Statutes, codes, and regulations
Wyoming Administrative Code
Agency 023 - Public Service CommissionSubagency 0002 - Public Service Commission Rules
Chapter 5 - WYOMING UNIVERSAL SERVICE FUND
Section 5-6 - Distributions from the Fund

023-5 Wyo. Code R. § 5-6

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Current through April 27, 2019
Section 5-6 - Distributions from the Fund

(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;
  • (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.

023-5 Wyo. Code R. § 5-6

Adopted, Eff. 3/21/2016.

Amended, Eff. 4/16/2018.