Appendix 1: Regulatory Impact Summary Table*
Fiscal Costs	FY 2018	FY 2019	FY 2020	
State Government	$0	$0	$0	
Local Government	$0	$0	$0	
Small Businesses	$0	$0	$0	
Non-Small Businesses	$0	$0	$0	
Other Person	$0	$0	$0	
Total Fiscal Costs:	$0	$0	$0	
				
Fiscal Benefits				
State Government	$0	$0	$0	
Local Government	$0	$0	$0	
Small Businesses	$0	$0	$0	
Non-Small Businesses	$0	$0	$0	
Other Persons	$0	$0	$0	
Total Fiscal Benefits:	$0	$0	$0	
				
Net Fiscal Benefits:	$0	$0	$0	
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

Appendix 2: Regulatory Impact to Non-Small Businesses
This minor change to the collection method of the Utah Universal Service Fund surcharge from federal Lifeline subsidy recipients should streamline compliance for those telephone service providers. The compliance obligation remains the same, but allows for instances in which the provider may have no billing arrangement with the customer. Because the surcharge will be deducted from any state Lifeline subsidy for those who qualify for the exemption, the provider will be able to avoid the obligation to collect and remit the surcharge. Because this change only streamlines the existing obligations, there will be no measurable regulatory impact.  
PSC Chair Thad LeVar has reviewed and approved this fiscal analysis.

R746.  Public Service Commission, Administration.
R746-8.  Utah Universal Public Telecommunications Service Support 

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 $0.36 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 $0.36 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)  $0.36 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; [or]
	(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).

R746-8-403.  Lifeline Support.
	(1)  In addition to any disbursement calculated under R746-8-401 or R746-8-402, an ETC may receive an ongoing distribution through ongoing participation in a Commission-approved Lifeline program upon a specific finding of public interest by the Commission.
	(2)(a)  The support claimed under this Subsection R746-8-403 may not exceed $3.50 per Lifeline subscriber per month of subscription to a service that:
	(i) provides service over landlines; or
	(ii)(A)  meets FCC broadband Lifeline requirements as set forth in 47 C.F.R. 54.408; and
	(B)  for wireless Lifeline, allows, at no charge beyond the basic monthly fee, unlimited texting and at least 750 voice minutes per month; or
	(iii)(A)  meets FCC broadband Lifeline requirements as set forth in 47 C.F.R. 54.408; and
	(B)  does not include a voice component.
	(b)  Lifeline distributions will be based on eligible Lifeline subscribers as of the first day of each month, with no prorated discounts.
	(3)  An ETC that is approved to participate in the Commission Lifeline program shall:
	(a)  provide potential Lifeline subscribers with application materials and information;
	(b)  provide service to any customer who is verified as eligible for participation through:
	(i)  the FCC's national verifier system; or
	(ii)  if the FCC's national verifier system is not yet operational, the program administrator with which the Commission contracts to administer the initial and continued eligibility verification of state Lifeline participants;
	(c)  waive, for Lifeline subscribers, the following charges:
	(i)  customer security deposits, if the customer voluntarily elects to receive toll blocking; and
	(ii)  within any 12-month period, the first nonrecurring service charge for:
	(A)  changing local exchange usage service to Lifeline service; and
	(B)  changing from flat rate service to message rate service; and
	(d)(i) add the Lifeline discount to a customer's account within five (5) business days of notification of the customer's eligibility under FCC Lifeline requirements; and;
	(ii)  remove the Lifeline discount from a Lifeline subscriber's account within five (5) business days of notification of the Lifeline subscriber's ineligibility under FCC Lifeline requirements; and
	(e)  submit to the Division by May 1 of each year, a complete Lifeline subscriber list, as defined by the FCC.
	(4)  An ETC participating in the Commission Lifeline program may not:
	(a)  disconnect Lifeline telephone service for nonpayment of toll service;
	(b)  require a Lifeline subscriber to purchase additional services from the ETC; or
	(c)  prohibit a Lifeline subscriber from purchasing additional services from the ETC, unless the participant fails to comply with the ETC's terms and conditions for those additional services.
	(5) For an access line for which the UUSF surcharge is omitted pursuant to R746-8-301(3)(a)(iii), the UUSF surcharge amount that otherwise would have been remitted pursuant to R746-8-301 shall be deducted from the state Lifeline support paid to the provider.

KEY:  Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Enactment or Last Substantive Amendment:  February 21, 2018
Authorizing, and Implemented or Interpreted Law:  54-3-1; 54-4-1; 54-8b-15; 54-8b-10