Okla. Admin. Code § 165:59-3-68

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

Section 165:59-3-68 - Procedures for requesting funding from the OUSF - Special Universal Services

(a) An Eligible Provider of Special Universal Services may seek and obtain funds from the OUSF by filing a "Request for OUSF Funding" with the Commission's Court Clerk. On the date of filing the Request for OUSF Funding, the Eligible Provider shall deliver a filed copy of the Request for OUSF Funding to the OUSF Administrator for processing.

(b) The Request for OUSF Funding shall include, but not be limited to the following:

(1) The name and address of the Eligible Provider;

(2) The name and address of the OUSF Beneficiary;

(3) A description of the provisions of the Oklahoma Telecommunications Act relied on for the request;

(4) The amount requested for funding;

(5) The completed Affidavit signed by the OUSF Beneficiary, including all required attachments;

(6) Verification of the truth and accuracy of the information contained in the Request for OUSF Funding and attachments, signed by the Eligible Provider; and

(7) A copy of the OUSF administrative preapproval funding letter, if OUSF administrative preapproval was sought by the OUSF Beneficiary.

(c) To facilitate the timely evaluation of requests for funding from the OUSF, a Request for OUSF Funding shall not contain a request for funding Special Universal Services to more than one Eligible health care Entity, or more than one school district, or more than one Public Library system. An Eligible Provider to a health care Consortium may file a Request for OUSF Funding to include eligible members of the Consortium within a single request for funding.

(d) A Request for OUSF Funding found to be incomplete (missing information required by the form and instruction package contained on the Commission website) may be denied.

(e) Amended Requests for OUSF Funding may be considered at the discretion of the Administrator. Grant of a request to amend a Request for OUSF Funding does not change the ninety (90) day statutory deadline for issuance of a determination based on the date of receipt of the original Request for OUSF Funding.

(f) Eligible Providers may withdraw the Request for OUSF Funding and file a new request at any time prior to the issuance of the Determination. Upon the filing of a Withdrawal of Request for OUSF Funding, the Commission's Court Clerk shall close the file, without Commission order. If a new request is filed, it shall be filed under a new case number.

(g) It is the intention of the Administrator that each Request for OUSF Funding will be independently evaluated and reviewed on a case-by-case basis.

(h) Consistent with 17 O.S. § 139.109.1(B)(2), the OUSF Beneficiary shall make every reasonable and timely effort to obtain funding from alternative funding sources designated to support universal service, and shall submit all documentation of the effort to obtain funding from alternative funding sources as a part of the Eligible Provider's Request for OUSF Funding, or an explanation for why alternative funding is not available.

(i) If an Eligible Provider receives funding from alternative funding sources for an investment or expense already reimbursed by the OUSF, the Eligible Provider shall refund the double collection to the OUSF by either reducing a prospective funding request from the OUSF by an equivalent amount or remitting cash payment to the OUSF. Under no circumstances will double recovery be allowed.

(j) Concurrent with the filing of the Request for OUSF Funding, the Eligible Provider shall provide copies of its Request for OUSF Funding and Notice of the Request for OUSF Funding to the OUSF Administrator, the Oklahoma Attorney General, and the OUSF Beneficiary.

(k) The Administrator and/or its contracted agent shall independently evaluate, review, and determine the accuracy of the complete request and issue a Determination of the eligibility for funds, within sixty (60) calendar days if an OUSF administrative preapproval funding letter was issued, or within ninety (90) calendar days if no OUSF administrative preapproval funding letter was issued. Simultaneously with the Administrator or contracted agent providing a copy of the Determination to the Eligible Provider and parties to the case, the Administrator or contracted agent shall file the Determination with the Commission's Court Clerk. The Eligible Provider shall provide a copy of the Administrator's Determination to the OUSF Beneficiary within five (5) calendar days after it is filed. If the OUSF Beneficiary received an OUSF administrative preapproval funding letter and subsequently requested additional bids that were not reviewed by the Administrator during the OUSF administrative preapproval process, then the OUSF administrative preapproval funding letter is null and void.

(l) 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 Determination being filed by the Administrator, by following the procedures in OAC 165:593-72.

(m) If no Request for Reconsideration is filed, the Determination shall be deemed final on the sixteenth (16) calendar day after the Determination is filed, as provided in the Oklahoma Telecommunications Act, and the case with the Commission's Court Clerk shall automatically be closed without a Commission order. The Administrator or contracted agent shall issue payment within forty-five (45) days of the previously mentioned sixteenth (16) day, without an order of the Commission.

(n) Unless good cause is shown, any Request for OUSF Funding should be made within eighteen (18) months from the date the requesting Eligible Provider r can determine the impact of occurrence of the circumstance giving rise to the request; however, if an OUSF Beneficiary has obtained an OUSF administrative preapproval funding letter from the Administrator, the Eligible Provider shall make a request for funding within sixty (60) calendar days of the start of service.

(o) No OUSF funds shall be disbursed to an Eligible Provider of Special Universal Services until the services are installed and in service.

(p) A Request for OUSF Funding, pursuant to this Section, shall be signed by an authorized agent of the Eligible Provider, or by the attorney for the Eligible Provider.

Okla. Admin. Code § 165:59-3-68

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