Current through Register Vol. 48, No. 38, September 20, 2024
a) Each LEC shall
participate in the local exchange service portions of the Universal Telephone
Service Assistance Program (UTSAP) as required and authorized by Section 13-301.1 of
the Public Utilities Act and as ordered by the Commission. All voluntary
contributions received by an LEC under Section
757.205 shall be
forwarded to the UTSAP Administrator, consistent with the provisions of Section
757.210(d).
The UTSAP Administrator shall invest these funds in:
1) Securities backed by the United States
government or its agencies;
2)
Investment grade bonds with remaining terms to maturity of three years or
less;
3) Mutual funds that invest no
less than 80% of their assets in bonds backed by the United States government or its
agencies;
4) Investment grade bonds,
with weighted-average remaining terms to maturity of three years or less;
or
5) Federal Deposit Insurance
Corporation (FDIC)-insured certificates of deposit, FDIC-insured money market
accounts, and other cash equivalent FDIC-insured investments.
b) On July 1 of each year, UTAC shall file with
the Commission a petition requesting the Commission to determine the amount of
supplemental assistance, if any, UTAC shall provide each eligible new subscriber or
eligible subscriber under the programs set forth in subsection (c). The petition
shall contain recommendations of the UTSAP Administrator as provided in Section
757.215(c).
The Commission may enter an order without a hearing; however, a hearing shall be
held if requested by a party or by Staff within 30 days after the date the petition
is filed, and a hearing may also be held on the Commission's or the Administrative
Law Judge's own motion. The Commission shall determine, subject to the availability
of funds, the amount of supplemental assistance, if any, the LECs shall provide each
eligible new subscriber or eligible subscriber under the programs set forth in
subsection (c).
c) UTSAP may provide
assistance or, in the case of customers of eligible telecommunications carriers,
supplement the assistance as provided by Section 13-301.1 of the Act, including, but
not limited to:
1) a local exchange service charge
waiver of the local exchange service installation charges for eligible new
subscribers of local exchange service;
2) a local exchange service charge waiver of all
or a portion of the local exchange service obligation of eligible subscribers or
eligible new subscribers, which, in the case of eligible telecommunications
carriers, is supplemental to any federal Lifeline assistance;
3) a combination of both subsections (c)(1) and
(2) as ordered by the Commission under subsections (b), (d), and (e); or
4) any other program authorized by Section
13-301.1 of the Act.
d)
Limitation of Eligibility
1) If the Commission
determines that a local exchange service charge waiver of all or a portion of the
local exchange service obligation should be provided by the UTSAP, in the form of
State Lifeline service support or otherwise, the Commission may, if it deems
necessary, limit eligibility to:
A) one or more of
the individual Proxy Programs identified in the definition of "Proxy Programs" in
Section
757.10; or
B) one or more subprograms within, or components
of, an individual Proxy Program.
2) Any proposals to limit eligibility pursuant to
this subsection (d) shall be made as part of the petition filed annually under
subsection (b).
3) The Commission shall
adopt a proposal that limits eligibility for assistance to one or more Proxy
Programs or subprograms or components thereof pursuant to this subsection (d) only
if it finds that:
A) participation in the Proxy
Program, subprogram, or component can be verified;
B) the funds available to the UTSAP from voluntary
contributions are sufficient and predictable, so as to permit the UTSAP to provide
State Lifeline support to all subscribers or all new subscribers within the Proxy
Program, subprogram, or component on an ongoing basis;
C) the proposal will increase accessibility to
telecommunications services;
D) the
proposal adequately considers the needs of and potential benefits to participants in
the Proxy Programs; and
E) the proposal
establishes narrowly targeted qualification criteria that are based solely on income
or factors directly related to income, consistent with
47 CFR
54.409, as amended through the FCC's Third Report
and Order, Further Report and Order and Order on Reconsideration, FCC 16-38, WC
Docket Nos. 11-42, 09-197 and 10-90 (released April 27, 2016). This incorporation
does not include any later amendments or editions.
e) The Commission, on its own motion, or based
upon a petition filed by the UTSAP Administrator, may order the LECs to temporarily
suspend payment of or temporarily reduce the amount of the supplemental assistance
provided under the programs set forth in Section 757.200(c), if the total program
costs, in combination with the costs of any other programs administered by UTAC
subject to this Part, exceed, or will exceed, the funds available from contributions
specified in Section 757.205. If the Commission suspends or reduces the amount of
payments under this Section, the Commission shall determine, subject to the
availability of funds, the amount of supplemental assistance, if any, the LECs shall
provide each eligible new subscriber or eligible subscriber under the programs set
forth in subsection (c).
