Rhode Island General Laws
Chapter 39-1 - Public Utilities Commission
Section 39-1-61. - Rhode Island telecommunications education access fund.

§ 39-1-61. Rhode Island telecommunications education access fund.
(a) Preamble. For the past ten (10) years, the schools and libraries of Rhode Island have benefited from a regulatory agreement with Verizon and its predecessor companies that has provided up to two million dollars ($2,000,000) annually for support of telecommunications lines for internet access. In addition, the funds provided for in the original regulatory agreement and every dollar generated hereunder leverages a one dollar and twenty-seven cents ($1.27) federal E-Rate match. With the regulatory agreement approaching its termination and the advent of more advanced technologies, it is the intent of this section to provide a continued source of funding for internet access for eligible public and private schools and libraries.
(b) Definitions. As used in this section, the following terms have the following meanings:
(1) “Department” means the Rhode Island department of elementary and secondary education.
(2) “Division” means the division of public utilities and carriers.
(3) “Telecommunications education access fund” means the programs and funding made available to qualified libraries and schools to assist in paying the costs of acquiring, installing, and using telecommunications technologies to access the internet.
(c) Purpose. The purpose of the telecommunications education access fund shall be to fund a basic level of internet connectivity for all of the qualified schools (kindergarten through grade 12) and libraries in the state.
(d) Authority. The division shall establish, by rule or regulation, an appropriate funding mechanism to recover from the general body of ratepayers the costs of providing telecommunications technology to access the internet.
(1) The general assembly shall determine the amount of a monthly surcharge to be levied upon each residence and business telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and each service line or trunk, and upon each user interface number or extension number or similarly identifiable line, trunk, or path to or from a digital network. The department will provide the general assembly with information and recommendations regarding the necessary level of funding to effectuate the purposes of this section. The surcharge shall be billed by each telecommunications services provider and shall be payable to the telecommunications services provider by the subscriber of the telecommunications services. State, local, and quasi-governmental agencies shall be exempt from the surcharge. The surcharge shall be deposited in a restricted-receipt account, hereby created within the department of elementary and secondary education and known as the telecommunications education access fund, to pay any and all costs associated with subsection (b)(3). The amount of the surcharge shall not exceed thirty-five cents ($.35) per access line or trunk.
(2) The surcharge is hereby determined to be twenty-six cents ($.26) per access line or trunk.
(3) The amount of the surcharge shall not be subject to the sales and use tax imposed under chapter 18 of title 44 nor be included within the gross earnings of the telecommunications corporation providing telecommunications service for the purpose of computing the tax under chapter 13 of title 44.
(e) Administration. The division, with input from the department, shall administer the telecommunications education access fund consistent with the requirements of the Universal Service (E-Rate) program. The division of taxation shall collect from the telecommunications service providers the amounts of the surcharge collected from their subscribers. The department, with the approval of the division, shall publish requests for proposals that do not favor any particular technology, evaluate competitive bids, and select products and services that best serve the internet access needs of schools and libraries. In doing so, the department shall endeavor to obtain all available E-Rate matching funds. The department is further authorized and encouraged to seek matching funds from all local, state, and federal public or private entities. The department shall approve disbursement of funds under this section in accordance with the division’s directives. Unsuccessful bids may be appealed to the division. The division shall annually review the department’s disbursements from this account to ensure that the department’s decisions do not favor any competitor.
(f) Eligibility. All schools seeking support from the fund must be eligible for Universal Service (E-Rate) support and meet the definition of “elementary school” or “secondary school” in the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. § 8801). Schools operating as a for-profit business or with endowments exceeding fifty million dollars ($50,000,000) are not eligible for support. All libraries seeking support from the fund must meet the definition of “library” or “library consortium” in the Library Services and Technology Act, Pub. L. No. 104-208, § 211 et seq., 110 Stat. 3009 (1996) and must be eligible for assistance from a state library administrative agency under that act. Only libraries that have budgets that are completely separate from any schools (including, but not limited to, elementary and secondary, colleges and universities) shall be eligible to receive support. Libraries operating as a for-profit business shall not be eligible for support.
(g) Effective date. The effective date of assessment for the telecommunications education access fund shall be January 1, 2004.
History of Section.P.L. 2003, ch. 376, art. 40, § 1; P.L. 2004, ch. 595, art. 31, § 1; P.L. 2006, ch. 246, art. 4, § 2; P.L. 2020, ch. 79, art. 1, § 2.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 39 - Public Utilities and Carriers

Chapter 39-1 - Public Utilities Commission

Section 39-1-1. - Declaration of policy — Purposes.

Section 39-1-2. - Definitions.

Section 39-1-2.1. - Presumption of in-state use or intrastate commerce upon use or transportation of liquefied natural gas within the state.

Section 39-1-3. - Commission and division established — Functions of commission — Administrator.

Section 39-1-4. - Composition of commission — Terms — Vacancies.

Section 39-1-5. - Removal of commissioner from office.

Section 39-1-6. - Holding over in office.

Section 39-1-7. - Powers of commission — Seal.

Section 39-1-8. - Quorum — Meetings.

Section 39-1-9. - Clerk — Oath of office.

Section 39-1-10. - Powers and duties of clerk.

Section 39-1-11. - Proceedings before commission.

Section 39-1-12. - Prehearing procedure — Formulating issues — Copies of exhibits.

Section 39-1-13. - Subpoena powers of commissioners.

Section 39-1-14. - [Repealed.]

Section 39-1-15. - Investigators and examiners.

Section 39-1-15.1. - Enforcement powers of inspectors.

Section 39-1-15.2. - Enforcement by police departments.

Section 39-1-16. - Depositions.

Section 39-1-17. - Consumers’ council participation.

Section 39-1-18. - Hearings and records — Certified copies.

Section 39-1-19. - Personnel — Legal representation.

Section 39-1-20. - Assistance for investigations and hearings.

Section 39-1-21. - Access to premises of utility.

Section 39-1-22. - False returns.

Section 39-1-23. - Administrative expenses — Assessment against utilities.

Section 39-1-23.1. - Motor carrier enforcement program created — Recovery of expenses through a percentage of fines collected from motor carriers.

Section 39-1-24. - Certification, collection, and deposit of assessments.

Section 39-1-25. - Objection to assessments.

Section 39-1-26. - Public utilities reserve fund created — Appropriations — Recovery of expenses from utility companies.

Section 39-1-27. - Electric distribution companies required to file restructuring plans.

Section 39-1-27.1. - Retail electric licensing commission plan requirements and nonregulated power producer registration requirements.

Section 39-1-27.2. - [Repealed.]

Section 39-1-27.3. - Electric distribution companies required to provide retail access, standard offer and last-resort service.

Section 39-1-27.3.1. - Option to return to standard offer.

Section 39-1-27.4. - Transition charges authorized.

Section 39-1-27.5. - [Repealed.]

Section 39-1-27.6. - Standards of conduct.

Section 39-1-27.7. - System reliability and least-cost procurement.

Section 39-1-27.7.1. - Revenue decoupling.

Section 39-1-27.8. - Supply procurement portfolio.

Section 39-1-27.9. - Office of energy resources participation.

Section 39-1-27.10. - Electric and gas distribution companies required to file affordable energy plans.

Section 39-1-27.11. - Affordable gas for public housing authorities.

Section 39-1-27.12. - Low Income Home Energy Assistance Program Enhancement Plan.

Section 39-1-27.13. - Alternative suppliers and purchase of receivables program.

Section 39-1-28. - Acceptance of grants.

Section 39-1-29. - Proceedings before federal agencies — Cooperation with other agencies.

Section 39-1-30. - Zoning review — Approval of ordinances and regulations.

Section 39-1-30.1. - Validation of location of utilities.

Section 39-1-30.2. - Possession of land adverse to a utility.

Section 39-1-30.3. - Installation of public utility services for abutting owners on private ways authorized.

Section 39-1-31. - Eminent domain.

Section 39-1-32. - Emergency powers of commission.

Section 39-1-33. - Reports.

Section 39-1-34. - Disposition of fees.

Section 39-1-35. - Conflict of interest.

Section 39-1-36. - Offices of commission and division.

Section 39-1-37. - “Public utility administrator” defined — Continuity of functions.

Section 39-1-37.1. - Ratepayers advisory board.

Section 39-1-38. - Liberal construction — Incidental powers — Severability.

Section 39-1-39. - [Repealed.]

Section 39-1-40. - Toll-free telephone service for complaints.

Section 39-1-41. - [Repealed.]

Section 39-1-42. - Access to telephone information services for persons with disabilities.

Section 39-1-43. - [Repealed.]

Section 39-1-44. - [Repealed.]

Section 39-1-45. - [Repealed.]

Section 39-1-46. - [Repealed.]

Section 39-1-47. - [Repealed.]

Section 39-1-48. - [Repealed.]

Section 39-1-49. - [Repealed.]

Section 39-1-50. - [Repealed.]

Section 39-1-51. - [Repealed.]

Section 39-1-52. - [Repealed.]

Section 39-1-53. - [Repealed.]

Section 39-1-54. - [Repealed.]

Section 39-1-55. - [Repealed.]

Section 39-1-56. - [Repealed.]

Section 39-1-57. - [Repealed.]

Section 39-1-58. - [Repealed.]

Section 39-1-59. - [Repealed.]

Section 39-1-60. - [Repealed.]

Section 39-1-61. - Rhode Island telecommunications education access fund.

Section 39-1-62. - [Repealed.]