An Act To Simplity the Assessment ofE-9-1-1 Surcharges on Prepaid Wireless Telecommunications Service
Maine Legislature, Session 124, LD 1056
Committee Amendment CA_B_H271 (House)
Amends: 25 MRSA §2927

COMMITTEE AMENDMENT J3" to H.P. 731, 1.0. 1056, Bill, "An Act To 
Simplity the Assessment ofE-9-1-1 Surcharges on Prepaid Wireless Telecommunications 
Service" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Assessment ofE-9-I-I Surcharges on Prepaid Wireless 
Telecommunications Services' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 25 MRSA §2927, sub-§l-B, as amended by PL 2007, c. 637, §I, is 
further amended to read: 
I-B. Statewide E-9-I-I surcharge. The activities authorized under this chapter are 
funded through a special statewide E-9-1-1 surcharge levied on each residential and 
business telephone exchange line, including private branch exchange lines and Centrex 
lines, cellular or wireless telecommunications service customers, including prepaid 
wireless telephone service customers, interconnected voice over Internet protocol service 
customers and semipublic coin and public access lines. The statewide E-9-1-1 surcharge 
may not be imposed on more than 25 lines or numbers per customer billing account, 
except that this limitation does not apply to prepaid wireless telephone services. In the 
case of nonprepaid cellular or wireless telecommunications service customers, the 
customer's place of residence of those clistomers primary use must be determined 
according to the sourcing rules for mobile telecommunications services as set forth in 
Title 36, section 2556. In the case of prepaid cellular or wireless telecommunications 
service, the customer or purchaser has a reasonable nexus to this State if a sale or 
recharge of service takes place within the State, if the prepaid wireless service is assigned 
to a telephone number within an area code assigned to this State or if the customer's 
shipping address or billing address is within this State, as determined by the commission 
by rule. The Public Utilities Commission may by rule establish additional criteria 
indicative of a nexus to this State. The statewide E-9-1-1 surcharge is 30¢ per month per 
line or number or, in the case of prepaid wireless telephone services, 30¢ per month or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 13" to I-J.P. 731, L.D. 1056 
30-day increment of service per customer. The statewide E-9-1-1 surcharge must be 
collected from the customer on a monthly basis by each local exchange telephone utility, 
cellular or wireless telecommunications service provider and interconnected voice over 
Internet protocol service provider and be shown separately as a statewide E-9-1-1 
surcharge on the customer's bill, except that in the case of prepaid wireless telephone 
service, the collection of the statewide E-9-1-1 surcharge is governed by subsection I-C. 
Sec. 2. 25 MRS A §2927, sub-§l-C, as enacted byPL 2007, c. 68, §6, is amended 
to read: 
I-C. 
Statewide E-9-1-1 surcharge; prepaid wireless service. 
The statewide 
E-9-1-1 surcharge, referred to in this subsection as j'the surcharge," must be collected 
from prepaid wireless telephone service customers by the prepaid wireless telephone 
service provider. The prepaid wireless telephone service provider is authorized to: 
A. Collect the surcharge on a monthly basis from each customer whose account 
balance is equal to or greater than the amount of the surcharge; 
B. Collect the surcharge, or contract with a retail seller of prepaid wireless telephone 
service to collect the surcharge, from the customer or purchaser at the point-of-sale 
for each 30-day increment of prepaid wireless telephone service that is purchased at 
the time of sale; or 
C. Collect the surcharge indirectly from customers by calculating the total surcharge 
owed by its customers and remitting that amount to the Treasurer of State in 
accordance with subsection 2-B. A prepaid wireless telephone service provider that 
elects the collection method specified in this paragraph must calculate the total 
surcharge owed by: 
(I) Dividing tts the total intrastate prepaid wireless revenue for the month that the 
provider has received from customers or purchasers having a nexus to this State 
as determined pursuant to subsection 1-8 or pursuant to rule of the Public 
Utilities Commission by the national average monthly revenue per H-Sef customer 
or purchaser for prepaid wireless service, as defined determined by the Public 
Utilities Commission by rule; and 
(2) Multiplying the result obtained under subparagraph (1) by the amount of the 
surcharge. 
Sec. 3. 
E-9-1-1 fund. 
The Public' Utilities Commission shall develop 
recommendations regarding the best method of protecting the integrity of the E-9-1-1 
fund established under the Maine Revised Statutes, Title 25, section 2927, and of 
ensuring access to federal grant funds related to the E-9-1-1 system. The commission 
shall report its recommendations to the Joint Standing Committee on Utilities and Energy 
by January IS, 20 I O. The Joint Standing Committee on Utilities and Energy may report 
out legislation relating to the subject matter of this section to the Second Regular Session 
of the I 24th Legislature.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT :3" to H.P. 731, L.D. 1056 
SUMMARY 
This amendment is the minority report of the committee. The amendment replaces the 
bill. The amendment makes certain changes to the law governing collection of the 
E-9-1-1 surcharge on prepaid wireless telecommunications service to clarifY the 
determination of whether a prepaid wireless customer has a nexus to the State and to 
clarifY the calculation of an approximate number of customers that is included in one of 
the methods for determining the surcharge amount that a prepaid wireless 
telecommunications service provider must remit to the State. 
The 
amendment also 
directs 
the 
Public. Utilities 
Commission 
to 
make 
recommendations to the Joint Standing Committee on Utilities and Energy by January 15, 
II 
2010 regarding the best method of protecting the integrity of the E-9-1-1 fund and 
ensuring access to federal grant funds related to the E-9-1-1 system, and it authorizes the 
committee to report out legislation on this subject to the Second Regular Session of the 
124th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/07/09 frac. 
'I 
LD 1056 
LR 1595(03) 
An Act To Simplify the Assessment ofE-9-1-1 Surcharges on Prepaid Wireless Telecommunications 
Service 
Fiscal Note for Bill as Amended by Committee Amendment:.B" 
Committee: Utilities and Energy 
. 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the PUC associated with modifying the method of collection of E-9-1-1 surcharges can be 
absorbed within existing budgeted resources. 
LR1595(03) - Fiscal Note - Page 1 of 1 
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