Section 11-2341
§ 11-2341 Short title. This chapter shall be known and may be cited as
the "wireless communications service surcharge act."
Section 11-2342
§ 11-2342 Definitions. (a) "Wireless communications device" means any
equipment used to access a wireless communications service.
(b) "Wireless communications service" means all commercial mobile
services, as that term is defined in section 332(d) of title 47, United
States Code, as amended from time to time, including, but not limited
to, all broadband personal communications services, wireless radio
telephone services, geographic area specialized and enhanced specialized
mobile radio services, and incumbent-wide area specialized mobile radio
licensees, which offer real time, two-way voice or data service that is
interconnected with the public switched telephone network or otherwise
provides access to emergency communications services.
(c) "Wireless communications service supplier" means any commercial
entity that operates a wireless communications service.
(d) "Place of primary use" means the street address that is
representative of where the customer's use of the wireless
communications service primarily occurs, which address must be either
the residential street address or the primary business street address of
the customer; and within the licensed service area of the wireless
communications service provider.
Section 11-2343
§ 11-2343 Establishment of surcharge for wireless communications
devices. (a) In accordance with the provisions of article six of the
county law, as amended, there is hereby established a surcharge of
thirty cents per month on wireless communications service in the city of
New York. The surcharge shall be imposed on each wireless communications
device and shall be reflected and made payable on bills rendered for
wireless communications service that is provided to a customer whose
place of primary use is 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 the design, construction,
operation, maintenance, and administration of public safety
communications networks serving the city of New York.
(c) All wireless communications service suppliers that provide service
to customers whose place of primary use is within the city of New York
shall begin to add the monthly surcharge 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 chapter.
Section 11-2344
§ 11-2344 Collection of surcharge. (a) Each wireless communications
service supplier serving the city of New York shall act as collection
agent for the city of New York and shall remit the funds collected
pursuant to the surcharge imposed under the provisions of this chapter
to the commissioner of finance each month. Such funds shall be remitted
no later than thirty days after the last business day of the month.
(b) Each wireless communications 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 wireless
communications service supplier shall be added to and stated separately
in its billings to customers.
(d) Each wireless communications service supplier shall annually
provide to the city of New York an accounting of the surcharge amounts
billed and collected.
Section 11-2345
§ 11-2345 Liability for surcharge. (a) Each wireless communications
service customer who is subject to the provisions of this chapter shall
be liable to the city of New York for the surcharge until it has been
paid to the city except that payment to a wireless communications
service supplier is sufficient to relieve the customer from further
liability for such surcharge.
(b) No wireless communications service supplier shall have a legal
obligation to enforce the collection of any surcharge imposed under the
provisions of this chapter, provided, however, that whenever the
wireless communications service supplier remits the funds collected to
the city of New York, it shall also provide the city with the name and
address of any customer refusing or failing to pay the surcharge and
shall state the amount of such surcharge remaining unpaid.
Section 11-2346
§ 11-2346 Systems revenues; adjustment of surcharge. (a) All surcharge
monies remitted to the city of New York by a wireless communications
service supplier shall be expended only upon authorization of the
council and only for payment of system costs or other costs associated
with the design, construction, operation, maintenance, and
administration of public safety communications networks serving the city
of New York. The finance commissioner and the director of the office of
management and budget shall separately account for and keep adequate
books and records of the amount and source of all such monies 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
monies exceeds the amount necessary for payment of the above mentioned
costs in such fiscal year, such excess shall be reserved and carried
over for the payment of those costs in the following fiscal year.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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