209.259. Review of surcharge and deduction percentage--recommendation procedures--surcharge adjusted when--excess funds, effective.
Review of surcharge and deduction percentage--recommendationprocedures--surcharge adjusted when--excess funds, effective.
209.259. 1. From the date of implementing the deaf relay service andequipment distribution fund surcharge, the commission shall review suchsurcharge no less frequently than every two years but no more than annuallyand shall order changes in the amount of the surcharge as necessary toassure available funds for the provision of the programs established insection 209.253.
2. The Missouri assistive technology advisory council shall annuallyprovide the department with information on actual expenditures for theequipment distribution program along with projections for future need toassist in surcharge review. On August 28, 2000, the department shall makeits initial recommendation to the commission regarding the amount of thesurcharge established in section 209.255 necessary for funding of theequipment distribution program. Thereafter, the department may annuallymake a recommendation to the commission regarding the amount of thesurcharge for that program. The commission shall, based on thedepartment's recommendation, issue an order revising the surchargeestablished in section 209.255 as necessary to fund the equipmentdistribution program. The department's recommendation shall be based onthe estimated number of access lines and anticipated budget for the comingfiscal year. The amount of the surcharge recommended by the departmentshall be sufficient to recover the annual costs of implementing andmaintaining the equipment distribution program.
3. Concurrent with the review of the surcharge, the commission shallreview the percentage deducted and retained by the local exchange telephonecompany provided in section 209.257 and if necessary shall orderadjustments to the percentage to assure a just and reasonable compensationto the local exchange telephone company. Where the review of the surchargedetermines that excess funds are available, the commission may order thesuspension of the deaf relay service and equipment distribution programfund surcharge for a period which the commission deems appropriate.
(L. 1990 H.B. 1132 § 3 subsec. 4 merged with H.B. 1315 § 3 subsec. 4, A.L. 1996 S.B. 525, A.L. 2000 S.B. 721)