Okla. Stat. tit. 17, § 17-139.107
This is the official text of Okla. Stat. tit. 17, § 17-139.107, part of Oklahoma’s Stat. tit. 17, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 17,." Browse the sections below, each linked to its official government source.
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Administration of funds
Official statutory text
A. The Oklahoma Lifeline Fund (OLF) and the Oklahoma Universal
Service Fund (OUSF) shall be funded in a competitively neutral
manner not inconsistent with federal law by all contributing
Oklahoma Statutes - Title 17. Corporation Commission Page 70
providers. The funding from each contributing provider shall be
based on the total intrastate retail Oklahoma Voice over Internet
Protocol (VoIP) revenues and intrastate telecommunications revenues,
from both regulated and unregulated services, of the contributing
provider, hereinafter referred to as assessed revenues, as a
percentage of all assessed revenues of the contributing providers,
or such other assessment methodology not inconsistent with federal
law. VoIP services 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. The Commission may after
notice and hearing modify the contribution methodology for the OUSF
and OLF, provided the new methodology is not inconsistent with
federal law.
B. The Corporation Commission shall establish the OLF
assessment and the OUSF assessment at a level sufficient to recover
costs of administration and payments for OUSF and OLF requests for
funding as provided for in the Oklahoma Telecommunications Act of
1997. The administration of the OLF and OUSF shall be provided by
the Public Utility Division of the Commission. The administrative
function shall be headed by the Administrator as defined in Section
139.102 of this title. The Administrator shall be an independent
evaluator. The Administrator may enter into contracts to assist
with the administration of the OLF and OUSF.
C. If the Commission determines after notice and hearing that a
contributing provider has acted in violation of this section, in
addition to the other enforcement powers of the Commission,
including its contempt powers and authority to revoke a
telecommunications service provider's certificate of convenience and
necessity, the Commission may bring an action on behalf of the OLF
or the OUSF, in a court of competent jurisdiction that the
Commission deems appropriate, to recover any unpaid fees and
assessments the Commission has determined are due and payable,
including interest, administrative and adjudicative costs, and
attorney fees. Upon collection of the assessments, fees and costs,
the Administrator shall pay the costs of the actions and deposit the
remaining funds in the OLF or the OUSF as appropriate.
D. The monies deposited in the OLF, the OUSF and the Oklahoma
High Cost Fund shall at no time become monies of the state and shall
not become part of the general budget of the Corporation Commission
or any other state agency. Except as otherwise authorized by the
Oklahoma Telecommunications Act of 1997, no monies from the OLF, the
OUSF, or the Oklahoma High Cost Fund shall be transferred for any
purpose to any other state agency or any account of the Corporation
Commission or be used for the purpose of contracting with any other
state agency or reimbursing any other state agency for any expense.
Payments from the OLF, the OUSF, and the Oklahoma High Cost Fund
Oklahoma Statutes - Title 17. Corporation Commission Page 71
shall not become or be construed to be an obligation of this state.
No claims for reimbursement from the OLF, the OUSF or the Oklahoma
High Cost Fund shall be paid with state monies.
Service Fund (OUSF) shall be funded in a competitively neutral
manner not inconsistent with federal law by all contributing
Oklahoma Statutes - Title 17. Corporation Commission Page 70
providers. The funding from each contributing provider shall be
based on the total intrastate retail Oklahoma Voice over Internet
Protocol (VoIP) revenues and intrastate telecommunications revenues,
from both regulated and unregulated services, of the contributing
provider, hereinafter referred to as assessed revenues, as a
percentage of all assessed revenues of the contributing providers,
or such other assessment methodology not inconsistent with federal
law. VoIP services 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. The Commission may after
notice and hearing modify the contribution methodology for the OUSF
and OLF, provided the new methodology is not inconsistent with
federal law.
B. The Corporation Commission shall establish the OLF
assessment and the OUSF assessment at a level sufficient to recover
costs of administration and payments for OUSF and OLF requests for
funding as provided for in the Oklahoma Telecommunications Act of
1997. The administration of the OLF and OUSF shall be provided by
the Public Utility Division of the Commission. The administrative
function shall be headed by the Administrator as defined in Section
139.102 of this title. The Administrator shall be an independent
evaluator. The Administrator may enter into contracts to assist
with the administration of the OLF and OUSF.
C. If the Commission determines after notice and hearing that a
contributing provider has acted in violation of this section, in
addition to the other enforcement powers of the Commission,
including its contempt powers and authority to revoke a
telecommunications service provider's certificate of convenience and
necessity, the Commission may bring an action on behalf of the OLF
or the OUSF, in a court of competent jurisdiction that the
Commission deems appropriate, to recover any unpaid fees and
assessments the Commission has determined are due and payable,
including interest, administrative and adjudicative costs, and
attorney fees. Upon collection of the assessments, fees and costs,
the Administrator shall pay the costs of the actions and deposit the
remaining funds in the OLF or the OUSF as appropriate.
D. The monies deposited in the OLF, the OUSF and the Oklahoma
High Cost Fund shall at no time become monies of the state and shall
not become part of the general budget of the Corporation Commission
or any other state agency. Except as otherwise authorized by the
Oklahoma Telecommunications Act of 1997, no monies from the OLF, the
OUSF, or the Oklahoma High Cost Fund shall be transferred for any
purpose to any other state agency or any account of the Corporation
Commission or be used for the purpose of contracting with any other
state agency or reimbursing any other state agency for any expense.
Payments from the OLF, the OUSF, and the Oklahoma High Cost Fund
Oklahoma Statutes - Title 17. Corporation Commission Page 71
shall not become or be construed to be an obligation of this state.
No claims for reimbursement from the OLF, the OUSF or the Oklahoma
High Cost Fund shall be paid with state monies.
Status: in_force · Read it on the official government site
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