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 $0.60 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) A provider that offers prepaid access lines or connections that permit access to the public telephone network shall remit to the Commission $0.60 per month per access line for such service (new access lines or connections, or recharges for existing lines or connections) purchased on or after January 1, 2018.

  (ii) 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).

  (iii)(A) Multiple recharges of a single prepaid access line during a single month do not trigger multiple remittance requirements.

  (B) $0.60 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 percent of its total monthly surcharge collections.

  (b) A provider may retain a maximum of 1.31 percent 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 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 each Subsection R746-8-301(3)(a)(i) and R746-8-301(3)(a)(ii).