ORD-2012-042 Refund of Funds to the County's Emergency Telephone Fund (911)

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18 distribution program. The Commission shall prepare such guidelines for the distribution program as it deems appropriate and in the public interest. Both the Commission and the Public Staff may audit all aspects of the telecommunications relay service program, including the distribution programs, as they do with any public utility subject to the provisions of this Chapter. Equipment paid for with surcharge revenues, as allowed by the Commission, may be distributed only by the Department of Health and Human Services. (e) Administration of Service. - The Department of Health and Human Services shall administer the statewide telecommunications relay service program, including its establishment, operation, and promotion. The Department may contract out the provision of this service for four-year periods to one or more service providers, using the rovisions of G.S. 143-129. (f) Charge to Users. -The users of the telecommunications relay service shall be charged their approved long distance and local rates for telephone services (including the surcharge required by this section), but no additional charges may be imposed for the use of the relay service. The local service providers shall collect revenues from the users of the,relay service for long distance services provided through the relay service. These revenues shall be deposited in the special fund established in subsection (d) of this section in a manner determined by the Commission after consulting with the State Treasurer. Local service providers shall be compensated for collection, inquiry, and other administrative services provided by said companies, subject to the approval of the Commission. (g) Reporting Requirement. - The Commission shall, after consulting with the Department of Health and Human Services, develop a format and filing schedule for a comprehensive financial and operational report on the telecommunications relay service program. The Department of Health and Human Services shall thereafter prepare and file these reports as required by the Commission with the Commission and the Public Staff. The Department shall also be required to report to the Revenue Laws Study Committee. (h) Power to Regulate. -The Commission shall have the same power to regulate the operation of the telecommunications relay service program as it has to regulate any public utility subject to the provisions of this Chapter. (i) Wireless Surcharge. - A CMRS provider, as part of its monthly billing process, must collect the same surcharge imposed on each exchange access facility under this section for each CMRS connection. A CMRS provider may deduct a one percent (1%) administrative fee from the total amount of surcharge collected. A CMRS provider shall remit the surcharge collected, less the administrative fee, to the Wifeless 911 Board in the same manner and with the same frequency as the local service providers remit the surcharge to the State Treasurer. The Wifeless 911 Board shall remit the funds collected from the surcharge to the special account created under subsection (d) of this section." SECTION 5. G.S. 105-130.5(b)(17)reads as rewritten: "(17) To the extent included in federal taxable income, 911 charges imp under G.S. 62A-43 and remitted to the 911 Fund under that section.the ' ^ a' A� r-emitted to a i i ,,,o.,+„raor n e 9_2A ti .b.. The f4upt „f«,;„°Joss e ,.ha-ges eerie„+va wide. i. less ev3 r SECTION 6. G.S. 105-164.13(54)c.reads as rewritten: "c. 911 charges imposed under G.S. 4—or---.S-62 G.S. 62A-43 and remitted to the 911 Fund under n�-0-�2�1��r-th e :rii eles Fun M ae.F G.S. 62A-44-.that section.” Page 12 Session Law 2007-383 SL2007-0383