5. Assessment on telecommunications carriers. The Bureau of Rehabilitation Services, beginning in fiscal year 1999-2000, shall assess annually telecommunications carriers in accordance with this subsection and deposit the funds collected in the Telecommunications Equipment Fund. The bureau shall assess telecommunications carriers in accordance with a schedule established by the Public Utilities Commission in accordance with this subsection.

A. The Public Utilities Commission shall determine which carriers are to be assessed under this subsection based on an evaluation of the extent of business activity undertaken by carriers in the State and the practicalities of making the assessment. The Public Utilities Commission shall include as many carriers as reasonably practicable in order to ensure a fair and broad allocation of the assessment.

B. The Public Utilities Commission shall establish an assessment schedule that is proportional to the gross annual revenues of the carriers identified for assessment and that will generate an annual aggregate of $85,000.

C. A telecommunications carrier doing business in this State, including a provider of interstate services and a provider of wireless services, shall provide to the Public Utilities Commission, on request, records relating to its gross revenues. At the request of a carrier, the Public Utilities Commission may issue a protective order in accordance with the Maine Rules of Civil Procedure, Rule 26 (c) to protect any confidential business information provided by the carrier. Records placed under protective order by the Public Utilities Commission to this paragraph are within the scope of a privilege against discovery within the meaning of Title 1, section 402, subsection 3, paragraph B and are not public records while under the protective order.

Sec. A-4. 35-A MRSA §7104, sub-§5 is enacted to read:

5.__Funds for Communication Equipment Fund.__The commission shall annually transfer $85,000 from a state universal service