The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
9-1-1 Service.
Means a telecommunications service through which the user of a public telephone system has the ability to reach the city’s public safety answering point by dialing the digits 9-1-1.
9-1-1 Emergency Service System.
Means a system of processing emergency 9-1-1 calls.
Local Exchange Access Line or Equivalent Local Exchange Access Line.
Means the physical voice grade telecommunications connection or the cable or broadband transport facilities, or any combination of these facilities, owned, controlled, or relied upon by a service provider, between an end user customer’s premises and a service provider’s network that, when the digits 9-1-1 are dialed, provides the end user customer access to a public safety answering point through a permissible interconnection to the dedicated 9-1-1 network. In the case of multi-channel services or offerings, channelized by a service provider, each individual channel provided to an end user customer shall constitute a separate “local exchange access line” or “equivalent local exchange access line” (e.g., ISDN-PRI service consists of 24 individual channels.) Local exchange access line or equivalent local exchange access line include lines as defined above that a service provider offers at a fully or partially discounted rate from the provider’s base rate to a class of end users (e.g., the service provider’s employees/retirees). Such discounting is not a basis for eliminating or reducing the 9-1-1 emergency service fee on such lines, except in the instance of an emergency communication district imposing its 9-1-1 emergency service fee based on a percentage in lieu of a flat rate.
Public Safety Answering Point.
Means the city emergency communications facility that is responsible for answering calls to an emergency telephone number (E911) for police, fire responses, and ambulance services.
Service Provider.
Means an entity providing local exchange access lines and/or equivalent local exchange access lines to a service user in the City of DeSoto.
Service User.
Means a person or business entity that is provided local exchange access lines or equivalent local exchange access lines in the city.
(1995 Code of Ordinances, Chapter 1, Article 1.1200, Section 1.1201; Ordinance 1999-14 adopted 10/21/14)
There shall be imposed on each telephone subscriber's local exchange access line, and equivalent local exchange access line in the City of DeSoto, a 9-1-1 emergency service fee as provided for in the fee schedule found in the appendix of this code. Such fees shall be used only to provide for the planning, development, installation, purchase, operating expenses, and maintenance expenses of 9-1-1 emergency service, including required personnel.
(1995 Code of Ordinances, Chapter 1, Article 1.1200, Section 1.1203)
The city manager, or his designee, is hereby authorized to execute a contract or contracts on behalf of the City of DeSoto with any service provider, pursuant to the provisions of this article, to provide for the billing and collection of fees imposed by the city pursuant to the provisions hereof.
(1995 Code of Ordinances, Chapter 1, Article 1.1200, Section 1.1204)
The 9-1-1 service fee imposed by this article shall be subject to the following restrictions and limitations:
(1) 
The 9-1-1 service fee may only be imposed upon service users' local exchange access lines and equivalent local exchange access lines.
(2) 
The 9-1-1 service fee may not be imposed upon more than one hundred (100) local exchange access lines per service user per location, or more than one hundred (100) local exchange access lines for a single business entity at a single location unless the lines or services are used by residents of the location. The fee limitation of this section shall not apply to equivalent local exchange access lines.
(3) 
The 9-1-1 service fee may not be imposed upon any coin operated or coin/card reader operated telephone equipment.
(4) 
The 9-1-1 service fee shall be stated separately on each service user's bill.
(5) 
The 9-1-1 service fee shall have uniform application within the municipal boundaries of the city.
(6) 
Each service provider not already remitting 9-1-1 service fees should be advised in writing of the amount of the 9-1-1 service fee to be applied to each type of service at least 90 days prior to the first billing date.
(7) 
No service provider will be obliged or authorized to take any legal action to enforce the collection of any billed 9-1-1 service fee.
(8) 
No service provider will disconnect any service user's telephone service for failure to pay the 9-1-1 service fee.
(9) 
Each service provider will assess a 9-1-1 service fee to each service user on a monthly basis and will remit the collected 9-1-1 service fee to the city no later than 60 days after the close of the month in which such 9-1-1 service fees were assessed.
(10) 
Each service provider will retain from its remittance to the city two percent (2%) of the collected 9-1-1 service fees as its compensation for performing its obligations under the contract.
(11) 
Each service provider shall complete a remittance report in the form provided by the city, and the remittance report shall accompany the remitted 9-1-1 service fees.
(12) 
Each service provider will provide the city with a list of any service users who have refused to pay the 9-1-1 service fee. This list shall be provided a minimum of once per calendar year.
(13) 
Each service provider will retain records of the amount of 9-1-1 service fees collected for a period not to exceed two years from the date of collection.
(14) 
Should the city desire to audit the records of collected fees from any service provider, it may do so at the city's sole cost and expense.
(15) 
All federal service users located in the city are exempt from the 9-1-1 service fee.
(1995 Code of Ordinances, Chapter 1, Article 1.1200, Section 1.1205)
The service provider will provide the city with a list of subscribers who have specifically refused to pay the 9-1-1 emergency service fee. Such list shall be provided not more than once each calendar year. The service provider will not be obliged to take any legal action to enforce the collection of any billed emergency service fees. The service provider will not be obligated to disconnect any subscribers telephone service for failure to pay the emergency service fees.
(1995 Code of Ordinances, Chapter 1, Article 1.1200, Section 1.1206)
The service provider will retain records of the fees collected pursuant to this article. Such records will be retained for a period not to exceed two (2) years from the date of collection. The city may, at its sole cost and expense, audit the service provider's record of the collected fees not more often than once annually.
(1995 Code of Ordinances, Chapter 1, Article 1.1200, Section 1.1207)
The service provider will remit the collected 9-1-1 emergency service fees to the city on a periodic basis, not more frequently than monthly, on or before the sixtieth (60) day after the close of the month in which such fees were collected. The service provider will retain, from its remittance to the city, two (2) percent of the collected 9-1-1 emergency service fees as its compensation for providing such collection.
(1995 Code of Ordinances, Chapter 1, Article 1.1200, Section 1.1208)
The city as the 9-1-1 entity codifies the adoption of Texas Administrative Code title 1, part 12, chapter 251, rule 251.14 and requires all VoIP Positioning Center (VPC) operators comply to provide end-users of IP-enabled voice service providers (VSPs) with a consistent level of 9-1-1 service that is comparable to wireline E9-1-1 service.
(Ordinance 1999-14 adopted 10/21/14)