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.
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)