N.M. Admin. Code § 17.11.10.20 - DETERMINATION OF SRUSF SURCHARGE RATE AND CONTRIBUTION
A. The administrator shall recommend the
amount of the SRUSF surcharge rate for the next calendar year, on or before
September 1 to enable commission approval on or before October 1, based upon
monthly and annual reports filed by ETCs and contributing companies, broadband
program grants awarded by the commission, and any other pertinent and reliable
information available to the administrator or the commission, and applying the
annual fund cap set forth in Subsection C of
17.11.10.19 NMAC.
B. The commission shall either set a
percentage surcharge rate equal to the annual fund requirement determined by
the commission divided by the sum of intrastate retail public
telecommunications service revenue, or in the alternative, set a fixed charge
applicable to each non-exempt communication connection equal to the annual fund
requirement determined by the commission divided by the number of non-exempt
communication connections for all contributing carriers in New Mexico. The
surcharge rate or fixed charge may be adjusted to account for any material
deficit or surplus projected to exist at the start of the fund year, subject to
the annual fund cap.
C. Each
contributing company's monthly contribution shall equal the state rural
universal service fund surcharge rate multiplied by its intrastate retail
telecommunications revenues or non-exempt communication connections, as
determined by the commission, in New Mexico for the month.
D. If, for any month the administrator finds
that the fund balance is insufficient to meet the total obligations of the
fund, (including support pursuant to 17.11.10.19, 17.11.10.25,
17.11.10.31, and 17.11.11 NMAC)
plus administrative expenses and maintenance of a prudent fund balance, the
administrator shall prorate all payments to each ETC, with the exception of
payments pursuant to 17.11.10.31 NMAC and 17.11.11 NMAC. In the event the
administrator determines that such a prorated reduction in payments is
reasonably likely to occur, the administrator shall immediately notify the
commission and the commission will take prompt action to increase contribution
requirements, subject to the annual fund cap set forth in Subsection C of
17.11.10.19 NMAC, or otherwise
account for the shortfall and will provide for true-up payments for any
underpayments occurring if prorated reduced payments are required before the
contribution requirements can be increased. If the fund accumulates a surplus
beyond what the administrator and the commission believes is prudent under the
circumstances, the administrator may, with the commission's approval, decrease
contribution requirements so as to lower the fund balance to an appropriate
level.
E. Each contributing company
shall remit its monthly contribution to the administrator on a schedule to be
determined by the administrator.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.