This text of North Dakota § 54-44.8-08 (Telephone access line and radio communications access surcharge) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Before May first of each year, the department shall report all cost data and other
information to the commission. Each local exchange company and radio
communications service provider shall report all information requested by the
department in order to determine the number of telephone access lines and radio
communications access service numbers. Before June first of each year, the
commission shall determine the amount of a surcharge, not to exceed eleven cents
per telephone access line per month, based upon available cost data and other
information provided by the department necessary to cover the costs of providing
intrastate telecommunications relay service as provided in section 401 of the federal
Americans with Disabilities Act of 1990 [47 U.S.C. 225], including the cost of
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1. Before May first of each year, the department shall report all cost data and other
information to the commission. Each local exchange company and radio
communications service provider shall report all information requested by the
department in order to determine the number of telephone access lines and radio
communications access service numbers. Before June first of each year, the
commission shall determine the amount of a surcharge, not to exceed eleven cents
per telephone access line per month, based upon available cost data and other
information provided by the department necessary to cover the costs of providing
intrastate telecommunications relay service as provided in section 401 of the federal
Americans with Disabilities Act of 1990 [47 U.S.C. 225], including the cost of
implementing and administering this chapter which includes the provision of
specialized equipment to eligible persons, and taking into consideration any surplus in
the telecommunications services account. The surcharge is imposed effective on its
determination by the commission and must be billed and collected as provided in this
chapter. The surcharge is subject to section 49-21-01.3. Funding for the interstate
portion of the state telecommunications relay service must be provided in a manner
consistent with rules and orders adopted by the federal communications commission
in implementing the federal Americans with Disabilities Act. The department shall notify
each local exchange company and radio communications service provider, in writing,
of the amount of the monthly surcharge determined by the commission.
2. Each local exchange company and radio communications service provider shall
include and identify the surcharge determined under subsection 1 in its monthly billing
for service to a customer of the company or provider.
3. Each customer of a local exchange company or radio communications service
provider is liable for payment to the local exchange company or radio communications
service provider of any surcharge imposed pursuant to this chapter. The local
exchange company or radio communications service provider is not liable for any
uncollected surcharge, nor does the company have an obligation to take any legal
action to enforce the collection of any surcharge that is unpaid by its customers.
4. No customer of a local exchange company may be required to pay the surcharge on
more than one hundred telephone access lines per account and no customer of a
radio communications service provider may be required to pay the surcharge on more
than one hundred radio communications access service numbers per account in this
state.
5. Except as provided in subsection 6, a local exchange company or radio
communications service provider shall transmit all surcharges billed and collected to
the department no later than the last day of the month following the end of the
calendar quarter in which the surcharge is collected. The administrator shall remit the
surcharges received to the state treasurer. The state treasurer shall deposit all
surcharges received in the state treasury to the credit of the telecommunications
services account for the communications impaired.
6. Each local exchange company or radio communications service provider may deduct
and retain five percent of the total surcharges billed and collected each month to cover
its administrative expense in complying with the requirements of subsections 2, 3, 4,
and 5.