This State shall create a special fund designated as the 911 System Fund, which shall be used to carry out the purposes of this chapter, pay the administrative expenses chargeable to the Fund, and to reimburse this State, counties, local governments and providers of telecommunications services in this State for costs associated with the 911 system.

69 Del. Laws, c. 256, §  2;  73 Del. Laws, c. 115, §  7;  79 Del. Laws, c. 332, §  1;  85 Del. Laws, c. 331, § 2; 

As used in this chapter:

(1) “ “911 system” means as defined in § 10002 of this title.

(2) “Board” means as defined in § 10002 of this title.

(3) “Business telephone service” means network access telephone service where the use of such service is primarily for business purposes.

(4) “FCC 911 order” means as defined in § 10002 of this title.

(5) “Fund” means the 911 System Fund created by this chapter.

(6) “Provider” means as defined in § 10002 of this title.

(7) “Residential telephone service” means network access telephone service where the use of such service is primarily for social or domestic purposes.

(8) “Secretary” means the Secretary of the Department of Safety and Homeland Security.

(9) “Wholesale services” means services that a provider furnishes to another provider, rather than to end-use customers.

(10) “Wireless provider” means as defined in § 10002 of this title.

(11) “Wireless service” means as defined in § 10002 of this title.

69 Del. Laws, c. 256, §  2;  73 Del. Laws, c. 115, §  8;  74 Del. Laws, c. 110, §  138;  79 Del. Laws, c. 332, §  1;  85 Del. Laws, c. 331, § 2; 

(a) The Fund shall be funded by means of a monthly surcharge of 60 cents per month until September 30, 2026. Beginning on October 1, 2026, the Fund shall be funded by means of a monthly surcharge of 90 cents per month, imposed by providers on subscribers of telecommunications services in this State as follows:

(1) Residential telephone service. —

The surcharge shall be imposed by each provider providing such service on all Delaware residential subscribers per residence exchange access line or per Basic Rate Interface ( “BRI” ) ISDN arrangement, where the residence exchange access service is provided via a BRI ISDN arrangement. The surcharge shall not be applied to residence exchange access lines provided to Lifeline subscribers.

(2) Business telephone service. —

The surcharge shall be imposed by each provider providing such service on all Delaware business subscribers per business exchange access line and trunk or per BRI ISDN arrangement where the business exchange access service is provided via a BRI ISDN arrangement. Each Centrex access line shall be charged the equivalent of ⅑ of the surcharge; provided, however, that where a Centrex customer has fewer than 9 lines, the maximum monthly charge for those lines will be the surcharge imposed on each business exchange access line or trunk divided by the customer’s Centrex lines. Each Primary Rate Interface ISDN system shall be charged a rate equal to 5 times the surcharge. The surcharge shall not be applied to lines provided under wholesale arrangements.

(3) Wireless service. —

The surcharge shall be imposed by each wireless provider on all wireless service customers for each wireless telephone number for which they are billed by such provider.

(4) Nontraditional communication services. —

The surcharge shall be imposed by each provider of nontraditional communications service on subscribers of such services where such provider is required to or opts to provide 911 service.

(b) The surcharge amounts shall be deposited into the Fund as described below, along with any other state funds the General Assembly may from time to time appropriate.

(c) The provider shall impose the surcharge on the person purchasing the service but shall collect it on behalf of the State. The surcharges collected by a provider shall not be subject to taxes or charges levied by the State or any political subdivision thereof, nor shall they be considered revenue of the provider for any purpose.

(d) Each provider imposing the surcharge shall state such surcharge as a clearly identifiable, separate item on all subscriber invoices rendered after January 1, 2002.

(e) The surcharge shall not apply to wholesale services.

(f) All surcharges imposed by subsection (a) of this section shall be collected by providers from subscribers to telecommunications service with each invoice for service and shall be paid by providers on a monthly basis to the Department of Finance no later than the 15th day of the month following its collection and shall be deposited into the fund on a monthly basis.

(g), (h) [Repealed.]

(i) Each provider collecting such surcharge is fulfilling a governmental function and in so doing is immune from suit for damages of any kind and is not liable for refunds except to the extent that the provider has failed to collect or remit surcharges to the Fund in accordance with the requirements of this chapter.

(j) The Fund is created as a nonappropriated special fund. Balances in the Fund on June 30 of each year shall carry forward and shall not revert to the General Fund.

69 Del. Laws, c. 256, §  2;  73 Del. Laws, c. 115, §  9;  74 Del. Laws, c. 137, §  2;  76 Del. Laws, c. 183, §  5;  79 Del. Laws, c. 332, §  1;  85 Del. Laws, c. 331, § 2; 

(a) Disbursements from the Fund shall be made for the following purposes:

(1) Nonrecurring costs, including costs for purchasing and installing the customer premises terminal equipment (“CPE”) required to establish or upgrade public safety answering points, purchasing 911 network equipment or upgrading equipment as required to ensure proper functioning of the 911 service and related software, developing wireless data bases, and initial training in the use of CPE equipment.

(2) Recurring costs, including costs for network access fees and other telephone charges, software, equipment, data base management, maintenance and improvement, public education, language translation services, ongoing training in the use of CPE equipment, and network and equipment maintenance.

(3) Expenses of the Board and the Department of Safety and Homeland Security incurred under this chapter for the purposes of administering the Fund and expenses incurred in connection with the Board’s responsibilities under Chapter 100 of this title.

(4) Expenses of the Board for its obligations under the contracts and agreements necessary or incidental to the performance of its powers and duties.

(b) A monthly disbursement from the Fund must be made to each PSAP. The Board may reduce, suspend, or terminate disbursements under this section if a PSAP does not comply with the requirements of this chapter or provide 911 service.

(1) Beginning on January 1, 2027, the total monthly disbursement to the PSAPs will be ¼ of the monthly surcharges deposited into the Fund by providers. The Board must establish a funding formula to determine each PSAP’s share of the monthly disbursement. The funding formula must be based on the following factors:

a. The number of billing addresses associated with any monthly surcharges collected during calendar year 2025 from any of the following services:

1. Residence exchange access lines.

2. Residential BRI ISDN arrangements.

3. Wireless phone numbers.

b. Any other information the Board considers relevant.

(2) The Board must recalculate and publish the funding formula to all PSAPs on January 1, 2032, and every 5 years thereafter. The funding formula must be based on the following factors:

a. The number of billing addresses associated with any monthly surcharges collected during calendar year 2030, and every 5 years thereafter, from any of the following services:

1. Residence exchange access lines.

2. Residential BRI ISDN arrangements.

3. Wireless phone numbers.

b. Any other information the Board considers relevant.

(3) If the total amount of money in the Fund is insufficient to pay the monthly disbursements to the PSAPs under this section at any given time, each PSAP shall receive a pro rata share of their monthly disbursement at that time. Any remaining unpaid monthly disbursement must be carried forward for payment as soon as sufficient funds become available.

(4) The Board may not distribute less than $2,500,000 per year in total disbursements to the PSAPs, provided that the total amount of money in the Fund is sufficient to pay the disbursements in subsection (a) of this section.

(c) The Board shall determine how revenue allocated to the Fund is used and is authorized to do any of the following:

(1) Make disbursements from the Fund as necessary to pay the Board’s expenses and obligations in carrying out its functions and duties.

(2) Carry forward revenues for the purpose of establishing or maintaining statewide 911 initiatives.

(3) Make disbursements to a PSAP above the monthly disbursement to meet eligible costs. In determining additional disbursements under this paragraph (c)(3), the Board may consider the population of the area served by the PSAP, the PSAP’s operations and compliance with the operating standards set by the Board, the level of service the PSAP delivers dispatching first responders, and any other information the Board considers relevant. A PSAP may request consideration of an eligible expense or statewide initiative in the form and manner prescribed by the Board.

(d) Disbursements may not be used for:

(1) Personnel costs for public safety answering points, except as set forth in subsection (b) and paragraph (c)(3) of this section.

(2) Construction, purchase, renovation, or furnishings for real estate to house public safety answering points, except as set forth in subsection (b) of this section.

(3) Vehicles, including ambulances, fire engines, or other emergency vehicles, associated equipment, and utilities, with the exception of 911 communications equipment within a mobile command vehicle.

(4) Two-way radios, with the exception of 2-way radios used directly by a PSAP.

(5) Any interface or connectivity costs or expenses for any PSAP, political subdivision, or local government within this State that opts out of using a good or service procured through any contract or agreement entered into by the Board.

(e) [Repealed.]

(f) Providers may request reimbursement on a monthly basis, and payments from the Fund to providers shall be made by the State Treasurer within 60 days of receipt of such request.

(g) The annual expenditures from the Fund shall not exceed the annual revenues deposited into it.

(h) Any PSAP receiving disbursements or other allocation by the Board from the Fund must:

(1) Deposit disbursements from the Fund into a separate, dedicated bank account established solely for the purpose of holding the funds. Under no circumstances shall these funds be commingled with any other accounts or moneys. PSAPs must ensure that all disbursements, transfers, and accounting related to these funds are separately tracked and documented to maintain full transparency and accountability.

(2) Use disbursements from the Fund to offset the costs incurred by the PSAP in connection with the administration, staffing, street addressing, necessary capital equipment, and training necessary to support the provision of 911 service and the operating standards of the Board.

(3) Not use disbursements from the Fund to purchase, contract for, or otherwise obtain services that compete with, duplicate, or are intended to substitute the services procured or approved by the Board or for any disallowable expense under subsection (c) of this section.

(4) Prepare and submit to the Board a detailed semiannual financial report on January 15 and July 15 of each year. This report must include a full accounting of all revenues received from the Fund during the reporting period, and all expenses incurred and paid from the Fund. The report must be in a form acceptable to the Board and supported by appropriate documentation sufficient to verify the accuracy of the information provided.

(i) (1) An audit of the Fund shall be completed by an independent auditor to be designated by the Board. An audit must be completed at least once every 3 years.

(2) The Board may audit PSAP financial records related to the use of funds provided under this chapter at any time and costs incurred must be verified annually as directed by the Board. Upon request, a PSAP must promptly provide a complete and accurate accounting of all revenues, expenditures, and supporting documentation for the administration of this section. Failure to submit the required accounting or to comply with an audit request may result in the reduction, suspension, or termination of disbursements under this chapter until such requirements are met to the Board’s satisfaction.

(j) All PSAPs within this State must migrate their 911 operations to the Board-managed vendors no later than December 31, 2027. The Board may reduce, suspend, or terminate disbursements or technical support to any PSAP that has not transitioned to the Board-managed vendors after the migration date.

73 Del. Laws, c. 115, §  9;  74 Del. Laws, c. 110, §  138;  74 Del. Laws, c. 137, §  3;  76 Del. Laws, c. 183, §§  6, 7, 8;  79 Del. Laws, c. 332, §  1;  80 Del. Laws, c. 372, §  1;  85 Del. Laws, c. 331, § 2; 

The Secretary and, to the extent the collection of surcharges under this chapter is delegated to or performed by the Director of Revenue, each is authorized to adopt such regulations as are necessary to carry out the purpose of this subchapter and subchapter II of this chapter.

73 Del. Laws, c. 115, §  9;  74 Del. Laws, c. 137, §  4;  79 Del. Laws, c. 332, §  1; 

In the event of a ransomware attack or other cybersecurity incident affecting the 911 system or related infrastructure, the affected entity must immediately implement its emergency cybersecurity response plan and notify the Board within 1 hour of discovery. The entity must take all reasonable steps to isolate affected systems, prevent further spread, and preserve system logs and evidence for forensic review. The affected entity may not engage with or make payment to the attacker without express written authorization from the Board and appropriate law-enforcement agencies. The entity must fully cooperate with this State’s cybersecurity team, law enforcement, and any designated third-party investigators during the incident response, recovery, and post-incident review. A written incident report detailing the nature of the attack, actions taken, and corrective measures must be submitted to the Board within 10 business days of system restoration. The Board may require additional reporting or security audits to ensure compliance with state cybersecurity standards.

85 Del. Laws, c. 331, § 2; 

79 Del. Laws, c. 332, §  1;