DAR File No. 32434

Public Service Commission, Administration

R746-360-5

Fund Remittances and Disbursements

NOTICE OF PROPOSED RULE

DAR File No.: 32434
Filed: 03/11/2009, 09:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change the guidelines for reporting and remittance of Universal Service Fund (USF) surcharge fees collected by telecommunications corporations.

Summary of the rule or change:

Surcharges should be remitted monthly from entities that average $10 or more per month in surcharge collections. Surcharges should be remitted semi-annually from entities that average less than $10 per month in surcharge collections.

State statutory or constitutional authorization for this rule:

Section 54-8b-15

Anticipated cost or savings to:

the state budget:

The amendment will have no effect to the state budget. No changes to state agency activities will occur.

local governments:

The amendment applies only between the Public Service Commission and telecommunications companies that have collected surcharge fees, local government is not affected.

small businesses and persons other than businesses:

No telecommunications carriers subject to this rule have fewer than 50 employees. The proposed change does not apply to persons other than telecommunications carriers.

Compliance costs for affected persons:

Telecommunications carriers collecting small amounts of USF surcharges will not need to send monthly payments in for these small amounts. This will reduce their expenses, albeit by a very small amount. The benefit is simplifying the accounting and transmittal processes for USF surcharge collections. Some monthly remittances have been for $5 or less.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendment will help telecommunications carriers collecting USF surcharges reduce the number of small amount checks they send in to remit USF surcharge collections. Ted Boyer, Commission Chairman

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2009

This rule may become effective on:

05/08/2009

Authorized by:

Sandy Mooy, Legal Counsel

R746. Public Service Commission, Administration.

R746-360. Universal Public Telecommunications Service Support Fund.

R746-360-5. Fund Remittances and Disbursements.

A. Remitting Surcharge Revenues --

1. Telecommunications corporations, not eligible for USF support funds, providing telecommunications services subject to USF surcharges shall collect and remit surcharge revenues to the Commission as follows:

a. if the average monthly USF surcharge collections over the prior six months was ten dollars or greater, within 45 days after the end of each month[.],

b. if the average monthly USF surcharge collections over the prior six months was less than ten dollars, the telecommunications corporation may accrue the USF surcharge collections and submit the accrued collections on a semiannual basis.

2. Telecommunications corporations eligible for USF support funds shall make remittances as follows:

a. Prior to the end of each month, the fund administrator shall inform each qualifying telecommunications corporation of the estimated amount of support that it will be eligible to receive from the USF for that month.

b. Net fund contributions shall be remitted to the Commission within 45 calendar days after the end of each month. If the net amount owed is not received by that date, remedies, including withholding future support from the USF, may apply.

3. The Commission will forward remitted revenues to the Utah State Treasurer's Office for deposit in a USF account.

B. Distribution of Funds -- Net Fund distributions to qualifying telecommunications corporations for a given month shall be made 60 days after the end of that month, unless withheld for failure to maintain qualification or failure to comply with Commission orders or rules.

 

KEY: public utilities, telecommunications, universal service

Date of Enactment or Last Substantive Amendment: [October 1, 2008]2009

Notice of Continuation: November 25, 2008

Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-7-25; 54-7-26; 54-8b-12; 54-8b-15