Alabama Administrative Code
Title 585 - ALABAMA STATEWIDE NINE - ONE - ONE BOARD
Chapter 585-X-4 - COLLECTION AND DISBURSEMENT OF SERVICE CHARGES
Section 585-X-4-.03 - Eligibility and Requirements for Cost Recovery Proposals and Sworn Invoices by or on Behalf of CMRS Providers
Current through Register Vol. 42, No. 5, February 29, 2024
(1) Any CMRS provider wishing to participate in cost recovery pursuant to Sections 11-98-5.2(b) and (c) and 11-98-7, Code of Ala. 1975, as amended, shall certify to the Board that it does not then collect a cost recovery or other similar separate charge from its customers or subscribers. Said certification is due by November 30 or each year and if a CMRS carrier elects to begin collecting cost recovery or other similar separate charges at any time following its November 30 certification it shall immediately notify the Board and is ineligible to participate in cost recovery reimbursement until ceasing the collection from its customers or subscribers and providing the certification required under Section 11-98-5.2(c), Code of Ala. 1975.
(2) Each eligible CMRS provider wishing to participate in cost recovery shall submit a cost recovery plan and proposal to the Board by November 30, of each year detailing the recurring and nonrecurring charges for which reimbursement will be sought and detailing total Phase I recurring charges, Phase I non-recurring charges, Phase II recurring charges and Phase II non-recurring charges. All costs and charges submitted in the cost recovery plan must be commercially reasonable and shall be directly related to compliance with the FCC order and other requirements for enhanced 9-1-1 service.
(3) All CMRS providers seeking reimbursement for actual costs incurred to provide 9-1-1 or E9-1-1 service pursuant to Sections 11-98-5.2 and 11-98-7, Code of Ala. 1975, shall complete and submit a sworn invoice containing the following:
(4) A CMRS provider that fails to timely submit its cost recovery proposal in accordance with subsection (2) for the ensuing fiscal year shall be deemed ineligible and precluded from participating in cost recovery during the ensuing fiscal year. However, a CMRS provider deemed ineligible for cost recovery in the ensuing fiscal year for failure to timely file its cost recovery plan may request reinstatement of its eligibility by showing good cause in writing explaining in detail the facts and circumstances purporting to excuse its non-compliance. The Board may permit a representative of the CMRS to appear before the Board and the Board may consider the facts and circumstances and determine whether relief is justified.
Author: James T. Sasser
Statutory Authority: Code of Ala. 1975, § 11-98-4.1, as amended.