As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 360

Representative Rosenberger 

Cosponsors: Representatives Butler, Murray, Grossman, Adams, J., Ruhl, Gonzales 

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A BILL

To amend sections 4927.03, 4927.15, 4931.40, 4931.41,

1

4931.44, 4931.49, 4931.50, 4931.60, 4931.61,

2

4931.62, 4931.63, 4931.64, 4931.65, 4931.66,

3

4931.67, 4931.69, and 4931.99, to enact sections

4

4931.611, 4931.621, and 4931.622, and to repeal

5

section 4931.70 of the Revised Code to revise the

6

amount and methods of collection and remittance of

7

the wireless 9-1-1 charge for prepaid wireless

8

services.

9

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

Section 1. That sections 4927.03, 4927.15, 4931.40, 4931.41,	10
4931.44, 4931.49, 4931.50, 4931.60, 4931.61, 4931.62, 4931.63,	11
4931.64, 4931.65, 4931.66, 4931.67, 4931.69, and 4931.99 be	12
amended and sections 4931.611, 4931.621, and 4931.622 of the	13
Revised Code be enacted to read as follows:	14

Sec. 4927.03. (A) Except as provided in divisions (A) and (B)	15
of section 4927.04 of the Revised Code and except to the extent	16
required to exercise authority under federal law, the commission	17
has no authority over any interconnected voice over internet	18
protocol-enabled service or any telecommunications service that is	19
not commercially available on the effective date of this section	20
September 13, 2010, and that employs technology that became	21
available for commercial use only after the effective date of this	22
sectionSeptember 13, 2010, unless the commission, upon a finding	23
that the exercise of the commission's authority is necessary for	24
the protection, welfare, and safety of the public, adopts rules	25
specifying the necessary regulation. A consumer purchase of a	26
service that is not commercially available on the effective date	27
of this sectionSeptember 13, 2010, and that employs technology	28
that became available for commercial use only after the effective	29
date of this sectionSeptember 13, 2010, shall constitute a	30
consumer transaction for purposes of sections 1345.01 to 1345.13	31
of the Revised Code, notwithstanding any provision of those	32
sections to the contrary, unless the commission exercises	33
jurisdiction over the service in accordance with this division.	34
Notwithstanding any contrary provision of Chapter 4911. of the	35
Revised Code, to the extent that the commission adopts rules under	36
division (A) of this section regarding any interconnected voice	37
over internet protocol enabled service provided to residential	38
customers or regarding any telecommunications service that is	39
provided to residential customers, that is not commercially	40
available on the effective date of this sectionSeptember 13,	41
2010, and that employs technology that became available for	42
commercial use only after the effective date of this section	43
September 13, 2010, the office of the consumers' counsel shall	44
have authority to assist and represent residential customers in	45
the implementation and enforcement of those rules.	46

(B)(1) The commission has no authority over wireless service,	47
resellers of wireless service, or wireless service providers,	48
except as follows:	49

(a) As provided under sections 4905.84, 4931.40 to 4931.70	50
4931.69, and 4931.99 of the Revised Code;	51

(b) With respect to division (C) of section 4927.15 of the	52
Revised Code;	53

(c) As provided in divisions (B)(2), (3), and (4) of this	54
section.	55

(2) The commission has authority over wireless service and	56
wireless service providers as follows, but only to the extent	57
authorized by federal law, including federal regulations:	58

(a) To the extent that the commission carries out the acts	59
described in divisions (A), (B), (C), (D), and (F) of section	60
4927.04 of the Revised Code;	61

(b) As provided in sections 4927.05, 4927.20, and 4927.21 of	62
the Revised Code.	63

(3) The requirements of sections 4905.10, 4905.14, and	64
4911.18 of the Revised Code shall apply to a wireless service	65
provider.	66

(4) The commission has such authority as is necessary to	67
enforce division (B) of this section.	68

(C) For purposes of sections 4927.01 to 4927.21 of the	69
Revised Code, sections 4903.02, 4903.03, 4903.24, 4903.25,	70
4905.04, 4905.05, 4905.06, 4905.13, 4905.15, 4905.16, 4905.17,	71
4905.22, 4905.26, 4905.27, 4905.28, 4905.29, 4905.31, 4905.32,	72
4905.33, 4905.35, 4905.37, 4905.38, 4905.39, 4905.48, 4905.54,	73
4905.55, 4905.56, and 4905.60 of the Revised Code do not apply to	74
a telephone company or, as applicable, to an officer, employee, or	75
agent of such company or provider, except to the extent necessary	76
for the commission to carry out sections 4927.01 to 4927.21 of the	77
Revised Code.	78

(D) Except as specifically authorized in sections 4927.01 to	79
4927.21 of the Revised Code, the commission has no authority over	80
the quality of service and the service rates, terms, and	81
conditions of telecommunications service provided to end users by	82
a telephone company.	83

(E) The commission shall initially adopt the rules required	84
by this chapter not later than one hundred twenty days after the	85
effective date of this sectionSeptember 13, 2010. Subject to the	86
authority granted to the commission under this chapter, the	87
commission may adopt other rules, including rules regarding the	88
removal from tariffs of services that were required to be filed in	89
tariffs prior to the effective date of this sectionSeptember 13,	90
2010, as it finds necessary to carry out this chapter.	91

Sec. 4927.15.  (A) The rates, terms, and conditions for 9-1-1	92
service provided in this state by a telephone company or a	93
telecommunications carrier and each of the following provided in	94
this state by a telephone company shall be approved and tariffed	95
in the manner prescribed by rule adopted by the public utilities	96
commission and shall be subject to the applicable laws, including	97
rules or regulations adopted and orders issued by the commission	98
or the federal communications commission and, including, as to	99
9-1-1 service, sections 4931.40 to 4931.704931.69 and 4931.99 of	100
the Revised Code:	101

(1) Carrier access;

102

(2) N-1-1 services, other than 9-1-1 service;

103

(3) Pole attachments and conduit occupancy under section	104
4905.71 of the Revised Code;	105

(4) Pay telephone access lines;

106

(5) Toll presubscription;

107

(6) Telecommunications relay service.

108

(B) The public utilities commission may order changes in a	109
telephone company's rates for carrier access in this state subject	110
to this division. In the event that the public utilities	111
commission reduces a telephone company's rates for carrier access	112
that are in effect on the effective date of this sectionSeptember	113
13, 2010, that reduction shall be on a revenue-neutral basis under	114
terms and conditions established by the public utilities	115
commission, and any resulting rate changes necessary to comply	116
with division (B) or (C) of this section shall be in addition to	117
any upward rate alteration made under section 4927.12 of the	118
Revised Code.	119

(C) The public utilities commission has authority to address	120
carrier access policy and to create and administer mechanisms for	121
carrier access reform, including, but not limited to, high cost	122
support.	123

Sec. 4931.40.  As used in sections 4931.40 to 4931.704931.69	124
of the Revised Code:	125

(A) "9-1-1 system" means a system through which individuals	126
can request emergency service using the telephone number 9-1-1.	127

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	128
provides information on the nature of and the location of an	129
emergency, and the personnel receiving the call must determine the	130
appropriate emergency service provider to respond at that	131
location.	132

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	133
providing both enhanced wireline 9-1-1 and wireless enhanced	134
9-1-1.	135

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	136
the wireline telephone network, in providing wireline 9-1-1,	137
automatically routes the call to emergency service providers that	138
serve the location from which the call is made and immediately	139
provides to personnel answering the 9-1-1 call information on the	140
location and the telephone number from which the call is being	141
made.	142

(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that, in	143
providing wireless 9-1-1, has the capabilities of phase I and, to	144
the extent available, phase II enhanced 9-1-1 services as	145
described in 47 C.F.R. 20.18 (d) to (h).	146

(F)(1) "Wireless service" means federally licensed commercial	147
mobile service as defined in 47 U.S.C. 332(d) and further defined	148
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	149
service provided by any wireless, two-way communications device,	150
including a radio-telephone communications line used in cellular	151
telephone service or personal communications service, a network	152
radio access line, or any functional or competitive equivalent of	153
such a radio-telephone communications or network radio access	154
line.	155

(2) Nothing in sections 4931.40 to 4931.704931.69 of the	156
Revised Code applies to paging or any service that cannot be used	157
to call 9-1-1.	158

(G) "Wireless service provider" means a facilities-based	159
provider of wireless service to one or more end users in this	160
state.	161

(H) "Wireless 9-1-1" means the emergency calling service	162
provided by a 9-1-1 system pursuant to a call originating in the	163
network of a wireless service provider.	164

(I) "Wireline 9-1-1" means the emergency calling service	165
provided by a 9-1-1 system pursuant to a call originating in the	166
network of a wireline service provider.	167

(J) "Wireline service provider" means a facilities-based	168
provider of wireline service to one or more end-users in this	169
state.	170

(K) "Wireline service" means basic local exchange service, as	171
defined in section 4927.01 of the Revised Code, that is	172
transmitted by means of interconnected wires or cables by a	173
wireline service provider authorized by the public utilities	174
commission.	175

(L) "Wireline telephone network" means the selective router	176
and data base processing systems, trunking and data wiring cross	177
connection points at the public safety answering point, and all	178
other voice and data components of the 9-1-1 system.	179

(M) "Subdivision" means a county, municipal corporation,	180
township, township fire district, joint fire district, township	181
police district, joint police district, joint ambulance district,	182
or joint emergency medical services district that provides	183
emergency service within its territory, or that contracts with	184
another municipal corporation, township, or district or with a	185
private entity to provide such service; and a state college or	186
university, port authority, or park district of any kind that	187
employs law enforcement officers that act as the primary police	188
force on the grounds of the college or university or port	189
authority or in the parks operated by the district.	190

(N) "Emergency service" means emergency law enforcement,	191
firefighting, ambulance, rescue, and medical service.	192

(O) "Emergency service provider" means the state highway	193
patrol and an emergency service department or unit of a	194
subdivision or that provides emergency service to a subdivision	195
under contract with the subdivision.	196

(P) "Public safety answering point" means a facility to which	197
9-1-1 system calls for a specific territory are initially routed	198
for response and where personnel respond to specific requests for	199
emergency service by directly dispatching the appropriate	200
emergency service provider, relaying a message to the appropriate	201
provider, or transferring the call to the appropriate provider.	202

(Q) "Customer premises equipment" means telecommunications	203
equipment, including telephone instruments, on the premises of a	204
public safety answering point that is used in answering and	205
responding to 9-1-1 system calls.	206

(R) "Municipal corporation in the county" includes any	207
municipal corporation that is wholly contained in the county and	208
each municipal corporation located in more than one county that	209
has a greater proportion of its territory in the county to which	210
the term refers than in any other county.	211

(S) "Board of county commissioners" includes the legislative	212
authority of a county established under Section 3 of Article X,	213
Ohio Constitution, or Chapter 302. of the Revised Code.	214

(T) "Final plan" means a final plan adopted under division	215
(B) of section 4931.44 of the Revised Code and, except as	216
otherwise expressly provided, an amended final plan adopted under	217
section 4931.45 of the Revised Code.	218

(U) "Subdivision served by a public safety answering point"	219
means a subdivision that provides emergency service for any part	220
of its territory that is located within the territory of a public	221
safety answering point whether the subdivision provides the	222
emergency service with its own employees or pursuant to a	223
contract.	224

(V) A township's population includes only population of the	225
unincorporated portion of the township.	226

(W) "Telephone company" means a company engaged in the	227
business of providing local exchange telephone service by making	228
available or furnishing access and a dial tone to persons within a	229
local calling area for use in originating and receiving voice	230
grade communications over a switched network operated by the	231
provider of the service within the area and gaining access to	232
other telecommunications services. "Telephone company" includes a	233
wireline service provider and a wireless service provider unless	234
otherwise expressly specified. For purposes of sections 4931.52	235
and 4931.53 of the Revised Code, "telephone company" means a	236
wireline service provider.	237

(X) "Prepaid wireless calling service" has the same meaning	238
as in division (AA)(5) of section 5739.01 of the Revised Code.	239

(Y) "Provider of a prepaid wireless calling service" means a	240
wireless service provider that provides a prepaid wireless calling	241
service.	242

(Z) "Retail sale" means a sale that is for use or consumption	243
by the purchaser, and not for resale.	244

Sec. 4931.41.  (A)(1) A countywide 9-1-1 system shall include	245
all of the territory of the townships and municipal corporations	246
in the county and any portion of such a municipal corporation that	247
extends into an adjacent county.	248

(2) The system shall exclude any territory served by a	249
wireline service provider that is not capable of reasonably	250
meeting the technical and economic requirements of providing the	251
wireline telephone network portion of the countywide system for	252
that territory. The system shall exclude from enhanced 9-1-1 any	253
territory served by a wireline service provider that is not	254
capable of reasonably meeting the technical and economic	255
requirements of providing the wireline telephone network portion	256
of enhanced 9-1-1 for that territory. If a 9-1-1 planning	257
committee and a wireline service provider do not agree on whether	258
the provider is so capable, the committee shall notify the public	259
utilities commission, and the commission shall determine whether	260
the wireline service provider is so capable. The committee shall	261
ascertain whether such disagreement exists before making its	262
implementation proposal under division (A) of section 4931.43 of	263
the Revised Code. The commission's determination shall be in the	264
form of an order. No final plan shall require a wireline service	265
provider to provide the wireline telephone network portion of a	266
9-1-1 system that the commission has determined the provider is	267
not reasonably capable of providing.	268

(B) A countywide 9-1-1 system may be a basic or enhanced	269
9-1-1 system, or a combination of the two, and shall be for the	270
purpose of providing both wireline 9-1-1 and wireless 9-1-1.	271

(C) Every emergency service provider that provides emergency	272
service within the territory of a countywide 9-1-1 system shall	273
participate in the countywide system.	274

(D)(1) Each public safety answering point shall be operated	275
by a subdivision and shall be operated constantly.	276

(2) A subdivision that operates a public safety answering	277
point shall pay all of the costs associated with establishing,	278
equipping, furnishing, operating, and maintaining that facility	279
and shall allocate those costs among itself and the subdivisions	280
served by the answering point based on the allocation formula in a	281
final plan. The wireline service provider or other entity that	282
provides or maintains the customer premises equipment shall bill	283
the operating subdivision for the cost of providing such	284
equipment, or its maintenance. A wireless service provider and a	285
subdivision operating a public safety answering point may enter	286
into a service agreement for providing wireless enhanced 9-1-1	287
pursuant to a final plan adopted under sections 4931.40 to 4931.70	288
4931.69 of the Revised Code.	289

(E) Except to the extent provided in a final plan that	290
provides for funding of a 9-1-1 system in part through charges	291
imposed under section 4931.51 of the Revised Code, each	292
subdivision served by a public safety answering point shall pay	293
the subdivision that operates the answering point the amount	294
computed in accordance with the allocation formula set forth in	295
the final plan.	296

(F) Notwithstanding any other provision of law, the purchase	297
or other acquisition, installation, and maintenance of the	298
telephone network for a 9-1-1 system and the purchase or other	299
acquisition, installation, and maintenance of customer premises	300
equipment at a public safety answering point made in compliance	301
with a final plan or an agreement under section 4931.48 of the	302
Revised Code, including customer premises equipment used to	303
provide wireless enhanced 9-1-1, are not subject to any	304
requirement of competitive bidding.	305

(G) Each emergency service provider participating in a	306
countywide 9-1-1 system shall maintain a telephone number in	307
addition to 9-1-1.	308

(H) Whenever a final plan provides for the implementation of	309
basic 9-1-1, the planning committee shall so notify the public	310
utilities commission, which shall determine whether the wireline	311
service providers serving the territory covered by the plan are	312
capable of reasonably meeting the technical and economic	313
requirements of providing the wireline telephone network portion	314
of an enhanced 9-1-1 system. The determination shall be made	315
solely for purposes of division (C)(2) of section 4931.47 of the	316
Revised Code.	317

(I) If the public safety answering point personnel reasonably	318
determine that a 9-1-1 call is not an emergency, the personnel	319
shall provide the caller with the telephone number of an	320
appropriate subdivision agency as applicable.	321

(J) A final plan adopted under sections 4931.40 to 4931.70	322
4931.69 of the Revised Code, or an agreement under section 4931.48	323
of the Revised Code, may provide that, by further agreement	324
included in the plan or agreement, the state highway patrol or one	325
or more public safety answering points of another 9-1-1 system is	326
the public safety answering point or points for the provision of	327
wireline or wireless 9-1-1 for all or part of the territory of the	328
9-1-1 system established under the plan or agreement. In that	329
event, the subdivision for which the wireline or wireless 9-1-1 is	330
provided as named in the agreement shall be deemed the subdivision	331
operating the public safety answering point or points for purposes	332
of sections 4931.40 to 4931.704931.69 of the Revised Code, except	333
that, for the purpose of division (D)(2) of this section, that	334
subdivision shall pay only so much of the costs of establishing,	335
equipping, furnishing, operating, or maintaining any such public	336
safety answering point as are specified in the agreement with the	337
patrol or other system.	338

(K) A final plan for the provision of wireless enhanced 9-1-1	339
shall provide that any wireless 9-1-1 calls routed to a state	340
highway patrol-operated public safety answering point by default,	341
due to a wireless service provider so routing all such calls of	342
its subscribers without prior permission, are instead to be routed	343
as provided under the plan. Upon the implementation of countywide	344
wireless enhanced 9-1-1 pursuant to a final plan, the state	345
highway patrol shall cease any functioning as a public safety	346
answering point providing wireless 9-1-1 within the territory	347
covered by the countywide 9-1-1 system so established, unless the	348
patrol functions as a public safety answering point providing	349
wireless enhanced 9-1-1 pursuant to an agreement included in the	350
plan as authorized under division (J) of this section.	351

Sec. 4931.44.  (A) Within sixty days after receipt of the	352
final plan pursuant to division (C) of section 4931.43 of the	353
Revised Code, the board of county commissioners of the county and	354
the legislative authority of each municipal corporation in the	355
county and of each township whose territory is proposed to be	356
included in a countywide 9-1-1 system shall act by resolution to	357
approve or disapprove the plan, except that, with respect to a	358
final plan that provides for funding of the 9-1-1 system in part	359
through charges imposed under section 4931.51 of the Revised Code,	360
the board of county commissioners shall not act by resolution to	361
approve or disapprove the plan until after a resolution adopted	362
under section 4931.51 of the Revised Code has become effective as	363
provided in division (D) of that section. A municipal corporation	364
or township whose territory is proposed to be included in the	365
system includes any municipal corporation or township in which a	366
part of its territory is excluded pursuant to division (A)(2) of	367
section 4931.41 of the Revised Code. Each such authority	368
immediately shall notify the board of county commissioners in	369
writing of its approval or disapproval of the final plan. Failure	370
by a board or legislative authority to notify the board of county	371
commissioners of approval or disapproval within such sixty-day	372
period shall be deemed disapproval by the board or authority.	373

(B) As used in this division, "county's population" excludes	374
the population of any municipal corporation or township that,	375
under the plan, is completely excluded from 9-1-1 service in the	376
county's final plan. A countywide plan is effective if all of the	377
following entities approve the plan in accordance with this	378
section:	379

(1) The board of county commissioners;

380

(2) The legislative authority of a municipal corporation that	381
contains at least thirty per cent of the county's population, if	382
any;	383

(3) The legislative authorities of municipal corporations and	384
townships that contain at least sixty per cent of the county's	385
population or, if the plan has been approved by a municipal	386
corporation that contains at least sixty per cent of the county's	387
population, by the legislative authorities of municipal	388
corporations and townships that contain at least seventy-five per	389
cent of the county's population.	390

(C) After a countywide plan approved in accordance with this	391
section is adopted, all of the telephone companies and	392
subdivisions included in the plan are subject to the specific	393
requirements of the plan and to sections 4931.40 to 4931.70	394
4931.69 of the Revised Code.	395

Sec. 4931.49.  (A)(1) The state, the state highway patrol, or	396
a subdivision participating in a 9-1-1 system established under	397
sections 4931.40 to 4931.704931.69 of the Revised Code and any	398
officer, agent, employee, or independent contractor of the state,	399
the state highway patrol, or such a participating subdivision is	400
not liable in damages in a civil action for injuries, death, or	401
loss to persons or property arising from any act or omission,	402
except willful or wanton misconduct, in connection with	403
developing, adopting, or approving any final plan or any agreement	404
made under section 4931.48 of the Revised Code or otherwise	405
bringing into operation the 9-1-1 system pursuant to sections	406
4931.40 to 4931.704931.69 of the Revised Code.	407

(2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory	408
board, and any member of that council or board are not liable in	409
damages in a civil action for injuries, death, or loss to persons	410
or property arising from any act or omission, except willful or	411
wanton misconduct, in connection with the development or operation	412
of a 9-1-1 system established under sections 4931.40 to 4931.70	413
4931.69 of the Revised Code.	414

(B) Except as otherwise provided in section 4765.49 of the	415
Revised Code, an individual who gives emergency instructions	416
through a 9-1-1 system established under sections 4931.40 to	417
4931.704931.69 of the Revised Code, and the principals for whom	418
the person acts, including both employers and independent	419
contractors, public and private, and an individual who follows	420
emergency instructions and the principals for whom that person	421
acts, including both employers and independent contractors, public	422
and private, are not liable in damages in a civil action for	423
injuries, death, or loss to persons or property arising from the	424
issuance or following of emergency instructions, except where the	425
issuance or following of the instructions constitutes willful or	426
wanton misconduct.	427

(C) Except for willful or wanton misconduct, a telephone	428
company, and any other installer, maintainer, or provider, through	429
the sale or otherwise, of customer premises equipment, and their	430
respective officers, directors, employees, agents, and suppliers	431
are not liable in damages in a civil action for injuries, death,	432
or loss to persons or property incurred by any person resulting	433
from any of the following:	434

(1) Such an entity's or its officers', directors',	435
employees', agents', or suppliers' participation in or acts or	436
omissions in connection with participating in or developing,	437
maintaining, or operating a 9-1-1 system, whether that system is	438
established pursuant to sections 4931.40 to 4931.704931.69 of the	439
Revised Code or otherwise in accordance with schedules regarding	440
9-1-1 systems filed with the public utilities commission pursuant	441
to section 4905.30 of the Revised Code by a telephone company that	442
is a wireline service provider;	443

(2) Such an entity's or its officers', directors',	444
employees', agents', or suppliers' provision of assistance to a	445
public utility, municipal utility, or state or local government as	446
authorized by divisions (F)(G)(4) and (5) of this section.	447

(D) Except for willful or wanton misconduct, a provider of	448
and a seller of a prepaid wireless calling service and their	449
respective officers, directors, employees, agents, and suppliers	450
are not liable in damages in a civil action for injuries, death,	451
or loss to persons or property incurred by any person resulting	452
from anything described in division (C) of this section.	453

(E) No person shall knowingly use the telephone number of a	454
9-1-1 system established under sections 4931.40 to 4931.704931.69	455
of the Revised Code to report an emergency if the person knows	456
that no emergency exists.	457

(E)(F) No person shall knowingly use a 9-1-1 system for a	458
purpose other than obtaining emergency service.	459

(F)(G) No person shall disclose or use any information	460
concerning telephone numbers, addresses, or names obtained from	461
the data base that serves the public safety answering point of a	462
9-1-1 system established under sections 4931.40 to 4931.704931.69	463
of the Revised Code, except for any of the following purposes or	464
under any of the following circumstances:	465

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

466

(2) For the purpose of responding to an emergency call to an	467
emergency service provider;	468

(3) In the circumstance of the inadvertent disclosure of such	469
information due solely to technology of the wireline telephone	470
network portion of the 9-1-1 system not allowing access to the	471
data base to be restricted to 9-1-1 specific answering lines at a	472
public safety answering point;	473

(4) In the circumstance of access to a data base being given	474
by a telephone company that is a wireline service provider to a	475
public utility or municipal utility in handling customer calls in	476
times of public emergency or service outages. The charge, terms,	477
and conditions for the disclosure or use of such information for	478
the purpose of such access to a data base shall be subject to the	479
jurisdiction of the public utilities commission.	480

(5) In the circumstance of access to a data base given by a	481
telephone company that is a wireline service provider to a state	482
and local government in warning of a public emergency, as	483
determined by the public utilities commission. The charge, terms,	484
and conditions for the disclosure or use of that information for	485
the purpose of access to a data base is subject to the	486
jurisdiction of the public utilities commission.	487

Sec. 4931.50. (A) The attorney general, upon request of the	488
public utilities commission or on the attorney general's own	489
initiative, shall begin proceedings against a telephone company	490
that is a wireline service provider to enforce compliance with	491
sections 4931.40 to 4931.704931.69 of the Revised Code or with	492
the terms, conditions, requirements, or specifications of a final	493
plan or of an agreement under section 4931.48 of the Revised Code	494
as to wireline or wireless 9-1-1.	495

(B) The attorney general, upon the attorney general's own	496
initiative, or any prosecutor, upon the prosecutor's initiative,	497
shall begin proceedings against a subdivision as to wireline or	498
wireless 9-1-1 to enforce compliance with sections 4931.40 to	499
4931.704931.69 of the Revised Code or with the terms, conditions,	500
requirements, or specifications of a final plan or of an agreement	501
under section 4931.48 of the Revised Code as to wireline or	502
wireless 9-1-1.	503

Sec. 4931.60.  There is hereby created within the public	504
utilities commission the 9-1-1 service program, headed by an Ohio	505
9-1-1 coordinator in the unclassified civil service pursuant to	506
division (A)(9) of section 124.11 of the Revised Code. The	507
coordinator shall be appointed by and serve at the pleasure of the	508
commission chairperson and shall report directly to the	509
chairperson. Upon the effective date of this sectionOn May 6,	510
2005, the chairperson shall appoint an interim coordinator and,	511
upon submission of a list of nominees by the Ohio 9-1-1 council	512
pursuant to section 4931.69 of the Revised Code, shall consider	513
those nominees in making the final appointment and in appointing	514
any subsequent coordinator. The chairperson may request the	515
council to submit additional nominees and may reject any of the	516
nominees. The chairperson shall fix the compensation of the	517
coordinator. The chairperson shall evaluate the performance of the	518
coordinator after considering the evaluation and recommendations	519
of the council under section 4931.68 of the Revised Code.	520

The Ohio 9-1-1 coordinator shall administer the wireless	521
9-1-1 government assistance fund as specified in sections 4931.63	522
and 4931.64 of the Revised Code and otherwise carry out the	523
coordinator's duties under sections 4931.60 to 4931.704931.69 of	524
the Revised Code. The chairperson may establish additional duties	525
of the coordinator based on a list of recommended duties submitted	526
by the Ohio 9-1-1 council pursuant to section 4931.68 of the	527
Revised Code. The chairperson may assign one or more commission	528
employees to assist the coordinator in carrying out the	529
coordinator's duties.	530

Sec. 4931.61. (A) Beginning on the first day of the third	531
month following May 6, 2005, and ending December 31, 2012, there	532
is hereby imposed, on each wireless telephone number of a wireless	533
service subscriber who has a billing address in this state, except	534
prepaid wireless telephone numbers, a wireless 9-1-1 charge of	535
twenty-eight cents per month. The subscriber shall pay the	536
wireless 9-1-1 charge for each such wireless telephone number	537
assigned to the subscriber. Each wireless service provider and	538
each reseller of wireless service shall collect the wireless 9-1-1	539
charge as a specific line item on each subscriber's monthly bill.	540
The line item shall be expressly designated "State/Local	541
Wireless-E911 Costs ($0.28/billed number)." If a provider bills a	542
subscriber for any wireless enhanced 9-1-1 costs that the provider	543
may incur, the charge or amount is not to appear in the same line	544
item as the state/local line item. If the charge or amount is to	545
appear in its own, separate line item on the bill, the charge or	546
amount shall be expressly designated "[Name of Provider] Federal	547
Wireless-E911 Costs." For any subscriber of prepaid wireless	548
service, a wireless service provider or reseller shall collect the	549
wireless 9-1-1 charge in any of the following manners:	550

(1) At the point of sale. For purposes of prepaid wireless	551
services, point of sale includes the purchasing of additional	552
minutes by the subscriber along with any necessary activation of	553
those minutes.	554

(2) If the subscriber has a positive account balance on the	555
last day of the month and has used the service during that month,	556
by reducing that balance not later than the end of the first week	557
of the following month by the amount of the charge or an	558
equivalent number of airtime minutes;	559

(3) By dividing the total earned prepaid wireless telephone	560
revenue from sales within this state received by the wireless	561
service provider or reseller during the month by fifty,	562
multiplying the quotient by twenty-eight cents, and remitting this	563
amount pursuant to division (A)(1) of section 4931.62 of the	564
Revised Code.	565

(B)(1) Beginning on the first day of the month following the	566
effective date of this section and ending December 31, 2012, there	567
is hereby imposed, on each retail sale of a prepaid wireless	568
calling service occurring in this state, a wireless 9-1-1 charge	569
of sixteen cents per line transaction.	570

(2) For purposes of division (B)(1) of this section, a retail	571
sale occurs in this state if it is effected by the consumer	572
appearing in person at a seller's business location in this state,	573
or if the sale is sourced to this state under division (E)(3) of	574
section 5739.034 of the Revised Code, except that under that	575
division, in lieu of sourcing a sale under division (C)(5) of	576
section 5739.033 of the Revised Code, the seller, rather than the	577
service provider, may elect to source the sale to the location	578
associated with the mobile telephone number.	579

(3)(a) Except as provided in division (B)(3)(b) of this	580
section, the seller of the prepaid wireless calling service shall	581
collect the charge from the consumer at the time of each retail	582
sale and disclose the amount of the charge to the consumer at the	583
time of the sale by itemizing the charge on a receipt, invoice, or	584
similar form of written documentation.	585

(b) The seller of the prepaid wireless calling service may	586
elect to charge the consumer only the price of the prepaid	587
wireless calling service. In this case, the seller shall provide	588
the consumer at the time of the retail sale with written	589
documentation that the amount paid by the consumer for the	590
wireless calling service includes the wireless 9-1-1 charge	591
imposed under division (B)(1) of this section. The documentation	592
shall state the amount of the charge.	593

(c) Whether the seller of a prepaid wireless calling service	594
collects the wireless 9-1-1 charge under division (B)(3)(a) of	595
this section or elects the option provided under division	596
(B)(3)(b) of this section, the seller shall comply with the	597
appropriate remittance requirement under division (B)(1) of	598
section 4931.62 of the Revised Code.	599

(C) The wireless 9-1-1 chargecharges shall be exempt from	600
state or local taxation.	601

Sec. 4931.611.  The department of taxation shall provide	602
notice to all sellers of prepaid wireless calling services of any	603
increase or decrease in the wireless 9-1-1 charge imposed under	604
division (B)(1) of section 4931.61 of the Revised Code. Each	605
notice shall be provided not less than thirty days before the	606
effective date of the increase or decrease.	607

Sec. 4931.62. (A)(1) Beginning with the second month	608
following the month in which the wireless 9-1-1 charge is first	609
imposed under division (A) of section 4931.61 of the Revised Code,	610
a wireless service provider or reseller of wireless service, not	611
later than the last day of each month, shall remit the full amount	612
of all such wireless 9-1-1 charges it collected for the second	613
preceding calendar month to the Ohio 9-1-1 coordinator, with the	614
exception of charges equivalent to the amount authorized as a	615
billing and collection fee under division (A)(2) of this section.	616
In doing so, the provider or reseller may remit the requisite	617
amount in any reasonable manner consistent with its existing	618
operating or technological capabilities, such as by customer	619
address, location associated with the wireless telephone number,	620
or another allocation method based on comparable, relevant data.	621
If the wireless service provider or reseller receives a partial	622
payment for a bill from a wireless service subscriber, the	623
wireless service provider or reseller shall apply the payment	624
first against the amount the subscriber owes the wireless service	625
provider or reseller and shall remit to the coordinator such	626
lesser amount, if any, as results from that invoice.	627

(2) A wireless service provider or reseller of wireless	628
service may retain as a billing and collection fee two per cent of	629
the total wireless 9-1-1 charges it collects in any month and	630
shall account to the coordinator for the amount retained.	631

(3) The coordinator shall return to, or credit against the	632
next month's remittance of, a wireless service provider or service	633
reseller the amount of any remittances the coordinator determines	634
were erroneously submitted by the provider or reseller.	635

(B)(1) Subject to division (B)(2) of this section:

636

(a) A seller of a prepaid wireless calling service that	637
collected prepaid wireless 9-1-1 charges under division (B)(3)(a)	638
of section 4931.61 of the Revised Code shall remit the full amount	639
of all such charges collected to the department of taxation in	640
accordance with section 4931.622 of the Revised Code. For purposes	641
of this division, a charge shall be deemed to have been collected	642
if it was itemized as required under division (B)(3)(a) of section	643
4931.61 of the Revised Code.	644

(b) A seller of a prepaid wireless calling service that	645
elected the option provided under division (B)(3)(b) of section	646
4931.61 of the Revised Code shall remit the full amount of all	647
wireless 9-1-1 charges due under division (B)(1) of that section	648
to the department of taxation in accordance with section 4931.622	649
of the Revised Code.	650

(2) A seller may retain as a collection fee three per cent of	651
the total wireless 9-1-1 charges described under either division	652
(B)(1)(a) or (b) of this section, and shall account to the	653
department for the amount retained.	654

(C)(1) Each subscriber on which a wireless 9-1-1 charge is	655
imposed under division (A) of section 4931.61 of the Revised Code	656
is liable to the state for the amount of the charge. If a wireless	657
service provider or reseller fails to collect the charge under	658
that division from a subscriber of prepaid wireless service, or	659
fails to bill any other subscriber for the charge imposed under	660
division (A) of section 4931.61 of the Revised Code, the wireless	661
service provider or reseller is liable to the state for the amount	662
not collected or billed. If a wireless service provider or	663
reseller collects charges under that division and fails to remit	664
the money to the coordinator, the wireless service provider or	665
reseller is liable to the state for any amount collected and not	666
remitted.	667

(C)(2) No provider of a prepaid wireless calling service	668
shall be liable to the state for any wireless 9-1-1 charge imposed	669
under division (B)(1) of section 4931.61 of the Revised Code that	670
was not collected or remitted.	671

(D)(1) If the public utilities commission has reason to	672
believe that a wireless service provider or reseller has failed to	673
bill, collect, or remit the wireless 9-1-1 charge as required by	674
divisions (A)(1) and (B)(C)(1) of this section or has retained	675
more than the amount authorized under division (A)(2) of this	676
section, and after written notice to the provider or reseller, the	677
commission may audit the provider or reseller for the sole purpose	678
of making such a determination. The audit may include, but is not	679
limited to, a sample of the provider's or reseller's billings,	680
collections, remittances, or retentions for a representative	681
period, and the commission shall make a good faith effort to reach	682
agreement with the provider or reseller in selecting that sample.	683

(2) Upon written notice to the wireless service provider or	684
reseller, the commission, by order after completion of the audit,	685
may make an assessment against the provider or reseller if,	686
pursuant to the audit, the commission determines that the provider	687
or reseller has failed to bill, collect, or remit the wireless	688
9-1-1 charge as required by divisions (A)(1) and (B)(C)(1) of this	689
section or has retained more than the amount authorized under	690
division (A)(2) of this section. The assessment shall be in the	691
amount of any remittance that was due and unpaid on the date	692
notice of the audit was sent by the commission to the provider or	693
reseller or, as applicable, in the amount of the excess amount	694
under division (A)(2) of this section retained by the provider or	695
reseller as of that date.	696

(3) The portion of any assessment not paid within sixty days	697
after the date of service by the commission of the assessment	698
notice under division (C)(D)(2) of this section shall bear	699
interest from that date until paid at the rate per annum	700
prescribed by section 5703.47 of the Revised Code. That interest	701
may be collected by making an assessment under division (C)(D)(2)	702
of this section. An assessment under this division and any	703
interest due shall be remitted in the same manner as the wireless	704
9-1-1 charge imposed under division (A) of section 4931.61 of the	705
Revised Code.	706

(4) An assessment is final and due and payable and shall be	707
remitted to the commission unless the assessed party petitions for	708
rehearing under section 4903.10 of the Revised Code. The	709
proceedings of the commission specified in division (C)(D)(4) of	710
this section are subject to and governed by Chapter 4903. of the	711
Revised Code, except that the court of appeals of Franklin county	712
has exclusive, original jurisdiction to review, modify, or vacate	713
an order of the commission under division (C)(D)(2) of this	714
section. The court shall hear and determine such appeal in the	715
same manner and under the same standards as the Ohio supreme court	716
hears and determines appeals under Chapter 4903. of the Revised	717
Code.	718

The judgment of the court of appeals is final and conclusive	719
unless reversed, vacated, or modified on appeal. Such an appeal	720
may be made by the commission or the person to whom the order	721
under division (C)(D)(2) of this section was issued and shall	722
proceed as in the case of appeals in civil actions as provided in	723
Chapter 2505. of the Revised Code.	724

(5) After an assessment becomes final, if any portion of the	725
assessment remains unpaid, including accrued interest, a certified	726
copy of the commission's entry making the assessment final may be	727
filed in the office of the clerk of the court of common pleas in	728
the county in which the place of business of the assessed party is	729
located. If the party maintains no place of business in this	730
state, the certified copy of the entry may be filed in the office	731
of the clerk of the court of common pleas of Franklin county.	732
Immediately upon the filing, the clerk shall enter a judgment for	733
the state against the assessed party in the amount shown on the	734
entry. The judgment may be filed by the clerk in a loose-leaf book	735
entitled "special judgments for wireless 9-1-1 charges" and shall	736
have the same effect as other judgments. The judgment shall be	737
executed upon the request of the commission.	738

(6) An assessment under this division does not discharge a	739
subscriber's liability to reimburse the provider or reseller for	740
the wireless 9-1-1 charge imposed under division (A) of section	741
4931.61 of the Revised Code. If, after the date of service of the	742
audit notice under division (C)(D)(1) of this section, a	743
subscriber pays a wireless 9-1-1 charge for the period covered by	744
the assessment, the payment shall be credited against the	745
assessment.	746

(7) All money collected by the commission under this division	747
shall be paid to the treasurer of state, for deposit to the credit	748
of the wireless 9-1-1 government assistance fund.	749

Sec. 4931.621.  (A) The department of taxation shall transfer	750
the total amount of remitted wireless 9-1-1 charges to the Ohio	751
9-1-1 coordinator, except for the amount authorized under division	752
(B) of this section, not later than thirty days after receipt of	753
the charges.	754

(B) The department may retain two per cent of remitted	755
wireless 9-1-1 charges as an administrative fee.	756

Sec. 4931.622.  (A) A seller of a prepaid wireless calling	757
service subject to the remittance requirement of either division	758
(B)(1)(a) or (b) of section 4931.62 of the Revised Code shall also	759
be subject to the provisions of Chapter 5739. of the Revised Code	760
regarding the excise tax on retail sales levied under section	761
5739.02 of the Revised Code, as those provisions apply to filing	762
returns, remittance, audits, assessments, appeals, enforcement,	763
liability, and penalties.	764

(B) The department of taxation shall establish procedures by	765
which a seller may document that a sale is not a retail sale of a	766
prepaid wireless calling service. The procedures shall	767
substantially coincide with similar procedures under Chapter 5739.	768
of the Revised Code.	769

Sec. 4931.63.  (A) There is hereby created the wireless 9-1-1	770
administrative fund in the state treasury. A sufficient	771
percentage, determined by the chairperson of the public utilities	772
commission but not to exceed two per cent, of the periodic	773
remittances and transfers of the wireless 9-1-1 chargecharges	774
under sectionsections 4931.62 and 4931.621 of the Revised Code	775
shall be deposited to the credit of the fund, to be used by the	776
commission to cover such nonpayroll costs and, at the discretion	777
of the commission such payroll costs, of the commission as are	778
incurred in assisting the coordinator in carrying out sections	779
4931.60 to 4931.704931.69 of the Revised Code and in conducting	780
audits under division (C)(D) of section 4931.62 of the Revised	781
Code. In addition, the compensation of the Ohio 9-1-1 coordinator,	782
and any expenses of the coordinator in carrying out those	783
sections, shall be paid from the fund.	784

(B) There is hereby created the wireless 9-1-1 government	785
assistance fund, which shall be in the custody of the treasurer of	786
state but shall not be part of the state treasury. The periodic	787
remittances and transfers of the wireless 9-1-1 chargecharges	788
remaining after the deposit required by division (A) of this	789
section shall be deposited to the credit of the wireless 9-1-1	790
government assistance fund. The treasurer of state shall deposit	791
or invest the moneys in this fund in accordance with Chapter 135.	792
of the Revised Code and any other provision of law governing	793
public moneys of the state as defined in section 135.01 of the	794
Revised Code. The treasurer of state shall credit the interest	795
earned to the fund. The treasurer of state shall disburse money	796
from the fund solely upon order of the coordinator as authorized	797
under section 4931.64 of the Revised Code. Annually, until the	798
fund is depleted, the treasurer of state shall certify to the	799
coordinator the amount of moneys in the treasurer of state's	800
custody belonging to the fund.	801

Sec. 4931.64. (A) Prior to the first disbursement under this	802
section and annually thereafter not later than the twenty-fifth	803
day of January, until the wireless 9-1-1 government assistance	804
fund is depleted, the Ohio 9-1-1 coordinator shall do both of the	805
following for the purposes of division (B) of this section:	806

(1) Determine, for a county that has adopted a final plan	807
under sections 4931.40 to 4931.704931.69 of the Revised Code for	808
the provision of wireless enhanced 9-1-1 within the territory	809
covered by the countywide 9-1-1 system established under the plan,	810
the number of wireless telephone numbers assigned to wireless	811
service subscribers that have billing addresses within the county.	812
That number shall be adjusted between any two counties so that the	813
number of wireless telephone numbers assigned to wireless service	814
subscribers who have billing addresses within any portion of a	815
municipal corporation that territorially lies primarily in one of	816
the two counties but extends into the other county is added to the	817
number already determined for that primary county and subtracted	818
for the other county.	819

(2) Determine each county's proportionate share of the	820
wireless 9-1-1 government assistance fund for the ensuing calendar	821
year on the basis set forth in division (B) of this section;	822
estimate the ensuing calendar year's fund balance; compute each	823
such county's estimated proceeds for the ensuing calendar year	824
based on its proportionate share and the estimated fund balance;	825
and certify such amount of proceeds to the county auditor of each	826
such county.	827

(B) The Ohio 9-1-1 coordinator, in accordance with this	828
division and not later than the last day of each month, shall	829
disburse the amount credited as remittances to the wireless 9-1-1	830
government assistance fund during the second preceding month, plus	831
any accrued interest on the fund. Such a disbursement shall be	832
paid to each county treasurer. The amount to be so disbursed	833
monthly to a particular county shall be a proportionate share of	834
the wireless 9-1-1 government assistance fund balance based on the	835
ratio between the following:	836

(1) The number of wireless telephone numbers determined for	837
the county by the coordinator pursuant to division (A) of this	838
section;	839

(2) The total number of wireless telephone numbers assigned	840
to subscribers who have billing addresses within this state. To	841
the extent that the fund balance permits, the disbursements to	842
each county shall total at least ninety thousand dollars annually.	843

(C)(1) Each county that has not adopted a final plan for the	844
provision of wireless enhanced 9-1-1 under sections 4931.40 to	845
4931.704931.69 of the Revised Code shall be deemed as having done	846
so for the purposes of making the determinations under divisions	847
(A)(1) and (2) of this section.	848

(2) For each county described in division (C)(1) of this	849
section, the coordinator shall retain in the wireless 9-1-1	850
government assistance fund an amount equal to what would otherwise	851
be paid as the county's disbursements under division (B) of this	852
section if it had adopted such a final plan, plus any related	853
accrued interest, to be set aside for that county. If the board of	854
county commissioners notifies the coordinator prior to January 1,	855
2010, that a final plan for the provision of wireless enhanced	856
9-1-1 has been adopted, the coordinator shall disburse and pay to	857
the county treasurer, not later than the last day of the month	858
following the month the notification is made, the total amount so	859
set aside for the county plus any related accrued interest. As of	860
January 1, 2010, any money and interest so retained and not	861
disbursed as authorized under this division shall be available for	862
disbursement only as provided in division (B) of this section.	863

(D) Immediately upon receipt by a county treasurer of a	864
disbursement under division (B) or (C) of this section, the county	865
shall disburse, in accordance with the allocation formula set	866
forth in the final plan, the amount the county so received to any	867
other subdivisions in the county that pay the costs of a public	868
safety answering point providing wireless enhanced 9-1-1 under the	869
plan.	870

(E) Nothing in sections 4931.40 to 4931.704931.69 of the	871
Revised Code affects the authority of a subdivision operating or	872
served by a public safety answering point of a 9-1-1 system to	873
use, as provided in the final plan for the system or in an	874
agreement under section 4931.48 of the Revised Code, any other	875
authorized revenue of the subdivision for the purposes of	876
providing basic or enhanced 9-1-1.	877

Sec. 4931.65.  Except as otherwise provided in section	878
4931.651 of the Revised Code:	879

(A) A countywide 9-1-1 system receiving a disbursement under	880
section 4931.64 of the Revised Code shall provide countywide	881
wireless enhanced 9-1-1 in accordance with sections 4931.40 to	882
4931.704931.69 of the Revised Code beginning as soon as	883
reasonably possible after receipt of the first disbursement or, if	884
that service is already implemented, shall continue to provide	885
such service. Except as provided in divisions (B) and (C) of this	886
section, a disbursement shall be used solely for the purpose of	887
paying either or both of the following:	888

(1) Any costs of designing, upgrading, purchasing, leasing,	889
programming, installing, testing, or maintaining the necessary	890
data, hardware, software, and trunking required for the public	891
safety answering point or points of the 9-1-1 system to provide	892
wireless enhanced 9-1-1, which costs are incurred before or on or	893
after May 6, 2005, and consist of such additional costs of the	894
9-1-1 system over and above any costs incurred to provide wireline	895
9-1-1 or to otherwise provide wireless enhanced 9-1-1. Annually,	896
up to twenty-five thousand dollars of the disbursements received	897
on or after January 1, 2009, may be applied to data, hardware, and	898
software that automatically alerts personnel receiving a 9-1-1	899
call that a person at the subscriber's address or telephone number	900
may have a mental or physical disability, of which that personnel	901
shall inform the appropriate emergency service provider. On or	902
after the provision of technical and operational standards	903
pursuant to division (D)(1) of section 4931.68 of the Revised	904
Code, a subdivision shall consider the standards before incurring	905
any costs described in this division.	906

(2) Any costs of training the staff of the public safety	907
answering point or points to provide wireless enhanced 9-1-1,	908
which costs are incurred before or on or after May 6, 2005.	909

(B) Beginning one year following the imposition of the	910
wireless 9-1-1 charge under division (A) of section 4931.61 of the	911
Revised Code, a subdivision that certifies to the Ohio 9-1-1	912
coordinator that it has paid the costs described in divisions	913
(A)(1) and (2) of this section and is providing countywide	914
wireless enhanced 9-1-1 may use disbursements received under	915
section 4931.64 of the Revised Code to pay any of its personnel	916
costs of one or more public safety answering points providing	917
countywide wireless enhanced 9-1-1.	918

(C) After receiving its April 2013, disbursement under	919
section 4931.64 of the Revised Code, a subdivision may use any	920
remaining balance of disbursements it received under that section	921
to pay any of its costs of providing countywide wireless 9-1-1,	922
including the personnel costs of one or more public safety	923
answering points providing that service.	924

(D) The costs described in divisions (A), (B), and (C) of	925
this section may include any such costs payable pursuant to an	926
agreement under division (J) of section 4931.41 of the Revised	927
Code.	928

Sec. 4931.66.  (A)(1) A telephone company, the state highway	929
patrol as described in division (J) of section 4931.41 of the	930
Revised Code, and each subdivision operating one or more public	931
safety answering points for a countywide system providing wireless	932
9-1-1, shall provide the Ohio 9-1-1 coordinator with such	933
information as the coordinator requests for the purposes of	934
carrying out the coordinator's duties under sections 4931.60 to	935
4931.704931.69 of the Revised Code, including, but not limited	936
to, duties regarding the collection of the wireless 9-1-1 charge	937
and regarding the provision of a report or recommendation under	938
section 4931.70 of the Revised Codecharges.	939

(2) A wireless service provider shall provide an official,	940
employee, agent, or representative of a subdivision operating a	941
public safety answering point, or of the state highway patrol as	942
described in division (J) of section 4931.41 of the Revised Code,	943
with such technical, service, and location information as the	944
official, employee, agent, or representative requests for the	945
purpose of providing wireless 9-1-1.	946

(3) A subdivision operating one or more public safety	947
answering points of a 9-1-1 system, and a telephone company, shall	948
provide to the Ohio 9-1-1 council such information as the council	949
requires for the purpose of carrying out its duties under division	950
(D) of section 4931.68 of the Revised Code.	951

(B)(1) Any information provided under division (A) of this	952
section that consists of trade secrets as defined in section	953
1333.61 of the Revised Code or of information regarding the	954
customers, revenues, expenses, or network information of a	955
telephone company shall be confidential and does not constitute a	956
public record for the purpose of section 149.43 of the Revised	957
Code.	958

(2) The public utilities commission, the Ohio 9-1-1	959
coordinator, and any official, employee, agent, or representative	960
of the commission, of the state highway patrol as described in	961
division (J) of section 4931.41 of the Revised Code, or of a	962
subdivision operating a public safety answering point, while	963
acting or claiming to act in the capacity of the commission or	964
coordinator or such official, employee, agent, or representative,	965
shall not disclose any information provided under division (A) of	966
this section regarding a telephone company's customers, revenues,	967
expenses, or network information. Nothing in division (B)(2) of	968
this section precludes any such information from being aggregated	969
and included in any report required under section 4931.70 or	970
division (D)(2) of section 4931.69 of the Revised Code, provided	971
the aggregated information does not identify the number of any	972
particular company's customers or the amount of its revenues or	973
expenses or identify a particular company as to any network	974
information.	975

Sec. 4931.67.  The public utilities commission, after	976
consultation with the Ohio 9-1-1 coordinator, shall adopt rules in	977
accordance with Chapter 119. of the Revised Code to carry out	978
sections 4931.60 to 4931.704931.69 of the Revised Code, including	979
rules prescribing the necessary accounting for a wireless service	980
provider's or reseller's billing and collection fee under division	981
(A)(2) of section 4931.62 of the Revised Code and rules	982
establishing a fair and reasonable process for recommending the	983
amount of the wireless 9-1-1 charge as authorized under division	984
(B) of section 4931.70 of the Revised Code. The amount of the	985
wireless 9-1-1 charge shall be prescribed only by act of the	986
general assembly.	987

Sec. 4931.69.  (A) There is hereby created the wireless 9-1-1	988
advisory board, consisting of the Ohio 9-1-1 council appointee	989
that represents public safety communications officials and five	990
members appointed by the governor as follows: one of the council	991
appointees that represents wireless service providers in this	992
state, whose council term expires after the council term of the	993
council appointee representing public safety communications	994
officials, one noncouncil representative of wireless service	995
providers in this state, one noncouncil representative of public	996
safety communications officials in this state, and two noncouncil	997
representatives of municipal and county governments in this state.	998

(B) The terms of the advisory board members who are also	999
council members shall be concurrent with their terms as members of	1000
the council, as prescribed under division (B) of section 4931.68	1001
of the Revised Code. The terms of the initial noncouncil appointee	1002
to the advisory board who represents wireless service providers	1003
and of one of the initial noncouncil appointees who represents	1004
municipal and county government shall expire on January 31, 2009.	1005
The terms of the initial noncouncil appointee to the advisory	1006
board representing public safety communications officials and of	1007
the other initial noncouncil appointee representing municipal and	1008
county government shall expire on January 31, 2010. Thereafter,	1009
terms of the noncouncil appointees shall be for three years, with	1010
each term ending on the same day of the same month as the term it	1011
succeeds. The conditions of holding office, manner of filling	1012
vacancies, and other matters concerning service by any member of	1013
the advisory board shall be the same as set forth for council	1014
members under division (B) of section 4931.68 of the Revised Code.	1015

(C) The Ohio 9-1-1 coordinator shall appoint the chairperson	1016
of the advisory board. Each member of the board shall be a voting	1017
member and shall have one vote in all deliberations of the board.	1018
A majority of the members constitutes a quorum.	1019

(D)(1) The advisory board shall make a recommendation to the	1020
coordinator regarding the amount of the wireless 9-1-1 charge to	1021
be included in the report required by division (B) of section	1022
4931.70 of the Revised Code and shall consult with the coordinator	1023
regarding that report.	1024

(2) The advisory board shall make recommendations to and	1025
consult with the public utilities commission and the coordinator	1026
regarding any rules to be adopted under section 4931.67 of the	1027
Revised Code.	1028

(E) The advisory board is not an agency, as defined in	1029
section 101.82 of the Revised Code, for purposes of sections	1030
101.82 to 101.87 of the Revised Code.	1031

Sec. 4931.99.  (A) Whoever violates division (D)(E) of	1032
section 4931.49 of the Revised Code is guilty of a misdemeanor of	1033
the fourth degree.	1034

(B) Whoever violates division (B) of section 4931.06 of the	1035
Revised Code is guilty of a misdemeanor in the first degree.	1036

(C) Whoever violates division (E)(F) or (F)(G) of section	1037
4931.49 or division (B)(2) of section 4931.66 of the Revised Code	1038
is guilty of a misdemeanor of the fourth degree on a first offense	1039
and a felony of the fifth degree on each subsequent offense.	1040

(D) Whoever violates section 4931.75 of the Revised Code is	1041
guilty of a minor misdemeanor for a first offense and a	1042
misdemeanor of the first degree on each subsequent offense.	1043

Section 2.  That existing sections 4927.03, 4927.15, 4931.40,	1044
4931.41, 4931.44, 4931.49, 4931.50, 4931.60, 4931.61, 4931.62,	1045
4931.63, 4931.64, 4931.65, 4931.66, 4931.67, 4931.69, and 4931.99	1046
and section 4931.70 of the Revised Code are hereby repealed.	1047