Kotzebue Appropriations Ordinance

CITY OF KOTZEBUE, ALASKA ORDINANCE NO. 06-06

ENTITLED: "AN ORDINANCE ADDING CHAPTER 3.30 TO THE KOTZEBUE MUNICIPAL CODE REGARDING '911 SURCHARGE.' "

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF KOTZEBUE, ALASKA:

Section 1. This is a Code Ordinance.
Section 2. A new Chapter is added to Title 3, "Revenue and Finance," Chapter 3.30, "911 Surcharge," of the Kotzebue Municipal Code. The new Chapter shall be numbered 3.30 and shall be entitled "911 Surcharge" and shall include Sections 3.30.010, "911 Customer Surcharge," 3.30.020, "Remittance," 3.30.030 "Collections" and 3.30.040, "Definitions" and shall read as set forth in Exhibit "A," attached hereto.
Section 3.
Pursuant to Kotzebue Municipal Code 1.12.030(B), this Ordinance shall become effective on July 1, 2006.
Section 4.
Pursuant to Alaska Statute A.S. 29.35.131(a), upon passage of this Ordinance and prior to the effective date of this Ordinance, the City of Kotzebue shall endeavor to notify, in writing, the telephone customers subject to the surcharge and provide an explanation of what the surcharge will be used for.

Introduction: May 4, 2006
Published/posted: May 5, 2006
Public Hearing: May 18, 2006


Chapter 3.30 -- 911 Surcharge

3.30.010 911 Customer Surcharge.

A. A surcharge in an amount to be set by resolution of the city council not to exceed the maximum allowed by A.S. 29.35.131, shall be assessed per month per local exchange access line and for each wireless telephone number that is billed or sold to a customer with an address within the NANA Region and shall be collected to fund the enhanced 911 system provided by the City of Kotzebue to the NANA Region. This surcharge shall be reviewed annually to determine whether the level of surcharge is adequate, excessive or insufficient to meet the anticipated enhanced 911 system needs. A wireline telephone or wireless telephone customer may not be subject to more than one surcharge per local access line or wireless telephone number. A customer that has more than 100 local exchange access lines from a wireline telephone company in the NANA Region is liable for the surcharge only on 100 local exchange access lines.

B. Wireline telephone companies and wireless telephone companies providing service in the NANA Region shall bill and collect the surcharge from their wireline and wireless telephone customers. Funds collected shall be accounted separately from other utility revenues.

C. The wireline and wireless telephone companies shall remit that portion of the surcharge receipts allocable to public safety answering point costs no later than 60 days after the end of the month in which the amount was collected. From each remittance made in a timely manner, each wireline and wireless telephone company is entitled to deduct the greater of one percent of the amount collected or a total of $150.00 per month as the cost of administration for collecting the surcharge. The wireline and wireless telephone companies shall annually furnish to the city a complete list of amounts due for nonpayment of surcharges, together with the names and addresses of those customers who carry a balance that can be determined by the company to be for nonpayment of the surcharge.

D. The city may, at its own expense, require an annual audit of a wireline or wireless telephone company's books and records concerning billing, collection and remittance of the surcharge.

E. A wireless or wireline telephone customer is liable for payment of the surcharge in the amounts billed by the telephone company until the amounts have been paid to the wireline or wireless telephone company.

3.30.020 Remittance.

A. On or before 60 days following the end of the month in which the surcharges were billed, the telephone company shall submit to the City of Kotzebue a return, upon forms provided by the Finance Director, and submit payment for the surcharges due the City of Kotzebue.

B. The return shall be signed upon oath executed by the agent of the telephone company preparing the return and must include: 1. The name and address of the telephone company;
2. The name and title of the person preparing the return;
3. The month being reported for which the surcharges were billed;
4. The amount of gross surcharges billed for the month;
5. The amount of deduction claimed for surcharges previously billed and remitted to the City of Kotzebue, but charged off as uncollectible during the month being reported or estimated charge-offs;
6. The prorated recoveries, representing the month's collection of surcharges previously written off as uncollectible;
7. The amount of deduction claimed for the telephone company's administrative costs to collect the surcharges, which may be the greater of $150.00 or one percent of amount collected;
8. The net amount of remittance due to the City of Kotzebue; 9. Other information and supporting documentation which may be required by the City of Kotzebue.

3.30.030 Collections.

A. Any amount recovered after being charged off by the telephone company as uncollectible shall, after deduction of external collection costs, be prorated between the telephone company and the surcharge based upon their respective percentages of the customer account balance which was charged off.

B. The telephone companies shall annually furnish complete lists of those customers with accounts charged off as uncollectible. The lists shall include the customer name, address and outstanding charged-off balance for surcharges as of December 31.

3.30.040 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Amounts collected" means amounts billed, less amount written off, plus net recoveries of amounts previously written off. Based on collection experience, this may be initially calculated on an estimated basis with periodic adjustments to reflect actual experience.

"Customer," as used in KMC 3.30.010, means each separately billed account. Each wireless telephone number constitutes a separate customer for purposes of this surcharge.

"Enhanced 911 equipment" means any equipment dedicated to the operation of, or use in, the establishment, operation or maintenance of an enhanced 911 system, including customer premises equipment, automatic number identification or automatic location identification controllers and display units, printers, cathode ray tubes, recorders, software and other essential communication equipment.

"Enhanced 911 system" and "system" mean a telephone system consisting of network, data base and enhanced 911 equipment that use the single three-digit number, "911," for reporting a police, fire, medical or other emergency situation, and which enables the users of a public telephone system to reach a public safety answering point to report emergencies by dialing 911. An enhanced 911 system includes the personnel required to acquire, install, operate and maintain the system.

"Local exchange access line" or "local access line" means a telephone line that connects a local exchange service customer to the wireline telephone company switching office and has the capability of reaching local public safety agencies, but does not include a line used by a carrier to provide interexchange services. Local exchange access line or local access line, as used in this chapter, means each line which is assessed a subscriber line charge ("SLC") or a universal access surcharge ("UAS"), and shall also include any wireline telephone company official line. However, local exchange access lines shall not include inter-office trunks, toll trunks or direct inward dialing trunks.

"Local exchange service" means the transmission of two-way interactive switched voice communications furnished by a local exchange telephone company within the NANA Region, including access to enhanced 911 systems.

"Local exchange telephone company" or "wireline telephone company" means any telephone utility certified to provide local exchange service or wireline telephone service in the NANA Region by the Regulatory Commission of Alaska.

"911 service area" and "enhanced 911 service area" mean the area within the NANA Region that has been designated to receive an enhanced 911 system. An area designated to receive an enhanced 911 system under this chapter is not a service area under article X, section 5, of the state constitution.

"Public safety answering point" means a 24-hour local communications facility that receives 911 service calls and directly dispatches emergency response services or that relays calls to the appropriate public or private safety agency.

"Surcharge" means an enhanced 911 system surcharge imposed on wireline and wireless telephones for support of the enhanced 911 system.

"Wireless telephone company" means any telephone company that provides wireless telephone service through cellular, satellite, broadband, radio-based telephone or data transport service, and bills or sells wireless telephone service to a customer with an address within the NANA Region.

"Wireless telephone" means any telephone that is not a wireline telephone that is capable of communication with another device by use of radio waves or satellite signal, which includes cellular, mobile, radio-based, and broadband telephones. Each wireless telephone number is considered a separate wireless telephone for purposes of the surcharge.

"Wireline telephone" means any telephone that uses a local exchange access line.

Posted May 5, 2006


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