Chapter 11.14
ENHANCED 911 TELEPHONE SERVICE
Sections:
11.14.020 Authorization to provide enhanced 911 service.
11.14.030 Enhanced 911 surcharge on local exchange access lines and wireless telephone numbers.
11.14.040 Billing and collection.
11.14.010 Definitions.
The following definitions shall apply to this chapter:
“Enhanced 911 service area” means the area described in the certificate of public convenience and necessity granted to Ketchikan public utilities December 31, 1970, and any amendments thereto. An area within this description is within the enhanced 911 service area regardless of whether Ketchikan public utilities is currently providing telephone service to that area.
“Enhanced 911 system” means a telephone system consisting of network, database, and enhanced 911 equipment that uses the single three digit number, 911, for reporting a police, fire, medical, or other emergency situation, and that enables the users of a public telephone system to reach a public safety answering point to report emergencies by dialing 911; an enhanced 911 system includes the personnel required to acquire, install, administer, operate, and maintain the system and its facilities and to dispatch the calls generated by the system.
“Local exchange access line” means a telephone line that connects a local exchange service customer to the local exchange telephone company switching office and has the capability of reaching local public safety agencies, but does not include a line used by a carrier to provide interexchange services.
“Local exchange service” means the transmission of two-way interactive switched voice communications furnished by a local exchange telephone company within a local exchange area, including access to enhanced 911 systems; in this definition, “local exchange area” means a geographic area encompassing one or more political subdivisions as described in maps, tariffs, or rate schedules filed with the Regulatory Commission of Alaska.
“Local exchange telephone company” means any telephone utility certificated under AS 42.05 to provide local exchange service and includes Ketchikan public utilities and all privately owned telephone utilities.
“Public safety answering point” means a city-operated 24-hour local jurisdiction communications facility that receives 911 service calls and directly dispatches emergency response services or that relays calls to the appropriate public or private safety agency.
“Wireless telephone” means a telephone that is not a wireline telephone and includes cellular and mobile telephones; each wireless telephone number is considered to be a separate wireless telephone.
“Wireless telephone company” means any telephone utility or provider of local telephone service that provides telephone service for wireless telephone customers who receive monthly or periodic bills sent to an address within the designated enhanced 911 service area. It includes both publicly and privately owned providers.
“Wireline telephone” means a telephone that uses a local exchange access line. (Ord. 1486 § 2, 2003)
11.14.020 Authorization to provide enhanced 911 service.
The manager is authorized and directed to continue with the purchase and installation of an enhanced 911 system to provide enhanced 911 service to users of telephone service provided by any local exchange telephone company and any wireless telephone company within the enhanced 911 service area. The manager is further authorized to provide for the operation of an enhanced 911 system. The enhanced 911 system shall provide service for all of the enhanced 911 service area. (Ord. 1486 § 2, 2003)
11.14.030 Enhanced 911 surcharge on local exchange access lines and wireless telephone numbers.
Beginning with the first billing for any telephone services rendered on April 1, 2006, and each month thereafter there is imposed a surcharge of up to $2.00 per month for each local exchange access line for wireline telephones and for each wireless telephone number within the enhanced 911 service area. The surcharge shall apply to all such wireline and wireless telephones, even those serving government agencies and nonprofit organizations. The actual amount of the surcharge imposed will be determined by the council pursuant to KMC 11.14.060. (Ord. 1543 § 1, 2006; Ord. 1486 § 2, 2003)
11.14.040 Billing and collection.
(a) Each local exchange telephone company shall bill each month and collect the enhanced 911 surcharge from all of its customers in the enhanced 911 service area. Each wireless telephone company that provides telephone service to wireless telephone customers with billing addresses within the enhanced 911 service area shall impose an enhanced 911 surcharge each month and collect the surcharge from customers in the enhanced 911 service area. A local exchange telephone customer may not be subject to more than one enhanced 911 surcharge on a local exchange access line for a wireline telephone. A wireless telephone customer may not be subject to more than one enhanced 911 surcharge for each wireless telephone number. A customer that has more than 100 local exchange access lines from a local exchange telephone company in the municipality is liable for the enhanced 911 surcharge only on 100 local exchange access lines.
(b) Each local exchange telephone company or wireless telephone company shall include the appropriate enhanced 911 surcharge, stated separately and included in the total amount owed, in the bills delivered to its customers. A customer is liable for payment of the enhanced 911 surcharge in the amounts billed by the telephone company until the amounts have been paid to the telephone company.
(c) Each local exchange telephone company or wireless telephone company shall remit the amounts collected to the city no later than 60 days after the end of the month in which the amount was collected. From each remittance made in a timely manner under this subsection, the telephone company is entitled to deduct and retain the greater of one percent of the collected amount or $150.00 as the cost of administration for collecting the enhanced 911 surcharge. In addition, a wireless telephone company is entitled to full recovery of the recurring and nonrecurring costs associated with implementation and operation of Phase I E911 service as allowed under Federal Communications Commission proceedings entitled “Revision of the Commission’s Rules to Ensure Compatibility with Enhanced 9-1-1 Emergency Calling Systems” (CC Docket No. 94-102; RM-8143).
(d) A local exchange telephone company or wireless telephone company is not obligated to take legal action to enforce collection of the enhanced 911 surcharge. However, if a company is attempting to collect an unpaid debt from a customer, the telephone company shall also attempt to collect any unpaid enhanced 911 surcharge that the customer owes. If a customer pays a portion of a bill that includes an enhanced 911 surcharge, the amount paid shall be prorated between the telephone company and the enhanced 911 surcharge. The telephone company shall annually provide the city with a list of the amounts due for the nonpayment of enhanced 911 surcharges, together with the names and addresses of those customers who carry a balance that can be determined by the telephone company to be for the nonpayment of the enhanced 911 surcharges. The telephone company is not liable for uncollected amounts.
(e) The city may, at its own expense, require an annual audit of a local exchange telephone company’s or wireless telephone company’s books and records concerning the collection and remittance of the enhanced 911 surcharge. (Ord. 1486 § 2, 2003)
11.14.050 Use of proceeds.
All of the revenue received by the city under this chapter shall be used for the enhanced 911 system. (Ord. 1486 § 2, 2003)
11.14.060 Annual review.
The council shall review the surcharge annually to determine whether the amount of the surcharge is adequate, excessive, or insufficient to meet anticipated enhanced 911 system needs. The review may be part of the city budget process. Approval of a budget that includes expenditures for enhanced 911 services which are equal to or greater than the budgeted revenues from the surcharge will be deemed to be the council’s review and determination that the surcharge is sufficient for the year. In the event the council fails to timely conduct the review or make the determination, any adjustment in the amount of the surcharge will be prospective only from the date the review and determination is made. (Ord. 1486 § 2, 2003)