of prepaid mobile services. The latter solution has 
resulted in unfair and inequitable treatment of the 
prepaid mobile service business model and reduced 
funding for E911. 
(5) Virtually all States require postpaid mobile 
service providers to simply put the State’s E911 
charge on their monthly bills, and such providers are 
statutorily exonerated from any failure to collect the 
E911 charge from such customers. Those same 
States require prepaid service providers and sellers 
to serve as a financial guarantor of collection from 
all prepaid mobile service customers, notwith-
standing the fact that there is no feasible method of 
collection for such providers and sellers for most 
customers. 
(6) There needs to be a uniform feasible collec-
tion method for prepaid mobile service customers to 
contribute to States’ E911 funds just as has been 
provided for postpaid customers via their monthly 
bills. 
(7) Congress, in House Report No. 110–442 
and Senate Report No. 110–142, encouraged State 
and local governments to apply E911 fees equitably 
to communications services and to accommodate the 
prepaid mobile service business model. 
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SEC. 3. E911 SURCHARGES. 
(a) IN GENERAL.—Beginning on the date of enact-
ment of this Act, no State or local jurisdiction shall impose 
a new unfair or inequitable E911 fee, tax, or surcharge 
(‘‘E911 fee’’) with respect to any prepaid mobile service, 
prepaid mobile service provider, or prepaid mobile service 
customer, nor shall it enforce a new or existing E911 fee 
in an unfair or inequitable manner. 
(b) DEFINITIONS.—In this Act: 
(1) E911 FEE.—The term ‘‘E911 fee’’ means 
any 911 or E911 fee, tax, or surcharge specifically 
imposed or designated by a State or local jurisdic-
tion for the support of 911 or E911 communications 
systems and related public safety purposes, whether 
or not actually appropriated and expended for such 
purposes. 
(2) MOBILE SERVICE.—The term ‘‘mobile serv-
ice’’ means commercial mobile radio service, as such 
term is defined in section 20.3 of title 47, Code of 
Federal Regulations, as in effect on the date of en-
actment of this Act, or any other service that is pri-
marily intended for receipt on, transmission from, or 
use with a mobile telephone or other mobile device, 
including but not limited to the receipt of a digital 
good. 
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(3) PREPAID
MOBILE
SERVICE.—The term 
‘‘prepaid mobile service’’ means mobile service which 
is paid for in advance, is sold in predetermined units 
or dollars, or for use within a predetermined period 
of time, and without the issuance of a monthly or 
other periodic bill. 
(4) POSTPAID
MOBILE
SERVICE.—The term 
‘‘postpaid mobile service’’ means a mobile service 
which is paid for in arrears pursuant to monthly or 
other periodic billing arrangements. 
(5) NEW UNFAIR OR INEQUITABLE E911 FEE.— 
The term ‘‘new unfair or inequitable E911 fee’’ 
means— 
(A) any E911 fee that cannot be collected 
from end-users who are the intended payors of 
the E911 fees under the existing wireless busi-
ness model of the prepaid mobile service pro-
vider; or 
(B) any E911 fee that is enforced in a 
manner that imposes strict liability on a pre-
paid mobile service provider for its inability to 
collect such E911 fee as prescribed in subpara-
graph (A). 
(6) UNFAIR OR INEQUITABLE MANNER.—The 
term ‘‘unfair or inequitable manner’’ means— 
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(A) the imposition against a prepaid mo-
bile service provider or seller of any E911 fee 
that the prepaid mobile service provider cannot 
collect from its end-user customers who are the 
intended payors of the fees under its existing 
wireless business model; 
(B) the enforcement of an E911 fee 
against a prepaid mobile service provider in a 
manner that creates strict liability for the pre-
paid mobile service provider or seller for its in-
ability to collect as prescribed in subparagraph 
(A); or 
(C) the imposition of a E911 fee in a man-
ner that results in the E911 fee being subject 
to other State or local taxes when such other 
State or local taxes are not equally imposed on 
the E911 fees paid by postpaid mobile service 
customers. 
(7) PROVIDER.—The term ‘‘provider’’ means a 
telecommunications carrier as defined in section 1 of 
the Communications Act of 1934 (47 U.S.C. 
153(44)) that offers mobile service. 
Æ 
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