60FF-5.004: Requirements for Fee Remittance Submitted by or on Behalf of Wireless and Non-wireless Service Providers
PURPOSE AND EFFECT: The Board proposes to promulgate and adopt the new rule to set forth the procedural requirements for submitting and reporting the 911 fees required by Section 365.172, Florida Statutes.
SUMMARY: The new rule will set forth the procedural requirements for submitting and reporting the 911 fees required by Section 365.172, Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Board intends to prepare a Statement of Estimated Regulatory Cost to at a later date.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 365.172(6)(a)11., 365.172(8), 365.173(2) FS.
LAW IMPLEMENTED: 365.173(2)(d) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John C. Ford, Chair, E911 Board, 4030 Esplanade Way, Suite 235M, Tallahassee, Florida 32399-0950
THE FULL TEXT OF THE PROPOSED RULE IS:
60FF-5.004 Requirements for Fee Remittance Submitted by or on Behalf of Wireless and Non-wireless Service Providers.
(1) All non-wireless and wireless service providers shall remit fees pursuant to Section 365.172(8), F.S. The rate of the wireless and non-wireless E911 fee is set by the E911 Board, but may not exceed 50 cents per month per each service identifier or prepaid calling arrangement.
(2) The non-wireless local exchange provider subscriber fee is applied uniformly statewide, except for those counties that, before July 1, 2007, had adopted an ordinance or resolution establishing a fee less than 50 cents per month per access line.
(3) Wireless providers shall bill the fee to a subscriber on a per-service-identifier basis for service identifiers whose primary place of use is within this state.
(4) The fee shall be assessed on or collected from a wireless service provider with respect to an end user’s service if that end user’s service is a prepaid calling arrangement subject to Section 212.05(1)(e), F.S. For the purposes of collecting the E911 fees, “prepaid calling arrangement providers” will be identified by the provider named on the prepaid wireless card or phone product purchased.
(a) The collection method(s) for the prepaid wireless fee shall be determined based on a single or combination of methods depending on the service provider’s service(s). The menu of collection methods include:
1. Flat Fee Active Account Collection Method – monthly collection basis from each active prepaid subscriber whose account balance is equal to or greater than the amount of the fee.
2. Flat Fee Aggregate Collection Method – monthly collection basis according to a computed formula of aggregate prepaid service provider revenues; number of calculated accounts equals (the revenue divided by the average revenue per user) which is then multiplied by the subscriber fee. The average revenue per user on the Flat Fee Aggregate Collection Method is the national average per user according to CTIA or the individual provider average revenues per users not to exceed $50. The average revenue per user will be set for a two year period.
3. Point of Sale Flat Fee Collection Method – $0.50 per prepaid calling arrangement collection basis where the E911 fee is collected at the point of sale, located in Florida or with a Florida address, on all prepaid calling arrangements sold for primary use in Florida.
4. Other Collection Method – based on E911 Board and service provider mutually agreeable method.
(b) Each prepaid wireless service provider shall notify the Board of the collection method or combination of methods utilized for fee collection based on the service provider’s service(s) provided to Florida subscribers. The initial notification shall be included with the first remittance. Service providers shall notify the Board of subsequent changes to the collection method or combination of methods sixty days prior to implementing the collection method. Service providers requesting to utilize the “Other Collection Method” shall submit their proposal in writing to the E911 Board. The provider’s representative shall be prepared to attend the E911 Board meeting, either in person or via teleconference, to explain the proposal and any issues at a monthly E911 Board Meeting.
(5) Each provider may retain one percent of the amount of the fees collected as reimbursement for the administrative costs incurred by the provider to bill, collect, and remit the fee. The remainder shall be delivered to the board and deposited by the board into the fund.
(6) Fees shall be submitted to the Board within 60 days after the end of the month in which the fee was collected, together with a monthly report of the number of service identifiers in each county. The information shall be submitted to the E911 Board at the following address:
State of Florida E911 Board
ATTN: Financial Management Services
Post Office Box 7117
Tallahassee, Florida 32399-0950.
(a) Service providers collecting less than $50 per month of total fee remittances shall provide monthly reports of the number of service identifiers in each county. The reports and the fee remittances are due to the Board on a quarterly basis.
(b) All service providers providing fee remittance for 911 or E911 service pursuant to Section 365.173(2), F.S., shall provide the following information with the fee remittance.
1. Service provider’s name and address; Contact Person: Contact Phone Number: E-mail Address;
2. Date of remittance report;
3. Service collection period;
4. Itemization of fee remittance revenue per county, include:
a. County;
b. Total Subscribers: Each provider shall report the number of service identifiers for subscribers or access line based on the county of primary use;
c. Gross Fees Collected Unit cost of each item;
d. 1% Provider Allowance;
e. Adjustment;
f. Description of any adjustment or other pertinent notation; and
g. Net Fees Collected.
5. Remittance Check Amount, Check Date, and Check Number; and
6. The following certification shall be part of the form: These amounts are submitted in compliance with Florida Statutes 365.172, 365.173 and 365.174 along with ordinances and definitions held within. Under penalties of perjury, I declare that I have verified the foregoing and the amounts alleged are true, to the best of my knowledge and belief.
(c) In lieu of submitting a signed Florida Emergency Communications Number E911 System Remittance Report, it can be electronically transmitted to the Board’s administrative staff.
(d) Third party companies submitting fee remittances on behalf of wireless and nonwireless service providers shall provide a contact person, address, contact phone number and e-mail address to respond to all E911 Staff inquires about the fee remittances.
(7) The service providers shall provide their company contact 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 shall be prepared to attend the E911 Board meeting, either in person or via teleconference, to explain these issues at the monthly E911 Board Meeting.
(8) Service – providers that fail to collect or deliver collected E911 fee revenue and remittance information within the 60 day submission timeframe shall be subject to collection costs required to obtain the fee revenue and to lost interest revenue, calculated in accordance with Section 55.03, Florida Statutes, on the unpaid E911 fee revenues due. The one percent provider allowance shall be applied to offset the total amount of collection costs and lost interest due to the Board, and the service provider shall be obligated to the Board for any remaining balance due.
(9) A service provider may request relief from the monetary obligations resulting from its noncompliance by showing good cause in writing explaining in detail the facts and circumstances purporting to excuse its noncompliance. The service provider’s representative shall be required to appear, either in person or via teleconference, at the next ensuing Board meeting to present its position and answer any questions from the Board. The Board, in the exercise of its powers enumerated in Sections 365.172(5) and (6), Florida Statutes, shall consider the facts and circumstances and determine whether relief is justified to avoid imposition of a substantial hardship or a violation of the principles of fairness, and whether relief would serve the purpose of Sections 365.172, 365,173, 365.174, and particularly 365.172(8), Florida Statutes.
Rulemaking Authority 365.172(6)(a)11., 365.173(2)(d) FS. Law Implemented 365.173(2)(d) FS. History–New