1. (a) Request for calling plan funds.

   1. (1) Each ILEC/ETC providing the Rural Saver Optional Calling Plan shall provide a monthly fund request to the administrator on a form the administrator prescribes.
   2. (2) Each ILEC/ETC shall request funds from the administrator no later than the first day of the fourth month following the end of the month in which service is provided.

   3. (3) Each request shall contain the:

      1. (A) Monthly billed minutes of use associated with the plan;
      2. (B) Total number of billed access lines subscribed to the plan; and
      3. (C) Billed monthly usage charges and billed other monthly end-user charges associated with the plan.
   4. (4) If an ILEC/ETC requests funds for reimbursement of one-time costs for initial customer notifications, initial tariff filing, or initial reprogramming of billing systems, it shall do so only with its initial request.

   5. (5)

      1. (A) Each ILEC/ETC making correcting requests for funds shall do so by month and on a form the administrator prescribes.
      2. (B) Such correcting requests shall be limited to the sixteen (16) calendar months immediately preceding the current month.
   6. (6) An ILEC/ETC may renew its request for funds in a subsequent month if the administrator denies a request.

   7. (7)

      1. (A) Each ILEC/ETC making fund requests shall provide to the administrator by the end of each November:

2. (i) A listing of exchanges where the plan will be made available in the following year pursuant to 23 CAR § 466-1402(d) and (e); and

   1. (ii) Any other information required by the administrator to prepare the annual estimate required by subdivision (d)(4) of this section.

      1. (B) The information shall be provided on a form the administrator prescribes.

3. (b) Administrator processing of requests.

   1. (1)

      1. (A) The administrator shall determine the disbursement of funds to each ILEC/ETC by:

         1. (i) Multiplying the monthly billed minutes of use by the ILEC’s/ETC’s unique blended rate per minute, defined below; then
         2. (ii) Adding any qualifying one-time costs; then
         3. (iii) Subtracting monthly end-user charge revenue; then
         4. (iv) Subtracting billed monthly usage charges; and then
         5. (v) Subtracting billed other monthly end-user charges.
      2. (B) The monthly end-user charge revenue shall be determined by multiplying the number of billed access lines subscribed by the monthly end-user charge.

      3. (C) When revenues exceed costs for an ILEC/ETC, the administrator shall:

         1. (i) Carry the excess revenues forward; and
         2. (ii) Subtract from costs in the next month.
      4. (D) In a similar manner the administrator shall carry forward any excess revenues from the first two (2) months to the next month.
      5. (E) The ILEC/ETC shall be billed for any excess revenues remaining after the third month and billed in succeeding months having a revenue excess.
      6. (F) The ILEC/ETC shall be billed at the same time funds are disbursed as required by subdivision (b)(2) of this section.
      7. (G) The ILEC/ETC shall remit funds to the administrator to cover the bill with the following month’s fund request required by subdivision (a)(1) of this section.

   2. (2)

      1. (A) By the fifth workday of the month following the month in which funds are timely requested, the administrator shall disburse funds or advise the ILEC/ETC in writing why funds will not be provided.
      2. (B) Exception. Funds shall not be disbursed to any ILEC/ETC until funds are available to adequately cover all requests.
   3. (3) Each month, the administrator will pay administrative costs from the annual fund allocation before any funds are distributed to any ILEC/ETC.

   4. (4) The administrator shall provide to the Arkansas Public Service Commission monthly reports that include the:

      1. (A) Funds collected;
      2. (B) Funds requested;
      3. (C) Funds disbursed;
      4. (D) Administrative costs; and
      5. (E) Fund balance.

   5. (5) The monthly reports shall also include for each ILEC/ETC the:

      1. (A) Funds requested;
      2. (B) Funds disbursed;
      3. (C) Billed minutes of use;
      4. (D) Number of billed access lines subscribed;
      5. (E) Billed monthly usage charges; and
      6. (F) Billed other monthly end-user charges.

   6. (6) The administrator shall file these reports in Docket No. 02-037-A.

      1. (c) Blended rates.
   7. (1) The blended rate means a unique rate per minute for each ILEC/ETC that combines the different rates for optional calling plans and message telecommunications service into one (1) rate based on a weighting of minutes of use in each plan or service.

   8. (2)

      1. (A) The blended rate is determined by:

         1. (i) Accumulating the revenue and minutes of use associated with billing for certain optional calling plans and day-rated message telecommunications service calls within the forty-one-mile circle for the initial sixty (60) minutes for two (2) consecutive months; and
         2. (ii) Dividing the revenue by the minutes of use rounded to four (4) decimal places.
      2. (B) The data used shall be from two (2) consecutive recent months.
      3. (C) The revenue for optional calling plans shall be based on the per-minute rate for additional calling in excess of the monthly allowance.
      4. (D) A composite day rate shall be computed for ILECs/ETCs using mileage-banded day rates.
      5. (E) The computation shall be to divide the message telecommunications interexchange dollars billed for calls within the forty-one-mile circle by the corresponding minutes of use.
   9. (3) The optional calling plan data included in the determination of the ILEC blended rate shall be from the Extended Community Saver, Community Call Saver, Circle Saver, Circle Saver Trial, 1+Saver, IntraLATA, One Price-Residential, Simple Saver, and Single Plans.

   10. (4)

       1. (A) The optional calling plan data included in the determination of the CLEC blended rate shall be from the CLEC’s optional calling plans most likely to experience customer migration to the Rural Saver Optional Calling Plan.
       2. (B) In the absence of two (2) months of historical calling data, the CLEC blended rate shall be set at the weighted average of one thousand three hundred fourteen ten-thousandths of a dollar ($0.1314) per minute determined in Docket No. 01-169-R.

   11. (5)

       1. (A) Once determined, the blended rate for each ILEC/ETC shall not be revised.

       2. (B) The blended rate for the ILECs shall be as approved in Docket No. 01-169-R.

          1. (d) Administration of Arkansas Calling Plan Funds.
   12. (1) The AICCLP administrator shall assess telecommunications providers pursuant to Arkansas Code § 23-17-404(e)(3)(B) to accumulate funds for the ACPF.
   13. (2) ACPF funds accumulated by the AICCLP shall be transferred to the administrator by the last business day of each month.
   14. (3) The administrator shall make a reasonable effort to keep the funds in an interest-bearing account.

   15. (4)

       1. (A) The administrator shall prepare an annual estimate of funds required and provide the estimate to the Arkansas Public Service Commission and a copy to the AICCLP administrator by January 5 of the year being estimated.
       2. (B) The estimate shall be reduced by the previous end-of-year balance, if any, in the ACPF.
       3. (C) The estimate shall be filed in Docket No. 02-037-A.

4. (e) Appointment of administrator.

   1. (1)

      1. (A) The Arkansas Public Service Commission shall select the administrator.
      2. (B) Initially, the AICCLP administrator shall be the ACPF administrator.
   2. (2) The administrator shall serve at the Arkansas Public Service Commission’s discretion.

5. (f) Duties of the administrator.

   1. (1) The administrator’s general duties shall include:

      1. (A) Determining the sufficiency of the fund;
      2. (B) Collecting and receiving moneys paid into the ACPF;
      3. (C) Disbursing moneys from the ACPF;
      4. (D) Managing the daily operations and affairs of the ACPF;
      5. (E) Cooperating in any audits that the Arkansas Public Service Commission deems necessary;
      6. (F) Resolving disputes;
      7. (G) Reviewing and determining the consistency and reasonableness of all requests for moneys;
      8. (H) Performing any other duties the Arkansas Public Service Commission orders; and
      9. (I) Developing any necessary forms.
   2. (2) The administrator is expressly authorized to bring actions before the Arkansas Public Service Commission to enforce the provisions of the ACPF.

6. (g) Audits.

   1. (1) The ACPF is subject to an annual audit by an independent certified public accountant approved by the Arkansas Public Service Commission.

   2. (2) Cost of the audit shall be:

      1. (A) Considered an administrative cost; and
      2. (B) Paid from the annual fund allocation.
7. (h) Appeals from administrator decisions. A party aggrieved by the administrator’s decision may appeal that decision within thirty (30) days to the Arkansas Public Service Commission.

Codification Notes: This section was promulgated as Rule 14.04 of the Telecommunications Providers Rules prior to codification in the Code of Arkansas Rules. "AICCLP" means Arkansas Intrastate Carrier Common Line Pool.