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126.03.24-3. Administration of the Fund.

AR ADC 126.03.24-3Arkansas Administrative Code

West's Arkansas Administrative Code
Title 126. Public Service Commission
Division 03. Utilities Division
Rule 24. High Cost Fund Rules
Ark. Admin. Code 126.03.24-3
126.03.24-3. Administration of the Fund.
Currentness
Rule 3.01. Appointment of the Fund Administrator
A. The Commission shall appoint an AHCF Administrator. The Administrator must:
(1) Be neutral and impartial;
(2) Not be aligned or associated with any particular telecommunications industry segment;
(3) Not have a direct financial interest in the support mechanisms established by the Commission.
B. The AHCF Administrator shall act under the supervision of the Commission, in order to administer the AHCF in accordance with Act 385 of 2007 and the AHCF rules and procedures approved by the Commission. The Administrator is authorized to enforce and implement applicable rules and orders of the Commission.
C. The Administrator shall serve at the discretion of the Commission for a term determined by the Commission. The Commission may discharge the Administrator before the expiration of the Administrators term for good cause.
Rule 3.02. Duties of the Administrator
A. The Administrator's general duties shall include:
(I) Collecting and receiving monies paid into the AHCF;
(2) Providing High Cost Funds from the AHCF to participating ETCs;
(3) Determining the sufficiency of the fund and making adjustments to the AHCF assessment level, as required, to assure such sufficiency;
(4) Managing the daily operations and affairs of the AHCF;
(5) Conducting periodic audits of contributors to the AHCF to ensure that the contributors are accurately reporting and making proper payments to the AHCF;
(6) Performing any periodic audits of the AHCF deemed necessary by the Administrator and/or the Commission;
(7) Resolving disputes;
(8) Reviewing all requests for high costs funding and determining the accuracy and appropriateness or any request;
(9) Establishing funding levels for each category of companies and each ETC within each category using the funding levels and formulas as set forth in Act 385 of 2007;
(10) Performing any other duties ordered by the Commission, including assisting in developing any funding proxies to be used by certain ETCs; and
(11) Developing any forms necessary for funding requests and procedures.
B. The Administrator is expressly authorized to bring actions before the Commission to enforce the provisions of the AHCF.
Rule 3.03. Audits of the Fund
The AHCF is subject to an annual audit by an independent certified public accountant selected by the Commission.
Rule 3.04. Resolution of Disputes Regarding Contributions
A. Any contributor may dispute the amount of contribution it is required to pay into the AHCF, in the following manner:
(I) The contributor may contact the Administrator of the AHCF and the Administrator shall have the initial responsibility for trying to resolve the dispute.
(2) If satisfactory resolution is not achieved, the contributor to the AHCF may file an application requesting the Commission resolve the dispute.
B. Pending final resolution of a dispute concerning the amount of the required contribution, the disputing telecommunications provider shall pay the entire amount to the AHCF.
Rule 3.05. Resolution of Other Disputes
A Any adversely affected party may dispute the actions of an eligible telecommunications carrier related to the provisioning of Universal Services. The adversely affected party may contact the Administrator of the AHCF and the Administrator shall have the initial responsibility for trying to resolve the dispute.
B. If satisfactory resolution is not achieved, the affected party may file an application requesting the Commission resolve the dispute.
Rule 3.06 Violations
A. Failure to pay an assessed contribution to the AHCF shall be deemed a violation of the AHCF Rules.
B. If the Commission determines, after notice and hearing, that a carrier bas acted in violation of these AHCF Rules, in addition to the other enforcement powers of the Commission, or its designee, shall bring an action on behalf of the AHCF in the appropriate court of competent jurisdiction, to recover any charge(s) the Commission determines are due and payable to the Fund.
(1) The Commission, or its designee, is authorized to bring the action on behalf of and to represent the AHCF to collect the overdue charge(s) and any costs incurred by the AHCF to pursue collection of said charges, including but not limited to interest, administrative and adjudicative costs and attorney fees.
(2) Upon collection of the charges and costs, the Administrator shall pay the costs associated with such collection action(s) and deposit any remaining funds into the AHCF.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 126.03.24-3, AR ADC 126.03.24-3
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