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Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 32 - Reorganization › Rule 199-32.1 - Applicability and Definition of Terms

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This chapter
				applies to any person who intends to acquire, sell, lease, or otherwise dispose
				directly or indirectly of the whole or any substantial part of a public
				utility's assets; or purchase, acquire, sell, or otherwise dispose of the
				controlling capital stock of any public utility, either directly or indirectly.
				For utilities with more than one regulated line of business, the utility
				revenue limit shall be calculated using the revenue of the specific line of
				utility business involved in the transaction, not the combined utility
				revenues.
(2) This chapter does not
				apply to transfers or removals of a public utility's assets that are made
				specifically pursuant to a commission deregulation order, as long as those
				transfers or removals occur within 12 months of the commission's approval of an
				accounting separation plan, or to transactions where commission approval is
				otherwise required in a contested case proceeding.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 32 - Reorganization › Rule 199-32.2 - Substantial Part of a Public Utility's Assets

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No public
				utility shall acquire or lease assets, directly or indirectly, with a value in
				excess of 3 percent of the utility's Iowa jurisdictional utility revenue during
				the immediately preceding calendar year or $5 million, whichever is greater,
				without prior approval from the commission pursuant to Iowa Code section
				476.77. For purposes of this subrule and subrule 32.2(2), "value" means the
				greater of market value or book value.
(2) No public utility shall sell or otherwise
				dispose of assets, directly or indirectly, with a value in excess of 3 percent
				of the utility's Iowa jurisdictional utility revenue during the immediately
				preceding calendar year or $5 million, whichever is greater, without prior
				approval from the commission pursuant to Iowa Code section 476.77. However, for
				utilities for which the 3 percent limit is greater than $5 million, if the
				assets being sold or otherwise disposed of are used in the generation or
				delivery of utility services to Iowa consumers, an application or a waiver is
				required if the assets have a value in excess of $10 million.
(3) Commission approval of the following
				types of transactions is not necessary: fuel purchases, energy and capacity
				purchases and sales, gas purchases, sale of accounts receivables, sale of
				bonds, claim and litigation payments, tax payments and credit transfers,
				regulatory fees and assessments, insurance premiums, payroll, stock dividends,
				financings, routine financial transactions, operation and maintenance expense,
				construction expense, or similar transactions that occur in the ordinary course
				of business. Any transaction involving more than 10 percent of a public
				utility's gross utility assets less depreciation, or any transaction outside
				the ordinary course of business, is not exempt under this subrule.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 32 - Reorganization › Rule 199-32.3 - Proposal for Reorganization-filing Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Any person who intends to accomplish a reorganization shall
				  file supporting testimony and evidence with its proposal for reorganization,
				  including but not limited to the following information:
(1) General information.
a. A statement of the purposes of the
				reorganization and a description of the events that led to the
				reorganization.
b. An analysis of
				the alternatives to the proposed reorganization that were considered and their
				impact on rates and services, if any.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 32 - Reorganization › Rule 199-32.4 - Insufficient Filing

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may reject within 30 days any proposal for
				  reorganization that does not contain sufficient information for the commission
				  to evaluate the proposal for reorganization. The commission shall fully
				  describe any deficiencies in a reorganization plan that is
				  rejected.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 32 - Reorganization › Rule 199-32.5 - Procedural Matters

Current through Register Vol. 47, No. 3, July 24, 2024
Because of statutory time limitations set forth in Iowa Code
				  section 476.77(2), an expedited procedural schedule shall be utilized for
				  proposals for reorganization. The commission may order additional specific
				  procedures as needed for the expedited hearing process.
(1) Within 40 days after a proposal for
				reorganization and supporting testimony is filed, the consumer advocate and any
				intervenors may file any written testimony and exhibits. This will allow the
				commission an opportunity to consider the testimony and exhibits prior to the
				50-day deadline for issuing a notice of hearing.
(2) Responses to data requests shall be made
				within five days from the date of service.
(3) When a hearing on the proposed
				reorganization is scheduled, the applicant, consumer advocate, and any
				intervenors file a joint statement of the issues at least ten days prior to the
				date of hearing.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 32 - Reorganization › Rule 199-32.6 - Approval of Appraiser for Municipal Utilities

Current through Register Vol. 47, No. 3, July 24, 2024
The procedures for requesting commission approval of an
				  appraiser are as follows:
(1)
Making a request.
To request commission approval of an
				appraiser to appraise a city utility, the governing body of the city utility
				shall file a request in the commission's electronic filing system. The request
				shall contain the following information:
a.
				The name of the city and of the utility;
b. The type of utility service provided by
				the utility;
c. The total number of
				customers served by the utility and the number of customers served by class, if
				applicable;
d. A general
				description of the assets owned by the utility; and
e. The name and contact information for the
				city or utility.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 33 - Nonutility Services-recordkeeping and Cost Allocations › Rule 199-33.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
All terms used in this chapter are defined in Iowa Code
				  section 476.72 unless further defined in
				  this chapter.
"Exception time reporting"
means when an
				  employee works predominantly in either utility or nonutility operations and
				  only reports time worked in the less predominant area.
"Filing threshold"
means that the summation
				  of an electric or gas utility's revenues recorded in Federal Energy Regulatory
				  Commission (FERC) accounts 415 and 417 equals 3 percent of a utility's
				  operating revenues recorded in FERC account 400, or the summation of a water
				  utility's revenues from nonutility service equals 3 percent of the utility's
				  operating revenues. The revenues in these accounts will be as recorded in the
				  annual FERC Form 1 for electric and combination utilities, FERC Form 2 for gas
				  utilities, and similar National Association of Regulatory Utility Commissioners
				  (NARUC) accounts for water, sanitary sewage, or storm water drainage service
				  utilities.
"Fully distributed cost"
means a costing
				  approach that fully allocates all current and embedded costs to determine the
				  revenue contribution of utility and nonutility services.
"Incidental activities"
means activities
				  that are so closely related to the provision of utility services and limited in
				  scale that it is impracticable to identify separately the costs of such
				  activities.
"Net book value"
means the original purchase
				  price net of depreciation.
"Nonproductive work time"
means time for
				  which an employee is paid but which is not specifically attributable either to
				  utility or to nonutility operations.
"Positive time reporting"
means when
				  productive work time is accounted for and allocated to utility operations or
				  nonutility operations.
"Study time reporting"
means when periodic
				  studies are done to determine the amount of productive work time being spent on
				  utility versus nonutility operations.
"Utility operating revenues"
means the
				  dollar amounts recorded in FERC account 400, or similar NARUC account, for
				  water, sanitary sewage, or storm water drainage service
				  utilities.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 33 - Nonutility Services-recordkeeping and Cost Allocations › Rule 199-33.3 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Separate records.
A rate-regulated public utility receiving
				revenues for providing nonutility service shall keep and render to the
				commission separate records on the nonutility service.
(2)
Records to be
				maintained.
The records maintained for each nonutility service and
				made available for inspection include the following: documents depicting
				accounts payable and vouchers; purchase orders; time sheets; journal entries;
				source and supporting documents for all transactions; a description of methods
				used to allocate revenues, expenses, and investments between utility and
				nonutility operations, including supporting detail; and copies of all filings
				required by other state and federal agencies.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 33 - Nonutility Services-recordkeeping and Cost Allocations › Rule 199-33.4 - Costing Methodology

Current through Register Vol. 47, No. 3, July 24, 2024
Costs shall be allocated between utility and nonutility
				  operations using fully distributed cost consistent with this rule. The utility
				  shall do the following:
(1)
Cost causation for utility assets.
Identify for each asset
				utilized directly or indirectly, in whole or in part, in the provision of
				nonutility services:
a. The type of
				asset;
b. The use of the
				asset;
c. The proportional
				utilization of the asset between utility operations and nonutility operations;
				and
d. The characteristics of the
				asset that allow proper allocation.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 33 - Nonutility Services-recordkeeping and Cost Allocations › Rule 199-33.6 - Standards for Costing Service Transfers Within a Regulated Subsidiary or Utility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Nonutility service provided to regulated subsidiary or
				utility.
The utility or its regulated subsidiary shall pay for a
				nonutility service provided to it by an affiliate at the price actually charged
				to nonaffiliates. If no such price is available, the service is to be priced at
				the lower of fully distributed cost, the price actually charged to affiliates,
				or the market price for comparable services.
(2)
Service provided by the utility
				to nonutility operations.
A utility that provides utility service to a
				nonutility affiliate is to charge such affiliate the tariffed price or, if a
				tariffed price is not available, the fully distributed cost of the
				service.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 33 - Nonutility Services-recordkeeping and Cost Allocations › Rule 199-33.7 - Standards for Costing Asset Transfers Within a Regulated Subsidiary or Utility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If an asset that
				is a direct cost of nonutility operations becomes a cost of utility operations,
				the asset shall be transferred or allocated to utility operations at the lesser
				of net book value, the price actually charged to affiliates or nonaffiliates,
				or the market price of comparable assets.
(2) If an asset that is a direct cost of
				utility operations becomes a cost of nonutility operations, the asset shall be
				transferred or allocated to the nonutility operations at the greater of net
				book value, the price actually charged to affiliates or nonaffiliates, or the
				market price of comparable assets.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 34 - Nonutility Service › Rule 199-34.1 - Statement of Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
A public utility that engages in a systematic marketing
				  effort, other than on an incidental or casual basis, to promote the
				  availability of a nonutility service from the public utility shall allow
				  competitors access to certain services.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 34 - Nonutility Service › Rule 199-34.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Engaged primarily in providing the same competitive
				  nonutility services in the area"
means that a person, on an ongoing
				  basis, sells or leases equipment or products or offers services, accounting for
				  at least 60 percent of the person's gross business revenue, that are
				  functionally interchangeable with and considered similar by the public to the
				  nonutility service provided by a public utility in the same identifiable
				  geographic area where the public utility provides utility service.
"Systematic marketing effort, other than on an
				  incidental or casual basis"
means an effort determined by the
				  commission to be recurring, active in nature, and done on a comprehensive
				  basis. Factors to be considered include but are not limited to the types and
				  number of media used; the frequency, extent, and duration of the marketing
				  effort; the amount of marketing expenses incurred; and whether the public
				  utility appeared to intend to significantly increase its market
				  share.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 34 - Nonutility Service › Rule 199-34.3 - Charges Permitted

Current through Register Vol. 47, No. 3, July 24, 2024
A person meeting the definition of "engaged primarily in
				  providing the same competitive nonutility services in the area" in rule
				  199-34.2 (476) may use, to the
				  same extent utilized by the public utility for its nonutility service in
				  connection with nonutility services, the customer lists, billing and collection
				  system, and mailing system of the public utility company engaged in a
				  systematic marketing effort, other than on an incidental or casual basis. The
				  person shall be charged for the cost or expense incurred by the public utility
				  in providing access to its systems and its lists, and the cost or expense will
				  not be greater than the charge, fee, or cost imposed upon or allocated to the
				  provision of nonutility service by the utility for the similar use of the
				  systems.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 34 - Nonutility Service › Rule 199-34.4 - Procedures for Utilization of Billing and Collection System

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When a person
				meeting the definition of "engaged primarily in providing the same competitive
				nonutility services in the area" in rule
				199-34.2 (476) uses the billing
				and collection system of a public utility, the public utility shall promptly
				remit to that person all funds collected by the public utility on behalf of the
				person.
(2) Where a customer makes
				a partial payment and owes both a public utility and a person(s) meeting the
				definition of "engaged primarily in providing the same competitive nonutility
				services in the area" in rule
				199-34.2 (476) for services or
				goods provided, the payment received is allocated first to the regulated
				utility bill, plus tax, unless otherwise allocated by the customer. Any balance
				remaining after payment of the utility bill, plus tax, is allocated between the
				public utility for any unpaid nonutility services and any other person(s)
				utilizing the utility's billing system, according to the ratio of the amount
				billed by each, unless otherwise allocated by the customer. A public utility
				shall not disconnect a customer's utility service for nonpayment of a bill for
				nonutility services.
A person shall not use a public utility's billing and
				  collection system to bill and receive payments only from customers who are
				  habitually delinquent or who have failed or refused to make payment to the
				  person.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 35 - Energy Efficiency and Demand Response Planning and Reporting for Natural Gas and Electric Utilities Required to Be Rate-regulated › Rule 199-35.1 - Authority and Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
These rules are intended to implement Iowa Code sections
				  476.6(13) and 476.6(15) 
				  relating to the energy efficiency and demand response plans and reports filed
				  by the natural gas and electric utilities required by statute to be
				  rate-regulated. The purpose of these rules is to establish requirements for
				  energy efficiency and demand response plans, modifications, prudence reviews,
				  and cost-recovery tariffs.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 35 - Energy Efficiency and Demand Response Planning and Reporting for Natural Gas and Electric Utilities Required to Be Rate-regulated › Rule 199-35.4 - Assessment of Potential and Collaboration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Assessment of potential.
The utility shall conduct an assessment of potential study to determine the
				cost-effective energy and capacity savings available from actual and projected
				customer usage by applying commercially available technology and improved
				operating practices to energy-using equipment and buildings. The utility's
				assessment shall address the potential energy and capacity savings in each of
				ten years subsequent to the year the assessment is filed. Economic and impact
				analyses of measures shall address benefits and costs over the entire estimated
				useful lives of energy efficiency measures.
(2)
Collaboration.
A utility
				shall offer interested persons the opportunity to participate in the
				development of its energy efficiency and demand response plans. At a minimum, a
				utility shall provide the opportunity for interested persons to offer
				suggestions for programs and for the assessment of potential and to review and
				comment on a draft of the assessment of potential and energy efficiency and
				demand response plans proposed to be submitted by the utility. The utility may
				analyze proposals from participants to help determine the effects of the
				proposals on its plan. A participant shall have the responsibility to provide
				sufficient supporting information to enable the utility to analyze the
				participant's proposal. The opportunity to participate shall commence at least
				180 days prior to the date the utility submits its energy efficiency and demand
				response plans and assessment of potential to the commission.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 35 - Energy Efficiency and Demand Response Planning and Reporting for Natural Gas and Electric Utilities Required to Be Rate-regulated › Rule 199-35.6 - Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				commission shall conduct a contested case proceeding for the purpose of
				developing specific capacity and energy savings performance standards for each
				utility required to be rate-regulated and reviewing energy efficiency and
				demand response plans and budgets designed to achieve those savings.
(2) Within 30 days after filing, each
				application for approval of an energy efficiency and demand response plan that
				is submitted with the information and supporting documentation required by this
				chapter, and complies with the filing requirements of 199-Chapter 14, shall be
				docketed as a contested case proceeding. The Iowa economic development
				authority shall be considered a party to the proceeding. The proceeding shall
				follow the applicable provisions of 199-Chapter 7.
(3) The commission shall not require or allow
				a natural gas utility to adopt an energy efficiency plan that results in
				projected cumulative average annual costs that exceed 1.5 percent of the
				natural gas utility's expected annual Iowa retail rate revenue, shall not
				require or allow an electric utility to adopt an energy efficiency plan that
				results in projected cumulative average annual costs that exceed 2 percent of
				the electric utility's expected annual Iowa retail rate revenue, and shall not
				require or allow an electric utility to adopt a demand response plan that
				results in projected cumulative average annual costs that exceed 2 percent of
				the electric utility's expected annual Iowa retail rate revenue. With the
				filing of its application for approval of its energy efficiency plan, each
				utility shall provide, for the commission's review, a calculation of the
				percent of the utility's expected annual Iowa retail rate revenue, which the
				utility shall determine by dividing the total projected budget for the
				five-year plan by the total projected Iowa retail rate revenues for the
				five-year plan period. The calculation of a utility's percent of Iowa retail
				rate revenue may be subject to confidential treatment under Iowa Code chapters
				22 and 550 upon request of the utility and as determined by the commission
				based on the commission's review of such request.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 35 - Energy Efficiency and Demand Response Planning and Reporting for Natural Gas and Electric Utilities Required to Be Rate-regulated › Rule 199-35.8 - Annual Reporting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Each utility shall file by May 1 of each year an energy
				  efficiency annual report which shall include the utility's energy efficiency
				  and demand response spending compared to the approved budgets, actual demand
				  and energy savings compared to the performance standards approved by the
				  commission, cost-effectiveness results for the prior calendar year, the results
				  of any monitoring and verification activities, any additional information
				  pertinent to the implementation or performance of the energy efficiency or
				  demand response plan for the previous calendar year such as changes in outside
				  firms used to implement energy efficiency programs, updates on pilot projects,
				  and other information as required by commission order.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 35 - Energy Efficiency and Demand Response Planning and Reporting for Natural Gas and Electric Utilities Required to Be Rate-regulated › Rule 199-35.9 - Energy Efficiency and Demand Response Cost Recovery

Current through Register Vol. 47, No. 3, July 24, 2024
Each utility shall be allowed to recover the authorized
				  energy efficiency and demand response plan expenditures adjusted for any
				  overcollections or undercollections calculated on an annual basis. The utility
				  may propose to recover the portion of the costs of process-oriented industrial
				  assessments related to energy efficiency.
(1)
Accounting for costs.
Each utility shall maintain accounting plans and procedures to account for all
				energy efficiency and demand response costs.
a. Each utility shall maintain a subaccount
				system, work order system, or accounting system which identifies individual
				costs by each program.
b. Each
				utility shall maintain accurate employee, equipment, material, and other
				records which identify all amounts related to each individual energy efficiency
				or demand response program.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 35 - Energy Efficiency and Demand Response Planning and Reporting for Natural Gas and Electric Utilities Required to Be Rate-regulated › Rule 199-35.10 - Modification of an Approved Plan

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				An approved energy efficiency plan or an approved demand response plan and
				associated budget may be modified if the modification is approved by the
				commission.
a. Electric utilities may request
				a modification to an approved energy efficiency plan due to changes in the
				funding as a result of customers requesting exemptions from the electric energy
				efficiency plan.
b. Natural gas and
				electric utilities may request modification of an approved energy efficiency
				plan, or electric utilities may request modification of an approved demand
				response plan, for any reason.
c.
				The commission, on its own motion, may consider modification of the energy
				efficiency or demand response plan and budget.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 35 - Energy Efficiency and Demand Response Planning and Reporting for Natural Gas and Electric Utilities Required to Be Rate-regulated › Rule 199-35.11 - Prudence Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				commission shall periodically conduct a contested case proceeding to evaluate
				the reasonableness and prudence of the utility's implementation of energy
				efficiency and demand response plans and budgets. The prudence review shall be
				based upon the information filed by a utility in the annual report required by
				rule 199-35.8 (476), or based on discovery conducted in review of the annual
				reports.
(2) The consumer advocate
				or another person may request the commission to conduct a prudence review based
				upon the information filed by a utility in the annual report required by rule
				199-35.8(476), or based on discovery conducted in review of the annual reports.
				The request to initiate the prudence review shall identify specific issues to
				be evaluated and may include a proposed procedural schedule.
(3) The commission shall determine whether a
				contested case proceeding is necessary to address the issues raised in a
				request for a prudence review.
(4)
				Disallowance of past costs. If the commission finds the utility did not take
				all reasonable and prudent actions to cost-effectively implement its energy
				efficiency or demand response programs, the commission shall determine the
				amount in excess of those costs that would have been incurred under reasonable
				and prudent implementation. That amount shall be deducted from the next
				EECR/DRCR factors calculated pursuant to subrule 35.9(3) until the disallowed
				costs have been satisfied.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 35 - Energy Efficiency and Demand Response Planning and Reporting for Natural Gas and Electric Utilities Required to Be Rate-regulated › Rule 199-35.12 - New Structure Energy Conservation Standards

Current through Register Vol. 47, No. 3, July 24, 2024
A utility providing natural gas or electric service shall
				  not provide service to any structure completed after April 1, 1984, unless the
				  owner or builder of the structure has certified to the utility that the
				  building conforms to the energy conservation requirements adopted under
				  661-Chapter 303. If this compliance is already being certified to a state or
				  local agency, a copy of that certification shall be provided to the utility. If
				  no state or local agency is monitoring compliance with these energy
				  conservation standards, the owner or builder shall certify that the structure
				  complies with the standards by signing a form provided by the utility. No
				  certification will be required for structures that are not governed by
				  661-Chapter 303.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 37 - Equipment Distribution Program › Rule 199-37.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter describes the commission's program established
				  pursuant to Iowa Code section 477C.4 to secure, finance, and distribute
				  telecommunications devices. The commission's equipment distribution program
				  serves eligible individuals who are deaf or hard-of-hearing or who have
				  difficulty with speech.
The equipment distribution program will be limited by revenue
				  considerations and annual budget amounts set by the commission, with the advice
				  of the dual party relay council established in Iowa Code section 477C.5. Before
				  submitting a proposed annual budget to the commission, the commission's
				  equipment distribution program project manager shall provide the council with
				  the proposed budget for the council's review and discussion at a council
				  meeting. The project manager will advise the commission of any council
				  recommendations regarding the proposed budget. When the budgeted amounts for a
				  period are committed or expended, no further vouchers for equipment will be
				  issued until the next period when the commission budgets additional
				  amounts.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 37 - Equipment Distribution Program › Rule 199-37.2 - Program Structure

Current through Register Vol. 47, No. 3, July 24, 2024
The equipment distribution program will be conducted by a
				  program administrator chosen by the commission. Distribution of equipment will
				  be made through a voucher system utilizing private vendors for equipment
				  purchases. Vouchers to pay part or, depending upon the price, all of the cost
				  of equipment will be issued by the program administrator to eligible
				  recipients. After purchase using a voucher, the recipient will be the permanent
				  owner of the equipment and responsible for enforcement of any warranties and
				  for any repairs.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 37 - Equipment Distribution Program › Rule 199-37.4 - Application Process and Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
Applications will be processed in queue as determined by the
				  program administrator. No person will be entitled to equipment at a particular
				  time merely because that person meets the eligibility requirements. Additional
				  vouchers will not be issued during a period if unpaid vouchers are outstanding
				  for the remaining funds budgeted for the period. To be eligible to receive a
				  voucher for equipment under the program, a person must satisfy the following
				  requirements. By signing the application form or otherwise averring to the
				  accuracy of the information contained in the application, an applicant or the
				  applicant's power of attorney certifies that the information provided therein
				  is true.
(1) Verification of need with
				initial application. An applicant's initial application shall include
				verification of the applicant's need for the equipment. The verification shall
				be made by an appropriate professional, including but not limited to a licensed
				physician; certified teacher in the fields of hearing, speech, or visual
				impairment; licensed and certified sign language interpreter; speech
				pathologist; audiologist or hearing aid specialist; or an appropriate state or
				federal agency representative.
(2)
				The applicant must have, or have applied for, access to the service which will
				allow the applicant to use the requested equipment. Access to Internet service
				may be provided through a public WiFi connection.
(3) The applicant must be an individual and
				an Iowa resident.
(4) The applicant
				must be at least five years of age or demonstrate an ability to use the
				equipment requested. No demonstration is required for those five years of age
				and older.
(5) An applicant must
				agree to cooperate with studies to evaluate the effectiveness of the
				program.
(6) An applicant's gross
				annual family income must be equal to or less than $76,000 for a family of two.
				Family sizes above or below two will increase or decrease that amount in
				$10,000 increments per family member change.
(7) The applicant will be limited to a
				voucher for one type of equipment or equipment package.
(8) Reapplication. Prior voucher recipients
				may reapply through the program to replace existing equipment or to obtain new
				equipment, as appropriate. Reapplication will be limited by a three-year
				waiting period. The reapplication period may be shortened by the commission's
				equipment distribution program project manager in an individual case for good
				cause shown. At the time of reapplication for equipment, it is not necessary
				for the applicant's need for the equipment to be reverified by an appropriate
				professional. The program administrator shall verify that the applicant
				reapplying for equipment previously qualified for and continues to qualify for
				a voucher.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 37 - Equipment Distribution Program › Rule 199-37.5 - Voucher System

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Amount.
The voucher will state a standard amount for a
				particular piece of equipment.
a. The standard
				amount shall be determined and updated periodically by the program
				administrator.
b. The standard
				amount shall be 95 percent of the average retail market price for the piece of
				equipment, unless the retail market price is more than $1,000, in which case
				the standard amount shall be 99 percent of the average retail market price. The
				standard amount may be increased to 100 percent if a person demonstrates to the
				program administrator that the person is unable to pay the matching
				amount.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 37 - Equipment Distribution Program › Rule 199-37.6 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
All complaints concerning the equipment distribution program
				  will be resolved pursuant to the following:
(1) The program administrator will make
				determinations concerning matters such as eligibility, type of equipment for
				particular applicants, or reimbursement of vendors.
(2) The program administrator, after
				requiring interested persons to state verbally or in writing any complaint or
				dispute arising under the equipment distribution program, shall attempt to
				settle the matter informally within 45 days.
(3) Should the informal dispute resolution
				process fail, the complainant may submit the complaint to the commission for
				processing by the commission's equipment distribution program project manager
				as provided in 199-Chapter 6. The project manager will provide a copy of the
				complaint to the program administrator and the consumer advocate. The project
				manager will issue a proposed resolution that describes the facts involved in
				the dispute, clearly states the proposed resolution, and gives notice that any
				interested person dissatisfied with the proposed resolution has 14 days after
				the proposed resolution is issued to file a written request for formal
				complaint proceedings before the commission.
(4) If no timely request for formal complaint
				proceedings is filed, the proposed resolution shall be deemed binding on all
				interested persons served with the proposed resolution.
(5) The commission will process requests for
				formal complaint proceedings as provided in rule 199-6.5 (476).
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 38 - Local Exchange Competition › Rule 199-38.1 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application and purpose of rules.
This chapter applies to
				local utilities. The purpose of these rules is to further the development of
				competition in the local exchange services market.
(2)
Definitions.
For the
				administration and interpretation of this chapter, the following words and
				terms shall have the meaning indicated below, unless the context otherwise
				requires:
"Act"
means the Telecommunications Act of
				  1996.
"Arbitration"
means the investigative
				  process whereby a dispute is submitted to the commission for resolution.
"Bona fide request"
means a request to a
				  local utility that demonstrates a good faith showing that the requesting party
				  intends to purchase the services requested within six months of the date of the
				  request.
"Competitive local exchange service
				  provider"
means any person, including a municipal utility, that
				  provides local exchange services, other than a local exchange carrier or a
				  non-rate-regulated wireline provider of local exchange services under an
				  authorized certificate of public convenience and necessity within a specific
				  geographic area described in maps filed with and approved by the commission as
				  of September 30, 1992.
"Local exchange carrier"
means any person
				  that was the incumbent and historical rate-regulated wireline provider of local
				  exchange services or any successor to such person that provides local exchange
				  services under an authorized certificate of public convenience and necessity
				  within a specific geographic area described in maps filed with and approved by
				  the commission as of September 30, 1992.
"Local utility"
means any entity that
				  provides wireline local exchange services, including local exchange carriers,
				  competitive local exchange service providers, and other non-rate-regulated
				  wireline providers of local exchange services.
"Mediation"
means the process in which a
				  neutral party assists the parties in reaching their own settlement but does not
				  have the authority to make a binding decision.
"Total service long-run incremental cost"
for a service, or group of services, is equal to the utility's total cost of
				  producing all of its services including the service or group of services in
				  question, minus the utility's total cost of producing all of its services
				  excluding the service or group of services in question.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 38 - Local Exchange Competition › Rule 199-38.3 - Interconnection Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
A local utility that originates local telecommunications
				  traffic and desires to terminate that traffic on the network of another local
				  utility may choose the point(s) of interconnection between the two networks for
				  the exchange of that originating local telecommunications traffic at any
				  technically feasible point within the terminating carrier's network.
				  Interconnection must be equal in quality to that provided by the local utility
				  to itself, any affiliate, or any other party to which the local utility
				  provides interconnection. Interconnection must be on rates, terms, and
				  conditions that are just, reasonable, and nondiscriminatory.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 38 - Local Exchange Competition › Rule 199-38.4 - Unbundled Facilities, Services, Features, Functions, and Capabilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Tariff
				filings.
a.
Filing
				schedule.
Each local exchange carrier shall file tariffs implementing
				unbundling for the facilities enumerated in paragraph
				38.4(1)
"b."
The obligation to file a tariff shall not apply to
				a rural telephone company until the conditions specified in  47 U.S.C. Section 251(f)(1)  have been met.
b.
List of unbundled essential facilities.
Each local exchange
				carrier's tariff filing shall, at a minimum, unbundle the following essential
				facilities, services, features, functions, and capabilities: loops, ports,
				signaling links, signal transfer points, facilities to interconnect unbundled
				links at the central office, interoffice transmission facilities, listings in
				the directory assistance database, inbound operator services including
				busy-line verification and call interrupt, interconnection to the 911 system,
				and interconnection to the tandem switch for routing to other
				carriers.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 38 - Local Exchange Competition › Rule 199-38.5 - Cost Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Incremental cost standard.
In general, each local exchange
				carrier shall price each of its services above the total service long-run
				incremental cost of providing each service.
(2)
Competitive local exchange
				service providers.
Cost support will generally not be required for the
				tariff filings from competitive local exchange service providers.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 38 - Local Exchange Competition › Rule 199-38.6 - Terminating Access Charge Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
No local utility shall deliver traffic to another local
				  utility as local service or extended area service terminating traffic if the
				  terminating traffic is long distance or some other type of traffic for which
				  terminating switched access charges would otherwise have been payable. Any
				  local utility may bring a complaint to the commission if another local utility
				  has violated this requirement or taken insufficient measures to determine
				  whether switched access charges would otherwise have been payable. The
				  commission may order payment or refund of compensation withheld from or
				  received by a local utility in violation of this rule, with appropriate
				  interest or tariffed late payment penalties.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 38 - Local Exchange Competition › Rule 199-38.7 - Mediation and Arbitration

Current through Register Vol. 47, No. 3, July 24, 2024
This rule shall apply to all local utilities, except for
				  rural telephone companies as defined in Section 3(47) of the Telecommunications
				  Act of 1996. The commission may make all or part of this rule applicable to a
				  rural telephone company or companies in proceedings relating to Section 251(f)
				  of the Act.
(1)
Voluntary
				negotiations.
a.
Initiation
				of negotiations.
A telecommunications carrier initiates the
				negotiation process by requesting interconnection, services, or network
				elements as defined in the Act from an incumbent local utility pursuant to
				Section 252(a)(1) of the Act. The day the request is received by the local
				utility is day one of the schedule set for resolution of all issues. Within
				five days of receipt of the request, the local utility shall file with the
				commission using the commission's electronic filing system a copy of the
				request and a statement of the date the request was received.
b.
Duty to negotiate.
The
				requesting telecommunications carrier and the local utility have the obligation
				to negotiate in good faith the terms and conditions for the provision of the
				requested interconnection, services, or network elements. Good faith
				negotiations require that the parties meet and confer at reasonable times and
				places, remain open to the arguments and proposals, and work toward the goal of
				reaching agreement on terms and conditions for the requested interconnections
				and services. Refusal of any party to give information about its costs or other
				pertinent data upon request of another party may be considered by the
				commission as a failure to negotiate in good faith.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 39 - Universal Service › Rule 199-39.1 - Authority and Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
These rules relate to the commission's designation of
				  telecommunications carriers as eligible to receive support from the federal
				  universal service fund and are prescribed by the commission pursuant to Iowa
				  Code sections 17A.4, 476.2, 476.15 and 476.102 and  47 U.S.C. §§
										214(e) and 254. These rules are intended to preserve and advance universal
				  service by implementing the commission's authority to designate eligible
				  telecommunications carriers (ETCs). These rules establish procedures for
				  applying for designation as an eligible telecommunications carrier and for
				  relinquishing such designation; adopt service requirements for eligible
				  telecommunications carriers; and establish state certification and reporting
				  requirements consistent with federal requirements.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 39 - Universal Service › Rule 199-39.4 - Lifeline-only Applicants

Current through Register Vol. 47, No. 3, July 24, 2024
Where an applicant is seeking designation only for purposes
				  of receiving support from the Lifeline program, the following requirements
				  apply in addition to those specified in
				  199-39.3
				  (476):
(1)
Approved compliance
				plan required.
The applicant shall submit a copy of a compliance plan
				submitted to the Federal Communications Commission and a copy of the
				Commission's notice of approval.
(2)
Terms and conditions of voice
				telephony service offered to Lifeline subscribers.
The applicant shall
				submit information describing the terms and conditions of any voice telephony
				service plans offered to Lifeline subscribers, including details on the number
				of minutes provided as part of the plan, additional charges, if any, for toll
				calls, and rates for such plan. To the extent the applicant offers to Lifeline
				subscribers plans that are generally available to the public, the applicant may
				provide summary information regarding such plans, such as a link to a public
				Web site outlining the terms and conditions of such plans.
(3)
Demonstration of financial and
				technical capability to provide supported services.
The applicant
				shall demonstrate that it is financially and technically capable of providing
				the supported Lifeline service in compliance with 47 CFR Subchapter B, Part 54,
				Subpart E, as required by 47 CFR § 54.201(h). Relevant considerations
				include, but are not limited to, how long the carrier has been in business,
				whether the applicant intends to rely exclusively on universal service fund
				disbursements to operate, whether the applicant receives or will receive
				revenue from other sources, and whether the applicant has been subject to
				enforcement action or ETC revocation proceedings in any state.