| (IV) a detailed description of the safe-harbor percentage
that is requested and how it will be applied;
(V) if applicable, a compliance tariff filing pursuant
to paragraph (6)(C) of this subsection; and
(VI) any other information that the telecommunications
provider believes will aid in rendering of a decision.
(ii) If a telecommunications provider requests a permanent
waiver from reporting its TUSF assessment based on actual intrastate
telecommunications services receipts, then the telecommunications
provider must file a waiver containing all elements in clause (i)
of this subparagraph, as well as an explanation detailing why a permanent
waiver is required, and why it is in the public interest.
(iii) A telecommunications provider that has been granted
a waiver shall apply, for the duration of that waiver, a safe-harbor
percentage to its telecommunications services receipts using one of
the methods described in subclauses (I) or (II) of this clause as
follows:
(I) If a telecommunications provider is reporting interstate
communications and international communications revenues for assessment
for the federal universal service fund based on an FCC safe-harbor
percentage, then the telecommunications provider shall apply the inverse
of that percentage to its telecommunications services receipts as
reported under Chapter 151 of the Texas Tax Code. The resulting total
will be the telecommunications provider's safe-harbor-calculated total
intrastate telecommunications services receipts to which the TUSF
assessment rate shall apply pursuant to paragraph (4) of this subsection.
(II) If a telecommunications provider is not using
an FCC safe-harbor percentage, the telecommunications provider shall
apply a commission-ordered safe harbor percentage to its telecommunications
services receipts under Chapter 151 of the Texas Tax Code as described
in its waiver request approved by the commission. The resulting total
will be the telecommunications provider's safe-harbor-calculated intrastate
telecommunications services receipts to which the TUSF assessment
rate shall apply pursuant to paragraph (4) of this subsection.
(iv) If a telecommunications provider that has been
granted a waiver seeks to change its safe-harbor assessment methodology,
or seeks an extension of its existing waiver, it must file another
waiver request with the commission.
(v) A telecommunications provider may, at any time
during the duration of its waiver and upon notice to the commission
and the TUSF administrator, change its methodology to assess actual
intrastate telecommunications services receipts. This will terminate
any existing waiver.
(C) De minimus exemption. A telecommunications provider
that is unable to calculate actual intrastate telecommunications services
receipts by January 1, 2007, and whose TUSF assessment is less than
$500 per month using the relevant commission-ordered safe-harbor percentage,
is not required to file a waiver request pursuant to subparagraph
(B) of this paragraph.
(D) Intrastate telecommunications services receipts
received by telecommunications providers from telecommunications services
supplied to pay telephone providers for the provision of pay telephone
services are subject to TUSF assessment.
(4) Assessment. Each telecommunications provider shall
pay its TUSF assessment each month by multiplying the commission-approved
assessment rate by the basis for assessments as determined pursuant
to paragraph (3) of this subsection.
(5) Reporting requirements. Each telecommunications
provider shall report its taxable intrastate telecommunications services
receipts under Chapter 151 of the Tax Code to the commission or the
TUSF administrator. When reporting its intrastate telecommunications
services receipts, each telecommunications provider shall report its
total taxable telecommunications services receipts under Chapter 151
of the Tax Code, and indicate which methodology or methodologies (i.e.,
actual and/or commission-ordered safe-harbor percentage) it used to
arrive at its total intrastate telecommunications services receipts.
(6) Recovery of assessments. A telecommunications provider
may recover the amount of its TUSF assessment based on its intrastate
telecommunications services receipts from its retail customers who
are subject to tax under Chapter 151 of the Texas Tax Code, except
for Lifeline and/or Link Up services. For purposes of the recovery
of the TUSF assessment, pay telephone providers are considered retail
customers subject to Chapter 151 of the Texas Tax Code. The commission
may order modifications in a telecommunications provider's method
of recovery.
(A) Retail customers' bills. In the event a telecommunications
provider chooses to recover its TUSF assessment through a surcharge
added to its retail customers' bills:
(i) the surcharge must be listed on the retail customers'
bills as "Texas Universal Service"; and
(ii) the surcharge must be assessed as a percentage
of intrastate telecommunications services receipts on every retail
customers' bill, except Lifeline and/or Link Up services.
(B) Commission approval of surcharge mechanism. An
ILEC choosing to recover the TUSF assessment through a surcharge on
its retail customers' bills must file for commission approval of the
surcharge mechanism.
(C) Tariff and/or price sheet changes. A certificated
telecommunications utility choosing to recover the TUSF assessment
through a surcharge on its retail customers' bills shall file the
appropriate changes as necessary to its tariff and/or price sheet
and provide supporting documentation for the method of recovery.
(D) Recovery period. A single universal service fund
surcharge shall not recover more than one month of assessments.
(7) Disputing assessments. Any telecommunications provider
may dispute the amount of its TUSF assessment. The telecommunications
provider should endeavor to first resolve the dispute with the TUSF
administrator. If the telecommunications provider and the TUSF administrator
are unable to satisfactorily resolve their dispute, either party may
petition the commission to resolve the dispute. Pending final resolution
of disputed TUSF assessment rates and/or amounts, the disputing telecommunications
provider shall remit all undisputed amounts to the TUSF administrator
by the due date.
(g) Disbursements from the TUSF to ETPs, ILECs, other
entities and agencies.
(1) ETPs, ILECs, other entities, and agencies.
(A) ETPs. The commission shall determine whether an
ETP qualifies to receive funds from the TUSF. An ETP qualifying for
the following programs is eligible to receive funds from the TUSF:
(i) Texas High Cost Universal Service Plan;
(ii) Small and Rural ILEC Universal Service Plan; and/or
(iii) Lifeline Service and Link Up Service.
(B) ILECs. The commission shall determine whether an
ILEC qualifies to receive support from the following TUSF programs:
(i) Implementation of the Public Utility Regulatory
Act §56.025; and/or
(ii) Additional Financial Assistance program.
(C) Other entities. The commission shall determine
whether other entities qualify to receive funds from the TUSF. Entities
qualifying for the following programs are eligible to receive funds
from the TUSF:
(i) Telecommunications Relay Service;
(ii) Specialized Telecommunications Assistance Program;
and/or
(iii) Audio Newspaper Assistance Program.
(D) Agencies. The commission, the Texas Department
of Aging and Disability Services, the Texas Department of Assistive
and Rehabilitative Services, and the TUSF administrator are eligible
for reimbursement of the costs directly and reasonably associated
with the implementation of the provisions of PURA Chapters 56 and
57.
(2) Reporting requirements.
(A) ETPs. An ETP shall report to the TUSF administrator
as required by the provisions of the section or sections under which
it qualifies to receive funds from the TUSF.
(B) Other entities. A qualifying entity shall report
to the TUSF administrator as required by the provisions of the section
or sections under which it qualifies to receive funds from the TUSF.
(C) Agencies. A qualifying agency shall report its
qualifying expenses to the TUSF administrator each month.
(3) Disbursements.
(A) The TUSF administrator shall verify that the appropriate
information has been provided by each ETP, local exchange company
(LEC), other entities or agencies and shall issue disbursements to
ETPs, LECs, other entities and agencies within 45 days of the due
date of their reports except as otherwise provided.
Cont'd... |
