Sec. 11. (a) The board shall impose an enhanced prepaid wireless charge on each retail transaction. The charge is not required to be paid by an eligible telecommunications carrier that is required to pay the monthly statewide 911 fee under IC 36-8-16.7-32 for the same transaction. The amount of the charge is one dollar ($1). The board may increase the enhanced prepaid wireless charge to ensure adequate revenue for the board to fulfill its duties and obligations under this chapter and IC 36-8-16.7. The following apply to an increase in the enhanced prepaid wireless charge:

(1) The board may increase the charge only one (1) time after June 30, 2015, and before July 1, 2020.

Terms Used In Indiana Code 36-8-16.6-11

  • board: refers to the statewide 911 board established by IC 36-8-16. See Indiana Code 36-8-16.6-1
  • consumer: means a person that purchases prepaid wireless telecommunications service from a seller. See Indiana Code 36-8-16.6-2
  • eligible telecommunications carrier: refers to a provider that is designated by the Indiana utility regulatory commission as an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund through the administrator designated by the Federal Communications Commission. See Indiana Code 36-8-16.6-3.5
  • enhanced prepaid wireless charge: means the charge that a seller is required to collect from a consumer under section 12 of this chapter. See Indiana Code 36-8-16.6-4
  • fund: refers to the statewide 911 fund established by IC 36-8-16. See Indiana Code 36-8-16.6-5
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • prepaid wireless telecommunications service: means a prepaid wireless calling service (as defined in IC 6-2. See Indiana Code 36-8-16.6-7
  • retail transaction: means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. See Indiana Code 36-8-16.6-9
(2) The board may increase the charge only after review by the budget committee.

(3) If the board increases the charge, the amount of the increase must be ten cents ($0.10).

     (b) A consumer that is the federal government or an agency of the federal government is exempt from the enhanced prepaid wireless charge imposed under this section.

     (c) This subsection applies to an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund through the administrator designated by the Federal Communications Commission. An eligible telecommunications carrier:

(1) is not considered an agency of the federal government for purposes of the exemption set forth in subsection (b); and

(2) with respect to prepaid wireless telecommunications service provided to end users by the eligible telecommunications carrier in its capacity as an eligible telecommunications carrier, is liable for the charge imposed under subsection (d).

     (d) Beginning September 1, 2015, and on the first day of each month thereafter, an eligible telecommunications carrier described in subsection (c) shall pay to the board a charge equal to the product of the following factors:

(1) The enhanced prepaid wireless charge established under subsection (a).

(2) The number of unique end users for which the eligible telecommunications carrier received reimbursement from the universal service fund during the immediately preceding month.

The eligible telecommunications carrier may bill and collect from each end user the charges calculated under this subsection with respect to the end user. The eligible telecommunications carrier shall determine the manner in which the eligible telecommunications carrier bills and collects the charges. Except as provided in section 15 of this chapter, an eligible telecommunications carrier may not bill and collect from an end user an amount greater than the charges paid by the eligible telecommunications carrier to the board with respect to the end user.

As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.15; P.L.107-2014, SEC.6; P.L.157-2015, SEC.4; P.L.36-2016, SEC.3.