Okla. Admin. Code § 165:59-3-30

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

Section 165:59-3-30 - Administration of the Fund

(a) The Administrator is expressly authorized to bring actions before the Commission to enforce the provisions of this Chapter and the Oklahoma Telecommunications Act.

(b) The Administrator and/or contracted agent shall administer the OUSF in accordance with this Subchapter and the Oklahoma Telecommunications Act.

(c) The Administrator's and/or contracted agent's duties shall include, but not be limited to:

(1) Receiving, distributing, and accounting for funds paid into the OUSF;

(2) Providing reimbursement to Eligible Providers and Eligible Local Exchange Telecommunications Service Providers in accordance with the Oklahoma Telecommunications Act;

(3) Managing the daily operations and affairs of the OUSF;

(4) Monitoring and assuring contribution/payment compliance as well as conducting periodic audits of the Contributing Providers to ensure that the Contributing Providers are accurately reporting and making proper payments to the OUSF;

(5) Monitoring and assuring that OUSF funds received by the Eligible Local Exchange Telecommunications Service Providers and Eligible Providers are based on one of the categories for which reimbursement is allowed under the Oklahoma Telecommunications Act.

(6) Informally resolving disputes;

(7) Independently evaluate and review all Requests for OUSF Funding and OUSF administrative preapproval requests within time frames identified in the Oklahoma Telecommunications Act, and make a determination of the accuracy of the requests, advise the Eligible Local Exchange Telecommunications Service Provider or Eligible Provider requesting the funds of the determination of eligibility made by the Administrator, and determine the eligibility of the OUSF Beneficiary; and,

(8) Performing any other duties as required by law and/or this Chapter.

(d) The Administrator and/or contracted agent shall authorize payment of the approved funding to the requesting Eligible Local Exchange Telecommunications Service Provider or Eligible Provider, pursuant to the Oklahoma Telecommunications Act.

(e) The Commission finds, pursuant to Article IX, Section 18 of the Oklahoma Constitution, and 51 O.S. § 24A.22, that all information that is not otherwise publicly available, provided by an Eligible Local Exchange Telecommunications Service Provider, an Eligible Provider, an OUSF Beneficiary, or Contributing Provider in all matters submitted and filed pursuant to the Oklahoma Telecommunications Act is hereby classified as confidential. All documents and information considered to be confidential must be clearly marked as such. All information classified as confidential shall be used by the Administrator, ALJ, any party to a Request for OUSF Funding or party to a request for reconsideration related to such Request, any party in a case to establish or review the OUSF assessment rate, and the Commission solely in connection with the review and disposition of all matters subject to the Oklahoma Telecommunications Act. The Administrator, the ALJ, the Commission and all other parties that receive or review information deemed confidential herein shall keep all such information confidential, and shall only use such data for purposes of administering the OUSF, establishing or reviewing the OUSF assessment rate, evaluating a Request for OUSF Funding, and/or prosecuting a request for reconsideration of the Administrator's determination, or OUSF administrative preapproval funding letter, of OUSF Funding, and shall not disclose such data to any unauthorized person, provided, confidential information may be disclosed to parties in the case after the party in the case signs a nondisclosure agreement, as posted on the Commission Website, or as otherwise agreed between the party requesting the information and the party receiving the request for confidential information.

(f) Pursuant to 51 O.S. § 24A.22, the Commission hereby does classify as confidential all information that is not otherwise publicly available, provided by an Eligible Local Exchange Telecommunications Service Provider, an Eligible Provider, an OUSF Beneficiary, or Contributing Provider, in conjunction with an audit of said Eligible Local Exchange Telecommunications Service Provider, Eligible Provider, OUSF Beneficiary, or Contributing Provider. All information classified as confidential shall be used by the Administrator, ALJ, and the Commission solely in connection with the review and disposition of all matters subject to the Oklahoma Telecommunications Act. The Administrator, the ALJ, the Commission and all other parties that gain access as provided herein to confidential information shall keep all confidential information confidential, and shall not use such data except for purposes of administering the OUSF, and shall not disclose such data to any unauthorized person, provided, confidential information may be disclosed to parties in any filed case after the party in the case signs a nondisclosure agreement, as posted on the Commission Website, unless otherwise agreed to by the parties.

Okla. Admin. Code § 165:59-3-30

Added at 14 Ok Reg 2562, eff 7-1-97; Amended at 15 Ok Reg 1061, eff 1-6-98 (emergency); Amended at 15 Ok Reg 1901, eff 7-1-98; Amended at 20 Ok Reg 2318, eff 7-15-03

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. 9/1/2024