Administrative Rule Review Report  #AR08-070

Legislative Service Office

05-Sept-08

AGENCY: Public Service Commission.

DATE SUBMITTED: August 27, 2008.

SUBJECT: Chapter 1, Practice & Procedure, Sections 101 and 122; Chapter 5, Special Regulations-Telephone Utilities Only, Sections 500-504, 507, 517, and 547; and Chapter 4, General Forms, Section 901(j), Docket No. 90000-101-XO-08 (Record No. 11651).

NATURE OF RULES:                     Legislative and procedural

STATUTORY AUTHORITY:         W.S. 37-15-401

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

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

SUMMARY OF RULES:

In the 2007 legislative session, the Telecommunications Act was vastly overhauled.  The rules provide the framework for implementing those changes.

The rules provide for expedited proceedings before the public service commission for good cause.  The rules provide for management of the universal service fund and quality of service complaints in accordance with the new statutes.  The rules adopt the federal (FCC) standards for reporting of service interruptions.  The rules have been amended to recognize that total long run incremental cost studies are only required for providers of noncompetitive switched access at prices above 3 cents per minute after January 1, 2010.  The rules also have been amended to remove any tests for cross subsidies as they are no longer relevant under the new statutes.  Finally, the rules provide a hearing procedure for complaints regarding exclusive agreements for provision of telecommunications services to local governments under W.S. 37-15-413.

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/