Amend the bill, as and if amended, by striking subsection 58-9-2535(A), beginning on line 34 on page 2, and inserting:
/ "Section 58-9-2535. (A) A local exchange provider must collect the dual party relay charge established in Section 58-9-2530(A) on each local exchange access facility.
(1) For bills rendered on or after the effective date of this act, for any individual local exchange access facility that is capable of simultaneously carrying multiple voice and data transmissions, a subscriber must be billed a number of dual party relay charges equal to:
(a) the number of outward voice transmission paths activated on such a facility in cases where the number of activated outward voice transmission paths can be modified by the subscriber only with the assistance of the service supplier; or
(b) five, where the number of activated outward voice transmission paths can be modified by the subscriber without the assistance of the service supplier. The total number of dual party relay charges is subject to a maximum of fifty such charges for each account.
(2) A billed subscriber must be liable for any dual party relay charge imposed under this subsection until it has been paid to the local exchange provider. A local exchange provider has no obligation to take any legal action to enforce the collection of the dual party relay charges for which a subscriber is billed.
(3) Local exchange providers that collect dual party relay charges are entitled to retain two percent of the gross dual party relay charges remitted to the Office of Regulatory Staff as an administrative fee. Within forty-five days after the end of the month during which the charges were collected, each local exchange provider shall file with the Office of Regulatory Staff a return showing the total amount of dual party relay charges collected for the month and, at the same time, shall remit to the Office of Regulatory Staff the charges collected for that month less the administrative fee.
(4) Dual party relay charges imposed under this subsection must be added to the billing by the local exchange provider to its subscriber and may be stated separately. /
To further amend the bill, as and if amended, by striking item (C)(2), lines 33-42 on page 4, and inserting:
/ (2) VoIP providers that collect dual party relay charges are entitled to retain two percent of the gross dual party relay charges remitted to the department as an administrative fee. On or before the twentieth day of the second month succeeding each monthly collection of the dual party relay charges, each VoIP provider shall file with the department a return under oath, in a form prescribed by the department, showing the total amount of dual party relay charges collected for the month and, at the same time, shall remit to the department the charges collected for that month less the administrative fee. The department shall transfer all charges remitted to the operating fund. /
To further amend the bill, as and if amended, by striking items (D)(3) and (D)(4), lines 21-28 on page 5, and inserting:
/ (3) A prepaid wireless seller is entitled to retain three percent of the gross dual party relay charges remitted to the department as an administrative fee. A prepaid wireless seller must remit the remainder of the dual party relay charges collected to the department on or before the twentieth day of the second month succeeding each monthly collection of the dual party relay charges. The department shall transfer all charges remitted to the operating fund. /
To further amend the bill, as and if amended, by adding subsection (H) to Section 58-9-2535, after line 11 on page 6, to read:
/ (H) With regard to the dual party relay charges described in subsections (B), (C), and (D):
(1) the audit and appeal procedures applicable pursuant to Chapter 36, Title 12 shall apply;
(2) the provisions of Chapter 54, Title 12 shall apply to the collection, enforcement and reporting of such charge as defined by Section 12-60-30(27); and
(3) for efficient administration of such charges, the department may provide different payment periods as the department deems necessary. /
To further amend the bill, as and if amended, by striking item (2)(a), beginning on line 27 on page 7, and inserting:
/ (a) Telecommunications companies and VoIP providers that provide VoIP service pursuant to a certificate issued by the commission must remit these contributions to the Office of Regulatory Staff in accordance with orders issued by the commission. All other VoIP providers, all CMRS providers, and all prepaid wireless providers must remit these contributions to the Department of Revenue in the same manner as telecommunications companies and VoIP providers that provide VoIP service pursuant to a certificate issued by the commission remit these contributions to the Office of Regulatory Staff. The Department of Revenue monthly shall assess each CMRS provider, each prepaid wireless provider, and each VoIP provider that does not have a certificate issued by the commission, its contribution to the USF. For efficient administration of the USF, the department may provide different payment periods as the department deems necessary. The Office of Regulatory Staff shall certify to the Department of Revenue the USF factor and the amounts to be assessed. The Department of Revenue shall charge the assessments to the companies and collect the assessments as provided by law, including the enforcement and collection provisions of Chapter 54, Title 12. The USF assessments, less the Department of Revenue actual incremental increase in the cost of administration, must be transferred to the USF administered by the Office of Regulatory Staff or third party administrator designated by the Office of Regulatory Staff /
To further amend the bill, as and if amended, by striking item (6), lines 5-7 on page 10.
To further amend the bill, as and if amended, by adding an appropriately numbered SECTION after SECTION 8, on page 14, and inserting:
/ SECTION ___. Section 58-9-576(C)(1)(a) is amended to read:
(a) "Single-line basic residential service" means single-line residential flat rate basic voice grade local service with touch tone within a traditional local calling area that provides access to available emergency services and directory assistance, the capability to access interconnecting carriers, relay services, access to operator services, and one annual local directory listing (white pages or equivalent). /
To further amend the bill, as and if amended, by adding an appropriately numbered SECTION after SECTION 9, on page 14, and inserting:
/ SECTION___. Beginning on the effective date of this act, the Office of Regulatory Staff and the Department of Revenue may take necessary action to accommodate full implementation of SECTIONS 3, 5A, and 8 of this act, as soon as practicable, provided however that full implementation shall not occur earlier than January 1, 2016. The Office of Regulatory Staff and the Department of Revenue shall provide at least 30 days public notice of the full implementation date before the full implementation of these SECTIONS occurs, and no person or entity is required to bill, collect, remit or pay any charges pursuant to SECTION 3, 5A, or 8 of this act prior to the full implementation date. /
Renumber sections to conform.
Amend title to conform.