OK
Oklahoma House Bill HB3363

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3363 Compare Versions

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1-An Act
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30+April 13, 2022
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334 BILL NO. 3363 By: McCall, Boles, and Phillips
435 of the House
536
637 and
738
839 Treat of the Senate
940
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1142
12-
13-
14-An Act relating to broadband; amending 17 O.S. 2021,
15-Section 139.201, which relates to short title;
16-modifying short title of act; providing for Oklahoma
17-Broadband Expansion Act; defining terms; creating the
18-Broadband Governing Board; providing for termination
19-date; requiring oversight of Oklahoma Broadband
20-Office; providing for winding up of certain matters;
21-requiring submission of reports by Okla homa Broadband
22-Office; providing for membership of Broadband
23-Governing Board; providing for terms of office;
24-prohibiting appointment of persons with certain
25-affiliation; providing members to serve at pleasure
26-of appointing author ity; requiring organization al
27-meeting; providing for establishment of compensation
28-and qualifications for Executive Director;
29-authorizing meetings; providing for selection of
30-chair and vice-chair; authorizing special meetings;
31-providing for determination o f quorum; providing for
32-appointment of successors; providing for
33-applicability of Oklahoma Open Meeting Act and
34-Oklahoma Open Records Act; providing for selection of
35-Executive Director; providing for removal; requiring
36-administrative rules; requiring approval by Bo ard of
37-grant or incentive programs; requiring oversight of
38-budget; requiring Board to approve Statewide
39-Broadband Plan and updates; amending 17 O.S. 2021,
40-Section 139.202, which relates to a Rural Broadband
41-Expansion Council; providing for creation of
42-Broadband Expansion Council; providing for
43-termination of Council; providing for membership of
44-Council; modifying membership provisions; modifying
45-provisions related to organization of Council;
46-modifying provisions related to fully executed duties ENR. H. B. NO. 3363 Page 2
47-and responsibilities of the Rural Broadband Expansion
48-Council; providing Council to serve as advisory board
49-to the Oklahoma Broadband Office; providing for
50-advice and specifying scope of duties; modifying
51-certain duties of the Oklahoma Department of
52-Commerce; modifying provisions related to duties of
53-Rural Broadband Expansion Council; authorizing
54-administrative support from the Oklahoma Broadband
55-Office; creating Oklahoma Broadband Office; providing
56-for termination; providing for administrative
57-assistance from the Offi ce of Management and
58-Enterprise Services; providing for governance by
59-Broadband Governing Board; providing for advice by
60-Broadband Expansion Council; providing for Executive
61-Director; prescribing duties of the Executive
62-Director; requiring reports to the B roadband Council
63-and the Oklahoma Broadband Office; imposing duties on
64-the Oklahoma Broadband Office; requiring mapping
65-system; specifying content of mapping system;
66-requiring policies and regulations; providing for
67-establishment of protest process; prescr ibing
68-requirements of protest process; requiring study of
69-grants, incentives and programs related to broadband
70-access; requiring Statewide Broadband Plan;
71-prescribing content of Plan; requiring establishment
72-of Capital Projects Fund Grant Report; providing
73-deadline for submission; requiring cooperation with
74-the Joint Committee; authorizing administration of
75-grant funds; requiring Oklahoma Broadband Office to
76-develop certain guidelines; requiring submission of
77-guidelines to certain public officials; prescrib ing
78-requirements for guidelines; providing for controls;
79-providing for annual reporting requirements;
80-requiring certain governmental entities to provide
81-information to the Oklahoma Broadband Office;
82-requiring confidential treatment of information;
83-requiring analysis of duplicative programs; providing
84-for recommendations to the Office of Management and
85-Enterprise Services; providing exemptions; providing
86-for treatment of programs, personnel or assets within
87-The Oklahoma State System of Higher Education;
88-providing procedures based on absence of certain
89-resolution; prohibiting expenditure of designated
90-funds without authorization by the Oklahoma Broadband
91-Office; providing for establishment of State ENR. H. B. NO. 3363 Page 3
92-Broadband Grant Program; prescribing requirements
93-related thereto; prohibiting duplicative grants;
94-providing for testing data usage; providing for
95-clawback provisions; defining term; creating the
96-State Broadband Grant Program Revolving Fund;
97-providing for deposit and expenditures; amending 17
98-O.S. 2021, Section 139. 203, which relates to
99-submission of data related to maps; modifying
100-provisions related to reporting of information
101-related to broadband; providing for updates to
102-certain map data; modifying duties of Oklahoma
103-Corporation Commission with respect to certain data;
104-modifying provisions related to map inaccuracies;
105-modifying provisions related to private providers of
106-certain telecommunications services; providing for
107-recodification; repealing 17 O.S. 2021, Section
108-139.204, which relates to the State Broadband
109-Deployment Grant Fund; providing for codification;
110-and declaring an emergency.
43+[ broadband - Broadband Governing Board - oversight
44+of Oklahoma Broadband Office - appointment of persons
45+with certain affiliation - compensation and
46+qualifications for Executive Director - oversight of
47+budget - Broadband Expansion Council - fully executed
48+duties and responsibilities - State Broadband Grant
49+Program Revolving Fund - recodification - repealer -
50+codification -
51+ emergency ]
11152
11253
11354
114-
115-SUBJECT: Broadband
116-
11755 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
118-
11956 SECTION 1. AMENDATORY 17 O.S. 2021, Section 139.201, is
12057 amended to read as follows:
121-
12258 Section 139.201 This act shall be known and may be cited as the
12359 "Oklahoma Rural Broadband Expansion Act ".
124-
12560 SECTION 2. NEW LAW A new section of law t o be codified
12661 in the Oklahoma Statutes as Se ction 9201 of Title 74, unless there
12762 is created a duplication in num bering, reads as follows:
128-
12963 As used in this act:
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13164 1. "Board" means the Broadband Governing Board;
132-
13365 2. "Council" means the Broadband Expansion Coun cil;
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13593 3. "Director" means the Executive Director of the Oklahoma
136-Broadband Office; ENR. H. B. NO. 3363 Page 4
137-
94+Broadband Office;
13895 4. "FCC" means the Federal Communic ations Commission;
139-
14096 5. "Joint Committee" means the Legislature's Joint Committee on
14197 Pandemic Relief Funding, created by the Legislature to give
14298 legislative oversight to the disbursing of the American Rescue Plan
14399 Act's State and Local Fiscal Recovery Fund, Capital Projects Fund,
144100 and any future federal recovery funds as identified by the
145101 Legislature;
146-
147102 6. "Map" means the statewide map showing broadband access,
148103 adoption, speed capabilities, and all other information the Office
149104 deems necessary;
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151105 7. "Office" means the Oklahoma Broadband Office;
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153106 8. "Plan" means the Statewide B roadband Plan;
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155107 9. "Program" means the State Broadband Grant P rogram; and
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157108 10. "Revolving fund" means the State Broadband Grant Program
158109 Revolving Fund.
159-
160110 SECTION 3. NEW LAW A new section of law to be codified
161111 in the Oklahoma Statutes as Section 9202 of Title 74, unless there
162112 is created a duplication in num bering, reads as follows:
163-
164113 A. 1. There is hereby created until June 30, 2028, the
165114 Broadband Governing Board. The Board shall oversee the Oklahoma
166115 Broadband Office. Effective June 30, 2028, the Board shall
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167143 terminate. The Board shall utilize the year prior to the
168144 termination date for the purpose of ceasing the Board's affairs.
169-
170145 2. The Board shall receive regular reports from the Office's
171146 Executive Director and the Executive Director's staff on the status
172147 of the Statewide Broadband Plan, the State Broadband Grant Program,
173148 other developed grant programs, and other projects the Office is
174149 undertaking, during regularly scheduled meetings.
175-
176150 B. The Board shall consist of nine (9) members. Two members
177151 shall be appointed by the Speaker of the Oklahoma House of
178152 Representatives, two members shall be appointed by the President Pro
179153 Tempore of the Oklahoma State Senate, three members shall be
180154 appointed by the Governor, one member shall be the Lieutenant
181-Governor, and one member shall be the State Treasurer. Except as ENR. H. B. NO. 3363 Page 5
155+Governor, and one member shall be the State Treasurer. Except as
182156 provided in subsection C of this section, appointees shall serve
183157 until June 30, 2028. No individual with an official a ffiliation,
184158 paid or unpaid, with any potential recipient of a grant administered
185159 under the provisions of this act, shall be appointed to o r serve on
186160 the Board.
187-
188161 C. Each appointee shall serve at the p leasure of his or her
189162 appointing authority and may be removed or replaced without cause.
190-
191163 D. 1. The Board shall hold an organizatio nal meeting not later
192164 than thirty (30) days from the effective date of this act. At such
193165 meeting, the Board shall adopt qua lifications and a salary range for
194166 an Executive Director for the Oklahoma Broadband Office based on the
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195194 recommendations of the Human Capital Management Division of the
196195 Office of Management and Enterprise Services, and provide for the
197196 process of filling the position in a reasonable time in accordance
198197 with the laws of this state.
199-
200198 2. The Board shall hold meetings as necessary at a place and
201199 time to be fixed by the Board. The Boa rd shall elect, at its first
202200 meeting, one of its members to serve as chair and another of i ts
203201 members to serve as vice-chair. At the first meeting in each
204202 calendar year thereafter , the chair and vice-chair for the ensuing
205203 year shall be elected. Special meetings may be called by the chair
206204 or by five members of the Board by delivery of written n otice to
207205 each member of the Board. A majority of members serving on the
208206 Board shall constitute a quorum of the Board.
209-
210207 E. If a Board member is unable to f ulfill his or her term for
211208 any reason, the appointing authority of such member may appoint a
212209 replacement to complete the remainder of the term.
213-
214210 F. The Board shall be subject to the Oklahoma Open M eeting Act
215211 and the Oklahoma Open Records Act.
216-
217212 G. The Board shall employ, evaluate, and maintain an Executive
218213 Director of the Office who shall serve at the pleasure of the Board
219214 and may be removed or replaced without cause.
220-
221215 H. The Board shall promulgate r ules as necessary to implement
222216 the provisions of the Oklahoma Broad band Expansion Act and for the
223217 governance and operation of the Oklahoma Broadband Office.
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225245 I. The Board shall approve or disapprove all grant and
226246 incentive programs created by the Office under the provisions of
227247 this act or under law.
228-
229248 J. The Board shall oversee the annual budget for th e Office,
230249 which shall be funded from the allowed adminis trative expenses of
231250 applicable federal programs and funds available for expenditure from
232251 the State Broadband Grant Program Revolving Fund created purs uant to
233252 Section 10 of this act.
234-
235253 K. The Board shall approve the Statewide Broadband Plan and
236254 updates to the Plan as necessary.
237-
238255 SECTION 4. AMENDATORY 17 O.S. 2021, Section 139.202, is
239256 amended to read as follows:
240-
241257 Section 139.202 A. There is hereby created, until June 30,
242258 2028, the Rural Broadband Expansion Council. Effective June 30,
243259 2028, the Council shall terminate. The Council shall u tilize the
244260 year prior to the termination date for the purpose of ceasing th e
245261 Council's affairs.
246-
247262 B. The Council shall consist of sixteen (16) fourteen (14)
248263 persons to be selected as follows:
249-
250264 1. Three members shall be appointed by the Governor, one of
251265 whom shall be a government official who has knowledge of and
252266 experience with the technology assets and operatio ns of the Oklahoma
253267 Department of Transportation, OneNet and the Oklahoma Office of
254268 Management and Enterprise Services and who is not and has n ot been
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255296 previously employed by OneNet the individual serving as the
256297 Executive Director of the Oklahoma Broadband Office, one of whom
257298 shall be a current or past mayor of a municipality having a
258299 population of less than thirty-five thousand (35,000) persons
259300 according to the latest Federal Decennial Census or most rece nt
260301 population estimate and which is not part of either the Oklaho ma
261302 City or Tulsa Metropolitan Statistical Area Areas, and one of whom
262303 shall be a representative of a wireless telecommunications provider
263304 with operations in Oklahoma and at least twenty -four other states
264305 resident of this state and a wireless Internet service provider
265306 (WISP);
266-
267307 2. Five members shall be appointed by the Speaker of the
268308 Oklahoma House of Representatives, one of whom shall represe nt the
269-interests of rural Internet service providers, one of whom shall be ENR. H. B. NO. 3363 Page 7
309+interests of rural Internet service providers, one of whom shall be
270310 a private sector technology professional wi th expertise in broadband
271311 connectivity, access, price and related economic factors, one of
272312 whom shall represent the interests of rural hea lth care, one of whom
273313 shall be a representative of a wireless telecommunica tions provider
274314 not affiliated with an incum bent local exchange carrier in Oklahoma
275315 and one who shall be a resident of this state and a wireless
276316 Internet service provider (W ISP) representative of a wireless
277317 telecommunications provider with operations in Oklahoma and at least
278318 twenty-four other states;
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280346 3. Five members shall be appointed by the President Pro Tempore
281347 of the Oklahoma State Senate, one of whom shall be a professional
282348 having academic expertise in large-scale information technology
283349 infrastructure with emphasis on rural broadband access, one of whom
284350 shall represent the interests of rural business enterprises, one of
285351 whom shall be a citizen from a community of less than fift y thousand
286352 (50,000) persons which is not pa rt of either the Oklahoma City or
287353 Tulsa Metropolitan Statistical Areas, one of whom shall be a rural
288354 electric cooperative representative and one who shall be an Oklahoma
289355 resident and Tribal Leader of a tribe recog nized in this state; and
290-
291356 4. One nonvoting member of the Oklahoma House of
292357 Representatives to be appointed by the Speaker ;
293-
294358 5. One nonvoting member of the Oklahoma State Senate to be
295359 appointed by the President Pro Tempore; and
296-
297360 6. One nonvoting member to be s elected by the Oklahoma
298361 Corporation Commissi on who has expertise in administration of the
299362 Universal Service Fund, but who is not an elected member of the
300363 Commission.
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302364 C. The Council shall hold an organizationa l meeting not later
303365 than sixty (60) days from May 22, 2020, and shall select from its
304366 membership a chair and vice-chair or co-chairs. The chair or co-
305367 chair of the Council shall be a person who is not a government
306368 employee or public official, unless the pe rson or persons are
307369 legislators.
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309397 D. A quorum of the membership of the Council shall be necessary
310398 in order to take any fin al action pursuant to the provisions o f this
311399 act.
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313400 E. D. The Council shall be subject to the Oklahoma Open Meeting
314-Act and the Oklahoma Open Records Act. ENR. H. B. NO. 3363 Page 8
315-
401+Act and the Oklahoma Open Records Act.
316402 F. The Rural Broadband Expansion Council shall conduct a study
317403 of rural broadband access in the state and shall divide the st ate
318404 into separate geographic areas based on the information it obtains
319405 regarding existing capability for perso ns and businesses to access
320406 broadband telecommunication services, the cost for obtaining the
321407 services from existing servic e providers, the estimat ed costs for
322408 improving rural broadband access, the likelihood of changes in rural
323409 broadband access in the near and intermediate future based on
324410 available information regarding private or public sector plans or
325411 programs to create or enhance broadband access in rural areas, the
326412 need for change in state or local law or policy that impacts the
327413 ability for persons or b usiness entities in rural areas to access
328414 broadband services at a reasonable price and such other information
329415 as the Council may determine to be r elevant in order to establish
330416 the geographic areas.
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332417 G. The Council shall incorporate the information as descr ibed
333418 in subsection F of this section into a map ping system that depicts
334419 resources, broadband coverage, connectivity speeds and such other
335420 features as the Council deems relevant.
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336447
337448 H. The Council shall undertake a study of incentives or
338449 programs that would h ave the effect of improving existing rural
339450 broadband access and establishing broadband access to areas which
340451 currently do not have such access . The incentives or programs may
341452 include federal funds, tribal funds or resources, donated funds or
342453 funding available from foundations, endowments or similar so urces,
343454 state or local tax incentives, state or local financing incentives
344455 or options or federal, tr ibal, state or local regulatory policies
345456 that would be conducive to improving existing broadband access or
346457 establishing such access where it does not current ly exist.
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348458 I. The Council shall have the right to obtain information from
349459 the Oklahoma Corporation Commission or other state agencies, to the
350460 extent information requested is not required to be kept confidentia l
351461 pursuant to some other requirement, regarding any of the matters as
352462 specified in this section relevant to the Council's duties.
353-
354463 J. The Council shall have the right to obtain information from
355464 counties, cities, towns, school districts, career technology
356465 districts, public trusts, or other entities or i nstrumentalities of
357466 local government, to the extent information requested i s not
358-required to be kept confidential pursuant to some other requirement, ENR. H. B. NO. 3363 Page 9
467+required to be kept confidential pursuant to some other requirement,
359468 regarding any of the matters as specified in this section r elevant
360469 to the Council's duties.
470+K. The Council shall utilize the
361471
362-K. The Council shall utilize the
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363497
364498 E. The Council shall serve as the advisory board to the
365499 Oklahoma Broadband Office.
366-
367500 F. The Council shall advise the Office in developing and
368501 continually monitoring the Office's Plan related to:
369-
370502 1. Identifying geographic areas it establishes pursuant to the
371503 Oklahoma Rural Broadband Expansion Act in order to develop its
372504 recommendations regarding the implementation of to be utilized in
373505 developing the Office's policies that are conducive to for
374506 establishing or improving rural broadband access in the state.
375507 pursuant to the Oklahoma Broadband Expansion Act ;
376-
377508 L. The Council shall focus on the 2. Assessing the financial
378509 viability of broadband service providers so that a broadband netwo rk
379510 is adequately supported in its operations, that needed repairs and
380511 upgrades can be undertaken on a timely basis and that the go al of
381512 having a quality long-term broadband service delivery system for
382513 rural areas across the state is achieved and maintained .;
383-
384514 M. The Council shall give emphasis to maintaining 3.
385515 Maintaining the viability of the Oklahoma Universal Service Fund and
386516 give consideration to whether similar u niversal funds should be
387517 implemented in order to facilitate broadband expansion and
388518 operational costs for underserved areas.; and
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390519 N. The Council shall give emphasis to the prevention of 4.
391520 Preventing duplication of facilities and investment when it the
392521 Office makes policy grant recommendations. The With the input of
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393549 the Council, the Oklahoma Broadband Office shall establish objective
394550 standards in order to determine whether the construction of rural
395551 broadband access constitutes duplication of facilities a nd
396552 investment and also the role of any recommended incentives that
397553 would benefit entities in the private sector so that public
398554 resources are effectively utilized and that duplication of efforts
399555 is avoided.
400-
401556 O. The Oklahoma Department of Commerce shall crea te a dedicated
402557 webpage or website in order to allow public access to the actions
403-and recommendations of the Council. The webpage or website shall ENR. H. B. NO. 3363 Page 10
558+and recommendations of the Council. The webpage or website shall
404559 contain the mapping system required by subsection G of this sect ion
405560 and its related information.
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407561 P. The Oklahoma Department of Commerce shall provide
408562 administrative support to the Council and shall utilize the Digital
409563 Transformation Program Revolving Fund for expenses related to such
410564 administrative support as provide d by Section 36 of Title 62 of the
411565 Oklahoma Statutes.
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413566 Q. The Rural Broadband Expansion Council shall submit an annual
414567 report, not later than January 31, summarizing discussions,
415568 testimony, analysis, information or other actions and significant
416569 events during the preceding calendar year and containing the
417570 recommendations, if any, by the Council for legislation, action by
418571 executive branch agencies or other actions in furtherance of the
419572 mission and duties of the Council. The report shall be submitted to
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420600 the Governor, the Speaker of the Oklahoma House of Representatives
421601 and the President Pro Tempore of the Oklahoma State Senate.
422-
423602 R. On or before October 31, 2021, the Council shall develop a
424603 set of broadband incentive award guidelines for recommendation to
425604 the State Legislature. The Council shall submit a copy of the
426605 guidelines to the Speaker of the Oklahoma House of Representatives,
427606 the President Pro Tempore of the Oklahoma State Senate, and to the
428607 chairs of the appropriate legislative committees. The guidelines
429608 shall:
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431609 1. Consider a weighted approach for awarding incentives based
432610 upon the following:
433-
434611 a. the area's need for services, including, but not
435612 limited to, whether the area is underserved, unserved,
436613 rural or urban,
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438614 b. whether there are existing broadband assets in the
439615 area, based on the statewide map ,
440-
441616 c. whether existing federal, state, local, tribal or
442617 private resources have been allocated to broadband
443618 services in the area,
444-
445619 d. a preference for federal, state, local, tribal or
446620 private partnerships, and
447- ENR. H. B. NO. 3363 Page 11
448621 e. the capacity of the provider to maintain asset s for an
449622 extended period of time; and
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451650 2. Recommend any necessary controls including, but not limited
452651 to, capping the dollar amount of awards, allowing for an auditing
453652 process, and a process that allows for award clawbacks . These
454653 controls shall be in plac e to ensure the maximum efficiency of the
455654 incentive award and to protect against waste, fraud or abuse.
456-
457655 G. The Council shall receive administrative support from the
458656 Oklahoma Broadband Office .
459-
460657 SECTION 5. NEW LAW A new section of law to be c odified
461658 in the Oklahoma Statu tes as Section 9204 of Title 74, unless there
462659 is created a duplication in numbering, reads as follows:
463-
464660 A. There is hereby created until June 30, 2028, the Oklahoma
465661 Broadband Office, to serve as the state's sole administrator o f the
466662 functions, powers, and duties assigned to the Office in this act or
467663 under law. Effective June 30, 2028, the Office shall terminate a nd
468664 all personnel positions shall be abolished. The Office shall
469665 utilize the year prior to the termination date for the purpose of
470666 ceasing the Office's affairs.
471-
472667 B. The Office shall receive administrative assistance from the
473668 Office of Management and Enterp rise Services (OMES), which shall
474669 provide, through existing OMES resources, administrative assis tance
475670 upon request in writing or electronic correspondence from the
476671 Office's Executive Director, within a reasonable time to allow the
477672 performance of the Office 's duties or respond in writing within ten
478673 (10) days of the request providing reasons why the request cannot be
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479701 fulfilled. If the request cannot be fulfilled utilizing existing
480702 resources, OMES may charge the Office for the actual cost to fulfill
481703 the request.
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483704 C. The Office shall be governed by the Broadband Governing
484705 Board, created pursuant to Section 3 of this act.
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486706 D. The Office shall be advised by the Broadband Expansion
487707 Council, created pursuant to Section 4 of this act.
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489708 E. The Office shall have an Executive Director who shall
490709 oversee the operations of the Office including, but not limited to:
491- ENR. H. B. NO. 3363 Page 12
492710 1. Overseeing the creation, maintenance, and completion of the
493711 Statewide Broadband Plan;
494-
495712 2. Communicating the state's progress in achieving the goals
496713 and implementation of the Statewide Broadband Plan;
497-
498714 3. The creation, housing, and updating of a statewide broadband
499715 services map;
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501716 4. Overseeing of grant applications and awards for connectivity
502717 and affordability projects;
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504718 5. Making recommendations to the Board r egarding procedural and
505719 administrative rules for the Office; and
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507720 6. Employment and management of Office staff subject to the
508721 limitations and requirements of this act and subject to the
509722 limitations and requirements of the Broadband Governing Board.
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511723 F. The Executive Director shall regularly report to the Council
512724 and the Board and shall submit an annual report to the Offic e of the
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513752 Speaker of the Oklah oma House of Representatives and the Office of
514753 the President Pro Tempore of the Oklahoma State Senate.
515-
516754 SECTION 6. NEW LAW A new section of law to be codified
517755 in the Oklahoma Statute s as Section 9205 of Title 74, unless there
518756 is created a duplication in numbering, reads as fol lows:
519-
520757 A. The Oklahoma Broadband Office shall:
521-
522758 1. Conduct a study of and continually monitor broadband access
523759 in the state to assess:
524-
525760 a. existing capabilities to access broadband
526761 telecommunication services,
527-
528762 b. the costs of obtaining broadband services from
529763 existing providers,
530-
531764 c. the estimated cost to improve broadband access, and
532-
533765 d. the likelihood of changes in broadband access in the
534766 near and intermediate future based on available
535767 information regarding public and private programs to
536-enhance access and adoption; and ENR. H. B. NO. 3363 Page 13
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768+enhance access and adoption; and
538769 2. Maintain, update, and execute the Statewide Broadband Plan
539770 as necessary.
540-
541771 B. The Office shall incorporate the information as described in
542772 subsection A of this section into a mapping system that depicts
543773 resources, broadband coverage, connectivity speeds, and other such
544774 features as the Office deems relevant. The Office may also purchase
545775 data sets it deems necessary to complete such mapping system.
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547803 C. The Office shall establish policies and regulations as may
548804 be necessary to implement the provisions of th is act.
549-
550805 D. The Office shall establish policy as needed to implement a
551806 process whereby impacted parties may challenge or protest data and
552807 information published on the Office's mapping system. The p rocess
553808 shall include, but not be limited to, features that:
554-
555809 1. Are heard and ruled on at the Office level;
556-
557810 2. Provide for a ruling by the Office within sixty (60) days of
558811 the submitted challenge or protest ; and
559-
560812 3. Upon successful protest action, result in a timely
561813 correction of the map.
562-
563814 E. The Office shall perform and maintain a study of existing
564815 grants, incentives, and programs that may improve physical access to
565816 broadband along with adoption of broadband technologies. The
566817 grants, incentives, and programs may include federal funds, state
567818 funds or resources, tribal funds or resources, donated funds, or
568819 funding available from foundations, endowments or similar resources,
569820 state or local tax incentives, state or local financing incentives
570821 or options, or federal, tribal, state or local regul atory policies
571822 that would be conducive to improving existing broadband access or
572823 establishing access where it does not currently exist. The Office
573824 shall regularly report on the cu rrently available grants,
574825 incentives, and programs and how best to utilize each.
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576853 F. The Office shall create, and update no less than biannually,
577854 a Statewide Broadband Plan. The Plan shall detail what areas are
578855 served, underserved, or unserved according to the prevailing
579856 definitions of the FCC, and how best to improve the infrastructure
580857 and connectivity in underserved and unserved areas. The Plan shall
581-include, but shall not be limited to, detailing a pathway for ENR. H. B. NO. 3363 Page 14
858+include, but shall not be limited to, detailing a pathway for
582859 ninety-five percent (95%) of the state's population to be adequately
583860 served by June 30, 2028.
584-
585861 G. The Office shall create the Capital Projects Fund Grant
586862 Report or provide the necessary information to the state entity
587863 drafting the Report. The Report shall be submitted to the
588864 Department of the Trea sury no later than September 24, 2022. The
589865 Office shall maintain the Report and submit any and all additional
590866 information as required. The Office shall work with the Joint
591867 Committee to ensure all approved broadband projects utilizing funds
592868 from the Capital Projects Fund follow the correct reporting
593869 requirements based on Department of Treasury guidance.
594-
595870 H. Additionally, the Office is authorized to seek, apply for,
596871 and administer funding through grant opportunities. The Office is
597872 also authorized to administer grant funding awards to recipients and
598873 subrecipients.
599-
600874 I. On or before October 31, 2022, the Office, with the advice
601875 of the Council, shall develop a set of broadband grants or incentive
602876 awards guidelines to be approved by the Board. The grants and
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603904 incentive awards shall be for unserved and underserved areas. The
604905 Office shall submit a copy of the guidelines to the Office of the
605906 Speaker of the Oklahoma House of Representatives, the Office of the
606907 President Pro Tempore of the Oklahoma State Senate, and to the
607908 offices of the chairs of the appropriate legislative committees.
608909 The guidelines shall:
609-
610910 1. Consider a weighted approach for awards based upon the
611911 following:
612-
613912 a. the area's need for services, including, but not
614913 limited to, whether the area is underserv ed or
615914 unserved,
616-
617915 b. whether there are existing broadband assets in the
618916 area, based on the statewide map,
619-
620917 c. whether existing federal, state, l ocal, tribal, or
621918 private resources have been allocated to broadband
622919 services in the area,
623-
624920 d. a preference for federal, state, local, tribal, or
625921 private partnerships, and
626- ENR. H. B. NO. 3363 Page 15
627922 e. the capacity of the provider t o maintain assets for an
628923 extended period of time;
629-
630924 2. Recommend any necessary controls including, but not limited
631925 to, capping the dollar amount of awards, allowing for an auditing
632926 process, and a process that allows for award clawbacks. These
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633954 controls shall be in place to ensure the maximum efficiency of t he
634955 incentive award and to protect against waste, fraud, or abuse; and
635-
636956 3. Include annual reporting requirements of a ward recipients to
637957 assess effectiveness of such incentives which shall include, but not
638958 be limited to, changes in coverage resulting from imple menting
639959 awarded grants and incentives.
640-
641960 SECTION 7. NEW LAW A new section of law to be codified
642961 in the Oklahoma Statutes as Secti on 9206 of Title 74, unless there
643962 is created a duplication in n umbering, reads as follows:
644-
645963 A. State agencies, counties, cities, towns, school districts,
646964 career technology districts, institutions of higher education,
647965 public trusts, other entities or instrumentalities of local
648966 government, and Internet service provider s shall, at the request of
649967 the Oklahoma Broadband Office, provide information to the Office
650968 regarding any matters as specified in this act relevant to the
651969 Office's duties.
652-
653970 B. The Office shall m aintain confidentiality as required by law
654971 for all information provided under the provisions of this sec tion.
655-
656972 SECTION 8. NEW LAW A new section of law to be codified
657973 in the Oklahoma Statutes as Section 9207 of Title 74, unless there
658974 is created a duplication in numbering, reads as foll ows:
659-
660975 A. By December 31, 2022, the Executive Director of t he Oklahoma
661976 Broadband Office shall identify all programs, personnel, and assets
662977 within state government that are duplicative or complementary to t he
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6631005 mission of the Office and of such recommend which programs,
6641006 personnel, and assets the Executive Director identifies as needing
6651007 to be transferred to the Office, except as provided in subsection s C
6661008 and D of this section.
667-
6681009 B. Upon the receipt of the recomm endation provided for in
6691010 subsection A of this section, the Director of the Office of
6701011 Management and Enterprise Services is authorized to transfer such
671-programs, personnel, and assets to the Office. ENR. H. B. NO. 3363 Page 16
672-
1012+programs, personnel, and assets to the Office.
6731013 C. The following shall be exempt from the provisions of
6741014 subsections A and B of this section:
675-
6761015 1. Those assets or personnel associated with broadband and
6771016 Internet connectivity at the Oklahoma Corporation Commission;
678-
6791017 2. Those assets or personnel associated with the Oklahoma
680-Universal Service Fund located at the Oklahoma Corporation
681-Commission; and
682-
1018+Universal Service Fund located at the Corporation Commission; and
6831019 3. Assets owned by the Oklahoma Department of Transportation
6841020 and the staff required to operate said assets.
685-
6861021 D. Programs, personnel, an d assets of the Oklahoma State
6871022 Regents for Higher Education, identified by the Executive Director
6881023 as duplicative or complementary to the mission of the Office, shall
6891024 be made available as agreed to in con tracts between the Office and
6901025 the Oklahoma State Regents for Higher Education following a
6911026 recommendation by the Executive Director to the Oklahoma State
6921027 Regents for Higher Education. Should the Office and the Oklahoma
6931028 State Regents for Higher Education fa il to reach contractual
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6941056 agreements within ninety (90) days of the Executive Director's
6951057 recommendation, the Executive Direct or shall provide written
6961058 notification of a failure to reach contractual agreement to the
6971059 Broadband Governing Board, the Speaker of th e Oklahoma House of
6981060 Representatives, and the President Pro Tempore of the Oklahoma State
6991061 Senate.
700-
7011062 SECTION 9. NEW LAW A new section of law to be codified
7021063 in the Oklahoma Stat utes as Section 9208 of Title 74, unless there
7031064 is created a duplication in numbering, reads as follows:
704-
7051065 No funds received by the State Treasury dedicated to broadband
7061066 through the Infrastructure Investment and Jobs Act of 2021, Public
7071067 Law 117-58, by earlier federal l egislation, by state appropriation,
7081068 or any subsequent federal funding dedicated to broadband shall be
7091069 expended by the state, except as authorized by the Oklahoma
7101070 Broadband Office.
711-
7121071 SECTION 10. NEW LAW A new section of law to be codif ied
7131072 in the Oklahoma Statutes as Section 9209 of Title 74, unless there
7141073 is created a duplication in numbering, reads as fo llows:
715- ENR. H. B. NO. 3363 Page 17
7161074 A. The Office, with the participation and advice of the
7171075 Broadband Expansion Council and approval from the Board, shall
7181076 establish the State Broadband Grant Program. The Program shall
7191077 include development of competitive grants to be awarded to
7201078 applicants seeking to expand access to broadband Internet services
7211079 in this state, focusing on areas considered unserved and underserved
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7221107 by the FCC. The Office, Council, and Board shall examine best
7231108 practices in other states to facilitate the framework of the
7241109 Program. The Office shall administer the Program.
725-
7261110 B. No grants shall be developed or awar ded under the provisions
7271111 of this program that w ould duplicate existing broadband Internet
7281112 services in this state.
729-
7301113 C. In the administration of the grant program auth orized by
7311114 this section, the Office shall secure service testing dat a to ensure
7321115 grant recipients provide the service or services proposed by such
7331116 recipients when applying for such grants.
734-
7351117 D. All grant awards authorized pursuant to the provi sions of
7361118 this section shall include a clawback provision. For purposes of
737-this subsection, a "clawback provision" shall mean a condition
1119+this subsection a "claw back provision" shall mean a condition
7381120 precedent to participate in the program whereby a grant recipient
7391121 formally agrees to reimburse the program all or part of a grant
7401122 award upon the failure of the recipient to fulfill contract terms
7411123 included in the grant award.
742-
7431124 E. There is hereby created in the State Treas ury a revolving
7441125 fund for the Office to be designated the "State Broadband Grant
7451126 Program Revolving Fund". The revolving fund shall be a continuing
7461127 fund, not subject to fiscal year limitations, and shall consist of
7471128 all monies designated for deposit to said fund. All monies accruing
7481129 to the credit of said revolving fund are hereby appropriated and may
7491130 be budgeted and expended by the Office for purposes of awarding
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7501158 grants by and through the Office pursuant to subsection A of this
7511159 section and for the operating expenses of the Office.
752-
7531160 SECTION 11. AMENDATORY 17 O.S. 2021, Section 139.203, is
7541161 amended to read as follows:
755-
7561162 Section 139.203 A. On or before October 31, 2021 2022, and
7571163 annually thereafter, in accordance with the FCC Data Collection and
7581164 Methodology, private broadband service providers operating in this
7591165 state and satellite-based broadband private providers that hav e been
760-designated as an eligible telecommunications carrier pursuant to 47 ENR. H. B. NO. 3363 Page 18
1166+designated as an eligible telecommunica tions carrier pursuant to 47
7611167 U.S.C., Section 214(e)(6) for any portion of Oklahoma, hereinafter
7621168 referred to as "private providers", shall submit to the Oklahoma
7631169 Department of Commerce and the Rural Broadband Ex pansion Council
7641170 Oklahoma Broadband Office the broadband network area coverage map
7651171 data the private providers are required to submit to the Federal
7661172 Communications Commission FCC pursuant to the federal Broadband
7671173 Deployment Accuracy and Technological Availability Act, 47 U.S.C.,
7681174 Section 641 et seq. The map data shall be updated annually thro ugh
7691175 a supplemental submission by the private providers that reflects
7701176 changes in area coverage from the preceding year, including updates
7711177 that are the result of incentives and grants created, administered,
7721178 or awarded by the Office. The Department Office is authorized to
7731179 promulgate rules for the collection of the broadband network area
7741180 coverage map reports from the private providers.
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7761208 B. On or before October 31 of each year, OneNet, the Office of
7771209 Management and Enterprise Servic es, the Oklahoma Corporation
7781210 Commission, and the Oklahoma Departm ent of Transportation,
7791211 hereinafter referred to as "public entities", shall submit to the
7801212 Oklahoma Department of Commerce Office and the Rural Broadband
7811213 Expansion Council broadband network area coverage map data of all
7821214 assets and network coverage in the for mat requested by the Oklahoma
7831215 Department of Commerce and Council Office.
784-
7851216 C. Private providers and pu blic entities shall disclose to the
7861217 Oklahoma Department of Commerce and the Rural Broadband Expansion
7871218 Council Office the properties they serve and the maxi mum advertised
7881219 download and upload speeds at which they provide any Internet
7891220 services to those properties, and shall be afforded by the Oklahoma
7901221 Department of Commerce and the Council a process to petition for
7911222 correction of potential inaccuracies in the ma p.
792-
7931223 D. The reports and information required to be disclosed
7941224 pursuant to this section by private providers shall remain
7951225 confidential pursuant to Section 24A.10 of Title 51 of the Oklahoma
7961226 Statutes. The Council Office shall determine the required
7971227 submission format of the data submitted under the provisions of this
7981228 act. In no instance shall private providers be required to submit
7991229 any data, in substantive content or form or schedule, beyond or in
8001230 advance of the data described in subsection A of this section, or
8011231 any data containing customer information, such as names, addresses
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8021259 or account numbers. The Department shall use a third party to
8031260 collect the data submitted by private providers under the provisions
804-of this act. The third party shall deliver data to th e Department ENR. H. B. NO. 3363 Page 19
1261+of this act. The third party shall deliver data to th e Department
8051262 following a white label process to remove information identifying
8061263 specific providers.
807-
8081264 E. On or before December 1 of each year, the Department and the
8091265 Council Office shall update the statewide broadband services map
8101266 required by subsection G E of Section 139.202 of Title 17 of the
8111267 Oklahoma Statutes 5 of this act using the data collected under the
8121268 provisions of this act in a manner that identifies the assets and
8131269 service areas of the public entities while displaying anonymiz ed
8141270 information, without reference to any specific private provider, of
8151271 the assets and service areas of private providers.
816-
8171272 F. After the FCC comple tes the national Broadband Serviceable
8181273 Location Fabric and accompanying National Broadband Availability
8191274 Map, the Rural Broadband Expansion Council shall annually evaluate
8201275 whether the State of Oklahoma needs to continue producing an
8211276 annually updated statewi de broadband map in accordance with the
8221277 provisions of this section.
823-
8241278 SECTION 12. RECODIFICATION 17 O.S. 2021, Section
8251279 139.201, as amended by Section 1 of this act, shall be recodified as
8261280 Section 9200 of Title 74 of the Oklahoma Statutes, unless there is
8271281 created a duplication in numbering.
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8291309 SECTION 13. RECODIFICATION 17 O.S. 2021, Section
8301310 139.202, as amended by Section 4 of this act, shall be recodified as
8311311 Section 9203 of Title 74 of the Oklahoma Statutes, unless there is
8321312 created a duplication in numbering.
833-
8341313 SECTION 14. RECODIFICATION 17 O.S. 2021, Section
8351314 139.203, as amended by Section 11 of this act, shall be recodified
8361315 as Section 9210 of Title 74 of the Oklahoma Statutes, un less there
8371316 is created a duplication in numbering.
838-
8391317 SECTION 15. REPEALER 17 O.S. 2021, Section 139.204, is
8401318 hereby repealed.
841-
8421319 SECTION 16. It being immediately necessary for the preservation
8431320 of the public peace, healt h or safety, an emergency is hereby
8441321 declared to exist, by r eason whereof this act shall ta ke effect and
8451322 be in full force from and after its passage and approval.
846- ENR. H. B. NO. 3363 Page 20
847-Passed the House of Representatives the 23rd day of March, 2022.
848-
849-
850-
851-
852- Presiding Officer of the House
853- of Representatives
854-
855-
856-Passed the Senate the 28th day of April, 2022.
857-
858-
859-
860-
861- Presiding Officer of the Senate
862-
863-
864-
865-OFFICE OF THE GOVERNOR
866-Received by the Office of the Governor this ____________________
867-day of ___________________, 20_______, at _______ o'clock _______ M.
868-By: _________________________________
869-Approved by the Governor of the State of Oklahoma this _____ ____
870-day of ___________________, 20_______, at _______ o'clock _______ M.
871-
872-
873- _________________________________
874- Governor of the State of Oklahoma
875-
876-OFFICE OF THE SECRETARY OF STAT E
877-Received by the Office of the Secretary of State this __________
878-day of ___________________, 20_______, at _______ o'clock _______ M.
879-By: _________________________________
880-
1323+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
1324+April 13, 2022 - DO PASS AS AMENDED