Oklahoma 2022 Regular Session

Oklahoma House Bill HB2928 Latest Draft

Bill / Enrolled Version Filed 04/22/2021

                            An Act 
ENROLLED HOUSE 
BILL NO. 2928 	By: McCall and Dollens of the 
House   
 
  and 
 
  Leewright and Bergstrom of 
the Senate 
 
 
 
 
 
 
An Act relating to rural broadband; requiring private 
broadband service providers and certain satellite-
based broadband private provid ers 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 E xpansion 
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 annuall y 
update certain map using data collected; stating map 
requirements; allowing for certain annual evaluation; 
providing for codification; and declaring an 
emergency. 
 
 
 
 
SUBJECT: Rural broadband 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
  ENR. H. B. NO. 2928 	Page 2 
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 thereaf ter, in 
accordance with the FCC Data Collection and Methodology , private 
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 pr oviders are required to 
submit to the Federal Communications 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 map 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 
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 determine 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  ENR. H. B. NO. 2928 	Page 3 
the data described in 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 
displaying anonymized information, without reference to any specific 
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.  ENR. H. B. NO. 2928 	Page 4 
Passed the House of Representatives the 9th day of March, 2021. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 21st day of April, 2021. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Go vernor 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: _________________________________