SECTION 165:59-7-8. Internet access to public schools and libraries

(a)   It is the intention of the Commission that this Chapter be interpreted to maximize the availability of Internet access to all public schools and public libraries within Oklahoma, so that children within Oklahoma will be able to utilize the Internet to enhance their learning opportunities, thereby better preparing them for the future.

(b)   Special Universal Services for schools shall include the E-rate Eligible Services List (ESL) for Category One services as determined by the FCC for the applicable funding year or, in the absence of such a list, as published by USAC. In the event no ESL is available from the FCC or USAC for the applicable funding year, eligible services will be those on the ESL for the last funding year for which an ESL was available.

(c)   Special Universal Services shall include the provision of bandwidth sufficient for providing educational services not to exceed, without good cause shown, the standards established for the relevant funding year by SETDA or successor educational broadband standard including Internet access lines, WAN connections, reasonable installation, and network termination equipment owned and operated by the eligible provider as defined by the ESL that is necessary to provide the eligible service. Student counts as reported to the State Department of Education in October of the year prior to the relevant funding year shall be utilized for the purpose of determining bandwidth recommendations established by SETDA for purposes of this paragraph. In the absence of standards prescribed for the applicable funding year, the standards for the next prescribed funding year shall be used. Bandwidth may be rounded up to the next available standard service increment to avoid increased costs to the fund.

(d)   Special Universal Services for libraries shall include the E-rate Eligible Services List (ESL) for Category One services as determined by the FCC for the applicable funding year or, in the absence of such a list, as published by USAC. In the event no ESL is available from the FCC or USAC for the applicable funding year, eligible services will be those on the ESL for the last funding year for which an ESL was available.

(e)   Special Universal Services shall include the provision of bandwidth sufficient for providing library services per standards as recommended by the FCC including Internet access lines, reasonable installation, and network termination equipment owned and operated by the eligible provider that is necessary to provide the eligible service. Bandwidth may be rounded up to the next available standard service increment to avoid increased costs to the fund.

(f)   Special Universal Services shall not include voice services that use separate lines or have allocated bandwidth.

(g)   In no case will the OUSF reimburse an entity for an Internet subscriber fee or charges incurred as a result of services accessed via the Internet.

(h)   The eligible provider shall update the OUSF Administrator through the monthly payment process if E-rate funding is discontinued, for any reason, within thirty (30) calendar days of receiving notification from USAC.

(i)   The Commission encourages public schools to request sufficient bandwidth to achieve the school's educational goals.

[Source: Reserved at 14 Ok Reg 2562, eff 7-1-97; Added at 15 Ok Reg 1199, eff 1-6-98 (emergency); Added at 15 Ok Reg 1919, eff 7-1-98; Amended at 16 Ok Reg 2360, eff 7-1-99; Amended at 28 Ok Reg 2255, eff 7-25-11; Amended at 30 Ok Reg 1581, eff 7-11-13; Amended at 32 Ok Reg 868, eff 8-27-15; Amended at 34 Ok Reg 5, eff 8-12-16 (emergency); Amended at 34 Ok Reg 1011, eff 9-11-17]