19991109General Order No 200.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE AMENDMENT OF RULE 106 OF THE COMMISSION’S UNIVERSAL SERVICE FUND RULES (IDAPA 31.46.01.000 et seq.). )
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CASE NO. 31-4601-9901

ADOPTION OF PENDING RULE

GENERAL ORDER NO. 200
In this General Order, the Commission adopts a pending rule that revises Commission Rule 106 concerning eligibility for Universal Service Fund recipients (IDAPA 31.46.01.106). On August 27, 1999, the Commission issued a Notice of Proposed Rulemaking requesting written comments on the Commission’s proposed rule no later than October 27, 1999. The Notice was published in the Administrative Bulletin (Vol. No. 99-10, at 485-486) on October 6, 1999. No party requested a public hearing and no party filed comments.
Based on the record and the Commission’s review of the proposed rule, the Commission adopts the proposed rule as its pending rule. Idaho Code  67-5224. Appendix A to this Order is a Notice of Pending Rules suitable for transmission to the Administrative Rules Coordinator.
FINDINGS
The Commission finds it has authority to promulgate this rule pursuant to Idaho Code §§ 62-602, 62606, 62611, 62-614, 62-615, 62616 and 62-622. The Commission finds that the proposed change to Rule 106 of the Universal Service Fund Rules clarifies that rates for one-party single-line residence and business service for Universal Service Fund (USF) recipients do not have to be revised downward by the Commission where they are higher than one hundred twenty-five percent (125%) of the weighted statewide average. The Commission further finds that Idaho Code § 62-610 clearly authorizes the rates for one-party single-line residence and business service for USF recipients to be higher than one hundred twenty-five percent (125%) of the weighted statewide average. The present rule seems to be inconsistent and seems to imply that the Commission must revise rates downward to equal the new statewide average in order for the participating companies to continue to receive USF funding.
Therefore, the Commission finds that the pending rule is reasonable and complies with existing statutes. The Commission finds that it is in the public interest for the Commission to adopt the pending rule contingent on legislative review.
GENERAL ORDER
IT IS HEREBY ORDERED that the Commission adopts the proposed rule amendment and orders it be transmitted to the Administrative Rules Coordinator for publication in the January 5, 2000 Administrative Bulletin.
THIS IS A FINAL GENERAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. 314601-9901 may seek judicial review in district court pursuant to Idaho Code § 67-5270 and Rule 401 (IDAPA 31.01.01.401) regarding any matter decided in this Order or in interlocutory Orders previously issued in this Case No. 314601-9901.
DONE by ORDER of the Idaho Public Utilities Commission at Boise, Idaho this
day of November 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:31-4601-9901_cc
GENERAL ORDER NO. 200 1

Office of the Secretary
Service Date
November 9, 1999