Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 25 - Homeland Security and Critical Infrastructure › Section 165:55-25-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose
				of this Subchapter is to encourage facilities-based providers (FBPs) to take
				all reasonable measures necessary to protect their critical infrastructures
				from extended interruption of service from all extraordinary events, natural
				and man-made.
(b) The Corporation
				Commission encourages FBPs to develop, implement, and maintain Homeland
				Security and Critical Infrastructure Plans according to the industry standards
				enumerated in subsection (d) below.
(c) To the extent that a FBP seeks cost
				recovery for the implementation of Homeland Security and/or Critical
				Infrastructure protections, the FBP shall comply with all provisions of this
				Subchapter.
(d) Each FBP serving
				Oklahoma jurisdictional customers is encouraged to follow the most current
				Network Reliability and lnteroperability Council (NRIC) Best Practices (
http://www.atis.org/bestpractices/Search.aspx
)
				security guidelines and standards and the National Fire Protection
				Association's ("NFPA") NFPA 1600 - Standard on Disaster/Emergency Management
				and Business Continuity Programs (
http://www.nfpa.org/assets/files/PDF/NFPA1600.pdf
),
				as may be amended from time to time, for use as guidelines for protecting the
				FBP's Critical Infrastructure from extended service interruption.
(e) Each FBP seeking cost recovery for
				security measures from Oklahoma jurisdictional customers shall develop,
				implement, and maintain a Critical Infrastructure and Security Plan in
				accordance with this Subchapter.
(f) If the FBP has implemented a Security
				Plan or process in accordance with the applicable industry guidelines but is
				not seeking or receiving cost recovery for security-related costs, the FBP
				shall submit the Certification Letter required by OAC
				165:55-25-7(f)
				and the Plan shall be subject to review pursuant to the Authorized
				Participation and Confidentiality provisions of OAC
				165:55-25-10
				and OAC
				165:55-25-11. The
				FBP is not otherwise required to comply with the provisions of this
				Subchapter.
(g) The Commission
				retains its jurisdictional and supervisory authority to address the
				reasonableness and/or prudence of any proposed security cost
				recovery.
(h) Nothing in this
				Subchapter shall relieve any FBP from any duty otherwise prescribed by the laws
				of the State of Oklahoma or the Commission's rules.
(i) Nothing in this Subchapter is intended to
				divest the FBP of its right to object to any discovery requests from
				intervenors seeking access to "Highly Sensitive Confidential"
				materials.
(j) If any provision of
				this Subchapter is held invalid, such invalidity shall not affect other
				provisions or applications of this Subchapter which can be given effect without
				the invalid provision or application, and to this end, the provisions of this
				Subchapter are declared to be severable.
Added at 22 Ok Reg 708,
				  eff 7-1-05; Amended at 29 Ok Reg 1549, eff
				  7-12-12