Administrative Rule Review Report  #AR08-035

Legislative Service Office

1-May-08

AGENCY: Public Service Commission.

DATE SUBMITTED: April 25, 2008.

SUBJECT: Chapter 5, Section 513, Designation of Telecommunications Carriers for Eligibility for Federal Universal Service Funds.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 37-15-104(a)(vi)(B)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:       Federal law allows the public service commission to designate telecommunications carriers as eligible telecommunications carriers for purposes of receiving universal service funds if the designation serves the public interest, convenience and necessity.  The rules set forth the standards by which the PSC will make that determination.  The rules provide a series of findings the carrier must demonstrate in order to be eligible including: demonstration of the carrier's commitment and technical, financial and managerial ability to provide supported service throughout the service area, demonstration of ability to and willingness to advertise the availability of and charges for supported services and specific programs, demonstration of the carrier's ability to meet customer service needs, submission of a three year plan describing proposed improvements and upgrades, and other submissions reflecting the carrier's ability to meet the needs of the customers in the service area.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the consent list and be approved by the Council as submitted by the Commission.

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Lynda Cook

Staff Attorney

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David K. Gruver

Assistant Director

LGC/