DAR File No. 31092

Public Service Commission, Administration

R746-342

Rule on One-Way Paging

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 31092
Filed: 04/01/2008, 09:13
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:

Subsection 63-46a-3(3) requires rulemaking when an agency issues a written interpretation of a state or federal legal mandate. This rule determines whether one-way paging is a utility service under Utah law and thus whether subject to Pubic Service Commission regulation.

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

There have been no comments to this rule since the last five-year review.

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

It is necessary that this rule be continued for the commission to continue to comply with the Utah Supreme Court decision in Williams v. Public Service Commission of Utah, 720 P.2d 773 (Utah 1986).

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

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov

Authorized by:

Sandy Mooy, Legal Counsel