12-5322.   Definitions.As used in the wireless enhanced 911 act, unless the contextotherwise requires:

      (a)   "Advisory board" means the wireless enhanced 911 advisory boardestablished underK.S.A. 2009 Supp.12-5326, and amendments thereto.

      (b)   "Automatic number identification" means a feature by which a personcalling a publicsafety answering point has such person's 10-digit telephone numbersimultaneously forwarded tothe public safety answering point and to the public safety answering point'sdisplay and transfer.

      (c)   "Eligible municipality" means: (1) Any county having a population of lessthan 75,000or any city located within such a county; or (2) any two or more such countiesor cities.

      (d)   "Emergency telephone service" means a telephone system utilizing asingle three digit number "911" for reporting police, fire, medical or otheremergency situations.

      (e)   "Enhanced 911 service" means an emergency telephoneservice thatgenerally mayprovide, but is not limited to, selective routing, automatic numberidentification and automaticlocation identification features.

      (f)   "Exchange access facilities" means all facilitiesprovided by theservice supplier for the facility which provides local telephone exchangeaccess to a service user.

      (g)   "Fund" means the wireless enhanced 911 grant fundestablished by thisact.

      (h)   "Governing body" means the board of countycommissioners of a countyor the governing body of a city.

      (i)   "Local collection point administrator" means thestatewide association ofcities asestablished by K.S.A. 12-1610e, and amendments thereto, and the statewideassociation of countiesas established by K.S.A. 19-2690, and amendments thereto.

      (j)   "Mobile telephone number" means the telephone numberassigned to awirelesstelephone at the time of initial activation.

      (k)   "Person" means any individual, firm, partnership,copartnership, jointventure, association, cooperative organization, corporation, municipal orprivate, and whether organized for profit or not, state, county, politicalsubdivision, state department, commission, board, bureau or fraternalorganization,nonprofit organization, estate, trust, business or common law trust, receiver,assignee for the benefit of creditors, trustee or trustee in bankruptcyor any other legal entity.

      (l)   "Prepaid wireless telephone service" means wirelesstelephone servicethat is activatedin advance by payment for a finite dollar amount of service or for a finite setof minutes thatterminate either upon use by a customer and delivery by the wireless providerof an agreed-uponamount of service corresponding to the total dollar amount paid in advance orwithin a certainperiod of time following the initial purchase or activation, unless additionalpayments are made.

      (m)   "Primary place of use" has the meaning provided in themobiletelecommunications act (4 U.S.C. 116, et seq., as ineffect on the effective date of this act).

      (n)   "Project" means the development and acquisition of thenecessaryimprovements in orderto facilitate the establishment of wireless enhanced 911 service.

      (o)   "Project costs" means all costs or expenses which arenecessary orincident to a projectand which are directly attributable thereto.

      (p)   "PSAP" means public safety answering point.

      (q)   "Pseudo-automatic number identification" means afeature by whichautomatic numberidentification is provided to a public safety answering point of the 10-digittelephone number of thespecific cell site or cell site sector from which a wireless call originated.

      (r)   "Public agency" means any city, county, municipalcorporation, publicdistrict or public authority located in whole or in part within this statewhich provides or has authority to provide fire fighting, law enforcement,ambulance, emergency medical or other emergency services.

      (s)   "Secretary" means the secretary of administration.

      (t)   "Service supplier" means any person providing exchangetelephoneservice to any service user in this state.

      (u)   "Service user" means any personwho is provided exchange telephone service or wireless service in thisstate.

      (v)   "Subscriber account" means the 10-digit access numberassigned to awireless servicecustomer regardless of whether more than one such number is aggregated for thepurpose of billinga service user.

      (w)   "Tariff rate" means the rate or rates billed by aservicesupplierand as stated in the service supplier's tariffs, approved by the statecorporationcommission which represent the service supplier's recurring charges forexchange access facilities or their equivalent, exclusive of all taxes,fees, licenses or similar charges whatsoever.

      (x)   "Valid request" means a request to a wireless carrierfor wirelessenhanced 911 service, made by a PSAP which is capable of receiving andutilizing the data elements associated with wireless enhanced 911 service asdetermined in accordance with 47 CFR 20.18 (October 1, 2002).

      (y)   "Wholesaler of prepaid wireless service" means a person who purchases atwholesalewireless service from a wireless carrier for resale as prepaid wirelessservice.

      (z)   "Wireless automatic location identification information" means a featureby whichinformation is provided to a public safety answering point identifying thelocation of a 911 callerwithin the parameters established by the federal communications commission.

      (aa)   "Wireless carrier" means any common, private or other radio carrierlicensed by the federal communications commission to provide two-way voiceservice in this state which provides interconnection to thepublicswitched telephone network and access to a 24-hour answering point.

      (bb)   "Wireless enhanced 911 grant fee" means the fee imposed under K.S.A.2009 Supp. 12-5324, and amendments thereto.

      (cc)   "Wireless enhanced 911 local fee"means the fee imposed underK.S.A. 2009 Supp.12-5330, and amendments thereto.

      (dd)   "Wireless enhanced 911 service" means a communication service by whichwirelesscarriers can provide automatic number identification,pseudo-automatic numberidentification and wireless automatic location identification information to arequesting PSAP, as defined in FCC docket 94-102, which is capable of receivingand utilizing the data elements associated with wireless enhanced 911 service.

      (ee)   "Wireless service" means a two-way voice service provided by a wirelesscarrier.

      History:   L. 2004, ch. 72, § 2; Apr. 22.