GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H 1
HOUSE BILL 1755
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Short Title: Coordinate Statewide Enhanced 911 System. |
(Public) |
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Sponsors: |
Representatives Saunders, Brubaker, Holliman, Howard (Primary Sponsors); Faison and Justice. |
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Referred to: |
Public Utilities, if favorable, Finance. |
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April 19, 2007
A BILL TO BE ENTITLED
AN ACT to modernize and improve the administration of the state's 911 system through a statewide 911 emergency locating board, ensuring that all voice services contribute to the 911 system, and providing parity in the quality of service and the level of 911 charges across voice communications service providers.
Whereas, maintaining an efficient Enhanced 911 system across the State benefits all citizens and not just certain localities; and
Whereas, the Wireless 911 Board has successfully administered the statewide wireless Enhanced 911 system for many years; and
Whereas, local governments have administered a similar wireline Enhanced 911 system for their local jurisdictions; and
Whereas, the average monthly 911 service charges paid to local governments by local exchange company customers exceeds the average monthly 911 service charges paid to the Wireless 911 Board by wireless company customers, thereby creating an unfair competitive advantage for wireless companies; and
Whereas, some VoIP‑enabled providers do not currently support the Enhanced 911 system by collecting 911 service charges; and
Whereas, the consolidation of the State's Enhanced 911 system under a single board with a uniform 911 service charge will improve the integration of the State's 911 system, enhance efficiency and accountability, and create a level competitive playing field among voice communications technologies; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 62A‑1 through G.S. 62A‑12 are repealed.
SECTION 2. G.S. 62A‑21 reads as rewritten:
"§ 62A‑21. Definitions.
…
(6) "Eligible PSAPs" means those public safety
answering points that have opted to provide wireless Enhanced 911 service
and have submitted written notice to their CMRS providers and to the Wireless
911 Board.provide or operate Enhanced 911 systems.
(6a) "Enhanced 911 State plan" means a document prepared, maintained, and updated by the 911 Board that provides for all aspects of the State's integrated Enhanced 911 system, including the Board's determination of permitted uses of moneys from the 911 Fund and the amounts disbursed from the Fund to voice communications service providers and PSAPs.
(6b) "Enhanced 911 system" means an emergency telephone system that provides the user of the voice communications service connection with 911 system service and, in addition, with respect to wireless 911 service, directs 911 calls to appropriate PSAPs by selective routing based on the geographical location from which the call originated and provides the capability for ANI (or Pseudo‑ANI) and ALI features, in accordance with the requirements of the FCC Order.
(6c) "Exchange access facility" means the access from a subscriber's premises to the telephone system of a service supplier. The term includes service supplier provided access lines, PBX trunks, and centrex network access registers, as defined by tariffs of telephone companies as approved by the North Carolina Utilities Commission. The term does not include service supplier owned and operated telephone pay station lines, or Wide Area Telecommunications Service (WATS), Foreign Exchange (FX), or incoming only lines.
…
(10) "Proprietary information" means customer
lists and other related information, technology descriptions, technical information,
or trade secrets, including the term "trade secrets" as defined by
the North Carolina Trade Secrets Protection Act, G.S. 66‑152, and
the actual or developmental costs of wireless Enhanced 911 systems that
are developed, produced, or received internally by a CMRS voice communications
service provider or by a CMRS voice communications service provider's
employees, directors, officers, or agents.
…
(13a) "Shared resources" means any
element that is used for both receiving wire line 911 calls and wireless 911
calls and is an eligible expense under G.S. 62A‑8 and G.S. 62A‑25.
(13b) "Subscriber" means a person who subscribes
to a CMRS voice communications service or prepaid wireless
service.
(13c) "Voice communications service" means a service that includes: (i) the transmission, conveyance, or routing of real‑time, two‑way communications to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave, wireline, wireless, or other medium or method now in existence or hereafter devised, regardless of the protocol used for the transmission or conveyance, and (ii) the ability to receive and terminate voice calls to and from the public switched telephone network. The term also includes the transmission, conveyance, or routing of voice communications services in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether the service is referred to as voice‑over‑Internet‑protocol service or is classified by the Federal Communications Commission as enhanced or value‑added.
(13d) "Voice communications service provider" means any person or entity that provides voice communications service as defined in this Article. The term does not include any person or entity that resells voice communications service and was assessed the 911 service charge by its resale supplier.
(13e) "VoIP provider" means a voice communications service provider that enables voice messages to be sent over the Internet.
(14) "Wireless 911 system" "911
system" means an emergency telephone system that provides the user of
a CMRS voice communications service connection the ability to
reach a PSAP by dialing the digits 911 and complements a wirelessan Enhanced
911 system.
(14a) "Wireless Enhanced 911 State plan"
means a document prepared, maintained, and updated by the Wireless 911 Board
that provides for all aspects of the State's integrated wireless Enhanced 911
system, including the Board's determination of permitted uses of moneys from
the Wireless Fund and the amounts disbursed from the Fund to CMRS providers and
PSAPs.
(15) "Wireless Enhanced 911 system"
means an emergency telephone system that provides the user of the CMRS connection
with wireless 911 service and, in addition, directs 911 calls to appropriate
PSAPs by selective routing based on the geographical location from which the
call originated and provides the capability for ANI (or Pseudo‑ANI) and
ALI features, in accordance with the requirements of the FCC Order.
(16) "Wireless Fund""911 Fund"
means the Wireless Emergency Telephone SystemNorth Carolina 911
Fund required to be established and maintained pursuant to G.S. 62A‑22(c)."
SECTION 3. G.S. 62A‑22 reads as rewritten:
"§ 62A‑22. Wireless 911 Board.
(a) There is created a Wireless 911 Board911
Emergency Locating Board ("Board"), consisting of 13 17
members as follows:
(1) Two Four members appointed by the
Governor, one upon the recommendation of the North Carolina League of Municipalities
andMunicipalities, one upon the recommendation of the North Carolina
Association of County Commissioners;Commissioners, one representing a
VoIP provider, and one representing the North Carolina chapter of the National
Emergency Number Association (NENA);
(2) Five Six members appointed by the
General Assembly upon the recommendation of the Speaker of the House of
Representatives, one of whom shall be a sheriff, three two representing
CMRS providers licensed to do business in North Carolina andCarolina,
one representing the North Carolina Chapter of the Association of Public Safety
Communications Officials (APCO);(APCO), and two representing local
exchange carriers licensed to do business in North Carolina, one of whom shall
represent a local exchange carrier with less than 50,000 access lines;
(3) Five Six members appointed by the
General Assembly upon the recommendation of the President Pro Tempore of the
Senate, one of whom shall be a chief of police, two representing CMRS providers
licensed to do business in North Carolina, one two representing
local exchange carriers licensed to do business in North Carolina,Carolina,
one of whom shall represent a local exchange carrier with less than 200,000
access lines, and one representing the North Carolina Chapter of the
National Emergency Number Association (NENA); and
(4) The State Chief Information Officer or the Chief Information Officer's designee, who shall serve as the chair.
A quorum of the Board shall consist of seven nine members.
The Board shall meet upon the call of the chair.
…
(c) There is established with the Treasurer the Wireless
911 Fund into which the Board shall deposit all revenues derived
from the service charge levied on exchange access facility, VoIP, and CMRS
connections in the State and collected pursuant to G.S. 62A‑23. The Wireless
911 Fund shall be a separate fund restricted to the uses set forth
in this Article.
(d) (Effective until July 1, 2007) Consistent
with the provisions of G.S. 143‑3.2, the Board shall disburse the
revenues remitted to the Wireless 911 Fund in the manner set
forth in G.S. 62A‑25. The Board shall establish procedures for
disbursement of these revenues and advise the CMRS voice
communications service providers and eligible counties PSAPs of
such the procedures within 60 days after all members are
appointed pursuant to G.S. 62A‑22(a).
(d) (Effective July 1, 2007) Consistent with the
provisions of G.S. 143B‑426.40G, the Board shall disburse the
revenues remitted to the Wireless 911 Fund in the manner set
forth in G.S. 62A‑25. The Board shall establish procedures for
disbursement of these revenues and advise the CMRS voice
communications service providers and eligible counties PSAPs of
such the procedures within 60 days after all members are
appointed pursuant to G.S. 62A‑22(a).
…."
SECTION 4. G.S. 62A‑22.1 reads as rewritten:
"§ 62A‑22.1. Powers and duties of the Board.
The Wireless 911 Board shall have the following powers
and duties:
(1) To levy a monthly wireless Enhanced 911
service charge on each CMRS connection.voice communications service
connection in the amount provided in G.S. 62A‑23. The service
charge is not a tax.
(2) To make and enter into contracts and agreements
necessary or incidental to the performance of its duties and powers under this
Article, including purchase agreements that are paid with funds from the
administrative fee allowed under G.S. 62A‑26 and other moneys
appropriated to or received by the Board for the wireless Enhanced 911
system.
(3) To accept gifts, grants, or other moneys moneys,
and to make grants for purposes of furthering the intent of this Article.
(4) To develop a comprehensive wireless Enhanced
911 telecommunications State plan for communicating Enhanced 911
call information across networks and among PSAPs. In constructing and
periodically updating the plan, the Board shall monitor trends and advances in wireless
Enhanced 911 telecommunications voice communications service technology,
investigate and utilize development of other resources within the State as part
of the wireless Enhanced 911 State plan, including GIS mapping and Voice
over Internet Protocol (VoIP), and formulate strategies for the efficient and
effective delivery of wireless Enhanced 911 telecommunications
services.voice communications service.
…
(6) To advocate for issues related to wireless Enhanced
911 system functions, features, and operations to improve the delivery of wireless
Enhanced 911 services to residents of and visitors to the State.
(6a) To audit PSAPs to ensure that revenues received from the 911 Fund are being used in accordance with the provisions of this Article.
(6b) To undertake its duties in a manner that is competitively and technologically neutral as to all voice communications service providers.
.…"
SECTION 5. G.S. 62A‑23 reads as rewritten:
"§ 62A‑23. Amount of service charge.
(a) The rate of the monthly wireless Enhanced
911 service charge shall be set at seventy cents (70¢) per month per each CMRS
voice communications service provider connection beginning October
1, 2005.2007. The service charge shall have uniform application
and shall be imposed throughout the State.State as a charge to end
user customers.
(b) The Board may adjust the service charge on July 1
of every even‑numbered year.year, but the service charge shall not
exceed the amount set in subsection (a) of this section. The Board is to
set the service charge at such a rate as to ensure full recovery for CMRS voice
communications service providers and for primary PSAPs, over a reasonable
period of time, of the costs allowed in G.S. 62A‑25(b) G.S. 62A‑25(a)
and (e) and associated with developing and maintaining a wirelessan
Enhanced 911 system. If necessary to ensure full recovery of costs for both CMRS
voice communications service providers and eligible primary PSAPs
over a reasonable period of time, the Board may annually adjust the allocation
percentages set forth in G.S. 62A‑25(a) and G.S. 62A‑25(b),
or reallocate funds comprising the Wireless 911 Fund, provided,
however, that any adjustment or reallocation shall be consistent with the
requirements of the FCC Order.
(b1) The service charge shall also be imposed upon
prepaid wireless telephone service subscribers. CMRS Voice
communications service providers of prepaid wireless telephone service
shall collect and remit to the Board the service charge under one of the
following methods:
(1) The CMRS voice communications service provider
shall collect, on a monthly basis, the service charge from each active prepaid
wireless telephone service customer whose account balance is equal to or
greater than the amount of the service charge; or
(2) The CMRS voice communications service provider
shall divide the total earned prepaid wireless telephone service revenue
received by the CMRS voice communications service provider with
respect to each active prepaid wireless telephone service customer in the State
within the monthly 911 reporting period by fifty dollars ($50.00) and multiply
the quotient by the service charge amount.
(c) The service charge shall not exceed
eighty cents (80¢) per month.
(d) The Board may adopt other rules and procedures as
may be necessary to effect the provisions of this act but may not regulate any
other aspect of the provision of wireless Enhanced 911 service, such as
technical standards.
(e) No other State agency or local government may levy
any additional surcharge or fee relating to the provision of wireless
911 service or Enhanced 911 service."
SECTION 6. G.S. 62A‑24 reads as rewritten:
"§ 62A‑24. Management of funds.
(a) Except for prepaid wireless telephone service, each
CMRS voice communications service provider, as a part of its
monthly billing process, shall collect from its subscribers the wireless Enhanced
911 service charge described in G.S. 62A‑23.G.S. 62A‑23(a).
The CMRS voice communications service provider may list the
service charge as a separate entry on each bill. If a CMRS voice
communications service provider receives a partial payment for a monthly
bill from a subscriber, the provider shall apply the payment first against the
amount the subscriber owes the provider.
(b) A CMRS voice communications service provider
has no obligation to take any legal action to enforce the collection of the
service charges for which any subscriber is billed. However, a collection
action may be initiated by the Board or a local governmental unit, and
reasonable costs and attorneys' fees associated with that collection action may
be awarded.assessed against the subscriber. Upon the request of a
PSAP or the 911 Board, the voice communications service provider shall provide
to the 911 Board the name, address, and telephone number of any telephone
subscriber who has disclosed to the voice communications service provider their
refusal to pay the 911 service charge.
(c) Each CMRS voice communications service provider
shall be entitled to deduct a one percent (1%)an administrative
fee from the total service charges collected.collected that is equal
to one percent (1%) or fifty dollars ($50.00) per month, whichever is greater.
(d) All service charges collected by the CMRS voice
communications service providers, less the administrative fee described in
subsection (c) of this section, are to be remitted to the Wireless 911
Fund, not later than 30 days after the end of the calendar month in which
such service charges are collected.
(e) The fiscal officer to whom 911 distributions are made under G.S. 62A‑25 shall deposit the funds in a special revenue fund, as defined in G.S. 159‑26(b)(2). The special revenue fund shall be known as the Emergency Telephone System Fund, and the fiscal officer may invest money in the Fund in the same manner that other money of the local government may be invested. The fiscal officer shall deposit any income earned from the invested money in the Emergency Telephone System Fund. Moneys deposited into the Fund shall be used only as permitted in G.S. 62A‑25."
SECTION 7. Article 2 of Chapter 62A of the General Statutes is amended by adding the following new section to read:
"§ 62A‑24.1. Nature of funds.
The General Assembly finds that for purposes of Section 5(3) of Article III of the North Carolina Constitution the funds maintained in and distributed from the 911 Fund is local revenue and not a State expenditure, and therefore the Governor may not reduce or withhold distributions from the 911 Fund."
SECTION 8. G.S. 62A‑25 reads as rewritten:
"§ 62A‑25.
Use of funds.911 Fund; uses.
(a) Fifty‑three percent (53%) of the funds in
the Wirelessremitted by CMRS providers to the 911 Fund established
in G.S. 62A‑22(c) shall be used to reimburse CMRS providers, in
response to sworn invoices submitted to the Board, for the actual costs
incurred by the CMRS providers in complying with the wireless 911 requirements
established by the FCC Order and any rules and regulations which are or may be
adopted by the FCC pursuant to the FCC Order, including costs and expenses
incurred for designing, upgrading, purchasing, leasing, programming,
installing, testing, or maintaining all necessary data, hardware, and software
required in order to provide such service as well as the recurring and
nonrecurring costs of operating such service. All costs and expenses must be
commercially reasonable.
(a1) Sworn invoices shall be presented by CMRS providers in connection with any request for reimbursement under this section. In no event shall any invoice for reimbursement be approved for the payment of costs that are not related to compliance with the wireless Enhanced 911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order.
(a2) In no event shall any invoice for reimbursement be approved for payment of costs of any CMRS provider exceeding the lesser of one hundred percent (100%) of the eligible costs allowed under G.S. 62A‑25(e) or one hundred twenty‑five percent (125%) of the service charges remitted by the CMRS provider unless prior approval for the expenditures is received from the Board. If the total amount of invoices submitted to the Board and approved for payment exceeds the amount in the 911 Fund in any month, CMRS providers that have invoices approved for payment shall receive a pro rata share of the 911 Fund, based on the relative amount of their approved invoices available that month, and the balance of the payments will be carried over to the following month or months and shall include interest at a rate equal to the rate earned by the 911 Fund until all of the approved payments are made.
(b) Forty‑seven percent (47%) of the funds in
the Wirelessremitted by CMRS providers to the 911 Fund established
in G.S. 62A‑22(c) shall be used to make monthly distributions to
eligible primary PSAPs (the "PSAP Fund").(the "PSAP
Fund"), as provided in subsection (d) of this section. Money from
the PSAP Fund shall be used only to pay for the lease, purchase, or maintenance
of emergency telephone equipment for the wireless Enhanced 911 system,
including necessary computer hardware, software and database provisioning,
nonrecurring costs of establishing a wireless Enhanced 911 system, and expenses
related to shared resources. For purposes of this section, shared resources
expenses are limited to those expenses identified in this section and G.S. 62A‑8
and shall not exceed an amount determined reasonable by the Board. Money from
the PSAP Fund shall also be used to pay the rates associated with the local
telephone companies' charges related to the operation of the wireless Enhanced
911 system. The PSAP Fund shall be distributed as follows:
(1) Fifty percent (50%) of it shall be divided
equally among the total number of eligible primary PSAPs in North Carolina.
However, monthly distribution shall be made only to those eligible primary
PSAPs that have complied with the provisions of this Article. Distribution to
each eligible primary PSAP will begin the month following its compliance with
the provisions of this Article. All monies remaining in this portion of the
PSAP Fund on June 30 of each year will then be evenly distributed to each of
the eligible primary PSAPs.
(2) The other fifty percent (50%) shall be
divided pro rata among the eligible primary PSAPs based on the population
served by the PSAP. However, monthly distribution shall be made only to those
primary PSAPs that have complied with the provisions of this Article.
Distribution to each eligible primary PSAP will begin the month following its
compliance with the provisions of this Article. The population data to be used
shall be the latest certified county and official municipal estimates of
population published by the Office of State Budget and Management. All monies
remaining in this portion of the PSAP Fund on June 30 of each year will then be
distributed to each of the eligible primary PSAPs based on the population
served by the primary PSAP.
(b1) The funds remitted by exchange access facility providers and VoIP providers to the 911 Fund shall be used to make monthly distributions to primary eligible PSAPs as provided in subsection (b2) of this section.
(b2) The 911 Fund shall distribute funds remitted under subsection (b) of this section by CMRS providers, under subsection (b1) by exchange access facility providers and VoIP providers, and under this Article by other voice communications service providers only as follows:
(1) Each eligible primary PSAP shall receive the same amount of funds the PSAP collected in the previous fiscal year from the total funds available for distribution to PSAPs that was reported to the State Treasurer, Local Government Division, as being in the special revenue fund known as the Emergency Telephone System Fund.
(2) A percentage of any additional funds remitted by voice communications service providers shall be divided pro rata among eligible primary PSAPs based upon the population served by the PSAPs, and a percentage shall be distributed to primary eligible PSAPs in rural and other high‑cost areas to provide facility and service enhancements.
(b3) Funds in the 911 Fund available for primary eligible PSAPs (the "PSAP Fund") shall be used only to pay for:
(1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software and database provisioning, addressing, and nonrecurring costs of establishing a 911 system.
(2) Reasonable expenditures required to provide in‑State training of 911 personnel regarding the maintenance and operation of the 911 system. Allowable training expenses include the cost of instructors, initial certifications, quality assurance and improvement programs, including emergency medical, fire, or law enforcement. Training shall be provided within the State of North Carolina unless the training is unavailable in the State, or the PSAP is able to document that the training costs would be less by traveling out-of-state. Training specific to the receipt of 911 calls shall be allowed only for intake and related call taking quality assurance and improvement. Instructor certification costs and course required prerequisites, including physicals, psychological exams, and drug testing are not allowable expenditures.
(3) Rates associated with the service supplier's 911 service and other service supplier recurring charges. The PSAP providing 911 service shall be responsible to the voice communications service provider for all 911 installation, service, equipment, operation, and maintenance charges owed to the voice communications service provider, and any taxes due on 911 service provided by a voice communications service provider shall be billed to the PSAP providing the service. A PSAP may contract with a service supplier on terms agreed to by the PSAP and the service supplier.
(b4) Funds in the PSAP Fund shall not be used to pay for the lease or purchase of real estate, cosmetic remodeling of emergency dispatch centers, hiring or compensating dispatchers, or the purchase of mobile communications vehicles, ambulances, fire engines, or other emergency vehicles.
(c) Sworn invoices shall be presented by CMRS
providers in connection with any request for reimbursement under this section.
In no event shall any invoice for reimbursement be approved for the payment of
costs that are not related to compliance with the wireless Enhanced 911 service
requirements established by the FCC Order and any rules and regulations which
are or may be adopted by the FCC pursuant to the FCC Order.
(d) In no event shall any invoice for reimbursement
be approved for payment of costs of any CMRS provider exceeding the lesser of
one hundred percent (100%) of the eligible costs allowed under G.S. 62A‑25(b)
or one hundred twenty‑five percent (125%) of the service charges remitted
by such CMRS provider unless prior approval for such expenditures is received
from the Board. If the total amount of invoices submitted to the Board and
approved for payment exceeds the amount in the Wireless Fund in any month, CMRS
providers that have invoices approved for payment shall receive a pro rata
share of the Wireless Fund, based on the relative amount of their approved
invoices available that month, and the balance of the payments will be carried
over to the following month or months and shall include interest at a rate
equal to the rate earned by the Wireless Fund until all of the approved
payments are made.
(e) In January July of each year every
participating PSAP will submit to the Board a copy of its governing agency's
approved budget detailing the PSAP's revenues and expenditures associated with
the operation of its wireless Enhanced 911 system. PSAPs must comply with all
requests by the Board for financial information related to the operation of the
wireless Enhanced 911 system. The PSAP budget shall identify revenues and
expenditures for eligible expense reimbursements as provided in G.S. 62A‑25(b).in
this Article and rules adopted by the 911 Board.
(f) On February 15, 2000, 2009, and
every two years thereafter the 911 Board shall report to the Joint
Legislative Commission on Governmental Operations and the Revenue Laws Study
Committee. The report shall contain complete information regarding receipts and
expenditures of all funds received by the 911 Board during the period
covered by the report as well as the status of wireless Enhancedthe
911 systems in North Carolina at the time of the report. The first report
shall cover the period from the formation of the Board to December 31, 1999.Each
succeeding report shall cover the two‑year period of time from the ending
date of the previous report.
.…"
SECTION 9. G.S. 62A‑25.1 reads as rewritten:
"§ 62A‑25.1. Unauthorized use of funds.
The Board shall give written notice of violation to any CMRS
voice communications service provider or PSAP found by the Board to
be using moneys from the Wireless 911 Fund for purposes not
authorized by this Article. Upon receipt of notice, the CMRS voice
communications service provider or PSAP shall cease making any unauthorized
expenditures. The CMRS voice communications service provider or
PSAP may petition the Board for a hearing on the question of whether the
expenditures were unauthorized, and the Board shall grant the request within a
reasonable period of time. If, after the hearing, the Board concludes the
expenditures were in fact unauthorized, the Board may require the CMRS voice
communications service provider or PSAP to refund the moneys improperly
spent within 90 days, and the moneys shall be deposited into the Wireless 911
Fund. If a CMRS voice communications service provider or PSAP
does not cease making unauthorized expenditures or refuses to refund improperly
spent moneys, the Board may suspend funding to the provider or PSAP until
corrective action is taken."
SECTION 10. G.S. 62A‑26 reads as rewritten:
"§ 62A‑26. Administrative fee.
The Board shall be entitled to deduct a one percent (1%)
administrative fee from the total service charges remitted by the CMRS voice
communications service providers for its expenses."
SECTION 11. G.S. 62A‑27 reads as rewritten:
"§ 62A‑27. Provision of wireless services.
In accordance with the FCC Order, no CMRS provider shall be required to provide wireless Enhanced 911 service until such time as (i) the provider receives a request for such service from the administrator of a PSAP that is capable of receiving and utilizing the data elements associated with the service; (ii) funds are available pursuant to G.S. 62A‑24; and (iii) the local exchange carrier is able to support the wireless Enhanced 911 system."
SECTION 12. G.S. 62A‑28 reads as rewritten:
"§ 62A‑28. Audit.
The State Auditor may perform audits pursuant to Article 5A
of Chapter 147 of the General Statutes to ensure that funds in the Wireless 911
Fund are being managed in accordance with the provisions of this Article
and shall perform an audit at least every two years. The State Auditor shall
provide the audit to the Board when it meets to consider adjusting the service
charge pursuant to G.S. 62A‑23. The cost of audits shall be
reimbursed to the State Auditor by the Board."
SECTION 13. G.S. 62A‑29 reads as rewritten:
"§ 62A‑29. Customer records.
Each CMRS provider shall provide its 10,000 number groups to
the PSAPs upon request. This information shall remain the property of the
disclosing CMRS provider and shall be used only in providing emergency response
services to 911 calls. CMRS Voice communications service provider connection
information obtained by PSAP personnel for public safety purposes is not public
information under Chapter 132 of the General Statutes. No person shall disclose
or use, for any purpose other than for the wireless 911 calling system,
information contained in the database of the telephone network portion of a wireless
911 calling system established pursuant to this Article."
SECTION 14. G.S. 62A‑30 reads as rewritten:
"§ 62A‑30. Proprietary information.
All proprietary information submitted to the Board or the
State Auditor shall be retained in confidence. Proprietary information
submitted pursuant to this Article shall not be subject to disclosure under Chapter
132 of the General Statutes, or otherwise released to any person other than to
the submitting CMRS voice communications service provider, the
Board, and the independent, third‑party auditor retained pursuant to G.S. 62A‑26,G.S. 62A‑22.1
and G.S. 62A‑28 without the express permission of the submitting
CMRS voice communications service provider. Further, proprietary
information shall constitute trade secrets as defined by the North Carolina
Trade Secrets Protection Act, Article 24 of Chapter 66 of the General Statutes.
General information collected by the Board or the State Auditor shall be
released or published only in aggregate amounts that do not identify or allow
identification of numbers of subscribers or revenues attributable to an
individual CMRS voice communications service provider."
SECTION 15. G.S. 62A‑31 reads as rewritten:
"§ 62A‑31. Limitation of liability.
A CMRS provider, local exchange company, VoIP provider, service
supplier, or their employees, directors, officers, or agents, except in cases
of wanton or willful misconduct, shall not be liable for any damages in a civil
action resulting from death or injury to any person or from damage to property
incurred by any person in connection with developing, adopting, implementing,
maintaining, or operating any wireless 911 system or wireless Enhanced
911 system. This section shall not apply to actions arising out of the
operation or ownership of a motor vehicle."
SECTION 16. G.S. 62A‑32 reads as rewritten:
"§ 62A‑32.
Misuse of wireless 911 system; penalty.
Wireless 911 emergency telephone service shall
be used solely for emergency communications by the public. Any person who
knowingly uses or attempts to use wireless emergency telephone service or
information for a purpose other than obtaining public safety assistance, or who
knowingly uses or attempts to use wireless 911 emergency
telephone service in an effort to avoid any CMRS voice communications
service charges, is guilty of a Class 3 misdemeanor. If the value of the CMRS
voice communications service charge or service obtained in a manner
prohibited by this section exceeds one hundred dollars ($100.00), the person is
guilty of a Class 1 misdemeanor."
SECTION 17. This act is effective when it becomes law.