§ 39-1-62 E-911 Geographic InformationSystem (GIS) and Technology Fund. – (a) Preamble. To allow the Rhode Island E-911 Emergency Telephone Systemagency to associate latitude and longitude coordinates provided by wirelesscarriers with physical locations throughout the state, the agency mustestablish and maintain a GIS database of street addresses and landmarks. Thedatabase will allow local emergency response personnel to dispatch police, fireand rescue personnel to a specific address or landmark of a cellular caller inthe event the caller is unaware of his or her location, or is physically unableto communicate it. Because more than half of the 530,000 9-1-1 phone callsreceived in 2003 came from cellular phones, it is critical that the GISdatabase be developed and maintained in order to improve caller locationidentification and reduce emergency personnel response times.
(b) Definitions. As used in this section, thefollowing terms have the following meanings:
(1) "System" means Emergency 911 Uniform Telephone System.
(2) "Agency" means Rhode Island 911 Emergency TelephoneSystem.
(3) "Division" means the Division of Public Utilities andCarriers.
(4) "GIS and Technology Fund" means the programs and fundingmade available to the Emergency 911 Uniform Telephone System to assist inpaying the costs of the GIS database development project and GIS systemsmaintenance, which will enable the system to locate cellular phone callers bygeocoding all addresses and landmarks in cities and towns throughout the state.GIS and Technology Fund also includes programs and funding to create systemredundancy, fund the construction of a new E-911 facility, and operate andmaintain other state-of-the-art equipment in public safety agencies.
(c) Purpose. The purpose of the GIS and TechnologyFund shall be to:
(1) Implement and maintain a geographic information systemdatabase to assist in locating wireless phone callers for emergency purposes ina manner consistent and in coordination with the Rhode Island geographicinformation system administered by the Division of Planning as provided for in§ 42-11-10(g)(3); and
(2) Create system redundancy to ensure the reliability of9-1-1 service to the public;
(3) Operate and maintain other state-of-the-art equipment inpublic safety agencies; and
(4) Fund the construction of a new E-911 facility.
(d) Authority. The agency shall establish, by rule orregulation, an appropriate funding mechanism to recover from the general bodyof ratepayers the costs of funding GIS and technology projects.
(1) The general assembly shall determine the amount of amonthly surcharge to be levied upon each wireless instrument, device or meansincluding prepaid, cellular, telephony, Internet, Voice Over Internet Protocol(VoIP), satellite, computer, radio, communication, data, or any other wirelessinstrument, device or means that has access to, connects with, interfaces withor is capable of delivering two-way interactive communications services to theRhode Island E-911 Uniform Emergency Telephone System. The agency will providethe general assembly with information and recommendations regarding thenecessary level of funding to effectuate the purposes of this article. Thesurcharge shall be billed monthly by each wireless telecommunications servicesprovider as defined in § 39-21.1-3 and shall be payable to the wirelesstelecommunications services provider by the subscriber or prepaid servicecustomer of the telecommunications services. Each telecommunication servicesprovider shall establish a special (escrow) account to which it shall depositon a monthly basis the amounts collected as a surcharge under this section. Themoney collected by each wireless telecommunication services provider shall betransferred within sixty (60) days after its inception of wireless, prepaid,cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer,Internet, or communications, information or data services in this state andevery month thereafter. Any money not transferred in accordance with thisparagraph shall be assessed interest at the rate set forth in section 44-1-7from the date the money should have been transferred. State, local andquasi-governmental agencies shall be exempt from the surcharge. The surchargeshall be deposited in restricted receipt account, hereby created within theagency and known as the GIS and Technology Fund, to pay any and all costsassociated with the provisions of subsection (c). Beginning July 1, 2007, thesurcharge shall be deposited in the general fund as general revenues to pay anyand all costs associated with the provisions of subsection (c). The GIS andTechnology Fund restricted receipt account shall be terminated June 30, 2008.The amount of the surcharge under this section shall not exceed thirty-fivecents ($.35) per wireless phone.
(2) The surcharge is hereby determined to be twenty-six cents($.26) per wireless phone, prepaid, cellular, telephony, Voice Over InternetProtocol (VoIP), satellite, computer, data or data only wireless lines orInternet communication or data instrument, device or means which has access to,connects with, activates or interfaces with or any combination of the abovewith the Rhode Island E-911 Uniform Emergency Telephone System per month andshall be in addition to the wireless surcharge charged under § 39-21.1-14.The twenty-six cents ($.26) is to be billed to all wireless telecommunicationservice providers, subscribers or prepaid service customers upon the inceptionof services.
(3) The amount of the surcharge shall not be subject to thesales and use tax imposed under chapter 18 of title 44 nor be included withinthe gross earnings of the telecommunications corporation providingtelecommunications service for the purpose of computing the tax under chapter13 of title 44.
(4) With respect to prepaid wireless telecommunicationservice providers and customers, and notwithstanding anything to the contrarycontained in this section, the surcharge shall be collected and remitted to thedivision of taxation by the prepaid wireless telecommunication service providerunder one of three (3) methods:
(i) The prepaid wireless telecommunication service providershall collect the surcharge, on a monthly basis, from each active prepaidwireless telecommunication service customer whose account balance is equal toor greater than the amount of the service charge; or
(ii) The prepaid wireless telecommunication service providershall collect the surcharge, on a monthly basis, at the point of sale; or
(iii) The prepaid wireless telecommunication service providershall divide the total earned prepaid wireless telephone revenue received bythe prepaid wireless telecommunication service provider within the monthlyreporting period by fifty dollars ($50.00), and multiply the quotient by theamount of the surcharge.
The surcharge amount or an equivalent number of air-timeminutes may be reduced from a prepaid wireless telecommunication servicecustomer's account when direct billing is not possible.
(e) Administration. The division of taxation shallcollect monthly from the wireless telecommunications service providers asdefined in § 39-21.1-3 the amounts of the surcharge collected from theirsubscribers or prepaid customers. The division of taxation shall deposit suchcollections in the general fund as general revenues for use in developing andmaintaining the geographic information system database, creating systemredundancy, funding the construction of a new E-911 facility and operating andmaintaining other state-of-the-art equipment for public safety agencies. Theagency is further authorized and encouraged to seek matching funds from alllocal, state, and federal public or private entities and shall coordinate itsactivities and share all information with the state Division of Planning.
(f) Effective date. The effective date of assessmentfor the GIS and Technology Fund shall be July 1, 2004.
(g) Nothing in this section shall be construed to constituterate regulation of wireless communications services carriers, nor shall thissection be construed to prohibit wireless communications services carriers fromcharging subscribers for any wireless service or feature.
(h) Except as otherwise provided by law, the agency shall notuse, disclose or otherwise make available call location information for anypurpose other than as specified in subsection (c).
(i) The attorney general shall, at the request of the E-911uniform emergency telephone system division, or any other agency that mayreplace it, or on its own initiative, commence judicial proceedings in thesuperior court against any telecommunication services provider as defined in§ 39-21.1-3(11) providing communication services to enforce the provisionsof this chapter.
§ 39-1-62 E-911 Geographic InformationSystem (GIS) and Technology Fund. – (a) Preamble. To allow the Rhode Island E-911 Emergency Telephone Systemagency to associate latitude and longitude coordinates provided by wirelesscarriers with physical locations throughout the state, the agency mustestablish and maintain a GIS database of street addresses and landmarks. Thedatabase will allow local emergency response personnel to dispatch police, fireand rescue personnel to a specific address or landmark of a cellular caller inthe event the caller is unaware of his or her location, or is physically unableto communicate it. Because more than half of the 530,000 9-1-1 phone callsreceived in 2003 came from cellular phones, it is critical that the GISdatabase be developed and maintained in order to improve caller locationidentification and reduce emergency personnel response times.
(b) Definitions. As used in this section, thefollowing terms have the following meanings:
(1) "System" means Emergency 911 Uniform Telephone System.
(2) "Agency" means Rhode Island 911 Emergency TelephoneSystem.
(3) "Division" means the Division of Public Utilities andCarriers.
(4) "GIS and Technology Fund" means the programs and fundingmade available to the Emergency 911 Uniform Telephone System to assist inpaying the costs of the GIS database development project and GIS systemsmaintenance, which will enable the system to locate cellular phone callers bygeocoding all addresses and landmarks in cities and towns throughout the state.GIS and Technology Fund also includes programs and funding to create systemredundancy, fund the construction of a new E-911 facility, and operate andmaintain other state-of-the-art equipment in public safety agencies.
(c) Purpose. The purpose of the GIS and TechnologyFund shall be to:
(1) Implement and maintain a geographic information systemdatabase to assist in locating wireless phone callers for emergency purposes ina manner consistent and in coordination with the Rhode Island geographicinformation system administered by the Division of Planning as provided for in§ 42-11-10(g)(3); and
(2) Create system redundancy to ensure the reliability of9-1-1 service to the public;
(3) Operate and maintain other state-of-the-art equipment inpublic safety agencies; and
(4) Fund the construction of a new E-911 facility.
(d) Authority. The agency shall establish, by rule orregulation, an appropriate funding mechanism to recover from the general bodyof ratepayers the costs of funding GIS and technology projects.
(1) The general assembly shall determine the amount of amonthly surcharge to be levied upon each wireless instrument, device or meansincluding prepaid, cellular, telephony, Internet, Voice Over Internet Protocol(VoIP), satellite, computer, radio, communication, data, or any other wirelessinstrument, device or means that has access to, connects with, interfaces withor is capable of delivering two-way interactive communications services to theRhode Island E-911 Uniform Emergency Telephone System. The agency will providethe general assembly with information and recommendations regarding thenecessary level of funding to effectuate the purposes of this article. Thesurcharge shall be billed monthly by each wireless telecommunications servicesprovider as defined in § 39-21.1-3 and shall be payable to the wirelesstelecommunications services provider by the subscriber or prepaid servicecustomer of the telecommunications services. Each telecommunication servicesprovider shall establish a special (escrow) account to which it shall depositon a monthly basis the amounts collected as a surcharge under this section. Themoney collected by each wireless telecommunication services provider shall betransferred within sixty (60) days after its inception of wireless, prepaid,cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer,Internet, or communications, information or data services in this state andevery month thereafter. Any money not transferred in accordance with thisparagraph shall be assessed interest at the rate set forth in section 44-1-7from the date the money should have been transferred. State, local andquasi-governmental agencies shall be exempt from the surcharge. The surchargeshall be deposited in restricted receipt account, hereby created within theagency and known as the GIS and Technology Fund, to pay any and all costsassociated with the provisions of subsection (c). Beginning July 1, 2007, thesurcharge shall be deposited in the general fund as general revenues to pay anyand all costs associated with the provisions of subsection (c). The GIS andTechnology Fund restricted receipt account shall be terminated June 30, 2008.The amount of the surcharge under this section shall not exceed thirty-fivecents ($.35) per wireless phone.
(2) The surcharge is hereby determined to be twenty-six cents($.26) per wireless phone, prepaid, cellular, telephony, Voice Over InternetProtocol (VoIP), satellite, computer, data or data only wireless lines orInternet communication or data instrument, device or means which has access to,connects with, activates or interfaces with or any combination of the abovewith the Rhode Island E-911 Uniform Emergency Telephone System per month andshall be in addition to the wireless surcharge charged under § 39-21.1-14.The twenty-six cents ($.26) is to be billed to all wireless telecommunicationservice providers, subscribers or prepaid service customers upon the inceptionof services.
(3) The amount of the surcharge shall not be subject to thesales and use tax imposed under chapter 18 of title 44 nor be included withinthe gross earnings of the telecommunications corporation providingtelecommunications service for the purpose of computing the tax under chapter13 of title 44.
(4) With respect to prepaid wireless telecommunicationservice providers and customers, and notwithstanding anything to the contrarycontained in this section, the surcharge shall be collected and remitted to thedivision of taxation by the prepaid wireless telecommunication service providerunder one of three (3) methods:
(i) The prepaid wireless telecommunication service providershall collect the surcharge, on a monthly basis, from each active prepaidwireless telecommunication service customer whose account balance is equal toor greater than the amount of the service charge; or
(ii) The prepaid wireless telecommunication service providershall collect the surcharge, on a monthly basis, at the point of sale; or
(iii) The prepaid wireless telecommunication service providershall divide the total earned prepaid wireless telephone revenue received bythe prepaid wireless telecommunication service provider within the monthlyreporting period by fifty dollars ($50.00), and multiply the quotient by theamount of the surcharge.
The surcharge amount or an equivalent number of air-timeminutes may be reduced from a prepaid wireless telecommunication servicecustomer's account when direct billing is not possible.
(e) Administration. The division of taxation shallcollect monthly from the wireless telecommunications service providers asdefined in § 39-21.1-3 the amounts of the surcharge collected from theirsubscribers or prepaid customers. The division of taxation shall deposit suchcollections in the general fund as general revenues for use in developing andmaintaining the geographic information system database, creating systemredundancy, funding the construction of a new E-911 facility and operating andmaintaining other state-of-the-art equipment for public safety agencies. Theagency is further authorized and encouraged to seek matching funds from alllocal, state, and federal public or private entities and shall coordinate itsactivities and share all information with the state Division of Planning.
(f) Effective date. The effective date of assessmentfor the GIS and Technology Fund shall be July 1, 2004.
(g) Nothing in this section shall be construed to constituterate regulation of wireless communications services carriers, nor shall thissection be construed to prohibit wireless communications services carriers fromcharging subscribers for any wireless service or feature.
(h) Except as otherwise provided by law, the agency shall notuse, disclose or otherwise make available call location information for anypurpose other than as specified in subsection (c).
(i) The attorney general shall, at the request of the E-911uniform emergency telephone system division, or any other agency that mayreplace it, or on its own initiative, commence judicial proceedings in thesuperior court against any telecommunication services provider as defined in§ 39-21.1-3(11) providing communication services to enforce the provisionsof this chapter.
§ 39-1-62 E-911 Geographic InformationSystem (GIS) and Technology Fund. – (a) Preamble. To allow the Rhode Island E-911 Emergency Telephone Systemagency to associate latitude and longitude coordinates provided by wirelesscarriers with physical locations throughout the state, the agency mustestablish and maintain a GIS database of street addresses and landmarks. Thedatabase will allow local emergency response personnel to dispatch police, fireand rescue personnel to a specific address or landmark of a cellular caller inthe event the caller is unaware of his or her location, or is physically unableto communicate it. Because more than half of the 530,000 9-1-1 phone callsreceived in 2003 came from cellular phones, it is critical that the GISdatabase be developed and maintained in order to improve caller locationidentification and reduce emergency personnel response times.
(b) Definitions. As used in this section, thefollowing terms have the following meanings:
(1) "System" means Emergency 911 Uniform Telephone System.
(2) "Agency" means Rhode Island 911 Emergency TelephoneSystem.
(3) "Division" means the Division of Public Utilities andCarriers.
(4) "GIS and Technology Fund" means the programs and fundingmade available to the Emergency 911 Uniform Telephone System to assist inpaying the costs of the GIS database development project and GIS systemsmaintenance, which will enable the system to locate cellular phone callers bygeocoding all addresses and landmarks in cities and towns throughout the state.GIS and Technology Fund also includes programs and funding to create systemredundancy, fund the construction of a new E-911 facility, and operate andmaintain other state-of-the-art equipment in public safety agencies.
(c) Purpose. The purpose of the GIS and TechnologyFund shall be to:
(1) Implement and maintain a geographic information systemdatabase to assist in locating wireless phone callers for emergency purposes ina manner consistent and in coordination with the Rhode Island geographicinformation system administered by the Division of Planning as provided for in§ 42-11-10(g)(3); and
(2) Create system redundancy to ensure the reliability of9-1-1 service to the public;
(3) Operate and maintain other state-of-the-art equipment inpublic safety agencies; and
(4) Fund the construction of a new E-911 facility.
(d) Authority. The agency shall establish, by rule orregulation, an appropriate funding mechanism to recover from the general bodyof ratepayers the costs of funding GIS and technology projects.
(1) The general assembly shall determine the amount of amonthly surcharge to be levied upon each wireless instrument, device or meansincluding prepaid, cellular, telephony, Internet, Voice Over Internet Protocol(VoIP), satellite, computer, radio, communication, data, or any other wirelessinstrument, device or means that has access to, connects with, interfaces withor is capable of delivering two-way interactive communications services to theRhode Island E-911 Uniform Emergency Telephone System. The agency will providethe general assembly with information and recommendations regarding thenecessary level of funding to effectuate the purposes of this article. Thesurcharge shall be billed monthly by each wireless telecommunications servicesprovider as defined in § 39-21.1-3 and shall be payable to the wirelesstelecommunications services provider by the subscriber or prepaid servicecustomer of the telecommunications services. Each telecommunication servicesprovider shall establish a special (escrow) account to which it shall depositon a monthly basis the amounts collected as a surcharge under this section. Themoney collected by each wireless telecommunication services provider shall betransferred within sixty (60) days after its inception of wireless, prepaid,cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer,Internet, or communications, information or data services in this state andevery month thereafter. Any money not transferred in accordance with thisparagraph shall be assessed interest at the rate set forth in section 44-1-7from the date the money should have been transferred. State, local andquasi-governmental agencies shall be exempt from the surcharge. The surchargeshall be deposited in restricted receipt account, hereby created within theagency and known as the GIS and Technology Fund, to pay any and all costsassociated with the provisions of subsection (c). Beginning July 1, 2007, thesurcharge shall be deposited in the general fund as general revenues to pay anyand all costs associated with the provisions of subsection (c). The GIS andTechnology Fund restricted receipt account shall be terminated June 30, 2008.The amount of the surcharge under this section shall not exceed thirty-fivecents ($.35) per wireless phone.
(2) The surcharge is hereby determined to be twenty-six cents($.26) per wireless phone, prepaid, cellular, telephony, Voice Over InternetProtocol (VoIP), satellite, computer, data or data only wireless lines orInternet communication or data instrument, device or means which has access to,connects with, activates or interfaces with or any combination of the abovewith the Rhode Island E-911 Uniform Emergency Telephone System per month andshall be in addition to the wireless surcharge charged under § 39-21.1-14.The twenty-six cents ($.26) is to be billed to all wireless telecommunicationservice providers, subscribers or prepaid service customers upon the inceptionof services.
(3) The amount of the surcharge shall not be subject to thesales and use tax imposed under chapter 18 of title 44 nor be included withinthe gross earnings of the telecommunications corporation providingtelecommunications service for the purpose of computing the tax under chapter13 of title 44.
(4) With respect to prepaid wireless telecommunicationservice providers and customers, and notwithstanding anything to the contrarycontained in this section, the surcharge shall be collected and remitted to thedivision of taxation by the prepaid wireless telecommunication service providerunder one of three (3) methods:
(i) The prepaid wireless telecommunication service providershall collect the surcharge, on a monthly basis, from each active prepaidwireless telecommunication service customer whose account balance is equal toor greater than the amount of the service charge; or
(ii) The prepaid wireless telecommunication service providershall collect the surcharge, on a monthly basis, at the point of sale; or
(iii) The prepaid wireless telecommunication service providershall divide the total earned prepaid wireless telephone revenue received bythe prepaid wireless telecommunication service provider within the monthlyreporting period by fifty dollars ($50.00), and multiply the quotient by theamount of the surcharge.
The surcharge amount or an equivalent number of air-timeminutes may be reduced from a prepaid wireless telecommunication servicecustomer's account when direct billing is not possible.
(e) Administration. The division of taxation shallcollect monthly from the wireless telecommunications service providers asdefined in § 39-21.1-3 the amounts of the surcharge collected from theirsubscribers or prepaid customers. The division of taxation shall deposit suchcollections in the general fund as general revenues for use in developing andmaintaining the geographic information system database, creating systemredundancy, funding the construction of a new E-911 facility and operating andmaintaining other state-of-the-art equipment for public safety agencies. Theagency is further authorized and encouraged to seek matching funds from alllocal, state, and federal public or private entities and shall coordinate itsactivities and share all information with the state Division of Planning.
(f) Effective date. The effective date of assessmentfor the GIS and Technology Fund shall be July 1, 2004.
(g) Nothing in this section shall be construed to constituterate regulation of wireless communications services carriers, nor shall thissection be construed to prohibit wireless communications services carriers fromcharging subscribers for any wireless service or feature.
(h) Except as otherwise provided by law, the agency shall notuse, disclose or otherwise make available call location information for anypurpose other than as specified in subsection (c).
(i) The attorney general shall, at the request of the E-911uniform emergency telephone system division, or any other agency that mayreplace it, or on its own initiative, commence judicial proceedings in thesuperior court against any telecommunication services provider as defined in§ 39-21.1-3(11) providing communication services to enforce the provisionsof this chapter.
