To ensure that State and local E911 fees, taxes, and surcharges are imposed in a fair and equitable manner with respect to prepaid mobile services.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``E911 Surcharge Fairness Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following: (1) Wireless E911 was established by Congress to provide for vital emergency communications systems for the benefit of end-users of mobile services and the public, and funding methods and surcharges are intended to be the responsibility of end-users and fair, equitable, and competitively neutral among all wireless providers and sellers of wireless service. (2) Wireless services have traditionally been offered on a monthly billed or postpaid basis, but in recent years the offering of wireless services on a ``pay as you go'' or prepaid basis, has grown to be a significant share of the wireless marketplace and this trend is continuing. (3) Wireless E911 has been typically funded in the postpaid model by a uniform monthly surcharge on customer bills, but prepaid mobile services are purchased by customers at retail on a ``pay-as-you-go'' basis, and there are no bills. (4) States have not adopted an effective uniform approach to collecting E911 surcharges from retail ``pay-as-you-go'' customers of mobile services, as has existed with postpaid mobile services, and solutions have ranged from imposing and collecting no surcharges from prepaid customers, to shifting...