Except where the context or particular provisions require otherwise,
the following definitions shall govern the construction of this chapter.
"911 communication system"
means an enhanced emergency telephone service which automatically,
or through a third-party intermediary, connects a person dialing the
digits 9-1-1 to an answering point established by the City, and shall
incorporate all aspects of the call delivery system, the call processing
system and the call dispatch system, including, but not limited to,
selective routing, automatic number identification (ANI), automatic
location identification (ALI), and wireless 911. "911 communication
system" includes the functions of the Stockton police and fire dispatch
centers; however, it does not include the City Police Department 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.
"Access line"
means any connection from a customer location within the
City to a provider of local telephone service offered to the public
for compensation. Within the meaning of this chapter, and without
limitation, access lines include 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 Section 20.3 of
Title 47 of the Code of Federal Regulations as this section existed
on October 1, 2002, and which has as its place of primary use, as
defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Section
124(8), a location within the City. Notwithstanding the foregoing,
"access line," does not include any connection from a customer location
within the City to a provider of local telephone service when for
any reason a customer cannot use, or as demonstrated by the customer
to the City's satisfaction the customer does not use for purposes
of two-way voice telephony, that connection to dial the digits 9-1-1
to reach the 911 communication system within the City at an answering
point within the City.
"Eligible operating costs"
means the portion of operating costs attributable to the
operation of the 911 communications system to telephone subscribers
who are required to pay the fee imposed by the provisions of this
chapter on access lines, trunk lines, and high capacity trunk lines
subject to the fee. Eligible operating costs shall not include exempt
operating costs.
"Eligible project costs"
means the portion of project costs attributable to a project
to modify the 911 communication system to telephone subscribers who
are required to pay the fee imposed by the provisions of this chapter
on access lines and trunk lines subject to the fee. Eligible project
costs shall not include exempt project costs.
"Exempt operating costs"
means the portion of operating costs attributable to the operation of the 911 communication system to telephone subscribers who are exempted from the fee by Section
3.40.050 of this chapter or are otherwise not required to pay any fee imposed by the provisions of this chapter.
"Exempt project costs"
means the portion of project costs attributable to a project to modify the 911 communications system to telephone subscribers who are exempted from the fee by Section
3.40.050 of this chapter or are otherwise not required to pay any fee imposed by the provisions of this chapter.
"Fee"
means the emergency communication system access fee imposed
under the provisions of this chapter.
"High speed trunk line"
shall mean 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
3.40.020.
"Lifeline service"
means discounted telephone service available to eligible
lowincome residential customers.
"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 the local
telephone system, whether or not the service uses transmission wires.
Local telephone service shall include wireless telephone service.
"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 Stockton to access the 911 communication
system 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 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. Section 124(8), within the geographic boundaries of
the City. 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."
"Operating costs"
means any costs to operate, repair or maintain the 911 communication
system or backup 911 communication system, including but not limited
to costs for personnel, planning, training, software and hardware
maintenance and upgrades, facility maintenance and repair, depreciation
equipment replacement, technical infrastructure, and attorneys' fees.
"Project costs"
means any costs of acquiring, re-financing and installing
computerized call delivery processing and dispatch equipment and software,
and/or any other acquisition necessary to house 911 communication
system equipment and staff in a seismically safe and fire retardant
facility, including any debt service payments related thereto.
"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.
For wireless telephone service, service location is the "place of
primary use," as such term is defined in the Mobile Telecommunications
Sourcing Act, 4 U.S.C. Section 124(8).
"Service supplier"
means any person supplying local telephone service, pursuant
to authority granted by the California Public Utilities Commission
or the Federal Communications Commission, to any telephone subscriber
at a location within the City. Service suppliers may include, without
limitation, local exchange carriers, interexchange carriers, competitive
access providers, cable television providers offering telecommunications
services, providers of wireless telephone service, and any other entity
offering direct connections between premises and the premises of telephone
subscribers. Service suppliers also include any person supplying local
telephone service who is exempt from California Public Utilities Commission
or Federal Communications Commission regulation.
"Telephone corporation"
shall have the same meaning as defined in Section 234 of
the
Public Utilities Code of the State of California or the most comparable
successor definition. It also includes any person or corporation providing
wireless telephone service.
"Telephone subscriber"
means any person who receives local telephone service, or
its functional equivalent regardless of the technology used to provide
the service.
"Trunk line"
means a line between a service suppliers' switching device
and a private branch exchange, 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
suppliers' 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 communication system within
the City at an answering point within the City.
"Wireless telephone service"
means commercial mobile radio service, as defined in Section
20.3 of Title 47 of the Code of Federal Regulations as this section
existed on October 1, 2002.
(Prior code § 8-201)
Northing in this chapter shall be construed as imposing a fee
upon the access lines of:
A. A lifeline
customer of a service supplier; or
B. A telephone
corporation; or
C. Coin-operated
telephones; or
D. A nonprofit
hospital which is exempt from Federal income tax under Section 501(a)
of the United States Code; or
E. A nonprofit
educational organization which is exempt from Federal income tax under
Section 501(a) of the United States Code; or
F. Any
person when imposition of such fee upon that person would violate
the Constitution of the United States, the Constitution of the State,
or preemptive Federal or State law; or
(Prior code § 8-215)
The Director of Administrative Services shall have the authority
to conduct audits of service providers including inspection, auditing,
and copying relevant records and material during the service supplier's
regular business hours, upon written request and not less than five
business days' notice in order to review compliance with this chapter.
(Prior code § 8-254)
The Director of Administrative Services may make administrative
agreements with service suppliers to vary the strict requirements
of this chapter so that collection of any fee imposed herein may be
made in conformance with the billing procedures of a particular service
supplier so long as the overall result of said agreements results
in billing of the fee in conformance with the general purpose and
scope of this chapter. A copy of each agreement shall be on file and
available for public examination in the Director of Administrative
Services' office, except that portions of such agreements that may
be designated as proprietary and confidential by the service supplier
shall be excluded from the public records maintained by the Director
of Administrative Services' office, and shall be subject to a duty
of confidentiality and nondisclosure by those representatives of the
City of Stockton who may have a need to review and obtain knowledge
of those portions of said agreements designated proprietary and confidential.
(Prior code § 8-270)
Nothing contained in this chapter is intended to conflict with
applicable rules, regulations and tariffs of any service supplier
subject to the jurisdiction of the California Public Utilities Commission.
In the event of any conflict, the provisions of those rules, regulations
and tariffs shall control.
(Prior code § 8-280)
The Director of Administrative Services may promulgate regulations
and issue rules, determinations and interpretations consistent with
this chapter as may be necessary or appropriate for the purpose of
carrying out and enforcing the payment, collection and remittance
of the fee and to apply this chapter and any rules and regulations
promulgated there under in a lawful manner. The Director of Administrative
Services shall hold a public hearing and allow public comment on any
proposed rule or regulation prior to adoption thereof. The Administrative
Services Director shall provide not less than 10 day's notice of such
public hearing. A copy of such rules and regulations shall be on file
and available for public examination in the office of the City Clerk.
Failure or refusal to comply with any rules and regulations promulgated
by the Director of Administrative Services shall be deemed a violation
of this chapter.
(Prior code § 8-281)