reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 7 - Tariffs › Section 165:58-7-5.1 - Confidential information related to tariffs

Current through Vol. 41, No. 20, July 1, 2024
(a) With the exception of information and
				data related to the dollar and percentage impacts of the proposed change(s) on
				end-user rates and the rationale for the proposed tariffs, any additional
				financial or cost data, or data that is identifiable to a specific customer,
				requested by the Public Utility Division Staff shall be deemed confidential
				records or trade secrets of the payphone service provider under the Oklahoma
				Open Records Act as provided for by 51 O.S. §
									24A.22
				and shall be kept confidential by the Commission, unless successfully
				challenged.
(b) All confidential
				information and data submitted to the Public Utility Division Staff under
				subsection (a) of this Section shall be conspicuously labeled "Confidential
				information and data submitted pursuant to OAC 165:58-7-5.1."
(c) For each tariff filing submitted by a
				payphone service provider in accordance with OAC
				165:58-7-5,
				the same confidential information and data provided to the Public Utility
				Division Staff shall also be provided to the Office of the Attorney General
				upon the signing of a Proprietary Agreement by the Attorney General or its
				representative.
(d) All
				confidential information and data provided to the Office of the Attorney
				General under subsection (c) of this Section shall be conspicuously labeled
				"Confidential information and data submitted pursuant to OAC
				165:58-7-5.1."
Added at 15 Ok Reg 3106,
				  eff 7-15-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 7 - Tariffs › Section 165:58-7-5.2 - Name changes and/or trade name additions

Current through Vol. 41, No. 20, July 1, 2024
Any name changes and/or trade name additions shall be
				  approved pursuant to OAC 165-58-7-5(d).
Amended at 16 Ok Reg
				  2333, eff 7-1-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 7 - Tariffs › Section 165:58-7-6 - Suspension

Current through Vol. 41, No. 20, July 1, 2024
(a) Any tariff
				filed with the Commission or submitted to the Director of the Public Utility
				Division pursuant to OAC
				165:58-7-5
				may be suspended by Commission order, with or without notice or hearing, upon
				recommendation by the Public Utility Division Staff. The Commission may also
				order suspension of proposed revisions on motion by an aggrieved party, after
				notice and hearing.
(b) To lift the
				suspension of any filing or submission made by a payphone service provider
				pursuant to this Chapter, whether the application has been subsequently amended
				after the suspension or not:
(1) The applicant
				shall file a motion pursuant to OAC
				165:5-9-2(b),
				which requests that the suspension be lifted, giving notice to the Oklahoma
				Attorney General and to all parties of record; or,
(2) The application may be set for hearing on
				the merits at a time to be agreed upon by the Public Utility Division and the
				applicant.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 7 - Tariffs › Section 165:58-7-7 - Objections

Current through Vol. 41, No. 20, July 1, 2024
Any entity wishing to object to an initial tariff filed
				  pursuant to this Chapter may file objections with the Commission's Court Clerk
				  within fifteen (15) days after the proposed tariff is filed. Any such objection
				  shall comply with the requirements of OAC 165:5, the Commission's Rules of
				  Practice, and this Chapter, and must contain a specific description of the
				  basis for the objection and all information necessary to allow evaluation of
				  the objection. The objecting entity shall promptly serve its objection on the
				  payphone service provider which filed the proposed initial tariff, the Director
				  of the Public Utility Division, any Intervenors, and the Oklahoma Attorney
				  General.
Added at 14 Ok Reg 21,
				  eff 9-30-96 (emergency); Added at 14 Ok Reg 1261, eff
				  5-15-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 7 - Tariffs › Section 165:58-7-9 - Changes to local coin rates

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The charge for a local coin call was deregulated pursuant to the FCC's Order
				96-338, issued September 20, 1996, Order 96-439, issued November 8, 1996, and
				Order DA97-678, issued April 4, 1997, in the FCC's Docket 91-35 and Docket
				96-128 and became effective October 7, 1997.
(b) The payphone service provider is required
				to provide, to the Public Utility Division, its local coin rate(s) on a
				separate local coin rate page or letter which will be included behind the
				approved regulated tariff for informational purposes only.
(c) The payphone service provider is allowed
				to change the rate charged for a local coin call without Commission approval,
				but only after the following conditions have been met:
(1) Signage on all affected payphones shall
				be revised to reflect the revised local coin rate.
(2) Provide, by letter to the Director of the
				Public Utility Division, the requested information and an attestation that
				states that the signage on all affected payphones has been changed to reflect
				the revised local coin rate.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 9 - Miscellaneous Provisions › Section 165:58-9-1 - Notification when a payphone service provider withdraws from business [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 21,
				  eff 9-30-96 (emergency); Added at 14 Ok Reg 1261, eff 5-15-97; Revoked at 15 Ok
				  Reg 3106, eff 7-15-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 9 - Miscellaneous Provisions › Section 165:58-9-2 - Responsibilities and penalties

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Each payphone service provider is responsible for abiding by all applicable
				Oklahoma statutes, Commission rules, regulations and orders, and
				telecommunications service provider's tariffs. Penalties for failure to comply
				with this requirement may include, but are not limited to, immediate
				disconnections of service and revocation of the payphone service provider's
				Certificate of Convenience and Necessity to provide payphone service or other
				type of authority to provide payphone service authorized by this Commission,
				after notice and hearing.
(b)
				Violation of OAC
				165:58-3-5,
				by either the payphone service provider or the telecommunications service
				provider who is providing the access line, will subject one or both providers
				to fines and/or penalities including, but not limited to, denial or revocation
				of its Certificate of Convenience and Necessity, by the Commission, after
				notice and hearing.
(c) The
				Commission may suspend or revoke a PSP's Certificate of Convenience and
				Necessity for up to one year for repeat violations of Commission
				rules.
Added at 14 Ok Reg 21,
				  eff 9-30-96 (emergency); Added at 14 Ok Reg 1261, eff 5-15-97; Amended at 16 Ok
				  Reg 2333, eff 7-1-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 11 - Obligations of Telecommunications Service Providers › Section 165:58-11-1 - Obligations of telecommunications service providers to facilitate the provisioning of payphone service

Current through Vol. 41, No. 20, July 1, 2024
(a)
				A listing, or no listing, in the local telephone white page directory will be
				provided to the payphone service provider on request, at no charge, for each
				line utilized by the payphone service provider.
(b) Access for payphone service providers
				must be available in all exchanges and service areas where facilities are
				available.
(c) Until such time as
				an applicable payphone access line tariff is approved, access by payphone
				service providers to the incumbent LEC's network will be provided by means of a
				special service arrangement based on the incumbent LEC's business access line
				tariff rate.
(d) Incoming call
				screening and outgoing call screening must be provided where and when it is
				technically feasible, and in any event not later than July 1, 1998.
(e) The telecommunications service provider
				shall not initiate a billable maintenance service call or take any other
				billable action in response to a trouble report on a payphone until such time
				as requested by the payphone owner or authorized agent.
(f) Directory assistance provided to a
				payphone service provider by a telecommunications service provider shall be on
				the same terms, conditions and rates that the telecommunications service
				provider provides such service to itself or its payphone service affiliate or
				subsidiary. Telecommunications service providers shall not be required to
				provide such service to payphones accessible to inmates of confinement
				facilities.
(g) The
				telecommunications service provider must provide to payphone service providers
				who use automated call completion technology to complete operator service calls
				the same services and information that the telecommunications service provider
				provides to interexchange carriers, on the same rates, terms and
				conditions.
(h) Telecommunications
				service providers must offer direct dialed international call blocking ("011+"
				and "101XXXX+011+") where technically feasible.
(i) The telecommunications service provider
				shall only provide access lines to the payphone service provider after a copy
				of the Certificate of Convenience and Necessity has been provided.
				Additionally, the telecommunications service provider shall only provide access
				lines to a payphone provider in the same name as that listed on the Certificate
				of Convenience and Necessity and that shall be the account billing
				name.
Added at 14 Ok Reg 21,
				  eff 9-30-96 (emergency); Added at 14 Ok Reg 1261, eff 5-15-97; Amended at 15 Ok
				  Reg 3106, eff 7-15-98; Amended at 16 Ok Reg 2333, eff
				  7-1-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 12 - Notification of Changes to Ownership, Control or Business Operations › Section 165:58-12-2 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  3106, eff 7-15-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 12 - Notification of Changes to Ownership, Control or Business Operations › Section 165:58-12-3 - Cessation of business in Oklahoma

Current through Vol. 41, No. 20, July 1, 2024
(a) At least thirty (30) days before the
				effective date of the cessation of the provisioning of payphone services in the
				State of Oklahoma, a payphone service provider shall file an original and eight
				(8) copies of an application for withdrawal of its Certificate of Convenience
				and Necessity and cancellation of its tariffs and provide Notice of such filing
				to the Attorney General of the State of Oklahoma.
(b) An application for withdrawal shall
				include as attachments the following information, which must be certified as
				true and correct by an officer of any corporate applicant, or an authorized
				representative of an unincorporated applicant:
(1) The contact person who will be
				responsible for concluding all outstanding business with the Commission and
				aggregators/location owners;
(2)
				Information as to the procedure for any refunds due to customers; and
(3) The date of withdrawal;
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Subchapter 13 - Fraud › Section 165:58-13-1 - Obligations of telecommunication service providers and payphone service providers regarding fraud

Current through Vol. 41, No. 20, July 1, 2024
(a) Where call
				screening is available, the telecommunications service provider will not bill
				any call, including, but not limited to, third number billed, collect, 0+ or 0-
				calls, to a number which has been clearly identified to the operator, at the
				time of the call attempt, as a payphone. The telecommunications service
				provider will not be responsible for refunds or adjustments of charges for
				calls placed through another operator. However, the telecommunication service
				provider shall be responsible to the payphone service provider for any fraud if
				the telecommunication service provider's call screening, which is paid for by
				the payphone service provider, fails.
(b) If a payphone service provider provides
				payphone service in a territory where call screening is not available, the
				payphone service provider shall be responsible to the provider(s) of
				telecommunication services who are adversely affected by fraudulent traffic
				from or to any of the payphones placed by the payphone service provider in such
				a territory, except that if a telecommunications service provider fails to
				comply with OAC
				165:58-11-1(d),
				the telecommunications service provider shall be responsible to the providers
				of telecommunication services who are adversely affected by fraudulent traffic
				from or to payphones located in such territory.
Added at 14 Ok Reg 21,
				  eff 9-30-96 (emergency); Added at 14 Ok Reg 1261, eff
				  5-15-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Appendix G - Technical and Compliance Inspection Form Pay Telephone Inspection Form

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Figure
				2
Added at 14 Ok Reg 21, eff
				9-30-96 (emergency) ; Added at 14 Ok Reg 1261, eff
				5-15-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 58 - Facilitation and Provisioning of Payphone Service › Appendix H - Affidavit of Authorized Agent Form

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Figure
				2
Added at 14 Ok Reg 21, eff
				9-30-96 (emergency) ; Added at 14 Ok Reg 1261, eff 5-15-97; Revoked and
				reenacted at 15 Ok Reg 3106, eff 7-15-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 1 - General Provisions › Section 165:59-1-1 - Purpose and title

Current through Vol. 41, No. 20, July 1, 2024
(a) This
				Chapter establishes the Oklahoma Corporation Commission Rules and Regulations
				implementing the Oklahoma Telecommunications Act of 1997 (hereinafter referred
				to as the "Oklahoma Telecommunications Act"). This Chapter shall be cited as
				the Oklahoma Universal Service and Oklahoma Lifeline Rules.
(b) The purpose of this Chapter is to
				establish such rules pertaining to Universal Services and the Oklahoma Lifeline
				Service Program as are necessary and appropriate to implement the Oklahoma
				Telecommunications Act.
(c) This
				Chapter also establishes the procedures for administration of the OUSF and the
				OLF.
Added at 14 Ok Reg 2562,
				  eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at 15 Ok
				  Reg 1901, eff 7-1-98; Amended at 16 Ok Reg 2360, eff 7-1-99; Amended at 28 Ok
				  Reg 2255, eff 7-25-11
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 1 - General Provisions › Section 165:59-1-2 - Jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Corporation Commission has jurisdiction to
				  enact this Chapter by virtue of Article IX § 18 of the Constitution of the
				  State of Oklahoma, the Oklahoma Telecommunications Act, and the Federal
				  Telecommunications Act of 1996. The Commission has the authority to assess a
				  charge upon all telecommunications carriers and contributing providers, in
				  conformance with federal and state law to support the objectives for Oklahoma
				  Universal Services and Oklahoma Lifeline Service.
Added at 14 Ok Reg 2562,
				  eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at 15 Ok
				  Reg 1901, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 1 - General Provisions › Section 165:59-1-3 - Application of rules

Current through Vol. 41, No. 20, July 1, 2024
(a) This
				Chapter shall be read in context with any applicable:
(1) Federal law and/or regulation;
(2) State law and/or regulation; and,
(3) Commission order and/or rule.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 1 - General Provisions › Section 165:59-1-5 - Interpretation of rules

Current through Vol. 41, No. 20, July 1, 2024
The words contained in this Chapter shall be given their
				  ordinary and customary meanings, with technical terms and words being construed
				  as generally understood within the telecommunications industry, except where
				  otherwise expressly provided.
Added at 14 Ok Reg 2562,
				  eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 1 - General Provisions › Section 165:59-1-6 - Relief from rules

Current through Vol. 41, No. 20, July 1, 2024
Whenever compliance with any requirement of this Chapter
				  would result in unreasonable hardship upon or excessive expense to a party or
				  parties subject to the rules of this Chapter, the Commission may, upon
				  application and for good cause shown, issue an order waiving or modifying the
				  requirements of this Chapter. The Commission may grant temporary relief pending
				  hearing.
Added at 14 Ok Reg 2562,
				  eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 1 - General Provisions › Section 165:59-1-7 - Supremacy

Current through Vol. 41, No. 20, July 1, 2024
This Chapter supersedes any conflicting Commission order
				  that may be in effect on the effective date of this Chapter. If there is any
				  conflict between this Chapter and the Oklahoma Telecommunications Act, the
				  provisions of said Act shall supersede this Chapter to the extent of any
				  conflict. If there is any conflict between said Act and the Federal
				  Telecommunications Act of 1996, the provisions of the Federal Act shall prevail
				  to the extent of any conflict.
Added at 14 Ok Reg 2562,
				  eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at 15 Ok
				  Reg 1901, eff 7-1-98; Amended at 28 Ok Reg 2255, eff
				  7-25-11
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 1 - General Provisions › Section 165:59-1-8 - Controversy over rules

Current through Vol. 41, No. 20, July 1, 2024
Whenever a controversy exists in connection with the
				  interpretation of the rules of this Chapter or their applicability, or any
				  right or duty imposed thereby, the Commission, upon application of any
				  interested person and after notice and hearing, will enter such order thereon
				  as it may deem appropriate.
Added at 14 Ok Reg 2562,
				  eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 1 - General Provisions › Section 165:59-1-9 - Severability

Current through Vol. 41, No. 20, July 1, 2024
(a) Nothing in this
				Chapter shall relieve any entity from any of its duites under the laws of the
				State of Oklahoma or the United States.
(b) This Chapter shall not be construed so as
				to enlarge, diminish, modify, or alter the jurisdication, powers, or authority
				of the Commission.
(c) If any
				provision of this Chapter is held invalid, such invalidity shall not affect the
				other provisions of this Chapter or their applicability provided, such other
				provisions can be given effect without the invalid provision or its
				applicability, and to this end, the provisions of this Chapter are declared to
				be severable.
Added at 14 Ok Reg 2562,
				  eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 1 - OKLAHOMA UNIVERSAL SERVICES › Section 165:59-3-1 - Oklahoma Universal Services [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 2562, eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at
					 15 Ok Reg 1901, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 3 - OKLAHOMA UNIVERSAL SERVICE FUND › Section 165:59-3-10 - Use of the Oklahoma Universal Service Fund

Current through Vol. 41, No. 20, July 1, 2024
The OUSF provides financial support for demonstrated
					 necessity or statutory entitlement. Funding may be sought as necessary to
					 maintain rates for primary universal services that are reasonable and
					 affordable, and for special universal services.
Added at 14 Ok Reg
					 2562, eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at
					 15 Ok Reg 1901, eff 7-1-98; Amended at 16 Ok Reg 2360, eff
					 7-1-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 3 - OKLAHOMA UNIVERSAL SERVICE FUND › Section 165:59-3-11

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 14 Ok Reg
					 2562, eff 7-1-97; Added at 15 Ok Reg 1061, eff 1-6-98 (emergency); Added at 15
					 Ok Reg 1901, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 3 - OKLAHOMA UNIVERSAL SERVICE FUND › Section 165:59-3-12 - Operational requirements and processes for the OUSF [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 2562, eff 7-1-97; Revoked at 15 Ok Reg 1061, eff 1-6-98 (emergency); Revoked at
					 15 Ok Reg 1901, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 3 - OKLAHOMA UNIVERSAL SERVICE FUND › Section 165:59-3-13 - Establishment of OUSF Assessment

Current through Vol. 41, No. 20, July 1, 2024
(a)
Annual Case.
On or before January 15th of each year, the
				  Administrator shall file a case with the Commission's Court Clerk within which
				  to consider or adjust the OUSF Assessment, as necessary.
(b)
Periodic Status Reports.
Within the annual case filing, the Administrator shall file periodic status
				  reports for the Commission's consideration in determining whether any
				  adjustments to the assessment are necessary. These reports shall be filed each
				  quarter, no later than March 31, June 30, September 30, and December 31. Should
				  an adjustment be necessary, the Administrator shall include in the status
				  report all information in order that the Commission may set the assessment at a
				  level sufficient to recover costs of administration and payments for OUSF
				  requests for funding as provided for in the Oklahoma Telecommunications Act of
				  1997. The Administrator shall file status reports more frequently than
				  quarterly if the Administrator determines it necessary to change the
				  assessment.
(c)
Information to
				  include in status reports.
In the status report, the Administrator shall
				  provide a written narrative describing how the recommended assessment was
				  determined. The Administrator's report shall include information regarding
				  known and measurable demands on the OUSF, reasonable estimates of future
				  demand, estimated future contributions to the OUSF, and, if recommended, a
				  proposed adjusted assessment with a proposed effective date. The
				  Administrator's filing shall include anticipated payouts and expenses from the
				  OUSF for, at least, the following categories:
(1) Payment to the Attorney General, pursuant
				  to 17 O.S. § 139.104(A);
(2)
				  Management contract fees;
(3)
				  Internal administrative, oversight, and accounting expenses;
(4) External Audits of Fund Manager and
				  Administrator;
(5) Accounting and
				  expert witness contracts;
(6) Bank
				  fees;
(7) Oklahoma
				  Lifeline;
(8) Primary Universal
				  Services; and
(9) Special Universal
				  Services.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 3 - OKLAHOMA UNIVERSAL SERVICE FUND › Section 165:59-3-14 - Eligibility to receive OUSF funding

Current through Vol. 41, No. 20, July 1, 2024
(a) The incumbent local exchange
				  telecommunications service provider, its successors and assigns, which owned,
				  maintained and provided facilities for universal service within a local
				  exchange area on January 1, 1996, shall be the eligible local exchange
				  telecommunications service provider eligible for OUSF funding within the local
				  exchange area, except as otherwise provided for in the Telecommunications Act,
				  17 O.S. §
										§ 139.101, et seq.
(b) Upon request, and after notice and
				  hearing, the Commission shall consider the designation of more than one
				  eligible local exchange telecommunications service provider in a universal
				  service area to receive funding from the OUSF under the Oklahoma
				  Telecommunications Act.
(c) Where
				  the incumbent local exchange telecommunications service provider receives or is
				  eligible to receive monies from the OUSF, except as otherwise provided in 17
				  O.S. §
										139.106,
				  the Commission, after notice and hearing, may designate other local exchange
				  telecommunications service providers to be eligible for the funding, provided:
(1) The other local exchange
				  telecommunications service provider is certificated by the Commission to
				  provide and offer the primary universal services supported by the OUSF to all
				  customers in the universal service area designated by the Commission, using its
				  own facilities, or a combination of its own facilities and the resale of the
				  services or facilities of another;
(2) The other local exchange
				  telecommunications service provider may only receive funding for the portion of
				  the facilities that it owns, maintains, and uses for regulated services;
(3) The other local exchange
				  telecommunications service provider shall not receive OUSF funding at a level
				  higher than the level of funding the incumbent local exchange
				  telecommunications service provider is eligible to receive for the same area if
				  the incumbent local exchange telecommunications service provider is also
				  providing service in the same area; provided, the cost of any cost studies
				  required to be performed shall be borne by the party requesting such studies,
				  unless the party performing the study utilizes the study for its own benefit;
(4) The other local exchange
				  telecommunications service provider advertises the availability and charges for
				  services it provides through a medium of general distribution; and,
(5) It is determined by the Commission that
				  the designation is in the public interest and the other local exchange
				  telecommunications service provider is in compliance with all Commission rules
				  for which a waiver has not been granted.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 3 - OKLAHOMA UNIVERSAL SERVICE FUND › Section 165:59-3-15 - Relinquishment of OUSF support eligibility [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 14 Ok Reg
					 2562, eff 7-1-97; Added at 15 Ok Reg 1061, eff 1-6-98 (emergency); Added at 15
					 Ok Reg 1901, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 3 - OKLAHOMA UNIVERSAL SERVICE FUND › Section 165:59-3-16 - Designation of eligible telecommunications carriers for unserved areas

Current through Vol. 41, No. 20, July 1, 2024
In no event shall any area(s) be without the capability of
					 accessing universal services supported by the OUSF. If no eligible local
					 exchange telecommunications service provider is currently providing the
					 services that are supported by the OUSF to an unserved area or any portion of
					 the area that requests such service, the Commission will:
(1) Determine which eligible local exchange
				  telecommunications service provider(s) are best able to provide such service to
				  the unserved area(s), or portion of the area(s); and,
(2) Order such eligible local exchange
				  telecommunications service provider(s) to provide such service to that area(s),
				  or portion of the area(s).
Added at 14 Ok Reg
					 2562, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 5 - ADMINISTRATION OF THE OUSF › Section 165:59-3-30 - Administration of the Fund

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  OUSF Administrator, may as necessary, take all actions necessary to fulfill the
				  objectives of the Oklahoma Telecommunications Act, including but not limited
				  to, contracting with a third party having no conflict of interest in the
				  provisioning of telecommunications services for assistance with the
				  administrative functions related to the OUSF.
(b) The OUSF Administrator is expressly
				  authorized to bring actions before the Commission to enforce the provisions of
				  this Chapter and the Oklahoma Telecommunications Act.
(c) The OUSF Administrator and/or contracted
				  agent shall administer the OUSF in accordance with this Subchapter and the
				  Oklahoma Telecommunications Act.
(d) The OUSF Administrator's and/or
				  contracted agent's duties shall include, but not be limited to:
(1) Receiving, distributing, and accounting
				  for funds paid into the OUSF;
(2)
				  Providing reimbursement to eligible providers and eligible local exchange
				  telecommunications service providers in accordance with the Oklahoma
				  Telecommunications Act;
(3)
				  Managing the daily operations and affairs of the OUSF;
(4) Monitoring and assuring
				  contribution/payment compliance as well as conducting periodic audits of the
				  contributing providers to ensure that the contributing providers are accurately
				  reporting and making proper payments to the OUSF;
(5) Monitoring and assuring that OUSF funds
				  received by the eligible local exchange telecommunications service providers
				  and eligible providers are based on one of the categories for which
				  reimbursement is allowed under the Oklahoma Telecommunications Act.
(6) Informally resolving disputes;
(7) Independently evaluate and review all
				  Requests for OUSF Funding and OUSF administrative preapproval requests within
				  time frames identified in the Oklahoma Telecommunications Act, and make a
				  determination of the accuracy of the requests, advise the eligible local
				  exchange telecommunications service provider or eligible provider requesting
				  the funds of the determination of eligibility made by the OUSF Administrator,
				  and determine the eligibility of the OUSF Beneficiary; and,
(8) Performing any other duties as required
				  by law and/or this Chapter.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 5 - ADMINISTRATION OF THE OUSF › Section 165:59-3-31 - Recipients of Primary OUSF annual reporting

Current through Vol. 41, No. 20, July 1, 2024
Each eligible local exchange telecommunications service
					 provider, as defined in 17 O.S. § 139.102 receiving Primary Universal
					 Service funding after December 31, 2022, shall submit financial reports
					 reflecting information for the preceding calendar year by December 31, 2023,
					 and by November 1 of each succeeding year. Such financial reports shall be
					 consistent with the relevant separations process, to include depicting the
					 financial impact of the jurisdictional separations, and shall include
					 information sufficient to allow the Commission to review the company's
					 intrastate regulated earnings for the reported year in a manner consistent with
					 the application of the cost methods set forth in 17 O.S. § 139.106(H) and
					 applicable Commission rules. To the extent an eligible local exchange
					 telecommunications service provider is not required to utilize the separations
					 processes established by federal rules, alternative financial reports
					 demonstrating similar information can be submitted with an explanation as to
					 how such alternative financial reports reflect the required
					 information.
Added at 14 Ok Reg
					 2562, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 5 - ADMINISTRATION OF THE OUSF › Section 165:59-3-32 - Audits of the Fund

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  OUSF shall be audited annually by a non-OUSF, independent auditor selected by a
				  committee with input from the State Auditor's Office. The committee shall be
				  selected by the Commission's Director of Administration.
(b) The annual audit should be based on
				  assessed program risk conducted in accordance with standards.
(c) The audit may include further objectives
				  as requested by the Commission's Director of Administration, the State
				  Auditor's Office, the Oklahoma Attorney General, and/or as required by the
				  contract between the OUSF and independent auditor.
(d) The cost of audits of the OUSF shall be
				  funded by the OUSF.
(e) All audit
				  reports, once finalized, shall be provided to the Oklahoma Attorney
				  General.
Added at 14 Ok Reg
					 2562, eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at
					 15 Ok Reg 1901, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 5 - ADMINISTRATION OF THE OUSF › Section 165:59-3-33 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 14 Ok Reg
					 2562, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 5 - ADMINISTRATION OF THE OUSF › Section 165:59-3-34 - Resolution of disputes regarding contributions to the OUSF and OLF

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				  contributing provider operating within Oklahoma may dispute the amount of
				  contribution assessed it by the OUSF Administrator for the OUSF and OLF, in the
				  following manner:
(1) The contributing
				  provider shall submit a written notice setting forth its dispute in detail to
				  the OUSF Administrator, on or before the payment due date, and the OUSF
				  Administrator shall have the responsibility for resolving the dispute.
(2) If satisfactory resolution is
				  not achieved within thirty (30) days of the receipt of the written notice of
				  dispute, the contributing provider may file an application with the
				  Commission's Court Clerk requesting that the Commission resolve the dispute.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 5 - ADMINISTRATION OF THE OUSF › Section 165:59-3-35 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 14 Ok Reg
					 2562, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 5 - ADMINISTRATION OF THE OUSF › Section 165:59-3-36 - Resolution of other disputes

Current through Vol. 41, No. 20, July 1, 2024
(a) Any adversely impacted party may dispute
				  the actions of an eligible local exchange telecommunications service provider
				  or an eligible provider related to the provisioning of Universal Services. The
				  adversely affected party may contact the OUSF Administrator or contracted agent
				  of the OUSF and the OUSF Administrator shall have the initial responsibility
				  for trying to resolve the dispute.
(b) If satisfactory resolution is not
				  achieved, the affected party may file an application requesting the Commission
				  resolve the dispute.
Added at 14 Ok Reg
					 2562, eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at
					 15 Ok Reg 1901, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 5 - ADMINISTRATION OF THE OUSF › Section 165:59-3-37 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 14 Ok Reg
					 2562, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 5 - ADMINISTRATION OF THE OUSF › Section 165:59-3-38 - Violations

Current through Vol. 41, No. 20, July 1, 2024
(a) Failure to pay
				  an assessed contribution to the OUSF shall be deemed a violation of the
				  Oklahoma Telecommunications Act and this Chapter.
(b) The Commission may use all authority it
				  has pursuant to the Oklahoma Constitution and laws of this State to ensure
				  compliance with the Oklahoma Telecommunications Act and this Chapter.
Added at 14 Ok Reg 2562, eff 7-1-97 ; Amended at 15 Ok
						Reg 1061, eff 1-6-98 (emergency) ; Amended at 15 Ok Reg 1901, eff 7-1-98 ;
						Amended at 30 Ok Reg 1581, eff 7-11-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 7 - CONTRIBUTIONS TO THE OUSF › Section 165:59-3-40 - Contributors to the OUSF

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  OUSF shall be funded in a competitively neutral manner in accordance with the
				  Oklahoma Telecommunications Act.
(b) Each contributing provider shall annually
				  provide contact information to the OUSF Administrator for the purpose of
				  correspondence regarding contribution to the OUSF. The submission of an annual
				  report to the Commission shall be deemed compliance with this
				  paragraph.
(c) Each
				  telecommunications carrier providing wholesale telecommunications services to
				  VoIP providers in Oklahoma will annually provide the identity, to include
				  address, of each such VoIP provider(s) to the OUSF Administrator as available.
				  While the names of the VoIP providers may be made publicly available, all
				  information with regard to the reporting telecommunications carrier will be
				  treated as confidential.
(d) The
				  contributing provider must certify to the truth and accuracy of data used to
				  determine the contributing provider's contribution amounts. The OUSF
				  Administrator may verify any information used by the contributing provider in
				  its determination of its contributions to the OUSF. Each contributing provider
				  shall maintain records and documentation used in its determination of its
				  contributions to the OUSF for three (3) years, and shall provide such records
				  and documentation to the OUSF Administrator upon request. Inaccurate or
				  untruthful information used by the contributing provider may lead to
				  prosecution to the full extent of the law.
Added at 14 Ok Reg
					 2562, eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at
					 15 Ok Reg 1901, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 7 - CONTRIBUTIONS TO THE OUSF › Section 165:59-3-41 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 2562, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 7 - CONTRIBUTIONS TO THE OUSF › Section 165:59-3-42 - Reporting requirements

Current through Vol. 41, No. 20, July 1, 2024
Each contributing provider shall, within thirty (30) days
					 from the date of a request made for information necessary for the OUSF
					 Administrator to perform its duties under the Oklahoma Telecommunications Act
					 and this Chapter shall submit the requested information to the OUSF
					 Administrator, unless otherwise agreed between the OUSF Administrator and the
					 contributing provider.
Added at 14 Ok Reg
					 2562, eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at
					 15 Ok Reg 1901, eff 7-1-98; Amended at 16 Ok Reg 2360, eff
					 7-1-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 7 - CONTRIBUTIONS TO THE OUSF › Section 165:59-3-43 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 2562, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 7 - CONTRIBUTIONS TO THE OUSF › Section 165:59-3-44 - Amount of contributions and charges assessed for the OUSF

Current through Vol. 41, No. 20, July 1, 2024
(a) The amount of
				  contribution required from each contributing provider shall be determined as
				  provided in the Oklahoma Telecommunications Act.
(b) The OUSF Administrator or contracted
				  agent shall, based on the amount to be contributed to the OUSF, calculate the
				  contribution required to be made to the OUSF by each contributing provider,
				  based on the fund level established by the Commission sufficient to recover the
				  costs of administration and payments for OUSF and OLF requests for funding, as
				  provided by the Oklahoma Telecommunications Act and the information provided
				  pursuant to OAC
				  165:59-3-42.
(c) The fiscal reporting year shall be July 1
				  through June 30.
(d) Each
				  contributing provider shall pay its contribution directly to the OUSF
				  Administrator, or contracted agent, as directed by the OUSF Administrator, on a
				  monthly or annual basis, conditioned upon an annual revenue threshold
				  established by the OUSF Administrator.
(e) If the contributing provider qualifies to
				  pay its contribution annually, payment shall be made at the beginning of the
				  fiscal year, and is past due after August 31. If the contributing provider
				  underestimates its annual contribution by 15% or greater, the contributing
				  provider shall be required to make its contributions monthly for the next
				  fiscal reporting year, and underpayments will be subject to interest.
(f) If the contributing provider qualifies to
				  pay its contribution monthly, the contributing provider shall report the prior
				  calendar month's revenues, and pay on those revenues, by the end of the month,
				  each month, without skipping a month.
(g) Interest shall be charged on any payment
				  not received by the reporting due date at the rate of 1.5% monthly.
(h) The payment shall be payable to the OUSF.
				  All contributions and interest payments shall be deposited into the OUSF
				  account established by the OUSF Administrator and/or contracted
				  agent.
(i) All contributions shall
				  be subject to audit by the OUSF Administrator, or its contracted
				  agent.
Added at 14 Ok Reg
					 2562, eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at
					 15 Ok Reg 1901, eff 7-1-98; Amended at 16 Ok Reg 2360, eff
					 7-1-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 7 - CONTRIBUTIONS TO THE OUSF › Section 165:59-3-45 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg
					 2562, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 59 - Oklahoma Universal Service and Oklahoma Lifeline › Subchapter 3 - Oklahoma Universal Service Fund › Part 7 - CONTRIBUTIONS TO THE OUSF › Section 165:59-3-46 - Recovery of OUSF contributions

Current through Vol. 41, No. 20, July 1, 2024
(a) A contributing provider may, at its
				  option, recover the amount it pays into the OUSF from its retail customers as
				  provided in the Oklahoma Telecommunications Act. If the contributing provider
				  elects to recover the amount of its contributions from its retail customers,
				  such recovery shall be made in a fair, equitable and nondiscriminatory
				  manner.
(b) Any over-recovery of
				  the OUSF contributions for the preceding year shall be carried forward to the
				  ensuing year, and shall be included as a reduction in the calculation of the
				  retail end-user recovery amount for the ensuing twelve-month period of the
				  contributing provider's OUSF contributions. Any under-recovery of the OUSF
				  contribution for the preceding year, may be included as an increase in the
				  calculation of the retail end-user recovery amount for the ensuing twelve-month
				  period of the contributing provider's OUSF recovery from its customers,
				  provided the contributing provider made a reasonable attempt to collect the
				  funds in the preceding year.
(c)
				  The Commission may, as it deems appropriate, order modifications in a regulated
				  contributing provider's method of recovery from its customers, after notice and
				  hearing.
(d) In the event a
				  contributing provider, excluding prepaid wireless providers, elects to recover
				  its OUSF contributions from its customers, the amounts of the recovery shall be
				  explicitly stated as a line item on customer's bills.
Added at 14 Ok Reg
					 2562, eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at
					 15 Ok Reg 1901, eff 7-1-98; Amended at 16 Ok Reg 2360, eff
					 7-1-99