[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 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.
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.