REPRESENTATIVES Flowers, Niehaus, Olman, Reinhard, Faber, Seitz, Allen, Harwood, Martin, Daniels, Strahorn, Carmichael

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, and 5733.55;

3

to amend, for the purpose of adopting a new

4

section number as shown in parentheses, section

5

4931.55 (4931.75); and to enact sections 4931.60

6

to 4931.70 of the Revised Code to facilitate the

7

provision of wireless enhanced 9-1-1 by local

8

governments, by establishing requirements for

9

operation, administration, and funding, and to

10

permit a wireline telephone company to fund

11

through an existing tax credit nonrecurring rates

12

and charges for an updating or modernization of

13

the wireline network portion of a 9-1-1 system;

14

and to amend the versions of sections 4931.45,

15

4931.47, and 4931.48 of the Revised Code that are

16

scheduled to take effect December 31, 2004, to

17

continue the provisions of this act on and after

18

that effective date.

19

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

Section 1.  That sections 2307.64, 2913.01, 4931.40, 4931.41,	20
4931.43, 4931.44, 4931.45, 4931.46, 4931.47, 4931.48, 4931.49,	21
4931.50, 4931.99, and 5733.55 be amended; section 4931.55	22
(4931.75) be amended for the purpose of adopting a new section	23
number as indicated in parentheses; and sections 4931.60, 4931.61,	24
4931.62, 4931.63, 4931.64, 4931.65, 4931.66, 4931.67, 4931.68,	25
4931.69, and 4931.70 of the Revised Code be enacted to read as	26
follows:	27

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

28

(1) "Advertisement" has the same meaning as in section	29
4931.554931.75 of the Revised Code.	30

(2) "Computer," "computer network," "computer program,"	31
"computer services," and "telecommunications device" have the same	32
meanings as in section 2913.01 of the Revised Code.	33

(3) "Electronic mail" means an electronic message that is	34
transmitted between two or more telecommunications devices or	35
electronic devices capable of receiving electronic messages,	36
whether or not the message is converted to hard copy format after	37
receipt, and whether or not the message is viewed upon the	38
transmission or stored for later retrieval. "Electronic mail"	39
includes electronic messages that are transmitted through a local,	40
regional, or global computer network.	41

(4) "Electronic mail advertisement" means electronic mail	42
containing an advertisement.	43

(5) "Electronic mail service provider" means any person that	44
is an intermediary in sending and receiving electronic mail and	45
that provides to users of electronic mail services the ability to	46
send or receive electronic mail. "Electronic mail service	47
provider" includes an internet service provider.	48

(6) "Internet" has the same meaning as in section 341.42 of	49
the Revised Code.	50

(7) "Originating address" means the string of characters used	51
to specify the source of any electronic mail message.	52

(8) "Person" has the same meaning as in section 1.59 of the	53
Revised Code, but when a person is not an individual, the person	54
responsible for transmitting or causing to be transmitted an	55
electronic mail advertisement is the particular division of the	56
partnership, corporation, or other business entity actually	57
responsible for the transmission of the electronic mail	58
advertisement.	59

(9) "Pre-existing business relationship" means that there was	60
a business transaction between the initiator and the recipient of	61
a commercial electronic mail message during the five-year period	62
preceding the receipt of that message. A pre-existing business	63
relationship includes a transaction involving the free provision	64
of information, goods, or services requested by the recipient. A	65
pre-existing business relationship does not exist after a	66
recipient requests to be removed from the distribution lists of an	67
initiator pursuant to division (B) of this section and a	68
reasonable amount of time has expired since that request.	69

(10) "Receiving address" means the string of characters used	70
to specify a recipient with each receiving address creating a	71
unique and separate recipient.	72

(11) "Recipient" means a person who receives an electronic	73
mail advertisement at any one of the following receiving	74
addresses:	75

(a) A receiving address furnished by an electronic mail	76
service provider that bills for furnishing and maintaining that	77
receiving address to a mailing address within this state;	78

(b) A receiving address ordinarily accessed from a computer	79
located within this state;	80

(c) A receiving address ordinarily accessed by a person	81
domiciled within this state;	82

(d) Any other receiving address with respect to which the	83
obligations imposed by this section can be imposed consistent with	84
the United States Constitution.	85

(B)(1) Except as otherwise provided in division (B)(3) of	86
this section, a person that transmits or causes to be transmitted	87
to a recipient an electronic mail advertisement shall clearly and	88
conspicuously provide to the recipient, within the body of the	89
electronic mail advertisement, both of the following:	90

(a) The person's name and complete residence or business	91
address and the electronic mail address of the person transmitting	92
the electronic mail advertisement;	93

(b) A notice that the recipient may decline to receive from	94
the person transmitting or causing to be transmitted the	95
electronic mail advertisement any additional electronic mail	96
advertisements and a detailed procedure for declining to receive	97
any additional electronic mail advertisements at no cost. The	98
notice shall be of the same size of type as the majority of the	99
text of the message and shall not require that the recipient	100
provide any information other than the receiving address.	101

(2) If the recipient of an electronic mail advertisement uses	102
the procedure contained in the notice described in division	103
(B)(1)(b) of this section to decline to receive any additional	104
electronic mail advertisements, the person that transmitted or	105
caused to be transmitted the original electronic mail	106
advertisement, within a reasonable period of time, shall cease	107
transmitting or causing to be transmitted to the receiving address	108
any additional electronic mail advertisements.	109

(3) A person does not violate division (B) of this section if	110
the person transmits or causes to be transmitted to the recipient	111
an electronic mail advertisement when any of the following apply:	112

(a) The person has a pre-existing business or personal	113
relationship with the recipient.	114

(b) The recipient has consented or has agreed as a condition	115
of service to receive the electronic mail advertisement.	116

(c) The recipient receives the electronic mail advertisement	117
because another recipient forwarded the advertisement to that	118
recipient via an internet web site or another recipient made a	119
direct referral of that recipient to receive the advertisement.	120

(C) No person shall use a computer, a computer network, or	121
the computer services of an electronic mail service provider to	122
transmit an electronic mail advertisement in contravention of the	123
authority granted by, or in violation of the policies related to	124
electronic mail advertisements set by, the electronic mail service	125
provider if the electronic mail service provider has provided the	126
person notice of those policies. For the purposes of this	127
division, notice of those policies shall be deemed sufficient if	128
an electronic mail service provider maintains an easily accessible	129
web page containing its policies regarding electronic mail	130
advertisements and can demonstrate that notice was supplied via	131
electronic means between the sending and receiving computers.	132

(D) No electronic mail service provider shall be liable for	133
transmitting another person's electronic mail advertisement	134
through its service in violation of this section, or shall be	135
liable for any action it voluntarily takes in good faith to block	136
the receipt or transmission through its service of any electronic	137
mail advertisement that it believes is, or will be sent, in	138
violation of this section.	139

(E) A recipient of an electronic mail advertisement	140
transmitted in violation of division (B) of this section may bring	141
a civil action against a person who transmitted that advertisement	142
or caused it to be transmitted. In that action, the recipient may	143
recover the following:	144

(1) One hundred dollars for each violation, not to exceed a	145
total of fifty thousand dollars;	146

(2) Reasonable attorney's fees, court costs, and other costs	147
of bringing the action.	148

(F) An electronic mail service provider whose authority or	149
policy has been contravened in violation of division (C) of this	150
section may bring a civil action against a person who transmitted	151
that advertisement or caused it to be transmitted. In that action,	152
the electronic mail service provider may recover the following:	153

(1)(a) Fifty dollars for each violation of division (C) of	154
this section, not to exceed fifty thousand dollars;	155

(b) If a violation of division (C) of this section is a	156
willful or knowing violation, the court may increase the amount	157
recoverable to an amount not to exceed five hundred thousand	158
dollars.	159

(c) If a violation of division (C) of this section is	160
accompanied by a violation of division (H) of this section, there	161
shall be no limit on the amount that may be recovered pursuant to	162
this section.	163

(2) Reasonable attorney's fees, court costs, and other costs	164
of bringing the action.	165

(G) In addition to any recovery that is allowed under	166
divisions (E) or (F) of this section, the recipient of an	167
electronic mail advertisement transmitted in violation of division	168
(B) of this section or the electronic mail service provider of an	169
advertisement transmitted in violation of division (C) of this	170
section may apply to the court of common pleas of the county in	171
which the recipient resides or the service provider is located for	172
an order enjoining the person who transmitted or caused to be	173
transmitted that electronic mail advertisement from transmitting	174
or causing to be transmitted to the recipient any additional	175
electronic mail advertisement.	176

(H) No person shall use a computer, a computer network, a	177
computer program, or the computer services of an electronic mail	178
service provider with the intent to forge an originating address	179
or other routing information, in any manner, in connection with	180
the transmission of an electronic mail advertisement through or	181
into the network of an electronic mail service provider or its	182
subscribers. Each use of a computer, a computer network, a	183
computer program, or the computer services of an electronic mail	184
service provider in violation of this division constitutes a	185
separate offense. A person who violates this division is guilty of	186
forgery under section 2913.31 of the Revised Code.	187

Sec. 2913.01.  As used in this chapter, unless the context	188
requires that a term be given a different meaning:	189

(A) "Deception" means knowingly deceiving another or causing	190
another to be deceived by any false or misleading representation,	191
by withholding information, by preventing another from acquiring	192
information, or by any other conduct, act, or omission that	193
creates, confirms, or perpetuates a false impression in another,	194
including a false impression as to law, value, state of mind, or	195
other objective or subjective fact.	196

(B) "Defraud" means to knowingly obtain, by deception, some	197
benefit for oneself or another, or to knowingly cause, by	198
deception, some detriment to another.	199

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

200

(1) Withhold property of another permanently, or for a period	201
that appropriates a substantial portion of its value or use, or	202
with purpose to restore it only upon payment of a reward or other	203
consideration;	204

(2) Dispose of property so as to make it unlikely that the	205
owner will recover it;	206

(3) Accept, use, or appropriate money, property, or services,	207
with purpose not to give proper consideration in return for the	208
money, property, or services, and without reasonable justification	209
or excuse for not giving proper consideration.	210

(D) "Owner" means, unless the context requires a different	211
meaning, any person, other than the actor, who is the owner of,	212
who has possession or control of, or who has any license or	213
interest in property or services, even though the ownership,	214
possession, control, license, or interest is unlawful.	215

(E) "Services" include labor, personal services, professional	216
services, public utility services including wireless service as	217
defined in division (F)(1) of section 4931.40 of the Revised Code,	218
common carrier services, and food, drink, transportation,	219
entertainment, and cable television services and, for purposes of	220
section 2913.04 of the Revised Code, include cable services as	221
defined in that section.	222

(F) "Writing" means any computer software, document, letter,	223
memorandum, note, paper, plate, data, film, or other thing having	224
in or upon it any written, typewritten, or printed matter, and any	225
token, stamp, seal, credit card, badge, trademark, label, or other	226
symbol of value, right, privilege, license, or identification.	227

(G) "Forge" means to fabricate or create, in whole or in part	228
and by any means, any spurious writing, or to make, execute,	229
alter, complete, reproduce, or otherwise purport to authenticate	230
any writing, when the writing in fact is not authenticated by that	231
conduct.	232

(H) "Utter" means to issue, publish, transfer, use, put or	233
send into circulation, deliver, or display.	234

(I) "Coin machine" means any mechanical or electronic device	235
designed to do both of the following:	236

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

237

(2) In return for the insertion or deposit of a coin, bill,	238
or token, automatically dispense property, provide a service, or	239
grant a license.	240

(J) "Slug" means an object that, by virtue of its size,	241
shape, composition, or other quality, is capable of being inserted	242
or deposited in a coin machine as an improper substitute for a	243
genuine coin, bill, or token made for that purpose.	244

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

245

(1) A violation of section 2911.01, 2911.02, 2911.11,	246
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	247
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	248
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	249
2913.47, former section 2913.47 or 2913.48, or section 2913.51,	250
2915.05, or 2921.41 of the Revised Code;	251

(2) A violation of an existing or former municipal ordinance	252
or law of this or any other state, or of the United States,	253
substantially equivalent to any section listed in division (K)(1)	254
of this section or a violation of section 2913.41, 2913.81, or	255
2915.06 of the Revised Code as it existed prior to July 1, 1996;	256

(3) An offense under an existing or former municipal	257
ordinance or law of this or any other state, or of the United	258
States, involving robbery, burglary, breaking and entering, theft,	259
embezzlement, wrongful conversion, forgery, counterfeiting,	260
deceit, or fraud;	261

(4) A conspiracy or attempt to commit, or complicity in	262
committing, any offense under division (K)(1), (2), or (3) of this	263
section.	264

(L) "Computer services" includes, but is not limited to, the	265
use of a computer system, computer network, computer program, data	266
that is prepared for computer use, or data that is contained	267
within a computer system or computer network.	268

(M) "Computer" means an electronic device that performs	269
logical, arithmetic, and memory functions by the manipulation of	270
electronic or magnetic impulses. "Computer" includes, but is not	271
limited to, all input, output, processing, storage, computer	272
program, or communication facilities that are connected, or	273
related, in a computer system or network to an electronic device	274
of that nature.	275

(N) "Computer system" means a computer and related devices,	276
whether connected or unconnected, including, but not limited to,	277
data input, output, and storage devices, data communications	278
links, and computer programs and data that make the system capable	279
of performing specified special purpose data processing tasks.	280

(O) "Computer network" means a set of related and remotely	281
connected computers and communication facilities that includes	282
more than one computer system that has the capability to transmit	283
among the connected computers and communication facilities through	284
the use of computer facilities.	285

(P) "Computer program" means an ordered set of data	286
representing coded instructions or statements that, when executed	287
by a computer, cause the computer to process data.	288

(Q) "Computer software" means computer programs, procedures,	289
and other documentation associated with the operation of a	290
computer system.	291

(R) "Data" means a representation of information, knowledge,	292
facts, concepts, or instructions that are being or have been	293
prepared in a formalized manner and that are intended for use in a	294
computer, computer system, or computer network. For purposes of	295
section 2913.47 of the Revised Code, "data" has the additional	296
meaning set forth in division (A) of that section.	297

(S) "Cable television service" means any services provided by	298
or through the facilities of any cable television system or other	299
similar closed circuit coaxial cable communications system, or any	300
microwave or similar transmission service used in connection with	301
any cable television system or other similar closed circuit	302
coaxial cable communications system.	303

(T) "Gain access" means to approach, instruct, communicate	304
with, store data in, retrieve data from, or otherwise make use of	305
any resources of a computer, computer system, or computer network,	306
or any cable service or cable system both as defined in section	307
2913.04 of the Revised Code.	308

(U) "Credit card" includes, but is not limited to, a card,	309
code, device, or other means of access to a customer's account for	310
the purpose of obtaining money, property, labor, or services on	311
credit, or for initiating an electronic fund transfer at a	312
point-of-sale terminal, an automated teller machine, or a cash	313
dispensing machine. It also includes a county procurement card	314
issued under section 301.29 of the Revised Code.	315

(V) "Electronic fund transfer" has the same meaning as in 92	316
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	317

(W) "Rented property" means personal property in which the	318
right of possession and use of the property is for a short and	319
possibly indeterminate term in return for consideration; the	320
rentee generally controls the duration of possession of the	321
property, within any applicable minimum or maximum term; and the	322
amount of consideration generally is determined by the duration of	323
possession of the property.	324

(X) "Telecommunication" means the origination, emission,	325
dissemination, transmission, or reception of data, images,	326
signals, sounds, or other intelligence or equivalence of	327
intelligence of any nature over any communications system by any	328
method, including, but not limited to, a fiber optic, electronic,	329
magnetic, optical, digital, or analog method.	330

(Y) "Telecommunications device" means any instrument,	331
equipment, machine, or other device that facilitates	332
telecommunication, including, but not limited to, a computer,	333
computer network, computer chip, computer circuit, scanner,	334
telephone, cellular telephone, pager, personal communications	335
device, transponder, receiver, radio, modem, or device that	336
enables the use of a modem.	337

(Z) "Telecommunications service" means the providing,	338
allowing, facilitating, or generating of any form of	339
telecommunication through the use of a telecommunications device	340
over a telecommunications system.	341

(AA) "Counterfeit telecommunications device" means a	342
telecommunications device that, alone or with another	343
telecommunications device, has been altered, constructed,	344
manufactured, or programmed to acquire, intercept, receive, or	345
otherwise facilitate the use of a telecommunications service or	346
information service without the authority or consent of the	347
provider of the telecommunications service or information service.	348
"Counterfeit telecommunications device" includes, but is not	349
limited to, a clone telephone, clone microchip, tumbler telephone,	350
or tumbler microchip; a wireless scanning device capable of	351
acquiring, intercepting, receiving, or otherwise facilitating the	352
use of telecommunications service or information service without	353
immediate detection; or a device, equipment, hardware, or software	354
designed for, or capable of, altering or changing the electronic	355
serial number in a wireless telephone.	356

(BB)(1) "Information service" means, subject to division	357
(BB)(2) of this section, the offering of a capability for	358
generating, acquiring, storing, transforming, processing,	359
retrieving, utilizing, or making available information via	360
telecommunications, including, but not limited to, electronic	361
publishing.	362

(2) "Information service" does not include any use of a	363
capability of a type described in division (BB)(1) of this section	364
for the management, control, or operation of a telecommunications	365
system or the management of a telecommunications service.	366

(CC) "Elderly person" means a person who is sixty-five years	367
of age or older.	368

(DD) "Disabled adult" means a person who is eighteen years of	369
age or older and has some impairment of body or mind that makes	370
the person unfit to work at any substantially remunerative	371
employment that the person otherwise would be able to perform and	372
that will, with reasonable probability, continue for a period of	373
at least twelve months without any present indication of recovery	374
from the impairment, or who is eighteen years of age or older and	375
has been certified as permanently and totally disabled by an	376
agency of this state or the United States that has the function of	377
so classifying persons.	378

(EE) "Firearm" and "dangerous ordnance" have the same	379
meanings as in section 2923.11 of the Revised Code.	380

(FF) "Motor vehicle" has the same meaning as in section	381
4501.01 of the Revised Code.	382

(GG) "Dangerous drug" has the same meaning as in section	383
4729.01 of the Revised Code.	384

(HH) "Drug abuse offense" has the same meaning as in section	385
2925.01 of the Revised Code.	386

Sec. 4931.40.  As used in sections 4931.40 to 4931.544931.70	387
of the Revised Code:	388

(A) "9-1-1 system" means a system through which individuals	389
can request emergency service using the telephone number 9-1-1.	390

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	391
provides information on the nature of and the location of an	392
emergency, and the personnel receiving the call must determine the	393
appropriate emergency service provider to respond at that	394
location.	395

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	396
providing both enhanced wireline 9-1-1 and wireless enhanced	397
9-1-1.	398

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	399
the wireline telephone network system, in providing wireline	400
9-1-1, automatically provides to personnel receiving the call,	401
immediately on answering the 9-1-1 call, information on the	402
location and the telephone number from which the call is being	403
made, and routes the call to emergency service providers that	404
serve the location from which the call is made and immediately	405
provides to personnel answering the 9-1-1 call information on the	406
location and the telephone number from which the call is being	407
made.	408

(D)(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that,	409
in providing wireless 9-1-1, has the capabilities of phase I and,	410
to the extent available, phase II enhanced 9-1-1 services as	411
described in 47 C.F.R. 20.18 (d) to (h).	412

(F)(1) "Wireless service" means federally licensed commercial	413
mobile service as defined in 47 U.S.C. 332(d) and further defined	414
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	415
service provided by any wireless, two-way communications device,	416
including a radio-telephone communications line used in cellular	417
telephone service or personal communications service, a network	418
radio access line, or any functional or competitive equivalent of	419
such a radio-telephone communications or network radio access	420
line.	421

(2) Nothing in sections 4931.40 to 4931.70 of the Revised	422
Code applies to paging or any service that cannot be used to call	423
9-1-1.	424

(G) "Wireless service provider" means a facilities-based	425
provider of wireless service to one or more end users in this	426
state.	427

(H) "Wireless 9-1-1" means the emergency calling service	428
provided by a 9-1-1 system pursuant to a call originating in the	429
network of a wireless service provider.	430

(I) "Wireline 9-1-1" means the emergency calling service	431
provided by a 9-1-1 system pursuant to a call originating in the	432
network of a wireline service provider.	433

(J) "Wireline service provider" means a facilities-based	434
provider of wireline service to one or more end-users in this	435
state.	436

(K) "Wireline service" means basic local exchange service, as	437
defined in section 4927.01 of the Revised Code, that is	438
transmitted by means of interconnected wires or cables by a	439
wireline service provider authorized by the public utilities	440
commission.	441

(L) "Wireline telephone network" means the selective router	442
and data base processing systems, trunking and data wiring cross	443
connection points at the public safety answering point, and all	444
other voice and data components of the 9-1-1 system.	445

(M) "Subdivision" means a county, municipal corporation,	446
township, township fire district, joint fire district, township	447
police district, joint ambulance district, or joint emergency	448
medical services district that provides emergency service within	449
its territory, or that contracts with another municipal	450
corporation, township, or district or with a private entity to	451
provide such service; and a state college or university, port	452
authority, or park district of any kind that employs law	453
enforcement officers that act as the primary police force on the	454
grounds of the college or university or port authority or in the	455
parks operated by the district.	456

(E)(N) "Emergency service" means emergency policelaw	457
enforcement, firefighting, ambulance, rescue, and medical service.	458

(F)(O) "Emergency service provider" means the state highway	459
patrol and an emergency service department or unit of a	460
subdivision or that operates inprovides emergency service to a	461
subdivision under contract with the subdivision.	462

(G)(P) "Public safety answering point" means a facility to	463
which 9-1-1 system calls for a specific territory are initially	464
routed for response and where subdivision personnel respond to	465
specific requests for emergency service by directly dispatching	466
the appropriate emergency service provider, relaying a message to	467
the appropriate provider, or transferring the call to the	468
appropriate provider.	469

(H)(Q) "Customer premises equipment" means telecommunications	470
equipment, including telephone instruments, on the premises of a	471
public safety answering point that is used in answering and	472
responding to 9-1-1 system calls.	473

(I)(R) "Municipal corporation in the county" includes any	474
municipal corporation that is wholly contained in the county and	475
each municipal corporation located in more than one county that	476
has a greater proportion of its territory in the county to which	477
the term refers than in any other county.	478

(J)(S) "Board of county commissioners" includes the	479
legislative authority of a county established under Section 3 of	480
Article X, Ohio Constitution, or Chapter 302. of the Revised Code.	481

(K)(T) "Final plan" means a final plan adopted under division	482
(B) of section 4931.44 of the Revised Code and, except as	483
otherwise expressly provided, an amended final plan adopted under	484
section 4931.45 of the Revised Code.	485

(L)(U) "Subdivision served by a public safety answering	486
point" means a subdivision that provides emergency service for any	487
part of its territory that is located within the territory of a	488
public safety answering point whether the subdivision provides the	489
emergency service with its own employees or pursuant to a	490
contract.	491

(M)(V) A township's population includes only population of	492
the unincorporated portion of the township.	493

(N)(W) "Telephone company" means a company engaged in the	494
business of providing local exchange telephone service by making	495
available or furnishing access and a dial tone to persons within a	496
local calling area for use in originating and receiving voice	497
grade communications over a switched network operated by the	498
provider of the service within the area and gaining access to	499
other telecommunications services. "Telephone company" includes a	500
wireline service provider and a wireless service provider unless	501
otherwise expressly specified. For purposes of sections 4931.52	502
and 4931.53 of the Revised Code, "telephone company" means a	503
wireline service provider.	504

Sec. 4931.41.  (A)(1) A countywide 9-1-1 system shall include	505
all of the territory of the townships and municipal corporations	506
in the county and any portion of such a municipal corporation that	507
extends into an adjacent county.	508

(2) The system shall exclude any territory served by a	509
telephone companywireline service provider that is not capable of	510
reasonably meeting the technical and economic requirements of	511
providing the wireline telephone network portion of the countywide	512
system for that territory. The system shall exclude from enhanced	513
9-1-1 service any territory served by a telephone companywireline	514
service provider that is not capable of reasonably meeting the	515
technical and economic requirements of providing the wireline	516
telephone network portion of an enhanced 9-1-1 service for that	517
territory. If a 9-1-1 planning committee and a telephone company	518
wireline service provider do not agree on whether the telephone	519
companyprovider is so capable, the committee shall notify the	520
public utilities commission, and the commission shall determine	521
whether the companywireline service provider is so capable. The	522
committee shall ascertain whether such disagreement exists before	523
making its implementation proposal under division (A) of section	524
4931.43 of the Revised Code. The commission's determination shall	525
be in the form of an order. No final plan shall require a	526
telephone companywireline service provider to provide the	527
wireline telephone network portion of a 9-1-1 system that the	528
commission has determined the companyprovider is not reasonably	529
capable of providing.	530

(B) A countywide 9-1-1 system may be a basic or enhanced	531
9-1-1 system, or a combination of the two, and shall be for the	532
purpose of providing both wireline 9-1-1 and wireless 9-1-1.	533

(C) Every emergency service provider that provides emergency	534
service within the territory of a countywide 9-1-1 system shall	535
participate in the countywide system.	536

(D)(1) Each public safety answering point shall be operated	537
by a subdivision and shall be operated constantly.	538

(2) A subdivision that operates a public safety answering	539
point shall pay all of the costs associated with establishing,	540
equipping, furnishing, operating, and maintaining that facility	541
and shall allocate those costs among itself and the subdivisions	542
served by the answering point based on the allocation formula in a	543
final plan. The telephone companywireline service provider or	544
other entity that provides or maintains the customer premises	545
equipment shall bill the operating subdivision for the cost of	546
providing such equipment, or its maintenance. A wireless service	547
provider and a subdivision operating a public safety answering	548
point may enter into a service agreement for providing wireless	549
enhanced 9-1-1 pursuant to a final plan adopted under sections	550
4931.40 to 4931.70 of the Revised Code.	551

(E) Except to the extent provided in a final plan that	552
provides for funding of a 9-1-1 system in part through charges	553
imposed under section 4931.51 of the Revised Code, each	554
subdivision served by a public safety answering point shall pay	555
the subdivision that operates the answering point the amount	556
computed in accordance with the allocation formula set forth in	557
the final plan.	558

(F) Notwithstanding any other provision of law, the purchase	559
or other acquisition, installation, and maintenance of the	560
telephone network for a 9-1-1 system and the purchase or other	561
acquisition, the installation, and maintenance of customer	562
premises equipment at a public safety answering point made in	563
compliance with a final plan or an agreement under section 4931.48	564
of the Revised Code, including customer premises equipment used to	565
provide wireless enhanced 9-1-1, are not subject to any	566
requirement of competitive bidding.	567

(G) Each emergency service provider participating in a	568
countywide 9-1-1 system shall maintain a telephone number in	569
addition to 9-1-1.	570

(H) Whenever a final plan provides for the implementation of	571
basic 9-1-1 service, the planning committee shall so notify the	572
public utilities commission, which shall determine whether the	573
telephone companieswireline service providers serving the	574
territory covered by the plan are capable of reasonably meeting	575
the technical and economic requirements of providing the wireline	576
telephone network portion of an enhanced 9-1-1 system. The	577
determination shall be made solely for purposes of division	578
(C)(2)(a) of section 4931.47 of the Revised Code.	579

(I) If the public safety answering point personnel reasonably	580
determine that a 9-1-1 call is not an emergency, the personnel	581
shall provide the caller with the telephone number of thean	582
appropriate emergency service providersubdivision agency as	583
applicable.	584

(J) A final plan adopted under sections 4931.40 to 4931.70 of	585
the Revised Code, or an agreement under section 4931.48 of the	586
Revised Code, may provide that, by further agreement included in	587
the plan or agreement, the state highway patrol or one or more	588
public safety answering points of another 9-1-1 system is the	589
public safety answering point or points for the provision of	590
wireline or wireless 9-1-1 for all or part of the territory of the	591
9-1-1 system established under the plan or agreement. In that	592
event, the subdivision for which the wireline or wireless 9-1-1 is	593
provided as named in the agreement shall be deemed the subdivision	594
operating the public safety answering point or points for purposes	595
of sections 4931.40 to 4931.70 of the Revised Code, except that,	596
for the purpose of division (D)(2) of this section, that	597
subdivision shall pay only so much of the costs of establishing,	598
equipping, furnishing, operating, or maintaining any such public	599
safety answering point as are specified in the agreement with the	600
patrol or other system.	601

(K) A final plan for the provision of wireless enhanced 9-1-1	602
shall provide that any wireless 9-1-1 calls routed to a state	603
highway patrol-operated public safety answering point by default,	604
due to a wireless service provider so routing all such calls of	605
its subscribers without prior permission, are instead to be routed	606
as provided under the plan. Upon the implementation of countywide	607
wireless enhanced 9-1-1 pursuant to a final plan, the state	608
highway patrol shall cease any functioning as a public safety	609
answering point providing wireless 9-1-1 within the territory	610
covered by the countywide 9-1-1 system so established, unless the	611
patrol functions as a public safety answering point providing	612
wireless enhanced 9-1-1 pursuant to an agreement included in the	613
plan as authorized under division (J) of this section.	614

Sec. 4931.43.  (A) The 9-1-1 planning committee shall prepare	615
a proposal on the implementation of a countywide 9-1-1 system and	616
shall hold a public meeting on the proposal to explain the system	617
to and receive comments from public officials. At least thirty but	618
not more than sixty days before the meeting, the committee shall	619
send a copy of the implementation proposal and written notice of	620
the meeting:	621

(1) By certified mail, to the board of county commissioners,	622
the legislative authority of each municipal corporation in the	623
county, and to the board of trustees of each township in the	624
county; and	625

(2) To the board of trustees, directors, or park	626
commissioners of each subdivision that will be served by a public	627
safety answering point under the plan.	628

(B) The proposal and the final plan adopted by the committee	629
shall specify:	630

(1) Which telephone companies serving customers in the county	631
and, as authorized in division (A)(1) of section 4931.41 of the	632
Revised Code, in an adjacent county will participate in the 9-1-1	633
system;	634

(2) The location and number of public safety answering	635
points; how they will be connected to a company's telephone	636
network; from what geographic territory each will receive 9-1-1	637
calls; whether basic or enhanced 9-1-1 service will be provided	638
within such territory; what subdivisions will be served by the	639
answering point; and whether an answering point will respond to	640
calls by directly dispatching an emergency service provider, by	641
relaying a message to the appropriate provider, or by transferring	642
the call to the appropriate provider;	643

(3) WhatWhich subdivision will establish, equip, furnish,	644
operate, and maintain eacha particular public safety answering	645
point;	646

(4) A projection of the initial cost of establishing,	647
equipping, and furnishing and of the annual cost of the first five	648
years of operating and maintaining each public safety answering	649
point;	650

(5) Whether the cost of establishing, equipping, furnishing,	651
operating, or maintaining each public safety answering point	652
should be funded through charges imposed under section 4931.51 of	653
the Revised Code or will be allocated among the subdivisions	654
served by the answering point and, if any such cost is to be	655
allocated, the formula for so allocating it;	656

(6) How each emergency service provider will respond to a	657
misdirected call.	658

(C) Following the meeting required by this section, the 9-1-1	659
planning committee may modify the implementation proposal and, no	660
later than nine months after the resolution authorized by section	661
4931.414931.42 of the Revised Code is adopted, may adopt, by	662
majority vote, adopt a final plan for implementing a countywide	663
9-1-1 system. If a planning committee and telephone company	664
wireline service provider do not agree on whether the telephone	665
companywireline service provider is capable of providing the	666
wireline telephone network as described under division (A) of	667
section 4931.41 of the Revised Code and the planning committee	668
refers that question to the public utilities commission, the	669
commission may extend the nine-month deadline established by this	670
division to twelve months. Immediately on completion of the plan,	671
the committee shall send a copy of the final plan:	672

(1) By certified mail to the board of county commissioners of	673
the county, to the legislative authority of each municipal	674
corporation in the county, and to the board of township trustees	675
of each township in the county; and	676

(2) To the board of trustees, directors, or park	677
commissioners of each subdivision that will be served by a public	678
safety answering point under the plan.	679

(D) If the committee has not adopted a final plan on or	680
before the deadline in division (C) of this section, the committee	681
shall cease to exist. A new 9-1-1 planning committee may be	682
convened in the manner established in section 4931.42 of the	683
Revised Code to develop an implementation proposal and final plan	684
in accordance with the requirements of sections 4931.42 to 4931.44	685
of the Revised Code.	686

Sec. 4931.44.  (A) Within sixty days after receipt of the	687
final plan pursuant to division (C) of section 4931.43 of the	688
Revised Code, the board of county commissioners of the county and	689
the legislative authority of each municipal corporation in the	690
county and of each township whose territory is proposed to be	691
included in a countywide 9-1-1 system shall act by resolution to	692
approve or disapprove the plan, except that, with respect to a	693
final plan that provides for funding of the 9-1-1 system in part	694
through charges imposed under section 4931.51 of the Revised Code,	695
the board of county commissioners shall not act by resolution to	696
approve or disapprove the plan until after a resolution adopted	697
under section 4931.51 of the Revised Code has become effective as	698
provided in division (D) of that section. A municipal corporation	699
or township whose territory is proposed to be included in the	700
system includes any municipal corporation or township in which a	701
part of its territory is excluded pursuant to division (A)(2) of	702
section 4931.41 of the Revised Code. Each such authority shall	703
immediately shall notify the board of county commissioners in	704
writing of its approval or disapproval of the final plan. Failure	705
by a board or legislative authority to notify the board of county	706
commissioners of approval or disapproval within such sixty-day	707
period shall be deemed disapproval by suchthe board or authority.	708

(B) As used in this division, "county's population" excludes	709
the population of any municipal corporation or township that,	710
under the plan, is completely excluded from 9-1-1 service in the	711
county's final plan. A countywide plan will becomeis effective if	712
all of the following entities approve the plan in accordance with	713
this section:	714

(1) The board of county commissioners;

715

(2) The legislative authority of a municipal corporation that	716
contains at least thirty per cent of the county's population, if	717
any;	718

(3) The legislative authorities of municipal corporations and	719
townships that contain at least sixty per cent of the county's	720
population or, if the plan has been approved by a municipal	721
corporation that contains at least sixty per cent of the county's	722
population, by the legislative authorities of municipal	723
corporations and townships that contain at least seventy-five per	724
cent of the county's population.	725

(C) After a countywide plan approved in accordance with this	726
section is adopted, all of the telephone companies and	727
subdivisions included in the plan are subject to the specific	728
requirements of the plan and to sections 4931.40 to 4931.54	729
4931.70 of the Revised Code.	730

Sec. 4931.45.  (A) AAn amended final plan may be amended to	731
expandis required for any of the following purposes:	732

(1) Expanding the territory included in the countywide 9-1-1	733
system, to upgrade;	734

(2) Upgrading any part or all of a system from basic 9-1-1 to	735
enhanced wireline 9-1-1 service, to adjust;	736

(3) Adjusting the territory served by a public safety	737
answering point, to represcribe;	738

(4) Represcribing the funding of public safety answering	739
points as between the alternatives set forth in division (B)(5) of	740
section 4931.43 of the Revised Code, or to make;	741

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

742

(6) Adding a telephone company as a participant in a	743
countywide 9-1-1 system after the implementation of wireline 9-1-1	744
or wireless enhanced 9-1-1;	745

(7) Providing that the state highway patrol or one or more	746
public safety answering points of another 9-1-1 system function as	747
a public safety answering point or points for the provision of	748
wireline or wireless 9-1-1 for all or part of the territory of the	749
system established under the final plan, as contemplated under	750
division (J) of section 4931.41 of the Revised Code;	751

(8) Making any other necessary adjustments to the plan only	752
by convening a new 9-1-1 planning committee, and adopting an	753
amended final plan. The convening of a new 9-1-1 planning	754
committee and the proposal and adoption of an amended final plan	755
shall be made in the same manner required for the convening of an	756
initial committee and adoption of an original proposed and final	757
plan under sections 4931.42 to 4931.44 of the Revised Code.	758
Adoption	759

The adoption of an amended final plan under this division	760
shall be subject to, and accomplished in the manner of the	761
adoption of an initial final plan under, sections 4931.42 to	762
4931.44 of the Revised Code, including the requirements for the	763
convening of a 9-1-1 planning committee and development of a	764
proposed plan prior to the adoption of the final plan. However, a	765
final plan is deemed amended for the purpose described in division	766
(A)(6) of this section upon the filing, with the board of county	767
commissioners of the county that approved the final plan for the	768
countywide 9-1-1 system, of a written letter of intent by the	769
entity to be added as a participant in the 9-1-1 system. The	770
entity shall send written notice of the filing to all subdivisions	771
and telephone companies participating in the system. Further,	772
adoption of any resolution under section 4931.51 of the Revised	773
Code pursuant to a final plan that both has been adopted and	774
provides for funding through charges imposed under that section is	775
not an amendment of a final plan for the purpose of this division.	776

(B) When a final plan is amended to expand the territory that	777
receives 9-1-1 service or to upgrade a 9-1-1 system from basic to	778
enhanced 9-1-1 servicefor a purpose described in division (A)(1),	779
(2), or (6) of this section, the provisions of sections 4931.47	780
and 5727.39 of the Revised Code apply with respect to the	781
telephone company's recovery of the nonrecurring and recurring	782
rates and charges for the wireline telephone network portion of	783
the 9-1-1 system. When a final plan is amended for the purpose	784
described in division (A)(5) of this section, the provisions apply	785
with respect to the recovery of only the nonrecurring rates and	786
charges for the wireline telephone network portion of the 9-1-1	787
system.	788

Sec. 4931.46.  (A) Within three years from the date aan	789
initial final plan becomes effective under division (B) of section	790
4931.44 of the Revised Code, the telephone companieswireline	791
service providers designated in the plan shall have installed the	792
wireline telephone network portion of the 9-1-1 system according	793
to the terms, conditions, requirements, and specifications set	794
forth in that plan.	795

(B)(1) Upon installation of a countywide 9-1-1 system, the	796
board of county commissioners may direct the county engineer to	797
erect and maintain at the county boundaries on county roads and	798
state and interstate highways, signs indicating the availability	799
of a countywide 9-1-1 system. Any sign erected by a county under	800
this section shall be erected in accordance with and meet the	801
specifications established under division (B)(2) of this section.	802
All expenses incurred in erecting and maintaining the signs shall	803
be paid by the county.	804

(2) The director of transportation shall develop design	805
specifications for signs giving notice of the availability of a	806
countywide 9-1-1 system. The director also shall establish	807
standards for the erection of the signs and, in accordance with	808
federal law and regulations and recognized engineering practices,	809
specify those locations where the signs shall not be erected.	810

Sec. 4931.47.  (A) In accordance with Chapters 4901., 4903.,	811
4905., 4909., and 4931. of the Revised Code, the public utilities	812
commission shall determine the just, reasonable, and compensatory	813
rates, tolls, classifications, charges, or rentals to be observed	814
and charged for the wireline telephone network portion of a basic	815
andor enhanced 9-1-1 system, and each telephone company that is a	816
wireline service provider participating in the system shall be	817
subject to such chapters, to the extent they apply, as to the	818
service provided by its portion of the wireline telephone network	819
for the system as described in the final plan or to be installed	820
pursuant to agreements under section 4931.48 of the Revised Code,	821
and as to the rates, tolls, classifications, charges, or rentals	822
to be observed and charged for that service.	823

(B) Only the customers of a participating telephone company	824
described in division (A) of this section that are served within	825
the area covered by a 9-1-1 system shall pay the recurring rates	826
for the maintenance and operation of the company's portion of the	827
wireline telephone network in providing 9-1-1 serviceof the	828
system. Such rates shall be computed by dividing the total monthly	829
recurring rates set forth in a telephonethe company's schedule as	830
filed in accordance with section 4905.30 of the Revised Code, by	831
the total number of residential and business customer access	832
lines, or their equivalent, within the area served. Each	833
residential and business customer within the area served shall pay	834
the recurring rates based on the number of its residential and	835
business customer access lines or their equivalent. No company may	836
shall include such amount on any customer's bill until the company	837
has completed its portion of the wireline telephone network in	838
accordance with the terms, conditions, requirements, and	839
specifications of the final plan or an agreement made under	840
section 4931.48 of the Revised Code.	841

(C)(1) Except as otherwise provided in division (C)(2)(a) or	842
(b) of this section, a participating telephone company described	843
in division (A) of this section may receive through the credit	844
authorized by section 5727.39 of the Revised Code the total	845
nonrecurring charges for its portion of the wireline telephone	846
network used in providing 9-1-1 service,of the system and the	847
total nonrecurring charges for any updating or modernization of	848
that wireline telephone network in accordance with the terms,	849
conditions, requirements, and specifications of the final plan or	850
pursuant to agreements under section 4931.48 of the Revised Code,	851
as any such charges are set forth in the schedule filed by a	852
telephone company in accordance with section 4905.30 of the	853
Revised Code, on completion of the installation of the network in	854
accordance with the terms, conditions, requirements, and	855
specifications of the final plan or pursuant to section 4931.48 of	856
the Revised Code shall be recovered by the company through the	857
credit authorized by section 5727.39 of the Revised Code. That	858
portion, updating, or modernization may be for or include the	859
provision of wireless 9-1-1. As applicable, the receipt of those	860
charges shall occur only upon the completion of the installation	861
of the network or the completion of the updating or modernization.	862

(2)(a) The credit shall not be allowed under division (C)(1)	863
of this section for the upgrading of a system from basic to	864
enhanced wireline 9-1-1 service whenif both of the following	865
apply:	866

(a)(i) The telephone company received the credit for the	867
wireline telephone network portion of the basic 9-1-1 system now	868
proposed to be upgraded; and.	869

(b)(ii) At the time the final plan or agreement pursuant to	870
section 4931.48 of the Revised Code calling for the basic 9-1-1	871
system was agreed to, the telephone company was capable of	872
reasonably meeting the technical and economic requirements of	873
providing the wireline telephone network portion of an enhanced	874
9-1-1 system within the territory proposed to be upgraded, as	875
determined by the public utilities commission under division (A)	876
or (H) of section 4931.41 or division (C) of section 4931.48 of	877
the Revised Code.	878

(b) The credit shall not be allowed under division (C)(1) of	879
this section for any portion of the total nonrecurring charges for	880
the wireline telephone network used in providing wireless 9-1-1,	881
as set forth in the schedule filed by the telephone company in	882
accordance with section 4905.30 of the Revised Code, to the extent	883
the telephone company, in otherwise providing 9-1-1 service,	884
previously received those charges through the credit authorized by	885
section 5727.39 of the Revised Code, or receives or received those	886
charges from a wireless service provider pursuant to a tariff or	887
contract.	888

(3) WhenIf the credit is not allowed under division	889
(C)(2)(a) of this section, the total nonrecurring charges for the	890
wireline telephone network used in providing 9-1-1 service, as set	891
forth in the schedule filed by a telephone company in accordance	892
with section 4905.30 of the Revised Code, on completion of the	893
installation of the network in accordance with the terms,	894
conditions, requirements, and specifications of the final plan or	895
pursuant to section 4931.48 of the Revised Code, shall be paid by	896
the municipal corporations and townships with any territory in the	897
area in which such upgrade from basic to enhanced 9-1-1 service is	898
made.	899

(D) WhereIf customer premises equipment for a public safety	900
answering point is supplied by a telephone company that is	901
required to file a schedule under section 4905.30 of the Revised	902
Code pertaining to customer premises equipment, the recurring and	903
nonrecurring rates and charges for the installation and	904
maintenance of the equipment specified in the schedule shall	905
apply.	906

Sec. 4931.48.  (A) If a final plan is disapproved under	907
division (B) of section 4931.44 of the Revised Code, by	908
resolution, the legislative authority of a municipal corporation	909
or township that contains at least thirty per cent of the county's	910
population may establish within its boundaries, or the legislative	911
authorities of a group of municipal corporations or townships each	912
of which is contiguous with at least one other such municipal	913
corporation or township in the group, together containing at least	914
thirty per cent of the county's population, may jointly establish	915
within their boundaries a 9-1-1 system. For thisthat purpose, the	916
municipal corporation or township may enter into an agreement, and	917
the contiguous municipal corporations or townships may jointly	918
enter into an agreement with aone or more telephone company	919
providing service in the municipal corporations or townships to	920
provide for the telephone network portion of the systemcompanies.	921

(B) If no resolution has been adopted to convene a 9-1-1	922
planning committee under section 4931.42 of the Revised Code, but	923
not sooner than eighteen months after the effective date of such	924
section, by resolution, the legislative authority of any municipal	925
corporation in the county may establish within its boundaries, or	926
the legislative authorities of a group of municipal corporations	927
and townships each of which is contiguous to at least one of the	928
other such municipal corporations or townships in the group may	929
jointly establish within their boundaries, a 9-1-1 system. TheFor	930
that purpose, the municipal corporation, or contiguous municipal	931
corporations and townships, may enter into an agreement with aone	932
or more telephone company serving customers within the boundaries	933
of the municipal corporation or contiguous municipal corporations	934
and townships, to provide for the telephone network portion of a	935
9-1-1 systemcompanies.	936

(C) Whenever a telephone company that is a wireline service	937
provider and one or more municipal corporations and townships	938
enter into an agreement under division (A) or (B) of this section	939
to provide for the wireline telephone network portion of a basic	940
9-1-1 system, the telephone company shall so notify the public	941
utilities commission, which shall determine whether the telephone	942
company is capable of reasonably meeting the technical and	943
economic requirements of providing the wireline telephone network	944
for an enhanced system within the territory served by the company	945
and covered by the agreement. The determination shall be made	946
solely for the purposes of division (C)(2) of section 4931.47 of	947
the Revised Code.	948

(D) Within three years from the date of entering into an	949
initial agreement described under division (A) or (B)(C) of this	950
section, the telephone company shall have installed the wireline	951
telephone network portion of the 9-1-1 system according to the	952
terms, conditions, requirements, and specifications set forth in	953
the agreement.	954

(E) TheA telephone company that is a wireline service	955
provider shall recover the cost of installing the wireline	956
telephone network system pursuant to agreements made under this	957
section as provided in sections 4931.47 and 5727.39 of the Revised	958
Code.	959

Sec. 4931.49.  (A)(1) The state, the state highway patrol, or	960
a subdivision participating in a 9-1-1 system established under	961
sections 4931.40 to 4931.70 of the Revised Code and any officer,	962
agent, or employee, or independent contractor of the state, the	963
state highway patrol, or such a participating subdivision is not	964
liable in damages in a civil action for injuries, death, or loss	965
to persons or property arising from any act or omission, except	966
willful or wanton misconduct, in connection with developing,	967
adopting, or approving any final plan or any agreement made under	968
section 4931.48 of the Revised Code or otherwise bringing into	969
operation athe 9-1-1 system pursuant to those provisionssections	970
4931.40 to 4931.70 of the Revised Code.	971

(2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory	972
board, and any member of that council or board are not liable in	973
damages in a civil action for injuries, death, or loss to persons	974
or property arising from any act or omission, except willful or	975
wanton misconduct, in connection with the development or operation	976
of a 9-1-1 system established under sections 4931.40 to 4931.70 of	977
the Revised Code.	978

(B) Except as otherwise provided in sections 701.02 and	979
section 4765.49 of the Revised Code, an individual who gives	980
emergency instructions through a 9-1-1 system established under	981
sections 4931.40 to 4931.544931.70 of the Revised Code, and the	982
principals for whom the person acts, including both employers and	983
independent contractors, public and private, and an individual who	984
follows emergency instructions and the principals for whom that	985
person acts, including both employers and independent contractors,	986
public and private, are not liable in damages in a civil action	987
for injuries, death, or loss to persons or property arising from	988
the issuance or following of emergency instructions, except where	989
the issuance or following of the instructions constitutes willful	990
or wanton misconduct.	991

(C) A telephone company, and any other installer, maintainer,	992
or provider, through the sale or otherwise, of customer premises	993
equipment, and their respective officers, directors, employees,	994
agents, and suppliers are not liable in damages in a civil action	995
for injuries, death, or loss to persons or property incurred by	996
any person resulting from such an entity's or its officers',	997
directors', employees', agents', or suppliers' participation in or	998
acts or omissions in connection with that participation	999
participating in or developing, maintaining, or operating a 9-1-1	1000
system, whether that system is established pursuant to sections	1001
4931.40 to 4931.544931.70 of the Revised Code or otherwise in	1002
accordance with the telephone company's schedules regarding 9-1-1	1003
systems filed with the public utilities commission pursuant to	1004
section 4905.30 of the Revised Code by a telephone company that is	1005
a wireline service provider.	1006

(D) No person shall knowingly use the telephone number of the	1007
a 9-1-1 system established under sections 4931.40 to 4931.70 of	1008
the Revised Code to report an emergency if the person knows that	1009
no emergency exists.	1010

(E) No person shall knowingly use a 9-1-1 system for a	1011
purpose other than obtaining emergency service.	1012

(F) No person shall disclose or use, for any purpose other	1013
than for the 9-1-1 system, any information concerning telephone	1014
numbers, addresses, or names obtained from the data base that	1015
serves the public safety answering point of a 9-1-1 system	1016
established under sections 4931.40 to 4931.544931.70 of the	1017
Revised Code, except thatfor any of the following purposes or	1018
under any of the following circumstances:	1019

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

1020

(2) For the purpose of responding to an emergency call to an	1021
emergency service provider;	1022

(3) In the circumstance of the inadvertent disclosure of such	1023
information due solely to technology of the wireline telephone	1024
network portion of the 9-1-1 system not allowing access to the	1025
data base to be restricted to 9-1-1 specific answering lines at a	1026
public safety answering point;	1027

(4) In the circumstance of assistance given by a telephone	1028
company may disclose or use such informationthat is a wireline	1029
service provider to assist a public utility or municipal utility	1030
in handling customer calls in times of public emergency or service	1031
outages. The charge, terms, and conditions for the disclosure or	1032
use of such information by the telephone companyfor the purpose	1033
of such assistance shall be subject to the jurisdiction of the	1034
public utilities commission. In no event shall such information be	1035
disclosed or used for any purpose not permitted by this division.	1036

Sec. 4931.50. (A) The attorney general, upon request of the	1037
public utilities commission or on the attorney general's own	1038
initiative, shall begin proceedings against a subdivision or	1039
telephone company that is a wireline service provider to enforce	1040
compliance with sections 4931.40 to 4931.544931.70 of the Revised	1041
Code, or with the terms, conditions, requirements, or	1042
specifications of a final plan or of an agreement under section	1043
4931.48 of the Revised Code as to wireline or wireless 9-1-1.	1044

(B) The attorney general, upon the attorney general's own	1045
initiative, or any prosecutor, upon the prosecutor's initiative,	1046
shall begin proceedings against a subdivision as to wireline or	1047
wireless 9-1-1 to enforce compliance with sections 4931.40 to	1048
4931.70 of the Revised Code or with the terms, conditions,	1049
requirements, or specifications of a final plan or of an agreement	1050
under section 4931.48 of the Revised Code as to wireline or	1051
wireless 9-1-1.	1052

Sec. 4931.60.  There is hereby created within the public	1053
utilities commission the 9-1-1 service program, headed by an Ohio	1054
9-1-1 coordinator in the unclassified civil service pursuant to	1055
division (A)(9) of section 124.11 of the Revised Code. The	1056
coordinator shall be appointed by and serve at the pleasure of the	1057
commission chairperson and shall report directly to the	1058
chairperson. Upon the effective date of this section, the	1059
chairperson shall appoint an interim coordinator and, upon	1060
submission of a list of nominees by the Ohio 9-1-1 council	1061
pursuant to section 4931.69 of the Revised Code, shall consider	1062
those nominees in making the final appointment and in appointing	1063
any subsequent coordinator. The chairperson may request the	1064
council to submit additional nominees and may reject any of the	1065
nominees. The chairperson shall fix the compensation of the	1066
coordinator. The chairperson shall evaluate the performance of the	1067
coordinator after considering the evaluation and recommendations	1068
of the council under section 4931.68 of the Revised Code.	1069

The Ohio 9-1-1 coordinator shall administer the wireless	1070
9-1-1 government assistance fund as specified in sections 4931.63	1071
and 4931.64 of the Revised Code and otherwise carry out the	1072
coordinator's duties under sections 4931.60 to 4931.70 of the	1073
Revised Code. The chairperson may establish additional duties of	1074
the coordinator based on a list of recommended duties submitted by	1075
the Ohio 9-1-1 council pursuant to section 4931.68 of the Revised	1076
Code. The chairperson may assign one or more commission employees	1077
to assist the coordinator in carrying out the coordinator's	1078
duties.	1079

Sec. 4931.61. (A) Beginning on the first day of the third	1080
month following the effective date of this section and ending	1081
December 31, 2008, there is hereby imposed, on each wireless	1082
telephone number of a wireless service subscriber who has a	1083
billing address in this state, a wireless 9-1-1 charge of	1084
thirty-two cents per month. The subscriber shall pay the wireless	1085
9-1-1 charge for each such wireless telephone number assigned to	1086
the subscriber. Each wireless service provider and each reseller	1087
of wireless service shall collect the wireless 9-1-1 charge as a	1088
specific line item on each subscriber's monthly bill. The line	1089
item shall be expressly designated "State/Local Wireless-E911	1090
Costs ($0.32/billed number)." If a provider bills a subscriber for	1091
any wireless enhanced 9-1-1 costs that the provider may incur, the	1092
charge or amount is not to appear in the same line item as the	1093
state/local line item. If the charge or amount is to appear in its	1094
own, separate line item on the bill, the charge or amount shall be	1095
expressly designated "[Name of Provider] Federal Wireless-E911	1096
Costs." For any subscriber of prepaid wireless service, a wireless	1097
service provider or reseller shall collect the wireless 9-1-1	1098
charge either at the point of sale or, if the subscriber has a	1099
positive account balance on the last day of the month, by reducing	1100
that balance at the end of the month by the amount of the charge	1101
or an equivalent number of air time minutes.	1102

(B) The wireless 9-1-1 charge shall be exempt from state or	1103
local taxation.	1104

Sec. 4931.62. (A)(1) Beginning with the second month	1105
following the month in which the wireless 9-1-1 charge is first	1106
imposed under section 4931.61 of the Revised Code, a wireless	1107
service provider or reseller of wireless service, not later than	1108
the last day of each month, shall remit the full amount of all	1109
wireless 9-1-1 charges it collected for the second preceding	1110
calendar month to the Ohio 9-1-1 coordinator, with the exception	1111
of charges equivalent to the amount authorized as a billing and	1112
collection fee under division (A)(2) of this section. In doing so,	1113
the provider or reseller may remit the requisite amount in any	1114
reasonable manner consistent with its existing operating or	1115
technological capabilities, such as by customer address, location	1116
associated with the wireless telephone number, or another	1117
allocation method based on comparable, relevant data. If the	1118
wireless service provider or reseller receives a partial payment	1119
for a bill from a wireless service subscriber, the wireless	1120
service provider or reseller shall apply the payment first against	1121
the amount the subscriber owes the wireless service provider or	1122
reseller and shall remit to the coordinator such lesser amount, if	1123
any, as results from that invoice.	1124

(2) A wireless service provider or reseller of wireless	1125
service may retain as a billing and collection fee two per cent of	1126
the total wireless 9-1-1 charges it collects in any month and	1127
shall account to the coordinator for the amount retained.	1128

(B) Each subscriber on which a wireless 9-1-1 charge is	1129
imposed under division (A) of section 4931.61 of the Revised Code	1130
is liable to the state for the amount of the charge. If a wireless	1131
service provider or reseller fails to collect the charge under	1132
that division from a subscriber of prepaid wireless service, or	1133
fails to bill any other subscriber for the charge, the wireless	1134
service provider or reseller is liable to the state for the amount	1135
not collected or billed. If a wireless service provider or	1136
reseller collects charges under that division and fails to remit	1137
the money to the coordinator, the wireless service provider or	1138
reseller is liable to the state for any amount collected and not	1139
remitted.	1140

(C)(1) If the public utilities commission has reason to	1141
believe that a wireless service provider or reseller has failed to	1142
bill, collect, or remit the wireless 9-1-1 charge as required by	1143
divisions (A)(1) and (B) of this section or has retained more than	1144
the amount authorized under division (A)(2) of this section, and	1145
after written notice to the provider or reseller, the commission	1146
may audit the provider or reseller for the sole purpose of making	1147
such a determination. The audit may be of a sample of the	1148
provider's or reseller's billings, collections, remittances, or	1149
retentions for a representative period, and the commission shall	1150
make a good faith effort to reach agreement with the provider or	1151
reseller in selecting that sample.	1152

(2) Upon written notice to the wireless service provider or	1153
reseller, the commission, by order after completion of the audit,	1154
may make an assessment against the provider or reseller if,	1155
pursuant to the audit, the commission determines that the provider	1156
or reseller has failed to bill, collect, or remit the wireless	1157
9-1-1 charge as required by divisions (A)(1) and (B) of this	1158
section or has retained more than the amount authorized under	1159
division (A)(2) of this section. The assessment shall be in the	1160
amount of any remittance that was due and unpaid on the date	1161
notice of the audit was sent by the commission to the provider or	1162
reseller or, as applicable, in the amount of the excess amount	1163
under division (A)(2) of this section retained by the provider or	1164
reseller as of that date.	1165

(3) The portion of any assessment not paid within sixty days	1166
after the date of service by the commission of the assessment	1167
notice under division (C)(2) of this section shall bear interest	1168
from that date until paid at the rate per annum prescribed by	1169
section 5703.47 of the Revised Code. That interest may be	1170
collected by making an assessment under division (C)(2) of this	1171
section. An assessment under this division and any interest due	1172
shall be remitted in the same manner as the wireless 9-1-1 charge.	1173

(4) An assessment is final and due and payable and shall be	1174
remitted to the commission unless the assessed party petitions for	1175
rehearing under section 4903.10 of the Revised Code. The	1176
proceedings of the commission specified in division (C)(4) of this	1177
section are subject to and governed by Chapter 4903. of the	1178
Revised Code, except that the court of appeals of Franklin county	1179
has exclusive, original jurisdiction to review, modify, or vacate	1180
an order of the commission under division (C)(2) of this section.	1181
The court shall hear and determine such appeal in the same manner	1182
and under the same standards as the Ohio supreme court hears and	1183
determines appeals under Chapter 4903. of the Revised Code.	1184

The judgment of the court of appeals is final and conclusive	1185
unless reversed, vacated, or modified on appeal. Such an appeal	1186
may be made by the commission or the person to whom the order	1187
under division (C)(2) of this section was issued and shall proceed	1188
as in the case of appeals in civil actions as provided in Chapter	1189
2505. of the Revised Code.	1190

(5) After an assessment becomes final, if any portion of the	1191
assessment remains unpaid, including accrued interest, a certified	1192
copy of the commission's entry making the assessment final may be	1193
filed in the office of the clerk of the court of common pleas in	1194
the county in which the place of business of the assessed party is	1195
located. If the party maintains no place of business in this	1196
state, the certified copy of the entry may be filed in the office	1197
of the clerk of the court of common pleas of Franklin county.	1198
Immediately upon the filing, the clerk shall enter a judgment for	1199
the state against the assessed party in the amount shown on the	1200
entry. The judgment may be filed by the clerk in a loose-leaf book	1201
entitled "special judgments for wireless 9-1-1 charges" and shall	1202
have the same effect as other judgments. The judgment shall be	1203
executed upon the request of the commission.	1204

(6) An assessment under this division does not discharge a	1205
subscriber's liability to reimburse the provider or reseller for	1206
the wireless 9-1-1 charge. If, after the date of service of the	1207
audit notice under division (C)(1) of this section, a subscriber	1208
pays a wireless 9-1-1 charge for the period covered by the	1209
assessment, the payment shall be credited against the assessment.	1210

(7) All money collected by the commission under this division	1211
shall be paid to the treasurer of state, for deposit to the credit	1212
of the wireless 9-1-1 government assistance fund.	1213

Sec. 4931.63.  (A) There is hereby created the wireless 9-1-1	1214
administrative fund in the state treasury. A sufficient	1215
percentage, determined by the chairperson of the public utilities	1216
commission but not to exceed four per cent through the first full	1217
fiscal year and two per cent thereafter, of the periodic	1218
remittances of the wireless 9-1-1 charge under section 4931.62 of	1219
the Revised Code shall be deposited to the credit of the fund, to	1220
be used by the commission to cover such nonpayroll costs and, at	1221
the discretion of the commission such payroll costs, of the	1222
commission as are incurred in assisting the coordinator in	1223
carrying out sections 4931.60 to 4931.70 of the Revised Code and	1224
in conducting audits under division (C) of section 4931.62 of the	1225
Revised Code. In addition, the compensation of the Ohio 9-1-1	1226
coordinator, and any expenses of the coordinator in carrying out	1227
those sections, shall be paid from the fund.	1228

(B) There is hereby created the wireless 9-1-1 government	1229
assistance fund, which shall be in the custody of the treasurer of	1230
state but shall not be part of the state treasury. The periodic	1231
remittances of the wireless 9-1-1 charge remaining after the	1232
deposit required by division (A) of this section shall be	1233
deposited to the credit of the wireless 9-1-1 government	1234
assistance fund. The treasurer of state shall deposit or invest	1235
the moneys in this fund in accordance with Chapter 135. of the	1236
Revised Code and any other provision of law governing public	1237
moneys of the state as defined in section 135.01 of the Revised	1238
Code. The treasurer of state shall credit the interest earned to	1239
the fund. The treasurer of state shall disburse money from the	1240
fund solely upon order of the coordinator as authorized under	1241
section 4931.64 of the Revised Code. Annually, until the fund is	1242
depleted, the treasurer of state shall certify to the coordinator	1243
the amount of moneys in the treasurer of state's custody belonging	1244
to the fund.	1245

Sec. 4931.64. (A) Prior to the first disbursement under this	1246
section and annually thereafter not later than the twenty-fifth	1247
day of January, until the wireless 9-1-1 government assistance	1248
fund is depleted, the Ohio 9-1-1 coordinator shall do both of the	1249
following for the purposes of division (B) of this section:	1250

(1) Determine, for a county that has adopted a final plan	1251
under sections 4931.40 to 4931.70 of the Revised Code for the	1252
provision of wireless enhanced 9-1-1 within the territory covered	1253
by the countywide 9-1-1 system established under the plan, the	1254
number of wireless telephone numbers assigned to wireless service	1255
subscribers that have billing addresses within the county. That	1256
number shall be adjusted between any two counties so that the	1257
number of wireless telephone numbers assigned to wireless service	1258
subscribers who have billing addresses within any portion of a	1259
municipal corporation that territorially lies primarily in one of	1260
the two counties but extends into the other county is added to the	1261
number already determined for that primary county and subtracted	1262
for the other county.	1263

(2) Determine each county's proportionate share of the	1264
wireless 9-1-1 government assistance fund for the ensuing calendar	1265
year on the basis set forth in division (B) of this section;	1266
estimate the ensuing calendar year's fund balance; compute each	1267
such county's estimated proceeds for the ensuing calendar year	1268
based on its proportionate share and the estimated fund balance;	1269
and certify such amount of proceeds to the county auditor of each	1270
such county.	1271

(B) The Ohio 9-1-1 coordinator, in accordance with this	1272
division and not later than the last day of each month, shall	1273
disburse the amount credited as remittances to the wireless 9-1-1	1274
government assistance fund during the second preceding month, plus	1275
any accrued interest on the fund. Such a disbursement shall be	1276
paid to each county treasurer. The amount to be so disbursed	1277
monthly to a particular county shall be a proportionate share of	1278
the wireless 9-1-1 government assistance fund balance based on the	1279
ratio between the following:	1280

(1) The number of wireless telephone numbers determined for	1281
the county by the coordinator pursuant to division (A) of this	1282
section;	1283

(2) The total number of wireless telephone numbers assigned	1284
to subscribers who have billing addresses within this state. To	1285
the extent that the fund balance permits, the disbursements to	1286
each county shall total at least twenty-five thousand dollars	1287
annually.	1288

(C)(1) Each county that has not adopted a final plan for the	1289
provision of wireless enhanced 9-1-1 under sections 4931.40 to	1290
4931.70 of the Revised Code shall be deemed as having done so for	1291
the purposes of making the determinations and disbursements under	1292
divisions (A)(1) and (2) and (B) of this section through the third	1293
full calendar year following the effective date of this section.	1294

(2) For each county described in division (C)(1) of this	1295
section and through the third full calendar year following the	1296
effective date of this section, the coordinator shall retain in	1297
the wireless 9-1-1 government assistance fund an amount equal to	1298
what would be the county's disbursements under division (B) of	1299
this section if it had adopted such a final plan, plus any related	1300
accrued interest, to be set aside for that county until the board	1301
of county commissioners notifies the coordinator that a final plan	1302
for the provision of wireless enhanced 9-1-1 has been adopted, but	1303
not beyond the end of such third year. Provided notification is	1304
made prior to the end of that third year, the coordinator shall	1305
disburse and pay to the county treasurer, not later than the last	1306
day of the month following the month the notification is made, the	1307
total amount so set aside for the county plus any related accrued	1308
interest. After the end of the third full calendar year following	1309
the effective date of this section, any money and interest so	1310
retained and not disbursed as authorized under this division shall	1311
be available for disbursement only as provided in division (B) of	1312
this section.	1313

(D) Immediately upon receipt by a county treasurer of a	1314
disbursement under division (B) or (C) of this section, the county	1315
shall disburse, in accordance with the allocation formula set	1316
forth in the final plan, the amount the county so received to any	1317
other subdivisions in the county that pay the costs of a public	1318
safety answering point providing wireless enhanced 9-1-1 under the	1319
plan.	1320

(E) Nothing in sections 4931.40 to 4931.70 of the Revised	1321
Code affects the authority of a subdivision operating or served by	1322
a public safety answering point of a 9-1-1 system to use, as	1323
provided in the final plan for the system or in an agreement under	1324
section 4931.48 of the Revised Code, any other authorized revenue	1325
of the subdivision for the purposes of providing basic or enhanced	1326
9-1-1.	1327

Sec. 4931.65.  (A) A countywide 9-1-1 system receiving a	1328
disbursement under section 4931.64 of the Revised Code shall	1329
provide countywide wireless enhanced 9-1-1 in accordance with	1330
sections 4931.40 to 4931.70 of the Revised Code beginning as soon	1331
as reasonably possible after receipt of the first disbursement or,	1332
if that service is already implemented, shall continue to provide	1333
such service. Except as provided in division (B) of this section,	1334
disbursement shall be used solely for the purpose of paying either	1335
or both of the following:	1336

(1) Any costs of designing, upgrading, purchasing, leasing,	1337
programming, installing, testing, or maintaining the necessary	1338
data, hardware, software, and trunking required for the public	1339
safety answering point or points of the 9-1-1 system to provide	1340
wireless enhanced 9-1-1, which costs are incurred before or on or	1341
after the effective date of this section and consist of such	1342
additional costs of the 9-1-1 system over and above any costs	1343
incurred to provide wireline 9-1-1. On or after the provision of	1344
technical and operational standards pursuant to division (D)(1) of	1345
section 4931.68 of the Revised Code, a subdivision shall consider	1346
the standards before incurring any costs described in this	1347
division.	1348

(2) Any costs of training the staff of the public safety	1349
answering point or points to provide wireless enhanced 9-1-1,	1350
which costs are incurred before or on or after the effective date	1351
of this section and consist of such additional costs of the 9-1-1	1352
system over and above any costs incurred to provide wireline	1353
9-1-1.	1354

(B) After receiving its April 2009, disbursement under	1355
section 4931.64 of the Revised Code, a subdivision may use any	1356
remaining balance of disbursements it received under that section	1357
to pay any of its costs of providing countywide wireless 9-1-1,	1358
including the personnel costs of one or more public safety	1359
answering points providing that service.	1360

(C) The costs described in divisions (A) and (B) of this	1361
section may include any such costs payable pursuant to an	1362
agreement under division (J) of section 4931.41 of the Revised	1363
Code.	1364

Sec. 4931.66.  (A)(1) A wireless service provider, the state	1365
highway patrol as described in division (J) of section 4931.41 of	1366
the Revised Code, and each subdivision operating one or more	1367
public safety answering points for a countywide system providing	1368
wireless 9-1-1, shall provide the Ohio 9-1-1 coordinator with such	1369
information as the coordinator requests for the purposes of	1370
carrying out the coordinator's duties under sections 4931.60 to	1371
4931.70 of the Revised Code, including, but not limited to, duties	1372
regarding the collection of the wireless 9-1-1 charge and	1373
regarding the provision of a report or recommendation under	1374
section 4931.70 of the Revised Code.	1375

(2) A wireless service provider shall provide an official,	1376
employee, agent, or representative of a subdivision operating a	1377
public safety answering point, or of the state highway patrol as	1378
described in division (J) of section 4931.41 of the Revised Code,	1379
with such technical, service, and location information as the	1380
official, employee, agent, or representative requests for the	1381
purpose of providing wireless 9-1-1.	1382

(3) A subdivision operating one or more public safety	1383
answering points of a 9-1-1 system, and a telephone company, shall	1384
provide to the Ohio 9-1-1 council such information as the council	1385
requires for the purpose of making any recommendation or report	1386
pursuant to division (D)(2) of section 4931.68 of the Revised	1387
Code.	1388

(B)(1) Any information provided under division (A) of this	1389
section that consists of trade secrets as defined in section	1390
1333.61 of the Revised Code or of information regarding the	1391
customers, revenues, expenses, or network information of a	1392
telephone company shall be confidential and does not constitute a	1393
public record for the purpose of section 149.43 of the Revised	1394
Code.	1395

(2) The public utilities commission, the Ohio 9-1-1	1396
coordinator, and any official, employee, agent, or representative	1397
of the commission, of the state highway patrol as described in	1398
division (J) of section 4931.41 of the Revised Code, or of a	1399
subdivision operating a public safety answering point, while	1400
acting or claiming to act in the capacity of the commission or	1401
coordinator or such official, employee, agent, or representative,	1402
shall not disclose any information provided under division (A) of	1403
this section regarding a telephone company's customers, revenues,	1404
expenses, or network information. Nothing in division (B)(2) of	1405
this section precludes any such information from being aggregated	1406
and included in any report required under section 4931.70 or	1407
division (D)(2) of section 4931.69 of the Revised Code, provided	1408
the aggregated information does not identify the number of any	1409
particular company's customers or the amount of its revenues or	1410
expenses or identify a particular company as to any network	1411
information.	1412

Sec. 4931.67.  The public utilities commission, after	1413
consultation with the Ohio 9-1-1 coordinator, shall adopt rules in	1414
accordance with Chapter 119. of the Revised Code to carry out	1415
sections 4931.60 to 4931.70 of the Revised Code, including rules	1416
prescribing the necessary accounting for a wireless service	1417
provider's or reseller's billing and collection fee under division	1418
(A)(2) of section 4931.62 of the Revised Code and rules	1419
establishing a fair and reasonable process for recommending the	1420
amount of the wireless 9-1-1 charge as authorized under division	1421
(B) of section 4931.70 of the Revised Code. The amount of the	1422
wireless 9-1-1 charge shall be prescribed only by act of the	1423
general assembly.	1424

Sec. 4931.68.  (A) There is hereby created the Ohio 9-1-1	1425
council, consisting of eleven members as follows: the Ohio 9-1-1	1426
coordinator; a designee of the department of public safety,	1427
selected by the director of public safety; and nine members	1428
appointed by the governor. In appointing the nine members, the	1429
governor shall select one representative of public safety	1430
communications officials in this state, one representative of	1431
administrators of 9-1-1 service in this state, one representative	1432
of countywide 9-1-1 systems in this state, three representatives	1433
of wireline service providers in this state, and three	1434
representatives of wireless service providers in this state. For	1435
each such appointment, the governor shall consider a nominee	1436
proposed, respectively, by the Ohio chapter of the association of	1437
public-safety communications officials, the Ohio chapter of the	1438
national emergency number association, the county commissioners	1439
association of Ohio; and nominees proposed, respectively, by the	1440
Ohio telecom association and the wireless operators of Ohio; or	1441
any successor organization of each such entity.	1442

Initial appointments shall be made not later than thirty days	1443
after the effective date of this section. Nothing in this section	1444
shall prevent the governor from rejecting any of the nominees or	1445
requesting that a nominating entity under this division submit the	1446
names of alternative nominees for consideration.	1447

(B) The term of the initial appointee to the council	1448
representing public safety communications officials and the terms	1449
of one of the initial appointees representing wireline service	1450
providers and one representing wireless service providers shall	1451
expire on January 31, 2007. The term of the initial appointee to	1452
the council representing administrators of 9-1-1 service and the	1453
terms of another one of the initial appointees representing	1454
wireline service providers and another representing wireless	1455
service providers shall expire on January 31, 2008. The term of	1456
the initial appointee to the council representing countywide 9-1-1	1457
systems and the terms of another one of the initial appointees	1458
representing wireline service providers and another representing	1459
wireless service providers shall expire on January 31, 2009.	1460
Thereafter, terms of appointed members shall be for three years,	1461
with each term ending on the same day of the same month as the	1462
term it succeeds.	1463

Each council member shall hold office from the date of the	1464
member's appointment until the end of the term for which the	1465
member was appointed. Members may be reappointed.	1466

Vacancies shall be filled in the manner provided for original	1467
appointments. Any member appointed to fill a vacancy occurring	1468
prior to the expiration date of the term for which the member's	1469
predecessor was appointed shall hold office as a member for the	1470
remainder of that term. A member shall continue in office after	1471
the expiration date of the member's term until the member's	1472
successor takes office or until a period of sixty days has	1473
elapsed, whichever occurs first.	1474

Appointed members shall serve without compensation and shall	1475
not be reimbursed for expenses.	1476

(C) The council shall select a chairperson from among the	1477
appointed members. Each member shall have one vote in all	1478
deliberations of the council, except that the Ohio 9-1-1	1479
coordinator shall not be eligible to vote on a matter described in	1480
division (D)(3) of this section. A majority of the voting members	1481
constitutes a quorum.	1482

(D) The duties of the council shall consist of all of the	1483
following:	1484

(1) Arbitrating or establishing relative to 9-1-1 systems in	1485
this state nondiscriminatory, competitively neutral, and uniform	1486
technical and operational standards consistent with recognized	1487
industry standards and federal law. This authority does not	1488
include authority to prescribe the technology that a telephone	1489
company or reseller uses to deliver 9-1-1 calls.	1490

(2) Including for the purpose of the Ohio 9-1-1 coordinator	1491
reporting to the general assembly, conducting research and making	1492
recommendations or reports regarding any wireline and wireless	1493
9-1-1 issues, any improvements in the provision of service by	1494
9-1-1 systems in this state, or any legislation or policies	1495
concerning such systems;	1496

(3) Regarding the position of Ohio 9-1-1 coordinator,	1497
submitting names of nominees and recommended duties as authorized	1498
under section 4931.60 of the Revised Code and, at least	1499
biennially, conducting and submitting with recommendations to the	1500
public utilities commission a performance evaluation of the	1501
coordinator.	1502

(E) The council is not an agency, as defined in section	1503
101.82 of the Revised Code, for purposes of sections 101.82 to	1504
101.87 of the Revised Code.	1505

Sec. 4931.69.  (A) There is hereby created the wireless 9-1-1	1506
advisory board, consisting of the Ohio 9-1-1 council appointee	1507
that represents public safety communications officials and five	1508
members appointed by the governor as follows: one of the council	1509
appointees that represents wireless service providers in this	1510
state, whose council term expires after the council term of the	1511
council appointee representing public safety communications	1512
officials, one noncouncil representative of wireless service	1513
providers in this state, one noncouncil representative of public	1514
safety communications officials in this state, and two noncouncil	1515
representatives of municipal and county governments in this state.	1516

(B) The terms of the advisory board members who are also	1517
council members shall be concurrent with their terms as members of	1518
the council, as prescribed under division (B) of section 4931.68	1519
of the Revised Code. The terms of the initial noncouncil appointee	1520
to the advisory board who represents wireless service providers	1521
and of one of the initial noncouncil appointees who represents	1522
municipal and county government shall expire on January 31, 2009.	1523
The terms of the initial noncouncil appointee to the advisory	1524
board representing public safety communications officials and of	1525
the other initial noncouncil appointee representing municipal and	1526
county government shall expire on January 31, 2010. Thereafter,	1527
terms of the noncouncil appointees shall be for three years, with	1528
each term ending on the same day of the same month as the term it	1529
succeeds. The conditions of holding office, manner of filling	1530
vacancies, and other matters concerning service by any member of	1531
the advisory board shall be the same as set forth for council	1532
members under division (B) of section 4931.68 of the Revised Code.	1533

(C) The Ohio 9-1-1 coordinator shall appoint the chairperson	1534
of the advisory board. Each member of the board shall be a voting	1535
member and shall have one vote in all deliberations of the board.	1536
A majority of the members constitutes a quorum.	1537

(D)(1) The advisory board shall make a recommendation to the	1538
coordinator regarding the amount of the wireless 9-1-1 charge to	1539
be included in the report required by division (B) of section	1540
4931.70 of the Revised Code and shall consult with the coordinator	1541
regarding that report.	1542

(2) The advisory board shall make recommendations to and	1543
consult with the public utilities commission and the coordinator	1544
regarding any rules to be adopted under section 4931.67 of the	1545
Revised Code.	1546

(E) The advisory board is not an agency, as defined in	1547
section 101.82 of the Revised Code, for purposes of sections	1548
101.82 to 101.87 of the Revised Code.	1549

Sec. 4931.70. On the first day of November preceding the	1550
2007-2009 budget biennium, the Ohio 9-1-1 coordinator shall submit	1551
a report to the general assembly, in accordance with section	1552
101.68 of the Revised Code, that contains both of the following:	1553

(A) A review of the implementation and provision of wireless	1554
enhanced 9-1-1 in this state and a description of how moneys	1555
disbursements from the wireless government assistance fund have	1556
been used. In preparing the report, the coordinator shall consult	1557
with the wireless 9-1-1 advisory board.	1558

(B) The coordinator's recommendation for the coming budget	1559
biennium of any change in the amount of the wireless 9-1-1 charge	1560
and the basis for that recommendation. The recommendation shall	1561
reflect the minimum amount necessary during the coming budget	1562
biennium, given any balance in the wireless 9-1-1 government	1563
assistance fund to be carried over to that biennium and the	1564
projected revenue from the charge, to fully cover the costs	1565
described in division (A) of section 4931.65 of the Revised Code	1566
as projected for that biennium. The amount also shall reflect the	1567
minimum amount necessary for the wireless 9-1-1 charge to cover	1568
the costs described in division (A) of section 4931.63 of the	1569
Revised Code as projected for the biennium, given the wireless	1570
9-1-1 administrative fund balance to be carried over. In making a	1571
recommendation under this division, the coordinator shall consider	1572
any recommendation of the wireless 9-1-1 advisory board.	1573

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

1574

(1) "Advertisement" means a message or material intended to	1575
cause the sale of realty, goods, or services.	1576

(2) "Facsimile device" means a device that electronically or	1577
telephonically receives and copies onto paper reasonable	1578
reproductions or facsimiles of documents and photographs through	1579
connection with a telephone network.	1580

(3) "Pre-existing business relationship" does not include	1581
transmitting an advertisement to the owner's or lessee's facsimile	1582
device.	1583

(B) No person shall transmit an advertisement to a facsimile	1584
device unless the person has received prior permission from the	1585
owner or, if the device is leased, from the lessee of the device	1586
to which the message is to be sent to transmit the advertisement;	1587
or the person has a pre-existing business relationship with such	1588
owner or lessee.	1589

(C) When requested by the owner or lessee, the transmission	1590
shall occur between seven p.m. and five a.m.	1591

This section applies to all such advertisements intended to	1592
be so transmitted within this state.	1593

Sec. 4931.99.  (A) Whoever violates division (D) of section	1594
4931.49 of the Revised Code is guilty of a misdemeanor of the	1595
fourth degree.	1596

(B) Whoever violates section 4931.25, 4931.26, 4931.27,	1597
4931.30, or 4931.31 of the Revised Code is guilty of a misdemeanor	1598
of the third degree.	1599

(C) Whoever violates section 4931.28 of the Revised Code is	1600
guilty of a felony of the fourth degree.	1601

(D) Whoever violates section 4931.29 or division (B) of	1602
section 4931.35 of the Revised Code is guilty of a misdemeanor in	1603
the first degree.	1604

(E) Whoever violates division (E) or (F) of section 4931.49	1605
or division (B)(2) of section 4931.66 of the Revised Code is	1606
guilty of a misdemeanor of the fourth degree on a first offense	1607
and a felony of the fifth degree on each subsequent offense.	1608

(F) Whoever violates section 4931.554931.75 of the Revised	1609
Code is guilty of a minor misdemeanor for a first offense and a	1610
misdemeanor of the first degree on each subsequent offense.	1611

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

1612

(1) "9-1-1 system" has the same meaning as in section 4931.40	1613
of the Revised Code.	1614

(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges	1615
approved by the public utilities commission for the telephone	1616
network portion of a 9-1-1 system pursuant to section 4931.47 of	1617
the Revised Code.	1618

(3) "Eligible nonrecurring 9-1-1 charges" means all	1619
nonrecurring 9-1-1 charges for a 9-1-1 system, except both of the	1620
following:	1621

(a) Charges for a system that was not established pursuant to	1622
a plan adopted under section 4931.44 of the Revised Code or an	1623
agreement under section 4931.48 of the Revised Code;	1624

(b) Charges for that part of a system established pursuant to	1625
such a plan or agreement that are excluded from the credit by	1626
division (C)(2)(a) or (b) of section 4931.47 of the Revised Code.	1627

(4) "Telephone company" has the same meaning as in section	1628
5727.01 of the Revised Code.	1629

(B) Beginning in tax year 2005, a telephone company shall be	1630
allowed a nonrefundable credit against the tax imposed by section	1631
5733.06 of the Revised Code equal to the amount of its eligible	1632
nonrecurring 9-1-1 charges. The credit shall be claimed for the	1633
company's taxable year that covers the period in which the 9-1-1	1634
service for which the credit is claimed becomes available for use.	1635
The credit shall be claimed in the order required by section	1636
5733.98 of the Revised Code. If the credit exceeds the total taxes	1637
due under section 5733.06 of the Revised Code for the tax year,	1638
the tax commissioner shall credit the excess against taxes due	1639
under that section for succeeding tax years until the full amount	1640
of the credit is granted.	1641

(C) After the last day a return, with any extensions, may be	1642
filed by any telephone company that is eligible to claim a credit	1643
under this section, the commissioner shall determine whether the	1644
sum of the credits allowed for prior tax years commencing with tax	1645
year 2005 plus the sum of the credits claimed for the current tax	1646
year exceeds fifteen million dollars. If it does, the credits	1647
allowed under this section for the current tax year shall be	1648
reduced by a uniform percentage such that the sum of the credits	1649
allowed for the current tax year do not exceed fifteen million	1650
dollars claimed by all telephone companies for all tax years.	1651
Thereafter, no credit shall be granted under this section, except	1652
for the remaining portions of any credits allowed under division	1653
(B) of this section.	1654

(D) A telephone company that is entitled to carry forward a	1655
credit against its public utility excise tax liability under	1656
section 5727.39 of the Revised Code is entitled to carry forward	1657
any amount of that credit remaining after its last public utility	1658
excise tax payment for the period of July 1, 2003, through June	1659
30, 2004, and claim that amount as a credit against its	1660
corporation franchise tax liability under this section. Nothing in	1661
this section authorizes a telephone company to claim a credit	1662
under this section for any eligible nonrecurring 9-1-1 charges for	1663
which it has already claimed a credit under this section or	1664
section 5727.39 of the Revised Code.	1665

Section 2.  That existing sections 2307.64, 2913.01, 4931.40,	1666
4931.41, 4931.43, 4931.44, 4931.45, 4931.46, 4931.47, 4931.48,	1667
4931.49, 4931.50, 4931.55, 4931.99, and 5733.55 of the Revised	1668
Code are hereby repealed.	1669

Section 3. That the versions of sections 4931.45, 4931.47,	1670
and 4931.48 of the Revised Code that are scheduled to take effect	1671
December 31, 2004, be amended to read as follows:	1672

Sec. 4931.45.  (A) AAn amended final plan may be amended to	1673
expandis required for any of the following purposes:	1674

(1) Expanding the territory included in the countywide 9-1-1	1675
system, to upgrade;	1676

(2) Upgrading any part or all of a system from basic 9-1-1 to	1677
enhanced wireline 9-1-1 service, to adjust;	1678

(3) Adjusting the territory served by a public safety	1679
answering point, to represcribe;	1680

(4) Represcribing the funding of public safety answering	1681
points as between the alternatives set forth in division (B)(5) of	1682
section 4931.43 of the Revised Code, or to make;	1683

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

1684

(6) Adding a telephone company as a participant in a	1685
countywide 9-1-1 system after the implementation of wireline 9-1-1	1686
or wireless enhanced 9-1-1;	1687

(7) Providing that the state highway patrol or one or more	1688
public safety answering points of another 9-1-1 system function as	1689
a public safety answering point or points for the provision of	1690
wireline or wireless 9-1-1 for all or part of the territory of the	1691
system established under the final plan, as contemplated under	1692
division (J) of section 4931.41 of the Revised Code;	1693

(8) Making any other necessary adjustments to the plan only	1694
by convening a new 9-1-1 planning committee, and adopting an	1695
amended final plan. The convening of a new 9-1-1 planning	1696
committee and the proposal and adoption of an amended final plan	1697
shall be made in the same manner required for the convening of an	1698
initial committee and adoption of an original proposed and final	1699
plan under sections 4931.42 to 4931.44 of the Revised Code.	1700
Adoption	1701

The adoption of an amended final plan under this division	1702
shall be subject to, and accomplished in the manner of the	1703
adoption of an initial final plan under, sections 4931.42 to	1704
4931.44 of the Revised Code, including the requirements for the	1705
convening of a 9-1-1 planning committee and development of a	1706
proposed plan prior to the adoption of the final plan. However, a	1707
final plan is deemed amended for the purpose described in division	1708
(A)(6) of this section upon the filing, with the board of county	1709
commissioners of the county that approved the final plan for the	1710
countywide 9-1-1 system, of a written letter of intent by the	1711
entity to be added as a participant in the 9-1-1 system. The	1712
entity shall send written notice of the filing to all subdivisions	1713
and telephone companies participating in the system. Further,	1714
adoption of any resolution under section 4931.51 of the Revised	1715
Code pursuant to a final plan that both has been adopted and	1716
provides for funding through charges imposed under that section is	1717
not an amendment of a final plan for the purpose of this division.	1718

(B) When a final plan is amended to expand the territory that	1719
receives 9-1-1 service or to upgrade a 9-1-1 system from basic to	1720
enhanced 9-1-1 servicefor a purpose described in division (A)(1),	1721
(2), or (6) of this section, sections 4931.47 and 5733.55 of the	1722
Revised Code apply with respect to the telephone company's	1723
recoveryreceipt of the nonrecurring and recurring rates and	1724
charges for the wireline telephone network portion of the 9-1-1	1725
system. When a final plan is amended for the purpose described in	1726
division (A)(5) of this section, the provisions apply with respect	1727
to the recovery of only the nonrecurring rates and charges for the	1728
wireless telephone network portion of the 9-1-1 system.	1729

Sec. 4931.47.  (A) In accordance with Chapters 4901., 4903.,	1730
4905., 4909., and 4931. of the Revised Code, the public utilities	1731
commission shall determine the just, reasonable, and compensatory	1732
rates, tolls, classifications, charges, or rentals to be observed	1733
and charged for the wireline telephone network portion of a basic	1734
andor enhanced 9-1-1 system, and each telephone company that is a	1735
wireline service provider participating in the system shall be	1736
subject to such chapters, to the extent they apply, as to the	1737
service provided by its portion of the wireline telephone network	1738
for the system as described in the final plan or to be installed	1739
pursuant to agreements under section 4931.48 of the Revised Code,	1740
and as to the rates, tolls, classifications, charges, or rentals	1741
to be observed and charged for that service.	1742

(B) Only the customers of a participating telephone company	1743
described in division (A) of this section that are served within	1744
the area covered by a 9-1-1 system shall pay the recurring rates	1745
for the maintenance and operation of the company's portion of the	1746
wireline telephone network in providing 9-1-1 serviceof the	1747
system. Such rates shall be computed by dividing the total monthly	1748
recurring rates set forth in a telephonethe company's schedule as	1749
filed in accordance with section 4905.30 of the Revised Code, by	1750
the total number of residential and business customer access	1751
lines, or their equivalent, within the area served. Each	1752
residential and business customer within the area served shall pay	1753
the recurring rates based on the number of its residential and	1754
business customer access lines or their equivalent. No company may	1755
shall include such amount on any customer's bill until the company	1756
has completed its portion of the wireline telephone network in	1757
accordance with the terms, conditions, requirements, and	1758
specifications of the final plan or an agreement made under	1759
section 4931.48 of the Revised Code.	1760

(C)(1) Except as otherwise provided in division (C)(2)(a) or	1761
(b) of this section, a participating telephone company described	1762
in division (A) of this section may receive through the credit	1763
authorized by section 5733.55 of the Revised Code the total	1764
nonrecurring charges for its portion of the wireline telephone	1765
network used in providing 9-1-1 service,of the system and the	1766
total nonrecurring charges for any updating or modernization of	1767
that wireline telephone network in accordance with the terms,	1768
conditions, requirements, and specifications of the final plan or	1769
pursuant to agreements under section 4931.48 of the Revised Code,	1770
as such charges are set forth in the schedule filed by athe	1771
telephone company in accordance with section 4905.30 of the	1772
Revised Code, on completion of the installation of the network in	1773
accordance with the terms, conditions, requirements, and	1774
specifications of the final plan or pursuant to section 4931.48 of	1775
the Revised Code shall be recovered by the company through the	1776
credit authorized by section 5733.55 of the Revised Code. That	1777
portion, updating, or modernization may be for or include the	1778
provision of wireless 9-1-1. As applicable, the receipt of those	1779
charges shall occur only upon the completion of the installation	1780
of the network or the completion of the updating or modernization.	1781

(2)(a) The credit shall not be allowed under division (C)(1)	1782
of this section for the upgrading of a system from basic to	1783
enhanced wireline 9-1-1 service whenif both of the following	1784
apply:	1785

(a)(i) The telephone company received the credit for the	1786
wireline telephone network portion of the basic 9-1-1 system now	1787
proposed to be upgraded; and.	1788

(b)(ii) At the time the final plan or agreement pursuant to	1789
section 4931.48 of the Revised Code calling for the basic 9-1-1	1790
system was agreed to, the telephone company was capable of	1791
reasonably meeting the technical and economic requirements of	1792
providing the wireline telephone network portion of an enhanced	1793
9-1-1 system within the territory proposed to be upgraded, as	1794
determined by the public utilities commission under division (A)	1795
or (H) of section 4931.41 or division (C) of section 4931.48 of	1796
the Revised Code.	1797

(b) The credit shall not be allowed under division (C)(1) of	1798
this section for any portion of the total nonrecurring charges for	1799
the wireline telephone network used in providing wireless 9-1-1,	1800
as set forth in the schedule filed by the telephone company in	1801
accordance with section 4905.30 of the Revised Code, to the extent	1802
the telephone company, in otherwise providing 9-1-1 service,	1803
previously received those charges through the credit authorized by	1804
section 5733.55 of the Revised Code, or receives or received those	1805
charges from a wireless service provider pursuant to a tariff or	1806
contract.	1807

(3) WhenIf the credit is not allowed under division	1808
(C)(2)(a) of this section, the total nonrecurring charges for the	1809
wireline telephone network used in providing 9-1-1 service, as set	1810
forth in the schedule filed by a telephone company in accordance	1811
with section 4905.30 of the Revised Code, on completion of the	1812
installation of the network in accordance with the terms,	1813
conditions, requirements, and specifications of the final plan or	1814
pursuant to section 4931.48 of the Revised Code, shall be paid by	1815
the municipal corporations and townships with any territory in the	1816
area in which such upgrade from basic to enhanced 9-1-1 service is	1817
made.	1818

(D) WhereIf customer premises equipment for a public safety	1819
answering point is supplied by a telephone company that is	1820
required to file a schedule under section 4905.30 of the Revised	1821
Code pertaining to customer premises equipment, the recurring and	1822
nonrecurring rates and charges for the installation and	1823
maintenance of the equipment specified in the schedule shall	1824
apply.	1825

Sec. 4931.48.  (A) If a final plan is disapproved under	1826
division (B) of section 4931.44 of the Revised Code, by	1827
resolution, the legislative authority of a municipal corporation	1828
or township that contains at least thirty per cent of the county's	1829
population may establish within its boundaries, or the legislative	1830
authorities of a group of municipal corporations or townships each	1831
of which is contiguous with at least one other such municipal	1832
corporation or township in the group, together containing at least	1833
thirty per cent of the county's population, may jointly establish	1834
within their boundaries a 9-1-1 system. For thisthat purpose, the	1835
municipal corporation or township may enter into an agreement, and	1836
the contiguous municipal corporations or townships may jointly	1837
enter into an agreement with aone or more telephone company	1838
providing service in the municipal corporations or townships to	1839
provide for the telephone network portion of the systemcompanies.	1840

(B) If no resolution has been adopted to convene a 9-1-1	1841
planning committee under section 4931.42 of the Revised Code, but	1842
not sooner than eighteen months after the effective date of such	1843
section, by resolution, the legislative authority of any municipal	1844
corporation in the county may establish within its boundaries, or	1845
the legislative authorities of a group of municipal corporations	1846
and townships each of which is contiguous to at least one of the	1847
other such municipal corporations or townships in the group may	1848
jointly establish within their boundaries, a 9-1-1 system. TheFor	1849
that purpose, the municipal corporation, or contiguous municipal	1850
corporations and townships, may enter into an agreement with aone	1851
or more telephone company serving customers within the boundaries	1852
of the municipal corporation or contiguous municipal corporations	1853
and townships, to provide for the telephone network portion of a	1854
9-1-1 systemcompanies.	1855

(C) Whenever a telephone company that is a wireline service	1856
provider and one or more municipal corporations and townships	1857
enter into an agreement under division (A) or (B) of this section	1858
to provide for the wireline telephone network portion of a basic	1859
9-1-1 system, the telephone company shall so notify the public	1860
utilities commission, which shall determine whether the telephone	1861
company is capable of reasonably meeting the technical and	1862
economic requirements of providing the wireline telephone network	1863
for an enhanced system within the territory served by the company	1864
and covered by the agreement. The determination shall be made	1865
solely for the purposes of division (C)(2) of section 4931.47 of	1866
the Revised Code.	1867

(D) Within three years from the date of entering into an	1868
initial agreement described under division (A) or (B)(C) of this	1869
section, the telephone company shall have installed the wireline	1870
telephone network portion of the 9-1-1 system according to the	1871
terms, conditions, requirements, and specifications set forth in	1872
the agreement.	1873

(E) TheA telephone company that is a wireline service	1874
provider shall recover the cost of installing the wireline	1875
telephone network system pursuant to agreements made under this	1876
section as provided in sectionsections 4931.47 of the Revised	1877
Code, as authorized under sectionand 5733.55 of the Revised Code.	1878

Section 4. That the existing versions of sections 4931.45,	1879
4931.47, and 4931.48 of the Revised Code that are scheduled to	1880
take effect December 31, 2004, are hereby repealed.	1881

Section 5. Sections 3 and 4 of this act shall take effect	1882
December 31, 2004.	1883

Section 6. The codified and uncodified sections of law	1884
contained in this act are subject to the referendum and,	1885
therefore, under Ohio Constitution, Article II, Section 1c take	1886
effect on the ninety-first day after this act is filed with the	1887
Secretary of State. If, however, a referendum petition is filed	1888
against any such codified or uncodified section, the section,	1889
unless rejected at the referendum, takes effect at the earliest	1890
time permitted by law.	1891