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H. B. No. 361As Introduced
As Introduced
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Flowers, Niehaus, Olman, Reinhard, Faber, Seitz, Allen, Harwood
A BILL
To amend sections 2307.64, 2913.01, 4931.40, 4931.41, 4931.43, 4931.44, 4931.45,
4931.46, 4931.47, 4931.48, 4931.49, 4931.50, 4931.99, 5727.39, and 5733.55; to
amend, for the purpose of adopting a new section number as shown
in parentheses, section 4931.55 (4931.75); and to enact sections
4931.60 to 4931.71 of the Revised Code to
provide for wireless enhanced 9-1-1, including requirements for its operation,
administration, funding, and regulation,
and to permit a telephone company that is a wireline service
provider to fund through an existing tax credit mechanism
the total nonrecurring rates and charges for an updating or
modernization of the wireline telephone network portion of a
9-1-1 system or a modification of that telephone network to
provide wireless enhanced 9-1-1; and to amend the versions of sections 4931.45, 4931.47, and 4931.48 of the Revised Code that are scheduled to take effect December 31, 2004, and to continue the provisions of this act on and after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2307.64, 2913.01, 4931.40, 4931.41, 4931.43, 4931.44,
4931.45, 4931.46, 4931.47, 4931.48, 4931.49, 4931.50, 4931.99, 5727.39, and
5733.55 be amended; section 4931.55 (4931.75) be amended for the
purpose of adopting a new section number as indicated in
parentheses; and sections 4931.60, 4931.61, 4931.62, 4931.63,
4931.64, 4931.65, 4931.66, 4931.67, 4931.68, 4931.69,
4931.70, and 4931.71 of the Revised Code be enacted to read as follows:
Sec. 2307.64. (A)
As used in this section: (1)
"Advertisement" has the same meaning as in section
4931.55 4931.75 of the Revised Code.
(2) "Computer," "computer network," "computer program,"
"computer services," and "telecommunications device" have the same
meanings as in section 2913.01 of the Revised Code. (3) "Electronic mail" means an electronic message that is
transmitted between two or more telecommunications devices or
electronic devices capable of receiving electronic messages,
whether or not the message is converted to hard copy format after
receipt, and whether or not the message is viewed upon the
transmission or stored for later retrieval. "Electronic mail"
includes electronic messages that are transmitted through a local,
regional, or global computer network. (4) "Electronic mail advertisement" means electronic
mail
containing an advertisement. (5) "Electronic mail service provider" means any person that
is an intermediary in sending and receiving electronic mail and
that provides to users of electronic mail services the ability to
send
or receive electronic mail. "Electronic mail service
provider" includes an internet service
provider. (6) "Internet" has the same meaning as in section 341.42 of
the Revised Code. (7) "Originating address" means the string of characters
used
to specify the source of any electronic mail message.
(8) "Person" has the same meaning as in section 1.59 of the
Revised Code, but when a person is not an individual, the person
responsible for transmitting or causing to be transmitted an
electronic mail advertisement is the particular division of the
partnership, corporation, or other business entity actually
responsible for the transmission of the electronic mail
advertisement. (9) "Pre-existing business relationship" means that there was
a business transaction between the initiator and the recipient of
a commercial electronic mail message during the five-year period
preceding the receipt of that message. A pre-existing business
relationship includes a transaction involving the free provision
of information, goods, or services requested by the recipient. A
pre-existing business
relationship does not exist after a
recipient requests to be removed
from the distribution lists of an
initiator pursuant to division
(B) of this section and a
reasonable amount of time has expired
since that request. (10)
"Receiving address" means the string of characters used
to specify a recipient with each receiving address creating a
unique and separate recipient. (11)
"Recipient" means a person who receives an
electronic mail advertisement at any one of the following
receiving addresses: (a) A receiving address furnished by an electronic mail
service provider that bills for furnishing and maintaining that
receiving address to a mailing address within this state; (b) A receiving address ordinarily accessed from a computer
located within this state; (c) A receiving address ordinarily accessed by a person
domiciled within this state; (d) Any other receiving address with respect to which the
obligations imposed by this section can be imposed consistent with
the United States Constitution.
(B)(1)
Except as otherwise provided in division (B)(3) of
this
section, a person that transmits or causes to be
transmitted
to a
recipient an electronic mail advertisement shall
clearly
and
conspicuously provide to the recipient, within the body of the
electronic mail advertisement, both of the following: (a) The person's name and complete residence or
business
address and the electronic mail
address of the person
transmitting
the electronic mail advertisement; (b) A notice that the recipient may decline to receive from
the person
transmitting or causing to be transmitted the
electronic mail advertisement any
additional
electronic mail
advertisements and a detailed
procedure
for
declining to receive
any additional electronic mail
advertisements at no cost. The
notice shall be of the same size of type as the majority of the
text of the message and shall not require that the recipient
provide any information other than the receiving address. (2) If
the recipient of an electronic mail advertisement
uses the
procedure contained in the notice described in division
(B)(1)(b) of this section to
decline to receive any additional
electronic mail advertisements, the
person
that transmitted or
caused to be transmitted the original
electronic mail
advertisement, within a reasonable period of time,
shall cease
transmitting or causing to be transmitted to the
receiving address
any additional electronic
mail advertisements. (3) A person does not violate division (B) of this section
if
the person transmits or causes to
be
transmitted to the
recipient an
electronic mail advertisement
when any of the
following apply: (a) The person has a pre-existing business or personal
relationship
with the recipient. (b) The recipient has consented or has agreed as a
condition
of service to receive the
electronic mail advertisement. (c) The recipient receives the electronic mail advertisement
because another recipient forwarded the advertisement to that
recipient via an internet web site or another recipient made a
direct referral of that recipient to receive the advertisement. (C) No person shall use a computer, a computer network, or
the computer services of an electronic mail service provider to
transmit an electronic mail advertisement in contravention of the
authority granted by, or in violation of the policies related to
electronic mail advertisements set by, the
electronic mail service
provider if the electronic mail service provider has provided the
person notice of those policies. For the purposes of this
division, notice of those policies shall be deemed sufficient if
an electronic mail service provider maintains an easily accessible
web page containing its policies regarding electronic mail
advertisements and can demonstrate that notice was supplied via
electronic means between the sending and receiving computers. (D)
No electronic mail service provider shall be liable for
transmitting another person's electronic mail advertisement
through its service in violation of this section, or shall be
liable for any action it voluntarily takes in good
faith to block
the
receipt or transmission through its service of
any electronic
mail
advertisement that it believes is, or will be
sent, in
violation of
this section. (E) A recipient of an electronic mail advertisement
transmitted in violation of division (B) of this section may bring
a civil action against a person who transmitted that advertisement
or caused it to be transmitted. In that action, the recipient may
recover the following: (1) One hundred dollars for each violation, not to exceed a
total of fifty thousand dollars; (2) Reasonable attorney's fees, court costs, and other costs
of bringing the action. (F) An electronic mail service provider whose authority or
policy has been contravened in violation of division (C) of this
section may bring a civil action against a person who transmitted
that advertisement or caused it to be transmitted. In that
action, the electronic mail service provider may recover the
following: (1)(a) Fifty dollars for each violation of division (C) of
this section, not to exceed fifty thousand dollars; (b) If a violation of division (C) of this section is a
willful or knowing violation, the court may increase the amount
recoverable to an amount not to exceed five hundred thousand
dollars. (c) If a violation of division (C) of this section is
accompanied by a violation of division (H) of this section, there
shall be no limit on the amount that may be recovered pursuant to
this section. (2) Reasonable attorney's fees, court costs, and other costs
of bringing the action. (G) In addition to any recovery that is allowed
under
divisions (E) or (F) of this section, the recipient of
an
electronic mail
advertisement transmitted in violation of division
(B) of this
section or the electronic mail service provider of an
advertisement transmitted in violation of division (C) of this
section may apply to
the court
of common pleas of the county in
which the recipient resides or the service provider is located for
an order
enjoining the person who
transmitted or caused to be
transmitted that electronic mail
advertisement from
transmitting
or causing to be transmitted to
the
recipient any additional
electronic mail
advertisement. (H) No person shall use a computer, a
computer network, a
computer program, or the computer services of an electronic mail
service provider with the intent to forge an originating address
or other routing information, in any manner, in connection with
the
transmission of an electronic mail advertisement through or
into
the network of an electronic mail service provider or its
subscribers. Each use of a computer, a computer network, a
computer program, or the computer services of an electronic mail
service provider in violation of this division constitutes a
separate offense. A person who violates this division is guilty
of forgery under section 2913.31 of the Revised Code.
Sec. 2913.01. As used in this chapter, unless the context
requires
that a term be given a different meaning: (A) "Deception" means knowingly deceiving another or
causing
another to be deceived by any false or misleading
representation,
by withholding information, by preventing another
from acquiring
information, or by any other conduct, act, or
omission that
creates, confirms, or perpetuates a false
impression in another,
including a false impression as to law,
value, state of mind, or
other objective or subjective fact. (B) "Defraud" means to knowingly obtain, by deception,
some
benefit for oneself or another, or to knowingly cause, by
deception, some detriment to another. (C) "Deprive" means to do any of the following: (1) Withhold property of another permanently, or for a
period that appropriates a substantial portion of its value or
use, or with purpose to restore it only upon payment of a reward
or other consideration; (2) Dispose of property so as to make it unlikely that the
owner will recover it; (3) Accept, use, or appropriate money, property, or
services, with purpose not to give proper consideration in return
for the money, property, or services, and without reasonable
justification or excuse for not giving proper consideration. (D) "Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is
the owner of,
who has possession or control of, or who has
any license
or
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. (E) "Services" include labor, personal services,
professional services, public utility services including wireless service as defined in section 4931.40 of the Revised Code, common carrier
services, and food, drink, transportation, entertainment, and
cable television services
and, for purposes of section 2913.04 of
the Revised Code, include cable services as defined in that
section. (F) "Writing" means any computer software, document,
letter,
memorandum, note, paper, plate, data, film, or other
thing having
in or upon it any written, typewritten, or printed
matter, and any
token, stamp, seal, credit card,
badge, trademark, label, or other
symbol of value, right,
privilege, license, or identification. (G) "Forge" means to fabricate or create, in whole or in
part and by any means, any spurious writing, or to make, execute,
alter, complete, reproduce, or otherwise purport to authenticate
any writing, when the writing in fact is not authenticated by
that
conduct. (H) "Utter" means to issue, publish, transfer, use, put or
send into circulation, deliver, or display. (I) "Coin machine" means any mechanical or electronic
device
designed to do both of the following: (1) Receive a coin, bill, or token made for that purpose; (2) In return for the insertion or deposit of a coin,
bill,
or token, automatically dispense property, provide a
service, or
grant a license. (J) "Slug" means an object that, by virtue of its size,
shape, composition, or other quality, is capable of being
inserted
or deposited in a coin machine as an improper substitute
for a
genuine coin, bill, or token made for that purpose. (K) "Theft offense" means any of the following: (1) A violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32,
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45,
2913.47, former section
2913.47 or 2913.48, or section 2913.51,
2915.05,
or 2921.41 of the Revised Code; (2) A violation of an existing or former municipal
ordinance
or law of this or any other state, or of the United
States,
substantially equivalent to any section listed in
division (K)(1)
of this section or a violation of section 2913.41, 2913.81,
or
2915.06 of the Revised Code as it existed prior to July 1, 1996; (3) An offense under an existing or former municipal
ordinance or law of this or any other state, or of the United
States, involving robbery, burglary, breaking and entering,
theft,
embezzlement, wrongful conversion, forgery,
counterfeiting,
deceit, or fraud; (4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (K)(1), (2), or (3) of this
section. (L) "Computer services" includes, but is not limited to,
the
use of a computer system, computer network, computer program,
data
that is prepared for computer use, or data that is contained
within a computer system or computer network. (M) "Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but is not
limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or
related, in a computer system or network to an electronic
device
of that nature. (N) "Computer system" means a computer and related
devices,
whether connected or unconnected, including, but not
limited to,
data input, output, and storage devices, data
communications
links, and computer programs and data that make
the system capable
of performing specified special purpose data
processing tasks. (O) "Computer network" means a set of related and remotely
connected computers and communication facilities that includes
more than one computer system that has the capability to transmit
among the connected computers and communication facilities
through
the use of computer facilities. (P) "Computer program" means an ordered set of data
representing coded instructions or statements that, when executed
by a computer, cause the computer to process data. (Q) "Computer software" means computer programs,
procedures,
and other documentation associated with the operation
of a
computer system. (R) "Data" means a representation of information,
knowledge,
facts, concepts, or instructions that are being or
have been
prepared in a formalized manner and that are intended
for use in a
computer, computer system, or computer
network. For
purposes
of
section 2913.47 of the Revised Code, "data" has the additional
meaning set forth in division (A) of that section. (S) "Cable television service" means any services provided
by or through the facilities of any cable television system or
other similar closed circuit coaxial cable communications system,
or any microwave or similar transmission service used in
connection with any cable television system or other similar
closed circuit coaxial cable communications system. (T) "Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of
any resources of a computer, computer system, or computer
network,
or any cable service or cable system both as defined in section
2913.04 of the Revised Code. (U) "Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account
for
the purpose of obtaining money, property, labor, or services
on
credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine. It also includes a county procurement card issued under section 301.29 of the Revised Code. (V) "Electronic fund transfer" has the same meaning as in
92
Stat. 3728, 15 U.S.C.A. 1693a, as amended. (W) "Rented property" means personal property in which the
right
of possession and use of the property is for a short and
possibly
indeterminate term in return for consideration; the
rentee generally controls
the duration of possession of the
property, within any applicable minimum or
maximum term; and the
amount of consideration generally is determined by the
duration of
possession of the property. (X) "Telecommunication" means the origination,
emission,
dissemination, transmission, or reception of data, images,
signals,
sounds, or other intelligence or equivalence of
intelligence of
any nature over any communications system by any
method,
including, but not limited to, a fiber optic, electronic,
magnetic, optical, digital, or analog method.
(Y) "Telecommunications
device" means any instrument,
equipment, machine, or other
device that facilitates
telecommunication, including, but not
limited to, a computer,
computer network, computer chip, computer
circuit, scanner,
telephone, cellular telephone, pager, personal
communications
device, transponder, receiver, radio, modem, or
device that
enables the use of a modem. (Z) "Telecommunications
service" means the providing,
allowing, facilitating, or
generating of any form of
telecommunication through the use of a
telecommunications device
over a telecommunications system. (AA) "Counterfeit
telecommunications device" means a
telecommunications device that,
alone or with another
telecommunications device, has been altered,
constructed,
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or
information
service without the
authority or consent of the
provider of the telecommunications
service or information service.
"Counterfeit telecommunications device"
includes, but
is not
limited to, a clone telephone, clone microchip, tumbler
telephone,
or tumbler microchip; a wireless scanning device
capable of
acquiring, intercepting, receiving, or otherwise
facilitating the
use of telecommunications service or information service
without
immediate detection; or a device, equipment, hardware, or software
designed for, or capable of, altering or changing the electronic
serial number
in a wireless telephone. (BB)(1) "Information
service" means, subject to division
(BB)(2) of this section, the
offering of a capability for
generating, acquiring, storing,
transforming, processing,
retrieving, utilizing, or making
available information via
telecommunications, including, but not
limited to, electronic
publishing. (2) "Information service" does not include any use of a
capability of a type described in division
(BB)(1) of this section
for the
management, control, or operation of a telecommunications
system
or the management of a telecommunications service. (CC) "Elderly person" means a person who is sixty-five
years
of age or older. (DD) "Disabled adult" means a person who is eighteen years
of age
or older
and has some impairment of body or mind that makes
the person unfit to work
at any substantially remunerative
employment that the person
otherwise would be able to perform and
that will, with reasonable
probability, continue for a period of
at least twelve months
without any present indication of recovery
from the impairment, or who is
eighteen years of age or older and
has been certified as permanently and
totally disabled by an
agency
of this state or the United States that has the function of
so classifying persons. (EE) "Firearm" and "dangerous ordnance" have the same
meanings as
in section 2923.11 of the Revised Code. (FF) "Motor vehicle" has the same meaning as in section
4501.01
of the Revised Code. (GG) "Dangerous drug" has the same meaning as in section
4729.01
of the Revised Code. (HH) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
Sec. 4931.40. As used in sections 4931.40 to 4931.54
4931.71 of
the Revised Code: (A) "9-1-1 system" means a system through which
individuals can request emergency service using the telephone
number 9-1-1. (B) "Basic 9-1-1" means a 9-1-1 system in which a caller
provides information on the nature of and the location of an
emergency, and the personnel receiving the call must determine
the appropriate emergency service provider to respond at that
location. (C) "Enhanced 9-1-1" means a 9-1-1 system capable of providing both enhanced wireline 9-1-1 and wireless enhanced 9-1-1. (D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which the
wireline telephone network system, in providing wireline 9-1-1, automatically provides to personnel
receiving the call, immediately on answering the 9-1-1 call,
information on the location and the telephone number from which
the call is being made, and routes the call to emergency service
providers that serve the location from which the call is made and
immediately provides to personnel answering the 9-1-1 call
information on the location and the telephone number from which the call is
being made. (D)(E) "Wireless enhanced 9-1-1"
means a 9-1-1 system that, in providing wireless 9-1-1, has the
capabilities of phase
I and, to the extent available,
phase
II enhanced 9-1-1 services as
described in 47
C.F.R.
20.18 (d) to (h).
(F) "Wireless
service" means federally licensed commercial mobile service as
defined in 47
U.S.C.
332(d) and further defined as commercial
mobile radio service in 47
C.F.R.
20.3, and includes service provided by any wireless, two-way communications
device, including a radio-telephone communications line used in cellular
telephone service or personal communications service, a network radio access
line, or any functional or competitive equivalent of such a radio-telephone
communications or network radio access line. (G) "Wireless service
provider" means a facilities-based provider of
wireless service to one or more end users in this state. (H) "Wireless 9-1-1"
means the emergency call response service provided by a 9-1-1
system pursuant to a call originating in the network of a
wireless service provider. (I) "Wireless 9-1-1
service funds" means the funds created under divisions
(A) and
(B) of section 4931.63 of the
Revised Code. (J) "Wireline 9-1-1"
means the emergency call response service provided by a 9-1-1
system pursuant to a call originating in the network of a
wireline service provider. (K) "Wireline service provider" means a
facilities-based provider of wireline service to one or more end-users in this
state. (L) "Wireline
service" means basic local exchange service, as defined in
section 4927.01 of the Revised
Code, that is transmitted by means of interconnected wires or
cables by a wireline service provider authorized by the public utilities
commission. (M) "Wireline telephone network" means the selective router and data base processing systems, trunking and data wiring cross connection points at the public safety answering point, and all other voice and data components of the 9-1-1 system. (N) "Subdivision" means a county, municipal corporation,
township, township fire district, joint fire district, township
police district, joint ambulance district, or joint
emergency medical services district that provides
emergency service within its territory, or that contracts with
another municipal corporation, township, or district or with a
private entity to provide such service; and a state college or
university, port authority, or park district of any kind that
employs law enforcement officers that act as the primary police
force on the grounds of the college or university or port
authority or in the parks operated by the district. (E)(O) "Emergency service" means emergency police law enforcement,
firefighting, ambulance, rescue, and medical service.
(F)(P) "Emergency service provider" means the state highway
patrol and an emergency service department or unit of a
subdivision or that operates in provides emergency service to a subdivision under contract with
the subdivision.
(G)(Q) "Public safety answering point" means a facility to
which 9-1-1 system calls for a specific territory are initially
routed for response and where subdivision personnel respond to
specific requests for emergency service by directly dispatching
the appropriate emergency service provider, relaying a message to
the appropriate provider, or transferring the call to the
appropriate provider.
(H)(R) "Customer premises equipment" means telecommunications
equipment, including telephone instruments, on the premises of a
public safety answering point that is used in answering and
responding to 9-1-1 system calls.
(I)(S) "Municipal corporation in the county" includes any
municipal corporation that is wholly contained in the county and
each municipal corporation located in more than one county that
has a greater proportion of its territory in the county to which
the term refers than in any other county.
(J)(T) "Board of county commissioners" includes the
legislative authority of a county established under Section 3 of
Article X, Ohio Constitution, or Chapter 302. of the Revised
Code.
(K)(U) "Final plan" means a final plan adopted under division
(B) of section 4931.44 of the Revised Code and, except as
otherwise expressly provided, an amended final plan adopted under
section 4931.45 of the Revised Code.
(L)(V) "Subdivision served by a public safety answering
point" means a subdivision that provides emergency service for
any part of its territory that is located within the territory of
a public safety answering point whether the subdivision provides
the emergency service with its own employees or pursuant to a
contract.
(M)(W) A township's population includes only population of
the unincorporated portion of the township.
(N)(X) "Telephone company" means a company engaged in the
business of providing
local
exchange telephone service by making available or furnishing access and a dial
tone to persons within a local calling area for use in originating and
receiving voice grade communications over a switched network operated by the
provider of the service within the area and gaining access to other
telecommunications services. "Telephone company" includes a wireline service provider
and a wireless service provider unless otherwise expressly specified, except
that, for purposes of
sections 4931.52 and 4931.53 of the
Revised
Code, "telephone company" means
a wireline service provider.
Sec. 4931.41. (A)(1) A countywide 9-1-1 system shall
include all of the territory of the townships and municipal
corporations in the county and any portion of such a municipal corporation that extends into an adjacent county. (2) The system shall exclude any territory served by a
telephone company wireline service provider that is not capable
of reasonably meeting the
technical and economic requirements of providing the wireline telephone
network portion of the countywide system for that territory. The
system shall exclude from enhanced 9-1-1 service any territory
served by a telephone company wireline service provider that is
not capable of reasonably
meeting the technical and economic requirements of providing the
wireline telephone network portion of an enhanced 9-1-1
service for
that
territory. If a 9-1-1 planning committee and a telephone company
wireline service provider do not agree on whether the telephone
company provider is so capable, the
committee shall notify the public utilities commission, and the
commission shall determine whether the company wireline service
provider is so capable.
The committee shall ascertain whether such disagreement exists
before making its implementation proposal under division (A) of
section 4931.43 of the Revised Code. The commission's
determination shall be in the form of an order. No final plan
shall require a telephone company wireline service provider to
provide the wireline telephone
network portion of a 9-1-1 system that the commission has
determined the company provider is not reasonably capable of
providing. (B) A countywide 9-1-1 system may be a basic or enhanced
9-1-1 system, or a combination of the two, and shall be for the
purpose of providing both wireline 9-1-1 and wireless 9-1-1. (C) Every emergency service provider that provides
emergency service within the territory of a countywide 9-1-1
system shall participate in the countywide system. (D)(1) Each public safety answering point shall be operated
by a subdivision and shall be operated constantly. (2) A subdivision that operates a public safety answering point
shall pay all of the costs associated with establishing,
equipping, furnishing, operating, and maintaining that facility
and shall allocate those costs among itself and the subdivisions
served by the answering point based on the allocation formula in
a final plan. The telephone company wireline service provider
or other entity that
provides or maintains the customer premises equipment shall bill
the operating subdivision for the cost of providing such
equipment, or its maintenance.
A wireless service provider and a subdivision operating a public safety answering point may enter into a service agreement for providing wireless enhanced 9-1-1 pursuant to a final plan adopted under sections 4931.40 to 4931.71 of the Revised Code. (E) Except to the extent provided in a final plan that
provides for funding of a 9-1-1 system in part through charges
imposed under section 4931.51 of the Revised Code, each
subdivision served by a public safety answering point shall pay
the subdivision that operates the answering point the amount
computed in accordance with the allocation formula set forth in
the final plan. (F) Notwithstanding any other provision of law, the
purchase or other acquisition, installation, and maintenance of
the telephone network for a 9-1-1 system and the purchase or
other acquisition, the installation, and maintenance of customer
premises equipment at a public safety answering point made in
compliance with a final plan or an agreement under section
4931.48 of the Revised Code, including customer premises equipment
used to provide wireless enhanced 9-1-1, are not subject to
any requirement of competitive bidding. (G) Each emergency service provider participating in a
countywide 9-1-1 system shall maintain a telephone number in
addition to 9-1-1. (H) Whenever a final plan provides for the implementation
of basic 9-1-1 service, the planning committee shall so notify
the public utilities commission, which shall determine whether
the telephone companies wireline service providers serving the
territory covered by the plan
are capable of reasonably meeting the technical and economic
requirements of providing the wireline telephone network portion of an
enhanced 9-1-1 system. The determination shall be made solely
for purposes of division (C)(2)(a) of section
4931.47 of the Revised
Code. (I) If the public safety answering point personnel
reasonably determine that a 9-1-1 call is not an emergency, the
personnel, as applicable, shall provide the caller with
the telephone number of
the any appropriate emergency service provider subdivision agency. (J) Nothing in sections 4931.40 to
4931.71 of the Revised
Code precludes a final plan
adopted in accordance with those sections from providing that,
by agreement included in the plan, the state highway patrol or
one or more public safety answering points of another countywide
9-1-1 system is the public safety answering point or points for the
provision of wireless enhanced 9-1-1 for all or part of the territory of a countywide 9-1-1 system. In that event, the
county for which the wireless enhanced 9-1-1 is provided shall be deemed the
subdivision operating the public safety answering point or points for
purposes of sections 4931.40 to 4931.71 of the
Revised Code, except that, for the
purpose of division (D)(2) of
this section, the county shall pay only so much of the costs
associated with establishing, equipping, furnishing, operating,
or maintaining any such public safety answering point as are specified in the
agreement. Sec. 4931.43. (A) The 9-1-1 planning committee shall
prepare a proposal on the implementation of a countywide 9-1-1
system and shall hold a public meeting on the proposal to explain
the system to and receive comments from public officials. At
least thirty but not more than sixty days before the meeting, the
committee shall send a copy of the implementation proposal and
written notice of the meeting: (1) By certified mail, to the board of county
commissioners, the legislative authority of each municipal
corporation in the county, and to the board of trustees of each
township in the county; and (2) To the board of trustees, directors, or park
commissioners of each subdivision that will be served by a public
safety answering point under the plan. (B) The proposal and the final plan adopted by the
committee shall specify: (1) Which telephone companies serving
customers in the
county and, as authorized in division (A) of section 4931.42 of the Revised Code, in an adjacent county will participate in the 9-1-1 system; (2) The location and number of public safety answering
points; how they will be connected to a company's telephone
network; from what geographic territory each will receive 9-1-1
calls; whether basic or enhanced 9-1-1 service will be provided
within such territory; what subdivisions will be served by the
answering point; and whether an answering point will respond to
calls by directly dispatching an emergency service provider, by
relaying a message to the appropriate provider, or by
transferring the call to the appropriate provider; (3) What subdivision will establish, equip, furnish,
operate, and maintain each public safety answering point; (4) A projection of the initial cost of establishing,
equipping, and furnishing and of the annual cost of the first
five years of operating and maintaining each public safety
answering point; (5) Whether the cost of establishing, equipping,
furnishing, operating, or maintaining each public safety
answering point should be funded through charges imposed under
section 4931.51 of the Revised Code or will be allocated among
the subdivisions served by the answering point and, if any such
cost is to be allocated, the formula for so allocating it; (6) How each emergency service provider will respond to a
misdirected call. (C) Following the meeting required by this section, the
9-1-1 planning committee may modify the implementation proposal
and, no later than nine months after the resolution authorized by
section 4931.41 4931.42 of the Revised Code is adopted, may adopt, by majority
vote, adopt a final plan for implementing a countywide 9-1-1
system. If a planning committee and telephone company wireline
service provider do not
agree on whether the telephone company wireline service provider
is capable of providing
the wireline telephone network as described under division (A) of
section
4931.41 of the Revised Code and the planning committee refers
that question to the public utilities commission, the commission
may extend the nine-month deadline established by this division
to twelve months. Immediately on completion of the plan, the
committee shall send a copy of the final plan: (1) By certified mail to the board of county commissioners
of the county, to the legislative authority of each municipal
corporation in the county, and to the board of township trustees
of each township in the county; and (2) To the board of trustees, directors, or park
commissioners of each subdivision that will be served by a public
safety answering point under the plan. (D) If the committee has not adopted a final plan on or
before the deadline in division (C) of this section, the
committee shall cease to exist. A new 9-1-1 planning committee
may be convened in the manner established in section 4931.42 of
the Revised Code to develop an implementation proposal and final
plan in accordance with the requirements of sections 4931.42 to
4931.44 of the Revised Code.
Sec. 4931.44. (A) Within sixty days after receipt of the
final plan pursuant to division (C) of section 4931.43 of the
Revised Code, the board of county commissioners of the county and
the legislative authority of each municipal corporation in the
county and of each township whose territory is proposed to be
included in a countywide 9-1-1 system shall act by resolution to
approve or disapprove the plan, except that, with respect to a
final plan that provides for funding of the 9-1-1 system in part
through charges imposed under section 4931.51 of the Revised
Code, the board of county commissioners shall not act by
resolution to approve or disapprove the plan until after a
resolution adopted under section 4931.51 of the Revised Code has
become effective as provided in division (D) of that section. A
municipal corporation or township whose territory is proposed to
be included in the system includes any municipal corporation or
township in which a part of its territory is excluded pursuant to
division (A)(2) of section 4931.41 of the Revised Code. Each
such authority shall immediately shall notify the board
of county
commissioners in writing of its approval or disapproval of the
final plan. Failure by a board or legislative authority to
notify the board of county commissioners of approval or
disapproval within such sixty-day period shall be deemed
disapproval by such the board or authority. (B) As used in this division, "county's population"
excludes the population of any municipal corporation or township
that, under the plan, is completely excluded from 9-1-1 service
in the county's final plan. A countywide plan will become is
effective if all of the following entities approve the plan in
accordance with this section: (1) The board of county commissioners; (2) The legislative authority of a municipal corporation
that contains at least thirty per cent of the county's
population, if any; (3) The legislative authorities of municipal corporations
and townships that contain at least sixty per cent of the
county's population or, if the plan has been approved by a
municipal corporation that contains at least sixty per cent of
the county's population, by the legislative authorities of
municipal corporations and townships that contain at least
seventy-five per cent of the county's population. (C) After a countywide plan approved in accordance with
this section is adopted, all of the telephone companies and
subdivisions included in the plan are subject to the specific
requirements of the plan and to sections 4931.40 to
4931.54 4931.70 of
the Revised Code.
Sec. 4931.45. (A) A An amended final plan may be amended to
expand is required for any of the following purposes: (1) Expanding
the territory included in the countywide 9-1-1 system, to
upgrade; (2) Upgrading
any part or all of a system from basic 9-1-1 to enhanced 9-1-1
service, to adjust; (3) Adjusting the territory served by a public safety
answering point, to represcribe; (4) Represcribing the funding of public safety
answering points as between the alternatives set forth in
division (B)(5) of section 4931.43 of the Revised Code, or to
make; (5) Providing for wireless enhanced 9-1-1; (6) Adding a telephone company as a participant in a countywide
9-1-1 system after the implementation of wireline 9-1-1 or wireless
enhanced 9-1-1; (7) Providing that the state highway patrol or one or more public safety
answering points of another countywide 9-1-1 system function as a public
safety answering point or points for the provision of wireless 9-1-1 for all or part of the
territory of the system, as contemplated under division (J) of section 4931.41 of the Revised Code; (8) Making any other necessary
adjustments to the plan only by
convening a new 9-1-1 planning committee, and adopting an amended
final plan. The convening of a new 9-1-1 planning committee and
the proposal and adoption of an amended final plan shall be made
in the same manner required for the convening of an initial
committee and adoption of an original proposed and final plan
under sections 4931.42 to 4931.44 of the Revised Code. Adoption The adoption of an amended final plan under this division shall be subject
to, and accomplished in the manner of the adoption of an initial final plan
under, sections 4931.42 to 4931.44 of the Revised Code, including the requirements for the
convening of a 9-1-1 planning committee and development of a proposed plan
prior to the adoption of the final plan.
However, a final plan is deemed amended for the purpose
described in division (A)(6) of
this section upon the filing, with the board of county
commissioners of the county that approved the final plan for the
countywide 9-1-1 system, of a written letter of intent by the
entity to be added as a participant in the 9-1-1 system. The
entity shall send written notice of the filing to all
subdivisions and telephone companies participating in the
system. Further, adoption
of any resolution under
section 4931.51 of the Revised Code
pursuant to a final plan that both has been adopted and provides
for funding through charges imposed under that section is not an
amendment of a final plan for the purpose of this division. (B) When a final plan is amended to expand the territory
that receives 9-1-1 service or to upgrade a 9-1-1 system from
basic to enhanced 9-1-1 service for any purpose described in division
(A)(1), (2), (5), or (6) of this section, the provisions of
sections
4931.47 and 5727.39 of the Revised Code apply with respect to the
telephone company's recovery of the nonrecurring and recurring
rates and charges for the wireline telephone network portion of the
9-1-1 system. Sec. 4931.46. (A) Within three years from the date a an
initial
final plan becomes effective under division (B) of section
4931.44 of the Revised Code, the telephone companies wireline
service providers designated
in the plan shall have installed the wireline telephone network portion
of
the 9-1-1 system according to the terms, conditions,
requirements, and specifications set forth in that plan. (B)(1) Upon installation of a countywide 9-1-1 system, the
board of county commissioners may direct the county engineer to
erect and maintain at the county boundaries on county roads and
state and interstate highways, signs indicating the availability
of a countywide 9-1-1 system. Any sign erected by a county under
this section shall be erected in accordance with and meet the
specifications established under division (B)(2) of this section.
All expenses incurred in erecting and maintaining the signs shall
be paid by the county. (2) The director of transportation shall develop design
specifications for signs giving notice of the availability of a
countywide 9-1-1 system. The director also shall establish
standards for the erection of the signs and, in accordance with
federal law and regulations and recognized engineering practices,
specify those locations where the signs shall not be erected. Sec. 4931.47. (A) In accordance with Chapters 4901.,
4903., 4905., 4909., and 4931. of the Revised Code, the public
utilities commission shall determine the just, reasonable, and
compensatory rates, tolls, classifications, charges, or rentals
to be observed and charged for the wireline telephone network portion
of a
basic and or enhanced 9-1-1 system, and
each telephone company that is a wireline service provider
participating in the system shall be subject to such chapters, to
the extent they apply, as to the service provided by its portion
of the wireline telephone network for the system as described in the final plan
or
to be installed pursuant to agreements under section 4931.48 of
the Revised Code, and as to the rates, tolls, classifications,
charges, or rentals to be observed and charged for that service. (B) Only the customers of a participating telephone
company described in division (A) of this section that are
served within the area covered by a 9-1-1 system
shall pay the recurring rates for the maintenance and operation
of the company's portion of the wireline telephone network in providing 9-1-1
service of the system. Such rates
shall be computed by dividing the total monthly recurring rates
set forth in a telephone the company's schedule as filed in
accordance with section 4905.30 of the Revised Code, by the total
number of residential and business customer access lines, or
their equivalent, within the area served. Each residential and
business customer within the area served shall pay the recurring
rates based on the number of its residential and business
customer access lines or their equivalent. No company may shall
include such amount on any customer's bill until the company has
completed its portion of the wireline telephone network in accordance
with
the terms, conditions, requirements, and specifications of the
final plan or an agreement made under section 4931.48 of the
Revised Code. (C)(1) Except as otherwise provided in division (C)(2)(a) or
(b) of
this section, a participating telephone company described in division
(A) of this section may receive through the credit authorized by
section 5733.55 of the Revised Code the total nonrecurring charges for its portion of the
wireline telephone
network used in providing 9-1-1 service,
of the system, including wireless 9-1-1, and the total nonrecurring
charges for any updating or modernization of that wireline
telephone network in accordance with the terms, conditions,
requirements, and specifications of the final plan or pursuant
to agreements under section 4931.48 of the
Revised
Code,
as any such charges are set forth in the
schedule filed by a telephone company in accordance with section
4905.30 of the Revised Code, on completion of the installation of
the network in accordance with the terms, conditions,
requirements, and specifications of the final plan or pursuant to
section 4931.48 of the Revised Code shall be recovered by the
company through the credit authorized by section 5727.39 of the
Revised Code. As applicable, the receipt of those charges shall occur only upon the
completion of the
installation of the network or the completion of the updating or
modernization. (2)(a) The credit shall not be allowed under division
(C)(1) of this section for the upgrading of a
system from basic to enhanced wireline 9-1-1 service when if
both of the following apply: (a)(i) The telephone company received the credit for the
wireline telephone network portion of the basic 9-1-1 system now proposed
to be upgraded; and.
(b)(ii) At the time the final plan or agreement pursuant to
section 4931.48 of the Revised Code calling for the basic 9-1-1
system was agreed to, the telephone company was capable of
reasonably meeting the technical and economic requirements of
providing the wireline telephone network portion of an enhanced 9-1-1
system within the territory proposed to be upgraded, as
determined by the public utilities commission under division (A)
or (H) of section 4931.41 or division (C) of section 4931.48 of
the Revised Code.
(b) The credit shall not be allowed
under division (C)(1) of this
section for any portion of the total nonrecurring charges for
the wireline telephone network used in providing wireless 9-1-1,
as set forth in the schedule filed by the telephone company in
accordance with section 4905.30 of the
Revised Code, to the extent the
telephone company, in otherwise providing 9-1-1 service,
previously received those charges through the credit authorized
by section 5733.55 of the
Revised Code, or receives or received those charges from a
wireless service provider pursuant to a tariff or contract. (3) When the credit is not allowed under division (C)(2)(a)
of this section, the total nonrecurring charges for the wireline
telephone
network used in providing 9-1-1 service, as set forth in the
schedule filed by a telephone company in accordance with section
4905.30 of the Revised Code, on completion of the installation of
the network in accordance with the terms, conditions,
requirements, and specifications of the final plan or pursuant to
section 4931.48 of the Revised Code, shall be paid by the
municipal corporations and townships with any territory in the
area in which such upgrade from basic to enhanced 9-1-1 service
is made. (D) Where customer premises equipment for a public safety
answering point is supplied by a telephone company that is
required to file a schedule under section 4905.30 of the Revised
Code pertaining to customer premises equipment, the recurring and
nonrecurring rates and charges for the installation and
maintenance of the equipment specified in the schedule shall
apply. Sec. 4931.48. (A) If a final plan is disapproved under
division (B) of section 4931.44 of the Revised Code, by
resolution, the legislative authority of a municipal corporation
or township that contains at least thirty per cent of the
county's population may establish within its boundaries, or the
legislative authorities of a group of municipal corporations or
townships each of which is contiguous with at least one other
such municipal corporation or township in the group, together
containing at least thirty per cent of the county's population,
may jointly establish within their boundaries a 9-1-1 system.
For this that purpose, the municipal corporation or township may enter
into an agreement, and the contiguous municipal corporations or
townships may jointly enter into an agreement with a one or more telephone
company providing service in the municipal corporations or
townships to provide for the telephone network portion of the
system companies. (B) If no resolution has been adopted to convene a 9-1-1
planning committee under section 4931.42 of the Revised Code, but
not sooner than eighteen months after the effective date of such
section, by resolution, the legislative authority of any
municipal corporation in the county may establish within its
boundaries, or the legislative authorities of a group of
municipal corporations and townships each of which is contiguous
to at least one of the other such municipal corporations or
townships in the group may jointly establish within their
boundaries, a 9-1-1 system. The For that purpose, the municipal corporation, or
contiguous municipal corporations and townships, may enter into
an agreement with a one or more telephone company serving customers within the boundaries of the municipal corporation or contiguous
municipal corporations and townships, to provide for the
telephone network portion of a 9-1-1 system companies. (C) Whenever a telephone company that is a wireline service provider
and one or more municipal
corporations and townships enter into an agreement under division (A) or (B) of this
section to provide for the wireline telephone network portion of a basic
9-1-1 system, the telephone company shall so notify the public
utilities commission, which shall determine whether the telephone
company is capable of reasonably meeting the technical and
economic requirements of providing the wireline telephone network for
an
enhanced system within the territory served by the company and
covered by the agreement. The determination shall be made solely
for the purposes of division (C)(2) of section 4931.47 of the
Revised Code. (D) Within three years from the date of entering into an
initial agreement under division (A) or (B) (C) of this section, the
telephone company shall have installed
the wireline telephone network
portion of the 9-1-1 system according to the terms, conditions,
requirements, and specifications set forth in the agreement. (E) The A telephone company that is a wireline service
provider shall recover the cost of
installing the wireline telephone network system pursuant to agreements
made under this section as provided in sections 4931.47 and
5727.39 of the Revised Code.
Sec. 4931.49. (A)(1) The state, the state highway patrol, or
a subdivision participating in a 9-1-1 system established under sections
4931.40 to 4931.71 of the Revised Code or in any other public safety calling or alerting system under contract with state or local government and any officer,
agent, or employee, or independent contractor of the state, the state highway patrol, or such a
participating subdivision is not liable in damages in a civil
action for injuries, death, or loss to persons or property
arising from any act or omission, except willful or wanton
misconduct, in connection with developing, adopting, or approving
any final plan or any agreement made under section 4931.48 of the
Revised Code or otherwise bringing into operation a the 9-1-1 system
pursuant to those provisions sections 4931.40 to 4931.71 of the Revised Code. (2) The Ohio 9-1-1
council, the wireless 9-1-1 advisory group, and any member of
that council or group are not liable in damages in a civil
action for injuries, death, or loss to persons or property
arising from any act or omission, except willful or wanton
misconduct, in connection with the development or operation of a
9-1-1 system established under sections 4931.40 to 4931.71 of
the Revised Code. (B) Except as otherwise provided in sections 701.02 and
section 4765.49 of the Revised Code, an individual who gives emergency
instructions through a 9-1-1 system established under sections
4931.40 to 4931.54 4931.71 of the Revised Code or through
any other public safety calling or alerting system under contract with state or local
government, and the
principals for
whom the person acts, including both employers and independent
contractors, public and private, and an individual who follows
emergency instructions and the principals for whom that person
acts, including both employers and independent contractors,
public and private, are not liable in damages in a civil action
for injuries, death, or loss to persons or property arising from
the issuance or following of emergency instructions, except where
the issuance or following of the instructions constitutes willful
or wanton misconduct. (C) A telephone company, and any other installer,
maintainer, or provider, through the sale or otherwise, of
customer premises equipment, and their respective officers,
directors, employees, agents, and suppliers are not liable in
damages in a civil action for injuries, death, or loss to persons
or property incurred by any person resulting from such an
entity's or its officers', directors', employees', agents', or
suppliers' participation in or acts or omissions in connection
with that participation participating in or developing, maintaining, or operating a 9-1-1 system, whether that system is
established pursuant to sections 4931.40 to 4931.54 4931.71 of
the
Revised Code or otherwise in accordance with the telephone
company's schedules regarding 9-1-1 systems filed with the public
utilities commission pursuant to section 4905.30 of the Revised
Code by a telephone company that is a wireline service provider; or in
connection with participating in or developing,
maintaining,
or operating any other public safety calling or alerting system under contract with state or local government. (D) No person shall knowingly use the telephone number of
the a 9-1-1 system established under sections 4931.40 to
4931.71 of the Revised Code or of any other public safety calling or alerting system under contract
with state or local government to report an emergency if the person knows
that no
emergency exists. (E) No person shall knowingly use a 9-1-1
system, or any other public safety calling or alerting system under contract with
state or local government, for a purpose other than obtaining emergency
service. (F) No person shall disclose or use, for any purpose other
than for the 9-1-1 system, any information concerning telephone
numbers, addresses, or names obtained from the data base that
serves the public safety answering point of a 9-1-1 system
established under sections 4931.40 to 4931.54 4931.71 of the
Revised
Code, except that for any of the following purposes or under any of the following
circumstances: (1) For the purpose of the 9-1-1 system; (2) For the purpose of another public safety calling or alerting system under contract with state or local government; (3) For the purpose of responding to an emergency call to an emergency
service provider; (4) In the circumstance of the inadvertent disclosure of such information
due solely to technology of the wireline telephone network portion of the
9-1-1 system not allowing access to the data base to be restricted to 9-1-1
specific answering lines at a public safety answering point; (5) In the circumstance of assistance given by a telephone company may disclose or use such information that is a wireline service provider to
assist a public utility or municipal utility in handling customer calls in
times of public emergency or service outages. The charge, terms, and
conditions for the disclosure or use of such information by the telephone
company for the purpose of such assistance shall be subject to the jurisdiction of the public utilities
commission. In no event shall such information be disclosed or used for any
purpose not permitted by this division.
Sec. 4931.50. (A) The attorney general, upon request of the public utilities
commission or on the attorney general's own initiative,
shall begin proceedings against a
subdivision or telephone company that is a wireline service provider to enforce compliance with sections 4931.40
to
4931.54 4931.71 of the Revised Code, or with the terms,
conditions, requirements, or
specifications of a final plan or of an agreement under section 4931.48 of the
Revised Code as to wireline or wireless 9-1-1. (B) The attorney general, upon the
attorney general's own initiative, or any prosecutor, upon
the prosecutor's initiative, shall begin proceedings against a
subdivision as to wireline or wireless 9-1-1
to enforce compliance
with sections 4931.40 to 4931.71 of the
Revised Code
or with the terms, conditions, requirements, or
specifications of a final plan or of an agreement under section
4931.48 of the Revised Code as to wireline
or wireless 9-1-1.
Sec. 4931.60. There is hereby created in the department of public safety the 9-1-1 services program, headed by an Ohio 9-1-1 coordinator in the unclassified civil service pursuant to division (A)(9) of section 124.11 of the Revised Code. The coordinator shall be appointed by and serve at the pleasure of the governor and shall report directly to the director of public safety. In making the appointment, the governor shall consider nominees proposed by the Ohio 9-1-1 council pursuant to section 4931.69 of the Revised Code, but may request the council to submit additional nominees and may reject any of the nominees. The director of public safety shall fix the compensation of the coordinator. The performance of the coordinator shall be evaluated by the director after considering the evaluation and recommendations of the council under section 4931.69 of the Revised Code. The Ohio 9-1-1 coordinator shall
administer the wireless 9-1-1 service funds under sections
4931.60 to 4931.71 of the
Revised Code and otherwise carry out
the coordinator's duties under those sections. The director of public safety may establish additional duties of the coordinator based on a list of recommended duties submitted by the Ohio 9-1-1 council pursuant to section 4931.69 of the Revised Code. The director may
assign one or more employees of the department to assist the coordinator in
carrying out the coordinator's duties. Additionally, the public utilities commission shall
provide the coordinator with any technical assistance the coordinator
requests in carrying out those duties. Sec. 4931.61. (A) As used in sections 4931.61 to 4931.71 of the Revised Code, "effective date of the
wireless 9-1-1 charge"
means, as applicable, the first day of the third month following
the effective date of sections 4931.40 to 4931.71 of the
Revised Code as amended or enacted by
.B. of the 125th general assembly; the first day of the
respective budget biennium for which the Ohio 9-1-1 coordinator submits a recommendation under section 4931.70 of the
Revised
Code; or the first day of the
third month following the effective date of an act adjusting
the amount of the wireless 9-1-1 charge, unless the act establishes another
effective date for the adjustment. (B) Beginning on the
effective date of the wireless 9-1-1 charge,
there is hereby imposed,
on each wireless telephone number of a wireless service
subscriber who has a billing address in this state, a wireless
9-1-1 charge in such amount per month as is prescribed
pursuant to section 4931.71 of the
Revised Code. The subscriber shall pay
the wireless 9-1-1 charge for each such wireless
telephone number assigned to the subscriber. Each wireless
service provider and each reseller of wireless service shall collect the
wireless 9-1-1 charge
from its subscribers as part of the wireless provider's
or reseller's monthly billing process and as a separate line item on the
monthly bill and shall designate that the charge is a charge for
wireless enhanced 9-1-1. However, for any subscriber of prepaid wireless service, the wireless service provider or reseller shall collect the charge at the point of sale or, if the subscriber has a positive account balance on the last day of the month, shall collect the charge by reducing the subscriber's account at the end of each such month by the amount of the charge or an equivalent number of air time minutes. (C) The wireless 9-1-1 charge shall be
exempt from state or local taxation. Sec. 4931.62. (A)(1) Beginning with the second month
following the month in which the wireless 9-1-1 charge
is first imposed under section 4931.61 of the Revised Code, a wireless
service provider or reseller of wireless service, not later than the last day
of each month,
shall remit the full amount of all wireless 9-1-1
charges it collected for the second preceding calendar month to
the Ohio 9-1-1 coordinator, with the exception of charges equivalent to the
amount authorized as a billing and collection fee under division
(A)(2) of this section. In doing so, the provider or reseller may remit the requisite amount in any reasonable manner consistent with its existing operating or technological capabilities, such as by customer address, location associated with the wireless telephone number, or another allocation method based on comparable, relevant data. If the
wireless service provider or reseller receives a partial payment for a bill
from a wireless service subscriber, the wireless service
provider or reseller shall apply the payment first against the amount the
subscriber owes the wireless service provider or reseller and shall remit to
the coordinator such lesser amount, if any, as results from that
invoice. (2) A wireless service provider or reseller of wireless service may retain
as a billing
and collection fee two per cent of the total wireless 9-1-1 charges it collects in any month and shall account to
the coordinator for the amount retained. (B) Each subscriber on which a wireless 9-1-1 charge is imposed under
division (B) of section 4931.61 of the Revised Code is liable to the state for the amount so billed.
If a wireless service provider or reseller fails to collect a charge as required by that division, the wireless service provider or reseller is liable to the state
for the amount not collected. If a wireless service provider or reseller
collects charges under that division and fails to remit the money
to the coordinator, the wireless service provider or reseller is liable to the
state for any amount collected and not remitted. (C)(1) Based upon information in the tax commissioner's possession, the tax commissioner may make an assessment against any provider or reseller described in division (B) of this section that fails to collect or remit the wireless 9-1-1 charge as required by this section. The tax commissioner shall give the assessed party written notice of the assessment in the manner provided in section 5703.37 of the Revised Code. With the notice, the tax commissioner shall provide instructions on how to petition for reassessment and how to request a hearing on the petition. An assessment does not discharge a subscriber's liability to reimburse the provider or reseller for the wireless 9-1-1 charge. (2) When information in the possession of the tax commissioner indicates that the amount required to be collected or remitted is greater than the amount remitted by the provider or reseller, the tax commissioner may audit a sample of the provider's or reseller's collections and remittances for a representative period and may issue an assessment based on that audit. The tax commissioner shall make a good faith effort to reach agreement with the provider or reseller in selecting a representative sample. The tax commissioner may issue an assessment for any remittance that was due and unpaid on the date the provider or reseller was informed of the audit by an agent of the tax commissioner. If, after the provider or reseller was informed of the audit, a subscriber pays a wireless 9-1-1 charge for the period covered by the assessment, the payment shall be credited against the assessment.
(3) The portion of any assessment not paid within sixty days after the date of service of the assessment notice shall bear interest from that date until paid at the rate per annum prescribed by section 5703.47 of the Revised Code. Interest shall be remitted in the same manner as the wireless 9-1-1 charge and may be collected by making an assessment under this division.
(4) An assessment is final and due and payable to the treasurer of state and shall be remitted to the tax commissioner, unless the assessed party, either personally or by certified mail within sixty days after the date of service of the assessment notice, files with the tax commissioner a written petition for reassessment, signed by the party or its authorized agent having knowledge of the facts. The petition shall indicate the objections of the assessed party, but additional objections may be raised in writing if received by the tax commissioner prior to the date shown on the final determination. If the petition has been properly filed, the tax commissioner shall proceed in a manner consistent with section 5703.60 of the Revised Code.
(5) After an assessment becomes final, if any portion of the assessment remains unpaid, including accrued interest, a certified copy of the tax commissioner's entry making the assessment final may be filed in the office of the clerk of the court of common pleas in the county in which the place of business of the assessed party is located. If the party maintains no place of business in this state, the certified copy of the entry may be filed in the office of the clerk of the court of common pleas of Franklin county. Immediately upon the filing, the clerk shall enter a judgment for the state against the assessed party in the amount shown on the entry. The judgment may be filed by the clerk in a loose-leaf book entitled "special judgments for wireless 9-1-1 charges" and shall have the same effect as other judgments. The judgment shall be executed upon the request of the tax commissioner. (6) All money collected by the tax commissioner under this division shall be paid to the treasurer of state, for deposit to the credit of the wireless 9-1-1 service funds. Sec. 4931.63. (A) There is hereby created the
wireless 9-1-1 administrative fund in the state treasury. A sufficient
percentage, determined by the Ohio 9-1-1 coordinator but not to exceed two
per cent, of the periodic remittances of the wireless 9-1-1 charge to the coordinator under section
4931.62 of the Revised
Code shall be deposited to the credit of
the fund, to be used by the director of public safety to cover such
nonpayroll costs and, at the discretion of the director such payroll costs, of
the department of public safety as are incurred in
assisting the coordinator in carrying out sections 4931.60 to 4931.71 of the
Revised Code. In addition, the compensation and expenses of the coordinator shall be paid from the fund. (B) There are hereby
created the wireless 9-1-1 government assistance fund and the wireless 9-1-1 service provider reimbursement fund, both of
which shall be in the custody of the treasurer of state but
shall not be part of the state treasury. Except as otherwise provided under division (C)(2) of section 4931.71 of the Revised Code, one-half of the periodic remittances of the wireless 9-1-1 charge to the
Ohio 9-1-1 coordinator pursuant to section 4931.62 of the
Revised
Code, remaining after the
deposit required by division
(A) of this section, shall be
deposited to the credit of the wireless 9-1-1 government assistance fund and the wireless 9-1-1 service provider reimbursement fund,
respectively. The treasurer of state shall deposit or invest the moneys
in these funds in accordance with
Chapter 135. of the
Revised Code and any other provision of
law governing public moneys of the state as defined in section
135.01 of the Revised
Code. The treasurer of state shall
credit the interest earned to the respective fund. The
treasurer of state shall disburse money from the funds solely upon order
of the coordinator as authorized under sections
4931.64 and 4931.66 of the
Revised Code. Annually, the treasurer of state
shall certify to the coordinator the amount of moneys in the
treasurer of state's custody belonging to each fund. Sec. 4931.64. (A) Prior to the first
disbursement under this section and annually not later than the
twenty-fifth day of July
thereafter, the Ohio 9-1-1 coordinator shall do all of the
following: (1) Determine, for the county, the number of wireless
telephone numbers assigned to wireless service subscribers who
have billing addresses within each countywide 9-1-1 system; (2) To the extent that the state highway patrol operates within all or part of a county as a public safety answering point for wireless 9-1-1 calls, not pursuant to a final plan under section 4931.44 of the Revised Code or an agreement under division (J) of section 4931.42 of the Revised Code but by default solely due to a wireless service provider so routing all such calls of its subscribers without prior permission, determine for the state highway patrol the number of wireless telephone numbers assigned to wireless service subscribers of that wireless service provider who have billing addresses within the county. Such numbers shall not be counted under division (A)(1) of this section. (3) Determine under that circumstance the state highway patrol's, and under division (A)(1) of this section each such county's, proportionate share of
the wireless 9-1-1 government assistance fund for the ensuing
calendar year on the basis set forth in division
(B) of this section; estimate
the ensuing calendar year's fund balance; compute each such county's
estimated proceeds for the ensuing calendar year based on its
proportionate share and the estimated fund balance; and certify such amount of proceeds to the county auditor of each such county. (B)(1) The Ohio 9-1-1 coordinator, not later than the last day of each month, shall disburse the amount
credited as remittances to the wireless 9-1-1 government
assistance fund during the second preceding month,
plus any accrued interest on the fund except interest accrued on set aside moneys under division (B)(2) of this section. The disbursement
shall be paid to each county treasurer, and to the state treasurer in the case of a disbursement to the state highway patrol as provided under division (A)(2) of this section.
For the first three years of disbursements, except as provided under division (B)(2) of
this section, the amount to be so disbursed monthly shall be a proportionate share of the wireless 9-1-1 government
assistance fund balance based on the
ratio between the following: (a) As determined for each county or for the state highway patrol by the Ohio 9-1-1 coordinator pursuant to division (A) of section 4931.67 of the Revised Code, the number of wireless telephone numbers assigned
to wireless service subscribers who have billing addresses
within the respective countywide 9-1-1 system during the second preceding month or, for the state highway patrol, within the county during such month; and
(b)
The
total number of wireless telephone numbers assigned to
subscribers who have billing addresses within
this state. However, the disbursement for each county and the state highway patrol shall not be less than twenty-five thousand dollars annually. After that time, only each county that has adopted a final plan for countywide provision of wireless enhanced 9-1-1, and the state highway patrol as provided under division (A)(2) of this section, shall receive a monthly disbursement in the amount of a proportionate
share of the fund balance based on the ratio between the number of
wireless telephone numbers assigned to wireless service subscribers who
have billing addresses within the countywide 9-1-1 system or, for the state highway patrol, within the county, as such number is determined by the coordinator pursuant to division (A) of section 4931.67 of the Revised Code, and the total number of wireless telephone numbers assigned to
subscribers who have
billing addresses within all such countywide systems and counties. (2) The coordinator shall not make a disbursement under division
(B)(1) of this section to a county for which a final plan for the
countywide provision of wireless enhanced 9-1-1 has not been adopted in
accordance with sections 4931.40 to 4931.71 of the Revised Code but instead shall retain in the wireless
9-1-1 government assistance fund an amount equal to what would be the county's
disbursement, to be set aside for that county for the first three years of
disbursements under division (B)(1) of this section and until
notification to the coordinator that a final plan for the provision of countywide wireless
enhanced 9-1-1 has been adopted in accordance with sections 4931.40
to 4931.71 of the Revised Code. Upon that notification,
the coordinator shall disburse and pay to the county treasurer the total amount so accrued for the county plus any interest
accrued on the amount set aside. Any moneys and interest so
retained and not disbursed by the end of the third year of
disbursements under division (B)(1) of this section shall be
disbursed pursuant to that division to each
county for which a final plan for the countywide provision of wireless enhanced
9-1-1 has been
adopted in accordance with sections 4931.40 to 4931.71 of the
Revised Code. (3)(a) Immediately upon
receipt by a county treasurer of a disbursement under division (B)(1) or (2) of this section, the county shall
disburse, in accordance with the allocation formula set forth in
the final plan, the amount the county so received to those
subdivisions in the county that pay the costs of a public
safety answering point providing wireless enhanced 9-1-1 under the plan. (b) Immediately upon receipt by the state treasurer of a disbursement under division (B)(1) of this section, the state treasurer shall deposit the disbursement to the credit of the SHP wireless 9-1-1 fund, which is hereby created in the state treasury, to be used by the state highway patrol for the purpose of paying any costs of a public safety answering point it operates as described in division (A)(2) of section 4931.64 of the Revised Code that otherwise would be eligible costs under division (A) or (B) of section 4931.65 of the Revised Code. (C) Nothing in sections
4931.40 to 4931.71 of the
Revised Code affects the authority of a
subdivision operating or served by a public safety answering point of a
countywide 9-1-1 system to use, as provided in the final plan for the system, any other authorized revenue of
the subdivision for the purposes of providing wireline 9-1-1 or
wireless 9-1-1 through the system. Sec. 4931.65. The countywide 9-1-1
system of each county receiving a disbursement under division
(B) of section 4931.64 of the
Revised Code shall provide countywide
wireless enhanced 9-1-1 in accordance with sections 4931.40 to
4931.71 of the Revised Code, beginning as soon as
reasonably possible after receipt of the first disbursement
under division (B) of section
4931.64 of the Revised Code, or if that service is
already implemented, shall continue to provide such service. A
disbursement under division (B)(3)
of section 4931.64 of the
Revised Code shall be used solely for
the purpose of paying any of the following: (A) Any costs of designing, upgrading, purchasing,
leasing, programming, installing, testing, or maintaining the
necessary data, hardware, software, and trunking required for
the public safety answering point or points of the 9-1-1
system to provide wireless enhanced 9-1-1, which
costs are incurred before or on or after the effective date of this
section and consist of such additional costs of the 9-1-1 system
over and above any costs incurred to provide wireline
9-1-1; (B) Any costs of staffing, and training staff of, the
public safety answering points of the 9-1-1 system,
which costs result from the answering, routing, or
proper disposition of wireless 9-1-1 calls, are incurred before or on or
after the effective date of this section, and consist of such
additional costs of the 9-1-1 system over and above any costs
incurred to provide wireline 9-1-1. The costs described in divisions
(A) and (B) of this section
may include any such costs payable pursuant to an agreement
under division (J) of section
4931.41 of the Revised Code. Sec. 4931.66. (A) In accordance with
this section, the Ohio 9-1-1 coordinator shall authorize
payment of a specified amount of moneys from the wireless 9-1-1
service provider reimbursement fund to a wireless service
provider that submits an invoice to the coordinator. The invoice shall contain an itemization of those eligible costs the
wireless service provider incurred before or on or after the effective
date of this section, either directly or through contractors, to
comply with 47
C.F.R.
20.18 (d) to (h) and for which the wireless service provider is seeking reimbursement
pursuant to the invoice. Eligible costs under this section
consist only of the costs to the wireless service provider of
upgrading, purchasing, maintaining, programming, or installing
any necessary data, hardware, or software, and any associated
administrative costs and overhead, and exclude any profit or
other return on investment. The invoice submitted to the coordinator shall be accompanied both by adequate supporting
documentation of the eligible costs for which the wireless
service provider is seeking reimbursement, including a copy of the wireless service provider's acknowledgement of the governmental request for wireless enhanced 9-1-1 that generated those costs, and by a certification
signed by an officer of the wireless service provider or the officer's
designee as to both of the following: (1) The total amount of costs shown on the invoice represents such eligible costs as the wireless service provider
incurred
before or on or after the effective date of this section, either directly
or through contractors, to comply with 47
C.F.R.
20.18(d) to (h). (2) The total amount of costs shown on the invoice does not exceed one hundred twenty-five per cent of the total amount of those wireless 9-1-1 charges both remitted by the wireless service provider to the coordinator
under section 4931.62 of the Revised Code in the second month
preceding the month in which the invoice is submitted and credited to the wireless 9-1-1 service provider reimbursement fund under section 4931.63 of the Revised Code; or the
wireless service provider has received prior written approval
under division (D)(3) of
section 4931.70 of the Revised
Code to submit an invoice that exceeds that cap. (B) Except as otherwise provided in division (C) of this section, payment to a wireless service provider under this section
shall be made not later than one month after the date on which the
coordinator receives from the wireless service provider a certified
invoice and
adequate supporting documentation in compliance with division (A) of this section and with
any rules adopted under
section 4931.68 of the Revised Code. The coordinator shall not
establish by rule or otherwise any other standard for or condition regarding
payment. The amount authorized for payment to a
wireless service provider under this section and so paid
shall equal the total amount of costs shown on the invoice as certified unless the total amount of all certified invoices submitted to the coordinator in a given month exceeds the amount in the wireless 9-1-1 service provider reimbursement fund. In that case, payment shall be subject to both of the following
conditions: (1) The amount authorized for reimbursement
to a particular wireless service provider shall be a pro rata share of the wireless 9-1-1 service provider reimbursement fund balance
at the time of payment, based on the total dollar amount of the
wireless service provider's certified invoice relative to the
total dollar amount of all certified invoices submitted that month. (2) The balance of the certified invoices shall be carried forward to the following month or months, as necessary, until all of the authorized reimbursements are made, with any
such later payment subject to the payment of interest at the rate prescribed in section 126.30 of the Revised Code. (C) The coordinator shall deny reimbursement to a wireless service provider if the coordinator determines that the provider has failed to submit the certification required by division (A)(1) of this section and shall deny reimbursement of a particular itemized cost if the coordinator, in consultation with the wireless 9-1-1 advisory board, determines that it is not an eligible cost specified in division (A) of this section or it lacks adequate supporting documentation. Denial of reimbursement based on either of the latter two determinations is subject to adjudication under sections 119.01 to 119.13 of the Revised Code. Payment of any reimbursement as a result of such adjudication shall be within one month after the date of issuance of a decision in the adjudication and shall be subject to divisions (B)(1) and (2) of this section.
(D)
In carrying out divisions (A) to (C) of
this section, the Ohio 9-1-1 coordinator shall ensure that no wireless service provider is
reimbursed for a cost for which any wireless service provider has already been
reimbursed in the case of wireless enhanced 9-1-1 technology shared by two or
more wireless service providers. (E) A certification
submitted under this section is a statement for the purpose of
division (A)(4) of section
2921.13 of the Revised Code. Sec. 4931.67. (A)(1) A wireless service provider,
and each subdivision operating one or more public safety
answering points for a countywide system providing wireless
9-1-1, shall provide the Ohio 9-1-1 coordinator with such
information as the coordinator requests for the purposes of
carrying out the coordinator's duties under sections 4931.60 to
4931.71 of the Revised
Code, including, but not
limited to, duties regarding the collection of the wireless
9-1-1 charge and regarding the provision of a report
under division (B) of section
4931.71 of the Revised Code. (2) A wireless service provider shall provide an official, employee, agent, or representative of a subdivision operating a public safety answering
point, or of the state highway patrol as described in division (A)(2) of section 4931.64 of the Revised Code, with such technical, service, and location information as
the official, employee, agent, or representative requests for the purpose of providing
wireless 9-1-1 pursuant to sections 4931.40 to 4931.71 of the
Revised Code. (3) A subdivision operating one or more public safety
answering points of a 9-1-1 system, and a telephone company,
shall provide to the
Ohio 9-1-1 council such information as the
council requires for the purpose of making any recommendation or report pursuant to division (D)(2) of section 4931.69 of the Revised Code. (B)(1) Any information
provided under division (A) of
this section that consists of trade secrets as defined in
section 1333.61 of the Revised Code or of information
regarding the customers, revenues, expenses, or network information of a
telephone
company shall be confidential and
does not constitute a public record for the purpose of section
149.43 of the Revised Code. (2) The director of public safety, the Ohio 9-1-1 coordinator, and any official, employee,
agent, or representative of the director or coordinator, of the state highway patrol or another law enforcement agency functioning as a public safety answering point, or of a subdivision
operating a public safety answering point, while acting or
claiming to act in the capacity of the director or coordinator or such official, employee,
agent, or representative, shall not disclose any information
provided under division (A) of
this section regarding a telephone company's
customers, revenues, expenses, or network information. Nothing in
division (B)(1) of this section
precludes any such information from being aggregated and
included in any report required under division
(D)(2) of section 4931.69 of
the Revised Code or division
(B) of section 4931.71 of the
Revised
Code, provided the aggregated
information does not identify the number of any particular
company's customers or the amount of its revenues
or expenses or identify a particular company as to any network
information. Sec. 4931.68. The director of public safety, in consultation with the Ohio 9-1-1 coordinator, shall adopt rules in accordance
with Chapter 119. of the
Revised Code to carry out sections
4931.60 to 4931.71 of the
Revised
Code, including rules
concerning the disbursement of moneys from the wireless 9-1-1
government assistance fund and the wireless 9-1-1 service
provider reimbursement fund and specifying what constitutes
adequate supporting documentation under division (A) of section
4931.66 of the
Revised Code; rules prescribing the
necessary accounting for a wireless service provider's or reseller's billing
and collection fee under division
(B)(2) of section 4931.62 of
the Revised Code; and rules establishing a
fair and reasonable process for recommending the amount of the
wireless 9-1-1 charge as authorized under division
(B) of section 4931.71 of the
Revised
Code. Sec. 4931.69. (A) There is hereby
created the Ohio 9-1-1 council,
consisting of eleven members as follows: the Ohio 9-1-1 coordinator; a designee of the public utilities
commission, selected by the commission
chairperson; and nine members appointed by the governor. In
appointing the nine members, the governor shall select one
representative of public safety communications officials in this
state, one representative of administrators of 9-1-1 service in
this state, one representative of countywide 9-1-1 systems in
this state, three representatives of wireline service providers in this
state, and three representatives of wireless service providers
in this state. For each such appointment, the governor shall
consider a nominee proposed, respectively, by the
Ohio chapter of the association
of public-safety communications officials, the
Ohio chapter of the national
emergency number association, the county commissioners
association of Ohio; and nominees proposed, respectively, by the
Ohio telecommunications
industry association and the wireless operators of
Ohio; or any successor
organization of each such entity. Initial appointments shall be made not later than thirty
days after the effective date of this section. Nothing in this section shall prevent the governor from rejecting any of the
nominees or requesting that a nominating entity under this
division submit the names of alternative nominees for
consideration. (B) The term of the
initial appointee to the council representing public safety
communications officials and the terms of one of the initial appointees representing wireline service providers and one representing wireless service providers shall expire on
January 31, 2007. The term of
the initial appointee to the council representing administrators of 9-1-1 service and the terms of another one of the initial appointees representing wireline service providers and another representing wireless service providers shall expire on
January 31, 2008. The term of
the initial appointee to the council representing countywide
9-1-1 systems and the terms of another one of the initial appointees representing wireline service providers and another representing wireless service providers shall expire on
January 31, 2009. Thereafter,
terms of appointed members shall be for three years, with each
term ending on the same day of the same month as the term it
succeeds. Each council member shall hold office from the date
of the member's appointment until the end of the term for which
the member was appointed. Members may be reappointed. Vacancies shall be filled in the manner provided for original
appointments. Any member appointed to fill a vacancy occurring
prior to the expiration date of the term for which the member's
predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office after
the expiration date of the member's term until the member's
successor takes office or until a period of sixty days has
elapsed, whichever occurs first. Appointed members shall serve
without compensation and shall not be reimbursed for expenses. (C) The council shall
select a chairperson from among the appointed members. Each appointed member shall have
one vote in all deliberations of the council. The Ohio 9-1-1 coordinator shall
be a voting member of the council only in the case of a tie but shall not be eligible to vote on a matter described in division (D)(3) of this section. A
majority of the voting members constitutes a quorum. (D) The duties of the
council shall consist of all of the following: (1) Arbitrating or establishing relative to 9-1-1 systems in this state nondiscriminatory, competitively neutral,
and uniform
technical and operational standards consistent with recognized industry standards and federal law. This authority does not include authority to prescribe the technology that a telephone company or reseller uses to deliver 9-1-1 calls. (2) Conducting research and providing to the Ohio 9-1-1 coordinator, including, as necessary, for the purpose of the coordinator reporting to the general assembly, recommendations or reports regarding any wireline and wireless 9-1-1 issues, any improvements in the provision of service by 9-1-1 systems in this state, or any
legislation or policies concerning such systems; (3) Regarding the position of Ohio 9-1-1 coordinator, submitting names of nominees and recommended duties as authorized under section 4931.60 of the Revised Code and, at least biennially, conducting and submitting with recommendations to the director of public safety a performance evaluation of the coordinator. (E) The council is not
an agency, as defined in section 101.82 of the Revised Code, for purposes of sections 101.82 to 101.87 of the Revised Code. Sec. 4931.70.
(A) There is hereby created the wireless 9-1-1 advisory group, consisting of the Ohio 9-1-1 coordinator, the Ohio 9-1-1 council appointee that represents public safety communications officials, and five members appointed by the governor as
follows: one of the council appointees that represents wireless service providers in this state, whose council term expires after the council term of the council appointee representing public safety communications officials, one noncouncil representative of wireless service providers in this state, one noncouncil representative of public safety communications officials in this state, and two noncouncil representatives of municipal and county governments in this state. (B) The terms of the advisory
group members who are also council members shall be concurrent with their terms as members of the council, as prescribed under division (B) of section 4931.69 of the Revised Code. The terms of the initial noncouncil appointee to the
advisory group who represents wireless service providers and of one of the initial noncouncil appointees who represents municipal and county government shall expire on January 31, 2009. The terms of the initial noncouncil appointee to the advisory group representing public safety communications officials and of the other initial noncouncil appointee representing municipal and county government shall expire on January 31, 2010. Thereafter, terms of the noncouncil appointees shall be for three years, with each term ending on the same day of the same month as the term it succeeds.
The conditions of holding office, manner of filling vacancies, and other matters concerning service by any member of the advisory group shall be the same as set forth for council members under division (B) of section 4931.69 of the Revised Code. (C) The Ohio 9-1-1 coordinator
shall be the chairperson of the advisory group. Each member of the group shall be a voting member and
shall have one vote in all deliberations of the group except
that the chairperson shall vote only in the case of a tie. Excluding the coordinator, a majority of the members constitutes a quorum. (D)(1) The advisory group, excluding the Ohio 9-1-1 coordinator, shall make a recommendation regarding the amount of the wireless 9-1-1 charge
or the proportion of the remittances to be credited to each fund under division (B) of section 4931.63 of the Revised Code, or both, to be included by the coordinator in the report required by division
(B) of section 4931.71 of the
Revised Code, and consult with the
coordinator regarding that report; (2) The advisory group, excluding the coordinator, shall make recommendations to and consult with the director of public
safety and the coordinator regarding any rules to be adopted under section 4931.68 of the
Revised Code. (3) The advisory group shall provide written approval, on the basis of good
cause shown, of the submission of an invoice under division
(A)(3) of section 4931.66 of
the Revised Code for an amount that exceeds
the cap specified in that division. (E) The advisory group
is not an agency, as defined in section 101.82 of the Revised Code, for purposes of sections 101.82 to 101.87 of the Revised Code. Sec. 4931.71. (A) Except as otherwise
provided in division (C) of
this section, the wireless 9-1-1 charge shall be
sixty-five cents per month. (B) Prior to the
beginning of each budget biennium, the Ohio 9-1-1 coordinator
shall submit a report to the general assembly, in accordance with section 101.68 of the Revised Code, that contains both
of the following: (1) For the current biennium, a review of the
implementation and provision of wireless enhanced 9-1-1 in this state and
a description of how moneys disbursed from the wireless 9-1-1
service funds have been used. In preparing this portion of the
report, the coordinator shall consult with the wireless 9-1-1
advisory group. (2) The coordinator's recommendations of the wireless 9-1-1 charge and the proportion of the remittances to be credited to each fund created under division (B) of section 4931.63 of the Revised Code, to apply in the coming budget biennium. With
respect to this recommendation, the report shall explain in
sufficient detail the bases for the recommended amount of the
wireless 9-1-1 charge and for the recommended crediting of remittances. The recommendations shall reflect the
minimum amount necessary during the coming budget biennium, given
any balance in the wireless 9-1-1 government assistance fund to
be carried over to that biennium and the projected revenue from
the charge, to fully cover the costs described in section
4931.65 of the Revised Code as projected for that
biennium and, given any balance in the wireless 9-1-1 service
provider reimbursement fund to be so carried over and the
projected revenue from the charge, to provide for full
reimbursement of the costs described in section 4931.66 of the
Revised Code as projected for that
period. The amount also shall reflect the minimum amount
necessary for the wireless 9-1-1 charge to cover the
costs described in division (A)
of section 4931.63 of the
Revised Code as projected for the
biennium, given the wireless 9-1-1 administrative fund balance
to be carried over, and the costs described in division (B)(3)(b) of section 4931.64 of the Revised Code, given the SHP wireless 9-1-1 fund balance to be carried over. In making a recommendation under division
(B)(2) of this section, the
coordinator shall consider any recommendation of the wireless 9-1-1
advisory group authorized under division
(D)(1) of section 4931.70 of the
Revised Code. (C)(1)(a) If the Ohio 9-1-1 coordinator's
recommendation of the wireless 9-1-1 charge under
division (B)(2) of this section
is for an amount of sixty-five cents or less per month,
the wireless 9-1-1 charge for the budget
biennium for which the recommendation was made shall be the amount of the coordinator's recommendation. (b) If the coordinator's recommendation of the
wireless 9-1-1 charge under division
(B)(2) of this section is for
an amount exceeding sixty-five cents per month, the wireless
9-1-1 charge for that budget biennium
shall be sixty-five cents per month,
unless a different amount is established by the general assembly. (2) The crediting of remittances for the coming budget biennium shall be the crediting recommended by the coordinator under division (B)(2) of this section, unless a different crediting is established by the general assembly. (D) The Ohio 9-1-1 coordinator shall submit recommendations to the general
assembly under this section at least three months, but not earlier than four
months, before the respective effective date of the wireless 9-1-1
charge as prescribed in division (A) of section 4931.61 of the Revised Code. Sec. 4931.55 4931.75. (A) As used in this section: (1) "Advertisement" means a message or material intended
to cause the sale of realty, goods, or services. (2) "Facsimile device" means a device that electronically
or telephonically receives and copies onto paper reasonable
reproductions or facsimiles of documents and photographs through
connection with a telephone network. (3) "Pre-existing business relationship" does not include
transmitting an advertisement to the owner's or lessee's
facsimile device. (B) No person shall transmit an advertisement to a
facsimile device unless the person has received prior permission
from the owner or, if the device is leased, from the lessee of
the device to which the message is to be sent to transmit the
advertisement; or the person has a pre-existing business
relationship with such owner or lessee. (C) When requested by the owner or lessee, the
transmission shall occur between seven p.m. and five a.m. This section applies to all such advertisements intended to
be so transmitted within this state. Sec. 4931.99. (A) Whoever violates division (D) of section
4931.49 of the Revised Code is guilty of a misdemeanor of the
fourth degree. (B) Whoever violates section 4931.25, 4931.26, 4931.27,
4931.30, or 4931.31 of the Revised Code is guilty of a
misdemeanor of the third degree. (C) Whoever violates section 4931.28 of the Revised Code
is guilty of a felony of the fourth degree. (D) Whoever violates section 4931.29 or division (B) of
section 4931.35 of the Revised Code is guilty of a misdemeanor in
the first degree. (E) Whoever violates division (E) or (F) of
section 4931.49 or division (B)(2) of section 4931.66
of the Revised Code is guilty of a misdemeanor of
the fourth degree on a first offense and a felony of the
fifth degree on each subsequent offense. (F) Whoever violates section 4931.55 4931.75 of the Revised
Code
is guilty of a minor misdemeanor for a first offense and a misdemeanor
of
the first degree on each subsequent offense.
Sec. 5727.39. (A) As used in this section: (1)
"9-1-1 system" has the meaning given in section
4931.40
of the Revised Code. (2)
"Nonrecurring 9-1-1 charges" means nonrecurring
charges
approved by the public utilities commission for the
telephone
network portion of a 9-1-1 system pursuant to section
4931.47 of
the Revised Code. (3)
"Eligible nonrecurring 9-1-1 charges" means all
nonrecurring 9-1-1 charges for a 9-1-1 system except: (a) Charges for a system that was not established pursuant
to a plan adopted under section 4931.44 of the Revised Code or an
agreement under section 4931.48 of the Revised Code; or (b) Charges for that part of a system established pursuant
to such a plan or agreement that are excluded from the credit by
division (C)(2)(a) or (b) of section 4931.47 of the Revised Code. (4)
"Current year's percentage change in the consumer
price
index" means the greater of one or one plus the percentage
increase in the consumer price index for all urban consumers
(U.S.
city average, all items), prepared by the United States
department
of labor, bureau of labor statistics, for
December of the
preceding year
over the index for
December of the
second
preceding
year. (B) A telephone company shall be allowed
a credit against
the
tax computed under section 5727.38 of the Revised Code equal
to
the amount of its eligible nonrecurring 9-1-1 charges. The credit shall be claimed in the company's annual
statement
required under division (A) of section 5727.31 of the
Revised Code
that covers the twelve-month period in which the
9-1-1 service for
which the credit is claimed becomes available
for use. If the tax
commissioner determines that the credit claimed
equals the amount of
the company's eligible nonrecurring 9-1-1
charges,
the
commissioner shall credit such amount against
the total taxes
shown to be due from the company for the current year and shall
refund the amount of any overpayment of taxes resulting from the
application of such credit. If the credit allowed under this
section exceeds the total taxes due for the current year,
the
commissioner shall credit such excess against taxes due for
succeeding
years
until the full amount of the credit is granted. The estimated taxes required to be paid by section 5727.31
of
the Revised Code shall be based on the taxes for the preceding
year prior to any credit allowed under this section for that
year. (C)(1) Within thirty days after June 18, 1985, the tax
commissioner shall compute the amount that represents twenty-five
per cent of the total taxes for all telephone companies computed
under section 5727.38 of the Revised Code based on the annual
statements required to be filed with the commissioner in
September, 1984, under section 5727.31 of the Revised Code. Such
amount shall constitute the credit ceiling for 1985. (2) Each
September, beginning in
2001, the
commissioner
shall
determine the credit ceiling by
multiplying the preceding
year's credit ceiling by the
preceding calendar
year's
percentage
change in the consumer price
index
for all urban consumers for the
midwest region, as
determined by the United States bureau of labor
statistics. The
product thus
obtained shall constitute the credit
ceiling for the
current year. (D) After the last day a return may be filed by any
telephone company that is eligible to claim a credit under this
section, the commissioner shall determine whether the sum of the
credits allowed for all prior years plus the sum of the credits
claimed for the current year exceeds the current year's credit
ceiling. If it does, the credits allowed under this section for
the current year shall be reduced by a uniform percentage such
that the sum of the credits allowed for the current year plus the
sum of the credits allowed for all prior years equals the current
year's credit ceiling. Thereafter, no credit shall be granted
under this division, except for the remaining portions of any
credits allowed in the current or any prior years
that have
not
been granted.
Sec. 5733.55. (A) As used in this section:
(1) "9-1-1 system" has the same meaning as in section 4931.40 of the Revised Code.
(2) "Nonrecurring 9-1-1 charges" means nonrecurring charges approved by the public utilities commission for the telephone network portion of a 9-1-1 system pursuant to section 4931.47 of the Revised Code.
(3) "Eligible nonrecurring 9-1-1 charges" means all nonrecurring 9-1-1 charges for a 9-1-1 system, except both of the following:
(a) Charges for a system that was not established pursuant to a plan adopted under section 4931.44 of the Revised Code or an agreement under section 4931.48 of the Revised Code;
(b) Charges for that part of a system established pursuant to such a plan or agreement that are excluded from the credit by division (C)(2)(a) or (b) of section 4931.47 of the Revised Code.
(4) "Telephone company" has the same meaning as in section 5727.01 of the Revised Code.
(B) Beginning in tax year 2005, a telephone company shall be allowed a nonrefundable credit against the tax imposed by section 5733.06 of the Revised Code equal to the amount of its eligible nonrecurring 9-1-1 charges. The credit shall be claimed for the company's taxable year that covers the period in which the 9-1-1 service for which the credit is claimed becomes available for use. The credit shall be claimed in the order required by section 5733.98 of the Revised Code. If the credit exceeds the total taxes due under section 5733.06 of the Revised Code for the tax year, the tax commissioner shall credit the excess against taxes due under that section for succeeding tax years until the full amount of the credit is granted.
(C) After the last day a return, with any extensions, may be filed by any telephone company that is eligible to claim a credit under this section, the commissioner shall determine whether the sum of the credits allowed for prior tax years commencing with tax year 2005 plus the sum of the credits claimed for the current tax year exceeds fifteen million dollars. If it does, the credits allowed under this section for the current tax year shall be reduced by a uniform percentage such that the sum of the credits allowed for the current tax year do not exceed fifteen million dollars claimed by all telephone companies for all tax years. Thereafter, no credit shall be granted under this section, except for the remaining portions of any credits allowed under division (B) of this section.
(D) A telephone company that is entitled to carry forward a credit against its public utility excise tax liability under section 5727.39 of the Revised Code is entitled to carry forward any amount of that credit remaining after its last public utility excise tax payment for the period of July 1, 2003, through June 30, 2004, and claim that amount as a credit against its corporation franchise tax liability under this section. Nothing in this section authorizes a telephone company to claim a credit under this section for any eligible nonrecurring 9-1-1 charges for which it has already claimed a credit under section 5727.39 of the Revised Code.
Section 2. That existing sections 2307.64, 2913.01, 4931.40, 4931.41, 4931.43,
4931.44, 4931.45, 4931.46, 4931.47, 4931.48, 4931.49, 4931.50, 4931.55,
4931.99, 5727.39, and 5733.55 of the Revised Code are hereby repealed.
Section 3. That the versions of sections 4931.45, 4931.47, and 4931.48 of the Revised Code that are scheduled to take effect December 31, 2004, be amended to read as follows:
Sec. 4931.45. (A) A An amended final plan may be amended to expand is required for any of the following purposes: (1) Expanding
the territory included in the countywide 9-1-1 system, to upgrade; (2) Upgrading
any part or all of a system from basic 9-1-1 to enhanced wireline 9-1-1
service, to adjust; (3) Adjusting the territory served by a public safety
answering point, to represcribe; (4) Represcribing the funding of public safety
answering points as between the alternatives set forth in
division (B)(5) of section 4931.43 of the Revised Code, or to
make; (5) Providing for wireless enhanced 9-1-1; (6) Adding a telephone company as a participant in a countywide
9-1-1 system after the implementation of wireline 9-1-1 or wireless
enhanced 9-1-1; (7) Providing that the state highway patrol or one or more public safety
answering points of another countywide 9-1-1 system function as a public
safety answering point or points for the provision of wireless 9-1-1 for all or part of the
territory of the system, as contemplated under division (J) of section 4931.41 of the Revised Code; (8) Making any other necessary adjustments to the plan only by
convening a new 9-1-1 planning committee, and adopting an amended
final plan. The convening of a new 9-1-1 planning committee and
the proposal and adoption of an amended final plan shall be made
in the same manner required for the convening of an initial
committee and adoption of an original proposed and final plan
under sections 4931.42 to 4931.44 of the Revised Code. Adoption The adoption of an amended final plan under this division shall be subject
to, and accomplished in the manner of the adoption of an initial final plan
under, sections 4931.42 to 4931.44 of the Revised Code, including the requirements for the
convening of a 9-1-1 planning committee and development of a proposed plan
prior to the adoption of the final plan.
However, a final plan is deemed amended for the purpose
described in division (A)(6) of
this section upon the filing, with the board of county
commissioners of the county that approved the final plan for the
countywide 9-1-1 system, of a written letter of intent by the
entity to be added as a participant in the 9-1-1 system. The
entity shall send written notice of the filing to all
subdivisions and telephone companies participating in the
system. Further, adoption
of any resolution under section 4931.51 of the Revised Code
pursuant to a final plan that both has been adopted and provides
for funding through charges imposed under that section is not an
amendment of a final plan for the purpose of this division. (B) When a final plan is amended to expand the territory
that receives 9-1-1 service or to upgrade a 9-1-1 system from
basic to enhanced 9-1-1 service for any purpose described in division (A)(1), (2), (5), or (6) of this section, sections
4931.47 and 5733.55 of the Revised Code apply with respect to the
telephone company's recovery receipt of the nonrecurring and recurring
rates and charges for the wireline telephone network portion of the 9-1-1
system.
Sec. 4931.47. (A) In accordance with Chapters 4901.,
4903., 4905., 4909., and 4931. of the Revised Code, the public
utilities commission shall determine the just, reasonable, and
compensatory rates, tolls, classifications, charges, or rentals
to be observed and charged for the wireline telephone network portion of a
basic and enhanced 9-1-1 system, and each telephone company that is a wireline service provider
participating in the system shall be subject to such chapters, to
the extent they apply, as to the service provided by its portion
of the wireline telephone network for the system as described in the final plan or
to be installed pursuant to agreements under section 4931.48 of
the Revised Code, and as to the rates, tolls, classifications,
charges, or rentals to be observed and charged for that service. (B) Only the customers of a participating telephone
company described in division (A) of this section that are served within the area covered by a 9-1-1 system
shall pay the recurring rates for the maintenance and operation
of the company's portion of the wireline telephone network in providing 9-1-1 service of the system. Such rates
shall be computed by dividing the total monthly recurring rates
set forth in a telephone the company's schedule as filed in
accordance with section 4905.30 of the Revised Code, by the total
number of residential and business customer access lines, or
their equivalent, within the area served. Each residential and
business customer within the area served shall pay the recurring
rates based on the number of its residential and business
customer access lines or their equivalent. No company may shall
include such amount on any customer's bill until the company has
completed its portion of the wireline telephone network in accordance with
the terms, conditions, requirements, and specifications of the
final plan or an agreement made under section 4931.48 of the
Revised Code. (C)(1) Except as otherwise provided in division (C)(2)(a) or (b) of
this section, a participating telephone company described in division
(A) of this section may receive through the credit authorized by
section 5733.55 of the Revised Code the total nonrecurring charges for its portion of the wireline telephone
network used in providing 9-1-1 service, of the system, including wireless 9-1-1, and the total nonrecurring
charges for any updating or modernization of that wireline
telephone network in accordance with the terms, conditions,
requirements, and specifications of the final plan or pursuant
to agreements under section 4931.48 of the
Revised
Code, as such charges are set forth in the
schedule filed by a the telephone company in accordance with section
4905.30 of the Revised Code, on completion of the installation of
the network in accordance with the terms, conditions,
requirements, and specifications of the final plan or pursuant to
section 4931.48 of the Revised Code shall be recovered by the
company through the credit authorized by section 5733.55 of the
Revised Code. As applicable, the receipt of those charges shall occur only upon the
completion of the
installation of the network or the completion of the updating or
modernization. (2)(a) The credit shall not be allowed under division (C)(1) of this section for the upgrading of a
system from basic to enhanced wireline 9-1-1 service when if both of the following apply: (a)(i) The telephone company received the credit for the wireline
telephone network portion of the basic 9-1-1 system now proposed
to be upgraded; and.
(b)(ii) At the time the final plan or agreement pursuant to
section 4931.48 of the Revised Code calling for the basic 9-1-1
system was agreed to, the telephone company was capable of
reasonably meeting the technical and economic requirements of
providing the wireline telephone network portion of an enhanced 9-1-1
system within the territory proposed to be upgraded, as
determined by the public utilities commission under division (A)
or (H) of section 4931.41 or division (C) of section 4931.48 of
the Revised Code.
(b) The credit shall not be allowed
under division (C)(1) of this
section for any portion of the total nonrecurring charges for
the wireline telephone network used in providing wireless 9-1-1,
as set forth in the schedule filed by the telephone company in
accordance with section 4905.30 of the
Revised Code, to the extent the
telephone company, in otherwise providing 9-1-1 service,
previously received those charges through the credit authorized
by section 5733.55 of the
Revised Code, or receives or received those charges from a
wireless service provider pursuant to a tariff or contract. (3) When If the credit is not allowed under division (C)(2)(a)
of this section, the total nonrecurring charges for the wireline telephone
network used in providing 9-1-1 service, as set forth in the
schedule filed by a telephone company in accordance with section
4905.30 of the Revised Code, on completion of the installation of
the network in accordance with the terms, conditions,
requirements, and specifications of the final plan or pursuant to
section 4931.48 of the Revised Code, shall be paid by the
municipal corporations and townships with any territory in the
area in which such upgrade from basic to enhanced 9-1-1 service
is made. (D) Where If customer premises equipment for a public safety
answering point is supplied by a telephone company that is
required to file a schedule under section 4905.30 of the Revised
Code pertaining to customer premises equipment, the recurring and
nonrecurring rates and charges for the installation and
maintenance of the equipment specified in the schedule shall
apply.
Sec. 4931.48. (A) If a final plan is disapproved under
division (B) of section 4931.44 of the Revised Code, by
resolution, the legislative authority of a municipal corporation
or township that contains at least thirty per cent of the
county's population may establish within its boundaries, or the
legislative authorities of a group of municipal corporations or
townships each of which is contiguous with at least one other
such municipal corporation or township in the group, together
containing at least thirty per cent of the county's population,
may jointly establish within their boundaries a 9-1-1 system.
For this that purpose, the municipal corporation or township may enter
into an agreement, and the contiguous municipal corporations or
townships may jointly enter into an agreement with a one or more telephone
company providing service in the municipal corporations or
townships to provide for the telephone network portion of the
system companies. (B) If no resolution has been adopted to convene a 9-1-1
planning committee under section 4931.42 of the Revised Code, but
not sooner than eighteen months after the effective date of such
section, by resolution, the legislative authority of any
municipal corporation in the county may establish within its
boundaries, or the legislative authorities of a group of
municipal corporations and townships each of which is contiguous
to at least one of the other such municipal corporations or
townships in the group may jointly establish within their
boundaries, a 9-1-1 system. The For that purpose, the municipal corporation, or
contiguous municipal corporations and townships, may enter into
an agreement with a one or more telephone company serving customers
within the boundaries of the municipal corporation or contiguous
municipal corporations and townships, to provide for the
telephone network portion of a 9-1-1 system companies. (C) Whenever a telephone company that is a wireline service provider and one or more municipal
corporations and townships enter into an agreement under division (A) or (B) of this
section to provide for the wireline telephone network portion of a basic
9-1-1 system, the telephone company shall so notify the public
utilities commission, which shall determine whether the telephone
company is capable of reasonably meeting the technical and
economic requirements of providing the wireline telephone network for an
enhanced system within the territory served by the company and
covered by the agreement. The determination shall be made solely
for the purposes of division (C)(2) of section 4931.47 of the
Revised Code. (D) Within three years from the date of entering into an initial
agreement described under division (A) or (B)(C) of this section, the
telephone company shall have installed the wireline telephone network
portion of the 9-1-1 system according to the terms, conditions,
requirements, and specifications set forth in the agreement. (E) The A telephone company that is a wireline service provider shall recover the cost of
installing the wireline telephone network system pursuant to agreements
made under this section as provided in section 4931.47 of the Revised Code, as authorized under section 5733.55 of the Revised Code.
Section 4. That the existing versions of sections 4931.45, 4931.47, and 4931.48 of the Revised Code that are scheduled to take effect December 31, 2004, are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect December 31, 2004.
Section 6. The amendment by this act of section 5727.39 of the Revised Code is not intended to supersede its earlier repeal with delayed effective date of December 31, 2004.
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