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B-226527 1 (1988-02-03)

handle is hein.gao/gaobadmzh0001 and id is 1 raw text is: 



,Lc        The Comptroller General
           of the United States
           Washington, D.C. 20548
           Decision


                      Surcharge of Utah Public Service Commission's

            Matterof- Lifeline Telephone Service Program.

            File:     B-226527

            Date:     February 3, 1988


            DIGESTS

            1. United States Department of the Interior can pay a
            surcharge levied indiscriminately against the United States,
            commercial businesses, and private residences, pursuant to a
            Utah Public Service Commission lifeline telephone service
            program that provides discounted residential telephone rates
            for Utah residents eligible for various public assistance
            programs. Discrimination by a public utility in setting its
            rates is not unlawful when based upon a classification
            corresponding to economic differences among its consumers.

            2. Surcharge assessed by telephone service providers to
            implement Utah Public Service Commission's lifeline tele-
            phone service program by which lower income individuals
            receive less expensive service is not a tax, but part of an
            authorized rate for telephone services. The surcharge
            represents a partial redistribution of costs incurred by
            telephone service providers whereby the poorer users pay
            less for their services. 64 Comp. Gen. 655 (1985)
            distinguished.

            DECISION

            A certifying officer with the National Park Service of the
            United States Department of the Interior asks whether a
            surcharge levied pursuant to the Utah Public Service
            Commission's Lifeline Telephone Service Program can be
            certified for payment. For the reasons given below, we find
            that the payment can be certified.

            BACKGROUND

            Effective January 1, 1987, the Utah Public Service Commis-
            sion established a program to provide discounted residential
            telephone rates for certain low income Utah residents. The
            program is known as the Lifeline Telephone Service Program.
            Utah Public Service Commission, SS R750-341 et seq.
            Beneficiaries are residents who are currently elgible for
            various public assistance programs, including Aid to


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