Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-123 - Universal service › Section 480-123-120 - Eligibility and distributions from the program

Current through Register Vol. 24-14, July 15, 2024
The commission will authorize distributions from the program on
				an annual basis. Each eligible provider will receive a single distribution for
				the year after January 1st of each year of eligibility, except as otherwise
				authorized by the commission.
(1)
Eligibility determination.
A wireline communications provider that
			 complies with the requirements in WAC
			 480-123-110
			 is eligible to receive distributions from the program . The commission will
			 make a final eligibility determination in its order granting or denying a
			 provider's petition to receive program support. The eligibility criterion that
			 a provider elects will be used in analyzing the provider's plan to provide,
			 maintain, or enhance broadband services in its service area. The commission
			 will consider the information filed by the provider in accordance with WAC
			 480-123-110.
(2)
Calculation of support
			 amount.
The amount that a wireline communications provider eligible to
			 receive support from the program may receive in a calendar year shall be no
			 greater than its pro rata share of the cumulative reduction in support from the
			 Connect America Fund Inter-carrier Compensation incurred by the provider, up
			 through and including the fiscal year ending June 30, 2020. A provider that
			 seeks a distribution under eligibility criteria two, three, or four will
			 receive support based on their broadband plan and other applicable eligibility
			 requirements. For distribution under eligibility criterion one, the commission
			 will distribute fifty percent of a provider's pro rata share of program support
			 if the provider does not exceed a reasonable rate-of-return threshold
			 applicable to the provider's circumstances and will distribute the remaining
			 fifty percent if the provider commits and demonstrates progress in deploying
			 broadband in accordance with the commission's deployment plan. A company's pro
			 rata share of available funds is calculated after commission expenses.
(3)
Distribution to wireless
			 communications providers.
The advisory board will make a recommendation
			 to the commission on eligibility and distribution calculations for any wireless
			 communications provider that seeks support from the program, and the commission
			 will determine that provider's eligibility and the amount of support, if any,
			 the provider may receive consistent with
			 RCW
			 80.36.650 and commission rules.
(4)
Distribution to other
			 communications providers.
The advisory board will make a recommendation
			 to the commission on eligibility and distribution calculations for any other
			 communications provider that seeks support from the program, and the commission
			 will determine that provider's eligibility and the amount of support, if any,
			 the provider may receive consistent with
			 RCW
			 80.36.650 and commission rules.
(5)
Broadband commitment.
To
			 receive support from the program, a communications provider must commit to
			 deploying broadband to at least those locations comprising the broadband
			 deployment obligation determined by the commission. Such deployment obligation
			 is in addition to any Federal Communications Commission deployment
			 requirements.
(6)
Total
			 requests in excess of available funds.
If the total requests for support
			 for a calendar year exceed the program funds available for that year, the
			 commission will distribute the available funds to eligible carriers on a pro
			 rata basis. If there is a pro rata reduction or increase in support, the
			 company's broadband buildout obligation will be adjusted proportionately. The
			 commission may seek a recommendation from the advisory board on the best pro
			 rata distribution methodology to use.
(7)
Commission determination.
The commission will consider petitions from companies seeking support from the
			 program and will make the necessary eligibility and distribution determinations
			 in response to those petitions prior to January 1st of the calendar year in
			 which funds from the program will be distributed.