Control Number: 43721 Item Number - PUC Interchange

Control Number : 43721
Item Number: 16
Addendum StartPage : 0
Donna L. Nelson
Greg Abbott
Governor
Chairman
Kenneth W. Anderson, Jr.
Commissioner
^^.uI"i ,^t^(_`^^3 E^^i ^^^^
Brandy Marty Marquez
Commissioner
Brian H. Lloyd
Executive Director
TO:
Public Utility Commission of Texas
Donna L. Nelson, Chairman
Kenneth W. Anderson, Jr., Commissioner
Brandy Marty Marquez, Commissioner
All Parties of Record
FROM:
Irene MontelongA
Director, Docket Management
RE
Open Meeting of April 17, 2015
Docket No. 43721 - Application of West Texas Rural Telephone Cooperative, Inc.
for True-Up of 2012 Federal Universal Service Fund Impacts to the Texas
Universal Service Fund
DATE:
March 25, 2015
Enclosed is a copy of the Proposed Order in the above-referenced docket. The
Commission is currently scheduled to consider this docket at an open meeting to begin at
9:30 a.m. on Friday, April 17, 2015, at the Commission's offices, 1701 North Congress Avenue,
Austin, Texas. The parties shall file corrections or exceptions to the Proposed Order on or before
Thursday, April 9, 2015.
If there are no corrections or exceptions, no response is necessary.
Q.\CADM\Docket Management\Telephone\MISCELLANEOUS\43xxx-44xxx\43721 PO Memo.docx
Printed on recycled paper
1701 N. Congress Avenue PO Box 13326 Austin, TX 78711
An Equal Opportunity Employe
512/936-7000 Fax: 512/936-7003 web site: www.puc.texas.gov
00000001
DOCKET NO. 43721
^^'^"^
<'b
APPLICATION OF WEST TEXAS RURAL § PUBLIC UTILITVv^^wl^IMISSI^
TELEPHONE COOPERATIVE, INC. FOR
§
r ^'
TRUE-UP OF 2012 FEDERAL UNIVERSAL §
OF TEXAS
SERVICE FUND IMPACTS TO THE
§
TEXAS UNIVERSAL SERVICE FUND
§
PROPOSED ORDER
This Order addresses the application of West Texas Rural Telephone Cooperative, Inc.
(West Texas) to true-up 2012 Federal Universal Service Fund (FUSF) impacts recovered from
the Texas Universal Service Fund (TUSF).
Public Utility Commission (Commission) Staff
recommended approval of the application. The application is approved.
The Commission adopts the following findings of fact and conclusions of law:
1.
Findings of Fact
Procedural History
1.
On October 31, 2014, West Texas filed an application to true-up 2012 FUSF impacts
recovered from the TUSF as a result of the Final Order in Docket No. 41526.1
2.
On November 28, 2014, notice of this proceeding was published in the Texas Register.
3.
On February 4, 2015, Commission Staff filed its recommendation on final disposition.
Staff recommended that West Texas refund to the TUSF a total amount of $92,486 for
the calendar year 2012.
4.
On February 18, 2015, Commission Staff and West Texas filed a joint proposed order
and motion to admit evidence resolving all issues pending in this docket.
5.
On March 24, 2015, the Commission issued Order No. 3, admitting evidence into the
record.
' Application of West Texas Rural Telephone Cooperative, Inc. to Recover Funds froin the Texas Universal
Service Fund Pursuant to PURA § 56.025 and PUC Subst. R. § 26.406, Docket No. 41526 (Sept. 16, 2013).
00000002
Proposed Order
Docket No. 43721
Page 2 of 4
True-Up of 2012 Impact Recovery
6.
In Docket No. 41526, it was reasonably projected that the Federal Communications
Commission's (FCC) USF/ICC Transformation Order' , Regression Analysis Order 3 and
Third Order on Reconsideration4 would reduce the amount that West Texas received in
FUSF revenue by $173,069 for the calendar year 2012.
7.
West Texas recovered the entire estimated impact of $173,069 in projected FUSF
revenue reductions from the TUSF.
8.
The actual impact in. FUSF revenue reductions to West Texas for calendar year 2012 was
$80,583.
9.
West Texas will refund to the TUSF ( in one lump sum) a total amount of $92,486 that
was over recovered for calendar year 2012.
II.
1.
Conclusions of Law
The Commission has jurisdiction over the subject matter of this proceeding pursuant to
§§ 14.002, 56.021, 56.023, 56.025 of the Public Utility Regulatory Act, TEX. UTIL. CODE
ANN. §§ 11.001-66.016 (Vernon 2007 & Supp. 2014) (PURA).
2.
This docket was processed in accordance with the requirements of PURA and the
Administrative Procedure Act, TEX. GOv'T CODE ANN. §§ 2001.001-.902 (Vernon 2008
& Supp. 2014).
3.
Notice of the application was provided in compliance with P.U.C. PROC. R. 22.55.
4.
This Order is consistent with the requirements of PURA § 56.025 and P.U.C. SUBST.
R. 26.406.
5.
This Order, taken as a whole, is a just and reasonable resolution of all the issues it
addresses, is consistent with the relevant provisions of PURA and the Commission's
rules.
2 Connect America Fund, WC Docket No. 10-90 et. al.,
Report and Order and Further Notice of Proposed
Rulemaking, FCC No. 11-161, 26 FCCR 17663 (Nov. 18, 2011).
' Id., Order, DA 12-646 (Apr. 25, 2012).
4
Id., Third Order on Reconsideration, FCC 12-52, (May 14, 2012).
00000003
Docket No. 43721
Proposed Order
Page 3 of 4
6.
This Order resolves all issues pending in this docket.
7.
The requirements for informal disposition pursuant to P.U.C. PROC. R. 22.35 have been
met in this proceeding.
III.
Ordering Paragraphs
In accordance with these findings of fact and conclusions of law, the Commission issues
the following Order:
The application to the extent that it is consistent with this Order is approved.
2.
Within sixty days of the date of this Order, West Texas shall refund to the TUSF (in one
lump sum) a total amount of $92,486 that was over recovered for calendar year 2012.
3.
Entry of this Order does not indicate the Commission's endorsement or approval of any
principle or methodology that may underlie the calculations. Entry of this Order should
not be regarded as binding holding or precedent as to the appropriateness of any principle
or methodology underlying the calculations herein.
4.
In the event that there are future actions by the FCC that would be retroactive and impact
the 2012 true up numbers, the Commission retains the authority to modify its true up
calculations.
5.
All other motions, requests for entry of specific findings of fact, conclusions of law, and
ordering paragraphs, and any other requests for general or specific relief, if not expressly
granted, are denied.
0000000
Docket No. 43721
Proposed Order
SIGNED AT AUSTIN, TEXAS the
Page 4 of 4
day of April 2015.
PUBLIC UTILITY COMMISSION OF TEXAS
DONNA L. NELSON, CHAIRMAN
KENNETH W. ANDERSON, JR., COMMISSIONER
BRANDY MARTY MARQUEZ, COMMISSIONER
q:\cadm\docket management\telephone\miscellaneous\43xxx-44xxx\43721 po.docx
00000005