In this chapter, unless the context otherwise requires: 1. "911 system" means a set of networks, software applications, databases, call answering components, and operations and management procedures required to provide 911 services. 2. "911 system service provider" means an entity that provides the systems and support necessary to enable 911 calling for one or more public safety answering points in a specific geographic area. A 911 system service provider may provide the systems and support for either enhanced 911 or next generation 9-1-1. 3. "Assessed communications service" means a software service, communication connection, cable or broadband transport facilities, or a combination of these facilities, between a billed retail end user and a service provider's network that provides the end user, upon contacting 911, access to a public safety answering point through a permissible interconnection to the dedicated 911 network. The term includes telephone exchange access service, wireless service, and voice over internet protocol service. 4. "Automated notification system" means that portion of a telecommunications system that provides rapid notice of emergency situations to the public. 5. "Commissioner" means the state tax commissioner. 6. "Communication connection" means a telephone access line, wireless access line, unique voice over internet protocol service connection, or functional equivalent uniquely identifiable by a number, internet address, or other designation. 7. "Consumer" means a person who purchases prepaid wireless service in a retail transaction. 8. "Emergency services communication system" means a comprehensive statewide or countywide system, which provides rapid public access for coordinated dispatching of public safety services. The system includes a 911 system or radio system. 9. "FCC order" means federal communications commission order 94-102 [961 Federal Register 40348] and any other FCC order that affects the provision of wireless enhanced 911 service. 10. "First responder" means an individual trained to provide assistance during an emergency, including a firefighter as defined under section 18-11-03, law enforcement officer as defined under section 12.1-01-04, emergency medical services personnel as defined under section 23-27-02, and public safety telecommunicators. 11. "Prepaid wireless emergency 911 fee" means the fee that is required to be collected by a seller from a consumer in the amount established under section 57-40.6-14. 12. "Prepaid wireless service" means any telecommunications service that provides the right to use a mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content and ancillary services, which are paid for in advance and sold in predetermined units or dollars which decline with use in a known amount. 13. "Prepaid wireless service provider" means any person that provides prepaid wireless telecommunications service pursuant to a license issued by the federal communications commission. 14. "Public safety answering point" or "PSAP" means a communications facility or combination of facilities which first receives 911 calls from persons in a 911 service area and which, as appropriate, may directly dispatch public safety services or extend, transfer, or relay 911 calls to appropriate public safety agencies. 15. "Public safety answering point service area" means the geographic area for which a public safety answering point has dispatch and emergency communications responsibility. 16. "Public safety services" means personnel, equipment, and facilities used by first responders or other supporting services used in providing a public safety response to an incident.
17. "Public safety telecommunicator" means an individual whose primary full-time or part-time duties are receiving, processing, and transmitting public safety information received through an emergency services communication system. 18. "Radio system" means a set of networks, software applications, databases, radio components and infrastructure, and operations and management procedures required to provide communication services. 19. "Retail transaction" means the purchase of prepaid wireless service from a seller for any purpose other than resale. 20. "Seller" means a person who sells prepaid wireless services to a consumer. 21. "Subscriber service address" means, for purposes of telephone exchange access service and voice over internet protocol service subscribers, the address where the subscriber's communication device is used and, for purposes of wireless subscribers, the place of primary use, as that term is defined in section 57-34.1-02. 22. "Telephone access line" means the principal access to the telephone company's switched network, including an outward dialed trunk or access register. 23. "Telephone exchange access service" means service to any wire line telephone access line identified by a unique telephone number that provides local wire line access to the telecommunications network to a service subscriber and which enables the subscriber to access the emergency services communications system by dialing the digits 9-1-1 on the subscriber's telephone device. 24. "Unpublished" means information that is not published or available from directory assistance. 25. "Voice over internet protocol service" means a service that enables real-time two-way voice communications; requires a broadband connection from the user's location; requires internet protocol-compatible customer premises equipment; and permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network. 26. "Wireless access line" means each active wireless and prepaid wireless telephone number assigned to a commercial mobile radio service subscriber, including end users of resellers. 27. "Wireless enhanced 911 service" means the service required to be provided by wireless service providers pursuant to the FCC order. 28. "Wireless service" means commercial mobile radio service as defined in 47 U.S.C. 332(d)(1) and includes: a. Services commonly referred to as wireless; and b. Services provided by any wireless real-time two-way voice communication device, including radio-telephone communications used in: (1) Cellular telephone service; (2) Personal communications service; or (3) The functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, personal communications service, or a network radio access line. 29. "Wireless service provider" means any entity authorized by the federal communications commission to provide wireless service within this state.
57-40.6-02. Authority of counties or cities to impose fee on assessed communications service - Procedure. The governing body of a county or city may impose a fee on all assessed communications services in accordance with the following requirements: 1. The governing body shall adopt a resolution that proposes the adoption of the fee permitted under this section. The resolution must specify an effective date for the fee which is no more than two years before the expected implementation date of the emergency services communication system to be funded by the fee. The resolution must include a provision for submitting the proposed fee to the electors of the county or city before the imposition of the fee is effective. The resolution must specify a fee that does not exceed one dollar and fifty cents per month per communication
connection and must be applied equally upon all assessed communications services. Prepaid wireless service is not subject to the fee imposed under this section. 2. A political subdivision shall add a fee of fifty cents to the fee imposed on assessed communications services established under subsection 1. The additional fifty cents per communication connection must be remitted to the state treasurer for deposit in the statewide interoperable radio network fund in accordance with section 37-17.3-12 for ongoing administrative and operational maintenance costs of the statewide interoperable radio network. The funds collected under this subsection must be expended in a manner consistent with the recommendations of the statewide interoperability executive committee. 3. The question of the adoption of the fee must be submitted on a petition on which the petition title of the proposition includes the maximum monthly rate of the proposed fee authorized under subsection 1. The question of the adoption of the fee may be submitted to electors at a general, primary, or special election or at a school district election if the boundaries of the school district are coterminous with the boundaries of the governing body adopting the resolution proposing the adoption of the fee. The fee is not effective unless it is approved by a majority of the electors voting on the proposition. The ballot must be worded so that a "yes" vote authorizes imposition of the fee. 4. Once established by this section, the maximum fee may be increased, decreased, or eliminated by a majority vote of the electors. The question may be placed on the ballot of any general, primary, or special election by a resolution of the governing body, or by a petition signed by ten percent or more of the total number of qualified electors of the political subdivision voting for governor at the most recent gubernatorial election and submitted to the governing body. By action of the governing body, the fee amount collected may be adjusted, subject to the maximum approved by the voters, to meet the costs allowed by this chapter. 5. In any geographic area, only one political subdivision may impose the fee and imposition must be based on the subscriber service address. 6. In the interest of public safety, where the subscriber's telephone exchange access service boundary and the boundary of the political subdivision imposing the fee do not coincide, and where all of the political subdivisions within the subscriber's telephone exchange access service boundary have not complied with subsection 1, and where a majority of the subscribers within the subscriber's telephone exchange access service boundary have voted for the fee, a telephone exchange access service subscriber whose subscriber service address is outside the political subdivision may receive 911 services by signing a contract agreement with the political subdivision providing the emergency services communication system. The telephone exchange access service provider may collect an additional fee, equal in amount to the basic fee on those subscribers within the exchange boundary. The additional fee amounts collected must be remitted as provided in this chapter. 7. A fee imposed under this section before August 1, 2007, on telephone exchange access service is extended to all assessed communications services and will remain in effect until changed pursuant to subsection 4.
57-40.6-03. Payment of fee by assessed communications service subscriber or customer. 1. The assessed communications service provider shall collect the fee authorized under section 57-40.6-02 from the subscriber or customer of the service. 2. For assessed communications service that involves a monthly billing, in the billing statement or invoice to the subscriber, the provider shall state the amount of the fee separately. 3. For prepaid wireless service, the fee shall be imposed, collected, and administered according to the provisions of section 57-40.6-14. The fee imposed under section 57-40.6-14 shall be in lieu of any fees imposed on assessed communications services under section 57-40.6-02.