{"data":{"id":"us-ky/krs-65.7635","jurisdiction":"us-ky","citation":"KRS 65.7635","heading":"Duty of commercial mobile radio service providers to act as collection","body":"agents for postpaid service charges for fund -- Procedure for collection of\nservice charges before and after January 1, 2017.\n(1) Each CMRS provider shall act as a collection age nt of the CMRS postpaid service\ncharge for the CMRS fund. From its customers, the provider shall, as part of the\nprovider's billing process, collect the CMRS postpaid service charges levied upon\nCMRS connections under KRS 65.7629(3) from each CMRS connecti on to whom\nthe billing provider provides CMRS. Each billing provider shall list the CMRS\npostpaid service charge as a separate entry on each bill which includes a CMRS\npostpaid service charge. If a CMRS provider receives a partial payment for a\nmonthly bil l from a CMRS customer, the provider shall first apply the payment\nagainst the amount the CMRS customer owes the CMRS provider. For CMRS\ncustomers who purchase CMRS services on a prepaid basis, the CMRS service\ncharge shall be determined according to one ( 1) of the following methodologies as\nelected by the CMRS provider, until January 1, 2017, at which time the CMRS\nprepaid service charge imposed under KRS 65.7634 and collected under KRS\n142.100 to 142.135 shall take effect and paragraphs (a) and (b) of thi s subsection\nshall no longer be in force:\n(a) The CMRS provider shall collect, on a monthly basis, the CMRS service\ncharge specified in KRS 65.7629(3) from each active customer whose account\nbalance is equal to or greater than the amount of service charge; or\n(b) The CMRS provider shall divide its total earned prepaid wireless telephone\nrevenue received with respect to its prepaid customers in the Commonwealth\nwithin the monthly 911 emergency service reporting period by fifty dollars\n($50), multiply the quo tient by the service charge amount, and pay the\nresulting amount to the board.\n(2) A CMRS provider has no obligation to take any legal action to enforce the\ncollection of the CMRS postpaid service charges for which any CMRS customer is\nbilled. Collection a ctions to enforce the collection of the CMRS postpaid service\ncharge against any CMRS customer may, however, be initiated by the state, on\nbehalf of the board, in the Circuit Court of the county where the bill for CMRS\nservice is regularly delivered, and the reasonable costs and attorneys' fees which are\nincurred in connection with any such collection action may be awarded by the court\nto the prevailing party in the action.\n(3) State and local taxes shall not apply to a separately stated CMRS postpaid servi ce\ncharge.\n(4) To reimburse itself for the cost of collecting and remitting the CMRS postpaid\nservice charge, each CMRS provider may deduct and retain from the CMRS\npostpaid service charges it collects during each calendar month an amount not to\nexceed one and one-half percent (1.5%) of the gross aggregate amount of CMRS\npostpaid service charges it collected that month.\n(5) All CMRS postpaid service charges imposed under KRS 65.7621 to 65.7643\ncollected by each CMRS provider, less the administrative fee des cribed in\nsubsection (4) of this section, are due and payable to the board monthly and shall be\nremitted on or before thirty (30) days after the end of the calendar month. Collection\nactions may be initiated by the state, on behalf of the board, in the Fra nklin Circuit\nCourt or any other court of competent jurisdiction, and the reasonable costs and\nattorneys' fees which are incurred in connection with any such collection action may\nbe awarded by the court to the prevailing party in the action.","path":["KRS Chapter 65"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45293","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:22Z","sha256":"f28b8bcdcfdafb2acab74b8265d2ade3e2d067a5b32397ae0245fdb1193d7f90","source_id":"us-ky","stale":false,"prev":"us-ky/krs-65.7634","next":"us-ky/krs-65.7636"},"notice":"GroundRules: Original legal text. Not legal advice."}