§9106.2. Fixed rate service charge; Orleans Parish

A. Many facilities utilized by the Orleans Parish Communication District, created pursuant to Act 155 of the 1982 Regular Legislative Session, and much equipment necessary for the reception of 9-1-1 emergency telephone calls, along with the dispatching of emergency responders, was damaged and greatly compromised by Hurricane Katrina, thus endangering the health and well-being of the citizens of Orleans Parish. It is the purpose of this Section to fund the repair and improvement of necessary equipment and facilities needed for this vital infrastructure in the parish of Orleans through fixed rate service charges.

B.(1) Notwithstanding any other law to the contrary, the governing authority of the Orleans Parish Communication District may, by favorable vote of a majority of the members of the governing authority voting on the motion, a quorum being present, establish a fixed rate emergency telephone service charge for 9-1-1 services. The fixed rate emergency telephone service charges shall be collected and remitted in the same manner as service charges are currently collected.

(a) Such service charges shall not exceed the following amounts:

(i) One dollar per exchange access line serving residential service users.

(ii) Two dollars per exchange access line serving commercial service users (not to exceed one hundred lines per user).

(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, such service charges shall not exceed the following amounts if approved by the electors as provided in Subsection D of this Section:

(i) Two dollars per exchange access line serving residential service users.

(ii) Three dollars per exchange access line serving commercial service users (not to exceed one hundred lines per user).

(iii) One dollar and twenty-six cents per month per wireless commercial mobile radio service connection.

(iv) Two dollars per month per residential interconnected voice over Internet protocol service access line equivalent.

(v) Three dollars per month per commercial interconnected voice over Internet protocol service access line equivalent.

(c) For purposes of this Paragraph:

(i) "Interconnected voice over Internet protocol service" shall have the meaning provided in CFR Title 47, Section 9.3.

(ii) "Access line equivalent" shall mean each telephone number issued to a voice over Internet protocol customer. However, if the telephone numbers issued to a customer exceed the available capacity for simultaneous outward calls to be connected to the public switched telephone network, the access line equivalent shall be equal to the capacity for simultaneous outward calls to the public switched telephone network.

(2) If the proceeds generated by the fixed rate emergency telephone service charges exceed the amount of monies necessary to fund the district, the district governing authority shall, by resolution, reduce the service charge rate to an amount adequate to fund the district. In lieu of reducing the service charge rate, the district governing authority may suspend such service charge, if the revenues generated therefrom exceed the amount of monies necessary to fund the district. The district governing authority may, by resolution, reestablish the original emergency telephone service charge rate or lift the suspension thereof, if the amount of monies generated is not adequate to fund the district.

C. Notwithstanding R.S. 33:9108(E), the authority for the Orleans Parish Communication District to levy and collect a fixed rate emergency telephone service charge pursuant to this Part shall continue on and after December 31, 2009. However, on or after January 1, 2010, the district may, by favorable vote of a majority of the members of the governing authority voting on the motion, a quorum being present, reestablish the original emergency telephone service charge in effect prior to August 15, 2006, upon which the district may no longer levy and collect the fixed rate emergency service charge for 911 services authorized by this Section.

D.(1) No service charge imposed pursuant to Subparagraph (B)(1)(b) of this Section shall become effective unless approved by the favorable vote of a majority of the electors of the district voting on the proposition at an election held for such purpose.

(2) Monies collected pursuant to Subparagraph (B)(1)(b) of this Section by the Orleans Parish Communications District shall be made available to such district and shall not be diverted for use by any other entity or for any purposes other than those served by such district.

Acts 2006, No. 635, §1; Acts 2009, No. 315, §1; Acts 2012, No. 649, §1.