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ENGROSSED HOUSE
BILL NO. 3363 By: McCall, Boles, and Phillips
of the House
and
Treat of the Senate
An Act relating to broadband; amending 17 O.S. 2021,
Section 139.201, which relates to short title;
modifying short title of act; providing for Oklahoma
Broadband Expansion Act; defining terms; creating the
Broadband Governing Board; providing for termination
date; requiring oversight of Oklahoma Broadband
Office; providing for winding up of certain matters;
requiring submission of reports by Okla homa Broadband
Office; providing for membership of Broadband
Governing Board; providing for terms of office;
prohibiting appointment of persons with certain
affiliation; providing members to serve at pleasure
of appointing author ity; requiring organization al
meeting; providing for establishment of compensation
and qualifications for Executive Director;
authorizing meetings; providing for selection of
chair and vice-chair; authorizing special meetings;
providing for determination o f quorum; providing for
appointment of successors; providing for
applicability of Oklahoma Open Meeting Act and
Oklahoma Open Records Act; providing for selection of
executive director; providing for removal; requiring
administrative rules; requiring approval by Bo ard of
grant or incentive programs; requiring oversight of
budget; requiring Board to approve Statewide
Broadband Plan and updates; amending 17 O.S. 2021,
Section 139.202, which relates to a Rural Broadband
Expansion Council; providing for creation of
Broadband Expansion Council; providing for
termination of Council; providing for membership of
Council; modifying membership provisions; modifying
provisions related to organization of Council;
modifying provisions related to fully executed duties
and responsibilities of the Rural Broadband Expansion
Council; providing Council to serve as Advisory Board
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to the Oklahoma Broadband Office; providing for
advice and specifying scope of duties; modifying
certain duties of the Oklahoma Department of
Commerce; modifying provisions related to duties of
Rural Broadband Expansion Council; authorizing
administrative support from the Oklahoma Broadband
Office; creating Oklahoma Broadband Office; providing
for termination; providing for administrative
assistance from the Offi ce of Management and
Enterprise Services; providing for governance by
Broadband Governing Board; providing for advice by
Broadband Expansion Council; providing for Executive
Director; prescribing duties of the Executive
Director; requiring reports to the B roadband Council
and the Oklahoma Broadband Office; imposing duties on
the Oklahoma Broadband Office; requiring mapping
system; specifying content of mapping system;
requiring policies and regulations; providing for
establishment of protest process; prescr ibing
requirements of protest process; requiring study of
grants, incentives and programs related to broadband
access; requiring Statewide Broadband Plan;
prescribing content of Plan; requiring establishment
of Capital Projects Fund Grant Report; providing
deadline for submission; requiring cooperation with
the Joint Committee; authorizing administration of
grant funds; requiring Oklahoma Broadband Office to
develop certain guidelines; requiring submission of
guidelines to certain public officials; prescrib ing
requirements for guidelines; providing for controls;
providing for annual reporting requirements;
requiring certain governmental entities to provide
information to the Oklahoma Broadband Office;
requiring confidential treatment of information;
requiring analysis of duplicative programs; providing
for recommendations to the Office of Management and
Enterprise Services; providing exemptions; providing
for treatment of programs, personnel or assets within
The Oklahoma State System of Higher Education;
providing procedures based on absence of certain
resolution; prohibiting expenditure of designated
funds without authorization by the Oklahoma Broadband
Office; providing for establishment of State
Broadband Grant Program; prescribing requirements
related thereto; prohibiting duplicative grants;
providing for testing data usage; providing for
clawback provisions; defining term; creating the
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State Broadband Grant Program Revolving Fund;
providing for deposit and expenditures; amending 17
O.S. 2021, Section 139. 203, which relates to
submission of data related to maps; modifying
provisions related to reporting of information
related to broadband; providing for updates to
certain map data; modifying duties of Oklahoma
Corporation Commission with respect to certain data;
modifying provisions related to map inaccuracies;
modifying provisions related to private providers of
certain telecommunications services; providing for
recodification; repealing 17 O.S. 2021, Section
139.204, which relates to State Broadband Depl oyment
Grant Fund; providing for codification; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 17 O.S. 2021, Section 139.201, is
amended to read as follows:
Section 139.201 This act shall be known and may be cited as the
"Oklahoma Rural Broadband Expansion Act ".
SECTION 2. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Se ction 9201 of Title 74, unless there
is created a duplication in num bering, reads as follows:
As used in this act:
1. "Board" means the Broadband Governing Board;
2. "Council" means the Broadband Expansion Coun cil;
3. "Director" means the Executive Director of the Oklahoma
Broadband Office;
4. "FCC" means the Federal Communic ations Commission;
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5. "Joint Committee" means the Legislature's Joint Committee on
Pandemic Relief Funding, created by the Legislature to give
legislative oversight to the disbursing of the American Rescue Plan
Act's State and Local Fiscal Recovery Fund, Capital Projects Fund,
and any future federal recovery funds as identified by the
Legislature;
6. "Map" means the statewide map showing broadband access,
adoption, speed capabilities, and all other information the Office
deems necessary;
7. "Office" means the Oklahoma Broadband Office;
8. "Plan" means the Statewide B roadband Plan;
9. "Program" means the State Broadband Grant P rogram; and
10. "Revolving fund" means the State Broadband Grant Program
Revolving Fund.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9202 of Title 74, unless there
is created a duplication in num bering, reads as follows:
A. 1. There is hereby created until June 30, 2028, the
Broadband Governing Board. The Board shall oversee the Oklahoma
Broadband Office. Effective June 30, 2028, the Board shall
terminate. The Board shall utilize the year prior to the
termination date for the purpose of ceasing the Board's affairs.
2. The Board shall receive regular reports from the Office's
Executive Director and the Executive Director's staff on the status
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of the Statewide Broadband Plan, the State Broadband Grant Program,
other developed grant programs, and other projects the Office is
undertaking, during regularly scheduled meetings.
B. The Board shall consist of nine (9) members. Two members
shall be appointed by the Speaker of the Oklahoma House of
Representatives, two members shall be appointed by the President Pro
Tempore of the Oklahoma State Senate, three members shall be
appointed by the Governor, one member shall be the Lieutenant
Governor, and one member shall be the State Treasurer. Except as
provided in subsection C of this section, appointees shall serve
until June 30, 2028. No individual with an official a ffiliation,
paid or unpaid, with any potential recipient of a grant administered
under the provisions of this act, shall be appointed to o r serve on
the Board.
C. Each appointee shall serve at the p leasure of his or her
appointing authority and may be removed or replaced without cause.
D. 1. The Board shall hold an organizatio nal meeting not later
than thirty (30) days from the effective date of this act. At such
meeting, the Board shall adopt qua lifications and a salary range for
an Executive Director for the Oklahoma Broadband Office based on the
recommendations of the Human Capital Management Division of the
Office of Management and Enterprise Services, and provide for the
process of filling the position in a reasonable time in accordance
with the laws of this state.
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2. The Board shall hold meetings as necessary at a place and
time to be fixed by the Board. The Boa rd shall elect, at its first
meeting, one of its members to serve as chair and another of i ts
members to serve as vice-chair. At the first meeting in each
calendar year thereafter , the chair and vice-chair for the ensuing
year shall be elected. Special meetings may be called by the chair
or by five members of the Board by delivery of written n otice to
each member of the Board. A majority of members serving on the
Board shall constitute a quorum of the Board.
E. If a Board member is unable to f ulfill his or her term for
any reason, the appointing authority of such member may appoint a
replacement to complete the remainder of the term.
F. The Board shall be subject to the Oklahoma Open M eeting Act
and the Oklahoma Open Records Act.
G. The Board shall employ, evaluate, and maintain an Executive
Director of the Office who shall serve at the pleasure of the Board
and may be removed or replaced without cause.
H. The Board shall promulgate r ules as necessary to implement
the provisions of the Oklahoma Broad band Expansion Act and for the
governance and operation of the Oklahoma Broadband Office.
I. The Board shall approve or disapprove all grant and
incentive programs created by the Office under the provisions of
this act or under law.
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J. The Board shall oversee the annual budget for th e Office,
which shall be funded from the allowed adminis trative expenses of
applicable federal programs and funds available for expenditure from
the State Broadband Grant Program Revolving Fund created purs uant to
Section 10 of this act.
K. The Board shall approve the Statewide Broadband Plan and
updates to the Plan as necessary.
SECTION 4. AMENDATORY 17 O.S. 2021, Section 139.202, is
amended to read as follows:
Section 139.202 A. There is hereby created, until June 30,
2028, the Rural Broadband Expansion Council. Effective June 30,
2028, the Council shall terminate. The Council shall u tilize the
year prior to the termination date for the purpose of ceasing th e
Council's affairs.
B. The Council shall consist of sixteen (16) fourteen (14)
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 operatio ns of the Oklahoma
Department of Transportation, OneNet and the Oklahoma Office of
Management and Enterprise Services and who is not and has n ot been
previously employed by OneNet the individual serving as the
Executive Director of the Oklahoma Broadband Office, one of whom
shall be a current or past mayor of a municipality having a
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population of less than thirty-five thousand (35,000) persons
according to the latest Federal Decennial Census or most rece nt
population estimate and which is not part of either the Oklaho ma
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
resident of this state and a wireless Internet service provider
(WISP);
2. Five members shall be appointed by the Speaker of the
Oklahoma House of Representatives, one of whom shall represe nt the
interests of rural Internet service providers, one of whom shall be
a private sector technology professional wi th expertise in broadband
connectivity, access, price and related economic factors, one of
whom shall represent the interests of rural hea lth care, one of whom
shall be a representative of a wireless telecommunica tions provider
not affiliated with an incum bent local exchange carrier in Oklahoma
and one who shall be a resident of this state and a wireless
Internet service provider (W ISP) representative of a wireless
telecommunications provider with operations in Oklahoma and at least
twenty-four other states;
3. 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
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shall represent the interests of rural business enterprises, one of
whom shall be a citizen from a community of less than fift y thousand
(50,000) persons which is not pa rt of either the Oklahoma City or
Tulsa Metropolitan Statistical Areas, one of whom shall be a rural
electric cooperative representative and one who shall be an Oklahoma
resident and Tribal Leader of a tribe recog nized in this state; and
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
6. One nonvoting member to be s elected by the Oklahoma
Corporation Commissi on 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 organizationa l meeting not later
than sixty (60) days from May 22, 2020, and shall select from its
membership a chair and vice-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 pe rson or persons are
legislators.
D. A quorum of the membership of the Council shall be necessary
in order to take any fin al action pursuant to the provisions o f this
act.
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E. D. 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 in the state and shall divide the st ate
into separate geographic areas based on the information it obtains
regarding existing capability for perso ns and businesses to access
broadband telecommunication services, the cost for obtaining the
services from existing servic e providers, the estimat ed 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 b usiness entities in rural areas to access
broadband services at a reasonable price and such other information
as the Council may determine to be r elevant in order to establish
the geographic areas.
G. The Council shall incorporate the information as descr ibed
in subsection F of this section into a map ping system that depicts
resources, broadband coverage, connectivity speeds and such other
features as the Council deems relevant.
H. The Council shall undertake a study of incentives or
programs that would h ave the effect of improving existing rural
broadband access and establishing broadband access to areas which
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currently do not have such access . The incentives or programs may
include federal funds, tribal funds or resources, donated funds or
funding available from foundations, endowments or similar so urces,
state or local tax incentives, state or local financing incentives
or options or federal, tr ibal, state or local regulatory policies
that would be conducive to improving existing broadband access or
establishing such access where it does not current ly exist.
I. The Council shall have the right to obtain information from
the Oklahoma Corporation Commission or other state agencies, to the
extent information requested is not required to be kept confidentia l
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 i nstrumentalities of
local government, to the extent information requested i s not
required to be kept confidential pursuant to some other requirement,
regarding any of the matters as specified in this section r elevant
to the Council's duties.
K. The Council shall utilize the
E. The Council shall serve as the advisory board to the
Oklahoma Broadband Office.
F. The Council shall advise the Office in developing and
continually monitoring the Office's Plan related to:
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1. Identifying geographic areas it establishes pursuant to the
Oklahoma Rural Broadband Expansion Act in order to develop its
recommendations regarding the implementation of to be utilized in
developing the Office's policies that are conducive to for
establishing or improving rural broadband access in the state.
pursuant to the Oklahoma Broadband Expansion Act ;
L. The Council shall focus on the 2. Assessing the financial
viability of broadband service providers so that a broadband netwo rk
is adequately supported in its operations, that needed repairs and
upgrades can be undertaken on a timely basis and that the go al of
having a quality long-term broadband service delivery system for
rural areas across the state is achieved and maintained .;
M. The Council shall give emphasis to maintaining 3.
Maintaining the viability of the Oklahoma Universal Service Fund and
give consideration to whether similar u niversal funds should be
implemented in order to facilitate broadband expansion and
operational costs for underserved areas.; and
N. The Council shall give emphasis to the prevention of 4.
Preventing duplication of facilities and investment when it the
Office makes policy grant recommendations. The With the input of
the Council, the Oklahoma Broadband Office shall establish objective
standards in order to determine whether the construc tion of rural
broadband access constitutes duplication of facilities a nd
investment and also the role of any recommended incentives that
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would benefit entities in the private sector so that public
resources are effectively utilized and that duplication of efforts
is avoided.
O. The Oklahoma Department of Commerce shall crea te 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 required by subsection G of this sect ion
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 such
administrative support as provide d 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 other 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. The 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
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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 c ommittees. 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 ,
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, local, tribal or
private partnerships, and
e. the capacity of the provider to maintain asset s 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 auditing
process, and a process that allows for award clawbacks . These
controls shall be in plac e to ensure the maximum efficiency of the
incentive award and to protect against waste, fraud or abuse.
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G. The Council shall receive administrative support from the
Oklahoma Broadband Office .
SECTION 5. NEW LAW A new section of law to be c odified
in the Oklahoma Statu tes as Section 9204 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created until June 30, 2028, the Oklahoma
Broadband Office, to serve as the state's sole administrator o f the
functions, powers, and duties assigned to the Office in this act or
under law. Effective June 30, 2028, the Office shall terminate a nd
all personnel positions shall be abolished. The Office shall
utilize the year prior to the termination date for the purpose of
ceasing the Office's affairs.
B. The Office shall receive administrative assistance from the
Office of Management and Enterp rise Services (OMES), which shall
provide, through existing OMES resources, administrative assis tance
upon request in writing or electronic correspondence from the
Office's Executive Director, within a reasonable time to allow the
performance of the Office 's duties or respond in writing within ten
(10) days of the request providing reasons why the request cannot be
fulfilled. If the request cannot be fulfilled utilizing existing
resources, OMES may charge the Office for the actual cost to fulfill
the request.
C. The Office shall be governed by the Broadband Governing
Board, created pursuant to Section 3 of this act.
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D. The Office shall be advised by the Broadband Expansion
Council, created pursuant to Section 4 of this act.
E. The Office shall have an Executive Director who shall
oversee the operations of the Office including, but not limited to:
1. Overseeing the creation, maintenance, and completion of the
Statewide Broadband Plan;
2. Communicating the state's progress in achieving the goals
and implementation of the Statewide Broadband Plan;
3. The creation, housing, and updating of a statewide broadband
services map;
4. Overseeing of grant applications and awards for connectivity
and affordability projects;
5. Making recommendations to the Board r egarding procedural and
administrative rules for the Office; and
6. Employment and management of Office staff subject to the
limitations and requirements of this act and subject to the
limitations and requirements of the Broadband Governing Board.
F. The Executive Director shall regularly report to the Council
and the Board and shall submit an annual report to the Offic e of the
Speaker of the Oklah oma House of Representatives and the Office of
the President Pro Tempore of the Oklahoma State Senate.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statute s as Section 9205 of Title 74, unless there
is created a duplication in numbering, reads as fol lows:
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A. The Oklahoma Broadband Office shall:
1. Conduct a study of and continually monitor broadband access
in the state to assess:
a. existing capabilities to access broadband
telecommunication services,
b. the costs of obtaining broadband services from
existing providers,
c. the estimated cost to improve broadband access, and
d. the likelihood of changes in broadband access in the
near and intermediate future based on available
information regarding public and private programs to
enhance access and adoption; and
2. Maintain, update, and execute the Statewide Broadband Plan
as necessary.
B. The Office shall incorporate the information as described in
subsection A of this section into a mapping system that depicts
resources, broadband coverage, connectivity speeds, and other such
features as the Office deems relevant. The Office may also purchase
data sets it deems necessary to complete such mapping system.
C. The Office shall establish policies and regulations as may
be necessary to implement the provisions of th is act.
D. The Office shall establish policy as needed to implement a
process whereby impacted parties may challenge or protest data and
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information published on the Office's mapping system. The p rocess
shall include, but not be limited to, features that:
1. Are heard and ruled on at the Office level;
2. Provide for a ruling by the Office within sixty (60) days of
the submitted challenge or protest ; and
3. Upon successful protest action, result in a timely
correction of the map.
E. The Office shall perform and maintain a study of existing
grants, incentives, and programs that may improve physical access to
broadband along with adoption of broadband technologies. The
grants, incentives, and programs may include federal funds, state
funds or resources, tribal funds or resources, donated funds, or
funding available from foundations, endowments or similar resources,
state or local tax incentives, state or local financing incentives
or options, or federal, tribal, state or local regul atory policies
that would be conducive to improving existing broadband access or
establishing access where it does not currently exist. The Office
shall regularly report on the cu rrently available grants,
incentives, and programs and how best to utilize each.
F. The Office shall create, and update no less than biannually,
a Statewide Broadband Plan. The Plan shall detail what areas are
served, underserved, or unserved according to the prevailing
definitions of the FCC, and how best to improve the infrastructure
and connectivity in underserved and unserved areas. The Plan shall
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include, but shall not be limited to, detailing a pathway for
ninety-five percent (95%) of the state's population to be adequately
served by June 30, 2028.
G. The Office shall create the Capital Projects Fund Grant
Report or provide the necessary information to the state entity
drafting the Report. The Report shall be submitted to the
Department of the Trea sury no later than September 24, 2022. The
Office shall maintain the Report and submit any and all additional
information as required. The Office shall work with the Joint
Committee to ensure all approved broadband projects utilizing funds
from the Capital Projects Fund follow the correct reporting
requirements based on Department of Treasury guidance.
H. Additionally, the Office is authorized to seek, apply for,
and administer funding through grant opportunities. The Office is
also authorized to administer grant funding awards to recipients and
subrecipients.
I. On or before October 31, 2022, the Office, with the advice
of the Council, shall develop a set of broadband grants or incentive
awards guidelines to be approved by the Board. The grants and
incentive awards shall be for unserved and underserved areas. The
Office shall submit a copy of the guidelines to the Office of the
Speaker of the Oklahoma House of Representatives, the Office of the
President Pro Tempore of the Oklahoma State Senate, and to the
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offices of the chairs of the appropriate legislative committees.
The guidelines shall:
1. Consider a weighted approach for awards based upon the
following:
a. the area's need for services, including, but not
limited to, whether the area is underserv ed or
unserved,
b. whether there are existing broadband assets in the
area, based on the statewide map,
c. whether existing federal, state, l ocal, tribal, or
private resources have been allocated to broadband
services in the area,
d. a preference for federal, state, local, tribal, or
private partnerships, and
e. the capacity of the provider t o maintain assets for an
extended period of time;
2. Recommend any necessary controls incl uding, but not limited
to, capping the dollar amount of awards, allowing for an auditing
process, and a process that allows for award clawbacks. These
controls shall be in place to ensure the maximum efficiency of t he
incentive award and to protect agains t waste, fraud, or abuse; and
3. Include annual reporting requirements of a ward recipients to
assess effectiveness of such incentives which shall include, but not
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be limited to, changes in coverage resulting from imple menting
awarded grants and incentives .
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 9206 of Title 74, unless there
is created a duplication in n umbering, reads as follows:
A. State agencies, counties, cities, towns, school districts,
career technology districts, institutions of higher education,
public trusts, other entities or instrumentalities of local
government, and Internet service provider s shall, at the request of
the Oklahoma Broadband Office, provide information to the Office
regarding any matters as specified in this act relevant to the
Office's duties.
B. The Office shall m aintain confidentiality as required by law
for all information provided under the provisions of this sec tion.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9207 of Title 74, unless there
is created a duplication in numbering, reads as foll ows:
A. By December 31, 2022, the Executive Director of t he Oklahoma
Broadband Office shall identify all programs, personnel, and assets
within state government that are duplicative or complementary to t he
mission of the Office and of such recommend which programs,
personnel, and assets the Executive Director identifies as needing
to be transferred to the Office, except as provided in subsection s C
and D of this section.
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B. Upon the receipt of the recomm endation provided for in
subsection A of this section, the Director of the Office of
Management and Enterprise Services is authorized to transfer such
programs, personnel, and assets to the Office.
C. The following shall be exempt from the provisions of
subsections A and B of this section:
1. Those assets or personnel associated with broadband and
Internet connectivity at the Oklahoma Corporation Commission;
2. Those assets or personnel associated with the Oklahoma
Universal Service Fund located at the Corporation Commission; and
3. Assets owned by the Oklahoma Department of Transportation
and the staff required to operate said assets.
D. Programs, personnel, an d assets of the Oklahoma State
Regents for Higher Education, identified by the Executive Director
as duplicative or complementary to the mission of the Office, shall
be made available as agreed to in con tracts between the Office and
the Oklahoma State Regents for Higher Education following a
recommendation by the Executive Director to the Oklahoma State
Regents for Higher Education. Should the Office and the Oklahoma
State Regents for Higher Education fa il to reach contractual
agreements within ninety (90) days of the Executive Director's
recommendation, the Executive Direct or shall provide written
notification of a failure to reach contractual agreement to the
Broadband Governing Board, the Speaker of th e Oklahoma House of
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Representatives, and the President Pro Tempore of the Oklahoma State
Senate.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 9208 of Title 74, unless there
is created a duplication in numbering, reads as follows:
No funds received by the State Treasury dedicated to broadband
through the Infrastructure Investment and Jobs Act of 2021, Public
Law 117-58, by earlier federal l egislation, by state appropriation,
or any subsequent federal funding dedicated to broadband shall be
expended by the state, except as authorized by the Oklahoma
Broadband Office.
SECTION 10. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 9209 of Title 74, unless there
is created a duplication in numbering, reads as fo llows:
A. The Office, with the participation and advice of the
Broadband Expansion Council and approval from the Board, shall
establish the State Broadband Grant Program. The Program shall
include development of competitive grants to be awarded to
applicants seeking to expand access to broadband Internet services
in this state, focusing on areas considered unserved and underserved
by the FCC. The Office, Council, and Board shall examine best
practices in other states to facilitate the framework of the
Program. The Office shall administer the Program.
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B. No grants shall be developed or awar ded under the provisions
of this program that w ould duplicate existing broadband Internet
services in this state.
C. In the administration of the grant program auth orized by
this section, the Office shall secure service testing dat a to ensure
grant recipients provide the service or services proposed by such
recipients when applying for such grants.
D. All grant awards authorized pursuant to the provi sions of
this section shall include a clawback provision. For purposes of
this subsection a "claw back provision" shall mean a condition
precedent to participate in the program whereby a grant recipient
formally agrees to reimburse the program all or part of a grant
award upon the failure of the recipient to fulfill contract terms
included in the grant award.
E. There is hereby created in the State Treas ury a revolving
fund for the Office to be designated the "State Broadband Grant
Program Revolving Fund". The revolving fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies designated for deposit to said fund. All monies accruing
to the credit of said revolving fund are hereby appropriated and may
be budgeted and expended by the Office for purposes of awarding
grants by and through the Office pursuant to subsection A of this
section and for the operating expenses of the Office.
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SECTION 11. AMENDATORY 17 O.S. 2021, Section 139.203, is
amended to read as follows:
Section 139.203 A. On or before October 31, 2021 2022, and
annually thereafter, in accordance with the FCC Data Collection and
Methodology, private broadband service providers operating in this
state and satellite-based broadband private providers that hav e been
designated as an eligible telecommunica tions carrier 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 Ex pansion Council
Oklahoma Broadband Office the broadband network area coverage map
data the private providers are required to submit to the Federal
Communications Commission FCC pursuant to the federal Broadband
Deployment Accuracy and Technological Availability Act, 47 U.S.C.,
Section 641 et seq. The map data shall be updated annually thro ugh
a supplemental submission by the private providers that reflects
changes in area coverage from the preceding year, including updates
that are the result of incentives and grants created, administered,
or awarded by the Office. The Department Office 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 Servic es, the Oklahoma Corporation
Commission, and the Oklahoma Departm ent of Transportation,
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hereinafter referred to as "public entities", shall submit to the
Oklahoma Department of Commerce Office and the Rural Broadband
Expansion Council broadband network area coverage map data of all
assets and network coverage in the for mat requested by the Oklahoma
Department of Commerce and Council Office.
C. Private providers and pu blic entities shall disclose to the
Oklahoma Department of Commerce and the Rural Broadband Expansion
Council Office the properties they serve and the maxi mum 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 ma p.
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 Office 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 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 th e Department
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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 Office shall update the statewide broadband services map
required by subsection G E of Section 139.202 of Title 17 of the
Oklahoma Statutes 5 of this act 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 anonymiz ed
information, without reference to any specific private provider, of
the assets and service areas of private providers.
F. After the FCC comple tes 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 statewi de broadband map in accordance with the
provisions of this section.
SECTION 12. RECODIFICATION 17 O.S. 2021, Section
139.201, as amended by Section 1 of this act, shall be recodified as
Section 9200 of Title 74 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 13. RECODIFICATION 17 O.S. 2021, Section
139.202, as amended by Section 4 of this act, shall be recodified as
Section 9203 of Title 74 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
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SECTION 14. RECODIFICATION 17 O.S. 2021, Section
139.203, as amended by Section 11 of this act, shall be recodified
as Section 9210 of Title 74 of the Oklahoma Statutes, un less there
is created a duplication in numbering.
SECTION 15. REPEALER 17 O.S. 2021, Section 139.204, is
hereby repealed.
SECTION 16. It being immediately necessary for the preservation
of the public peace, healt h or safety, an emergency is hereby
declared to exist, by r eason whereof this act shall ta ke effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 23rd day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate