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

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

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

(2)  Prepaid connections.

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

(d)  A wireless provider that:

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

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

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

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

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

(g)  The surcharges collected by the wirelessprovider 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 thischapter shall be liable to the State for the surcharge until it has been paidto the wireless provider.  Wireless providers shall have no liability to remitsurcharges that have not been paid by customers.  A wireless provider orreseller shall have no obligation to take any legal action to enforce thecollection of the surcharge for which any customer is billed.  However, theboard may initiate a collection action against the customer.  If the boardprevails in such a collection action, reasonable attorney's fees and costsshall be awarded.

(i)  At any time the members deem it necessaryand appropriate, the board may meet to make recommendations to the legislatureas 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 recommendationsshall be based on the latest available information concerning costs associatedwith providing wireless enhanced 911 service in accordance with the FederalCommunications Commission order. [L 2004, c 159, pt of §2]