Okla. Admin. Code § 165:55-23-3

Current through Vol. 42, No. 4, November 1, 2024

Section 165:55-23-3 - Records to be provided to the Commission

(a)Terms, conditions and rates for Supported Services. An ETC shall maintain current terms, conditions and rates applicable to its Supported Services in an approved tariff on file with the Commission or pursuant to Terms of Service posted on its website and provided to the Commission. Any modification to an ETC's terms, conditions and rates for Supported Services, shall be submitted to the PUD Director prior to the effective date of such modification. Failure to comply with this Section may result in the filing of an application by the PUD Director seeking to revoke the TSP's or wireless provider's ETC designation.

(b)Location of records. All records including subscriber records, mobile marketing records, terms, conditions and rates for its Supported Services required by this Subchapter shall be kept or made readily available at the general office of each ETC, and shall be made available to the Commission or its designee upon reasonable request. The ETC shall make such records available to the Commission or its designee at reasonable times for examination and inspection at a location designated by the Commission.

(c)Retention of certification records. All records required by 47 C.F.R. part 54 shall be preserved for a minimum of three (3) years and in a manner consistent with 47 C.F.R. part 54.

(d)Required information to be reviewed. At the time a prospective Lifeline subscriber signs up for initial service, each ETC shall obtain the following information:

(1) a legible copy of the subscriber's Lifeline application or service request form showing the customer's name, physical address and proof of eligibility;

(2) the subscriber's information necessary to demonstrate eligibility under 47 C.F.R. § 54.410; and

(3) the subscriber's government issued photo identification.

(4) Each ETC shall provide annually to the PUD Director a copy of the ETC's FCC Form 555 as filed with Universal Service Administrative Company ("USAC") and the FCC.

(e)Contact names. Each ETC shall notify, in writing, the PUD Director within thirty (30) days of a change in the company-designated contacts for PUD and CSD issues, in compliance with OAC 165:55-3-22(h).

(f)Other information. Each ETC shall promptly furnish such other information as the PUD may reasonably request, unless otherwise ordered by the Commission.

(g)Supported Services. Each ETC shall provide confirmation that each Lifeline plan of the ETC provides the Supported Services.

(h)Exchanges. Each ETC shall retain a listing of all of the exchanges within which the ETC has provided Lifeline Service during the preceding twelve (12) months and the addresses of households who requested service and were denied Lifeline service for reasons other than the household did not meet eligibility requirement.

(i)Annual report of operations. No later than April 1 each year, unless otherwise determined by the Commission, each ETC shall provide an annual report of operations for the preceding calendar year, to the PUD Director, in a format approved by the PUD Director. In addition, each ETC shall provide a copy of any annual report required to be filed with any federal regulatory agency(ies). As a component part of the annual report of operations, each ETC shall attach a copy of its Annual Report to Stockholders. All non-publicly available information included in the annual report will be considered confidential by the Commission.

(j)Annual ETC certification. No later than August 1 of each year, each ETC shall submit by electronic mail an affidavit to the PUD Director, from an officer or person with authority to bind the ETC, stating that all federal high-cost support received in the previous calendar year, and all federal high-cost support received in the coming calendar year, was/will be used only for the provision, maintenance, and upgrading of facilities capable of delivering voice and broadband services to homes, businesses and community anchor institutions for which the support is intended, regardless of the rule under which support is provided. The PUD Director may seek additional information as part of the annual ETC certification.

(k)Complaints report. Each ETC shall maintain a record of customer complaints that it has received regarding Supported Services provided by the ETC, consistent with 47 C.F.R. § 54.313(a)(4) and 47 C.F.R. § 54.422(b)(2).

(l)Report attestation. All reports required by this subchapter to be submitted to the Commission shall be attested to by an officer or authorized agent of the ETC.

(m)Due dates of reports. All periodic reports required by this Commission must be received on or before the due dates unless otherwise agreed to by the PUD Director.

(n)Changes affecting Customers or Business Operations. An ETC proposing changes to operations that affect either customers or business operations in the State, including but not limited to name changes; and additions, modifications or deletions of trade names under which Supported Services will be operated, shall comply with Subchapter 15 of this Chapter.

Okla. Admin. Code § 165:55-23-3

Added at 21 Ok Reg 2101, eff 7-1-04 ; Amended at 22 Ok Reg 712, eff 7-1-05 ; Amended at 30 Ok Reg 1565, eff 7-11-13

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 10/1/2024