Okla. Stat. tit. 17, § 17-139.102

As used in the Oklahoma Telecommunications Act of 1997:

1. "Access line" means the facilities provided and maintained

by a telecommunications service provider which permit access to or

from the public switched network or its functional equivalent

regardless of the technology or medium used;

2. "Administrative process" means an administrative application

process which allows eligible local exchange telecommunications

providers and eligible providers to request funding and an

administrative submission process that allows Oklahoma Universal

Service Fund Beneficiaries to submit a preapproval request directly

with the Administrator. Both of the administrative processes shall

not require an order from the Commission to determine eligibility

for, allocate or disburse funds unless a request for reconsideration

is filed;

Oklahoma Statutes - Title 17. Corporation Commission Page 50

3. "Administrator" means the Director of the Public Utility

Division of the Corporation Commission;

4. "Broadband", as used in Section 139.202 of this title, means

those services and underlying facilities that provide access to and

from the Internet of continuous speeds of at least twenty-five (25)

megabits per second (Mbps) downstream, from the provider to the

customer, and continuous speeds of at least three (3) megabits per

second (Mbps) upstream, from the customer to the provider, using

fixed, terrestrial facilities, including, but not limited to,

wireless, copper wire, fiber-optic cable, or coaxial cable, to

provide such service. The minimum Internet speeds listed in this

paragraph shall be subject to change or update when, or if, the

Federal Communications Commission makes new rulings related to its

definition of broadband;

5. "Commission" means the Corporation Commission of this state;

6. "Competitive local exchange carrier" or "CLEC" means, with

respect to an area or exchange, a telecommunications service

provider that is certificated by the Commission to provide local

exchange services in that area or exchange within the state after

July 1, 1995;

7. "Competitively neutral" means not advantaging or favoring

one person or technology over another;

8. "Consortium" means, as used in Section 139.109.1 of this

title, two or more Oklahoma Universal Service Fund Beneficiaries

that choose to request support under the Federal Universal Service

Support Mechanism or successor program or programs as a single

entity;

9. "Contributing providers" means providers, including but not

limited to providers of intrastate telecommunications, providers of

intrastate telecommunications for a fee on a non-common-carrier

basis, providers of wireless telephone service and providers of

interconnected Voice over Internet Protocol (VoIP). Contributing

providers shall contribute to the Oklahoma Universal Service Fund

and Oklahoma Lifeline Fund. VoIP providers shall be assessed only

as provided for in the decision of the Federal Communications

Commission, FCC 10-185, released November 5, 2010, or such other

assessment methodology that is not inconsistent with federal law.

Entities exempt from contributing to the Federal Universal Service

Support Mechanisms are also exempt from contributing to the Oklahoma

Universal Service Fund and Oklahoma Lifeline Fund consistent with 47

C.F.R., Section 54.706(d). The term "contributing providers" may be

modified to conform to the definition of contributors as defined by

the FCC if adopted by the Commission, after notice and hearing;

10. "Eligible entity" means any terrestrial Internet service

provider willing to go into unserved or underserved areas, as

determined by the Rural Broadband Expansion Council mapping. The

Oklahoma Statutes - Title 17. Corporation Commission Page 51

eligible entity shall provide at least the minimum broadband speeds

pursuant to paragraph 4 of this section;

11. "Eligible health care entity" means a not-for-profit
" means any terrestrial Internet service

provider willing to go into unserved or underserved areas, as

determined by the Rural Broadband Expansion Council mapping. The

Oklahoma Statutes - Title 17. Corporation Commission Page 51

eligible entity shall provide at least the minimum broadband speeds

pursuant to paragraph 4 of this section;

11. "Eligible health care entity" means a not-for-profit

hospital, county health department, city-county health department,

not-for-profit mental health and substance abuse facility or

Federally Qualified Health Center in Oklahoma. Eligible health care

entity shall also include telemedicine services provided by the

Oklahoma Department of Corrections at facilities identified in

Section 509 of Title 57 of the Oklahoma Statutes;

12. "Eligible local exchange telecommunications service

provider" means ILEC, CLEC and commercial radio mobile service

provider as those terms are used in the Oklahoma Telecommunications

Act of 1997;

13. "Eligible provider" means, for purposes of Special

Universal Services, providers of telecommunications services which

hold a certificate of convenience and necessity and OneNet;

14. "End User Common Line Charge" means the flat-rate monthly

interstate access charge required by the Federal Communications

Commission that contributes to the cost of local service;

15. "Enhanced service" means a service that is delivered over

communications transmission facilities and that uses computer

processing applications to:

a. change the content, format, code, or protocol of

transmitted information,

b. provide the customer new or restructured information,

or

c. involve end-user interaction with information stored

in a computer;

16. "Exchange" means a geographic area established by an

incumbent local exchange telecommunications provider as filed with

or approved by the Commission for the administration of local

telecommunications service in a specified area which usually

embraces a city, town, or village and its environs and which may

consist of one or more central offices together with associated

plant used in furnishing telecommunications service in that area;

17. "Facilities" means all the plant and equipment of a

telecommunications service provider, including all tangible and

intangible real and personal property without limitation, and any

and all means and instrumentalities in any manner owned, operated,

leased, licensed, used, controlled, furnished, or supplied for, by,

or in connection with the business of any telecommunications service

provider;

18. "Federally Qualified Health Center" or "(FQHC)" means an

entity which:

a. is receiving a grant under Section 330 of the Public

Health Service (PHS) Act, 42 U.S.C., Section 254b, or

is receiving funding from a grant under a contract

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with the recipient of such a grant and meets the

requirements to receive a grant under Section 330 of

the PHS Act,

b. based on the recommendation of the Health Resources

and Services Administration within the Public Health

Service, is determined by the Secretary of the

Department of Health and Human Services to meet the

requirements for receiving a grant as described in

subparagraph a of this paragraph,

c. was treated by the Secretary of the Department of

Health and Human Services, for purposes of part B of

Section 330 of the PHS Act, as a comprehensive

federally funded health center as of January 1, 1990,

or

d. is an outpatient health program or facility operated

by a tribe or tribal organization under the Indian

Self-Determination Act, 25 U.S.C., Section 450f et

seq., or by an urban Indian organization receiving

funds under Title V of the Indian Health Care

Improvement Act, 25 U.S.C., Section 1651 et seq.;

19. "Federal Universal Service Support Mechanism" is the

support program established by the Telecommunications Act of 1996,
or facility operated

by a tribe or tribal organization under the Indian

Self-Determination Act, 25 U.S.C., Section 450f et

seq., or by an urban Indian organization receiving

funds under Title V of the Indian Health Care

Improvement Act, 25 U.S.C., Section 1651 et seq.;

19. "Federal Universal Service Support Mechanism" is the

support program established by the Telecommunications Act of 1996,

47 U.S.C., Section 254(h). The program includes support for

schools, libraries and health care providers;

20. "Funding year" means, for purposes of administering the

Oklahoma Universal Service Fund, the period of July 1 through June

30;

21. "High speed Internet access service" or "broadband service"

means, as used in Section 139.202 of this title, those services and

underlying facilities that provide upstream, from customer to

provider, or downstream, from provider to customer, transmission to

or from the Internet in excess of or at a constant download speed of

twenty-five (25) megabits per second (Mbps) and in excess of or at a

constant upload speed of three (3) megabits per second (Mbps),

regardless of the technology or medium used, including, but not

limited to, wireless, copper wire, fiber-optic cable, or coaxial

cable, to provide such service;

22. "Hospital" means a health care entity that has been granted

a license as a hospital by the State Department of Health for that

particular location;

23. "Incumbent local exchange telecommunications service

provider" or "ILEC" means, with respect to an area or exchanges, any

telecommunications service provider furnishing local exchange

service in such area or exchanges within this state on July 1, 1995,

pursuant to a certificate of convenience and necessity or

grandfathered authority;

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24. "Installation charge" means any charge for a nonrecurring

service charged by an eligible provider necessary to initiate

Special Universal Services. Installation charges may not exceed the

cost which would be charged for installation, if the cost were not

being paid for by the OUSF;

25. "Interexchange telecommunications carrier" or "IXC" means

any person, firm, partnership, corporation or other entity, except

an incumbent local exchange telecommunications service provider,

engaged in furnishing regulated interexchange telecommunications

services under the jurisdiction of the Commission;

26. "Internet" means the international research-oriented

network comprised of business, government, academic and other

networks;

27. "Local exchange telecommunications service" means a

regulated switched or dedicated telecommunications service which

originates and terminates within an exchange or an exchange service

territory. Local exchange telecommunications service may be

terminated by a telecommunications service provider other than the

telecommunications service provider on whose network the call

originated. The local exchange service territory defined in the

originating provider's tariff shall determine whether the call is

local exchange service;

28. "Local exchange telecommunications service provider" means

a company holding a certificate of convenience and necessity from

the Commission to provide local exchange telecommunications service;

29. "Not-for-profit hospital" means:

a. a hospital located in this state which has been

licensed as a hospital at that location pursuant to

Section 1-701 et seq. of Title 63 of the Oklahoma

Statutes for the diagnosis, treatment, or care of

patients in order to obtain medical care, surgical

care or obstetrical care and which is established as

exempt from taxation pursuant to the provisions of the

Internal Revenue Code, 26 U.S.C., Section 501(c)(3),

or

b. a hospital located in this state which is licensed as

a hospital at that location pursuant to Section 1-701

et seq. of Title 63 of the Oklahoma Statutes and is
nt, or care of

patients in order to obtain medical care, surgical

care or obstetrical care and which is established as

exempt from taxation pursuant to the provisions of the

Internal Revenue Code, 26 U.S.C., Section 501(c)(3),

or

b. a hospital located in this state which is licensed as

a hospital at that location pursuant to Section 1-701

et seq. of Title 63 of the Oklahoma Statutes and is

owned by a municipality, county, the state or a public

trust for the diagnosis, treatment, or care of

patients in order to obtain medical care, surgical

care, or obstetrical care;

30. "Not-for-profit mental health and substance abuse facility"

means a facility, not for the sole purpose of administration, which

is operated by the Department of Mental Health and Substance Abuse

Services or a facility certified by the Department of Mental Health

and Substance Abuse Services as a Community Mental Health Care

Oklahoma Statutes - Title 17. Corporation Commission Page 54

Center, a Community-Based Structured Crisis Center or a Community

Comprehensive Addiction Recovery Center;

31. "Oklahoma High Cost Fund" means the fund established by the

Commission in Cause Nos. PUD 950000117 and 950000119;

32. "Oklahoma Lifeline Fund" or "(OLF)" means the fund

established and required to be implemented by the Commission

pursuant to Section 139.105 of this title;

33. "Oklahoma Universal Service Fund" or "(OUSF)" means the

fund established and required to be implemented by the Commission

pursuant to Section 139.106 of this title;

34. "Oklahoma Universal Service Fund Beneficiary" means an

entity eligible to receive Special Universal Services support as

provided for in subsection A of Section 139.109.1 of this title;

35. "Prediscount amount" means the total cost of Special

Universal Services, selected pursuant to the procedures set out in

paragraph 5 of subsection B of Section 139.109.1 of this title,

before charges are reduced by federal or state funding support. The

prediscount amount shall not include fees or taxes;

36. "Person" means any individual, partnership, association,

corporation, governmental entity, public or private organization of

any character, or any other entity;

37. "Primary universal service" means an access line and dial

tone provided to the premises of residential or business customers

which provides access to other lines for the transmission of two-way

switched or dedicated communication in the local calling area

without additional, usage-sensitive charges, including:

a. a primary directory listing,

b. dual-tone multifrequency signaling,

c. access to operator services,

d. access to directory assistance services,

e. access to telecommunications relay services for the

deaf or hard-of-hearing,

f. access to nine-one-one service where provided by a

local governmental authority or multijurisdictional

authority, and

g. access to interexchange long distance services;

38. "Public library" means a library or library system that is

freely open to all persons under identical conditions and which is

supported in whole or in part by public funds. Public library shall

not include libraries operated as part of any university, college,

school museum, the Oklahoma Historical Society or county law

libraries;

39. "Public school" means all free schools supported by public

taxation, and shall include grades prekindergarten through twelve

and technology center schools that provide vocational and technical

instruction for high school students who attend the technology

Oklahoma Statutes - Title 17. Corporation Commission Page 55

center school on a tuition-free basis. Public school shall not

include private schools, home schools or virtual schools;

40. "Regulated telecommunications service" means the offering

of telecommunications for a fee directly to the public where the

rates for such service are regulated by the Commission. Regulated

telecommunications service does not include the provision of
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center school on a tuition-free basis. Public school shall not

include private schools, home schools or virtual schools;

40. "Regulated telecommunications service" means the offering

of telecommunications for a fee directly to the public where the

rates for such service are regulated by the Commission. Regulated

telecommunications service does not include the provision of

nontelecommunications services, including, but not limited to, the

printing, distribution, or sale of advertising in telephone

directories, maintenance of inside wire, customer premises

equipment, and billing and collection service, nor does it include

the provision of wireless telephone service, enhanced service, and

other unregulated services, including services not under the

jurisdiction of the Commission, and services determined by the

Commission to be competitive;

41. "Served area" means an area or region with access to

broadband at or above a defined transmission speed threshold as

described in paragraph 4 of this section;

42. "Special Universal Services" means the telecommunications

services supported by the OUSF which are furnished to public

schools, public libraries and eligible health care entities as

provided for in Section 139.109.1 of this title;

43. "Tariff" means all or any part of the body of rates, tolls,

charges, classifications, and terms and conditions of service

relating to regulated services offered, the conditions under which

offered, and the charges therefor, which have been filed with the

Commission and have become effective;

44. "Telecommunications" means the transmission, between or

among points specified by the user, of information of the user's

choosing, without change in the form or content of the information

as sent and received;

45. "Telecommunications carrier" means a person that provides

telecommunications service in this state;

46. "Telecommunications service" means the offering of

telecommunications for a fee;

47. "Telemedicine service" means the practice of health care

delivery, diagnosis, consultation and treatment, including but not

limited to the transfer of medical data or exchange of medical

education information by means of audio, video or data

communications. Telemedicine service shall not mean a consultation

provided by telephone or facsimile machine;

48. "Underserved area" means an area or region that has

Internet service at speeds higher than those that meet the

definition of an unserved area, but lower than those service speeds

of high-speed Internet;

49. "Universal service area" has the same meaning as the term

"service area" as defined in 47 U.S.C., Section 214(e)(5);

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50. "Unserved area" means an area or region in which there is

not at least one provider of terrestrial broadband service that is

either:

a. offering a connection to the Internet, or

b. required, under the terms of the Federal Universal

Service Fund or other federal or state grant, to

provide a connection to the Internet;

51. "WAN" means a wide-area network that exists over a large-

scale geographical area. A WAN connects different smaller networks,

including local area networks and metro area networks, which ensures

that computers and users in one location can communicate with

computers and users in other locations;

52. "Wire center" means a geographic area normally served by a

central office;

53. "Wireless Internet service provider" or "WISP", as used in

Section 2 of this act, means a fixed wireless access provider that

uses point-to-point microwave or millimeter-wave links between its

towers for coverage extension and backhaul and point-to-multipoint

links from the towers to the customer premises; and

54. "Wireless telephone service" means radio communication

service carried on between mobile stations or receivers and land

stations and by mobile stations communicating among themselves and
ess provider that

uses point-to-point microwave or millimeter-wave links between its

towers for coverage extension and backhaul and point-to-multipoint

links from the towers to the customer premises; and

54. "Wireless telephone service" means radio communication

service carried on between mobile stations or receivers and land

stations and by mobile stations communicating among themselves and

which permits a user generally to receive a call that originates or

terminates on the public switched network or its functional

equivalent regardless of the radio frequencies used.