West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For
				purposes of this Rule, the Commission adopts the definitions of "commercial
				mobile radio service provider or CMRS provider," "county answering point,"
				"emergency services organization," "emergency service provider," "emergency
				telephone system," "enhanced emergency telephone system," "public agency,"
				"public safety unit," "telephone company," "comprehensive plan," "technical and
				operational standards," set forth in W. Va. Code §
									24-6-2. Regarding prepaid cellular
				service, the Commission adopts the definitions of "prepaid wireless calling
				service" in W. Va. Code §
									11-15-2 and "sale" in W. Va. Code
				§
									11-15-2. In addition, unless
				otherwise specified in this Rule, the Commission adopts the definitions set
				forth in section 1.7 of the Commission's
Rules for the Government of
				Telephone Utilities,
C.S.R. §
									150-6-1.7.
2.2. "Cost" -- Means, as applied to any
				project to be financed in whole or in part with funds provided from the Tower
				Access Assistance Fund, the cost of acquisition, equipping, and/or construction
				of the proposed wireless tower; the cost of preliminary design and analysis,
				surveys, borings; the cost of environmental, financial, market and engineering
				feasibility studies, assessments, applications, approvals, submissions or
				clearances; the cost of preparation of plans and specifications and other
				engineering services; the cost of acquisition of all land, rights-of-way,
				property rights, easements, franchise rights and any other interests required
				for the acquisition, equipping, and/or construction of the wireless tower; the
				cost of demolishing or removing any buildings or structures on acquired land,
				including the cost of acquiring any lands to which buildings or structures may
				be moved; the cost of excavation, grading, shaping or treatment of earth; the
				cost of constructing any tower, guy lines, warning lights, antennae, feed
				lines, radio equipment, power lines, generators, security fencing, gates or
				other facilities necessary for the operation and protection of the tower; the
				cost of all apparatus, other machinery, and equipment necessary for the
				operation of the tower; loan or origination fees and all finance charges and
				interest incurred prior to and during the construction and for no more than six
				months after completion of construction; the cost of insurance related to
				equipping and construction; the cost of legal services and expenses; the cost
				of all plans, specifications, surveys and estimates of cost; all working
				capital and other expenses necessary or incident to determining the feasibility
				or practicability of acquiring or constructing any wireless tower; the cost of
				placing any project in operation; and all other costs of any kind or nature
				incurred or to be incurred by the project sponsor that are reasonable and
				necessary for carrying out all works and undertakings necessary or incident to
				the accomplishment of any project: Provided, That costs will not include any
				amounts related to the ongoing operations of the owner or operator,
				depreciation thereof or any other cost which the Commission has not determined
				to be consistent with the purposes and objectives of the legislation
				establishing the Wireless Tower Access Assistance Fund.
2.3. "County" -- One of the counties provided
				for in W. Va. Code §
									1-1-1.
2.4. "Emergency Number" -- Any telephone
				number, including 9-1-1, and any 7-digit or 10-digit number which could access
				a 9-1-1 line or trunk, which is primarily used for the purpose of reporting
				emergencies such as fires, the need for law enforcement, rescue and/or medical
				assistance, actual or imminent disasters, etc.
2.5. "Emergency Services Organization" -- The
				organization established under W. Va. Code §
									15-5-1 et seq.
2.6. "Enhanced Emergency Telephone System" or
				"Enhanced 911 Service" -- A telephone system which automatically connects a
				person dialing 911 to the appropriate county answering point with automatic
				location identification and automatic number identification.
2.7. "FCC" -- The Federal Communications
				Commission.
2.8. "In-state two-way
				service subscriber" -- A person or entity with a valid retail CMRS
				subscription.
2.9. "Local Exchange
				Carrier" or "LEC" -- A person or entity granted a certificate of public
				convenience and necessity to provide local exchange services within a defined
				service area of the State. Incumbent LECs will be those LECs holding
				certificates of public convenience and necessity prior to January 1,
				1995.
2.10. "NANC" -- The North
				American Numbering Council.
2.11.
				"NANP" -- The North American Numbering Plan.
2.12. "Need of the project sponsor" -- Means
				there is a public need for a project. The Wireless Tower Access Assistance Fund
				Review Committee may construe a lack of wireless telephone service, in that
				part of a county in which a project is proposed, as a factor supporting the
				conclusion that a need exists for a project in that county.
2.13. "Person" -- Means any individual,
				entity, or any corporation, partnership, association, limited liability company
				or any other form of business organization or agency entitled to sue or be sued
				under applicable state law.
2.14.
				"Political subdivision of the state" -- Means any county commission,
				municipality or county board of education; any separate corporation or
				instrumentality established by one or more counties or municipalities, as
				permitted by law; any instrumentality supported in most part by municipalities;
				any public body charged by law with the performance of a governmental function
				and whose jurisdiction is coextensive with one or more counties, cities or
				towns; a combined city-county health department created pursuant to W. Va. Code
				§
									16-2-1 et. seq.; public service
				district; and other instrumentalities including, but not limited to, volunteer
				fire departments and emergency service organizations as recognized by an
				appropriate public body and authorized by law to perform a governmental
				function.
2.15. "Project" -- Means
				an undertaking involving a wireless tower to be acquired, constructed, equipped
				and/or operated by a state agency, political subdivision or wireless telephone
				carrier or any combination of such entities.
2.16. "Project sponsor" -- Means any county
				commission which intends to acquire, construct, equip, or otherwise develop a
				wireless tower.
2.17. "Public
				Agency" -- Means the State, and any municipality, county, public district, or
				public authority which provides or has the authority to provide fire-fighting,
				police, ambulance, medical, rescue or other emergency services.
2.18. "Public Safety Wireless Fee" or "Public
				Safety Fee" -- Means the monthly fee that a CMRS provider charges and collects
				from their in-state two-way service subscribers, which generates revenue
				designated for certain uses by the Division of Homeland Security and Emergency
				Management and the West Virginia State Police.
2.19. "Public Safety Unit" -- Means a
				functional division of a public agency which provides fire-fighting, police,
				medical, rescue or other emergency services.
2.20. "Public Service Commission," or
				"Commission," -- Means the Public Service Commission of West Virginia created
				and established under Chapter 24 of the W. Va. Code or any successor to all or
				any substantial part of its powers and duties.
2.21. "State agency" -- Means a state
				department, board, commission, institution or other administrative agency of
				state government.
2.22. "Telephone
				Utility" -- Any person, firm, partnership, or corporation engaged in the
				business of furnishing telephone communications services to the public under
				the jurisdiction of the Public Service Commission of West Virginia.
2.23. "Valid retail CMRS subscription" -- A
				two-way, voice grade or better, cellular or personal communications services
				(PCS) telecommunications service associated with a unique multi-digit area code
				prefix assigned by NANC, pursuant to NANP, for any area within the State of
				West Virginia, and which may be used to signal terminal equipment devices
				associated with the service. Note: A single cellular or PCS account may have
				more than one valid retail CMRS subscription associated with that
				account.
2.24. "WE911 Fee" or
				"Wireless Enhanced 911 Fee" -- Means the wireless enhanced 911 fee prescribed
				by W. Va. Code §
									24-6-6b.
2.25. "Wireless telephone carrier" -- Means
				any commercial mobile radio service provider, as defined in W. Va. Code §
									24-6-2 as cellular licensees,
				broadband personal communications services licensees, and specialized mobile
				radio providers, as those terms are defined by the Federal Communication
				Commission, which offer real-time, two-way switched voice service that is
				interconnected with the public switched network, and includes resellers of any
				commercial mobile radio service.
2.26. "Wireless tower" -- Means any
				structure, antenna, tower, or other device which provides, or is suitable to
				provide, CMRS, cellular phone services, specialized mobile radio (SMR)
				communications services, common carrier wireless exchange phone services, PCS,
				public safety (including law enforcement, ambulance, rescue and firefighting)
				communications, wireless broadband Internet access, Department of Highways
				communications and/or commercial pager services.
2.27. "Wireless Tower Access Assistance
				Fund," or "Fund" -- Means the Fund established in accordance with the
				provisions of W. Va. Code §
									24-6-6b.
2.28. "Wireless Tower Access Assistance Fund
				revenue" -- Means all amounts appropriated by the Legislature; all amounts
				deposited into the Tower Access Assistance Fund; any amounts received, directly
				or indirectly, from any source for the use of all or any part of any wireless
				tower project funded by the Wireless Tower Access Assistance Fund.
2.29. "Wireless Tower Access Assistance Fund
				Review Committee," or "Committee" -- Means a committee established by the
				Commission to review and make recommendations to the Commission on applications
				for grants from the Wireless Tower Access Assistance Fund. The Committee will
				be made up of the following:
1) a member, to
				be appointed by the Chairman of the Commission, of the Staff of the Public
				Service Commission familiar with wireless telecommunications
				technology;
2) the Speaker of the
				House of Delegates or that person's designee, as a non-voting member;
3) the Senate President or that person's
				designee, as a non-voting member;
4) a representative of County Commissions, to
				be appointed by the County Commissioners' Association of West
				Virginia;
5) a representative, to be
				appointed by the Governor, of wireless telephone providers operating in West
				Virginia;
6) a representative, to be
				appointed by the Governor, of the wireless tower construction
				industry;
7) the Superintendent of
				State Police or that person's designee;
8) the Director of the West Virginia Division
				of Homeland Security and Emergency Management or that person's
				designee;
9) a representative,
				appointed by the West Virginia Enhanced 911 Council, of the W. Va. Enhanced 911
				Council. The Committee will meet to consider applications for financial
				assistance from the Wireless Tower Access Assistance Fund and to make
				determinations regarding such applications. Such determinations shall be based
				upon the guidelines and criteria established by these Rules.