DAR File No. 38136

Public Service Commission, Administration

Rule R746-360

Universal Public Telecommunications Service Support Fund

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 38136
Filed: 11/13/2013 12:50:03 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 54-8b-15 requires the Public Service Commission (PSC) to establish rules governing the administration of the Universal Public Telecommunications Service Support Fund. This rule provides for the governance, administration and maintenance of the fund and establishes its revenue sources and disbursement procedures to support residential local access networks. All qualifying telecommunications corporations are able to draw from the fund, which collects and distributes funds in a nondiscriminatory and a competitively and technologically neutral way.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Although no comments were submitted to the Commission in the last five years, some amendments to the rule were made. No comments were received on any of the following amendments: In March 2009 an amendment was made for surcharges to be remitted monthly from entities that average $10 or more per month in surcharge collections. Surcharges less than $10 per month should be remitted semi-annually. In July 2009 an amendment was made to reduce the surcharge from 0.5 percent to 0.25 percent. In August 2010 an amendment was made to define how the PSC shall calculate the "weighted average rate of return on capital" to be used in determining the Incumbent "total embedded costs." In October 2010 an amendment deleted the word "September" from the rule to eliminate potential confusion about the identity of the report to which the rule refers. Subsection R746-360-8 (A)(1)(a)(iii) mistakenly referred to a "September" filing of FCC Form 492A. In June 2011 an amendment was made to increase the surcharge from 0.25 to 1 percent.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule continues to be necessary to allow governance, administration, and maintenance of the fund and to establish its revenue sources and disbursement procedures. Therefore, this rule should be continued.

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

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
• Jordan White at the above address, by phone at 801-530-6712, by FAX at , or by Internet E-mail at jordanwhite@utah.gov

Effective:

11/13/2013

Authorized by:

Jordan White, Legal Counsel