80.36.600 - Universal service program -- Planning and preparation -- Commission's duties -- Approval of legislature required -- Definitions.

Universal service program — Planning and preparation — Commission's duties — Approval of legislature required — Definitions.

(1) The commission shall plan and prepare to implement a program for the preservation and advancement of universal telecommunications service which shall not take effect until the legislature approves the program. The purpose of the universal service program is to benefit telecommunications ratepayers in the state by minimizing implicit sources of support and maximizing explicit sources of support that are specific, sufficient, competitively neutral, and technologically neutral to support basic telecommunications services for customers of telecommunications companies in high-cost locations.

     (2) In preparing a universal service program for approval by the legislature, the commission shall:

     (a) Estimate the cost of supporting all lines located in high-cost locations and the cost of supporting one primary telecommunications line for each residential or business customer located in high-cost locations;

     (b) Determine the assessments that must be made on all telecommunications carriers, and the manner of collection, to provide support for:

     (i) All residential and business lines located in high-cost locations;

     (ii) Only one primary line for each residential or business customer located in high-cost locations;

     (c) Designate those telecommunications carriers serving high-cost locations that are eligible to receive support for the benefit of their customers in those locations;

     (d) Adopt or prepare to adopt all necessary rules for administration of the program; and

     (e) Provide a schedule of all fees and payments proposed or expected to be proposed by the commission under subsection (3)(d) of this section.

     (3) Once a program is approved by the legislature and subsequently established, the following provisions apply unless otherwise directed by the legislature:

     (a) All transfers of money necessary to provide the support shall be outside the state treasury and not be subject to appropriation;

     (b) The commission may delegate to the commission secretary or other staff the authority to resolve disputes or make other decisions necessary to the administration of the program;

     (c) The commission may contract with an independent program administrator subject to the direction and control of the commission and may authorize the establishment of an account or accounts in independent financial institutions should that be necessary for administration of the program;

     (d) The expenses of an independent program administrator shall be authorized by the commission and shall be paid out of contributions by the telecommunications carriers participating in the program;

     (e) The commission may require the carriers participating in the program, as part of their contribution, to pay into the public service revolving fund the costs of the commission attributable to supervision and administration of the program that are not otherwise recovered through fees paid to the commission.

     (4) The commission shall establish standards for review or testing of all telecommunications carriers' compliance with the program for the purpose of ensuring the support received by a telecommunications carrier is used only for the purposes of the program and that each telecommunications carrier is making its proper contribution to the program. The commission may conduct the review or test, or contract with an independent administrator or other person to conduct the review or test.

     (5) The commission shall coordinate administration of the program with any federal universal service program and may administer the federal fund in conjunction with the state program if so authorized by federal law.

     (6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

     (a) "Telecommunications carrier" has the same meaning as defined in 47 U.S.C. Sec. 153(44).

     (b) "Basic telecommunications services" means the following services:

     (i) Single-party service;

     (ii) Voice grade access to the public switched network;

     (iii) Support for local usage;

     (iv) Dual tone multifrequency signaling (touch-tone);

     (v) Access to emergency services (911);

     (vi) Access to operator services;

     (vii) Access to interexchange services;

     (viii) Access to directory assistance; and

     (ix) Toll limitation services.

     (c) "High-cost location" means a location where the cost of providing telecommunications services is greater than a benchmark established by the commission by rule.

     (7) Each telecommunications carrier that provides intrastate telecommunications services shall provide whatever information the commission may reasonably require in order to fulfill the commission's responsibilities under subsection (2) of this section.

[1999 c 372 § 16; 1998 c 337 § 1.]

Notes: Severability -- 1998 c 337: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1998 c 337 § 8.]