Sec. 3. Clarifying acceptable 9–1–1 obligations or expenditures
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/bill/116/hr/451/rfs/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 6 of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615a–1 ) is amended— in subsection (f)— in paragraph (1), by striking as specified in the provision of State or local law adopting the fee or charge and inserting consistent with the purposes and functions designated in the final rules issued under paragraph
(3)as purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable ; in paragraph (2), by striking any purpose other than the purpose for which any such fees or charges are specified and inserting any purpose or function other than the purposes and functions designated in the final rules issued under paragraph
(3)as purposes and functions for which the obligation or expenditure of any such fees or charges is acceptable ; and by adding at the end the following: In order to prevent diversion of 9–1–1 fees or charges, the Commission shall, not later than 180 days after the date of the enactment of this paragraph, issue final rules designating purposes and functions for which the obligation or expenditure of 9–1–1 fees or charges, by any State or taxing jurisdiction authorized to impose such a fee or charge, is acceptable. The purposes and functions designated under subparagraph
(A)shall be limited to the support and implementation of 9–1–1 services provided by or in the State or taxing jurisdiction imposing the fee or charge and operational expenses of public safety answering points within such State or taxing jurisdiction. In designating such purposes and functions, the Commission shall consider the purposes and functions that States and taxing jurisdictions specify as the intended purposes and functions for the 9–1–1 fees or charges of such States and taxing jurisdictions, and determine whether such purposes and functions directly support providing 9–1–1 services. The Commission shall consult with public safety organizations and States and taxing jurisdictions as part of any proceeding under this paragraph. In this paragraph: The term 9–1–1 fee or charge means a fee or charge applicable to commercial mobile services or IP-enabled voice services specifically designated by a State or taxing jurisdiction for the support or implementation of 9–1–1 services. The term 9–1–1 services has the meaning given such term in section 158(e) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 942(e) ). The term State or taxing jurisdiction means a State, political subdivision thereof, Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.). If a State or taxing jurisdiction (as defined in paragraph (3)(D)) receives a grant under section 158 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 942 ) after the date of the enactment of this paragraph, such State or taxing jurisdiction shall, as a condition of receiving such grant, provide the information requested by the Commission to prepare the report required by paragraph (2). A State or taxing jurisdiction (as defined in paragraph (3)(D)) may submit to the Commission a petition for a determination that an obligation or expenditure of a 9–1–1 fee or charge (as defined in such paragraph) by such State or taxing jurisdiction for a purpose or function other than a purpose or function designated under paragraph (3)(A) should be treated as such a purpose or function. If the Commission finds that the State or taxing jurisdiction has provided sufficient documentation to make the demonstration described in subparagraph (B), the Commission shall grant such petition. The demonstration described in this subparagraph is a demonstration that the purpose or function— supports public safety answering point functions or operations; or has a direct impact on the ability of a public safety answering point to— receive or respond to 9–1–1 calls; or dispatch emergency responders. ; and by adding at the end the following: If any provision of this section or the application thereof to any person or circumstance is held invalid, the remainder of this section and the application of such provision to other persons or circumstances shall not be affected thereby. .
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- 47 USC 615a–1
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Sec. 3
Clarifying acceptable 9–1–1 obligations or expenditures
Cite47 USC 615a–1
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