Not withstanding any other rule previously adopted by the Alabama Statewide 911 Board, in light of the delay in adoption of permanent rules for the implementation of the statewide 911 service charge, and evidence received by the Board regarding the technical barriers to implementation of billing changes necessary to meet the requirements of Emergency Rule 5 (585-X-l-.05) and Emergency Rule 6 (585-X-1.06) by the October 1, 2013 implementation deadline, wireline service providers shall bill, on a transitional basis, the statewide 911 service charge for the following non- VoIP services as follows:
- Where a subscriber obtains voice communication service by purchasing such services via digital service platforms, such as a T-1 based PRI, the provider shall assess and collect the 911 service charge for each active voice channel that is configured for and capable of accessing a 911 system.
- The Executive Director of the Statewide 911 Board is authorized to accept current remittance forms, adapted to reflect. the current requirements of Sections 11-98-5 and 11-98-5.2 Ala.Code 1975, as amended, for a period of ninety (90) days or until the adoption of permanent rules.
The Board finds that the transitional billing rule adopted herein is consistent with the provisions of Emergency Rule 1 (585-X-l-.0l) adopted by the Board at the time of calculation of the statewide 911 charge, and is thus reasonably calculated to meet the funding requirements of Sections 11-98-5 and 11·-98-5.2 during the transitional period.
The need for a transitional rule was not apparent until receipt of recent comments from various service providers, and was thus not anticipated when the proposed permanent rules were published on July 30, 2013 or when emergency rules were adopted on August 28, 2013. Failure to adopt this transitional billing rule could imperil the implementation of the statewide 911 charge, and thus constitute an immediate danger to public safety and welfare. This transitional billing rule shall remain in force until expressly superseded by a permanent rule adopted by the Alabama Statewide 911 Board, or otherwise terminated by law, or by December 31,2013, whichever occurs first.
Nothing contained within this transitional rule should be construed or relied upon as an indication of permanent intent of the Board regarding the adoption of permanent rules related to this matter.