A. Surcharge Imposed: A surcharge is hereby imposed upon the monthly billed subscribers of telecommunication carriers residing within the village for funding a 9-1-1 emergency telephone system. A monthly billed subscriber shall be deemed to reside within the village if the "service address", as hereinafter defined, is located within the village.
B. Definitions: When used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
NETWORK CONNECTION: The number of voice grade communication channels directly between a subscriber and a telecommunication carrier's public switched network without the intervention of any other telecommunication carrier's switched network which would be required to carry the subscriber's interpremises traffic.
SERVICE ADDRESS: The location of the subscriber's telecommunications facilities accessing the network connection or connection(s) that are subject to the surcharge.
TELECOMMUNICATIONS CARRIER: Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint adventure, corporation, municipal corporation or political subdivision of this state, or a receiver, trustee, conservator or other representative appointed by order of any court engaged in the business of transmitting messages by means of electricity.
C. Certified List Of Connections: The village clerk shall provide any telecommunication carrier collecting the surcharge with a certified list of those network connections assigned to the municipality to be exempt from imposition of the surcharge. The certified list may be revised by the municipality on sixty (60) days' prior written notice provided to the telecommunication carriers.
D. Reimbursement For Costs Of Collection: Each telecommunication carrier is hereby authorized and instructed to deduct three percent (3%) from the gross amount of surcharge collected prior to remittance in reimbursement for the expense of accounting and collecting the surcharge.
E. Remittance By Carriers To The Village:
1. Time Payment Due: Every telecommunication carrier shall remit to the village treasurer the amount of surcharge collected for each calendar month within thirty (30) days following expiration of each month to which the surcharge applies, net of any network or other 9-1-1 or sophisticated 9-1-1 system charge then due to the particular telecommunication carrier as shown on an itemized bill and the three percent (3%) accounting and collection charge.
2. Payment Of Surcharge: Each telecommunication carrier shall make a return to the village treasurer for the period to which the remittance applies stating as follows:
a. Name of the telecommunication carrier.
b. Telecommunication carrier's principal place of business.
c. Number of network connections to which the surcharge applies.
d. Amount of surcharge collected.
e. Such other reasonable and related information as may be required.
3. Surcharge Credit: If it shall appear that an amount of surcharge has been paid which was not due, 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; provided, that no amounts erroneously paid more than three (3) years prior to the filing of a claim therefor shall be so credited. Ninety (90) days' prior notice shall be given to the emergency telephone system board 1 on any credit against a surcharge due.
4. Limitation On Surcharge Recovery: No action to recover any amount of surcharge due shall be commenced more than three (3) years after the due date of such amount. (1997 Code)
Notes
| 1 | 1. See title 2, chapter 9 of this code. |