KRS 65.7636: Lifeline program provider to collect and remit monthly CMRS service

charge to board -- Enforcement of service charge collection -- No impact on

CMRS fees imposed prior to January 1, 2017 -- Prohibited use of moneys

received.

(1) As used in this s ection, "Lifeline provider" means a CMRS provider that the

Kentucky Public Service Commission has deemed or deems eligible to participate

in the wireless low-income Lifeline program and to receive reimbursement from the

universal service fund managed by th e Federal Communications Commission

pursuant to the federal Telecommunications Act of 1996, 47 U.S.C. secs. 151 et

seq.

(2) A Lifeline provider shall be liable for a CMRS service charge equal to the amount

of the CMRS postpaid service charge levied under K RS 65.7629 and shall remit a

monthly payment to the Kentucky 911 Services Board equal to the product of the

following factors:

(a) The amount of the postpaid CMRS service charge levied under KRS 65.7629;

and

(b) The number of unique end users with Kentucky addresses for which the

Lifeline provider received reimbursement from the universal service fund

during the immediately preceding month.

(3) All service charges levied by this section are due and payable to the board monthly

and shall be remitted on or be fore thirty (30) days after the end of the calendar

month. Collection actions may be initiated by the state, on behalf of the board, in

the Franklin Circuit Court or any other court of competent jurisdiction, and the

reasonable costs and attorney's fees which are incurred in connection with any such

collection action may be awarded by the court to the prevailing party in the action.

(4) Nothing in this section shall be interpreted or otherwise construed to impact

litigation pending in the courts of the Comm onwealth commencing on or before

March 1, 2016, regarding the application of CMRS fees imposed prior to January 1,

2017, to CMRS providers receiving reimbursement from the universal service fund.

(5) A Lifeline provider shall not use any moneys received fo r participation in the

wireless low-income Lifeline program from the universal service fund managed by

the Federal Communications Commission pursuant to the federal

Telecommunications Act of 1996, 41 U.S.C. secs. 151 et seq., to pay for any portion

of the CMRS service charge levied on the Lifeline provider under this section.