[§138-4]  Surcharge.  (a)  A monthly
wireless enhanced 911 surcharge, subject to this chapter, shall be imposed upon
each commercial mobile radio service connection.



(b)  The effective date of the surcharge shall
be July 1, 2004.  The rate of the surcharge shall be set at 66 cents per
month for each commercial mobile radio service connection.  The surcharge shall
have uniform application and shall be imposed on each commercial mobile radio
service connection operating within the State except:



(1)  Connections billed to federal, state, and county
government entities; and



(2)  Prepaid connections.



(c)  All wireless providers and resellers shall
bill to and collect from each of their customers a monthly surcharge at the
rate established for each commercial mobile radio service connection.  The
wireless provider or reseller may list the surcharge as a separate line item on
each bill.  If a wireless provider or reseller receives a partial payment for a
monthly bill from a commercial mobile radio service customer, the wireless
provider or reseller shall apply the payment against the amount the customer
owes the wireless provider or reseller, before applying the partial payment
against the surcharge.



(d)  A wireless provider that:



(1)  Is collecting the surcharge and remitting
appropriate portions of the surcharge to the fund pursuant to this chapter; and



(2)  Has been requested by a public safety answering
point to provide phase I or phase II wireless enhanced 911 service in a
particular county or counties,



may recover wireless enhanced 911 commercial mobile
radio service costs as provided in this chapter.



(e)  Each wireless provider or reseller may
retain two per cent of the amount of surcharges collected to offset
administrative expenses associated with billing and collecting the surcharge.



(f)  A wireless provider or reseller shall
remit to the wireless enhanced 911 fund, within sixty days after the end of the
calendar month in which the surcharge is collected, an amount that represents
the surcharges collected less amounts retained for administrative expenses
incurred by the wireless provider or reseller, as provided in subsection (e).



(g)  The surcharges collected by the wireless
provider or reseller pursuant to this section shall not be subject to any tax, fee,
or assessment, nor are they considered revenue of the provider or reseller.



(h)  Each customer who is subject to this
chapter shall be liable to the State for the surcharge until it has been paid
to the wireless provider.  Wireless providers shall have no liability to remit
surcharges that have not been paid by customers.  A wireless provider or
reseller shall have no obligation to take any legal action to enforce the
collection of the surcharge for which any customer is billed.  However, the
board may initiate a collection action against the customer.  If the board
prevails in such a collection action, reasonable attorney's fees and costs
shall be awarded.



(i)  At any time the members deem it necessary
and appropriate, the board may meet to make recommendations to the legislature
as to whether the surcharge and fund should be discontinued, continued as is,
or amended.



(j)  When considering whether to discontinue,
continue as is, or amend the fund or surcharge, the board's recommendations
shall be based on the latest available information concerning costs associated
with providing wireless enhanced 911 service in accordance with the Federal
Communications Commission order. [L 2004, c 159, pt of §2]