SECTION 165:55-23-2. ETC Designation

(a)   No person shall receive federal Lifeline funds for Oklahoma customers or Connect America Funds for investment in Oklahoma without first being designated an Eligible Telecommunications Carrier ("ETC") by the Commission or as otherwise provided in 47 C.F.R. § 54.201 and § 54.202. A person seeking to be designated an ETC by the Commission shall file an Application with the Commission, meeting the requirements of the Commission's Rules of Practice, OAC 165:5, and shall provide the following additional information in support of the Application:

(1)   A description of whether the applicant intends to offer the Supported Services over its own facilities, by resale of another carrier's facilities and/or services, or through a combination of its own facilities and resale of third party facilities and/or services;

(2)   A description of the service area for which ETC designation is sought, to include a list of exchanges;

(3)   A description of the applicant's proposed Supported Services;

(4)   A description of the applicant's plans to advertise the availability of Supported Services within the service area sought;

(5)   A complete description of the terms, conditions and rates applicable to the applicant's offering of Supported Services.

(6)   Submit a two-year plan that describes with specificity proposed improvements or upgrades to the applicant's network throughout its proposed service area. Each applicant shall estimate the area and population that will be served as a result of the improvements. Except, a common carrier seeking designation as an ETC in order to provide supported services only under 47 C.F.R. Part 54 Subpart E does not need to submit such a five-year plan.

(7)   Demonstrate its ability to remain functional in emergency situations, including a demonstration that it has a reasonable amount of back-up power to ensure functionality without an external power source, is able to reroute traffic around damaged facilities, and is capable of managing traffic spikes resulting from emergency situations.

(8)   Demonstrate that it will satisfy applicable consumer protection and service quality standards. A commitment by wireless applicants to comply with the Cellular Telecommunications and Internet Association's Consumer Code for Wireless Service will satisfy this requirement. Other commitments will be considered on a case-by-case basis.

(9)   For common carriers seeking designation as an ETC for purposes of receiving support only under 47 C.F.R. Part 54 Subpart E, demonstrate that it is financially and technically capable of providing the Lifeline service in compliance with 47 C.F.R. Part 54 Subpart E.

(b)   Each incumbent LEC is designated as an ETC for the territory for which it was certified on the date of the adoption of the Federal Telecommunications Act of 1996.

(c)   For the purpose of eligibility to receive federal universal service support under 47 U.S.C. § 214(e), an ETC shall, throughout its service territory:

(1)   Offer the telecommunications services that are supported by Federal universal service support mechanisms under 47 U.S.C. § 254(c), either using its own facilities or a combination of its own facilities and resale of another telecommunications service provider's services, including the services offered by another eligible telecommunications service provider; and,

(2)   Advertise the availability of such telecommunications services and the charges thereof using media of general distribution.

[Source: Reserved at 21 Ok Reg 2101, eff 7-1-04; Amended at 32 Ok Reg 828, eff 8-27-15; Added at 33 Ok Reg 645, eff 8-25-16; Amended at 34 Ok Reg 989, eff 9-11-17]