291 Neb. Admin. Code, ch. 10, § 002 - COLLECTION OF THE NUSF SURCHARGE

002.01 Assessable Revenue:

The NUSF surcharge shall be assessed on all end-user telecommunications provided in Nebraska intrastate commerce. Telecommunications companies shall collect and remit the NUSF surcharge.

002.01A The NUSF surcharge shall be assessed on telecommunications in accordance with Commission rules and regulations and Commission orders.

002.01B Specific Categories of Telecommunications Service subject to the NUSF Surcharge

002.01B1 Local Exchange Service

002.01B1a Charges for monthly service, local calling, extended area service or its functional equivalent, connection charges, vertical features and other local exchange service.

002.01B1b Charges for local private line and special access service.

002.01B1c Other local exchange service revenues not explicitly excluded in Rule 002.01D.

002.01B2 Commercial Mobile Services and Wireless Telecommunications Services

002.01B2a Monthly service and activation charges.

002.01B2b Message charges including roaming, but excluding toll charges.

002.01B2c All other commercial mobile service revenues not explicitly excluded in Rule 002.01D.

002.01B2d Prepaid wireless activation charges and sales (including sales to customers and non-carrier distributors) reported at face value of cards.

002.01B3 Interexchange Services

002.01B3a Prepaid calling card {including card sales to customers and non-carrier distributors) reported at face value of cards,

002.01B3b Operator and toll calls with alternative billing arrangements {credit card, collect, call-back, etc).

002.01B3c Ordinary interexchange (direct dialed MTS, customer toll-free 800/888 service, " 10-10 " calls, associated monthly account maintenance, etc).

002.01B3d Interexchange private line services.

002.01B3e All other interexchange services not explicitly excluded in Rule 002.01D.

002.01B4 Interconnected Voice Over the Internet Protocol Services

002.01B4a Charges for monthly service and activation. Charges for vertical features if charged separately or bundled.

002.01B5 Radio Paging Services

002.01B5a Monthly service and activation charges.

002.01B5b Message charges including roaming.

002.01B5c All other radio paging service not explicitly excluded in Rule 002.01D.

002.01C Hotels, Motels and Other Entities

002.01C1 The NUSF surcharge shall be assessed on charges made to hotels, motels and other entities for telecommunications services that may be re-billed by the user to another party.

002. 01D Other Services:

002.01D1 Interstate Telecommunications, Charges and Surcharges: The NUSF surcharge shall not apply on the interstate portion of telecommunications. When the intrastate portion of telecommunications cannot be determined or if such determination would result in an undue administrative burden, a telecommunications company may request that the Commission approve an allocation factor to determine the intrastate portion of the service or the Commission may adopt a relevant Federal Communications Commission safe harbor provision.

002.01D1a Joint Use Services: In cases where a charge is made for both intrastate and interstate telecommunications service, and the interstate telecommunications service is not charged separately or cannot be readily determined, the NUSF surcharge shall apply to the total charge, except as provided in Rule 002.01D1b.

002.01D1b Allocation Factor: When the intrastate portion of a joint use service charge cannot be determined or if such determination would result in an undue administrative burden, a telecommunications company may request that the Commission approve an allocation factor to determine the intrastate portion of the service or may adopt any relevant Federal Communications Commission safe harbor provisions.

002.01D2 Federal Charges and Surcharges: The NUSF surcharge shall not be assessed on Federal Subscriber Line Charges (SLC), Primary Interexchange Carrier Charges (PICC), Number Portability Surcharges, and similar federal charges and surcharges.

002.01D3 Pay Telephone Coin Revenue: The NUSF surcharge shall not be assessed on coin services provided from pay telephones.

002.01D4 Intermediate Services: The NUSF surcharge shall not be assessed on intermediate telecommunications services, such as access service, that are provided by one telecommunications company to another as long as the company receiving such service collects the NUSF surcharge from the retail services that it provides to its users through the use of the intermediate service.

002.01D5 Taxes and Surcharges: The NUSF surcharge shall not be assessed on local, state, or federal taxes, 911 surcharges, telecommunication relay service surcharges, or similar taxes or surcharges.

002.02 NUSF Surcharge Shown on User Bills:

The NUSF surcharge shall be explicitly shown on user bills as "NE Universal Service".

002.02A De Minimis Waiver: The Commission may grant a waiver from the requirement of section 002.02 to a telecommunications company upon application for good cause when the amounts to be collected from the user are de minimis as such term is defined by the Commission in an Order.

002.03 Uncollectible Amounts:

Telecommunications companies shall be allowed to deduct uncollectible amounts from revenues that are subject to assessment of the NUSF surcharge.

002.03A Non-Payment of the NUSF Surcharge: Non-payment of the NUSF surcharge shall be considered non-payment for the service rendered by the telecommunications company and shall be subject to appropriate remedies, including disconnection of service.

002.04 Exemptions

002.04A Nebraska Telephone Assistance Program Recipients: Qualifying users that are enrolled in the Nebraska Telephone Assistance Program (NTAP) are exempt from assessment of the NUSF surcharge. This exemption is limited to the single local exchange service line receiving NTAP support and the services provided thereon.

002.04B All companies providing: telecommunications service in Nebraska, as defined by 001.012, shall file an annual affidavit with the Department attesting to the compliance with all Rules and Regulations and Commission Orders for the Nebraska Telephone Assistance Program.

Notes

291 Neb. Admin. Code, ch. 10, § 002