WIRELESS COMMUNICATION

Municipal Code of Chicago tit. 7, ch. 7-50

in effect

Municipal Code of Chicago § 7-50-010 Definitions.

7-50-010 Definitions. For the purposes of this chapter, when any of the following words or terms are used herein they shall have the meaning or construction ascribed to them in this section: "Board" means the Chicago Emergency Telephone System Board created by chapter 3-64 of this Code. "Comptroller" means the comptroller of the City of Chicago. "Department" means the department of finance of the City of Chicago. "Director" or "director of revenue" means the director of revenue of the City of Chicago. "Emergency telephone system" means the telecommunications system established by the City of Chicago pursuant to chapter 3-64 of this Code to respond to emergency telecommunications. "Prepaid wireless telecommunications service" means a wireless telecommunications service that allows a caller to dial 9-1-1 to access the 9-1-1 system, which service must be paid for in advance and is sold in predetermined units or dollars of which the amount declines with use in a known amount. "Service address" means the customer's place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act, Public Law 106-252, as amended from time to time, which as of August 1, 2002 provides that the "place of primary use" means the street address representative of where the customer's use of the mobile telecommunications service primarily occurs, and which further provides that this means the residential street address or the primary business street address of the customer within the licensed service area of the home service provider. "Wireless carrier" means a provider of two-way cellular, broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial Radio Service (CMRS), Wireless Communications Service (WCS), or other Commercial Mobile Radio Service (CMRS), as defined by the Federal Communications Commission, offering radio communications that may provide fixed, mobile, radio location, or satellite communication services to individuals or businesses within its assigned spectrum block and geographical area or that offers real-time, two-way voice service that is interconnected with the public switched network, including a reseller of such service. "Wireless communications service" means a two- way voice radio-linked communications service which provides dial interconnection to a public switched network, including but not limited to cellular telephone service and personal communications service. Any other word or term not defined herein but defined in the Emergency Telephone System Act of the State of Illinois, codified at 50 ILCS 750/0.01, et seq., shall have the meaning ascribed to the word or term in that act. (Added Coun. J. 11-7-96, p. 32073, § 1.2; Amend Coun. J. 11-13-96, p. 34040, § 1.2; Amend Coun. J. 6-19-02, p. 87159, § 3; Amend Coun. J. 10-5-11, p. 7956, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 5; Amend Coun. J. 11-8-12, p. 38872, § 153; Amend Coun. J. 11-21-17, p. 61858, Art. III, § 2)

Municipal Code of Chicago § 7-50-020 Fees - Use of revenue - Applicability.

7-50-020 Fees - Use of revenue - Applicability. A. A fee is imposed upon all billed subscribers of wireless communications service within the corporate limits of the city in order to pay for a portion of the cost incurred by the city to operate the emergency telephone system. This fee shall apply to in-service wireless telephone numbers where the service address of the wireless communications service is located in the city. The fee shall not apply to consumers of prepaid wireless telecommunications service, who instead shall pay the surcharge imposed pursuant to Chapter 7-51 of this Code. (1) Until December 31, 2017, the fee shall be imposed at the monthly rate of $3.90. (2) Beginning January 1, 2018 and through December 31, 2020, the fee shall be imposed at the monthly rate of $5.00. (3) Beginning January 1, 2021, the fee imposed shall be at the monthly rate of $5.00, unless the maximum rate authorized by the General Assembly is lower, in which case the rate shall be the maximum rate authorized by the General Assembly. B. The ultimate incidence of and liability for payment of the fee is upon the billed subscriber, and nothing in this chapter shall be construed to impose a charge of any kind on the occupation of selling or providing telecommunications. The fee shall be in addition to any other fee or any taxes imposed by the city. C. The fee imposed by this chapter shall not apply to any wireless telephone number to the extent prohibited by the constitution or statutes of the United States or of the State of Illinois. D. In the event that a subscriber receives wireless communications service for a period of less than a month, the fee shall be prorated for that month. E. The fee shall not apply to any wireless telephone number assigned to a governmental body. (Added Coun. J. 11-7-96, p. 32073, § 1.2; Amend Coun. J. 11-13-96, p. 34040, § 1.2; Amend Coun. J. 6-19-02, p. 87159, § 3; Amend Coun. J. 11-13-07, p. 15814, § 1; Amend Coun. J. 9-9-09, p. 69279, § 1; Amend Coun. J. 10-5-11, p. 7956, § 1; Amend Coun. J. 7-30-14, p. 84576, § 2; Amend Coun. J. 11-21-17, p. 61858, Art. III, § 2)

Municipal Code of Chicago § 7-50-030 Fee - Collection and remittance.

7-50-030 Fee - Collection and remittance. A. Each wireless carrier shall collect the fee imposed by this chapter from its billed subscribers each month, and remit the fee to the department not later than the last day of the month following the month the fee is collected. The fees shall be accompanied by a remittance return which shall be in a form prescribed by the comptroller. B. Wireless carriers shall state the fee as a separate item on each subscriber's bill. C. If a wireless carrier fails to collect the fee imposed by this chapter from a subscriber, then the subscriber shall file a return and pay the fee directly to the department on or before the date required by subsection 7-50-030 A. D. Notwithstanding any other provision of this chapter, for all periods beginning on or after January 1, 2000, (1) all returns shall be filed with the department on an annual basis on or before August 15 of each year in accordance with Sections 3-4-186 and 3-4-189 of this Code, (2) all remittances shall be made in accordance with either Section 3-4-187 (payment of actual tax liabilities) or Section 3-4-188 (payment of estimated taxes), and (3) the provisions of Sections 3-4-186, 3-4-187, 3-4-188 and 3-4-189 shall control over any contrary provisions in this chapter regarding the subjects covered by those sections. (Added Coun. J. 11-7-96, p. 32073, § 1.2; Amend Coun. J. 11-13-96, p. 34040, § 1.2; Amend Coun. J. 11-17-99, p. 18040, § 1.2; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 5)

Municipal Code of Chicago § 7-50-040 Records and books - Inspection.

7-50-040 Records and books - Inspection. Every wireless carrier and every billed subscriber shall keep accurate and complete books and records of each transaction or activity which requires the person to collect and remit or to pay the fee imposed by this chapter, including all original source documents. All such books and records shall, at all reasonable times during business hours of the day, be open to inspection by the department. (Added Coun. J. 11-7-96, p. 32073, § 1.2; Amend Coun. J. 11-13-96, p. 34040, § 1.2)

Municipal Code of Chicago § 7-50-050 Transmission of fees.

7-50-050 Transmission of fees. The department shall promptly transmit all fees it receives pursuant to Section 7-50-030 of this chapter to the board for deposit into the emergency telephone system fund as established by chapter 3-64 of this Code. All fees collected pursuant to this Chapter shall be used only for the purposes set forth in Section 3-64-160. (Added Coun. J. 11-7-96, p. 32073, § 1.2; Amend Coun. J. 11-13-96, p. 34040, § 1.2)

Municipal Code of Chicago § 7-50-060 Wireless carriers - To retain three percent.

7-50-060 Wireless carriers - To retain three percent. To promote uniformity between wireless carriers and those telecommunications carriers that are subject to the collection responsibilities contained in Section 3-64-050 of this Code, wireless carriers may retain three percent of the fees they collect pursuant to this chapter 7-50 to reimburse themselves for expenses incurred in accounting, collecting and remitting the fee. This commission shall not be allowed for fees not timely remitted to the department. (Added Coun. J. 11-7-96, p. 32073, § 1.2; Amend Coun. J. 11-13-96, p. 34040, § 1.2)

Municipal Code of Chicago § 7-50-070 Administration and enforcement.

7-50-070 Administration and enforcement. The comptroller is hereby empowered to adopt, promulgate and enforce rules and regulations pertaining to the administration and enforcement of this chapter. (Added Coun. J. 11-7-96, p. 32073, § 1.2; Amend Coun. J. 11-13-96, p. 34040, § 1.2; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 5)

Municipal Code of Chicago § 7-50-080 Uniform revenue procedures to apply.

7-50-080 Uniform revenue procedures to apply. The provisions of the uniform revenue procedures ordinance, Chapter 3-4 of this Code, including the confidentiality provisions contained in Section 3-4-080, shall apply to and supplement this chapter to the extent they are not clearly inconsistent herewith, and the fee imposed by this chapter shall be treated as if it were a revenue measure for purposes of the application of that ordinance. (Added Coun. J. 11-7-96, p. 32073, § 1.2; Amend Coun. J. 11-13-96, p. 34040, § 1.2)

Municipal Code of Chicago § 7-50-085 Application of The Illinois Mobile Telecommunications Conformity Act.

7-50-085 Application of The Illinois Mobile Telecommunications Conformity Act. The provisions of Sections 1 through 85 of the Illinois Mobile Telecommunications Sourcing Conformity Act, Public Act Number 92-0474, as amended from time to time, shall apply to and supplement this chapter. (Added Coun. J. 6-19-02, p. 87159, § 3)

Municipal Code of Chicago § 7-50-090 Contracts with wireless carriers.

7-50-090 Contracts with wireless carriers. The director is authorized to enter into a contract with any wireless carrier for collection of the fee imposed by this chapter. In the event that a contract is entered into with a wireless carrier, the requirements contained in subsection 7-50-030(A) of this chapter shall not apply to that wireless carrier. (Added Coun. J. 11-7-96, p. 32073, § 1.2; Amend Coun. J. 11-13-96, p. 34040, § 1.2)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2642971Fetched: 10/24/2026