Read the full stored bill text
ENGR. H. B. NO. 2293 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED HOUSE
BILL NO. 2293 By: Hilbert of the House
and
Seifried of the Senate
An Act relating to the Oklahoma Broadband Office;
amending Section 3, Chapter 229, O.S.L. 2022 (74 O.S.
Supp. 2025, Section 9202), which relates to the
Broadband Governing Board; extending date of
termination of Board; amending 17 O.S. 2021, Section
139.202, as amended by Section 4, Chapter 229, O.S.L.
2022, and as renumbered by Section 13, Chapter 229,
O.S.L. 2022 (74 O.S. Supp. 2025, Section 9203), which
relates to the Oklahoma Broadband Council; extending
date of termination of Council; amending Section 5,
Chapter 229, O.S.L. 2022, as amended by Section 1,
Chapter 336, O.S.L. 2023 (74 O.S. Supp. 2025, Section
9204), which relates to Oklahoma Broadband Office;
extending date of termination of Office; amending
Section 6, Chapter 229, O.S.L. 2022 (74 O.S. Supp.
2025, Section 9205), which relates to duties and
authority of the Oklahoma Broadband Office; extending
date of certain goal; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 3, Chapter 229, O.S.L.
2022 (74 O.S. Supp. 2025, Section 9202), is amended to read as
follows:
Section 9202. A. 1. There is hereby created until June 30,
2028 December 31, 2030, the Broadband Governing Board. The Board
ENGR. H. B. NO. 2293 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall oversee the Oklahoma Broadband Office. Effective June 30,
2028 December 31, 2030, 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
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 December 31, 2030. No individual with an
official affiliation, paid or unpaid, with any potential recipient
of a grant administered under the provisions of this act, shall be
appointed to or serve on the Board.
C. Each appointee shall serve at the pleasure of his or her
appointing authority and may be removed or replaced without cause.
D. 1. The Board shall hold an organizational meeting not later
than thirty (30) days from the effective date of this act. At such
ENGR. H. B. NO. 2293 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
meeting, the Board shall adopt qualifications 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.
2. The Board shall hold meetings as necessary at a place and
time to be fixed by the Board. The Board shall elect, at its first
meeting, one of its members to serve as chair and another of its
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 notice 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 fulfill 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 Meeting 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.
ENGR. H. B. NO. 2293 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
H. The Board shall promulgate rules as necessary to implement
the provisions of the Oklahoma Broadband 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.
J. The Board shall oversee the annual budget for the Office,
which shall be funded from the allowed administrative expenses of
applicable federal programs and funds available for expenditure from
the State Broadband Grant Program Revolving Fund created pursuant to
Section 10 of this act 9209 of this title.
K. The Board shall approve the Statewide Broadband Plan and
updates to the Plan as necessary.
SECTION 2. AMENDATORY 17 O.S. 2021, Section 139.202, as
amended by Section 4, Chapter 229, O.S.L. 2022, and as renumbered by
Section 13, Chapter 229, O.S.L. 2022 (74 O.S. Supp. 2025, Section
9203), is amended to read as follows:
Section 9203. A. There is hereby created, until June 30, 2028
December 31, 2030, the Broadband Expansion Council. Effective June
30, 2028 December 31, 2030, 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:
ENGR. H. B. NO. 2293 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
ENGR. H. B. NO. 2293 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
ENGR. H. B. NO. 2293 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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.
SECTION 3. AMENDATORY Section 5, Chapter 229, O.S.L.
2022, as amended by Section 1, Chapter 336, O.S.L. 2023 (74 O.S.
Supp. 2025, Section 9204), is amended to read as follows:
Section 9204. A. There is hereby created until June 30, 2028
December 31, 2030, the Oklahoma Broadband Office, to serve as the
state's sole administrator of the functions, powers, and duties
ENGR. H. B. NO. 2293 Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
assigned to the Office in the Oklahoma Broadband Expansion Act or
under law. Effective June 30, 2028 December 31, 2030, the Office
shall terminate and 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 Enterprise Services (OMES), which shall
provide, through existing OMES resources, administrative assistance
upon request in writing or electronic correspondence from the
Office's Executive Director. OMES shall provide assistance in the
manner requested within thirty (30) days of determination by the
Agency that the request is able to be fulfilled. If for any reason
the request cannot be fulfilled within thirty (30) days, the Office
and OMES shall enter into a written agreement expressing an agreed
upon timeline for fulfilling the needs of the Office. In the event
that the request cannot be fulfilled, OMES shall respond in writing
within ten (10) days of the request providing the reasoning for
denial. 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 9202 of this title.
D. The Office shall be advised by the Broadband Expansion
Council, created pursuant to Section 9203 of this title.
ENGR. H. B. NO. 2293 Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 regarding procedural and
administrative rules for the Office; and
6. Employment and management of Office staff subject to the
limitations and requirements of the Oklahoma Broadband Expansion 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 Office of the
Speaker of the House of Representatives and the Office of the
President Pro Tempore of the Senate.
G. The Office may hire legal counsel as it is deemed necessary
by the hiring entity. The Office shall be subject to the provisions
of Section 20i of this title.
ENGR. H. B. NO. 2293 Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 4. AMENDATORY Section 6, Chapter 229, O.S.L.
2022 (74 O.S. Supp. 2025, Section 9205), is amended to read as
follows:
Section 9205. 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 this act.
ENGR. H. B. NO. 2293 Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. The Office shall establish policy as needed to implement a
process whereby impacted parties may challenge or protest data and
information published on the Office's mapping system. The process
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 regulatory 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 currently 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
ENGR. H. B. NO. 2293 Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
definitions of the FCC, and how best to improve the infrastructure
and connectivity in underserved and unserved areas. The Plan shall
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 December 31, 2030.
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 Treasury 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
ENGR. H. B. NO. 2293 Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
President Pro Tempore of the Oklahoma State Senate, and to the
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 underserved or
unserved,
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 assets for an
extended period of time;
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 place to ensure the maximum efficiency of the
incentive award and to protect against waste, fraud, or abuse; and
3. Include annual reporting requirements of award recipients to
assess effectiveness of such incentives which shall include, but not
ENGR. H. B. NO. 2293 Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
be limited to, changes in coverage resulting from implementing
awarded grants and incentives.
SECTION 5. This act shall become effective November 1, 2026.
Passed the House of Representatives the 10th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate