§ 39-21.1-14 - Funding.
SECTION 39-21.1-14
§ 39-21.1-14 Funding. – (a) A monthly surcharge of one dollar ($1.00) is hereby levied upon eachresidence and business telephone line or trunk or path and data, telephony,Internet, Voice Over Internet Protocol (VoIP) wireline, line, trunk or path inthe state including PBX trunks and centrex equivalent trunks and each line ortrunk serving, and upon each user interface number or extension number orsimilarly identifiable line, trunk, or path to or from a digital network (suchas, but not exclusive of, integrated services digital network (ISDN), Flexpathor comparable digital private branch exchange, or connecting to or from acustomer-based or dedicated telephone switch site (such as, but not exclusiveof, a private branch exchange (PBX)), or connecting to or from a customer-basedor dedicated central office (such as, but not exclusive of, a centrex systembut exclusive of trunks and lines provided to wireless communication companies)that can access to, connect with or interface with the Rhode Island E-911Uniform Emergency Telephone System (RI E-911). The surcharge shall be billed byeach telecommunication services provider at the inception of services and shallbe payable to the telecommunication services provider by the subscriber of theservices. A monthly surcharge of one dollar ($1.00) is hereby levied effectiveJuly 1, 2002, on each wireless instrument, device or means including prepaid,cellular, telephony, Internet, Voice Over Internet Protocol (VoIP), satellite,computer, radio, communication, data or data only wireless lines or any otherwireless instrument, device or means which has access to, connects with, oractivates or interfaces or any combination thereof with the E 9-1-1 UniformEmergency Telephone System. The surcharge shall be in addition to the surchargecollected under § 39-1-62 and shall be billed by each telecommunicationservices provider and shall be payable to the telecommunication servicesprovider by the subscriber or prepaid services customer. The E-911 UniformEmergency Telephone System shall establish, by rule or regulation anappropriate funding mechanism to recover from the general body of ratepayersthis surcharge.
(b) The amount of the surcharge shall not be subject to thetax imposed under chapter 18 of title 44 nor be included within the telephonecommon carrier's gross earnings for the purpose of computing the tax underchapter 13 of title 44.
(c) Each telephone common carrier and each telecommunicationservices provider shall establish a special account to which it shall depositon a monthly basis the amounts collected as a surcharge under this section.
(d) The money collected by each telecommunication servicesprovider shall be transferred within sixty (60) days after its inception ofwireline, wireless, prepaid, cellular, telephony, Voice Over Internet Protocol(VoIP), satellite, computer, Internet, or communications services in this stateand every month thereafter, to the division of taxation, together with theaccrued interest and shall be deposited in the general fund as general revenue.Any money not transferred in accordance with this paragraph shall be assessedinterest at the rate set forth in § 44-1-7 from the date the money shouldhave been transferred.
(e) Every billed subscriber-user shall be liable for anysurcharge imposed under this section until it has been paid to the telephonecommon carrier or telecommunication services provider. Any surcharge shall beadded to and may be stated separately in the billing by the telephone commoncarrier or telecommunication services provider and shall be collected by thetelephone common carrier or telecommunication services provider.
(f) Each telephone common carrier and telecommunicationservices provider shall annually provide the E 9-1-1 uniform emergencytelephone system division or any other agency that may replace it, with a listof amounts uncollected together with the names and addresses of itssubscriber-users who can be determined by the telephone common carrier ortelecommunication services provider to have not paid the surcharge.
(g) Included within, but not limited to, the purposes forwhich the money collected may be used are rent, lease, purchase, improve,construct, maintenance, repair, and utilities for the equipment and site orsites occupied by the E 9-1-1 uniform emergency telephone system; salaries,benefits, and other associated personnel costs; acquisition, upgrade ormodification of PSAP equipment to be capable of receiving E 9-1-1 information,including necessary computer hardware, software, and data base provisioning,addressing, and non-recurring costs of establishing emergency services; networkdevelopment, operation and maintenance; data-base development, operation, andmaintenance; on-premise equipment maintenance and operation; training emergencyservice personnel regarding use of E 9-1-1; educating consumers regarding theoperations, limitations, role and responsible use of E 9-1-1; reimbursement totelephone common carriers or telecommunication services providers of rates orrecurring costs associated with any services, operation, administration ormaintenance of E 9-1-1 services as approved by the division; reimbursement totelecommunication services providers or telephone common carriers of othercosts associated with providing E 9-1-1 services, including the cost of thedesign, development, and implementation of equipment or software necessary toprovide E 9-1-1 service information to PSAP's, as approved by the division.
(h) [Deleted by P.L. 2000, ch. 55, art. 28, §1.]
(i) Nothing in this section shall be construed to constituterate regulation of wireless communication services carriers, nor shall thissection be construed to prohibit wireless communication services carriers fromcharging subscribers for any wireless service or feature.
(j) [Deleted by P.L. 2006, ch. 246, art. 4, §1].