§ 17-139.107. Administration of funds.

A.  The Oklahoma Lifeline Fund and the Oklahoma Universal Service Fund shall be funded in a competitively neutral manner by all telecommunications carriers.  The funding from each carrier shall be based on the total retail-billed Oklahoma intrastate telecommunications revenues, from both regulated and unregulated services, of the telecommunications carrier as a percentage of all telecommunications carriers' total retail-billed intrastate telecommunications revenues, from both regulated and unregulated services.

B.  The Corporation Commission shall establish the Oklahoma Lifeline Fund charges and the Oklahoma Universal Service Fund charges at a level sufficient to recover costs of administration.  The Commission shall provide for administration of the two funds by Commission employees or by contracting for such services with a party having no conflicting interest in the provision of telecommunications services.  The administrative function shall be headed by an Administrator.

C.  If the Commission determines after notice and hearing that a telecommunications carrier has acted in violation of this section, in addition to the other enforcement powers of the Commission, including its contempt powers and authority to revoke a provider's certificate of convenience and necessity, the Commission may bring an action on behalf of the Oklahoma Lifeline Fund or the Oklahoma Universal Service Fund, in the district court that the Commission deems appropriate, to recover any unpaid fees and charges the Commission has determined are due and payable, including interest, administrative and adjudicative costs, and attorney fees.  Upon collection of the charges and costs, the Administrator shall pay the costs of the actions and deposit the remaining funds in the Oklahoma Lifeline Fund or the Oklahoma Universal Service Fund as appropriate.

D.  The monies deposited in the Oklahoma Lifeline Fund, the Oklahoma Universal Service Fund and the Oklahoma High Cost Fund shall at no time become monies of the state and shall not become part of the general budget of the Corporation Commission or any other state agency.  Except as otherwise authorized by this act, no monies from the Oklahoma Lifeline Fund, the Oklahoma Universal Service Fund, or the Oklahoma High Cost Fund shall be transferred for any purpose to any other state agency or any account of the Corporation Commission or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expense.  Payments from the Oklahoma Lifeline Fund, the Oklahoma Universal Service Fund, and the Oklahoma High Cost Fund shall not become or be construed to be an obligation of this state.  No claims for reimbursement from the Oklahoma Lifeline Fund, the Oklahoma Universal Service Fund or the Oklahoma High Cost Fund shall be paid with state monies.

Added by Laws 1997, c. 408, § 7, eff. July 1, 1997.