[HISTORY: Article I adopted by the Board of Supervisors (now County Legislature) of the County of Sullivan as indicated in article history. Subsequent articles adopted by the County Legislature of the County of Sullivan as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-10-1993 by L.L. No. 3-1993]
The Sullivan County Legislature, in order to provide for the protection of the health, safety and welfare of persons in the county, finds it in the public interest for there to be an Enhanced 911 Emergency Telephone System operating in Sullivan County.
Pursuant to the authority granted to the County Legislature by County Law § 303, there is hereby imposed a surcharge of $0.35 per month on each local telephone exchange access line in the county, subject to the restrictions contained herein.
The surcharge herein shall not apply to more than 75 local exchange access lines per customer per location.
The surcharge herein shall not apply to any "Lifeline" customers of local telephone service suppliers.
The surcharge herein shall not apply to the access lines of the County of Sullivan.
The estimated target date for the commencement of Enhanced 911 Emergency Telephone Service in Sullivan County is two years from the date of the adoption of this article.
All suppliers of local telephone exchange access lines shall begin to add the $0.35 per month surcharge as herein provided to all service bills issued after January 1, 1994, or as soon as possible thereafter, subject to the exclusions contained herein.
[Adopted 8-18-2011 by L.L. No. 4-2011]
The purpose of this article is to establish the policy and procedures in the County of Sullivan for the imposition of a surcharge up to $0.35 per access line per month for E911 for voice over Internet protocol subscribers.
This article is enacted under County Law § 303 imposing a surcharge up to $0.35 per access line per month on the customers of every service supplier.
When used in this article, the following definitions apply:
- PLACE OF PRIMARY USE
- The street address that is representative of where the customer's use of the VOIP communications service primarily occurs, which address must be the residential street address or the primary business street address of the customer, and within the licensed service area of the service supplier.
- SERVICE SUPPLIER
- A telephone corporation which provides local exchange access service within a 911 service area, or a provider of voice over Internet protocol service or VOIP service that provides such service within a 911 service area.
- VOICE OVER INTERNET PROTOCOL SERVICE or VOIP SERVICE
- Any service that:
- A. Enables real-time, two-way voice communications;
- B. Requires a broadband connection from the user's location;
- C. Requires Internet protocol compatible customer premises equipment (CPE); and
- D. Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.
There is hereby imposed a surcharge of $0.35 per month on voice over Internet protocol (VOIP) communications service in the County of Sullivan. The surcharge shall be imposed on each VOIP communications device and shall be reflected and made payable on bills rendered for VOIP communications service that is provided to a customer whose place of primary use is within the County of Sullivan.
Each service supplier serving the County of Sullivan shall act as collections agent for the County and shall remit the funds collected pursuant to a surcharge imposed under the provisions of this article to the chief fiscal officer of the County of Sullivan every month. Such funds shall be remitted no later than 30 days after the last business day of the month.
Each VOIP communications service supplier shall be entitled to retain, as an administrative fee, an amount equal to 2% of its collections of a surcharge imposed under the provisions of this article.
Any surcharge required to be collected by a VOIP communications service supplier shall be added to and stated separately in its billings to customers.
Each VOIP communications service customer who is subject to the provisions of this article shall be liable to the County of Sullivan for the surcharge until it has been paid to the County, except that payment to a VOIP communications service supplier is sufficient to relieve the customer from further liability for such surcharge.
No VOIP communications service supplier shall have a legal obligation to enforce the collection of any surcharge imposed under the provisions of this section; provided, however, that whenever the VOIP communications service supplier remits the funds collected to the County of Sullivan, it shall also provide the County with the name and address of any customer refusing or failing to pay a surcharge imposed under the provision of this article and shall state the amount of such surcharge remaining unpaid.
Each VOIP communications service supplier shall annually provide to the County of Sullivan an accounting of the surcharge amounts billed and collected in the time and manner provided by the chief fiscal officer of the County of Sullivan.
All surcharge monies remitted to the County of Sullivan by all service suppliers shall be expended only as provided by § 308-q of the County Law.
All VOIP communications service suppliers shall begin to add such surcharge to its customer invoices no later than 45 days following notice from the County of Sullivan directing such action and continuing every month thereafter while this article remains in effect. Any subsequent VOIP communication service suppliers offering VOIP service to customers whose place of primary use is within the County of Sullivan on or after October 1, 2011, shall be required to remit such surcharge without notice.