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SENATE FLOOR VERSION
February 18, 2021
SENATE BILL NO. 802 By: Leewright
An Act relating to the Rural Broadband Expansion
Council; amending Section 3, Chapter 165, O.S.L.
2020, as amended by Section 1, Chapter 167, O.S.L.
2020 (17 O.S. Supp. 2020, Section 139.202), which
relates to the Rural Broad band Expansion Council;
increasing membership; adding certain tribal leader;
updating statutory references; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 3, Chapter 165, O.S.L.
2020, as amended by Section 1, Chapter 167, O.S.L. 2020 (17 O.S.
Supp. 2020, Section 139.202), is amended to read as follows:
Section 139.202. A. There is hereby created the Rural
Broadband Expansion Council.
B. The Council shall consist of fourteen (14) sixteen (16)
persons to be selected as follows:
1. Three members shall be appointed by t he Governor, one of
whom shall be a govern ment official who has knowledge of and
experience with the technology assets and operations of the Oklahoma
Department of Transportat ion, OneNet and the Oklahoma Office of
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Management and Enterprise Services and who is not and has not been
previously employed by OneNet, one of whom shall be a current or
past mayor of a municipality having a populat ion of less than
twenty-five thousand (25,000) thirty-five thousand (35,000) persons
according to the latest Federal Dece nnial Census or most recent
population estimate and which is n ot part of either the Oklahoma
City or Tulsa Metropolitan Statistical Area, and one of whom shall
be a representative of a wireless telecommunications provider with
operations in Oklahoma and at least twenty-four other states;
2. Four Five members shall be app ointed by the Speaker of the
Oklahoma House of Representat ives, one of whom shall represent the
interests of rural Internet service providers, one of whom shall be
a private sector technology professional with expertise in broadband
connectivity, access, p rice and related economic factors, one of
whom shall represent the interests of rural health care, and one of
whom shall be a representative of a wireless telec ommunications
provider not affiliated with an incumbent local exchange carrier in
Oklahoma and one who shall be a resident of this state and a
Wireless Internet Service Provider (WISP);
3. Four 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 larg e-scale information
technology infrastructure with emphasis on rural broadband access,
one of whom shall represent the interests of rural business
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enterprises, one of whom shall be a cit izen from a community of less
than fifty thousand (50,000) persons whi ch is not part of either the
Oklahoma City or Tulsa Metropolitan Statistical Areas, and one of
whom shall be a rural electric cooperative representative and one
who shall be an Oklahoma resident and Tribal Leader of a tribe
recognized in this state ;
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 Tem pore; and
6. One nonvoting member to be selected by the Oklahom a
Corporation Commission who has expertise in administration of the
Universal Service Fund, but who is not an elected membe r of the
Commission.
C. The Council shall hold an organizational me eting not later
than sixty (60) days from the effective date of this act May 22,
2020, and shall select from its membership a chair and vice -chair or
co-chairs. The chair of the C ouncil shall be a person who is not a
government employee or public official .
D. A quorum of the membership of the Council shall be necessary
in order to take any final action pursuant to the provisions of this
act.
E. The Council shall be subject to the Oklahoma Open Meeting
Act and the Oklahoma Open Records Act.
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F. The Rural Broadband Expansion Council shall conduct a study
of rural broadband access in the state and shall divide the state
into separate geographic areas based on the information it obtai ns
regarding existing capability for persons and businesses to access
broadband telecommunicatio n services, the cost for obtaining the
services from existing service providers, the estimated costs for
improving rural broadband access, the likelihood of cha nges in rural
broadband access in the near and intermediate future based on
available informatio n 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 business entities in rural areas to access
broadband services at a reasonable price and such other information
as the Council may determine to be relevant in order to establish
the geographic areas.
G. The Council shall incorporate the information as described
in subsection F of this secti on into a mapping sy stem that depicts
resources, broadband coverage, connectiv ity speeds and such other
features as the Council deems relevant.
H. The Council shall undertake a st udy of incentives or
programs that would have the effect of improving existi ng rural
broadband access and establishing broadband access to areas which
currently do not have such access. The incentives or programs may
include federal funds, tribal funds or resources, donated funds or
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funding available from foundations, endowments or similar sources,
state or local tax incentives, state or local financing in centives
or options or federal, tribal, state or local regulatory policies
that would be conducive to improving existing broadband access or
establishing such access where it doe s not currently exis t.
I. The Council shall have the right to obtain informat ion from
the Oklahoma Corporation Commission or other state agencies, to the
extent information reques ted is not required to be kept confidential
pursuant to some other requireme nt, 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, to wns, school districts, career technology
districts, public trusts, or other entities or instrume ntalities of
local government, to the extent information r equested is not
required to be kept confidential pursuant to some other requirement,
regarding any of the matters as specified in this section relevant
to the Council's duties.
K. The Council shall utilize the geographic areas it
establishes pursuant to this act the Oklahoma Rural Broadband
Expansion Act in order to develop its recommendations regarding the
implementation of policies that are cond ucive to establishing or
improving rural broadband access in the state.
L. The Council shall fo cus on the financial viability of
broadband service provid ers so that a broadband network is
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adequately supported in its ope rations, that needed repairs and
upgrades can be undertaken on a time ly basis and that the goal of
having a quality long -term broadband service delivery system for
rural areas is achieved an d maintained.
M. The Council shall give emphasis to maintaining t he viability
of the Oklahoma Univers al Service Fund and give consider ation to
whether similar universal funds should be implemented in order to
facilitate broadband expansion and operational costs for underserved
areas.
N. The Council shall give emphasis to the prevention of
duplication of facilities and investment when it makes policy
recommendations. The Council shall establish obj ective standards in
order to determine whether the constru ction of rural broadband
access constitutes duplication of facilit ies and investment and also
the role of any recommended incentives th at 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 create a dedicated
webpage or website in order to allow public acces s to the actions
and recommendations of the Council. The webpa ge or website shall
contain the mapping system required by subsection G of this section
and its related information.
P. The Oklahoma Department of Commerce sha ll provide
administrative support to the Council and shall utilize the Digital
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Transformation Program Revolving Fund for expenses related to such
administrative support as provided by Section 36 of Title 62 of the
Oklahoma Statutes.
Q. The Rural Broadband Expansion Council shall submit a n annual
report, not later than January 31, summarizing discuss ions,
testimony, analysis, information or other actions an d significant
events during the preceding calendar year and contai ning the
recommendations, if any, by the Council for legislation, act ion by
executive branch agencies or other actions in furtheranc e of the
mission and duties of the Council. The report sh all be submitted to
the Governor, the Speaker of the Oklahoma Hous e of Representatives
and the President Pro Tempore of the Oklahoma St ate Senate.
SECTION 2. It being immediately nece ssary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason wher eof this act shall take effect and
be in full force from and after it s passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
February 18, 2021 - DO PASS