Enhanced 911 Service

Establishes enhanced 911 service for mobile phones.  (SD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The department of health, in addition to the
 2 functions and duties assigned to it under chapter 321, Hawaii
 3 Revised Statutes, is required to assist each county in the
 4 development of an emergency 911 telephone system.  The
 5 legislature finds that the mobile nature of wireless
 6 communications service creates complexities in providing 911
 7 emergency services.  The Federal Communications Commission, in
 8 FCC Docket No. 94-102, adopted regulations that require
 9 commercial mobile radio service providers to provide wireless
10 enhanced 911 service, if requested by the local government or a
11 public safety agency responsible for the emergency 911 functions,
12 within certain time parameters.  The Federal Communications
13 Commission requires the implementation of a cost recovery
14 mechanism to allow commercial mobile radio service providers to
15 recover their costs for designing, purchasing, installing,
16 testing, and operating enhanced facilities, systems, and services
17 necessary to comply  with emergency 911 requirements.  It is in
18 the public interest to establish a cost recovery mechanism in
19 accordance with the Federal Communications Commission Order so

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 1 that the citizens of Hawaii who use commercial mobile radio
 2 service will realize the benefits of wireless enhanced 911
 3 service.
 4      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 5 a new chapter to be appropriately designated and to read as
 6 follows:
 7                             "CHAPTER
 9         -1 Definitions.  As used in this chapter, unless the
10 context requires otherwise:
11      "Automatic location identification" means a wireless
12 enhanced 911 service capability that enables the automatic
13 display of information defining the approximate geographic
14 location (within one hundred twenty-five meters) of the wireless
15 telephone used to place a 911 call.
16      "Automatic number identification" means a wireless enhanced
17 911 service capability that enables the automatic display of the
18 ten-digit wireless telephone number used to place a 911 call.
19      "Board" means the wireless enhanced 911 advisory board
20 established under this chapter.
21      "Commercial mobile radio service" means commercial mobile
22 radio service under sections 3(27) and 332(d) of the Federal
23 Telecommunications Act of 1996, 47 U.S.C. 151 et seq., and the

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 1 Omnibus Budget Reconciliation Act of 1993, Pub.L. 103-66,
 2 August 10, 1993, 107 Stat. 312.  It includes the term "wireless"
 3 and service provided by any wireless real time two-way voice
 4 communication device, including radio-telephone communications
 5 used in cellular telephone service, personal communications
 6 service, or the functional and/or competitive equivalent of a
 7 radio-telephone communications line used in cellular telephone
 8 service, a personal communications service, or a network radio
 9 access line which has access to enhanced 911 service.  The term
10 does not include services that do not provide access to 911
11 service, a communication channel suitable only for data
12 transmission, a wireless roaming service or other non-local radio
13 access line service, or a private telecommunications service.
14      "Commercial mobile radio service connection" means each
15 wireless telephone number assigned to a commercial mobile radio
16 service customer, including end-users of resellers, with a
17 billing address in the State of Hawaii.
18      "Federal Communications Commission order" means the original
19 order issued in the Federal Communications Commission Docket No.
20 94-102 governing wireless enhanced 911 service and any other
21 Federal Communication Commission orders related to the provision
22 of wireless enhanced 911 service.
23      "Phase I wireless enhanced 911 service" or "phase I wireless

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 1 E911" means an emergency telephone system in which wireless 911
 2 calls and information on the caller's automatic number
 3 identification and the cell site in which the call originates are
 4 routed to an appropriate public safety answering point.
 5      "Phase II wireless enhanced 911 service" means an emergency
 6 telephone system in which wireless 911 calls and information on
 7 the caller's automatic number identification and automatic
 8 location identification are routed to an appropriate public
 9 safety answering point.
10      "Proprietary information" means customer lists and other
11 related information (including the number of customers),
12 technology descriptions, technical information, or trade secrets,
13 and the actual or developmental costs of wireless enhanced 911
14 service that are developed, produced, or received internally by a
15 provider or by a provider's employees, directors, officers, or
16 agents.
17      "Provider" means a person or entity that is authorized by
18 the Federal Communications Commission to provide facilities-based
19 commercial mobile radio service within the State.
20      "Public safety agency" means a functional division of the
21 State or county that provides or has authority to provide, or a
22 private entity contracted by a state or county agency that
23 provides firefighting, law enforcement, ambulance, medical, or

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 1 other emergency services.
 2      "Public safety answering point" means the public safety
 3 agency that receives incoming 911 calls and dispatches
 4 appropriate public safety agencies or other providers to respond
 5 to such calls.
 6      "Reseller" means a person or entity that purchases
 7 commercial mobile radio service from a provider for the purpose
 8 of reselling commercial mobile radio service to end-users.
 9      "Wireless enhanced 911 fund" or the "fund" means the
10 statewide special fund established to ensure adequate cost
11 recovery for the deployment of wireless enhanced 911 service in
12 Hawaii.  The moneys paid into the fund are not general fund
13 revenues of the State and shall be kept in a fund separate and
14 apart from the general fund of the State to ensure adequate cost
15 recovery to providers and public safety answering points for the
16 deployment of wireless enhanced 911 service in Hawaii as
17 specified in this section.
18         -2 Wireless enhanced 911 advisory board.(a)  There is
19 created within the department of health for administration, a
20 wireless enhanced 911 advisory board consisting of nine members
21 as follows:
22      (1)  The director of health or the director's designee, who
23           shall serve as the chair;

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 1      (2)  Representatives of four commercial mobile radio service
 2           providers operating within the State.  These members
 3           shall be appointed by the governor in accordance with
 4           section 26-34.  At least two members shall be
 5           representatives from the providers operating in the 800
 6           mhz frequency and at least one member shall be a
 7           representative from the providers operating in the 1900
 8           mhz frequency; and
 9      (3)  Four representatives shall be appointed by the public
10           safety answering point.  These representatives shall
11           serve as the four members who separately represent the
12           public safety answering point for each of the
13           respective counties.
14      (b)  A quorum of the board shall consist of five members;
15 provided that at least two members each representing the
16 providers and public safety answering point shall be in
17 attendance.  The board shall meet upon the call of the chair, but
18 in no event less than once per calendar quarter.
19      (c)  Except as set forth below, each provider member shall
20 serve a staggered term of two years and may be appointed to no
21 more than two successive terms.  For purposes of establishing
22 staggered terms, two of the initial appointed provider members
23 shall serve an initial term of eighteen months, with the

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 1 remaining two initial appointed provider members serving an
 2 initial term of two years.  Vacancies may be filled in the same
 3 manner as the original appointment.
 4      (d)  A member may vote by proxy submitted in writing to the
 5 board.
 6      (e)  The board shall serve without compensation, but members
 7 of the board shall be entitled to reimbursements from the
 8 wireless enhanced 911 fund for reasonable traveling expenses
 9 incurred in connection with the performance of the member's
10 duties.
11      (f)  The board may retain an independent, third party
12 accounting firm or other third party for purposes of verifying
13 reports, payments into the fund, processing checks and making
14 distributions from the fund as directed by the board and as
15 allowed by this chapter, and other administrative duties
16 necessary to administer the fund.
17      (g)  The board shall develop reasonable procedures to ensure
18 that all providers receive adequate notice of board meetings and
19 information concerning board decisions.
20         -3 Wireless enhanced 911 fund.(a)  There is
21 established within the department of health the wireless enhanced
22 911 fund for the purpose of ensuring adequate cost recovery for
23 the deployment of wireless enhanced 911 service in Hawaii and

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 1 shall be used solely for that purpose.  The fund shall be
 2 administered by the board.
 3      (b)  Any expenses of administering the fund must be paid
 4 from moneys in the fund.
 5      (c)  The fund consists of those sums remitted by:
 6      (1)  Resellers, that represent the balance of the surcharges
 7           collected following deduction of administrative
 8           expenses; and
 9      (2)  Providers, that represent the balance of the surcharges
10           collected following deduction of administrative
11           expenses and reimbursement of capital costs and
12           associated operating expenses directly related to
13           providing wireless enhanced 911 service.
14      (d)  The board shall place the funds in an interest bearing
15 account at any federally insured financial institution.
16         -4 Surcharge.  (a)  The board shall establish and levy
17 a monthly wireless enhanced 911 surcharge on each connection,
18 provided that a public safety agency has requested wireless
19 enhanced 911 service from a provider in accordance with the
20 Federal Communications Commission order.  The rate of such
21 surcharge shall initially be set at 30 cents per month for each
22 commercial mobile radio service connection.  The surcharge shall
23 not exceed 50 cents per month.  This surcharge shall have uniform

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 1 application and shall be imposed on each provider operating
 2 within the State.  The surcharge may be increased or decreased in
 3 accordance with subsection (g).
 4      (b)  All providers and resellers, within ninety days of the
 5 effective date of the initial surcharge or the date the board
 6 approves any adjustment in the amount of the surcharge, as the
 7 case may be, shall bill to and collect from each of their
 8 customers a monthly surcharge at the rate established by the
 9 board for each commercial mobile radio service connection.  The
10 provider or reseller may list the surcharge as a separate line
11 item on each bill.  If a provider or reseller receives a partial
12 payment for a monthly bill from a commercial mobile radio service
13 customer, the provider or reseller shall apply the payment
14 against the amount the customer owes the provider or reseller
15 before applying the partial payment against the surcharge.
16      (c)  A provider which has been requested by a public safety
17 answering point to provide phase I or phase II wireless enhanced
18 911 service in a particular county or counties, may recover the
19 actual capital costs and associated operating expenses directly
20 related to providing such service.  For purposes of recovering
21 such capital costs and expenses, the provider may retain up to
22 eighty-four per cent of the surcharges actually collected by the
23 provider from its customers in any given month until such time

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 1 that full recovery has been made.
 2      (d)  Each provider or reseller may further retain two per
 3 cent of the amount of surcharges collected to offset
 4 administrative expenses associated with billing and collecting
 5 the surcharge.
 6      (e)  A provider or reseller shall remit to the wireless
 7 enhanced 911 fund within sixty days after the end of the calendar
 8 month in which the surcharge is collected, an amount which
 9 represents the surcharges collected that are net of the amounts
10 retained for administrative expenses incurred by the provider or
11 reseller, and a reimbursement of a provider's capital costs and
12 associated operating expenses directly related to providing
13 wireless enhanced 911 service.
14      (f)  The surcharges collected by the provider or reseller
15 pursuant to this section are not subject to any general excise,
16 income, or other tax, fee, or assessment, nor are they considered
17 revenue of the provider or reseller.
18      (g)  Except for the initial surcharge which shall remain in
19 effect for at least twelve months, the board, upon the
20 affirmative vote by at least two-thirds of the total members of
21 the board, may adjust the amount of surcharge from time to time
22 upon ninety days' written notice to providers and public safety
23 answering points to ensure full recovery for providers and for

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                                     S.B. NO.           S.D. 1

 1 public safety answering points, over a reasonable period of time,
 2 of the costs with developing and maintaining a wireless enhanced
 3 911 service.
 4      (h)  A provider or reseller shall have no obligation to take
 5 any legal action to enforce the collection of the surcharge for
 6 which any customer is billed.  However, the board may initiate a
 7 collection action and reasonable costs and attorneys' fees
 8 associated with that collection action may be awarded.
 9         -5 Recovery from the fund.(a)  A provider whose
10 wireless enhanced 911 expenses exceed the amount of the wireless
11 enhanced 911 surcharges collected from its customers may request
12 cost recovery assistance from the wireless enhanced 911 fund.  No
13 provider seeking cost recovery from the wireless enhanced 911
14 fund may receive in excess of one hundred twenty-five per cent of
15 the total surcharges collected from its customers from the
16 inception of the fund.  The limit of one hundred twenty-five per
17 cent shall include all surcharges collected from the providers'
18 customers.  Notwithstanding the foregoing, the board, upon good
19 cause demonstrated by a provider of the reasonableness and
20 necessity of the expenditures and other criteria established by
21 the board, may allow a provider to obtain cost recovery
22 assistance from the wireless enhanced 911 fund in excess of the
23 one hundred twenty-five per cent limitation.

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 1      (b)  Any public safety answering point that has requested a
 2 provider to provide and implement phase I or phase II wireless
 3 enhanced 911 service in a particular county or counties is
 4 eligible to seek reimbursement from the fund solely to pay for
 5 the reasonable cost to lease, purchase, or maintain all necessary
 6 equipment, including computer hardware, software, and database
 7 provisioning, required by the public safety answering point to
 8 provide technical functionality for the wireless enhanced 911
 9 service pursuant to the Federal Communications Commission order.
10 The total amount of reimbursement which the eligible public
11 safety answering points may obtain from the fund shall not exceed
12 twenty-five per cent of the total moneys remitted into the fund.
13 All other expenses necessary to operate the public safety
14 answering point center including, but not limited to, those
15 expenses related to overhead, staffing, and other day-to-day
16 operational expenses, shall continue to be paid through the
17 general funding of the respective counties.
18      (c)  To the extent there are insufficient moneys in the fund
19 to satisfy any or all requests for reimbursement, the board shall
20 have the discretion to disburse moneys in amounts less than
21 requested or defer such requests until additional amounts are
22 deposited into the fund.  In considering competing requests
23 between providers and public safety answering points, the board

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 1 shall accord priority to reimbursement requests from providers
 2 over those requests made by public safety answering points.
 3      (d)  If there are competing requests for reimbursement
 4 between providers when there are insufficient moneys in the fund
 5 to satisfy such requests, the board shall disburse moneys to the
 6 requesting providers in a manner which is fair and reasonable
 7 under the circumstances.  In that situation, the board may
 8 consider, among other things, a prorated disbursement based on
 9 the amount of contributions remitted into the fund by the
10 affected providers in relation to the amount requested.
11         -6 Audits.(a)  During any period in which a wireless
12 enhanced 911 surcharge is imposed upon customers, the provider,
13 before April 2 of each year, shall submit to the board, an
14 audited report prepared by an independent certified public
15 accountant which demonstrates that the surcharge imposed recovers
16 only legitimate costs and expenses directly related to the
17 provision of phase I or phase II wireless enhanced 911 service.
18 The cost of such audited report shall be considered part of the
19 expenses which may be recovered by the provider as part of the
20 surcharge.  The audited report shall be treated as proprietary
21 information and the board shall prevent public disclosure of the
22 audited report unless required by court order or appropriate
23 administrative agency decision.

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 1      (b)  During any period in which a reseller imposes a
 2 wireless enhanced 911 surcharge upon its customers, the reseller
 3 shall submit, concurrently with the remittal of the net
 4 surcharges billed to and collected from the reseller's customers,
 5 a report which provides sufficient detail to the board to verify
 6 the accuracy of the total surcharges payable and collected by the
 7 reseller.  The board, in its discretion, may order an audit of
 8 the reseller's records or require the reseller to submit an
 9 audited report which reconciles the total surcharges billed to
10 and collected from a reseller's customers and remitted to the
11 board.
12      (c)  The board shall select a third party to audit the fund
13 every two years to determine whether the fund is being managed in
14 accordance with this chapter.  The board may utilize the audit to
15 determine whether the amount of the surcharge assessed on each
16 commercial mobile radio service connection is required to be
17 adjusted.  The costs of the audit shall be an administrative cost
18 of the board recoverable from the fund.
19         -7 Proprietary information.(a)  All proprietary
20 information submitted to the board shall be retained in
21 confidence.  Proprietary information submitted pursuant to this
22 chapter shall not be subject to disclosure under chapter 92F, or
23 released to any person other than to the submitting provider, the

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 1 board, or any independent, third-party accounting firm retained
 2 by the board, without the express permission of the submitting
 3 provider.  General information collected by the board shall be
 4 released or published only in aggregate amounts that do not
 5 identify or allow identification of numbers of subscribers or
 6 revenues attributable to an individual provider.
 7      (b)  The board and any third parties it may retain must take
 8 appropriate measures to maintain the confidentiality of the
 9 proprietary information which may be submitted by a provider.
10 Recognizing that providers require their proprietary information
11 to be held in confidence, the board shall adopt reasonable
12 procedures to prevent disclosure or access of the proprietary
13 information to the public and competitors, including members of
14 the board representing the providers.  Members of the board may
15 not disclose the information to any third parties, including
16 their employers, without the written consent of the provider
17 whose proprietary information is to be disclosed.
18         -8 Limitation of liability.(a)  Notwithstanding any
19 law to the contrary, in no event shall any provider, or its
20 employees, directors, officers, assigns, or agents, except in
21 cases of gross negligence or wanton and wilful misconduct, be
22 liable for any civil damages or criminal liability resulting from
23 death or injury to a person or from damage to property incurred

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 1 by any person in connection with any act or omission in
 2 developing, designing, adopting, establishing, installing,
 3 participating in, implementing, maintaining, or providing access
 4 to phase I or phase II wireless enhanced 911 service in
 5 compliance with the wireless enhanced 911 requirements
 6 established by the Federal Communications Commission, or any
 7 other wireless service intended to help persons obtain emergency
 8 assistance.  In addition, no provider or its employees,
 9 directors, officers, assigns, or agents shall be liable for civil
10 damages or criminal liability in connection with the release of
11 customer information to any governmental entity, including any
12 public safety answering point, as required under this chapter.
13      (b)  In no event shall any public safety answering point, or
14 its employees, assigns, or agents, except in cases of gross
15 negligence, wanton and wilful misconduct, or bad faith, be liable
16 for any civil damages or criminal liability resulting from death
17 or injury to the person or from damage to property incurred by
18 any person in connection with any act or omission in the
19 development, installation, maintenance, operation, or provision
20 of phase I or phase II wireless enhanced 911 service.
21         -9 Database or location information.(a)  Any
22 commercial mobile radio service location information obtained by
23 any public safety answering point or public service agency or its

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 1 personnel for public safety purposes is not a government record
 2 open to disclosure under chapter 92F.
 3      (b)  A person may not disclose or use, for any purpose other
 4 than the wireless enhanced 911 calling system, information
 5 contained in the database of the provider's network portion of
 6 the wireless enhanced 911 calling system established pursuant to
 7 this section without the prior written consent of the provider.
 8         -10  Dispute resolution.(a)  Any provider or public
 9 safety answering point aggrieved by a decision of the board shall
10 have the right to petition the board for reconsideration within
11 ten days following the rendering of the board's decision.  As
12 part of its petition for reconsideration, the aggrieved party may
13 present any reasonable evidence or information for the board to
14 consider.  The board shall render its decision on the
15 reconsideration petition as soon as reasonably possible, but no
16 later than thirty days after the reconsideration request is made.
17      (b)  An aggrieved party, following the completion of the
18 reconsideration petition process, upon agreement of the other
19 party, may have the dispute resolved through mandatory
20 arbitration by a single arbitrator in accordance with the
21 Wireless Industry Arbitration Rules of the American Arbitration
22 Association.  The costs of the arbitration, including the fees
23 and expenses of the arbitrator, shall be borne by the non-

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 1 prevailing party of any arbitration proceeding.  The arbitrator's
 2 decision shall be final and binding and may be confirmed and
 3 enforced in any court of competent jurisdiction.
 4      (c)  Nothing in this section shall preclude any provider or
 5 public safety answering point from pursuing any existing right or
 6 remedy to which it is entitled in any court having jurisdiction
 7 thereof.
 8         -11  Miscellaneous.  A provider shall not be required to
 9 provide wireless enhanced 911 service unless and until the
10 provider and the public safety answering point providing wireless
11 enhanced 911 service in the county or counties in which the
12 provider is licensed to provide commercial mobile radio service
13 has entered into a written agreement setting forth the basic
14 terms of service to be provided."
15      SECTION 3. Section 321-224, Hawaii Revised Statutes, is
16 amended to read as follows:      
17      "321-224  Department of health, functions, duties.  In
18 addition to other functions and duties assigned under this part,
19 the department shall:
20      (1)  Regulate ambulances and ambulance services;
21      (2)  Establish emergency medical services throughout the
22           State, which shall meet the requirements of this part,
23           subject to section 321-228;

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 1      (3)  Consult and coordinate with the University of Hawaii,
 2           or any other accredited community college, college, or
 3           university, or any professional organization that
 4           provides emergency medical services training, regarding
 5           the training for basic life support personnel and
 6           advanced life support personnel, as provided in section
 7           321-229;
 8      (4)  Collect and evaluate data for the continued evaluation
 9           of the state system subject to section 321-230;
10      (5)  Coordinate emergency medical resources and the
11           allocation of the state system's services and
12           facilities in the event of mass casualties, natural
13           disasters, national emergencies, and other emergencies,
14           ensuring linkage to local, state, and national disaster
15           plans, and participation in exercises to test these
16           plans;
17      (6)  Establish, administer, and maintain a communication
18           system for the state system;
19      (7)  Assist each county in the development and upgrade of
20           [a] an enhanced "911" emergency telephone system[;]
21           which is capable of receiving and processing incoming
22           wireless telephone calls in addition to landline
23           telephone calls;

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 1      (8)  Secure technical assistance and other assistance and
 2           consultation necessary for the implementation of this
 3           part, subject to section 321-230;
 4      (9)  Implement public information and education programs to
 5           inform the public of the state system and its use, and
 6           disseminate other emergency medical information,
 7           including appropriate methods of medical self-help [and
 8           first-aid,] and the availability of first-aid training
 9           programs in the State;
10     (10)  Establish standards and provide training for
11           dispatchers in the state system, and maintain a program
12           of quality assurance for dispatch equipment and
13           operations;
14     (11)  Establish a program that will enable emergency
15           [service] medical services personnel to provide early
16           defibrillation;
17     (12)  Establish within the department the emergency medical
18           service system for children;
19     (13)  Consult with the advisory committee on matters relating
20           to the implementation of this part; and
21     (14)  Establish and maintain standards for emergency medical
22           services course instructor qualifications and
23           requirements for emergency medical services training

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                                     S.B. NO.           S.D. 1

 1           facilities."
 2      SECTION 4.  Statutory material to be repealed is bracketed.
 3 New statutory material is underscored.
 4      SECTION 5.  This Act shall take effect upon its approval.