2006 Nebraska Revised Statutes - § 86-457 — Surcharge.

Section 86-457
Surcharge.
Section 86-457

(1) Each wireless carrier who has a customer, other than a prepaid customer or a customer in a county containing a city of the metropolitan class, whose primary place of use is in Nebraska , shall collect a surcharge of up to seventy cents per month per access line. Each wireless carrier who has a customer in a county containing a city of the metropolitan class shall collect a surcharge of not more than fifty cents per month per access line. The wireless carrier shall add the surcharge to each customer's billing statement. The wireless carrier is not liable for any surcharge not paid by a customer and is not obligated to take legal action to collect the surcharge. The surcharge shall appear as a separate line-item charge on the customer's billing statement and shall be labeled as "Enhanced Wireless 911 Surcharge" or a reasonable abbreviation of such phrase. The commission may take any legal action as it deems necessary to collect unpaid surcharges in its own name, as a real party in interest, or by assigning such debt for collection to a third party.

(2) If a wireless carrier resells its services through other entities, each reseller shall collect the surcharge from its subscribers and shall remit the surcharge in accordance with section 86-459.

(3) Beginning on July 1, 2007, each wireless carrier who has a prepaid customer shall remit a surcharge from each prepaid customer in the amount established in subsection (1) of this section. A wireless carrier may collect such surcharge from prepaid customers using one of the following methods:

(a) The wireless carrier shall divide the total earned prepaid wireless telephone revenue received by the wireless carrier within the monthly reporting period by fifty dollars and multiply the quotient by the surcharge amount;

(b) The wireless carrier shall collect on a monthly basis the surcharge from each customer's active, prepaid account. A customer with two or more active, prepaid accounts shall be assessed a separate surcharge for each active, prepaid account; or

(c) A wireless carrier shall remit the surcharge upon the activation of the active, prepaid account and upon each replenishment of additional minutes purchased by the prepaid customer.

Source:

Laws 2001, LB 585, § 2

R.S.Supp.,2001, § 86-2202

Laws 2002, LB 1105, § 258

Laws 2003, LB 187, § 31

Laws 2006, LB 1222, § 8.

~Revised Statutes Cumulative Supplement, 2006