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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3835 By: Martinez and Newton
COMMITTEE SUBSTITUTE
An Act relating to the Corporation Commiss ion;
creating the Facilitating Interne t Broadband Rural
Expansion (FIBRE) Act; prohibiting certain
subsidization by rural electric cooperatives;
establishing duties of certain cooperatives;
prohibiting cooperatives from providing certain
service without authorization; providing for
noncodification; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows :
This act shall be known and may be cited as the "Facilitating
Internet Broadband Rural Expansion (FIBRE) Act ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 158.65 of Title 17, unless t here
is created a duplication in numbering, reads as follows:
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A. No cross-subsidization shall be permitted between a rural
electric cooperative electricity services and the provision or
operation of emerging communi cations technologies by such rural
electric cooperative or through an affiliate of such rural electric
cooperative.
B. Any rural electric cooperative that provides or operates
telecommunications or I nternet services shall:
1. Ensure that cross-subsidizations do not occur between the
electricity services of a rural electric cooperative and the
telecommunications or I nternet services it provides;
2. Fully allocate all electricity activities costs or
telecommunications or I nternet services activities costs including
costs for any shared services, between the rural electric
cooperative electricity activities and the telecommunications or
Internet services activities of the rural electric cooperative , in
accordance with the applicable uniform system of account s and
generally accepted accounting prin ciples that are applicable to
rural electric cooperatives under eith er federal or state laws,
rules, or regulations;
3. Not charge any costs of the rural electric cooperative 's
electricity activities to the telecomm unications or Internet
services customers of such rural electric cooperative;
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4. Not charge any costs of the telecommunications or I nternet
services activities of the rural electric cooperative to the rural
electric cooperative's electricity activities;
5. For the protection and privacy of cus tomer information, not
release any proprietary customer information about any
telecommunications or I nternet services customers of the rural
electric cooperative to its electricity division, affiliate, or
subsidiary without obtaining prior verifiable autho rization from
such customers;
6. Ensure that any rates and fees charged by such rural
electric cooperative for attachments to utility poles by
communications services providers shall be nondiscriminatory
regardless of the services provided by the communic ations services
provider and shall not exceed the annual recurring rate permitted
under rules and regulations adopted pursuant to 47 U.S.C. , Section
224(d) by the Federal Communications Commission, as such existed on
January 1, 2022, and any regulations an d Federal Communications
Commission decisions promulgated thereunder;
7. Establish nondiscriminatory, competitively neutral , and
commercially reasonable terms and conditions for attachments to
utility poles by any p rovider of telecommunications or I nternet
services, which terms and conditions shall comply with the federal
pole attachment requirements provided in 47 U.S.C. , Section 224, as
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such existed on January 1, 20 22, and any regulations and Federal
Communications Commission decisions promulgated thereu nder; and
8. Not require compliance by a provider of telecommunications
or Internet services with utility pole attachment specifications
that exceed the specifications in the National Electrical Safety
Code, applicable fire safety codes, and any building code or similar
code of general applicability for the protecti on of the public
health, safety, or welfare that was adopted by the applicable local
government jurisdiction prior to the filing of a utility pole
attachment application.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 158.66 of Title 17, unless there
is created a duplication in numbering, reads as follows:
No rural electric cooperative may provide cable television or
video service to any incorporated city or town without first
obtaining a franchise from the city or town.
SECTION 4. This act shall become effective November 1, 20 22.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/03/2022 - DO PASS,
As Amended and Coauthored.