N.H. Admin. Code § Saf-C 7007.01

Current through Register No. 44, October 31, 2024
Section Saf-C 7007.01 - Imposition of the Surcharge
(a) The surcharge, set forth in RSA 106-H:9, shall be assessed by each local exchange telephone carrier and other telecommunication service provider to any customer or subscriber which is capable of accessing, connecting with, or interfacing with enhanced 911 by dialing or initializing or otherwise activating the enhanced 911 system through the numerals "911" by means of a landline local telephone exchange device, cellular telephone device, wireless communications device, radio, or any other communications devices or means.
(b) Notwithstanding the provisions of (a) above, the surcharge set forth in RSA 106-H:9 shall be collected by each seller of prepaid commercial radio service from a consumer with respect to each retail transaction sourced to New Hampshire.
(c) For purposes of (b) above, a retail transaction shall be sourced to New Hampshire:
(1) If the transaction occurs in person at a seller's location in New Hampshire;
(2) If (1) does not apply, the prepaid commercial mobile radio service is evidenced by a physical item, such as a card, and the purchaser provides a New Hampshire delivery address for such item;
(3) If (1) and (2) do not apply, the consumer gives a New Hampshire address during the consummation of the sale, including the address associated with the consumer's payment instrument if no other address is available, and the address is not given in bad faith; or
(4) If (1)-(3) do not apply, the consumer's mobile telephone number is associated with a postal zip code, telephone area code, or location within New Hampshire.

N.H. Admin. Code § Saf-C 7007.01

#9091, eff 2-21-08 (See Revision Note at chapter heading for Saf-C 7000)

Amended by Volume XXXVI Number 28, Filed July 14, 2016, Proposed by #11128, Effective 6/29/2016, Expires 6/29/2026.