificated as a competitive local
     exchange carrier by the Pennsylvania Public Utility Commission.
        "Consumer."  A person who purchases prepaid wireless
     telecommunications service or a prepaid wireless device in a
     retail transaction.
        "Contribution rate."  A fee assessed against a telephone
     subscriber for the nonrecurring costs, maintenance and operating
     costs of a 911 system.
        "Council."  The Pennsylvania Emergency Management Council.
        "County."  The term shall include a city of the first class
     coterminous with a county.
        "County plan."  A document submitted by the county on a
     triennial basis to the Pennsylvania Emergency Management Agency
     outlining its proposed and existing wireline and wireless 911
     and E-911 systems and procedures, including a contribution rate,
     for the forthcoming three years.
        "Emergency notification services."  Services provided by
     authorized agencies of Federal, State, county or local
     governments, or by persons authorized by these governments, that
     notify the public, using ANI/ALI database information, of
     emergencies declared by these governments.
        "Emergency support services."  Information or database
     management services provided by authorized agencies of Federal,
     State, county or local governments, or by persons authorized by
     these governments, that are used in support of PSAPs or
     emergency notification services.
        "Enhanced 911 service" or "E-911."  Emergency telephone
     service providing for automatic identification of caller
     location and calling number.
        "FCC E-911 Order."  All of the following:
            (1)  All orders issued by the Federal Communications
        Commission pursuant to the proceeding entitled "Revision of
        the Commission's Rules to Ensure Compatibility with Enhanced
        911 Emergency Calling Systems" (CC Docket No. 94-102)
        codified at 47 CFR § 20.18 (relating to 911 service) and any
        successor proceeding.
            (2)  Any Federal Communications Commission order that
        affects the provision of wireless E-911 service to wireless
        service customers.
        "Fund."  The Wireless E-911 Emergency Services Fund.
        "Interconnected Voice over Internet Protocol provider."  A
     person engaged in the business of providing VoIP service to end-
     use customers in this Commonwealth, including resellers.
        "Interconnected Voice over Internet Protocol service."
     Service as defined by any of the following:
            (1)  All orders issued by the Federal Communications
        Commission pursuant to the proceeding entitled "IP-Enabled
        Services" (WC Docket No. 04-36; FCC 05-116), codified at 47
        CFR Part 9 (relating to interconnected Voice over Internet
        Protocol services), and any successor proceeding.
            (2)  Any Federal Communications Commission order that
        affects the provision of 911 service or E-911 service to VoIP
        service customers or further defines interconnected Voice
        over Internet Protocol service.
        "Interconnected Voice over Internet Protocol service
     customer."  A person who is billed by an interconnected Voice
     over Internet Protocol provider, who is the end user of VoIP
     service and who has designated a primary place of use within
     this Commonwealth.
        "Interexchange carrier."  A person that is authorized by the
     Pennsylvania Public Utility Commission to provide long-distance
     telecommunications service.
        "Local exchange carrier."  A person, including a competitive
     local exchange carrier, that is authorized by the Pennsylvania
     Public Utility Commission to provide local exchange
     telecommunications service or exchange access.
        "Local exchange telephone service."  The provision of
     telephonic message transmission within an exchange, as defined
     and described in tariffs filed with and approved by the
     Pennsylvania Public Utility Commission.
        "Mobile telephone number" or "MTN."  The telephone number
     assigned to a wireless telephone at the time of initial
     activation.
        "NPA-NXX."  The first six digits of a ten-digit telephone
     number, including a mobile telephone number, representing the
     area code and exchange of the telephone number.
        "Person."  The term includes a corporation, a partnership, an
     association, the Federal Government, the State government, a
     political subdivision, a municipal or other local authority and
     a natural person.
        "Prepaid wireless device."  A wireless telephone that is
     purchased strictly for the purpose of initiating a prepaid
     calling service. The term does not include traditional wireless
     devices used for monthly calling plans.
        "Prepaid wireless E-911 surcharge."  The charge that is
     required to be collected by a seller from a consumer in the
     amount established under section 5311.4(b.1) (relating to
     Wireless E-911 Emergency Services Fund).
        "Prepaid wireless provider."  A person that provides prepaid
     wireless telecommunications service pursuant to a license issued
     by the Federal Communications Commission.
        "Prepaid wireless telecommunications service."  A wireless
     telecommunications service that meets all of the following:
            (1)  Allows a caller to dial 911 to access the 911
        system.
            (2)  Is paid for in advance and sold in predetermined
        units or dollars of which the number may or may not decline
        with use in a known amount.
        "Primary place of use."  The street address representative of
     where the customer's use of the VoIP service primarily occurs.
     For the purpose of VoIP 911 fees, primary place of use is the
     customer's registered location on the date the customer is
     billed.
        "PSAP."  A public safety answering point.
        "Public agency."  Any of the following:
            (1)  The Commonwealth.
            (2)  A political subdivision, public authority or
        municipal authority.
            (3)  An organization located in whole or in part within
        this Commonwealth which provides or has the authority to
        provide firefighting, law enforcement, ambulance, emergency
        medical or other emergency services.
        "Public safety answering point."  The agency-approved first
     point at which calls for emergency assistance from individuals
     are answered and which is operated 24 hours a day.
        "Retail transaction."  The purchase of prepaid wireless
     telecommunications service or a prepaid wireless device from a
     seller for any purpose other than resale.
        "Seller."  A person who sells prepaid wireless
     telecommunications service or a prepaid wireless device to
     another person.
        "Telecommunications carrier."  Any provider of
     telecommunications services as defined by the Telecommunications
     Act of 1996 (Public Law 104-104, 110 Stat. 56).
        "Telephone subscriber."  A person who contracts with a local
     exchange carrier within this Commonwealth for residential or
     commercial local exchange telephone service. If the same person
     has several telephone dial tone access lines, each dial tone
     access line shall constitute a separate subscription. For
     purposes of the contribution rate, the term shall not include
     pay stations owned or operated by a regulated public utility, or
     nonpublic utilities as the term is used in 66 Pa.C.S. § 2913(b)
     (relating to minimum service requirement).
        "Vendor."  A person other than a local exchange carrier or a
     wireless provider who supplies 911 or wireless E-911 system
     services or equipment.
        "VoIP provider."  Interconnected Voice over Internet Protocol
     provider.
        "VoIP service."  Interconnected Voice over Internet Protocol
     service."
        "VoIP service customer."  An Interconnected Voice over
     Internet Protocol service customer.
        "Wireless E-911 service."  Service provided by a wireless
     provider, pursuant to the FCC E-911 Order.
        "Wireless E-911 State plan."  A document to be prepared,
     maintained and kept current by the Pennsylvania Emergency
     Management Agency providing for all aspects of the development,
     implementation, operation and maintenance of a Statewide
     integrated wireless E-911 system, including the exclusive
     authority to formulate technical standards and determine
     permitted uses of and amounts disbursed from the Wireless E-911
     Emergency Services Fund.
        "Wireless E-911 surcharge."  A monthly fee assessed upon each
     wireless service customer, other than a prepaid wireless seller,
     provider or consumer, subject to the prepaid wireless E-911
     surcharge under section 5311.4(b.1) (relating to Wireless E-911
     Emergency Services Fund), for each wireless two-way
     communication device for which that customer is charged by a
     wireless provider for wireless service.
        "Wireless E-911 system."  An E-911 system which permits
     wireless service customers dialing 911 to be connected to a
     public safety answering point for the reporting of police, fire,
     medical or other emergency situations.
        "Wireless provider."  A person engaged in the business of
     providing wireless service to end-use customers in this
     Commonwealth, including resellers.
        "Wireless service."  Commercial mobile radio service as
     defined under section 332(d) of the Communications Act of 1934
     (48 Stat. 1604, 47 U.S.C. § 332(d)) which provides real-time,
     two-way voice service that is interconnected with the public
     switched telephone network.
        "Wireless service customer."  A person who is billed by a
     wireless provider or who receives prepaid wireless telephone
     service from a wireless provider for wireless service within
     this Commonwealth.

        Special Provisions in Appendix.  See section 7(b)(3) of Act
     118 of 2010 in the appendix to this title for special provisions
     relating to continuation of prior law.