HomeMy WebLinkAboutusf_00.pdfUNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
i
IDAPA 31
TITLE 46
Chapter 01
31.46.01 - UNIVERSAL SERVICE FUND RULES
TABLE OF CONTENTS
000. Legal Authority (Rule 0) ....................................................................................................... 1
001. Title and Scope (Rule 1) ....................................................................................................... 1
002. Written Interpretations—Agency Guidelines (Rule 2) ......................................................... 1
003. Administrative Appeals (Rule 3) .......................................................................................... 1
004. Public Records Act Compliance (Rule 4) ............................................................................. 1
005. Definitions (Rule 5) .............................................................................................................. 1
01. Basic Local Exchange Service ....................................................................................... 1
02. Basic Local Exchange Rate ........................................................................................... 2
03. Business Telephone Service .......................................................................................... 2
04. Local Exchange Company (LEC) .................................................................................. 2
05. Local Exchange Service ................................................................................................. 2
06. Message Telecommunication Service (MTS) ................................................................ 2
07. MTS/WATS Company .................................................................................................. 2
08. Residential Customer ..................................................................................................... 2
09. Residential Telephone Service ....................................................................................... 2
10. Residual Revenue Requirement ..................................................................................... 2
11. Small Business Customer .............................................................................................. 3
12. Telecommunication Service ........................................................................................... 3
13. Telephone Corporation .................................................................................................. 3
14. WATS ............................................................................................................................ 3
006. Citation (Rule 6) ................................................................................................................... 4
007. Effective Date—History of Rules (Rule 7) ........................................................................... 4
008.—100. (RESERVED) ........................................................................................................... 4
RULES 101 THROUGH 200—GENERAL PROVISIONS
101. Establishment and Purposes (Rule 101) ............................................................................... 4
102. Administrator of the USF (Rule 102) ................................................................................... 4
103. Statewide End-User Surcharges (Rule 103) ......................................................................... 5
01. Imposition of Surcharges ............................................................................................... 5
02. Local Exchange Surcharges ........................................................................................... 5
03. MTS/WATS Surcharges ................................................................................................ 5
04. Remittance of Surcharges .............................................................................................. 5
104. The Commission’s Determination of Funding Levels (Rule 104) ........................................ 5
01. Issuance of Commission Order ...................................................................................... 5
02. Findings and Directives of the Order Prescribing Statewide End-User Surcharges ...... 5
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
ii
03. Calculation of Local Surcharges .................................................................................... 6
04. Calculation of MTS/WATS Surcharges ........................................................................ 7
105. Telephone Corporations’ Authorization to Impose Surcharges (Rule 105) ......................... 7
01. Local Exchange Companies ........................................................................................... 7
02. MTS/WATS Companies ................................................................................................ 8
106. Applications for Funds—Orders for Funding (Rule 106) ..................................................... 8
01. Eligibility ....................................................................................................................... 8
02. Continuation of Eligibility ............................................................................................. 8
03. Form of Application ....................................................................................................... 9
04. Changes to Funding on Commission’s Own Motion ..................................................... 9
05. Order for Disbursement ................................................................................................. 9
107.—200. (RESERVED) ........................................................................................................... 9
RULES 201 THROUGH 300.
TELEPHONE CORPORATIONS’ OBLIGATIONS
201. Telephone Corporations’ Monthly Remittances of USF Surcharges (Rule 201) ............... 10
01. Local Exchange Companies ......................................................................................... 10
02. MTS/WATS Companies .............................................................................................. 10
03. Failure to Comply ........................................................................................................ 11
202. Telephone Corporations’ .................................................................................................... 11
01. Requirement to Report ................................................................................................. 11
02. The Administrator’s Compliance Report ..................................................................... 11
03. Failure to Comply ........................................................................................................ 11
203. Local Exchange Companies’ (LECs’) Annual Reports to the Administrator (Rule 203) .. 11
01. Reporting of One-Party, Single-Line Residence and Business Lines and Rates ......... 11
02. Inventories of Other Local Access Lines ..................................................................... 12
03. MTS/WATS Actual Access Minutes and Revenues ................................................... 12
04. MTS/WATS Equivalent Access Minutes .................................................................... 13
204. MTS/WATS Companies’ Annual Reports to the Administrator (Rule 204) ...................... 13
01. Total Intrastate MTS Minutes and Revenues............................................................... 13
02. Total Intrastate WATS Minutes and Revenues ........................................................... 13
205.—300. (RESERVED) ......................................................................................................... 13
RULES 301 THROUGH 400.
THE ADMINISTRATOR’S OBLIGATIONS
301. The Administrator’s Quarterly Report to the Commission (Rule 301) .............................. 13
01. List of Companies Receiving Disbursements .............................................................. 13
02. Administrator Fees and Expenses ................................................................................ 14
03. List of Companies Remitting Surcharges .................................................................... 14
04. Aggregate Amount ....................................................................................................... 14
05. Interest Earned ............................................................................................................. 14
06. Fund Balances .............................................................................................................. 14
302. The Administrator’s Calculations from the Annual Reports (Rule 302) ............................ 14
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
iii
01. Weighted Statewide Average Rates for One-Party, Single-Line Residence
and Business Services .................................................................................................. 14
02. Inventory of Local Service Lines ................................................................................. 14
03. Statewide Weighted Average Rate for MTS/WATS Access Minute` ......................... 14
04. Access .......................................................................................................................... 15
303. The Administrator’s Annual Report to the Commission (Rule 303) .................................. 15
01. The Administrator’s Compliance Report ..................................................................... 15
02. Report of Existing Conditions ..................................................................................... 15
03. Recommendation ......................................................................................................... 16
04. Review by Commission Staff ...................................................................................... 16
05. Report a Public Record—Workpapers Exempted Trade Secrets ................................ 16
304.—400. (RESERVED) ......................................................................................................... 17
RULES 401 THROUGH 500—
EXEMPTIONS FROM REPORTING AND REMITTANCES
401. LECs’ Exemption from Reporting and Remittances (Rule 401) ........................................ 17
01. Criteria for Exemption ................................................................................................. 17
02. Action on Requests ...................................................................................................... 17
03. Requests of Exemptions ............................................................................................... 17
04. Petition from Initial Denial by Commission Staff or Administrator ........................... 17
402. MTS/WATS Companies—Resellers’ Exemption from Reporting and Remittances
(Rule 402) ........................................................................................................................... 17
01. Criterion for Exemption ............................................................................................... 17
02. Requirements of Request for Exemption ..................................................................... 18
03. Action on Requests ...................................................................................................... 18
04. File of Exemption ........................................................................................................ 18
05. Petition from Initial Denial by the Commission Staff and Administrator ................... 18
403.—999. (RESERVED) ......................................................................................................... 18
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
1
000. LEGAL AUTHORITY (Rule 0).
These rules are adopted under the general legal authority of the Telecommunications Act of
1988, Chapter 6, Title 62, Idaho Code, and the specific authority of Section 62-610, Idaho Code.
[Adopted, G.O. 184.] (7-1-93)
Statutory Reference: Idaho Code § 62-610.
001. TITLE AND SCOPE (Rule 1).
The title of these rules is “Universal Service Fund Rules”. Their scope is that they apply to all
telephone corporations’ collection of and payment of monies to fund the Universal Service Fund,
to all disbursements from the Universal Service Fund, to all actions by the Universal Service
Fund Administrator, and to any other matter that may involve the Universal Service Fund.
[Adopted, G.O. 184.] (7-1-93)
002. WRITTEN INTERPRETATIONS--AGENCY GUIDELINES (Rule 2).
For rulemakings conducted before July 1, 1993, written interpretations to these rules in the form
of explanatory comments accompanying the order of proposed rulemaking and review of
comments submitted in the order adopting these rules are maintained in the files of the Secretary
of the Idaho Public Utilities Commission and are available from the office of the Commission
Secretary. The Commission Secretary may be contacted in writing at the Idaho Public Utilities
Commission, PO Box 83720, Boise, Idaho 83720-0074, or may be reached by telephone at (208)
334-0300. For rulemakings conducted after July 1, 1993, written interpretations to these rules in
the form of explanatory comments accompanying the notice of proposed rulemaking that
originally proposed the rules and review of comments submitted in the rulemaking decision
adopting these rules are published in the issues of the Idaho Administrative Bulletin proposing or
adopting the rules. (7-1-93)
003. ADMINISTRATIVE APPEALS (Rule 3).
Any telephone corporation aggrieved by any decision of the Universal Service Fund
Administrator or the Commission Staff under these rules may petition the Commission to review
the decision of the Administrator or the Commission Staff by filing a formal petition according
to the Commission’s Rules of Procedure, IDAPA 31.01.01.000, et seq. (7-1-93)
004. PUBLIC RECORDS ACT COMPLIANCE (Rule 4).
Rule 303.05 details which papers filed with the Commission in connection with the
administration of the Universal Service Fund are public records and which are trade secrets
exempt from disclosure under Section 74-107, Idaho Code. (4-5-00)
005. DEFINITIONS (Rule 5).
01. Basic Local Exchange Service. “Basic local exchange service” means the provision
of access lines to residential and small business customers with the associated transmission of
two-way interactive switched voice communication within a local exchange area. See Section
62-603(1), Idaho Code. (7-1-93)
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
2
02. Basic Local Exchange Rate. “Basic local exchange rate” means the monthly charge
imposed by a telephone corporation for basic local exchange service, but does not include any
charges resulting from action by a federal agency or taxes or surcharges imposed by a
governmental body that are separately itemized and billed by a telephone corporation to its
customers. See Section 62-603(2), Idaho Code. (7-1-93)
03. Business Telephone Service. “Business telephone service” means
telecommunication service that is not residential telephone service. (7-1-93)
04. Local Exchange Company (LEC). “Local exchange company” (LEC) is a telephone
corporation providing local exchange service to customers in Idaho. (7-1-93)
05. Local Exchange Service. “Local exchange service” means the provision of local
exchange access lines to residential or business customers with the associated transmission of
two-way interactive switched voice-grade transmission within a local exchange area.
(7-1-93)
06. Message Telecommunication Service (MTS). “Message telecommunication service
(MTS)” means the transmission of two-way interactive switched voice communication between
local exchange areas for which charges are made on a per-unit basis, not including wide area
telecommunications service (WATS), or its equivalent, or individually negotiated contracts for
telecommunication services. See Section 62-603(6), Idaho Code. (7-1-93)
07. MTS/WATS Company. “MTS/WATS company” means a telephone corporation
providing Idaho intrastate MTS or WATS services within the definition of Section 62-603(6),
Idaho Code. (7-1-93)
08. Residential Customer. “Residential customer” means a person to whom
telecommunication services are furnished at a dwelling and which are used for personal or
domestic purposes and not for business, professional or institutional purposes. See Section 62-
603(a), Idaho Code. (7-1-93)
09. Residential Telephone Service. “Residential telephone service” means
telecommunication service furnished and maintained at a dwelling primarily for personal or
domestic purposes and not for business, professional or institutional purposes, i.e., service
provided to a residential customer as defined in Section 62-603(7), Idaho Code. (7-1-93)
10. Residual Revenue Requirement. “Residual revenue requirement means a local
exchange company’s revenue requirement as determined by the Commission less revenue
generated by all intrastate telecommunication services, including local exchange services priced
at one hundred twenty-five percent (125%) or more of the weighted statewide average and
MTS/WATS access services priced at one hundred percent (100%) or more of the statewide
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
3
average, less contributions from the federal universal service fund. See Section 62-610(4), Idaho
Code. (7-1-93)
11. Small Business Customer. “Small business customer” means a business entity,
whether an individual, partnership, corporation or any other business form, to whom
telecommunication services are furnished for occupational, professional or institutional purposes,
and whose business entity does not subscribe to more than five (5) access lines within a building.
See Section 62-603(a), Idaho Code. (7-1-93)
12. Telecommunication Service. “Telecommunication Service” means the transmission
of two-way interactive switched signs, signals, writing, images, sounds, messages, data, or other
information of any nature by wire, radio, light waves, or other electromagnetic means (which
includes message telecommunication service and access service), which originate and terminate
in Idaho, and are offered to or for the public, or some portion thereof, for compensation.
“Telecommunication Service” does not include the one-way transmission to subscribers of:
(7-1-93)
a. Video programming; or (7-1-93)
b. Other programming service, and subscriber interaction, if any, which is required for
the selection of such a video programming or other programming service, surveying, or the
provision of radio paging, mobile radio telecommunication services, answering services
(including computerized or otherwise automated answering or voice message services), and such
services shall not be subject to the provisions of Title 61, Idaho Code, or Title 62, Idaho Code.
See Section 62-603(9), Idaho Code. (7-1-93)
13. Telephone Corporation. “Telephone corporation” means every corporation or
person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, providing
telecommunication services for compensation within Idaho. Telephone corporations providing
radio paging, mobile radio telecommunications services, answering services (including
computerized or otherwise automated answering or voice message services), or one-way
transmission to subscribers of: (7-1-93)
a. Video programming; or (7-1-93)
b. Other programming service, and subscriber interaction, if any, which is required for
the selection of such a video programming or other programming service or surveying are
exempt from any requirement of Title 62 or Title 61, Idaho Code, in the provision of such
services. See Section 62-603(10), Idaho Code. (7-1-93)
14. WATS. “WATS” means wide-area telecommunications service. (7-1-93)
[Adopted, G.O. 184.]
Statutory Reference: Idaho Code § 62-603.
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
4
006. CITATION (Rule 6).
The official citation of these rules is IDAPA 31.46.01.000 et seq. For example, this rule is cited
as IDAPA 31.46.01.006. In documents submitted to the Commission or issued by the
Commission, these rules may be cited by their short title of Universal Service Fund Rules
(USFR) and the parenthetical rule number. For example, this rule may be cited as USFR 6.
(7-1-93)
007. EFFECTIVE DATE--HISTORY OF RULES (Rule 7).
The Commission adopted predecessors to these rules in 1991. They were most recently codified
as IDAPA 31.N.3. They were readopted and reformatted by rulemaking decision in Docket
Number 31-4601-9301, effective July 1, 1993. The history of rulemaking proceedings preceding
the initiation of the publishing of the Idaho Administrative Bulletin and the Idaho Administrative
Code is available from the Commission Secretary. (7-1-93)
008. -- 100. (RESERVED).
RULES 101 THROUGH 200 - GENERAL PROVISIONS
101. ESTABLISHMENT AND PURPOSES (Rule 101).
Section 62-610, Idaho Code, directs the Commission to establish a universal service fund (USF)
for the purposes of maintaining universal availability of local exchange service at reasonable
rates and to promote the availability of message telecommunication service (MTS) at reasonably
comparable prices throughout the state of Idaho. The USF is established pursuant to this statute.
Rules or orders issued by the Commission concerning administration of the USF supersede
previous rules, orders or provisions of the contract between the Commission and the Universal
Service Fund administrator. (7-1-93)
[Adopted, G.O. 184.]
Statutory Reference: Idaho Code § 62-610.
102. ADMINISTRATOR OF THE USF (Rule 102).
The Commission shall contract with an administrator of the universal service fund. The
administrator of the USF shall receive all monies surcharged by telephone corporations for
payment into the USF, account for those monies pending their disbursement, disburse those
monies to qualifying recipients according to the terms of the administrator’s contract and the
Commission’s rules and orders, and comply with the other requirements of these rules or orders.
The administrator shall have the authority to hire an attorney approved by the Commission to
pursue enforcement action, including initiating civil proceedings, against telephone corporations
that violate the USF rules. The Commission has a right to audit the books and records of the
administrator of the USF. (4-26-95)
[Adopted, G.O. 184; amended, G.O. 192.]
Statutory Reference: Idaho Code § 62-610.
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
5
103. STATEWIDE END-USER SURCHARGES (Rule 103).
01. Imposition of Surcharges. Pursuant to 62-610(2), Idaho Code, the USF is funded by
the imposition of statewide end-user surcharges on local exchange, MTS and wide-area
telephone service (WATS) services in amounts to be determined by the Commission pursuant to
Rule 104. (7-1-93)
02. Local Exchange Surcharges. The local exchange surcharges are imposed monthly as
cents-per-line charges uniform throughout the state with the business-residential differential for
the surcharges equal to the statewide average business-residential price ratio. (7-1-93)
03. MTS/WATS Surcharges. The MTS and WATS surcharges are imposed monthly on
a uniform basis by: (7-1-93)
a. A uniform cents-per-minute surcharge applied to the monthly MTS and WATS bill of
each end-user for all MTS/WATS companies using this option; or, alternatively, (7-1-93)
b. A company-specific percentage surcharge applied to the monthly MTS and WATS bill
of each end-user. (7-1-93)
04. Remittance of Surcharges. Surcharges of a given level are authorized by order of
the Commission and continue in effect until modified by subsequent order of the Commission.
Surcharges on Title 62 services may be explicitly added to customers’ bills in addition to charges
that would otherwise be collected or may be implicitly included in customers’ bills (and remitted
by the telephone corporation) without increasing customers’ bills. Unless otherwise provided by
order of the Commission or letter from the Commission Staff or from the USF administrator
issued pursuant to Rules 401 or 402, surcharges imposed by these rules are to be remitted
monthly to the administrator pursuant to Rule 201. (7-1-93)
[Adopted, G.O. 184.]
Statutory Reference: Idaho Code § 62-610(2)
Cross Reference: Rules 201, 401, 402.
104. THE COMMISSION'S DETERMINATION OF FUNDING LEVELS (Rule 104).
01. Issuance of Commission Order. On or before September 1 of each year the
Commission shall issue an order in response to the administrator’s report, which will establish
statewide end-user surcharges to be in effect for the twelve (12) months beginning October 1
following issuance of the order. (7-1-93)
02. Findings and Directives of the Order Prescribing Statewide End-User
Surcharges. The order prescribing statewide end-user surcharges for the twelve months
beginning October 1 shall contain the following: (7-1-93)
a. The Commission’s finding of the funding target for the USF for the twelve (12) months
beginning October 1, based upon the anticipated revenue requirement of the USF for those
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
6
twelve (12) months (including certain or likely changes in the revenue requirement of the USF
from that reported by the administrator) and prudent management of minimum fund balances;
(7-1-93)
b. The Commission’s finding of the fair, just, and reasonable contribution to this twelve
(12) month funding target that should be made from local exchange and MTS/WATS surcharges;
and (7-1-93)
c. The Commission’s finding of the statewide end-user surcharges to be imposed for the
twelve (12) months beginning October 1 to reach the funding target. (7-1-93)
03. Calculation of Local Surcharges. The surcharge imposed by Rule 104.02.c. of this
rule to be remitted by each LEC for residence and business local exchange service shall be
calculated in the following manner from the total funds that the Commission finds should be
recovered from local exchange surcharges: (7-1-93)
Example of Calculation of Local Service Surcharge
a. Total dollars to be funded from local service surcharges -- twenty-four thousand dollars
($24,000)/month. (7-1-93)
b. Total local residence lines (as reported in Rule 302.02) -- four hundred fifty thousand
(450,000) (7-1-93)
c. Weighted, state-wide average one-party, single-line flat residence rate (as reported in
Rule 302.03) -- ten dollars ($10)/month (7-1-93)
d. Hypothetical Residence revenues under statutory formula (line b x line c) -- four
million five hundred thousand ($4,500,000)/month (7-1-93)
e. Total local business lines (as reported in Rule 302.02) -- fifty thousand (50,000)
(7-1-93)
f. Weighted, statewide average one-party, single-line flat business rate (as reported in
Rule 302.03) -- thirty dollars ($30)/month (7-1-93)
g. Hypothetical business revenues under statutory formula (line e x line f) -- one million
five hundred thousand dollars ($1,500,000)/month (7-1-93)
h. Total hypothetical revenue (line d + line g) -- six million dollars ($6,000,000) (7-1-93)
i. Residence relative responsibility (line d / line h) -- .7500 (7-1-93)
j. Residence total responsibility -- eighteen thousand dollars ($18,000) (7-1-93)
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
7
k. Residence surcharge (line j / line b) -- four cents ($.04)/month (7-1-93)
l. Business relative responsibility (line g / line h) -- .2500 (7-1-93)
m. Business total responsibility (line a x line l) -- six thousand dollars ($6,000)/month
(7-1-93)
n. Business surcharge (line h /line e) -- twelve cents ($.12)/month (7-1-93)
* These hypothetical revenues from residence and business lines do not correspond to any actual
revenues received by telephone corporations. Instead, they represent a calculation of revenues
that would result if every residence and business line subscribed to one-party, single-line service
at the weighted statewide average rate calculated for those services, which is the statutory
formula underlying the calculation of the surcharges. The Commission may round the
surcharges for local residence and business service to the nearest cent per month. (7-1-93)
04. Calculation of MTS/WATS Surcharges. The surcharge imposed by Rule
Subsection 104.02.c. of this rule to be remitted by each MTS/WATS company for MTS/WATS
service shall be calculated in one (1) of two (2) alternative manners: (7-1-93)
a. A uniform cents per minute surcharge for all MTS/WATS companies using this option
will be calculated by the Commission by dividing the total revenues to be recovered from toll
surcharges from all companies by the total actual toll minutes reported for all companies under
Rule 204; or, alternatively, (7-1-93)
b. A company-specific percentage surcharge will be calculated by the company (and
reviewed by the administrator) by multiplying the individual MTS/WATS company’s total toll
minutes as reported in Rule 204 by the cents-per-minute surcharge calculated in a above, then
dividing by the total toll revenues as reported for that company reported in Rule 204. (7-1-93)
[Adopted, G.O. 184.]
Statutory Reference: Idaho Code § 62-610.
105. TELEPHONE CORPORATIONS' AUTHORIZATION TO IMPOSE SURCHARGES
(Rule 105).
01. Local Exchange Companies. All local exchange companies are authorized to impose
a surcharge for residence and business local exchange service in the amounts set forth in the
order issued pursuant to Rule 104.03. The LEC may impose surcharges on the service of any
customer subscribing to local service on or after October 1 following issuance of the order and
may prorate the surcharge in the same manner as the LEC prorates other flat monthly charges.
(7-1-93)
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
8
02. MTS/WATS Companies. All MTS/WATS companies (except those exempted from
remitting surcharges to the USF administrator pursuant to Rule 402) are authorized to impose a
surcharge on Idaho intrastate MTS/WATS services in the amounts set forth in the order issued
pursuant to Rule 104.04. The MTS/WATS surcharge may be imposed in two (2) different
manners: (7-1-93)
a. The MTS/WATS company is authorized to impose beginning October 1 following
issuance of the order an MTS/WATS surcharge per toll minute in the amount set forth in the
order issued pursuant to the Rule 104.04.a.; or, alternatively (7-1-93)
b. The MTS/WATS company is authorized to impose beginning October 1 following
issuance of the order an MTS/WATS surcharge on a uniform percentage basis in the manner set
forth in the order issued pursuant to Rule 104.04.b. Within fourteen (14) days after the
Commission has issued its order pursuant to Rule 104 authorizing surcharges on MTS/WATS
service, MTS/WATS companies authorized to impose surcharges under this paragraph must
notify the administrator and the Commission in writing which option they choose for the twelve
(12) months beginning October 1 following issuance of the order. (7-1-93)
[Adopted, G.O. 184.]
Statutory Reference: Idaho Code § 62-610.
Cross Reference: Rule 104.
106. APPLICATIONS FOR FUNDS--ORDERS FOR FUNDING (Rule 106).
01. Eligibility. Pursuant to 62-610, Idaho Code, a telephone corporation that provides
local exchange service and access service for MTS/WATS providers may apply for disbursement
from the USF if: (7-1-93)
a. Its average residence and business rates for local exchange service for one-party,
single-line services exceed one hundred twenty-five percent (125%) of the weighted statewide
average rates for one-party, single-line services for residence and business lines, respectively;
and (7-1-93)
b. Its average rates per minute for MTS/WATS access services exceed one hundred
percent (100%) of the weighted statewide average rate for the same or similar MTS/WATS
access services. (7-1-93)
02. Continuation of Eligibility. Each telephone company’s average rate for one-party
single-line residence and business service and for MTS/WATS access service shall be calculated
individually and compared to the threshold rate based on the newly calculated statewide average
as calculated annually by the Administrator pursuant to Rule 302. In order to continue receiving
USF funding after the first year of eligibility, the rate shall be revised to equal or exceed the
threshold rate, if a company’s average for one-party single-line residence or business service or
its rate for MTS/WATS access service is below the threshold rate and if: (4-5-00)
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
9
a. The difference in the company’s current average rate and the statewide average
threshold rate is greater than three percent (3%), and (4-26-95)
b. The difference in the annual revenue associated with the company’s current rate and
the revenue associated with the statewide average threshold rate is over six thousand dollars
($6,000). (4-26-95)
03. Form of Application. An application for initial USF funding or changes in USF
funding may be made in a general rate case or as otherwise allowed by the Commission.
Applications must quantify the USF funding sought and the proposed rates to be charged for
one-party, single-line residence and business services and for MTS/WATS access services,
indicating how USF funding will benefit the rates for these services. Applications must comply
with the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq. (4-26-95)
04. Changes to Funding on Commission's Own Motion. The Commission on its own
motion may by order change a telephone company’s funding from the USF: (4-26-95)
a. In connection with any proceeding affecting the telephone company’s residual revenue
requirement; (7-1-93)
b. In connection with a recalculation of the statewide average rates for one-party, single-
line residence and business rates and MTS/WATS access services and those recalculations’
effect on the threshold for eligibility for funding; (7-1-93)
c. In connection with redetermination of the percentage of the residual revenue
requirement that should be met by the USF; or (7-1-93)
d. As otherwise provided by order. No order altering a telephone company’s funding
from the USF will be issued without notice that USF funding is at issue and appropriate
opportunity to be heard in person or in writing. (7-1-93)
05. Order for Disbursement. If the Commission finds that an applicant is eligible for
USF disbursements, it may issue an order directing the USF to meet between seventy-five
percent (75%) and one hundred percent (100%) of the telephone corporation’s residual revenue
requirement as defined in Section 62-610(4), Idaho Code. See Rule 005.10. Disbursements from
the USF shall be made monthly in one twelfth (1/12) of the annual disbursements ordered by the
Commission. (4-26-95)
[Adopted, G.O. 184; amended, G.O. 192; amended, G.O. 200.]
Statutory Reference: Idaho Code § 62-610.
Cross Reference: 31.01.01.000
107. -- 200. (RESERVED).
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
10
RULES 201 THROUGH 300.
TELEPHONE CORPORATIONS' OBLIGATIONS
201. TELEPHONE CORPORATIONS' MONTHLY REMITTANCES OF USF
SURCHARGES (Rule 201).
01. Local Exchange Companies. Unless otherwise provided by order, letter from the
Commission Staff or from the USF administrator issued pursuant to Rule 401, all LECs
providing local exchange service in Idaho shall remit the following funds to the administrator on
or before the first day of the month: (7-1-93)
a. The number of local residence lines in service in Idaho on the first day of the preceding
month multiplied by the monthly residence surcharge the companies are authorized to impose
under Rules 104.03 and 105.01; and (7-1-93)
b. The number of local business lines in service in Idaho on the first day of the preceding
month multiplied by the monthly business surcharge the companies are authorized to impose
under Rules 104.03 and 105.01. The LEC’s remittance shall be accompanied by a report on a
form supplied by the administrator separately stating the number of local residence and business
lines in service in Idaho for that LEC on the first day of the preceding month. This amount shall
be remitted to the administrator without regard to whether the local exchange company has
separately imposed the surcharge authorized by Rules 104.03 and 105.01. (7-1-93)
02. MTS/WATS Companies. Unless otherwise provided by Order of the Commission or
letter from the Commission Staff or from the USF administrator issued pursuant to Rule 402, all
MTS/WATS companies offering intrastate MTS or WATS services in Idaho shall remit the
following funds to the administrator on or before the first day of the month: (7-1-93)
a. The number of actual toll minutes billed to customers in Idaho for intrastate
MTS/WATS services in the last complete monthly billing cycle billed by the first day of the
preceding calendar month multiplied by the surcharge per toll minute that the companies were
authorized to impose under Rules 104.04.a and 105.02.a; or, alternatively (7-1-93)
b. The percentage surcharge of revenues from all intrastate MTS/WATS services
provided in last complete monthly billing cycle billed by the first day of the preceding calendar
month that the companies are authorized to impose under Rules 104.04.b. and 105.02.b. These
MTS/WATS companies’ remittances under both a and b of this paragraph shall be accompanied
by a report on a form supplied by the administrator separately stating the number of toll minutes
billed and the revenues associated with the toll minutes and showing the calculation of the
surcharge on those minutes for the period stated in this paragraph. These amounts shall be
remitted to the administrator without regard to whether the MTS/WATS company has separately
imposed the surcharge authorized by Rules 104.04 and 105.02. (7-1-93)
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
11
03. Failure to Comply. A telephone corporation failing to comply with this rule is
subject to all sanctions provided by Section 62-620, Idaho Code. (7-1-93)
[Adopted, G.O. 184.]
Statutory Reference: Idaho Code §§ 62-610, 62-620.
Cross Reference: Rules 104, 105, 401.
202. TELEPHONE CORPORATIONS' ANNUAL REPORTING TO ADMINISTRATOR
(Rule 202).
01. Requirement to Report. Unless otherwise provided by order of the Commission or
letter from the Commission Staff or from the USF administrator issued pursuant to Rule 402, on
or before May 30 of each year all telephone corporations providing local exchange service or
MTS/WATS intrastate service in Idaho shall report to the administrator the information required
by these rules. The administrator shall annually supply forms for these reports on or before May
1 to all telephone corporations for which the administrator has records showing that the
telephone corporation provides one (1) or more of these services. The administrator’s failure to
supply forms does not relieve any such telephone corporation of its reporting requirements under
these rules and statute. The reports that this rule requires to be filed with the administrator should
not be filed with the Commission. (7-1-93)
02. The Administrator's Compliance Report. The administrator shall report to the
Commission on or before June 15 whether all telephone corporations receiving the forms have
complied with the reporting requirements of this Rule 202 and Rules 203 and 204, specifically
identifying telephone corporations that have failed to report altogether, those that have
incompletely reported, those that have reported late, and those that have failed to remit the
monthly surcharges required by Rule 201. The report shall include a summary of the actions
taken against the telephone corporations not complying with the USF rules. See Rule 303.
(4-26-95)
03. Failure to Comply. A telephone corporation failing to comply with this rule is
subject to all sanctions provided. (7-1-93)
[Adopted, G.O. 184; amended, G.O. 192.]
Statutory Reference: Idaho Code §§ 62-610, 62-620.
Cross Reference: Rules 203, 204, 303, 402.
203. LOCAL EXCHANGE COMPANIES' (LECS') ANNUAL REPORTS TO THE
ADMINISTRATOR (Rule 203).
01. Reporting of One-Party, Single-Line Residence and Business Lines and Rates.
The reports prescribed for LECs by this rule and Rule 202 must include the following
information concerning the LEC’s customer base and rates for each of the LEC’s rate groups as
of May 1 of that year: (7-1-93)
a. Rates for one-party, single-line, flat-rate residential service (inclusive of mandatory
extended area service (EAS) surcharges) and the number of customers subscribing to the service
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
12
in each rate group, unless exchanges within the rate group have different rates, in which case
exchange-by-exchange reporting is required; (7-1-93)
b. Rates for one-party, single-line, flat-rate business service (inclusive of mandatory EAS
surcharges) and the number of customers subscribing to the service in each rate group, unless
exchanges within the rate group have different rates, in which case exchange-by-exchange
reporting is required; and (7-1-93)
c. The company-wide, weighted average rate for residential and business services
described in Rules 203.01.a. and 203.01.b. of this paragraph. Rural zone and mileage charges are
excluded from the rates reported in this paragraph. (7-1-93)
02. Inventories of Other Local Access Lines. These reports must also include reporting
for each rate group (or exchange if required by Subsection 203.01) the following inventories of
customers and public network access lines of other local services as of May 1 of that year:
(7-1-93)
a. Multi-party residence local service; (7-1-93)
b. Multi-party business local service; (7-1-93)
c. Semi-public pay telephone service; (7-1-93)
d. Public access line service for customer-owned pay telephones; (7-1-93)
e. Centron, centrex or other central-office based telecommunication systems (including
only the public network access lines to this kind of equipment, not the number of station lines
behind the equipment); and (7-1-93)
f. Local service trunks for private branch exchanges (PBXs). (7-1-93)
03. MTS/WATS Actual Access Minutes and Revenues. These reports must also
include the following information: (7-1-93)
a. Rates for access minutes associated with the provision of MTS/WATS services in
effect on May 1 of that year; (7-1-93)
b. Total minutes and revenues billed for MTS/WATS access services for the preceding
calendar year; (7-1-93)
c. Total revenues that would be obtained by billing the access minutes reported in Rule
203.03.b. at the rates reported in Rule 203.03.a.; and (7-1-93)
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
13
d. Total revenues from billing and collection services for the preceding calendar year. If
different exchanges have different rates, each rate must be reported as a separate line item,
indicating the exchanges in which service is offered at each rate and total number of minutes
billed to service at each rate. In making this report, telephone companies must include revenues
associated with sale of intrastate access under feature groups A, B, C and D. (7-1-93)
04. MTS/WATS Equivalent Access Minutes. If the LEC provides MTS/WATS services
in addition to basic exchange services, these reports must also include a conversion of the LEC’s
annual billed MTS/WATS minutes into “equivalent access minutes”. The method used to
convert billed toll minutes into equivalent access minutes must be shown with the number of toll
minutes used in the calculation. Actual access minutes reported pursuant to Rule 203.03 of this
rule must be separately stated from “equivalent access minutes” reported under this paragraph.
The manner in which these data may be filed is shown in Rules 302.03.a. through 302.03.h.
[Adopted, G.O. 184.] (7-1-93)
Statutory Reference: Idaho Code § 62-610.
Cross Reference: Rules 202, 302.
204. MTS/WATS COMPANIES' ANNUAL REPORTS TO THE ADMINISTRATOR
(Rule 204).
The reports prescribed for telephone corporations offering intrastate MTS or WATS services
(including those that are also LECs) by this rule and by Rule 202 must include the following
information for the calendar year preceding the year in which the report is due: (7-1-93)
01. Total Intrastate MTS Minutes and Revenues. (7-1-93)
02. Total Intrastate WATS Minutes and Revenues. (7-1-93)
[Adopted, G.O. 184.]
Statutory Reference: Idaho Code § 62-610.
Cross Reference: Rule 202.
205. -- 300. (RESERVED).
RULES 301 THROUGH 400.
THE ADMINISTRATOR'S OBLIGATIONS
301. THE ADMINISTRATOR'S QUARTERLY REPORT TO THE COMMISSION (Rule
301).
On or before the fifteenth day after the close of each quarter, the administrator shall submit a
report to the Commission providing the following information: (7-1-93)
01. List of Companies Receiving Disbursements. A list of all companies receiving
disbursements from the USF during the quarter, the individual disbursements for each company
during the quarter, and the total disbursements to companies during the quarter; (7-1-93)
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
14
02. Administrator Fees and Expenses. The administrator’s fees and expenses for the
quarter; (4-26-95)
03. List of Companies Remitting Surcharges. A list of all companies remitting
surcharges to the USF during the quarter, indicating which companies remitted LEC surcharges,
which companies remitted MTS/WATS surcharges, and which companies remitted both;
(7-1-93)
04. Aggregate Amount. The aggregate amount of LEC surcharges remitted to the USF
during the quarter, the aggregate amount of MTS/WATS surcharges remitted to the USF during
the quarter, and the total of the two (2); (7-1-93)
05. Interest Earned. Interest earned during the quarter; and (7-1-93)
06. Fund Balances. Beginning, ending and monthly fund balances for the quarter,
together with any other information that may be necessary to calculate beginning and ending
balances for the quarter. (7-1-93)
[Adopted, G.O. 184; amended, G.O. 192.]
Statutory Reference: Idaho Code § 62-610.
302. THE ADMINISTRATOR'S CALCULATIONS FROM THE ANNUAL REPORTS
(Rule 302).
01. Weighted Statewide Average Rates for One-Party, Single-Line Residence and
Business Services. From the annual reports provided by LECs pursuant to Rule 203.01, the
administrator shall calculate a weighted, state-wide average, one-party, single-line, flat residence
rate and a weighted, state-wide average, one-party, single-line, flat business rate, including EAS
surcharges. (7-1-93)
02. Inventory of Local Service Lines. From the annual reports of LECs provided
pursuant to Rule 203.01 and 203.02, the administrator shall calculate the total number of local
service lines in Idaho, with subtotals for residence and business service lines and for the
categories of lines listed in Rule 203.02. (7-1-93)
03. Statewide Weighted Average Rate for MTS/WATS Access Minute. From the
annual reports of LECs provided pursuant to Rule 203.03 and 203.04. The administrator shall
calculate a statewide weighted average rate per MTS/WATS access minute in the manner shown
in the following example: (7-1-93)
Example Using Three Companies
a. Actual annual access minutes (as reported under Rule 203.03.b.) 500 500 1,000
b. Annual pro forma actual access revenues (as reported under Rule 203.03.c.) $50 $40 $50
c. Average pro forma revenue per actual access minute (line b/line a) $.10/min $.08/min $.05/min
d. Calculated equivalent access minutes from MTS/WATS (as reported under Rule 203.04) 0 1,000 2,000
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
15
e. Assigned average revenue (from line c) $.10/min $.08/min $.05/min
f. Calculated equivalent access revenue (line d x line e) $0 $80 $100
g. Total actual and equivalent access minutes (line a + line d) 500 1,500 3,000
h. Total pro forma and equivalent access revenues (line b + line f) $50 $120 $150
i. Average revenue per total actual and equivalent access minutes (line h /line g) $.10/min $.08/min $.05/min
j. All companies' total actual and equivalent access minutes (sum of entries on line g) --- 5,000 ---
k. Company's ratio of total state access minutes (lineg/line j) .1000 .3000 .6000
l. All companies' total actual and equivalent access revenues (sum of entries of line H) --- $320 ---
(7-1-93)
04. Access. The figures for access minutes and access revenues on lines a, b and d
include all access minutes and all access revenues from any access service reported pursuant to
Rule 203.03 or 203.04, and all access under any feature group. (7-1-93)
[Adopted, G.O. 184.]
Statutory Reference: Idaho Code § 62-610.
Cross Reference: Rule 203.
303. THE ADMINISTRATOR'S ANNUAL REPORT TO THE COMMISSION (Rule 303).
01. The Administrator's Compliance Report. The administrator shall report to the
Commission on or before June 15 whether all telephone corporations receiving the forms have
complied with the reporting requirements of this Rule 303 and Rules 202, 203, and 204,
specifically identifying telephone corporations that have failed to report altogether, those that
have incompletely reported, those that have reported late, and those that have failed to remit the
monthly surcharges required by Rule 201. The report shall include a summary of the actions
taken against the telephone corporations not complying with the USF rules. (4-26-95)
02. Report of Existing Conditions. On or before July 15 of each year the administrator
shall submit a report to the Commission providing the following information: (7-1-93)
a. Calculations of weighted statewide average rates required by Rule 302, providing
workpapers showing each telephone corporation’s contributions to the totals and averages
contained in the administrator’s calculation in Rule 302. (7-1-93)
b. Calculations of the USF’s expected revenues under the status quo for the twelve (12)
months beginning July 1 made by: (7-1-93)
i. Multiplying the existing local surcharge for residence service by the statewide total
residence lines as of May 1; (7-1-93)
ii. Multiplying the existing local surcharge for business service by the statewide total
business lines as of May 1; (7-1-93)
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
16
iii. Multiplying the total MTS/WATS access minutes for the previous calendar year by
the existing MTS/WATS surcharge per access minute; and (7-1-93)
iv. Summing the three (3) products. (7-1-93)
c. Calculations of the expected revenue requirement of the USF under the status quo for
the twelve (12) months beginning July 1 made by listing and summing the annualized rate of
disbursement for every telephone corporation for which the Commission has ordered and
authorized disbursements from the USF together with the administrator’s annual budget for
administration of the USF. (7-1-93)
d. Calculations of the expected revenue requirement of the USF as described in Rule
303.02.c. assuming that companies revise their rates pursuant to Rule 106.02 to maintain funding
eligibility and that their USF funding is adjusted pursuant to Rule 106.04. (4-26-95)
e. Actual USF balances at the end of the quarters ending in June, September and
December of the preceding year and of the quarters ending in March and June of the year of the
report (or the estimated USF balance for the quarter ending June 30 if actual balances are not yet
available). (4-26-95)
03. Recommendation. The administrator shall report the USF’s expected surplus or
deficit for the twelve (12) months beginning July 1 based upon the assumption that the USF
surcharges will not be changed. The administrator shall also report whether this surplus or deficit
will alter the expected fund balance during the twelve (12) months beginning July 1 following
the report significantly enough to recommend that USF surcharges be raised or lowered. If the
administrator believes that the USF surcharges should be raised or lowered, the administrator
shall recommend a target balance for the USF for the end of the twelve months beginning July 1
following this report and the amount by which USF collections would be increased or decreased
beginning October 1 to meet this target. (7-1-93)
04. Review by Commission Staff. On or before August 15 the Commission Staff shall
review the calculations and recommendations of the administrator and call any errors or
omissions to the attention of the administrator and the Commission. (7-1-93)
05. Report a Public Record--Workpapers Exempted Trade Secrets. The report of the
administrator showing statewide aggregate totals of local service and MTS/WATS revenues,
inventories of services, and other information not identifying any telephone corporation or
customer is a public record available for inspection, examination and copying under Section 74-
102, Idaho Code. The workpapers accompanying the report showing individual telephone
corporations' data for Title 62 services and individual telephone corporation's reports to the
administrator showing data for Title 62 services, together with any data for Title 61 services
protected from disclosure under applicable trade secret law, are trade secrets exempt from
disclosure under Section 74-107, Idaho Code. (4-5-00)
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
17
[Adopted, G.O. 184; amended, G.O. 192; amended, G.O. 201.]
Statutory Reference: Idaho Code §§ 74-102, 74-107; 62-610.
Cross Reference: Rules 202, 203, 204, 302.
304. -- 400. (RESERVED).
RULES 401 THROUGH 500 –
EXEMPTIONS FROM REPORTING AND REMITTANCES
401. LECs' EXEMPTION FROM REPORTING AND REMITTANCES (Rule 401).
01. Criteria for Exemption. Local exchange companies may be exempted from monthly
remittances and monthly reporting to the USF administrator under Rule 201 by order of the
Commission or letter from the Commission Staff or from the USF administrator upon the
grounds that the LEC provides such a small number of local service lines in Idaho and generates
such a small monthly surcharge that neither the practical administration of the USF nor the
public interest requires monthly remittances and reporting. (7-1-93)
02. Action on Requests. The order or letter excusing the LEC from monthly reporting
shall specify quarterly, semiannual or annual remittances and reporting instead. The order or
letter may be issued upon request of the LEC or upon the initiative of the Commission, the
Commission Staff, or the USF administrator without a request from the LEC. No LEC will be
excused from making remittances less often than annually nor from annual reporting under Rules
202 and 203. (7-1-93)
03. Requests of Exemptions. This Commission Staff shall maintain a file of all
exemptions under this rule and supply a copy to the Commission Secretary and to the USF
administrator. (7-1-93)
04. Petition from Initial Denial by Commission Staff or Administrator. If a request
for a LEC’s exemption is denied by the Commission Staff or the Administrator, the LEC may
petition the Commission. (7-1-93)
[Adopted, G.O. 184.]
Statutory Reference: Idaho Code § 61-1001; 62-611.
Cross Reference: Rules 201, 202, 203.
402. MTS/WATS COMPANIES--RESELLERS' EXEMPTION FROM REPORTING
AND REMITTANCES (Rule 402).
01. Criterion for Exemption. MTS/WATS companies may be exempted from monthly
remittances and monthly reporting to the USF administrator under Rule 201 by Order of the
Commission or letter from the Commission Staff or from the USF administrator upon the
grounds that the MTS/WATS company is exclusively a reseller of MTS/WATS services from
another MTS/WATS company that is already remitting the surcharge prescribed for MTS/WATS
services for all of the reselling MTS/WATS company’s MTS/WATS minutes. (7-1-93)
UNIVERSAL SERVICE FUND RULES IDAPA 31.46.01
18
02. Requirements of Request for Exemption. No exemption will be given under this
rule unless the reselling MTS/WATS company has requested an exemption in writing. The
request for exemption shall be directed to the Commission Secretary (or if received by the
administrator or a member of the Commission Staff forwarded to the Commission Secretary).
The request for exemption must state that the MTS/WATS company is seeking a reseller’s
exemption, must name the reseller’s underlying MTS/WATS carrier, must certify that the named
underlying carrier carries all of the reseller’s traffic in Idaho, and must be accompanied by a
letter from the underlying carrier stating that the reselling carrier requesting the exemption is a
customer of the underlying carrier, that the underlying carrier is remitting the surcharge to the
USF for all minutes sold to the reselling carrier, and that the reseller will notify the Commission
whenever one of its underlying carriers changes. (7-1-93)
03. Action on Requests. The Commission Staff or the USF administrator may grant a
reseller an exemption from monthly remittances of USF surcharges and from monthly reporting
of MTS/WATS use if the reseller has shown that another MTS/WATS company is remitting the
surcharge for all of the reseller’s minutes. The exemption shall require the reseller to report to
the Commission Staff whenever it changes its underlying carrier. The exemption ordinarily
excuses the reseller from annual reporting under Rules 202 and 203, but does not exempt the
reseller from annual recertification upon request of the Commission Staff or the administrator of
its continuing status as a reseller. However, the Commission Staff or the administrator may
require an exempt reseller to file an annual report upon written notification that the Commission
Staff or administrator requires an annual report for that year. (7-1-93)
04. File of Exemptions. The Commission Staff shall maintain a file of all exemptions
under this rule and supply a copy to the Commission Secretary and to the USF administrator.
(7-1-93)
05. Petition from Initial Denial by the Commission Staff or Administrator. If a
request for a reseller’s exemption is denied by the Commission or the Commission Staff or the
Administrator, the company may petition to the Commission. The petition must contain a
description of the telephone company’s network connections. (7-1-93)
[Adopted, G.O. 184.]
Statutory Reference: Idaho Code §§ 61-1003, 61-1004, 61-1005, 61-1007; 62-611.
Cross Reference: Rules 202, 203.
403. -- 999. (RESERVED).