Bill Text: MN HF2585 | 2011-2012 | 87th Legislature | Introduced

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Bill Title: Statewide Radio Board authority expanded and updated to include the latest emergency communication technologies, Statewide Radio Board authorized to elect to become a statewide emergency communication board, tribal governments included in regional radio board structure, and comprehensive authority provided under board to address all emergency communications.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-03-14 - Committee report, to pass and re-refer to Commerce and Regulatory Reform [HF2585 Detail]

Download: Minnesota-2011-HF2585-Introduced.html

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A bill for an act

relating to public safety; expanding and updating the authority of the Statewide
Radio Board to include the latest emergency communication technologies;
authorizing the Statewide Radio Board to elect to become a statewide emergency
communication board; including tribal governments in regional radio board
structure; providing comprehensive authority under board to address all
emergency communications; providing for rulemaking;amending Minnesota
Statutes 2010, sections 403.02; 403.025; 403.03; 403.05; 403.06; 403.07; 403.08;
403.09, subdivision 2; 403.10; 403.11; 403.113; 403.15; 403.21, subdivisions
2, 13, by adding a subdivision; 403.37, subdivision 1; 403.38; 403.39; 403.40,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 403;
repealing Minnesota Statutes 2010, sections 403.21, subdivision 6; 403.33.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 403.02, is amended to read:
403.02 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this
section have the meanings given them.
    Subd. 7. Automatic location identification or ALI. "Automatic location
identification" or "ALI" means the automated process of electronically identifying and
displaying the name of the subscriber and the location, where available, of the subscriber's
identifying information, information related to the caller's location, and the calling
telephone number or equivalent to a person answering a 911 request for emergency call
assistance (RFEA).
    Subd. 9a. Callback number. "Callback number" means a number used by the
public safety answering point (PSAP) to recontact the location from which the 911 call or
RFEA was placed.
    Subd. 9b. RFEA. "RFEA" means request for emergency assistance, a generic term
used to include any type of request for emergency assistance established by signaling with
two-way real-time media, and involves a human making a request for help. The term is
used interchangeably with "911 call," and can also be used to refer to either "voice call,"
"video call," "text call," or "data only call" since they are handled the same way through
most of the Next Generation 911 (NG911).
    Subd. 9c. Caller. "Caller" means the person or entity placing an RFEA.
    Subd. 10. Commissioner. "Commissioner" means the commissioner of public
safety.
    Subd. 11a. Emergency location identification number. "Emergency location
identification number" means a valid North American numbering plan format telephone
number, assigned to the multiline telephone system operator by the appropriate authority,
that is used to route the call RFEA to a public safety answering point PSAP and is used to
retrieve the automatic location identification for the public safety answering point.
    Subd. 11b. Emergency response location. "Emergency response location" means
a location to which a 911 emergency response team may be dispatched. The location
must be specific enough to provide a reasonable opportunity for the emergency response
team to locate a caller anywhere within it.
    Subd. 13. Enhanced 911 service or E911. "Enhanced 911 service" or "E911"
means the use of automatic location identification or local location identification as part of
local 911 service provided by an enhanced 911 system service consisting of a common
911 network and database and customer data and network components connecting to
the common 911 network and database.
    Subd. 14. Governmental agency. "Governmental agency" means any unit of local
government or special purpose district located in whole or in part within this state that
provides or has authority to provide firefighting, police, ambulance, medical, or other
emergency services.
    Subd. 15. Local location identification. "Local location identification" means the
process of locating the origin of calls to a 911 system by means of a periodically updated
database located and maintained at the public safety answering point.
    Subd. 16. Metropolitan area. "Metropolitan area" means the counties of Anoka,
Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, and Washington and the city of
Minneapolis.
    Subd. 16a. Multiline telephone system. "Multiline telephone system" means
a private telephone system comprised of common control units, telephones, and control
hardware and software that share a common interface to the public switched telephone
network, are capable of placing an RFEA, or both. This definition includes network and
premises-based systems and systems owned or leased by governmental agencies and
nonprofit entities, as well as for-profit businesses.
    Subd. 17. 911 service. (a) "911 service" means a telecommunications service
that automatically connects a person dialing the digits 911 to an established public
safety answering point. all or parts of a service providing the capability to connect a
communications path from an origination service provider originating network carrying an
RFEA, such as a person dialing the digits 911 or an automobile onboard computer sending
an agree request message, to the appropriate PSAP. The entity or entities must also provide:
(1) a method of interconnection of all origination service providers that carry an
RFEA including but not limited to the wire-line, wireless, and VoIP carriers;
(2) a method and mechanism for routing an RFEA (911 call) to the PSAP with no
degradation in service regardless of the technology used to originate the call; and
(3) a method to provide accurate location information for an emergency caller to a
PSAP and, if required, to other emergency response agencies.
(b) 911 service includes:
(1) customer data and network components connecting to the common 911 network
and database;
(2) common 911 network and database equipment, as appropriate, for automatically
selectively the selective routing 911 calls of RFEA's to the public safety answering point
serving the caller's jurisdiction PSAP; and
(3) provision of automatic location identification ALI if the public safety answering
point PSAP has the capability of providing that service.
    Subd. 17a. 911 emergency telecommunications service provider. "911 emergency
telecommunications service provider" means a telecommunications service provider or
other an entity or entities, determined by the commissioner to be capable of providing
effective and efficient components of the 911 system, that provides all or portions of the
network and database for automatically selectively routing 911 calls to the public safety
answering point serving the caller's jurisdiction a portion of 911 service.
    Subd. 18. Public safety agency. "Public safety agency" means a functional division
of a public agency which provides firefighting, police, medical, or other emergency
services, or a private entity which provides emergency medical or ambulance services
any unit of local government, or entity acting officially on behalf of a unit of government,
or special purpose district, or entity formed under a joint powers agreement located in
whole or in part within this state that provides or has authority to provide firefighting,
police, ambulance, medical, or other emergency services whose purpose is to protect
life, property, and safety.
    Subd. 19. Public safety answering point or PSAP. "Public safety answering point"
or "PSAP" means a public safety answering point" means a communications facility
operated on a 24-hour basis which first receives 911 calls from persons in a 911 service
area and which may, as appropriate, directly dispatch public safety services or extend,
transfer, or relay 911 calls to appropriate public safety agencies, a group of call takers
authorized by a governing body and operating under common management who receive
RFEA or 911 calls and asynchronous event notifications for a defined geographic area and
processes those calls and events according to a specified operational policy.
    Subd. 19a. Secondary public safety answering point or secondary PSAP.
"Secondary public safety answering point" or "secondary PSAP" means a communications
facility that: (1) is operated on a 24-hour basis, in which a minimum of three public safety
answering points (PSAP's) route calls for postdispatch or prearrival instructions; (2)
receives calls directly from medical facilities to reduce call volume at the PSAP's; and
(3) is able to receive 911 calls routed to it from a PSAP when the PSAP is unable to
receive or answer 911 calls.
    Subd. 19b. Shared residential multiline telephone system service. "Shared
residential multiline telephone service" means the use of a multiline telephone system to
provide service to residential facilities. For purposes of this subdivision, "residential
facilities" means both single-family and multifamily facilities including extended care
facilities and dormitories.
    Subd. 20. Wire-line telecommunications service provider. "Wire-line
telecommunications service provider" means a person, firm, association, corporation, or
other legal entity, however organized, or combination of them, authorized by state or
federal regulatory agencies to furnish telecommunications service, including local service,
over wire-line facilities.
    Subd. 21. Wireless telecommunications service provider. "Wireless
telecommunications service provider" means a provider of commercial mobile radio
services, as that term is defined in United States Code, title 47, section 332, subsection
(d), including all broadband personal communications services, wireless radio telephone
services, geographic area specialized and enhanced specialized mobile radio services, and
incumbent wide area specialized mobile radio licensees, that offers real-time, two-way
voice service interconnected with the public switched telephone network and that is doing
business in the state of Minnesota.
    Subd. 27. OSI. "OSI" means open systems interconnection model for
interconnection, per ITU-T Recommendation X.200.
    Subd. 28. AIP. "AIP" means the entity providing physical communications access
to the subscriber. This service includes physical and data link (OSI layer 1 and 2) network
connectivity provided to its customers or users through digital subscriber lines, cable
television plants, Ethernet, leased lines, or radio frequencies.
    Subd. 29. ASP. "ASP" means the organizational entity that provides services over
the presentation, session, and application-layers (OSI layers 5, 6, and 7) which might
include voice services, but may alternatively provide other data services, such as text and
video. This entity can be a private enterprise, a government entity, or a commercial service
provider. This entity, if operating as an over-the-top service, interfaces directly with the
customer, and often without visibility to or from the ISP and AIP.
    Subd. 30. ISP. "ISP" means an organizational entity that facilitates the transmission
of data within the network and transport layers (OSI layers 3 and 4) through routing
and addressing.
    Subd. 31. Origination service. "Origination service" means any or all of the
services of the AIP, ASP, and ISP that are capable of originating service.
    Subd. 32. Origination service provider. "Origination service provider" means an
organization that provides a service that enables the origination of an RFEA, provided as
discrete services, such as those provided individually as an AIP, ASP, and ISP, or a more
expansive service made up of a combination of these services. These include, but are not
limited to, wireline, wireless, VoIP, and packet-based communications.
    Subd. 33. Origination network. "Origination network" means a logical network
which originates an RFEA, transports an RFEA, or both to a termination network. An
origination network is typically referred to as comprised of an access network, application
service network, or both.
    Subd. 34. Termination network. "Termination network" means a logical network
which terminates or receives an RFEA from an origination network. The public safety
network, such as NENA i3/NG9-1-1 ESInet, which receives incoming RFEA's in order
to dispatch help is an instance of a termination network.
    Subd. 35. Emergency services IP network or ESInet. "Emergency services
IP network" or "ESInet" is a managed IP network that is used for emergency services
communications, and which can be shared by all public safety agencies. It provides
the IP transport infrastructure upon which independent application platforms and core
functional processes can be deployed, including, but not limited to, those necessary for
providing NG911 services. ESInets may be constructed from a mix of dedicated and
shared facilities. ESInets may be interconnected at local, regional, state, federal, national,
and international levels to form an IP-based inter-network.
    Subd. 36. Master street address guide or MSAG. "Master street address guide" or
"MSAG" is a database of street names and house number ranges within their associated
communities defining emergency service zones (ESZ) and their associated emergency
service numbers (ESN) to enable proper routing of 911 calls.
    Subd. 37. National Emergency Number Association or NENA. "National
emergency number association" or "NENA" is a not-for-profit corporation established in
1982 to further the goal of "one nation-one number." NENA is a networking source and
promotes research, planning, and training. NENA strives to educate, set standards, and
provide certification programs, legislative representation, and technical assistance for
implementing and managing 911 systems.
    Subd. 38. Next Generation 911 or NG911. "Next Generation 911" or "NG911"
is an IP-based system comprised of managed IP-based network, functional elements
such as applications, and databases that replicate traditional E911 features and functions
and provide additional capabilities. NG911 is designed to provide access to emergency
services from all connected communications sources and provide multimedia data
capabilities for PSAP's and other emergency service organizations.

    Sec. 2. Minnesota Statutes 2010, section 403.025, is amended to read:
403.025 911 EMERGENCY TELECOMMUNICATIONS SYSTEM SERVICE
REQUIRED.
    Subdivision 1. General requirement. Each county shall operate and maintain a
911 emergency telecommunications system is responsible for ensuring that 911 service is
provided within their jurisdiction.
    Subd. 1a. Emergency telephone number 911. The digits 911, so designated by the
Federal Communications Commission, must be the primary emergency telephone number
within the system. A public safety agency authorized to operate a PSAP may maintain
a separate secondary backup number for emergency calls and shall maintain a separate
number for nonemergency telephone calls.
    Subd. 1b. Nondialing methods. Nondialing methods of accessing 911 service, such
as smart device application, must be approved by the commissioner.
    Subd. 2. Multijurisdictional system. The 911 systems service may be
multijurisdictional and regional in character provided that design and implementation are
preceded by cooperative planning on a county-by-county basis with local public safety
agencies.
    Subd. 3. Connected telecommunications service provider requirements.
Every owner and operator of a wire-line or, wireless circuit switched, or packet-based
telecommunications system origination service network provider that allows their
subscribers to make an RFEA and is connected to the public switched telephone network
shall design and maintain the system to dial the 911 number without charge to the caller.
    Subd. 4. Wireless requirements. Every owner and operator of a wireless
telecommunications system shall design and maintain the system to dial the 911 number
without charge to the caller.
    Subd. 5. Pay phone requirements. Every pay phone owner and operator shall
permit dialing of the 911 number without coin and without charge to the caller.
    Subd. 6. Multistation or PBX system. Every owner and operator of a multistation
or private branch exchange (PBX) multiline telephone system shall design and maintain
the system to dial the 911 number without charge to the caller.
    Subd. 7. Contractual requirements. (a) The state shall contract with the county
or other governmental public safety agencies operating public safety answering points
PSAP's and with the appropriate wire-line telecommunications service providers or
other entities determined by the commissioner to be capable of providing effective and
efficient components of the 911 system for the operation, maintenance, enhancement, and
expansion of the 911 system 911 service providers.
(b) The state shall contract with the appropriate wireless telecommunications service
providers for maintaining, enhancing, and expanding the 911 system.
(c) The (b) Contract language or subsequent amendments to the contract must
include a description of the services to be furnished to the county or other governmental
public safety agencies operating public safety answering points PSAP's. The contract
language or subsequent amendments must include the terms of compensation based on
the effective tariff or price list filed with the Public Utilities Commission or the prices
agreed to by the parties.
(d) (c) The contract language or subsequent amendments to contracts between the
parties must contain a provision for resolving disputes.

    Sec. 3. Minnesota Statutes 2010, section 403.03, is amended to read:
403.03 911 SERVICES TO BE PROVIDED.
Services available through a 911 system County 911 service must include access to
police, firefighting, and emergency medical and ambulance services. Other emergency and
civil defense services may be incorporated into the 911 system service at the discretion
of the public safety agency operating the public safety answering point PSAP. The 911
system service may include a referral to mental health crisis teams, where available.

    Sec. 4. Minnesota Statutes 2010, section 403.05, is amended to read:
403.05 911 SYSTEM SERVICE OPERATION AND MAINTENANCE.
    Subdivision 1. Operate and maintain. Each county or any other governmental
Any public safety agency authorized to operate a PSAP shall operate and maintain its 911
system service to meet the requirements of governmental agencies whose services are
available through the 911 system service and to permit future expansion or enhancement
of the system service. Each county or any other governmental agency shall ensure that a
911 emergency call made with a wireless access device is automatically connected to and
answered by the appropriate public safety answering point.
    Subd. 2. Rule requirements for 911 system service plans. Each county or any
other governmental agency shall maintain and update its 911 system service plans as
required under Minnesota Rules, chapter 1215 7580.
    Subd. 3. Agreements for service. Each county or any other governmental
Any public safety agency authorized to operate a PSAP shall contract with the state
for the recurring and nonrecurring costs associated with operating and maintaining
911 emergency communications systems service. If requested by the county or other
governmental public safety agency, the county or public safety agency is entitled to be
a party to any contract between the state and any wire-line telecommunications service
provider or 911 emergency telecommunications service provider providing components of
the 911 system within the county 911 service provider providing 911 service within the
county's or public safety agency's jurisdiction.

    Sec. 5. Minnesota Statutes 2010, section 403.06, is amended to read:
403.06 COMMISSIONER'S DUTIES.
    Subdivision 1. System coordination, improvements, variations, and agreements.
The commissioner shall coordinate the maintenance of 911 systems services. The
commissioner shall aid counties and public safety agencies in the formulation of
concepts, methods, and procedures which will improve the operation and maintenance
of 911 systems services. The commissioner shall establish procedures for determining
and evaluating requests for variations from the established design standards. The
commissioner shall respond to requests by wireless or wire-line telecommunications 911
service providers or by counties or other governmental public safety agencies for system
service agreements, contracts, and tariff language promptly and no later than within 45
days of the request unless otherwise mutually agreed to by the parties.
    Subd. 1a. Biennial budget; annual financial report. The commissioner shall
prepare a biennial budget for maintaining the 911 system service. By December 15 of each
year, the commissioner shall submit a report to the legislature detailing the expenditures
for maintaining the 911 system service, the 911 fees collected, the balance of the 911 fund,
and the 911-related administrative expenses of the commissioner. The commissioner
is authorized to expend money that has been appropriated to pay for the maintenance,
enhancements, and expansion of the 911 system service.
    Subd. 2. Waiver. Any county, other governmental agency, wireless
telecommunications or origination service provider, or wire-line telecommunications
service provider may petition the commissioner for a waiver of all or portions of the
requirements. A waiver may be granted upon a demonstration by the petitioner that the
requirement is economically infeasible.

    Sec. 6. Minnesota Statutes 2010, section 403.07, is amended to read:
403.07 STANDARDS ESTABLISHED; DATA PRIVACY.
    Subdivision 1. Rules. The commissioner shall establish and adopt in accordance
with chapter 14, rules for the administration of this chapter and for the development of
911 systems services in the state including:
(1) minimum design standards for 911 systems incorporating the standards adopted
pursuant to subdivision 2 for the seven-county metropolitan area services; and
(2) a procedure for determining and evaluating requests for variations from the
established design standards.
    Subd. 2. Design standards for metropolitan area. The Metropolitan 911 Board
shall establish and adopt design standards for the metropolitan area 911 system and
transmit them to the commissioner for incorporation into the rules adopted pursuant to
this section.
    Subd. 3. Database. In 911 systems services that have been approved by the
commissioner for a local which include a location identification database, each wire-line
telecommunications origination service provider shall provide current subscriber
information including but not limited to the customer names, service addresses, and name
or names; service address; telephone numbers to each public safety answering point within
the 911 system number; device location; sufficient, as determined by the commissioner, to
determine the location of the caller, to the 911 system and shall update the information
according to a schedule prescribed by the county 911 plan commissioner. Information
provided under this subdivision must be provided in accordance with the transactional
record disclosure requirements of the Federal Communications Act of 1932, United States
Code, title 47, section 222, subsection (g).
    Subd. 4. Use of furnished subscriber information. (a) Names, addresses, and
telephone numbers Subscriber information provided to a 911 system under subdivision 3
are service is private data and may be used only:
(1) to identify the location or identity, or both, of a person calling a 911 public safety
answering point respond to an RFEA; or
(2) by a public safety answering point PSAP to notify the public of an emergency.
The subscriber information furnished under subdivision 3 may not be used or disclosed by
911 system public safety agencies, their agents, or their employees for any other purpose
except under a court order.
    (b) For purposes of this subdivision, "emergency" means a situation in which
property or human life is in jeopardy and the prompt notification of the public by the
public safety answering point PSAP is essential.
    Subd. 5. Liability. (a) A wire-line telecommunications An origination service
provider or 911 service provider, its employees, or its agents are not liable to any person
who uses enhanced 911 telecommunications service for release of subscriber information
required under this chapter to any public safety answering point PSAP.
    (b) A wire-line telecommunications An origination service provider or 911
service provider is not liable to any person for the good faith release to emergency
communications personnel of information not in the public record, including, but not
limited to, nonpublished or nonlisted telephone numbers.
    (c) A wire-line telecommunications An origination service provider or 911 service
provider, its employees, or its agents are not liable to any person for civil damages
resulting from or caused by any act or omission in the development, design, installation,
operation, maintenance, performance, or provision of enhanced 911 telecommunications
service, except for willful or wanton misconduct.
    (d) A multiline telephone system manufacturer, provider, or operator is not liable
for any civil damages or penalties as a result of any act or omission, except willful or
wanton misconduct, in connection with developing, designing, installing, maintaining,
performing, provisioning, adopting, operating, or implementing any plan or system
required by section 403.15.
    (e) A telecommunications Any origination service provider or 911 service provider
that participates in or cooperates with the public safety answering point PSAP in notifying
the public of an emergency, as authorized under subdivision 4, is immune from liability
arising out of the notification except for willful or wanton misconduct.

    Sec. 7. Minnesota Statutes 2010, section 403.08, is amended to read:
403.08 WIRELESS TELECOMMUNICATIONS ORIGINATION SERVICE
PROVIDER PROVIDERS; RESPONSIBILITIES.
    Subd. 6a. Application. This section applies to all origination service providers
that offer service within the state that provide for a customer to send an RFEA to the
911 system.
    Subd. 7. Duties. Each wireless telecommunications origination service provider
offering service within the state shall cooperate in planning and implementing
integration with enhanced the 911 systems services operating in their service
territories to meet federal 911 standards, including the Federal Communications
Commission-enhanced Commission, as well as the commissioner's 911 standards. Each
wireless telecommunications origination service provider shall annually develop and
provide to the commissioner good faith estimates of installation and recurring expenses
to integrate wireless 911 service into the enhanced 911 networks to meet Federal
Communications Commission phase one wireless enhanced 911 standards that provider's
number of customers whose billing address is within the state to meet the current FCC
requirements. The commissioner shall coordinate with counties and affected public
safety agency representatives of public safety agencies authorized to operate a PSAP in
developing a statewide design and plan for implementation.
    Subd. 9. Scope. Planning considerations must include cost, degree of A plan for
integration into existing 911 systems, services must meet the retention of existing 911
infrastructure, commissioner's minimum design standards and be reviewed and approved
by the commissioner prior to operating within the potential implications of phase 2 of
state. Any proposed changes to the Federal Communications Commission wireless
enhanced 911 standards integration must be reviewed and approved by the commissioner.
    Subd. 10. Plan integration. Counties Public safety agencies authorized to operate
a PSAP shall incorporate the statewide design when modifying county 911 plans to
provide for integrating wireless new 911 service services into existing county 911 systems
services. The commissioner shall contract with the involved wireless service providers
and 911 emergency telecommunications service providers to integrate cellular and other
wireless services into existing 911 systems where feasible.
    Subd. 11. Liability. (a) No wireless enhanced 911 emergency telecommunications
origination service provider, its employees, or its agents are liable to any person for civil
damages resulting from or caused by any act or omission in the development, design,
installation, operation, maintenance, performance, or provision of enhanced 911 wireless
service, except for willful or wanton misconduct.
(b) No wireless carrier, its employees, or its agents are liable to any person who uses
enhanced 911 wireless service for release of subscriber information required under this
chapter to any public safety answering point.
    Subd. 12. Notification of subscriber mobile subscribers. A provider of wireless
telecommunications services An origination service provider who provides mobile service
shall notify its subscribers at the time of initial subscription and four times per year
thereafter that a 911 emergency call made from a wireless telephone mobile device is not
always answered by a local public safety answering point PSAP but may be routed to a
State Patrol dispatcher an alternate PSAP and that, accordingly, the caller must provide
specific information regarding the caller's location when placing an RFEA.

    Sec. 8. Minnesota Statutes 2010, section 403.09, subdivision 2, is amended to read:
    Subd. 2. Commission authority. At the request of the public utilities commission,
the attorney general may commence proceedings before the district court pursuant to
section 237.27, against any wire-line telecommunications origination service provider or
911 service provider that refuses to comply with this chapter.

    Sec. 9. Minnesota Statutes 2010, section 403.10, is amended to read:
403.10 COOPERATIVE AGREEMENT.
    Subdivision 1. Authority. All public safety agencies and counties that are part
of different 911 systems but share common boundary lines may enter into cooperative
agreements to provide that once an emergency unit is dispatched in response to a request
through the system, the unit shall render its services to the requesting party without regard
to jurisdictional boundaries.
    Subd. 2. Notice to public safety agency. Public safety agencies with jurisdictional
responsibilities shall in all cases be notified by the public safety answering point PSAP of
a request for service in their jurisdiction.
    Subd. 3. Allocating costs. Counties, public safety agencies, operating public safety
answering points PSAP's, and other local governmental units may enter into cooperative
agreements under section 471.59 for the allocation of operational and capital costs
attributable to the 911 system service.

    Sec. 10. Minnesota Statutes 2010, section 403.11, is amended to read:
403.11 911 SYSTEM SERVICE COST ACCOUNTING REQUIREMENTS;
FEE.
    Subdivision 1. Emergency telecommunications service fee; account. (a) Each
customer of a wireless or wire-line switched or packet-based telecommunications an
origination service provider connected to the public switched telephone network that
furnishes a service, product, device, or licensed application interconnected with the
public switched telephone network capable of originating a 911 emergency telephone call
an RFEA which, under normal routing conditions, would terminate in a PSAP within
the state of Minnesota is assessed a fee based upon the number of subscribers wired
or wireless telephone lines, wireless, VoIP, or their equivalent, to cover the costs of
ongoing maintenance and related improvements for trunking and central office switching
equipment for 911 emergency telecommunications service, with a billing address within
the state, to cover the cost of the 911 system; to offset administrative and staffing costs of
the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in this section and section 403.113, and to
offset the costs, including administrative and staffing costs, incurred by the State Patrol
Division of the Department of Public Safety in handling 911 emergency calls made from
wireless phones.
    (b) Money remaining in the 911 emergency telecommunications service fee account
after all other obligations are paid must not cancel and is carried forward to subsequent
years and may be appropriated from time to time to the commissioner to provide financial
assistance for the improvement of public safety communications and to counties for the
improvement of local emergency telecommunications services. The improvements may
include providing access to 911 service for telecommunications service subscribers
currently without access and upgrading existing 911 service to include automatic number
identification, local location identification, automatic location identification, and other
improvements specified in revised county 911 plans approved by the commissioner only
for the purposes provided for 911 services in this chapter.
    (c) The fee may not be less than eight cents nor more than 65 cents a per month until
June 30, 2008, not less than eight cents nor more than 75 cents a per month until June
30, 2009, not less than eight cents nor more than 85 cents a per month until June 30,
2010, and not less than eight cents nor more than 95 cents a per month on or after July
1, 2010, for each customer access line or other basic access service capable of placing
an RFEA, including trunk equivalents as designated by the Public Utilities Commission
for access charge purposes and including wireless telecommunications services. The
fee must be the same for all callers capable of making an RFEA. With the approval of
the commissioner of management and budget, the commissioner of public safety shall
establish the amount of the fee within the limits specified and inform the companies and
carriers of the amount to be collected. When the revenue bonds authorized under section
403.27, subdivision 1 , have been fully paid or defeased, the commissioner shall reduce
the fee to reflect that debt service on the bonds is no longer needed. The commissioner
shall provide companies and carriers a minimum of 45 days' notice of each fee change.
The fee must be the same for all customers.
    (d) The fee must be collected by each wireless or wire-line telecommunications
origination service provider whose customers are capable of making an RFEA and are
subject to the fee. Fees are payable to and must be submitted to the commissioner monthly
before the 25th of each month following the month of collection, except that fees may
be submitted quarterly if less than $250 a per month is due, or annually if less than $25
a per month is due. Receipts must be deposited in the state treasury and credited to a
911 emergency telecommunications service fee account in the special revenue fund.
The money in the account may only be used for 911 telecommunications services as
outlined in this chapter.
    (e) This subdivision does not apply to customers of interexchange carriers.
    (f) The installation and recurring charges for integrating wireless 911 calls into
enhanced 911 systems are eligible for payment by the commissioner if the 911 service
provider is included in the statewide design plan and the charges are made pursuant to
contract.
    (g) (e) Competitive local exchanges carriers holding certificates of authority from
the Public Utilities Commission are eligible to receive payment for recurring 911 services
as negotiated within contract.
    Subd. 1a. Fee collection declaration. If the commissioner disputes the accuracy
of a fee submission or if no fees are submitted by a wireless, wire-line, or packet-based
telecommunications an origination service provider, the wireless, wire-line, or
packet-based telecommunications service provider shall submit a sworn declaration signed
by an officer of the company certifying, under penalty of perjury, that the information
provided with the fee submission is true and correct. The sworn declaration must
specifically describe and affirm that the 911 fee computation is complete and accurate.
When a wireless, wire-line, or packet-based telecommunications an origination service
provider fails to provide a sworn declaration within 90 days of notice by the commissioner
that the fee submission is disputed, the commissioner may estimate the amount due from
the wireless, wire-line, or packet-based telecommunications origination service provider
and refer that amount for collection under section 16D.04.
    Subd. 1b. Examination of fees. If the commissioner determines that an examination
is necessary to document the fee submission and sworn declaration in subdivision 1a, the
wireless, wire-line, or packet-based telecommunications origination service provider must
contract with an independent certified public accountant to conduct an examination of
fees. The examination must be conducted in accordance with attestation audit standards.
    Subd. 3. Method of payment. (a) Any wireless or wire-line telecommunications
911 service provider incurring reimbursable costs under subdivision 1 contract with the
commissioner shall submit an invoice itemizing rate elements by state, region, county, or
service area to the commissioner for 911 services furnished under contract. Any wireless
or wire-line telecommunications 911 service provider is eligible to receive payment for
911 services rendered according to the terms and conditions specified in the contract. The
commissioner shall pay the invoice within 30 days following receipt of the invoice unless
the commissioner notifies the service provider that the commissioner disputes the invoice.
(b) The commissioner shall estimate the amount required to reimburse
911 emergency telecommunications service providers and wireless and wire-line
telecommunications service providers for the state's obligations under subdivision 1
contract and the governor shall include the estimated amount in the biennial budget
request.
    Subd. 3a. Timely invoices. An invoice for services provided for in the 911 contract
with a wireless or wire-line telecommunications service provider must be submitted to
the commissioner no later than 90 days after commencing a new or additional eligible
911 service. Each applicable contract must provide that, if certified expenses under the
contract deviate from estimates in the contract by more than ten percent, the commissioner
may reduce the level of service without incurring any termination fees.
    Subd. 3b. Declaration. If the commissioner disputes an invoice, the wireless
and wire-line telecommunications service providers shall submit a declaration under
section 16A.41 signed by an officer of the company with the invoices for payment of
service described in the service provider's 911 contract. The sworn declaration must
specifically describe and affirm that the 911 service contracted for is being provided
and the costs invoiced for the service are true and correct. When a wireless or wire-line
telecommunications service provider fails to provide a sworn declaration within 90
days of notice by the commissioner that the invoice is disputed, the disputed amount of
the invoice must be disallowed.
    Subd. 3c. Audit. If the commissioner determines that an audit is necessary to
document the invoice and sworn declaration in subdivision 3b, the wireless or wire-line
telecommunications service provider must contract with an independent certified public
accountant to conduct the audit. The audit must be conducted according to generally
accepted accounting principles. The wireless or wire-line telecommunications service
provider is responsible for any costs associated with the audit.
    Subd. 4. Local recurring costs. Recurring costs of telecommunications equipment
and services at public safety answering points PSAP's must be borne by the local
governmental public safety agency operating the public safety answering point authorized
to operate the PSAP or allocated pursuant to section 403.10, subdivision 3. Costs
attributable to local government electives for services not otherwise addressed under
section 403.11 or 403.113 must be borne by the governmental public safety agency
requesting the elective service.
    Subd. 5. Tariff notification. Wire-line telecommunications service providers or
wireless telecommunications Origination service providers and 911 service providers
holding eligible telecommunications carrier status shall give notice to the commissioner
and any other affected governmental public safety agency authorized to operate a PSAP of
tariff or price list changes related to 911 service at the same time that the filing is made
with the public utilities commission.

    Sec. 11. Minnesota Statutes 2010, section 403.113, is amended to read:
403.113 ENHANCED 911 SERVICE COSTS; FEE.
    Subdivision 1. Fee. A portion of the fee collected under section 403.11 must be
used to fund implementation, operation, maintenance, enhancement, and expansion of
enhanced 911 service, including acquisition of necessary equipment and the costs of the
commissioner to administer the program.
    Subd. 2. Distribution of money. (a) After payment of the costs of the commissioner
to administer the program, the commissioner shall distribute the money collected under
this section as follows:
(1) one-half of the amount equally to all qualified counties, and after October 1, 1997,
to all qualified counties, existing ten public safety answering points PSAP's operated by
the Minnesota State Patrol, and each governmental entity operating the individual public
safety answering points PSAP's serving the Metropolitan Airports Commission, the Red
Lake Indian Nation Reservation, and the University of Minnesota Police Department; and
(2) the remaining one-half to qualified counties and cities with existing 911 systems
services based on each county's or city's percentage of the total population of qualified
counties and cities. The population of a qualified city with an existing system must be
deducted from its county's population when calculating the county's share under this
clause if the city seeks direct distribution of its share.
(b) A county's share under subdivision 1 must be shared pro rata between the county
and existing city systems in the county. A county or city or other governmental entity as
described in paragraph (a), clause (1), shall deposit money received under this subdivision
in an interest-bearing fund or account separate from the governmental entity's general fund
and may use money in the fund or account only for the purposes specified in subdivision 3.
(c) A county or city or other governmental entity as described in paragraph (a),
clause (1), is not qualified to share in the distribution of money for enhanced 911 service if
it has not implemented enhanced 911 service before December 31, 1998.
(d) For the purposes of this subdivision, "existing city system" means a city 911
system service that provides has continuously provided at least basic 911 service and that
was implemented on or before April 1, 1993.
    Subd. 3. Local expenditures. (a) Money distributed under subdivision 2
for enhanced 911 service may be spent on enhanced 911 system service costs for
the purposes stated in subdivision 1. In addition, money may be spent to lease,
purchase, lease-purchase, or maintain enhanced 911 equipment, including telephone
equipment; recording equipment; computer hardware; computer software for database
provisioning, addressing, mapping, and any other software necessary for automatic
location identification or local location identification; trunk lines; selective routing and
networking equipment; the master street address guide; dispatcher public safety answering
point PSAP equipment proficiency and operational skills; pay for long-distance charges
incurred due to transferring 911 calls to other jurisdictions; and the equipment necessary
within the public safety answering point PSAP for community alert systems and to notify
and communicate with the emergency services requested by the 911 caller.
(b) Money distributed for enhanced 911 service may not be spent on:
(1) purchasing or leasing of real estate or cosmetic additions to or remodeling of
communications centers;
(2) mobile communications vehicles, fire engines, ambulances, law enforcement
vehicles, or other emergency vehicles;
(3) signs, posts, or other markers related to addressing or any costs associated with
the installation or maintenance of signs, posts, or markers.
    Subd. 4. Audits. Each county and city or other governmental entity as described
in subdivision 2, paragraph (a), clause (1), shall conduct an annual audit on the use of
funds distributed to it for enhanced 911 service. A copy of each audit report must be
submitted to the commissioner.

    Sec. 12. Minnesota Statutes 2010, section 403.15, is amended to read:
403.15 MULTILINE TELEPHONE SYSTEM 911 REQUIREMENTS.
    Subdivision 1. Multistation or PBX system. Except as otherwise provided in this
section, every owner and operator of a new multistation or private branch exchange (PBX)
multiline telephone system, or equivalent, purchased after December 31, 2004, shall design
and maintain the system to provide a callback number and emergency response location.
    Subd. 2. Multiline telephone system user dialing instructions. Each multiline
telephone system, or equivalent, operator must demonstrate or otherwise inform each new
telephone system user how to call for emergency assistance from that particular multiline
telephone system.
    Subd. 3. Shared residential multiline telephone system. On and after January 1,
2005, operators of shared multiline telephone systems, or equivalent, whenever installed,
serving residential customers shall ensure that the shared multiline telephone system
is connected to the public switched network and that 911 calls RFEA from the system
result in at least one distinctive automatic number identification and automatic location
identification for each residential unit, except those requirements do not apply if the
residential facility maintains one of the following:
(1) automatic location identification for each respective emergency response
location;
(2) the ability to direct emergency responders to the 911 caller's location through an
alternative and adequate means, such as the establishment of a 24-hour private answering
point; or
(3) a connection to a switchboard operator, attendant, or other designated on-site
individual.
    Subd. 4. Hotel or motel multiline telephone system. Operators of hotel and motel
multiline telephone systems, or equivalents, shall permit the dialing of 911 and shall
ensure that 911 calls originating from hotel or motel multiline telephone systems allow the
911 system service to clearly identify the address and specific location of the 911 caller.
    Subd. 5. Business multiline telephone system. (a) An operator of business
multiline telephone systems connected to the public switched telephone network and
serving business locations of one employer shall ensure that calls to 911 from any
telephone on the system result in one of the following:
(1) automatic location identification for each respective emergency response
location;
(2) an ability to direct emergency responders to the 911 caller's location through an
alternative and adequate means, such as the establishment of a 24-hour private answering
point; or
(3) a connection to a switchboard operator, attendant, or other designated on-site
individual.
(b) Except as provided in paragraph (c), providers of multiline telephone systems, or
equivalents, serving multiple employers' business locations shall ensure that calls to 911
from any telephone result in automatic location identification for the respective emergency
response location of each business location sharing the system.
(c) Only one emergency response location is required in the following circumstances:
(1) an employer's work space is less than 40,000 square feet, located on a single
floor and on a single contiguous property;
(2) an employer's work space is less than 7,000 square feet, located on multiple
floors and on a single contiguous property; or
(3) an employer's work space is a single public entrance, single floor facility on a
single contiguous property.
    Subd. 6. Schools. A multiline telephone system, or equivalent, operated by a
public or private educational institution, including a system serving dormitories and other
residential customers, is subject to this subdivision and is not subject to subdivision 3. The
operator of the education institution multiline system connected to the public switched
network must ensure that calls to 911 from any telephone on the system result in one of
the following:
(1) automatic location identification for each respective emergency response
location;
(2) an ability to direct emergency responders to the 911 caller's location through an
alternative and adequate means, such as the establishment of a 24-hour private answering
point; or
(3) a connection to a switchboard operator, attendant, or other designated on-site
individual.
    Subd. 7. Exemptions. (a) Multiline telephone systems, or equivalents, with a
single emergency response location are exempt from subdivisions 1 and 3 to 6 and section
403.07, subdivision 3 .
(b) Multiline telephone system operators that employ alternative methods of
enhanced 911 support are exempt from subdivisions 1 and 3 to 6 and section 403.07,
subdivision 3 .
(c) A multiline telephone system operator may apply for an exemption from the
requirements in this section from the chief officer of each public safety answering point
PSAP serving that jurisdiction.
    Subd. 8. Applicability. The requirements of subdivisions 4, 5, and 6 apply to new
multiline telephone systems, or their equivalents, purchased after December 31, 2004. The
requirements of subdivisions 2 and 3 and the exemptions in subdivision 7 apply regardless
of when the multiline telephone system was installed.

    Sec. 13. Minnesota Statutes 2010, section 403.21, subdivision 2, is amended to read:
    Subd. 2. Statewide Radio Board. "Board" or "radio board" means the Statewide
Radio Board. "Statewide Radio Board," "radio board," or "board" means the Statewide
Radio Board established under section 403.36 and where the Statewide Radio Board
has affirmatively elected to become a Statewide Emergency Communication Board as
provided in section 403.382 it shall mean the Statewide Emergency Communication
Board as the successor to the Statewide Radio Board.

    Sec. 14. Minnesota Statutes 2010, section 403.21, is amended by adding a subdivision
to read:
    Subd. 2a. Allied Radio Matrix for Emergency Response (ARMER). "Allied
Radio Matrix for Emergency Response," "ARMER," "statewide, shared, trunked radio,
and communication system," or "statewide public safety radio system" means the public
safety radio system established under section 403.36.

    Sec. 15. Minnesota Statutes 2010, section 403.21, subdivision 13, is amended to read:
    Subd. 13. Regional radio board. "Regional radio board" or "regional board" means
a regional radio board established under section 403.39 and shall include any successor
organization to the regional radio board.

    Sec. 16. Minnesota Statutes 2010, section 403.37, subdivision 1, is amended to read:
    Subdivision 1. General. In addition to any other powers specifically provided
by law, the Statewide Radio Board has the powers necessary to oversee the planning,
implementation, and maintenance of the ARMER system given in this section.

    Sec. 17. Minnesota Statutes 2010, section 403.38, is amended to read:
403.38 STATEWIDE ARMER INTEGRATION.
Notwithstanding any provision to the contrary in sections 403.21 to 403.40, the
Statewide Radio Board has the final authority over technical and operational standards
necessary to provide for the development and implementation of a statewide backbone the
ARMER system that maximizes the integration of the public safety radio communication
system throughout the state, including the backbone previously established by the
Metropolitan Radio Board. Technical and operational standards that do not interfere with
the integration of the system may be established locally or regionally.

    Sec. 18. [403.382] STATEWIDE EMERGENCY COMMUNICATION BOARD.
    Subdivision 1. Statewide Emergency Communication Board. (a) By an
affirmative vote of a majority of the members of the Statewide Radio Board, the board
may elect to become a Statewide Emergency Communication Board.
(b) As a Statewide Emergency Communication Board, the board will be responsible
for the statewide coordination of 911 service in addition to existing responsibilities for the
ARMER system provided for in sections 403.21 to 403.37.
    Subd. 2. 911 service. In addition to any other powers specifically provided by law,
the Statewide Emergency Communication Board has the powers given in this section for
the coordination of 911 services.
    Subd. 3. Planning. The board shall coordinate the plan for the implementation of
Minnesota's next generation 911 service with local and regional plans and modify the plan
as necessary to facilitate the implementation of 911 services throughout the state.
    Subd. 4. 911 service architecture. The board shall define the standards for system
performance of 911 service necessary to assure development that maximizes compatibility
and interoperability of 911 service throughout the state.
    Subd. 5. Implementation. The board shall oversee the implementation of the
plan for 911 service and ensure that the 911 services are implemented, operated, and
maintained in accordance with the 911 service plan.
    Subd. 6. System enhancements. The board shall coordinate the extent to
which local governments and nongovernmental public safety entities eligible for direct
connection to Minnesota's 911 network may provide for system enhancements at their
own expense.
    Subd. 7. Technical standards. The board shall establish and enforce performance
and technical standards for the operation of 911 services.
    Subd. 8. Protocols. The board shall establish and enforce priorities or protocols for
the system that facilitates statewide uniformity.
    Subd. 9. Other emergency communication system planning and coordination.
In addition to powers provided for in this section for the coordination of 911 service, the
board shall be responsible for planning and coordination of the following public safety
emergency communication networks:
(1) developing and maintaining a plan for the implementation of a statewide public
safety broadband network, including the definition of technical and operational standards
for that network; and
(2) other wireless communication technologies or wireless communication networks
for public safety communications, where the board finds that coordination and planning on
a regional or statewide basis is appropriate or where regional or statewide coordination
has been requested by the Federal Communications Commission or the Department of
Homeland Security which is coordinating the technology or network on a national level.

    Sec. 19. Minnesota Statutes 2010, section 403.39, is amended to read:
403.39 REGIONAL RADIO BOARDS.
    Subdivision 1. Establishment. Notwithstanding the provisions of section 471.59,
subdivision 1 , requiring commonality of powers, two or more counties or a city and one or
more counties within a region defined in the statewide radio board's project plan under
section 403.36, through action of their governing bodies, by adoption of a joint powers
agreement that complies with section 471.59, subdivisions 1 to 5, may establish a regional
radio board to implement, maintain, and operate regional and local improvements to the
statewide, shared, trunked radio and communication system provided for in section 403.36.
Where the governing bodies of the participating units of government of a regional radio
board have approved an amendment to the regional radio board's joint powers agreement
authorizing the incorporation of a federally recognized Indian tribe into the joint powers
agreement, the federally recognized Indian tribe may be incorporated into the joint powers
agreement upon the adoption of the joint powers agreement by the tribe's governing body.
Membership in a regional radio board shall include one county commissioner appointed
by each respective county board party to the joint powers agreement and an elected official
from any city party to the joint powers agreement, and may include additional members
whose qualifications are specified in the joint powers agreement.
    Subd. 2. Powers. In addition to the powers enumerated in section 471.59, a regional
radio board, as necessary and convenient to implement regional and local improvements
to the statewide, shared, trunked radio and communication system provided for in section
403.36 , has the following powers:
(1) to establish bylaws and other organizational procedures consistent with the terms
of the joint powers agreement;
(2) to apply for and hold licenses for public safety frequencies to be used in regional
and local improvements, including a regional data system;
(3) to set or adopt regional performance and technical standards, subject to review
by the Statewide Radio Board, that do not interfere with the backbone or interoperability
infrastructure administered by the Statewide Radio Board;
(4) to enter into contracts necessary to carry out its responsibilities;
(5) to acquire by purchase, lease, gift, or grant, property, both real and personal,
and interests in property necessary for the accomplishment of its purposes and to sell or
otherwise dispose of property it no longer requires; and
(6) to contract with the state of Minnesota, through the commissioner of
transportation, for construction, ownership, operation, and maintenance of regional or
local improvements to the statewide, shared, trunked radio and communication system.
    Subd. 3. Relationship to local governments. Where a regional radio board has
been established in accordance with this section, local governments and other public
entities eligible under part 90 of the FCC rules to operate upon a statewide, shared public
safety radio and communication system within the region covered by the regional radio
board must coordinate its implementation through one of the parties to the joint powers
agreement. For purposes of grants made available by the Department of Public Safety, a
regional radio board is entitled to apply for and, receive a grant, and administer grants
on behalf of one or more public safety entities operating within the counties who are a
party to the joint powers agreement.
    Subd. 4. Scope. Nothing in this section shall limit a regional radio board organized
under section 471.59 from expanding the scope of the joint powers agreement to include
the joint or cooperative exercise of powers consistent with section 471.59 related to
other public safety purposes which may include the joint and cooperative exercise of
powers among less than all members of the regional radio board. An amendment to the
joint powers agreement expanding the scope of the agreement must be approved by the
governing bodies of each of the members of the regional radio board.

    Sec. 20. [403.392] REGIONAL EMERGENCY COMMUNICATION BOARDS.
    Subdivision 1. Regional emergency communication board election. A regional
radio board may elect to become a regional emergency communication board by amending
the joint powers agreement establishing the regional radio board to include responsibility
for coordinating 911 service within the region.
    Subd. 2. Powers of regional emergency communication board. Where a regional
radio board has elected to become a regional emergency communication board, the board
may provide for the exercise of the following powers in its joint power agreement, in
addition to powers provided for in sections 403.39 and 471.59:
(1) develop and maintain a regional plan for the implementation of Next Generation
911 (NG911) service within the region or within subregions of the region; and
(2) establish regional technical and operational standards for the implementation of
NG911 service within the region or within subregions of the region that are consistent with
technical and operational standards for 911 service adopted pursuant to section 403.382.

    Sec. 21. Minnesota Statutes 2010, section 403.40, subdivision 2, is amended to read:
    Subd. 2. Topical advisory committees. The Statewide Radio Board may establish
the following additional advisory committees one or more advisory groups for the
purpose of advising on the plan, design, implementation, and administration of statewide
interoperable public safety communications with representatives from each region of
implementation to advise on, at least, the following topical areas specified for each
committee:
(1) a committee of users representing all regions where the system backbone has
been implemented to make recommendations on how capital and operating costs of the
system should be apportioned among users, including the cost of additional participants;
(2) a systems manager committee to make recommendations on performance and
operational standards for the system to the extent that performance and operational
standards impact the operation of the system backbone and interoperability infrastructure;
and
(3) an operations and technical committee to make recommendations on the plan
and operational issues related to the technical aspects of the system backbone and
interoperability infrastructure.; and
(4) in cases where the board has made an election under section 403.382, a 911
operations and technical committee to make recommendations on the 911 service plan
and operational issues related to the technical aspects of the implementation of Next
Generation 911 service throughout the state.

    Sec. 22. REPEALER.
Minnesota Statutes 2010, sections 403.21, subdivision 6; and 403.33, are repealed.