Ch. 451                                    2003 LAWS OF MARYLAND

18-106.

(a) Nothing in this subtitle requires a public service company to provide any
equipment or service other than pursuant to tariffs approved by the Maryland Public
Service Commission. Furthermore, the furnishing of services, the rates, and the
extent of any liabilities of a public service company shall be governed by those tariffs
approved by the Maryland Public Service Commission.

(b) Nothing in this subtitle requires a 911 service carrier to provide any
equipment or service other than the equivalent of that required of telephone
companies under subsection (a) of this section. Furthermore, nothing in this subtitle
shall be interpreted to extend any liability to a 911 carrier.

(c) A [cellular telephone company or personal communication company]
CMRS PROVIDER that pays or collects 911 fees under § 18-105 of this subtitle shall
have the same immunity from liability for transmission failures as that approved by
the Public Service Commission for local exchange telephone companies that are
subject to the regulation of the Commission under the Public Utility Companies
Article.

(D) A CMRS PROVIDER MAY NOT USE ANY EQUIPMENT OR TECHNOLOGY
PROCURED USING MONEY FROM THE 911 TRUST FUND FOR ANY PURPOSE, OTHER
THAN THOSE AUTHORIZED BY THIS SUBTITLE, WITHOUT THE WRITTEN CONSENT OF
THE BOARD.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article - Public Safety

1-301.

(a)     In this subtitle the following words have the meanings indicated.

(b)     "Additional charge" means the charge imposed by a county in accordance
with § 1-311 of this subtitle.

(c)      "Board" means the Emergency Number Systems Board.

(D)     "COMMERCIAL MOBILE RADIO SERVICE" OR "CMRS" MEANS MOBILE
TELECOMMUNICATIONS SERVICE THAT IS:

(1)      PROVIDED FOR PROFIT WITH THE INTENT OF RECEIVING
COMPENSATION OR MONETARY GAIN;

(2)      AN INTERCONNECTED, TWO-WAY VOICE SERVICE; AND

(3)      AVAILABLE TO THE PUBLIC.

(E)     "COMMERCIAL MOBILE RADIO SERVICE PROVIDER" OR "CMRS PROVIDER"
MEANS A PERSON AUTHORIZED BY THE FEDERAL COMMUNICATIONS COMMISSION
TO PROVIDE CMRS IN THE STATE.

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