View
5
Download
0
Category
Preview:
Citation preview
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 Page 1
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
Comments of Oklahoma Public School Districts 11/18/2014
Oklahoma Corporation Commission - Cause No. RM 201400006 Page 2
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
Comments of Oklahoma Public School Districts 11/18/2014
Oklahoma Corporation Commission - Cause No. RM 201400006 Page 3
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 Page 4
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 Page 5
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
Comments of Oklahoma Public School Districts 11/18/2014
Oklahoma Corporation Commission - Cause No. RM 201400006 Page 6
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
Comments of Oklahoma Public School Districts 11/18/2014
Oklahoma Corporation Commission - Cause No. RM 201400006 Page 7
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
Comments of Oklahoma Public School Districts 11/18/2014
Oklahoma Corporation Commission - Cause No. RM 201400006 Page 8
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
Director of Technology
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
Comments of Oklahoma Public School Districts 11/18/2014
Oklahoma Corporation Commission - Cause No. RM 201400006 Page 9
Monica Partain
Technology Coordinator
Calera Public School
Calera, OK
Gerald Parks
Superintendent
Calera Public School
Calera, OK
Rick Hatfield
Superintendent of Schools
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
Director of Technology
Durant ISD
Durant, OK
Larry Bennett
cro Durant ISD
Durant, OK
Duane Merideth
Superintendent of Schools
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
Comments of Oklahoma Public School Districts 11/18/2014
Oklahoma Corporation Commission - Cause No. RM 201400006 Page 10
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
Comments of Oklahoma Public School Districts 11/18/2014
Oklahoma Corporation Commission - Cause No. RM 201400006 Page 11
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
b.wreath@occemail.com
Elizabeth Cates
Deputy General Counsel
Oklahoma Corporation Commission
P.O. Box 52000
Oklahoma City, OK 73105
e.cates@occemail.com
Jerry J. Sanger
Tess J. Hager
Assistant Attorneys' General
Office of the Atttorney General, State of OK
313 NE 21St Street
Oklahoma City, OK 73105
tessa.hager@aog.ok.gov
Jerry.Sanger@aog.ok.gov
John W. Gray
General Attorney
AT&T Services Inc.
405 N. Broadway, Room 203
Oklahoma City, OK 73102
ig1989@att.com
Kimberly Prigmore
Assistant General Counsel
Oklahoma Corporation Commission
P.O. Box 52000
Oklahoma City, OK 73105
k.prigmore@occemail.com
Maribeth Snapp
Telecommunications Policy Director
Oklahoma Corporation Commission
P.O. Box 52000
Oklahoma City, OK 73105
rn.snapp@occemail.com
Kim Argenbright
2504 N.W. 68th St.
Oklahoma City, OK 73116
kim@aktelcolaw.com
Marc Edwards
Jeffery M. Riles Jr.
Philips Murrah, P.C.
Corporate Tower I Thirteenth Floor
101 N. Robinson Ave.
Oklahoma City, Oklahoma 73102
medwards@phillipsmurrah.com
imriles@phillipsmurrah.com
Commentes of Oklahoma Public School Districts
Oklahoma Corporation Commission - Cause No. RM 2001400006 Page 12
Ron Comingdeer
Kendall W. Parrish
Ron Comingdeer & Associates
6011 N. Robinson
Oklahoma City, OK 73118
huntercomingdeerlaw.com
kparrish@comingdeerlaw.com
Mark Argen bright
Maura Shortt
Oklahoma Corporation Commission
P0 Box 52000
Oklahoma City, OK 73152-2000
rn.argenbright@occemail.com m.shortt@occemail.com
David Jacobson
Jacobson & Laasch
212 East Second Street
Edmond, OK 73034
jdj788@aol.com
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
mthompokc@aol.com
Jack G. Clark, Jr.
Clark, Stakem, Wood & Patten, PC
101 Park Avenue, Suite 400
Oklahoma City, OK 73102
cclark@cswp-law.com
J. Fred Gist, Esq.
Jennifer H. Castillo
Hall, Estill, Hardwick, Gable, Golden &
Nelson, P.C.
100 N. Broadway, Suite 2900
Oklahoma City, OK 73102
fgist@hallestill.com
jcastillo@hallestill.com
Cody B. Waddell, Attorney
Cody B. Waddell, P.C.
19 N.E. 50th Street
Oklahoma City, OK 73105
codwad@aol.com
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 Page 13
Recommended