2005 Idaho Code - 62-610D — ELIGIBLE TELECOMMUNICATIONS CARRIERS

                                  TITLE  62
                             RAILROADS AND OTHER
                               PUBLIC UTILITIES
                                  CHAPTER 6
                        TELECOMMUNICATIONS ACT OF 1988
    62-610D.  ELIGIBLE TELECOMMUNICATIONS CARRIERS. (1) Only a
telecommunications carrier designated as an eligible telecommunications
carrier by the commission shall be eligible to receive universal service fund
support.
    (2)  The commission shall upon its own motion or upon request designate a
telecommunications carrier that meets the requirements of subsection (3) of
this section as an eligible telecommunications carrier for a service area
designated by the commission. Upon request and consistent with the public
interest, convenience and necessity, the commission may, in the case of an
area served by a rural telephone company, and shall, in the case of all other
areas, designate more than one (1) telecommunications carrier as an eligible
telecommunications carrier for a service area designated by the commission, so
long as the requesting telecommunications carrier meets the requirements set
forth in this section. Before designating an additional eligible
telecommunications carrier for an area served by a rural telephone company,
the commission shall find that the designation is in the public interest.
    (3)  A telecommunications carrier requesting designation as an eligible
telecommunications carrier shall, throughout the service area for which the
designation is made:
    (a)  Offer the services which are within the definition of universal
    service adopted by the commission, using its own facilities or a
    combination of its own facilities and resale of another telecommunications
    carrier's services (including the services offered by another eligible
    telecommunications carrier); and
    (b)  Advertise the availability of such services and the charges therefor
    using media of general distribution.
    (c)  For the purpose of being eligible to receive support from the fund,
    the eligible telecommunications carrier shall also offer low-income
    telecommunication services pursuant to chapter 9, title 56, Idaho Code.
    (4)  The commission shall permit an eligible telecommunications carrier to
relinquish its designation as such a carrier in any area served by more than
one (1) eligible telecommunications carrier. An eligible telecommunications
carrier that seeks to relinquish its eligible telecommunications carrier
designation for an area served by more than one (1) eligible
telecommunications carrier shall give no less than thirty (30) days notice to
the commission of its intent to relinquish such designation. Prior to
permitting a telecommunications carrier designated as an eligible
telecommunications carrier to cease providing universal service in an area
served by more than one (1) eligible telecommunications carrier, the
commission shall require the remaining eligible telecommunications carrier or
carriers to ensure that all customers served by the relinquishing carrier will
continue to be served.