Alabama Administrative Code › Title 585 - ALABAMA STATEWIDE NINE - ONE - ONE BOARD › Chapter 585-X-4 - COLLECTION AND DISBURSEMENT OF SERVICE CHARGES › Section 585-X-4-.09 - Additional Distributions to Emergency Communication Districts from the Cost Recovery Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Board recognizes that it is of utmost importance that each Emergency
			 Communication District (ECD) validly formed and operating within the State of
			 Alabama as of September 30, 2011, at a minimum, be made whole, as contemplated
			 by the passage of Act 2012-293 and adoption of the statewide 911 charges
			 heretofore made.
(2) The Board
			 acknowledges that under the current funding mechanism that some ECDs may not be
			 made whole by the current base distribution amount and per capita distribution.
			 Under Section
			 11-98-5(f)
Code of Ala. 1975
,
			 as amended, in the event the Board determines that revenues allocated to
			 reimbursement of CMRS providers for cost recovery is sufficient, then in that
			 event, the Board may, at its discretion, distribute those excess revenues for
			 the benefit of the ECDs currently existing and operating within the
			 state.
(3) In the event an ECD is
			 not made whole by virtue of its base distribution amount and per capita
			 distribution, and if there are funds available in the Cost Recovery Fund over
			 and above amounts sufficient to reimburse providers for cost recovery, then and
			 in that event, the Board may make such ECD whole by use of funds from the Cost
			 Recovery Fund.
(4) If, after
			 payments to ECDs in order for them to be made whole and payment of cost
			 reimbursement to CMRS providers, there are funds available in the Cost Recovery
			 Fund, then and in that event, the Board shall make payments to all vendors for
			 costs related to the deployment and operation of a statewide
			 9-1-1
			 voice and data system.
(5) If
			 possible, after payments to ECDs in order for them to be made whole, payment of
			 cost reimbursement to CMRS providers, and payments of costs related to the
			 deployment and operation of a statewide
			 9-1-1
			 voice and data system, the Cost Recovery Fund shall at all times maintain a
			 minimum balance equal to one hundred and eighty (180) days operational and
			 administrative costs of the board, which includes payments to all vendors and
			 costs related to the deployment and operation of a statewide
			 9-1-1
			 voice and data system.
(6) If
			 possible, after payments to ECDs in order for them to be made whole, payment of
			 cost reimbursement to CMRS providers, payments of costs related to the
			 implementation and operation of the next generation statewide
			 9-1-1
			 call delivery network, and the Cost Recovery Fund has a minimum of 180 days of
			 operational and administrative costs of the board as stated in Paragraph 5,
			 then the Board may, in its discretion, set aside an amount from the Cost
			 Recovery Fund to fund the Board's advisory, training, and grant programs as
			 contemplated by Sec.
			 11-98-4.1
Code of Ala. 1975
, as amended, and Rules
			 585-X-2-.07 and
			 585-X-2-.08.
(7) If after compliance with (3), (4), (5),
			 and (6) above, the Board will review the balance in the Cost Recovery Fund
			 beginning in November 2018 and at least annually thereafter, to determine if
			 there are additional funds that may be distributed to the ECDs. If the Board
			 determines there are additional funds for distribution, then any distribution
			 the Board makes from the Cost Recovery Fund shall be done on the following
			 basis:
(a) One half (1/2) of the total amount
			 the Board determines that may be distributed to the ECDs shall be made to each
			 ECD formed and validly operating as of September 30, 2011 and which is
			 currently existing and operating within the state, based on the distribution
			 formula used when calculating the per capita distribution amount due a
			 particular ECD.
(b) One half (1/2)
			 of the total amount the Board determines that may be distributed to the ECDs
			 shall be made in equal parts to each ECD which was formed and operating as of
			 September 11, 2011 and which is currently existing and operating within the
			 state.