RULES AND REGULATIONS OF THE

ALABAMA COMMERCIAL MOBILE
RADIO SERVICE EMERGENCY
TELEPHONE SERVICE BOARD

CHAPTER 225-1-1
LEGAL AUTHORITY

 TABLE OF CONTENTS

225-1-1-.01 Statutory Authority

225-1-1-.02 Adoption of Rules and Regulations

225-1-1-.01 STATUTORY AUTHORITY

The statutory authority for the establishment and regulation of the commercial mobile radio service fund for the implementation of wireless E-911 services is found at §11-98-7 Code of Alabama, 1975.

Statutory Authority: §11-98-7 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-1-.02 ADOPTION OF RULES AND REGULATIONS

The Commercial Mobile Radio Service Emergency Telephone Service Board is authorized to prescribe rules, regulations and procedures as may be necessary to effect establishment of and the disbursements from the commercial Mobile Radio Services Fund.

Statutory Authority: §11-98-7(7)(8) Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

RULES AND REGULATIONS OF
ALABAMA COMMERCIAL MOBILE RADIO SERVICE
EMERGENCY TELEPHONE SERVICE BOARD

CHAPTER 225-1-2
DEFINITIONS

TABLE OF CONTENTS

225-1-2-.01 Board or CMRS Board
225-1-2-.02 Automatic Number Identification or ANI
225-1-1-.03 Commercial Mobile Radio Service or CMRS
225-1-2-.04 Commercial Mobile Radio Service Provider Or CMRS Provider
225-1-2-.05 CMRS Connection
225-1-2-.06 CMRS Fund
225-1-2-.07 CMRS Service Charge
225-1-2-.08 Distribution Formula
225-1-2-.09 ECD
225-1-2-.10 Enhanced 911, E-911, Enhanced E-911 System Or E-911 System
225-1-2-.11 Exchange Access Facility
225-1-2-.12 FCC Order
225-1-2-.13 Public Safety Agency
225-1-2-.14 Service Supplier
225-1-2-.15 Proprietary Information

225-1-2-.01 BOARD OR CMRS BOARD

The Commercial Mobile Radio Service Emergency Services Board, or in the alternative, the Alabama Wireless 9-1-1 Board.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.02 AUTOMATIC NUMBER IDENTIFICATION or ANI.

An enhanced 911 service capability that enables the automatic display of the 10-digit wireless telephone number used to place a 911 call and includes pseudo-automatic number identification or pseudo-ANI, which means an enhanced 911 service capability that enables the automatic display of the number of the call site and an identification of the CMRS provider.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.03 COMMERCIAL MOBILE RADIO SERVICE or CMRS.

Commercial mobile radio service under Sections 3(27) and 332(d) of the Federal Telecommunications Act of 1996. 47 U.S.C. §151 et seq., and the Omnibus Budget Reconciliation Act of 1993. Pub. L. 103-66. Aug. 10, 1993, 107 Stat. 312. The term includes the term wireless and service provided by any wireless real time two-way voice communication device, including radio-telephone communications used in cellular telephone service, personal communication service, or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communication service, or a network radio access line, to include pre-paid wireless connections. The term does not include service whose customers do not have access to 911 or to an enhanced 911-like service, to a communications channel suitable only for data transmission, to a wireless roaming service or other non-local radio access line service, or to a private telecommunications system.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.04 COMMERCIAL MOBILE RADIO SERVICE PROVIDER or CMRS PROVIDER. A person or entity who provides commercial mobile radio service or CMRS service.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.05 CMRS CONNECTION.

Each number assigned to a CMRS customer.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.06 CMRS FUND.

The Commercial Mobile Radio Service Fund required to be established and maintained pursuant to Section 11-98-7 (b)(2).

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.07 CMRS SERVICE CHARGE.

The CMRS emergency telephone service charge levied and maintained pursuant to Section 11-98-7 (b)(1)(2) and collected pursuant to Section 11-98-8.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.08 DISTRIBUTION FORMULA.

The percentage of the total state population residing in an ECD compared to the total state population residing in all ECD’s statewide, based upon the latest Alabama Department of Economic and Community Affairs census.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.09 ECD.

An emergency communications district created pursuant to Chapter 98 of Title 11.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.10 ENHANCED 911, E-911, ENHANCED E-911 SYSTEM, or E-911 SYSTEM.

An emergency telephone system that provides the caller with emergency 911 system service, that directs enhanced 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated, and that provides the capability for automatic number identification and the features that the Federal Communications Commission (FCC) may require in the future.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.11 EXCHANGE ACCESS FACILITY.

An exchange access facility as defined by Section 11-98-1(4).

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.12 FCC ORDER.

The order of the Federal Communications Commission, FCC Docket No. 94-102, adopted on June 12, 1996 and released on July 26, 1996.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.13 PUBLIC SAFETY AGENCY.

A public safety agency as defined by Section 11-98-1(5).

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.14 SERVICE SUPPLIER.

A service supplier as defined by Section 11-98-1(7), Code of Ala. 1975.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-2-.15 PROPRIETARY INFORMATION

Proprietary information means documents or information, in whatever form, which a producing party in good faith deems to contain or constitute trade secrets, confidential research, development, competitive, or commercial information, and which has been specifically designated in writing as such by the producing party. The term shall also include all supporting information such as summaries, notes, extracts, compilations or any other direct or indirect reproduction of such information.

Statutory Authority §11-98-6, Code of Ala. 1975.

History: Adopted April 22, 1999; Effective Date June 7, 1999

ALABAMA COMMERCIAL MOBILE
RADIO SERVICE EMERGENCY TELEPHONE
SERVICE BOARD

CHAPTER 225-1-3
COLLECTION AND DISBURSEMENT
OF SERVICE CHARGES

TABLE OF CONTENTS

225-1-3-.01 Collection of Service Charges
225-1-3-.02 Establishment and Maintenance of CMRS Fund
225-1-3-.03 Disbursement to ECDs from CMRS funds
225-1-3-.04 Disbursement to CMRS providers from CMRS Fund
225-1-3-.05 Cost Recovery Requirements for ECDs and CMRS Providers

225-1-3-.01 COLLECTION OF SERVICE CHARGES

The CMRS Board shall levy a CMRS emergency telephone charge on each CMRS connection that has a principal wireless address (or billing address if the principal wireless service address is now known) within the state, including prepaid connections. The rate of such wireless service charge shall be seventy cents ($.70) per month per CMRS connection, beginning on May 1, 1998, which amount shall not be increased except by the Legislature. The CMRS service charge shall have uniform application and shall be imposed throughout the state. The CMRS Board shall receive all revenues derived from the CMRS service charge levied on CMRS connections in the state and collected pursuant to §11-98-8 Code of Alabama, 1975.

Statutory Authority: §11-98-7 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-3-.02 ESTABLISHMENT OF CMRS FUND

The CMRS Board shall establish and maintain the CMRS Fund as an insured interest bearing account into which the Board shall deposit all revenues derived from the CMRS service charge levied on CMRS connections and collected pursuant to §11-98-8 Code of Alabama, 1975 and 225-1-2-.01 of the Rules and Regulations adopted by this Board.

Statutory Authority: 11-98-7 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-3-.03 DISBURSEMENT TO ECDs FROM CMRS FUND

The CMRS Board shall make disbursements from the CMRS fund in the following manner: Out of funds collected by the Board and after deduction of administrative expenses, fifty-six percent (56%) shall be distributed to ECDs in accordance with the distribution formula and may only be used for the lease, purchase or maintenance of wireless enhanced emergency telephone equipment, including necessary computer hardware, software, and data base provisions, and for expenses directly related to the FCC Order or the handling of wireless emergency calls.

Statutory Authority: 11-98-7 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-3-.04 DISBURSEMENT TO CMRS PROVIDERS FROM CMRS FUND

A separate account shall be established for each participating ECD. Forty-four percent (44%) of the CMRS Fund shall be deposited into the ECD accounts based upon the Distribution Formula. Each ECD shall have the option of delegating authority for CMRS provider cost recovery reimbursement to the CMRS Board via written letter or authorization. In that event the CMRS Board shall carry out all reimbursement functions on behalf of the ECD. The forty-four percent (44%) of the CMRS Fund shall be used solely for the purpose of payment of actual costs incurred by CMRS providers in complying with the wireless E-911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order, including, but not limited to costs and expenses incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required in order to provide the service as well as the incremental costs of operating the service.

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-3-.05 COST RECOVERY REQUIREMENTS FOR ECDs AND CMRS PROVIDERS

1. Pursuant to §11-98-7(b)(3) Code of Alabama, disbursements shall be made directly to CMRS providers based upon sworn invoices presented by the provider to the Board. Each such invoice must reflect the sworn confirmation of the CMRS provider that the payment does not exceed the actual costs incurred by the provider, for the period of service covered by the invoice, in complying with the wireless E-911 service requirements established by the FCC Order as defined by §11-98-6 Code of Alabama, 1975.

4. All initial contracts between the Board and the providers for cost recovery may be submitted to the Board after May 1, 1999. Thereafter, all contracts for cost recovery shall be submitted and executed between October 1 and December 1 of each year beginning October 1, 2000.

Statutory Authority: §11-98-7 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

ALABAMA COMMERCIAL MOBILE
RADIO SERVICE EMERGENCY TELEPHONE
SERVICE BOARD

CHAPTER 225-1-4
PROPRIETARY INFORMATION

TABLE OF CONTENTS

225-1-4-.01 Submission of Proprietary Information

225-1-4-.02 Access to Proprietary Information

225-1-4-.03 Storage of Proprietary Information

225-1-4-.01 SUBMISSION OF PROPRIETARY INFORMATION

1. To assist in the completion of its duties mandated by the Act, the Board may receive operational, technical and financial information from commercial mobile radio service providers and 911 service providers. Some of this information may be of a confidential nature, and the entities providing it may desire it from unnecessary disclosure to third parties. The purpose of these rules is to ensure that protection from disclosure.

2. In order for information submitted to the Board to be deemed proprietary information, a producing party must:

(a) Place the term "CONFIDENTIAL" on the cover of any document containing proprietary information and clearly and specifically mark all proprietary information contained within the document.

(b) Provide satisfactory proof that the information is competitive and sensitive and its disclosure could be harmful to the producing party. Such proof should be submitted in the form of an affidavit.

3. Unless otherwise required by the Board, subparagraph 1(b) of this rule shall not apply to a producing party if the information to be submitted concerns cost, revenue, technology, or market and customer data.

4. For the purposes of rule 225-1-4-.02, the Board shall treat all information submitted in accordance with paragraph (1)(a) of this rule as proprietary information. If after review however, the Board determines the submitted information fails to otherwise qualify under these rules as proprietary information, that information shall not be utilized by the Board, but, instead, shall be returned immediately to the producing party.

Statutory Authority: §11-98-7 and §11-98-9 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-4-.02 ACCESS TO PROPRIETARY INFORMATION

1. Proprietary information shall be open to the public for inspection, notwithstanding the provisions of the Code of Alabama or any other provision of the law to the contrary.

2. Proprietary information submitted to the Board shall be disclosed only to the following individuals:

(a) Board members;

(b) Members on the Board’s staff, legal counsel and the staff of such legal counsel; and

(c) On a need to know basis as determined by the Board:

1. Consultants and experts employed or engaged by the board; and

2. Members of committees appointed by the Board under the authority of §11-98-7 Code of Alabama.

3. Prior to disclosure of any proprietary information to any of the individuals listed in paragraph two (2) of this rule, such individuals shall execute and place on file with the board, a written acknowledgment that they:

(a) Have read these rules concerning proprietary information submitted to the Board;

(b) Agree to be bound by these rules; and

(c) Understand that the unauthorized disclosure of proprietary information is submitted to the Board constitutes a violation of these rules.

4. All proprietary information submitted to the Board shall be used for the sole purpose of implementing the provisions of the Act.

5. Under no circumstance shall proprietary information be disclosed to or discussed with anyone associated with the marketing of products, goods or services which are in competition with the products, goods or services of a producing party.

Statutory Authority: §11-98-7 Code of Alabama, 1975 and §11-98-9 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-4-.03 STORAGE OF PROPRIETARY INFORMATION

1. All proprietary information in possession of the Board shall be maintained in a secure area and in files marked "CONFIDENTIAL."

2. All proprietary information submitted to the Board shall be returned to the producing party within sixty (60) days of the conclusion of the Board’s use thereof, and the Board shall certify that all summaries, notes, extracts, compilations or any direct or indirect reproductions of such information have been destroyed.

Statutory Authority: §11-98-7 Code of Alabama, 1975 and §11-98-9 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

ALABAMA COMMERCIAL MOBILE
RADIO SERVICE EMERGENCY TELEPHONE
SERVICE BOARD

CHAPTER 225-1-5
ADOPTION OF RULES AND REGULATIONS

TABLE OF CONTENTS

225-1-5-.01 Notice of Intended Action

225-1-5-.02 Notice and Public Comment

225-1-5-.03 Public Hearing

225-1-5-.04 Effective Date

225-1-5-.05 Emergency Rules

225-1-5-.01 NOTICE OF INTENDED ACTION

Prior to the adoption, amendment, or repeal of any rule, the Certificate of Need Review Board shall give at least 35 days notice of its intended action by publishing said notice in the Alabama Administrative Monthly.

Statutory Authority: §41-22-5 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-5-.02 NOTICE AND PUBLIC COMMENT

1. The notice of intended action shall include the following:

(a) A statement of either the terms or substance of the intended action or a description of the subjects and issues involved;

(b) The time, place and manner in which interested persons may present their views thereon.

2. The date of publication in the Administrative Monthly shall constitute the date of notice.

(a) The state agency will afford all interested parties reasonable opportunity to submit data, views, or arguments, orally or in writing. The agency shall consider fully all written and oral submissions respecting the proposed rule.

Statutory Authority: §41-22-5 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-5-.03 PUBLIC HEARING

At the next regular monthly meeting of the CMRS following the expiration of the thirty-five (35) day notice period, a public hearing on any proposed rule changes will be held before the adoption of the proposed rule or rules. All interested parties who make timely written request will be afforded the opportunity to speak.

Statutory Authority: §41-22-5 (a) Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-5-.04 EFFECTIVE DATE

The effective date of these rules and regulations, of all amendments thereto and repeals thereof, and of the adoption of emergency rules shall be determined in accordance with the Alabama Administrative Procedure Act.

Statutory Authority: §41-22-5 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

225-1-5-.05 EMERGENCY RULES

Emergency rules will be adopted pursuant to the Alabama Administrative Procedure Act.

Statutory Authority: §41-22-5 Code of Alabama, 1975

History: Adopted April 22, 1999; Effective Date June 7, 1999

For suggestions or comments about this page, please contact Bill Meadows at leecoema911@mindspring.com

Copyright © 2000, Commercial Mobile Radio Service