Sec. 3. State authority over fees

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Nothing in this Act, any amendment made by this Act, the Communications Act of 1934 ( 47 U.S.C. 151 et seq.), or any Commission regulation or order may prevent the imposition and collection of a fee or charge applicable to a commercial mobile service or an IP-enabled voice service specifically designated by a State, a political subdivision of a State, an Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601–1624 ; 85 Stat. 688 et seq.) for the support or implementation of 9–8–8 services, if the fee or charge is held in a sequestered account to be obligated or expended only in support of 9–8–8 services, or enhancements of such services, as specified in the provision of State or local law adopting the fee or charge.

For each class of subscribers to IP-enabled voice services, the fee or charge may not exceed the amount of any such fee or charge applicable to the same class of subscribers to telecommunications services. To ensure efficiency, transparency, and accountability in the collection and expenditure of a fee or charge for the support or implementation of 9–8–8 services, not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commission shall submit to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that— details the status in each State of the collection and distribution of such fees or charges; and includes findings on the amount of revenues obligated or expended by each State or political subdivision thereof for any purpose other than the purpose for which any such fees or charges are specified.

In this section: The term commercial mobile service has the meaning given that term under section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ). The term IP-enabled voice service has the meaning given that term by section 9.3 of the Commission’s regulations (47 C.F.R. 9.3), as those regulations may be amended by the Commission from time to time. The term State has the meaning given that term in section 7 of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615b ).

The term telecommunications service has the meaning given that term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ).

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