Chapter 8.20 — EMERGENCY COMMUNICATIONS SYSTEM SUPPORT FEE

Except where the context or particular provisions require otherwise, the definitions contained in this part shall govern the application and interpretation of this chapter.

(Ord. 27229.)

"911 emergency communication system" means an enhanced emergency telephone service which automatically connects a person dialing the digits 9-1-1 to an answering point established within a city department, and includes all aspects of the call delivery system, the call processing system and initial call dispatch, including, but not limited to, selective routing, automatic number identification (ANI), automatic location identification (ALI), and wireless 911. "911 emergency communication system" includes the

functions of the San José emergency communications center; however, it does not include the police department and/or fire department staff who respond to requests for assistance by traveling to a site to which they are dispatched as a result of an emergency call.

(Ord. 27229.)

"Access line" means any connection from a customer within the geographic boundaries of the City of San José to a provider of local telephone service offered to the public for compensation. Within the meaning of this part, and without limitation, "access line" includes connections providing residential basic exchange service, business basic exchange service, PBX service (private branch exchange), foreign exchange service, and centrex service. "Access line" also includes a connection from a single mobile telephone to a commercial mobile radio service, as defined in 47 C.F.R. 20.3 as this section existed on October 1, 2002, which has as its place of primary use, as defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. 124(8), a location within the City of San José. Notwithstanding the foregoing, "access line" does not include any wireless access line if the subscriber can demonstrate to the city's satisfaction that the subscriber does not use the wireless access line to send or receive any telephone calls within the City of San José; and "access line" does not include any connection from a customer location within the City of San José to a provider of local telephone service, when for any reason a customer cannot use, as demonstrated by the customer to the city's satisfaction, for purposes of two-way telephony that connection to dial the digits 9- 1-1 to reach the 911 emergency communication system within the city at an answering point within the city.

(Ord. 27229.)

"Eligible operating costs" means the portion of operating costs attributable to the operation of the 911 emergency communication system for the telephone subscribers who are required to pay the fee imposed by the provisions of this chapter. Eligible operating costs shall not include exempt operating costs.

(Ord. 27229.)

"Eligible project costs" means the portion of project costs attributable to a project for the benefit of telephone subscribers who are required to pay the fee imposed by the provisions of this chapter. Eligible project costs shall not include exempt project costs.

(Ord. 27229.)

"Exempt operating costs" means the portion of operating costs attributable to operation of the 911 emergency communication system for telephone subscribers who are exempted from the fee by Section 8.20.220 or are otherwise not attributable to the telephone subscribers required to pay the fee imposed by the provisions of this chapter.

(Ord. 27229.)

"Exempt project costs" means the portion of project costs attributable to a project for telephone subscribers who are exempted from the fee by Section 8.20.220 or are otherwise not required to pay the fee imposed by the provisions of this chapter.

(Ord. 27229.)

"Fee" means the emergency communication system support fee imposed under the provisions of this chapter.

(Ord. 27229.)

"High speed trunk line" means a trunk line with a capacity of at least 24 channels over a high capacity service, such as a 1.544 Mb, T-1, or integrated services digital network (ISDN) primary rate interface (PRI) line. Notwithstanding the foregoing, "high speed trunk line" does not include any trunk line which does not come within the definition of Section 8.20.180 of this chapter.

(Ord. 27229.)

"Lifeline service" means discounted telephone service available to eligible low-income residential customers.

(Ord. 27229.)

"Local telephone service" means access to a local telephone system, providing two-way telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system, whether or not such service uses transmission wires. "Local telephone service" shall also include service provided through any technology currently existing or that may exist in the future, allowing a person within the City of San José to access the 911 emergency communication using that technology. For the purposes of the emergency communication system access fee, a person shall be construed to subscribe to "local telephone service" within the City of San José if he or she has a "place of primary use" as such term is defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. 124(8), within the geographic boundaries of the City of San José. "Local telephone service" does not include any system that is expressly excluded from the definition of "access line," "trunk line," or "high capacity trunk line."

(Ord. 27229.)

"Operating costs" means any costs to operate, repair or maintain the 911 emergency communication system, including, but not limited to, costs for personnel, planning, training, software and hardware maintenance and upgrades, facility maintenance and repair and depreciation, equipment replacement, technical infrastructure, and all other direct and indirect costs incurred by the city in providing 911 emergency communication services.

(Ord. 27229.)

"Project costs" means the direct and indirect costs of acquiring, refinancing and installing computerized call delivery processing and dispatch equipment and software, and costs associated with housing 911 emergency communication system equipment and staff in a facility appropriate for the provision of 911 emergency communication service, including any debt service payments related thereto.

(Ord. 27229.)

"Service location" means the premises of a telephone subscriber at which a working service point or primary station set provides the subscriber with basic exchange service and to which extension services are charged. One or more parcels of real property, which are contiguous or separated only by public streets or rights-of-way, and are under the common control of a single telephone subscriber, shall be considered a single service location for the purpose of implementing the annual fee cap established in Section 8.20.210 of this Chapter.

(Ords. 27229, 27322.)

"Service supplier" means any person supplying local telephone service to any telephone subscriber, pursuant to authority granted by the California public utilities commission or the federal communications commission, at a location within the City of San José. "Service suppliers" may include, without limitation, local exchange carriers, inter-exchange carriers, competitive access providers, cable television providers offering telecommunications services, providers of wireless telephone service, and any other entity offering direct connections between their premises and the premises of telephone subscribers.

(Ord. 27229.)

"Telephone corporation" shall have the same meaning as defined in Section 234 of the California Public Utilities Code or the most comparable successor definition. It also includes any person or corporation providing wireless telephone service to any telephone subscriber.

(Ord. 27229.)

"Telephone subscriber" means any person who receives local telephone service or its function.

(Ord. 27229.)

Trunk line" means a line between a service supplier's switching device and a private branch exchange or automatic call distributing system, or other similar device, at a telephone subscriber location. Notwithstanding the foregoing, "trunk line" does not include any line between a service supplier's switching device and a private branch exchange, automatic call distributing system, or other similar device, at a telephone subscriber location, when for any reason a customer cannot use, or is demonstrated by the customer to the city's satisfaction the customer does not use for purposes of two-way voice telephony, that line to dial the digits 9-1-1 to reach the 911 emergency communication system within the city at an answering point within the city.

(Ord. 27229.)

"Wireless telephone service" means commercial mobile radio service as defined in 47 C.F.R. 20.3 as this section existed on October 1, 2002.

(Ord. 27229.)