65- 407 C.M.R. ch. 285, § 3

Current through 2024-25, June 19, 2024

Section 407-285-3 - ASSESSMENT

A.Required Contributions

Each of the following voice network service providers who provide service to end-user retail customers in Maine shall report the number of their Lines or Working Telephone Numbers in Maine and shall contribute to the MTEAF under the provisions contained in Subsections B and C of this Section: local exchange carriers, interconnected voice over Internet protocol service providers, and providers of mobile telecommunications services.

B.Reporting and Remittance

1.Local Exchange Carriers

Subject to the limitation provided by Subsection B(4) of this Section, within thirty days after the end of each calendar quarter, each local exchange carrier shall report to the Fund Administrator on forms provided by the Fund Administrator the number of its Lines, including Centrex and PBX lines, or Working Telephone Numbers that are providing voice telephone service in Maine at the end of each month of the preceding quarter.

2.Providers of Interconnected VoIP Service

Subject to the limitation provided by Subsection B(4) of this Section, within thirty days after the end of each calendar quarter, each provider of interconnected VoIP service shall report to the Fund Administrator on forms provided by the Fund Administrator the number, at the end of each month of the preceding calendar quarter, of its active interconnected VoIP Lines or Working Telephone Numbers that have a registered location within Maine. Providers of interconnected VoIP service must adhere to the requirements of 47 CFR § 9.5(d).

3.Providers of Mobile Telecommunications Services

Subject to the limitation provided by Subsection B(4) of this Section, within thirty days after the end of each calendar quarter, each provider of mobile telecommunications services, except for prepaid wireless providers, shall report to the Fund Administrator on forms provided by the Fund Administrator for the end of each month of the preceding quarter the number of its mobile telecommunications services Lines or Working Telephone Numbers whose place of primary use is in Maine.

4.Limitation on Reporting by Billing Account Number

For the purposes of Subsections B(1), (2), and (3) of this Section, the reporting service provider shall not report more than twenty-five Lines or Working Telephone Numbers per active Billing Account Number.

5.Contribution Calculation and Remittance

Each service provider that must report its lines or customers to the Fund Administrator under the provisions of Subsections B(1), (2), or (3) of this Section, subject to the limitation provided by Subsection B(4), of this Section shall calculate its required contribution to the MTEAF by multiplying the number of Lines or Working Telephone Numbers reported for each month by the Contribution Amount established by the Commission under the provisions of Subsection C of this Section. The service provider must remit its required contribution to the Fund Administrator under procedures established by the Fund Administrator at the time its files its required report for each quarter.

6.Confidentiality

For the purposes of this Chapter, the counts of Lines or Working Telephone Numbers that must be reported to the Fund Administrator pursuant to the provisions of Subsections B(1), (2), or (3) of this Section will be considered Confidential Business Information, pursuant to the provisions of 35-A M.R.S. §1311-A(1).

C.Establishment of Contribution Amount. The Commission shall establish an amount per Line or per Working Telephone Number that does not exceed the amount permitted by 35-A M.R.S. §7104-B to be contributed by the voice network service providers specified in Subsection A of this Section. In establishing the contribution amount, the Commission shall consider the needs of schools and libraries based on the recommendation of the Department of Education (DOE) and the Maine State Library (MSL) as required in Section 4(A) of this Chapter; the amount collected in prior periods; the balance in the MTEAF account maintained by the Fund Administrator; and the impact on ratepayers. The Fund Administrator may recommend that the Commission add a specified amount for amounts calculated as due from contributors that may be uncollected, provided that the maximum amount that may be collected from contributors does not exceed the amount permitted by 35-A M.R.S. §7104-B(3). The Commission shall, by order, determine the effective date of the initial per line, per number or per customer amount established by the Commission pursuant to this paragraph, and that effective date shall be the beginning of the subsequent calendar quarter that is at least ninety days after the date of the order. The Commission shall determine any subsequent change to the contribution amount at least sixty days prior to the effective date of the change.

D.Administrator. The Commission shall contract with an appropriate independent fiscal agent to serve as Fund Administrator. Voice network service providers shall report and remit their required contributions to the Fund Administrator quarterly as specified in Subsection B of this Section. The Fund Administrator shall provide the forms and instructions for reporting and payment. In addition, the Fund Administrator shall establish the timing and procedures for reporting and payment after consultation with the Director of Telephone and Water Utility Industries.

65- 407 C.M.R. ch. 285, § 3