W. Va. Code R. § 150-25-2

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-25-2 - Definitions

2.1. For purposes of this Rule, the Commission adopts the definitions of "commercial mobile radio service provider or CMRS provider," "county answering point," "emergency services organization," "emergency service provider," "emergency telephone system," "enhanced emergency telephone system," "public agency," "public safety unit," "telephone company," "comprehensive plan," "technical and operational standards," set forth in W. Va. Code § 24-6-2. Regarding prepaid cellular service, the Commission adopts the definitions of "prepaid wireless calling service" in W. Va. Code § 11-15-2 and "sale" in W. Va. Code § 11-15-2. In addition, unless otherwise specified in this Rule, the Commission adopts the definitions set forth in section 1.7 of the Commission's Rules for the Government of Telephone Utilities, C.S.R. §150-6-1.7.

2.2. "Cost" -- Means, as applied to any project to be financed in whole or in part with funds provided from the Tower Access Assistance Fund, the cost of acquisition, equipping, and/or construction of the proposed wireless tower; the cost of preliminary design and analysis, surveys, borings; the cost of environmental, financial, market and engineering feasibility studies, assessments, applications, approvals, submissions or clearances; the cost of preparation of plans and specifications and other engineering services; the cost of acquisition of all land, rights-of-way, property rights, easements, franchise rights and any other interests required for the acquisition, equipping, and/or construction of the wireless tower; the cost of demolishing or removing any buildings or structures on acquired land, including the cost of acquiring any lands to which buildings or structures may be moved; the cost of excavation, grading, shaping or treatment of earth; the cost of constructing any tower, guy lines, warning lights, antennae, feed lines, radio equipment, power lines, generators, security fencing, gates or other facilities necessary for the operation and protection of the tower; the cost of all apparatus, other machinery, and equipment necessary for the operation of the tower; loan or origination fees and all finance charges and interest incurred prior to and during the construction and for no more than six months after completion of construction; the cost of insurance related to equipping and construction; the cost of legal services and expenses; the cost of all plans, specifications, surveys and estimates of cost; all working capital and other expenses necessary or incident to determining the feasibility or practicability of acquiring or constructing any wireless tower; the cost of placing any project in operation; and all other costs of any kind or nature incurred or to be incurred by the project sponsor that are reasonable and necessary for carrying out all works and undertakings necessary or incident to the accomplishment of any project: Provided, That costs will not include any amounts related to the ongoing operations of the owner or operator, depreciation thereof or any other cost which the Commission has not determined to be consistent with the purposes and objectives of the legislation establishing the Wireless Tower Access Assistance Fund.

2.3. "County" -- One of the counties provided for in W. Va. Code § 1-1-1.

2.4. "Emergency Number" -- Any telephone number, including 9-1-1, and any 7-digit or 10-digit number which could access a 9-1-1 line or trunk, which is primarily used for the purpose of reporting emergencies such as fires, the need for law enforcement, rescue and/or medical assistance, actual or imminent disasters, etc.

2.5. "Emergency Services Organization" -- The organization established under W. Va. Code § 15-5-1 et seq.

2.6. "Enhanced Emergency Telephone System" or "Enhanced 911 Service" -- A telephone system which automatically connects a person dialing 911 to the appropriate county answering point with automatic location identification and automatic number identification.

2.7. "FCC" -- The Federal Communications Commission.

2.8. "In-state two-way service subscriber" -- A person or entity with a valid retail CMRS subscription.

2.9. "Local Exchange Carrier" or "LEC" -- A person or entity granted a certificate of public convenience and necessity to provide local exchange services within a defined service area of the State. Incumbent LECs will be those LECs holding certificates of public convenience and necessity prior to January 1, 1995.

2.10. "NANC" -- The North American Numbering Council.

2.11. "NANP" -- The North American Numbering Plan.

2.12. "Need of the project sponsor" -- Means there is a public need for a project. The Wireless Tower Access Assistance Fund Review Committee may construe a lack of wireless telephone service, in that part of a county in which a project is proposed, as a factor supporting the conclusion that a need exists for a project in that county.

2.13. "Person" -- Means any individual, entity, or any corporation, partnership, association, limited liability company or any other form of business organization or agency entitled to sue or be sued under applicable state law.

2.14. "Political subdivision of the state" -- Means any county commission, municipality or county board of education; any separate corporation or instrumentality established by one or more counties or municipalities, as permitted by law; any instrumentality supported in most part by municipalities; any public body charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, cities or towns; a combined city-county health department created pursuant to W. Va. Code § 16-2-1 et. seq.; public service district; and other instrumentalities including, but not limited to, volunteer fire departments and emergency service organizations as recognized by an appropriate public body and authorized by law to perform a governmental function.

2.15. "Project" -- Means an undertaking involving a wireless tower to be acquired, constructed, equipped and/or operated by a state agency, political subdivision or wireless telephone carrier or any combination of such entities.

2.16. "Project sponsor" -- Means any county commission which intends to acquire, construct, equip, or otherwise develop a wireless tower.

2.17. "Public Agency" -- Means the State, and any municipality, county, public district, or public authority which provides or has the authority to provide fire-fighting, police, ambulance, medical, rescue or other emergency services.

2.18. "Public Safety Wireless Fee" or "Public Safety Fee" -- Means the monthly fee that a CMRS provider charges and collects from their in-state two-way service subscribers, which generates revenue designated for certain uses by the Division of Homeland Security and Emergency Management and the West Virginia State Police.

2.19. "Public Safety Unit" -- Means a functional division of a public agency which provides fire-fighting, police, medical, rescue or other emergency services.

2.20. "Public Service Commission," or "Commission," -- Means the Public Service Commission of West Virginia created and established under Chapter 24 of the W. Va. Code or any successor to all or any substantial part of its powers and duties.

2.21. "State agency" -- Means a state department, board, commission, institution or other administrative agency of state government.

2.22. "Telephone Utility" -- Any person, firm, partnership, or corporation engaged in the business of furnishing telephone communications services to the public under the jurisdiction of the Public Service Commission of West Virginia.

2.23. "Valid retail CMRS subscription" -- A two-way, voice grade or better, cellular or personal communications services (PCS) telecommunications service associated with a unique multi-digit area code prefix assigned by NANC, pursuant to NANP, for any area within the State of West Virginia, and which may be used to signal terminal equipment devices associated with the service. Note: A single cellular or PCS account may have more than one valid retail CMRS subscription associated with that account.

2.24. "WE911 Fee" or "Wireless Enhanced 911 Fee" -- Means the wireless enhanced 911 fee prescribed by W. Va. Code § 24-6-6b.

2.25. "Wireless telephone carrier" -- Means any commercial mobile radio service provider, as defined in W. Va. Code § 24-6-2 as cellular licensees, broadband personal communications services licensees, and specialized mobile radio providers, as those terms are defined by the Federal Communication Commission, which offer real-time, two-way switched voice service that is interconnected with the public switched network, and includes resellers of any commercial mobile radio service.

2.26. "Wireless tower" -- Means any structure, antenna, tower, or other device which provides, or is suitable to provide, CMRS, cellular phone services, specialized mobile radio (SMR) communications services, common carrier wireless exchange phone services, PCS, public safety (including law enforcement, ambulance, rescue and firefighting) communications, wireless broadband Internet access, Department of Highways communications and/or commercial pager services.

2.27. "Wireless Tower Access Assistance Fund," or "Fund" -- Means the Fund established in accordance with the provisions of W. Va. Code § 24-6-6b.

2.28. "Wireless Tower Access Assistance Fund revenue" -- Means all amounts appropriated by the Legislature; all amounts deposited into the Tower Access Assistance Fund; any amounts received, directly or indirectly, from any source for the use of all or any part of any wireless tower project funded by the Wireless Tower Access Assistance Fund.

2.29. "Wireless Tower Access Assistance Fund Review Committee," or "Committee" -- Means a committee established by the Commission to review and make recommendations to the Commission on applications for grants from the Wireless Tower Access Assistance Fund. The Committee will be made up of the following:

1) a member, to be appointed by the Chairman of the Commission, of the Staff of the Public Service Commission familiar with wireless telecommunications technology;

2) the Speaker of the House of Delegates or that person's designee, as a non-voting member;

3) the Senate President or that person's designee, as a non-voting member;

4) a representative of County Commissions, to be appointed by the County Commissioners' Association of West Virginia;

5) a representative, to be appointed by the Governor, of wireless telephone providers operating in West Virginia;

6) a representative, to be appointed by the Governor, of the wireless tower construction industry;

7) the Superintendent of State Police or that person's designee;

8) the Director of the West Virginia Division of Homeland Security and Emergency Management or that person's designee;

9) a representative, appointed by the West Virginia Enhanced 911 Council, of the W. Va. Enhanced 911 Council. The Committee will meet to consider applications for financial assistance from the Wireless Tower Access Assistance Fund and to make determinations regarding such applications. Such determinations shall be based upon the guidelines and criteria established by these Rules.

2.30. "Wireless Tower Access Fee" -- Means the monthly fee that a CMRS provider charges and collects from their in-state two-way service subscribers, which generates revenue designated to fund the construction of wireless towers.

W. Va. Code R. § 150-25-2