2012 Pennsylvania Consolidated Statutes
Title 35 - HEALTH AND SAFETY
Chapter 53 - Emergency Telephone Service
Section 5311.14 - Collection and disbursement of VoIP 911 fee

     § 5311.14.  Collection and disbursement of VoIP 911 fee.
        (a)  VoIP service customer 911 contribution.--
            (1)  Each VoIP provider or telecommunications carrier
        shall collect a $1 fee per month for each telephone number or
        successor dialing protocol assigned by a VoIP provider to a
        VoIP service customer number that has outbound calling
        capability. The following apply:
                (i)  The fee, minus the actual uncollectibles
            experienced by the VoIP provider, shall be remitted:
                    (A)  quarterly; or
                    (B)  at the option of the provider or
                telecommunications carrier, monthly.
                (ii)  The remittance shall be made as follows:
                    (A)  Except as set forth in clause (B), to the
                county treasurer.
                    (B)  In a home rule county, as follows:
                        (I)  To the county official responsible for
                    the collection and disbursement of funds.
                        (II)  At the option of the remitter, to the
                    State Treasurer. Election of the option shall be
                    by regulations established by the agency, which
                    shall include appropriate notification to the
                    affected counties of the exercise of this option.
                (iii)  The fee shall be stated separately in the VoIP
            service customer's paper or electronic billing, and the
            fee shall be collected apart from and in addition to any
            fee levied by the VoIP provider in whole or in part for
            the provision of 911 services or E-911 services.
            (2)  In the case of VoIP service customers purchasing
        multiple dial tone telephone access lines from a VoIP
        provider, the following multipliers shall be applied to
        determine the contribution rate of each customer:
                (i)  For the first 25 lines, each line shall be
            billed at the approved contribution rate.
                (ii)  For lines 26 through 100, each line shall be
            billed at 75% of the approved contribution rate.
                (iii)  For lines 101 through 250, each line shall be
            billed at 50% of the approved contribution rate.
                (iv)  For lines 251 through 500, each line shall be
            billed at 20% of the approved contribution rate.
                (v)  For lines 501 or more, each line shall be billed
            at 17.2% of the approved contribution rate.
            (3)  If a VoIP provider receives a partial payment for a
        monthly bill from a VoIP service customer, the VoIP provider:
                (i)  may first apply the payment against the amount
            the VoIP service customer owes the VoIP provider; and
                (ii)  shall then remit to the county or the State
            Treasurer the lesser amount resulting from the
            application of the payment.
            (4)  The fees collected and remitted under this
        subsection shall not:
                (i)  be subject to taxes or charges levied by the
            Commonwealth or a political subdivision; nor
                (ii)  be considered revenue of the VoIP provider for
            any purpose.
            (5)  As reimbursement for administrative costs to cover
        its expenses of billing, collecting and remitting the fees
        during the reporting period, the VoIP provider is allowed to
        retain for reimbursement up to the following percentages of
        the total fees collected under this subsection:
                (i)  If remittance is made to the county, 2%.
                (ii)  If remittance is made to the State Treasurer,
            1%.
            (6)  To the extent that a VoIP provider obtains
        connections to the public switched telephone network from a
        telecommunications carrier, that telecommunications carrier
        shall not be required to assess or make contributions to any
        911 or E-911 fund in connection with the customers or the
        telephone numbers for which the VoIP provider is responsible
        for collecting and making contributions under this section.
        If, however, the telecommunications carrier is, by agreement
        with the VoIP provider, required to make 911 or E-911
        contributions on behalf of the VoIP provider customer, the
        VoIP provider shall not be responsible for collecting and
        making contributions under this section.
        (b)  Reporting by VoIP providers.--
            (1)  With each remittance under subsection (a), a VoIP
        provider and telecommunications carrier shall supply the
        following information to the individual receiving the
        remittance and to the agency the total fees collected under
        subsection (a)(1) from its VoIP service customers during the
        reporting period. If the telecommunications carrier has
        remitted the fees to the county or the agency pursuant to an
        agreement with the VoIP provider, the VoIP provider shall
        provide notification of the reporting agreement along with
        the telecommunications carrier's name and 911 or E-911
        account number.
            (2)  A VoIP provider and telecommunications carrier shall
        provide the county or, if remitting to the State Treasurer,
        the agency with requested information, including the primary
        place of use of each interconnected VoIP service customer, in
        order to discharge its obligations under this section. The
        information shall be in writing. This paragraph includes the
        collection and deposit of the VoIP fee and its administration
        of the fund.
        (b.1)  Confidentiality.--Information supplied by VoIP
     providers under this section shall remain confidential, and
     release of the information shall be governed by section 5311.7
     (relating to public disclosure and confidentiality of
     information).
        (c)  Collection enforcement.--A VoIP provider has no
     obligation to take legal action to enforce the collection of a
     fee imposed under this section.
        (d)  Deposit of remitted fees.--The individual who receives
     fees remitted under this section shall deposit receipts into the
     restricted account established under section 5307(c) (relating
     to collection and disbursement of contribution).
        (e)  Establishment of fund.--There is established in the
     State Treasury a nonlapsing restricted interest-bearing account
     to be known as the VoIP 911 Emergency Services Fund. The VoIP
     911 Emergency Services Fund shall consist of the fees remitted
     to the State Treasurer under this section.
        (f)  Distribution of fees.--Money in the VoIP 911 Emergency
     Services Fund and the interest it accrues are appropriated on a
     continuing basis to the agency to be disbursed by the agency.
     The agency shall make quarterly disbursements from the account
     to each county by March 31, June 30, September 30 and December
     31 in an amount equal to the amount of fees collected from VoIP
     service customers located in that county. The disbursements are
     for the purpose of assisting counties with the implementation of
     an agency-approved plan adopted under section 5305 (relating to
     county plan). The agency may retain up to 1% of the fees for
     costs incurred in administering this subsection.