W. Va. Code R. § 150-32-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-32-3 - Billing and Collection of E911 Fees

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.

W. Va. Code R. § 150-32-3