US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 17.

CORPORATION COMMISSION

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§17-1.  Violating rules, orders or other requirements of Commission - Switching service provider without consent of customer - Fines.

A.  1.  Upon a determination by the Corporation Commission of violation of any of its rules, orders or other requirements, a corporation, person or firm may be fined by the Commission, a sum not to exceed Five Hundred Dollars ($500.00), as the Commission may deem proper.  Each day's continuance of such violation, after due service upon such corporation, person or firm, of the order or requirement of the Commission shall be a separate offense.

2.  If the operation of such order or requirement is suspended, pending an appeal, the period of such suspension shall not be computed against the corporation, person or firm, with regard to its liability for fines and penalties.

B.  Any corporation, person or firm that switches the local or long distance telephone, electrical energy, or natural gas service provider of a customer without the consent of the customer may be fined by the Commission a sum not to exceed Ten Thousand Dollars ($10,000.00) per occurrence, as the Commission may deem proper after notice and opportunity for hearing.

R.L. 1910, § 1192.  Amended by Laws 1998, c. 48, § 1, eff. Nov. 1, 1998; Laws 2000, c. 178, § 1, eff. Nov. 1, 2000.

§172.  Contempt proceedings  When authorized  Institution of prosecution  Notice.

In case of failure of any corporation, person or firm to obey or comply with any order or requirement of the Corporation Commission, the Commission may punish such corporation, person or firm, as for contempt.  Such contempt proceedings may be instituted by any citizen of this state, or other parties affected by such order, by filing an affidavit with the Corporation Commission, setting forth the acts of omission or failure to comply with such order or requirement.  Upon the filing of such affidavit or information above mentioned, it shall be the duty of the Commission to forward to such offending corporation, person or firm a copy of such affidavit or information, and shall also issue citation to such corporation, person or firm to answer at a time to be fixed in the citation, not less than ten (10) days, nor more than twenty (20) days from the date of the service of said citation.

R.L.1910, § 1193.  

§173.  Pleadings, trial, judgment and appeal.

If the defendant shall fail to appear or file answer on the day mentioned in the citation, such failure to appear or file answer shall be deemed an admission of the truth of each and every material allegation in such affidavit, or information, and the Commission may render judgment without further hearing or testimony; or the Commission may in its discretion require additional evidence before rendering judgment in any case of default.  Upon the appearance and filing of answer of the defendant, such appearance may be by plea, demurrer or answer, and when the issue shall have been settled, the Commission may hear evidence as to the matters and facts in reference to the alleged violation of the order or requirement, and may continue the hearing from time to time, and the defendant shall be given ample opportunity to introduce proper evidence and be fully heard in the premises.  Upon the conclusion of the evidence and arguments of counsel, the Commission shall render judgment, a copy of which shall be delivered to the defendant, and the defendant shall have five (5) days from the receipt of copy of the judgment to file its exceptions thereto, and shall be allowed to appeal from the judgment of the Commission, to the Supreme Court, as provided in other cases, upon its filing a bond with the Commission in double the amount of such fine or judgment, with such security as may be required by the Commission.  Upon the filing of such bond with the commission and allowing of the appeal, the same shall operate a suspension of the fine and judgment appealed from.

R.L.1910, § 1194.  

§174.  Suspension bond.

If the order violated for which such fine or judgment is imposed shall have been an order promulgating or fixing rates, to be charged by public service corporations, persons or firms, it shall be necessary in appealing from such fine or judgment for the defendant to give a suspending bond, executed and filed with and approved by the Commission, payable to the state, and sufficient in amount and security to insure the prompt refunding by the appealing corporation, person or firm, to the parties entitled thereto, of all charges which such company may collect or receive, pending the appeal, in excess of those fixed or authorized by the order of the Commission violated or disregarded by such corporation, person or firm.  Such bond shall be conditioned to require such corporation, person or firm to keep such accounts and to make to the Commission from time to time such report, verified by oath, as may in the judgment of the Commission suffice to show the amount being charged or received by the company pending the appeal, in excess of the charge prescribed by the Commission in the order violated, together with the names and addresses of persons to whom such overcharges will be refunded in case the charges made by the company pending the appeal be not sustained on the final judgment, and the commission may at any time require such corporation, person or firm to give additional security or to increase the suspending bond when the same may appear to the Commission to be necessary to insure the prompt refunding of the overcharges aforesaid.  Upon the final judgment, if the order violated is sustained in the Supreme Court, the Commission shall distribute such overcharges to the persons to whom the same are due, as provided in Section twentyone, Article nine, of the Constitution: Provided, that if the order violated is one fixing or establishing rates and the corporation, person or firm shall obey such order and carry its provisions into effect pending such appeal, the last abovementioned bond shall not be required.

R.L.1910, § 1195.

§175.  Supreme Court to give precedence to such appeals.

Section 5.  All cases appealed to the Supreme Court from the judgment of the Corporation Commission as herein provided, shall have precedence therein, except as provided in the Constitution, and it shall be the duty of the Supreme Court to advance the same on the docket for immediate consideration and proceed to final judgment without any unnecessary delay.

R.L.1910, § 1196.  

§176.  Judgment lien  Execution.

Section 6.  All judgments or fines assessed against any corporation, person or firm, for the violation of any order or regulation, as herein provided, shall be a first lien on all property of such corporation, person or firm within this state, and it shall be the duty of the Corporation Commission, if such judgment or fine is not paid within thirty (30) days after the rendition of such judgment or fine, to issue an execution, directed to the marshal of the Corporation Commission, commanding him to seize sufficient property of such corporation, person or firm, to satisfy the fine or judgment.  And it shall be the duty of the Marshal to sell or dispose of properties levied on by reason of an execution issued by the Commission, in like manner as now required by sheriffs of this state, for the sale of property levied on by virtue of an execution issued on a judgment of a district court.

R.L.1910, § 1197.  

§17-6.1.  Civil penalties - Willfully and knowingly injuring or destroying pipeline transportation system.

A.  Any person who has been determined by the Commission to have violated any provision of any rule, regulation, or order issued pursuant to the provisions of the Commission related to pipeline safety shall be liable for a civil penalty of not more than Ten Thousand Dollars ($10,000.00) for each day that said violation continues.  The maximum civil penalty shall not exceed Five Hundred Thousand Dollars ($500,000.00) for any related series of violations.

B.  The amount of the penalty shall be assessed by the Commission pursuant to the provisions of subsection A of this section, after notice and hearing.  In determining the amount of the penalty, the Commission shall include but not be limited to consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to do business, and any show of good faith in attempting to achieve compliance with the provisions of the rules and regulations of the Commission.

All penalties collected pursuant to the provisions of this section shall be deposited into the Pipeline Enforcement Fund.

C.  Any person who willfully and knowingly injures or destroys, or attempts to injure or destroy, any pipeline transportation system, upon conviction, shall be guilty of a felony and shall be subject for each offense to a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or imprisonment for a term not to exceed fifteen (15) years or both such fine and imprisonment.

Added by Laws 1992, c. 271, § 2, emerg. eff. May 25, 1992.  Amended by Laws 1997, c. 133, § 136, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 62, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 136 from July 1, 1998, to July 1, 1999.

§177.  Judgment of Supreme Court on appeal.

In cases appealed to the Supreme Court, as provided in this article, if the judgment of the Commission is affirmed, it shall be the duty of the Supreme Court, upon entering such judgment, to direct the Clerk of the Court to deliver to the Commission a certified copy of such judgment, and upon receipt of such certified judgment, the Corporation Commission shall within ten (10) days, if such judgment and costs shall not have been paid, enter judgment against the sureties on the appeal bond without further notice or hearing, and shall within thirty (30) days from the rendition of such judgment against the sureties of said appeal or suspending bonds, if the same shall not have been paid, issue an execution against the corporation, person or firm, and the sureties of said appeal or suspending bonds as provided in the preceding section.  If the judgment of the Commission is reversed or modified by the Supreme Court, the same shall be remanded to the Commission with instruction to change or modify the former judgment of the Commission to conform to the opinion of the Supreme Court.  The Supreme Court may remand any case for additional evidence or rehearing, and make such final order or judgment in the case as the Court may deem proper.

R.L.1910, § 1198.  

§178.  Moneys to be paid into state treasury.

All moneys collected by the Corporation Commission, under this article, shall be paid into the treasury of the state.

R.L.1910, § 1199.  

§17-9.  Taxation of costs and fees.

In all cases where fines or judgments are assessed against an offending corporation, person or firm for the violation of any order or requirement of the Commission, as provided in this article, judgment shall be rendered against the defendant for all costs, which shall include the following: Witness fees at One Dollar and fifty cents ($1.50) per day, with necessary mileage at five cents ($0.05) per mile, to and from the place of hearing to the residence of the witness; the fees of the Marshal to the Commission, the same as now allowed to sheriffs for like services in this state; Ten Dollars ($10.00) docket fee, including all fees for filing and certifying papers and documents, except necessary fee for transcribing the record, ten cents ($0.10) for each folio of one hundred words; and in the Supreme Court, the same fees as are charged in cases appealed from the district courts of this state to the Supreme Court.

Laws 1919, c. 54, p. 89, § 1.

§1710.  Attorney General to prosecute.

It shall be the duty of the Attorney General to prosecute to final judgment all proceedings instituted under the provisions of this article, for the violation of any of the orders of the Corporation Commission.

R.L.1910, § 1201.  

§1711.  Proceedings when no quorum present.

At any time a cause is set for hearing and a quorum of the Commission is not present at the time set for said hearing, any member thereof may adjourn the hearing to some future time or said Commissioner present may proceed to take the testimony, which shall be transcribed and submitted to the Commission before consideration thereof; said testimony so taken shall be submitted to the Commission at a time and place fixed by the Commissioner taking the same.

R.L.1910, § 1202.  

§1712.  Depositions.

The Commission is authorized to have depositions taken upon the application of either party to any cause pending before it, or upon its own motion; and it is further authorized to designate a person to take depositions under such rules and regulations as may be prescribed by the Commission: Provided, that any party to a proceeding before the Commission may take depositions in the same manner as in actions pending in the courts of the state.

R.L.1910, § 1203.  

§1713.  Admission of evidence.

The Corporation Commission shall in the trial of cases and all special proceedings and hearings admit in evidence only such balance sheets, operating statements and other financial exhibits and schedules as shall have been compiled and authenticated by the treasurer or other regularly acting financial officer or employee of such person, firm, association or corporation as may be a party to the proceeding, action or cause pending before or being tried by said Commission; provided, that if otherwise relevant and admissible, reports of audit, balance sheets, operating statements and financial exhibits and schedules prepared by employees of said Commission and by public accountants as defined in Section 15.1 et seq. of Title 59 of the Oklahoma Statutes or certified public accountants under the laws of the state, shall be admissible and accepted in evidence in all cases.

Laws 1923, c. 93, p. 159, § 1; Laws 1994, c. 50, § 1, emerg. eff. April 11, 1994.

§1714.  Penalty for refusing examination of books in violation of Constitution, Article IX, Section 28.

If any officer of any railroad company or other public service corporation, or of any other corporation or any other person, in violation of the provisions of Article 9, Section 28, of the Constitution of the State of Oklahoma, shall refuse to permit the Corporation Commissioners, or any person authorized thereto, to examine its books and papers, such officer or other person so refusing shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than TwentyFive Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year; and each day such officers or other person shall fail or refuse to permit such examination or investigation, shall constitute a separate offense.

R.L.1910, § 1204.  

§1715.  Penalty for refusing examination of books in violation of Constitution, Article II, Section 28.

If any officer of any corporation in violation of Article 2, Section 28 of the Constitution of the State of Oklahoma shall refuse to permit any person authorized by the state, to examine its papers, books and files, such officer or other person so refusing shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than TwentyFive Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year; and each day such officer or other person shall fail or refuse to permit such investigation or examination shall constitute a separate offense.

R.L.1910, § 1205.  

§1716.  Penalty for destroying records.

Any person who shall conceal, destroy, or mutilate or attempt to conceal, destroy, or mutilate any records, books, or files of any corporation transacting business in this state for the purpose of defeating, hindering or delaying any investigation, prosecution or suit at law or equity, or any cause of action in any vested rights of any citizen of this state, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years.

R.L. 1910, § 1206.  Amended by Laws 1997, c. 133, § 137, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 63, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 137 from July 1, 1998, to July 1, 1999.

§1717.  Penalties cumulative.

Nothing herein contained shall be construed to cancel or alter the penalty now prescribed by the Constitution against such corporations for refusing to permit an investigation and examination of its books, records and files.

R.L.1910, § 1207.  

§17-18.  Expert witnesses - Documentation of justification.

The Corporation Commission is authorized to employ expert witnesses to prepare and present testimony in matters pending before the Commission or in matters concerning the Commission pending in other state or federal forums.  The selection and compensation of expert witnesses by the Corporation Commission shall be exempt from the Oklahoma Central Purchasing Act.  For expert witnesses selected pursuant to this section, the Commission shall document, in writing, the justification for choosing the person selected.  The justification shall include the number of expert witnesses considered and the cost to the state.  Such documentation shall be available for public inspection and maintained for a period of not less than five (5) years.

Added by Laws 1998, c. 180, § 1, eff. July 1, 1998.

§17-31.  Senior Utility Rate Analysts - Salary - Qualifications.

The Corporation Commission shall employ two Senior Utility Rate Analysts.  Said positions shall be in the unclassified service and shall have a maximum annual salary, payable monthly, which shall be specified in the Commission's annual appropriation bill.  Any person filling said position shall possess either:

1.  A bachelor's degree or advanced degree in the area of accounting, business administration, economics, engineering, finance, law, or equivalent and a minimum of two (2) years' experience in utility regulation on behalf of utility applicants, commission staff, or intervenors; or

2.  A minimum of five (5) years' experience in utility regulation on behalf of utility applicants, commission staff, or intervenors.

Added by Laws 1980, c. 298, § 5, emerg. eff. June 13, 1980.  Amended by Laws 1998, c. 180, § 2, eff. July 1, 1998.

§17-32.  Director of Administration - Qualifications - Duties.

A.  The Corporation Commission shall employ one (1) Director of Administration.  Said position shall be in the unclassified service.

B.  The Director of Administration shall be required to hold at least a bachelor's degree in marketing, business administration, accounting, personnel management, public administration, counseling, political science, related fields or experience equivalent thereto, or shall hold a juris doctorate degree, and shall have experience in a supervisory capacity in administrative or personnel management work.

C.  The Director of Administration shall perform duties as directed by the Commission.

D.  The Director of Administration shall not be an owner, stockholder, employee or officer of, nor have any other business relationship with or receive compensation from, any corporation, partnership, or other business or entity which is subject to regulation by the Commission.

Added by Laws 1980, c. 298, § 6, emerg. eff. June 13, 1980.  Amended by Laws 1990, c. 266, § 55, operative July 1, 1990; Laws 1994, c. 315, § 1, eff. July 1, 1994; Laws 2004, c. 262, § 11.

§1733.  Administrative Aide  Salary  Powers and duties  Office location.

Each Corporation Commissioner is hereby authorized to employ one (1) Administrative Aide.  Said positions shall be in the unclassified service and each shall have a maximum annual salary, payable monthly, which shall be specified in the Commission's annual appropriation bill.  Each Administrative Aide shall have such powers and perform such duties as are assigned to him by the Corporation Commissioner.  Such Administrative Aide shall office in the State Capitol Complex in Oklahoma City.

Laws 1980, c. 298, § 7, emerg. eff. June 13, 1980.  

§1734.1.  Implementation and administration of Public Utility Regulatory Policies Act and Residential Energy Conservation Program.

The Oklahoma Corporation Commission shall have the power to implement and administer the Public Utility Regulatory Policies Act (P.L. 95617) and the Residential Energy Conservation Program, 42 U.S.C., Sections 8211 through 8235i.  The Public Utility Division of the Corporation Commission shall be responsible for assisting the Commission in the performance of these duties.

The Corporation Commission shall adopt such rules and regulations as are necessary to implement the purpose of all federal laws which are administered or enforced by the Corporation Commission.

Amended by Laws 1987, c. 236, § 80, emerg. eff. July 20, 1987.  

§17-34.2.  Employees under Federal Underground Injection Control Project.

A.  Prior to July 1, 1991, full-time-equivalent employee positions filled contingent upon the procurement of funding provided under the Federal Underground Injection Control Program shall be in the unclassified service and not subject to the provisions of the Oklahoma Personnel Act.  Said fulltimeequivalent employee positions funded by the Federal Underground Injection Control Program shall terminate upon the exhaustion of said federal funding.

B.  On and after July 1, 1991, full-time-equivalent employees positions filled pursuant to subsection A of this section shall be in the classified service and subject to the provisions of the Oklahoma Personnel Act.

Added by Laws 1987, c. 208, § 62, operative July 1, 1987; Laws 1987, c. 236, § 84, emerg. eff. July 20, 1987; Laws 1991, c. 332, § 5, eff. July 1, 1991.

§17-35.  Data Processing Division - Responsibilities - Support services - Director.

There is hereby created within the Corporation Commission a Data Processing Division.  The Division shall be responsible for all data processing requirements of the Commission and shall be funded from any monies available to the Commission.  The Director of the Data Processing Division shall be in the unclassified service.

Added by Laws 1980, c. 298, § 9, emerg. eff. June 13, 1980.  Amended by Laws 1985, c. 325, § 4, emerg. eff. July 29, 1985; Laws 2002, c. 347, § 1, emerg. eff. May 30, 2002.

§17-36.  Repealed by Laws 1997, c. 275, § 14, eff. July 1, 1997.

§1737.  Certain federal rules and regulations not to be enforced  Exceptions.

The Corporation Commission shall not enforce any federal administrative rule or regulation prior to its effective date unless the administrative rule or regulation can be demonstrated to be economically beneficial to the State of Oklahoma or the people of Oklahoma.

Laws 1981, c. 318, § 14, emerg. eff. June 30, 1981.  

§1739.  Petty cash fund.

There is hereby created a petty cash fund not to exceed Four Hundred Dollars ($400.00) for the Corporation Commission to be used for the purpose of supplying small change.

Added by Laws 1983, c. 263, § 12, operative July 1, 1983. Amended by Laws 1987, c. 163, § 2, eff. Nov. 1, 1987.  

§17-39.2.  Payment of remittances - Receipts - Deposit of money - Administrative service fee - Returned checks.

A.  All remittances by bank draft, check, cashier's check, or money order, collected pursuant to any law, Commission rule, regulation, or order, shall be made payable to the Corporation Commission.  The Commission shall issue its receipt, for cash or money payment to the remitter.  No remittance other than cash shall be in full discharge of liability due the Corporation Commission unless and until it shall have been paid in cash.  All money collected shall be deposited with the State Treasurer of this state.

B.  There shall be assessed, in addition to any other penalties provided for by law, an administrative service fee of Twenty Dollars ($20.00) on each check returned to the Corporation Commission or any agent thereof by reason of the refusal of the bank upon which the check was drawn to honor the same.

C.  Upon the return of any check by reason of the refusal of the bank upon which such check was drawn to honor the same, the Corporation Commission may file a bogus check complaint with the appropriate district attorney who shall refer the complaint to the Bogus Check Restitution Program established by Section 111 of Title 22 of the Oklahoma Statutes.  Funds collected by the program, after collection of the fee authorized by Section 114 of Title 22 of the Oklahoma Statutes, shall be transmitted to the Corporation Commission and credited to the liability for which the returned check was drawn and to the administrative service fee provided by this section.

Added by Laws 1991, c. 103, § 2, eff. July 1, 1991.

§1740.  Transportation Division.

There is hereby created within the Oklahoma Corporation Commission a division to be known as the Transportation Division. The Division shall be comprised of a Director and shall include special motor carrier enforcement officers created by Section 171.1 of Title 47 of the Oklahoma Statutes, motor carrier enforcement officers created by Section 172 of Title 47 of the Oklahoma Statutes, and such other persons as the Commission may find necessary to carry out the responsibilities prescribed by law and to enforce the orders, rules, regulations and judgments of the Commission.

Added by Laws 1984, c. 284, § 18, operative July 1, 1984. Amended by Laws 1985, c. 325, § 6, emerg. eff. July 29, 1985; Laws 1988, c. 322, § 1.  

§17-40.1.  Regional service areas - Regional service offices - Services provided - Staffing - Reports - Telephonic communication services.

A.  For the purpose of accepting, processing and hearing applications for oil and gas well development, administrative applications, and for any other related matters, the Corporation Commission shall divide the state into two regional service areas.  By September 1, 1990, the Corporation Commission shall establish and maintain in each regional service area, a regional service office located within the corporate limits of any municipality having a population of more than two hundred fifty thousand (250,000) inhabitants according to the last Federal Decennial Census to implement their duties pursuant to law.  The State Office of the Corporation Commission located in Oklahoma City shall serve as the regional service office for the regional service area in which Oklahoma City is located.  The regional service office shall service the regional service area in which such office is located or as otherwise provided by the Corporation Commission for public convenience.

B.  1.  Applications for oil and gas well development, administrative applications and any other related matters may be filed in any regional service office.

2.  The central record of all filings with all regional service offices shall be maintained in the State Office of the Corporation Commission located in Oklahoma City and all initial dockets shall be simultaneously announced in Oklahoma City and transmitted to regional offices.

3.  All hearings on any application including but not limited to appellate hearings shall be held in the regional service office where the application is filed unless:

a. in the case of an application protested by a respondent mineral owner, or surface owner having standing to protest by statute or by Rule of the Corporation Commission, holding the hearing in the regional service office would not be at the convenience of such respondent mineral owner, or surface owner, or

b. the applicant and all protestants agree to have the Commission proceed to hear any case, or any portion thereof, during any stage of the proceedings, at any regional service office, or by telecommunication hearings, or

c. the applicant, all protestants and the Commission agree to have the Commission proceed to hear any case, or any portion thereof, during any stage of the proceedings, at another location other than a regional service office.

C.  1.  The Corporation Commission shall provide for an adequately staffed regional service office in each regional service area to conduct the business of the regional service office as herein provided.

2.  In order to implement the provisions of this subsection for the regional service office located within the corporate limits of a municipality having a population of more than two hundred fifty thousand (250,000) inhabitants, the Commission shall utilize the following positions from existing FTE for such service office:

POSITION MINIMUM

FTE

Office Administrator 1.0

Hearing Officers 2.0

Court Reporters 2.0

Docket Clerks 2.5

Secretary 1.0

3.  The Corporation Commission shall maintain electronic data equipment capable of retrieving and printing information by cause number, applicant name, relief requested, or by county.

D.  The Corporation Commission shall submit a report to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by February 1 of each year detailing the number of applications filed by county, hearings held and other activities performed by each regional service office.

E.  The Corporation Commission shall promulgate rules, pursuant to the Administrative Procedures Act, to implement the provisions of this section.

F.  The Corporation Commission shall develop and maintain a system for providing telephonic communication service for hearings related to oil and gas matters in municipalities having a population of more than eighty-five thousand (85,000) inhabitants according to the last Federal Decennial Census.  In order to implement the provisions of this subsection, the Commission shall utilize from existing FTE the following position for such telephonic communication service:

POSITION FTE

Docket Clerk .5

Added by Laws 1990, c. 289, § 1.  Amended by Laws 1992, c. 352, § 1, emerg. eff. June 4, 1992.

§1741.  Cotton gins declared public utilities.

Cotton gins maintained and operated for the purpose of ginning seed cotton of the general public, or of persons other than the person or persons, or the stockholders of the corporation maintaining and operating said gin, or maintained and operated for the purpose of ginning seed cotton not produced and owned by the person or persons, or the stockholders of the corporation, maintaining and operating said gin, are hereby declared to be public utilities, and the operation of same for the purpose of ginning seed cotton is declared to be a public business.

Laws 1915, c. 176, § 1; Laws 1929, c. 240, p. 301, § 1.  

§1742.  License from Corporation Commission  Necessity  Showing  Fee.

No person or persons, or corporation, in this state shall be permitted to maintain and operate a gin for the purpose of ginning seed cotton of the general public, or of ginning seed cotton not produced and owned by the person or persons, or the stockholders of the corporation maintaining and operating said gin, without first having secured a license for such purpose from the State Corporation Commission, said license to be issued upon proper showing to be made as prescribed by the rules and regulations promulgated by the Commission.  The fee for said license issued by the Corporation Commission is hereby fixed at three cents ($0.03) per bale, based on the number of bales ginned the previous year as shown by the final report of said gin, on file, with the Corporation Commission.  In case of a new plant or gin that did not operate the preceding year, a license fee of Five Dollars ($5.00) per gin stand will be charged; which sum shall be converted into the State Treasury of the State of Oklahoma.

Laws 1915, c. 176, § 2; Laws 1923, c. 191, p. 340, § 1; Laws 1929, c. 240, p. 301, § 2.  

§1743.  Matters considered in issuing license  Existing gins  Showing to obtain license  Cooperative gins  Inspectors.

The Corporation Commission in issuing such license shall have the right to take into consideration the necessity for the operation of a gin for such purpose at the place of its location; provided nothing herein shall operate to prevent the licensing of gins now established, except for violation of the provisions of this act or of the rules, regulations, and requirements of the Corporation Commission made and promulgated pursuant to this act.  No new gin plants shall be constructed, installed, or licensed, or any old gin removed from one point to another until satisfactory showing shall have been made to the Corporation Commission setting forth that such gin is a needed utility and that the proposed corporation, company, firm or individual is a competent and desirable corporation, company, firm or individual to establish and operate said gin as may appear in the discretion of said commission; provided, that on the presentation of a petition for the establishment of a gin to be run cooperatively, signed by one hundred (100) citizens and tax payers of the community where the gin is to be located, the Corporation Commission shall issue a license for said gin.  The commission shall have the right to take into consideration the responsibility and reliability and qualifications as well as the capacity of the person or persons or corporation to do such ginning business so far as to afford all reasonable facilities, conveniences and services to the public and shall have the power and authority to require such facilities, conveniences and services to be afforded the public. The inspectors provided herein shall be men who have served at least three (3) years in practical and actual gin operation and shall be appointed by the Corporation Commission; that said inspectors shall have the power to make recommendations to the commission as to the opening or closing of any gin or gins as well as to the affording by such gins of the reasonable facilities, conveniences and services to the public hereinbefore authorized to be required, as well as to make such other reports and recommendations to the Corporation Commission as may to said inspectors appear necessary, reasonable and just.

Laws 1915, c. 176, § 3; Laws 1923, c. 191, p. 341, § 2; Laws 1925, c. 109, p. 157, § 1.  

§1744.  Powers and authority of Corporation Commission  Rates  Department of Cotton Gin Utilities  Fiscal year and reports of cotton gins.

The Corporation Commission shall have the same power and authority and be charged with the duty of regulating and controlling such cotton gins in all matters relating to the performance of public duties and the charges therefor and correcting abuses and preventing unjust discrimination and extortion, as is exercised by said Commission as to transportation and transmission companies and shall have the same power to fix rates, rules, charges and regulations to be observed by such person or persons or corporation operating gins and the affording of all reasonable conveniences, facilities and services as it may impose as to transportation or transmission companies.  For the purpose of carrying into effect the provisions of this act, there is hereby created a Department of Cotton Gin Utilities under the Corporation Commission.  The Commission shall appoint inspectors of cotton gins, whose functions, duties and term of office shall be regulated by the Commission.  It shall be the duty of each and every corporation, company, firm or individual owning or operating a cotton gin to file a final report for the preceding year not later than ninety (90) days following the expiration of the fiscal year of the cotton gin utility.  Failure to file said report shall constitute a forfeiture of license and is hereby declared to be a misdemeanor and may be prosecuted as such, said report to be in accordance with rules and regulations promulgated by the Commission from time to time.

Laws 1915, c. 176, § 4; Laws 1923, c. 191, p. 341, § 3; Laws 1991, c. 118, § 1, emerg. eff. April 29, 1991.

§1745.  Appeals to Supreme Court.

Section 45.  The orders made by said Commission fixing rates, charges, rules andregulations as to any person, persons, or corporation operating any gin or gins may be reviewed on appeal by the Supreme Court in the same manner, form, jurisdiction and procedure as apply to such orders made relative to transportation and transmission companies.

Laws 1915, c. 176, § 5.  

§1746.  Regulations  Enforcement of orders.

Section 46.  In all matters pertaining to the regulation and control of gins andginning and the business of such, the Commission shall have the same power and authority as is now exercised by it under the law as to any matter pertaining to the public visitation, regulation or control of transportation and transmission companies, and may enforce its orders against any person, firm, company, or corporation maintaining or operating a gin or gins, by imposing a fine against them, or either of them, not exceeding One Hundred Dollars ($100.00) for the violation of any of its orders.

Laws 1915, c. 176, § 6.  

§1747.  Partial invalidity.

If it shall be held that any section or part of a section contained in this act is void by reason of it being repugnant to the Constitution, the failure of such portion shall not be held to defeat the remaining portions of this act.

Laws 1915, c. 176, § 7.  

§17-48.  Transportation, presents, or gratuities to Corporation Commissioners or employees prohibited - Exceptions - Penalty.

A.  No person who is subject to the regulations of the Corporation Commission, or has interests in any firm, corporation or business which is subject to regulation by the Corporation Commission shall furnish transportation, presents, or gratuities other than as provided by the Rules of the Ethics Commission to any member of the Corporation Commission or any employee thereof; provided, however, during a period beginning one hundred twenty (120) days prior to a primary election, through one hundred twenty (120) days following the general election, any person may make contributions not otherwise prohibited by the Rules of the Ethics Commission to the cost of any current candidate's political campaign.  It shall be unlawful for any such member or employee to knowingly accept any such transportation, presents or gratuities from any such person, firm or association.

B.  A violation of the provisions of this section shall, upon conviction, be punishable as a misdemeanor.

Added by Laws 1995, c. 343, § 42, eff. July 1, 1995.

§1751.  Oil and gas department established.

The Corporation Commission is hereby empowered and authorized to create and establish an Oil and Gas Department under the jurisdiction and supervision of the Corporation Commission, and is hereby authorized to appoint with the approval and consent of the Governor, a Chief Oil and Gas Conservation Agent who shall have charge of the Oil and Gas Department herein authorized.

Laws 1917, c. 207, p. 385, § 1.  

§17-52.  Corporation Commission - Jurisdiction, power and authority - Environmental jurisdiction of Department of Environmental Quality.

A.  1.  Except as otherwise provided by this section, the Corporation Commission is hereby vested with exclusive jurisdiction, power and authority with reference to:

a. the conservation of oil and gas,

b. field operations for geologic and geophysical exploration for oil, gas and brine, including seismic survey wells, stratigraphic test wells and core test wells,

c. the exploration, drilling, development, producing or processing for oil and gas on the lease site,

d. the exploration, drilling, development, production and operation of wells used in connection with the recovery, injection or disposal of mineral brines,

e. reclaiming facilities only for the processing of salt water, crude oil, natural gas condensate and tank bottoms or basic sediment from crude oil tanks, pipelines, pits and equipment associated with the exploration, drilling, development, producing or transportation of oil or gas,

f. injection wells known as Class II wells under the federal Underground Injection Control Program.  Any substance that the United States Environmental Protection Agency allows to be injected into a Class II well may continue to be so injected,

g. tank farms for storage of crude oil and petroleum products which are located outside the boundaries of refineries, petrochemical manufacturing plants, natural gas liquid extraction plants, or other facilities which are subject to the jurisdiction of the Department of Environmental Quality with regard to point source discharges,

h. the construction and operation of pipelines and associated rights-of-way, equipment, facilities or buildings used in the transportation of oil, gas, petroleum, petroleum products, anhydrous ammonia or mineral brine, or in the treatment of oil, gas or mineral brine during the course of transportation but not including line pipes in any:

(1) natural gas liquids extraction plant,

(2) refinery,

(3) reclaiming facility other than for those specified within subparagraph e of this subsection,

(4) mineral brine processing plant, and

(5) petrochemical manufacturing plant,

i. the handling, transportation, storage and disposition of saltwater, mineral brines, waste oil and other deleterious substances produced from or obtained or used in connection with the drilling, development, producing and operating of oil and gas wells, at:

(1) any facility or activity specifically listed in paragraphs 1 and 2 of this subsection as being subject to the jurisdiction of the Commission, and

(2) other oil and gas extraction facilities and activities,

j. spills of deleterious substances associated with facilities and activities specified in paragraph 1 of this subsection or associated with other oil and gas extraction facilities and activities, and

k. subsurface storage of oil, natural gas and liquefied petroleum gas in geologic strata.

2.  The exclusive jurisdiction, power and authority of the Corporation Commission shall also extend to the construction, operation, maintenance, site remediation, closure and abandonment of the facilities and activities described in paragraph 1 of this subsection.

3.  When a deleterious substance from a Commission-regulated facility or activity enters a point source discharge of pollutants or storm water from a facility or activity regulated by the Department of Environmental Quality, the Department shall have sole jurisdiction over the point source discharge of the commingled pollutants and storm water from the two facilities or activities insofar as Department-regulated facilities and activities are concerned.

4.  For purposes of the Federal Clean Water Act, any facility or activity which is subject to the jurisdiction of the Corporation Commission pursuant to paragraph 1 of this subsection and any other oil and gas extraction facility or activity which requires a permit for the discharge of a pollutant or storm water to waters of the United States shall be subject to the direct jurisdiction of the United States Environmental Protection Agency and shall not be required to be permitted by the Department of Environmental Quality or the Corporation Commission for such discharge.

5.  The Corporation Commission shall have jurisdiction over:

a. underground storage tanks that contain antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel and that are not located at refineries or at upstream or intermediate shipment points of pipeline operations, including, but not limited to, tanks from which these materials are dispensed into vehicles, or tanks used in wholesale or bulk distribution activities, as well as leaks from pumps, hoses, dispensers, and other ancillary equipment associated with the tanks, whether above the ground or below; provided that any point source discharge of a pollutant to waters of the United States during site remediation or the off-site disposal of contaminated soil, media, or debris shall be regulated by the Department of Environmental Quality,

b. aboveground storage tanks that contain antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel and that are not located at refineries or at upstream or intermediate shipment points of pipeline operations, including, but not limited to, tanks from which these materials are dispensed into vehicles, or tanks used in wholesale or bulk distribution activities, as well as leaks from pumps, hoses, dispensers, and other ancillary equipment associated with the tanks, whether above the ground or below; provided that any point source discharge of a pollutant to waters of the United States during site remediation or the off-site disposal of contaminated soil, media, or debris shall be regulated by the Department of Environmental Quality, and

c. the Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund and Program and the Leaking Underground Storage Tank Trust Fund.

6.  The Department of Environmental Quality shall have sole jurisdiction to regulate the transportation, discharge or release of deleterious substances or hazardous or solid waste or other pollutants from rolling stock and rail facilities.

7.  The Department of Environmental Quality shall have sole environmental jurisdiction for point and nonpoint source discharges of pollutants and storm water to waters of the state from:

a. refineries, petrochemical manufacturing plants and natural gas liquid extraction plants,

b. manufacturing of oil and gas related equipment and products,

c. bulk terminals, aboveground and underground storage tanks not subject to the jurisdiction of the Commission pursuant to this subsection, and

d. other facilities, activities and sources not subject to the jurisdiction of the Corporation Commission or Department of Agriculture as specified by this section.

8.  The Department of Environmental Quality shall have sole environmental jurisdiction to regulate air emissions from all facilities and sources subject to operating permit requirements under Title V of the Federal Clean Air Act as amended.

B.  The Corporation Commission and incorporated cities and towns shall have exclusive jurisdiction over permit fees for the drilling and operation of oil and gas wells.

C.  The Corporation Commission shall comply with and enforce the Oklahoma Water Quality Standards.

Added by Laws 1917, c. 207, p. 385, § 2.  Amended by Laws 1986, c. 250, § 13, emerg. eff. June 13, 1986; Laws 1993, c. 145, § 252, eff. July 1, 1993; Laws 1993, c. 324, § 48, eff. July 1, 1993; Laws 2000, c. 364, § 5, emerg. eff. June 6, 2000.

§17-53.  Promulgation of rules - Plugging wells.

The Corporation Commission is hereby authorized to promulgate rules for the plugging of all abandoned oil and gas wells.  Abandoned wells shall be plugged under the direction and supervision of Commission employees as may be prescribed by the Commission.  Provided, however, the Commission shall not order any oil or gas well to be plugged or closed if the well is located on an otherwise producing oil or gas lease as defined by the Commission, unless such well poses an imminent threat to the public health and safety which shall be determined by the Commission after conducting a public hearing on the matter.

Added by Laws 1917, c. 207, p. 385, § 3.  Amended by Laws 1998, c. 340, § 1, emerg. eff. June 3, 1998; Laws 2000, c. 315, § 1, eff. July 1, 2000.

§1753.1.  Removal of surface trash and debris  Rules and regulations.

A.  The Corporation Commission shall prescribe and promulgate rules and regulations to require all operators of oil and gas wells or leases upon which oil and gas wells are located to remove all surface trash and debris, occasioned by their operations, from the vicinity of their operations and to keep such premises free and clear of such trash and debris.

B.  For the purposes of this act, "surface trash and debris" means all discarded material directly connected with the drilling or producing of or exploration for hydrocarbons including, but not limited to, garbage, rubbish, junk or scrap.

Amended by Laws 1982, c. 205, § 1, emerg. eff. April 27, 1982.  

§1753.2.  Removal of operating equipment, production and storage structures, supplies and equipment, surface debris, abutment or obstacle  Filling of certain pits  Grading or terracing certain disturbed land  Release  Extension of time.

A.  The Corporation Commission shall prescribe and promulgate rules and regulations which require the lease operator to remove all unnecessary operating equipment, structures, surface debris, abutment or obstacles used in the operation of the well from the land upon which the well is located, and shall grade or terrace the surface of the soil as required in this section unless the owner of the land and the lease operator have entered into a contract providing otherwise.  Provided, however, the provisions of this section shall not apply to Osage County.

B.  Within twelve (12) months after the completion of a producing well, the operator shall fill all the pits for containing muds, cuttings, salt water or oil that are not needed for production purposes or are not required by state or federal law or regulation and shall remove all concrete bases, drilling supplies and drilling equipment and all other equipment not necessary for producing said well, excluding guy line anchors.  Within such period, the operator shall grade or terrace the land surface within the area disturbed in siting, drilling, completing and producing the well which land is not required in production of the well.

C.  Within twelve (12) months after a well that has produced oil or gas is plugged or after the plugging of a dry hole, the operator shall remove all production and storage structures, supplies and equipment and any oil, salt water and debris and fill any remaining excavations.  Within such period, the operator shall grade or terrace the area disturbed.

D.  The operator shall be released from responsibility to perform any or all requirements of this section on any part or all of the area disturbed upon the filing of a request for a waiver with and obtaining the written approval of the Commission, which request shall be signed by the surface owner to certify the approval of the surface owner of the release sought.  The Commission shall approve such requests unless it finds upon inspection that the waiver would be likely to result in substantial damage to adjoining property, substantial contamination of surface or underground water or substantial erosion or sedimentation.  If the Commission refuses to approve a request for waiver, it shall do so by order.

E.  This act shall also apply to the operators of a secondary or enhanced oil recovery unit that is or has been operated under a plan of unitization approved by order of the Oklahoma Corporation Commission and established by a proper certificate of effectiveness. Nothing herein contained shall be construed to repeal the statutes governing the establishment and operation of such secondary or enhanced recovery unit.

F.  The Commission may, upon written application by an operator showing reasonable cause, extend the period within which restoration shall be completed, but not to exceed a further sixmonth period, except under extraordinarily adverse weather conditions or when essential equipment, fuel or labor is unavailable to the operator. If the Commission refuses to approve a request for waiver or extension, it shall do so by order.

G.  The provisions of this section shall also apply to the drilling of or conversion to a saltwater disposal or injection well and to any operation in connection with reentering or reworking any oil and gas well or saltwater injection or disposal well.

Amended by Laws 1982, c. 205, § 2, emerg. eff. April 27, 1982.  

§17-53.3.  Abandoned oil and gas well-site equipment - State lien.

A.  The State of Oklahoma shall have a lien upon any abandoned oil and gas well-site equipment situated upon a lease site, including but not limited to production and storage structures, along with their contents, in an amount equal to the cost of plugging all wells associated with said lease and restoring the site.  The lien created by this act shall attach only to abandoned oil and gas well-site equipment located on or affixed to an oil or gas well which has been or is required to be plugged, replugged or repaired by rules of the Commission.

B.  Well-site equipment is presumed abandoned if:

1.  For longer than one (1) year, the well has shown no activity in terms of production, injection, disposal or testing, and has not otherwise been maintained in compliance with plugging rules; and

2. a. the last operator of record is without valid surety as required by Section 318.1 of Title 52 of the Oklahoma Statutes and cannot be located by the Corporation Commission after diligent search, or

b. the last operator of record has plugging liability in excess of the amount of such operator's surety as filed with the Corporation Commission.

The presumption of abandonment shall apply only for purposes of the lien created herein and shall have no effect upon the term, duration, or continued existence of any property or contract right in the premises.

C.  The lien created by this section shall be perfected against the equipment when notice of the lien is filed in the office of the county clerk of the county or counties where the equipment is situated.  Upon receipt, the county clerk shall record the notice in the tract index and in the mechanic's lien journal.  The notice shall contain a description of each item upon which a lien is claimed, and a legal description of the site upon which the equipment is situated.

D.  The lien provided for in this section shall be subject to all prior perfected liens.

E.  The lien created by this section shall be assignable by the Corporation Commission.

For purposes of this act the term "abandoned well" shall mean those wells that are described and listed in a report published by the Corporation Commission identifying oil or gas wells which have been determined to be abandoned or orphaned by the Corporation Commission as a result of bankruptcy, inability to find the owner, or for other reasons.

Added by Laws 1992, c. 362, § 1, emerg. eff. June 4, 1992.  Amended by Laws 1995, c. 328, § 3, eff. July 1, 1995.

§1754.  Definitions.

As used in this act:

1. "Frac tank" means any portable or stationary, high volume holding vessel designed and constructed for use in separating, storing or temporarily holding materials used in or resulting from fracturing techniques in oil and gas exploration;

2. "Fracturing" means any processes, chemicals or other materials used to enhance an oil and gas well recovery operation;

3.  "Manway" means any opening on a frac tank allowing a person ingress into or egress from the interior of the vessel; and

4.  "Unprotected" means a manway without grates, bars or other means of halting unexpected ingress into or egress from the interior of the vessel.

Laws 1981, c. 153, § 1.  

§1755.  Use of frac tanks with unprotected manways prohibited.

No employer in this state shall use any frac tanks with unprotected manways into which a person could fall.

Laws 1981, c. 153, § 2.  

§1756.  Inspections  Devices complying with act  Injunctions.

The Oklahoma Corporation Commission shall make periodic inspections to insure compliance with the provisions of this act. Any device which will halt unexpected ingress or egress from the interior of a frac tank shall be deemed to comply with this act. The Corporation Commission may institute, in the name of the State of Oklahoma, upon the relation of the Commission, any necessary action or proceeding to enjoin such persons, firm, association or corporation from continuing operations until such time when there exists compliance with the provisions of this act, and in all proper cases injunction shall be issued without a bond being required from the state.

Laws 1981, c. 153, § 3.  

§17-57.  Oil and Gas Division Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Corporation Commission, to be designated the "Oil and Gas Division Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies designated for deposit to said fund.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and shall be expended by the Corporation Commission for the purposes of expeditious prevention and abatement of oil and gas pollution, the protection of correlative rights and the prevention of waste.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.  No money shall be transferred or expended by the Corporation Commission for any other purpose than that authorized by this section.

Added by Laws 1992, c. 398, § 21, emerg. eff. June 12, 1992.  Amended by Laws 1992, c. 401, § 2, eff. July 1, 1992.

§17-61.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17-62.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17-63.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§1771.  Passenger rate regulation  Power conferred upon commission.

Section 71.  The Corporation Commission shall have the power and authority to prescribe and enforce against any railroad or transportation company, operated in whole or in part within this state, such rates and charges for the transportation of passengers between points within this state as may be found to be reasonable and just after due notice and hearing, as now provided by the Constitution for prescribing freight rates and regulations.

Laws 1913, c. 130, p. 286, § 1.  

§1772.  Effect of act  Amendment of Constitution  Vested rights.

This act shall have the effect of amending Section 37, Article IX of the Constitution prescribing and fixing passenger rates at two cents ($0.02) per mile, by conferring upon the Corporation Commission the power to promulgate and fix other than two cents ($0.02) per mile for passenger fare upon railroads and transportation companies within the state, after due notice and hearing; provided, that any orders issued by the Corporation Commission hereunder shall not have the effect of interfering with any right vested and accrued under the existing law.

Laws 1913, c. 130, p. 286, § 2.  

§1773.  Right of appeal.

From any action of the Commission prescribing rates and charges for the transportation of passengers between points within this state, any party aggrieved may appeal to the Supreme Court in the manner now provided by law for appealing cases from the Corporation Commission to the Supreme Court.

Laws 1913, c. 130, p. 287, § 3.

§17-74.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§1781.  Jurisdiction of Corporation Commission over crossings.

Section 81.  The Corporation Commission is given full jurisdiction over all public highway crossings, where same cross steam or electric railroads or railways within the State of Oklahoma.

R.L.1910, § 1199.  

§1782.  Expense of crossings.

The expense of construction and the maintenance of public highway grade crossings shall be borne by the railroad or railway company involved.  For overgrade or undergrade public highway crossings over or under steam or electric railroad or railway, the assignment of cost and maintenance shall be left to the discretion of the Corporation Commission; but in no event shall the city, town or municipality be assessed with more than fifty percent (50%) of the actual costs of such overgrade or undergrade crossings.

Laws 1919, c. 53, p. 88, § 2.  

§1783.  Procedure before Commission  Appeals.

In all actions arising before the Corporation Commission the same rules as to procedure, notice of hearing and trial, and as to appeals to the Supreme Court, shall be applicable as are prescribed for said Commission, as to transportation companies generally; and the same rules applicable to the enforcement of other orders of the Corporation Commission as to transportation companies shall be applicable to the enforcement of any order or orders made hereunder. Laws 1919, c. 53, p. 88, § 3.  

§1784.  Location and kind of crossing.

The Corporation Commission shall have exclusive jurisdiction to determine and prescribe the particular location of highway crossings, for steam or electric railways, the protection required, to order the removal of all obstructions as to view of such crossings, to alter or abolish any such crossings, and to require, where practicable, a separation of grade at any such crossing, heretofore or hereafter established.

Laws 1919, c. 53 p. 88, § 4.  

§1785.  Partial invalidity.

Section 85.  The invalidity of any section, subdivision, clause or sentence of this act shall not in any manner affect the validity of the remaining portions thereof.

Laws 1919, c. 53, p. 88, § 5.  

§1786.  Extra hazardous crossings  Protective devices  Costs.

The Oklahoma Corporation Commission shall have the authority, after having made proper investigations, to designate those grade crossings which are extra hazardous.  At all such crossings so designated, the Commission shall have the authority to order the installation of appropriate protective devices.  All such installations to be performed by the railroad.  The Commission shall have the authority to determine the number, type, and location of such signs, signals, gates or other protective devices, which, however, shall conform as near as may be with generallyrecognized national standards, and said Commission shall have authority to prescribe the division of the cost of the installation of such signs, signals, gates or other protective devices between the public utility and the state or its political subdivisions; provided, however, that the cost to the utility shall be not less than ten percent (10%) or more than twentyfive percent (25%) of the total costs.  The railroads shall be responsible for all subsequent maintenance and cost thereof.  Provided, however, that the results of investigation or investigations, findings, determinations, or orders of the Corporation Commission shall not be admissible in any civil action.

Laws 1965, c. 388, § 1, emerg. eff. June 30, 1965.  

§1787.  Payment of state costs.

Section 87.  All such division of costs that become an obligation of the state shall be paid from funds accruing to the credit of the State Highway Construction and Maintenance Fund under 68 O.S.1963, Supp., Sec. 5504(b), and all such division of costs that become an obligation of a municipal corporation or other political subdivision of the state shall be paid from the funds accruing to the various counties of the state under 68 O.S.1963 Supp., Sec.  5504(d).

Laws 1965, c. 388, § 2, emerg. eff. June 30, 1965.  

§1791.  Power of Corporation Commission respecting fences.

Where application is made to the Corporation Commission for fence or repairs to fence along a railroad or railway rightofway by a landowner whose property adjoins said rightofway, the Corporation Commission is hereby vested with power to enforce the installation of such fence or its repairs.

Laws 1919, c. 54, p. 89, § 1.  

§1792.  Procedure  Appeals.

Section 92.  In all actions arising before the Corporation Commission, the same rules as to procedure, notice of hearing and trial, and as to appeals to the Supreme Court, shall be applicable as are prescribed for said Commission as to transportation companies generally and the same rules applicable to the enforcement of other orders of the Corporation Commission, as to transportation companies shall be applicable to the enforcement of any order or orders made hereunder.

Laws 1919, c. 54, p. 89, § 2.  

§17-101.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17-102.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17-103.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17-104.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17105.  Annual audit of books and accounts.

The governing body of each municipality with an income of Twelve Thousand Dollars ($12,000.00) or more to its general fund during a fiscal year shall cause to be prepared, by an independent qualified accountant, who does not have to be a certified public accountant, an annual audit of the funds, assets, books and records of the clerk and treasurer of the municipality.  The audit shall be completed and filed at the close of each fiscal year.  Certified copies shall be filed with the county clerk and the State Auditor and Inspector within nine (9) months after the close of the fiscal year in accordance with the provisions of Sections 24102 and 24103 of Title 68 of the Oklahoma Statutes.  The expense of the audit shall be paid from the general fund of the municipality.

§17-105.1.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17-105.2.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17-105.3.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17-105.4.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17-105.5.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17107.  Failure to file audit report.

If a municipality does not file a copy of its audit as provided in Section 17105 of this title, the State Auditor and Inspector shall notify the Oklahoma Tax Commission which shall withhold from the municipality its monthly allocations of gasoline taxes until the audit report is filed.

§17-111.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17-112.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17-113.  Repealed by Laws 1997, c. 29, § 3, eff. Nov. 1, 1997.

§17115.  Rules and regulations relating to safety, sanitation and shelter.

The Oklahoma State Corporation Commission is hereby authorized to promulgate and enforce reasonable rules and regulations relating to safety, sanitation and adequate shelter as affecting the welfare and health of railroad trainmen, enginemen, yardmen, signal men, maintenance of way employees, highway crossing watchmen, and clerical employees of railroads.

Laws 1963, c. 186, § 1, emerg. eff. June 10, 1963.  

§17116.1.  Definitions.

As used in this act, unless the context requires otherwise:

(1) "Commission" means the Oklahoma Corporation Commission.

(2) "Common carrier by rail" means a railroad company operating any part of its system within this state.

(3) "Motor vehicle" means any vehicle which is selfpropelled.

(4) "Owner" means any person having the lawful use or control of a motor vehicle as holder of the legal title of the motor vehicle or under contract or lease or otherwise.

(5) "Place of employment" means that location where one or more workers are actually performing the labor incident to their employment.

(6) "Worker" means an individual employed for any period in any work for which he is compensated, whether full or part time.

Laws 1965, c. 385, § 1, emerg. eff. June 30, 1965.  

§17116.2.  Railroad company motor vehicles used to transport workers  Safe condition and operation.

Every motor vehicle provided by a railroad company and used to transport one or more workers to and from their places of employment or during the course of their employment shall be maintained in a safe condition and operated in a safe manner at all times, whether or not used upon a public highway.

Laws 1965, c. 385, § 2, emerg. eff. June 30, 1965.  

§17116.3.  Rules and regulations establishing minimum standards.

The Commission shall make and enforce reasonable rules and regulations relating to motor vehicles used to transport workers to and from their places of employment or during the course of their employment.  These rules and regulations shall establish minimum standards:

(1) For the construction and mechanical equipment of a motor vehicle, including its coupling devices, lighting devices and reflectors, motor exhaust system, rearvision mirrors, service and parking brakes, steering mechanism, tires, warning and signaling devices and windshield wipers.

(2) For the transportation of gasoline and explosives.

(3) For the safety of passengers in a motor vehicle, including emergency exits, fire extinguishers, firstaid kits, means of ingress and egress, side walls and a tailgate or other means of retaining freight and passengers within the motor vehicle.

Laws 1965, c. 385, § 3, emerg. eff. June 30, 1965.  

§17116.4.  Hearings  Suggestions.

Before formulating such rules and regulations, the Commission shall conduct hearings and invite the participation of interested groups. These groups may make suggestions relating to the minimum standards to be embodied in the rules and regulations.  The Commission shall consider the suggestions prior to the issuance of any rules and regulations.

Laws 1965, c. 385, § 4, emerg. eff. June 30, 1965.

§17116.5.  Amendment of rules and regulations.

The Commission may amend the rules and regulations at any time upon its own motion or upon complaint by any individual or group, in the same manner as it adopts other rules and regulations.

Laws 1965, C. 385, Sec. 5.  Emerg. Eff. June 30, 1965.

§17116.6.  Inspections.

The Commission may, in enforcing the rules and regulations, inspect any motor vehicle used to transport workers to and from their places of employment or during the course of their employment. Upon request, the Highway Patrol shall assist the Commission in these inspections.

Laws 1965, c. 385, § 6, emerg. eff. June 30, 1965.  

§17116.7.  Orders of commission.

Whenever the Commission finds that a motor vehicle used to transport workers to and from their places of employment or during the course of their employment violates any provision of the rules and regulations or any amendment thereto, the Commission shall make, enter and serve upon the owner of the motor vehicle such order as may be necessary to protect the safety of workers transported in the motor vehicle.  The Commission may direct in the order, as a condition to the continued use of the motor vehicle for transporting workers to and from their places of employment or during the course of their employment, that such additions, repairs, improvements or changes be made and such safety devices and safeguards be furnished and used as are reasonably required to satisfy the requirements of the rules and regulations, in the manner and within the time specified in the order.  The order may also require that any driver of the motor vehicle satisfy the minimum standards for a driver under the rules and regulations.

Laws 1965, c. 385, § 7, emerg. eff. June 30, 1965.  

§17116.8.  Enforcement.

The Commission shall have jurisdiction to enforce rules and regulations promulgated under this act relating to motor vehicles used to transport railroad workers to and from their place of employment or during the course of their employment.

Laws 1965, c. 385, § 8, emerg. eff. June 30, 1965.  

§17116.9.  Penalties.

Violation by the owner of a motor vehicle of any rule or regulation or any amendment thereto promulgated pursuant to this act or any order issued by the commission under Section 7 of this act, or willful failure to comply with such an order, is a misdemeanor, and upon conviction thereof, the owner shall be punished by confinement in the county jail for not more than one (1) year, or to pay a fine not exceeding Five Hundred Dollars ($500.00) or by both such confinement and fine.

Laws 1965, c. 385, § 9, emerg. eff. June 30, 1965.  

§17121.  Commission has power of court of record regarding refunds.

The Corporation Commission is hereby vested with the power of a court of record to determine: First, the amount of refund due and any interest owing upon such refund in all cases where any public service corporation, person, or firm, as defined by the Constitution, charges an amount for any service rendered by such public service corporation, person, or firm, in excess of the lawful rate in force at the time such charge was made, or may thereafter be declared to be the legal rate which should have been applied to the service rendered if no legal rate was in force at the time such charge was made; and, second, to whom the overcharge should be paid.

Laws 1913, c. 10, p. 10, § 1; Laws 1991, c. 332, § 1, eff. July 1, 1991.

§17122.  Judgment for overcharge  Lien  Collection.

Upon ascertaining the amount of overcharge due from any public service corporation, person or firm, the Corporation Commission shall have authority to render judgment against such public service corporation, person, or firm, for the amount of such overcharge that may have been collected from the public in violation of any legal rate, or order of the Dommission, if necessary to insure the prompt payment of the same to the Commission.  Such judgment shall be a lien upon the property of the public service corporation, person, or firm, and shall be collected in the same manner that fines and penalties imposed by the Corporation Commission are now authorized to be collected by law, and, when collected, shall be paid immediately by the Commission to the parties to whom it is due.

Laws 1913, c. 10, p. 10, § 2.  

§17123.  Appealed orders  Additional judgment for expenses of commission.

In all cases where an order fixing rates to be charged by any public service corporation, person or firm, has been appealed from and a supersedeas issued, the Corporation Commission, in making all orders requiring a refund of overcharges during the time the rates or charges were suspended, shall require such public service corporation, person, or firm, to pay, in addition to such refund, all expenses incurred by the Corporation Commission in checking such refund, determinating to whom the same belongs, and in delivering the same to the party lawfully entitled thereto.

Laws 1913, c. 10, p. 11, § 3.  

§17124.  Appeal regarding refunds.

Any party in interest shall have a right to appeal from any action of the Commission to determine the amount of refund due, or to whom such refund shall be made, or from any order or judgment rendered by the Commission pertaining to the subject matter set forth in any of the above sections of this act, in the same manner as appeals are now taken from the Corporation Commission to the Supreme Court.

Laws 1913, c. 10, p. 11, § 4.  

§17125.  Unclaimed refunds  Administrations.

All refunds not paid out by the Commission, or unclaimed, shall be administered in accordance with the Uniform Unclaimed Property Act (1981).

Laws 1913, c. 10, p. 11, § 5; Laws 1991, c. 331, § 48, eff. Sept. 1, 1991.

§17-131.  Certificate of convenience and necessity - Notice by new providers - Availability of emergency telephone services - Fines.

A.  No person, firm, association, corporation or cooperative shall provide telecommunications services, as defined by the rules of the Corporation Commission, to any end-user in this state without having first obtained from the Corporation Commission a Certificate of Convenience and Necessity.  This section shall not be construed to require any incumbent exchange carrier to secure such a certificate for any extension within or to any territory already served by it or for any extension into a territory contiguous to a territory already served by it on which it has heretofore filed with the Commission an exchange area map showing the territory professed to be served by such incumbent exchange carrier.

B.  Prior to obtaining a Certificate of Convenience and Necessity, each provider of telecommunications services, as defined by the rules of the Commission, making application for such Certificate shall be required to demonstrate its financial, managerial, and technical ability to provide the requested telecommunications services in this state.  Before commencing to provide local exchange telecommunications services in any service area, a new provider shall give notice by mail or personal service to each regional council, as defined in the Local and Regional Capital Improvement Planning Process Act, in whose district any portion of the provider's intended service area lies.  The notice shall confirm that the provider is a local exchange telephone company as defined in the Nine-One-One Emergency Number Act, and shall attest that the provider shall make emergency telephone services available to its customers in accordance with the Nine-One-One Emergency Number Act.  The new provider shall also forward a copy of the notice to the Corporation Commission.  The regional council shall, within fifteen (15) days of receipt of the notice, forward the notice by mail to the chief executive officer of every governing body located in the regional council district that has responsibility for operation of an emergency telephone system serving any part of the provider's intended service area.

C.  Any corporation, firm, or person who fails to provide notice as required pursuant to the provisions of subsection B of this section may be fined by the Commission a sum of up to Five Hundred Dollars ($500.00) as the Commission may deem proper after notice and opportunity for hearing.  Each day's continuance of such violation, after due service upon such corporation, firm, or person, of the requirement shall be a separate offense.

Added by Laws 1917, c. 270, p. 490, § 1.  Amended by Laws 1957, p. 88, § 1; Laws 1959, p. 85, § 1; Laws 1993, c. 365, § 1, emerg. eff. June 11, 1993; Laws 1996, c. 331, § 1, emerg. eff. June 12, 1996; Laws 2000, c. 207, § 1, eff. Nov. 1, 2000; Laws 2001, c. 30, § 1, eff. July 1, 2001.

§17132.  Application for certificate  Notice.

The application for a Certificate of Convenience and Necessity pursuant to Section 131 of this title shall be under such rules as the Corporation Commission may, from time to time, prescribe.  Upon receipt of any such application for such certificate, the Commission shall cause notice thereof to be published once a week for two (2) consecutive weeks in some newspaper of general circulation in each territory affected.

Added by Laws 1917, c. 270, p. 491, § 2.  Amended by Laws 1957, p. 88, § 2; Laws 1996, c. 331, § 2, emerg. eff. June 12, 1996.

§17133.  Grant or refusal of certificate  Protests.

The Commission shall have power to issue said certificate as prayed for or to refuse to issue the same or to issue it for the construction, operation or acquisition of a portion only of the contemplated territory.  No certificate shall be issued until the expiration of thirty (30) days from the date of the first publication of notice, nor shall any certificate be issued without hearing unless no protest is filed to the granting of the certificate by any interested party within such thirtyday period. In the event such protest is filed, then the Commission shall set the matter for public hearing; however, in the event no protest is filed the Commission may, at its discretion, forthwith issue the certificate as prayed for or set the matter for public hearing on its own motion.

Laws 1917, c. 270, p. 491, § 3; Laws 1957, p. 88, § 3.  

§17134.  Repair, maintenance or reconstruction  Injury to or interference with shade trees.

Nothing in this act shall prevent the repair, maintenance or reconstruction of existing telephone properties, or the addition of necessary circuits to existing lines, to accomodate increase in business of the same character.  Provided that it is hereby declared unlawful for any telephone company in building, repairing or maintaining any telephone line to cut down, trim, disturb or injure any shade tree on any public road or highway, or on any parkage on any street in any city or town, without first obtaining the consent of the abutting property owner so to do, and in the maintenance of telephone line it is hereby declared unlawful for any telephone company to construct their lines so that the wires or cables shall injure any such shade trees on such road or highway or on any parkage within any city or town.

Laws 1917, c. 270, p. 492, § 5.

§17136.  Extension of telephone service to open territories  Petition  Notice and hearing.

Upon the petition of any citizens residing in territory which is open territory, requesting telephone service from an adjacent telephone exchange, the Commission may cause the same to be set for hearing and give due and proper notice in writing, at least ten (10) days prior to the date of hearing, to all persons, firms or corporations holding certificates to furnish service in adjacent territory or furnishing service in adjacent territory and to the municipal officials of all municipalities in said affected territories, and by publication for one (1) week in a newspaper of general circulation in the territory affected.  If, at such hearing, the Commission finds from competent evidence that the public convenience and necessity requires the furnishing of telephone service in the affected territory, it shall have the further power to order and direct the person, firm, association, corporation or cooperative which can most economically extend its service so as to furnish efficient telephone service in the affected territory to so extend its service, provided that it shall not make an order so requiring unless it finds, from substantial evidence, that the person, firm or corporation so ordered to serve is earning a fair return on the fair value of its property devoted by it to the public service in this state and that the rendition of service in the affected territory will not prevent the person, firm or corporation so ordered to serve from earning a fair return on the fair value of its property devoted to the public service in this state.

Laws 1959, p. 85, § 2.  

§17-137.  Rates - Telephone companies not subject to local exchange rate regulation.

A.  Except as otherwise hereafter provided, any proceeding under Section 136 of this title and in any other proceeding to regulate the rates of a telephone utility subject to the jurisdiction of the Corporation Commission, said Commission shall prescribe and enforce rates to provide a fair return on the fair value of the property devoted to public service in this state.

B.  Telephone companies which serve less than fifteen thousand (15,000) subscribers within the state and telephone cooperatives shall not be subject to local exchange rate regulation by the Corporation Commission unless:

1.  The company elects by action of its board of directors to be subject to such local exchange rate regulation by the Commission;

2.  The proposed local exchange rate increase exceeds Two Dollars ($2.00) per access line per month in any one (1) year;

3.  Fifteen percent (15%) of the subscribers petition the Commission to regulate local exchange rates pursuant to subsections, D, E and F of this section; or

4.  The Commission declares that the company shall be subject to local exchange rate regulation by the Commission pursuant to subsection G of this section.

C.  Each telephone company, which serves more than five percent (5%) but less than fifteen percent (15%) of the subscribers of telephone service within the state, that increases its local exchange rates in accordance with this section shall invest an amount equivalent to the annual revenues produced from such rate increase to upgrade its facilities used for the provision of services to subscribers served within the exchange from which revenues from such rate increase are generated.

D.  Each such telephone company not subject to local exchange rate regulations, at least sixty (60) days before the effective date of any proposed rate change, shall notify the Commission and each of the subscribers of such company of the proposed local exchange rate change.  Notice to the Commission shall include a list of the published subscribers of such company.  Notice by the company to all subscribers shall:

1.  Be in a form prescribed by the Commission;

2.  Be by regular mail and may be included in regular subscriber billings; and

3.  Include a schedule of the proposed local exchange rates, the effective date of the said rates, and the procedure necessary for the subscribers to petition the Commission to examine and determine the reasonableness of the proposed rates.  If the telephone directory published by the company for its subscribers sets forth the procedure for petitioning the Commission, a reference to the location in the directory shall be adequate notice of the procedure.

E.  The subscribers of a telephone company not subject to the Commission's local exchange rate regulation may petition the Commission to examine and determine the reasonableness of the local exchange rate change proposed by the company pursuant to subsection C of this section.  The Commission shall adopt and promulgate rules and regulations governing the form of such petitions.  A petition substantially in compliance with such rules and regulations shall not be deemed invalid due to minor errors in its form.

F.  If, by the effective date of the proposed local exchange rate change, the Commission has received petitions from fewer than fifteen percent (15%) of the subscribers requesting that the Commission examine the proposed local exchange rate change, the Commission shall immediately certify such fact to the company and the proposed local exchange rates shall become effective as published in the notice to subscribers.  If, on or before the effective date of the proposed local exchange rate change, the Commission has received petitions from fifteen percent (15%) or more of the subscribers requesting that the Commission examine and determine the reasonableness of the proposed local exchange rates, the Commission shall notify the company that it will examine and determine the reasonableness of the proposed local exchange rate change.  Local exchange rates and charges established by the Commission or by a telephone company pursuant to this subsection and subsection D of this section shall be in force for not less than one (1) year.

G.  In addition to the procedure for petition prior to any proposed local exchange rate change pursuant to subsections D through F of this section, the subscribers of a telephone company not subject to the Commission's local exchange rate regulation may at any time petition the Commission to declare the company be subject to such rate regulation.  If the Commission determines that at least fifty-one percent (51%) of the subscribers of a company have properly petitioned that the company be subject to the Commission's rate regulation, the Commission shall certify such fact to the company and thereafter the company shall be subject to rate regulation by the Commission until at least fifty-one percent (51%) of the subscribers of the company properly petition that the company no longer shall be subject to the Commission's local exchange rate regulation.  The Commission shall adopt and promulgate rules and regulations governing the petition procedure and the form of such petitions and a petition substantially in compliance with such rules and regulations shall not be deemed invalid due to minor errors in its form.

H.  Subsections A through G of this section apply only to local exchange rates and charges and shall have no effect on the Oklahoma Corporation Commission's jurisdiction over, and regulation of, intrastate toll and access rates and charges.

I.  The Commission shall have the right to investigate and determine the reasonableness of the increase in local exchange rates and charges of each telephone company or cooperative not subject to local exchange rate regulation within one (1) year of the time local exchange rates or charges are increased.  If the Commission determines such rate or charge increases are unreasonable, the Commission shall have the authority to order a rate hearing and, after such hearing, shall have the authority to rescind all or any portion of the increases found to be unreasonable.

J.  When any telephone utility subject to the jurisdiction of the Corporation Commission shall file with the Commission a request for review of its rates and charges, such request shall be conducted in accordance with the provisions of subsection B of Section 152 of this title.

K.  It is the intention of the Legislature that this entire section is an amendment to, and alteration of Sections 18 through 34, inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution.

Added by Laws 1959, p. 86, § 3, emerg. eff. June 22, 1959.  Amended by Laws 1986, c. 97, § 1, eff. Jan. 1, 1987; Laws 1993, c. 365, § 2, emerg. eff. June 11, 1993; Laws 1994, c. 315, § 18, eff. July 1, 1994; Laws 2004, c. 240, § 1, emerg. eff. May 5, 2004.

§17-137.1.  Repealed by Laws 1997, c. 408, § 12, eff. July 1, 1997.

§17-137.2.  Repealed by Laws 1996, c. 331, § 6, emerg. eff. June 12, 1996.

§17-137.3.  Universal service fee.

The Corporation Commission may, after notice and hearing, assess a universal service fee upon all providers of telecommunications services, as defined by the rules of the Corporation Commission, and upon cellular and other radio carriers, to support state and federal universal service objectives.

Added by Laws 1996, c. 331, § 3, emerg. eff. June 12, 1996.

§17138.  Enforcement.

In addition to the power to punish for contempt already vested in the Commission, it shall have the power to vacate and declare open any and all territory of any telephone utility which refuses to extend service which might be ordered under Section 2 of this act.

Laws 1959, p. 86, § 4.  

§17-139.1.  Coin-activated and credit card-activated telephones - Operating requirements.

The Corporation Commission shall, by rule or order, promulgate and enforce operating requirements for coinactivated and credit cardactivated telephones available for public use owned or operated by corporations or persons other than telephone corporations authorized by the Commission to operate within service areas.  These requirements shall include, but are not limited to a requirement that every telephone permit a caller to be connected with the operator personnel of any telephone corporation authorized by the Commission to operate within a service area through the Commission authorized access method chosen by the operator service provider with exception of those coin operated or credit card-activated telephones made available to inmates at state, federal, local and county jails and correctional facilities.

Added by Laws 1990, c. 285, § 1, operative July 1, 1990.

§17-139.2.  Operator-assisted services - Operating requirements - Inclusion of law in directories of subscribers.

A.  The Corporation Commission shall, by rule or order, promulgate and enforce operating requirements for every corporation or person, other than a telephone corporation authorized by the Commission to operate within a service area, which, for a charge, furnishes operatorassisted services.  These requirements shall include, but not be limited to:

1.  A requirement that furnishing these operatorassisted services for telephone calls within a service area is prohibited unless the Commission, after instituting a proceeding for the purpose, finds and determines that to permit these operatorassisted services is in the public interest; provided, state, federal, local and county jails and correctional facilities may utilize operator-assisted services in conjunction with collect call only telephones, if intended for exclusive use by prisoners;

2.  A requirement that the charges for these operatorassisted services be disclosed to users of the services upon request; and

3.  The provider of operator services, upon accessing a call, shall audibly and distinctly identify the company to the user of any telephone before any charges are incurred and shall permit the consumer to terminate the telephone call at no charge.

B.  The Commission shall require every telephone corporation which publishes a directory of subscribers to include in that directory information comprising the substance of this section and the rules and orders of the Commission promulgated pursuant to this section.

Added by Laws 1990, c. 285, § 2, operative July 1, 1990.

§17-139.101.  Short title.

Sections 139.101 through 139.109 and Section 3 of this act shall be known and may be cited as the "Oklahoma Telecommunications Act of 1997".

Added by Laws 1997, c. 408, § 1, eff. July 1, 1997.  Amended by Laws 2002, c. 80, § 1, eff. July 1, 2002.

§17-139.102.  Definitions.

As used in the Oklahoma Telecommunications Act of 1997:

1.  "Access line" means the facility provided and maintained by a telecommunications service provider which permits access to or from the public switched network;

2.  "Commission" means the Corporation Commission of this state;

3.  "Competitive local exchange carrier" or "CLEC" means, with respect to an area or exchange, a telecommunications service provider that is certificated by the Commission to provide local exchange services in that area or exchange within the state after July 1, 1995;

4.  "Competitively neutral" means not advantaging or favoring one person over another;

5.  "End User Common Line Charge" means the flat-rate monthly interstate access charge required by the Federal Communications Commission that contributes to the cost of local service;

6.  "Enhanced service" means a service that is delivered over communications transmission facilities and that uses computer processing applications to:

a. change the content, format, code, or protocol of transmitted information,

b. provide the customer new or restructured information, or

c. involve end-user interaction with information stored in a computer;

7.  "Exchange" means a geographic area established by an incumbent local exchange telecommunications provider as filed with or approved by the Commission for the administration of local telecommunications service in a specified area which usually embraces a city, town, or village and its environs and which may consist of one or more central offices together with associated plant used in furnishing telecommunications service in that area;

8.  "Facilities" means all the plant and equipment of a telecommunications service provider, including all tangible and intangible real and personal property without limitation, and any and all means and instrumentalities in any manner owned, operated, leased, licensed, used, controlled, furnished, or supplied for, by, or in connection with the regulated business of any telecommunications service provider;

9.  "High speed Internet access service" or "broadband service" means, as used in Section 3 of this act, those services and underlying facilities that provide upstream, from customer to provider, or downstream, from provider to customer, transmission to or from the Internet in excess of one hundred fifty (150) kilobits per second, regardless of the technology or medium used including, but not limited to, wireless, copper wire, fiber optic cable, or coaxial cable, to provide such service;

10.  "Incumbent local exchange telecommunications service provider" or "ILEC" means, with respect to an area or exchanges, any telecommunications service provider furnishing local exchange service in such area or exchanges within this state on July 1, 1995, pursuant to a certificate of convenience and necessity or grandfathered authority;

11.  "Interexchange telecommunications carrier" or "IXC" means any person, firm, partnership, corporation or other entity, except an incumbent local exchange telecommunications service provider, engaged in furnishing regulated interexchange telecommunications services under the jurisdiction of the Commission;

12.  "Internet" means the international research-oriented network comprised of business, government, academic and other networks;

13.  "Local exchange telecommunications service" means a regulated switched or dedicated telecommunications service which originates and terminates within an exchange or an exchange service territory.  Local exchange telecommunications service may be terminated by a telecommunications service provider other than the telecommunications service provider on whose network the call originated.  The local exchange service territory defined in the originating provider's tariff shall determine whether the call is local exchange service;

14.  "Local exchange telecommunications service provider" means a company holding a certificate of convenience and necessity from the Commission to provide local exchange telecommunications service;

15.  "Not-for-profit hospital" means:

a. a hospital established as exempt from taxation pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), or

b. a not-for-profit hospital owned by a municipality, county, or the state,

that is primarily funded by county, state, or federal support, located in this state, and devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care of patients admitted overnight or longer in order to obtain medical care, surgical care, or obstetrical care;

16.  "Oklahoma High Cost Fund" means the fund established by the Commission in Cause Nos. PUD 950000117 and 950000119;

17.  "Oklahoma Lifeline Fund" means the fund established and required to be implemented by the Commission pursuant to Section 139.105 of this title;

18.  "Oklahoma Universal Service Fund" means the fund established and required to be implemented by the Commission pursuant to Section 139.106 of this title;

19.  "Person" means any individual, partnership, association, corporation, governmental entity, public or private organization of any character, or any other entity;

20.  "Primary universal service" means an access line and dial tone provided to the premises of residential or business customers which provides access to other lines for the transmission of two-way switched or dedicated communication in the local calling area without additional, usage-sensitive charges, including:

a. a primary directory listing,

b. dual-tone multifrequency signaling,

c. access to operator services,

d. access to directory assistance services,

e. access to telecommunications relay services for the deaf or hard-of-hearing,

f. access to nine-one-one service where provided by a local governmental authority or multijurisdictional authority, and

g. access to interexchange long distance services;

21.  "Public library" means a library or library system that is freely open to all persons under identical conditions and which is supported in whole or in part by public funds.  Public library shall not include libraries operated as part of any university, college, school museum, the Oklahoma Historical Society or county law libraries;

22.  "Public school" means all free schools supported by public taxation, and shall include grades kindergarten through twelve;

23.  "Regulated telecommunications service" means the offering of telecommunications for a fee directly to the public where the rates for such service are regulated by the Commission.  Regulated telecommunications service does not include the provision of nontelecommunications services, including, but not limited to, the printing, distribution, or sale of advertising in telephone directories, maintenance of inside wire, customer premises equipment, and billing and collection service, nor does it include the provision of wireless telephone service, enhanced service, and other unregulated services, including services not under the jurisdiction of the Commission, and services determined by the Commission to be competitive;

24.  "Special Universal Services" means the telecommunications services supported by the OUSF which are furnished to public schools, public libraries, not-for-profit hospitals and county seats as provided for in Section 139.109 of this title;

25.  "Tariff" means all or any part of the body of rates, tolls, charges, classifications, and terms and conditions of service relating to regulated services offered, the conditions under which offered, and the charges therefor, which have been filed with the Commission and have become effective;

26.  "Telecommunications" means the transmission, between or among points specified by the user, of voice or data information of the user's choosing, without change in the form or content of the information as sent and received;

27.  "Telecommunications carrier" means a person that provides telecommunications service in this state;

28.  "Telecommunications service" means the offering of telecommunications for a fee;

29.  "Universal service area" has the same meaning as the term "service area" as defined in 47 U.S.C., Section 214(e)(5); and

30.  "Wire center" means a geographic area normally served by a central office.

Added by Laws 1997, c. 408, § 2, eff. July 1, 1997.  Amended by Laws 1998, c. 246, § 9, eff. Nov. 1, 1998; Laws 2001, c. 98, § 1, emerg. eff. April 16, 2001; Laws 2002, c. 80, § 2, eff. July 1, 2002.

§17-139.103.  Commission approval of changes in regulated telecommunications service rates required - Charges for basic local exchange service rates limited - Application and effect of act - Alternative form of regulation - Enforcement of quality of service standards - Jurisdiction over access services and rates.

A.  Except as provided as follows, no company shall increase or decrease any regulated telecommunications service rate without approval of the Corporation Commission, consistent with Commission rules.  The Commission shall promulgate rules, to be effective no later than January 1, 1999, eliminating any regulatory disparities between the CLECs and ILECs with respect to the process of reviewing and approving tariffs.

B.  Unless approved by the Legislature, no local exchange telecommunications service provider may charge a basic local exchange service rate that exceeds a basic local exchange service rate previously approved by the Commission and in effect on March 20, 1997, unless the local exchange telecommunications service provider is regulated under traditional rate base, rate of return regulation.  Provided, companies serving less than fifteen percent (15%) of the total access lines in the state or which are subject to subsection B of Section 137 of this title may adjust local exchange rates in the manner provided for in subsection B of Section 137 of this title.

C.  Nothing in this act shall be construed as modifying, affecting, or nullifying the responsibilities of the Commission or any telecommunications carrier as required pursuant to the National Labor Relations Act, the Communications Act of 1934 as amended by the Telecommunications Act of 1996, or the provisions relating to refund liability for overcharges pursuant to Section 121 et seq. of this title.

D.  Except as otherwise provided for in this subsection, nothing in this act shall be construed as abrogating any rate case settlement agreement approved by the Corporation Commission prior to the effective date of this act.  With respect to local exchange telecommunications service providers serving fifteen percent (15%) or more of the access lines in the state:

1.  The company shall not request and the Commission shall not approve an increase in basic local exchange service rates before February 5, 2001;

2.  The Commission shall not initiate or conduct a traditional rate base, rate of return or earnings proceeding for any such company before February 5, 2001, unless such company proposes and the Commission approves an increase in a service rate that results in an increase in overall revenues of more than five percent (5%) on an annual basis for that company, excluding rate changes made pursuant to subsection E of Section 139.106 of this title and rate changes required or authorized by federal or state law, rules, orders or policies;

3.  Notwithstanding any other provision of this act, no later than July 15, 1997, each such company shall submit to the Commission, and the Commission shall approve tariff changes reducing the intrastate access rates of that company by an amount necessary to generate a reduction in the annual intrastate access revenues of that company of Five Million Dollars ($5,000,000.00).  The company may seek recovery from the OUSF of only that portion of the annual five-million-dollar revenue reduction taken as directed in this paragraph that exceeds that amount necessary to achieve parity with the interstate access rates of that company in effect on May 30, 1997.  Thereafter the Commission shall continue to adjust the intrastate access rates of such company as necessary to keep such rates in parity with the interstate access rates of that company, until the intrastate access revenues of that company have been reduced by a cumulative annual amount of Eleven Million Five Hundred Thousand Dollars ($11,500,000.00), in addition to the five-million-dollar annual reduction taken as directed in this paragraph.  The company may seek recovery of all or part of the eleven-million-five-hundred-thousand-dollar annual revenue reduction from the OUSF.