{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-158.66","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-158.66","heading":"Facilitating Internet Broadband Rural Expansion (FIBRE)","body":"Act – Pole attachment rates.\n\nA. As used in subsection B of this section, the term \"attaching\n\nentity\" shall include the electric attachments of rural electric\n\ncooperatives and their subsidiaries.\n\nB. Except as otherwise provided in this section, when a rural\n\nelectric cooperative and a communications services provider cannot\n\nagree to a voluntary negotiated pole attachment rate, the maximum\n\npole attachment rate shall be governed by the following formula:\n\nMaximum Per Pole Rate = Space Factor x Net Cost of Bare Pole x\n\nCarrying Charge Rate\n\nSpace Factor = (Occupied Space + ((2/3 x Unusable Space)/No. of\n\nAttaching Entities)) ÷ Pole Height\n\nNet Pole Investment = Gross Pole Investment (Account 364) -\n\nAccumulated Depreciation (Poles) – Accumulated Deferred Taxes\n\nCarrying Charges = A rural electric cooperative's Administrative\n\n+ Maintenance charges + Depreciation + Taxes + Return\n\nAdministrative = Total Admin and General Expense ÷ Net Plant\n\nMaintenance = Account 593 Expense ÷ Net Pole Investment\n\nDepreciation = Gross Pole Investment ÷ Net Pole Investment x\n\nDepreciation Rate\n\nTaxes = Account 408.1 (Gross Receipts Tax) ÷ Net Plant\n\nReturn = 8%\n\nUnusable Space = 25.0 ft\n\nOccupied Space = 1 ft\n\nPresumptive Default Values\n\nNo. of Attachers = Actual number of attaching entities to poles\n\nthat have third-party attachments\n\nPole Height = 37.5 ft or higher based on the actual average pole\n\nheight\n\nNet Cost of Bare Pole = 85% of Net Pole Investment ÷ Total\n\nNumber of Poles\n\nThis subsection shall not apply to any pole attachments\n\nauthorized under currently existing and valid pole attachment\n\nlicense agreements entered into prior to the effective date of this\n\nact. The determination of a maximum attachment rate does not remove\n\nthe requirement of a communications services provider to have a pole\n\nattachment agreement with the owner of the poles prior to attaching,\n\nand this subsection shall not apply to any unauthorized pole\n\nattachments.\n\nC. Notwithstanding the maximum pole attachment rate determined\n\nin subsection B of this section, beginning on the effective date of\n\nthis act and for four (4) years thereafter, the rates charged by a\n\nrural electric cooperative for new attachments to cooperative-owned\n\nelectric poles by providers of telecommunications, broadband, video,\n\nInternet services, or any cooperative affiliate entity or subsidiary\n\ncompany, under existing pole attachment license agreements or such\n\nagreements entered into on or after the effective date of this act,\n\nshall not exceed One Dollar ($1.00) per cooperative-owned electric\n\npole per year (\"One Dollar Deal\"), contingent upon the following:\n\n1. A retail broadband provider shall not have an existing\n\nattachment on the specific electric pole;\n\n2. New attachments subject to the One Dollar Deal shall be used\n\nto serve customers located within the applicable cooperative's\n\ncertified territory established under the Retail Electric Supplier\n\nCertified Territory Act and are in an unserved area as defined by\n\nthe Oklahoma Broadband Service Map;\n\n3. One Dollar Deal attachments shall be capable of providing\n\nwire-line broadband service at speeds of one hundred (100) megabits\n\nper second download and twenty (20) megabits per second upload. The\n\nbroadband service speeds listed in this paragraph shall be subject\n\nto change or update when, or if, the Federal Communications\n\nCommission makes new rulings related to its definition of broadband\n\nand when that new definition exceeds a speed of one hundred (100)\n\nmegabits per second download and twenty (20) megabits per second\n\nupload; and\n\n4. Within sixty (60) days of the end of each calendar year,\n\napplicable attaching providers shall submit written reports and\n\ninformation to the appropriate rural electric cooperative evidencing\n\ncompliance with all One Dollar Deal attachment requirements. The\nen that new definition exceeds a speed of one hundred (100)\n\nmegabits per second download and twenty (20) megabits per second\n\nupload; and\n\n4. Within sixty (60) days of the end of each calendar year,\n\napplicable attaching providers shall submit written reports and\n\ninformation to the appropriate rural electric cooperative evidencing\n\ncompliance with all One Dollar Deal attachment requirements. The\n\nevidence of compliance shall include the customers served, customers\n\npassed, service level offered, and specific qualifying poles\n\nattached to that qualify for the One Dollar Deal. The intentional\n\nsubmission of any incomplete or any false information pursuant to\n\nthis section shall result in an administrative penalty of One\n\nHundred Dollars ($100.00) a day for the first thirty (30) days, Five\n\nHundred Dollars ($500.00) a day for the next thirty (30) days, and\n\nOne Thousand Dollars ($1,000.00) every day thereafter until accurate\n\ndata is presented.\n\nD. The rates provided in this section shall not include any\n\napplicable charges for electric service. A communications services\n\nprovider must pay separately for electric service and such service\n\nshall be charged to providers at the applicable retail market rate.\n\nE. The monetary cap provided under subsection B of this section\n\nand the One Dollar Deal provided under subsection C of this section\n\nshall not eliminate the requirement of communications services\n\nproviders to contract with the rural electric cooperatives on terms\n\nand conditions of attachments under pole attachment license\n\nagreements.\n\nF. This section shall not apply to any communications services\n\nprovider that maintains unauthorized pole attachments on cooperative\n\npoles or fails to remedy any noncompliant pole attachments per the\n\ncooperative's direction.\n\nG. Rural electric cooperatives shall be required to submit\n\npresumptive default values to retail broadband providers regarding\n\npole attachments and shall provide the requested data within sixty\n\n(60) days upon the execution of a signed letter of intent and\n\nnondisclosure agreement. The intentional submission of any\n\nincomplete or any false data pursuant to this section shall result\n\nin an administrative penalty of One Hundred Dollars ($100.00) a day\n\nfor the first thirty (30) days, Five Hundred Dollars ($500.00) a day\n\nfor the next thirty (30) days, and One Thousand Dollars ($1,000.00)\n\nevery day thereafter until accurate data is presented.\n\nH. The Oklahoma district court system shall be vested with\n\nauthority to enforce the provisions of this section and to settle\n\ndisputes which may arise regarding pole attachments relative to\n\nelectric cooperative facilities. The electric cooperative's\n\nbusiness information used to calculate the formula found in\n\nsubsection B of this section is sensitive and proprietary in nature\n\nand is hereby declared proprietary business information which is to\n\nbe treated in a confidential manner by all parties to any legal\n\naction brought under this section, and such information shall be\n\nmade subject to a confidentiality order as shall be prescribed by a\n\ncourt. To the extent such information is filed with a court, it\n\nshall be filed under seal, made available only to parties to the\n\naction under confidentiality orders, and shall not be made public.\n\nThe court may seek information including, but not limited to:\n\n1. Records that correlate to the following Federal Energy\n\nRegulatory Commission and United States Department of Agriculture\n\nRural Utility Service Account Codes:\n\na. 108 – Accumulated Provision for Depreciation of\n\nElectric Utility Plant,\n\nb. 190 – Accumulated Deferred Income Taxes,\n\nc. 281 – Accumulated Deferred Income Taxes – Accelerated\n\nAmortization Property,\n\nd. 282 – Accumulated Deferred Income Taxes – Other\n\nProperty,\n\ne. 283 – Accumulated Deferred Income Taxes – Other,\n\nf. 364 – Poles, Towers, and Fixtures,\n\ng. 365 – Overhead Conductors and Devices,\na. 108 – Accumulated Provision for Depreciation of\n\nElectric Utility Plant,\n\nb. 190 – Accumulated Deferred Income Taxes,\n\nc. 281 – Accumulated Deferred Income Taxes – Accelerated\n\nAmortization Property,\n\nd. 282 – Accumulated Deferred Income Taxes – Other\n\nProperty,\n\ne. 283 – Accumulated Deferred Income Taxes – Other,\n\nf. 364 – Poles, Towers, and Fixtures,\n\ng. 365 – Overhead Conductors and Devices,\n\nh. 369 – Services,\n\ni. 408.1 – Taxes – Property,\n\nj. 409.1 – Income Taxes, Utility Operating Income,\n\nk. 410.1 – Provision for Deferred Income Taxes, Utility\n\nOperating Income,\n\nl. 411.1 – Provision for Deferred Income Taxes – Credit,\n\nUtility Operating Income,\n\nm. 411.4 – Investment Tax Credit Adjustments, Utility\n\nOperations, and\n\nn. 593 – Maintenance of Overhead Lines;\n\n2. Number of poles owned, leased, or operated by the electric\n\ncooperative;\n\n3. Number of attachments on poles owned, leased, or operated by\n\nthe electric cooperative;\n\n4. Average height of poles owned, leased, or operated by the\n\nelectric cooperative;\n\n5. Cooperative-defined percentage of usable space on poles\n\nowned, leased, or operated by the electric cooperative; and\n\n6. Cooperative's established rate of return.","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":"961f82858fc4c15f238b57aeb2df8ca306616fd029a076ff63ca523d7dd9b0d6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-158.61","next":"us-ok/okla.-stat.-tit.-17-17-159.11"},"notice":"GroundRules: Original legal text. Not legal advice."}