Section 291-10-003 - REMITTANCE003.01Filing Options: 003.01AMonthly: Telecommunications companies shall remit the NUSF surcharge on a monthly basis to the NUSF except as provided in Rule 003.01B.003.01BQuarterly: A telecommunications company whose assessable revenue is less than $20,000 for a given calendar year may remit on a quarterly basis to the NUSF. A company who elects to file on a quarterly basis pursuant to this rule shall notify the Commission in writing prior to switching from a monthly remittance filing basis to a quarterly remittance filing basis.003.02Remittance Worksheets: Remittance worksheets shall be received by the Department no later than the 15th day following the end of a remittance period. In the event the 15th day falls on a weekend or a holiday, the remittance worksheet is due on the next business day.
003.03Remittances to the NUSFExcept as provided in Rule 003.03A, all remittances shall be transferred electronically to the Nebraska State Treasurer. Remittances shall be received by the Nebraska State Treasurer no later that the 15th day following the end of remittance period. In the event the 15th day falls on a weekend or a holiday, the electronic remittance is due on the next business day.
003.03ADepartment Initiated Remittances: A telecommunications company may elect to have the Department initiate the electronic transfer of such company's remittance to the NUSF. 003.03A1Authorization and Banking Information: A telecommunications company electing to have the Department initiate the electronic transfer of remittance to the NUSF shall provide the necessary authorization and banking information required by the Director.003.03A2Initiation of Transfer: The receipt of a telecommunications company's remittance worksheet will result in the Department's initiation of the electronic transfer of the telecommunications company's remittance to the NUSF if the appropriate indication is made on said remittance worksheet. Said electronic transfer will be done in accordance with authorization granted to the Department by the company.003.04True-Up: A telecommunications company shall revise or adjust any remittance information previously reported to the NUSF for purposes of reporting accurate remittance information, except as provided in Rules 003.04A and 003.04B.
003.04ADirector Approval: If a telecommunications company's revision or adjustment produces a variance of more than ten percent (10%) from originally reported remittance revenues, said company shall obtain the written approval of the Director before the revision or adjustment is filed.003.05Audit Requirements: A company reporting remittance information is subject to an audit consistent with procedures set forth by the Commission. The term "audit" as used in this section and the requirements necessary to fulfill this section shall be further defined by Commission Order. The audit shall include all information used in determining its assessable revenue and a written report of the results of such audit shall be provided to the Department before the end of the calendar year following the audit period.
003.05AFirst Tier: A telecommunications company whose assessable revenue is greater than one million dollars ($1,000,000) in a given calendar year shall have an audit performed on an annual basis.003.05BSecond Tier: A company whose assessable revenue is less than one million dollars ($1,000,000) in a given calendar year shall be subject to a remittance audit once every three years. The audit period may include any of the three years in the three year audit cycle.003.05B1Audit Waivers: A company whose assessable revenue is less than one hundred thousand dollars ($100,000) may be granted an audit waiver. To be eligible for a waiver, companies shall meet the criteria included in the remittance audit policies. The granting of such waiver is at the sole discretion of the Commission.003.06Confidential Treatment: All remittance information provided by companies will be treated as confidential and proprietary by the Department.
003.07Notice Requirement: A company shall not be required to file remittance information or remit payments when the telecommunications company has no users in the State of Nebraska and no assessable revenue as defined by Rule 001.01C. A company shall notify the Commission in writing prior to the cessation of filing remittances and remittance information.
291 Neb. Admin. Code, ch. 10, § 003