DAR File No. 38936

Public Service Commission, Administration

Section R746-341-5

Duties of ETCs

Notice of Proposed Rule

(Amendment)

DAR File No.: 38936
Filed: 11/06/2014 10:31:26 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment is necessary to address errors and consistency issues associated with the prior rule amendment.

Summary of the rule or change:

The following is a summary of the amendments to the rule: 1) in Section R746-341-5, clarified that the list was not exclusive by adding the words "but not limited to"; 2) clarified that the division had meant five business days rather than five days; and 3) simplified a reporting deadline by making the report due by May 1.

State statutory or constitutional authorization for this rule:

• Section 54-4-1
• Section 54-4-4

Anticipated cost or savings to:

the state budget:

The previous amendment has already streamlined the government�s responsibilities for this program.

local governments:

The lifeline program will have no fiscal impact on local government because the program only disburses money to private companies. Local governments will not be required to collect taxes nor will they receive any payments. As such, this rule amendment will have no effect on local government.

small businesses:

The lifeline program will have no fiscal impact on small businesses because the program only disburses money to eligible telecommunication carriers approved by the Public Service Commission. As such, this rule amendment will have no effect on small businesses.

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

The rule amendment simplifies reporting requirements.

Compliance costs for affected persons:

This rule amendment will result in slightly lower compliance costs for eligible telecommunication carriers as it has made it possible for the carriers to use their normal business processes to prepare the required report rather than having to engage in special work projects.

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

This rule amendment will have no fiscal impact on businesses because the program only disburses money to eligible telecommunication carriers approved by the Public Service Commission.

Ron Allen, 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 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

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:

12/31/2014

This rule may become effective on:

01/07/2015

Authorized by:

Jordan White, Legal Counsel

R746. Public Service Commission, Administration.

R746-341. Lifeline Rule.

R746-341-5. Duties of ETCs.

A. State ETCs

1. Each state ETC shall, monthly, send to the program administrator changes in the status of the Lifeline participants to whom the state ETC provides Lifeline telephone service, including, but not limited to:

a. participants changing residence locations (addresses);

b. participants switching carriers; or

c. customers who no longer receive telephone service.

2. The records sent shall contain the full identifying information for each participant as required by the program administrator's policies.

3. Each state ETC shall provide information to potential applicants regarding how to receive an application from the program administrator. This information shall be provided in person, on the phone, in written format at the ETC's offices, and online at the ETC's website.

4. Each state ETC shall add the Lifeline discount to a customer's account, as directed by the program administrator, within five business days.

5. Each state ETC shall remove the Lifeline discount from a participant's account as directed by the program administrator within five business days of notification of the participant's ineligible status.

6. Each state ETC shall update the NLAD whenever it implements changes in a participants' Lifeline status in accordance with the requirements for NLAD updates found in 47 CFR Section 54.404.

7. If a Lifeline participant seeks to switch service to a different ETC, the program administrator shall be notified by the participant of their desire to switch Lifeline providers. Once informed by the program administrator of the applicant's eligibility, the involved ETCs shall follow all applicable NLAD procedures to accomplish the participant's desired switch.

8. Annually, each state ETC shall send the program administrator the participant list as defined by the FCC in its May 22, 2013 Public Notice in Docket No. 11-42 and any subsequent FCC guidance. The list shall be provided to the program administrator by May 1 of each year.[when the ETC submits the Federal Communication Commission Form 497 for the year in question or March 31, whichever is earlier.] The list shall contain the identifying information as required by the program administrator's policies.

9. If a state ETC has a reasonable basis to believe a Lifeline telephone service participant no longer qualifies for Lifeline service, the ETC shall promptly inform the program administrator and provide the documentation, or reason, for its belief.

10. A state ETC shall cooperate with the Division of Public Utilities to resolve Lifeline service complaints the Division brings to the state ETC's attention.

B. Federal ETCs

Each designated federal ETC shall operate in the State of Utah subject to the conditions outlined in the commission order granting ETC status, the applicable provisions of this rule, and in accordance with the federal Lifeline program requirements.

1. Each federal ETC shall update the NLAD to reflect the ETC's initial eligibility verification decision and the participant's Lifeline status whenever the federal ETC adds or removes a Lifeline customer.

2. Each federal ETC shall update the NLAD with all changes in the ETC's participants' Lifeline status.

3. If a Lifeline participant seeks to switch service to a different ETC the ETCs shall follow all applicable NLAD procedures to accomplish the participant's desired switch.

4. A federal ETC shall cooperate with the Division of Public Utilities to resolve Lifeline service complaints the Division of Public Utilities brings to a federal ETC's attention.

 

KEY: telephone, telecommunications, rules and procedures, lifeline rates

Date of Enactment or Last Substantive Amendment: [2014]2015

Notice of Continuation: October 18, 2010

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