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Session Laws, 2003
Volume 799, Page 53   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

(F) LIABILITY OF CELLULAR TELEPHONE OR PERSONAL COMMUNICATION
COMPANIES.

A CELLULAR TELEPHONE COMPANY OR PERSONAL COMMUNICATION COMPANY
THAT PAYS OR COLLECTS 9-1-1 FEES UNDER THIS SECTION HAS THE SAME
IMMUNITY FROM LIABILITY FOR TRANSMISSION FAILURES AS THAT APPROVED BY
THE PUBLIC SERVICE COMMISSION FOR LOCAL EXCHANGE TELEPHONE COMPANIES
THAT ARE SUBJECT TO REGULATION BY THE COMMISSION UNDER THE PUBLIC
UTILITY COMPANIES ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, §§ 18-105(b) and (d) and 18-106(c).

Subsection (a) of this section is revised in the active voice to clarify that it
is a duty of certain subscribers to pay a 9-1-1 fee.

In subsection (a) of this section, the former introductory language, "[f]or
purposes of this subtitle", is deleted as surplusage.

In subsections (c)(2)(ii) and (iii) and (d)(2)(ii) and (iii) of this section, the
references to "money" are substituted for the former references to
"proceeds" for accuracy and consistency within this subtitle.
Correspondingly, in subsections (c)(3) and (d)(3) of this section, the
references to "money" are substituted for the former references to "funds".

In subsections (c)(2)(ii) and (d)(2)(ii) of this section, the references to all
money "collected" are added for clarity.

In subsections (c)(2)(iii) and (d)(2)(iii) of this section, the references to the
money from the 9-1-1 fee to be remitted "to the Comptroller" are added for
clarity.

In subsection (e) of this section, the former reference to "the 911 fee
authorized under this subtitle" is deleted as unnecessary in light of the use
of the defined term "9-1-1 fee".

Defined terms: "Additional charge" § 1-301
"9-1-1-accessible service" § 1-301
"9-1-1 fee" § 1-301
"9-1-1 service carrier" § 1-301
"9-1-1 Trust Fund" § 1-301
"Wireless telephone service" § 1-301

1-311. ADDITIONAL CHARGE.

(A) AUTHORIZED.

IN ADDITION TO THE 9-1-1 FEE, THE GOVERNING BODY OF EACH COUNTY, BY
ORDINANCE OR RESOLUTION ENACTED OR ADOPTED AFTER A PUBLIC HEARING,
MAY IMPOSE AN ADDITIONAL CHARGE TO BE ADDED TO ALL CURRENT BILLS
RENDERED FOR SWITCHED LOCAL EXCHANGE ACCESS SERVICE, WIRELESS
TELEPHONE SERVICE, OR OTHER 9-1-1-ACCESSIBLE SERVICE IN THE COUNTY.

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Session Laws, 2003
Volume 799, Page 53   View pdf image
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