Nebraska Administrative Code
Topic - PUBLIC SERVICE COMMISSION
Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION
Chapter 10 - NEBRASKA UNIVERSAL SERVICE FUND RULES AND REGULATIONS
Section 291-10-004 - PAYMENTS

Universal Citation: 291 NE Admin Rules and Regs ch 10 ยง 004

Current through March 20, 2024

004.01 Nebraska Eligible Telecommunications Carrier:

004.01A Designation of Eligibility: Only a telecommunications company explicitly designated as an NETC by the Commission for the expressly stated purpose of receiving funding from the NUSF by Commission order shall be eligible to receive NUSF funding.

004.02 Payments From the High-Cost Program

004.02A Provision of Services
004.02A1 NUSF Funding: An NETC shall only receive NUSF high-cost program funding for the actual provision of supported services as described in Rule 004.02D.

004.02A2 Provision to All Users: An NETC shall provide supported services for which it receives NUSF high-cost program support to all requesting users within a service area.

004.02A3 Reasonably Comparable Rates: An NETC shall charge reasonably comparable rates for supported services as determined by Commission Order.

004.02A4 Benchmark Rates: An NETC shall charge not less than the benchmark rate as determined by Commission Order for basic local exchange service including residential and business services to qualify for high-cost support. The business service benchmark shall be the same as the residential service benchmark.

004.02B Commission Orders: An NETC shall be in compliance with all Commission Orders relative to the NUSF in order to be eligible to receive NUSF funding.

004.02C Additional Criteria: The Commission may impose, on an interim basis, such requirements as it deems reasonably necessary to carry out the goals of the NUSF until such time as a rulemaking can be completed.

004.02D Supported Services
004.02D1 Basic Local Exchange Service: Basic local exchange service, for purposes of receiving NUSF high-cost program support, consists of:
004.02D1a Single party service or the functional equivalent within a support area for which an NETC is receiving support, including a block of calling time within a Commission approved local exchange area, for which there are no per-minute or additional charges, that has been approved by Commission order. This does not include extended area service(s).

004.02D1b Dual tone multi-frequency signaling or the functional equivalent;

004.02D1c A standard "white page" or alpha directory listing at the customer's option;

004.02D1d Access to directory assistance services;

004.02D1e Equal access to interexchange services;

004.02D1f Access to emergency 911 or Enhanced 911 services;

004.02D1g Access to operator services;

004.02D1h Toll blocking for qualifying low-income users.

004.02D2 Other Services: The Commission may, on an interim basis, designate an additional supported telecommunications service by order until such time as a rulemaking can be completed.

004.02E Required Information: A telecommunications company shall submit information as reasonably required by the Director for the purpose of calculating NUSF high-cost program support. Such information shall be due within 60 days from the date of such request or the date determined by the Director, whichever is later.

004.02F Use of NUSF Funding: NUSF funding shall be used by telecommunications companies solely for the provision, maintenance and upgrading of facilities and services for which support is intended.
004.02F1 Demonstration of Use of NUSF High-Cost Support Required: A telecommunications company that receives NUSF high-cost program support from the high-cost program shall be required to file by June 1 of each year information detailing prior year historical investments and information estimating one year prospective investments by Nebraska wire center or county.

004.02F2 A telecommunications company that receives funding from the NUSF high-cost program shall file other information regarding the use of high-cost program support as required by order of the Commission.

004.02F3 A non-rural telecommunications company that receives funding from the federal high-cost program shall file no later than September 1 each year a description of its rates charged in urban and rural areas so that the Commission may assess and certify to the Federal Communications Commission the comparability of Nebraska rates to rates nationwide.

004.02G Eligibility of Support for the High-Cost Program: High-cost support will be authorized for one facilities-based NETC in a given support area.
004.02G1 A company may petition the Commission to replace the eligible telecommunications company receiving NUSF high-cost program support. The petitioner shall provide the following
004.02G1a The cost to provide the supported services;

004.02G1b An estimate of the amount of NUSF high-cost program support needed in the area;

004.02G1c Benefits to consumers;

004.02G1d The supported services provided in unserved areas;

004.02G1e A demonstration that the quality of service provided would equal the existing service or be better than service provided;

004.02G1f A statement that the petitioner will adopt existing interconnection agreements for the support area; and,

004.02G1g Specific demonstration and documentation of the ability of the petitioner to offer service to everyone on its own network.

004.02G2 If a competitive telecommunications carrier replaces the incumbent telecommunications carrier as provided in section 004.02G1 any carrier of last resort obligations shall be transferred to the competitive telecommunications carrier and the incumbent carrier not receiving high-cost support shall no longer have carrier of last resort obligations.

004.02H Rule: 004.02G does not apply to competitive NETCs serving users through the leasing of facilities such as unbundled network elements and authorized to receive NUSF high-cost program support by Commission Order.

004.02I After notice and an opportunity for hearing has been provided, the Director may withhold or reduce NUSF high-cost support distributions to a carrier found to be in violation of a rule, regulation or Commission order.

004.02J Audit Requirements: Companies receiving NDSF high-cost program support shall comply with any audit requirements set forth by the Commission.

004.03 Telehealth Program

004.03A Usage: All lines that receive NUSF support shall be used solely for the provision of healthcare.

004.03B Eligible Services and Equipment: Eligible services and equipment shall be determined by Commission Order.

004.03C Federal Funding: Hospitals shall first avail themselves of federal funding and other state and federal resources as a precondition of receiving NUSF support. NUSF support shall be considered supplemental and secondary to the receipt of federal funding.

004.03D Annual Funding Maximum: NUSF support for the Telehealth Program per calendar year shall be determined by Commission Order and is contingent upon funds being available.

004.03E Approved Telehealth Support: Support is determined by the Commission approved Telehealth Plan which specifically sets forth a list of hospitals, connection charges and other approved charges eligible for support.
004.03E1 Telehealth Plan Adjustments: Any requests to adjust the Telehealth Plan are to be filed in writing with the Director.
004.03E1a Review of Requests: The Director will review any requests for adjustments to the Telehealth Plan and will make a recommendation to the Commission at a public meeting of the Commission. The Commission will determine whether to approve or deny the recommendation of the Director.

004.03E1b Motion for Reconsideration: A motion for reconsideration may be filed with the Commission within 10 days from the date of Commission action.

004.03F Calculation of Support: All appropriate forms, containing accurate information, and invoice copies shall be provided to the Commission for funding to be calculated and released.
004.03F1 Support Schedule: Support will be based on a support schedule issued by the Commission and shall not exceed the amount approved in the Commission approved Telehealth Plan.
004.03F1a Reasonable Portions: NUSF support will be contingent on the rural hospitals being responsible for paying a portion of their costs for connectivity. The Commission will determine the hospital's portion of connectivity costs by Order.

004.03F2 Payment of Support: Support for the Telehealth Program will be disbursed to the Nebraska Eligible Telecommunications Carrier (NETC) providing the service to the hospital.

004.03F3 Changes to Service: The hospital and/or hospital network shall notify the Commission when any service is changed or terminated, so that support amounts can be modified accordingly.

004.03G Proxy Statement: If the submission of reimbursement requests are being made by a non-rural hub hospital on behalf of its endpoint rural hospital; a statement from each of the hospitals shall be provided to the Commission documenting their agreement to that arrangement.

004.03H Disconnection and Late Fees: A NETC providing telehealth services shall not disconnect or assess late fees on hospital accounts.

004.03I Audit Requirements : Companies receiving telehealth funding shall comply with any audit requirements set forth by the Commission.

004.04Nebraska Telephone Assistance Program (NTAP):

004.04A Eligibility and Support: Telecommunications companies receiving a designation to be an ETC for the purpose of receiving federal universal service support shall also be required to participate in the NTAP and shall be eligible to receive NTAP support.

004.04B A telecommunications company offering Lifeline service shall comply with section 006 and Commission Orders relating to NTAP for continued eligibility for support.

004.05 Wireless Program:

004.05A Eligibility and Support: Eligibility for the wireless program shall be determined by Commission Order.

004.05B A telecommunications company that receives NUSF support from the wireless program shall be required to file by June 1 of each year information detailing prior year historical investments, information estimating one year prospective investments by Nebraska wire center or county.

004.05C A wireless telecommunications company that receives federal high-cost support shall file information to demonstrate the use of high-cost funding as required by Commission Order.

004.05D A wireless telecommunications company that receives NUSF funding shall not be subject to the same obligations of an NETC receiving high-cost support. Obligations of a wireless carrier receiving NUSF funding may be determined by the Commission on a case-by-case basis and shall be designated by the Commission in an Order.

004.06 Payment Procedures:

NUSF payments to an NETC will be made on a monthly basis and will be processed prior to the last state business day of the month.

004.07 Audit Requirements:

A telecommunications company that receives NUSF funding shall have an independent third party perform, and attest to the validity of, an audit pursuant to the requirements in this Rule.

004.07A Provided Information: All information provided pursuant to Rule 004.02E shall be audited.

004.07B Annual Audit: A telecommunications company that receives NUSF funding shall perform an audit pursuant to this section on an annual basis, except as provided in Rule 004.07C. The results of each annual audit shall be provided to the Department before the end of the next calendar year following the audit period.

004.07C Tri-Annual Audit: A telecommunications company that receives NUSF funding, and does not conduct an annual third party audit in the ordinary course of its business, may elect to perform an independent third party audit pursuant to this Rule once per three-year period. The results of each tri-annual audit shall be provided to the Department by the end of each year that is evenly divided by three.

004.08 Payment Calculation:

004.08A Funding Mechanism: The calculation of NUSF funding shall be determined by a funding mechanism set forth in a Commission Order.

004.08B Annual Determination of Funding: On an annual basis, the Director shall recommend to the Commission the amount of funding available to be disbursed through the high-cost program, the NTAP program, wireless program and the Telehealth Program.

004.08C Adjustments: The Director may make adjustments to funding amounts disbursed to eligible telecommunications companies based on earnings information, investment information, amounts constituting inputs to the benchmark, census information, user count information and other information relevant to the Commission's distribution mechanism when consistent with Commission decisions. The Director may also make adjustments to correct clerical and administrative errors in the disbursement of funding.
004.08C1 An NETC affected by a rule 004.08C adjustment may file a Request for Review with the Commission within thirty (30) days of the adjustment if the NETC disputes the adjustment or calculation made by the Director.

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