REPRESENTATIVES Flowers, Niehaus, Olman, Reinhard, Faber, Seitz, Allen, Harwood

To amend sections 2307.64, 2913.01, 4931.40, 4931.41,

1

4931.43, 4931.44, 4931.45, 4931.46, 4931.47,

2

4931.48, 4931.49, 4931.50, 4931.99, 5727.39, and

3

5733.55; to amend, for the purpose of adopting a

4

new section number as shown in parentheses,

5

section 4931.55 (4931.75); and to enact sections

6

4931.60 to 4931.71 of the Revised Code to provide

7

for wireless enhanced 9-1-1, including

8

requirements for its operation, administration,

9

funding, and regulation, and to permit a telephone

10

company that is a wireline service provider to

11

fund through an existing tax credit mechanism the

12

total nonrecurring rates and charges for an

13

updating or modernization of the wireline

14

telephone network portion of a 9-1-1 system or a

15

modification of that telephone network to provide

16

wireless enhanced 9-1-1; and to amend the versions

17

of sections 4931.45, 4931.47, and 4931.48 of the

18

Revised Code that are scheduled to take effect

19

December 31, 2004, and to continue the provisions

20

of this act on and after that effective date.

21

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 2307.64, 2913.01, 4931.40, 4931.41,	22
4931.43, 4931.44, 4931.45, 4931.46, 4931.47, 4931.48, 4931.49,	23
4931.50, 4931.99, 5727.39, and 5733.55 be amended; section 4931.55	24
(4931.75) be amended for the purpose of adopting a new section	25
number as indicated in parentheses; and sections 4931.60, 4931.61,	26
4931.62, 4931.63, 4931.64, 4931.65, 4931.66, 4931.67, 4931.68,	27
4931.69, 4931.70, and 4931.71 of the Revised Code be enacted to	28
read as follows:	29

Sec. 2307.64. (A) As used in this section:

30

(1) "Advertisement" has the same meaning as in section	31
4931.554931.75 of the Revised Code.	32

(2) "Computer," "computer network," "computer program,"	33
"computer services," and "telecommunications device" have the same	34
meanings as in section 2913.01 of the Revised Code.	35

(3) "Electronic mail" means an electronic message that is	36
transmitted between two or more telecommunications devices or	37
electronic devices capable of receiving electronic messages,	38
whether or not the message is converted to hard copy format after	39
receipt, and whether or not the message is viewed upon the	40
transmission or stored for later retrieval. "Electronic mail"	41
includes electronic messages that are transmitted through a local,	42
regional, or global computer network.	43

(4) "Electronic mail advertisement" means electronic mail	44
containing an advertisement.	45

(5) "Electronic mail service provider" means any person that	46
is an intermediary in sending and receiving electronic mail and	47
that provides to users of electronic mail services the ability to	48
send or receive electronic mail. "Electronic mail service	49
provider" includes an internet service provider.	50

(6) "Internet" has the same meaning as in section 341.42 of	51
the Revised Code.	52

(7) "Originating address" means the string of characters used	53
to specify the source of any electronic mail message.	54

(8) "Person" has the same meaning as in section 1.59 of the	55
Revised Code, but when a person is not an individual, the person	56
responsible for transmitting or causing to be transmitted an	57
electronic mail advertisement is the particular division of the	58
partnership, corporation, or other business entity actually	59
responsible for the transmission of the electronic mail	60
advertisement.	61

(9) "Pre-existing business relationship" means that there was	62
a business transaction between the initiator and the recipient of	63
a commercial electronic mail message during the five-year period	64
preceding the receipt of that message. A pre-existing business	65
relationship includes a transaction involving the free provision	66
of information, goods, or services requested by the recipient. A	67
pre-existing business relationship does not exist after a	68
recipient requests to be removed from the distribution lists of an	69
initiator pursuant to division (B) of this section and a	70
reasonable amount of time has expired since that request.	71

(10) "Receiving address" means the string of characters used	72
to specify a recipient with each receiving address creating a	73
unique and separate recipient.	74

(11) "Recipient" means a person who receives an electronic	75
mail advertisement at any one of the following receiving	76
addresses:	77

(a) A receiving address furnished by an electronic mail	78
service provider that bills for furnishing and maintaining that	79
receiving address to a mailing address within this state;	80

(b) A receiving address ordinarily accessed from a computer	81
located within this state;	82

(c) A receiving address ordinarily accessed by a person	83
domiciled within this state;	84

(d) Any other receiving address with respect to which the	85
obligations imposed by this section can be imposed consistent with	86
the United States Constitution.	87

(B)(1) Except as otherwise provided in division (B)(3) of	88
this section, a person that transmits or causes to be transmitted	89
to a recipient an electronic mail advertisement shall clearly and	90
conspicuously provide to the recipient, within the body of the	91
electronic mail advertisement, both of the following:	92

(a) The person's name and complete residence or business	93
address and the electronic mail address of the person transmitting	94
the electronic mail advertisement;	95

(b) A notice that the recipient may decline to receive from	96
the person transmitting or causing to be transmitted the	97
electronic mail advertisement any additional electronic mail	98
advertisements and a detailed procedure for declining to receive	99
any additional electronic mail advertisements at no cost. The	100
notice shall be of the same size of type as the majority of the	101
text of the message and shall not require that the recipient	102
provide any information other than the receiving address.	103

(2) If the recipient of an electronic mail advertisement uses	104
the procedure contained in the notice described in division	105
(B)(1)(b) of this section to decline to receive any additional	106
electronic mail advertisements, the person that transmitted or	107
caused to be transmitted the original electronic mail	108
advertisement, within a reasonable period of time, shall cease	109
transmitting or causing to be transmitted to the receiving address	110
any additional electronic mail advertisements.	111

(3) A person does not violate division (B) of this section if	112
the person transmits or causes to be transmitted to the recipient	113
an electronic mail advertisement when any of the following apply:	114

(a) The person has a pre-existing business or personal	115
relationship with the recipient.	116

(b) The recipient has consented or has agreed as a condition	117
of service to receive the electronic mail advertisement.	118

(c) The recipient receives the electronic mail advertisement	119
because another recipient forwarded the advertisement to that	120
recipient via an internet web site or another recipient made a	121
direct referral of that recipient to receive the advertisement.	122

(C) No person shall use a computer, a computer network, or	123
the computer services of an electronic mail service provider to	124
transmit an electronic mail advertisement in contravention of the	125
authority granted by, or in violation of the policies related to	126
electronic mail advertisements set by, the electronic mail service	127
provider if the electronic mail service provider has provided the	128
person notice of those policies. For the purposes of this	129
division, notice of those policies shall be deemed sufficient if	130
an electronic mail service provider maintains an easily accessible	131
web page containing its policies regarding electronic mail	132
advertisements and can demonstrate that notice was supplied via	133
electronic means between the sending and receiving computers.	134

(D) No electronic mail service provider shall be liable for	135
transmitting another person's electronic mail advertisement	136
through its service in violation of this section, or shall be	137
liable for any action it voluntarily takes in good faith to block	138
the receipt or transmission through its service of any electronic	139
mail advertisement that it believes is, or will be sent, in	140
violation of this section.	141

(E) A recipient of an electronic mail advertisement	142
transmitted in violation of division (B) of this section may bring	143
a civil action against a person who transmitted that advertisement	144
or caused it to be transmitted. In that action, the recipient may	145
recover the following:	146

(1) One hundred dollars for each violation, not to exceed a	147
total of fifty thousand dollars;	148

(2) Reasonable attorney's fees, court costs, and other costs	149
of bringing the action.	150

(F) An electronic mail service provider whose authority or	151
policy has been contravened in violation of division (C) of this	152
section may bring a civil action against a person who transmitted	153
that advertisement or caused it to be transmitted. In that action,	154
the electronic mail service provider may recover the following:	155

(1)(a) Fifty dollars for each violation of division (C) of	156
this section, not to exceed fifty thousand dollars;	157

(b) If a violation of division (C) of this section is a	158
willful or knowing violation, the court may increase the amount	159
recoverable to an amount not to exceed five hundred thousand	160
dollars.	161

(c) If a violation of division (C) of this section is	162
accompanied by a violation of division (H) of this section, there	163
shall be no limit on the amount that may be recovered pursuant to	164
this section.	165

(2) Reasonable attorney's fees, court costs, and other costs	166
of bringing the action.	167

(G) In addition to any recovery that is allowed under	168
divisions (E) or (F) of this section, the recipient of an	169
electronic mail advertisement transmitted in violation of division	170
(B) of this section or the electronic mail service provider of an	171
advertisement transmitted in violation of division (C) of this	172
section may apply to the court of common pleas of the county in	173
which the recipient resides or the service provider is located for	174
an order enjoining the person who transmitted or caused to be	175
transmitted that electronic mail advertisement from transmitting	176
or causing to be transmitted to the recipient any additional	177
electronic mail advertisement.	178

(H) No person shall use a computer, a computer network, a	179
computer program, or the computer services of an electronic mail	180
service provider with the intent to forge an originating address	181
or other routing information, in any manner, in connection with	182
the transmission of an electronic mail advertisement through or	183
into the network of an electronic mail service provider or its	184
subscribers. Each use of a computer, a computer network, a	185
computer program, or the computer services of an electronic mail	186
service provider in violation of this division constitutes a	187
separate offense. A person who violates this division is guilty of	188
forgery under section 2913.31 of the Revised Code.	189

Sec. 2913.01.  As used in this chapter, unless the context	190
requires that a term be given a different meaning:	191

(A) "Deception" means knowingly deceiving another or causing	192
another to be deceived by any false or misleading representation,	193
by withholding information, by preventing another from acquiring	194
information, or by any other conduct, act, or omission that	195
creates, confirms, or perpetuates a false impression in another,	196
including a false impression as to law, value, state of mind, or	197
other objective or subjective fact.	198

(B) "Defraud" means to knowingly obtain, by deception, some	199
benefit for oneself or another, or to knowingly cause, by	200
deception, some detriment to another.	201

(C) "Deprive" means to do any of the following:

202

(1) Withhold property of another permanently, or for a period	203
that appropriates a substantial portion of its value or use, or	204
with purpose to restore it only upon payment of a reward or other	205
consideration;	206

(2) Dispose of property so as to make it unlikely that the	207
owner will recover it;	208

(3) Accept, use, or appropriate money, property, or services,	209
with purpose not to give proper consideration in return for the	210
money, property, or services, and without reasonable justification	211
or excuse for not giving proper consideration.	212

(D) "Owner" means, unless the context requires a different	213
meaning, any person, other than the actor, who is the owner of,	214
who has possession or control of, or who has any license or	215
interest in property or services, even though the ownership,	216
possession, control, license, or interest is unlawful.	217

(E) "Services" include labor, personal services, professional	218
services, public utility services including wireless service as	219
defined in section 4931.40 of the Revised Code, common carrier	220
services, and food, drink, transportation, entertainment, and	221
cable television services and, for purposes of section 2913.04 of	222
the Revised Code, include cable services as defined in that	223
section.	224

(F) "Writing" means any computer software, document, letter,	225
memorandum, note, paper, plate, data, film, or other thing having	226
in or upon it any written, typewritten, or printed matter, and any	227
token, stamp, seal, credit card, badge, trademark, label, or other	228
symbol of value, right, privilege, license, or identification.	229

(G) "Forge" means to fabricate or create, in whole or in part	230
and by any means, any spurious writing, or to make, execute,	231
alter, complete, reproduce, or otherwise purport to authenticate	232
any writing, when the writing in fact is not authenticated by that	233
conduct.	234

(H) "Utter" means to issue, publish, transfer, use, put or	235
send into circulation, deliver, or display.	236

(I) "Coin machine" means any mechanical or electronic device	237
designed to do both of the following:	238

(1) Receive a coin, bill, or token made for that purpose;

239

(2) In return for the insertion or deposit of a coin, bill,	240
or token, automatically dispense property, provide a service, or	241
grant a license.	242

(J) "Slug" means an object that, by virtue of its size,	243
shape, composition, or other quality, is capable of being inserted	244
or deposited in a coin machine as an improper substitute for a	245
genuine coin, bill, or token made for that purpose.	246

(K) "Theft offense" means any of the following:

247

(1) A violation of section 2911.01, 2911.02, 2911.11,	248
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	249
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	250
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	251
2913.47, former section 2913.47 or 2913.48, or section 2913.51,	252
2915.05, or 2921.41 of the Revised Code;	253

(2) A violation of an existing or former municipal ordinance	254
or law of this or any other state, or of the United States,	255
substantially equivalent to any section listed in division (K)(1)	256
of this section or a violation of section 2913.41, 2913.81, or	257
2915.06 of the Revised Code as it existed prior to July 1, 1996;	258

(3) An offense under an existing or former municipal	259
ordinance or law of this or any other state, or of the United	260
States, involving robbery, burglary, breaking and entering, theft,	261
embezzlement, wrongful conversion, forgery, counterfeiting,	262
deceit, or fraud;	263

(4) A conspiracy or attempt to commit, or complicity in	264
committing, any offense under division (K)(1), (2), or (3) of this	265
section.	266

(L) "Computer services" includes, but is not limited to, the	267
use of a computer system, computer network, computer program, data	268
that is prepared for computer use, or data that is contained	269
within a computer system or computer network.	270

(M) "Computer" means an electronic device that performs	271
logical, arithmetic, and memory functions by the manipulation of	272
electronic or magnetic impulses. "Computer" includes, but is not	273
limited to, all input, output, processing, storage, computer	274
program, or communication facilities that are connected, or	275
related, in a computer system or network to an electronic device	276
of that nature.	277

(N) "Computer system" means a computer and related devices,	278
whether connected or unconnected, including, but not limited to,	279
data input, output, and storage devices, data communications	280
links, and computer programs and data that make the system capable	281
of performing specified special purpose data processing tasks.	282

(O) "Computer network" means a set of related and remotely	283
connected computers and communication facilities that includes	284
more than one computer system that has the capability to transmit	285
among the connected computers and communication facilities through	286
the use of computer facilities.	287

(P) "Computer program" means an ordered set of data	288
representing coded instructions or statements that, when executed	289
by a computer, cause the computer to process data.	290

(Q) "Computer software" means computer programs, procedures,	291
and other documentation associated with the operation of a	292
computer system.	293

(R) "Data" means a representation of information, knowledge,	294
facts, concepts, or instructions that are being or have been	295
prepared in a formalized manner and that are intended for use in a	296
computer, computer system, or computer network. For purposes of	297
section 2913.47 of the Revised Code, "data" has the additional	298
meaning set forth in division (A) of that section.	299

(S) "Cable television service" means any services provided by	300
or through the facilities of any cable television system or other	301
similar closed circuit coaxial cable communications system, or any	302
microwave or similar transmission service used in connection with	303
any cable television system or other similar closed circuit	304
coaxial cable communications system.	305

(T) "Gain access" means to approach, instruct, communicate	306
with, store data in, retrieve data from, or otherwise make use of	307
any resources of a computer, computer system, or computer network,	308
or any cable service or cable system both as defined in section	309
2913.04 of the Revised Code.	310

(U) "Credit card" includes, but is not limited to, a card,	311
code, device, or other means of access to a customer's account for	312
the purpose of obtaining money, property, labor, or services on	313
credit, or for initiating an electronic fund transfer at a	314
point-of-sale terminal, an automated teller machine, or a cash	315
dispensing machine. It also includes a county procurement card	316
issued under section 301.29 of the Revised Code.	317

(V) "Electronic fund transfer" has the same meaning as in 92	318
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	319

(W) "Rented property" means personal property in which the	320
right of possession and use of the property is for a short and	321
possibly indeterminate term in return for consideration; the	322
rentee generally controls the duration of possession of the	323
property, within any applicable minimum or maximum term; and the	324
amount of consideration generally is determined by the duration of	325
possession of the property.	326

(X) "Telecommunication" means the origination, emission,	327
dissemination, transmission, or reception of data, images,	328
signals, sounds, or other intelligence or equivalence of	329
intelligence of any nature over any communications system by any	330
method, including, but not limited to, a fiber optic, electronic,	331
magnetic, optical, digital, or analog method.	332

(Y) "Telecommunications device" means any instrument,	333
equipment, machine, or other device that facilitates	334
telecommunication, including, but not limited to, a computer,	335
computer network, computer chip, computer circuit, scanner,	336
telephone, cellular telephone, pager, personal communications	337
device, transponder, receiver, radio, modem, or device that	338
enables the use of a modem.	339

(Z) "Telecommunications service" means the providing,	340
allowing, facilitating, or generating of any form of	341
telecommunication through the use of a telecommunications device	342
over a telecommunications system.	343

(AA) "Counterfeit telecommunications device" means a	344
telecommunications device that, alone or with another	345
telecommunications device, has been altered, constructed,	346
manufactured, or programmed to acquire, intercept, receive, or	347
otherwise facilitate the use of a telecommunications service or	348
information service without the authority or consent of the	349
provider of the telecommunications service or information service.	350
"Counterfeit telecommunications device" includes, but is not	351
limited to, a clone telephone, clone microchip, tumbler telephone,	352
or tumbler microchip; a wireless scanning device capable of	353
acquiring, intercepting, receiving, or otherwise facilitating the	354
use of telecommunications service or information service without	355
immediate detection; or a device, equipment, hardware, or software	356
designed for, or capable of, altering or changing the electronic	357
serial number in a wireless telephone.	358

(BB)(1) "Information service" means, subject to division	359
(BB)(2) of this section, the offering of a capability for	360
generating, acquiring, storing, transforming, processing,	361
retrieving, utilizing, or making available information via	362
telecommunications, including, but not limited to, electronic	363
publishing.	364

(2) "Information service" does not include any use of a	365
capability of a type described in division (BB)(1) of this section	366
for the management, control, or operation of a telecommunications	367
system or the management of a telecommunications service.	368

(CC) "Elderly person" means a person who is sixty-five years	369
of age or older.	370

(DD) "Disabled adult" means a person who is eighteen years of	371
age or older and has some impairment of body or mind that makes	372
the person unfit to work at any substantially remunerative	373
employment that the person otherwise would be able to perform and	374
that will, with reasonable probability, continue for a period of	375
at least twelve months without any present indication of recovery	376
from the impairment, or who is eighteen years of age or older and	377
has been certified as permanently and totally disabled by an	378
agency of this state or the United States that has the function of	379
so classifying persons.	380

(EE) "Firearm" and "dangerous ordnance" have the same	381
meanings as in section 2923.11 of the Revised Code.	382

(FF) "Motor vehicle" has the same meaning as in section	383
4501.01 of the Revised Code.	384

(GG) "Dangerous drug" has the same meaning as in section	385
4729.01 of the Revised Code.	386

(HH) "Drug abuse offense" has the same meaning as in section	387
2925.01 of the Revised Code.	388

Sec. 4931.40.  As used in sections 4931.40 to 4931.544931.71	389
of the Revised Code:	390

(A) "9-1-1 system" means a system through which individuals	391
can request emergency service using the telephone number 9-1-1.	392

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	393
provides information on the nature of and the location of an	394
emergency, and the personnel receiving the call must determine the	395
appropriate emergency service provider to respond at that	396
location.	397

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	398
providing both enhanced wireline 9-1-1 and wireless enhanced	399
9-1-1.	400

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	401
the wireline telephone network system, in providing wireline	402
9-1-1, automatically provides to personnel receiving the call,	403
immediately on answering the 9-1-1 call, information on the	404
location and the telephone number from which the call is being	405
made, and routes the call to emergency service providers that	406
serve the location from which the call is made and immediately	407
provides to personnel answering the 9-1-1 call information on the	408
location and the telephone number from which the call is being	409
made.	410

(D)(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that,	411
in providing wireless 9-1-1, has the capabilities of phase I and,	412
to the extent available, phase II enhanced 9-1-1 services as	413
described in 47 C.F.R. 20.18 (d) to (h).	414

(F) "Wireless service" means federally licensed commercial	415
mobile service as defined in 47 U.S.C. 332(d) and further defined	416
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	417
service provided by any wireless, two-way communications device,	418
including a radio-telephone communications line used in cellular	419
telephone service or personal communications service, a network	420
radio access line, or any functional or competitive equivalent of	421
such a radio-telephone communications or network radio access	422
line.	423

(G) "Wireless service provider" means a facilities-based	424
provider of wireless service to one or more end users in this	425
state.	426

(H) "Wireless 9-1-1" means the emergency call response	427
service provided by a 9-1-1 system pursuant to a call originating	428
in the network of a wireless service provider.	429

(I) "Wireless 9-1-1 service funds" means the funds created	430
under divisions (A) and (B) of section 4931.63 of the Revised	431
Code.	432

(J)"Wireline 9-1-1" means the emergency call response	433
service provided by a 9-1-1 system pursuant to a call originating	434
in the network of a wireline service provider.	435

(K) "Wireline service provider" means a facilities-based	436
provider of wireline service to one or more end-users in this	437
state.	438

(L) "Wireline service" means basic local exchange service, as	439
defined in section 4927.01 of the Revised Code, that is	440
transmitted by means of interconnected wires or cables by a	441
wireline service provider authorized by the public utilities	442
commission.	443

(M) "Wireline telephone network" means the selective router	444
and data base processing systems, trunking and data wiring cross	445
connection points at the public safety answering point, and all	446
other voice and data components of the 9-1-1 system.	447

(N) "Subdivision" means a county, municipal corporation,	448
township, township fire district, joint fire district, township	449
police district, joint ambulance district, or joint emergency	450
medical services district that provides emergency service within	451
its territory, or that contracts with another municipal	452
corporation, township, or district or with a private entity to	453
provide such service; and a state college or university, port	454
authority, or park district of any kind that employs law	455
enforcement officers that act as the primary police force on the	456
grounds of the college or university or port authority or in the	457
parks operated by the district.	458

(E)(O) "Emergency service" means emergency policelaw	459
enforcement, firefighting, ambulance, rescue, and medical service.	460

(F)(P) "Emergency service provider" means the state highway	461
patrol and an emergency service department or unit of a	462
subdivision or that operates inprovides emergency service to a	463
subdivision under contract with the subdivision.	464

(G)(Q) "Public safety answering point" means a facility to	465
which 9-1-1 system calls for a specific territory are initially	466
routed for response and where subdivision personnel respond to	467
specific requests for emergency service by directly dispatching	468
the appropriate emergency service provider, relaying a message to	469
the appropriate provider, or transferring the call to the	470
appropriate provider.	471

(H)(R) "Customer premises equipment" means telecommunications	472
equipment, including telephone instruments, on the premises of a	473
public safety answering point that is used in answering and	474
responding to 9-1-1 system calls.	475

(I)(S) "Municipal corporation in the county" includes any	476
municipal corporation that is wholly contained in the county and	477
each municipal corporation located in more than one county that	478
has a greater proportion of its territory in the county to which	479
the term refers than in any other county.	480

(J)(T) "Board of county commissioners" includes the	481
legislative authority of a county established under Section 3 of	482
Article X, Ohio Constitution, or Chapter 302. of the Revised Code.	483

(K)(U) "Final plan" means a final plan adopted under division	484
(B) of section 4931.44 of the Revised Code and, except as	485
otherwise expressly provided, an amended final plan adopted under	486
section 4931.45 of the Revised Code.	487

(L)(V) "Subdivision served by a public safety answering	488
point" means a subdivision that provides emergency service for any	489
part of its territory that is located within the territory of a	490
public safety answering point whether the subdivision provides the	491
emergency service with its own employees or pursuant to a	492
contract.	493

(M)(W) A township's population includes only population of	494
the unincorporated portion of the township.	495

(N)(X) "Telephone company" means a company engaged in the	496
business of providing local exchange telephone service by making	497
available or furnishing access and a dial tone to persons within a	498
local calling area for use in originating and receiving voice	499
grade communications over a switched network operated by the	500
provider of the service within the area and gaining access to	501
other telecommunications services. "Telephone company" includes a	502
wireline service provider and a wireless service provider unless	503
otherwise expressly specified, except that, for purposes of	504
sections 4931.52 and 4931.53 of the Revised Code, "telephone	505
company" means a wireline service provider.	506

Sec. 4931.41.  (A)(1) A countywide 9-1-1 system shall include	507
all of the territory of the townships and municipal corporations	508
in the county and any portion of such a municipal corporation that	509
extends into an adjacent county.	510

(2) The system shall exclude any territory served by a	511
telephone companywireline service provider that is not capable of	512
reasonably meeting the technical and economic requirements of	513
providing the wireline telephone network portion of the countywide	514
system for that territory. The system shall exclude from enhanced	515
9-1-1 service any territory served by a telephone companywireline	516
service provider that is not capable of reasonably meeting the	517
technical and economic requirements of providing the wireline	518
telephone network portion of an enhanced 9-1-1 service for that	519
territory. If a 9-1-1 planning committee and a telephone company	520
wireline service provider do not agree on whether the telephone	521
companyprovider is so capable, the committee shall notify the	522
public utilities commission, and the commission shall determine	523
whether the companywireline service provider is so capable. The	524
committee shall ascertain whether such disagreement exists before	525
making its implementation proposal under division (A) of section	526
4931.43 of the Revised Code. The commission's determination shall	527
be in the form of an order. No final plan shall require a	528
telephone companywireline service provider to provide the	529
wireline telephone network portion of a 9-1-1 system that the	530
commission has determined the companyprovider is not reasonably	531
capable of providing.	532

(B) A countywide 9-1-1 system may be a basic or enhanced	533
9-1-1 system, or a combination of the two,and shall be for the	534
purpose of providing both wireline 9-1-1 and wireless 9-1-1.	535

(C) Every emergency service provider that provides emergency	536
service within the territory of a countywide 9-1-1 system shall	537
participate in the countywide system.	538

(D)(1) Each public safety answering point shall be operated	539
by a subdivision and shall be operated constantly.	540

(2) A subdivision that operates a public safety answering	541
point shall pay all of the costs associated with establishing,	542
equipping, furnishing, operating, and maintaining that facility	543
and shall allocate those costs among itself and the subdivisions	544
served by the answering point based on the allocation formula in a	545
final plan. The telephone companywireline service provider or	546
other entity that provides or maintains the customer premises	547
equipment shall bill the operating subdivision for the cost of	548
providing such equipment, or its maintenance. A wireless service	549
provider and a subdivision operating a public safety answering	550
point may enter into a service agreement for providing wireless	551
enhanced 9-1-1 pursuant to a final plan adopted under sections	552
4931.40 to 4931.71 of the Revised Code.	553

(E) Except to the extent provided in a final plan that	554
provides for funding of a 9-1-1 system in part through charges	555
imposed under section 4931.51 of the Revised Code, each	556
subdivision served by a public safety answering point shall pay	557
the subdivision that operates the answering point the amount	558
computed in accordance with the allocation formula set forth in	559
the final plan.	560

(F) Notwithstanding any other provision of law, the purchase	561
or other acquisition, installation, and maintenance of the	562
telephone network for a 9-1-1 system and the purchase or other	563
acquisition, the installation, and maintenance of customer	564
premises equipment at a public safety answering point made in	565
compliance with a final plan or an agreement under section 4931.48	566
of the Revised Code, including customer premises equipment used to	567
provide wireless enhanced 9-1-1, are not subject to any	568
requirement of competitive bidding.	569

(G) Each emergency service provider participating in a	570
countywide 9-1-1 system shall maintain a telephone number in	571
addition to 9-1-1.	572

(H) Whenever a final plan provides for the implementation of	573
basic 9-1-1 service, the planning committee shall so notify the	574
public utilities commission, which shall determine whether the	575
telephone companieswireline service providers serving the	576
territory covered by the plan are capable of reasonably meeting	577
the technical and economic requirements of providing the wireline	578
telephone network portion of an enhanced 9-1-1 system. The	579
determination shall be made solely for purposes of division	580
(C)(2)(a) of section 4931.47 of the Revised Code.	581

(I) If the public safety answering point personnel reasonably	582
determine that a 9-1-1 call is not an emergency, the personnel,as	583
applicable, shall provide the caller with the telephone number of	584
theany appropriate emergency service providersubdivision agency.	585

(J) Nothing in sections 4931.40 to 4931.71 of the Revised	586
Code precludes a final plan adopted in accordance with those	587
sections from providing that, by agreement included in the plan,	588
the state highway patrol or one or more public safety answering	589
points of another countywide 9-1-1 system is the public safety	590
answering point or points for the provision of wireless enhanced	591
9-1-1 for all or part of the territory of a countywide 9-1-1	592
system. In that event, the county for which the wireless enhanced	593
9-1-1 is provided shall be deemed the subdivision operating the	594
public safety answering point or points for purposes of sections	595
4931.40 to 4931.71 of the Revised Code, except that, for the	596
purpose of division (D)(2) of this section, the county shall pay	597
only so much of the costs associated with establishing, equipping,	598
furnishing, operating, or maintaining any such public safety	599
answering point as are specified in the agreement.	600

Sec. 4931.43.  (A) The 9-1-1 planning committee shall prepare	601
a proposal on the implementation of a countywide 9-1-1 system and	602
shall hold a public meeting on the proposal to explain the system	603
to and receive comments from public officials. At least thirty but	604
not more than sixty days before the meeting, the committee shall	605
send a copy of the implementation proposal and written notice of	606
the meeting:	607

(1) By certified mail, to the board of county commissioners,	608
the legislative authority of each municipal corporation in the	609
county, and to the board of trustees of each township in the	610
county; and	611

(2) To the board of trustees, directors, or park	612
commissioners of each subdivision that will be served by a public	613
safety answering point under the plan.	614

(B) The proposal and the final plan adopted by the committee	615
shall specify:	616

(1) Which telephone companies serving customers in the county	617
and, as authorized in division (A) of section 4931.42 of the	618
Revised Code, in an adjacent county will participate in the 9-1-1	619
system;	620

(2) The location and number of public safety answering	621
points; how they will be connected to a company's telephone	622
network; from what geographic territory each will receive 9-1-1	623
calls; whether basic or enhanced 9-1-1 service will be provided	624
within such territory; what subdivisions will be served by the	625
answering point; and whether an answering point will respond to	626
calls by directly dispatching an emergency service provider, by	627
relaying a message to the appropriate provider, or by transferring	628
the call to the appropriate provider;	629

(3) What subdivision will establish, equip, furnish, operate,	630
and maintain each public safety answering point;	631

(4) A projection of the initial cost of establishing,	632
equipping, and furnishing and of the annual cost of the first five	633
years of operating and maintaining each public safety answering	634
point;	635

(5) Whether the cost of establishing, equipping, furnishing,	636
operating, or maintaining each public safety answering point	637
should be funded through charges imposed under section 4931.51 of	638
the Revised Code or will be allocated among the subdivisions	639
served by the answering point and, if any such cost is to be	640
allocated, the formula for so allocating it;	641

(6) How each emergency service provider will respond to a	642
misdirected call.	643

(C) Following the meeting required by this section, the 9-1-1	644
planning committee may modify the implementation proposal and, no	645
later than nine months after the resolution authorized by section	646
4931.414931.42 of the Revised Code is adopted, may adopt, by	647
majority vote, adopt a final plan for implementing a countywide	648
9-1-1 system. If a planning committee and telephone company	649
wireline service provider do not agree on whether the telephone	650
companywireline service provider is capable of providing the	651
wireline telephone network as described under division (A) of	652
section 4931.41 of the Revised Code and the planning committee	653
refers that question to the public utilities commission, the	654
commission may extend the nine-month deadline established by this	655
division to twelve months. Immediately on completion of the plan,	656
the committee shall send a copy of the final plan:	657

(1) By certified mail to the board of county commissioners of	658
the county, to the legislative authority of each municipal	659
corporation in the county, and to the board of township trustees	660
of each township in the county; and	661

(2) To the board of trustees, directors, or park	662
commissioners of each subdivision that will be served by a public	663
safety answering point under the plan.	664

(D) If the committee has not adopted a final plan on or	665
before the deadline in division (C) of this section, the committee	666
shall cease to exist. A new 9-1-1 planning committee may be	667
convened in the manner established in section 4931.42 of the	668
Revised Code to develop an implementation proposal and final plan	669
in accordance with the requirements of sections 4931.42 to 4931.44	670
of the Revised Code.	671

Sec. 4931.44.  (A) Within sixty days after receipt of the	672
final plan pursuant to division (C) of section 4931.43 of the	673
Revised Code, the board of county commissioners of the county and	674
the legislative authority of each municipal corporation in the	675
county and of each township whose territory is proposed to be	676
included in a countywide 9-1-1 system shall act by resolution to	677
approve or disapprove the plan, except that, with respect to a	678
final plan that provides for funding of the 9-1-1 system in part	679
through charges imposed under section 4931.51 of the Revised Code,	680
the board of county commissioners shall not act by resolution to	681
approve or disapprove the plan until after a resolution adopted	682
under section 4931.51 of the Revised Code has become effective as	683
provided in division (D) of that section. A municipal corporation	684
or township whose territory is proposed to be included in the	685
system includes any municipal corporation or township in which a	686
part of its territory is excluded pursuant to division (A)(2) of	687
section 4931.41 of the Revised Code. Each such authority shall	688
immediately shall notify the board of county commissioners in	689
writing of its approval or disapproval of the final plan. Failure	690
by a board or legislative authority to notify the board of county	691
commissioners of approval or disapproval within such sixty-day	692
period shall be deemed disapproval by suchthe board or authority.	693

(B) As used in this division, "county's population" excludes	694
the population of any municipal corporation or township that,	695
under the plan, is completely excluded from 9-1-1 service in the	696
county's final plan. A countywide plan will becomeis effective if	697
all of the following entities approve the plan in accordance with	698
this section:	699

(1) The board of county commissioners;

700

(2) The legislative authority of a municipal corporation that	701
contains at least thirty per cent of the county's population, if	702
any;	703

(3) The legislative authorities of municipal corporations and	704
townships that contain at least sixty per cent of the county's	705
population or, if the plan has been approved by a municipal	706
corporation that contains at least sixty per cent of the county's	707
population, by the legislative authorities of municipal	708
corporations and townships that contain at least seventy-five per	709
cent of the county's population.	710

(C) After a countywide plan approved in accordance with this	711
section is adopted, all of the telephone companies and	712
subdivisions included in the plan are subject to the specific	713
requirements of the plan and to sections 4931.40 to 4931.54	714
4931.70 of the Revised Code.	715

Sec. 4931.45.  (A) AAn amended final plan may be amended to	716
expandis required for any of the following purposes:	717

(1) Expanding the territory included in the countywide 9-1-1	718
system, to upgrade;	719

(2) Upgrading any part or all of a system from basic 9-1-1 to	720
enhanced 9-1-1 service, to adjust;	721

(3) Adjusting the territory served by a public safety	722
answering point, to represcribe;	723

(4) Represcribing the funding of public safety answering	724
points as between the alternatives set forth in division (B)(5) of	725
section 4931.43 of the Revised Code, or to make;	726

(5) Providing for wireless enhanced 9-1-1;

727

(6) Adding a telephone company as a participant in a	728
countywide 9-1-1 system after the implementation of wireline 9-1-1	729
or wireless enhanced 9-1-1;	730

(7) Providing that the state highway patrol or one or more	731
public safety answering points of another countywide 9-1-1 system	732
function as a public safety answering point or points for the	733
provision of wireless 9-1-1 for all or part of the territory of	734
the system, as contemplated under division (J) of section 4931.41	735
of the Revised Code;	736

(8) Making any other necessary adjustments to the plan only	737
by convening a new 9-1-1 planning committee, and adopting an	738
amended final plan. The convening of a new 9-1-1 planning	739
committee and the proposal and adoption of an amended final plan	740
shall be made in the same manner required for the convening of an	741
initial committee and adoption of an original proposed and final	742
plan under sections 4931.42 to 4931.44 of the Revised Code.	743
Adoption	744

The adoption of an amended final plan under this division	745
shall be subject to, and accomplished in the manner of the	746
adoption of an initial final plan under, sections 4931.42 to	747
4931.44 of the Revised Code, including the requirements for the	748
convening of a 9-1-1 planning committee and development of a	749
proposed plan prior to the adoption of the final plan. However, a	750
final plan is deemed amended for the purpose described in division	751
(A)(6) of this section upon the filing, with the board of county	752
commissioners of the county that approved the final plan for the	753
countywide 9-1-1 system, of a written letter of intent by the	754
entity to be added as a participant in the 9-1-1 system. The	755
entity shall send written notice of the filing to all subdivisions	756
and telephone companies participating in the system. Further,	757
adoption of any resolution under section 4931.51 of the Revised	758
Code pursuant to a final plan that both has been adopted and	759
provides for funding through charges imposed under that section is	760
not an amendment of a final plan for the purpose of this division.	761

(B) When a final plan is amended to expand the territory that	762
receives 9-1-1 service or to upgrade a 9-1-1 system from basic to	763
enhanced 9-1-1 servicefor any purpose described in division	764
(A)(1), (2), (5), or (6) of this section, the provisions of	765
sections 4931.47 and 5727.39 of the Revised Code apply with	766
respect to the telephone company's recovery of the nonrecurring	767
and recurring rates and charges for the wireline telephone network	768
portion of the 9-1-1 system.	769

Sec. 4931.46.  (A) Within three years from the date aan	770
initial final plan becomes effective under division (B) of section	771
4931.44 of the Revised Code, the telephone companieswireline	772
service providers designated in the plan shall have installed the	773
wireline telephone network portion of the 9-1-1 system according	774
to the terms, conditions, requirements, and specifications set	775
forth in that plan.	776

(B)(1) Upon installation of a countywide 9-1-1 system, the	777
board of county commissioners may direct the county engineer to	778
erect and maintain at the county boundaries on county roads and	779
state and interstate highways, signs indicating the availability	780
of a countywide 9-1-1 system. Any sign erected by a county under	781
this section shall be erected in accordance with and meet the	782
specifications established under division (B)(2) of this section.	783
All expenses incurred in erecting and maintaining the signs shall	784
be paid by the county.	785

(2) The director of transportation shall develop design	786
specifications for signs giving notice of the availability of a	787
countywide 9-1-1 system. The director also shall establish	788
standards for the erection of the signs and, in accordance with	789
federal law and regulations and recognized engineering practices,	790
specify those locations where the signs shall not be erected.	791

Sec. 4931.47.  (A) In accordance with Chapters 4901., 4903.,	792
4905., 4909., and 4931. of the Revised Code, the public utilities	793
commission shall determine the just, reasonable, and compensatory	794
rates, tolls, classifications, charges, or rentals to be observed	795
and charged for the wireline telephone network portion of a basic	796
andor enhanced 9-1-1 system, and each telephone company that is a	797
wireline service provider participating in the system shall be	798
subject to such chapters, to the extent they apply, as to the	799
service provided by its portion of the wireline telephone network	800
for the system as described in the final plan or to be installed	801
pursuant to agreements under section 4931.48 of the Revised Code,	802
and as to the rates, tolls, classifications, charges, or rentals	803
to be observed and charged for that service.	804

(B) Only the customers of a participating telephone company	805
described in division (A) of this section that are served within	806
the area covered by a 9-1-1 system shall pay the recurring rates	807
for the maintenance and operation of the company's portion of the	808
wireline telephone network in providing 9-1-1 serviceof the	809
system. Such rates shall be computed by dividing the total monthly	810
recurring rates set forth in a telephonethe company's schedule as	811
filed in accordance with section 4905.30 of the Revised Code, by	812
the total number of residential and business customer access	813
lines, or their equivalent, within the area served. Each	814
residential and business customer within the area served shall pay	815
the recurring rates based on the number of its residential and	816
business customer access lines or their equivalent. No company may	817
shall include such amount on any customer's bill until the company	818
has completed its portion of the wireline telephone network in	819
accordance with the terms, conditions, requirements, and	820
specifications of the final plan or an agreement made under	821
section 4931.48 of the Revised Code.	822

(C)(1) Except as otherwise provided in division (C)(2)(a)or	823
(b) of this section, a participating telephone company described	824
in division (A) of this section may receive through the credit	825
authorized by section 5733.55 of the Revised Code the total	826
nonrecurring charges for its portion of the wireline telephone	827
network used in providing 9-1-1 service,of the system, including	828
wireless 9-1-1, and the total nonrecurring charges for any	829
updating or modernization of that wireline telephone network in	830
accordance with the terms, conditions, requirements, and	831
specifications of the final plan or pursuant to agreements under	832
section 4931.48 of the Revised Code, as any such charges are set	833
forth in the schedule filed by a telephone company in accordance	834
with section 4905.30 of the Revised Code, on completion of the	835
installation of the network in accordance with the terms,	836
conditions, requirements, and specifications of the final plan or	837
pursuant to section 4931.48 of the Revised Code shall be recovered	838
by the company through the credit authorized by section 5727.39 of	839
the Revised Code.As applicable, the receipt of those charges	840
shall occur only upon the completion of the installation of the	841
network or the completion of the updating or modernization.	842

(2)(a) The credit shall not be allowed under division (C)(1)	843
of this section for the upgrading of a system from basic to	844
enhanced wireline 9-1-1 service whenif both of the following	845
apply:	846

(a)(i) The telephone company received the credit for the	847
wireline telephone network portion of the basic 9-1-1 system now	848
proposed to be upgraded; and.	849

(b)(ii) At the time the final plan or agreement pursuant to	850
section 4931.48 of the Revised Code calling for the basic 9-1-1	851
system was agreed to, the telephone company was capable of	852
reasonably meeting the technical and economic requirements of	853
providing the wireline telephone network portion of an enhanced	854
9-1-1 system within the territory proposed to be upgraded, as	855
determined by the public utilities commission under division (A)	856
or (H) of section 4931.41 or division (C) of section 4931.48 of	857
the Revised Code.	858

(b)The credit shall not be allowed under division (C)(1) of	859
this section for any portion of the total nonrecurring charges for	860
the wireline telephone network used in providing wireless 9-1-1,	861
as set forth in the schedule filed by the telephone company in	862
accordance with section 4905.30 of the Revised Code, to the extent	863
the telephone company, in otherwise providing 9-1-1 service,	864
previously received those charges through the credit authorized by	865
section 5733.55 of the Revised Code, or receives or received those	866
charges from a wireless service provider pursuant to a tariff or	867
contract.	868

(3) When the credit is not allowed under division (C)(2)(a)	869
of this section, the total nonrecurring charges for the wireline	870
telephone network used in providing 9-1-1 service, as set forth in	871
the schedule filed by a telephone company in accordance with	872
section 4905.30 of the Revised Code, on completion of the	873
installation of the network in accordance with the terms,	874
conditions, requirements, and specifications of the final plan or	875
pursuant to section 4931.48 of the Revised Code, shall be paid by	876
the municipal corporations and townships with any territory in the	877
area in which such upgrade from basic to enhanced 9-1-1 service is	878
made.	879

(D) Where customer premises equipment for a public safety	880
answering point is supplied by a telephone company that is	881
required to file a schedule under section 4905.30 of the Revised	882
Code pertaining to customer premises equipment, the recurring and	883
nonrecurring rates and charges for the installation and	884
maintenance of the equipment specified in the schedule shall	885
apply.	886

Sec. 4931.48.  (A) If a final plan is disapproved under	887
division (B) of section 4931.44 of the Revised Code, by	888
resolution, the legislative authority of a municipal corporation	889
or township that contains at least thirty per cent of the county's	890
population may establish within its boundaries, or the legislative	891
authorities of a group of municipal corporations or townships each	892
of which is contiguous with at least one other such municipal	893
corporation or township in the group, together containing at least	894
thirty per cent of the county's population, may jointly establish	895
within their boundaries a 9-1-1 system. For thisthat purpose, the	896
municipal corporation or township may enter into an agreement, and	897
the contiguous municipal corporations or townships may jointly	898
enter into an agreement with aone or more telephone company	899
providing service in the municipal corporations or townships to	900
provide for the telephone network portion of the systemcompanies.	901

(B) If no resolution has been adopted to convene a 9-1-1	902
planning committee under section 4931.42 of the Revised Code, but	903
not sooner than eighteen months after the effective date of such	904
section, by resolution, the legislative authority of any municipal	905
corporation in the county may establish within its boundaries, or	906
the legislative authorities of a group of municipal corporations	907
and townships each of which is contiguous to at least one of the	908
other such municipal corporations or townships in the group may	909
jointly establish within their boundaries, a 9-1-1 system. TheFor	910
that purpose, the municipal corporation, or contiguous municipal	911
corporations and townships, may enter into an agreement with aone	912
or more telephone company serving customers within the boundaries	913
of the municipal corporation or contiguous municipal corporations	914
and townships, to provide for the telephone network portion of a	915
9-1-1 systemcompanies.	916

(C) Whenever a telephone company that is a wireline service	917
provider and one or more municipal corporations and townships	918
enter into an agreement under division (A) or (B) of this section	919
to provide for the wireline telephone network portion of a basic	920
9-1-1 system, the telephone company shall so notify the public	921
utilities commission, which shall determine whether the telephone	922
company is capable of reasonably meeting the technical and	923
economic requirements of providing the wireline telephone network	924
for an enhanced system within the territory served by the company	925
and covered by the agreement. The determination shall be made	926
solely for the purposes of division (C)(2) of section 4931.47 of	927
the Revised Code.	928

(D) Within three years from the date of entering into an	929
initial agreement under division (A) or (B)(C) of this section,	930
the telephone company shall have installed the wireline telephone	931
network portion of the 9-1-1 system according to the terms,	932
conditions, requirements, and specifications set forth in the	933
agreement.	934

(E) TheA telephone company that is a wireline service	935
provider shall recover the cost of installing the wireline	936
telephone network system pursuant to agreements made under this	937
section as provided in sections 4931.47 and 5727.39 of the Revised	938
Code.	939

Sec. 4931.49.  (A)(1) The state, the state highway patrol, or	940
a subdivision participating in a 9-1-1 system established under	941
sections 4931.40 to 4931.71 of the Revised Code or in any other	942
public safety calling or alerting system under contract with state	943
or local government and any officer, agent, or employee, or	944
independent contractor of the state, the state highway patrol, or	945
such a participating subdivision is not liable in damages in a	946
civil action for injuries, death, or loss to persons or property	947
arising from any act or omission, except willful or wanton	948
misconduct, in connection with developing, adopting, or approving	949
any final plan or any agreement made under section 4931.48 of the	950
Revised Code or otherwise bringing into operation athe 9-1-1	951
system pursuant to those provisionssections 4931.40 to 4931.71 of	952
the Revised Code.	953

(2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory	954
group, and any member of that council or group are not liable in	955
damages in a civil action for injuries, death, or loss to persons	956
or property arising from any act or omission, except willful or	957
wanton misconduct, in connection with the development or operation	958
of a 9-1-1 system established under sections 4931.40 to 4931.71 of	959
the Revised Code.	960

(B) Except as otherwise provided in sections 701.02 and	961
section 4765.49 of the Revised Code, an individual who gives	962
emergency instructions through a 9-1-1 system established under	963
sections 4931.40 to 4931.544931.71 of the Revised Code or through	964
any other public safety calling or alerting system under contract	965
with state or local government, and the principals for whom the	966
person acts, including both employers and independent contractors,	967
public and private, and an individual who follows emergency	968
instructions and the principals for whom that person acts,	969
including both employers and independent contractors, public and	970
private, are not liable in damages in a civil action for injuries,	971
death, or loss to persons or property arising from the issuance or	972
following of emergency instructions, except where the issuance or	973
following of the instructions constitutes willful or wanton	974
misconduct.	975

(C) A telephone company, and any other installer, maintainer,	976
or provider, through the sale or otherwise, of customer premises	977
equipment, and their respective officers, directors, employees,	978
agents, and suppliers are not liable in damages in a civil action	979
for injuries, death, or loss to persons or property incurred by	980
any person resulting from such an entity's or its officers',	981
directors', employees', agents', or suppliers' participation in or	982
acts or omissions in connection with that participation	983
participating in or developing, maintaining, or operating a 9-1-1	984
system, whether that system is established pursuant to sections	985
4931.40 to 4931.544931.71 of the Revised Code or otherwise in	986
accordance with the telephone company's schedules regarding 9-1-1	987
systems filed with the public utilities commission pursuant to	988
section 4905.30 of the Revised Code by a telephone company that is	989
a wireline service provider; or in connection with participating	990
in or developing, maintaining, or operating any other public	991
safety calling or alerting system under contract with state or	992
local government.	993

(D) No person shall knowingly use the telephone number of the	994
a 9-1-1 system established under sections 4931.40 to 4931.71 of	995
the Revised Code or of any other public safety calling or alerting	996
system under contract with state or local government to report an	997
emergency if the person knows that no emergency exists.	998

(E) No person shall knowingly use a 9-1-1 system, or any	999
other public safety calling or alerting system under contract with	1000
state or local government, for a purpose other than obtaining	1001
emergency service.	1002

(F) No person shall disclose or use, for any purpose other	1003
than for the 9-1-1 system, any information concerning telephone	1004
numbers, addresses, or names obtained from the data base that	1005
serves the public safety answering point of a 9-1-1 system	1006
established under sections 4931.40 to 4931.544931.71 of the	1007
Revised Code, except thatfor any of the following purposes or	1008
under any of the following circumstances:	1009

(1) For the purpose of the 9-1-1 system;

1010

(2) For the purpose of another public safety calling or	1011
alerting system under contract with state or local government;	1012

(3) For the purpose of responding to an emergency call to an	1013
emergency service provider;	1014

(4) In the circumstance of the inadvertent disclosure of such	1015
information due solely to technology of the wireline telephone	1016
network portion of the 9-1-1 system not allowing access to the	1017
data base to be restricted to 9-1-1 specific answering lines at a	1018
public safety answering point;	1019

(5) In the circumstance of assistance given by a telephone	1020
company may disclose or use such informationthat is a wireline	1021
service provider to assist a public utility or municipal utility	1022
in handling customer calls in times of public emergency or service	1023
outages. The charge, terms, and conditions for the disclosure or	1024
use of such information by the telephone companyfor the purpose	1025
of such assistance shall be subject to the jurisdiction of the	1026
public utilities commission. In no event shall such information be	1027
disclosed or used for any purpose not permitted by this division.	1028

Sec. 4931.50. (A) The attorney general, upon request of the	1029
public utilities commission or on the attorney general's own	1030
initiative, shall begin proceedings against a subdivision or	1031
telephone company that is a wireline service provider to enforce	1032
compliance with sections 4931.40 to 4931.544931.71 of the Revised	1033
Code, or with the terms, conditions, requirements, or	1034
specifications of a final plan or of an agreement under section	1035
4931.48 of the Revised Code as to wireline or wireless 9-1-1.	1036

(B) The attorney general, upon the attorney general's own	1037
initiative, or any prosecutor, upon the prosecutor's initiative,	1038
shall begin proceedings against a subdivision as to wireline or	1039
wireless 9-1-1 to enforce compliance with sections 4931.40 to	1040
4931.71 of the Revised Code or with the terms, conditions,	1041
requirements, or specifications of a final plan or of an agreement	1042
under section 4931.48 of the Revised Code as to wireline or	1043
wireless 9-1-1.	1044

Sec. 4931.60.  There is hereby created in the department of	1045
public safety the 9-1-1 services program, headed by an Ohio 9-1-1	1046
coordinator in the unclassified civil service pursuant to division	1047
(A)(9) of section 124.11 of the Revised Code. The coordinator	1048
shall be appointed by and serve at the pleasure of the governor	1049
and shall report directly to the director of public safety. In	1050
making the appointment, the governor shall consider nominees	1051
proposed by the Ohio 9-1-1 council pursuant to section 4931.69 of	1052
the Revised Code, but may request the council to submit additional	1053
nominees and may reject any of the nominees. The director of	1054
public safety shall fix the compensation of the coordinator. The	1055
performance of the coordinator shall be evaluated by the director	1056
after considering the evaluation and recommendations of the	1057
council under section 4931.69 of the Revised Code.	1058

The Ohio 9-1-1 coordinator shall administer the wireless	1059
9-1-1 service funds under sections 4931.60 to 4931.71 of the	1060
Revised Code and otherwise carry out the coordinator's duties	1061
under those sections. The director of public safety may establish	1062
additional duties of the coordinator based on a list of	1063
recommended duties submitted by the Ohio 9-1-1 council pursuant to	1064
section 4931.69 of the Revised Code. The director may assign one	1065
or more employees of the department to assist the coordinator in	1066
carrying out the coordinator's duties. Additionally, the public	1067
utilities commission shall provide the coordinator with any	1068
technical assistance the coordinator requests in carrying out	1069
those duties.	1070

Sec. 4931.61. (A) As used in sections 4931.61 to 4931.71 of	1072
the Revised Code, "effective date of the wireless 9-1-1 charge"	1073
means, as applicable, the first day of the third month following	1074
the effective date of sections 4931.40 to 4931.71 of the Revised	1075
Code as amended or enacted by .B. of the 125th general assembly;	1076
the first day of the respective budget biennium for which the Ohio	1077
9-1-1 coordinator submits a recommendation under section 4931.70	1078
of the Revised Code; or the first day of the third month following	1079
the effective date of an act adjusting the amount of the wireless	1080
9-1-1 charge, unless the act establishes another effective date	1081
for the adjustment.	1082

(B) Beginning on the effective date of the wireless 9-1-1	1083
charge, there is hereby imposed, on each wireless telephone number	1084
of a wireless service subscriber who has a billing address in this	1085
state, a wireless 9-1-1 charge in such amount per month as is	1086
prescribed pursuant to section 4931.71 of the Revised Code. The	1087
subscriber shall pay the wireless 9-1-1 charge for each such	1088
wireless telephone number assigned to the subscriber. Each	1089
wireless service provider and each reseller of wireless service	1090
shall collect the wireless 9-1-1 charge from its subscribers as	1091
part of the wireless provider's or reseller's monthly billing	1092
process and as a separate line item on the monthly bill and shall	1093
designate that the charge is a charge for wireless enhanced 9-1-1.	1094
However, for any subscriber of prepaid wireless service, the	1095
wireless service provider or reseller shall collect the charge at	1096
the point of sale or, if the subscriber has a positive account	1097
balance on the last day of the month, shall collect the charge by	1098
reducing the subscriber's account at the end of each such month by	1099
the amount of the charge or an equivalent number of air time	1100
minutes.	1101

(C) The wireless 9-1-1 charge shall be exempt from state or	1102
local taxation.	1103

Sec. 4931.62. (A)(1) Beginning with the second month	1104
following the month in which the wireless 9-1-1 charge is first	1105
imposed under section 4931.61 of the Revised Code, a wireless	1106
service provider or reseller of wireless service, not later than	1107
the last day of each month, shall remit the full amount of all	1108
wireless 9-1-1 charges it collected for the second preceding	1109
calendar month to the Ohio 9-1-1 coordinator, with the exception	1110
of charges equivalent to the amount authorized as a billing and	1111
collection fee under division (A)(2) of this section. In doing so,	1112
the provider or reseller may remit the requisite amount in any	1113
reasonable manner consistent with its existing operating or	1114
technological capabilities, such as by customer address, location	1115
associated with the wireless telephone number, or another	1116
allocation method based on comparable, relevant data. If the	1117
wireless service provider or reseller receives a partial payment	1118
for a bill from a wireless service subscriber, the wireless	1119
service provider or reseller shall apply the payment first against	1120
the amount the subscriber owes the wireless service provider or	1121
reseller and shall remit to the coordinator such lesser amount, if	1122
any, as results from that invoice.	1123

(2) A wireless service provider or reseller of wireless	1124
service may retain as a billing and collection fee two per cent of	1125
the total wireless 9-1-1 charges it collects in any month and	1126
shall account to the coordinator for the amount retained.	1127

(B) Each subscriber on which a wireless 9-1-1 charge is	1128
imposed under division (B) of section 4931.61 of the Revised Code	1129
is liable to the state for the amount so billed. If a wireless	1130
service provider or reseller fails to collect a charge as required	1131
by that division, the wireless service provider or reseller is	1132
liable to the state for the amount not collected. If a wireless	1133
service provider or reseller collects charges under that division	1134
and fails to remit the money to the coordinator, the wireless	1135
service provider or reseller is liable to the state for any amount	1136
collected and not remitted.	1137

(C)(1) Based upon information in the tax commissioner's	1138
possession, the tax commissioner may make an assessment against	1139
any provider or reseller described in division (B) of this section	1140
that fails to collect or remit the wireless 9-1-1 charge as	1141
required by this section. The tax commissioner shall give the	1142
assessed party written notice of the assessment in the manner	1143
provided in section 5703.37 of the Revised Code. With the notice,	1144
the tax commissioner shall provide instructions on how to petition	1145
for reassessment and how to request a hearing on the petition. An	1146
assessment does not discharge a subscriber's liability to	1147
reimburse the provider or reseller for the wireless 9-1-1 charge.	1148

(2) When information in the possession of the tax	1149
commissioner indicates that the amount required to be collected or	1150
remitted is greater than the amount remitted by the provider or	1151
reseller, the tax commissioner may audit a sample of the	1152
provider's or reseller's collections and remittances for a	1153
representative period and may issue an assessment based on that	1154
audit. The tax commissioner shall make a good faith effort to	1155
reach agreement with the provider or reseller in selecting a	1156
representative sample. The tax commissioner may issue an	1157
assessment for any remittance that was due and unpaid on the date	1158
the provider or reseller was informed of the audit by an agent of	1159
the tax commissioner. If, after the provider or reseller was	1160
informed of the audit, a subscriber pays a wireless 9-1-1 charge	1161
for the period covered by the assessment, the payment shall be	1162
credited against the assessment.	1163

(3) The portion of any assessment not paid within sixty days	1164
after the date of service of the assessment notice shall bear	1165
interest from that date until paid at the rate per annum	1166
prescribed by section 5703.47 of the Revised Code. Interest shall	1167
be remitted in the same manner as the wireless 9-1-1 charge and	1168
may be collected by making an assessment under this division.	1169

(4) An assessment is final and due and payable to the	1170
treasurer of state and shall be remitted to the tax commissioner,	1171
unless the assessed party, either personally or by certified mail	1172
within sixty days after the date of service of the assessment	1173
notice, files with the tax commissioner a written petition for	1174
reassessment, signed by the party or its authorized agent having	1175
knowledge of the facts. The petition shall indicate the objections	1176
of the assessed party, but additional objections may be raised in	1177
writing if received by the tax commissioner prior to the date	1178
shown on the final determination. If the petition has been	1179
properly filed, the tax commissioner shall proceed in a manner	1180
consistent with section 5703.60 of the Revised Code.	1181

(5) After an assessment becomes final, if any portion of the	1182
assessment remains unpaid, including accrued interest, a certified	1183
copy of the tax commissioner's entry making the assessment final	1184
may be filed in the office of the clerk of the court of common	1185
pleas in the county in which the place of business of the assessed	1186
party is located. If the party maintains no place of business in	1187
this state, the certified copy of the entry may be filed in the	1188
office of the clerk of the court of common pleas of Franklin	1189
county. Immediately upon the filing, the clerk shall enter a	1190
judgment for the state against the assessed party in the amount	1191
shown on the entry. The judgment may be filed by the clerk in a	1192
loose-leaf book entitled "special judgments for wireless 9-1-1	1193
charges" and shall have the same effect as other judgments. The	1194
judgment shall be executed upon the request of the tax	1195
commissioner.	1196

(6) All money collected by the tax commissioner under this	1197
division shall be paid to the treasurer of state, for deposit to	1198
the credit of the wireless 9-1-1 service funds.	1199

Sec. 4931.63.  (A) There is hereby created the wireless 9-1-1	1200
administrative fund in the state treasury. A sufficient	1201
percentage, determined by the Ohio 9-1-1 coordinator but not to	1202
exceed two per cent, of the periodic remittances of the wireless	1203
9-1-1 charge to the coordinator under section 4931.62 of the	1204
Revised Code shall be deposited to the credit of the fund, to be	1205
used by the director of public safety to cover such nonpayroll	1206
costs and, at the discretion of the director such payroll costs,	1207
of the department of public safety as are incurred in assisting	1208
the coordinator in carrying out sections 4931.60 to 4931.71 of the	1209
Revised Code. In addition, the compensation and expenses of the	1210
coordinator shall be paid from the fund.	1211

(B) There are hereby created the wireless 9-1-1 government	1212
assistance fund and the wireless 9-1-1 service provider	1213
reimbursement fund, both of which shall be in the custody of the	1214
treasurer of state but shall not be part of the state treasury.	1215
Except as otherwise provided under division (C)(2) of section	1216
4931.71 of the Revised Code, one-half of the periodic remittances	1217
of the wireless 9-1-1 charge to the Ohio 9-1-1 coordinator	1218
pursuant to section 4931.62 of the Revised Code, remaining after	1219
the deposit required by division (A) of this section, shall be	1220
deposited to the credit of the wireless 9-1-1 government	1221
assistance fund and the wireless 9-1-1 service provider	1222
reimbursement fund, respectively. The treasurer of state shall	1223
deposit or invest the moneys in these funds in accordance with	1224
Chapter 135. of the Revised Code and any other provision of law	1225
governing public moneys of the state as defined in section 135.01	1226
of the Revised Code. The treasurer of state shall credit the	1227
interest earned to the respective fund. The treasurer of state	1228
shall disburse money from the funds solely upon order of the	1229
coordinator as authorized under sections 4931.64 and 4931.66 of	1230
the Revised Code. Annually, the treasurer of state shall certify	1231
to the coordinator the amount of moneys in the treasurer of	1232
state's custody belonging to each fund.	1233

Sec. 4931.64. (A) Prior to the first disbursement under this	1234
section and annually not later than the twenty-fifth day of July	1235
thereafter, the Ohio 9-1-1 coordinator shall do all of the	1236
following:	1237

(1) Determine, for the county, the number of wireless	1238
telephone numbers assigned to wireless service subscribers who	1239
have billing addresses within each countywide 9-1-1 system;	1240

(2) To the extent that the state highway patrol operates	1241
within all or part of a county as a public safety answering point	1242
for wireless 9-1-1 calls, not pursuant to a final plan under	1243
section 4931.44 of the Revised Code or an agreement under division	1244
(J) of section 4931.42 of the Revised Code but by default solely	1245
due to a wireless service provider so routing all such calls of	1246
its subscribers without prior permission, determine for the state	1247
highway patrol the number of wireless telephone numbers assigned	1248
to wireless service subscribers of that wireless service provider	1249
who have billing addresses within the county. Such numbers shall	1250
not be counted under division (A)(1) of this section.	1251

(3) Determine under that circumstance the state highway	1252
patrol's, and under division (A)(1) of this section each such	1253
county's, proportionate share of the wireless 9-1-1 government	1254
assistance fund for the ensuing calendar year on the basis set	1255
forth in division (B) of this section; estimate the ensuing	1256
calendar year's fund balance; compute each such county's estimated	1257
proceeds for the ensuing calendar year based on its proportionate	1258
share and the estimated fund balance; and certify such amount of	1259
proceeds to the county auditor of each such county.	1260

(B)(1) The Ohio 9-1-1 coordinator, not later than the last	1261
day of each month, shall disburse the amount credited as	1262
remittances to the wireless 9-1-1 government assistance fund	1263
during the second preceding month, plus any accrued interest on	1264
the fund except interest accrued on set aside moneys under	1265
division (B)(2) of this section. The disbursement shall be paid to	1266
each county treasurer, and to the state treasurer in the case of a	1267
disbursement to the state highway patrol as provided under	1268
division (A)(2) of this section.	1269

For the first three years of disbursements, except as	1270
provided under division (B)(2) of this section, the amount to be	1271
so disbursed monthly shall be a proportionate share of the	1272
wireless 9-1-1 government assistance fund balance based on the	1273
ratio between the following:	1274

(a) As determined for each county or for the state highway	1275
patrol by the Ohio 9-1-1 coordinator pursuant to division (A) of	1276
section 4931.67 of the Revised Code, the number of wireless	1277
telephone numbers assigned to wireless service subscribers who	1278
have billing addresses within the respective countywide 9-1-1	1279
system during the second preceding month or, for the state highway	1280
patrol, within the county during such month; and	1281

(b) The total number of wireless telephone numbers assigned	1282
to subscribers who have billing addresses within this state.	1283
However, the disbursement for each county and the state highway	1284
patrol shall not be less than twenty-five thousand dollars	1285
annually.	1286

After that time, only each county that has adopted a final	1287
plan for countywide provision of wireless enhanced 9-1-1, and the	1288
state highway patrol as provided under division (A)(2) of this	1289
section, shall receive a monthly disbursement in the amount of a	1290
proportionate share of the fund balance based on the ratio between	1291
the number of wireless telephone numbers assigned to wireless	1292
service subscribers who have billing addresses within the	1293
countywide 9-1-1 system or, for the state highway patrol, within	1294
the county, as such number is determined by the coordinator	1295
pursuant to division (A) of section 4931.67 of the Revised Code,	1296
and the total number of wireless telephone numbers assigned to	1297
subscribers who have billing addresses within all such countywide	1298
systems and counties.	1299

(2) The coordinator shall not make a disbursement under	1300
division (B)(1) of this section to a county for which a final plan	1301
for the countywide provision of wireless enhanced 9-1-1 has not	1302
been adopted in accordance with sections 4931.40 to 4931.71 of the	1303
Revised Code but instead shall retain in the wireless 9-1-1	1304
government assistance fund an amount equal to what would be the	1305
county's disbursement, to be set aside for that county for the	1306
first three years of disbursements under division (B)(1) of this	1307
section and until notification to the coordinator that a final	1308
plan for the provision of countywide wireless enhanced 9-1-1 has	1309
been adopted in accordance with sections 4931.40 to 4931.71 of the	1310
Revised Code. Upon that notification, the coordinator shall	1311
disburse and pay to the county treasurer the total amount so	1312
accrued for the county plus any interest accrued on the amount set	1313
aside. Any moneys and interest so retained and not disbursed by	1314
the end of the third year of disbursements under division (B)(1)	1315
of this section shall be disbursed pursuant to that division to	1316
each county for which a final plan for the countywide provision of	1317
wireless enhanced 9-1-1 has been adopted in accordance with	1318
sections 4931.40 to 4931.71 of the Revised Code.	1319

(3)(a) Immediately upon receipt by a county treasurer of a	1320
disbursement under division (B)(1) or (2) of this section, the	1321
county shall disburse, in accordance with the allocation formula	1322
set forth in the final plan, the amount the county so received to	1323
those subdivisions in the county that pay the costs of a public	1324
safety answering point providing wireless enhanced 9-1-1 under the	1325
plan.	1326

(b) Immediately upon receipt by the state treasurer of a	1327
disbursement under division (B)(1) of this section, the state	1328
treasurer shall deposit the disbursement to the credit of the SHP	1329
wireless 9-1-1 fund, which is hereby created in the state	1330
treasury, to be used by the state highway patrol for the purpose	1331
of paying any costs of a public safety answering point it operates	1332
as described in division (A)(2) of section 4931.64 of the Revised	1333
Code that otherwise would be eligible costs under division (A) or	1334
(B) of section 4931.65 of the Revised Code.	1335

(C) Nothing in sections 4931.40 to 4931.71 of the Revised	1336
Code affects the authority of a subdivision operating or served by	1337
a public safety answering point of a countywide 9-1-1 system to	1338
use, as provided in the final plan for the system, any other	1339
authorized revenue of the subdivision for the purposes of	1340
providing wireline 9-1-1 or wireless 9-1-1 through the system.	1341

Sec. 4931.65.  The countywide 9-1-1 system of each county	1342
receiving a disbursement under division (B) of section 4931.64 of	1343
the Revised Code shall provide countywide wireless enhanced 9-1-1	1344
in accordance with sections 4931.40 to 4931.71 of the Revised	1345
Code, beginning as soon as reasonably possible after receipt of	1346
the first disbursement under division (B) of section 4931.64 of	1347
the Revised Code, or if that service is already implemented, shall	1348
continue to provide such service. A disbursement under division	1349
(B)(3) of section 4931.64 of the Revised Code shall be used solely	1350
for the purpose of paying any of the following:	1351

(A) Any costs of designing, upgrading, purchasing, leasing,	1352
programming, installing, testing, or maintaining the necessary	1353
data, hardware, software, and trunking required for the public	1354
safety answering point or points of the 9-1-1 system to provide	1355
wireless enhanced 9-1-1, which costs are incurred before or on or	1356
after the effective date of this section and consist of such	1357
additional costs of the 9-1-1 system over and above any costs	1358
incurred to provide wireline 9-1-1;	1359

(B) Any costs of staffing, and training staff of, the public	1360
safety answering points of the 9-1-1 system, which costs result	1361
from the answering, routing, or proper disposition of wireless	1362
9-1-1 calls, are incurred before or on or after the effective date	1363
of this section, and consist of such additional costs of the 9-1-1	1364
system over and above any costs incurred to provide wireline	1365
9-1-1.	1366

The costs described in divisions (A) and (B) of this section	1367
may include any such costs payable pursuant to an agreement under	1368
division (J) of section 4931.41 of the Revised Code.	1369

Sec. 4931.66.  (A) In accordance with this section, the Ohio	1370
9-1-1 coordinator shall authorize payment of a specified amount of	1371
moneys from the wireless 9-1-1 service provider reimbursement fund	1372
to a wireless service provider that submits an invoice to the	1373
coordinator. The invoice shall contain an itemization of those	1374
eligible costs the wireless service provider incurred before or on	1375
or after the effective date of this section, either directly or	1376
through contractors, to comply with 47 C.F.R. 20.18 (d) to (h) and	1377
for which the wireless service provider is seeking reimbursement	1378
pursuant to the invoice. Eligible costs under this section consist	1379
only of the costs to the wireless service provider of upgrading,	1380
purchasing, maintaining, programming, or installing any necessary	1381
data, hardware, or software, and any associated administrative	1382
costs and overhead, and exclude any profit or other return on	1383
investment. The invoice submitted to the coordinator shall be	1384
accompanied both by adequate supporting documentation of the	1385
eligible costs for which the wireless service provider is seeking	1386
reimbursement, including a copy of the wireless service provider's	1387
acknowledgement of the governmental request for wireless enhanced	1388
9-1-1 that generated those costs, and by a certification signed by	1389
an officer of the wireless service provider or the officer's	1390
designee as to both of the following:	1391

(1) The total amount of costs shown on the invoice represents	1392
such eligible costs as the wireless service provider incurred	1393
before or on or after the effective date of this section, either	1394
directly or through contractors, to comply with 47 C.F.R. 20.18(d)	1395
to (h).	1396

(2) The total amount of costs shown on the invoice does not	1397
exceed one hundred twenty-five per cent of the total amount of	1398
those wireless 9-1-1 charges both remitted by the wireless service	1399
provider to the coordinator under section 4931.62 of the Revised	1400
Code in the second month preceding the month in which the invoice	1401
is submitted and credited to the wireless 9-1-1 service provider	1402
reimbursement fund under section 4931.63 of the Revised Code; or	1403
the wireless service provider has received prior written approval	1404
under division (D)(3) of section 4931.70 of the Revised Code to	1405
submit an invoice that exceeds that cap.	1406

(B) Except as otherwise provided in division (C) of this	1407
section, payment to a wireless service provider under this section	1408
shall be made not later than one month after the date on which the	1409
coordinator receives from the wireless service provider a	1410
certified invoice and adequate supporting documentation in	1411
compliance with division (A) of this section and with any rules	1412
adopted under section 4931.68 of the Revised Code. The coordinator	1413
shall not establish by rule or otherwise any other standard for or	1414
condition regarding payment.	1415

The amount authorized for payment to a wireless service	1416
provider under this section and so paid shall equal the total	1417
amount of costs shown on the invoice as certified unless the total	1418
amount of all certified invoices submitted to the coordinator in a	1419
given month exceeds the amount in the wireless 9-1-1 service	1420
provider reimbursement fund. In that case, payment shall be	1421
subject to both of the following conditions:	1422

(1) The amount authorized for reimbursement to a particular	1423
wireless service provider shall be a pro rata share of the	1424
wireless 9-1-1 service provider reimbursement fund balance at the	1425
time of payment, based on the total dollar amount of the wireless	1426
service provider's certified invoice relative to the total dollar	1427
amount of all certified invoices submitted that month.	1428

(2) The balance of the certified invoices shall be carried	1429
forward to the following month or months, as necessary, until all	1430
of the authorized reimbursements are made, with any such later	1431
payment subject to the payment of interest at the rate prescribed	1432
in section 126.30 of the Revised Code.	1433

(C) The coordinator shall deny reimbursement to a wireless	1434
service provider if the coordinator determines that the provider	1435
has failed to submit the certification required by division (A)(1)	1436
of this section and shall deny reimbursement of a particular	1437
itemized cost if the coordinator, in consultation with the	1438
wireless 9-1-1 advisory board, determines that it is not an	1439
eligible cost specified in division (A) of this section or it	1440
lacks adequate supporting documentation. Denial of reimbursement	1441
based on either of the latter two determinations is subject to	1442
adjudication under sections 119.01 to 119.13 of the Revised Code.	1443
Payment of any reimbursement as a result of such adjudication	1444
shall be within one month after the date of issuance of a decision	1445
in the adjudication and shall be subject to divisions (B)(1) and	1446
(2) of this section.	1447

(D) In carrying out divisions (A) to (C) of this section, the	1448
Ohio 9-1-1 coordinator shall ensure that no wireless service	1449
provider is reimbursed for a cost for which any wireless service	1450
provider has already been reimbursed in the case of wireless	1451
enhanced 9-1-1 technology shared by two or more wireless service	1452
providers.	1453

(E) A certification submitted under this section is a	1454
statement for the purpose of division (A)(4) of section 2921.13 of	1455
the Revised Code.	1456

Sec. 4931.67.  (A)(1) A wireless service provider, and each	1457
subdivision operating one or more public safety answering points	1458
for a countywide system providing wireless 9-1-1, shall provide	1459
the Ohio 9-1-1 coordinator with such information as the	1460
coordinator requests for the purposes of carrying out the	1461
coordinator's duties under sections 4931.60 to 4931.71 of the	1462
Revised Code, including, but not limited to, duties regarding the	1463
collection of the wireless 9-1-1 charge and regarding the	1464
provision of a report under division (B) of section 4931.71 of the	1465
Revised Code.	1466

(2) A wireless service provider shall provide an official,	1467
employee, agent, or representative of a subdivision operating a	1468
public safety answering point, or of the state highway patrol as	1469
described in division (A)(2) of section 4931.64 of the Revised	1470
Code, with such technical, service, and location information as	1471
the official, employee, agent, or representative requests for the	1472
purpose of providing wireless 9-1-1 pursuant to sections 4931.40	1473
to 4931.71 of the Revised Code.	1474

(3) A subdivision operating one or more public safety	1475
answering points of a 9-1-1 system, and a telephone company, shall	1476
provide to the Ohio 9-1-1 council such information as the council	1477
requires for the purpose of making any recommendation or report	1478
pursuant to division (D)(2) of section 4931.69 of the Revised	1479
Code.	1480

(B)(1) Any information provided under division (A) of this	1481
section that consists of trade secrets as defined in section	1482
1333.61 of the Revised Code or of information regarding the	1483
customers, revenues, expenses, or network information of a	1484
telephone company shall be confidential and does not constitute a	1485
public record for the purpose of section 149.43 of the Revised	1486
Code.	1487

(2) The director of public safety, the Ohio 9-1-1	1488
coordinator, and any official, employee, agent, or representative	1489
of the director or coordinator, of the state highway patrol or	1490
another law enforcement agency functioning as a public safety	1491
answering point, or of a subdivision operating a public safety	1492
answering point, while acting or claiming to act in the capacity	1493
of the director or coordinator or such official, employee, agent,	1494
or representative, shall not disclose any information provided	1495
under division (A) of this section regarding a telephone company's	1496
customers, revenues, expenses, or network information. Nothing in	1497
division (B)(1) of this section precludes any such information	1498
from being aggregated and included in any report required under	1499
division (D)(2) of section 4931.69 of the Revised Code or division	1500
(B) of section 4931.71 of the Revised Code, provided the	1501
aggregated information does not identify the number of any	1502
particular company's customers or the amount of its revenues or	1503
expenses or identify a particular company as to any network	1504
information.	1505

Sec. 4931.68.  The director of public safety, in consultation	1506
with the Ohio 9-1-1 coordinator, shall adopt rules in accordance	1507
with Chapter 119. of the Revised Code to carry out sections	1508
4931.60 to 4931.71 of the Revised Code, including rules concerning	1509
the disbursement of moneys from the wireless 9-1-1 government	1510
assistance fund and the wireless 9-1-1 service provider	1511
reimbursement fund and specifying what constitutes adequate	1512
supporting documentation under division (A) of section 4931.66 of	1513
the Revised Code; rules prescribing the necessary accounting for a	1514
wireless service provider's or reseller's billing and collection	1515
fee under division (B)(2) of section 4931.62 of the Revised Code;	1516
and rules establishing a fair and reasonable process for	1517
recommending the amount of the wireless 9-1-1 charge as authorized	1518
under division (B) of section 4931.71 of the Revised Code.	1519

Sec. 4931.69.  (A) There is hereby created the Ohio 9-1-1	1520
council, consisting of eleven members as follows: the Ohio 9-1-1	1521
coordinator; a designee of the public utilities commission,	1522
selected by the commission chairperson; and nine members appointed	1523
by the governor. In appointing the nine members, the governor	1524
shall select one representative of public safety communications	1525
officials in this state, one representative of administrators of	1526
9-1-1 service in this state, one representative of countywide	1527
9-1-1 systems in this state, three representatives of wireline	1528
service providers in this state, and three representatives of	1529
wireless service providers in this state. For each such	1530
appointment, the governor shall consider a nominee proposed,	1531
respectively, by the Ohio chapter of the association of	1532
public-safety communications officials, the Ohio chapter of the	1533
national emergency number association, the county commissioners	1534
association of Ohio; and nominees proposed, respectively, by the	1535
Ohio telecommunications industry association and the wireless	1536
operators of Ohio; or any successor organization of each such	1537
entity.	1538

Initial appointments shall be made not later than thirty days	1539
after the effective date of this section. Nothing in this section	1540
shall prevent the governor from rejecting any of the nominees or	1541
requesting that a nominating entity under this division submit the	1542
names of alternative nominees for consideration.	1543

(B) The term of the initial appointee to the council	1544
representing public safety communications officials and the terms	1545
of one of the initial appointees representing wireline service	1546
providers and one representing wireless service providers shall	1547
expire on January 31, 2007. The term of the initial appointee to	1548
the council representing administrators of 9-1-1 service and the	1549
terms of another one of the initial appointees representing	1550
wireline service providers and another representing wireless	1551
service providers shall expire on January 31, 2008. The term of	1552
the initial appointee to the council representing countywide 9-1-1	1553
systems and the terms of another one of the initial appointees	1554
representing wireline service providers and another representing	1555
wireless service providers shall expire on January 31, 2009.	1556
Thereafter, terms of appointed members shall be for three years,	1557
with each term ending on the same day of the same month as the	1558
term it succeeds.	1559

Each council member shall hold office from the date of the	1560
member's appointment until the end of the term for which the	1561
member was appointed. Members may be reappointed.	1562

Vacancies shall be filled in the manner provided for original	1563
appointments. Any member appointed to fill a vacancy occurring	1564
prior to the expiration date of the term for which the member's	1565
predecessor was appointed shall hold office as a member for the	1566
remainder of that term. A member shall continue in office after	1567
the expiration date of the member's term until the member's	1568
successor takes office or until a period of sixty days has	1569
elapsed, whichever occurs first.	1570

Appointed members shall serve without compensation and shall	1571
not be reimbursed for expenses.	1572

(C) The council shall select a chairperson from among the	1573
appointed members. Each appointed member shall have one vote in	1574
all deliberations of the council. The Ohio 9-1-1 coordinator shall	1575
be a voting member of the council only in the case of a tie but	1576
shall not be eligible to vote on a matter described in division	1577
(D)(3) of this section. A majority of the voting members	1578
constitutes a quorum.	1579

(D) The duties of the council shall consist of all of the	1580
following:	1581

(1) Arbitrating or establishing relative to 9-1-1 systems in	1582
this state nondiscriminatory, competitively neutral, and uniform	1583
technical and operational standards consistent with recognized	1584
industry standards and federal law. This authority does not	1585
include authority to prescribe the technology that a telephone	1586
company or reseller uses to deliver 9-1-1 calls.	1587

(2) Conducting research and providing to the Ohio 9-1-1	1588
coordinator, including, as necessary, for the purpose of the	1589
coordinator reporting to the general assembly, recommendations or	1590
reports regarding any wireline and wireless 9-1-1 issues, any	1591
improvements in the provision of service by 9-1-1 systems in this	1592
state, or any legislation or policies concerning such systems;	1593

(3) Regarding the position of Ohio 9-1-1 coordinator,	1594
submitting names of nominees and recommended duties as authorized	1595
under section 4931.60 of the Revised Code and, at least	1596
biennially, conducting and submitting with recommendations to the	1597
director of public safety a performance evaluation of the	1598
coordinator.	1599

(E) The council is not an agency, as defined in section	1600
101.82 of the Revised Code, for purposes of sections 101.82 to	1601
101.87 of the Revised Code.	1602

Sec. 4931.70.  (A) There is hereby created the wireless 9-1-1	1603
advisory group, consisting of the Ohio 9-1-1 coordinator, the Ohio	1604
9-1-1 council appointee that represents public safety	1605
communications officials, and five members appointed by the	1606
governor as follows: one of the council appointees that represents	1607
wireless service providers in this state, whose council term	1608
expires after the council term of the council appointee	1609
representing public safety communications officials, one	1610
noncouncil representative of wireless service providers in this	1611
state, one noncouncil representative of public safety	1612
communications officials in this state, and two noncouncil	1613
representatives of municipal and county governments in this state.	1614

(B) The terms of the advisory group members who are also	1615
council members shall be concurrent with their terms as members of	1616
the council, as prescribed under division (B) of section 4931.69	1617
of the Revised Code. The terms of the initial noncouncil appointee	1618
to the advisory group who represents wireless service providers	1619
and of one of the initial noncouncil appointees who represents	1620
municipal and county government shall expire on January 31, 2009.	1621
The terms of the initial noncouncil appointee to the advisory	1622
group representing public safety communications officials and of	1623
the other initial noncouncil appointee representing municipal and	1624
county government shall expire on January 31, 2010. Thereafter,	1625
terms of the noncouncil appointees shall be for three years, with	1626
each term ending on the same day of the same month as the term it	1627
succeeds. The conditions of holding office, manner of filling	1628
vacancies, and other matters concerning service by any member of	1629
the advisory group shall be the same as set forth for council	1630
members under division (B) of section 4931.69 of the Revised Code.	1631

(C) The Ohio 9-1-1 coordinator shall be the chairperson of	1632
the advisory group. Each member of the group shall be a voting	1633
member and shall have one vote in all deliberations of the group	1634
except that the chairperson shall vote only in the case of a tie.	1635
Excluding the coordinator, a majority of the members constitutes a	1636
quorum.	1637

(D)(1) The advisory group, excluding the Ohio 9-1-1	1638
coordinator, shall make a recommendation regarding the amount of	1639
the wireless 9-1-1 charge or the proportion of the remittances to	1640
be credited to each fund under division (B) of section 4931.63 of	1641
the Revised Code, or both, to be included by the coordinator in	1642
the report required by division (B) of section 4931.71 of the	1643
Revised Code, and consult with the coordinator regarding that	1644
report;	1645

(2) The advisory group, excluding the coordinator, shall make	1646
recommendations to and consult with the director of public safety	1647
and the coordinator regarding any rules to be adopted under	1648
section 4931.68 of the Revised Code.	1649

(3) The advisory group shall provide written approval, on the	1650
basis of good cause shown, of the submission of an invoice under	1651
division (A)(3) of section 4931.66 of the Revised Code for an	1652
amount that exceeds the cap specified in that division.	1653

(E) The advisory group is not an agency, as defined in	1654
section 101.82 of the Revised Code, for purposes of sections	1655
101.82 to 101.87 of the Revised Code.	1656

Sec. 4931.71.  (A) Except as otherwise provided in division	1657
(C) of this section, the wireless 9-1-1 charge shall be sixty-five	1658
cents per month.	1659

(B) Prior to the beginning of each budget biennium, the Ohio	1660
9-1-1 coordinator shall submit a report to the general assembly,	1661
in accordance with section 101.68 of the Revised Code, that	1662
contains both of the following:	1663

(1) For the current biennium, a review of the implementation	1664
and provision of wireless enhanced 9-1-1 in this state and a	1665
description of how moneys disbursed from the wireless 9-1-1	1666
service funds have been used. In preparing this portion of the	1667
report, the coordinator shall consult with the wireless 9-1-1	1668
advisory group.	1669

(2) The coordinator's recommendations of the wireless 9-1-1	1670
charge and the proportion of the remittances to be credited to	1671
each fund created under division (B) of section 4931.63 of the	1672
Revised Code, to apply in the coming budget biennium. With respect	1673
to this recommendation, the report shall explain in sufficient	1674
detail the bases for the recommended amount of the wireless 9-1-1	1675
charge and for the recommended crediting of remittances. The	1676
recommendations shall reflect the minimum amount necessary during	1677
the coming budget biennium, given any balance in the wireless	1678
9-1-1 government assistance fund to be carried over to that	1679
biennium and the projected revenue from the charge, to fully cover	1680
the costs described in section 4931.65 of the Revised Code as	1681
projected for that biennium and, given any balance in the wireless	1682
9-1-1 service provider reimbursement fund to be so carried over	1683
and the projected revenue from the charge, to provide for full	1684
reimbursement of the costs described in section 4931.66 of the	1685
Revised Code as projected for that period. The amount also shall	1686
reflect the minimum amount necessary for the wireless 9-1-1 charge	1687
to cover the costs described in division (A) of section 4931.63 of	1688
the Revised Code as projected for the biennium, given the wireless	1689
9-1-1 administrative fund balance to be carried over, and the	1690
costs described in division (B)(3)(b) of section 4931.64 of the	1691
Revised Code, given the SHP wireless 9-1-1 fund balance to be	1692
carried over. In making a recommendation under division (B)(2) of	1693
this section, the coordinator shall consider any recommendation of	1694
the wireless 9-1-1 advisory group authorized under division (D)(1)	1695
of section 4931.70 of the Revised Code.	1696

(C)(1)(a) If the Ohio 9-1-1 coordinator's recommendation of	1697
the wireless 9-1-1 charge under division (B)(2) of this section is	1698
for an amount of sixty-five cents or less per month, the wireless	1699
9-1-1 charge for the budget biennium for which the recommendation	1700
was made shall be the amount of the coordinator's recommendation.	1701

(b) If the coordinator's recommendation of the wireless 9-1-1	1702
charge under division (B)(2) of this section is for an amount	1703
exceeding sixty-five cents per month, the wireless 9-1-1 charge	1704
for that budget biennium shall be sixty-five cents per month,	1705
unless a different amount is established by the general assembly.	1706

(2) The crediting of remittances for the coming budget	1707
biennium shall be the crediting recommended by the coordinator	1708
under division (B)(2) of this section, unless a different	1709
crediting is established by the general assembly.	1710

(D) The Ohio 9-1-1 coordinator shall submit recommendations	1711
to the general assembly under this section at least three months,	1712
but not earlier than four months, before the respective effective	1713
date of the wireless 9-1-1 charge as prescribed in division (A) of	1714
section 4931.61 of the Revised Code.	1715

Sec. 4931.55.        Sec. 4931.75.  (A) As used in this section:

1716

(1) "Advertisement" means a message or material intended to	1717
cause the sale of realty, goods, or services.	1718

(2) "Facsimile device" means a device that electronically or	1719
telephonically receives and copies onto paper reasonable	1720
reproductions or facsimiles of documents and photographs through	1721
connection with a telephone network.	1722

(3) "Pre-existing business relationship" does not include	1723
transmitting an advertisement to the owner's or lessee's facsimile	1724
device.	1725

(B) No person shall transmit an advertisement to a facsimile	1726
device unless the person has received prior permission from the	1727
owner or, if the device is leased, from the lessee of the device	1728
to which the message is to be sent to transmit the advertisement;	1729
or the person has a pre-existing business relationship with such	1730
owner or lessee.	1731

(C) When requested by the owner or lessee, the transmission	1732
shall occur between seven p.m. and five a.m.	1733

This section applies to all such advertisements intended to	1734
be so transmitted within this state.	1735

Sec. 4931.99.  (A) Whoever violates division (D) of section	1736
4931.49 of the Revised Code is guilty of a misdemeanor of the	1737
fourth degree.	1738

(B) Whoever violates section 4931.25, 4931.26, 4931.27,	1739
4931.30, or 4931.31 of the Revised Code is guilty of a misdemeanor	1740
of the third degree.	1741

(C) Whoever violates section 4931.28 of the Revised Code is	1742
guilty of a felony of the fourth degree.	1743

(D) Whoever violates section 4931.29 or division (B) of	1744
section 4931.35 of the Revised Code is guilty of a misdemeanor in	1745
the first degree.	1746

(E) Whoever violates division (E) or(F) of section 4931.49	1747
or division (B)(2) of section4931.66 of the Revised Code is	1748
guilty of a misdemeanor of the fourth degree on a first offense	1749
and a felony of the fifth degree on each subsequent offense.	1750

(F) Whoever violates section 4931.554931.75 of the Revised	1751
Code is guilty of a minor misdemeanor for a first offense and a	1752
misdemeanor of the first degree on each subsequent offense.	1753

Sec. 5727.39.  (A) As used in this section:

1754

(1) "9-1-1 system" has the meaning given in section 4931.40	1755
of the Revised Code.	1756

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	1757
approved by the public utilities commission for the telephone	1758
network portion of a 9-1-1 system pursuant to section 4931.47 of	1759
the Revised Code.	1760

(3) "Eligible nonrecurring 9-1-1 charges" means all	1761
nonrecurring 9-1-1 charges for a 9-1-1 system except:	1762

(a) Charges for a system that was not established pursuant to	1763
a plan adopted under section 4931.44 of the Revised Code or an	1764
agreement under section 4931.48 of the Revised Code; or	1765

(b) Charges for that part of a system established pursuant to	1766
such a plan or agreement that are excluded from the credit by	1767
division (C)(2)(a) or (b) of section 4931.47 of the Revised Code.	1768

(4) "Current year's percentage change in the consumer price	1769
index" means the greater of one or one plus the percentage	1770
increase in the consumer price index for all urban consumers (U.S.	1771
city average, all items), prepared by the United States department	1772
of labor, bureau of labor statistics, for December of the	1773
preceding year over the index for December of the second preceding	1774
year.	1775

(B) A telephone company shall be allowed a credit against the	1776
tax computed under section 5727.38 of the Revised Code equal to	1777
the amount of its eligible nonrecurring 9-1-1 charges.	1778

The credit shall be claimed in the company's annual statement	1779
required under division (A) of section 5727.31 of the Revised Code	1780
that covers the twelve-month period in which the 9-1-1 service for	1781
which the credit is claimed becomes available for use. If the tax	1782
commissioner determines that the credit claimed equals the amount	1783
of the company's eligible nonrecurring 9-1-1 charges, the	1784
commissioner shall credit such amount against the total taxes	1785
shown to be due from the company for the current year and shall	1786
refund the amount of any overpayment of taxes resulting from the	1787
application of such credit. If the credit allowed under this	1788
section exceeds the total taxes due for the current year, the	1789
commissioner shall credit such excess against taxes due for	1790
succeeding years until the full amount of the credit is granted.	1791

The estimated taxes required to be paid by section 5727.31 of	1792
the Revised Code shall be based on the taxes for the preceding	1793
year prior to any credit allowed under this section for that year.	1794

(C)(1) Within thirty days after June 18, 1985, the tax	1795
commissioner shall compute the amount that represents twenty-five	1796
per cent of the total taxes for all telephone companies computed	1797
under section 5727.38 of the Revised Code based on the annual	1798
statements required to be filed with the commissioner in	1799
September, 1984, under section 5727.31 of the Revised Code. Such	1800
amount shall constitute the credit ceiling for 1985.	1801

(2) Each September, beginning in 2001, the commissioner shall	1802
determine the credit ceiling by multiplying the preceding year's	1803
credit ceiling by the preceding calendar year's percentage change	1804
in the consumer price index for all urban consumers for the	1805
midwest region, as determined by the United States bureau of labor	1806
statistics. The product thus obtained shall constitute the credit	1807
ceiling for the current year.	1808

(D) After the last day a return may be filed by any telephone	1809
company that is eligible to claim a credit under this section, the	1810
commissioner shall determine whether the sum of the credits	1811
allowed for all prior years plus the sum of the credits claimed	1812
for the current year exceeds the current year's credit ceiling. If	1813
it does, the credits allowed under this section for the current	1814
year shall be reduced by a uniform percentage such that the sum of	1815
the credits allowed for the current year plus the sum of the	1816
credits allowed for all prior years equals the current year's	1817
credit ceiling. Thereafter, no credit shall be granted under this	1818
division, except for the remaining portions of any credits allowed	1819
in the current or any prior years that have not been granted.	1820

Sec. 5733.55.  (A) As used in this section:

1821

(1) "9-1-1 system" has the same meaning as in section 4931.40	1822
of the Revised Code.	1823

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	1824
approved by the public utilities commission for the telephone	1825
network portion of a 9-1-1 system pursuant to section 4931.47 of	1826
the Revised Code.	1827

(3) "Eligible nonrecurring 9-1-1 charges" means all	1828
nonrecurring 9-1-1 charges for a 9-1-1 system, except both of the	1829
following:	1830

(a) Charges for a system that was not established pursuant to	1831
a plan adopted under section 4931.44 of the Revised Code or an	1832
agreement under section 4931.48 of the Revised Code;	1833

(b) Charges for that part of a system established pursuant to	1834
such a plan or agreement that are excluded from the credit by	1835
division (C)(2)(a) or (b) of section 4931.47 of the Revised Code.	1836

(4) "Telephone company" has the same meaning as in section	1837
5727.01 of the Revised Code.	1838

(B) Beginning in tax year 2005, a telephone company shall be	1839
allowed a nonrefundable credit against the tax imposed by section	1840
5733.06 of the Revised Code equal to the amount of its eligible	1841
nonrecurring 9-1-1 charges. The credit shall be claimed for the	1842
company's taxable year that covers the period in which the 9-1-1	1843
service for which the credit is claimed becomes available for use.	1844
The credit shall be claimed in the order required by section	1845
5733.98 of the Revised Code. If the credit exceeds the total taxes	1846
due under section 5733.06 of the Revised Code for the tax year,	1847
the tax commissioner shall credit the excess against taxes due	1848
under that section for succeeding tax years until the full amount	1849
of the credit is granted.	1850

(C) After the last day a return, with any extensions, may be	1851
filed by any telephone company that is eligible to claim a credit	1852
under this section, the commissioner shall determine whether the	1853
sum of the credits allowed for prior tax years commencing with tax	1854
year 2005 plus the sum of the credits claimed for the current tax	1855
year exceeds fifteen million dollars. If it does, the credits	1856
allowed under this section for the current tax year shall be	1857
reduced by a uniform percentage such that the sum of the credits	1858
allowed for the current tax year do not exceed fifteen million	1859
dollars claimed by all telephone companies for all tax years.	1860
Thereafter, no credit shall be granted under this section, except	1861
for the remaining portions of any credits allowed under division	1862
(B) of this section.	1863

(D) A telephone company that is entitled to carry forward a	1864
credit against its public utility excise tax liability under	1865
section 5727.39 of the Revised Code is entitled to carry forward	1866
any amount of that credit remaining after its last public utility	1867
excise tax payment for the period of July 1, 2003, through June	1868
30, 2004, and claim that amount as a credit against its	1869
corporation franchise tax liability under this section. Nothing in	1870
this section authorizes a telephone company to claim a credit	1871
under this section for any eligible nonrecurring 9-1-1 charges for	1872
which it has already claimed a credit under section 5727.39 of the	1873
Revised Code.	1874

Section 2.  That existing sections 2307.64, 2913.01, 4931.40,	1875
4931.41, 4931.43, 4931.44, 4931.45, 4931.46, 4931.47, 4931.48,	1876
4931.49, 4931.50, 4931.55, 4931.99, 5727.39, and 5733.55 of the	1877
Revised Code are hereby repealed.	1878

Section 3. That the versions of sections 4931.45, 4931.47,	1879
and 4931.48 of the Revised Code that are scheduled to take effect	1880
December 31, 2004, be amended to read as follows:	1881

Sec. 4931.45.  (A) AAn amended final plan may be amended to	1882
expandis required for any of the following purposes:	1883

(1) Expanding the territory included in the countywide 9-1-1	1884
system, to upgrade;	1885

(2) Upgrading any part or all of a system from basic 9-1-1 to	1886
enhanced wireline 9-1-1 service, to adjust;	1887

(3) Adjusting the territory served by a public safety	1888
answering point, to represcribe;	1889

(4) Represcribing the funding of public safety answering	1890
points as between the alternatives set forth in division (B)(5) of	1891
section 4931.43 of the Revised Code, or to make;	1892

(5) Providing for wireless enhanced 9-1-1;

1893

(6) Adding a telephone company as a participant in a	1894
countywide 9-1-1 system after the implementation of wireline 9-1-1	1895
or wireless enhanced 9-1-1;	1896

(7) Providing that the state highway patrol or one or more	1897
public safety answering points of another countywide 9-1-1 system	1898
function as a public safety answering point or points for the	1899
provision of wireless 9-1-1 for all or part of the territory of	1900
the system, as contemplated under division (J) of section 4931.41	1901
of the Revised Code;	1902

(8) Making any other necessary adjustments to the plan only	1903
by convening a new 9-1-1 planning committee, and adopting an	1904
amended final plan. The convening of a new 9-1-1 planning	1905
committee and the proposal and adoption of an amended final plan	1906
shall be made in the same manner required for the convening of an	1907
initial committee and adoption of an original proposed and final	1908
plan under sections 4931.42 to 4931.44 of the Revised Code.	1909
Adoption	1910

The adoption of an amended final plan under this division	1911
shall be subject to, and accomplished in the manner of the	1912
adoption of an initial final plan under, sections 4931.42 to	1913
4931.44 of the Revised Code, including the requirements for the	1914
convening of a 9-1-1 planning committee and development of a	1915
proposed plan prior to the adoption of the final plan. However, a	1916
final plan is deemed amended for the purpose described in division	1917
(A)(6) of this section upon the filing, with the board of county	1918
commissioners of the county that approved the final plan for the	1919
countywide 9-1-1 system, of a written letter of intent by the	1920
entity to be added as a participant in the 9-1-1 system. The	1921
entity shall send written notice of the filing to all subdivisions	1922
and telephone companies participating in the system. Further,	1923
adoption of any resolution under section 4931.51 of the Revised	1924
Code pursuant to a final plan that both has been adopted and	1925
provides for funding through charges imposed under that section is	1926
not an amendment of a final plan for the purpose of this division.	1927

(B) When a final plan is amended to expand the territory that	1928
receives 9-1-1 service or to upgrade a 9-1-1 system from basic to	1929
enhanced 9-1-1 servicefor any purpose described in division	1930
(A)(1), (2), (5), or (6) of this section, sections 4931.47 and	1931
5733.55 of the Revised Code apply with respect to the telephone	1932
company's recoveryreceipt of the nonrecurring and recurring rates	1933
and charges for the wireline telephone network portion of the	1934
9-1-1 system.	1935

Sec. 4931.47.  (A) In accordance with Chapters 4901., 4903.,	1936
4905., 4909., and 4931. of the Revised Code, the public utilities	1937
commission shall determine the just, reasonable, and compensatory	1938
rates, tolls, classifications, charges, or rentals to be observed	1939
and charged for the wireline telephone network portion of a basic	1940
and enhanced 9-1-1 system, and each telephone company that is a	1941
wireline service provider participating in the system shall be	1942
subject to such chapters, to the extent they apply, as to the	1943
service provided by its portion of the wireline telephone network	1944
for the system as described in the final plan or to be installed	1945
pursuant to agreements under section 4931.48 of the Revised Code,	1946
and as to the rates, tolls, classifications, charges, or rentals	1947
to be observed and charged for that service.	1948

(B) Only the customers of a participating telephone company	1949
described in division (A) of this section that are served within	1950
the area covered by a 9-1-1 system shall pay the recurring rates	1951
for the maintenance and operation of the company's portion of the	1952
wireline telephone network in providing 9-1-1 serviceof the	1953
system. Such rates shall be computed by dividing the total monthly	1954
recurring rates set forth in a telephonethe company's schedule as	1955
filed in accordance with section 4905.30 of the Revised Code, by	1956
the total number of residential and business customer access	1957
lines, or their equivalent, within the area served. Each	1958
residential and business customer within the area served shall pay	1959
the recurring rates based on the number of its residential and	1960
business customer access lines or their equivalent. No company may	1961
shall include such amount on any customer's bill until the company	1962
has completed its portion of the wireline telephone network in	1963
accordance with the terms, conditions, requirements, and	1964
specifications of the final plan or an agreement made under	1965
section 4931.48 of the Revised Code.	1966

(C)(1) Except as otherwise provided in division (C)(2)(a) or	1967
(b) of this section, a participating telephone company described	1968
in division (A) of this section may receive through the credit	1969
authorized by section 5733.55 of the Revised Code the total	1970
nonrecurring charges for its portion of the wireline telephone	1971
network used in providing 9-1-1 service,of the system, including	1972
wireless 9-1-1, and the total nonrecurring charges for any	1973
updating or modernization of that wireline telephone network in	1974
accordance with the terms, conditions, requirements, and	1975
specifications of the final plan or pursuant to agreements under	1976
section 4931.48 of the Revised Code, as such charges are set forth	1977
in the schedule filed by athe telephone company in accordance	1978
with section 4905.30 of the Revised Code, on completion of the	1979
installation of the network in accordance with the terms,	1980
conditions, requirements, and specifications of the final plan or	1981
pursuant to section 4931.48 of the Revised Code shall be recovered	1982
by the company through the credit authorized by section 5733.55 of	1983
the Revised Code. As applicable, the receipt of those charges	1984
shall occur only upon the completion of the installation of the	1985
network or the completion of the updating or modernization.	1986

(2)(a) The credit shall not be allowed under division (C)(1)	1987
of this section for the upgrading of a system from basic to	1988
enhanced wireline 9-1-1 service whenif both of the following	1989
apply:	1990

(a)(i) The telephone company received the credit for the	1991
wireline telephone network portion of the basic 9-1-1 system now	1992
proposed to be upgraded; and.	1993

(b)(ii) At the time the final plan or agreement pursuant to	1994
section 4931.48 of the Revised Code calling for the basic 9-1-1	1995
system was agreed to, the telephone company was capable of	1996
reasonably meeting the technical and economic requirements of	1997
providing the wireline telephone network portion of an enhanced	1998
9-1-1 system within the territory proposed to be upgraded, as	1999
determined by the public utilities commission under division (A)	2000
or (H) of section 4931.41 or division (C) of section 4931.48 of	2001
the Revised Code.	2002

(b) The credit shall not be allowed under division (C)(1) of	2003
this section for any portion of the total nonrecurring charges for	2004
the wireline telephone network used in providing wireless 9-1-1,	2005
as set forth in the schedule filed by the telephone company in	2006
accordance with section 4905.30 of the Revised Code, to the extent	2007
the telephone company, in otherwise providing 9-1-1 service,	2008
previously received those charges through the credit authorized by	2009
section 5733.55 of the Revised Code, or receives or received those	2010
charges from a wireless service provider pursuant to a tariff or	2011
contract.	2012

(3) WhenIf the credit is not allowed under division	2013
(C)(2)(a) of this section, the total nonrecurring charges for the	2014
wireline telephone network used in providing 9-1-1 service, as set	2015
forth in the schedule filed by a telephone company in accordance	2016
with section 4905.30 of the Revised Code, on completion of the	2017
installation of the network in accordance with the terms,	2018
conditions, requirements, and specifications of the final plan or	2019
pursuant to section 4931.48 of the Revised Code, shall be paid by	2020
the municipal corporations and townships with any territory in the	2021
area in which such upgrade from basic to enhanced 9-1-1 service is	2022
made.	2023

(D) WhereIf customer premises equipment for a public safety	2024
answering point is supplied by a telephone company that is	2025
required to file a schedule under section 4905.30 of the Revised	2026
Code pertaining to customer premises equipment, the recurring and	2027
nonrecurring rates and charges for the installation and	2028
maintenance of the equipment specified in the schedule shall	2029
apply.	2030

Sec. 4931.48.  (A) If a final plan is disapproved under	2031
division (B) of section 4931.44 of the Revised Code, by	2032
resolution, the legislative authority of a municipal corporation	2033
or township that contains at least thirty per cent of the county's	2034
population may establish within its boundaries, or the legislative	2035
authorities of a group of municipal corporations or townships each	2036
of which is contiguous with at least one other such municipal	2037
corporation or township in the group, together containing at least	2038
thirty per cent of the county's population, may jointly establish	2039
within their boundaries a 9-1-1 system. For thisthat purpose, the	2040
municipal corporation or township may enter into an agreement, and	2041
the contiguous municipal corporations or townships may jointly	2042
enter into an agreement with aone or more telephone company	2043
providing service in the municipal corporations or townships to	2044
provide for the telephone network portion of the systemcompanies.	2045

(B) If no resolution has been adopted to convene a 9-1-1	2046
planning committee under section 4931.42 of the Revised Code, but	2047
not sooner than eighteen months after the effective date of such	2048
section, by resolution, the legislative authority of any municipal	2049
corporation in the county may establish within its boundaries, or	2050
the legislative authorities of a group of municipal corporations	2051
and townships each of which is contiguous to at least one of the	2052
other such municipal corporations or townships in the group may	2053
jointly establish within their boundaries, a 9-1-1 system. TheFor	2054
that purpose, the municipal corporation, or contiguous municipal	2055
corporations and townships, may enter into an agreement with aone	2056
or more telephone company serving customers within the boundaries	2057
of the municipal corporation or contiguous municipal corporations	2058
and townships, to provide for the telephone network portion of a	2059
9-1-1 systemcompanies.	2060

(C) Whenever a telephone company that is a wireline service	2061
provider and one or more municipal corporations and townships	2062
enter into an agreement under division (A) or (B) of this section	2063
to provide for the wireline telephone network portion of a basic	2064
9-1-1 system, the telephone company shall so notify the public	2065
utilities commission, which shall determine whether the telephone	2066
company is capable of reasonably meeting the technical and	2067
economic requirements of providing the wireline telephone network	2068
for an enhanced system within the territory served by the company	2069
and covered by the agreement. The determination shall be made	2070
solely for the purposes of division (C)(2) of section 4931.47 of	2071
the Revised Code.	2072

(D) Within three years from the date of entering into an	2073
initial agreement described under division (A) or (B)(C) of this	2074
section, the telephone company shall have installed the wireline	2075
telephone network portion of the 9-1-1 system according to the	2076
terms, conditions, requirements, and specifications set forth in	2077
the agreement.	2078

(E) TheA telephone company that is a wireline service	2079
provider shall recover the cost of installing the wireline	2080
telephone network system pursuant to agreements made under this	2081
section as provided in section 4931.47 of the Revised Code, as	2082
authorized under section 5733.55 of the Revised Code.	2083

Section 4. That the existing versions of sections 4931.45,	2084
4931.47, and 4931.48 of the Revised Code that are scheduled to	2085
take effect December 31, 2004, are hereby repealed.	2086

Section 5. Sections 3 and 4 of this act shall take effect	2087
December 31, 2004.	2088

Section 6. The amendment by this act of section 5727.39 of	2089
the Revised Code is not intended to supersede its earlier repeal	2090
with delayed effective date of December 31, 2004.	2091