Oklahoma § 17-139.107 - Administration of funds

§ 17-139.107. Administration of funds

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

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

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.

Added by Laws 1997, c. 408, § 7, eff. July 1, 1997. Amended by Laws

2016, c. 270, § 5, emerg. eff. May 9, 2016.