Surcharge; wireless carrier; duties; applicability of section.

  1. Law
  2. Nebraska Revised Statutes
  3. Telecommunications and Technology
  4. Surcharge; wireless carrier; duties; applicability of section.

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86-457. Surcharge; wireless carrier; duties; applicability of section.

(1) Each wireless carrier shall collect:

(a) A surcharge of up to seventy cents, except as provided in subdivision (1)(b) of this subsection, on all active telephone numbers or functional equivalents every month from users of wireless service and shall remit the surcharge in accordance with section 86-459; or

(b) A surcharge of up to fifty cents on all active telephone numbers or functional equivalents every month from users of wireless service whose primary place of use is in a county containing a city of the metropolitan class and shall remit the surcharge in accordance with section 86-459.

The wireless carrier is not liable for any surcharge not paid by a customer.

(2) Except as otherwise provided in this section, the wireless carrier shall add the surcharge to each user's billing statement. The surcharge shall appear as a separate line-item charge on the user's billing statement and shall be labeled as "Enhanced Wireless 911 Surcharge" or a reasonable abbreviation of such phrase.

(3) If a wireless carrier, except as otherwise provided in this section, resells its service through other entities, each reseller shall collect the surcharge from its customers and shall remit the surcharge in accordance with section 86-459.

(4) The surcharges authorized by this section shall not apply to prepaid wireless telecommunications service as defined in section 86-902.

(5) This section shall not apply to users who have no 911 service.

Source

  • Laws 2001, LB 585, § 2;
  • R.S.Supp.,2001, § 86-2202;
  • Laws 2002, LB 1105, § 258;
  • Laws 2003, LB 187, § 31;
  • Laws 2006, LB 1222, § 8;
  • Laws 2007, LB661, § 23;
  • Laws 2012, LB1091, § 8.

Annotations

  • Subsections (1) through (3) of this section exclusively apply to postpaid wireless services, while subsections (4) through (6) apply to prepaid wireless services. TracFone Wireless v. Nebraska Pub. Serv. Comm., 279 Neb. 426, 778 N.W.2d 452 (2010).

  • The plain language of subsection (5) of this section permits the Public Service Commission to require compliance with the surcharges and methods for collection and remittance that it establishes. TracFone Wireless v. Nebraska Pub. Serv. Comm., 279 Neb. 426, 778 N.W.2d 452 (2010).


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