PRINTER'S NO. 1274
No. 936 Session of 2005
INTRODUCED BY CORMAN, COSTA, KITCHEN, SCARNATI, WONDERLING,
WAUGH, TOMLINSON AND C. WILLIAMS, OCTOBER 26, 2005
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, OCTOBER 26, 2005
AN ACT
1 Amending the act of July 9, 1990 (P.L.340, No.78), entitled "An
2 act providing for a Statewide emergency telephone number 911
3 system; providing for contributions from telephone
4 subscribers; providing a penalty; and making a repeal;"
5 providing for interconnected Voice over Internet Protocol
6 service; and establishing the VoIP Emergency Services Fund.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 2 of the act of July 9, 1990 (P.L.340,
10 No.78), known as the Public Safety Emergency Telephone Act, is
11 amended by adding definitions to read:
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 * * *
17 "Interconnected Voice over Internet Protocol service
18 customer" or "VoIP service customer." A person who is billed by
19 an interconnected Voice over Internet Protocol provider.
1 "Interconnected Voice over Internet Protocol provider" or
2 "VoIP provider." A person engaged in the business of providing
3 VoIP service to end-use customers in this Commonwealth,
4 including resellers.
5 "Interconnected Voice over Internet Protocol service" or
6 "VoIP service." Service as defined by all orders issued by the
7 Federal Communications Commission pursuant to the proceeding
8 entitled "IP-Enabled Services", (WC Docket No. 04-36; FCC 05-
9 116), codified at 47 CFR Part 9 (relating to interconnected
10 Voice over Internet Protocol services), any successor proceeding
11 and any other FCC order that affects the provision of E-911
12 service to VoIP service customers or further defines
13 interconnected Voice over Internet Protocol service.
14 * * *
15 Section 2. The act is amended by adding a section to read:
16 Section 11.14. Collection and disbursement of VoIP 911 fee.
17 (a) VoIP service customer E-911 contribution.--
18 (1) Each VoIP provider shall collect a $1 fee per month
19 for each VoIP service customer line and forward the
20 collection quarterly less the actual uncollectibles
21 experienced by the VoIP provider to the State Treasurer. This
22 fee shall be stated separately in the VoIP service customer's
23 billing and the fee shall be collected apart from and in
24 addition to any fee levied by the VoIP provider in whole or
25 in part for the provision of 911 services or E-911 services.
26 (2) If a VoIP provider receives a partial payment for a
27 monthly bill from a VoIP service customer, the VoIP provider
28 shall apply the payment against the amount the VoIP service
29 customer owes the VoIP provider first and shall remit to the
30 State Treasurer the lesser amount, if any, as shall result
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1 therefrom.
2 (3) The fees collected under this subsection shall not
3 be subject to taxes or charges levied by the Commonwealth or
4 any political subdivision of this Commonwealth, nor shall the
5 fees be considered revenue of the VoIP provider for any
6 purpose.
7 (b) Reporting by VoIP providers.--With each remittance a
8 VoIP provider shall supply the following information to the
9 State Treasurer and to the agency:
10 (1) The total fees collected through the VoIP provider
11 from its VoIP service customers during the reporting period.
12 (2) The total amount retained by it as reimbursement for
13 administrative costs to cover its expenses of billing,
14 collecting and remitting the fees collected from the fee
15 surcharge during the reporting period.
16 (c) Collection enforcement.--A VoIP provider has no
17 obligation to take any legal action to enforce the collection of
18 any fee imposed pursuant to this section. The action may be
19 brought by or on behalf of the public agency imposing the
20 charge. The VoIP provider shall annually provide, upon request
21 of the State Treasurer or the agency, a list of the names and
22 addresses of those VoIP service customers which carry a balance
23 that can be determined by the VoIP provider to be the nonpayment
24 of any charge imposed pursuant to this section. The VoIP
25 provider is not liable for uncollectible amounts.
26 (d) Establishment of fund.--There is hereby established in
27 the State Treasury a nonlapsing restricted interest-bearing
28 account to be known as the VoIP 911 Emergency Services Fund. The
29 fund shall consist of the fees collected pursuant to this
30 section.
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1 (e) Distribution of fees.--Moneys in the fund established by
2 this section and the interest it accrues are hereby appropriated
3 to the agency to be disbursed by the agency. The agency shall
4 make an annual appropriation from the account to each county in
5 an amount equal to the amount of fees collected from VoIP
6 service customers located in that county and for the purpose of
7 assisting counties with the implementation of an agency-approved
8 plan adopted under section 5.
9 Section 3. This act shall take effect in 60 days.
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