[§138-5]  Recovery from the fund.  (a) After January 1, 2005, every public safety answering point shall be eligible toseek reimbursement from the fund solely to pay for the reasonable costs tolease, purchase, or maintain all necessary equipment, including computerhardware, software, and database provisioning, required by the public safetyanswering point to provide technical functionality for the wireless enhanced911 service pursuant to the Federal Communications Commission order.  All otherexpenses necessary to operate the public safety answering point, including butnot limited to those expenses related to overhead, staffing, and otherday-to-day operational expenses, shall continue to be paid through the generalfunding of the respective counties.

(b)  After January 1, 2005, each wirelessprovider may request reimbursement from the fund of wireless enhanced 911commercial mobile radio service costs incurred; provided that the costs:

(1)  Are recoverable under section 138-4(d); and

(2)  Have not already been reimbursed to the wirelessprovider from the fund.

In no event shall a wireless provider be reimbursedfor any amount above its actual wireless enhanced 911 commercial mobile radioservice costs allowed to be recovered under section 138-4(d).

(c)  After the expenses of the board are paid,the public safety answering points shall be allocated two-thirds of theremaining balance of the fund.  The remaining one-third shall be available forwireless provider cost recovery.  The board shall determine the reimbursementamounts for the public safety answering points, based on the limitations setforth in section 138-5(a).  The reimbursement level for each wireless providershall be limited:

(1)  To the total contribution made by the wirelessprovider to the wireless provider cost recovery portion of the fund; and

(2)  As provided in section 138-5(b). [L 2004, c 159,pt of §2]