(1) A service user shall pay service surcharges in each 911 service area where the service user has its primary place of use and receives 911 service, except that an individual service user shall not be required to pay on a single periodic billing service surcharges on more than one hundred telephone numbers or functional equivalents in any single 911 service area. Every service user shall be liable for any service surcharge billed to such user until the surcharge has been paid to the service supplier.

Terms Used In Nebraska Statutes 86-436

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Governing body: means the county board, the city council of a city, the board of trustees of a village, or the board of directors of any rural or suburban fire protection district. See Nebraska Statutes 86-426
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Primary place of use: means the residential or business street address that is representative of the primary location of the customer's use of a service that includes the provision of 911 service. See Nebraska Statutes 86-429.01
  • Service supplier: means any person providing 911 service in this state. See Nebraska Statutes 86-432
  • Service surcharge: means a charge set by a governing body and assessed on each telephone number or functional equivalent of service users whose primary place of use is within the governing body's designated 911 service area, with the exception of those service users served by wireless carriers as defined in section 86-456 and those service users who have no access to 911 service. See Nebraska Statutes 86-433
  • Service user: means any person who is provided 911 service in this state. See Nebraska Statutes 86-434

(2) The duty of a service supplier to bill a service surcharge to a service user shall commence at such time as may be specified by the governing body. A service surcharge shall be collected as far as practicable at the same time as and along with the charges for service in accordance with the regular billing practice of the service supplier.

(3) A service supplier shall have no obligation to take any legal action to enforce the collection of any service surcharge imposed pursuant to section 86-435. Such action may be brought by or on behalf of the governing body imposing the charge or the separate legal entity formed pursuant to such section. A service supplier shall annually provide the governing body a list of the amounts uncollected along with the names and addresses of those service users who carry a balance that can be determined by the service supplier to be for nonpayment of any service surcharge. The service supplier shall not be liable for such uncollected amounts.

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