Bill Text: MI HB5468 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Communications; telecommunications; collection of 9-1-1 surcharge on prepaid wireless communication devices; modify. Amends secs. 102, 401a, 401b, 401c, 401d & 717 of 1986 PA 32 (MCL 484.1102 et seq.).
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2012-07-18 - Assigned Pa 260'12 With Immediate Effect [HB5468 Detail]
Download: Michigan-2011-HB5468-Engrossed.html
HB-5468, As Passed Senate, June 13, 2012
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5468
A bill to amend 1986 PA 32, entitled
"Emergency 9-1-1 service enabling act,"
by amending sections 102, 401a, 401b, 401c, 401d, and 717 (MCL
484.1102, 484.1401a, 484.1401b, 484.1401c, 484.1401d, and
484.1717), section 102 as amended and sections 401c and 401d as
added by 2007 PA 164 and sections 401a, 401b, and 717 as amended by
2008 PA 379.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 102. As used in this act:
(a) "Automatic location identification" or "ALI" means a 9-1-1
service feature provided by the service supplier that automatically
provides the name and service address or, for a CMRS service
supplier, the location associated with the calling party's
telephone number as identified by automatic number identification
to a 9-1-1 public safety answering point.
(b) "Automatic number identification" or "ANI" means a 9-1-1
service feature provided by the service supplier that automatically
provides the calling party's telephone number to a 9-1-1 public
safety answering point.
(c) "Commercial mobile radio service" or "CMRS" means
commercial mobile radio service regulated under section 3 of title
I and section 332 of title III of the communications act of 1934,
chapter 652, 48 Stat. 1064, 47 USC 153 and 332, and the rules of
the federal communications commission or provided under the
wireless emergency service order. Commercial mobile radio service
or CMRS includes all of the following:
(i) A wireless 2-way communication device, including a radio
telephone used in cellular telephone service or personal
communication service.
(ii) A functional equivalent of a radio telephone
communications line used in cellular telephone service or personal
communication service.
(iii) A network radio access line.
(d) "Commission" means the Michigan public service commission.
(e) "Committee" means the emergency 9-1-1 service committee
created under section 712.
(f) "Common network costs" means the costs associated with the
common network required to deliver a 9-1-1 call with ALI and ANI
from a selective router to the proper PSAP and the costs associated
with the 9-1-1 database and data distribution system of the primary
9-1-1 service supplier identified in a county 9-1-1 plan. As used
in this subdivision, "common network" means the elements of a
service supplier's network that are not exclusive to the supplier
or technology capable of accessing the 9-1-1 system.
(g) "Communication service" means a service capable of
accessing, connecting with, or interfacing with a 9-1-1 system,
exclusively through the numerals 9-1-1, by dialing, initializing,
or otherwise activating the 9-1-1 system through the numerals 9-1-1
by means of a local telephone device, cellular telephone device,
wireless communication device, interconnected voice over the
internet device, or any other means.
(h) "CMRS connection" means each number assigned to a CMRS
customer.
(i) "Consolidated dispatch" means a countywide or regional
emergency dispatch service that provides dispatch service for 75%
or more of the law enforcement, fire fighting, emergency medical
service, and other emergency service agencies within the
geographical area of a 9-1-1 service district or serves 75% or more
of the population within a 9-1-1 service district.
(j) "County 9-1-1 charge" means the charge allowed under
sections
401b , 401c, and 401e.
(k) "Database service provider" means a service supplier who
maintains and supplies or contracts to maintain and supply an ALI
database or an MSAG.
(l) "Direct dispatch method" means that the agency receiving
the 9-1-1 call at the public safety answering point decides on the
proper action to be taken and dispatches the appropriate available
public safety service unit located closest to the request for
public safety service.
(m) "Emergency response service" or "ERS" means a public or
private agency that responds to events or situations that are
dangerous or that are considered by a member of the public to
threaten the public safety. An emergency response service includes
a police or fire department, an ambulance service, or any other
public or private entity trained and able to alleviate a dangerous
or threatening situation.
(n) "Emergency service zone" or "ESZ" means the designation
assigned by a county to each street name and address range that
identifies which emergency response service is responsible for
responding to an exchange access facility's premises.
(o) "Emergency telephone charge" means the emergency telephone
operational charge and emergency telephone technical charge allowed
under section 401.
(p) "Emergency 9-1-1 district" or "9-1-1 service district"
means the area in which 9-1-1 service is provided or is planned to
be provided to service users under a 9-1-1 system implemented under
this act.
(q) "Emergency 9-1-1 district board" means the governing body
created by the board of commissioners of the county or counties
with authority over an emergency 9-1-1 district.
(r) "Emergency telephone operational charge" means a charge
allowed under section 401 for nonnetwork technical equipment and
other costs directly related to the dispatch facility and the
operation of 1 or more PSAPs including, but not limited to, the
costs of dispatch personnel and radio equipment necessary to
provide 2-way communication between PSAPs and a public safety
agency. Emergency telephone operational charge does not include
non-PSAP related costs such as response vehicles and other
personnel.
(s) "Emergency telephone technical charge" means a charge as
allowed under section 401 or 401d for costs directly related to 9-
1-1 service including plant-related costs associated with the use
of the public switched telephone network from the end user to the
selective router, the network start-up costs, customer notification
costs, common network costs, administrative costs, database
management costs, and network nonrecurring and recurring
installation, maintenance, service, and equipment charges of a
service supplier providing 9-1-1 service under this act. Emergency
telephone technical charge does not include costs recovered under
sections
401b(9) 401b(10) and 408(2).
(t) "Exchange access facility" means the access from a
particular service user's premises to the communication service.
Exchange access facilities include service supplier provided access
lines, PBX trunks, and centrex line trunk equivalents, all as
defined by tariffs of the service suppliers as approved by the
public service commission. Exchange access facilities do not
include telephone pay station lines or WATS, FX, or incoming only
lines.
(u) "Final 9-1-1 service plan" means a tentative 9-1-1 service
plan that has been modified only to reflect necessary changes
resulting
from any exclusions of public agencies from the 9-1-1
service
district of the tentative 9-1-1 service plan under section
306
and any failure of public safety
agencies to be designated as
PSAPs or secondary PSAPs under section 307.
(v) "Master street address guide" or "MSAG" means a perpetual
database that contains information continuously provided by a
service district that defines the geographic area of the service
district and includes an alphabetical list of street names, the
range of address numbers on each street, the names of each
community in the service district, the emergency service zone of
each service user, and the primary service answering point
identification codes.
(w) "Obligations" means bonds, notes, installment purchase
contracts, or lease purchase agreements to be issued by a public
agency under a law of this state.
(x) "Person" means an individual, corporation, partnership,
association, governmental entity, or any other legal entity.
(y) "Prepaid wireless telecommunications service" means a
commercial mobile radio service that allows a caller to dial 9-1-1
to access the 9-1-1 system and is paid for in advance and sold in
predetermined units or dollars of which the number declines with
use in a known amount.
(z)
(y) "Primary public safety answering point",
"PSAP", or
"primary PSAP" means a communications facility operated or answered
on a 24-hour basis assigned responsibility by a public agency or
county to receive 9-1-1 calls and to dispatch public safety
response services, as appropriate, by the direct dispatch method,
relay method, or transfer method. It is the first point of
reception by a public safety agency of a 9-1-1 call and serves the
jurisdictions in which it is located and other participating
jurisdictions, if any.
(aa) (z)
"Prime rate" means the
average predominant prime rate
quoted by not less than 3 commercial financial institutions as
determined by the department of treasury.
(bb) (aa)
"Private safety entity"
means a nongovernmental
organization that provides emergency fire, ambulance, or medical
services.
(cc) (bb)
"Public agency" means a
village, township, charter
township, or city within the state and any special purpose district
located in whole or in part within the state.
(dd) (cc)
"Public safety agency"
means a functional division
of a public agency, county, or the state that provides fire
fighting, law enforcement, ambulance, medical, or other emergency
services.
(ee) (dd)
"Qualified obligations"
means obligations that meet
1 or more of the following:
(i) The proceeds of the obligations benefit the 9-1-1 district,
and for which all of the following conditions are met:
(A) The proceeds of the obligations are used for capital
expenditures, costs of a reserve fund securing the obligations, and
costs of issuing the obligations. The proceeds of obligations shall
not be used for operational expenses.
(B) The weighted average maturity of the obligations does not
exceed the useful life of the capital assets.
(C) The obligations shall not in whole or in part appreciate
in principal amount or be sold at a discount of more than 10%.
(ii) The obligations are issued to refund obligations that meet
the conditions described in subparagraph (i) and the net present
value of the principal and interest to be paid on the refunding
obligations, excluding the cost of issuance, will be less than the
net present value of the principal and interest to be paid on the
obligations being refunded, as calculated using a method approved
by the department of treasury.
(ff) (ee)
"Relay method" means that
a PSAP notes pertinent
information and relays it by a communication service to the
appropriate public safety agency or other provider of emergency
services that has an available emergency service unit located
closest to the request for emergency service for dispatch of an
emergency service unit.
(gg) (ff)
"Secondary public safety
answering point" or
"secondary PSAP" means a communications facility of a public safety
agency or private safety entity that receives 9-1-1 calls by the
transfer method only and generally serves as a centralized location
for a particular type of emergency call.
(hh) (gg)
"Service supplier" means
a person providing a
communication service to a service user in this state.
(ii) (hh)
"Service user" means a
person receiving a
communication service.
(jj) (ii)
"State 9-1-1 charge"
means the charge provided for
under
sections section 401a. and 401c.
(kk) (jj)
"Tariff" means the rate
approved by the public
service commission for 9-1-1 service provided by a particular
service supplier. Tariff does not include a rate of a commercial
mobile radio service by a particular supplier.
(ll) (kk)
"Tentative 9-1-1 service
plan" means a plan prepared
by 1 or more counties for implementing a 9-1-1 system in a
specified 9-1-1 service district.
(mm) (ll) "Transfer
method" means that a PSAP transfers the 9-
1-1 call directly to the appropriate public safety agency or other
provider of emergency service that has an available emergency
service unit located closest to the request for emergency service
for dispatch of an emergency service unit.
(nn) (mm)
"Universal emergency number
service" or "9-1-1
service" means public communication service that provides service
users with the ability to reach a public safety answering point by
dialing the digits "9-1-1".
(oo) (nn)
"Universal emergency number
service system" or "9-1-
1 system" means a system for providing 9-1-1 service under this
act.
(pp) (oo)
"Wireless emergency service
order" means the order
of the federal communications commission, FCC docket No. 94-102,
adopted June 12, 1996 with an effective date of October 1, 1996.
Sec.
401a. (1) Except as otherwise provided under section
401c,
each Each service supplier within a 9-1-1 service district
shall bill and collect a state 9-1-1 charge from all service users,
except for users of a prepaid wireless telecommunications service,
of the service supplier within the geographical boundaries of the
9-1-1 service district or as otherwise provided by this section.
The billing and collection of the state 9-1-1 charge shall begin
July 1, 2008. The state 9-1-1 charge shall be uniform per each
service user within the 9-1-1 service district.
(2) The amount of the state 9-1-1 charge payable monthly by a
service user shall be established as provided under subsection (4).
The amount of the state 9-1-1 charge shall not be more than 25
cents or less than 15 cents. The charge may be adjusted annually as
provided under subsection (4).
(3) The state 9-1-1 charge shall be collected in accordance
with the regular billings of the service supplier. Except as
otherwise provided under this act, the amount collected for the
state 9-1-1 charge shall be remitted quarterly by the service
supplier to the state treasurer and deposited in the emergency 9-1-
1 fund created under section 407. The charge allowed under this
section shall be listed separately on the customer's bill or
payment receipt or otherwise disclosed to the consumer.
(4) The initial state 9-1-1 charge shall be 19 cents and shall
be effective July 1, 2008. The state 9-1-1 charge shall reflect the
actual costs of operating, maintaining, upgrading, and other
reasonable and necessary expenditures for the 9-1-1 system in this
state. The state 9-1-1 charge may be reviewed and adjusted as
provided under subsection (5).
(5) The commission in consultation with the committee shall
review and may adjust the state 9-1-1 charge under this section and
the distribution percentages under section 408 to be effective on
July 1, 2009 and July 1, 2010. Any adjustment to the charge by the
commission shall be made no later than May 1 of the preceding year
and shall be based on the committee's recommendations under section
412. Any adjustments to the state 9-1-1 charge or distribution
percentages after December 31, 2010 shall be made by the
legislature.
(6) If a service user has multiple access points or access
lines, the state 9-1-1 charge will be imposed separately on each of
the first 10 access points or access lines and then 1 charge for
each 10 access points or access lines per billed account.
(7) This section takes effect July 1, 2008.
Sec. 401b. (1) In addition to the charge allowed under section
401a, after June 30, 2008 a county board of commissioners may
assess a county 9-1-1 charge to service users, except for users of
a prepaid wireless telecommunications service, located within that
county by 1 of the following methods:
(a) Up to $0.42 per month by resolution.
(b) Up to $3.00 per month with the approval of the voters in
the county.
(c) Any combination of subdivisions (a) and (b) with a maximum
county 9-1-1 charge of $3.00 per month.
(2) A county assessing a county 9-1-1 charge amount approved
in the commission's order in case number U-15489 that exceeds the
amounts established in subsection (1) may continue to assess the
amount approved by the commission. Any proposed increase to the
amount approved in the commission order is subject to subsection
(1).
(3) The charge assessed under this section and section 401e
shall not exceed the amount necessary and reasonable to implement,
maintain, and operate the 9-1-1 system in the county.
(4) If the voters approve the charge to be assessed on the
service user's monthly bill on a ballot question under this
section, the service provider's bill shall state the following:
"This amount is for your 9-1-1 service which has been approved
by the voters on (DATE OF VOTER APPROVAL). This is not a charge
assessed by your service supplier. If you have questions concerning
your 9-1-1 service, you may call (INCLUDE APPROPRIATE TELEPHONE
NUMBER).".
(5) Within 90 days after the first day of each fiscal or
calendar year of a county, an annual accounting shall be made of
the charge approved under this section.
(6) Except as otherwise provided in subsection (10), the
county 9-1-1 charge collected under this section shall be paid
quarterly directly to the county and distributed by the county to
the primary PSAPs by 1 of the following methods:
(a) As provided in the final 9-1-1 service plan.
(b) If distribution is not provided for in the plan, then
according to any agreement for distribution between the county and
public agencies.
(c) If distribution is not provided in the plan or by
agreement, then according to population within the emergency 9-1-1
district.
(7) Subject to subsection (1), the county may adjust the
county 9-1-1 charge annually to be effective July 1. The county
shall notify the committee no later than May 15 of each year of any
change in the county 9-1-1 charge under this section.
(8) If a county has multiple emergency response districts, the
county 9-1-1 charge collected under this section shall be
distributed under subsection (6) in proportion to the population
within the emergency 9-1-1 district.
(9) This section shall not preclude the distribution of
funding to secondary PSAPs if the distribution is determined by the
primary PSAPs within the emergency 9-1-1 district to be the most
effective method for dispatching of fire or emergency medical
services and the distribution is approved within the final 9-1-1
service plan.
(10) The service supplier may retain 2% of the approved county
9-1-1 charge to cover the supplier's costs for billings and
collections under this section.
(11) The charge allowed under this section shall be listed
separately on the customer's bill or otherwise disclosed to the
consumer and shall state by which means the charge was approved
under subsection (1).
(12) Information submitted by a service supplier to a county
under this section is exempt from the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246, and shall not be released by the
county without the consent of the service supplier. Unless required
or permitted by statute, court rule, subpoena, or court order, or
except as necessary for a county, the commission, committee, or
public agency to pursue or defend the public's interest in any
public contract or litigation, a county treasurer, the commission,
committee, agency, or any employee or representative of a PSAP,
database administrator, or public agency shall not divulge any
information acquired with respect to customers, revenues or
expenses, trade secrets, access line counts, commercial
information, or any other proprietary information with respect to a
service supplier while acting or claiming to act as an employee,
agent, or representative. An aggregation of information that does
not identify or effectively identify the number of customers,
revenues or expenses, trade secrets, access lines, commercial
information, and other proprietary information attributable to a
specific service supplier may be made public.
(13) If a service user has multiple access points or access
lines, the county 9-1-1 charge will be imposed separately on each
of the first 10 access points or access lines and then 1 charge for
each 10 access points or access lines per billed account.
(14) A county 9-1-1 charge assessed under subsection (1) shall
be used only to fund costs approved as allowable in a published
report
by the committee prior to before
December 1, 2008. The
committee shall notify the standing committees of the senate and
house of representatives having jurisdiction over issues pertaining
to
communication technology at least 90 days prior to before
modifying what constitutes an allowable cost under this subsection.
(15)
Notwithstanding any other provision of this act, the
county
9-1-1 charge levied under this section shall not be levied
after
the repeal date provided in section 717. If all or a portion
of
the county 9-1-1 charge levied under this section has been
pledged
as security for the payment of qualified obligations, the
county
9-1-1 charge shall be levied and collected only to the
extent
required to pay the qualified obligations or satisfy the
pledge.
Sec.
401c. (1) Each CMRS supplier or reseller shall collect an
emergency
9-1-1 charge from each of its prepaid customers. The
amount
of the emergency 9-1-1 charge shall be established annually
by
the committee by combining the amounts determined under
subsections
(2) and (3).
(2)
The CMRS supplier or reseller shall have a 1-time option
of
selecting 1 of the following methods of determining the portion
of
the emergency 9-1-1 charge that represents the state 9-1-1
charge
amount:
(a)
By dividing the total earned prepaid revenue received by
the
CMRS supplier or reseller within the monthly 9-1-1 reporting
period
by $50.00 and then multiplying that number by the amount of
the
state 9-1-1 charge as established under section 401a.
(b)
By multiplying the amount of the state 9-1-1 charge as
established
under section 401a for each active prepaid account of
the
CMRS supplier or reseller.
(3)
The committee shall review and annually establish the
portion
of the emergency 9-1-1 charge assessed under this section
that
represents the county 9-1-1 charge amount. The charge shall be
based
on the weighted average of all county 9-1-1 charges imposed
statewide.
(4)
The CMRS shall deposit the amount collected under this
section
into the emergency 9-1-1 fund to be distributed as provided
under
section 408.
(5)
This section takes effect July 1, 2008.
(6)
As used in this section:
(a)
"Active prepaid accounts" means a customer who has
recharged
or replenished his or her account at least once during
the
billing period or calendar month and has a sufficient positive
balance
at the end of each month equal to or greater than the
amount
of the emergency 9-1-1 charge established under this
section.
(b)
"CMRS reseller" means a provider who purchases
telecommunication
services from another telecommunication service
provider
and then resells, uses a component part of, or integrates
the
purchased services into a mobile telecommunication service.
(c)
"Earned prepaid revenue" means new revenue that has been
generated
from prepaid service accounts since the close of the last
billing
period or calendar month.
(d)
"Prepaid customer" means a CMRS subscriber who pays in
full
prospectively for the service and has 1 of the following:
(i) A Michigan telephone number or a Michigan
identification
number
for the service.
(ii) A service for exclusive use in an automotive
vehicle and
whose
place of primary use is within this state. As used in this
sub-subparagraph,
"place of primary use" means that phrase as
defined
under 4 USC 124.
(1) A seller shall collect a prepaid wireless 9-1-1 surcharge
from a consumer for each retail transaction occurring in this
state.
(2) The amount of the prepaid wireless 9-1-1 surcharge shall
be 1.92% per retail transaction. The charge allowed under this
section shall be either separately stated on an invoice, receipt,
or other similar document that is provided to a consumer by the
seller or otherwise disclosed to the consumer.
(3) Each of the following transactions shall be considered to
have occurred in this state:
(a) A retail transaction that is effected in person by a
consumer at a business location of a seller located in this state.
(b) A retail transaction that is treated as occurring in this
state as provided in section 3c of the use tax act, 1937 PA 94, MCL
205.93c, as that section applies to a prepaid wireless calling
service.
(4) A prepaid wireless 9-1-1 surcharge is the liability of the
consumer and not of the seller or of any provider.
(5) Except as otherwise provided in subsection (6), if a
prepaid wireless telecommunications service is sold with 1 or more
products or services for a single, nonitemized price, the seller
shall collect 1.92% on the entire nonitemized price unless the
seller elects to do the following:
(a) If the amount of the prepaid wireless telecommunications
service is disclosed to the consumer as a dollar amount, apply the
percentage to that dollar amount.
(b) If the seller can identify the portion of the price that
is attributable to the prepaid wireless telecommunications service
by reasonable and verifiable standards from its books and records
that are kept in the regular course of business for other purposes
including, but not limited to, nontax purposes, apply the
percentage to that portion.
(6) If a minimal amount of prepaid wireless telecommunications
service is sold with a prepaid wireless device for a single,
nonitemized price, a seller may elect not to apply the percentage
specified in subsection (5)(a) to that transaction. As used in this
subsection, "minimal amount" means an amount of service denominated
as 10 minutes or less or $5.00 or less.
(7) The prepaid wireless 9-1-1 surcharge shall be remitted at
the same time and in the same manner as the taxes provided by the
general sales tax act, 1933 PA 167, MCL 205.51 to 205.78. The
department shall establish record keeping, payment, and other
procedures for providers or sellers that are substantially similar
to those applicable procedures for taxpayers imposed under the
general sales tax act, 1933 PA 167, MCL 205.51 to 205.78. The
department shall deposit the prepaid wireless 9-1-1 surcharges in
the emergency 9-1-1 fund created in section 407.
(8) The prepaid wireless 9-1-1 surcharge imposed by this act
shall be administered by the department under 1941 PA 122, MCL
205.1 to 205.31, and this act. If the provisions of 1941 PA 122,
MCL 205.1 to 205.31, and this act conflict, the provisions of this
act apply.
(9) The department shall promulgate rules to implement this
section pursuant to the administrative procedures act of 1969, 1969
PA 306, MCL 24.201 to 24.328.
(10) A seller may retain 2% of prepaid wireless 9-1-1
surcharges that are collected by the seller to reimburse the seller
for its direct costs in collecting and remitting the prepaid
wireless 9-1-1 surcharges.
(11) A provider or seller of prepaid wireless
telecommunications service is not liable for damages to any person
resulting from or incurred in connection with the provision of, or
failure to provide, 9-1-1 service or for identifying or failing to
identify the telephone number, address, location, or name
associated with any person or device that is accessing or
attempting to access 9-1-1 service.
(12) A provider or seller of prepaid wireless
telecommunications service is not liable for damages to any person
resulting from or incurred in connection with the provision of any
lawful assistance to any investigative or law enforcement officer
of the United States, this state, or any other state in connection
with any lawful investigation or other law enforcement activity by
that law enforcement officer.
(13) As used in this section:
(a) "Consumer" means a person who purchases prepaid wireless
telecommunications services in a retail transaction.
(b) "Department" means the Michigan department of treasury.
(c) "Prepaid wireless 9-1-1 surcharge" means the fee that is
required to be collected by a seller from a consumer in the amount
established under subsection (2).
(d) "Provider" means a person that provides prepaid wireless
telecommunications services under a license issued by the federal
communications commission.
(e) "Retail transaction" means the purchase of prepaid
wireless telecommunications service from a seller for any purpose
other than resale.
(f) "Seller" means a person who sells prepaid wireless
telecommunications service to another person.
Sec. 401d. (1) Each local exchange provider within a 9-1-1
service district shall provide a billing and collection service for
an emergency telephone technical charge from all service users,
except for users of a prepaid wireless telecommunications service,
of the provider within the geographical boundaries of the emergency
telephone or 9-1-1 service district. The billing and collection of
the emergency telephone technical charge used for billing cost
shall begin as soon as feasible after the final 9-1-1 service plan
has been approved. The billing and collection of the emergency
telephone technical charge not already collected for billing costs
shall begin as soon as feasible after installation and operation of
the 9-1-1 system. The emergency telephone technical charge shall be
uniform per each exchange access facility within the 9-1-1 service
district. The portion of the emergency telephone technical charge
that represents start-up costs, nonrecurring billing, installation,
service, and equipment charges of the service supplier, including
the costs of updating equipment necessary for conversion to 9-1-1
service, shall be amortized at the prime rate plus 1% over a period
not to exceed 10 years and shall be billed and collected from all
service users only until those amounts are fully recouped by the
service supplier. The prime rate to be used for amortization shall
be set before the first assessment of nonrecurring charges and
remain at that rate for 5 years, at which time a new rate may be
set for the remaining amortization period. Recurring costs and
charges included in the emergency telephone technical charge shall
continue to be billed to the service user.
(2) The amount of the emergency telephone technical charge to
be billed to the service user shall be computed by dividing the
total emergency telephone technical charge by the number of
exchange access facilities within the 9-1-1 service district.
(3) The amount of emergency telephone technical charge payable
monthly by a service user for recurring costs and charges shall not
exceed 4% of the lesser of $20.00 or the highest monthly rate
charged by the local exchange provider for primary basic local
exchange
service under section 304 of the Michigan
telecommunications
act, 1991 PA 179, MCL 484.2304, within
the 9-1-1
service district. The amount of emergency telephone technical
charge payable monthly by a service user for nonrecurring costs and
charges shall not exceed 5% of the lesser of $20.00 or the highest
monthly rate charged by the provider for primary basic local
exchange
service under section 304 of the Michigan
telecommunications
act, 1991 PA 179, MCL 484.2304, within
the 9-1-1
service district. The difference, if any, between the amount of the
emergency telephone technical charge computed under subsection (2)
and the maximum permitted under this section shall be paid by the
county from funds available to the county or through cooperative
arrangements with public agencies within the 9-1-1 service
district.
(4) The emergency telephone technical charge shall be
collected in accordance with the regular billings of the local
exchange provider. The emergency telephone technical charge payable
by service users under this act shall be added to and shall be
stated separately in the billings to service users or otherwise
disclosed to the consumer.
(5) As used in this section, "local exchange provider" means a
provider of basic local exchange service as defined in section 102
of the Michigan telecommunications act, 1991 PA 179, MCL 484.2102.
Sec. 717. This act is repealed effective December 31,
2014.2021.
Enacting section 1. This amendatory act takes effect January
1, 2013.
