[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.
A.Â
The surcharge herein shall not apply to more than
75 local exchange access lines per customer per location.
B.Â
The surcharge herein shall not apply to any "Lifeline"
customers of local telephone service suppliers.
C.Â
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:
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.
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.
Any service that:
Enables real-time, two-way voice communications;
Requires a broadband connection from the user's location;
Requires Internet protocol compatible customer premises equipment
(CPE); and
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.
A.Â
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.
B.Â
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.
C.Â
Any surcharge required to be collected by a VOIP communications service
supplier shall be added to and stated separately in its billings to
customers.
D.Â
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.
E.Â
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.
F.Â
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.
