Legal Notices

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Issued: April 7, 2020 CASE NO. 20-0317-T-GI GENERAL INVESTIGATIONREGARDING THE USE OF FEDERAL UNIVERSAL SERVICE FUNDING BY ELIGIBLE TELECOMMUNICATIONS CARRIERS IN WEST VIRGINIA. PROCEDURAL ORDER This Order establishes procedural deadlines and directs eligible telecommunications carriers (ETCs) to make certain disclosures on or before July 1, 2020. BACKGROUND On March 30, 2020, the Commission opened its annual general investigation into the proper use of universal service funding (USF) by ETCs in West Virginia to provide information supporting the annual certification made to the Federal Communications Commission (FCC) under 47 C.F.R. 54.314. The Commission referred this matter to its Division of Administrative Law Judges for a Recommended Decision on or before August 24, 2020. DISCUSSION Applicable Regulations In 2011, the FCC substantially revised its framework for distributing USF. (In the Matter of Connect America Fund et al., WC Docket 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663 (2011) (CAF Order).) The FCC froze the level of available high cost USF support and revised the filing requirements for ETCs designated by state commissions. (Id.) States that desire ETCs to receive high cost support must file a certification with both the FCC and the Administrator of the Universal Service Administrative Company (USAC) stating that each ETC used the support received in the preceding year and will use support in the coming calendar year for the provision, maintenance and upgrading of facilities and services intended. (47 C.F.R. 54.314.) If this Commission files its certification with the FCC prior to October 1st, USF for the coming calendar year will be forwarded to carriers. If the certification is not filed by that date, however, the funding carriers receive is reduced. (Id.) The FCC established a set of annual reporting requirements for recipients of high cost or Connect America Fund (CAF) support. Each recipient must provide that information to the FCC by July 1st of each calendar year. (47 C.F.R. 54.313.) The FCC collects the information required under 47 C.F.R. 54.313 with FCC Form 481. In the CAF Order, the FCC expressed an expectation that state commissions would utilize the data required from ETCs under 47 C.F.R. 54.313 to conduct a rigorous examination of the use of USF support. In the event that an ETC is not using USF support as intended, a state commission may recommend that the FCC make prospective support adjustments or recover past support amounts.1 (CAF Order at 612.) Tel-assistance/Lifeline Review Under Rule 10.6.c of the Rules for the Government of Telephone Utilities, 150 C.S.R. Series 6 (Telephone Rules), the Commission requires all ETCs to report their (i) actions to advertise the availability and rates of the Tel-assistance service and (ii) efforts to provide notice to customers regarding the program. The Commission conducts this review in conjunction with the annual review of the use of USF described above and has historically examined the Lifeline programs offered by ETCs along with Tel-assistance service. The FCC, however, revised the Lifeline service to low-income consumers in 2012. (See, In the Matter of Lifeline and Link Up Reform and Modernization, WC Docket 11-42 et al., Report and Order and Further Notice of Proposed Rulemaking, 27 FCC Rcd 6656 (2012) (Lifeline Order).) Under the revised framework, ETCs must make certain compliance certifications to the FCC and USAC Administrator regarding their Lifeline offerings and provide that certification to the state commission that designated the ETC. (47 C.F.R. 54.416, 54.422.) Considering the Lifeline Order and the requirements of Telephone Rule 10.6.c, each ETC should (i) describe its efforts to advertise and inform their customers of the rates and advantages of the West Virginia Tel-assistance program and (ii) file a copy of the latest available Lifeline filing under 47 C.F.R. 54.416 and 54.422 with this Commission. Filing Requirements In order to carry out the responsibilities of the Commission to review the use of USF support by ETCs and to make the annual certification to the FCC and USAC, each ETC will file the information required under 47 C.F.R. 54.313, the most recent filing under 47 C.F.R. 54.416, 54.422 and information required under Telephone Rule 10.6.c with this Commission in this docket on or before July 1, 2020. The FCC has created Form 481 to assist carriers with compiling the information required under 47 C.F.R. 54.313 and 54.422. Carriers should utilize FCC Form 481 for making the necessary disclosures in this matter.2 Each ETC must also attach a separate verification signed before a notary that attests to (i) its proper use of USF and (ii) the accuracy of the information it files here. Failure to file a proper verification affidavit is likely to result in the Commission refusing to certify the carrier to the FCC. Carriers, however, should avoid making unnecessary requests for a protective order in this proceeding because this matter involves the review of the use of public funds collected from telecommunications ratepayers. The filing requirements in this Order will supersede the requirements within the July 23, 2019 Recommended Decision in the last USF certification proceeding (Case No. 19-0374-T-GI). Public Notice and Comment Finally, (i) the verified statements carriers file will be posted on the Commission website, (ii) notice of this Order and the required internet posting of the verified statements will be published once in the Charleston Gazette-Mail and (iii) interested persons may file comments with the Commission by July 15, 2020. FINDING OF FACT The Commission opened a general investigation to review the eligibility of ETCs to continue to receive USF. (March 30, 2020 Commission Order.) CONCLUSION OF LAW It is reasonable to establish filing deadlines in this proceeding and direct ETCs to file certain information to facilitate a review of the USF support to each carrier. ORDER IT IS THEREFORE ORDERED that by July 1, 2020, all ETCs designated by this Commission shall file statements verified before a notary that they used universal service support in the preceding calendar year “only for the provision, maintenance and upgrading of facilities and services for which the support is intended,” consistent with Section 254(e) of the Telecommunications Act and will continue to do so in the coming year. IT IS FURTHER ORDERED that by July 1, 2020, all ETCs designated by this Commission receiving high cost or CAF support shall file the information required under 47 C.F.R. 54.313. ETCs may utilize FCC Form 481 (and/or FCC Form 690 as applicable) to disclose that information, but must also include verification before a notary attesting to the accuracy of the disclosures. IT IS FURTHER ORDERED that by July 1, 2020, all ETCs designated by this Commission shall file a copy of their most recent Lifeline filing under 47 C.F.R. 54.416 and 47 C.F.R. 54.422, along with a description of their efforts to advertise and inform customers of the rates and advantages of the West Virginia Tel-assistance program as required by Telephone Rule 10.6.c. IT IS FURTHER ORDERED that the Commission Executive Secretary post the verified statements of each carrier in this matter on the Commission website. IT IS FURTHER ORDERED that a final Commission Staff Memorandum be filed on or before July 27, 2020. IT IS FURTHER ORDERED that all responses to the final Staff Memorandum shall be filed on or before August 3, 2020. IT IS FURTHER ORDERED that the Commission Executive Secretary publish this Order once, in the Charleston Gazette-Mail, and note that interested persons are invited to file comments with the Commission by July 15, 2020. Comments may be filed electronically on the Commission website or addressed to: Executive Secretary, P. O. Box 812, Charleston, WV 25323. IT IS FURTHER ORDERED that the Executive Secretary serve a copy of this Order on all ETCs by electronic service if they have filed an e-service agreement with the Commission; by United States Certified Mail, return receipt requested, if an ETC has not filed an e-service agreement with the Commission; and on Staff by hand delivery. Matthew J. Minney Deputy Chief Administrative Law Judge MJM:s:lc 200317a.doc LC-91115 04-09,16;2020