2017 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS .7635 Duty of commercial mobile radio service providers to act as collection agents for postpaid service charges for fund -- Procedure for collection of service charges before and after January 1, 2017.
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65.7635 Duty of commercial mobile radio service providers to act as collection
agents for postpaid service charges for fund -- Procedure for collection of
service charges before and after January 1, 2017.
(1)
(2)
(3)
(4)
(5)
Each CMRS provider shall act as a collection agent of the CMRS postpaid service
charge for the CMRS fund. From its customers, the provider shall, as part of the
provider's billing process, collect the CMRS postpaid service charges levied upon
CMRS connections under KRS 65.7629(3) from each CMRS connection to whom
the billing provider provides CMRS. Each billing provider shall list the CMRS
postpaid service charge as a separate entry on each bill which includes a CMRS
postpaid service charge. If a CMRS provider receives a partial payment for a
monthly bill from a CMRS customer, the provider shall first apply the payment
against the amount the CMRS customer owes the CMRS provider. For CMRS
customers who purchase CMRS services on a prepaid basis, the CMRS service
charge shall be determined according to one (1) of the following methodologies as
elected by the CMRS provider, until January 1, 2017, at which time the CMRS
prepaid service charge imposed under KRS 65.7634 and collected under KRS
142.100 to 142.135 shall take effect and paragraphs (a) and (b) of this subsection
shall no longer be in force:
(a) The CMRS provider shall collect, on a monthly basis, the CMRS service
charge specified in KRS 65.7629(3) from each active customer whose account
balance is equal to or greater than the amount of service charge; or
(b) The CMRS provider shall divide its total earned prepaid wireless telephone
revenue received with respect to its prepaid customers in the Commonwealth
within the monthly 911 emergency service reporting period by fifty dollars
($50), multiply the quotient by the service charge amount, and pay the
resulting amount to the board.
A CMRS provider has no obligation to take any legal action to enforce the
collection of the CMRS postpaid service charges for which any CMRS customer is
billed. Collection actions to enforce the collection of the CMRS postpaid service
charge against any CMRS customer may, however, be initiated by the state, on
behalf of the board, in the Circuit Court of the county where the bill for CMRS
service is regularly delivered, and the reasonable costs and attorneys' fees which are
incurred in connection with any such collection action may be awarded by the court
to the prevailing party in the action.
State and local taxes shall not apply to a separately stated CMRS postpaid service
charge.
To reimburse itself for the cost of collecting and remitting the CMRS postpaid
service charge, each CMRS provider may deduct and retain from the CMRS
postpaid service charges it collects during each calendar month an amount not to
exceed one and one-half percent (1.5%) of the gross aggregate amount of CMRS
postpaid service charges it collected that month.
All CMRS postpaid service charges imposed under KRS 65.7621 to 65.7643
collected by each CMRS provider, less the administrative fee described in
subsection (4) of this section, are due and payable to the board monthly and shall be
remitted on or before thirty (30) days after the end of the calendar month. Collection
actions may be initiated by the state, on behalf of the board, in the Franklin Circuit
Court or any other court of competent jurisdiction, and the reasonable costs and
attorneys' fees which are incurred in connection with any such collection action may
be awarded by the court to the prevailing party in the action.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 111, sec. 12, effective July 15, 2016. -- Amended
2006 Ky. Acts ch. 219, sec. 7, effective July 12, 2006. -- Created 1998 Ky. Acts ch.
535, sec. 8, effective July 15, 1998.
Legislative Research Commission Note (7/12/2006). Although 2006 Ky. Acts ch. 219,
sec. 7, subsec. (5), contains a reference to "subsection (3) of this section," that
reference has been codified as "subsection (4) of this section" because subsection (2),
which was struck in the introduced version of the bill, was restored in the House
Committee Substitute, but the necessary adjustment to this internal reference was not
made. This manifest typographical or clerical error has been corrected in codification
under KRS 7.136(1)(h).
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