Utah Admin. Code R746-8-301 - Calculation and Application of UUSF Surcharge
(1) The Utah Universal Public
Telecommunications Service Support Fund (UUSF) shall be funded as follows:
(a) Unless Subsection
R746-8-301(3)
applies, providers shall remit to the Commission $0.98 per month per access
line that, as of the last calendar day of each month, has a place of primary
use in Utah in accordance with the Mobile Telecommunications Sourcing Act,
4 U.S.C. Sec.
116 et seq.
(b)
(i)
"Place of primary use" means the street address representative of where the
customer's use of the telecommunications service primarily occurs.
(ii) A provider of mobile telecommunications
service shall consider the customer's place of primary use to be the customer's
residential street address or primary business street address.
(iii) A provider of non-mobile
telecommunications service shall consider the customer's place of primary use
to be:
(A) the customer's residential street
address or primary business street address; or
(B) the customer's registered location for
911 purposes.
(c) A provider may collect the surcharge:
(i) as an explicit charge to each end-user;
or
(ii) through inclusion of the
surcharge within the end-user's rate plan.
(d) A provider that offers a multi-line
service shall apply the surcharge to each concurrent real-time voice
communication call session that an end-user can place to or receive from the
public switched telephone network.
(e)
(i)
Except as provided in Subsection
R746-8-301(1)(e)(ii):
(A) A provider that offers prepaid access
lines or connections that permit access to the public telephone network shall
remit to the Commission $0.98 per month per access line for such service, such
as new access lines or connections, or recharges for existing lines or
connections, purchased on or after January 1, 2018.
(B) Subsection
R746-8-301(1)(e)(i)
operates in lieu of Subsection
R746-8-301(1)(a)
in that a provider who is required to make a remittance for an access line
under Subsection R746-8-301(1)(e)(i)
is not required to make an additional remittance for the same access line under
Subsection R746-8-301(1)(a).
(C) Multiple recharges of a single prepaid
access line during a single month do not trigger multiple remittance
requirements.
(ii) The
charge described in Subsection
R746-8-301(1)(a)
does not apply to a prepaid wireless telecommunications service, as defined in
Section 69-2-405, that is subject to the
service charge described in Subsection
69-2-405(2)(b).
(iii) $0.98 per month is both the maximum and
minimum amount of remittance necessary for any single access line.
(2)
(a) A provider shall remit to the Commission
no less than 98.69% of its total monthly surcharge collections.
(b) A provider may retain a maximum of 1.31%
of its total monthly surcharge collections to offset the costs of administering
this rule.
(3)
(a) Subject to Subsection
R746-8-301(3)(b),
a provider may omit the UUSF surcharge with respect to an access line that is
described in Subsection
R746-8-301(1),
and:
(i) generates revenue that is subject to
a universal service fund surcharge in a state other than Utah for the relevant
month for which the provider omits the UUSF surcharge;
(ii) for the relevant month for which the
provider omits the UUSF surcharge, was not used to access Utah intrastate
telecommunications services; or
(iii) subject to Subsection
R746-8-403(5),
receives subsidization through a federal Lifeline program approved by the
FCC.
(b) A provider that
omits any UUSF surcharge pursuant to Subsection
R746-8-301(3)(a)
shall:
(i) maintain documentation for at
least 36 months that the omission complied with Subsection
R746-8-301(3)(a);
and
(ii) consent to any audit of
the documentation requested by the:
(A)
Commission; or
(B) Division of
Public Utilities.
(c) A provider who omits any UUSF surcharge
pursuant to Subsection
R746-8-301(3)(a)
shall report monthly to the Division of Public Utilities, using a method
approved by the Division, the number of omissions claimed pursuant to
Subsections R746-8-301(3)(a)(i)
and R746-8-301(3)(a)(ii).
Notes
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