An Act
ENROLLED HOUSE
BILL NO. 2090 By: McCall of the House
and
Leewright of the Senate
An Act relating to telecommunications; amending 17
O.S. 2011, Section 139.102, as last amended by
Section 3, Chapter 270, O.S.L. 2016 (17 O.S. Supp.
2020, Section 139.102), which relates to the Oklahoma
Telecommunications Act of 1997; modifying
definitions; defining terms; amending Section 3,
Chapter 165, O.S.L. 2020, as amended by Section 1,
Chapter 167, O.S.L. 2020 (17 O.S. Supp. 2020, Section
139.202), which relat es to the Rural Broadband
Expansion Council; expanding number of Council
members; modifying qualification of certain
appointment; adding appointees with certain
expertise; allowing legislators to have chair or co -
chair position; requiring Council to develo p
guidelines for broadband incentive awards by certain
date; requiring submission of guidelines to certain
members of the Oklahoma Legislature; stating content
guidelines shall encompass; and declaring an
emergency.
SUBJECT: Telecommunications
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2011, Section 139.102, as
last amended by Section 3, Chapter 270, O.S.L. 2016 (17 O.S. Supp.
2020, Section 139.102), is amended to read as follows:
Section 139.102 As used in the Oklahoma Telecommunications Act
of 1997:
1. "Access line" means the facilities provided and maintained
by a telecommunications service provider which permit access to or ENR. H. B. NO. 2090 Page 2
from the public switched network or its functional equi valent
regardless of the technology or medium used;
2. "Administrative process" means an administrative application
process which allows eligible local exchange telecommunications
providers and eligible providers to request funding and an
administrative submission process that allows Oklahoma Universal
Service Fund Beneficiaries to submit a preapproval request directly
with the Administrator. Both of the administrative processes shall
not require an order from the Commission to determine eligibility
for, allocate or disburse funds unless a request for reconsideration
is filed;
3. "Administrator" means the Director of the Public Utility
Division of the Corporation Commission;
4. "Broadband", as used in Section 139.202 of this title, means
those services and underlying facilities that provide access to and
from the Internet of continuous speeds of at least twenty -five (25)
megabits per second (Mbps) downstream, from the provider to the
customer, and continuous speeds of at least three (3) megabits per
second (Mbps) upstream, from the customer to the provider, using
fixed, terrestrial facilities, including, but not limited to,
wireless, copper wire, fiber optic cable, or coaxial cable, to
provide such service. The minimum Internet speeds listed in this
paragraph shall be subject to change or update when , or if, the
Federal Communications Commission makes new rulings related to its
definition of broadband;
5. "Commission" means the Corporation Commission of this state;
5. 6. "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;
6. 7. "Competitively neutral" means not advantaging or favoring
one person or technology over another;
7. 8. "Consortium" means, as used in Section 6 139.109.1 of
this act title, two or more Oklahoma Universal Service Fund
Beneficiaries that choose to request support und er the Federal
Universal Service Support Mechanism or successor program or programs
as a single entity; ENR. H. B. NO. 2090 Page 3
8. 9. "Contributing providers" means providers, including but
not limited to providers of intrastate telecommunications, providers
of intrastate telecommunications for a fee on a non -common-carrier
basis, providers of wireless telephone service and providers of
interconnected Voice over Internet Protocol (VoIP). Contributing
providers shall contribute to the Oklahoma Universal Service Fund
and Oklahoma Lifeline Fund. VoIP providers shall be assessed only
as provided for in the decision of the Federal Communications
Commission, FCC 10-185, released November 5, 2010, or such other
assessment methodology that is not inconsistent with federal law.
Entities exempt from contributing to the Federal Universal Service
Support Mechanisms are also exempt from contributing to the Oklahoma
Universal Service Fund and Oklahoma Lifeline Fund consistent with 47
C.F.R., Section 54.706(d). The term "contributing provide rs" may be
modified to conform to the definition of contributors as defined by
the FCC if adopted by the Commission, after notice and hearing;
9. 10. "Eligible entity" means any terrestrial Internet service
provider willing to go into unserved or underse rved areas, as
determined by the Broadband Expansion Council mapping. The eligible
entity shall provide at least the minimum broadband speeds pursuant
to paragraph 4 of this section ;
11. "Eligible healthcare health care entity" means a not-for-
profit hospital, county health department, city -county health
department, not-for-profit mental health and substance abuse
facility or Federally Qualified Health Center in Oklahoma. Eligible
healthcare health care entity shall also include telemedicine
services provided by the Oklahoma Department of Corrections at
facilities identified in Section 509 of Title 57 of the Oklahoma
Statutes;
10. 12. "Eligible local exchange telecommunications service
provider" means ILEC, CLEC and commercial radio mobile service
provider as those terms are used in the Oklahoma Telecommunications
Act of 1997;
11. 13. "Eligible provider" means, for purposes of Special
Universal Services, providers of telecommunications services which
hold a certificate of convenience and necessity and OneNet;
12. 14. "End User Common Line Charge" means the flat -rate
monthly interstate access charge required by the Federal ENR. H. B. NO. 2090 Page 4
Communications Commission that contributes to the cost of local
service;
13. 15. "Enhanced service" means a service that is deli vered
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;
14. 16. "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;
15. 17. "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 business of any telecommunications service
provider;
16. 18. "Federally Qualified Health Center" or "(FQHC)" means
an entity which:
a. is receiving a grant under Se ction 330 of the Public
Health Service (PHS) Act, 42 U.S.C., Section 254b, or
is receiving funding from a grant under a contract
with the recipient of such a grant and meets the
requirements to receive a grant under Section 330 of
the PHS Act,
b. based on the recommendation of the Health Resources
and Services Administration within the Public Health
Service, is determined by the Secretary of the ENR. H. B. NO. 2090 Page 5
Department of Health and Human Services to meet the
requirements for receiving a grant as described in
subparagraph a of this paragraph,
c. was treated by the Secretary of the Department of
Health and Human Services, for purposes of part B of
Section 330 of the PHS Act, as a comprehensive
federally funded health center as of January 1, 1990,
or
d. is an outpatient health program or facility operated
by a tribe or tribal organization under the Indian
Self-Determination Act, 25 U.S.C., Section 450f et
seq., or by an urban Indian organization receiving
funds under Title V of the Indian Health Care
Improvement Act, 25 U.S.C., Section 1651 et seq.;
17. 19. "Federal Universal Service Support Mechanism" is the
support program established by the Telecommunications Act of 1996,
47 U.S.C., Section 254(h). The program includes support for
schools, libraries and healthcare health care providers;
18. 20. "Funding year" means, for purposes of administering the
Oklahoma Universal Service Fund, the period of July 1 through June
30;
19. 21. "High speed Internet access service" or "broadband
service" means, as used in Section 139.110 139.202 of this title,
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 or at a constant download speed of twenty -
five (25) megabits per second (Mbps) and in excess of or at a
constant upload speed of three (3) megabits per second (Mbps) ,
regardless of the technology or medium used , including, but not
limited to, wireless, co pper wire, fiber optic cable, or coaxial
cable, to provide such service;
20. 22. "Hospital" means a healthcare health care entity that
has been granted a license as a hospital by the Oklahoma State
Department of Health for that particular location;
21. 23. "Incumbent local exchange telecommunications service
provider" or "ILEC" means, with respect to an area or exchanges, any
telecommunications service provider furnishing local exchange ENR. H. B. NO. 2090 Page 6
service in such area or exchanges within this state on July 1, 1995 ,
pursuant to a certificate of convenience and necessity or
grandfathered authority;
22. 24. "Installation charge" means any charge for a
nonrecurring service charged by an eligible provider necessary to
initiate Special Universal Services. Installation charges may not
exceed the cost which would be charged for installation, if the cost
were not being paid for by the OUSF;
23. 25. "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;
24. 26. "Internet" means the international research -oriented
network comprised of business, government, academic and other
networks;
25. 27. "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;
26. 28. "Local exchange telecommunications service provider"
means a company holding a certificate of convenience and necessity
from the Commission to provide local exchange telecommunications
service;
27. 29. "Not-for-profit hospital" means:
a. a hospital located in this state which has been
licensed as a hospital at that location pursuant to
Section 1-701 et seq. of Title 63 of the Oklahoma
Statutes for the diag nosis, treatment, or care of
patients in order to obtain medical care, surgical
care or obstetrical care and which is established as
exempt from taxation pursuant to the provisions of the ENR. H. B. NO. 2090 Page 7
Internal Revenue Code, 26 U.S.C., Section 501(c)(3),
or
b. a hospital located in this state which is licensed as
a hospital at that location pursuant to Section 1 -701
et seq. of Title 63 of the Oklahoma Statutes and is
owned by a municipality, county, the state or a public
trust for the diagnosis, treatment, or care of
patients in order to obtain medical care, surgical
care, or obstetrical care;
28. 30. "Not-for-profit mental health and substance abuse
facility" means a facility, not for the sole purpose of
administration, which is operated by the Department of Mental He alth
and Substance Abuse Services or a facility certified by the
Department of Mental Health and Substance Abuse Services as a
Community Mental Health Care Center, a Community -Based Structured
Crisis Center or a Community Comprehensive Addiction Recovery
Center;
29. 31. "Oklahoma High Cost Fund" means the fund established by
the Commission in Cause Nos. PUD 950000117 and 950000119;
30. 32. "Oklahoma Lifeline Fund" or "(OLF)" means the fund
established and required to be implemented by the Commission
pursuant to Section 139.105 of this title;
31. 33. "Oklahoma Universal Service Fund" or "(OUSF)" means the
fund established and required to be implemented by the Commission
pursuant to Section 139.106 of this title;
32. 34. "Oklahoma Universal Service Fun d Beneficiary" means an
entity eligible to receive Special Universal Services support as
provided for in subsection A of Section 6 139.109.1 of this act
title;
33. 35. "Prediscount amount" means the total cost of Special
Universal Services, selected purs uant to the procedures set out in
subparagraph paragraph 5 of subsection B of Section 6 139.109.1 of
this act title, before charges are reduced by federal or state
funding support. The prediscount amount shall not include fees or
taxes;
ENR. H. B. NO. 2090 Page 8
34. 36. "Person" means any individual, partnership,
association, corporation, governmental entity, public or private
organization of any character, or any other entity;
35. 37. "Primary universal service" means an access line and
dial tone provided to the premises of re sidential 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;
36. 38. "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;
37. 39. "Public school" means all free schools suppor ted by
public taxation, and shall include grades prekindergarten through
twelve and technology center schools that provide vocational and
technical instruction for high school students who attend the
technology center school on a tuition -free basis. Public school
shall not include private schools, home schools or virtual schools;
38. 40. "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 Co mmission.
Regulated telecommunications service does not include the provision ENR. H. B. NO. 2090 Page 9
of nontelecommunications services, including, but not limited to,
the printing, distribution, or sale of advertising in telephone
directories, maintenance of inside wire, custom er 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 dete rmined by the
Commission to be competitive;
41. "Served area" means an area or region with access to
broadband at or above a defined transmission speed threshold as
described in paragraph 4 of this section;
39. 42. "Special Universal Services" means th e
telecommunications services supported by the OUSF which are
furnished to public schools, public libraries and eligible health
care entities as provided for in Section 6 139.109.1 of this act
title;
40. 43. "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;
41. 44. "Telecommunications" means the transmission, between or
among points specified by the user, of information of the user's
choosing, without change in the form or content of the information
as sent and received;
42. 45. "Telecommunications carrier" means a person that
provides telecommunications service in this state;
43. 46. "Telecommunications service" means the offering of
telecommunications for a fee;
44. 47. "Telemedicine service" means the practice of health
care delivery, diagnosis, consultation and treatment, including but
not limited to the transfer of medical data or exchange of medical
education information by means of audio, video or data
communications. Telemedicine service shall not mean a consultation
provided by telephone or facsimile m achine;
45. 48. "Underserved area" means an area or region that has
Internet service at speeds higher than those that meet the ENR. H. B. NO. 2090 Page 10
definition of an unserved area, but lower than those service speeds
of high-speed Internet;
49. "Universal service area" has the same meaning as the term
"service area" as defined in 47 U.S.C., Section 214(e)(5);
46. 50. "Unserved area" means an area or region in which there
is not at least one provider of terrestrial broadband service that
is either:
a. offering a connectio n to the Internet, or
b. required, under the terms of the Federal Universal
Service Fund or other federal or state grant, to
provide a connection to the Internet;
51. "WAN" means a wide-area network that exists over a large -
scale geographical area. A W AN connects different smaller networks,
including local area networks and metro area networks, which ensures
that computers and users in one location can communicate with
computers and users in other locations;
47. 52. "Wire center" means a geographic ar ea normally served
by a central office; and
48. 53. "Wireless Internet service provider" or "WISP", as used
in Section 2 of this act, means a fixed wireless access provider
that uses point-to-point microwave or millimeter -wave links between
its towers for coverage extension and backhaul and point-to-
multipoint links from the towers to the customer premises; and
54. "Wireless telephone service" means radio communication
service carried on between mobile stations or receivers and land
stations and by mobi le stations communicating among themselves and
which permits a user generally to receive a call that originates or
terminates on the public switched network or its functional
equivalent regardless of the radio frequencies used.
SECTION 2. AMENDATORY Section 3, Chapter 165, O.S.L.
2020, as amended by Section 1, Chapter 167, O.S.L. 2020 (17 O.S.
Supp. 2020, Section 139.202), is amended to read as follows:
Section 139.202 A. There is hereby created the Rural Broadband
Expansion Council.
ENR. H. B. NO. 2090 Page 11
B. The Council shall consist of fourteen (14) sixteen (16)
persons to be selected as follows:
1. Three members shall be appointed by the Governor, one of
whom shall be a government official who has knowledge of and
experience with the technology assets and operations of the Oklahoma
Department of Transportation, OneNet and the Oklahoma Office of
Management and Enterprise Services and who is not and has not been
previously employed by OneNet, one of whom shall be a past or
present mayor of a municipality having a population of less than
twenty-five thousand (25,000) persons according to the latest
Federal Decennial Census or most recent population estimate and
which is not part of either the Oklahoma City or Tulsa Metropolitan
Statistical Area Areas, and one of whom shall be a representative of
a wireless telecommunications provider with operations in Oklahoma
and at least twenty-four other states;
2. Four Five members shall be appointed by the Speaker of the
Oklahoma House of Representatives, one of whom shall represent the
interests of rural Internet service providers, one of whom shall be
a private sector technology professional with expertise in broadband
connectivity, access, price and related economic factors, one of
whom shall represent the interests of rural health care, and one of
whom shall be a representative of a wireless telecommunications
provider not affiliated with an incumbent local exchange carrier in
Oklahoma and one of whom shall be a representative of a wireless
Internet service provider (WISP) as defined by Section 1 of this
act;
3. Four Five members shall be appointed by the President Pro
Tempore of the Oklahoma State Senate, one of whom shall be a
professional having academic expertise in large -scale information
technology infrastructure with emphasis on rural broadband access,
one of whom shall represent the interests of rural business
enterprises, one of whom shall be a citizen from a community of less
than fifty thousand (50,000) persons which is not part of either the
Oklahoma City or Tulsa Metropolitan Statistical Areas, and one of
whom shall be a rural electric cooperative representative , and one
of whom shall be a representative of a Native American tribe ;
4. One nonvoting member of the Oklahoma House of
Representatives to be appointed by the Speaker;
5. One nonvoting member of the Oklahoma State Senate to be
appointed by the President Pro Tempore; and ENR. H. B. NO. 2090 Page 12
6. One nonvoting member to be selected by the Oklahoma
Corporation Commission who has expertise in administration of the
Universal Service Fund, but who is not an elected member of the
Commission.
C. The Council shall hold an organizational meeting not later
than sixty (60) days from the effective date of this act and shall
select from its membership a chair and vi ce-chair or co-chairs. The
chair or co-chair of the Council shall be a person who is not a
government employee or public official , unless the person or persons
are legislators.
D. A quorum of the membership of the Council shall be necessary
in order to take any final action pursuant to the provisions of this
act.
E. The Council shall be subject to the Oklahoma Open Meeting
Act and the Oklahoma Open Records Act.
F. The Rural Broadband Expansion Council shall conduct a study
of rural broadband access i n the state and shall divide the state
into separate geographic areas based on the information it obtains
regarding existing capability for persons and businesses to access
broadband telecommunication services, the cost for obtaining the
services from existing service providers, the estimated costs for
improving rural broadband access, the likelihood of changes in rural
broadband access in the near and intermediate future based on
available information regarding private or public sector plans or
programs to create or enhance broadband access in rural areas, the
need for change in state or local law or policy that impacts the
ability for persons or business entities in rural areas to access
broadband services at a reasonable price and such other information
as the Council may determine to be relevant in order to establish
the geographic areas.
G. The Council shall incorporate the information as described
in subsection F of this section into a mapping system that depicts
resources, broadband coverage, connect ivity speeds and such other
features as the Council deems relevant.
H. The Council shall undertake a study of incentives or
programs that would have the effect of improving existing rural
broadband access and establishing broadband access to areas which
currently do not have such access. The incentives or programs may ENR. H. B. NO. 2090 Page 13
include federal funds, tribal funds or resources, donated funds or
funding available from foundations, endowments or similar sources,
state or local tax incentives, state or local financing incentives
or options or federal, tribal, state or local regulatory policies
that would be conducive to improving existing broadband access or
establishing such access where it does not currently exist.
I. The Council shall have the right to obtain info rmation from
the Oklahoma Corporation Commission or other state agencies, to the
extent information requested is not required to be kept confidential
pursuant to some other requirement, regarding any of the matters as
specified in this section relevant to the Council's duties.
J. The Council shall have the right to obtain information from
counties, cities, towns, school districts, career technology
districts, public trusts, or other entities or instrumentalities of
local government, to the extent informat ion requested is not
required to be kept confidential pursuant to some other requirement,
regarding any of the matters as specified in this section relevant
to the Council's duties.
K. The Council shall utilize the geographic areas it
establishes pursuant to this act in order to develop its
recommendations regarding the implementation of policies that are
conducive to establishing or improving rural broadband access in the
state.
L. The Council shall focus on the financial viability of
broadband service providers so that a broadband network is
adequately supported in its operations, that needed repairs and
upgrades can be undertaken on a timely basis and that the goal of
having a quality long -term broadband service delivery system for
rural areas is achieved and maintained.
M. The Council shall give emphasis to maintaining the viability
of the Oklahoma Universal Service Fund and give consideration to
whether similar universal funds should be implemented in order to
facilitate broadband expansion and ope rational costs for underserved
areas.
N. The Council shall give emphasis to the prevention of
duplication of facilities and investment when it makes policy
recommendations. The Council shall establish objective standards in
order to determine whether th e construction of rural broadband
access constitutes duplication of facilities and investment and also ENR. H. B. NO. 2090 Page 14
the role of any recommended incentives that would benefit entities
in the private sector so that public resources are effectively
utilized and that dupli cation of efforts is avoided.
O. The Oklahoma Department of Commerce shall create a dedicated
webpage or website in order to allow public access to the actions
and recommendations of the Council. The webpage or website shall
contain the mapping system r equired by subsection G of this section
and its related information.
P. The Oklahoma Department of Commerce shall provide
administrative support to the Council and shall utilize the Digital
Transformation Program Revolving Fund for expenses related to su ch
administrative support as provided by Section 36 of Title 62 of the
Oklahoma Statutes.
Q. The Rural Broadband Expansion Council shall submit an annual
report, not later than January 31, summarizing discussions,
testimony, analysis, information or othe r actions and significant
events during the preceding calendar year and containing the
recommendations, if any, by the Council for legislation, action by
executive branch agencies or other actions in furtherance of the
mission and duties of the Council. T he report shall be submitted to
the Governor, the Speaker of the Oklahoma House of Representatives
and the President Pro Tempore of the Oklahoma State Senate.
R. On or before October 31, 2021, the Council shall develop a
set of broadband incentive award guidelines for recommendation to
the State Legislature. The Council shall submit a copy of the
guidelines to the Speaker of the Oklahoma House of Representatives,
the President Pro Tempore of the Oklahoma State Senate, and to the
chairs of the appropriate legislative committees. The guidelines
shall:
1. Consider a weighted approach for awarding incentives based
upon the following:
a. the area's need for services, including, but not
limited to, whether the area is underserved, unserved,
rural or urban,
b. whether there are existing broadband assets in the
area, based on the statewide map,
ENR. H. B. NO. 2090 Page 15
c. whether existing federal, state, local, tribal or
private resources have been allocated to broadband
services in the area,
d. a preference for federal, state, l ocal, tribal or
private partnerships, and
e. the capacity of the provider to maintain assets for an
extended period of time; and
2. Recommend any necessary controls including, but not limited
to, capping the dollar amount of awards, allowing for an audi ting
process, and a process that allows for award clawbacks. These
controls shall be in place to ensure the maximum efficiency of the
incentive award and to protect against waste, fraud or abuse.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 2090 Page 16
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 19th day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: ____________________________ _____