093_SB1098enr
SB1098 Enrolled LRB093 07334 MKM 07496 b
1 AN ACT concerning telecommunications.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Wireless Emergency Telephone Safety Act
5 is amended by changing Sections 10, 17, and 35 and by adding
6 Section 70 as follows:
7 (50 ILCS 751/10)
8 (Section scheduled to be repealed on April 1, 2005)
9 Sec. 10. Definitions. In this Act:
10 "Active prepaid wireless telephone" means a prepaid
11 wireless telephone that has been used or activated by the
12 customer during the month to complete a telephone call for
13 which the customer's card or account was decremented.
14 "Emergency telephone system board" means a board
15 appointed by the corporate authorities of any county or
16 municipality that provides for the management and operation
17 of a 9-1-1 system within the scope of the duties and powers
18 prescribed by the Emergency Telephone System Act.
19 "Master street address guide" means the computerized
20 geographical database that consists of all street and address
21 data within a 9-1-1 system.
22 "Mobile telephone number" or "MTN" shall mean the
23 telephone number assigned to a wireless telephone at the time
24 of initial activation.
25 "Prepaid wireless telephone service" means wireless
26 telephone service which is activated by payment in advance of
27 a finite dollar amount or for a finite set of minutes and
28 which, unless an additional finite dollar amount or finite
29 set of minutes is paid in advance, terminates either (i) upon
30 use by a customer and delivery by the wireless carrier of an
31 agreed-upon amount of service corresponding to the total
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1 dollar amount paid in advance, or within a certain period of
2 time following initial purchase or activation.
3 "Public safety agency" means a functional division of a
4 public agency that provides fire fighting, police, medical,
5 or other emergency services. For the purpose of providing
6 wireless service to users of 9-1-1 emergency services, as
7 expressly provided for in this Act, the Department of State
8 Police may be considered a public safety agency.
9 "Qualified governmental entity" means a unit of local
10 government authorized to provide 9-1-1 services pursuant to
11 the Emergency Telephone System Act where no emergency
12 telephone system board exists.
13 "Statewide wireless emergency 9-1-1 system" means all
14 areas of the State where an emergency telephone system board
15 or, in the absence of an emergency telephone system board, a
16 qualified governmental entity has not declared its intention
17 for one or more of its public safety answering points to
18 serve as a primary wireless 9-1-1 public safety answering
19 point for its jurisdiction. The operator of the statewide
20 wireless emergency 9-1-1 system shall be the Department of
21 State Police.
22 "Sufficient positive balance" means a dollar amount
23 greater than or equal to the monthly wireless 9-1-1 surcharge
24 amount.
25 "Wireless carrier" means a provider of two-way cellular,
26 broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
27 Mobile Radio Service (CMRS), Wireless Communications Service
28 (WCS), or other Commercial Mobile Radio Service (CMRS), as
29 defined by the Federal Communications Commission, offering
30 radio communications that may provide fixed, mobile, radio
31 location, or satellite communication services to individuals
32 or businesses within its assigned spectrum block and
33 geographical area or that offers real-time, two-way voice
34 service that is interconnected with the public switched
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1 network, including a reseller of such service.
2 "Wireless enhanced 9-1-1" means the ability to relay the
3 telephone number of the originator of a 9-1-1 call and
4 location information and the location of the cell site or
5 base station receiving a 9-1-1 call from any mobile handset
6 or text telephone device accessing the wireless system to the
7 designated wireless public safety answering point as set
8 forth in the order of the Federal Communications Commission,
9 FCC Docket No. 94-102, adopted June 12, 1996, with an
10 effective date of October 1, 1996, and any subsequent
11 amendment thereto through the use of automatic number
12 identification and pseudo-automatic number identification.
13 "Wireless public safety answering point" means the
14 functional division of an emergency telephone system board,
15 qualified governmental entity, or the Department of State
16 Police accepting wireless 9-1-1 calls.
17 "Wireless subscriber" means an individual or entity to
18 whom a wireless service account or number has been assigned
19 by a wireless carrier.
20 "Wireless telephone service" includes prepaid wireless
21 telephone service and means all "commercial mobile service",
22 as that term is defined in 47 CFR 20.3, including all
23 personal communications services, wireless radio telephone
24 services, geographic area specialized and enhanced
25 specialized mobile radio services, and incumbent wide area
26 specialized mobile radio licensees that offer real time,
27 two-way service that is interconnected with the public
28 switched telephone network.
29 (Source: P.A. 91-660, eff. 12-22-99.)
30 (50 ILCS 751/17)
31 Sec. 17. Wireless carrier surcharge.
32 (a) Except as provided in Section 45, each wireless
33 carrier shall impose a monthly wireless carrier surcharge per
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1 CMRS connection that either has a telephone number within an
2 area code assigned to Illinois by the North American
3 Numbering Plan Administrator or has a billing address in this
4 State. In the case of prepaid wireless telephone service,
5 this surcharge shall be remitted based upon the address
6 associated with the point of purchase, the customer billing
7 address, or the location associated with the MTN for each
8 active prepaid wireless telephone that has a sufficient
9 positive balance as of the last day of each month, if that
10 information is available. No wireless carrier shall impose
11 the surcharge authorized by this Section upon any subscriber
12 who is subject to the surcharge imposed by a unit of local
13 government pursuant to Section 45. The wireless carrier that
14 provides wireless service to the subscriber shall collect the
15 surcharge set by the Wireless Enhanced 9-1-1 Board from the
16 subscriber. For mobile telecommunications services provided
17 on and after August 1, 2002, any surcharge imposed under this
18 Act shall be imposed based upon the municipality or county
19 that encompasses the customer's place of primary use as
20 defined in the Mobile Telecommunications Sourcing Conformity
21 Act. The surcharge shall be stated as a separate item on the
22 subscriber's monthly bill. The wireless carrier shall begin
23 collecting the surcharge on bills issued within 90 days after
24 the Wireless Enhanced 9-1-1 Board sets the monthly wireless
25 surcharge. State and local taxes shall not apply to the
26 wireless carrier surcharge.
27 (b) Except as provided in Section 45, a wireless carrier
28 shall, within 45 days of collection, remit, either by check
29 or by electronic funds transfer, to the State Treasurer the
30 amount of the wireless carrier surcharge collected from each
31 subscriber. Of the amounts remitted under this subsection,
32 the State Treasurer shall deposit one-third into the Wireless
33 Carrier Reimbursement Fund and two-thirds into the Wireless
34 Service Emergency Fund.
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1 (c) The first such remittance by wireless carriers shall
2 include the number of customers by zip code, and the 9-digit
3 zip code if currently being used or later implemented by the
4 carrier, that shall be the means by which the Department of
5 Central Management Services shall determine distributions
6 from the Wireless Service Emergency Fund. This information
7 shall be updated no less often than every year. Wireless
8 carriers are not required to remit surcharge moneys that are
9 billed to subscribers but not yet collected.
10 (Source: P.A. 91-660, eff. 12-22-99; 92-526, eff. 7-1-02.)
11 (50 ILCS 751/35)
12 (Section scheduled to be repealed on April 1, 2005)
13 Sec. 35. Wireless Carrier Reimbursement Fund;
14 reimbursement. To recover costs from the Wireless Carrier
15 Reimbursement Fund, the wireless carrier shall submit sworn
16 invoices to the Department of Central Management Services.
17 In no event may any invoice for payment be approved for (i)
18 costs that are not related to compliance with the
19 requirements established by the wireless enhanced 9-1-1
20 mandates of the Federal Communications Commission, (ii) costs
21 with respect to any wireless enhanced 9-1-1 service that is
22 not operable at the time the invoice is submitted, or (iii)
23 costs of any wireless carrier exceeding 125% of the wireless
24 emergency services charges remitted to the Wireless Carrier
25 Reimbursement Fund by the wireless carrier under Section
26 17(b)unless the wireless carrier received prior approval for
27 the expenditures from the Department of Central Management
28 Services.
29 If in any month the total amount of invoices submitted to
30 the Department of Central Management Services and approved
31 for payment exceeds the amount available in the Wireless
32 Carrier Reimbursement Fund, wireless carriers that have
33 invoices approved for payment shall receive a pro-rata share
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1 of the amount available in the Wireless Carrier Reimbursement
2 Fund based on the relative amount of their approved invoices
3 available that month, and the balance of the payments shall
4 be carried into the following months, and shall include
5 appropriate interest at the statutory rate, until all of the
6 approved payments are made.
7 A wireless carrier may not receive payment from the
8 Wireless Carrier Reimbursement Fund for its costs of
9 providing wireless enhanced 9-1-1 services in an area when a
10 unit of local government or emergency telephone system board
11 provides wireless 9-1-1 services in that area and was
12 imposing and collecting a wireless carrier surcharge prior to
13 July 1, 1998.
14 The Department of Central Management Services shall
15 maintain detailed records of all receipts and disbursements
16 and shall provide an annual accounting of all receipts and
17 disbursements to the Auditor General.
18 The Department of Central Management Services shall adopt
19 rules to govern the reimbursement process.
20 (Source: P.A. 91-660, eff. 12-22-99.)
21 (50 ILCS 751/70)
22 (Section scheduled to be repealed on April 1, 2005)
23 Sec. 70. Repealer. This Act is repealed on April 1,
24 2008 2005.
25 (Source: P.A. 91-660, eff. 12-22-99.)