§ 28-38. Emergency Telephone System Surcharge imposed.

(a)

In order to provide for funding of a 911 Emergency Telephone System in the village, in addition to any other Telecommunications Tax imposed by the village, including, but not limited to, a tax levied pursuant to ILCS ch. 65, act 5, § 8-11-2, a Telecommunications Infrastructure Maintenance Fee, or a simplified Telecommunications Tax as may be enacted pursuant to Public Act 92-526 of the State, a monthly surcharge is hereby imposed on all billed subscribers of network connections provided by telecommunication carriers engaged in the business of transmitting messages by means of electricity originating within the corporate limits of the village at the rate per network connection of $1.50 per month, provided, however:

(1)

That where multiple voice grade communications channels are connected between the subscriber's premises and a public switched network through private branch exchange (PBX) or Centrex-type service, five such surcharges shall be imposed per network connection, as determined in accordance with ILCS ch. 50, act 750, § 12.2(a) and (d), now or hereafter amended; and

(2)

That for mobile telecommunications services, the surcharge shall be imposed based upon the municipality or county that encompasses the customer's place of primary use as defined in ILCS ch. 35, act 638 § 1 et seq., now or hereafter amended.

(b)

For the purposes of computing the surcharge imposed:

(1)

The network connections to which the surcharge shall apply shall be those in-service network connections, other than those network connections assigned to the village, where the service address for each such network connection or connections is located within the corporate limits of the village.

(2)

Except for mobile telecommunication services, the term "service address" means the location of the primary use of the network connection or connections. For mobile telecommunication services, the term "service address" means the customer's place of primary use as defined in ILCS ch. 35, act 638, § 1 et seq.

(3)

With respect to network connections provided for use with pay telephone services for which there is no billed subscriber, the telecommunications carrier providing the network connection shall be deemed to be its own billed subscriber for the purposes of applying the surcharge.

(4)

The definition of the term "network connection" shall be as provided in ILCS ch. 50, act 750, § 2.12, now or hereafter amended.

(5)

The definition of the term "transmitting messages" shall be as provided in ILCS ch. 50, act 750, § 2.13, now or hereafter amended.

(Code 1993, § 17-3.2; Ord. No. 2002-O-101, 12-10-2002)