1. (a) The Arkansas Public Service Commission shall appoint an Arkansas High Cost Fund administrator.

2. (b) The administrator must:

   1. (1) Be neutral and impartial;
   2. (2) Not be aligned or associated with any particular telecommunications industry segment; and
   3. (3) Not have a direct financial interest in the support mechanisms established by the Arkansas Public Service Commission.

3. (c)

   1. (1) The administrator shall act under the supervision of the Arkansas Public Service Commission, in order to administer the fund in accordance with Acts 2007, No. 385, and the fund rules and procedures approved by the Arkansas Public Service Commission.
   2. (2) The administrator is authorized to enforce and implement applicable rules and orders of the Arkansas Public Service Commission.

   3. (3)

      1. (A) The administrator shall serve at the discretion of the Arkansas Public Service Commission for a term determined by the Arkansas Public Service Commission.
      2. (B) The Arkansas Public Service Commission may discharge the administrator before the expiration of the administrator’s term for good cause.

Codification Notes: This section was promulgated as Rule 3.01 of the Arkansas High Cost Fund Rules prior to codification in the Code of Arkansas Rules. 23 CAR 452-302. Duties of the administrator. (a) The Arkansas High Cost Fund administrator’s general duties shall include: (1) Collecting and receiving monies paid into the Arkansas High Cost Fund; (2) Providing high-cost funds from the Arkansas High Cost Fund to participating ETCs; (3) Determining the sufficiency of the Arkansas High Cost Fund and making adjustments to the Arkansas High Cost Fund assessment level, as required, to ensure such sufficiency; (4) Managing the daily operations and affairs of the Arkansas High Cost Fund; (5) Conducting periodic audits of contributors to the Arkansas High Cost Fund to ensure that the contributors are accurately reporting and making proper payments to the Arkansas High Cost Fund; (6) Performing any periodic audits of the Arkansas High Cost Fund deemed necessary by the administrator and/or the Arkansas Public Service Commission; (7) Resolving disputes; (8) Reviewing all requests for high-cost funding and determining the accuracy and appropriateness of any request; (9) Establishing funding levels for each category of companies and each ETC within each category using the funding levels and formulas as set forth in Acts 2007, No. 385; (10) Performing any other duties ordered by the Arkansas Public Service Commission, including assisting in developing any funding proxies to be used by certain ETCs; and (11) Developing any forms necessary for funding requests and procedures. (b) The administrator is expressly authorized to bring actions before the Arkansas Public Service Commission to enforce the provisions of the Arkansas High Cost Fund.