Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.46.01 - UNIVERSAL SERVICE FUND RULES › EXEMPTIONS FROM REPORTING AND REMITTANCES › Section 31.46.01.402 - MTS/WATS COMPANIES - RESELLERS' EXEMPTION FROM REPORTING AND REMITTANCES

Current through August 31, 2023
01.
Criterion for Exemption
.
				MTS/WATS companies may be exempted from monthly remittances and monthly
				reporting to the USF administrator under Rule
				201 by Order of the Commission or
				letter from the Commission Staff or from the USF administrator upon the grounds
				that the MTS/WATS company is exclusively a reseller of MTS/WATS services from
				another MTS/WATS company that is already remitting the surcharge prescribed for
				MTS/WATS services for all of the reselling MTS/WATS company's MTS/WATS minutes.
				(3-31-22)
02.
Requirements of
				Request for Exemption
. No exemption will be given under this rule unless
				the reselling MTS/WATS company has requested an exemption in writing. The
				request for exemption shall be directed to the Commission Secretary (or if
				received by the administrator or a member of the Commission Staff forwarded to
				the Commission Secretary). The request for exemption must state that the
				MTS/WATS company is seeking a reseller's exemption, must name the reseller's
				underlying MTS/WATS carrier, must certify that the named underlying carrier
				carries all of the reseller's traffic in Idaho, and must be accompanied by a
				letter from the underlying carrier stating that the reselling carrier
				requesting the exemption is a customer of the underlying carrier, that the
				underlying carrier is remitting the surcharge to the USF for all minutes sold
				to the reselling carrier, and that the reseller will notify the Commission
				whenever one of its underlying carriers changes. (3-31-22)
03.
Action on Requests
. The
				Commission Staff or the USF administrator may grant a reseller an exemption
				from monthly remittances of USF surcharges and from monthly reporting of
				MTS/WATS use if the reseller has shown that another MTS/WATS company is
				remitting the surcharge for all of the reseller's minutes. The exemption shall
				require the reseller to report to the Commission Staff whenever it changes its
				underlying carrier. The exemption ordinarily excuses the reseller from annual
				reporting under Rules
				202 and
				203, but does not exempt the
				reseller from annual recertification upon request of the Commission Staff or
				the administrator of its continuing status as a reseller. However, the
				Commission Staff or the administrator may require an exempt reseller to file an
				annual report upon written notification that the Commission Staff or
				administrator requires an annual report for that year. (3-31-22)
04.
File of Exemptions
. The
				Commission Staff shall maintain a file of all exemptions under this rule and
				supply a copy to the Commission Secretary and to the USF administrator.
				(3-31-22)
05.
Petition From
				Initial Denial by the Commission Staff or Administrator
. If a request
				for a reseller's exemption is denied by the Commission or the Commission Staff
				or the Administrator, the company may petition to the Commission. The petition
				must contain a description of the telephone company's network connections.
				(3-31-22)