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B-215735.2 1 (1987-04-20)

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The Comptroller General
of the United States
W ashington, D.C. 20,548
Decision


          9-1-1 Emergency Number Fee, Hillsborough
Matterof- County, Florida


B-215735.2

April 20, 1987


DIGEST

1. 9-1-1 Emergency Number Fee imposed by Hillsborough
County, Florida is actually a tax, levied to support the
municipal service of access to fire and police, etc.
The fee has all the same characteristics as Maryland and
Texas 9-1-1 fees previously disallowed in 64 Comp.
Gen. 655 and B-215735, Sept. 26, 1986. The fact that
the telephone company is buying 9-1-1 equipment and
selling it to the County government is not sufficient to -
distinguish this case on the grounds that 9-1-1 access
is a service providea by the telephone company to its
customers.

2. 9-1-1 Emergency Number Fee cannot be paid as a ser-
vice charge because the reasonable value of the service
to the United States has not been calculated. Addi-
tionally, the computation of the fee as a flat rate per
telephone line per month is itself an indication that
the charge is not a user charge, but rather a tax.


DECISION

By letter dated August 4, 1986, an authorized Certifying
Officer of the United States Department of Agriculture
asked for an advance decision concerning the propriety
of paying a 9-1-1 Emergency Number Fee included on
invoices for telephone service in the County of Hills-
borough, Florida. We have examined 9-1-1 statutes
before, and issued several decisions holding that 9-1-1
fees are not payable by the Federal Government. Flor-
ida's statute is no exception.


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