[§138-5]  Recovery from the fund.  (a) 
After January 1, 2005, every public safety answering point shall be eligible to
seek reimbursement from the fund solely to pay for the reasonable costs to
lease, purchase, or maintain all necessary equipment, including computer
hardware, software, and database provisioning, required by the public safety
answering point to provide technical functionality for the wireless enhanced
911 service pursuant to the Federal Communications Commission order.  All other
expenses necessary to operate the public safety answering point, including but
not limited to those expenses related to overhead, staffing, and other
day-to-day operational expenses, shall continue to be paid through the general
funding of the respective counties.



(b)  After January 1, 2005, each wireless
provider may request reimbursement from the fund of wireless enhanced 911
commercial 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 wireless
provider from the fund.



In no event shall a wireless provider be reimbursed
for any amount above its actual wireless enhanced 911 commercial mobile radio
service 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 the
remaining balance of the fund.  The remaining one-third shall be available for
wireless provider cost recovery.  The board shall determine the reimbursement
amounts for the public safety answering points, based on the limitations set
forth in section 138-5(a).  The reimbursement level for each wireless provider
shall be limited:



(1)  To the total contribution made by the wireless
provider 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]