State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-08b > 54-8b-15

54-8b-15. Universal Public Telecommunications Service Support Fund --Established.
(1) For purposes of this section:
(a) "Basic telephone service" means local exchange service and may include such otherfunctions and elements, if any, as the commission determines to be eligible for support by thefund.
(b) "Fund" means the Universal Public Telecommunications Service Support Fundestablished in this section.
(2) The commission shall establish a restricted special revenue fund known as the"Universal Public Telecommunications Service Support Fund," which is to be implemented byJanuary 1, 1998.
(3) The commission shall:
(a) institute a proceeding within 30 days of the effective date of this section to establishrules governing the administration of the fund; and
(b) issue those rules by October 1, 1997.
(4) The rules in Subsection (3) shall be consistent with the Federal TelecommunicationsAct.
(5) Operation of the fund shall be nondiscriminatory and competitively andtechnologically neutral in the collection and distribution of funds, neither providing a competitiveadvantage for, nor imposing a competitive disadvantage upon, any telecommunications provideroperating in the state.
(6) The fund shall be designed to:
(a) promote equitable cost recovery of basic telephone service through the imposition ofjust and reasonable rates for telecommunications access and usage; and
(b) preserve and promote universal service within the state by ensuring that customershave access to affordable basic telephone service.
(7) To the extent not funded by a federal universal service fund or other federaljurisdictional revenues, the fund shall be used to defray the costs, as determined by thecommission, of any qualifying telecommunications corporation in providing publictelecommunications services to:
(a) customers that qualify for a commission-approved lifeline program; and
(b) customers, where the basic telephone service rate considered affordable by thecommission in a particular geographic area is less than the costs, as determined by thecommission for that geographic area, of basic telephone service.
(8) The fund shall be portable among qualifying telecommunications corporations. Requirements to qualify for funds under this section shall be defined by rules established by thecommission.
(9) As necessary to accomplish the purposes of this section, the fund shall provide amechanism for specific, predictable, and sufficient funds in addition to those provided under thefederal universal service fund.
(10) (a) Subject to Subsection (10)(b):
(i) each telecommunications corporation that provides intrastate publictelecommunication service shall contribute to the fund on an equitable and nondiscriminatorybasis;
(ii) for purposes of funding the fund, the commission shall have the authority to require

all corporations that provide intrastate telecommunication services in this state to contributemoney to the fund through explicit charges determined by the commission;
(iii) any charge described in Subsection (10)(a)(ii) may not apply to wholesale services,including access and interconnection; and
(iv) charges associated with being a provider of public telecommunications service shallbe in the form of end-user surcharges applied to intrastate retail rates.
(b) A telecommunications corporation that provides mobile telecommunications serviceshall contribute to the fund only to the extent permitted by the Mobile TelecommunicationsSourcing Act, 4 U.S.C. Sec. 116 et seq.
(11) Nothing in this section shall be construed to enlarge or reduce the commission'sjurisdiction or authority, as provided in other provisions of this title.
(12) Any telecommunications corporation failing to make contributions to this fund orfailing to comply with the directives of the commission concerning its books, records, or otherinformation required to administer this section shall be subject to applicable penalties.
(13) The commission shall have a bill prepared for the 1998 General Session of theLegislature to place in statute as much of the regulation implemented by rule pursuant to the actthe commission believes is practicable.

Amended by Chapter 256, 2002 General Session
Amended by Chapter 320, 2002 General Session

State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-08b > 54-8b-15

54-8b-15. Universal Public Telecommunications Service Support Fund --Established.
(1) For purposes of this section:
(a) "Basic telephone service" means local exchange service and may include such otherfunctions and elements, if any, as the commission determines to be eligible for support by thefund.
(b) "Fund" means the Universal Public Telecommunications Service Support Fundestablished in this section.
(2) The commission shall establish a restricted special revenue fund known as the"Universal Public Telecommunications Service Support Fund," which is to be implemented byJanuary 1, 1998.
(3) The commission shall:
(a) institute a proceeding within 30 days of the effective date of this section to establishrules governing the administration of the fund; and
(b) issue those rules by October 1, 1997.
(4) The rules in Subsection (3) shall be consistent with the Federal TelecommunicationsAct.
(5) Operation of the fund shall be nondiscriminatory and competitively andtechnologically neutral in the collection and distribution of funds, neither providing a competitiveadvantage for, nor imposing a competitive disadvantage upon, any telecommunications provideroperating in the state.
(6) The fund shall be designed to:
(a) promote equitable cost recovery of basic telephone service through the imposition ofjust and reasonable rates for telecommunications access and usage; and
(b) preserve and promote universal service within the state by ensuring that customershave access to affordable basic telephone service.
(7) To the extent not funded by a federal universal service fund or other federaljurisdictional revenues, the fund shall be used to defray the costs, as determined by thecommission, of any qualifying telecommunications corporation in providing publictelecommunications services to:
(a) customers that qualify for a commission-approved lifeline program; and
(b) customers, where the basic telephone service rate considered affordable by thecommission in a particular geographic area is less than the costs, as determined by thecommission for that geographic area, of basic telephone service.
(8) The fund shall be portable among qualifying telecommunications corporations. Requirements to qualify for funds under this section shall be defined by rules established by thecommission.
(9) As necessary to accomplish the purposes of this section, the fund shall provide amechanism for specific, predictable, and sufficient funds in addition to those provided under thefederal universal service fund.
(10) (a) Subject to Subsection (10)(b):
(i) each telecommunications corporation that provides intrastate publictelecommunication service shall contribute to the fund on an equitable and nondiscriminatorybasis;
(ii) for purposes of funding the fund, the commission shall have the authority to require

all corporations that provide intrastate telecommunication services in this state to contributemoney to the fund through explicit charges determined by the commission;
(iii) any charge described in Subsection (10)(a)(ii) may not apply to wholesale services,including access and interconnection; and
(iv) charges associated with being a provider of public telecommunications service shallbe in the form of end-user surcharges applied to intrastate retail rates.
(b) A telecommunications corporation that provides mobile telecommunications serviceshall contribute to the fund only to the extent permitted by the Mobile TelecommunicationsSourcing Act, 4 U.S.C. Sec. 116 et seq.
(11) Nothing in this section shall be construed to enlarge or reduce the commission'sjurisdiction or authority, as provided in other provisions of this title.
(12) Any telecommunications corporation failing to make contributions to this fund orfailing to comply with the directives of the commission concerning its books, records, or otherinformation required to administer this section shall be subject to applicable penalties.
(13) The commission shall have a bill prepared for the 1998 General Session of theLegislature to place in statute as much of the regulation implemented by rule pursuant to the actthe commission believes is practicable.

Amended by Chapter 256, 2002 General Session
Amended by Chapter 320, 2002 General Session


State Codes and Statutes


Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-08b > 54-8b-15

54-8b-15. Universal Public Telecommunications Service Support Fund --Established.
(1) For purposes of this section:
(a) "Basic telephone service" means local exchange service and may include such otherfunctions and elements, if any, as the commission determines to be eligible for support by thefund.
(b) "Fund" means the Universal Public Telecommunications Service Support Fundestablished in this section.
(2) The commission shall establish a restricted special revenue fund known as the"Universal Public Telecommunications Service Support Fund," which is to be implemented byJanuary 1, 1998.
(3) The commission shall:
(a) institute a proceeding within 30 days of the effective date of this section to establishrules governing the administration of the fund; and
(b) issue those rules by October 1, 1997.
(4) The rules in Subsection (3) shall be consistent with the Federal TelecommunicationsAct.
(5) Operation of the fund shall be nondiscriminatory and competitively andtechnologically neutral in the collection and distribution of funds, neither providing a competitiveadvantage for, nor imposing a competitive disadvantage upon, any telecommunications provideroperating in the state.
(6) The fund shall be designed to:
(a) promote equitable cost recovery of basic telephone service through the imposition ofjust and reasonable rates for telecommunications access and usage; and
(b) preserve and promote universal service within the state by ensuring that customershave access to affordable basic telephone service.
(7) To the extent not funded by a federal universal service fund or other federaljurisdictional revenues, the fund shall be used to defray the costs, as determined by thecommission, of any qualifying telecommunications corporation in providing publictelecommunications services to:
(a) customers that qualify for a commission-approved lifeline program; and
(b) customers, where the basic telephone service rate considered affordable by thecommission in a particular geographic area is less than the costs, as determined by thecommission for that geographic area, of basic telephone service.
(8) The fund shall be portable among qualifying telecommunications corporations. Requirements to qualify for funds under this section shall be defined by rules established by thecommission.
(9) As necessary to accomplish the purposes of this section, the fund shall provide amechanism for specific, predictable, and sufficient funds in addition to those provided under thefederal universal service fund.
(10) (a) Subject to Subsection (10)(b):
(i) each telecommunications corporation that provides intrastate publictelecommunication service shall contribute to the fund on an equitable and nondiscriminatorybasis;
(ii) for purposes of funding the fund, the commission shall have the authority to require

all corporations that provide intrastate telecommunication services in this state to contributemoney to the fund through explicit charges determined by the commission;
(iii) any charge described in Subsection (10)(a)(ii) may not apply to wholesale services,including access and interconnection; and
(iv) charges associated with being a provider of public telecommunications service shallbe in the form of end-user surcharges applied to intrastate retail rates.
(b) A telecommunications corporation that provides mobile telecommunications serviceshall contribute to the fund only to the extent permitted by the Mobile TelecommunicationsSourcing Act, 4 U.S.C. Sec. 116 et seq.
(11) Nothing in this section shall be construed to enlarge or reduce the commission'sjurisdiction or authority, as provided in other provisions of this title.
(12) Any telecommunications corporation failing to make contributions to this fund orfailing to comply with the directives of the commission concerning its books, records, or otherinformation required to administer this section shall be subject to applicable penalties.
(13) The commission shall have a bill prepared for the 1998 General Session of theLegislature to place in statute as much of the regulation implemented by rule pursuant to the actthe commission believes is practicable.

Amended by Chapter 256, 2002 General Session
Amended by Chapter 320, 2002 General Session


Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.