Okla. Admin. Code § 165:59-9-23

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

Section 165:59-9-23 - Amount of contribution

(a) The OLF Administrator or contracted agent shall, consistent with 165:59-3-40, and based on the adjusted amount to be contributed to the OLF, independently evaluate and calculate the contribution required to be made to the OLF by each contributor, based on the fund level established by the Commission sufficient to recover the costs of administration and payments for Requests for OLF Funding as provided by the Oklahoma Telecommunications Act.

(b) The funding from each contributing provider shall be based on the total intrastate retail Oklahoma Interconnected Voice over Internet Protocol revenues and intrastate telecommunications revenues, from both regulated and unregulated services, of the contributing provider, herein after referred to as assessed revenues, as a percentage of all revenues of the contributing providers, or such other assessment methodology not inconsistent with federal law. Interconnected VoIP services shall be assessed only as provided for in the decision of the Federal Communications Commission, FCC 10-185, released November 5, 2010, or such other assessment methodology that is not inconsistent with federal law.

(c) For Interconnected VoIP services, contributing providers shall, consistent with the methodology of the FCC, identify intrastate retail revenue subject to the OUSF/OLF assessment through 1) direct assignment; 2) a company-specific traffic study; or 3) the inverse of the FCC safe harbor calculation, currently 35.1%. A contributing provider must file an application with the Commission and receive approval to utilize any methodology other than the safe harbor calculation.

(d) The fiscal reporting year shall be July 1 through June 30.

(e) Each contributing provider shall pay its contribution directly to the OLF Administrator, or contracted agent, as directed by the OLF Administrator, on a monthly or annual basis, conditioned upon an annual revenue threshold established by the OLF Administrator.

(f) If the contributing provider qualifies to pay its contribution annually, payment shall be made at the beginning of the fiscal year, and is past due after August 31. If the contributing provider underestimates its annual contribution by 15% or greater, the contributing provider shall be required to make its contributions monthly for the next fiscal reporting year, and underpayments will be subject to interest.

(g) If the contributing provider qualifies to pay its contribution monthly, the contributing provider shall report the prior calendar month's revenues, and pay on those revenues, by the end of the month, each month, without skipping a month.

(h) Interest shall be charged on any payment not received by the reporting due date at the rate of 1.5% monthly.

(i) The payment shall be payable to the OLF. All contributions and interest payments shall be deposited into the OLF account established by the OLF Administrator and/or contracted agent.

(j) All contributions shall be subject to audit by the OLF Administrator, or its contracted agent.

Okla. Admin. Code § 165:59-9-23

Added at 15 Ok Reg 1195, eff 1-6-98 (emergency); Added at 15 Ok Reg 1915, eff 7-1-98; Amended at 16 Ok Reg 2360, eff 7-1-99

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

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