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2012 PSC Annual Report - Missouri Public Service Commission

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REGULATORY ACTIVITYprogram. Although state commissions continue to havesome discretion in the administration of the Lifelineprogram, all states must now require Lifeline applicants tosubmit proof of eligibility.In <strong>Missouri</strong>, the <strong>Commission</strong> has long required programparticipants to show proof of eligibility when applying tothe program. The FCC also now requires a company toannually recertify the continued eligibility of all Lifelinesubscribers. The FCC’s reforms required the <strong>Missouri</strong><strong>Commission</strong> to allow applicants to qualify for the Lifelineprogram based on the eligibility criteria of 135% of thefederal poverty level.The FCC also established a duplicate database designedto identify Lifeline customers receiving more than oneLifeline benefit per household. As of July <strong>2012</strong>, there wereapproximately 250,000 <strong>Missouri</strong> subscribers to the Lifelineprogram, approximately 200,000 of those are wirelessLifeline subscribers.State commissions such as the <strong>Missouri</strong> <strong>Commission</strong> areexpected to continue to help the FCC in administering theseprograms. The FCC continues to rely on state commissionsto determine if a company should be allowed to drawsupport from the federal USF. For example, in order toqualify for certain federal USF support, a company mustmeet certain state and federal criteria establishing thecompany as an eligible telecommunications carrier (ETC).ETCs receiving high-cost federal USF support must also beannually certified by a state regulatory commission. Suchannual certification is intended to ensure that companies areappropriately using the funding. In <strong>Missouri</strong>, 46 companies(40 incumbent local telephone companies, three wirelinecompetitive local exchange companies and three wirelesscompanies) currently go through the annual certificationprocess in order to continue to receive high-cost federalUSF support. During the past year, several companiesreceived ETC status in order to receive federal USF fundingfor Lifeline programs only.Relay <strong>Missouri</strong>: The <strong>Commission</strong> oversees the Relay<strong>Missouri</strong> service pursuant to Section 209.253 RSMo. Relay<strong>Missouri</strong> is a statewide system using third party interventionto connect deaf, hearing-impaired and speech-impairedindividuals with the telephone system.A Relay <strong>Missouri</strong> fund is used to provide funding for thisservice. The Relay <strong>Missouri</strong> fund is also used to fund anequipment distribution program which is administered bythe <strong>Missouri</strong> Assistive Technology Council. Relay <strong>Missouri</strong>is currently funded by a $.11 surcharge applied to basiclocal telecommunications line service. The surcharge levelis periodically reviewed by the <strong>Commission</strong> according torequirements established by <strong>Missouri</strong> statutes.Administrators. This subcommittee meets periodically todiscuss issues relevant to states with a state USF.The <strong>Commission</strong> also continues to actively participatein a number of telecommunications issues before theFCC.Wholesale DisputesOn November 5, 2010, Nexus Communications, Inc(Nexus) filed a complaint Case No. TC-2-32 seekingto recover back promotional credits from Southwestern BellTelephone Company d/b/a AT&T <strong>Missouri</strong> (AT&T). Thecomplaint involved offering retail services at wholesalerates. The <strong>Commission</strong> staff’s seventh status reportwas filed on September 4, <strong>2012</strong>, which indicated AT&Tand Nexus continue to engage in discussions over theirdifferences.On October 19, 2011, a case was opened (Case No. TW-22-2 to serve as a repository for documents andcomments associated with an investigation into call routingand call completion problems in <strong>Missouri</strong>.On November 7, 2011, the <strong>Commission</strong> staff conducteda workshop in which industry participants came together todiscuss concerns first raised by small rural local exchangecarriers in <strong>Missouri</strong>. Staff filed its initial investigative reporton January 6, <strong>2012</strong> and another report on August 10,<strong>2012</strong>. Staff met with representatives of the small telephonecompanies on August 4, <strong>2012</strong>, and continues to work withindustry representatives and to evaluate the results ofnetwork reliability testing.On April 3, <strong>2012</strong>, a case (Case No. TC-22-33 wasbrought before the <strong>Commission</strong> due to allegations thatHalo Wireless, Inc. was violating provisions of <strong>Missouri</strong>’sEnhanced Record Exchange (ERE) Rule.Most prominently, Halo was accused of deliveringlandline-originated traffic and of refusing to paycompensation for the traffic. Based on the allegations,certain local telephone companies commenced to blockHalo’s traffic whereupon Halo filed a formal complaint tostop the blocking activities.Federal Telecom Activity<strong>Commission</strong> members and staff are active in several nationalorganizations that respond to national telecommunicationspolicy. Natelle Dietrich of the <strong>Commission</strong> staff is a staffmember of the federal/state Universal <strong>Service</strong> Joint Board.The Universal <strong>Service</strong> Board makes recommendationsto the FCC on issues related to promoting universaltelecommunications service throughout the United States.<strong>Commission</strong> staff Policy Analyst Dana Parish has beenappointed to the NARUC subcommittee of State USF22 <strong>PSC</strong> <strong>Annual</strong> <strong>Report</strong>

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