West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-32 - Rules Governing Billing, Collection And Remission Of E911 Fees By Providers Of Voice over Internet Protocol Service
Section 150-32-3 - Billing and Collection of E911 Fees
Universal Citation: 150 WV Code of State Rules 150-32-3
Current through Register Vol. XLI, No. 13, March 29, 2024
3.1. Billing agency and administrative charges.
3.1.a. Subject to the regulations in
these rules, each provider of VoIP service may act as a billing agent for the
lawful county E911 fee on the bills rendered by the VoIP provider to its
customers in each county in which the provider of VoIP service provides
service. The provider of VoIP service may retain an administrative charge of up
to three percent (3%) of the fees collected.
3.2. Regulations.
3.2.a. VoIP Service Location.
3.2.a.1. VoIP service is considered located
within this state if it is used primarily in this state. A provider of VoIP
service may rely upon a subscriber's declaration of the state in which the
subscriber primarily uses the service. If the subscriber does not declare a
state of primary use, the provider of VoIP service shall treat the registered
service address as the state of primary use.
3.2.b. Implementation of fee.
3.2.b.1. To the extent consistent with
federal law and regulation, a provider of VoIP service shall begin acting as a
billing agent for a county commission's fee when it begins providing VoIP
service in that county, and shall implement changes in the amount of the fee
within one hundred twenty (120) days of the receipt of notice under these
rules, subject to any application for waiver as provided in these
rules.
3.2.c. Notice of
change in amount of fee.
3.2.c.1. A provider
of VoIP service remitting fees to a county commission under these rules shall
provide the county commission with an address for receipt of notices of changes
in the amount of the fee. A county commission shall give each provider of VoIP
service no less than one hundred twenty (120) days' notice of any change in the
amount of the fee. This notice must include a certified copy of the applicable
ordinance.
3.2.d.
Separate line item.
3.2.d.1. Unless doing so
is not reasonably feasible in its billing systems, the provider of VoIP service
shall show the lawful E911 fee as a separate line item on the billing
statement. Where a single bill is rendered for multiple VoIP service lines or
line equivalents, the total applicable fee may appear as a single line on the
bill. If a provider of VoIP service has a billing system for which showing a
separate line item is not reasonably feasible, it shall notify the affected
county commissions and the public service commission, and make application for
a waiver under these rules.
3.2.e. Application and payment of fee.
3.2.e.1. A single E911 fee is to be billed
and collected per VoIP service line or line equivalent. The number of a
subscriber's VoIP service lines or line equivalents is equal to the number of
E911 charges applied to equivalent wireline telephone services. The E911 fee is
due and payable by customers on the same basis as the rates and charges for
VoIP service.
3.2.f.
Arrangements between providers and agents.
3.2.f.1. Providers of VoIP service may make
arrangements with agents for the billing, collection and remission of E911
fees, including but not necessarily limited to wholesale provision of VoIP. In
those instances, only a single E911 fee is to be billed and collected for each
VoIP service line or line equivalent.
3.2.g. Remission of fees.
3.2.g.1. A provider of VoIP service, or an
agent of a provider of VoIP services, billing a county E911 fee under these
rules shall remit no later than the twenty-fifth (25th) day of each month the
total fees collected during the previous month. In calculating the total fees
collected, the provider of VoIP service or its agent may deduct the fees
uncollectible or uncollected from the total fees billed, using its current rate
of uncollectible revenues or other reasonable methodology. The fees may be
remitted directly to the county commission, or may be remitted to any agent of
the county commission designated by the commission in writing. When a provider
of VoIP services uses an agent for the billing, collecting, and remission of
E911 fees, the agent is only liable to a county commission for remission of
E911 fees to the extent the agent has received such fees from VoIP subscribers
and the provider of VoIP services. A provider of VoIP services shall be liable
to a county commission to the extent it fails to remit to its agent E911 fees
collected from subscribers.
3.2.h. Over-remission and under-remission.
3.2.h.1. In the event that the amount
remitted to a county commission or its agent by a provider of VoIP service is
greater or less than the amount due, the liability of the county commission or
of the provider of VoIP service is discharged by the return of the amount
overpaid or the payment of the remaining amount due, whichever the case may be.
In either case, no interest is due.
3.2.i. Refusal by customer to pay.
3.2.i.1. If a customer of VoIP service
refuses to pay the E911 fee, the provider of VoIP service may remove any or all
E911 fees from the customer's account. The county commission is responsible for
the collection of E911 fees not billed due to the customer's refusal to
pay.
3.2.j.
Back-billing.
3.2.j.1. In the event that an
E911 fee is not billed, the provider of VoIP service may back-bill the fee,
unless the county commission directs otherwise. If the county commission
directs the provider of VoIP service not to back-bill any such E911 fee, the
obligations of the provider of VoIP service with respect to that fee are
discharged.
3.2.k.
Liability limitation.
3.2.k.1. Except for
willful or wanton misconduct, neither a county commission nor a provider of
VoIP service is liable in connection with administering E911 fees in accordance
with, or in a good faith attempt to comply with, these
rules.
3.2.l.
Confidentiality of customer and trade secret information.
3.2.l.1. In recognition of the fact that
information pertaining to numbers of customers and revenues collected by
providers of VoIP service is obtained and maintained in a competitive
environment and that information pertaining to the providers' subscribers could
be used to the disadvantage of the participating provider of VoIP service, such
information must be held in confidence, and may not be released without first
notifying the provider and affording it a reasonable opportunity to protect its
information as a trade secret under W. Va. Code §
29B-1-1, et
seq., or otherwise.
3.3. Waivers and petitions.
3.3.a. Waivers for alternative methods of
administration.
3.3.a.1. A provider of VoIP
service may petition the Commission for a waiver of these rules in favor of an
alternative method of administering E911 fees. Any such petition must 1) be
verified, 2) provide good cause why the waiver should be granted, 3) state the
duration for which the waiver is requested, and 4) state the alternate method
by which the provider of VoIP proposes to administer the billing, collection or
remission of E911 fees. Petitions for an emergency waiver must clearly state
the reasons for emergency relief. The Commission shall liberally grant the
petition where the proposed alternative methodology is
reasonable.
3.3.b.
Hardship waivers.
3.3.b.1. If hardship
results from the application of these rules, or if unusual difficulty is
involved in immediately complying with it, or upon other good cause shown,
application may be made to the Commission for a temporary or indefinite waiver
of the requirement. The petition must 1) show good cause why the Commission
should grant the hardship waiver and 2) explain the hardship or unusual
difficulty. If the petition seeks a delay in the remission of E911 fees, the
verified petition for a waiver must set forth a proposed timetable for the
overdue amount to be remitted.
3.3.c. Other petitions.
3.3.c.1. The Commission also may entertain
petitions from a county commission, the Commission Staff or a third party
regarding E911 fees that have not been properly remitted, or the Commission may
investigate the matter on its own motion. Any such petitions must clearly
explain what happened and specify any action that is requested of the
Commission. Any such petition must be verified.
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