Okla. Admin. Code § 165:55-23-2

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

Section 165:55-23-2 - ETC Designation

(a)Requirement for ETC Designation. No person shall receive Federal Universal Service funding, including federal Lifeline funds for Oklahoma customers without first being designated an Eligible Telecommunications Carrier ("ETC") by the Commission or as otherwise provided in 47 C.F.R. § 54.201 and § 54.202.

(b)Application for ETC Designation. A person seeking to be designated an ETC by the Commission shall file an Application with the Commission, meeting the requirements of the Commission's Rules of Practice, OAC 165:5, and shall provide the following additional information in support of the Application:

(1) A description of whether the applicant intends to offer the Federally Supported Services over its own facilities, by resale of another carrier's facilities and/or services, or through a combination of its own facilities and resale of third party facilities and/or services;

(2) A description of the service area for which ETC designation is sought, to include a list of exchanges;

(3) A description of the applicant's proposed Federally Supported Services;

(4) A description of the applicant's plans to advertise the availability of Federally Supported Services within the service area sought;

(5) A complete description of the terms, conditions and rates applicable to the applicant's offering of Supported Services.

(6) Submit a five-year plan that describes with specificity proposed improvements or upgrades to the applicant's network throughout its proposed service area. Each applicant shall estimate the area and population that will be served as a result of the improvements. Except, a common carrier seeking designation as an ETC in order to provide supported services only under 47 C.F.R. Part 54 Subpart E does not need to submit such a five-year plan.

(7) Demonstrate its ability to remain functional in emergency situations, including a demonstration that it has a reasonable amount of back-up power to ensure functionality without an external power source, is able to reroute traffic around damaged facilities, and is capable of managing traffic spikes resulting from emergency situations.

(8) Demonstrate that it will satisfy applicable consumer protection and service quality standards. A commitment by wireless applicants to comply with the Cellular Telecommunications and Internet Association's Consumer Code for Wireless Service will satisfy this requirement. Other commitments will be considered on a case-by-case basis.

(9) For common carriers seeking designation as an ETC for purposes of receiving support only under 47 C.F.R. Part 54 Subpart E, demonstrate that it is financially and technically capable of providing the Lifeline service in compliance with 47 C.F.R. Part 54 Subpart E.

(10) A statement that the applicant will comply with the requirements at 47 C.F.R. § 54.404 and 47 C.F.R. § 54.410.

(c)ILEC ETC Designation. Each ILEC operating in Oklahoma was designated as an ETC for the territory for which it was certified on the date of the adoption of the Federal Telecommunications Act of 1996 by Commission Order Number 418436.

(d)Provision of Universal Service. For the purpose of eligibility to receive federal universal service support under 47 U.S.C. § 214(e), an ETC shall, throughout its service territory:

(1) Offer the telecommunications services that are supported by Federal universal service support mechanisms under 47 U.S.C. § 254(c), either using its own facilities or a combination of its own facilities and resale of another TSP's services, including the services offered by another eligible telecommunications service provider; and,

(2) Advertise the availability of such telecommunications services and the charges thereof using media of general distribution.

(e)Common Carrier Status. In order to be granted ETC designation, the applicant must demonstrate that it is a common carrier in compliance with 47 C.F.R. § 54.201(b) and 47 U.S.C. § 214(e)(2). Such demonstration can be accomplished through being granted a CCN with authority to provide telecommunications service in each territory requested in the ETC Application. An ETC applicant that holds CCN authority in the area for which it is seeking ETC designation will be presumed to be a common carrier, unless shown otherwise by competent evidence.

(f)Compliance with Federal and State Requirements. Each applicant requesting an ETC shall affirm in its Application that it will comply with all federal requirements, the requirements of this Subchapter, and if also eligible for participation in the Oklahoma Lifeline Fund, the requirements of OAC 165:59-9-1 et seq. The ETC shall acknowledge that failure to follow these requirements may result, after notice and a hearing, in fines or other punishments, including but not limited to the revocation of an ETC designation.

(g)Requirements for an Objection to an ETC Designation. An objection filed in a case for an Application for ETC designation shall clearly state the basis of the objection. When an objection is filed in a case for an Application for ETC designation, the parties shall make a good faith attempt to resolve the objection. If the objection cannot be resolved within sixty (60) days, the Applicant shall promptly file a Motion for Procedural Schedule and a Notice of Hearing with the Court Clerk.

Okla. Admin. Code § 165:55-23-2

Reserved at 21 Ok Reg 2101, eff 7-1-04

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

Amended by Oklahome Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016

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

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