SECTION 165:59-3-64. Identifying and measuring the level of OUSF funding  


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  • (a)   In identifying and measuring the costs of providing primary universal services, exclusively for the purpose of determining OUSF funding levels under 17 O.S. § 139.106, the eligible local exchange telecommunications service provider serving less than seventy-five thousand (75,000) access lines shall, at its option:
    (1)   Calculate such costs by including all embedded investments and expenses incurred by the eligible local exchange telecommunications service provider in the provision of primary universal service, and may identify high-cost areas within the local exchange area it serves and perform a fully distributed allocation of embedded costs and identification of associated primary universal service revenue. The cost study shall identify any investments and associated expenses jointly used for the provision of primary universal service and any other services and provide a reasonable allocation of those investments and expenses. Such calculation may be made using fully distributed FCC Parts 32, 36, and 64 costs, if such Parts are applicable. The high-cost area shall be no smaller than a single exchange, wire center, or census block group, chosen at the option of the eligible local exchange telecommunications service provider; or,
    (2)   Adopt the cost studies approved by the Commission for a local exchange telecommunications service provider that serves seventy-five thousand (75,000) or more access lines; or,
    (3)   Adopt such other costing or measurement methodology as may be established for such purpose by the FCC pursuant to Section 254 of the Federal Telecommunications Act of 1996.
    (b)   In identifying and measuring the cost of providing primary universal services, and exclusively for the purpose of determining OUSF funding levels pursuant to 17 O.S. § 139.106, each ILEC which serves seventy-five thousand (75,000) or more access lines and each CLEC shall identify high-cost areas within the local exchange and perform a cost study using a Commission-approved methodology from those identified in subsection (a) of this Section. The high-cost area shall be no smaller than a single exchange, wire center or census block group chosen at the option of the eligible ILEC or CLEC. If the Commission fails to approve the selected methodology within one hundred twenty (120) calendar days of the filing of the selection, the selected methodology shall be deemed approved.
    (c)   Primary Universal Service provided by an eligible local exchange telecommunications service provider may be provided using facilities, including the end user loop component and functionality, which allow access to the Internet, including access to combined consumer voice and broadband Internet service. The costs and revenues associated with such facilities, calculated pursuant to Parts 32, 36, and 64 of Title 47 of the Code of Federal Regulations, may be included in determining OUSF funding levels, consistent with applicable federal and state laws. Primary Universal Service does not include broadband Internet access service as defined at 47 C.F.R. § 8.1(b).
    (d)   For any cause filed pursuant to 17 O.S. § 139.106(G), the OUSF Administrator's Determination, or order issued by the Commission, may be the basis for reimbursement for no more than five (5) subsequent twelve (12) month periods beyond the initial request, subject to an annual variance and risk-based review by the OUSF Administrator, pursuant to OAC 165:59-3-70(o).
[Source: Added at 15 Ok Reg 1061, eff 1-6-98 (emergency); Added at 15 Ok Reg 1901, eff 7-1-98; Amended at 30 Ok Reg 1581, eff 7-11-13; Amended at 34 Ok Reg 5, eff 8-12-16 (emergency); Amended at 34 Ok Reg 1011, eff 9-11-17; Amended at 36 Ok Reg 714, eff 7-25-19]