E911 INFORMATION HARRISON COUNTY C OMMIS SION

Transcription

1 E911 INFORMATION HARRISON COUNTY C OMMIS SION

2 By the County Commission of Harrison County an Ordinance enacted under'chapters 7 and 24 of the West Virginia Code. An Ordinance of Harrison County providing for the.estab1 ishment of a countywide, Enhanced Emergency Telephone System and the imposition of a fee upon local exchange service consumers to finance installation, recurring maintenance, and dispatcher costs. WHEREAS, the Harrison County Commission has determined that the installation of a countywide, Enhanced Emergency Telephone System would allow any citizen in Harrison County to request emergency fire, police, ambulance and rescue services by simply dialing from any telephone in the county; and WHEREAS, the Harrison County Commission seeks to promote the public health, safety and general welfare of all individuals within the county by ensuring all requests for emergency assistance can be channeled through one central answering point to the appropriate emergency service response agency, regardless of whether the caller is located in an incorporated or unincorporated area of the county; and WHEREAS, the Harrison County Commission intends to install and maintain an Enhanced Emergency Telephone System that will, upon completion, automatically connect a person dialing within the county to the central answering point and provide prompt information on the location and telephone number from which the call is being made so that the source of a call for help can be locked in even if a caller is disconnected or unable to communicate with emergency officials; NOW THEREFORE be it ORDAINED by the COUNTY COMMISSION of Harrison County, West Virginia, that the plan herein be adopted providing for the installation and ongoing operation and maintenance of an Enhanced Emergency Telephone System that will serve both incorporated and unincorporated areas of the county in accordance with section three-cc, article one, chapter seven ( $ 7-1-3cc) and article six, chapter twenty-four ($ et al) of the West Virginia Code: That a copy of the proposal attached hereto be mailed to the Telephone Companies providing local exchange service within the county and to local emergency providers and that the County Commission seek the advice of such companies and such providers in developing a final plan for an Enhanced Emergency Telephone System: That a copy of the proposal attached hereto be made available for examination by the public at the Harrison County Court House, 301 West Main Street, Clarksburg, West Virginia; That a public meeting be scheduled to be held at the Harrison County Court House, 301 West Main Street, Clarksburg, West Virginia on May 31, 1989 in order to receive comments from other public officials and interested persons; That at least thirty (30) but not more than sixty (60) days before such meeting an advertisement be placed by James A. Harris, Harrison County System Coordinator in the Clarksburg Exponent Telegram newspaper of general circulation in Harrison County, notifying the public of the date, place and purpose of such meeting and of the location at which a copy of such proposal may be examined.

3 COMPREHENSIVE PLAN FOR ENHANCED EMERGENCY TELEPHONE SYSTEM SECTION 1 - DEFINITIONS ARTICLE 1 -- GENERAL PROVISION As used In this ordlnarice unless tlie curitext utlierwise clearly indicates, the following words and phrases shall have the meanings hereinafter set forth: a) "County Answering Point" means a facility to which Enhanced Emergency Telephone System calls for the county are initially routed for response, and where trained personnel respond to specific requests for emergency service by directly dispatching the appropriate emergency provider or transferring the call to the appropriate provider. The central answering point for Harrison County Enhanced System shall be the Harrison County Bureau of Emergency Communications (Fire and Rescue Headquarters). b) "Emergency Services Organization" means the organization established under Article 5, Chapter 15 of the West Virginia Code. c) "Emergency Service Provider" means any emergency services organization of the county or its municipalities. d) "Enhanced Emergency Telephone System" means a telephone system which automatically connects the person dialing to the County Answering Point and in which the telephone network system automatically provides to personnel receiving the calls, immediately on answering the call, information on the location and the telephone number from which the call is being made, and upon direction from the personnel receiving the call routes such call to emergency service providers that serve the location from which the call is made. "Public Agency" means Harrison County and all ficorporated municipalities of the county which provide or have authority to provide firefighting, police, ambulance, medical, rescue or other emergency services within the county. Those municipalities shall include, but shall not be limited to the following: 1) Town of Annioore 2) City of Bridgeport 3) City of Clarksburg 4) Town of Lost Creek 5) Town of Lumberport 6) Town of Nutter Fort 7) City of Salem 8) City of Shinnston 9) City of Stonewood 10) Town of West Milford

4 "Public Safety Unit" means the functional :!visions of Harrison County and each county municipality which provide firefighting, police, medical, rescue or other emergency services. g) "Public Utility" means primarily the Chesapeake & Potomac Telephone Company, the host public utility engaged In provldlny local exchange telephone service to consumers in Harrison County. [*Also included in providing local exchange service to areas of Harrison County as a Public Utility is Contel of West Virginia.] h) "Regulating Agency" means the West Virginia Public Service Commission which, by law, regulates services provided by a public utility. SECTION 2 - AVAILABILITY ARTICLE I1 -- MINIMUM REQUIREMENTS a) All territory in the county, including all municipal corporations in the county, provided local exchange service by Chesapeake and Potomac Telephone Company, including the Sardis and Wallace exchanges in Harrison County and the Flemington exchange in Taylor and Barbour Counties, provided local exchange service by Contel of West Virginia. (See Appendix A). b) The emergency service providers of all local political subdivisions that currently provide emergency services within the county will participate in the Enhanced Emergency Telephone System. A1 so participating are Flemington area emergency service providers from Taylor and Barbour Counties. SECTION 3 - CENTRALIZED ANSWERING POINT a) The centralized answering point for the Enhanced Emergency Telephone System will be the Harrison County Bureau of Emergency Communications (Fire Rescue Headquarters) and it will be in full service for receiving and dispatching emergency calls constantly. b) The Harrison County Bureau of Emergency Communications (Fire and Rescue Headquarters) will be connected to the Chesapeake and Potomac Telephone Company's network designated facilities via ANI trunks and combination voice and data circuits. The Harrison County Bureau of Emergency Communications is located on Route 19 North in Clarksburg at the Harrison County Emergency Services Center and will serve as the only Public Service Answering Point for the Harrison County Enhanced Emergency Telephone System. C ) The Harrison County Bureau of Emergency Communications (Fire and Rescue Headquarters) as County Answering Point will respond to calls for police, fire, ambulance, rescue and emergency service calls as fol lows:

5 Anmoore Fire Department Direct Uispatch Anmoore Emergency Medical Services Anmoore Police Department - Bridgeport Fire Department - Bridgeport Emergency Medical Services Bridgeport Police Department Clarksburg Fire Department - Clarksburg Police Department - Uirect Ulspatch Flemington Fire Department -Taylor Co.- Harrison County Dog Warden - Harrison County Emergency Squad Co. 61- Harrison County Emergency Squad Co. 62- Harrison County Magistrates On Call Paging Harrison Co. Office of Emergency Ser. Harrison County Sheriff's Dept. Johnstown Fire Department Lost Creek Fire Department - Lumberport Fire Department - Lumberport Police Department Mount Clare Fire Department Nutter Fort Fire Department Nutter Fort Police Department - Reynoldsville Fire Department Salem Fire Department - Salem Police Department Shinnston Fire Department Shinnston Police Department Spelter Fire Department - Stonewood Fire Department Stonewood Police Department Summit Park Fire Department Wallace Fire Department West Milford Fire Department WV Dept. of Agriculture (Forester) WV Dept. of Natural Resources (Law) - By County Radio WV Dept. of Public Safety (Company A) - Call Transfer WV State Fire Marshal (Arson Division)- Call Transfer SECTION 4 - EMERGENCY SERVICE PROVIDERS; HANDLING OF MISDIRECTED CALLS a) Every emergency provider that provides emergency service within the territory of Harrison County including Flemington area emergency service providers in Taylor and Barbour Counties will be required to participate in the Enhanced Emergency Telephone System. b) The emergency providers referred to in subsection (a) shall be the following: 1) Anmoore Fire Department 2) Anmoore Emergency Medical Services 3) Anmoore Police Department 4) Bridgeport Fire Department 5) Bridgeport Emergency Medical Services 6) Bridgeport Police Department 7) Clarksburg Fire Department a) Central Station b) East End Station c) North View Station d) West End Station

6 Clarksburg Police Department Flemington Fire Department (Taylor County) Harrison County Dog Warden Harrison County Emergency Squad Co. 61 Harrison County Emergency Squad Co. 62 Harrison County Magistrates Harrison County Office of Emergency Services Harrison County Sheriff's Dispatch Johnstown Fire Department Lost Creek Fire Department Lumberport Fire Department Lumberport Police Department Mount Clare Fire Department Nutter Fort Fire Department Nutter fort Police Department Reynoldsville Fire Department Salem fire Department Salem Police Department Shinnston Fire Department Shinnston Police Department Spelter Fire Department Stonewood Fire Department Stonewood Police Department Summit Park Fire Department Wallace Fire Department West Milford Fire Department WV Department of Agriculture (Forestry) WV Dept. of Natural Resources (Law Enforcement) WV Department of Public Safety (Company A) WV State Fire Marshal (Arson Division) Misdirected calls will be handled as follows: Sheriff's Department and MuniciDal Police Departments from Dispatch Center: Correction via radio transmission if unit is enroute or correction via telephone if unit has not responded when misdirection of the call is realized. To Fire Departments from Dispatch Center: Correction via radio transmission if units are enroute or correction via telephone if unit has not responded when misdirection of the call is realized. To Office of Emergency Services from Dispatch Center: Correction via radio transmission if unit is enroute or correction via telephone if unit has not responded when misdirection of the call is realized. To Emergency Medical Services from Dispatch Center: Correction via radio transmission if units are enroute or correction via telephone if unit has not responded when misdirection of the call is realized. To County Magistrates from Dispatch Center: via telephone or radio paging system. Correction To WV Department of Agriculture (Forestry) from Dispatch Center: Correction via radio transmission if unit is enroute or correction via telephone if unit has not responded when misdirection of the call is realized,

7 To WV Department of Natural Resources (Law Enforcement) from Dispatch Center: Correction via radio transmission if unit is enroute or correction via telephone if unit has not responded when misdirection of the call is realized. To Dog Warden from Dispatch Center: Correction via radio transmission when unit is enroute. To WV State Police (Company A) from Dispatch Center: Correction via radio transmission where feasible followed by telephone call to Company A Headquarters. d) Each emergency provider participating in the system shall maintain a telphone number in addition to the one provided in their system. SECTION 5 - PROJECTION OF COSTS ARTICLE I11 -- PROJECTED COSTS a) The initial capital and installation costs of the enhanced emergency telephone system are projected to be as follows: Service Establishment (C&P) $ 7, Service Establishment (Contel) $ 2, AN I $21, Selective Routing $ 3, Master Control ler $ 4, Computer System for CALLS $11, Power Conversion Unit $ CALLS/ALI Subsystem Database $ 8, ANI Display ti Transfer Units Total for (3) units $ 3, ALI Screens Total for (3) units $ 2, Button Telephone Equipment Total for (3) units $ 3, Printer $ Total Capital & Installation costs $67, ANNUAL PERSONNEL SERVICES ARE ESTIMATED AS FOLLOWS: Twelve Dispatchers salary at $12, $ 144, FICA, Retirement and Insurance (3 $4, $52, Coordinator $ $22, FICA, Retirement and $4, $4, Total Annual Personnel Service $222, TOTAL COST PROJECTION: CAPITAL/INSTALLATION/PERSONNEL (First Year) $290,663.00

8 b) The annual costs for the first five years of recurring maintenance and dispatcher costs are projected to be as follows: Monthly Annually ANI and Related Equipment (C&P) $3, $46, ANI & Related Equipment (Conte1)$1, $17, CALLS updates for Data Base $ $6, Computer Maintenance $ $I, C & P 2% Collection Charge $ $7, Contel 3% Collection Charge $ $7, Modular Telephone Headsets $ $2,055.OO Subtotal Equipment $7, $89, Dispatchers Salaries $12, $144, FICA, Retirement & Insurance $ $4, Coordinators Salary $1, $22, FICA, Retirement & Insurance $ $4, Subtotal Personnel Services $14, $175, Dispatcher Training $ $6, Printing $41.67 $ Dispatcher Uniforms & Cleaning $ $7, Advertising $56.67 $ S ubtot a 1 C ommod i t i es $1, $14, TOTALS $23, $278, NOTE: Dispatch Center employees will be entitled to salary increases at the discretion of the Harrison County Commission based upon revenue estimates each year. There is no current policy of the Harrison County Commission that grants salary increases but prior experience shows increases do occur routinely. To make an estimate, figures from the past salary increase were used. Amounts of previous salary increases of the Harrison County Commission have been, in the range between 3% and 5% per employee per year. This would average $ per employee or $6, per year for thirteen employees. c) The cost to upgrade CentraCom Series I radio position to a Series 11 System at the Answering Point is not included in this proposal however these costs, born by the Harrison County Commission, will be approximately $50, d) There are no recurring costs, such as rent, since the Answering Point will be located at the Harrison County Emergency Services Center, Route 19 North, in Edgewood Section of Clarksburg. ARTICLE IV -- CONSUMER FEE SECTION 6 - lmpositlon OF FEE: ADOPTION OF BILLING CONTRACT: ESTABLISHMENT OF SEPARATE E-911 FUND: PAYMENT OF COSTS NOT RECOVERED THROUGH FEE a) Pursuant to section three-cc, article one, chapter seven ( 7-1-3cc) of the West Virginia Code, the County Commission of HarrisonTEnty herebyimposes a fee of ninety eight cents ($.98) per month per local exchange service line to finance the projected costs of the Capital installation and maintenance costs of the Enhanced Emergency Telephone System.

9 Such fee, when collected for three months prior to the start of the Enhanced Emergency Telephone System, shall cover the costs of the initial capital outlay and installation charges. Since the amount of ninety-eight cents ($.98) will only partially offset the cost of monthly maintenance charges and dispatcher salaries and benefits, we do not expect to reduce the charge at this time. Such fee slial 1 become et f ectl ve on August 1, b) The County Commission of Harrison County hereby adopts and ratifies the contracts attached hereto as Appendices B and C for the billing of the Enhanced Emergency Telephone System fee by C & P Telephone Company of West Virginia and Contel of West Virginia. All fees remitted under the contract referred to subsection (b),ishall be deposited in a separate "Enhanced Fund. d) Notwithstanding the foregoing provisions, the following costs, although recoverable through the Enhanced Emergency Telephone System fee, shall not be recovered through such fee: Costs to remodel the answering point to accept E Such costs shall be paid for from General Revenue Funds of Harrison County. e) The costs associated with establishing, equipping, furn.ishing, operating or maintaining the County Answering Point shall be paid for as follows: 1. General County Revenue Funds SECTION 7 - TELEPHONE COMPANY a) The terms and conditions of the telecommunications service and facilities provided by the telephone company shall be governed by the applicable tariffs on file with and approved by the Public Service Commission of West Virginia, the rules, regulation and orders of the Public Service Commission of West Virginia and the laws of the State of West Virginia. b) The telephone companies providing services and facilities identified in subsection (a) are: C & P Telephone Company Contel of West Virginia SECTION 8 -TARIFFS, RULES AND REGULATIONS, AND LAW This final plan shall be supplemented and superceded by the applicable tariffs on file with and approved by the Public Service Commission of West Virginia, the rules, regulations and orders of the PubIic Service Commission of West Virginia, and the laws of the State of West Virgina. Such tariffs, rules, regulations, orders and laws shall be deemed incorporated in this final plan as if fully set out herein.

10 .I -. SECTION 9 FILING OF PLAN WITH THE PUBLIC SERVICE COMMISSION Upon adoption of this plan, the County Commission shall send a copy of such plan to the Public Service Commission of West V 1 rg inia. Ordered that this be adopted this -3 (& 0 ay

11 L Coninenlal Trllophona Comyaiiy 01 WBSt P.O. Box 30 SI. Marys. WV r APPENDIX -A- Telephone Operations April 24, 1989 Mr. James A. Harris, Coordinator Harrison County Enhanced System Emergency Services Center Route 3, Box 201 Clarksburg, West Virginia Dear Mr. Harris: Contel is pleased to present initial rates for Emergency Service for Harrison County. The Flemington, Sardis and Wallace telephone exchanges are served by Contel, and the number of access lines in each county are shown below. Exchange County Access Lines Flemington (789) Harrison Taylor Barbour Sardis (783) Harrison Wallace (796) Harrison ,907 Total All subscribers dialing from the Flemington, Sardis and Wallace exchanges (1,907 access lihes) can be routed over dedicated trunks to the Harrison County Public Safety Answering Point (PSAP). In accordance with the proposed Harrison County ordinance, only those telephone subscribers within Harrison County will be billed the service fee to be established at ninety-eight (98~) per month SERVICE ESTABLISHMENT, INCLUDING: - Prim?ry service orders and central office work for six (6) dedicatd trunks (2 each from Flemington, Sardis and Wallace) - Network Design - Automatic Number Identification (ANI)

12 Mr. James A. Harris Harrison County Page 2 April 24, Forced Disconnect Subscriber Billing - ' Bill Inserts TOTAL NON-RECURRING SERVICE CtthRGE: MONTHLY CHARGES, INCLUDING: - Central Office Modifications Trunks and Mileage - Automatic Number Identification - Forced Disconnect TOTAL RECURRING SERVICE CHARGES: $1,377 $ 744 PER 1000 ACCESS LINES OR FRACTION THEREOF PER biontii PER 1000 ACCESS LINES OR FRACTION 'I'HEREOF Contel is in the process of developing a service tariff to be filed with the Public Service Commission of West Virginia. The above rates, therefore, are preliminary estimates until approved. Contel is dedicated to working with Harrison County to implement Emergency Service. If you have any questions, please contact Barry Burns, Network Sales Coordinator, at (304) Sincerely, -+* James Mctaughlin Vice PresidentIState Manager JMIkgs

13 ....,..: I..,".,., I :I.'I j.',.i' ' ' SERVICE Harr9 son County E-91 1 (Name of Customer) 6 s ; * - I, AGREEMENT (Exchange - Tel. No.) i 't If t '(SFAS" p?&vided'$y the Chesapeake and Potomac Telephone Company of West Virginia, this agreement is supplemental to the regular application for telephone service between the undersigned parties and installation of_common Fa-t. C.O. Lines and terminal equipment to support ANI as part of E positioned PSAP for Harrison County. Fully enhanced 911 service with CALLS for location identification. (Description and Location of Equipment, Facilities or Service) The period of this agreement shall be for 60 months, provided, however that this agreement may be terminated for non-appropriation of funds as set forth below. If at the customer's request, engineering, manufacturing or installation work once begun is stopped and the installation is not completed, then the customer agrees to reimburse the Telephone Company for all costs, incurred in connection with that part of the work which is done. The Telephone Company shall not bill customer for service until service is provided. The Telephone Company shall provide a CALLS data base prior to the system being put into service. Customer shall pay for the aforesaid CALLS data base when provided (Subscriber Bi 11 ing Telephone Number) Harrison County Commission (Subscriber Name) 301 West Main Street (Subscriber Street Adress) Clarksburg, W. Va (City and State) ACCEPTED: This agreement was made and executed in the State of West Virginia and it shall be governed in accordance with the laws of West Virginia. In the event of non-appropriation of funds for this system, this Agreement will terminate on the last of the fiscal year without penalty; provided the county remain obligated to pay th monthly bills for all service pjior to any termination date. 1 " (si gnature) President, Harrison County Commission (Title) Account Executive (Telephone Co. Representative Title) u (Date Signed) I I (Date {igned)

14 TELECOMMUNICATIONS SECTION - PSC

15 0 TELECOMM UNlCATlONS SECTION - PSC SUBSCRIBER BILLING CONTRACT This Subscriber Billing Contract ("Contract1') is made this a/= day of )lj Id 1989, by and between the County Commission of Harrison County, West Virginia (Vommissionl'), a public corporation, and CONTEL of West Virginia, Inc. a West Virginia corporation ("Company11). The parties hereby agree: 1. The Company shall act as the billing agent for the Commission for the billing of the fee imposed by the Commission for the capital, installation and maintenance costs, including recurring maintenance and dispatcher costs, of the enhanced emergency telephone system of Harrison County ("System"). 2. The Company's duties as billing agent are: A. The System fee shall appear on the monthly bills the Company issues to its local exchange service line customers in Harrison County, beginning with the bills dated September 16, The amount of the System fee shall be ninety-eight cents ($,98) per month per local exchange service line, excludingte1-assistance service lines. For purposes of this contract, 3 "local exchange service line" is a line provided by the Company pursxant to its LOCAL EXCHANGE SERVICE TMiIFF, PSC - W. VP.. - No. 2 for which it issues a bill to a customer or customers. It is expressly understood that a "local exchange service line" shall include and be limited to the following: 1, each residence line; 2. each business line, including key business lines; 3. each semi-public telephone line; 1

16 B. C each OocOT (Cu8tomer-Dwntd, Coin-Operated Telephone) line1 5. each PBX trunk; and 6. each number of Centra liner bcpignated to bt the equivalent of a PBX trunk under the aforementioned tariff. For each fraction of a PBX trunk -equivalent, a proportionate fraction of the fee ahall be billed. The Company shall remit to the Commission by the last day of each month all fees collected by it during the preceding month, less the consideration set out in Paragraph 3. In the event the ammnt remitted is greater or less than the amount due under this Contract, any an3 all liability under this Contract shall be discharged by payment of the remaining amount due ar by return of the amount overpaid, whichever the case may be. In either such case, no interest shall be charged. In the event a customer of the Company contends either that the System fee is not owed by such customer or that such customer is owed a refund of such fee, the Company shall refer the question to the Commission and the Company shall thereafter collect or refrain from collecting such fee from such customer as instructed in writing to do by the Commission. Such writing shall be mailee within five (5) days of the date the question is referred, unless otherwise agreed by the parties in writing. 3. In consideration for the Company's services, it shall retain three percent (3%) of the fees billed befxe remitting the remainder to the Commission. 4. The Commission shall indemnify and hold the Company narmless from and against any claims or suits arising out of, in connection with, or related to the Commissions's authority to impose a System fee or the erroneous collection or failure to bill such fee as a result of a good faith mistake on the part of the Company. It is expressly understood that the foregoing indemnification shall include the responsibility to investigate and defend against such claims,.including payment of attorney's fees.

17

18 S. Purruant to Weet Virginir Code $S mb f-l-3cc, the Comnirrion m y import & fee only for an menhaneed emergency telephone ~ystern'' ar defined by law. The Conmimion warrmtc to the Company that the fee to be collected by the Company ir for &n "enhanced emergency telephone iy6tem" Q ~ Q 16 otherwire permissible under West Virginia and other applicable laws.-, 6, The Commission shall notify the Company in writing at least ninety (90) bays prior to the effective date of any change in the amount of the System fee. i 7. The term of this Contract shall be one year. The term may be extended by the Commission for an additional year by giving the Company written notice of such extension within ninety (90) days of the date of expiration of such term. The term may be further extended in a like manner for three (3) more additional years, allowing for a total of four (4) extensions of one year each. 0. Either party may, at any time, terminate this contract by giving the other party sixty (60) days written notice of such termination. 9. All notices under this Contract shall be mailed by certified mail return receipt requestea. Notices shall be mailed to the other party at the following address: Ruby Keister, President Harrison County Commission Harrison County Courthouse 301 W e s t Main Street Clarksburg, wtl Coordinator - Network Sales CONTEL of West Virginia, Inc. State Route 2 - South, Emerick Hill P.O. Box 30 St. Marys, West Virginia

19 e. 8, STATE OF WEST VIRGINIA, C O W OF rurrison, TO-WITS The foregoing inrtrument was &cknowltqgeq before me thir bay of *z/,!, 1989, by Ruby Keirttr, Preeident of the Harrison County Commitsion, a public corporation, on behalf of uaib Commission. My commirsion expires: % 'bcl G9 STATE OF WEST VIRGINIA, ZOUNTY OF' HARRISON, TO-WIT: The foregoing instrument was acknowledged before me this w day of r # 1989, by James McLaughlin, Vice President %?:~EI, of West Virginia, Inc., a West Virginia corporation, on behalf of said corporation. 5

20 10. Thir Contrrct ir rxtcuttd In and rhall be governed by the laws of the State of Went Virginia. 11. Thfa Contract ruperccder a11 prior bocumtntr, negotiations, rnb agreements, con~tituter the entire agreement of the partier; on the eubject matter to which it applies, and may be mended only by a written instrument 6igned by both parties. COUNTY COMMISSION OF HARRYON COUNTY COMMISSION By Ruby Keister Its President AONTEL OF WEST VIRGINIA, INC. /By James McLaughlin Its Vice President 4

21 The foregoing lnrtrument was acknowledged before me thir day of TZiq , by ~uby Kehttr, President of the HarrLEon County Comnirsion, a public corporation, on behalf of #aid Comrniosion. My comniroion expires: K-4- \ w - Notary- ad G9 lic 0 STATE OF WEST VIRGINIA, 2OUNTY OF HARRISON, TO-WIT: The foregoing instrument was acknowledged before me this day of &cv , by James McLaughlin, Vice President of CONTEL of West Virginia, Inc., a West Virginia corporation, on behalf of said corporation. My commission expires: 5

22 t.'..,..! BILLING CONTRACT 54 This contract is made this :Jj , by and between the Harrison County Commission (the TELECOMMUNICATIONS SECTION - PSC "Commission") and The Chesapeake and Potomac Telephone Company of West Virginia ("C&P"). The parties hereby agree as follows: 1. C&P shall act as the billing agent within its franchise service area in Harrison County for the Commission for I the billing of the fee imposed by the Commission for the capital, installation and maintenance costs, including recurring maintenance and dispatcher costs, of the enhanced emergency telephone system of Harrison County. 2. C&P's duties as billing agent shall be as follows: a. The enhanced emergency telephone system fee shall appear on the monthly bills C&P issues to its customers within its franchise service area in Harrison County, beginning with the bills dated July 31, The amount of such fee shall be ninety-eight cents (986) per local exchange service line. For purposes of this contract, a "local exchange service line" is a line provided by C&P pursuant to its LOCAL EXCHANGE SERVICE TARIFF, P.S.C. - W. VA. - No. 202 or otherwise for which it issues a bill to a customer or customers.

23 - 2 - It is expressly understood that a "local exchange service line" shall include and be limited to the following: each residence line; each business line; each semi-public telephone line; each PBX trunk; or each number of Centrex lines equivalent to a PBX trunk. For each fraction of a PBX trunk equivalent, a proportionate fraction of the fee shall be billed. b. C&P shall remit to the Commission by the last day of each month all fees collected by it during the preceding month, less the consideration set out in Paragraph 3. In the event the amount remitted is greater or less than the amount due under this contract, any and all liability under this contract shall be discharged by payment of the remaining amount due or by return of the amount overpaid, whichever the case may be. In either such case, no interest shall be charged.

24 , c. In the event a customer of C&P contends either that such fee is not owed by such customer or that such customer is owed a refund of such fee, C&P shall refer the question to the Commission and C&P shall thereafter bill or refrain from billing such fee from such customer as instructed in writing to do by such Commission. Such writing shall be mailed within five ( 5) days of the date the question is referred, unless otherwise agreed by the parties in wr i t i ng. 3. In consideration for C&P's billing agent services, it shall retain two percent (2%) of the fees collected before remitting the remainder to the Commission. For purposes of this contract, "fees collected" shall mean the fees billed by C&P less the fees uncollectible, which shall be calculated at C&P's current rate of uncollectible revenues for intrastate service. 4. The Commission shall indemnify and hold C&P harmless from and against any claims or suits arising out of, in connection with, or related to the Commission's authority to impose an enhanced emergency telephone system

25 - 4 - fee or the erroneous collection or failure to bill such fee as a result of a good faith mistake on the part of C&P. It is expressly understood that the foregoing indemnification shall include the responsibility to investigate and defend against such claims, including payment of attorney's fees. 5. The Commission shall notify C&P in writing at least ninety (90) days prior to the effective date of any change in the amount of the enhanced emergency telephone system fee. 6. The term of this contract shall be one year. Such term may be extended by the Commission an additional year by giving C&P written notice of such extension within ninety (90) days of the date of expiration of such term. Such term may be extended in a like manner for three (3) more additional years, allowing for a total of four (4) extensions of one year each. 7. Either party may, at any time, terminate this contract by giving the other party sixty (60) days written notice of such termination.

26 All notices under this contract shall be mailed by certified mail return receipt requested. Such notices shall be mailed to the other party at the following address: Harrison County Commission County Courthouse 301 W. Main Street Clarksburg, W. Va, Attention: Ruby KedZ-, PtrUdW The Chesapeake and Potomac Telephone Company of West Virginia Assistant Controller Room MacCorkle Avenue, S.E. Charleston, W. Va This contract is executed in and shall be governed by the laws of the State of West Virginia. 10. This contract shall supercede all prior documents, negotiations and agreements. It shall constitute the entire agreement of the parties on the subject matter to which it applies. HARRISON COUNTY COMMISSION --. Commissioner

27 ~ C>t--)t STATE OF WEST VIRGINIA, COUNTY OF HARRISON, TO-WIT: -\ who signed the writing hereto annexed for the Harrison County Commission, have this day in my said county, before me, acknowledged the said writing to be the act and deed of said Commission..T ;j Given under my hand this -31- day of _- I 1989 THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF WEST VIRGINIA wts President STATE OF WEST VIRGINIA, COUNTY OF KANAWgA, TO-WIT: I,, a notary public in and for said county, do certify that / who signed the writing hereto annexed for The Chesapeake and Potomac Telephone Company of West Virginia, has this day in my

28 - 7 - said county, before me, acknowledged the said writing to be the act and deed of said corporation. My commission expires:..w /&LJ 0L-d Notary Public