Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.9 - 911 Emergency Communications Fund

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Emergency
			 communications service surcharge money, collected and remitted by originating
			 service providers, shall be placed in a fund within the state treasury under
			 the control of the director.
(2)
			 Iowa Code section 8.33 shall not apply to moneys in the fund. Moneys earned as
			 income, including as interest, from the fund shall remain in the fund until
			 expended as provided in this subrule. However, moneys in the fund may be
			 combined with other moneys in the state treasury for purposes of
			 investment.
(3) Moneys in the fund
			 shall be expended and distributed in the following manner and order of
			 priority:
a. An amount as appropriated by the
			 general assembly to the department shall be allocated to the director and
			 program manager for implementation, support, and maintenance of the functions
			 of the director and program manager and to employ the auditor of state to
			 perform an annual audit of the 911 emergency communications fund.
b. The program manager shall allocate to each
			 joint 911 service board and to the department of public safety a minimum of
			 $1,000 per calendar quarter for each PSAP within the service area of the
			 department of public safety or joint 911 service board.
(1) The amount allocated under paragraph
			 10.9(3)
"b"
shall be 60 percent of the total amount of
			 surcharge generated per calendar quarter. The minimum amount allocated to the
			 department of public safety and the joint 911 board shall be $1,000 per PSAP
			 operated by the respective authority.
(2) Additional funds shall be allocated as
			 follows:
1. Sixty-five percent of the total
			 dollars available for allocation shall be allocated in proportion to the square
			 miles of the 911 service area to the total square miles in this
			 state.
2. Thirty-five percent of
			 the total dollars available for allocation shall be allocated in proportion to
			 the wireless 911 calls taken at the PSAP in the 911 service area to the total
			 number of wireless 911 calls originating in this state.
(3) The funds allocated in paragraph
			 10.9(3)
"b"
shall be used by the PSAPs for costs related to the
			 receipt and disposition of 911 calls.
c. The program manager shall allocate 10
			 percent of the total amount of surcharge generated per calendar quarter to
			 wireless carriers to recover their costs to deliver wireless E911 phase I
			 services as defined in the Federal Communications Commission (FCC) Docket
			 94-102 and further defined in the FCC's letter to King County, Washington,
			 dated May 7, 2001. If this allocation is insufficient to reimburse all wireless
			 carriers for the wireless service provider's eligible expenses, the program
			 manager shall allocate a prorated amount to each wireless carrier equal to the
			 percentage of the provider's eligible expenses as compared to the total
			 eligible expenses for all wireless carriers for the calendar quarter during
			 which expenses were submitted. When prorated expenses are paid, the remaining
			 unpaid expenses shall no longer be eligible for payment under paragraph
			 10.9(3)
"c."
This allocation is for the period beginning July
			 1, 2013, and ending June 30, 2026.
d. 911 call delivery costs and GIS grants.
(1) The program manager shall reimburse next
			 generation 911 network service providers, 911 call processing equipment
			 providers, 911 call transport providers, and third-party 911 automatic location
			 information database providers on a quarterly basis for the costs of
			 maintaining and upgrading the next generation 911 network functionality, 911
			 call processing equipment, 911 call transport from the next generation 911
			 network to public safety answering points and from the wireless originating
			 service provider network to the next generation 911 network, and the automatic
			 location information database.
(2)
			 The program manager may also provide grants to joint 911 service boards and the
			 department of public safety for the purpose of developing and maintaining GIS
			 data to be used in support of the next generation 911 network. The program
			 manager shall provide guidelines, application forms, and notice of the
			 availability of such grants on the department's website,
www.homelandsecurity.iowa.gov
.
e. The department may, in a
			 reserve account established within the 911 emergency communications fund,
			 credit each fiscal year an amount of up to 12% percent of the annual emergency
			 communications service surcharge collected pursuant to rule 605-10.8 (34A) and
			 the prepaid wireless 911 surcharge collected pursuant to rule 605-10.17 (34A).
			 However, the moneys contained in such reserve account shall not exceed 12%
			 percent of the total surcharges collected for each fiscal year. Moneys credited
			 to the reserve account shall only be used by the department for the purpose of
			 repairing or replacing equipment in the event of a catastrophic equipment
			 failure, as determined by the director.
f. If moneys remain in the fund after all
			 obligations are fully paid under paragraphs 10.9(3)
"a," "b," "c,"
			 "d,"
and
"e,"
remaining funds shall be expended and
			 distributed in the following priority order:
(1) The program manager, in consultation with
			 the 911 communications council, shall allocate an amount, not to exceed
			 $100,000 per fiscal year, for development of public awareness and educational
			 programs related to the use of 911 by the public; for educational programs for
			 personnel responsible for the maintenance, operation, and upgrading of local
			 911 systems; and for the expenses of members of the 911 communications council
			 for travel, monthly meetings, and training, provided, however, that the members
			 have not received reimbursement funds for such expenses from another
			 source.
(2) The program manager
			 shall allocate an equal amount of moneys to each PSAP for the following costs:
1. Costs related to the receipt and
			 disposition of 911 calls, including hardware and software for an internet
			 protocol-enabled next generation 911 network as specified in the NG911 Network
			 Implementation and Operations Plan.
2. Local costs related to access the
			 statewide interoperable communications system pursuant to Iowa Code section
			 29C.23.
(3) Any moneys
			 remaining in the fund at the end of each fiscal year shall not revert to the
			 general fund of the state but shall remain available for the purposes of the
			 fund.
(4) Payments to next
			 generation 911 network service providers, 911 call processing equipment
			 providers, 911 call transport providers, and third-party 911 automatic location
			 identification database providers shall be made quarterly, based on original,
			 itemized claims or invoices presented within 20 days of the end of the calendar
			 quarter. Claims or invoices not submitted within 20 days of the end of the
			 calendar quarter are not eligible for reimbursement and may not be included in
			 future claims and invoices. Payments to providers shall be made in accordance
			 with these rules and the State Accounting Policy and Procedures
			 Manual.
(5) Next generation 911
			 network service providers, 911 call processing equipment providers, 911 call
			 transport providers, and third-party 911 automatic location identification
			 database providers shall be reimbursed for only those items and services that
			 are defined as eligible in the NG911 Network Implementation and Operations Plan
			 and when initiation of service has been ordered and authorized by the 911
			 program manager.
(6) Ifit is found
			 that an overpayment has been made to an entity, the 911 program manager shall
			 attempt recovery of the debt from the entity by certified letter. Due diligence
			 shall be documented and retained at the homeland security and emergency
			 management department. If resolution of the debt does not occur and the debt is
			 at least $50, the homeland security and emergency management department will
			 then utilize the income offset program through the department of revenue. Until
			 resolution of the debt has occurred, the homeland security and emergency
			 management department may withhold future payments to the entity.