Judges: RICHARD P. IEYOUB
Filed Date: 12/4/1998
Status: Precedential
Modified Date: 7/5/2016
Dear Senator Jordan:
This office is in receipt of your request in which you asked that we reconsider Opinion Number 97-500, which we had previously issued, regarding the ability of the Terrebonne Parish Communications District to levy a service charge on wireless service users without holding another election.
A review of the Opinion indicates that its rationale focused on the language of LSA-R.S.
The governing authority of the district may, when so authorized by a vote of a majority of the persons voting within the district in accordance with law, levy an emergency telephone service charge in an amount not to exceed five percent of the tariff rate. The district governing authority may, upon its own initiative, call such a special election. Any such service charge shall have uniform application and shall be imposed throughout the entirety of the district to the greatest extent possible in conformity with availability of such service in any area of the district.
Opinion 97-500 discounted the effect of Act No.
It is first necessary to consider the statute, LSA-R.S.
LSA-R.S.
"Exchange access facilities" means all lines, provided by the service supplier for the provision of local exchange service, as defined in existing general subscriber services tariffs. (emphasis supplied)
Local exchange service is conventional telephone service, whether residential or business, provided by local landline telephone companies such as BellSouth. LSA-R.S.
"Service supplier" means any person providing exchange telephone service to any service user throughout the parish. (emphasis supplied)
LSA-R.S.
"Tariff rate" means the rate or rates billed by a service supplier as stated in the service supplier's tariffs and approved by the Public Service Commission, that represent the service supplier's recurring charges for exchange access facilities, exclusive of taxes, fees, licenses, or similar charges whatsoever. (emphasis supplied)
The Louisiana Public Service Commission is the governmental authority charged with the responsibility of approving rates or tariffs charged by suppliers of local exchange service. The Federal Communications Commission regulates mobile radio service which we more commonly call wireless or cellular service. The states are specifically preempted in
In 1997, the legislature passed Act 758 which provided relative to enhancements of emergency telecommunications services and authorized the imposition of a service charge on wireless telecommunications services. The act as passed designated the statute as R.S.
Once again, a review of definitions contained in LSA-R.S.
LSA-R.S.
"Exchange access facilities" means all lines or their equivalent wireless service provided by the service supplier for the provision of local exchange service." (emphasis provided)
LSA-R.S.
"Service supplier" means any person providing a landline exchange telephone service or cellular telephone or telecommunications service, specialized mobile radio service, personal communications service, or any form of wireless telephone or telecommunications service now in existence and that may be provided or developed in the future provided that subscribers to such services in the district have access to and can utilize a 911 emergency telephone system." (emphasis added)
LSA-R.S.
"any person, not otherwise exempt from taxation, who is provided a landline exchange telephone service or cellular telephone or telecommunications service, specialized mobile radio service, personal communications service, or any form of wireless telephone or telecommunications service now in existence and that may be provided or developed in the future, provided that subscribers to such services in the district have access to and can utilize a 911 emergency telephone system." (emphasis added)
It is apparent that the legislature was attempting to accomplish two things. First, it recognized that LSA-R.S.
The legislature went on to impose an election requirement prior to the imposition of the service charge.
LSA-R.S.
"The governing authority of the district may, when so authorized by a vote of a majority of the persons voting within the district in accordance with law, levy an emergency telephone service charge." (Emphasis added)
There are clear distinctions between the definitions for exchange access facilities, service suppliers and service users found in LSA-R.S.
Accordingly, we conclude that prior to the imposition of such a surcharge on wireless or cellular service, an election must be held in accordance with the provisions of LSA-R.S.
Very Truly Yours,
RICHARD P. IEYOUB Attorney GeneralBy: __________________________ Deborah H. Baer Assistant Attorney General
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