Iowa Administrative Code
Agency 605 - Homeland Security and Emergency Management Department
Chapter 10 - 911 Telephone Systems
Rule 605-10.9 - 911 Emergency Communications Fund
Universal Citation: IA Admin Code 605-10.9
Current through Register Vol. 47, No. 13, December 25, 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.
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