§9106.2. Fixed rate service charge; Orleans Parish
A. Many facilities utilized by the Orleans Parish Communication District, created
pursuant to Act 155 of the 1982 Regular Legislative Session, and much equipment necessary
for the reception of 9-1-1 emergency telephone calls, along with the dispatching of
emergency responders, was damaged and greatly compromised by Hurricane Katrina, thus
endangering the health and well-being of the citizens of Orleans Parish. It is the purpose of
this Section to fund the repair and improvement of necessary equipment and facilities needed
for this vital infrastructure in the parish of Orleans through fixed rate service charges.
B.
(1)Notwithstanding any other law to the contrary, the governing authority of the
Orleans Parish Communication District may, by
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§9106.2. Fixed rate service charge; Orleans Parish
A. Many facilities utilized by the Orleans Parish Communication District, created
pursuant to Act 155 of the 1982 Regular Legislative Session, and much equipment necessary
for the reception of 9-1-1 emergency telephone calls, along with the dispatching of
emergency responders, was damaged and greatly compromised by Hurricane Katrina, thus
endangering the health and well-being of the citizens of Orleans Parish. It is the purpose of
this Section to fund the repair and improvement of necessary equipment and facilities needed
for this vital infrastructure in the parish of Orleans through fixed rate service charges.
B.(1) Notwithstanding any other law to the contrary, the governing authority of the
Orleans Parish Communication District may, by favorable vote of a majority of the members
of the governing authority voting on the motion, a quorum being present, establish a fixed
rate emergency telephone service charge for 9-1-1 services. The fixed rate emergency
telephone service charges shall be collected and remitted in the same manner as service
charges are currently collected.
(a) Such service charges shall not exceed the following amounts:
(i) One dollar per exchange access line serving residential service users.
(ii) Two dollars per exchange access line serving commercial service users (not to
exceed one hundred lines per user).
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, such
service charges shall not exceed the following amounts if approved by the electors as
provided in Subsection D of this Section:
(i) Two dollars per exchange access line serving residential service users.
(ii) Three dollars per exchange access line serving commercial service users (not to
exceed one hundred lines per user).
(iii) One dollar and twenty-six cents per month per wireless commercial mobile radio
service connection.
(iv) Two dollars per month per residential interconnected voice over Internet
protocol service access line equivalent.
(v) Three dollars per month per commercial interconnected voice over Internet
protocol service access line equivalent.
(c) For purposes of this Paragraph:
(i) "Interconnected voice over Internet protocol service" shall have the meaning
provided in CFR Title 47, Section 9.3.
(ii) "Access line equivalent" shall mean each telephone number issued to a voice
over Internet protocol customer. However, if the telephone numbers issued to a customer
exceed the available capacity for simultaneous outward calls to be connected to the public
switched telephone network, the access line equivalent shall be equal to the capacity for
simultaneous outward calls to the public switched telephone network.
(2) If the proceeds generated by the fixed rate emergency telephone service charges
exceed the amount of monies necessary to fund the district, the district governing authority
shall, by resolution, reduce the service charge rate to an amount adequate to fund the district.
In lieu of reducing the service charge rate, the district governing authority may suspend such
service charge, if the revenues generated therefrom exceed the amount of monies necessary
to fund the district. The district governing authority may, by resolution, reestablish the
original emergency telephone service charge rate or lift the suspension thereof, if the amount
of monies generated is not adequate to fund the district.
C. Notwithstanding R.S. 33:9108(E), the authority for the Orleans Parish
Communication District to levy and collect a fixed rate emergency telephone service charge
pursuant to this Part shall continue on and after December 31, 2009. However, on or after
January 1, 2010, the district may, by favorable vote of a majority of the members of the
governing authority voting on the motion, a quorum being present, reestablish the original
emergency telephone service charge in effect prior to August 15, 2006, upon which the
district may no longer levy and collect the fixed rate emergency service charge for 911
services authorized by this Section.
D.(1) No service charge imposed pursuant to Subparagraph (B)(1)(b) of this Section
shall become effective unless approved by the favorable vote of a majority of the electors of
the district voting on the proposition at an election held for such purpose.
(2) Monies collected pursuant to Subparagraph (B)(1)(b) of this Section by the
Orleans Parish Communications District shall be made available to such district and shall not
be diverted for use by any other entity or for any purposes other than those served by such
district.