3827152 Formal Case No. 988, In the Matter of the Development of Universal Service Standards and a Universal Trust Fund for the District of Columbia
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PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA
NOTICE OF FINAL RULEMAKING
FORMAL CASE NO. 988, IN THE MATTER OF THE DEVELOPMENT OF UNIVERSAL SERVICE STANDARDS AND A UNIVERSAL SERVICE TRUST FUND FOR THE DISTRICT OF COLUMBIA
1. The Public Service Commission of the District of Columbia (Commission), hereby gives notice, pursuant to section 34-802 of the District of Columbia Official Code and in accordance with section 2-505 of the District of Columbia Official Code,[1] of final rulemaking action taken on October 12, 2012, in Order No. 16935, amending subsections 2802.1, 2803.3, 2806.1, 2806.2, 2806.3, 2820.1, 2820.2, 2820.7, and 2899.1 in chapter 28 of title 15 of the District of Columbia Municipal Regulations. A Notice of Proposed Rulemaking seeking to amend these subsections was published on July 6, 2012.[2] No comments were filed in response to this NOPR. In Order No. 16935, the Commission finalized these subsections. One typographical change was made to section 2820.2(a) being finalized in this Notice of Final Rulemaking.
Chapter 28, Universal Service, of title 15, Public Utilities and Cable Television, of the DCMR is amended as follows:
Subsection 2802.1 of section 2802, District of Columbia universal services, is amended to read as follows:
2802.1 District of Columbia Universal Services shall consist of the following services:
(a) Voice grade access to the public switched network, with the ability to place and receive calls or its functional equivalent;
(b) Minutes of use for local service provided at no additional cost to end users;
(c) Access to emergency services, including, access to 911 and enhanced 911 (E911) services;
(d) Telecommunications Relay Service (TRS); and
(e) Toll limitation services for qualifying low-income consumers at no charge to the customer.
Section 2803, District of Columbia Universal Service Trust Fund, is amended by deleting subsection 2803.3.
Section 2806, Eligibility to receive universal service funding, is amended to read as follows:
2806.1 Upon request by a local exchange carrier, and after notice and comment, the Commission shall consider designation of the requesting carrier as an ETC to receive funding from the DC USTF under the District of Columbia Telecommunications Competition Act of 1996, 47 U.S.C. § 214(e) and the FCC rules implementing 47 U.S.C. § 214(e). Interested parties may file comments within thirty (30) days after publication of the Commission’s Notice of Proposed Rulemaking, and reply comments within forty-five (45) days of publication.
2806.2 The Commission shall designate a requesting local exchange carrier as an ETC, provided:
(a) The LEC is certificated by the Commission to provide local exchange service, and offers all universal services to all residential customers in the District in a nondiscriminatory manner;
(b) The LEC has a compliant tariffed lifeline service in the District and advertises the availability and charges for lifeline service(s) it provides through multiple media of general distribution reasonably expected to reach eligible residents;
(c) The LEC has been designated as an ETC for purposes of Federal Universal Service support, or such designation is granted concurrent with designation of eligibility for District funding;
(d) The LEC can demonstrate that it is technically and financially capable of providing lifeline service; and
(e) The Commission determines that the designation is in the public interest and that the LEC complies with the appropriate Commission and FCC regulations.
2806.3 In order to be designated as an ETC for purposes of Federal Universal Service support, the local exchange carrier shall meet the requirements of 47 U.S.C. § 214(e) and the FCC’s rules implementing 47 U.S.C. § 214(e).
Subsections 2820.1, 2820.2, and 2820. 7 of section 2820, District of Columbia Lifeline Service Program, are amended to read as follows:
2820.1 The District of Columbia Lifeline Service Program is a program designed to operate in conjunction with the Federal Lifeline Program, to provide a low monthly recurring rate to qualifying residential subscribers for basic local exchange service.
2820.2 In order to qualify for the Lifeline service, customers must show that they either:
(a) Fall below the highest available income level authorized by the Federal Low Income Energy Assistance Program or 150% of the Federal Poverty income guidelines for a household of that size; or
(b) Participate in one of the following federal assistance programs: Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance (Section 8); Low-Income Home Energy Assistance Program; National School Lunch Program’s free lunch program; or Temporary Assistance for Needy Families.
2820.7 Each household receiving lifeline service is limited to one (1) lifeline service. The lifeline service is non-transferable to any other person or household.
Section 2899, Definitions, is amended by adding the definition of the term “household” in alphabetical order to read as follows:
Household – any individual or group of individuals who are living together at the same address as one economic unit. An economic unit consists of all adult individuals contributing to and sharing in the income and expenses of a household. An adult is any person eighteen (18) years or older. If an adult has no or minimal income, and lives with someone who provides financial support for that adult, both people shall be considered part of the same household. Children under the age of eighteen (18) living with their parents or guardians are considered to be part of the same household as their parents or guardians.
