KRS § 65.7629 — KY Code / Title IX / Chapter 65 / Section 65.7629
65.7629 Powers and duties of board
Status: in_force

65.7629 Powers and duties of board.

The board shall administer the provisions of KRS 65.7621 to 65.7643, and shall have the

following powers and duties:

(1) To review, evaluate, and approve or disapprove the plans or plan modifications that

are submitted to the board for complying with the wireless E911 service

requirements established by the FCC order and by any rules or regulations which

are or may be adopted by the Federal Communications Commission in carrying out

the FCC order;

(2) To develop standards to be followed by the board in reviewing, evaluating,

approving, or disapproving the plans or plan modifications that are submitted to the

board;

(3) (a) To collect the CMRS service charge from each CMRS connection:

1. With a place of primary use, as defined in 4 U.S.C. sec. 124, within the

Commonwealth; or

2. For prepaid CMRS connections, until January 1, 2017, at which time the

CMRS prepaid service charge imposed under KRS 65.7634 and

collected under KRS 142.100 to 142.135 shall take effect and this

subparagraph shall no longer be in force:

a. With a place of primary use, as defined in 4 U.S.C. sec. 124,

within the Commonwealth; or

b. With a geographical location associated with the first six (6) digits,

or NPA/NXX, of the mobile telephone number is inside the

geographic boundaries of the Commonwealth.

(b) The CMRS postpaid service charge, and until January 1, 2017, the CMRS

prepaid service charge, shall be seventy cents ($0.70) per month per CMRS

connection, to be calculated, collected, and remitted in accordance with KRS

65.7635. The amount of the CMRS service charge shall not be increased

except by act of the General Assembly;

(4) To deposit the proceeds of the CMRS prepaid service charge levied under KRS

65.7634 that are collected by the Department of Revenue into the CMRS fund

established by KRS 65.7627 and to distribute those revenues in accordance with

KRS 65.7631. The CMRS prepaid service charge shall be calculated, collected, and

remitted in accordance with KRS 65.7634 and 142.100 to 142.135;

(5) To administer and maintain the CMRS fund according to the provisions of KRS

65.7627, and promptly to deposit all revenues from the CMRS service charges into

the CMRS fund;

(6) To make disbursements from the CMRS fund, according to the allocations and

requirements established in KRS 65.7631;

(7) To establish procedures and guidelines to be followed by the board in reviewing,

evaluating, and approving or disapproving disbursements from the CMRS fund and

requests for disbursements made in accordance with KRS 65.7631;

(8) To resolve conflicts regarding reimbursable costs and expenses under KRS

65.7631(4);

(9) To submit annual reports to the Auditor of Public Accounts no later than sixty (60)

days after the close of each fiscal year, which shall provide an accounting for all

CMRS service charges deposited into the CMRS fund during the preceding fiscal

year and all disbursements to CMRS providers and PSAPs during the preceding

fiscal year;

(10) To employ consultants, engineers, and other persons and employees as may be, in

the judgment of the board, essential to the board's operations, functions, and

responsibilities, and to fix and pay their compensation from funds available to the

board;

(11) To acquire, by gift, purchase, installment purchase, or lease, any equipment

necessary to carry out the board's purposes and duties;

(12) To retain any and all information, including all proprietary information, that is

submitted to the board by CMRS providers and PSAPs, for the purposes of

maintaining it and verifying its accuracy;

(13) To retain, with approval by the Auditor of Public Accounts, an independent

certified public accountant who shall audit, once every twenty-four (24) months, the

books of the board, CMRS providers, and PSAPs eligible to request or receive

disbursements from the CMRS fund under KRS 65.7631 for the following

purposes:

(a) To verify the accuracy of collection, receipts, and disbursements of all

revenues derived from the CMRS service charges and the number of wireless

E911 calls received by each PSAP eligible to request or receive disbursements

from the CMRS fund;

(b) To determine whether the revenues generated by the CMRS service charges

equal, exceed, or are less than the costs incurred in order to comply with the

FCC order;

(c) To determine the sufficiency of the funds currently being withheld for

administrative purposes under KRS 65.7631(2); and

(d) To verify the accuracy of CMRS customer count information reported to the

board by CMRS providers.

The independent certified public accountant shall make a report of the audits to the

board and to the appropriate chief executive officer or officers of the CMRS

providers and PSAPs, and to the local governments responsible for the formation of

the PSAP. The independent certified public accountant shall also forward a copy of

the audits conducted pursuant to this subsection to the Legislative Research

Commission for referral to the appropriate committee or committees and to the

Auditor of Public Accounts. Upon request, the independent certified accountant

shall send any work papers related to the audits to the Auditor of Public Accounts.

All information with respect to the audits shall be released to the public or

published only in aggregate amounts which do not identify or allow identification of

numbers of subscribers or revenues attributable to individual CMRS providers;

(14) To ensure that all carriers have an equal opportunity to participate in the wireless

E911 system;

(15) To ensure that wireless E911 systems are compatible with wireline E911 systems;

(16) To determine the appropriate method for disbursing funds to PSAP's based on

wireless workload under KRS 65.7631(5)(b);

(17) To develop standards and protocols for the improvement and increased efficiency of

911 services in Kentucky;

(18) To provide direct grants or state matches for federal, state, or private grants for the

establishment or improvement of the 911 emergency telecommunications system in

the Commonwealth; and

(19) To develop and implement standards for advancements and new technology in the

operation of emergency telecommunications in the state, including the development

and implementation of next generation 911 service.