§ 5306.2. Uniform 911 surcharge.
(a) Surcharge imposed.--Each subscriber or consumer shall pay a surcharge of $1.65 for each 911 communications service or prepaid wireless device for which that subscriber or consumer is billed by a provider or seller as provided for under this chapter. The surcharge shall be collected apart from and in addition to a fee levied by the provider or seller, in whole or in part, for the provision of 911 services. The surcharge shall be subject to the following:
(1) The surcharge shall be uniform, competitively neutral and in an equal amount for subscribers or consumers of all 911 communications services.
(2) Except as provided under section 5307.1 (relating to payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service), the surcharge shall be paid to the State Treasurer for deposit in the fund. The Treasurer may retain up to 1% of the remitted surcharge to pay expenses directly related to the cost of collection.
(3) No subscriber or consumer shall be required to pay more than one surcharge per number or device.
(b) Provider administrative costs.--Each provider collecting the surcharge may retain an amount not to exceed 1% of the gross receipts of surcharges collected as reimbursement for its actual administrative costs.
(c) Collection of surcharge.--The collection of the surcharge by each provider shall be subject to the following:
(1) Providers shall collect the surcharge on behalf of the agency as part of their billing process and shall have no obligation to take any legal action to enforce the collection of the surcharge. Action may be brought by or on behalf of the agency. Upon written request of the agency, each wireless provider shall annually provide a list of the names and addresses of those wireless service customers whose accounts are considered a bad debt as determined by the provider's books and records that have failed to pay the surcharge.
(2) Providers shall not be liable for the unpaid amounts.
(3) If a provider receives a partial payment for a monthly bill from a subscriber, the provider shall apply the payment against the amount the subscriber owes the provider first and shall remit to the State Treasurer the lesser amount, if any, resulting from the application.
(4) The surcharge shall not be:
(i) Subject to taxes or charges levied by the Commonwealth or a political subdivision of this Commonwealth or an intergovernmental agency for 911 funding purposes on a provider, seller or consumer with respect to the sale, purchase, use or provision of a communication service.
(ii) Considered revenue of the provider.
(5) Nothing under this chapter shall prevent a provider from recovering costs of implementing and maintaining 911 communications service directly from the provider's subscribers, whether itemized on the subscriber's bill or by any other lawful method.
(6) Funds remaining in a State or county 911 fund prior to the effective date of this section shall only be used for purposes relating to the operation of 911 systems.
(June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
2015 Amendment. Act 12 added section 5306.2.
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