Enhanced 911 Telephone Surcharge

NYC Admin. Code tit. 11, ch. 23-A

in effect

NYC Admin. Code § 11-2321 Short title.

§ 11-2321 Short title. This chapter shall be known and may be cited as the "enhanced 911 telephone surcharge act." Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/094.

NYC Admin. Code § 11-2322 Definitions.

§ 11-2322 Definitions. When used in this chapter the following terms shall mean: (a) "E911 system" means an enhanced emergency telephone service which automatically connects a person dialing the digits 9-1-1 to the answering point established within the New York city police department, and which shall include, but not be limited to, selective routing, automatic number identification and automatic location identification. (b) "Lifeline" means a discounted or low-priced telephone service available to eligible low-income residential customers. (c) "Access line" means a communications circuit that connects a customer location to a facility housing the switching system and related equipment that provides telephone service. (d) "911 service area" means the area within the geographic boundaries of the city of New York. (e) "Municipality" means any New York city agency, or any public benefit corporation, local development corporation or other governmental entity the majority of whose members or governing body is appointed by a city official. (f) "Public safety agency" means a public safety agency as defined in subdivision five of section three hundred one of the county law. (g) "Service supplier" means a service supplier as defined in subdivision seven of section three hundred one of the county law that provides service within the 911 service area. (h) "System costs" means the costs associated with obtaining and maintaining the telecommunication equipment, all operations and maintenance costs and the telephone services costs necessary to establish and provide an E911 system. (i) "Voice over internet protocol service" or "VOIP service" shall mean any service that (i) enables real-time, two-way voice communications; (ii) requires a broadband connection from the user's location; (iii) requires internet protocol compatible customer premises equipment (CPE); and (iv) permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/094.

NYC Admin. Code § 11-2323 Establishment of surcharge for E911 system.

§ 11-2323 Establishment of surcharge for E911 system. (a) In accordance with the provisions of article six of the county law, as amended, there is hereby established a surcharge of one dollar per telephone access line, or equivalent, per month on the customers of every service supplier within the city of New York. (b) The surcharge imposed by subdivision (a) of this section shall be used to pay for the costs associated with obtaining, operating and maintaining the telecommunication equipment and telephone services needed to provide an enhanced 911 emergency telephone system to serve the city of New York. (c) All service suppliers that provide local access service within the 911 service area in the city of New York shall begin to add the monthly surcharge of one dollar per telephone access line per month as provided in subdivision (a) of this section to all service bills no later than the forty-fifth day after the effective date of the local law that increased such surcharge to one dollar per telephone access line per month. Notwithstanding the foregoing sentence, all providers of voice over internet protocol service that provide such service within the 911 service area shall begin to add the monthly surcharge of one dollar per telephone access line, or equivalent, per month as provided in subdivision (a) of this section to all service bills no later than the forty-fifth day after the effective date of the local law that added this sentence. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/094.

NYC Admin. Code § 11-2324 Application; limitations; exemptions.

§ 11-2324 Application; limitations; exemptions. (a) The surcharge established pursuant to the provisions of section 11-2323 shall be imposed on a per access line basis on all current bills rendered for local exchange access service within the 911 service area. (b) No such surcharge shall be imposed upon: (1) more than seventy-five exchange access lines per customer per location; (2) any lifeline customers of a local telephone service supplier; (3) a public safety agency; or (4) any municipality, as defined in subdivision (e) of section 11-2322 of this chapter. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/094.

NYC Admin. Code § 11-2325 Collection of surcharge.

§ 11-2325 Collection of surcharge. (a) The appropriate service supplier or suppliers serving the New York city 911 service area shall act as collection agents for the city and shall remit the funds collected as the surcharge to the commissioner of finance each month. Such funds shall be remitted no later than thirty days after the last business day of such period. (b) The service supplier shall be entitled to retain as an administrative fee an amount equal to two per cent of its collections of the surcharge. (c) The surcharge required to be collected by the service supplier shall be added to and stated separately in its billings to the customer. (d) The service supplier shall annually provide to the commissioner of finance an accounting of the surcharge amounts billed and collected. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/094.

NYC Admin. Code § 11-2326 Liability for surcharge.

§ 11-2326 Liability for surcharge. (a) Each service supplier customer who is subject to the provisions of this chapter shall be liable to the city for the surcharge until it has been paid to the city, except that payment to a service supplier is sufficient to relieve the customer from further liability for such surcharge. (b) The service supplier shall have no obligation to take any legal action to enforce the collection of any surcharge. However, whenever the service supplier remits the funds collected as the surcharge to the city, it shall also provide the city with the name and address of any customer refusing or failing to pay the surcharge imposed by this chapter and shall state the amount of such surcharge remaining unpaid. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/094.

NYC Admin. Code § 11-2327 System revenues; adjustment of surcharge.

§ 11-2327 System revenues; adjustment of surcharge. (a) All surcharge monies remitted to the commissioner of finance by a service supplier and all other monies dedicated to the payment of system costs from whatever source derived or received by the city of New York shall be expended only upon authorization of the council, and only for payment of system costs as permitted by this chapter. The finance commissioner and the director of the office of management and budget shall separately account for and keep adequate records of the amount and source of all such revenues and of the amount and object or purpose of all expenditures thereof. (b) If at the end of any fiscal year the total amount of all such revenues exceeds the amount necessary for payment of system costs in such fiscal year, such excess shall be reserved and carried over for the payment of system costs in the following fiscal year in conformance with applicable law. However, if at the end of any fiscal year such E911 reserved fund balance exceeds an amount equal to five per cent of that necessary for the payment of system costs in such fiscal year, the council shall by local law reduce the surcharge for the following fiscal year to a level that more adequately reflects the system cost requirements of its E911 system. The council may also reestablish or increase such surcharge, subject to the provisions of section three hundred three of the county law, if the revenues generated by such surcharge and by any other source are not adequate to pay for system costs. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/094.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-224790Fetched: 10/24/2026