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ENGROSSED HOUSE
BILL NO. 2928 By: McCall of the House
and
Leewright of the Senate
An Act relating to rural broadband; requiring private
broadband service providers and certain satellite-
based broadband private providers to submit map data
by certain date; requiring certain supplemental map
data submission by certain date; authorizing the
promulgation of certain rules ; requiring certain
public entities to submit certain map data in certain
form annually; requiring private providers and public
entities to disclose certain information on
properties served and speeds of I nternet service;
allowing for process to correct map inaccuracies;
providing that certain information remain
confidential; requiring the Rural Broadband Expansion
Council to determine data submission format;
excepting certain information from disclosure;
requiring third party to collect data; requiring data
be submitted by certain process; requiring Oklahoma
Department of Commerce and the Council to annually
update certain map using data collected; stating map
requirements; allowing for certain annual evaluation;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 139.203 of Title 17, unless
there is created a duplication in numbering, reads as follows:
A. On or before October 31, 2021, and annually thereafter , in
accordance with the FCC Data Collection and Met hodology, private
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broadband service providers operating in this state and satellite-
based broadband private providers that have been designated as an
eligible telecommunications car rier pursuant to 47 U.S.C., Section
214(e)(6) for any portion of Oklahoma , hereinafter referred to as
"private providers", shall submit to the Oklahoma Department of
Commerce and the Rural Broadband Expansion Council the broadband
network area coverage map data the private provider s are required to
submit to the Federal Communica tions Commission pursuant to the
federal Broadband Deployment Accuracy and Technologic al Availability
Act, 47 U.S.C., Section 641 et seq. The map data shall be updated
annually through a supplemental submission by the private providers
that reflects changes in area coverage from the preceding year. The
Department is authorized to promulgate rules for the collection of
the broadband network area coverage map reports from the private
providers.
B. On or before October 31 of each year, OneNet, the Office of
Management and Enterprise Services and the Oklahoma Department of
Transportation, hereinafter referred to as "public entities", shall
submit to the Oklahoma Department of Commerce and the Rural
Broadband Expansion Council broadband network area coverage m ap data
of all assets and network coverage in the format requested by the
Oklahoma Department of Commerce and Council.
C. Private providers and public entities shall disclose to the
Oklahoma Department of Commerce and the Rural Broadband Expansion
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Council the properties they serve and the maximum advertised
download and upload speeds at which they provide any Internet
services to those properties, and shall be afforded by the Oklahoma
Department of Commerce and the Council a process to petition for
correction of potential inaccuracies in the map.
D. The reports and information required to be disclosed
pursuant to this section by private providers shall remain
confidential pursuant to Section 24A.10 of Title 51 of the Oklahoma
Statutes. The Council shall d etermine the required submission
format of the data submitted under the provisions of this act . In
no instance shall private providers be required to submit any data,
in substantive content or form or schedule, beyond or in advance of
the data described i n subsection A of this section, or any data
containing customer inform ation, such as names, addresses or account
numbers. The Department shall use a third party to collect the data
submitted by private providers under the provisions of this act.
The third party shall deliver data to the Department following a
white label process to remove information identifying specific
providers.
E. On or before December 1 of each year, the Department and the
Council shall update the map required by subsection G of Section
139.202 of Title 17 of the Oklahoma Statutes using the data
collected under the provisions of this act in a manner that
identifies the assets and service areas of the public entities while
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displaying anonymized information, without reference to any sp ecific
private provider, of the assets and service areas of private
providers.
F. After the FCC completes the national Broadband Serviceable
Location Fabric and accompanying National Broadband Availability
Map, the Rural Broadband Expansion Council shall annually evaluate
whether the State of Oklahoma needs to continue producing an
annually updated statewide broadband map in accordance with the
provisions of this section.
SECTION 2. 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.
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate