Section 11.5. Disbursement of fund amounts by agency.
(a) Expenditures for wireless E-911 systems.--During each fiscal year the agency may, only in furtherance of the Wireless E-911 State plan, disburse moneys from the Wireless E-911 Emergency Services Fund to PSAPs with agency-approved county plans or amended county plans and wireless providers for the following purposes:
(1) To pay the costs of PSAPs and wireless providers
provided for in section 11.4(a)(1) and (d)(2) and the costs
of PSAPs provided for in section 11.4(a)(2).
(2) To train emergency service personnel regarding
receipt and use of wireless E-911 service information.
(3) To educate consumers regarding the operations,
limitations, role and responsible use of wireless E-911
service.
(b) Limitations on use of fund amounts by PSAPs.--No PSAP shall receive a disbursement from the fund for any cost necessary to house the wireless E-911 system or for the purchase of real estate, cosmetic remodeling, ambulances, fire engines or other emergency vehicles, utilities, taxes and other expenses as determined by the agency. No more than 70% of the disbursements which a PSAP receives from the fund during the agency's fiscal year may be utilized to fund personnel training, salary and benefit costs.
(c) Manner of payment.--Each PSAP and wireless provider shall submit to the agency each year, not later than 120 days before the first day of the agency's fiscal year, the eligible costs it expects to incur for wireless E-911 service during the next fiscal year of the agency. The submission may include eligible costs that the PSAP or wireless provider has already incurred for wireless E-911 service at the time of the submission. The agency shall review the submission, ensure that the costs are eligible for payment from the fund and notify the submitting PSAP or wireless provider, not later than 30 days before the first day of the agency's fiscal year, of the eligible costs. The agency shall pay to each PSAP and wireless provider, from the fund, the amount of the submitted costs the agency determined to be eligible, whether or not the costs have been incurred at or before the time of payment and whether or not the costs, if already incurred, were incurred prior to the effective date of this section. Payment shall be made in four equal payments during the first month of each quarter of the agency's fiscal year as follows:
(1) The agency shall first pay the costs approved for
each PSAP that are payable in the quarter.
(2) Following the payment of approved costs to a PSAP
for Phase I deployment of wireless E-911 service, as set
forth in the FCC E-911 Order, but only after the PSAP has
issued its request to wireless providers to furnish Phase I
wireless E-911 service pursuant to the FCC E-911 Order, the
agency shall pay the approved costs of wireless providers
that are payable in the quarter to provide the requested
wireless E-911 service to that PSAP.
(3) Following the payment of approved costs to a PSAP
for Phase II deployment of wireless E-911 service, as set
forth in the FCC E-911 Order, but only after the PSAP has
issued its request to wireless providers to furnish Phase II
wireless E-911 service pursuant to the FCC E-911 Order, the
agency shall pay the approved costs of wireless providers
that are payable in the quarter to provide the requested
wireless E-911 service to that PSAP.
(4) In any quarter of the agency's fiscal year, all
costs specified in section 11.4(a)(1) that are approved by
the agency for payment to PSAPs or wireless providers shall
be paid before any other costs payable pursuant to this
chapter are paid to any PSAP or wireless provider. In the
first quarter of the agency's fiscal year, the agency shall
determine whether payments to PSAPs and wireless providers
during the preceding fiscal year exceeded or were less than
the eligible costs incurred by each PSAP and wireless
provider submitting costs during the fiscal year. Each PSAP
and wireless provider shall provide verification of such
costs as required by the agency. Any overpayment shall be
refunded to the agency or, with the agency's approval, may be
used to pay agency-approved costs the PSAP or wireless
provider submitted for the current fiscal year of the agency.
The amount of any underpayment will be paid to the PSAP or
wireless provider in accordance with this subsection and
subsection (d) within the current fiscal year. The agency
shall reconsider a determination of eligible costs pursuant
to this subsection upon request by a submitting PSAP or
wireless provider and shall provide a procedure for such
reconsideration.
(d) Pro rata sharing of fund amounts.--
(1) If the total amount of money in the fund in any
quarter is insufficient to pay for both agency-approved PSAP
costs and agency-approved wireless provider costs which are
payable in the quarter under subsection (c) for both Phase I
deployment and Phase II deployment of wireless E-911 service,
as set forth in the FCC E-911 Order, then payments from the
fund for that quarter shall be made as follows:
(i) The agency-approved Phase I deployment costs of
a PSAP and those wireless providers to which the PSAP has
issued its request for Phase I wireless E-911 service
shall be paid before any agency-approved costs for Phase
II deployment are paid.
(ii) If, notwithstanding subparagraph (i), the total
amount of moneys in the fund in the quarter is
insufficient to pay all Phase I deployment costs of both
PSAPs and wireless providers which are payable in the
quarter, then each requesting PSAP and each requesting
wireless provider shall receive, for payment of Phase I
deployment costs, a pro rata share of the total amount of
moneys in the fund in the quarter.
(iii) If the total amount of moneys in the fund in
the quarter is insufficient to pay all agency-approved
Phase II deployment costs of both PSAPs and wireless
providers which are payable in the quarter, then each
requesting PSAP and each requesting wireless provider
shall receive, for payment of Phase II deployment costs,
a pro rata share of the total moneys in the fund which
are available in the quarter for payment of Phase II
deployment costs.
(2) For any PSAP or wireless provider, pro rata shares
shall be computed based upon the total dollar amount of money
available in the fund for payment of Phase I or Phase II
deployment costs, whichever is applicable, multiplied by the
ratio of:
(i) the total dollar amount of agency-approved but
unpaid costs of that PSAP or wireless provider for Phase
I or Phase II deployment, whichever is applicable; to
(ii) the total dollar amount of all agency-approved
but unpaid costs.
(3) Any remaining unpaid agency-approved PSAP costs or
wireless provider costs shall be carried forward for payment
during the next fiscal quarter. Such carryforward process
shall continue each fiscal quarter until all agency-approved
PSAP costs and wireless provider costs have been paid. Pro
rata and other payments under this subsection, including, but
not limited to, payments of costs which are carried forward
for payment in subsequent fiscal quarters, shall also be
subject to all provisions and requirements of subsection (c)
except for subsection (c)(1).
(e) Triennial financial audit.--The agency shall require a triennial financial audit of each PSAP's use of the disbursements it has received from the fund and of a wireless provider's collection, deduction, retention, remittance and use of the amounts collected by the wireless provider under the wireless E-911 surcharge or the disbursements it received from the fund. These triennial financial audits shall be consistent with guidelines established by the agency, and the cost of each audit shall be paid from the fund.
(11.5 added Dec. 30, 2003, P.L.384, No.56)