As used in the Enhanced 911 Act:
A. "911 call" means any real-time communication, message, signal or transmission between a person needing assistance and a public safety answering point call-taker by dialing 9-1-1 or its equivalent;
B. "911 service area" means the area designated by the fiscal agent, local governing body or the division to receive enhanced 911 service;
C. "access line" means a telecommunications company's line that has the capability to reach local public safety agencies by dialing 911, but does not include a line used for the provision of interexchange services or commercial mobile radio service;
D. "commercial mobile radio service" means service provided by a wireless real-time two-way voice communication device, including:
(1) radio-telephone communications used in cellular telephone service;
(2) the functional or competitive equivalent of radio-telephone communications used in cellular telephone service;
(3) a personal communications service; or
(4) a network radio access line;
E. "commercial mobile radio service provider" means a person who provides commercial mobile radio services, including a person who purchases commercial mobile radio service from a provider and resells that service;
F. "commission" means the public regulation commission;
G. "communication service" means any service that:
(1) is capable of and required by law to access, connect with or interface with the enhanced 911 system by directly dialing, initializing or otherwise activating the enhanced 911 system regardless of the transmission medium or technology employed; and
(2) provides or enables real-time or interactive communication;
H. "communications service provider" means any entity that provides communication services;
I. "database" means information that is collected, formatted and disseminated and that is necessary for the functioning of the enhanced 911 system, including geographic information system (GIS) addressing and digital mapping information;
J. "department" means the taxation and revenue department;
K. "division" means the local government division of the department of finance and administration;
L. "enhanced 911 surcharge" means the monthly uniform charge assessed on each access line in the state, on each active number for a commercial mobile radio service subscriber and on the number of VoIP lines for which the VoIP service provider enables the capacity for simultaneous calls, regardless of actual usage, to be connected to the public switched telephone network during the period for which the fixed charge is imposed for a VoIP service subscriber in New Mexico and the charge assessed on any other consumer purchase of communication service provided by a communications service provider that enables communication between a person needing assistance and a public safety answering point call-taker by dialing 9-1-1 or its equivalent; provided that an enhanced 911 surcharge shall not be assessed on the provision of broadband internet access service;
M. "enhanced 911 system" means, regardless of the technology used, a landline, wireless, NG-911 or ESInet system consisting of network switching equipment, database, mapping and on-premises equipment, or the functional equivalent thereof, that uses the single three-digit number 911 for reporting police, fire, medical or other emergency situations, thereby enabling a caller to reach a public safety answering point to report emergencies by dialing 911, and includes the capability to:
(1) selectively route incoming 911 calls to the appropriate public safety answering point operating in a 911 service area;
(2) automatically display the name, address and telephone number of an incoming 911 call on a video monitor at the appropriate public safety answering point;
(3) provide one or more access paths for communications between users at different geographic locations through a network system that may be designed for voice, text or data, or any combination of these, and may feature limited or open access and may employ appropriate analog, digital switching or transmission technologies;
(4) relay to a designated public safety answering point a 911 caller's number and base station or cell site location and the latitude and longitude of the 911 caller's location in relation to the designated public safety answering point; and
(5) manage or administer the functions listed in Paragraphs (1) through (4) of this subsection;
N. "enhanced 911 equipment" means the public safety answering point equipment directly related to the operation of an enhanced 911 system, including automatic number identification or automatic location identification controllers and display units, printers, logging recorders and software associated with call detail recording, call center work stations, training, latitude and longitude base station or cell site location data and GIS equipment necessary to obtain and process locational map and emergency service zone data for landline and wireless callers;
O. "equipment supplier" means a person who provides or offers to provide communications equipment necessary for the establishment of enhanced 911 services;
P. "ESInet" means emergency services internet protocol network, an internet-protocol-based, multipurpose inter-network supporting local, regional, state and national public safety communications services in addition to 911;
Q. "fiscal agent" means the local governing body that administers grants from the fund for a given locality or region by agreement;
R. "fund" means the enhanced 911 fund;
S. "local governing body" means the board of county commissioners of a county or the governing body of a municipality as defined in the Municipal Code [Chapter 3 NMSA 1978, except Article 66];
T. "NG-911" means a next generation 911 system consisting of network, hardware, software, data and operational policies and procedures that:
(1) provides standardized interfaces from call and message services;
(2) processes all types of emergency calls, including non-voice (multimedia) messages;
(3) acquires and integrates additional data useful to call routing and handling;
(4) delivers the calls, messages and data to appropriate public safety answering points and other appropriate emergency entities;
(5) supports data and communications needs for coordinated incident response and management; and
(6) provides a secure environment for emergency communications;
U. "proprietary information" means customer lists, customer counts, technology descriptions or trade secrets, including the actual or development costs of individual components of an enhanced 911 system; provided that such information is designated as proprietary by the communications service provider; and provided further that "proprietary information" does not include individual payments made by the division or any list of names and identifying information of subscribers who have not paid the surcharge;
V. "public safety answering point" means a twenty-four-hour local communications facility that receives 911 service communications and directly dispatches emergency response services or that relays communications to the appropriate public or private safety agency;
W. "subscriber" means a person who purchases communication services at retail from a communications service provider that are capable of originating a 911 communication;
X. "surcharge" means the 911 emergency surcharge;
Y. "surcharge collected" means the amount of enhanced 911 surcharge billed or received or deemed to have been received by the seller or provider, consistent with the seller's or provider's method of accounting, including accrual or cash;
Z. "telecommunications company" means a person who provides wire telecommunications services that are capable of originating a 911 communication;
AA. "vendor" means a person that provides 911 equipment, service or network support;
BB. "VoIP" means "interconnected voice-over- internet protocol service" as defined in the Code of Federal Regulations, Title 47, Part 9, Section 9.3, as amended; and
CC. "VoIP service provider" or "interconnected voice-over-internet protocol service provider" means an entity that provides interconnected voice-over-internet protocol service to end users.
History: Laws 1989, ch. 25, § 3; 1993, ch. 48, § 4; 1998, ch. 108, § 73; 2001, ch. 110, § 1; 2005, ch. 203, § 1; 2017, ch. 122, § 1.
ANNOTATIONSThe 2017 amendment, effective June 16, 2017, defined "communication service", "communications service provider", "enhanced 911 surcharge", "ESInet", "NG-911", "surcharge collected", "VoIP", and "VoIP service provider", and revised the definitions of certain terms, as used in the Enhanced 911 Act; in Subsection A, after "911", deleted "emergency surcharge' means the monthly uniform charge assessed on each access line in the state and on each active number for a commercial mobile radio service subscriber whose billing address is in New Mexico" and added the remainder of the subsection; added new Subsections G and H and redesignated former Subsections G through I as Subsections I through K, respectively; added a new Subsection L and redesignated former Subsections J through L as Subsections M through O, respectively; in Subsection M, in the introductory clause, after "means", added "regardless of the technology used", after "landline", deleted "or", after "wireless", added "NG-911 or ESInet", and after "on premises equipment", added ", or the functional equivalent thereof", in Paragraph M(3), after "designed for voice", added "text", after "data, or", deleted "both" and added "any combination of these", in Paragraph M(4), added Paragraph M(5); in Subsection O, after "provide", deleted "telecommunications" and added "communications"; added a new Subsection P and redesignated former Subsections M through O as Subsections Q through S, respectively; added a new Subsection T and redesignated former Subsections P through S as Subsections U through X, respectively; in Subsection U, after "proprietary by the", deleted "commercial mobile radio" and added "communications", and after "service provider", deleted "or telecommunications company"; in Subsection V, after "911 service", deleted "calls" and added "communications", and after "relays", deleted "calls" and added "communications"; in Subsection W, after "person who", deleted "is a retail purchaser of telecommunications" and added "purchases communication", after "services", added "at retail from a communications service provider", and after "911", deleted "call" and added "communication"; added a new Subsection Y and redesignated former Subsections T and U as Subsections Z and AA, respectively; in Subsection Z, after "911", deleted "call" and added "communication"; and added Subsections BB and CC.
The 2005 amendment, effective July 1, 2005, added each active number for a commercial mobile radio service subscriber whose billing address is in New Mexico as a category on which the 911 emergency surcharge may be assessed in Subsection A; deleted the former reference to the area within a local governing body's jurisdiction as a 911 service area and added the area designated by the fiscal agent in Subsection B; deleted the former definition of "911 system" in Subsection C; defined "access line" in Subsection C as a line that can reach local public safety agencies by dialing 911; deleted the definition of "basic 911 system" in former Subsection E; added the definition of "database" in Subsection G; defined "enhanced 911 system" in Subsection J to mean a landline or wireless system consisting of network switching equipment and mapping; added Subsection J(3) and (4); provided in Subsection K that "enhanced 911 equipment" includes logging recorders, call center work stations, training, latitude and longitude base station or cell cite location data and GIS equipment necessary to obtain and process locational map and emergency service zone data for landline and wireless callers; deleted the definition of "enhanced 911 wireless service" in former Subsection M; added the definition of "fiscal agent" in Subsection M; added the definition of "fund" in Subsection N; deleted the definition of "network" in former Subsection P; deleted the definition of "network and database surcharge" in former Subsection Q; provided in Subsection Q that "proprietary information" includes cost information that is designated as proprietary by the telecommunications company; added the definition of "surcharge" in Subsection S; deleted the definition of "wireless enhanced 911 surcharge" in former Subsection V; and added the definition of "vendor" in Subsection U.
The 2001 amendment, effective July 1, 2001, added present Subsections D, F, G, M, R, T, U and V and deleted former Subsections K, L, M, N and O, which defined "local 911 surcharge", "local exchange access line", "local exchange area", "local exchange service", and "local exchange telephone company" respectively, and renumbered the remaining subsections accordingly; in Subsection A, rewrote the definition for "911 emergency surcharge" which formerly defined the term as "the monthly uniform charge assessed on each local exchange access line to pay for the purchase, lease, installation and maintenance of equipment necessary for the establishment of a 911 system, including the repayment of bonds issued pursuant to the Enhanced 911 Bond Act"; in Subsection E, substituted "a designated" for "an established" and deleted "through normal telephone service facilities"; in Subsection K, deleted "telephone" preceding "system" and substituted "a caller" for "the users of a public telephone system"; substituted "public safety answering point" for "customer premises" in Subsection L; and deleted "local exchange service customer in the state for each local exchange" preceding "access line" in Subsection Q.
The 1998 amendment, effective January 1, 1999, substituted "public regulation" for "state corporation" in Subsection E; substituted "uses" for "utilizes" near the middle of Subsection H; deleted "but not limited to" preceding "911 system, including" near the middle of Subsection I; and made minor stylistic changes throughout the section.
The 1993 amendment, effective July 1, 1993, inserted current Subsections C, D, E, Q, and R, deleted former Subsection G, defining "fund", and redesignated former Subsections C through F, H through N, and O as current Subsections F through P, and S; added the language beginning "for each local exchange" at the end of Subsection A; deleted "New Mexico state corporation" preceding "commission" in Subsection M; substituted "local exchange telephone" for "telecommunications" in Subsection N; deleted "city council or other" following "county or the" and "or of a town, village or special district" at the end of Subsection P; and made minor stylistic changes.