DAR File No. 42632

Public Service Commission, Administration

Section R746-8-403

Lifeline Support

Notice of Proposed Rule

(Amendment)

DAR File No.: 42632
Filed: 02/28/2018 10:48:11 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The new Rule R746-8 created ambiguity as to whether landline carriers would continue to be eligible to receive subsidies under state lifeline programs. (EDITOR'S NOTE: The proposed new Rule R746-8 was published in the January 15, 2018, Bulletin under Filing No. 42424 and is effective as of 02/21/2018.)

Summary of the rule or change:

Subsection R746-8-403(2)(a)(i) is added to clarify landlines would be eligible to receive Lifeline subsidies.

Statutory or constitutional authorization for this rule:

• Section 54-3-1
• Section 54-4-1
• Section 54-8b-10
• Section 54-8b-15

Anticipated cost or savings to:

the state budget:

This minor amendment to a recently enacted rule should have no impact on the state budget. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity.

local governments:

This minor amendment to a recently enacted rule should have no impact on local governments. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity.

small businesses:

This minor amendment to a recently enacted rule should have no impact on small business. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity.

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

This minor amendment to a recently enacted rule should have no impact on business. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity.

Compliance costs for affected persons:

This minor amendment to a recently enacted rule should have no impact on affected persons. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity.

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

This minor amendment to a recently enacted rule should have no impact on business. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity.

Thad LeVar, Commission Chair

The full text of this rule may be inspected, during regular business hours, at the Office 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

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:

04/16/2018

This rule may become effective on:

04/23/2018

Authorized by:

Michael Hammer, Administrative Law Judge

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This minor amendment to a recently enacted rule should have no impact on business. This amendment merely confirms the existing, established regulatory practice of allowing landline based service providers to receive subsidies under state Lifeline programs. Landline carriers have long been eligible for the subsidy. When this rule became effective, the text created ambiguity as to whether Landline carries would continue to be eligible. This amendment clarifies the ambiguity.

 

PSC Chair Thad LeVar has reviewed and approved this fiscal analysis.

 

 

R746. Public Service Commission, Administration.

R746-8. Utah Universal Public Telecommunications Service Support Fund (UUSF).

R746-8-403. Lifeline Support.

(1) In addition to any disbursement calculated under R746-8-401 or R746-8-402, an ETC may receive an ongoing distribution through ongoing participation in a Commission-approved Lifeline program upon a specific finding of public interest by the Commission.

(2)(a) The support claimed under this Subsection R746-8-403 may not exceed $3.50 per Lifeline subscriber per month of subscription to a service that:

(i) provides service over landlines; or

(i i)(A) meets FCC broadband Lifeline requirements as set forth in 47 C.F.R. 54.408; and

(B) for wireless Lifeline, allows, at no charge beyond the basic monthly fee, unlimited texting and at least 750 voice minutes per month; or

(ii i)(A) meets FCC broadband Lifeline requirements as set forth in 47 C.F.R. 54.408; and

(B) does not include a voice component.

(b) Lifeline distributions will be based on eligible Lifeline subscribers as of the first day of each month, with no prorated discounts.

(3) An ETC that is approved to participate in the Commission Lifeline program shall:

(a) provide potential Lifeline subscribers with application materials and information;

(b) provide service to any customer who is verified as eligible for participation through:

(i) the FCC's national verifier system; or

(ii) if the FCC's national verifier system is not yet operational, the program administrator with which the Commission contracts to administer the initial and continued eligibility verification of state Lifeline participants;

(c) waive, for Lifeline subscribers, the following charges:

(i) customer security deposits, if the customer voluntarily elects to receive toll blocking; and

(ii) within any 12-month period, the first nonrecurring service charge for:

(A) changing local exchange usage service to Lifeline service; and

(B) changing from flat rate service to message rate service; and

(d)(i) add the Lifeline discount to a customer's account within five (5) business days of notification of the customer's eligibility under FCC Lifeline requirements; and;

(ii) remove the Lifeline discount from a Lifeline subscriber's account within five (5) business days of notification of the Lifeline subscriber's ineligibility under FCC Lifeline requirements; and

(e) submit to the Division by May 1 of each year, a complete Lifeline subscriber list, as defined by the FCC.

(4) An ETC participating in the Commission Lifeline program may not:

(a) disconnect Lifeline telephone service for nonpayment of toll service;

(b) require a Lifeline subscriber to purchase additional services from the ETC; or

(c) prohibit a Lifeline subscriber from purchasing additional services from the ETC, unless the participant fails to comply with the ETC's terms and conditions for those additional services.

 

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10