R746-8-402. Non-rate-of-return Regulated Providers

  (1) A non-rate-of-return regulated provider may be eligible for ongoing UUSF support for the deployment and management of networks capable of providing access lines, connections, or broadband internet access, upon application to the Commission, if the provider:

  (a) is a carrier of last resort; and

  (b) is in compliance with Commission orders and rules.

  (2) Upon receipt of an application brought under R746-8-402, the Commission shall establish the appropriate criteria for the entitlement to, and the disbursement of, UUSF funds to non-rate-of-return regulated providers.