BEFORE THE CORPORATION COMMISSION OF OKLAHOMA

IN THE MATTER OF AN EMERGENCY RULEMAKING OF THE OKLAHOMA
CORPORATION COMMISSION AMENDING
OAC 165:59, OKLAHOMA UNIVERSAL SERVICE AND LIFELINE RULES / CAUSE NO. RM201600005

Comments of the Oklahoma Technology Association

And

Oklahoma Public School Technology Directors

Greg Kasbaum, Executive Director, Oklahoma Technology Association representing school districts across the State of Oklahoma and Colin Webb, Director of Technology, Noble Public Schools, representing a committee of Oklahoma public school district technology directors listed in Appendix A of this document, submits these comments concerning Emergency Rulemaking in Cause NO. RM 201600005. We appreciate the opportunity to provide input to support the goals of Special Universal Service and the intent of HB2616.

We have grave concerns regarding 165:59-7-19 Competitive Bidding

The proposed rules in this section far exceed statutory authority. The statute is unambiguous. HB2616 Section 6, subsection (B)(5) clearly defines competitive bidding for the purpose of acquiring OUSF funding. The proposed rules give the OUSF Administrator unfettered and subjective discretion and authority over nearly every aspect of the RFP process and carrier selection. The proposed rules specifically forbid the inclusion of appropriate and customary criteria detailing the specific requirements of the beneficiary. The result would jeopardize the quality and reliability of service since, according to the proposed rules, the bid can only include bandwidth criteria and may not include specific requirements of the beneficiary. The fundamental purpose of an RFP is to detail beneficiary requirements to ensure that a reliable and quality service is bid. HB2616 does not give the Corporation Commission authority to dictate and evaluate beneficiary requirements beyond that which is contained in the statute.

Further, HB2616 Section 139.109.1 (B)(7) of Title 17 referenced in Section 6 clearly defines “lowest cost qualifying bid” including the provision in Item F “meets the requirements specified in the request for bid by the Oklahoma Universal Service Fund Beneficiary”. Hence, the Beneficiary specifies their requirements. The Corporation Commission does not have the authority to compel or deny bidding requirements outside the statute.

Proposed Rules in 165:59-7-19 are not in keeping with the intent and the letter of the law and should be stricken from the proposed rules.

Conclusion:

The intent of HB2616 is to provide funding for internet access for eligible schools, libraries and hospitalsaccording to their unique requirements. The proposed rules frustrate the service selection process by materially interfering with the right and responsibility of the beneficiary to determine their own requirements.

Proposed Rules in 165:59-7-19 are not in keeping with the intent and the letter of the law and should be stricken from the proposed rules.

Respectfully Submitted,

______

Colin Webb, M.Ed.Greg Kasbaum M.Ed.

Director, TechnologyExecutive Director

Noble Public SchoolsOklahoma Technology Association

PO Box 499, Noble, OK 73068P.O. Box 852076, Yukon, OK 73085

405.872.7800405.201.7368

APPENDIX A:

OKLAHOMA CORPORATION COMMISSION, CAUSE NO. RM 201600005

Committee of Oklahoma Technology Directors

Geromy SchrickJason Johnson

Executive Director of TechnologyDirector of Instructional Programs

Mustang Public SchoolsPryor Public Schools

Mustang, OkPryor, Ok

Eric Hileman Kyle Reynolds

Executive Director, IT ServicesSuperintendent

Oklahoma City Public SchoolsWoodward Public Schools

Oklahoma City, OKWoodward, OK

Tony ChaunceyDee Benson

Director of TechnologyDirector of Technology

Elk City Public SchoolsGuthrie Public Schools

Elk City, OKGuthrie, OK

Cory BoggsTodd Borland

Executive Director, IT ServicesTechnology Director

Putnam City SchoolsUnion Public Schools

5401 NW 40th, Oklahoma CityUnion, OK

Jun Kim

Director of Technology

Moore Public Schools

Moore OK

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Certificate of Mailing

On this 23th day of June, 2016, a true and correct copy of Oklahoma Technology Association

andOklahoma Public School Technology DirectorsInitial Comments was delivered electronically to:

Brandy L Wreath

Director, Public Utility Division

Oklahoma Corporation Commission

2101 N Lincoln Blvd

Oklahoma City, OK 73105

Maribeth Snapp

Telecommunications Policy Director

Oklahoma Corporation Commission

2101 N. Lincoln Blvd.

Oklahoma City, OK 73105

J. David Jacobson

Jacobson & Laasch

212 East Second Street

Edmond, Ok 73034

Ron Comingdeer

Kendall Parish

Comingdeer & Associates

6011 N Robinson

Oklahoma City, OK 73118-7425

Jennifer H. Castillo

100 N. Broadway, Suite 2900

Oklahoma City, OK 73102

Sandra B. Harrison

Oklahoma Hospital Association

4000 N. Lincoln Blvd

Oklahoma City, OK 73105

William L. Humes

Dominic Wiliams

Phillips Murrah, P.C.

101 N Robinson Ave.

Oklahoma City, OK 73102

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