SECTION 255.1. Regional Planning Commission 9-1-1 Emergency Service Fee and State Equalization Surcharge

(a) 9-1-1 Emergency Service Fee. The Commission shall set by order the 9-1-1 emergency service fee imposed on local exchange access lines and equivalent local exchange access line as defined in Commission Rule §255.4. The 9-1-1 emergency service fee is imposed only on local exchange access lines or equivalent local exchange access lines in areas in which 9-1-1 service is provided by a regional planning commission (RPC) pursuant to an approved regional plan or by an emergency communication district participating in its RPC's approved regional plan.

(b) The amount of the 9-1-1 emergency service fee may not exceed $0.50 a month for each local exchange access line or equivalent local exchange access line. The Commission may set the fee in a different amount in each RPC region based on the cost of providing 9-1-1 service to each region.

(c) State Equalization Surcharge. The Commission shall set by order the equalization surcharge imposed on local exchange access lines or equivalent local exchange access lines as defined in Commission Rule §255.4 and wireless telecommunications connections as defined in Health and Safety Code §771.001. The equalization surcharge is imposed on all local exchange access lines or equivalent local exchange access lines, including those in an area served by an emergency communication district, even if it is not participating in its RPC's approved regional plan. The equalization surcharge is not imposed on wireless telecommunications connections that constitute prepaid wireless telecommunications service subject to Health and Safety Code §771.0712.

(d) The equalization surcharge may not exceed $0.10 a month for each local exchange access line or equivalent local exchange access line and each wireless telecommunications connection that does not constitute prepaid wireless telecommunications service. The equalization surcharge shall be set at a rate that ensures the aggregate of the anticipated surcharges collected for the following 12 months does not exceed the aggregate of the surcharges collected in the preceding 12 months.

(e) Annual Review. The Commission shall review the 9-1-1 emergency service fee set in subsection (a) of this section and the equalization surcharge set in subsection (c) of this section at least once per year.

(f) Effective Date. A change by the Commission in the 9-1-1 emergency service fee or equalization surcharge shall not become effective before the 90th day after the date notice of a change is provided by the Commission to service providers.

Source Note: The provisions of this §255.1 adopted to be effective June 3, 1988, 13 TexReg 2365; amended to be effective December 27, 1991, 16 TexReg 7173; amended to be effective December 24, 1993, 18 TexReg 9180; amended to be effective December 30, 2001, 26 TexReg 10495; amended to be effective August 28, 2005, 30 TexReg 4809; amended to be effective December 6, 2011, 36 TexReg 8227