§ 33:9109 — Additional service charge on wireless telecommunications service

§9109. Additional service charge on wireless telecommunications service
A. Intent. (1) The Federal Communications Commission has outlined a plan that
will require the public safety community to field a new generation of 911 emergency call
services which will allow the use of additional and widely used digital media to contact
Public Safety Answering Points (PSAPs). Next Generation 911 (NG911) will permit the
public use of text messages, data, videos, as well as voice to transmit emergency information
to the servicing PSAP. It will allow this data to be further shared with first responders for
their use enroute to and at emergency scenes. Specific technological enhancements shall be
made within each PSAP in order to receive and utilize this information from wireless
devices.
(2) The legislature finds that it is in the public interest for 911 systems operated by
the communication districts within Louisiana to provide NG911 service to the public when
the necessary technological requirements can be met and sufficient funding to make these
improvements becomes available.
(3) It is the purpose of this Section to provide funding for NG911, E911, 911 call
taking, dispatch, telecommunication systems for first responders and for other lawful
purposes of communications districts. It is also the purpose of this Section to provide civil
immunity for the provision of 911 services by wireless service suppliers and all
communication districts.
B. Definitions. As used in this Section, the following words and terms shall have
the following meanings, unless the context clearly indicates otherwise:
(1) "Automatic number identification" or "ANI" means an enhanced 911 service
capability that enables the automatic display of the ten-digit wireless telephone number used
to place a 911 call and includes "pseudo-automatic number identification" or "pseudo-ANI",
which means an enhanced 911 service capability that enables the automatic display of the
number of the cell site and an identification of the CMRS provider.
(2) "CMRS" means commercial mobile radio service as defined by 47 CFR 20.3.
(3) "CMRS connection" means each device telephone number assigned to a CMRS
customer.
(4) "District" means a communications district created pursuant to this Chapter or
pursuant to or by any local or special Act.
(5) "E911" means an emergency telephone system that provides the caller with
emergency 911 system service, that directs 911 calls to appropriate public safety answering
points by selective routing based on the geographical location from which the call originated,
and that provides the capability for automatic number identification and other features that
the Federal Communications Commission may require in the future.
(6) "Service charge" means the CMRS emergency telephone service charge levied
and collected pursuant to this Section.
(7) "Service supplier" means a person or entity who provides CMRS service.
C. Service charge. The governing authority of any district may levy a CMRS
emergency telephone service charge subject to and in accordance with the provisions of this
Subsection. Such service charge:
(1) Shall be levied only on CMRS service which enables a service user to access the
911 emergency telephone number through the use of a CMRS connection.
(2)(a) Shall not exceed one dollar and twenty-five cents per month per wireless
CMRS connection or the rate which the district levies or is authorized to levy on CMRS
users on August 1, 2016, whichever is higher.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the
governing authority of the Terrebonne Parish Communications District may levy a CMRS
emergency telephone service charge of not more than one dollar and eighty-five cents per
month per wireless CMRS connection.
(3)(a) Shall be levied by resolution or ordinance of the governing authority of the
district. If the district levies an emergency telephone service charge, tax, charge, surcharge,
or fee on August 1, 2016, it shall not be required to adopt a new ordinance or resolution
except to change the rate thereof.
(b) If a district governing authority levies no emergency telephone service charge,
tax, charge, surcharge, or fee on local telephone service, or on exchange access facilities or
their equivalent, the resolution or ordinance levying the service charge authorized by this
Section shall not be adopted until such levy has been approved by a majority of the voters
of the district voting at an election held for such purpose.
(c) If the district levies any emergency telephone service charge, tax, charge,
surcharge, or fee on local telephone service, or on exchange access facilities or their
equivalent, which has been approved by the voters of the district, voter approval of the
service charge authorized by this Section shall not be required.
(4) Shall be levied against each CMRS connection for which the billing address is
within the district. In the absence of a billing address, the service charge shall be levied
against each CMRS connection for which the primary use is within the district.
Notwithstanding the foregoing, the application of a CMRS emergency telephone service
charge to any mobile telecommunications service, as defined in R.S. 47:301(29), shall apply
only if the customer's place of primary use is located within the boundaries of the political
subdivision levying such CMRS emergency telephone service charge. For purposes of this
Paragraph, the provisions of R.S. 47:301.1 shall apply in the same manner and to the same
extent as such provisions apply to the taxes levied pursuant to R.S. 47:302(C) and 331(C)
on mobile telecommunications services.
(5) Shall have uniform application and shall be imposed throughout the entirety of
the district to the greatest extent possible in conformity with availability of 911 service in any
area of the district.
(6) Shall be a liability of the service user until it has been paid to the service supplier.
(7)(a) Shall be collected as part of the supplier's normal billing process in accordance
with the provisions of this Paragraph.
(b) The service charge shall be collected by each service supplier providing service
in the district. The district shall notify, by certified mail, return receipt requested, each
service supplier of the adoption of the resolution or ordinance provided for in Paragraph (3)
of this Subsection. The duty of the wireless service supplier to collect any such service
charge or any increase in service charge authorized by this Section shall commence within
sixty days after receipt of such notice.
(c) The service supplier shall add the service charge to its invoice to the service user,
but may state it separately therein.
(d)(i) The service supplier shall have no obligation to take any legal action to enforce
the collection of any service charge. However, the service supplier shall annually provide
the district governing authority with a list of the amount uncollected, together with the names
and addresses of those service users who carry a balance that can be determined by the
service supplier to be nonpayment of such service charge. The service charge shall be
collected in accordance with the regular billing practice of the service supplier.
(ii) Good-faith compliance by the service supplier with this provision shall constitute
a complete defense to any legal action or claim which may result from the service supplier's
determination of nonpayment or the identification of service users in connection therewith
or both.
(e)(i) The amounts collected by the service supplier attributable to any service charge
shall be due quarterly. The amount of service charge collected in one calendar quarter by the
service supplier shall be remitted to the district no later than sixty days after the close of a
calendar quarter.
(ii) On or before the sixtieth day after the close of a calendar quarter, a return, in such
form as the district governing authority and the service supplier agree upon, shall be filed
with the district, together with a remittance of the amount of service charge collected payable
to the district.
(iii) The service supplier shall maintain records of the amount of the service charge
collected for a period of at least two years from date of collection. The district governing
authority may, at its expense, require an annual audit of the service supplier's books and
records with respect to the collection and remittance of the service charge.
(iv) From the gross receipts to be remitted to the district, the service supplier may
retain, as an administrative fee, an amount equal to one percent thereof.
(8) Trunks or service lines used to supply service to service suppliers and used by
service suppliers to provide CMRS service shall not have a service charge levied against
them.
(9) The service charge, or any part or percentage thereof, shall not be subject to any
sales, use, franchise, income, excise, or any other tax, fee, or assessment, and shall not be
considered revenue of the service supplier for any purpose.
D. The financial records of the district shall be audited pursuant to the provisions of
R.S. 24:513. In addition, each district shall submit an annual report to the legislative auditor
which includes information on the revenues derived from the service charge authorized by
this Section and the use of such revenues. Such report shall include a report on the status of
implementation of wireless E911 service.
E. Liability. (1) Each service supplier shall establish a mechanism to permit a
district to have full-time access to such customer data as is available and needed to assist in
the appropriate response to an emergency call which originates from a customer's wireless
device. Such information shall be used only by the district for the exclusive purpose of
providing emergency services and shall otherwise remain confidential and shall be exempt
from disclosure under R.S. 44:1 et seq.
(2) Each service supplier shall adhere to a standard of service in providing access to
the 911 telephone system by its wireless service users as may be established by the National
Emergency Number Association. Until such standards are promulgated, each service
supplier shall adhere to commonly recognized and observed industry standards.
NOTE: Section 5 of Acts 2001, No. 1175, provides that "The intent of this
Act is to amend Louisiana law so that it conforms to the federal Mobile
Telecommunications Sourcing Act, P.L. 106-252, codified at 4 U.S.C.,
Sections 116 through 126. If it is determined by the legislative oversight
committees of the Department of Revenue, which are set forth in R.S.
49:968, that a court of competent jurisdiction has entered a final judgment on
the merits that (1) is based on federal or state law; (2) is no longer subject to
appeal; and (3) substantially limits or impairs the essential elements of
Section 1 or 2 of this Act, then the provisions enacted by such Sections shall
be repealed, and Sections 3 and 4 of this Act shall be effective, all as of the
date of entry of such judgment." R.S. 33:9109(C)(4) as it appears in Section
4 of the Act is the same as the law in effect prior to the enactment of Acts
2001, No. 1175.

Legislative History

Acts 1999, No. 1029, §1, eff. July 9, 1999; Acts 2001, No. 507, §2, eff. June 21, 2001; Acts 2001, No. 1175, §§2 and 4, eff. Aug. 2, 2002; Acts 2016, No. 665, §1; Acts 2024, No. 410, §1.