Section 1-301 - Definitions.

§ 1-301. Definitions.
 

(a)  In general.- In this subtitle the following words have the meanings indicated. 
   
Revisor's Note.

This subsection is new language derived without substantive change from the introductory language of former Art. 41, § 18-101(f). 
 

The former reference to "terms" is deleted as unnecessary in light of the reference to "words". 

(b)  Additional charge.- "Additional charge" means the charge imposed by a county in accordance with § 1-311 of this subtitle. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 41, § 18-101(f)(13). 
  Defined Terms.


 
"County"                                                             § 1-101

(c)  Board.- "Board" means the Emergency Number Systems Board. 
   
Revisor's Note.

This subsection formerly was Art. 41, § 18-101(f)(3). 
 

No changes are made. 

(d)  Commercial mobile radio service (CMRS).- "Commercial mobile radio service" or "CMRS" means mobile telecommunications service that is: 

(1) provided for profit with the intent of receiving compensation or monetary gain; 

(2) an interconnected, two-way voice service; and 

(3) available to the public. 
   
SPECIAL REVISOR'S NOTE

    Chapter 451, Acts of 2003, added this subsection.  

(e)  Commercial mobile radio service provider (CMRS provider).- "Commercial mobile radio service provider" or "CMRS provider" means a person authorized by the Federal Communications Commission to provide CMRS in the State. 
   
SPECIAL REVISOR'S NOTE

    Chapter 451, Acts of 2003, added this subsection.   
  Defined Terms.


 
"CMRS"                                                               § 1-301


"Person"                                                              § 1-101

(f)  County plan.- "County plan" means a plan for a 9-1-1 system or enhanced 9-1-1 system, or an amendment to the plan, developed by a county or several counties together under this subtitle. 
   
SPECIAL REVISOR'S NOTE

    Chapter 5, Acts of 2003, enacted this subsection as § 1-301(d), which was new language derived without substantive change from former Art. 41, § 18-101(f)(9).  However, Ch. 451, Acts of 2003, renumbered this subsection to be § 1-301(f).   
 

The former specific references to "§§ 18-103" and "18-104" of this subtitle were deleted by Ch. 5 as unnecessary in light of the general reference "under this subtitle". 
  Defined Terms.


 
"County"                                                             § 1-101


"Enhanced 9-1-1 system"                                               § 1-301


"9-1-1 system"                                                        § 1-301

(g)  Customer.-  

(1) "Customer" means: 

(i) the person that contracts with a home service provider for CMRS; or 

(ii) the end user of the CMRS if the end user of the CMRS is not the contracting party. 

(2) "Customer" does not include: 

(i) a reseller of CMRS; or 

(ii) a serving carrier under an arrangement to serve the customer outside the home service provider's licensed service area. 
   
SPECIAL REVISOR'S NOTE

    Chapter 451, Acts of 2003, added this subsection.   
  Defined Terms.


 
"CMRS"                                                               § 1-301


"Home service provider"                                               § 1-301


"Person"                                                              § 1-101

(h)  Enhanced 9-1-1 system.- "Enhanced 9-1-1 system" means a 9-1-1 system that provides: 

(1) automatic number identification; 

(2) automatic location identification; and 

(3) any other technological advancements that the Board requires. 
   
SPECIAL REVISOR'S NOTE

    Chapter 5, Acts of 2003, enacted this subsection as § 1-301(e), which was new language derived without substantive change from former Art. 41, § 18-101(f)(6).  However, Ch. 451, Acts of 2003, renumbered this subsection to be § 1-301(h).   
 

The defined term "enhanced 9-1-1 system" was substituted by Ch. 5 for the former defined term "enhanced 911" for clarity and to reflect more accurately the manner in which the defined term was used throughout this subtitle. 
 

In item (3) of this subsection, the former phrase "[a]fter July 1, 1995" was deleted by Ch. 5 as obsolete. 
 

Also in item (3) of this subsection, the former reference to "future" technological advancements was deleted by Ch. 5 as implicit in the reference to "advancements". 
  Defined Terms.


 
"Board"                                                              § 1-301


"9-1-1 system"                                                        § 1-301

(i)  FCC order.- "FCC order" means an order issued by the Federal Communications Commission under proceedings regarding the compatibility of enhanced 9-1-1 systems and delivery of wireless enhanced 9-1-1 service. 
   
SPECIAL REVISOR'S NOTE

    Chapter 451, Acts of 2003, added this subsection. 
  Defined Terms.


 
"Enhanced 9-1-1 system"                                              § 1-301


"Wireless enhanced 9-1-1 service"                                     § 1-301

(j)  Home service provider.- "Home service provider" means the facilities-based carrier or reseller that contracts with a customer to provide CMRS. 
   
SPECIAL REVISOR'S NOTE

    Chapter 451, Acts of 2003, added this subsection. 
  Defined Terms.


 
"CMRS"                                                               § 1-301


"Customer"                                                            § 1-301

(k)  9-1-1-accessible service.- "9-1-1-accessible service" means telephone service or another communications service that connects an individual dialing the digits 9-1-1 to an established public safety answering point. 
   
SPECIAL REVISOR'S NOTE

    Chapter 5, Acts of 2003, enacted this subsection as § 1-301(f), which was new language derived without substantive change from former Art. 41, § 18-101(f)(15).  However, Ch. 451, Acts of 2003, renumbered this subsection to be § 1-301(k).   
 

The reference to an "individual" was substituted by Ch. 5 for the former reference to a "person" because only an individual, and not the other entities included in the defined term "person", can dial 9-1-1. See § 1-101 of this article for the definition of "person". 
 

The former phrase "under the 911 system" was deleted by Ch. 5 as meaningless because a public safety answering point is not "under" the 9-1-1 system. 
  Defined Terms.


 
"9-1-1 system"                                                       § 1-301


"Public safety answering point"                                       § 1-301

(l)  9-1-1 fee.- "9-1-1 fee" means the fee imposed in accordance with § 1-310 of this subtitle. 
   
SPECIAL REVISOR'S NOTE

    Chapter 5, Acts of 2003, enacted this subsection as § 1-301(g), which formerly was Art.  41, § 18-101(f)(12). The only changes were in style.   However, Ch. 451, Acts of 2003, renumbered this subsection to be § 1-301(l). 

(m)  9-1-1 service carrier.-  

(1) "9-1-1 service carrier" means a provider of CMRS or other 9-1-1-accessible service. 

(2) "9-1-1 service carrier" does not include a telephone company. 
   
SPECIAL REVISOR'S NOTE

    Chapter 5, Acts of 2003, enacted this subsection as § 1-301(h), which formerly was  Art. 41, § 18-101(f)(16). The only change was in style.  However, Ch. 451, Acts of 2003, renumbered this subsection to be § 1-301(m) and substituted "CMRS" for "wireless telephone service" in paragraph (1) of this subsection.  
  Defined Terms.


 
"CMRS"                                                               § 1-301


"9-1-1-accessible service"                                            § 1-301

(n)  9-1-1 system.-  

(1) "9-1-1 system" means telephone service that: 

(i) meets the planning guidelines established under this subtitle; and 

(ii) automatically connects an individual dialing the digits 9-1-1 to an established public safety answering point. 

(2) "9-1-1 system" includes: 

(i) equipment for connecting and outswitching 9-1-1 calls within a telephone central office; 

(ii) trunking facilities from a telephone central office to a public safety answering point; and 

(iii) equipment to connect 9-1-1 calls to the appropriate public safety agency. 
   
SPECIAL REVISOR'S NOTE

    Chapter 5, Acts of 2003, enacted this subsection as § 1-301(i), which was new language derived without substantive change from former Art. 41, § 18-101(f)(5).  However, Ch. 451, Acts of 2003, renumbered this subsection to be § 1-301(n).   
 

In paragraph (1)(ii) of this subsection, the reference to an "individual" was substituted by Ch. 5 for the former reference to a "person" because only an individual, and not the other entities included in the defined term "person", can dial 9-1-1. See § 1-101 of this article for the definition of "person". 
 

Also in paragraph (1)(ii) of this subsection, the former specific reference to "§ 18-103" of this subtitle was deleted by Ch. 5 as unnecessary in light of the general reference "under this subtitle". 
 

In paragraph (2)(ii) of this subsection, the reference to a "telephone" central office was added by Ch. 5 for clarity and consistency with paragraph (2)(i) of this subsection. 
  Defined Terms.


 
"Public safety agency"                                               § 1-301


"Public safety answering point"                                       § 1-301

(o)  9-1-1 Trust Fund.- "9-1-1 Trust Fund" means the fund established under § 1-308 of this subtitle. 
   
SPECIAL REVISOR'S NOTE

    Chapter 5, Acts of 2003, enacted this subsection as § 1-301(j), which formerly was Art. 41, § 18-101(f)(10).  The only changes were in style.  However, Ch. 451, Acts of 2003, renumbered this subsection to be § 1-301(o). 

(p)  Public safety agency.- "Public safety agency" means: 

(1) a functional division of a public agency that provides fire fighting, police, medical, or other emergency services; or 

(2) a private entity that provides fire fighting, police, medical, or other emergency services on a voluntary basis. 
   
SPECIAL REVISOR'S NOTE

    Chapter 5, Acts of 2003, enacted this subsection as § 1-301(k), which was new language derived without substantive change from former Art. 41, § 18-101(f)(8).  However, Ch. 451, Acts of 2003, renumbered this subsection to be § 1-301(p).   
 

In item (2) of this subsection, the reference to "fire fighting, police, medical, or other emergency services" was substituted by Ch. 5 for the former reference to "such services" for clarity. 

(q)  Public safety answering point.- "Public safety answering point" means a communications facility that: 

(1) is operated on a 24-hour basis; 

(2) first receives 9-1-1 calls in a 9-1-1 service area; and 

(3) as appropriate, dispatches public safety services directly, or transfers 9-1-1 calls to appropriate public safety agencies. 
   
SPECIAL REVISOR'S NOTE

    Chapter 5, Acts of 2003, enacted this subsection as § 1-301(l), which was new language derived without substantive change from former Art. 41, § 18-101(f)(7).  However, Ch. 451, Acts of 2003, renumbered this subsection to be § 1-301(q).   
 

In item (2) of this subsection, the former reference to receiving 911 calls "from persons" in a 911 service area was deleted by Ch. 5 as surplusage. 
 

In item (3) of this subsection, the former words "extend" and "relay" were deleted by Ch. 5 as included in the word "transfers". 
  Defined Terms.


 
"Public safety agency"                                               § 1-301

(r)  Secretary.- "Secretary" means the Secretary of Public Safety and Correctional Services. 
   
SPECIAL REVISOR'S NOTE

    Chapter 5, Acts of 2003, enacted this subsection as § 1-301(m), which formerly was Art. 41, § 18-101(f)(4).  The only change was in style.  However, Ch. 451, Acts of 2003, renumbered this subsection to be § 1-301(r). 

(s)  Wireless enhanced 9-1-1 service.- "Wireless enhanced 9-1-1 service" means enhanced 9-1-1 service under an FCC order. 
   
SPECIAL REVISOR'S NOTE

    Chapter 451, Acts of 2003, added this subsection. 
  Defined Terms.


 
"FCC order"                                                          § 1-301
 

[An. Code 1957, art. 41, § 18-101(f) (intro. lang.), (f)(3)-(10), (12)-(16); 2003, ch. 5, § 2; ch. 451.]