Section 757.500  BIAS Program Administration

a)         Notwithstanding any other provision of this Part, UTAC may develop a recommendation for UTAC to administer a program to provide assistance to eligible customers and/or eligible new customers of BIAS offered by BIAS providers that voluntarily participate in that program.  If UTAC elects to develop such a recommendation, UTAC shall file with the Commission a petition requesting the Commission to approve the recommended program and determine the amount of assistance UTAC shall provide each eligible new subscriber or eligible subscriber under the program.  The petition shall contain recommendations of the UTSAP Administrator as to the amount of the assistance.  The Commission may enter an order adopting UTAC's recommendation without a hearing; however, a hearing shall be held if requested by a party or by Staff within 30 days after the date the petition is filed, and a hearing may also be held on the Commission's own motion.

b)         On July 1 of each year thereafter, UTAC shall file with the Commission a petition requesting the Commission to redetermine the amount, if any, UTAC shall provide each eligible new subscriber or eligible subscriber under the programs set forth in this subsection (b).  The petition shall contain recommendations of the UTSAP Administrator of the amount of that assistance.  The Commission may enter an order without a hearing; however, a hearing shall be held if requested by a party or by Staff within 30 days after the date the petition is filed, and a hearing may also be held on the Commission's own motion.  The Commission shall determine, subject to the availability of funds, the amount of supplemental assistance, if any, the providers shall provide each eligible new subscriber or eligible subscriber.  The petition filed pursuant to this subsection (b) shall be filed together with the petition filed pursuant to Section 757.200(b).

c)         The Commission, on its own motion, or based upon a petition filed by the UTSAP Administrator, may order the suspension of payments or temporarily reduce the amount of the supplemental assistance provided under the programs set forth in this Section if the total program costs, in combination with the costs of any other programs administered by UTAC subject to this Part, exceed, or will exceed, the funds available from contributions specified in Section 757.205.  If the Commission suspends or reduces the amount of payments under this Section, the Commission shall determine, subject to the availability of funds, the amount of supplemental assistance, if any, the providers shall provide each eligible new subscriber or eligible subscriber.

d)         Whenever UTAC elects or is obligated to make a filing under this Section or any other provision of this Part, UTAC may address BIAS and local exchange service in the same filing, provided that any discussion of programs, supplemental assistance or recommendations shall clearly identify whether the discussion pertains to BIAS, local exchange service, or both.

e)         If and when UTAC develops a recommendation for UTAC to administer a program to provide assistance to eligible customers and/or eligible new customers of BIAS offered by BIAS providers that voluntarily participate in that program, UTAC may propose to extend the BIAS program to include assistance to eligible customers and/or eligible new customers of Voice Telephony Service (as that term is defined in 47 CFR 54.400 (July 1, 2017)) other than local exchange service offered by Voice Telephony Service providers that voluntarily participate in the BIAS program.

(Source:  Added at 42 Ill. Reg. 16417, effective August 15, 2018)