Iowa Code § 34A.2

Current through March 29, 2024

Section 34A.2 - Definitions

As used in this chapter, unless the context otherwise requires:

1."911 call processing equipment" means equipment owned by the department of homeland security and emergency management that functions in a host remote environment, provides 911 call processing functionality to public safety answering points, and utilizes the next generation 911 network. "911 call processing equipment" includes but is not limited to computer aided dispatch, voice logging recorders, mapping, and emergency medical dispatch.

2."911 call processing equipment provider" means a vendor or vendors selected by the department of homeland security and emergency management to provide 911 call processing equipment.

3."911 call transport provider" means a vendor or vendors selected by the department of homeland security and emergency management to deliver aggregated wire-line 911 call traffic to the next generation 911 network and from the next generation 911 network to public safety answering points.

4."911 service area" means the geographic area encompassing at least one entire county, and which may encompass a geographical area outside the one entire county not restricted to county boundaries, serviced or to be serviced under a 911 service plan.

5."911 service plan" means a plan that includes the following information:

a. A description of the 911 service area.

b. A list of all public and private safety agencies within the 911 service area.

c. The number of public safety answering points within the 911 service area.

d.

(1) A statement of estimated costs to be incurred by the joint 911 service board or the department of public safety, including separate estimates of the following:

(a) Nonrecurring costs, including but not limited to public safety answering points, 911 call processing equipment, internet and telephone access, database, addressing, training, and other capital expenditures, including the purchase or lease of subscriber names, addresses, and telephone information from the local exchange service provider.

(b) Recurring costs, including but not limited to 911 call processing equipment, internet and telephone access, equipment, and database management, and maintenance, including the purchase or lease of subscriber names, addresses, and telephone information from the local exchange service provider. Recurring costs shall not include personnel costs for a public safety answering point.

(2) Funds deposited in a 911 service fund are appropriated and shall be used for the payment of costs that are limited to nonrecurring and recurring costs directly attributable to the receipt and disposition of the 911 call. Costs do not include expenditures for any other purpose, and specifically exclude costs attributable to other emergency services or expenditures for buildings or personnel, except for the costs of personnel for database management and personnel directly associated with addressing.

e. A schedule for implementation of the plan throughout the 911 service area. The schedule may provide for phased implementation.

f. The number of telephone access lines and voice over internet protocol service connections capable of access to 911 in the 911 service area.

g. The total property valuation in the 911 service area.

h. A plan to migrate to a next generation 911 network.

6."Access line" means an exchange access line that has the ability to access dial tone and reach a public safety answering point.

7."Communications service" means a service capable of accessing, connecting with, or interfacing with a 911 system by dialing, initializing, or otherwise activating the system exclusively through the digits 911 by means of a local telephone device, wireless communications device, or any other device capable of interfacing with the 911 system.

8."Competitive local exchange service provider" means any person, including a municipal utility, that provides local exchange services, other than a local exchange carrier or a non-rate-regulated wireline provider of local exchange services under an authorized certificate of public convenience and necessity within a specific geographic area described in maps filed with and approved by the Iowa utilities board as of September 30, 1992.

9."Director" means the director of the department of homeland security and emergency management.

10."Emergency communications service surcharge" means a charge established by the program manager in accordance with section 34A.7A.

11."Emergency services internet protocol network" or "ESInet" means a system using broadband packet-switched technology that is capable of supporting the transmission of varying types of data to be shared by all public or private safety agencies that are involved in an emergency.

12."Enhanced 911" or "E911" means a service that provides the user of a communications service with the ability to reach a public safety answering point by using the digits 911, and that has the following additional features:

a. Routes an incoming 911 call to the appropriate public safety answering point.

b. Automatically provides voice, displays the name, address or location, and telephone number of an incoming 911 call and public safety agency servicing the location.

13."Geographic information system" or "GIS" means a system designed to capture, store, manipulate, analyze, manage, and present spatial or geographical data.

14."Local exchange carrier" means any person that was the incumbent and historical rate-regulated wireline provider of local exchange services or any successor to such person that provides local exchange services under an authorized certificate of public convenience and necessity within a specific geographic area described in maps filed with and approved by the Iowa utilities board as of September 30, 1992.

15."Local exchange service provider" means a vendor engaged in providing telecommunications service between points within an exchange and includes but is not limited to a competitive local exchange service provider and a local exchange carrier.

16."Next generation 911 network" means an internet protocol-enabled system that enables the public to transmit digital information to public safety answering points and is responsible for the delivery of all 911 messages within the state. "Next generation 911 network" replaces enhanced 911 and includes but is not limited to 911 voice and nonvoice messages generated by originating service providers, ESInet, GIS, cybersecurity, and other system components.

17."Next generation 911 network service provider" means a vendor or vendors selected by the department of homeland security and emergency management to provide next generation 911 network functionality.

18."Originating service provider" means a communications provider that allows its users or subscribers to originate 911 voice or nonvoice messages from the public to public safety answering points, including but not limited to wire-line, wireless, and voice over internet protocol services.

19."Prepaid wireless telecommunications service" means a wireless communications service that provides the right to utilize mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content and ancillary services, which must be paid for in advance and that is sold in predetermined units or dollars of which the amount declines with use in a known amount.

20."Program manager" means the 911 program manager appointed pursuant to section 34A.2A.

21."Provider" means a vendor who provides, or offers to provide, 911 equipment, installation, maintenance, or exchange access services within the 911 service area.

22."Public or private safety agency" means a unit of state or local government, a local emergency management agency as defined in section 29C.2, a special purpose district, or a private firm which provides or has the authority to provide fire fighting, police, ambulance, or emergency medical services, or hazardous materials response.

23."Public safety answering point" means a twenty-four-hour public safety communications facility that receives 911 service calls and directly dispatches emergency response services or relays calls to the appropriate public or private safety agency.

24."Voice over internet protocol service" means a service to which all of the following apply:

a. The service provides real-time two-way voice communications transmitted using internet protocol or a successor protocol.

b. The service is offered to the public, or such classes of users as to be effectively available to the public.

c. The service has the capability to originate traffic to, and terminate traffic from, the public switched telephone network or a successor network.

25."Wireless communications service" means commercial mobile radio service. "Wireless communications service" includes any wireless two-way communications used in cellular telephone service, personal communications service, or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communications service, or a network access line. "Wireless communications service" does not include a service whose customers do not have access to 911 or 911-like service, a communications channel utilized only for data transmission, or a private telecommunications system.

26."Wireless communications service provider" means a company that offers wireless communications service to users of wireless devices including but not limited to cellular, personal communications services, mobile satellite services, and enhanced specialized mobile radio.

27."Wireless E911 phase 1" means a 911 call made from a wireless device in which the wireless communications service provider delivers the call-back number and address of the tower that received the call to the appropriate public safety answering point.

28."Wireless E911 phase 2" means a 911 call made from a wireless device in which the wireless communications service provider delivers the call-back number and the latitude and longitude coordinates of the wireless device to the appropriate public safety answering point.

29."Wire-line 911 service surcharge" means a charge set by the 911 service area operating authority and assessed on each wire-line access line which physically terminates within the 911 service area in accordance with section 34A.7.

Iowa Code § 34A.2

88 Acts, ch 1177, §2 92 Acts, ch 1139, §34 93 Acts, ch 125, §1; 94 Acts, ch 1199, §45; 98 Acts, ch 1101, §3, 4, 16; 2004 Acts, ch 1175, § 445; 2008 Acts, ch 1032, §201; 2012 Acts, ch 1111, §1; 2013 Acts, ch 29, § 31, 32; 2017 Acts, ch 136, § 3; 2018 Acts, ch 1076, § 1 - 3, 11; 2021 Acts, ch 75, §5; 2021 Acts, ch 80, § 16; 2022 Acts, ch 1021, § 19

Amended by 2022 Iowa, ch 1021, s 19, eff. 7/1/2022.

Amended by 2021 Iowa, ch 80, s 16, eff. 7/1/2021.

Amended by 2021 Iowa, ch 75, s 5, eff. 7/1/2021.

Amended by 2018 Iowa, ch 1076, s 3, eff. 4/4/2018.

Amended by 2018 Iowa, ch 1076, s 2, eff. 4/4/2018.

Amended by 2018 Iowa, ch 1076, s 1, eff. 4/4/2018.

Amended by 2017 Iowa, ch 136, s 3, eff. 7/1/2017.

Amended by 2013 Iowa, ch 29, s 32, eff. 7/1/2013.

Amended by 2013 Iowa, ch 29, s 31, eff. 7/1/2013.

Amended by 2013 Iowa, ch 29, s 32, eff. 7/1/2013.

Amended by 2013 Iowa, ch 29, s 31, eff. 7/1/2013.

88 Acts, ch 1177, §2
C89, §477B.2
92 Acts, ch 1139, §34
C93, §34A.2
93 Acts, ch 125, §1; 94 Acts, ch 1199, §45; 98 Acts, ch 1101, §3, 4, 16; 2004 Acts, ch 1175, §445; 2008 Acts, ch 1032, §201; 2012 Acts, ch 1111, §1

Referred to in §34A.7