§ 62A-43. Service charge for 911 service.
§ 62A‑43. Servicecharge for 911 service.
(a) Charge Imposed. Amonthly 911 service charge is imposed on each active voice communicationsservice connection that is capable of accessing the 911 system. The servicecharge is seventy cents (70¢) or a lower amount set by the 911 Board undersubsection (d) of this section. The service charge is payable by the subscriberto the voice communications service provider. The provider may list the servicecharge separately from other charges on the bill. Partial payments made by asubscriber are applied first to the amount the subscriber owes the provider forthe voice communications service.
(b) Prepaid Wireless. A voice communications service provider of prepaid wireless telephone servicemust collect and remit to the 911 Board the monthly service charge imposed uponprepaid wireless telephone subscribers in the State under one of the followingmethods:
(1) Collecting theservice charge from each active prepaid wireless telephone service subscriberwhose account balance is equal to or greater than the amount of the servicecharge.
(2) Dividing theprovider's total earned prepaid wireless telephone service revenue received forthe month from each active prepaid wireless telephone service subscriber byfifty dollars ($50.00) and multiplying the quotient by the amount of theservice charge.
(c) Remittance to 911Board. A voice communications service provider must remit the service chargescollected by it under this section to the 911 Board. The provider must remit thecollected service charges by the end of the calendar month following the monththe provider received the charges from its subscribers. A provider may deductand retain from the service charges it receives from its subscribers and remitsto the 911 Board an administrative allowance equal to the greater of onepercent (1%) of the amount of service charges remitted or fifty dollars($50.00) a month.
(d) Adjustment ofCharge. The 911 Board must monitor the revenues generated by the servicecharge. If the 911 Board determines that the rate produces revenue in excess ofthe amount needed, the 911 Board must reduce the rate. The reduced rate mustensure full cost recovery for voice communications service providers and forprimary PSAPs over a reasonable period of time. A change in the amount of therate becomes effective only on July 1 of an even‑numbered year. The 911Board must notify providers of a change in the rate at least 90 days before thechange becomes effective.
(e) Collection. Avoice communications service provider has no obligation to take any legalaction to enforce the collection of the service charge billed to a subscriber.The 911 Board may initiate a collection action, and reasonable costs andattorneys' fees associated with that collection action may be assessed againstthe subscriber. At the request of the 911 Board, but no more than annually, avoice communications service provider must report to the 911 Board the amountof the provider's uncollected service charges. The 911 Board may request, tothe extent permitted by federal privacy laws, the name, address, and telephonenumber of a subscriber who refuses to pay the 911 service charge.
(f) Restriction. Alocal government may not impose a service charge or other fee on a subscriberto support the 911 system. (2007‑383, s. 1(a).)