605—10.5 (34A) Referendum and wire-line E911 service surcharge.
	 10.5(1) The surcharge referendum may be initiated only by the joint E911 service board and shall be conducted in accordance with the provisions of Iowa Code sections 34A.6 and 34A.6A and Iowa Administrative Code rule 721—21.810(34A). The surcharge is not a local option tax that can be presented to the voters under Iowa Code chapter 422B.
	 10.5(2) The following information shall be filed with the E911 program manager before the surcharge may be imposed.
	  a.   	 A copy of the “Abstract of Election” (Form 156-K) from each commissioner of elections, in each county or partial county included within the E911 service area, showing passage of the referendum allowing for the imposition of a surcharge for E911 service.
	  b.   	 An E911 service plan for the proposed E911 service area approved by the joint E911 service board.
	  c.   	 A letter signed by the chairperson of the joint E911 service board requesting that the surcharge be imposed within the E911 service area.
	 10.5(3) The E911 program manager shall notify a local communications service provider scheduled to provide exchange access E911 service within an E911 service area that implementation of an E911 service plan has been approved by the joint E911 service board, by the E911 program manager, and by the service area referendum, and that collection of the surcharge is to begin within 60 days. The E911 program manager shall also provide notice to all affected public safety answering points. The 60-day notice to local exchange service providers shall also apply when an adjustment in the wire-line surcharge rate is made.
	 10.5(4) The local communications service provider shall collect the surcharge as a part of its monthly billing to its subscribers. The surcharge shall appear as a single line item on a subscriber’s monthly billing entitled “E911 emergency communications service surcharge.”
	 10.5(5) The local communications service provider may retain 1 percent of the surcharge collected as compensation for the billing and collection of the surcharge. If the compensation is insufficient to fully recover a provider’s costs for the billing and collection of the surcharge, the deficiency shall be included in the provider’s costs for rate-making purposes to the extent it is reasonable and just under Iowa Code section 476.6.
	 10.5(6) The local communications service provider shall remit collected surcharge to the joint E911 service board on a calendar quarter basis within 20 days of the end of the quarter.
	 10.5(7) The joint E911 service board may request, not more than once each quarter, the following information from the local communications service provider:
	  a.   	 The identity of the exchange from which the surcharge is collected.
	  b.   	 The number of lines to which the surcharge was applied for the quarter.
	  c.   	 The number of refusals to pay per exchange, if applicable.
	  d.   	 The number of write-offs per exchange, if applicable.
	  e.   	 The number of lines exempt per exchange.
	  f.   	 The amount retained by the local communications service provider from the 1 percent administrative fee.
Access line counts and surcharge remittances are confidential public records as provided in Iowa Code section 34A.8.
	 10.5(8) Collection for a surcharge shall terminate if E911 service ceases to operate within the respective E911 service area. The E911 program manager for good cause may grant an extension.
	  a.   	 The administrator shall provide 100 days’ prior written notice to the joint E911 service board or the operating authority and to the local communications service provider(s) collecting the fee of the termination of surcharge collection.
	  b.   	 Individual subscribers within the E911 service area may petition the joint E911 service board or the operating authority for a refund. Petitions shall be filed within one year of termination. Refunds may be prorated and shall be based on funds available and subscriber access lines billed.
	  c.   	 At the end of one year from the date of termination, any funds not refunded and remaining in the E911 service fund and all interest accumulated shall be retained by the joint E911 service board. However, if the joint E911 service board ceases to operate any E911 service, the balance in the E911 service fund shall be payable to the state homeland security and emergency management division. Moneys received by the division shall be used only to offset the costs for the administration of the E911 program.
[ARC 0602C, IAB 2/20/13, effective 3/27/13]