A. Definitions: For purpose of this section, the following definitions shall apply:
NETWORK CONNECTION: The number of voice grade communication channels directly between a subscriber and a telecommunications carrier's public switched network without the intervention of any other telecommunications carrier's switched network which would be required to carry the subscriber's interpremises traffic and which connection either: 1) is capable of providing access through the public switched network to a 911 emergency telephone system, if one exists; or 2) if no system exists at the time a surcharge is imposed under this section, which would be capable of providing access through the public switched network to the local 911 emergency telephone system, if one existed.
TELECOMMUNICATIONS CARRIER: Means and includes every corporation, company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees or receivers appointed by any court whatsoever that owns, controls, operates or manages, within this state, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls any franchise, license, permit or right to engage in the provision of, telecommunications services between points within the state which are specified by the user. "Telecommunications carrier" does not include, however:
1. Telecommunications carriers that are owned and operated by any political subdivision, public or private institution of higher education or municipal corporation of this state, for their own use, or telecommunications carriers that are owned by such political subdivision, public or private institution of higher education, or municipal corporation and operated by any of its lessees or operating agents, for their own use;
2. Telecommunications carriers which are purely mutual concerns, having no rates or charges for services, but paying the operating expenses by assessment upon the members of such a company and no other person but does include telephone or telecommunications cooperatives as defined in 220 Illinois Compiled Statutes 5/13-212;
3. A company or person which provides telecommunications services solely to itself and its affiliates or members, or between points in the same building, or between closely located buildings, affiliated through substantial common ownership, control or development; or
4. A company or person engaged in the delivery of community antenna television services as described in 220 Illinois Compiled Statutes 5/13-203, subdivision (c), except with respect to the provision of telecommunications services by that company or person. (Ord. 91-O-15, 6-18-1991; amd. 2009 Code)
B. Surcharge Imposed: A surcharge is hereby imposed upon all telecommunications carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the city and terminating within the state of Illinois for funding of a 911 emergency telephone system. Said surcharge is hereby imposed at a rate of two dollars ($2.00) per month per in-service "network connection", as defined in subsection A of this section. A network connection shall not be deemed to be in service where a subscriber's account is uncollectible. (Ord. 15-O-20, 4-21-2015, eff. 6-1-2015)
C. Exemptions: The city clerk shall provide any telecommunications carrier subject to the surcharge with a certified list of those network connections assigned to the city to be exempt from imposition of the surcharge. The certified list may be revised by the city on sixty (60) days' prior written notice provided to the telecommunications carriers.
D. Surcharge Remittance And Return:
1. Payment Of Surcharge: Every telecommunications carrier shall remit to the city treasurer the amount of surcharge due and owing for each calendar month within thirty (30) days following expiration of each month to which the surcharge applies, net of any network or other 911 or sophisticated 911 system charge then due the particular telecommunications carrier as shown on an itemized bill.
2. Report Required: Simultaneously with the remittance described in subsection D1 of this section, each telecommunications carrier shall make a return to the city treasurer for the period to which the remittance applies, stating as follows:
a. The name of the telecommunications carrier.
b. The telecommunications carrier's principal place of business.
c. The number of network connections to which the surcharge applies.
d. The amount of surcharge due.
e. Such other reasonable and related information as the corporate authorities may require.
E. Credit For Erroneous Payments: If it shall appear that an amount of surcharge has been paid which was not due under the provisions of this section, whether as the result of a mistake of fact or an error of law, then such amount shall be credited against any surcharge due, or to become due, under this section from the telecommunications carrier who made the erroneous payments. Ninety (90) days' prior notice shall be given to the emergency telephone system board on any credit against a surcharge due. (Ord. 91-O-15, 6-18-1991; amd. 2009 Code)