§269-42  Universal service program; contributions.  (a)  There is established outside of the state treasury a special fund to be known as the universal service fund to be administered by the commission to implement the policies and goals of universal service.  The fund shall consist of contributions from the sources identified in subsections (e) and (f).  Interest earned from the balance of the fund shall become a part of the fund.  The commission shall adopt rules regarding the distribution of moneys from the fund including reimbursements to carriers for providing reduced rates to low-income, elderly, residents of underserved or rural areas, or other subscribers, as authorized by the commission.

     (b)  The commission may allow distribution of funds directly to customers based upon a need criteria established by the commission.

     (c)  A telecommunications carrier or other person contributing to the universal service program may establish a surcharge which is clearly identified and explained on customers' bills to collect from customers contributions required under this section.

     (d)  Telecommunications carriers may compete to provide services to underserved areas using funds from the universal service program.  For the purposes of this section, "underserved areas" means those areas in the State that lack or have very limited access to high capacity, advanced telecommunications networks and information services, including access to cable television.

     (e)  The commission shall require all telecommunications carriers to contribute to the universal service program.  The commission may require a person other than a telecommunications carrier to contribute to the universal service program if, after notice and opportunity for hearing, the commission determines that the person is offering a commercial service in the State that directly benefits from the telecommunications infrastructure, and that directly competes with a telecommunications service provided in the State for which a contribution is required under this subsection.

     (f)  The commission shall designate the method by which the contributions under subsection (e) shall be calculated and collected.  The commission shall consider basing contributions solely on the gross operating revenues from the retail provision of intrastate telecommunications services offered by the telecommunications carriers subject to the contribution. [L 1995, c 225, pt of §2; am L 1999, c 135, §3]