{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-139.103","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-139.103","heading":"Commission approval of changes in regulated","body":"telecommunications service rates required - Charges for basic local\n\nexchange service rates limited - Application and effect of act -\n\nAlternative form of regulation - Enforcement of quality of service\n\nstandards - Jurisdiction over access services and rates.\n\nA. Except as provided as follows, no company shall increase or\n\ndecrease any regulated telecommunications service rate without\n\napproval of the Corporation Commission, consistent with Commission\n\nrules. The Commission shall promulgate rules, to be effective no\n\nlater than January 1, 1999, eliminating any regulatory disparities\n\nbetween the CLECs and ILECs with respect to the process of reviewing\n\nand approving tariffs.\n\nB. Unless approved by the Legislature, no local exchange\n\ntelecommunications service provider may charge a basic local\n\nexchange service rate that exceeds a basic local exchange service\n\nrate previously approved by the Commission and in effect on March\n\n20, 1997, unless the local exchange telecommunications service\n\nprovider is regulated under traditional rate base, rate of return\n\nregulation. Provided, companies serving less than fifteen percent\n\n(15%) of the total access lines in the state or which are subject to\n\nsubsection B of Section 137 of this title may adjust local exchange\n\nrates in the manner provided for in subsection B of Section 137 of\n\nthis title.\n\nC. Nothing in this act shall be construed as modifying,\n\naffecting, or nullifying the responsibilities of the Commission or\n\nany telecommunications carrier as required pursuant to the National\n\nLabor Relations Act, the Communications Act of 1934 as amended by\n\nthe Telecommunications Act of 1996, or the provisions relating to\n\nrefund liability for overcharges pursuant to Section 121 et seq. of\n\nthis title.\n\nD. Except as otherwise provided for in this subsection, nothing\n\nin this act shall be construed as abrogating any rate case\n\nsettlement agreement approved by the Corporation Commission prior to\n\nthe effective date of this act. With respect to local exchange\n\ntelecommunications service providers serving fifteen percent (15%)\n\nor more of the access lines in the state:\n\n1. The company shall not request and the Commission shall not\n\napprove an increase in basic local exchange service rates before\n\nFebruary 5, 2001;\n\n2. The Commission shall not initiate or conduct a traditional\n\nrate base, rate of return or earnings proceeding for any such\n\ncompany before February 5, 2001, unless such company proposes and\n\nthe Commission approves an increase in a service rate that results\n\nin an increase in overall revenues of more than five percent (5%) on\n\nan annual basis for that company, excluding rate changes made\n\npursuant to subsection E of Section 139.106 of this title and rate\n\nchanges required or authorized by federal or state law, rules,\n\norders or policies;\n\n3. Notwithstanding any other provision of this act, no later\n\nthan July 15, 1997, each such company shall submit to the\n\nCommission, and the Commission shall approve tariff changes reducing\n\nthe intrastate access rates of that company by an amount necessary\n\nto generate a reduction in the annual intrastate access revenues of\n\nthat company of Five Million Dollars ($5,000,000.00). The company\n\nmay seek recovery from the OUSF of only that portion of the annual\n\nfive-million-dollar revenue reduction taken as directed in this\n\nparagraph that exceeds that amount necessary to achieve parity with\n\nthe interstate access rates of that company in effect on May 30,\n\n1997. Thereafter the Commission shall continue to adjust the\n\nintrastate access rates of such company as necessary to keep such\n\nrates in parity with the interstate access rates of that company,\n\nuntil the intrastate access revenues of that company have been\n\nreduced by a cumulative annual amount of Eleven Million Five Hundred\nMay 30,\n\n1997. Thereafter the Commission shall continue to adjust the\n\nintrastate access rates of such company as necessary to keep such\n\nrates in parity with the interstate access rates of that company,\n\nuntil the intrastate access revenues of that company have been\n\nreduced by a cumulative annual amount of Eleven Million Five Hundred\n\nThousand Dollars ($11,500,000.00), in addition to the five-million-\n\ndollar annual reduction taken as directed in this paragraph. The\n\ncompany may seek recovery of all or part of the eleven-million-five-\n\nhundred-thousand-dollar annual revenue reduction from the OUSF. If\n\nthe company seeks recovery from the OUSF of such access revenue\n\nreductions described in this paragraph, the Commission shall, after\n\nnotice and hearing, make a determination of the portion, if any, of\n\nthe amounts requested that the company is eligible to receive from\n\nthe OUSF;\n\n4. No later than July 15, 1997, each such company shall submit\n\nto the Commission, and the Commission shall approve revised tariffs\n\namending the terms and conditions provisions of the intrastate\n\naccess tariffs of that company so that those tariffs are in parity\n\nwith the terms and conditions provisions of the interstate access\n\ntariffs of that company. Thereafter, on an ongoing basis, such\n\ncompany shall maintain the terms and conditions provisions of the\n\nintrastate access tariffs of that company so that they are in parity\n\nwith the terms and conditions provisions of the interstate access\n\ntariffs of that company; and\n\n5. All reductions in access rates provided for in paragraph 3\n\nof this subsection shall be flowed through to customers, consistent\n\nwith the Commission's Order No. 282453, as issued by the Commission\n\nin Cause No. 29217.\n\nE. Upon application of a provider of regulated\n\ntelecommunications services, the Commission may implement an\n\nalternative form of regulation other than traditional rate base,\n\nrate of return regulation. In determining whether to approve an\n\nalternative form of regulation or whether to continue regulation as\n\nestablished in paragraph 2 of subsection D of this section beyond\n\nFebruary 5, 2001, the Commission shall consider the compliance of\n\nthe company with the federal Telecommunications Act of 1996 in\n\nopening its network to local competition and implementing the\n\ninterconnection and access provisions of such act.\n\nF. Nothing in this section shall be construed as restricting\n\nany right of a consumer to complain to the Commission regarding\n\nquality of service or the authority of the Commission to enforce\n\nquality of service standards through the Commission's contempt\n\npowers or authority to revoke or rescind a certificate of\n\nconvenience and necessity if the provider fails to provide adequate\n\nservice. A certificate shall not be revoked or rescinded without\n\nnotice, hearing, and a reasonable opportunity to correct any\n\ninadequacy.\n\nG. The rules of the Corporation Commission governing quality of\n\nservice shall apply equally to all local exchange telecommunications\n\nservice providers.\n\nH. In a manner consistent with the provisions of this act and\n\nrules promulgated by the Commission, the Commission shall retain\n\njurisdiction over access services and rates.","path":["OK Code","Title 17"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os17.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7c5889c8eabcdff00f8b1fbd5b4becb72c0d1e17dd1c7ee1c8531fac488e62b9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-139.102","next":"us-ok/okla.-stat.-tit.-17-17-139.104"},"notice":"GroundRules: Original legal text. Not legal advice."}