Agenda Date:  June 30, 1999
Item No.:

Docket:  UT-990873
Exploring the need for a new rule identifying and setting fees for
Commission Mediations, Arbitrations, and other actions related 
to the Telecommunications Act of 1996

Staff:   Bob Wallis, Review Judge
   

Recommendation:

Direct the Secretary to file a Statement of Inquiry (CR 101) to begin inquiring 
into the need for and the possible provisions of a new section in chapter 
480-09 or another chapter within Title 480 to identify services that the 
Commission will perform in furtherance of the Telecommunications Act of 1996, 
and the fees it will charge for those services, pursuant to Chapter 337, Laws 
of 1998, Section 2.

Discussion:

The 1998 legislature specifically authorized the Commission to perform certain 
services that are authorized or required of states by the Telecommunications 
Act of 1996 – and to collect a fee for performing those services.

The Commission and its Staff have reviewed interconnection agreements, 
performed arbitration and mediation services, and have adjudicated complaints, 
among other things.  Relating to agreements arising under agreements 
established pursuant to the Telecommunications Act Performing these activities 
has consumed considerable staff resources and imposed considerable expense upon 
the Commission.  The statute provides specific legislative authority for 
performing these functions – and for charging fees for doing so.  

This statement of inquiry starts the process of examining what rules may be 
needed to define the services provided pursuant to the law, to determine 
whether the Commission should charge fees for those services, and if so, to set 
the fees for those services.  

The relevant provisions of Chapter 337, Laws of 1998, Sec. 2. are attached.  

Staff recommends that the Commission direct the Secretary to file a Statement 
of Inquiry (CR-101) to begin examining the issues related to Chapter 337, Laws 
of 1998, Sec. 2.


 NEW SECTION.  Sec. 2.  (1) The commission is authorized to take actions, 
conduct proceedings, and enter orders as permitted or contemplated for a state 
commission under the federal telecommunications act of 1996, P.L. 104-104 (110 
Stat. 56), . . .. The commission may establish by rule fees to be paid by 
persons seeking commission action under the federal act, and by parties to 
proceedings under that act, to offset in whole or part the commission's 
expenses that are not otherwise recovered through fees in implementing the act, 
. . ..

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