I. For the purposes of this section, ""Federal Telecommunications Act'' means the federal Telecommunications Act of 1996, Public Law 104-458, 110 Stat. 56. II. Subject to RSA 362:6, the commission shall require every provider of intrastate telephone service to participate in outreach programs designed to increase the number of low-income telephone customers on the network through increased participation in any universal service program approved by the commission and statutorily established by the legislature. Statewide outreach programs shall continue until further order of the commission. III. The commission shall seek to ensure that affordable basic telephone services are available to consumers throughout all areas of the state at reasonably comparable rates. IV. (a) The commission shall develop draft rules to implement this section and shall, after the statutory establishment of a universal service fund, require every provider of intrastate telephone services to contribute to a state universal service fund to support programs consistent with the goals of applicable provisions of this title and the Federal Telecommunications Act. (b) If the commission, upon statutory establishment of a universal service program, establishes a state universal service fund pursuant to this section, the commission shall contract with an appropriate independent fiscal agent that is not a state entity to serve as administrator of the state universal service fund. Program administration shall be designed in the most cost-effective manner possible. Funds contributed to a state universal service fund are not state funds and therefore are not subject to provisions of law relating to the general fund. Rules and any state universal service fund requirements established by legislative enactment and by the commission pursuant to this section shall: (1) Be reasonably designed to maximize federal assistance available to the state for universal service purposes. (2) Meet the state's obligations under the Federal Telecommunications Act. (3) Be consistent with the goals of the Federal Telecommunications Act. (4) Ensure that any requirements regarding contributions to a state universal service fund be nondiscriminatory and competitively neutral. (5) Require explicit identification on customer's bills of contributions to and in the event of fund termination, refunds from, any state universal service fund established pursuant to the section. (6) Allow consideration in appropriate rulemaking proceedings of contributions to and in the event of fund termination, refunds from, any state universal service fund established pursuant to this section. (c) For purposes of this section, ""providers of intrastate telephone services'' includes providers of radio paging service and, subject to the provisions of the Federal Communications Act as amended and codified at 47 U.S.C. sec. 332(c)(3)(A), mobile telecommunications services. (d) Prior to requiring that providers of intrastate telephone service contribute to a state universal service fund and prior to statutory establishment of a universal service fund, the commission shall report to the general court its determination of the expected program costs, the amount and type of the funding mechanism, the number of people proposed to be served, the level of proposed service, and the administrative design of the proposed fund. V. The commission, annually, shall assess the penetration rate of basic telephone services. If this penetration rate ever falls below the national average penetration rate, the commission shall commence an investigation and take steps to enhance telephone market penetration. The commission, annually, shall assess the success of any action taken by the commission to achieve the purpose of this section. The public policy goal should be to raise the low income penetration level as close as reasonably possible to the statewide average. VI, VII. [Repealed.]
Source. 2001, 220:3. 2004, 132:6, eff. July 18, 2004.
I. For the purposes of this section, ""Federal Telecommunications Act'' means the federal Telecommunications Act of 1996, Public Law 104-458, 110 Stat. 56. II. Subject to RSA 362:6, the commission shall require every provider of intrastate telephone service to participate in outreach programs designed to increase the number of low-income telephone customers on the network through increased participation in any universal service program approved by the commission and statutorily established by the legislature. Statewide outreach programs shall continue until further order of the commission. III. The commission shall seek to ensure that affordable basic telephone services are available to consumers throughout all areas of the state at reasonably comparable rates. IV. (a) The commission shall develop draft rules to implement this section and shall, after the statutory establishment of a universal service fund, require every provider of intrastate telephone services to contribute to a state universal service fund to support programs consistent with the goals of applicable provisions of this title and the Federal Telecommunications Act. (b) If the commission, upon statutory establishment of a universal service program, establishes a state universal service fund pursuant to this section, the commission shall contract with an appropriate independent fiscal agent that is not a state entity to serve as administrator of the state universal service fund. Program administration shall be designed in the most cost-effective manner possible. Funds contributed to a state universal service fund are not state funds and therefore are not subject to provisions of law relating to the general fund. Rules and any state universal service fund requirements established by legislative enactment and by the commission pursuant to this section shall: (1) Be reasonably designed to maximize federal assistance available to the state for universal service purposes. (2) Meet the state's obligations under the Federal Telecommunications Act. (3) Be consistent with the goals of the Federal Telecommunications Act. (4) Ensure that any requirements regarding contributions to a state universal service fund be nondiscriminatory and competitively neutral. (5) Require explicit identification on customer's bills of contributions to and in the event of fund termination, refunds from, any state universal service fund established pursuant to the section. (6) Allow consideration in appropriate rulemaking proceedings of contributions to and in the event of fund termination, refunds from, any state universal service fund established pursuant to this section. (c) For purposes of this section, ""providers of intrastate telephone services'' includes providers of radio paging service and, subject to the provisions of the Federal Communications Act as amended and codified at 47 U.S.C. sec. 332(c)(3)(A), mobile telecommunications services. (d) Prior to requiring that providers of intrastate telephone service contribute to a state universal service fund and prior to statutory establishment of a universal service fund, the commission shall report to the general court its determination of the expected program costs, the amount and type of the funding mechanism, the number of people proposed to be served, the level of proposed service, and the administrative design of the proposed fund. V. The commission, annually, shall assess the penetration rate of basic telephone services. If this penetration rate ever falls below the national average penetration rate, the commission shall commence an investigation and take steps to enhance telephone market penetration. The commission, annually, shall assess the success of any action taken by the commission to achieve the purpose of this section. The public policy goal should be to raise the low income penetration level as close as reasonably possible to the statewide average. VI, VII. [Repealed.]
Source. 2001, 220:3. 2004, 132:6, eff. July 18, 2004.
I. For the purposes of this section, ""Federal Telecommunications Act'' means the federal Telecommunications Act of 1996, Public Law 104-458, 110 Stat. 56. II. Subject to RSA 362:6, the commission shall require every provider of intrastate telephone service to participate in outreach programs designed to increase the number of low-income telephone customers on the network through increased participation in any universal service program approved by the commission and statutorily established by the legislature. Statewide outreach programs shall continue until further order of the commission. III. The commission shall seek to ensure that affordable basic telephone services are available to consumers throughout all areas of the state at reasonably comparable rates. IV. (a) The commission shall develop draft rules to implement this section and shall, after the statutory establishment of a universal service fund, require every provider of intrastate telephone services to contribute to a state universal service fund to support programs consistent with the goals of applicable provisions of this title and the Federal Telecommunications Act. (b) If the commission, upon statutory establishment of a universal service program, establishes a state universal service fund pursuant to this section, the commission shall contract with an appropriate independent fiscal agent that is not a state entity to serve as administrator of the state universal service fund. Program administration shall be designed in the most cost-effective manner possible. Funds contributed to a state universal service fund are not state funds and therefore are not subject to provisions of law relating to the general fund. Rules and any state universal service fund requirements established by legislative enactment and by the commission pursuant to this section shall: (1) Be reasonably designed to maximize federal assistance available to the state for universal service purposes. (2) Meet the state's obligations under the Federal Telecommunications Act. (3) Be consistent with the goals of the Federal Telecommunications Act. (4) Ensure that any requirements regarding contributions to a state universal service fund be nondiscriminatory and competitively neutral. (5) Require explicit identification on customer's bills of contributions to and in the event of fund termination, refunds from, any state universal service fund established pursuant to the section. (6) Allow consideration in appropriate rulemaking proceedings of contributions to and in the event of fund termination, refunds from, any state universal service fund established pursuant to this section. (c) For purposes of this section, ""providers of intrastate telephone services'' includes providers of radio paging service and, subject to the provisions of the Federal Communications Act as amended and codified at 47 U.S.C. sec. 332(c)(3)(A), mobile telecommunications services. (d) Prior to requiring that providers of intrastate telephone service contribute to a state universal service fund and prior to statutory establishment of a universal service fund, the commission shall report to the general court its determination of the expected program costs, the amount and type of the funding mechanism, the number of people proposed to be served, the level of proposed service, and the administrative design of the proposed fund. V. The commission, annually, shall assess the penetration rate of basic telephone services. If this penetration rate ever falls below the national average penetration rate, the commission shall commence an investigation and take steps to enhance telephone market penetration. The commission, annually, shall assess the success of any action taken by the commission to achieve the purpose of this section. The public policy goal should be to raise the low income penetration level as close as reasonably possible to the statewide average. VI, VII. [Repealed.]
Source. 2001, 220:3. 2004, 132:6, eff. July 18, 2004.
