PENNSYLVANIA PUBLIC UTILITY COMMISSION

Harrisburg, PA 17105-3265

Public Meeting Held December 19, 1996

Commissioners Present:

John M. Quain, Chairman
Lisa Crutchfield, Vice-Chairman
John Hanger
David W. Rolka
Robert K. Bloom

Docket No. I-00940035

In Re: Formal Investigation to Examine and Establish Updated Universal Service Principles and Policies for Telecommunications Services in the Commonwealth

OPINION AND ORDER

BY THE COMMISSION:

TABLE OF CONTENTS

I. Introduction 6
II. Background 6
A. Procedural 6
B. Findings of Commission in Other Related Proceedings 9
1. Definition of Universal Service 9
2. Universal Service Funding Mechanism 10
C. The Federal Telecommunications Act of 1996 11
D. Summary of Commission Findings In This Investigation 12
III. Need for Universal Service Fund in Pennsylvania 15
A. To Maintain Affordable Rates in All Areas of the Commonwealth 15
B. To Maintain and/or Increase Subscribership Rates in All Areas of the Commonwealth 17
C. To Encourage Competition In Urban and Rural Areas and All Telecommunications Markets in Pennsylvania 17
D. To Achieve Regulatory Parity Between Incumbent and New Providers 19
E. To Ensure Economic Development in All Areas of the State through the Equal Availability of Basic and Advanced Services So That Telecommunications Infrastructure Development in Pennsylvania Does Not Disadvantage Rural Areas and Result in a System of Haves and Have Nots 19
F. To Achieve More Effective Targeting of Existing Subsidies 20
G. To Encourage Carriers to Meet the Mandates of Chapter 30 20
H. To Carry Out and Comply with the Mandates of TA-96 21
I. The Alternatives are not Viable 21
1. Play or Pay 21
a. Position of the Parties 21
b. Discussion 24
2. Rate Rebalancing 25
a. Position of the Parties 25
b. Discussion 26
3. Maintenance of the Status Quo 28
IV. The Cost of Providing Basic Universal Service in Pennsylvania 28
A. Use of Auctions 28
1. Position of the Parties 28
2. Discussion 30
B. Multi-Fund Approach 31
1. Position of the Parties 31
2. Discussion 32
C. Costing Models 35
1. Design Assessment Criteria 35
2. The Bell Model and Study 35
a. Criticisms 38
1. Model Design 38
2. Model Inputs 40
3. The Hatfield Model and Study 40
a. Criticisms 45
1. Model Design 45
2. Model Inputs 45
4. The Benchmark Cost Model and Study 46
a. Criticisms 52
1. Model Design 52
2. Model Inputs 55
5. The Johnson Cost Model and Study 55
a. Criticisms 58
1. Model Design 58
2. Model Inputs 58
6. Comparative Model Assessment 59
a. Is the model nonproprietary and replicable? Can it be independently tested and validated? Can the inputs and assumptions be readily verified? Is the model user-friendly? 60
b. Can the model be applied on a statewide basis? Is the model capable of generating results that are applicable to both large and small LECs? 62
c. Does the model enable analysis on a highly disaggregated basis? 63
d. Does the model use the best available technology and information? Does it utilize forward-looking technology and information? 67
e. Is the model readily adaptable to changes in the definition of basic universal service? 70
f. Does the model design accurately reflect costs of putting in place the loop and switch necessary to provide BUS? 70
g. Has the model been considered at the Federal level for Federal funding purposes? Is there evidence of wider use of the model? 74
h. Overall Assessment 75
D. Revisions to BCM 76
1. Annual Carrying Charges 76
2. Discount Rates for Small Telephone Companies 77
E. Joint and Common Costs 77
1. Joint Costs--Allocation of the Local Loop 77
a. Position of the Parties 77
b. Discussion 82
2. Common Costs 85
F. Asset Impairment 87
V. Universal Service Rate 88
A. Positions of Parties 88
B. Discussion 91
VI. Offsets and Calculation of BUS Cost and Subsidy 95
A. BUS Subsidy Offsets 95
1. Usage Revenues 95
2. Interstate CCLC and SLC 97
3. Yellow Pages Revenues 98
B. Offsets to BUS Cost 98
1. Federal Fund Receipts 98
VII. Access Costs and Pricing 99
A. Positions of Parties 99
B. Discussion 102
VIII. Rate Rebalancing 106
A. Positions of Parties 106
B. Discussion 109
IX. Treatment of ILEC Net Receipts and Distributions 110
X. Collection of USF Assessments 112
XI. Small LEC Waiver Process 113
XII. Transition Plan 113
XIII. Reciprocal Compensation Rates 113
A. Positions of the Parties 115
1. Usage Charges 115
2. Flat-Rate Charges 116
3. Bill and Keep 117
4. TSLRIC 119
5. Inverse Imputation 120
B. Discussion 121
XIV. Eligibility for Universal Service Funds 124
A. "Service Area" Defined for "Eligible Carrier" Status 124
B. Eligible Telecommunications Carrier 124
1. Impact of § 254's Facilities Based Requirement 124
2. Designation Procedures 125
XV. Schools, Libraries and Health Care Institutions 128
A. Requirements of the Federal Act 128
B. Discussion 130
XVI. Special Needs of Low Income Customers 133
XVII. Pennsylvania Universal Service Task Force 135
XVIII. Relationship with Federal Universal Service Proceeding 136
XIX. Conclusion 138