Okla. Admin. Code § 165:5-3-21

Current through Vol. 42, No. 4, November 1, 2024
Section 165:5-3-21 - Definitions

The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise:

"Director" means the Director of the Public Utility Division of the Oklahoma Corporation Commission.

"Filing tariffs with the Commission" means submission of the tariffs to the Director.

"Fiscal year" means the period beginning July 1 and ending June 30 of each year.

"Public utility" means:

(A) Those companies as defined by 17 O.S. § 151, excluding those companies encompassed by paragraph (d) of Section 151.

(B) Any telephone or telecommunications company subject to 17 O.S. § 131 et seq., including inter exchange telecommunications companies as defined by 165:55-1-4, resellers as defined by 165:56, operator service providers as defined by 165:57, and pay phone service providers as defined by 165:58.

(C) Any association or cooperative corporation doing business under the Rural Electric Cooperative Act except for generation and transmission associations or cooperative corporations, or transmission associations or cooperative corporations.

"Regulated Oklahoma jurisdictional gross operating revenues" means those revenues which are recorded in the accounts of the public utility, resulting from sales of commodities or services provided to Regulated Oklahoma Jurisdictional Customers. For telecommunications companies this shall include, but should not be limited to, revenues received for intrastate services from all Oklahoma and Federal universal service and low income funds for regulated and non-regulated services, revenues received from the Oklahoma Universal Service Fund for Special Universal Services, revenues received from the Oklahoma Universal Service Fund for Primary Universal Services, and revenues received from the Oklahoma Lifeline Fund and Federal Lifeline support received pursuant to 47 CFR Subpart E. The inclusion of revenues described in the previous sentence as Regulated Oklahoma jurisdictional gross operating revenues shall be for the limited purpose of the calculation of allocations for payment into the Public Utility Assessment Fee according to this Part 3 of Subchapter 3 of OAC 165:5 and shall not be construed as affecting the jurisdictional nature of the funds as determined by the telecommunications companies in accordance with 47 CFR Parts 32 and 36 for separations purposes or other purposes such as determining jurisdictional tax liability.

"Regulated Oklahoma Jurisdictional Customers" means any person, member of a cooperative, firm, corporation, municipality or agency, other political subdivision, or the United States or the State of Oklahoma, receiving utility service from a public utility pursuant to rates and charges established by, or filed with the Commission and recipients of Special Universal Services as defined in 17 O.S. § 139.102.

"Special Universal Services" means the same as is defined in 17 O.S. § 139.102.

Okla. Admin. Code § 165:5-3-21

Added at 10 Ok Reg 4517, eff 9-1-93 (emergency); Added at 11 Ok Reg 3681, eff 7-11-94 ; Amended at 14 Ok Reg 2474, eff 7-1-97 ; Amended at 19 Ok Reg 1939, eff 7-1-02 ; Amended at 30 Ok Reg 1033, eff 7-1-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014