CHAPTER I
RULES OF PRACTICE & PROCEDURE
PUBLIC SERVICE COMMISSION OF WYOMING
Section 101. Authority. These rules are promulgated pursuant to the Wyoming Administrative Procedure Act, W.S. §§ 16-3-101 through 16-3-115, the Wyoming Public Utilities Act, W.S. §§ 37-1-101 through 37-3-114, 37-6-101 through 37-6-107, 37-8-101 through 37-12-213, and the Wyoming Telecommunications Act, W.S. 37-15-101 through 37-15-502.
Section 102. Offices of the Commission. The offices of the Commission are located at the Hansen Building, Suite 300, 2515 Warren Avenue, Cheyenne, Wyoming 82002. The regular office hours of the Commission for the transaction of public business are 8:00 A.M. to 5:00 P.M. each day except Saturday, Sunday, and legal holidays.
Section 103. Definitions. The following definitions as used in these rules shall apply:
(a) "Commission" and "Commissioner" means the Public Service Commission of Wyoming or a member thereof respectively.
(b) "Designated hearing officer" means the presiding member of the Commission or Commission employee designated by the Commission to conduct a specific public hearing in matters before the Commission.
(c) "Party" means each public utility, person, agency, partnership, unincorporated association, group, corporation, the Wyoming Attorney General or his representative or Commission staff member assigned by the Commission to assert or have an adversary position, named or admitted as an applicant, complainant, intervenor, defendant, or respondent in any proceeding before the Commission or any person properly seeking and entitled as of right to be admitted as a party. However, nothing in these Rules shall prevent the Commission, upon its own motion for good cause shown, from allowing any interested person or group to appear in any proceedings before the Commission, whether or not such person or group shall have been granted permission to intervene.
(d) "Applicant" means any public utility or person seeking the whole or part of any Commission permit, certificate approval, registration or similar approval, the grant or denial of which is required by law to be determined by the Commission.
(e) "Complainant" means any party as defined in (c) above complaining to the Commission of anything, actual or proposed, done or omitted to be done in violation of the Wyoming Public Utilities Act or of an order, rule, or regulation of or authorized by the Commission.
(f) "Intervenor" means any public utility or person affected by any application, petition, formal complaint or motion filed with the Commission, who files an intervention in Commission proceedings involving the same, when admitted by the Commission.
(g) "Protestant" or "proponent" (except in matters involving motor or rail carriers) means any public utility or person objecting to or supporting an application or petition which the Commission may have under consideration. Protestants or proponents may file written comments or make oral presentations in a contested case which will alert the Commission to areas to be considered. However, such action will not serve to make the protestant or proponent an intervenor. Any protestant or proponent desiring to be an intervenor shall petition to intervene. Unless waived by the parties to any proceeding, protestants or proponents shall be subject to cross-examination as provided in Wyoming Administrative Procedure Act. In matters involving motor or rail carriers, the term protestant shall be synonymous with the word intervenor as defined above.
(h) "Respondent" means any person subject to the jurisdiction of the Commission to whom an order or notice is issued by the Commission; and any person subject to the laws, rules, regulations and orders administered or promulgated by the Commission against whom any complaint is filed.
(i) "Case" or "Docket" means any matter formally docketed by the Commission from the time of the initial filing or action instituting the case or docket through the final order, future ordered action, and the appeal process.
(j) "Tariff" means every individual or joint rate, classification, fare, toll, charge or other compensation, in the plural number as well as in the singular, for service rendered or to be rendered by any public utility, and every rule, regulation, requirement or privilege in any way relating to such rate, fare, toll, charge or other compensation, and any schedule or tariff or part of a schedule or tariff thereof.
Section 104. Filing of Applications, Other Documents and Communications, Amendments and Determinations of Time (Except for Transportation Matters Filed Under Chapter VIII of These Rules);:
(a) All applications, petitions, formal complaints, motions or other communications should be addressed to the Commission and should designate the Commission docket number if known. The person filing or communicating should state his address and the party he represents. Any filing must be accompanied by appropriate fees as required by law. If the Commission is of the opinion that any matter tendered for filing is deficient or incomplete, the Commission may decline to accept the matter as filed and shall advise the person filing where the deficiency lies. The date of receipt of a filing by the Commission and not the date of deposit in the mails is the receipt or filing date for all purposes in these rules.
(b) All persons filing applications, petitions, formal complaints or motions, shall file at least eight copies thereof, typed, printed or otherwise legibly reproduced, so far as practicable, on 8 ½ by 11 inch paper with sufficient margins for use in loose-leaf ring binders. The Commission may require the Applicant or other filing party to file additional copies of the complete Application; or may require Applicant or other filing party to serve Parties on a service list or lists that the Commission will provide and maintain, and to certify to such service.
(c) Prefiled testimony and exhibits shall be filed by applicants, intervenors and staff in the manner and at the time designated by the Commission by separate order.
(d) Proposed amendments to any application or pleading filed with the Commission may be allowed. However, if the Commission determines that the proposed amendment materially or substantially alters the initial filing to the extent that it presents a new set of facts or considerations requiring substantial reconsideration and repreparation by the Commission, its staff, or any other parties, or concerning which amended filing the public or parties have not been and must be adequately noticed under the Wyoming Administrative Procedure Act, the Commission will require notice be given of the amendment pursuant to Section 106 of these Rules and may with and in that notice order the filing date of the amendment to thereafter be the initial filing date for all purposes in that proceeding, including for the purpose of calculating the rate suspension periods under W.S. 37-3-106 (1977) as may be amended. The Commission may as a result of a filed amendment reset the date of any previously scheduled public hearing. Proposed amendments that the Commission determines will impair the rights or interests of other parties, or the public may be denied, set over to be considered separately, or be considered in the same case along with the application or pleading proposed to be amended.
(e) The Commission may during any public hearing in a case permit or order any party to file at a set time after the public hearings in the case have been completed, late filed exhibits which may include any document, map, printed material or physical evidence not reasonably available for the public hearings, such permission or order shall not be given unless all parties agree to the filing, each waives right of cross examination thereon, and each is given the opportunity to respond by written comment to the exhibit after it is filed. Any responses to a late filed exhibit shall be made part of the record in the case and be considered by the Commission along with the late filed exhibit.
(f) Applications for authority to establish or change tariffs shall be in compliance with the provisions of Chapter II, Section 212 of the Commission's Regulations. However, documents filed in support of the application shall be in compliance with subsection (b) of this section.
Section 105. Service. Unless otherwise directed by the Commission, all documents requiring service shall be served upon all parties to the case or docket and proved in accordance with the Wyoming Rules of Civil Procedure.
Section 106. Notice. Notice of hearing shall conform to the Wyoming Administrative Procedure Act. The manner and time for giving notice shall be as follows:
(a) As specifically required by statute.
(b) In all cases requiring a hearing or notice the Commission shall give or direct the utility to give reasonable notice to all interested persons either by mail, by general publication, or in any other manner ordered by the Commission.
(c) Notice of an application to establish or change tariffs shall be given in the manner provided by Chapter II, Section 212 of the Commission's Regulations.
Section 107. Subpoenas.
(a) Subpoenas, requiring the attendance of witnesses at any designated place of hearing or for the production of books, papers, or other documents, may be issued by members of the Commission or by the designated hearing officer, upon written application of any party or upon motion of the Commission in accordance with the Wyoming Rules of Civil Procedure and the Wyoming Administrative Procedure Act. The party seeking the issuance of subpoenas shall supply the same for Commission signature.
(b) Subpoenas for the production of books, papers or documents shall set forth the items to be discovered with particularity.
(c) All subpoenas shall be served by personal delivery or in any other manner permitted by the Wyoming Rules of Civil Procedure to the party served.
(d) Cost of the subpoenas shall be paid by the party requesting the service.
Section 108. Depositions. In any contested case before the Commission, the taking of depositions shall be governed by and shall be available to the parties and to the Commission on its own motion in accordance with the provisions of the Wyoming Administrative Procedure Act.
Section 109. Discovery Generally. In all contested cases discovery shall be available to the parties in accordance with the provisions of the Wyoming Administrative Procedure Act.
(a) Any party seeking to set, shorten or lengthen the time allowed for discovery shall do so by motion to the Commission, and the same may be allowed for good cause shown.
(b) Although prefiled hearing exhibits filed according to Section 104 may be made available to the parties in any contested case, the completeness of the exhibits or lack of timeliness of making such exhibits available will not in and of itself be considered a failure to comply with discovery procedures.
Section 110. Witness Fees. Witnesses who are summoned before the Commission are entitled to the same fees as are paid for like service in the District Courts of the State of Wyoming. Such fees shall be paid by the party at whose insistence the testimony was taken.
Section 111. Appearances.
(a) Appearances and representation of parties shall be made as follows:
(i) An individual may appear and be heard in his own behalf.
(ii) A co-partnership may appear and be represented by a co-partner.
(iii) A corporation may appear and be represented by a corporate officer or a full time employee of said corporation.
(iv) A municipal corporation or its board of public utilities may appear and be represented by a municipal officer, a member of said board or a full-time employee of said municipality or board.
(v) An unincorporated association may appear and be represented by any bona fide general officer or full-time employee of such association.
(vi) Any party to a proceeding may appear and be represented therein by an attorney at law who is duly admitted to practice in Wyoming and is an active member of the Wyoming State Bar. No attorney from any other state shall be entitled to enter his appearance in, prosecute or defend any action or proceeding pending before the Commission unless he shall have associated with him in such action or proceeding, and present with him at all hearings upon the matter, an active member of the Wyoming State Bar.
(b) Any person appearing in a proceeding before the Commission shall conform to the recognized standards of ethical conduct.
(c) Nothing contained herein shall prohibit staff members of the Commission from interrogating witnesses or otherwise fully participating in proceedings before the Commission. However, whenever the staff determines to present evidence adverse to a party in a contested case, it shall notify all parties either orally or in writing of its intention to do so not later than ten days prior to the scheduled hearing date unless otherwise ordered by the Commission.
Section 112. Computation of Time, and Continuances and Extensions.
(a) In computing any period of time prescribed or allowed by these Rules, the day of the act, filing, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or generally accepted legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or generally accepted holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and generally accepted legal holidays shall be excluded in the computation.
(b) Any request for extension of time or continuance shall be made by written application to the Commission, or a request of record during a public hearing may be made by a party. Extensions of time or continuances shall be allowed at the discretion of the Commission.
Section 113. Intervention.
(a) Any person or public utility affected by any application, petition, formal complaint or motion filed before the Commission and who seeks to become an intervenor in any proceedings involving the same, shall petition for leave to intervene in such proceedings prior to or at a time set by the Commission in its notice of hearing, but not thereafter except for good cause shown. The petition shall set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding and if affirmative relief is sought, the same shall conform to the requirements for a formal application, complaint or petition. (See subsection (g) of Section 103 of this Chapter for matters relating to motor and rail carriers.)
(b) The party intervening must serve notice of such proposed intervention on all parties of record to the proceeding.
(c) If leave is granted, the petitioner shall become an intervenor and a party to the proceeding with right to have notice, appear at the taking of testimony, produce and cross-examine witnesses, and be heard on the argument of the case.
Section 114. Complaints.
(a) Any person, municipality, public utility or the Attorney General may file a complaint regarding any matter under the Commission's jurisdiction.
(b) Informal complaints. Complaints which do not contain a request for a hearing may be made in person, by letter, by telephone, by facsimile transmission, or by other means.
(i) Nothing in these Rules shall prevent the Commission, upon its own motion, from requesting a written complaint and investigating or holding a hearing on the complaint.
(ii) No form is prescribed for a complaint presented in the above manner, but in substance it must contain a clear and concise statement of all the facts involved, the name, address and telephone number of the complainant and the name of the utility against which the complaint is made.
(iii) The Commission may direct the utility by telephone to promptly investigate and respond to the informal complaint, and a copy of the informal written complaint, or documentation of a verbal complaint shall be forwarded by the Commission to the utility with directions to investigate and respond within a reasonable time.
(iv) The complainant or utility may request a hearing on any unresolved informal complaint.
(v) The complainant and utility may resolve any complaint by an agreement.
(c) Formal complaints. Complaints requesting a hearing shall be prepared and filed with the Commission and contain the following information:
(i) The names of all complainants must be stated in full and the address of each complainant with the name and address of his attorney, if any, must be given.
(ii) A statement in ordinary but concise language of the facts on which the complaint is based, including whenever possible reference to the statutes, rules or orders that the complainant alleges have been violated, as well as a request for hearing.
(iii) When directed to do so by the Commission, the complainant shall serve a copy of the complaint, together with a copy of the Commission's order requiring the respondent to answer the complaint, upon the respondent. Service shall be had in the manner provided by 105 of these Rules.
(d) Answers to Formal Complaints.
(i) Unless otherwise ordered by the Commission, within twenty (20) days after the date of receipt of the formal complaint by the respondent, the respondent or respondents complained of shall file an answer.
(ii) All answers shall contain in concise language any defenses to each claim asserted and shall admit or deny in whole or in part each claim presented by the complainant. If the respondent in good faith intends to deny each claim presented, a general denial is allowed.
(iii) If a respondent satisfies a formal complaint, either before or after answering, a stipulation of dismissal signed by both complainant and respondent shall be filed with the Commission.
Section 115. Hearings.
(a) A public hearing shall be held when a public hearing is required under the Wyoming Administrative Procedure Act. A public hearing shall also be held when ordered by the Commission.
(b) As nearly as possible, hearings shall be conducted in accordance with the following order of procedure:
(i) The presiding Commissioner or the designated hearing officer shall call by docket number and title the case to be heard.
(ii) The parties will each be allowed an opening statement to briefly explain their position to the Commission and outline the evidence they propose to offer together with purpose thereof.
(iii) Parties' evidence will be heard. Witnesses may be cross-examined by the opposing parties or their attorneys or by members of the Commission and staff and legal counsel for the Commission.
(iv) The presiding Commissioner or designated hearing officer may allow, in his discretion, evidence to be offered in any sequence.
(v) Upon motion and approval by the Commission, the Commission may allow into evidence, after service of copies on all parties of record and the same having been filed in advance of the hearing date, in a manner prescribed by the Commission, the direct testimony of a witness to be in writing, question and answer form, upon the witness being sworn and identifying the written testimony. It may be received into the record as if read, in accordance with W.S. 9-4-108 (1977) as may be amended. The witness giving such testimony in writing shall be subject to cross-examination and such evidence shall be received into the record subject to a motion to strike. The written testimony must be served on all other parties at a time set by the Commission in advance of the hearing sufficient to allow a reasonable time to prepare cross-examination.
(vi) Closing arguments of the parties will be made in the manner set by the presiding Commissioner or designated hearing officer.
(vii) Time for oral argument may be limited by the presiding Commissioner or designated hearing officer.
(viii) The presiding Commissioner or designated hearing officer may recess the hearing as required.
(ix) After all parties have been offered the opportunity to be heard, the presiding Commissioner or designated hearing officer shall declare the hearing closed. The hearing may be reopened at a later date, for good cause shown, by order of the Commission upon motion by a party or on the Commission's own motion. Nothing herein shall preclude the Commission from requesting and receiving late filed exhibits.
(c) The presiding Commissioner or designated hearing officer may, at his discretion, require parties to tender written briefs and set the time for filing such briefs, but all parties as a matter of right shall upon request be permitted to file a brief or proposed Findings of Fact and Conclusions of Law at a time designated by the presiding Commissioner or hearing officer.
Section 116. Rehearings.
(a) Within thirty (30) days after the entry of an order by the Commission, any party may petition the Commission for a rehearing in respect to any matter determined therein.
(b) The petition shall contain the following information:
(i) The name and address of the petitioner;
(ii) A statement in ordinary, but concise, language setting forth the facts upon which the petition is based, including whenever possible reference to the statutes, rules or orders that are relied upon.
(c) Service upon all parties of record of the petition for rehearing shall be had in the same manner as provided for in Section 105 of these Rules.
(d) Unless the Commission determines that a longer time is required, all parties served with a copy of the petition shall have ten (10) days from the date of service in which to file a response.
(e) Upon the expiration of time for filing responses, the Commission will give consideration to such applications and any answers thereto that may be filed and will make such decision and order as appears to be warranted. In the event a rehearing is granted, notice of hearing shall be given in the same manner as provided for in Section 106 of these rules.
Section 117. Motions. The Commission, or a designated hearing officer, upon reasonable notice to all parties, may hear orally, or otherwise, any motion filed in connection with any matter presented to the Commission.
Section 118. Pre-Hearing Conference.
(a) At a time on or before the day of the hearing, the Commission, on its own motion or upon the motion of any party, may direct the parties to appear before the Commission or the designated hearing officer to consider:
(i) The simplification of the issues;
(ii) The necessity or desirability of amending the pleadings;
(iii) The possibility of obtaining admissions of fact and of documents to avoid unnecessary proof;
(iv) The hearing dates and other schedules; and
(v) Such other matters as may aid in the disposition of the case.
(b) Such conferences shall be conducted informally. A memorandum will be prepared as directed by the presiding officer which recites the action taken at the conference, amendments allowed, agreements of the parties and limitation of the issues to those undisposed of by admissions or agreements of counsel and the parties. The pre-hearing memorandum will control the course of the hearing unless modified by the Commission or designated hearing officer to prevent manifest injustice, and all pre-hearing agreements shall be subject to the approval of the Commission or designated hearing officer.
Section 119. Settlements. Informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default, upon approval of the Commission.
Section 120. Confidentiality of Information.
(a) Upon application, and for good cause shown, the Commission shall deem confidential any information filed with the Commission or in the custody of the Commission or staff which is shown to be of such sensitive nature that disclosure of the information would jeopardize the interests of the person filing the application. Such information shall not be disclosed by, or discussed by, the Commission or Commission staff with any other person except upon written notice to the person filing such application, affording that person the right to a hearing prior to any such disclosure and an opportunity to be heard upon the reasons for maintaining the confidentiality of such information.
(b) Procedure for confidential treatment of filed information except that filed pursuant to discovery and investigation.
(i) Any person filing for confidential treatment of information (except as directed by the Commission in investigation and discovery matters) shall file a petition which must include the following information:
(A) Identify the assigned Docket, if applicable.
(B) Title the filing as: Petition for Confidential Treatment of __________________.
(C) The petition shall include numbered listings and explanations in adequate detail to support why confidentiality should be authorized for each item, category, page, document or testimony. Each item, category or page of proposed confidential information shall be numbered in the right hand margin so that the numbering corresponds with the numbering and detailed explanation(s) in the Petition. If only part of a page, or intermittent parts of pages, are requested to be kept confidential, these should be set off by brackets identified with an item number or numbers. Each page containing information for which confidential treatment is requested shall be marked or stamped at the top in capital letters: CONFIDENTIAL INFORMATION.
(D) The petition may request return or other final disposition of
the information.
(ii) All information authorized to be filed under this rule, including information, testimony or evidence permitted by the Commission to be taken in camera, shall be sealed and retained in secure areas in the Commission’s offices. All information for which confidential treatment is requested shall be treated as confidential until the Commission rules whether, and to what extent, the information should be given confidential treatment.
(iii) If the person petitioning for confidential treatment of information intends that parties in a case may have access thereto upon signing a statement that the information shall be treated as confidential, the petitioner shall prepare a proposed order for the Commission’s approval and signatures with an attached form to be signed by parties and made part of the Commission’s permanent file in that case.
(iv) Information in the Commission’s confidential files shall be retained for the period of time requested, returned or destroyed, as determined by the Commission, unless otherwise requested by the petitioner and authorized by the Commission. On an appeal of a Commission final order, the confidential information or record shall be sealed and delivered to the court as part of the record file pursuant to W.S. 16-3-107, 16-3-114 and 16-3-115 of the Wyoming Administrative Procedure Act.
(c) Special procedure for confidential treatment of information filed in the discovery or investigation processes.
(i) The Commission may require or authorize utilities or other persons in the discovery or investigation processes to file information, for which confidential treatment is requested, directly and exclusively with Commission staff (including Consumer Representative Staff) or with other persons who have satisfactorily demonstrated a valid interest to the Commission.
(ii) The Commission may authorize staff (including assigned Consumer Representative Staff) and other persons to enter into agreements to treat information as confidential under this special procedure. Any filing held by Commission staff or any other authorized person on this expedited confidential basis, shall be treated as confidential unless otherwise ordered by the Commission.
(iii) Information submitted directly to the Commission staff shall be filed by means of a cover letter, with a copy to the Commission, which generally identifies that information in the filing for which confidential treatment is requested. A person seeking to introduce any of this information as evidence in a public hearing record under the confidentiality basis, must then file a petition in the form and detail set forth in subsection (b) of this Rule.
(d) Procedural hearing on protests of confidential treatment of information.
(i) The Commission will set a hearing if any person contests the Commission’s authorization or denial of the confidential treatment of any information.
(e) Burden of Proof. The burden of proof is upon the person seeking confidential treatment for information. The original supplier of information (if different than the person petitioning for confidential treatment) may be directed by the Commission to share the burden of proof.
(f) Medical and financial records. The medical and financial records of any utility customer shall be treated as confidential under this rule except as otherwise directed by the Commission.
Section 121. Transcript of Testimony. Copies of the transcript of testimony taken by the Commission or designated hearing officer at any hearing may be obtained by any party thereto or any person interested therein from the reporter taking the testimony at such fee as he or she may charge therefor.
Section 122. Expedited Proceedings. Upon motion, and for good cause shown, or on its own initiative, the Commission may order expedited proceedings in any matter before the Commission. Expedited proceedings shall be scheduled and conducted in a manner consistent with the full and fair determination of the matter.
CHAPTER V
SPECIAL REGULATIONS ‑ TELEPHONE UTILITIES ONLY
Section 500. Telecommunications Universal Service Fund
(a) All definitions and provisions in W.S. § 37-15-103 and W.S. § 37-15-104 are incorporated herein by reference.
(b) The Commission may contract for the services of a Universal Service Fund manager who shall perform routine collection, distribution, and other activities related to the Universal Service Fund, subject to the oversight and direction of the Commission. The manager's compensation and necessary related expenses shall be incorporated into the required Universal Service Fund contributions and paid from the fund.
(c) No later than February 15th of each year, all telecommunications companies shall provide the information required by the Commission and/or the Universal Service Fund manager to perform the computations necessary for collection and distribution of the Universal Service Fund. This information may include names and addresses of purchasers of intrastate access from each local telecommunications provider, names and addresses of pay telephone providers purchasing access to the local telecommunication provider's system, and rate and customer data. Specific customer data provided to the Commission and/or the fund manager under this section shall be deemed confidential unless otherwise determined by the Commission. The Universal Service Fund manager shall not request information from telecommunications companies without prior Commission approval.
(d) The Universal Service Fund shall be audited, by an independent accountant not affiliated with the fund manager, no more frequently than annually and no less frequently than every three years. Expenses related to audits shall be included in the administrative cost of the fund and shall be incorporated in the required Universal Service Fund contributions and paid from the fund. The independent accountant shall be selected by the Commission under all applicable procurement rules. No accountant shall be eligible to perform more than three (3) consecutive audits.
(e) No later than October 1st of each year, the fund manager shall submit a report to the Commission and to each telecommunications company that contributes to the Universal Service Fund. This report shall summarize the preceding year's activity and shall include:
(i) a statement of collections and distributions from the Universal Service Fund;
(ii) a record of total cost of Universal Service Fund administration; and
(iii) audit reports and recommendations provided by the independent accountant.
(f) The administrative costs incurred by telecommunications companies associated with making payments into the Universal Service Fund shall not be used as an offset to the required contributions and shall not be incorporated into the funding calculation. Reasonable administrative costs may be treated as an operating expense.
(g) The statewide weighted average essential local exchange service price shall be computed by multiplying the number of residential and business access lines, providing essential telecommunications services as defined by W.S. § 37-15-103(a)(iv), plus the number of subscribers taking wireless service meeting the criteria stated in W.S. § 37-15-502 by the price applicable to each such line or subscriber, the product divided by the total number of access lines providing essential telecommunications services, plus the total number of subscribers taking supported wireless service. The price used in the computation shall include all standard charges associated with each telecommunication company’s essential local exchange service or each wireless company’s supported wireless service. Such charges include, but are not limited to: the essential local exchange service price, whether flat rated or measured; touch-tone; as well as zone and mileage charges. The computation of the weighted statewide average essential local exchange service price shall exclude bill credits related to prior period Wyoming Universal Service Fund receipts; federally mandated customer access line charges; mandatory extended area service charges; surcharges for 9-1-1; franchise taxes; the telephone assistance program surcharge; and other similar charges or taxes. The manager shall annually compute both the statewide weighted average essential local exchange service price and each telecommunications provider’s essential local exchange service price in a consistent manner based on end of calendar year line counts and prices authorized by W.S. § 37-15-203 and W.S. § 37-15-204, taking into account the classification options available to telecommunications companies under paragraph (h) of this rule. The manager’s computation of the statewide weighted average essential local exchange service price shall also include the reported prices for supported wireless services.
(h) Each telecommunications company shall report its essential local exchange service price separately for each distinct geographic area, zone or mileage grouping, or other distinct customer grouping to which differences in essential local exchange service prices apply. The fund manager shall apply the provisions of subsections (g) and (p) in determining required Universal Service Fund distributions under W.S. § 37-15-501(d). Distributions for a supported wireless service shall not exceed the amount of per line support that would have been available to a wireline telecommunications customer in the geographic service area in which the supported wireless service is offered.
(i) Mid period revisions to a telecommunications company’s essential local exchange service price or to a supported wireless service, for purposes of drawing from the fund, shall only be permitted upon application and approval by the Commission.
(j) Each company’s incremental Federal Universal Service Fund receipts resulting from changes in the company’s high cost loop fund support shall also be credited, monthly, to the bills of customers on a per line basis. The amount of the credit for each of the customers shall be computed and authorized by the Commission, in a manner consistent with federal receipt of such funds. The total amount of this credit shall equal the difference between the amount of Federal Universal Service Funds received in the most recent calendar year and the amount of Federal Universal Service Funds most recently used in the computation of rates.
(k) No
later than April 1st of each year, the Universal Service Fund manager shall
file, with the Commission and with each affected telecommunications
company, a report that details the computation of the recommended assessment
rate that shall be applied to gross retail revenues. This recommended
assessment rate shall be based on the computed amounts needed for payment to
telecommunications companies, the prior year gross retail revenues, and any over
or under collection in the fund from the previous year. Wyoming Universal
Service Fund assessment charges shall appear as a separate line item on each
customer’s bill unless a specific waiver is requested and granted by the
Commission.
(l) No later than May 15th of each year, the Commission shall by order set the Universal Service Fund assessment rate for the twelve-month period beginning July 1st of each year.
(m) All
telecommunications companies realizing intrastate revenue from operations in Wyoming are required to report such gross revenues to the fund manager, and pay into
the fund the assessment amount calculated by multiplying the company’s gross
revenue, less any wholesale transactions described in paragraph (n) by the
assessment rate. Reports of revenue and payments of assessment are required no
less often than quarterly. The due date of such reports and payments shall be
determined for an individual telecommunications company as follows:
(i) If the assessment for the first or second month of the calendar quarter (plus any unpaid assessment amount of $100 or less from any prior month of the calendar quarter) exceeds $100, then the report of revenue and payment of assessment for such period is due on or before the last day of the month after the month in which the unpaid assessment exceeded $100. If the assessment is $100 or less, a report and payment is not required, and the unpaid assessment shall carry over to the next month. The report of revenue and payment of assessment whatever the amount, is required on or before the last day of the first month after the end of any calendar quarter in which a telecommunications company realizes any intrastate revenue from its operations in Wyoming.
(ii) Assessments not timely paid shall be subject to a late payment charge equal to one and one-half percent (1.5%) on the unpaid amount for each month, or part thereof, that the assessment remains unpaid.
(n) The Universal Service Fund assessment rate shall apply only to retail telecommunications service revenues and shall not apply to revenues associated with wholesale services. For purposes of this section, wholesale services include any service which is resold, with or without additional value-added features, to end users by the purchaser of that service, except lines purchased and resold by internet service providers. Wholesale services also include, but are not limited to: switched access; the use of software defined network services for purposes of resale; interconnection for the resale of local services; public access lines used to serve pay telephones; lines used to serve radio common carriers; and the use of wide area telecommunications service for the purposes of resale. The Universal Service Fund assessment shall not apply to non-telecommunications services including, without limitation: one-way transmission of radio or television signals for broadcast purposes; billing and collection services; inside wire and premise cable installation and maintenance; directory services; private telecommunications networks; non-voice data services not operated by a company providing local exchange services; and internet services, even if provided by a local exchange company.
(o) Affected telecommunications providers subject to paragraph (k) of this rule include but are not limited to: local exchange companies; competitive access providers; interexchange companies; cable companies providing telephony; cellular providers; wireless providers; commercial radio common carriers; personal communications service providers; paging service providers; and pay telephone providers. All telecommunications companies as defined by W.S. § 37-15-103(a)(xi) and companies which provide telecommunications services as defined by W.S. § 37-15-103(a)(xii) shall report and pay into the fund as provided for in paragraph (m).
(p) Distributions from the fund shall be made monthly. Pursuant to W. S. § 37-15-501(d) and W.S. § 37-15-502, and consistent with the Commission’s administration of the fund as specified in these rules, telecommunications companies shall receive funds to the extent that their essential local exchange service prices or supported wireless service price(s), after consideration of any contributions from the Federal Universal Service Fund, exceed one hundred thirty percent (130%) of the weighted statewide average essential local exchange service prices.
(i) Distributions to telecommunications companies shall equal: the sum of the products resulting from the difference, expressed in dollars, by which each essential local exchange service price or supported wireless service price exceeds one hundred thirty percent (130%) of the statewide weighted average essential local exchange service price multiplied by the total number of lines or subscribers to which that price applies.
(ii) Telecommunications
companies receiving Wyoming Universal Service Funds support shall
display the amount of such support as a separate line item credit on each
affected customer’s bill unless a specific waiver is requested and granted by
the Commission.
(q) Unlimited use of local exchange service shall be provided without any additional charge to end users as part of the supported wireless service.
Section 501. Quality of Service.
(a) Sections 501 and 503 of these rules shall apply to all telecommunications companies as defined in W.S. § 37-15-103(a)(xi). The Commission, upon application and for good cause shown, may waive or modify any specific provision of these service quality rules.
(b) Failure to adhere to any of the quality of service standards set forth in these rules may result in Commission action pursuant to W.S. § 37-2-215.
(c) Definitions. All definitions and provisions contained within W.S. § 37-15-103 and W.S. § 37-15-104 are incorporated herein by this reference. In addition, the following definitions apply:
(i) Application
for Service - Where a construction agreement is not required, an application
shall be considered made when the customer either verbally or in writing
requests service utilizing the provider’s designated service request
procedures. Where a construction agreement is required, an application shall
be considered as made when the customer accepts the provider’s cost
estimate as evidenced by the provider’s receipt of the applicable construction
agreement signed by the customer, and the customer makes any required advanced
payment to the provider.
(ii) Base Rate Area - The developed portion or portions within an exchange service area as defined in the provider’s tariffs. Service within this area is generally furnished at uniform rates without charges that vary with distance from the central office.
(iii) Busy Hour - The uninterrupted period of sixty (60) minutes during the day when the traffic level is at a maximum calculated as a twenty (20) day rolling average.
(iv) Calls - Customer’s telecommunications messages.
(v) Central Office -The inside plant of the provider as an operating unit, including the switch or remote switching terminal or module, or other central offices within the same or at other exchanges providing telecommunication services to the general public for terminating and interconnecting lines and trunks, for both local and long distance.
(vi) Channel - A transmission path for telecommunications between two (2) points. Channel may refer to a one-way path or, when paths in the two (2) directions are always associated, a two-way path. A channel is the smallest subdivision of a transmission system by means of which a single type of communication service is provided.
(vii) Class of Service - A description of telecommunications service furnished a customer, which denotes such characteristics as nature of use (business or residence) or type of rate (flat rate, measured rate or message rate). Classes of service are usually subdivided in grades, such as individual line, two (2) party or four (4) party.
(viii) Community of Interest - An area consisting of one or more exchanges in which the general population has similar governmental, health, public safety, business or educational interests, or a geographic area determined by the Commission.
(ix) Customer Trouble Report - Any customer report to the provider’s repair telephone number or written report to the provider relating to physical defects or operational deficiencies in the provider’s facilities. All reports received about a specific physical defect or operational deficiency shall be counted as one trouble report until the defect or deficiency is corrected.
(x) Customer - Any person, firm, partnership, corporation, municipality, cooperative, organization, governmental agency or other legal entity which has applied for, been accepted, and is currently receiving telecommunications service, network elements, interconnection and/or collocation. Customers include end-users as well as wholesale purchasers.
(xi) Decibel (dB) - The unit of measurement of the power of a sound or strength of a signal.
(xii) Decibel Above Reference Noise Level Using C-Message Weighting (dBrnC) - The reference noise level of one (1) picowatt is defined as “0 dBrnC.” C-message weighting is used to account for the frequency characteristics of a typical telephone set by specific weighting of the noise signal at various frequencies to determine the composite average noise signal value.
(xiii) Dual Tone Multi-Frequency Signaling (DTMF) - A method of signaling used on a local access line which uses a simultaneous combination of one of a lower group of frequencies and one of a higher group of frequencies to represent each digit of character transmitted from the customer’s station to the central office.
(xiv) Exchange - The entire telecommunications plant and facilities used in providing telecommunications service to customers located in a geographic area defined by tariff or price list. An exchange may contain more than one (1) central office switch location or wire center.
(xv) Grade of Service - The number of customers served on a telecommunications channel, i.e., one (1) party or multi-party.
(xvi) Held Service Order - An application for establishment of local exchange service or an order for interconnection, network elements, resold services and/or collocation in the service territory of a provider, which is not filled because of the inability or failure of the provider to do so, within thirty (30) calendar days after the date of the customer’s application. When the customer requests a service date more than thirty (30) days after the application date, the application shall be considered a held service order if not filled within thirty (30) days after the customer requested service date. The company shall make no distinction for the length of time an order is held or the estimated cost of fulfilling the order, no matter how large or small, to the end that all held service orders shall be tracked by the company.
(xvii) Hertz (Hz) - The unit of measurement for frequency which is equal to one (1) cycle per second.
(xviii) Intercept Service - A service arrangement offered by a provider so that calls placed to a disconnected or discontinued telephone number are intercepted and the calling party is informed that the called telephone number is no longer in service, has been discontinued, changed to another number or that calls are being received by another telephone number.
(xix) Interconnection - The linking of two (2) networks for the mutual exchange of traffic. This term does not include the transport and termination of traffic.
(xx) Local Access Line - The transmission service and facilities necessary for the connection between the customer’s premises and local network switching facility including the necessary signaling service used by customers to access essential telecommunications services.
(xxi) Local Calling Area - The geographic area approved by the Commission as a community of interest in which customers may make calls without payment of a toll charge. The local calling area may include other exchange areas in addition to the serving exchange area.
(xxii) Local Exchange Area (or Exchange Area) - The geographic territorial unit established by the Commission for the provision of telecommunications services. Calls within an exchange area are considered local calls. This definition is consistent with that found in W.S. § 37-15-103(a)(vii).
(xxxiii) Network
Element - A facility or equipment used in the provision of a telecommunications
service. Such term also includes features, functions and capabilities that are
provided by the means of such facility or equipment, including
subscriber numbers, data bases, signaling systems and information sufficient
for billing and collection or used in the transmission, routing or other
provision of a telecommunications service.
(xxiv) Out-of-Service - When the customer’s telephone service quality is such that the customer cannot effectively originate or receive calls, or otherwise use the service.
(xxv) Party Line Service - A grade of local exchange service which provides service to multiple customers by the same channel.
(xxvi) Provider - Any telecommunications company as defined in W.S. § 37-15-103(a)(xi).
(xxvii) Single Line Service - A grade of exchange service which provides that only one (1) customer shall be served by a single channel connecting the customer’s service location with the serving central office.
(xxviii) Standard Network Interface - The demarcation point between provider facilities and the customer’s inside wire.
(xxix) Station Equipment - A device and any other necessary equipment at the customer’s premises which allows the customer to establish and continue communication and which conforms to and does not exceed the requirements and specifications for the specific service ordered as described by price schedule, contract or tariff.
(xxx) Toll Service - The furnishing of switched telecommunications service between stations in different exchange areas or local calling areas. This service is also referred to as Message Telecommunication Service (MTS), Message Toll or Interexchange Telecommunications Service.
(xxxi) Wire Center - The facility housing the local equipment from which telecommunications services are furnished and outside plant is terminated, and which furnish service within a designated geographic area.
Section 502. Reserved for Future Use.
Section 503. Records and Reports.
(a) Access to Records. Records required by these rules shall be made available to the Commission or its staff at any reasonable time or upon request at the Commission’s office pursuant to W.S. § 37-15-401(a)(iv). Records identified as “confidential” and printed on yellow paper filed with the Commission or its staff under this section shall be afforded confidential treatment until otherwise determined by the Commission.
(b) Retention of Records. Records required by these rules shall be preserved for at least twenty-four (24) months after the date of entry of the record unless otherwise authorized by the Commission.
(c) Required Reports to be Filed with the Commission by Providers of Essential Telecommunications Services.
(i) A quarterly report of Held Service Orders.
(ii) A quarterly summary or a summary exception, showing the information as required by these rules in a form and format as directed by the Commission.
(iii) Service Interruption Reporting. The Commission adopts, in part, the Federal Communications Commission’s (FCC) requirements of reporting service disruptions to communications and reliability of infrastructure as defined in FCC Rule 47 C.F.R. §4.1 through 4.3, 4.5, 4.7, 4.9 and 4.11 as amended. These rules provide reporting requirements to enhance public safety and to provide for more consistent, timely and informative reporting of telecommunications service interruptions. Outage, service interruption and service disruption are used interchangeably in this rule to conform more completely to the FCC Rules, as amended, adopted herein.
(A) Reports filed under these rules are presumed to be confidential as defined in FCC Rule 47 C.F.R. §4.2 and Commission Rule §120.
(B) The following types of communications providers shall file the notification and reports required pursuant to 47 C.F.R. §4.11:
(1) Cable communications providers, as defined in 47 C.F.R. §4.3(a), or with Wyoming Certificates of Public Convenience and Necessity;
(2) Communications providers, as defined in 47 C.F.R. §4.3(b), or with Wyoming Certificates of Public Convenience and Necessity;
(3) IXC or LEC tandem facilities, as defined in 47 C.F.R. §4.3(c);
(4) Signaling System 7 (SS7), as defined in 47 C.F.R. §4.3(e), offering Wyoming SS7 service;
(5) Wireless service providers, as defined in 47 C.F.R. §4.3(f), but only in so far as the wireless provider is an Eligible Telecommunications Carrier (ETC) in Wyoming; and
(6) Wireline communications providers, as defined in 47 C.F.R. §4.3(g), with Wyoming Certificates of Public Convenience and Necessity.
(C) Definition of outage, special offices and facilities and 911 special facilities in FCC Rule 47 C.F.R. §4.5, in its entirety.
(D) Definition of metrics used to determine the general outage-reporting criteria, as defined in FCC Rule 47 C.F.R. §4.7, in its entirety.
(E) Outage reporting requirements threshold criteria, as defined in 47 C.F.R. §4.9, Subsections (a), (b), (d), (e) and (f).
(F) Notification and initial and final Service Interruption Reports that must be filed by the types of communication providers listed in Commission Rule 503(c)(iii)(B), and as described in Paragraph 1 of 47 C. F. R. §4.11:
(1) Initial notification shall be made via voice call to the Wyoming Public Service Commission or by other means approved by the Commission within 120 minutes of a Service Interruption, pursuant to the Commission’s Event Plan telephone number and procedure.
(2) The initial documented notification and final Service Interruption Reports shall be submitted electronically or by FAX or by same day courier.
(G) Report Format. The initial and final Service Interruption Report format will follow the guidelines as defined in the FCC’s most current Network Outage Reporting System, User Manual. The Service Interruption Report will be consistent with the FCC guidelines for outage reports in order to avoid unnecessary duplication and streamline the process, similar to the form of Section 901(j), (Form No. 10) of Chapter IX. These guidelines do not preclude the reporting entity from adding additional information it deems necessary.
(H) Planned Outage. A planned service outage for repair, upgrade, maintenance or modernization does not require a notification or report pursuant to these rules. Providers shall take reasonable steps to notify their customers in advance of such planned outage.
(I) By January 1 and July 1 of each year, every telecommunications provider shall submit to the Commission a current list of contact name(s) and telephone number(s) to be used when a Service Interruption occurs. The named individual(s) shall be knowledgeable about the technical aspects of Service Interruption(s), the estimated duration, the impact on customers and the possible cause. The contact information shall be maintained by the telecommunications provider on an ongoing basis and shall be updated immediately whenever a change in contact personnel or other contact information occurs. The Commission shall be notified if there is no change in the contact information provided by the dates listed above. The provider shall maintain contact persons available on a 24/7/365 basis.
(d) Records and Reports to be Maintained by the Provider.
(i) Complaints. The provider shall maintain an accurate record of all oral and written complaints. This record shall include the name, address and voice telephone number of the customer or complainant, the date, the nature of the complaint, and the action taken and shall be categorized to indicate the nature of the complaint. If the complaint is not satisfactorily resolved with the initial customer contact, the provider will determine:
(A) Whether any particular customer encounters the same type of failure, defect, deficiency or other difficulty frequently; and
(B) Whether five (5) percent or more of all complaints over a three (3) month period are related to the same type of failure, defect, deficiency or irregularity.
(ii) Held Service Orders.
(A) The provider shall keep records, by exchange or wire center, of each instance of a held service order. The record shall indicate the name and address of each applicant for service, the date of application, the class of service applied for, whether the held service is for a first line or an additional line, the reason for the delay, the expected date of service, the provider identification number and whether a construction agreement is required.
(B) Applicants for service shall be given written or verbal notice, which shall be documented by the provider, stating the cause for the delay, the expected date of service and all remedies available to the customer pursuant to these rules. The provider shall give such notice as soon as the provider expects a delay in providing service to the customer. The customer shall be notified immediately if the expected date of service changes.
(C) When the number of held service orders in a wire center or exchange exceeds the lesser of two (2) percent of the access lines in the wire center or ten (10) orders the provider shall maintain and file with the Commission on a monthly basis a summary of applications for each affected wire center or exchange showing the total number of held service orders categorized by reason for delay and by dates of application. The provider shall be prepared to make other held order reports as may from time to time be requested by the Commission.
(iii) Maintenance and Operations Records. Records of the tests and inspections, necessary for the provider to fulfill the requirements of these rules, shall be maintained by the provider as required by these rules. These records shall also include significant nonroutine corrective maintenance actions or monthly traffic analysis summaries for network administration. Corrective maintenance records shall identify the line or facility tested or inspected. The records shall include sufficient detail to show that adequate testing conditions existed and that timely and effective corrective action was undertaken.
(iv) Trouble Reports. The provider shall maintain trouble reports by wire center or exchange through which patterns and trends indicating the need for plant improvement may be identified.
(v) Record of Construction Charge Estimates. The provider shall maintain a record of each issuance of a construction charge estimate, as set forth in Section 507(a) of these rules. The record shall include the name and address of each applicant for service, the date the construction charge estimate was sent to the applicant, the class of service applied for, if the request was for a first line or an additional line, the dollar amount of the estimate, a listing of materials needed and whether the estimate involved a group of applicants.
(e) Waiver of Reporting and Records Maintenance Requirements. Upon meeting or exceeding Quality of Service goals approved by the Commission, or for other good cause shown, reporting and records maintenance requirements under this Section may be reduced or suspended for a time certain subject to application and Commission approval.
Section 504. Relations Between Customer and Provider.
(a) Complaints.
(i) Prompt Investigation. The provider shall fully and promptly investigate and respond to all oral and written complaints made by its customers requiring significant involvement by the provider. The provider shall notify the customer promptly of its proposed disposition of the complaint after having made a good faith attempt to resolve the complaint. Upon request, the provider shall inform the customer in writing of its proposed disposition.
(ii) Provision of Information. When the provider receives an oral or written customer or applicant complaint from the Commission or its staff, the provider shall make a suitable investigation and advise the Commission or its staff of the results. The provider shall make an initial oral or written response to the Commission or its staff within five (5) working days after the receipt. Upon the request of the Commission or its staff, the provider shall make a written final response detailing the disposition of the complaint.
(b) Public Information.
(i) Business Offices. The provider shall provide access to qualified personnel, in person or by telephone, to information relating to service and rates, to accept and process applications for service, explain charges on customer’s bills, adjust charges made in error and to generally act as representatives of the provider. If one business office serves several exchanges, toll-free calling from those exchanges to that office shall be provided.
(ii) Information Available to the Public. The provider shall give relevant information to customers and applicants upon request. The information shall include the following:
(A) Tariffs, prices, price schedules and terms and conditions of service applicable to the service being requested;
(B) Maps for each exchange served by the business office showing the exchange, base rate area, zone and wire center boundaries in sufficient size and detail from which customer locations, mileage and zone charges can be determined from these boundaries;
(C) Information about the present and intended future availability of service and features at customer specified locations;
(D) Publicly announced information concerning plans for major service changes in the area served by the business office; and
(E) Information pertaining to services and rates as proposed in pending tariff or rate change filings.
(iii) Providers making prices for generally offered competitive services available to the public access through the Internet, World Wide Web or other similar electronic means then offering at least the same degree of public access and functionality shall provide the Commission with a current Uniform Resource Locator (URL) for each location at which such prices are posted by the provider, or alternatively, shall provide such information directly to the Commission in written or electronic form readable by a common computer software application.
(c) Discontinuance of Service to Customers. Except as provided in the following sections, no provider shall discontinue service to customers for violation of any of its rules and regulations or for nonpayment of bills covering such service until the provider shall have first given at least seven (7) days written notice to the customer of such violation or delinquency and of its intention to disconnect service on account thereof. Such notice shall be considered to be given when a copy thereof is provided to the customer, delivered to the premises where service is rendered or posted in the United States mail addressed to the customer’s last known address.
(i) After the notification period has elapsed and the delinquent account has not been paid, nor arrangement made with the provider for the payment thereof, or in the case of a violation of the provider’s rules the customer has not satisfied the provider that such violation has ceased, the provider may discontinue service without further notice.
(ii) Any provider may discontinue service to a customer without advance notice and without notice of termination of the agreement for service in the event of: (a) fraudulent use of the provider’s service or where it is deemed necessary by the provider to protect itself against the imposition of large indebtedness; (b) the use of obscene or profane language over lines of the telephone company; (c) the listening on party line conversations and other similar infractions affecting the quality of telephone service; or (d) where a safety hazard is found to exist on the customer’s premises.
(iii) Internet service providers and other persons or entities offering internet related service to the public, other persons or entities, which thereafter ultimately provide the internet related services to the public by resale or otherwise, constitute a special class of retail customer for purposes of discontinuance of service. Discontinuance of service to such customers shall be subject to the requirements of this subsection.
(A) If any local telecommunications service provider furnishes a telecommunications service to any competitive local exchange carrier, internet service provider or other person or entity (the Dependent Provider), which furnishes internet related service to the public, and other persons or entities which thereafter ultimately provide the internet related service to the public by resale or otherwise the local telecommunications service provider shall not interrupt or disconnect service to the Dependent Provider until it shall first have given fourteen (14) days prior notice by telephone and registered mail to the Dependent Provider and the Commission, stating its intention to disconnect or interrupt the service, describing the condition which could require the impairment or interruption of the Dependent Provider’s service to its customers and suggesting how the problem could be resolved.
(B) A Dependent Provider, whether or not under the jurisdiction of the Commission, should notify its customers within seven (7) days of receiving notice from the local telecommunications service provider, including information necessary to allow the Dependent Provider’s customers to plan for a disruption or disconnection of service in the event that the Dependent Provider and the local telecommunications service provider cannot resolve the problems which could lead to such a disruption or disconnection. A copy of the notice should be filed with the Commission immediately.
(C) If Dependent Provider gives and files these notices in a timely manner and the problem leading to the possible disruption or disconnection of service to the Dependent Provider has not been resolved by the parties, the Commission may, after an emergency hearing or otherwise, make such order and take such other action as the public interest may require to continue emergency telecommunications services to the customers of the Dependent Provider without placing an unfair financial burden on the local telecommunications service provider.
(iv) Billing Disputes. If a telecommunications bill, or part of a bill, is in dispute and, if the customer pays the utility bill or portion not in dispute, the telecommunications carrier may not disconnect service for nonpayment of the disputed bill or part of a bill while the dispute is unresolved.
(d) Reconnection After Service Discontinuance. Whenever service has been disconnected on account of a violation of the rules and regulations, nonpayment of bills or fraudulent use of service and the customer desires the service to be reconnected, the provider may require the customer to pay in full all bills due for service rendered up to the date service was discontinued, plus such reasonable reconnection charge as is stated in the provider’s rules and regulations on file with the Commission; provided, that the provider shall not be required to restore service in such cases until the customer has complied with all of the provider’s rules and regulations with respect to service reconnections. Each provider shall state by separate rule or regulation for reasonable periods of time for disconnection for violation of its rules and regulations other than failure to pay utility bills.
(e) Advance Payment for Service. Each provider may require an applicant for service to pay in advance of the establishment thereof the monthly service charge and fixed charges applicable for the first month under their contract.
(i) If one or more of the criteria outlined below apply to the applicant or customer, the utility may require a deposit:
(A) The customer or applicant has outstanding a prior service account with the utility that at the time of application for service remains unpaid and not in dispute;
(B) The customer's or applicant's service from the utility has been terminated for one or more of the following reasons;
(1) Nonpayment of any undisputed delinquent bill;
(2) Failure to reimburse the company for damages due to negligent or intentional acts of the customer;
(3) Obtaining, diverting, or using service without the authorization or knowledge of the utility.
(C) Information provided by the applicant upon application for service is materially false or materially misrepresentative;
(D) The applicant is applying for service for the first time with that utility;
(E) The applicant did not have service with the utility for a period of at least twelve consecutive months during the last four years;
(F) The applicant or customer does not pass an objective credit screen;
(G) The applicant requests service at a location where a former customer who has a past due balance for service still resides or conducts business;
(H) The applicant for service, or the customer, has sought any form of debt relief under the federal bankruptcy laws, has been brought within the jurisdiction of the bankruptcy court, or has had a receiver appointed in a state court proceeding, within the five (5) year period immediately preceding the request for service, then a deposit may be demanded as allowed by the Federal Bankruptcy Act of 1978, as amended, or as directed by the state court.
(ii) The required deposit shall not exceed the amount of an applicant’s average estimated bill for sixty (60) days of service. A utility shall not require a deposit as a condition of new or continued utility service based upon property ownership or location, income level, source of income, employment tenure, nature of occupation, race, creed, sex, age, national origin, marital status, number of dependents, or any other criterion not authorized by these rules. Rules governing deposits shall be applied uniformly.
(iii) Simple interest on the deposit shall be calculated by the utility on the deposits at the rate that is assigned by the Commission. Interest will only apply for deposits held for at least six months, but will accrue from the initial date of deposit. The Commission assigned interest rate will be computed by taking the arithmetic average of the following: (1) the sum of the twelve monthly 1-year U.S. Treasury constant maturity rates for the previous twelve- month period ending September 30th, or the last business day of September if not the 30th, divided by twelve (12), as published in the Federal Reserve Economic Data available at www.FederalReserve.gov and (2) the bank prime loan rate at the close of business on September 30th, or the last business day of September if not the 30th, also as published in the Federal Reserve Economic Data available at www.FederalReserve.gov. The Commission assigned interest rate shall be in effect for the following calendar year beginning January 1st and ending December 31st. The Commission will provide notice of the assigned interestrate by November 30th of each year.
(iv) The utility having on hand deposits from customers or hereafter receiving deposits from them, shall keep records to show:
(A) the name and address of each customer making the deposit;
(B) the date and amount of deposit; and,
(C) each transaction concerning the deposit.
(v) The utility shall issue to the customer from whom a deposit is received a non-assignable receipt or other record of deposit, showing the date and amount received.
(vi) The utility shall maintain a record of deposits whereby a customer who requests return of a deposit shall have the deposit returned in accordance with these rules, even though the customer is unable to produce the original record or receipt.
(vii) Interest on customer deposits shall be calculated upon return of the deposit, for the time the deposit is held by the utility. Interest will be computed to the date the deposit is personally returned or mailed to the customer. Payment to the customer may be made either by a check or by a credit made to the customer’s account, as follows;
(A) The customer may request to have the interest earned on the deposit paid to them, or paid toward the utility bill, on an annual basis using the anniversary date of the deposit if the amount of accrued interest equals or exceeds fifty per cent (50%) of the customer’s average monthly bill, or one thousand dollars ($1,000.00), whichever is less;
(B) The customer will be considered to have demonstrated creditworthiness, when the customer has received twelve (12) consecutive months of service, there has been no cause to disconnect, and bills have been paid by the payment due date. Upon this demonstration of creditworthiness, the deposit plus interest shall be promptly refunded to the customer or applied to the remaining balance by the utility.
(viii) Upon final discontinuance of service the utility shall promptly refund to the customer any amount held as a deposit with accrued interest due thereon. If at the time of discontinuance the customer is indebted to the utility, the deposit and accrued interest may be applied on the account due, and refund made of the balance due the customer. If the utility is unable to make the refund due to lack of knowledge of the customer’s location, it shall retain the deposit until claimed, but no interest shall accrue thereon from the date service was discontinued. The utility will manage such deposits as required by the Uniform Unclaimed Property Act, W.S. 34-24-101, et seq., as amended.
(g) Billing. All bills shall be rendered periodically to customers and shall reflect all facts upon which the bill is based.
(h) Refunds to Customers. The following regulations govern conditions under which refunds are to be made to customers:
(i) When a customer’s telephone remains “out of service” in excess of forty-eight (48) consecutive hours after report thereof by the customer to the provider, the provider shall refund or credit to the customer the prorated portion of that month’s charges for the period for which the telephone was out of service. Out of service credits shall not be available when the service interruption is due to conditions identified in section 508(d) of these rules.
(ii) If service is discontinued after payment in advance thereof either upon request of a customer or by the provider for violation of its rules and regulations, the provider shall refund to the customer that portion of the month’s charges for the time the telephone was not used; provided, that such refunds shall not be due to the customer in the following instances:
(A) Where charges for a minimum term of service, as provided by the provider’s tariff or price list on file with the Commission, are applicable; or
(B) Where the customer, at the time service is discontinued, is indebted to the provider in an amount sufficient to absorb the amount of refund.
(iii) Any amount due the customer over and above the amount due the provider for service rendered shall forthwith be refunded to the customer.
Section 505. Construction and Maintenance Practices.
(a) Construction Standard.
(i) The provider shall use as a safety standard for existing and new facilities the current edition of the National Electrical Safety Code (NESC), endorsed by the American National Standards Institute (ANSI), Standard C2, which is incorporated herein by this reference.
(ii) For telecommunication plant constructed, the standard of accepted engineering practice shall be the edition of the National Electrical Safety Code in effect at the time of beginning construction installations of the telecommunications plant.
(iii) Any telecommunications plant of the provider that is constructed, installed, maintained or operated in accordance with the National Electrical Safety Code in effect at the time of its construction or installation shall be presumed to comply with the accepted engineering practice in the telecommunications industry. All plant and facilities shall be maintained in accordance with practices standard in the industry. All telecommunications cables, both direct and in conduit, shall be installed at least twelve (12) inches below the final surface grade. This requirement is not waived if a provider opts to install buried cable before the final grade is established. Separation from other buried facilities shall be maintained in accordance with the current edition of the NESC.
(iv) The provider shall use as a standard of safe practice the current edition of Part 68, Title 47 of the Federal Code of Regulations for the interconnection of new or existing telecommunications plant of the provider with terminal equipment of a customer.
(v) The provider shall coordinate with other entities, where feasible, concerning construction work initiated by itself or other entities that may affect the provider’s facilities used for serving the public. For example, the provider shall, where feasible and without reasonable delays to scheduling:
(A) Economically minimize construction expenditure by coordination with other entities, such as the joint use of trenches for cable, where such coordination is safe, cost effective and in the best interests of the provider; and
(B) Locate underground facilities which may be affected by construction work in accordance with W.S. §§ 37-12-301 and 37-12-304. The provider, or its agent, shall maintain a facility data base or some other information that is quickly and locally accessible.
(vi) The provider shall maintain its system in a manner to meet service adequacy standards defined in rules 508 through 511 herein, and in accordance with the general practices and standards of the telecommunications industry. Programs of testing, inspections and preventive maintenance aimed at achieving efficient operation of its system to permit, at all times, the rendering of safe, adequate and continuous service shall be adopted. The existence of inductive interference, cutoffs, crosstalk and excessive noise is evidence of the necessity of a maintenance program.
Section 506. Provision of Service During Maintenance or Emergencies.
(a) The provider should make reasonable provisions to meet catastrophic emergencies.
(b) For any local central office, toll switching facility, tandem switching facility or any facility critical to network integrity, permanent auxiliary power generation capable of sustaining functionality for a minimum of eight (8) hours shall be installed and operable. Quarterly functional tests shall be conducted to assure auxiliary power sources correctly activate and continue uninterrupted facility operation. The test results shall be filed with the Commission.
(c) Maintenance activities expected to result in extended service interruptions shall be scheduled to minimize inconvenience to customers. Customers shall be notified in writing, in advance by the provider of such activities with appropriate and reasonable consideration of customer security requirements considered.
(d) The provider shall maintain a disaster recovery plan which complies with any applicable requirements of FEMA, the Department of Homeland Security and the Wyoming Office of Homeland Security.
Section 507. Availability of Service - Adequacy of Facilities. The provider shall employ prudent management and engineering planning and design practices to assure that adequate equipment is in place to meet requests for service to prospective customers in its service territory within a reasonable time as set forth in this section. The time frames specified in this section and the associated remedies for failure to meet these time frames apply to requests for local exchange service. To facilitate this section, all telecommunications providers shall file terms of service, tariffs or other documents which set forth the conditions and costs under which service extensions will be made available.
(a) Construction Charge Estimate. Where construction charges apply, the provider shall provide to the customer a good faith written cost estimate of the amount of the construction charge within a thirty (30) day period from the date of a customer’s request for such estimate. Agreement by the customer with such estimate, as evidenced by the provider’s receipt of a signed construction agreement, accompanied with payment of any required construction advances by the customer, shall be notice to the provider that the customer desires service. The signature date of receipt by the provider of the construction agreement shall be considered the application date. The good faith, written cost estimate shall inform the customer that receipt of a signed construction agreement is required before the customer’s request will be considered an application for service. In no event will the customer have less than thirty (30) days to accept and return the signed construction agreement.
(b) Timely Provision of Local Exchange Service. Where adequate facilities to and on the customer’s premises exists, the provider shall provide local exchange service no later than five (5) working days from the date of the customer’s application. When the customer requests a later date of service, the service shall be provided by the customer’s requested date. Providers shall keep adequate records to demonstrate compliance with this section.
(c) Provision of Alternative Form of Service and Other Remedies. When the provider fails to provide initial local exchange service within thirty (30) days of the customer’s application date or by the customer’s requested service date, if that date is more than thirty (30) days beyond the application date, the provider, at its option, shall provide the customer with either a choice of an alternative form of service or payment for an alternative form of service. This rule applies only where a provider could reasonably provide service without major construction within thirty (30) days. Any provider which causes an alternative form of service to be triggered shall be responsible for the provision of the alternative form of service.
(d) Permissible Stations on a Line. Providers shall provide for the implementation and establishment of one (1) party service for all customers, except where one (1) party service is deemed uneconomic or untimely, in which case, the provider shall not connect more than four (4) customers (four (4) party service) on any line regardless of the length thereof unless allowed by the Commission for good cause shown upon proper application. Service of a higher class may be rendered on a rural line where the customers are willing to pay a reasonable proportion of the additional cost thereof. The provider may group customers in such manner as may be necessary to carry out the provisions of this paragraph, when such regrouping can be reasonably and efficiently accomplished.
Section 508. Adequacy of Service.
(a) The provider shall employ prudent management, engineering and maintenance practices in accordance with industry standards to assure that sufficient equipment and personnel are available to provide adequate service.
(b) The criteria for quality of service established within these rules define an acceptable standard for the most basic elements of telecommunications service which is technically feasible and economically reasonable to provide adequate service.
(c) The provider shall make regular, periodic measurements to determine the level of service for each item included in Sections 507 and 510 of these rules. These records shall be available for review by the Commission or its staff at the Commission’s offices upon request.
(d) These rules do not establish a level of performance to be achieved during periods of emergency, catastrophe, natural disaster or other events affecting large numbers of customers, nor shall they apply to extraordinary or abnormal conditions of operation such as those resulting from work stoppage, civil unrest or force majeure.
Section 509. Customer Access Lines. The provider shall construct, operate and maintain all local access lines used for individual line service so that the transmission loss does not exceed eight and a half (8.5) dB measured at a frequency within two (2) percent of one thousand Hz (1000+/-20), as measured at the interface with the provider’s network at the customer’s location including accounting for any losses in central office equipment. All local access lines used for party line service shall be constructed, operated and maintained so that the transmission loss under the previously described condition does not exceed ten (10) dB.
(a) All local access lines shall receive a minimum of twenty (20) milliamperes of line current into an assumed station resistance of four hundred thirty (430) ohms. Total line resistance, excluding station equipment, shall not exceed the basic operational limits of the central office. Range extension equipment shall be applied to customer lines which are longer than the basic working limits of the central office.
(b) Local access lines shall be functionally capable of transmission of a bandwidth of two thousand seven hundred (2,700) Hz with a frequency range of three hundred (300) Hz to three thousand (3,000) Hz.
(c) Dual tone multi-frequency signaling, or its functional equivalent, shall be supported for all access lines.
(d) Single party service shall permit the user to have exclusive use of a wireline subscriber loop or access line for each call placed or, in the case of wireless telecommunications, a dedicated message path for the duration of a user’s particular transmission.
(e) Local access lines shall be capable of accessing directory, emergency and interexchange services.
Section 510. Interoffice Trunking.
(a) Local and extended area service interoffice trunk facilities shall have a minimum engineering design standard of B.01 (P.01) level of service. Toll and toll tandem facilities shall have a minimum engineering design standard of B.005 (P.005) level of service.
(b) Jurisdictional Digital Services. The provider shall conform to the following minimum digital circuit performance standards. Actual network performance will depend on the type of facility utilized (copper or fiber) and the utilization of self-healing and alternate route protection services.
(i) The Bit Error Ratio (BER) is the fraction of error bits relative to total bits received in the transmitted digital stream. The BER shall be less than 10-6 on at least ninety- eight (98) percent of the connections for end-to-end connections through the network. A digital transmission channel is considered unavailable, or in outage condition, when its BER in each second is worse than 10-5 for a period of ten (10) consecutive seconds.
(ii) Error free performance for digital circuits, expressed in terms of a percentage of time in seconds when the circuit is available, shall be no less than ninety-eight (98) percent error free seconds. An error free second is any one second interval that does not contain any bit errors.
(iii) Circuit availability for digital circuits, expressed as a percentage of total calendar month minutes, shall be no less than ninety-eight (98) percent.
Section 511. Network Call Completion Requirements.
(a) Direct Dialed Calls. The provider shall utilize equipment that complies with the requirements of the standards recommended in TRTSY-000511 Section 11, LATA Switching Systems Generic Requirements (LSSGR), during any busy hour.
(b) Operator Assisted Calls.
(i) The provider’s operators shall answer eighty (80) percent of directory, intercept, toll and local assistance calls within twenty (20) seconds. Other performance measures may be used upon specific Commission authorization.
(ii) Business and repair center calls directed to the published telephone numbers, excluding calls to private line and design repair centers, for service repair or the business offices of the provider shall be answered by an operator or other employee within twenty (20) seconds for eighty-five (85) percent of all such calls. Where automated response systems exist, timing to determine adherence to this rule begins after the customer has made a choice from the initial menu of services available. Timing for an answered call ends when the customer is speaking to a live operator or other employee. For telephone companies having less than five hundred (500) access lines and not using an automated or contract system, a live operator must be connected within sixty (60) seconds. If one hundred (100) percent of a customer’s request may be handled by an automated system, the provider is deemed to have satisfied this rule with respect to that request.
Section 512. Trouble Report Response.
(a) Maximum Acceptable Number of Reports. The provider shall maintain its network so as to economically minimize customer trouble reports for services and shall not exceed five (5) reports per one hundred (100) access lines, per month per specific wire center or exchange for any consecutive three (3) month period.
(b) Allowable Response Time. The provider shall clear not less than ninety (90) percent of all out-of-service trouble reports during any three (3) month period within twenty-four (24) hours. This criteria excludes the following conditions:
(i) Reports for services of another provider;
(ii) Situations where access to the customer’s premise is required but not available; and
(iii) Customer premise equipment is at fault.
(c) Response Priority. Based on management’s discretion, if requested by a customer, the provider shall give priority to and initiate repairs regardless of the hour for customer trouble reports which may affect the public health and safety.
(d) Customer Notification. If employees of the provider cannot clear the reported trouble promptly, the customer shall be given a reasonable estimate of when the trouble report will be cleared.
(e) Repair Service Commitments. The provider shall meet the FCC target or, if an FCC target is not specified, ninety (90) percent of its repair service commitments during any three (3) month period. This criteria excludes situations where the commitment cannot be met due to customer related reasons.
Section 513. Requirements for Wyoming Public Service Commission (Commission) designation of eligible telecommunications carriers (ETCs), pursuant to section 214 of the federal Telecommunications Act of 1996, as amended, Part 54 of Title 47 of the Code of Federal Regulations, as amended and W. S. § 37-15-104(a)(vi)(B).
(a) The Commission shall review the carrier’s application for ETC designation for compliance with section 214 and section 254 of the federal Act, as amended. In determining whether the carrier should be granted ETC status, the Commission shall determine whether any such designation serves the public interest, convenience and necessity. The Commission’s public interest analysis shall consider the carrier’s application; the carrier’s response to the requirements set forth below; any cost-benefit analysis done by the carrier relating to customer choice and any advantages of the carrier’s service offering; evidence produced at hearing, if any hearing is held; and, the potential for creamskimming by the carrier in those instances where the carrier seeks ETC designation below the study area level of a rural incumbent LEC. In conducting its analysis, the Commission shall consider the fundamental goals of preserving and advancing universal service; ensuring the availability of quality telecommunications at just, reasonable, and affordable rates; and promoting the deployment of advanced telecommunications and information services to all regions of the state, including rural and high-cost areas.
(b) Each carrier seeking designation by the Commission as an ETC throughout a specified service area shall:
(i) Demonstrate the carrier’s commitment and technical, financial and managerial ability to provide the supported services/functionalities throughout the service area for which it is requesting ETC designation to all customers making a reasonable request for service.
(ii) Demonstrate the carrier’s commitment and technical, financial and managerial ability to advertise the availability of, and charges for, the supported services/functionalities using media of general distribution.
(iii) Demonstrate the carrier will advertise the prices and availability of the Lifeline and Linkup programs in a manner designed to reach those likely to qualify for these programs, throughout the service area for which the carrier is seeking ETC designation.
(iv) Demonstrate the carrier’s commitment and technical, financial and managerial ability to provide service on a timely basis to requesting customers within the carrier’s service area where the carrier’s network already passes the potential customer’s premises.
(v) Demonstrate the carrier’s commitment and technical, financial and managerial ability to provide service within a reasonable period of time, if the potential customer is within the carrier’s licensed or certificated service area but outside its existing network coverage, if service can be provided at reasonable cost by:
(A) Modifying or replacing the requesting customer’s equipment;
(B) Deploying a roof-mounted antenna or other equipment;
(C) Adjusting the nearest cell tower;
(D) Adjusting network or customer facilities;
(E) Reselling services from another carrier’s facilities to provide service; or
(F) Employing, leasing or constructing an additional cell site, cell extender, repeater or other similar equipment.
(vi) Submit a three-year plan describing in detail proposed improvements or upgrades to the carrier’s network on a wire center by wire center basis, exchange by exchange (or some other basis) throughout the carrier’s proposed designated service area. Each carrier shall demonstrate how signal quality, coverage or capacity will improve due to the receipt of federal high cost support; the projected start date and completion date for each improvement and the estimated amount of investment for each project to be funded by federal high cost support; the specific geographic area where the improvements will be made; and the estimated population to be served as a result of the improvements.
(vii) Demonstrate the carrier’s commitment and technical, financial and managerial ability to remain functional in all emergency situations.
(viii) Demonstrate the carrier’s commitment to comply with applicable Wyoming service quality standards, consumer protection rules and the Cellular Telecommunications and Internet Association (CTIA) Consumer Code, as applicable.
(ix) Demonstrate the carrier will offer a local usage plan or plans, considering but not limited to minutes, price and coverage area, comparable to those offered by the incumbent LEC in the service area for which the carrier is seeking ETC designation.
(x) Certify the carrier acknowledges the Commission may require it to provide equal access to long distance carriers in the event no other eligible telecommunications carrier is providing equal access within the service area.
(xi) Provide a detailed map of the service area for which the carrier is seeking ETC designation showing the location and the effective coverage area of each cellular tower, as applicable. The commission may require such maps be submitted in a designated electronic format.
(xii) Demonstrate the carrier will offer the supported services using either entirely its own facilities or a combination of its own facilities and resale of another carrier’s services.
(xiii) Provide a copy of the carrier’s application to the affected tribal government and tribal regulatory authority, as applicable, at the time the carrier files with the Commission for any tribal lands included as part of the carrier’s request for ETC designation.
Section 514. Annual reporting requirements for all previously designated Eligible Telecommunications Carriers (ETCs) pursuant to the annual certification guidelines and standards set forth in Part 54 of Title 47 of the Code of Federal Regulations, as amended.
(a) In order for an ETC previously designated by the Wyoming Public Service Commission (Commission), or previously designated by the Federal Communications Commission (FCC), to be certified to receive support for the following calendar year, or to retain its ETC designation, each ETC shall submit to the Commission the annual reporting information listed below on or before a date to be determined annually by the Commission. ETCs failing to meet these annual report filing requirements may not be certified by the Commission to the FCC and the Universal Service Administrative Company (USAC) as eligible to receive federal support.
(b) Each designated ETC shall file:
(i) The number of requests for service from potential customers within the ETC’s service areas that were unfulfilled during the past year and written submission detailing how it attempted to provide service to those potential customers, as set forth in 47 C.F.R. § 54.202(a)(1)(i).
(ii) The number of complaints per 1,000 access lines or handsets.
(iii) Written submission detailing how the carrier is complying with applicable Wyoming service quality standards, consumer protection rules and/or the Cellular Telecommunications and Internet Association (CTIA) Consumer Code (if applicable).
(iv) Written submission detailing how the carrier is able to function in emergency situations as set forth in 47 C.F.R. § 54.202(a)(2).
(v) Acknowledgment the Commission may require the carrier to provide customers with equal access to long distance carriers in the event no other ETC is providing equal access within the service area.
(vi) The total amount of all federal high cost support received in the previous calendar year.
(vii) For the previous calendar year, a detailed schedule/exhibit showing the actual dollar amounts expended by the carrier in the provision, maintenance, upgrading, plant additions and associated infrastructure costs within the service areas in Wyoming where the carrier has been designated an ETC.
(viii) Documentation the carrier offers the nine supported services/functionalities, listed (A) through (I) below, throughout the service areas in Wyoming where the carrier has been designated an ETC.
(A) Voice grade access to the public switched network;
(B) Local usage;
(C) Dual tone multi-frequency signaling or its functional equivalent;
(D) Single party service;
(E) Access to emergency services;
(F) Access to operator services;
(G) Access to interexchange services;
(H) Access to directory assistance; and
(I) Toll limitation for qualifying low-income consumers.
(ix) Documentation the carrier advertises the prices and availability of the Lifeline and Linkup programs in a manner designed to reach those likely to qualify for these programs, throughout the service areas for which the carrier has been designated an ETC.
(x) A copy of the service agreement the carrier offers to its universal service customers, including all terms and conditions.
(xi) Documentation and support the carrier is committed to, and has the capability to, provide its universal service product/offering throughout the service areas to all customers who make a reasonable request for service in Wyoming where the carrier has been designated an ETC.
(xii) A detailed map of the service areas for which the carrier has been designated an ETC showing the location and the effective coverage area of each cellular tower. The commission may require such maps be submitted in a designated electronic format.
(xiii) The total amount of all federal high cost support received year-to-date for the current calendar year.
(xiv) For the current calendar year-to-date, a detailed schedule/exhibit showing the actual dollar amounts expended by the carrier in the provision, maintenance, upgrading, plant additions and associated infrastructure costs for any universal service products/offerings within the service areas in Wyoming where the carrier has been designated an ETC. This should include the carrier’s plans and budgets for any build-out projects, upgrades and installations applicable to any universal service products/offerings not yet completed during the current calendar year.
(xv) Copies of the previous and current year’s reports required by 47 C.F.R. § 54.307(b) and (c) to be filed by the carrier with the USAC applicable to the service areas in Wyoming where the carrier is designated an ETC.
(xvi) A three-year service quality improvement plan report, including maps detailing its progress towards meeting its plan targets, an explanation of how much federal universal service support was received and how it was used to improve signal quality, coverage, or capacity, and an explanation regarding any network improvement targets that have not been fulfilled. The information shall be submitted at the exchange level, study area level or some other similar service area level description.
(xvii) Detailed information on any outage, as that term is defined in 47 CFR 4.5, of at least 30 minutes in duration for each service area in which an ETC is designated for any facilities it owns, operates, leases, or otherwise utilizes that potentially affect (i) at least ten percent of the end users served in a designated service area; or (ii) a 911 special facility, as defined in 47 CFR 4.5(e). Specifically, the ETC’s annual report must include information detailing:
(A) The date and time of onset of the outage;
(B) A brief description of the outage and its resolution;
(C) The particular services affected;
(D) The geographic areas affected by the outage;
(E) Steps taken to prevent a similar situation in the future; and
(F) The number of customers affected.
Sections 515 and 516 Reserved for Future Use.
Section 517. Total Service Long Run Incremental Cost Study Methodology. The methodology described in Section 517 shall be followed by telecommunications companies for the calculation of all total service long run incremental cost (TSLRIC) studies offered to support noncompetitive switched access prices above three cents ($0.03) per minute after January 1, 2010, pursuant to W.S. § 37-15-203(j). All filed information may be provided on a proprietary basis.
(a) When a telecommunications company submits a TSLRIC study, it must simultaneously file a complete set of work papers and source documents.
(i) The work papers must clearly and logically present all data used in developing the cost estimates and provide a narrative explanation of all formulas and algorithms applied to the data. These work papers must allow the Commission staff to replicate the methodology and calculate equivalent or alternative results using equivalent or alternative assumptions.
(ii) The work papers must clearly set forth all significant assumptions and identify all source documents used in preparing the cost estimate.
(iii) The work papers must be organized so that a person unfamiliar with the study will be able to work from the initial investment, expense, and demand data to the final cost estimate. Every number used in developing the estimate must be clearly identified in the work papers as to what it represents. Further, the source should be clearly identifiable and readily available, if not included with the work papers.
(iv) Any input expressed as a “dollars per minute”, “dollars per foot”, “dollars per loop”, “dollars per port”, and the like must be traceable back to the original source documents containing the number of dollars, minutes, feet, loops, ports, and the like from which these figures were calculated.
(v) To the extent practicable, data and work papers must be provided in electronic form on compact disks using standard spreadsheet or database software formats. Data and work papers provided in electronic form must include a definition of the contents of each file and an explanation of the definitions, formulas, equations, and data provided. To the extent proprietary models are used, they must be provided, along with documentation and user instructions, under protective order for use as required by Section 517(z).
(vi) An index or detailed table of contents of the work papers and source documents must be provided. In addition, to the extent practicable, a cross index should be included that will allow other parties to track key numbers through the various source documents, work papers and exhibits.
(vii) Each individual study shall list other cost studies that use the individual cost study as a component for other features, functions and/or services. This list shall include a specific description of the feature, function or service and a tariff or price list reference used as such component.
(viii) Where shared costs for a group of services are identified, each study shall identify and provide a description of the types of costs (e.g., spare capacity, administrative, etc.) that are considered to be shared costs. These shared costs shall be identified as a lump sum. In addition, for each shared cost identified, a list of each regulated, deregulated, and/or price list service that shares these costs shall be provided. For each service listed that shares the costs of the group, the individual TSLRIC of such service also shall be provided. In no event shall the shared costs be “unitized or allocated” to the individual TSLRICs that comprise the group.
(b) TSLRIC Study Surrogates. Telecommunications companies may propose reasonable TSLRIC study surrogates. Surrogate studies must be shown to be consistent across all services and representative of the costs and operations of the telecommunications company seeking to use it in an appropriate filing with the Commission. The criteria used, by the Commission in determining the reasonableness and comparability of proposed TSLRIC surrogates shall include, but not be limited to the following:
(i) the subscriber density of the area to be studied;
(ii) the average loop length of the area to be studied;
(iii) all pertinent geographic features of the area to be studied, including but not limited to, topography, soil and weather conditions and distance to bed rock; and
(iv) any other characteristics of providing telecommunications services which could vary significantly among different locales within the state.
(c) Direct
Application of the TSLRIC Standard. The methodology described in these
guidelines shall be followed by telecommunications companies to conduct TSLRIC
studies to be used for the following purposes:
(i) to satisfy the requirement of W.S. § 37-15-203(h)(i) in support of transitional noncompetitive switched access prices above three cents ($0.03) per minute.
(d) Long Run. Long run means a period of time sufficient for all costs associated with the provision of a service or basic network function to be avoidable; it is a time interval over which all plant, equipment, and other investments are to be replaced. In a cost study conducted in compliance with these guidelines, no forward-looking investment required to provide the service or basic network function in question shall be considered sunk.
(e) Network Technology. Existing network topology will be assumed to exist over the long run, unless a telecommunications company has documented plans to change such topology. If a planned, rather than actual, network topology is used, it shall be used for all cost studies performed in compliance with these guidelines. The technologies that provide the most efficient means of supplying the necessary capacity, given this topology, should be assumed. Each study shall clearly identify the technologies, the capacity assumed for each technology used in the study, and a statement of whether the technology(ies) assumed in the study is the most efficient and least cost. Cost studies performed using this approach will be considered to be in compliance with the requirement in W.S. § 37-15-103(xiii) that TSLRIC studies be based on the technology that would be used if the telecommunications company were to initially offer the service or basic network function being studied.
(f) Forward-Looking Technology. Forward-looking technology means the technology, or mix of technologies, that would be chosen in the long run as the most economically efficient choice for the provision of a given basic network function or service. The telecommunications company must clearly explain within the work papers or source documents the choice of each technology; the cost of each technology; the source of the technology and its cost, or the method by which the cost was determined.
(g) Currently Available Technologies. A telecommunications company’s choice of forward-looking, least cost technologies shall be restricted to those technologies available in the marketplace and for which vendor prices can be obtained at the time the study is performed.
(h) Total Demand Assumption. A telecommunications company’s choice of forward-looking, least cost technologies shall be consistent with the level of output necessary to satisfy current levels of demand for all services or basic network functions using the plant, equipment, or other investment in question, or the level of output necessary to meet reasonable forecasts of demand for all services or basic network functions using the plant, equipment, or other investment in question over the study period. The determination of investment level shall represent the economic or efficient level of investment needed to meet the study demand. A telecommunications company’s choice of the use of current or forecasted demand shall remain consistent for all studies performed (i.e., a telecommunications company may choose replacement technologies based on current demand for all studies performed, or based on forecasted demand for all studies performed, but may not vary this assumption among studies).
(i) Increment to be Studied. The relevant increment of output shall be the level of output necessary to satisfy the total current or forecasted demand of the service or basic network function being studied, consistent with Section 517(h). All costs that occur over the long run as a result of a telecommunications company’s decision to offer a service or basic network function shall be included in this total service methodology. Conversely, all costs that can be avoided over the long run by a telecommunications company’s decision not to provide a service or basic network function shall be included.
(j) Service Specific Fixed Costs. All costs which do not vary with individual units of output, or with changes in the level of output, but which are incurred by a telecommunications company as a result of its decision to offer a service or basic network function (or which would be avoided in the long run by a decision not to offer the service or basic network function), shall be included in all TSLRIC studies performed in compliance with these guidelines.
(k) Unbundled Network Components or Basic Network Functions. TSLRIC studies filed in accordance with these rules shall reflect the cost of individual basic network functions. The TSLRIC results and documentation for the provision of telecommunication services as well as for message telecommunication service shall be disaggregated to the most basic network function. Basic network functions for which individual TSLRIC shall be assigned include but are not limited to:
(i) Local Loop Distribution
(ii) Local Loop Concentrator
(iii) Local Loop Feeder
(iv) Local Switching
(v) Operator Services
(vi) Tandem Switched Local Transport
(vii) Dedicated Local Transport
(viii) Interoffice Transport
(ix) Signaling Links
(x) Signal Transfer Point (STP)
(xi) Signal Control Point (SCP)
Individual basic network functions, such as those listed above, shall be combined to reflect the cost of service offerings, such as basic residential local exchange service, after the cost of the basic network functions needed to provide such service have been determined. Costs associated with the basic network functions necessary to provide the local loop shall not be included in the TSLRIC of any services other than basic local exchange service, and shall be separately identified. TSLRIC results proposed by any telecommunications company shall be consistent throughout all services and basic network functions. TSLRIC results for basic network functions should not vary significantly among or between services which use the same basic functions, whether or not they are used exclusively in the provision of services or they are offered for sale on an interconnection basis.
(l) Principle of Cost Causation. All TSLRIC studies shall follow the principle of cost causation and include in the calculations of the cost of the service or basic network function all costs that change as a result of a telecommunications company’s decision to offer the service or basic network function, or to provision it in a specific way. For the costs associated with plant, equipment, or other investment used to provide two or more services or basic network functions, if the costs are incurred as a direct result of the decision to offer (or provision in a specific way) one identifiable service or basic network function, these costs shall be considered to have been caused by the identified service or basic network function and will be included only in the calculation of cost for that service or basic network function. For those services or basic network functions that share the plant, equipment, or other investment with the cost-causing service or basic network function, the correct and relevant TSLRIC shall be the cost of the least cost, most efficient technology to provide the service or basic network function consistent with Section 525. For the noncost causing services or basic network functions, the least cost, most efficient technology may or may not be the technology used to provide the cost causing service or basic network function.
(m) Required Level of Consistency Among Cost Studies for Different Services. Different services offered by a telecommunications company will often use equivalent basic network functions. To the extent that cost studies are performed at the service level, it is expected that the costs identified for equivalent basic network function shall not vary significantly among TSLRIC studies for specific services. While TSLRIC studies performed in compliance with these guidelines may be performed on the basis of the service, rather than being performed at the level of the underlying basic network function on a nonservice specific basis, such studies shall only be performed on an exception basis and must be fully documented to explain why it is necessary for the company to model the costs on a service basis rather than on a basic network function basis. If a telecommunications company contends that significant cost differences for equivalent basic network functions do exist among services, it must fully document the basis and justification for such differences as a part of the documentation of the cost study for each service using the basic network function in question.
(n) Development of Total Service Long Run Incremental Costs. Total service long run incremental costs developed in compliance with these guidelines may be calculated by identifying the investment associated with a telecommunications company’s decision to offer the service or basic network functions, and applying appropriate annual charge factors to calculate an annual cost, including capital and noncapital costs. Annual charge factors may include, but not be limited to, capital components such as the cost of money and depreciation, and expense components such as administrative expenses, business fees, insurance and income taxes. The annual charge factors for each service or basic network function will be identical unless a telephone company can demonstrate that an element(s) within the annual charge factor for a particular service or basic network function actually will be higher or lower due to particular circumstances related to that service or basic network function. Monthly costs may be derived from annual costs by dividing by 12.
(o) Identification of Investments. The investments associated with the provision of a service or basic network function shall be identified in a manner consistent with the requirements described in Sections 517 (f) and (l).
(p) Inclusion of Shared Investments. A portion of the costs associated with plant, equipment, or other investment that is used by a telecommunications company to offer two or more services or basic network functions shall be included in the TSLRIC of each service or basic network function only upon a showing that a discrete component of this shared investment can be identified as having been directly caused by the decision to offer the service or basic network function being studied (and which will be avoided if the service or basic network function being studied is not offered). The costs associated with the use of shared investments that cannot be avoided if the service or basic network function being studied is not offered should be considered shared costs, and should not be included in the TSLRIC for a service or basic network function. At no time should costs which are not avoidable if the service or basic network function being studied is not offered be allocated or otherwise included in the cost study for the service or basic network function. If the capacity of the shared investment is finite, the displacement of capacity by the service or basic network function being studied contributes directly to the exhaustion of the investment and represents a relevant TSLRIC of the service or basic network function. Observed, optimal, actual, or average fill factors shall not be used in the development of the TSLRIC estimate. To the extent that the LEC identifies modular investment, the size of investment shall be the smallest feasible level of investment to meet the current or forwarding-looking demand over the economic life of the investment. In no event shall investment and/or capacity for future services be included in the costs for the basic network functions. The costs associated with shared investment shall be explicitly included in TSLRIC studies performed in compliance with these guidelines.
(q) Treatment of Spare Capacity. Inclusion of spare capacity, including but not limited to administrative fill for plant and equipment, shall be in accordance with the principle of cost causation described in Section 517(l). At no time shall a telecommunications company include the costs associated with spare capacity in the TSLRIC study for a service or basic network function based on relative usage, unless it demonstrates that the service or basic network function in question has caused this proportion of spare capacity costs in accordance with Section 517(p). The demonstration, to be included in the work papers or source documents, shall include, but not be limited to, the name of equipment, the capacity factors used (e.g., administrative, modular, breakage, or growth), the calculations and assumptions used to determine each type of spare capacity, and a demonstration that the economic or efficient level of investment is needed for the projected or current demand.
(r) Use of Investment Loading Factors. Investments used in the provision of a service or basic network function that vary with the plant, equipment, or other investment caused by the service or basic network function in accordance with Section 517(l) may be included in an TSLRIC study performed in compliance with these guidelines through the use of loading factors. Investments that may be appropriately included in TSLRIC studies using this method include (but are not necessarily limited to) land, building, poles, conduit, and miscellaneous common equipment and power. The categories of loading factors and level of loading factors will be explicitly identified in the annual TSLRIC filing.
(s) Conversion of Investments Into Annual and Monthly Costs. The investments identified in Section 517(o) may be converted to annual costs through the use of a standard set of annual charge factors (ACFs). ACFs may vary by Uniform System of Accounts (USOA) code, but the ACF for a given USOA account code should not vary by service or basic network function unless the company demonstrates the appropriateness of the variance based on the service. The company must also demonstrate that such ACFs are forward looking and use the least cost approach for the function or service under study.
(t) Cost of Money. The determination of the cost of money included in the TSLRIC ACFs determined by a telecommunications company shall be fully documented, including a list of all assumptions used. Assumptions regarding the cost of money to be included in the ACFs shall not vary by service or basic network function except where a higher cost of money to reflect the increased risk associated with providing a competitive service or basic network function is used (at no time shall a noncompetitive service or basic network function be assumed to have a higher cost of money than a competitive service or basic network function), and shall not be changed more than once in any twelve month period without prior approval by the Commission.
(u) Use of Mechanized Cost Models. A telecommunications company may use all mechanized cost models currently in use, including computer spreadsheets, programs, and other models, to conduct TSLRIC studies in compliance with these guidelines, provided that all cost principles and requirements are complied with in full. All acronyms for cost terms, equipment and nonstandard verbiage shall be clearly defined within the study. All spreadsheets shall include the formulas used in calculating the individual results. All spreadsheet and work paper results shall be referenced or mapped to other spreadsheets or work papers for a complete audit trail. If a telecommunications company plans to discontinue the use of a spreadsheet, program, or model currently in use which is significant to the overall calculation process, it shall notify the Commission and provide a detailed explanation of how the incremental cost for services or basic network function currently being calculated using the model in question will be determined. If a telecommunications company plans to begin use of a spreadsheet, program, or model that is significant to the overall calculation process and is not currently in use, it shall notify the Commission and provide a detailed description of how the proposed spreadsheet, program, or model will operate, including a list of required inputs, a description of processing algorithms, and a description of the model output. All information, spreadsheets, programs, models and inputs required to be submitted to the Commission under this section shall be considered proprietary.
(v) Deaveraged Cost Studies For Telecommunications Services. Telecommunications companies which prepare and file TSLRIC studies in accordance with these rules shall design the studies to reflect the differences in costs associated with providing local exchange service to geographically distinct groups of customers. Telecommunications companies shall provide cost information for groups of customers disaggregated to the smallest practical size, which shall consider factors as defined in Section 517(B)(i) to (iv), inclusive. TSLRIC numbers for local exchange services shall not be expressed as company wide or state wide average costs unless the telecommunications company can demonstrate that there are no significant differences in the cost of providing telecommunications services to geographically disparate groups of customers.
(w) Determination of Cost. TSLRIC studies submitted in compliance with these rules shall identify the cost of providing telecommunication services. Cost recovery mechanisms such as universal service funding, carrier access subscriber line revenue charges, dial equipment minute weightings and arbitrarily defined zone and mileage charges shall be considered revenues or cost recovery mechanisms, and shall not be considered TSLRIC determinants. In addition, TSLRIC studies filed in accordance with these rules shall include only cost based elements or basic network functions.
(x) Use of a Planning Period. A telecommunications company may choose a planning period for the calculation of TSLRIC, consistent with the definition of long run in Section 517(d). The planning period chosen must be consistent among the TSLRIC studies performed for each service or basic network function and among different services or network functions.
(y) Required Documentation. Telecommunications companies shall continue to produce the currently available documentation for all incremental cost studies performed in compliance with these guidelines. In addition, telecommunications companies will provide the additional documentation necessary to comply with the requirements as set forth in Sections 517(m), (q) and (u) or any other additional documentation requested by the Commission.
(z) Treatment of Proprietary Information. The level of documentation for incremental cost studies performed consistent with these guidelines may require the production of information that a telecommunications company asserts to be proprietary or confidential. Complete documentation, including the asserted proprietary or confidential information, shall be provided to the Commission and intervenors, subject to an acceptable confidentiality agreement. The Commission shall make an affirmative finding that substantial evidence exists that disclosure is in the public interest, is necessary for the presentation of the intervenor case and will be protected from public disclosure.
Sections 518 through 546 Reserved for Future Use.
Section 547. Exclusive Agreements for Provision of Telecommunications Services.
(a) Initiation of Proceedings. Upon receipt of a complaint or upon the Commission’s determination that a violation of W.S. § 37-15-413 may have occurred, the Commission shall serve a copy of the complaint or other appropriate notice to the alleged or ostensible violator.
(b) Response to Complaint or Notice. The alleged or ostensible violator shall respond in writing to the allegation or notice within 20 days of receipt.
(c) The respondent shall be entitled to a hearing, at the conclusion of which the Commission shall determine whether the actions of the respondent constitute a violation of WS § 37-15-413. If no violation is found, the Commission shall issue a final order so indicating.
(d) If a violation is found, the Commission shall issue an order directing the violator to cure the violation within 90 days. The order may require the respondent to periodically report to the Commission its actions and progress towards curing the violation.
(e) The respondent shall report in writing to the Commission when it has cured the violation. If no written report indicating the violation has been cured has been received within ninety (90) days, the Commission shall direct the parties to report the status of the matter. If any party contends that a cure has not been accomplished, the Commission shall commence additional proceedings, including an evidentiary hearing, if requested by a party or at the Commission’s own initiative, at the conclusion of which the Commission shall determine whether the violation has been cured. The parties shall refrain from raising issues previously determined after hearing.
(f) If the Commission finds that a violation has not been cured as directed in an order issued pursuant to subsection (d), it shall:
(i) Issue an order stating that a continuing violation exists, directing the violator to cease all activities related to the violation and prohibiting the violator from providing any telecommunications services until the Commission issues a subsequent order determining that the violation has been remedied; and
(ii) Refer the order to the Wyoming Attorney General.
CHAPTER IX
GENERAL FORMS
Section 901. Forms. Unless specifically required by these Regulations, the following forms may be used for matters coming before the Public Service Commission of Wyoming:
(a) Form No. 1:
FORMAL COMPLAINT
BEFORE THE PUBLIC SERVICE COMMISSION OF WYOMING
______________________, Complainant )
)
vs. ) Docket No. _____________________
)
______________________, Respondent )
COMPLAINT
The above-named complainant, whose (state post office address) and whose (state occupation or business) respectfully shows to the Commission:
1. That the above-named respondent is a public utility engaged in the business of (state the public utility business of the utility) ________________ in the State of Wyoming.
2. That (a statement in ordinary, but concise language of the facts on which the complaint is based, including whenever possible reference to the statutes, rules or orders that the complainant alleges have been violated, as well as a request for hearing).
WHEREFORE, the complainant prays that (state specific relief sought).
Dated this ____ day of ______________ , ______.
Signed _____________________
Complainant
________________________ Attorney
Address _________________________
(b) Form No. 2:
ANSWER TO COMPLAINT
BEFORE THE PUBLIC SERVICE COMMISSION OF WYOMING
____________________, Complainant )
)
vs. ) Docket No. _____________________
)
___________________, Respondent )
ANSWER
The above-named respondent, for answer to the complaint in this proceeding, says:
1. That (state allegations of fact by way of admission, avoidance, or denial of the allegations of fact contained in the complaint, designating each paragraph, (a), (b), etc.).
WHEREFORE, the said respondent prays that the complaint in this proceeding be dismissed (or prays for such affirmative relief as the facts alleged may justify).
Signed _____________________
Respondent
_______________________ Attorney
Address ________________________
(c) Form No. 3:
APPLICATION FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
BEFORE THE PUBLIC SERVICE COMMISSION OF WYOMING
Application of _________________ )
for a Certificate of Public Convenience ) Docket No. _____________
and Necessity )
APPLICATION
The above-named applicant respectfully shows the Commission as follows:
1. That (describe in detail what applicant proposes to do for which authority is desired, either in the way of new construction or extension).
2. etc. (Information required by Sections ____, ____, ____, of Chapter II.)
WHEREFORE, applicant prays (state specifically what type of authority and the terms of the authority requested).
Dated this ____ day of ____________, _______ .
Signed _____________________
Applicant
__________________________ Attorney
Address ___________________________
(d) Form No. 4:
APPLICATION FOR AUTHORITY TO ABANDON OR DISCONTINUE PUBLIC
UTILITY SERVICE OR TO DISCONTINUE THE OPERATION
OF, OR TO TRANSFER, SELL, LEASE OR OTHERWISE DISPOSE OF
UTILITY PLANT OR FACILITIES
BEFORE THE PUBLIC SERVICE COMMISSION OF WYOMING
Application of ___________________ )
for authority to (abandon or )Docket No. ___________
discontinue service etc.) )
__________ service at _____________ )
APPLICATION
1. The undersigned, engaged in the Public Utility business of operating ______________________ at _________________ within the State of Wyoming, with its principle offices at ___________, hereby makes application to the Public Service Commission for authority to
(abandon or discontinue service etc.).
2. (Here describe the service to be abandoned or discontinued, etc) at __________________ in _______________ County, Wyoming, for the following reasons: (Here state facts upon which application is based).
3. (State the terms and conditions of the proposed assignment, sale, lease, etc., with the copy of the agreement attached as an exhibit to the application.). (Where applicable).
4. (State the effect of the proposed transaction upon the service of the applicant).
5. (State the method by which the proposed transfer is to be financed). (Where applicable).
6. (State whether any other utility will be affected and, if so, in what respect).
WHEREFORE, Applicant prays that the Public Service Commission of Wyoming make its order authorizing applicant to (state specifically the relief sought).
Dated this _____ day of ________________ , _______.
Signed ________________________
Applicant
_________________________Attorney
Address_________________________
(Verification)
(e) Form No. 5:
APPLICATION FOR AUTHORITY TO TRANSFER, SELL, LEASE
OR OTHERWISE DISPOSE OF A PUBLIC UTILITY OR
THE CONTROLLING INTEREST IN A PUBLIC UTILITY
BEFORE THE PUBLIC SERVICE COMMISSION OF WYOMING
Application of (name of utility) )
for authority to (transfer, sell, etc.) ) Docket No. _____________
APPLICATION
The above-named applicant respectfully shows the Commission as follows:
1. That applicant is a public utility furnishing service in the _______________ of _______________ State of Wyoming.
2. That applicant desires to (transfer, sell, lease, etc.) its (business, etc.).
3. That the assignee, lessee, or purchaser is (give brief description of the assignee, purchaser, etc.).
4. That the assignee, lessee or purchaser of an operating utility shall adopt the rates, rules, regulations and classifications of the former utility in accordance with the provisions of Section _______ Chapter II. (When applicable).
WHEREFORE, Applicant prays that the Public Service Commission of Wyoming make its order authorizing applicant to (state specifically the relief sought).
Dated this _____ day of ______________ , _______.
Signed ______________________
Applicant
_________________________ Attorney
Address _________________________
(f) Form No. 6:
REPORT OF TARIFF CHANGE
Name of utility
_________________________________________________________________________________
Address main office
_________________________________________________________________________________
________________________ Tariff P.S.C. Wyo. No.__________ Sheet No.___________________
(Class of Service) (New tariff designation)
Change __________________________________________________________________________
(State part of tariff affected by change, such as: applicability, availability, rates, etc.)
Reason for change _________________________________________________________________
Approximate annual reduction in revenue . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___________________
Approximate annual increase in revenue . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___________________
_________________________________________________________________________________
Points affected Estimated number of customers whose cost of service will be:
_______________________________________________________________
Reduced Increased Unchanged
Remarks: _______________________________________________________________________
________________________________________________________________________________
_________________________________________________________________________________
__________________________
(Reporting utility)
By ______________________
(Name and title)
(g) Form No. 7:
APPLICATION FOR PERMISSION TO FILE TARIFFS ON LESS
THAN 30 DAYS NOTICE
(For other than common carrier transportation utilities only)
Application of ________________ to ) Docket No. _____________________
File Tariffs on less than 30 days notice )
APPLICATION
The applicant hereby respectfully requests the Public Service Commission that it be permitted to establish the following rates (or other tariff provisions) to become effective _____ days after the filing thereof with the Commission:
(State fully the rates or other tariff provisions which it is desired to put into effect).
Applicant further represents that the said rates or other provisions above-mentioned will be published in Tariff P.S.C. Wyo. No ____ or in Supplement No. ____ to Tariff P.S.C. Wyo. No.____ and will supersede and take the place of the rates or other provisions for like service as are set forth in Tariff P.S.C. Wyo. No. ____ or Supplement No. ____ to Tariff P.S.C. Wyo. No. ____ on file with the Commission.
Applicant further bases such request upon the following facts which present certain special circumstances and conditions justifying the request herein made:
(State fully all the circumstances and conditions which are relied upon as justifying the application, and if the rates to be filed state a reduction in the existing rates, the estimated annual saving to the users of the service affected thereby).
____________________________________
(Name of utility)
By ____________________________________
(Name of officer)
___________________________________
(Title of officer)
(h) Form No. 8:
ACCIDENT REPORT TO THE
PUBLIC SERVICE COMMISSION OF WYOMING
(Date) ____________, _________
Name of reporting utility
_________________________________________________________________________________
Property on which accident occurred (location and description)
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Date of accident _____________________________ Time of day __________________________
A.M.
Commission notified at __________ P.M. Date ______ by (wire, phone, etc.)
_________________________________________________________________________________
Details of Casualties to Persons
________________________________________________________________________________
NAME AND ADDRESS CLASS OF NATURE AND EXTENT
OF PERSON PERSON OF
INJURIES
_________________________________________________________________________________
Employee on (describe fully, giving
duty number of days of disability - actual or
Employee not probable - and if killed
on duty outright, or death
occurred as result of
Other person accident so state).
_________________________________________________________________________________
Details of Damage to Property ______________________________________________________________________________
DESCRIPTION OF PROPERTY NATURE AND EXTENT OF
DAMAGE ______________________________________________________________________________
(Include all property damage whether owned by reporting utility or others).
_________________________________________________________________________________
What steps have been taken to avoid such accidents in the future __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Detailed account of Accident
(Describe the nature and circumstances of accident)
(Use reverse side if more space is required)
STATE OF _____________________ )
) ss.
COUNTY OF ___________________ )
I, (name of affiant), being first duly sworn, do say upon my oath that I am (title of office held by affiant) of (name of reporting utility); that it is my duty to have supervision over said utility's record of reportable accidents; and that I have caused to be compiled therefrom the foregoing report, which is true and complete to the best of my knowledge and belief.
___________________________
(Signature of affiant)
Subscribed and sworn to before me this ______ day of ______________, ________.
___________________________
(Notary Public)
(i) Form No. 9:
QUARTERLY REPORT TO WYOMING PUBLIC SERVICE COMMISSION
HEATING VALUE OF NATURAL GAS SUPPLIED: MCF SOLD: TOTAL
REVENUE
REPORT FOR QUARTER ENDED ___________________ ,_________
COMPANY _____________________________________________________________________
ADDRESS ____________________________________________________________________
DELIVERY POINT ________________________________________________________________
ELEVATION ___________ AVERAGE ATMOSPHERIC PRESSURE (PSIA) ________
SALES BASE PRESSURE _________________________________________________________
PURCHASE BASE PRESSURE (PSIA) _________________________________________
(j) Form No. 10 |
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TELECOMMUNICATIONS SERVICE INTERRUPTION REPORT |
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Created on _______________________ |
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Status Report |
______Initial _____Significant Update _____Final |
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Report Number |
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Date and Time |
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For questions contact |
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Telephone Number |
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Reason for Service Interruption Notification |
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Cause of Service Interruption |
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Location of Service Interruption |
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Required Repairs |
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Expected Duration |
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Actual Duration (Hour:Min) |
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Number of Customers/Cable pair impacted |
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Services Affected, i.e. switch isolation, 911, etc. |
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Agencies Notified; i.e. sheriff, police, PSAPs, etc. |
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Significant Update |
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Resolution |
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