| (8) Schedule of cost recovery for the provider's original
cost of deployment consistent with the following:
(A) Not later than the third anniversary of the date
of the order, for a deployment with an estimated original cost of
$1 million or less;
(B) Not later than the fifth anniversary of the date
of the order, for a deployment with an estimated original cost of
more than $1 million, but not more than $2 million; and
(C) Not later than the seventh anniversary of the date
of the order, for a deployment with an estimated original cost of
more than $2 million.
(j) Cost recovery. A designated provider may recover
from the TUSF the provider's actual costs of providing service to
the premises, including the provider's original cost of deployment
not recovered from the petitioner(s) through an aid to construction
charge and the provider's actual recurring costs not recovered from
the petitioner(s) through a monthly recurring charge.
(1) The original cost of deployment includes the cost
of the provider's facilities installed in, or upgraded to permit the
provision of service to, the premises, as determined by the financial
accounting standards applicable to the provider, including an amount
for the recovery of all costs that are typically included as capital
costs for accounting purposes.
(2) The provider is permitted to recover interest at
the prevailing commercial lending rate on its original costs of deployment.
(3) Actual recurring costs include maintenance and
the ongoing operational costs of providing service after deployment
of the facilities to the premises and a reasonable operating margin.
(k) Submission of actual costs. Upon completion of
the construction, the designated provider shall file the actual costs
with the commission.
(1) No later than 30 days after filing the actual costs,
commission staff shall file with the presiding officer written comments
or recommendations concerning the actual costs.
(2) No later than 60 days after filing the actual costs,
the presiding officer shall issue a notice stating whether the costs
may be submitted to the TUSF administrator for recovery consistent
with the order issued pursuant to subsection (i) of this section.
(3) The designated provider or the commission staff
may appeal to the commission an administrative notice issued by a
presiding officer within seven days after the date the notice is issued.
The commission shall rule on any appeal added to an open meeting agenda,
within 30 days after the date the appeal is filed. If the commission
or a presiding officer orders changes to the actual costs submitted,
the designated provider shall be ordered to make those changes within
a reasonable period of time before they may be submitted to the TUSF
administrator for recovery.
(l) Cap on TUSF reimbursements. The commission may
not authorize or require any services to be provided under this section
during a fiscal year if the total amount of required reimbursements,
together with interest and obligations from preceding years, would
equal an amount that exceeds 0.02% of the annual gross revenues reported
to the TUSF during the preceding fiscal year.
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