COLLECTION AND DISBURSEMENT OF SERVICE CHARGES

  1. Unless otherwise defined herein, the definition of terms set forth in Sec. 11-98-1, Code of Alabama, 1975, as amended, are incorporated by reference herein.
  2. A single, monthly statewide 9-1-1 fee is to be imposed on each active voice communication service connection in Alabama that is technically capable of accessing a 9-1-1 system, except to the extent such connection(s) is exempt under Sec. 98-11-1(a)(16), Code of Alabama, 1975, as amended.

(a) Subject to the additional clarification in Section 2(b) below the term “Voice communications service” is defined as any of the following:

1. The transmission, conveyance, or routing of real-time, two-way voice communications to a point or between or among points by or through any electronic, radio, satellite, cable, or optical, microwave, wire line, wireless, or other medium or method, regardless of protocol used.

2. The ability to receive and terminate voice calls to and from the public switched telephone network.

3. Interconnected VoIP service, as that term is defined by 47 C. F. R. Sec. 9.3

(b) Voice connections subject to the statewide 911 service charge shall consist of the following, provided they meet (2)(a)1.,2., or 3. above:

1. All  telephone voice connections, including interconnected VoIP service not addressed in 2.(b)2. and 3. below, whether wire line or wireless, whether postpaid or prepaid.
2. 
Where a subscriber obtains wireline voice communication service by purchasing such services via digital service platforms, a 9-1-1 service charge shall be assessed on the number of channels configured for or capable of accessing a 9-1-1 system.  If the number of such channels so configured is not readily determinable, the service charge shall be assessed on the total number of channels available unless and until a lesser number becomes readily determinable.
3. 
For digital service platforms used to provide wireline service, including business broadband service other than PRI, where the number of voice channels cannot be readily identified, the number of connections shall be calculated as follows:

(i) If the provisioned upstream bandwidth, as measured in kilobits per second (kbps), at the network interface device or network end point available to any voice over IP customer premise device is less than 1024, the number of connections shall be deemed equal to that number divided by 64; or,
(ii) 
Otherwise, the number of connections shall be deemed equal to 10 per 1 Mbps of provisioned upstream service or fraction thereof.

4. All Lifeline connections in Alabama, both wire line and wireless.

c) An interconnected VoIP service provider subject to 47 CFR 9.5 or that otherwise provides 911 functionality, regardless of the technical means of doing so, shall be the provider responsible for collecting and remitting the statewide 911 charge.
d) 
Notwithstanding any other provision of this rule, pre-paid wireless service, as defined in Sec. 11-98-5.3(4), shall be collected a the point of sale in conformance with Sec. 11-98-5.3, et. seq.

Chapter Name: 
COLLECTION AND DISBURSEMENT OF SERVICE CHARGES
Chapter Number: 
585-X-4
Rule Number: 
.01
Author: 
James T. Sasser
Statutory Authority: 
Sections 11-98-1; 11-98-4.1; 11-98-5, Code of Alabama, 1975, as amended
History: 
Adopted with Changes to the proposed to rule due to oral and written comments. Significant changes were made from proposed rule when it became evident that it would/be very difficult both technically and financially to comply with the proposed rule. The adopted rule basically reverts back to language contained in Emergency Rulel to define what voice connections are to be assessed the 9-1-1 service charge. VOIP and PRI are addressed in the adopted rule. The board also agreed with comments that prepaid service is governed by Section ll-98-5.3(4) and shall be collected at the point of sale and a change in content of the proposed rule was made accordingly.
Status: 
Active
Copy of Filing: 

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