Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

52 Pa. Code § 63.167. Administrator’s duties.

§ 63.167. Administrator’s duties.

 The administrator shall have the following duties:

   (1)  Maintain a database to track contributing telecommunications providers.

   (2)  Develop Commission-approved forms which all telecommunications service providers will submit to the administrator on a monthly basis with their monthly contributions.

   (3)  Review the completed forms to ensure completeness and accuracy of reported revenue and Fund assessments and contact providers whose accounts contain unexplained variances in reported revenues or Fund assessments.

   (4)  Assess late-payment charges of 1.5% per month pro rata per diem on contributions that are 30 days or more past due.

   (5)  Send initial notices of delinquency to delinquent contributors when a payment is 30 days past due and follow up with at least one subsequent written notice, phone call, or both, to the contributor to pursue collection of Fund payments that are 60 days past due.

   (6)  Maintain logs of notices to delinquent contributors and refer to the Commission for further enforcement, on a monthly basis, all accounts more than 90-days past due.

   (7)  Immediately inform the Commission if the administrator has reason to believe that a contributing telecommunications provider has submitted false information to the administrator with the intent of obtaining fraudulent funding or underreported end-user revenue, or if any other irregularity occurs in the operation or administration of the Fund. Penalties that will be assessed to the contributing telecommunications provider are addressed in §  63.171 (relating to enforcement).

   (8)  Invest Fund moneys in interest-bearing instruments designed to minimize risk of loss while providing maximum liquidity. Return on investment shall be placed into the Fund. Permitted investments include:

     (i)   Marketable obligations directly and fully guaranteed by the United States government.

     (ii)   Federally-insured checking, money market accounts or certificates of deposit.

     (iii)   Other accounts expressly approved by the Commission.

   (9)  Promptly advise the Commission if the administrator projects any potential Fund shortfall or if Fund disbursements exceed receipts in a given month.

   (10)  In January of each year, mail reporting forms to each contributing telecommunications provider to acquire appropriate data to determine the following:

     (i)   Each contributing telecommunications provider’s intraState end-user telecommunications retail revenue for the prior calendar year.

     (ii)   The Fund recipients’ access line growth which translates into a dollar amount increase in the size of the next year’s Fund.

     (iii)   Aggregate Statewide end-user intraState retail revenue of all contributing telecommunications providers for the previous calendar year.

     (iv)   Each contributing telecommunications provider’s contribution for the following calendar year.

   (11)  Cooperate with the auditor selected by the Commission and provide data and information reasonably required to support audit activities.

   (12)  Promptly respond to Commission requests for information pertaining to Fund administration.

   (13)  Maintain adequate principal liability insurance coverage, criminal liability coverage, and a sufficient umbrella liability policy.

   (14)  Prepare reports of Fund activity for the Commission on a monthly basis detailing carrier assessments, delinquent payers, late-payment charges, fund disbursements, interest earned and cumulative results.

   (15)  Maintain records by contributor and by recipient.

   (16)  Provide additional reports as requested by the Commission.

   (17)  Maintain a statement of financial condition (balance sheet) and income statement for the total fund, and a sources and uses of funds statement, which will tie to the total Fund income statement.

   (18)  Deliver the balance sheet, income statement, and sources and uses of funds statement to the Fund auditor by May 1 of each year so that the auditor may prepare its report.

   (19)  Maintain a system of internal controls.

   (20)  Consider the auditor’s report in preparing the annual report for submission to the Commission and include any undercollections or overcollections identified by the audit report in developing a proposed budget for the upcoming fiscal year.

   (21)  Submit the administrator’s annual report by September 1 or 60 days following receipt of the audit report, whichever is later.

   (22)  With prior Commission approval, borrow monies to cover the short-term liabilities of the Fund caused by undercollections.

   (23)  At least 60 days before short-term borrowing is necessary, the administrator shall provide formal notice to the Commission which identifies the amount, the proposed lending source and the terms and conditions of the loan.

   (24)  Comply with the contract and Commission orders. Any dispute between the administrator and any contributing telecommunications provider shall be submitted to the Commission for resolution.

   (25)  Have access to the books of account of all telecommunications service providers to the limited extent necessary to verify their intraState end-user telecommunications retail revenues and other information used by the administrator in determining assessments and disbursements for the Fund.

   (26)  Treat competitive and financial information received as confidential and proprietary and only release that information upon order of the Commission.

   (27)  Operate on a fiscal year which shall be the same as the calendar year.



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