1.1                          A bill for an act 
  1.2             relating to public safety; implementing the federal 
  1.3             communications commission requirement for wireless 
  1.4             enhanced 911 service; establishing a cost recovery 
  1.5             mechanism; authorizing the payment of wireless 
  1.6             enhanced 911 installation charges from the 911 fund; 
  1.7             establishing a method of determining the primary 
  1.8             answering point for wireless 911 calls; limiting 
  1.9             liability of wireless enhanced 911 service provider; 
  1.10            amending Minnesota Statutes 1996, sections 403.08, by 
  1.11            adding a subdivision; 403.11, subdivision 2; 403.113, 
  1.12            subdivisions 1, 2, 3, and 4; 403.13; and 473.894, 
  1.13            subdivision 3; proposing coding for new law in 
  1.14            Minnesota Statutes, chapter 403. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1996, section 403.08, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 7.  [CELLULAR AND OTHER NONWIRE PROVIDERS.] (a) Each 
  1.19  cellular and other wireless access service provider shall 
  1.20  cooperate in planning and implementing integration with enhanced 
  1.21  911 systems operating in their service territories to meet 
  1.22  federal communications commission enhanced 911 standards.  By 
  1.23  August 1, 1997, each 911 emergency telephone service provider 
  1.24  operating enhanced 911 systems, in cooperation with each 
  1.25  involved cellular or other wireless access service provider, 
  1.26  shall develop and provide to the department of administration 
  1.27  good faith estimates of installation and recurring expenses to 
  1.28  integrate cellular 911 service into the enhanced 911 networks to 
  1.29  meet federal communications commission phase one wireless 
  1.30  enhanced 911 standards.  The department of administration shall 
  2.1   coordinate with counties and affected public safety agency 
  2.2   representatives in developing a statewide design and plan for 
  2.3   implementation.  
  2.4      (b) Planning shall be completed by October 1, 1997, for the 
  2.5   seven-county metropolitan area, and shall be completed by 
  2.6   December 1, 1997, for the areas outside of the seven-county 
  2.7   metropolitan area.  
  2.8      (c) Planning considerations will include cost, degree of 
  2.9   integration into existing 911 systems, the retention of existing 
  2.10  911 infrastructure, and the implementation of phase two of the 
  2.11  federal communications commission wireless enhanced 911 
  2.12  standards.  
  2.13     (d) Counties shall incorporate the statewide design when 
  2.14  modifying county 911 plans to provide for integrating wireless 
  2.15  911 service into existing county 911 systems.  The department of 
  2.16  administration shall contract with the involved wireless service 
  2.17  providers and 911 service providers to integrate cellular and 
  2.18  other wireless services into existing 911 systems where feasible.
  2.19     Sec. 2.  Minnesota Statutes 1996, section 403.11, 
  2.20  subdivision 2, is amended to read: 
  2.21     Subd. 2.  [MODIFICATION COSTS.] (a) The costs of a public 
  2.22  utility incurred in the modification of central office switching 
  2.23  equipment for minimum 911 service shall be paid from the general 
  2.24  fund of the state treasury by appropriations for that purpose. 
  2.25     (b) The installation and recurring charges for integrating 
  2.26  cellular and other wireless access services 911 calls into 
  2.27  enhanced 911 systems must be paid by the commissioner of 
  2.28  administration if the 911 service provider is included in the 
  2.29  statewide design plan and the charges have been certified and 
  2.30  approved under subdivision 3, or the wireless access service 
  2.31  provider has completed a contract for service with the 
  2.32  department of administration, and charges are considered 
  2.33  reasonable and accurate by the department.  Charges payable to 
  2.34  wireless access service providers are not subject to the 
  2.35  provisions of subdivision 3. 
  2.36     Sec. 3.  Minnesota Statutes 1996, section 403.113, 
  3.1   subdivision 1, is amended to read: 
  3.2      Subdivision 1.  [FEE.] (a) In addition to the actual fee 
  3.3   assessed under section 403.11, each customer receiving local 
  3.4   telephone service, excluding including cellular or other nonwire 
  3.5   service, is assessed a fee to fund implementation and 
  3.6   maintenance of enhanced 911 service, including acquisition of 
  3.7   necessary equipment and the costs of the department of 
  3.8   administration to administer the program.  The actual fee 
  3.9   assessed under section 403.11 and the enhanced 911 service fee 
  3.10  must be collected as one amount and may not exceed the amount 
  3.11  specified in section 403.11, subdivision 1, paragraph (b). 
  3.12     (b) The enhanced 911 service fee must be collected and 
  3.13  deposited in the same manner as the fee in section 403.11 and 
  3.14  used solely for the purposes of paragraph (a) and subdivision 3. 
  3.15     (c) The commissioner of the department of administration, 
  3.16  in consultation with counties and 911 system users, shall 
  3.17  determine the amount of the enhanced 911 service fee and inform 
  3.18  telephone companies or communications carriers that provide 
  3.19  service capable of originating a 911 emergency telephone call of 
  3.20  the total amount of the 911 service fees in the same manner as 
  3.21  provided in section 403.11. 
  3.22     Sec. 4.  Minnesota Statutes 1996, section 403.113, 
  3.23  subdivision 2, is amended to read: 
  3.24     Subd. 2.  [DISTRIBUTION OF MONEY.] (a) After payment of the 
  3.25  costs of the department of administration to administer the 
  3.26  program, the commissioner shall distribute the money collected 
  3.27  under this section as follows: 
  3.28     (1) one-half of the amount equally to all qualified 
  3.29  counties, and after October 1, 1997, to all qualified counties, 
  3.30  existing ten public safety answering points operated by the 
  3.31  Minnesota state patrol, and each governmental entity operating 
  3.32  the individual public safety answering points serving the 
  3.33  metropolitan airports commission, Red Lake Indian Reservation, 
  3.34  and the University of Minnesota police department; and 
  3.35     (2) the remaining one-half to qualified counties and cities 
  3.36  with existing 911 systems based on each county's or city's 
  4.1   percentage of the total population of qualified counties and 
  4.2   cities.  The population of a qualified city with an existing 
  4.3   system must be deducted from its county's population when 
  4.4   calculating the county's share under this clause if the city 
  4.5   seeks direct distribution of its share. 
  4.6      (b) A county's share under subdivision 1 must be shared pro 
  4.7   rata between the county and existing city systems in the 
  4.8   county.  A county or city or other governmental entity as 
  4.9   described in paragraph (a), clause (1), shall deposit money 
  4.10  received under this subdivision in an interest-bearing fund or 
  4.11  account separate from the county's or city's governmental 
  4.12  entity's general fund and may use money in the fund or account 
  4.13  only for the purposes specified in subdivision 3. 
  4.14     (c) For the purposes of this subdivision, a county or city 
  4.15  is qualified to share in the distribution of money for enhanced 
  4.16  911 service if the county auditor certifies to the commissioner 
  4.17  of administration the amount of the county's or city's levy for 
  4.18  the cost of providing enhanced 911 service for taxes payable in 
  4.19  the year in which money for enhanced 911 service will be 
  4.20  distributed.  The commissioner may not distribute money to a 
  4.21  county or city in an amount greater than twice the amount of the 
  4.22  county's or city's certified levy.  A county or city or other 
  4.23  governmental entity as described in paragraph (a), clause (1), 
  4.24  is not qualified to share in the distribution of money for 
  4.25  enhanced 911 service if, in addition to the levy required under 
  4.26  this paragraph, it has not implemented enhanced 911 service 
  4.27  before December 31, 1998. 
  4.28     (d) For the purposes of this subdivision, "existing city 
  4.29  system" means a city 911 system that provides at least basic 911 
  4.30  service and that was implemented on or before April 1, 1993.  
  4.31     Sec. 5.  Minnesota Statutes 1996, section 403.113, 
  4.32  subdivision 3, is amended to read: 
  4.33     Subd. 3.  [LOCAL EXPENDITURES.] (a) Money distributed to 
  4.34  counties or an existing city system under subdivision 2 for 
  4.35  enhanced 911 service may be spent on enhanced 911 system costs 
  4.36  for the purposes stated in subdivision 1, paragraph (a).  In 
  5.1   addition, money may be spent to lease, purchase, lease-purchase, 
  5.2   or maintain enhanced 911 equipment, including telephone 
  5.3   equipment; recording equipment; computer hardware; computer 
  5.4   software for database provisioning, addressing, mapping, and any 
  5.5   other software necessary for automatic location identification 
  5.6   or local location identification; trunk lines; selective routing 
  5.7   equipment; the master street address guide; dispatcher public 
  5.8   safety answering point equipment proficiency and operational 
  5.9   skills; pay for long-distance charges incurred due to 
  5.10  transferring 911 calls to other jurisdictions; and the equipment 
  5.11  necessary within the public safety answering point for community 
  5.12  alert systems and to notify and communicate with the emergency 
  5.13  services requested by the 911 caller. 
  5.14     (b) Money distributed for enhanced 911 service may not be 
  5.15  spent on: 
  5.16     (1) purchasing or leasing of real estate or cosmetic 
  5.17  additions to or remodeling of communications centers; 
  5.18     (2) mobile communications vehicles, fire engines, 
  5.19  ambulances, law enforcement vehicles, or other emergency 
  5.20  vehicles; 
  5.21     (3) signs, posts, or other markers related to addressing or 
  5.22  any costs associated with the installation or maintenance of 
  5.23  signs, posts, or markers. 
  5.24     Sec. 6.  Minnesota Statutes 1996, section 403.113, 
  5.25  subdivision 4, is amended to read: 
  5.26     Subd. 4.  [AUDITS.] Each county and city or other 
  5.27  governmental entity as described in subdivision 2, paragraph 
  5.28  (a), clause (1), shall conduct an annual audit on the use of 
  5.29  funds distributed to it for enhanced 911 service.  A copy of 
  5.30  each audit report must be submitted to the commissioner of 
  5.31  administration. 
  5.32     Sec. 7.  Minnesota Statutes 1996, section 403.13, is 
  5.33  amended to read: 
  5.34     403.13 [CELLULAR TELEPHONE USE.] 
  5.35     Subdivision 1.  [CELLULAR 911 CALLS.] (a) Those 
  5.36  governmental entities that are responsible for the design, 
  6.1   planning, and coordination of the 911 emergency telephone system 
  6.2   under the requirements of this chapter shall ensure that a 911 
  6.3   emergency call made with a cellular or other wireless access 
  6.4   device is automatically connected to and answered by the 
  6.5   appropriate public safety answering point. 
  6.6      (b) In order to comply with paragraph (a), representatives 
  6.7   of each county's 911 planning committee shall consult with 
  6.8   representatives of the relevant district office of the state 
  6.9   patrol to allocate responsibility for answering emergency 911 
  6.10  calls in each county and shall notify the department of 
  6.11  administration of the agreed upon allocation.  By October 1, 
  6.12  1997, the county 911 planning committees and the district 
  6.13  offices of the state patrol shall notify the department of 
  6.14  administration of any unresolved issues regarding the allocation 
  6.15  of responsibility for answering cellular 911 emergency calls.  
  6.16  The executive director of the metropolitan 911 board and the 911 
  6.17  product manager of the department of administration shall then, 
  6.18  together with a third party agreed to by the executive director 
  6.19  and the 911 product manager, arbitrate and resolve the 
  6.20  outstanding issues by December 15, 1997.  The decision of the 
  6.21  three-person arbitration panel shall be binding and final. 
  6.22     Subd. 2.  [NOTIFICATION OF SUBSCRIBERS.] A provider of 
  6.23  cellular or other wireless telephone services in Minnesota shall 
  6.24  notify its subscribers at the time of initial subscription and 
  6.25  four times per year thereafter that a 911 emergency call made 
  6.26  with a cellular wireless telephone is not always answered by a 
  6.27  local public safety answering point but rather is may be routed 
  6.28  to a state patrol dispatcher and that, accordingly, the caller 
  6.29  must provide specific information regarding the caller's 
  6.30  location. 
  6.31     Sec. 8.  [403.14] [WIRELESS ENHANCED 911 SERVICE PROVIDER; 
  6.32  LIABILITY.] 
  6.33     No wireless enhanced 911 emergency communication service 
  6.34  provider, its employees, or its agents is liable to any person 
  6.35  for civil damages resulting from or caused by any act or 
  6.36  omission in the development, design, installation, operation, 
  7.1   maintenance, performance, or provision of enhanced 911 wireless 
  7.2   service, except for willful or wanton misconduct.  Also, no 
  7.3   wireless carrier, its employees, or its agents is liable to any 
  7.4   person who uses enhanced 911 wireless service for release of 
  7.5   subscriber information required under this chapter to any public 
  7.6   safety answering point. 
  7.7      Sec. 9.  Minnesota Statutes 1996, section 473.894, 
  7.8   subdivision 3, is amended to read: 
  7.9      Subd. 3.  [APPLICATION TO FCC.] Within 180 days from 
  7.10  adoption of the regionwide public safety radio system 
  7.11  communication plan the commissioner of transportation, on behalf 
  7.12  of the state of Minnesota, shall use the plan adopted by the 
  7.13  board under subdivision 2 to submit an extended implementation 
  7.14  application to the Federal Communications Commission (FCC) for 
  7.15  the NPSPAC channels and other public safety frequencies 
  7.16  available for use in the metropolitan area and necessary to 
  7.17  implement the plan.  Local governments and all other public or 
  7.18  private entities eligible under part 90 of the FCC rules shall 
  7.19  not apply for public safety channels in the 821 to 824 and 866 
  7.20  to 869 megahertz bands for use within the metropolitan counties 
  7.21  until the FCC takes final action on the regional application 
  7.22  submitted under this section.  Exceptions to the restrictions on 
  7.23  the application for the NPSPAC channels may be granted by the 
  7.24  radio board.  The Minnesota department of transportation shall 
  7.25  hold the master system licenses for all public safety 
  7.26  frequencies assigned to the metropolitan area issued by the FCC 
  7.27  first phase under the board's plan and these channels shall be 
  7.28  used for the implementation of the plan.  Local governments and 
  7.29  other public and private entities eligible under part 90 of the 
  7.30  FCC rules may apply to the FCC as colicensees for subscriber 
  7.31  equipment and those portions of the network infrastructure owned 
  7.32  by them.  Application for colicensing under this section shall 
  7.33  require the concurrence of the radio board. The radio board 
  7.34  shall hold the master system licenses for the public safety 
  7.35  frequencies assigned to local government subsystems under the 
  7.36  board's plan and these channels shall be used for implementation 
  8.1   of the plan.  Upon approval by the board of a local government's 
  8.2   subsystem plan and evidence of a signed contract with a vendor 
  8.3   for construction of a subsystem consistent with the board's 
  8.4   system plan, the board shall apply to the FCC to transfer to the 
  8.5   local government the licenses for the public safety frequencies 
  8.6   assigned by the plan for use in the network infrastructure owned 
  8.7   by the local government.  The radio board, the Minnesota 
  8.8   department of transportation, and local subsystem owners shall 
  8.9   jointly colicense all subscriber equipment for the backbone 
  8.10  system. 
  8.11     Sec. 10.  [APPLICATION.] 
  8.12     Section 9 applies in Anoka, Carver, Dakota, Hennepin, 
  8.13  Ramsey, Scott, and Washington counties. 
  8.14     Sec. 11.  [INTERIM FEE; APPROPRIATION AND DISTRIBUTION.] 
  8.15     (a) Until June 30, 1998, the fee for enhanced wireless 911 
  8.16  service is ten cents per month in addition to the fee actually 
  8.17  collected under Minnesota Statutes, section 403.11, subdivision 
  8.18  1, as of the effective date of this section.  The additional fee 
  8.19  is imposed effective July 1, 1997, and is appropriated to the 
  8.20  commissioner of administration for distribution as established 
  8.21  in section 3. 
  8.22     (b) Distribution of the revenue from the fee under section 
  8.23  3 for enhanced wireless 911 service must begin October 1, 1997.  
  8.24  The commissioner of administration shall determine the amount of 
  8.25  the additional enhanced wireless 911 service fee to be in effect 
  8.26  beginning July 1, 1998, under Minnesota Statutes, section 
  8.27  403.113. 
  8.28     Sec. 12.  [EFFECTIVE DATE.] 
  8.29     Sections 1 to 11 are effective the day following final 
  8.30  enactment.