Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-123 - Universal service › Section 480-123-110 - Petitions for eligibility to receive program support

Current through Register Vol. 24-14, July 15, 2024
(1)
Wireline communications
			 providers.
A wireline communications provider that satisfies the
			 prerequisites in WAC
			 480-123-100 may petition the
			 commission to receive support from the program. The provider must petition the
			 commission each year to be eligible to receive support from the program the
			 following year. The petition must include the following information:
(a) The name of the legal entity that
			 provides communications services and is seeking program support;
(b) A corporate organization chart showing
			 the relationship between the legal entity identified in (a) of this subsection
			 and all affiliates as defined in
			 RCW
			 80.16.010 and a detailed description of any
			 transactions between the provider and those affiliates recorded in the
			 provider's operating accounts;
(c)
			 A service area map or detailed reference to any maps on file with the
			 commission showing the provider's Washington service area;
(d) The provider's broadband plan to provide,
			 maintain, or enhance broadband services in its service area should include the
			 following elements, to the extent applicable to the broadband plan:
(i) Multiyear investment plan;
(ii) Specific project(s) that are projected
			 to provide or enhance broadband services at speeds required by the commission
			 or the Federal Communications Commission. Project information will include an
			 estimated timeline, geographic location, number of locations passed, and upload
			 and download speeds;
(iii) A plan
			 for maintenance of broadband services in the provider's service area;
(iv) A description for how the provider will
			 enhance broadband services in its service area; and
(v) Any supporting information that the
			 commission requests to assist its review and analysis of the provider's
			 broadband plan.
(e) For
			 a provider that is seeking support under (j)(i) of this subsection, detailed
			 financial information and supporting documentation in a form prescribed by the
			 commission for the provider's total Washington regulated operations for the two
			 calendar years prior to the year in which the provider is filing the petition
			 including, but not limited to, the following:
(i) The provider's balance sheet and
			 statements of income and retained earnings or margin from, or in the same
			 format and detail required in, Rural Utilities Service (RUS) Form
			 479;
(ii) The provider's
			 consolidated audited financial statements; if the provider does not have
			 consolidated audited financial statements prepared in the normal course of its
			 business, the provider must submit financial statements reviewed by a certified
			 public accountant;
(iii)
			 Information demonstrating the provider's earned rate of return on a total
			 Washington unseparated regulated operations basis for each of the two prior
			 years;
(iv) Information
			 demonstrating the provider's earned return on equity on a total company
			 (regulated and nonregulated) Washington basis for each of the two prior
			 years;
(v) Information detailing
			 all of the provider's revenues from the statements of income and retained
			 earnings or margin section of RUS Form 479 for the two prior years; if the
			 provider does not submit RUS Form 479, the provider must file with the
			 commission the same revenue information specified in this subsection that is
			 required to complete the applicable portion of that form;
(vi) Information summarizing the amounts of
			 any corporate operations adjustments to existing high-cost loop and interstate
			 common line support mechanisms the Federal Communications Commission required
			 of the provider for the two prior years or a sworn statement by a company
			 officer certifying that no such adjustments apply to the provider;
			 and
(vii) Any additional supporting
			 information the commission requests to enable it to analyze the provider's
			 financial results for program purposes.
(f) An unsworn statement by a company officer
			 certifying that the company complies with state and federal accounting, cost
			 allocation, and cost adjustment rules pertaining to incumbent local exchange
			 carriers;
(g) Information detailing
			 the number of residential and business local exchange access lines and
			 broadband connections the provider or its affiliate served as of December 31st
			 for each of the prior two years, and the unbundled monthly basic rate(s) or
			 charge(s) applicable to each customer class;
(h) An unsworn statement by a company officer
			 certifying that if the provider receives program support it will continue to
			 provide communications services throughout its service territory in Washington
			 for which it is seeking and receives program support and the provider, or its
			 affiliate if appropriate, will continue to provide broadband services during
			 the entirety of the year in which the provider is applying for support from the
			 program;
(i) An unsworn statement
			 by a company officer certifying that the provider is in compliance with the
			 Federal Communications Commission's obligations for deployment of broadband at
			 speeds specified by the Federal Communications Commission that apply to the
			 provider; and
(j) Satisfaction of
			 at least one of the following eligibility criteria:
(i) Eligibility criterion one: An unsworn
			 statement by a company officer certifying that the provider commits to the
			 deployment of broadband to the number of locations the commission has
			 determined by order. Such deployment obligations are in addition to any Federal
			 Communications Commission deployment requirements. Additionally, a provider
			 that elects to petition the program for support under this category is subject
			 to review of its rate of return and financial reporting requirements as
			 described in (e) of this subsection.
(ii) Eligibility criterion two: An unsworn
			 statement by a company officer certifying that the provider commits to the
			 deployment of broadband to the number of locations the commission has
			 determined by order. Such deployment obligations are in addition to any Federal
			 Communications Commission deployment requirements.
(iii) Eligibility criterion three: An unsworn
			 statement by a company officer certifying that the provider has already met the
			 Federal Communications Commission's total deployment obligations associated
			 with federal high-cost program support as of the date of the petition and that
			 since January 1, 2018, the provider has deployed broadband to the number of
			 locations the commission has determined by order. If a company has deployed
			 broadband to a number of locations less than the number required by commission
			 order, the company certifies that it will deploy broadband to the remaining
			 number of locations.
(iv)
			 Eligibility criterion four: An unsworn statement by a company officer
			 certifying that broadband service is available to 100 percent of locations
			 within the provider's service area, and commits to making broadband service
			 available to any new locations.