File No. 35509

This rule was published in the January 1, 2012, issue (Vol. 2012, No. 1) of the Utah State Bulletin.


Public Service Commission, Administration

Rule R746-342

Rule on One-Way Paging

Notice of Proposed Rule

(Repeal)

DAR File No.: 35509
Filed: 12/07/2011 10:47:23 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Commission regulates "public telecommunications service" which by statute requires two-way transmission of information. The purpose of the existing rule is to make clear the Commission does not have jurisdiction over one-way paging services. The rule is unnecessary because one-way paging services do not fall within the statutory definition of "public telecommunications service." Also, the rule addresses a technology that is outdated and is now rarely used, if at all.

Summary of the rule or change:

The rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

  • Section 54-4-1

Anticipated cost or savings to:

the state budget:

Repeal will not affect the state budget because the Commissions' statutory authority is clear and the rule is unnecessary.

local governments:

Repeal will not affect the local government because the Commissions' statutory authority is clear and the rule is unnecessary.

small businesses:

Repeal will not affect small businesses because the Commissions' statutory authority is clear and the rule is unnecessary.

persons other than small businesses, businesses, or local governmental entities:

Repeal will not affect other persons because the Commissions' statutory authority is clear and the rule is unnecessary.

Compliance costs for affected persons:

Repeal will not create or reduce compliance costs because the Commission's statutory jurisdiction remains unchanged.

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

The rule dates to a time before wireless services when pagers were in prominent use. It may have been helpful to the general public then to emphasize that Commission jurisdiction over telecommunications services does not extend to one-way communications devices. The limits of the Commission's jurisdiction, however, are clear in the enabling statutes. The rule is unnecessary. Additionally, one-way paging services have been supplanted by cell phone services.

Ted Boyer, 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 sbintz@utah.gov
  • David Clark at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at drexclark@utah.gov

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:

01/31/2012

This rule may become effective on:

02/07/2012

Authorized by:

David Clark, Legal Counsel

RULE TEXT

R746. Public Service Commission, Administration.

[R746-342. Rule on One-Way Paging.

R746-342-1. One Way Paging Service Jurisdiction.

The Public Service Commission of Utah does not have jurisdiction over one-way paging services. The reason for the rule is that one-way paging service does not fall within the definition of a "telephone corporation" in that such service does not utilize a "telephone line."

 

KEY: rules and procedures, public utilities, telecommunications, paying standards*

Date of Enactment or Last Substantive Amendment: 1987

Notice of Continuation: April 1, 2008

Authorizing, and Implemented or Interpreted Law: 54-4-1 ]

 


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2012/b20120101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov; David Clark at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at drexclark@utah.gov.