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Wyoming
Public Service Commission
Rules of Practice & Procedure
Rule
500 Telecommunications Universal Service
Fund.
§
37-15-501 Universal service fund
created; contributions; administration.
§ 37-15-502 Universal service fund
eligibility and distributions to carriers using wireless technology.
§ 37-15-102 Legislative
intent.
§ 37-15-103 Definitions.
§ 37-15-104 Services
not regulated by this title.
§ 37-15-401 Commission
powers
Section 500 Telecommunications Universal Service Fund.
(a) All definitions and provisions contained within W. S. § 37-15-103
and W. S. § 37-15-104 are incorporated herein
by reference.
(b) The Commission may contract for the services of a universal
service fund manager who shall perform routine collection, distribution, and
other activities related to the universal service fund, subject to
the oversight and direction of the Commission. The manager's compensation
and necessary related expenses shall be incorporated into the required
funding computations and paid for through funds collected from telecommunications
providers. The Commission shall request the services of the Wyoming
Attorney General's Office to enforce its universal service fund rules
under W.S. § 37-15-401(a)(ii) including initiating
civil proceedings against telecommunications providers that violate
the universal service fund rules. The selection of the manager shall
be subject to all applicable procurement rules of the State of Wyoming.
(c) No later than February 15th of each year, all telecommunications
companies shall provide the information required by the Commission
and/or the universal service fund manager to properly perform the
computations necessary for collection and distribution of the universal
service fund. This information may include names and addresses of
purchasers of intrastate access from each local telecommunications
provider, and names and addresses of pay telephone providers purchasing
access to the local telecommunication provider's system, as well as
rate and customer data. Specific customer data provided to the Commission
and/or the fund manager under this section shall be deemed to be proprietary
unless otherwise determined by the Commission. The universal service
fund manager shall make no request for information from telecommunications
companies without first having obtained the approval of the Commission
to collect the information.
(d) At such time that contributions to and disbursements from the
universal service fund become necessary, the universal service fund
shall be audited, by an independent accountant not affiliated with
the fund manager, no more frequently than annually and no less frequently
than every three years. Expenses related to this audit shall be included
in the administrative cost of the fund and shall be incorporated in
the required funding computations and paid for through funds collected
from telecommunications companies. The independent accountant shall
be selected by the Commission under all applicable procurement rules
of the State of Wyoming. Once selected, the accountant shall be eligible
to perform not more than three (3) consecutive audits.
(e) No later than October 1st of each year, the fund manager shall
submit a report to the Commission and to each telecommunications company
which contributes to the universal service fund. This report shall
summarize the preceding year's activity and shall contain the following:
(i) a statement
of collections and distributions from the universal service
fund;
(ii) a record of total cost of universal service fund administration;
and
(iii) audit reports and recommendations provided by the independent
accountant.
(f) The
costs incurred by telecommunications companies associated with
making payments into the universal service fund shall not be
used as an offset to the required contributions and such costs
shall not be incorporated into the funding calculation. Reasonable
amounts for administrative costs may be treated as an operating
expense.
(g) The statewide weighted average local service
rate shall be computed by multiplying the number of residential
and business service
lines, as contained in the definition of essential services
found in W.S. § 37-15-103(a)(iv),
plus the number of subscribers taking service that meets the
criteria of W.S. § 37-15-502
(supported wireless service), by
the rate applicable to each line or subscriber, with the product of this computation
divided by the total number of access lines, as contained in the definition of essential services
found in W.S. § 37-15-103(a)(iv),
plus the number of subscribers taking supported wireless
service. The rate to be used in the computation shall include
all standard charges associated with each telecommunication
company's local service or each wireless company's supported
wireless service. Such charges include, but are not limited
to: the local service rate, whether flat rated or measured;
touch-tone; as well as zone and mileage charges. The computation of
the weighted statewide average local service rate
shall exclude bill credits related to prior period Wyoming universal
service fund receipts; federally mandated customer access line
charges; mandatory extended area service charges; surcharges
for 9-1-1; franchise taxes; the telephone assistance program
surcharge; and other similar charges or taxes. The manager shall
annually compute both the statewide weighted average
service rate and each telecommunications provider's local service rate in a consistent manner based
on end of calendar year line counts and prices set pursuant to
the provisions of W.S. § 37-15-203
or otherwise by a price
sheet lawfully filed exclusively under W.S. §
37-15-204, taking into account the classification
options available to telecommunications companies under paragraph
(h) of this rule. The manager's computation of the
statewide weighted average rate shall also include the wireless
companies' reported prices for supported wireless services.
(h) Each telecommunications company shall report its rates
separately for each distinct geographic area, zone or mileage
grouping, or other distinct customer grouping that is applicable
because of differences in customer rates. Wyoming
universal service fund support payments shall be distributed on
the difference between the rate, as calculated in paragraph (g)
of this rule, and the 130% benchmark as indicated in paragraph
(p) following, except that the support for a supported wireless
service will not exceed the amount of per line support that
would have been offered to a wireline telecommunications
customer in the geographic service area in which the supported
wireless service is offered.
(i) Mid period revisions to a telecommunications company's local service
rate or to a supported wireless service, for purposes of drawing from the fund,
shall only be permitted upon application and approval by the
Commission and after a showing of need or special circumstances.
(j) Each company's incremental amount of federal universal
service fund receipts resulting from changes in the company's
high cost loop fund support shall also be credited, monthly, to
the bills of customers on a per line basis. The amount of
the credit for each of the customers shall be computed, and
authorized by the Commission, in a manner consistent with
federal receipt of such funds. The amount of this credit shall
equal the difference between the amount of federal
universal service funds received in the most recent calendar
year and the amount of federal universal service funds most recently used in the computation of
rates.
(k) No later than April 1st of each year, the universal service
fund manager shall file, with the Commission and with each affected
telecommunications company, a report that details the computation
of the recommended level of assessment that shall be attributable
to a percent of gross retail revenues. This recommended level
of assessment shall be based on the computed amounts needed
for payment to telecommunications companies, the prior year
gross retail revenues, and any over or under collection in the
fund from the previous year. Additionally, such charges shall
be assessed as a separate line item on each customer's bill
unless a specific waiver is requested and granted by the Commission.
(l) No later than May 15th of each year, the Commission shall
issue an order stating the universal service fund level of assessment
that shall be applicable for the twelve-month period beginning
July 1st of each year.
(m) All telecommunications
companies realizing intrastate revenue from operations in
Wyoming are required to report such gross revenues to the fund
manager, and pay into the fund, the assessment calculated by
multiplying the company's gross revenue, net of any wholesale
transactions described in paragraph (n) of this rule, by the
applicable assessment rate. Reports of revenue and
payments of assessment are required no less often than
quarterly. The due date of such reports and payments shall
be determined for an individual telecommunication company as
follows:
If
the assessment amount for the first or second month of the
calendar quarter (plus any unpaid assessment amount of $100 or
less from any prior month of the calendar quarter) exceeds $100,
then the report of revenue and payment of assessment amount for
such period is due on or before the last day of the month after
the month in which the unpaid assessment amount exceeded $100.
If the assessment amount is $100 or less, a report and payment
is not required, and the unpaid assessment amount shall carry
over to the next month. Provided, however, that regardless
of the assessment amount, the report of revenue and payment of
assessment amount is required on or before the last day of the
first month after the end of any calendar quarter in which a
telecommunication company realizes any intrastate revenue from
its operations in Wyoming.
Assessment
amounts not timely paid according to the above state rule shall
be subject to a late payment charge equal to one and one-half
percent (1.5%) for each month, or part thereof, that the
assessment amount remains unpaid.
(n) The universal service fund assessment shall apply
only to retail telecommunications service revenues and shall not be applied to
revenues associated with wholesale services. For the
purposes of this section, wholesale services are defined as any
service which is resold, without or without additional
value-added features, to end users by the purchaser of that
service, except that lines purchased and resold by internet
service providers shall not be considered wholesale
services. Wholesale services include, but are not limited
to: switched access; the use of software defined network services
for purposes of resale; interconnection for the resale of local
services; public access lines used to service pay telephones;
lines used to serve radio common carriers; and the use of wide area telecommunications service
for the purposes of resale. The universal service fund
payment percentage shall also not apply to
non-telecommunications services including, without limitation:
one-way transmission of radio or television signals for
broadcast purposes; billing and collection services; inside wire
and premise cable installation and maintenance; directory
services; private telecommunications networks; non-voice data
services not operated by a company providing local exchange
services; and internet services, even if provided by a local
exchange company.
(o) Affected telecommunications providers subject to paragraph
(k) of this rule include but are not limited to: local exchange companies;
competitive access providers; interexchange companies; cable
companies providing telephony; cellular
providers; wireless providers; commercial radio common carriers; personal communications
service providers; pagers; and pay telephone providers. All
telecommunications companies, as defined by W. S. § 37-15-103(a)(xi),
as well as those companies which provide telecommunications
services, as defined by W.S. § 37-15-103(a)(xii),
shall report and pay into the fund as provided for in
paragraph (m) of this rule.
(p) Distributions from the fund shall be made monthly, beginning
October 1, 1998. Pursuant to W. S. § 37-15-501(d)
and W.S. § 37-15-502,
and consistent with the Commission's administration of the
fund as specified in these rules, telecommunications companies shall receive funds to the extent
that their local exchange rates or supported wireless service
price(s), after consideration of any
contributions from the federal universal service fund, exceed
one hundred thirty percent (130%) of the weighted statewide
average local exchange rates.
(i) Distributions
to telecommunications companies relative to
local rates shall equal: the sum of the products resulting
from the difference, expressed
in dollars, by which each local service rate or supported
wireless service price exceeds one hundred thirty percent (130%) of
the statewide weighted average local service rate
multiplied by the total number of lines or subscribers to which that
rate applies.
(ii) Telecommunications companies receiving Wyoming universal
service funds shall display the amount of such support, for
each affected customer, as a separate line item credit on
each affected customer's bill unless a specific waiver is
requested and granted by the Commission.
(q)
For purposes of this rule, the Commission establishes that the
amount of minutes of use of exchange service provided free of
charge to end users, as part of the supported wireless service,
shall be unlimited.
§
37-15-501. Universal service fund created; contributions;
administration.
(a) There is hereby established the universal service fund within
the special revenue fund to be administered in accordance with
this section. The fund shall be administered by the commission.
All telecommunications companies shall contribute to the universal
service fund. The dates for contributions to the fund and disbursements
from the fund shall be set by the commission, after notice and
opportunity for hearing, as necessary to accomplish the objectives
of the fund as specified in subsections (c) and (d) of this
section. The costs of administering the fund may be included
in determining required contributions.
(b) The commission shall after notice and opportunity for hearing,
designate the method by which the contributions shall be calculated,
collected and distributed in order to achieve the goals set
forth in W.S. 37-15-102. The commission
shall authorize an additional monthly charge to customers, in
the amount specified by the commission, to recover each contributor's
required payment to the universal service fund. Any
charge related to mobile telecommunications service shall only
apply if the customer's place of primary use is in this state as
provided by the Mobile Telecommunications Sourcing Act, 4 U.S.C.
116 to 126. The provisions of the Mobile
Telecommunications Sourcing Act shall apply to this subsection.
Note:
The last two sentences of (b), beginning with the words
"Any charge related to . . . ", were added by House
Bill No. HB0139, effective August 1, 2002.
(c) The commission shall administer the monies in the universal
service fund to assist only those customers of telecommunications
companies located in areas of this state with relatively high
rates for essential services. The commission, after notice and
opportunity for hearing, shall determine a reasonable amount
and a fair method of distributing monies. The commission may
authorize a credit to customer bills, in the amount specified
by the commission, to reflect distributions received by the
local exchange company from the universal service fund. The
commission shall ensure that the method shall promote the emergence
of competition in providing local exchange service.
(d) In accordance with the method of distribution determined
by the commission, a telecommunications company shall receive
funds under this section to the extent that its local exchange
rates, after consideration of any contributions from the federal
universal service fund, exceed one hundred thirty percent (130%)
of the weighted statewide average local exchange rates.
(e) The operation of the universal service fund may be suspended
by the commission, based upon a public interest finding, after
notice and an opportunity for a hearing, that the fund is not
then serving its intended purpose.
(f) The commission's decisions under this section shall be subject
to the provisions of the Wyoming Administrative Procedure Act.
History: Laws 1995,
ch. 181, § 1; W.S. 1977,
§ 37-15-501.
Wyoming
Supreme Court upholds PSC regulatory authority over
noncompetitive telecommunications services. TriCounty
Telephone Assn., Inc. and TCT West, Inc. v. The
Wyoming Public Service Commission, et al.
§
37-15-502. Universal service fund
eligibility and distributions to carriers using wireless
technology.
(a) Telecommunications companies which use cellular, radio
spectrum or other wireless technology to provide supported
services to customers who are otherwise eligible to receive
universal service fund support pursuant to W. S. 37-15-501, may
establish eligibility to receive universal service fund
distributions in an amount to be determined by the commission,
provided that:
(i) The telecommunications company will offer and advertise
all universal service fund supported services throughout the
entire local exchange area;
(ii) The telecommunications company will provide unlimited
local calling throughout an entire local exchange area;
(iii) the telecommunications company's bill to the customer
reflects a credit for the amount of distribution the company
receives from the state universal service fund for providing
universal service fund supported services to that customer; and
(iv) The company and services meet such additional criteria,
if any, the commission determines are necessary to further the
stated intent of W.S. 37-15-102.
During its consideration and determination, the commission shall
consider technological and competitive neutrality. The
commission shall adopt rules setting forth any such criteria on
or before December 31, 2001.
History: Laws 2001,
ch. ____, § __; W.S. 1977, § 37-15-502
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§ 37-15-102. Legislative intent.
It is the intent of this act to ensure essential telecommunications
services are universally available to the citizens of this state
while encouraging the development of new infrastructure, facilities,
products and services. The provision of telecommunications services
has been developed and regulated under a monopolistic environment.
This act recognizes the increasingly competitive nature of the
telecommunications industry and the benefits of competition.
It is the intent of this act to provide a transition from rate
of return regulation of a monopolistic telecommunications industry
to competitive markets and to maintain affordable essential
telecommunications services through the transition period, and
the provisions of this act shall be construed to achieve those
goals.
History: Laws 1995,
ch. 181, § 1; W.S. 1977, §
37-15-102
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§
37-15-103. Definitions.
(a) As used in this chapter:
(i) "Affiliated
telecommunications companies" means telecommunications companies:
(A) In which
five percent (5%) or more of the voting stock is controlled
or owned, directly or indirectly, by a common principal; or
(B) Whose management and policies are found by the commission,
after notice and opportunity for hearing, to be controlled by
a common principal.
(ii)
"Commission" means the public service commission of Wyoming;
(iii) "Competitive telecommunications services" means those
services found by the legislature or the commission to be
competitive in accordance with W.S. 37-15-102;
(iv) "Essential telecommunications service" means a customer's
access to service that is necessary for the origination or
termination, or both, of two-way, switched telecommunications
for both residential and business service within a local exchange
area. Essential telecommunications services are limited to:
(A)
Access to interexchange services provided by interexchange
telecommunications companies;
(B) Single line flat-rate or single line measured residence
or business service;
(C) Transmission service and facilities necessary for the
connection between the end user's or customer's premises
or location and the local network switching facility including
the necessary signaling service used by customers to access
essential telecommunications services;
(D) Services necessary to connect 911 emergency services
to the local network;
(E) Switched access, which for the purposes of this chapter
shall mean the switching and transport necessary to connect
an interexchange telecommunications company with the local
exchange central office for the purpose of originating or
terminating, or both, the interexchange telecommunications
company's switched telecommunications service.
(v)
"Interexchange
telecommunications company" means a person providing telecommunications
service to connect end users located in different local exchange
areas, but excluding companies which also provide noncompetitive
local exchange services;
(vi) "Local access transport area (LATA)" means geographic
regions created as part of the divestiture of American Telephone
and Telegraph Company which defined the areas where regional
Bell operating companies were permitted to provide telecommunication
services;
(vii) "Local exchange area" means a geographic territorial
unit established by the commission for providing telecommunications
services;
(viii) "Local exchange service" means the provision of essential
telecommunications service within a local exchange area;
(ix) "Noncompetitive telecommunications services" means those
services which have not been found by the legislature or the
commission to be competitive in accordance with W.S. 37-15-102;
(x) "Price" means any rate or charge set and published in
accordance with this chapter and collected by the telecommunications
company for any telecommunications service offered by it to
the public or other telecommunications companies;
(xi) "Telecommunications company" means a person engaged in
the furnishing of telecommunications service within this state;
(xii) "Telecommunications service" means the offering or transmitting
for hire of telecommunications by means of telecommunications
facilities using wire, radio, lightwave or other means;
(xiii) "Total service long-run incremental cost" means the
total forward-looking cost, using least cost technology, for
a telecommunications service or basic network function that
the telecommunications provider would incur if it were to
initially offer such telecommunications service or basic network
function;
(xiv) "Universal service" means the general availability of
essential telecommunications service at an affordable and
reasonable price;
(xv) "Video dial tone service" means the transmission of entertainment
video programming and other forms of two-way, interactive
video programming using a common video dial tone platform.
(b) In
determining the number of access lines of a telecommunications
company for purposes of this chapter, the number of access lines
of all affiliated telecommunications companies shall be aggregated
in this state.
History: Laws 1995, ch. 181, § 1; W.S. 1977, § 37-15-103.
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§ 37-15-104 Services not regulated
by this title.
(a) Except for contributions to the universal service fund required
pursuant to W.S. 37-15-501 and the
assessment levied pursuant to W.S. 37-2-106
through 37-2-109, telecommunications
service does not include, and the provisions of this title do
not apply to:
(i) One-way
transmission of radio or television signals for broadcast
purposes, including the one-way transmission of video programming
by a cable television or other system as well as subscriber
interaction which is required for the selection of video programming;
(ii) Except as provided in this paragraph, home and business
and coinless, or coin operated public or semipublic telephone
terminal equipment, and the use, location and charges for
the use of such equipment. The commission may regulate the
location of and charges for coinless or coin operated public
or semipublic telephone terminal equipment in areas of the
state which the commission finds are not subject to competition
for such equipment;
(iii) Any billing and collection services;
(iv) Any inside wire and premise cable installation and maintenance;
(v) Directory services, except as provided in W.S. 37-12-130;
(vi) Except for the quality of cellular service to the extent
not preempted by federal law, telecommunications services
using radio spectrum or cellular technology;
(vii) Video dial tone and multimedia services;
(viii) Private telecommunications networks, which for the
purposes of this act shall mean a system for the provision
of telecommunications service by a person or entity for the
sole and exclusive use of the person or entity and not for
resale directly or indirectly;
(ix) Nonvoice data services not operated by a company providing
local exchange service;
(x) Networks established by a person other than the local
exchange company providing essential telecommunications services
within the local exchange area to provide access to interexchange
carrier services;
(xi) Except as provided in this paragraph, direct inward dial
services and other services needed by answering services and
paging services. To the extent not preempted by federal law
or regulation the commission shall regulate direct inward
dial services and other services needed by answering services
and paging services as noncompetitive services in any local
exchange area until there are at least two (2) telecommunications
companies effectively offering direct inward dial and other
needed services to the answering services and paging services
serving that local exchange area;
(xii) Remote meter reading; and
(xiii) Any other telecommunications service that is not regulated
by this title.
History:
Laws 1995, ch. 181, § 1; W.S. 1977, § 37-15-104;
1997, ch. 110, § 1.
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§ 37-15-401. Commission powers.
(a) In addition to the powers exercised pursuant to the provisions
of W.S. 37-15-408, the commission has the power to:
(i) Investigate
the methods and practices of any telecommunications company;
(ii) Require any telecommunications company to conform to
the laws of this state and to all rules, regulations and orders
of the commission not contrary to law;
(iii) Make any rules and regulations, in accordance with the
Wyoming Administrative Procedure Act, necessary for the commission
to carry out its powers in this chapter, including rules objectively
established and consistent with commonly accepted industry
standards, where applicable standards exist;
(iv) Require reports and studies as to prices and terms and
conditions of service, necessary and relevant for the commission's
exercise of its authority, including those protected as trade
secret or confidential based on legitimate competitive or
other operational concerns;
(v) Hold hearings on complaints, or for good cause, upon notice
and subject to the provisions of the Wyoming Administrative
Procedure Act; and
(vi) Regulate telecommunications companies only as provided
for in this chapter.
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