DAR File No. 28306

Public Service Commission, Administration

R746-341

Lifeline/Link-up Rule

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28306
Filed: 10/28/2005, 04:45
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Section 54-8b-10 which requires the commission to establish a program whereby any certified deaf or severely hearing or speech impaired customer of a telephone corporation which provides service through a local exchange may obtain a telecommunication device capable of serving the customer at no charge to him beyond the rate for basic service; and requires the commission to impose a surcharge on each residence and business access line of each customer to the local exchange of any telephone corporation providing such lines in this state to cover the costs of the program. The commission shall establish by rule the amount to be charged, which may not exceed 25 cents per residence and business access line. The telephone corporation shall collect the surcharge from its customers and transfer the money collected to the commission under rules adopted by the commission. The surcharge shall be separately identified on customer bills. Subsection 54-8b-15(7) requires the commission to establish rules that: to the extent not funded by a federal universal service fund or other federal jurisdictional revenues or by the fund established pursuant to Section 54-8b-12, the fund shall be used to defray the costs, as determined by the commission, of any qualifying telecommunications corporation in providing public telecommunications services to customers that qualify for a commission-approved lifeline program.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received since the five-year review in 2000.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule must be continued in order to maintain the lifeline program for low-income customers. This rule sets out eligibility, service and funding requirements

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Barbara Stroud at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at bstroud@utah.gov

Authorized by:

Barbara Stroud, Paralegal

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Barbara Stroud at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at bstroud@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.