STATEMENTS OF POLICY

Title 52--PUBLIC UTILITIES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

[ 52 PA. CODE CH. 69 ]

Operation of Telecommunications Relay Service System and Relay Service Fund; Rescission of Policy Statement

[38 Pa.B. 6961]
[Saturday, December 20, 2008]

Public Meeting held
August 21, 2008

Commissioners Present: James H. Cawley, Chairperson; Robert F. Powelson; Tyrone J. Christy; Kim Pizzingrilli; Wayne E. Gardner

Rescission of Policy Statements in 52 Pa. Code §§ 69.511--69.513 regarding Operation of Telecommunications Relay Service System and Relay Service Fund;
Doc. No. M-00900239 (1121115)

Order

By the Commission:

   The Pennsylvania Public Utility Commission (Commission) is rescinding its policy statement in 52 Pa. Code §§ 69.511--69.513 (relating to operation of Telecommunications Relay Service System and Relay Service Fund). The rescission shall take effect immediately upon publication of this order in the Pennsylvania Bulletin.

Background

   The Commission's policy statements in §§ 69.511--69.513 became effective at 29 Pa.B. 2034 (April 17, 1999). The purpose for the policy statements was to ensure accurate Telecommunications Relay Service (TRS) surcharge calculations, accurate and timely remittance of TRS charge revenues, and cooperation with audit procedures. On August 21, 2008, at L-2008-2020165, the Commission adopted a final-form regulation order codifying provisions of the subject policy statements to ensure adequate TRS fund balances, timely remittance of TRS fund revenues and cooperation with TRS fund audits.

Discussion

   The policy statements are being rescinded by the Commission to remove obsolete material from the Pennsylvania Code. The rescission of this obsolete material will eliminate any confusion regarding which provisions control the management and operation of the TRS Fund. Simultaneous to the publication of this rescission, the Commission is publishing a final-form TRS Fund management regulation that incorporates the provisions of the policy statements and therefore renders the policy statements obsolete.

Conclusion

   Accordingly, under sections 501, 1501, 3015 and 3019 of the Public Utility Code, 66 Pa.C.S. §§ 501, 1501, 3015 and 3019; sections 201 and 202 of the act of July 31, 1968 (45 P. S. §§ 1201 and 1202), and the associated regulations in 1 Pa. Code §§ 7.1, 7.2 and 7.5; section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732.204(b)); section 5 of the Regulatory Review Act (71 P. S. § 745.5); and section 612 of The Administrative Code of 1929 (71 P. S. § 232), and the associated regulations in 4 Pa. Code §§ 7.231--7.234, the Commission finds that rescinding the policy statements in §§ 69.511--513 should be approved as set forth in Annex A; therefore,

   It Is Ordered That:

   1.  Title 52 of Pa. Code Chapter 69 is amended by the rescission of the policy statements in §§ 69.511--69.513 as set forth in Annex A.

   2.  The Secretary shall certify this Order and Annex A and deposit them with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  The Secretary shall submit this Order and Annex A to the Governor's Budget Office for review of fiscal impact.

   4.  A copy of this Order and Annex A shall be served upon the Pennsylvania Telephone Association and all local exchange carriers in this Commonwealth and that a copy be filed at the related rulemaking Doc. L-2008-202165.

   5.  The contact persons for this matter are Christopher Hepburn, Bureau of Fixed Utility Services, (717) 214-9115 (technical), and Louise Fink Smith, Assistant Counsel, Law Bureau, (717) 787-8866 (legal). Alternate formats of this document are available to persons with disabilities and may be obtained by contacting Sherri DelBiondo, Regulatory Coordinator, Law Bureau, (717) 772-4597.

   6.  The effective date of this rescission coincides with the effective date of the final-form regulation in § 63.37 which was adopted at 38 Pa.B. 6908 (December 20, 2008), and was effective upon publication.

By the Commission

JAMES J. MCNULTY,   
Secretary

Annex A

TITLE 52. PUBLIC UTILITIES

PART I. PUBLIC UTILTIY COMMISSION

Subpart C. FIXED SERVICE UTILITIES

CHAPTER 69. GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES

§§ 69.511--69.513. [Reserved].

[Pa.B. Doc. No. 08-2297. Filed for public inspection December 19, 2008, 9:00 a.m.]

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