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RESOLUTION 2003 - 09 FOR A WIRELESS TELEPHONE USER FEE IN CITY OF MOSCOW, IDAHO WHEREAS, the 1988 Idaho Legislature amended the Idaho Code by creating Title 31, Chapter 48, a Chapter entitled the Emergency Communications Act; and WHEREAS, this Emergency Communication Act provides a means for funding the initiation, maintenance and enhancement of facilities, equipment and dispatching services for a Consolidated Emergency Communications System; and WHEREAS, the Idaho Legislature in 2003 amended the Emergency Communications Act to allow the City to collect the Emergency Communications fee from telecommunications providers including wireless carriers; and WHEREAS, the City, pursuant to Idaho Code opted out of a Latah County-wide emergency communications system pursuant to law in 1990; and WHEREAS, the City, pursuant to Ordinance 90-16 established a 911 service area City-wide and its E911 Emergency Communications Center; and WHEREAS, in 1990 citizens of the City of Moscow, Idaho authorized the City to institute a telephone line user fee in an amount no greater than one dollar per month per line to be used to fund its 911 and Enhanced 911 Services; and WHEREAS, the Federal Communications Commission (FCC) adopted Report and Order and a Further Notice of Proposed Rulemaking, establishing rules requiring wireless carriers to implement 911 and Enhanced 911 services in FCC Docket 94-102 on June 12, 1996; and WHEREAS, the FCC outlines a two phased resolution, with Phase I to begin as of April 1998 and Phase II as of October 200 I; and WHEREAS, the FCC Memorandum Opinion and Order, adopted December I, 1997, modified FCC Docket 94-102, to remedy technical problems and reaft1rmed their commitment to the rapid implementation of the technologies needed to bring emergency assistance to wireless callers throughout the United States; and WHEREAS, the City's E91 1 Emergency Communications Center receives approximately twenty five hundred (2,500) 911 calls per month of which six hundred (600) or nearly one fourth (1/4) are calls from wireless telephones and the number of such wireless calls is expected to increase; and WHEREAS, Council finds it is important to include wireless carriers in the group of those from whom it collects the authorized Emergency Communications fees pursuant to Idaho Code in RES(J!J:TJO\' 2003 ·09 W!REIJCSS TU.LP!!O:\E USER FEI@ PAGE! OF 3 ---PAGE BREAK--- order to be able to facilitate the enhancement of consolidated emergency communications systems in the City's E91 I service area; and WHEREAS, the Council is determined to keep the telephone line user fee the same for wireline and wireless providers; NOW, THEREFORE, BE IT HEREBY RESOLVED BY the Council of the City of Moscow, Idaho that: l. The City hereby declares that it has established a basic Consolidated Emergency System and an Enhanced Consolidated Emergency System in the E911 service area which is also all areas contained within the City limits of the City of Moscow, Idaho. 2. The City established such Enhanced Consolidated Emergency System for the purposes of protecting and promoting public health and safety, keeping pace of advances in telecommunications technology and the various choices of telecommunications technology available to the public, coordinating programs to ensure that its Enhanced 911 services are available to all citizens within its service area, being able to communicate with other providers of 911 services and E911 services, collecting and utilizing revenues for emergency communications fees pursuant to law, and other purposes consistent with the provision of police, fire, emergency and health related services to persons and entities within the City's 911 service area. 3. City hereby directs all telecommunications providers, including, but not limited to, wireless carriers who provide telecommunication services within the City's 911 service area to provide Phase I and Phase II enhanced 911 services to the City's 911 service area within six months of December I, 2003. Wireless carriers known to the City to be providing services within the City's 911 service area at this time include AT&T, Verizon, Sprint, T Mobile, Inland Cellular, Cellular One, and Cingular. 4. All wireless carriers in the City's 911 service area shall collect an emergency communications fee in an amount no greater than one dollar per month per access line as those terms are defined in Idaho· s Emergency Communications Act (Title 31, Chapter 48 Idaho Code) and shall remit such proceeds on a basis to City of Moscow, Idaho at 206 East Third Street, P 0 Box 9203, Moscow, Idaho, 83843 for deposit into the City's General Fund - 911 Telephone Tax account which relates to provision of E911 services as allowed by law. This remittance will occur on the last day of the month following the provider's billing cycle. 5. Pursuant to Idaho Code Section 3!-4804A, other relevant portions of Idaho Code Title 31, Chapter 48, and this Resolution, wireless carriers within City's 911 service area shall be entitled to deduct and retain one percent of the collected emergency communications fee each month as the cost of administration for collection of the fee unless otherwise provided by contract between City of Moscow, Idaho and such wireless carrier. RESOLLT!Oi\ 2003 -OY W!REU:oSS TLLEP!lO:\l: USER FIT. PV;L20!'3 ---PAGE BREAK--- 6. That this Resolution shall become effective as of December I, 2003. APPROVED AND ADOPTED this I st day of December, 2003. ATTEST: RESOU.TIOA 2003 -09 W!RI:LESS TELEPI!O:\t USER FEE City of Moscow, Idaho PMiEJOF3