DAR File No. 39851

Public Service Commission, Administration

Rule R746-341

Lifeline Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39851
Filed: 10/19/2015 02:53:47 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:

This rule establishes how the Public Service Commission carries out its duties under Section 214 of the federal Communications Act to oversee Lifeline telecommunications service enrollment. Under Section 54-8b-2, access to Lifeline service is part of "basic residential service."

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

In 2014 three amendments were made to Rule R746-341: 1) the 05/20/2014 rule amendment was necessary to reflect changes in federal Lifeline program rules and procedures and changes to the Public Service Commission's contract with the Department of Workforce Services for Lifeline program administration; 2) the 08/28/2014 rule amendment was necessary to address errors, consistency, and clarification issues associated with the prior rule amendment; and 3) the 11/06/2014 rule amendment was necessary to address errors and consistency issues associated with the prior rule amendment. The Division of Public Utilities, Office of Consumer Services, AT&T, Utah Rural Telecom Association, CenturyLink and i-Wireless commented on the amendments above. Their comments addressed errors and clarification on eligibility requirements, the responsible agency, duties of responsible agency, state lifeline features, reporting requirements, definition of applicant, and definition of lifeline. The Public Service Commission held a technical conference and then issued a Notice of Additional Comment Period. Rule R746-341 went into effect on 01/07/2015.

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

This rule sets out eligibility, service, and funding requirements. This rule must be continued in order to maintain the Lifeline program for low-income customers.

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
• Michael Hammer at the above address, by phone at 801-530-6729, by FAX at , or by Internet E-mail at michaelhammer@utah.gov

Effective:

10/19/2015

Authorized by:

Melanie Reif, Administrative Law Judge