EMERGENCY RULES

  1. The Alabama Legislature passed Act No. 2012-293, amending Chapter 98 of Title 11, creating a statewide 9-1-1 Board which is responsible for establishing and collecting a single, statewide emergency service charge applicable to all voice services provided within the state as of October 1, 2013.  In order to effectively implement the new statewide rate on October 1, 2013 and to ensure continued funding of Alabama’s Emergency Communication Districts, the Board is required to implement rules and regulations to provide clear guidance to service providers as to what is required of them when remitting the service charge collected from their subscribers to the Board.  A permanent Rule will be proposed but there is insufficient time for such a rule to become effective prior to the October 1, effective date.  Failure to adopt such an emergency rule in time for the providers to make programming changes could imperil the remitting process of the statewide fee to the Board and thus constitute an immediate danger to public safety and welfare.  This emergency rule shall remain in effect for six (6) months from its effective date, unless earlier terminated by permanent Rule 585-X-5-.11
     
  2. All Voice Communication Service Providers shall remit 9-1-1 service charge fees pursuant to Sec. 11-98-5 Code of Alabama, 1975.
     
  3. Fees shall be submitted to the Alabama 9-1-1 Board by the end of the calendar month following the month the provider receives the service charge from its subscribers, together with a monthly report of the number of service identifiers in each emergency communication district (ECD).  This information shall be submitted to the Alabama 9-1-1 Board at the following address:
                                                  ALABAMA STATEWIDE 911 BOARD
                                                  P.O. BOX 1790
                                                  MONTGOMERY, AL 36102-1790
 
(a) For service providers collecting less than $50.00 per month of total fee remittances, the Board will not take collection action provided the reports and fee remittances are received on a quarterly basis.
(b) All service providers providing fee remittance for 9-1-1 or E9-1-1 service pursuant to Sec. 11-98-5 Code of Alabama, 1975, shall provide the following information with the fee remittance.  The information shall be provided in the appropriate categories, either the wireless, wire line LEC, wireless/wire-line VoIP, or Broadband categories.  This information shall be in a form  referred to as the Alabama E9-1-1 Service Charge Remittance Report.  The form shall include:
 
1. Service provider’s name and address; contact person; contact phone number and email address.
2. Date of remittance report.
3. Service collection period.
4. For wire line and VoIP carriers, itemization of fee remittance revenue shall include the following:
a. Identification of the ECDs in which the service provider provides service
b. Total connections; each provider shall report the number of service connections  on which the 911 service charge is billed for each ECD in which it offers service pursuant to Sec. 11-98-1 Code of Alabama, 1975 et seq., as amended and Rule 585-X-4-.01;
c. Gross fees collected;
c. 1% Provider allowance;
e. Additional adjustment;
f. Billing adjustment;
g. Uncollected;
h. Comment or description of any adjustment or other pertinent notation; and
i. Net fees collected;
5. For wireless providers, the itemization of fee remittance revenue shall  include:
a. The total number of wireless connections on which the 911 service charge is collected;
b. Gross Service Fees collected;
c. 1% provider allowance;
d. Billing adjustment;
e. Additional adjustment
f. Comment or description of any adjustment or other pertinent notation;
g. Net fees collected;
6. Remittance Check Amount, Check Date, and Check Number unless the remittance is by wire transfer; and
7, The following certification shall be a part of the form:  “These amounts are submitted in compliance with Sections 11-98-1 and 11-98-5 Code of Alabama, 1975, as amended, along with the definitions and ordinances held within.  Under penalties of perjury, I declare that I have verified the foregoing and amounts alleged are true, to the best of my knowledge and belief."
 (c) Fee Remittance Definitions:
1. Total connections:   The number of connections, as described in Sec. 11-98-5 Code of Alabama, and in Rule 585-X-5-.10 Administrative Code which are subject to the 9-1-1 service charge.
2. Gross Fees Collected:  A calculated quantity equal to the product of the “total connections” and the 9-1-1 service charge, plus any “billing adjustment” minus the “uncollected”.
3. 1% Provider Allowance:  The 1 percent of the 9-1-1 service charges collected and retained by the provider as reimbursement for the administrative costs incurred by the provider to bill, collect, and remit the fee, as described in Sec. 11-98-5(b) Code of Alabama, 1975.  It is deducted from the “gross fees collected,” in the calculation of the “net fees collected”.
4. Additional Adjustment:  An adjustment enabling service providers to correct errors in previous monthly remittances that are not subject to the “1 % provider allowance.
5. Billing Adjustment:  An adjustment, provided to reconcile the differences between the  service providers actual 9-1-1 fees collected and the product of the “connections” and the 9-1-1 fee.  This enables corrections to amounts billed to subscribers caused by new subscriber partial billing issues.
6. Uncollected:  The amount billed by the service provider that was not collected.  This enables resolution of differences between the service providers 9-1-1 fees collected and the product of the “connections” and the 9-1-1 fee.
7. Net Fees Collected:  Revenues derived from the 9-1-1 fee levied on connections pursuant to Sec. 11-98-5(a) Code of Alabama, 1975 that must be delivered to the Alabama 9-1-1 Board for deposit by the Board into the State 911 Fund.  It is equal to the “gross fees collected”, minus the “1% provider allowance”, plus any “additional adjustment”.
(d) In lieu of submitting a signed Alabama E9-1-1 Service Charge Remittance  Report, it can be electronically transmitted to the Alabama 9-1-1 Board’s email address:                 
 
                                            www.al911board.com/remittances
 
(e) Third party companies submitting fee remittances on behalf of voice communication service providers shall provide a contact person, address, contact phone number and email address on fee remittance information to respond to Board inquiries about fee remittances.
 
(4) The Voice Communications Service Providers shall provide their company contact person, address, contact phone number and email address on fee remittance information to explain any irregularities noticed in the monthly fee remittance submittals.  In the event of multiple irregularities or failures to submit the fee remittances in a timely manner, the provider’s representative will be encouraged to attend a board meeting of the Alabama 9-1-1 Board, either in person or via teleconference, to explain these issues to the Board.


Chapter Name: 
EMERGENCY RULES
Chapter Number: 
585-X-1
Rule Number: 
.06
Author: 
James T. Sasser
Statutory Authority: 
Code of Alabama, 1975, Sections 11-98-1, 11-98-4.1,11-98-5
History: 
Emergency Rule- adopted August 28, 2013; effective September 4, 2013
Status: 
Active

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