Tennessee § 7-86-103 - Chapter definitions.

§ 7-86-103. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “911 service” means regular 911 service enhanced universal emergency number service or enhanced 911 service that is a telephone exchange communications service whereby a public safety answering point may receive telephone calls dialed to the telephone number 911. “911 service” includes lines and may include the equipment necessary for the answering, transferring and dispatching of public emergency telephone calls originated by persons within the serving area who dial 911, but does not include dial tone first from pay telephones that may be made available by the service provider based on the ability to recover the costs associated with its implementation and consistent with tariffs filed with the Tennessee public utility commission; “911 surcharge” means the surcharge that is required to be collected from consumers under § 7-86-128(a); “Appropriate county or municipality” means the legislative body of the county or municipality that, by resolution or ordinance, respectively, created the emergency communications district; “Automatic dialer” means an unattended customer premise device or equipment that generates pulses or tones that activate telephone company central office equipment and causes the calling line to be connected with the telephone line of the called number; “Commercial mobile radio service” or “CMRS” means commercial mobile radio service under §§ 3(27) and 332(d) of the Federal Telecommunications Act of 1996 (47 U.S.C. 151, et seq.), the Omnibus Budget Reconciliation Act of 1993, and 47 CFR 20.9, and includes service provided by any wireless two-way communication device, including radio telephone communication 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 access line. “Commercial mobile radio service” also includes, but is not limited to, any and all broadband personal communications service, cellular radio telephone service, geographic area specialized mobile radio (SMR) services in all bands that offer real-time, two-way voice service that is interconnected with the public switched network, incumbent wide area SMR service, or any other cellular or wireless telecommunications service. Nothing in this definition shall be construed to require compliance by any amateur radio operator or such radio system; “Commercial mobile radio service provider” means any person, corporation, or entity licensed by the federal communications commission to offer CMRS in the state of Tennessee, and includes, but is not limited to, broadband personal communications service, cellular radio telephone service, geographic area SMR services in the 800 MHz and 900 MHz bands that offer real-time, two-way voice service that is interconnected with the public switched network, incumbent wide area SMR licensees, or any other cellular or wireless telecommunications service to any service user; “Communications service” means a service that: Is capable of contacting and has been enabled to contact a public safety answering point (PSAP) via a 911 network by entering or dialing the digits 911; Is a “telecommunications service” as defined by § 67-6-102; and Is neither “prepaid calling service” nor “prepaid wireless calling service” as defined in § 67-6-102; “Consumer” means a person who purchases retail communications service or prepaid communications services in a retail transaction; “Dealer” has the meaning set forth in § 67-6-102; “Direct dispatch method” means a 911 service in which a public service answering point, upon receipt of a telephone request for emergency services, provides for the dispatch of appropriate emergency service units and a decision as to the proper action to be taken; “District” means any emergency communications district created pursuant to this part; “Exchange access facilities” means all lines, provided by the service supplier for the provision of exchange telephone service, as defined in existing general subscriber services tariffs filed by the service supplier with the Tennessee public utility commission; “Federal communications commission order” means the Order of the Federal Communications Commission, FCC Docket 94-102, adopted on June 12, 1996, and released on July 26, 1996, and any subsequent amendments, and includes other federal communications commission rules and orders relating to CMRS providers, CMRS, and wireless enhanced 911 service; “IP-enabled services” means services and applications making use of Internet protocol (IP) including, but not limited to, voice over IP and other services and applications provided through wireline, cable, wireless, and satellite facilities, and any other facility that may be provided in the future through platforms that may not be deployable at present, that are capable of connecting users dialing or entering the digits 911 to public safety answering points (PSAPs); “Non-wireline service” means any service provided by any person, corporation or entity, other than a service supplier as defined in this part, that connects a user dialing or entering the digits 911 to a PSAP, including, but not limited to, commercial mobile radio service and IP-enabled services; “Prepaid communications service” means “prepaid wireless calling service”, as set forth in § 67-6-102, that is capable of contacting a PSAP by entering or dialing the digits 911; “Prepaid wireless telecommunications service” means 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; “Public safety answering point” or “PSAP” means a facility that has been designated to receive 911 phone calls and route them to emergency services personnel pursuant to § 7-86-107(b); “Public safety emergency services provider” means any municipality or county government that provides emergency services to the public. Such providers or services include, but are not limited to, emergency fire protection, law enforcement, police protection, emergency medical services, poison control, animal control, suicide prevention, and emergency rescue management; “Relay method” means a 911 service in which a public safety answering point, upon receipt of a telephone request for emergency services, notes the pertinent information from the caller and relays such information to the appropriate public safety agency or other agencies or other providers of emergency service for dispatch of an emergency unit; “Retail sale” has the meaning set forth in § 67-6-102; “Sales price” has the meaning set forth in § 67-6-102; “Service supplier” means any person, corporation or entity providing exchange telephone service to any service user; “Service user” means any person, corporation or entity that is provided 911 service; “Tariff rate” means the flat monthly recurring rate for one-party residence or business exchange access service within the base rate area of the principal exchange of the predominant service supplier within the geographical confines of the district, as stated in such service supplier's tariffs filed with the Tennessee public utility commission, but does not include taxes, fees, licenses, end-user access charges or any similar charges whatsoever; “Transfer method” means a 911 service in which a public safety answering point, upon receipt of a telephone request for emergency services, directly transfers such request to an appropriate public safety agency or other provider of emergency services; “Wireless enhanced 911 service” means service with location and number identification technology whereby users of non-wireline service may contact a PSAP by entering or dialing the digits 911; such service includes, but is not limited to, wireless enhanced 911 service as set forth in the federal communications commission order; and “Wireless telecommunications service” means commercial mobile radio service as defined by 47 CFR 20.3. Acts 1984, ch. 867, § 3; 1985, ch. 271, § 1; 1990, ch. 909, § 1; 1993, ch. 411, § 2; 1993, ch. 479, § 2; 1995, ch. 305, § 86; 1998, ch. 1108, §§ 3, 24; 2006, ch. 925, §§ 2-4; 2010, ch. 774, § 1; 2012, ch. 935, § 1; 2014, ch. 795, § 2; 2017, ch. 94, § 22. Compiler's Notes. Acts 2014, ch. 795, § 1 provided that the act, which amended this section, shall be known and may be cited as the “911 Funding Modernization and IP Transition Act of 2014”. The Omnibus Budget Reconciliation Act of 1993 referenced in this section is Act Aug. 10, 1993, P.L. 103-66, which is codified throughout several titles of the U.S.C. It amends certain provisions of the Federal Telecommunications Act of 1996. Amendments. The 2014 amendment, effective January 1, 2015, added the definitions of “911 surcharge”, “communications service”, “consumer”, “dealer”, “prepaid communications service”, “retail sale”, and “sales price”. The 2017 amendment substituted “Tennessee public utility commission” for “Tennessee regulatory authority” at the end of the definitions of “911 service” and “exchange access facilities” and in the definition of “tariff rate”. Effective Dates. Acts 2014, ch. 795, § 15. January 1, 2015. Acts 2017, ch. 94, § 83. April 4, 2017. Cross-References. Statewide wireless enhanced 911 service, title 7, ch. 86, part 3. Use of automatic dialer programmed to emergency number, § 7-86-118 . Attorney General Opinions. Status of “911 tapes” under Public Records Act, OAG 93-65, 1993 Tenn. AG LEXIS 67 (11/29/93). The E911 board may impose an emergency telephone service charge for each channel in a T-1 or PRI circuit that is capable of conveying an outbound voice telephone call from the service user to an E911 public safety answering point, OAG 07-038 (3/28/07).