North Carolina § 143B-1400 - Definitions.

§ 143B-1400. Definitions.

The following definitions apply in this Part. 911 Board. - The 911 Board established in G.S. 143B-1401. 911 Fund. - The North Carolina 911 Fund established in G.S. 143B-1403. 911 State Plan. - A document prepared, maintained, and updated by the 911 Board that provides a comprehensive plan for communicating 911 call information across networks and among PSAPs, addresses all aspects of the State's 911 system, and describes the allowable uses of the 911 Fund, including, but not limited to, transfer of 911 calls between geographically dispersed PSAPs, increased aggregation and sharing of call taking data, resources, procedures, standards, and requirements to improve emergency response and implementation of a NG911 network. 911 system. - An emergency communications system using any available technology that does all of the following: Enables the user of a communications service connection to reach a PSAP by dialing the digits 911. Provides enhanced 911 service. Delivers 911 calls to the State ESInet as provided by G.S. 143B-1406(e1) or a Next Generation 911 Network. 911 system provider. - An entity that provides an Enhanced 911 or NG911 system to a PSAP. Agent. - An agent is an authorized person, including an employee, contractor, or volunteer, who has one or more roles in a PSAP or for a communications service provider. An agent can also be an automaton in some circumstances. Back-up PSAP. - The capability to operate as part of the 911 System and all other features of its associated primary PSAP. The term includes a back-up PSAP that receives 911 calls only when they are transferred from the primary PSAP or on an alternate routing basis when calls cannot be completed to the primary PSAP. Call taking. - The act of processing a 911 call for emergency assistance by a primary PSAP, including the use of 911 system equipment, call classification, location of a caller, determination of the appropriate response level for emergency responders, and dispatching 911 call information to the appropriate responder. Commercial Mobile Radio Service (CMRS). - Defined in 47 C.F.R. § 20.3. Communications service. - Any of the following: The transmission, conveyance, or routing of real-time communications to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave, wireline, wireless, Internet protocol, or other medium or method, regardless of the protocol used. The ability to receive and terminate voice calls, text-to-911, short message service (SMS) or other messages, videos, data, or other forms of communication to, from, and between the public switched telephone network, wireless networks, IP-enabled networks, or any other communications network. Interconnected VoIP service. Communications service connection. - Each telephone number or trunk assigned to a residential or commercial subscriber by a communications service provider, without regard to technology deployed. Communications service provider. - An entity that provides communications service to a subscriber. CMRS connection. - Each mobile handset telephone number assigned to a CMRS subscriber with a place of primary use in North Carolina. CMRS provider. - An entity, whether facilities-based or nonfacilities-based, that is licensed by the Federal Communications Commission to provide CMRS or that resells CMRS within North Carolina. Emergency medical dispatch. - The management of requests for emergency medical assistance by utilizing a system of: A tiered response or priority dispatching of emergency medical resources based on the level of medical assistance appropriate for the victim; and Pre-arrival first aid or other medical instructions given by trained telecommunicators responsible for receiving 911 calls and dispatching emergency response services. Enhanced 911 service. - Directing a 911 call to an appropriate PSAP by selective routing or other means based on the geographical location from which the call originated and providing information defining the approximate geographic location and the telephone number of a 911 caller, in accordance with the FCC Order. Exchange access facility. - The access from a subscriber's premises to the telephone system of a service supplier. The term includes service supplier provided access lines, private branch exchange trunks, and centrex network access registers, as defined by applicable tariffs approved by the North Carolina Utilities Commission. The term does not include service supplier owned and operated telephone pay station lines, Wide Area Telecommunications Service (WATS), Foreign Exchange (FX), or incoming only lines. FCC Order. - The Order of the Federal Communications Commission FCC Docket No. 94-102, adopted on December 1, 1997, and any consent decrees, rules, and regulations adopted by the Federal Communications Commission pursuant to the Order. GIS. - Computerized geographical information that can be used to assist in locating a person who calls emergency assistance, including mapping elements such as street centerlines, ortho photography, or other imaging, and geospatial call routing to deliver 911 calls to an appropriate PSAP. Interconnected VoIP service. - Defined in 47 C.F.R. § 9.3. Local exchange carrier. - An entity that is authorized to provide telephone exchange service or exchange access in North Carolina. Next generation 911 network. - Managed Internet Protocol based networks, gateways, functional elements, and databases that augment E-911 features and functions enabling the public to transmit digital information to public safety answering points replacing Enhanced 911, that maintains P.01 for Basic 911 or Enhanced 911 services or NENA i3 Solution standard for NG911 services, and that includes Emergency Service IP Network (ESInet), GIS, cybersecurity, and other system components. Next generation 911 system. - An Internet Protocol-enabled emergency communications system enabling the public or subscriber of a communications service to reach an appropriate PSAP by sending the digits 911 via dialing, text, or short message service (SMS), or any other technological means. Next generation 911 system provider. - An entity that provides a next generation or IP-enabled 911 system to a PSAP. Prepaid wireless telecommunications service. - A wireless telecommunications service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount. Primary PSAP. - The first point of reception of a 911 call by a public safety answering point. Proprietary information. - Subscriber lists, technology descriptions, technical information, or trade secrets that are developed, produced, or received internally by a communications service provider or by a communications service provider's employees, directors, officers, or agents. Public safety answering point (PSAP). - The public safety agency that receives an incoming 911 call and dispatches appropriate public safety agencies to respond to the call. Regional PSAP. - Any of the following: Retail transaction. - The sale of prepaid wireless telecommunications service for any purpose other than resale. Service supplier. - An entity that provides exchange telephone service or communications service to the public or a subscriber. State Emergency Services IP (ESInet) Network. - A NG911 network contracted by the 911 Board to one or more communications service providers for the purpose of securely receiving 911 calls, transferring 911 calls and all associated data, providing centralized network management and security monitoring, and enabling GIS call routing. Subscriber. - A person who purchases a communications service and is able to receive it or use it periodically over time. Telecommunicator. - A person qualified to provide 911 call taking employed by a PSAP. The term applies to 911 call takers, dispatchers, radio operators, data terminal operators, or any combination of such call taking functions in a PSAP. Voice communications service. - Any of the following: The transmission, conveyance, or routing of real-time, two-way voice communications to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave, wireline, wireless, or other medium or method, regardless of the protocol used. The ability to receive and terminate voice calls to and from the public switched telephone network. Interconnected VoIP service. , (31) Repealed by Session Laws 2015-261, s. 4(a), effective January 1, 2016. (1) A primary PSAP operated by or on behalf of two or more counties and any number of municipalities, approved by the Board, for 911 call taking. (2) A PSAP operated by any combination of a county or city and a major military installation, as defined in G.S. 143-215.115, if operated subject to an intergovernmental support agreement under 10 U.S. Code Section 2679. (32) VoIP provider. - An entity that provides interconnected VoIP service. History (2007-383, s. 1(a); 2010-158, s. 1; 2011-122, s. 2; 2014-66, s. 1.1; 2015-241, s. 7A.3(2); 2015-261, ss. 1(a), 4(a); 2019-200, s. 7(a); 2019-214, s. 2(a).) Cross References. - As to 911 service charge for prepaid wireless telecommunications service, see G.S. 105-187.70. Editor's Note. - This Part is former Article 3 of Chapter 62A (G.S. 62A-40 through 62A-56) as recodified by Session Laws 2015-241, s. 7A.3(2). Where appropriate, the historical citations to the section in the former article have been added to the corresponding sections in this part as recodified. As part of the recodification, subsection and subdivision designations have been changed and statutory references to recodified sections have been updated at the direction of the Revisor of Statutes. Former G.S. 62A-40 was recodified by Session Laws 2015-241, s. 7A.3(2) as G.S. 143B-1360. It was subsequently renumbered as G.S. 143B-1400 at the direction of the Revisor of Statutes. At the direction of the Revisor of Statutes, subdivisions (21) and (22) of this section as enacted by Session Laws 2007-383, s. 1, were redesignated as subdivisions (22) and (21), respectively, to maintain alphabetical order. The preamble to Session Laws 2007-383, provides: "Whereas, maintaining an efficient Enhanced 911 system across the State benefits all citizens and not just certain localities; and "Whereas, the Wireless 911 Board has successfully administered the statewide wireless Enhanced 911 system for many years; and "Whereas, local governments have administered a similar wireline Enhanced 911 system for their local jurisdictions; and "Whereas, the average monthly 911 service charges paid to local governments by local exchange company customers exceeds the average monthly 911 service charges paid to the Wireless 911 Board by wireless company customers, thereby creating an unfair competitive advantage for wireless companies; and "Whereas, some VoIP-enabled providers do not currently support the Enhanced 911 system by collecting 911 service charges; and "Whereas, the consolidation of the State's Enhanced 911 system under a single board with a uniform 911 service charge will improve the integration of the State's 911 system, enhance efficiency and accountability, and create a level competitive playing field among voice communications technologies; Now, therefore." Session Laws 2007-383, s. 3(b), provides: "The records, personnel, property, and unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting and purchasing, of the Wireless 911 Board created under Article 2 of Chapter 62A of the General Statutes and repealed by subsection (a) of this section, are transferred to the 911 Board created under Article 3 of Chapter 62A of the General Statutes, as enacted by Section 1 of this act. All rules, decisions, and actions adopted, made, or taken by theWireless 911 Board created under Article 2 of Chapter 62A of the General Statutes that have not been repealed or rescinded continue in effect until repealed or rescinded by the 911 Board created under Article 3 of Chapter 62A of the General Statutes, as enacted by Section 1 of this act." Session Laws 2012-132, s. 1, provides: "No operating standards set by the 911 Board pursuant to Article 3 of Chapter 62A of the General Statutes shall be effective until January 1, 2014." Session Laws 2014-66, s. 1.4, made subdivision (4a), as added by Session Laws 2014-66, s. 1.1, applicable to distributions made on or after July 1, 2016. At the direction of the Revisor of Statutes, "this Part"' was substituted for "this Article" in the introductory paragraph and subdivisions (4a) through (24) were redesignated as subdivisions (5) through (32). Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2018-5, s. 37.4(b), as amended by Session Laws 2018-97, s. 10.3, provides: "For any services for which a bill is or has been rendered at any time prior to 180 days following the effective date of this section, whether under G.S. 143B-1403 or its predecessors as previously codified, no subscriber or communications service provider shall be liable to any person or entity for billing or remitting a different number of 911 service charges than is required by Part 10 of Article 15 of Chapter 143B of the General Statutes, as clarified by subsection (a) of this section. Subsection (a) of this section is intended as a clarification of existing law." Session Laws 2019-214, s. 2(b), made the amendments to subdivision (25a) of this section by Session Laws 2019-214, s. 2(a), effective September 4, 2019, and applicable to distributions for the 2019-2020 fiscal year and subsequent fiscal years. Effect of Amendments. - Session Laws 2010-158, s. 1, effective July 1, 2010, in subdivision (5), substituted "processing a 911 call for emergency assistance by a primary PSAP" for "processing a call for emergency assistance up to the point that the call is ready for dispatch," and added "and dispatching 911 call information to the appropriate responder"; and in subdivision (9), inserted "or other means." Session Laws 2011-122, s. 2, effective July 1, 2013, and applicable to all retail transactions occurring in this State, as that term is defined in this act, on or after that date, rewrote subdivision (15); and added subdivision (18a). Session Laws 2014-66, s. 1.1, effective July 9, 2014, added subdivision (4a). See Editor's note for applicability. Session Laws 2015-261, ss. 1(a) and 4(a), effective January 1, 2016, added subdivisions (5), (9)-(11), (20) and (21), deleted subdivisions (30) and (31) defining "voice communication service connection" and "voice communications service provider," respectively; rewrote subdivision (4); and deleted "voice" preceding "communications service" in subdivisions (24) and (28). Session Laws 2019-200, s. 7(a), effective August 21, 2019, rewrote the section. Session Laws 2019-214, s. 2(a), rewrote subdivision (25a). For effective date and applicability, see editor's note.