NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Order
[40 Pa.B. 3031]
[Saturday, June 5, 2010]Public Meeting held
May 20, 2010Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Wayne E. Gardner; Robert F. Powelson
Recalculation of the Pennsylvania Telecommunications Relay Service Surcharge; M-2010-2151504; M-00900239
Order By the Commission:
Pursuant to our May 29, 1990 Order at Docket No. M-00900239 establishing the Pennsylvania Telephone Relay Service (Relay)1 and surcharge funding mechanism (TRS surcharge) and subsequent legislation,2 we havecompleted the annual recalculation of the TRS surcharge as it will apply to residence and business wireline access lines for July 1, 2010, through June 30, 2011. The monthly residential and business monthly access line surcharge will remain set at $0.08.
Background
The annual TRS recalculation is dependent on data from several sources. Local Exchange Carriers (LECs)3 submitted annual wireline access line counts per 52 Pa. Code § 63.37. The Relay Provider, AT&T Communications of Pennsylvania, LLC, submitted the estimated minutes of use and charges for July 1, 2010, through June 30, 2011. Hamilton Telecommunications submitted the estimated minutes of use report for the captioned telephone relay service (CTRS). The Executive Director of the Office of Vocational Rehabilitation (OVR) in the Department of Labor and Industry submitted the 2010-2011 TDDP budget and the 2010-2011 PMASP budget. The surcharge also funds the TRS Advisory Board activities and Fund administration costs. U.S. Bank,4 the Fund Administrator, provided a statement of the financial status of the Fund.5
Calculation for 2010—2011
Wireline access lines reported by LECs for 2009 and adjusted for Centrex lines are 6,818,611, (4,836,663 residence and 1,981,948 business). Based upon the number of access lines, projected program costs (Relay, CTRS, TDDP, and PMASP), anticipated Relay Advisory Board expenses, TRS Fund administration costs, and the financial status of the TRS Fund, the 2010-2011, the monthly TRS surcharge rate for both residence and business access lines will continue to be set at $0.08 per month. All LECs shall continue to remit TRS surcharge revenues to the Fund Administrator.6 Since the 2010-2011 surcharge remains the same as the 2009-2010 rate $0.08, tariff supplements are not required.
Effective July 1, 2010, the monthly surcharge allocation for each fund account is as follows:7
2010-2011 Monthly Surcharge Percentage Residence % Business % Relay 94.0 94.0 TDDP 4.0 2.0 PMASP 2.0 2.0 Total Percentage 100.0 100.0 Operations for 2010—2011
We shall continue our active oversight of the operations of the Pennsylvania Relay, (traditional, speech-to-speech, and captioned telephone). Further, in accordance with 35 P. S. §§ 6701.3a and 4, we shall continue to collaborate with OVR and its TDDP administrator8 to ensure adequate funding for distribution of TDDP equipment to low-income households. Further, we shall continue to assist OVR in its mission to ensure adequate funding for PMASP.
Audits
On May 29, 2003, the Commission authorized an audit of the TRS fund. The scope of this audit has expanded to include additional fiscal periods. On August 7, 2003, a Commission Secretarial Letter required AT&T to file, on or before May 1st of each year, a Statement of Actual Underlying Costs of the PA TRS for the prior completed period of July 1 through June 30. The Bureau of Audits is currently auditing the PA TRS underlying costs for the three fiscal periods ending June 30, 2007, 2008, 2009. Regarding the TDDP the Bureau of Audits is currently conducting the audit of the two fiscal periods ending June 30, 2008 and 2009.
Conclusion
The Commission has completed the annual recalculation of the TRS Surcharge. The surcharge to be applied beginning July 1, 2010, through June 30, 2011, will remain at $0.08 for residential and business access lines; Therefore,
It Is Ordered That:
1. For the period of July 1, 2010, through June 30, 2011, the monthly TRS surcharge rate shall be $0.08 for residence and business, unless we take further action to revise the TRS surcharge prior to June 30, 2011.
2. All local exchange carriers are directed to use the attached form to remit the monthly TRS surcharge collections to U.S. Bank, Institutional Trust & Custody.
3. A copy of this Order be served upon all local exchange carriers, AT&T Communications Company of Pennsylvania, LLC, Hamilton Telecommunications, U.S. Bank Institutional Trust & Custody, the Office of Vocational Rehabilitation in the Department of Labor and Industry, the Office of Consumer Advocate, the Office of Small Business Advocate, and the Pennsylvania Telephone Association.
4. A copy of this Order be published in the Pennsylvania Bulletin.
5. A copy of this Order be posted to the Commission's web site.
ROSEMARY CHIAVETTA,
Secretary
REMITTANCE FORM FOR MONTHLY TRS SURCHARGE COLLECTIONS
Effective July 1, 2010 through June 30, 2011 Docket No. M-2010-2151504 All local service providers are required to collect and remit the TRS surcharge revenue monthly, by the 20th of each month using the following format for the monthly remittance:
Pennsylvania TRS Surcharge
For the Month Ending
______ Number of Residential access lines
______ X
$0.08 per line ______ Allocated: TRS Relay
94.0 percent ______ TDDP
4.0 percent ______ PMASP
2.0 percent ______ Number of Business access lines
______ X
$0.08 per line
______ Allocated: TRS Relay
94.0 percent ______ TDDP
4.0 percent ______ PMASP
2.0 percent ______ Total Remittance
______
______Make check payable to: Pennsylvania TRS Fund
Mail Report and payment to: Wire Instructions: U.S. Bank Institutional Trust & Custody BANK U.S. Bank N.A Sue Massey ADDRESS 60 Livingston Avenue, St Paul EX-PA-WBSP MN 55107-2292
50 South 16th Street, 20th Floor ABA 091 000 022 Philadelphia, PA 19102 BNF ITC Depository South & East ACCOUNT 173 103 781 832 OBI PA Relay ATTN: Sue Massey
Remittance for: Company Name(s): ___________________________ Contact Person: ___________________________ Voice Phone Number: (____) ______ FAX: (____) ______ E-mail address ___________________________ Authorized Signature: ___________________________ Date: ______ Please direct any questions regarding the TRS Surcharge remittance to Eric Jeschke at (717) 783-3850 or ejeschke@state.pa.us.
[Pa.B. Doc. No. 10-1060. Filed for public inspection June 4, 2010, 9:00 a.m.] _______
1 Additional information on TRS may be found at http://www.puc.state.pa.us/telecom/telecom_relay_service.aspx
2 See Act 34 of 1995, 35 P. S. §§ 6701.1—6701.4 (the statutory provisions were amended by Act 181 of 2002 to be more inclusive of persons with disabilities), establishing the Telephone Device Distribution Program (TDDP) to be funded by the TRS surcharge and which codified Relay and use of the TRS surcharge funding mechanism; and Act 174 of 2004, 35 P. S. § 6701.3a, which established the Print Media Access System Program (PMASP) to be funded in part by the TRS surcharge. PMASP is a reading service for persons with certain vision and physical disabilities. The law is now called the ''Universal Telecommunications and Print Media Access Act.''
3 LEC includes both incumbent and competitive local exchange carriers. Thirty-eight LECs had not submitted access line counts as of the date of preparation of this order; therefore, access line counts are estimated for surcharge calculation purposes. Noncompliant LECs are referred to the Commission's Law Bureau prosecutory staff.
4 As a result of mergers, acquisitions, and name changes, Fund administration has been handled by Hamilton Bank (1990), CoreStates Bank N.A. (1995), First Union National Bank (1999), Wachovia Bank, N.A. (2002), and U.S. Bank Institutional Trust & Custody (2006).
5 Separate accounts are maintained for the portions of the surcharge allocated to Relay, TDDP, and PMASP. Relay Advisory Board, CTRS, and outreach activities are funded from the Relay account; Fund administration draws from each respective account.
6 U.S. Bank Institutional Trust & Custody, Attn: Sue Massey, EX-PA-WBSP, 50 South 16th Street, 20th Floor, Philadelphia, PA 19102, payable to the ''PA Relay Service Fund'' and designated for Relay. Wire instructions effective September 11, 2006 can be found on the remittance form.
7 The TRS surcharge appears as a single line item on customers' bills but actually has three components (Relay TDDP and PMASP).
8 As of January 1, 2007, the TDD program is administered by Pennsylvania's Initiative on Assistive Technology (PIAT), Institute on Disabilities, Temple University (IDT).
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