291 Neb. Admin. Code, ch. 15, § 001

Current through September 17, 2024
Section 291-15-001 - GENERAL
001.01Definitions: As used in this chapter, unless the context otherwise requires, the following definitions apply:
001.01A Advisory Board means the Enhanced Wireless 911 Advisory Board.
001.01B Automatic number identification (AND means a feature by which a person calling a PSAP has his or her ten-digit telephone number simultaneously forwarded to the PSAP and to the PSAP's display and transfer units.
001.01C Commission means the Nebraska Public Service Commission.

001-01D E-911 or enhanced-911 service means a telephone exchange communications service by which one or more PSAPs designated by the governing body may receive telephone calls dialed to the telephone number 911. E-911 service generally may provide, but is not limited to, selective routing, ANI, and automatic location identification (ALI) features.

001.01E Enhanced wireless 911 service means a telephone exchange communications service by which wireless carriers can provide automatic number identification, pseudo-automatic number identification, and wireless automatic location identification information to a PSAP which has capability of providing selective routing, selective transfer, fixed transfer, automatic number identification, and wireless automatic location identification.
001.01F Fund means the Enhanced Wireless 911 Fund.
001.01G Funding year means the year for which funding is awarded under the permanent funding mechanism from July 1 through June 30.
001.01H Governing body means the board of county commissioners or supervisors of a county, the city council of a city, the board of trustees of a village, or the board of directors of any rural or suburban fire protection district.
001.01l Home service provider means a telecommunications company that has contracted with a customer to provide wireless service.
001.01J 911 service means a telephone service which provides a service user with the ability to reach a PSAP by dialing the digits 911 for the purpose of reporting emergencies. The level of technology used for 911 service in a particular 911 service area shall be determined by the governing bodies having jurisdiction over such area.
001.01K Prepaid wireless telecommunications service means a wireless telecommunications service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount.
001.01L Primary place of use means for users of wireless service other than prepaid wireless service, the street address representative of where the use of wireless service primarily occurs. The place of primary use shall be the residential street address or the primary business street address of the user of the wireless service and shall be within the service area of the home service provider. For users of prepaid wireless service, primary place of use means the location associated with the telephone number assigned to the user.
001.01M Pseudo-automatic number identification means a feature by which automatic number identification is provided to a PSAP of the ten-digit telephone number of the specific cell site or cell site sector from which a wireless call originated.
001.01N Public safety agency means an agency which actually provides firefighting, law enforcement, ambulance, emergency medical, or other emergency services.
001.01O Public safety answering point (PSAP) means a twenty-four hour, local-jurisdiction communications facility which receives 911 service calls and either directly dispatches emergency services or relays calls to the appropriate public safety agency.
001.01P Surcharge means the Enhanced Wireless 911 Surcharge.
001.01Q Ten-digit telephone number means a telephone number assigned to a particular telephone account including the area code.
001.01R Wireless automatic location identification (ALI) means a feature by which information is provided to a PSAP identifying the location, the latitude and longitude within the parameters established by the Federal Communications Commission, of a wireless unit originating a call to a PSAP.
001.01S Wireless carrier means any carrier of mobile service as referenced in 47 U.S.C. 153(27), as such section existed on January 1, 2007; any carrier of commercial mobile service as referenced in 47 U.S.C. 332(d)(1), as such section existed on January 1, 2007; any carrier of commercial mobile radio service as referenced in 47 C.F.R. 20.9, as such regulation existed on January 1, 2007; or any cellular radiotelephone service, licensees of a personal communications service, and specialized mobile radio services as referenced in 47 C.F.R. 20.9, as such regulation existed on January 1, 2007. References to wireless carrier include those wireless carriers providing prepaid wireless telecommunications service as defined in section 001.0IK unless specifically exempted.
001.01T Wireless service means any mobile service as defined in 47 U.S.C. 153 and 47 C.F.R. 27.4, as such section and regulation existed on January 1, 2007; any commercial mobile service as defined in 47 U.S.C. 332(d), as such section existed on January 1, 2007; or any commercial mobile radio service as referenced in 47 C.F.R. 20.9, as such regulation existed on January 1, 2007.
001.02Confidential Information: Information provided by wireless carriers to the Advisory Board or the Commission pursuant to the Enhanced Wireless 911 Services Act may be treated as records which may be withheld from the public upon request of the party submitting such records if the information qualifies under subdivision (3) of section 84-712.05.
001.03Immunity:

The Commission, governing bodies, and public safety-agencies may provide enhanced wireless 911 service. In contracting for and providing such service, except for failure to use reasonable care or for intentional acts, the Commission, each governing body, each public safety agency, each wireless carrier, and their employees and agents shall be immune from liability or the payment of damages in the performance of installing, maintaining, or providing enhanced wireless 911 service.

001.04Civil Penalty:

The Commission may assess a civil penalty pursuant to section 75-156 for each violation of any provision of the Enhanced Wireless 911 Services Act or any rule, regulation, or order of the Commission issued under authority delegated to the Commission pursuant to the Act.

291 Neb. Admin. Code, ch. 15, § 001