1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) HOUSE BILL 3181 By: Phillips AS INTRODUCED An Act relating to rural broadband; amending 17 O.S. 2021, Section 139.203, which relates to requiring submission of map data by public and private entities; striking language creating pri vate submission requirements; eliminating language requiring certain evaluations by the R ural Broadband Expansion Council; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA: SECTION 1. AMENDATORY 17 O.S. 2021, Section 139.203, is amended to read as follows : Section 139.203 A. On or before October 31, 2021, and annually thereafter, in accordance with the FCC Data Collection and Methodology, private broadband service providers operating i n this state and satellite-based broadband private providers that hav e been designated as an eligible telecommunications carrier pursuant to 47 U.S.C., Section 214(e)(6) for any portion of Oklahoma, here inafter referred to as "private providers", shall submit to the Oklahoma Department of Commerce and the Rural Broadband Ex pansion Council the broadband network area coverage map data the private providers are required to submit to the Federal Communication s Commission pursuant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to the federal Broadband Deploy ment Accuracy and Technological Availability Act, 47 U.S.C., Section 641 et seq. The map da ta shall be updated annually through a supplemental submission by the private providers that reflects changes i n area coverage from the preceding year. The Department is authorized to pro mulgate rules for the collection of the broad band network area cover age map reports from the private providers. B. A. On or before October 31 of each year, OneNet, the Office of Management and Enterprise Services and the Oklahoma D epartment 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 ma p data of all assets and network coverage in the form at requested by the Oklahoma Department of Commerce and the Council. C. Private providers and p ublic entities shall disclose to the Oklahoma Department of Commerce and the Rural Broadband Expansion Council the properties they serve and the maximum adverti sed 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 require d to be disclosed pursuant to this section by private providers shall remain confidential pursuant to Section 24A.10 of Title 51 of the Oklahoma 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Statutes. The Council shal l determine the required submission format of the data submitted under the provision s of this act. In no instance shall private providers be require d to submit any data, in substantive content or form or schedule, beyond or in advance of the data described in subsection A of this section, or any data containing customer information, 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 follo wing a white label process to r emove information identifying specific providers. E. B. On or before December 1 of each year, the Department Department of Commerce and the Council shall update the map re quired by subsection G of Section 139.202 of Title 17 of the Oklahoma Statutes this title using the data collected under the provisions of this act in a manner that i dentifies the assets and service areas of the public entities while displaying anonymized information, without reference to any specific privat e provider, of the assets a nd service areas of private providers. F. After the FCC completes the national Broadb and Serviceable Location Fabric and accompanying National Broadband Availability Map, the Rural Broadband Expansion Council shall annually eval uate whether the State of O klahoma needs to continue producing an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 annually updated statewide broadband map in acc ordance with the provisions of this section. SECTION 2. This act shall be come effective November 1, 2022. 58-2-8577 MJ 12/07/21