Section 1. That sections 2307.64, 2913.01, 4931.40, 4931.41, | 23 |
4931.43, 4931.44,
4931.45, 4931.46, 4931.47, 4931.48, 4931.49, | 24 |
4931.50, 4931.55, 4931.99, and
5733.55 be amended; section 4931.55 | 25 |
(4931.75) be amended for the
purpose of adopting a new section | 26 |
number as indicated in
parentheses; and sections 4931.60, 4931.61, | 27 |
4931.62, 4931.63,
4931.64, 4931.65, 4931.66, 4931.67, 4931.68, | 28 |
4931.69,
and 4931.70 of the Revised Code be enacted to read as | 29 |
follows: | 30 |
(3) "Electronic mail" means an electronic message that is | 37 |
transmitted between two or more telecommunications devices or | 38 |
electronic devices capable of receiving electronic messages, | 39 |
whether or not the message is converted to hard copy format after | 40 |
receipt, and whether or not the message is viewed upon the | 41 |
transmission or stored for later retrieval. "Electronic mail" | 42 |
includes electronic messages that are transmitted through a local, | 43 |
regional, or global computer network. | 44 |
(9) "Pre-existing business relationship" means that there was | 63 |
a business transaction between the initiator and the recipient of | 64 |
a commercial electronic mail message during the five-year period | 65 |
preceding the receipt of that message. A pre-existing business | 66 |
relationship includes a transaction involving the free provision | 67 |
of information, goods, or services requested by the recipient. A | 68 |
pre-existing business
relationship does not exist after a | 69 |
recipient requests to be removed
from the distribution lists of an | 70 |
initiator pursuant to division
(B) of this section and a | 71 |
reasonable amount of time has expired
since that request. | 72 |
(b) A notice that the recipient may decline to receive from | 97 |
the person
transmitting or causing to be transmitted the | 98 |
electronic mail advertisement any
additional
electronic mail | 99 |
advertisements and a detailed
procedure
for
declining to receive | 100 |
any additional electronic mail
advertisements at no cost. The | 101 |
notice shall be of the same size of type as the majority of the | 102 |
text of the message and shall not require that the recipient | 103 |
provide any information other than the receiving address. | 104 |
(2) If
the recipient of an electronic mail advertisement
uses | 105 |
the
procedure contained in the notice described in division | 106 |
(B)(1)(b) of this section to
decline to receive any additional | 107 |
electronic mail advertisements, the
person
that transmitted or | 108 |
caused to be transmitted the original
electronic mail | 109 |
advertisement, within a reasonable period of time,
shall cease | 110 |
transmitting or causing to be transmitted to the
receiving address | 111 |
any additional electronic
mail advertisements. | 112 |
(C) No person shall use a computer, a computer network, or | 124 |
the computer services of an electronic mail service provider to | 125 |
transmit an electronic mail advertisement in contravention of the | 126 |
authority granted by, or in violation of the policies related to | 127 |
electronic mail advertisements set by, the
electronic mail service | 128 |
provider if the electronic mail service provider has provided the | 129 |
person notice of those policies. For the purposes of this | 130 |
division, notice of those policies shall be deemed sufficient if | 131 |
an electronic mail service provider maintains an easily accessible | 132 |
web page containing its policies regarding electronic mail | 133 |
advertisements and can demonstrate that notice was supplied via | 134 |
electronic means between the sending and receiving computers. | 135 |
(D)
No electronic mail service provider shall be liable for | 136 |
transmitting another person's electronic mail advertisement | 137 |
through its service in violation of this section, or shall be | 138 |
liable for any action it voluntarily takes in good
faith to block | 139 |
the
receipt or transmission through its service of
any electronic | 140 |
mail
advertisement that it believes is, or will be
sent, in | 141 |
violation of
this section. | 142 |
(G) In addition to any recovery that is allowed
under | 169 |
divisions (E) or (F) of this section, the recipient of
an | 170 |
electronic mail
advertisement transmitted in violation of division | 171 |
(B) of this
section or the electronic mail service provider of an | 172 |
advertisement transmitted in violation of division (C) of this | 173 |
section may apply to
the court
of common pleas of the county in | 174 |
which the recipient resides or the service provider is located for | 175 |
an order
enjoining the person who
transmitted or caused to be | 176 |
transmitted that electronic mail
advertisement from
transmitting | 177 |
or causing to be transmitted to
the
recipient any additional | 178 |
electronic mail
advertisement. | 179 |
(H) No person shall use a computer, a
computer network, a | 180 |
computer program, or the computer services of an electronic mail | 181 |
service provider with the intent to forge an originating address | 182 |
or other routing information, in any manner, in connection with | 183 |
the
transmission of an electronic mail advertisement through or | 184 |
into
the network of an electronic mail service provider or its | 185 |
subscribers. Each use of a computer, a computer network, a | 186 |
computer program, or the computer services of an electronic mail | 187 |
service provider in violation of this division constitutes a | 188 |
separate offense. A person who violates this division is guilty
of | 189 |
forgery under section 2913.31 of the Revised Code. | 190 |
(A) "Deception" means knowingly deceiving another or
causing | 193 |
another to be deceived by any false or misleading
representation, | 194 |
by withholding information, by preventing another
from acquiring | 195 |
information, or by any other conduct, act, or
omission that | 196 |
creates, confirms, or perpetuates a false
impression in another, | 197 |
including a false impression as to law,
value, state of mind, or | 198 |
other objective or subjective fact. | 199 |
(D) "Owner" means, unless the context requires a different | 214 |
meaning, any person, other than the actor, who is
the owner of, | 215 |
who has possession or control of, or who has
any license
or | 216 |
interest in property or services, even though the ownership, | 217 |
possession, control, license, or interest is unlawful. | 218 |
(E) "Services" include labor, personal services,
professional | 219 |
services, public utility services including wireless service as | 220 |
defined in division (F)(1) of section 4931.40 of the Revised Code, | 221 |
common carrier
services, and food, drink, transportation, | 222 |
entertainment, and
cable television services
and, for purposes of | 223 |
section 2913.04 of
the Revised Code, include cable services as | 224 |
defined in that
section. | 225 |
(F) "Writing" means any computer software, document,
letter, | 226 |
memorandum, note, paper, plate, data, film, or other
thing having | 227 |
in or upon it any written, typewritten, or printed
matter, and any | 228 |
token, stamp, seal, credit card,
badge, trademark, label, or other | 229 |
symbol of value, right,
privilege, license, or identification. | 230 |
(1) A violation of section 2911.01, 2911.02, 2911.11, | 249 |
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, | 250 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32, | 251 |
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45, | 252 |
2913.47, former section
2913.47 or 2913.48, or section 2913.51, | 253 |
2915.05,
or 2921.41 of the Revised Code; | 254 |
(3) An offense under an existing or former municipal | 260 |
ordinance or law of this or any other state, or of the United | 261 |
States, involving robbery, burglary, breaking and entering,
theft, | 262 |
embezzlement, wrongful conversion, forgery,
counterfeiting, | 263 |
deceit, or fraud; | 264 |
(M) "Computer" means an electronic device that performs | 272 |
logical, arithmetic, and memory functions by the manipulation of | 273 |
electronic or magnetic impulses. "Computer" includes, but is not | 274 |
limited to, all input, output, processing, storage, computer | 275 |
program, or communication facilities that are connected, or | 276 |
related, in a computer system or network to an electronic
device | 277 |
of that nature. | 278 |
(N) "Computer system" means a computer and related
devices, | 279 |
whether connected or unconnected, including, but not
limited to, | 280 |
data input, output, and storage devices, data
communications | 281 |
links, and computer programs and data that make
the system capable | 282 |
of performing specified special purpose data
processing tasks. | 283 |
(R) "Data" means a representation of information,
knowledge, | 295 |
facts, concepts, or instructions that are being or
have been | 296 |
prepared in a formalized manner and that are intended
for use in a | 297 |
computer, computer system, or computer
network. For
purposes
of | 298 |
section 2913.47 of the Revised Code, "data" has the additional | 299 |
meaning set forth in division (A) of that section. | 300 |
(T) "Gain access" means to approach, instruct, communicate | 307 |
with, store data in, retrieve data from, or otherwise make use of | 308 |
any resources of a computer, computer system, or computer
network, | 309 |
or any cable service or cable system both as defined in section | 310 |
2913.04 of the Revised Code. | 311 |
(U) "Credit card" includes, but is not limited to, a card, | 312 |
code, device, or other means of access to a customer's account
for | 313 |
the purpose of obtaining money, property, labor, or services
on | 314 |
credit, or for initiating an electronic fund transfer at a | 315 |
point-of-sale terminal, an automated teller machine, or a cash | 316 |
dispensing machine. It also includes a county procurement card | 317 |
issued under section 301.29 of the Revised Code. | 318 |
(X) "Telecommunication" means the origination,
emission, | 328 |
dissemination, transmission, or reception of data, images, | 329 |
signals,
sounds, or other intelligence or equivalence of | 330 |
intelligence of
any nature over any communications system by any | 331 |
method,
including, but not limited to, a fiber optic, electronic, | 332 |
magnetic, optical, digital, or analog method. | 333 |
(Y) "Telecommunications
device" means any instrument, | 334 |
equipment, machine, or other
device that facilitates | 335 |
telecommunication, including, but not
limited to, a computer, | 336 |
computer network, computer chip, computer
circuit, scanner, | 337 |
telephone, cellular telephone, pager, personal
communications | 338 |
device, transponder, receiver, radio, modem, or
device that | 339 |
enables the use of a modem. | 340 |
(AA) "Counterfeit
telecommunications device" means a | 345 |
telecommunications device that,
alone or with another | 346 |
telecommunications device, has been altered,
constructed, | 347 |
manufactured, or programmed to acquire, intercept, receive, or | 348 |
otherwise facilitate the use of a telecommunications service or | 349 |
information
service without the
authority or consent of the | 350 |
provider of the telecommunications
service or information service. | 351 |
"Counterfeit telecommunications device"
includes, but
is not | 352 |
limited to, a clone telephone, clone microchip, tumbler
telephone, | 353 |
or tumbler microchip; a wireless scanning device
capable of | 354 |
acquiring, intercepting, receiving, or otherwise
facilitating the | 355 |
use of telecommunications service or information service
without | 356 |
immediate detection; or a device, equipment, hardware, or software | 357 |
designed for, or capable of, altering or changing the electronic | 358 |
serial number
in a wireless telephone. | 359 |
(BB)(1) "Information
service" means, subject to division | 360 |
(BB)(2) of this section, the
offering of a capability for | 361 |
generating, acquiring, storing,
transforming, processing, | 362 |
retrieving, utilizing, or making
available information via | 363 |
telecommunications, including, but not
limited to, electronic | 364 |
publishing. | 365 |
(DD) "Disabled adult" means a person who is eighteen years
of | 372 |
age
or older
and has some impairment of body or mind that makes | 373 |
the person unfit to work
at any substantially remunerative | 374 |
employment that the person
otherwise would be able to perform and | 375 |
that will, with reasonable
probability, continue for a period of | 376 |
at least twelve months
without any present indication of recovery | 377 |
from the impairment, or who is
eighteen years of age or older and | 378 |
has been certified as permanently and
totally disabled by an | 379 |
agency
of this state or the United States that has the function of | 380 |
so classifying persons. | 381 |
(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which | 402 |
the
wireline telephone network system, in providing wireline | 403 |
9-1-1, automatically provides to personnel
receiving the call, | 404 |
immediately on answering the 9-1-1 call,
information on the | 405 |
location and the telephone number from which
the call is being | 406 |
made, and routes the call to emergency service
providers that | 407 |
serve the location from which the call is made and
immediately | 408 |
provides to personnel answering the 9-1-1 call
information on the | 409 |
location and the telephone number from which the call is
being | 410 |
made. | 411 |
(F)(1) "Wireless
service" means federally licensed commercial | 416 |
mobile service as
defined in 47
U.S.C.
332(d) and further defined | 417 |
as commercial
mobile radio service in 47
C.F.R.
20.3, and includes | 418 |
service provided by any wireless, two-way communications
device, | 419 |
including a radio-telephone communications line used in cellular | 420 |
telephone service or personal communications service, a network | 421 |
radio access
line, or any functional or competitive equivalent of | 422 |
such a radio-telephone
communications or network radio access | 423 |
line. | 424 |
(M) "Subdivision" means a county, municipal corporation, | 449 |
township, township fire district, joint fire district, township | 450 |
police district, joint ambulance district, or joint
emergency | 451 |
medical services district that provides
emergency service within | 452 |
its territory, or that contracts with
another municipal | 453 |
corporation, township, or district or with a
private entity to | 454 |
provide such service; and a state college or
university, port | 455 |
authority, or park district of any kind that
employs law | 456 |
enforcement officers that act as the primary police
force on the | 457 |
grounds of the college or university or port
authority or in the | 458 |
parks operated by the district. | 459 |
(N)(W) "Telephone company" means a company engaged in the | 497 |
business of providing
local
exchange telephone service by making | 498 |
available or furnishing access and a dial
tone to persons within a | 499 |
local calling area for use in originating and
receiving voice | 500 |
grade communications over a switched network operated by the | 501 |
provider of the service within the area and gaining access to | 502 |
other
telecommunications services. "Telephone company" includes a | 503 |
wireline service provider
and a wireless service provider unless | 504 |
otherwise expressly specified. For purposes of
sections 4931.52 | 505 |
and 4931.53 of the
Revised
Code, "telephone company" means
a | 506 |
wireline service provider. | 507 |
(2) The system shall exclude any territory served by a | 512 |
telephone companywireline service provider that is not capable
of | 513 |
reasonably meeting the
technical and economic requirements of | 514 |
providing the wireline telephone
network portion of the countywide | 515 |
system for that territory. The
system shall exclude from enhanced | 516 |
9-1-1 service any territory
served by a telephone companywireline | 517 |
service provider that is
not capable of reasonably
meeting the | 518 |
technical and economic requirements of providing the
wireline | 519 |
telephone network portion of an enhanced 9-1-1
service for
that | 520 |
territory. If a 9-1-1 planning committee and a telephone company | 521 |
wireline service provider do not agree on whether the telephone | 522 |
companyprovider is so capable, the
committee shall notify the | 523 |
public utilities commission, and the
commission shall determine | 524 |
whether the companywireline service
provider is so capable.
The | 525 |
committee shall ascertain whether such disagreement exists
before | 526 |
making its implementation proposal under division (A) of
section | 527 |
4931.43 of the Revised Code. The commission's
determination shall | 528 |
be in the form of an order. No final plan
shall require a | 529 |
telephone companywireline service provider to
provide the | 530 |
wireline telephone
network portion of a 9-1-1 system that the | 531 |
commission has
determined the companyprovider is not reasonably | 532 |
capable of
providing. | 533 |
(2) A subdivision that operates a public safety answering | 542 |
point
shall pay all of the costs associated with establishing, | 543 |
equipping, furnishing, operating, and maintaining that facility | 544 |
and shall allocate those costs among itself and the subdivisions | 545 |
served by the answering point based on the allocation formula in
a | 546 |
final plan. The telephone companywireline service provider
or | 547 |
other entity that
provides or maintains the customer premises | 548 |
equipment shall bill
the operating subdivision for the cost of | 549 |
providing such
equipment, or its maintenance.
A wireless service | 550 |
provider and a subdivision operating a public safety answering | 551 |
point may enter into a service agreement for providing wireless | 552 |
enhanced 9-1-1 pursuant to a final plan adopted under sections | 553 |
4931.40 to 4931.70 of the Revised Code. | 554 |
(F) Notwithstanding any other provision of law, the
purchase | 562 |
or other acquisition, installation, and maintenance of
the | 563 |
telephone network for a 9-1-1 system and the purchase or
other | 564 |
acquisition, the installation, and maintenance of customer | 565 |
premises equipment at a public safety answering point made in | 566 |
compliance with a final plan or an agreement under section
4931.48 | 567 |
of the Revised Code, including customer premises equipment
used to | 568 |
provide wireless enhanced 9-1-1, are not subject to
any | 569 |
requirement of competitive bidding. | 570 |
(H) Whenever a final plan provides for the implementation
of | 574 |
basic 9-1-1 service, the planning committee shall so notify
the | 575 |
public utilities commission, which shall determine whether
the | 576 |
telephone companieswireline service providers serving the | 577 |
territory covered by the plan
are capable of reasonably meeting | 578 |
the technical and economic
requirements of providing the wireline | 579 |
telephone network portion of an
enhanced 9-1-1 system. The | 580 |
determination shall be made solely
for purposes of division (C)(2) | 581 |
of section
4931.47 of the Revised
Code. | 582 |
(J) A final plan
adopted under sections 4931.40 to 4931.70 of | 588 |
the Revised Code, or an agreement under section 4931.48 of the | 589 |
Revised Code, may provide that,
by further agreement included in | 590 |
the plan or agreement, the state highway patrol or
one or more | 591 |
public safety answering points of another
9-1-1 system is the | 592 |
public safety answering point or points for the
provision of | 593 |
wireline or wireless 9-1-1 for all or part of the territory of the | 594 |
9-1-1 system established under the plan or agreement. In that | 595 |
event, the
subdivision for which the wireline or wireless 9-1-1 is | 596 |
provided as named in the agreement shall be deemed the
subdivision | 597 |
operating the public safety answering point or points for
purposes | 598 |
of sections 4931.40 to 4931.70 of the
Revised Code, except that, | 599 |
for the
purpose of division (D)(2) of
this section, that | 600 |
subdivision shall pay only so much of the costs
of establishing, | 601 |
equipping, furnishing, operating,
or maintaining any such public | 602 |
safety answering point as are specified in the
agreement with the | 603 |
patrol or other system. | 604 |
(K) A final plan for the provision of wireless enhanced 9-1-1 | 605 |
shall provide that any wireless 9-1-1 calls routed to a state | 606 |
highway patrol-operated public safety answering point by default, | 607 |
due to a wireless service provider so routing all such calls of | 608 |
its subscribers without prior permission, are instead to be routed | 609 |
as provided under the plan. Upon the implementation of countywide | 610 |
wireless enhanced 9-1-1 pursuant to a final plan, the state | 611 |
highway patrol shall cease any functioning as a public safety | 612 |
answering point providing wireless 9-1-1 within the territory | 613 |
covered by the countywide 9-1-1 system so established, unless the | 614 |
patrol functions as a public safety answering point providing | 615 |
wireless enhanced 9-1-1 pursuant to an agreement included in the | 616 |
plan as authorized under division (J) of this section. | 617 |
(2) The location and number of public safety answering | 638 |
points; how they will be connected to a company's telephone | 639 |
network; from what geographic territory each will receive 9-1-1 | 640 |
calls; whether basic or enhanced 9-1-1 service will be provided | 641 |
within such territory; what subdivisions will be served by the | 642 |
answering point; and whether an answering point will respond to | 643 |
calls by directly dispatching an emergency service provider, by | 644 |
relaying a message to the appropriate provider, or by
transferring | 645 |
the call to the appropriate provider; | 646 |
(5) Whether the cost of establishing, equipping,
furnishing, | 654 |
operating, or maintaining each public safety
answering point | 655 |
should be funded through charges imposed under
section 4931.51 of | 656 |
the Revised Code or will be allocated among
the subdivisions | 657 |
served by the answering point and, if any such
cost is to be | 658 |
allocated, the formula for so allocating it; | 659 |
(C) Following the meeting required by this section, the
9-1-1 | 662 |
planning committee may modify the implementation proposal
and, no | 663 |
later than nine months after the resolution authorized by
section | 664 |
4931.414931.42 of the Revised Code is adopted, may adopt, by | 665 |
majority
vote, adopt a final plan for implementing a countywide | 666 |
9-1-1
system. If a planning committee and telephone company | 667 |
wireline
service provider do not
agree on whether the telephone | 668 |
companywireline service provider
is capable of providing
the | 669 |
wireline telephone network as described under division (A) of | 670 |
section
4931.41 of the Revised Code and the planning committee | 671 |
refers
that question to the public utilities commission, the | 672 |
commission
may extend the nine-month deadline established by this | 673 |
division
to twelve months. Immediately on completion of the plan, | 674 |
the
committee shall send a copy of the final plan: | 675 |
Sec. 4931.44. (A) Within sixty days after receipt of the | 690 |
final plan pursuant to division (C) of section 4931.43 of the | 691 |
Revised Code, the board of county commissioners of the county and | 692 |
the legislative authority of each municipal corporation in the | 693 |
county and of each township whose territory is proposed to be | 694 |
included in a countywide 9-1-1 system shall act by resolution to | 695 |
approve or disapprove the plan, except that, with respect to a | 696 |
final plan that provides for funding of the 9-1-1 system in part | 697 |
through charges imposed under section 4931.51 of the Revised
Code, | 698 |
the board of county commissioners shall not act by
resolution to | 699 |
approve or disapprove the plan until after a
resolution adopted | 700 |
under section 4931.51 of the Revised Code has
become effective as | 701 |
provided in division (D) of that section. A
municipal corporation | 702 |
or township whose territory is proposed to
be included in the | 703 |
system includes any municipal corporation or
township in which a | 704 |
part of its territory is excluded pursuant to
division (A)(2) of | 705 |
section 4931.41 of the Revised Code. Each
such authority shall | 706 |
immediately shall notify the board
of county
commissioners in | 707 |
writing of its approval or disapproval of the
final plan. Failure | 708 |
by a board or legislative authority to
notify the board of county | 709 |
commissioners of approval or
disapproval within such sixty-day | 710 |
period shall be deemed
disapproval by suchthe board or authority. | 711 |
The adoption of an amended final plan under this division | 763 |
shall be subject
to, and accomplished in the manner of the | 764 |
adoption of an initial final plan
under, sections 4931.42 to | 765 |
4931.44 of the Revised Code, including the requirements for the | 766 |
convening of a 9-1-1 planning committee and development of a | 767 |
proposed plan
prior to the adoption of the final plan.
However, a | 768 |
final plan is deemed amended for the purpose
described in division | 769 |
(A)(6) of
this section upon the filing, with the board of county | 770 |
commissioners of the county that approved the final plan for the | 771 |
countywide 9-1-1 system, of a written letter of intent by the | 772 |
entity to be added as a participant in the 9-1-1 system. The | 773 |
entity shall send written notice of the filing to all
subdivisions | 774 |
and telephone companies participating in the
system. Further, | 775 |
adoption
of any resolution under
section 4931.51 of the Revised | 776 |
Code
pursuant to a final plan that both has been adopted and | 777 |
provides
for funding through charges imposed under that section is | 778 |
not an
amendment of a final plan for the purpose of this division. | 779 |
(B) When a final plan is amended to expand the territory
that | 780 |
receives 9-1-1 service or to upgrade a 9-1-1 system from
basic to | 781 |
enhanced 9-1-1 servicefor a purpose described in division
(A)(1), | 782 |
(2), or (6) of this section, the provisions of
sections
4931.47 | 783 |
and 5727.39 of the Revised Code apply with respect to the | 784 |
telephone company's recovery of the nonrecurring and recurring | 785 |
rates and charges for the wireline telephone network portion of | 786 |
the
9-1-1 system. | 787 |
(B)(1) Upon installation of a countywide 9-1-1 system, the | 795 |
board of county commissioners may direct the county engineer to | 796 |
erect and maintain at the county boundaries on county roads and | 797 |
state and interstate highways, signs indicating the availability | 798 |
of a countywide 9-1-1 system. Any sign erected by a county under | 799 |
this section shall be erected in accordance with and meet the | 800 |
specifications established under division (B)(2) of this section. | 801 |
All expenses incurred in erecting and maintaining the signs shall | 802 |
be paid by the county. | 803 |
Sec. 4931.47. (A) In accordance with Chapters 4901.,
4903., | 810 |
4905., 4909., and 4931. of the Revised Code, the public
utilities | 811 |
commission shall determine the just, reasonable, and
compensatory | 812 |
rates, tolls, classifications, charges, or rentals
to be observed | 813 |
and charged for the wireline telephone network portion
of a
basic | 814 |
andor enhanced 9-1-1 system, and
each telephone company that is a | 815 |
wireline service provider
participating in the system shall be | 816 |
subject to such chapters, to
the extent they apply, as to the | 817 |
service provided by its portion
of the wireline telephone network | 818 |
for the system as described in the final plan
or
to be installed | 819 |
pursuant to agreements under section 4931.48 of
the Revised Code, | 820 |
and as to the rates, tolls, classifications,
charges, or rentals | 821 |
to be observed and charged for that service. | 822 |
(B) Only the customers of a participating telephone
company | 823 |
described in division (A) of this section that are
served within | 824 |
the area covered by a 9-1-1 system
shall pay the recurring rates | 825 |
for the maintenance and operation
of the company's portion of the | 826 |
wireline telephone network in providing 9-1-1
serviceof the | 827 |
system. Such rates
shall be computed by dividing the total monthly | 828 |
recurring rates
set forth in a telephonethe company's schedule as | 829 |
filed in
accordance with section 4905.30 of the Revised Code, by | 830 |
the total
number of residential and business customer access | 831 |
lines, or
their equivalent, within the area served. Each | 832 |
residential and
business customer within the area served shall pay | 833 |
the recurring
rates based on the number of its residential and | 834 |
business
customer access lines or their equivalent. No company may | 835 |
shall
include such amount on any customer's bill until the company | 836 |
has
completed its portion of the wireline telephone network in | 837 |
accordance
with
the terms, conditions, requirements, and | 838 |
specifications of the
final plan or an agreement made under | 839 |
section 4931.48 of the
Revised Code. | 840 |
(C)(1) Except as otherwise provided in division (C)(2) of | 841 |
this section, a participating telephone company described in | 842 |
division
(A) of this section may receive through the credit | 843 |
authorized by
section 5727.39 of the Revised Code the total | 844 |
nonrecurring charges for its portion of the
wireline telephone | 845 |
network used in providing 9-1-1 service,of the system and the | 846 |
total nonrecurring
charges for any updating or modernization of | 847 |
that wireline
telephone network in accordance with the terms, | 848 |
conditions,
requirements, and specifications of the final plan or | 849 |
pursuant
to agreements under section 4931.48 of the
Revised
Code, | 850 |
as any such charges are set forth in the
schedule filed by a | 851 |
telephone company in accordance with section
4905.30 of the | 852 |
Revised Code, on completion of the installation of
the network in | 853 |
accordance with the terms, conditions,
requirements, and | 854 |
specifications of the final plan or pursuant to
section 4931.48 of | 855 |
the Revised Code shall be recovered by the
company through the | 856 |
credit authorized by section 5727.39 of the
Revised Code. However, | 857 |
that portion, updating, or modernization shall not be for or | 858 |
include the provision of wireless 9-1-1. As applicable, the | 859 |
receipt of permissible charges shall occur only upon the | 860 |
completion of the
installation of the network or the completion of | 861 |
the updating or
modernization. | 862 |
(b) At the time the final plan or agreement pursuant to | 869 |
section 4931.48 of the Revised Code calling for the basic 9-1-1 | 870 |
system was agreed to, the telephone company was capable of | 871 |
reasonably meeting the technical and economic requirements of | 872 |
providing the wireline telephone network portion of an enhanced | 873 |
9-1-1
system within the territory proposed to be upgraded, as | 874 |
determined by the public utilities commission under division (A) | 875 |
or (H) of section 4931.41 or division (C) of section 4931.48 of | 876 |
the Revised Code. | 877 |
(3) WhenIf the credit is not allowed under division (C)(2) | 878 |
of this section, the total nonrecurring charges for the wireline | 879 |
telephone
network used in providing 9-1-1 service, as set forth in | 880 |
the
schedule filed by a telephone company in accordance with | 881 |
section
4905.30 of the Revised Code, on completion of the | 882 |
installation of
the network in accordance with the terms, | 883 |
conditions,
requirements, and specifications of the final plan or | 884 |
pursuant to
section 4931.48 of the Revised Code, shall be paid by | 885 |
the
municipal corporations and townships with any territory in the | 886 |
area in which such upgrade from basic to enhanced 9-1-1 service
is | 887 |
made. | 888 |
Sec. 4931.48. (A) If a final plan is disapproved under | 896 |
division (B) of section 4931.44 of the Revised Code, by | 897 |
resolution, the legislative authority of a municipal corporation | 898 |
or township that contains at least thirty per cent of the
county's | 899 |
population may establish within its boundaries, or the
legislative | 900 |
authorities of a group of municipal corporations or
townships each | 901 |
of which is contiguous with at least one other
such municipal | 902 |
corporation or township in the group, together
containing at least | 903 |
thirty per cent of the county's population,
may jointly establish | 904 |
within their boundaries a 9-1-1 system.
For thisthat purpose, the | 905 |
municipal corporation or township may enter
into an agreement, and | 906 |
the contiguous municipal corporations or
townships may jointly | 907 |
enter into an agreement with aone or more telephone
company | 908 |
providing service in the municipal corporations or
townships to | 909 |
provide for the telephone network portion of the
systemcompanies. | 910 |
(B) If no resolution has been adopted to convene a 9-1-1 | 911 |
planning committee under section 4931.42 of the Revised Code, but | 912 |
not sooner than eighteen months after the effective date of such | 913 |
section, by resolution, the legislative authority of any
municipal | 914 |
corporation in the county may establish within its
boundaries, or | 915 |
the legislative authorities of a group of
municipal corporations | 916 |
and townships each of which is contiguous
to at least one of the | 917 |
other such municipal corporations or
townships in the group may | 918 |
jointly establish within their
boundaries, a 9-1-1 system. TheFor | 919 |
that purpose, the municipal corporation, or
contiguous municipal | 920 |
corporations and townships, may enter into
an agreement with aone | 921 |
or more telephone company serving customers within the boundaries | 922 |
of the municipal corporation or contiguous
municipal corporations | 923 |
and townships, to provide for the
telephone network portion of a | 924 |
9-1-1 systemcompanies. | 925 |
(C) Whenever a telephone company that is a wireline service | 926 |
provider
and one or more municipal
corporations and townships | 927 |
enter into an agreement under division (A) or (B) of this
section | 928 |
to provide for the wireline telephone network portion of a basic | 929 |
9-1-1 system, the telephone company shall so notify the public | 930 |
utilities commission, which shall determine whether the telephone | 931 |
company is capable of reasonably meeting the technical and | 932 |
economic requirements of providing the wireline telephone network | 933 |
for
an
enhanced system within the territory served by the company | 934 |
and
covered by the agreement. The determination shall be made | 935 |
solely
for the purposes of division (C)(2) of section 4931.47 of | 936 |
the
Revised Code. | 937 |
Sec. 4931.49. (A)(1) The state, the state highway patrol, or | 949 |
a subdivision participating in a 9-1-1 system established under | 950 |
sections
4931.40 to 4931.70 of the Revised Code and any officer, | 951 |
agent, or employee, or independent contractor of the state, the | 952 |
state highway patrol, or such a
participating subdivision is not | 953 |
liable in damages in a civil
action for injuries, death, or loss | 954 |
to persons or property
arising from any act or omission, except | 955 |
willful or wanton
misconduct, in connection with developing, | 956 |
adopting, or approving
any final plan or any agreement made under | 957 |
section 4931.48 of the
Revised Code or otherwise bringing into | 958 |
operation athe 9-1-1 system
pursuant to those provisionssections | 959 |
4931.40 to 4931.70 of the Revised Code. | 960 |
(2) The Ohio 9-1-1
council, the wireless 9-1-1 advisory | 961 |
board, and any member of
that council or board are not liable in | 962 |
damages in a civil
action for injuries, death, or loss to persons | 963 |
or property
arising from any act or omission, except willful or | 964 |
wanton
misconduct, in connection with the development or operation | 965 |
of a
9-1-1 system established under sections 4931.40 to 4931.70 of | 966 |
the Revised Code. | 967 |
(B) Except as otherwise provided in sections 701.02 and | 968 |
section 4765.49 of the Revised Code, an individual who gives | 969 |
emergency
instructions through a 9-1-1 system established under | 970 |
sections
4931.40 to 4931.544931.70 of the Revised Code, and the | 971 |
principals for
whom the person acts, including both employers and | 972 |
independent
contractors, public and private, and an individual who | 973 |
follows
emergency instructions and the principals for whom that | 974 |
person
acts, including both employers and independent contractors, | 975 |
public and private, are not liable in damages in a civil action | 976 |
for injuries, death, or loss to persons or property arising from | 977 |
the issuance or following of emergency instructions, except where | 978 |
the issuance or following of the instructions constitutes willful | 979 |
or wanton misconduct. | 980 |
(C) AExcept for willful or wanton misconduct, a telephone | 981 |
company, and any other installer,
maintainer, or provider, through | 982 |
the sale or otherwise, of
customer premises equipment, and their | 983 |
respective officers,
directors, employees, agents, and suppliers | 984 |
are not liable in
damages in a civil action for injuries, death, | 985 |
or loss to persons
or property incurred by any person resulting | 986 |
from such an
entity's or its officers', directors', employees', | 987 |
agents', or
suppliers' participation in or acts or omissions in | 988 |
connection
with that participationparticipating in or developing, | 989 |
maintaining, or operating a 9-1-1 system, whether that system is | 990 |
established pursuant to sections 4931.40 to 4931.544931.70 of
the | 991 |
Revised Code or otherwise in accordance with the telephone | 992 |
company's schedules regarding 9-1-1 systems filed with the public | 993 |
utilities commission pursuant to section 4905.30 of the Revised | 994 |
Code by a telephone company that is a wireline service provider. | 995 |
(F) No person shall disclose or use, for any purpose other | 1002 |
than for the 9-1-1 system, any information concerning telephone | 1003 |
numbers, addresses, or names obtained from the data base that | 1004 |
serves the public safety answering point of a 9-1-1 system | 1005 |
established under sections 4931.40 to 4931.544931.70 of the | 1006 |
Revised
Code, except thatfor any of the following purposes or | 1007 |
under any of the following
circumstances: | 1008 |
(4) In the circumstance of assistance given by a telephone | 1017 |
company may disclose or use such informationthat is a wireline | 1018 |
service provider to
assist a public utility or municipal utility | 1019 |
in handling customer calls in
times of public emergency or service | 1020 |
outages. The charge, terms, and
conditions for the disclosure or | 1021 |
use of such information by the telephone
companyfor the purpose | 1022 |
of such assistance shall be subject to the jurisdiction of the | 1023 |
public utilities
commission. In no event shall such information be | 1024 |
disclosed or used for any
purpose not permitted by this division. | 1025 |
Sec. 4931.50. (A) The attorney general, upon request of the | 1026 |
public utilities
commission or on the attorney general's own | 1027 |
initiative,
shall begin proceedings against a
subdivision or | 1028 |
telephone company that is a wireline service provider to enforce | 1029 |
compliance with sections 4931.40
to
4931.544931.70 of the Revised | 1030 |
Code, or with the terms,
conditions, requirements, or | 1031 |
specifications of a final plan or of an agreement under section | 1032 |
4931.48 of the
Revised Code as to wireline or wireless 9-1-1. | 1033 |
(B) The attorney general, upon the
attorney general's own | 1034 |
initiative, or any prosecutor, upon
the prosecutor's initiative, | 1035 |
shall begin proceedings against a
subdivision as to wireline or | 1036 |
wireless 9-1-1
to enforce compliance
with sections 4931.40 to | 1037 |
4931.70 of the
Revised Code
or with the terms, conditions, | 1038 |
requirements, or
specifications of a final plan or of an agreement | 1039 |
under section
4931.48 of the Revised Code as to wireline
or | 1040 |
wireless 9-1-1. | 1041 |
Sec. 4931.60. There is hereby created within the public | 1042 |
utilities commission the 9-1-1 service program, headed by an Ohio | 1043 |
9-1-1 coordinator in the unclassified civil service pursuant to | 1044 |
division (A)(9) of section 124.11 of the Revised Code. The | 1045 |
coordinator shall be appointed by and serve at the pleasure of the | 1046 |
commission chairperson and shall report directly to the | 1047 |
chairperson. Upon the effective date of this section, the | 1048 |
chairperson shall appoint an interim coordinator and, upon | 1049 |
submission of a list of nominees by the Ohio 9-1-1 council | 1050 |
pursuant to section 4931.69 of the Revised Code, shall consider | 1051 |
those nominees in making the final appointment and in appointing | 1052 |
any subsequent coordinator. The chairperson may request the | 1053 |
council to submit additional nominees and may reject any of the | 1054 |
nominees. The chairperson shall fix the compensation of the | 1055 |
coordinator. The chairperson shall evaluate the performance of the | 1056 |
coordinator after considering the evaluation and recommendations | 1057 |
of the council under section 4931.68 of the Revised Code. | 1058 |
The Ohio 9-1-1 coordinator shall
administer the wireless | 1059 |
9-1-1 government assistance fund as specified in sections 4931.63 | 1060 |
and 4931.64 of the
Revised Code and otherwise carry out
the | 1061 |
coordinator's duties under sections 4931.60 to 4931.70 of the | 1062 |
Revised Code. The chairperson may establish additional duties of | 1063 |
the coordinator based on a list of recommended duties submitted by | 1064 |
the Ohio 9-1-1 council pursuant to section 4931.68 of the Revised | 1065 |
Code. The chairperson may
assign one or more commission employees | 1066 |
to assist the coordinator in
carrying out the coordinator's | 1067 |
duties. | 1068 |
Sec. 4931.61. (A) Beginning on the first day of the third | 1069 |
month following
the effective date of this section and ending | 1070 |
December 31, 2008,
there is hereby imposed,
on each wireless | 1071 |
telephone number of a wireless service
subscriber who has a | 1072 |
billing address in this state, a wireless
9-1-1 charge of | 1073 |
thirty-two cents per month. The subscriber shall pay
the wireless | 1074 |
9-1-1 charge for each such wireless
telephone number assigned to | 1075 |
the subscriber. Each wireless
service provider and each reseller | 1076 |
of wireless service shall collect the
wireless 9-1-1 charge
as a | 1077 |
specific line item on each subscriber's monthly bill. The line | 1078 |
item shall be expressly designated "State/Local Wireless-E911 | 1079 |
Costs ($0.32/billed number)." If a provider bills a subscriber for | 1080 |
any wireless enhanced 9-1-1 costs that the provider may incur, the | 1081 |
charge or amount is not to appear in the same line item as the | 1082 |
state/local line item. If the charge or amount is to appear in its | 1083 |
own, separate line item on the bill, the charge or amount shall be | 1084 |
expressly designated "[Name of Provider] Federal Wireless-E911 | 1085 |
Costs." For any subscriber of prepaid wireless service, a wireless | 1086 |
service provider or reseller shall collect the wireless 9-1-1 | 1087 |
charge in any of the following manners: | 1088 |
Sec. 4931.62. (A)(1) Beginning with the second month | 1106 |
following the month in which the wireless 9-1-1 charge
is first | 1107 |
imposed under section 4931.61 of the Revised Code, a wireless | 1108 |
service provider or reseller of wireless service, not later than | 1109 |
the last day
of each month,
shall remit the full amount of all | 1110 |
wireless 9-1-1
charges it collected for the second preceding | 1111 |
calendar month to
the Ohio 9-1-1 coordinator, with the exception | 1112 |
of charges equivalent to the
amount authorized as a billing and | 1113 |
collection fee under division
(A)(2) of this section. In doing so, | 1114 |
the provider or reseller may remit the requisite amount in any | 1115 |
reasonable manner consistent with its existing operating or | 1116 |
technological capabilities, such as by customer address, location | 1117 |
associated with the wireless telephone number, or another | 1118 |
allocation method based on comparable, relevant data. If the | 1119 |
wireless service provider or reseller receives a partial payment | 1120 |
for a bill
from a wireless service subscriber, the wireless | 1121 |
service
provider or reseller shall apply the payment first against | 1122 |
the amount the
subscriber owes the wireless service provider or | 1123 |
reseller and shall remit to
the coordinator such lesser amount, if | 1124 |
any, as results from that
invoice. | 1125 |
(B) Each subscriber on which a wireless 9-1-1 charge is | 1130 |
imposed under
division (A) of section 4931.61 of the Revised Code | 1131 |
is liable to the state for the amount of the charge.
If a wireless | 1132 |
service provider or reseller fails to collect the charge under | 1133 |
that division from a subscriber of prepaid wireless service, or | 1134 |
fails to bill any other subscriber for the charge, the wireless | 1135 |
service provider or reseller is liable to the state
for the amount | 1136 |
not collected or billed. If a wireless service provider or | 1137 |
reseller
collects charges under that division and fails to remit | 1138 |
the money
to the coordinator, the wireless service provider or | 1139 |
reseller is liable to the
state for any amount collected and not | 1140 |
remitted. | 1141 |
(C)(1) If the public utilities commission has reason to | 1142 |
believe that a wireless service provider or reseller has failed to | 1143 |
bill, collect, or remit the wireless 9-1-1 charge as required by | 1144 |
divisions (A)(1) and (B) of this section or has retained more than | 1145 |
the amount authorized under division (A)(2) of this section, and | 1146 |
after written notice to the provider or reseller, the commission | 1147 |
may audit the provider or reseller for the sole purpose of making | 1148 |
such a determination. The audit may be of a sample of the | 1149 |
provider's or reseller's billings, collections, remittances, or | 1150 |
retentions for a representative period, and the commission shall | 1151 |
make a good faith effort to reach agreement with the provider or | 1152 |
reseller in selecting that sample. | 1153 |
(2) Upon written notice to the wireless service provider or | 1154 |
reseller, the commission, by order after completion of the audit, | 1155 |
may make an assessment against the provider or reseller if, | 1156 |
pursuant to the audit, the commission determines that the provider | 1157 |
or reseller has failed to bill, collect, or remit the wireless | 1158 |
9-1-1 charge as required by divisions (A)(1) and (B) of this | 1159 |
section or has retained more than the amount authorized under | 1160 |
division (A)(2) of this section. The assessment shall be in the | 1161 |
amount of any remittance that was due and unpaid on the date | 1162 |
notice of the audit was sent by the commission to the provider or | 1163 |
reseller or, as applicable, in the amount of the excess amount | 1164 |
under division (A)(2) of this section retained by the provider or | 1165 |
reseller as of that date. | 1166 |
(3) The portion of any assessment not paid within sixty days | 1167 |
after the date of service by the commission of the assessment | 1168 |
notice under division (C)(2) of this section shall bear interest | 1169 |
from that date until paid at the rate per annum prescribed by | 1170 |
section 5703.47 of the Revised Code. That interest may be | 1171 |
collected by making an assessment under division (C)(2) of this | 1172 |
section. An assessment under this division and any interest due | 1173 |
shall be remitted in the same manner as the wireless 9-1-1 charge. | 1174 |
(4) An assessment is final and due and payable and shall be | 1175 |
remitted to the commission unless the assessed party petitions for | 1176 |
rehearing under section 4903.10 of the Revised Code. The | 1177 |
proceedings of the commission specified in division (C)(4) of this | 1178 |
section are subject to and governed by Chapter 4903. of the | 1179 |
Revised Code, except that the court of appeals of Franklin county | 1180 |
has exclusive, original jurisdiction to review, modify, or vacate | 1181 |
an order of the commission under division (C)(2) of this section. | 1182 |
The court shall hear and determine such appeal in the same manner | 1183 |
and under the same standards as the Ohio supreme court hears and | 1184 |
determines appeals under Chapter 4903. of the Revised Code. | 1185 |
(5) After an assessment becomes final, if any portion of the | 1192 |
assessment remains unpaid, including accrued interest, a certified | 1193 |
copy of the commission's entry making the assessment final may be | 1194 |
filed in the office of the clerk of the court of common pleas in | 1195 |
the county in which the place of business of the assessed party is | 1196 |
located. If the party maintains no place of business in this | 1197 |
state, the certified copy of the entry may be filed in the office | 1198 |
of the clerk of the court of common pleas of Franklin county. | 1199 |
Immediately upon the filing, the clerk shall enter a judgment for | 1200 |
the state against the assessed party in the amount shown on the | 1201 |
entry. The judgment may be filed by the clerk in a loose-leaf book | 1202 |
entitled "special judgments for wireless 9-1-1 charges" and shall | 1203 |
have the same effect as other judgments. The judgment shall be | 1204 |
executed upon the request of the commission. | 1205 |
Sec. 4931.63. (A) There is hereby created the
wireless 9-1-1 | 1215 |
administrative fund in the state treasury. A sufficient | 1216 |
percentage, determined by the chairperson of the public utilities | 1217 |
commission but not to exceed four per cent through the first full | 1218 |
fiscal year and two
per cent thereafter, of the periodic | 1219 |
remittances of the wireless 9-1-1 charge under section
4931.62 of | 1220 |
the Revised
Code shall be deposited to the credit of
the fund, to | 1221 |
be used by the commission to cover such
nonpayroll costs and, at | 1222 |
the discretion of the commission such payroll costs, of
the | 1223 |
commission as are incurred in
assisting the coordinator in | 1224 |
carrying out sections 4931.60 to 4931.70 of the
Revised Code and | 1225 |
in conducting audits under division (C) of section 4931.62 of the | 1226 |
Revised Code. In addition, the compensation of the Ohio 9-1-1 | 1227 |
coordinator, and any expenses of the coordinator in carrying out | 1228 |
those sections, shall be paid from the fund. | 1229 |
(B) There is hereby
created the wireless 9-1-1 government | 1230 |
assistance fund, which shall be in the custody of the treasurer of | 1231 |
state but
shall not be part of the state treasury. The periodic | 1232 |
remittances of the wireless 9-1-1 charge remaining after the | 1233 |
deposit required by division
(A) of this section shall be | 1234 |
deposited to the credit of the wireless 9-1-1 government | 1235 |
assistance fund. The treasurer of state shall deposit or invest | 1236 |
the moneys
in this fund in accordance with
Chapter 135. of the | 1237 |
Revised Code and any other provision of
law governing public | 1238 |
moneys of the state as defined in section
135.01 of the Revised | 1239 |
Code. The treasurer of state shall
credit the interest earned to | 1240 |
the fund. The
treasurer of state shall disburse money from the | 1241 |
fund solely upon order
of the coordinator as authorized under | 1242 |
section
4931.64 of the
Revised Code. Annually, until the fund is | 1243 |
depleted, the treasurer of state
shall certify to the coordinator | 1244 |
the amount of moneys in the
treasurer of state's custody belonging | 1245 |
to the fund. | 1246 |
(1) Determine, for a county that has adopted a final plan | 1252 |
under sections 4931.40 to 4931.70 of the Revised Code for the | 1253 |
provision of wireless enhanced 9-1-1 within the territory covered | 1254 |
by the countywide 9-1-1 system established under the plan, the | 1255 |
number of wireless telephone numbers assigned to wireless service | 1256 |
subscribers that have billing addresses within the county. That | 1257 |
number shall be adjusted between any two counties so that the | 1258 |
number of wireless telephone numbers assigned to wireless service | 1259 |
subscribers who have billing addresses within any portion of a | 1260 |
municipal corporation that territorially lies primarily in one of | 1261 |
the two counties but extends into the other county is added to the | 1262 |
number already determined for that primary county and subtracted | 1263 |
for the other county. | 1264 |
(B) The Ohio 9-1-1 coordinator, in accordance with this | 1273 |
division and not later than the last day of each month, shall | 1274 |
disburse the amount credited as remittances to the wireless 9-1-1 | 1275 |
government assistance fund during the second preceding month, plus | 1276 |
any accrued interest on the fund. Such a disbursement shall be | 1277 |
paid to each county treasurer. The amount to be so disbursed | 1278 |
monthly to a particular county shall be a proportionate share of | 1279 |
the wireless 9-1-1 government assistance fund balance based on the | 1280 |
ratio between the following: | 1281 |
(2) For each county described in division (C)(1) of this | 1296 |
section and through the third full calendar year following the | 1297 |
effective date of this section, the coordinator shall retain in | 1298 |
the wireless 9-1-1 government assistance fund an amount equal to | 1299 |
what would be the county's disbursements under division (B) of | 1300 |
this section if it had adopted such a final plan, plus any related | 1301 |
accrued interest, to be set aside for that county until the board | 1302 |
of county commissioners notifies the coordinator that a final plan | 1303 |
for the provision of wireless enhanced 9-1-1 has been adopted, but | 1304 |
not beyond the end of such third year. Provided notification is | 1305 |
made prior to the end of that third year, the coordinator shall | 1306 |
disburse and pay to the county treasurer, not later than the last | 1307 |
day of the month following the month the notification is made, the | 1308 |
total amount so set aside for the county plus any related accrued | 1309 |
interest. After the end of the third full calendar year following | 1310 |
the effective date of this section, any money and interest so | 1311 |
retained and not disbursed as authorized under this division shall | 1312 |
be available for disbursement only as provided in division (B) of | 1313 |
this section. | 1314 |
Sec. 4931.65. (A) A countywide 9-1-1
system receiving a | 1329 |
disbursement under section 4931.64 of the
Revised Code shall | 1330 |
provide countywide
wireless enhanced 9-1-1 in accordance with | 1331 |
sections 4931.40 to
4931.70 of the Revised Code beginning as soon | 1332 |
as
reasonably possible after receipt of the first disbursement
or, | 1333 |
if that service is
already implemented, shall continue to provide | 1334 |
such service. Except as provided in divisions (B) and (C) of this | 1335 |
section,
disbursement shall be used solely for
the purpose of | 1336 |
paying either or both of the following: | 1337 |
(1) Any costs of designing, upgrading, purchasing,
leasing, | 1338 |
programming, installing, testing, or maintaining the
necessary | 1339 |
data, hardware, software, and trunking required for
the public | 1340 |
safety answering point or points of the 9-1-1
system to provide | 1341 |
wireless enhanced 9-1-1, which
costs are incurred before or on or | 1342 |
after the effective date of this
section and consist of such | 1343 |
additional costs of the 9-1-1 system
over and above any costs | 1344 |
incurred to provide wireline
9-1-1. On or after the provision of | 1345 |
technical and operational standards pursuant to division (D)(1) of | 1346 |
section 4931.68 of the Revised Code, a subdivision shall consider | 1347 |
the standards before incurring any costs described in this | 1348 |
division. | 1349 |
(B) Beginning one year following the imposition of the | 1356 |
wireless 9-1-1 charge under section 4931.61 of the Revised Code, a | 1357 |
subdivision that certifies to the Ohio 9-1-1 coordinator that it | 1358 |
has paid the costs described in divisions (A)(1) and (2) of this | 1359 |
section and is providing countywide wireless enhanced 9-1-1 may | 1360 |
use disbursements received under section 4931.64 of the Revised | 1361 |
Code to pay any of its personnel costs of one or more public | 1362 |
safety answering points providing countywide wireless enhanced | 1363 |
9-1-1. | 1364 |
Sec. 4931.66. (A)(1) A wireless service provider,
the state | 1375 |
highway patrol as described in division (J) of section 4931.41 of | 1376 |
the Revised Code, and each subdivision operating one or more | 1377 |
public safety
answering points for a countywide system providing | 1378 |
wireless
9-1-1, shall provide the Ohio 9-1-1 coordinator with such | 1379 |
information as the coordinator requests for the purposes of | 1380 |
carrying out the coordinator's duties under sections 4931.60 to | 1381 |
4931.70 of the Revised
Code, including, but not
limited to, duties | 1382 |
regarding the collection of the wireless
9-1-1 charge and | 1383 |
regarding the provision of a report
or recommendation under | 1384 |
section
4931.70 of the Revised Code. | 1385 |
(2) A wireless service provider shall provide an official, | 1386 |
employee, agent, or representative of a subdivision operating a | 1387 |
public safety answering
point, or of the state highway patrol as | 1388 |
described in division (J) of section 4931.41 of the Revised Code, | 1389 |
with such technical, service, and location information as
the | 1390 |
official, employee, agent, or representative requests for the | 1391 |
purpose of providing
wireless 9-1-1. | 1392 |
(2) The public utilities commission, the Ohio 9-1-1 | 1406 |
coordinator, and any official, employee,
agent, or representative | 1407 |
of the commission, of the state highway patrol as described in | 1408 |
division (J) of section 4931.41 of the Revised Code, or of a | 1409 |
subdivision
operating a public safety answering point, while | 1410 |
acting or
claiming to act in the capacity of the commission or | 1411 |
coordinator or such official, employee,
agent, or representative, | 1412 |
shall not disclose any information
provided under division (A) of | 1413 |
this section regarding a telephone company's
customers, revenues, | 1414 |
expenses, or network information. Nothing in
division (B)(2) of | 1415 |
this section
precludes any such information from being aggregated | 1416 |
and
included in any report required under section 4931.70 or | 1417 |
division
(D)(2) of section 4931.69 of
the Revised Code, provided | 1418 |
the aggregated
information does not identify the number of any | 1419 |
particular
company's customers or the amount of its revenues
or | 1420 |
expenses or identify a particular company as to any network | 1421 |
information. | 1422 |
Sec. 4931.67. The public utilities commission, after | 1423 |
consultation with the Ohio 9-1-1 coordinator, shall adopt rules in | 1424 |
accordance
with Chapter 119. of the
Revised Code to carry out | 1425 |
sections
4931.60 to 4931.70 of the
Revised
Code, including rules | 1426 |
prescribing the
necessary accounting for a wireless service | 1427 |
provider's or reseller's billing
and collection fee under division | 1428 |
(A)(2) of section 4931.62 of
the Revised Code and rules | 1429 |
establishing a
fair and reasonable process for recommending the | 1430 |
amount of the
wireless 9-1-1 charge as authorized under division | 1431 |
(B) of section 4931.70 of the
Revised
Code. The amount of the | 1432 |
wireless 9-1-1 charge shall be prescribed only by act of the | 1433 |
general assembly. | 1434 |
Sec. 4931.68. (A) There is hereby
created the Ohio 9-1-1 | 1435 |
council,
consisting of eleven members as follows: the Ohio 9-1-1 | 1436 |
coordinator; a designee of the department of public safety, | 1437 |
selected by the director of public safety; and nine members | 1438 |
appointed by the governor. In
appointing the nine members, the | 1439 |
governor shall select one
representative of public safety | 1440 |
communications officials in this
state, one representative of | 1441 |
administrators of 9-1-1 service in
this state, one representative | 1442 |
of countywide 9-1-1 systems in
this state, three representatives | 1443 |
of wireline service providers in this
state, and three | 1444 |
representatives of wireless service providers
in this state. For | 1445 |
each such appointment, the governor shall
consider a nominee | 1446 |
proposed, respectively, by the
Ohio chapter of the association
of | 1447 |
public-safety communications officials, the
Ohio chapter of the | 1448 |
national
emergency number association, the county commissioners | 1449 |
association of Ohio; and nominees proposed, respectively, by the | 1450 |
Ohio telecom association and the wireless operators of
Ohio; or | 1451 |
any successor
organization of each such entity. | 1452 |
(B) The term of the
initial appointee to the council | 1458 |
representing public safety
communications officials and the terms | 1459 |
of one of the initial appointees representing wireline service | 1460 |
providers and one representing wireless service providers shall | 1461 |
expire on
January 31, 2007. The term of
the initial appointee to | 1462 |
the council representing administrators of 9-1-1 service and the | 1463 |
terms of another one of the initial appointees representing | 1464 |
wireline service providers and another representing wireless | 1465 |
service providers shall expire on
January 31, 2008. The term of | 1466 |
the initial appointee to the council representing countywide
9-1-1 | 1467 |
systems and the terms of another one of the initial appointees | 1468 |
representing wireline service providers and another representing | 1469 |
wireless service providers shall expire on
January 31, 2009. | 1470 |
Thereafter,
terms of appointed members shall be for three years, | 1471 |
with each
term ending on the same day of the same month as the | 1472 |
term it
succeeds. | 1473 |
Vacancies shall be filled in the manner provided for original | 1477 |
appointments. Any member appointed to fill a vacancy occurring | 1478 |
prior to the expiration date of the term for which the member's | 1479 |
predecessor was appointed shall hold office as a member for the | 1480 |
remainder of that term. A member shall continue in office after | 1481 |
the expiration date of the member's term until the member's | 1482 |
successor takes office or until a period of sixty days has | 1483 |
elapsed, whichever occurs first. | 1484 |
Sec. 4931.69.
(A) There is hereby created the wireless 9-1-1 | 1516 |
advisory board, consisting of the Ohio 9-1-1 council appointee | 1517 |
that represents public safety communications officials and five | 1518 |
members appointed by the governor as
follows: one of the council | 1519 |
appointees that represents wireless service providers in this | 1520 |
state, whose council term expires after the council term of the | 1521 |
council appointee representing public safety communications | 1522 |
officials, one noncouncil representative of wireless service | 1523 |
providers in this state, one noncouncil representative of public | 1524 |
safety communications officials in this state, and two noncouncil | 1525 |
representatives of municipal and county governments in this state. | 1526 |
(B) The terms of the advisory
board members who are also | 1527 |
council members shall be concurrent with their terms as members of | 1528 |
the council, as prescribed under division (B) of section 4931.68 | 1529 |
of the Revised Code. The terms of the initial noncouncil appointee | 1530 |
to the
advisory board who represents wireless service providers | 1531 |
and of one of the initial noncouncil appointees who represents | 1532 |
municipal and county government shall expire on January 31, 2009. | 1533 |
The terms of the initial noncouncil appointee to the advisory | 1534 |
board representing public safety communications officials and of | 1535 |
the other initial noncouncil appointee representing municipal and | 1536 |
county government shall expire on January 31, 2010. Thereafter, | 1537 |
terms of the noncouncil appointees shall be for three years, with | 1538 |
each term ending on the same day of the same month as the term it | 1539 |
succeeds.
The conditions of holding office, manner of filling | 1540 |
vacancies, and other matters concerning service by any member of | 1541 |
the advisory board shall be the same as set forth for council | 1542 |
members under division (B) of section 4931.68 of the Revised Code. | 1543 |
(B) The coordinator's recommendation for the coming budget | 1569 |
biennium of any change in the amount of the wireless 9-1-1 charge | 1570 |
and the basis for that recommendation. The recommendation shall | 1571 |
reflect the
minimum amount necessary during the coming budget | 1572 |
biennium, given
any balance in the wireless 9-1-1 government | 1573 |
assistance fund to
be carried over to that biennium and the | 1574 |
projected revenue from
the charge, to fully cover the costs | 1575 |
described in division (A) of section
4931.65 of the Revised Code | 1576 |
as projected for that
biennium. The amount also shall reflect the | 1577 |
minimum amount
necessary for the wireless 9-1-1 charge to cover | 1578 |
the
costs described in division (A)
of section 4931.63 of the | 1579 |
Revised Code as projected for the
biennium, given the wireless | 1580 |
9-1-1 administrative fund balance
to be carried over. In making a | 1581 |
recommendation under this division, the
coordinator shall consider | 1582 |
any recommendation of the wireless 9-1-1
advisory board. | 1583 |
(B)(1) No person shall transmit an advertisement to a | 1594 |
facsimile device unless the person has received prior permission | 1595 |
from the owner or, if the device is leased, from the lessee of
the | 1596 |
device to which the message is to be sent to transmit the | 1597 |
advertisement; or the person has a pre-existing business | 1598 |
relationship with such owner or lessee. Division (B)(1) of this | 1599 |
section does not apply to a person who transmits an advertisement | 1600 |
to a facsimile device located on residential premises. | 1601 |
(2) No person shall transmit an advertisement to a facsimile | 1602 |
device located on residential premises unless the person has | 1603 |
received prior written permission from the owner or, if the device | 1604 |
is leased, from the lessee of the device to which the message is | 1605 |
to be sent to transmit the advertisement. In addition to any other | 1606 |
penalties or remedies, a recipient of an advertisement transmitted | 1607 |
in violation of division (B)(2) of this section may bring a civil | 1608 |
action against the person who transmitted that advertisement or | 1609 |
caused it to be transmitted. In that action, the recipient may | 1610 |
recover one thousand dollars for each violation. | 1611 |
(B) Beginning in tax year 2005, a telephone company shall be | 1652 |
allowed a nonrefundable credit against the tax imposed by section | 1653 |
5733.06 of the Revised Code equal to the amount of its eligible | 1654 |
nonrecurring 9-1-1 charges. The credit shall be claimed for the | 1655 |
company's taxable year that covers the period in which the 9-1-1 | 1656 |
service for which the credit is claimed becomes available for use. | 1657 |
The credit shall be claimed in the order required by section | 1658 |
5733.98 of the Revised Code. If the credit exceeds the total taxes | 1659 |
due under section 5733.06 of the Revised Code for the tax year, | 1660 |
the tax commissioner shall credit the excess against taxes due | 1661 |
under that section for succeeding tax years until the full amount | 1662 |
of the credit is granted. | 1663 |
(C) After the last day a return, with any extensions, may be | 1664 |
filed by any telephone company that is eligible to claim a credit | 1665 |
under this section, the commissioner shall determine whether the | 1666 |
sum of the credits allowed for prior tax years commencing with tax | 1667 |
year 2005 plus the sum of the credits claimed for the current tax | 1668 |
year exceeds fifteen million dollars. If it does, the credits | 1669 |
allowed under this section for the current tax year shall be | 1670 |
reduced by a uniform percentage such that the sum of the credits | 1671 |
allowed for the current tax year do not exceed fifteen million | 1672 |
dollars claimed by all telephone companies for all tax years. | 1673 |
Thereafter, no credit shall be granted under this section, except | 1674 |
for the remaining portions of any credits allowed under division | 1675 |
(B) of this section. | 1676 |
(D) A telephone company that is entitled to carry forward a | 1677 |
credit against its public utility excise tax liability under | 1678 |
section 5727.39 of the Revised Code is entitled to carry forward | 1679 |
any amount of that credit remaining after its last public utility | 1680 |
excise tax payment for the period of July 1, 2003, through June | 1681 |
30, 2004, and claim that amount as a credit against its | 1682 |
corporation franchise tax liability under this section. Nothing in | 1683 |
this section authorizes a telephone company to claim a credit | 1684 |
under this section for any eligible nonrecurring 9-1-1 charges for | 1685 |
which it has already claimed a credit under this section or | 1686 |
section 5727.39 of the Revised Code. | 1687 |
Section 2. That existing sections 2307.64, 2913.01, 4931.40, | 1688 |
4931.41, 4931.43,
4931.44, 4931.45, 4931.46, 4931.47, 4931.48, | 1689 |
4931.49, 4931.50, 4931.55,
4931.99, and 5733.55 of the Revised | 1690 |
Code are hereby repealed. | 1691 |
The adoption of an amended final plan under this division | 1724 |
shall be subject
to, and accomplished in the manner of the | 1725 |
adoption of an initial final plan
under, sections 4931.42 to | 1726 |
4931.44 of the Revised Code, including the requirements for the | 1727 |
convening of a 9-1-1 planning committee and development of a | 1728 |
proposed plan
prior to the adoption of the final plan.
However, a | 1729 |
final plan is deemed amended for the purpose
described in division | 1730 |
(A)(6) of
this section upon the filing, with the board of county | 1731 |
commissioners of the county that approved the final plan for the | 1732 |
countywide 9-1-1 system, of a written letter of intent by the | 1733 |
entity to be added as a participant in the 9-1-1 system. The | 1734 |
entity shall send written notice of the filing to all
subdivisions | 1735 |
and telephone companies participating in the
system. Further, | 1736 |
adoption
of any resolution under section 4931.51 of the Revised | 1737 |
Code
pursuant to a final plan that both has been adopted and | 1738 |
provides
for funding through charges imposed under that section is | 1739 |
not an
amendment of a final plan for the purpose of this division. | 1740 |
(B) When a final plan is amended to expand the territory
that | 1741 |
receives 9-1-1 service or to upgrade a 9-1-1 system from
basic to | 1742 |
enhanced 9-1-1 servicefor a purpose described in division (A)(1), | 1743 |
(2), or (6) of this section, sections
4931.47 and 5733.55 of the | 1744 |
Revised Code apply with respect to the
telephone company's | 1745 |
recoveryreceipt of the nonrecurring and recurring
rates and | 1746 |
charges for the wireline telephone network portion of the 9-1-1 | 1747 |
system. | 1748 |
Sec. 4931.47. (A) In accordance with Chapters 4901.,
4903., | 1749 |
4905., 4909., and 4931. of the Revised Code, the public
utilities | 1750 |
commission shall determine the just, reasonable, and
compensatory | 1751 |
rates, tolls, classifications, charges, or rentals
to be observed | 1752 |
and charged for the wireline telephone network portion of a
basic | 1753 |
andor enhanced 9-1-1 system, and each telephone company that is a | 1754 |
wireline service provider
participating in the system shall be | 1755 |
subject to such chapters, to
the extent they apply, as to the | 1756 |
service provided by its portion
of the wireline telephone network | 1757 |
for the system as described in the final plan or
to be installed | 1758 |
pursuant to agreements under section 4931.48 of
the Revised Code, | 1759 |
and as to the rates, tolls, classifications,
charges, or rentals | 1760 |
to be observed and charged for that service. | 1761 |
(B) Only the customers of a participating telephone
company | 1762 |
described in division (A) of this section that are served within | 1763 |
the area covered by a 9-1-1 system
shall pay the recurring rates | 1764 |
for the maintenance and operation
of the company's portion of the | 1765 |
wireline telephone network in providing 9-1-1 serviceof the | 1766 |
system. Such rates
shall be computed by dividing the total monthly | 1767 |
recurring rates
set forth in a telephonethe company's schedule as | 1768 |
filed in
accordance with section 4905.30 of the Revised Code, by | 1769 |
the total
number of residential and business customer access | 1770 |
lines, or
their equivalent, within the area served. Each | 1771 |
residential and
business customer within the area served shall pay | 1772 |
the recurring
rates based on the number of its residential and | 1773 |
business
customer access lines or their equivalent. No company may | 1774 |
shall
include such amount on any customer's bill until the company | 1775 |
has
completed its portion of the wireline telephone network in | 1776 |
accordance with
the terms, conditions, requirements, and | 1777 |
specifications of the
final plan or an agreement made under | 1778 |
section 4931.48 of the
Revised Code. | 1779 |
(C)(1) Except as otherwise provided in division (C)(2) of | 1780 |
this section, a participating telephone company described in | 1781 |
division
(A) of this section may receive through the credit | 1782 |
authorized by
section 5733.55 of the Revised Code the total | 1783 |
nonrecurring charges for its portion of the wireline telephone | 1784 |
network used in providing 9-1-1 service,of the system and the | 1785 |
total nonrecurring
charges for any updating or modernization of | 1786 |
that wireline
telephone network in accordance with the terms, | 1787 |
conditions,
requirements, and specifications of the final plan or | 1788 |
pursuant
to agreements under section 4931.48 of the
Revised
Code, | 1789 |
as such charges are set forth in the
schedule filed by athe | 1790 |
telephone company in accordance with section
4905.30 of the | 1791 |
Revised Code, on completion of the installation of
the network in | 1792 |
accordance with the terms, conditions,
requirements, and | 1793 |
specifications of the final plan or pursuant to
section 4931.48 of | 1794 |
the Revised Code shall be recovered by the
company through the | 1795 |
credit authorized by section 5733.55 of the
Revised Code. However, | 1796 |
that portion, updating, or modernization shall not be for or | 1797 |
include the provision of wireless 9-1-1. As applicable, the | 1798 |
receipt of permissible charges shall occur only upon the | 1799 |
completion of the
installation of the network or the completion of | 1800 |
the updating or
modernization. | 1801 |
(b) At the time the final plan or agreement pursuant to | 1808 |
section 4931.48 of the Revised Code calling for the basic 9-1-1 | 1809 |
system was agreed to, the telephone company was capable of | 1810 |
reasonably meeting the technical and economic requirements of | 1811 |
providing the wireline telephone network portion of an enhanced | 1812 |
9-1-1
system within the territory proposed to be upgraded, as | 1813 |
determined by the public utilities commission under division (A) | 1814 |
or (H) of section 4931.41 or division (C) of section 4931.48 of | 1815 |
the Revised Code. | 1816 |
(3) WhenIf the credit is not allowed under division (C)(2) | 1817 |
of this section, the total nonrecurring charges for the wireline | 1818 |
telephone
network used in providing 9-1-1 service, as set forth in | 1819 |
the
schedule filed by a telephone company in accordance with | 1820 |
section
4905.30 of the Revised Code, on completion of the | 1821 |
installation of
the network in accordance with the terms, | 1822 |
conditions,
requirements, and specifications of the final plan or | 1823 |
pursuant to
section 4931.48 of the Revised Code, shall be paid by | 1824 |
the
municipal corporations and townships with any territory in the | 1825 |
area in which such upgrade from basic to enhanced 9-1-1 service
is | 1826 |
made. | 1827 |
Sec. 4931.48. (A) If a final plan is disapproved under | 1835 |
division (B) of section 4931.44 of the Revised Code, by | 1836 |
resolution, the legislative authority of a municipal corporation | 1837 |
or township that contains at least thirty per cent of the
county's | 1838 |
population may establish within its boundaries, or the
legislative | 1839 |
authorities of a group of municipal corporations or
townships each | 1840 |
of which is contiguous with at least one other
such municipal | 1841 |
corporation or township in the group, together
containing at least | 1842 |
thirty per cent of the county's population,
may jointly establish | 1843 |
within their boundaries a 9-1-1 system.
For thisthat purpose, the | 1844 |
municipal corporation or township may enter
into an agreement, and | 1845 |
the contiguous municipal corporations or
townships may jointly | 1846 |
enter into an agreement with aone or more telephone
company | 1847 |
providing service in the municipal corporations or
townships to | 1848 |
provide for the telephone network portion of the
systemcompanies. | 1849 |
(B) If no resolution has been adopted to convene a 9-1-1 | 1850 |
planning committee under section 4931.42 of the Revised Code, but | 1851 |
not sooner than eighteen months after the effective date of such | 1852 |
section, by resolution, the legislative authority of any
municipal | 1853 |
corporation in the county may establish within its
boundaries, or | 1854 |
the legislative authorities of a group of
municipal corporations | 1855 |
and townships each of which is contiguous
to at least one of the | 1856 |
other such municipal corporations or
townships in the group may | 1857 |
jointly establish within their
boundaries, a 9-1-1 system. TheFor | 1858 |
that purpose, the municipal corporation, or
contiguous municipal | 1859 |
corporations and townships, may enter into
an agreement with aone | 1860 |
or more telephone company serving customers
within the boundaries | 1861 |
of the municipal corporation or contiguous
municipal corporations | 1862 |
and townships, to provide for the
telephone network portion of a | 1863 |
9-1-1 systemcompanies. | 1864 |
(C) Whenever a telephone company that is a wireline service | 1865 |
provider and one or more municipal
corporations and townships | 1866 |
enter into an agreement under division (A) or (B) of this
section | 1867 |
to provide for the wireline telephone network portion of a basic | 1868 |
9-1-1 system, the telephone company shall so notify the public | 1869 |
utilities commission, which shall determine whether the telephone | 1870 |
company is capable of reasonably meeting the technical and | 1871 |
economic requirements of providing the wireline telephone network | 1872 |
for an
enhanced system within the territory served by the company | 1873 |
and
covered by the agreement. The determination shall be made | 1874 |
solely
for the purposes of division (C)(2) of section 4931.47 of | 1875 |
the
Revised Code. | 1876 |
Section 6. The codified and uncodified sections of law | 1893 |
contained in this act are subject to the referendum and, | 1894 |
therefore, under Ohio Constitution, Article II, Section 1c take | 1895 |
effect on the ninety-first day after this act is filed with the | 1896 |
Secretary of State. If, however, a referendum petition is filed | 1897 |
against any such codified or uncodified section, the section, | 1898 |
unless rejected at the referendum, takes effect at the earliest | 1899 |
time permitted by law. | 1900 |