Title 46, Chapter 5, Section 134
( 46-5-134)
(a)(1) The subscriber of an exchange access facility may be billed
for the monthly "911" charge, if any, imposed with respect to that
facility by the service supplier. Such "911" charge may not
exceed $1.50 per month per exchange access facility provided to
the telephone subscriber. All exchange access facilities billed
to federal, state, or local governments shall be exempt from the
"911" charge. Each service supplier shall, on behalf of the local
government, collect the "911" charge from those telephone
subscribers to whom it provides exchange telephone service in the
area served by the emergency "911" system. As part of its normal
billing process, the service supplier shall collect the "911"
charge for each month an exchange access facility is in service,
and it shall list the "911" charge as a separate entry on each
bill. If a service supplier receives a partial payment for a bill
from a telephone subscriber, the service supplier shall apply the
payment against the amount the telephone subscriber owes the
service supplier first. (2)(A) If the governing authority of a local government operates
or contracts for the operation of an emergency "911" system
which is capable of providing or provides automatic number
identification of a wireless telecommunications connection and
the location of the base station or cell site which receives a
"911" call from a wireless telecommunications connection, the
subscriber of a wireless telecommunications connection whose
billing address is within the geographic area that is served by
the local government or that would be served by the local
government for the purpose of such an emergency "911" system may
be billed for the monthly wireless enhanced "911" charge, if
any, imposed with respect to that connection by the wireless
service supplier. Such wireless enhanced "911" charge may not
exceed the amount of the monthly "911" charge imposed upon
subscribers of exchange access facilities pursuant to paragraph
(1) of this subsection and, in no event, shall such wireless
enhanced "911" charge exceed $1.00 per month per wireless
telecommunications connection provided to the telephone
subscriber. (B) On and after October 1, 2001, if the governing authority of
a local government operates or contracts for the operation of an
emergency "911" system which is capable of providing or provides
automatic number identification and automatic location
identification of a wireless telecommunications connection, the
subscriber of a wireless telecommunications connection whose
billing address is within the geographic area that is served by
the local government or that would be served by the local
government for the purpose of such an emergency "911" system may
be billed for the monthly wireless enhanced "911" charge, if
any, imposed with respect to that connection by the wireless
service supplier. Such wireless enhanced "911" charge may not
exceed the amount of the monthly "911" charge imposed upon
subscribers of exchange access facilities pursuant to paragraph
(1) of this subsection and shall be imposed on a monthly basis
for each wireless telecommunications connection provided to the
telephone subscriber. (C) All wireless telecommunications connections billed to
federal, state, or local governments shall be exempt from the
wireless enhanced "911" charge. Each wireless service supplier
shall, on behalf of the local government, collect the wireless
enhanced "911" charge from those telephone subscribers whose
billing address is within the geographic area that is served by
the local government or that would be served by the local
government for the purpose of such an emergency "911" system.
As part of its normal billing process, the wireless service
supplier shall collect the wireless enhanced "911" charge for
each month a wireless telecommunications connection is in
service, and it shall list the wireless enhanced "911" charge as
a separate entry on each bill. If a wireless service supplier
receives partial payment for a bill from a telephone subscriber,
the wireless service supplier shall apply the payment against
the amount the telephone subscriber owes the wireless service
supplier first. (b) Every telephone subscriber in the area served by the emergency
"911" system shall be liable for the "911" and the wireless enhanced
"911" charges imposed under this Code section until it has been paid
to the service supplier. A service supplier shall have no
obligation to take any legal action to enforce the collection of the
"911" or wireless enhanced "911" charge. The service supplier shall
provide the governing authority within 60 days with the name and
address of each subscriber who has refused to pay the "911" or
wireless enhanced "911" charge after such "911" or wireless enhanced
"911" charge has become due. A collection action may be initiated
by the local government that imposed the charges, and reasonable
costs and attorneys' fees associated with that collection action may
be awarded to the local government collecting the "911" or wireless
enhanced "911" charge. (c) The local government contracting for the operation of an
emergency "911" system shall remain ultimately responsible to the
service supplier for all emergency "911" system installation,
service, equipment, operation, and maintenance charges owed to the
service supplier. Any taxes due on emergency "911" system service
provided by the service supplier will be billed to the local
government subscribing to the service. State and local taxes do not
apply to the "911" or wireless enhanced "911" charge billed to
telephone subscribers under this Code section. (d)(1) Each service supplier that collects "911" or wireless
enhanced "911" charges on behalf of the local government is
entitled to retain as an administrative fee an amount equal to 3
percent of the gross "911" or wireless enhanced "911" charge
receipts to be remitted to the local government. The remaining
amount shall be due quarterly to the local government and shall be
remitted to it no later than 60 days after the close of a calendar
quarter. The "911" and the wireless enhanced "911" charges
collected by the service supplier shall be deposited and accounted
for in a separate restricted revenue fund known as the Emergency
Telephone System Fund maintained by the local government. The
local government may invest the money in the fund in the same
manner that other moneys of the local government may be invested
and any income earned from such investment shall be deposited into
the Emergency Telephone System Fund. (2)(A) Before July 1, 2002, 30¢ of the monthly wireless enhanced
"911" charge imposed pursuant to subparagraph (a)(2)(A) of this
Code section shall be deposited in a separate restricted reserve
account of the Emergency Telephone System Fund, which shall be
designated as the Wireless Phase I Reserve Account. Money from
the Wireless Phase I Reserve Account shall be used only to pay
the nonrecurring and recurring installation, maintenance,
service, and network charges of a wireless service supplier
which are associated with providing automatic number
identification of a wireless telecommunications connection and
the location of the base station or cell site which receives a
"911" call from a wireless telecommunications connection;
provided, however, that if the local government has not, by July
1, 2002, begun operation or contracted for the operation of an
emergency "911" system which is capable of providing or provides
automatic location identification of a wireless
telecommunications connection, the funds in the Wireless Phase I
Reserve Account on July 1, 2002, shall be transferred into an
appropriate unrestricted account or accounts of the Emergency
Telephone System Fund and may be used for any purpose authorized
under subsection (e) of this Code section. No wireless enhanced
"911" charge may be imposed pursuant to subparagraph (a)(2)(B)
of this Code section for a period of 24 months following the
transfer of funds from the Wireless Phase I Reserve Account
pursuant to this subparagraph. On and after July 1, 2002, 15¢
of the monthly wireless enhanced "911" charge imposed pursuant
to subparagraph (a)(2)(A) of this Code section shall be
deposited in the Wireless Phase I Reserve Account. (B) Thirty cents of the monthly wireless enhanced "911" charge
imposed pursuant to subparagraph (a)(2)(B) of this Code section
shall be deposited in a separate restricted reserve account of
the Emergency Telephone System Fund, which shall be designated
as the Wireless Phase II Reserve Account. Money from the
Wireless Phase II Reserve Account shall be used only to pay the
nonrecurring and recurring installation, maintenance, service,
and network charges of a wireless service supplier which are
associated with providing automatic number identification and
automatic location identification of a wireless
telecommunications connection. Any funds which are in the
Wireless Phase I Reserve Account at the time when the wireless
enhanced "911" charge is first imposed pursuant to subparagraph
(a)(2)(B) of this Code section shall be transferred to the
Wireless Phase II Reserve Account. (3) The governing authority of a local government operating or
contracting for the operation of an emergency "911" system shall,
by resolution, reaffirm the necessity for the "911" and the
wireless enhanced "911" charges beginning with the thirteenth
month following the month in which emergency "911" system service
is first provided in the political subdivision and during such
month annually thereafter. (4) Such monthly "911" and wireless enhanced "911" charges may be
reduced at any time by the governing authority by resolution;
provided, however, that the said governing authority shall be
required to reduce such monthly "911" or wireless enhanced "911"
charge at any time the projected revenues from "911" or wireless
enhanced "911" charges will cause the unexpended revenues in the
Emergency Telephone System Fund at the end of the fiscal year to
exceed by one and one-half times the unexpended revenues in such
fund at the end of the immediately preceding fiscal year or at any
time the unexpended revenues in such fund at the end of the fiscal
year exceed by one and one-half times the unexpended revenues in
such fund at the end of the immediately preceding fiscal year.
Such reduction in the "911" or wireless enhanced "911" charge
shall be in an amount which will avert the accumulation of
revenues in such fund at the end of the fiscal year which will
exceed by one and one-half times the amount of revenues in the
fund at the end of the immediately preceding fiscal year. Funds
in the Wireless Phase I Reserve Account and the Wireless Phase II
Account shall not be considered in making the calculations
described in this paragraph. (e) Money from the Emergency Telephone System Fund shall be used
only to pay for: (1) The lease, purchase, or maintenance of emergency telephone
equipment, including necessary computer hardware, software, and
data base provisioning; addressing; and nonrecurring costs of
establishing a "911" system; (2) The rates associated with the service supplier's "911" service
and other service supplier's recurring charges; (3) The actual cost of salaries, including benefits, of employees
hired by the local government solely for the operation and
maintenance of the emergency "911" system and the actual cost of
training such of those employees who work as dispatchers; (4) Office supplies of the public safety answering points used
directly in providing emergency "911" system services; (5) The cost of leasing or purchasing a building used as a public
safety answering point. Moneys from the fund cannot be used for
the construction or lease of an emergency "911" system building
until the local government has completed its street addressing
plan; (6) The lease, purchase, or maintenance of computer hardware and
software used at a public safety answering point, including
computer-assisted dispatch systems; (7) Supplies directly related to providing emergency "911" system
services, including the cost of printing emergency "911" public
education materials; and (8) The lease, purchase, or maintenance of logging recorders used
at a public safety answering point to record telephone and radio
traffic. (f) The local government may contract with a service supplier for
any term negotiated by the service supplier and the local government
for an emergency "911" system and may make payments from the
Emergency Telephone System Fund to provide any payments required by
the contract. (g) The service supplier shall maintain records of the amount of the
"911" and wireless enhanced "911" charges collected for a period of
at least three years from the date of collection. The local
government may, at its expense, require an annual audit of the
service supplier's books and records with respect to the collection
and remittance of the "911" and wireless enhanced "911" charges.
(h) In order to provide additional funding for the local government
for emergency "911" system purposes, the local government may
receive federal, state, municipal, or private funds which shall be
expended for the purposes of this part. (i) Subject to the provisions of Code Section 46-5-133, a telephone subscriber may be billed for the monthly "911" or wireless enhanced "911" charge for up to 18 months in advance of the date on which the "911" service becomes fully operational. (j) In the event the local government is a federal military base
providing emergency services to local exchange telephone subscribers
residing on the base, a local exchange telephone service supplier is
authorized to apply the "911" charges collected to the bill for
"911" service rather than remit the funds to an Emergency Telephone
System Fund. |