971010.docx

October 20, 1997
Susan D. Thomas
Ada County Prosecutor’s Office, Civil Division
650 Main St., 2nd Floor
Boise, ID 83702
RE: 911 User Fees
Dear Susan:
Pursuant to our conversation last Thursday, I have reviewed GST Telecom’s local exchange tariffs.  The Company’s tariffs do not contain a 911 user fee section.  Although GST does not have a 911 tariff or price listing, this does not present an impediment to the county assessing the 911 fee.  As reflected in the annotations to Idaho Code § 31-4804, there is a prior Attorney General opinion that the 911 surcharge is a tax rather than a fee.  The 911 Governing Board has the authority, following electoral approval, to impose the user fee.  Consequently, the lack of a 911 tariff does not mean Ada County cannot collect the fee.
I have also enclosed for your review our standard cover letter and information booklet sent to perspective providers of local exchange service in Idaho.  As you will see, 911 fees are not mentioned in either document.  These documents are currently being revised to reflect changes resulting from amendments to the Idaho Telecommunications Act.  Given our upcoming revisions of these documents, would you like to add language regarding the 911 fee?  If so, please send your suggestions to me no later than October 30, 1997.
If you have any questions, please contact me at 334-0312.  I look forward to receiving your comments.
Sincerely yours,
Donald L. Howell, II
Deputy Attorney General
DH/cm\L:thomas.dh
Enclosure
cc:Joe Cusick
SUSAN D.  THOMAS
ADA COUNTY PROSECUTOR’S OFFICE, CIVIL DIVISION
650 MAIN ST., 2ND FLOOR
BOISE, ID 83702