DATED: 2002

SECTION 1. Definitions

(a) “Place of primary use" shall mean the street address that is
representative of where the customer’s use of the wireless
communications service primarily occurs, which address must be: (1)
residential street address or the primary business street address of
the customer; and (2) within the licensed service area of the wireless
communications service supplier.
(b) “Wireless communications service supplier” means a
telecommunications corporation that provides service within Montgomery
County.
(c) “System costs or other costs” means the costs associated with
maintaining the telecommunications equipment and the telephone services
necessary to provide an E911 system and costs associated with the
design, construction, operation, maintenance, and administration of
public safety communications networks serving Montgomery County.

SECTION 2. Pursuant to Chapter 424 of 2002 Laws of New York, there is
hereby imposed a surcharge of thirty cents ($.30) per month per
wireless communications device which shall be reflected and made
payable on bills rendered for wireless communications service that is
provided to a customer whose place of primary use is within the County
of Montgomery. Wireless communication service suppliers shall begin to
add the surcharge to all current service bills rendered on or after
February 1, 2003. Any wireless communications service supplier
required to collect the surcharge pursuant to the provisions of this
section shall be given a minimum 'of forty-five (45) days written notice
prior to the date it shall begin to add such surcharge to the billings
of its customers or prior to any modification to or change in the
Surcharge amount.
(a) Each Wireless communications service supplier serving the
County of Montgomery shall act as a collection agent for the County and
shall remit the funds collected pursuant to the surcharge imposed under
the provisions of this section to the Montgomery County Treasurer every
month. Such funds shall be remitted no later than thirty (30) days
after the last business day of the month.
(b) Each wireless communications service supplier shall be
entitled to retain, as an administrative fee, an amount equal to two
percent (2%) of its collections of the surcharge imposed under the
provisions of this section.
(c) The surcharge required to be collected by a wireless
communications service supplier shall be added to and stated separately
in its billings to customers.
(d) Each wireless communications service customer who is subject
to the provisions of this section shall be liable to the County of
Montgomery for the surcharge until it has been paid to the County
except that payment to a wireless communications service supplier shall
be sufficient to relieve the customer from further liability for such
surcharge.
(e) No wireless communications service supplier shall have a legal
obligation to enforce the collection of the surcharge imposed under the
provisions of this section, provided, however, that whenever the
wireless communications service supplier remits the funds collected to
the County of Montgomery, it shall also provide the County of
Montgomery with the name and address of any customer refusing or
failing to pay the surcharge imposed under the provisions of this
section and shall state the amount of such surcharge remaining unpaid.
(f) Each wireless communications service supplier shall annually
provide to the County of Montgomery an accounting of the surcharge
amounts billed and collected.
(g) All surcharge monies remitted to the County of Montgomery by a
wireless communications service supplier shall be expended only upon
authorization of the Montgomery County Board of Supervisors and only
for payment of system costs or other costs associated with the design,
construction, operation, maintenance, and administration of public
safety communications networks serving Montgomery County. The County
of Montgomery shall separately account for and keep adequate books and
records of the amount and source of all such monies and of the, amount
and object or purpose of all expenditures thereof. If, at the end of
any fiscal year, the total amount of all such monies exceeds the amount
necessary for payment of the above mentioned costs in such fiscal year,
such excess shall be reserved and carried over for the payment of those
costs in the following fiscal year.

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SECTION 3. The County of Montgomery shall be exempt from the surcharge
imposed under this local law.

SECTION 4. This local law shall take effect on February 1, 2003
provided, however, that a wireless communications service provider may
treat the address used by such supplier for any wireless communications
customer under a service contract or agreement in effect on July 28,
2002, as that wireless communications customer's place of primary use
for the remaining term of such service contract or agreement, for
purposes of determining the taxing jurisdiction with respect to taxes
on wireless communication service.