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| | HB5502 Engrossed | | LRB102 26026 AWJ 35456 b |
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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Emergency Telephone System Act is amended |
5 | | by changing Sections 2, 15.5, and 20 and by adding Sections |
6 | | 15.5a, 15.6c, and 15.8a as follows:
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7 | | (50 ILCS 750/2) (from Ch. 134, par. 32)
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8 | | (Section scheduled to be repealed on December 31, 2023)
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9 | | Sec. 2. Definitions. As used in this Act, unless the |
10 | | context otherwise requires: |
11 | | "9-1-1 network" means the network used for the delivery of |
12 | | 9-1-1 calls and messages over dedicated and redundant |
13 | | facilities to a primary or backup 9-1-1 PSAP that meets the |
14 | | appropriate grade of service. |
15 | | "9-1-1 system" means the geographic area that has been |
16 | | granted an order of authority by the Commission or the |
17 | | Statewide 9-1-1 Administrator to use "9-1-1" as the primary |
18 | | emergency telephone number, including , but not limited to , the |
19 | | network, software applications, databases, CPE components and |
20 | | operational and management procedures required to provide |
21 | | 9-1-1 service. |
22 | | "9-1-1 Authority" means an Emergency Telephone System |
23 | | Board or , Joint Emergency Telephone System Board that provides |
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1 | | for the management and operation of a 9-1-1 system. "9-1-1 |
2 | | Authority" includes the Illinois State Police only to the |
3 | | extent it provides 9-1-1 services under this Act. |
4 | | "9-1-1 System Manager" means the manager, director, |
5 | | administrator, or coordinator who at the direction of his or |
6 | | her Emergency Telephone System Board is responsible for the |
7 | | implementation and execution of the order of authority issued |
8 | | by the Commission or the Statewide 9-1-1 Administrator through |
9 | | the programs, policies, procedures, and daily operations of |
10 | | the 9-1-1 system consistent with the provisions of this Act. |
11 | | "Administrator" means the Statewide 9-1-1 Administrator. |
12 | | "Advanced service" means any telecommunications service |
13 | | with or without dynamic bandwidth allocation, including, but |
14 | | not limited to, ISDN Primary Rate Interface (PRI), that, |
15 | | through the use of a DS-1, T-1, or other un-channelized or |
16 | | multi-channel transmission facility, is capable of |
17 | | transporting either the subscriber's inter-premises voice |
18 | | telecommunications services to the public switched network or |
19 | | the subscriber's 9-1-1 calls to the public agency. |
20 | | "Aggregator" means an entity that ingresses 9-1-1 calls of |
21 | | multiple traffic types or 9-1-1 calls from multiple |
22 | | originating service providers and combines them on a trunk |
23 | | group or groups (or equivalent egress connection arrangement |
24 | | to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or |
25 | | system), and that uses the routing information provided in the |
26 | | received call setup signaling to select the appropriate trunk |
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1 | | group and proceeds to signal call setup toward the 9-1-1 |
2 | | system provider. "Aggregator" includes an originating service |
3 | | provider that provides aggregation functions for its own 9-1-1 |
4 | | calls. "Aggregator" also includes an aggregation network or an |
5 | | aggregation entity that provides aggregator services for other |
6 | | types of system providers, such as cloud-based services or |
7 | | enterprise networks as its client. |
8 | | "ALI" or "automatic location identification" means the |
9 | | automatic display at the public safety answering point of the |
10 | | address or location of the caller's telephone and |
11 | | supplementary emergency services information of the location |
12 | | from which a call originates. |
13 | | "ANI" or "automatic number identification" means the |
14 | | automatic display of the 10-digit 10 digit telephone number |
15 | | associated with the caller's telephone number. |
16 | | "Automatic alarm" and "automatic alerting device" mean any |
17 | | device that will access the 9-1-1 system for emergency |
18 | | services upon activation and does not provide for two-way |
19 | | communication. |
20 | | "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned |
21 | | Backup Answering Point, or VAP. |
22 | | "Authorized entity" means an answering point or |
23 | | participating agency other than a decommissioned PSAP. |
24 | | "Backup PSAP" means an answering point that meets the |
25 | | appropriate standards of service and serves as an alternate to |
26 | | the PSAP operating independently from the PSAP at a different |
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1 | | location , that has the capability to direct dispatch for the |
2 | | PSAP or otherwise transfer emergency calls directly to an |
3 | | authorized entity. A backup PSAP may accept overflow calls |
4 | | from the PSAP or be activated if the primary PSAP is disabled. |
5 | | "Board" means an Emergency Telephone System Board or a |
6 | | Joint Emergency Telephone System Board created pursuant to |
7 | | Section 15.4. |
8 | | "Call back number" means a number, which may or may not be |
9 | | a direct-dial number for a station used to originate a 9-1-1 |
10 | | call, used by a PSAP to recontact a location from which a 9-1-1 |
11 | | call was placed. |
12 | | "Carrier" includes a telecommunications carrier and a |
13 | | wireless carrier. |
14 | | "Commission" means the Illinois Commerce Commission. |
15 | | "Computer aided dispatch" or "CAD" means a computer-based |
16 | | system that aids public safety telecommunicators by automating |
17 | | selected dispatching and recordkeeping activities. |
18 | | "Covered MLTS" means a multi-line telephone system or MLTS |
19 | | service manufactured, imported, offered for first sale, or |
20 | | first sold after February 16, 2020. |
21 | | "Direct dispatch" means a 9-1-1 service wherein upon |
22 | | receipt of an emergency call, a public safety telecommunicator |
23 | | transmits - without delay, transfer, relay, or referral - all |
24 | | relevant available information to the appropriate public |
25 | | safety personnel or emergency responders. |
26 | | "Decommissioned" means the revocation of a PSAPs authority |
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1 | | to handle 9-1-1 calls as an answering point within the 9-1-1 |
2 | | network. |
3 | | "DS-1, T-1, or similar un-channelized or multi-channel |
4 | | transmission facility" means a facility that can transmit and |
5 | | receive a bit rate of at least 1.544 megabits per second |
6 | | (Mbps). |
7 | | "Dynamic bandwidth allocation" means the ability of the |
8 | | facility or customer to drop and add channels, or adjust |
9 | | bandwidth, when needed in real time for voice or data |
10 | | purposes. |
11 | | "Emergency call" means any type of request for emergency |
12 | | assistance through a 9-1-1 network either to the digits 9-1-1 |
13 | | or the emergency 24/7 10-digit telephone number for all |
14 | | answering points. An emergency call is not limited to a voice |
15 | | telephone call. It could be a two-way video call, an |
16 | | interactive text, Teletypewriter (TTY), an SMS, an Instant |
17 | | Message, or any new mechanism for communications available in |
18 | | the future. An emergency call occurs when the request for |
19 | | emergency assistance is received by a public safety |
20 | | telecommunicator. |
21 | | "Enhanced 9-1-1" or "E9-1-1" means a telephone system that |
22 | | includes network switching, database and PSAP premise elements |
23 | | capable of providing automatic location identification data, |
24 | | selective routing, selective transfer, fixed transfer, and a |
25 | | call back number, including any enhanced 9-1-1 service so |
26 | | designated by the Federal Communications Commission in its |
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1 | | report and order in WC Dockets Nos. 04-36 and 05-196, or any |
2 | | successor proceeding. |
3 | | "ETSB" means an emergency telephone system board appointed |
4 | | by the corporate authorities of any county or municipality |
5 | | that provides for the management and operation of a 9-1-1 |
6 | | system. |
7 | | "Grade of service" means P.01 for enhanced 9-1-1 services |
8 | | or the NENA i3 Solution adopted standard for NG9-1-1. |
9 | | "Grandfathered or exempt private residential or business |
10 | | switch/MLTS" means any MLTS that was manufactured, imported, |
11 | | offered for first sale or lease, first sold or leased, or |
12 | | installed on or before February 16, 2020. Grandfathered or |
13 | | exempt private residential or business switch/MLTS's are |
14 | | subject to Section 15.5, 15.6, and 15.8 of this Act. |
15 | | "Hearing-impaired individual" means a person with a |
16 | | permanent hearing loss who can regularly and routinely |
17 | | communicate by telephone only through the aid of devices which |
18 | | can send and receive written messages over the telephone |
19 | | network. |
20 | | "Hosted supplemental 9-1-1 service" means a database |
21 | | service that: |
22 | | (1) electronically provides information to 9-1-1 call |
23 | | takers when a call is placed to 9-1-1; |
24 | | (2) allows telephone subscribers to provide |
25 | | information to 9-1-1 to be used in emergency scenarios; |
26 | | (3) collects a variety of formatted data relevant to |
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1 | | 9-1-1 and first responder needs, which may include, but is |
2 | | not limited to, photographs of the telephone subscribers, |
3 | | physical descriptions, medical information, household |
4 | | data, and emergency contacts; |
5 | | (4) allows for information to be entered by telephone |
6 | | subscribers through a secure website where they can elect |
7 | | to provide as little or as much information as they |
8 | | choose; |
9 | | (5) automatically displays data provided by telephone |
10 | | subscribers to 9-1-1 call takers for all types of |
11 | | telephones when a call is placed to 9-1-1 from a |
12 | | registered and confirmed phone number; |
13 | | (6) supports the delivery of telephone subscriber |
14 | | information through a secure internet connection to all |
15 | | emergency telephone system boards; |
16 | | (7) works across all 9-1-1 call taking equipment and |
17 | | allows for the easy transfer of information into a |
18 | | computer aided dispatch system; and |
19 | | (8) may be used to collect information pursuant to an |
20 | | Illinois Premise Alert Program as defined in the Illinois |
21 | | Premise Alert Program (PAP) Act. |
22 | | "Interconnected voice over Internet protocol provider" or |
23 | | "Interconnected VoIP provider" has the meaning given to that |
24 | | term under Section 13-235 of the Public Utilities Act. |
25 | | "Joint ETSB" means a Joint Emergency Telephone System |
26 | | Board established by intergovernmental agreement of two or |
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1 | | more municipalities or counties, or a combination thereof, to |
2 | | provide for the management and operation of a 9-1-1 system. |
3 | | "Key telephone system" means a type of MLTS designed to |
4 | | provide shared access to several outside lines through buttons |
5 | | or keys typically offering identified access lines with direct |
6 | | line appearance or termination on a given telephone set. |
7 | | "Local public agency" means any unit of local government |
8 | | or special purpose district located in whole or in part within |
9 | | this State that provides or has authority to provide |
10 | | firefighting, police, ambulance, medical, or other emergency |
11 | | services. |
12 | | "Mechanical dialer" means any device that accesses the |
13 | | 9-1-1 system without human intervention and does not provide |
14 | | for two-way communication. |
15 | | "Master Street Address Guide" or "MSAG" is a database of |
16 | | street names and house ranges within their associated |
17 | | communities defining emergency service zones (ESZs) and their |
18 | | associated emergency service numbers (ESNs) to enable proper |
19 | | routing of 9-1-1 calls. |
20 | | "Mobile telephone number" or "MTN" means the telephone |
21 | | number assigned to a wireless telephone at the time of initial |
22 | | activation. |
23 | | "Multi-line telephone system (MLTS)" means a system |
24 | | comprised of common control unit or units, telephone sets, |
25 | | control hardware and software, and adjunct systems which |
26 | | enables users to make and receive telephone calls using shared |
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1 | | resources such as telephone network trunks or data link |
2 | | bandwidth. This term includes, but is not limited to: |
3 | | network-based and premises-based systems such as Centrex |
4 | | service; premises-based, hosted, and cloud-based VoIP; as well |
5 | | as PBX, Hybrid, and key telephone systems (as classified by |
6 | | the Federal Communications Commission under 47 CFR Part 68 or |
7 | | any successor rules); and systems owned or leased by |
8 | | governmental agencies, nonprofit entities, and for-profit |
9 | | businesses. |
10 | | "Network connections" means the number of voice grade |
11 | | communications channels directly between a subscriber and a |
12 | | telecommunications carrier's public switched network, without |
13 | | the intervention of any other telecommunications carrier's |
14 | | switched network, which would be required to carry the |
15 | | subscriber's inter-premises traffic and which connection |
16 | | either (1) is capable of providing access through the public |
17 | | switched network to a 9-1-1 Emergency Telephone System, if one |
18 | | exists, or (2) if no system exists at the time a surcharge is |
19 | | imposed under Section 15.3, that would be capable of providing |
20 | | access through the public switched network to the local 9-1-1 |
21 | | Emergency Telephone System if one existed. Where multiple |
22 | | voice grade communications channels are connected to a |
23 | | telecommunications carrier's public switched network through a |
24 | | private branch exchange (PBX) service, there shall be |
25 | | determined to be one network connection for each trunk line |
26 | | capable of transporting either the subscriber's inter-premises |
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1 | | traffic to the public switched network or the subscriber's |
2 | | 9-1-1 calls to the public agency. Where multiple voice grade |
3 | | communications channels are connected to an OSP's a |
4 | | telecommunications carrier's public switched network through |
5 | | Centrex type service, the number of network connections shall |
6 | | be equal to the number of PBX /MLTS trunk equivalents for the |
7 | | subscriber's service or other multiple voice grade |
8 | | communication channels facility, as determined by reference to |
9 | | any generally applicable exchange access service tariff filed |
10 | | by the subscriber's telecommunications carrier with the |
11 | | Commission. |
12 | | "Network costs" means those recurring costs that directly |
13 | | relate to the operation of the 9-1-1 network as determined by |
14 | | the Statewide 9-1-1 Administrator with the advice of the |
15 | | Statewide 9-1-1 Advisory Board, which may include, but need |
16 | | not be limited to, some or all of the following: costs for |
17 | | interoffice trunks, selective routing charges, transfer lines |
18 | | and toll charges for 9-1-1 services, Automatic Location |
19 | | Information (ALI) database charges, independent local exchange |
20 | | carrier charges and non-system provider charges, carrier |
21 | | charges for third party database for on-site customer premises |
22 | | equipment, back-up PSAP trunks for non-system providers, |
23 | | periodic database updates as provided by carrier (also known |
24 | | as "ALI data dump"), regional ALI storage charges, circuits |
25 | | for call delivery (fiber or circuit connection), NG9-1-1 |
26 | | costs, and all associated fees, taxes, and surcharges on each |
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1 | | invoice. "Network costs" shall not include radio circuits or |
2 | | toll charges that are other than for 9-1-1 services. |
3 | | "Next generation 9-1-1" or "NG9-1-1" means a secure |
4 | | Internet Protocol-based (IP-based) open-standards system |
5 | | comprised of hardware, software, data, and operational |
6 | | policies and procedures that: |
7 | | (A) provides standardized interfaces from |
8 | | emergency call and message services to support |
9 | | emergency communications; |
10 | | (B) processes all types of emergency calls, |
11 | | including voice, text, data, and multimedia |
12 | | information; |
13 | | (C) acquires and integrates additional emergency |
14 | | call data useful to call routing and handling; |
15 | | (D) delivers the emergency calls, messages, and |
16 | | data to the appropriate public safety answering point |
17 | | and other appropriate emergency entities based on the |
18 | | location of the caller; |
19 | | (E) supports data, video, and other communications |
20 | | needs for coordinated incident response and |
21 | | management; and |
22 | | (F) interoperates with services and networks used |
23 | | by first responders to facilitate emergency response. |
24 | | "NG9-1-1 costs" means those recurring costs that directly |
25 | | relate to the Next Generation 9-1-1 service as determined by |
26 | | the Statewide 9-1-1 Administrator with the advice of the |
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1 | | Statewide 9-1-1 Advisory Board, which may include, but need |
2 | | not be limited to, costs for NENA i3 Core Components (Border |
3 | | Control Function (BCF), Emergency Call Routing Function |
4 | | (ECRF), Location Validation Function (LVF), Emergency Services |
5 | | Routing Proxy (ESRP), Policy Store/Policy Routing Functions |
6 | | (PSPRF) , and Location Information Servers (LIS)), Statewide |
7 | | ESInet, software external to the PSAP (data collection, |
8 | | identity management, aggregation , and GIS functionality), and |
9 | | gateways (legacy 9-1-1 tandems or gateways or both). |
10 | | "Originating service provider" or "OSP" means the entity |
11 | | that provides services to end users that may be used to |
12 | | originate voice or nonvoice 9-1-1 requests for assistance and |
13 | | who would interconnect, in any of various fashions, to the |
14 | | 9-1-1 system provider for purposes of delivering 9-1-1 traffic |
15 | | to the public safety answering points. |
16 | | "Private branch exchange" or "PBX" means a private |
17 | | telephone system and associated equipment located on the |
18 | | user's property that provides communications between internal |
19 | | stations and external networks. |
20 | | "Private business switch service" means network and |
21 | | premises based systems including a VoIP, Centrex type service, |
22 | | or PBX service, even though key telephone systems or |
23 | | equivalent telephone systems registered with the Federal |
24 | | Communications Commission under 47 CFR Part 68 are directly |
25 | | connected to Centrex type and PBX systems. "Private business |
26 | | switch service" does not include key telephone systems or |
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1 | | equivalent telephone systems registered with the Federal |
2 | | Communications Commission under 47 CFR Part 68 when not used |
3 | | in conjunction with a VoIP, Centrex type, or PBX systems. |
4 | | "Private business switch service" typically includes, but is |
5 | | not limited to, private businesses, corporations, and |
6 | | industries where the telecommunications service is primarily |
7 | | for conducting business. |
8 | | "Private residential switch service" means network and |
9 | | premise based systems including a VoIP, Centrex type service, |
10 | | or PBX service or key telephone systems or equivalent |
11 | | telephone systems registered with the Federal Communications |
12 | | Commission under 47 CFR C.F.R. Part 68 that are directly |
13 | | connected to a VoIP, Centrex type service, or PBX systems |
14 | | equipped for switched local network connections or 9-1-1 |
15 | | system access to residential end users through a private |
16 | | telephone switch. "Private residential switch service" does |
17 | | not include key telephone systems or equivalent telephone |
18 | | systems registered with the Federal Communications Commission |
19 | | under 47 CFR C.F.R. Part 68 when not used in conjunction with a |
20 | | VoIP, Centrex type, or PBX systems. "Private residential |
21 | | switch service" typically includes, but is not limited to, |
22 | | apartment complexes, condominiums, and campus or university |
23 | | environments where shared tenant service is provided and where |
24 | | the usage of the telecommunications service is primarily |
25 | | residential. |
26 | | "Public agency" means the State, and any unit of local |
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1 | | government or special purpose district located in whole or in |
2 | | part within this State, that provides or has authority to |
3 | | provide firefighting, police, ambulance, medical, or other |
4 | | emergency services. |
5 | | "Public safety agency" means a functional division of a |
6 | | public agency that provides firefighting, police, medical, or |
7 | | other emergency services to respond to and manage emergency |
8 | | incidents. For the purpose of providing wireless service to |
9 | | users of 9-1-1 emergency services, as expressly provided for |
10 | | in this Act, the Illinois State Police may be considered a |
11 | | public safety agency. |
12 | | "Public safety answering point" or "PSAP" means the |
13 | | primary answering location of an emergency call that meets the |
14 | | appropriate standards of service and is responsible for |
15 | | receiving and processing those calls and events according to a |
16 | | specified operational policy. |
17 | | "PSAP representative" means the manager or supervisor of a |
18 | | Public Safety Answering Point (PSAP) who oversees the daily |
19 | | operational functions and is responsible for the overall |
20 | | management and administration of the PSAP. |
21 | | "Public safety telecommunicator" means any person employed |
22 | | in a full-time or part-time capacity at an answering point |
23 | | whose duties or responsibilities include answering, receiving, |
24 | | or transferring an emergency call for dispatch to the |
25 | | appropriate emergency responder. |
26 | | "Public safety telecommunicator supervisor" means any |
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1 | | person employed in a full-time or part-time capacity at an |
2 | | answering point or by a 9-1-1 Authority, whose primary duties |
3 | | or responsibilities are to direct, administer, or manage any |
4 | | public safety telecommunicator and whose responsibilities |
5 | | include answering, receiving, or transferring an emergency |
6 | | call for dispatch to the appropriate responders. |
7 | | "Referral" means a 9-1-1 service in which the public |
8 | | safety telecommunicator provides the calling party with the |
9 | | telephone number of the appropriate public safety agency or |
10 | | other provider of emergency services. |
11 | | "Regular service" means any telecommunications service, |
12 | | other than advanced service, that is capable of transporting |
13 | | either the subscriber's inter-premises voice |
14 | | telecommunications services to the public switched network or |
15 | | the subscriber's 9-1-1 calls to the public agency. |
16 | | "Relay" means a 9-1-1 service in which the public safety |
17 | | telecommunicator takes the pertinent information from a caller |
18 | | and relays that information to the appropriate public safety |
19 | | agency or other provider of emergency services. |
20 | | "Remit period" means the billing period, one month in |
21 | | duration, for which a wireless carrier remits a surcharge and |
22 | | provides subscriber information by zip code to the Illinois |
23 | | State Police, in accordance with Section 20 of this Act. |
24 | | "Secondary Answering Point" or "SAP" means a location, |
25 | | other than a PSAP, that is able to receive the voice, data, and |
26 | | call back number of E9-1-1 or NG9-1-1 emergency calls |
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1 | | transferred from a PSAP and completes the call taking process |
2 | | by dispatching police, medical, fire, or other emergency |
3 | | responders. |
4 | | "Shared residential MLTS service" means the use of one or |
5 | | more MLTS or MLTS service or services to provide telephone |
6 | | service to residential facilities, including, but not limited |
7 | | to, single family and multi-family dwellings, including |
8 | | apartments, even if the service is not individually billed. |
9 | | "Shared telecommunications services" means the provision |
10 | | of telecommunications and information management services and |
11 | | equipment within a user group located in discrete private |
12 | | premises in building complexes, campuses, or high-rise |
13 | | buildings by a commercial shared services provider or by a |
14 | | user association, through privately owned customer premises |
15 | | equipment and associated data processing and information |
16 | | management services, and includes the provisioning of |
17 | | connections to the facilities of a local exchange carrier or |
18 | | an interexchange carrier. |
19 | | "Statewide wireless emergency 9-1-1 system" means all |
20 | | areas of the State where an emergency telephone system board |
21 | | has not declared its intention for one or more of its public |
22 | | safety answering points to serve as a primary wireless 9-1-1 |
23 | | public safety answering point for its jurisdiction. The |
24 | | operator of the statewide wireless emergency 9-1-1 system |
25 | | shall be the Illinois State Police. |
26 | | "System" means the communications equipment and related |
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1 | | software applications required to produce a response by the |
2 | | appropriate emergency public safety agency or other provider |
3 | | of emergency services as a result of an emergency call being |
4 | | placed to 9-1-1. |
5 | | "System provider" means the contracted entity providing |
6 | | 9-1-1 network and database services. |
7 | | "Telecommunications carrier" means those entities included |
8 | | within the definition specified in Section 13-202 of the |
9 | | Public Utilities Act, and includes those carriers acting as |
10 | | resellers of telecommunications services. "Telecommunications |
11 | | carrier" includes telephone systems operating as mutual |
12 | | concerns. "Telecommunications carrier" does not include a |
13 | | wireless carrier. |
14 | | "Telecommunications technology" means equipment that can |
15 | | send and receive written messages over the telephone network. |
16 | | "Temporary residence MLTS" means the use of MLTS or MLTS |
17 | | service to provide telephone service to occupants of temporary |
18 | | or transient dwellings, including, but not limited to, |
19 | | dormitories, hotels, motels, health care facilities, and |
20 | | nursing homes, or other similar facilities. |
21 | | "Transfer" means a 9-1-1 service in which the public |
22 | | safety telecommunicator, who receives an emergency call, |
23 | | transmits, redirects, or conferences that call to the |
24 | | appropriate public safety agency or other provider of |
25 | | emergency services. "Transfer" Transfer shall not include a |
26 | | relay or referral of the information without transferring the |
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1 | | caller. |
2 | | "Transmitting messages" shall have the meaning given to |
3 | | that term under Section 8-11-2 of the Illinois Municipal Code. |
4 | | "Trunk line" means a transmission path, or group of |
5 | | transmission paths, connecting a subscriber's PBX to a |
6 | | telecommunications carrier's public switched network. In the |
7 | | case of regular service, each voice grade communications |
8 | | channel or equivalent amount of bandwidth capable of |
9 | | transporting either the subscriber's inter-premises voice |
10 | | telecommunications services to the public switched network or |
11 | | the subscriber's 9-1-1 calls to the public agency shall be |
12 | | considered a trunk line, even if it is bundled with other |
13 | | channels or additional bandwidth. In the case of advanced |
14 | | service, each DS-1, T-1, or other un-channelized or |
15 | | multi-channel transmission facility that is capable of |
16 | | transporting either the subscriber's inter-premises voice |
17 | | telecommunications services to the public switched network or |
18 | | the subscriber's 9-1-1 calls to the public agency shall be |
19 | | considered a single trunk line, even if it contains multiple |
20 | | voice grade communications channels or otherwise supports 2 or |
21 | | more voice grade calls at a time; provided, however, that each |
22 | | additional increment of up to 24 voice grade channels of |
23 | | transmission capacity that is capable of transporting either |
24 | | the subscriber's inter-premises voice telecommunications |
25 | | services to the public switched network or the subscriber's |
26 | | 9-1-1 calls to the public agency shall be considered an |
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1 | | additional trunk line. |
2 | | "Unmanned backup answering point" means an answering point |
3 | | that serves as an alternate to the PSAP at an alternate |
4 | | location and is typically unmanned but can be activated if the |
5 | | primary PSAP is disabled. |
6 | | "Virtual answering point" or "VAP" means a temporary or |
7 | | nonpermanent location that is capable of receiving an |
8 | | emergency call, contains a fully functional worksite that is |
9 | | not bound to a specific location, but rather is portable and |
10 | | scalable, connecting public safety telecommunicators to the |
11 | | work process, and is capable of completing the call |
12 | | dispatching process. |
13 | | "Voice-impaired individual" means a person with a |
14 | | permanent speech disability which precludes oral |
15 | | communication, who can regularly and routinely communicate by |
16 | | telephone only through the aid of devices which can send and |
17 | | receive written messages over the telephone network. |
18 | | "Wireless carrier" means a provider of two-way cellular, |
19 | | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial |
20 | | Mobile Radio Service (CMRS), Wireless Communications Service |
21 | | (WCS), or other Commercial Mobile Radio Service (CMRS), as |
22 | | defined by the Federal Communications Commission, offering |
23 | | radio communications that may provide fixed, mobile, radio |
24 | | location, or satellite communication services to individuals |
25 | | or businesses within its assigned spectrum block and |
26 | | geographical area or that offers real-time, two-way voice |
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1 | | service that is interconnected with the public switched |
2 | | network, including a reseller of such service. |
3 | | "Wireless enhanced 9-1-1" means the ability to relay the |
4 | | telephone number of the originator of a 9-1-1 call and |
5 | | location information from any mobile handset or text telephone |
6 | | device accessing the wireless system to the designated |
7 | | wireless public safety answering point as set forth in the |
8 | | order of the Federal Communications Commission, FCC Docket No. |
9 | | 94-102, adopted June 12, 1996, with an effective date of |
10 | | October 1, 1996, and any subsequent amendment thereto. |
11 | | "Wireless public safety answering point" means the |
12 | | functional division of a 9-1-1 authority accepting wireless |
13 | | 9-1-1 calls. |
14 | | "Wireless subscriber" means an individual or entity to |
15 | | whom a wireless service account or number has been assigned by |
16 | | a wireless carrier, other than an account or number associated |
17 | | with prepaid wireless telecommunication service.
|
18 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
19 | | revised 10-5-21.)
|
20 | | (50 ILCS 750/15.5)
|
21 | | (Section scheduled to be repealed on December 31, 2023)
|
22 | | Sec. 15.5. Grandfathered private Private residential |
23 | | switch or MLTS 9-1-1 service 9-1-1
service. |
24 | | (a) After June 30, 1995 and before February 16, 2020 , an |
25 | | entity that installs, manages, provides or operates a private |
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1 | | residential switch service or shared residential or temporary |
2 | | residential MLTS service private
residential switch service |
3 | | and provides telecommunications facilities or
services to |
4 | | residents shall provide to those residential end users the |
5 | | same
level of 9-1-1 service as the public agency and the |
6 | | telecommunications carrier
are providing to other residential |
7 | | end users of the local 9-1-1 system. This
service shall ensure |
8 | | that the system is connected to the public switched telephone |
9 | | network such that calls to 9-1-1 route to the appropriate |
10 | | 9-1-1 jurisdiction and include, but not be limited to, the |
11 | | capability to provide ANI identify the
telephone number , the |
12 | | extension number, and the ALI containing the physical address |
13 | | and distinct location for each living unit associated with the |
14 | | address location that is the
source
of the call to 9-1-1 the |
15 | | number designated as the emergency telephone number .
|
16 | | (b) The private residential switch or shared residential |
17 | | or temporary residential MLTS service operator is responsible |
18 | | for forwarding
end user ANI and ALI automatic location |
19 | | identification record information to the 9-1-1
system
provider |
20 | | according to the format, frequency, and procedures established |
21 | | by that
system provider.
|
22 | | (c) This Act does not apply to any MLTS PBX telephone |
23 | | extension that uses radio
transmissions to convey electrical |
24 | | signals directly between the telephone
extension and the |
25 | | serving MLTS PBX .
|
26 | | (d) An entity that violates this Section is guilty of a |
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1 | | business
offense
and shall be fined not less than $1,000 and |
2 | | not more than $5,000.
|
3 | | (e) Nothing in this Section shall be
construed to preclude |
4 | | the Attorney General on behalf of the Illinois State Police or |
5 | | on
his or her own initiative, or any other interested person, |
6 | | from seeking
judicial relief, by mandamus, injunction, or |
7 | | otherwise, to compel compliance
with this Section.
|
8 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
9 | | (50 ILCS 750/15.5a new) |
10 | | Sec. 15.5a. Grandfathered private business switch or MLTS |
11 | | 9-1-1 service. |
12 | | (a) After June 30, 2000, or within 18 months after |
13 | | enhanced 9-1-1 or NG9-1-1 service becomes available, an entity |
14 | | that installs, manages, or operates an MLTS service for |
15 | | businesses prior to February 16, 2020 shall assure that the |
16 | | system is connected to the public switched network such that |
17 | | calls to 9-1-1 route to the appropriate 9-1-1 jurisdiction |
18 | | with the proper ANI and ALI. For buildings having their own |
19 | | street address and containing workspace of 40,000 square feet |
20 | | or less, location identification shall include the building's |
21 | | street address. For buildings having their own street address |
22 | | and containing workspace of more than 40,000 square feet, |
23 | | location identification shall include the building's street |
24 | | address and one distinct location identification per 40,000 |
25 | | square feet of workspace. Separate buildings containing |
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1 | | workspace of 40,000 square feet or less having a common public |
2 | | street address shall have a distinct location identification |
3 | | for each building in addition to the street address. |
4 | | (b) Exemptions from subsection (a) are as follows: |
5 | | (1) Buildings containing workspace of more than 40,000 |
6 | | square feet are exempt from the multiple location |
7 | | identification requirements if the building maintains, at |
8 | | all times, alternative and adequate means of signaling and |
9 | | responding to emergencies. Those means shall include, but |
10 | | not be limited to, a telephone system that provides the |
11 | | physical location of 9-1-1 calls coming from within the |
12 | | building. Health care facilities are presumed to meet the |
13 | | requirements of this paragraph if the facilities are |
14 | | staffed with medical or nursing personnel 24 hours per day |
15 | | and if an alternative means of providing information about |
16 | | the source of an emergency call exists. Buildings under |
17 | | this exemption must provide 9-1-1 service that provides |
18 | | the building's street address. |
19 | | (2) Buildings containing workspace of more than 40,000 |
20 | | square feet if the building maintains, at all times, |
21 | | alternative and adequate means of signaling and responding |
22 | | to emergencies, including a telephone system that provides |
23 | | the location of a 9-1-1 call coming from within the |
24 | | building, and the building is serviced by its own medical, |
25 | | fire, and security personnel. Buildings under this |
26 | | exemption are subject to emergency phone system |
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1 | | certification by the Administrator. |
2 | | (3) Buildings in communities not serviced by enhanced |
3 | | 9-1-1 service. |
4 | | (c) This Act does not apply to any MLTS telephone |
5 | | extension that uses radio transmissions to convey electrical |
6 | | signals directly between the telephone extension and the |
7 | | serving MLTS. |
8 | | (d) Any entity that installs, manages, or operates an MLTS |
9 | | service to businesses shall ensure that all systems installed |
10 | | on or after July 1, 2015 are connected to the public switched |
11 | | network in a manner such that when a user dials "9-1-1", the |
12 | | emergency call connects to the 9-1-1 system without first |
13 | | dialing any number or set of numbers. |
14 | | (e) The requirements of this Section do not apply to: |
15 | | (1) any entity certified by the Illinois Commerce |
16 | | Commission to operate a Private Emergency Answering Point |
17 | | as defined in 83 Ill. Adm. Code 1326.105; or |
18 | | (2) correctional institutions and facilities as |
19 | | defined in subsection (d) of Section 3-1-2 of the Unified |
20 | | Code of Corrections. |
21 | | (f) An entity that violates this Section is guilty of a |
22 | | business offense and shall be fined not less than $1,000 and |
23 | | not more than $5,000. |
24 | | (g) An entity that violates this Section is guilty of a |
25 | | business offense and shall be fined not less than $1,000 and |
26 | | not more than $5,000. |
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1 | | (h) Nothing in this Section shall be construed to preclude |
2 | | the Attorney General on behalf of the Illinois State Police or |
3 | | on his or her own initiative, or any other interested person, |
4 | | from seeking judicial relief, by mandamus, injunction, or |
5 | | otherwise, to compel compliance with this Section. |
6 | | (i) The Illinois State Police may promulgate rules for the |
7 | | administration of this Section.
|
8 | | (50 ILCS 750/15.6c new) |
9 | | Sec. 15.6c. Requirements for covered MLTS. |
10 | | (a) Manufacturers, importers, sellers, and lessors may not |
11 | | manufacture or import for use in the United States or sell or |
12 | | lease or offer to sell or lease in the United States an MLTS, |
13 | | unless the system is pre-configured so that when it is |
14 | | properly installed, in accordance with the Federal |
15 | | Communications Commission MLTS rules (47 CFR 9.3), so that a |
16 | | user may directly initiate a call to 9-1-1 from any station |
17 | | equipped with dialing facilities, without dialing any |
18 | | additional digit, code, prefix, or post-fix, including any |
19 | | trunk-access code, such as the digit 9, regardless of whether |
20 | | the user is required to dial such a digit, code, prefix, or |
21 | | post-fix for the other calls. |
22 | | (b) Installers, managers, and operators may not install, |
23 | | manage, or operate for use in the United States an MLTS, unless |
24 | | the system is configured so that a user may directly initiate a |
25 | | call to 9-1-1 from any station equipped with dialing |
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1 | | facilities, without dialing any additional digit, code, |
2 | | prefix, or post-fix, including any trunk-access code, such as |
3 | | the digit 9, regardless of whether the user is required to dial |
4 | | such a digit, code, prefix, or post-fix for other calls. |
5 | | (c) Installers, managers, and operators shall, in |
6 | | installing, managing, or operating an MLTS, configure the |
7 | | system to provide MLTS notification to a central location at |
8 | | the facility where the system is installed or to another |
9 | | person or organization regardless of location, if the system |
10 | | is able to be configured to provide the notification without |
11 | | an improvement to the hardware or software of the system. MLTS |
12 | | notification must meet the following requirements: |
13 | | (1) it must be initiated contemporaneously with the |
14 | | 9-1-1 call, provided that it is technically feasible to do |
15 | | so; |
16 | | (2) it must not delay the call to 9-1-1; and |
17 | | (3) it must be sent to a location where someone is |
18 | | likely to see or hear it.
|
19 | | (50 ILCS 750/15.8a new) |
20 | | Sec. 15.8a. Dispatchable location compliance dates for |
21 | | covered MLTS. |
22 | | (a) MLTS that are manufactured, imported, offered for |
23 | | first sale or lease, first sold or leased, or installed or |
24 | | operated after February 16, 2020 that are capable of providing |
25 | | a dispatchable location with 9-1-1 calls to the appropriate |
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1 | | PSAPs, regardless of the technological platform used, are |
2 | | considered covered. Covered MLTS are subject to the following |
3 | | compliance deadlines for the provisioning of dispatchable |
4 | | location depending on the nature of the device from which the |
5 | | MLTS 9-1-1 call originates. |
6 | | (1) As of January 6, 2021: |
7 | | (A) On-premises, fixed devices associated with an |
8 | | MLTS must provide automated dispatchable location with |
9 | | 9-1-1 calls to the appropriate PSAP. |
10 | | (B) MLTS manufacturers, importers, sellers, and |
11 | | lessors may not manufacture, import, sell, lease, or |
12 | | offer to sell or lease an MLTS unless the system has |
13 | | the capability, after proper installation, of |
14 | | providing the automated dispatchable location of the |
15 | | caller to the PSAP with 9-1-1 calls from on-premises, |
16 | | fixed devices. |
17 | | (C) MLTS installers may not install a system |
18 | | unless it is configured so that it is capable of being |
19 | | programmed with and conveying the automated |
20 | | dispatchable location of the caller to the PSAP with |
21 | | 9-1-1 calls from on-premises, fixed devices. |
22 | | (D) MLTS managers and operators may not manage or |
23 | | operate a system unless it is configured so that the |
24 | | automated dispatchable location of the caller is |
25 | | conveyed to the PSAP with 9-1-1 calls from |
26 | | on-premises, fixed devices. |
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1 | | (2) As of January 6, 2022: |
2 | | (A) On-premises, non-fixed devices associated with |
3 | | an MLTS must provide automated dispatchable location |
4 | | with 9-1-1 calls to the appropriate PSAP when |
5 | | technically feasible; otherwise they must provide |
6 | | either dispatchable location based on end-user manual |
7 | | update, or alternative location information that meets |
8 | | the requirements as follows: |
9 | | (i) Alternative location information may be |
10 | | coordinate-based, and it must be sufficient to |
11 | | identify the caller's civic address and |
12 | | approximate in-building location, including floor |
13 | | level, in large buildings. |
14 | | (ii) Off-premises devices associated with an |
15 | | MLTS must provide to the appropriate PSAP |
16 | | automated dispatchable location if technically |
17 | | feasible; otherwise, they must provide either |
18 | | dispatchable location based on end user manual |
19 | | update or enhanced location information that meets |
20 | | the requirements of enhanced location. Enhanced |
21 | | location information may be coordinate-based, and |
22 | | it must consist of the best available location |
23 | | that can be obtained from any available |
24 | | technology; or a combination of technologies at |
25 | | reasonable cost. |
26 | | (b) MLTS manufacturers, importers, sellers, and lessors |
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1 | | may not manufacture, import, sell, lease, or offer to sell or |
2 | | lease an MLTS unless the system has the capability, after |
3 | | proper installation, the dispatchable location of the caller |
4 | | as specified in 47 CFR 9.16(b)(3)(ii) and (iii) to the PASP |
5 | | with 9-1-1 calls from on-premises, non-fixed devices and from |
6 | | off-premises devices. |
7 | | (c) MLTS installers may not install a system unless it is |
8 | | configured so that it is capable of being programmed with and |
9 | | conveying the automated dispatchable location of the caller to |
10 | | the PSAP with 9-1-1 calls from on-premises, non-fixed devices |
11 | | and from off-premises devices. |
12 | | (d) MLTS managers and operators may not manage or operate |
13 | | a system unless it is configured so that the automated |
14 | | dispatchable location of the caller is conveyed to the PSAP |
15 | | with 9-1-1 calls from on-premises, non-fixed devices and from |
16 | | off-premises devices.
|
17 | | (50 ILCS 750/20) |
18 | | (Section scheduled to be repealed on December 31, 2023) |
19 | | Sec. 20. Statewide surcharge. |
20 | | (a) On and after January 1, 2016, and except with respect |
21 | | to those customers who are subject to surcharges as provided |
22 | | in Sections 15.3 and 15.3a of this Act, a monthly surcharge |
23 | | shall be imposed on all customers of telecommunications |
24 | | carriers , interconnected VoIP providers, and wireless carriers |
25 | | as follows: |
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1 | | (1) Each telecommunications carrier interconnected |
2 | | VoIP providers shall impose a monthly surcharge per |
3 | | network connection; provided, however, the monthly |
4 | | surcharge shall not apply to a network connection provided |
5 | | for use with pay telephone services. |
6 | | (2) Where multiple voice grade communications channels |
7 | | are connected between the subscriber's premises and a |
8 | | public switched network through a PBX/MLTS private branch |
9 | | exchange (PBX) , Centrex type service, or other multiple |
10 | | voice grade communication channels facility, there shall |
11 | | be imposed 5 such surcharges per network connection for |
12 | | both regular service and advanced service provisioned |
13 | | trunk lines. Until December 31, 2017, the surcharge shall |
14 | | be $0.87 per network connection and on and after January |
15 | | 1, 2018, the surcharge shall be $1.50 per network |
16 | | connection. |
17 | | (3) (2) Each wireless carrier shall impose and collect |
18 | | a monthly surcharge per CMRS connection that either has a |
19 | | telephone number within an area code assigned to Illinois |
20 | | by the North American Numbering Plan Administrator or has |
21 | | a billing address in this State. Until December 31, 2017, |
22 | | the surcharge shall be $0.87 per connection and on and |
23 | | after January 1, 2018, the surcharge shall be $1.50 per |
24 | | connection. |
25 | | (b) State and local taxes shall not apply to the |
26 | | surcharges imposed under this Section. |
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1 | | (c) The surcharges imposed by this Section shall be stated |
2 | | as a separately stated item on subscriber bills. |
3 | | (d) The telecommunications carrier and interconnected VoIP |
4 | | provider collecting the surcharge may deduct and retain 1.74% |
5 | | of the gross amount of surcharge collected to reimburse the |
6 | | telecommunications carrier for the expense of accounting and |
7 | | collecting the surcharge. On and after July 1, 2022, the |
8 | | wireless carrier collecting a surcharge under this Section may |
9 | | deduct and retain 1.74% of the gross amount of the surcharge |
10 | | collected to reimburse the wireless carrier for the expense of |
11 | | accounting and collecting the surcharge. |
12 | | (d-5) Notwithstanding the provisions of subsection (d) of |
13 | | this Section, an amount not greater than 2.5% may be deducted |
14 | | and retained if the telecommunications , interconnected VoIP |
15 | | provider, or wireless carrier can support , through |
16 | | documentation, expenses that exceed the 1.74% allowed. The |
17 | | documentation shall be submitted to the Illinois State Police |
18 | | and input obtained from the Statewide 9-1-1 Advisory Board |
19 | | prior to approval of the deduction. |
20 | | (e) Surcharges imposed under this Section shall be |
21 | | collected by the carriers and shall be remitted to the |
22 | | Illinois State Police, either by check or electronic funds |
23 | | transfer, by the end of the next calendar month after the |
24 | | calendar month in which it was collected for deposit into the |
25 | | Statewide 9-1-1 Fund. Carriers are not required to remit |
26 | | surcharge moneys that are billed to subscribers but not yet |
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1 | | collected. |
2 | | The first remittance by wireless carriers shall include |
3 | | the number of subscribers by zip code, and the 9-digit zip code |
4 | | if currently being used or later implemented by the carrier, |
5 | | that shall be the means by which the Illinois State Police |
6 | | shall determine distributions from the Statewide 9-1-1 Fund. |
7 | | This information shall be updated at least once each year. Any |
8 | | carrier that fails to provide the zip code information |
9 | | required under this subsection (e) shall be subject to the |
10 | | penalty set forth in subsection (g) of this Section. |
11 | | (f) If, within 8 calendar days after it is due under |
12 | | subsection (e) of this Section, a carrier does not remit the |
13 | | surcharge or any portion thereof required under this Section, |
14 | | then the surcharge or portion thereof shall be deemed |
15 | | delinquent until paid in full, and the Illinois State Police |
16 | | may impose a penalty against the carrier in an amount equal to |
17 | | the greater of: |
18 | | (1) $25 for each month or portion of a month from the |
19 | | time an amount becomes delinquent until the amount is paid |
20 | | in full; or |
21 | | (2) an amount equal to the product of 1% and the sum of |
22 | | all delinquent amounts for each month or portion of a |
23 | | month that the delinquent amounts remain unpaid. |
24 | | A penalty imposed in accordance with this subsection (f) |
25 | | for a portion of a month during which the carrier pays the |
26 | | delinquent amount in full shall be prorated for each day of |
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1 | | that month that the delinquent amount was paid in full. Any |
2 | | penalty imposed under this subsection (f) is in addition to |
3 | | the amount of the delinquency and is in addition to any other |
4 | | penalty imposed under this Section. |
5 | | (g) If, within 8 calendar days after it is due, a wireless |
6 | | carrier does not provide the number of subscribers by zip code |
7 | | as required under subsection (e) of this Section, then the |
8 | | report is deemed delinquent and the Illinois State Police may |
9 | | impose a penalty against the carrier in an amount equal to the |
10 | | greater of: |
11 | | (1) $25 for each month or portion of a month that the |
12 | | report is delinquent; or |
13 | | (2) an amount equal to the product of $0.01 and the |
14 | | number of subscribers served by the carrier for each month |
15 | | or portion of a month that the delinquent report is not |
16 | | provided. |
17 | | A penalty imposed in accordance with this subsection (g) |
18 | | for a portion of a month during which the carrier provides the |
19 | | number of subscribers by zip code as required under subsection |
20 | | (e) of this Section shall be prorated for each day of that |
21 | | month during which the carrier had not provided the number of |
22 | | subscribers by zip code as required under subsection (e) of |
23 | | this Section. Any penalty imposed under this subsection (g) is |
24 | | in addition to any other penalty imposed under this Section. |
25 | | (h) A penalty imposed and collected in accordance with |
26 | | subsection (f) or (g) of this Section shall be deposited into |
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1 | | the Statewide 9-1-1 Fund for distribution according to Section |
2 | | 30 of this Act. |
3 | | (i) The Illinois State Police may enforce the collection |
4 | | of any delinquent amount and any penalty due and unpaid under |
5 | | this Section by legal action or in any other manner by which |
6 | | the collection of debts due the State of Illinois may be |
7 | | enforced under the laws of this State. The Illinois State |
8 | | Police may excuse the payment of any penalty imposed under |
9 | | this Section if the Administrator determines that the |
10 | | enforcement of this penalty is unjust. |
11 | | (j) Notwithstanding any provision of law to the contrary, |
12 | | nothing shall impair the right of wireless carriers to recover |
13 | | compliance costs for all emergency communications services |
14 | | that are not reimbursed out of the Wireless Carrier |
15 | | Reimbursement Fund directly from their wireless subscribers by |
16 | | line-item charges on the wireless subscriber's bill. Those |
17 | | compliance costs include all costs incurred by wireless |
18 | | carriers in complying with local, State, and federal |
19 | | regulatory or legislative mandates that require the |
20 | | transmission and receipt of emergency communications to and |
21 | | from the general public, including, but not limited to, |
22 | | E9-1-1.
|
23 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
24 | | revised 10-26-21.)
|
25 | | (50 ILCS 750/15.6 rep.) |