65.7629 Powers and duties of board.
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65.7629 Powers and duties of board.
The board shall administer the provisions of KRS 65.7621 to 65.7643, and shall have the <br>following powers and duties: <br>(1) To review, evaluate, and approve or disapprove the plans or plan modifications that
are submitted to the board for complying with the wireless E911 service <br>requirements established by the FCC order and by any rules or regulations which <br>are or may be adopted by the Federal Communications Commission in carrying out <br>the FCC order;
(2) To develop standards to be followed by the board in reviewing, evaluating,
approving, or disapproving the plans or plan modifications that are submitted to the <br>board;
(3) To collect the CMRS service charge from each CMRS connection:
(a) With a place of primary use, as defined in 4 U.S.C. sec. 124, within the
Commonwealth; or
(b) For prepaid CMRS connections:
1.
With a place of primary use, as defined in 4 U.S.C. sec. 124, within the <br>Commonwealth; or
2.
With a geographical location associated with the first six (6) digits, or <br>NPA/NXX, of the mobile telephone number is inside the geographic <br>boundaries of the Commonwealth.
The CMRS service charge shall be seventy cents ($0.70) per month per CMRS <br>connection, and shall be collected in accordance with KRS 65.7635 beginning <br>August 15, 1998. The amount of the CMRS service charge shall not be increased <br>except by act of the General Assembly;
(4) To review the rate of the CMRS service charge at least once every twenty-four (24)
months and, at its discretion, to decrease the rate or recommend that the General <br>Assembly increase the rate if the board determines that changing the rate is <br>necessary to achieve the purposes of KRS 65.7621 to 65.7643. The first cost study <br>shall be completed on or before July 1, 1999, and shall be submitted to the <br>Governor, the President of the Senate, and the Speaker of the House of <br>Representatives, and the board shall recommend, on the basis of the cost study, <br>whether legislation to increase the CMRS service charge should be proposed during <br>the 2000 Regular Session of the General Assembly;
(5) To administer and maintain the CMRS fund according to the provisions of KRS
65.7627, and promptly to deposit all revenues from the CMRS service charge into <br>the CMRS fund;
(6) To make disbursements from the CMRS fund, according to the allocations and
requirements established in KRS 65.7631;
(7) To establish procedures and guidelines to be followed by the board in reviewing,
evaluating, and approving or disapproving disbursements from the CMRS fund and <br>requests for disbursements made in accordance with KRS 65.7631;
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(8) To resolve conflicts regarding reimbursable costs and expenses under KRS 65.7631
(3) and (4);
(9) To submit annual reports to the Auditor of Public Accounts no later than sixty (60)
days after the close of each fiscal year, which shall provide an accounting for all <br>CMRS service charges deposited into the CMRS fund during the preceding fiscal <br>year and all disbursements to CMRS providers and PSAPs during the preceding <br>fiscal year;
(10) To employ consultants, engineers, and other persons and employees as may be, in
the judgment of the board, essential to the board's operations, functions, and <br>responsibilities, and to fix and pay their compensation from funds available to the <br>CMRS board;
(11) To acquire, by gift, purchase, installment purchase, or lease, any equipment
necessary to carry out the board's purposes and duties;
(12) To retain any and all information, including all proprietary information, that is
submitted to the board by CMRS providers and PSAPs, for the purposes of <br>maintaining it and verifying its accuracy;
(13) To retain, with approval by the Auditor of Public Accounts, an independent
certified public accountant who shall audit, once every twenty-four (24) months, the <br>books of the board, CMRS providers, and PSAPs eligible to request or receive <br>disbursements from the CMRS fund under KRS 65.7631 for the following <br>purposes: <br>(a) To verify the accuracy of collection, receipts, and disbursements of all
revenues derived from the CMRS service charge and the number of wireless <br>E911 calls received by each PSAP eligible to request or receive disbursements <br>from the CMRS fund;
(b) To determine whether the revenues generated by the CMRS service charge
equal, exceed, or are less than the costs incurred in order to comply with the <br>FCC order; and
(c) To determine the sufficiency of the funds currently being withheld for
administrative purposes under KRS 65.7631(1).
The independent certified public accountant shall make a report of the audits to the <br>board and to the appropriate chief executive officer or officers of the CMRS <br>providers and PSAPs. The board shall incorporate the auditor's findings in its <br>studies of the CMRS service charge required by subsection (4) of this section. All <br>information with respect to the audits shall be released to the public or published <br>only in aggregate amounts which do not identify or allow identification of numbers <br>of subscribers or revenues attributable to individual CMRS providers;
(14) To ensure that all carriers have an equal opportunity to participate in the wireless
E911 system;
(15) To ensure that wireless E911 systems are compatible with wireline E911 systems; <br>(16) To determine the appropriate method for disbursing funds to PSAP's based on
wireless workload under KRS 65.7631(3)(b);
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(17) To develop standards and protocols for the improvement and increased efficiency of
911 services in Kentucky; and
(18) To provide direct grants or state matches for federal, state, or private grants for the
establishment or improvement of the 911 emergency telecommunications system in <br>the Commonwealth.
Effective: July 12, 2006 <br>History: Amended 2006 Ky. Acts ch. 219, sec. 4, effective July 12, 2006. -- Amended
2002 Ky. Acts ch. 69, sec. 3, effective July 15, 2002. -- Amended 2001 Ky. Acts <br>ch. 42, sec. 1, effective June 21, 2001. -- Created 1998 Ky. Acts ch. 535, sec. 5, <br>effective July 15, 1998.
Legislative Research Commission Note (7/15/2002). The amendments made to
subsection (3) of this statute in 2002 Ky. Acts ch. 69, sec. 3, "take effect for customer <br>service bills issued after August 1, 2002." 2002 Ky. Acts ch. 69, sec. 6.
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