Section 1. That sections 167.03, 4927.03, 4927.15, 4931.40, | 10 |
4931.41, 4931.44, 4931.49, 4931.50, 4931.60, 4931.61, 4931.62, | 11 |
4931.63, 4931.64, 4931.65, 4931.66, 4931.67, 4931.69, and 4931.99 | 12 |
be 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) | 59 |
of section 4927.04 of the Revised Code and except to the extent | 60 |
required to exercise authority under federal law, the commission | 61 |
has no authority over any interconnected voice over internet | 62 |
protocol-enabled service or any telecommunications service that is | 63 |
not commercially available on the effective date of this section | 64 |
September 13, 2010, and that employs technology that became | 65 |
available for commercial use only after the effective date of this | 66 |
sectionSeptember 13, 2010, unless the commission, upon a finding | 67 |
that the exercise of the commission's authority is necessary for | 68 |
the protection, welfare, and safety of the public, adopts rules | 69 |
specifying the necessary regulation. A consumer purchase of a | 70 |
service that is not commercially available on the effective date | 71 |
of this sectionSeptember 13, 2010, and that employs technology | 72 |
that became available for commercial use only after the effective | 73 |
date of this sectionSeptember 13, 2010, shall constitute a | 74 |
consumer transaction for purposes of sections 1345.01 to 1345.13 | 75 |
of the Revised Code, notwithstanding any provision of those | 76 |
sections to the contrary, unless the commission exercises | 77 |
jurisdiction over the service in accordance with this division. | 78 |
Notwithstanding any contrary provision of Chapter 4911. of the | 79 |
Revised Code, to the extent that the commission adopts rules under | 80 |
division (A) of this section regarding any interconnected voice | 81 |
over internet protocol enabled service provided to residential | 82 |
customers or regarding any telecommunications service that is | 83 |
provided to residential customers, that is not commercially | 84 |
available on the effective date of this sectionSeptember 13, | 85 |
2010, and that employs technology that became available for | 86 |
commercial use only after the effective date of this section | 87 |
September 13, 2010, the office of the consumers' counsel shall | 88 |
have authority to assist and represent residential customers in | 89 |
the implementation and enforcement of those rules. | 90 |
(C) For purposes of sections 4927.01 to 4927.21 of the | 113 |
Revised Code, sections 4903.02, 4903.03, 4903.24, 4903.25, | 114 |
4905.04, 4905.05, 4905.06, 4905.13, 4905.15, 4905.16, 4905.17, | 115 |
4905.22, 4905.26, 4905.27, 4905.28, 4905.29, 4905.31, 4905.32, | 116 |
4905.33, 4905.35, 4905.37, 4905.38, 4905.39, 4905.48, 4905.54, | 117 |
4905.55, 4905.56, and 4905.60 of the Revised Code do not apply to | 118 |
a telephone company or, as applicable, to an officer, employee, or | 119 |
agent of such company or provider, except to the extent necessary | 120 |
for the commission to carry out sections 4927.01 to 4927.21 of the | 121 |
Revised Code. | 122 |
(E) The commission shall initially adopt the rules required | 128 |
by this chapter not later than one hundred twenty days after the | 129 |
effective date of this sectionSeptember 13, 2010. Subject to the | 130 |
authority granted to the commission under this chapter, the | 131 |
commission may adopt other rules, including rules regarding the | 132 |
removal from tariffs of services that were required to be filed in | 133 |
tariffs prior to the effective date of this sectionSeptember 13, | 134 |
2010, as it finds necessary to carry out this chapter. | 135 |
Sec. 4927.15. (A) The rates, terms, and conditions for 9-1-1 | 136 |
service provided in this state by a telephone company or a | 137 |
telecommunications carrier and each of the following provided in | 138 |
this state by a telephone company shall be approved and tariffed | 139 |
in the manner prescribed by rule adopted by the public utilities | 140 |
commission and shall be subject to the applicable laws, including | 141 |
rules or regulations adopted and orders issued by the commission | 142 |
or the federal communications commission and, including, as to | 143 |
9-1-1 service, sections 4931.40 to 4931.704931.69 and 4931.99 of | 144 |
the Revised Code: | 145 |
(B) The public utilities commission may order changes in a | 153 |
telephone company's rates for carrier access in this state subject | 154 |
to this division. In the event that the public utilities | 155 |
commission reduces a telephone company's rates for carrier access | 156 |
that are in effect on the effective date of this sectionSeptember | 157 |
13, 2010, that reduction shall be on a revenue-neutral basis under | 158 |
terms and conditions established by the public utilities | 159 |
commission, and any resulting rate changes necessary to comply | 160 |
with division (B) or (C) of this section shall be in addition to | 161 |
any upward rate alteration made under section 4927.12 of the | 162 |
Revised Code. | 163 |
(F)(1) "Wireless service" means federally licensed commercial | 191 |
mobile service as defined in 47 U.S.C. 332(d) and further defined | 192 |
as commercial mobile radio service in 47 C.F.R. 20.3, and includes | 193 |
service provided by any wireless, two-way communications device, | 194 |
including a radio-telephone communications line used in cellular | 195 |
telephone service or personal communications service, a network | 196 |
radio access line, or any functional or competitive equivalent of | 197 |
such a radio-telephone communications or network radio access | 198 |
line. | 199 |
(M) "Subdivision" means a county, municipal corporation, | 224 |
township, township fire district, joint fire district, township | 225 |
police district, joint police district, joint ambulance district, | 226 |
or joint emergency medical services district that provides | 227 |
emergency service within its territory, or that contracts with | 228 |
another municipal corporation, township, or district or with a | 229 |
private entity to provide such service; and a state college or | 230 |
university, port authority, or park district of any kind that | 231 |
employs law enforcement officers that act as the primary police | 232 |
force on the grounds of the college or university or port | 233 |
authority or in the parks operated by the district. | 234 |
(W) "Telephone company" means a company engaged in the | 271 |
business of providing local exchange telephone service by making | 272 |
available or furnishing access and a dial tone to persons within a | 273 |
local calling area for use in originating and receiving voice | 274 |
grade communications over a switched network operated by the | 275 |
provider of the service within the area and gaining access to | 276 |
other telecommunications services. "Telephone company" includes a | 277 |
wireline service provider and a wireless service provider unless | 278 |
otherwise expressly specified. For purposes of sections 4931.52 | 279 |
and 4931.53 of the Revised Code, "telephone company" means a | 280 |
wireline service provider. | 281 |
(2) The system shall exclude any territory served by a | 295 |
wireline service provider that is not capable of reasonably | 296 |
meeting the technical and economic requirements of providing the | 297 |
wireline telephone network portion of the countywide system for | 298 |
that territory. The system shall exclude from enhanced 9-1-1 any | 299 |
territory served by a wireline service provider that is not | 300 |
capable of reasonably meeting the technical and economic | 301 |
requirements of providing the wireline telephone network portion | 302 |
of enhanced 9-1-1 for that territory. If a 9-1-1 planning | 303 |
committee and a wireline service provider do not agree on whether | 304 |
the provider is so capable, the committee shall notify the public | 305 |
utilities commission, and the commission shall determine whether | 306 |
the wireline service provider is so capable. The committee shall | 307 |
ascertain whether such disagreement exists before making its | 308 |
implementation proposal under division (A) of section 4931.43 of | 309 |
the Revised Code. The commission's determination shall be in the | 310 |
form of an order. No final plan shall require a wireline service | 311 |
provider to provide the wireline telephone network portion of a | 312 |
9-1-1 system that the commission has determined the provider is | 313 |
not reasonably capable of providing. | 314 |
(2) A subdivision or a regional council of governments that | 324 |
operates a public safety answering point shall pay all of the | 325 |
costs associated with establishing, equipping, furnishing, | 326 |
operating, and maintaining that facility and shall allocate those | 327 |
costs among itself and the subdivisions served by the answering | 328 |
point based on the allocation formula in a final plan. The | 329 |
wireline service provider or other entity that provides or | 330 |
maintains the customer premises equipment shall bill the operating | 331 |
subdivision or the operating regional council of governments for | 332 |
the cost of providing such equipment, or its maintenance. A | 333 |
wireless service provider and a subdivision or regional council of | 334 |
governments operating a public safety answering point may enter | 335 |
into a service agreement for providing wireless enhanced 9-1-1 | 336 |
pursuant to a final plan adopted under sections 4931.40 to 4931.70 | 337 |
4931.69 of the Revised Code. | 338 |
(F) Notwithstanding any other provision of law, the purchase | 346 |
or other acquisition, installation, and maintenance of the | 347 |
telephone network for a 9-1-1 system and the purchase or other | 348 |
acquisition, installation, and maintenance of customer premises | 349 |
equipment at a public safety answering point made in compliance | 350 |
with a final plan or an agreement under section 4931.48 of the | 351 |
Revised Code, including customer premises equipment used to | 352 |
provide wireless enhanced 9-1-1, are not subject to any | 353 |
requirement of competitive bidding. | 354 |
(H) Whenever a final plan provides for the implementation of | 358 |
basic 9-1-1, the planning committee shall so notify the public | 359 |
utilities commission, which shall determine whether the wireline | 360 |
service providers serving the territory covered by the plan are | 361 |
capable of reasonably meeting the technical and economic | 362 |
requirements of providing the wireline telephone network portion | 363 |
of an enhanced 9-1-1 system. The determination shall be made | 364 |
solely for purposes of division (C)(2) of section 4931.47 of the | 365 |
Revised Code. | 366 |
(J) A final plan adopted under sections 4931.40 to 4931.70 | 371 |
4931.69 of the Revised Code, or an agreement under section 4931.48 | 372 |
of the Revised Code, may provide that, by further agreement | 373 |
included in the plan or agreement, the state highway patrol or one | 374 |
or more public safety answering points of another 9-1-1 system is | 375 |
the public safety answering point or points for the provision of | 376 |
wireline or wireless 9-1-1 for all or part of the territory of the | 377 |
9-1-1 system established under the plan or agreement. In that | 378 |
event, the subdivision for which the wireline or wireless 9-1-1 is | 379 |
provided as named in the agreement shall be deemed the subdivision | 380 |
operating the public safety answering point or points for purposes | 381 |
of sections 4931.40 to 4931.704931.69 of the Revised Code, except | 382 |
that, for the purpose of division (D)(2) of this section, that | 383 |
subdivision shall pay only so much of the costs of establishing, | 384 |
equipping, furnishing, operating, or maintaining any such public | 385 |
safety answering point as are specified in the agreement with the | 386 |
patrol or other system. | 387 |
(K) A final plan for the provision of wireless enhanced 9-1-1 | 388 |
shall provide that any wireless 9-1-1 calls routed to a state | 389 |
highway patrol-operated public safety answering point by default, | 390 |
due to a wireless service provider so routing all such calls of | 391 |
its subscribers without prior permission, are instead to be routed | 392 |
as provided under the plan. Upon the implementation of countywide | 393 |
wireless enhanced 9-1-1 pursuant to a final plan, the state | 394 |
highway patrol shall cease any functioning as a public safety | 395 |
answering point providing wireless 9-1-1 within the territory | 396 |
covered by the countywide 9-1-1 system so established, unless the | 397 |
patrol functions as a public safety answering point providing | 398 |
wireless enhanced 9-1-1 pursuant to an agreement included in the | 399 |
plan as authorized under division (J) of this section. | 400 |
Sec. 4931.44. (A) Within sixty days after receipt of the | 401 |
final plan pursuant to division (C) of section 4931.43 of the | 402 |
Revised Code, the board of county commissioners of the county and | 403 |
the legislative authority of each municipal corporation in the | 404 |
county and of each township whose territory is proposed to be | 405 |
included in a countywide 9-1-1 system shall act by resolution to | 406 |
approve or disapprove the plan, except that, with respect to a | 407 |
final plan that provides for funding of the 9-1-1 system in part | 408 |
through charges imposed under section 4931.51 of the Revised Code, | 409 |
the board of county commissioners shall not act by resolution to | 410 |
approve or disapprove the plan until after a resolution adopted | 411 |
under section 4931.51 of the Revised Code has become effective as | 412 |
provided in division (D) of that section. A municipal corporation | 413 |
or township whose territory is proposed to be included in the | 414 |
system includes any municipal corporation or township in which a | 415 |
part of its territory is excluded pursuant to division (A)(2) of | 416 |
section 4931.41 of the Revised Code. Each such authority | 417 |
immediately shall notify the board of county commissioners in | 418 |
writing of its approval or disapproval of the final plan. Failure | 419 |
by a board or legislative authority to notify the board of county | 420 |
commissioners of approval or disapproval within such sixty-day | 421 |
period shall be deemed disapproval by the board or authority. | 422 |
Sec. 4931.49. (A)(1) The state, the state highway patrol, a | 445 |
subdivision, or a regional council of governments participating in | 446 |
a 9-1-1 system established under sections 4931.40 to 4931.70 | 447 |
4931.69 of the Revised Code and any officer, agent, employee, or | 448 |
independent contractor of the state, the state highway patrol, or | 449 |
such a participating subdivision or regional council of | 450 |
governments is not liable in damages in a civil action for | 451 |
injuries, death, or loss to persons or property arising from any | 452 |
act or omission, except willful or wanton misconduct, in | 453 |
connection with developing, adopting, or approving any final plan | 454 |
or any agreement made under section 4931.48 of the Revised Code or | 455 |
otherwise bringing into operation the 9-1-1 system pursuant to | 456 |
sections 4931.40 to 4931.704931.69 of the Revised Code. | 457 |
(2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory | 458 |
board, and any member of that council or board are not liable in | 459 |
damages in a civil action for injuries, death, or loss to persons | 460 |
or property arising from any act or omission, except willful or | 461 |
wanton misconduct, in connection with the development or operation | 462 |
of a 9-1-1 system established under sections 4931.40 to 4931.70 | 463 |
4931.69 of the Revised Code. | 464 |
(B) Except as otherwise provided in section 4765.49 of the | 465 |
Revised Code, an individual who gives emergency instructions | 466 |
through a 9-1-1 system established under sections 4931.40 to | 467 |
4931.704931.69 of the Revised Code, and the principals for whom | 468 |
the person acts, including both employers and independent | 469 |
contractors, public and private, and an individual who follows | 470 |
emergency instructions and the principals for whom that person | 471 |
acts, including both employers and independent contractors, public | 472 |
and private, are not liable in damages in a civil action for | 473 |
injuries, death, or loss to persons or property arising from the | 474 |
issuance or following of emergency instructions, except where the | 475 |
issuance or following of the instructions constitutes willful or | 476 |
wanton misconduct. | 477 |
(C) Except for willful or wanton misconduct, a telephone | 478 |
company, and any other installer, maintainer, or provider, through | 479 |
the sale or otherwise, of customer premises equipment, and their | 480 |
respective officers, directors, employees, agents, and suppliers | 481 |
are not liable in damages in a civil action for injuries, death, | 482 |
or loss to persons or property incurred by any person resulting | 483 |
from any of the following: | 484 |
(1) Such an entity's or its officers', directors', | 485 |
employees', agents', or suppliers' participation in or acts or | 486 |
omissions in connection with participating in or developing, | 487 |
maintaining, or operating a 9-1-1 system, whether that system is | 488 |
established pursuant to sections 4931.40 to 4931.704931.69 of the | 489 |
Revised Code or otherwise in accordance with schedules regarding | 490 |
9-1-1 systems filed with the public utilities commission pursuant | 491 |
to section 4905.30 of the Revised Code by a telephone company that | 492 |
is a wireline service provider; | 493 |
(D) Except for willful or wanton misconduct, a provider of | 498 |
and a seller of a prepaid wireless calling service and their | 499 |
respective officers, directors, employees, agents, and suppliers | 500 |
are not liable in damages in a civil action for injuries, death, | 501 |
or loss to persons or property incurred by any person resulting | 502 |
from anything described in division (C) of this section. | 503 |
(5) In the circumstance of access to a data base given by a | 531 |
telephone company that is a wireline service provider to a state | 532 |
and local government in warning of a public emergency, as | 533 |
determined by the public utilities commission. The charge, terms, | 534 |
and conditions for the disclosure or use of that information for | 535 |
the purpose of access to a data base is subject to the | 536 |
jurisdiction of the public utilities commission. | 537 |
Sec. 4931.50. (A) The attorney general, upon request of the | 538 |
public utilities commission or on the attorney general's own | 539 |
initiative, shall begin proceedings against a telephone company | 540 |
that is a wireline service provider to enforce compliance with | 541 |
sections 4931.40 to 4931.704931.69 of the Revised Code or with | 542 |
the terms, conditions, requirements, or specifications of a final | 543 |
plan or of an agreement under section 4931.48 of the Revised Code | 544 |
as to wireline or wireless 9-1-1. | 545 |
(B) The attorney general, upon the attorney general's own | 546 |
initiative, or any prosecutor, upon the prosecutor's initiative, | 547 |
shall begin proceedings against a subdivision or a regional | 548 |
council of governments as to wireline or wireless 9-1-1 to enforce | 549 |
compliance with sections 4931.40 to 4931.704931.69 of the Revised | 550 |
Code or with the terms, conditions, requirements, or | 551 |
specifications of a final plan or of an agreement under section | 552 |
4931.48 of the Revised Code as to wireline or wireless 9-1-1. | 553 |
Sec. 4931.60. There is hereby created within the public | 554 |
utilities commission the 9-1-1 service program, headed by an Ohio | 555 |
9-1-1 coordinator in the unclassified civil service pursuant to | 556 |
division (A)(9) of section 124.11 of the Revised Code. The | 557 |
coordinator shall be appointed by and serve at the pleasure of the | 558 |
commission chairperson and shall report directly to the | 559 |
chairperson. Upon the effective date of this sectionOn May 6, | 560 |
2005, the chairperson shall appoint an interim coordinator and, | 561 |
upon submission of a list of nominees by the Ohio 9-1-1 council | 562 |
pursuant to section 4931.69 of the Revised Code, shall consider | 563 |
those nominees in making the final appointment and in appointing | 564 |
any subsequent coordinator. The chairperson may request the | 565 |
council to submit additional nominees and may reject any of the | 566 |
nominees. The chairperson shall fix the compensation of the | 567 |
coordinator. The chairperson shall evaluate the performance of the | 568 |
coordinator after considering the evaluation and recommendations | 569 |
of the council under section 4931.68 of the Revised Code. | 570 |
The Ohio 9-1-1 coordinator shall administer the wireless | 571 |
9-1-1 government assistance fund as specified in sections 4931.63 | 572 |
and 4931.64 of the Revised Code and otherwise carry out the | 573 |
coordinator's duties under sections 4931.60 to 4931.704931.69 of | 574 |
the Revised Code. The chairperson may establish additional duties | 575 |
of the coordinator based on a list of recommended duties submitted | 576 |
by the Ohio 9-1-1 council pursuant to section 4931.68 of the | 577 |
Revised Code. The chairperson may assign one or more commission | 578 |
employees to assist the coordinator in carrying out the | 579 |
coordinator's duties. | 580 |
Sec. 4931.61. (A) Beginning on the first day of the third | 581 |
month following May 6, 2005, and ending December 31, 2012, there | 582 |
is hereby imposed, on each wireless telephone number of a wireless | 583 |
service subscriber who has a billing address in this state, except | 584 |
prepaid wireless telephone numbers, a wireless 9-1-1 charge of | 585 |
twenty-eight cents per month. The subscriber shall pay the | 586 |
wireless 9-1-1 charge for each such wireless telephone number | 587 |
assigned to the subscriber. Each wireless service provider and | 588 |
each reseller of wireless service shall collect the wireless 9-1-1 | 589 |
charge as a specific line item on each subscriber's monthly bill. | 590 |
The line item shall be expressly designated "State/Local | 591 |
Wireless-E911 Costs ($0.28/billed number)." If a provider bills a | 592 |
subscriber for any wireless enhanced 9-1-1 costs that the provider | 593 |
may incur, the charge or amount is not to appear in the same line | 594 |
item as the state/local line item. If the charge or amount is to | 595 |
appear in its own, separate line item on the bill, the charge or | 596 |
amount shall be expressly designated "[Name of Provider] Federal | 597 |
Wireless-E911 Costs." For any subscriber of prepaid wireless | 598 |
service, a wireless service provider or reseller shall collect the | 599 |
wireless 9-1-1 charge in any of the following manners: | 600 |
(2) For purposes of division (B)(1) of this section, a retail | 621 |
sale occurs in this state if it is effected by the consumer | 622 |
appearing in person at a seller's business location in this state, | 623 |
or if the sale is sourced to this state under division (E)(3) of | 624 |
section 5739.034 of the Revised Code, except that under that | 625 |
division, in lieu of sourcing a sale under division (C)(5) of | 626 |
section 5739.033 of the Revised Code, the seller, rather than the | 627 |
service provider, may elect to source the sale to the location | 628 |
associated with the mobile telephone number. | 629 |
Sec. 4931.62. (A)(1) Beginning with the second month | 663 |
following the month in which the wireless 9-1-1 charge is first | 664 |
imposed under division (A) of section 4931.61 of the Revised Code, | 665 |
a wireless service provider or reseller of wireless service, not | 666 |
later than the last day of each month, shall remit the full amount | 667 |
of all such wireless 9-1-1 charges it collected for the second | 668 |
preceding calendar month to the Ohio 9-1-1 coordinator, with the | 669 |
exception of charges equivalent to the amount authorized as a | 670 |
billing and collection fee under division (A)(2) of this section. | 671 |
In doing so, the provider or reseller may remit the requisite | 672 |
amount in any reasonable manner consistent with its existing | 673 |
operating or technological capabilities, such as by customer | 674 |
address, location associated with the wireless telephone number, | 675 |
or another allocation method based on comparable, relevant data. | 676 |
If the wireless service provider or reseller receives a partial | 677 |
payment for a bill from a wireless service subscriber, the | 678 |
wireless service provider or reseller shall apply the payment | 679 |
first against the amount the subscriber owes the wireless service | 680 |
provider or reseller and shall remit to the coordinator such | 681 |
lesser amount, if any, as results from that invoice. | 682 |
(B)(1) Subject to division (B)(2) of this section, each | 691 |
seller of a prepaid wireless calling service required to collect | 692 |
prepaid wireless 9-1-1 charges under division (B) of section | 693 |
4931.61 of the Revised Code shall, on or before the twenty-third | 694 |
day of each month, except as provided in divisions (B)(2)(b), (c), | 695 |
and (d) of this section, do both of the following:
| 696 |
(2)(a) The return required under division (B)(1)(a) of this | 701 |
section shall be filed electronically using the Ohio business | 702 |
gateway, as defined in section 718.051 of the Revised Code, the | 703 |
Ohio telefile system, or any other electronic means prescribed by | 704 |
the tax commissioner. Payment of the amount due shall be made | 705 |
electronically in a manner approved by the commissioner. A seller | 706 |
may apply to the commissioner on a form prescribed by the | 707 |
commissioner to be excused from either electronic requirement of | 708 |
this division. For good cause shown, the commissioner may excuse | 709 |
the seller from either or both of the requirements and may permit | 710 |
the seller to file returns or make payments by nonelectronic | 711 |
means. | 712 |
(C)(1) Each subscriber on which a wireless 9-1-1 charge is | 732 |
imposed under division (A) of section 4931.61 of the Revised Code | 733 |
is liable to the state for the amount of the charge. If a wireless | 734 |
service provider or reseller fails to collect the charge under | 735 |
that division from a subscriber of prepaid wireless service, or | 736 |
fails to bill any other subscriber for the charge imposed under | 737 |
division (A) of section 4931.61 of the Revised Code, the wireless | 738 |
service provider or reseller is liable to the state for the amount | 739 |
not collected or billed. If a wireless service provider or | 740 |
reseller collects charges under that division and fails to remit | 741 |
the money to the coordinator, the wireless service provider or | 742 |
reseller is liable to the state for any amount collected and not | 743 |
remitted. | 744 |
(D)(1) If the public utilities commission has reason to | 749 |
believe that a wireless service provider or reseller has failed to | 750 |
bill, collect, or remit the wireless 9-1-1 charge as required by | 751 |
divisions (A)(1) and (B)(C)(1) of this section or has retained | 752 |
more than the amount authorized under division (A)(2) of this | 753 |
section, and after written notice to the provider or reseller, the | 754 |
commission may audit the provider or reseller for the sole purpose | 755 |
of making such a determination. The audit may include, but is not | 756 |
limited to, a sample of the provider's or reseller's billings, | 757 |
collections, remittances, or retentions for a representative | 758 |
period, and the commission shall make a good faith effort to reach | 759 |
agreement with the provider or reseller in selecting that sample. | 760 |
(2) Upon written notice to the wireless service provider or | 761 |
reseller, the commission, by order after completion of the audit, | 762 |
may make an assessment against the provider or reseller if, | 763 |
pursuant to the audit, the commission determines that the provider | 764 |
or reseller has failed to bill, collect, or remit the wireless | 765 |
9-1-1 charge as required by divisions (A)(1) and (B)(C)(1) of this | 766 |
section or has retained more than the amount authorized under | 767 |
division (A)(2) of this section. The assessment shall be in the | 768 |
amount of any remittance that was due and unpaid on the date | 769 |
notice of the audit was sent by the commission to the provider or | 770 |
reseller or, as applicable, in the amount of the excess amount | 771 |
under division (A)(2) of this section retained by the provider or | 772 |
reseller as of that date. | 773 |
(3) The portion of any assessment not paid within sixty days | 774 |
after the date of service by the commission of the assessment | 775 |
notice under division (C)(D)(2) of this section shall bear | 776 |
interest from that date until paid at the rate per annum | 777 |
prescribed by section 5703.47 of the Revised Code. That interest | 778 |
may be collected by making an assessment under division (C)(D)(2) | 779 |
of this section. An assessment under this division and any | 780 |
interest due shall be remitted in the same manner as the wireless | 781 |
9-1-1 charge imposed under division (A) of section 4931.61 of the | 782 |
Revised Code. | 783 |
(4) An assessment is final and due and payable and shall be | 784 |
remitted to the commission unless the assessed party petitions for | 785 |
rehearing under section 4903.10 of the Revised Code. The | 786 |
proceedings of the commission specified in division (C)(D)(4) of | 787 |
this section are subject to and governed by Chapter 4903. of the | 788 |
Revised Code, except that the court of appeals of Franklin county | 789 |
has exclusive, original jurisdiction to review, modify, or vacate | 790 |
an order of the commission under division (C)(D)(2) of this | 791 |
section. The court shall hear and determine such appeal in the | 792 |
same manner and under the same standards as the Ohio supreme court | 793 |
hears and determines appeals under Chapter 4903. of the Revised | 794 |
Code. | 795 |
(5) After an assessment becomes final, if any portion of the | 802 |
assessment remains unpaid, including accrued interest, a certified | 803 |
copy of the commission's entry making the assessment final may be | 804 |
filed in the office of the clerk of the court of common pleas in | 805 |
the county in which the place of business of the assessed party is | 806 |
located. If the party maintains no place of business in this | 807 |
state, the certified copy of the entry may be filed in the office | 808 |
of the clerk of the court of common pleas of Franklin county. | 809 |
Immediately upon the filing, the clerk shall enter a judgment for | 810 |
the state against the assessed party in the amount shown on the | 811 |
entry. The judgment may be filed by the clerk in a loose-leaf book | 812 |
entitled "special judgments for wireless 9-1-1 charges" and shall | 813 |
have the same effect as other judgments. The judgment shall be | 814 |
executed upon the request of the commission. | 815 |
(6) An assessment under this division does not discharge a | 816 |
subscriber's liability to reimburse the provider or reseller for | 817 |
the wireless 9-1-1 charge imposed under division (A) of section | 818 |
4931.61 of the Revised Code. If, after the date of service of the | 819 |
audit notice under division (C)(D)(1) of this section, a | 820 |
subscriber pays a wireless 9-1-1 charge for the period covered by | 821 |
the assessment, the payment shall be credited against the | 822 |
assessment. | 823 |
Sec. 4931.621. (A) The department of taxation shall, within | 828 |
forty-five days after the end of each month, transfer one per cent | 829 |
of the remitted wireless 9-1-1 charges imposed under division | 830 |
(B)(1) of section 4931.61 of the Revised Code to the credit of the | 831 |
prepaid wireless 9-1-1 administrative fund, which is hereby | 832 |
created in the state treasury. This fund shall be used by the | 833 |
department of taxation to defray the costs incurred in carrying | 834 |
out sections 4931.61 to 4931.622 of the Revised Code. | 835 |
(B) The department shall, within forty-five days after the | 836 |
end of each month, transfer the amount remaining after the deposit | 837 |
required by division (A) of this section to the credit of the | 838 |
wireless 9-1-1 government assistance fund, created in section | 839 |
4931.63 of the Revised Code. Immediately upon completion of this | 840 |
transfer, the department shall certify to the Ohio 9-1-1 | 841 |
coordinator the amount transferred under this division. | 842 |
Sec. 4931.622. (A) Each seller of a prepaid wireless calling | 843 |
service required to collect prepaid wireless 9-1-1 charges under | 844 |
division (B) of section 4931.61 of the Revised Code shall also be | 845 |
subject to the provisions of Chapter 5739. of the Revised Code | 846 |
regarding the excise tax on retail sales levied under section | 847 |
5739.02 of the Revised Code, as those provisions apply to audits, | 848 |
assessments, appeals, enforcement, liability, and penalties. | 849 |
Sec. 4931.63. (A) There is hereby created the wireless 9-1-1 | 855 |
administrative fund in the state treasury. A sufficient | 856 |
percentage, determined by the chairperson of the public utilities | 857 |
commission but not to exceed two per cent, of the periodic | 858 |
remittances of the wireless 9-1-1 charge under
division (A) of | 859 |
section 4931.62 of the Revised Code shall be deposited to the | 860 |
credit of the fund, to. The fund shall be used by the commission | 861 |
to cover such nonpayroll costs and, at the discretion of the | 862 |
commission such payroll costs, of the commission as are incurred | 863 |
in assisting the coordinator in carrying out sections 4931.60 to | 864 |
4931.704931.69 of the Revised Code and in conducting audits under | 865 |
division (C)(D) of section 4931.62 of the Revised Code. In | 866 |
addition, the compensation of the Ohio 9-1-1 coordinator, and any | 867 |
expenses of the coordinator in carrying out those sections, shall | 868 |
be paid from the fund. | 869 |
(B) There is hereby created the wireless 9-1-1 government | 870 |
assistance fund, which shall be in the custody of the treasurer of | 871 |
state but shall not be part of the state treasury. The periodic | 872 |
remittances of the wireless 9-1-1 charge under division (A) of | 873 |
section 4931.62 of the Revised Code, remaining after the deposit | 874 |
required by division (A) of this section, shall be deposited to | 875 |
the credit of the wireless 9-1-1 government assistance fund. The | 876 |
treasurer of state shall deposit or invest the moneys in this fund | 877 |
in accordance with Chapter 135. of the Revised Code and any other | 878 |
provision of law governing public moneys of the state as defined | 879 |
in section 135.01 of the Revised Code. The treasurer of state | 880 |
shall credit the interest earned to the fund. The treasurer of | 881 |
state shall disburse money from the fund solely upon order of the | 882 |
coordinator as authorized under section 4931.64 of the Revised | 883 |
Code. Annually, until the fund is depleted, the treasurer of state | 884 |
shall certify to the coordinator the amount of moneys in the | 885 |
treasurer of state's custody belonging to the fund. | 886 |
(1) Determine, for a county that has adopted a final plan | 892 |
under sections 4931.40 to 4931.704931.69 of the Revised Code for | 893 |
the provision of wireless enhanced 9-1-1 within the territory | 894 |
covered by the countywide 9-1-1 system established under the plan, | 895 |
the number of wireless telephone numbers assigned to wireless | 896 |
service subscribers that have billing addresses within the county. | 897 |
That number shall be adjusted between any two counties so that the | 898 |
number of wireless telephone numbers assigned to wireless service | 899 |
subscribers who have billing addresses within any portion of a | 900 |
municipal corporation that territorially lies primarily in one of | 901 |
the two counties but extends into the other county is added to the | 902 |
number already determined for that primary county and subtracted | 903 |
for the other county. | 904 |
(B) The Ohio 9-1-1 coordinator, in accordance with this | 913 |
division and not later than the last day of each month, shall | 914 |
disburse the amount credited as remittances to the wireless 9-1-1 | 915 |
government assistance fund during the second preceding month, plus | 916 |
any accrued interest on the fund. Such a disbursement shall be | 917 |
paid to each county treasurer. The amount to be so disbursed | 918 |
monthly to a particular county shall be a proportionate share of | 919 |
the wireless 9-1-1 government assistance fund balance based on the | 920 |
ratio between the following: | 921 |
(2) For each county described in division (C)(1) of this | 934 |
section, the coordinator shall retain in the wireless 9-1-1 | 935 |
government assistance fund an amount equal to what would otherwise | 936 |
be paid as the county's disbursements under division (B) of this | 937 |
section if it had adopted such a final plan, plus any related | 938 |
accrued interest, to be set aside for that county. If the board of | 939 |
county commissioners notifies the coordinator prior to January 1, | 940 |
2010, that a final plan for the provision of wireless enhanced | 941 |
9-1-1 has been adopted, the coordinator shall disburse and pay to | 942 |
the county treasurer, not later than the last day of the month | 943 |
following the month the notification is made, the total amount so | 944 |
set aside for the county plus any related accrued interest. As of | 945 |
January 1, 2010, any money and interest so retained and not | 946 |
disbursed as authorized under this division shall be available for | 947 |
disbursement only as provided in division (B) of this section. | 948 |
(D) Immediately upon receipt by a county treasurer of a | 949 |
disbursement under division (B) or (C) of this section, the county | 950 |
shall disburse, in accordance with the allocation formula set | 951 |
forth in the final plan, the amount the county so received to any | 952 |
other subdivisions in the county and any regional councils of | 953 |
governments in the county that pay the costs of a public safety | 954 |
answering point providing wireless enhanced 9-1-1 under the plan. | 955 |
(E) Nothing in sections 4931.40 to 4931.704931.69 of the | 956 |
Revised Code affects the authority of a subdivision operating or | 957 |
served by a public safety answering point of a 9-1-1 system or a | 958 |
regional council of governments operating a public safety | 959 |
answering point of a 9-1-1 system to use, as provided in the final | 960 |
plan for the system or in an agreement under section 4931.48 of | 961 |
the Revised Code, any other authorized revenue of the subdivision | 962 |
or the regional council of governments for the purposes of | 963 |
providing basic or enhanced 9-1-1. | 964 |
(A) A countywide 9-1-1 system receiving a disbursement under | 967 |
section 4931.64 of the Revised Code shall provide countywide | 968 |
wireless enhanced 9-1-1 in accordance with sections 4931.40 to | 969 |
4931.704931.69 of the Revised Code beginning as soon as | 970 |
reasonably possible after receipt of the first disbursement or, if | 971 |
that service is already implemented, shall continue to provide | 972 |
such service. Except as provided in divisions (B) and (C) of this | 973 |
section, a disbursement shall be used solely for the purpose of | 974 |
paying either or both of the following: | 975 |
(1) Any costs of designing, upgrading, purchasing, leasing, | 976 |
programming, installing, testing, or maintaining the necessary | 977 |
data, hardware, software, and trunking required for the public | 978 |
safety answering point or points of the 9-1-1 system to provide | 979 |
wireless enhanced 9-1-1, which costs are incurred before or on or | 980 |
after May 6, 2005, and consist of such additional costs of the | 981 |
9-1-1 system over and above any costs incurred to provide wireline | 982 |
9-1-1 or to otherwise provide wireless enhanced 9-1-1. Annually, | 983 |
up to twenty-five thousand dollars of the disbursements received | 984 |
on or after January 1, 2009, may be applied to data, hardware, and | 985 |
software that automatically alerts personnel receiving a 9-1-1 | 986 |
call that a person at the subscriber's address or telephone number | 987 |
may have a mental or physical disability, of which that personnel | 988 |
shall inform the appropriate emergency service provider. On or | 989 |
after the provision of technical and operational standards | 990 |
pursuant to division (D)(1) of section 4931.68 of the Revised | 991 |
Code, a regional council of governments operating a public safety | 992 |
answering point or a subdivision shall consider the standards | 993 |
before incurring any costs described in this division. | 994 |
(B) Beginning one year following the imposition of the | 998 |
wireless 9-1-1 charge under division (A) of section 4931.61 of the | 999 |
Revised Code, a subdivision or a regional council of governments | 1000 |
that certifies to the Ohio 9-1-1 coordinator that it has paid the | 1001 |
costs described in divisions (A)(1) and (2) of this section and is | 1002 |
providing countywide wireless enhanced 9-1-1 may use disbursements | 1003 |
received under section 4931.64 of the Revised Code to pay any of | 1004 |
its personnel costs of one or more public safety answering points | 1005 |
providing countywide wireless enhanced 9-1-1. | 1006 |
Sec. 4931.66. (A)(1) A telephone company, the state highway | 1018 |
patrol as described in division (J) of section 4931.41 of the | 1019 |
Revised Code, and each subdivision or regional council of | 1020 |
governments operating one or more public safety answering points | 1021 |
for a countywide system providing wireless 9-1-1, shall provide | 1022 |
the Ohio 9-1-1 coordinator with such information as the | 1023 |
coordinator requests for the purposes of carrying out the | 1024 |
coordinator's duties under sections 4931.60 to 4931.704931.69 of | 1025 |
the Revised Code, including, but not limited to, duties regarding | 1026 |
the collection of the wireless 9-1-1 charge and regarding the | 1027 |
provision of a report or recommendationimposed under division (A) | 1028 |
of section 4931.704931.61 of the Revised Code. | 1029 |
(2) A wireless service provider shall provide an official, | 1030 |
employee, agent, or representative of a subdivision or regional | 1031 |
council of governments operating a public safety answering point, | 1032 |
or of the state highway patrol as described in division (J) of | 1033 |
section 4931.41 of the Revised Code, with such technical, service, | 1034 |
and location information as the official, employee, agent, or | 1035 |
representative requests for the purpose of providing wireless | 1036 |
9-1-1. | 1037 |
(2) The public utilities commission, the Ohio 9-1-1 | 1051 |
coordinator, and any official, employee, agent, or representative | 1052 |
of the commission, of the state highway patrol as described in | 1053 |
division (J) of section 4931.41 of the Revised Code, or of a | 1054 |
subdivision or regional council of governments operating a public | 1055 |
safety answering point, while acting or claiming to act in the | 1056 |
capacity of the commission or coordinator or such official, | 1057 |
employee, agent, or representative, shall not disclose any | 1058 |
information provided under division (A) of this section regarding | 1059 |
a telephone company's customers, revenues, expenses, or network | 1060 |
information. Nothing in division (B)(2) of this section precludes | 1061 |
any such information from being aggregated and included in any | 1062 |
report required under section 4931.70 or division (D)(2) of | 1063 |
section 4931.69 of the Revised Code, provided the aggregated | 1064 |
information does not identify the number of any particular | 1065 |
company's customers or the amount of its revenues or expenses or | 1066 |
identify a particular company as to any network information. | 1067 |
Sec. 4931.67. (A) The public utilities commission, after | 1068 |
consultation with the Ohio 9-1-1 coordinator, shall adopt rules in | 1069 |
accordance with Chapter 119. of the Revised Code to carry out | 1070 |
sections 4931.60 to 4931.704931.69 of the Revised Code, except | 1071 |
for section 4931.622 of the Revised Code, and including rules | 1072 |
prescribing the necessary accounting for a wireless service | 1073 |
provider's or reseller's billing and collection fee under division | 1074 |
(A)(2) of section 4931.62 of the Revised Code and rules | 1075 |
establishing a fair and reasonable process for recommending the | 1076 |
amount of the wireless 9-1-1 charge as authorized under division | 1077 |
(B) of section 4931.70 of the Revised Code. The amount of the | 1078 |
wireless 9-1-1 charge shall be prescribed only by act of the | 1079 |
general assembly. | 1080 |
Sec. 4931.69. (A) There is hereby created the wireless 9-1-1 | 1084 |
advisory board, consisting of the Ohio 9-1-1 council appointee | 1085 |
that represents public safety communications officials and five | 1086 |
members appointed by the governor as follows: one of the council | 1087 |
appointees that represents wireless service providers in this | 1088 |
state, whose council term expires after the council term of the | 1089 |
council appointee representing public safety communications | 1090 |
officials, one noncouncil representative of wireless service | 1091 |
providers in this state, one noncouncil representative of public | 1092 |
safety communications officials in this state, and two noncouncil | 1093 |
representatives of municipal and county governments in this state. | 1094 |
(B) The terms of the advisory board members who are also | 1095 |
council members shall be concurrent with their terms as members of | 1096 |
the council, as prescribed under division (B) of section 4931.68 | 1097 |
of the Revised Code. The terms of the initial noncouncil appointee | 1098 |
to the advisory board who represents wireless service providers | 1099 |
and of one of the initial noncouncil appointees who represents | 1100 |
municipal and county government shall expire on January 31, 2009. | 1101 |
The terms of the initial noncouncil appointee to the advisory | 1102 |
board representing public safety communications officials and of | 1103 |
the other initial noncouncil appointee representing municipal and | 1104 |
county government shall expire on January 31, 2010. Thereafter, | 1105 |
terms of the noncouncil appointees shall be for three years, with | 1106 |
each term ending on the same day of the same month as the term it | 1107 |
succeeds. The conditions of holding office, manner of filling | 1108 |
vacancies, and other matters concerning service by any member of | 1109 |
the advisory board shall be the same as set forth for council | 1110 |
members under division (B) of section 4931.68 of the Revised Code. | 1111 |
Section 2. That existing sections 167.03, 4927.03, 4927.15, | 1140 |
4931.40, 4931.41, 4931.44, 4931.49, 4931.50, 4931.60, 4931.61, | 1141 |
4931.62, 4931.63, 4931.64, 4931.65, 4931.66, 4931.67, 4931.69, and | 1142 |
4931.99 and section 4931.70 of the Revised Code are hereby | 1143 |
repealed. | 1144 |