65.7631 Apportionment of money in CMRS fund. - Kentucky Statutes

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65.7631 Apportionment of money in CMRS fund. The moneys in the CMRS fund shall be apportioned among the approved uses of the fund
as specified in this section. The board shall make individual disbursements from the fund
upon such terms and conditions necessary in view of the amount of revenues on deposit at
the time each request for disbursement is reviewed and approved.
(1) Not more than two and one-half percent (2.5%) of the total monthly revenues deposited into the CMRS fund shall be disbursed or reserved for disbursement by
the board to pay the administrative costs and expenses incurred in the operation of
the board, including the compensation of the administrator and expenses incurred
pursuant to KRS 65.7629(10), (11), (13), (16), (17), and (18). An additional sum,
not to exceed two hundred fifty thousand dollars ($250,000), shall be available to
the board from the fund to implement the wireless workload formula under
subsection (3)(b) of this section. (2) (a) Not more than ten percent (10%) of the total monthly revenues deposited into the CMRS fund shall be disbursed or reserved for disbursement by the board
to provide direct grants or matching money:
1. For the establishment and improvement of E911 services in the
Commonwealth; 2. For incentives to create more efficient delivery of E911 services by local
governments receiving funding under subsection (3) of this section; 3. For improvement of 911 infrastructure by wireless carriers receiving
funding under subsection (4) of this section; and 4. For consolidation reimbursement of one hundred thousand dollars
($100,000) per PSAP, not to exceed two hundred thousand dollars
($200,000) per county, to any PSAP that consolidates with a CMRS-
certified PSAP, or creates a newly consolidated Phase II compliant
PSAP. Funds shall be applied toward the cost of consolidating. If a
PSAP consolidates and receives reimbursement, the CMRS Board shall
not certify a new PSAP within the same county for a period of ten (10)
years. (b) When the balance of money collected under paragraph (a) of this subsection and not yet disbursed for direct grants or matching moneys exceeds two
million dollars ($2,000,000), the excess amount shall be allocated under the
provisions of subsections (3) and (4) of this section. (3) From the balance of the total monthly revenues deposited into the CMRS fund after the amounts disbursed or reserved for disbursement under subsections (1) and (2) of
this section have been subtracted, eighty percent (80%) shall be distributed to
PSAPs eligible to receive disbursement from the CMRS fund under subsection (5)
of this section who actually request disbursement, as follows:
(a) Forty percent (40%) shall be distributed according to the "PSAP pro rata formula," whereby each receives a percentage determined by dividing one (1)
by the total number of PSAPs eligible to request and actually requesting
disbursements under subsection (5) of this section. Any PSAPs certified before January 1, 2004, or for more than three (3) years, that choose to
consolidate their operations shall continue to receive pro-rata shares as if they
remained separate and distinct entities. The consolidated entity must be
certified to receive funds under subsection (5) of this section; and (b) Forty percent (40%) shall be distributed according to a method chosen by the board and based on the wireless workload of the PSAP. Methods to be
considered may be based on the number of wireless 911 calls answered by
each PSAP, the number of wireless phone users served by each PSAP, or any
other method deemed by the board to be reasonable and equitable. The
method chosen shall be promulgated as a regulation under KRS 65.7633. All amounts distributed to PSAPs under this subsection shall be used by the PSAPs
solely for the purposes of answering, routing, and properly disposing of CMRS 911
calls, training PSAP staff, public education concerning appropriate use of 911, and
of complying with the wireless E911 service requirements established by the FCC
order and any rules and regulations which are or may be adopted by the Federal
Communications Commission pursuant to the FCC order, including the payment of
costs and expenses incurred in designing, upgrading, purchasing, leasing,
programming, testing, installing, or maintaining all necessary data, hardware, and
software required in order to provide wireless E911 service. (4) The balance of the total monthly revenues deposited into the CMRS fund which remains after the disbursements or disbursement reservations prescribed by
subsections (1), (2), and (3) of this section have been made shall be distributed to
CMRS providers licensed to do business in the Commonwealth solely for the
purpose of reimbursing the actual expenses incurred by the CMRS providers in
complying with the wireless E911 service requirements established by the FCC
order and any rules and regulations which are or may be adopted by the Federal
Communications Commission in carrying out the FCC order, including but not
limited to costs and expenses incurred for designing, upgrading, purchasing,
leasing, programming, testing, installing, or maintaining all necessary data,
hardware, and software required in order to provide wireless E911 service. Sworn
invoices shall be presented to the board in connection with any request for
reimbursement under this subsection, and approval by a majority vote of the board
shall be required prior to any disbursement, which approval shall not be withheld
unreasonably. No payment shall be made to any provider who is not in compliance
with all requirements of this chapter and the FCC order. In no event shall any
invoice for reimbursement be approved for payment of costs that are not related to
compliance with requirements established by the FCC order. If the total amount of
invoices submitted to the CMRS Board and approved for payment exceeds the
amount in the CMRS fund in any month, CMRS providers that have invoices
approved for payment shall receive a pro rata share of the fund available that month,
based on approved invoices, and the balance of the payments shall be carried over
to the following months until all of the approved payments are made. (5) Notwithstanding any other provision of the law, no PSAP shall be eligible to request or receive a disbursement from the CMRS fund under subsection (3) of this
section unless and until the PSAP:
(a) Is expressly certified as a PSAP by the CMRS Board, upon written application to the CMRS Board; (b) Demonstrates that the PSAP is providing E911 services to a local government that has adopted an ordinance either imposing a special tax, license, or fee as
authorized by KRS 65.760(3) or has established other means of funding
wireline 911 emergency telephone service; (c) Demonstrates that the administrator of the PSAP sent a request for wireless, E911 service to a CMRS provider, and that the infrastructure of the local
exchange carrier will support wireless E911 service; (d) Provides an accounting of the number of wireless E911 calls received by the PSAP during the prior calendar year if requested by the board; and (e) Demonstrates that the PSAP has made the investment which is necessary to allow the PSAP to receive and utilize the data elements associated with
wireless E911 service. Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 12, sec. 35, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 219, sec. 5, effective July 12, 2006. -- Amended 2001 Ky. Acts
ch. 42, sec. 2, effective June 21, 2001. -- Created 1998 Ky. Acts ch. 535, sec. 6,
effective July 15, 1998.