SECTION 165:59-3-68. Procedures for requesting funding from the OUSF - Special Universal Services  


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  • (a)   An eligible provider of Special Universal Services may seek and obtain funds from the OUSF by filing a "Request for OUSF Funding" and "Notice of Request for OUSF Funding" with the Commission's Court Clerk. On the date of filing the Request for OUSF Funding, the eligible provider shall deliver a filed copy of the Request for OUSF Funding to the OUSF Administrator for processing.
    (1)   If the OUSF Beneficiary filed a Request for OUSF Preapproval, and a preapproval funding letter was issued by the OUSF Administrator, then the eligible provider must file the Request for OUSF Funding in the same cause number as the Request for OUSF Preapproval.
    (2)   If the Request for OUSF Funding requests anything different than what is stated in the OUSF preapproval funding letter, then the eligible provider shall file the Request for OUSF Funding as a new cause number.
    (b)   The Request for OUSF Funding shall include, but not be limited to the following:
    (1)   The name and address of the eligible provider;
    (2)   The name and address of the OUSF Beneficiary;
    (3)   A description of the provisions of the Oklahoma Telecommunications Act relied on for the request;
    (4)   The amount requested for funding;
    (5)   The completed Affidavit, including all required attachments;
    (6)   An affidavit signed by the eligible provider, verifying the truth and accuracy of the information contained in the Request for OUSF Funding and attachments; and
    (7)   A copy of the preapproval funding letter, if preapproval was sought by the OUSF Beneficiary.
    (c)   To facilitate the timely evaluation of requests for funding from the OUSF, a Request for OUSF Funding shall not contain a request for funding Special Universal Services to more than one Eligible Healthcare Entity, or more than one School District, or more than one Library system. An eligible provider to a consortium may request a waiver from the OUSF Administrator to allow a Request for OUSF Funding to include eligible members of the consortium within a single request for funding. (d) No amended Requests for OUSF Funding shall be accepted. Eligible providers may withdraw the originally filed Request for OUSF Funding and file a new request at any time prior to the issuance of the Determination. Upon the filing of a Withdrawal of Request for OUSF Funding, the Commission's Court Clerk shall close the file, without Commission order. If a new request is filed, it shall be filed under a new cause number.
    (e)   A Request for OUSF Funding found to be incomplete (missing information required by the form and instruction package contained on the Commission website) may be denied.
    (f)   It is the intention of the OUSF Administrator that each Request for OUSF Funding will be independently evaluated and reviewed on a case-by-case basis.
    (g)   Consistent with 17 O.S. § 139.109.1(B)(2), the OUSF Beneficiary shall make every reasonable and timely effort to obtain funding from alternative funding sources designated to support universal service, and shall submit all documentation of the effort to obtain funding from alternative funding sources as a part of the eligible provider's Request for OUSF Funding, or an explanation for why alternative funding is not available.
    (h)   If an eligible provider receives funding from alternative funding sources for an investment or expense already reimbursed by the OUSF, the eligible provider shall refund the double collection to the OUSF by either reducing a prospective funding request from the OUSF by an equivalent amount or remitting cash payment to the OUSF. Under no circumstances will double recovery be allowed.
    (i)   Concurrent with the filing of the Request for OUSF Funding, the eligible provider shall:
    (1)   Provide copies of its Request for OUSF Funding and Notice of the Request for OUSF Funding to the OUSF Administrator, the Oklahoma Attorney General, and the OUSF Beneficiary.
    (2)   Provide Notice of the Request for OUSF Funding to the contributing providers by providing an electronic copy of such Notice to the OUSF Administrator on the date the eligible provider files its Request for OUSF Funding with the Commission's Court Clerk, for posting on the Commission's website. The OUSF Administrator will then place the Notice on the Commission's website within five (5) business days.
    (3)   Provide notice which identifies the dollar amount requested for the lump sum and any recurring amounts, as well as the name and address of the OUSF Beneficiary.
    (j)   The OUSF Administrator and/or its contracted agent shall independently evaluate, review, and determine the accuracy of the complete request and issue a Determination of the eligibility for funds, within sixty (60) calendar days if an OUSF preapproval funding letter was issued, or within ninety (90) calendar days if no preapproval funding letter was issued. Simultaneously with the OUSF Administrator or contracted agent providing a copy of the Determination to the eligible provider and parties to the cause, the OUSF Administrator or contracted agent shall file the Determination in the Commission's Court Clerk and post it to the Commission's website. The eligible provider shall provide a copy of the OUSF Administrator's Determination to the OUSF Beneficiary within five (5) calendar days after it is filed. If the OUSF Beneficiary received an OUSF preapproval funding letter and subsequently requested additional bids that were not reviewed by the OUSF Administrator during the preapproval process, then the OUSF preapproval funding letter is null and void.
    (k)   Any affected party, as defined in 17 O.S. § 139.106(D)(5), may file a request for reconsideration within fifteen (15) calendar days of the Determination being filed by the OUSF Administrator, by following the procedures in OAC 165:59-3-72.
    (l)   If no Request for Reconsideration is filed, the Determination shall be deemed final on the sixteenth (16) calendar day after the Determination is filed, and the cause with the Commission's Court Clerk shall automatically be closed upon the filing of a Notice of Disbursement by the OUSF Administrator. The OUSF Administrator or contracted agent shall issue payment within forty-five (45) days of the previously mentioned sixteenth (16) day, without an order of the Commission.
    (m)   Unless good cause is shown, any Request for OUSF Funding should be made within eighteen (18) months from the date the requesting eligible provider can determine the impact of occurrence of the circumstance giving rise to the request; however, if an OUSF Beneficiary has obtained an OUSF preapproval funding letter from the OUSF Administrator, the eligible provider shall make a request for funding within sixty (60) calendar days of the start of service.
    (n)   An eligible provider shall receive future reimbursement upon submission of properly formatted monthly payment requests, and any other required forms, to the OUSF Administrator and/or contracted agent, which shall include discount adjustments received from alternative funding sources designated to support universal service such as E-rate and the FCC's rural health care programs. Any ongoing monthly recurring charges will be adjusted as necessary based on the appropriate discount approved by USAC.
    (o)   An eligible provider shall notify the OUSF Administrator and/or contracted agent in writing, and in a format determined by the OUSF Administrator and/or contracted agent, of any changes to the provisioning of service, including but not limited to disconnection of service, upgrade and/or downgrade in connectivity speed, change in E-rate discount, or price. Any change to the previously approved Special Universal Services will require approval from the OUSF Administrator and/or contracted agent in order to determine if a new Request for OUSF Funding will be required, rather than the OUSF Administrator approving reimbursement through the monthly payment process. The OUSF Administrator shall advise the eligible provider of its determination within sixty (60) calendar days of receipt of the written notice from the eligible provider identifying the change(s). If the OUSF Administrator fails to advise the eligible provider of its determination concerning the requested change within the sixty (60) calendar day period, the OUSF funding being received by the eligible provider will cease until a new Request for OUSF Funding is processed in accordance with the Oklahoma Telecommunications Act and this Chapter.
    (p)   When an eligible provider will no longer be providing Special Universal Services it shall notify the OUSF Administrator of the disconnection of service date fifteen (15) business days prior to disconnection, or immediately upon receipt of a request for disconnection, if the request is less than fifteen (15) business days prior to disconnection.
    (q)   No OUSF funds shall be disbursed to an eligible provider of Special Universal Services until the services are installed and in service.
    (r)   A Request for OUSF Funding, pursuant to this Section, shall be signed by an authorized agent of the eligible provider, or by the attorney for the eligible provider.
[Source: Added at 34 Ok Reg 5, eff 8-12-16 (emergency); Added at 34 Ok Reg 1011, eff 9-11-17]