Section 1. That sections 4927.03, 4927.15, 4931.40, 4931.41, | 10 |
4931.44, 4931.49, 4931.50, 4931.60, 4931.61, 4931.62, 4931.63, | 11 |
4931.64, 4931.65, 4931.66, 4931.67, 4931.69, and 4931.99 be | 12 |
amended and sections 4931.611, 4931.621, and 4931.622 of the | 13 |
Revised Code be enacted to read as follows: | 14 |
Sec. 4927.03. (A) Except as provided in divisions (A) and (B) | 15 |
of section 4927.04 of the Revised Code and except to the extent | 16 |
required to exercise authority under federal law, the commission | 17 |
has no authority over any interconnected voice over internet | 18 |
protocol-enabled service or any telecommunications service that is | 19 |
not commercially available on the effective date of this section | 20 |
September 13, 2010, and that employs technology that became | 21 |
available for commercial use only after the effective date of this | 22 |
sectionSeptember 13, 2010, unless the commission, upon a finding | 23 |
that the exercise of the commission's authority is necessary for | 24 |
the protection, welfare, and safety of the public, adopts rules | 25 |
specifying the necessary regulation. A consumer purchase of a | 26 |
service that is not commercially available on the effective date | 27 |
of this sectionSeptember 13, 2010, and that employs technology | 28 |
that became available for commercial use only after the effective | 29 |
date of this sectionSeptember 13, 2010, shall constitute a | 30 |
consumer transaction for purposes of sections 1345.01 to 1345.13 | 31 |
of the Revised Code, notwithstanding any provision of those | 32 |
sections to the contrary, unless the commission exercises | 33 |
jurisdiction over the service in accordance with this division. | 34 |
Notwithstanding any contrary provision of Chapter 4911. of the | 35 |
Revised Code, to the extent that the commission adopts rules under | 36 |
division (A) of this section regarding any interconnected voice | 37 |
over internet protocol enabled service provided to residential | 38 |
customers or regarding any telecommunications service that is | 39 |
provided to residential customers, that is not commercially | 40 |
available on the effective date of this sectionSeptember 13, | 41 |
2010, and that employs technology that became available for | 42 |
commercial use only after the effective date of this section | 43 |
September 13, 2010, the office of the consumers' counsel shall | 44 |
have authority to assist and represent residential customers in | 45 |
the implementation and enforcement of those rules. | 46 |
(C) For purposes of sections 4927.01 to 4927.21 of the | 69 |
Revised Code, sections 4903.02, 4903.03, 4903.24, 4903.25, | 70 |
4905.04, 4905.05, 4905.06, 4905.13, 4905.15, 4905.16, 4905.17, | 71 |
4905.22, 4905.26, 4905.27, 4905.28, 4905.29, 4905.31, 4905.32, | 72 |
4905.33, 4905.35, 4905.37, 4905.38, 4905.39, 4905.48, 4905.54, | 73 |
4905.55, 4905.56, and 4905.60 of the Revised Code do not apply to | 74 |
a telephone company or, as applicable, to an officer, employee, or | 75 |
agent of such company or provider, except to the extent necessary | 76 |
for the commission to carry out sections 4927.01 to 4927.21 of the | 77 |
Revised Code. | 78 |
(E) The commission shall initially adopt the rules required | 84 |
by this chapter not later than one hundred twenty days after the | 85 |
effective date of this sectionSeptember 13, 2010. Subject to the | 86 |
authority granted to the commission under this chapter, the | 87 |
commission may adopt other rules, including rules regarding the | 88 |
removal from tariffs of services that were required to be filed in | 89 |
tariffs prior to the effective date of this sectionSeptember 13, | 90 |
2010, as it finds necessary to carry out this chapter. | 91 |
Sec. 4927.15. (A) The rates, terms, and conditions for 9-1-1 | 92 |
service provided in this state by a telephone company or a | 93 |
telecommunications carrier and each of the following provided in | 94 |
this state by a telephone company shall be approved and tariffed | 95 |
in the manner prescribed by rule adopted by the public utilities | 96 |
commission and shall be subject to the applicable laws, including | 97 |
rules or regulations adopted and orders issued by the commission | 98 |
or the federal communications commission and, including, as to | 99 |
9-1-1 service, sections 4931.40 to 4931.704931.69 and 4931.99 of | 100 |
the Revised Code: | 101 |
(B) The public utilities commission may order changes in a | 109 |
telephone company's rates for carrier access in this state subject | 110 |
to this division. In the event that the public utilities | 111 |
commission reduces a telephone company's rates for carrier access | 112 |
that are in effect on the effective date of this sectionSeptember | 113 |
13, 2010, that reduction shall be on a revenue-neutral basis under | 114 |
terms and conditions established by the public utilities | 115 |
commission, and any resulting rate changes necessary to comply | 116 |
with division (B) or (C) of this section shall be in addition to | 117 |
any upward rate alteration made under section 4927.12 of the | 118 |
Revised Code. | 119 |
(F)(1) "Wireless service" means federally licensed commercial | 147 |
mobile service as defined in 47 U.S.C. 332(d) and further defined | 148 |
as commercial mobile radio service in 47 C.F.R. 20.3, and includes | 149 |
service provided by any wireless, two-way communications device, | 150 |
including a radio-telephone communications line used in cellular | 151 |
telephone service or personal communications service, a network | 152 |
radio access line, or any functional or competitive equivalent of | 153 |
such a radio-telephone communications or network radio access | 154 |
line. | 155 |
(M) "Subdivision" means a county, municipal corporation, | 180 |
township, township fire district, joint fire district, township | 181 |
police district, joint police district, joint ambulance district, | 182 |
or joint emergency medical services district that provides | 183 |
emergency service within its territory, or that contracts with | 184 |
another municipal corporation, township, or district or with a | 185 |
private entity to provide such service; and a state college or | 186 |
university, port authority, or park district of any kind that | 187 |
employs law enforcement officers that act as the primary police | 188 |
force on the grounds of the college or university or port | 189 |
authority or in the parks operated by the district. | 190 |
(W) "Telephone company" means a company engaged in the | 227 |
business of providing local exchange telephone service by making | 228 |
available or furnishing access and a dial tone to persons within a | 229 |
local calling area for use in originating and receiving voice | 230 |
grade communications over a switched network operated by the | 231 |
provider of the service within the area and gaining access to | 232 |
other telecommunications services. "Telephone company" includes a | 233 |
wireline service provider and a wireless service provider unless | 234 |
otherwise expressly specified. For purposes of sections 4931.52 | 235 |
and 4931.53 of the Revised Code, "telephone company" means a | 236 |
wireline service provider. | 237 |
(2) The system shall exclude any territory served by a | 249 |
wireline service provider that is not capable of reasonably | 250 |
meeting the
technical and economic requirements of providing the | 251 |
wireline telephone network portion of the countywide system for | 252 |
that territory. The system shall exclude from enhanced 9-1-1 any | 253 |
territory served by a wireline service provider that is not | 254 |
capable of reasonably meeting the technical and economic | 255 |
requirements of providing the wireline telephone network portion | 256 |
of enhanced 9-1-1 for that territory. If a 9-1-1 planning | 257 |
committee and a wireline service provider do not agree on whether | 258 |
the provider is so capable, the committee shall notify the public | 259 |
utilities commission, and the commission shall determine whether | 260 |
the wireline service provider is so capable. The committee shall | 261 |
ascertain whether such disagreement exists before making its | 262 |
implementation proposal under division (A) of section 4931.43 of | 263 |
the Revised Code. The commission's determination shall be in the | 264 |
form of an order. No final plan shall require a wireline service | 265 |
provider to provide the wireline telephone network portion of a | 266 |
9-1-1 system that the commission has determined the provider is | 267 |
not reasonably capable of providing. | 268 |
(2) A subdivision that operates a public safety answering | 277 |
point shall pay all of the costs associated with establishing, | 278 |
equipping, furnishing, operating, and maintaining that facility | 279 |
and shall allocate those costs among itself and the subdivisions | 280 |
served by the answering point based on the allocation formula in a | 281 |
final plan. The wireline service provider or other entity that | 282 |
provides or maintains the customer premises equipment shall bill | 283 |
the operating subdivision for the cost of providing such | 284 |
equipment, or its maintenance. A wireless service provider and a | 285 |
subdivision operating a public safety answering point may enter | 286 |
into a service agreement for providing wireless enhanced 9-1-1 | 287 |
pursuant to a final plan adopted under sections 4931.40 to 4931.70 | 288 |
4931.69 of the Revised Code. | 289 |
(F) Notwithstanding any other provision of law, the purchase | 297 |
or other acquisition, installation, and maintenance of the | 298 |
telephone network for a 9-1-1 system and the purchase or other | 299 |
acquisition, installation, and maintenance of customer premises | 300 |
equipment at a public safety answering point made in compliance | 301 |
with a final plan or an agreement under section 4931.48 of the | 302 |
Revised Code, including customer premises equipment used to | 303 |
provide wireless enhanced 9-1-1, are not subject to any | 304 |
requirement of competitive bidding. | 305 |
(H) Whenever a final plan provides for the implementation of | 309 |
basic 9-1-1, the planning committee shall so notify the public | 310 |
utilities commission, which shall determine whether the wireline | 311 |
service providers serving the territory covered by the plan are | 312 |
capable of reasonably meeting the technical and economic | 313 |
requirements of providing the wireline telephone network portion | 314 |
of an enhanced 9-1-1 system. The determination shall be made | 315 |
solely for purposes of division (C)(2) of section 4931.47 of the | 316 |
Revised Code. | 317 |
(J) A final plan adopted under sections 4931.40 to 4931.70 | 322 |
4931.69 of the Revised Code, or an agreement under section 4931.48 | 323 |
of the Revised Code, may provide that, by further agreement | 324 |
included in the plan or agreement, the state highway patrol or one | 325 |
or more public safety answering points of another 9-1-1 system is | 326 |
the public safety answering point or points for the provision of | 327 |
wireline or wireless 9-1-1 for all or part of the territory of the | 328 |
9-1-1 system established under the plan or agreement. In that | 329 |
event, the subdivision for which the wireline or wireless 9-1-1 is | 330 |
provided as named in the agreement shall be deemed the subdivision | 331 |
operating the public safety answering point or points for purposes | 332 |
of sections 4931.40 to 4931.704931.69 of the Revised Code, except | 333 |
that, for the purpose of division (D)(2) of this section, that | 334 |
subdivision shall pay only so much of the costs of establishing, | 335 |
equipping, furnishing, operating, or maintaining any such public | 336 |
safety answering point as are specified in the agreement with the | 337 |
patrol or other system. | 338 |
(K) A final plan for the provision of wireless enhanced 9-1-1 | 339 |
shall provide that any wireless 9-1-1 calls routed to a state | 340 |
highway patrol-operated public safety answering point by default, | 341 |
due to a wireless service provider so routing all such calls of | 342 |
its subscribers without prior permission, are instead to be routed | 343 |
as provided under the plan. Upon the implementation of countywide | 344 |
wireless enhanced 9-1-1 pursuant to a final plan, the state | 345 |
highway patrol shall cease any functioning as a public safety | 346 |
answering point providing wireless 9-1-1 within the territory | 347 |
covered by the countywide 9-1-1 system so established, unless the | 348 |
patrol functions as a public safety answering point providing | 349 |
wireless enhanced 9-1-1 pursuant to an agreement included in the | 350 |
plan as authorized under division (J) of this section. | 351 |
Sec. 4931.44. (A) Within sixty days after receipt of the | 352 |
final plan pursuant to division (C) of section 4931.43 of the | 353 |
Revised Code, the board of county commissioners of the county and | 354 |
the legislative authority of each municipal corporation in the | 355 |
county and of each township whose territory is proposed to be | 356 |
included in a countywide 9-1-1 system shall act by resolution to | 357 |
approve or disapprove the plan, except that, with respect to a | 358 |
final plan that provides for funding of the 9-1-1 system in part | 359 |
through charges imposed under section 4931.51 of the Revised Code, | 360 |
the board of county commissioners shall not act by resolution to | 361 |
approve or disapprove the plan until after a resolution adopted | 362 |
under section 4931.51 of the Revised Code has become effective as | 363 |
provided in division (D) of that section. A municipal corporation | 364 |
or township whose territory is proposed to be included in the | 365 |
system includes any municipal corporation or township in which a | 366 |
part of its territory is excluded pursuant to division (A)(2) of | 367 |
section 4931.41 of the Revised Code. Each such authority | 368 |
immediately shall notify the board of county commissioners in | 369 |
writing of its approval or disapproval of the final plan. Failure | 370 |
by a board or legislative authority to notify the board of county | 371 |
commissioners of approval or disapproval within such sixty-day | 372 |
period shall be deemed disapproval by the board or authority. | 373 |
Sec. 4931.49. (A)(1) The state, the state highway patrol, or | 396 |
a subdivision participating in a 9-1-1 system established under | 397 |
sections 4931.40 to 4931.704931.69 of the Revised Code and any | 398 |
officer, agent, employee, or independent contractor of the state, | 399 |
the state highway patrol, or such a participating subdivision is | 400 |
not liable in damages in a civil action for injuries, death, or | 401 |
loss to persons or property arising from any act or omission, | 402 |
except willful or wanton misconduct, in connection with | 403 |
developing, adopting, or approving any final plan or any agreement | 404 |
made under section 4931.48 of the Revised Code or otherwise | 405 |
bringing into operation the 9-1-1 system pursuant to sections | 406 |
4931.40 to 4931.704931.69 of the Revised Code. | 407 |
(2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory | 408 |
board, and any member of that council or board are not liable in | 409 |
damages in a civil action for injuries, death, or loss to persons | 410 |
or property arising from any act or omission, except willful or | 411 |
wanton misconduct, in connection with the development or operation | 412 |
of a 9-1-1 system established under sections 4931.40 to 4931.70 | 413 |
4931.69 of the Revised Code. | 414 |
(B) Except as otherwise provided in section 4765.49 of the | 415 |
Revised Code, an individual who gives emergency instructions | 416 |
through a 9-1-1 system established under sections 4931.40 to | 417 |
4931.704931.69 of the Revised Code, and the principals for whom | 418 |
the person acts, including both employers and independent | 419 |
contractors, public and private, and an individual who follows | 420 |
emergency instructions and the principals for whom that person | 421 |
acts, including both employers and independent contractors, public | 422 |
and private, are not liable in damages in a civil action for | 423 |
injuries, death, or loss to persons or property arising from the | 424 |
issuance or following of emergency instructions, except where the | 425 |
issuance or following of the instructions constitutes willful or | 426 |
wanton misconduct. | 427 |
(C) Except for willful or wanton misconduct, a telephone | 428 |
company, and any other installer, maintainer, or provider, through | 429 |
the sale or otherwise, of customer premises equipment, and their | 430 |
respective officers, directors, employees, agents, and suppliers | 431 |
are not liable in damages in a civil action for injuries, death, | 432 |
or loss to persons or property incurred by any person resulting | 433 |
from any of the following: | 434 |
(1) Such an entity's or its officers', directors', | 435 |
employees', agents', or suppliers' participation in or acts or | 436 |
omissions in connection with participating in or developing, | 437 |
maintaining, or operating a 9-1-1 system, whether that system is | 438 |
established pursuant to sections 4931.40 to 4931.704931.69 of the | 439 |
Revised Code or otherwise in accordance with schedules regarding | 440 |
9-1-1 systems filed with the public utilities commission pursuant | 441 |
to section 4905.30 of the Revised Code by a telephone company that | 442 |
is a wireline service provider; | 443 |
(D) Except for willful or wanton misconduct, a provider of | 448 |
and a seller of a prepaid wireless calling service and their | 449 |
respective officers, directors, employees, agents, and suppliers | 450 |
are not liable in damages in a civil action for injuries, death, | 451 |
or loss to persons or property incurred by any person resulting | 452 |
from anything described in division (C) of this section. | 453 |
(5) In the circumstance of access to a data base given by a | 481 |
telephone company that is a wireline service provider to a state | 482 |
and local government in warning of a public emergency, as | 483 |
determined by the public utilities commission. The charge, terms, | 484 |
and conditions for the disclosure or use of that information for | 485 |
the purpose of access to a data base is subject to the | 486 |
jurisdiction of the public utilities commission. | 487 |
Sec. 4931.50. (A) The attorney general, upon request of the | 488 |
public utilities commission or on the attorney general's own | 489 |
initiative, shall begin proceedings against a telephone company | 490 |
that is a wireline service provider to enforce compliance with | 491 |
sections 4931.40 to 4931.704931.69 of the Revised Code or with | 492 |
the terms, conditions, requirements, or specifications of a final | 493 |
plan or of an agreement under section 4931.48 of the Revised Code | 494 |
as to wireline or wireless 9-1-1. | 495 |
(B) The attorney general, upon the attorney general's own | 496 |
initiative, or any prosecutor, upon the prosecutor's initiative, | 497 |
shall begin proceedings against a subdivision as to wireline or | 498 |
wireless 9-1-1 to enforce compliance with sections 4931.40 to | 499 |
4931.704931.69 of the Revised Code or with the terms, conditions, | 500 |
requirements, or specifications of a final plan or of an agreement | 501 |
under section 4931.48 of the Revised Code as to wireline or | 502 |
wireless 9-1-1. | 503 |
Sec. 4931.60. There is hereby created within the public | 504 |
utilities commission the 9-1-1 service program, headed by an Ohio | 505 |
9-1-1 coordinator in the unclassified civil service pursuant to | 506 |
division (A)(9) of section 124.11 of the Revised Code. The | 507 |
coordinator shall be appointed by and serve at the pleasure of the | 508 |
commission chairperson and shall report directly to the | 509 |
chairperson. Upon the effective date of this sectionOn May 6, | 510 |
2005, the chairperson shall appoint an interim coordinator and, | 511 |
upon submission of a list of nominees by the Ohio 9-1-1 council | 512 |
pursuant to section 4931.69 of the Revised Code, shall consider | 513 |
those nominees in making the final appointment and in appointing | 514 |
any subsequent coordinator. The chairperson may request the | 515 |
council to submit additional nominees and may reject any of the | 516 |
nominees. The chairperson shall fix the compensation of the | 517 |
coordinator. The chairperson shall evaluate the performance of the | 518 |
coordinator after considering the evaluation and recommendations | 519 |
of the council under section 4931.68 of the Revised Code. | 520 |
The Ohio 9-1-1 coordinator shall administer the wireless | 521 |
9-1-1 government assistance fund as specified in sections 4931.63 | 522 |
and 4931.64 of the Revised Code and otherwise carry out the | 523 |
coordinator's duties under sections 4931.60 to 4931.704931.69 of | 524 |
the Revised Code. The chairperson may establish additional duties | 525 |
of the coordinator based on a list of recommended duties submitted | 526 |
by the Ohio 9-1-1 council pursuant to section 4931.68 of the | 527 |
Revised Code. The chairperson may assign one or more commission | 528 |
employees to assist the coordinator in carrying out the | 529 |
coordinator's duties. | 530 |
Sec. 4931.61. (A) Beginning on the first day of the third | 531 |
month following May 6, 2005, and ending December 31, 2012, there | 532 |
is hereby imposed, on each wireless telephone number of a wireless | 533 |
service subscriber who has a billing address in this state, except | 534 |
prepaid wireless telephone numbers, a wireless 9-1-1 charge of | 535 |
twenty-eight cents per month. The subscriber shall pay the | 536 |
wireless 9-1-1 charge for each such wireless telephone number | 537 |
assigned to the subscriber. Each wireless service provider and | 538 |
each reseller of wireless service shall collect the wireless 9-1-1 | 539 |
charge as a specific line item on each subscriber's monthly bill. | 540 |
The line item shall be expressly designated "State/Local | 541 |
Wireless-E911 Costs ($0.28/billed number)." If a provider bills a | 542 |
subscriber for any wireless enhanced 9-1-1 costs that the provider | 543 |
may incur, the charge or amount is not to appear in the same line | 544 |
item as the state/local line item. If the charge or amount is to | 545 |
appear in its own, separate line item on the bill, the charge or | 546 |
amount shall be expressly designated "[Name of Provider] Federal | 547 |
Wireless-E911 Costs." For any subscriber of prepaid wireless | 548 |
service, a wireless service provider or reseller shall collect the | 549 |
wireless 9-1-1 charge in any of the following manners: | 550 |
(2) For purposes of division (B)(1) of this section, a retail | 571 |
sale occurs in this state if it is effected by the consumer | 572 |
appearing in person at a seller's business location in this state, | 573 |
or if the sale is sourced to this state under division (E)(3) of | 574 |
section 5739.034 of the Revised Code, except that under that | 575 |
division, in lieu of sourcing a sale under division (C)(5) of | 576 |
section 5739.033 of the Revised Code, the seller, rather than the | 577 |
service provider, may elect to source the sale to the location | 578 |
associated with the mobile telephone number. | 579 |
(b) The seller of the prepaid wireless calling service may | 586 |
elect to charge the consumer only the price of the prepaid | 587 |
wireless calling service. In this case, the seller shall provide | 588 |
the consumer at the time of the retail sale with written | 589 |
documentation that the amount paid by the consumer for the | 590 |
wireless calling service includes the wireless 9-1-1 charge | 591 |
imposed under division (B)(1) of this section. The documentation | 592 |
shall state the amount of the charge. | 593 |
Sec. 4931.62. (A)(1) Beginning with the second month | 608 |
following the month in which the wireless 9-1-1 charge is first | 609 |
imposed under division (A) of section 4931.61 of the Revised Code, | 610 |
a wireless service provider or reseller of wireless service, not | 611 |
later than the last day of each month, shall remit the full amount | 612 |
of all such wireless 9-1-1 charges it collected for the second | 613 |
preceding calendar month to the Ohio 9-1-1 coordinator, with the | 614 |
exception of charges equivalent to the amount authorized as a | 615 |
billing and collection fee under division (A)(2) of this section. | 616 |
In doing so, the provider or reseller may remit the requisite | 617 |
amount in any reasonable manner consistent with its existing | 618 |
operating or technological capabilities, such as by customer | 619 |
address, location associated with the wireless telephone number, | 620 |
or another allocation method based on comparable, relevant data. | 621 |
If the wireless service provider or reseller receives a partial | 622 |
payment for a bill from a wireless service subscriber, the | 623 |
wireless service provider or reseller shall apply the payment | 624 |
first against the amount the subscriber owes the wireless service | 625 |
provider or reseller and shall remit to the coordinator such | 626 |
lesser amount, if any, as results from that invoice. | 627 |
(a) A seller of a prepaid wireless calling service that | 637 |
collected prepaid wireless 9-1-1 charges under division (B)(3)(a) | 638 |
of section 4931.61 of the Revised Code shall remit the full amount | 639 |
of all such charges collected to the department of taxation in | 640 |
accordance with section 4931.622 of the Revised Code. For purposes | 641 |
of this division, a charge shall be deemed to have been collected | 642 |
if it was itemized as required under division (B)(3)(a) of section | 643 |
4931.61 of the Revised Code. | 644 |
(C)(1) Each subscriber on which a wireless 9-1-1 charge is | 655 |
imposed under division (A) of section 4931.61 of the Revised Code | 656 |
is liable to the state for the amount of the charge. If a wireless | 657 |
service provider or reseller fails to collect the charge under | 658 |
that division from a subscriber of prepaid wireless service, or | 659 |
fails to bill any other subscriber for the charge imposed under | 660 |
division (A) of section 4931.61 of the Revised Code, the wireless | 661 |
service provider or reseller is liable to the state for the amount | 662 |
not collected or billed. If a wireless service provider or | 663 |
reseller collects charges under that division and fails to remit | 664 |
the money to the coordinator, the wireless service provider or | 665 |
reseller is liable to the state for any amount collected and not | 666 |
remitted. | 667 |
(D)(1) If the public utilities commission has reason to | 672 |
believe that a wireless service provider or reseller has failed to | 673 |
bill, collect, or remit the wireless 9-1-1 charge as required by | 674 |
divisions (A)(1) and (B)(C)(1) of this section or has retained | 675 |
more than the amount authorized under division (A)(2) of this | 676 |
section, and after written notice to the provider or reseller, the | 677 |
commission may audit the provider or reseller for the sole purpose | 678 |
of making such a determination. The audit may include, but is not | 679 |
limited to, a sample of the provider's or reseller's billings, | 680 |
collections, remittances, or retentions for a representative | 681 |
period, and the commission shall make a good faith effort to reach | 682 |
agreement with the provider or reseller in selecting that sample. | 683 |
(2) Upon written notice to the wireless service provider or | 684 |
reseller, the commission, by order after completion of the audit, | 685 |
may make an assessment against the provider or reseller if, | 686 |
pursuant to the audit, the commission determines that the provider | 687 |
or reseller has failed to bill, collect, or remit the wireless | 688 |
9-1-1 charge as required by divisions (A)(1) and (B)(C)(1) of this | 689 |
section or has retained more than the amount authorized under | 690 |
division (A)(2) of this section. The assessment shall be in the | 691 |
amount of any remittance that was due and unpaid on the date | 692 |
notice of the audit was sent by the commission to the provider or | 693 |
reseller or, as applicable, in the amount of the excess amount | 694 |
under division (A)(2) of this section retained by the provider or | 695 |
reseller as of that date. | 696 |
(3) The portion of any assessment not paid within sixty days | 697 |
after the date of service by the commission of the assessment | 698 |
notice under division (C)(D)(2) of this section shall bear | 699 |
interest from that date until paid at the rate per annum | 700 |
prescribed by section 5703.47 of the Revised Code. That interest | 701 |
may be collected by making an assessment under division (C)(D)(2) | 702 |
of this section. An assessment under this division and any | 703 |
interest due shall be remitted in the same manner as the wireless | 704 |
9-1-1 charge imposed under division (A) of section 4931.61 of the | 705 |
Revised Code. | 706 |
(4) An assessment is final and due and payable and shall be | 707 |
remitted to the commission unless the assessed party petitions for | 708 |
rehearing under section 4903.10 of the Revised Code. The | 709 |
proceedings of the commission specified in division (C)(D)(4) of | 710 |
this section are subject to and governed by Chapter 4903. of the | 711 |
Revised Code, except that the court of appeals of Franklin county | 712 |
has exclusive, original jurisdiction to review, modify, or vacate | 713 |
an order of the commission under division (C)(D)(2) of this | 714 |
section. The court shall hear and determine such appeal in the | 715 |
same manner and under the same standards as the Ohio supreme court | 716 |
hears and determines appeals under Chapter 4903. of the Revised | 717 |
Code. | 718 |
(5) After an assessment becomes final, if any portion of the | 725 |
assessment remains unpaid, including accrued interest, a certified | 726 |
copy of the commission's entry making the assessment final may be | 727 |
filed in the office of the clerk of the court of common pleas in | 728 |
the county in which the place of business of the assessed party is | 729 |
located. If the party maintains no place of business in this | 730 |
state, the certified copy of the entry may be filed in the office | 731 |
of the clerk of the court of common pleas of Franklin county. | 732 |
Immediately upon the filing, the clerk shall enter a judgment for | 733 |
the state against the assessed party in the amount shown on the | 734 |
entry. The judgment may be filed by the clerk in a loose-leaf book | 735 |
entitled "special judgments for wireless 9-1-1 charges" and shall | 736 |
have the same effect as other judgments. The judgment shall be | 737 |
executed upon the request of the commission. | 738 |
(6) An assessment under this division does not discharge a | 739 |
subscriber's liability to reimburse the provider or reseller for | 740 |
the wireless 9-1-1 charge imposed under division (A) of section | 741 |
4931.61 of the Revised Code. If, after the date of service of the | 742 |
audit notice under division (C)(D)(1) of this section, a | 743 |
subscriber pays a wireless 9-1-1 charge for the period covered by | 744 |
the assessment, the payment shall be credited against the | 745 |
assessment. | 746 |
Sec. 4931.622. (A) A seller of a prepaid wireless calling | 757 |
service subject to the remittance requirement of either division | 758 |
(B)(1)(a) or (b) of section 4931.62 of the Revised Code shall also | 759 |
be subject to the provisions of Chapter 5739. of the Revised Code | 760 |
regarding the excise tax on retail sales levied under section | 761 |
5739.02 of the Revised Code, as those provisions apply to filing | 762 |
returns, remittance, audits, assessments, appeals, enforcement, | 763 |
liability, and penalties. | 764 |
Sec. 4931.63. (A) There is hereby created the wireless 9-1-1 | 770 |
administrative fund in the state treasury. A sufficient | 771 |
percentage, determined by the chairperson of the public utilities | 772 |
commission but not to exceed two per cent, of the periodic | 773 |
remittances and transfers of the wireless 9-1-1 chargecharges | 774 |
under sectionsections 4931.62 and 4931.621 of the Revised Code | 775 |
shall be deposited to the credit of the fund, to be used by the | 776 |
commission to cover such nonpayroll costs and, at the discretion | 777 |
of the commission such payroll costs, of the commission as are | 778 |
incurred in assisting the coordinator in carrying out sections | 779 |
4931.60 to 4931.704931.69 of the Revised Code and in conducting | 780 |
audits under division (C)(D) of section 4931.62 of the Revised | 781 |
Code. In addition, the compensation of the Ohio 9-1-1 coordinator, | 782 |
and any expenses of the coordinator in carrying out those | 783 |
sections, shall be paid from the fund. | 784 |
(B) There is hereby created the wireless 9-1-1 government | 785 |
assistance fund, which shall be in the custody of the treasurer of | 786 |
state but shall not be part of the state treasury. The periodic | 787 |
remittances and transfers of the wireless 9-1-1 chargecharges | 788 |
remaining after the deposit required by division (A) of this | 789 |
section shall be deposited to the credit of the wireless 9-1-1 | 790 |
government assistance fund. The treasurer of state shall deposit | 791 |
or invest the moneys in this fund in accordance with Chapter 135. | 792 |
of the Revised Code and any other provision of law governing | 793 |
public moneys of the state as defined in section 135.01 of the | 794 |
Revised Code. The treasurer of state shall credit the interest | 795 |
earned to the fund. The treasurer of state shall disburse money | 796 |
from the fund solely upon order of the coordinator as authorized | 797 |
under section 4931.64 of the Revised Code. Annually, until the | 798 |
fund is depleted, the treasurer of state shall certify to the | 799 |
coordinator the amount of moneys in the treasurer of state's | 800 |
custody belonging to the fund. | 801 |
(1) Determine, for a county that has adopted a final plan | 807 |
under sections 4931.40 to 4931.704931.69 of the Revised Code for | 808 |
the provision of wireless enhanced 9-1-1 within the territory | 809 |
covered by the countywide 9-1-1 system established under the plan, | 810 |
the number of wireless telephone numbers assigned to wireless | 811 |
service subscribers that have billing addresses within the county. | 812 |
That number shall be adjusted between any two counties so that the | 813 |
number of wireless telephone numbers assigned to wireless service | 814 |
subscribers who have billing addresses within any portion of a | 815 |
municipal corporation that territorially lies primarily in one of | 816 |
the two counties but extends into the other county is added to the | 817 |
number already determined for that primary county and subtracted | 818 |
for the other county. | 819 |
(B) The Ohio 9-1-1 coordinator, in accordance with this | 828 |
division and not later than the last day of each month, shall | 829 |
disburse the amount credited as remittances to the wireless 9-1-1 | 830 |
government assistance fund during the second preceding month, plus | 831 |
any accrued interest on the fund. Such a disbursement shall be | 832 |
paid to each county treasurer. The amount to be so disbursed | 833 |
monthly to a particular county shall be a proportionate share of | 834 |
the wireless 9-1-1 government assistance fund balance based on the | 835 |
ratio between the following: | 836 |
(2) For each county described in division (C)(1) of this | 849 |
section, the coordinator shall retain in the wireless 9-1-1 | 850 |
government assistance fund an amount equal to what would otherwise | 851 |
be paid as the county's disbursements under division (B) of this | 852 |
section if it had adopted such a final plan, plus any related | 853 |
accrued interest, to be set aside for that county. If the board of | 854 |
county commissioners notifies the coordinator prior to January 1, | 855 |
2010, that a final plan for the provision of wireless enhanced | 856 |
9-1-1 has been adopted, the coordinator shall disburse and pay to | 857 |
the county treasurer, not later than the last day of the month | 858 |
following the month the notification is made, the total amount so | 859 |
set aside for the county plus any related accrued interest. As of | 860 |
January 1, 2010, any money and interest so retained and not | 861 |
disbursed as authorized under this division shall be available for | 862 |
disbursement only as provided in division (B) of this section. | 863 |
(A) A countywide 9-1-1 system receiving a disbursement under | 880 |
section 4931.64 of the Revised Code shall provide countywide | 881 |
wireless enhanced 9-1-1 in accordance with sections 4931.40 to | 882 |
4931.704931.69 of the Revised Code beginning as soon as | 883 |
reasonably possible after receipt of the first disbursement or, if | 884 |
that service is already implemented, shall continue to provide | 885 |
such service. Except as provided in divisions (B) and (C) of this | 886 |
section, a disbursement shall be used solely for the purpose of | 887 |
paying either or both of the following: | 888 |
(1) Any costs of designing, upgrading, purchasing, leasing, | 889 |
programming, installing, testing, or maintaining the necessary | 890 |
data, hardware, software, and trunking required for the public | 891 |
safety answering point or points of the 9-1-1 system to provide | 892 |
wireless enhanced 9-1-1, which costs are incurred before or on or | 893 |
after May 6, 2005, and consist of such additional costs of the | 894 |
9-1-1 system over and above any costs incurred to provide wireline | 895 |
9-1-1 or to otherwise provide wireless enhanced 9-1-1. Annually, | 896 |
up to twenty-five thousand dollars of the disbursements received | 897 |
on or after January 1, 2009, may be applied to data, hardware, and | 898 |
software that automatically alerts personnel receiving a 9-1-1 | 899 |
call that a person at the subscriber's address or telephone number | 900 |
may have a mental or physical disability, of which that personnel | 901 |
shall inform the appropriate emergency service provider. On or | 902 |
after the provision of technical and operational standards | 903 |
pursuant to division (D)(1) of section 4931.68 of the Revised | 904 |
Code, a subdivision shall consider the standards before incurring | 905 |
any costs described in this division. | 906 |
(B) Beginning one year following the imposition of the | 910 |
wireless 9-1-1 charge under division (A) of section 4931.61 of the | 911 |
Revised Code, a subdivision that certifies to the Ohio 9-1-1 | 912 |
coordinator that it has paid the costs described in divisions | 913 |
(A)(1) and (2) of this section and is providing countywide | 914 |
wireless enhanced 9-1-1 may use disbursements received under | 915 |
section 4931.64 of the Revised Code to pay any of its personnel | 916 |
costs of one or more public safety answering points providing | 917 |
countywide wireless enhanced 9-1-1. | 918 |
Sec. 4931.66. (A)(1) A telephone company, the state highway | 929 |
patrol as described in division (J) of section 4931.41 of the | 930 |
Revised Code, and each subdivision operating one or more public | 931 |
safety answering points for a countywide system providing wireless | 932 |
9-1-1, shall provide the Ohio 9-1-1 coordinator with such | 933 |
information as the coordinator requests for the purposes of | 934 |
carrying out the coordinator's duties under sections 4931.60 to | 935 |
4931.704931.69 of the Revised Code, including, but not limited | 936 |
to, duties regarding the collection of the wireless 9-1-1 charge | 937 |
and regarding the provision of a report or recommendation under | 938 |
section 4931.70 of the Revised Codecharges. | 939 |
(2) A wireless service provider shall provide an official, | 940 |
employee, agent, or representative of a subdivision operating a | 941 |
public safety answering point, or of the state highway patrol as | 942 |
described in division (J) of section 4931.41 of the Revised Code, | 943 |
with such technical, service, and location information as the | 944 |
official, employee, agent, or representative requests for the | 945 |
purpose of providing wireless 9-1-1. | 946 |
(2) The public utilities commission, the Ohio 9-1-1 | 959 |
coordinator, and any official, employee, agent, or representative | 960 |
of the commission, of the state highway patrol as described in | 961 |
division (J) of section 4931.41 of the Revised Code, or of a | 962 |
subdivision operating a public safety answering point, while | 963 |
acting or claiming to act in the capacity of the commission or | 964 |
coordinator or such official, employee, agent, or representative, | 965 |
shall not disclose any information provided under division (A) of | 966 |
this section regarding a telephone company's customers, revenues, | 967 |
expenses, or network information. Nothing in division (B)(2) of | 968 |
this section precludes any such information from being aggregated | 969 |
and included in any report required under section 4931.70 or | 970 |
division (D)(2) of section 4931.69 of the Revised Code, provided | 971 |
the aggregated information does not identify the number of any | 972 |
particular company's customers or the amount of its revenues or | 973 |
expenses or identify a particular company as to any network | 974 |
information. | 975 |
Sec. 4931.67. The public utilities commission, after | 976 |
consultation with the Ohio 9-1-1 coordinator, shall adopt rules in | 977 |
accordance with Chapter 119. of the Revised Code to carry out | 978 |
sections 4931.60 to 4931.704931.69 of the Revised Code, including | 979 |
rules prescribing the necessary accounting for a wireless service | 980 |
provider's or reseller's billing and collection fee under division | 981 |
(A)(2) of section 4931.62 of the Revised Code and rules | 982 |
establishing a fair and reasonable process for recommending the | 983 |
amount of the wireless 9-1-1 charge as authorized under division | 984 |
(B) of section 4931.70 of the Revised Code. The amount of the | 985 |
wireless 9-1-1 charge shall be prescribed only by act of the | 986 |
general assembly. | 987 |
Sec. 4931.69. (A) There is hereby created the wireless 9-1-1 | 988 |
advisory board, consisting of the Ohio 9-1-1 council appointee | 989 |
that represents public safety communications officials and five | 990 |
members appointed by the governor as follows: one of the council | 991 |
appointees that represents wireless service providers in this | 992 |
state, whose council term expires after the council term of the | 993 |
council appointee representing public safety communications | 994 |
officials, one noncouncil representative of wireless service | 995 |
providers in this state, one noncouncil representative of public | 996 |
safety communications officials in this state, and two noncouncil | 997 |
representatives of municipal and county governments in this state. | 998 |
(B) The terms of the advisory board members who are also | 999 |
council members shall be concurrent with their terms as members of | 1000 |
the council, as prescribed under division (B) of section 4931.68 | 1001 |
of the Revised Code. The terms of the initial noncouncil appointee | 1002 |
to the advisory board who represents wireless service providers | 1003 |
and of one of the initial noncouncil appointees who represents | 1004 |
municipal and county government shall expire on January 31, 2009. | 1005 |
The terms of the initial noncouncil appointee to the advisory | 1006 |
board representing public safety communications officials and of | 1007 |
the other initial noncouncil appointee representing municipal and | 1008 |
county government shall expire on January 31, 2010. Thereafter, | 1009 |
terms of the noncouncil appointees shall be for three years, with | 1010 |
each term ending on the same day of the same month as the term it | 1011 |
succeeds. The conditions of holding office, manner of filling | 1012 |
vacancies, and other matters concerning service by any member of | 1013 |
the advisory board shall be the same as set forth for council | 1014 |
members under division (B) of section 4931.68 of the Revised Code. | 1015 |
Section 2. That existing sections 4927.03, 4927.15, 4931.40, | 1044 |
4931.41, 4931.44, 4931.49, 4931.50, 4931.60, 4931.61, 4931.62, | 1045 |
4931.63, 4931.64, 4931.65, 4931.66, 4931.67, 4931.69, and 4931.99 | 1046 |
and section 4931.70 of the Revised Code are hereby repealed. | 1047 |