Montana Code 10-4-201. Fees imposed for 9-1-1 services
10-4-201. Fees imposed for 9-1-1 services. (1) Except as provided in 10-4-202 [and for the purpose of 10-4-304(5)]:
Terms Used In Montana Code 10-4-201
- Access line: means a voice service of a provider of exchange access services, a wireless provider, or a provider of interconnected voice over IP service that has enabled and activated service for its subscriber to contact a public safety answering point via a 9-1-1 system by entering or dialing the digits 9-1-1. See Montana Code 10-4-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Prepaid wireless service: means a commercial mobile radio service that:
(a)allows a subscriber to use a 9-1-1 system to engage in emergency communications; and
(b)is paid for in advance and sold in predetermined units or dollars of which the number declines with use in a known amount, including prepaid wireless phone cards, recharge or refill authorization codes, and prepaid cell phones or other prepaid wireless devices preloaded with airtime minutes. See Montana Code 10-4-101
- Provider: means a public utility, a cooperative telephone company, a wireless provider, a provider of interconnected voice over IP service, a provider of exchange access services, or any other entity that provides access lines. See Montana Code 10-4-101
- Seller: means a person who owns or operates a business that sells prepaid wireless services directly to a subscriber. See Montana Code 10-4-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Subscriber: means :
(a)an end user who has an access line or who contracts with a wireless provider for commercial mobile radio services; or
(b)a customer who purchases prepaid wireless services from a seller in a transaction. See Montana Code 10-4-101
- Transaction: means the purchase of prepaid wireless service from a seller for any purpose other than resale. See Montana Code 10-4-101
(a)for 9-1-1 services, which do not include prepaid wireless services included in subsection (1)(c), a fee of 75 cents a month per access line on each subscriber in the state is imposed for the administration of 9-1-1 programs in accordance with 10-4-305;
(b)a fee of 25 cents a month per access line on each subscriber as defined in 10-4-101(21)(a) in the state is imposed for the grants provided in accordance with 10-4-306; and
(c)for prepaid wireless 9-1-1 services, a fee of $1 per transaction in the state is imposed on charges for prepaid wireless services.
(2)The subscriber paying for an access line or prepaid wireless service is liable for the fees imposed by this section.
(3)(a) Except as provided in subsection (3)(b), the provider shall collect the fees. The amount of the fees collected by the provider is considered payment by the subscriber for that amount of fees.
(b)For the purposes of collecting the fee imposed in subsection (1)(c), the seller shall collect the fee in accordance with this chapter. The amount of the fees collected by the seller is considered payment by the subscriber for that amount of fees.
(4)Any return made by the provider or seller collecting the fees is prima facie evidence of payments by the subscribers of the amount of fees indicated on the return. (Bracketed language in subsection (1) terminates July 1, 2031–sec. 8, Ch. 200, L. 2021.)