Rule 9.01.
Service
Connections
A.
Acceptance of Applications
When an eligible telecommunications carrier receives an application for
service within its service territory or within an adjacent unallocated
territory, the eligible telecommunications carrier shall neither refuse to
accept the application for service nor request the applicant to withdraw the
application.
B.
Service Connection Requirements
All extensions of service shall be made in accordance with the LEC's
extension of facilities tariffs. An applicant for service must meet all
requirements of these Rules in order to qualify to receive service.
(1)
Where Facilities are
Available
a.
Service Connection
Deadlines
All reasonable efforts shall be made to serve qualified applicants
within 5 business days after receipt of an application, unless a later date is
requested by the applicant.
b.
Quality of Service
Evaluations
For purposes of evaluating the quality of service, 95% or more of all
qualified applications monthly for each exchange must be served within the time
frame specified above except exchanges of 2000 lines or less will be evaluated
on an average of three consecutive monthly results.
c.
Expected Service Dates
Each LEC shall notify the applicant of the expected service date. If a
LEC will not be able to connect service on the expected service date, it shall
promptly notify the applicant of the new expected service connection
date.
(2)
Where Facilities are Not Available Within the Service Territory
a.
Initial Information
Within 5 business days after receipt of a qualified application for
service, a LEC shall:
(i) inform or
mail notice to the applicant that facilities are not readily
available,
(ii) inform the
applicant that within 10 business days the LEC will provide the applicant an
expected service date; and,
(iii)
inform the applicant of the Extension of Facilities Fund and its applicable
$250.00 limit on the applicant's contribution.
b.
Written Proposal
Within 30 business days of the receipt of a qualified application, the
LEC shall provide a written proposal to the applicant which shall
provide:
(i) an explanation of any
conditions and circumstances the applicant must meet before service will be
provided;
(ii) if there will be a
cost to the applicant, an estimate of his costs.
EXCEPTION:
When an engineering study is required, the LEC shall provide a written
proposal to the applicant for service within 60 business days of the receipt of
the application.
c.
Changing the Expected Service
Date
If the LEC will not be able to connect service on the expected service
date, it shall promptly notify the applicant of the new expected service
connection date.
d.
Connection Deadlines(i) All
reasonable efforts shall be made to serve qualified applications received for
service within 30 days unless a later date is requested by the
applicant.
(ii) If an applicant
requests service outside the base rate area and the LEC requires the applicant
to pay excess construction costs under tariff, the LEC shall complete the
construction and provide service to the applicant within 90 days of the
applicant's acceptance of the written proposal unless a later date is requested
by the applicant.
(iii) For
purposes of evaluating the quality of service, 95% or more of all qualified
applications monthly for each exchange must be served within the time frames
specified above except exchanges of 2000 lines or less will be evaluated on an
average of three consecutive monthly results.
(3)
Within Adjacent Unallocated
Territorya.
Initial
Information
Within 5 business days after receipt of a qualified application for
service, an ETC shall:
(i) inform the
applicant that facilities are not readily available;
(ii) inform the applicant that within 55
business days the ETC will provide the applicant an expected service
date;
(iii) inform the applicant
that provision of service is dependent on allocation of the territory to the
ETC by the Commission;
(iv) inform
the applicant that provision of service is dependent on arrangements to
reimburse the ETC for all of its construction costs within the unallocated
territory from the Extension of Telecommunications Facilities Fund and/or the
applicant; and,
(v) inform the
applicant of the Extension of Facilities Fund and its applicable $250.00 limit
on the applicant's contribution.
b.
Written Proposal
Within 60 business days of the receipt of a qualified application, the
ETC shall provide a written proposal to the applicant which shall
provide:
(i) an explanation of any
conditions and circumstances the applicant must meet before service will be
provided;
(ii) an estimate of the
applicant's costs; and,
(iii) the
expected service date.
c.
Changing the Expected Service Date
If the ETC will not be able to connect service on the expected service
date, it shall promptly notify the applicant of the new expected service
connection date.
d.
Connection Deadlines(i) The ETC
shall complete the construction and provide service to the applicant within 90
days of the applicant's acceptance of the written proposal, unless the
applicant requests a later date.
(ii) For purposes of evaluating the quality
of service, 95% or more of all qualified applications monthly for each exchange
must be served within the time frames specified above, except exchanges of 2000
lines or fewer will be evaluated on an average of three consecutive monthly
results.
Rule 9.02.
Extension of
Facilities A.
Certificated Area
Each LEC shall make reasonable extensions of its facilities within its
certificated area. Also see Rule 3.03.
(1)
Base Rate or Supplemental Rate
Areas
Each LEC shall extend facilities within base rate and supplemental rate
areas at no cost to the applicant unless the applicant requests non-standard
plant construction.
(2)
Outside Base Rate or Supplemental Rate Areas
a.
Local Exchange Carrier Contribution
to Construction Costs
(i) Each LEC
shall construct standard outside plant facilities at no cost to the applicant
when the LECs construction cost for the circuit is less than or equal to 60
months of basic local exchange revenue. This Rule does not preclude a LEC from
developing a uniformly applied plan that is more favorable to applicants for
telephone service.
(ii) The LEC's
contribution may be calculated and described in feet or fractions of a mile as
long as the result is at least as favorable to the applicant as that calculated
in Subdivision B.(1)a. above.
(iii)
The maximum line extension to be constructed by the LEC at no cost to the
applicant must be filed as a tariff according to the Commission's Rules of
Practice and Procedure.
b.
Applicant Contribution to
Construction Costs
(i) If the ETC/LEC
is not awarded a grant pursuant to Rule 9.03. or the applicant does not wish to
wait until a grant is available, the LEC may require applicants to contribute
to construction costs that exceed the maximum amount required of the LEC as
described in the LEC's extension of facilities tariff. If the ETC is awarded a
grant pursuant to Rule 9.03., the ETC shall reduce the applicant's required
contribution to the construction costs by the amount of the grant so that the
applicant's required contribution does not exceed $250.00.
(ii) The cost of the extension shall be based
on the most economically feasible route from the LEC's nearest point of
connection to the applicant's point of delivery, consistent with sound
engineering design for the LEC's system.
(iii) No portion of the cost for constructing
circuits needed to reinforce or parallel a LEC's existing facilities may be
included in calculating an applicant's contribution toward excess construction
cost.
(iv) If the LEC sizes
facilities in excess of the applicant's requirements for service, any cost to
be paid by the applicant shall be adjusted to reflect only the cost of his
service requirements.
(v) When a
customer pays for an extension of facilities and later moves from that service
location,. the LEC shall attempt to leave those facilities in place for use by
other customers. If the LEC removes the facilities, an applicant requesting the
same extension of facilities at the premises shall obtain the extension
cost-free.
(vi) Each LEC shall file
its extension of facilities policy as a tariff according to the Commission's
Rules of Practice and Procedure.
(vii) Rule 9.03. shall apply when any
applicant applies for service at a location where facilities are not available
within the service territory and the applicant's contribution would otherwise
exceed $250.00.
B.
Adjacent Unallocated
Territory
Each ETC shall make reasonable extensions of its facilities within
adjacent unallocated territory. Also see Rule 3.03.
(1)
ETC Contribution to Construction
Costs
Each ETC shall pay the cost for constructing circuits needed to
reinforce or parallel an ETC's existing facilities.
(2)
Applicant Contribution to
Construction Costsa. If the ETC is not
awarded a grant pursuant to Rule 9.03. or the applicant does not wish to wait
until a grant is available, the ETC may require applicants to contribute to
construction costs. If the ETC is awarded a grant pursuant to Rule 9.03., the
ETC shall reduce the applicant's required contribution by the amount of the
grant so that the applicant's required contribution does not exceed
$250.00.
b. The cost of the
extension shall be based on the most economically feasible route from the LEC's
nearest point of connection to the applicant's point of delivery, consistent
with sound engineering design for the LEC's system.
c. No portion of the cost for constructing
circuits needed to reinforce or parallel a LEC's existing facilities may be
included in calculating an applicant's contribution toward excess construction
cost.
d. When a customer pays for
an extension of facilities and later moves from that service location, the LEC
shall attempt to leave those facilities in place for use by other customers. If
the LEC removes the facilities, an applicant requesting the same extension of
facilities at the premises shall obtain the extension cost-free.
e. Each ETC shall file its extension of
facilities policy as a tariff.
f.
Rule 9.03. shall apply when any applicant applies for service at a location
where facilities are not available within an adjacent unallocated territory and
the applicant's contribution would otherwise exceed $250.00.
Rule 9.03.
Grant Program for Unserved Persons
Grants are available to an ETC for the extension of facilities to
persons unserved by its wireline services. ETCs shall make a request on behalf
of its applicants for fund allocation when required by Rule 9.02.A. (2) b.
(vii) or B.(2)f. The fund trustee will determine the allocation of available
funds to the requests received from ETCs.
A.
ETC's Initial Request for Grant
Program Funds
(1) Each ETC's fund
request shall be on a form the trustee prescribes.
(2) Each ETC shall request funds from the
trustee within 30 business days of an application for service at a location
within its service territory.
EXCEPTION:
When an engineering study is required, the ETC shall request funds from
the trustee within 60 business days of an application for service at a location
within its service territory.
(3) Each ETC shall request funds from the
trustee within 60 business days of an application for service at a location
within adjacent unallocated territory. The request shall include a copy of the
letters from other ETCs indicating their interest in serving the territory
as required by Subsection F. of this rule.
(4) The initial request maybe based on the
ETC's estimated cost less $250.00 per applicant.
(5) Each initial request shall contain the
name and address of all members of the Arkansas General Assembly who have
constituents who would benefit from the requested grant.
(6) Requests the trustee denies for lack of
funds may be renewed by the ETC in the following calendar year.
B.
ETC's True Up
Request for Grant Program Funds(1) If
the ETC's actual costs are greater than the amount of the grant, the ETC may
request a true up within 60 days of the applicant's service date.
(2) If the ETC's actual costs are less than
the amount of the grant, the ETC shall request a true up within 60 days of the
applicant's service date, within 60 days of the applicant's refusal to use the
grant, or within 60 days of the applicant's cancellation of service
request.
(3) Each ETC's true up
request shall be on a form the trustee prescribes.
(4) The true up request shall be based on the
ETC's actual costs less $250.00 per applicant served.
C.
Trustee Processing of
Requests
(1) For each request, the
trustee shall determine if funds will be awarded and advise an ETC in writing
within 30 days of receiving the request. This notice shall include the
estimated date funds will be available or an explanation of the reasons a
request is denied. The trustee shall advise the ETC in writing of any revisions
to the estimated date.
(2) For each
grant other than true up grants awarded, the trustee shall individually notify
in writing the members of the General Assembly who have constituents
benefitting from the award. The notice shall be sent to the General Assembly
members and a copy filed in Docket No. 02-080-A at the same time as the ETC
notice required by Subsection (1) of this Rule.
(3) The trustee shall deny a request due to
lack of funds only if funds equal to the proposed grant cannot be disbursed
within 12 months.
EXCEPTION:
The trustee shall be allowed to accumulate funds over a period greater
than 12 months for a proposed grant that exceeds the available funds from an
annual allocation of funds from the AICCLP.
(4) If an initial request is denied, the
trustee is not required to retain the request for future consideration. An ETC
may renew its request at the appropriate time.
(5) The trustee will pay administrative costs
from the annual fund allocation.
(6) The trustee shall disburse funds by the
10th of the month following the month during which
funds become available to cover the entire grant. The trustee shall generally
first disburse funds for true up grants awarded.
(7) The trustee shall provide to the
Commission monthly reports of initial and true up grants awarded by ETC by
exchange including at least the amount awarded and the number of additional
customers to be served or served.
(8) The monthly reports shall also include
for each ETC by exchange the grants that the trustee denied, the amount
requested, the number of additional customers proposed to be served, and the
reason the request was denied.
(9)
The monthly reports shall also include a statement of fiscal status for the
Extension of Telecommunications Facilities Fund including at least the funds
received, the funds disbursed, and the fund balance.
(10) The trustee shall file these reports in
Docket No. 02-080-A.
D.
Grant Award Criteria(1) In
determining whether to approve a request the trustee shall use the criteria in
Ark. Code Ann. §
23-17-404(e)
(8) (B) (i).
(2) The amount of any grant shall not exceed
the applicant's required contribution to construction costs as
required by Rule 9.02. and Rules of Practice and Procedure,
Rule 11.03.(f). Until July 1, 2005, the applicant's required contribution to
construction costs shall be determined by using the ETC's extension of
facilities tariff in effect as of April 18, 2001.
(3) Until July 1, 2005, grants shall not be
awarded to extend wireline facilities to replace basic exchange
telecommunications radio service (BETRS).
(4) Grants shall not be awarded for the
extension of facilities to serve temporary or seasonal service
requirements.
(5) Grants shall only
be awarded for future extensions of facilities.
E.
Administration of Extension of
Telecommunications Facilities Funds(1)
The AICCLP Administrator shall assess telecommunications providers pursuant to
Ark. Code Ann. §
23-17-404(e)
(4) (D) to accumulate funds for the Extension
of Telecommunications Facilities Fund.
(2) Such funds accumulated by the AICCLP
shall be transferred to the trustee by the last business day of each
month.
(3) The trustee shall make a
reasonable effort to keep the funds in an interest bearing account.
(4) The trustee shall prepare an annual
estimate of funds required and provide the estimate to the Commission and a
copy to the AICCLP Administrator by January 5th of
the year being estimated. The estimate shall be reduced by the Extension of
Telecommunications Facilities Fund balance (if any) not awarded by the end of
the previous year. The estimate shall be filed in Docket No.
02-080-A.
F.
Unallocated Territory
When an ETC makes an initial request as required by Subsection A. (3)
of this rule, it shall at the same time request the Commission to allocate the
geographic area not previously allocated to that ETC as required by the
Commission's Rules of Practice and Procedure, Rule
7.05. (a)
G.
Appointment of Trustee
(1) The Commission shall appoint a trustee
who shall be neutral and impartial and not have a direct financial interest in
the funding mechanisms established by the Commission.
(2) The trustee shall serve at the
Commission's discretion.
H.
Duties of the Trustee
(1) The trustee's general duties shall
include:
a. Determining the sufficiency of the
fund;
b. Receiving monies from the
AICCLP;
c. Disbursing grants from
the fund;
d. Managing the daily
operations and affairs of the grant program;
e. Cooperating in any periodic audits that
the Commission deems necessary;
f.
Resolving disputes;
g. Reviewing
and determining the accuracy and appropriateness of all requests for
grants;
h. Performing any other
duties the Commission orders; and,
i. Developing any forms necessary for grant
requests.
(2) The trustee
is expressly authorized to bring actions before the Commission to enforce the
provisions of the grant program.
I.
Audits
The Extension of Telecommunications Facilities Fund is subject to an
annual audit by an independent certified public accountant selected by the
Commission.
J.
Appeals
from Trustee Decisions
A party aggrieved by the trustee's decision may appeal that decision
within 30 days to the Commission.
Rule 9.04.
Business and
Residential ServiceA.
Business and residential rates are governed by the actual and obvious use of
the service. In general, business rates apply to any place where substantial
use of the service is business-related rather than domestic. For example,
business rates are applicable at the following local exchange locations:
(1) Offices, stores, factories, and all other
places of a strictly business nature;
(2) Rental/maintenance offices and
shared/public areas of boarding/rooming houses and apartment buildings, lobbies
and halls of hotels, private and public institutions, business offices,
colleges, clubs, lodges, schools, libraries, churches, and hospitals;
(3) At a residence where telephone use is
more of a business than residential nature as indicated by advertising through
newspapers, signs, circulars, business cards, etc.
B.
Service to Amateur Radio Tower
Locations
Service provided to amateur radio clubs at their tower locations for
clubs' autopatches shall be charged residential
rates.
