before the corporation · before the corporation commissijj of cd.q2o11 in the matter of a...

ILE BEFORE THE CORPORATION COMMISSIJJ OF cD.Q2O11

IN THE MATTER OF A PERMANENT

RULEMAKING OF THE OKLAHOMA

CORPORATION COMMISSION AMENDING

OAC 165:59, OKLAHOMA UNIVERSAL

SERVICE

COURT CLERK'S OFFICE - OKC CORPORATION COMMISSION

OF OKLAHOMA CAUSE NO. RM 201400006

COMMENTS ON BEHALF OF OKLAHOMA PUBLIC SCHOOL DISTRICTS

Introduction:

Greg Kasbaum, Executive Director, Oklahoma Technology Association representing school

districts across the state in their endeavor to integrate instructional technology and Cohn

Webb, Director of Technology, Noble Public Schools, on behalf the representatives of the

Oklahoma public school districts listed in Appendix A of this document, submits these

comments on the proposed rules dated November 12, 2014. We appreciate the opportunity to

provide input to ensure that any rule changes will continue to support the goals of Special

Universal Service in providing affordable access to online resources critical to the education of

students in Oklahoma's Public Schools. We believe that this is in the public interest.

Section 1.

We hold that the Public Utilities Division of the Corporation Commission has not been given the

statutory authority to adjudicate the selection process by which schools acquire internet and

wide-area-network services. Title 17 O.S. Sec 139.09 (C)(4) states:

Each public school building wherein classrooms are contained and each public library in the state shall, upon written request, receive one access line, free of charge, with the ability to connect to an Internet service provider at 1.5Mbps, in the most economically efficient manner for the carrier, or an equivalent dollar credit to be applied by the public school or public library toward similar services provided by the same carrier, for the purpose of accessing the Internet.

While 1.5 Mbps is woefully inadequate bandwidth for many public schools in Oklahoma, the

OUSF credit provides funding for the purpose of providing the technology necessary for

classroom instruction. This is a vital public interest. Reducing this credit in whole or in part

would be financially devastating for many school districts and would significantly negatively

impact instruction.

Furthermore, we believe that the statute states that the service is to be provided "in the most

economically efficient manner for the carrier." Therefore, the Corporation Commission does

Comments of Oklahoma Public School Districts 11/18/2014

Oklahoma Corporation Commission - Cause No. RM 201400006

not have statutory authority to reduce the funding requested below the T-1 credit for the

requesting service provider based on another service provider's bid who is not providing the

service. There is not a provision in the statute that will allow for using the pricing of a different

provider in determination of the T-1 credit.

Recommendation:

The statute shall remain unaltered. Schools shall receive, free of charge, a 1.5Mbps connection

to an internet service provider or an equivalent dollar credit to be applied by the public school

or public library.

Section 2.

Should the Public Utilities Division be imbued with the authority to oversee the selection

process by which schools acquire Internet access and wide-area-network services using OUSF

funds, several factors other than bid cost may impact bid selection and should be considered.

The standard of "reasonableness" is, at best, ambiguous. School districts need a degree of

continuity and certainty regarding the application and certification process.

For "reasonableness" to be undefined provides no guidance for a school district to conduct a

fair and open competitive bidding process for provider selection.

Recommendation:

The following factors shall be utilized to determine the "reasonableness" of the provider

selection. These factors include but are not limited to:

Price of service (primary factor)

Quality of service

Quality of support

Equipment cost

Installation cost

Human resource cost to district

Interruption of network functionality

Qualifications of service provider

Prior experience with service provider

Section 3.

The application and certification process currently practiced by the Public Utilities Division does

not conform to accepted standards of public school accounting or requirements by the Federal

E-rate Program. The application for Federal E-rate funds begins approximately nine months

before the beginning of the fiscal year. Thus, schools must have an application/approval

process for OUSF that provides for certification or adjustments that conform to that schedule.

Failure to do so risks eligibility for Federal E-rate funds for schools. Denial of Federal E-rate



funds would be catastrophic for most public schools. Operating in such a manner is not in the

public interest. A denial or reduction of funding by OUSF that occurs after the E-rate funding

process has concluded jeopardizes E-rate funding and may result in a demand for return of

funds from a school district by the E-rate program. Oklahoma taxpayers pay into the Federal

Universal Services Fund which supports the E-rate program, and Oklahoma's taxpayers rightly

expect Oklahoma public schools to pursue E-rate funding where qualified. Any action taken by

the Public Utilities Division that jeopardizes E-rate funding eligibility is not in the public interest.

Title 61 O.S. Section 136 regarding Public Building and Public Works, Public Competitive

Bidding Act of 1974, states the following:

§ 136. Conflicts with Federal Rules and Regulations - Laws Governing In the event any provision of this act conflicts with or is inconsistent in any manner with the

rules and regulations of any agency of the United States Government, which is providing all or

any portion of the funds used to finance any public construction contract, the rules and

regulations of said agency of the United States Government shall supersede and take

precedence over such portion or portions of this act in conflict or inconsistent therewith, it

being the intent of the Legislature to secure all of the benefits available to the people of the State of Oklahoma from federally assisted programs.

Even though the OUSF is under a separate Title of Oklahoma law, we believe the Corporation

Commission's recommended rule changes to impose a standard different than the competitive

bidding requirements of the FCC's E-rate program is inconsistent with the public interest of

Oklahomans to secure all of the benefits available to the people of the State of Oklahoma from

federally assisted programs.

Recommendation:

Align OUSF application and certification process with the bidding requirements and timeline

utilized by the Federal E-rate Program.

Certification by the Public Utilities Division shall be for a five year period providing that:

A. School District Building Count remains the same or less. Districts will submit in writing

any changes in building count.

B. Price deferential for service increases no more than 20% for similar service.

Conclusion:

It is imperative that Oklahoma public schools provide the best possible learning environment

for all students. That endeavor includes providing access to technology tools and applications

designed to enhance the teaching and learning process. The scarcity of instructional technology

funding is a growing challenge in Oklahoma. OUSF funding is indispensible in providing for the



education of children in Oklahoma Public Schools. We acknowledge the hard work and

attention the Oklahoma Corporation Commission has given to the Oklahoma Universal Services

Fund and understand the desire to protect the funding from misuse. The overwhelming

majority of public schools do not engage in practices that are intended to misuse the fund. We

appreciate your consideration and stand ready to participate in developing measurable

safeguards to ensure the proper use and preservation of the fund.

Respectfully Submitted,

d--, g <~ 4 ~ z ze Cohn Webb, M.Ed.

Director, Technology

Noble Public Schools

P0 Box 499, Noble, OK 73068

405.872.7800

-

G-tCjaum .Ed. Executive ector

Oklahoma Technology Association

P.O. Box 852076, Yukon, OK 73085

405.201.7368

Comments of Oklahoma Public School Districts 11/18/2014 Oklahoma Corporation Commission - Cause No. RM 201400006

APPENDIX A:

OKLAHOMA CORPORATION COMMISSION, CAUSE NO. RM 201400006

SCHOOL DISTRICTS IN SUPPORT OF COMMENTS SUBMITTED BY COhN WEBB

Geromy Schrick Executive Director of Technology Mustang Public Schools Mustang, Ok

Sean McDaniel Superintendent Mustang Public Schools Mustang, OK

Richard Wolff Director of Technology Kingston Public Schools Kingston, OK

Eric Hilemari Executive Director, IT Services Oklahoma City Public Schools Oklahoma City, OK

Cory Boggs Executive Director, IT Services Putnam City Schools 5401 NW 40th, Oklahoma City

Danny Chronister Technology Director Pawhuska Public Schools Pawhuska Ok

Robert Clark Director of Technology Claremore Public Schools Claremore, OK

Randy Witham Director of Technology Henryetta Public Schools Henryetta, OK

Dr. Robert Romines Superintendent Moore Public Schools Moore OK.

Tony Chauncey Director of Technology Elk City Public Schools Elk City, OK

Brian Sibert Technology Director Green Country Technology Center Okmulgee, OK

Dee Benson Director of Technology Guthrie Public Schools Guthrie, OK 73044

Kyle Reynolds Superintendent Woodward Public Schools Woodward, OK

Jun Kim Director of Technology Moore Public Schools Moore OK

Comments of Oklahoma Public School Districts 11/18/2014 Oklahoma Corporation Commission - Cause No. RM 201400006

Joe Slitzker Director of Business and Information Technology Sapulpa Public Schools Sapulpa, OK

Kevin Burr Superintendent Sapulpa Public Schools Sapulpa, OK

Mandy Godfrey Chief Information Officer Deer Creek Schools Edmond, OK

Todd Garrison Superintendent Lone Grove Public Schools Lone Grove, OK

Eric Sizemore Director of Instructional Technology Sallisaw Public Schools Sallisaw, OK

Scott Farmer Superintendent Sallisaw Public Schools Sallisaw, OK

Kellie Clark Technology Director Catoosa Public Schools Catoosa, OK.

Jason Baxter Director of Technology Lone Grove Public Schools Lone Grove, OK

Wesley Scott Director of Technology Chouteau-Mazie Public Schools Chouteau, Ok

Joshua Jauert Technology Director Wyandotte Public Schools Wyandotte, OK

Jason Johnson Director of Instructional Programs Pryor Public Schools Pryor, Oklahoma

Daryl McDaniel Director of Technology Western Heights Public Schools Oklahoma City, Oklahoma

Sharon Lakey District Technology Coordinator Mannford Public Schools Mannford, OK

Edward Aycock Technology Director Lone Star Public School Sapulpa, OK

Judy Bingham Technology Director Adair Public Schools Adair, OK

Corey White District Technology Coordinator Hobart Public Schools Hobart, OK



Dr. Kent Holbrook Superintendent Inola Public Schools lnola, OK

Jo Jennings Technology Director Holdenville Public Schools Holdenville, OK

Rick Ruckman Superintendent Copan Public School Copan, OK 74022

Jeff Lawrence Tech. Director Lowrey School Tahlequah, OK 74464

Mark Levings Technology Director Inola Public Schools Inola, OK 74036

Michael Blackburn Superintendent Stratford Public Schools Stratford, OK

Dr. Harold Hayes Superintendent Eldorado Public Schools Eldorado, Oklahoma

Bob Myers Information Systems Dir. Frontier Public Schools Red Rock, OK 746351

Danny Way Technology Director Wilson Public Schools Wilson, Oklahoma

Dawn Mowdy Director of Technology Okmulgee Public Schools Okmulgee, OK

Roger Hemphill Superintendent Haileyville Public Schools Haileyville, OK

Jeff Taylor Superintendent Pretty Water School Sapulpa, Ok

Donna Campo Superintendent Liberty Public Schools Mounds, OK

Bruce Chrz Superintendent Qua paw Public Schools Quapaw, Oklahoma

Troy Rhoads Technology Coordinator Cleveland Public Schools Cleveland, Oklahoma

Janet Grigg Director SeeWorth Academy Charter School Oklahoma City, OK



Rebecca Grotts Classroom Teacher and Technology Director Carney Public Schools Carney, OK

Cliff Johnson Superintendent Latta School Ada, OK

Debbie Lynch IT Director Latta School Ada, OK

Brian K. Crittenden Director of Technology Santa Fe South Schools Oklahoma City, OK

Rusty Carmichael Dean of Students/Tech. Director Grove Elementary School District Shawnee, OK

David R. Cobb Technology Director Seminole Public Schools Seminole, OK

Jason L. Midkiff Superintendent Greenville Schools Marietta, Ok

Melinda Fink Superintendent Osage School Pryor, Ok

Robbi Duncan IT Coordinator Osage School Pryor, OK

John Cox Superintendent Peggs School Peggs, OK

Steve Duncan IT Director Spavinaw School Spavinaw, OK

Christine Midgley Superintendent Spavinaw School Spavinaw, OK

Joey McBride Superintendent Milburn Public Schools Milburn, OK

Terrell Hurst Technology Director Sharon-Mutual Schools Mutual, OK

Susie Overturf Director of Information System Pontotoc Technology Center Ada, OK

Tracie Hale Superintendent Lone Star School Sapulpa, OK



Mark Abbott

Director of Technology

Byng School District

Ada, Oklahoma

Tom MacEntire

Technology Director

Silo Public Schools

Durant, Ok

Donna Anderson

Superintendent

Silo Public Schools

Durant, Ok

Derald Glover

Superintendent

Fort Gibson Schools

Fort Gibson, OK

Jason Wicks

Technology Director

Fort Gibson Schools

Fort Gibson, OK

Charlie McMahan

Superintendent

Okay Schools

Okay, 01<

Dale Austin

Technology Director

Okay Schools

Okay, OK

Tracy Sritairat

Technology Director

Colbert Public School

Colbert, OK

Terry Simpson


Sperry Public School

Sperry, OK

Brent Phelps

Superintendent

Fox Public Schools

Fox, OK

David Lassiter

Superintendent

Pontotoc Technology Center

Ada, OK

Wade Stafford

Superintendent

Hammon Public Schools

Hammon, OK

Dr. Brian Beagles

Superintendent

Sperry Public School

Sperry, OK

Raymond Cole

Superintendent

Wynnewood Public Schools

Wynnewood, OK

Ryan O'Connor

Technology Director

Vian Public Schools

Vian, OK

Victor Salcedo

Superintendent

Vian Public Schools

Vian, OK

Dr. Dixie Swearingen

Superintendent

Webbers Falls Public Schools

Webbers Falls, OK

Kevin Stacy

Superintendent of Schools

Oklahoma Union High School

South Coffeyville, OK



Monica Partain

Technology Coordinator

Calera Public School

Calera, OK

Gerald Parks

Superintendent

Calera Public School

Calera, OK

Rick Hatfield


Ringling Public Schools

Ringling, OK

Mike Wood

Superintendent

Drummond Public Schools

Drummond, OK

Craig McVay

Superintendent

El Reno Public Schools

El Reno, OK

Jeffery A. Herbel

Director of Information Technology

Enid Public Schools

Enid OK

Susan Stansberry

Associate Professor, Educational Tech

Oklahoma State University

Stillwater, OK

Jeanene Barnett

Superintendent

Bristow

Bristow, OK

Clayton Edwards

Superintendent

Stigler Public Schools

Stigler, OK

Stephanie Holt

Director of Secondary Education

McAlester Public Schools

McAlester, Oklahoma

Tony Thomas

Superintendent

Sauna Public Schools

Salina, OK

Andi Hudson


Durant ISD

Durant, OK

Larry Bennett

cro Durant ISD

Durant, OK

Duane Merideth


Durant lSD

Durant, OK

Larry Cochran

Faculty & Instructional Dev. Admin.

Oklahoma State University-Tulsa

Tulsa, Oklahoma

Beth Richert

Ed Tech Director

Clinton 1-99

Clinton, OK

Josh Sumrall

Superintendent

Coyle Public Schools

Coyle, Oklahoma

Joe A. McCulley

Superintendent

Hennessey Public School

Hennessey, OK



Terry Newton

Technology Director

Salina Public School

Salina, Oklahoma

Ned Williams

Superintendent

Pawnee Public Schools

Pawnee, OK 74058

Gayle Castle

Technology Director

Blanchard Schools

Blanchard, OK

Loretta Robinson

Superintendent

Miami Public Schools 1023

Miami, OK

H T Gee

Superintendent

Crescent Public Schools

Crescent, OK

Floyd Kirk

Superintendent

Allen Bowden Schools

Tulsa, OK

Michelle Tindle

Technology Director

McAlester Public Schools

McAlester, OK

Buddy Wood

Superintendent

Elk City Public Schools

Elk City, OK



CERTIFICATE OF MAILING

On this 3rd

day of December 2014, a true and correct copy of the foregoing Initial Comments of

the Oklahoma School Districts and the Oklahoma Technology Association was mailed electronically to:

Brandy L. Wreath

Director, Public Utility Division

Oklahoma Corporation Commission

P.O. Box 52000

Oklahoma City, OK 73105

[email protected]

Elizabeth Cates

Deputy General Counsel


P.O. Box 52000


[email protected]

Jerry J. Sanger

Tess J. Hager

Assistant Attorneys' General

Office of the Atttorney General, State of OK

313 NE 21St Street


[email protected]

[email protected]

John W. Gray

General Attorney

AT&T Services Inc.

405 N. Broadway, Room 203


[email protected]

Kimberly Prigmore

Assistant General Counsel


P.O. Box 52000


[email protected]

Maribeth Snapp

Telecommunications Policy Director


P.O. Box 52000


[email protected]

Kim Argenbright

2504 N.W. 68th St.


[email protected]

Marc Edwards

Jeffery M. Riles Jr.

Philips Murrah, P.C.

Corporate Tower I Thirteenth Floor

101 N. Robinson Ave.

Oklahoma City, Oklahoma 73102

[email protected]

[email protected]

Commentes of Oklahoma Public School Districts


Ron Comingdeer

Kendall W. Parrish

Ron Comingdeer & Associates

6011 N. Robinson


huntercomingdeerlaw.com

[email protected]

Mark Argen bright

Maura Shortt


P0 Box 52000

Oklahoma City, OK 73152-2000

[email protected] [email protected]

David Jacobson

Jacobson & Laasch

212 East Second Street

Edmond, OK 73034

[email protected]

Howard Siegel

VP of External & Regulatory Affairs

Logix Communications

201 Barton Springs Road, Suite 100

Austin, TX 78704

Howard.SiegelLogixCom.com

Nancy Thompson

P0 Box 18764

Oklahoma City, OK 73154-8764

[email protected]

Jack G. Clark, Jr.

Clark, Stakem, Wood & Patten, PC

101 Park Avenue, Suite 400


[email protected]

J. Fred Gist, Esq.

Jennifer H. Castillo

Hall, Estill, Hardwick, Gable, Golden &

Nelson, P.C.

100 N. Broadway, Suite 2900


[email protected]

[email protected]

Cody B. Waddell, Attorney

Cody B. Waddell, P.C.

19 N.E. 50th Street


[email protected]

Dallas E. Ferguson Williams Center Tower II

Two West 2nd St., Suite TOO

Tulsa, OK 74103-3117

dferguson©dsda.com

Cohn T. Webb

Commentes of Oklahoma Public School Districts Oklahoma Corporation Commission - Cause No. RM 2001400006

before the corporation · before the corporation commissijj of cd.q2o11 in the matter of a...

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