Chapter 23-A - ENHANCED 911 TELEPHONE SURCHARGE

Section 11-2321

Section 11-2321

  § 11-2321 Short title. This chapter shall be known and may be cited as
the "enhanced 911 telephone surcharge act."

Section 11-2322

Section 11-2322

  §  11-2322  Definitions. When used in this chapter the following terms
shall mean:
  (a) "E911 system" means an enhanced emergency telephone service  which
automatically  connects  a  person  dialing  the  digits  9-1-1  to  the
answering point established within the New York city police  department,
and  which  shall  include,  but  not  be limited to, selective routing,
automatic number identification and automatic location identification.
  (b) "Lifeline" means a  discounted  or  low-priced  telephone  service
available to eligible low-income residential customers.
  (c)  "Access  line"  means  a  communications  circuit that connects a
customer location to a facility housing the switching system and related
equipment that provides telephone service.
  (d) "911 service area" means the area within the geographic boundaries
of the city of New York.
  (e) "Municipality" means any New  York  city  agency,  or  any  public
benefit corporation, local development corporation or other governmental
entity the majority of whose members or governing body is appointed by a
city official.
  (f)  "Public safety agency" means a public safety agency as defined in
subdivision five of section three hundred one of the county law.
  (g)  "Service  supplier"  means  a  service  supplier  as  defined  in
subdivision  seven  of  section three hundred one of the county law that
provides service within the 911 service area.
  (h) "System costs" means  the  costs  associated  with  obtaining  and
maintaining   the   telecommunication   equipment,  all  operations  and
maintenance  costs  and  the  telephone  services  costs  necessary   to
establish and provide an E9ll system.
  (i)  "Voice  over  internet  protocol service" or "VOIP service" shall
mean  any  service   that   (i)   enables   real-time,   two-way   voice
communications;  (ii)  requires  a  broadband connection from the user's
location; (iii) requires internet protocol compatible customer  premises
equipment  (CPE); and (iv) permits users generally to receive calls that
originate on the public switched  telephone  network  and  to  terminate
calls to the public switched telephone network.

Section 11-2323

Section 11-2323

  §   11-2323  Establishment  of  surcharge  for  E911  system.  (a)  In
accordance with the provisions of article six  of  the  county  law,  as
amended,  there  is  hereby  established  a  surcharge of one dollar per
telephone access line, or equivalent, per  month  on  the  customers  of
every service supplier within the city of New York.
  (b)  The surcharge imposed by subdivision (a) of this section shall be
used to pay for the  costs  associated  with  obtaining,  operating  and
maintaining  the  telecommunication  equipment  and  telephone  services
needed to provide an enhanced 911 emergency telephone  system  to  serve
the city of New York.
  (c) All service suppliers that provide local access service within the
911  service area in the city of New York shall begin to add the monthly
surcharge of one dollar per telephone access line per month as  provided
in  subdivision  (a)  of this section to all service bills no later than
the forty-fifth day after the effective  date  of  the  local  law  that
increased  such  surcharge  to  one dollar per telephone access line per
month. Notwithstanding the foregoing sentence, all  providers  of  voice
over  internet protocol service that provide such service within the 911
service area shall begin to add the monthly surcharge of one dollar  per
telephone   access  line,  or  equivalent,  per  month  as  provided  in
subdivision (a) of this section to all service bills no later  than  the
forty-fifth  day  after  the  effective date of the local law that added
this sentence.

Section 11-2324

Section 11-2324

  §  11-2324  Application;  limitations;  exemptions.  (a) The surcharge
established pursuant to the  provisions  of  section  11-2323  shall  be
imposed  on  a  per  access line basis on all current bills rendered for
local exchange access service within the 911 service area.
  (b) No such surcharge shall be imposed upon:
  (1) more than seventy-five exchange  access  lines  per  customer  per
location;
  (2) any lifeline customers of a local telephone service supplier;
  (3) a public safety agency; or
  (4) any municipality, as defined in subdivision (e) of section 11-2322
of this chapter.

Section 11-2325

Section 11-2325

  §  11-2325  Collection  of  surcharge.  (a)  The  appropriate  service
supplier or suppliers serving the New York city 911 service  area  shall
act  as  collection  agents  for  the  city  and  shall  remit the funds
collected as the surcharge to the commissioner of  finance  each  month.
Such  funds  shall  be remitted no later than thirty days after the last
business day of such period.
  (b)  The  service  supplier  shall  be  entitled  to  retain   as   an
administrative fee an amount equal to two per cent of its collections of
the surcharge.
  (c)  The  surcharge  required  to be collected by the service supplier
shall be added to and stated separately in its billings to the customer.
  (d) The service supplier shall annually provide to the commissioner of
finance an accounting of the surcharge amounts billed and collected.

Section 11-2326

Section 11-2326

  § 11-2326 Liability for surcharge.  (a) Each service supplier customer
who  is subject to the provisions of this chapter shall be liable to the
city for the surcharge until it has been paid to the city,  except  that
payment to a service supplier is sufficient to relieve the customer from
further liability for such surcharge.
  (b)  The  service  supplier shall have no obligation to take any legal
action to enforce the collection of any surcharge. However, whenever the
service supplier remits the funds collected  as  the  surcharge  to  the
city,  it  shall  also provide the city with the name and address of any
customer refusing or failing  to  pay  the  surcharge  imposed  by  this
chapter and shall state the amount of such surcharge remaining unpaid.

Section 11-2327

Section 11-2327

  §  11-2327 System revenues; adjustment of surcharge. (a) All surcharge
monies remitted to the commissioner of finance by a service supplier and
all other monies dedicated to the payment of system costs from  whatever
source  derived  or  received  by the city of New York shall be expended
only upon authorization of the council, and only for payment  of  system
costs  as  permitted  by  this chapter. The finance commissioner and the
director of the office of management and budget shall separately account
for and keep adequate records of the  amount  and  source  of  all  such
revenues  and  of  the  amount and object or purpose of all expenditures
thereof.
  (b) If at the end of any fiscal year the  total  amount  of  all  such
revenues  exceeds  the  amount  necessary for payment of system costs in
such fiscal year, such excess shall be reserved and carried over for the
payment of system costs in the following fiscal year in conformance with
applicable law. However, if at the end of  any  fiscal  year  such  E911
reserved  fund  balance exceeds an amount equal to five per cent of that
necessary for the payment of system  costs  in  such  fiscal  year,  the
council shall by local law reduce the surcharge for the following fiscal
year   to  a  level  that  more  adequately  reflects  the  system  cost
requirements of its E911 system. The council  may  also  reestablish  or
increase  such  surcharge,  subject  to  the provisions of section three
hundred three of the county law,  if  the  revenues  generated  by  such
surcharge  and  by  any  other source are not adequate to pay for system
costs.