MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Public Utilities
By: Senator(s) King, Mettetal, Burton, Robertson
AN ACT TO CREATE THE MISSISSIPPI WIRELESS COMMUNICATION COMMISSION; TO PROVIDE FOR ITS MEMBERSHIP AND PRESCRIBE ITS POWERS AND DUTIES; TO CREATE THE "INTEGRATED PUBLIC SAFETY COMMUNICATIONS FUND" WHICH MAY BE USED TO ADMINISTRATE THIS ACT; TO CREATE AN ADVISORY BOARD TO THE WIRELESS COMMUNICATION COMMISSION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is hereby created the Wireless Communication Commission, which shall be responsible for promoting the efficient use of public resources to ensure that law enforcement personnel and essential public health and safety personnel have effective communications services available in emergency situations, and to insure the rapid restoration of such communications services in the event of disruption caused by natural disaster, terrorist attack or other public emergency.
(2) The Wireless Communication Commission, hereafter referred to as the "commission," shall consist of the following:
(a) The Executive Director of the Department of Transportation or his designee;
(b) The Commissioner of Public Safety or his designee;
(c) The Executive Director of the Department of Public Health or his designee;
(d) The Executive Director of the Department of Information Technology Systems or his designee;
(e) The Executive Director of the Mississippi Emergency Management Agency or his designee;
(f) The Executive Director of the Mississippi Office of Homeland Security or his designee;
(g) The President of the Mississippi Sheriff's Association or his designee;
(h) The President of the Mississippi Association of Supervisors or his designee;
(i) The President of the Mississippi Municipal Association or his designee;
(j) The President of the Mississippi Association of Fire Chiefs or his designee; and
(k) The President of the Mississippi Association of Police Chiefs or his designee.
(3) Within ten (10) days from the effective date of this act, the commission shall meet in the City of Jackson, Mississippi, and organize by electing a chairman and other officers from its membership. The commission shall adopt rules which govern the time and place for meetings and governing the manner of conducting its business. The commission shall meet at least monthly and maintain minutes of such meetings. A quorum shall consist of a majority of the membership of the commission.
(4) The commission, in conjunction with the Department of Information Technology Services, shall have the sole authority to promulgate rules and regulations governing the operations of the wireless communications system described in paragraph (a) and shall be vested with all legal authority necessary and proper to perform this function including, but not limited to:
(a) Purchasing, leasing, acquiring and otherwise implementing a statewide wireless communications system to serve wireless users in state and local governments and those private entities that enter into a partnership with the commission. This system shall enable interoperability between various wireless communications technologies.
(b) Ensuring that federal/state communications requirements are followed with respect to such wireless communications systems.
(c) Providing system planning with all public safety communications systems.
(d) Assisting with establishment of state and local wireless communications.
(e) In consultation with the Department of Information Technology Services, having the authority to permit state and local agencies use of the communications system under the terms and conditions established by the commission.
(f) Providing technical support to users and bearing the overall responsibility for the design, engineering, acquisition and implementation of the statewide communications system and for ensuring the proper operation and maintenance of all equipment common to the system.
(g) Seeking proposals for services through competitive processes where required by law and selecting service providers under procedures provided for by law.
(h) Establishing, in conjunction with the Department of Information Technology Services, policies, procedures and standards which shall be incorporated into a comprehensive management plan for the operation of the statewide communications system.
(i) Having sign-off approval on all wireless communications systems within the state which are owned or operated by any state or local governmental entity, agency or department.
(j) Creating a standard user agreement.
(5) The commission, in conjunction with the Department of Information Technology Services, shall exercise its powers and duties pursuant to this act to plan, manage and administer the wireless communications system. The commission may:
(a) In consultation with the advisory board and the Department of Information Technology Services, establish policies, procedures and standards to incorporate into a comprehensive management plan for use and operation of the communications system.
(b) Enter into mutual aid agreements among federal, state and local agencies for the use of the communications system.
(c) Establish the cost of maintenance and operation of the system and charge subscribers for access and use of the system.
(d) Assess charges for use of the system.
(e) Obtain space through rent or lease of space on any tower under state control. The commission may also rent, lease or sublease ground space as necessary to locate equipment to support antennae on the towers. The costs for use of such space shall be established by the owner/agent for each site when it is determined to be practicable and feasible to make space available.
(f) Provide space through rent or lease of space on any tower under the commission's control. The commission may also rent, lease or sublease ground space as necessary to locate equipment to support antennae on the towers. The costs for use of such space shall be established by the commission when it is determined to be practicable and feasible to make space available.
(g) Refuse to lease space on any tower at any site. All monies collected by the commission for such rents, leases or subleases shall be deposited directly into a special fund hereby created and known as the "Integrated Public Safety Communications Fund," and may be used by the commission to construct, maintain and operate the system.
(h) Rent, lease or sublease ground space on lands acquired by the commission for the construction of privately owned or publicly owned towers. The commission, as part of such rental, lease or sublease agreement, may require space on such towers for antennae as may be necessary for the construction and operation of the wireless communications system.
(i) Enter into and perform use and occupancy agreements concerning the system.
(j) Exercise any power necessary to carry out the intent of this law.
(6) The Department of Transportation shall provide to the commission, on a full-time basis, personnel and technical support necessary and sufficient to effectively and efficiently carry out the requirements of this section. The commission shall appoint an executive administrator who shall be responsible for the day-to-day management and administration of the commission. The executive administrator shall receive a salary set by the commission and shall be subject to the authority of the State Personnel Board.
(7) (a) From and after the effective date of this act, and during each fiscal year thereafter, the Commissioner of Public Safety shall transfer an amount not to exceed One Million Dollars ($1,000,000.00) annually from the Department of Public Safety Wireless Communication Fund to the Integrated Public Safety Communications Fund which may be used solely for the purposes of this act. The Integrated Public Safety Communications Fund shall be administered by the commission.
(b) The Integrated Public Safety Communications Fund may consist of the following:
(i) Appropriations from the Legislature;
(ii) Gifts;
(iii) Federal grants;
(iv) Fees and contributions from user agencies that the commission considers necessary to maintain and operate the system; and
(v) Monies from any other source permitted by law.
(c) Any monies remaining in the Integrated Public Safety Communications Fund at the end of the fiscal year shall not revert to the State General Fund, but shall remain in the Integrated Public Safety Communications Fund.
(8) Members of the commission shall not receive any compensation or per diem, but may receive travel reimbursement provided for under Section 25-3-41.
(9) There is hereby created the Wireless Communication Advisory Board for the purpose of advising the Mississippi Wireless Communication Commission in performance of its duties. The advisory board shall be composed of the following:
(a) The Chairman of the Senate Public Utilities Committee;
(b) The Chairman of the House of Representatives Public Utilities Committee;
(c) The Adjutant General of the Mississippi National Guard;
(d) The Director of the Mississippi office of the Federal Bureau of Investigation;
(e) One (1) member who represents the state agency users to be appointed by the Governor;
(f) One (1) member who represents private entities with partnerships with the Mississippi Interoperable Communications Systems to be appointed by the Governor;
(g) One (1) member of the House of Representatives to be appointed by the Speaker; and
(h) One (1) member of the Senate to be appointed by the Lieutenant Governor.
Members of the advisory board shall not receive any compensation or per diem, but may receive travel reimbursement provided under Section 25-3-41, except that the legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the advisory board shall be paid to legislative members while the Legislature is in session.
(10) It is the intent of the Legislature that all state and local government entities make available for purposes of this act all publicly owned wireless communications infrastructure, including, but not limited to, communications towers, transmission equipment, transmission frequencies and other related properties and facilities.
(11) Nothing in this act shall be construed or interpreted to provide for the regulation or oversight of commercial mobile radio services.
(12) Nothing in this act shall be construed to supercede the authority of the Department of Information Technology Services provided in Section 25-53-1 et seq.
SECTION 2. This act shall take effect and be in force from and after its passage.