Wyo. Code R. 023-0002-5
Effective Date: 04/16/2018 to Current
Rule Type: Current Rules & Regulations
Reference Number: 023.0002.5.04162018
(a) These Rules are promulgated by authority of Wyoming Statutes §§ 37-15-501 et seq.;
(b) All telecommunications companies which provide telecommunications services, and providers of VoIP and internet protocol enabled services as defined by Wyoming Statute § 37-15-105, (Companies) are subject to this Chapter.
(c) All definitions contained within Wyoming Statute §§ 37-15-103 through 105, and Chapter 4 of these Rules apply to Chapter 5. In addition:
(i) Contributions from the Federal Universal Service Fund (FUSF Contributions): funds received from the FUSF as reported to the Commission for high cost support mechanisms that will assist customers located in areas with relatively high rates for noncompetitive essential local exchange service;
(ii) Embedded Support Price: the Commission-approved price paid for telecommunications service that includes a FUSF credit without explicitly stating the amount of the credit on the customer's bill;
(iii) Essential local exchange service line: a line providing essential local exchange services as defined by Wyoming Statute § 37-15-103(a)(iv);
(iv) Essential local exchange service price: those prices charged for the provision of essential local exchange services as defined by Wyoming Statute § 37-15-103(a)(iv), including when bundled with unregulated services;
(v) Fund: Wyoming Universal Service Fund;
(vi) Incremental Federal High Cost Support Adjustment: the difference between the amounts of Federal High Cost Support received in the most recent calendar year and the amount of Federal High Cost Support in the Embedded Support Price;
(vii) Most recent annual filing of unseparated loop costs filed with USAC: those costs found in a company's annual October 1 submittal made by the National Exchange Carrier Association (NECA) pursuant to 47 CFR § 54.1307;
(viii) Most recent annual FUSF receipts: the total of all high cost receipts disbursed to a company during the last completed calendar year, including all high cost support mechanisms except intercarrier compensation (ICC);
(ix) Most recent annual local revenues: local revenues as calculated using the statutory $30 imputed price benchmark and all subscriber line charge revenue; and
(x) Non-Embedded Support Price: the Commission-approved price paid for telecommunications service that includes a FUSF credit that is explicitly stated on the customer's bill.
(a) In administering the Fund pursuant to Wyoming Statute § 37-15-501 et seq., the Commission may arrange for the services of a Fund Manager who shall perform routine collection, distribution and other activities related to the Fund, subject to the oversight and direction of the Commission. The Fund Manager's compensation and expenses directly related to the administration of the Fund shall be incorporated into the required Fund contributions and paid from the Fund;
(b) The Fund shall be audited by an independent accountant not affiliated with the Fund Manager at least once every three years. Expenses related to audits shall be included in the administrative cost of the Fund and shall be incorporated in the required contributions and paid from the Fund. The independent accountant shall be selected by the Commission under all applicable procurement rules. No accountant shall be eligible to perform more than three consecutive audits;
(c) No later than October 1st of each year, the Commission shall issue a public report that summarizes the preceding year's activity and includes:
(i) A statement of collected assessments and distributions from the Fund;
(ii) A record of total cost of Fund administration; and
(iii) Non-confidential audit reports and recommendations provided by the independent accountant referenced in subsection (b).
(a) For assessment purposes, all companies realizing any retail intrastate revenue from telecommunications services in Wyoming are required to quarterly report such gross revenues to the Commission. The report of revenue, whatever the amount, is required by the last day of the first month after the end of any calendar quarter in which a company realizes any intrastate revenue from its operations in Wyoming;
(b) By April 15 of each year, the Fund Manager shall issue a report that details the $30 imputed price benchmark described in Wyoming Statute § 37-15-501(h), including a comparison to the weighted statewide average 130% price benchmark, the calculated proposed support distributions from the Fund and the proposed assessment rate that shall be applied to gross intrastate retail revenues. This proposed assessment rate shall be based on the computed amounts needed for support distributions, the statutory cap described in Wyoming Statute § 37-15-501(e)(ii), the prior year gross intrastate retail revenues and any over- or under-collection in the Fund from the previous year;
(c) By May 15 of each year, the Commission shall by order set the Fund assessment rate for the 12 month period beginning July 1st of each year;
(d) The Fund assessment rate shall apply only to intrastate retail telecommunications service revenues and shall not apply to revenues associated with wholesale services. For purposes of the section, wholesale services include any service which is resold, with or without additional value-added features, to end users by the purchaser of the service, except lines purchased and resold by internet service providers;
(e) Fund assessment charges shall appear as a separate line item on each customer's bill unless the Company requests a waiver and the Commission grants the request;
(f) All Companies realizing intrastate retail revenue from telecommunications services in Wyoming are required to report such gross revenues to the Commission as described in (a) and contemporaneously pay into the fund the assessment amount calculated by multiplying the Company's gross revenue, less any wholesale transactions described in paragraph (d), by the assessment rate. Administrative costs incurred by Companies making payments into the Fund shall not be used as an offset to the required payments of assessment;
(g) For assessments of $500 per month or less, payment is required quarterly. For assessments greater than $500 per month, payment is required monthly. Payment is due on or before the last day of the first month following the assessment month or quarter;
(h) Assessments not timely paid shall be subject to a late payment charge equal to 1.5% on the balance each month until the assessment is paid.
(a) By February 15th of each year, all Companies shall provide the information required by the Commission to perform the computations necessary for collection and distribution of the Fund, along with any petition for confidential treatment of submitted data;
(b) Each Company shall report its number of essential local exchange service lines and calendar year-end essential local exchange service price(s) separately for each distinct geographic area, zone, mileage or other customer grouping to which different essential local exchange service prices apply;
(i) The price reported shall include all standard charges associated with each Company's essential local exchange service or each wireless Company's supported wireless service. Such charges include: the essential local exchange service price, whether flat or measured, zone and mileage charges;
(ii) The price reported shall exclude: bill credits related to prior period Fund receipts; federally mandated customer service line charges; mandatory extended area service charges; surcharges for 911; franchise taxes; and other similar charges or taxes.
(c) Each Company electing distribution pursuant to Wyoming Statute § 37-15-501(g) shall also submit:
(i) Its most recent annual filing of unseparated loop costs filed with USAC pursuant to 47 CFR § 54.1307, if applicable, or its equivalent. If the Company reports to USAC in a manner inconsistent with its distribution from the Fund, such as aggregated with another Company, or in conjunction with another jurisdiction, then it must conform its Commission submittal to enable individualized Fund distribution;
(ii) Its most recent annual FUSF receipts;
(iii) Its most recent annual local revenues and total local service exchange line counts; and
(iv) Companies shall preserve Fund-related records for at least three years after the date of entry of the record.
(a) The Fund Manager shall compute the weighted statewide average essential local exchange service price in a consistent manner based on end of calendar year essential local exchange service line counts and on prices authorized by Wyoming Statute §§ 37-15-203 and 204, taking into account the customer grouping options used by the Companies described in section 4(b) of this Chapter. The Fund Manager’s computation of the weighted statewide average essential local exchange service price shall also include the reported prices for supported wireless services;
(b) The weighted statewide average essential local exchange service price shall be calculated as follows:
(i) Multiply the number of essential local exchange services lines by the price(s) applicable to each line reported pursuant to section 4(b) to determine the total revenue for each Company;
(ii) Add all reporting Companies’ revenues to determine the statewide total revenues;
(iii) Add all reporting Companies’ essential local exchange service lines to determine the statewide total number of service lines;
(iv) For those reporting Companies with Embedded Support Prices, determine the total embedded Federal High Cost Support as follows:
(A) Multiply each Company’s Embedded Support Price by the number of its essential local exchange service lines reported in section 4(b) and multiply by 12 to annualize;
(B) Subtract the total embedded FUSF support from the Company’s reported FUSF Contributions to determine its Incremental Federal High Cost Support Adjustment; and
(C) Add all reporting Companies’ annual Incremental Federal High Cost Support Adjustments and divide by 12 to determine a statewide monthly Incremental Federal High Cost Support Adjustment.
(v) Subtract the statewide monthly Incremental Federal High Cost Support Adjustment from the statewide total revenues to determine the adjusted statewide total revenues; and
(vi) Divide the adjusted statewide total revenues by the statewide total number of essential local exchange service lines to determine the weighted statewide average price.
(c) The 130% price benchmark shall be calculated by multiplying the weighted statewide average price by 130%.
(a) The Fund Manager shall use the imputed price benchmark of $30 to determine required Fund distributions pursuant to Wyoming Statute § 37-15-501(d), unless the Commission determines it does not approximate 130% of the weighted statewide average essential local exchange service price and that it should be adjusted by 10% or more pursuant to Wyoming Statute § 37-15-501(h);
(b) Companies providing non-competitive essential local exchange service that elect to receive distributions pursuant to Wyoming Statute § 37-15-501(d) shall receive funds only to the extent that their essential local exchange service prices or supported wireless service price(s), after consideration of FUSF Contributions, exceed the $30 imputed price benchmark, or if determined by the Commission, the 130% price benchmark as calculated above. FUSF Contributions shall be credited monthly on a per-line basis. Each Company’s incremental FUSF receipts resulting from changes in the Company’s FUSF Contribution shall also be credited monthly to the bills of the customers on a per-line basis. The amount of the credit for each of the customers shall be computed and authorized by the Commission in a manner consistent with federal receipt of such funds and must be greater than zero to qualify for distribution from the Fund;
(c) Monthly total distributions to Companies that elect to receive distributions pursuant to Wyoming Statute § 37-15-501(d) shall be calculated as follows:
(i) For those reporting Companies with Embedded Support Prices:
(A) Divide each Company's Incremental Federal High Cost Support Adjustment as calculated in section 5(b)(iv)(B) by its total number of essential local exchange service lines and divide by 12 to determine its monthly per-line Incremental Federal High Cost Support Adjustment;
(B) Subtract the per-line Incremental Federal High Cost Support Adjustment from the net price(s) reported in section 4(b) to determine the total per line incremental adjusted net price.
(ii) If the Company's reported net price(s), whether incrementally adjusted or otherwise, exceed the imputed price benchmark of $30, or if applicable, the 130% price benchmark, then the difference is the Company's eligible per-line distributions(s);
(iii) Multiply the Company's eligible per-line distribution(s) by the number of essential local exchange service lines applicable to each net price; and
(iv) Total these results to determine the Company's total monthly distribution.
(d) A Company providing non-competitive essential local exchange service that elects to receive distributions pursuant to Wyoming Statute § 37-15-501(g) shall receive funds only to the extent that its costs, as reflected in the Company's most recent annual filing of unseparated loop costs filed with the USAC, exceeds its most recent annual FUSF receipts and annual local revenues;
(e) Monthly total distributions to Companies that elect to receive distributions pursuant to Wyoming Statute § 37-15-501(g) shall be calculated as follows:
(i) To determine whether each Company's most recent annual filing of unseparated loop costs exceeds its most recent annual FUSF receipts and annual local revenue:
(A) Multiply each Company's reported total number of local service lines by the $30 imputed price benchmark and multiply by 12 to annualize;
(B) Add all reported subscriber line charge revenues to determine total most recent annual local revenues;
(C) Add to each Company's most recent annual FUSF receipts to determine each Company's total most recent annual FUSF receipts and annual local revenue; and
(D) Subtract each Company's most recent unseparated loop costs from the Company's total most recent annual FUSF receipts and annual local revenue to determine the Company's excess loop costs and eligibility for distribution.
(ii) For each Company with excess unseparated loop costs, divide by 12 to determine the Company's eligible total monthly distribution.
(f) If calculated distributions for the upcoming Fund year will exceed the statutory cap described in Wyoming Statute § 37-15-501(e)(ii), then distributions to all Companies that elect to receive distributions pursuant to Wyoming Statute § 37-15-501(g) shall be subject to pro-rata distribution reductions calculated as follows:
(i) For those Companies eligible for monthly distributions as calculated in section 5(e) above:
(A) Add all Companies' eligible annual distributions to determine a statewide total of annual distributions;
(B) Divide each Company's total annual distribution by the statewide total of annual distributions to determine each Company's percentage of distributions;
(C) Multiply the statutory cap amount available for all Companies that elect distributions pursuant to Wyoming Statute § 37-15-501(g) by each Company's percentage of distributions to determine each Company's eligible reduced total pro-rata annual distribution; and
(D) Divide each Company's eligible reduced total pro-rata distribution by 12 to determine its reduced monthly pro-rata distribution.
(ii) If an eligible Company elects to receive distributions pursuant to Wyoming Statute § 37-15-501(g) after distributions have begun for the Fund year, then recalculate the pro-rata distribution reductions as described in subsection (f)(i)(A-C) above, adding the new elector. Then divide each Company's eligible reduced total pro-rata distribution by the number of months remaining in the Fund year to determine its reduced monthly pro-rata distribution.
(g) Distribution amounts from the Fund are public records and shall be made monthly. Distributions from the Fund for a supported wireless service shall not exceed the amount of per-line support available to wireline telecommunications customers in the geographic service area in which the supported wireless service is offered. Unlimited use of local exchange service shall be provided without any additional charge to end users as part of the supported wireless service;
(h) Mid-period revisions to a Company's essential local exchange service price or to a supported wireless service for purposes of receiving distributions from the Fund shall only be permitted upon application and approval by the Commission; and
(j) Companies receiving support from the Fund shall display the amount of such support as a separate line item credit on each affected customer's bill unless a waiver is requested by the Company and granted by the Commission.