{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-139.109.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-139.109.1","heading":"Special Universal Services – Eligibility –","body":"Competitive bidding - Funding.\n\nA. The following services are hereby declared to be Special\n\nUniversal Services:\n\n1. Each eligible healthcare entity in this state as defined in\n\nSection 139.102 of Title 17 of the Oklahoma Statutes shall be\n\neligible to receive Special Universal Services for telemedicine\n\nproviders. Special Universal Services for telemedicine providers\n\nshall include the provision of bandwidth per standards as\n\nrecommended by the Federal Communications Commission sufficient for\n\nproviding telemedicine services including the telemedicine line,\n\nreasonable installation and network termination equipment owned and\n\noperated by the eligible provider that is necessary to provide the\n\neligible telemedicine service;\n\n2. Each public school as defined in Section 139.102 of Title 17\n\nof the Oklahoma Statutes shall be eligible to receive Special\n\nUniversal Services for schools. Special Universal Services for\n\nschools shall include the E-rate Eligible Services List (ESL) for\n\nCategory One services as determined by the FCC for the applicable\n\nfunding year or, in the absence of such a list, as published by the\n\nUniversal Services Administrative Company. In the event no ESL is\n\navailable from the FCC or USAC for the applicable funding year,\n\neligible services will be those on the ESL for the last funding year\n\nfor which an ESL was available. Special Universal Services shall\n\ninclude the provision of bandwidth sufficient for providing\n\neducational services not to exceed, without good cause shown, the\n\nstandards established for the relevant funding year by the State\n\nEducational Technology Directors Association (SETDA) or successor\n\neducational broadband standard including Internet access lines, WAN\n\nconnections, reasonable installation, and network termination\n\nequipment owned and operated by the eligible provider as defined by\n\nthe ESL that is necessary to provide the eligible service. Student\n\ncounts as reported to the State Department of Education in October\n\nof the year prior to the relevant funding year shall be utilized for\n\nthe purpose of determining bandwidth recommendations established by\n\nSETDA for purposes of this paragraph. In the absence of standards\n\nprescribed for the applicable funding year, the standards for the\n\nnext prescribed funding year shall be used. Special Universal\n\nServices shall not include voice services that use separate lines or\n\nhave allocated bandwidth. The Commission may modify the service\n\nconsidered to be Special Universal Services pursuant to rule, after\n\nnotice and hearing; and\n\n3. Each public library as defined in Section 139.102 of Title\n\n17 of the Oklahoma Statutes shall be eligible to receive Special\n\nUniversal Services for libraries. Special Universal Services for\n\nlibraries shall include the E-rate Eligible Services List (\"ESL\")\n\nfor Category One services as determined by the Federal\n\nCommunications Commission for the applicable funding year or, in the\n\nabsence of such a list, as published by the Universal Services\n\nAdministrative Company. In the event no ESL is available from the\n\nFCC or USAC for the applicable funding year, eligible services will\n\nbe those on the ESL for the last funding year for which an ESL was\n\navailable. Special Universal Services shall include the provision\n\nof bandwidth sufficient for providing library services per standards\n\nas recommended by the Federal Communications Commission including\n\nInternet access lines, reasonable installation and network\n\ntermination equipment owned and operated by the eligible provider\n\nthat is necessary to provide the eligible service. Special\n\nUniversal Services shall not include voice services that use\n\nseparate lines or have allocated bandwidth. The Commission may\n\nmodify the services considered to be Special Universal Services\n\npursuant to rule, after notice and hearing.\nwned and operated by the eligible provider\n\nthat is necessary to provide the eligible service. Special\n\nUniversal Services shall not include voice services that use\n\nseparate lines or have allocated bandwidth. The Commission may\n\nmodify the services considered to be Special Universal Services\n\npursuant to rule, after notice and hearing.\n\nB. 1. Eligible services that are exempt from competitive\n\nbidding pursuant to state law or the rules of the Federal Universal\n\nService Support Mechanisms or successor program or programs shall be\n\nexempt from the Special Universal Services competitive bidding\n\nrequirements set forth in this subsection, and the Oklahoma\n\nUniversal Service Fund Beneficiary must provide evidence of such\n\nexemption as part of the funding request.\n\n2. An OUSF Beneficiary may be eligible to receive funding from\n\nboth the OUSF and other state or federal funds; however, in no\n\ninstance shall there be a double recovery. The OUSF Beneficiary\n\nshall make every reasonable effort to obtain funding from another\n\nstate and/or federal fund designed to support Special Universal\n\nServices. The OUSF Beneficiary shall provide the OUSF Administrator\n\nwith information regarding the recipient's request for funding from\n\ngovernment sources designed to support the provisioning of Special\n\nUniversal Services, or an explanation of why such funding is not\n\navailable or why the recipient of the Special Universal Services did\n\nnot request such funding. Failure to provide such documentation may\n\nresult in the OUSF Administrator denying in whole or in part, a\n\nrequest for Special Universal Services funding from the OUSF. If an\n\nOUSF Beneficiary is not eligible to receive funding from other state\n\nor federal funds per the program rules of the other state or federal\n\nfunds, the OUSF Beneficiary shall be exempt from the requirement to\n\nobtain funding from another state and/or federal fund designed to\n\nsupport Special Universal Services set forth in this subsection.\n\nThe OUSF Beneficiary must provide evidence of such exemption as part\n\nof the funding request.\n\n3. The credit amount for the provision of Special Universal\n\nServices as provided for in subsection A of this section shall be\n\ndetermined as provided for in this subsection.\n\n4. An eligible provider shall be entitled to reimbursement from\n\nthe Oklahoma Universal Service Fund (OUSF) for providing Special\n\nUniversal Services as described in subsection A of this section. In\n\nno case shall the reimbursement from the OUSF be made for an\n\nInternet subscriber fee or charges incurred as a result of services\n\naccessed via the Internet.\n\n5. Oklahoma Universal Service Fund Beneficiaries shall conduct\n\na fair and open competitive bidding process to select the services\n\nand carrier eligible for support. The competitive bidding process\n\nshall meet the following standards:\n\na. the solicitation of bids shall clearly identify the\n\nbandwidth range requested by the Oklahoma Universal\n\nService Fund Beneficiary or consortium,\n\nb. the Oklahoma Universal Service Fund Beneficiary shall\n\nnot limit bidders based upon technology,\n\nc. the bidding shall be open to all carriers authorized\n\nto receive OUSF funding in the telephone exchange\n\nwhere the Oklahoma Universal Service Fund Beneficiary\n\nis located or where the members of the consortium are\n\nlocated, and\n\nd. the bidding shall not be structured in a manner to\n\nexclude carriers eligible to receive OUSF funding in\n\nthe telephone exchange where the Oklahoma Universal\n\nServices Fund Beneficiary is located.\n\n6. For Special Universal Services that are competitively bid in\n\ncompliance with this act, the credit amount shall be not more than\n\ntwenty-five percent (25%) greater than the lowest cost reasonable\n\nqualifying bid of the total prediscount amount of eligible services\n\nplus installation charges, less federal funding support for the same\nthe Oklahoma Universal\n\nServices Fund Beneficiary is located.\n\n6. For Special Universal Services that are competitively bid in\n\ncompliance with this act, the credit amount shall be not more than\n\ntwenty-five percent (25%) greater than the lowest cost reasonable\n\nqualifying bid of the total prediscount amount of eligible services\n\nplus installation charges, less federal funding support for the same\n\nservices including installation charges issued in a funding\n\ncommitment letter or similar approval document for the Federal\n\nUniversal Service Support Mechanism or successor program or programs\n\nfor the applicable funding year.\n\n7. For purposes of this act, \"lowest cost reasonable qualifying\n\nbid\" means a bid that:\n\na. represents the lowest total cost proposal including\n\nmonthly recurring and nonrecurring charges for\n\neligible services,\n\nb. is reasonable to meet the needs of the Oklahoma\n\nUniversal Service Fund Beneficiary as listed in the\n\nrequest for bids,\n\nc. is submitted during the same competitive bidding\n\nperiod as the awarded bid,\n\nd. is for a bandwidth within the range requested for bid\n\nand selected by the Oklahoma Universal Service Fund\n\nBeneficiary,\n\ne. is for the same contract term as the bid that was\n\nselected by the Oklahoma Universal Service Fund\n\nBeneficiary,\n\nf. meets the requirements specified in the request for\n\nbid by the Oklahoma Universal Service Fund\n\nBeneficiary, and\n\ng. was the result of a fair and open competitive bidding\n\nprocess as defined in this act.\n\n8. If a long-term contract includes change clauses for changes\n\nin sites or services, the Oklahoma Universal Service Fund\n\nBeneficiary shall not be required to conduct a new competitive bid\n\nduring the life of the original contract, which may not exceed five\n\n(5) years.\n\n9. For eligible services associated with an Oklahoma Universal\n\nService Fund Beneficiary that does not competitively bid in\n\ncompliance with this act, the credit amount shall be determined at\n\nthe discretion of the Administrator.\n\nC. 1. Special Universal Services shall not be sold, resold or\n\ntransferred in consideration for money or any other thing of value.\n\n2. The OUSF shall not fund more than one eligible provider for\n\nthe same service at the same location for the same time period,\n\nexcept during a transition period from one eligible provider to\n\nanother. Funding during a transition period shall not exceed thirty\n\n(30) days.\n\nD. The Administrator shall have the authority to investigate\n\neach request for OUSF funding for Special Universal Services in\n\norder to ensure that the OUSF pays only for the Special Universal\n\nServices authorized in this section. The Administrator shall deny\n\nrequests for OUSF funding in excess of the credit amounts authorized\n\nin subsection B of this section unless good cause is shown.\n\nE. The Corporation Commission shall have authority to\n\ninvestigate and modify or reject in whole or part a Special\n\nUniversal Service request under subsection A of this section if the\n\nrequest does not meet the specified criteria, if the Corporation\n\nCommission's investigation determines that the entity has not\n\nprovided sufficient documentation for the requested services, or if\n\nthe Corporation Commission determines that granting the request is\n\nnot in the public interest due to fraud.\n\nF. 1. The Special Universal Services preapproval and\n\nreimbursement procedures as set forth in this subsection shall be\n\neffective and shall apply for each applicable funding year beginning\n\nJuly 1, 2017.\n\n2. The Oklahoma Universal Service Fund Beneficiary\n\nadministrative preapproval submission process shall be as follows:\n\na. the Administrator shall establish an administrative\n\napproval process to be initiated by the Oklahoma\n\nUniversal Service Fund Beneficiary in a timely fashion\n\nfor the purpose of determining eligible services and\n\ncredit amounts for the upcoming funding year. The\nJuly 1, 2017.\n\n2. The Oklahoma Universal Service Fund Beneficiary\n\nadministrative preapproval submission process shall be as follows:\n\na. the Administrator shall establish an administrative\n\napproval process to be initiated by the Oklahoma\n\nUniversal Service Fund Beneficiary in a timely fashion\n\nfor the purpose of determining eligible services and\n\ncredit amounts for the upcoming funding year. The\n\nadministrative preapproval submission process shall\n\ninclude all necessary forms and instructions,\n\nhereinafter referred to as the \"OUSF administrative\n\npreapproval request\". The Administrator shall\n\ndetermine the form for the OUSF administrative\n\npreapproval requests. The form shall be posted on the\n\nCommission website no later than June 30 of each year\n\nto become effective for any OUSF administrative\n\npreapproval requests submitted after August 31 of that\n\nyear. Any party may file an objection to the form\n\nwith the Commission within fifteen (15) days of\n\nposting. The Commission shall issue a final order on\n\nthe objection to the form within thirty (30) days,\n\nb. the Administrator shall issue an approval funding\n\nletter to the Oklahoma Universal Service Fund\n\nBeneficiary and the eligible provider within ninety\n\n(90) days of receipt of a properly completed OUSF\n\nadministrative preapproval request. Failure by the\n\nAdministrator to issue an approval funding letter\n\nwithin the ninety-day period means the OUSF\n\nadministrative preapproval request submitted by the\n\nOklahoma Universal Service Fund Beneficiary is\n\napproved as submitted and the subsequent request for\n\nreimbursement submitted by the eligible provider which\n\nis consistent with the information submitted in the\n\nOUSF administrative preapproval request shall be\n\napproved as submitted,\n\nc. the approval funding letter shall inform the Oklahoma\n\nUniversal Service Fund Beneficiary of the preapproved\n\nservices and associated credit amount for the\n\napplicable funding year. The amount of OUSF funding\n\npreapproved under this subsection may be subject to\n\nadjustments based on the amount of support received\n\nfrom other sources, if any, and adjustments to pricing\n\nthat may occur between the time of preapproval and\n\ninstallation of service,\n\nd. any OUSF administrative preapproval request shall be\n\nsubmitted to the Administrator in the format outlined\n\nin instructions posted on the Commission website. The\n\nOUSF administrative preapproval request shall include\n\nbut not be limited to the following:\n\n(1) a Special Universal Services request form as\n\nposted on the Commission website no later than\n\nJune 30 of each year for requests made after\n\nAugust 31 of that year,\n\n(2) a Federal Universal Service Support Mechanism or\n\nsuccessor program or programs form used to\n\nrequest federal funding support for the\n\napplicable funding year,\n\n(3) a federal funding commitment letter for the\n\napplicable funding year, if issued, and\nl Services request form as\n\nposted on the Commission website no later than\n\nJune 30 of each year for requests made after\n\nAugust 31 of that year,\n\n(2) a Federal Universal Service Support Mechanism or\n\nsuccessor program or programs form used to\n\nrequest federal funding support for the\n\napplicable funding year,\n\n(3) a federal funding commitment letter for the\n\napplicable funding year, if issued, and\n\n(4) competitive bidding documentation for the\n\nrelevant funding year,\n\ne. issuance of an OUSF approval funding letter by the\n\nAdministrator shall occur without a Commission order,\n\nf. OUSF administrative preapproval requests not submitted\n\nby June 30 prior to the applicable funding year shall\n\nbe processed by the Administrator on a first-in-first-\n\nout basis, and\n\ng. after a preapproval funding letter has been issued, an\n\nOUSF Beneficiary may submit a new administrative\n\npreapproval request to provide corrections or\n\nadditional information per program rules issued by the\n\nCommission.\n\n3. The eligible provider reimbursement process shall be as\n\nfollows:\n\na. requests for reimbursement shall be submitted per\n\nprocedures as set forth in subsection D of Section\n\n139.106 of Title 17 of the Oklahoma Statutes,\n\nb. the Administrator shall post the monthly payout report\n\nto the Commission website,\n\nc. funding for eligible services, including federal\n\nfunding, shall not exceed actual eligible expenses,\n\nd. any change in cost of eligible services during the\n\nfunding year shall be reported by the eligible\n\nprovider to the OUSF and:\n\n(1) all decreases in cost shall be deemed approved\n\nuntil the next eligible bidding period and all\n\ncost savings shall be properly allocated to the\n\nOUSF and the Oklahoma Universal Service Fund\n\nBeneficiary, and\n\n(2) increases in cost shall be reviewed for approval\n\nas provided for in Commission rules, and\n\ne. issuance of a determination by the Administrator shall\n\nnot require a Commission order.","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":"8e5445ee4b96da8b554ffad240172a1bceca86b8e37466a9de775ae1f4767386","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-139.108","next":"us-ok/okla.-stat.-tit.-17-17-139.110"},"notice":"GroundRules: Original legal text. Not legal advice."}