BEFORE THE CORPORATION COMMISSION OF THE STATE OF OKLAHOMA
IN THE MATTER OF A RULEMAKING OF ) CAUSE NO. RM 200300005
THE OKLAHOMA CORPORATION )
COMMISSION AMENDING OAC 165:55, )
TELECOMMUNICATIONS SERVICES )
NOTICE OF PROPOSED RULEMAKING
NOTICE IS HEREBY GIVEN that the Oklahoma Corporation Commission
(“Commission”) proposes to amend the Commission’s current rules regarding
telecommunications services that are set forth in Oklahoma Administrative Code (“OAC”)
165:55 et seq. The proposal to change the rules will clarify definitions and procedures
contained in OAC 165:55. Specifically, the proposed changes to OAC 165:55 are as
OAC 165:55-1-4 adds language to the definition of “new services” to clarify that
changing the name of an existing service or moving it to another tariff is not a new service.
OAC 165:55-1-4 also changes the acronym for Southwestern Bell Telephone Company to
“SBC” and corrects the name.
OAC 165:55-3-1 adds language to require an applicant seeking a Certificate of
Convenience and Necessity to affirm that, upon going out of business, specific information
and actions necessary to the continued provision of 911 service will be performed.
OAC 165:55-3-22(d)(3) is added to specify that no service territory shall be changed
except by Order of the Commission. OAC 165:55-3-22(i) is added to require a
telecommunications service provider to submit a sample copy of residential and business
customer bills to the Director of the Public Utility Division, and further requires resubmission
after formatting changes are made.
OAC 165:55-5-10(b)(1) deletes the reference to directory assistance in the language
that revisions to non-competitive tariffs of IXCs shall become effective on a streamlined
basis unless suspended. OAC 165:55-5-10(i) adds language to require the Commission to
consider certain factors when considering rate increases as well as rate decreases.
OAC 165:55-5-10.2 adds language requiring the targeted customer service class to
be included with the promotion information provided to the Commission. OAC 165:55-5-
10.2 also adds language which provides that the benefits of a promotion can be no more
than four times the length of the promotion so as not to exceed 365 consecutive days.
OAC 165:55-5-10.3 adds language to require that ICBs shall be submitted to the
Public Utility Division no later than 30 days after the agreement is signed by both the
customer and the telecommunications service provider.
OAC 165:55-5-21 adds the requirement of a check sheet, tariff format, and title
sheet to the current list of required items.
Notice of Proposed Rulemaking
Page 2 of 4
OAC 165:55-5-34 adds language which requires that a copy of the existing tariff
page(s) with the requested changes denoted, shall be filed with the application. OAC
165:55-5-34(d) adds language to allow a telecommunications service provider to make
tariffs available to the Commission Staff and the Office of the Attorney General by
providing the necessary Internet website information.
OAC 165:55-7-2.1 is added to designate 211 as the number to call for community
information and referral service.
OAC 165:55-7-4 adds language to require that a telecommunications service
provider which does not maintain an office in the state of Oklahoma must provide a toll-free
number for end-users to request copies of rules and tariffs.
OAC 165:55-9-3 is amended to change the past due date from 12 days to 20 days.
OAC 165:55-11-13 adds language which requires service to be restored as soon as
possible, but no longer than forty-eight (48) hours after the reason for suspension or
disconnection has been remedied.
OAC 165:55-13-10 adds a requirement that access to directory assistance includes
free directory assistance calls for those phone numbers not included or up to date in the
telecommunications service provider’s most current directory, and also adds a provision to
the minimum service requirements to require that end-users have access to 211
Information Services, where available.
OAC 165:55-13-20(f) adds language to require that temporary lines be removed or
buried within 30 days of installation, and to require that the company keep a list of
temporary lines in its exchanges.
OAC 165:55-13-22 adds language to require telecommunications service providers
to provide an alternate powering source to use during electric service outages to customers
whose service requires customer provided electricity to operate.
OAC 165:55-15-5 adds language to require that notice of discontinuance be sent to
the 911 database management service provider, and specifies the information that notice
OAC 165:55-17-3 adds language to require that applications for change to an
existing service territory shall be accompanied by tariff pages reflecting the proposed new
OAC 165:55-17-7 is amended to change the references from “SWBT” to “SBC”.
OAC 165:55-17-13 adds the requirement that when an amendment to an
interconnection agreement is filed, the cause number, effective date and order number of
the original interconnection agreement and any subsequent interconnection agreements
must be included in the application.
OAC 165:55-17-30 is added to provide that a telecommunications service provider
shall not enter into another provider’s facilities unless authority exists pursuant to an
approved interconnection agreement.
OAC 165:55-17-31 is added to specify that where choices are available, customers
have the right to choose a telecommunications service provider. OAC 165:55-1-17 also
prohibits exclusive contracts with managers or owners of multi-tenant dwellings.
OAC 165:55-17-32 is added to prohibit anti-competitive practices.
OAC 165:55-17-33 is revoked in its entirety.
Notice of Proposed Rulemaking
Page 3 of 4
Numbering in the various rules listed above may have been changed as appropriate
to reflect the proposed amendments. For a more complete explanation of the proposed
rule changes, please see the proposed rules.
NOTICE IS FURTHER GIVEN that the Commission has jurisdiction to initiate this
rulemaking pursuant to the Oklahoma Administrative Procedures Act, 75 O.S. (2001)
Section 250 et seq., Article IX, Section 18 of the Oklahoma Constitution, 17 O.S. (2001)
Section 131 et seq. and OAC 165:55.
NOTICE IS FURTHER GIVEN that the proposed new rules are available for public
inspection at the Commission’s Oklahoma City Court Clerk’s Office. Additionally, the
proposed rules are accessible on the Commission’s website at http://occ.state.ok.us and
may be downloaded at no cost to the end user.
NOTICE IS HEREBY GIVEN that a first Technical Conference will be held on March
4, 2003, at 1:30 p.m. in Courtroom 301, Third Floor, Jim Thorpe Building, 2101 North
Lincoln Boulevard, Oklahoma City, Oklahoma. The purpose of the technical conference
will be to further discuss the Commission's proposed rules. Interested parties are invited to
attend the conference and participate to the fullest extent possible. One or more of the
Commissioners may be present at the technical conference and may participate in the
dialogue with the rulemaking participants regarding the issues of the proposed rulemaking.
NOTICE IS HEREBY GIVEN that a second Technical Conference will be held on
March 13, 2003, at 1:30 p.m. in Courtroom 301, Third Floor, Jim Thorpe Building, 2101
North Lincoln Boulevard, Oklahoma City, Oklahoma. The purpose of the technical
conference will be to further discuss the Commission's proposed rules. Interested parties
are invited to attend the conference and participate to the fullest extent possible. One or
more of the Commissioners may be present at the technical conference and may
participate in the dialogue with the rulemaking participants regarding the issues of the
NOTICE IS FURTHER GIVEN that a Rule Impact Statement will be available for
public inspection in the Commission’s Court Clerk’s Office and on the Commission’s
website no later than fifteen (15) days after the date of publication of this Notice of
NOTICE IS FURTHER GIVEN that the Commission invites all interested persons to
submit initial comments regarding Staff's Proposed Rules on or before March 21,
2003. Those persons interested in submitting comments should file an original and eight
(8) copies of their comments, referring to the RM 200300005 with the Commission's Court
Clerk's office. The comments will be available for public inspection during regular business
hours of the Court Clerk's Office, 8:00 a.m. to 4:30 p.m. In order to assist Staff in
summarizing the comments for the Commission, it is requested that the comments also be
submitted on diskette. Such diskette submissions are to be in addition to and not a
substitute for the formal filing requirements addressed above. The diskette should be a 3.5
inch diskette, formatted in an IBM compatible form using Microsoft Word for Windows,
Word Perfect, or compatible software. The diskette should be clearly labeled with Cause
No. RM 200300005 and the name of the submitting party. Do not submit the diskette to
the Court Clerk's Office. Diskettes should be sent to Elizabeth Ryan, Senior Attorney,
Notice of Proposed Rulemaking
Page 4 of 4
Oklahoma Corporation Commission, P. O. Box 52000, Oklahoma City, Oklahoma, 73152-
Pursuant to 75 O.S. §303, business entities are requested, if the proposed rules
affect such entities, to provide to the Commission in writing, the increase in the level of
direct costs and indirect costs or other costs, in dollar amounts, expected to be incurred by
the entity due to compliance with the proposed rules.
The Commission has made a determination that some of the proposed rules may
have an adverse effect on small businesses. Pursuant to 75 O.S. §501 et seq., the Small
Business Regulatory Review Committee shall have a minimum of thirty (30) days in which
to review the proposed rules and Rule Impact Statement.
NOTICE IS FURTHER GIVEN that a hearing on the merits of the proposed
rulemaking will be held Tuesday, March 25, 2003, before the Commission en banc at
9:30 a.m. in Courtroom 301, Third Floor, Jim Thorpe Building, Oklahoma City, Oklahoma.
NOTICE IS FURTHER GIVEN that questions regarding this proposed rulemaking
should be directed to Elizabeth Ryan, Senior Attorney, Room 400, Jim Thorpe Building,
2101 North Lincoln Boulevard, or Post Office Box 52000, Oklahoma City, Oklahoma
73152-2000, or by phone (405) 521-2256.
OKLAHOMA CORPORATION COMMISSION
DENISE A. BODE, Chairman
BOB ANTHONY, Vice Chairman
JEFF CLOUD, Commissioner
DONE AND PERFORMED this ______day of February, 2003.
BY ORDER OF THE COMMISSION:
PEGGY MITCHELL, Secretary