Okla. Admin. Code § 165:59-3-13

Current through Vol. 42, No. 7, December 16, 2024

Section 165:59-3-13 - Establishment of OUSF Assessment

(a)Annual Case. On or before January 15th of each year, the Administrator shall file a case with the Commission's Court Clerk within which to consider or adjust the OUSF Assessment, as necessary.

(b)Periodic Status Reports. Within the annual case filing, the Administrator shall file periodic status reports for the Commission's consideration in determining whether any adjustments to the assessment are necessary. These reports shall be filed each quarter, no later than March 31, June 30, September 30, and December 31. Should an adjustment be necessary, the Administrator shall include in the status report all information in order that the Commission may set the assessment at a level sufficient to recover costs of administration and payments for OUSF requests for funding as provided for in the Oklahoma Telecommunications Act of 1997. The Administrator shall file status reports more frequently than quarterly if the Administrator determines it necessary to change the assessment.

(c)Information to include in status reports. In the status report, the Administrator shall provide a written narrative describing how the recommended assessment was determined. The Administrator's report shall include information regarding known and measurable demands on the OUSF, reasonable estimates of future demand, estimated future contributions to the OUSF, and, if recommended, a proposed adjusted assessment with a proposed effective date. The Administrator's filing shall include anticipated payouts and expenses from the OUSF for, at least, the following categories:

(1) Payment to the Attorney General, pursuant to 17 O.S. § 139.104(A);

(2) Management contract fees;

(3) Internal administrative, oversight, and accounting expenses;

(4) External Audits of Fund Manager and Administrator;

(5) Accounting and expert witness contracts;

(6) Bank fees;

(7) Oklahoma Lifeline;

(8) Primary Universal Services; and

(9) Special Universal Services.

(d)Notice. Notice of the annual case filing shall be sent to the Oklahoma Attorney General and to all Contributing Providers via electronic mail to the Contributing Provider's contact information contained in the Contributing Provider's annual report submitted pursuant to OAC 165:59-3-40 and to any other electronic mail address so designated by the Contributing Provider. Notice of the periodic status reports shall be provided via electronic mail to all parties that have filed an entry of appearance in the current year's annual case, the Commission offices, and the Oklahoma Attorney General.

(e)Objections to assessment.

(1) Within fifteen (15) days after filing a status report pursuant to section (b) above, any Contributing Provider or the Oklahoma Attorney General may file an objection to the proposed assessment with the Court Clerk. The objection shall include sufficient evidence to allow the Commission to fully evaluate the objection.

(2) Notice of the objection shall be served via electronic mail to the Administrator, the Commission offices, and the Oklahoma Attorney General, and all parties who have filed an entry of appearance in the current year's annual case.

(3) The Commission may, within its sole discretion, conduct a hearing to resolve the objection. If the Commission chooses to conduct a hearing, it shall provide at least five (5) business days' notice to the parties in the case. Any Contributing Provider or the Oklahoma Attorney General may participate in the hearing by filing an entry of appearance and a statement of position setting forth their position on the objection. The entry of appearance and statement of position shall be served on all parties to the case, the Commission offices, and the Oklahoma Attorney General. If an entry of appearance has been previously filed in the current annual case, then no additional entry of appearance need be filed for the party to participate in the hearing on objections. However, the party must file their statement of position to participate in the hearing. If the Commission does not issue an order on the objection within thirty (30) calendar days of the objection being filed, then the objection is denied.

(f)Approval or rejection. If no objection is filed, the Commission may approve, reject, or modify the adjustment without a hearing by issuing an order.

(g)Effective date. Following the issuance of an order by the Commission adjusting the assessment and effective date, the Administrator shall notify each Contributing Provider in the same manner as notice is provided in section (d), and shall post the modified information to the Commission's website.

(h)Reporting and payment. Contributing Providers are to report and make payment to the OUSF and OLF as described in OAC 165:59-3-44.

Okla. Admin. Code § 165:59-3-13

Reserved at 14 Ok Reg 2562, eff 7-1-97; Added at 15 Ok Reg 1061, eff 1-6-98 (emergency); Added at 15 Ok Reg 1901, eff 7-1-98; Amended at 28 Ok Reg 2255, eff 7-25-11

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. 9/1/2024