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PA Bulletin, Doc. No. 04-1101

NOTICES

Recalculation of the Pennsylvania Telecommunications Relay Service Surcharge

[34 Pa.B. 3215]

Public Meeting held
May 27, 2004

Commissioners Present:  Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland

Recalculation of the Pennsylvania Telecommunications Relay Service Surcharge; Doc. No. M-00900239F0006

Order

By the Commission:

   In accordance with Ordering Paragraph No. 10 of our May 29, 1990, Opinion and Order at Docket No. M-00900239 and Act 34 of 1995, as amended by Act 181 of 2002, 35 P. S. § 6701.1, et seq., we have completed the recalculation of the Pennsylvania Relay Service surcharges as they apply to residence and business customers for the ensuing 12-month period from July 1, 2004, through June 30, 2005.

   Our May 29, 1990, Opinion and Order at Docket No. M-00900239 contains provisions in Ordering Paragraph No. 10, which sets forth the following schedule outlining the annual calculation of the Pennsylvania Relay Service System Surcharge:

10.  That this Commission shall annually calculate the surcharge according to the following schedule:
a)  April 30.  The LECs will provide, for Commission approval, the total number of access lines adjusted for Centrex lines through the use of ATTACHMENT A, Line to Trunk Equivalency Table.
b)  May 1.  The Relay Service Provider will supply to the Commission a statement of the estimated minutes of Relay Service use and the annual charges for the ensuing twelve (12) month period July 1 through June 30.
c)  May 1.  The Fund Administrator shall provide to the Commission a Statement of the financial status of the Fund.
d)  June 1.  The Commission shall notify the Local Exchange Carriers of the new surcharge rate to be applied for the prospective period.
e)  July 1.  The new surcharge rate will become effective for the ensuing twelve (12) month period with conforming tariffs to be filed upon one day's notice in the format set forth in the PTA Petition at Appendix 8.
The Commission may revise the surcharge more frequently than annually at its discretion.

   In July, 1995, the Telecommunication Device Distribution Program (TDDP) was established to provide specialized telecommunications devices such as text telephones and amplifiers to qualified persons. 35 P. S. § 6701.1 et. seq. In 2002, this law was amended to expand the definition of ''person with a disability'' and ''people with disabilities'' to include persons who have a disability and who require technology to independently access telecommunications services. 35 P. S. § 6701.2. The law provides the following:

Section 4 . . . (c) Additional use of surcharge.--The program shall be funded by the Telecommunication Relay Service Program surcharge, as calculated by the commission on an annual basis under the methodology established by the commission Order entered May 29, 1990 and July 9, 1990, at Docket Number M-900239. The executive director of the Office of Vocational Rehabilitation in the [D]epartment [of Labor and Industry] shall provide the commission with an annual budget and supporting information for the purchase of telecommunication devices for the program.

   Under the aforementioned schedule, the following actions have been taken:

   1.  The local exchange carriers1 submitted their updated access line counts. The total number of access lines, adjusted for Centrex lines is 8,107,727, which includes 5,512,518 residence access lines and 2,595,209 business access lines.

   2.  The Relay Service Provider, AT&T Communications of Pennsylvania, Inc., has submitted the estimated minutes and charges for the period July 1, 2004, through June 30, 2005.

   3.  Wachovia Bank, N. A.2 the Fund Administrator, has provided a statement of the financial status of the Fund.3

   4.  The executive director of the Office of Vocational Rehabilitation (OVR) has submitted its ninth annual budget. The TDDP began its distribution program in June 1997.

   5.  Based upon the total number of access lines submitted by the LECs, estimated cost of the CapTel trial,4 the cost of the consumer education outreach campaign,5 estimated expenses of the TRS for the period July 1, 2004, through June 30, 2005,6 and the financial status of the TRS Fund, we shall decrease the existing residential and business monthly surcharges of $0.08 and $0.17 to $0.07 and $0.13 per access line, respectively, effective July 1, 2004.7 All surcharge revenues shall continue to be remitted to the Wachovia Bank, N. A.8 as the Fund Administrator. These monthly surcharges shall be allocated as follows:

Monthly Surcharge
Residence Business
Telecom. Relay Service $0.06 $0.12
Telecom. Device Distribution $0.01 $0.01
Total Surcharge $0.07 $0.13

   We note that we actively oversee the operations of the Pennsylvania Telecommunications Relay Service. In addition, our staff continues to collaborate with the Department of Labor and Industry and its distribution administrator to ensure distribution of TDDP equipment to low-income households in accordance with 35 P. S. § 6791.1 et. seq.

   Additionally, it should be noted that, consistent with our order at M-00900239F0003 entered May 29, 2003, the Commission is moving forward with its intent to audit both the TRS and the TDDP funds. Regarding the TRS fund, the Bureau of Audits is currently working to set up an audit process of AT&T's budgeted costs and actual expenditures of providing the relay service. Regarding the TDDP fund, a Memorandum of Understanding was executed on April 15, 2004, between the Commission and the Department of Labor and Industry setting forth the terms and conditions for this audit. Since the ratepayers of this Commonwealth are required to pay a surcharge on their monthly bills to support these programs, these on-going efforts to audit both the underlying program budgets and expenditures are appropriate to ensure fiscal responsibility; Therefore,

It Is Ordered That:

   1.  For the period of July 1, 2004, through June 30, 2005, the residence surcharge per access line per month shall decrease from $0.08 to $0.07 and the business surcharge per access line per month shall decrease from $0.17 to $0.13, unless we take action to revise the surcharge prior to June 30, 2005.

   2.  All incumbent local exchange carriers and competitive local exchange carriers are directed to use the attached form to remit the monthly TRS surcharge collections to Wachovia Bank, N. A.

   3.  All incumbent local exchange carriers and competitive local exchange carriers are directed to file revised tariff supplements to become effective July 1, 2004, on at least 1 day's notice, which decrease the residence and business surcharges in accordance with Ordering Paragraph No. 1.

   4.  A copy of this Order be served upon all incumbent local exchange carriers and competitive local exchange carriers, AT&T Communications Company of Pennsylvania, Inc., the Wachovia Bank, N. A., the Office of Vocational Rehabilitation in the Department of Labor and Industry, the Office of Consumer Advocate and the Office of Small Business Advocate.

   5.  A copy of this Order be published in the Pennsylvania Bulletin.

JAMES J. MCNULTY,   
Secretary

REMITTANCE FORM FOR MONTHLY TRS SURCHARGE COLLECTIONS 2004-2005

   All local service providers are required to collect and remit the TRS surcharge revenue monthly, by the 20th of each month, to the Wachovia Bank, N.A., ATTN:  Nancy Haney, 123 S. Broad St.--PA 4944, Philadelphia, PA 19109. Please make your remittance checks payable to the Pennsylvania Relay Service Fund. It is advisable to use the following format for the monthly remittance:

Pennsylvania Relay Service

For the Month Ending                  ______

Number of Residential access lines      ______

(TRS)      ×       $0.06 per line            ______

Number of Residential access lines      ______

(TDDP)       ×       $0.01 per line         ______

Number of Business access lines      ______

(TRS)      ×      $0.12 per line            ______

Number of Business access lines      ______

(TDDP)      ×      $0.01 per line      __________

                        Total Remittance   __________

Make check payable to:  Pennsylvania Relay Service Fund

Send Report and payment to:
Wachovia Bank, N.A.
Nancy Haney, Trust Administrator
123 So. Broad Street--PA 4944
Philadelphia, PA 19109

Remittance for:      Company name(s)
Address

Company Contact:  Name
Phone number

Authorized Signature:  _________________

Date:  ______

   Please direct any questions regarding the TRS Surcharge remittance to Eric Jeschke at (717) 783-3850.

[Pa.B. Doc. No. 04-1101. Filed for public inspection June 18, 2004, 9:00 a.m.]

_______

1  Including both incumbent local exchange carriers and competitive local exchange carriers.

2   Hamilton Bank changed its name to CoreStates Bank N. A. in 1995 as the result of a merger and to First Union National Bank in 1999, and to Wachovia Bank, N. A. in 2002.

3  Separate accounts are maintained for the portion of the surcharge allocated to TRS and the portion allocated to the TDDP.

4   On February 6, 2003, the Commission approved a motion of the TRS Advisory Board permitting a 9-month trial of the CapTel phone, with a possibility of two 3-month extensions. Both of the 3-month extensions received Commission approval, and the CapTel Trial will continue through July 31, 2004. The Commission is actively exploring their options, but has made no decision at this time regarding the future use of CapTel.

5  By Secretarial Letter dated June 3, 2003, AT&T was directed to submit an Implementation Plan of its proposal for consumer education outreach. On September 29, 2003, the Commission unanimously accepted the Implementation Plan, and W. J. Green & Associates, Inc. started the outreach campaign in October, 2003. The campaign will continue for 2 years at a cost of $500,000 per year until September 2005. At that time, the results of the campaign will be evaluated and a determination will be made as to whether or not to continue with the campaign.

6  The estimated expenses include: the estimated minutes of Telecommunications Relay Service use and estimated charges submitted by AT&T, the estimated Relay Advisory Board expenses, the estimated compensation to the Fund Administrator, and the estimated budget for the TDDP submitted by the OVR.

7  The total TRS/TDDP decrease in the surcharge will be $0.01 for residential customers and $0.04 for business customers.

8  Surcharge revenues should be remitted to the Wachovia Bank, N. A., Attn:  Nancy Haney, 123 S. Broad St., PA4944, Philadelphia, PA 19109. Checks should be made payable to:  PA Relay Service Fund.



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