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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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.