§ 12-20. System funding and financial management.

E911 service fee establishment, billing and collection procedures are as follows:

(1)

The E911 system funding requirements and limitations of S.C. Code 1976, § 23-47-40 shall apply as provided herein.

(2)

Subsequent to adoption of the ordinance from which this article is derived and upon receipt of written notification from the county administrator or his duly appointed agent, each service supplier providing local telephone access services to telephone subscribers having access to emergency services, then or in the future, only through the county E911 emergency telephone system, shall commence the billing and collection of a telephone service charge for each subscriber's access line which is served by that service supplier, as shall be specified hereby, and as may be established and, from time to time be adjusted under procedures of section 12-21. Said subscriber line charge, individually and/or collectively, shall hereafter be called the E911 service fee.

(3)

The E911 service fee charge shall be monthly per applicable subscriber line, for each billed line intended to have access to emergency service through the county E911 emergency telephone system. The rate of the E911 service fee charge shall be adjusted per procedures set forth in section 12-21. Said E911 service fee rate shall include funding for only such expenses and costs as are authorized under provisions of S.C. Code 1976, § 23-47-40(A), (B) and (D), as may be approved by the county council attendant to the normal adoption of the county's ordinary and capitol budgets. Said budget shall clearly delineate the estimated E911 service fee revenue and the associated expense, and sources of revenue and authorized expenses from sources other than the E911 service fee, by budget account and line item/object.

(4)

The E911 service fee rate shall include such charges as may be required by the service supplier to fund the cost for procurement, installation, and maintenance of telephone equipment, access service lines, trunk lines, secondary and contingency systems, switching equipment and/or other authorized costs as may be formally agreed upon between the county and the service supplier; and such planning, operation, training and support costs as may be determined solely by the county.

(5)

The E911 service fee shall be uniform and shall not vary according to the type of local exchange access facility used; provided, however, that telephones which have E911 system access and which are installed within an operational truck or automobile duly registered with the state department of motor vehicles and/or which are fully portable, and stationary coin operated telephone station calls shall be provided E911 system access which is toll free and not subject to the E911 service fee charge.

(6)

Further provided, however, that at the direction of county council and where otherwise provided by either federal and/or state regulation, certain coin-operated telephone stations, such as those located within detention facilities and institutions, may be denied E911 system access, wherein it can be shown that such access denial is clearly in the public interest.

(7)

Unless otherwise prohibited by S.C. Code 1976, § 23-47-40(C), capitol cost of improvements and/or expansion or services and/or increased reliability, at the discretion of county council, may be funded either by E911 service fee or from other county revenue sources, including public or private grants. Wherein such capital expenditure is intended to be funded from the E911 service fee but may require a E911 service fee rate which is deemed to be excessively burdensome to the individual subscriber, a lower E911 service fee rate may be assessed over a longer period and that portion of the E911 service fee revenue, which is specifically identified to such future expenditure, shall be held within a unique and separate interest bearing account until expended for its designated purpose.

(8)

Provided that the provisions of subsection (7) of this section shall not be applied to accrue and/or hold excess or unbudgeted revenues, and further provided that any revenue which remains within said account more than 180 days following the end of the accrual period, such accrual period being that period which has been approved and specified by county council, said revenue shall either be refunded to the subscriber or shall be applied as offset to current and future E911 service fee requirements, to the reduction or elimination of the E911 service fee rate, and until such excess has been depleted.

(9)

The legal applicable billing and collection rate of the E911 service fee shall be the E911 service fee rate which is specified within the most recent written notification received from county by the service supplier; provided, however, that said notification shall have been received at least 30 calendar days prior to the current date. Adjustment to the applicable E911 service fee billing and collection rate shall begin at the start of the first billing cycle and/or period, beginning not later than 30 days following receipt of proper written notification, by the service supplier, of the E911 service fee rate adjustment.

(10)

The service suppliers shall remit to the county, all such E911 service fee revenues as have been collected, within 45 calendar days following the end of the month of receipt of said funds, minus such E911 service fee collection and administrative fees as may be set forth in written signatory agreement between the service supplier and the county, and not to exceed two percent of the gross E911 service fee revenue remitted to the service supplier on behalf of the county.

(Ord. No. 92-05, art. III(a), 6-15-1992; Ord. No. 94-09, 6-20-1994)