State Codes and Statutes

Statutes > North-carolina > Chapter_62A > GS_62A-45

§ 62A‑45.  Funddistribution to CMRS providers.

(a)        Distribution. – CMRSproviders are eligible for reimbursement from the 911 Fund for the actual costsincurred by the CMRS providers in complying with the requirements of enhanced911 service. Costs of complying include costs incurred for designing,upgrading, purchasing, leasing, programming, installing, testing, ormaintaining all necessary data, hardware, and software required to provideservice as well as the recurring and nonrecurring costs of providing theservice. To obtain reimbursement, a CMRS provider must comply with all of thefollowing:

(1)        Invoices must besworn.

(2)        All costs andexpenses must be commercially reasonable.

(3)        All invoices forreimbursement must be related to compliance with the requirements of enhanced911 service.

(4)        Prior approval mustbe obtained from the 911 Board for all invoices for payment of costs thatexceed the lesser of:

a.         One hundred percent(100%) of the eligible costs allowed under this section.

b.         One hundred twenty‑fivepercent (125%) of the service charges remitted to the 911 Board by the CMRSprovider.

(b)        PaymentCarryforward. – If the total amount of invoices submitted to the 911 Board andapproved for payment in a month exceeds the amount available from the 911 Fundfor reimbursements to CMRS providers, the amount payable to each CMRS provideris reduced proportionately so that the amount paid does not exceed the amountavailable for payment. The balance of the payment is deferred to the followingmonth. A deferred payment accrues interest at a rate equal to the rate earnedby the 911 Fund until it is paid.

(c)        Grant Reallocation.– If the amount of reimbursements to CMRS providers approved by the 911 Boardfor a fiscal year is less than the amount of funds allocated for reimbursementsto CMRS providers for that fiscal year, the 911 Board may reallocate part orall of the excess amount to the PSAP Grant Account established under G.S. 62A‑47.The 911 Board may reallocate funds under this subsection only once eachcalendar year and may do so only within the three‑month period thatfollows the end of the fiscal year. If the 911 Board reallocates more thanthree million dollars ($3,000,000) to the PSAP Grant Account in a calendaryear, it must consider reducing the amount of the service charge in G.S. 62A‑44to reflect more accurately the underlying costs of providing 911 systemservices.

The 911 Board must make thefollowing findings before it reallocates funds to the PSAP Grant Account:

(1)        There is a criticalneed for additional funding for PSAPs in rural or high‑cost areas toensure that enhanced 911 service is deployed throughout the State.

(2)        The reallocationwill not impair cost recovery by CMRS providers.

(3)        The reallocationwill not result in the insolvency of the 911 Fund. (2007‑383, s. 1(a).)

State Codes and Statutes

Statutes > North-carolina > Chapter_62A > GS_62A-45

§ 62A‑45.  Funddistribution to CMRS providers.

(a)        Distribution. – CMRSproviders are eligible for reimbursement from the 911 Fund for the actual costsincurred by the CMRS providers in complying with the requirements of enhanced911 service. Costs of complying include costs incurred for designing,upgrading, purchasing, leasing, programming, installing, testing, ormaintaining all necessary data, hardware, and software required to provideservice as well as the recurring and nonrecurring costs of providing theservice. To obtain reimbursement, a CMRS provider must comply with all of thefollowing:

(1)        Invoices must besworn.

(2)        All costs andexpenses must be commercially reasonable.

(3)        All invoices forreimbursement must be related to compliance with the requirements of enhanced911 service.

(4)        Prior approval mustbe obtained from the 911 Board for all invoices for payment of costs thatexceed the lesser of:

a.         One hundred percent(100%) of the eligible costs allowed under this section.

b.         One hundred twenty‑fivepercent (125%) of the service charges remitted to the 911 Board by the CMRSprovider.

(b)        PaymentCarryforward. – If the total amount of invoices submitted to the 911 Board andapproved for payment in a month exceeds the amount available from the 911 Fundfor reimbursements to CMRS providers, the amount payable to each CMRS provideris reduced proportionately so that the amount paid does not exceed the amountavailable for payment. The balance of the payment is deferred to the followingmonth. A deferred payment accrues interest at a rate equal to the rate earnedby the 911 Fund until it is paid.

(c)        Grant Reallocation.– If the amount of reimbursements to CMRS providers approved by the 911 Boardfor a fiscal year is less than the amount of funds allocated for reimbursementsto CMRS providers for that fiscal year, the 911 Board may reallocate part orall of the excess amount to the PSAP Grant Account established under G.S. 62A‑47.The 911 Board may reallocate funds under this subsection only once eachcalendar year and may do so only within the three‑month period thatfollows the end of the fiscal year. If the 911 Board reallocates more thanthree million dollars ($3,000,000) to the PSAP Grant Account in a calendaryear, it must consider reducing the amount of the service charge in G.S. 62A‑44to reflect more accurately the underlying costs of providing 911 systemservices.

The 911 Board must make thefollowing findings before it reallocates funds to the PSAP Grant Account:

(1)        There is a criticalneed for additional funding for PSAPs in rural or high‑cost areas toensure that enhanced 911 service is deployed throughout the State.

(2)        The reallocationwill not impair cost recovery by CMRS providers.

(3)        The reallocationwill not result in the insolvency of the 911 Fund. (2007‑383, s. 1(a).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_62A > GS_62A-45

§ 62A‑45.  Funddistribution to CMRS providers.

(a)        Distribution. – CMRSproviders are eligible for reimbursement from the 911 Fund for the actual costsincurred by the CMRS providers in complying with the requirements of enhanced911 service. Costs of complying include costs incurred for designing,upgrading, purchasing, leasing, programming, installing, testing, ormaintaining all necessary data, hardware, and software required to provideservice as well as the recurring and nonrecurring costs of providing theservice. To obtain reimbursement, a CMRS provider must comply with all of thefollowing:

(1)        Invoices must besworn.

(2)        All costs andexpenses must be commercially reasonable.

(3)        All invoices forreimbursement must be related to compliance with the requirements of enhanced911 service.

(4)        Prior approval mustbe obtained from the 911 Board for all invoices for payment of costs thatexceed the lesser of:

a.         One hundred percent(100%) of the eligible costs allowed under this section.

b.         One hundred twenty‑fivepercent (125%) of the service charges remitted to the 911 Board by the CMRSprovider.

(b)        PaymentCarryforward. – If the total amount of invoices submitted to the 911 Board andapproved for payment in a month exceeds the amount available from the 911 Fundfor reimbursements to CMRS providers, the amount payable to each CMRS provideris reduced proportionately so that the amount paid does not exceed the amountavailable for payment. The balance of the payment is deferred to the followingmonth. A deferred payment accrues interest at a rate equal to the rate earnedby the 911 Fund until it is paid.

(c)        Grant Reallocation.– If the amount of reimbursements to CMRS providers approved by the 911 Boardfor a fiscal year is less than the amount of funds allocated for reimbursementsto CMRS providers for that fiscal year, the 911 Board may reallocate part orall of the excess amount to the PSAP Grant Account established under G.S. 62A‑47.The 911 Board may reallocate funds under this subsection only once eachcalendar year and may do so only within the three‑month period thatfollows the end of the fiscal year. If the 911 Board reallocates more thanthree million dollars ($3,000,000) to the PSAP Grant Account in a calendaryear, it must consider reducing the amount of the service charge in G.S. 62A‑44to reflect more accurately the underlying costs of providing 911 systemservices.

The 911 Board must make thefollowing findings before it reallocates funds to the PSAP Grant Account:

(1)        There is a criticalneed for additional funding for PSAPs in rural or high‑cost areas toensure that enhanced 911 service is deployed throughout the State.

(2)        The reallocationwill not impair cost recovery by CMRS providers.

(3)        The reallocationwill not result in the insolvency of the 911 Fund. (2007‑383, s. 1(a).)