2023 Oklahoma Statutes › Title 74. State Government › §74-9203. Broadband Expansion Council.

A. There is hereby created, until June 30, 2028, the Broadband Expansion Council. Effective June 30, 2028, the Council shall terminate. The Council shall utilize the year prior to the termination date for the purpose of ceasing the Council's affairs.
B. The Council shall consist of fourteen (14) persons to be selected as follows:
1. Three members shall be appointed by the Governor, one of whom shall be 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 population of less than thirty-five thousand (35,000) persons according to the latest Federal Decennial Census or most recent population estimate and which is not part of either the Oklahoma City or Tulsa Metropolitan Statistical Areas, and one of whom shall be a 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 represent the interests of rural Internet service providers, one of whom shall be a private sector technology professional with expertise in broadband connectivity, access, price and related economic factors, one of whom shall represent the interests of rural health care, one of whom shall be a representative of a wireless telecommunications provider not affiliated with an incumbent local exchange carrier in Oklahoma and one who shall be a 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 shall represent the interests of rural business enterprises, one of whom shall be a citizen from a community of less than fifty thousand (50,000) persons which is not part 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 recognized in this state; and
4. One nonvoting member to be selected by the Oklahoma Corporation Commission who has expertise in administration of the Universal Service Fund, but who is not an elected member of the Commission.
C. 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.
D. The Council shall be subject to the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.
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:
1. Identifying geographic areas to be utilized in developing the Office's policies for establishing or improving broadband access in the state pursuant to the Oklahoma Broadband Expansion Act;
2. Assessing the financial viability of broadband service providers so that a broadband network is adequately supported in its operations, that needed repairs and upgrades can be undertaken on a timely basis and that the goal of having a quality long-term broadband service delivery system across the state is achieved and maintained;
3. Maintaining the viability of the Oklahoma Universal Service Fund and give consideration to whether similar universal funds should be implemented in order to facilitate broadband expansion and operational costs for underserved areas; and
4. Preventing duplication of facilities and investment when the Office makes grant recommendations. With the input of the Council, the Oklahoma Broadband Office shall establish objective standards in order to determine whether the construction of broadband access constitutes duplication of facilities and investment and also the role of any recommended incentives that would benefit entities in the private sector so that public resources are effectively utilized and that duplication of efforts is avoided.
G. The Council shall receive administrative support from the Oklahoma Broadband Office.
Added by Laws 2020, c. 165, § 3, emerg. eff. May 22, 2020. Amended by Laws 2020, c. 167, § 1, emerg. eff. May 22, 2020; Laws 2021, c. 302, § 1, emerg. eff. April 27, 2021; Laws 2021, c. 548, § 2, emerg. eff. May 28, 2021; Laws 2022, c. 229, § 4, emerg. eff. May 6, 2022. Renumbered from § 139.202 of Title 17 by Laws 2022, c. 229, § 13, emerg. eff. May 6, 2022.