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47 U.S.C. § 251aState authority over fees

submitted 6 years ago by Pub. L. 116-172 to r/title-47-TELECOMMUNICATIONS · 547 words · no verdicts yet

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States, tribes, and similar governments can charge phone customers a fee to fund 9-8-8 crisis line services. The money must stay in a separate account, used only for 9-8-8 services. The FCC must report yearly on how each government collects and spends these fees.

(a) Authority: (1) In general: Nothing in this Act, any amendment it makes, the Communications Act of 1934, or any FCC regulation or order stops a state, a political subdivision of a state, an Indian Tribe, or an Alaska Native village or regional corporation from imposing and collecting a fee or charge on a commercial mobile service or an IP-enabled voice service, specifically for 9–8–8 related services — as long as the fee is held in a sequestered account, to be spent only on 9–8–8 services or improvements to them, as described in the state or local law that adopted the fee. (2) Use of 9-8-8 funds: A fee collected under this subsection may only be imposed, collected, and used to pay expenses the government reasonably expects to incur that are tied to: (A) making sure calls to the 9–8–8 national suicide prevention and mental health crisis hotline are routed efficiently and effectively to the right crisis center; and (B) staff and the delivery of acute mental health care, crisis outreach, and stabilization services, by directly responding to 9–8–8 calls. (b) Fee Accountability Report: To ensure efficiency, transparency, and accountability in collecting and spending 9–8–8 fees, the FCC must, within 2 years after October 17, 2020, and every year after that, submit a report to the Senate Commerce and Appropriations Committees and the House Energy and Commerce and Appropriations Committees. The report must (1) detail the status, in each state, political subdivision, Indian Tribe, or Alaska Native village or regional corporation, of collecting and distributing these fees; and (2) report any findings on revenue obligated or spent for a purpose other than the one the fee was specified for. (c) Definitions: (1) "Commercial mobile service" has the meaning given that term in section 332(d) of the Communications Act of 1934. (2) "Commission" means the Federal Communications Commission. (3) "IP-enabled voice service" includes: (A) an interconnected VoIP service, as defined in section 9.3 of title 47 of the Code of Federal Regulations, or any rule that replaces it; and (B) a one-way interconnected VoIP service. (4) "State" has the meaning given that term in section 615b of this title.
the actual law source: uscode.house.gov ↗public domain
(a) Authority
(1) In general

Nothing in this Act, any amendment made by this Act, the Communications Act of 1934 (47 U.S.C. 151 et seq.), or any Commission regulation or order may prevent the imposition and collection of a fee or charge applicable to a commercial mobile service or an IP-enabled voice service specifically designated by a State, a political subdivision of a State, an Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for 9–8–8 related services, if the fee or charge is held in a sequestered account to be obligated or expended only in support of 9–8–8 services, or enhancements of such services, as specified in the provision of State or local law adopting the fee or charge.

(2) Use of 9–8–8 funds

A fee or charge collected under this subsection shall only be imposed, collected, and used to pay expenses that a State, a political subdivision of a State, an Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is expected to incur that are reasonably attributed to—

(A)

ensuring the efficient and effective routing of calls made to the 9–8–8 national suicide prevention and mental health crisis hotline to an appropriate crisis center; and

(B)

personnel and the provision of acute mental health, crisis outreach and stabilization services by directly responding to the 9–8–8 national suicide prevention and mental health crisis hotline.

(b) Fee Accountability Report

To ensure efficiency, transparency, and accountability in the collection and expenditure of a fee or charge for the support or implementation of 9–8–8 services, not later than 2 years after October 17, 2020, and annually thereafter, the Commission shall submit to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that—

(1)

details the status in each State, political subdivision of a State, Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) of the collection and distribution of such fees or charges; and

(2)

includes findings on the amount of revenues obligated or expended by each State, political subdivision of a State, Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for any purpose other than the purpose for which any such fees or charges are specified.

(c) Definitions

In this section:

(1) Commercial mobile service

The term “commercial mobile service” has the meaning given that term under section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).

(2) Commission

The term “Commission” means the Federal Communications Commission.

(3) IP-enabled voice service

The term “IP-enabled voice service” shall include—

(A)

an interconnected VoIP service, as defined in section 9.3 of the 1 title 47 of the Code of Federal Regulations, or any successor thereto; and

(B)

a one-way interconnected VoIP service.

(4) State

The term “State” has the meaning given that term in section 615b of this title.

Source credit: (Pub. L. 116–172, § 4, Oct. 17, 2020, 134 Stat. 833.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 116-172 · 134 Stat. 833

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-172 on 2020-10-17.

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