Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
← All votes

Bill

Universal Service Fund Amendments
Number
S.B. 130 Fifth Substitute (2017GS)
Sponsor
Sen. Hinkins, D.
Final action
Governor Signed 3/25/2017
Outcome
Became law — signed by Gov. Gary R. Herbert

Summary

This bill amends provisions related to the Universal Public Telecommunications Service Support Fund.

What it does

  • This bill:
  • provides that a telecommunications provider that establishes and maintains a network capable of providing access lines, connections, or wholesale broadband Internet access service may qualify for payments from the Universal Public Telecommunications Service Support Fund for use in carrier of last resort areas;
  • requires each access line or connection provider in the state to contribute to the Universal Public Telecommunications Service Support Fund;
  • requires the Public Service Commission to develop a method for calculating the amount of each contribution charge assessed to an access line or connection provider;
  • combines a surcharge and funding for administering the hearing and speech impaired program with the Universal Public Telecommunications Service Support Fund and surcharge;
  • provides for a depreciation method and rate-of-return for a carrier of last resort that receives support from the Universal Public Telecommunications Service Support Fund;
  • provides that a wireless telecommunications provider is eligible for a distribution from the Universal Public Telecommunications Service Support Fund for providing lifeline service under certain circumstances; and
  • defines terms.

Every vote on this bill

2/9/2017Senate Comm - Substitute Recommendation from # 0 to # 1
Senate Transportation, Public Utilities, Energy, and Technology Committee
5 0 2not eligible / no record
2/9/2017Senate Comm - Favorable Recommendation
Senate Transportation, Public Utilities, Energy, and Technology Committee
6 0 1not eligible / no record
2/24/2017Senate/ passed 2nd reading
Senate 3rd Reading Calendar
24 0 5not eligible / no record
2/27/2017Senate/ substituted from # 1 to # 3
Senate 3rd Reading Calendar
Voice votenot eligible / no record
2/27/2017Senate/ passed 3rd reading
Clerk of the House
29 0 0not eligible / no record
3/1/2017House Comm - Substitute Recommendation from # 3 to # 4
House Public Utilities, Energy, and Technology Committee
9 0 2not eligible / no record
3/1/2017House Comm - Favorable Recommendation
House Public Utilities, Energy, and Technology Committee
9 0 2not eligible / no record
3/9/2017House/ substituted from # 4 to # 5
House 3rd Reading Calendar for Senate bills
Voice votenot eligible / no record
3/9/2017House/ passed 3rd reading
Senate Secretary
74 0 1YEA
3/9/2017Senate/ concurs with House amendment
House Speaker
26 0 3not eligible / no record

Bill text

enrolled version · official source
UNIVERSAL SERVICE FUND AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David P. Hinkins
House Sponsor: 
Francis D. Gibson
LONG TITLE
General Description:
This bill amends provisions related to the Universal Public Telecommunications
Service Support Fund.
Highlighted Provisions:
This bill:
▸ provides that a telecommunications provider that establishes and maintains a
network capable of providing access lines, connections, or wholesale broadband
Internet access service may qualify for payments from the Universal Public
Telecommunications Service Support Fund for use in carrier of last resort areas;
▸ requires each access line or connection provider in the state to contribute to the
Universal Public Telecommunications Service Support Fund;
▸ requires the Public Service Commission to develop a method for calculating the
amount of each contribution charge assessed to an access line or connection
provider;
▸ combines a surcharge and funding for administering the hearing and speech
impaired program with the Universal Public Telecommunications Service Support
Fund and surcharge;
▸ provides for a depreciation method and rate-of-return for a carrier of last resort that
receives support from the Universal Public Telecommunications Service Support
Fund;
▸ provides that a wireless telecommunications provider is eligible for a distribution
from the Universal Public Telecommunications Service Support Fund for providing
lifeline service under certain circumstances; and
▸ defines terms.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
54-8b-2
, as last amended by Laws of Utah 2005, Chapter 5
54-8b-10
, as last amended by Laws of Utah 2016, Chapter 271
54-8b-15
, as last amended by Laws of Utah 2013, Chapter 400
63J-1-602.3
, as last amended by Laws of Utah 2016, Chapters 52 and 271
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
54-8b-2
 is amended to read:
54-8b-2.
Definitions.
As used in this chapter:
(1) "Access line" means a circuit-switched connection, or the functional equivalent of a
circuit-switched connection, from an end-user to the public switched network.
[
(1)
] 
(2)
 (a) "Aggregator" means any person or entity that:
(i) is not a telecommunications corporation;
(ii) in the ordinary course of its business makes operator assisted services available to
the public or to customers and transient users of its business or property through an operator
service provider; and
(iii) receives from an operator service provider by contract, tariff, or otherwise,
commissions or compensation for calls delivered from the aggregator's location to the operator
service provider.
(b) "Aggregator" may include any hotel, motel, hospital, educational institution,
government agency, or coin or coinless telephone service provider so long as that entity
qualifies under Subsection [
(1)
] 
(2)
(a).
[
(2)
] 
(3)
 "Basic residential service" means a local exchange service for a residential
customer consisting of:
(a) a single line with access to the public switched network;
(b) touch-tone or the functional equivalent;
(c) local flat-rate unlimited usage, exclusive of extended area service;
(d) single-party service;
(e) a free phone number listing in directories received for free;
(f) access to operator services;
(g) access to directory assistance;
(h) access to lifeline and telephone relay assistance;
(i) access to 911 and E911 emergency services;
(j) access to long-distance carriers;
(k) access to toll limitations services;
(l) other services as may be determined by the commission; and
(m) no feature.
[
(3)
] 
(4)
 "Certificate" means a certificate of public convenience and necessity issued by
the commission authorizing a telecommunications corporation to provide specified public
telecommunications services within a defined geographic service territory in the state.
[
(4)
] 
(5)
 "Division" means the Division of Public Utilities established in Section
54-4a-1
.
[
(5)
] 
(6)
 "Essential facility or service" means any portion, component, or function of
the network or service offered by a provider of local exchange services:
(a) that is necessary for a competitor to provide a public telecommunications service;
(b) that cannot be reasonably duplicated; and
(c) for which there is no adequate economic alternative to the competitor in terms of
quality, quantity, and price.
[
(6)
] 
(7)
 (a) "Feature" means a custom calling service available from the central office
switch, including call waiting, call forwarding, three-way calling, and similar services.
(b) "Feature" does not include long distance calling.
[
(7)
] 
(8)
 "Federal Telecommunications Act" means the 
Communications Act of 1934,
as amended, and the
 Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat.
56.
[
(8)
] 
(9)
 "Incumbent telephone corporation" means a telephone corporation, its
successors or assigns, which, as of May 1, 1995, held a certificate to provide local exchange
services in a defined geographic service territory in the state.
[
(9)
] 
(10)
 "Intrastate telecommunications service" means any public
telecommunications service in which the information transmitted originates and terminates
within the boundaries of this state.
[
(10)
] 
(11)
 "Local exchange service" means the provision of telephone lines to
customers with the associated transmission of two-way interactive, switched voice
communication within the geographic area encompassing one or more local communities as
described in maps, tariffs, or rate schedules filed with and approved by the commission.
[
(11)
] 
(12)
 "Mobile telecommunications service" means a mobile telecommunications
service:
(a) that is defined as a mobile telecommunications service in the Mobile
Telecommunications Sourcing Act, 4 U.S.C. Sec. 124; and
(b) in which the information transmitted originates and terminates in one state.
[
(12)
] 
(13)
 (a) "New public telecommunications service" means a service offered by a
telecommunications corporation which that corporation has never offered before.
(b) "New public telecommunications service" does not include:
(i) a tariff, price list, or competitive contract that involves a new method of pricing any
existing public telecommunications service;
(ii) a package of public telecommunications services that includes an existing public
telecommunications service; or
(iii) a public telecommunications service that is a direct replacement for:
(A) a fully regulated service;
(B) an existing service offered pursuant to a tariff, price list, or competitive contract; or
(C) an essential facility or an essential service.
[
(13)
] 
(14)
 "Operator assisted services" means services which assist callers in the
placement or charging of a telephone call, either through live intervention or automated
intervention.
[
(14)
] 
(15)
 "Operator service provider" means any person or entity that provides, for a
fee to a caller, operator assisted services.
[
(15)
] 
(16)
 "Price-regulated service" means any public telecommunications service
governed by Section 
54-8b-2.3
.
(17) "Public switched network" means the same as that term is defined in 47 C.F.R.
Sec. 20.3.
[
(16)
] 
(18)
 "Public telecommunications service" means the two-way transmission of
signs, signals, writing, images, sounds, messages, data, or other information of any nature by
wire, radio, lightwaves, or other electromagnetic means offered to the public generally.
[
(17)
] 
(19)
 "Substantial compliance" with reference to a rule or order of the
commission means satisfaction of all material obligations in a manner consistent with the rule
or order.
[
(18)
] 
(20)
 "Telecommunications corporation" means any corporation or person, and
their lessees, trustees, receivers, or trustees appointed by any court, owning, controlling,
operating, managing, or reselling a public telecommunications service.
[
(19)
] 
(21)
 (a) "Total service long-run incremental cost" means the forward-looking
incremental cost to a telecommunications corporation caused by providing the entire quantity
of a public telecommunications service, network function, or group of public
telecommunications services or network functions, by using forward-looking technology,
reasonably available, without assuming relocation of existing plant and equipment.
(b) The "long-run" means a period of time long enough so that cost estimates are based
on the assumption that all inputs are variable.
Section 2. Section 
54-8b-10
 is amended to read:
54-8b-10.
Imposing a surcharge to provide hearing and speech impaired persons
with telecommunication devices -- Definitions -- Procedures for establishing program --
Surcharge -- Administration and disposition of surcharge money.
(1) As used in this section:
(a) "Certified deaf or severely hearing or speech impaired person" means any state
resident who:
(i) is so certified by:
(A) a licensed physician;
(B) an otolaryngologist;
(C) a speech language pathologist;
(D) an audiologist; or
(E) a qualified state agency; and
(ii) qualifies for assistance under any low income public assistance program
administered by a state agency.
(b) "Certified interpreter" means a person who is a certified interpreter under Title
35A, Chapter 13, Part 6, Interpreter Services for the Deaf and Hard of Hearing Act.
(c) (i) "Telecommunication device" means any mechanical adaptation device that
enables a deaf or severely hearing or speech impaired person to use the telephone.
(ii) "Telecommunication device" includes:
(A) telecommunication devices for the deaf (TDD);
(B) telephone amplifiers;
(C) telephone signal devices;
(D) artificial larynxes; and
(E) adaptive equipment for TDD keyboard access.
(2) The commission shall [
hold hearings to
] establish a program whereby a certified
deaf or severely hearing or speech impaired customer of a telecommunications corporation that
provides service through a local exchange or of a wireless telecommunications provider may
obtain a telecommunication device capable of serving the customer at no charge to the
customer beyond the rate for basic service.
(3) (a) The program described in Subsection (2) shall provide a dual party relay system
using third party intervention to connect a certified deaf or severely hearing or speech impaired
person with a normal hearing person by way of telecommunication devices designed for that
purpose.
(b) The commission may, by rule, establish the type of telecommunications device to
be provided to ensure functional equivalence.
[
(4) (a) The commission shall impose a surcharge on each residential and business
access line of each customer of local-exchange telephone service in this state, and each
residential and business telephone number of each customer of mobile telephone service in this
state, not including a telephone number used exclusively to transfer data to and from a mobile
device, which shall be collected by the telecommunications corporation providing public
telecommunications service to the customer, to cover the costs of:
]
[
(i) the program described in Subsection (2); and
]
[
(ii) payments made under Subsection (5).
]
[
(b) The commission shall establish by rule the amount to be charged under this
section, provided that:
]
[
(i) the surcharge does not exceed 20 cents per month for each residential and business
access line for local-exchange telephone service, and for each residential and business
telephone number for mobile telephone service, not including a telephone number used
exclusively to transfer data to and from a mobile device; and
]
[
(ii) if the surcharge is related to a mobile telecommunications service, the surcharge
may be imposed, billed, and collected only to the extent permitted by the Mobile
Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
]
[
(c) The telecommunications corporation shall collect the surcharge from its customers
and transfer the money collected to the commission under rules adopted by the commission.
]
[
(d) The surcharge shall be separately identified on each bill to a customer.
]
[
(5) (a) Money collected from the surcharge imposed under Subsection (4) shall be
deposited in the state treasury as dedicated credits to be administered as determined by the
commission.
]
[
(b) These dedicated credits may be used only:
]
(4) The commission shall cover the costs of the program described in this section from
the Universal Public Telecommunications Service Support Fund created in Section 
54-8b-15
.
(5) In administering the program described in this section, the commission may use
funds from the Universal Public Telecommunications Service Support Fund:
[
(i)
] 
(a)
 for the purchase, maintenance, repair, and distribution of telecommunication
devices;
[
(ii)
] 
(b)
 for the acquisition, operation, maintenance, and repair of a dual party relay
system;
[
(iii) to reimburse telephone corporations for the expenses incurred in collecting and
transferring to the commission the surcharge imposed by the commission;
]
[
(iv)
] 
(c)
 for the general administration of the program;
[
(v)
] 
(d)
 to train [
persons
] 
individuals
 in the use of telecommunications devices; and
[
(vi)
] 
(e)
 [
by the commission
] to contract, in compliance with Title 63G, Chapter 6a,
Utah Procurement Code, with:
[
(A)
] 
(i)
 an institution within the state system of higher education listed in Section
53B-1-102
 for a program approved by the Board of Regents that trains persons to qualify as
certified interpreters; or
[
(B)
] 
(ii)
 the Utah State Office of Rehabilitation created in Section 
35A-1-202
 for a
program that trains persons to qualify as certified interpreters.
[
(c) (i)
] 
(6)
 The commission [
shall make rules
] 
may create disbursement criteria and
procedures by rule made
 under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
[
the administration of money under Subsection (5)(b)(vi)
] 
administering funds under
Subsection (5)
.
[
(ii) In the initial rulemaking to determine the administration of money under
Subsection (5)(b)(vi), the commission shall give notice and hold a public hearing.
]
[
(d) Money received by the commission under Subsection (4) is nonlapsing.
]
[
(6) (a) The telephone surcharge need not be collected by a telecommunications
corporation if the amount collected would be less than the actual administrative costs of the
collection.
]
[
(b) If Subsection (6)(a) applies, the telecommunications corporation shall submit to
the commission, in lieu of the revenue from the surcharge collection, a breakdown of the
anticipated costs and the expected revenue from the collection, showing that the costs exceed
the revenue.
]
(7) The commission shall solicit [
the
] advice, counsel, and physical assistance [
of
severely hearing or speech impaired persons and the organizations serving them
] 
from deaf,
hard of hearing, or severely speech impaired individuals and the organizations serving deaf,
hard of hearing, or severely speech impaired individuals
 in the design and implementation of
the program.
Section 3. Section 
54-8b-15
 is amended to read:
54-8b-15.
Universal Public Telecommunications Service Support Fund --
Commission duties -- Charges -- Lifeline program.
(1) For purposes of this section:
[
(a) "Basic telephone service" means local exchange service and may include such
other functions and elements, if any, as the commission determines to be eligible for support by
the fund.
]
(a) "Broadband Internet access service" means the same as that term is defined in 47
C.F.R. Sec. 8.2.
(b) "Carrier of last resort" means:
(i) an incumbent telephone corporation; or
(ii) a telecommunications corporation that, under Section 
54-8b-2.1
:
(A) has a certificate of public convenience and necessity to provide local exchange
service; and
(B) has an obligation to provide public telecommunications service to any customer or
class of customers that requests service within the local exchange.
(c) "Connection" means an authorized session that uses Internet protocol or a
functionally equivalent technology standard to enable an end-user to initiate or receive a call
from the public switched network.
[
(b)
] 
(d)
 "Fund" means the Universal Public Telecommunications Service Support
Fund established in this section.
(e) "Non-rate-of-return regulated" means having price flexibility under Section
54-8b-2.3
.
(f) "Rate-of-return regulated" means subject to regulation under Section 
54-4-4
.
(g) "Wholesale broadband Internet access service" means the end-user loop component
of Internet access provided by a rate-of-return regulated carrier of last resort that is used to
provide, at retail:
(i) combined consumer voice and broadband Internet access; or
(ii) stand-alone, consumer, broadband-only Internet access.
[
(2) The commission shall establish
]
(2) (a) There is established
 an expendable special revenue fund known as the
"Universal Public Telecommunications Service Support Fund[
,
]
.
" [
which is to be implemented
by January 1, 1998.
]
(b) The fund shall provide a mechanism for a qualifying carrier of last resort to obtain
specific, predictable, and sufficient funds to deploy and manage, for the purpose of providing
service to end-users, networks capable of providing:
(i) access lines;
(ii) connections; or
(iii) wholesale broadband Internet access service.
(c) The commission shall develop, by rule made in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, and consistent with this section, policies and
procedures to govern the administration of the fund.
[
(3) The commission shall:
]
[
(a) institute a proceeding within 30 days of the effective date of this section to
establish rules governing the administration of the fund; and
]
[
(b) issue those rules by October 1, 1997.
]
[
(4) The rules in Subsection (3) shall be consistent with the Federal
Telecommunications Act.
]
[
(5) Operation of the fund shall be nondiscriminatory and competitively and
technologically neutral in the collection and distribution of funds, neither providing a
competitive advantage for, nor imposing a competitive disadvantage upon, any
telecommunications provider operating in the state.
]
[
(6) The fund shall be designed to:
]
[
(a) promote equitable cost recovery of basic telephone service through the imposition
of just and reasonable rates for telecommunications access and usage; and
]
[
(b) preserve and promote universal service within the state by ensuring that customers
have access to affordable basic telephone service.
]
[
(7) To the extent not funded by a federal universal service fund or other federal
jurisdictional revenues, the fund shall be used to defray the costs, as determined by the
commission, of any qualifying telecommunications corporation in providing public
telecommunications services to:
]
[
(a) customers that qualify for a commission-approved lifeline program; and
]
[
(b) customers, where
]
[
the basic telephone service rate considered affordable by the commission in a
particular geographic area is less than the costs, as determined by the commission for that
geographic area, of basic telephone service.
]
[
(8) The fund shall be portable among qualifying telecommunications corporations. 
Requirements to qualify for funds under this section shall be defined by rules established by the
commission.
]
(3) Subject to this section, the commission shall use funds in the Universal Public
Telecommunications Service Support Fund to:
(a) fund the hearing and speech impaired program described in Section 
54-8b-10
;
(b) fund a lifeline program that covers the reasonable cost to an eligible
telecommunications carrier, as determined by the commission, to offer lifeline service
consistent with the Federal Communications Commission's lifeline program for low-income
consumers;
(c) fund, for the purpose of providing service to end-users, a rate-of-return regulated or
non-rate-of-return regulated carrier of last resort's deployment and management of networks
capable of providing:
(i) access lines;
(ii) connections; or
(iii) wholesale broadband Internet access service that is consistent with Federal
Communications Commission rules; and
(d) fund one-time distributions from the Universal Public Telecommunications Service
Support Fund for a non-rate-of-return regulated carrier of last resort's deployment and
management of networks capable of providing:
(i) access lines;
(ii) connections; or
(iii) broadband Internet access service.
(4) (a) A rate-of-return regulated carrier of last resort is eligible for payment from the
Universal Public Telecommunications Service Support Fund if:
(i) the rate-of-return regulated carrier of last resort provides the services described in
Subsections (3)(c)(i) through (iii); and
(ii) the rate-of-return regulated carrier of last resort's reasonable costs, as determined by
the commission, to provide public telecommunications service and wholesale broadband
Internet access service are greater than the sum of:
(A) the rate-of-return regulated carrier of last resort's revenue from basic residential
service considered affordable by the commission;
(B) the rate-of-return regulated carrier of last resort's regulated revenue derived from
providing other public telecommunications service;
(C) the rate-of-return regulated carrier of last resort's revenue from rates approved by
the Federal Communications Commission for wholesale broadband Internet access service; and
(D) the amount the rate-of-return regulated carrier of last resort receives from federal
universal service funds.
(b) A non-rate-of-return regulated carrier of last resort is eligible for payment from the
Universal Public Telecommunications Service Support Fund for reimbursement of reasonable
costs as determined by the commission if the non-rate-of-return regulated carrier meets criteria
that are:
 (i) consistent with Subsections (2) and (3); and
 (ii) developed by the commission by rule made in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
(5) A rate-of-return regulated carrier of last resort that qualifies for funds under this
section:
(a) is entitled to a rate of return equal to the weighted average cost of capital rate of
return prescribed by the Federal Communications Commission for rate-of-return regulated
carriers; and
(b) may use any depreciation method allowed by the Federal Communications
Commission.
(6) (a) The commission shall determine if a rate-of-return regulated carrier of last resort
is correctly applying a depreciation method described in Subsection (5)(b).
(b) If the commission determines under Subsection (6)(a) that a rate-of-return regulated
carrier of last resort is incorrectly applying a depreciation method or that the rate-of-return
regulated carrier of last resort is not using a depreciation method allowed by the Federal
Communications Commission, the commission shall issue an order that provides corrections to
the rate-of-return regulated carrier of last resort's method of depreciation.
[
(9) As necessary to accomplish the purposes of this section, the fund shall provide a
mechanism for specific, predictable, and sufficient funds in addition to those provided under
the federal universal service fund.
]
(7) A carrier of last resort that receives funds from the Universal Public
Telecommunications Service Support Fund may only use the funds in accordance with this
section within the area for which the carrier of last resort has a carrier of last resort obligation.
(8) Each access line provider and each connection provider shall contribute to the
Universal Public Telecommunications Service Support Fund through an explicit charge
assessed by the commission on the access line provider or connection provider.
(9) The commission shall calculate the amount of each explicit charge described in
Subsection (8) using a method developed by the commission by rule made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(a) does not discriminate against:
(i) any access line or connection provider; or
(ii) the technology used by any access line or connection provider;
(b) is competitively neutral; and
(c) is a function of an access line or connection provider's:
(i) annual intrastate revenue;
(ii) number of access lines or connections in the state; or
(iii) a combination of an access line or connection provider's annual intrastate revenue
and number of access lines or connections in the state.
(10) The commission shall develop the method described in Subsection (9) before
January 1, 2018.
[
(10) (a) Subject to Subsection (10) (b):
]
[
(i) each telecommunications corporation that provides intrastate public
telecommunication service shall contribute to the fund on an equitable and nondiscriminatory
basis;
]
[
(ii) for purposes of funding the fund, the commission shall have the authority to
require all corporations that provide intrastate telecommunication services in this state to
contribute money to the fund through explicit charges determined by the commission;
]
[
(iii) any charge described in Subsection (10)(a)(ii) may not apply to wholesale
services, including access and interconnection; and
]
[
(iv) charges associated with being a provider of public telecommunications service
shall be in the form of end-user surcharges applied to intrastate retail rates.
]
[
(b) A telecommunications corporation
] 
(11) An access line or connection provider
that provides mobile telecommunications service shall contribute to the [
fund
] 
Universal
Public Telecommunications Service Support Fund
 only to the extent permitted by the Mobile
Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
[
(11)
] 
(12)
 Nothing in this section shall be construed to enlarge or reduce the
commission's jurisdiction or authority, as provided in other provisions of this title.
[
(12) Any telecommunications corporation failing to make contributions to this fund or
failing
]
(13) A person that fails to make a required contribution to the fund created by this
section, or that fails
 to comply with [
the directives of the
] 
a
 commission 
directive
 concerning
[
its
] 
the person's
 books, records, or other information required 
by the commission
 to administer
this section [
shall be
]
, is
 subject to applicable penalties.
[
(13) The commission shall have a bill prepared for the 1998 General Session of the
Legislature to place in statute as much of the regulation implemented by rule pursuant to the act
the commission believes is practicable.
]
(14) Nothing in this section gives the commission the authority:
(a) to regulate broadband Internet access service;
(b) to require a carrier of last resort to provide broadband Internet access service; or
(c) assess a contribution in violation of the Internet Tax Freedom Act, 47 U.S.C. Sec.
note.
(15) (a) A facilities-based or nonfacilities-based wireless telecommunication provider
is eligible for distributions from the Universal Telecommunications Service Support Fund
under the lifeline program described in Subsection (3)(b) for providing lifeline service that is
consistent with the Federal Communications Commission's lifeline program for low-income
consumers.
(b) Except as provided in Subsection (15)(c), the commission may impose reasonable
conditions for providing a distribution to a wireless telecommunication provider under the
lifeline program described in Subsection (3)(b).
(c) The commission may not require a wireless telecommunication provider to offer
unlimited local calling to a lifeline customer as a condition of receiving a distribution under the
lifeline program described in Subsection (3)(b).
(16) The commission shall report to the Public Utilities, Energy, and Technology
Interim Committee each year before November 1 regarding:
(a) the contribution method described in Subsection (9);
(b) the amount of distributions from and contributions to the Universal Public
Telecommunications Service Support Fund during the last fiscal year;
(c) the availability of services for which Subsection (3) permits Universal Public
Telecommunications Service Support Fund funds to be used; and
(d) the effectiveness and efficiency of the Universal Public Telecommunications
Service Support Fund.
Section 4. Section 
63J-1-602.3
 is amended to read:
63J-1-602.3.
List of nonlapsing funds and accounts -- Title 46 through Title 60.
(1) The Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
.
(2) Funding for the Search and Rescue Financial Assistance Program, as provided in
Section 
53-2a-1102
.
(3) Appropriations made to the Division of Emergency Management from the State
Disaster Recovery Restricted Account, as provided in Section 
53-2a-603
.
(4) Appropriations made to the Department of Public Safety from the Department of
Public Safety Restricted Account, as provided in Section 
53-3-106
.
(5) Appropriations to the Motorcycle Rider Education Program, as provided in Section
53-3-905
.
(6) Appropriations from the Utah Highway Patrol Aero Bureau Restricted Account
created in Section 
53-8-303
.
(7) Appropriations from the DNA Specimen Restricted Account created in Section
53-10-407
.
(8) The Canine Body Armor Restricted Account created in Section 
53-16-201
.
(9) The School Readiness Restricted Account created in Section 
53A-1b-104
.
(10) Appropriations to the State Board of Education, as provided in Section
53A-17a-105
.
(11) Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section 
35A-13-202
.
(12) Certain funds appropriated from the General Fund to the State Board of Regents
for teacher preparation programs, as provided in Section 
53B-6-104
.
(13) Funding for the Medical Education Program administered by the Medical
Education Council, as provided in Section 
53B-24-202
.
(14) A certain portion of money collected for administrative costs under the School
Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
[
(15) Certain surcharges on residential and business telephone numbers imposed by the
Public Service Commission, as provided in Section 
54-8b-10
.
]
[
(16)
] 
(15)
 Certain fines collected by the Division of Occupational and Professional
Licensing for violation of unlawful or unprofessional conduct that are used for education and
enforcement purposes, as provided in Section 
58-17b-505
.
[
(17)
] 
(16)
 Certain fines collected by the Division of Occupational and Professional
Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
provided in Section 
58-63-103
.
[
(18)
] 
(17)
 Appropriations from the Relative Value Study Restricted Account created
in Section 
59-9-105
.
[
(19)
] 
(18)
 The Cigarette Tax Restricted Account created in Section 
59-14-204
.
Section 5. 
Effective date.
This bill takes effect on July 1, 2017.