Okla. Admin. Code § 165:59-3-66

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

Section 165:59-3-66 - Procedures for OUSF administrative preapproval request

Except as provided in subparagraph (2) below, the OUSF administrative preapproval is an optional process available to OUSF Beneficiaries who desire to have certainty regarding the amount that will be paid from the OUSF in support of Special Universal Services on behalf of the OUSF Beneficiary.

(1) The OUSF Beneficiary may submit an OUSF administrative preapproval request to the Administrator to determine eligible services and credit amounts for the upcoming funding year. The appropriate form necessary for making an OUSF administrative preapproval request shall be available on the Commission's website and may also be obtained from the Administrator.

(2) In the event that federal universal service funding programs offer to match state funds for Special Construction Cost, OUSF Beneficiaries must follow these steps:

(A) Prior to selecting a bid, the OUSF Beneficiary will provide a copy of the request for bids, all bid evaluation criteria, and all bids received to the Administrator for review. This review will be in conjunction with an OUSF administrative preapproval request. Review of the bids and bid evaluation criteria does not guarantee approval of funding.

(B) The OUSF Beneficiary will be required to submit a request for OUSF administrative preapproval before being eligible for state match funding.

(C) The OUSF administrative preapproval request, unless a request for additional time is granted by the Administrator, must be submitted at least sixty (60) days prior to the deadline to submit the FCC Form 471 so that the Administrator has sufficient time to properly review the information. Failure to provide sufficient time for the Administrator to conduct the review may impact funding, including but not limited to a denial of the state match funding.

(3) an OUSF administrative preapproval request may be submitted at any time by sending via electronic mail, the appropriate form along with a digital copy of all required documentation, including but not limited to requirements identified in 17 O.S. § 139.109.1(F)(2)(d), to the Administrator, to the email address posted on the Commission's website.

(4) The OUSF administrative preapproval request may include any documentation that would assist the Administrator in independently evaluating the request.

(5) OUSF administrative preapproval requests may be modified or supplemented at the discretion of the Administrator and prior to the issuance of the OUSF administrative preapproval funding letter.

(6) The Administrator shall independently evaluate and review the OUSF administrative preapproval request, including all provided documentation, and issue an OUSF administrative preapproval funding letter, without Commission order, to the OUSF Beneficiary within ninety (90) calendar days of receipt of the properly completed OUSF administrative preapproval request. The OUSF administrative preapproval funding letter shall be electronically delivered to the OUSF Beneficiary.

(7) An OUSF administrative preapproval request that is found by the Administrator to be incomplete (missing information required by the form and instruction package contained on the Commission website) may be denied.

(8) After an OUSF administrative preapproval funding letter has been issued, an OUSF Beneficiary may submit a new OUSF administrative preapproval request to provide corrections or additional information per this Chapter; however, such new requests shall be submitted for each impacted funding year in accordance with subparagraphs (2) and (3) above.

(9) Unless an OUSF Beneficiary receives approval of an OUSF administrative preapproval request, the Beneficiary shall not identify the OUSF as the source of secured funds for any purpose.

(10) The amount of OUSF funding preapproved under this subsection shall be subject to adjustments based on the amount of support received from other sources, if any, as well as adjustments to pricing that may occur between the time of preapproval and installation of service.

(11) Additional eligible services beyond those contained in the OUSF administrative preapproval request shall require either submission of a new OUSF administrative preapproval request or filing of a Request for OUSF Funding.

(12) Variance from the terms approved in the OUSF administrative preapproval funding letter, which could have impacted bid selection may make the previously issued OUSF preapproval funding letter null and void.

(13) an OUSF administrative preapproval request submitted by an OUSF Beneficiary shall be signed by an authorized agent of the OUSF Beneficiary, which may include a consultant, or by the attorney for the OUSF Beneficiary.

(14) Any affected party, as defined in 17 O.S. § 139.106(D)(5), may file a request for reconsideration within fifteen (15) calendar days of the OUSF administrative preapproval funding letter being filed by the Administrator, by following the procedures in OAC 165:59-3-72.

(15) If no Request for Reconsideration is filed within fifteen (15) days after filing the OUSF administrative preapproval funding letter, the Commission's Court Clerk shall automatically close the case on the sixteenth (16) calendar day, without a Commission order.

Okla. Admin. Code § 165:59-3-66

Adopted 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