State Broadband Policy Explorer
Laws governing high-speed internet access
Note: This interactive is no longer being updated, but Pew is still collecting this information. Please contact Anna Read with any questions.
Overview
The Pew Charitable Trusts’ state broadband policy explorer lets you learn how states are expanding access to broadband through laws. Categories in the tool include: broadband programs, competition and regulation, definitions, funding and financing, and infrastructure access.
As you choose categories, a 50-state map illustrates which states have adopted such laws.
The state broadband policy explorer includes state statutes related to broadband as of Jan. 1, 2021.
For more information about states broadband programs, please visit “Which States Have Dedicated Broadband Offices, Task Forces, Agencies, or Funds?”
Showing 845 of 845
Filter results
- Alabama (20)
- Alaska (4)
- Arizona (19)
- Arkansas (16)
- California (38)
- Colorado (34)
- Connecticut (4)
- Delaware (4)
- Florida (17)
- Georgia (31)
- Hawaii (18)
- Idaho (8)
- Illinois (26)
- Indiana (24)
- Iowa (16)
- Kansas (12)
- Kentucky (8)
- Louisiana (14)
- Maine (29)
- Maryland (13)
- Massachusetts (14)
- Michigan (19)
- Minnesota (25)
- Mississippi (8)
- Missouri (12)
- Montana (10)
- Nebraska (16)
- Nevada (12)
- New Hampshire (10)
- New Jersey (7)
- New Mexico (13)
- New York (10)
- North Carolina (32)
- North Dakota (1)
- Ohio (4)
- Oklahoma (9)
- Oregon (23)
- Pennsylvania (14)
- Rhode Island (5)
- South Carolina (14)
- South Dakota (4)
- Tennessee (30)
- Texas (14)
- Utah (11)
- Vermont (39)
- Virginia (35)
- Washington (20)
- West Virginia (35)
- Wisconsin (26)
- Wyoming (18)
Categories
topics
- Office (13)
- Task Force (45)
- Mapping (20)
- Plan (19)
- Promotional (10)
- Goal (15)
- Agency (47)
topics
- Municipal Broadband (55)
- Cooperatives (33)
- -- Electric (10)
- -- Telephone (1)
- Regulatory Authority (28)
- Service Provision - Other (37)
- Net Neutrality (17)
topics
- Definition - Broadband (81)
- -- Speed of 1.5 Mbps or less (29)
- -- Speed of 10 Mbps / 1 Mbps (2)
- -- Speed of 25 Mbps / 3 Mbps (15)
- -- Other speed (1)
- -- As defined by FCC or U.S. Code (14)
- -- Defined by technology, not speed (18)
- Definition - Unserved (27)
- Definition - Underserved (9)
topics
- Fund - Broadband (58)
- Fund - Other (38)
- -- Economic Development and Infrastructure (17)
- -- Schools and Libraries (12)
- State Universal Service Fund (33)
- -- High Cost Support (13)
- -- Lifeline (2)
- -- Rural Healthcare (1)
- -- Schools and Libraries (15)
- Tax Incentives (30)
- Financing - Other (18)
topics
- Pole attachments (15)
- Permitting (11)
- Rights-of-way (63)
- -- Other (34)
- -- Railroad (6)
- -- Dig once (11)
- -- Easements (12)
- Wireless facilities (14)
- Small cell facilities (30)
- Open access (1)
- IA - Other (7)
topics
- Legislative Intent (52)
- Other (19)
- Not specified (96)
- 2021 (2)
- 2020 (112)
- 2019 (109)
- 2018 (132)
- 2017 (112)
- 2016 (18)
- 2015 (44)
- 2014 (20)
- 2013 (24)
- 2012 (14)
- 2011 (14)
- 2010 (6)
- 2009 (16)
- 2008 (23)
- 2007 (22)
- 2006 (13)
- 2005 (16)
- 2004 (11)
- 2003 (11)
- 2002 (4)
- 2001 (5)
- 2000 (7)
- 1999 (5)
- 1997 (7)
- 1996 (1)
- 1991 (1)
States matching filter criteria
Glossary
State policies create a framework for broadband deployment that lays out who can provide broadband, how they can provide it, and how expansion efforts are regulated and incentivized. The tool provides information on five categories that affect broadband deployment: state broadband programs, definitions, funding and financing, competition and regulation, and infrastructure access. Each law in the tool is labeled with one of these categories, as well as a topic that describes the law in more detail. In cases where one law belongs to multiple topics, the topic is also listed in parentheses after the name in order to differentiate between the two entries.
Broadband programs: States structure their broadband programs in different ways. In some states, a centralized office coordinates these programs, while in others the responsibility is held by one or more departments or agencies, such as a department of economic development or department of commerce. States have also formed broadband commissions and task forces to address connectivity challenges.
State broadband offices, agency staff, commissions, and task forces have different scopes and responsibilities in different states. Their activities include establishing broadband goals, creating deployment plans, collecting and mapping broadband data, administering grant programs, and managing certification programs.
Broadband office [Office] : Established by statute or through an executive order, a state broadband office is usually located in a department or agency.
Agency with broadband authority [Agency] : States have designated one or more departments or agencies with responsibility for broadband.
Broadband commission or task force [Task force] : Commissions and task forces generally include members representing multiple sectors, including state agencies, internet service providers (ISPs), local governments, and small businesses. Commissions often play a more formal role in administering broadband programs and funds, while task forces play an advisory or evaluative role.
Broadband goal [Goal] : States generally identify targets for broadband coverage and speed, and include time frames for achieving these targets.
Broadband plan [Plan] : States have plans with goals and strategies for increasing broadband access. Some states also have requirements for including broadband in local or regional plans.
Broadband mapping [Mapping] : States have requirements for mapping where broadband service is available. They may also have public-facing broadband maps.
Broadband Certification Programs [Promotional] : States have created certification programs to recognize local governments that have taken actions to improve broadband connectivity.
Definitions: States define broadband by connection speed. These include speeds of [1.5 megabits per second (Mbps) download or less], [download speeds of 10 megabits Mbps and upload speeds of 1 Mbps (10/1)] ; and [download speeds of 25 Mbps and upload speeds of 3 Mbps (25/3)] .
Other states define broadband by the technology [defined by technology, not speed] over which the service is delivered.
Some tie their definition of broadband to that of the Federal Communications Commission (FCC) [Defined by FCC or U.S. Code]. States may have multiple definitions of broadband that apply to different provisions in their statutes.
Finally, some states also define areas that are unserved [Unserved] and underserved [Underserved] by broadband. Most of these definitions define service by census block level. They consider speed, technology type, and the percentage of the area that does not have broadband service. State agencies use these definitions to determine which areas are eligible for state broadband grants and loans.
Funding and financing: States use multiple mechanisms to support broadband expansion, including grants and loans, tax incentives, and bonds. They also use some funds designated for other purposes—such as spurring economic development—to support investment in broadband infrastructure.
Broadband fund [Fund] : States have established funds dedicated to expanding broadband connectivity. Not all are regularly funded.
Other funds that support broadband [Fund—other] : States have incorporated broadband into funds focused on broader purposes, such as economic development or opportunity in rural or economically distressed areas.
Tax incentives [Tax incentives] : States have established tax incentives to promote broadband expansion. These include tax credits and exemptions for broadband equipment, and property tax exemptions for infrastructure.
State universal service [State USF] : States have updated their state universal service funds—traditionally used to extend telephone service—to support broadband expansion.
Other funding or financing mechanisms [Other] : States provide other mechanisms for funding and financing broadband. These include state and local bonding authorities, and authorizing local governments to provide grants or create financing districts.
Competition and regulation: Some state statutes contain provisions defining which entities can provide broadband service, requirements for providing broadband service, and how broadband is regulated. Many of these laws focus on service provided by local governments or municipal utilities and electric and telephone cooperatives.
Local government and municipal utilities [Municipal broadband] : States may allow or place limitations on the provision of wholesale or retail broadband service by local governments or municipal utilities.
Electric and telephone cooperatives [Cooperatives] : Policies that expressly allow electric and telephone cooperatives to provide broadband service.
Regulatory authority [Regulatory authority] : The authority of a public utilities commission, public service commission, or another state agency to regulate broadband.
Other [Service provision—other] : Some states further address competition through provisions that restrict the use of state-owned networks for commercial broadband service and define local governments’ authority to regulate broadband infrastructure.
Infrastructure access [Infrastructure access]: State policies address access to state-owned infrastructure to facilitate broadband expansion. These policies relate to a range of topics, including access to state-owned right of way, regulation of pole attachments, and the siting of wireless or small wireless facilities on state-owned land. States have also adopted policies that address access to locally owned infrastructure and assets to facilitate broadband expansion.
Right of way [Dig once, railroad, ROW—other] : Policies address access to roads, railroads, tribal lands, and other public rights of way. “Dig once” statutes, which coordinate conduit installation with transportation projects with the goal of lowering costs for deployment and reducing construction in the right of way, fall under right of way policies.
Pole attachments [Pole attachments] : Requirements regarding pole attachments (used to attach cables or fiber to telephone poles), including for municipalities, cooperatives, and publicly owned utilities. State statutes may direct the public utilities commission to adopt rules for pole attachments.
Wireless [Wireless facilities] and small cell wireless facilities [Small cell facilities] : Policies define siting and permitting requirements for wireless and small wireless facilities to facilitate broadband connectivity.
Other [Other infrastructure access] : States have additional policies governing providers’ access to infrastructure, including laws focused on access to multiunit dwellings and easements across private lands.
Permitting [Permitting] : States have policies that address permits for broadband infrastructure, wireless facilities, or small cell facilities either by state agencies or localities.
Open access [Open access] : Policies that define whether internet service providers can offer connectivity via a network they do not own or operate.
Other: State policies that do not fit in the other categories. These policies include legislative intent [Legislative intent], often a declaration of broadband’s importance to the state’s future. Other [Other] policies in this category address broadband-related wage requirements, advisory committee responsibilities, and agency directives, among others.
Alabama
2019
Ala. Act 2019-353
Establishing an Advanced Small Wireless facilities Deployment Task Force
Category: Broadband programs
Topic: Task Force
Forms a task force composed of members of the state Legislature to draft a legislative proposal for small cell facilities.
State Code
Be it resolved by the legislature of Alabama, both houses thereof concurring, that the Advanced Small Wireless facilities Deployment Task Force is hereby established and is charged with reviewing and considering small wireless legislation passed in other states, reviewing and considering language from federal laws and regulations, including the Federal Communications Commission's orders on small wireless facilities, and drafting proposed legislation for consideration by the Legislature in the 2020 Regular Session.
Alabama
2000
Ala. Code 11-50B-1
Purpose
Category: Other
Topic: Legislative Intent
Establishes a state policy for encouraging the development of advanced telecommunications capabilities to serve the public and facilitate economic development.
State Code
It is hereby declared to be the public policy of this state to encourage the development of advanced telecommunications capabilities, cable, interactive computer, and Internet facilities and services to better serve the public and further industrial economic development in this state. It is necessary for growth, job opportunities, and sustained economic development to encourage new investment in advanced telecommunications capabilities, cable, interactive computer, and Internet facilities, including investment by public providers of these services. Nothing contained herein, however, is intended to exempt, except, or exclude public providers which engage in the provision of advanced telecommunications capability or services, cable, interactive computer, or Internet facilities or services pursuant to the authority granted herein from complying with any provisions of federal law which may at any time apply to the public providers or their facilities or services, including without limitation, to the extent that they apply, any requirement that they interconnect with other telecommunications providers, or that they obtain from the regulatory authorities designated by federal law as being the appropriate bodies from which to obtain any requisite approval, the approval of interconnection agreements with other telecommunications providers.
Alabama
2000
Ala. Code 11-50B-1 et seq.
Purpose
Category: Competition and regulation
Topic: Municipal Broadband
Allows public providers to construct and operate internet systems for inhabitants of a municipality or police jurisdiction and any area where the municipality provides utility service. Also allows the lease of municipal systems to private providers. Addresses requirements and limitations of municipal systems, including that capital and operating expenditures cannot be paid with state or local tax revenue or appropriations.
State Code
It is hereby declared to be the public policy of this state to encourage the development of advanced telecommunications capabilities, cable, interactive computer, and Internet facilities and services to better serve the public and further industrial economic development in this state. It is necessary for growth, job opportunities, and sustained economic development to encourage new investment in advanced telecommunications capabilities, cable, interactive computer, and Internet facilities, including investment by public providers of these services. Nothing contained herein, however, is intended to exempt, except, or exclude public providers which engage in the provision of advanced telecommunications capability or services, cable, interactive computer, or Internet facilities or services pursuant to the authority granted herein from complying with any provisions of federal law which may at any time apply to the public providers or their facilities or services, including without limitation, to the extent that they apply, any requirement that they interconnect with other telecommunications providers, or that they obtain from the regulatory authorities designated by federal law as being the appropriate bodies from which to obtain any requisite approval, the approval of interconnection agreements with other telecommunications providers.
Alabama
2009
Ala. Code 11-69-1
Adoption and implementation of plan
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows Class 7 or 8 municipalities to adopt scenic right of way plans (which allow localities to protect their historic, scenic, or aesthetic characteristics) and designate roads or streets for development or improvement for beautification purposes. Cannot limit the ability of a communications provider to construct or maintain services, including broadband and wireless services, within the public right of way. Does not allow county commissions to review the placement of communications facilities and equipment within designated right of way.
State Code
(a) Any Class 7 or 8 municipality in this state may adopt a rural scenic right-of-way plan for the development, improvement, and use of right-of-way along municipal roads and streets and county roads within the corporate limits and police jurisdiction of the municipality except right-of-way, highways, streets, or roads that are under exclusive or concurrent jurisdiction of the Alabama Department of Transportation. Pursuant to the plan, the municipality may designate right-of-way adjacent to a municipal road or street or a county road to be developed, improved, and used for recreational or beautification purposes. Any portion of a road designated shall continue for at least three miles in length and may not at the time of designation have an average density of two or more commercial enterprises that have an entrance or exit on the road per mile. The path of the right-of-way along a street or road included in the plan may cross another street, road, or state highway. The establishment of a rural scenic right-of-way plan and the inclusion of any right-of-way of a county road shall be subject to approval of the county commission where any road included in the plan is located. In addition, any development and improvement within the rights-of-way along any county road shall be approved by the county commission. Any municipality establishing a rural scenic right-of-way plan shall be solely responsible for the development, maintenance, and use of the right-of-way included in the plan. The county shall not be responsible for the development, maintenance, access, or use of any right-of-way included in the plan, and shall not be liable for any damages to property or persons utilizing the right-of-way. A county may contribute financially to the implementation and development of the plan. No municipality or county shall be liable for any damages to any person using any right-of-way that is a part of the plan. (b) Nothing in this section shall in any way limit, restrict, or otherwise impact the ability of any electric supplier to maintain, repair, expand, construct, reconstruct, or relocate any facility or equipment used in the generation, transmission, or distribution of electric power or any communication service provider to maintain, repair, expand, construct, reconstruct, or relocate facilities or equipment for telecommunications, commercial mobile radio services, broadband services, or other wireless services within the public rights-of-way along, adjacent to, or surrounding any road, street, or highway included within this section; nor shall the placement of any such facilities or equipment be subject to approval by a county commission. No electric supplier or communication services provider shall be subject to increased liability resulting from the adoption by any county or municipality of a rural scenic right-of-way plan.
Alabama
2016
Ala. Code 16-16B-2.1
Wireless infrastructure and mobile digital computing devices; application for funds; implementation plan (Service Provision - Other)
Category: Competition and regulation
Topic: Service Provision - Other
Addresses the establishment of high-quality, standards-based wireless local areas network infrastructure to provide wireless broadband access in classrooms and common areas of schools to enable the use of digital instructional materials and electronic textbooks. Defines requirements for classroom and common area access.
State Code
(a)(1) Contingent on funding, during the 2016-2017 school year, local school systems may begin installing sufficient, high-quality standards-based broadband WiFi infrastructure and, where possible, mobile digital devices to enable access to digital instructional materials and, to the extent practicable, textbooks in electronic format. (2) In order to accomplish subdivision (1), the following priorities are established: a. Wireless infrastructure: The first priority for the expenditure of Alabama Ahead Act funds is the establishment of a high-quality, standards-based wireless local area network (WLAN) infrastructure capable of providing all teachers and students with sufficient WiFi broadband access in all classrooms and common areas of schools, where feasible as described in WIRED. b. Standards: Local school systems shall use applicable funds to install wireless networks or upgrade existing networks to satisfy Alabama Educational Technology Association (AET) standards that include high-quality, enterprise level networking equipment. Each regular classroom shall be equipped with high-quality wireless access for 30 to 40 devices simultaneously. Each specialty classroom, that routinely serves groups of less than 20 people, may satisfy a lesser standard. Each cafeteria shall have sufficient wireless access for one-third of the then current enrollment of the school. Each library media center shall be equipped with high quality wireless access for at minimum one-third of the capacity of the library media center. Each administrative and noninstructional area of a school shall have coverage, however, high density coverage is not required in these areas.
Alabama
2016
Ala. Code 16-16B-2.1
Wireless infrastructure and mobile digital computing devices; application for funds; implementation plan (Fund - Other)
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Requires the Alabama AHEAD program to prioritize building wireless infrastructure in schools.
State Code
(a)(1) Contingent on funding, during the 2016-2017 school year, local school systems may begin installing sufficient, high-quality standards-based broadband WiFi infrastructure and, where possible, mobile digital devices to enable access to digital instructional materials and, to the extent practicable, textbooks in electronic format. (2) In order to accomplish subdivision (1), the following priorities are established: a. Wireless infrastructure: The first priority for the expenditure of Alabama Ahead Act funds is the establishment of a high-quality, standards-based wireless local area network (WLAN) infrastructure capable of providing all teachers and students with sufficient WiFi broadband access in all classrooms and common areas of schools, where feasible as described in WIRED. b. Standards: Local school systems shall use applicable funds to install wireless networks or upgrade existing networks to satisfy Alabama Educational Technology Association (AET) standards that include high-quality, enterprise level networking equipment.
Alabama
2000
Ala. Code 23-1-294
Advisory council
Category: Other
Topic: Other
Addresses responsibilities of the scenic byways advisory council. Ensures that the scenic byway standards will not affect utility infrastructure, including facilities and equipment for providing broadband services. Allows new wireless structures to be reviewed under the terms of this article.
State Code
(7) Recommending operation and management standards for highways designated as scenic byways, including strategies for maintaining or improving the qualities for which a highway is designated as a scenic byway, and for protecting and enhancing the landscape and view corridors within the public rights-of-way surrounding such a highway, provided that such standards shall have no impact on the facilities or equipment used in the generation, transmission, or distribution of electric power, telecommunications, commercial mobile radio services, broadband services, or existing wireless facilities. However, all new wireless services structures, unless used primarily for educational purposes, shall be reviewed under the terms of this article and shall consider the communication needs of the community and shall not be in conflict with any local, state, and federal laws and regulations.
Alabama
no date
Ala. Code 29-9-4
Education Trust Fund Budget Stabilization Fund; Education Trust Fund Advancement and Technology Fund
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Creates the Education Trust Fund Advancement and Technology Fund, which can support a variety of educational costs, including the acquisition of educational technology.
State Code
Amounts in the Education Trust Fund Advancement and Technology Fund shall be appropriated by and through an independent supplemental appropriation bill for the following nonrecurring expenses: Repairs or deferred maintenance of facilities for public education purposes in the state, for classroom instructional support as provided in Section 16-13-231(b)(2)c. and Section 16-13-231.3, for insuring facilities, for transportation as provided in Section 16-13-233, for school security measures, and for the acquisition or purchase of education technology and equipment, or both.
Alabama
2019
Ala. Code 37-16-1 et seq.
Broadband Using Electric Easements Accessibility Act
Category: Competition and regulation
Topic: Cooperatives
Allows electric utilities to also provide broadband services and specifies requirements that electric utilities providing broadband service must meet.
State Code
(a) To the extent not otherwise authorized by law, and in addition to all other purposes, powers, and authority currently granted to electric providers under the laws of this state, an electric provider may do all of the following: … (3) Provide broadband services, whether used for or supporting utility support services or for wholesale or retail nonutility support services. (4) Allow a broadband affiliate or an unaffiliated person to provide broadband services over or through a broadband system within the electric easements of an electric provider, on such terms and conditions as specified by the electric provider, whether used for or supporting utility support services or used for or supporting wholesale or retail nonutility support services.
Alabama
2019
Ala. Code 37-16-2
Broadband Using Electric Easements Accessibility Act
Category: Other
Topic: Legislative Intent
Declares that the state intends to encourage the deployment of broadband by allowing electric utilities to deploy broadband within existing easements and rights-of-way.
State Code
(a) The Legislature finds and declares the following: (1) More advanced communication capabilities, broadband facilities, and services are needed in many rural and underserved areas of the state. (2) Electric providers in those rural and underserved areas are capable of providing infrastructure for such advanced communications capabilities and providing, directly or indirectly, broadband facilities or services.
Alabama
2019
Ala. Code 37-16-3
Broadband Using Electric Easements Accessibility Act (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines "advanced communications capabilities" as defined by the FCC. Specifies that it includes broadband.
State Code
(l) Advanced Communications Capabilities. The communications capabilities defined from time to time as advanced telecommunications capabilities by the Federal Communications Commission (FCC) through regulations, statutes, or other written guidance or orders. The term also includes broadband systems and broadband services.
Alabama
2019
Ala. Code 37-16-3
Broadband Using Electric Easements Accessibility Act (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Other speed)
Defines broadband as an internet connection that provides upload and download speeds of 25 megabits per second (Mbps).
State Code
(5) Broadband Services. The provision of connectivity to a high-speed, high-capacity transmission medium or to a technology supporting, in the provider-to-consumer (downstream) direction, a speed, in technical terms ("bandwidth"), with minimum download speeds of 25 megabits per second and minimum upload speeds of 25 megabits per second for either of the following: a. To provide access to the Internet. b. To provide computer processing, information sharing, information storage, information content, or protocol conversion, including any service application or information service over the electric delivery system of an electric provider, and includes any advanced communications capabilities that enable users to originate, send, and receive high-quality voice, data, graphics, video programming, and video communications using any technology including a broadband system.
Alabama
2019
Ala. Code 37-16-7
Broadband Using Electric Easements Accessibility Act
Category: Infrastructure access
Topic: Rights-of-way (Easements)
Specifies the terms under which a property owner can sue a broadband provider for damages when the provider is using an existing electric easement for broadband. It stipulates that property owners cannot receive more in damages than the amount that their property lost in value because broadband facilities were installed.
State Code
(a) If the owner of an interest in real property subject to an electric easement contends that the owner's property has been taken, injured, or destroyed by the construction, installation, use, or enlargement of broadband systems within the electric easement on the owner's property and the electric easement does not expressly provide for such, the owner may file a civil action in the circuit court for the county in which the property is located to recover damages as specified by this section. All such actions must be brought within three years after the later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed within the electric easement on the owner's real property. Nothing in this chapter shall revive any right or remedy which may have become barred by lapse of time, or by any law of this state, prior to August 1, 2019. (b)(1) In any action under subsection (a), the measure of damages shall be an amount equal to the difference, if any, between the following: a. The fair market value of the owner's real property immediately before the construction or installation of broadband systems within the electric easement on the owner's real property. b. The fair market value of the owner's real property immediately after the construction or installation of broadband systems within the electric easement on the owner's real property.
Alabama
2012
Ala. Code 37-2A-2
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband service as any service that provides access to the internet at either a download or upload speed of at least 200 kilobits per second.
State Code
(2) BROADBAND SERVICE or BROADBAND ENABLED SERVICE. Any service that consists of or includes a high-speed access capability to transmit at a rate that is not less than 200 kilobits per second either in the upstream or downstream direction, and either of the following: a. Provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over such high-speed access service. b. Is used to provide access to the Internet.
Alabama
2014
Ala. Code 37-2A-4
Jurisdiction of the Public Service Commission
Category: Competition and regulation
Topic: Regulatory Authority
States that the Public Service Commission does not have any jurisdiction over broadband service.
State Code
(a) Notwithstanding any provision of law to the contrary, the commission shall not have any jurisdiction, right, power, authority, or duty to regulate, supervise, control, oversee, or monitor, directly or indirectly, the rates, charges, classifications, provision, or any aspect of broadband service, broadband enabled services, VoIP services, or information services.
Alabama
2019
Ala. Code 41-23-212
Definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines the minimum speed for a broadband connection as 25 megabits per second (Mbps) download and 3 Mbps upload.
State Code
(4) MINIMUM SERVICE THRESHOLD. A connection to the Internet that provides capacity for transmission at an average speed per customer of at least 25 megabits (25 Mbps) per second downstream and at least three megabits (3 Mbps) per second upstream.
Alabama
2019
Ala. Code 41-23-212
Definitions (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines “unserved” as any rural area without at least one broadband provider that either offers—or is required by a state or federal grant to provide by March 28, 2023—an internet connection that meets the minimum service threshold.
State Code
(6) UNSERVED AREA. Any rural area in which there is not at least one provider of terrestrial broadband service that is either: (1) offering a connection to the Internet meeting the minimum service threshold; or (2) is required, under the terms of the Federal Universal Service Fund or other federal or state grant, to provide a connection to the Internet at speeds meeting the minimum service threshold by March 28, 2023.
Alabama
2019
Ala. Code 41-23-213
Grant program; rulemaking authority; Alabama Broadband Accessibility Fund
Category: Funding and financing
Topic: Fund - Broadband
Creates within the state Treasury the Alabama Broadband Accessibility Fund, administered by the Alabama Department of Economic and Community Affairs, to promote broadband deployment and adoption in unserved areas. The fund is supported through appropriations from the Legislature and from gifts, grants, or other donations. Individual grants awarded cannot exceed 35% of the total project costs, or $1,500,000, whichever is less.
State Code
(a) The Director of ADECA may establish and administer the broadband accessibility grant program for the purpose of promoting the deployment and adoption of broadband Internet access services to unserved areas. By June 26, 2018, the director shall adopt rules and policies to administer the program and begin to accept applications for grants, and shall adopt such rules as may be necessary to meet the future needs of the grant program.
(b) The program shall be administered pursuant to policies developed by ADECA in compliance with this article. The policies shall provide for the awarding of grants to non-governmental entities that are cooperatives, corporations, limited liability companies, partnerships, or other private business entities that provide broadband services. Nothing in this article shall expand the authority under state law of any entity to provide broadband service.
(c) There is hereby created the Alabama Broadband Accessibility Fund in the State Treasury. The fund is subject to appropriations by the Legislature and gifts, grants, and other donations received by ADECA for the broadband accessibility grant program or fund. ADECA may not spend appropriations for the program for purposes other than those listed in this section. Any monies appropriated to ADECA for broadband grants that are unspent at the end of a fiscal year shall be carried over for use by the program in the next fiscal year. ADECA shall develop rules ensuring that expenses incurred to administer the program must not exceed the lesser of seven percent of the total amount appropriated for the program in any fiscal year or seven hundred fifty thousand dollars ($750,000). Moneys in the fund shall be invested by the State Treasurer for the sole benefit of the fund.
(d)(1) Individual grants awarded by ADECA under this section may only be awarded for projects in unserved areas, and may not exceed the lesser of:
a. Thirty-five percent of the project costs.
b. One million five hundred thousand dollars ($1,500,000) for projects that will be capable of transmitting broadband signals at or above the minimum service threshold.
Alabama
2019
Ala. Code 41-23-214
Alabama Rural Broadband Oversight Committee
Category: Broadband programs
Topic: Task Force
Creates the Alabama Rural Broadband Oversight Committee to provide general oversight of and recommend statutory changes that promote rural broadband deployment.
State Code
(a) There is created the Alabama Rural Broadband Oversight Committee. The committee shall consist of the Chair of the House Ways and Means Education Committee or his or her designee, the Chair of the Senate Finance and Taxation Education Committee or his or her designee, two members appointed by the Speaker of the House of Representatives, two members appointed by the President Pro Tempore of the Senate, and the Director of ADECA or his or her designee. The committee shall meet at least annually, provide general oversight of the implementation of the article, and recommend further statutory changes to promote rural broadband development.
(b) The committee shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(c) For any year in which grants are distributed under the program, ADECA shall produce a report on the status of grants under the program to the committee, including progress toward increased access to and adoption of broadband services. The report shall be provided at the committee’s first meeting of the year and be published on ADECA's website. ADECA shall provide a copy of the report to the Governor, the Alabama Senate President Pro Tempore, the Alabama Senate Minority Leader, the Speaker of the Alabama House of Representatives, and the Alabama House of Representatives Minority Leader. By March 28, 2019, ADECA shall produce a report on the availability of broadband within the state.
Alabama
2017
Ala. Executive Order 704
Executive Order 704
Category: Broadband programs
Topic: Agency
Assigns responsibility for broadband to the Alabama Department of Economic and Community Affairs.
State Code
Be it further ordered, that the Alabama Department of Economic and Community Affairs hereby assumes all the powers, duties, responsibilities, authority, and obligations heretofore belonging to the Office of Broadband Development, created by Executive Order Number 9, dated July 15, 2016.
Alaska
2020
AS 14.03.127
Funding for Internet services
Category: Funding and financing
Topic: Fund - Broadband
Declares that school districts with at least one e-rate-eligible school are also eligible for state funding to ensure that they can receive download speeds of at least 10 megabits per second (Mbps).
State Code
(a) Each fiscal year, a district in which one or more schools qualify for a discounted rate for Internet services under the federal universal services program is eligible to receive an amount for each school that is equal to the amount needed to bring the applicant's share to 10 megabits of download a second of the Internet services.
Alaska
no date
AS Act 17
Regulatory Commission of Alaska
Category: Broadband programs
Topic: Mapping
Requires the Regulatory Commission of Alaska to produce a map of broadband coverage in the state and deliver a report to the legislature by Jan. 1, 2019.
State Code
It is the intent of the legislature that the Regulatory Commission of Alaska produce a map of broadband coverage in the state, using the best available GIS data and technology. The Regulatory Commission of Alaska shall deliver a report summarizing mapping efforts and results to the Speaker of the House, the President of the Senate, the Co-Chairs of the House Finance Committee, the Co-Chairs of the Senate Finance Committee, and the Legislative Finance Division, by January 1, 2019.
Alaska
2017
AS H.B. 57
Department of Commerce, Community, and Economic Development (Legislative Intent)
Category: Other
Topic: Legislative Intent
Declares that the state Legislature wants the Department of Commerce, Community, and Economic Development to include broadband expansion in its comprehensive economic development strategy and write strategies for expansion.
State Code
It is the intent of the legislature that the department include expanding broadband access across Alaska as a goal in its comprehensive economic development strategy, and provide to the House Finance Committee, the Senate Finance Committee and the Legislative Finance Division, by December 1, 2017, strategies for promoting statewide broadband infrastructure and financing.
Alaska
2017
AS H.B. 57
Regulatory Commission of Alaska (Legislative Intent)
Category: Other
Topic: Legislative Intent
Declares that the state Legislature wants the Regulatory Commission to report on the state of broadband in Alaska and project future deployments by providers.
State Code
It is the intent of the legislature that the Regulatory Commission of Alaska provide to the House Finance Committee, the Senate Finance Committee and the Legislative Finance Division, by December 1, 2017, an analysis of Alaska's current broadband coverage and providers' planned coverage expansions, and a description of the remaining gaps in statewide broadband infrastructure and financing.
Arizona
2020
Ariz. Rev. Stat. 10-2051
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines “broadband service” as internet access with a download rate of at least 25 megabits per second (Mbps) and an upload rate of at least 3 Mbps.
State Code
2. "Broadband service" means providing access and transport to the internet, computer processing, information storage or protocol conversion at a download rate of at least twenty-five megabits per second and at an upload rate of at least three megabits per second.
Arizona
2020
Ariz. Rev. Stat. 10-2052
Purpose
Category: Competition and regulation
Topic: Cooperatives (Electric)
Authorizes electric cooperatives to provide broadband services in areas where they provide electric services.
State Code
A. Cooperative nonprofit membership corporations may be organized under this article for any of the following purposes:...5. Directly or through an affiliate, providing broadband service to areas in which the cooperative provides electric energy services.
Arizona
2020
Ariz. Rev. Stat. 10-2057
Powers of electric cooperative
Category: Infrastructure access
Topic: Rights-of-way (Easements)
Grants electric cooperatives the right to obtain easements to provide electric and broadband services.
State Code
A. A cooperative organized under this article may:...17. Directly or through an affiliate, construct, operate, maintain, lease and license fiber optic cables and other facilities to provide broadband service over, under, across, on or along real property, personal property, rights-of-way, easements and licenses and other property rights that are owned, held or used by the cooperative, including easement or other property rights owned, held or used by the cooperative to provide electricity or other services.
Arizona
2020
Ariz. Rev. Stat. 10-2085
Expanded use for broadband; just compensation; notice
Category: Other
Topic: Other
Requires cooperatives to fairly compensate owners whose real property loses market value as a result of broadband infrastructure deployment through that property.
State Code
A. For the purposes of providing broadband service, if a cooperative, directly or through its affiliate, expands the use of an existing easement or other property right that is owned, held or used by the cooperative to provide electricity or other services and the expanded use reduces the fair market value of the property over which the easement or other property right runs, the property owner is entitled to just compensation from the cooperative.
Arizona
2020
Ariz. Rev. Stat. 10-2121
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines “broadband service” as internet access with a download rate of at least 25 megabits per second (Mbps) and an upload rate of at least 3 Mbps.
State Code
2. "Broadband service" means providing access and transport to the internet, computer processing, information storage or protocol conversion at a download rate of at least twenty-five megabits per second and at an upload rate of at least three megabits per second.
Arizona
2020
Ariz. Rev. Stat. 10-2122
Purpose
Category: Competition and regulation
Topic: Cooperatives (Electric)
Authorizes electric generation and transmission cooperatives to provide broadband services in areas where they provide electric services.
State Code
Nonprofit electric generation and transmission cooperative corporations may be organized under this article for the purpose of:...3. Directly or through an affiliate, providing broadband service to areas in which the cooperative provides electric energy services.
Arizona
2020
Ariz. Rev. Stat. 10-2127
Powers of a generation and transmission cooperative
Category: Infrastructure access
Topic: Rights-of-way (Easements)
Grants electric generation and transmission cooperatives the right to obtain easements to provide electric and broadband service.
State Code
A. A generation and transmission cooperative may:...17. Directly or through an affiliate, construct, operate, maintain, lease and license fiber optic cables and other facilities to provide broadband service over, under, across, on or along real property, personal property, rights-of-way, easements and licenses and other property rights that are owned, held or used by the cooperative, including easement or other property rights owned, held or used by the cooperative to provide electricity or other services.
Arizona
2020
Ariz. Rev. Stat. 10-2151
Expanded use for broadband; just compensation; notice
Category: Other
Topic: Other
Requires cooperatives to fairly compensate owners whose real property loses market value as a result of broadband infrastructure deployment through that property.
State Code
A. For the purposes of providing broadband service, if a generation and transmission cooperative, directly or through its affiliate, expands the use of an existing easement or other property right that is owned, held or used by the cooperative to provide electricity or other services and the expanded use reduces the fair market value of the property over which the easement or other property right runs, the property owner is entitled to just compensation from the cooperative.
Arizona
no date
Ariz. Rev. Stat. 11-1801 et seq.
Wireless structures and facilities
Category: Infrastructure access
Topic: Small cell facilities
Addresses wireless provider access to county right of way for construction, operation, and maintenance of utility poles or co-location of small cell facilities on poles or wireless support structures. Caps permit fees at $100 per co-location or installation. Allows the county to require an application and charge a fee for ground-mounted equipment located in the right of way associated with poles or wireless support structures not owned by the county. Makes co-location of small wireless facilities a permitted use in all zoning districts and does not require approval; makes the installation, modification, or replacement of a utility pole a permitted use in all zoning districts subject only to administrative review unless it would not comply with height, undergrounding, or spacing requirements.
Allows applicants to file consolidated applications for the co-location of up to 35 substantially similar small cell facilities. Allows the county to remove a facility from the consolidated application and to issue separate permits for each co-location that is approved. Caps fees at $100 for an application with up to five facilities and $65 for each additional facility. For poles and co-locations outside the right of way, requires that the installation and modification of a pole and co-location are permitted uses in every zoning district except single-family residential and are not prohibited use in any zoning district. Allows the county to adopt use-specific standards. Prohibits a county from requiring services unrelated to the application, including in-kind contributions.
State Code
A. A county may not enter into an exclusive arrangement with any wireless provider for use of a right-of-way for the construction, operation or maintenance of utility poles or the collocation of small wireless facilities on utility poles or wireless support structures. B. Subject to subsection C of this section, a county may require a permit and charge a fee for processing an application by a wireless provider and conducting associated inspections for the installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure in a right-of-way. Any fee charged pursuant to this section must be reasonable and conform to authorized and published fees for similar permits issued by the county and may not exceed one hundred dollars per collocation or installation. C. For the collocation of a small wireless facility on a utility pole or wireless support structure in the right-of-way that is not owned by the county and that does not include ground-mounted equipment, the county may not charge a wireless provider a rate or fee and may not require a permit. D. A county may charge a wireless provider a rate for the wireless provider's use of a right-of-way in accordance with this section. The county may: 1. For the collocation of a small wireless facility on a utility pole or wireless support structure that is not owned by the county that includes ground-mounted equipment, charge a rate for the ground-mounted equipment using the methodology described in paragraph 5 of this subsection, require an application and charge a fee. The rate for ground-mounted equipment may not exceed one hundred seventy-five dollars. 2. For the collocation of a small wireless facility on a county utility pole that does not include ground-mounted equipment, charge a rate using the methodology described in paragraph 5 of this subsection that does not exceed twenty dollars. If the collocation includes ground-mounted equipment, the county may charge an additional rate using the methodology described in paragraph 5 of this subsection. The rate for ground-mounted equipment may not exceed one hundred seventy-five dollars. 3. For the installation of a utility pole, together with the collocation of small wireless facilities, that will not be owned by the county, charge a wireless provider a rate using the methodology described in paragraph 5 of this subsection. The rate may not exceed one hundred seventy-five dollars. An additional rate may not be charged for collocated small wireless facilities, including ground-mounted equipment that is requested in the application. 4. For the replacement of a utility pole owned by the county, require the applicant to comply with the county's processes and requirements for installing such structures. The county may not charge a rate for the replaced utility pole. 5. Charge a rate that has been lawfully adopted and published. The rate shall be based on the average fair market value of the county right-of-way that is suitable for the deployment of wireless facilities and utility poles. All materials used to derive these values shall be readily available to the public at least ninety days before the adoption of the rate. The rate adopted shall be based on ninety percent of the average fair market values that have been determined and are subject to the applicable rate caps in paragraphs 1, 2 and 3 of this subsection. E. A county shall: 1. Adopt an ordinance establishing rates, fees and terms for the following: (a) The installation, modification or replacement by a wireless provider of a utility pole located in a right-of-way. (b) The collocation by a wireless provider of a small wireless facility in a right-of-way. (c) The collocation by a wireless provider of a small wireless facility on a county utility pole.
Arizona
no date
Ariz. Rev. Stat. 15-1261
E-rate application; fund
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Allows all school districts and charter schools eligible for e-rate priority one funding to apply to the e-rate fund. School districts and charter schools that receive funding are required to establish an e-rate fund, and monies in the fund may be used to reimburse broadband and telecommunications costs.
State Code
A. All school districts and charter schools that are eligible for e-rate priority one funding as authorized by the telecommunications act of 1996 may apply for funding. Eligible school districts and charter schools may submit applications with assistance of the department of administration. B. All school districts and charter schools that receive e-rate funding shall establish an e-rate fund. Any monies in the fund may be used to reimburse the school district or charter school for broadband internet and telecommunications costs.
Arizona
no date
Ariz. Rev. Stat. 15-249.07
Broadband expansion fund; requirements; disbursements to certified applicants; reports
Category: Funding and financing
Topic: Fund - Broadband
Establishes a broadband expansion fund consisting of legislative appropriations and administered by the Department of Education. The fund is used to provide state matching funds for schools, school districts, libraries, and groups of schools and school districts for e-rate eligible broadband connectivity construction projects.
State Code
A. The broadband expansion fund is established consisting of legislative appropriations. The department of education shall administer the fund. Monies in the fund are continuously appropriated and shall be used to provide state matching monies for certified broadband connectivity construction projects for qualified applicants. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. B. Qualified applicants for distributions from the broadband expansion fund include schools, school districts, libraries and groups of schools or school districts with broadband connectivity construction projects that are certified by the department and that are eligible for the federal universal service program for schools and libraries known as the e-rate program. C. Notwithstanding subsection A of this section, the first eight million dollars of cumulative state matching contributions for certified broadband connectivity construction projects shall be provided by the corporation commission from the funding mechanism established by the corporation commission in accordance with the federal universal service program. D. The department may disburse monies from the broadband expansion fund to the applicant of a certified broadband connectivity construction project on notification from the universal service administrative company that a project is approved for federal e-rate program monies. E. An applicant may not receive a total amount from the federal universal service fund, the funding mechanism established by the corporation commission in accordance with the federal universal service program and the broadband expansion fund in excess of the certified broadband connectivity construction project's cost. F. When certifying projects as eligible for funding from the broadband expansion fund, the department shall give priority to applicants with an e-rate program discount rate of at least eighty percent, as defined by the universal service administrative company.
Arizona
no date
Ariz. Rev. Stat. 18-402
Statewide e-rate program fund
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Establishes a statewide e-rate program fund administered by the Department of Information Technology. The fund consists of monies received through the federal e-rate program and other grants to improve broadband access for schools and libraries, fund-sharing agreements between state agencies, and grants and donations from third parties.
State Code
A. The statewide e-rate program fund is established. The department shall administer the fund. The statewide e-rate program fund shall consist of: 1. Monies received pursuant to the e-rate program under the telecommunications act of 1996 or other grants to assist this state in improving broadband internet and telecommunications access for public schools and libraries in this state. 2. Monies received as a result of an intergovernmental agreement between the department and other political subdivisions of this state. 3. Monies received from private grants or donations if designated for the fund by the grantor or donor. B. Monies in the fund shall be used to assist public school districts, charter schools and libraries to submit applications for funding pursuant to subsection C and to fulfill the terms of an intergovernmental agreement or private contract pursuant to subsection D. C. Subject to the conditions of subsection E and in cooperation with the Arizona state library, archives and public records, the department shall develop policies and procedures for the e-rate application for public school districts, charter schools and libraries in this state, including providing technical assistance. D. The department may enter into contracts with private organizations and intergovernmental agreements with other state agencies and political subdivisions of this state to administer the statewide e-rate program. E. Participation in the e-rate program by libraries is voluntary. The Arizona state library, archives and public records shall determine e-rate eligibility applications.
Arizona
no date
Ariz. Rev. Stat. 28-7381
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband service as providing access and transport to the internet at Speed of at least 1 megabit per second in either direction.
State Code
2. "Broadband service": (a) Means providing access and transport to the Internet, computer processing, information storage or protocol conversion at a rate of at least one megabit per second in either the upstream or downstream direction, as established by the federal communications commission. (b) Does not include information content or service applications provided over the access service or any intrastate service that was subject to a tariff as of January 1, 2012.
Arizona
no date
Ariz. Rev. Stat. 28-7382
Broadband conduit installation; rural highway construction projects
Category: Infrastructure access
Topic: Rights-of-way (Dig once)
Allows the director of transportation to authorize the installation of broadband conduit exclusive of road construction or as part of a rural highway transportation project if the department receives funding to cover the cost or if state entities with responsibility for broadband request the conduit and provide funding. Allows the conduit to be leased to broadband providers at a cost-based rate and allows the director to limit provider access to the right of way to initial installation and infrequent maintenance activities.
State Code
A. The director may install broadband conduit in accordance with this article as part of a covered rural highway construction project if funding is received by the department to cover the cost. B. In carrying out this article, the director may lease the broadband conduit to providers at a cost-based rate and coordinate with providers regarding planning and relocating of broadband conduit and any related provider facilities within the right-of-way at the provider's expense if future highway improvements make the relocations necessary. The director may limit provider access to any broadband facilities within the right-of-way for initial installation and infrequent access for maintenance purposes and may take other actions necessary to maintain highway safety. C. The director may install broadband conduit without regard to the timing of a related existing road construction project, based on a request and receipt of funding from state entities charged with responsibility for broadband infrastructure and policy.
Arizona
no date
Ariz. Rev. Stat. 42-14401 et seq.
Telecommunications Companies
Category: Other
Topic: Other
Outlines annual statement and property valuation requirements for telecommunications companies operating in the state.
State Code
A. On or before April 1 of each year each telecommunications company, under the oath of its chief officer in this state, shall make and file a statement with the department in a form prescribed by the department and containing:
1. The name and nature of the business of the company, whether an individual, association or corporation and under the laws of which state or country it is organized.
2. The location of its principal office.
3. The names and mailing addresses of its president, secretary, tax agent, auditor, treasurer, superintendent or general manager and the chief officer or managing agent in this state.
4. The par value and market value of its shares of stock.
5. A detailed schedule of the real property the company owns in this state including its location and valuation.
6. The total length of its lines in this state, including lines that are controlled or used under lease or otherwise and the number of miles of lines in each county.
7. A complete and correct inventory of all other personal property it owned in this state on the preceding January 1, where the property was located and its value.
8. The total gross receipts for the year ending January 1 from all sources and the portion of the receipts that was derived entirely in this state.
9. The operating expenses for the year ending January 1, itemized or divided as required by the department.
10. The amount that was paid in dividends and the percentage the dividends bear to its capital...A. On or before August 31 of each year, the department shall determine the valuation as of January 1 of the property of all telecommunications companies operating in this state at its full cash value. Real estate shall be valued at market value, and personal property shall be valued on a unitary basis at its cost less depreciation. In addition, the taxpayer may submit documentation showing the need for, and the department shall consider, an additional adjustment to recognize obsolescence using standard appraisal methods and techniques.
Arizona
no date
Ariz. Rev. Stat. 9-461.17
Telecommunications utility relocation; cost reimbursement; definitions
Category: Infrastructure access
Topic: Rights-of-way (Other)
Requires municipalities to reimburse telecommunications providers, including internet service providers, whenever a bond-funded infrastructure project requires a telecommunications provider to relocate their equipment.
State Code
A. To the fullest extent allowed by law, if any construction project in any municipality that is undertaken individually or jointly by an intergovernmental contract and that is funded in whole or in part by voter-approved municipal bond proceeds requires that a telecommunications utility adjust or otherwise relocate the telecommunications utility's facilities, the municipality shall reimburse the telecommunications utility, or cause the telecommunications utility to be reimbursed, for the telecommunications utility's relocation costs incurred on facilities located within the municipal boundaries.
Arizona
no date
Ariz. Rev. Stat. 9-584
Microcell equipment in public highways; permits; fees; limitations; definitions
Category: Infrastructure access
Topic: Small cell facilities
Requires municipalities to permit the siting of microcell equipment in public highways and prohibits municipalities from charging discriminatory or unreasonable fees.
State Code
A. A political subdivision shall allow the following persons and their affiliates to install, operate and maintain microcell equipment in the public highways that are under the jurisdiction of the political subdivision: 1. A telecommunications corporation within the licensed area of a license issued by the political subdivision under this article. 2. A telecommunications corporation described in section 9-582, subsection E. 3. A cable operator as defined in section 9-505 in the area of jurisdiction licensed by the political subdivision under section 9-506. 4. A video service provider in the service area licensed by the political subdivision. B. On application a political subdivision shall issue permits for the installation, operation and maintenance of microcell equipment in the public highways within the political subdivision on a competitively neutral and nondiscriminatory basis to all persons specified in subsection A of this section. Only a qualified service provider may use microcell equipment to provide commercial mobile radio service. C. All application fees, permit fees and charges levied by a political subdivision for applications or permits shall be levied on a competitively neutral and nondiscriminatory basis and directly related to the costs incurred by the political subdivision in providing services relating to the granting or administration of applications or permits. These fees and charges also shall be reasonably related in time to the occurrence of the costs. D. A political subdivision may not charge a recurring fee, rent or other charge for use of aerial strand-mounted microcell equipment in public highways within the political subdivision if the political subdivision levies a rent, fee or charge on a person identified in subsection A of this section for the use of the public highways to provide a service. This subsection does not prohibit a political subdivision from charging a competitively neutral and nondiscriminatory rent, fee or charge for the use of utility poles or other poles of the political subdivision.
Arizona
no date
Ariz. Rev. Stat. 9-591 et. seq.
Use of public highways by wireless providers
Category: Infrastructure access
Topic: Small cell facilities
Enumerates allowable activities for wireless providers in the right of way, including small cell wireless facilities and wireless facilities. Allows local jurisdictions to charge a fee for right of way access if that fee is competitively neutral, nondiscriminatory, and limited to the cost of managing the right of way. Fees cannot exceed an annual amount of $50 times the number of small cell facilities placed in the right of way.
Addresses requirements for zoning review, including that co-located small wireless facilities are not subject to zoning review or approval; outlines review timelines and deems applications not reviewed within these timelines granted.
Allows providers to submit consolidated applications for up to 25 small cell facilities and allows local jurisdictions to remove a facility from an application and treat it separately if the information provided is incomplete. Further allows the local jurisdiction to issue separate permits for each co-location in a consolidated application. Limits the application fee to $100 for up to five small cell facilities and $50 for each additional facility on an application. Does not allow the local jurisdiction to request unrelated services, including in-kind contributions. Allows the local jurisdiction to adopt screening or landscaping standards and “setback of fall zone” (i.e., a surface under or around a piece of playground equipment where a child might land) requirements. Provisions outlined in the article do not apply to local jurisdictions within 10 miles of the Mexican border that have or are negotiating contracts before July 1, 2018, that support national security objectives along United States-Mexico border.
State Code
A. This section applies to the activities of a wireless provider within a right-of-way. B. An authority may not enter into an exclusive arrangement with a wireless provider for use of a right-of-way for any of the following: 1. The construction, installation, maintenance, modification, operation or replacement of utility poles or monopoles. 2. The collocation of small wireless facilities on utility poles or wireless support structures. 3. The collocation of wireless facilities on monopoles. C. An authority may charge a wireless provider a rate or fee for the use of a right-of-way for the construction, installation, maintenance, modification, operation or replacement of a utility pole in the right-of-way or the collocation of a small wireless facility in the right-of-way, only if the authority charges other communications service providers or publicly, cooperatively or municipally owned utilities for the use of the right-of-way and the authority has the legal authority to do so. If an authority charges a rate or fee pursuant to this section, the rate or fee for a wireless provider must be: 1. Limited to not more than the direct and actual cost of managing the right-of-way. 2. Competitively neutral in regard to other users of the right-of-way, including investor-owned, authority-owned or cooperatively owned entities, unless other users are exempt from such rates or fees under applicable law. D. A rate or fee charged pursuant to subsection C of this section may not do any of the following: 1. Result in a double recovery where existing rates, fees or taxes already recover the direct and actual costs of managing a right-of-way. 2. Be in the form of a franchise or other fee based on revenue or customer counts. 3. Be unreasonable or discriminatory. 4. Exceed an annual amount equal to fifty dollars multiplied by the number of small wireless facilities that are in the authority's geographic jurisdiction and that are placed by the wireless provider in the right-of-way. E. An authority shall establish and make available rates, fees and terms for all of the following, within six months after August 9, 2017 or three months after receiving the first request by a wireless provider, whichever is later: 1. The construction, installation, mounting, maintenance. F. The rates, fees and terms established pursuant to subsection E of this section must be made available for acceptance by a wireless provider. At the wireless provider's option, a wireless provider may request different or additional terms that the parties shall negotiate in good faith. Documents that reflect rates, fees and terms with each wireless provider are public records. Rates, fees and terms must comply with this article, and the terms: 1. May not be unreasonable or discriminatory. 2. May include requirements applicable to other users of the right-of-way. 3. May require that the wireless provider's operation of the small wireless facilities in the right-of-way does not interfere with the authority's public safety communications. 4. Subject to subsection K of this section and section 9-593, subsection F, may not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole. 5. Subject to subsection K of this section and section 9-593, subsection F, may not limit the placement of small wireless facilities by minimum separation distances.
Arizona
2019
Ariz. Sess. Laws Ch. 263 (2019)
Arizona commerce authority; appropriation; rural broadband; fiscal year 2019–2020; exemption
Category: Funding and financing
Topic: Fund - Broadband
Appropriates $3 million to the Arizona Commerce Authority for broadband deployment grants and requires the authority to report to the Legislature by Jan. 31, 2020, its plan for distributing grants.
State Code
A. The sum of $3,000,000 in onetime funding is appropriated from the state general fund in fiscal year 2019-2020 to the Arizona commerce authority for the purpose of providing rural broadband grants. The Arizona commerce authority shall report to the joint legislative budget committee on or before January 31, 2020 on its plan for distributing these grants. B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to the lapsing of appropriations.
Arkansas
2020
Ark. Act 139
Management of Rural Broadband I.D. Expenses Trust Fund Grant Application Process (Agency)
Category: Broadband programs
Topic: Agency
Instructs the University of Arkansas for Medical Sciences’ Institute for Digital Health and Innovation to oversee the management of the Rural I.D. Expenses Trusts Fund grant application process.
State Code
(a) The Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences shall manage the Rural Broadband I.D. Expenses Trust Fund grant application process for local entities. (b) The Institute for Digital Health and Innovation shall: (1) Determine Rural Broadband I.D. Expenses Trust Fund grantees; (2) Promulgate rules necessary to implement this act; (3)(A) Determine the amount of the Rural Broadband I.D. Expenses Trust Fund grant funds disbursed to an applicant. (B) An applicant may be a prospective and qualified applicant for a federal grant or loan for a broadband development program under the federal regulations promulgated by the Federal Communications Commission, the United States Department of Agriculture, or other federal agency; (4) Make the determination if the grants shall be awarded; and (5) Inform the Treasurer of State when a determination is made for the awarding of Rural Broadband I.D. Expenses Trust Fund grants.
Arkansas
2020
Ark. Act 139
Legislative findings and intent (Legislative Intent)
Category: Other
Topic: Legislative Intent
States that the General Assembly finds that local entities do not have budgets to conduct due-diligence studies before applying for federal broadband development grants or loans, and intends to provide municipalities with funds to defray those costs.
State Code
(a) The General Assembly finds that: (1) Generally, local entities do not budget for or have funds available for broadband due-diligence business studies in connection with 8 making application for federal grants or loans for broadband development programs; (2) In order to spur further development of broadband in rural Arkansas, it is necessary for local entities to conduct due-diligence business studies before application for federal grants or loans for broadband development programs; (3) Expenses associated with broadband due-diligence business studies can be burdensome to rural Arkansas communities, and it is in the best interest of all Arkansans to make this investment; (4) Under current Arkansas law, only certain eligible 18 telecommunications carriers have benefitted from the Arkansas High Cost Fund, which underwrites broadband deployment; and (5) It is necessary to provide funds to local entities to further wide-spread broadband deployment, particularly in unserved and underserved rural Arkansas, and to determine the feasibility of broadband deployment for local entities that currently do not have federally-defined broadband services and where these broadband due-diligence business studies have not been conducted before. (b) It is the intent of the General Assembly to provide funds to local entities to defray expenses for broadband due-diligence business studies in connection with preparation for federal grant and loan applications for broadband development programs administered by the Federal Communications Commission, the United States Department of Agriculture, or other federal agency to spur federally-defined broadband development in rural Arkansas. The provisions of this section shall be in effect only from July 1, 2020 through June 30, 2021.
Arkansas
no date
Ark. Code 14-200-101
Jurisdiction over utilities—appeal—definition
Category: Competition and regulation
Topic: Service Provision - Other
Defines requirements for municipal franchise fees, specifies that municipalities cannot impose additional fees on regulated broadband service providers under the Broadband Over Power Lines Enabling Act, and may impose franchise fees at the same rate that they charge other providers of broadband network services on nonregulated providers.
State Code
(f) (1) No city or town may impose additional franchise fees upon any provider of regulated broadband services under the Broadband Over Power Lines Enabling Act, § 23-18-801 et seq. (2) A city or town may impose franchise fees upon any provider of nonregulated broadband services under the Broadband Over Power Lines Enabling Act, § 23-18-801 et seq., at the same rates that the city or town charges other providers of broadband network services.
Arkansas
no date
Ark. Code 18-15-503
Powers
Category: Infrastructure access
Topic: Rights-of-way (Other)
Addresses right of way access for electric utilities for transmitting and distributing electric or broadband services.
State Code
(a) (1) (A) An electric utility organized or domesticated under the laws of this state for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use may construct, operate, and maintain such lines of wire, cables, poles, or other structures necessary for the transmission or distribution of electricity and broadband services: (i) Along and over the public highways and the streets of the cities and towns of the state; (ii) Across or under the waters of the state; (iii) Over any lands or public works belonging to the state; (iv) On and over the lands of private individuals or other persons; (v) Upon, along, and parallel to any railroad or turnpike of the state; and (vi) On and over the bridges, trestles, and structures of railroads. (B) In constructing such dams as the electric utility may be authorized to construct for the purpose of generating electricity by water power, the electric utility may flow the lands above the dams with backwater resulting from construction. (2) (A) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed, nor the navigation of the waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes. (B) The permission of the proper municipal authorities shall be obtained for the use of the streets. (b) (1) In the event that an electric utility, upon application to the individual, railroad, turnpike company, or other persons, should fail to secure by consent, contract, or agreement, a right-of-way for the purposes enumerated in subsection (a) of this section, then the electric utility shall have the right to proceed to procure the condemnation of the property, lands, rights, privileges, and easements in the manner prescribed in this subchapter. (2) However, an electric utility shall not be required to secure by consent, contract, or agreement or to procure by condemnation the right to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures. (c) Whenever an electric utility desires to construct its line on or along the lands of individuals or other persons or on the right-of-way and the structures of any railroad or upon and along any turnpike, the electric utility, by its agent, shall have the right to enter peacefully upon the lands, structures, or right-of-way and survey, locate, and lay out its line thereon, being liable, however, for any damage that may result by reason of the acts.
Arkansas
no date
Ark. Code 18-15-507
Damages
Category: Infrastructure access
Topic: Rights-of-way (Other)
Addresses the amount of damages to be paid by an electric utility to a landowner for right of way access.
State Code
(a) (1) The amount of damages to be paid the owner of the lands for the right-of-way for the use of the electric utility shall be determined and assessed irrespective of any other benefit that the owner may receive from any improvement proposed by the electric utility. (2) (A) If an owner of property petitions a court under § 18-15-504(e), the amount of damages, if any, payable to the owner for the use of preexisting lines of wire, cables, poles, or other structures by an electric utility to provide broadband services shall be limited to an amount sufficient to compensate the property owner for the increased interference, if any, with the owner's use of the property caused by any new or additional physical attachments to the preexisting facility for the purpose of providing broadband services. (B) Evidence of revenues or profits derived by an electric utility from providing broadband services is not admissible for any purpose in a proceeding under § 18-15-504(e). (b) In all cases in which damages for the right-of-way for the use of the electric utility shall have been assessed in the manner provided, it shall be the duty of the electric utility to deposit with the court or pay to the owners the amount so assessed and pay such costs as may be in the discretion of the court be adjudged against it within thirty (30) days after the assessment. Whereupon, it shall and may be lawful for the electric utility to enter upon, use, and have the right-of-way over the lands forever. (c) In all cases in which the electric utility shall not pay or deposit the amount of damages assessed pursuant to this section, §§ 18-15-501 -- 18-15-506, § 18-15-508, and § 18-15-509 within thirty (30) days after the assessment, the electric utility shall forfeit all rights in the premises.
Arkansas
2020
Ark. Code 19-5-1154
Rural Broadband I.D. Expenses Trust Fund - Creation - Purpose - Definitions
Category: Funding and financing
Topic: Fund - Broadband
Creates the Rural I.D. Expenses Trust Fund to defray the costs incurred for local due-diligence feasibility studies of prospective federal broadband grant applicants.
State Code
(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, a trust fund to be known as the “Rural Broadband I.D. Expenses Trust Fund”.
(b) The Rural Broadband I.D. Expenses Trust Fund shall be used for one-time grants for the defrayment of expenses for broadband due-diligence business studies incurred by prospective federal broadband program applicants, in anticipation of and before application for funding from:
Arkansas
no date
Ark. Code 23-17-402
Legislative findings
Category: Other
Topic: Legislative Intent
Sets legislative intent related to modifying and removing telecommunications regulations to encourage private sector investment in the telecommunications marketplace and preserving universal service. Addresses the importance of broadband expansion to economic and educational opportunity.
State Code
It is the intent of the General Assembly in enacting this subchapter to: (1) Provide for a system of regulation of telecommunications services, consistent with the federal act, that assists in implementing the national policy of opening the telecommunications market to competition on fair and equal terms, modifies outdated regulation, eliminates unnecessary regulation, and preserves and advances universal service; (2) Recognize that a telecommunications provider that serves high-cost rural areas or exchanges faces unique circumstances that require special consideration and funding to assist in preserving and promoting universal service; (3) Recognize that the: (A) Widespread and timely deployment of broadband infrastructure is vital to the economic, educational, health, and social interests of Arkansas and its citizens; and (B) Arkansas High Cost Fund has enabled eligible telecommunications carriers to accelerate and promote the incremental extension and expansion of broadband services and other advanced services in rural or high-cost areas of the state beyond what would normally occur, and broadband services are now available in dozens of new communities to thousands of Arkansans who otherwise would not have access to broadband services and its benefits; (4) (A) Recognize differences between the small and large incumbent local exchange carriers, that there are customer-owned telephone cooperatives and small locally owned investor companies, and that it is appropriate to provide incentives and regulatory flexibility to allow incumbent local exchange carriers that serve the rural areas to provide existing services and to introduce new technology and new services in a prompt, efficient, and economical manner. (B) The General Assembly finds that the Arkansas Public Service Commission, when promulgating rules and regulations, should take into consideration the differences in operating conditions in the large and small incumbent local exchange carriers and the burdens placed on small carriers because of regulation; and (5) (A) Recognize that in areas of the state served by electing companies, telecommunications connections utilizing unregulated technologies such as wireless and Voice over Internet Protocol greatly outnumber traditional wireline connections that remain regulated by the commission. (B) The General Assembly finds that the removal of quality-of-service regulation of wireline services provided in the competitive exchanges of electing companies will serve to encourage private-sector investment in the telecommunications marketplace.
Arkansas
no date
Ark. Code 23-17-404
Preservation and promotion of universal service
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Allows the use of the Arkansas High Cost Fund to accelerate broadband expansion in rural areas.
State Code
(a) (1) The Arkansas High Cost Fund (AHCF) is established by this section in order to promote and assure the availability of universal service at rates that are reasonable and affordable and to provide for reasonably comparable services and rates between rural and urban areas. (2) The AHCF shall provide funding to an eligible telecommunications carrier that provides basic local exchange services and other supported services using its own facilities or a combination of its own facilities and another carrier's facilities by the eligible telecommunications carrier within its study area. (3) The AHCF shall be designed to provide predictable, sufficient, and sustainable funding to eligible telecommunications carriers serving rural or high-cost areas of the state. (4) The AHCF shall also be used to accelerate and promote the incremental extension and expansion of broadband services and other advanced services in rural or high-cost areas of the state beyond what would normally occur and support the Lifeline Assistance Program to eligible low-income customers. (b) (1) The AHCF is to provide a mechanism to restructure the present system of telecommunication service rates in the state as provided herein, and all telecommunications providers, except as prohibited by federal law, shall be charged for the direct and indirect value inherent in the obtaining and preserving of reasonable and comparable access to telecommunications services in the rural or high-cost areas. The value and utility of access to and interconnection with the public switched network will be lessened if the rural or high-cost areas do not have comparable access and subscribership. (2) (A) (i) This AHCF charge for all telecommunications providers shall be proportionate to each provider's Arkansas intrastate retail telecommunications service revenues. (ii) If the AHCF administrator determines or receives a petition from two-thirds (2/3) of the AHCF participants stating that the Arkansas intrastate retail telecommunications services revenues are inadequate to fully fund the AHCF requirements, the AHCF administrator shall notify the Arkansas Public Service Commission and the commission shall open a docket that will develop and implement a plan to fully fund the AHCF requirements.
Arkansas
no date
Ark. Code 23-17-409(b)
Authorization of competing local exchange carriers
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits local governments from providing broadband or other communications services, except through a government-owned electric utility or if the local government gets a grant for broadband, either on its own or through a public/private partnership.
State Code
(b) (1) Except as otherwise provided in subdivisions (b)(2) and (b)(5) of this section, a government entity may not provide, directly or indirectly, basic local exchange, voice, data, broadband, video, or wireless telecommunications services. (2) After reasonable notice to the public and a public hearing, a government entity owning an electric utility system or television signal distribution system may provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services and make any telecommunications capacity or associated facilities that the government entity now owns, or may construct or acquire, available to the public upon terms and conditions as may be established by the government entity's governing authority, except the government entity may not use the telecommunications capacity or associated facilities to provide, directly or indirectly, basic local exchange service. … (5) After reasonable notice to the public, a government entity may, on its own or in partnership with a private entity, apply for funding under a program for grants or loans to be used for the construction, acquisition, or leasing of facilities, land, or buildings used to deploy broadband service in unserved areas, as defined under the terms of the granting or lending program, and if the funding is awarded, then provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services to the public in the unserved areas.
Arkansas
no date
Ark. Code 23-17-409(c)
Authorization of competing local exchange carriers
Category: Infrastructure access
Topic: Pole attachments
Allows a governmental entity that operates an electric utility to deny a telecommunications provider access to its poles for reasons of safety, reliability, insufficient capacity, or engineering.
State Code
(c) A governmental entity that operates an electric utility system may deny any telecommunications provider access to its electric utility poles, ducts, conduits, or rights-of-way on a nondiscriminatory basis when there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.
Arkansas
2019
Ark. Code 23-17-501 et seq.
Small Wireless Facility Deployment Act
Category: Infrastructure access
Topic: Small cell facilities
Prohibits a governing authority from entering into an exclusive arrangement for using right-of-way for small wireless facilities. Requires installing small wireless facilities in the right-of-way to be a permitted use not subject to zoning review or approval. Places size limits on poles that house small cell facilities. Requires providers to repair any damage to the right-of-way that results from installing small cell facilities and specifies conditions under which a local authority can order the removal or replacement of poles. Regulates the aesthetic standards that local authorities are allowed to apply to small cell facilities. Requires local authorities to allow collocation of small wireless facilities on poles owned by the authority and abide by certain conditions. Specifies a process local that authorities must follow when issuing permits for small cell facilities, including limiting the fees that local authorities may charge.
State Code
An authority shall not enter into an exclusive arrangement with a person for use of the right-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, or replacement of poles for the collocation. … (a) Subject to this subchapter, a wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to collocate, maintain, modify, operate, and replace small wireless facilities and to install, maintain, modify, and replace poles it owns or manages or, with the permission of the owner, a third party's pole, associated with a small wireless facility, along, across, upon, and under the right-of-way.
Arkansas
2007
Ark. Code 23-18-801 et seq.
Broadband Over Power Lines Enabling Act
Category: Competition and regulation
Topic: Service Provision - Other
Allows an electric utility to operate a broadband system and provide broadband services over the utility’s electric delivery system, known as broadband over power lines. Addresses requirements of broadband-over-power-lines provision.
State Code
(a) An electric utility, an affiliate of an electric utility, or a person unaffiliated with an electric utility may own, construct, maintain, and operate a broadband system and provide broadband services on an electric utility's electric delivery system consistent with the requirements of this subchapter. (b) This subchapter does not require an electric utility to implement a broadband system, provide broadband services, or allow others to install broadband facilities or use the electric utility's facilities to provide broadband services. (c) An electric utility, a broadband affiliate, or a broadband operator may elect to install and operate a broadband system on part or all of its electric delivery system in any part or all of its certificated service territory.
Arkansas
no date
Ark. Code 25-4-102
Legislative findings and declaration of intent
Category: Competition and regulation
Topic: Service Provision - Other
Does not allow the Department of Information Technology to provide broadband to the public in competition with private sector providers and does not allow customers of the Department of Information Technology to use department facilities and services to provide service to the public in competition with private sector providers.
State Code
(1) In exercising its authority under § 25-4-105, the department shall competitively procure information technology except as provided in this subsection. (2) The department is not authorized by § 25-4-105 to provide information technology services, including telecommunications and broadband services, to the general public, other than nongovernmental first responder entities, in competition with private sector telecommunications and cable communications providers. (3) Customers of the department are not authorized to use information technology facilities and services provided by the department to provide telecommunications and broadband services to the general public in competition with private sector telecommunications and cable communications providers.
Arkansas
2019
Ark. Code 25-4-125
State Broadband Manager
Category: Broadband programs
Topic: Agency
Allows the governor to appoint the state broadband manager. Defines the position’s responsibilities, including serving as the single point of contact for state agencies, boards, and commissions and other broadband stakeholders; preparing and updating a state broadband plan; and preparing a semiannual report on activities for the governor and legislative committees.
State Code
(a) The Governor shall designate the State Broadband Manager. (b) The State Broadband Manager shall coordinate the state's efforts to expand and improve broadband capacity and availability by: (1) Serving as a single point of contact for: (A) State agencies, boards, commissions, and constitutional officers, including without limitation the Governor, Department of Education, Department of Higher Education, and Arkansas Department of Transportation; (B) Private businesses, enterprises, and broadband providers; (C) Nonprofit organizations; (D) Governmental entities and organizations organized under federal law or the law of another state; and (E) Individuals and entities that seek to assist the state's efforts to improve economic development, elementary education, and secondary education through the use of broadband technology; (2) Gathering, compiling, and maintaining information obtained independently or from an individual or entity described in subdivision (b)(1) of this section; (3) Formulating, updating, and maintaining a state broadband plan; and (4) On or before January 1 and July 1 of each year, filing a written report of the activities and operations of the State Broadband Manager for the preceding six (6) months with the: (A) Governor; (B) Legislative Council; and (C) Joint Committee on Advanced Communications and Information Technology.
Arkansas
2019
Ark. Code 4-164-303
Definitions
Category: Funding and financing
Topic: Financing - Other
Defines broadband as a capital improvement expense, meaning that local governments may issue bonds to construct it.
State Code
(2) "Capital improvements of a public nature" or "capital improvements" for the purposes of Arkansas Constitution, Amendment 62, and this subchapter means whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means: (xlv) Facilities and apparatus for voice, data, broadband, video, or wireless telecommunications services
Arkansas
no date
Ark. Code 6-47-502
Distance learning grants
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Requires education service cooperatives and school districts to coordinate with the Division of Elementary and Secondary Education to obtain E-rate funding as part of a grant program to support distance learning.
State Code
(a) (1) The Division of Elementary and Secondary Education shall develop grant standards and provide grants to education service cooperatives for acquiring equipment and receiving telecommunications services necessary for each school district to have distance learning availability. … (c) Education service cooperatives and school districts shall coordinate with the department to seek to obtain the benefits of the Federal Communications Commission's E-rate program.
California
2018
Calif. Civ. Code 3100
Internet neutrality
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband service as a mass-market retail service that allows customers to transmit or receive data to or from internet endpoints by wire or radio.
State Code
(b) “Broadband Internet access service” means a mass-market retail service by wire or radio provided to customers in California that provides the capability to transmit data to, and receive data from, all or substantially all Internet endpoints, including, but not limited to, any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. “Broadband Internet access service” also encompasses any service provided to customers in California that provides a functional equivalent of that service or that is used to evade the protections set forth in this title.
California
2018
Calif. Civ. Code 3101
Internet Neutrality
Category: Competition and regulation
Topic: Net Neutrality
Defines unlawful activities for fixed internet service providers, including blocking lawful content and applications, impairing or degrading internet lawful traffic, engaging in paid prioritization, selectively providing a zero rating within a category, and unreasonably interfering with an end user’s access to content. Applies the same provisions to mobile service providers offering mobile broadband service.
State Code
(a) It shall be unlawful for a fixed Internet service provider, insofar as the provider is engaged in providing fixed broadband Internet access service, to engage in any of the following activities: (1) Blocking lawful content, applications, services, or nonharmful devices, subject to reasonable network management. (2) Impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management. (3) Requiring consideration, monetary or otherwise, from an edge provider, including, but not limited to, in exchange for any of the following: (A) Delivering Internet traffic to, and carrying Internet traffic from, the Internet service provider’s end users. (B) Avoiding having the edge provider’s content, application, service, or nonharmful device blocked from reaching the Internet service provider’s end users. (C) Avoiding having the edge provider’s content, application, service, or nonharmful device impaired or degraded. (4) Engaging in paid prioritization. (5) Engaging in zero-rating in exchange for consideration, monetary or otherwise, from a third party. (6) Zero-rating some Internet content, applications, services, or devices in a category of Internet content, applications, services, or devices, but not the entire category. (7) (A) Unreasonably interfering with, or unreasonably disadvantaging, either an end user’s ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of the end user’s choice, or an edge provider’s ability to make lawful content, applications, services, or devices available to end users. Reasonable network management shall not be a violation of this paragraph. (B) Zero-rating Internet traffic in application-agnostic ways shall not be a violation of subparagraph (A) provided that no consideration, monetary or otherwise, is provided by any third party in exchange for the Internet service provider’s decision whether to zero-rate traffic. (8) Failing to publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of those services and for content, application, service, and device providers to develop, market, and maintain Internet offerings. (9) Engaging in practices, including, but not limited to, agreements, with respect to, related to, or in connection with, ISP traffic exchange that have the purpose or effect of evading the prohibitions contained in this section and Section 3102. Nothing in this paragraph shall be construed to prohibit Internet service providers from entering into ISP traffic exchange agreements that do not evade the prohibitions contained in this section and Section 3102. (b) It shall be unlawful for a mobile Internet service provider, insofar as the provider is engaged in providing mobile broadband Internet access service, to engage in any of the activities described in paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9) of subdivision (a).
California
2017
Calif. EDC Code 11800
K-12 high-speed internet connectivity for the public school system
Category: Competition and regulation
Topic: Service Provision - Other
Establishes the K-12 High-Speed Network (HSN) to expand high-bandwidth internet connectivity to the public school system and establishes the California Education Network composed of the California Research and Education Network and the K-12 HSN. Defines the services of the K-12 HSN to include providing reliable, cost-effective internet service and securing interconnectivity among public school entities and with higher education institutions. Defines the composition and responsibilities of the advisory board and for the lead education agency.
State Code
(a) (1) The K–12 High-Speed Network (K–12 HSN) is hereby established for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing high-speed, high-bandwidth Internet connectivity to the public school system, as defined by Section 6 of Article IX of the California Constitution. (2) The California Education Network is hereby established, consisting of the California Research and Education Network (CalREN) and the K–12 HSN. (b) The Superintendent shall collect the information necessary to measure the success of the K–12 HSN and ensure that the benefits of the K–12 HSN are maximized to the extent possible. The K–12 HSN shall provide critical services and functions for public primary and secondary local educational agencies, including, but not limited to, all of the following: (1) Reliable and cost-effective Internet service. (2) Reliable and secure interconnectivity among public school entities offering kindergarten or any of grades 1 to 12, inclusive, in California, connection to higher education institutions of California, and connection to state and local agencies to facilitate efficient interaction, including transmission of data. (3) Videoconferencing and related distance learning capabilities. (4) Statewide coordination of network uses to benefit teaching and learning. (c) The Superintendent shall use a competitive grant process to select a local educational agency to serve as the lead education agency to administer the K–12 HSN on behalf of the Superintendent. (d) The Superintendent shall establish a K–12 HSN advisory board to be composed of all of the following members: (1) The Superintendent, or his or her designee. (2) The county superintendent of schools of the lead education agency. (3) A county superintendent of schools of a county with an average daily attendance of more than 60,000 pupils, appointed by the Superintendent. The member appointed pursuant to this paragraph shall serve a renewable two-year term. (4) Three school district superintendents, appointed by the Superintendent. Members appointed pursuant to this paragraph shall represent school districts that are diverse as to geography and size, and that serve socioeconomically and culturally diverse pupil populations. Members appointed pursuant to this paragraph shall serve renewable two-year terms. (5) Two county superintendents of schools appointed by the majority of the votes of all of the county superintendents of schools. Members appointed pursuant to this paragraph shall serve renewable two-year terms. (6) Three schoolsite representatives, who shall include not less than two classroom teachers or instructional specialists. Members appointed pursuant to this paragraph shall serve renewable two-year terms. (7) The president of the state board or his or her designee. (e) The advisory board shall meet quarterly and shall recommend policy direction and broad operational guidance to the Superintendent and the lead education agency. The advisory board, in consultation with the lead education agency, shall develop recommendations for measuring the success of the network, improving network oversight and monitoring, strengthening accountability, and optimizing the use of the K–12 HSN and its ability to improve education. The advisory board shall report its recommendations to the Legislature, the Governor, the Department of Finance, the president of the state board or his or her designee, and the Legislative Analyst’s Office by March 1, 2007. It is the intent of the Legislature that the report identify and recommend specific annual performance measures that should be established to assess the effectiveness of the network.
California
2019
Calif. EDC Code 17072.35
New Construction Funding Process
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Allows the 2020 State School Facilities Fund to support site-based broadband infrastructure as part of new school construction projects.
State Code
A grant for new construction may be used for any and all costs necessary to adequately house new pupils in any approved project, and those costs may only include the cost of design, engineering, testing, inspection, plan checking, construction management, site acquisition and development, evaluation and response action costs relating to hazardous substances at a new or existing schoolsite, demolition, construction, acquisition and installation of portable classrooms, landscaping, necessary utility costs, utility connections and other fees, equipment including telecommunication equipment to increase school security, furnishings, and the upgrading of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology. A grant for new construction may also be used to acquire an existing government or privately owned building, or a privately financed school building, and for the necessary costs of converting the government or privately owned building for public school use. A grant for new construction may also be used for the costs of designs and materials that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high performance schools.
California
2019
Calif. EDC Code 17074.25
Modernization Apportionment
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Allows the 2020 State School Facilities Fund to support site-based broadband infrastructure as part of school modernization projects.
State Code
(a) A modernization apportionment may be used for an improvement to extend the useful life of, or to enhance the physical environment of, the school. The improvement may only include the cost of design, engineering, testing, inspection, plan checking, construction management, demolition, construction, the replacement of portable classrooms, necessary utility costs, utility connection and other fees, the purchase and installation of air-conditioning equipment and insulation materials and related costs, furniture and equipment, including telecommunication equipment to increase school security, fire safety improvements, playground safety improvements, the identification, assessment, or abatement of hazardous asbestos, seismic safety improvements, and the upgrading of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology. A modernization grant may not be used for costs associated with acquisition and development of real property or for routine maintenance and repair.
California
2020
Calif. Executive Order N-73-20
Calif. Executive Order N-73-20 (Goal)
Category: Broadband programs
Topic: Goal
Sets a goal for achieving universal download speeds of 100 megabits per second (Mbps) speed by 2022.
State Code
California state agencies subject to my authority are directed to pursue a minimum broadband speed goal of 100 megabits per second download speed to guide infrastructure investments and program implementation to benefit all Californians.
California
2020
Calif. Executive Order N-73-20
Calif. Executive Order N-73-20 (Mapping)
Category: Broadband programs
Topic: Mapping
Directs the California Public Utilities Commission to lead data aggregation and mapping efforts in collaboration with the California State Transportation Agency and other relevant state agencies, local and tribal governments, and regional consortia.
State Code
The California Public Utilities Commission (CPUC) is requested to lead data aggregation and mapping efforts in collaboration with the California State Transportation Agency (CalSTA) and other relevant state agencies, local and tribal governments, and regional consortia. These efforts should address:
a. Locations without broadband access;
b. Information on public and private broadband network infrastructure;
c. State-owned infrastructure and rights of way;
d. The costs of deploying various middle and last-mile network components; and
e. Information to support the development of local broadband infrastructure deployment and digital equity plans.
California
2020
Calif. Executive Order N-73-20
Calif. Executive Order N-73-20 (Plan)
Category: Broadband programs
Topic: Plan
Directs the California Broadband Council to create by Dec. 31, 2020, a new state broadband action plan that incorporates the goal of achieving 100 megabits per second by 2022 and to review the plan annually.
State Code
The California Broadband Council is requested to create a new State Broadband Action Plan by December 31, 2020, and to review the plan annually thereafter. The California Department of Technology’s Office of Broadband and Digital Literacy is directed to support and monitor implementation of the Plan and this Executive Order. The Plan shall incorporate the 100 megabits per second goal, and include the following elements:
a. A roadmap to accelerate the deployment and adoption of broadband by state agencies and to support such deployment and adoption by local governments.
b. Publicly accessible information on all federal and state funding opportunities and eligibility requirements.
c. Provisions to maximize the inclusion of tribal lands in all broadband access and adoption opportunities developed in consultation with tribal governments.
California
2018
Calif. Gov. 53395.3.2
General Provisions
Category: Funding and financing
Topic: Financing - Other
Authorizes designated infrastructure financing districts to raise money to pay for public capital facilities of communitywide significance, which can include broadband-related projects, and allows them to transfer the operations and management of broadband facilities to authorized local agencies.
State Code
(a) In addition to the projects authorized by Section 53395.3, any infrastructure financing district may finance public capital facilities or projects that include broadband. A district that finances public capital facilities or projects that include broadband may transfer the management and operation of any broadband facilities that were financed to a local agency that is authorized to provide broadband Internet access service, and that local agency when providing that service shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5.
(b) For purposes of this section, “broadband” means communications network facilities that enable high-speed Internet access.
California
2018
Calif. Gov. 53398.52
General Provisions
Category: Funding and financing
Topic: Financing - Other
Creates infrastructure financing districts to raise money to pay for public capital facilities of communitywide significance, which can include broadband-related projects. Districts may finance the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of property with an estimated useful life of 15 years or more, but they may not finance routine maintenance, repairs, ongoing operational expenses, or service provision. Authorizes infrastructure financing districts to acquire, construct, own, or operate broadband internet service and allows them to transfer the operations and management of broadband facilities to authorized local agencies.
State Code
(a) (1) A district may finance any of the following:
(A) The purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer that satisfies the requirements of subdivision (b).
(B) The planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of property.
(C) The costs described in Sections 53398.56 and 53398.57.
(D) (i) The ongoing or capitalized costs to maintain public capital facilities financed in whole or in part by the district.
(ii) Notwithstanding clause (i), a district shall not use the proceeds of bonds issued pursuant to the authority in Article 4 (commencing with Section 53398.77) to finance maintenance of any kind.
(2) The facilities are not required to be physically located within the boundaries of the district. However, any facilities financed outside of a district shall have a tangible connection to the work of the district, as detailed in the infrastructure financing plan adopted pursuant to Section 53398.69.
(3) A district shall not finance the costs of an ongoing operation or providing services of any kind.
(b) The district shall finance only public capital facilities or other specified projects of communitywide significance that provide significant benefits to the district or the surrounding community, including, but not limited to, all of the following:
(1) Highways, interchanges, ramps and bridges, arterial streets, parking facilities, and transit facilities.
(2) Sewage treatment and water reclamation plants and interceptor pipes.
(3) Facilities for the collection and treatment of water for urban uses.
(4) Flood control levees and dams, retention basins, and drainage channels.
(5) Child care facilities.
(6) Libraries.
(7) Parks, recreational facilities, and open space.
(8) Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles.
(9) Brownfield restoration and other environmental mitigation.
(10) The development of projects on a former military base, provided that the projects are consistent with the military base authority reuse plan and are approved by the military base reuse authority, if applicable.
(11) The repayment of the transfer of funds to a military base reuse authority pursuant to Section 67851 that occurred on or after the creation of the district.
(12) The acquisition, construction, or rehabilitation of housing for persons of very low, low, and moderate income, as defined in Sections 50105 and 50093 of the Health and Safety Code, for rent or purchase.
(13) Acquisition, construction, or repair of industrial structures for private use.
(14) Transit priority projects, as defined in Section 21155 of the Public Resources Code, that are located within a transit priority project area. For purposes of this paragraph, a transit priority project area may include a military base reuse plan that meets the definition of a transit priority project area and it may include a contaminated site within a transit priority project area.
(15) Projects that implement a sustainable communities strategy, when the State Air Resources Board, pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7, has accepted a metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.
(16) Projects that enable communities to adapt to the impacts of climate change, including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vector-borne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought.
(17) Port or harbor infrastructure, as defined by Section 1698 of the Harbors and Navigation Code.
(18) The acquisition, construction, or improvement of broadband Internet access service. For purposes of this section, “broadband Internet access services” has the same meaning as defined in Section 53167. A district that acquires, constructs, or improves broadband Internet access service may transfer the management and control of those facilities to a local agency that is authorized to provide broadband Internet access service, and that local agency when providing that service shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5.
(c) The district shall require, by recorded covenants or restrictions, that housing units built pursuant to this section shall remain available at affordable housing costs to, and occupied by, persons and families of very low, low, or moderate income for the longest feasible time, but for not less than 55 years for rental units and 45 years for owner-occupied units.
(d) The district may finance mixed-income housing developments, but may finance only those units in such a development that are restricted to occupancy by persons of very low, low, or moderate incomes as defined in Sections 50105 and 50093 of the Health and Safety Code, and those onsite facilities for child care, after school care, and social services that are integrally linked to the tenants of the restricted units.
(e) A district may utilize any powers under either the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1 of Division 24 of the Health and Safety Code) or Chapter 6.10 (commencing with Section 25403) of Division 20 of the Health and Safety Code, and finance any action necessary to implement that act.
California
2018
Calif. Gov. 61100
Authorized Services and Facilities
Category: Competition and regulation
Topic: Municipal Broadband
Defines the services and facilities that can be provided by a community services district, including construction, ownership, improvement, maintenance, and operation of broadband facilities and provision of broadband service. If a private provider is willing to operate broadband facilities and provide internet services, the district may transfer or lease its facilities to that entity.
State Code
(af) Construct, own, improve, maintain, and operate broadband facilities and provide broadband services. For purposes of this section, broadband has the same meaning as in subdivision (a) of Section 5830 of the Public Utilities Code. A district shall comply with Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5 when providing broadband services pursuant to this subdivision. If the district later determines that a private person or entity is ready, willing, and able to acquire, construct, improve, maintain, and operate broadband facilities and to provide broadband services, and to sell those services at a comparable cost and quality of service as provided by the district, the district may do one of the following:
California
2016
Calif. Gov. Code 14051
Activities
Category: Infrastructure access
Topic: Rights-of-way (Dig once)
Promotes collaboration among the Department of Transportation and companies and organizations working on broadband deployment by requiring the department to notify those entities during the planning phase of department-led highway construction projects suitable for broadband conduit installation. Requires the Department of Transportation to develop guidelines to facilitate broadband conduit installation on state highway right of way.
State Code
(a) For purposes of this section, “companies or organizations working on broadband deployment” includes, but is not limited to, local governments, nonprofit organizations, cable television corporations, as defined in Section 216.4 of the Public Utilities Code, and telephone corporations, as defined in Section 234 of the Public Utilities Code. (b) (1) During the project planning phase of a department-led highway construction project that was initiated on or after January 1, 2017, is parallel to the highway, and involves construction methods that are suitable for installing broadband conduit, the department shall notify companies and organizations working on broadband deployment of the project on its Internet Web site to encourage collaborative broadband installations. (2) For the purpose of supporting fiber optic communication cables, after receiving notification from the department, a company or organization working on broadband deployment may collaborate with the department to install a broadband conduit as part of the project. (3) The department, in consultation with stakeholders, on or before January 1, 2018, shall develop guidelines to facilitate the installation of broadband conduit on state highway rights-of-way. The guidelines shall address access to information on existing assets and collaboration on future projects.
California
2018
Calif. Gov. Code 25213
Services and Facilities
Category: Competition and regulation
Topic: Municipal Broadband
Authorizes any municipal corporation to acquire, construct, own, or operate broadband internet service.
State Code
A county service area may provide any governmental service and facility within the county service area that the county is authorized to perform and that the county does not perform to the same extent on a countywide basis, including, but not limited to, services and facilities for any of the following:
(a) Law enforcement and police protection.
(b) Fire protection, fire suppression, vegetation management, search and rescue, hazardous material emergency response, and ambulances.
(c) Recreation, including, but not limited to, parks, parkways, and open space.
(d) Libraries.
(e) Television translator stations and low-power television services.
(f) Supplying water for any beneficial uses.
(g) The collection, treatment, or disposal of sewage, wastewater, recycled water, and stormwater.
(h) The surveillance, prevention, abatement, and control of pests, vectors, and vectorborne diseases.
(i) The acquisition, construction, improvement, and maintenance, including, but not limited to, street sweeping and snow removal, of public streets, roads, bridges, highways, rights-of-way, easements, and any incidental works.
(j) The acquisition, construction, improvement, maintenance, and operation of street lighting and landscaping on public property, rights-of-way, and easements.
(k) The collection, transfer, handling, and disposal of solid waste, including, but not limited to, source reduction, recycling, and composting.
(l) Funding for land use planning within the county service area by a planning agency established pursuant to Article 1 (commencing with Section 65100) of Chapter 3 of Title 7, including, but not limited to, an area planning commission.
(m) Soil conservation.
(n) Animal control.
(o) Funding for the services of a municipal advisory council established pursuant to Section 31010.
(p) Transportation.
(q) Geologic hazard abatement on public or private property or structures where the board of supervisors determines that it is in the public interest to abate geologic hazards.
(r) Cemeteries.
(s) The conversion of existing overhead electrical and communications facilities, with the consent of the public agency or public utility that owns the facilities, to underground locations pursuant to Chapter 28 (commencing with Section 5896.1) of Part 3 of Division 7 of the Streets and Highways Code.
(t) Emergency medical services.
(u) Airports.
(v) Flood control and drainage.
(w) The acquisition, construction, improvement, maintenance, and operation of community facilities, including, but not limited to, cultural facilities, child care centers, community centers, libraries, museums, and theaters.
(x) Open-space and habitat conservation, including, but not limited to, the acquisition, preservation, maintenance, and operation of land to protect unique, sensitive, threatened, or endangered species, or historical or culturally significant properties. Any setback or buffer requirements to protect open-space or habitat lands shall be owned by a public agency and maintained by the county service area so as not to infringe on the customary husbandry practices of any neighboring commercially productive agricultural, timber, or livestock operations.
(y) The abatement of graffiti.
(z) The abatement of weeds and rubbish.
(aa) The acquisition, construction, improvement, maintenance, or operation of broadband Internet access service. For purposes of this section, “broadband Internet access service” has the same meaning as defined in Section 53167. A county service area that acquires, constructs, improves, maintains, or operates broadband Internet access service shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5.
California
2014
Calif. Gov. Code 53395.3.2
General provisions
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband as communications network facilities that enable high-speed internet access.
State Code
(b) For purposes of this section, “broadband” means communications network facilities that enable high-speed Internet access.
California
2017
Calif. Gov. Code 65850.6
Adoption of regulations
Category: Infrastructure access
Topic: Wireless facilities
Makes co-location facilities a permitted use not subject to a discretionary permit from a city or county if the co-location is consistent with requirements for the wireless facility on which the co-location is proposed and that wireless facility was subject to discretionary review and an environmental impact report in compliance with the California Environmental Quality Act. Wireless telecommunications facilities where subsequent co-locations are allowed are subject to discretionary review and must comply with city and county requirements related to height and massing, as well as aesthetics and design requirements.
State Code
(a) A colocation facility shall be a permitted use not subject to a city or county discretionary permit if it satisfies the following requirements: (1) The colocation facility is consistent with requirements for the wireless telecommunications colocation facility pursuant to subdivision (b) on which the colocation facility is proposed. (2) The wireless telecommunications colocation facility on which the colocation facility is proposed was subject to a discretionary permit by the city or county and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunications colocation facility in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code); the requirements of Section 21166 do not apply; and the colocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration. (b) A wireless telecommunications colocation facility, where a subsequent colocation facility is a permitted use not subject to a city or county discretionary permit pursuant to subdivision (a), shall be subject to a city or county discretionary permit issued on or after January 1, 2007, and shall comply with all of the following: (1) City or county requirements for a wireless telecommunications colocation facility that specifies types of wireless telecommunications facilities that are allowed to include a colocation facility, or types of wireless telecommunications facilities that are allowed to include certain types of colocation facilities; height, location, bulk, and size of the wireless telecommunications colocation facility; percentage of the wireless telecommunications colocation facility that may be occupied by colocation facilities; and aesthetic or design requirements for the wireless telecommunications colocation facility. (2) City or county requirements for a proposed colocation facility, including any types of colocation facilities that may be allowed on a wireless telecommunications colocation facility; height, location, bulk, and size of allowed colocation facilities; and aesthetic or design requirements for a colocation facility. (3) State and local requirements, including the general plan, any applicable community plan or specific plan, and zoning ordinance. (4) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) through certification of an environmental impact report, or adoption of a negative declaration or mitigated negative declaration. (c) The city or county shall hold at least one public hearing on the discretionary permit required pursuant to subdivision (b) and notice shall be given pursuant to Section 65091, unless otherwise required by this division.
California
2006
Calif. Gov. Code 65964
Development permits for classes of projects
Category: Infrastructure access
Topic: Wireless facilities
Enumerates things that cities and counties cannot do as conditions of approval for a permit for construction of a wireless telecommunications facility, including require an escrow deposit for removal of a facility, limit the duration of a permit to less than 10 years, or require that facilities be limited to sites owned by parties within the jurisdiction.
State Code
As a condition of approval of an application for a permit for construction or reconstruction for a development project for a wireless telecommunications facility, as defined in Section 65850.6, a city or county shall not do any of the following: (a) Require an escrow deposit for removal of a wireless telecommunications facility or any component thereof. However, a performance bond or other surety or another form of security may be required, so long as the amount of the bond security is rationally related to the cost of removal. In establishing the amount of the security, the city or county shall take into consideration information provided by the permit applicant regarding the cost of removal. (b) Unreasonably limit the duration of any permit for a wireless telecommunications facility. Limits of less than 10 years are presumed to be unreasonable absent public safety reasons or substantial land use reasons. However, cities and counties may establish a build-out period for a site. (c) Require that all wireless telecommunications facilities be limited to sites owned by particular parties within the jurisdiction of the city or county.
California
2015
Calif. Gov. Code 65964.1
Development permits for classes of projects
Category: Infrastructure access
Topic: Wireless facilities
Defines conditions under which an application for siting a wireless telecommunications facility will be deemed approved, including if the city or county fails to approve the application within a reasonable time, and the applicant has provided appropriate public notice and notice to the city or county that the reasonable time has lapsed and that the application is deemed approved.
State Code
(a) A collocation or siting application for a wireless telecommunications facility, as defined in Section 65850.6, shall be deemed approved if all of the following occur: (1) The city or county fails to approve or disapprove the application within a reasonable period of time in accordance with the time periods and procedures established by applicable FCC decisions. The reasonable period of time may be tolled to accommodate timely requests for information required to complete the application or may be extended by mutual agreement between the applicant and the local government, consistent with applicable FCC decisions. (2) The applicant has provided all public notices regarding the application that the applicant is required to provide under applicable laws consistent with the public notice requirements for the application. (3) (A) The applicant has provided notice to the city or county that the reasonable time period has lapsed and that the application is deemed approved pursuant to this section. (B) Within 30 days of the notice provided pursuant to subparagraph (A), the city or county may seek judicial review of the operation of this section on the application. (b) This section does not apply to eligible facilities requests. (c) The Legislature finds and declares that a wireless telecommunications facility has a significant economic impact in California and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, but is a matter of statewide concern.
California
2019
Calif. Gov. Code 8885-8889
California Broadband Council
Category: Broadband programs
Topic: Task Force
Establishes the California Broadband Council to promote broadband deployment in unserved and underserved areas and broadband adoption in all areas of the state. Defines the membership and duties of the council, including ensuring that state agencies share information to maximize opportunities for federal and private funding and identifying opportunities for state agencies and state broadband networks to share resources for broadband deployment and adoption.
State Code
8885. The California Broadband Council is established in state government for the purpose of promoting broadband deployment in unserved and underserved areas of the state, as defined by the Public Utilities Commission, and broadband adoption throughout the state for the benefit of all Californians. 8886. (a) The membership of the California Broadband Council shall include all of the following: (1) The Director of Technology, or the director’s designee. (2) The President of the Public Utilities Commission, or the president’s designee. (3) The Director of Emergency Services, or the director’s designee. (4) The Superintendent of Public Instruction, or the Superintendent’s designee. (5) The Director of General Services, or the director’s designee. (6) The Secretary of Transportation, or the secretary’s designee. (7) The President of the California Emerging Technology Fund, or the president’s designee. (8) The Secretary of Food and Agriculture, or the secretary’s designee. (9) The State Librarian, or the librarian’s designee. (10) The Governor’s Tribal Advisor, or the advisor’s designee. (11) A Member of the Senate, appointed by the Senate Committee on Rules. (12) A Member of the Assembly, appointed by the Speaker of the Assembly. (b) Members of the Legislature appointed to the council shall participate in the activities of the council to the extent that their participation is not incompatible with their positions as Members of the Legislature.
California
2018
Calif. PUC Code 10001.5
Acquisition and Operation
Category: Competition and regulation
Topic: Municipal Broadband
Requires municipal corporations that provide broadband to comply with Calif. Gov. Code 53167.
State Code
A municipal corporation that provides broadband Internet access services shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code
California
2018
Calif. PUC Code 12801.5
Utility Works and Service
Category: Competition and regulation
Topic: Municipal Broadband
Requires districts that provide broadband service to comply with Calif. Gov. Code 53167.
State Code
A district that provides broadband Internet access services shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code.
California
2018
Calif. PUC Code 16461.10
Utility Works and Services
Category: Competition and regulation
Topic: Municipal Broadband
Requires districts that provide broadband to comply with Calif. Gov. Code 53167.
State Code
A district that provides broadband Internet access services shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code.
California
2018
Calif. PUC Code 275.6
Advisory boards
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Directs the Public Utilities Commission to exercise its regulatory authority to maintain the California High-Cost Fund-A Administrative Committee program and provide universal service rate support to small independent telephone corporations. Enables rate-of-return regulations to facilitate the state’s universal service commitment of affordable and widely available communications services in rural areas. Promotes customer access to advanced services and broadband deployment in rural areas, consistent with national policy. States that the commission should include the investments necessary for both high-quality voice service communications services and broadband-capable facilities.
State Code
(a) The commission shall exercise its regulatory authority to maintain the California High-Cost Fund-A Administrative Committee Fund program (CHCF-A program) to provide universal service rate support to small independent telephone corporations in amounts sufficient to meet the revenue requirements established by the commission through rate-of-return regulation in furtherance of the state’s universal service commitment to the continued affordability and widespread availability of safe, reliable, high-quality communications services in rural areas of the state. (b) For purposes of this section, the following terms have the following meanings: (1) “Carrier of last resort” means a telephone corporation that is required to fulfill all reasonable requests for service within its service territory. (2) “Rate base” means the value of a telephone corporation’s plant and equipment that is reasonably necessary to provide regulated voice services and access to advanced services, and upon which the telephone corporation is entitled to a fair opportunity to earn a reasonable rate of return. (3) “Rate design” means the mix of end user rates, high-cost support, and other revenue sources that are targeted to provide a fair opportunity to meet the revenue requirement of the telephone corporation. (4) “Rate-of-return regulation” means a regulatory structure whereby the commission establishes a telephone corporation’s revenue requirements, and then fashions a rate design to provide the company a fair opportunity to meet the revenue requirement. (5) “Revenue requirement” means the amount that is necessary for a telephone corporation to recover its reasonable expenses and tax liabilities and earn a reasonable rate of return on its rate base. (6) “Small independent telephone corporations” are rural incumbent local exchange carriers subject to commission regulation. (c) In administering the CHCF-A program the commission shall do all of the following: (1) Continue to set rates to be charged by the small independent telephone corporations in accordance with Sections 451, 454, 455, and 728. (2) Employ rate-of-return regulation to determine a small independent telephone corporation’s revenue requirement in a manner that provides revenues and earnings sufficient to allow the telephone corporation to deliver safe, reliable, high-quality voice communication service and fulfill its obligations as a carrier of last resort in its service territory, and to afford the telephone corporation a fair opportunity to earn a reasonable return on its investments, attract capital for investment on reasonable terms, and ensure the financial integrity of the telephone corporation. (3) Ensure that rates charged to customers of small independent telephone corporations are just and reasonable and are reasonably comparable to rates charged to customers of urban telephone corporations. (4) Provide universal service rate support from the California High-Cost Fund-A Administrative Committee Fund to small independent telephone corporations in an amount sufficient to supply the portion of the revenue requirement that cannot reasonably be provided by the customers of each small independent telephone corporation after receipt of federal universal service rate support. (5) Promote customer access to advanced services and deployment of broadband-capable facilities in rural areas that is reasonably comparable to that in urban areas, consistent with national communications policy. (6) Include all reasonable investments necessary to provide for the delivery of high-quality voice communication services and the deployment of broadband-capable facilities in the rate base of small independent telephone corporations. (7) Ensure that support is not excessive so that the burden on all contributors to the CHCF-A program is limited. (d) In order to participate in the CHCF-A program, a small independent telephone corporation shall meet all of the following requirements: (1) Be subject to rate-of-return regulation. (2) Be subject to the commission’s regulation of telephone corporations pursuant to this division. (3) Be a carrier of last resort in their service territory. (4) Qualify as a rural telephone company under federal law (47 U.S.C. Sec. 153(44)). (e) Upon request from the commission, a small independent telephone corporation that receives support from the CHCF-A program shall provide information regarding revenues derived from the provision of unregulated Internet access service by that corporation or its affiliate within that corporation’s telephone service territory. The commission shall treat as confidential any information provided pursuant to this subdivision. (f) The commission shall structure the CHCF-A program so that any charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers. (g) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
California
2020
Calif. PUC Code 281
Advisory Boards (Goal)
Category: Broadband programs
Topic: Goal
Sets a goal for the California Advanced Services Fund program of supporting infrastructure projects sufficient to provide broadband access to at least 98% of households in each consortia region no later than Dec. 31, 2022; regions must be identified by the Public Utility Commission on or before Jan. 1, 2017.
State Code
The goal of the program is, no later than December 31, 2022, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission on or before January 1, 2017. The commission shall be responsible for achieving the goals of the program.
California
2020
Calif. PUC Code 281
Advisory Boards (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines an “unserved household” as having no facility-based broadband provider that offers service with download speeds of at least 6 megabits per second (Mbps) and upload speeds of 1 Mbps.
State Code
(B) (i) Except as provided in clause (ii), for purposes of this section, “unserved household” means a household for which no facility-based broadband provider offers broadband service at speeds of at least 6 megabits per second (mbps) downstream and one mbps upstream.
California
2020
Calif. PUC Code 281
Advisory Boards (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
For the purposes of the Rural Digital Opportunity Fund, defines an “unserved household” as having no facility-based broadband provider that offers service at speeds consistent with FCC standards, pursuant to In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126, Report and Order, FCC 20-5.
State Code
(ii) For projects funded, in whole or in part, from moneys received from the federal Rural Digital Opportunity Fund, “unserved household” means a household for which no facility-based broadband provider offers broadband service at speeds consistent with the standards established by the Federal Communications Commission pursuant to In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126, Report and Order, FCC 20-5 (adopted January 30, 2020, and released February 7, 2020), or as it may be later modified by the Federal Communications Commission.
California
2020
Calif. PUC Code 281
Advisory Boards (Fund - Other)
Category: Funding and financing
Topic: Fund - Other
Directs the Public Utilities Commission (PUC) to approve projects that provide last-mile broadband to unserved households with priority for areas that only have access to dial-up internet connectivity and are not served by any form of wireline or wireless facility-based broadband service or that have no connectivity.
Directs the PUC to establish multiple accounts within the broadband fund and defines purposes and funding amounts for the Broadband Infrastructure Grant Account ($300 million), the Rural and Urban Regional Broadband Consortia Grant Account ($10 million), and the Broadband Adoption Account ($20 million).
Projects funded through the Broadband Infrastructure Grant Account must be made on a technology-neutral basis and provide download speeds of at least 10 megabits per second (Mbps) and uploads of 1 Mbps to areas where current speeds are less than 6 Mbps download and 1 Mbps upload and are not located in a census block where an existing facility-based provider accepted Connect America Fund II monies before July 1, 2020. Makes up to $5 million in grants available to individual households or property owners for extension of a line to their property.
The Broadband Adoption Account is for use in increasing publicly available or after-school broadband access and digital inclusion in communities with limited broadband adoption, with preference for communities with demonstrated low access, including those with socioeconomic barriers to adoption and senior communities.
Authorizes use of the Rural and Urban Regional Broadband Consortia Grant Account for grants to eligible consortia to facilitate deployment of broadband services by assisting infrastructure applicants with project development or grant application. Requires each consortium to conduct an annual audit of its grant account funded expenditures, detailing the activities completed and project applications assisted.
Redirects all money remaining in the Broadband Infrastructure Revolving Loan Account as of Jan. 1, 2018, to the Rural and Urban Regional Broadband Consortia Grant Account.
Authorizes use of up to $20 million deposited on or before Jan. 1, 2018, in the Broadband Public Housing Account for the PUC to award grants and loans to an eligible publicly subsidized housing community to connect that community to a broadband network. To be eligible, a publicly subsidized community must verify that it has not denied a right of access to any broadband provider that is willing to connect the facility for which the grant or loan is being sought and that the community is unserved. After all available funds have been awarded, a publicly supported community may apply for funding from the Broadband Public Housing Account if the residential units to be served have or will have access to broadband services when the funding is implemented.
Makes up to $5 million deposited into the Broadband Public Housing Account on or before Jan. 1, 2018, available for grants and loans to increase broadband adoption rates in publicly subsidized communities. Directs the PUC to approve projects funded by the account in a manner that reflects the statewide distribution of subsidized communities and to consider the availability of other funding sources, such as public or private broadband programs. Redirects any money from the account that was unused by Dec. 31, 2020, to the Broadband Infrastructure Grant Account.
Makes money in the Broadband Adoption Account available for grants to expand public or after school broadband access, digital literacy programs, and public education to communities with limited broadband adoption, including those that are low-income, predominately older adults, and that face socioeconomic barriers to broadband adoption. Directs the PUC to develop, by June 30, 2018, criteria for awarding grants and a process for verifying outcomes and to prioritize communities with low broadband access.
State Code
(2) In approving infrastructure projects, the commission shall do both of the following:
(A) Approve projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider, and, upon accomplishment of the goal of the program specified in paragraph (1), also approve projects pursuant to paragraph (15) of subdivision (f).
(B) (i) Give preference to projects in areas where internet connectivity is available only through dial-up service that are not served by any form of wireline or wireless facility-based broadband service or areas with no internet connectivity.
(ii) This subparagraph does not prohibit the commission from approving funding for projects outside of the areas specified in clause (i).
(c) The commission shall establish the following accounts within the fund:
(1) The Broadband Infrastructure Grant Account.
(2) The Rural and Urban Regional Broadband Consortia Grant Account.
(3) The Broadband Public Housing Account.
(4) The Broadband Adoption Account.
(d) (1) The commission shall transfer the moneys received by the commission from the surcharge imposed to fund the accounts to the Controller for deposit in the California Advanced Services Fund. Moneys collected shall be deposited in the following amounts in the following accounts:
(A) Three hundred million dollars ($300,000,000) into the Broadband Infrastructure Grant Account.
(B) Ten million dollars ($10,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account.
(C) Twenty million dollars ($20,000,000) into the Broadband Adoption Account.
(2) All interest earned on moneys in the fund shall be deposited in the fund.
(3) The commission may collect a sum not to exceed three hundred thirty million dollars ($330,000,000) for a sum total of moneys collected by imposing the surcharge described in paragraph (1). The commission may collect the sum beginning with the calendar year starting on January 1, 2018, and continuing through the 2022 calendar year, in an amount not to exceed sixty-six million dollars ($66,000,000) per year, unless the commission determines that collecting a higher amount in any year will not result in an increase in the total amount of all surcharges collected from telephone customers that year.
(e) All moneys in the California Advanced Services Fund shall be available, upon appropriation by the Legislature, to the commission for the program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund.
(f) (1) The commission shall award grants from the Broadband Infrastructure Grant Account on a technology-neutral basis, including both wireline and wireless technology.
(2) The commission shall consult with regional consortia, stakeholders, local governments, existing facility-based broadband providers, and consumers regarding unserved areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year through year 2022.
(3) The commission shall identify unserved rural and urban areas and delineate the areas in the annual report prepared pursuant to Section 914.7.
(4) (A) (i) The commission shall annually offer an existing facility-based broadband provider the opportunity to demonstrate that it will deploy broadband or upgrade existing facilities to a delineated unserved area within 180 days.
(ii) Except as provided in clause (iii), the commission shall not approve funding for a project to deploy broadband to a delineated unserved area if the existing facility-based broadband provider demonstrates to the commission, in response to the commission’s annual offer, that it will deploy broadband or upgrade existing broadband service throughout the project area.
(iii) If the existing facility-based broadband provider is unable to complete the deployment of broadband within the delineated unserved area within 180 days, the provider shall provide the commission with information to demonstrate what progress has been made or challenges faced in completing the deployment. If the commission finds that the provider is making progress towards the completion of the deployment, the commission shall extend the time to complete the project beyond the 180 days. If the commission finds that the provider is not making progress towards completing the deployment, the delineated unserved area shall be eligible for funding pursuant to this subdivision.
(B) (i) Except for information specified in clause (ii), information submitted to the commission that includes the provider’s plans for future broadband deployment shall not be publicly disclosed.
(ii) The commission may publicly disclose information regarding the area designated for a broadband deployment, the number of households or locations to be served, and the estimated date by which the deployment will be completed.
(C) An existing facility-based broadband provider may, but is not required to, apply for funding from the Broadband Infrastructure Grant Account to make an upgrade pursuant to this subdivision.
(5) Projects eligible for grant awards shall meet all of the following requirements:
(A) The project deploys infrastructure capable of providing broadband access at speeds of a minimum of 10 megabits per second (mbps) downstream and one mbps upstream to unserved households in census blocks where no provider offers access at speeds of at least 6 mbps downstream and one mbps upstream.
(B) All or a significant portion of the project deploys last-mile infrastructure to provide service to unserved households. Projects that only deploy middle-mile infrastructure are not eligible for grant funding. For a project that includes funding for middle-mile infrastructure, the commission shall verify that the proposed middle-mile infrastructure is indispensable for accessing the last-mile infrastructure.
(C) (i) Except as provided in clause (ii), until July 1, 2020, the project is not located in a census block where an existing facility-based broadband provider has accepted federal funds for broadband deployment from Phase II of the Connect America Fund, unless the existing facility-based broadband provider has notified the commission before July 1, 2020, that it has completed its Connect America Fund deployment in the census block.
(ii) An existing facility-based broadband provider is eligible for a grant pursuant to this subdivision to supplement a grant pursuant to Phase II of the Connect America Fund to expand broadband service within identified census blocks, as needed.
(6) (A) An individual household or property owner shall be eligible to apply for a grant to offset the costs of connecting the household or property to an existing or proposed facility-based broadband provider. Any infrastructure built to connect a household or property with funds provided under this paragraph shall become the property of, and part of, the network of the facility-based broadband provider to which it is connected.
(B) (i) In approving a project pursuant to this paragraph, the commission shall consider limiting funding to households based on income so that funds are provided only to households that would not otherwise be able to afford a line extension to the property, limiting the amount of grants on a per-household basis, and requiring a percentage of the project to be paid by the household or the owner of the property.
(ii) The aggregate amount of grants awarded pursuant to this paragraph shall not exceed five million dollars ($5,000,000).
(7) An entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved household, if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission.
(8) The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.
(9) A local governmental agency may be eligible for an infrastructure grant only if the infrastructure project is for an unserved household or business, the commission has conducted an open application process, and no other eligible entity applied.
(10) The commission shall establish a service list of interested parties to be notified of any California Advanced Services Fund applications. Any application and any amendment to an application for project funding shall be served to those on the service list and posted on the commission’s internet website at least 30 days before publishing the corresponding draft resolution.
(11) A grant awarded pursuant to this subdivision may include funding for the following costs consistent with paragraph (5):
(A) Costs directly related to the deployment of infrastructure.
(B) Costs to lease access to property or for internet backhaul services for a period not to exceed five years.
(C) Cost incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection.
(12) The commission may award grants to fund all or a portion of the project. The commission shall determine, on a case-by-case basis, the level of funding to be provided for a project and shall consider factors that include, but are not limited to, the location and accessibility of the area, the existence of communication facilities that may be upgraded to deploy broadband, and whether the project makes a significant contribution to achievement of the program goal.
(13) The commission may require each infrastructure grant applicant to indicate steps taken to first obtain any available funding from the Connect America Fund program or similar federal public programs that fund broadband infrastructure. This paragraph does not authorize the commission to reject a grant application on the basis that an applicant failed to seek project funding from the Connect America Fund program or another similar federal public program.
(14) Upon the accomplishment of the goal of the program specified in paragraph (1) of subdivision (b), not more than thirty million dollars ($30,000,000) of the moneys remaining in the Broadband Infrastructure Grant Account shall be available for infrastructure projects that provide last-mile broadband access to households to which no facility-based broadband provider offers broadband service at speeds of at least 10 mbps downstream and one mbps upstream.
(g) (1) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to facilitate deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity.
(2) Each consortium shall conduct an annual audit of its expenditures for programs funded pursuant to this subdivision and shall submit to the commission an annual report that includes both of the following:
(A) A description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the cost associated with each activity.
(B) The number of project applications assisted.
(h) (1) All remaining moneys in the Broadband Infrastructure Revolving Loan Account that are unencumbered as of January 1, 2018, shall be transferred to the Broadband Infrastructure Grant Account.
(2) All repayments of loans funded by the former Broadband Infrastructure Revolving Loan Account shall be deposited into the Broadband Infrastructure Grant Account.
(i) (1) For purposes of this subdivision, the following terms have the following meanings:
(A) “Publicly subsidized” means either that the housing development receives financial assistance from the United States Department of Housing and Urban Development pursuant to an annual contribution contract or is financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants and the rents of the occupants, who are lower income households, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance.
(B) “Publicly supported community” means a publicly subsidized multifamily housing development that is wholly owned by either of the following:
(i) A public housing agency that has been chartered by the state, or by any city or county in the state, and has been determined to be an eligible public housing agency by the United States Department of Housing and Urban Development.
(ii) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)), and that has received public funding to subsidize the construction or maintenance of housing occupied by residents whose annual income qualifies as “low” or “very low” income according to federal poverty guidelines.
(2) Moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to an eligible publicly supported community if that entity otherwise meets eligibility requirements and complies with program requirements established by the commission.
(3) (A) Not more than twenty million dollars ($20,000,000) of the moneys deposited into the Broadband Public Housing Account on or before January 1, 2018, shall be available for grants and loans to a publicly supported community to finance a project to connect a broadband network to that publicly supported community. A publicly supported community may be an eligible applicant only if the publicly supported community can verify to the commission that the publicly supported community has not denied a right of access to any broadband provider that is willing to connect a broadband network to the facility for which the grant or loan is sought and the publicly supported community is unserved.
(B) (i) In its review of applications received pursuant to subparagraph (A), the commission shall award grants only to unserved housing developments, regardless of when the applicant filed its application.
(ii) For purposes of this subparagraph, a housing development is unserved when at least one housing unit within the housing development is not offered broadband internet service.
(C) Only after all funds available pursuant to this paragraph in the Broadband Public Housing Account have been awarded may a publicly supported community otherwise eligible to submit an application for funding from the Broadband Public Housing Account submit an application for funding for these purposes from the Broadband Infrastructure Grant Account.
(4) (A) Not more than five million dollars ($5,000,000) of the moneys deposited into the Broadband Public Housing Account on or before January 1, 2018, shall be available for grants and loans to a publicly supported community to support programs designed to increase adoption rates for broadband services for residents of that publicly supported community. A publicly supported community may be eligible for funding for a broadband adoption program only if the residential units in the facility to be served have access to broadband services or will have access to broadband services at the time the funding for adoption is implemented.
(B) A publicly supported community may contract with other nonprofit or public agencies to assist in implementation of a broadband adoption program.
(C) Only after all funds available pursuant to this paragraph in the Broadband Public Housing Account have been awarded may a publicly supported community otherwise eligible to submit an application for funding from the Broadband Public Housing Account submit an application for funding for these purposes from the Broadband Adoption Grant Account pursuant to subdivision (j).
(5) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of publicly supported communities.
(6) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source.
(7) Any moneys in the Broadband Public Housing Account that have not been awarded pursuant to this subdivision by December 31, 2020, shall be transferred back to the Broadband Infrastructure Grant Account.
(j) (1) Moneys in the Broadband Adoption Account shall be available to the commission to award grants to increase publicly available or after school broadband access and digital inclusion, such as grants for digital literacy training programs and public education to communities with limited broadband adoption, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption.
(2) Eligible applicants are local governments, senior centers, schools, public libraries, nonprofit organizations, and community-based organizations with programs to increase publicly available or after school broadband access and digital inclusion, such as digital literacy training programs.
(3) Payment pursuant to a grant for digital inclusion shall be based on digital inclusion metrics established by the commission that may include the number of residents trained, the number of residents served, or the actual verification of broadband subscriptions resulting from the program funded by the grant.
(4) The commission shall, in a new or existing proceeding, develop, by June 30, 2018, criteria for awarding grants and a process and methodology for verifying outcomes. The commission shall be prepared to accept applications for grants from the Broadband Adoption Account no later than July 1, 2018.
(5) The commission shall give preference to programs in communities with demonstrated low broadband access, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. In the proceeding specified in paragraph (4), the commission shall determine how best to prioritize projects for funding pursuant to this paragraph.
(6) Moneys awarded pursuant to this subdivision shall not be used to subsidize the costs of providing broadband service to households.
(k) The commission shall post on the homepage of the California Advanced Service Fund on its internet website a list of all pending applications, application challenge deadlines, and notices of amendments to pending applications.
(l) The commission shall notify the appropriate policy committees of the Legislature on the date on which the goal specified in paragraph (1) of subdivision (b) is achieved.
California
2019
Calif. PUC Code 2898
Category: Infrastructure access
Topic: Wireless facilities
Allows first responders to submit a request during an emergency to a mobile service provider not to degrade or impair internet traffic during the emergency and requires the provider to comply until either the emergency is over or first responders no longer need the wireless connection.
State Code
2898. (a) Notwithstanding any other provision of this part, upon receiving a request pursuant to subdivision (b), the mobile internet service provider shall not impair or degrade the lawful internet traffic of the first response agency_��s identified account until the earlier of either the account no longer being used by the agency in response to the emergency or the end of the emergency, subject to reasonable network management. (b) (1) A first response agency may submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency. As part of the request, the first response agency shall identify the account number and lines for the mobile internet service provider. (2) A first response agency that submits a request pursuant to paragraph (1) shall notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency.
California
2007
Calif. PUC Code 5810
The Digital Infrastructure and Video Competition Act of 2006
Category: Other
Topic: Legislative Intent
Addresses legislative intent for increasing competition for video and broadband services to increase customer choice, reduce prices, hasten deployment of new technologies, improve the variety of programming, and benefit the economy of the state through a state-issued franchise authorization process. Defines legislative principles, including developing a fair and level playing field for all market competitors and promoting widespread access to technologically advanced services to all California communities in a nondiscriminatory manner. Further notes that although video providers are not public utilities or common carriers, the Public Utilities Commission will collect fees in the same manner it does for public utilities, providing service directly to customers and subject to its jurisdiction, and that video service providers will pay a franchise fee to the local jurisdiction where service is being offered for access to facilities and public right of way.
State Code
(a) The Legislature finds and declares all of the following: (1) Increasing competition for video and broadband services is a matter of statewide concern for all of the following reasons: (A) Video and cable services provide numerous benefits to all Californians including access to a variety of news, public information, education, and entertainment programming. (B) Increased competition in the cable and video service sector provides consumers with more choice, lowers prices, speeds the deployment of new communication and broadband technologies, creates jobs, and benefits the California economy.(C) To promote competition, the state should establish a state-issued franchise authorization process that allows market participants to use their networks and systems to provide video, voice, and broadband services to all residents of the state. (D) Competition for video service should increase opportunities for programming that appeals to California’s diverse population and many cultural communities. (2) Legislation to develop this new process should adhere to the following principles:(A) Create a fair and level playing field for all market competitors that does not disadvantage or advantage one service provider or technology over another. (B) Promote the widespread access to the most technologically advanced cable and video services to all California communities in a nondiscriminatory manner regardless of socioeconomic status.(C) Protect local government revenues and control of public rights-of-way. (D) Require market participants to comply with all applicable consumer protection laws. (E) Complement efforts to increase investment in broadband infrastructure and close the digital divide. (F) Continue access to and maintenance of the public, education, and government (PEG) channels. (G) Maintain all existing authority of the California Public Utilities Commission as established in state and federal statutes. (3) The public interest is best served when sufficient funds are appropriated to the commission to provide adequate staff and resources to appropriately and timely process applications of video service providers and to ensure full compliance with the requirements of this division. It is the intent of the Legislature that, although video service providers are not public utilities or common carriers, the commission shall collect any fees authorized by this division in the same manner and under the same terms as it collects fees from common carriers, electrical corporations, gas corporations, telephone corporations, telegraph corporations, water corporations, and every other public utility providing service directly to customers or subscribers subject to its jurisdiction such that it does not discriminate against video service providers or their subscribers. (4) Providing an incumbent cable operator the option to secure a state-issued franchise through the preemption of an existing cable franchise between a cable operator and any political subdivision of the state, including, but not limited to, a charter city, county, or city and county, is an essential element of the new regulatory framework established by this act as a matter of statewide concern to best ensure equal protection and parity among providers and technologies, as well as to achieve the goals stated by the Legislature in enacting this act. (b) It is the intent of the Legislature that a video service provider shall pay as rent a franchise fee to the local entity in whose jurisdiction service is being provided for the continued use of streets, public facilities, and other rights-of-way of the local entity in order to provide service. The Legislature recognizes that local entities should be compensated for the use of the public rights-of-way and that the franchise fee is intended to compensate them in the form of rent or a toll, similar to that which the court found to be appropriate in Santa Barbara County Taxpayers Association v. Board of Supervisors for the County of Santa Barbara (1989) 209 Cal. App. 3d 940.(c) It is the intent of the Legislature that collective bargaining agreements be respected. (d) It is the intent of the Legislature that the definition of gross revenues in this division shall result in local entities maintaining their existing level of revenue from franchise fees.
California
2007
Calif. PUC Code 5830
The Digital Infrastructure and Video Competition Act of 2006
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines broadband as any service defined in the most recent Federal Communications Commission inquiry. This definition is used by reference in Calif. Gov. Code 61100.
State Code
(a) “Broadband” means any service defined as broadband in the most recent Federal Communications Commission inquiry pursuant to Section 706 of the Telecommunications Act of 1996 (P.L. 104-104).
California
2015
Calif. PUC Code 5960
The Digital Infrastructure and Video Competition Act of 2006
Category: Broadband programs
Topic: Mapping
Requires every video franchise holder to report annually to the Public Utilities Commission on broadband data on a census tract basis, including the number of households to which the franchise holder makes broadband available in the state, the number of households that subscribe to that broadband service, and whether the service uses wireline or another technology. If the franchise holder does not keep data at the census tract level, it may submit a reasonable approximation. Also includes requirements for reporting on video information and low-income household information.
State Code
(a) For purposes of this section, “census tract” has the same meaning as used by the United States Census Bureau, and “household” has the same meaning as specified in Section 5890. (b) Every holder, no later than April 1, 2008, and annually no later than April 1 thereafter, shall report to the commission on a census tract basis the following information: (1) Broadband information: (A) The number of households to which the holder makes broadband available in this state. If the holder does not maintain this information on a census tract basis in its normal course of business, the holder may reasonably approximate the number of households based on information it keeps in the normal course of business. (B) The number of households that subscribe to broadband that the holder makes available in this state. (C) Whether the broadband provided by the holder utilizes wireline-based facilities or another technology. (2) Video information: (A) If the holder is a telephone corporation: (i) The number of households in the holder’s telephone service area. (ii) The number of households in the holder’s telephone service area that are offered video service by the holder. (B) If the holder is not a telephone corporation: (i) The number of households in the holder’s video service area. (ii) The number of households in the holder’s video service area that are offered video service by the holder. (3) Low-income household information: (A) The number of low-income households in the holder’s video service area. (B) The number of low-income households in the holder’s video service area that are offered video service by the holder. (c) All information submitted to the commission pursuant to this section shall be disclosed to the public only as provided for pursuant to Section 583.
California
2019
Calif. PUC Code 8281-8286
Women, Minority, Disabled Veteran, and LGBT Business Enterprises
Category: Other
Topic: Other
Declares it to be the policy of the state to ensure that a fair proportion of the total purchases and contracts or subcontracts for regulated public utilities, including broadband, go to women, minority, disabled veteran, and LGBT business enterprises. Notes that these enterprises have traditionally received less than a proportional share of such contracts and that it is in the state’s interest to improve this share through the establishment of long-range goals. All electrical, gas, water, wireless telecommunications service providers, telephone corporations with gross annual intrastate revenues exceeding $25 million, and commission-regulated subsidiaries and affiliates are required to submit annual plans with short- and long-term goals, timetables, and methods for increasing procurement from women, minority, disabled veteran, and LGBT business enterprises. All such companies with intrastate revenues of between $15 million and $25 million are required to submit a simplified version of the report. Directs the commission to develop and require companies to implement outreach programs to inform and recruit such enterprises to apply for procurement contracts.
State Code
(a) The Legislature hereby finds and declares that the essence of the American economic system of private enterprise is free, open, and transparent competition. Only through free, open, and transparent competition can free markets, reasonable and just prices, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be ensured. The preservation and expansion of that competition are basic to the economic well-being of this state and that well-being cannot be realized unless the actual and potential capacity of women, minority, disabled veteran, and LGBT business enterprises is encouraged and developed. Therefore, it is the declared policy of the state to aid the interests of women, minority, disabled veteran, and LGBT business enterprises in order to preserve reasonable and just prices and a free competitive enterprise, to ensure that a fair proportion of the total purchases and contracts or subcontracts for commodities, supplies, technology, property, and services for regulated public utilities, including, but not limited to, renewable energy, wireless telecommunications, broadband, smart grid, and rail projects, are awarded to women, minority, disabled veteran, and LGBT business enterprises, and to maintain and strengthen the overall economy of the state. (b) (1) The Legislature finds all of the following: (A) The opportunity for full participation in our free enterprise system by women, minority, disabled veteran, and LGBT business enterprises is essential if this state is to attain social and economic equality for those businesses and improve the functioning of the state economy. (B) Public agencies and some regulated utilities that have established short- and long-range women, minority, disabled veteran, and LGBT business enterprise goals are awarding 30 percent or more of their contracts to these business enterprises. (C) Women, minority, disabled veteran, and LGBT business enterprises have traditionally received less than a proportionate share of regulated public utility procurement contracts, especially in renewable energy, wireless telecommunications, broadband, smart grid, and rail projects. (D) It is in the state’s interest to expeditiously improve the economically disadvantaged position of women, minority, disabled veteran, and LGBT business enterprises. (E) The position of these businesses can be substantially improved by providing long-range substantial goals for procurement by regulated public utilities of technology, equipment, supplies, services, materials, and construction work, especially in renewable energy, wireless telecommunications, broadband, smart grid, and rail projects, from women, minority, disabled veteran, and LGBT businesses. (F) That procurement also benefits the regulated public utilities and consumers of the state by encouraging the expansion of the number of suppliers for procurements, thereby encouraging competition among the suppliers and promoting economic efficiency in the process. (G) That the long-term economic viability of this state depends substantially upon the ability of renewable energy, wireless telecommunications, broadband, smart grid, and rail projects to incorporate women, minority, disabled veteran, and LGBT businesses into those projects. (2) It is the purpose of this article to do all of the following: (A) Encourage greater economic opportunity for women, minority, disabled veteran, and LGBT business enterprises. (B) Promote competition among regulated public utility suppliers in order to enhance economic efficiency in the procurement of electrical, gas, water, wireless telecommunications service provider, and telephone corporation contracts and contracts of their commission-regulated subsidiaries and affiliates. (C) Clarify and expand the program for the procurement by regulated public utilities of technology, equipment, supplies, services, materials, and construction work from women, minority, disabled veteran, and LGBT business enterprises. … (a) The commission shall require each electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding twenty-five million dollars ($25,000,000), and their commission-regulated subsidiaries and affiliates, to submit annually a detailed and verifiable plan for increasing procurement from women, minority, disabled veteran, and LGBT business enterprises in all categories, including, but not limited to, renewable energy, energy storage system, wireless telecommunications, broadband, smart grid, vegetation management, and rail projects. … (f) The commission shall require each electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding fifteen million dollars ($15,000,000), but not more than twenty-five million dollars ($25,000,000), to annually submit data in a simplified form to the commission on its procurement from women, minority, disabled veteran, and LGBT business enterprises in all categories, including, but not limited to, renewable energy, energy storage system, wireless telecommunications, broadband, smart grid, vegetation management, and rail projects.
California
2000
Calif. PUC Code 871.7
Universal telephone service
Category: Other
Topic: Legislative Intent
Sets the legislative intent to initiate a proceeding to redefine universal service to include two-way voice, video, and data service as components of basic service and to promote equitable access to high-speed communications networks and the internet that improve quality of life, expand access to educational opportunities, increase access to public health and safety resources, help bridge the digital divide, and support telecommuting.
State Code
The Legislature finds and declares all of the following: (a) The Moore Universal Telephone Service Act, enacted in 1987, was intended to offer high quality basic telephone service at affordable rates to the greatest number of California residents, and has become an important means of achieving universal service by making residential service affordable to low-income citizens through the creation of a lifeline class of service. (b) Factors such as competition and technological innovation are resulting in the convergence of a variety of telecommunications technologies offering an expanded range of telecommunications services to users that incorporate voice, video, and data. These technologies have differing regulatory regimes and jurisdictions. (c) It is the intent of the Legislature that the commission initiate a proceeding investigating the feasibility of redefining universal telephone service by incorporating two-way voice, video, and data service as components of basic service. It is the Legislature’s further intent that, to the extent that the incorporation is feasible, that it promote equity of access to high-speed communications networks, the Internet, and other services to the extent that those services provide social benefits that include all of the following: (1) Improving the quality of life among the residents of California. (2) Expanding access to public and private resources for education, training, and commerce. (3) Increasing access to public resources enhancing public health and safety. (4) Assisting in bridging the “digital divide” through expanded access to new technologies by low-income, disabled, or otherwise disadvantaged Californians. (5) Shifting traffic patterns by enabling telecommuting, thereby helping to improve air quality in all areas of the state and mitigating the need for highway expansion. (d) For purposes of this section, the term “feasibility” means consistency with all of the following: (1) Technological and competitive neutrality. (2) Equitable distribution of the funding burden for redefined universal service as described in subdivision (c), among all affected consumers and industries, thereby ensuring that regulated utilities’ ratepayers do not bear a disproportionate share of funding responsibility. (3) Benefits that justify the costs.
California
2006
Calif. PUC Code 884 (a)
Universal Telephone Service
Category: Other
Topic: Legislative Intent
Declares that any program administered by the Public Utilities Commission that provides broadband service to schools and libraries to address inequality of access should also provide those services to a nonprofit community technology program. Allows the PUC to spend up to $2 million toward installation of broadband services for eligible community organizations.
State Code
(a) It is the intent of the Legislature that any program administered by the commission that addresses the inequality of access to high-speed broadband services by providing those services to schools and libraries at a discounted price, provide comparable discounts to a nonprofit community technology program. (b) Notwithstanding any other law or existing program of the commission, but consistent with the purposes for which those funds were appropriated from the California Teleconnect Fund Administrative Committee Fund in Item 8660-001-0493 of Section 2.00 of the Budget Act of 2003 (Chapter 157 of the Statutes of 2003), and reappropriated in Item 8660-491 of Section 2.00 of the Budget Act of 2006 (Chapter 47 of the Statutes of 2006), the commission may expend up to two million dollars ($2,000,000) of the unencumbered amount of those funds for the nonrecurring installation costs for high-speed broadband services for community organizations that are eligible for discounted rates pursuant to Section 280. (c) For the purpose of this section: (1) “High-speed broadband services” means a system for the digital transmission of information over the Internet at a speed of at least 384 kilobits per second. (2) “Nonprofit community technology program” means a community-based nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and engages in diffusing technology into local communities and training local communities that have no access to, or have limited access to, the Internet and advanced telecommunications technologies.
California
2006
Calif. PUC Code 884 (c)1
Universal Telephone Service
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines “broadband” as a system that transmits information over the internet at a speed of at least 384 kilobits per second (Kbps).
State Code
(1) “High-speed broadband services” means a system for the digital transmission of information over the Internet at a speed of at least 384 kilobits per second.
California
2009
Calif. PUC Code 884.5
Universal telephone service
Category: Competition and regulation
Topic: Service Provision - Other
Addresses discounts on telecommunications services available through the California Teleconnect Fund’s Administrative Committee program for e-rate-eligible schools and libraries. The e-rate discount must be applied before the teleconnect discount is applied, and the Public Utilities Commission should give priority to expanding access to state-of-the-art technologies to rural, inner-city, low-income, and disabled populations.
State Code
(a) This section shall apply to all customers eligible to receive discounts for telecommunications services under the federal Universal Service E-rate program administered by the Schools and Libraries Division of the Universal Service Administrative Company that also apply for discounts on telecommunications services provided through the California Teleconnect Fund Administrative Committee Fund program pursuant to subdivision (a) of Section 280. (b) A teleconnect discount shall be applied after applying an E-rate discount. The commission shall first apply an E-rate discount, regardless of whether the customer has applied for an E-rate discount or has been approved, if the customer, in the determination of the commission, meets the eligibility requirements for an E-rate discount. (c) Notwithstanding subdivision (b), the teleconnect discount shall be applied without regard to an E-rate discount for a school district that meets the conditions specified for compensation pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 of Title 2 of the Education Code, unless that school district has applied for, and been approved to receive, the E-rate discount. (d) In establishing a discount under the California Teleconnect Fund Administrative Committee Fund program, the commission shall give priority to bridging the “digital divide” by encouraging expanded access to state-of-the-art technologies for rural, inner-city, low-income, and disabled Californians. (e) As used in this section: (1) “E-rate discount” means an actual discount under the E-rate program, or a representative discount figure as determined by the commission. (2) “E-rate program” means the federal Universal Service E-rate program administered by the Schools and Libraries Division of the Universal Service Administrative Company. (3) “Teleconnect discount” means a discount on telecommunications services provided through the California Teleconnect Fund Administrative Committee Fund program set forth in subdivision (a) of Section 280.
California
2017
Calif. PUC Code 912.2
Reports to Legislature
Category: Funding and financing
Topic: Fund - Broadband
Requires the Public Utilities Commission to conduct both interim and final financial and performance audits on the California Advanced Services Fund to ensure that funds have been spent in accordance with grant and loan terms. Reports must include an update to the California Broadband Task Force maps and data on types and number of jobs created.
State Code
(a) The commission shall conduct an interim financial audit and a final financial audit and an interim performance audit and a final performance audit of the implementation and effectiveness of the California Advanced Services Fund to ensure that funds have been expended in accordance with the approved terms of the grant awards and loan agreements pursuant to Section 281. The commission shall report its interim findings to the Legislature by April 1, 2020. The commission shall report its final findings to the Legislature by April 1, 2023. The reports shall also include an update to the maps in the final report of the California Broadband Task Force and data on the types and numbers of jobs created as a result of the program administered by the commission pursuant to Section 281. (b) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.
California
2017
Calif. PUC Code 914.7
Reports to Legislature
Category: Funding and financing
Topic: Fund - Broadband
Requires the Public Utilities Commission to report to the Legislature annually from 2019 to 2023 on the remaining unserved areas of the state, funds spent through the California Advanced Services Fund and recipients of those funds, geographic regions where the funds were spent and expected benefits, the broadband adoption rates resulting from the expenditures, the number of formally unserved households subscribing to broadband, and other metrics associated with the use of California Advanced Services Funds.
State Code
(a) By April 1, 2019, and by April 1 of each year thereafter, until April 1, 2023, the commission shall provide a report to the Legislature that includes all of the following information: (1) The remaining unserved areas in the state. (2) The amount of funds expended from the California Advanced Services Fund in the prior year. (3) The recipients of funds expended from the California Advanced Services Fund in the prior year. (4) The geographic regions of the state affected by funds expended from the California Advanced Services Fund in the prior year, including information by county. (5) The expected benefits to be derived from the fund expended from the California Advanced Services Fund in the prior year. (6) Details on the status of each project funded through the California Advanced Services Fund and whether the project has been completed or the expected completion date of the project. (7) Actual broadband adoption levels from funds expended from the California Advanced Services Fund in the prior year. (8) The cost per household for each project. (9) The number of formerly unserved households subscribing to broadband service in areas covered by projects funded by the California Advanced Services Fund. (10) The number of subscriptions resulting from the broadband adoption program funded by the California Advanced Services Fund. (11) An update on the expenditures from the California Advanced Services Fund, broadband adoption levels, the progress in achieving the goals of the program, and an accounting of the remaining unserved households in each region of the state as of December 31 of the immediately preceding year. (12) The amount of funds expended from the California Advanced Services Fund to match federal funds. (13) Addition details on efforts to leverage non-California Advanced Services Fund moneys. (14) The status of the California Advanced Services Fund balance and the projected amount to be collected in each year through 2022 to fund approved projects. (b) This section is repealed on January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.
California
2011
Calif. PUC Code 9510-9520
Utility poles and support structures
Category: Infrastructure access
Topic: Pole attachments
Addresses the need for local publicly owned electric utilities that own utility poles and support structures, including ducts and conduit, to make space available to communications service providers to promote broadband access and adoption. Addresses the space and capacity that local publicly owned utilities should make available, notification and make-ready timelines, and annual fee structures, which should provide recovery of actual costs without subsidizing for-profit communications service providers.
State Code
(a) The Legislature finds and declares that in order to promote wireline and wireless broadband access and adoption, it is in the interest of the state to ensure that local publicly owned electric utilities, including irrigation districts, that own or control utility poles and support structures, including ducts and conduits, make available appropriate space and capacity on and in those structures to cable television corporations, video service providers, and telephone corporations under reasonable rates, terms, and conditions. (b) The Legislature further finds and declares that the oversight of fees and other requirements imposed by local publicly owned electric utilities as a condition of providing the space or capacity described in subdivision (a) is a matter of statewide interest and concern. Therefore, it is the intent of the Legislature that this part supersedes all conflicting local laws and this part shall apply in charter cities. (c) The Legislature further finds and declares that local publicly owned electric utilities should provide access to utility poles and support structures with a recovery of actual costs without subsidizing for-profit cable television corporations, video service providers, and telephone corporations.
Colorado
2020
Colo. Executive Order B 2020 009
Scope and Membership (Agency)
Category: Broadband programs
Topic: Agency
Tasks the Governor’s Office of Information Technology with overseeing and coordinating broadband activities across all state agencies.
State Code
A. The Governor’s Office of Information Technology (OIT) is directed to oversee and coordinate broadband activities for all State agencies.
Colorado
2020
Colo. Executive Order B 2020 009
Scope and Membership (Task Force)
Category: Broadband programs
Topic: Task Force
Directs the Governor’s Office of Information Technology, through the Colorado Broadband Office, to create a Broadband Advisory Board that will provide feedback on policy and initiatives, convene regularly, educate and engage stakeholders, aggregate information from various state agencies into a single website, partner with the Office of Future of Work to create a subcommittee on digital literacy and inclusion, and provide an update on broadband collaboration. Outlines the membership of the board to include the executive directors of the Colorado Broadband Office, the Office of Economic Development and International Trade, the Department of Local Affairs, the Department of Regulatory Agencies, and the state Department of Transportation or their designees and a representative from any other agency or organization that has relevant projects, as appointed by the executive director of the Governor’s Office of Information Technology.
State Code
B. OIT, through the Colorado Broadband Office (CBO), shall create a Broadband Advisory Board (Board) that shall:
i. Review and provide feedback on policy and legislation regarding broadband initiatives.
ii. Convene regular meetings to discuss:
a. Public and private broadband project initiatives;
b. Future demand planning;
c. Recommendations to the Governor and General Assembly on meeting current and future demands for economic development, education, healthcare, public safety, and tourism; and
iii. Educate citizens, private industry, government agencies, and elected officials on broadband concerns.
iv. Provide a formalized process to engage and address concerns from
citizens, private industry, elected officials, and local and State government.
v. Centralize all broadband information from CBO, Department Of Local Affairs (DOLA), and Department Of Regulatory Agencies (DORA) websites into a single website.
vi. Partner with the Office of Future of Work to create a subcommittee focused on digital literacy and inclusion.
vii. As part of OIT’s annual performance plans pursuant to the SMART Act C.R.S. § 2-7-204), OIT will provide an update on broadband collaboration including projects initiated and completed, dollars spent or disbursed, and other metrics including digital inclusion.
Colorado
2012
Colo. Executive Order D 2012-037
Executive Order D 2012-037
Category: Broadband programs
Topic: Agency
Assigns responsibility for broadband to the Governor's Office of Information Technology.
State Code
The Governor's Office of Information Technology is hereby formally directed to oversee and coordinate broadband activities across State agencies.
Colorado
2008
Colo. Rev. Stat. 22-43.7-107
Public school facility construction guidelines - establishment by board - use
Category: Other
Topic: Other
Requires the public school facility construction guidelines issued by the public school capital assistance board to include provisions related to technology, including internet connectivity.
State Code
(2) The public school facility construction guidelines shall identify and describe the capital construction, renovation, and equipment needs in public school facilities and means of addressing those needs that will provide educational and safety benefits at a reasonable cost. In preparing the guidelines, the board shall address the following considerations: … (b) Technology, including but not limited to telecommunications and internet connectivity technology, technology for individual student learning and classroom instruction, and technology, as defined in section 22-43.7-109(5)(a)(I)(B) , which includes hardware, devices, or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher
Colorado
2019
Colo. Rev. Stat. 24-103-911
Preference for internet service providers that certify compliance with open internet protections - definitions
Category: Competition and regulation
Topic: Net Neutrality
Requires governments contracting for internet service to give preference to providers that certify that they comply with net neutrality practices.
State Code
1) When contracting for broadband internet access service, a governmental body shall give preference to an internet service provider that certifies to the governmental body that, except as allowed under section 40-15-209 (3), the internet service provider will not engage in any of the practices set forth in section 40-15-209 (1).
Colorado
2016
Colo. Rev. Stat. 24-34-104
General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal
Category: Broadband programs
Topic: Task Force
Sets a repeal date for the authorizing statute for the broadband deployment board.
State Code
(25) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2024: (VI) The functions of the broadband deployment board created in section 40-15-509.5;
Colorado
2000
Colo. Rev. Stat. 29-1-1001
Moratorium on taxes, fees, and charges - internet and online services - definitions
Category: Other
Topic: Other
Prohibits local governments from levying sales taxes on internet access services.
State Code
(1.5) (a) On and after April 30, 2001, no statutory or home rule city and county, county, city, or town, or any political subdivision of the state, including, without limitation, a special purpose authority, special district, or school district, shall impose, assess, or collect any tax, fee, or charge, however designated, upon the direct charges for provision of internet access services, whether offered separately or as part of a package or bundle of services. (b) Paragraph (a) of this subsection (1.5) shall not apply to taxes on internet access services actually collected and enforced by a home rule city on or before April 15, 1998. (c) Paragraph (a) of this subsection (1.5) shall not apply to any franchise fee on interactive computer services delivered via a cable television system unless the federal communications commission or a court of competent jurisdiction determines that such services are not cable services within the meaning of 47 U.S.C. sec. 522 (6).
Colorado
2018
Colo. Rev. Stat. 29-2-105
Contents of sales tax ordinances and proposals - repeal
Category: Funding and financing
Topic: Tax Incentives
Allows municipalities to create sales tax exemptions for telecommunications providers for equipment used to provide broadband service if the exemption is deployed in a uniform manner.
State Code
(10) (a) Notwithstanding any provision of this section to the contrary, and except as provided in paragraph (b) of this subsection (10), a town, city, or county may exempt from its sales tax sales to a telecommunications provider of equipment used directly in the provision of telephone service, cable television service, broadband communications service, or mobile telecommunications service.
(b) A town, city, or county may not adopt a sales tax exemption pursuant to the authority set forth in paragraph (a) of this subsection (10) unless the exemption applies in a uniform and nondiscriminatory manner to the telecommunications providers of telephone service, cable television service, broadband communications service, and mobile telecommunications service.
Colorado
2005
Colo. Rev. Stat. 29-27-101
Legislative declaration
Category: Other
Topic: Legislative Intent
Declares a need for statewide uniformity in the regulation of broadband services.
State Code
(1) The general assembly hereby finds and declares that it is the policy of this state to ensure that cable television service, telecommunications service, and high speed internet access, otherwise known as advanced service, are each provided within a consistent, comprehensive, and nondiscriminatory federal, state, and local government framework. (2) The general assembly further finds and declares that: (a) There is a need for statewide uniformity in the regulation of all public and private entities that provide cable television service, telecommunications service, and advanced service. (b) Municipal ordinances, rules, and other regulations governing the provision of cable television service, telecommunications service, and advanced service by a local government impact persons living outside the municipality.
Colorado
2005
Colo. Rev. Stat. 29-27-102
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines advanced service as high-speed internet access in excess of 256 kilobits per second.
State Code
(1) "Advanced service" means high-speed internet access capability in excess of two hundred fifty-six kilobits per second both upstream and downstream.
Colorado
2005
Colo. Rev. Stat. 29-27-103
Limitations on providing cable television, telecommunications, and advanced services
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits local governments from directly or indirectly providing broadband service or constructing or operating facilities for providing broadband service.
State Code
(1) Except as provided in this article, a local government shall not: (a) Provide to one or more subscribers cable television service, telecommunications service, or advanced service; or(b) Purchase, lease, construct, maintain, or operate any facility for the purpose of providing cable television service, telecommunications service, or advanced service to one or more subscribers.
Colorado
2005
Colo. Rev. Stat. 29-27-201
Vote—referendum
Category: Competition and regulation
Topic: Municipal Broadband
Requires that before a local government can offer broadband service, the local government hold a referendum on the issue.
State Code
(1) Before a local government may engage or offer to engage in providing cable television service, telecommunications service, or advanced service, an election shall be called on whether or not the local government shall provide the proposed cable television service, telecommunications service, or advanced service. (2) The ballot at an election conducted pursuant to this section shall pose the question as a single subject and shall include a description of the nature of the proposed service, the role that the local government will have in provision of the service, and the intended subscribers of such service. The ballot proposition shall not take effect until submitted to the electors and approved by the majority of those voting on the ballot.
Colorado
2005
Colo. Rev. Stat. 29-27-202
Exemption for unserved areas
Category: Competition and regulation
Topic: Municipal Broadband
Allows local governments to provide broadband service if no provider currently provides service within the local government boundaries and if the local government has requested service and the incumbent provider has not agreed to provide service within 60 days of receiving the request.
State Code
(1) A local government shall be exempt from the requirements of this part 2 and may engage or offer to engage in providing cable television service, telecommunications service, or advanced service if:(a) No private provider of cable television service, telecommunications service, or advanced service provides the service anywhere within the boundaries of the local government;(b) The governing body of the local government has submitted a written request to provide the service to any incumbent provider of cable television service, telecommunications service, or advanced service within the boundaries of the local government; and(c) The incumbent provider has not agreed within sixty days of the receipt of a request submitted pursuant to paragraph (b) of this subsection (1) to provide the service or, if the provider has agreed, it has not commenced providing the service within fourteen months of the receipt of the request.
Colorado
2017
Colo. Rev. Stat. 29-27-401
Legislative declaration
Category: Other
Topic: Legislative Intent
Declares legislative intent that broadband facilities are necessary for ensuring broadband access and economic competitiveness and that this is an issue of statewide concern. Further declares that the most efficient place for small cell facilities is often in public right of way and that access to local government structures is necessary to the construction of wireless facilities.
State Code
(1) The general assembly finds and declares that: (a) The permitting, construction, modification, maintenance, and operation of broadband facilities are critical to ensuring that all citizens in the state have true access to advanced technology and information; (b) These facilities are critical to ensuring that businesses and schools throughout the state remain competitive in the global economy; and (c) The permitting, construction, modification, maintenance, and operation of these facilities, to the extent specifically addressed in this part 4, are declared to be matters of statewide concern and interest. (2) The general assembly further finds and declares that: (a) Small cell facilities often may be deployed most effectively in the public rights-of-way; and (b) Access to local government structures is essential to the construction and maintenance of wireless service facilities or broadband facilities.
Colorado
2017
Colo. Rev. Stat. 29-27-403
Permit - approval - deadline - exception
Category: Infrastructure access
Topic: Permitting
Defines timelines for local permit review process for small cell and wireless facility applications.
State Code
(1) A local government may take up to: (a) Ninety days to process a complete application for:(I) Location or collocation of a small cell facility or a small cell network; or (II) Replacement or modification of a small cell facility or facilities or small cell network. (b) Ninety days to process a complete application that involves a collocation of a tower, building, structure, or replacement structure other than a small cell facility or small cell network; or (c) One hundred fifty days to process a complete application that involves a new structure or a new wireless service facility, other than a small cell facility or small cell network and other than a collocation.
Colorado
2017
Colo. Rev. Stat. 29-27-404
Permit process
Category: Infrastructure access
Topic: Permitting
Pre-empts local control of permitting for small cell and wireless facilities. Requires local governments to allow providers to submit a consolidated application for all facilities to be sited. Further requires that small cell facilities and networks be permitted in any zone.
State Code
(1) (a) For small cell networks involving multiple individual small cell facilities within the jurisdiction of a single local government entity, the local government entity shall allow the applicant, at the applicant's discretion, to file a consolidated application and receive a single permit for the small cell network instead of filing separate applications for each individual small cell facility. (b) For a consolidated application filed pursuant to subsection (1)(a) of this section, each small cell facility within the consolidated application remains subject to review for compliance with objective requirements and approval as provided in this article 27. The local government's denial of any individual small cell facility is not a basis to deny the consolidated application as a whole or any other small cell facility incorporated within the consolidated application. (2) If a wireless service provider applies to locate or collocate several wireless service facilities within the jurisdiction of a single local government entity, the local government entity shall: (a) Allow the applicant, at the applicant's discretion, to file a single set of documents that will apply to all the wireless service facilities to be sited; and (b) Render a decision regarding all the wireless service facilities in a single administrative proceeding, unless local requirements call for an elected or appointed body to render such decision.(3) The siting, mounting, placement, construction, and operation of a small cell facility or a small cell network is a permitted use by right in any zone.
Colorado
2017
Colo. Rev. Stat. 38-5.5-101
Legislative declaration
Category: Other
Topic: Legislative Intent
Sets the policy intent to encourage a competitive telecommunications market to provide Coloradans with access to a wider range of services and declares that requiring telecommunications companies to seek authority from all local jurisdictions would be burdensome and that allowing access to public rights or way is in the public interest.
State Code
(1) The general assembly hereby finds, determines, and declares that: (a) The passage of House Bill 95-1335, enacted at the first regular session of the sixtieth general assembly, established a policy within the state to encourage competition among the various telecommunications providers, to reduce the barriers to entry for those providers, to authorize and encourage competition within the local exchange telecommunications market, and to ensure that all consumers benefit from such competition and expansion. (b) The stated goals of House Bill 95-1335 were that all citizens have access to a wider range of telecommunications services at rates that are reasonably comparable within the state, that basic service be available and affordable to all citizens, and that universal access to advanced telecommunications services would be available to all consumers. Such goals are essential to the economic and social well-being of the citizens of Colorado and can be accomplished only if telecommunications providers are allowed to develop ubiquitous, seamless, statewide telecommunications networks. To require telecommunications companies to seek authority from every political subdivision within the state to conduct business is unreasonable, impractical, and unduly burdensome. In addition, the general assembly further finds and declares that since the public rights-of-way are dedicated to and held on a nonproprietary basis in trust for the use of the public, their use by telecommunications companies is consistent with such policy and appropriate for the public good.
Colorado
2017
Colo. Rev. Stat. 38-5.5-103
Use of public highways - discrimination prohibited - content regulation prohibited
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows broadband providers to construct and maintain facilities in the right of way of any public highway; requires that local jurisdictions do not discriminate against or grant preference to broadband providers in ordinances or the permitting process related to use of local right of way, or in regulation based on content type.
State Code
(1) (a) Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate conduit, cable, switches, and related appurtenances and facilities, and communications and broadband facilities, including small cell facilities and small cell networks, along, across, upon, above, and under any public highway in this state, subject to this article 5.5 and article 1.5 of title 9. (2) A political subdivision shall not discriminate among or grant a preference to competing telecommunications providers or broadband providers in the issuance of permits or the passage of any ordinance for the use of its rights-of-way, nor create or erect any unreasonable requirements for entry to the rights-of-way for the providers. (3) A political subdivision shall not regulate a telecommunications provider or a broadband provider based upon the content or type of signals that are carried or capable of being carried over the provider's facilities;
Colorado
2017
Colo. Rev. Stat. 38-5.5-104
Right of way across state land
Category: Infrastructure access
Topic: Rights-of-way (Other)
Grants broadband providers permanent right of way for facilities (including small cell) over, upon, under, and across all state-owned public lands upon payment of just compensation and compliance with reasonable conditions set forth by the Board of Land Commissioners.
State Code
Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate lines of communication, switches, and related facilities, and communications and broadband facilities, including small cell facilities and small cell networks, and obtain a permanent right-of-way for the facilities over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of just compensation and upon compliance with reasonable conditions as the state board of land commissioners may require.
Colorado
2017
Colo. Rev. Stat. 38-5.5-104.5
Use of local government entity structures
Category: Infrastructure access
Topic: Small cell facilities
Allows broadband providers to locate or co-locate small cell facilities or small cell networks on light poles, traffic signals, and utility poles in the local government right of way, except for those with tolling collection or enforcement equipment.
State Code
(1) Except as provided in subsection (2) of this section and subject to the requirements and limitations of this article 5.5, sections 29-27-403 and 29-27-404, and a local government entity's police powers, a telecommunications provider or a broadband provider has the right to locate or collocate small cell facilities or small cell networks on the light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity; except that, a small cell facility or a small cell network shall not be located or mounted on any apparatus, pole, or signal with tolling collection or enforcement equipment attached.
Colorado
2017
Colo. Rev. Stat. 38-5.5-105
Power of companies to contract
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows domestic and foreign broadband companies to contract with individuals, corporations, and landowners to obtain right of way for construction, operation, and maintenance.
State Code
Any domestic or foreign telecommunications provider or broadband provider has the power to contract with any individual; corporation; or the owner of any lands, franchise, easement, or interest therein over or under which the provider's conduits; cable; switches; communications or broadband facilities, including small cell facilities and small cell networks; or related appurtenances and facilities are proposed to be laid or created for the right-of-way for the construction, maintenance, and operation of the facilities or for the erection, maintenance, occupation, and operation of offices at suitable distances for the public accommodation.
Colorado
2017
Colo. Rev. Stat. 38-5.5-106
Consent necessary for use of streets
Category: Infrastructure access
Topic: Rights-of-way (Other)
Requires broadband providers to obtain consent of local jurisdictions to construct facilities along, through, in, upon, under, or over any public highway. Prohibits local jurisdictions from creating preference or disadvantage for a broadband provider by withholding consent to construct facilities.
State Code
(b) A political subdivision shall not create any preference or disadvantage through the granting or withholding of its consent. A political subdivision's decision that a vertical structure in the right-of-way, including a vertical structure owned by a municipality, lacks space or load capacity for communications or broadband facilities, or that the number of additional vertical structures in the rights-of-way should be reasonably limited, consistent with protection of public health, safety, and welfare, does not create a preference for or disadvantage any telecommunications provider or broadband provider, provided that such decision does not have the effect of prohibiting a provider's ability to provide service within the service area of the proposed facility.
Colorado
2017
Colo. Rev. Stat. 38-5.5-107
Permissible taxes, fees, and charges
Category: Infrastructure access
Topic: Permitting
Requires that all fees and charges levied by local jurisdictions be reasonably related to the direct costs of granting or administering permits. Further requires that all taxes, fees, and charges be competitively neutral.
State Code
All fees and charges levied by a political subdivision shall be reasonably related to the costs directly incurred by the political subdivision in providing services relating to the granting or administration of permits. Such fees and charges also shall be reasonably related in time to the occurrence of such costs. In any controversy concerning the appropriateness of a fee or charge, the political subdivision shall have the burden of proving that the fee or charge is reasonably related to the direct costs incurred by the political subdivision. All costs of construction shall be borne by the telecommunications provider or broadband provider. (2) (a) Any tax, fee, or charge imposed by a political subdivision shall be competitively neutral among telecommunications providers and broadband providers.
Colorado
2017
Colo. Rev. Stat. 38-5.5-108
Pole attachment agreements - limitations on required payments
Category: Infrastructure access
Topic: Pole attachments
Prevents municipalities and municipal utilities from receiving payments larger than the fees that would be allowed under 47 U.S.C. § 224 to attach small cell and broadband facilities to poles or structures in the right of way. Further prohibits municipalities from receiving in-kind payment.
State Code
(1) Neither a local government entity nor a municipally owned utility shall request or receive from a telecommunications provider, broadband provider, or cable television provider, as defined in section 602 (5) of the federal "Cable Communications Policy Act of 1984", in exchange for permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures in a right-of-way, any payment in excess of the amount that would be authorized if the local government entity or municipally owned utility were regulated pursuant to 47 U.S.C. sec. 224, as amended. (2) A municipality shall not request or receive from a telecommunications provider or a broadband provider, in exchange for or as a condition upon a grant of permission to attach telecommunications or broadband devices to poles, any in-kind payment.
Colorado
2014
Colo. Rev. Stat. 38-5.5-109
Notice of trenching - permitted access
Category: Infrastructure access
Topic: Rights-of-way (Dig once)
Requires state and local entities to provide broadband providers with notice of utility trenching projects on a competitively neutral basis at least 10 days before the start of the project to allow broadband providers to place facilities. Allows the state or local entity to share construction costs with the broadband provider. Does not pre-empt local requirements for joint trenching.
State Code
(1) (a) The state or a political subdivision shall provide notice on a competitively neutral basis to broadband providers of any utility trenching project that it conducts, but notice is not required for emergency repair projects. The state or political subdivision shall provide the notice a minimum of ten business days prior to the start of the project involving trenching. (b) The department of transportation shall maintain a public list of all broadband providers that would like to receive notice of a utility trenching project and the providers' addresses on the website it maintains. To be eligible to receive notice under paragraph (a) of this subsection (1), a broadband provider must request the department of transportation to be included in the department list. A political subdivision may rely on the department list when making its notifications, and such notifications may be made by electronic mail. (2) (a) For any trenching project conducted by the state or a political subdivision, the state or political subdivision shall allow joint trenching by broadband providers on a nonexclusive and nondiscriminatory basis for the placement of broadband facilities, except as set forth in paragraph (b) of this subsection (2). This subsection (2) does not limit the ability of the state, political subdivision, or any private entity to share the costs of construction related to the trenching project with the broadband provider.
Colorado
2014
Colo. Rev. Stat. 39-26-129
Refund for property used in rural broadband service - legislative declaration - definitions
Category: Funding and financing
Topic: Tax Incentives
Allows broadband providers to get a refund on state sales and use tax paid for broadband equipment.
State Code
(1) The general assembly declares that the intended purpose of the tax refund created in this section is to encourage broadband providers to deploy broadband infrastructure in rural areas of the state.(2) As used in this section, unless the context otherwise requires:(a) "Broadband provider" means a person that provides broadband service.(b) "Broadband service" means any communications service having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, data, graphics, and video at Speed of at least four megabits per second for download and one megabit per second for upload or the federal communications commission's definition of broadband service, whichever is faster.(c) "Target area" means the unincorporated part of a county or a municipality with a population of less than thirty thousand people, according to the most recently available population statistics of the United States bureau of the census.(3) Except as provided in subsection (5) of this section, for the calendar year commencing January 1, 2014, and for each calendar year thereafter, a broadband provider is allowed to claim a refund of all the state sales and use tax the provider pays pursuant to parts 1 and 2 of this article for tangible personal property that is installed in a target area for the provision of broadband service.
Colorado
2018
Colo. Rev. Stat. 40-15-102
Definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines broadband as internet service provided over a broadband network and defines broadband network as equipment that either allows 10 megabits per second (Mbps) download and 1 Mbps upload speeds or meets the Federal Communications Commission's definition of broadband, whichever is faster.
State Code
(3.3) "Broadband" or "broadband service" means broadband internet service provided over a broadband network.(3.5) "Broadband internet service" means a retail service that transmits and receives data from the customer's property or determined point of presence to substantially all internet endpoints. The term includes any capabilities that are incidental to and enable the operation of the broadband service.(3.7) "Broadband network" means the plant, equipment, components, facilities, hardware, and software used to provide broadband internet service at measurable Speed of at least ten megabits per second downstream and one megabit per second upstream or at measurable speeds at least equal to the federal communications commission's definition of high-speed internet access or broadband, whichever is faster, with:(a) Sufficiently low latency to enable the use of real-time communications, including voice-over-internet-protocol service; and(b) Either no usage limits or usage limits that are reasonably comparable to those found in urban areas for the same technology.
Colorado
2018
Colo. Rev. Stat. 40-15-102
Definitions (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines unserved areas as either areas outside municipal boundaries or cities with fewer than 7,500 people that lack access to at least one satellite and one nonsatellite provider, and as highway corridors lacking broadband network access.
State Code
(a) "Unserved area" means an area of the state that:(I) Lies outside of municipal boundaries or is a city with a population of fewer than seven thousand five hundred inhabitants; and(II) Consists of households that lack access to at least one provider of a broadband network that uses satellite technology and at least one provider of a broadband network that uses nonsatellite technology. (b) "Unserved area" also means any portion of a state or interstate highway corridor that lacks access to a provider of a broadband network.
Colorado
2018
Colo. Rev. Stat. 40-15-208
High-cost support mechanism—Colorado high cost administration fund - creation - purpose - operation—rules - report - repeal
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Establishes the high-cost support mechanism to support universal service, including providing broadband to unserved areas. Establishes a high-cost administration fund to support the mechanism.
State Code
(2) (a) (I) The commission is hereby authorized to establish a mechanism for the support of universal service, also referred to in this section as the "high cost support mechanism", which must operate in accordance with rules adopted by the commission. The primary purpose of the high cost support mechanism is to provide financial assistance as a support mechanism to:(A) Help make basic local exchange service affordable and allow for reimbursement to providers, as specified in subsections (2)(a)(IV) and (4) of this section; and(B) Provide access to broadband service in unserved areas pursuant to this section and section 40-15-509.5 only.(II) The high cost support mechanism shall be supported through a neutral assessment on all telecommunications providers in Colorado. (3) (a) There is hereby created, in the state treasury, the Colorado high cost administration fund, referred to in this section as the "fund", which shall be used to reimburse the commission and its contractors for reasonable expenses incurred in the administration of the high cost support mechanism, including administrative costs incurred in association with broadband service, as determined by rules of the commission. The general assembly shall appropriate annually the money in the fund that is to be used for the direct and indirect administrative costs incurred by the commission and its contractors. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund.
Colorado
2019
Colo. Rev. Stat. 40-15-209
Net neutrality conditions for internet service providers to receive high cost support mechanism money - definitions
Category: Competition and regulation
Topic: Net Neutrality
Prohibits all broadband providers who receive funding through the High Cost Support Mechanism or any other state fund from blocking lawful internet content, engaging in paid prioritization, selectively throttling internet content, or failing to disclose its network management practices. Requires noncompliant providers to refund any state funding they have received.
State Code
(1) Except as provided in subsection (3) of this section, an internet service provider that is otherwise eligible to receive money through a grant from the broadband deployment board pursuant to section 40-15-509.5 or through any state fund established to help finance broadband deployment is not eligible to receive that money if the internet service provider: (a) blocks any lawful internet content, applications, services, or devices unless the blocking is conducted in a manner consistent with reasonable network management practices; (b) engages in paid prioritization of internet content; (c) regulates network traffic by throttling bandwidth or otherwise impairs or degrades lawful internet traffic on the basis of internet content, application, service, or use of a nonharmful device unless the impairment or degradation results solely from the evenhanded application of reasonable network management practices; or (d) fails or refuses to disclose, subject to reasonable conditions to protect proprietary information, its network management practices.
Colorado
2014
Colo. Rev. Stat. 40-15-502
Expressions of state policy
Category: Other
Topic: Legislative Intent
Acknowledges the goal of universal access to advanced service and directs the Public Utilities Commission (PUC) to evaluate opening the local exchange market or additional support mechanisms to support this goal. Further directs the PUC to create support mechanisms for high-cost areas to be funded through assessments on telecommunications providers.
State Code
(4) Universal access to advanced service. The general assembly acknowledges the goal of universal access to advanced service to all citizens of this state. The commission shall consider the impact of opening entry to the local exchange market and shall determine whether additional support mechanisms may be necessary to promote this goal if competition for local exchange services fails to deliver advanced services in all areas of the state.(5) Universal service support mechanisms. (a) In order to accomplish the goals of universal basic service, universal access to advanced service under section 40-15-509.5, and any revision of the definition of basic service under subsection (2) of this section, the commission shall create a system of support mechanisms to assist in the provision of basic service and advanced service in high-cost areas. The commission shall fund these support mechanisms equitably and on a nondiscriminatory, competitively neutral basis through assessments, which may include a rate element, on all telecommunications providers in Colorado.
Colorado
2020
Colo. Rev. Stat. 40-15-509.5
Broadband service - report - broadband deployment board - broadband administrative fund - creation - definitions - rules - repeal (Task Force)
Category: Broadband programs
Topic: Task Force
Establishes the broadband deployment board to implement and administer broadband service in underserved areas, and defines the board’s composition and responsibilities, including criteria for assessing project applications.
State Code
(5) (a) There is hereby created in the department of regulatory agencies the broadband deployment board, referred to in this section as the "board". The board is an independent board created to implement and administer the deployment of broadband service in unserved areas. The department of regulatory agencies shall staff the board. The board has the powers and duties specified in this section.
Colorado
2020
Colo. Rev. Stat. 40-15-509.5
Broadband service - report - broadband deployment board - broadband administrative fund - creation - definitions - rules - repeal (Fund - Broadband)
Category: Funding and financing
Topic: Fund - Broadband
Establishes a broadband fund, with money allocated through the Colorado high-cost support mechanism, to provide broadband service in underserved areas. Deployment may be funded through a high-cost support mechanism surcharge.
State Code
(4) (a) There is hereby created in the state treasury the broadband administrative fund, referred to in this section as the "fund". The fund consists of all money allocated from the HCSM for the administration of the board and all money that the general assembly may appropriate to the fund. The money in the fund is subject to annual appropriation by the general assembly for the purposes set forth in this section. All interest earned from the investment of money in the fund is credited to the fund. All money not expended at the end of the fiscal year remains in the fund and does not revert to the general fund or any other fund.
Colorado
2019
Colo. Rev. Stat. 40-15-601 et seq.
Electric easements - commercial broadband service - broadband affiliates - notice required
Category: Infrastructure access
Topic: Rights-of-way (Easements)
Allows electric utilities to use existing easements for electric infrastructure for broadband infrastructure as well, either leasing or granting access to the infrastructure to a broadband affiliate or a third-party broadband provider, without obtaining a new easement. Requires utilities to provide at least 30 days' notice to landowners before exercising this right. Prohibits an electric utility from charging discriminatory fees for different providers when leasing out access to easements. Also prohibits them from discriminating between different providers, favoring their own broadband affiliates, charging unreasonable fees, withholding authorization, or causing unnecessary delays when leasing access to poles. Prohibits an electric utility from providing retail broadband service. Electric utilities may create affiliates to provide broadband service but must treat them as a separate line of business, with no cross-subsidization or favorable treatment.
State Code
(1) With regard to real property subject to an electric easement, if an electric utility, or any commercial broadband supplier designated by the electric utility to act on its behalf, complies with the notice and filing requirements set forth in subsection (2) of this section, the electric utility holding the electric easement may, subject to subsection (4) of this section and without the consent of an interest holder in the real property subject to the electric easement, take the following actions to the extent not already permitted by the electric easement: (a) install, maintain, or own, or permit any commercial broadband supplier, including a broadband affiliate, to install, maintain, or own, an attached facility for operation by a commercial broadband supplier, including a broadband affiliate, in providing commercial broadband service; and (b) lease or otherwise provide to a commercial broadband supplier, including a broadband affiliate, any excess capacity of attached facilities for purposes of providing commercial broadband service. … (1) An electric utility that exercises any rights under section 40-15-602 (1)(a) or (1)(b) for the provision of commercial broadband service shall: (a) not discriminate among commercial broadband suppliers, including broadband affiliates, in offering or granting rights to install or attach any attached facilities; or (b) charge fees that are nondiscriminatory among commercial broadband suppliers for a substantially similar lease or use of the capacity of attached facilities owned or controlled by the electric utility, but only to the extent an electric utility chooses, in its sole discretion, to offer the lease or use to a particular commercial broadband supplier. … (5) An electric utility shall not directly provide retail commercial broadband service but may cause or allow a broadband affiliate to offer retail commercial broadband service. As long as an electric utility maintains its exclusive right to provide electric service to customers within its exclusive service territory, both the electric utility that has a broadband affiliate and the broadband affiliate shall: (a) maintain or cause to be maintained an accounting system for the broadband affiliate separate from the electric utility's accounting system, using generally accepted accounting principles or another reasonable and customary allocation method
Connecticut
2015
Conn. Gen. Stat. 16-2a (c)
Office of Consumer Counsel, Office of State Broadband, consumer counsel, staff
Category: Broadband programs
Topic: Office
Establishes an Office of State Broadband within the Office of Consumer Counsel to facilitate broadband access to Connecticut residents and to increase both access to and adoption of gigabit service. Authorizes the Office of Consumer Counsel to work collaboratively with public and nonprofit entities and other state agencies and to provide advisory assistance to local governments and private corporations to expand broadband access. Defines the role of broadband policy coordinator and allows the consumer counsel to provide other staff as necessary.
State Code
(c) There shall be established an Office of State Broadband within the Office of Consumer Counsel. The Office of State Broadband shall work to facilitate the availability of broadband access to every state citizen and to increase access to and the adoption of ultra-high-speed gigabit capable broadband networks. The Office of Consumer Counsel may work in collaboration with public and nonprofit entities and state agencies, and may provide advisory assistance to municipalities, local authorities and private corporations for the purpose of maximizing opportunities for the expansion of broadband access in the state and fostering innovative approaches to broadband in the state, including the procurement of grants for such purpose. The Office of State Broadband shall include a Broadband Policy Coordinator and such other staff as the Consumer Counsel deems necessary to perform the duties of the Office of State Broadband.
Connecticut
2019
Conn. Gen. Stat. 16-50aaa
Council on 5G Technology
Category: Broadband programs
Topic: Task Force
Creates a Council on 5G Technology, to review requests from small cellular providers to access state property to install necessary infrastructure. Also requires the Office of Policy and Management to work with communities and providers to encourage the establishment of streamlined processes for small cell deployment.
State Code
(b) There shall be a Council on 5G Technology. The council shall consist of the following members or their designees: (1) One employee of the office of the Governor, designated by the Governor; (2) the Secretary of the Office of Policy and Management; (3) the Commissioner of Administrative Services; (4) the Commissioner of Transportation; (5) the Commissioner of Energy and Environmental Protection; (6) the president of The University of Connecticut; and (7) the president of the Connecticut State Colleges and Universities. (c) The council shall adopt guidelines for (1) its operations; and (2) the determinations it makes pursuant to subdivision (2) of subsection (d) of this section, which shall include, but not be limited to, guidelines concerning the safe placement of personal wireless service facilities and small wireless facilities, the protection of open space land when reviewing for use of state real properties submitted in accordance with subdivision (1) of subsection (d) of this section and extensions of time for a determination by the council. The adoption of such guidelines shall not be subject to chapter 54 of the general statutes. (d) (1) A wireless carrier or permitted entity may request to use state real properties for the placement, construction, maintenance and operation of personal wireless service facilities and small wireless facilities in accordance with this subsection. A request for the use of state real properties shall be submitted to the council using the common form developed pursuant to subsection (g) of this section.
Connecticut
2016
Conn. Gen. Stat. 32-39l
Planning grants-in-aid, innovation place designation
Category: Broadband programs
Topic: Promotional
Addresses the requirements for an application for an innovation place designation, including a master plan. The plan can cite improvement of technology infrastructure, including broadband.
State Code
(2) A master plan may include, but shall not be limited to, (A) plans for: (i) Attracting and directing support to start-up and growth stage businesses; (ii) development, in collaboration with private partners, of a business incubator, coworking space, business accelerator or public meeting space; (iii) events and community building; (iv) marketing and outreach; (v) open space improvement; (vi) housing development; (vii) improvement of technology infrastructure, including, but not limited to, broadband improvement; (viii) bicycle paths; and (ix) attracting anchor institutions, and (B) community letters of support from persons or entities other than the applicant.
Connecticut
2020
Conn. Gen. Stat. 7-536
Definitions. Allocation of funds. Projects. Formulas. Applications for funds. Criteria for review of applications. Use of funds
Category: Funding and financing
Topic: Fund - Other
Defines local capital improvement projects for purposes of eligibility for the Local Capital Improvement Fund as including activities related to planning a municipal broadband network.
State Code
(a) (4) “Local capital improvement project” means a municipal capital expenditure project for any of the following purposes:…(S) activities related to the planning of a municipal broadband network, provided the speed of the network shall be not less than three hundred eighty-four thousand bits per second…. “Local capital improvement project” means only capital expenditures and includes repairs incident to reconstruction and renovation but does not include ordinary repairs and maintenance of an ongoing nature.
Delaware
2017
Del. Code tit. 17, 1601 et seq.
Advanced Wireless Infrastructure Investment Act
Category: Infrastructure access
Topic: Small cell facilities
Addresses access to state right of way for small cell deployment. Does not allow the Department of Transportation to charge wireless providers an application fee or fee for using the right of way for constructing, installing, or maintaining a wireless facility or small wireless support structure. But it does require the wireless provider to pay the actual costs borne by the Department of Transportation in administering the program (including permitting and inspections). These fees cannot exceed $100 per small cell facility on a permit application.
Defines allowable conditions and requirements of co-location within the right of way, including co-locating facilities wherever possible. Defines conditions of use and occupancy agreements, including that they protect the safety of travelers on roadways, do not unreasonably interfere with existing public uses, and are competitively neutral and nondiscriminatory. Allows the Department of Transportation to require providers to relocate wireless facilities at its expense.
Addresses permitting requirements, including review and approval timelines. Applications are deemed approved if the Department of Transportation does not approve or deny them within 60 days. Allows the Department of Transportation to require the provider to repair damage caused to the right of way because of its work.
State Code
The General Assembly finds and declares as follows: (1) To foster economic development in this State, responsible and reasonable investment in and development of wireless communications systems employing advanced technology shall be encouraged as an integral part of the State's infrastructure. (2) The design, engineering, permitting, construction, modification, maintenance, and operation of wireless facilities are instrumental to the provision of emergency services, and to increasing access to advanced technology and information for the citizens of Delaware. (3) The Department of Transportation in accordance with § 131(a) of this title is responsible for the absolute care, management and control of the state rights-of-way. (4) Wireless services providers and wireless infrastructure providers are not public utilities under § 102(2) of Title 26, but need access to the state rights-of-way and the ability to attach to poles and structures in the state rights-of-way to densify their networks and provide next generation services subject to the same policies and procedures as public utilities for accommodation in the state rights-of-way. (5) Small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, often may be deployed most effectively in the state rights-of-way. (6) Accordingly, expeditious processes and reasonable and nondiscriminatory rates and terms related to such deployments are essential to the construction and maintenance of wireless facilities. (7) Wireless facilities help ensure the State remains competitive in the global economy. (8) The timely design, engineering, permitting, construction, modification, maintenance, and operation of wireless facilities are declared to be matters of statewide concern and interest.
Delaware
2014
Del. Code tit. 26, 115
Public policy, regulatory assessment, definition of revenue, returns, collection of assessment
Category: Funding and financing
Topic: Fund - Broadband
Created a fee in lieu of the regulatory assessment imposed under Del. Code tit. 26, 115, and required service providers to pay an assessment to the Delaware Broadband Fund for a specified time, ending Jan. 30, 2016. After that date, the obligation to make payments under Section 115 or this title ceased.
State Code
(h) In lieu of the regulatory assessment imposed under this section, a telecommunications service provider shall pay an assessment into the Delaware Broadband Fund. On August 1, 2013, the telecommunications service provider shall pay into the fund 1/2 of the amount of its 2011 regulatory assessment in lieu of the amounts due under this section for the period January 1, 2013, through June 2013 and shall continue making payments into the Fund in lieu of any amounts due under this section for an additional 3 years beginning on January 30, 2014, and ending on January 30, 2016, in an amount equal to the regulatory assessment for the year 2011, after which time the obligation under subsections (a)-(g) of this section or to make payments under this subsection shall cease.
Delaware
2013
Del. Code tit. 26, 709
Delaware Broadband Fund
Category: Funding and financing
Topic: Fund - Broadband
Created the Delaware Broadband Fund, administered by the secretary of the Department of Technology, to support broadband services in Delaware schools and public libraries and to support rural broadband initiatives in underserved areas. Required the secretary to create a plan for distributing monies in the fund and required that all funds be distributed by July 1, 2018.
State Code
(a) The State shall create a fund designated as the "Delaware Broadband Fund'' (the "Fund'') to be used to support and enhance broadband services in the State's public schools and public libraries and for rural broadband initiatives in unserved areas of the State. (b) The Fund shall be administered by the Secretary of the Department of Technology and Information. The Secretary shall develop a plan to carry out the purposes of subsection (a) of this section and, after concurrence of the Controller General and Director of the Office of Management and Budget, may distribute moneys from the Fund to implement such plan. (c) All moneys in the Fund shall be distributed by July 1, 2018, and the Fund shall terminate at that time.
Delaware
2013
Del. Code tit. 26, 710
Regulatory assessment
Category: Funding and financing
Topic: Fund - Broadband
Created a fee in lieu of the regulatory assessment imposed under Del. Code tit. 26, 115, and required service providers to pay an assessment into the Delaware Broadband Fund for a specified time, ending Jan. 30, 2016, after which time the obligation to make payments under Section 115 or this title ceased.
State Code
In lieu of the regulatory assessment imposed under § 115 of this title, a service provider shall pay an assessment into the Delaware Broadband Fund. On August 1, 2013, the service provider shall pay into the fund 1/2 of the amount of its 2011 regulatory assessment in lieu of the amounts due under § 115 of this title for the period January 1, 2013, through June 2013 and shall continue making payments into the Fund in lieu of any amounts due under § 115 of this title for an additional 3 years beginning on January 30, 2014, and ending on January 30, 2016, in an amount equal to the regulatory assessment for the year 2011, after which time the obligation under § 115 of this title or to make payments under this section shall cease.
Florida
no date
Fla. Stat. 1011.62(12)
Florida Digital Classroom Allocation
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Creates the Florida Digital Classroom Allocation, which provides money to schools for educational technology, including expenses that qualify for E-rate.
State Code
(a) The Florida digital classrooms allocation is created to support the efforts of school districts and schools, including charter schools, to integrate technology in classroom teaching and learning to ensure students have access to high-quality electronic and digital instructional materials and resources, and empower classroom teachers to help their students succeed. Each school district shall receive a minimum digital classrooms allocation in the amount provided in the General Appropriations Act. The remaining balance of the digital classrooms allocation shall be allocated based on each school district_��s proportionate share of the state_��s total unweighted full-time equivalent student enrollment. (b) Funds allocated under this subsection must be used for costs associated with: 1. Acquiring and maintaining the items on the eligible services list authorized by the Universal Service Administrative Company for the Schools and Libraries Program, more commonly referred to as the federal E-rate program.
Florida
2020
Fla. Stat. 288.0655
Rural Infrastructure Fund
Category: Funding and financing
Topic: Fund - Other
Creates a Rural Infrastructure Fund within the Department of Economic Opportunity to support infrastructure projects in rural communities and includes broadband facilities as eligible for support from the fund.
State Code
(b) To facilitate access of rural communities and rural areas of opportunity as defined by the Rural Economic Development Initiative to infrastructure funding programs of the Federal Government, such as those offered by the United States Department of Agriculture and the United States Department of Commerce, and state programs, including those offered by Rural Economic Development Initiative agencies, and to facilitate local government or private infrastructure funding efforts, the department may award grants for up to 30 percent of the total infrastructure project cost…Eligible uses of funds shall include improvements to public infrastructure for industrial or commercial sites and upgrades to or development of public tourism infrastructure. Authorized infrastructure may include the following public or public-private partnership facilities: storm water systems; telecommunications facilities; broadband facilities; roads or other remedies to transportation impediments; nature-based tourism facilities; or other physical requirements necessary to facilitate tourism, trade, and economic development activities in the community. Authorized infrastructure may also include publicly or privately owned self-powered nature-based tourism facilities, publicly owned telecommunications facilities, and broadband facilities, and additions to the distribution facilities of the existing natural gas utility as defined in s. 366.04(3)(c), the existing electric utility as defined in s. 366.02, or the existing water or wastewater utility as defined in s. 367.021(12), or any other existing water or wastewater facility…
Florida
2017
Fla. Stat. 337.401
Use of right of way for utilities subject to regulation; permit; fees (Rights-of-way)
Category: Infrastructure access
Topic: Rights-of-way (Other)
Addresses right of way access for communications service providers across, on, or within the limits or any road or publicly owned rail corridors. Addresses allowable rules and fees.
State Code
(1)(a) The department and local governmental entities, referred to in this section and in ss. 337.402, 337.403, and 337.404 as the “authority,” that have jurisdiction and control of public roads or publicly owned rail corridors are authorized to prescribe and enforce reasonable rules or regulations with reference to the placing and maintaining across, on, or within the right-of-way limits of any road or publicly owned rail corridors under their respective jurisdictions any electric transmission, voice, telegraph, data, or other communications services lines or wireless facilities; pole lines; poles; railways; ditches; sewers; water, heat, or gas mains; pipelines; fences; gasoline tanks and pumps; or other structures referred to in this section and in ss. 337.402, 337.403, and 337.404 as the “utility.” The department may enter into a permit-delegation agreement with a governmental entity if issuance of a permit is based on requirements that the department finds will ensure the safety and integrity of facilities of the Department of Transportation; however, the permit-delegation agreement does not apply to facilities of electric utilities as defined in s. 366.02(2). (b) For aerial and underground electric utility transmission lines designed to operate at 69 or more kilovolts that are needed to accommodate the additional electrical transfer capacity on the transmission grid resulting from new base-load generating facilities, the department’s rules shall provide for placement of and access to such transmission lines adjacent to and within the right-of-way of any department-controlled public roads, including longitudinally within limited access facilities where there is no other practicable alternative available, to the greatest extent allowed by federal law, if compliance with the standards established by such rules is achieved. Without limiting or conditioning the department’s jurisdiction or authority described in paragraph (a), with respect to limited access right-of-way, such rules may include, but need not be limited to, that the use of the right-of-way for longitudinal placement of electric utility transmission lines is reasonable based upon a consideration of economic and environmental factors, including, without limitation, other practicable alternative alignments, utility corridors and easements, impacts on adjacent property owners, and minimum clear zones and other safety standards, and further provide that placement of the electric utility transmission lines within the department’s right-of-way does not interfere with operational requirements of the transportation facility or planned or potential future expansion of such transportation facility. If the department approves longitudinal placement of electric utility transmission lines in limited access facilities, compensation for the use of the right-of-way is required. Such consideration or compensation paid by the electric utility in connection with the department’s issuance of a permit does not create any property right in the department’s property regardless of the amount of consideration paid or the improvements constructed on the property by the utility. Upon notice by the department that the property is needed for expansion or improvement of the transportation facility, the electric utility transmission line will be removed or relocated at the electric utility’s sole expense. The electric utility shall pay to the department reasonable damages resulting from the utility’s failure or refusal to timely remove or relocate its transmission lines. The rules to be adopted by the department may also address the compensation methodology and removal or relocation. As used in this subsection, the term “base-load generating facilities” means electric power plants that are certified under part II of chapter 403.
Florida
2017
Fla. Stat. 337.401
Use of right of way for utilities subject to regulation; permit; fees (Small cell facilities)
Category: Infrastructure access
Topic: Small cell facilities
Addresses small cell facilities. States that counties and municipalities cannot prohibit, regulate, or charge a fee for the co-location of small wireless facilities in the public right of way. Prohibits counties and municipalities from requiring unrelated services, including in-kind contributions, for co-location. Addresses utility pole placement and height. Sets application timelines and deems the application complete if the county or municipality does not notify the applicant that it is incomplete within 14 days and deemed approved if the applicant is not notified of approval or denial within 60 days. Allows consolidated applications for up to 30 small cell facilities on a single permit. Outlines allowable reasons for denying a permit, including interfering with traffic and failing to comply with the Americans With Disabilities Act, the 2010 Florida Department of Transportation Utility Accommodation Manual, or applicable codes. Sets attachment rate for co-locating a small wireless facility at a rate not to exceed $150 per pole per year. Addresses historic preservation and local authority to enforce historic preservation zoning regulations for designated historic areas. Does not allow co-location of small cell facilities in the right of way within a retirement community or on a coastal barrier island.
State Code
This subsection may be cited as the “Advanced Wireless Infrastructure Deployment Act.” … (c) Except as provided in this subsection, an authority may not prohibit, regulate, or charge for the collocation of small wireless facilities in the public rights-of-way.
(d) An authority may require a registration process and permit fees in accordance with subsection (3). An authority shall accept applications for permits and shall process and issue permits subject to the following requirements:
1. An authority may not directly or indirectly require an applicant to perform services unrelated to the collocation for which approval is sought, such as in-kind contributions to the authority, including reserving fiber, conduit, or pole space for the authority.
2. An applicant may not be required to provide more information to obtain a permit than is necessary to demonstrate the applicant’s compliance with applicable codes for the placement of small wireless facilities in the locations identified the application.
3. An authority may not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole.
4. An authority may not limit the placement of small wireless facilities by minimum separation distances.
Florida
2019
Fla. Stat. 338.2278
Multi-use Corridors of Regional Economic Significance Program
Category: Other
Topic: Other
Creates the Multi-Use Corridors of Regional Economic Significance program to construct regional corridors capable of accommodating multiple modes of transportation and other infrastructure, including broadband.
State Code
(1) There is created within the department the Multi-use Corridors of Regional Economic Significance Program. The purpose of the program is to revitalize rural communities, encourage job creation, and provide regional connectivity while leveraging technology, enhancing quality of life and public safety, and protecting the environment and natural resources. The objective of the program is to advance the construction of regional corridors that are intended to accommodate multiple modes of transportation and multiple types of infrastructure. The intended benefits of the program include, but are not limited to, addressing issues such as: … (d) Broadband, water, and sewer connectivity.
Florida
2020
Fla. Stat. 339.0801
Allocation of increased revenues derived from amendments to s. 319.32(5)(a) by ch. 2012-128
Category: Funding and financing
Topic: Fund - Other
Directs $35 million drawn from motor vehicle fee revenue to the State Transportation Trust Fund to be transferred to Florida’s Turnpike Enterprise annually. Allows up to $5 million of funding from Florida’s Turnpike Enterprise to be spent on broadband infrastructure development projects each year.
State Code
Funds that result from increased revenues to the State Transportation Trust Fund derived from the amendments to s. 319.32(5)(a) made by this act must be used annually, first as set forth in subsection (1) and then as set forth in subsections (2)-(5), notwithstanding any other provision of law: (2) (b) Beginning with the 2022-2023 fiscal year and annually thereafter, $35 million shall be transferred to Florida’s Turnpike Enterprise, to be used in accordance with s. 338.2278, with preference to feeder roads, interchanges, and appurtenances that create or facilitate multiuse corridor access and connectivity. Of those funds, and to the maximum extent feasible, up to $5 million annually may be used for projects that assist in the development of broadband infrastructure within or adjacent to a multiuse corridor. The department shall give priority consideration to broadband infrastructure projects located in any area designated as a rural area of opportunity under s. 288.0656 and adjacent to a multiuse corridor.
Florida
no date
Fla. Stat. 350.81
Communications services offered by governmental entities (Municipal Broadband)
Category: Competition and regulation
Topic: Municipal Broadband
Addresses requirements for governmental entities proposing to provide communications services (including advanced services), including holding two public hearings at least 30 days apart for which notice of the first hearing is provided at least 30 days in advance in the predominant newspaper in the area. Defines requirements for what must be considered at the public hearings, including whether and to what extent similar service is offered in the community, capital and operating expenditures, and public and private benefits of the service. A business plan must be made available at one or more of the hearings, and the service must be authorized by majority vote and a formal means of adoption. Places limits on bonding authority. Prohibits cross-subsidization of communications services and requires that separate operating and capital budgets be adopted for these services. Requires the governmental entity to apply its policies in a nondiscriminatory manner that does not favor its own operations, including access to right of way and permitting.
State Code
(2)(a) A governmental entity that proposes to provide a communications service shall hold no less than two public hearings, which shall be held not less than 30 days apart. At least 30 days before the first of the two public hearings, the governmental entity must give notice of the hearing in the predominant newspaper of general circulation in the area considered for service. At least 40 days before the first public hearing, the governmental entity must electronically provide notice to the Department of Revenue and the Public Service Commission, which shall post the notice on the department’s and the commission’s website to be available to the public. The Department of Revenue shall also send the notice by United States Postal Service to the known addresses for all dealers of communications services registered with the department under chapter 202 or provide an electronic notification, if the means are available, within 10 days after receiving the notice. The notice must include the time and place of the hearings and must state that the purpose of the hearings is to consider whether the governmental entity will provide communications services. The notice must include, at a minimum, the geographic areas proposed to be served by the governmental entity and the services, if any, which the governmental entity believes are not currently being adequately provided. The notice must also state that any dealer who wishes to do so may appear and be heard at the public hearings. (b) At a public hearing required by this subsection, a governmental entity must, at a minimum, consider: 1. Whether the service that is proposed to be provided is currently being offered in the community and, if so, whether the service is generally available throughout the community. 2. Whether a similar service is currently being offered in the community and, if so, whether the service is generally available throughout the community. 3. If the same or similar service is not currently offered, whether any other service provider proposes to offer the same or a similar service and, if so, what assurances that service provider is willing or able to offer regarding the same or similar service. 4. The capital investment required by the government entity to provide the communications service, the estimated realistic cost of operation and maintenance and, using a full cost-accounting method, the estimated realistic revenues and expenses of providing the service and the proposed method of financing.5. The private and public costs and benefits of providing the service by a private entity or a governmental entity, including the affect on existing and future jobs, actual economic development prospects, tax-base growth, education, and public health. (c) At one or more of the public hearings under this subsection, the governmental entity must make available to the public a written business plan for the proposed communications service venture containing, at a minimum: 1. The projected number of subscribers to be served by the venture. 2. The geographic area to be served by the venture. 3. The types of communications services to be provided. 4. A plan to ensure that revenues exceed operating expenses and payment of principal and interest on debt within 4 years. 5. Estimated capital and operational costs and revenues for the first 4 years. 6. Projected network modernization and technological upgrade plans, including estimated costs. (d) After making specific findings regarding the factors in paragraphs (b) and (c), the governmental entity may authorize providing a communications service by a majority recorded vote and by resolution, ordinance, or other formal means of adoption. (e) The governing body of a governmental entity may issue one or more bonds to finance the capital costs for facilities to provide a communications service. However: 1. A governmental entity may only pledge revenues in support of the issuance of any bond to finance providing a communications service: a. Within the county in which the governmental entity is located; b. Within an area in which the governmental entity provides electric service outside its home county under an electric service territorial agreement approved by the Public Service Commission before the effective date of this act; or c. If the governmental entity is a municipality or special district, within its corporate limits or in an area in which the municipality or special district provides water, wastewater, electric, or natural gas service, or within an urban service area designated in a comprehensive plan, whichever is larger, unless the municipality or special district obtains the consent by formal action of the governmental entity within the boundaries of which the municipality or special district proposes to provide service. For consent to be effective, any governmental entity from which consent is sought shall be located within the county in which the governmental entity is located or that county. 2. Revenue bonds issued in order to finance providing a communications service are not subject to the approval of the electors if the revenue bonds mature within 15 years. Revenue bonds issued to finance providing a communications service that does not mature within 15 years must be approved by the electors. The election must be conducted as specified in chapter 100. (f) A governmental entity providing a communications service may not price any service below the cost of providing the service by subsidizing the communications service with moneys from rates paid by subscribers of a noncommunications services utility or from any other revenues. The cost standard for determining cross-subsidization is whether the total revenue from the service is less than the total long-run incremental cost of the service. Total long-run incremental cost means service-specific volume and nonvolume-sensitive costs. (g) A governmental entity providing a communications service must comply with the requirements of s. 218.32 and shall keep separate and accurate books and records, maintained in accordance with generally accepted accounting principles, of a governmental entity’s communication service, and they shall be made available for any audits of the books and records conducted under applicable law. To facilitate equitable distribution of indirect costs, a local government shall develop and follow a cost-allocation plan, which is a procedure for allocating direct and indirect costs and which is generally developed in accordance with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Government, published by the United States Office of Management and Budget. (h) The governmental entity shall establish an enterprise fund to account for its operation of communications services.
Florida
no date
Fla. Stat. 350.81
Communications services offered by governmental entities (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines advanced service as high-speed internet access at Speed of at least 200 kilobits per second for uploads or downloads, including services or applications provided over the connection or any information service as defined in 47 U.S.C. § 153(20).
State Code
(a) “Advanced service” means high-speed-Internet-access-service capability in excess of 200 kilobits per second in the upstream or the downstream direction, including any service application provided over the high-speed-access service or any information service as defined in 47 U.S.C. s. 153(20).
Florida
2011
Fla. Stat. 364.011
Exemptions from commission jurisdiction
Category: Competition and regulation
Topic: Regulatory Authority
Exempts broadband services from Public Utilities Commission jurisdiction.
State Code
The following services are exempt from oversight by the commission, except to the extent delineated in this chapter: (1) Intrastate interexchange telecommunications services. (2) Broadband services, regardless of the provider, platform, or protocol. (3) VoIP. (4) Wireless telecommunications, including commercial mobile radio service providers. (5) Basic service. (6) Nonbasic services or comparable services offered by any telecommunications company.
Florida
2009
Fla. Stat. 364.013
Emerging and advanced services
Category: Competition and regulation
Topic: Regulatory Authority
Exempts broadband service from Public Utilities Commission jurisdiction and states that it shall be free of state regulation, regardless of the provider, platform, or protocol.
State Code
Broadband service and the provision of voice-over-Internet-protocol (VoIP) are exempt from commission jurisdiction and shall be free of state regulation, except as delineated in this chapter, regardless of the provider, platform, or protocol. Notwithstanding the exemptions in this chapter, a competitive local exchange telecommunications company is entitled to interconnection with a local exchange telecommunications company to transmit and route voice traffic between both the competitive local exchange telecommunications company and the local exchange telecommunications company regardless of the technology by which the voice traffic is originated by and terminated to an end user. The commission shall afford such competitive local exchange telecommunications company all substantive and procedural rights available to such companies regarding interconnection under the law.
Florida
2020
Fla. Stat. 364.0135 (1)
Promotion of broadband adoption; Florida Office of Broadband
Category: Other
Topic: Legislative Intent
Declares that financially sustainable broadband is critical for economic and business development and beneficial for community institutions.
State Code
LEGISLATIVE FINDINGS.—The Legislature finds that the sustainable adoption of broadband Internet service is critical to the economic and business development of the state and is beneficial for libraries, schools, colleges and universities, health care providers, and community organizations.
Florida
2020
Fla. Stat. 364.0135 (2)
Promotion of broadband adoption; Florida Office of Broadband
Category: Definitions
Topic: Definition - Underserved
Defines “underserved” as an area where no broadband service provider offers an internet connection with download speeds of at least 10 megabits per second (Mbps) downstream and upload speeds of 1 Mbps.
State Code
(d) “Underserved” means a geographic area of the state in which there is no provider of broadband Internet service that offers a connection to the Internet with a capacity for transmission at a consistent speed of at least 10 megabits per second downstream and at least 1 megabit per second upstream.
Florida
2020
Fla. Stat. 364.0135 (3)
Promotion of broadband adoption; Florida Office of Broadband
Category: Broadband programs
Topic: Agency
Directs the Department of Economic Opportunity to lead expansion of broadband service in Florida.
State Code
STATE AGENCY.—The department is designated as the lead state agency to facilitate the expansion of broadband Internet service in the state. The department shall work collaboratively with private businesses and receive staffing support and other resources from Enterprise Florida, Inc., state agencies, local governments, and community organizations.
Florida
2020
Fla. Stat. 364.0135 (4)
Promotion of broadband adoption; Florida Office of Broadband
Category: Broadband programs
Topic: Office
Establishes the Florida Office of Broadband within the Division of Community Development in the Department of Economic Opportunity and tasks the office with creating a strategic plan for expanding broadband; building and facilitating local technology planning teams or partnerships with community stakeholders; encouraging the use of broadband service, especially in rural, underserved, or unserved communities; and monitoring and participating in proceedings of federal agencies related to the broadband access.
State Code
FLORIDA OFFICE OF BROADBAND.—The Florida Office of Broadband is created within the Division of Community Development in the department for the purpose of developing, marketing, and promoting broadband Internet services in the state. The office, in the performance of its duties, shall do all of the following:
(a) Create a strategic plan that has goals and strategies for increasing the use of broadband Internet service in the state. The plan must include a process to review and verify public input regarding transmission speeds and availability of broadband Internet service throughout the state.
(b) Build and facilitate local technology planning teams or partnerships with members representing cross-sections of the community, which may include, but are not limited to, representatives from the following organizations and industries: libraries, K-12 education, colleges and universities, local health care providers, private businesses, community organizations, economic development organizations, local governments, tourism, parks and recreation, and agriculture.
(c) Encourage the use of broadband Internet service, especially in the rural, unserved, or underserved communities of the state through grant programs having effective strategies to facilitate the statewide deployment of broadband Internet service.
Florida
2005
Fla. Stat. 364.02
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband service as any service that can transmit or receive information at a speed of at least 200 kilobits per second and provides either access to the internet or computer processing information storage, information content, or protocol conversion. The definition excludes any intrastate telecommunications services that were tariffed by the Public Utilities Commission on or before Jan. 1, 2005.
State Code
(2) “Broadband service” means any service that consists of or includes the offering of the capability to transmit or receive information at a rate that is not less than 200 kilobits per second and either: (a) Is used to provide access to the Internet; or (b) Provides computer processing, information storage, information content, or protocol conversion in combination with the service. The definition of broadband service does not include any intrastate telecommunications services that have been tariffed with the commission on or before January 1, 2005.
Florida
no date
Fla. Stat. 364.0361
Local government authority; nondiscriminatory exercise
Category: Competition and regulation
Topic: Service Provision - Other
Requires local governments to treat telecommunications companies in a nondiscriminatory manner when exercising franchise authority. Does not allow local governments to directly or indirectly regulate the terms and conditions, including broadband or information service.
State Code
A local government shall treat each telecommunications company in a nondiscriminatory manner when exercising its authority to grant franchises to a telecommunications company or to otherwise establish conditions or compensation for the use of rights-of-way or other public property by a telecommunications company. A local government may not directly or indirectly regulate the terms and conditions, including, but not limited to, the operating systems, qualifications, services, service quality, service territory, and prices, applicable to or in connection with the provision of any voice-over-Internet protocol, regardless of the platform, provider, or protocol, broadband or information service. This section does not relieve a provider from any obligations under s. 337.401.
Florida
2000
Fla. Stat. 445.046
Establishment of a network access point
Category: Other
Topic: Legislative Intent
Addresses state support to enhance the information technology industry in the state, including efforts that increase broadband technology. Focuses on developing a network access point to achieve this goal and seeks to encourage private information technology businesses to partner to develop the network access point.
State Code
The state actively supports efforts that enhance the information technology industry in this state, particularly those efforts that increase broadband technology. A critical initiative to enhance this industry in this state is determined to be the development of a network access point, which is defined to be a carrier-neutral, public-private Internet traffic exchange point. The state encourages private information technology businesses to forge partnerships to develop a network access point in this state. Moreover, the state recognizes the importance of a network access point that addresses the needs of small information technology businesses.
Georgia
no date
Ga. Code Ann. 32-2-2
Powers and duties of department generally (Fund - Broadband)
Category: Funding and financing
Topic: Fund - Broadband
Allows the department of transportation to promote using interstate highways and state-owned roads to deploy broadband and directs all funds from such use that are not subject to the jurisdiction of the Federal Highway Administration or otherwise restricted by federal laws to the general fund to be used as defined in Title 50, Chapter 40 for the deployment of broadband services.
State Code
All net revenues from the use, lease, or other activities in such rights of way in excess of any project costs, that are not subject to the jurisdiction of the Federal Highway Administration or that are not otherwise restricted by any federal laws, rules, or regulations, shall be paid into the general fund of the state treasury subject to any restrictions imposed by the Federal Highway Administration. It is the intention of the General Assembly, subject to the appropriation process, that a portion of the amount so deposited into the general fund of the state treasury be appropriated each year to programs to be administered by the Georgia Technology Authority, the Department of Community Affairs, and other state agencies as provided in Chapter 40 of Title 50 to be used to promote and provide broadband services throughout the state.
Georgia
no date
Ga. Code Ann. 32-2-2
Powers and duties of department generally (Rights-of-way)
Category: Infrastructure access
Topic: Rights-of-way (Other)
Gives the Department of Transportation, in consultation with the Georgia Technology Authority, the authority to create and implement a long-term strategy for using interstate highways and state-owned right of way to deploy broadband and other emerging communications technologies. Allows the department to promote the use of interstate highways and state-owned roads for broadband deployment.
State Code
(20) The department, in consultation with the Georgia Technology Authority, shall have the authority to plan for, establish, and implement a long-term policy with regard to the use of the rights of way of the interstate highways and state owned roads for the establishment, development, and maintenance of the deployment of broadband services and other emerging communications technologies throughout the state by public or private providers, or both. The department shall be authorized to promote and encourage the use of such rights of way of the interstate highways and state owned roads for such purposes to the extent feasible and prudent.
Georgia
2014
Ga. Code Ann. 36-66B-1 et seq.
Mobile Broadband Infrastructure Leads to Development (BILD) Act
Category: Infrastructure access
Topic: Wireless facilities
Establishes procedural standards to streamline the construction, co-location, and modification of wireless facilities. Allows modification or co-location without additional zoning or land use review. Defines requirements under which modifications or co-locations will not be subject to additional zoning review. Sets review timelines for applications and conditions of approval. Does not allow local governments to charge zoning, permitting, or inspection fees greater than $500, or to charge rental, license, or other fees above the fair market value.
State Code
(a) The General Assembly finds that the enactment of this chapter is necessary to: (1) Ensure the safe and efficient integration of facilities necessary for the provision of broadband and other advanced wireless communication services throughout this state; (2) Ensure the ready availability of reliable wireless communication services to the public to support personal communications, economic development, and the general welfare; (3) Encourage where feasible the modification or collocation of wireless facilities on existing wireless support structures over the construction of new wireless support structures in the deployment or expansion of commercial wireless networks; and (4) Allow the deployment of critical wireless infrastructure to ensure that first responders can provide for the health and safety of all residents of Georgia. (b) While recognizing and confirming the purview of local governments to exercise zoning, land use, and permitting authority within their territorial boundaries with regard to the location, construction, and modification of wireless communication facilities, it is the intent of this chapter to establish procedural standards for the exercise of such authority so as to streamline and facilitate the construction, collocation, or modification of such facilities, including the placement of new or additional wireless facilities on existing wireless support structures. It is not the intent of this chapter to limit or preempt the scope of a local government's review of zoning, land use, or permitting applications for the siting of wireless facilities or wireless support structures or to require a local government to exercise its zoning power.
Georgia
2019
Ga. Code Ann. 36-66C-1 et seq.
Streamlining Wireless facilities and Antennas Act
Category: Infrastructure access
Topic: Small cell facilities
Creates a streamlined process for wireless internet service providers to follow to obtain permits for installing small cell infrastructure.
State Code
A wireless provider may collocate small wireless facilities and install, modify, or replace associated poles or decorative poles under this chapter without an agreement with an authority and without an implementing ordinance. An authority may make available to wireless providers rates, fees, and other terms that comply with this chapter and that are adopted by ordinance, resolution, or another document by the authority after public notice. In the absence of an ordinance, a resolution, or another document that complies with this chapter, and until any such ordinance, a resolution, or other document is adopted, if at all, a wireless provider may collocate small wireless facilities and install, modify, or replace associated poles or decorative poles pursuant to the requirements of this chapter. An authority may not require a wireless provider to enter into an agreement to implement this chapter, but nothing in this chapter shall prohibit an authority and a wireless provider from voluntarily entering one or more such agreements, including such agreements with rates, fees, and other terms that differ from those in this chapter; provided, however, that the authority shall make each such agreement available for public inspection and available for adoption upon the same terms and conditions to any requesting wireless provider.
Georgia
2018
Ga. Code Ann. 36-70-6
Promotion of deployment of broadband services by broadband services providers
Category: Broadband programs
Topic: Plan
Requires that local comprehensive plans include broadband deployment.
State Code
(a) As used in this Code section, the terms "broadband services" and "broadband services provider" shall have the same meanings as provided in Code Section 50-40-1. (b) The governing bodies of municipalities and counties shall provide in any comprehensive plan for the promotion of the deployment of broadband services by broadband services providers.
Georgia
2019
Ga. Code Ann. 46-3-171
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband services as a wired or wireless service that provides access to the internet at speeds of at least 200 kilobits per second.
State Code
(2.3) 'Broadband services' means a wired or wireless service that consists of the capability to transmit data at a rate not less than 200 kilobits per second to and from end users and in combination with such service provides: (A) Access to the internet; (B) Computer processing, information storage, or protocol conversion; or (C) Any application or information content to be provided over or through broadband. Such term shall include any broadband facilities and equipment associated with providing such a service.
Georgia
2019
Ga. Code Ann. 46-3-200 et seq.
Purposes of electric membership corporations
Category: Competition and regulation
Topic: Cooperatives
Allows electric cooperatives to provide broadband services either directly or through an affiliate and accept grants and loans and enter into contracts to provide broadband service, provided that there is no cross-subsidization between its different lines of business and they provide nondiscriminatory access to poles.
State Code
An electric membership corporation may serve any one or more of the following purposes: … (4) Provide and operate broadband facilities and provide and use the broadband services described in subparagraphs (A) and (B) of paragraph (8.1) of Code Section 46-3-171; (5) Furnish on a nondiscriminatory basis the broadband services described in subparagraphs (C) and (D) of paragraph (8.1) of Code Section 46-3-171; (6) Form, fund, support, and operate a broadband affiliate, directly or indirectly, contingent upon compliance with Code Sections 46-5-163 and 46-3-200.2
Georgia
2020
Ga. Code Ann. 46-3-200.4
Rates, terms, and conditions for pole attachments between communications service providers and electric membership corporations and their broadband affiliates (Cooperatives)
Category: Competition and regulation
Topic: Cooperatives (Electric)
Authorizes the Public Service Commission to determine rates, fees, terms, conditions, and specifications for any pole attachment agreement entered into by a communications service provider and an electric membership corporation on or after July 1, 2021. Gives the commission jurisdiction to enforce electric membership corporations’ compliance with Georgia Code Ann. 46-3-200.4. Directs the commission to provide expedited adjudication of any complaint regarding a failure to comply with state code and authorizes the commission to engage an administrative law judge for such purposes. Authorizes electric membership corporations and communications service providers to enter into agreements regarding rates, fees, terms, conditions, and specifications for utility pole attachments by communications service providers that differ from those provided in subsection (b) of Georgia Code Ann. 46-3-200.4.
State Code
(b) In order to promote the deployment of broadband services in this state, and except as required by the Tennessee Valley Authority for its distributors in this state, on and after July 1, 2021, the rates, fees, terms, conditions, and specifications in any pole attachment agreement entered into by a communications service provider and an electric membership corporation shall be as determined by the commission, except as provided in subsection (e) of this Code section. Such determination shall be made after consideration of what is just, reasonable, nondiscriminatory, and commercially reasonable. The commission shall by rules and regulations prescribe the process for making such a determination providing all interested parties the opportunity to be heard and to present evidence. On or before January 1, 2021, the commission shall publish the pole attachment rates, fees, terms, conditions, and specifications.
(c) The commission shall have jurisdiction over all electric membership corporations to enforce compliance within the provisions of this Code section. The commission shall provide for an expedited adjudication of any complaint as to a failure to comply with this Code section and may engage an administrative law judge for purposes of such adjudication.
(d) Notwithstanding the provisions of subsection (b) of this Code section, any existing agreement between a communications service provider and an electric membership corporation shall remain in effect until the date of its natural expiration or lawful termination.
(e) Any electric membership corporation and communications service provider may enter into a mutual agreement as to the rates, fees, terms, conditions, and specifications for attachments to utility poles by communications service providers that differ from those provided for in subsection (b) of this Code section.
Georgia
2020
Ga. Code Ann. 46-3-200.4
Rates, terms, and conditions for pole attachments between communications service providers and electric membership corporations and their broadband affiliates (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines “broadband service” as wired or wireless service that can transmit data at a rate of at least 200 kilobits per second (Kbps) and provides access to the internet, computer processing, information storage, and protocol conversion as outlined in Georgia Code Ann. 46-5-221.
State Code
(a) As used in this Code section, the term: (2) "Broadband services" shall have the same meaning as provided for the term "broadband service" in Code Section 46-5-221.
Georgia
2020
Ga. Code Ann. 46-3-205
Use of easements
Category: Infrastructure access
Topic: Rights-of-way (Easements)
Grants owners of easements for electric infrastructure the explicit right to use the same easement for broadband services, unless expressly prohibited in the terms of the easement.
State Code
(a) The General Assembly finds that electric membership corporations providing broadband services should be permitted to use existing electric easements to provide or expand access to broadband services. The General Assembly also finds that utilizing existing electric easements to provide broadband services, without the placement of additional poles or other ground based structures, does not change the physical use of the easement, interfere with or impair any vested rights of the owner or occupier of the real property subject to the electric easement, or place any additional burden on the property interests of such owner or occupier. Consequently, the installation and operation of broadband services within any electric easement are merely changes in the manner or degree of the granted use as appropriate to accommodate a new technology and, absent any applicable express prohibition contained in the instrument conveying or granting the electric easement, shall be deemed as a matter of law to be a permitted use within the scope of every electric easement.
(b) Subject to compliance with any express prohibitions in an electric easement, the owner of an electric easement may use an electric easement to install, maintain, lease, and operate broadband services without incurring liability to the owner or occupant of the real property subject to the electric easement or paying additional compensation to the owner or occupant of the real property subject to the electric easement, so long as no additional poles or other ground based structures are installed; provided, however, that any electric utility owning an electric easement may assess fees and charges and impose reasonable conditions on the use of its facilities within an electric easement for the purpose of providing or supporting broadband services.
(c) (For effective date, see note.) Nothing in this Code section shall in any way affect, abrogate, or eliminate the obligation of an owner of an electric easement that is located on, along, over, across, or under property owned or controlled by a railroad company or state agency to comply with the application, review, safety, and permit requirements of such railroad company or state agency for projects of the nature contemplated by this Code section. Such requirements may include, but are not limited to, insurance coverage and responsibility of the owner of an electric easement to pay for costs incurred by a railroad company or state agency related to such requirements, such as safety measures and engineering review costs. For purposes of this subsection, the term "state agency" means any department, division, board, bureau, commission, or other agency of the state government or any state authority.
Georgia
2006
Ga. Code Ann. 46-5-221
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband service as a service that transmits data at a rate of at least 200 kilobits per second and provides either access to the internet or computer processing, information storage, or protocol conversion.
State Code
(1) "Broadband service" means a service that consists of the capability to transmit at a rate not less than 200 kilobits per second in either the upstream or downstream direction and in combination with such service provide either: (A) Access to the Internet; or (B) Computer processing, information storage, or protocol conversion. For the purposes of this article, broadband service does not include any information content or service applications provided over such access service nor any intrastate service that was subject to a tariff in effect as of September 1, 2005.
Georgia
2010
Ga. Code Ann. 46-5-222
Commission has no authority over setting of rates or terms and conditions for the offering of broadband service, Voice over Internet Protocol, or wireless service; limitations
Category: Competition and regulation
Topic: Regulatory Authority
Defines broadband services as outside the jurisdiction of the Public Service Commission.
State Code
(a) The Public Service Commission shall not have any jurisdiction, right, power, authority, or duty to impose any requirement or regulation relating to the setting of rates or terms and conditions for the offering of broadband service, VoIP, or wireless services. (b) This Code section shall not be construed to affect: (1) State laws of general applicability to all businesses, including, without limitation, consumer protection laws and laws relating to restraint of trade; (2) Any authority of the Public Service Commission with regard to consumer complaints; or (3) Any authority of the Public Service Commission to act in accordance with federal laws or regulations of the Federal Communications Commission, including, without limitation, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements. (c) Except as otherwise expressly provided in this Code section, nothing in this Code section shall be construed to restrict or expand any other authority or jurisdiction of the Public Service Commission.
Georgia
2019
Ga. Code Ann. 46-5-61 et seq.
Declaration of purpose
Category: Competition and regulation
Topic: Cooperatives
Allows telephone cooperatives to provide broadband service either directly or through a subsidiary.
State Code
Cooperative nonprofit corporations may be organized under this part for the purpose of furnishing telephone service in rural areas to the widest practicable number of users of such service. In addition to furnishing telephone service, such cooperative nonprofit corporations may also furnish broadband services directly or indirectly through a contractual arrangement or through a broadband affiliate.
Georgia
2018
Ga. Code Ann. 50-40-1
Definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines broadband as wired or wireless terrestrial service that can transmit at a rate of at least 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads and provides access to the internet or computer processing, information storage, or protocol conversion.
State Code
(2) "Broadband services" means a wired or wireless terrestrial service that consists of the capability to transmit at a rate of not less than 25 megabits per second in the downstream direction and at least 3 megabits per second in the upstream direction to end users and in combination with such service provides: (A) Access to the Internet; or (B) Computer processing, information storage, or protocol conversion.
Georgia
2018
Ga. Code Ann. 50-40-1
Definitions (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines a census block as one where broadband service is not available to 20 percent or more of the locations as determined by the Department of Community Affairs.
State Code
(11) "Unserved area" means a census block in which broadband services are not available to 20 percent or more of the locations as determined by the Department of Community Affairs pursuant to Article 2 of this chapter.
Georgia
2018
Ga. Code Ann. 50-40-2
Coordination of statewide efforts, development of policies and programs, annual reporting and required information, cooperation between state agencies (Agency)
Category: Broadband programs
Topic: Agency
Authorizes the Georgia Technology Authority to establish and implement policies and programs necessary to coordinate statewide efforts to promote and facilitate broadband deployment. These include a broadband deployment plan, technical support and advisory services to state agencies, analysis of state assets, and coordination among state agencies, local governments, industry, and community organizations. Requires the authority to submit an annual report to the lieutenant governor, speaker of the House, and governor on the authority’s policies and programs, including the status of broadband deployment and deployment of other emerging communications technologies.
State Code
(a) The Georgia Technology Authority is authorized and directed to establish and implement such policies and programs as are necessary to coordinate state-wide efforts to promote and facilitate deployment of broadband services and other emerging communications technologies throughout the state. Such policies and programs may include, but are not limited to, the following: (1) A written state-wide broadband services deployment plan and the development of recommendations for the promotion and implementation of such a plan; (2) Technical support and advisory assistance to state agencies, including, but not limited to, the Department of Community Affairs and the OneGeorgia Authority, in developing grant programs, designation programs, and other programs to promote the deployment of broadband services and other emerging communications technologies; (3) A periodic analysis performed in conjunction with the State Properties Commission of any state assets, including, but not limited to, real property and structures thereon, that may be leased or otherwise utilized for broadband services deployment; and (4) Coordination between state agencies, local governments, industry representatives, community organizations, and other persons that control access to resources, such as facilities and rights of way, that may be used for the deployment of broadband services and other emerging communications technologies, that apply for or receive federal funds for the deployment of broadband services and other emerging communications technologies, and that promote economic and community development. (b) The Georgia Technology Authority shall submit copies of an annual report to the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor regarding the policies and programs established by the authority as provided in subsection (a) of this Code section. Such report shall specifically include information as to the status of attainment of state-wide deployment of broadband services and other emerging communications technologies and industry and technology trends in broadband services and other emerging communications technologies. The Georgia Technology Authority shall also provide such report to all members of the General Assembly; provided, however, that the authority shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of such report in the manner which it deems to be most effective and efficient. Furthermore, such report may be a part of or submitted in conjunction with the report required to be submitted by the Department of Community Affairs pursuant to Code Section 50-40-84. (c) All state agencies shall cooperate with the Georgia Technology Authority and its designated agents by providing requested information to assist in the development and administration of policies and programs and the annual report provided for in this Code section. (d) The Georgia Technology Authority shall promulgate any policies necessary to effectuate the provisions of this Code section.
Georgia
2018
Ga. Code Ann. 50-40-2
Coordination of state-wide efforts; development of policies and programs; annual reporting and required information; cooperation between state agencies (Plan)
Category: Broadband programs
Topic: Plan
Authorizes the Georgia Technology Authority to establish and implement policies and programs to coordinate statewide broadband deployment efforts, including developing a state broadband plan and recommendations for its implementation.
State Code
(a) The Georgia Technology Authority is authorized and directed to establish and implement such policies and programs as are necessary to coordinate state-wide efforts to promote and facilitate deployment of broadband services and other emerging communications technologies throughout the state. Such policies and programs may include, but are not limited to, the following: (1) A written state-wide broadband services deployment plan and the development of recommendations for the promotion and implementation of such a plan; (2) Technical support and advisory assistance to state agencies, including, but not limited to, the Department of Community Affairs and the OneGeorgia Authority, in developing grant programs, designation programs, and other programs to promote the deployment of broadband services and other emerging communications technologies; (3) A periodic analysis performed in conjunction with the State Properties Commission of any state assets, including, but not limited to, real property and structures thereon, that may be leased or otherwise utilized for broadband services deployment; and (4) Coordination between state agencies, local governments, industry representatives, community organizations, and other persons that control access to resources, such as facilities and rights of way, that may be used for the deployment of broadband services and other emerging communications technologies, that apply for or receive federal funds for the deployment of broadband services and other emerging communications technologies, and that promote economic and community development. (b) The Georgia Technology Authority shall submit copies of an annual report to the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor regarding the policies and programs established by the authority as provided in subsection (a) of this Code section. Such report shall specifically include information as to the status of attainment of state-wide deployment of broadband services and other emerging communications technologies and industry and technology trends in broadband services and other emerging communications technologies. The Georgia Technology Authority shall also provide such report to all members of the General Assembly; provided, however, that the authority shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of such report in the manner which it deems to be most effective and efficient. Furthermore, such report may be a part of or submitted in conjunction with the report required to be submitted by the Department of Community Affairs pursuant to Code Section 50-40-84. (c) All state agencies shall cooperate with the Georgia Technology Authority and its designated agents by providing requested information to assist in the development and administration of policies and programs and the annual report provided for in this Code section. (d) The Georgia Technology Authority shall promulgate any policies necessary to effectuate the provisions of this Code section.
Georgia
2018
Ga. Code Ann. 50-40-20 et seq.
Area Identification (Agency)
Category: Broadband programs
Topic: Agency
Directs the Department of Community Affairs to determine and publish a map on its website showing served and unserved areas by Jan. 1, 2019.
State Code
50-40-20. The Department of Community Affairs shall determine those areas in the state that are served areas and unserved areas and shall publish such findings. 50-40-21. (a) On or before January 1, 2019, the Department of Community Affairs shall publish on its website a map showing the unserved areas in the state. (b) The Department of Community Affairs shall consult with the Federal Communications Commission in determining if a map showing the unserved areas, as determined by the Department of Community Affairs, exists. If on or before July 1, 2018, the Department of Community Affairs determines that such a map does not exist then such a map shall be created by the Department of Community Affairs or an agent designated by the Department of Community Affairs. Such agent may include the Georgia Technology Authority or other entities and individuals that are determined by the Department of Community Affairs to possess the necessary prerequisites to assist the department in creating such a map. Any such map created by the Department of Community Affairs shall take into consideration any information received pursuant to subsections (c) and (d) of this Code section and Code Section 50-40-22. If the Department of Community Affairs determines that such a map does exist that was not created by the Department of Community Affairs or an agent designated by the Department of Community Affairs, then its website may link to such existing map in lieu of republishing such map. (c) All local governments shall cooperate with the Department of Community Affairs and any agent designated by the Department of Community Affairs by providing requested information as to addresses and locations of broadband services and other emerging communications technologies within their jurisdictions. (d) The Department of Community Affairs and any agent designated by the Department of Community Affairs may request information from all broadband services providers in the state in developing a map or making the determination as to the percentage of locations within a census block to which broadband services are not available. 50-40-22. Petition contesting maps (a) An entity that is authorized to apply for or that obtains a certificate of authority pursuant to Code Section 45-5-163, a broadband services provider, or a political subdivision may file a petition with the Department of Community Affairs along with data specifying locations or census blocks which the petitioner alleges should be designated differently than as shown on the map published on the website of the Department of Community Affairs pursuant to Code Section 50-40-21. Upon receipt of such petition and data, the Department of Community Affairs shall provide notice of the petition on the Department of Community Affairs' website and shall notify all broadband services providers furnishing broadband services in such census block or any census block in which any such locations are positioned. Such broadband services providers shall have 45 days after the date such notice is sent to furnish information to the Department of Community Affairs showing whether the locations that are the subject of the petition currently have broadband services available. The Department of Community Affairs shall determine whether the designation of such locations or census blocks should be changed and shall issue such determination within 75 days of the date the notice is sent to the broadband services provider. (b) Any determination made by the Department of Community Affairs pursuant to this Code section shall be final and not subject to review and any such determination shall not be a contested case under Chapter 13 of Title 50, "Georgia Administrative Procedure Act."
Georgia
2018
Ga. Code Ann. 50-40-20 et seq.
Area identification (Mapping)
Category: Broadband programs
Topic: Mapping
Directs the Department of Community Affairs to determine served and unserved areas and publish the findings. The department must publish a map on its website by Jan. 1, 2019, that displays unserved areas. Provides direction on how the map should be created, including the option to link to an existing map if such a map is determined to exist. Requires local governments to provide requested information and allows the department to request information from all broadband service providers in the state. Establishes a petition process for contesting maps.
State Code
50-40-20. The Department of Community Affairs shall determine those areas in the state that are served areas and unserved areas and shall publish such findings. 50-40-21. (a) On or before January 1, 2019, the Department of Community Affairs shall publish on its website a map showing the unserved areas in the state. (b) The Department of Community Affairs shall consult with the Federal Communications Commission in determining if a map showing the unserved areas, as determined by the Department of Community Affairs, exists. If on or before July 1, 2018, the Department of Community Affairs determines that such a map does not exist then such a map shall be created by the Department of Community Affairs or an agent designated by the Department of Community Affairs. Such agent may include the Georgia Technology Authority or other entities and individuals that are determined by the Department of Community Affairs to possess the necessary prerequisites to assist the department in creating such a map. Any such map created by the Department of Community Affairs shall take into consideration any information received pursuant to subsections (c) and (d) of this Code section and Code Section 50-40-22. If the Department of Community Affairs determines that such a map does exist that was not created by the Department of Community Affairs or an agent designated by the Department of Community Affairs, then its website may link to such existing map in lieu of republishing such map. (c) All local governments shall cooperate with the Department of Community Affairs and any agent designated by the Department of Community Affairs by providing requested information as to addresses and locations of broadband services and other emerging communications technologies within their jurisdictions. (d) The Department of Community Affairs and any agent designated by the Department of Community Affairs may request information from all broadband services providers in the state in developing a map or making the determination as to the percentage of locations within a census block to which broadband services are not available. 50-40-22. Petition contesting maps (a) An entity that is authorized to apply for or that obtains a certificate of authority pursuant to Code Section 45-5-163, a broadband services provider, or a political subdivision may file a petition with the Department of Community Affairs along with data specifying locations or census blocks which the petitioner alleges should be designated differently than as shown on the map published on the website of the Department of Community Affairs pursuant to Code Section 50-40-21. Upon receipt of such petition and data, the Department of Community Affairs shall provide notice of the petition on the Department of Community Affairs' website and shall notify all broadband services providers furnishing broadband services in such census block or any census block in which any such locations are positioned. Such broadband services providers shall have 45 days after the date such notice is sent to furnish information to the Department of Community Affairs showing whether the locations that are the subject of the petition currently have broadband services available. The Department of Community Affairs shall determine whether the designation of such locations or census blocks should be changed and shall issue such determination within 75 days of the date the notice is sent to the broadband services provider. (b) Any determination made by the Department of Community Affairs pursuant to this Code section shall be final and not subject to review and any such determination shall not be a contested case under Chapter 13 of Title 50, "Georgia Administrative Procedure Act."
Georgia
2018
Ga. Code Ann. 50-40-3
Confidential and proprietary nature of information provided by broadband service providers
Category: Broadband programs
Topic: Mapping
Notes that all data provided by broadband service providers under this chapter will be confidential, proprietary, and exempt from disclosure under federal and state law, except in the form of a map where provider-specific network information is not disclosed. Provider-specific data will only be disclosed to the submitting broadband service provider, employees of the Department of Community Affairs, or the Georgia Technology Authority and the agencies’ attorneys, and agents designated to assist in development of the map.
State Code
All information provided by a broadband services provider pursuant to this chapter shall be presumed to be confidential, proprietary, a trade secret as such term is defined in Code Section 10-1-761, and subject to exemption from disclosure under state and federal law and shall not be subject to disclosure under Article 4 of Chapter 18 of this title, except in the form of a map where information that could be used to determine provider-specific information about the network of the broadband services provider is not disclosed. Except as otherwise provided in this chapter, such provider-specific information shall not be released to any person other than to the submitting broadband services provider, the Department of Community Affairs or the Georgia Technology Authority, agents designated to assist in developing the map provided for in Article 2 of this chapter, employees of the Department of Community Affairs or the Georgia Technology Authority, and attorneys employed by or under contract with the Department of Community Affairs or the Georgia Technology Authority without express permission of the submitting broadband services provider. Such information shall be used solely for the purposes stated under this chapter.
Georgia
2018
Ga. Code Ann. 50-40-40
Certification as broadband-ready community; requirements for certification
Category: Broadband programs
Topic: Promotional
Allows any local jurisdiction with a comprehensive plan that addresses broadband deployment to apply for certification as a broadband-ready community through the Department of Community Affairs and directs the department to prescribe rules and regulations for such applications, including public notice and comments.
State Code
(a) A political subdivision that has a comprehensive plan that includes the promotion of the deployment of broadband services, as required pursuant to Code Sections 36-70-6 and 50-8-7.1, may apply to the Department of Community Affairs for certification as a broadband ready community. The department shall by rules and regulations prescribe the form and manner for making an application. The department shall prescribe by rules and regulations a process for public notice and comment on an application for a period of at least 30 days after such application is received, except that such process shall not apply to an application by a political subdivision that enacts a model ordinance developed by the department under Code Section 50-40-41. (b) The department shall approve an application and certify a political subdivision as a broadband ready community if the department determines that such political subdivision has enacted an ordinance that complies with Code Section 50-40-41. If the process for public notice and comment applies to an application, the department shall, before approving such application, consider any public comments made regarding such application.
Georgia
2018
Ga. Code Ann. 50-40-60
"Broadband services" defined
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband services as the provision of access to the internet or computer processing, information storage, or protocol conversion.
State Code
As used in this article, the term "broadband services" means the provision of access to the Internet or computer processing, information storage, or protocol conversion.
Georgia
2018
Ga. Code Ann. 50-40-60 et seq.
Georgia Broadband Ready Community Site Designation Program
Category: Broadband programs
Topic: Promotional
Establishes the Georgia Broadband Ready Community Site Designation Program, administered by the Department of Community Affairs with assistance from the Department of Economic Development, to designate as broadband-ready community sites any facilities and developments that offer download speeds of at least 1 gigabit per second (Gpbs). Directs the Department of Community Affairs to evaluate information to confirm that the facility or development listed on the application has speeds of at least 1 Gbps available. Directs the Department of Economic Development to promote the program and the designated sites.
State Code
In order to encourage economic development and attract technology enabled growth in Georgia, the Department of Community Affairs shall, with the assistance of the Department of Economic Development, create and administer the "Georgia Broadband Ready Community Site Designation Program." Such program shall designate facilities and developments that offer broadband services at a rate of not less than 1 gigabit per second in the downstream to end users that can be accessed for business, education, health care, government, and other public purposes as a Georgia Broadband Ready Community Site.
Georgia
2018
Ga. Code Ann. 50-40-62
Evaluation of applicant information; promotion
Category: Broadband programs
Topic: Agency
Directs the Department of Community Affairs or its designated agents to evaluate information to confirm that broadband Speed of at least 1 gigabit per second are available within the facility or development on the Georgia Broadband Ready Community Site application. Directs the Department of Economic Development to promote the program and designated facilities and developments.
State Code
(a) The Department of Community Affairs or its designated agents shall evaluate the information submitted by applicants for designation as a Georgia Broadband Ready Community Site to confirm, based on the best available local, state, and federal broadband information, that at least 1 gigabit of broadband services is available within the facility or development. (b) The Department of Economic Development shall promote the Georgia Broadband Ready Community Site Designation Program and shall promote the facilities and developments so designated as local community assets. Upon certification of a facility or development as a Georgia Broadband Ready Community Site, the Department of Community Affairs shall notify the Department of Economic Development so that the Department of Economic Development may provide standardized graphics and materials to the owner or owners of such facility or development and the county or municipal corporation in which such facility or development is located in order to promote the status of the site as a Georgia Broadband Ready Community Site.
Georgia
2018
Ga. Code Ann. 50-40-63
Regulatory authority of Department of Community Affairs
Category: Broadband programs
Topic: Agency
Directs the Department of Community Affairs to adopt necessary rules and regulations to operationalize the provisions of this article.
State Code
The Department of Community Affairs shall be authorized to adopt and promulgate such rules and regulations as may be reasonable and necessary to carry out the purposes of this article.
Georgia
2018
Ga. Code Ann. 50-40-80
Legislative findings
Category: Other
Topic: Legislative Intent
Addresses legislative findings recognizing broadband as essential to everyday life and the growing need for the state government to play an active role in providing broadband access to homes and businesses in rural and unserved areas. Declares that equitable deployment of broadband throughout the state to be a public necessity and basic function of government and that establishing a grant program to support broadband is in the best interests of the state.
State Code
(a) The General Assembly recognizes that access to broadband services in today's society is essential to everyday life. Access to broadband services is a necessary service as fundamental as electricity, gas, or phone service. There is a growing need for the government of this state to provide the much needed infrastructure to the homes and businesses without access to broadband services due to their location in rural and other unserved areas. Furthermore, the General Assembly finds and declares that ensuring broadband services deployment will have a positive effect on education, health care, public safety, business and industry, government services, and leisure activities throughout the entire state. The General Assembly also finds and declares that guaranteeing an equitable deployment of broadband services throughout the state is a public necessity, one of the basic functions of government, and a benefit to the entire state. Moreover, the General Assembly finds and declares that it is in the best interest of the state and the persons who live and work in the state to spend state funds through the establishment of a grant program to ensure the creation of a state-wide foundation of broadband services infrastructure in unserved areas of the state. (b) The General Assembly hereby finds and determines that the economic benefits that will inure to the State of Georgia and designated political subdivisions from the Georgia Broadband Deployment Initiative provided for in this article and from the performance by private sector persons and entities of the obligations that they will incur in connection with such Georgia Broadband Deployment Initiative, will be equal to or greater than the benefits to be derived by such private sector persons and entities in connection therewith, and that, therefore, the Georgia Broadband Deployment Initiative does not violate the prohibition in the Georgia Constitution on the payment by public bodies of gratuities to private sector persons or entities.
Georgia
2018
Ga. Code Ann. 50-40-80 et seq.
Georgia Broadband Deployment Initiative
Category: Broadband programs
Topic: Agency
Directs the Department of Community Affairs to develop by July 1, 2019, the Georgia Broadband Deployment Initiative program to providing grant or loan funding for capital and other expenses related to the purchase and lease of property and communications services and facilities to expand broadband in underserved areas. Gives the department authority to oversee and coordinate state efforts to apply for and implement grants, programs, designations, and other resources to support deployment of broadband and other emerging communications technologies. Requires the department to submit an annual report to the governor, lieutenant governor, and speaker of the house on its progress toward achieving the goals of this article, including the status of funding awards.
State Code
(a) On or before July 1, 2019, the Department of Community Affairs shall develop the "Georgia Broadband Deployment Initiative" program to provide funding awards to expand broadband services to unserved areas of the state. The goal of such program shall be to provide broadband services coverage throughout the entire state. The funding awards of the program shall represent the state's investment in the deployment of broadband services to unserved areas and shall be used only for capital expenses and expenses directly related to the purchase or lease of property or communications services or facilities, including, without limitation, backhaul and transport, to facilitate the provision of broadband services.
Georgia
2018
Ga. Code Ann. 50-40-81
Development of Georgia Broadband Deployment Initiative; funding awards; considerations; priorities; compliance with federal provisions
Category: Funding and financing
Topic: Fund - Broadband
Directs the Department of Community Affairs to develop the Georgia Broadband Deployment Initiative program by July 1, 2019. The program aims to provide funding in the form of grants or loans to support capital expenses and expenses related to purchasing and leasing property and communications services and facilities to facilitate broadband expansion in underserved areas.
Funds are to be competitively awarded based on appropriations or receipt of other funds to projects that demonstrate effective partnership between the applicant (local jurisdictions) and the qualified broadband provider, demonstrate benefit to the unserved area in terms of both the scalability of the technology and the population served, and the project cost and ability to leverage other funds. Allows the department to establish additional criteria for funding awards. Gives priority to unserved areas designated as Broadband Ready Communities. Gives the Department of Community Affairs authority to provide oversight and coordination of state efforts to apply for and implement grants, programs, designations, and other resources to support deployment of broadband and other emerging communications technologies in addition to the Georgia Broadband Deployment Initiative program.
State Code
(a) On or before July 1, 2019, the Department of Community Affairs shall develop the "Georgia Broadband Deployment Initiative" program to provide funding awards to expand broadband services to unserved areas of the state. The goal of such program shall be to provide broadband services coverage throughout the entire state. The funding awards of the program shall represent the state's investment in the deployment of broadband services to unserved areas and shall be used only for capital expenses and expenses directly related to the purchase or lease of property or communications services or facilities, including without limitation backhaul and transport, to facilitate the provision of broadband services. (b) (1) Funding awards, in the form of grants or loans, shall be competitively awarded to eligible applicants based on criteria consistent with this article and other factors established by the department; provided, however, that the department shall not discriminate between different types of broadband services technology as long as the technology is capable of transmitting data at the rates specified for each unserved area. (2) The department shall designate political subdivisions as eligible applicants that shall be qualified to apply for funding awards under this article. All such eligible applicants are hereby granted all powers necessary for any and all purposes of the program, and in the case of any development authority included as an eligible applicant, the exercise of such powers is hereby found and determined to promote the development of trade, commerce, industry, and employment opportunities. (c) Funding awards shall be based on appropriations of funds or receipt of other funds to support the program. (d) The department shall consider each of the following in the funding awards process: (1) The effectiveness of the partnership between an eligible applicant and a qualified broadband services provider; (2) The benefit to the unserved area in terms of the population served and the capacity and scalability of the technology to be deployed; and (3) The total project cost and the ability to leverage other available federal, local, and private funds. (e) In addition to the criteria provided in subsection (d) of this Code section, the department may establish any other criteria for determining any funding awards that are reasonable and necessary to ensure that the funds are utilized to provide broadband services to the unserved areas. Such criteria may include, but shall not be limited to: (1) Whether the qualified broadband services provider in the partnership is willing to agree to: (A) Not charge more for broadband services to customers in any unserved area for which a funding award is received than it does for the same or similar broadband services to customers in other areas of the state; (B) Serve 90 percent of any locations requesting broadband services in any unserved area for which a funding award is received; and (C) Meet or exceed in any unserved area for which it receives a grant a minimum level of dependable service as established by the department; (2) The benefit to businesses; industrial parks; education centers; hospitals and other health care facilities, such as telehealth facilities and emergency care facilities; government buildings; public safety departments; or other providers of public services located within the unserved area; (3) Data cap limits, signal latency, and reliability of the technology to be utilized; (4) Historic service issues in other areas served by the qualified broadband provider in the partnership; and (5) The length of time it will take to deploy the broadband services in the unserved area. (f) The department shall give competitive priority to any unserved area certified as a broadband ready community as provided in Article 3 of this chapter. Partnerships that include qualified broadband providers that cooperate in providing information requested pursuant to subsection (d) of Code Section 50-40-21, as applicable, shall also factor favorably into the competitive funding awards process. (g) The department shall ensure that the program complies with all applicable federal laws, rules, and regulations.
Georgia
2018
Ga. Code Ann. 50-7-8
Additional duties and powers of board
Category: Broadband programs
Topic: Agency
Defines additional duties and powers of the Board of Economic Development, including promoting broadband deployment.
State Code
to, the deployment of broadband services in any facilities and developments designated as a Georgia Broadband Ready Community Site. The board and the Department of Economic Development shall have such additional powers and duties related to the promotion of the deployment of broadband services and other emerging communications technologies provided in Chapter 40 of this title.
Georgia
2018
Ga. Code Ann. 50-8-7.1.
General powers and duties
Category: Broadband programs
Topic: Plan
Defines the powers and duties of the Department of Community Affairs to include establishing minimum standards and procedures for preparing and implementing plans and for participating in the comprehensive planning process. Requires the department to define minimum elements to be included in local comprehensive plans and requires that these elements address the promotion and deployment of broadband services by broadband service providers.
State Code
(b) The department shall establish in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. The department shall undertake and carry out such activities as may be specified by law. Such activities may include, but shall not be limited to, the following: (1) As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process, provided that such minimum elements shall include the promotion of the deployment of reasonable and cost-effective access to broadband services by broadband services providers. As used in this paragraph, the terms "broadband services" and "broadband services provider" shall have the same meanings as provided in Code Section 50-40-1;
Georgia
2018
Ga. Code. Ann. 50-40-40 et seq.
Broadband Communities
Category: Broadband programs
Topic: Promotional
Allows any political subdivision with a comprehensive plan that addresses broadband deployment to apply for certification as a broadband-ready community through the Department of Community Affairs, and defines requirements for such certification. Directs the department to prescribe rules and regulations for broadband-ready community applications, including public notice and comments, to develop a model ordinance, and to monitor compliance by designated communities. Establishes conditions under which a political subdivision can be decertified as a broadband-ready community and allows the department to conduct such a decertification at the request of a broadband provider.
State Code
(a) A political subdivision that has a comprehensive plan that includes the promotion of the deployment of broadband services, as required pursuant to Code Sections 36-70-6 and 50-8-7.1, may apply to the Department of Community Affairs for certification as a broadband ready community. The department shall by rules and regulations prescribe the form and manner for making an application. The department shall prescribe by rules and regulations a process for public notice and comment on an application for a period of at least 30 days after such application is received, except that such process shall not apply to an application by a political subdivision that enacts a model ordinance developed by the department under Code Section 50-40-41.
Hawaii
2019
Act 139, Session Laws of Hawaii 2019
State telehealth and health care access coordinator
Category: Broadband programs
Topic: Agency
Establishes the state telehealth advisory council and creates the position of telehealth and health care access coordinator, whose responsibilities include coordinating with the Department of Commerce and Consumer Affairs and the Department of Business, Economic Development, and Tourism to expand broadband access.
State Code
(a) There is established a full-time state telehealth and health care access coordinator to support the state strategic telehealth advisory council. The state telehealth and health care access coordinator shall facilitate the establishment of infrastructure and policies across all agencies of the State and private sector to promote the expansion of telehealth in the State, including: … Coordinating with the department of commerce and consumer affairs and department of business, economic development, and tourism on broadband connectivity
Hawaii
2010
Act 199, Session Laws of Hawaii 2010
Section 1 (Goal)
Category: Broadband programs
Topic: Goal
Sets a goal of ensuring broadband access for all Hawaii households, businesses, and organizations at speeds and rates comparable to the top three countries worldwide by 2012. Sets goals to achieve that access, including increasing competition and affordability for low-income consumers; improving infrastructure sharing, access to public rights of way and facilities; and expediting permitting processes.
State Code
Meeting the following goals is critical for Hawaii to compete successfully in the global economy of the twenty-first century: (1) Ensure access to broadband communications for all households, businesses, and organizations throughout Hawaii by 2012 at speeds and prices comparable to the average speeds and prices available in the top three performing countries in the world. (2) Increase availability of advanced broadband communications service on a competitive basis to reduce prices, increase service penetration and improve service to all persons in Hawaii. (3) Increase broadband availability at affordable costs to low-income and other disadvantaged groups, including making low-cost, broadband capable computers available to eligible recipients. (4) Increase sharing of the infrastructure used to deploy broadband to speed up implementation ... (5) Increase flexible, timely, and responsible access to public rights-of-way and public facilities for broadband service providers; and (6) Develop a more streamlined permit approval process.
Hawaii
2010
Act 199, Session Laws of Hawaii 2010
Telework promorion and broadband assistance advisory council (Task Force)
Category: Broadband programs
Topic: Task Force
Creates a telework broadband assistance advisory council, chaired by the Cable Television Division administrator, to advise policymakers on policy and funding priorities that promote telework and advance broadband deployment. Defines the composition of the council, terms of service, and responsibilities, including monitoring the activity in other states, advising on best practices, and encouraging public-private partnerships to support broadband deployment and adoption.
State Code
The administrator of the cable television division of the department of commerce and consumer affairs shall convene and chair the broadband assistance advisory council.
Hawaii
2010
Act 199, Session Laws of Hawaii 2010
Section 1 (Legislative Intent)
Category: Other
Topic: Legislative Intent
Declares that broadband services are essential infrastructure for an innovation economy and a knowledge society and that affordable access is essential to education, health care, civic participation, economic development, and public safety. Sets broadband goals that the Legislature finds are critical to Hawaii’s participation in the global economy.
State Code
The legislature finds that advanced broadband services are essential infrastructure for an innovation economy and a knowledge society in the twenty-first century. High-speed broadband services at affordable prices are essential for the advancement of education, health, public safety, research and innovation, civic participation, economic development and diversification, and public safety services. The legislature also recognizes the evolution in the manner in which communications and information services are delivered to the consumer, including by wirelines, wireless, cable television, and satellite infrastructures, and that voice, video, and data services provided over these infrastructures are converging.
Hawaii
2018
Hawaii Executive Order 18-02
Net Neutrality
Category: Competition and regulation
Topic: Net Neutrality
Requires state agencies to contract only with internet service providers who support and practice net neutrality principles. Directs all state agencies to add contract language to state procurement requirements to address following of net neutrality principles by state suppliers of telecommunications, internet, broadband, and data communication services.
State Code
WHEREAS, the people of Hawai�i expect and rely on the freedom to be connect to all the website, applications and content they desire, without filtering, blocking, prioritization, or throttling of content by Internet Service Providers (ISPs) � a guiding principle called, �net neutrality,��WHEREAS, net neutrality closes Hawai�i�s distance between other states and countries, connecting our islands, which are located in the middle of the Pacific Ocean, to the rest of the world, benefiting our economy, commerce and communities by keeping our state open to innovation and economic growth; and WHEREAS, Hawai�i�s government delivers many services through the internet, and imposing restrictions on internet service may affect the quality and availability of such services to its citizens; and�WHERAS, The State of Hawai�i is a significant purchaser of internet services; NOW, THEREFORE, by the authority vested in my by the United States Constitution and the laws of the State of Hawai�i, and in order to preserve the basic principle of the free and open exchange of information, secured by a free and open Internet without interference by ISPs for the people of Hawai�i, I, DAVID Y. IGE, Governor of the State of Hawai�i, do hereby determine and order as follows: 1. I direct all State government agencies to contract Internet-related series only with ISPs who demonstrate and contractually agree to support and practice net neutrality principles where all Internet traffic is treated equally. 2. I direct all state agencies, including the Department of Accounting and General Services and State Procurement Office, as the lead procurement agency, to add contract language and provisions to State procurement requirements that suppliers of telecommunications, Internet, broadband, and data communication service shall abide by net neutrality principles, as described herein.
Hawaii
2016
Hawaii Rev. Stat. 201H-191.5
Regional state infrastructure subaccounts
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Authorizes the Hawaii Housing Finance and Development Corporation to establish a regional state infrastructure subaccount within the Dwelling Unit Revolving Fund at the request of a county. Revenues in the subaccount can be used to make grants and loans to state agencies and loans to counties or private developers for infrastructure improvements, including broadband. The funds must go toward capital improvement projects approved by the relevant state agency, county council, or mayor. Grants and loans can be used for planning, design, feasibility studies, construction, and materials, but cannot be used for maintenance and repair costs unless these repairs would also upgrade system capacity.
State Code
(a) The corporation, upon request by a county, may establish and operate a regional state infrastructure subaccount within the dwelling unit revolving fund established pursuant to section 201H-191 for the benefit of the housing and mixed-use transit-oriented development projects within the county. (b) Each regional state infrastructure subaccount shall consist of the following sources of revenue: (1) Moneys received by the corporation from counties for the repayment of the loan principal and the payment of simple interest from various assessments or fees from special improvement districts, improvement districts, tax increment financing districts, community facilities districts, and other areas where property value increases are captured over periods of time for the purposes of infrastructure financing; (2) Appropriations from the legislature; (3) Federal grants and subsidies to the State or counties; (4) Private investments; and (5) Voluntary contributions. (c) The corporation shall expend revenues in the subaccounts to make grants and loans to state agencies, and loans to counties or private developers, for the costs, in whole or in part, of infrastructure improvements that would increase the capacity of the infrastructure facilities, including regional sewer systems, water systems, drainage systems, roads, and telecommunications and broadband. Grants and loans shall be made only for capital improvement projects approved by the respective county council and mayor, or state agency, as applicable, with a view towards planned growth rather than upkeep and maintenance. (d) Eligible costs shall include those for planning, design, feasibility studies, construction, and materials. No grant or loan shall be made: (1) For maintenance or repair costs unless the construction would simultaneously increase the carrying capacity of the infrastructure facility; or (2) Solely for mass transit or electrical utilities. The corporation may also expend revenues in the subaccounts to repay private investors for their investment plus any interest accrued on their investments made into the subaccounts to finance, in whole or in part, infrastructure improvements that would increase the capacity of the infrastructure facilities, including regional sewer systems, water systems, drainage systems, roads, and telecommunications and broadband. (e) The corporation may accept improved land from the counties or private developers in repayment of their loans. (f) The corporation shall adopt rules in accordance with chapter 91 for the purposes of this section.
Hawaii
2018
Hawaii Rev. Stat. 206N
Wireless broadband and communications networks
Category: Infrastructure access
Topic: Small cell facilities
Addresses applications by communications service providers to deploy small wireless facilities to modified or replaced state or county utility poles. Prohibits the state or counties from regulating or prohibiting the deployment of small cell facilities or associated utility poles used for co-location except as provided in this chapter. Requires small wireless facilities and associated utility poles to be classified as permitted uses and not subject to zoning review or approval if they are in the right of way in any zone or outside the right of way in property not exclusively zoned for conservation. Prohibits the state or counties from entering into an exclusive agreement for using the right of way for construction or co-location of small wireless facilities. Allows the state or counties to condition approval of facilities on state or county property on pre-established and nondiscriminatory design and co-location standards.
Allows reasonable design measures in a history district as long as they are technically feasible, nondiscriminatory, and do not have the effect of prohibiting the provider’s technology. Allows the state or county to require a provider to repair damage to the right of way. Allows the state or county to require the applicant to obtain one or more permits to co-locate or install a small wireless facility in the right of way. Outlines requirements for applicants and state or counties, including review timelines. Outlines allowable reasons for denial of a permit. Requires state and counties to permit co-location of their utility poles and requires co-location rates to be reasonable, nondiscriminatory, and competitively neutral. Requires the state and counties to adopt and modify laws and regulations no later than July 1, 2019, to comply with this chapter.
State Code
(a) Subject to subsection (b), this chapter shall apply only to activities of a communications service provider to deploy small wireless facilities and to modified or replaced state or county utility poles associated with small wireless facilities. Except as to the state or county permitting authority related to utility poles, this chapter shall not be construed to apply to: (1) Utility poles or other utility infrastructure solely owned by investor-owned utility companies; (2) Investor owned utility companies' utility poles in which the State or county has an ownership interest; (3) Airport buildings; or (4) Buildings whose use is principally for public safety purposes.(b) Notwithstanding any other provision to the contrary, small wireless facilities shall not interfere with public safety, law enforcement, or emergency communications. To the extent an interference is identified by the State, county, or a communications service provider, it shall be resolved pursuant to the applicable requirements and procedures of the Federal Communications Commission following written notification of an interference.
Hawaii
2014
Hawaii Rev. Stat. 226-10.5
Objectives and policies for the economy—information industry
Category: Other
Topic: Legislative Intent
Addresses broadband and wireless communication capability and infrastructure as foundations for an innovative economy and leader for the Pacific Region. States the policy to promote efforts to make high-speed communication available to all residents and businesses in Hawaii and to achieve the highest possible speeds within the state and between Hawaii and the rest of the world; to encourage infrastructure development and expansion; to support the development of new businesses in the information industry; to encourage companies to allow employees to live and work in Hawaii; and to provide training to Hawaii residents to work in the information industry.
State Code
(a) Planning for the State's economy with regard to telecommunications and information technology shall be directed toward recognizing that broadband and wireless communication capability and infrastructure are foundations for an innovative economy and positioning Hawaii as a leader in broadband and wireless communications and applications in the Pacific Region. (b) To achieve the information industry objective, it shall be the policy of this State to: (1) Promote efforts to attain the highest Speed of electronic and wireless communication within Hawaii and between Hawaii and the world, and make high speed communication available to all residents and businesses in Hawaii; (2) Encourage the continued development and expansion of the telecommunications infrastructure serving Hawaii to accommodate future growth and innovation in Hawaii's economy; (3) Facilitate the development of new or innovative business and service ventures in the information industry which will provide employment opportunities for the people of Hawaii; (4) Encourage mainland- and foreign-based companies of all sizes, whether information technology-focused or not, to allow their principals, employees, or contractors to live in and work from Hawaii, using technology to communicate with their headquarters, offices, or customers located out-of-state; (5) Encourage greater cooperation between the public and private sectors in developing and maintaining a well-designed information industry; (6) Ensure that the development of new businesses and services in the industry are in keeping with the social, economic, and physical needs and aspirations of Hawaii's people; (7) Provide opportunities for Hawaii's people to obtain job training and education that will allow for upward mobility within the information industry; (8) Foster a recognition of the contribution of the information industry to Hawaii's economy; and (9) Assist in the promotion of Hawaii as a broker, creator, and processor of information in the Pacific.
Hawaii
2014
Hawaii Rev. Stat. 226-103
Economic priority guidelines
Category: Other
Topic: Legislative Intent
Defines economic priority guidelines for state policy, including promoting the development of the information industry though the establishment of an information network with broadband and wireless infrastructure and technology to support economic growth and diversification and the encouragement of the location and colocation of wireless facilities within communities.
State Code
(g) Priority guidelines to promote the development of the information industry: (1) Establish an information network, with an emphasis on broadband and wireless infrastructure and capability, that will serve as the foundation of and catalyst for overall economic growth and diversification in Hawaii. (2) Encourage the development of services such as financial data processing, a products and services exchange, foreign language translations, telemarketing, teleconferencing, a twenty-four-hour international stock exchange, international banking, and a Pacific Rim management center. (3) Encourage the development of small businesses in the information field such as software development; the development of new information systems, peripherals, and applications; data conversion and data entry services; and home or cottage services such as computer programming, secretarial, and accounting services. (4) Encourage the development or expansion of educational and training opportunities for residents in the information and telecommunications fields. (5) Encourage research activities, including legal research in the information and telecommunications fields. (6) Support promotional activities to market Hawaii's information industry services. (7) Encourage the location or co-location of telecommunication or wireless information relay facilities in the community, including public areas, where scientific evidence indicates that the public health, safety, and welfare would not be adversely affected
Hawaii
no date
Hawaii Rev. Stat. 269-40
Access to advanced services
Category: Broadband programs
Topic: Agency
Tasks the public utilities commission with ensuring that all consumers have nondiscriminatory, reasonable, and equitable access to high-quality information services.
State Code
The commission shall ensure that all consumers are provided with nondiscriminatory, reasonable, and equitable access to high quality telecommunications network facilities and capabilities that provide subscribers with sufficient network capacity to access information services that provide a combination of voice, data, image, and video.
Hawaii
2013
Hawaii Rev. Stat. 27-45
Broadband-related permits; automatic approval
Category: Infrastructure access
Topic: Permitting
Requires the state to approve, approve with modification, or disapprove all applications for permits required to install, improve, construct, or develop broadband infrastructure, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road right of way, and undersea boring or the landing of an undersea communications cable, within 60 days. If the application is not reviewed within this time frame, it is deemed approved. For applications within conservation districts, the timeline is extended to 145 days.
State Code
(a) The State shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee; provided that this subsection shall not apply to a conservation district use application for broadband facilities. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the State, the application shall be deemed approved by the State. (b) The State shall approve, approve with modification, or disapprove use applications for broadband facilities within the conservation district within one hundred forty-five days of submission of a complete application and full payment of any applicable fee. If, on the one hundred forty-sixth day, an application is not approved, approved with modification, or disapproved by the State, the application shall be deemed approved by the State. (c) Permits issued pursuant to this section shall contain the following language: "This is a broadband-related permit issued pursuant to section 27-45, Hawaii Revised Statutes." (d) An applicant and a public utility shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology. (e) No action shall be prosecuted or maintained against the State, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving a permit application pursuant to this section, or against public utilities resulting from such actions. (f) The sixty day time period established by subsection (a) shall be extended in the event of a natural disaster, state emergency, or union strike that prevents the applicant, agency, or department from fulfilling application review requirements. (g) If an application is incomplete, the State shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The sixty-first day automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice. (h) Nothing in this section shall affect the provisions of section 3 of Act 151, Session Laws of Hawaii 2011. (i) For the purposes of this section, "broadband-related permits" means all state permits required to commence actions with respect to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road rights-of-way, and undersea boring, or the landing of an undersea communications cable. The term does not include any state permit for which the approval of a federal agency is explicitly required pursuant to federal law, rule, or regulation, prior to granting final permit approval by the State.
Hawaii
2014
Hawaii Rev. Stat. 440G-11.5
Other duties of the director; broadband services
Category: Broadband programs
Topic: Agency
Establishes broadband as a responsibility of the Director of Commerce and Consumer Affairs. Defines responsibilities as promoting telework; advising state agencies and counties on the planning, development, and administration of telework programs and policies; supporting efforts to expand deployment of advanced telecommunications technologies, including broadband; making recommendations to expand broadband to unserved and underserved areas; and advocating for broadband deployment. Requires the director to submit an annual report to the Legislature.
State Code
(a) In conjunction with broadband services, the director shall: (1) Promote and encourage use of telework alternatives for public and private employees, including appropriate policy and legislative initiatives; (2) Advise and assist state agencies, and upon request of the counties, advise and assist the counties, in planning, developing, and administering programs, projects, plans, policies, and other activities to promote telecommuting by employees of state and county agencies; (3) Support the efforts of both public and private entities in Hawaii to enhance or facilitate the deployment of, and access to, competitively priced, advanced electronic communications services, including broadband and its products and services and internet access services of general application throughout Hawaii; (4) Make recommendations to establish affordable, accessible broadband services to unserved and underserved areas of Hawaii and monitor advancements in communications that will facilitate this goal; (5) Advocate for, and facilitate the development and deployment of, expanded broadband applications, programs, and services, including telework, telehealth, and e-learning, that will bolster the usage of and demand for broadband level telecommunications; (6) Serve as a broadband information and applications clearinghouse for the State and a coordination point for federal American Recovery and Reinvestment Act of 2009broadbandNext Hit-related services and programs; and (7) Promote, advocate, and facilitate the implementation of the findings and recommendations of the Hawaii broadband task force established by Act 2, First Special Session Laws of Hawaii 2007. [(b)] The director shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on the department's efforts to us broadband and its products and services to develop and expand telework initiatives, including telework participation levels and trends of both private and public sector employees in Hawaii. [(c)] The department of commerce and consumer affairs shall report annually to the legislature, no later than twenty days prior to the convening of each regular session, on the receipt and expenditure of federal moneys from the American Recovery and Reinvestment Act of 2009, and moneys from other federal appropriation measures or applicable federal acts, for the purposes of purchasing broadband facilities, services, or equipment or for entering into contracts for broadband related projects by all state agencies for all state agencies approval. [(d)] Pursuant to [section] 440G-12(d), the director may appoint and employ engineers, accountants, attorneys, and professional, clerical, stenographic, or other assistants, as required, with or without regard to chapter 76.
Hawaii
2012
Hawaii Rev. Stat. 440J-1
Definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines broadband access or service as an always on service that enables end users to access the internet at minimum speeds established by the Federal Communications Commission.
State Code
"Broadband access or broadband service" means an "always-on" service that includes but is not limited to computer processing capabilities, information provision, and computing interactivity with data transport, enabling end users to access the Internet and use a variety of applications at minimum speeds established by the Federal Communications Commission.
Hawaii
2012
Hawaii Rev. Stat. 440J-1
Definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines broadband speed threshold as the highest speed threshold defined in the most recent progress report issued by the Federal Communications Commission.
State Code
“Broadband speed threshold” means the highest speed threshold defined or established in the most recent broadband progress report issued by the Federal Communications Commission to Congress.
Hawaii
2012
Hawaii Rev. Stat. 440J-1
Definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband infrastructure as the medium used to provide broadband access or service, including both terrestrial and wireless technologies.
State Code
"Broadband infrastructure" means the medium used to provide broadband access or broadband service, including fiber optic cable, copper cable, coaxial cable, and wireless media, such as satellite communications, wi-fi, and worldwide interoperability for microwave access.
Hawaii
2012
Hawaii Rev. Stat. 440J-2
Informational reports
Category: Broadband programs
Topic: Mapping
Requires providers to file reports for each county with census-block level data on broadband speed and the monthly price charged for broadband if purchased unbundled and without discounts on an annual basis. Also requires a tax-map of parcels that cannot be serviced at the defined broadband speed threshold in a census block.
State Code
(a) Beginning on March 1, 2013, and on every March 1 thereafter, every provider, except for commercial mobile radio service providers, shall file with the department, in a form as prescribed by the director, separate reports for each county that include, over the most recent thirty-day period and without any other personal or private information, the following: (1) Broadband access availability aggregated at the census-block level and detailed as a percentage of households, addresses, or tax map key parcels that cannot be serviced in a census-block at the broadband speed threshold; and (2) The monthly price charged for the broadband service if purchased individually without any discounts. (b) Beginning on March 1, 2013, and on every March 1 thereafter, commercial mobile radio service providers shall file with the department data and information that is the same as and not inconsistent with information filed with the Federal Communications Commission.
Hawaii
2012
Hawaii Rev. Stat. 440J-3
Confidential information
Category: Broadband programs
Topic: Mapping
Requires data provided under section 440J-2 to be kept confidential but allows the data to be aggregated and disclosed as a map that prevents provider identification.
State Code
(a) Notwithstanding chapter 92F, statements and reports provided to the department pursuant to section 440J-2, and the data contained therein, shall be kept confidential; provided that the department may disclose mapping information and data aggregated to the extent necessary in the director's discretion to prevent identification of a provider with the specific data furnished by that provider. (b) Unless otherwise provided by law, the department shall be prohibited from: (1) Using the information furnished or obtained for any purpose other than the purposes for which it is supplied; and (2) Making any publication whereby the data furnished by any person can be identified. (c) The department shall: (1) Ensure the security and confidentiality of the information; (2) Protect against any anticipated threats or hazards to the security or integrity of the information; and (3) Protect against unauthorized access to or use of the information that could result in personal or competitive harm to individuals or providers.
Hawaii
2013
Hawaii Rev. Stat. 46-89
Broadband-related permits; automatic approval
Category: Infrastructure access
Topic: Permitting
Requires counties to approve, approve with modification, or disapprove all applications for permits required for installing, improving, constructing, or developing broadband infrastructure, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road right of way, and undersea boring or the landing of an undersea communications cable, within 60 days. If the application is not reviewed within this time frame, it is deemed approved.
State Code
(a) A county shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the county, the application shall be deemed approved by the county. (b) Permits issued pursuant to this section shall contain the following language: "This is a broadband-related permit issued pursuant to section 46-89, Hawaii Revised Statutes." (c) An applicant and a public utility shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology. (d) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving a permit application pursuant to this section, or against public utilities resulting from such actions. (e) The sixty day time period established by subsection (a) shall be extended in the event of a natural disaster, state emergency, or union strike that prevents the applicant, agency, or department from fulfilling application review requirements. (f) If an application is incomplete, the county agency shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The sixty-first day automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice. (g) Nothing in this section shall affect the provisions of section 3 of Act 151, Session Laws of Hawaii 2011. (h) For the purposes of this section, "broadband-related permits" means all county permits required to commence actions with respect to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road rights-of-way, and undersea boring, or the landing of an undersea communications cable. The term does not include any county permit for which the approval of a federal agency is explicitly required pursuant to federal law, rule, or regulation, prior to granting final permit approval by the county.
Idaho
2019
Idaho Code Ann. 14-152
Exemption
Category: Competition and regulation
Topic: Cooperatives
Exempts broadband cooperatives from certain aspects of unclaimed property law.
State Code
(1) The following shall be eligible for a certificate of exemption from the administrator. Entities holding a certificate of exemption shall not be subject to the provisions of this chapter, except as set forth in this subsection: _�_ (b) Solely for the purpose of unclaimed capital credits, nonprofit corporations engaged in providing telecommunications or broadband service or delivery of electric.
Idaho
2016
Idaho Code Ann. 33-5602
Purpose, findings, and legislative intent—definitions
Category: Other
Topic: Legislative Intent
Declares the Legislature’s intention to improve internet access for schools and libraries.
State Code
1) The purpose of this act is to establish a resource for Idaho’s education and library system in providing broadband, wireless local area network (LAN) and related services to students. The legislature finds that Idaho benefits from a consistent and adequate bandwidth connection to and between its districts and schools, inclusive of grades K through 12, and to its libraries.
Idaho
2017
Idaho Code Ann. 33-5604
Education opportunity resource committee—powers and duties
Category: Broadband programs
Topic: Task Force
Directs the Education Opportunity Resource Committee to focus on the broadband and wireless local area network (LAN) needs of all e-rate eligible entities, including making recommendations to the Department of Education that include broadband and wireless LAN parameters; collecting and analyzing broadband data from e-rate eligible entities to determine necessary levels of service; and collaborating with other stakeholders to ensure implementation of best practices for broadband and wireless LAN.
State Code
In carrying out its powers and duties set forth in this section, the education opportunity resource committee shall focus on the broadband, wireless LAN and related services needs of all E-rate eligible entities. At a minimum, the committee shall: (1) Make budget and policy recommendations to the state department of education regarding: (a) Broadband parameters; (b) Wireless LAN parameters; (c) Incentives for E-rate eligible entities to obtain the most appropriate service that best fits such entities’ broadband needs and that is fiscally responsible; (d) Incentives for districts to obtain the most appropriate service that best fits their wireless LAN needs and that is fiscally responsible; and (e) The minimum and maximum service levels, the quality of services and the minimum per student or person internet and wireless LAN levels that contracts must adhere to for E-rate eligible entities to be eligible for state reimbursement. (2) Establish reimbursement methodology that includes, but is not necessarily limited to, the following components: (a) Distribution of appropriated moneys to E-rate eligible entities that have received E-rate funding. Distribution of such moneys must be in an amount equal to the non-E-rate reimbursed cost of internet services; (b) If E-rate funding is not available to an E-rate eligible entity for any reason, other than a failure of the entity to apply in good faith for available E-rate funding, reimburse the entity for its internet service costs; (c) Distribution of appropriated moneys remaining, after internet services are fully funded, for wide area networks (WANs). If necessary, the committee shall create an equalization formula for WAN distributions; and (d) Distribution of appropriated moneys for wireless LAN service to districts that either have received E-rate funding or have applied in good faith for E-rate funding. (3) Compile and analyze broadband utilization statistics from E-rate eligible entities to determine the levels of internet services necessary for such entities and report the statistics to the state department of education, and E-rate eligible entities shall cooperate with the committee in carrying out its duty to compile and analyze such information; (4) Advise and recommend resources to assist the state department of education in carrying out its responsibility to provide E-rate application assistance and support to E-rate eligible entities; (5) Not provide legal advice; (6) Collaborate with other relevant governmental and nongovernmental entities to ensure best practices in broadband and wireless LAN are used and to recommend the terms of contracts for broadband, wireless LAN and related services; and (7) Ensure compliance with appropriate purchasing laws.
Idaho
2017
Idaho Code Ann. 33-910
Broadband Infrastructure Improvement Grant Fund - Rulemaking - Definitions
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Creates the Broadband Infrastructure Improvement Grant Fund to provide up to a 10% match for eligible entities applying for E-rate funding.
State Code
(1) There is hereby created in the state treasury a fund to be known as the broadband infrastructure improvement grant fund. The fund shall consist of moneys made available through legislative transfers or appropriations, and from any other governmental source. Interest earned from the investment of moneys in the fund shall be retained in the fund. Subject to appropriation, moneys in the fund shall be expended by the state department of education to invest in special construction projects for high-speed broadband connections to E-rate eligible entities that receive E-rate funding. (2) The state department of education shall create and make available a grant application form for moneys in the fund. The state department may determine eligibility qualifications and applicant priority. Any E-rate eligible entity may apply to the state department for a grant from the fund for up to ten percent (10%) of the cost of an eligible special construction project. (3) The state board of education may promulgate rules to implement the provisions of this section. Such rules shall be consistent with the federal communications commission’s second E-rate modernization order that provides for additional category one funding up to ten percent (10%) to match state funding for special construction charges for high-speed broadband connections. (4) For the purposes of this section, "E-rate eligible entity" means Idaho public schools grades K through 12, the Idaho digital learning academy, the Idaho department of juvenile corrections education programs, the school for the deaf and the blind and the Idaho public libraries.
Idaho
2015
Idaho Code Ann. 63-3029B
Income tax credit for capital investment
Category: Funding and financing
Topic: Tax Incentives
Creates an income tax credit at a maximum amount of 3 percent of qualified investments for the taxable year, which can be applied to qualified capital investments, including investment in broadband equipment as defined in section 63-3029I.
State Code
(1) At the election of the taxpayer there shall be allowed, subject to the applicable limitations provided herein as a credit against the income tax imposed by chapter 30, title 63, Idaho Code, an amount equal to the sum of: (a) The tax credit carryovers; and (b) The tax credit for the taxable year. (2) The maximum allowable amount of the credit for the current taxable year shall be three percent (3%) of the amount of qualified investments made during the taxable year. (3) As used in this section "qualified investment" means certain property which: (a) (i) Is eligible for the federal investment tax credit, as defined in sections 46(c) and 48 of the Internal Revenue Code subject to the limitations provided for certain regulated companies in section 46(f) of the Internal Revenue Code and is not a motor vehicle under eight thousand (8,000) pounds gross weight; or (ii) Is qualified broadband equipment as defined in section 63-3029I, Idaho Code; and (b) Is acquired, constructed, reconstructed, erected or placed into service after December 31, 1981; and (c) Has a situs in Idaho as determined under subsection (9) of this section.
Idaho
2005
Idaho Code Ann. 63-3029I
Income tax credit for investment in broadband equipment
Category: Funding and financing
Topic: Tax Incentives
Establishes an income tax credit for spending on qualified broadband equipment at an amount of 3 percent of the investment. Broadband equipment is qualified if it can transmit signals at Speed of 200 kilobits per second (Kbps) download and 125 Kbps upload. Defines requirements for equipment claimed by telecommunications carriers, commercial mobile service carriers, cable systems operators, satellite carriers, and other wireless carriers. Excludes equipment primarily used to provide service to public customers. Requires the taxpayer claiming the credit to apply to the Public Utilities Commission for an order that confirms the equipment as qualified broadband equipment. Credits claimed cannot exceed the lessor of the amount of taxes due or $750,000.
State Code
(1) Subject to the limitations of this section, for taxable years beginning after January 1, 2001, there shall be allowed to a taxpayer a nonrefundable credit against taxes imposed by sections 63-3024, 63-3025 and 63-3025A, Idaho Code, for qualified expenditures in qualified broadband equipment in Idaho. (2) The credit permitted in subsection (1) of this section shall be three percent (3%) of the qualified investment in qualified broadband equipment in Idaho and shall be in addition to the credit for capital investment permitted by section 63-3029B, Idaho Code. (3) As used in this section the term: (a) "Qualified investment" shall be as defined in section 63-3029B, Idaho Code. (b) "Qualified broadband equipment" means equipment that qualifies for the credit for capital investment permitted by section 63-3029B, Idaho Code, and is capable of transmitting signals at a rate of at least two hundred thousand (200,000) bits per second to a subscriber and at least one hundred twenty-five thousand (125,000) bits per second from a subscriber, and (i) In the case of a telecommunications carrier, such qualifying equipment shall be necessary to the provision of broadband service and an integral part of a broadband network. "Telecommunications carrier" has the meaning given such term by section 47 U.S.C. 153 of the communications act of 1934, as amended, but does not include a commercial mobile service provider. (ii) In the case of a commercial mobile service carrier, such qualifying equipment shall extend from the subscriber side of the mobile telecommunications switching office to a transmitting/receiving antenna, including such antenna, on the outside of the structure in which the subscriber is located. "Commercial mobile service carrier" means any person authorized to provide commercial mobile radio service to subscribers as defined in section 20.3 of title 47, Code of Federal Regulations (10-1-99 ed.), as amended. (iii) In the case of a cable or open video system operator, such qualifying equipment shall extend from the subscriber’s side of the headend to the outside of the structure in which the subscriber is located. The terms "cable operator" and "open video system operator" have the meanings given such terms by sections 602(5) and 653, respectively, of the communications act of 1934, as amended. (iv) In the case of a satellite carrier or a wireless carrier other than listed above, such qualifying equipment is only that equipment that extends from a transmitting/receiving antenna, including such antenna, which transmits and receives signals to or from multiple subscribers to a transmitting/receiving antenna on the outside of the structure in which the subscriber is located. "Satellite carrier" means any person using the facilities of a satellite or satellite services licensed by the federal communications commission and operating a fixed-satellite service or direct broadcast satellite services to provide point-to-multipoint distribution of signals. "Other wireless carrier" means any person, other than a telecommunications carrier, commercial mobile service carrier, cable operator, open video operator, or satellite carrier, providing broadband services to subscribers through the radio transmission of energy. (v) In the case of packet switching equipment, such packet equipment installed in connection with other qualifying equipment listed in subsections (3)(b)(i) through (3)(b)(iv) of this section, provided it is the last in a series of equipment that transmits signals to a subscriber or the first in a series of equipment that transmits signals from a subscriber. "Packet switching" means controlling or routing the path of a digital transmission signal which is assembled into packets or cells. (vi) In the case of multiplexing and demultiplexing equipment, such equipment only to the extent that it is deployed in connection with providing broadband services in locations between packet switching equipment and the structure in which the subscriber is located. "Multiplexing" means the transmission of two (2) or more signals over a communications circuit without regard to the communications technology. (vii) Any property not primarily used to provide services in Idaho to public subscribers is not qualified broadband equipment. (4) No equipment described in subsections (3)(b)(i) through (3)(b)(vi) of this section shall qualify for the credit provided in subsection (1) of this section until the taxpayer applies to and obtains from the Idaho public utilities commission an order confirming that the installed equipment is qualified broadband equipment. Applications submitted to the commission shall be governed by the commission’s rules of procedure. The commission may issue procedural orders necessary to implement this section. (5) The credit allowed by subsection (1) of this section together with any credits carried forward under subsection (7) of this section shall not, in any one (1) taxable year, exceed the lesser of: (a) The amount of tax due under sections 63-3024, 63-3025 and 63-3025A, Idaho Code, after allowance for all other credits permitted by this chapter; or (b) Seven hundred fifty thousand dollars ($750,000). When credits earned in more than one (1) taxable year are available, the oldest credits shall be applied first. (6) In the case of a group of corporations filing a combined report under subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member of the group but not used by that member may be used by another member of the group, subject to the provisions of subsection (7) of this section, instead of carried over. For a combined group of corporations, credit carried forward may be claimed by any member of the group unless the member who earned the credit is no longer included in the combined group. (7) If the credit allowed by subsection (1) of this section exceeds the limitation under subsection (5) of this section, the excess amount may be carried forward for a period that does not exceed the next fourteen (14) taxable years. (8) In the event that qualified broadband equipment upon which the credit allowed by this section has been used ceases to qualify for the credit allowed by section 63-3029B, Idaho Code, or is subject to recapture of that credit, the recapture of credit under this section shall be in the same proportion and subject to the same provisions as the amount of credit required to be recaptured under section 63-3029B, Idaho Code. (9) (a) Subject to the requirements of this subsection, a taxpayer who earns and is entitled to the credit or to an unused portion of the credit allowed by this section may transfer all or a portion of the unused credit to: (i) Another taxpayer required to file a return under this chapter; or (ii) To an intermediary for its use or for resale to a taxpayer required to file a return under this chapter. In the event of either such a transfer, the transferee may claim the credit on the transferee’s income tax return originally filed during the calendar year in which the transfer takes place and, in the case of carryover of the credit, on the transferee’s returns for the number of years of carryover available to the transferor at the time of the transfer unless earlier exhausted. (b) Before completing a transfer under this subsection, the transferor shall notify the state tax commission of its intention to transfer the credit and the identity of the transferee. The state tax commission shall provide the transferor with a written statement of the amount of credit available under this section as then appearing in the commission’s records and the number of years the credit may be carried over. The transferee shall attach a copy of the statement to any return in regard to which the transferred credit is claimed. (c) In the event that after the transfer the state tax commission determines that the amount of credit properly available under this section is less than the amount claimed by the transferor of the credit or that the credit is subject to recapture, the commission shall assess the amount of overstated or recaptured credit as taxes due from the transferor and not the transferee. The assessment shall be made in the manner provided for a deficiency in taxes under this chapter. (10) In addition to other needed rules, the state tax commission may promulgate rules prescribing, in the case of S corporations, partnerships, trusts or estates, a method of attributing the credit under this section to the shareholders, partners or beneficiaries in proportion to their share of the income from the S corporation, partnership, trust or estate.
Idaho
2013
Idaho Code Ann. 67-4734
Idaho Opportunity Fund
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Creates the Idaho Opportunity Fund in the state treasury. It consists of legislative appropriations, repayment of funds that were improperly disbursed pursuant to the agreement, and gifts, grants, or other donations to support the retention and expansion of existing businesses and recruitment of new businesses. The fund is administered by the Department of Commerce and can be used by local governments for infrastructure upgrades, including broadband.
State Code
There is hereby created in the state treasury the Idaho opportunity fund. Moneys in the Idaho opportunity fund may be expended by the Idaho department of commerce, pursuant to the provisions of this act, to assist in securing commitments for the retention and expansion of existing businesses and recruitment of new businesses.(1) Moneys deposited in the fund. The following amounts shall be deposited in the fund.(a) Any amounts appropriated by the legislature for the fund for purposes described by this section;(b) Repayment of any moneys originally distributed from the fund that were improperly disbursed pursuant to the company performance agreement or the local government grant agreement; and (c) Gifts, grants and other donations received for the fund. (2) Use of funds. Moneys in the Idaho opportunity fund may be allocated to local governments for any lawful purpose consistent with the intent of this act, which purposes shall include: (a) Construction of or improvements to new or existing water, sewer, gas or electric utility systems for new or existing buildings to be used for industrial or commercial operations;(b) Flood zone or environmental hazard mitigation; and (c) Construction, upgrade or renovation of other infrastructure related items including, but not limited to, railroads, broadband, parking lots, roads or other public costs that are directly related to specific job creation or expansion projects.
Idaho
2019
Idaho Executive Order No. 2019-07
Idaho Broadband Task Force
Category: Broadband programs
Topic: Task Force
Creates the Idaho Broadband Task Force, which is staffed by the Department of Commerce and is responsible for making recommendations to the governor about how to improve broadband access.
State Code
Now, therefore, I, Brad Little, Governor of the State of Idaho, hereby establish the Idaho Broadband Task Force and the following: 1. The Idaho Broadband Task Force will make recommendations to the Governor on policies and actions the state should take to dramatically improve the state in connectivity and service levels. 2. The duties of the Idaho Broadband Task Force are advisory. 3. The Idaho Broadband Task Force will focus on a statewide approach, ensuring Idaho is properly represented, evaluated, and alternatives analyzed. 4. The Idaho Broadband Task Force will be chaired by the Director of the Idaho Department of Commerce. 5. Idaho Department of Commerce will staff the Idaho Broadband Task Force.
Illinois
2007
20 Ill. Comp. Stat. 2712/5-10
Broadband access on passenger rail plan
Category: Broadband programs
Topic: Plan
Directs the Department of Transportation to deliver a plan for ensuring that broadband is available on Illinois passenger rail systems at fair and reasonable prices to the governor and General Assembly by Dec. 31, 2007.
State Code
The Department shall deliver to the Governor and General Assembly a plan for ensuring high speed data transmission services on all passenger rail systems in Illinois at fair and reasonable prices no later than December 31, 2007. The plan shall include recommendations for acquiring necessary rights of way, installation of necessary infrastructure, operation of high speed data transmission services, and funding sources.
Illinois
2017
220 Ill. Comp Stat 5/13-804
Broadband investment (Regulatory Authority)
Category: Competition and regulation
Topic: Regulatory Authority
States that the Illinois Commerce Commission will not regulate broadband services, including rates, terms, conditions, quality of service, availability, and classification. Gives the Illinois Commerce Commission authority to access the data provided under 20/661-20. This section is scheduled to sunset on Dec. 31, 2020.
State Code
Notwithstanding other provisions of this Article: (A) the Commission shall have the authority to certify providers of wireless services, including, but not limited to, private radio service, public mobile service, or commercial mobile service, as those terms are defined in 47 U.S.C. 332 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter, to provide telecommunications services in Illinois; (B) the Commission shall have the authority to certify providers of wireless services, including, but not limited to, private radio service, public mobile service, or commercial mobile service, as those terms are defined in 47 U.S.C. 332 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter, as eligible telecommunications carriers in Illinois, as that term has the meaning prescribed in 47 U.S.C. 214 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter; (C) the Commission shall have the authority to register providers of fixed or non-nomadic Interconnected VoIP service as Interconnected VoIP service providers in Illinois in accordance with Section 401.1 of this Article; (D) the Commission shall have the authority to require providers of Interconnected VoIP service to participate in hearing and speech disability programs; and (E) the Commission shall have the authority to access information provided to the non-profit organization under Section 20 of the High Speed Internet Services and Information Technology Act, provided the Commission enters into a proprietary and confidentiality agreement governing such information. Except to the extent expressly permitted by and consistent with federal law, the regulations of the Federal Communications Commission, this Article, Article XXI or XXII of this Act, or this amendatory Act of the 96th General Assembly, the Commission shall not regulate the rates, terms, conditions, quality of service, availability, classification, or any other aspect of service regarding (i) broadband services, (ii) Interconnected VoIP services, (iii) information services, as defined in 47 U.S.C. 153(20) on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter, or (iv) wireless services, including, but not limited to, private radio service, public mobile service, or commercial mobile service, as those terms are defined in 47 U.S.C. 332 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter.
Illinois
2017
220 Ill. Comp Stat 5/13-804
Broadband investment (Legislative Intent)
Category: Other
Topic: Legislative Intent
States that investing in broadband is critical for creating and retaining jobs and that removing regulatory uncertainty will stimulate private-sector investment.
State Code
Increased investment into broadband infrastructure is critical to the economic development of this State and a key component to the retention of existing jobs and the creation of new jobs. The removal of regulatory uncertainty will attract greater private-sector investment in broadband infrastructure.
Illinois
no date
220 Ill. Comp Stat. 5/21-1101
Requirements to provide video services
Category: Competition and regulation
Topic: Service Provision - Other
Addresses requirements to provide video services under a state-issued authorization. These include that a provider cannot deny access to service to potential residential subscribers because of race or income in the area where potential subscribers live. Creates an obligation for franchise holders to provide low-income service. Requires providers subject to subsection c of this section to provide wireline broadband services to 90 percent of subscribers within their service area by Dec. 31, 2008 or to pay $15 million to the Digital Divide Elimination Infrastructure Fund or any successor fund within 30 days.
State Code
(a) The holder of a State-issued authorization shall not deny access to cable service or video service to any potential residential subscribers because of the race or income of the residents in the local area in which the potential subscribers reside. (b) (Blank).(c)(1) If the holder of a State-issued authorization is using telecommunications facilities to provide cable or video service and has more than 1,000,000 telecommunications access lines in this State, the holder shall provide access to its cable or video service to a number of households equal to at least 35% of the households in the holder's telecommunications service area in the State within 3 years after the date a holder receives a State-issued authorization from the Commission and to a number not less than 50% of these households within 5 years after the date a holder receives a State-issued authorization from the Commission; provided that the holder of a State-issued authorization is not required to meet the 50% requirement in this paragraph (1) until 2 years after at least 15% of the households with access to the holder's video service subscribe to the service for 6 consecutive months. The holder's obligation to provide such access in the State shall be distributed, as the holder determines, within 3 designated market areas, one in each of the northeastern, central, and southwestern portions of the holder's telecommunications service area in the State. The designated market area for the northeastern portion shall consist of 2 separate and distinct reporting areas: (i) a city with more than 1,000,000 inhabitants, and (ii) all other local units of government on a combined basis within such designated market area in which it offers video service. If any state, in which a holder subject to this subsection (c) or one of its affiliates provides or seeks to provide cable or video service, adopts a law permitting state-issued authorization or statewide franchises to provide cable or video service that requires a cable or video provider to offer service to more than 35% of the households in the cable or video provider's service area in that state within 3 years, holders subject to this subsection (c) shall provide service in this State to the same percentage of households within 3 years of adoption of such law in that state. Furthermore, if any state, in which a holder subject to this subsection (c) or one of its affiliates provides or seeks to provide cable or video service, adopts a law requiring a holder of a state-issued authorization or statewide franchises to offer cable or video service to more than 35% of its households if less than 15% of the households with access to the holder's video service subscribe to the service for 6 consecutive months, then as a precondition to further build-out, holders subject to this subsection (c) shall be subject to the same percentage of service subscription in meeting its obligation to provide service to 50% of the households in this State. (2) Within 3 years after the date a holder receives a State-issued authorization from the Commission, at least 30% of the total households with access to the holder's cable or video service shall be low-income. Within each designated market area listed in paragraph (1) of this subsection (c), the holder's obligation to offer service to low-income households shall be measured by each exchange, as that term is defined in Section 13-206 of this Act in which the holder chooses to provide cable or video service. The holder is under no obligation to serve or provide access to an entire exchange; however, in addition to the statewide obligation to provide low-income access provided by this Section, in each exchange in which the holder chooses to provide cable or video service, the holder shall provide access to a percentage of low-income households that is at least equal to the percentage of the total low-income households within that exchange.
Illinois
2016
220 Ill. Comp Stat. 70/15
Crossing fee
Category: Infrastructure access
Topic: Rights-of-way (Railroad)
Sets a one-time crossing fee of $1,500 for each crossing for a utility, including a broadband provider, that locates its facilities in a railroad right of way owned by a land management company and not registered to a rail carrier. The fee is in lieu of license, permit, or application fees. The utility is also required to reimburse the rail carrier for flagging expenses.
State Code
Unless otherwise agreed by the parties and subject to Section 20, a utility that locates its facilities within the railroad right-of-way for a crossing, other than a crossing along the public roads of the State pursuant to the Telephone Line Right of Way Act, shall pay the land management company a one-time standard crossing fee of $1,500 for each crossing plus the costs associated with modifications to existing insurance contracts of the utility and the land management company. The standard crossing fee shall be in lieu of any license, permit, application, or any other fees or charges to reimburse the land management company for the direct expenses incurred by the land management company as a result of the crossing. The utility shall also reimburse the land management company or rail carrier for any actual flagging expenses associated with a crossing in addition to the standard crossing fee.
Illinois
2018
220 Ill. Comp Stat. 80-5
Legislative findings and purpose
Category: Other
Topic: Legislative Intent
Addresses legislative intent related to the expansion of broadband infrastructure in Illinois, including recognizing that many rural areas and some urban neighborhoods remain unserved and that fair and equitable access to broadband is essential to education, civic engagement, economic development, health care, aging in place, and farming, and that it is necessary to promote policies that increase broadband access and adoption.
State Code
The General Assembly finds as follows: (1) a goal of the State of Illinois is to make available to its citizens affordable, reliable, and state-of-the-art Internet communications through the expansion, extension, and general availability of broadband services and technology, and to encourage the adoption of broadband by all citizens; (2) that, although broadband access has been extended to many areas of the State, many rural areas remain unserved and, although many neighborhoods in urban and suburban areas have broadband options, some urban neighborhoods remain unserved; (3) that fair and equitable access to 21st century technology is essential to (A) maximize the functionality of educational resources and educational facilities that enable our children and adults to receive the best of future teaching and learning, (B) civic engagement, (C) economic development, (D) access to state-of-the-art health care, (E) aging in place, (F) participation in a global economy, and (G) the State's farming communities; and (4) accordingly, it is the purpose of the General Assembly to provide for the development of policies to promote (A) extending broadband access to citizens of Illinois and (B) eliminating barriers to widespread adoption of broadband Internet access.
Illinois
no date
220 Ill. Comp. Stat. 5/13-301.1
Universal Telephone Service Assistance Program
Category: Funding and financing
Topic: State Universal Service Fund (Lifeline)
Establishes the Universal Telephone Service Assistance Program within the Illinois Commerce Commission, which provides discounts and assistance to low-income residential customers of telephone and broadband services.
State Code
(a) The Commission shall by rule or regulation establish a Universal Telephone Service Assistance Program for low income residential customers. The program shall provide for a reduction of access line charges, a reduction of connection charges, or any other alternative assistance or program to increase accessibility to telephone service and broadband Internet access service that the Commission deems advisable subject to the availability of funds for the program as provided in subsections (d) and (e). The Commission shall establish eligibility requirements for benefits under the program.
Illinois
2017
220 Ill. Comp. Stat. 5/13-301.2
Program to Foster Elimination of the Digital Divide
Category: Funding and financing
Topic: Fund - Broadband
Requires telecommunications carriers providing local exchange services to notify end-user customers that they can participate in funding the Program to Foster Elimination of the Digital Divide by contributing a fixed amount on their monthly bill. The amount contributed by customers will be remitted by the telecommunications provider to the Department of Commerce and Economic Opportunity for deposit in the Digital Divide Elimination Fund.
State Code
The Commission shall require by rule that each telecommunications carrier providing local exchange telecommunications service notify its end-user customers that if the customer wishes to participate in the funding of the Program to Foster Elimination of the Digital Divide he or she may do so by electing to contribute, on a monthly basis, a fixed amount that will be included in the customer's monthly bill. The obligations imposed in this Section shall not be imposed upon a telecommunications carrier for any of its end-users subscribing to the services listed below: (1) private line service which is not directly or indirectly used for the origination or termination of switched telecommunications service, (2) cellular radio service, (3) high-speed point-to-point data transmission at or above 9.6 kilobits, (4) the provision of telecommunications service by a company or person otherwise subject to subsection (c) of Section 13-202 to a telecommunications carrier, which is incidental to the provision of service subject to subsection (c) of Section 13-202; (5) pay telephone service; or (6) interexchange telecommunications service. The customer may cease contributing at any time upon providing notice to the telecommunications carrier. The notice shall state that any contribution made will not reduce the customer's bill for telecommunications services. Failure to remit the amount of increased payment will reduce the contribution accordingly. The Commission shall specify the monthly fixed amount or amounts that customers wishing to contribute to the funding of the Program to Foster Elimination of the Digital Divide may choose from in making their contributions. A telecommunications carrier subject to this obligation shall remit the amounts contributed by its customers to the Department of Commerce and Economic Opportunity for deposit in the Digital Divide Elimination Fund at the intervals specified in the Commission rules.
Illinois
2017
220 Ill. Comp. Stat. 5/13-301.3
Digital Divide Elimination Infrastructure Program
Category: Funding and financing
Topic: Fund - Broadband
Creates the Digital Divide Elimination Infrastructure Fund, to be used by the Illinois Commerce Commission to fund construction of facilities as specified through commission rules and the accessible electronic information program. Funds are subject to legislative appropriation and the commission may also accept public and private money to add to it. Directs the commission to establish rules for grants from the fund, which should consider whether residents and businesses are underserved by advanced telecommunications services, among other factors.
State Code
(a) The Digital Divide Elimination Infrastructure Fund is created as a special fund in the State treasury. All moneys in the Fund shall be used, subject to appropriation, by the Commission to fund (i) the construction of facilities specified in Commission rules adopted under this Section and (ii) the accessible electronic information program, as provided in Section 20 of the Accessible Electronic Information Act. The Commission may accept private and public funds, including federal funds, for deposit into the Fund. Earnings attributable to moneys in the Fund shall be deposited into the Fund. (b) The Commission shall adopt rules under which it will make grants out of funds appropriated from the Digital Divide Elimination Infrastructure Fund to eligible entities as specified in the rules for the construction of high-speed data transmission facilities in eligible areas of the State. For purposes of determining whether an area is an eligible area, the Commission shall consider, among other things, whether (i) in such area, advanced telecommunications services, as defined in subsection (c) of Section 13-517 of this Act, are under-provided to residential or small business end users, either directly or indirectly through an Internet Service Provider, (ii) such area has a low population density, and (iii) such area has not yet developed a competitive market for advanced services. In addition, if an entity seeking a grant of funds from the Digital Divide Elimination Infrastructure Fund is an incumbent local exchange carrier having the duty to serve such area, and the obligation to provide advanced services to such area pursuant to Section 13-517 of this Act, the entity shall demonstrate that it has sought and obtained an exemption from such obligation pursuant to subsection (b) of Section 13-517. Any entity seeking a grant of funds from the Digital Divide Elimination Infrastructure Fund shall demonstrate to the Commission that the grant shall be used for the construction of high-speed data transmission facilities in an eligible area and demonstrate that it satisfies all other requirements of the Commission's rules. The Commission shall determine the information that it deems necessary to award grants pursuant to this Section. (c) The rules of the Commission shall provide for the competitive selection of recipients of grant funds available from the Digital Divide Elimination Infrastructure Fund pursuant to the Illinois Procurement Code. Grants shall be awarded to bidders chosen on the basis of the criteria established in such rules. (d) All entities awarded grant moneys under this Section shall maintain all records required by Commission rule for the period of time specified in the rules. Such records shall be subject to audit by the Commission, by any auditor appointed by the State, or by any State officer authorized to conduct audits.
Illinois
2017
220 Ill. Comp. Stat. 5/13-502.5
Services alleged to be improperly classified
Category: Funding and financing
Topic: Fund - Broadband
Requires telecommunications carriers that are subject to an action or proceeding that alleges that the carrier has improperly classified services as competitive to pay $15 million to the Digital Divide Elimination Fund pursuant to 30 Ill. Comp. Stat. 780/5-20 and an additional $15 million to the Digital Divide Elimination Infrastructure Fund pursuant to 220 Ill. Comp. Stat. 5/13-502.5. Payments were to be made in three installments on July of each year from 2002 through2004. This section is scheduled to sunset Dec. 31, 2020.
State Code
(a) Any action or proceeding pending before the Commission upon the effective date of this amendatory Act of the 92nd General Assembly in which it is alleged that a telecommunications carrier has improperly classified services as competitive, other than a case pertaining to Section 13-506.1, shall be abated and shall not be maintained or continued. (b) All retail telecommunications services provided to business end users by any telecommunications carrier subject, as of May 1, 2001, to alternative regulation under an alternative regulation plan pursuant to Section 13-506.1 of this Act shall be classified as competitive as of the effective date of this amendatory Act of the 92nd General Assembly without further Commission review. Rates for retail telecommunications services provided to business end users with 4 or fewer access lines shall not exceed the rates the carrier charged for those services on May 1, 2001. This restriction upon the rates of retail telecommunications services provided to business end users shall remain in force and effect through July 1, 2005; provided, however, that nothing in this Section shall be construed to prohibit reduction of those rates. Rates for retail telecommunications services provided to business end users with 5 or more access lines shall not be subject to the restrictions set forth in this subsection. (c) All retail vertical services, as defined herein, that are provided by a telecommunications carrier subject, as of May 1, 2001, to alternative regulation under an alternative regulation plan pursuant to Section 13-506.1 of this Act shall be classified as competitive as of June 1, 2003 without further Commission review. Retail vertical services shall include, for purposes of this Section, services available on a subscriber's telephone line that the subscriber pays for on a periodic or per use basis, but shall not include caller identification and call waiting. (d) Any action or proceeding before the Commission upon the effective date of this amendatory Act of the 92nd General Assembly, in which it is alleged that a telecommunications carrier has improperly classified services as competitive, other than a case pertaining to Section 13-506.1, shall be abated and the services the classification of which is at issue shall be deemed either competitive or noncompetitive as set forth in this Section. Any telecommunications carrier subject to an action or proceeding in which it is alleged that the telecommunications carrier has improperly classified services as competitive shall be deemed liable to refund, and shall refund, the sum of $90,000,000 to that class or those classes of its customers that were alleged to have paid rates in excess of noncompetitive rates as the result of the alleged improper classification. The telecommunications carrier shall make the refund no later than 120 days after the effective date of this amendatory Act of the 92nd General Assembly. (e) Any telecommunications carrier subject to an action or proceeding in which it is alleged that the telecommunications carrier has improperly classified services as competitive shall also pay the sum of $15,000,000 to the Digital Divide Elimination Fund established pursuant to Section 5-20 of the Eliminate the Digital Divide Law, and shall further pay the sum of $15,000,000 to the Digital Divide Elimination Infrastructure Fund established pursuant to Section 13-301.3 of this Act. The telecommunications carrier shall make each of these payments in 3 installments of $5,000,000, payable on July 1 of 2002, 2003, and 2004. The telecommunications carrier shall have no further accounting for these payments, which shall be used for the purposes established in the Eliminate the Digital Divide Law.
Illinois
no date
220 Ill. Comp. Stat. 5/16-108.5
Infrastructure investment and modernization; regulatory reform
Category: Competition and regulation
Topic: Service Provision - Other
Allows a participating utility (a utility serving more than 1 million customers in Illinois that voluntarily undertakes an infrastructure investment program meeting defined obligations) to develop and maintain broadband systems and the delivery of broadband services to provide electric delivery and smart grid functionality but cannot offer broadband services to its retail customers.
State Code
(i) While a participating utility may use, develop, and maintain broadband systems and the delivery of broadband services, voice-over-internet-protocol services, telecommunications services, and cable and video programming services for use in providing delivery services and Smart Grid functionality or application to its retail customers, including, but not limited to, the installation, implementation and maintenance of Smart Grid electric system upgrades as defined in Section 16-108.6 of this Act, a participating utility is prohibited from offering to its retail customers broadband services or the delivery of broadband services, voice-over-internet-protocol services, telecommunications services, or cable or video programming services, unless they are part of a service directly related to delivery services or Smart Grid functionality or applications as defined in Section 16-108.6 of this Act, and from recovering the costs of such offerings from retail customers.
Illinois
2017
220 Ill. Comp. Stat. 5/21-101
Findings
Category: Other
Topic: Legislative Intent
Addresses statewide cable and video franchising, stating that the state authorization process and uniform standards and procedures are intended to facilitate market entry by competitive providers, to enable consumer choice, reduce prices, increase broadband speeds, and facilitate innovation in broadband technologies. This section is scheduled to sunset on Dec. 31, 2020.
State Code
With respect to cable and video competition, the General Assembly finds that: (a) The economy in the State of Illinois will be enhanced by investment in new communications, cable services, and video services infrastructure, including broadband facilities, fiber optic, and Internet protocol technologies. (b) Cable services and video services bring important daily benefits to Illinois consumers by providing news, education, and entertainment. (c) Competitive cable service and video service providers are capable of providing new video programming services and competition to Illinois consumers and of decreasing the prices for video programming services paid by Illinois consumers. (d) Although there has been some competitive entry into the facilities-based video programming market since current franchising requirements in this State were enacted, further entry by facilities-based providers could benefit consumers, provided cable and video services are equitably available to all Illinois consumers at reasonable prices. (e) The provision of competitive cable services and video services is a matter of statewide concern that extends beyond the boundaries of individual local units of government. Notwithstanding the foregoing, public rights-of-way are limited resources over which the municipality has a custodial duty to ensure that they are used, repaired, and maintained in a manner that best serves the public interest. (f) The State authorization process and uniform standards and procedures in this Article are intended to enable rapid and widespread entry by competitive providers, which will bring to Illinois consumers the benefits of video competition, including providing consumers with more choice, lower prices, higher speed and more advanced Internet access, more diverse and varied news, public information, education, and entertainment programming, and will bring to this State and its local units of government the benefits of new infrastructure investment, job growth, and innovation in broadband and Internet protocol technologies and deployment. (g) Providing an incumbent cable or video service provider with the option to secure a State-issued authorization through the termination of existing cable franchises between incumbent cable and video service providers and any local franchising authority is part of the new regulatory framework established by this Article. This Article is intended to best ensure equal treatment and parity among providers and technologies.
Illinois
2017
220 Ill. Comp. Stat. 5/21-1201
Multiple-unit dwellings; interference with holder prohibited
Category: Competition and regulation
Topic: Service Provision - Other
Prohibits the owner or an agent or representative of a multiple-residential unit dwelling from interfering with the right of a tenant to receive cable or a related service, including broadband, from a holder of a state-issued authorization. The property owner may require compensation for property access for installation, operation, and maintenance. Access to and use of the property must be provided to cable providers in a nondiscriminatory manner. This section is schedule to sunset on Dec. 31, 2020.
State Code
(a) Neither the owner of any multiple-unit residential dwelling nor an agent or representative nor an assignee, grantee, licensee, or similar holders of rights, including easements, in any multiple-unit residential dwelling (the "owner, agent or representative") shall unreasonably interfere with the right of any tenant or lawful resident thereof to receive cable service or video service installation or maintenance from a holder of a State-issued authorization, or related service that includes, but is not limited to, voice service, Internet access or other broadband services (alone or in combination) provided over the holder's cable services or video services facilities; provided, however, the owner, agent, or representative may require just and reasonable compensation from the holder for its access to and use of such property to provide installation, operation, maintenance, or removal of such cable service or video service or related services. For purposes of this Section, "access to and use of such property" shall be provided in a nondiscriminatory manner to all cable and video providers offering or providing services at such property and includes common areas of such multiple-unit dwelling, inside wire in the individual unit of any tenant or lawful resident thereof that orders or receives such service and the right to use and connect to building infrastructure, including but not limited to existing cables, wiring, conduit or inner duct, to provide cable service or video service or related services. If there is a dispute regarding the just compensation for such access and use, the owner, agent, or representative shall obtain the payment of just compensation from the holder pursuant to the process and procedures applicable to an owner and franchisee in subsections (c), (d), and (e) of Section 11-42-11.1 of the Illinois Municipal Code (65 ILCS 5/11-42-11.1). (b) Neither the owner of any multiple-unit residential dwelling nor an agent or representative shall ask, demand, or receive any additional payment, service, or gratuity in any form from any tenant or lawful resident thereof as a condition for permitting or cooperating with the installation of a cable service or video service or related services to the dwelling unit occupied by a tenant or resident requesting such service. (c) Neither the owner of any multiple-unit residential dwelling nor an agent or representative shall penalize, charge, or surcharge a tenant or resident, forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable service or video service or related services from a holder. (d) Nothing in this Section shall prohibit the owner of any multiple-unit residential dwelling nor an agent or representative from requiring that a holder's facilities conform to reasonable conditions necessary to protect safety, functioning, appearance, and value of premises or the convenience and safety of persons or property. (e) The owner of any multiple-unit residential dwelling or an agent or representative may require a holder to agree to indemnify the owner, or his agents or representatives, for damages or from liability for damages caused by the installation, operation, maintenance, or removal of cable service or video service facilities. (f) For purposes of this Section, "multiple-unit dwelling" or "such property" means a multiple dwelling unit building (such as an apartment building, condominium building, or cooperative) and any other centrally managed residential real estate development (such as a gated community, mobile home park, or garden apartment); provided however, that multiple-unit dwelling shall not include time share units, academic campuses and dormitories, military bases, hotels, rooming houses, prisons, jails, halfway houses, nursing homes or other assisted living facilities, and hospitals.
Illinois
2017
220 Ill. Comp. Stat. 5/21-201
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband as a high-speed connection to the internet at speeds greater than 200 kilobits per second in at least one direction at the demarcation point at the subscriber’s premises.
State Code
(c) "Broadband service" means a high speed service connection to the public Internet capable of supporting, in at least one direction, a speed in excess of 200 kilobits per second (kbps) to the network demarcation point at the subscriber's premises.
Illinois
2018
220 Ill. Comp. Stat. 80/10
Definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband as lines or wireless channels that terminate at an end-user location and allow the end user to send or receive data from the internet.
State Code
"Broadband" or "broadband service" means lines (or wireless channels) that terminate at an end-user location and enable the end-user to receive information from or send information to the Internet.
Illinois
2018
220 Ill. Comp. Stat. 80/10
Definitions (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines an unserved area as a community that has no broadband service.
State Code
"Unserved area" means a community that has no access to broadband service.
Illinois
2018
220 Ill. Comp. Stat. 80/15
Broadband Advisory Council; members of council; administrative support
Category: Broadband programs
Topic: Task Force
Creates a Broadband Advisory Council to be housed in and supported by the Department of Commerce and Economic Opportunity. Defines the council’s composition and meeting schedule.
State Code
(a) The Broadband Advisory Council is hereby established. The Department of Commerce and Economic Opportunity shall house the Council and provide administrative, personnel, and technical support services. (b) The Council shall consist of the following 21 voting members: (1) the Director of Commerce and Economic Opportunity or his or her designee, who shall serve as chair of the Council; (2) the Secretary of Innovation and Technology or his or her designee; (3) the Director of Aging or his or her designee; (4) the Attorney General or his or her designee; (5) the Chairman of the Illinois Commerce Commission or his or her designee; (6) one member appointed by the Director of Healthcare and Family Services to represent the needs of disabled citizens; (7) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing electric cooperatives; (8) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the executive director of a statewide organization representing municipalities; (9) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing libraries; (10) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing public housing authorities; (11) one member appointed by the Chair of the Illinois Community College Board; (12) one member appointed by the Chair of the Illinois Board of Higher Education; and (13) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of the State's largest general farm organization; (14) one member appointed by the Director of Aging and nominated by an organization representing Illinois' senior population with a membership of at least 1,500,000; (15) seven members to represent broadband providers for 3-year terms appointed by the Governor as follows: (A) one member representing an incumbent local exchange carrier that serves rural areas; (B) one member representing an incumbent local exchange carrier that serves urban areas; (C) one member representing wireless carriers that offer broadband Internet access; (D) one member representing cable companies that serve Illinois; (E) one member representing a statewide rural broadband association; (F) one member representing a telecommunications carrier issued a certificate of public convenience and necessity or a certificate of service authority from the Illinois Commerce Commission, whose principal place of business is located in east central Illinois and who is engaged in providing broadband access in rural areas through the installation of broadband lines that connect telecommunications facilities to other telecommunications facilities or to end-users; and (G) one member representing satellite providers; (c) In addition to the 21 voting members of the Council, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall each appoint one non-voting member of the Council. (d) All voting and non-voting members must be appointed within 90 days after the effective date of this Act. (e) The members shall select a vice chair from their number. In the absence of the chair, the vice chair shall serve as chair. The Council shall appoint a secretary-treasurer who need not be a member of the Council and who, among other tasks or functions designated by the Council, shall keep records of its proceedings. (f) The Council may appoint working groups to investigate and make recommendations to the full Council. Members of these working groups need not be members of the Council. (g) Seven voting members of the Council constitute a quorum, and the affirmative vote of a simple majority of those members present is necessary for any action taken by vote of the Council. (h) The Council shall conduct its first meeting within 30 days after all members have been appointed. The Council shall meet quarterly after its first meeting. Additional hearings and public meetings are permitted at the discretion of the members. The Council may meet in person or through video or audio conference. (i) Members shall serve without compensation and may be reimbursed for reasonable expenses incurred in the performance of their duties from funds appropriated for that purpose.
Illinois
2018
220 Ill. Comp. Stat. 80/15 (a)
Broadband Advisory Council; members of Council; administrative support
Category: Broadband programs
Topic: Agency
Tasks the Department of Commerce and Economic Opportunity with providing staffing and administrative and technical support to the Broadband Advisory Council.
State Code
(a) The Broadband Advisory Council is hereby established. The Department of Commerce and Economic Opportunity shall house the Council and provide administrative, personnel, and technical support services.
Illinois
2018
220 Ill. Comp. Stat. 80/20
Powers and duties of the council generally
Category: Broadband programs
Topic: Task Force
Defines the Broadband Advisory Council’s powers and duties. They include exploring options to expand broadband availability to end users; identifying barriers to adoption among residents and small businesses; researching methods to eliminate barriers to adoption; evaluating broadband availability for low-income households compared to other households; exploring the potential to increase the use of broadband across multiple sectors and for aging in place; and encouraging local governments and public housing authorities to expand the use of broadband services to better serve the public. Also tasks the council with monitoring broadband activity in other states and receiving input from broadband stakeholders. Directs the council to make recommendations to the General Assembly and governor on expanding availability in unserved rural and unserved urban areas and improving adoption and proposing statutory changes that may result in expanded broadband. Requires the council to submit an annual report to the General Assembly.
State Code
(a) The Council shall: (1) explore any and all ways to expand the availability to end-user customers of broadband services using available technologies, including, but not limited to, wireline, wireless, fixed wireless, and satellite applications; (2) identify barriers to broadband adoption among the residents and small businesses of Illinois; (3) research ways to eliminate barriers to adoption through measures such as: digital literacy programs; programs to assist older citizens in using broadband Internet access; programs to facilitate adoption by disabled citizens; and programs to encourage collaborative efforts among public universities, community colleges, libraries, public housing, and other institutions; (4) assess the availability of broadband for low-income households compared to the availability of broadband for other households; (5) explore the potential for increased use of broadband service for the purposes of education, career readiness, workforce preparation, and alternative career training; (6) explore the potential for increased use of broadband services to facilitate aging in place; (7) explore ways for encouraging State and municipal agencies, including public housing authorities, to expand the use of broadband services for the purpose of better serving the public, including audio and video streaming, voice-over Internet protocol, teleconferencing, and wireless networking; (8) cooperate and assist in the expansion of electronic instruction and distance education services; and (9) as the Federal Communications Commission updates the benchmark downstream data rates and upstream data rates, publish the revised data rates in the Illinois Register within 60 days after the federal update. (b) In addition to the powers set forth elsewhere in this Act, the Council is hereby granted the powers necessary to carry out the purpose and intent of this Act, as enumerated in this Section, including, but not limited to: (1) promoting awareness of public facilities that have community broadband access that can be used for distance education and workforce development; and (2) advising on deployment of e-government portals such that all public bodies and political subdivisions have websites and encourage one-stop government access and that all public entities stream audio and video of all public meetings. (c) The Council shall also: (1) monitor the broadband-based development efforts of other states in areas such as business, education, aging in place, and health; (2) receive input provided on a voluntary basis from all Illinois broadband stakeholders and advise the Governor and the General Assembly on policies related to broadband in Illinois, provided that no stakeholders shall be required to publicly disclose competitively sensitive information or information that could compromise network security or undermine the efficacy of reasonable network management practices, and that any such information voluntarily disclosed shall be protected from public disclosure; and (3) serve as the broadband advocate to State agencies and other State entities to communicate the broadband needs of citizens and organizations that do not have access to broadband service or to broadband service adequate for their needs. (d) The Council shall exercise its powers and authority to (1) advise and make recommendations to the General Assembly and the Governor on bringing broadband service to unserved rural and urban areas, (2) advise and make recommendations to the General Assembly and the Governor on facilitating broadband adoption by all citizens, and (3) propose statutory changes that may enhance and expand broadband in the State. (e) The Council shall report to the General Assembly on or before January 1 of each year. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. The report shall include the action that was taken by the Council during the previous year in carrying out the provisions of this Act. The Council shall also make any other reports as may be required by the General Assembly or the Governor.
Illinois
2020
220 Ill. Comp. Stat. 80/25
Universal no-cost broadband Internet access
Category: Other
Topic: Other
Tasks the Broadband Advisory Council with studying the goals of providing all Illinois residents with universal broadband service through expansion of the state’s competitive matching grant program and of ensuring affordable access to that service. Directs the Office of Broadband within the Illinois Department of Commerce and Economic Opportunity to support and assist the council with the study, which must include establishing access to broadband service in ZIP codes with high levels of poverty and in areas without the necessary infrastructure; identify new and existing state, federal, and private-public partnership revenue streams to support the expansion of broadband infrastructure and free unlimited internet access for some or all Illinois residents; and recommend an implementation schedule for universal broadband to the extent feasible. The study also should consider the incorporation and expansion of initiatives established in the Connect Illinois Broadband Strategic Plan to the extent possible. Requires the council to issue a report on its findings and recommendations for legislation to the General Assembly by Jan. 1, 2021.
State Code
(a) In furtherance of the purposes of this Act to expand broadband service to unserved rural and urban areas of this State and to achieve universal broadband service and Internet access for the residents of this State, the Broadband Advisory Council shall study the goal of providing free access to all residents of this State to broadband service through the expansion of the state broadband competitive matching grant program. The Broadband Advisory Council shall also study the alternative goal of providing affordable access to all residents of this State to broadband service. The Office of Broadband within the Department of Commerce and Economic Opportunity shall support and assist the Council in the development of the study.
(b) The study must include establishing access to broadband service in zip codes identified as having high levels of poverty and in the areas of the State without the infrastructure necessary to meet the requirements for high-speed access to the Internet. To the extent possible, the study shall consider the incorporation and expansion of the initiatives established in the Connect Illinois Broadband Strategic Plan. The Council's study shall identify existing and new streams of State, federal and private-public partnership revenue to underwrite the creation of necessary infrastructure and purchase unlimited broadband Internet access to be provided, without charge, to some or all residents of the State. The Council's study shall include a recommended schedule for implementation of free universal broadband to the extent determined to be feasible.
(c) The Council shall issue a report on its findings and recommendations for any necessary legislation to the General Assembly no later than January 1, 2021.
Illinois
2019
30 Ill. Comp. Stat. 425/4
Purposes of Bonds
Category: Funding and financing
Topic: Financing - Other
Authorizes the issuance of bonds, one acceptable use of which is to make capital expenditures for broadband deployment and for a statewide broadband deployment grant program.
State Code
Bonds shall be issued for the following purposes and in the approximate amounts as set forth below: (b) $2,122,970,300 for fostering economic development and increased employment and fostering the well being of the citizens of Illinois through community development, including: _�_ the making of capital expenditures and grants for broadband development and for a statewide broadband deployment grant program
Illinois
2017
30 Ill. Comp. Stat. 575/8h
Encouragement for telecom and communications entities to submit supplier diversity reports
Category: Other
Topic: Other
Subjects telecom and communications entities, including broadband providers to this section, which includes the requirement to submit information and data on diversity goals and progress toward achieving those goals to the Illinois Commerce Commission and Business Enterprise Council annually. Diversity reports must include information on annual spending on certified businesses owned by minorities, women, persons with disabilities, and service-disabled veterans, supplier diversity goals and how the entity plans to meet those goals, and beginning with the 2020 report, the percentage of women and minorities providing services for each construction project in the state. Entities subject to this section that do not submit a report will be reported to the Business Enterprise Council to each chief procurement officer and may be prohibited in bidding on state contracts for a period of one year. This section is scheduled to sunset on June 30, 2020.
State Code
(1) The following entities that do business in Illinois or serve Illinois customers shall be subject to this Section: (i) all local exchange telecommunications carriers with at least 35,000 subscriber access lines; (ii) cable and video providers, as defined in Section 21-20l of the Public Utilities Act; (iii) interconnected VoIP providers, as defined in Section 13-235 of the Public Utilities Act; (iv) wireless service providers; (v) broadband internet access services providers; and (vi) any other entity that provides messaging, voice, or video services via the Internet or a social media platform. (2) Each entity subject to this Section may submit to the Illinois Commerce Commission and the Business Enterprise Council an annual report by April 15, 20l8, and every April 15 thereafter, which provides, for the previous calendar year, information and data on diversity goals, and progress toward achieving those goals, by certified businesses owned by minorities, women, persons with disabilities, and service-disabled veterans, provided that if the entity does not track such information and data for businesses owned by service-disabled veterans, the entity may provide information and data for businesses owned by veterans. The diversity report shall include the following: (i) Overall annual spending on all such certified businesses. (ii) A narrative description of the entity's supplier diversity goals and plans for meeting those goals. (iii) The entity's best estimate of its annual spending in professional services and spending with certified businesses owned by minorities, women, persons with disabilities, and service-disabled veterans (or veterans, if the reporting entity does not track spending with service-disabled veterans), including, but not limited to, the following professional services categories: accounting; architecture and engineering; consulting; information technology; insurance; financial, legal, and marketing services; and other professional services. The diversity report shall also include the entity's overall annual spending in the listed professional service categories. For the diversity reports due on April 15, 2018 and April 15, 2019, the information on annual spending with certified businesses for professional services required by this Section may be provided for all professional services on an aggregated basis. (iv) Beginning with the diversity report due on April 15, 2020, the total number and percentage of women and minorities that provided services for each construction project in the State. An entity subject to this Section which is part of an affiliated group of entities may provide information for the affiliated group as a whole. (3) Any entity that is subject to this Section that does not submit a report shall be reported by the Business Enterprise Council to each chief procurement officer. Upon receiving a report from the Business Enterprise Council, the chief procurement officer may prohibit any entities that do not submit a report from bidding on State contracts for a period of one year beginning the first day of the following fiscal year and post on its respective bulletin the names of all entities that fail to comply with the provisions of this Section. (4) A vendor may appeal any of the actions taken pursuant to this Section in the same manner as a vendor denied certification, by following the appeal procedures in the administrative rules created pursuant to this Act.
Illinois
2018
50 Ill. Comp. Stat. 840
Small wireless facilities deployment act
Category: Infrastructure access
Topic: Small cell facilities
States that small cell wireless facilities are essential to delivering wireless access and broadband services to homes, schools, and business in Illinois. Exempts a municipality with a population of 1 million or more from the provisions of this act. Prohibits local governments from prohibiting, regulating, or charging for the co-location of small cell facilities. Requires that small cell facilities be classified as permitted uses and subject only to administrative review if they are in the right of way in any zone or outside the right of way in property zoned for commercial or industrial use. Prohibits the local government from requiring unrelated services from the application, including in-kind contributions. Allows the local government to request site-specific structural integrity and a make-ready analysis for a utility pole, the location of each proposed facility and photographs of the utility pole and its immediate surroundings, specification types and drawings, and the make and model of equipment to be installed, as well as the proposed schedule for installation. However, the local government cannot require placement on any specific utility pole or category of poles. Requires providers to comply with reasonable, technically feasible design measures in a historic district or on a historic landmark, but these requirements cannot have the effect of prohibiting the provider’s technology. Sets timelines for reviewing applications and allows up to 25 facilities to be submitted on a single application. Addresses maximum application fees for co-location and facilities that require new utilities.
State Code
Small wireless facilities are critical to delivering wireless access to advanced technology, broadband, and 9-1-1 services to homes, businesses, and schools in Illinois. Because of the integral role that the delivery of wireless technology plays in the economic vitality of the State of Illinois and in the lives of its citizens, the General Assembly has determined that a law addressing the deployment of wireless technology is of vital interest to the State. To ensure that public and private Illinois consumers continue to benefit from these services as soon as possible and to ensure that providers of wireless access have a fair and predictable process for the deployment of small wireless facilities in a manner consistent with the character of the area in which the small wireless facilities are deployed, the General Assembly is enacting this Act, which specifies how local authorities may regulate the collocation of small wireless facilities.
Illinois
2013
765 Ill. Comp. Stat. 605/14.3
Granting of easement for laying of cable television or high-speed internet cable
Category: Competition and regulation
Topic: Service Provision - Other
Grants an easement for high-speed internet cable for condominiums if more than half of unit owners agree at a meeting called for such a purpose unless different procedures are provided in the condominium instrument.
State Code
Unless the condominium instrument expressly provides for a greater percentage or different procedures a majority of more than 50% of the unit owners at a meeting of unit owners duly called for such purpose may authorize the granting of an easement for the laying of cable television or high speed Internet cable. The grant of such easement shall be according to the terms and conditions of the local ordinance providing for cable television or high speed Internet in the municipality.
Illinois
2018
765 Ill. Comp. Stat. 605/18.4
Powers and duties of board of managers
Category: Competition and regulation
Topic: Service Provision - Other
States that condominium board managers’ duties include recording the granting of an easement for high-speed internet cable and, if available and approved by the condominium board, purchasing bulk high-speed internet service for all condominium units on a bulk identical service and equal cost basis.
State Code
(o) To record the granting of an easement for the laying of cable television or high speed Internet cable where authorized by the unit owners under the provisions of Section 14.3; to obtain, if available and determined by the board to be in the best interests of the association, cable television or bulk high speed Internet service for all of the units of the condominium on a bulk identical service and equal cost per unit basis; and to assess and recover the expense as a common expense and, if so determined by the board, to assess each and every unit on the same equal cost per unit basis.
Illinois
2019
Ill. Pub. Act 101-0029, 2019
Department of Commerce and Economic Opportunity
Category: Funding and financing
Topic: Fund - Broadband
Appropriates $400 million to the Department of Commerce and Economic Opportunity to make broadband expansion grants and to invest in health information technology, telemedicine, distance learning, and public safety.
State Code
Section 30. The sum of $100,000,000, or so much thereof as may be necessary, is appropriated from the Build Illinois Bond Fund to the Department of Commerce and Economic Opportunity for grants and loans including but not limited to broadband deployment to expand and strengthen existing broadband network infrastructure, health information technology, telemedicine, distance learning, and public safety, including prior incurred costs.
Section 35. The sum of $300,000,000, or so much thereof as may be necessary, is appropriated from the Rebuild Illinois Projects Fund to the Department of Commerce and Economic Opportunity for grants and loans including but not limited to broadband deployment to expand and strengthen existing broadband network infrastructure, health information technology, telemedicine, distance learning, and public safety, including prior incurred costs.
Indiana
2017
Ind. Code 32-30-16-17
Broadband internet service made available by electricity supplier; separate legal entity or accounting system required; annual audit; allocation method; confidential or proprietary information
Category: Competition and regulation
Topic: Service Provision - Other
Defines requirements for an electricity supplier that is providing broadband internet service, including forming a separate legal entity, maintaining a separate accounting system, and undergoing an annual audit.
State Code
(a) This section: (1) applies only to an electricity supplier that uses the procedures set forth in this chapter; and (2) does not apply to: (A) an electricity supplier; (B) a subsidiary of an electricity supplier; or (C) any other affiliated entity of an electricity supplier; that does not use the procedures set forth in this chapter. (b) An electricity supplier described in subsection (a)(1) shall, either acting by itself or in conjunction with one (1) or more other entities: (1) form a separate legal entity; or (2) maintain a separate accounting system; with respect to the provision of broadband Internet service that is made available by the electricity supplier, alone or in conjunction with one (1) or more other legal entities, within all or any part of the electricity supplier's electric service territory in accordance with this chapter (c) An entity that provides broadband Internet service under subsection (b), whether that entity is a separate legal entity formed under subsection (b)(1) or an electricity supplier acting alone or in conjunction with one or more other legal entities, shall cause to be performed an annual audit of the entity's financial records concerning only the provision of broadband Internet service by the entity. A summary of the audit results required under this subsection shall be made available to a member of the electricity supplier described in subsection (a)(1) upon request. An entity that provides broadband Internet service under this chapter, including any affiliated electricity supplier of the electricity supplier described in subsection (a)(1), has discretion in choosing an allocation method for recording any: (1) expenses; (2) income; (3) assets; (4) liabilities; or (5) other financial items; including those related to electric facilities that are or may be used for the provision of broadband Internet service in accordance with this chapter. (d) This section may not be construed to require an electricity supplier or an entity that provides broadband Internet service under subsection (b) to disclose to any person, member, or entity any confidential or proprietary information that is not otherwise available in the public domain.
Indiana
2017
Ind. Code 32-30-16-8
Installing new communications infrastructure or making capacity available through existing infrastructure; written notice to property owner required; contents; electricity supplier's plan for making broadband internet service available; delivery of notice; duty to resend notice; resetting of time period for bringing cause of action; confidential information; no liability for broadband plan
Category: Infrastructure access
Topic: IA - Other
Requires an electricity supplier installing new communications infrastructure, including broadband—or making a communications service available through existing communications infrastructure within an electric easement—to notify the property owner of the supplier’s intent to install new infrastructure or make capacity for communication service available within the easement and explain the supplier’s right to record a new easement. For broadband, the notification includes a written plan for making broadband service available within the service territory, including a map of the proposed area for broadband service, a proposed timeline for making service available, and the cost impacts on the electricity supplier’s members.
State Code
(a) This section applies to an electricity supplier that: (1) installs new communications infrastructure; or (2) makes capacity available for communications service through existing communications infrastructure; within an electric easement under this chapter. (b) As used in this section, "notice" means a written letter: (1) that is sent by first class mail by the electricity supplier to the property owner; and (2) that includes the following information: (A) The name, address, and telephone number of the electricity supplier, along with a named point of contact for the electricity supplier.(B) Either: (i) the address and name associated with the impacted property; or (ii) if the name of the property owner is not known by the electricity supplier, the address associated with the affected property, with the letter addressed to "The property owner of (street address, city, state, and ZIP code of the affected property)". (C) A citation to this chapter. (D) A statement indicating the electricity supplier's intent to: (i) install new communications infrastructure; or (ii) make capacity available for communications service through existing communications infrastructure; as applicable, within the electric easement. (E) An estimate of when: (i) installation of new communications infrastructure will occur; or (ii) communications service will be made available through existing communications infrastructure; as applicable, within the electric easement. (F) A statement explaining the electricity supplier's right to record a new easement under section 14 of this chapter. (G) A summary of the property owner's right to obtain an appraisal under section 11 of this chapter and to bring an action under section 12 of this chapter, including: (i) a statement of the time limit for bringing an action, as set forth in section 10 of this chapter; and (ii) a statement explaining that the property owner is precluded from exercising the rights that are otherwise available to the property owner under sections 11 and 12 of this chapter if the property owner signs an agreement, a master agreement, or an affidavit described in section 9 of this chapter. (H) Subject to subsections (f) and (g), a written plan for making broadband Internet service available within the electricity supplier's electric service territory, including the following information, to the extent the information is available to and known by the electricity supplier: (i) A description of the proposed area or areas in which the broadband Internet service is to be made available. (ii) A map of the proposed area or areas identified under item (i). (iii) A proposed timetable for making broadband Internet service available in the area or areas identified under item (i). (iv) A statement as to whether the electricity supplier, an affiliated entity, or a third party would provide the broadband Internet service to be made available. (v) The anticipated costs to the electricity supplier's members of any infrastructure necessitated by the plan. (c) An electricity supplier shall provide notice to a property owner upon whose property the electricity supplier will: (1) install new communications infrastructure; or (2) make capacity available for communications service through existing communications infrastructure; within an electric easement under this chapter. An electricity supplier's provision of a notice that substantially conforms to the requirements set forth in subsection (b) constitutes the provision of notice for purposes of this section. (d) Delivery of notice under this section occurs on the date upon which the notice is mailed by an electricity supplier to a property owner. An electricity supplier may prove delivery of notice under this section by any official or generally accepted time stamped document, whether maintained in physical form or electronically by the electricity supplier. A court shall accept proof described in this section in a proceeding under section 12 of this chapter. (e) If: (1) installation of new communications infrastructure does not occur; or (2) communications service is not made available through existing communications infrastructure; within the electric easement within one hundred eighty (180) days after notice under this section is delivered, as determined under subsection (d), the electricity supplier shall resend notice under this section to the property owner, and the time period set forth in section 10 of this chapter restarts based on the date the subsequent notice is delivered, as determined under subsection (d). A property owner's exclusive remedy for an electricity supplier's failure to provide notice as required under this section is the resetting of the time period set forth in section 10 of this chapter. (f) This section does not require an electricity supplier, an affiliated entity of an electricity supplier, or a communications service provider to disclose confidential and proprietary business plans and other confidential information. (g) The failure of an electricity supplier to: (1) make broadband Internet service available in any area identified in the plan required by subsection (b)(2)(H); (2) meet the proposed timetable for making broadband Internet service available in any area identified in the plan required by subsection (b)(2)(H); (3) accurately estimate the costs to the electricity supplier's members of any infrastructure necessitated by the plan required by subsection (b)(2)(H); or (4) otherwise take any actions described in, or related to, the plan required by subsection (b)(2)(H); does not create any liability with respect to the electricity supplier beyond that which would otherwise apply under applicable law and, except as provided in section 1(c) of this chapter, does not preclude the electricity supplier from using the procedures set forth in this chapter.
Indiana
2017
Ind. Code 32-30-16-9
Communications service made available by electricity supplier; notice in member or customer agreement; consent to expansion of easement; signature required; tenant-occupied property; owner-signed master agreement or affidavit
Category: Infrastructure access
Topic: IA - Other
Requires an electricity provider that makes communications service available to a property to include in the customer agreement a clause granting an easement to the provider to install communications infrastructure on the property.
State Code
(a) An electricity supplier that makes communications service available to a property owner through communications infrastructure that is installed or will be installed within an electric easement shall include in any: (1) member agreement; (2) customer agreement; or (3) other similar agreement; related to the communications service a provision notifying a property owner that takes or will take communications service from the electricity supplier, or from any affiliated entity, that by signing the agreement for communications service, the property owner expressly consents to the expansion of the electric easement that the electricity supplier has with the property owner to include communications infrastructure.
Indiana
no date
Ind. Code 4-34 et seq.
Indiana Technology Fund
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Creates a fund to be administered by the Office of Technology to make grants to schools for internet connectivity and related equipment.
State Code
Money in the fund shall be allocated annually to the office of technology established by IC 4-13.1-2-1 to make matching grants to school corporations or to make payments directly to vendors for Internet connections and related equipment for a school corporation. The office of technology shall develop a plan to implement grants under this section. The budget committee shall review the plan. The budget agency must approve of the plan.
Indiana
2018
Ind. Code 4-4-38-10
Annual report to General Assembly; contents; triennial audit by state board of accounts
Category: Broadband programs
Topic: Agency
Requires the Office of Community and Rural Affairs to submit an annual report on the office’s activities, including the status of any funded broadband projects, the number of locations to which broadband has been deployed with the use of these funds, and overall progress on broadband deployment, to the General Assembly.
State Code
Sec. 10. (a) Not later than August 1 of each year, the office shall submit to the general assembly a report on the office's activities under this chapter during the most recent state fiscal year, including the following: (1) The number, amounts, and recipients of grants awarded under this chapter. (2) The status of any funded qualified broadband projects. (3) Expenses incurred and funds spent by the office in administering this chapter. (4) A list of the entities, if any, that the office collaborated with in administering this chapter. (5) An accounting of funds in the rural economic development fund established by IC 4-4-9.7-9, including funds awarded as grants under this chapter. (6) The number of locations in Indiana to which broadband infrastructure has been deployed with the use of grant funds under this chapter, including address-level information for newly connected locations. (7) The overall progress of the deployment of broadband infrastructure for the provision of qualified broadband service in unserved areas in Indiana. A report to the general assembly under this subsection must be in an electronic format under IC 5-14-6. (b) Every three (3) years, beginning in 2021, the state board of accounts shall conduct an audit of the awarding of grants under this chapter during the most recent three (3) state fiscal years. A report of an audit conducted under this subsection shall be submitted to the general assembly in an electronic format under IC 5-14-6 not later than December 31 of the calendar year that includes the end of the third state fiscal year covered by the audit.
Indiana
2018
Ind. Code 4-4-38-5
Qualified broadband service
Category: Definitions
Topic: Definition - Broadband (Speed of 10 Mbps / 1 Mbps)
Defines broadband service as a connection to the internet that provides capacity for transmission at actual Speed of 10 megabits per second (Mbps) download and 1 Mbps upload, regardless of the technology used.
State Code
As used in this chapter, "qualified broadband service" means a connection to the Internet that provides capacity for transmission at an actual speed of at least ten (10) megabits per second downstream and at least one (1) megabit per second upstream, regardless of the technology or medium used to provide the connection.
Indiana
2018
Ind. Code 4-4-38-6
Unserved area
Category: Definitions
Topic: Definition - Unserved
Defines an unserved area as an area of the state at a census block level where there is not at least one terrestrial broadband service offering a connection to the internet at a speed of at least 10 megabits per second (Mbps) download and 1 Mbps upload.
State Code
As used in this chapter, "unserved area" means a geographic area of Indiana, identified at the census block level, in which there is not at least one (1) provider of terrestrial broadband service offering a connection to the Internet that provides capacity for transmission at an actual speed of at least ten (10) megabits per second downstream and at least one (1) megabit per second upstream.
Indiana
2018
Ind. Code 4-4-38-7
Grants for qualified broadband projects; rural economic development fund; priorities; publication of applications; comments or objections
Category: Funding and financing
Topic: Fund - Broadband
Directs the Office of Community and Rural Affairs to establish procedures for awarding broadband grants from the Rural Broadband Fund. Grants are to be awarded to qualified broadband providers for qualified broadband project expenses, with priority given to deploying broadband to areas where it is unavailable or the only available service is at download speeds of less than 10 Megabits per second (Mbps).
State Code
(a) Subject to: (1) subsection (b); and (2) section 8 of this chapter; the office shall establish procedures for awarding grants from the fund to qualified broadband providers for qualified broadband project expenses incurred in connection with qualified broadband projects. (b) In awarding grants under this chapter, the office shall establish the following priorities: (1) First, extending the deployment of qualified broadband service to areas in which: (A) Internet connections are unavailable; or (B) the only available Internet connections provide capacity for transmission at an actual speed of less than ten (10) megabits per second downstream. (2) Second, extending the deployment of high speed Internet service to areas in which the only available Internet connections provide capacity for transmission at an actual speed of: (A) not less than ten (10) megabits; and (B) not more than twenty-five (25) megabits; per second downstream. (c) Subject to section 11 of this chapter, the office shall publish on the office's Internet web site all grant applications received by the office under this chapter. For each grant application received, the office shall establish a period of at least thirty (30) days from the date the application is published on the office's Internet web site under this subsection, during which time the office will accept comments or objections concerning the application. The office shall consider all comments or objections received under this subsection in making a determination as to whether to award a grant to an applicant under this chapter.
Indiana
2018
Ind. Code 4-4-38-8
Awarding of grants; required considerations; conditions
Category: Funding and financing
Topic: Fund - Broadband
Lists conditions for determining whether to make grant awards to qualified broadband projects. These include prioritizing projects that will provide internet connections to the most underserved areas at the lowest grant amount per area; the community’s need for and likely economic impact of the broadband project; community support for it (including certification of one or more of the communities that will be served by the project as a Broadband Ready Community); whether federal funding has been allocated to the area; whether the proposed service is scalable to higher download or upload speeds; and if the project includes any plans to encourage adoption. Allows people to petition the office to have an area determined as unserved, creates a challenge process for providers.
State Code
(a) In determining whether to award a grant under this chapter in connection with a proposed qualified broadband project, the office shall consider the following: (1) Awarding grants under this chapter with a preference for funding proposed qualified broadband projects that will provide Internet connections to the most unserved areas at the highest speeds for the lowest grant amount per area. (2) The community's need for, and the likely economic impact of, the proposed qualified broadband project in the unserved area. (3) Demonstrated community support for the proposed qualified broadband project, including the certification of one (1) or more communities to be served by the project as broadband ready communities under IC 5-28-28.5. (4) The likelihood that the unserved area will not be served with qualified broadband service without state grant funding. (5) Whether funding has been allocated for the unserved area from the federal Connect America Fund or from any other similar federal funding program. (6) Whether the broadband infrastructure proposed in connection with the qualified broadband project is scalable to higher download and upload speeds. (7) Awarding grants for qualified broadband projects that will serve a larger unserved area or a greater number of locations within an unserved area. (8) The useful life of the broadband network proposed to be deployed. (9) The technical, managerial, and financial capabilities of the applicant. (10) The ability of the applicant to commit to providing at least twenty percent (20%) of the cost to deploy the proposed broadband infrastructure. When multiple applicants apply for a grant to provide broadband service to the same census block within an unserved area, the office may establish a preference for approving applications with a greater capital contribution by the applicant. (11) Any proposed plans to encourage the adoption and use of broadband services within the unserved area. (12) Any other factors the office considers appropriate to enable the deployment of broadband infrastructure to provide qualified broadband service in unserved areas in Indiana. (b) The following conditions apply to the awarding of grants under this chapter: (1) The office shall not award a grant with respect to any geographic area if information made available to the office, through comments or objections received under section 7(c) of this chapter or otherwise, indicates any of the following: (A) The area is already being served by at least one (1) provider offering qualified broadband service in the area. However, any person may, in a petition filed with the office, provide evidence that one (1) or more locations within one (1) or more census blocks in the area are unserved areas. Upon receiving a petition described in this clause, the office shall notify all broadband providers operating in all census blocks included in the petition. Those broadband providers may in turn demonstrate to the office that the locations included in the petition: (i) are already served with qualified broadband service; or (ii) will be served with qualified broadband service not later than eighteen (18) months after the date of the application for a grant under this chapter.
Indiana
2018
Ind. Code 4-4-38-9
Office to adopt guidelines; collaboration with state and local agencies
Category: Broadband programs
Topic: Agency
Directs the Office of Community and Rural Affairs to adopt guidelines to implement this chapter, including application and challenge processes for broadband grants, and the petition process for designating an area as unserved.
State Code
(a) The office shall adopt guidelines to implement this chapter, including guidelines governing: (1) the form and content of requests to provide qualified broadband service to an unserved area; (2) the form and content of applications for grants under this chapter; (3) a competitive bidding process or a process for requests for proposals for qualified broadband projects; (4) a process by which a broadband provider may challenge the designation of an area as unserved; and (5) a process by which: (A) a person may, in a petition filed with the office, provide evidence that one (1) or more locations within one (1) or more census blocks are unserved areas; and (B) upon the filing of a petition described in clause (A): (i) the office notifies all broadband providers operating in all census blocks included in the petition; and (ii) those broadband providers have the opportunity to demonstrate to the office that the locations included in the petition are already served with qualified broadband service or will be served with qualified broadband service not later than eighteen (18) months after the date of the application for a grant under this chapter. (b) In adopting the guidelines described in subsection (a) or in otherwise administering this chapter, the office may collaborate with or seek guidance from: (1) the Indiana economic development corporation established by IC 5-28-3-1; (2) the broadband ready communities development center established by IC 5-28-28.5-5; (3) the Indiana department of transportation established by IC 8-23-2-1; and (4) any other agencies of the state or of political subdivisions of the state.
Indiana
no date
Ind. Code 4-4-38.5 et seq.
Broadband Grants for Rural Areas
Category: Funding and financing
Topic: Fund - Broadband
Creates the Rural Broadband Fund and outlines procedures that the state broadband office must follow in awarding grants from the fund. Requires the program to fund projects in areas with download speeds of less than 10 Megabits per second (Mbps) before funding projects in areas with download speeds between 10 Mbps and 25 Mbps.
State Code
(a) The office shall establish procedures for the awarding of grants from the fund after July 31, 2019, by state agencies to eligible broadband service providers for eligible broadband projects. (b) The procedures established under this section must establish the following priorities for the awarding of grants under this chapter: (1) First, extending the deployment of eligible broadband service to areas in which: (A) Internet connections are unavailable; or (B) the only available connections to the Internet are at actual speeds of less than ten (10) megabits per second downstream. (2) Second, extending the deployment of eligible broadband service to areas in which the only available connections to the Internet are at actual speeds of: (A) not less than ten (10) megabits; and (B) not more than twenty-five (25) megabits; per second downstream. (3) Projects for areas described in subdivision (2) shall not be funded before projects described in subdivision (1).
Indiana
no date
Ind. Code 4-4-38.5-3
Broadband Grants for Rural Areas
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
For the purpose of the broadband grant program, defines broadband as internet service with actual download speeds of at least 25 megabits per second and actual upload speeds of at least 3 megabits per second.
State Code
As used in this chapter, "eligible broadband service" means a terrestrial connection to the Internet that provides an actual speed of at least twenty-five (25) megabits per second downstream and at least three (3) megabits per second upstream, regardless of the technology or medium used to provide the connection.
Indiana
2018
Ind. Code 5-28-28.5-0.5
Broadband services
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband services as voice, video, and data services that provide capacity for transmission at speeds greater than 384 kilobits per second in at least one direction, regardless of the technology used.
State Code
As used in this chapter, "broadband services" includes services, including voice, video, and data, that provide capacity for transmission of more than three hundred eighty-four (384) kilobits per second in at least one (1) direction regardless of the technology or medium used, including wireless, copper wire, fiber optic cable, or coaxial cable. If voice transmission capacity is offered in conjunction with other services using transmission of more than three hundred eighty-four (384) kilobits per second, the voice transmission capacity may be less than three hundred eighty-four (384) kilobits per second. The authority shall annually reconsider the three hundred eighty-four (384) kilobits threshold under this section with a bias toward raising the threshold in a manner consistent with technological advances.
Indiana
2020
Ind. Code 5-28-28.5-5 et seq.
Broadband ready communities development center established; duties¶
Category: Broadband programs
Topic: Promotional
Establishes the Broadband Ready Communities Development Center within the Office of Community and Rural Affairs and tasks it with providing public information about project permits and related business activities, working with state and local government entities to encourage efficient permitting and resolution of related issues, and encouraging local and federal agencies to coordinate on approving project applications and permits.
State Code
Sec. 5. The broadband ready communities development center is established within the office of community and rural affairs. The center has the following duties:
(1) Providing comprehensive information concerning permits required for projects and related business activities in Indiana and making this information available to any person.
(2) Working with other state and local government offices, departments, and administrative entities to encourage timely and efficient issuance of permits and resolution of related issues.
(3) Encouraging local and federal government agencies to coordinate activities related to approving applications and issuing permits for projects.
Sec. 6. (a) In addition to the duties set forth in section 5 of this chapter, the center shall create a program to certify a unit as a broadband ready community.
(b) A unit may apply for certification as a broadband ready community. The application must be in a form and manner prescribed by the office of community and rural affairs. The office of community and rural affairs shall approve an application and certify a unit as a broadband ready community if the office of community and rural affairs determines that the unit has:
(1) established a permit procedure that complies with section 7 of this chapter;
(2) established a broadband adoption procedure that complies with section 8 of this chapter; and
(3) complied with any other requirements of the office of community and rural affairs.
Indiana
2017
Ind. Code 6-1.1-12.5
Infrastructure development zones
Category: Funding and financing
Topic: Tax Incentives
Allows local governments to adopt an ordinance designating an area as an infrastructure development zone after finding that adequate infrastructure-—including broadband facilities and providing a property tax exemption—will result in more investment in the eligible infrastructure and help develop the area’s economy. If the zone is established, eligible infrastructure in the zone is exempt from property taxation.
State Code
A county executive, a municipal legislative body, or, in Marion County, the county fiscal body, may adopt an ordinance designating a geographic territory as an infrastructure development zone after: (1) conducting a public hearing on the proposed ordinance; (2) publishing notice of the public hearing in the manner prescribed by IC 5-3-1; and (3) making the following findings: (A) Adequate eligible infrastructure is not available in the zone. (B) Providing a property tax exemption to a person for investing in eligible infrastructure in the zone will provide: (i) opportunities for increased natural gas usage, increased availability of broadband service, advanced services, and public water or wastewater service; and (ii) economic development benefits; in the zone.
Indiana
2020
Ind. Code 8-1-17-1 et seq.
Chapter 17. Telephones─Rural Telephone Cooperative Act
Category: Competition and regulation
Topic: Cooperatives (Telephone)
Authorizes the formation of nonprofit cooperative corporations to provide telecommunications and information services, including video, broadband, and VOIP.
State Code
Sec. 1. This chapter may be known and referred to as the "Rural Communications Cooperative Act".
Sec. 2. Any number of natural persons not less than eleven (11) may, by executing, filing, and recording articles of incorporation as provided in this chapter, form a cooperative corporation, not organized for pecuniary profit, for the purpose of:
(1) if the corporation is local in its scope, promoting and encouraging the fullest possible use of communications service in Indiana by making communications service and educational services incident to communications service available to inhabitants of rural areas of Indiana at the lowest cost consistent with sound economy and prudent management of the business of the cooperative corporation; or
(2) if the corporation is general in its scope, furnishing engineering, financial, accounting, and/or educational services, incident to communications service.
Sec. 2.1. (a) If the requirements of subsection (b) are met, a local cooperative telephone corporation formed under Acts 1935, c.157 is considered to be a communications cooperative corporation formed under this chapter and is subject to its requirements and not the requirements of IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17.
(b) A local cooperative telephone corporation described in subsection (a) shall amend its articles of incorporation in accordance with IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17 to conform to the requirements of this chapter and shall submit a copy of its amended articles to the commission for approval. After examining the articles, the commission shall approve the amended articles if they conform to the requirements of this chapter. The commission may approve the amended articles without conducting a hearing. The secretary of state may not issue a certificate of amendment before the commission approves the amended articles under this subsection.
(c) The certificate of public convenience and necessity or certificate of territorial authority previously issued to a local cooperative telephone corporation described in subsection (a) shall serve as the certificate required under section 6 of this chapter (before its repeal July 1, 2009).
(d) Subsection (a) applies to a local telephone cooperative corporation as of the date the secretary of state issues a certificate of amendment under IC 23-7-1.1-26(before its repeal August 1, 1991) or IC 23-17-17.
(e) The local cooperative telephone corporation shall record the amended articles of incorporation in the county where the local cooperative telephone corporation has its principal office.
Sec. 2.2. (a) A telephone cooperative corporation formed under this chapter before July 1, 2020, is, after June 30, 2020:
(1) considered to be a communications cooperative corporation; and
(2) subject to this chapter;
as if the telephone cooperative corporation were formed under this chapter after June 30, 2020.
(b) After June 30, 2020, a reference in a statute, rule, or other document to a telephone cooperative corporation formed under this chapter is considered a reference to a communications cooperative corporation formed under this chapter.
Sec. 3. As used in this chapter, the following terms have the following meanings unless a different meaning clearly appears from the context:
(1) "Acquire" means to obtain by construction, purchase, lease, devise, gift, eminent domain, or by any other lawful means.
(2) "Board" means the board of directors of a cooperative corporation.
(3) "Communications facilities" includes all buildings, plants, works, structures, improvements, fixtures, apparatus, materials, supplies, machinery, tools, implements, poles, posts, crossarms, conduits, ducts, underground or overhead lines, wires, cables, fibers, exchanges, switches, desks, testboards, frames, racks, motors, generators, batteries, and other items of central office equipment, paystations, protectors, instruments, connections, and appliances, office furniture and equipment, work equipment, and all other property used in connection with the provision of communications services.
(4) "Communications service":
(A) has the meaning set forth in IC 8-1-32.5-3; and
(B) includes all facilities or systems used in the rendition of the service.
(5) "Cooperative corporation" means a corporation formed under this chapter.
(6) "Facilities based local exchange carrier" has the meaning set forth in IC 8-1-32.4-5.
(7) "General cooperative corporation" means a cooperative corporation formed to render services to local cooperative corporations.
(8) "Improve" includes construct, reconstruct, extend, enlarge, alter, better, or repair.
(9) "Local cooperative corporation" means a cooperative corporation formed to render communications services within Indiana.
(10) "Local exchange service" has the meaning set forth in IC 8-1-32.4-8.
(11) "Member" includes each individual signing the articles of incorporation of a cooperative corporation and each person admitted to membership of the cooperative corporation under law and the corporation's bylaws.
(12) "Obligations" includes negotiable bonds, notes, debentures, interim certificates or receipts, and other evidences of indebtedness, either issued or the payment of which is assumed by a cooperative corporation.
(13) "Person" or "inhabitant" includes an individual, a firm, an association, a corporation, a limited liability company, a business trust, and a partnership.
(14) "Service" or "services", when not accompanied by the word "communications", means construction, engineering, financial, accounting, or educational services incidental to communications service.
(15) "System" includes any plant, works, system, facilities, or properties, together with all parts of and appurtenances to the plant, works, system, facilities, or properties, used or useful in communications service.
Sec. 5. (a) The individuals executing the articles of incorporation of a local cooperative corporation shall be residents of the area in which the operations of the cooperative corporation are to be conducted and shall be persons desirous of using communications service to be furnished by the cooperative corporation.
(b) The individuals executing the articles of incorporation of a general cooperative corporation shall be members or prospective members of one (1) or more local cooperative corporations which are prospective members of such general cooperative corporation.
(c) The articles shall be executed in at least six (6) originals and shall be acknowledged by the subscribers before an officer authorized by law to take acknowledgments of deeds. When so acknowledged, three (3) originals of said articles shall be submitted to the commission. At the time the articles of incorporation are filed, an application for a certificate of territorial authority under IC 8-1-32.5 shall be filed with the commission if the applicant will operate as a local cooperative corporation. The application shall be executed by one (1) or more of the individuals executing the articles and shall comply with the requirements of IC 8-1-32.5-6, as applicable.
(d) Upon the receipt of any articles of incorporation and application for a certificate of territorial authority, the commission shall conduct the review required under IC 8-1-32.5-8. If the applicant is a local cooperative corporation and is applying for a certificate of territorial authority to provide local exchange service, the commission shall give written notice, by United States registered mail, of the filing of the application to each facilities based local exchange carrier operating in territory contiguous to the area in which the cooperative corporation proposes to render communications service. The commission shall use the record maintained by the commission under IC 8-1-32.5-13 to determine which facilities based local exchange carriers are entitled to notice under this subsection.
(e) If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the applicant meets the requirements for the issuance of a certificate of territorial authority under IC 8-1-32.5-8, the commission shall:
(1) issue a certificate of territorial authority under IC 8-1-32.5; and
(2) enter an order approving the organization of the cooperative corporation and the proposed articles of incorporation.
(f) If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the applicant does not meet the requirements for the issuance of a certificate of territorial authority under IC 8-1-32.5-8, the commission shall:
(1) request the applicant to provide additional information; or
(2) notify the applicant of the applicant's right to:
(A) appeal the commission's determination under IC 8-1-3; or
(B) file another application at a later date, without prejudice;
under IC 8-1-32.5-8.
(g) If the commission approves the articles of incorporation under subsection (e), the cooperative corporation shall submit the following documents, along with two (2) copies of each, to the secretary of state for filing:
(1) One (1) of the original articles of incorporation executed by the corporation under subsection (c).
(2) A certified copy of the order of the commission under subsection (e)(2).
(3) A certified copy of the certificate of territorial authority issued by the commission under subsection (e)(1).
If the secretary of state determines that the documents described in subdivisions (1) through (3) comply with law, the secretary of state shall endorse the documents and file one (1) set of the documents in the secretary of state's office and deliver the other two (2) sets, endorsed with the secretary of state's approval, to the incorporators. The incorporators shall record one (1) of the approved original or certified copies of the documents in the office of the recorder of the county in which the cooperative corporation has, or will have, its principal office.
(h) As soon as the provisions of this section have been complied with, the proposed cooperative corporation, described in the articles of incorporation recorded under subsection (g), under its designated name, is a body corporate.
Sec. 10. (a) The corporate purpose of each local cooperative corporation shall be to render communications service to its members and to such other persons in the specific instances as expressly provided in this chapter, and no person shall become or remain a member unless such person shall use communications service supplied by such cooperative corporation and shall have complied with the terms and conditions in respect to membership contained in the bylaws of such cooperative corporation.
(b) A local cooperative corporation is one formed under this chapter for the purpose of furnishing communications service to its patrons.
Sec. 11. Any cooperative corporation to be formed under this chapter shall be either a general cooperative corporation or a local cooperative corporation.
(a) A general cooperative corporation is one formed under this chapter for the purpose of furnishing engineering, financial accounting, or educational services to its members or to persons expecting to form a local cooperative corporation, and having for its members only its incorporators or local cooperative corporations. It shall not render communications service and the commission shall not allocate to it any territory for such purpose.
(b) A general cooperative corporation may be formed to have as members, and serve, local cooperative corporations in all, or certain named, counties of this state, not including any county previously named as part of the territory to be served by another general cooperative corporation then organized and existing, unless such other general cooperative corporation duly consents in writing, filed with the commission, to such inclusion.
(c) A general cooperative corporation, before obtaining the approval of its articles of incorporation, must prove to the commission that it has written consent to its incorporation signed by or on behalf of:
(1) the local cooperative corporations then existing and contemplated to be members of the general cooperative corporation; and
(2) the incorporated agricultural association or associations, including in its or their members at least one-third (1/3) of the members residing in the territory in which the general cooperative proposes to operate and reasonably anticipated to become members of local cooperative corporations which will become members of such general cooperative corporation.
Such signatures of said local cooperative corporations and of such agricultural associations shall be made by their respective presidents or vice presidents, and secretaries or assistant secretaries, and shall be supported by certified copies of resolutions authorizing the same and duly adopted by their boards of directors, respectively.
Sec. 13. A cooperative corporation may do any and all acts or things necessary or convenient for carrying out the purpose for which it was formed, including the following:
(1) To sue and be sued.
(2) To have a seal and alter the same at pleasure.
(3) To acquire, hold, and dispose of property, real and personal, tangible and intangible, or any interest in the property and to pay in cash or credit, and to secure and procure payment of all or any part of the purchase price on the terms and conditions as the board shall determine.
(4) If it is a local cooperative corporation, to furnish, improve, and expand communications service to its members, to governmental agencies and political subdivisions, and to other persons.
(5) If it is a local cooperative corporation, to construct, purchase, lease as lessee, or otherwise acquire, and to improve, expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber communications facilities or systems, lands, buildings, structures, plants and equipment, exchanges, and any other real or personal property, tangible or intangible which is necessary or appropriate to accomplish the purpose for which the local cooperative corporation is organized.
(6) To cease doing business and to dissolve and surrender its corporate franchise.
(7) If it is a local cooperative corporation, to construct, operate, and maintain its communications facilities across or along any street or public highway, or over lands that are the property of this state or a political subdivision of the state. Before communications facilities are constructed across or along a highway in the state highway system, the local cooperative corporation shall first obtain the permit of the Indiana department of transportation to do so, and the location and setting of the communications facilities shall be approved by and subject to the supervision of the Indiana department of transportation. Before communications facilities are constructed on or across land belonging to the state, the local cooperative corporation shall first obtain the permit of the department of state having charge of the lands to do so, and the location and setting of the communications facilities shall be approved by and subject to the supervision of the department. The communications facilities shall be erected and maintained so as not to interfere with the use and maintenance of the streets, highways, and lands, and no pole or appliance shall be located so as to interfere with the ingress or egress from any premises on the street or highway. Nothing in this section contained shall deprive the body having charge of the street or highway of the right to require the relocation of any pole or appliance which may affect the proper use of the street or highway for public travel, for drainage, or for the repair, construction, or reconstruction of the street or highway. The local cooperative corporation shall restore the street, highway, or lands to their former condition or state as near as may be and shall not use the same in a manner to impair unnecessarily their usefulness or to injure the property of others.
(8) To accept gifts or grants of property, real or personal, from any person, municipality, or federal agency and to accept voluntary and uncompensated services.
(9) If it is a local cooperative corporation, to connect and interconnect its communications facilities or systems with other communications facilities or systems. A connection or interconnection shall be in a manner and according to specifications as will avoid interference with or hazards to existing communications facilities or systems.
(10) To issue membership certificates.
(11) To borrow money and otherwise contract indebtedness, and to issue or guarantee notes, bonds, and other evidences of indebtedness and to secure the payment thereof by mortgage, pledge, or deed of trust of, or any other encumbrance upon, any or all of its then owned or after-acquired real or personal property, assets, franchises, or revenues.
(12) To make any and all contracts necessary or convenient for the full exercise of the powers in this chapter granted, including, without limiting the generality of the foregoing, contracts with any person, federal agency, municipality, or other corporation for the interconnection of communications service; for the management and conduct of the business of the cooperative corporation; and for the fixing of the rates, fees, or charges for service rendered or to be rendered by the local cooperative corporation.
(13) To levy and collect reasonable fees, rents, tolls, and other charges for communications service rendered.
(14) If it is a local cooperative corporation, to exercise the right of eminent domain in the manner provided by law for the exercise thereof by communications service providers (as defined in IC 8-1-2.6-13(b)).
(15) To adopt, amend, and repeal bylaws.
(16) If it is a local cooperative corporation, to become a member of a general cooperative corporation and if it is a general cooperative corporation, to have local cooperative corporations as its members.
(17) To recover, after a period of two (2) years, any unclaimed stocks, dividends, capital credits, patronage refunds, utility deposits, membership fees, account balances, or book equities for which the owner cannot be found and are the result of distributable savings of the corporation returned to the members on a pro rata basis pursuant to section 20 of this chapter.
Sec. 20. (a) A local cooperative corporation shall be required to furnish reasonably adequate communications services and facilities. The charge made by any local cooperative corporation for any service rendered or to be rendered, either directly or in connection with the service, shall be nondiscriminatory, reasonable, and just, and every discriminatory, unjust, or unreasonable charge for communications service is prohibited and declared unlawful. Reasonable and just charges for communications service within the meaning of this section are those charges that produce sufficient revenue to pay all legal and other necessary expense incident to the operation of the local cooperative corporation's system, including maintenance costs, operating charges, upkeep, repairs, interest charges on bonds or other obligations, to provide a sinking fund for the liquidation of bonds or other evidences of indebtedness, to provide adequate funds to be used as working capital, as well as funds for making extensions and replacements, and also for the payment of any taxes that may be assessed against the cooperative corporation or its property. Charges described in this section must produce an income sufficient to maintain the local cooperative corporation's property in sound physical and financial condition to render adequate and efficient service. Any rate too low to meet the foregoing requirements is unlawful. Revenues and receipts not needed for the purposes described in this section, or not needed in reserves for those purposes, shall be returned to the patrons on a pro rata basis according to the amounts paid by them for communications service. Amounts returned under this section shall be either in cash or in abatement of current charges for communications service, as the board may decide.
(b) As used in subsection (d), "financial assistance" means:
(1) a loan or loan guarantee; or
(2) a lien accommodation provided to secure a loan made by another lender;
including loans made by the Rural Electrification Administration of the United States Department of Agriculture (REA) or by the Rural Telephone Bank.
(c) As used in subsections (d) and (e), "REA borrower" means a corporation created under this chapter that is the recipient of financial assistance.
(d) In determining rates under this section, an REA borrower must charge rates sufficient to enable the REA borrower to:
(1) satisfy its reasonable expenses and obligations; and
(2) repay the full amount of any financial assistance and the interest thereon.
(e) So long as there remains any unpaid portion of any financial assistance associated with the property of an REA borrower, the rates of the REA borrower shall be set at a level sufficient to repay the financial assistance, regardless of the full or partial retirement of the property or any other change in the status of the property.
Sec. 23. (a) A cooperative corporation may amend its articles of incorporation to change its corporate name, to increase or reduce the number of its directors, or to change any other provisions set forth in the articles. However, any change of location of the principal office shall be effected in the manner set forth in section 24 of this chapter. An amendment under this section may be accomplished by filing articles of amendment, along with any notice of change required under IC 8-1-32.5-12, with the commission. The articles of amendment shall be entitled and endorsed "Articles of Amendment of ______________" (the blank space being filled in with the name of the cooperative corporation) and must include the following:
(1) The name of the cooperative corporation, and if it has been changed, the name under which it was originally incorporated.
(2) The date of filing the articles of incorporation in each public office where filed.
(3) Whether the statement of counties within which the corporation's operations are to be conducted is to be changed, and if so a new statement of the counties in which the corporation will operate.
(4) An affidavit, signed by the officer executing the articles of amendment, stating that the provisions of this section were complied with.
(b) The amended articles shall be subscribed in the name of the cooperative corporation by the appropriate officers of the cooperative corporation, who shall make and annex an affidavit stating that they have been authorized to execute and file the amended articles by a resolution duly adopted at a meeting of the cooperative corporation duly called and held as provided in section 9 of this chapter. If by any amendment to the articles of incorporation, the territory proposed to be served by the cooperative corporation is to be increased or decreased, the appropriate officers of the cooperative corporation shall submit to the commission:
(1) an application for a new certificate of territorial authority under IC 8-1-32.5-6; or
(2) a notice of change under IC 8-1-32.5-12(7), as allowed by the commission.
(c) Upon receipt of an application or a notice of change under subsection (b), the commission shall conduct the review required under IC 8-1-32.5-8. If the applicant is a local cooperative corporation and will provide local exchange service under the new certificate of territorial authority, the commission shall give written notice of the proposed change in the corporation's territory to each facilities based local exchange carrier operating in contiguous territory in the manner provided in section 5 of this chapter. If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the amended articles and the application or notice of change under IC 8-1-32.5 are accurate, complete, and properly verified, the commission shall:
(1) issue a new or amended certificate under IC 8-1-32.5 that reflects the increase or decrease in the territory served by the corporation; and
(2) enter an order approving the amended articles of the cooperative corporation.
(d) If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the amended articles or an application or notice of change under IC 8-1-32.5 is inaccurate, incomplete, or not properly verified, the commission shall:
(1) request the corporation to provide additional information; or
(2) notify the corporation of the corporation's right to:
(A) appeal the commission's determination under IC 8-1-3; or
(B) file the amended articles or an application or notice of change under IC 8-1-32.5 at a later date, without prejudice;
under IC 8-1-32.5-8.
(e) An amendment increasing or decreasing the territory to be served by a cooperative corporation shall not be filed in the office of the secretary of state or of any county recorder unless there is attached to the amendment a certified copy of an order of the commission under subsection (c)(2). The amended articles shall be filed in the same places as the original articles of incorporation and upon filing the amendment shall be considered to have been effected.
Sec. 25. (a) Any cooperative corporation may dissolve by filing in the office of the secretary of state articles of dissolution entitled and endorsed "Articles of Dissolution of __________" (the blank space being filled in with the name of the cooperative corporation). The articles of dissolution shall state the following:
(1) The name of the cooperative corporation, and if the cooperative corporation is a corporation resulting from a consolidation as provided in this chapter, the names of the original cooperative corporations.
(2) The date of filing of the articles of incorporation in the office of secretary of state and, if the cooperative corporation is a corporation resulting from a consolidation as provided in this chapter, the dates on which the articles of incorporation of the original cooperative corporations were filed in the office of secretary of state.
(3) That the cooperative corporation elects to dissolve.
(4) The name and post office address of each of its directors, and the name, title, and post office address of each of its officers.
The articles shall be subscribed and acknowledged by the appropriate officers of the cooperative corporation who shall make and annex an affidavit stating that they have been authorized to execute and file the articles by a resolution duly adopted by the members of the cooperative corporation at a meeting duly called and held as provided in section 9 of this chapter. Articles of dissolution or a certified copy or copies of the articles shall be filed in the same places as original articles of incorporation. If the dissolving corporation is a local cooperative corporation, any certificate of territorial authority issued under IC 8-1-32.5 shall be relinquished, and the appropriate officers of the corporation shall notify the commission of the relinquishment under IC 8-1-32.5-12(5).
(b) Upon the filings required by subsection (a), the cooperative corporation is dissolved. However, the cooperative corporation shall continue for the purpose of paying, satisfying, and discharging any existing liabilities or obligations and collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business affairs, and may sue and be sued in its corporate name. Any assets remaining after all liabilities and obligations of the cooperative corporation have been satisfied and discharged shall be refunded pro rata to the patrons, their assignees, personal representatives, heirs, or legatees, who have paid for communications service rendered by the cooperative corporation within the five (5) year period immediately preceding the dissolution. Any assets not refunded within the two (2) year period after the dissolution is completed shall pass to and become the property of the state.
Sec. 26. (a) Any foreign corporation organized as a nonprofit corporation for the purpose of making communications service available to the inhabitants of rural areas may be admitted to do business in Indiana and shall have the same powers, restrictions, and liabilities as a cooperative corporation organized under this chapter. Whenever a foreign corporation desires to be admitted to operate in Indiana, it shall file with the commission an application for a certificate of territorial authority under IC 8-1-32.5. The appropriate officers of the corporation shall attach to the application a copy of the articles of incorporation of the foreign corporation, and all amendments to the articles, duly authenticated by the proper officer of the state in which the corporation is incorporated. Upon receipt of the application and the articles of incorporation, the commission shall conduct the review required under IC 8-1-32.5-8. If the foreign corporation is applying for a certificate of territorial authority to provide local exchange service, the commission shall give written notice of the filing of the application to each facilities based local exchange carrier operating in contiguous territory in the manner provided in section 5 of this chapter.
(b) If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the foreign corporation meets the requirements for the issuance of a certificate of territorial authority under IC 8-1-32.5, the commission shall enter an order granting a certificate of territorial authority under IC 8-1-32.5 for the proposed operations of the foreign corporation in Indiana and shall attach a copy of the order, duly certified by the secretary of the commission, to each original application filed with the commission and deliver the applications and orders to the petitioner.
(c) If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the foreign corporation does not meet the requirements for the issuance of a certificate of territorial authority under IC 8-1-32.5, the commission shall:
(1) request the foreign corporation to provide additional information; or
(2) notify the foreign corporation of the foreign corporation's right to:
(A) appeal the commission's determination under IC 8-1-3; or
(B) file another application at a later date, without prejudice;
under IC 8-1-32.5-8.
(d) If the commission issues a certificate of territorial authority under subsection (b), the foreign corporation shall present to the secretary of state all sets of authenticated copies of its articles of incorporation, the original applications under IC 8-1-32.5, and the order of the commission under subsection (b), together with any application for admission to do business in Indiana that the secretary of state may require, and shall tender to the secretary of state six dollars and fifty cents ($6.50) to cover the secretary of state's fees under this subsection. If the secretary of state approves the documents submitted, the secretary of state shall endorse the secretary of state's approval upon each of the documents, file one (1) copy in the secretary of state's office, return the remaining copies to the foreign corporation, and issue to the foreign corporation a certificate of admission to do business in Indiana. Before the foreign corporation may do any business in Indiana, it shall file in the office of the recorder of each county in Indiana in which it will make communications service available one (1) set of the documents bearing the approval of the secretary of state under this subsection.
Indiana
2007
Ind. Code 8-1-2.6-1.1
Services not subject to commission jurisdiction
Category: Competition and regulation
Topic: Regulatory Authority
States that broadband service, however defined by the Federal Communications Commission, is exempt from the Indiana Utility Regulatory Commission’s jurisdiction.
State Code
The commission shall not exercise jurisdiction over: (1) advanced services (as defined in 47 CFR 51.5); (2) broadband service, however defined or classified by the Federal Communications Commission; (3) information service (as defined in 47 U.S.C. 153; (4) Internet Protocol enabled retail services: (A) regardless of how the service is classified by the Federal Communications Commission; and (B) except as expressly permitted under IC 8-1-2.8; (5) commercial mobile service (as defined in 47 U.S.C. 332); or (6) any service not commercially available on March 28, 2006.
Indiana
2018
Ind. Code 8-1-29.5-7
Factors commission may consider in imposing civil penalty; waiver of civil penalty; use of civil penalties collected
Category: Funding and financing
Topic: Financing - Other
Addresses factors that the Indiana Utility Regulatory Commission may consider when imposing a civil penalty on a provider or certificate holder. Civil penalties imposed for offenses that do not directly affect customers must be deposited into an account administered by the Indiana Economic Development Corporation to make grants and loans to broadband developers and operators.
State Code
(a) In imposing a civil penalty under section 6(b)(4) of this chapter, the commission may consider the following factors: (1) The duration and gravity of the offense, including the number of customers affected. (2) Economic benefits accrued by the provider or certificate holder as a result of the offense. (3) The amount of a civil penalty that will deter future offenses by the provider or certificate holder. (4) The market share of the provider or certificate holder in the affected service areas. (5) Good faith of the provider or certificate holder in attempting to remedy the offense after receiving notification of the offense. (b) If the commission waives a civil penalty for any offense described in section 6(b)(4) of this chapter, the commission must make a written finding as to why it is waiving the civil penalty. The commission may waive a civil penalty under section 6(b)(4) of this chapter if the commission finds that the offense is the result of any of the following: (1) Technological infeasibility. (2) An act of God. (3) A defect in, or prohibited use of, customer provided equipment. (4) A negligent act of a customer. (5) An emergency situation. (6) Unavoidable casualty. (c) The secretary of the commission shall direct a civil penalty imposed and collected under section 6(b)(4) of this chapter as follows: (1) A civil penalty imposed for an offense that directly affects retail customers must be refunded directly to the customers of the provider or certificate holder in the form of credits on customer bills. (2) A civil penalty imposed for an offense not described in subdivision (1) must be deposited into an account designated by the Indiana economic development corporation for use by the corporation in making loans or grants to broadband developers and operators.
Indiana
2017
Ind. Code 8-1-32.3
Permits for wireless service providers
Category: Infrastructure access
Topic: Small cell facilities
Addresses permits issued by local governments to communications service providers for constructing and co-locating wireless support structures. Prohibits a local authority from requiring a permit or charging fees for routine maintenance, replacing facilities with substantially similar facilities, or for the location of small wireless facilities. Allows the local authority to prohibit placement of new support structures in the right of way of underground districts zoned for residential land use before May 1, 2017. Prohibits the authority from charging application fees for a permit unless fees are charged for similar development and the fee is based on actual, direct, and reasonable costs incurred through the review process. Prohibits the permit authority from discriminating against communications service providers. Land use laws and zoning ordinances still apply, and this section does not exempt providers from complying with those ordinances. However, small cell facilities are exempt from local zoning requirements if the facility meets the provisions outlined in this chapter. Addresses what applications must include and reviews timelines. Sets the fee for a small cell installation at $100 per facility. Does not authorize the co-location on privately owned poles or wireless support structures, or private property without the consent of the owner. For poles and support structures owned by a public utility, requires the entity seeking to place small cell equipment to gain the necessary permission. Allows the public utility that owns the poles to deny, limit, or restrict placement and determine rates, fees, and conditions of use.
State Code
Sec. 26. (a) An application for a permit or approval for the construction, placement, or use of small cell facilities is subject to the following: (1) The placement of a small cell facility and the associated supporting structure in the public right-of-way is considered a permitted use and is exempt from local zoning review if the total height of the structure supporting the small cell facility does not exceed the greater of: (A) fifty (50) feet measured from grade; or (B) the height of any utility pole in place on July 1, 2017, and within five hundred (500) feet of the proposed small cell facility, plus ten (10) feet. (2) A permit authority shall allow an applicant to submit a single consolidated application for multiple small cell facilities that are located within the permit authority's jurisdiction and constitute a single small cell network. The permit authority shall issue a single permit for the small cell network rather than multiple permits for each small cell facility. (3) The total of any application fees allowed under this section may not exceed the lesser of: (A) the amount charged by the permit authority for an application for a building permit for any similar type of commercial: (i) construction; (ii) activity; or (iii) land use development; within the jurisdiction of the permit authority; or (B) one hundred dollars ($100) per small cell facility included in the application. (4) With respect to an application for the construction, placement, or use of a small cell facility and the associated supporting structure at a location where a supporting structure does not exist, a permit authority may propose, as an alternative location for the proposed small cell facility, that the small cell facility be collocated on an existing utility pole or on an existing wireless support structure, if the existing utility pole or the existing wireless support structure is located within fifty (50) feet of the location proposed in the application.
Indiana
2013
Ind. Code 8-1-32.5-16
Ineligibility of certain communications service providers for property tax exemptions
Category: Funding and financing
Topic: Tax Incentives
States that a communications service provider is not eligible for a property tax exemption under Ind. Code 6-1.1 for facilities and technologies used for the transmission and deployment of broadband service in an area where wireline broadband service is already provided.
State Code
A communications service provider, including a public utility that provides communications service, is not eligible for a property tax exemption under IC 6-1.1 for facilities and technologies used in the deployment and transmission of broadband service in an area where a communications service provider provides wireline broadband service.
Indiana
2006
Ind. Code 8-1-32.6
Access to real property by communications service providers
Category: Competition and regulation
Topic: Service Provision - Other
Prohibits communications service providers, including those offering broadband service, from entering into a contract or agreement that requires any person to restrict or limit the ability of another communications service provider to obtain easements or right of way or to access property. Further prohibits the offering of grants and incentives that require property owners to limit the ability of another communications service provider to obtain easements or right of way access or access to property. Prohibits the commission from requiring any communications service provider to provide service to occupants of multitenant real estate if the owner, operator, or developer of the real estate permits only one communications service provider access to install facilities during the development phase, accepts incentives or rewards that require excluding other communications service providers, or collects charges for the service. Prohibits owners, operators, and developers of multitenant real estate from preventing a communications service provider from installing on the property and from discriminating against communications service providers.
State Code
(a) After March 27, 2006, a communications service provider shall not enter into any contract, agreement, or other arrangement that does any of the following: (1) Requires any person to restrict or limit: (A) the ability of another communications service provider to obtain easements or rights-of-way for the installation of facilities or equipment used to provide communications service to Indiana customers; or (B) access to real property by another communications service provider. (2) Offers or grants incentives or rewards to an owner of real property if the incentives or rewards are contingent upon the property owner's agreement to restrict or limit: (A) the ability of another communications service provider to obtain easements or rights-of-way for the installation of facilities or equipment used to provide communications service on the property; or (B) access to the owner's real property by another communications service provider. A contract, an agreement, or any other arrangement that violates this section is void if the contract, agreement, or arrangement is entered into after March 27, 2006. However, a contract, an agreement, or any other arrangement that otherwise violates this section remains in effect until such time as it would normally terminate or expire if the contract, agreement, or arrangement is entered into before March 28, 2006. (b) This section does not prohibit a communications service provider and a subscriber from entering into any lawful contract, agreement, or other arrangement concerning the communications service offered by the communications service provider to the subscriber. (c) Upon: (1) a complaint filed by: (A) another communications service provider; (B) a subscriber or potential subscriber of communications service; (C) the utility consumer counselor; or (D) any class satisfying the standing requirements of IC 8-1-2-54; or (2) the commission's own motion; the commission may investigate whether a communications service provider has violated this section. If, after notice and an opportunity for hearing, the commission determines that the communications service provider has violated this section, the commission may issue an order imposing a civil penalty of not more than five hundred dollars ($500) for each violation. For purposes of this subsection, each day that a contract, an agreement, or an arrangement prohibited by this section remains in effect constitutes a separate violation. (d) The attorney general may bring an action in the name of the state to enforce an order of the commission under subsection (c), including the collection of an unpaid civil penalty imposed by the commission. (e) Civil penalties collected under this section shall be deposited in the state general fund. (f) A determination by the commission under this section is subject to appeal under IC 8-1-3.
Indiana
no date
Ind. Code 8-14-14.3
Next Level Connections Fund
Category: Funding and financing
Topic: Fund - Broadband
Creates the Next Level Connections Fund, of which up to $100 million can be used for the rural broadband fund.
State Code
(b) The department may transfer up to one hundred million dollars ($100,000,000) from the next level connections fund to the rural broadband fund established under IC 4-4-38.5-11 for the purpose of awarding broadband grants for rural areas.
Indiana
2019
Ind. Code 8-23-2-20
Communications infrastructure located before May 1, 2019, in department's rights-of-way; access rate or recurring charge prohibited
Category: Infrastructure access
Topic: Rights-of-way (Other)
Prohibits the Department of Transportation from charging recurring fees (except routine permit fees or as provided in existing agreements) for any communications infrastructure that was in the right-of-way before May 1, 2019.
State Code
(b) Except: (1) for routine right-of-way permit fees to enter the department's rights-of-way for the maintenance of existing facilities; and (2) as provided for in written agreements the department has entered into with service providers before May 1, 2019; the department shall not charge an access rate or any other recurring charge or recurring fee for communications infrastructure that is located before May 1, 2019, in any rights-of-way that are owned or controlled by the department.
Indiana
2019
Ind. Code 8-23-5-10
Definitions; broadband corridor program authorized; communications infrastructure along or within limited access highway rights-of-way; fee authorized; fair market value; state routes or U.S. routes; limitations on fees; unreasonable discrimination among entities prohibited
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows the Department of Transportation to create a broadband corridor program to manage the location, installation, and maintenance of communications infrastructure (not including poles) along highways and limits the fees that the department can charge for permitting and accessing the right-of-way.
State Code
(b) The department may create a broadband corridor program to manage the location, installation, and maintenance of communications infrastructure used for the provision of broadband services within highway rights-of-way of limited access highways. (c) The broadband corridor program shall apply only to locations along or within a limited access highway right-of-way. The broadband corridor program shall not apply to the placement of communications infrastructure that laterally crosses a roadway under the control of the department. (d) Except as provided in subsection (e), the department mayimpose a fee for communications infrastructure under subsection (b). The amount of the fee may not be more than the reasonable fair market value of the use of the highway right-of-way within the broadband corridor. (e) Except for portions of a U.S. route that is a limited access highway under subsection (a)(2), with respect to state routes or U.S. routes, the department may impose only: (1) a one (1) time permit application fee for the location or installation of communications infrastructure used for the provision of broadband services placed along or within a highway right-of-way; and (2) routine right-of-way permit fees to enter the department's rights-of-way for the maintenance of existing facilities.
Iowa
no date
Iowa Code 12.87
General and specific bonding powers—revenue bonds—Iowa jobs program
Category: Funding and financing
Topic: Financing - Other
Authorizes the state treasurer to issue and sell bonds on behalf of the state to provide funds for infrastructure projects, including public broadband and the Iowa jobs program.
State Code
1.a. The treasurer of state is authorized to issue and sell bonds on behalf of the state to provide funds for certain infrastructure projects and for purposes of the Iowa jobs program established in section 16.194. The treasurer of state shall have all of the powers which are necessary or convenient to issue, sell, and secure bonds and carry out the treasurer of state’s duties, and exercise the treasurer of state’s authority under this section and sections 12.88 through 12.90. The treasurer of state may issue and sell bonds in such amounts as the treasurer of state determines to be necessary to provide sufficient funds for certain infrastructure projects and the revenue bonds capitals fund, the revenue bonds capitals II fund, the payment of interest on the bonds, the establishment of reserves to secure the bonds, the payment of costs of issuance of the bonds, the payment of other expenditures of the treasurer of state incident to and necessary or convenient to carry out the issuance and sale of the bonds, and the payment of all other expenditures of the treasurer of state necessary or convenient to administer the funds and to carry out the purposes for which the bonds are issued and sold. The treasurer of state may issue and sell bonds as provided in paragraph “b” in one or more series on the terms and conditions the treasurer of state determines to be in the best interest of the state, in accordance with this section in such amounts as the treasurer of state determines to be necessary to fund the purposes for which such bonds are issued and sold. b. The treasurer of state may issue and sell bonds in amounts which provide aggregate net proceeds of not more than six hundred ninety-five million dollars, excluding any bonds issued and sold to refund outstanding bonds issued under this section, as follows: (1) On or after July 1, 2009, the treasurer of state may issue and sell bonds in amounts which provide aggregate net proceeds of not more than one hundred eighty-five million dollars for capital projects which qualify as vertical infrastructure projects as defined in section 8.57, subsection 5, paragraph “c”, to the extent practicable in any fiscal year and without limiting other qualifying capital expenditures. (2) On or after July 1, 2009, the treasurer of state may issue and sell bonds in amounts which provide aggregate net proceeds of not more than three hundred sixty million dollars for purposes of the Iowa jobs program established in section 16.194 and for watershed flood rebuilding and prevention projects, soil conservation projects, sewer infrastructure projects, for certain housing and public service shelter projects and public broadband and alternative energy projects, and for projects relating to bridge safety and the rehabilitation of deficient bridges.
Iowa
2004
Iowa Code 388.10
Municipal utility providing telecommunications services
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits municipal utilities and cities operating municipal utilities that provide telecommunications services, including internet access, from using general fund money to support or subsidize the telecommunications system, deliver any city service to a telecommunications customer at a cost below what the customer would pay without the telecommunications service, or cross-subsidize telecommunications service. Addresses record-keeping and rate requirements. This section does not apply to services provided directly by a municipal airport.
State Code
1.a. A city that owns or operates a municipal utility providing telecommunications services or such a municipal utility shall not do, directly or indirectly, any of the following: (1) Use general fund moneys for the ongoing support or subsidy of a telecommunications system. (2) Provide any city facilities, equipment, or services to provide telecommunications systems or services at a cost for such facilities, equipment, or services which is less than the reasonable cost of providing such city facilities, equipment, or services. (3) Provide any other city service, other than a communications service, to a telecommunications customer at a cost which is less than would be paid by the same person receiving such other city service if the person was not a telecommunications customer. (4) Use funds or revenue generated from electric, gas, water, sewage, or garbage services provided by the city for the ongoing support of any city telecommunications system. b. For purposes of this section: (1) “Telecommunications system” means a system that provides telecommunications services. (2) “Telecommunications services” means the retail provision of any of the following services: (a) Local exchange telephone services. (b) Long distance telephone services. (c) Internet access services. (d) Cable television services. 2. A city that owns or operates a municipal utility providing telecommunications services or such a municipal utility shall do the following: a. Prepare and maintain records which record the full cost accounting of providing telecommunications services. The records shall show the amount and source of capital for initial construction or acquisition of the telecommunications system or facilities. The records shall be public records subject to the requirements of chapter 22. Information in the records that is not subject to examination or copying as provided in section 388.9, subsection 2, may be expunged from the records prior to public disclosure. This section shall not prohibit a municipal utility from utilizing capital from any lawful source, provided that the reasonable cost of such capital is accounted for as a cost of providing the service. In accounting for the cost of use of any city employees, facilities, equipment, or services, a city or municipal utility may make a reasonable allocation of the cost of use of any city employees, facilities, equipment, or services used by the municipal utility based upon reasonable criteria for the distribution of the cost of use in any manner which is not inconsistent with generally accepted accounting principles. b. Adopt rates for the provision of telecommunications services that reflect the actual cost of providing the telecommunications services. However, this paragraph shall not prohibit the municipal utility from establishing market-based prices for competitive telecommunications services. c. Be subject to all requirements of the city which would apply to any other provider of telecommunications services in the same manner as such requirements would apply to such other provider. For purposes of cable television services, a city that is in compliance with section 364.3, subsection 7, shall be considered in compliance with this paragraph. d. Make an annual certification of compliance with this section. For any year in which the city or municipal utility is not audited in accordance with section 11.6, the city or municipal utility shall contract with or employ the auditor of state or a certified public accountant certified in the state of Iowa to attest to the certification. The attestation report shall be a public record for purposes of chapter 22. 3. This section shall not prohibit the marketing or bundling of other products or services, in addition to telecommunications services. However, a city shall include on a billing statement sent to a person receiving services from the city, a separate charge for each service provided to the person. This subsection does not prohibit the city from also including on the billing statement a total amount to be paid by the person. 4. This section shall not apply to telecommunications services provided directly by a municipal airport.
Iowa
no date
Iowa Code 427.1-40
Exemptions
Category: Funding and financing
Topic: Tax Incentives
If installation of broadband infrastructure (meaning it facilitates broadband service at or above FCC-defined broadband speeds) in a targeted service area began after July 1, 2015, and is completed before July 1, 2025, its owners are entitled to a 100 percent tax exemption for 10 years on the actual value added by the installed broadband infrastructure. The claimant is required to register with the local assessor prior to beginning the broadband installation and must specify the number of homes, farms, schools, and businesses that were offered service prior to installation and that will be offered service after installation and the speeds that will be available as a result of the installation. Outlines minimum application requirements.
State Code
a. The owner of broadband infrastructure shall be entitled to an exemption from taxation to the extent provided in this subsection for assessment years beginning before January 1, 2027. Unless the context otherwise requires, the words and phrases used in this subsection shall have the same meaning as the words and phrases used in chapter 8B, including but not limited to the words and phrases defined in section 8B.1. b. The exemption shall apply to the installation of broadband infrastructure that facilitates broadband service at or above the download and upload speeds specified in the definition of targeted service area in section 8B.1 commenced and completed on or after July 1, 2015, and before July 1, 2025 in a targeted service area, and used to deliver internet services to the public.
Iowa
2013
Iowa Code 8B.1
Definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband as a high-speed, high-capacity electronic transmission medium that can carry data signals independent from network source and is generally used to deliver internet services to the public. Definitions includes wireless and mobile wireless technologies.
State Code
1. “Broadband” means a high-speed, high-capacity electronic transmission medium, including fixed wireless and mobile wireless mediums, that can carry data signals from independent network sources by establishing different bandwidth channels and that is commonly used to deliver internet services to the public.
Iowa
2013
Iowa Code 8B.1
Definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband infrastructure as the physical infrastructure used for the transmission of data that provides broadband services, not including land, buildings, structure, or equipment.
State Code
2. “Broadband infrastructure” means the physical infrastructure used for the transmission of data that provides broadband services. “Broadband infrastructure” does not include land, buildings, structures, improvements, or equipment not directly used in the transmission of data via broadband.
Iowa
2020
Iowa Code 8B.1
Definitions (Definition - Underserved)
Category: Definitions
Topic: Definition - Underserved
Defines “underserved” as an area with no broadband providers (as defined by the FCC definition).
State Code
14. “Underserved area” means any portion of a targeted service area within which no communications service provider offers or facilitates broadband service meeting the download and upload speeds specified in the definition of targeted service area in this section.
Iowa
2020
Iowa Code 8B.1
Definitions (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines “targeted service area” as a census block where no provider is offering speeds that exceed the FCC’s definition of broadband.
State Code
13. “Targeted service area” means a United States census bureau census block located in this state, including any crop operation located within the census block, within which no communications service provider offers or facilitates broadband service at or above the download and upload speeds identified by the federal communications commission pursuant to section 706 of the federal Telecommunications Act of 1996, as amended.
Iowa
2015
Iowa Code 8B.10
Targeted service areas determination criteria
Category: Funding and financing
Topic: Fund - Broadband
Establishes that the Office of the Chief Information Officer will use publicly available broadband maps and data to determine if service providers are delivering specified speeds for the service area. States that the office shall establish a process to challenge its findings on service provision.
State Code
1. The determination of whether a communications service provider offers or facilitates broadband service meeting the download or upload speeds specified in the definition of targeted service area in section 8B.1 shall be determined or ascertained by reference to broadband availability maps or data sources that are widely accepted for accuracy and available for public review and comment and that are identified by the office by rule. 2. The office shall establish procedures to allow challenges to the office’s finding on whether an area meets the definition of targeted service area.
Iowa
2015
Iowa Code 8B.11
Connecting Iowa farms, schools, and communities broadband grants fund
Category: Funding and financing
Topic: Fund - Broadband
Establishes the Connecting Iowa Farms, Schools, and Communities Broadband Grant Fund in the state Treasury, administered by the Office of the Chief Information Officer. The grant program will make awards to deploy broadband infrastructure in targeted service areas at speeds meeting the FCC’s definition of broadband. Grants are to be awarded on a competitive basis, which considers the need for service, the percentage of homes, schools, and businesses that will receive service, the economic impacts of the project, and the project budget. There will be an opportunity for public comment to validate whether proposed grant areas are unserved or not. Grants will not be awarded after July 1, 2020.
State Code
1. The office shall administer a broadband grant program designed to reduce or eliminate unserved and underserved areas in the state, leveraging federal funds and public and private partnerships where possible, by awarding grants to communications service providers that reduce or eliminate targeted service areas by installing broadband infrastructure that facilitates broadband service in targeted service areas at or above the download and upload speeds specified in the definition of targeted service area in section 8B.1, in accordance with this section.
Iowa
2015
Iowa Code 8B.25
Fiberoptic network conduit installation program
Category: Infrastructure access
Topic: Rights-of-way (Dig once)
Directs the Office of the Chief Information Officer to lead and coordinate a program to provide for the installation of fiber conduit where private or publicly owned conduit does not exist within 500 feet of a road. Directs the office to coordinate with applicable agencies and entities to ensure that the opportunity to install conduit is available when a state-funded road construction project takes place. Allows the department to contract with a third party to manage, lease, or install the conduit.
State Code
1. For purposes of this section: a. “Fiberoptic network conduit” means a pipe, vault, or duct used to enclose fiberoptic cable facilities buried alongside a roadway or surface mounted on a bridge, overpass, or other facility where placement below ground is impossible or impractical. “Fiberoptic network conduit” does not include electronics or cable. b. “Public funding” does not include a tax exemption authorized under section 427.1, subsection 40. c. “Where such conduit does not exist” means that private or publicly owned fiberoptic cable is not currently within a linear range of five hundred feet or less in any one direction. 2. The office shall lead and coordinate a program to provide for the installation of fiberoptic network conduit where such conduit does not exist. The chief information officer shall consult and coordinate with applicable agencies and entities as determined appropriate to ensure that the opportunity is provided to lay or install fiberoptic network conduit wherever a state-funded construction project involves trenching, boring, a bridge, a roadway, or opening of the ground, or alongside any state-owned infrastructure. 3. Contingent upon the provision of funding for such purposes by the general assembly, the office may contract with a nongovernmental third party to manage, lease, install, or otherwise provide fiberoptic network conduit access for projects described in this section. This section does not require coordination with or approval from the office pursuant to this program or installation of fiberoptic conduit as required by this section for construction projects not using public funding.
Iowa
2015
Iowa Code 8B.26
Broadband permitting process expeditious response
Category: Infrastructure access
Topic: Permitting
Requires local jurisdictions to approve nonwireless broadband related permits within six business days following submission. If the action on the application is not taken in this period, it is deemed approved.
State Code
Notwithstanding any other provision to the contrary and in compliance with applicable federal laws and regulations, a political subdivision vested with permitting authority shall approve, approve with modification, or disapprove nonwireless, broadband-related permits within sixty business days following the submission of the necessary application requirements. In the event that no action is taken during the sixty-day period, the application shall be deemed approved.
Iowa
2015
Iowa Code 8B.3
Office purpose mission
Category: Broadband programs
Topic: Agency
Creates the Office of the Chief Information Officer and defines the purpose of the office as directing and managing the state government’s information technology resources and coordinating statewide broadband availability and access.
State Code
1. The office is created for the purpose of leading, directing, managing, coordinating, and providing accountability for the information technology resources of state government and for coordinating statewide broadband availability and access. 2. The mission of the office is to provide high-quality, customer-focused information technology services and business solutions to government and to citizens.
Iowa
2015
Iowa Code 8B.4
Powers and duties of the chief information officer
Category: Broadband programs
Topic: Agency
Defines the powers and duties of the chief information officer to include streamlining and coordinating access to and availability of broadband infrastructure through the state, administering the broadband grant program, and coordinating the fiber optic network conduit installation program.
State Code
The chief information officer shall do all of the following: 1. Direct the internal operations of the office and develop and implement policies, procedures, and internal organization measures designed to ensure the efficient administration of the office. 2. Appoint all information technology staff deemed necessary for the administration of the office’s functions as provided in this chapter. For employees of the office, employment shall be consistent with chapter 8A, subchapter IV. 3. Manage, in consultation with the applicable participating agency, the information technology staff of participating agencies, to include directing the work of information technology staff, assigning information technology staff as required to support information technology requirements and initiatives of the office, and to review and recommend approval of information technology staff employment decisions in coordination with the department of management. 4. Prepare an annual budget for the office. Adopt rules for the approval of information technology budgets for participating agencies in conjunction with the department of management. 5. Adopt rules deemed necessary for the administration of this chapter in accordance with chapter 17A. 6. Prescribe and adopt information technology standards and rules. 7. Develop and recommend legislative proposals deemed necessary for the continued efficiency of the office in performing information technology functions, and review legislative proposals generated outside of the office which are related to matters within the office’s purview. 8. Provide advice to the governor on issues related to information technology. 9. Consult with agencies and other governmental entities on issues relating to information technology. 10. Work with all governmental entities in an effort to achieve the information technology goals established by the office. 11. Develop systems and methodologies to review, evaluate, and prioritize information technology projects. 12. Administer all accounting, billing, and collection functions required by the department of administrative services pursuant to policies adopted by the chief information officer after consultation and in cooperation with the director of the department of administrative services. 13. Utilize, in a manner determined by the chief information officer, such assistance and administrative support services as provided by the department of administrative services as the office determines to maximize the efficiency and effectiveness of the office. 14. Enter into contracts for the receipt and provision of services as deemed necessary. The chief information officer and the governor may obtain and accept grants and receipts to or for the state to be used for the administration of the office’s functions as provided in this chapter. 15. Streamline, consolidate, and coordinate the access to and availability of broadband and broadband infrastructure throughout the state, including but not limited to the facilitation of public-private partnerships, ensuring that all state agencies’ broadband and broadband infrastructure policies and procedures are aligned, resolving issues which arise with regard to implementation efforts, and collecting data and developing metrics or standards against which the data may be measured and evaluated regarding broadband infrastructure installation and deployment. 16. Administer the broadband grant program pursuant to section 8B.11. 17. Coordinate the fiberoptic network conduit installation program established in section 8B.25. 18. Exercise and perform such other powers and duties as may be prescribed by law.
Iowa
2015
Iowa Code 8B.9
Reports required
Category: Broadband programs
Topic: Agency
Requires the Office of the Chief Information Officer to provide annual reports to the state Legislature, including a report on the status of broadband expansion and coordination, the grant program, and the adequacy of the broadband speed definitions set for targeted service areas in section 8B.1.
State Code
The office shall provide all of the following reports: 1. An annual report of the office. 2. An annual internal service fund expenditure report as required under section 8B.13, subsection 5. 3. An annual report regarding total spending on technology as required under section 8B.21, subsection 6. 4. An annual report of expenditures from the IowAccess revolving fund as provided in section 8B.33. 5. An annual report regarding the status of broadband expansion and coordination, the connecting Iowa farms, schools, and communities broadband grant program established under section 8B.11, and the adequacy of the speed set in the definition of targeted service area in section 8B.1.
Iowa
2015
Iowa Code 8C.7A
Uniform rules for small wireless facilities permit approval
Category: Infrastructure access
Topic: Small cell facilities
Creates uniform rules for state and local authorities for siting small cell wireless facilities. Prohibits authorities from restricting the siting of such facilities and requires authorities that have planning and zoning regulations to allow small cell facilities without a conditional land use permit. Allows an authority to require a special or conditional use permit within single-family residential or previously designated historic districts. Allows the authority to require a building, electrical, or right of way permit if such permits are generally applicable. Requires nondiscriminatory, competitively neutral and commercially reasonable rates, terms, and conditions for siting of small cell facilities. Explains the permit process and creates a 90-day shot clock, after which time the application is deemed approved. Sets fee at $500 for up to five small cell facilities and $25 facilities for each additional facility and allows up to 25 facilities on a consolidated application. This section is part of a chapter that is scheduled to be repealed July 1, 2022.
State Code
1.a. Except as provided in this section, an authority shall not prohibit or restrict the siting of a small wireless facility. b. For purposes of this section, “siting” means the mounting, installation, maintenance, modification, operation, or replacement of a small wireless facility on or adjacent to any of the following: (1) An existing tower, utility pole, wireless support structure, or other existing structure. (2) A new utility pole of a similar height and appearance as an existing utility pole and which is located within a five-hundred-foot radius of the existing utility pole. (3) A replacement utility pole of a similar height and appearance as an existing utility pole and which is located within a five-hundred-foot radius of the existing utility pole. 2.a. An authority that has adopted planning and zoning regulations shall authorize the siting of a small wireless facility within its jurisdiction and shall not require a person to obtain a special or conditional land use permit for any of the following: (1) For siting the small wireless facility in a public right-of-way or on an authority structure located outside of a public right-of-way to the extent that such structure is already in use as a wireless support structure by supporting non-authority communications equipment that involve external attachments, provided that such structure is not listed on the national register of historic places. (2) For siting the small wireless facility on an existing tower, utility pole, or wireless support structure, regardless of the location, except for on property zoned and used exclusively for single-family residential use or within a previously designated area of historical significance pursuant to section 303.34. b. A small wireless facility may be classified as a special or conditional land use where such small wireless facility is not sited in a manner as provided in paragraph “a”. c. A person may install a new utility pole or wireless support structure in a public right-of-way subject to the provisions of this section. An authority may reasonably limit the number of new utility poles or wireless support structures, consistent with the protection of public health, safety, and welfare, and provided that such limitation does not have the effect of prohibiting or significantly impairing a wireless service provider’s ability to provide wireless service within the area of a proposed new structure. However, an authority may require a person to obtain a special or conditional land use permit to install a new utility pole or wireless support structure for the siting of a small wireless facility on property zoned and used exclusively for single-family residential use or within a previously designated area of historical significance pursuant to section 303.34. 3.a.(
Iowa
2018
Iowa Executive Order No. 3
The Connecting Rural Iowa Task Force
Category: Broadband programs
Topic: Task Force
Creates the Connecting Rural Iowa Task Force as part of the Empower Rural Iowa Initiative to make recommendations on broadband policy for the state.
State Code
The Connecting Rural Iowa Task Force will review existing state policies and programs related to broadband connectivity in rural Iowa, and will assess those policies' and programs' impacts on rural Iowa. The Connecting Rural Iowa Task Force will likewise propose changes to any existing state policies and programs so reviewed, or propose new policies and programs designed to encourage increased broadband connectivity throughout rural Iowa.
Kansas
2020
Kan. Executive Order No. 20-67
Establishing the Office of Broadband Development (Agency)
Category: Broadband programs
Topic: Agency
Tasks the Kansas Department of Commerce with overseeing the Office of Broadband Development and orders all executive branch agencies, authorities, and departments to support and coordinate with the office.
State Code
2. The Office of Broadband Development shall be led by the Director of Broadband Initiatives and shall be supported by such other personnel as the Kansas Department of Commerce shall commit.
3. All Kansas executive branch agencies, authorities, and departments shall support the work of, and coordinate with, the Office of Broadband and shall lend support to such work to the greatest extent possible without compromising existing responsibilities of those agencies, authorities, and departments.
Kansas
2020
Kan. Executive Order No. 20-67
Establishing the Office of Broadband Development (Office)
Category: Broadband programs
Topic: Office
Establishes the Kansas Office of Broadband Development and tasks it with annually evaluating the extent, quality, and affordability of broadband in Kansas, developing strategies to facilitate the construction of broadband infrastructure needed to achieve universal access, and developing and advocating for policies that make high-quality broadband more accessible, affordable, and reliable in underserved and vulnerable communities.
State Code
link to text
Kansas
2019
Kan. Stat. Ann. 12-2001
Granting of franchises; purposes; conditions; limitations; assessment of fees; certain provisions declared void
Category: Infrastructure access
Topic: Small cell facilities
Prohibits cities from requiring that wireless service providers enter into a franchise agreement but allows them to regulate the use of rights-of-way through small cell facility deployment agreements, master license agreements, permitting requirements, and municipal ordinances. Also allows cities to assess a right-of-way access fee on wireless service providers. Clarifies that this applies only to small cell providers.
State Code
(t) (1) Except as further provided in paragraph (2), a city: (A) Shall not require a wireless services provider or a wireless infrastructure provider to enter into a franchise, franchise agreement, franchise ordinance, contract franchise or contract franchise ordinance for the provision of wireless services; (B) may govern the use of the public right-of-way by a wireless services provider or a wireless infrastructure provider by requiring a small cell facility deployment agreement or a master license agreement, through permitting requirements or municipal ordinances or codes, or any combination thereof, in a manner consistent with federal and state law; and (C) may assess a wireless services provider or a wireless infrastructure provider a fixed right-of-way access fee for each small cell facility that the provider deploys that requires use of the city's public right-of-way, but such fee shall not be based on such provider's gross receipts derived from services provided within the city's corporate limits. (2) The provisions of paragraph (1) shall only apply to a wireless infrastructure provider to the extent of such provider's operations and services as a provider for the deployment of small cell facilities in the city's public right-of-way that are used for the provision of wireless services. Nothing in this subsection shall be construed to apply to such provider's other operations and services as a utility or otherwise or have any effect on any franchise that is related to such other operations and services.
Kansas
2013
Kan. Stat. Ann. 66-1,187(a)
Telecommunications public utility; definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband as the transmission of data at rate equal to or greater than 1.5 megabits per second.
State Code
(a) "Broadband" means the transmission of digital signals at rates equal to or greater than 1.5 megabits per second.
Kansas
2013
Kan. Stat. Ann. 66-1,187(q)
Telecommunications public utility; definitions
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Defines enhanced universal service as providing full-fiber interconnectivity and broadband-capable facilities to all accredited schools, hospitals, public libraries, and state and local government facilities that request broadband service.
State Code
(q) "Enhanced universal service" means telecommunications services, in addition to those included in universal service, which shall include: Signaling system seven capability, with CLASS service capability; basic and primary rate ISDN capability, or the technological equivalent; full-fiber interconnectivity, or the technological equivalent, between central offices; and broadband capable facilities to: All schools accredited pursuant to K.S.A. 2018 Supp. 72-3214 et seq., and amendments thereto; hospitals as defined in K.S.A. 65-425, and amendments thereto; public libraries; and state and local government facilities which request broadband services.
Kansas
2018
Kan. Stat. Ann. 66-1286
Establishing the statewide broadband expansion planning task force; membership; duties; compensation; reports to the Legislature
Category: Broadband programs
Topic: Task Force
Establishes a statewide broadband task force and defines the composition of the task force. Defines its mission as developing criteria for creating a statewide broadband map; identifying risks and challenges associated with a statewide broadband expansion project; considering recent Federal Communications Commission actions; identifying potential funding sources; reviewing and making recommendations on existing public right of way and public utilities law to facilitate broadband deployment; and proposing future activities necessary to create a statewide broadband expansion plan. This section expires on June 30, 2020.
State Code
(a) There is hereby established the statewide broadband expansion planning task force. The task force shall be composed of 17 voting members, as follows: (1) The chairperson, vice-chairperson and ranking minority member of the house standing committee on energy, utilities and telecommunications; (2) the chairperson, vice-chairperson and ranking minority member of the senate standing committee on utilities; (3) one member appointed by the Kansas association of counties; (4) one member appointed by the Kansas league of municipalities; (5) one member appointed by the Kansas rural independent telephone coalition; (6) one member from the Kansas cable telecommunications association; (7) one member appointed by the cellular telecommunications industry association representing a wireless carrier; (8) one member representing an electing carrier; (9) one member representing an incumbent local exchange carrier that is price-cap regulated and a recipient of KUSF funds and serves a rural service area; (10) one member appointed by the Kansas electric cooperatives; (11) one member appointed by the state independent telephone association; (12) one member appointed by the Kansas municipal utilities; (13) one member appointed by the Kansas independent fiber association; and (14) the following ex-officio members, who all shall be non-voting members: (A) The secretary of transportation or the secretary's designee; (B) the commissioner of education or the commissioner's designee; (C) the chairperson of the state corporation commission, or the chairperson's designee; (D) one member appointed by the Kansas hospital association; and (E) one member at-large appointed by the governor. (b) Of the legislative members appointed by the speaker of the house of representatives and the president of the senate, the speaker of the house of representatives shall appoint one such member from the house of representatives to serve as co-chairperson of the task force and the president shall appoint one such member from the senate to serve as co-chairperson of the task force. (c) Members shall be appointed to the task force not later than 45 days from the effective date of this section. Members of the task force must reside or work in Kansas and shall consist of members from all four congressional districts in Kansas. (d) The statewide broadband expansion planning task force may meet in an open meeting at any time upon the call of either co-chairperson of the task force. A majority of the voting members of the statewide broadband expansion planning task force constitute a quorum. Any action by the task force shall be by motion adopted by a majority of the voting members present when there is a quorum. Any vacancy on the statewide broadband expansion planning task force shall be filled by appointment in the manner prescribed in this section for the original appointment. (e) The mission of the statewide broadband expansion planning task force shall be as follows: (1) Work collaboratively to develop an approach that includes, but is not limited to, the development of criteria for the creation of a statewide map for defining and evaluating the broadband needs of Kansas citizens, businesses, industries, institutions and organizations; (2) identify and document risks, issues and constraints associated with a statewide broadband expansion project. Develop corresponding risk mitigation and resolution strategies where appropriate; (3) consider any recent actions by the federal communications commission relating to broadband services including, but not limited to, the 2018 broadband deployment report, recommendations of the broadband deployment advisory committee and any actions to implement broadband initiatives using the connect America fund phase II, the mobility fund II or the remote areas fund; (4) identify opportunities and potential funding sources to: (A) Expand broadband infrastructure and increase statewide access to broadband services; (B) remove barriers that may hinder deployment of broadband infrastructure or access to broadband services; and (C) consider options for the deployment of new advanced communication technologies; (5) develop criteria for prioritizing the expansion of broadband services across Kansas; (6) review existing law and rules and regulations concerning access to the public right-of-way for public utilities and make corresponding recommendations for any changes necessary to encourage broadband deployment; (7) propose future activities and documentation required to complete a statewide broadband expansion plan, including an upgradeable, functional map of the state of available broadband service, what technologies should be deployed and the methods to finance broadband expansion; and (8) make and submit an initial report to the house of representatives committee on energy, utilities and telecommunications and the senate committee on utilities prior to January 15, 2019, concerning all such initial work and progress of the task force. Unless all work is completed and reported in the initial report, the final planning task force report shall be submitted to the legislature prior to January 15, 2020. (f) The staff of the office of revisor of statutes, the legislative research department and the division of legislative administrative services shall provide assistance as may be requested by the statewide broadband expansion planning task force. (g) Legislative members of the statewide broadband expansion planning task force attending meetings authorized by the task force shall be paid amounts provided in K.S.A. 75-3223(e), and amendments thereto. Non-legislative members of the statewide broadband expansion planning task force may be reimbursed by their appointing authority. (h) The provisions of this section shall expire on June 30, 2020.
Kansas
1996
Kan. Stat. Ann. 66-2001
Telecommunications; declaration of public policy
Category: Broadband programs
Topic: Goal
Declares the state’s goal to promote access to advanced telecommunications services that are comparable in urban and rural areas.
State Code
It is hereby declared to be the public policy of the state to: (a) Ensure that every Kansan will have access to a first class telecommunications infrastructure that provides excellent services at an affordable price; (b) ensure that consumers throughout the state realize the benefits of competition through increased services and improved telecommunications facilities and infrastructure at reduced rates; (c) promote consumer access to a full range of telecommunications services, including advanced telecommunications services that are comparable in urban and rural areas throughout the state; (d) advance the development of a statewide telecommunications infrastructure that is capable of supporting applications, such as public safety, telemedicine, services for persons with special needs, distance learning, public library services, access to internet providers and others; and (e) protect consumers of telecommunications services from fraudulent business practices and practices that are inconsistent with the public interest, convenience and necessity.
Kansas
2013
Kan. Stat. Ann. 66-2009
Eligibility for Kansas Universal Service Fund funding; carrier of last resort obligations
Category: Competition and regulation
Topic: Service Provision - Other
Allows a local exchange carrier to seek a waiver from its carrier of last resort obligation based on providing telecommunications service or internet access service to a real property.
State Code
4) A local exchange carrier that is not automatically relieved of its carrier of last resort obligation pursuant to paragraph (2) of subsection (c) may seek a waiver of its carrier of last resort obligation from the commission for good cause shown based on the facts and circumstances of the provision of local telecommunications service or internet access service to a particular real property. Upon petition for such relief, notice shall be given by the local exchange carrier at the same time to the relevant owner or developer. The commission shall make a determination concerning the petition on or before 90 days after such petition is filed.
Kansas
2016
Kan. Stat. Ann. 66-2019
Siting of wireless infrastructure; public lands and public right of way; wireless providers and governing bodies, rights and requirements for application process
Category: Infrastructure access
Topic: Small cell facilities
States that wireless facilities are critical to expanding broadband access to all Kansas citizens and ensuring the competitiveness of the state’s schools and businesses. Prohibits state and local authorities from charging fees associated with the submission, review, or approval of an application that is not required for other wireless or broadband service providers within the jurisdiction. Sets maximum application fees at $500 per co-location application and $2,000 per application for a new support structure. Allows up to 25 facilities to be submitted on a consolidated application and sets a review timeline of 60 days. Prohibits an authority from issuing a moratorium on applications. Allows an authority to continue to exercise zoning, land use, and planning over wireless facilities and support structures, except for those in an interior structure or a campus, stadium, or athletic facility. Exempts military installations from this chapter.
State Code
(c) (1) An authority shall not charge an application fee, consulting fee or other fee associated with the submission, review, processing and approval of an application that is not required for other wireless infrastructure providers or wireline telecommunications or broadband providers within the authority's jurisdiction. (2) An authority shall only assess fees or charges for the actual costs relating to the granting or processing of an application that are directly incurred by the authority and the authority shall not charge any market-based or value-based fees for the processing of an application. Such fees and charges shall be reasonably related in time to the occurrence of such costs. (3) An authority or any third-party entity shall not include any travel expenses incurred in the review of an application for more than one trip per application to the authority's jurisdiction and an applicant shall not be required to pay or reimburse an authority for a consultant or other third-party fees based on a contingency-based or results-based arrangement. Any travel expenses included must be reasonable and directly related to the application. (4) The total charges and fees assessed by the authority shall not exceed: (A) $500 for a collocation application, that is not a substantial modification, small cell facility application or distributed antenna system application; or (B) $2,000 for an application for a new wireless support structure or for a collocation application that is a substantial modification of a wireless support structure. (d) (1) An authority may not charge a wireless services provider or wireless infrastructure provider any rental, license or other fee to locate a wireless facility or wireless support structure on any public right-of-way controlled by the authority, if the authority does not charge other telecommunications or video service providers, alternative infrastructure or wireless services providers or any investor-owned utilities or municipally-owned commercial broadband providers for the use of public right-of-way. If an authority does assess a charge, including a charge or rental fee for attachment to the facilities owned by the authority in the right-of-way, any such charge must be competitively neutral, with regard to other users of the public right-of-way, including investor-owned utilities or municipally-owned commercial broadband providers, and may not be unreasonable or discriminatory or violate any applicable state or federal law, rule or regulation. (2) (A) Subject to the provisions of this subsection, a wireless services provider or wireless infrastructure provider, subject to an application, shall have the right to construct, maintain and operate wireless support structures, utility poles, small cell wireless facilities or distributed antenna systems along, across, upon, under or above the public right-of-way. The authority must be competitively neutral with regard to other users of the public right-of-way, may not be unreasonable or discriminatory and may not violate any applicable state or federal law, rule or regulation. (B) Nothing in this subsection (d) shall be interpreted as granting a wireless services provider or wireless infrastructure provider the right to construct, maintain or operate any facility or related appurtenance on property owned by the authority outside of the public right-of-way. (C) The right of a wireless services provider or wireless infrastructure provider to use and occupy the public right-of-way shall always be subject and subordinate to the reasonable public health, safety and welfare requirements and regulations of the authority. An authority may exercise its home rule powers in its administration and regulation related to the management of the public right-of-way provided that any such exercise must be competitively neutral and may not be unreasonable or discriminatory.
Kansas
2020
Kan. Stat. Ann. 68-2314c
Category: Funding and financing
Topic: Fund - Other
Creates the Eisenhower Legacy Transportation Program to be administered by the secretary of transportation, and directs the program to provide for construction, improvement, reconstruction, and maintenance of the state highway system and for selection of projects that will meet emerging and economic needs, including broadband infrastructure construction.
State Code
(b) (1) The Eisenhower legacy transportation program shall provide for the construction, improvement, reconstruction and maintenance of the state highway system. The program shall provide for the selection of projects that will allow for the flexibility to meet emerging and economic needs. Program expenditures may include, but may not be limited to, the following...(B) preservation plus projects to efficiently maintain a state highway system and include additional safety or technology elements, or both, in the preservation project. Such additional elements may include, but may not be limited to, adding paved shoulders, adding passing lanes, adding traffic signals, adding intelligent transportation system elements or laying broadband fiber or the conduit for broadband fiber. It is the intent of the legislature that the secretary has the authority to enhance preservation plus projects with the addition of safety or technology improvements, or both. Federal funding from federal grants or federal stimulus may be used for preservation plus projects
Kansas
2010
Kan. Stat. Ann. 74-50,154
Tax credits for contributions to certain regional foundations providing economic development services; transfer of funds to Enterprise Facilitation Fund; rules and regulations establishing criteria for proposals designating and selecting foundations to sell tax credits; limitations on use of funds; limitations on amount of credits
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Requires regional foundations providing economic development services to administer a regional business development fund to be distributed for entrepreneurs for economic and leadership development in the region. At least 60 percent of the funds must be directed to job creation and retention. Up to 30 percent can be used for eligible activities, including technology improvements such as broadband.
State Code
Each region as defined by this act shall receive an equal share of this allocation. (5) Any credits not sold by such regional foundations shall be reclaimed by the secretary from such region and redistributed to other regions that sold all credits previously issued. (6) The secretary shall annually review and approve or disapprove the proposal of each designated regional foundation for continued eligibility for tax credits. The department of commerce retains that right to reclaim credits in such cases the regional foundation closes or there is demonstrated violation of the organization's policies. Changes to the investment policies of each regional foundation are subject to approval of the secretary. (e) Each regional foundation shall administer a regional business development fund. The sums generated by contributions to each regional business development fund are intended to be distributed to qualified entrepreneurs for the purposes of economic and leadership development in the region. Such sums shall be allocated by each regional foundation as follows: (1) Not less than 60% of such funds may be allocated for job creation or retention; (2) not more than 10% of such funds shall be allocated for administrative costs in overseeing particular projects; and (3) the remaining funds may be allocated towards other eligible activities as provided in subsection (f) in a manner that fits the region's priorities and needs. (f) Funds in the regional business development funds may be utilized by the regional foundation for one or more of the following eligible activities: (1) Business start-ups; (2) business expansion; (3) business retention; (4) business support services; (5) regional leadership development; (6) technology improvements; and (7) administrative services. (g) All interest generated on idle funds administered by the regional foundation shall be used by the foundation's board in accordance with subsections (e) and (f). (h) Any regional foundation may increase or decrease the allocation percentages set forth in subsection (e) only upon approval of such adjustments by the secretary. (i) (1) The amount of credit allowed pursuant to this act, shall not exceed 75% of the total amount contributed during the taxable year by the taxpayer to a regional foundation approved pursuant to this act. (2) If the amount of the credit allowed by this act, exceeds the taxpayer's income tax liability imposed under the Kansas income tax act, such excess amount shall be refunded to the taxpayer. (j) The provisions of this act shall be applicable to all taxable years beginning after December 31, 2004.
Kansas
2020
Kan. Stat. Ann. 75-5094
Category: Funding and financing
Topic: Fund - Broadband
Establishes the Broadband Infrastructure Construction Grant Fund in the state treasury to provide grants for the expansion of broadband service.
State Code
(b) There is hereby established in the state treasury the broadband infrastructure construction grant fund. All moneys credited to such fund shall be used to provide grants for the expansion of broadband service in the state of Kansas. All expenditures from such fund shall be made in accordance with the provisions of appropriation acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of transportation or the secretary's designee.
Kentucky
2018
Ky. Rev. Stat. Ann. 154.15-020
Kentucky Communications Network Authority—duties—personnel—powers (Agency)
Category: Broadband programs
Topic: Agency
Describes the duties of the Kentucky Network Authority, which is attached to the Office of the Governor. These include overseeing the KentuckyWired open-access network; managing the master agreement between establishing a public-private partnership to design, build, and operate the network; providing network connectivity to public agencies; and offering eligible entities access to excess capacity on the network. The authority is also tasked with establishing an advisory group and defines the composition of the advisory group. Sets a cap of $110 million on debt financing.
State Code
(1) The Kentucky Communications Network Authority is established and shall be attached to the Office of the Governor. The authority shall be headed by an executive director who shall be hired by the board and approved by the Governor. (2) Notwithstanding KRS 42.726, the duties of the authority shall be to: (a) Oversee and maintain KentuckyWired, the Commonwealth's open-access broadband network; (b) Manage the master agreement establishing the public-private partnership between the Commonwealth and its private industry partner or partners. The purpose of the agreement is to design, engineer, build, operate, maintain, and upgrade the network; (c) Provide network connectivity to public agencies; (d) Offer access to entities eligible to utilize excess capacity on the network; (e) Manage other aspects of the network and its utilization through the executive director and with oversight and input from the board established in KRS 154.15-030 and the advisory group established in this section; (f) Promulgate administrative regulations pursuant to KRS Chapter 13A necessary to implement the purposes of this subchapter; (g) Enter into contracts with public and private entities to carry out its duties and responsibilities. A contract or other agreement involving the acquisition or disposition of a property interest by the Commonwealth shall be signed by the secretary of the Finance and Administration Cabinet. KRS Chapters 45A and 56 may require the secretary's signature on other contracts or agreements; (h) Provide program management services ensuring the financial viability of the master agreement and related contracts and agreements, including grant administration, contract compliance and oversight, community planning support, and constituent services; (i) Seek out, secure, and manage funding sources for the network; and (j) Create an advisory group, including major stakeholders, to provide input and feedback on issues important to the user community and to the long-term sustainability of the project and the network. The advisory group shall be administratively attached to and managed by the authority. The advisory group shall include but not be limited to representatives of: 1. The Department of Education; 2. The Council on Postsecondary Education; 3. The Cabinet for Economic Development; 4. The Cabinet for Health and Family Services; 5. The Transportation Cabinet; 6. The Justice and Public Safety Cabinet; 7. The Finance and Administration Cabinet; 8. The Administrative Office of the Courts; 9. The Legislative Research Commission; 10. Institutions of higher education; 11. Local government entities; 12. Libraries; 13. Public health care institutions or agencies; 14. Kentucky Educational Television; and 15. Others whose input will benefit the network. (3) With the approval of the board, the executive director may hire additional officers and other personnel necessary for the proper functioning of the authority, fix their salaries, and prescribe their duties. The executive director and persons employed by the authority shall not be subject to the provisions of KRS Chapter 18A. (4) (a) With the approval of the board, the executive director may make, execute, and effectuate contracts, leveraging future revenues from provision of government-to-government services and sale or lease of excess capacity, to incur debt in the name of the authority and enter into financing agreements with the Commonwealth, agencies of the Commonwealth, lending institutions, investors, or investing entities. (b) The total amount of debt or financing under this subsection shall not exceed one hundred ten million dollars ($110,000,000), and shall not leverage any future revenues committed to the repayment of any other debt, or expected to be used for the repayment of any other debt, as of the time the debt or financing is entered into. (c) Any proposed debt or financing under this subsection shall be submitted to the Capital Projects and Bond Oversight Committee for review at least fourteen (14) days prior to the committee meeting. (d) If any debt or financing is incurred under this subsection, the authority shall provide to the Legislative Research Commission: 1. Within thirty (30) days of entering into a debt or financing agreement, a copy of the agreement; and 2. On January 1, April 1, July 1, and October 1 of each year that the debt or financing is outstanding: a. The amount of principal and interest remaining on the debt or financing; b. The use to which the capital gained from the debt or financing has been put; and c. Any amendments, if any, to the original debt or financing instruments or agreements.
Kentucky
2018
Ky. Rev. Stat. Ann. 154.15-020
Kentucky Communications Network Authority—duties—personnel—powers (Open access)
Category: Infrastructure access
Topic: Open access
Describes the duties of the Kentucky Network Authority, which is attached to the Office of the Governor. These include overseeing the KentuckyWired open-access network; managing the master agreement between establishing a public-private partnership to design, build, and operate the network; providing network connectivity to public agencies; and offering eligible entities access to excess capacity on the network. The authority is also tasked with establishing an advisory group and defines the composition of the advisory group. Sets a cap of $110 million on debt financing.
State Code
(1) The Kentucky Communications Network Authority is established and shall be attached to the Office of the Governor. The authority shall be headed by an executive director who shall be hired by the board and approved by the Governor. (2) Notwithstanding KRS 42.726, the duties of the authority shall be to: (a) Oversee and maintain KentuckyWired, the Commonwealth's open-access broadband network; (b) Manage the master agreement establishing the public-private partnership between the Commonwealth and its private industry partner or partners. The purpose of the agreement is to design, engineer, build, operate, maintain, and upgrade the network; (c) Provide network connectivity to public agencies; (d) Offer access to entities eligible to utilize excess capacity on the network; (e) Manage other aspects of the network and its utilization through the executive director and with oversight and input from the board established in KRS 154.15-030 and the advisory group established in this section; (f) Promulgate administrative regulations pursuant to KRS Chapter 13A necessary to implement the purposes of this subchapter; (g) Enter into contracts with public and private entities to carry out its duties and responsibilities. A contract or other agreement involving the acquisition or disposition of a property interest by the Commonwealth shall be signed by the secretary of the Finance and Administration Cabinet. KRS Chapters 45A and 56 may require the secretary's signature on other contracts or agreements; (h) Provide program management services ensuring the financial viability of the master agreement and related contracts and agreements, including grant administration, contract compliance and oversight, community planning support, and constituent services; (i) Seek out, secure, and manage funding sources for the network; and (j) Create an advisory group, including major stakeholders, to provide input and feedback on issues important to the user community and to the long-term sustainability of the project and the network. The advisory group shall be administratively attached to and managed by the authority. The advisory group shall include but not be limited to representatives of: 1. The Department of Education; 2. The Council on Postsecondary Education; 3. The Cabinet for Economic Development; 4. The Cabinet for Health and Family Services; 5. The Transportation Cabinet; 6. The Justice and Public Safety Cabinet; 7. The Finance and Administration Cabinet; 8. The Administrative Office of the Courts; 9. The Legislative Research Commission; 10. Institutions of higher education; 11. Local government entities; 12. Libraries; 13. Public health care institutions or agencies; 14. Kentucky Educational Television; and 15. Others whose input will benefit the network. (3) With the approval of the board, the executive director may hire additional officers and other personnel necessary for the proper functioning of the authority, fix their salaries, and prescribe their duties. The executive director and persons employed by the authority shall not be subject to the provisions of KRS Chapter 18A. (4) (a) With the approval of the board, the executive director may make, execute, and effectuate contracts, leveraging future revenues from provision of government-to-government services and sale or lease of excess capacity, to incur debt in the name of the authority and enter into financing agreements with the Commonwealth, agencies of the Commonwealth, lending institutions, investors, or investing entities. (b) The total amount of debt or financing under this subsection shall not exceed one hundred ten million dollars ($110,000,000), and shall not leverage any future revenues committed to the repayment of any other debt, or expected to be used for the repayment of any other debt, as of the time the debt or financing is entered into. (c) Any proposed debt or financing under this subsection shall be submitted to the Capital Projects and Bond Oversight Committee for review at least fourteen (14) days prior to the committee meeting. (d) If any debt or financing is incurred under this subsection, the authority shall provide to the Legislative Research Commission: 1. Within thirty (30) days of entering into a debt or financing agreement, a copy of the agreement; and 2. On January 1, April 1, July 1, and October 1 of each year that the debt or financing is outstanding: a. The amount of principal and interest remaining on the debt or financing; b. The use to which the capital gained from the debt or financing has been put; and c. Any amendments, if any, to the original debt or financing instruments or agreements.
Kentucky
2015
Ky. Rev. Stat. Ann. 154.33-552
Uses of Kentucky Appalachian Regional Development Fund—applications for funding—criteria for approval—administrative regulations
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Defines the uses of the Kentucky Appalachian Regional Development Fund, which include broadband deployment. The fund makes loans, grants, and investments to nonprofit organizations, working groups representing Shaping Our Appalachian Region, and city or county governments. Outlines criteria for determining funding awards.
State Code
(1) The Kentucky Appalachian regional development fund shall be used only to support job creation and retention, entrepreneurship, tourism, broadband deployment, education and lifelong learning, workforce training, leadership development, public engagement, health and wellness, arts and heritage, infrastructure, economic diversity, and sustainable agricultural practices and food systems within and across counties in the region. (2) The following entities may apply for loans, grants, or investments from the fund: (a) Nonprofit corporations that have or are actively seeking 501(c)(3) status, are registered to do business in the Commonwealth, are established to conduct business in accordance with the purposes of the Shaping Our Appalachian Region initiative, and that have a physical presence within the region; (b) Working groups or other formally designated entities representing Shaping Our Appalachian Region, Inc. as documented by resolution of the board or the board itself; and (c) Departments, divisions, or offices of a county or city within the region. (3) Applications shall be submitted to the executive director who shall confirm completeness and shall then submit applications to the board for consideration. (4) The board shall consider whether and to what extent the applications are consistent with the purposes specified in subsection (1) of this section. It shall then forward the applications to the commissioner with recommendations for approval or disapproval, giving priority to initiatives that present the greatest likelihood of regionwide economic impact. (5) The criteria to be used by the board in recommending applications to the commissioner shall include: (a) The unemployment level in each community where the project will be located; (b) The likelihood that the project will generate future revenue for the community or the Commonwealth; (c) The number of new direct or indirect jobs to be provided for the residents of the Commonwealth and the wages to be paid; (d) The degree to which the project will benefit the economies and communities in multiple jurisdictions within the region; (e) Funding match from the local community and private sector persons or foundations; and (f) The likelihood of the economic success of the project, including the ability of the project to sustain itself in the future. (6) The commissioner shall have authority to approve the application and shall, in consultation with the secretary of the Cabinet for Economic Development, determine reasonable terms and conditions for the loan, grant, or investment. (7) Money in the Kentucky Appalachian regional development fund may be disbursed by the applicant to any person or entity, public or private, organized for profit or not for profit, or any combination thereof with a geographical presence in the region as set forth in the application and approved by the commissioner, but the applicant shall be responsible for appropriate monitoring and reporting of the use of funds by the recipient. (8) The Department for Local Government may promulgate administrative regulations in accordance with KRS Chapter 13A to implement the provisions of this section and KRS 154.33-554 and 154.33-556.
Kentucky
2020
Ky. Rev. Stat. Ann. 224A.011
Definitions for chapter (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines broadband service as any wireline or fixed terrestrial technology able to transmit internet data at a minimum speed of 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads. If state agencies use different speed definitions, the faster speed will apply to Ky. Rev. Stat. Ann. 224A.110, 224A.112, and 224A.1121.
State Code
(9) "Broadband" means any wireline or fixed terrestrial technology having a capacity to
transmit data from or to the Internet with a minimum speed of twenty-five (25)
megabits per second downstream and three (3) megabits per second upstream as
defined by the Federal Communications Commission or the United States
Department of Agriculture and any amendments to those definitions. If the agencies
use different speed definitions, the faster speed definition shall apply to KRS
224A.110, 224A.112, and 224A.1121
Kentucky
2020
Ky. Rev. Stat. Ann. 224A.011
Definitions for chapter (Definition - Underserved)
Category: Definitions
Topic: Definition - Underserved
Defines “underserved area” as any project area without available broadband speeds of at least 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads.
State Code
(44) "Underserved area" means any project area where fixed, terrestrial broadband
service with a minimum twenty-five (25) megabits per second downstream and
three (3) megabits per second upstream is not available
Kentucky
2020
Ky. Rev. Stat. Ann. 224A.011
Definitions for chapter (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Creates in the state treasury the infrastructure revolving fund to provide grants and loans to governmental entities for infrastructure projects including broadband, and the broadband deployment fund, to make grant funds available for construction of broadband infrastructure in underserved or unserved areas. Both funds will be administered by the Kentucky Infrastructure Authority.
State Code
(45) "Unserved area" means any project area where fixed, terrestrial broadband service
with a minimum ten (10) megabits per second downstream and one (1) megabit per
second upstream is not available
Kentucky
2020
Ky. Rev. Stat. Ann. 224A.112
Creation of infrastructure revolving fund and broadband deployment fund -- Purpose -- Use of moneys
Category: Funding and financing
Topic: Fund - Broadband
Creates in the state treasury the infrastructure revolving fund to provide grants and loans to governmental entities for infrastructure projects including broadband, and the broadband deployment fund, to make grant funds available for construction of broadband infrastructure in underserved or unserved areas. Both funds will be administered by the Kentucky Infrastructure Authority.
State Code
(1) The infrastructure revolving fund shall be established in the State Treasury and shall
be administered by the authority. The fund shall be a dedicated fund, and all moneys
in the fund shall be allocated and dedicated solely to providing financial assistance
to governmental agencies, and investor-owned water systems as provided for in
KRS 96.540, 224A.306, 224A.308, and 224A.310, for the construction or
acquisition of infrastructure projects through an account designated as the 2020
water service account.
(2) The broadband deployment fund shall be established in the State Treasury and shall
be administered by the authority. The fund shall be a dedicated fund, and all moneys
in the fund shall be allocated and dedicated solely to providing grant funds to
governmental agencies and private sector entities to construct infrastructure for the
deployment of broadband service to households and businesses in underserved or
unserved areas of the Commonwealth through an account designated as the
broadband deployment fund.
Kentucky
2020
Ky. Rev. Stat. Ann. 224A.1121
Purpose of broadband deployment account -- Grant program -- Funding criteria and prioritization schedules -- Guidelines and standards for grants -- Applications available to public -- Challenge -- Partial funding -- Administrative regulations
Category: Broadband programs
Topic: Agency
States that the broadband deployment fund is aimed at helping local governments and the private sector construct broadband infrastructure in underserved or unserved areas and can receive appropriations from the General Assembly and funds from other public and private sources. Directs the Kentucky Infrastructure Authority to establish a grant program to allocate monies from the fund and to prioritize projects that serve the greatest number of unserved and underserved residents at the lowest cost.
State Code
(1) The purpose of the broadband deployment fund set forth in KRS 224A.112 shall be
to assist governmental agencies and private sector entities to construct infrastructure
for the deployment of broadband service to underserved or unserved areas of the
Commonwealth. The authority shall manage the fund and may accept and receive
appropriations from the General Assembly or other funds or gifts from both public
and private sources, including but not limited to local governments and federal
agencies.
(2) The authority shall establish a grant program that allocates funds from the
broadband deployment fund in accordance with this section. Grant funds may be
used by government or private sector entities for broadband deployment projects.
(3) The grant program shall be developed to give highest funding priority to those
projects which most effectively provide broadband service to the greatest number of
underserved and unserved Kentucky citizens and at the lowest cost. Funding shall
not be used to duplicate broadband service to citizens, households, and businesses
in a broadband deployment project area where fixed, terrestrial broadband service
meets or exceeds twenty-five (25) megabits per second downstream and three (3)
megabits per second upstream.
(4) The authority shall develop funding criteria and prioritization schedules for
broadband deployment projects in a technology-neutral manner in accordance with
this section.
(5) The authority shall establish guidelines and standards for applying for and
approving grants from the broadband deployment fund.
Louisiana
2019
La. Executive Order JBE 19-15
Broadband for Everyone in Louisiana Commission
Category: Broadband programs
Topic: Task Force
Creates the Broadband for Everyone in Louisiana Commission to work on adoption and availability. Lists duties and membership criteria for the commission.
State Code
Section 1: The Broadband for Everyone in Louisiana Commission is hereby created within the governor's office and shall consist of twenty-three members, including sixteen ex officio members and seven members appointed by the governor. Section 2: The commission shall focus on the following two pillars: 1) Adoption. The commission shall encourage the adoption of broadband services ... 2) Availability. The commission shall encourage the expansion of broadband networks.
Louisiana
2020
La. HCR No. 77-78
Category: Other
Topic: Legislative Intent
Requests that the Broadband for Everyone in Louisiana Commission identify public and private sector barriers to expansion of broadband across the state and make recommendations on how to remove those barriers; submit a report of its findings to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs on or before Jan. 1, 2020; create and provide broadband maps using open-source software, in cooperation and coordination with the Federal Communications Commission’s efforts, to identify access and activation gaps; and submit the maps to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs on or before Jan. 1, 2021.
State Code
Therefore, be it resolved that the Legislature of Louisiana does hereby urge and request the Broadband for Everyone in Louisiana Commission to identify public and private sector barriers which impede the expeditious expansion of high-speed broadband and wireless telecommunication service in the state and make recommendations on how to remove these barriers.
Be it further resolved that the Broadband for Everyone in Louisiana Commission submit a report of its findings to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs on or before January 1, 2021.
Therefore, be it resolved that the Legislature of Louisiana does hereby urge and request the Broadband for Everyone in Louisiana Commission within the office of the governor to create and provide broadband maps using open-source software, in cooperation and coordination with the Federal Communications Commission's efforts, to identify access and activation gaps.
Be it further resolved that the broadband maps requested by this Resolution be submitted to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs on or before January 1, 2021.
Louisiana
2020
La. SCR No. 35
A concurrent resolution to urge and request the Department of Transportation and Development to determine which of its assets are available for broadband internet lines and to implement a "Dig Once" policy allowing broadband internet operators to install cable in the ground more economically
Category: Other
Topic: Legislative Intent
Requests that the Department of Transportation and Development determine which of its assets are available for the installation of broadband internet lines; implement a “dig once” policy to allow broadband operators to install cable in the ground more economically; prepare a report of its findings and recommendations to the state’s House of Representatives and Senate; and provide the secretary of transportation and development with a copy of the report.
State Code
Therefore, be it resolved that the Legislature of Louisiana does hereby urge and request the Department of Transportation and Development to determine which of its assets are available for installation of broadband internet lines and to implement a "Dig Once" policy to allow a broadband internet operator to install cable in the ground more economically.
Be it further resolved that no later than March 1, 2021, that the Department of Transportation and Development shall prepare a written report of its findings and recommendations to the House of Representatives and to the Senate.
Be it further resolved that a copy of this Resolution be transmitted to the secretary of the Department of Transportation and Development.
Louisiana
2019
La. SR No. 177
A Resolution to create the Task Force on Access to Broadband High-Speed Internet Service to study the current impediments to rural access to broadband service and to devise solutions to achieve statewide access to broadband high-speed internet service
Category: Broadband programs
Topic: Task Force
Creates the Task Force on Access to Broadband High-Speed Internet Service to study rural broadband issues and make policy recommendations. Lists the members of the task force.
State Code
Therefore be it resolved, that the Senate of the Legislature of Louisiana hereby creates the Task Force on Access to Broadband High-Speed Internet Service to study the current impediments to rural access to broadband service in Louisiana and to devise solutions to achieve statewide access to high-speed internet broadband service. Be it further resolved that the task force shall be comprised of the following members: (1) The president of the Senate or his designee, who shall serve as chairman. (2) The chairman of the Louisiana Public Service Commission or his designee. (3) One member appointed by the Northshore Business Council. (4) One member appointed by the Association of Louisiana Electric Cooperatives. (5) The commissioner of the Department of Agriculture and Forestry or his designee. (6) The state's chief information officer for the office of technology services within the division of administration or his designee. (7) The secretary of Department of Economic Development or his designee. (8) One member appointed by the Louisiana Internet and Television Association. (9) One member appointed by the Louisiana Telecommunications Association. (10) One member appointed by the Cellular Telecommunications and Internet Association. (11) One member appointed by the North Louisiana Economic Partnership.
Louisiana
2020
La. Stat. Ann. 12:430.1
Cooperatives; provision of broadband services; servitudes
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines “broadband service” as internet service with transmissions speeds of at least 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads to align with Federal Communications Commission standards.
State Code
(4) "Broadband services" means any service, using any equipment or technology, including wireline or fixed wireless broadband internet service, that consists of or includes the provision of or connectivity to a high-speed, high-capacity transmission medium meeting the Federal Communications Commission's benchmark of at least twenty-five megabits per second download and three megabits per second upload, or any subsequent benchmark determined by the Federal Communications Commission, that can carry signals from or to multiple sources and that does either of the following:
(a) Is used to provide access to the internet.
(b) Provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over such high-speed access service. As used in this Part, "broadband services" shall also include video services, Voice over Internet Protocol services, wireless services, and internet protocol-enabled services.
Louisiana
2020
La. Stat. Ann. 12:430.1 et seq.
Cooperatives; provision of broadband services; servitudes
Category: Competition and regulation
Topic: Cooperatives (Electric)
Authorizes electric cooperatives to allow broadband service providers to use their delivery systems to provide broadband services, and requires cooperatives that do so to submit annual written reports to the Senate Committee on Commerce, Consumer Protection and International Affairs and the House Committee on Commerce regarding any impediments to providing broadband services to rural residents, starting March 1, 2021. The reports must include the number of broadband providers and affiliates that requested to use or have used a cooperative’s delivery system to deploy broadband to rural residents in the state.
State Code
A.(1)(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph, a cooperative shall grant permission to a broadband affiliate or a broadband service provider to use the electric delivery system of the cooperative to provide broadband services. The use of the cooperative's electric delivery system for the provision of broadband services by the broadband affiliate or a broadband service provider shall not be considered an additional burden on the property upon which the cooperative's electric delivery system is located and shall not require the broadband affiliate or broadband service provider to obtain the additional consent from anyone having an interest in the property upon which the cooperative's electric delivery system is located.
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to any property owned or controlled by a railroad company operating in the state.
(c) Notwithstanding any provision of law to the contrary, a cooperative providing electric service may deny a broadband affiliate or broadband service provider access to its poles, ducts, conduits, or rights-of-way, on a nondiscriminatory basis where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.
(2)(a) If a portion of a cooperative's electric delivery system is used by a broadband affiliate or broadband service provider for the purpose of providing broadband services and the landowner of the property on which such portion is located believes his property has been damaged by such use, the landowner may petition the district court in which the property is situated for any damages to which the landowner may be entitled pursuant to law, subject to the provisions of Subparagraph (b) of this Paragraph.
(b) A cooperative or its members shall not be liable for any recoverable damages to property awarded by a court pursuant to the provisions of this Subsection, and the damages shall be the sole responsibility of the broadband affiliate or broadband service provider.
B. A cooperative shall provide a broadband affiliate, broadband service provider, or broadband operator with nondiscriminatory access to locate its equipment for the provision of broadband services on the cooperative's electric delivery system on just, reasonable, and nondiscriminatory terms, conditions, and rates.
C. Any broadband affiliate, broadband service provider, or broadband operator wishing to attach to a cooperative's electric delivery system shall file written notice with the cooperative. The cooperative shall respond to the notice in accordance with the Public Service Commission's General Order dated September 4, 2014, or any subsequent related order.
D. A cooperative shall charge a broadband affiliate, broadband service provider, or broadband operator for the construction, installation, operation, use, and maintenance of those parts of its electric delivery system that are used or may be reserved for use by the broadband affiliate, broadband service provider, or broadband operator for the provision of broadband services. Any lease of facilities by a cooperative to a broadband affiliate that includes the use of the cooperative's poles shall include a pole attachment fee to be paid by the broadband affiliate to the cooperative. The fee charged by the cooperative to the broadband affiliate shall be the same amount as the pole attachment fee charged by the cooperative to any other broadband operator.
E. A cooperative shall not do any of the following:
(1) Use its electric energy sales revenue to subsidize the provision of broadband services to the public by a broadband affiliate or other broadband operator.
(2) Allow the installation or operation of a broadband system on its electric delivery system by a broadband affiliate or other broadband operator to diminish the reliability of the electric delivery system.
(3) Require any person to purchase broadband services from a broadband affiliate or other broadband operator, as a condition of receiving or continuing to receive electric energy from the cooperative.
(4) Disconnect, or threaten to disconnect, electric service to any customer due to the customer's failure to pay for broadband services provided to the customer by a broadband affiliate or other broadband operator.
F. A cooperative may make capital investments in a broadband affiliate, issue bonds on behalf of a broadband affiliate, make loans to a broadband affiliate at fair market rate, and enter into loan guarantees for the benefit of a broadband affiliate, all of which may be in such amounts and on such terms as the cooperative determines to be prudent, subject to the requirements established by the Public Service Commission's General Orders dated March 18, 1994, and November 13, 1996, or any subsequent related orders.
G. As used in this Section:
(1) "Broadband affiliate" means any entity that meets all of the following criteria:
(a) Is wholly or partially owned by a cooperative.
(b) Is formed to own or operate a broadband system or provide broadband high-speed internet services.
(2) "Broadband operator" means a broadband service provider that owns or operates a broadband system on a cooperative's electric delivery system with the cooperative's consent.
(3) "Broadband service provider" means an entity that provides broadband services to another on a wholesale basis or to an end-use customer on a retail basis.
(4) "Broadband services" means any service, using any equipment or technology, including wireline or fixed wireless broadband internet service, that consists of or includes the provision of or connectivity to a high-speed, high-capacity transmission medium meeting the Federal Communications Commission's benchmark of at least twenty-five megabits per second download and three megabits per second upload, or any subsequent benchmark determined by the Federal Communications Commission, that can carry signals from or to multiple sources and that does either of the following:
(a) Is used to provide access to the internet.
(b) Provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over such high-speed access service. As used in this Part, "broadband services" shall also include video services, Voice over Internet Protocol services, wireless services, and internet protocol-enabled services.
(5) "Broadband system" means a facility used to deliver broadband internet access service as defined in 47 CFR 8.1 and other broadband services.
(6) "Electric delivery system" means the poles, lines, materials, equipment, servitudes, and other facilities or properties used by a cooperative. On March 1, 2021, and every March thereafter, each cooperative, or the statewide or trade association of each cooperative, shall submit a written report to the Senate Committee on Commerce, Consumer Protection and International Affairs and the House Committee on Commerce regarding any impediments to providing broadband high-speed internet access to rural residents. The information in the report shall include, at a minimum, the number of broadband affiliates and broadband service providers who have requested to use a cooperative's electric delivery system and the number of broadband operators, including any broadband affiliate, who have accessed a cooperative's electric delivery system to deploy broadband to rural residents in the state.
Louisiana
2007
La. Stat. Ann. 3:333
Delta Development Initiative
Category: Other
Topic: Other
Finds that northeast Louisiana has a high poverty rate and severely depressed economy, as well as significantly worse health and education outcomes than other areas of the state. Establishes the Delta Development Initiative to provide a comprehensive approach to planning for and addressing the challenges in the region. Directs the initiative to undertake multiple programs, including a business incubator program that provides high-speed internet access to Delta business owners to support entrepreneurship and the development of business skills.
State Code
A. The legislature hereby finds that in northeast Louisiana, which has a poverty rate that is nearly double the national average and whose economy is severely and chronically depressed, there is an urgent need to address issues related to poverty, education, health care, economic development and jobs, housing, and culture. Approximately one in four individuals in northeast Louisiana lives in poverty. Seven out of the state's ten parishes with the highest child poverty rates are in northeast Louisiana. Infant mortality rates in this region are among the highest in the state. The region has among the lowest per capita incomes in the state and among the highest rates of uninsured and unemployed adults. A large percentage of the region's public schools are considered academically below average. Immediate steps must be taken to form a multifaceted initiative to identify and implement ways to solve the region's problems, to assist the region's individuals, families, and businesses as they strive for success and economic survival, and to improve the quality of life and standards of living for the region's citizens. An opportunity must be facilitated to engage citizens of different backgrounds and areas of expertise in order to achieve long-term growth and development in the region, and a framework must be designed for such an initiative that provides for an exchange of ideas in a comprehensive and coordinated effort and for the widespread implementation of solutions in the region. B.(1) The center shall plan, develop, and implement a Delta Development Initiative, referred to in this Section as the "Delta initiative", as provided in this Section. (2) The Delta initiative shall be implemented in the parishes of Caldwell, Catahoula, Concordia, East Carroll, Franklin, Madison, Morehouse, Ouachita, Pointe Coupee, Richland, Tensas, and West Carroll. Such parishes shall be referred to in this Section as the "Delta" or the "Delta region". C. The purpose of the Delta initiative shall be to provide for a dynamic and comprehensive approach to planning, developing, and implementing solutions to problems of the Delta region in Louisiana by utilizing all possible available resources, and specifically to address problems related to poverty, education, health care, economic development and jobs, housing, and culture. D. To carry out the purpose of the Delta initiative and to plan, develop, and implement solutions to problems in the Delta region as provided in Subsection C of this Section, the center shall collaborate, consult, and coordinate with entities in the public and private sector with particular expertise and resources to provide effective solutions, including but not limited to the following: (1) The governor's Office on Rural Development. (2) Louisiana Department of Economic Development. (3) The Board of Regents. (4) Each public postsecondary education management board. (5) The University of Louisiana at Monroe and its Small Business Development Center. (6) The Southern Regional Education Board. (7) Louisiana State University Health Sciences Center at Shreveport. (8) The Delta Regional Authority. (9) The Louisiana State University AgCenter. (10) The Southern University AgCenter. (11) Delta Community College. (12) Louisiana Tech University. (13) Grambling State University. (14) Louisiana Center Against Poverty. (15) Northeast Economic Development District. (16) All other appropriate technical and community colleges located in the Delta region. E. The center shall plan, develop, and implement components of the Delta initiative to accomplish the purpose of the Delta initiative as provided in Subsection C of this Section. Such components shall include the following at a minimum and such other components as the center may identify or the legislature may suggest: (1) A government leadership academy. The center shall establish an academy to train elected local government officials to carry out their responsibilities. The academy also may provide training on management and operations issues, including legal aspects thereof, such as public records, ethics, purchasing and procurement, personnel management, financial management, conflict resolution, conduct of board meetings and board business, and leadership educational programs. (2) A rural entrepreneurship program, including a business incubator. The center shall spur the creation and sustainability of new rural businesses and shall implement a business incubator program that provides high-speed Internet access to give Delta business owners the necessary technological infrastructure to create new companies and expand into global markets. The center also shall teach adult entrepreneurs how to start and manage e-businesses, including how to establish storefront businesses on the Internet, how to develop web sites, and how to utilize an array of educational programs that can be accessed using distance education technology and regional partnerships with economic development institutions and organizations. The center also shall teach young people in the Delta region business management skills, such as marketing, finance, and economics, necessary to start and develop businesses, including how to buy and sell items on the Internet and provide opportunities for Delta young people to work with local retailers to expand their businesses into global markets.
Louisiana
2004
La. Stat. Ann. 45:844.41-56
The Local Government Fair Competition Act
Category: Competition and regulation
Topic: Municipal Broadband
States that cable, telecommunications, and advanced services be provided through fair competition for the following reasons: to provide the greatest diversity of news sources and information to the public; to encourage the widespread use and advancement of these technologies; to improve customer service and provide competitive rates; and to ensure local governments providing service do not discriminate against private providers.
Subjects a local government providing cable, telecommunications, or advanced services to applicable antitrust liabilities. Before offering services, a local government must hold a public hearing, contract with a consultant to conduct a feasibility study, and determine through the study that the annual revenues exceed the annual costs by at least the amount needed to meet bond obligations. Outlines the requirements of the feasibility study, including if the service will hinder or advance competition and the fiscal impacts on the local government. Following the feasibility study, the local government must hold two public hearings on the requirements of this section. Allows the local government to issue bonds to finance the system; however, the bond must be secured and paid for only through the revenue from the covered services. Prohibits cross-subsidization and the use of eminent domain by the local government. If a local government provides service, obligations of providers under existing contracts and franchises are suspended.
State Code
The legislature finds and declares that it is the policy of this state: (1) To ensure that cable television services and telecommunications and advanced services are provided through fair competition consistent with the federal Telecommunications Act of 1996, Pub. L. 104-104, in order to provide the widest possible diversity of information and news sources to the general public. (2) To advance the exercise of rights under the First Amendment of the Constitution of the United States. (3) To enhance the development and widespread use of technological advances in providing cable television services and telecommunications and advanced services. (4) To encourage improved customer service of cable television services and telecommunications and advanced services at competitive rates. (5) To ensure that cable television services and telecommunications and advanced services are each provided within a consistent, comprehensive, and nondiscriminatory federal, state, and local government framework. (6) To ensure that when a local government provides to its inhabitants cable television services, telecommunications services or advanced services, or any combination thereof, and competes with private providers whose activities are regulated by the local governmental entity, the local government does not discriminate against the competing providers of the same services. (7) To ensure that when a local government provides to its inhabitants cable television services, telecommunications services or advanced services, or any combination thereof, it will not be precluded from engaging in "bundling" those services or engaging in any other lawful business practice that its private-sector competitors are legally permitted to engage in.
Louisiana
2004
La. Stat. Ann. 45:844.42
The Local Government Fair Competition Act
Category: Other
Topic: Legislative Intent
Addresses legislative intent that cable, telecommunications, and advanced services be provided through fair competition in order to provide the greatest diversity of news sources and information to the public, to encourage the widespread use and advancement of these technologies, to improve customer service and provide competitive rates, and to ensure local governments providing service do not discriminate against private providers. Subjects a local government providing cable, telecommunications, or advanced services to applicable antitrust liabilities. Prior to offering services, a local government must hold a public hearing, contract with a consultant to conduct a feasibility study, determine through the feasibility study that the annual revenues exceed the annual costs by at least the amount needed to meet bond obligations. Outlines the requirements of the feasibility study, including if the service will hinder or advance competition and the fiscal impacts on the local government. Following the feasibility study, the local government must hold two public hearings meetings the requirements of this section. Allows the local government to issue bonds to finance the system; however, the bond must be secured and paid for only through the revenues from the covered services. Prohibits cross-subsidization and the use of eminent domain by the local government. If a local government provides service, obligations of providers under existing contracts and franchises are suspended.
State Code
The legislature finds and declares that it is the policy of this state: (1) To ensure that cable television services and telecommunications and advanced services are provided through fair competition consistent with the federal Telecommunications Act of 1996, Pub. L. 104-104, in order to provide the widest possible diversity of information and news sources to the general public. (2) To advance the exercise of rights under the First Amendment of the Constitution of the United States. (3) To enhance the development and widespread use of technological advances in providing cable television services and telecommunications and advanced services. (4) To encourage improved customer service of cable television services and telecommunications and advanced services at competitive rates. (5) To ensure that cable television services and telecommunications and advanced services are each provided within a consistent, comprehensive, and nondiscriminatory federal, state, and local government framework. (6) To ensure that when a local government provides to its inhabitants cable television services, telecommunications services or advanced services, or any combination thereof, and competes with private providers whose activities are regulated by the local governmental entity, the local government does not discriminate against the competing providers of the same services. (7) To ensure that when a local government provides to its inhabitants cable television services, telecommunications services or advanced services, or any combination thereof, it will not be precluded from engaging in "bundling" those services or engaging in any other lawful business practice that its private-sector competitors are legally permitted to engage in.
Louisiana
2004
La. Stat. Ann. 45:844.43(1)
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines advanced service as high-speed internet access capability above 144 kilobits per second.
State Code
(1) "Advanced service" means high-speed Internet access capability in excess of 144 kilobits per second both upstream and downstream.
Louisiana
2017
La. Stat. Ann. 45:844.81
Internet access; public airports
Category: Competition and regulation
Topic: Service Provision - Other
Allows public airports to provide free broadband access, as defined by the FCC, to airport patrons.
State Code
Any public airport may provide free access to broadband internet, as defined by the Federal Communications Commission, solely to patrons at the airport. Such broadband internet shall be procured in accordance with applicable state and local procurement laws and rules.
Louisiana
2020
La. Stat. Ann. 47:305.73
Rebates; sales and use tax for fiber-optic cable equipment
Category: Funding and financing
Topic: Tax Incentives
Makes providers who receive grants to provide internet in unserved census blocks from the Federal Communications Commission’s Rural Digital Opportunity Fund Auction eligible for rebates of 50% of state and local sales and use taxes on fiber-optic cable equipment used to bring fixed and mobile broadband networks to eligible unserved rural areas.
State Code
A.(1) A winning bidder that is awarded a census block by the Federal Communications Commission in the Rural Digital Opportunity Fund Auction, shall be eligible for a rebate of state and local sales and use taxes paid by the winning bidder on fiber-optic cable equipment used to distribute fixed and mobile broadband networks to eligible rural unserved areas in Louisiana. The amount of the rebate shall equal fifty percent of the sales and use tax paid by the winning bidder on fiber-optic cable equipment.
(2) The following words shall have the following meanings unless the context clearly indicates otherwise:
(a) "Fiber-optic cable equipment" means:
(i) Telecommunications fiber.
(ii) Wires.
(iii) Poles.
(iv) Supports.
(v) Lashing cable.
(vi) Conduit.
(vii) Communication handholes.
(viii) Customer premise equipment.
(b) "Unserved area" means an area that has service levels below the minimum acceptable level of fixed broadband service as defined in 7 U.S.C. 950bb(e)(1).
(3) Each item of fiber-optic cable equipment shall be eligible for only a single rebate pursuant to this Section. Subsequent transactions involving the sale or resale of the same item of fiber-optic cable equipment shall not be eligible for this rebate.
(4) The rebate authorized pursuant to this Section shall not be allowed for the purchases of fiber-optic cable equipment that are paid for with state or federal funds, unless the state or federal funds are reported as taxable income or are structured as repayable loans.
B. Requests for the rebates of state sales and use taxes pursuant to the provisions of this Section shall be processed by the Department of Revenue. A purchaser shall claim a state rebate using the form and in the manner prescribed by the Department of Revenue. The purchaser who claims a rebate shall submit documentation to the secretary of the Department of Revenue evidencing the purchase of fiber-optic cable equipment and documentation evidencing the purchaser is a winning bidder that was awarded a census block by the Federal Communications Commission in the Rural Digital Opportunity Fund Auction. The secretary of the Department of Revenue may promulgate rules in accordance with the Administrative Procedure Act as are necessary to implement the provisions of this Section, including rules to provide for the form and manner for claiming a rebate.
C. Requests for the rebate of local sales and use taxes pursuant to the provisions of this Section shall be processed by the appropriate local taxing authority. A purchaser shall claim a local rebate using the form and in the manner required by the local taxing authority. The purchaser who claims the rebate shall submit documentation to the local taxing authority evidencing the purchase of fiber-optic cable equipment and documentation evidencing the purchaser is a winning bidder that was awarded a census block by the Federal Communications Commission in the Rural Digital Opportunity Fund Auction. The Louisiana Uniform Local Sales Tax Board may promulgate rules and regulations in accordance with the Administrative Procedure Act as necessary for the implementation of this Section.
Louisiana
2020
La. Stat. Ann. 47:305.73 A. (2) (b)
Rebates; sales and use tax for fiber-optic cable equipment
Category: Definitions
Topic: Definition - Unserved
Defines “unserved area” as an area with fixed broadband download speeds below 25 megabits per second (Mbps) and upload speeds below 3 Mbps.
State Code
"Unserved area" means an area that has service levels below the minimum acceptable level of fixed broadband service as defined in 7 U.S.C. 950bb(e)(1).
Louisiana
2020
La. Stat. Ann. 51:1361 et seq.
The Office of Broadband and Connectivity
Category: Broadband programs
Topic: Office
States that the broadband deployment fund is aimed at helping local governments and the private sector construct broadband infrastructure in underserved or unserved areas and can receive appropriations from the General Assembly and funds from other public and private sources. Directs the Kentucky Infrastructure Authority to establish a grant program to allocate monies from the fund and to prioritize projects that serve the greatest number of unserved and underserved residents at the lowest cost
State Code
A. There is hereby created within the office of the governor the office of broadband and connectivity. The head of the office shall be the executive director of broadband and connectivity who shall be appointed by the governor to serve at his pleasure. The appointment shall be subject to Senate confirmation.
B. The executive director shall employ necessary staff to carry out the duties and functions of the office as provided in this Chapter, or as otherwise provided by law.
C. On or before February first of each year, the executive director shall prepare and submit to the governor, the House Committee on Commerce, the Senate Committee on Commerce, Consumer Protection, and International Affairs, and the Joint Legislative Committee on Technology and Cybersecurity, a comprehensive report to include, at a minimum, the following information:
(1) Activities undertaken by the office during the previous year.
(2) Data concerning broadband and other connectivity services in this state and expansion and deployment of these services.
(3) An assessment of the current availability and accessibility of broadband and other connectivity services in the state.
(4) A mapping initiative to identify availability of broadband to every home and business in the state.
(5) Availability and description of public or private grants available for the expansion or enhancement of broadband services and other connectivity services in the state.
(6) Recommendations for legislative proposals.
(7) Identification of resources to assist the office in performing its functions and duties.
D. The governor shall direct that all state agencies provide the executive director with assistance in advancing the purpose of the office and assure that the activities of the office are fully coordinated with the activities of state agencies providing related services...The office of broadband and connectivity, by and through the executive director or his employees, shall have the following functions, powers, and duties:
(1) To provide comprehensive information relating to broadband and connectivity in the state upon request to any person or government agency.
(2) To promote and encourage broadband adoption for households that have not accessed services.
(3) To study and identify barriers to households that have not adopted broadband services.
(4) To advise and assist any person or government agency in addressing particular broadband and connectivity needs, including cooperative efforts among such persons and agencies.
(5) To establish procedures to review and comment on the federal mapping initiative created by the Broadband DATA Act, P.L. 116-130 that precisely maps the availability of broadband services to every home and business in the state.
(6) To research programs relating to broadband and connectivity services and receive notification from every person and government agency engaged in the provision of broadband and connectivity services of program descriptions, appropriation data, and application procedures. The office shall maintain a listing of existing programs and advise persons or government agencies of their existence.
(7) To assist, upon request, applicant persons or government agencies in obtaining timely and efficient responses from state and federal agencies; to assist the applicants in consideration of program grant strategies; to assist state and federal agencies in cooperative approaches to address the needs of the applicants; and to provide technical assistance to government agencies in formulating and implementing broadband expansion and connectivity programs.
(8) To encourage the assistance of the private sector, including broadband service providers, to effectuate the deployment and access to broadband and other connectivity services to all residents of the state.
(9) To assist the governor and the legislature in the development and integration of a broadband deployment plan and long-range plans to more effectively and efficiently provide access to any new connectivity options.
(10) To analyze and make recommendations concerning proposed state legislation or programs that may affect the expansion of broadband and other connectivity services.
(11) To apply for, receive, and administer grants or financial assistance from persons or government agencies.
(12) To adopt and promulgate such rules and regulations, procedures, instructions, and forms as are deemed necessary to implement the functions, powers, and duties imposed upon the office by this Chapter in accordance with the provisions of the Administrative Procedure Act.
(13) To do all things necessary or convenient to carry out the functions, powers, and duties expressly set forth in this Chapter.
Maine
2013
10 Maine Rev. Stat. 1026-M
Regional economic development revolving loan program
Category: Funding and financing
Topic: Financing - Other
Creates a revolving loan fund for local, regional, and statewide nonprofit or governmental economic development corporations to create jobs and revitalize local economies. Eligible projects include advanced telecommunications.
State Code
1. Established. The Regional Economic Development Revolving Loan Program, referred to in this section as the "program," is established to provide financial assistance to businesses that need assistance in order to create or retain jobs. 7. Eligible projects. In order for a project or borrower to be eligible for financial assistance under the program, the following criteria must be met. A. The business for which funds are requested has 100 or fewer employees or annual sales of $10,000,000 or less, and it consists of or involves at least one of the following: (1) Manufacturing technologies, such as value-added wood products, specialty fabricated metal and electronic products, precision manufacturing and use of composites or advanced materials; (2) Technologies, such as advanced information systems, advanced telecommunications, energy and environmental products and services; (3) Value-added natural resource enterprises and biological and natural resource technologies, such as aquaculture, marine technology, agriculture, forestry products and biotechnology;
Maine
2015
30-A Maine Rev. Stat. 2203
Joint exercise of powers
Category: Competition and regulation
Topic: Municipal Broadband
Allows local governments to enter into cooperative agreements to provide municipal broadband.
State Code
9. Included powers. Without limiting the powers, privileges or authority that may be jointly or cooperatively exercised pursuant to this chapter, any 2 or more parties may enter into an agreement to establish a regional municipal utility district for any or all of the following purposes: A. To provide or, through public-private partnerships, to support or promote the provision of any of the following: (1) Broadband services; and (2) Internet services; and B. To issue revenue bonds in support of any of the activities undertaken pursuant to paragraph A.
Maine
2019
30-A Maine Rev. Stat. 4362
Small wireless facilities
Category: Infrastructure access
Topic: Small cell facilities
Requires small wireless facilities to be considered a permitted use within the public right-of-way, subject to permitting requirements and duly adopted, nondiscriminatory conditions.
State Code
Notwithstanding any zoning or land use ordinance to the contrary, a small wireless facility must be a permitted use within the public right-of-way, subject to permitting requirements and duly adopted, nondiscriminatory conditions otherwise applicable to permitted uses within the municipality and consistent with state and federal law, including, without limitation, any permitting requirements in Title 35-A, chapter 25. This section does not affect or alter the rights and responsibilities of a cable television company under the franchise agreement executed pursuant to section 3008, subsection 5.
Maine
2020
30-A Maine Rev. Stat. 5225, sub-1
Project costs
Category: Funding and financing
Topic: Tax Incentives
Authorizes costs associated with deploying nonresidential broadband infrastructure for purposes of tax increment financing districts as well as those for infrastructure to provide residential service if the ConnectMaine Authority considers the project’s service area to be unserved.
State Code
The commissioner shall review proposed project costs to ensure compliance with this subsection. Authorized project costs are: … C. Costs related to economic development, environmental improvements, fisheries and wildlife or marine resources projects, recreational trails, broadband service development, expansion or improvement, including connecting to broadband service outside the tax increment financing district, or employment training within the municipality or plantation, including, but not limited to: … (9) Costs associated with broadband and fiber optics expansion projects, including preparation, planning, engineering and other related costs in addition to the construction costs of those projects. If an area within a municipality or plantation is unserved with respect to broadband service, as defined by the ConnectMaine Authority as provided in Title 35-A, section 9204-A, subsection 1, broadband and fiber optics expansion projects may serve residential or other nonbusiness or noncommercial areas in addition to business or commercial areas within the municipality or plantation; and
Maine
2019
30-A Maine Rev. Stat. 5402, sub-1-A
Need for broadband systems
Category: Other
Topic: Legislative Intent
Declares that access to broadband is necessary to the general welfare of the public because it supports the economy, improves education and health care, and encourages people to move to the state.
State Code
Access to affordable, reliable, high-speed broadband Internet is necessary to the general welfare of the public, and the people of the State and its economy require connection to existing publicly built infrastructure as a means of cultivating entrepreneurial activity, attracting business, improving access to modernized methods of education and health care and encouraging people to move to this State.
Maine
2019
30-A Maine Rev. Stat. 5403, sub-15
Communications services systems; community broadband systems
Category: Competition and regulation
Topic: Municipal Broadband
Allows municipalities to construct, maintain, and operate a municipally owned broadband network and clarifies that state law allows municipalities to lease out networks they own.
State Code
A municipality may: … Construct, maintain and operate a municipal or multimunicipal system composed of infrastructure capable of being utilized by communications service providers for the provision of communications services. For the purposes of this subsection, "communications service" has the same meaning as in Title 35-A, section 9202, subsection 3 and "communications service provider" has the same meaning as in Title 35-A, section 9202, subsection 4.
Nothing in this chapter restricts a municipality from purchasing, leasing, constructing or equipping facilities that are designed to provide communications services. Nothing in this chapter restricts a municipality from using community broadband systems for internal municipal government purposes or, by written contract, leasing, selling capacity in or granting other similar rights to communications service providers to use the facilities in connection with the provider's offering communications services.
Maine
2019
30-A Maine Rev. Stat. 5413
Exemption from taxation
Category: Competition and regulation
Topic: Municipal Broadband
Exempts municipal broadband networks from taxes and makes proceeds from bonds to construct municipal broadband infrastructure tax-exempt.
State Code
As proper revenue-producing municipal facilities are essential for the health and safety of the inhabitants of the municipalities, and as the exercise of the powers conferred to effect these purposes constitutes the performance of essential governmental functions, and as municipal facilities acquired or constructed under this chapter constitute public property and are used for municipal purposes, no municipality may be required to pay any taxes or assessments upon any parking facility or system, water or sewer system , community broadband system or telecommunications system revenue-producing municipal facility, or any part of such a system, whether located within or outside the corporate limits of the municipality, or upon the income from those facilities. Any bonds issued under this chapter, and their transfer and the income from the bonds, including any profit made on the sale of the bonds, are free from taxation within the State, except that nothing in this section exempts any lessee or person in possession of a parking facility or part of a parking facility or the property so leased or possessed from taxes or assessments payable under Title 36, section 551.
Maine
2018
35-A Maine Rev. Stat. 2503
Notice
Category: Infrastructure access
Topic: Rights-of-way (Other)
Requires applicants applying to use facilities in the public right of way to notify the ConnectME Authority if the proposed facility is underground and more than 500 feet long.
State Code
2. Notice. The applicant may give public notice of the application by publishing its description of the proposed facility once in a newspaper circulated in the municipality or municipalities encompassing the limits of the proposed location. The applicant shall send a copy of any application filed with the Department of Transportation to the municipal clerk of each municipality in which the facilities are located, or to the clerk of the county commissioners in the case of facilities within an unorganized township, except that the applicant may, without publication of its application, place its facility described in its application on receipt of a permit from the licensing authority as may be otherwise provided. If a proposed facility is located underground and is in excess of 500 feet in length, the applicant shall, within 5 business days of submitting an application to the applicable licensing authority, provide the ConnectME Authority established in Title 5, section 12004-G, subsection 33-F a notice that includes a description and the location of the proposed facility.
Maine
2019
35-A Maine Rev. Stat. 2524
Municipal access to poles
Category: Infrastructure access
Topic: Pole attachments
Requires the owners of whatever facilities are attached to a shared-use pole to cover the cost of make-ready work to allow a municipality to attach equipment to that pole for public safety purposes or to provide municipal broadband in an unserved or underserved area.
State Code
Access to poles; make-ready requirements. Notwithstanding any provision of law to the contrary, for the purpose of safeguarding access to infrastructure essential to public health, safety and welfare, an owner of a shared-use pole and each entity attaching to that pole is responsible for that owner's or entity's own expenses for make-ready work to accommodate a municipality's attaching its facilities to that shared-use pole: A. For a governmental purpose consistent with the police power of the municipality; or B. For the purpose of providing broadband service to an unserved or underserved area.
Maine
2011
35-A Maine Rev. Stat. 7104
Affordable telephone service (Fund - Broadband)
Category: Funding and financing
Topic: Fund - Broadband
Directs the commission to pursue activities that maximize the level of federal support for voice providers providing voice and broadband service in the state.
State Code
8. Maximization of support. The commission shall pursue all activities necessary to maximize the amount of federal support received by voice service providers offering voice and broadband service in the State.
Maine
2011
35-A Maine Rev. Stat. 7104
Affordable telephone service (State Universal Service Fund)
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Authorizes the public utilities commission to require voice network service providers to contribute to a state Universal Service Fund. Directs the commission to pursue activities to maximize federal support for providers of voice and broadband service.
State Code
3. Authority. The commission shall adopt rules to implement this section and may require voice network service providers to contribute to a state universal service fund to support programs consistent with the goals of applicable provisions of this Title and the federal Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56. Prior to requiring that voice network service providers contribute to a state universal service fund, the commission shall assess the telecommunications needs of the State's consumers and establish the level of support required to meet those needs. If the commission establishes a state universal service fund pursuant to this section, the commission shall contract with an appropriate independent fiscal agent that is not a state entity to serve as administrator of the state universal service fund.
Maine
2017
35-A Maine Rev. Stat. 7104-B
Access to Information Services
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Requires the Public Utilities Commission to establish a telecommunications access fund, funded by a fee on voice network service providers, to provide funding for broadband services to schools and libraries.
State Code
2. Authority. Pursuant to the authority granted in section 7104 and in order to carry out the policy goals established by section 7101, subsections 1, 2 and 4, the commission shall establish a telecommunications education access fund, referred to in this section as the "fund," and require all voice network service providers providing service in the State to contribute to the fund. The fund must be available, with any accumulated interest, to qualified libraries, qualified schools and the Raymond H. Fogler Library at the University of Maine to assist in paying the costs of acquiring and using advanced telecommunications technologies.
Maine
2018
35-A Maine Rev. Stat. 711
Joint use of equipment
Category: Infrastructure access
Topic: Pole attachments
Allows the Public Utilities Commission to permit joint use and directs it to adopt rules for pole attachments to further the state broadband policy and ensure safe, nondiscriminatory access to poles, ducts, conduits, and right of way.
State Code
4. Rules. The commission shall adopt rules governing the resolution of pole attachment disputes and the rates, terms and conditions of joint use. The rules must promote competition, further the state broadband policy set forth in section 9202-A and ensure safe, nondiscriminatory access on just and reasonable terms. The rules must also include a process for ensuring that a new joint use entity seeking access to the poles, ducts, conduits or rights-of-way of another joint use entity meets the requirements of subsection 1, paragraph D. In establishing rates, the commission shall consider various formulas, including, but not limited to, the formula adopted by the Federal Communications Commission as codified in 47 Code of Federal Regulations, Part 1, Subpart J, as amended. Rules adopted or amended pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Maine
2015
35-A Maine Rev. Stat. 9202-5
Definitions (Definition - Underserved)
Category: Definitions
Topic: Definition - Underserved
Gives the ConnectME Authority the power to define "unserved" and "underserved" areas for the purpose of determining which areas are eligible for ConnectME grant funding.
State Code
Unserved or underserved area. "Unserved or underserved area" means an area that the authority pursuant to section 9204-A, subsection 1 determines to meet criteria established by the authority by rule adopted pursuant to section 9205, subsection 3.
Maine
2015
35-A Maine Rev. Stat. 9202-5
Definitions (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines unserved and underserved areas as those defined by criteria established by the ConnectME Authority under section 9204-A.
State Code
Unserved or underserved area. "Unserved or underserved area" means an area that the authority pursuant to section 9204-A, subsection 1 determines to meet criteria established by the authority by rule adopted pursuant to section 9205, subsection 3.
Maine
2015
35-A Maine Rev. Stat. 9202-A
State broadband policy
Category: Broadband programs
Topic: Goal
Sets broadband goals: 1) universally available broadband for residents, businesses, and Community Anchor Institutions; 2) secure, reliable, competitive, and sustainable infrastructure; 3) residents and businesses can take advantage of the economic opportunities provided by broadband.
State Code
1. Goals. The goals of the State related to broadband service are that: A. Broadband service be universally available in this State, including to all residential and business locations and community anchor institutions; B. There be secure, reliable, competitive and sustainable forward-looking infrastructure that can meet future broadband needs; and C. All residents, businesses and institutions in the State be able to take full advantage of the economic opportunities available through broadband service.
Maine
2020
35-A Maine Rev. Stat. 9203
ConnectMaine Authority
Category: Broadband programs
Topic: Office
Establishes the ConnectMaine Authority and defines membership and length of membership terms and specifies that the Department of Economic and Community Development shall staff the authority.
State Code
1. Establishment; membership. The ConnectMaine Authority is established to further the goals and policies in section 9202-A. The authority is created as a body corporate and politic and a public instrumentality of the State. The exercise by the authority of powers conferred by this chapter is considered to be the performance of essential governmental functions. The authority consists of the following 7 voting members: A. The chair of the Public Utilities Commission or the chair's designee; B. The Chief Information Officer of the State or the officer's designee; C. One representative of consumers, appointed by the Governor; D. Two members with significant knowledge of communications technology, appointed by the Governor; E. The Commissioner of Economic and Community Development or the commissioner's designee; and F. One member with significant knowledge of telemedicine as defined in Title 24-A, section 4316, subsection 1, appointed by the Governor. … 7. Staff; central broadband planning board. The Department of Economic and Community Development shall provide staff for the authority. That staff shall serve as the central broadband planning board for the State and shall support the authority in accordance with the provisions of this chapter.
Maine
2015
35-A Maine Rev. Stat. 9204-A
Duties of authority
Category: Broadband programs
Topic: Task Force
Defines the duties of the ConnectME Authority. These include: establishing criteria for defining unserved and underserved; promoting use of broadband; supporting local and regional broadband planning; supporting broadband investment; facilitating state support of infrastructure deployment; collecting and disseminating data on broadband availability; and administering the ConnectME Fund. Prohibits authority from supporting projects in areas that would have been served without state support. Also prohibits state from providing any broadband service directly.
State Code
1. Establish criteria defining unserved and underserved areas. The authority, by rule adopted pursuant to section 9205, subsection 3, shall establish criteria to define unserved and underserved areas with respect to broadband service. Criteria established by the authority to define unserved and underserved areas must include the percentage of households with access to broadband service within a municipality or other appropriate geographic area. The authority shall use these criteria to determine those areas of the State that are unserved or underserved. 2. Promote use of broadband service. The authority shall promote use of broadband service by identifying and sharing best practices that encourage use of broadband service, eliminating barriers to use of broadband service and facilitating and supporting public-private partnerships to increase use of broadband service. 3. Support local and regional broadband planning. The authority shall provide technical and financial assistance to communities in the State that include unserved and underserved areas to identify the need for broadband infrastructure and services and develop and implement plans to meet those needs.
Maine
2018
35-A Maine Rev. Stat. 9204-A (6-A)
Notice of construction
Category: Infrastructure access
Topic: Rights-of-way (Dig once)
Requires the ConnectME Authority to share information about proposed underground facilities with all parties that may be interested in installing broadband conduits.
State Code
6-A. Notice of construction. The authority shall disseminate information about a proposed underground facility that it receives in accordance with section 2503, subsection 2 in a manner that is accessible to all parties that may be interested in installing a broadband conduit in the area of the proposed underground facility.
Maine
2005
35-A Maine Rev. Stat. 9205
General powers
Category: Broadband programs
Topic: Task Force
Grants the ConnectME Authority the power to accept loans, grants, or other assistance from the federal government, and employ an executive director and other employees. Other powers include preparing project plans and facilities and collecting or fixing fees.
State Code
In order to carry out the purposes of this chapter, the authority has the following powers with respect to a project together with all powers incidental to or necessary for the performance of these powers: 11. Agreements; acceptions; contributions; aid; grants. To enter into agreements with and accept loans, aid, contributions, grants and the cooperation or assistance of the United States, or any agency of the United States, or of the State or any agency or governmental subdivision in furtherance of the purposes of this chapter, including, but not limited to, the development and financing of a project, and to do all things necessary in order to avail the authority of those loans, aid, contributions, grants and cooperation; 19. Executive director; other employees. To employ an executive director, consulting engineers, architects, attorneys, accountants, construction and financial experts and such other employees and agents as may be necessary in the authority's judgment;
Maine
2019
35-A Maine Rev. Stat. 9207
Collection of Data
Category: Broadband programs
Topic: Mapping
Authorizes the ConnectMaine Authority to collect data on broadband deployment, pricing, and revenue for developing broadband mapping information and encourages the authority to employ the same data formats as are used for mapping at the federal level whenever possible.
State Code
Subject to the provisions in this section, the authority shall collect annually from communications service providers and any wireless providers that own or operate advanced communications technology infrastructure in the State data concerning infrastructure deployment for the purpose of developing mapping information to assist the authority in implementing the provisions of section 9202-A; pricing data for advertised retail pricing for broadband services offered in the State; and revenue data for the purpose of assessing communications service providers subject to section 9211. The authority shall permit providers that have provided data to the authority at a level of detail that the authority has determined acceptable to continue to provide the data in the same format. For mapping data, the authority, whenever possible, shall use data formats consistent with data formats used for mapping at the federal level.
Maine
2019
35-A Maine Rev. Stat. 9208
Legislative oversight; report to committee
Category: Broadband programs
Topic: Task Force
Requires the ConnectMaine Authority to provide a report to the Legislature by Jan. 15 of each year containing its budget, programmatic activities, investment in the ConnectMaine Fund, and market conditions, including availability of advanced communications, technology infrastructure, and market competitiveness.
State Code
No later than January 15th of each year, the authority shall provide a report to the joint standing committee of the Legislature having jurisdiction over utilities matters that: 1. Budget. Includes a report on the budget of the authority; 2. Activities. Documents the activities of the authority, including a detailed description of the progress toward the goals and objectives established in the triennial strategic plan under section 9218; 3. Investments. Contains a listing of any investments of money in the ConnectMaine Fund, as established pursuant to section 9211, and a tracking of the infrastructure improvements resulting from the investments; and 4. Market conditions. Contains an analysis of the availability of communications services and advanced communications technology infrastructure, including an analysis of the competitive market in the State for communications services and advanced communications technology infrastructure and whether the communications services provided in the State are reasonably comparable to services provided regionally and nationwide.
After receiving a report under this section, the joint standing committee of the Legislature having jurisdiction over utilities matters may report out legislation relating to the authority.
Maine
2019
35-A Maine Rev. Stat. 9211
ConnectMaine Fund
Category: Funding and financing
Topic: Fund - Broadband
Establishes the ConnectMaine Fund, supported through an assessment on all communications services in the state, which must be clearly identified on customer bills, and administered through the ConnectMaine Authority. Also creates a surcharge of 10 cents per telephone line or number to support the fund.
State Code
1. ConnectMaine Fund established. The ConnectMaine Fund, referred to in this section as "the fund," is established as a nonlapsing fund administered by the authority for the purposes of supporting the activities and projects of the authority under this chapter. The ConnectMaine Fund may also be referred to as "the ConnectME Fund."
2. Assessment. After receiving authorization pursuant to Title 5, section 8072 to finally adopt major substantive rules under section 9205, subsection 3 or after January 15, 2007, whichever is later, the authority may require every communications service provider to contribute on a competitively neutral basis to the fund. The assessment may not exceed 0.25% of the revenue received or collected for all communications services provided in this State by the communications service provider. A facilities-based provider of wireless voice or data retail service may voluntarily agree to be assessed by the authority as a communications service provider under this subsection.
2-A. Surcharge; collection. Beginning January 1, 2020, in addition to the assessment imposed pursuant to subsection 2, a ConnectME surcharge of 10¢ per line or number is imposed. The assessment imposed pursuant to subsection 2 and the surcharge imposed pursuant to this subsection must be collected from the customer on a monthly basis by each communications service provider. Revenue must be deposited in the fund.
Maine
2015
35-A Maine Rev. Stat. 9211-A
Municipal Gigabit Broadband Network Access Fund
Category: Funding and financing
Topic: Fund - Broadband
Establishes a Municipal Gigabit Broadband Network Access Fund as a revolving fund administered by the ConnectME Authority to provide grants to municipalities, regional partnerships, and communities to support public-private partnerships for municipal gigabit network. To be funded through available federal funds, bond proceeds, and other public or private sources. Defines requirements for applicants.
State Code
2. Fund established. The Municipal Gigabit Broadband Network Access Fund is established as a nonlapsing, revolving fund administered by the authority for the purposes of supporting the activities and projects of the authority under this section. All money in the fund must be continuously applied by the authority to carry out this section. The authority may receive and deposit in the fund funds from the following sources: A. Federal funds and awards that may be used for the purposes of this section; B. The proceeds of bonds issued for the purposes of this section; and C. Any other funds from public or private sources received in support of the purposes for which the fund is established. 3. Purpose of the fund. The fund is established to address the need in the State for access to ultra high-speed broadband infrastructure that will enhance the State's competitiveness in national and international economies. To the extent funds are available, the fund must be used to provide grants to communities, regional partnerships and municipalities to support public-private partnerships to support a municipal gigabit fiber-optic broadband network in their regions
Maine
2005
35-A Maine Rev. Stat. 9212
Gifts and contributions
Category: Funding and financing
Topic: Fund - Broadband
Allows the ConnectME Authority to accept gifts and contributions to fund projects, including design, construction, and renovation.
State Code
The authority may accept gifts and contributions on behalf of the authority for the purpose of designing, constructing, reconstructing, renovating or acquiring a project. The authority, in accepting gifts of money, federal funds or other types of income, shall place this money in a special account for the purpose for which it is provided. The authority may invest the money in accordance with the purposes of this chapter, subject to any limitations imposed by the donor.
Maine
2020
35-A Maine Rev. Stat. 9217
Community broadband planning
Category: Broadband programs
Topic: Plan
Directs the ConnectMaine Authority to provide planning grants to municipalities or nonprofit local or regional economic development programs to expand broadband availability. Defines requirements for plans receiving funding.
State Code
The authority shall provide funds for broadband planning grants to municipalities, groups of municipalities or nonprofit local or regional community organizations that are providing local or regional economic development programs to develop plans to expand the availability of broadband services in unserved and underserved areas.
1. Elements of plans. Plans funded through grants under this section may include:
A. A description of local broadband needs and goals;
B. An inventory of existing broadband infrastructure assets within the municipality, municipalities or region;
C. A gap analysis defining the additional broadband infrastructure necessary to meet identified needs and goals;
D. One or more potential network designs, cost estimates, operating models and potential business models based on input from broadband providers operating within the municipality, municipalities or region and any other parties that submit a network design solution in the course of developing the plan to address any broadband gaps identified in paragraph C; and
E. An assessment of all municipal procedures, policies, rules and ordinances that have the effect of delaying or increasing the cost of broadband infrastructure deployment.
The authority shall make all plans developed using grant funds under this section available on the authority's publicly accessible website.
Maine
2015
35-A Maine Rev. Stat. 9218
Broadband service strategic plan
Category: Broadband programs
Topic: Plan
Directs the ConnectME Authority to draft a strategic broadband plan to address state broadband goals and the responsibilities of the authority (promoting use of broadband, supporting local and regional broadband planning, supporting broadband investment, facilitating state support of infrastructure deployment, collecting and disseminating data on broadband availability, and administering the ConnectME Fund).
State Code
1. Broadband service strategic plan. The authority shall draft a detailed, triennial strategic plan for broadband service that includes quantifiable measures of performance to carry out the duties in section 9204-A and to further the goals and policies in section 9202-A. The strategic plan must include, but is not limited to, budget allocations, objectives, targets, measures of performance, implementation strategies, timelines, a definition of "broadband" and other relevant information.
Maine
2013
36 Maine Rev. Stat. 5219-M
High-technology investment tax credit
Category: Funding and financing
Topic: Tax Incentives
Creates a high technology investment tax credit. Businesses can claim the credit for equipment bought or leased for high technology activity, which includes providing internet access and advanced telecommunications. The tax credit cannot exceed $100,000 or reduce tax liability to less than zero.
State Code
1-A. Credit allowed. The following persons are allowed a credit as follows. A. Unless entitlement to the credit is waived by the user pursuant to paragraph B: (1) A person engaged primarily in high technology activity that purchases and uses eligible equipment in that activity may claim a credit in the amount of that person's investment credit base subject to the limitations provided by subsection 4; or (2) A person engaged primarily in a high technology activity that leases and uses eligible equipment in that activity may claim a credit in the amount of the lease payments made on the eligible equipment in each tax year, except that if the eligible equipment is depreciable by that person for federal income tax purposes, the credit is based on that person's investment credit base subject to the limitations provided by subsection 4. [2001, c. 358, Pt. M, §3 (AMD); 2001, c. 358, Pt. M, §6 (AFF).]
Maine
2019
5 Maine Rev. Stat. 1541-B
Net Neutrality
Category: Competition and regulation
Topic: Net Neutrality
Requires state entities to get a written commitment from internet service providers that they will abide by net neutrality before providing funds to providers, either in the form of a broadband grant or a contract to provide service to state agencies.
State Code
A state entity may not commit state funds to an Internet service provider unless: A. The Internet service provider agrees in writing to provide net neutral service in the provision of broadband Internet access service: (1) Directly to the state entity; or (2) Across advanced communications technology infrastructure constructed with the use of the state funds; B. The state entity provides to the State Controller: (1) Notice of its intent to commit state funds to an Internet service provider; and (2) A written agreement from the Internet service provider that conforms to the requirements of paragraph A; and C. The State Controller finds that the requirements of paragraphs A and B have been satisfied and authorizes the state agency or instrumentality to commit state funds.
Maryland
2019
2019 Md. Laws, Chap. 14
Supplemental Capital Grant Program for Local School Systems
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Makes an appropriation to the Supplemental Capital Grant Program for Local School Systems, which can be used for E-rate-eligible special construction projects; specifies amounts to be awarded to individual school districts; and requires that localities match the state funds.
State Code
Supplemental Capital Grant Program for Local School Systems. Provide funds to local school systems with enrollment growth that over the last 5 years exceeds 150% of the statewide average or with 300 or more relocatable classrooms. These funds shall be administered in accordance with § 5–313 of the Education Article and can be used for grants to local boards of education for federal E–rate–eligible special construction such
as fiber and broadband infrastructure projects for federak E–rate–eligible applicants, provided that notwithstanding § 5–313 of the Education Article, $28,200,000 of this
authorization shall be distributed as follows: (1) Anne Arundel County … 1,860,000 (2) Baltimore County … 2,545,000 (3) Howard County … 1,276,000 (4) Montgomery County … 14,034,000 (5) Prince George's County … 8,485,000
Further provided that grants awarded by the Interagency Commission on School Construction under items (1) through (5) of this authorization shall be matched by local funds equal to the required local cost-share established in accordance with Title 5, Subtitle 3 of the Education Article … $68,200,000
Maryland
2020
Md. Code Corps. And Assoc. 5-607
Powers
Category: Competition and regulation
Topic: Cooperatives (Electric)
Allows electric cooperatives to construct, maintain, and operate broadband networks across property they own, have an easement on, or are permitted by a local government to use. Prohibits electric cooperatives from cross-subsidizing their electric and broadband lines of business.
State Code
(a) In general. -- A cooperative has the power to: (12) Construct, maintain, or operate or allow others to construct, maintain, or operate conducting or communications facilities that furnish telecommunications, broadband Internet access, or related services, along, on, under, or across:
(i) Real property, personal property, rights-of-way, and easements owned, held, or otherwise used by the cooperative; and
(ii) Publicly owned lands, roadways, and public ways, with the prior consent of the governing body of the municipal corporation or county in which the facilities are proposed to be constructed and under any reasonable regulations and conditions imposed by the governing body of the municipal corporation or county; (c) Allocation of costs incurred under subsection (a)(12). -- To ensure that electric customers do not subsidize the cost of broadband services, an electric cooperative shall allocate properly all costs incurred under subsection (a)(12) of this section between electricity-related services and broadband services.
Maryland
2020
Md. Code Corps. And Assoc. 5-635 et seq.
Voting for a member-regulated cooperative -- Requirements -- Board meetings
Category: Competition and regulation
Topic: Cooperatives (Electric)
Establishes guidelines of operation and reporting responsibilities of member-regulated cooperatives.
State Code
(a) (1) To operate as a member-regulated cooperative, a cooperative shall:
(i) Submit a request for a waiver from the application of affiliate regulations in accordance with COMAR 20.40.01.04; or
(ii) Conduct a vote of the cooperative's members in accordance with this section.
(2) The Commission shall expedite the review of a waiver requested under paragraph (1)(i) of this subsection...(a) Subject to subsection (b) of this section, within 180 days after providing a certification to the Commission under § 5-635(h) of this subtitle, the cooperative's board of directors, by a supermajority vote, shall:
(1) Adopt bylaws for the member-regulated cooperative; and
(2) Amend the cooperative's articles of incorporation to reflect the cooperative's conversion to being a member-regulated cooperative...(a) A member-regulated cooperative shall make available to its members:
(1) Rate schedules, tariffs, and terms and conditions of service;
(2) Financial and statistical information regarding:
(i) Operating revenues;
(ii) Revenues per rate class;
(iii) Number of members per rate class; and
(iv) Number of meters per rate class;
(3) Data and information concerning load management, energy conservation, and other similar programs;
(4) Information concerning ongoing consumer education programs; and
(5) Information concerning the member-regulated cooperative's performance, including income statements, balance sheets, and reliability data.
(b) A member-regulated cooperative may not adopt a new rate or increase or decrease its rates or charges for the services it provides unless the member-regulated cooperative provides to its members:
(1) Notice of the proposed rates;
(2) The opportunity to comment on the proposed rates; and
(3) The opportunity to observe the portion of the meeting in which the board of directors votes on the proposed rates...(a) On or before December 1 each year, a member-regulated cooperative shall report to the Senate Finance Committee and the House Economic Matters Committee, in accordance with § 2-1257 of the State Government Article, on the status of the deployment of broadband Internet service to the member-regulated cooperative's members.
Maryland
2019
Md. Code Corps. And Assoc. 5-641.1
Category: Infrastructure access
Topic: Rights-of-way (Easements)
Allows cooperatives to use existing electric easements for broadband even if those easements not explicitly authorize broadband use, and specifies the process by which cooperatives must notify property owners before exercising this right.
State Code
(b) This section applies only to a cooperative in the exercise of its authority under § 5–607(a)(12) of this subtitle to construct, maintain, or operate conducting or communications facilities within an electric easement that does not expressly provide for the construction, maintenance, or operation of conducting or communications facilities within the easement.
(c) (1) Except as provided in paragraph (3) of this subsection, a cooperative shall give notice to each owner of property subject to an electric easement at least 60 days before the cooperative:
(i) Constructs conducting or communications facilities within the easement; or
(ii) Makes capacity available for telecommunications, broadband Internet access, or related services within the electric easement.
(2) The cooperative shall give the notice required under this subsection by:
(i) Posting notice on the cooperative’s website; and
(ii) Including the notice with billing information such as a bill insert or bill message.
(3) The cooperative shall give the notice required under this section at the next following annual member meeting of the cooperative after the notice has been given under paragraph (2) of this subsection.
(4) The notice shall contain:
(i) A statement indicating the cooperative’s intent to use the electric easement by:
1. Constructing new conducting or communications facilities; or
2. Making capacity available for telecommunications, broadband Internet access, or related services through existing facilities; and
(ii) A written plan for making broadband Internet service available within the cooperative’s service territory.
Maryland
2008
Md. Code Econ. Dev. 13-502 et seq.
Established
Category: Broadband programs
Topic: Task Force
Establishes and sets membership rules for the Maryland Rural Broadband Coordination Board, and directs the board to aid the deployment of broadband communication infrastructure in rural and underserved areas of the state. Directs the Rural Maryland Council to provide staff support to the board and include its activities in the council’s annual report.
State Code
There is a Maryland Rural Broadband Coordination Board. (a) Membership. -- The Board consists of the following members:
(1) the Secretary, or the Secretary's designee;
(2) the Secretary of Transportation, or the designee of the Secretary of Transportation;
(3) the Secretary of Information Technology or the Director of Network Maryland as the designee of the Secretary of Information Technology;
(4) the chair of the Rural Maryland Council, or the chair's designee;
(5) the chair of the Tri-County Council for Southern Maryland, or the chair's designee;
(6) the chair of the Tri-County Council for Western Maryland, or the chair's designee;
(7) the chair of the Mid-Shore Regional Council, or the chair's designee;
(8) the chair of the Tri-County Council for the Lower Eastern Shore of Maryland, or the chair's designee; and
(9) the chair of the Upper Shore Regional Council, or the chair's designee.
(b) Chair. -- The Board shall elect a chair from among its members.
(c) Bylaws. -- The Board shall adopt bylaws to carry out this subtitle. The Board shall:
(1) assist in the deployment of broadband communication infrastructure in rural and underserved areas of the State;
(2) cooperate with public, private, and nonprofit entities to obtain, coordinate, and disseminate resources for the establishment of broadband communication services in rural and underserved areas of the State;
(3) review and approve the disbursement of funds under the Rural Broadband Assistance Fund under § 5-1102 of this article and any other federal, State, and private financial resources that may be provided to assist the establishment of broadband communication services in rural and underserved areas of the State; and
(4) perform other functions that are consistent with the intent of this subtitle. The Board and affected units of State government shall cooperate fully in carrying out the intent of this subtitle. The Rural Maryland Council shall:
(1) provide staff support to the Board; and
(2) report on the activities of the Board in the preceding fiscal year in the Council's annual report under § 13-416 of this title.
Maryland
2008
Md. Code Econ. Dev. 5-1102
Established
Category: Funding and financing
Topic: Fund - Broadband
Establishes the Rural Broadband Assistance Fund as a special, permanent fund administered by the Department of Economic Development for deploying broadband in rural and underserved areas. The fund includes money appropriated to it and to the Maryland Economic Development Assistance Fund for promotion of broadband access in rural and unserved areas, federal funds, as well as money from any other source accepted to benefit the fund.
State Code
(a) There is a Rural Broadband Assistance Fund in the Department. (b) The purpose of the Fund is to assist in the establishment of broadband communication services in rural and underserved areas of the State. (c) The Department shall administer the Fund. (d) (1) The Fund is a special, nonlapsing fund that is not subject to reversion under § 7–302 of the State Finance and Procurement Article. (2) The Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (e) The Fund consists of: (1) money appropriated in the State budget to the Fund; (2) money appropriated in the State budget to the Maryland Economic Development Assistance Fund under Subtitle 3 of this title for the purpose of assisting in the establishment of broadband communication services in rural and underserved areas of the State; (3) federal money allocated or granted to the Fund; and (4) any other money from any source accepted for the benefit of the Fund. (f) The Fund may be used only for planning, construction, and maintenance of broadband communication services and equipment in rural and underserved areas and related activities. (g) (1) The Treasurer shall invest the money in the Fund in the same manner as other State money may be invested. (2) Any investment earnings of the Fund shall be credited to the General Fund of the State. (h) The Department shall make payments from the Fund within 30 days after notice of a decision of the Board under § 13–504(3) of this article.
Maryland
2017
Md. Code Pub. Util. 8-201 (j)
Lifeline
Category: Competition and regulation
Topic: Regulatory Authority
States that the Public Service Commission does not have jurisdiction over broadband services.
State Code
(j) Nothing in this section may be construed to establish jurisdiction by the Commission over wireless services, broadband services, voice over Internet protocol services, or other services that are not provided through telephone lines.
Maryland
2019
Md. Code State Finance and Procurement 2-207
Rural Maryland Prosperity Investment Fund (Fund - Other)
Category: Funding and financing
Topic: Fund - Other
Establishes the Rural Maryland Prosperity Investment Fund to help raise rural areas’ standard of living to at least statewide benchmark standards. The fund can be used for multiple purposes, including broadband infrastructure.
State Code
(4) the objective of the Rural Maryland Prosperity Investment Fund is to help raise the overall standard of living in rural areas to a level that meets or exceeds statewide benchmark averages by 2030, while preserving the best aspects of a pastoral heritage and rural way of life; (5) resources provided to the Fund are designed to facilitate significant targeted investments in important economic, health care, and community development programs and promote regional and intergovernmental cooperation; (6) these investments will also enable local and regional public and nonprofit organizations to leverage additional nonstate financial and human resources to facilitate the realization of sustainable rural development objectives while the program is in effect; and (7) the Fund will serve the interests of the entire State by: (i) encouraging the increase of entrepreneurial activity and commerce and a balanced economy in the State; (ii) relieving conditions of unemployment and underemployment in rural areas; (iii) assisting in the retention of valuable farm and forest land for productive use by present and future generations; (iv) promoting intergovernmental cooperation and public sector/private sector partnerships in and between rural and other areas; (v) enhancing the deployment of housing, transportation, water, wastewater, and broadband communications infrastructure and services in rural areas; (vi) supporting rural commercial center redevelopment and community revitalization efforts; and (vii) generally promoting the health, happiness, safety, employment opportunity, and general welfare of the residents of each of the rural counties and municipal corporations of the State. (c) (1) There is a Rural Maryland Prosperity Investment Fund.
Maryland
2019
Md. Code State Finance and Procurement 2-207
Rural Maryland Prosperity Investment Fund (Legislative Intent)
Category: Other
Topic: Legislative Intent
Establishes the Rural Maryland Prosperity Investment Fund to help raise rural areas’ standard of living to at least statewide benchmark standards. The fund can be used for multiple purposes, including broadband infrastructure.
State Code
(b) The General Assembly finds that: (1) many rural communities in the State face a host of difficult challenges relating to persistent unemployment and poverty, changing technological and economic conditions, an aging population and an out–migration of youth, inadequate access to quality housing, health care and other services, and deteriorating or inadequate transportation, communications, sanitation, and economic development infrastructure; (2) Maryland’s agricultural and resource–based industries continue to underpin the local economies of rural communities but are increasingly under threat from national and international market competition, urban encroachment and land development pressure, and environmental and regulatory influences; (3) local governments, regional organizations, educational institutions, and private sector service providers have been unable to meet all the economic development, community development, health care, and human services needs of Maryland residents in the rural counties and municipal corporations because of a lack of adequate available capacity and resources;
Maryland
2017
Md. Code Tax. Gen. 8-401-4
Definitions
Category: Funding and financing
Topic: Tax Incentives
Exempts gross charges on internet services by a public service company from the definition of gross receipts for tax purposes.
State Code
For a public service company engaged in a telephone business in the State, gross receipts does not include: (i) gross charges from the sale by the public service company to another public service company subject to the tax imposed by this subtitle of a service or product for resale; (ii) gross charges from the sale by the public service company of Internet access service by which a connection is provided between a computer and the Internet; or (iii) gross charges from the sale of telecommunications service obtained by using a prepaid telephone calling arrangement, as defined in § 11–101 of this article.
Maryland
2018
Md. Code Transportation 8-654
Use of rights-of-way for installation of broadband communication infrastructure by nonprofit telecommunications services
Category: Infrastructure access
Topic: Rights-of-way (Other)
Directs the departments of Transportation, Information Technology, Natural Resources, and the Environment, as well as the Board of Public Works, to allow nonprofit telecommunications service providers to use any right of way easement in rural or unserved areas of the state without charge.
State Code
(a) The following units of the State shall allow the use of any right–of–way or easement for the installation of broadband communication infrastructure provided by nonprofit telecommunications services providers in rural and underserved areas of the State without imposition of any charge for the use of the right–of–way or the easement: (1) The Department of Transportation, including the State Highway Administration, the Maryland Transportation Authority, and the Maryland Transit Administration; (2) The Board of Public Works; (3) The Department of Information Technology; (4) The Department of Natural Resources; and (5) The Department of the Environment. (b) This section may not be construed to limit or otherwise affect any right granted to the State or a unit of the State under § 253 of the federal Telecommunications Act of 1996 with regard to for profit telecommunications services providers.
Maryland
2017
Md. Executive Order 01.01.2017.14
Office of Rural Broadband (Goal)
Category: Broadband programs
Topic: Goal
States Maryland’s goal of providing affordable, high-speed broadband access to every home by 2022.
State Code
Maryland has established a long-term vision to provide affordable high speed internet service to every Maryland home by the year 2022.
Maryland
2017
Md. Executive Order 01.01.2017.14
Office of Rural Broadband (Office)
Category: Broadband programs
Topic: Office
Creates the Office of Rural Broadband within the Department of Information Technology.
State Code
There is an Office of Rural Broadband (the "Office") in the Department of Information Technology
Massachusetts
2017
2017 Mass. Acts 133, sec. 2A (uncodified)
Executive Office of Housing and Economic Development
Category: Funding and financing
Topic: Fund - Broadband
Creates a grant program to provide funding for technical assistance, planning and studies, preparation of plans, design, network construction and modernization, and purchase of equipment or other capital assets necessary for broadband deployment. Appropriates $32 million to the fund.
State Code
1599-7065.. For a grant program to cities and towns to provide funding for capital purposes including, but not limited to, technical assistance, planning and studies, preparation of plans, designs and specifications, construction, modernization and reconstruction of facilities, infrastructure, equipment and other capital assets, related to the development, extension and deployment of broadband infrastructure under guidelines adopted by the secretary of housing and economic development………………………………………………………………………………….. $32,000,000
1599-7066.. For the Massachusetts Broadband Incentive Fund established in section 6C of chapter 40J of the General Laws………… $13,000,000
Massachusetts
2017
2017 Mass. Acts 133, sec. 4 (uncodified)
Executive Office of Housing and Economic Development
Category: Funding and financing
Topic: Financing - Other
Authorizes the state treasurer to sell up to $45 million in bonds to carry out the spending necessary for the broadband grant program. The bonds must be designated on their face, issued for a period not to exceed 20 years, and payable no later than June 30, 2042.
State Code
SECTION 4. To meet the expenditures necessary in carrying out section 2A, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from, time to time, but not exceeding, in the aggregate, $45,000,000. All such bonds issued by the commonwealth shall be designated on their face, Broadband Solutions Act of 2017, and shall be issued for a maximum term of years, not exceeding 20 years, as recommended by the governor to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. The bonds shall be payable not later than June 30, 2042. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Notwithstanding any other provision of this act to the contrary, bonds issued under this section and interest thereon shall be general obligations of the commonwealth.
Massachusetts
2018
2018 Mass. Acts 228 (56) (uncodified)
An Act Relative to Economic Development in the Commonwealth
Category: Competition and regulation
Topic: Municipal Broadband
Allows municipal broadband networks that have received grants from the executive office of housing and economic development or the Massachusetts Broadband Institute to provide internet service to unserved premises in adjacent municipalities.
State Code
Section 56. Notwithstanding any general or special law to the contrary, any city or town that has received a grant from the executive office of housing and economic development or Massachusetts Broadband Institute for purposes of constructing a municipally owned broadband network shall have the power and authority: (1) to provide internet access service to an unserved premises located in an adjacent municipality; provided, that any such city or town that has entered into an agreement with an adjacent city or town to expend its grant proceeds in a manner that provides broadband service to areas within the adjacent city or town shall, upon receipt of reimbursement from the adjacent city or town, credit the funds paid in reimbursement to the grant from which the expenses were originally paid and such funds shall become part of the grant to be expended according to the provisions of the grant agreement. (2) to accept or acquire an easement or other real property interest in an adjacent city or town for purposes of constructing, owning, maintaining and operating infrastructure for providing internet access service to its own residents or to an unserved premises located in an adjacent municipality. This section shall not apply to a municipally owned broadband network that is seeking to provide broadband service to premises already served by at least 1 broadband network.
Massachusetts
no date
Mass. Gen. Laws ch. 164 47E
Facilities for operation of telecommunications systems for municipal use; construction, purchase, lease and maintenance; debt
Category: Competition and regulation
Topic: Municipal Broadband
Allows a municipal lighting plant or a cooperative public corporation and municipal lighting plants that are members to construct, purchase or lease, and maintain facilities for a telecommunications system for municipal use. Allows the municipal lighting plant or corporation to incur debt for the necessary facilities. Further allows the municipal lighting plant or corporation to provide retail service.
State Code
A municipal lighting plant or a cooperative public corporation and any municipal lighting plant member thereof, established pursuant to this chapter or any general or special law may construct, purchase or lease, and maintain such facilities as may be necessary for the distribution or the operation of a telecommunications system for municipal use or for the use of its customers. Such municipal lighting plant may incur debt for such facilities by a vote taken in the manner prescribed pursuant to section 8 of chapter 44. Such cooperative may incur debt for such facilities pursuant to the provisions of section 47C. Such facilities may include suitable land, structure, machinery, other apparatus and appliances for operating a telecommunications system. Such cooperative or municipal lighting plant, which is engaged in the business of operating a telecommunications system, may, as a part of such business, if an appropriation is made therefor, rent, lease, or sell for cash or credit at prevailing retail prices, install and service, within the territory served by such business, merchandise, equipment, utensils and chattels of any description which are incidental or auxiliary to the operation of said telecommunications system or the use of its customers or are necessary or expedient in the protection or management of its property used in such business. Wherever apt, the provisions of this chapter and chapter 44, which apply to the operation and maintenance of a municipal lighting plant, shall apply also to the operation and maintenance of such telecommunications system.
Massachusetts
no date
Mass. Gen. Laws ch. 25C 6A
Voice over Internet Protocol service and Internet Protocol-enabled service; regulation prohibited
Category: Competition and regulation
Topic: Regulatory Authority
Prohibits any state agency from regulating internet service, except as explicitly allowed in law.
State Code
b) Except as set forth in subsections (c) to (f), inclusive, and notwithstanding any other general or special law to the contrary, no department, agency, commission or political subdivision of the commonwealth, shall enact, adopt or enforce, either directly or indirectly, any law, rule, regulation, ordinance, standard, order or other provision having the force or effect of law that regulates or has the effect of regulating, the entry, rates, terms or conditions of VoIP Service or IP enabled service.
Massachusetts
no date
Mass. Gen. Laws ch. 25C 8
Lack of jurisdiction over wireless service; effect on related regulatory and enforcement authority
Category: Competition and regulation
Topic: Regulatory Authority
Prohibits the Department of Telecommunications and Cable from regulating wireless services.
State Code
Section 8. (a) Notwithstanding chapter 159 or any other general or special law to the contrary, the department shall have no jurisdiction, general supervision, regulation or control over wireless service, including mobile radio telephone service or radio utilities.
Massachusetts
2008
Mass. Gen. Laws ch. 40J 6B (a)
Massachusetts Broadband Institute; board of directors
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband as high-speed internet access, as defined by the Massachusetts Broadband Institute. Specifies that the definition includes wireless internet access.
State Code
'Broadband'', high-speed internet access, including wireless internet access, and as may be further defined by the board.
Massachusetts
2008
Mass. Gen. Laws ch. 40J 6B (b)
Massachusetts Broadband Institute; board of directors
Category: Broadband programs
Topic: Task Force
Creates the Massachusetts Broadband Institute and assigns it the goal of achieving affordable and ubiquitous broadband access across the commonwealth. The institute’s duties include assessing and improving conditions in unserved communities; promoting broadband access for government services; promoting increased availability of and competition for broadband services; and creating conditions to encourage economic competitiveness and growth.
State Code
(b) The corporation shall establish an institute for investment in broadband infrastructure in the commonwealth, to be known as the Massachusetts Broadband Institute. The executive director of the corporation, subject to the approval of the board, shall appoint a qualified individual as director to manage the affairs of the institute. The purpose of the institute shall be to achieve the deployment of affordable and ubiquitous broadband access across the commonwealth. The objectives of the institute shall include: (i) assessing and improving broadband access conditions in communities that have no access or have limited or insufficient access to broadband; (ii) promoting robust broadband access for essential state and local governmental services including, without limitation, public safety, health and education; (iii) promoting increased availability of, and competition for, broadband access and related services; and (iv) creating conditions that will encourage economic competitiveness and growth. The first priority of the institute shall be to assess and improve conditions in the commonwealth's communities that have no broadband access.
Massachusetts
2008
Mass. Gen. Laws ch. 40J 6B (c)
Massachusetts Broadband Institute; board of directors
Category: Broadband programs
Topic: Task Force
Specifies the composition of the board of directors.
State Code
(c) The institute shall be governed and its corporate powers exercised by a board of directors, which shall consist of the following 9 members: the secretary of administration and finance or his designee; the secretary of housing and economic development, who shall serve as chair; the commissioner of telecommunications and cable or his designee; the executive director of the corporation or his designee; and the chairman of the governing board of the John Adams Innovation Institute or his designee; and 4 members to be appointed by the governor, all of whom shall have knowledge and experience in 1 or more of the following areas: telecommunications, broadband infrastructure, public-private partnership development, information technology or other fields of experience consistent with the mission of the institute.
Massachusetts
2008
Mass. Gen. Laws ch. 40J 6B (d)
Massachusetts Broadband Institute; board of directors (Agency)
Category: Broadband programs
Topic: Agency
Describes powers and duties of the Massachusetts Technology Park Corp. regarding broadband. The corporation shall leverage private and federal investment to finance the construction and acquisition of broadband infrastructure, including fiber and towers, and promote adoption. The corporation may acquire equipment for the state or other public entity to lease out to the private sector for a fee, and may make grants to public, nonprofit, or for-profit entities to finance broadband equipment or other property.
State Code
(d) The corporation shall leverage private sector and federal investment by financing the construction and acquisition of broadband infrastructure to promote the development of broadband access and may undertake any other actions considered appropriate by the corporation to promote broadband adoption and usage and expand the public benefits associated with broadband deployment in the commonwealth, particularly among vulnerable or disadvantaged populations that underutilize broadband technologies. This broadband infrastructure shall include, but not be limited to, conduit, fiber and towers. The corporation may: (i) finance or acquire equipment or other property to be owned by the corporation, the commonwealth or 1 or more other public entities, where the equipment or other property may be leased or licensed by the corporation for a fee or otherwise for use by public entities or nonprofit or for-profit private sector entities; and (ii) make grants to 1 or more public entities or nonprofit or for-profit private sector entities for the financing or acquisition of equipment or other property, subject in all cases to conditions the corporation's board may determine appropriate to protect the public interest.
Massachusetts
2008
Mass. Gen. Laws ch. 40J 6B (d)
Massachusetts Broadband Institute; board of directors (Rights-of-way)
Category: Infrastructure access
Topic: Rights-of-way (Other)
Authorizes the Department of Highways to lease property to expand broadband access.
State Code
Notwithstanding any general or special law or rule or regulation to the contrary, the department of highways may lease or license for a term not to exceed 25 years any interest in real property deemed appropriate by the corporation and the commissioner of highways to promote the objectives of this chapter.
Massachusetts
2008
Mass. Gen. Laws ch. 40J 6B (e)
Massachusetts Broadband Institute; board of directors
Category: Broadband programs
Topic: Mapping
Requires the Massachusetts Broadband Institute to conduct a mapping program and map areas without service, the location of infrastructure that could support service provision, locations where new infrastructure may be necessary, and the speed and cost of access at different locations.
State Code
(e) The board shall collect information from reasonably available sources including, but not limited to: municipalities and other public entities and agencies of the commonwealth, local and regional nonprofit entities and telecommunications and broadband service providers to develop and maintain an inventory of: (i) locations where telecommunications and broadband services are not available in the commonwealth; (ii) locations where telecommunications and broadband infrastructure is available or is likely to be available to support the provision of services to unserved and underserved areas; (iii) locations where new infrastructure may be necessary to support the provision of services to unserved and underserved areas; (iv) the quality of such services, including, but not limited to, speed of data transmission and cost of such services; and (v) any other relevant information as the board may deem necessary.
Massachusetts
2008
Mass. Gen. Laws ch. 40J 6B (f-g)
Massachusetts Broadband Institute; board of directors
Category: Broadband programs
Topic: Plan
Requires the institute’s board to establish a plan for its operation and administration of the fund.
State Code
(f) The board shall establish a detailed long-term plan for the operation of the institute and the administration of the fund and shall consult with the joint committee on telecommunications, utilities and energy and the joint committee on economic development and emerging technologies on the plan.
…
(g) The board shall annually adopt an operating plan governing disbursements from the fund and, to the extent the plan provides for disbursement of appropriations or other moneys authorized by the general court, the plan shall be subject to the approval of the secretary of housing and economic development and the secretary of administration and finance.
Massachusetts
2008
Mass. Gen. Laws ch. 40J 6C
Massachusetts Broadband Incentive Fund
Category: Funding and financing
Topic: Fund - Broadband
Creates the Massachusetts Broadband Incentive Fund, administered by the Massachusetts Technology Park Corp., to finance the activities of the Massachusetts Broadband Institute.
State Code
The corporation shall establish a fund to be known as the Massachusetts Broadband Incentive Fund. The corporation shall hold the fund separate and apart from its other funds, to finance the activities of the institute. The corporation shall credit to the fund any appropriations, bond proceeds or other moneys authorized by the general court and specifically designated to be credited to the fund, and any other moneys legally available to the corporation which the board of the corporation may determine to deposit in the fund.
Michigan
2018
Mich. Comp. Law 21.604
Michigan infrastructure council; duties; annual report; statewide asset management system
Category: Competition and regulation
Topic: Municipal Broadband
Defines the duties of the Michigan Infrastructure Council, focusing on evaluation of a regional pilot and development of a strategy for a statewide integrated asset management system. States that the strategy for establishing the system and the second phase for implementation shall not propose, recommend, or fund any government-owned broadband or telecommunications network to provide service to end users, though expenditures of state funds for transportation purposes and connected vehicle technologies are exempted. If funding is recommended to subsidized nongovernment-owned broadband networks, it must be limited to unserved areas, and the proposal process must be competitive and technology neutral.
State Code
(2) The multiyear programs, work plans, budgets, and funding recommendations required in subsection (1)(a), the annual reports required by subsection (1)(c), the 3-year strategy for establishing a statewide integrated asset management system required by subsection (1)(e), and the second phase of the statewide system for asset management implementation required in subsection (1)(f) shall comply with both of the following: (a) Not propose, recommend, or fund any government-owned broadband or telecommunications network to provide service to residential or commercial premises, except that this prohibition does not apply to state expenditures for a transportation purpose, connected vehicle communication technologies, or other transportation-related activities. (b) To the extent government funding is proposed or recommended to subsidize non-government-owned broadband networks to expand service to residential or commercial premises, require that the proposals and recommendations must be limited to areas unserved by broadband, must be technology neutral, and include a competitive bid process that results in the award of the subsidy based on objective and efficient procedures.
Michigan
2012
Mich. Comp. Law 286.947
Expenditures; requests for project proposals; determinations; prohibited expenditures; matching funds
Category: Competition and regulation
Topic: Municipal Broadband
States that money from the Rural Development Fund cannot be used for construction of telecommunications facilities operated by an educational institution or affiliate, a unit of local government, or any other governmental entity or of any telecommunications or wireless facilities in areas where broadband service at Speed of at least 3 megabits per second for downloads and 768 kilobits per second for uploads is available.
State Code
Sec. 7. (1) Money in the fund shall be expended, upon legislative appropriation, for all of the following: (a) Grants, loans, and loan guarantees to fund projects identified under subsection (3). (b) Administrative expenses of the department in implementing this act. (c) Not more than $250,000.00 of the revenue received during each state fiscal year may be transferred to the nonferrous metallic mineral surveillance fund created in section 63217 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.63217. (2) The department shall solicit requests for project proposals to be funded with money from the fund from individuals, organizations, businesses, local units of government, federally recognized tribes, and educational institutions. (3) The department, with the advice of the board, shall determine which projects should be funded with money from the fund, based on the criteria established by the board under section 6. However, money from the fund shall not be expended for any of the following: (a) Projects that include telecommunication facilities owned or operated by an educational institution or an affiliate, a local unit of government, or any other governmental entity. (b) The construction of telecommunication facilities or wireless telecommunication facilities in areas where broadband service of at least 3 mbps downstream and 768 kbps upstream is available. (4) Grants from the fund may be used to provide matching funds for other available grants, as allowed by law.
Michigan
2008
Mich. Comp. Law 445.2025
Transfer of powers and duties of Department of Agriculture relating to biofuels, biogas, and biomass to Department of Labor and Economic Growth; transfer of renewable fuels commission from Department of Agriculture to Department of Labor and Economic Growth; transfer of powers and duties of pollution prevention programs unit and field services unit of environmental science and services division relating to energy policy from Department of Environmental Quality to Department of Labor and Economic Growth; transfer of energy advisory committee to Department of Labor and Economic Growth by type III transfer; transfer of Michigan Broadband Development Authority and its board of directors to Michigan State Housing Development Authority and certain functions to Michigan public service commission; transfer of Michigan superconductor commission to Department of Labor and Economic Growth by type III transfer; transfer of certain functions of broadband development authority to Department of Information Technology by type III transfer; renaming Department of Labor and Economic Growth as Department of Energy, Labor, and Economic Growth; rescission of E.O. 2006-14 and E.O. 2003-8
Category: Broadband programs
Topic: Agency
Transfers the authority, functions, and funds of the Michigan Broadband Development Authority, as established under the Michigan Broadband Development Authority Act, 2002 PA 49, Mich. Comp. Law 484.3201 to 484.3225 to the Michigan State Housing Development Authority. Transfers the authorities of the Michigan Broadband Development Authority under Section 7(1)(d) of the Michigan Broadband Development Authority Act, 2002 PA 49, MCL 484.3207(1)(d) to the Michigan Public Service Commission (“(d) To be designated the state program manager for federal telecommunications assistance, to represent this state in negotiations with the federal government regarding telecommunications assistance, and to receive and distribute federal funding, including loans, grants, and other forms of funding and assistance on this state’s behalf”).
State Code
D. Michigan Broadband Development Authority 1. Except as provided in Section II.D.2 and Section IV, the authority, powers, duties, functions, responsibilities, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including, but not limited to, the functions of budgeting and procurement, of the Michigan Broadband Development Authority and the Board of Directors of the Michigan Broadband Development Authority under the Michigan Broadband Development Authority Act, 2002 PA 49, MCL 484.3201 to 484.3225, are transferred to the Michigan State Housing Development Authority. 2. The authority, powers, duties, functions, responsibilities, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including, but not limited to, the functions of budgeting and procurement, of the Michigan Broadband Development Authority under Section 7(1)(d) of the Michigan Broadband Development Authority Act, 2002 PA 49, MCL 484.3207(1)(d), are transferred to the Michigan Public Service Commission. The Michigan Public Service Commission shall exercise the authority, powers, duties, functions, and responsibilities transferred under this paragraph independently of the Director of the Department of Labor and Economic Growth. 3. Except for the transfer under Section II.D.1, nothing in this Order shall alter the statutory authority, powers, duties, functions, and responsibilities of the Michigan State Housing Development Authority, which remain with the Authority. All records, property, personnel, monies, and funds of the Authority, including, but not limited to, bonds, notes, reserves, and trust funds, remain under the control of the Authority, subject to any agreements of the Authority with note and bond holders. 4. Upon the completion of the transfer to the Michigan State Housing Development Authority under Section II.D, the Authority shall continue to exercise its legal authority, powers, duties, functions, and responsibilities independently of the Director of the Department of Labor and Economic Growth. The budgeting, procurement, and related management functions of the Authority shall be performed under the direction and supervision of the Director of the Department. When directing and supervising the budgeting, procurement, and related management functions of the Authority, the Director of the Department shall remain cognizant of the rights of the holders of Authority bonds or notes. Certain Authority bond and note contracts may require the Authority to either maintain sufficient personnel or contract for services to plan Authority programs and to supervise enforcement and, where necessary, foreclosure of Authority mortgage agreements. 5. The transfers under Section II.D are subject to any agreement executed prior to the issuance of this Order with note holders, bond holders, or issuers of instruments that are guaranteed. 6. Nothing in this Order shall be construed to affect the status of moneys of the Michigan State Housing Development Authority. Moneys of the Authority are not moneys of this state. State funds appropriated to the Authority lose their identity as state funds upon payment to the Authority and become public funds of the Authority solely under the control of the Authority. Funds established by the Authority are public trust funds administered by the Authority. 7. Nothing in this Order shall be construed to impair the obligation of any bond or note issued by the Michigan State Housing Development Authority. Bonds and notes issued by the Authority are obligations of the Authority and not obligations of this state.
Michigan
2011
Mich. Comp. Law 484.2102
Definition
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband service as retail service capable of transmitting data over an access line at speeds greater than 200 kilobits per second.
State Code
(c) "Broadband service" means a retail service capable of transmitting data over an access line at a rate greater than 200 kilobits per second.
Michigan
2005
Mich. Comp. Law 484.2252
Telecommunication services offered by public entity
Category: Competition and regulation
Topic: Municipal Broadband
Allows a public entity to provide telecommunications services within its boundaries if it has complied with the requirements of Mich. Comp. Law 484.3114 and met the requirements of this section, which include issuing a request for competitive sealed bids to provide telecommunications services and receiving less than three qualified bids from private providers in a 60-day time frame and providing services only within the public entity’s boundaries. Allows two or more public entities to jointly request bids and allows a public entity to contract with another public entity if no bids are received.
State Code
Sec. 252. (1) A public entity may provide telecommunication services within its boundaries if the public entity has complied with the requirements of section 14 of the metropolitan extension telecommunications right-of-way oversight act, 2002 PA 48, MCL 484.3114, and all of the following apply: (a) The public entity has issued a request for competitive sealed bids to provide telecommunication services. (b) The public entity has received less than 3 qualified bids from private providers. (c) It is more than 60 days from the date the request for bids was issued. (d) The public entity is providing the telecommunication services under the same terms and conditions as required under the request for bids issued pursuant to subdivision (a). (2) Except as provided under subsection (3), a public entity shall not provide telecommunication services outside its boundaries. (3) Two or more public entities may jointly request bids under subsection (1) and provide telecommunication services if all participating public entities meet the requirements of this section. If a public entity does not receive a qualified bid as required under subsection (1), the public entity may contract with another public entity to receive telecommunication services. (4) A public entity shall not establish a board or other entity for the purpose of providing regulation of a private provider of services under this section. (5) This section does not apply to all of the following: (a) Public safety systems. (b) Systems used only for the internal use of the public entity or for the sharing of information between the public entity and another public entity. (c) A public entity that is currently providing telecommunication services or that has held a public hearing by November 1, 2005 on a proposal to provide telecommunication services, or has issued a request for bids by November 1, 2005 to provide telecommunication services, or has an enforceable contract to begin construction of a telecommunication system by November 1, 2005. (d) A public entity that is currently providing service in another public entity's boundaries. (e) Services offered by a public entity to the public within a facility owned and operated by the public entity. (f) Systems or services used or offered by 1 or more public entities or consortiums to advance or promote the public health, safety, and provision of e-government services. (6) This section may not be construed to prevent a municipally-owned utility from providing to its energy customers, either directly or indirectly, any energy related service involving the transfer or receipt of information or data concerning the use, measurement, monitoring, or management of energy services provided by the municipally-owned utility, including services such as load management or automated meter reading. (7) As used in this section, "public entity" means a county, city, village, township, or any agency or subdivision of the public entity.
Michigan
2002
Mich. Comp. Law 484.3108
Maintenance fee (Tax Incentives)
Category: Funding and financing
Topic: Tax Incentives
Allows a provider to apply to the Public Service Commission for a determination of the maximum amount of credit available under section 13b(5) of Mich. Comp. Law 207.13b. Addresses application requirements and timeline for determination by the commission. Defines the maximum credit that can be claimed.
State Code
(14) A provider may apply to the commission for a determination of the maximum amount of credit available under section 13b(5) of 1905 PA 282, MCL 207.13b. Each application shall include sufficient documentation to permit the commission to accurately determine the allowable credit. Except as otherwise provided under subsection (15), the commission shall issue its determination within 45 days from the date of the application. Upon certification by the commission of the documentation provided in subdivisions (a) and (b), a provider shall qualify for a credit equal to the costs paid under this act, less the amount of any credit determined under section 13b(1) of 1905 PA 282, MCL 207.13b, and shall not be subject to subsection (16) if the provider files the following documentation under this subsection: (a) Verification of the costs paid by the provider under this act. (b) Verification that the provider's rates and charges for basic local exchange service, including revenues from intrastate subscriber line or end-user line charges, do not exceed the commission's approved rates and charges for those services. (15) If the commission finds that it cannot make a determination based on the documentation required under subsection (14), it may require the provider to file its application under section 203 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2203. (16) The maximum credit allowed under subsection (14) or (15) shall be the lesser of the following: (a) The costs paid under this act, less the amount of any credit determined under section 13b(1) of 1905 PA 282, MCL 207.13b. (b) The amount that the costs paid under this act, together with the provider's total service long run incremental cost of basic local exchange service, exceeds the provider's rates for basic local exchange service plus any additional charges of the provider used to recover its total service long run incremental cost for basic local exchange service. “Total service long run incremental cost” means that term as defined in section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2102. (17) The tax credit allowed under subsections (14) and (15) shall be the sole method of recovery for the costs required under this act. A provider shall not recover the costs required under this act through rates and charges to the end-users for telecommunication services.
Michigan
2002
Mich. Comp. Law 484.3108
Maintenance fee (Rights-of-way)
Category: Infrastructure access
Topic: Rights-of-way (Other)
Addresses the maintenance fee for space occupied by the provider in the public right of way to be collected by the Metropolitan Authority and disbursed to each municipality. A waiver may be granted to a provider providing service in unserved areas with the approval of two-thirds of municipalities and the waived fee will be deducted from the fee revenue the municipality would otherwise be entitled to.
State Code
(21) The authority may grant to a provider a waiver of the fee requirement of this section for telecommunication facilities located in underserved areas as identified by the authority if 2/3 of the affected municipalities approve the granting of a waiver. If a waiver is granted under this subsection, the amount of the waived fees shall be deducted from the fee revenue the affected municipalities would otherwise be entitled under sections 11 and 12. A waiver granted under this subsection shall not be for more than 10 years. As used in this subsection, “underserved area” means that term as defined under section 7 of the Michigan broadband development authority act.
Michigan
2002
Mich. Comp. Law 484.3114
Telecommunication or cable modem service through broadband internet access transport service; requirements; exceptions; violation; complaint
Category: Competition and regulation
Topic: Municipal Broadband
Requires a local government to hold at least one public hearing before adopting an ordinance or resolution allowing the local government to construct facilities or provide services and to prepare a three-year cost-benefit analysis with projected direct costs and revenue at least 30 days before the hearing. Requires that terms for right of way access and pole attachments not be less burdensome or more favorable toward the municipality than toward other providers.
State Code
Sec. 14. (1) Except as otherwise provided by subsection (2), a county, municipality, or an affiliate, shall comply with all of the following requirements: (a) Before the passage of any ordinance or resolution authorizing a county or municipality to either construct telecommunication facilities or provide a telecommunication or cable modem service provided through a broadband internet access transport service, a county or municipality shall conduct at least 1 public hearing. A notice of the public hearing shall be provided as required by law. (b) Not less than 30 days before the hearing required under subdivision (a), the county or municipality shall prepare reasonable projections of at least a 3-year cost-benefit analysis. This analysis shall identify and disclose the total projected direct costs of and the revenues to be derived from constructing the telecommunication facilities and providing the telecommunication or cable modem service through a broadband internet access transport service. The costs shall be determined by using accounting standards developed under the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a. (c) A county or municipality shall prepare and maintain accounting records in accordance with accounting standards developed under the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a. The accounting records required under this subdivision are subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (d) Charges for telecommunication service and cable modem services provided through a broadband internet access transport service shall include all of the following: (i) All capital costs attributable to the provision of the service. (ii) All costs attributable to the provision of the service that would be eliminated if the service was discontinued. (iii) The proportionate share of costs identified with the provision of 2 or more county or municipal services including telecommunication services. (e) A county or municipality that provides a telecommunication service or cable modem service provided through a broadband internet access transport service shall not adopt an ordinance or a policy that unduly discriminates against another person providing the same service. Subject to other requirements of this section, this subsection shall not be construed as precluding a county or municipality from establishing rates different from those of another person providing the same service. (f) In providing a telecommunication or cable modem service provided through a broadband internet access transport service, a municipality shall not employ terms more favorable or less burdensome than those imposed by the municipality upon other providers of the same service within its jurisdiction concerning access to public rights-of-ways. (g) A municipality shall not impose or enforce against a provider any local regulation with respect to public rights-of-way that is not also applicable to the municipality in its provision of a telecommunication or cable modem service provided through a broadband internet access transport service. (h) In providing a telecommunication or a cable modem service provided through a broadband internet access transport service, a municipality shall not employ terms more favorable or less burdensome than those imposed by the municipality upon other providers of the same service within its jurisdiction concerning access to and rates for pole attachments. (2) Subsection (1) does not apply to either of the following: (a) Telecommunication facilities constructed and operated by a county, municipality, or an affiliate, to provide telecommunication service or a cable modem service provided through a broadband internet access transport service that is not provided to any residential or commercial premises. (b) Telecommunication facilities that are owned or operated by a county, municipality, or an affiliate for compensation, and that are located within the territory served by the county, municipality or its affiliate that provided a telecommunications service or a cable modem service provided through broadband internet access transport service before December 31, 2001 or that allowed any third party to use the county's or municipality's telecommunication facilities for compensation before December 31, 2001, to provide such a service. (3) If a complaint is filed under section 18 alleging a violation of this section, the commission shall allow a county or municipality to take reasonable steps to correct a violation found by the commission before the commission imposes any penalties. (4) The commission, in reviewing a complaint under subsection (3), shall consider, in determining whether charges imposed by a county or municipality are in compliance with subsection (1), the applicable federal, state, county, and local taxes and fees paid by the complainant or providers serving that county or municipality.
Michigan
2018
Mich. Comp. Law. 125.4611
New board; powers
Category: Other
Topic: Other
Outlines the powers of the governing body of a corridor improvement authority, which include contracting for broadband and wireless technology service in a development area (as defined in Mich. Comp. Law 125.4605), making necessary site improvements including broadband and high-speed internet, and incurring expenses associated with the necessary site improvements. This section is effective Jan. 1, 2019.
State Code
Sec. 611. (1) The board may do any of the following: (a) Prepare an analysis of economic changes taking place in the development area. (b) Study and analyze the impact of metropolitan growth upon the development area. (c) Plan and propose the construction, renovation, repair, remodeling, rehabilitation, restoration, preservation, or reconstruction of a public facility, an existing building, or a multiple-family dwelling unit which may be necessary or appropriate to the execution of a plan which, in the opinion of the board, aids in the economic growth of the development area. (d) Plan, propose, and implement an improvement to a public facility within the development area to comply with the barrier free design requirements of the state construction code promulgated under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. (e) Develop long-range plans, in cooperation with the agency that is chiefly responsible for planning in the municipality, designed to halt the deterioration of property values in the development area and to promote the economic growth of the development area, and take steps as may be necessary to persuade property owners to implement the plans to the fullest extent possible. (f) Implement any plan of development in the development area necessary to achieve the purposes of this part in accordance with the powers of the authority granted by this part. (g) Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties. (h) On terms and conditions and in a manner and for consideration the authority considers proper or for no consideration, acquire by purchase or otherwise, or own, convey, or otherwise dispose of, or lease as lessor or lessee, land and other property, real or personal, or rights or interests in the property, that the authority determines is reasonably necessary to achieve the purposes of this part, and to grant or acquire licenses, easements, and options. (i) Improve land and construct, reconstruct, rehabilitate, restore and preserve, equip, improve, maintain, repair, and operate any building, including multiple-family dwellings, and any necessary or desirable appurtenances to those buildings, within the development area for the use, in whole or in part, of any public or private person or corporation, or a combination thereof. (j) Fix, charge, and collect fees, rents, and charges for the use of any facility, building, or property under its control or any part of the facility, building, or property, and pledge the fees, rents, and charges for the payment of revenue bonds issued by the authority. (k) Lease, in whole or in part, any facility, building, or property under its control. (l) Accept grants and donations of property, labor, or other things of value from a public or private source. (m) Acquire and construct public facilities. (n) Conduct market research and public relations campaigns, develop, coordinate, and conduct retail and institutional promotions, and sponsor special events and related activities. (o) Contract for broadband service and wireless technology service in a development area. (2) Notwithstanding any other provision of this part, in a qualified development area the board may, in addition to the powers enumerated in subsection (1), do 1 or more of the following: (a) Perform any necessary or desirable site improvements to the land, including, but not limited to, installation of temporary or permanent utilities, temporary or permanent roads and driveways, silt fences, perimeter construction fences, curbs and gutters, sidewalks, pavement markings, water systems, gas distribution lines, concrete, including, but not limited to, building pads, storm drainage systems, sanitary sewer systems, parking lot paving and light fixtures, electrical service, communications systems, including broadband and high-speed internet, site signage, and excavation, backfill, grading of site, landscaping and irrigation, within the development area for the use, in whole or in part, of any public or private person or business entity, or a combination of these. (b) Incur expenses and expend funds to pay or reimburse a public or private person for costs associated with any of the improvements described in subdivision (a). (c) Make and enter into financing arrangements with a public or private person for the purposes of implementing the board's powers described in this section, including, but not limited to, lease purchase agreements, land contracts, installment sales agreements, sale leaseback agreements, and loan agreements.
Michigan
2014
Mich. Comp. Law. 28.283
Michigan public safety communications system; police dispatches and reports; broadcast; use by governmental public safety agency; co-location; costs; collation by governmental agency not public safety agency; use of money collected from collation leasing; access to tower; denial of permission to install, attach, or continue to co-locate equipment; definitions
Category: Competition and regulation
Topic: Service Provision - Other
Allows co-location on the Michigan public safety communications system to provide service in a service needs (or unserved) area.
State Code
Sec. 3. (1) The department of state police shall broadcast all police dispatches and reports that have a reasonable relation to or connection with the apprehension of criminals, the prevention of crime, or the maintenance of peace, order, and public safety in this state. (2) The director of the department of technology, management, and budget and the director of the department of state police jointly may authorize any public safety agency or person to utilize the Michigan public safety communications system for communications consistent with federal rules and regulations or to utilize the Michigan public safety communications system for collocations. Collocations by a person other than a governmental entity shall be authorized only to provide service in a service needs area. (3) All costs associated with planning, installing, and maintaining collocation equipment are the responsibility of the public safety agency or person requesting permission for collocation. Costs associated with collocating on the Michigan public safety communications system paid by a public safety agency shall be comparable to the costs charged to other public safety agencies. Costs associated with collocating on the Michigan public safety communications system paid by a person other than a public safety agency shall be comparable to the costs charged to other persons that are not a public safety agency. (4) Except as otherwise provided in this subsection, a governmental entity may collocate on the Michigan public safety communications system. Until 3 years after the effective date of the amendatory act that added this subsection, a governmental entity that is not a public safety agency shall not collocate on the Michigan public safety communications system for any commercial or business purpose. Beginning 3 years after the effective date of the amendatory act that added this subsection, a governmental entity that is not a public safety agency may collocate on the Michigan public safety communications system for a commercial or business purpose only to provide service in a service needs area. (5) The department of technology, management, and budget shall use any money collected from collocation leasing of the Michigan public safety communications system for the construction or maintenance of the Michigan public safety communications system including the payment of debt service for bonds that finance the construction or maintenance of the Michigan public safety communications system. (6) The department of technology, management, and budget shall not allow a public safety agency or person access to a tower for installation, attachment, maintenance, or any other purpose without the supervision of an appropriate employee of the department of technology, management, and budget. The department of technology, management, and budget shall perform an inspection following any installation of collocation equipment to ensure that the integrity of the Michigan public safety communications system has not been compromised. (7) The director of the department of technology, management, and budget and the director of the department of state police shall jointly deny a public safety agency or person permission to install, attach, or continue to collocate equipment to a tower constructed under this act if the director of the department of technology, management, and budget and the director of the department of state police, or their designees, jointly determine that the installation, attachment, or continued collocation will interfere with the optimum operation of the Michigan public safety communications system or any current or planned public safety communications collocated on a tower. (8) As used in this section: (a) "Collocate" means to place or install wireless communications equipment or network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cabling, and coaxial and fiber optic cable, on or in the real or personal property or towers used in the operation and maintenance of the Michigan public safety communications system. (b) "Commercial or business purpose" does not include those uses of the Michigan public safety communications system approved before the effective date of the amendatory act that added subsection (3) or uses consistent with federal rules and regulations in connection with the allocation of wireless spectrum for public safety communication. (c) "Person" means an individual, corporation, partnership, association, governmental entity, or any other legal entity. (d) "Public safety agency" means a functional division of a public agency, county, or this state that provides firefighting, law enforcement, ambulance, medical, or other emergency services.
Michigan
2014
Mich. Comp. Law. 28.283(8) (e)
Michigan public safety communications system; police dispatches and reports; broadcast; use by governmental public safety agency; co-location; costs; collation by governmental agency not public safety agency; use of money collected from collation leasing; access to tower; denial of permission to install, attach, or continue to co-locate equipment; definitions
Category: Definitions
Topic: Definition - Unserved
States that an unserved area is an area determined by the Connect Michigan broadband service industry to be unserved at advertised Speed of at least 3 megabits per second for downloads and 786 kilobits per second for uploads as of Oct. 1, 2014.
State Code
(e) "Service needs area" means an area determined by the connect Michigan broadband service industry survey for the state of Michigan to be unserved by advertised Speed of at least 3 megabits per second downstream and 768 kilobits per second upstream as of October 1, 2014.
Michigan
2011
Mich. Comp. Law. 484.2401
Unregulated services generally
Category: Competition and regulation
Topic: Regulatory Authority
States that Public Service Commission does not have authority over retail broadband services.
State Code
Sec. 401. (1) Except as otherwise provided by law or preempted by federal law, the commission does not have authority over enhanced services, paging, cellular, mobile, answering services, retail broadband service, video, cable service, pay-per-view, shared tenant, private networks, financial services networks, radio and television, WATS, personal communication networks, municipally owned telecommunication system, 800 prefix services, burglar and fire alarm services, energy management services, except for state institutions of higher education the reselling of centrex or its equivalent, payphone services, interconnected voice over internet protocol service, and the reselling of an unlicensed telecommunication service. The services listed in this subsection shall not be considered part of basic local exchange service. (2) The commission has authority over the telecommunication services specifically provided for in this act. (3) This section does not modify or affect either of the following: (a) The authority of a provider or the commission to act pursuant to or enforce 47 USC 251, 47 USC 252, any lawful and applicable tariff, or any state law, regulation, or order related to wholesale rights and obligations, including the rights and obligations of local exchange carriers to interconnect and exchange voice traffic. (b) The payment of switched access rates or other intercarrier compensation rates, as applicable.
Michigan
2020
Mich. Comp. Laws 460.38a
Nondiscriminatory access to poles; grounds for denial; make-ready work; attachment requirements; request for access; modification costs; definitions
Category: Infrastructure access
Topic: Pole attachments
Directs the departments of Transportation, Information Technology, Natural Resources, and the Environment, as well as the Board of Public Works, to allow nonprofit telecommunications service providers to use any right of way easement in rural or unserved areas of the state without charge.
State Code
(1) A cooperative electric utility that is member-regulated under this act shall provide a video service provider, broadband provider, wireless provider, or any telecommunication provider with nondiscriminatory access to its poles upon just and reasonable rates, terms, and conditions for their attachments. A cooperative electric utility that is member-regulated under this act may deny a video service provider, broadband provider, wireless provider, or any telecommunication provider access to its poles on a nondiscriminatory basis for either of the following:
(a) If there is insufficient capacity.
(b) For reasons of safety, reliability, or generally applicable engineering standards.
(2) A video service provider, broadband provider, wireless provider, or any telecommunication provider and the cooperative electric utility that is member-regulated under this act shall comply with the process for make-ready work under 47 USC 224 and the orders and regulations implementing 47 USC 224 adopted by the Federal Communications Commission. A good-faith estimate established by the cooperative electric utility that is member-regulated under this act for any make-ready work for poles must include pole replacement if necessary. All make-ready costs must be based on actual costs not recovered through the annual recurring rate, with detailed documentation provided.
(3) A cooperative electric utility that is member-regulated under this act may require a video service provider, broadband provider, wireless provider, or any telecommunication provider to execute an agreement for attachments on reasonable terms and conditions if that agreement is required of all others.
(4) The attachment of facilities on the poles of a cooperative electric utility that is member-regulated under this act by a video service provider, broadband provider, wireless provider, or any telecommunication provider must comply with the most recent applicable, nondiscriminatory safety and reliability standards adopted by the cooperative electric utility and with the National Electric Safety Code published by the Institute of Electrical and Electronics Engineers, in effect on the date of the attachment.
(5) A request for access to the poles of a cooperative electric utility that is member-regulated under this act by a video service provider, broadband provider, wireless provider, or any telecommunication provider must be in writing. Access must be granted or denied within the time frame established by the regulations implementing 47 USC 224 adopted by the Federal Communications Commission. If access is denied, the cooperative electric utility that is member-regulated under this act must confirm the denial in writing. The denial of access issued by the cooperative electric utility that is member-regulated under this act must be specific, include all relevant evidence and information supporting the denial, and explain how that evidence and information relate to a denial of access for reasons of insufficient capacity, safety, reliability, or generally applicable engineering standards.
(6) The costs of modifying a facility must be borne by all parties that obtain access to the facility as a result of the modification and by all parties that directly benefit from the modification. Each party that obtains access to the facility as a result of the modification and each party that directly benefits from the modification shall share proportionately in the cost of the modification. Except as otherwise provided in this subsection, a party with a preexisting attachment to the modified facility is considered to directly benefit from a modification if, after receiving notification of that modification, it adds to or modifies its attachment. A party with a preexisting attachment to a pole is not required to bear any of the costs of rearranging or replacing its attachment if that rearrangement or replacement is necessitated solely as a result of an additional attachment or the modification of an existing attachment sought by another party, unless the modification is necessitated by the cooperative electric utility that is member-regulated under this act for an electric service, that includes, but is not limited to, smart grid technologies. If a party makes an attachment to the facility after the completion of the modification, that party shall share proportionately in the cost of the modification if that modification rendered the added attachment possible.
(7) An attaching party shall obtain any necessary authorization before occupying public ways or private rights-of-way with its attachment.
(8) As used in this section:
(a) "Attachment" means any wire, cable, antennae facility, or apparatus for the transmission of writing, signs, signals, pictures, sounds, or other forms of information installed by or on behalf of a provider of cable service or telecommunications service upon any pole owned or controlled, in whole or in part, by 1 or more cooperative electric utilities that are member-regulated under this act. Attachment includes, but is not limited to, a micro wireless facility or small cell wireless facility as those terms are defined in section 7 of the small wireless communications facilities deployment act, 2018 PA 365, MCL 460.1307, if either of the following are met:
(i) The micro wireless facility or small cell wireless facility is installed in the communications space, as that term is defined in the National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers as of the date of the installation.
(ii) The micro wireless facility or small cell wireless facility is installed in or above the electric space, as that term is defined in the National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers as of the date of the installation, and that facility is installed and maintained by either of the following:
(A) A cooperative electric utility that is member-regulated under this act.
(B) A qualified contractor that meets both of the following:
(I) Generally applicable written contractor specifications of the cooperative electric utility that is member-regulated under this act.
(II) The definition of qualified as provided in the National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers as of the date of the installation or maintenance, as applicable.
(b) "Broadband provider" means a person that provides broadband internet access transport services as that term is defined in section 2 of the metropolitan extension telecommunications rights-of-way oversight act, 2002 PA 48, MCL 484.3102.
(c) "Telecommunication provider" means that term as defined in section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2102.
(d) "Video service provider" means that term as defined in section 1 of the uniform video services local franchise act, 2006 PA 480, MCL 484.3301.
(e) "Wireless provider" means that term as defined in section 9 of the small wireless communications facilities deployment act, 2018 PA 365, MCL 460.1309.
Michigan
2014
Mich. Comp. Laws 484.3102
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband internet access transport services as the transmission of data between the end user and the end user’s internet service provider’s point of interconnection at speeds greater than 200 kilobits per second to the end user’s premise.
State Code
(b) "Broadband internet access transport services" means the broadband transmission of data between an end-user and the end-user's internet service provider's point of interconnection at a speed of 200 or more kilobits per second to the end-user's premises.
Michigan
2020
Mich. Comp. Laws 600.2979
Action for trespass, unjust enrichment, or other action; Michigan electric cooperative easement; rebuttable presumption; liability; damages; definitions
Category: Infrastructure access
Topic: Rights-of-way (Easements)
States that broadband facilities do not increase the burden on properties in trespass, unjust enrichment, or any other legal actions related to easements held by electric cooperatives.
State Code
(1) In a trespass, unjust enrichment, or any other action arising from or relating to an easement held by a Michigan electric cooperative and brought against the holding Michigan electric cooperative, there is a rebuttable presumption that there is no unreasonable or material increase in the burden on the property subjected to the easement if the Michigan electric cooperative can show 1 of the following:
(a) That the new or additional facility was installed above the electric space, as provided in the National Electrical Safety Code in effect on the date of installation.
(b) That the new facility replaced a previously existing facility in the same or substantially similar location on the pole or poles.
(c) That the new or additional facility was installed within the electric space or within the communications space, as provided in the National Electrical Safety Code in effect on the date of the installation.
(d) That the new or additional facility was placed underground along the same or substantially similar location of existing underground electric facilities.
(2) In a trespass, unjust enrichment, or any other action arising from or relating to an easement held by a Michigan electric cooperative and brought against the holding Michigan electric cooperative, the Michigan electric cooperative is not liable unless the plaintiff establishes that 1 of the following applies to the new or additional facility installed on an existing easement:
(a) The facility was installed outside the geographic bounds of the express or prescriptive easement granted or obtained.
(b) The facility's purpose and use are expressly and specifically prohibited by the terms of the easement.
(c) The facility unreasonably or materially increases the burden on the land.
(3) In a trespass, unjust enrichment, or any other action arising from or relating to an easement held by a Michigan electric cooperative and brought against the holding Michigan electric cooperative, evidence of revenue realized by the Michigan electric cooperative from services using the new or additional facility is inadmissible for purposes of proving damages. Any damages in a trespass, unjust enrichment, or any other action arising from or relating to an easement held by a Michigan electric cooperative and brought against the holding Michigan electric cooperative must be determined by actual diminution of value of the property subject to the easement and directly related to the installation of the additional facility. However, damages awarded must not exceed $3.00 per linear foot.
(4) As used in this section:
(a) "Facility" means new or expanded broadband fiber infrastructure used, at least partially, for electric service purposes.
(b) "Michigan electric cooperative" includes entities engaged in the transmission or distribution of electric service and that are either of the following:
(i) An electric cooperative headquartered in this state organized as a cooperative corporation under sections 98 to 109 of 1931 PA 327, MCL 450.98 to 450.109, serving primarily members of the cooperative electric utility.
(ii) Another cooperative corporation headquartered in this state.
Michigan
2018
Mich. Comp. Laws. 21.605
Michigan infrastructure council; limitations; telecommunications services, broadband services, or wireless services; exempt from disclosure
Category: Competition and regulation
Topic: Regulatory Authority
States that the Michigan Infrastructure Council is not authorized to place any obligations or requirements on broadband providers. Exempts network or financial information provided to the Michigan Infrastructure Council by providers from the disclosure under section 13(1)(d) of the Freedom of Information Act, 1976 PA 442, Mich. Comp. Law 15.243.
State Code
Sec. 5. (1) This act does not authorize the Michigan infrastructure council to place any obligations or requirements on providers of telecommunications services, broadband services, or wireless services. (2) Any network or financial information provided to the Michigan infrastructure council by a provider of telecommunications services, broadband services, or wireless services is exempt from disclosure under section 13(1)(d) of the freedom of information act, 1976 PA 442, MCL 15.243, provided that it is marked as confidential or commercial information. The Michigan infrastructure council shall preserve the confidentiality of this information.
Michigan
2018
Mich. Executive Order No. 2018 - 2
Charge to the Consortium
Category: Broadband programs
Topic: Plan
Tasks the Michigan Consortium of Advanced Networks with developing a roadmap for broadband expansion.
State Code
The Consortium shall act in an advisory capacity to the Governor, and the state of Michigan, and shall, by August 1, 2018, solidify a vision for a connected Michigan, along with a roadmap to guide the state_��s goal of ubiquitous broadband access.
Michigan
2018
Mich. Executive Order No. 2018—2
Charge to the consortium
Category: Broadband programs
Topic: Task Force
Creates the Michigan Consortium of Advanced Networks to develop a roadmap for broadband expansion.
State Code
The Consortium shall act in an advisory capacity to the Governor, and the state of Michigan, and shall, by August 1, 2018, solidify a vision for a connected Michigan, along with a roadmap to guide the state’s goal of ubiquitous broadband access.
Michigan
2020
Mich. Public Act 166 of 2020
Category: Funding and financing
Topic: Fund - Broadband
Creates the Connecting Michigan Communities Broadband Grant Program to be administered by the Michigan Department of Technology, Management, and Budget, and directs the department to provide grants for projects that extend broadband service into unserved areas.
State Code
(2) From the funds appropriated in part 1 for statewide broadband, the MDTMB shall maintain a statewide broadband grant program called the connecting Michigan communities broadband grant program within 60 days of enactment. Money for the program must be provided by appropriation of state or federal funding as provided by law and managed by the MDTMB.
(3) The MDTMB shall only use money from the grant program to award grants to applicants for projects that exclusively extend broadband service into unserved areas in this state and for the MDTMB's costs to administer the program.
Minnesota
2019
Minn. Executive Order 19-10
Continuing the Governor's Task Force on Broadband
Category: Broadband programs
Topic: Task Force
Continues the work of the Governor's Task Force on Broadband established under Executive Order 11-27, describes the membership of the task force, requires the task force to submit an annual report, allows the task force to issue other white papers and research reports, and assigns DEED as the agency responsible for providing staff support to the task force.
State Code
1. The Governor's Task Force on Broadband ("Task Force"), created under Minnesota Statutes 2018, section 15.0593, will continue to research, recommend, and promote state broadband policy, planning, and initiatives that address state broadband needs and goals. 2. The Task Force consists of fifteen members who are appointed by the Governor and have experience or interest in broadband matters. The members must represent a balance of broadband interests, including: residential and business consumers, local governments, libraries, K-12 and higher education institutions, tribal interests, healthcare, broadband providers, economic development, agriculture, rural development, workforce development, and labor interests.
Minnesota
2013
Minn. Stat. 116J.39.1
Definitions
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines broadband as any service providing advanced telecommunications capability at speeds defined by the Federal Communications Commission.
State Code
"Broadband" or "broadband service" means any service providing advanced telecommunications capability and Internet access with transmission speeds that, at a minimum, meet the Federal Communications Commission definition for broadband.
Minnesota
2013
Minn. Stat. 116J.39.2
Office established; purpose
Category: Broadband programs
Topic: Office
Establishes the Office of Broadband Development within the Department of Employment and Economic Development, with a director to be appointed by the governor. Defines the office’s purpose.
State Code
(a) An Office of Broadband Development is established within the Department of Employment and Economic Development and shall remain in existence until the commissioner certifies that the state has met the broadband goals established in section 237.012. The director shall be appointed by the governor and shall serve in the unclassified service. The director must be qualified by experience and training in broadband. The office may employ staff necessary to carry out the office's duties under subdivision 4. (b) The purpose of the office is to encourage, foster, develop, and improve broadband within the state in order to: (1) drive job creation, promote innovation, and expand markets for Minnesota businesses; (2) serve the ongoing and growing needs of Minnesota's education systems, health care system, public safety system, industries and businesses, governmental operations, and citizens; and (3) improve accessibility for underserved communities and populations.
Minnesota
2013
Minn. Stat. 116J.39.4
Duties
Category: Broadband programs
Topic: Office
Defines the duties of the Office of Broadband Development, including to serve as the central broadband planning body; to coordinate with broadband stakeholders to develop a statewide broadband access and usage policy; to develop and implement a statewide broadband plan; to provide technical assistance to local governments; and to encourage public-private partnerships. Also includes monitoring federal activity in consultation with the commissioner of commerce and serving as a clearinghouse for federal programs. Does not provide any regulatory authority or oversight.
State Code
(a) The office shall have the power and duty to: (1) serve as the central broadband planning body for the state of Minnesota; (2) coordinate with state, regional, local, and private entities to develop, to the maximum extent practicable, a uniform statewide broadband access and usage policy; (3) develop, recommend, and implement a statewide plan to encourage cost-effective broadband access, and to make recommendations for increased usage, particularly in rural and other underserved areas; (4) coordinate efforts, in consultation and cooperation with the commissioner of commerce, local units of government, and private entities, to meet the state's broadband goals in section 237.012; (5) develop, coordinate, and implement the state's broadband infrastructure development program under section 116J.391; (6) provide consultation services to local units of government or other project sponsors in connection with the planning, acquisition, improvement, construction, or development of any broadband deployment project; (7) encourage public-private partnerships to increase deployment and adoption of broadband services and applications, including recommending funding options and possible incentives to encourage investment in broadband expansion; (8) monitor the broadband development efforts of other states and nations in areas such as business, education, public safety, and health; (9) consult with the commissioner of commerce to monitor broadband-related activities at the federal level, including regulatory and policy changes and the potential impact on broadband deployment and sustainability in the state; (10) serve as an information clearinghouse for federal programs providing financial assistance to institutions located in rural areas seeking to obtain access to high-speed broadband service, and use this information as an outreach tool to make institutions located in rural areas that are unserved or underserved with respect to broadband service aware of the existence of federal assistance; (11) provide logistical and administrative support for the Governor's Broadband Task Force; (12) provide an annual report, as required by subdivision 5; (13) coordinate an ongoing collaborative effort of stakeholders to evaluate and address security, vulnerability, and redundancy issues in order to ensure the reliability of broadband networks; and (14) perform any other activities consistent with the office's purpose.
Minnesota
2013
Minn. Stat. 116J.39.5
Reporting
Category: Broadband programs
Topic: Office
Requires an annual report from the Office of Broadband Development to the legislative committees with jurisdiction over broadband with an analysis of current broadband availability (including speeds) and the impacts that additional broadband deployment would have on economic development.
State Code
(a) Beginning January 15, 2014, and each year thereafter, the Office of Broadband Development shall report to the legislative committees with jurisdiction over broadband policy and finance on the office's activities during the previous year. (b) The report shall contain, at a minimum: (1) an analysis of the current availability and use of broadband, including average broadband speeds, within the state; (2) information gathered from schools, libraries, hospitals, and public safety facilities across the state, determining the actual speed and capacity of broadband currently in use and the need, if any, for increases in speed and capacity to meet current or anticipated needs; (3) an analysis of incumbent broadband infrastructure within the state and its ability to spur economic development; (4) an analysis of the degree to which new, additional, or improved broadband infrastructure would spur economic development in the state;
Minnesota
2016
Minn. Stat. 116J.394 (i)
Definitions
Category: Definitions
Topic: Definition - Unserved
Defines unserved areas as places lacking service that meets the Federal Communications Commission’s designated broadband speeds.
State Code
(i) "Unserved areas" means areas of Minnesota in which households or businesses lack access to wire-line broadband service, as defined in section 116J.39.
Minnesota
2016
Minn. Stat. 116J.395
Border-to-Border Broadband Development Grant Program
Category: Funding and financing
Topic: Fund - Broadband
Establishes a broadband grant program to support expansion of middle- and last-mile infrastructure with speeds scalable to 100 megabits per second download and upload. Defines eligible applicants and the application process. Grants awarded to a single project cannot exceed $5 million or fund more than half of its cost.
State Code
A grant program is established under the Department of Employment and Economic Development to award grants to eligible applicants in order to promote the expansion of access to broadband service in unserved or underserved areas of the state.
Minnesota
2014
Minn. Stat. 116J.396
Border-to-Border Broadband Fund
Category: Funding and financing
Topic: Fund - Broadband
Establishes a special revenue fund in the state treasury to be used for the Border-to-Border Broadband Development Grant Program. The fund will supplement revenue raised by bonds sold by local governments to support broadband infrastructure deployment and contracting for broadband data collection.
State Code
The border-to-border broadband fund account is established as a separate account in the special revenue fund in the state treasury. The commissioner shall credit to the account appropriations and transfers to the account. Earnings, such as interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Funds remaining in the account at the end of a fiscal year are not canceled to the general fund, but remain in the account until expended. The commissioner shall manage the account.
Minnesota
2016
Minn. Stat. 116J.397
Updated broadband deployment data and maps
Category: Broadband programs
Topic: Mapping
Requires the Office of Broadband Development to contract with an independent organization to work with broadband providers to collect and verify data, analyze data to inform future investments, and conduct surveys to measure broadband adoption and use.
State Code
(a) Beginning in 2016 and continuing each year thereafter, the Office of Broadband Development shall contract with one or more independent organizations that have extensive experience working with Minnesota broadband providers to: (1) collect broadband deployment data from Minnesota providers, verify its accuracy through on-the-ground testing, and create state and county maps available to the public by April 15, 2017, and each April 15 thereafter, showing the availability of broadband service at various upload and download speeds throughout Minnesota; (2) analyze the deployment data collected to help inform future investments in broadband infrastructure; and (3) conduct business and residential surveys that measure broadband adoption and use in the state.
Minnesota
2016
Minn. Stat. 116J.398
Broadband prevailing wage exemption
Category: Other
Topic: Other
Exempts projects receiving funding from the Border-to-Border Broadband Development Grant Program for last mile infrastructure from the prevailing wage.
State Code
Notwithstanding any other law to the contrary, section 116J.871 does not apply to a project receiving a grant under section 116J.395 for the construction, installation, remodeling, and repair of last-mile infrastructure, as defined under section 116J.394, paragraph (e).
Minnesota
2019
Minn. Stat. 116J.439
Airport Infrastructure Renewal (AIR) Grant Program
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Creates a fund to provide up to 50 percent of the capital costs for airport construction or redevelopment. Broadband infrastructure is considered an eligible capital expense.
State Code
Subdivision 1. Grant program established; purpose. (a) The commissioner shall make grants to counties, airport authorities, or cities to provide up to 50 percent of the capital costs of redevelopment of an existing facility or construction of a new facility; and for public or private infrastructure costs, including broadband infrastructure costs, necessary for an eligible airport infrastructure renewal economic development project. (b) The purpose of the grants made under this section is to keep or enhance jobs in the area, increase the tax base, or expand or create new economic development.
Minnesota
2019
Minn. Stat. 116J.9923
Telecommuter Forward! Certification
Category: Broadband programs
Topic: Promotional
Creates a Telecommuter Forward! certification program that recognizes political subdivisions that have passed resolutions in support of telecommuting and designated a single point of contact for coordinating telecommuting opportunities, which includes undertaking efforts to ensure the community has access to broadband.
State Code
Subd. 2. Certification. A political subdivision may apply to the commissioner of employment and economic development for certification as a Telecommuter Forward! Community. The commissioner of employment and economic development shall prescribe the form and manner for making an application. Before approving an application, the commissioner shall consider the application and the information in subdivision 3. Subd. 3. Resolution. In addition to the application in subdivision 2, a political subdivision must adopt a resolution that does both of the following: (1) states the political subdivision's support and commitment to promote the availability of telecommuting options; and (2) provides for a single point of contact for coordinating telecommuting opportunities that has all of the following responsibilities: (i) coordination and partnership with broadband providers, realtors, economic development professionals, employers, employees, and other telecommuting stakeholders; (ii) collaboration with broadband providers and employers to identify, develop, and market telecommuter-capable broadband packages; (iii) communication and partnership with broadband providers and economic development professionals to develop common goals; (iv) promotion of telecommuter-friendly work spaces, such as business incubators with telecommuting spaces, if such a work space has been established in the political subdivision at the time the political subdivision adopts the resolution; (v) familiarity with broadband mapping tools and other state-level resources; (vi) maintaining regular communication with the state broadband office; and (vii) making regular reports to the governing body of the political subdivision.
Minnesota
2015
Minn. Stat. 125B.26
Telecommunications/Internet Access Equity Aid
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Describes requirements for the Telecommunications/Internet Access Equity Aid program, which provides funding to school districts for costs associated with maintaining and installing telecommunications services. Participating schools must also apply for E-rate funding, and the amount of E-rate funding awarded must be taken into consideration when making funding decisions for the state program.
State Code
Costs to be submitted. (a) A district, charter school, or intermediate school district shall submit its actual telecommunications/Internet access costs for the previous fiscal year, adjusted for any e-rate revenue received, to the department by August 15 of each year as prescribed by the commissioner. Costs eligible for reimbursement under this program are limited to the following: (1) ongoing or recurring telecommunications/Internet access costs associated with Internet access, data lines, and video links providing: (i) the equivalent of one data line, video link, or integrated data/video link that relies on a transport medium that operates at a minimum speed of 1.544 megabytes per second (T1) for each elementary school, middle school, or high school under section 120A.05, subdivisions 9, 11, and 13, including the recurring telecommunications line lease costs and ongoing Internet access service fees; or (ii) the equivalent of one data line or video circuit, or integrated data/video link that relies on a transport medium that operates at a minimum speed of 1.544 megabytes per second (T1) for each district, including recurring telecommunications line lease costs and ongoing Internet access service fees; (2) recurring costs of contractual or vendor-provided maintenance on the school district's wide area network to the point of presence at the school building up to the router, codec, or other service delivery equipment located at the point of presence termination at the school or school district; (3) recurring costs of cooperative, shared arrangements for regional delivery of telecommunications/Internet access between school districts, postsecondary institutions, and public libraries including network gateways, peering points, regional network infrastructure, Internet2 access, and network support, maintenance, and coordination; and (4) service provider installation fees for installation of new telecommunications lines or increased bandwidth.
…
E-rates. To be eligible for aid under this section, a district, charter school, or intermediate school district is required to file an e-rate application either separately or through its telecommunications access cluster. Discounts received on telecommunications expenditures shall be reflected in the costs submitted to the department for aid under this section.
Minnesota
2015
Minn. Stat. 134.355
Basic Regional Library System; Support
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Specifies the requirements for libraries to access telecommunications aid. Libraries are required to use state aid for category one services as defined by the federal E-rate program, which includes services and equipment necessary to connect to the internet. Also requires libraries to document that the connections are adequate and use an open network, that connections are established through the most cost-effective means, and that the applicant has also applied for federal E-rate funding, either individually or as a member of a consortium.
State Code
Eligibility. A regional public library system may apply for regional library telecommunications aid on behalf of itself and member public libraries. The aid must be used for connections and other eligible non-voice-related e-rate program category one services. Aid may be used for e-rate program category two services as identified in the Federal Communication Commission's eligible services list for the current and preceding four funding years, if sufficient funds remain once category one needs are met in each funding year. … Telecommunications aid. An application for regional library telecommunications aid must, at a minimum, contain information to document the following: (1) the connections are adequate and employ an open network architecture that will ensure interconnectivity and interoperability with school districts, postsecondary education, or other governmental agencies; (2) that the connection is established through the most cost-effective means and that the regional library has explored and coordinated connections through school districts, postsecondary education, or other governmental agencies; (3) that the regional library system and member libraries included in the application have filed or are included in an e-rate application; and (4) other information, as determined by the commissioner of education, to ensure that connections are coordinated, efficient, and cost-effective, take advantage of discounts, and meet applicable state standards.
Minnesota
2013
Minn. Stat. 161.462
Fiber collaboration database
Category: Infrastructure access
Topic: Rights-of-way (Dig once)
Creates a fiber collaboration database to give broadband providers notice of Department of Transportation construction projects, allowing providers to install infrastructure in the right of way during construction to minimize costs. Requires the department to maintain a list of upcoming projects on its website, including location, and estimated dates of construction.
State Code
The purpose of the fiber collaboration database is to provide broadband providers with advance notice of upcoming Department of Transportation construction projects so that they may notify the department of their interest in installing broadband infrastructure within the right-of-way during construction in order to minimize installation costs.
Minnesota
2016
Minn. Stat. 237.012.1
Universal access and high-speed goal
Category: Broadband programs
Topic: Goal
Creates the goal that by 2022, all Minnesota businesses and homes will have broadband access at Speed of 25 megabits per second (Mbps) download and 3 Mbps upload and by 2026, all business and homes in the state will have Speed of 100 Mbps download and 20 upload.
State Code
It is a state goal that: (1) no later than 2022, all Minnesota businesses and homes have access to high-speed broadband that provides minimum download Speed of at least 25 megabits per second and minimum upload Speed of at least three megabits per second; and (2) no later than 2026, all Minnesota businesses and homes have access to at least one provider of broadband with download Speed of at least 100 megabits per second and upload Speed of at least 20 megabits per second.
Minnesota
2016
Minn. Stat. 237.012.2
State broadband leadership position
Category: Broadband programs
Topic: Goal
Creates the goal of establishing Minnesota as a broadband leader, in the top five nationally for broadband access and top 15 globally for broadband penetration.
State Code
It is a goal of the state that by 2022 and thereafter, the state be in: (1) the top five states of the United States for broadband speed universally accessible to residents and businesses; (2) the top five states for broadband access; and (3) the top 15 when compared to countries globally for broadband penetration.
Minnesota
2016
Minn. Stat. 237.045.1
Railroad right of way; crossing or paralleling by utilities
Category: Infrastructure access
Topic: Rights-of-way (Railroad)
Defines requirements for utility crossings of railroad right of way, including application requirements and response time frames. Sets an on-time fee of $1,250 for each crossing to be paid in lieu of license, permit, or other applicable fees. No crossing fee is required if the crossing is in the public right of way.
State Code
(a) Unless otherwise agreed by the parties or determined under section237.04, a utility that crosses a railroad right-of-way, other than a crossing within a public right-of-way, must pay the railroad a onetime standard crossing fee of $1,250, adjusted as provided in paragraph (e), for each crossing. Except as otherwise provided in this subdivision, the standard crossing fee is paid in lieu of any license, permit, application, processing fee, or any other fee or charge to reimburse the railroad for direct expenses incurred by the railroad as a result of the crossing. No other fee or charge may be assessed to the utility by the railroad. (b) In addition to the standard crossing fee, the utility shall also reimburse the railroad for any reasonable and necessary flagging expense associated with a crossing, based on the railroad traffic at the crossing. (c) No crossing fee is required if the crossing is located within a public right-of-way.
Minnesota
1991
Minn. Stat. 237.19
Municipal telecommunications services
Category: Competition and regulation
Topic: Municipal Broadband
Allows a municipality to own and operate a telephone exchange but requires approval of 65 percent of voters before a new exchange can be constructed where one already exists.
State Code
Any municipality shall have the right to own and operate a telephone exchange within its own borders, subject to the provisions of this chapter. It may construct such plant, or purchase an existing plant by agreement with the owner, or where it cannot agree with the owner on price, it may acquire an existing plant by condemnation, as hereinafter provided, but in no case shall a municipality construct or purchase such a plant or proceed to acquire an existing plant by condemnation until such action by it is authorized by a majority of the electors voting upon the proposition at a general election or a special election called for that purpose, and if the proposal is to construct a new exchange where an exchange already exists, it shall not be authorized to do so unless 65 percent of those voting thereon vote in favor of the undertaking. A municipality that owns and operates a telephone exchange may enter into a joint venture as a partner or shareholder with a telecommunications organization to provide telecommunications services within its service area.
Minnesota
2010
Minn. Stat. 237.681
Private shared services
Category: Infrastructure access
Topic: IA - Other
Addresses requirements for properties where private shared services (defined to include broadband) are operating. Property owners cannot impose unreasonable restrictions on access to the premises by a telephone company or charge occupants higher or lower rent because of their choice of telephone company.
State Code
A property owner shall establish a single demarcation point for services and facilities provided by a telephone company providing local exchange service in the area that is mutually agreeable to the property owner, commercial shared services provider, and the telephone company. The obligation of a telephone company to provide service to a customer at a location where private shared services are operating is limited to providing telephone company service and facilities up to the demarcation point established for the property where the private shared services are operating. The property owner may not (1) impose unreasonable restrictions on access to the demarcation point on the premises by a telephone company or (2) discriminate against or in favor of an occupant in any manner, including charging the occupant higher or lower rental charges, because of the occupant's choice of telephone company.
Minnesota
2017
Minn. Stat. 237.761
Alternative regulation plan; service
Category: Competition and regulation
Topic: Service Provision - Other
Requires all telecommunications carriers to be classified as price regulated, flexibly priced, or nonprice regulated. Carriers may file an alternative regulation plan, which must include an investment plan for a period of at least six years that addresses planned deployment of fiber-optic facilitates and broadband capabilities to Community Anchor Institutions.
State Code
(b) An investment plan shall include all of the following: (1) a description of the level of planned investment in technological or infrastructure enhancement; (2) a description of the extent to which planned investment will make new telecommunications technology available to customers or expand the availability of current technology; (3) a description of the planned deployment of fiber-optic facilities or broadband capabilities to schools, libraries, technical colleges, hospitals, colleges and universities, and local governments in this state; and (4) a description of planned investment and deployment of higher speed telecommunications services and increased capacity for voice, video, and data transmission, in both the metropolitan and outstate portions of the company's service territory.
Minnesota
2017
Minn. Stat. 297A.68.35a
Business exemptions— telecommunications or pay television services machinery and equipment
Category: Funding and financing
Topic: Tax Incentives
Creates a tax exemption for telecommunications machinery and equipment.
State Code
(a) Telecommunications or pay television services machinery and equipment purchased or leased for use directly by a telecommunications or pay television services provider primarily in the provision of telecommunications or pay television services that are ultimately to be sold at retail are exempt, regardless of whether purchased by the owner, a contractor, or a subcontractor.
Minnesota
2018
Minn. Stat. 429.021
Local improvements, council powers
Category: Competition and regulation
Topic: Municipal Broadband
Allows municipalities to improve, construct, maintain, and extend facilities for internet access if they will provide service that is not and will not be available through a private provider in the foreseeable future and will not compete with private service providers.
State Code
(19) To improve, construct, extend, and maintain facilities for Internet access and other communications purposes, if the council finds that: (i) the facilities are necessary to make available Internet access or other communications services that are not and will not be available through other providers or the private market in the reasonably foreseeable future; and (ii) the service to be provided by the facilities will not compete with service provided by private entities.
Minnesota
2013
Minn. Stat.116J.391.2
Broadband infrastructure development
Category: Infrastructure access
Topic: Rights-of-way (Dig once)
Requires the Office of Broadband Development to work with the Department of Transportation to coordinate “dig once” efforts in conjunction with planned construction on state right of way; collaborate with other state departments to facilitate conduit deployment on state-owned lands; and work with local governments to adopt “dig once” policies for local right of way.
State Code
(a) The office shall, in collaboration with the Department of Transportation and private entities, encourage and coordinate "dig once" efforts for the planning, relocation, installation, or improvement of broadband conduit within the right-of-way in conjunction with any current or planned construction, including, but not limited to, trunk highways and bridges. To the extent necessary, the office shall, in collaboration with the Department of Transportation, evaluate engineering and design standards, procedures and criteria for contracts or lease agreements with private entities, and pricing requirements, and provide for allocation of risk, costs, and any revenue generated. (b) The office shall, in collaboration with other state departments and agencies as the office deems necessary, develop a strategy to facilitate the timely and efficient deployment of broadband conduit or other broadband facilities on state-owned lands and buildings. (c) To the extent practicable, the office shall encourage and assist local units of government to adopt and implement policies similar to those under paragraphs (a) and (b) for construction or other improvements to county state-aid highways, municipal state-aid roads, and any other rights-of-way under the local unit of government's jurisdiction, and to other lands or buildings owned by the local unit of government.
Minnesota
2016
Minn. Stat.116J.394 (h)
Definition
Category: Definitions
Topic: Definition - Underserved
Defines underserved area as areas lacking wireline service at Speed of 100 megabits per second (Mbps) download and download and 20 Mbps upload.
State Code
(h) "Underserved areas" means areas of Minnesota in which households or businesses lack access to wire-line broadband service at Speed of at least 100 megabits per second download and at least 20 megabits per second upload.
Mississippi
2020
Miss. Code Ann. 27-65-101
Exemptions; industrial
Category: Funding and financing
Topic: Tax Incentives
Exempts telecommunications companies’ purchases of broadband equipment from half of the sales tax owed if the equipment is installed in tier one areas, and the entire sales tax if installed in tier two or three areas.
State Code
(b) Sales of equipment to telecommunications enterprises after June 30, 2003, and before July 1, 2025, that is installed in Tier One areas and used in the deployment of broadband technologies shall be exempt from one-half (½) of the taxes imposed on such transactions under this chapter.
(c) Sales of equipment to telecommunications enterprises after June 30, 2003, and before July 1, 2025, that is installed in Tier Two and Tier Three areas and used in the deployment of broadband technologies shall be exempt from the taxes imposed on such transactions under this chapter.
Mississippi
2003
Miss. Code Ann. 57-87-3
Legislative findings
Category: Other
Topic: Legislative Intent
Declares Legislature’s intent to expand high-speed internet access, especially in less developed parts of the state.
State Code
(1) The Legislature finds that the long-standing telecommunications policy of this state has been to ensure that all citizens have access to telephone service. The increasing reliance upon access to computer information services for jobs, housing and other necessities requires that this concept be broadened to include high-speed access to the Internet as well.
Mississippi
2020
Miss. Code Ann. 57-87-5
Definitions; credit against income tax and corporation franchise tax liability of telecommunications enterprises for investments made after June 30, 2003 and before July 1, 2020
Category: Funding and financing
Topic: Tax Incentives
Creates a tax credit for telecommunications companies that invest in broadband equipment for expenditures made between June 30, 2003, and July 1, 2025.
State Code
(2) With respect to the investment in each year by a telecommunications enterprise after June 30, 2003, and before July 1, 2025, there shall be allowed annually as a credit against the aggregate tax imposed by Chapters 7 and 13 of Title 27, Mississippi Code of 1972, an amount equal to:
(a) Five percent (5%) of the cost of equipment used in the deployment of broadband technologies in Tier One areas;
(b) Ten percent (10%) of the cost of equipment used in the deployment of broadband technologies in Tier Two areas; and
(c) Fifteen percent (15%) of the cost of equipment used in the deployment of broadband technologies in Tier Three areas.
Mississippi
2003
Miss. Code Ann. 57-87-7
Ad valorem taxation for equipment placed in service after June 30, 2003, and before July 1, 2020, for use in deployment of broadband technologies (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Exempts equipment deployed to provide broadband service from the ad valorem tax for a period of 10 years. Covers equipment placed in service after June 30, 2003, and before July 1, 2020, for use in deployment of broadband technologies. Defines broadband as 384 kilobits per second.
State Code
For purposes of this section, “equipment used in the deployment of broadband technologies” means any equipment capable of being used for or in connection with the transmission of information at a rate, prior to taking into account the effects of any signal degradation, that is not less than three hundred eighty-four (384) kilobits per second in at least one direction, including, but not limited to, asynchronous transfer mode switches, digital subscriber line access multiplexers, routers, servers, multiplexers, fiber optics and related equipment.
Mississippi
2003
Miss. Code Ann. 57-87-7
Ad valorem taxation for equipment placed in service after June 30, 2003, and before July 1, 2020, for use in deployment of broadband technologies (Tax Incentives)
Category: Funding and financing
Topic: Tax Incentives
Defines broadband as 384 kilobits per second, for purposes of the ad valorem tax.
State Code
Equipment used in the deployment of broadband technologies by a telecommunications enterprise (as defined in Section 57-73-21(14)), that is placed in service after June 30, 2003, and before July 1, 2020, shall be exempt from ad valorem taxation for a period of ten (10) years after the date such equipment is placed in service.
Mississippi
2019
Miss. Code Ann. 77-17-1 et seq.
Mississippi Broadband Enabling Act
Category: Competition and regulation
Topic: Cooperatives (Electric)
Allows electric cooperatives to provide broadband services through an affiliate and to allow affiliates or other providers to own, lease, construct, maintain, and operate a broadband system on the cooperative’s delivery system, provided that cooperatives do not subsidize those services.
State Code
This chapter shall be known and may be cited as the “Mississippi Broadband Enabling Act.” (1) Every electric cooperative is authorized to establish, acquire, and wholly or partially own one or more broadband affiliates.
(2) An electric cooperative may allow its broadband affiliate(s) or an unaffiliated broadband operator to own, lease, construct, maintain and operate a broadband system on the electric cooperative’s electric delivery system and to provide broadband services to the public utilizing the electric cooperative’s broadband system or other parts of its electric delivery system.
(3) An electric cooperative is not required to implement a broadband system or allow others to use broadband capacity on the electric cooperative’s electric delivery system to provide broadband services.
(4) An electric cooperative may determine, in its sole discretion, which broadband operators, if any, may have access to broadband capacity on the electric cooperative’s broadband system; and it shall be lawful for an electric cooperative to provide an affiliate or other broadband operator exclusive access to broadband capacity on the electric cooperative’s broadband system.
(5)
(a) An electric cooperative may charge an affiliate or an unaffiliated broadband operator for the construction, installation, operation, use, and maintenance of those parts of its electric delivery system that are used or may be reserved for use by the affiliate or unaffiliated broadband operator for the provision of broadband services. Any lease of facilities by an electric cooperative to a broadband affiliate that includes the use of the electric cooperative’s poles shall specifically include pole attachment fees to be paid by the broadband affiliate to the electric cooperative equal to pole attachment fees charged by the electric cooperative to like unaffiliated, private entities.
(b) An electric cooperative shall not:
(i) Charge an affiliate under this chapter an amount less than the electric cooperative charges an unaffiliated entity for the same item or class of items; or
(ii) Pay an affiliate under this chapter an amount more than the affiliate charges an unaffiliated entity for the same item or class of items.
(6) An electric cooperative shall not use its electric energy sales revenues to subsidize the provision by an affiliate or unaffiliated broadband operator of broadband services to the public. An electric cooperative may, however, make capital investments in an affiliate, make loans to an affiliate at fair market rate, and enter loan guarantees for the benefit of an affiliate, all of which may be in such amounts and on such terms as the electric cooperative’s board of directors determines to be prudent and authorizes.
(7) Electric cooperatives exercising their authority granted by this chapter shall comply with all financial performance and loan covenant obligations required by the United States Department of Agriculture/Rural Utilities Service and/or National Rural Utility Cooperative Finance Corporation or other like entities.
(8) Before broadband services may be offered under this chapter, an electric cooperative must, by resolution of the board of directors and spread upon its minutes, have an economic feasibility study conducted and adopt a plan that will provide service to its entire certificated area. Such feasibility study shall be made available to electric cooperative members upon request. (1) An electric cooperative shall not allow the installation or operation of a broadband system on its electric delivery system by an affiliate or other broadband operator to diminish the reliability of the electric delivery system.
(2) An electric cooperative shall not require any person to purchase broadband services from an affiliate or other broadband operator as a condition of receiving or continuing to receive electric energy from the electric cooperative.
(3) An electric cooperative shall not disconnect, nor threaten to disconnect, its electric service to any customer due to the customer’s failure to pay for broadband services provided to the customer by an affiliate or other broadband operator. (1) An electric cooperative may grant permission to an affiliate or other broadband operator to use the electric delivery system of the electric cooperative to provide broadband services. The use of the electric cooperative’s electric delivery system for the provision of broadband services by the affiliate or other broadband operator shall not be considered an additional burden on the real property upon which the electric cooperative’s electric delivery system is located and shall not require the affiliate or other broadband operator to obtain the consent of anyone having an interest in the real property upon which the electric cooperative’s electric delivery system is located.
(2) If a portion of an electric cooperative’s electric delivery system is used by an affiliate or other broadband operator for the provision of broadband services and the landowner of the real property on which such portion is located believes his property has been damaged by such use, the landowner may petition the circuit court of the county in which the property is situated for any damages to which the landowner may be entitled under this subsection.
(a) The petition allowed and damages recoverable under this subsection (2) shall be the landowner’s exclusive remedy, and the landowner shall not be entitled to assert any other theory, claims or causes of action nor recover any other damages, punitive damages, costs, attorneys’ fees, or other relief.
(b) The recoverable damages, if any, shall be recoverable only from the affiliate or other broadband operator and not from the electric cooperative.
(c) The damages recoverable shall be an amount equal to the difference between (i) the fair market value of the landowner’s interest in the real property immediately before the electric cooperative’s electric delivery system on the owner’s property was first used by an affiliate or other broadband operator for the provision of broadband services, and (ii) the fair market value of the landowner’s interest in the real property immediately after the electric cooperative’s electric delivery system on the landowner’s property was first used by an affiliate or other broadband operator for the provision of broadband services. The before and after values must be established by the testimony of a qualified real estate appraiser. The damages, if any, shall be fixed and shall not be deemed to continue, accumulate, or accrue. The court shall as part of its judgment vest a permanent easement in favor of the affiliate or other broadband operator and their respective successors and assigns for the placement or use of a broadband system on or as part of the electric delivery system. The judgment will have the same effect of a conveyance executed in due form of law and shall run with the land; and a certified copy of said judgment may be filed by the affiliate or other broadband operator in the land records of the county in which the subject property is located.
(d) Evidence of past, current or future revenues or profits derived or to be derived by an affiliate or other broadband operator from providing broadband services is not admissible for any purpose in any such proceeding.
(e) The landowner shall not be entitled to any damages or other relief relating to any broadband system or portion thereof that is located on the landowner’s property and is used or could be used by the electric cooperative for its own operations.
(f) The landowner shall not be entitled to any relief or damages if an easement has been granted to the affiliate or other broadband operator or if the landowner has, either directly or through his membership in the electric cooperative, authorized the electric cooperative to use or allow others to use its electric delivery system for the provision of broadband services.
Mississippi
no date
Miss. Code Ann. 77-3-3 (d-iii)
Definitions
Category: Competition and regulation
Topic: Regulatory Authority
Says that broadband services are not considered a public utility, and therefore are not subject to the jurisdiction of the Public Service Commission
State Code
Nothing in this chapter shall be construed to apply to television stations, radio stations, community television antenna services, video services, voice over Internet protocol services (“VoIP”), any wireless services including commercial mobile services, Internet protocol (“IP”) - enabled services or broadband services
Mississippi
no date
Miss. Code Ann. 77-3-3 (k)
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband as 200 kilobits per second in either direction.
State Code
(k) The term “broadband services” means any service that consists of or includes a high-speed access capability to transmit at a rate that is not less than two hundred (200) kilobits per second either in the upstream or downstream direction and either: (i) Is used to provide access to the Internet, or (ii) Provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over such high-speed access service.
Missouri
2013
Mo. Rev. Stat. 392.611
Inapplicability of laws and rules, when—Universal Service Fund surcharge—broadband not subject to regulation, when—no exemption from rules, when—alternative certification
Category: Competition and regulation
Topic: Regulatory Authority
Exempts broadband from Public Service Commission jurisdiction.
State Code
2. Broadband and other internet protocol-enabled services shall not be subject to regulation under chapter 386 or this chapter
Missouri
2018
Mo. Rev. Stat. 394.085
High-speed broadband communications, general assembly declaration on, intent — rural electric cooperative defined — construction of law — offering of services, requirement
Category: Competition and regulation
Topic: Cooperatives
Recognizes that the high capital costs of deploying fiber optic broadband technology impedes access to high-speed internet service and states the intention of the Legislature to enable and encourage rural electric cooperatives to provide broadband in their service areas. Requires electric cooperatives to provide service in a timely manner to all property owners whose land is used by the cooperative to install fiber.
State Code
1. The general assembly declares that expanding and accelerating access to high-speed broadband communications services throughout the entire state of Missouri is necessary, desirable, in the best interests of the citizens of this state, and that it is a public purpose of great importance. 2. In recognition that the high capital cost of deploying fiber optics technologies to provide broadband communications services impedes access to such services, and the rural electric cooperatives deploy fiber optics technologies for use in the operation of their electric system infrastructure, it is the intent of the general assembly to facilitate and to encourage rural electric cooperatives and their affiliates, either collectively, or individually, to continue to enter into and establish voluntary contracts or other forms of joint or cooperative agreements for the use of rural electric cooperative infrastructure in providing access to broadband services.
Missouri
2018
Mo. Rev. Stat. 394.085 (1)
High-speed broadband communications, General Assembly declaration on, intent—rural electric cooperative defined—construction of law—offering of services, requirement
Category: Other
Topic: Legislative Intent
Declares the Legislature’s intent to expand broadband access and to facilitate rural electric cooperatives in providing broadband.
State Code
1. The general assembly declares that expanding and accelerating access to high-speed broadband communications services throughout the entire state of Missouri is necessary, desirable, in the best interests of the citizens of this state, and that it is a public purpose of great importance. 2. In recognition that the high capital cost of deploying fiber optics technologies to provide broadband communications services impedes access to such services, and the rural electric cooperatives deploy fiber optics technologies for use in the operation of their electric system infrastructure, it is the intent of the general assembly to facilitate and to encourage rural electric cooperatives and their affiliates, either collectively, or individually, to continue to enter into and establish voluntary contracts or other forms of joint or cooperative agreements for the use of rural electric cooperative infrastructure in providing access to broadband services.
Missouri
2018
Mo. Rev. Stat. 620.2450
Program established, expanded access to broadband internet service — definitions
Category: Broadband programs
Topic: Agency
Assigns responsibility for administering the broadband grant program and acting as its fiscal agent to the Department of Economic Development.
State Code
1. A grant program is hereby established under sections 620.2450 to 620.2458 to award grants to applicants who seek to expand access to broadband internet service in unserved and underserved areas of the state. The department of economic development shall administer and act as the fiscal agent for the grant program and shall be responsible for receiving and reviewing grant applications and awarding grants under sections 620.2450 to 620.2458. Funding for the grant program established under this section shall be subject to appropriation by the general assembly.
Missouri
2018
Mo. Rev. Stat. 620.2450 (1)
Program established, expanded access to broadband internet service—definitions
Category: Definitions
Topic: Definition - Underserved
Defines “underserved” as an area lacking 25 megabits per second (Mbps) download and 3 Mbps upload.
State Code
(1) "Underserved area", a project area without access to wireline or fixed wireless broadband internet service of Speed of at least twenty-five megabits per-second download and three megabits per-second upload;
Missouri
2018
Mo. Rev. Stat. 620.2450 (2)
Program established, expanded access to broadband internet service—definitions
Category: Definitions
Topic: Definition - Unserved
Defines “unserved” as an area lacking 10 megabits per second (Mbps) download and 1 Mbps upload.
State Code
(2) "Unserved area", a project area without access to wireline or fixed wireless broadband internet service of Speed of at least ten megabits per-second download and one megabit per-second upload.
Missouri
2018
Mo. Rev. Stat. 620.2450 et seq.
Broadband Internet Grant Program, Unserved and Underserved Areas
Category: Funding and financing
Topic: Fund - Broadband
Establishes a grant program to expand broadband access to unserved and underserved areas. Specifies types of entities that are eligible for grants: private businesses of various types, nonprofits, political subdivisions, and rural electric cooperatives. Defines the application process for broadband grants, including a challenge process. Addresses requirements of the grant program, including that grant money must fund internet service with speeds of at least 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads, and be scalable to higher speeds, that the Department of Economic Development prioritize applications serving unserved areas, and that the grant program not fund more than 50% of the cost of any project, award more than $5 million to any one project, require open access networks, or impose terms different from what providers offer in other parts of its service area or unreasonable time constraints.
State Code
1. A grant program is hereby established under sections 620.2450 to 620.2458 to award grants to applicants who seek to expand access to broadband internet service in unserved and underserved areas of the state. The department of economic development shall administer and act as the fiscal agent for the grant program and shall be responsible for receiving and reviewing grant applications and awarding grants under sections 620.2450 to 620.2458. Funding for the grant program established under this section shall be subject to appropriation by the general assembly.
Missouri
2020
Mo. Rev. Stat. 67.1461
Powers of district — reimbursement of municipality — limitations
Category: Funding and financing
Topic: Financing - Other
Authorizes funding for telecommunications and broadband service providers in unserved or underserved areas in Community Improvement Districts, special taxing districts that collect revenue to pay for special public facilities, improvements, or services in the district.
State Code
1. Each district shall have all the powers, except to the extent any such power has been limited by the petition approved by the governing body of the municipality to establish the district, necessary to carry out and effectuate the purposes and provisions of sections 67.1401 to 67.1571 including, but not limited to, the following: (29) To partner with a telecommunications company or broadband service provider in order to construct or improve telecommunications facilities which shall be wholly owned and operated by the telecommunications company or broadband service provider, as the terms "telecommunications company" and "telecommunications facilities" are defined in section 386.020 and subject to the provisions of section 392.410, that are in an unserved or underserved area, as defined in section 620.2450. Before any facilities are improved or constructed as a result of this section, the area shall be certified as unserved or underserved by the director of broadband development within the department of economic development;
Missouri
2020
Mo. Rev. Stat. 67.453
Citation of law — definitions
Category: Funding and financing
Topic: Financing - Other
Authorizes funding for telecommunications and broadband service providers in unserved or underserved areas in Neighborhood Improvement Districts, special taxing districts that collect revenue to help pay for public infrastructure, facilities, or other improvements that benefit district residents.
State Code
(5) "Improvement", any one or more public facilities or improvements which confer a benefit on property within a definable area and may include or consist of a reimprovement of a prior improvement. Improvements include, but are not limited to, the following activities: (f) To partner with a telecommunications company or broadband service provider in order to construct or improve telecommunications facilities which shall be wholly owned and operated by the telecommunications company or broadband service provider, as the terms "telecommunications company" and "telecommunications facilities" are defined in section 386.020 and subject to the provisions of section 392.410, that are in an unserved or underserved area, as defined in section 620.2450. Before any facilities are improved or constructed as a result of this section, the area shall be certified as unserved or underserved by the director of broadband development within the department of economic development;
Missouri
2014
Mo. Rev. Stat. 67.5090 to 67.5103
Uniform Wireless Communications Infrastructure Deployment Act
Category: Infrastructure access
Topic: Wireless facilities
Declares legislative intent to encourage and streamline deployment of broadband and wireless facilities. Defines a wireless facility. Prohibits local authorities from regulating wireless facilities in certain ways, such as by dictating the type of technology to be used, imposing environment testing for radio emissions, or discriminating between different providers. Allows authorities to exercise existing zoning, land use, planning, and permitting powers regarding the placement of wireless support structures, except as specifically described in Mo. Rev. Stat. 67.5090 to 67.5103. Specifies permit application procedures that local authorities must follow. Allows authorities to exercise existing zoning, land use, planning, and permitting powers regarding the modification of wireless support structures, except as described in Mo. Rev. Stat. 67.5090 to 67.5103. Describes permit application procedures that local authorities must follow. States that local authorities should review co-location permit applications only to verify that they meet safety and building codes. Specifies that local authorities have 45 days to act on permit applications. Prohibits local authorities from putting a moratorium on wireless infrastructure applications of more than six months and requires them to allow providers to put wireless infrastructure on public land under nondiscriminatory conditions.
State Code
Sections 67.5090 to 67.5103 shall be known and may be cited as the "Uniform Wireless Communications Infrastructure Deployment Act" and is intended to encourage and streamline the deployment of broadcast and broadband facilities and to help ensure that robust wireless radio-based communication services are available throughout Missouri.
Missouri
2014
Mo. Rev. Stat. 67.5104
Pole attachment and pole defined—denial of permit on nondiscriminatory basis only—pole attachment fees, terms, and conditions to be nondiscriminatory—review, when—attachment during pendency of dispute—revocation, when
Category: Infrastructure access
Topic: Pole attachments
Requires pole attachment fees charged by local authorities to be nondiscriminatory and reasonable.
State Code
2. Notwithstanding sections 67.1830 to 67.1846, any pole attachment fees, terms, and conditions, including those related to the granting or denial of access, demanded by a municipal utility pole owner or controlling authority of a municipality shall be nondiscriminatory, just, and reasonable and shall not be subject to any required franchise authority or government entity permitting, except as provided in this section.
Missouri
2018
Mo. Rev. Stat. 67.5110 to 67.5125
Uniform Small Wireless Facility Deployment Act
Category: Infrastructure access
Topic: Small cell facilities
Intended to encourage deployment of small cell facilities across the state. Requires local authorities to permit small wireless facilities to be co-located within right of way and to be located anywhere outside of an area zoned as single-family residential. Allows local authorities to require permits for small cell, subject to certain limits on permitting fees, application deadlines, and the criteria used to evaluate a permit. Requires local authorities to permit the co-location of small wireless facilities on authority-owned poles. Prohibits authorities from charging fees for co-locating on authority-owned poles or using right of way.
State Code
Sections 67.5110 to 67.5121 shall be known and may be cited as the "Uniform Small Wireless Facility Deployment Act", which is intended to encourage and streamline the deployment of small wireless facilities and to help ensure that robust and dependable wireless radio-based communication services and networks are available throughout Missouri, which is a matter of legitimate statewide concern, by adopting a uniform statewide framework for the deployment of small wireless facilities and the utility poles to which they are attached consistent with sections 67.5110 to 67.5121 and sections 67.1830 to 67.1846.
Montana
2001
Mont. Code Ann. 2-17-601
Statement of purpose—policy
Category: Other
Topic: Legislative Intent
States Legislature’s intent to expand high-speed internet access through the private sector, without interference or competition from the government.
State Code
1) The legislature recognizes that access to affordable, high-speed internet services is critical to the state's economic future and that the planning, development, and delivery of quality internet services should be a coordinated effort among state government, local governments, and private enterprise. (2) It is the policy of this state to: (a) recognize that private sector enterprises engaged in the delivery of internet access and related services should have an opportunity to provide those services without undue interference or competition from the state or its political subdivisions; and (b) encourage agencies and political subdivisions to publicly announce requirements for internet services and negotiate contracts for internet access with private enterprise to ensure that innovative technology is available to serve the public's needs at the most fair and reasonable cost.
Montana
2001
Mont. Code Ann. 2-17-603
Government competition with private internet services providers prohibited—exceptions
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits state agencies and local jurisdictions from acting as an internet service provider (ISP), except if they serve areas that are not already served or provide advanced services that no private ISP provides.
State Code
(1) Except as provided in subsection (2)(a) or (2)(b), an agency or political subdivision of the state may not directly or through another agency or political subdivision be an internet services provider. (2) (a) An agency or political subdivision may act as an internet services provider if: (i) no private internet services provider is available within the jurisdiction served by the agency or political subdivision; or (ii) the agency or political subdivision provided services prior to July 1, 2001. (b) An agency or political subdivision may act as an internet services provider when providing advanced services that are not otherwise available from a private internet services provider within the jurisdiction served by the agency or political subdivision. (c) If a private internet services provider elects to provide internet services in a jurisdiction where an agency or political subdivision is providing internet services, the private internet services provider shall inform the agency or the political subdivision in writing at least 30 days in advance of offering internet services. (3) Upon receiving notice pursuant to subsection (2)(c), the agency or political subdivision shall notify its subscribers within 30 days of the intent of the private internet services provider to begin providing internet services and may choose to discontinue providing internet services within 180 days of the notice.
Montana
2001
Mont. Code Ann. 2-17-604
Alternatives to public internet services providers
Category: Competition and regulation
Topic: Municipal Broadband
Requires public agencies and local jurisdictions to use private internet service providers to deliver internet service to the public, to the maximum extent possible.
State Code
An agency or political subdivision is encouraged to publish its requirements for internet services and to use, to the maximum extent possible, private internet services providers to deliver internet services to the public.
Montana
no date
Mont. Code Ann. 35-18-102 (1)
Definition
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines a broadband transmission facility as one capable of handling frequencies greater than those required for high-grade voice communication, higher than 4 Kilohertz.
State Code
(1) "Broadband" means transmission facilities capable of handling frequencies greater than those required for high-grade voice communication, higher than 4 kilohertz.
Montana
no date
Mont. Code Ann. 35-18-104
Exemption from jurisdiction of Public Service Commission
Category: Competition and regulation
Topic: Regulatory Authority
Exempts cooperatives from the jurisdiction of the Public Service Commission.
State Code
Cooperatives and foreign corporations transacting business in this state pursuant to this chapter are exempt in all respects from the jurisdiction and control of the public service commission of this state.
Montana
no date
Mont. Code Ann. 35-18-105
Permissible purposes for incorporation
Category: Competition and regulation
Topic: Cooperatives
Allows cooperatives to be organized for the purpose of providing broadband.
State Code
Cooperative nonprofit membership corporations may be organized under this chapter: (2) for the purposes of making generally available adequate telephone service, cable television service, or broadband facilities through the improvement and expansion of existing telephone, cable television, or broadband facilities and the construction and operation of additional facilities as are required to ensure the availability of service to the widest practicable number of users of telephone service, cable television service, or broadband facilities;
Montana
no date
Mont. Code Ann. 35-18-106
Powers of cooperatives
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows electric cooperatives to build broadband lines along public rights of way and public lands.
State Code
(h) subject to the requirements on the use of public thoroughfares and land that are imposed by the appropriate authority having jurisdiction over corporations constructing or operating electric transmission and distribution lines or systems or telephone lines, facilities, or systems, construct, maintain, and operate electric transmission and distribution lines or telephone, cable television, or broadband lines, facilities, or systems: (i) along, upon, under, and across all public thoroughfares, including without limitation all roads, highways, streets, alleys, bridges, and causeways; and (ii) upon, under, and across all publicly owned lands;
Montana
2009
Mont. Code Ann. 90-1-175
Rulemaking (Agency)
Category: Broadband programs
Topic: Agency
Authorizes the Department of Commerce to write rules for a broadband mapping program created with American Recovery and Reinvestment Act funds.
State Code
The department of commerce may adopt rules to implement the broadband mapping program funded in Chapter 489, Laws of 2009.
Montana
2009
Mont. Code Ann. 90-1-175
Rulemaking (Mapping)
Category: Broadband programs
Topic: Mapping
Authorizes the Department of Commerce to write rules for a broadband mapping program created with American Recovery and Reinvestment Act funds.
State Code
The department of commerce may adopt rules to implement the broadband mapping program funded in Chapter 489, Laws of 2009.
Montana
2018
Mont. Executive Order No. 3-2018
Executive order providing for Internet neutrality principles in state procurement
Category: Competition and regulation
Topic: Net Neutrality
Directs the Department of Administration to incorporate requirements that recipients of state contracts for internet, data, and telecommunications adhere to net neutrality principles. Requires that all internet service providers receiving state contracts after July 1, 2018 disclose network management practices and commercial terms of service to all customers, including the State of Montana, to allow consumers to make informed choices. Further requires that all internet service providers receiving state contracts after July 1, 2018 follow net neutrality principles for all customers for which it provides service in the state, including the State of Montana.
State Code
WHEREAS, the free and open exchange of information, secured by a free and open internet, has never been more essential to modem social, commercial, and civic life�WHEREAS, the State of Montana is a significant purchaser of internet services; WHEREAS, the purpose of this Executive Order is to ensure the efficient procurement of goods and services for the State of Montana; the uniform application of internet neutrality principles in Montana is closely related to the delivery of predictable, stable, high quality internet service for the State, and this Executive Order is an essential response for state procurement policy and local economic needs; WHEREAS, the State of Montana has a distributed data storage model and thousands of employees across the state-paid prioritization and throttling could fundamentally impact state employees' ability to conduct business; and WHEREAS, many State of Montana government services are exclusively online; throttling and paid prioritization could limit Montana citizens' ability to receive government services and dramatically deepen the "digital divide" as well as exacerbate challenges our poorest citizens have in accessing government help. NOW, THEREFORE, I, STEVE BULLOCK, Governor of the State of Montana, pursuant to the authority vested in me as Governor under the Constitution and the laws of the State of Montana, do hereby order and direct the Department of Administration to incorporate into the state procurement process for internet, data, and telecommunications services ( collectively, "telecommunications services") criteria requiring that successful recipients of state contracts adhere to internet neutrality principles. After July 1, 2018, to receive a contract from the State of Montana for the provision of telecommunications services, a service provider must publicly disclose to all of its customers in the State of Montana (including but not limited to the State itself): accurate information regarding the network and transport management practices (including cellular data and wireless broadband transport), performance and commercial terms of its broadband internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain internet offerings.
Nebraska
2012
Neb. Rev. Stat. 86-103.01
Advanced telecommunications capability service, defined
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines “telecommunications service” as high-speed, broadband telecommunications capability provided by a local exchange carrier that enables users to originate and receive high-quality voice, data, graphics, and video using any technology.
State Code
Advanced telecommunications capability service means high-speed, broadband telecommunications capability provided by a local exchange carrier that enables users to originate and receive high-quality voice, data, graphics, and video communications using any technology.
Nebraska
2018
Neb. Rev. Stat. 86-1101
Broadband telecommunications service; legislative intent (Goal)
Category: Broadband programs
Topic: Goal
Declares the legislature’s intent to ensure that all residents have access to speeds of at least 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads, regardless of whether they live in urban or rural areas and that the price of service be comparable among rural and urban areas.
State Code
The Legislature finds and declares that: (1) The availability, quality, and affordability of broadband telecommunications service is important to the residents of Nebraska; and (2) Because availability, quality, and affordability of broadband telecommunications service is lacking in certain rural areas in Nebraska, combined with greater investment in urban areas, the state may be facing a digital divide. It is the intent of the Legislature that broadband telecommunications service in rural areas of the state should be comparable in download and upload speed and price to urban areas in the state where possible and that state resources should be utilized to ensure that the rural residents of the state should not be penalized simply because of their rural residence. It is further the intent of the Legislature that the residents of this state should have access to broadband telecommunications service at a minimum download speed of twenty-five megabits per second and a minimum upload speed of three megabits per second.
Nebraska
2018
Neb. Rev. Stat. 86-1101
Broadband telecommunications service; legislative intent (Legislative Intent)
Category: Other
Topic: Legislative Intent
Finding that access to broadband is important to Nebraska residents and that the state may be facing a lack of available, quality, and affordable broadband service in rural areas, declares the legislature’s intent that broadband service be comparable in speed and price in the state’s rural and urban areas and that all residents should have access to speeds of at least 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads.
State Code
The Legislature finds and declares that: (1) The availability, quality, and affordability of broadband telecommunications service is important to the residents of Nebraska; and (2) Because availability, quality, and affordability of broadband telecommunications service is lacking in certain rural areas in Nebraska, combined with greater investment in urban areas, the state may be facing a digital divide. It is the intent of the Legislature that broadband telecommunications service in rural areas of the state should be comparable in download and upload speed and price to urban areas in the state where possible and that state resources should be utilized to ensure that the rural residents of the state should not be penalized simply because of their rural residence. It is further the intent of the Legislature that the residents of this state should have access to broadband telecommunications service at a minimum download speed of twenty-five megabits per second and a minimum upload speed of three megabits per second.
Nebraska
2020
Neb. Rev. Stat. 86-1102
Rural Broadband Task Force; created; members; terms; advisory groups; staff assistance; powers; duties; expenses; meetings; report
Category: Broadband programs
Topic: Task Force
Establishes the Rural Broadband Task Force to compare Nebraska download and upload speeds with those in surrounding states, examine the role of the Universal Service Fund in expanding broadband access, review the feasibility of different technological solutions, explore alternative programs for deploying broadband, and make recommendations to the governor and Legislature.
State Code
(1) The Rural Broadband Task Force is hereby created. Task force members shall include the chairperson of the Transportation and Telecommunications Committee of the Legislature and a member of the Legislature selected by the Executive Board of the Legislative Council who shall both serve as nonvoting, ex officio members, a member of the Public Service Commission who shall be selected by the chairperson of such commission, the chairperson of the Nebraska Information Technology Commission or his or her designee who shall act as chairperson of the task force, the Director of Economic Development or his or her designee, the Director of Agriculture or his or her designee, and the following members to be appointed by the Governor: A representative of the agribusiness community, a representative of the Nebraska business community, a representative of the regulated wireline telecommunications industry, a representative of the wireless telecommunications industry, a representative of the public power industry, a representative of health care providers, a representative of Nebraska postsecondary educational institutions, and a representative of rural schools offering kindergarten through grade twelve. The members appointed by the Governor shall serve for a term of two years and may be reappointed.
(2) The task force may appoint advisory groups to assist the task force in providing technical expertise and advice on any issue. The advisory groups may be composed of representatives of stakeholder groups which may include, but not necessarily be limited to, representatives from small and large wireline companies, wireless companies, public power districts, electric cooperative corporations, cable television companies, Internet service providers, low-income telecommunications and electric utility customers, health care providers, and representatives of educational sectors. No compensation or expense reimbursement shall be provided to any member of any advisory group appointed by the task force.
(3) The Nebraska Information Technology Commission shall provide staff assistance to the task force in consultation with staff from the Public Service Commission and other interested parties. The task force may hire consultants to assist in carrying out its duties. The task force shall review issues relating to availability, adoption, and affordability of broadband services in rural areas of Nebraska. In particular, the task force shall:
(a) Determine how Nebraska rural areas compare to neighboring states and the rest of the nation in average download and upload speeds and in subscription rates to higher speed tiers, when available;
(b) Examine the role of the Nebraska Telecommunications Universal Service Fund in bringing comparable and affordable broadband services to rural residents and any effect of the fund in deterring or delaying capital formation, broadband competition, and broadband deployment;
(c) Review the feasibility of alternative technologies and providers in accelerating access to faster and more reliable broadband service for rural residents;
(d) Examine alternatives for deployment of broadband services to areas that remain unserved or underserved, such as reverse auction programs described in section 86-330, public-private partnerships, funding for competitive deployment, and other measures, and make recommendations to the Public Service Commission to encourage deployment in such areas;
(e) Recommend state policies to effectively utilize state universal service fund dollars to leverage federal universal service fund support and other federal funding;
(f) Make recommendations to the Governor and Legislature as to the most effective and efficient ways that federal broadband rural infrastructure funds received after July 1, 2018, should be expended if such funds become available; and
(g) Determine other issues that may be pertinent to the purpose of the task force.
(4) Task force members shall serve on the task force without compensation but shall be entitled to receive reimbursement for expenses incurred for such service as provided in sections 81-1174 to 81-1177.
(5) The task force shall meet at the call of the chairperson and shall present its findings in a report to the Executive Board of the Legislative Council no later than November 1, 2019, and by November 1 every odd-numbered year thereafter. The report shall be submitted electronically.
(6) For purposes of this section, broadband services means high-speed telecommunications capability at a minimum download speed of twenty-five megabits per second and a minimum upload speed of three megabits per second, and that enables users to originate and receive high-quality voice, data, and video telecommunications using any technology.
Nebraska
2018
Neb. Rev. Stat. 86-1103
Rural Broadband Task Force Fund; created; use; investment
Category: Broadband programs
Topic: Task Force
Establishes the Rural Broadband Task Force Fund to carry out the purposes of the task force.
State Code
The Rural Broadband Task Force Fund is created. The fund shall be used to carry out the purposes of the Rural Broadband Task Force as described in section 86-1102. For administrative purposes, the fund shall be located in the Nebraska Information Technology Commission. The fund shall consist of money appropriated or transferred by the Legislature and gifts, grants, or bequests from any source, including federal, state, public, and private sources. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Nebraska
2019
Neb. Rev. Stat. 86-1201 et seq.
Small Wireless Facilities Deployment Act
Category: Infrastructure access
Topic: Small cell facilities
Addresses deployment of small and other next-generation wireless facilities. Prohibits local governments from entering into exclusive agreements for use of or charging discriminatory fees for small wireless facilities to access rights-of-way and from prohibiting, regulating, or charging for the co-location of small wireless facilities or the installation of poles for small wireless facilities. Specifies that installing small wireless facilities is a permitted use in rights-of-way so long as those facilities do not obstruct the right-of-way. Places size restrictions on poles and small wireless facilities. Creates requirements for local authorities’ permitting processes related to small wireless facilities. Specifies conditions under which small wireless facility providers can co-locate on state-owned poles. Outlines the terms of agreements for attaching small wireless facilities on poles owned by local authorities. Clarifies that the terms of this act do not apply to public colleges and universities or public power suppliers.
State Code
(1) The deployment of small wireless facilities and other next-generation wireless facilities is a matter of statewide concern and interest and public policy; (2) Wireless products and services are a significant and continually growing part of the state's economy. Encouraging the development of strong and robust wireless communications networks throughout the state is necessary to address public need and policy and is integral to the state's economic competitiveness; (3) Rapid deployment of small wireless facilities will serve numerous important statewide goals and public policy, including meeting growing consumer demand for wireless data, increasing competitive options for communications services available to the state's residents, improving the ability of the state's residents to communicate with other residents and with their state and local governments, and promoting public safety;
Nebraska
2011
Neb. Rev. Stat. 86-164
Telecommunications carrier; placement of line, wire, or cable across railroad right-of-way; application; petition; hearing; order; standard crossing fee; expenses; agreement
Category: Infrastructure access
Topic: Rights-of-way (Railroad)
Allows telecommunications carriers to request permission from railroad carriers to place lines, wires, or cables across railroad rights-of-way.
State Code
(1) Any telecommunications carrier that intends to place a line, wire, or cable across a railroad right-of-way shall request permission for such placement from the railroad carrier. The request shall be in the form of a completed crossing application, including engineering specifications. Upon receipt of such application, the railroad carrier and the telecommunications carrier may enter into a binding wire-crossing agreement. If the railroad carrier and the telecommunications carrier are unable to negotiate a binding wire-crossing agreement within sixty days after receipt of the crossing application by the railroad carrier, either party may submit a petition to the commission for a hearing on the disputed terms and conditions of the purported wire-crossing agreement.
(2)(a) Unless otherwise agreed to by all parties, the commission shall, after providing proper notice, hold and complete such hearing within sixty days after receipt of the petition. The commission shall issue an order of its decision within thirty days after the hearing. In rendering its decision, the commission shall consider whether the terms and conditions at issue are unreasonable or against the public interest, taking into account safety, engineering, and access requirements of the railroad carrier as such requirements are prescribed by the Federal Railroad Administration and established rail industry standards.
(b) Upon issuance of an order by the commission under subdivision (a) of this subsection, the railroad carrier and the telecommunications carrier shall have fifteen days after the date of issuance to file a conforming wire-crossing agreement with the commission. The commission shall have fifteen days after the date of such filing to approve or reject the agreement. If the commission does not issue an approval or rejection of such agreement within the fifteen-day requirement, the agreement shall be deemed approved. The commission may reject a wire-crossing agreement if it finds that the agreement does not conform to the order issued by the commission. If the commission enters such a finding, the parties shall revise the agreement to comply with the commission's order and shall refile the agreement to the commission for further review. If the commission does not approve or reject the revised agreement within fifteen days after the date of refiling, the agreement shall be deemed approved.
(3)(a) Except as provided in subsection (4) of this section or as otherwise agreed to by all parties, if a telecommunications carrier places a line, wire, or cable across a railroad right-of-way pursuant to this section, it shall pay the railroad carrier, owner, manager, agent, or representative of the railroad carrier a one-time standard crossing fee of one thousand two hundred fifty dollars for each applicable crossing. In addition to the standard crossing fee, the telecommunications carrier shall reimburse the railroad carrier for any actual flagging expenses associated with the placement of the line, wire, or cable.
(b) The standard crossing fee shall be in lieu of any license fee or any other fees or charges to reimburse the railroad carrier for any direct expense incurred as a result of the placement of the line, wire, or cable.
(4) If a railroad carrier or telecommunications carrier believes a special circumstance exists for the placement of a line, wire, or cable across a railroad right-of-way, the railroad carrier or telecommunications carrier may petition the commission for additional requirements or for modification of the standard crossing fee in its initial petition to the commission pursuant to subsection (1) of this section. If the petition is filed with the request for additional requirements or modification, the commission shall determine if a special circumstance exists that necessitates additional requirements for such placement or a modification of the standard crossing fee.
(5) This section applies to any telecommunications carrier certified by the commission pursuant to section 86-128. This section does not apply to any longitudinal encumbrance or any line, wire, or cable within any public right-of-way and does not change, modify, or supersede any rights or obligations created pursuant to sections 86-701 to 86-707.
(6)(a) A wire-crossing agreement between a railroad carrier and a telecommunications carrier that includes a provision, clause, covenant, or agreement contained in, collateral to, or affecting such wire-crossing agreement that purports to indemnify, defend, or hold harmless the railroad carrier from any liability for loss or damage resulting from the negligence or willful and wanton misconduct of the carrier or its agents, employees, or independent contractors who are directly responsible to such carrier or has the effect of indemnifying, defending, or holding harmless such carrier from the negligence or willful and wanton misconduct of the carrier or its agents, employees, or independent contractors who are directly responsible to the carrier is against the public policy of this state and is unenforceable.
(b) Nothing in this section shall affect a provision, clause, covenant, or agreement in which the telecommunications carrier indemnifies, defends, or holds harmless a railroad carrier against liability for loss or damage to the extent that the loss or damage results from the negligence or willful and wanton misconduct of the telecommunications carrier or its agents, employees, or independent contractors who are directly responsible to the telecommunications carrier.
(7) For purposes of this section:
(a) Railroad carrier has the same meaning as in section 75-402; and
(b) Telecommunications carrier means a telecommunications common carrier as defined in section 86-118 or a telecommunications contract carrier as defined in section 86-120.
Nebraska
2020
Neb. Rev. Stat. 86-166
Broadband Data Improvement Program; purpose; commission, powers and duties
Category: Broadband programs
Topic: Mapping
Creates the Broadband Data Improvement Program to be administered by the Public Utilities Commission. Tasks the program with participating in the FCC’s Digital Opportunity Data Collection, developing a state-based broadband data crowdsource program (if the commission determines that doing so would improve Nebraska’s broadband map), and developing a statewide outreach plan to promote citizen participation in the data crowdsource program, with priority on data improvement in rural areas.
State Code
(1) To ensure that the State of Nebraska is accurately represented in federal broadband grant programs, including grants from the federal Universal Service Fund, the Broadband Data Improvement Program is created. The Broadband Data Improvement Program shall be administered by the commission.
(2) The purpose of the Broadband Data Improvement Program is to:
(a) Complement the granular broadband availability data submitted by service providers to the Federal Communications Commission or the Universal Service Administrative Company;
(b) Leverage the Federal Communication Commission's Digital Opportunity Data Collection to improve Nebraska's broadband map; and
(c) Encourage Nebraskans to participate in crowdsourcing efforts developed to enhance federal broadband mapping.
(3) In administering the Broadband Data Improvement Program, the commission may:
(a) Participate in the Federal Communication Commission's Digital Opportunity Data Collection, as such collection existed on January 1, 2020;
(b) In the absence of a federal program to crowdsource broadband data, develop a state-based broadband data crowdsource program if it is determined by the commission that doing so would improve Nebraska's broadband map;
(c) Develop a statewide outreach plan to promote citizen participation in a state or federal broadband data crowdsource program;
(d) Allocate resources to areas of the state where public feedback, crowdsourcing, or other evidence suggests that the federal broadband data may be inaccurate;
(e) Prioritize data improvement in rural areas, including those areas within any city of the first class, city of the second class, village, or unincorporated area of a county; and
(f) Adhere to any guidelines established by the Federal Communications Commission for states to improve data.
(4) The commission may adopt and promulgate rules and regulations to carry out the purposes of this section.
Nebraska
2018
Neb. Rev. Stat. 86-330
Unserved or underserved exchanges; reverse auction program; funding to providers; Public Service Commission; powers and duties
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Allows the Public Service Commission to hold a reverse auction to fund broadband infrastructure. Also allows the commission to withhold Universal Service Fund funding from providers that have not served unserved areas as agreed and allows the commission to hold a reverse auction to allow other providers to serve the area.
State Code
Based on consumer complaints or upon its own motion, the Public Service Commission may open a docket to consider the implementation and operation of a reverse auction program that awards funding to broadband Internet service providers to support high-speed Internet infrastructure deployment projects in unserved or underserved exchanges within the State of Nebraska. The commission may, in its discretion, withhold funding from the Nebraska Telecommunications Universal Service Fund to any telecommunications company that has not served, to the commission's satisfaction, those areas with service that meets the criteria for successful investment of funding from the Nebraska Telecommunications Universal Service Fund.
Nebraska
2020
Neb. Rev. Stat. 86-5,102 et seq.
Broadband Internet Service Infrastructure Act
Category: Infrastructure access
Topic: Rights-of-way (Easements)
Authorizes the use of electric utility easements or infrastructure for the installation, maintenance, or leasing of broadband facilities by commercial suppliers.
State Code
Sections 86-5,102 to 86-5,108 shall be known and may be cited as the Broadband Internet Service Infrastructure Act. The Legislature finds and declares that (1) it is in the public interest for commercial broadband suppliers and electric utilities to enter into broadband facility agreements and (2) the use of electric utility easements and electric utility infrastructure for commercial broadband facilities pursuant to a broadband facility agreement does not diminish the value of underlying real estate...(1) An electric utility and a commercial broadband supplier may enter into a broadband facility agreement for the use of an electric utility easement or electric utility infrastructure, or both, to:
(a) Install, maintain, or own, or permit any commercial broadband supplier to install, maintain, or own, an attached facility for operation by a commercial broadband supplier in providing commercial broadband service; and
(b) Lease or otherwise provide to a commercial broadband supplier any excess capacity of attached facilities for purposes of providing commercial broadband service.
(2)(a) A broadband facility agreement shall contain one of the following with respect to the use of any electric utility easement:
(i) A statement that the electric utility has the legal right to authorize the use of the electric utility easement for commercial broadband facilities;
(ii) A statement that the commercial broadband supplier has compensated property owners for the use of the electric utility easement for commercial broadband facilities pursuant to subsection (5) of this section; or
(iii) A statement that the electric utility has given notice to property owners pursuant to subdivision (2)(b) of this section and the time for making a claim has expired.
Nebraska
2001
Neb. Rev. Stat. 86-575 et seq.
Agency or political subdivision; dark fiber; disposition; powers
Category: Infrastructure access
Topic: IA - Other
Allows a municipality or state agency to own, sell, and/or lease out dark fiber.
State Code
(1) Any agency or political subdivision of the state may: (a) Own dark fiber; (b) Sell dark fiber pursuant to section 86-576; and (c) Lease dark fiber pursuant to section 86-577. (2) Any agency or political subdivision which sells or leases its dark fiber pursuant to sections 86-574 to 86-578 shall not be deemed to be providing telecommunications services as defined in section 86-593.
Nebraska
2020
Neb. Rev. Stat. 86-579
Nebraska Internet Enhancement Fund; created; use; investment; termination
Category: Funding and financing
Topic: Fund - Broadband
Establishes the Nebraska Internet Enhancement Fund to provide financial assistance for installation and delivery of telecommunications infrastructure and service throughout the state until June 30, 2021. After that date, the state treasurer will transfer any remaining money to the Nebraska Telecommunications Universal Service Fund.
State Code
The Nebraska Internet Enhancement Fund is created. The fund shall be used to provide financial assistance to install and deliver broadband or other advanced telecommunications infrastructure and service throughout the state. It is the intent of the Legislature that two hundred fifty thousand dollars shall be appropriated to the fund to be used for startup costs and seed money for FY2001-02. The Public Service Commission may receive gifts, contributions, property, and equipment from public and private sources for purposes of the fund. The fund shall consist of money appropriated by the Legislature, any money transferred pursuant to section 86-127, and gifts, grants, or bequests from any source including any other federal, state, public, and private sources. Transfers from the fund to the General Fund may be made at the direction of the Legislature. Any money in the Nebraska Internet Enhancement Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The fund terminates on June 30, 2021, and the State Treasurer shall transfer any unencumbered money in the fund on such date to the Nebraska Telecommunications Universal Service Fund.
The State Treasurer shall transfer one hundred thousand dollars from the Nebraska Internet Enhancement Fund to the General Fund on or before July 15, 2003.
The State Treasurer shall transfer fifty thousand dollars from the Nebraska Internet Enhancement Fund to the Rural Broadband Task Force Fund on or before July 15, 2018.
Nebraska
2005
Neb. Rev. Stat. 86-593 (1)
Terms, defined
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband as a 200 Kbps connection speed.
State Code
(1) Broadband services means the offering of a capability for high-speed broadband telecommunications capability at a speed or bandwidth in excess of two hundred kilobits per second that enables users to originate and receive high-quality voice, data, and video telecommunications using any technology;
Nebraska
2005
Neb. Rev. Stat. 86-594
Agency or political subdivision of state; limitation on power
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits state agencies and local jurisdictions from providing broadband.
State Code
(1) Except as provided in the Educational Service Units Act and sections 79-1319, 81-1120.01 to 81-1120.28, 85-401 to 85-418, 85-1501 to 85-1542, and 86-575, an agency or political subdivision of the state that is not a public power supplier shall not provide on a retail or wholesale basis any broadband services, Internet services, telecommunications services, or video services.
Nebraska
2005
Neb. Rev. Stat. 86-595
Public power supplier; limitation on retail services
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits public power companies from providing broadband services.
State Code
(1) A public power supplier shall not provide on a retail basis any broadband services, Internet services, telecommunications services, or video services.
Nebraska
2005
Neb. Rev. Stat. 86-597
Retail or wholesale service; how construed
Category: Competition and regulation
Topic: Municipal Broadband
Allows local jurisdictions to operate a broadband network, but only for use by the government itself.
State Code
(1) For purposes of sections 86-594 and 86-595, providing a service on a retail or wholesale basis shall not include an agency or political subdivision of the state, whether or not a public power supplier, deploying or utilizing broadband services, Internet services, telecommunications services, or video services, for its own use either individually or jointly through the Interlocal Cooperation Act, the Joint Public Agency Act, or the Municipal Cooperative Financing Act for the internal use and purpose of the agency, political subdivision, or public power supplier or to carry out the public purposes of the agency, political subdivision, or public power supplier.
Nevada
no date
Nev. 2019 Chapter 544, Section 35
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Appropriates $1 million per year for two years to the Governor's Office of Science, Innovation, and Technology to fund broadband development and improvements for schools and libraries.
State Code
Of the amounts appropriated to the Governor_��s Office of Science, Innovation and Technology by section 2 of this act, $1,000,000 in Fiscal Year 2019-2020 and $1,000,000 in Fiscal Year 2020-2021 to fund broadband development and improvements for schools and libraries, are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for broadband development and improvements for schools and libraries.
Nevada
2017
Nev. Rev. Stat. 223.610
Duties of director
Category: Broadband programs
Topic: Agency
Assigns responsibility for coordinating the state’s broadband programs to the Office of Science, Innovation, and Technology.
State Code
The Director of the Office of Science, Innovation and Technology shall: 5. Coordinate activities in this State relating to the planning, mapping and procurement of broadband service in a competitively neutral and nondiscriminatory manner, which must include, without limitation: (a) Development of a strategic plan to improve the delivery of broadband services in this State to schools, libraries, providers of health care, transportation facilities, prisons and other community facilities; (b) Applying for state and federal grants on behalf of eligible entities and managing state matching money that has been appropriated by the Legislature; (c) Coordinating and processing applications for state and federal money relating to broadband services; (d) Prioritizing construction projects which affect or involve the expansion or deployment of broadband services in this State; (e) In consultation with providers of health care from various health care settings, the expansion of telehealth services to reduce health care costs and increase health care quality and access in this State, especially in rural, unserved and underserved areas of this State; (f) Expansion of the fiber optic infrastructure in this State for the benefit of the public safety radio and communications systems in this State; (g) Collection and storage of data relating to agreements and contracts entered into by the State for the provision of fiber optic assets in this State; and (h) Administration of the trade policy for fiber optic infrastructure in this State.
Nevada
1997
Nev. Rev. Stat. 268.086
Telecommunication service generally in city whose population is 25,000 or more: Sale of service by city to public prohibited; exception; procedure for city to purchase or construct certain facilities
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits municipalities with populations greater than 25,000 from providing telecommunications services, but allows them to purchase or construct telecommunications facilities in rights-of-way if they conduct a cost-benefit study and find that purchasing or constructing the facilities would be in the public interest.
State Code
1. The governing body of an incorporated city whose population is 25,000 or more: (a) Shall not sell telecommunication service to the general public. (b) May purchase or construct facilities for providing telecommunication that intersect with public rights-of-way if the governing body: (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
Nevada
2017
Nev. Rev. Stat. 338.161 to 338.168
Authorization in counties whose population is less than 700,000
Category: Infrastructure access
Topic: Permitting
Creates a process for local governments to grant permits to transportation facilities, which includes fiber.
State Code
A person may submit a request to a public body to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility.
Nevada
2017
Nev. Rev. Stat. 408.200 (2)
Duties of director: standards for construction and maintenance; telecommunications facilities within right of way; cooperation with county officers
Category: Infrastructure access
Topic: Rights-of-way (Dig once)
Requires the director of transportation to coordinate with providers about installing, maintaining, operating, and relocating telecommunications equipment, including by installing additional conduit to lease out to providers and granting access to right of way.
State Code
2. The Director shall coordinate with telecommunications providers, as defined in NRS 408.55062, for the reasonable, efficient and cost effective installation, maintenance, operation, relocation and upgrade of telecommunications facilities within rights-of-way for state highways as follows: (a) For rights-of-way not on an interstate, the Department may place additional conduit and related facilities within such rights-of-way for use by telecommunications providers based on the potential use by such providers, as determined by the Department. The Department may grant use of such conduit and related facilities by telecommunications providers in exchange for a trade value, as determined by the Department, for such use from such providers. A telecommunications provider is not entitled to compensation for its expenses to relocate from the conduit infrastructure of the Department unless such provider has a right of occupancy in its current location because it holds a compensable real property interest. (b) For rights-of-way on an interstate, the Department may grant longitudinal access to such rights-of-way in accordance with NRS 408.55048 to 408.55088, inclusive.
Nevada
2017
Nev. Rev. Stat. 408.5501 et seq.
Access to Rights-of-Way for Statewide Communications
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows state department of transportation to grant right-of-way access to telecommunications providers to install fiber or wireless facilities, provided that the department's permitting process and fees are reasonable and nondiscriminatory. The department may not grant access to the right-of-way when doing so would be unsafe or inconvenient for users of the right-of-way, and the department must provide for the proportionate sharing of costs when trenching. Allows department of transportation to lease unused conduit to telecommunications providers, provided that the state receives fair compensation and leases are granted in a competitively neutral manner. Compensation to the department may be provided in-kind, in the form of conduit, innerduct, dark fiber, access points, telecommunications equipment or services, bandwidth, or other telecommunications facilities. Creates the Telecommunications Advisory Council, which is comprised entirely of government officials and is tasked with advising the department on rights-of-way access and agreements with providers, seeking input from providers and the public on broadband access, coordinating the actions of state agencies and political subdivisions, and approving agreements between the department of transportation and providers. Requires the department of transportation to adopt regulations governing rights-of-way access. Requires the director of transportation to coordinate with providers around installing, maintaining, operating, and relocating telecommunications equipment, including by installing additional conduit to lease out to providers and granting access to rights-of-way.
State Code
1. Except as otherwise provided in NRS 408.55021, in addition to granting access to a right-of-way pursuant to NRS 408.423, the Department may grant to a telecommunications provider longitudinal access or wireless access to a right-of-way for the installation, operation and maintenance of a telecommunications facility. 2. Before granting longitudinal access or wireless access to a right-of-way pursuant to subsection 1, the Department must first enter into an agreement with a telecommunications provider that is competitively neutral and nondiscriminatory as to other telecommunications providers and issue a permit granting such access under this section.
…
1. The Department may offer a telecommunications provider use of and access to its spare conduit and related facilities if the Department: (a) Determines the spare conduit and related facilities are not and will not be needed for highway purposes; (b) Receives fair compensation for the use of and access to the spare conduit and related facilities; and (c) Offers such use and access in a competitively neutral and nondiscriminatory manner as to all similarly situated telecommunications providers.
…
1. The Telecommunications Advisory Council is hereby created. 9. The Council shall: (a) Provide information, advice, strategic plans, priorities and recommendations to assist the Department in administering access to rights-of-way to telecommunications providers for statewide telecommunications purposes; (b) Assist the Department in valuing in-kind compensation pursuant to NRS 408.5501 to 408.55029, inclusive, and approve or deny any valuation thereof; (c) Seek input from telecommunications providers and the public relating to broadband access; (d) Coordinate and exchange information with other entities of this State and its political subdivisions relating to technology and telecommunications; (e) Approve or deny any agreement between the Department and a telecommunications provider proposed pursuant to NRS 408.5502, if the Council finds that the agreement is competitively neutral and nondiscriminatory; and (f) Provide other assistance as requested by the Department.
…
The Department shall adopt: 1. Regulations that: (a) Govern the installation, operation and maintenance of a telecommunications facility by a telecommunications provider which has been granted longitudinal access or wireless access to a right-of-way pursuant to NRS 408.5502; (b) Specify the procedures for the Department to enter into an agreement with a telecommunications provider to be granted longitudinal access or wireless access to a right-of-way; (c) Establish a methodology for valuing a right-of-way, excess conduit or related transportation facilities; (d) Provide for the relocation or removal of a telecommunications facility if: (1) The Department needs to make any necessary changes to any road, route, highway or interstate; (2) An agreement between the Department and a telecommunications provider expires; or (3) A telecommunications provider breaches its agreement with the Department; (e) Provide a process for a telecommunications provider to apply for longitudinal access or wireless access within open right-of-way segments; and (f) Establish a schedule of rates of compensation for longitudinal access or wireless access granted pursuant to NRS 408.5502; and 2. Any other regulations deemed necessary to carry out the provisions of NRS 408.5501 to 408.55029, inclusive.
…
The Department shall adopt: 1. Regulations that: (a) Govern the installation, operation and maintenance of a telecommunications facility by a telecommunications provider which has been granted longitudinal access or wireless access to a right-of-way pursuant to NRS 408.5502; (b) Specify the procedures for the Department to enter into an agreement with a telecommunications provider to be granted longitudinal access or wireless access to a right-of-way; (c) Establish a methodology for valuing a right-of-way, excess conduit or related transportation facilities; (d) Provide for the relocation or removal of a telecommunications facility if: (1) The Department needs to make any necessary changes to any road, route, highway or interstate; (2) An agreement between the Department and a telecommunications provider expires; or (3) A telecommunications provider breaches its agreement with the Department; (e) Provide a process for a telecommunications provider to apply for longitudinal access or wireless access within open right-of-way segments; and (f) Establish a schedule of rates of compensation for longitudinal access or wireless access granted pursuant to NRS 408.5502; and 2. Any other regulations deemed necessary to carry out the provisions of NRS 408.5501 to 408.55029, inclusive.
…
2. The Director shall coordinate with telecommunications providers, as defined in NRS 408.55062, for the reasonable, efficient and cost effective installation, maintenance, operation, relocation and upgrade of telecommunications facilities within rights-of-way for state highways as follows: (a) For rights-of-way not on an interstate, the Department may place additional conduit and related facilities within such rights-of-way for use by telecommunications providers based on the potential use by such providers, as determined by the Department. The Department may grant use of such conduit and related facilities by telecommunications providers in exchange for a trade value, as determined by the Department, for such use from such providers. A telecommunications provider is not entitled to compensation for its expenses to relocate from the conduit infrastructure of the Department unless such provider has a right of occupancy in its current location because it holds a compensable real property interest. (b) For rights-of-way on an interstate, the Department may grant longitudinal access to such rights-of-way in accordance with NRS 408.55048 to 408.55088, inclusive.
Nevada
2017
Nev. Rev. Stat. 408.55028
Telecommunications Advisory Council: creation; members; meetings; compensation; duties
Category: Broadband programs
Topic: Task Force
Creates the Telecommunications Advisory Council, which is comprised of government officials and is tasked with advising the Department of Transportation on right of way access and agreements with providers, seeking input from providers and the public on broadband access, coordinating the actions of state agencies and local jurisdictions, and approving agreements between the Department of Transportation and providers.
State Code
1. The Telecommunications Advisory Council is hereby created. 9. The Council shall: (a) Provide information, advice, strategic plans, priorities and recommendations to assist the Department in administering access to rights-of-way to telecommunications providers for statewide telecommunications purposes; (b) Assist the Department in valuing in-kind compensation pursuant to NRS 408.5501 to 408.55029, inclusive, and approve or deny any valuation thereof; (c) Seek input from telecommunications providers and the public relating to broadband access; (d) Coordinate and exchange information with other entities of this State and its political subdivisions relating to technology and telecommunications; (e) Approve or deny any agreement between the Department and a telecommunications provider proposed pursuant to NRS 408.5502, if the Council finds that the agreement is competitively neutral and nondiscriminatory; and (f) Provide other assistance as requested by the Department.
Nevada
2017
Nev. Rev. Stat. 408.55029
Regulations
Category: Broadband programs
Topic: Agency
Requires the Department of Transportation to adopt regulations governing right of way access.
State Code
The Department shall adopt: 1. Regulations that: (a) Govern the installation, operation and maintenance of a telecommunications facility by a telecommunications provider which has been granted longitudinal access or wireless access to a right-of-way pursuant to NRS 408.5502; (b) Specify the procedures for the Department to enter into an agreement with a telecommunications provider to be granted longitudinal access or wireless access to a right-of-way; (c) Establish a methodology for valuing a right-of-way, excess conduit or related transportation facilities; (d) Provide for the relocation or removal of a telecommunications facility if: (1) The Department needs to make any necessary changes to any road, route, highway or interstate; (2) An agreement between the Department and a telecommunications provider expires; or (3) A telecommunications provider breaches its agreement with the Department; (e) Provide a process for a telecommunications provider to apply for longitudinal access or wireless access within open right-of-way segments; and (f) Establish a schedule of rates of compensation for longitudinal access or wireless access granted pursuant to NRS 408.5502; and 2. Any other regulations deemed necessary to carry out the provisions of NRS 408.5501 to 408.55029, inclusive.
Nevada
2003
Nev. Rev. Stat. 704.684
Limitations on regulation of broadband service; exceptions
Category: Competition and regulation
Topic: Regulatory Authority
Prohibits the Public Utilities Commission from regulating broadband, except as allowed by federal law, or as required to maintain a competitive market.
State Code
1. Except as otherwise provided in this section, the Commission shall not regulate any broadband service, including imposing any requirements relating to the terms, conditions, rates or availability of broadband service.
Nevada
2003
Nev. Rev. Stat. 704.684 (4)
Limitations on regulation of broadband service; exceptions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband as any two-way information transmission service that is faster than 200 kilobits per second, for purposes of the jurisdiction of the Public Utilities Commission.
State Code
4. As used in this section, “broadband service” means any two-way service that transmits information at a rate that is generally not less than 200 kilobits per second in at least one direction.
Nevada
1997
Nev. Rev. Stat. 710.147
Governing body of county whose population is 55,000 or more: Sale of telecommunication service to general public prohibited; exception; conditions for purchase or construction of facilities for providing telecommunication that intersect with public rights-of-way
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits counties with populations greater than 55,000 from providing telecommunications services, but allows them to purchase or construct telecommunications facilities in rights-of-way if they conduct a cost-benefit study and find that purchasing or constructing the facilities would be in the public interest.
State Code
1. The governing body of a county whose population is 55,000 or more: (a) Shall not sell telecommunication service to the general public. (b) May purchase or construct facilities for providing telecommunication that intersect with public rights-of-way if the governing body: (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
Nevada
no date
Nev. Rev. Stat. 711.645
Category: Infrastructure access
Topic: Small cell facilities
Requires local governments to allow wireless infrastructure providers to deploy micro wireless facilities on their own poles, under the terms of any existing franchise agreement, as applicable.
State Code
1. A political subdivision of this State shall allow a telecommunication provider or a wireless infrastructure provider, or an affiliate of such a provider, to install, place, maintain, operate or replace one or more micro wireless facilities on cables that are strung between utility poles and owned by the provider or affiliate, as applicable, under the provisions of a franchise which was granted to the provider or affiliate, as applicable, to provide telecommunication service or cable television service.
New Hampshire
no date
N.H. Rev. Stat. 12-K:12 et seq.
Commission to Study the Environmental and Health Effects of Evolving 5G Technology
Category: Broadband programs
Topic: Task Force
Creates a commission to study the health and environmental effects of 5G technology. Specifies the members of the commission and lists questions for the commission to research and answer.
State Code
Commission Established. There is established a commission to study the environmental and health effects of evolving 5G technology, which includes the use of earlier generation technologies. Fifth generation, or 5G, wireless technology is intended to greatly increase device capability and connectivity but also may pose significant risks to humans, animals, and the environment due to increased radiofrequency radiation exposure. The purpose of the study is to examine the advantages and risks associated with 5G technology, with a focus on its environmental impact and potential health effects, particularly on children, fetuses, the elderly, and those with existing health compromises.
New Hampshire
2018
N.H. Rev. Stat. Ann. 33:3
Purpose of issue of bonds or notes
Category: Funding and financing
Topic: Financing - Other
Allows municipalities to issue bonds to fund broadband infrastructure to serve unserved areas.
State Code
A municipality or county may issue its bonds or notes for the acquisition of land, for economic development, for planning relative to public facilities, for the construction, reconstruction, alteration, and enlargement or purchase of public buildings, for other public works or improvements, or for the financing of improvements, of a permanent nature including broadband infrastructure as defined in RSA 38:38, I(e), to serve any location within a municipality unserved by broadband as defined in RSA 38:38, I(c) for the purchase of departmental equipment of a lasting character, and for the payment of judgments. The issuance of such bonds or notes shall include, but not be limited to, public-private partnerships involving capital improvements, loans, financing, and guarantees.
New Hampshire
2018
N.H. Rev. Stat. Ann. 33:3-c
Issue of bonds for preliminary expenses
Category: Funding and financing
Topic: Financing - Other
Allows municipalities to issue bonds to fund planning for broadband.
State Code
I. A municipality or county may issue its bonds or notes for the purpose of defraying the cost of preliminary or final plans and specifications or other preliminary expenses incidental to, or connected with, any proposed public work or improvement of a permanent nature consisting of the construction, reconstruction, alteration, enlargement, improvement, or the financing of the construction, reconstruction, alteration, enlargement, or improvement of the following: (e) Broadband infrastructure as defined in RSA 38:38, I(e) constructed to serve any locations within a municipality unserved by broadband as defined in RSA 38:38, I(c).
New Hampshire
2020
N.H. Rev. Stat. Ann. 33:3-g
Broadband Infrastructure Bonds
Category: Competition and regulation
Topic: Municipal Broadband
Allows municipalities or communications districts formed under N.H. Rev. Stat. Ann. 53-G to fund the construction of broadband networks with bonds and requires that the bonds be structured to ensure that payments in any given year are not less than 5% of the principal payments in any following year. Also requires municipalities and communications districts to issue a request for information before designating an area as “unserved.”
State Code
I. A municipality or communications district formed under RSA 53-G may issue bonds for the purpose of financing the development, construction, reconstruction, renovation, improvement, and acquisition of broadband infrastructure in any locations within a municipality unserved by broadband as defined in RSA 38:38, I(c). Without limiting the foregoing, broadband infrastructure may be the subject of public-private partnerships established in accordance with the provisions of RSA 33:3.
II. Bonds issued under this section shall be payable in annual payments so that the amount of annual payment of principal and interest in any year on account of any bond shall be not less than the amount of principal and interest payable in any subsequent year by more than 5 percent of the principal of the entire bond. The total amount of payments shall be sufficient to extinguish the entire bond at such bond's maturity. The first payment of principal on any bond shall be made no later than 5 years and the last payment not later than 30 years after the date issued. Each authorized issue of bonds shall be a separate and distinct loan.
III. A municipality shall not issue bonds for the purpose of financing the development, construction, reconstruction, renovation, improvement, and acquisition of broadband infrastructure in any location within a municipality unserved by broadband as defined in RSA 38:38, I(c) unless a request for information has been issued, at a minimum, to all providers serving the issuing community and such providers have been given 2 months to respond to the request. The request for information may include, but is not limited to, information identifying locations within a municipality served by broadband as defined in RSA 38:38, I(c). After completing, issuing, and receiving responses to such request for information, a municipality may issue a request for proposals for the purpose of engaging in a public-private partnership pursuant to RSA 33:3 or RSA 33-B for the deployment of broadband infrastructure, as defined in RSA 38:38, I(e), and the provision of broadband service as defined in RSA 38:38, I(f). A municipality may select a proposal based on criteria including, but not limited to, provider ability to deploy, manage, and maintain a broadband network. A municipality may determine that no provider has met the criteria included in the request for proposals and may issue bonds for purposes pursuant to RSA 33:3 and RSA 33-B, including but not limited to, open networks. If a broadband provider does not respond to a request for information pursuant to this paragraph, the locations served by that broadband provider shall be considered unserved, unless those locations are served by a broadband provider who responded to that municipality's request for information.
IV. Any request for information issued pursuant to this section after December 31, 2020 shall conform with a model request for information issued by the New Hampshire department of business and economic affairs.
New Hampshire
2006
N.H. Rev. Stat. Ann. 33:6-f
Exclusion from debt limit; broadband infrastructure
Category: Funding and financing
Topic: Financing - Other
Exempts broadband infrastructure debt from municipal debt limits.
State Code
Municipalities may incur debt for broadband infrastructure as defined in RSA 38:38, I(e) by the issue of bonds or notes authorized under this chapter. Any debt incurred for this purpose shall be outside the debt limit prescribed in this chapter. Such debt shall at no time be included in the net indebtedness of any municipality for the purposes of determining its borrowing capacity.
New Hampshire
2020
N.H. Rev. Stat. Ann. 38:38 (c)
Broadband Access
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Ties the definition of broadband to that used by the Federal Communications Commission.
State Code
(c) "Broadband" means the transmission of information, between or among points specified by the user, with or without change in the form or content of the information as sent and received, at rates of transmission defined by the Federal Communications Commission as a wireline advanced telecommunications capability as defined by section 706 of the Telecommunications Act of 1996, irrespective of the network technology used.
New Hampshire
2006
N.H. Rev. Stat. Ann. 38:39
Broadband access tariffs
Category: Competition and regulation
Topic: Municipal Broadband
Allows municipal broadband providers to charge tariffs for accessing the network.
State Code
For defraying the cost of acquisition, construction, payment of the interest on any debt incurred, management, maintenance, operation, and repair of broadband infrastructure, or the construction, enlargement, or improvement of such systems, the governing body may establish a scale of rates called access tariffs, may prescribe the manner and the time for the payment of such tariffs, and may change such tariffs when it deems advisable.
New Hampshire
2006
N.H. Rev. Stat. Ann. 38:40
Broadband fund
Category: Funding and financing
Topic: Fund - Other
Requires municipalities to deposit revenue from access tariffs into an account that is separate from their general revenues. Funds may be deposited in a capital reserve fund.
State Code
I. The funds received from the collection of access tariffs shall be kept as a separate fund to be known as the broadband fund. Such fund shall be allowed to accumulate from year to year, shall not be commingled with town or city tax revenues, and shall not be deemed part of the municipality's general fund accumulated surplus. Such fund may be expended only for the purposes specified in RSA 33:3 and RSA 33-B.�_
New Hampshire
2006
N.H. Rev. Stat. Ann. 38:41
Broadband fund report
Category: Competition and regulation
Topic: Municipal Broadband
Requires local governments to publish annual reports on their expenditures for broadband.
State Code
The governing body shall annually make a report of the broadband fund to the municipality showing the expenses and income of the fund, and all other material facts. This report shall be published in the annual report of the municipality.
New Hampshire
2020
N.H. Rev. Stat. Ann. 53-G
Communications Districts
Category: Other
Topic: Other
Allows two or more municipalities to form communications districts for the purpose of expanding broadband if a planning committee determines that doing so is desirable. Communications districts have the power to raise funds through grants, loans, bonds, and user fees to partner with internet service providers to design, construct and operate broadband networks.
State Code
I. The governing bodies of 2 or more municipalities may at their discretion, and shall upon a vote of their respective legislative bodies, create a special unpaid committee to be known as a communications district planning committee, consisting of at least 2 persons from each municipality appointed by the respective governing bodies. The committee shall elect a chairperson, clerk, and treasurer. Members may be reimbursed by the committee for costs of performing duties directly related to the committee.
II. The committee may accept funds from any public or private source and may expend money for planning purposes which may include, but not be limited to, engaging legal counsel, accountants, engineers, contractors, consultants, and other advisors, paying for member expenses, or organizational and secretarial assistance. The committee shall report in a timely fashion to each governing body the sources and amounts of such funds. Each municipality represented on the committee may appropriate funds to the committee.
III. The committee shall study the advisability of establishing a communications district by examining the types of equipment and infrastructure that would be needed; the methods of organizing, operating, and financing such a district; and the potential benefits and disadvantages to member municipalities. The committee may consider specific sites inside or outside the proposed district for equipment location or which municipalities may have equipment or infrastructure, or both, located within them.
IV. If the committee determines that the formation of a district is desirable, it shall prepare a proposed district agreement in accordance with RSA 53-G:4 and hold a public information session in each municipality which is named in the district agreement as a site. Copies of the proposed agreement and of RSA 53-G shall be made available at and prior to any hearing. Notice of any hearing shall be published in one or more newspapers of general circulation in the proposed district or posted on the website of each member municipality and posted in one public place in each member municipality, and sent to the governing bodies of participating municipalities.
V. After the public hearing and information session, the committee may amend the contents of the proposed agreement and shall send it for review to the attorney general. The attorney general shall approve any proposed agreement unless it is in improper form or is incompatible with the requirements of this chapter and the laws of this state. The attorney general shall inform the governing bodies and the planning committee in writing of any specific respects in which the proposed agreement fails to meet the requirements of law. Approval by the attorney general shall be required for any district agreement to be legally valid. Failure by the attorney general to disapprove an agreement within 30 days of its submission shall constitute approval.
VI. The committee may revise the proposed district agreement as it deems necessary and shall resubmit it to the attorney general. A public hearing shall be held in at least one of the participating municipalities if the agreement is substantially revised. The committee may give final approval to a proposed agreement after approval by the attorney general.
VII. The committee shall report its findings and recommendations, along with any proposed district agreement, to the governing bodies of the participating municipalities.
The business affairs and actions of a district shall be conducted and governed pursuant to the terms, conditions, and provisions of its district agreement. The agreement shall include but not be limited to the following:
I. A list of the municipalities included in the district.
II. Provisions for the sharing of planning, construction, operating, and maintenance of equipment, infrastructure, and services, if any.
III. The method of selection and method of removal of representatives to the district governing board, whether by legislative or governing bodies; the number of representatives; the terms of office of the representatives; rules of procedure concerning the method of conducting the board's business; and, except as provided otherwise by law, the powers, duties, and authorities of the district governing board officers.
IV. A description of equipment, infrastructure, and sites, if applicable.
V. The terms by which other municipalities may be admitted to the district or a member municipality may withdraw from the district before or after debt has been incurred.
VI. The method by which the district agreement may be amended including conditions under which an amendment shall be approved by the governing or legislative bodies of member municipalities.
VII. The procedure for dissolution of the communications district before or after debt has been incurred.
VIII. Provisions for varied levels of participation by member municipalities in equipment and infrastructure, if applicable.
IX. The procedure for the preparation and adoption of the annual budget, including the apportionment of district expenses and a schedule of payments, if applicable, and other procedures relative to governing the district's fiscal affairs in accordance with RSA 53-G:9.
X. The procedure, if any, for establishing the district when not all of the legislative bodies vote to approve the district agreement, as provided in RSA 53-G:4, II.
XI. The funding sources that are acceptable to the district such as: federal, state, regional broadband and economic development grants or loans, general obligation bonds, revenue bonds, private investment or loans, subscriber fees, and member contributions.
I. The governing bodies shall cause the question of accepting any proposed agreement to be presented for determination by vote of the respective legislative bodies. In municipalities that hold town meetings, the proposed agreement shall be voted on at the next annual town meeting or at a special town meeting called for such purpose. In all other municipalities, the legislative bodies shall vote on the proposed agreement within 60 days of the governing bodies' receipt of the proposed agreement, as approved by the attorney general under RSA 53-G:2, V. The question to be voted on shall be: "Shall the (insert name of municipality) accept the provisions of RSA 53-G:1-RSA 53-G:11 providing for the establishment of a communications district, together with the municipalities of __________ in accordance with the provisions of the proposed agreement filed with the (insert appropriate office for governing body)?"
Approval by a legislative body shall be by simple majority. If all of the legislative bodies vote in the affirmative, the proposed communications district shall thereby be established in accordance with the terms of the proposed agreement. Otherwise, the district shall not be established, except as specified in paragraph II.
II. The proposed agreement may contain a provision for the establishment of the district when more than one but not all of the legislative bodies vote in the affirmative. Such provision need not require any additional votes by the legislative bodies in order to establish the district, but it may not include in the district any municipality, the legislative body of which did not approve the proposed agreement.
A communications district established under this chapter shall be a body politic and corporate and a political subdivision and public instrumentality of the state carrying out a public purpose and an essential governmental function with the following powers, which are subject to the provisions and limitations of the district agreement:
I. To adopt a name and a corporate seal. The engraved or printed facsimile of the seal appearing on a bond or note of the district shall have the same legal effect as if it were impressed thereon.
II. To receive federal or state grants and loans, revenue from subscribers, access fees from subscribers, access to broadband infrastructure bonds, revenue bonds, pledge revenues, and accept member contributions or private investment.
III. To adopt a budget in accordance with 53-G:9.
IV. To establish and adjust fees.
V. To establish public/private partnerships and enter into broadband agreements with Internet service providers as necessary to build and operate the network.
VI. To provide or contract for communications infrastructure and services for its district members, including the residential and business locations located therein and provide for communications infrastructure and services for such other residential and business locations as its equipment, infrastructure, and obligations may allow, provided such other locations are in a municipality that is contiguous with the town limits of a district member.
VII. To cause to be operated, or contract for the construction, ownership, management, financing, and operation of a communications plant for the delivery of communications services.
VIII. To sue and be sued, but only to the same extent and upon the same conditions that a municipality may be sued.
IX. To hold, deal with, mortgage, pledge, encumber, purchase, acquire, lease, sell, convey, and otherwise dispose of real and personal property of all kinds in furtherance of the purposes of the district, subject to any and all operating agreements.
X. Each communications district shall have the power, by vote of the members, to borrow money and issue its notes or bonds in accordance with RSA 33, subject to the following:
(a) In the case of broadband infrastructure bonds, under RSA 33:3-g.
(b) In the case of revenue bonds, under RSA 33-B, when the board, at a regular or special meeting called for such purpose, determines by resolution passed by a vote of a majority of members present and voting that the public interest or necessity demands communications plant improvements, or a long-term contract, and that the cost of the same will be too great to be paid out of the ordinary annual income and revenue of the district, the board may pledge communications plant net revenues and enter into long-term contracts to provide for such improvements. In this chapter, a "long term contract" means an agreement in which the district incurs direct or conditional obligations for which the costs are too great to be paid out of the ordinary annual income and revenues of the district, in the judgment of the board. In this chapter, the term "communications plant improvements" includes improvements that may be used for the benefit of the public, whether or not publicly owned or operated. The pledge of communications plant net revenues and other obligations allowed by law may be authorized for any purpose permitted by this chapter, or any other applicable statutes.
XI. To receive and disburse funds for any district purpose.
XII. To incur temporary debt in anticipation of revenue to be received.
XIII. To engage legal counsel, accountants, engineers, contractors, consultants, agents, and other advisors.
XIV. To enter into contracts with any person consistent with the authority that a district has under this chapter.
XV. To utilize powers delegated to the district through the district agreement by member municipalities to enact bylaws and regulations concerning communications.
XVI. To insure against liability and other risks, and otherwise to obtain all insurance deemed by the governing board to be necessary or appropriate to the district and its operations.
XVII. To guarantee obligations and to give indemnities to third parties, when in the best interests of and for the benefit of the district.
XVIII. To make contracts, leases, or other agreements with any member municipality within which equipment or infrastructure, or both, is or is to be located. Such contracts, leases, or other agreements may provide for benefits, privileges, payments, or other considerations for such host member municipality which, with respect to that equipment or infrastructure, or both, are different from and not otherwise available to the other member municipalities. The governing body of each member municipality shall be given written notice of the general purposes of the long-term contract, a summary of the terms of the long-term contract, and a copy of the long-term contract within 7 days after the authorization.
New Jersey
2018
N.J. Executive Order No. 9
Category: Competition and regulation
Topic: Net Neutrality
Requires that all internet service providers that contract with the state for internet, data, and broadband follow the principles of net neutrality.
State Code
WHEREAS, a free and open Internet is essential for a stronger and fairer economy, and is the bedrock of a vibrant and modern commercial, social, and civic life in today's technology-driven world; WHEREAS, the State of New Jersey is a significant purchaser of Internet and broadband services; and WHEREAS, this administration, in its stewardship of taxpayer money, bears the ongoing responsibility to ensure the efficient procurement of goods and services for State entities, and the principles of net neutrality are inherently tied to the provision of reliable, high-quality broadband Internet service for the State; NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT: 1. The Division of Purchase and Property, within the Department of the Treasury, and all other contracting units or officials of any State entity, shall require that all future contracts for Internet, data, and telecommunications ("Internet and broadband") be awarded only to ISPs that adhere to "net neutrality" principles.
New Jersey
2007
N.J. Stat. Ann. 40:9D-1
Definitions relative to provision of broadband telecommunications service
Category: Definitions
Topic: Definition - Broadband
Defines "broadband infrastructure" as the equipment, facilities, and information systems and technology used to provide broadband service.
State Code
"Broadband telecommunications infrastructure" means information equipment and facilities, information systems, and information technology used for the purpose of providing broadband telecommunications service.
New Jersey
2007
N.J. Stat. Ann. 40:9D-2 (c)
Authority of local unit
Category: Infrastructure access
Topic: Pole attachments
Allows municipal broadband providers to negotiate with private pole owners for access.
State Code
c. The governing body of a local unit, exercising powers under subsections a. and b. of this section, may enter into a written agreement with any person owning or having the right to use any poles, street lights, posts, towers or other structures erected along any public right-of-way within the boundaries of such local unit for the use of those structures by that local unit, upon such terms and conditions as may be agreed upon by such local unit and such person. To the extent that State, county or municipal approval, or the approval of another public entity or any private entity is required for the placement of broadband telecommunications infrastructure used for the purpose of providing broadband telecommunications service via a wireless community network along a public right-of-way, such approval shall not unreasonably be withheld. The provisions of this section shall not affect the terms and conditions by which the State may give consent, grant or franchise to a person for use of the right-of-way along any State highway, or the terms and conditions by which a public body may give consent, grant or franchise to a person for use of the right-of-way within the boundaries of the geographical area over which such public body has jurisdiction.
New Jersey
2007
N.J. Stat. Ann. 40:9D-2 (d)
Local government authority
Category: Competition and regulation
Topic: Regulatory Authority
Specifies that municipal broadband providers are not subject to the jurisdiction of the Public Utilities Board.
State Code
d. The provision of broadband telecommunications service via a wireless community network pursuant to this section and any broadband telecommunications infrastructure used for such purpose shall not be deemed to be a public utility or to constitute operating any form of public utility service pursuant to Title 48 of the Revised Statutes to the extent that the local unit is engaged in the provision of broadband telecommunications service via a wireless community network.
New Jersey
2007
N.J. Stat. Ann. 40:9D-2-7
Authority of local unit
Category: Competition and regulation
Topic: Municipal Broadband
Allows local governments to build and operate wireless community networks to provide broadband service or contract with a private entity to provide service over that network. Allows municipal providers to negotiate with private pole owners for access. Specifies that municipal providers are not subject to the jurisdiction of the Public Utilities Board. Requires that costs associated with providing broadband not impact the ability of the local unit of government to provide necessary local services. States that the price of broadband services cannot be below the cost of providing those services, and prohibits cross-subsidization of broadband service with revenue from other local services. Requires that the local government unit complete a plan describing the proposed project and associated costs and benefits, evaluating other models of service provision, and providing an implementation schedule. Allows local government units to issue revenue bonds to fund municipal broadband in the form of wireless community networks, provided the bonds are paid entirely out of revenue from the broadband service and related revenue.
State Code
2. a. Consistent with federal law, the governing body of a local unit, through the establishment of a related competitive business segment, is authorized to: (1) construct, own or operate broadband telecommunications infrastructure to provide broadband telecommunications service via a wireless community network; or (2) provide broadband telecommunications service via a wireless community network. b. Consistent with federal law, the governing body of a local unit may enter into a contract with a private entity to provide broadband telecommunications service via a wireless community network or to construct, own, use, acquire, deliver, grant, operate, maintain, sell, purchase, lease, or equip broadband telecommunications infrastructure used for the purpose of providing broadband telecommunications service via a wireless community network. By written contract or lease, such governing body may sell capacity in, or grant other similar rights for a private entity to use, broadband telecommunications infrastructure owned or operated by the local unit that provides broadband telecommunications service via a wireless community network.
New Jersey
2007
N.J. Stat. Ann. 40:9D-5
Authority to issue revenue bonds
Category: Funding and financing
Topic: Financing - Other
Allows local government units to issue revenue bonds to fund municipal broadband in the form of a wireless community networks and to provide a full faith and credit guarantee on those bonds. Prohibits state agencies from financing the costs of a wireless community network if the agency also offers commercial services.
State Code
5. a. The governing body of a local unit exercising powers under subsection a. or subsection b. of section 2 of this act is authorized, pursuant to the provisions of the "Local Bond Law" (N.J.S.40A:2-1 et seq.), to issue revenue bonds of the local unit, to pay a portion or all of the costs of the broadband telecommunications infrastructure used for the purpose of providing broadband telecommunications service via a wireless community network; provided, however, that the principal of and the interest on such revenue bonds shall be payable solely from revenues derived by the local unit from the provision of broadband telecommunications service via that network and any other revenues related thereto.
New Jersey
2019
N.J. Stat. Ann. 52:9X-1 et seq.
Innovation District Designation Program
Category: Broadband programs
Topic: Promotional
Creates a program in which communities can apply to be designated as "innovation districts" to attract businesses. To be designated as an innovation district, a community must submit a development plan, which can include a plan for improving broadband infrastructure.
State Code
c. The commission shall establish an application form and procedure for municipalities to apply for designation of an area as an innovation district. An application shall: _�_ (6) include a plan for the development or redevelopment of the proposed innovation district, which may include, but shall not be limited to, plans for: … (g) the improvement of technology infrastructure, including, but not limited to, broadband improvements
New Mexico
no date
N.M. Stat. 22-24-4.5
Education technology infrastructure deficiency corrections
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Creates an education technology infrastructure deficiency corrections fund to identify and correct deficiencies in educational technology infrastructure.
State Code
A. No later than September 1, 2014, the council, with the advice of the department and the department of information technology, shall define and develop: (1) minimum adequacy standards for an education technology infrastructure deficiency corrections initiative to identify and determine reasonable costs for correcting education technology infrastructure deficiencies in or affecting school districts; (2) a methodology for prioritizing projects to correct education technology infrastructure deficiencies in or affecting school districts; and (3) a methodology for determining a school district's share of the project costs. B. The council may approve allocations from the fund pursuant to Subsection M of Section 22-24-4 NMSA 1978 and this section for projects in or affecting a school district committing to pay its share of the project costs.
New Mexico
no date
N.M. Stat. 22-25-2
Public School Capital Improvements
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Defines installation of satellite, copper, or fiber broadband infrastructure as an acceptable use of money from the Public School Capital Outlay Fund.
State Code
B. "capital improvements" means expenditures, including payments made with respect to lease-purchase arrangements as defined in the Education Technology Equipment Act or the Public School Lease Purchase Act but excluding any other debt service expenses, for: (6) purchasing and installing education technology improvements, excluding salary expenses of school district employees, but including tools used in the educational process that constitute learning and administrative resources, and that may also include: (a) satellite, copper and fiber-optic transmission
New Mexico
2017
N.M. Stat. 5-10-3
Definitions
Category: Funding and financing
Topic: Financing - Other
Specifies that building infrastructure such as trenching and conduit to support broadband deployment is a qualified economic development project for purposes of the Local Economic Development Act, which creates a process for local governments to partner with private entities on economic development projects.
State Code
E. "economic development project" or "project" means the provision of direct or indirect assistance to a qualifying entity by a local or regional government and includes the purchase, lease, grant, construction, reconstruction, improvement or other acquisition or conveyance of land, buildings or other infrastructure; rights-of-way infrastructure, including trenching and conduit, for the placement of new broadband telecommunications network facilities
New Mexico
2017
N.M. Stat. 5-10-3 (B)
Definitions
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines broadband as a system owned by a provider of internet access services that meets the Federal Communications Commission definition of broadband.
State Code
B. "broadband telecommunications network facilities" means the electronics, equipment, transmission facilities, fiber-optic cables and any other item directly related to a system capable of transmission of internet protocol or other formatted data at current federal communications commission minimum speed standard, all of which will be owned and used by a provider of internet access services;
New Mexico
2017
N.M. Stat. 5-17-2
Definitions
Category: Funding and financing
Topic: Financing - Other
Specifies that broadband infrastructure is a service that can be included in infrastructure development plans under the Infrastructure Development Zone Act, which allows for state money to be used to fund locally planned projects.
State Code
J. "services" means any improvements and facilities listed in this subsection and provided for in the service plan of an infrastructure development zone as approved by the governing body, including both on-site improvements and off-site improvements that directly or indirectly benefit the infrastructure development zone and necessary or incidental work, whether newly constructed, renovated or existing, and all necessary or desirable appurtenances. "Services" include: (12) cable or other telecommunications lines and related equipment, including fiber optic transmission facilities designed to carry communication signals such as voice, data and video and any broadband technology infrastructure;
New Mexico
2017
N.M. Stat. 63-9H-6
State rural universal service fund; establishment
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Creates a state universal service fund to support broadband access in rural areas.
State Code
A. The commission shall implement and maintain a "state rural universal service fund" to maintain and support universal service that is provided by eligible telecommunications carriers, including commercial mobile radio services carriers, as are determined by the commission. As used in this section, "universal service" means basic local exchange service, comparable retail alternative services at affordable rates, service pursuant to a low-income telephone assistance plan and broadband internet access service to unserved and underserved areas as determined by the commission.
New Mexico
2018
N.M. Stat. 63-9I-1 et seq.
Wireless provider; use of right of way; rates, fees, and terms; right to access; damage and repair
Category: Infrastructure access
Topic: Small cell facilities
Allows wireless providers to use right of way, provided that they pay applicable fees to local government. Prohibits local governments from charging excessive or discriminatory fees. Requires wireless providers to repair damage to right of way caused by installing wireless facilities and prohibits them from installing facilities in such a way as to impede use of the right of way. Prohibits local governments from requiring approval for small cell facilities that extend less than 10 feet above a pole. Requires local governments to accept consolidated applications and issue permits for small cell facilities, unless the facilities violate existing local laws. Prohibits local authorities from entering exclusive agreements with providers for pole access, discriminating against different types of providers, and charging a fee of more than $20 per pole per year to co-locate small cell facilities. Allows authorities to prohibit, regulate, and charge for co-location of small cell facilities on authority-owned poles. Exempts most small cell pole installations from zoning review, requires local authorities to approve all permit applications that conform with existing laws, requires authorities to respond to applications within 150 days, and requires providers to begin installation within 180 days of permit issuance. Allows local governments to charge fees to wireless providers for installing poles along right of way, provided that fees are reasonable and nondiscriminatory.
State Code
A. This section applies to the activities of a wireless provider within a right of way.
B. An authority shall not enter into an exclusive agreement with a wireless provider for the use of a right of way in:
(1) constructing, installing, maintaining, modifying, operating or replacing a utility pole; or
(2) collocating a small wireless facility on a utility pole or wireless support structure.
C. An authority may charge a wireless provider a rate or fee for the provider's use of a right of way in constructing, installing, maintaining, modifying, operating or replacing a utility pole, or in collocating a small wireless facility, in the right of way only if:
(1) the authority otherwise may, under law, charge the rate or fee;
(2) the authority charges other communications service providers for their use, if any, of the right of way; and
(3) the rate or fee:
(a) is competitively neutral as compared to other users, if any, of the right of way, unless the other users are exempt under law from paying a rate or fee for their use of the right of way;
(b) is not in the form of a franchise or other fee based on revenue or customer counts;
(c) is reasonable and nondiscriminatory; and
(d) annually, does not exceed an amount equal to two hundred fifty dollars ($250) multiplied by the number of small wireless facilities placed by the wireless provider in the right of way and in the authority's jurisdiction
New Mexico
2000
N.M. Stat. 7-9-56.1
Deduction; gross receipts tax; internet services
Category: Funding and financing
Topic: Tax Incentives
Creates a gross receipts tax deduction for leasing telecommunications equipment, including equipment to provide internet access.
State Code
On and after July 1, 1998, receipts from providing leased telephone lines, telecommunications services, internet services, internet access services or computer programming that will be used by other persons in providing internet access and related services to the final user may be deducted from gross receipts if the sale is made to a person who is subject to the gross receipts tax or the interstate telecommunications gross receipts tax.
New Mexico
no date
N.M. Stat. 9-27-13
Telecommunications services
Category: Competition and regulation
Topic: Service Provision - Other
Prohibits state chief information officer from providing broadband services to entities that are not governments or educational institutions unless it is necessary to facilitate a state-mandated program. Before expanding the state broadband network, the officer must assess the effect expansion would have on private providers and ratepayers.
State Code
B. In providing telecommunications services pursuant to Chapter 15 NMSA 1978, the department of information technology shall not provide telecommunications services, including telephone, data and broadband services, to an entity other than those authorized pursuant to Section 15-5-1 NMSA 1978 [9-27-20 NMSA 1978], except as is necessary to facilitate a state-mandated program, including distance education, telehealth or school-based health center programs. Before expansion or upgrade of a state-owned or state-funded telecommunications network, whether voice, data or video transmission, the department shall prepare a plan consistent with state law and applicable rules that includes an assessment of how the project would potentially affect local telecommunications service providers and telecommunications service ratepayers.
New Mexico
2017
N.M. Stat. 9-27-26
Indian nations, tribes, and pueblos; statewide broadband; right of way agreement
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows Indian tribes to enter into right of way agreements with the state chief information officer in exchange for access to the state broadband network.
State Code
Indian nations, tribes and pueblos may connect to the statewide broadband network in exchange for a right-of-way agreement with the chief information officer. The chief information officer shall apply for reimbursements from the federal universal service fund pursuant to Section 254 of the federal Telecommunications Act of 1996, 47 U.S.C. 254, as such section existed on January 1, 2006, on behalf of Indian nations, tribes and pueblos that execute a right-of-way agreement.
New Mexico
2018
N.M. Stat. 9-27-27
Library broadband infrastructure fund; created
Category: Funding and financing
Topic: Fund - Broadband
Creates fund to bring broadband infrastructure to public libraries.
State Code
A. The "library broadband infrastructure fund" is created in the state treasury. The fund consists of money appropriated by the legislature, federal money granted to the state for the purposes of the fund, income from investment of the fund and money otherwise accruing to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The department of information technology shall administer the fund, and money in the fund is subject to appropriation by the legislature to the department of information technology to provide:
(1) matching money for grants to bring broadband infrastructure to public, tribal and school libraries;
New Mexico
2017
N.M. Stat. 9-27-6 (F)
Secretary; duties and general powers (Agency)
Category: Broadband programs
Topic: Agency
Addresses the responsibilities of the chief information officer, including preparing a statewide broadband network plan, coordinating and aggregating services, recommending legislative language to address where overlapping information technology functions performed by one agency could best be performed by another agency, and adopting necessary procedural rules.
State Code
F. The secretary, as chief information officer, shall prepare a state information technology strategic plan for the executive branch and update it at least once every three years, which plan shall be available to agencies by July 31 of each year. The plan shall comply with the provisions of the Department of Information Technology Act and provide for the: (1) interchange of information related to information technology among executive agencies; (2) coordination among executive agencies in the development and maintenance of information technology systems; (3) protection of the privacy and security of individual information as well as of individuals using the state's information technology systems; (4) development of a statewide broadband network plan in conjunction with the public education department, the higher education department, state universities, other educational institutions, the public school capital outlay council, political subdivisions of the state, Indian nations, tribes and pueblos, the public regulation commission and telecommunication network service providers; and (5) coordination and aggregation of services where feasible for entities as provided for in Section 9-27-20 NMSA 1978 and other publicly funded entities. G. The secretary may apply for and receive, with the governor's approval, in the name of the department, any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services. H. Where information technology functions of executive agencies overlap or a function assigned to one agency could better be performed by another agency, the secretary may recommend appropriate legislation to the next session of the legislature for its approval. I. The secretary may make and adopt such reasonable procedural rules as may be necessary to carry out the duties of the department and its divisions and requirements and standards for the executive branch's information technology needs, functions, systems and resources, including: (1) information technology security; (2) approval for procurement of information technology that exceeds an amount set by rule; (3) detail and format for the agency information technology plan; (4) acquisition, licensing and sale of information technology; and (5) requirements for agency information technology projects and related plan, analysis, oversight, assessment and specifications.
New Mexico
2017
N.M. Stat. 9-27-6 (F)
Secretary; duties and general powers (Plan)
Category: Broadband programs
Topic: Plan
Requires the state chief information officer to develop a statewide broadband network plan in conjunction with stakeholders.
State Code
F. The secretary, as chief information officer, shall prepare a state information technology strategic plan for the executive branch and update it at least once every three years, which plan shall be available to agencies by July 31 of each year. The plan shall comply with the provisions of the Department of Information Technology Act and provide for the: (4) development of a statewide broadband network plan in conjunction with the public education department, the higher education department, state universities, other educational institutions, the public school capital outlay council, political subdivisions of the state, Indian nations, tribes and pueblos, the public regulation commission and telecommunication network service providers;
New York
2020
N.Y. AB 8988
Category: Other
Topic: Other
Directs and specifies which agencies will conduct the study of implementation of fifth and future generation wireless network technology in the state.
State Code
The office of information technology services, the department of public service, the urban development corporation, the division of homeland security and emergency services, the division of state police and the division of military and naval affairs shall study and evaluate the implementation of fifth generation (5G) and future generation wireless systems technology in the state.
New York
no date
N.Y. COM 351
Statement of legislative findings and declaration
Category: Other
Topic: Legislative Intent
Describes goals of economic development program, including attracting the broadband industry to the state.
State Code
It is hereby found and declared that New York state needs, as a matter of public policy, to create competitive financial incentives for businesses to create jobs and invest in the new economy. The excelsior jobs program act is created to support the growth of the state's traditional economic pillars including the manufacturing and financial industries and to ensure that New York emerges as the leader in the knowledge, technology and innovation based economy. The program will encourage the expansion in and relocation to New York of businesses in growth industries such as clean-tech, broadband, information systems, renewable energy and biotechnology.
New York
2020
N.Y. EDN 273-A
State aid for library construction
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Lists broadband projects as an eligible use of state aid for libraries.
State Code
1. State aid shall be provided for up to fifty percent of the total project approved costs,
excluding feasibility studies, plans or similar activities, for projects
for the installation and infrastructure of broadband services, and for
the acquisition of vacant land and the acquisition, construction,
renovation or rehabilitation, including leasehold improvements, of
buildings of public libraries and library systems chartered by the
regents of the state of New York or established by act of the
legislature subject to the limitations provided in subdivision six of
this section and upon approval by the commissioner, except that state
aid may be provided for up to seventy-five percent of the total project
approved costs for buildings of public libraries that are located in an
economically disadvantaged community and that state aid may be provided
for up to ninety percent of the total project approved costs for
buildings of public libraries that are located in an economically
distressed community. Provided however that the state liability for aid
paid pursuant to this section shall be limited to funds appropriated for
such purpose. Aid shall be provided on approved expenses incurred during
the period commencing July first and ending June thirtieth for up to
three years, or until the project is completed, whichever occurs first.
Provided, however, that public libraries that received aid for projects
pursuant to this section commencing July first, two thousand seventeen
through July first, two thousand nineteen and are unable to complete
such projects due to the state disaster emergency declared pursuant to
executive order number two hundred two of two thousand twenty, as
amended, shall be provided an additional twelve months from the
statutory project end date to complete such projects. Fifty percent of
such aid shall be payable to each system or library upon approval of the
application by the department. Forty percent of such aid shall be
payable in the next state fiscal year. The remaining ten percent shall
be payable upon project completion.
New York
no date
N.Y. EDN 3641-16
Implementation of the smart schools bond act of 2014
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Creates a smart schools grant program that funds school connectivity projects using a $2 billion state bond issue.
State Code
(6) "Community connectivity project" shall mean a capital project which, as a primary purpose, expands high-speed broadband or wireless internet connectivity in the local community, including school buildings and campuses, for enhanced educational opportunity in the state. … (1) Smart schools grants. Each school district which has an approved smart schools investment plan including a smart schools project or projects shall be entitled to a grant or grants for the smart schools project or projects included therein in an amount, whether in the aggregate or otherwise, not to exceed the smart schools allocation calculated for such school district.
New York
2017
N.Y. ENV 9-2103
Highway right of way public utility improvements
Category: Infrastructure access
Topic: Rights-of-way (Other)
States that public utility infrastructure, including for broadband, may run along public rights-of-way through forest preserve land.
State Code
2. Pursuant to approval by the department and the department of transportation and following a public hearing on each eligible project at which the public shall be given an opportunity to be heard, a public utility line may be co-located within or buried beneath the width of the highway of any state highway, county highway, or town highway.3. A project sponsor for an eligible project within the width of the highway shall submit an application for a permit to the department that at minimum shall include: a. a resolution from the governing body of the project sponsor, or in the case of a public utility seeking to utilize the width of highway of a town highway, the governing body of the town, or the width of highway of a county, the county governing board, that includes: (i) approval of the project; (ii) attestation that such width of highway lands will only be used for eligible purposes; (iii) attestation that the project will minimize the removal of trees and vegetation and restore the area to pre-project condition to the maximum extent practicable.
New York
2018
N.Y. Executive Order No. 175
Ensuring Net Neutrality Protections for New Yorkers
Category: Competition and regulation
Topic: Net Neutrality
Prohibits contracting for internet, data, and telecommunications services by state government with internet service providers that do not follow net neutrality principles. Directs the Office of General Services to incorporate criteria that address net neutrality into the procurement process, including prohibiting internet service providers from blocking, throttling, or engaging in paid prioritization of content.
State Code
WHEREAS, the internet is an essential service that should be available to all New Yorkers� WHEREAS, New York State is a significant purchaser of internet and broadband services; WHEREAS, New York State has a responsibility to ensure the efficient procurement of goods and services for the State of New York and its political subdivisions and the principles of net neutrality are inherently tied to the provision of high quality, high speed broadband internet service for the State; WHEREAS, because many New York State government services are available only via the internet, and throttling or paid prioritization would limit the ability of many of the most vulnerable New Yorkers to access the internet; and NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York do hereby order and direct New York State�s government, through this Executive Order, not to enter into any contracts for internet service unless the ISPs agree to adhere to net neutrality principles. The Office of General Services or any other governmental entity of New York State, as defined herein, is directed to incorporate into the State�s procurement process for internet, data, and telecommunications services criteria requiring that recipients of state contracts adhere to internet neutrality principles.
New York
no date
N.Y. HAY 10-24-E
General Powers and Duties of the Commissioner
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows the commissioner of transportation to enter into agreements for fiber optic utilities to use the right of way. Specifies terms for the fees that the commissioner can charge.
State Code
The commissioner of transportation is hereby authorized to enter into an agreement with any fiber optic utility for use and occupancy of the state right of way for the purposes of installing, modifying, relocating, repairing, operating, or maintaining fiber optic facilities.
New York
no date
N.Y. PBS 101
Authority to issue stock, bonds, and other forms of indebtedness
Category: Competition and regulation
Topic: Regulatory Authority
Allows telephone companies to accept federal loans to expand broadband access without first obtaining the approval of the Public Services Commission. This permission would normally be required to provide services not specified in a company’s application for authority.
State Code
Except in instances where a telegraph or telephone corporation has notified the commission it is engaged in securing a federal loan for the expansion of broadband services, no such corporation shall, without the consent of the commission, apply any such issue or its proceeds to any purpose not specified in the application for authority.
New York
2015
N.Y. S 2004-C/A 3004-C
New York State Special Infrastructure Account
Category: Funding and financing
Topic: Fund - Broadband
Appropriates $500 million to the New NY Broadband Initiative.
State Code
New NY broadband initiative, to support the development of infrastructure to bring high-speed internet access to unserved and underserved regions throughout the state, and to support the development of other telecommunications infrastructure; provided however that priority shall be given to projects that bring high-speed internet access to unserved areas of the state, public libraries, and educational opportunity centers …… 500,000,000
New York
no date
N.Y. TAX 1115 [a] [12-a]
Exemptions from sales and use taxes
Category: Funding and financing
Topic: Tax Incentives
Exempts from sales tax equipment used to either transmit or receive an internet connection.
State Code
(12-a) Tangible personal property for use or consumption directly and predominantly in the receiving, initiating, amplifying, processing, transmitting, retransmitting, switching or monitoring of switching of telecommunications services for sale or internet access services for sale or any combination thereof. Such tangible personal property exempt under this subdivision shall include, but not be limited to, tangible personal property used or consumed to upgrade systems to allow for the receiving, initiating, amplifying, processing, transmitting, retransmitting, switching or monitoring of switching of telecommunications services for sale or internet access services for sale or any combination thereof.
North Carolina
2019
N.C. Executive Order No. 91
Establishing the Task Force on Connecting North Carolina, Promoting Expansion of Access to High-Speed Internet and Removing Barriers to Broadband Infrastructure Installation (Task Force)
Category: Broadband programs
Topic: Task Force
Creates the Task Force on Connecting North Carolina, comprising the heads of various state agencies, and tasks it with compiling a report that assesses progress on the state broadband plan, identifies opportunities to expand access, proposes metrics and standards to evaluate the state’s progress, and prioritizes recommendations for the 2019 calendar year. The task force is also responsible for coordinating efforts to obtain federal funding, supporting residents in seeking federal funding, recommending ways to leverage state property and reduce barriers to deployment, and developing a uniform rights-of-way contract, application, or permit.
State Code
Section 1. Purpose. It is the policy of the Office of the Governor and the North Carolina Department of Information Technology (“DIT”) to promote and implement actions that equitably expand broadband access in North Carolina. These actions include: supporting the deployment of last-mile broadband infrastructure; developing a uniform Dig Once policy to reduce repeated broadband installation excavations; bridging the homework gap that results from students not having internet access; and increasing efforts to ensure affordable, high-speed internet from North Carolina residents, businesses, non-profits, schools, communities, and governments. The vast expertise within state cabinet agencies as well as partnerships with non-governmental entities will be utilized to develop and implement strategies toward accomplishing this goal.
Section 2. Establishment. The Governor's Task Force on Connecting North Carolina (the "Task Force") is hereby established.
North Carolina
2019
N.C. Executive Order No. 91
Establishing the Task Force on Connecting North Carolina, Promoting Expansion of Access to High-Speed Internet and Removing Barriers to Broadband Infrastructure Installation (Task Force)
Category: Broadband programs
Topic: Task Force
Creates the Task Force on Connecting North Carolina, comprising the heads of various state agencies, and tasks it with compiling a report that assesses progress on the state plan, identifies opportunities to expand broadband access, proposes metrics and standards to evaluate the state's progress, and prioritizes recommendations for the 2019 calendar year. The task force is also responsible for coordinating efforts to obtain federal funding, supporting residents in seeking federal funding, recommending ways to leverage state property and reduce barriers to broadband deployment, and developing a uniform rights-of-way contract, application, and/or permit.
State Code
The Governor's Task Force on Connecting North Carolina (the "Task Force") is hereby established. _�_ The Governor shall appoint all members to the Task Force. The members shall be the following: i. The Secretary of DIT, or designee; ii. The Secretary of the North Carolina Department of Health and Human Services, or designee; iii. The Secretary of the North Carolina department of Commerce, or designee; iv. The Secretary of the North carolina Department of Administration, or designee; v. The Secretary of the North Carolina Department of Public Safety, or designee; vi. The Secretary of the North Carolina Department of Transportation ("DOT") or designee; vii. The Secretary of the North Carolina Department of Natural and Cultural Resources, or designee; viii. The Director of the North Carolina Office of State Budget and Management, or designee.
North Carolina
2019
N.C. Gen. Stat. 117-18.1
Subsidiary business activities
Category: Competition and regulation
Topic: Cooperatives
Allows electric cooperatives to form subsidiaries to provide broadband service and exempts them from requirements that apply to other subsidiaries of cooperatives, including a prohibition on accepting funding from the USDA and a requirement to maintain arms-length transactions between the cooperative and the subsidiary.
State Code
(d) The provisions of subdivisions (1) and (3) of subsection (a) of this section do not apply to the separate business activities of an electric membership corporation that forms, organizes, acquires, holds, disposes of, or operates any interest up to and including full controlling interest in a separate business entity that provides or supports high-speed broadband services to one or more households, businesses, or community anchor points in an unserved area.
North Carolina
2019
N.C. Gen. Stat. 117-28.1
Electric membership corporations; easements
Category: Infrastructure access
Topic: Rights-of-way (Easements)
Allows electric cooperatives to use existing easements for electric service for broadband service as well, provided that no additional construction is required.
State Code
(a) Any easement owned, held, or otherwise used by an electric membership corporation for the purpose of electrification, as stated in G.S. 117-10 may also be used by the corporation, or its wholly owned subsidiary, for the ancillary purpose of supplying high-speed broadband service, where such use does not require additional construction and is ancillary to the electrification purposes for which broadband fiber is or was installed.
North Carolina
1999
N.C. Gen. Stat. 117-30
Telephone membership corporations
Category: Competition and regulation
Topic: Cooperatives
Allows telephone membership corporations to be formed to provide services in unserved areas. Services include telephone lines, broadband cables and lines, telephone service, and broadband communications services.
State Code
such corporations so formed for the express purpose of providing telephone service necessary to serve the community or communities prescribed in the application may also provide the community or communities prescribed in the application with any communication service for the transmission of voice, sounds, signals, pictures, writing or signs of all kinds through the use of electricity or the electromagnetic spectrum between the transmitting and receiving apparatus, together with any telecommunications service requiring band-width capacity, including, but not limited to community antenna and cable television services, and including all lines, wires, cables, radio, light, electromagnetic impulse and all facilities, systems or other means used in the rendition of such services, but not including message telegram service or radio broadcasting services or facilities within the meaning of section 3(o) of the Federal Communications Act of 1934, as amended (47 USC § 153(o)) and except that such corporation so formed shall have no authority to engage in any other business. Provided, that the references in Article 2 of this Chapter to "power lines" or "energy" as to such telephone membership corporations shall be construed to mean telephone lines, broadband cables and lines, telephone service and broadband communications services.
North Carolina
2017
N.C. Gen. Stat. 136-18
Powers of Department of Transportation
Category: Broadband programs
Topic: Agency
Gives the Department of Transportation the power to use existing rights-or-way or acquire rights-of-way for present or future location of utilities, including broadband. Also authorizes the Department of Transportation to enter into public-private partnerships for the provision of communications infrastructure in highway rights-of-way.
State Code
The said Department of Transportation is vested with the following powers: (2) Related to right-of-way: a. To take over and assume exclusive control for the benefit of the State of any existing county or township roads. b. To locate and acquire rights-of-way for any new roads that may be necessary for a State highway system. c. Subject to the provisions of G.S. 136-19.5(a) and (b), to use existing rights-of-way, or locate and acquire such additional rights-of-way, as may be necessary for the present or future relocation or initial location, above or below ground, of: 1. Telephone, telegraph, distributed antenna systems (DAS), broadband communications, electric and other lines, as well as gas, water, sewerage, oil and other pipelines … (46) To enter into partnership agreements with private entities to finance, by contracts, revenues of facilities, and other financing methods authorized by law, the cost of acquiring, constructing, equipping, maintaining, and operating communications infrastructure supporting transportation infrastructure on the Interstate System as defined by Title 23, United States Code, Section 103(c) in this State, and to plan, design, develop, acquire, construct, equip, maintain, and operate communications infrastructure supporting transportation infrastructure within this State.
North Carolina
2015
N.C. Gen. Stat. 143B-1370
Communications services
Category: Broadband programs
Topic: Agency
States that the chief information officer is responsible for managing and operating telecommunications for state agencies, including developing standards for a state network and broadband systems.
State Code
(a)The State CIO shall exercise authority for telecommunications and other communications included in information technology relating to the internal management and operations of State agencies. In discharging that responsibility, the State CIO shall do the following: (1) Develop standards for a State network. (2) Develop a detailed plan for the standardization and operation of State communications networks and services.(5) Provide for the establishment, management, and operation, through either State ownership, by contract, or through commercial leasing, of the following systems and services as they affect the internal management and operation of State agencies: h. Broadband.
North Carolina
2015
N.C. Gen. Stat. 143B-1371
Communications services for local governmental entities and other entities
Category: Broadband programs
Topic: Agency
Directs the chief information officer to provide cities, counties, and other local government entities, as well as nonprofit educational institutions, the information technology corporation MCNC and its research affiliates, and health care facilities broadband communications services on a not-for-profit basis.
State Code
(a) The State CIO shall provide cities, counties, and other local governmental entities with access to communications systems or services established by the Department under this Part for State agencies. Access shall be provided on the same cost basis that applies to State agencies. (b) The State CIO shall establish broadband communications services and permit, in addition to State agencies, cities, counties, and other local government entities, the following organizations and entities to share on a not-for-profit basis:(1) Nonprofit educational institutions as defined in G.S. 116-280. (2) MCNC and research affiliates of MCNC for use only in connection with research activities sponsored or funded, in whole or in part, by MCNC, if such research activities relate to health care or education in North Carolina. (3) Agencies of the United States government operating in North Carolina for use only in connection with activities that relate to health care, education, or FirstNet in North Carolina. (4) Hospitals, clinics, and other health care facilities for use only in connection with activities that relate to health care, education, or FirstNet in North Carolina.
North Carolina
2020
N.C. Gen. Stat. 143B-1373
Growing Rural Economies With Access to Technology (GREAT) program
Category: Funding and financing
Topic: Fund - Broadband
Creates the GREAT program to provide grant funding for eligible broadband projects and defines requirements for and scoring of grants. The program is a special revenue fund within the Department of Information Technology.
State Code
The Growing Rural Economies with Access to Technology Fund is established as a special revenue fund in the Department of Information Technology. The Secretary may award grants from the Growing Rural Economies with Access to Technology Fund to eligible recipients for eligible projects. The funds shall be used by the recipient to pay for infrastructure costs associated with an eligible project. State funds appropriated to this Fund shall be considered an information technology project within the meaning of G.S. 143C-1-2.
North Carolina
2020
N.C. Gen. Stat. 143B-1373 [a] [14]
Growing Rural Economies with Access to Technology (GREAT) program
Category: Definitions
Topic: Definition - Unserved
Defines “unserved area” as an area without access to broadband service via a wireline or fixed wireless provider or an area where a private provider has been designated to receive funds through state-or federally funded programs specifically for broadband deployment, except where such funding is intended to result in construction of broadband within 18 months, in which case the area is considered served.
State Code
Unserved area. – A designated geographic area that is presently without access to broadband service, as defined in this section, offered by a wireline or fixed wireless provider. Areas where a private provider has been designated to receive funds through other State or federally funded programs designed specifically for broadband deployment shall be considered served if such funding is intended to result in construction of broadband in the area within 18 months.
North Carolina
2021
N.C. Gen. Stat. 143B-1373 [a] [15]
Growing Rural Economies with Access to Technology (GREAT) program
Category: Definitions
Topic: Definition - Unserved
Defines “unserved household or business” as a household or business that does not have access to broadband service as defined by N.C. Gen. Stat. 143B-1373.
State Code
Unserved household or business. – A household or business that does not presently have access to broadband service, as defined in this subsection.
North Carolina
2020
N.C. Gen. Stat. 143B-1373 [a] [2]
Growing Rural Economies with Access to Technology (GREAT) program
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines “broadband” as terrestrially deployed internet access at speeds of at least 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads.
State Code
Broadband service. – For the purposes of this section, terrestrially deployed Internet access service with transmission speeds of at least 25 megabits per second (Mbps) download and at least 3 megabits per second upload (25:3).
North Carolina
no date
N.C. Gen. Stat. 143B-437.01
Industrial Development Fund Utility Account
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Creates a fund administered by the Department of Commerce to help local governments in economically distressed counties create jobs. The fund supports construction of new and improvement to existing infrastructure, including high-speed broadband.
State Code
(a) Creation and Purpose of Fund. - There is created in the Department of Commerce a special account to be known as the Industrial Development Fund Utility Account ("Utility Account") to provide funds to assist the local government units of the most economically distressed counties in the State in creating jobs. The Department of Commerce shall adopt rules providing for the administration of the program. Those rules shall include the following provisions, which shall apply to each grant from the account: (1) The funds shall be used for construction of or improvements to new or existing water, sewer, gas, telecommunications, high-speed broadband, electrical utility distribution lines or equipment, or transportation infrastructure for existing or new or proposed buildings. To be eligible for funding, the water, gas, telecommunications, high-speed broadband, electrical utility lines or facilities, or transportation infrastructure shall be located on the site of the building or, if not located on the site, shall be directly related to the operation of the job creation activity.
North Carolina
2014
N.C. Gen. Stat. 143B-472.127
Programs administered
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Tasks the Rural Economic Development Division with administering economic development grants and loans provided by the Rural Infrastructure Authority to local governments for constructing broadband infrastructure.
State Code
(a) The Rural Economic Development Division shall be responsible for administering the program whereby economic development grants or loans are awarded by the Rural Infrastructure Authority as provided in G.S. 143B-472.128 to local government units. The Rural Infrastructure Authority shall, in awarding economic development grants or loans under the provisions of this subsection, give priority to local government units of the counties that have one of the 80 highest rankings under G.S. 143B-437.08 after the adjustment of that section. The funds available for grants or loans under this program may be used as follows: (1) To construct critical water and wastewater facilities or to provide other infrastructure needs, including, but not limited to, natural gas, broadband, and rail to sites where these facilities will generate private job-creating investment. The grants under this subdivision shall not be subject to the provisions of G.S. 143-355.4.
North Carolina
2018
N.C. Gen. Stat. 146-29.2 [a] [1b]
Lease or interest in real property for communication purposes
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines broadband as service equal to or greater than tier 1 service as defined by the Federal Communications Commission, regardless of technology type.
State Code
Broadband. – Internet access service with transmission speeds that are equal to or greater than the requirements for basic broadband tier 1 service as defined by the Federal Communications Commission for broadband data gathering and reporting, regardless of the technology or medium used to provide the service.
North Carolina
2018
N.C. Gen. Stat. 146-29.2 [b1]
Lease or interest in real property for communication purposes
Category: Infrastructure access
Topic: Wireless facilities
Requires the state to allow broadband providers to co-locate on existing state structures and to lease property or grant easements for broadband infrastructure expansion. Further requires any new towers on state land to be built for co-location.
State Code
The State shall allow the collocation, installation, and operation of equipment by a broadband provider on any existing structure owned by the State and shall lease real property, or grant an easement or license with an interest in real property, for the purposes of construction and placement of broadband infrastructure on State land. A disposition entered into pursuant to this subsection is voidable by the Governor and Council of State for specific reasons or causes that shall be cited.
North Carolina
2018
N.C. Gen. Stat. 146-30 [b3]
Application of net proceeds
Category: Funding and financing
Topic: Fund - Broadband
Directs net proceeds from the lease, rental, or easement of state structures or property for broadband provision to the Growing Rural Economies With Access to Technology (GREAT) program fund.
State Code
Notwithstanding the other provisions of this section, no service charge into the State Land Fund shall be deducted from or levied against the proceeds of any disposition by lease, rental, or easement of State lands or structures for the collocation, installation, or operation of equipment by a broadband provider on an existing structure owned by the State in accordance with G.S. 146 29.2. The agency that owns the land or structure subject to the lease, rental, or easement may retain an amount not to exceed four percent (4%) of the amount of the lease, rental, or easement. All net proceeds of those dispositions, after the amount retained by the agency, shall be deposited in the Growing Rural Economies with Access to Technology Fund established pursuant to subsection (b) of G.S. 143B 1373.
North Carolina
2018
N.C. Gen. Stat. 160A-272
Lease or rental of property
Category: Competition and regulation
Topic: Service Provision - Other
Addresses lease and rental of city owned property. Specifies that leases or rental terms may be determined by the council but may not be for longer than 10 years or they will be treated as the sale of property. Exceptions are given for the following: in the case of renewable energy facilities, a communications tower with a term of up to 25 years, or for the operation and use of components of a wired or wireless network for up to 25 years. The latter applies if the lease is entered into with a private provider or cooperative in conjunction with a grant agreement for a discrete project in an unserved area that is economically distressed to provide broadband service to homes, businesses, and community anchor institutions.
State Code
(b1) Leases for terms of more than 10 years shall be treated as a sale of property and may be executed by following any of the procedures authorized for sale of real property. (c) Notwithstanding subsection (b1) of this section, the council may approve a lease without treating that lease as a sale of property for any of the following reasons: (1) For the siting and operation of a renewable energy facility, as that term is defined in G.S. 62-133.8(a)(7), for a term up to 25 years. (2) For the siting and operation of a tower, as that term is defined in G.S. 146-29.2(a)(7), for communication purposes for a term up to 25 years. (3) For the operation and use of components of a wired or wireless network, for a term up to 25 years; provided, however, that the lease is entered into with a private broadband provider or a cooperative in connection with a grant agreement pursuant to G.S. 143B-1373 and is for a discrete and specific project located in an unserved area of an economically distressed county seeking to provide broadband service to homes, businesses, and community anchor points not currently served.
North Carolina
2011
N.C. Gen. Stat. 160A-340 [4]
Definitions
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines high-speed internet access service as internet access service with transmission speeds equal to or greater than broadband tier 1 service as defined by the Federal Communications Commission.
State Code
High-speed Internet access service. - Internet access service with transmission speeds that are equal to or greater than the requirements for basic broadband tier 1 service as defined by the Federal Communications Commission for broadband data gathering and reporting.
North Carolina
no date
N.C. Gen. Stat. 160A-340.1 et seq.
Provision of Communications Service by Cities
Category: Competition and regulation
Topic: Municipal Broadband
Enumerates requirements of city-owned communications service providers, including establishing separate enterprise funds for the provision of communication services; limiting provision of services to within the city limits; not requiring any person to subscribe to city-owned services; providing nondiscriminatory access to rights-of-way, poles, and conduit for private providers; not advertising the service on channels that other providers are required to carry; not cross-subsidizing services; and pricing services at a level that is not below the cost of provision. Requires that cities solicit proposals from private providers before undertaking construction of a communications network and to hold a special election on the question of whether it may provide a communications service before they may incur debt for building a system. Creates an exemption allowing cities to file with the state Utilities Commission for a determination that an area is unserved and to provide service to that area and includes a process for incumbent providers to challenge such a designation. Creates further exemptions for services used for internal governmental purposes and for joint agencies providing services as of Jan. 1, 2011, including the joint agency operated by the cities of Davidson and Mooresville, Salisbury, and Wilson. Creates public hearing requirements for joint agencies proposing communications services, including holding two public meetings at least 30 days apart, publishing notice weekly for four weeks before hearings, sending private providers notice by mail 45 days in advance, and allowing private providers to present testimony at public hearings. Requires cities or joint agencies providing communications services to make payments in lieu of taxes to the county that is authorized to levy property taxes and to the state.
State Code
(a) A city-owned communications service provider shall meet all of the following requirements: (1) Comply in its provision of communications service with all local, State, and federal laws, regulations, or other requirements applicable to the provision of the communications service if provided by a private communications service provider.
North Carolina
2017
N.C. Gen. Stat. 160A-340.2 [b]
Exemptions (Municipal Broadband)
Category: Competition and regulation
Topic: Municipal Broadband
Creates an exemption to allow cities to provide service to unserved areas. Must file with the North Carolina Utilities Commission for a determination that the area is unserved. Includes a process for incumbent providers to challenge a designation of an area as unserved. Creates further exemptions for services used for internal governmental purposes and for joint agencies providing services as of Jan. 1, 2011, including those operated by Salisbury and Wilson, and the joint agency operated by Davidson and Mooresville.
State Code
(b) The provisions of G.S. 160A-340.1, 160A-340.4, and 160A-340.5 do not apply to the provision of communications service in an unserved area. A city seeking to provide communications service in an unserved area shall petition the North Carolina Utilities Commission for a determination that an area is unserved. The petition shall identify with specificity the geographic area for which the designation is sought. Any private communications service provider, or any other interested party, may, within a time established by order of the Commission, which time shall be no fewer than 30 days, file with the Commission an objection to the designation on the grounds that one or more areas designated in the petition is not an unserved area or that the city is not otherwise eligible to provide the service. For purposes of this subsection, the term "unserved area" means a census block, as designated by the most recent census of the U.S. Census Bureau, in which at least fifty percent (50%) of households either have no access to high-speed Internet service or have access to high-speed Internet service only from a satellite provider. A city may petition the Commission to serve multiple contiguous unserved areas in the same proceeding.
North Carolina
2017
N.C. Gen. Stat. 160A-340.2 [b]
Exemptions (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines “unserved” as a census block in which at least half of households either have no access to high-speed internet or are served only by satellite providers.
State Code
For purposes of this subsection, the term "unserved area" means a census block, as designated by the most recent census of the U.S. Census Bureau, in which at least fifty percent (50%) of households either have no access to high-speed Internet service or have access to high-speed Internet service only from a satellite provider.
North Carolina
2017
N.C. Gen. Stat. 160A-400.50 et seq.
Purpose and compliance with federal law
Category: Infrastructure access
Topic: Small cell facilities
Allows cities to plan for and regulate the siting or modification of wireless facilities, provided they comply with federal law and Federal Communications Commission regulations. Regulates cities’ application review procedures. Prohibits cities from prohibiting, regulating, or charging for the co-location of wireless facilities, although they can require a permit subject to the provisions of the statute. Regulates use of city right of way and utility poles for wireless facilities.
State Code
(a) The purpose of this section is to ensure the safe and efficient integration of facilities necessary for the provision of advanced mobile broadband and wireless telecommunications services throughout the community and to ensure the ready availability of reliable wireless service to the public, government agencies, and first responders, with the intention of furthering the public safety and general welfare. (a1) The deployment of wireless infrastructure is critical to ensuring first responders can provide for the health and safety of all residents of North Carolina and that, consistent with section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), which creates a national wireless emergency communications network for use by first responders that in large measure will be dependent on facilities placed on existing wireless communications support structures, it is the policy of this State to facilitate the placement of wireless communications support structures in all areas of North Carolina. The following standards shall apply to a city's actions, as a regulatory body, in the regulation of the placement, construction, or modification of a wireless communications facility. (b) The placement, construction, or modification of wireless communications facilities shall be in conformity with the Federal Communications Act, 47 U.S.C. § 332 as amended, section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), and in accordance with the rules promulgated by the Federal Communications Commission. (c) This Part shall not be construed to authorize a city to require the construction or installation of wireless facilities or to regulate wireless services other than as set forth herein. (2007-526, s. 1; 2013-185, s. 1; 2017-159, s. 2(c).)
North Carolina
2019
N.C. Gen. Stat. 160D-9-30
Purpose and compliance with federal law
Category: Other
Topic: Legislative Intent
Declares that the intent of this section is to facilitate the deployment of wireless broadband networks and wireless communications support structures for the purpose of advancing public safety.
State Code
(a) The purpose of this section is to ensure the safe and efficient integration of facilities necessary for the provision of advanced mobile broadband and wireless telecommunications services throughout the community and to ensure the ready availability of reliable wireless service to the public, government agencies, and first responders, with the intention of furthering the public safety and general welfare. (b) The deployment of wireless infrastructure is critical to ensuring first responders can provide for the health and safety of all residents of North Carolina and, consistent with section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. �_ 1455(a), create a national wireless emergency communications network for use by first responders that in large measure will be dependent on facilities placed on existing wireless communications support structures. Therefore, it is the policy of this State to facilitate the placement of wireless communications support structures in all areas of North Carolina. The following standards shall apply to a local government's actions, as a regulatory body, in the regulation of the placement, construction, or modification of a wireless communications facility.
North Carolina
2019
N.C. Gen. Stat. 160D-9-30 et seq.
Construction of new wireless support structures or substantial modifications of wireless support structures
Category: Infrastructure access
Topic: Wireless facilities
Clarifies that local governments have the authority to approve permits for the construction, placement, or modification of a wireless support structure, but that the review of the application can consider only public safety, land development, and zoning issues. Local governments are prohibited from making decisions on permit applications based on service quality, coverage, customer demand, providers' business decisions, or the need for service in the area. Local governments are also prohibited from requiring providers to submit proprietary information as a condition of permit approval. They must approve or deny applications in a reasonable time period and may not charge unreasonable permitting fees. Local governments also may not condition permit approval on whether space on a wireless support structure has already been leased, nor may they require wireless support structures to be placed on government property, although they may develop a process to encourage the use of public property for such structure. Local governments also must notify applicants within 45 days of submission as to whether the application is complete. They then have another 45 days to either approve or reject the application.
State Code
(a) Any person that proposes to construct a new wireless support structure or substantially modify a wireless support structure within the planning and development regulation jurisdiction of a local government must do both of the following: (1) Submit a completed application with the necessary copies and attachments to the appropriate planning authority. (2) Comply with any local ordinances concerning land use and any applicable permitting processes. (b) A local government's review of an application for the placement or construction of a new wireless support structure or substantial modification of a wireless support structure shall only address public safety, land development, or zoning issues. In reviewing an application, the local government may not require information on or evaluate an applicant's business decisions about its designed service, customer demand for its service, or quality of its service to or from a particular area or site. A local government may not require information that concerns the specific need for the wireless support structure, including if the service to be provided from the wireless support structure is to add additional wireless coverage or additional wireless capacity. A local government may not require proprietary, confidential, or other business information to justify the need for the new wireless support structure, including propagation maps and telecommunication traffic studies. … (c) The local government shall issue a written decision approving or denying an application under this section within a reasonable period of time consistent with the issuance of other development approvals in the case of other applications, each as measured from the time the application is deemed complete.
(d) A local government may fix and charge an application fee, consulting fee, or other fee associated with the submission, review, processing, and approval of an application to site new wireless support structures or to substantially modify wireless support structures or wireless facilities that is based on the costs of the services provided and does not exceed what is usual and customary for such services.
North Carolina
2019
N.C. Gen. Stat. 160D-9-35-38
Collocation of small wireless facilities
Category: Infrastructure access
Topic: Small cell facilities
Limits local governments' ability to regulate small cell facilities. They may not issue a moratorium on small cell applications, and small cell facilities located anywhere except single-family residential property shall only be subjected to administrative review. Statute also limits the reasons for which small cell applications can be denied and places restrictions on the process that local governments can use to process applications. Allows small cell providers to deploy facilities in public rights-of-way, provided they follow the permitting process outlined in N.C. Gen. Stat. 160D-9-35(d). Places size restrictions on small cell facilities deployed in the right-of-way and specifies that municipalities are not required to allows small cells in areas zoned as single-family residential. Requires local governments to allow the collocation of small cell facilities on municipally owned poles and to not charge fees of over $50 per pole per year. Local governments may only deny an application to collocate for reasons of safety, reliability, or engineering principles. Establishes a timeline for cities to determine their rates, approve an application, and complete make-ready work.
State Code
(a) Except as expressly provided in this Part, a city shall not prohibit, regulate, or charge for the collocation of small wireless facilities. (b) A city may not establish a moratorium on (i) filing, receiving, or processing applications or (ii) issuing permits or any other approvals for the collocation of small wireless facilities. (c) Small wireless facilities that meet the height requirements of G.S. 160D-9-36(b)(2) shall only be subject to administrative review and approval under subsection (d) of this section if they are collocated (i) in a city right-of-way within any zoning district or (ii) outside of city rights-of-way on property other than single-family residential property. (d) A city may require an applicant to obtain a permit to collocate a small wireless facility.
North Carolina
2009
N.C. Gen. Stat. 62-113 (c)
Terms and conditions of franchises
Category: Competition and regulation
Topic: Service Provision - Other
Allows broadband providers to provide voice services when they expand to new service areas, provided that none of the incumbent voice providers also provide broadband.
State Code
(c) Any broadband service provider that provides voice grade communication services within a defined service territory or franchise area, and elects to provide broadband service in areas contiguous to its service territory or franchise area, may provide such voice grade service as an incident to such broadband service to a customer when the incumbent telecommunications or cable provider is not currently providing broadband service to the customer, without violating its service territory restrictions or franchise agreement.
North Carolina
2007
N.C. Gen. Stat. 62-2
Declaration of policy
Category: Competition and regulation
Topic: Regulatory Authority
Declares broadband service provided by regulated utilities to be sufficiently competitive and that it will not be regulated by the North Carolina Utilities Commission.
State Code
The North Carolina Utilities Commission may develop regulatory policies to govern the provision of telecommunications services to the public which promote efficiency, technological innovation, economic growth, and permit telecommunications utilities a reasonable opportunity to compete in an emerging competitive environment, giving due regard to consumers, stockholders, and maintenance of reasonably affordable local exchange service and long distance service. (b1) Broadband service provided by public utilities as defined in G.S. 62-3(23)a.6. is sufficiently competitive and shall not be regulated by the Commission.
North Carolina
no date
N.C. Gen. Stat. 62-3 [1]
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband service as high-speed access at speeds above 200 kilobits per second either upload or download.
State Code
"Broadband service" means any service that consists of or includes a high-speed access capability to transmit at a rate of not less than 200 kilobits per second in either the upstream or downstream direction and either (i) is used to provide access to the Internet, or (ii) provides computer processing, information storage, information content, or protocol conversion, including any service applications or information service provided over such high-speed access service. "Broadband service" does not include intrastate service that was tariffed by the Commission and in effect as of the effective date of this subdivision.
North Carolina
2015
N.C. Gen. Stat. 62-350
Regulation of pole attachments
Category: Infrastructure access
Topic: Pole attachments
Requires municipalities and membership corporations to allow communications services providers (including broadband) to use poles, ducts, and conduits at reasonable and nondiscriminatory rates.
State Code
A municipality, or a membership corporation organized under Chapter 117 of the General Statutes, that owns or controls poles, ducts, or conduits, but which is exempt from regulation under section 224 of the Communications Act of 1934, as amended, shall allow any communications service provider to utilize its poles, ducts, and conduits at just, reasonable, and nondiscriminatory rates, terms, and conditions adopted pursuant to negotiated or adjudicated agreements. A request to utilize poles, ducts, or conduits under this section may be denied only if there is insufficient capacity or for reasons of safety, reliability, and generally applicable engineering principles, and those limitations cannot be remedied by rearranging, expanding, or otherwise reengineering the facilities at the reasonable and actual cost of the municipality or membership corporation to be reimbursed by the communications service provider.
North Carolina
2015
N.C. Session Law 2015-241, Section 7.23.(a)
State broadband plan
Category: Broadband programs
Topic: Plan
Requires the chief information officer to develop a state broadband plan.
State Code
The State CIO shall develop a State plan that includes: (1) Information regarding the availability and functionality of broadband throughout the State and an evaluation of the current deployment of broadband service. (2) A strategy to support the affordability of broadband service as well as maximum utilization of broadband infrastructure, including potential partnerships and sources of funding to support the effort. (3) Analysis of means, methods, and best practices to establish universal broadband access across the State.
North Carolina
2017
N.C. Session Law 2017-57, Section 15.7A
N.C. Ready Sites program
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Creates the Rural Ready Sites program, which provides funding to local governments to help build infrastructure, including broadband infrastructure, to attract new businesses.
State Code
Funds shall only be utilized for public infrastructure improvements including new or existing water, sewer, gas, telecommunications, high_�speed broadband, electrical utility distribution lines or equipment, or transportation infrastructure.
North Dakota
1999
N.D.C.C. 54-59-02
Information Technology Department—responsibility—public policy
Category: Broadband programs
Topic: Agency
Tasks the Information Technology Department with ensuring that state agencies, local governments, schools, and higher education institutions have access to the internet. Prohibits the department from competing with private providers.
State Code
The information technology department is established with the responsibility for all wide area network services planning, selection, and implementation for all state agencies, including institutions under the control of the board of higher education, counties, cities, and school districts in this state. With respect to a county, city, or school district, wide area network services are those services necessary to transmit voice, data, or video outside the county, city, or schooldistrict. In exercising its powers and duties, the department is responsible for computer supportservices, host software development, statewide communications services, standards for providing information to other state agencies and the public through the internet, technology planning, process redesign, and quality assurance. The department may not exercise its powers and duties in a manner that competes or otherwise interferes with the provision of telecommunications service to a private, charitable, or nonprofit entity by a privately or cooperatively owned telecommunications company.
Ohio
2015
Ohio Rev. Code 122.951
Grants from industrial site improvement fund
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Allows the director of development services to provide grants of up to $750,000 to counties for activities including broadband if it is determined that such activities will create new jobs or preserve existing jobs and employment opportunities.
State Code
(A) If the director of development services determines that a grant may create new jobs or preserve existing jobs and employment opportunities in an eligible county, the director may grant up to seven hundred fifty thousand dollars to the eligible county for the purpose of acquiring commercial or industrial land or buildings and making improvements to commercial or industrial areas within the eligible county, including, but not limited to: (1) Expanding, remodeling, renovating, and modernizing buildings, structures, and other improvements; (2) Remediating environmentally contaminated property on which hazardous substances exist under conditions that have caused or would cause the property to be identified as contaminated by the Ohio or United States environmental protection agency; and (3) Infrastructure improvements, including, but not limited to, site preparation, including building demolition and removal; streets, roads, bridges, and traffic control devices; parking lots and facilities; water and sewer lines and treatment plants; gas, electric, and telecommunications, including broadband, hook-ups; and water and railway access improvements.
Ohio
2007
Ohio Rev. Code 1332.22
Legislative findings regarding video service
Category: Other
Topic: Legislative Intent
Defines legislative intent related to video service, including benefits of enhanced broadband infrastructure.
State Code
(B) This state's economy will be enhanced by investment in new communications and video programming infrastructure, including fiber optic and internet protocol technologies. (C) Enhancing the existing broadband infrastructure and increasing consumer access to robust and reliable broadband products and services are important, statewide concerns.
Ohio
2017
Ohio Rev. Code 4905.02
Public utility defined
Category: Competition and regulation
Topic: Regulatory Authority
Defines “public utility” to exclude broadband services, regardless of Federal Communications Commission definition.
State Code
(A) As used in this chapter, "public utility" includes every corporation, company, copartnership, person, or association, the lessees, trustees, or receivers of the foregoing, defined in section 4905.03 of the Revised Code, including any public utility that operates its utility not for profit, except the following:...(5) Any provider, including a telephone company, with respect to its provision of any of the following:
(a) Advanced services as defined in 47 C.F.R. 51.5;
(b) Broadband service, however defined or classified by the federal communications commission
Ohio
2018
Ohio Rev. Code 4939.01 et seq.
Use of municipal public way
Category: Infrastructure access
Topic: Small cell facilities
Defines “small cell facility” as wireless infrastructure in which each antenna is located or could fit within an enclosure of 6 cubic feet. Establishes the terms for use of public rights-of-way to encourage the deployment of small cell and advanced wireless facilities. Recognizes the authority of municipal corporations to manage rights-of-way and the need to promote coordination and standardization of such municipal management, as well as timely review processes. Addresses protection of aesthetics in residential and historic districts. Deems applications for co-location of small cell facilities or construction and operation of wireless support structures in the public right-of-way to be a permitted use not subject to zoning review. Requires municipalities to respond to applications within 90 days for co-location, modification, or replacement of a small cell facility on a wireless facility or 120 days for construction, modification, or replacement of wireless structures. If a municipality does not meet this timeline, the application is deemed granted. Allows consolidated applications for small cell facilities and wireless structures (up to 30 of each) if the application includes facilities of substantially the same type. Enumerates things that municipalities cannot do in relation to provision of small cell facilities and wireless support structures, including requiring justification for the facility or removal of existing facilities or imposing regulations that are beyond those imposed for other facilities or stricter than federal requirements. Enumerates things that municipalities can do in relation to provision of small cell facilities and wireless structures, including adopting reasonable design guidelines, proposing alternative locations for wireless structures, and setting height restrictions within defined parameters. Limits municipalities to charging no more than a single one-time processing or application fee per small cell facility, starting at $250 and adjustable by 10% every five years. Defines the period of approval for attaching small cell facilities to wireless structures as 10 years, with renewal for five-year terms thereafter barring express termination of the approval. Requires municipalities to permit co-location of small cell facilities in the public right-of-way. Allows municipalities to condition approval of co-location on replacement or modification of a wireless structure at the operator’s cost if necessary for compliance with written construction and safety standards. Caps the annual charge for co-location on a wireless structure owned by a municipal corporation to $200 per small cell facility, to be adjusted by 10% every five years. Prohibits municipalities from taxing small cell facilities and from entering into exclusive agreements for access to wireless support structures. Allows municipalities to delay processing small cell facility applications by mutual agreement with the applicant if the application is incomplete or if the volume of applications is too high to reasonably review, and defines the conditions and time periods for delays. Indemnifies municipalities and local officials in case small cell or public service operators seek damages for injury or property damage resulting from installing, repairing, or maintaining facilities in the public right-of-way. Requires municipalities to provide competitively neutral access to rights-of-way.
State Code
"Small cell facility" means a wireless facility that meets both of the following requirements :
(1) Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.
(2) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services...Any fee charged by a municipal corporation under section 4939.031 of the Revised Code for granting or processing an application for consent shall not exceed a one-time fee of two hundred fifty dollars per small cell facility . Beginning on the effective date of this section, a municipal corporation may adjust this fee ten per cent every five years, rounded to the nearest five dollars. During each five-year period, the adjustment may be applied incrementally or as a single adjustment...A municipal corporation shall not require any nonmonetary compensation or free service, or levy any tax, for the right or privilege to occupy or use a public way, and shall not levy a public way fee except in accordance with this section.
Oklahoma
1997
17 Okla. Stat. 139.102 (19)
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband service as transmission to or from the internet at a speed above 150 kilobits per second.
State Code
19. "High speed Internet access service" or "broadband service" means, as used in Section 139.110 of this title, those services and underlying facilities that provide upstream, from customer to provider, or downstream, from provider to customer, transmission to or from the Internet in excess of one hundred fifty (150) kilobits per second, regardless of the technology or medium used including, but not limited to, wireless, copper wire, fiber optic cable, or coaxial cable, to provide such service;
Oklahoma
1997
17 Okla. Stat. 139.108
Fund administration
Category: Competition and regulation
Topic: Service Provision - Other
Prohibits anticompetitive and predatory pricing by internet service providers. Prohibits government agencies from reselling OneNet services to the public at a nonpublic site.
State Code
A. Except for the provisions of this section, nothing in this act shall be construed as applicable to the telecommunications network known as OneNet or to any other component of the Oklahoma Government Telecommunications Network. Neither OneNet nor any other component of the Oklahoma Government Telecommunications Network shall be assessed any fee or other charge for the support of universal service. B. No provider of Internet service or any company providing telecommunications services or its affiliate or subsidiary, may price such Internet service in an anticompetitive, discriminatory, or predatory manner or subsidize the price of Internet service with revenues received from other services. No governmental agency or entity using or being eligible to use OneNet facilities may price such Internet services in an anticompetitive or predatory manner. Any governmental agency or entity using OneNet facilities is hereby prohibited from reselling OneNet access directly to the general public at any nonpublic site.
Oklahoma
no date
17 Okla. Stat. 139.109.1
Special Universal Services - Competitive Bidding Exemption - Authority of Administrator - Authority of Corporation Commission (State Universal Service Fund)
Category: Funding and financing
Topic: State Universal Service Fund (Rural Healthcare)
Makes health care entities eligible to receive universal service funding for telemedicine.
State Code
1. Each eligible healthcare entity in this state as defined in Section 139.102 of Title 17 of the Oklahoma Statutes shall be eligible to receive Special Universal Services for telemedicine providers. Special Universal Services for telemedicine providers shall include the provision of bandwidth per standards as recommended by the Federal Communications Commission sufficient for providing telemedicine services including the telemedicine line, reasonable installation and network termination equipment owned and operated by the eligible provider that is necessary to provide the eligible telemedicine service
Oklahoma
no date
17 Okla. Stat. 139.109.1
Special Universal Services - Competitive Bidding Exemption - Authority of Administrator - Authority of Corporation Commission (State Universal Service Fund)
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Makes all public schools and libraries eligible to receive Special Universal Service funds for broadband connections.
State Code
2. Each public school as defined in Section 139.102 of Title 17 of the Oklahoma Statutes shall be eligible to receive Special Universal Services for schools. Special Universal Services for schools shall include the E-rate Eligible Services List (ESL) for Category One services as determined by the FCC for the applicable funding year or, in the absence of such a list, as published by the Universal Services Administrative Company. In the event no ESL is available from the FCC or USAC for the applicable funding year, eligible services will be those on the ESL for the last funding year for which an ESL was available. Special Universal Services shall include the provision of bandwidth sufficient for providing educational services not to exceed, without good cause shown, the standards established for the relevant funding year by the State Educational Technology Directors Association (SETDA) or successor educational broadband standard including Internet access lines, WAN connections, reasonable installation, and network termination equipment owned and operated by the eligible provider as defined by the ESL that is necessary to provide the eligible service. … 3. Each public library as defined in Section 139.102 of Title 17 of the Oklahoma Statutes shall be eligible to receive Special Universal Services for libraries. Special Universal Services for libraries shall include the E-rate Eligible Services List ("ESL") for Category One services as determined by the Federal Communications Commission for the applicable funding year or, in the absence of such a list, as published by the Universal Services Administrative Company. In the event no ESL is available from the FCC or USAC for the applicable funding year, eligible services will be those on the ESL for the last funding year for which an ESL was available. Special Universal Services shall include the provision of bandwidth sufficient for providing library services per standards as recommended by the Federal Communications Commission including Internet access lines, reasonable installation and network termination equipment owned and operated by the eligible provider that is necessary to provide the eligible service. Special Universal Services shall not include voice services that use separate lines or have allocated bandwidth. The Commission may modify the services considered to be Special Universal Services pursuant to rule, after notice and hearing.
Oklahoma
2002
17 Okla. Stat. 139.110
Prohibition on Corporation Commission from imposing restrictions on high speed internet providers; requirement to provide certain network access
Category: Competition and regulation
Topic: Regulatory Authority
Prohibits the Oklahoma Corporation Commission from imposing regulations on broadband providers through agency action.
State Code
The Oklahoma Corporation Commission shall not, by entering any order, adopting any rule, or otherwise taking any agency action, impose any regulation upon a provider of high speed Internet access service or broadband service in its provision of such service, regardless of technology or medium used to provide such service.
Oklahoma
2020
17 Okla. Stat. 139.201 et seq.
Rural Broadband Expansion Council - Study - Recommendations - Website - Report
Category: Broadband programs
Topic: Task Force
Establishes the Oklahoma Rural Broadband Expansion Council to be administered by the Department of Commerce, outlines rules for membership, and tasks the council with studying rural broadband access in the state and programs that would improve it, incorporating information from its studies of a mapping system; making policy recommendations; and submitting an annual report with its findings and recommendations no later than Jan. 31 of each year to the governor, the speaker of the house, and the president pro tempore of the senate.
State Code
A. There is hereby created the Rural Broadband Expansion Council.
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 a government official who has knowledge of and experience with the technology assets and operations of the Oklahoma Department of Transportation, OneNet and the Oklahoma Office of Management and Enterprise Services and who is not and has not been previously employed by OneNet, one of whom shall be a mayor of a municipality having a population of less than twenty-five thousand (25,000) 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 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 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, and one of whom shall be a representative of a wireless telecommunications provider not affiliated with an incumbent local exchange carrier in Oklahoma;
3. Four 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, and one of whom shall be a rural electric cooperative representative;
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 Tempore; and
6. 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. The Council shall hold an organizational meeting not later than sixty (60) days from the effective date of this act and shall select from its membership a chair and vice-chair or co-chairs. The chair of the Council 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.
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 obtains regarding existing capability for persons and businesses to access broadband telecommunication services, the cost for obtaining the services from existing service providers, the estimated costs for improving rural broadband access, the likelihood of changes in rural broadband access in the near and intermediate future based on available information 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 section into a mapping system that depicts resources, broadband coverage, connectivity speeds and such other features as the Council deems relevant.
H. The Council shall undertake a study of incentives or programs that would have the effect of improving existing 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 funding available from foundations, endowments or similar sources, 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 such access where it does not currently exist.
I. The Council shall have the right to obtain information from the Oklahoma Corporation Commission or other state agencies, to the extent information requested 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.
J. The Council shall have the right to obtain information from counties, cities, towns, school districts, career technology districts, public trusts, or other entities or instrumentalities of local government, to the extent information requested 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 in order to develop its recommendations regarding the implementation of policies that are conducive to establishing or improving rural broadband access in the state.
L. The Council shall focus on 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 for rural areas is achieved and maintained.
M. The Council shall give emphasis to 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.
N. The Council shall give emphasis to the prevention of duplication of facilities and investment when it makes policy recommendations. The Council shall establish objective standards in order to determine whether the construction of rural 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.
O. The Oklahoma Department of Commerce shall create a dedicated webpage or website in order to allow public access to the actions and recommendations of the Council. The webpage or website shall contain the mapping system required by subsection G of this section and its related information.
P. The Oklahoma Department of Commerce shall provide administrative support to the Council and shall utilize the Digital 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 an annual report, not later than January 31, summarizing discussions, testimony, analysis, information or other actions and significant events during the preceding calendar year and containing the recommendations, if any, by the Council for legislation, action by executive branch agencies or other actions in furtherance of the mission and duties of the Council. The report shall be submitted to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate.
Oklahoma
2020
62 Okla. Stat. 1.36
Creation - Reports
Category: Funding and financing
Topic: Fund - Other
Creates a fund for the Office of Management and Enterprise Services called the Digital Transformation Program Revolving Fund and authorizes the fund to be spent on digital transformation initiatives and upon request of the state Department of Commerce, to pay for administrative support expenses for the Rural Broadband Expansion Council.
State Code
A. There is hereby created in the State Treasury a fund for the Office of Management and Enterprise Services to be designated the "Digital Transformation Program Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies designated to the fund by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Office of Management and Enterprise Services for the purpose of implementing digital transformation initiatives, and upon request of the Oklahoma Department of Commerce, to pay for administrative support expenses for the Rural Broadband Expansion Council as provided by Section 3 of this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
B. Monthly the Director of the Office of Management and Enterprise Services shall submit reports to the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the Oklahoma State Senate, the Chair of the Appropriations and Budget Committee of the Oklahoma House of Representatives and the Chair of the Appropriations Committee of the Oklahoma State Senate detailing:
1. Expenditures from the Digital Transformation Program Revolving Fund; and
2. Projects under consideration for future expenditures from the fund.
Oklahoma
2012
62 Okla. Stat. 34.20
Additional powers and duties of Information Services Division of Office of Management and Enterprise Services
Category: Broadband programs
Topic: Agency
Defines coordinating statewide planning and approval of contracts for broadband, wireless internet, and wireless networking for state agencies to fall under the Office of Management and Enterprise Services’ Information Services Division.
State Code
In addition to the powers and duties as defined elsewhere in this title, the Information Services Division of the Office of Management and Enterprise Services shall: 1. Coordinate statewide planning and approve statewide contracts for communication and telecommunications needs of state agencies, including, but not limited to, voice, data, radio including the interoperable radio communications system for state agencies, video, broadband, Wi-Fi or wireless networking, Global Positioning Systems (GPS), Internet, eGovernment, as referenced in Sections 34.24 and 34.25 of this title, and facsimile transmissions through analysis of the telecommunications and information technology plan of each agency;
Oklahoma
2020
Okla. HB 4018
Category: Other
Topic: Legislative Intent
States the Legislature’s intentions to follow the Oklahoma Rural Broadband Expansion Council’s recommendations for establishing incentives for broadband access because it is good public policy for the state to improve broadband availability and affordability where economically feasible.
State Code
The Legislature finds that it is good public policy for the state to improve broadband availability and affordability where economically feasible and that future incentives for broadband access be well-reasoned and responsible. The Legislature finds that the creation of the Rural Broadband Expansion Council as provided by this act is in furtherance of such policies and that incentives for broadband access should closely follow the recommendations of the Rural Broadband Expansion Council.
Oregon
2018
Or. Executive Order No. 18-31
Establishing the Oregon Broadband Office
Category: Broadband programs
Topic: Office
Creates the Oregon Broadband Office.
State Code
The Broadband Office is created within the Oregon Business Development Department.
Oregon
no date
Or. Rev. Stat. 276A.400
Policy
Category: Other
Topic: Legislative Intent
Declares that it is the intent of the Legislature that the state of Oregon to use information technology in ways that improve education, health care, economic development, and government services and encourage long-term infrastructure innovation and improvement. Also says that the telecommunications planning process should organize users, encourage collaboration between communities, and encourage competition among service providers.
State Code
The Legislative Assembly declares it to be the policy of the State of Oregon: (1) To use information technology in education, health care, economic development and government services to improve economic opportunities and quality of life for all Oregonians regardless of location or income. (2) To stimulate demand to encourage and enable long-term infrastructure innovation and improvement. (3) That telecommunications planning process shall: (a) Organize users in new ways to aggregate demand, reduce costs and create support networks; (b) Encourage collaboration between communities of interest by geographic area and economic sector; and (c) Encourage competition among technology and service providers.
Oregon
2018
Or. Rev. Stat. 276A.406
Acquisition of broadband and communications services (Agency)
Category: Broadband programs
Topic: Agency
Allows the office of the state’s chief information officer (CIO) to provide broadband services to state agencies, as well as any public body, tribe, or nonprofit organization in unserved or underserved areas. Also requires the CIO’s office to develop rules governing how it provides broadband services, including a process for incumbent providers to challenge the determination that an area is underserved or unserved.
State Code
(2) Notwithstanding ORS chapters 279A, 279B and 279C, the State Chief Information Officer: (a) Shall provide broadband and communications services and operations for the state and state agencies; and (b) Subject to ORS 276A.421 and notwithstanding ORS 276A.206 (6)(c), may provide broadband services and operations in unserved or underserved areas to any other public body, as defined in ORS 174.109, any federally recognized Indian tribe in Oregon or any nonprofit organization that the State Chief Information Officer designates as a community of interest under ORS 276A.206. (3) The State Chief Information Officer provides the services and operations under subsection (2) of this section if the State Chief Information Officer: (a) Provides the services directly; (b) Enters into an interagency or intergovernmental agreement under ORS chapter 190 to have another state agency or governmental agency provide the services; or (c) Acquires the services by entering into contracts with telecommunications providers or a consortium of telecommunications providers in a manner that is consistent with the State Chief Information Officer’s rules, policies and standards. (4) The State Chief Information Officer may not enter into any contract or agreement under subsection (3) of this section or approve the procurement of any broadband or communications system or equipment that is incompatible with the network or that is inconsistent with the State Chief Information Officer’s rules, policies and standards.
Oregon
2018
Or. Rev. Stat. 276A.406
Acquisition of broadband and communications services (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines “broadband” as an internet connection that allows multiple signals at minimum speeds of 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads, although the state’s chief information officer can set a higher minimum by rule.
State Code
(a) “Broadband” means wide bandwidth communications transmissions over coaxial cable, optical fiber, radio or twisted pair with an ability to simultaneously transport multiple signals and traffic types at a minimum transmission speed established by the State Chief Information Officer by rule, but in no event less than 25 megabits per second for downloads and three megabits per second for uploads.
Oregon
2018
Or. Rev. Stat. 276A.418
Public contracts for broadband Internet access service; prohibitions; exceptions; rules (Net Neutrality)
Category: Competition and regulation
Topic: Net Neutrality
Prohibits a public entity from contracting for service with a broadband service provider if the provider engages in activities including paid prioritization, blocking of lawful content, impairing or degrading lawful content in order to favor certain content or applications, or unreasonably interfering with or disadvantaging the end user’s ability to use the service or access content or applications.
State Code
(2)For the purposes of this section, a public body contracts with a broadband Internet access service provider if the public body procures, or provides funding for the procurement of, broadband Internet access service, including fixed broadband Internet access service or mobile broadband Internet access service, from the broadband Internet access service provider.
(3)A public body may not contract with a broadband Internet access service provider that, at any time on or after January 1, 2019:
(a)Engages in paid prioritization;
(b)Blocks lawful content, applications or services or nonharmful devices;
(c)Impairs or degrades lawful Internet traffic for the purpose of discriminating against or favoring certain Internet content, applications or services or the use of nonharmful devices;
(d)Unreasonably interferes with or unreasonably disadvantages an end user’s ability to select, access and use the broadband Internet access service or lawful Internet content, applications or services or devices of the end user’s choice; or
(e)Unreasonably interferes with or unreasonably disadvantages an edge provider’s ability to make devices or lawful content, applications or services available to end users.
Oregon
2018
Or. Rev. Stat. 276A.418
Public contracts for broadband Internet access service; prohibitions; exceptions; rules (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines “broadband internet access service” as mass market internet access service used to transmit or receive data between customer premise equipment (including mobile devices) and internet endpoints.
State Code
(a)(A) “Broadband Internet access service” means: (i) A mass-market retail Internet access service provided by wire or radio that enables a person to transmit data to or receive data between the person’s customer premises equipment, including mobile devices, and all, or substantially all, Internet endpoints; (ii) Any service that the Public Utility Commission finds is providing a service that is the functional equivalent of the service described in sub-subparagraph (i) of this subparagraph; or (iii) Any service that is incidental to or that enables the operation of the service described in sub-subparagraph (i) of this subparagraph. (B) “Broadband Internet access service” does not include dial-up Internet access service.
Oregon
2018
Or. Rev. Stat. 276A.421
Provision of broadband services that compete with services of private telecommunications provider; circumstances of competition; broadband services advisory committee; rules (Task Force)
Category: Broadband programs
Topic: Task Force
Requires the state chief information officer (CIO) to appoint an advisory committee 60 days before the rulemaking to assist in its administration. Defines the composition of the advisory committee.
State Code
(3) The State Chief Information Officer shall appoint an advisory committee no later than 60 days prior to rulemaking under this section to assist the State Chief Information Officer in the administration of this section.(4) The advisory committee must include one representative from each of the following: (a) A telecommunications provider in this state. (b) A rural telecommunications consortium in this state. (c) The Association of Oregon Counties. (d) The League of Oregon Cities. (e) A public school or education service district. (f) A public university listed in ORS 352.002. (g) The State Interoperability Executive Council established under ORS 403.450. (h) The Oregon Broadband Advisory Council established under ORS 285A.154. (i) The public with an interest in broadband service availability. (j) A nonprofit entity with an interest in broadband service availability. (k) Any other public, private or nonprofit entity that the State Chief Information Officer determines is necessary to assist the advisory committee in performing its duties under this section.
Oregon
2018
Or. Rev. Stat. 276A.421
Provision of broadband services that compete with services of private telecommunications provider; circumstances of competition; broadband services advisory committee; rules (Service Provision - Other)
Category: Competition and regulation
Topic: Service Provision - Other
Directs the office of the state chief information officer (CIO) to adopt rules related to its provision of broadband services to address competition with private telecommunications providers. Requires that the rules address the services that the office plans to provide, how the services will be maintained and upgraded, how telecommunications providers can demonstrate their ability to provide service, and define situations under which the CIO’s office may not provide service.
State Code
(1)(a) If the State Chief Information Officer determines that the broadband services and operations proposed to be provided by the State Chief Information Officer under ORS 276A.406 (2)(b) would directly compete with services already offered by a telecommunications provider, the State Chief Information Officer may only provide those services pursuant to the rules described in subsection (2) of this section.
(b) For the purposes of this section, broadband services are considered to be already offered by a telecommunications provider if the provider can demonstrate its ability to provide the broadband services in the geographic area to be served within a reasonable time and for a reasonable cost.
(2) The State Chief Information Officer shall adopt rules governing how it provides the broadband services and operations under subsection (1)(a) of this section.
Oregon
2019
Or. Rev. Stat. 276A.424
Connecting Oregon Schools Fund; rules
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Creates the Connecting Oregon Schools Fund to provide matching funds to educational facilities to supplement federal broadband programs.
State Code
(1) The Connecting Oregon Schools Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Connecting Oregon Schools Fund shall be credited to the fund.
(2) The Connecting Oregon Schools Fund consists of any moneys deposited in the fund from whatever source and may include moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise and interest earned on moneys in the fund.
(3) The moneys in the fund are continuously appropriated to the Department of Education for the purpose of providing matching funds for federal moneys received by school districts, education service districts, public charter schools or a consortium that is any combination of school districts, education service districts and public charter schools for the purpose of providing broadband access to eligible education facilities in this state.
Oregon
2009
Or. Rev. Stat. 285A.070
Oregon Business Development Department; organization; director; confirmation; duties and powers; rules
Category: Broadband programs
Topic: Task Force
Establishes the Oregon Broadband Advisory Council Fund to support the activities of the Oregon Broadband Advisory Council. Allows council to accept federal and private money for the fund.
State Code
Sec. 3. (1) The Oregon Broadband Advisory Council Fund is established, separate and distinct from the General Fund. Interest earned by the Oregon Broadband Advisory Council Fund shall be credited to the fund. Moneys in the Oregon Broadband Advisory Council Fund are continuously appropriated to the Oregon Business Development Department for the purposes of carrying out the duties of the Oregon Broadband Advisory Council.
(2) The department, on behalf of the council, may accept contributions of funds and assistance from the United States Government or agencies of the United States Government or from any other source, public or private, and agree to conditions not inconsistent with the purposes of the council. All such funds are to aid in financing the functions of the council and must be deposited in the Oregon Broadband Advisory Council Fund to the credit of separate accounts for the council to disburse for the purposes for which the funds were contributed.
Oregon
2019
Or. Rev. Stat. 285A.154-160
Oregon Broadband Advisory Council; members; compensation and expenses; powers and duties
Category: Broadband programs
Topic: Task Force
Establishes the Oregon Broadband Advisory Council and specifies the composition of its membership. Assigns the Oregon Business Development Department responsibility for staffing the council. Addresses responsibilities of the council, including encouraging organizations and sectors to cooperate, convening state agencies to facilitate broadband deployment, promoting the development of digital education and inclusion programs, and fostering public-private partnerships to deploy infrastructure.
State Code
(1) The Oregon Broadband Advisory Council is established within the Oregon Business Development Department. The council consists of 16 members, of whom: (a) The Governor shall appoint 14 members as follows: (A) One member to represent the counties of this state. (B) One member to represent the cities of this state. (C) Three members to represent telecommunications service providers and Internet service providers in this state. At least one member must represent a service provider headquartered in rural Oregon. (D) One member to represent Oregon tribes. (E) One member to represent education. (F) One member to represent economic development. (G) One member to represent public safety. (H) One member to represent health. (I) One member to represent the State Chief Information Officer. (J) One member from the Public Utility Commission. (K) One member to represent the Department of Transportation. (L) One member to represent consumers and the public at large. (b) The Speaker of the House of Representatives shall appoint one nonvoting member who is a member of the House of Representatives. (c) The President of the Senate shall appoint one nonvoting member who is a member of the Senate.
Oregon
no date
Or. Rev. Stat. 285A.166
Oregon Broadband Office; duties (Mapping)
Category: Broadband programs
Topic: Mapping
Requires the Oregon Broadband Office to develop and maintain a map of broadband availability.
State Code
(1) The Oregon Broadband Office is created within the Oregon Business Development Department. (2) The Oregon Broadband Office shall: _�_ (L) Develop, maintain and provide public access to: (A) A statewide broadband map as a platform for data collection to track the availability of broadband services and to measure progress; and (B) Other information relating to broadband.
Oregon
no date
Or. Rev. Stat. 285A.166
Oregon Broadband Office; duties (Office)
Category: Broadband programs
Topic: Office
Creates the Oregon Broadband Office within the Oregon Business Development Department and describes the duties of the office.
State Code
(1) The Oregon Broadband Office is created within the Oregon Business Development Department. (2) The Oregon Broadband Office shall: (a) Advocate for the adoption of public policies that close the continuing digital divide by removing barriers to and supporting broadband infrastructure deployment; (b) Develop broadband investment and deployment strategies for unserved and underserved areas; (c) Promote private sector, public sector and cooperative broadband solutions; (d) Support and promote local and regional broadband planning; (e) Promote technology and service provider neutrality by focusing on desired outcomes rather than specific technological solutions; (f) Pursue and leverage federal sources of broadband funding to achieve state goals related to broadband; (g) Manage and award funds allocated to the Oregon Business Development Department for use by the office for broadband projects; (h) Engage with a stakeholders representing a wide variety of interests, including but not limited to elected officials, government officials, healthcare providers, educators, business and agricultural community leaders and other community leaders and broadband service providers, to facilitate communications and collect information necessary to help make a business case for broadband investments; (i) Promote digital literacy, equity and inclusion; (j) Generate public awareness of the value of broadband technologies and applications; (k) Promote adoption and utilization of broadband technologies and applications; (L) Develop, maintain and provide public access to: (A) A statewide broadband map as a platform for data collection to track the availability of broadband services and to measure progress; and (B) Other information relating to broadband; (m) Convene relevant state and federal agencies and advise the Governor, state agency leadership and the Oregon Congressional Delegation on actions to leverage state government activities to pursue state goals related to broadband; and (n) Support and coordinate efforts with the Oregon Broadband Advisory Council.
Oregon
no date
Or. Rev. Stat. 315.507
Electronic commerce in designated enterprise zone
Category: Funding and financing
Topic: Tax Incentives
Creates a tax credit for e-commerce companies that invest in enterprise zones, including investments in broadband infrastructure.
State Code
(1) A credit against the taxes that are otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, shall be allowed to a taxpayer that is: (a) A business firm engaged or preparing to engage in electronic commerce in an enterprise zone that has been designated for electronic commerce under ORS 285C.095; or (b) A business firm engaged or preparing to engage in electronic commerce in a city that has been designated for electronic commerce under ORS 285C.100. (2) The credit shall equal 25 percent of the investments made by the business firm in capital assets: (a) Located in the area designated for electronic commerce; (b) Used or constructed, installed or otherwise prepared for use in electronic commerce operations within the area designated for electronic commerce that are related to electronic commerce sales, customer service, order fulfillment, broadband infrastructure or other electronic commerce operations;
Oregon
2003
Or. Rev. Stat. 759.016
Legislative findings on broadband services (Goal)
Category: Broadband programs
Topic: Goal
Declares legislative intent to promote broadband access for all Oregonians by expanding services, creating incentives for the private sector, undertaking planning at all levels of government, removing regulatory barriers, and removing barriers to public-private partnerships.
State Code
The Legislative Assembly finds and declares: (1) That it is the goal of this state to promote access to broadband services for all Oregonians in order to improve the economy in Oregon, improve the quality of life in Oregon communities and reduce the economic gap between Oregon communities that have access to broadband digital applications and services and those that do not, for both present and future generations; and (2) That the goal set forth in subsection (1) of this section may be achieved by: (a) Expanding broadband and other telecommunications services; (b) Creating incentives to establish and expand broadband and other telecommunications services; (c) Undertaking telecommunications planning at the local, regional and state levels that includes participants from both the public and the private sectors; (d) Removing barriers to the full deployment of broadband digital applications and services and providing incentives for the removal of those barriers; and (e) Removing barriers to public-private partnerships in areas where the private sector cannot justify investments.
Oregon
2003
Or. Rev. Stat. 759.016
Legislative findings on broadband services (Goal)
Category: Broadband programs
Topic: Goal
Declares legislative intent to promote broadband access for all Oregonians by expanding services, creating incentives for the private sector, undertaking planning at all levels of government, removing regulatory barriers, and removing barriers to public-private partnerships.
State Code
The Legislative Assembly finds and declares: (1) That it is the goal of this state to promote access to broadband services for all Oregonians in order to improve the economy in Oregon, improve the quality of life in Oregon communities and reduce the economic gap between Oregon communities that have access to broadband digital applications and services and those that do not, for both present and future generations; and (2) That the goal set forth in subsection (1) of this section may be achieved by: (a) Expanding broadband and other telecommunications services; (b) Creating incentives to establish and expand broadband and other telecommunications services; (c) Undertaking telecommunications planning at the local, regional and state levels that includes participants from both the public and the private sectors; (d) Removing barriers to the full deployment of broadband digital applications and services and providing incentives for the removal of those barriers; and (e) Removing barriers to public-private partnerships in areas where the private sector cannot justify investments.
Oregon
2003
Or. Rev. Stat. 759.016
Legislative findings on broadband services (Legislative Intent)
Category: Other
Topic: Legislative Intent
Declares legislative intent to promote broadband access for all Oregonians by expanding services, creating incentives for the private sector, undertaking planning at all levels of government, removing regulatory barriers, and removing barriers to public-private partnerships.
State Code
The Legislative Assembly finds and declares: (1) That it is the goal of this state to promote access to broadband services for all Oregonians in order to improve the economy in Oregon, improve the quality of life in Oregon communities and reduce the economic gap between Oregon communities that have access to broadband digital applications and services and those that do not, for both present and future generations; and (2) That the goal set forth in subsection (1) of this section may be achieved by: (a) Expanding broadband and other telecommunications services; (b) Creating incentives to establish and expand broadband and other telecommunications services; (c) Undertaking telecommunications planning at the local, regional and state levels that includes participants from both the public and the private sectors; (d) Removing barriers to the full deployment of broadband digital applications and services and providing incentives for the removal of those barriers; and (e) Removing barriers to public-private partnerships in areas where the private sector cannot justify investments.
Oregon
2020
Or. Rev. Stat. 759.425
Universal service fund (State Universal Service Fund)
Category: Funding and financing
Topic: State Universal Service Fund
Orders the Public Utility Commission to transfer the lesser value of either $5 million or the unspent balance in the Universal Service Fund to the Broadband Fund administered by the Oregon Business Development Department.
State Code
(1)(a) The Public Utility Commission shall establish and implement a competitively neutral and nondiscriminatory universal service fund. The commission shall: ...(B) Transfer from the universal service fund to the Oregon Business Development Department for deposit in the Broadband Fund established under section 4 of this 2020 special session Act an amount per year that is equal to the lesser of:
(i) $5 million; or
(ii) The remainder of moneys deposited in the universal service fund that are unobligated
after making the designation required in paragraph (b) of this subsection.
Oregon
no date
Or. Rev. Stat. 759.425
Universal service fund; commission to establish price for basic telephone service; universal service surcharge; application to cellular services; rules (State Universal Service Fund)
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Allows the Public Utility Commission to use the Universal Service Fund to support broadband expansion
State Code
(b) In addition to using the universal service fund to ensure basic telephone service, the Public Utility Commission may use the universal service fund to encourage broadband service availability and to provide support to telecommunications carriers that provide both basic telephone service and broadband service.
Oregon
2020
Or. SB 1603
(Definition - Underserved)
Category: Definitions
Topic: Definition - Underserved
Defines “underserved area” based on the most recent broadband deployment data published by the FCC, other federal agencies, or the state, as an area within one or more census blocks that has no provider offering broadband service with download speeds of at least 25 megabits per second (Mbps) and upload speeds of 3 Mbps.
State Code
(a) “Underserved area” means, based on the most recent broadband deployment data published by the Federal Communications Commission, other federal agencies or the State of Oregon, a geographic area within one or more census blocks, within which there is no service provider offering residential wireline or wireless broadband service at a speed of at least 25 megabits per second for downloads and three megabits per second for uploads.
Oregon
2020
Or. SB 1603
(Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines “unserved area,” based on the most recent broadband deployment data published by the FCC, other federal agencies, or the state, as an area within one or more census blocks that has no provider offering broadband service with download speeds of at least 10 megabits per second (Mbps) and uploads of 1 Mbps.
State Code
(b) “Unserved area” means, based on the most recent broadband deployment data published by the Federal Communications Commission, other federal agencies or the State of Oregon, a geographic area within one or more census blocks, within which there is no service provider offering residential wireline or wireless broadband service at a speed of at least 10 megabits per second for downloads and one megabit per second for uploads.
Oregon
2020
Or. SB 1603
(Fund - Broadband)
Category: Funding and financing
Topic: Fund - Broadband
Establishes the Broadband Fund for providing grants or loans through or for administering the Oregon Broadband Office.
State Code
The Broadband Fund is established, separate and distinct from the General Fund. Interest earned by the Broadband Fund shall be credited to the fund. Moneys in the Broadband Fund are continuously appropriated to the Oregon Business Development De- partment to be used only for providing grants or loans through, or for administering, the Oregon Broadband Office and the program established by rule under section 5 of this 2020 special session Act. The fund shall consist of moneys deposited in the fund pursuant to ORS 759.425.
Oregon
2020
Or. SB 1603
(Fund - Broadband)
Category: Funding and financing
Topic: Fund - Broadband
Tasks the Oregon Business Development Department with establishing a loan or grant program to aid projects for broadband and digital literacy, adoption, or inclusion.
State Code
(2)(a) The Oregon Business Development Department shall establish by rule a program for providing grants or loans to assist eligible applicants with projects for:
(A) The planning and development of broadband service infrastructure;
(B) Digital literacy including cybersecurity;
(C) Digital inclusion; and
(D) Digital adoption.
(b) In establishing the program required by this section, the department shall take into
consideration all federal funding opportunities for the planning and development of broadband service infrastructure and shall endeavor to administer the program in a manner that serves to maximize the total available state and federal support for broadband develop- ment and related planning.
(3) Rules adopted under this section shall include but need not be limited to rules estab- lishing:
(a) Criteria for applications and for establishing the eligibility of applicants and proposed projects for a grant or loan under the program;
(b) A process for:
(A) Identifying broadband service providers that provide service within or near the ge- ographic area that would be benefited by a project proposed by an eligible applicant; and
(B) Notifying the identified broadband service providers of the pending application;
(c) Standards for the department to evaluate applications from eligible applicants;
(d) Criteria and procedures for broadband service providers to engage in a competitive
bidding process for contracts to complete projects pursuant to a grant or loan awarded under the program; (e) Reporting requirements by grant or loan award recipients on the broadband service infrastructure developed or planned for using grant or loan moneys and the locations served or that will be served by the broadband service infrastructure;
(f) A public process for interested persons to submit comments on pending applications; (g) A process for appealing grant or loan decisions by the department; and
(h) Procedures to ensure that any records or data submitted to the department pursuant
to administration of the program that relate to broadband, voice connections or sub- scriptions and that are confidential, privileged or otherwise protected from disclosure are not disclosed, except as permitted by state and federal law.
(4) In making broadband service infrastructure grant or loan award decisions under the program, the department shall apply the following preferences:
(a) Regarding the geographic area that a proposed project will serve, the department shall:
(A) Give first preference to proposed projects that will serve unserved areas; and
(B) Give second preference to proposed projects that will serve underserved areas.
(b) Regarding the customers that a proposed project will serve, the department shall: (A) Give first preference to proposed projects that are eligible to receive funds from the
Connecting Oregon Schools Fund established under ORS 276A.424;
(B) Give second preference to proposed projects that will provide broadband service ac-
cess to public libraries; and
(C) Give third preference to proposed projects that will provide broadband service access
to residential customers.
(5) The department shall, as part of the program, establish procedures for distributing
grant or loan funds awarded for the purpose of providing broadband access to schools. Pro- cedures established under this subsection shall include procedures for transferring not more than 20 percent of the moneys deposited in the Broadband Fund established under section 4 of this 2020 special session Act each biennium from the Broadband Fund to the Connecting Oregon Schools Fund established under ORS 276A.424.
(6) The department may not award a grant or loan under the program for a proposed project to:
(a) Develop broadband service infrastructure to serve residential locations that, at the time the application for the proposed project is received by the department, have access to terrestrial wireline or wireless broadband service at a speed of at least 25 megabits per sec- ond for downloads and three megabits per second for uploads; or
(b) Develop broadband service infrastructure that will serve two or fewer residential lo- cations.
(7)(a) If the department awards a grant or loan for a proposed project to develop broadband service infrastructure that will serve nonresidential locations that, at the time the application for the proposed project was received by the department, were served by terrestrial wireline or wireless broadband service at a speed of at least 25 megabits per sec- ond for downloads and three megabits per second for uploads, the broadband service provid- ers identified pursuant to rules adopted under subsection (3)(b) of this section shall be afforded a right of first refusal to contract for the development of broadband service infrastructure as part of the project. If a broadband service provider exercises the right of first refusal, the provider shall be awarded the contract to develop broadband service infrastructure as part of the project, subject to the requirement that the provider must offer access to the completed broadband service infrastructure:
(A) Beginning no later than one year after the date that the department awards the grant or loan to develop the proposed project;
(B) At demonstrated download and upload speeds equal to or faster than the speeds in- dicated in the application for the proposed project; and (C) At a cost that is equal to or less than the cost indicated in the application for the proposed project. (1) Not later than September 15 of each year, the Oregon Business Devel- opment Department shall report, in the manner provided in ORS 192.245, to an interim committee of the Legislative Assembly related to telecommunications on the status of the Broadband Fund established under section 4 of this 2020 special session Act. The report re- quired by this section shall include a description of:
(a) All loans and grants provided through the program adopted under section 5 of this 2020 special session Act; and
(b) The status of the projects funded by the loans and grants.
(2) In addition to the information required in the report under subsection (1) of this section, the report submitted on or before September 15, 2024, by the department pursuant to this section shall include an evaluation of the continuing need for the Broadband Fund, including but not limited to recommendations regarding the repeal, by section 9 of this 2020 special session Act, of the Broadband Fund and the program adopted under section 5 of this 2020 special session Act.
(b) This subsection does not apply to a grant or loan award for a proposed project de- scribed in subsection (4)(b) of this section.
Pennsylvania
2017
4 Penn. C.S. 13A63 (b) (2) (iii) (C)
Distributions to counties
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Creates mechanism for distributing casino funds to local governments to create community colleges. Specifies that if a county government does not establish a community college by Jan. 1, 2014, the funds may be used for other purposes, including broadband deployment.
State Code
(C) If a community college is not established in the county following the effective date of this subparagraph and prior to January 1, 2014, beginning January 1, 2014, 100% of the licensed facility's local share assessment shall be distributed to the county redevelopment authority to be deposited into the restricted receipts account established under clause (A), and all funds in the restricted receipts account shall be used by the county redevelopment authority for a revolving loan program available to municipalities within the county for infrastructure projects, including, but not limited to, water, sewer, storm water management, flood control, roads, broadband Internet access, site remediation and public utility infrastructure in areas other than a public utility's own facilities.
Pennsylvania
2004
66 Penn. C.S. 3011
Declaration of policy
Category: Other
Topic: Legislative Intent
Declares legislative intent to maintain universal broadband service, ensure customers pay reasonable rates, maintain competition, ensure efficient delivery of technological advances and telecommunications products/services, and promote the equal provision of services to all parts of the state.
State Code
The General Assembly finds and declares that it is the policy of this Commonwealth to: (1) Strike a balance between mandated deployment and market-driven deployment of broadband facilities and advanced services throughout this Commonwealth and to continue alternative regulation of local exchange telecommunications companies. (2) Maintain universal telecommunications service at affordable rates while encouraging the accelerated provision of advanced services and deployment of a universally available, state-of-the-art, interactive broadband telecommunications network in rural, suburban and urban areas, including deployment of broadband facilities in or adjacent to public rights-of-way abutting public schools, including the administrative offices supporting public schools, industrial parks and health care facilities.
Pennsylvania
2004
66 Penn. C.S. 3012
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband as at least 1.544 megabits per second for downloads and 128 kilobits per second for uploads.
State Code
"Broadband." A communication channel using any technology and having a bandwidth equal to or greater than 1.544 megabits per second (Mbps) in the downstream direction and equal to or greater than 128 kilobits per second (Kbps) in the upstream direction.
Pennsylvania
no date
66 Penn. C.S. 3014
Network modernization plans
Category: Competition and regulation
Topic: Service Provision - Other
Requires telecommunications providers to set broadband access targets in updated network modernization plans. Creates a process whereby individuals, businesses, or other entities can request broadband service from a local exchange carrier. Requires local exchange carriers to participate in the Department of Economic and Community Development’s business attraction and retention program.
State Code
A local exchange telecommunications company that does not elect an option under subsection (b) shall remain subject to its network modernization plan in effect as of December 31, 2003, without revision or modification except by agreement under section 3013(b) (relating to continuation of commission-approved alternative regulation and network modernization plans) and as provided in this section through December 31, 2015.(b) Options for amendment of network modernization plan.--Local exchange telecommunications companies shall have the following options:
(1) (i) A rural telecommunications carrier that elects to amend its network modernization plan pursuant to this subsection shall remain subject to the carrier's network modernization plan in effect as of December 31, 2003, as amended pursuant to this subsection, through December 31, 2008. Prior to implementation of such election, the rural telecommunications carrier shall comply with the notification requirements of subsection (e). (ii) The rural telecommunications carrier shall commit to accelerate 100% broadband availability by December 31, 2008, in its amended network modernization plan. Any rural telecommunications carrier electing this option shall not be required to offer a bona fide retail request program or a business attraction or retention program.
Pennsylvania
2004
66 Penn. C.S. 3014 (h)
Prohibition against political subdivision advanced and broadband services deployment
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits a local jurisdiction from providing broadband within the service area of an incumbent provider unless the provider does not agree to provide the requested speeds.
State Code
(1) Except as otherwise provided for under paragraph (2), a political subdivision or any entity established by a political subdivision may not provide to the public for compensation any telecommunications services, including advanced and broadband services, within the service territory of a local exchange telecommunications company operating under a network modernization plan. (2) A political subdivision may offer advanced or broadband services if the political subdivision has submitted a written request for the deployment of such service to the local exchange telecommunications company serving the area and, within two months of receipt of the request, the local exchange telecommunications company or one of its affiliates has not agreed to provide the data speeds requested. If the local exchange telecommunications company or one of its affiliates agrees to provide the data speeds requested, then it must do so within 14 months of receipt of the request.
Pennsylvania
2004
66 Penn. C.S. 3014 (m)
Inventory of available services
Category: Broadband programs
Topic: Mapping
Requires the Department of Economic and Community Development to compile data on broadband availability.
State Code
(1) The department shall compile, periodically update and publish, including at its Internet website, a listing of advanced and broadband services, by general location, available from all advanced and broadband service providers operating in this Commonwealth irrespective of the technology used. (2) All providers of advanced and broadband services shall cooperate with the department. (3) The department may not disclose maps or other information describing the specific location of any telecommunications carrier's or alternative service provider's
Pennsylvania
2004
66 Penn. C.S. 3015
Alternative forms of regulation
Category: Competition and regulation
Topic: Service Provision - Other
Sets inflation offset within the telecommunications price stability mechanism based on providers’ commitments to deploy broadband.
State Code
(1) Except as otherwise provided in paragraphs (2) and (3), a local exchange telecommunications company with an alternative form of regulation containing a price stability mechanism that files an amended network modernization plan under section 3014(b)(1), (2) or (3) (relating to network modernization plans) shall be subject to a modified inflation offset in its price stability mechanism in adjusting its rates for noncompetitive services, effective upon the filing of an amended network modernization plan under section 3014(e), as follows:
(i) If a nonrural telecommunications carrier files an amended network modernization plan under section 3014(b)(3) that commits to deploy 100% broadband availability by December 31, 2013, then the carrier's inflation offset shall be zero.
Pennsylvania
2004
66 Penn. C.S. 3015 (c)
Broadband Outreach and Aggregation Fund
Category: Funding and financing
Topic: Fund - Broadband
Establishes the Broadband Outreach and Aggregation Fund, which is funded by charging local exchange carriers 20 percent of the increased revenue whenever they raise rates, until they achieve 100 percent broadband availability in their service areas. The fund is to be used in the Broadband Outreach and Aggregation program.
State Code
(1) There is hereby established within the State Treasury a special fund to be known as the Broadband Outreach and Aggregation Fund for the purposes enumerated in section 3014(i).
Pennsylvania
2004
66 Penn. C.S. 3019
Powers and duties retained
Category: Competition and regulation
Topic: Regulatory Authority
Gives the Public Utilities Commission power to approve sales, mergers, and acquisitions of local exchange carriers to ensure that there is no reduction in broadband service.
State Code
The commission shall retain the following powers and duties relating to the regulation of all telecommunications carriers and interexchange telecommunications carriers, including the power to seek information necessary to facilitate the exercise of these powers and duties: (4) To condition the sale, merger, acquisition or other transaction required to be approved under section 1102(a)(3) (relating to enumeration of acts requiring certificate) of a local exchange telecommunications company or any facilities used to provide telecommunications services to ensure that there is no reduction in the advanced service or broadband deployment obligations for the affected property or facilities.
Pennsylvania
2020
Penn. 2020 Act 132
Unserved High-speed Broadband Funding Program Act (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines high-speed broadband service as wireless, wireline, or fixed wireless technology that is able to transmit data with speeds of at least 25 Mbps dowstream and 3 Mbps upstream or the minimum speeds adopted by the FCC, whichever speed is faster.
State Code
"High-speed broadband service." Wireless, wireline or fixed wireless technology having the capacity to transmit data from or to the Internet at:
(1) minimum speeds of at least 25 megabits per second downstream and three megabits per second upstream; or
(2) minimum speeds adopted by the Federal Communications Commission, whichever is greater.
Pennsylvania
2020
Penn. 2020 Act 132
Unserved High-speed Broadband Funding Program Act (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines an unserved area as an area without access to broadband services with download speeds of at least 25 Mbps and upload speeds of at least 3 Mbps.
State Code
"Unserved area." A project area without access to wireline or fixed wireless broadband service with minimum speeds of at least 25 megabits per second downstream and 3 megabits per second upstream.
Pennsylvania
2020
Penn. 2020 Act 132
Unserved High-speed Broadband Funding Program Act (Fund - Broadband)
Category: Funding and financing
Topic: Fund - Broadband
Establishes the Unserved High-speed Broadband Funding Program under the Commonwealth Financing Authority to fund high-speed broadband infrastructure in unserved areas of Pennsylvania.
State Code
The General Assembly finds and declares as follows:
(1) The purpose of this act is to facilitate the deployment of high-speed broadband service infrastructure in unserved areas of this Commonwealth.
(2) The economic and business incentives to deploy high-speed broadband service infrastructure may be insufficient to ensure full access to high-speed broadband services in low-density, rural locations and other areas of this Commonwealth where the unit costs of providing service may not provide an adequate return on investment for private companies.
(3) Access to high-speed broadband services in unserved areas of this Commonwealth will enhance economic development, education, health care and emergency services in this Commonwealth.
(4) Establishing a grant program to facilitate the deployment of high-speed broadband services infrastructure in unserved areas will further these objectives through new private sector investments and is in the policy interest of this Commonwealth...The Unserved High-Speed Broadband Funding Program is established. The authority shall administer and act as the fiscal agent for the program and shall be responsible for receiving and reviewing all grant applications and awarding grants.
Pennsylvania
2019
Penn. SR 47
Establishing a legislative task force on the delivery of high-speed broadband services and directing the Joint State Government Commission to establish an advisory committee to conduct a study on the delivery of high-speed broadband services in unserved areas and underserved areas of this Commonwealth and to report its findings and recommendations to the Senate
Category: Broadband programs
Topic: Task Force
Creates a task force on the delivery of broadband and tasks the Joint State Government Commission with aiding the task force and conducting a study on the delivery of high-speed internet to unserved and underserved areas in the state.
State Code
RESOLVED, That the Senate establish a legislative task force on the delivery of high-speed broadband services; and be it further RESOLVED, That the task force be comprised of the chairperson and minority chairperson of the Communications and Technology Committee of the Senate or a designee of the chairperson or minority chairperson; and be it further RESOLVED, That the Senate direct the Joint State Government Commission to assist the task force and conduct a study on the delivery of high-speed broadband services in unserved areas and underserved areas of this Commonwealth
Pennsylvania
2019
Penn. SR 48
Directing the Legislative Budget and Finance Committee to conduct an audit on the compliance of telecommunication carriers with the Public Utility Code and high-speed broadband universal service deployment mandates and to report their findings and recommendations to the Senate
Category: Competition and regulation
Topic: Regulatory Authority
Directs the Legislative Budget and Finance Committee to conduct an audit of telecommunication carriers’ compliance with broadband universal service deployment mandates under the Public Utility Code.
State Code
RESOLVED, That the Senate direct the Legislative Budget and Finance Committee to conduct an audit on the compliance of telecommunication carriers with high-speed broadband universal service deployment mandates under the Public Utility Code; and be it further RESOLVED, That the Legislative Budget and Finance Committee:(1) determine whether telecommunications carriers have fulfilled their commitments under the Public Utility Code to accelerate broadband availability to 100% of their total retail access lines in their distribution networks by December 31, 2015;(2) analyze efforts by the PUC and the Department of Community and Economic Development regarding compliance and administration of BFRR programs under 66 Pa.C.S. § 3014(c);(3) examine joint venture arrangements under approved NMPs for compliance with 66 Pa.C.S. Ch. 30 and analyze the impact of joint venture arrangements on the quality and affordability of service provided; and(4) examine actions taken by the PUC under 66 Pa.C.S. § 30l5(a)(2) and 66 Pa.C.S. Ch. 33 in relation to violations of 66 Pa.C.S. § 3014(b)(3)(ii)(B), (c) or (k) or 3016(c) or (f);and be it further RESOLVED, That the Legislative Budget and Finance Committee issue a report of its findings and recommendations to the Senate within one year of the date of adoption of this resolution
Rhode Island
2018
R.I. Executive Order 18-02
Internet Neutrality and State Procurement
Category: Competition and regulation
Topic: Net Neutrality
Requires that all state contracts for fixed or mobile internet access are with internet service providers who follow the principles of net neutrality.
State Code
WHEREAS, the free and open internet is an essential service that should be available to all Rhode Islanders; and WHEREAS, Rhode Islanders rely on the free exchange of information on the internet including the ability to access the content of their choosing, including content provided by state government; and WHEREAS, Rhode Island state employees use the internet every day to serve our citizens and to conduct state business, and the loss of net neutrality could fundamentally impact their ability to do so; and WHEREAS, many important and often critical government services are offered online to facilitate easy and efficient access by Rhode Islanders and throttling or paid prioritization of internet services could limit Rhode Islanders' ready access to these services and inhibit citizens, particularly those in need, from accessing important government services�NOW, THEREFORE, I, Gina M. Raimondo, by virtue of the authority vested in me as Governor of the State of Rhode Island and Providence Plantations, do hereby issue the following directive to all State Agencies, as follows: 1. The Division of Purchases within the Department of Administration (DOA), and all other contracting units or officials of any State Agency, shall require that all future contracts for fixed or mobile broadband internet access services be awarded only to service providers that adhere to "net neutrality principles."
Rhode Island
no date
R.I. Gen. Laws 39-1-61
Rhode Island telecommunications education access fund
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Creates the Rhode Island Telecommunications Education Access Fund, which is funded by a $0.26 surcharge on telecommunications bills and supports broadband connectivity for schools and libraries, supplementing the E-rate program.
State Code
The division, with input from the department, shall administer the telecommunications education access fund consistent with the requirements of the Universal Service (E-Rate) program. The division of taxation shall collect from the telecommunications service providers the amounts of the surcharge collected from their subscribers. The department, with the approval of the division, shall publish requests for proposals that do not favor any particular technology, evaluate competitive bids, and select products and services that best serve the internet access needs of schools and libraries. In doing so, the department shall endeavor to obtain all available E-Rate matching funds. The department is further authorized and encouraged to seek matching funds from all local, state, and federal public or private entities. The department shall approve disbursement of funds under this section in accordance with the division's directives. Unsuccessful bids may be appealed to the division. The division shall annually review the department's disbursements from this account to ensure that the department's decisions do not favor any competitor.
Rhode Island
2009
R.I. Gen. Laws 39-28-1
Findings
Category: Other
Topic: Legislative Intent
Explains that the Legislature intends to exempt broadband providers from some of the regulations governing traditional telephone service as a means of encouraging deployment.
State Code
The Rhode Island general assembly finds that growth and enhancement of services using Internet protocol technology provide Rhode Island consumers more choice in voice, data and video services than at any other time. The proliferation of new technologies and applications and the growing number of providers developing and offering innovative services using Internet protocol are due in large part to little barrier to investment, including freedom from state laws and regulations governing traditional telephone service, that these technologies have enjoyed in Rhode Island, as well as recognition that federal law is more uniform in its oversight of Internet protocol-enabled services. The economic benefits, including consumer choice, new jobs and significant capital investment, will be jeopardized and competition minimized by the imposition of traditional state entry, rate and service term regulation on voice-over-Internet protocol service and Internet protocol-enabled service.
Rhode Island
2009
R.I. Gen. Laws 39-28-3
Regulation
Category: Competition and regulation
Topic: Regulatory Authority
Prohibits any state agency from regulating internet access services, except as it relates to nondiscriminatory enhanced 911 fees, telecommunications relay service fees, or the telecommunications education access fund surcharge.
State Code
Notwithstanding any general or public law, to the contrary and with the exception of the provisions of subsection 39-28-4, no department, agency, commission or political subdivision of Rhode Island shall enact, adopt or enforce, either directly or indirectly, any law, rule, regulation, ordinance, standard, order or other provision having the force or effect of law that regulates, or has the effect of regulating, the entry, rates, terms or conditions of VoIP Service or IP-enabled service.
Rhode Island
2017
R.I. Gen. Laws 39-32-1 to 39-32-6
Regulation of small wireless facilities
Category: Infrastructure access
Topic: Small cell facilities
Allows licensed service providers to use public right of way to deploy small cell. Prohibits local governments from regulating or prohibiting small cell facilities. Allows local governments to require permits and charge application fees for small cell facilities co-located on government-owned poles, provided that the requirements are the same as for nonwireless providers. Requires local governments to give reasons for denying a permit to co-locate small cell facilities on publicly owned poles and mandates that they give applicants 30 days to address deficiencies in an application. Requires local governments to create nondiscriminatory terms, fees, and conditions for co-locating small cell facilities on publicly owned poles. Prohibits local governments from prohibiting, regulating, or charging for the co-location of small cell facilities on privately owned poles.
State Code
(a) A wireless service provider authorized to do business in this state or a contractor acting on its behalf may collocate small wireless facilities within, along, across, upon, and under any public right-of-way in this state, including state highways and freeways, and may construct conduit, cables, and facilities between such small wireless facility and other equipment or services located on or adjacent to the supporting pole or other structure, subject to the provisions of this chapter.
South Carolina
2020
S.C. Code Ann. 33-49-150
Authority and jurisdiction over electric cooperatives
Category: Broadband programs
Topic: Agency
Grants the Office of Regulatory Staff the authority to audit communications service providers’, electric cooperatives’, and broadband affiliates’ compliance with the provisions of S.C. Code Ann. 58-9-3030 and 58-9-3050.
State Code
(B) The Office of Regulatory Staff is further vested with the authority and jurisdiction to make inspections, audits, and examinations sufficient to ascertain the compliance of communications service providers, electric cooperatives, and broadband affiliates with the provisions of Sections 58-9-3030 and 58-9-3050. For inspections, audits, and examinations executed in accordance with this subsection, the following procedures apply:
(1) Consistent with the powers provided in this subsection, the Office of Regulatory Staff shall make an inspection, audit, and examination upon the issuance of a complaint, submitted to the Office of Regulatory Staff, by a communications service provider, broadband affiliate, or electric cooperative that has reason to believe a violation of Section 58-9-3030 or 58-9-3050 is occurring or has occurred. To the extent that a communications service provider is an attacher only, the Office of Regulatory Staff shall confine their inspection, audit, and examination to the attachers' compliance with attacher obligations pursuant to applicable laws, regulations, and agreements. The Office of Regulatory Staff shall provide notice of the complaint to each communications service provider, broadband affiliate, or electric cooperative named in the complaint. The provisions of Section 58-4-55 including, but not limited to, the treatment of information deemed confidential or proprietary, shall apply to any such inspections, audits, and examinations. Information deemed confidential or proprietary must be made available to other parties or to the complaint only pursuant to the terms and conditions of an appropriate nondisclosure agreement. If the parties cannot agree to such terms and conditions, the commission shall provide the parties an opportunity to be heard and then establish the terms and conditions of an appropriate nondisclosure agreement.
(2) Unless the parties to the complaint agree otherwise, the Office of Regulatory Staff must complete its inspection, audit, and examination within forty-five days of issuance of the complaint initiated by a communications service provider, electric cooperative, or a broadband affiliate. Upon completion of an authorized inspection, audit, and examination, the Office of Regulatory Staff must report its findings to the management and board of the electric cooperative, broadband affiliate or the communications service provider that is the subject of the complaint and to the party that made the complaint. The Office of Regulatory Staff will attempt to resolve with the management and board of the electric cooperative, broadband affiliate, or the management of the communications service provider any compliance issues that are identified. The commission is vested with the authority and jurisdiction, upon the filing of a complaint, to determine any disputed issues arising from the inspection, audit, and examination and any issues arising from or under the provisions of Sections 58-9-3030 and 58-9-3050 that are not resolved pursuant to this subsection. In determining such issues, and only to the extent necessary to resolve such disputed issues, the commission is granted authority and jurisdiction over any and all electric cooperatives, broadband affiliates, and communications service providers that conduct any activities pursuant to Sections 58-9-3030 and 58-9-3050.
(3) The commission must enter a final order deciding a complaint filed with the commission pursuant to item (2) within ninety days of filing.
(4) Except as expressly provided in this subsection, nothing in this subsection expands, diminishes, or otherwise affects any existing jurisdiction of the commission.
South Carolina
2020
S.C. Code Ann. 33-49-250
Powers of cooperative
Category: Competition and regulation
Topic: Cooperatives (Electric)
Allows electric cooperatives to directly or indirectly own, lease, maintain, construct, install, operate, and replace broadband networks.
State Code
In addition to the powers conferred on all private corporations by Section 33-3-102, a cooperative has power: (12) to wholly or partially own, lease, maintain, construct, install, operate, and replace a broadband network directly or indirectly as provided for and subject to the limitations and requirements set forth in Article 25, Chapter 9, Title 58.
South Carolina
2020
S.C. Code Ann. 58-11-800
Short title; legislative findings
Category: Infrastructure access
Topic: Rights-of-way (Other)
Supports the deployment of small wireless facilities in the public right of way.
State Code
(A) This article must be known and may be cited as the "South Carolina Small Wireless Facilities Deployment Act".
(B) The General Assembly finds that:
(1) the deployment of small wireless facilities and other next-generation wireless and broadband network facilities is a matter of statewide concern and interest;
(2) wireless and broadband products and services are a significant and continually growing part of the state's economy; accordingly, encouraging the development of strong and robust wireless and broadband communications networks throughout the State is integral to the state's economic competitiveness;
(3) rapid deployment of small wireless facilities serves numerous important statewide goals and public policy objectives including, but not limited to, meeting growing consumer demand for wireless data, increasing competitive options for communications services available to the state's residents; promoting the ability of the state's citizens to communicate with other citizens and with their state and local governments; and promoting public safety;
(4) small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, are deployed most effectively in the right of way (ROW);
(5) to meet the key objectives of this article, wireless providers must have access to the ROW and the ability to attach to infrastructure in the ROW to densify their networks and provide next generation wireless services;
(6) uniform rates and fees for the permitting and deployment of small wireless facilities in the ROW and on authority infrastructure, including poles, throughout the State is reasonable and encourages the development of robust next-generation wireless and broadband networks for the benefit of citizens throughout the State;
(7) the procedures, rates, and fees in this article are fair and reasonable when viewed from the perspective of the state's citizens and the state's interest in having robust, reliable, and technologically advanced wireless and broadband networks; and reflect a balancing of the interests of the wireless providers deploying new facilities and the interests of authorities in recovering their costs of managing access to the ROW and the attachment space provided on authority infrastructure in the ROW; and
(8) this article supersedes and preempts any enactment by an authority that contradicts, expands, contracts, or otherwise modifies the provisions of this article with respect to the regulation of the placement of small wireless facilities and of support structures and poles for small wireless facilities in the ROW provided; however, that nothing in this item limits any power granted to any authority under this article including, but not limited to, the power to enforce city-wide compliant provisions in previous enactments, so long as those provisions do not violate federal law.
South Carolina
2020
S.C. Code Ann. 58-31-230
Public Service Authority broadband authority
Category: Competition and regulation
Topic: Regulatory Authority
Allows the Public Service Authority to lease excess fiber capacity that is used for providing broadband service to a third-party unaffiliated communications service provider through an arrangement in which the third-party provides the broadband service.
State Code
(B) Subject to the provisions set forth in this section, the Public Service Authority shall only lease excess fiber capacity that is used for providing any broadband service to a third party through an arrangement in which the unaffiliated communications service provider provides the broadband service.
(C) The Public Service Authority may cause or allow unaffiliated communications service providers to lease excess fiber capacity through an arrangement in which the unaffiliated communications service provider uses such capacity to provide broadband service; provided such lease shall, subject to the requirements of Section 58-31-30(a)(13), charge rates, fees, or other charges on a nondiscriminatory basis pursuant to a written contract, at market rates and on terms and conditions that are not harmful to competition.
South Carolina
2012
S.C. Code Ann. 58-9-10(17)
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband as 190 kilobits per second in either direction, or a service that provides access to the internet via computer processing, information storage, and protocol conversion.
State Code
(17) The term "broadband service" means a service that is used to deliver video or to provide access to the Internet or content and services similar to that accessible through the Internet, and that consists of the offering of:
(a) a capability to transmit information at a rate that is generally not less than one hundred ninety kilobits per second in at least one direction; or
(b) a service that uses one or more of the following to provide this access:
(i) computer processing;
(ii) information storage; and
(iii) protocol conversion.
South Carolina
no date
S.C. Code Ann. 58-9-2610 et seq.
Definitions
Category: Competition and regulation
Topic: Municipal Broadband
Requires government-owned communications providers to be subject to all the same regulations as private providers, not receive any financial benefits or subsidies that are not available to private providers, pay the same taxes and rate for liability insurance as private providers, and not cross-subsidize internet service with other sources of revenue. Exempts municipal broadband providers participating in federal programs from paying certain taxes, being subject to rate regulations, or going through the process of designating a place as unserved.
State Code
Notwithstanding any other provision of law, a government-owned communications service provider must:
(1) be subject to the same local, state, and federal regulatory, statutory, and other legal requirements to which nongovernment-owned communications service providers are subject, including regulation and other legal requirements by the commission and the Office of Regulatory Staff;
(2) not receive a financial benefit that is not available to a nongovernment-owned communications service provider on the same terms and conditions as it is available to a government-owned communications service provider, including, but not limited to, tax exemptions and governmental subsidies of any type. Tax exempt capital financing may be used consistent with Sections 58-9-2620(4)(a) and 58-9-2630(C);
(3) not be permitted to subsidize the cost of providing a communications service with funds from any other noncommunications service, operation, or other revenue source.
South Carolina
2012
S.C. Code Ann. 58-9-2610(D)
Definitions
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines a broadband service as one that provides internet access at speeds defined by the Federal Communications Commission as broadband.
State Code
(D) "Broadband�_service" means a service that meets the definition of "broadband�_service" in Section 58-9-10(17) and that has transmission speeds that are equal to or greater than the requirements for basic broadband�_tier 1 service as defined by the Federal Communications Commission for�_broadband�_data gathering and reporting. This definition does not modify or otherwise affect the definition of "broadband�_services" for the purposes of Section 58-9-280(G).
South Carolina
2012
S.C. Code Ann. 58-9-2610(G)
Definitions
Category: Definitions
Topic: Definition - Unserved
Defines an unserved area as one where more than 90 percent of households lack nonsatellite broadband access, or 75 percent of households if it’s a persistent poverty area.
State Code
(G) "Unserved area" means:
(1) within a county that is identified as a persistent poverty county by the United States Department of Agriculture, Economic Research Service pursuant to the most recent data from the Bureau of the Census, a nongovernment-owned communications service provider's territory within a 2010 Census tract, as designated by the United States Census Bureau, in which at least seventy-five percent of households have either no access to broadband service or access to broadband service only from a satellite provider; and
(2) within any other county, a 2010 Census block, as designated by the United States Census Bureau, in which at least ninety percent of households have either no access to broadband service or access to broadband service only from a satellite provider.
South Carolina
2006
S.C. Code Ann. 58-9-280(E)(9)
Certificate of public convenience and necessity shall be obtained prior to construction, operation, or extension of plant or system; exceptions
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Clarifies that while the Public Utilities Commission cannot regulate broadband, it can assess broadband revenue for purposes of contributions to the state’s Universal Service Fund.
State Code
(E) In continuing South Carolina's commitment to universally available basic local exchange telephone service at affordable rates and to assist with the alignment of prices and cost recovery with costs, and consistent with applicable federal policies, the commission shall establish a universal service fund (USF) for distribution to a carrier of last resort. The commission shall issue its final order adopting such guidelines as necessary for the funding and management of the USF within twelve months of the effective date of this section except that the commission, upon notice, may extend that period up to an additional ninety days. These guidelines must not be inconsistent with applicable federal law and shall address, without limitation, the following: (1) The USF must be administered by the Office of Regulatory Staff or a third party designated by the Office of Regulatory Staff under guidelines to be adopted by the commission. (2) The commission shall require all telecommunications companies providing telecommunications services within South Carolina to contribute to the USF as determined by the commission. ... (9) Nothing in subsection (G) of this section shall preclude the commission from assessing�_broadband�_service revenues for purposes of contributions to the USF, pursuant to this subsection.
South Carolina
2006
S.C. Code Ann. 58-9-280(G)(1)(a) et seq.
Certificate of public convenience and necessity shall be obtained prior to construction, operation, or extension of plant or system; exceptions
Category: Competition and regulation
Topic: Regulatory Authority
Prohibits the Public Utilities Commission from regulating broadband.
State Code
The commission must not: (a) impose any requirements related to the terms, conditions, rates, or availability of broadband service; or (b) otherwise regulate broadband service;
South Carolina
2020
S.C. Code Ann. 58-9-3000
Short title; legislative findings
Category: Other
Topic: Legislative Intent
States the legislative intention to encourage investment in broadband infrastructure and promote installation authorization of advanced communications capabilities within existing easements and other rights of way.
State Code
(A) This article shall be known as the "Broadband Accessibility Act".
(B) The General Assembly finds that:
(1) Despite the substantial efforts and billions of dollars invested by existing broadband service providers, locations within the State still lack access to broadband service, particularly in rural areas where the cost to deploy facilities is significantly higher than in more densely populated areas.
(2) Because the lack of broadband facilities and services in certain areas deprives citizens residing in those areas from access to opportunities, the State needs to take action to correct and eliminate discrepancies in access to broadband facilities and services.
(3) With this chapter, the General Assembly intends to authorize electric cooperatives to (a) invest in or deploy broadband facilities and (b) provide broadband service in this State, while ensuring that appropriate protections are in place to ensure that electric cooperatives do not have an unfair competitive advantage over other broadband service providers, and that the provision of broadband service by electric cooperatives does not unduly burden their electric service customers.
(4) It is the public policy of this State to encourage and facilitate the development and investment in broadband facilities in order to facilitate access to broadband services at all locations in the State, as this development is vital and necessary to induce, create, and promote industrial and economic development and to create job opportunities, enhance health care, and enhance educational advancement in the State.
(5) It is the public policy of this State to encourage continued and expanded investment in broadband infrastructure in this State by existing and new broadband providers.
(6) It is the public policy of the State to promote the authorization of advanced communications capabilities to be installed within existing easements and other rights of way in a manner that protects the rights of landowners.
(7) It is the public policy of this State to promote the efficient deployment of broadband facilities in the State.
(8) Utilizing electric easements to provide broadband services, especially existing overhead or underground facilities, does not change the physical use of the easement, interfere with or impair any vested rights of the owner or occupier of real property subject to the easement, or place any additional burdens on the property interests of an owner or occupier. Consequently, the installation and operation of broadband services within the easements are merely changes in the manner or degree of the granted use as appropriate to accommodate a new technology and, absent any applicable express prohibition contained in the instrument conveying or granting the easement, shall be deemed as a matter of law to be permitted use within the scope of every such easement.
(9) The provisions of this chapter are reasonably related to the legislative objective of facilitating access to broadband services in unserved areas throughout the State.
South Carolina
2020
S.C. Code Ann. 58-9-3010
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines broadband service as a landline or wireless service with minimum download speeds of 25 megabits per second (Mbps) and minimum upload speeds of 3 Mbps.
State Code
(5) "Broadband service" means a landline or wireless service that meets the definition of "broadband service" in Section 58-9-10(17) and that has minimum download speeds of 25 megabits per second and minimum upload speeds of 3 megabits per second.
South Carolina
2020
S.C. Code Ann. 58-9-3020 et seq.
Actions authorized to be taken by electric cooperatives
Category: Competition and regulation
Topic: Cooperatives (Electric)
Authorizes electric cooperatives to own, maintain, construct, install, and replace broadband facilities and provide broadband service.
State Code
(A) Subject to the limitations set forth in this article, and in addition to all other purposes, powers, and authority currently granted to electric cooperatives under the laws of this State, an electric cooperative may do all of the following within areas in which it is authorized to provide electric service, and within such other areas as provided in subsection (B):
(1) own, maintain, construct, install, and replace broadband facilities;
(2) contract with a broadband service provider, including a broadband affiliate, to own, lease, manage, construct, superintend, install, operate, maintain, and replace a broadband network;
(3) provide retail broadband service only through a broadband affiliate; and
(4) contract with a broadband service provider that is not a broadband affiliate to provide retail broadband service to electric cooperative customers in compliance with the provisions of this article, provided; however, that nothing in this article is intended to nor shall it be construed as regulation of the rates, terms, and conditions of retail broadband service to end-user customers.
South Carolina
2020
S.C. Code Ann. 58-9-3030
Nondiscriminatory access; written contracts; retail broadband service
Category: Infrastructure access
Topic: Rights-of-way (Easements)
Requires electric cooperatives to offer communications service providers nondiscriminatory access to install attached facilities, including the right to use easements and rights of way and just, reasonable, and nondiscriminatory rates, fees, charges, terms, and conditions for attached facilities.
State Code
(A) An electric cooperative shall provide communications service providers, including any broadband affiliates of such electric cooperative, with nondiscriminatory access in offering or granting rights to install or attach any attached facilities, including the right to use easements and rights of way, and must offer just, reasonable, and nondiscriminatory rates, fees, charges, terms, and conditions for attached facilities to communications service providers, which must pay such charges and comply with such terms and conditions. Access includes the right to nondiscriminatory use of all easements and rights of way and to all poles, ducts, conduits to the extent not prohibited by the National Electric Safety Code, and similar support structures owned or controlled by the electric cooperative or, if applicable, its broadband affiliate, including access to the replacement or expansion of such facilities for the purpose of attaching equipment for the provision of broadband service.
South Dakota
2007
S.D. Admin. Rule 64:06:02:92
Rules for sourcing specific telecommunications services
Category: Other
Topic: Other
Defines the level of taxing jurisdiction to which telecommunications services, including internet access service, will be sourced
State Code
(5) The sale of Internet access service is sourced to the customer's place of primary use; and (6) The sale of an ancillary service is sourced to the customer's place of primary use
South Dakota
2007
S.D. Codified Laws 49-31-1 (3)
Definitions—Terms used in this chapter mean
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband as a switched fiber network with speeds in multiples of OC-1: 51.84 megabits per second (Mbps), OC-3 (155.52 Mbps), and OC-12 (622.08 Mbps).
State Code
(3) "Broadband network," the broadband network extends the range of fully switched, addressable, robust transport services over the fiber network which increase in multiples of OC-1 (51.84 Mbps), including OC-3 (155.52 Mbps) and OC-12 (622.08 Mbps);
South Dakota
1997
S.D. Codified Laws 49-31-60
Telecommunications infrastructure—legislative intent
Category: Other
Topic: Legislative Intent
States that South Dakota’s Public Communications Network Infrastructure is a telecommunications network aimed at meeting the state’s advanced communication needs.
State Code
It is the intent of the Legislature that South Dakota have a telecommunications infrastructure that meets the advanced communication needs of the state's individual citizens and its communities of interest, including our schools, medical facilities, businesses, and all levels of government. To achieve this intent, it is anticipated that three networks, accessible by all South Dakotans, will be established: a narrowband network, a wideband network, and a broadband network. Together, these three networks will form South Dakota's Public Communications Network Infrastructure.
South Dakota
1997
S.D. Codified Laws 49-31-61
Public Communications Network Infrastructure—composition
Category: Competition and regulation
Topic: Service Provision - Other
Defines South Dakota’s Public Communications Network as a narrowband network, wideband network, and broadband network.
State Code
South Dakota's Public Communications Network Infrastructure shall be composed of three networks: a narrowband network, a wideband network, and a broadband network.
Tennessee
2018
Tenn. Code Ann. 13-24-401 et seq.
Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018
Category: Infrastructure access
Topic: Wireless facilities
Prohibits local jurisdictions from regulating broadband in ways that conflict with or are more restrictive than state law and from discriminating among providers in granting access to rights-of-way for small cell facilities. Limits the fees that local governments can charge providers for permits for small wireless facilities. Regulates the permitting process for small cell facilities in state-owned rights-of-way. Defines local governments’ authority to regulate the deployment of small cell facilities; local governments may, for example, require facilities to leave rights-of-way clear for travel, comply with the Americans With Disabilities Act and with public safety measures, not obstruct use of rights-of-way by utilities, and follow an aesthetic plan for a defined area. Specifies the regulations that local governments may place on small cell deployment and sets size restrictions for small cell facilities. Requires local authorities to follow specific procedures when issuing permits for small cell facilities.
State Code
(a) Nothing in this part requires any local authority to promulgate any limits, permitting requirements, zoning requirements, approval policies, or any process to obtain permission to deploy small wireless facilities. However, any local authority that promulgates limits, permitting requirements, zoning requirements, approval policies, or processes relative to deployment of small wireless facilities shall not impose limits, requirements, policies, or processes that are:
(1) More restrictive than requirements, policies, or processes set forth in this part;
(2) In excess of that which is granted by this part; or
(3) Otherwise in conflict with this part.
(b) Any local authority limits, requirements, policies, or processes that are more restrictive, in conflict with, or in excess of that which is granted by this part are void, regardless of the date on which the requirement, policy, or process was enacted or became law.
(c) For colocation of small wireless facilities in the ROW that is within the jurisdiction of a local authority that does not require an application and does not require work permits for deployment of infrastructure within the ROW, an applicant shall provide notice of the colocation by providing the materials set forth in § 13-24-409(g) to the office of the county mayor and the chief administrative officer of the county highway department, if the colocation is in the unincorporated area, or the city, if the colocation is in an incorporated area...An authority shall not:
(1) Enter into an exclusive arrangement with any person for use of a ROW for the construction, operation, marketing, or maintenance of small wireless facilities;
(2) Discriminate by prohibiting an applicant from making any type of installation that is generally permitted when performed by other entities entitled to deploy infrastructure in a ROW or by imposing any maintenance or repair obligations not generally applicable to all entities entitled to deploy infrastructure in a ROW;
(3) Impose discriminatory prohibitions against deploying a new PSS for small wireless facilities in a ROW. Only requirements imposed generally to other entities entitled to deploy infrastructure in a ROW may be applied to prohibit an applicant's deployment of a new PSS in a ROW; or
(4) Except as provided in this part or otherwise specifically authorized by state law, adopt or enforce any regulations or requirements on the placement or operation of communications facilities in a ROW by a communications service provider authorized by state or local law to operate in a ROW; regulate any communications services; or impose or collect any tax, fee, or charge for the provision of communications service over the communications service provider's communications facilities in a ROW.
Tennessee
2018
Tenn. Code Ann. 13-24-413
Study on impact of deployment of broadband -- Best Practices -- Recommendations -- Report (Plan)
Category: Broadband programs
Topic: Plan
Requires the commission on intergovernmental relations to prepare a report on the impact of the Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018.
State Code
(a) The Tennessee advisory commission on intergovernmental relations shall study and prepare a report on the impact of this part, including: (1) The impact on deployment of broadband; (2) The fiscal impact on authorities resulting from the administrative process required by this part; (3) Best practices from the perspective of applicants and authorities; (4) Best practices in other states and identify opportunities to advance the quality of transportation in this state by utilizing technological applications, sometimes referred to as “smart transportation applications,” that are supported by small wireless facilities; and (5) Recommendations for changes to this part based on the study's findings. (b) The report must be delivered to the chairs of the commerce committee of the house of representatives and commerce and labor committee of the senate by January 1, 2021.
Tennessee
2018
Tenn. Code Ann. 13-24-413
Study on impact of deployment of broadband——best practices——recommendations——report (Plan)
Category: Broadband programs
Topic: Plan
Requires commission on intergovernmental relations to prepare a report on the impact of the Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018
State Code
(a) The Tennessee advisory commission on intergovernmental relations shall study and prepare a report on the impact of this part, including: (1) The impact on deployment of broadband; (2) The fiscal impact on authorities resulting from the administrative process required by this part; (3) Best practices from the perspective of applicants and authorities; (4) Best practices in other states and identify opportunities to advance the quality of transportation in this state by utilizing technological applications, sometimes referred to as "smart transportation applications," that are supported by smallwireless facilities; and (5) Recommendations for changes to this part based on the study's findings. (b) The report must be delivered to the chairs of the house business and utilities committee of the house of representatives and commerce and labor committee of the senate by January 1, 2021.
Tennessee
2017
Tenn. Code Ann. 4-10-113
Report update on broadband service
Category: Broadband programs
Topic: Plan
Requires Advisory Commission on Intergovernmental Relations to study and prepare a report updating the broadband plan from 2017.
State Code
The Tennessee advisory commission on intergovernmental relations is directed to study and prepare a report updating its January 2017 Report on Broadband Internet Deployment, Availability, and Adoption in Tennessee, which shall be delivered to the general assembly by January 15, 2021.
Tennessee
2017
Tenn. Code Ann. 4-3-708
Broadband Accessibility Grant Program
Category: Funding and financing
Topic: Fund - Broadband
Creates Broadband Accessibility Grant Program and specifies requirements for projects to be eligible, including that they must achieve a minimum of 10 megabits per second (Mbps) download and 1 Mbps upload, serve unserved areas, build scalable infrastructure, serve locations with community support, have not received other state or federal funds, and improve speeds within the service area.
State Code
(a) The commissioner of economic and community development is authorized to establish and administer the broadband accessibility grant program, referred to in this section as the "program," for the purpose of promoting the deployment and adoption of broadband internet access services, referred to in this section as "broadband services."
(b) The program is funded through the Tennessee broadband accessibility fund, referred to in this section as the "fund," established as a separate account in the general fund.
Tennessee
2017
Tenn. Code Ann. 4-3-709
Designation as broadband ready community
Category: Broadband programs
Topic: Promotional
Specifies requirements for communities to be designated “broadband ready” by the Department of Economic and Community Development.
State Code
A political subdivision may apply to the department of economic and community development for designation as a "broadband ready community" pursuant to guidelines established by the department. The guidelines for designation must include a requirement that the political subdivision has adopted an efficient and streamlined ordinance or policy for reviewing applications and issuing permits related to projects relative to broadband services.
Tennessee
no date
Tenn. Code Ann. 49-3-368
Funds for Internet funding or connectivity -- Administration -- Eligibility -- Rules and regulations
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Requires the Department of Education to distribute appropriated funds to local education agencies in order to pay for internet connectivity. This funding must be distributed according to a formula that takes into account federal E-rate funding.
State Code
(a) Beginning with the 2008-2009 fiscal year, all funds appropriated for Internet funding or Internet connectivity funding shall be administered by the department of education and shall be distributed to LEAs pursuant to an equitable formula adopted by the department that recognizes the impact of federal E-Rate funding. This formula shall be used to distribute all funds designated for Internet services in lieu of the BEP funding formula.
Tennessee
2017
Tenn. Code Ann. 65-25-102 (3)
Chapter definitions
Category: Competition and regulation
Topic: Cooperatives
Defines broadband as a community utility service.
State Code
(3) "Community utility services" includes broadband internet access and related services and telecommunications services
Tennessee
2017
Tenn. Code Ann. 65-25-104
Purposes—nonprofit cooperatives
Category: Competition and regulation
Topic: Cooperatives
Lists community utility services (which include broadband) among the services that electric cooperatives may provide.
State Code
(a) A cooperative shall have one (1) or more of the: (2) Secondary purposes of: (A) Supplying or furnishing other community utility services as provided in §§ 65-25-102(3) and 65-25-131;
Tennessee
2018
Tenn. Code Ann. 65-25-105
Powers of cooperative (Cooperatives)
Category: Competition and regulation
Topic: Cooperatives
Allows cooperatives to build transmission and distribution lines or other communications facilities on any property owned by the cooperative, or on public right of way with the consent of the local government, to provide broadband services.
State Code
(a) Not inconsistent with or in lieu of, but in addition to, the powers set forth in title 48, chapter 53, a cooperative has the power to:
(11) With respect to a primary purpose and the secondary purpose of supplying telecommunications and broadband internet access and related services, but without limiting the generality or particularity of subdivisions (a)(1)-(10), construct, maintain, and operate, and allow others, so long as such others are permitted by law to operate such systems within the cooperative's service area, to operate, electric, or other telecommunications or broadband internet access and related services transmission and distribution lines or other conducting or communications facilities along, upon, under, and across all of the following:
(A) Real property, personal property, rights of way and easements owned, held, or otherwise used by the cooperative. Any easement owned, held, or otherwise used by the cooperative in pursuit of a primary purpose may be used for any secondary purpose; and
(B) Public thoroughfares, including, but not limited to, all roads, highways, streets, alleys, bridges, and causeways and publicly owned lands if the applicable authorities having jurisdiction over the public thoroughfares and lands consent, but consent shall not be unreasonably withheld or conditioned for the purpose of enabling the authority to gain competitive advantage with respect to the rendition by the authority or any other entity of a service that the cooperative also has a right to render
Tennessee
2018
Tenn. Code Ann. 65-25-105
Powers of cooperative (Rights-of-way)
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows cooperatives to build transmission and distribution lines or other communications facilities on any property owned by the cooperative, or on public right of way with the consent of the local government, to provide broadband services.
State Code
(a) Not inconsistent with or in lieu of, but in addition to, the powers set forth in title 48, chapter 53, a cooperative has the power to:
(11) With respect to a primary purpose and the secondary purpose of supplying telecommunications and broadband internet access and related services, but without limiting the generality or particularity of subdivisions (a)(1)-(10), construct, maintain, and operate, and allow others, so long as such others are permitted by law to operate such systems within the cooperative's service area, to operate, electric, or other telecommunications or broadband internet access and related services transmission and distribution lines or other conducting or communications facilities along, upon, under, and across all of the following:
(A) Real property, personal property, rights of way and easements owned, held, or otherwise used by the cooperative. Any easement owned, held, or otherwise used by the cooperative in pursuit of a primary purpose may be used for any secondary purpose; and
(B) Public thoroughfares, including, but not limited to, all roads, highways, streets, alleys, bridges, and causeways and publicly owned lands if the applicable authorities having jurisdiction over the public thoroughfares and lands consent, but consent shall not be unreasonably withheld or conditioned for the purpose of enabling the authority to gain competitive advantage with respect to the rendition by the authority or any other entity of a service that the cooperative also has a right to render
Tennessee
2017
Tenn. Code Ann. 65-25-131
Joint ventures for provision of telephone, telegraph, or telecommunications services—subsidies—antitrust provisions—remedies—joint ventures for provision of natural gas
Category: Competition and regulation
Topic: Cooperatives
Allows electric cooperatives to enter into joint ventures with other entities to provide telecommunications service. Prohibits such joint ventures from providing subsidies for any telecommunications activities.
State Code
(1) Each cooperative may, within its service area and with the authorization of its board, contract to establish a telecommunications joint venture with any entity for the provision of telephone, telegraph, or telecommunications services in compliance with chapters 4 and 5 of this title, and all other applicable state and federal laws, rules and regulations.
Tennessee
2017
Tenn. Code Ann. 65-25-134
Telecommunications services (Cooperatives)
Category: Competition and regulation
Topic: Cooperatives
Authorizes cooperatives to provide broadband access, provided they don’t compete with existing cooperatives in markets with fewer than 100,000 lines.
State Code
(a) (2) Every cooperative has the power and is authorized, acting through its board of directors, to acquire, construct, own, improve, operate, lease, maintain, sell, mortgage, pledge, or otherwise dispose of any system, plant or equipment for the provision of broadband internet access, internet protocol-based video, video programming, or related or similar services, or any other like system, plant, or equipment within the service area of the cooperative in compliance with chapters 4 and 5 of this title and all other applicable state and federal laws, rules, and regulations, including, but not limited to, the requirement to obtain a franchise as set forth in § 7-59-304.
(c) (2) Notwithstanding the authorization granted in subsection (a), a cooperative shall not provide any of the services authorized by subsection (a) unrelated to its electric services within the service area of an existing telephone cooperative with fewer than one hundred thousand (100,000) total lines organized and operating under chapter 29 of this title, and therefore shall adhere to those regulations of the 1995 Tennessee Telecommunications Act and rules of the Tennessee public utility commission, which are applicable to the telephone cooperatives, and specifically §§ 65-4-101 and 65-29-130.
Tennessee
2017
Tenn. Code Ann. 65-25-134
Telecommunications services (Cooperatives)
Category: Competition and regulation
Topic: Cooperatives
Prohibits electric and telecommunications cooperatives from cross-subsidizing between different services by requiring them to account for their services separately.
State Code
(b) (1) A cooperative providing any of the services authorized by subsection (a) shall not provide subsidies for such services and shall administer, operate, and maintain the electric system separately in all respects, including establishing and maintaining a separate fund for the revenues from electric operations, and shall not directly or indirectly mingle electric system funds or accounts, or otherwise consolidate or combine the financing of the electric system, with those of any other of its operations.
(2) A cooperative providing any of the services authorized by subdivision (a)(2) shall administer and operate such services as a separate subsidiary.
Tennessee
2017
Tenn. Code Ann. 65-25-134
Telecommunications services (Pole attachments)
Category: Infrastructure access
Topic: Pole attachments
Requires cooperatives to allow other providers nondiscriminatory access to poles and other infrastructure.
State Code
(3) A cooperative that elects to provide services authorized by subdivision (a)(2) shall provide other providers of such services non-discriminatory access to locate their equipment for the provision of such services on infrastructure or poles owned or controlled by the cooperative, subject to the terms of any pole attachment agreements between the cooperative and the other provider, the American National Standard Electric Safety Code described in § 68-101-104, and the structural integrity of the infrastructure or pole.
Tennessee
2006
Tenn. Code Ann. 65-5-202 (a)
Part definitions—treatment of telecommunications services to avoid federal law prohibited—jurisdiction of regulatory commission maintained—regulation of cable television not affected
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband as a connection with 200 kilobits per second for uploads or downloads.
State Code
As used in this part, "broadband services" means any service that consists of or includes a high-speed access capability to transmit at a rate that is not less than two hundred kilobits per second (200 Kbps), either in the upstream or downstream direction and either:
(A) Is used to provide access to the Internet; or
(B) Provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over the high-speed access service.
(2) "Broadband services" does not include intrastate service that was tariffed with the Tennessee public utility commission and in effect as of May 15, 2006; furthermore, the intrastate service shall not be reclassified, bundled, detariffed, declared obsolete or otherwise recharacterized to avoid the imposition of inspection fees by the Tennessee public utility commission.
Tennessee
2006
Tenn. Code Ann. 65-5-203
Federal pre-emption
Category: Competition and regulation
Topic: Regulatory Authority
Excludes broadband from the Tennessee Public Utility Commission’s jurisdiction.
State Code
In order to ensure that this state provides an attractive environment for investment in broadband technology by establishing certainty regarding the regulatory treatment of that technology, consistent with the decisions of the federal communications commission to preempt certain state actions that are not in accordance with the policies developed by the federal communications commission, the Tennessee public utility commission shall not exercise jurisdiction of any type over or relating to broadband services, regardless of the entity providing the service, except as provided in § 65-5-202(a).
Tennessee
2017
Tenn. Code Ann. 67-4-2009
Credits
Category: Funding and financing
Topic: Tax Incentives
Creates a 6 percent excise tax credit for broadband providers purchasing new equipment.
State Code
(A) Subject to appropriations and the limitation in subdivisions (9)(C) and (D), there shall be allowed against the sum total of the taxes imposed by the Franchise Tax Law of 1999, compiled in part 21 of this chapter, and by this part, a credit equal to six percent (6%) of the purchase price of qualified broadband internet access equipment
Tennessee
2017
Tenn. Code Ann. 67-6-221
Tax imposed on interstate or international telecommunications services sold to businesses—privilege tax imposed on modern market telecommunications providers—penalty
Category: Competition and regulation
Topic: Municipal Broadband
Exempts municipal broadband providers from the privilege tax.
State Code
(a) Notwithstanding any other provision of the law to the contrary, interstate or international telecommunication services sold to businesses shall be subject to a tax imposed at the rate of seven and one-half percent (7.5%).
(d) (9) This subsection (d) shall not apply to a municipal or similar provider of broadband services that makes in lieu of tax payments pursuant to title 7, chapter 52, part 4 or 6, or that makes similar in lieu of tax payments pursuant to a private act.
Tennessee
2008
Tenn. Code Ann. 7-59-303 (2)
Part definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband as a connection with 1.5-megabit-per-second download speed, or a speed equal to what at least 30 percent of a provider’s customers purchase. Definition explicitly excludes satellite.
State Code
Broadband Internet service means an asymmetrical connection to the Internet from a home computer with an expected download data transfer rate of at least one and one half megabits per second (1.5 Mbps), or, after January 1, 2012, a data transfer rate equal to the speed that thirty percent (30%) or more of the provider's Internet service subscribers actually purchase, and shall not include direct-to-home satellite service or direct broadcast satellite service;
Tennessee
2008
Tenn. Code Ann. 7-59-305
State-issued certificate of franchise authority—application and fees
Category: Infrastructure access
Topic: Permitting
Outlines application procedures for providers to obtain a certificate of franchise authority. Requires providers to begin service within 24 months of having application approved.
State Code
(c) The application for a state-issued certificate of franchise authority shall consist of an affidavit signed by an officer or partner. No other application form or materials shall be required. The affidavit shall provide the following information and affirm: (3) That the applicant/service provider intends to begin to offer video service or cable service for purchase or provide new broadband Internet service in accordance with § 7-59-311(d) in each of the municipalities and the unincorporated areas of each county described in subdivision (c)(2) within twenty-four (24) months of the date of the issuance of a state-issued certificate of franchise authority.
Tennessee
2008
Tenn. Code Ann. 7-59-311
Prohibited discrimination—low-income households—affirmative defenses—measuring compliance—waiver or extension (Service Provision - Other)
Category: Competition and regulation
Topic: Service Provision - Other
Prohibits providers from discriminating in service provision based on race, income, gender, or ethnicity. Also requires providers to ensure that at least 25 percent of the households in their service areas are low-income. Within 42 months after the date it receives a state-issued certificate of franchise authority, 25 percent of the households with access to a holder of a state-issued certificate of franchise authority’s cable or video service shall be low-income households.
State Code
A holder of a state-issued certificate of franchise authority shall not discriminate among residential subscribers or potential subscribers. For purposes of this section, "discrimination" means the denial of access to cable or video service to any individual or group of residential subscribers or potential subscribers because of the race, income, gender, or ethnicity of the residents in the local area in which the individual or group resides.
Tennessee
2008
Tenn. Code Ann. 7-59-311
Prohibited discrimination—low-income households—affirmative defenses—measuring compliance—waiver or extension (Permitting)
Category: Infrastructure access
Topic: Permitting
Requires holders of state-issued certificate of franchise authority to provide access to 30 percent of households within their approved franchise area within 42 months of receiving the authority. Allows broadband providers to double-count households to which they expand broadband service, and quadruple-count households that previously had no broadband service from any provider.
State Code
(b) Except as otherwise provided in this section, a holder of a state-issued certificate of franchise authority shall provide access to its cable or video service, or to broadband Internet service as provided in subsection (d), to a number of households equal to at least thirty percent (30%) of the households in its franchise area within forty-two (42) months after the date it receives a state-issued certificate of franchise authority. (d) 1) For purposes of calculating whether a holder of a state-issued certificate of franchise authority has met the requirements of subsection (b), each household to which the holder provides access to broadband Internet service that did not have access to such service from the holder prior to the date of application to the department for a state-issued certificate of franchise authority, shall count as two (2) households for measurement purposes. A household to which the holder of a state-issued certificate of franchise authority provides access to broadband Internet service that did not have broadband Internet access from any provider prior to the date of application to the department for a state-issued certificate of franchise authority, shall count as four (4) households for measurement purposes.
Tennessee
2017
Tenn. Code Ann. 7-59-312 (h)
Personal claims—findings of noncompliance—civil penalties—Revocation of certificate
Category: Funding and financing
Topic: Fund - Broadband
Requires that penalties paid in lawsuits related to discrimination be deposited in the Broadband Accessibility Fund.
State Code
(h) Any penalties assessed under subsection (c) or (d) shall be paid to the state treasurer for deposit into the Tennessee broadband accessibility fund, created pursuant to § 4-3-708.
Tennessee
2008
Tenn. Code Ann. 7-59-316 (a)
Telecommunications joint venture—application (Cooperatives)
Category: Competition and regulation
Topic: Cooperatives
Authorizes municipalities and cooperative utilities to partner with third parties to provide broadband access to unserved areas.
State Code
(1) Except as otherwise provided in this section, notwithstanding chapter 52 of this title and title 65, chapter 25, or any other state law to the contrary, a county or municipality, or any entity otherwise authorized by law to act on a county or municipality's behalf, or a cooperative is authorized to participate in a telecommunications joint venture that is created to provide broadband services to areas within the jurisdiction of the municipality, county or cooperative that has been determined to be an historically unserved area, meaning that the area does not have access to broadband Internet services, has been an area developed for residential use for more than five (5) years, and is outside the service area of a video or cable service local franchise holder or the franchise area of a holder of a state-issued certificate of franchise authority.
Tennessee
2008
Tenn. Code Ann. 7-59-316 (a)
Telecommunications joint venture—application (Municipal Broadband)
Category: Competition and regulation
Topic: Municipal Broadband
Authorizes municipalities and cooperative utilities to partner with third parties to provide broadband access to unserved areas.
State Code
(1) Except as otherwise provided in this section, notwithstanding chapter 52 of this title and title 65, chapter 25, or any other state law to the contrary, a county or municipality, or any entity otherwise authorized by law to act on a county or municipality's behalf, or a cooperative is authorized to participate in a telecommunications joint venture that is created to provide broadband services to areas within the jurisdiction of the municipality, county or cooperative that has been determined to be an historically unserved area, meaning that the area does not have access to broadband Internet services, has been an area developed for residential use for more than five (5) years, and is outside the service area of a video or cable service local franchise holder or the franchise area of a holder of a state-issued certificate of franchise authority.
Tennessee
2008
Tenn. Code Ann. 7-59-316 (c)
Telecommunications joint venture—application (Cooperatives)
Category: Competition and regulation
Topic: Cooperatives
Prohibits municipalities and cooperatives from charging third parties a pole attachment fee that exceeds half of the highest fee they charged Jan. 1, 2008. Requires municipalities and cooperatives to provide access to poles and conduits located in public right of way to third-party providers.
State Code
(1) Until July 1, 2018, unless such date is extended by the general assembly, notwithstanding § 65-21-105, in any area of the state determined by the department, in accordance with subsection (d), to be an historically unserved area where there is no access to broadband Internet services, a municipality or cooperatively owned utility shall not receive or request in exchange for new pole attachments any pole attachment charge from a cable or video service provider, or a telecommunications joint venture seeking to provide new broadband Internet services to the area that exceeds fifty percent (50%) of the highest pole attachment rate charged by the municipality or cooperatively owned utility to a cable service provider on January 1, 2008.
Tennessee
2008
Tenn. Code Ann. 7-59-316 (c)
Telecommunications joint venture—application (Municipal Broadband)
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits municipalities and cooperatives from charging third parties a pole attachment fee that exceeds half of the highest fee they charged Jan. 1, 2008. Requires municipalities and cooperatives to provide access to poles and conduits located in public right of way to third-party providers.
State Code
(1) Until July 1, 2018, unless such date is extended by the general assembly, notwithstanding § 65-21-105, in any area of the state determined by the department, in accordance with subsection (d), to be an historically unserved area where there is no access to broadband Internet services, a municipality or cooperatively owned utility shall not receive or request in exchange for new pole attachments any pole attachment charge from a cable or video service provider, or a telecommunications joint venture seeking to provide new broadband Internet services to the area that exceeds fifty percent (50%) of the highest pole attachment rate charged by the municipality or cooperatively owned utility to a cable service provider on January 1, 2008.
Tennessee
2008
Tenn. Code Ann. 7-59-316 (c)
Telecommunications joint venture—application (Pole attachments)
Category: Infrastructure access
Topic: Pole attachments
Prohibits municipalities and cooperatives from charging third parties a pole attachment fee that exceeds half of the highest fee they charged Jan. 1, 2008. Requires municipalities and cooperatives to provide access to poles and conduits located in public right of way to third-party providers.
State Code
(1) Until July 1, 2018, unless such date is extended by the general assembly, notwithstanding § 65-21-105, in any area of the state determined by the department, in accordance with subsection (d), to be an historically unserved area where there is no access to broadband Internet services, a municipality or cooperatively owned utility shall not receive or request in exchange for new pole attachments any pole attachment charge from a cable or video service provider, or a telecommunications joint venture seeking to provide new broadband Internet services to the area that exceeds fifty percent (50%) of the highest pole attachment rate charged by the municipality or cooperatively owned utility to a cable service provider on January 1, 2008.
Tennessee
2008
Tenn. Code Ann. 7-59-316 (d)
Telecommunications joint venture—application
Category: Competition and regulation
Topic: Municipal Broadband
Creates process by which municipalities can apply to have areas designated as unserved.
State Code
(d) Any municipality or county government seeking to establish a joint venture as provided in this part shall apply to the department for a finding that the area is historically unserved and that no private provider intends to serve that area. The applicant shall provide a copy of the application to all telecommunications providers offering service in the area applied for and to all holders of state-issued certificates of franchise authority or local franchises in areas within fifty (50) miles of the area applied for, referred to in this subsection (d) as area broadband providers, at the same time it submits its application to the department. The application shall include proof that the municipality or county has publicly advertised its intent to establish a joint venture to provide service pursuant to this section. The municipality or county shall demonstrate that it has provided notice of its intent to all area broadband providers at least sixty (60) days prior to its submission of its application to the department. All area broadband providers shall have the right to submit comments regarding any application to the department.
Texas
2018
Texas 2018-2019 General Appropriations Act, rider 69
E-Rate Classroom Connectivity
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Appropriates $25 million to an E-rate matching fund for fiscal year 2018.
State Code
Out of the Economic Stabilization Fund No. 599 appropriated above in Strategy B.2.1, Technology and Instructional Materials, the Commissioner shall distribute $25,000,000 to school districts and charters for qualifying special construction school projects under the E-Rate State Matching Provision or any other similar provision under the E-Rate to ensure the receipt of the federal E-Rate Infrastructure Program available in fiscal year 2018. The Commissioner shall distribute the funding to support projects that build high-speed broadband infrastructure to and within schools. The Commissioner shall not expend the funds appropriated through this rider unless able to secure the funding through the federal E-Rate initiative. If the Commissioner is unable to secure the funding through the federal E-Rate initiative, the $25,000,000 will lapse at the end of fiscal year 2018. Any unexpended balances as of August 31, 2018 are appropriated for fiscal year 2019 for the same purpose only upon federal extension of the E-Rate Infrastructure Program. By August 1, 2018, the agency shall report to the Legislative Budget Board and Office of the Governor on the status of the funding directed by the rider.
Texas
no date
Texas Government Code 490H
Governor's Broadband Development Council (Task Force)
Category: Broadband programs
Topic: Task Force
Creates the Governor's Broadband Development Council to study broadband deployment, deployment barriers, potential broadband solutions, and the effect of broadband on other policy priorities.
State Code
(a) The council shall: (1) research the progress of broadband development in unserved areas; (2) identify barriers to residential and commercial broadband deployment in unserved areas; (3) study technology-neutral solutions to overcome barriers identified under Subdivision (2); and (4) analyze how statewide access to broadband would benefit: (A) economic development; (B) the delivery of educational opportunities in higher education and public education; (C) state and local law enforcement; (D) state emergency preparedness; and (E) the delivery of health care services, including telemedicine and telehealth. (b) The council may research another matter related to broadband only if a majority of the council approves researching the matter.
Texas
no date
Texas Government Code 490H
Definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband as any service providing advanced telecommunications capability and internet access.
State Code
"Broadband" means a service that provides advanced telecommunications capability and Internet access.
Texas
2017
Texas Local Gov. Code 284.001
Findings and policy
Category: Other
Topic: Legislative Intent
Defines the policy intent for network nodes (small cell) in the public right of way.
State Code
(a) The legislature finds that: (1) network nodes are instrumental to increasing access to advanced technology and information for the citizens of this state and thereby further an important public policy of having reliable wireless networks and services; (2) this state has delegated to each municipality the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public, subject to state law; (3) network nodes often may be deployed most effectively in the public right-of-way; (4) network providers' access to the public right-of-way and the ability to attach network nodes to poles and structures in the public right-of-way allow network providers to densify their networks and provide next-generation services;(5) expeditious processes and reasonable and nondiscriminatory terms, conditions, and compensation for use of the public right-of-way for network node deployments are essential to state-of-the-art wireless services and thereby further an important public policy of having reliable wireless networks and services;
Texas
2017
Texas Local Gov. Code. Chapter 284
Deployment of Network Nodes in Public Right-Of-Way
Category: Infrastructure access
Topic: Small cell facilities
Defines the policy intent for network nodes (small cell) in public rights-of-way. Prohibits a municipality from entering into an exclusive agreement for use of the public rights-of-way for small cell. Caps the annual rate that a municipality can charge for use of the public right-of-way at $250 multiplied by the number of small cells within the municipal boundaries. Requires approval for construction, operation, maintenance, modification, and removal of small cells or support poles, modification or replacement of utility poles, or co-location as a permitted use that does not require a special use permit or further land use approval. Prohibits municipalities from directly or indirectly requiring that a permit applicant perform unrelated services for the municipality, including in-kind contributions of fiber, conduit, or pole space as a condition of approval and from issuing a moratorium on the processing of permits. Requires municipal utilities to allow small cell co-location on utility poles on nondiscriminatory terms. Addresses the annual pole attachment rate, consistent with Texas Utilities Code 54.204. Requires network providers to relocate or adjust network nodes in public rights-of-way in a timely manner without cost to the municipality and to operate small cells in compliance with applicable laws and regulations.
State Code
Sec. 284.001. Findings and Policy. (a) The legislature finds that:(1) network nodes are instrumental to increasing access to advanced technology and information for the citizens of this state and thereby further an important public policy of having reliable wireless networks and services; (2) this state has delegated to each municipality the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public, subject to state law;(3) network nodes often may be deployed most effectively in the public right-of-way;(4) network providers' access to the public right-of-way and the ability to attach network nodes to poles and structures in the public right-of-way allow network providers to densify their networks and provide next-generation services;(5) expeditious processes and reasonable and nondiscriminatory terms, conditions, and compensation for use of the public right-of-way for network node deployments are essential to state-of-the-art wireless services and thereby further an important public policy of having reliable wireless networks and services;(6) network nodes help ensure that this state remains competitive in the global economy;(7) the timely permitting of network nodes in the public right-of-way is a matter of statewide concern and interest;(8) requirements of this chapter regarding fees, charges, rates, and public right-of-way management, when considered with fees charged to other public right-of-way users under this code, are fair and reasonable and in compliance with 47 U.S.C. Section 253; (9) to the extent this state has delegated its fiduciary responsibility to municipalities as managers of a valuable public asset, the public right-of-way, this state is acting in its role as a landowner in balancing the needs of the public and the needs of the network providers by allowing access to the public right-of-way to place network nodes in the public right-of-way strictly within the terms of this chapter; and (10) as to each municipality, including home-rule municipalities, this state has determined that it is reasonable and necessary to allow access to the public right-of-way for the purposes of deploying network nodes to protect and safeguard the health, safety, and welfare of the public as provided by this chapter.
Texas
2013
Texas Tax Code 151.3186
Property used in cable television, internet access, or telecommunications services
Category: Funding and financing
Topic: Tax Incentives
Gives internet service providers a refund on the personal property tax if the tax was on property that is used by the provider or a subsidiary of the provider to provide internet access services. The provider is eligible for a refund equal to the amount paid in tax if it did not exceed $50 million for the provider and subsidiaries. If the amount was greater, the provider may claim a pro rata share.
State Code
(a) In this section, "provider" means a provider of cable television service, Internet access service, or telecommunications services. (b) A provider is entitled to a refund of the tax imposed by this chapter on the sale, lease, or rental or storage, use, or other consumption of tangible personal property if: (1) the property is sold, leased, or rented to or stored, used, or consumed by a provider or a subsidiary of a provider; and (2) the property is directly used or consumed by the provider or subsidiary described by Subdivision (1) in or during: (A) the distribution of cable television service; (B) the provision of Internet access service; or (C) the transmission, conveyance, routing, or reception of telecommunications services. (c) Notwithstanding Subsection (b), property directly used or consumed in or during the provision, creation, or production of a data processing service or information service is not eligible for a refund under this section. (d) The amount of the refund to which a provider or subsidiary, as described by Subsection (b)(1), is entitled under this section for a calendar year is equal to: (1) the amount of the tax paid by the provider or subsidiary during the calendar year on property eligible for a refund under this section, if the total amount of tax paid by all providers and subsidiaries described by Subsection (b)(1) that are eligible for a refund under this section is not more than $50 million for the calendar year; or (2) a pro rata share of $50 million, if the total amount of tax paid by all providers and subsidiaries described by Subsection (b)(1) that are eligible for a refund under this section is more than $50 million for the calendar year. (e) The refund provided by this section does not apply to the taxes imposed under Subtitle C, Title 3.
Texas
no date
Texas Transportation Code 201.672
COORDINATION
Category: Infrastructure access
Topic: Rights-of-way (Dig once)
Requires the Department of Transportation to notify broadband providers about highway construction projects and allows providers to collaborate with the department to deploy broadband conduit and other facilities in the rights-of-way during construction projects. Requires the department to give special consideration to projects that are likely to improve broadband access in rural and underserved areas and requires the department to assist political subdivisions in taking advantage of joint trenching opportunities.
State Code
(a) The department shall provide notice on the department's Internet website of ongoing and planned highway construction projects for which the department will provide voluntary joint trenching opportunities in the state's right-of-way for broadband providers. A broadband provider may collaborate with the department to deploy broadband conduit or other broadband facilities in those rights-of-way. (b) The department shall give special consideration to broadband deployment described by Subsection (a) that is likely to improve access to broadband by rural or underserved communities. (c) To the extent practicable, the department shall assist political subdivisions in taking advantage of voluntary joint trenching opportunities.
Texas
no date
Texas Utilities Code 181.048
Electric Cooperative Broadband Facilities (Cooperatives)
Category: Competition and regulation
Topic: Cooperatives
Allows electric cooperatives to provide broadband service, provided that they refrain from charging discriminatory rates for pole access or cross-subsidizing between their electric and broadband lines of business.
State Code
(b) An electric cooperative or electric cooperative affiliate may construct, operate, and maintain fiber optic cables and other facilities for providing broadband service over, under, across, on, or along real property, personal property, rights-of-way, easements, and licenses and other property rights owned, held, or used by the cooperative. (c) The monetary rates applicable to an electric cooperative or electric cooperative affiliate for attaching broadband facilities on the electric cooperative's poles must be just and reasonable and may not be less than the monetary rates the electric cooperative charges to other broadband service providers for attaching broadband facilities to the electric cooperative's poles. The terms and conditions applicable to an electric cooperative or electric cooperative affiliate for attaching broadband facilities on the electric cooperative's poles must be just and reasonable and be comparable to the terms and conditions the electric cooperative applies to other broadband service providers for attaching broadband facilities to the electric cooperative's poles. This subsection does not limit or restrict an electric cooperative or electric cooperative affiliate from installing fiber optic cables in the supply space of the electric cooperative's poles. (d) An electric cooperative or electric cooperative affiliate that provides broadband service shall maintain separate books and records of broadband service operations and the broadband service operations of any subsidiary and shall ensure that the rates charged for provision of electric service do not include any broadband service costs or any other costs not related to the provision of electric service.
Texas
no date
Texas Utilities Code 181.048
Electric Cooperative Broadband Facilities (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines broadband as internet service at download speeds of 25 megabits per second (Mbps) and upload speeds of 3 Mbps or above, for the purpose of allowing cooperatives to provide broadband service.
State Code
(1) "Broadband service" means Internet service with the capability of providing: (A) a download speed of 25 megabits per second or faster; and (B) an upload speed of three megabits per second or faster.
Texas
no date
Texas Utilities Code 181.048
Electric Cooperative Broadband Facilities (Rights-of-way)
Category: Infrastructure access
Topic: Rights-of-way (Easements)
Allows electric cooperatives to use existing easements to provide broadband service, provided that they properly notify property owners.
State Code
An easement or other property right owned, held, or used by the electric cooperative to provide electricity or other services may also be used to provide broadband service. _�_ (e) Subject to Subsection (f), not later than the 60th day before the date the electric cooperative or electric cooperative affiliate begins construction in an easement or other property right that existed before that date of fiber optic cables and other facilities for providing broadband service, the electric cooperative or electric cooperative affiliate must provide written notice to the owners of property in which the easement or property right is located of the intent to use the easement or other property right for broadband service. The electric cooperative or electric cooperative affiliate shall send the notice by first class mail to the last known address of each person in whose name the property is listed on the most recent tax roll of each county authorized to levy property taxes against the property. The notice must state whether any new fiber optic cables used for broadband service will be located above or below ground in the easement or other property right. Not later than the 60th day after the date notice is mailed by the electric cooperative or electric cooperative affiliate, a property owner entitled to notice under this subsection may submit to the electric cooperative or electric cooperative affiliate a written protest of the intended use of the easement or other property right for broadband service. If an electric cooperative or electric cooperative affiliate receives a timely written protest under this subsection, the electric cooperative or electric cooperative affiliate may not use the easement or other property right for broadband service unless the protestor later agrees in writing to that use or that use is authorized by law.
Texas
2003
Texas Utilities Code 186.054-58
Construction and maintenance of utility, common carrier, cable operator, and energy transporter facilities
Category: Infrastructure access
Topic: Rights-of-way (Railroad)
Allows cable companies offering or transporting high-speed internet or broadband information services (see 186.053) to acquire easements to railroad or railroad right of way through eminent domain. Requires the railroad to produce documentation to its right, title, or interest in the property for which the cable operator is seeking to acquire right of way. Allows the railroad to charge a reimbursable cost, not to exceed $500, for the documentation. Addresses the right of the cable operator to continuously use the right of way through eminent domain in the absence of a permanent easement. Defines the damages due to the railroad in the event of an eminent domain proceeding. Allows the cable operator to obtain an original license or a renewal license for the right to use the railroad right of way for a one-time fee, in which case the terms of the license may specify that the railroad is not later subject to the terms of this subchapter (186.053-186.058).
State Code
(a) A utility, common carrier, cable operator, or energy transporter may acquire an easement by eminent domain along, over, under, or across a railroad or railroad right-of-way as provided by this subchapter to maintain, operate, or upgrade its facilities consistent with preexisting licenses or agreements. (b) A utility, common carrier, cable operator, or energy transporter: (1) shall provide notice to the railroad within a reasonable period of any proposed activity relating to the construction, maintenance, or operation of the facilities; and (2) may not unreasonably interfere with railroad operations.(c) Absent terms to the contrary in an easement acquired by condemnation under this subchapter, existing license, or agreement, a railroad may require a utility, common carrier, cable operator, or energy transporter to relocate any portion of a facility that is located in the railroad right-of-way that is not in the public right-of-way if: (1) a reasonable alternate route is available; (2) a reasonable amount of time is provided; (3) substantial interference with the railroad operations is established; and (4) the railroad reimburses the utility, common carrier, cable operator, or energy transporter for the reasonable cost of relocation.
Texas
2005
Texas Utilities Code 43.001 et seq.
Legislative findings
Category: Competition and regulation
Topic: Service Provision - Other
Addresses broadband over power lines (BPL) as an emerging technology that can help expand broadband service to underserved areas, while also enhancing electric delivery systems. Finds that it is in the interest of the state to encourage BPL deployment.
State Code
(a) The legislature finds that broadband over power lines, also known as BPL, is an emerging technology platform that offers a means of providing broadband services to reach homes and businesses. BPL services can also be used to enhance existing electric delivery systems, which can result in improved service and reliability for electric customers.(b) The legislature finds that access to quality, high speed broadband services is important to this state. BPL deployment in Texas has the potential to extend broadband service to customers where broadband access is currently not available and may provide an additional option for existing broadband consumers in Texas, resulting in a more competitive market for broadband services. The legislature further finds that BPL development in Texas is fully dependent upon the participation of electric utilities in this state that own and operate power lines and related facilities that are necessary for the construction of BPL systems and the provision of BPL services. (c) Consistent with the goal of increasing options for telecommunications in this state, the legislature finds that it is in the public interest to encourage the deployment of BPL by permitting affiliates of the electric utility, or permitting unaffiliated entities, to own or operate all or a portion of such BPL systems. The purpose of this chapter is to provide the appropriate framework to support the deployment of BPL. (d) The legislature finds that an electric utility may choose to implement BPL under the procedures set forth in this chapter, but is not required to do so. The electric utility shall have the right to decide, in its sole discretion, whether to implement BPL and may not be penalized for deciding to implement or not to implement BPL.
Texas
1997
Texas Utilities Code 58.251
Intent and goal of subchapter
Category: Other
Topic: Legislative Intent
States legislative intent related to community anchor institution connectivity and the need for broadband infrastructure to interconnect these entities.
State Code
(a) It is the intent of this subchapter to establish a telecommunications infrastructure that interconnects the public entities described in this subchapter. The interconnection of these entities requires ubiquitous, broadband, digital services for voice, video, and data in the local serving area. The ubiquitous nature of these connections must allow individual networks of these entities to interconnect and interoperate across the broadband digital service infrastructure. The delivery of these advanced telecommunications services requires collaborations and partnerships of public, private, and commercial telecommunications service network providers. (b) The goal of this subchapter is to interconnect and aggregate the connections to every entity described in this subchapter, in the local serving area. It is further intended that the infrastructure implemented under this subchapter connect each entity that requests a service offered under this subchapter.
Texas
no date
Texas Utilities Code Subchapter E
Municipalities
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits the Public Utilities Commission from granting certificates of convenience and necessity, operating authority, or service provider operating authority to a municipality. Prohibits municipalities or municipal electric systems from providing nonswitched telecommunications service or any other services that require such certificates. Allows municipalities and municipal electric systems to lease dark fiber on a nondiscriminatory, nonpreferential basis. Addresses access for certified telecommunications providers to municipal rights-of-way and attachment rates for poles owned by municipalities or municipal electric systems.
State Code
(a) A municipality or municipal electric system may not offer for sale to the public:
(1) a service for which a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority is required; or
(2) a nonswitched telecommunications service used to connect a customer's premises with:
(A) another customer's premises within the exchange; or
(B) a long distance provider that serves the exchange.
(b) Subsection (a) applies to a service offered either directly or indirectly through a telecommunications provider.
(c) This section may not be construed to prevent a municipally owned utility from providing to its energy customers, either directly or indirectly, any energy related service involving the transfer or receipt of information or data concerning the use, measurement, monitoring, or management of energy utility services provided by the municipally owned utility, including services such as load management or automated meter reading.
Utah
2001
Utah Code 10-18
Municipal Cable Television and Public Telecommunications Services Act
Category: Competition and regulation
Topic: Municipal Broadband
Places limits on municipalities providing cable television or telecommunications services to one or more subscribers. Defines steps a municipality must take before providing such services, including holding a preliminary public hearing and conducting a feasibility study to determine if average annual revenue will exceed average annual costs by the amount necessary to meet bond obligations, adopting the feasibility study by resolution, and holding a referendum on provision of the services. Further requires a municipality providing cable or telecommunications services to establish an enterprise fund and allows the legislative body of a municipality to issue revenue or general obligation bonds to finance capital costs for service provision. Defines operating limitations for municipalities providing cable or telecommunications services, including prohibiting cross-subsidization, pricing at a level that is below the cost of providing service, providing service to subscribers outside the geographic boundaries of the service territory, or giving undue preference to the municipality as provider; calculating rates for service to include applicable fees; and maintaining and publishing a comprehensive price list. Forbids municipal providers from receiving funds from the Universal Public Telecommunications Service Support Fund.
State Code
(1) Except as provided in this chapter, a municipality may not: (a) provide to one or more subscribers: (i) a cable television service; or (ii) a public telecommunications service; or (b) for the purpose of providing a cable television service or a public telecommunications service to one or more subscribers, purchase, lease, construct, maintain, or operate any facility.
Utah
2018
Utah Code 54-21
Small Wireless Facilities Deployment Act
Category: Infrastructure access
Topic: Small cell facilities
Addresses definitions, scope, and local authority jurisdiction. Allows the state, state agencies, and political subdivisions to continue exercising zoning, land use, planning, and permitting authority within their boundaries, including the policing of power-based regulations for management of rights-of-way and adoption of design standards for wireless facilities and utility poles. Prohibits collection of taxes, fees, or charges on a communications service provider authorized to operate in a right-of-way for the provision of communications service unless otherwise authorized by state law. Provides wireless providers access to rights-of-way to co-locate small wireless facilities or to install, operate, maintain, or replace poles or equipment for small wireless subject only to administrative review. Allows an authority to require a permit for co-locating, installing, or modifying a utility pole for a small cell facility in the right-of-way. Addresses what the authority may require through the permit process and sets permitting timelines. Prohibits exclusive use agreements for the co-location of small cell facilities. Sets maximum allowable fees that an authority may charge for access to the right-of-way to co-locate a small wireless facility or to install, operate, maintain, or replace a pole or equipment for a small wireless facility. Allows an authority to require that a wireless provider relocate or adjust a small cell facility in the public right-of-way at no cost to the authority.
State Code
(1) Subject to Subsection (2), the provisions of this chapter, and applicable federal law, an authority may continue to exercise zoning, land use, planning, and permitting authority within the authority's territorial boundaries, including with respect to wireless support structures and utility poles. (2) An authority may exercise the authority's police-power-based regulations for the management of a public right-of-way: (a) on a nondiscriminatory basis to all users of the right-of-way; (b) to the extent of the authority's jurisdiction; and (c) consistent with state and federal law. (3) An authority may impose a regulation based on the authority's police power in the management of an activity of a wireless provider in a public right-of-way, if: (a) to the extent the authority enforces the regulation, the authority enforces the regulation on a nondiscriminatory basis; and (b) the purpose of the regulation is to protect the health, safety, and welfare of the public. (4) An authority may adopt design standards for the installation and construction of a small wireless facility or utility pole in a public right-of-way that: (a) are reasonable and nondiscriminatory; and (b) include additional installation and construction details that do not conflict with this chapter, including a requirement that: (i) an industry standard pole load analysis be completed and submitted to an authority, indicating that the utility pole, to which the small wireless facility is to be attached, will safely support the load; or (ii) small wireless facility equipment, on new and existing utility poles, be placed higher than eight feet above ground level. (5)(a) A wireless provider shall comply with an authority's design standards described in Subsection (4), if any, in place on the day on which the wireless provider files a permit application in relation to work for which the authority approves the permit application. (b) An authority's obligations under this chapter may not be tolled or extended pending the adoption or modification of design standards. (6) A wireless provider may not install a new utility pole in a public right-of-way without the authority's discretionary, nondiscriminatory, and written consent, if the public right-of-way is adjacent to a street or thoroughfare that is: (a) not more than 60 feet wide, as depicted in the official plat records; and (b) adjacent to single-family residential lots, other multifamily residences, or undeveloped land that is designated for residential use by zoning or deed restrictions. (7) Nothing in this chapter authorizes the state or any political subdivision, including an authority, to: (a) require the deployment of a wireless facility; or (b) regulate a wireless service. (8) Except as provided in this chapter or otherwise specifically authorized by state law, an authority may not impose or collect a tax, fee, or charge on a communications service provider authorized to operate in a right-of-way for the provision of communications service over the communications service provider's communications facilities in the right-of-way.
Utah
2017
Utah Code 54-8b-15
Universal Public Telecommunications Service Support Fund—commission duties—charges—Lifeline program (State Universal Service Fund)
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Establishes the Universal Public Telecommunications Service Support Fund to provide a mechanism for qualifying carriers of last resort to obtain funding to deploy and manage networks that provide services, including broadband, to end users. Defines how the fund shall be used and carrier eligibility.
State Code
(2)(a) There is established an expendable special revenue fund known as the "Universal Public Telecommunications Service Support Fund." (b) The fund shall provide a mechanism for a qualifying carrier of last resort to obtain specific, predictable, and sufficient funds to deploy and manage, for the purpose of providing service to end-users, networks capable of providing: (i) access lines; (ii) connections; or (iii) wholesale broadband Internet access service. (c) The commission shall develop, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this section, policies and procedures to govern the administration of the fund. (3) Subject to this section, the commission shall use funds in the Universal Public Telecommunications Service Support Fund to: (a) fund the hearing and speech impaired program described in Section 54-8b-10; (b) fund a lifeline program that covers the reasonable cost to an eligible telecommunications carrier, as determined by the commission, to offer lifeline service consistent with the Federal Communications Commission's lifeline program for low-income consumers; (c) fund, for the purpose of providing service to end-users, a rate-of-return regulated or non-rate-of-return regulated carrier of last resort's deployment and management of networks capable of providing: (i) access lines; (ii) connections; or (iii) wholesale broadband Internet access service that is consistent with Federal Communications Commission rules; and (d) fund one-time distributions from the Universal Public Telecommunications Service Support Fund for a non-rate-of-return regulated carrier of last resort's deployment and management of networks capable of providing: (i) access lines; (ii) connections; or (iii) broadband Internet access service.
Utah
no date
Utah Code 54-8b-15
Universal Public Telecommunications Service Support Fund -- Commission duties -- Charges -- Lifeline program (State Universal Service Fund)
Category: Funding and financing
Topic: State Universal Service Fund (Lifeline)
Requires the Public Service Commission to use money from the state's universal service fund to supplement the federal Lifeline program, which includes discounts for broadband service.
State Code
3) Subject to this section, the commission shall use funds in the Universal Public Telecommunications Service Support Fund to: … (b) fund a lifeline program that covers the reasonable cost to an eligible telecommunications carrier, as determined by the commission, to offer lifeline service consistent with the Federal Communications Commission's lifeline program for low-income consumers
Utah
2021
Utah Code 54-8b-15 (1) (a)
Universal Public Telecommunications Service Support Fund -- Commission duties -- Charges -- Lifeline program
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines “broadband” in accordance with 47 CFR 8.2: “A mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service.” This term also encompasses any service that the commission finds to be providing a service that is functionally equivalent to the service described or is used to evade the protections set forth in this part.
State Code
(1) For purposes of this section:
(a) "Broadband Internet access service" means the same as that term is defined in 47 C.F.R. Sec. 8.2.
Utah
2017
Utah Code 54-8b-15 (1) (g)
Universal Public Telecommunications Service Support Fund—commission duties—charges—Lifeline program
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines wholesale broadband internet access service as the end-user loop component of internet access provided by a rate-of-return regulated carrier of last resort to provide consumers voice and broadband internet access or stand-alone broadband internet access.
State Code
(g) "Wholesale broadband Internet access service" means the end-user loop component of Internet access provided by a rate-of-return regulated carrier of last resort that is used to provide, at retail: (i) combined consumer voice and broadband Internet access; or (ii) stand-alone, consumer, broadband-only Internet access.
Utah
2018
Utah Code 63N-3-501
Infrastructure and broadband coordination (Agency)
Category: Broadband programs
Topic: Agency
Gives the Governor’s Office of Economic Development authority for broadband-related activities, including making recommendations to federal and state agencies, facilitating coordination with broadband providers and public and private entities, collecting and analyzing broadband data, creating an advisory committee, and working with stakeholders to facilitate broadband deployment.
State Code
(2) The office may: (a) make recommendations to state and federal agencies, local governments, the governor, and the Legislature regarding policies and initiatives that promote the development of broadband-related infrastructure in the state and help implement those policies and initiatives; (b) facilitate coordination between broadband providers and public and private entities; (c) collect and analyze data on broadband availability and usage in the state, including Internet speed, capacity, the number of unique visitors, and the availability of broadband infrastructure throughout the state; (d) create a voluntary broadband advisory committee, which shall include broadband providers and other public and private stakeholders, to solicit input on broadband-related policy guidance, best practices, and adoption strategies; (e) work with broadband providers, state and local governments, and other public and private stakeholders to facilitate and encourage the expansion and maintenance of broadband infrastructure throughout the state; and (f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, and in accordance with federal requirements: (i) apply for federal grants; (ii) participate in federal programs; and (iii) administer federally funded broadband-related programs.
Utah
2018
Utah Code 63N-3-501
Infrastructure and broadband coordination (Mapping)
Category: Broadband programs
Topic: Mapping
Directs the Governor’s Office of Economic Development to partner with the Automated Geographic Reference Center to create a database and map of economic development data, including broadband availability and speeds.
State Code
(1) The office shall partner with the Automated Geographic Reference Center created in Section 63F-1-506 to collect and maintain a database and interactive map that displays economic development data statewide, including: (a) voluntarily submitted broadband availability, speeds, and other broadband data; (b) voluntarily submitted public utility data; (c) workforce data, including information regarding: (i) enterprise zones designated under Section 63N-2-206; (ii) business resource centers; (iii) public institutions of higher education; and (iv) procurement technical assistance centers; (d) transportation data, which may include information regarding railway routes, commuter rail routes, airport locations, and major highways; (e) lifestyle data, which may include information regarding state parks, national parks and monuments, United States Forest Service boundaries, ski areas, golf courses, and hospitals; and (f) other relevant economic development data as determined by the office, including data provided by partner organizations.
Utah
2018
Utah Code 63N-3-501
Infrastructure and broadband coordination (Task Force)
Category: Broadband programs
Topic: Task Force
Allows the Governor’s Office of Economic Development to create a voluntary broadband advisory committee, with representatives public and private stakeholder groups including broadband providers.
State Code
(2) The office may: (a) make recommendations to state and federal agencies, local governments, the governor, and the Legislature regarding policies and initiatives that promote the development of broadband-related infrastructure in the state and help implement those policies and initiatives; (b) facilitate coordination between broadband providers and public and private entities; (c) collect and analyze data on broadband availability and usage in the state, including Internet speed, capacity, the number of unique visitors, and the availability of broadband infrastructure throughout the state; (d) create a voluntary broadband advisory committee, which shall include broadband providers and other public and private stakeholders, to solicit input on broadband-related policy guidance, best practices, and adoption strategies; (e) work with broadband providers, state and local governments, and other public and private stakeholders to facilitate and encourage the expansion and maintenance of broadband infrastructure throughout the state; and (f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, and in accordance with federal requirements: (i) apply for federal grants; (ii) participate in federal programs; and (iii) administer federally funded broadband-related programs.
Utah
no date
Utah Code 63N-4-503
Creation and purpose of the Rural Coworking and Innovation Center Grant Program
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Creates the Rural Coworking and Innovation Center Grant Program, which funds the creation of coworking and innovation spaces in rural areas. Broadband connectivity for coworking spaces is one type of project that is eligible for the grant.
State Code
(1) There is created the Rural Coworking and Innovation Center Grant Program administered by the office. (2) The office may seek to accomplish the following objectives in administering the grant program: (a) constructing or renovating a facility in one or more rural areas to create one or more coworking and innovation centers; (b) extending and improving utilities and broadband service connections to one or more coworking and innovation centers in one or more rural areas; and (c) purchasing equipment, furniture, and security systems as part of one or more coworking and innovation centers in one or more rural areas.
Utah
2018
Utah Code 72-7-108
Longitudinal telecommunication access in the interstate highway system—definitions—agreements—compensation—restrictions—rule-making
Category: Infrastructure access
Topic: Rights-of-way (Other)
Authorizes the Department of Transportation to provide a telecommunications facility provider longitudinal access to an interstate highway for facility installation, operation, and maintenance. Requires the department to enter into an agreement and issue a permit before granting access except as provided by this section. Requires that the agreements specify terms and conditions for renegotiation, the management responsibilities for each facility, and a timeline of no more than 30 years. Requires the Department of Transportation to collect fair and reasonable compensation for access to the right of way. Allows the compensation to be cash, in kind, or a combination of the two. Defines requirements for joint trenching and trench sharing. Directs monies collected to the state Transportation Fund.
State Code
(2) (a) Except as provided in Subsection (4), the department may allow a telecommunication facility provider longitudinal access to the right-of-way of a highway on the interstate system for the installation, operation, and maintenance of a telecommunication facility. (b) The department shall enter into an agreement with a telecommunication facility provider and issue a permit before granting it any longitudinal access under this section. (i) Except as specifically provided by the agreement, a property interest in a right-of-way may not be granted under the provisions of this section. (ii) An agreement entered into by the department under this section shall: (A) specify the terms and conditions for the renegotiation of the agreement; (B) specify maintenance responsibilities for each telecommunication facility; (C) be nonexclusive; and (D) be limited to a maximum term of 30 years. (3) (a) The department shall require compensation from a telecommunication facility provider under this section for longitudinal access to the right-of-way of a highway on the interstate system.
Vermont
2019
10 V.S.A. 280ee
Broadband Expansion Loan Program
Category: Funding and financing
Topic: Fund - Broadband
Creates a loan program within the Vermont Economic Development Authority to finance broadband projects in unserved and underserved areas. Projects must achieve download and upload speeds of at least 100 megabits per second.
State Code
(a) Creation. There is established within the Authority the Vermont Broadband Expansion Loan Program (the Program), the purpose of which is to enable the Authority to make loans that expand broadband service to unserved and underserved Vermonters. _�_ (2) The Authority shall establish policies and procedures for the Program necessary to ensure the expansion of broadband availability to the largest number of Vermont addresses as possible. The policies shall specify that: (A) loans may be made in an amount of up to $4,000,000.00; (B) eligible borrowers include communications union districts and other units of government, nonprofit organizations, cooperatives, and for-profit businesses; (C) a loan shall not exceed 90 percent of project costs; (D) interest and principal may be deferred up to two years; (E) a maximum of $10,800,000.00 in Authority loans may be made under the Program commencing on June 20, 2019; and (F) the provider shall offer to all customers broadband service that is capable of speeds of at least 100 Mbps symmetrical.
Vermont
2017
10 V.S.A. 325m
Rural Economic Development Initiative
Category: Other
Topic: Other
Establishes a Rural Economic Development Initiative within the Vermont Housing and Conservation Board to support community economic development in small towns and rural areas by helping to identify grant funding opportunities, including for broadband infrastructure, and technical assistance with writing and completing grant applications. Expires July 1, 2021
State Code
(1) The Rural Economic Development Initiative shall provide the following services to small towns and businesses in rural areas: (A) identification of grant or other funding opportunities available to small towns, businesses in rural areas, and industrial parks in small towns and rural areas that facilitate business development, siting of businesses, workforce development, broadband deployment, infrastructure development, or other economic development opportunities;
Vermont
2015
19 V.S.A. 26a
Determination of rent to be charged for leasing or licensing state-owned property under the agency’s jurisdiction
Category: Infrastructure access
Topic: Rights-of-way (Other)
Requires the Agency of Transportation, unless otherwise required under federal law, to collect reasonable payment to be deposited into the transportation fund for leases or licenses to use state-owned right of way by broadband providers or for wireless facilities. Allows the agency to waive charges and enter into an agreement with the provider to provide comparable value to meet the public good.
State Code
(b) Unless otherwise required by federal law, the Agency shall assess, collect, and deposit in the Transportation Fund a reasonable charge or payment with respect to leases or licenses for access to or use of State-owned rights-of-way by providers of broadband or wireless communications facilities or services. The Agency may waive such charge or payment in whole or in part if the provider offers to provide comparable value to the State so as to meet the public good as determined by the Agency and the Department of Public Service. For the purposes of this section, the terms "comparable value to the State" shall be construed broadly to further the State's interest in ubiquitous broadband and wireless service availability at reasonable cost. Any waiver of charges or payments for comparable value to the State granted by the Agency may not exceed five years.
Vermont
2017
2 V.S.A. 754
Contracts for Internet service
Category: Competition and regulation
Topic: Net Neutrality
Requires all legislative branch contracts for broadband internet access service to include terms and conditions requiring that the provider certify that it is complying with consumer protection and net neutrality standards.
State Code
Every contract for broadband Internet access service, as defined in 3 V.S.A. § 348(d)(1), for the Legislative Branch shall include terms and conditions requiring that the Internet service provider certify that it is in compliance with the consumer protection and net neutrality standards established in 3 V.S.A. § 348.
Vermont
2011
22 V.S.A. 723
Duties and powers of the Division for Historic Preservation and the state historic preservation officer
Category: Infrastructure access
Topic: Pole attachments
Directs the state historic preservation officer and the Division for Historic Preservation to adopt an efficient review procedure for actions related to providing broadband services, including a systemic approach to reviewing pole attachments.
State Code
(c) The State Historic Preservation Officer and the Division shall adopt a procedure for the efficient review in accordance with this chapter and the National Historic Preservation Act, 16 U.S.C. chapter 1A, subchapter II, of undertakings related to the provision of broadband services, and shall take all feasible steps to effect such efficient review. Unless contrary to federal requirements, any review of pole attachments shall be conducted using a systemic approach.
Vermont
2019
24 V.S.A. 1913
COMMUNICATIONS PLANT; OPERATION AND REGULATION
Category: Competition and regulation
Topic: Municipal Broadband
Allows municipalities to enter into public-private partnerships to operate communications facilities.
State Code
(f) Notwithstanding any other provision of law to the contrary, a municipality may enter into a public-private partnership for the purpose of exercising its authority under this subchapter regarding the provision of communications services. A municipality may contract with a private entity to operate and manage a communications plant owned by the municipality or may contract with a private entity to co-own, operate, or manage a communications plant. A communications plant that is the subject of a public-private partnership authorized by this subsection may be financed in whole or in part pursuant to this chapter and chapter 53, subchapter 2 of this title, provided the municipality first issues a request for proposals seeking an Internet service provider to serve or to assist with serving unserved and underserved locations targeted by the issuing municipality. The terms of such a partnership shall specify that the owner or owners of the communications plant, as applicable, shall be responsible for debt service.
Vermont
2019
3 V.S.A. 3301
AGENCY OF DIGITAL SERVICES; CREATED
Category: Broadband programs
Topic: Agency
Creates the Agency for Digital Services within the executive branch and requires it to support statewide broadband expansion efforts by purchasing telecommunications services and facilities for the state, sharing bandwidth, and establishing collocation arrangements with providers.
State Code
(a) The Agency of Digital Services is created to provide information technology services and solutions in State government. The cost of the oversight, monitoring, and control shall be assessed to the entity requesting the activity. The Agency shall have all the responsibilities assigned to it by law, including the following: … (13) Support the statewide development of broadband telecommunications infrastructure and services, in a manner consistent with the telecommunications plan prepared pursuant to 30 V.S.A. �_ 202d and community development objectives established by the Agency of Commerce and Community Development, by: (A) purchasing telecommunications services or facilities at rates competitive within the national marketplace; (B) sharing bandwidth with service providers or other users; (C) establishing equipment colocation arrangements with service providers; or (D) making other reasonable arrangements.
Vermont
2017
3 V.S.A. 348
Internet service providers; net neutrality compliance
Category: Competition and regulation
Topic: Net Neutrality
Establishes conditions for net neutrality compliance, requiring internet service providers (ISPs) to demonstrate that they do not block lawful content, impair or degrade lawful internet traffic, engage in paid prioritization, or unreasonably interfere with customer access and choice or an edge provider's ability to make content available. Further requires that ISPs provide customers with accurate information on network management practices and commercial terms of service.
State Code
(b) A certificate of net neutrality compliance shall be granted to an Internet service provider that demonstrates and the Secretary finds that the Internet service provider, insofar as the provider is engaged in the provision of broadband Internet access service: (1) Does not engage in any of the following practices in Vermont: (A) Blocking lawful content, applications, services, or nonharmful devices, subject to reasonable network management. (B) Impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service or the use of a nonharmful device, subject to reasonable network management. (C) Engaging in paid prioritization, unless this prohibition is waived pursuant to subsection (c) of this section. (D) Unreasonably interfering with or unreasonably disadvantaging either a customer's ability to select, access, and use broadband Internet access service or lawful Internet content, applications, services, or devices of the customer's choice or an edge provider's ability to make lawful content, applications, services, or devices available to a customer. Reasonable network management shall not be considered a violation of this prohibition. (E) Engaging in deceptive or misleading marketing practices that misrepresent the treatment of Internet traffic or content to its customers.
Vermont
2017
3 V.S.A. 348 (d) (1)
Internet service providers; net neutrality compliance
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband internet access service as a mass market retail service by radio or wire that can transmit and receive data from internet endpoints, and functionally equivalent services.
State Code
"Broadband Internet access service" means a mass-market retail service by wire or radio in Vermont that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. The term also encompasses any service in Vermont that the Secretary finds to be providing a functional equivalent of the service described in this subdivision, or that is used to evade the protections established in this chapter.
Vermont
2017
3 V.S.A. 349
State contracting; Internet service
Category: Competition and regulation
Topic: Net Neutrality
Directs the secretary of administration to include a requirement that state procurement contracts for broadband internet access service certify that the internet service provider is complying with state consumer protection and net neutrality standards.
State Code
The Secretary of Administration shall include in Administrative Bulletin 3.5 a requirement that State procurement contracts for broadband Internet access service, as defined in subdivision 348(d)(3) of this title, include terms and conditions requiring that the Internet service provider certify that it is in compliance with the consumer protection and net neutrality standards established in section 348 of this title.
Vermont
2014
30 V.S.A. 202c
State telecommunications; policy and planning (Goal)
Category: Broadband programs
Topic: Goal
Defines the legislative intent for Vermont’s state telecommunications policy, which includes supporting broadband deployment. Establishes the goal that by 2024, every E-911 business and residential location in the state has access to internet service at Speed of 100 megabits per second for uploads and downloads.
State Code
(a) The General Assembly finds that advances in telecommunications technology and changes in federal regulatory policy are rapidly reshaping telecommunications services, thereby promising the people and businesses of the State communication and access to information, while creating new challenges for maintaining a robust, modern telecommunications network in Vermont. (b) Therefore, to direct the benefits of improved telecommunications technology to all Vermonters, it is the purpose of this section and section 202d of this title to: (8) support deployment of broadband infrastructure that: (A) uses the best commercially available technology; (B) does not negatively affect the ability of Vermont to take advantage of future improvements in broadband technology or result in widespread installation of technology that becomes outmoded within a short period after installation; (9) in the deployment of broadband infrastructure, encourage the use of existing facilities, such as existing utility poles and corridors and other structures, in preference to the construction of new facilities or the replacement of existing structures with taller structures; and (10) support measures designed to ensure that by the end of the year 2024 every E-911 business and residential location in Vermont has infrastructure capable of delivering Internet access with service that has a minimum download speed of 100 Mbps and is symmetrical.
Vermont
2014
30 V.S.A. 202c
State telecommunications; policy and planning (Legislative Intent)
Category: Other
Topic: Legislative Intent
Defines the legislative intent for Vermont’s state telecommunications policy, which includes supporting broadband deployment. Establishes the goal that by 2024, every E-911 business and residential location in the state has access to internet service at Speed of 100 megabits per second for uploads and downloads.
State Code
(a) The General Assembly finds that advances in telecommunications technology and changes in federal regulatory policy are rapidly reshaping telecommunications services, thereby promising the people and businesses of the State communication and access to information, while creating new challenges for maintaining a robust, modern telecommunications network in Vermont. (b) Therefore, to direct the benefits of improved telecommunications technology to all Vermonters, it is the purpose of this section and section 202d of this title to: (8) support deployment of broadband infrastructure that: (A) uses the best commercially available technology; (B) does not negatively affect the ability of Vermont to take advantage of future improvements in broadband technology or result in widespread installation of technology that becomes outmoded within a short period after installation; (9) in the deployment of broadband infrastructure, encourage the use of existing facilities, such as existing utility poles and corridors and other structures, in preference to the construction of new facilities or the replacement of existing structures with taller structures; and (10) support measures designed to ensure that by the end of the year 2024 every E-911 business and residential location in Vermont has infrastructure capable of delivering Internet access with service that has a minimum download speed of 100 Mbps and is symmetrical.
Vermont
2019
30 V.S.A. 202d
Telecommunications Plan
Category: Broadband programs
Topic: Plan
Directs the Department of Public Service to prepare a telecommunications plan to serve as the basis of state telecommunications policy. Addresses plan requirement, including addressing the policies and goals in section 202c.
State Code
(a) The Department of Public Service shall constitute the responsible planning agency of the State for the purpose of obtaining for all consumers in the State stable and predictable rates and a technologically advanced telecommunications network serving all service areas in the State. The Department shall be responsible for the provision of plans for meeting emerging trends related to telecommunications technology, markets, financing, and competition. (b) The Department shall prepare the Telecommunications Plan for the State. The Agency of Digital Services, the Agency of Commerce and Community Development, and the Agency of Transportation shall assist the Department in preparing the Plan. The Plan shall be for a 10-year period and shall serve as a basis for State telecommunications policy.
Vermont
2015
30 V.S.A. 202e
Telecommunications and connectivity
Category: Broadband programs
Topic: Agency
Tasks the Department of Public Service, through the Division for Telecommunications and Connectivity, with overseeing broadband. Defines the responsibilities of the division to include access to affordable broadband, near universal statewide availability of mobile telecommunications services, infrastructure investment that supports last-mile connections, continuous upgrading of broadband infrastructure, and efficient use of public and private resources. Defines actions to achieve these goals.
State Code
(a) Among other powers and duties specified in this title, the Department of Public Service, through the Division for Telecommunications and Connectivity, shall promote: (1) access to affordable broadband service to all residences and businesses in all regions of the State, to be achieved in a manner that is consistent with the State Telecommunications Plan; (2) universal availability of mobile telecommunication services, including voice and high-speed data along roadways, and near universal availability statewide; (3) investment in telecommunications infrastructure in the State that creates or completes the network for service providers to create last-mile connection to the home or business and supports the best available and economically feasible service capabilities; (4) the continuous upgrading of telecommunications and broadband infrastructure in all areas of the State to reflect the rapid evolution in the capabilities of available broadband and mobile telecommunications technologies, the capabilities of broadband and mobile telecommunications services needed by persons, businesses, and institutions in the State; and (5) the most efficient use of both public and private resources through State policies by encouraging the development, funding, and implementation of open access telecommunications infrastructure.
Vermont
2015
30 V.S.A. 202f
Telecommunications and Connectivity Advisory Board
Category: Broadband programs
Topic: Task Force
Establishes a Telecommunications and Connectivity Advisory Board to advise the commissioner of public service and defines the board’s composition and responsibilities.
State Code
(a) There is created the Telecommunications and Connectivity Advisory Board for the purpose of making recommendations to the Commissioner of Public Service regarding his or her telecommunications responsibilities and duties as provided in this section. The Connectivity Advisory Board shall consist of eight members, seven voting and one nonvoting
Vermont
2015
30 V.S.A. 209
Jurisdiction; general scope
Category: Infrastructure access
Topic: Pole attachments
Directs the Public Utility Commission to adopt rules on pole attachments by companies subject to regulation under this section. Defines broadband providers as “attaching entities” with rights to attach whether those companies are subject to regulation by the Public Service Commission.
State Code
(i) Pole attachments; broadband. For the purposes of Commission rules on attachments to poles owned by companies subject to regulation under this title, broadband service providers shall be considered "attaching entities" with equivalent rights to attach facilities as those provided to "attaching entities" in the rules, regardless of whether such broadband providers offer a service subject to the jurisdiction of the Commission. The Commission shall adopt rules in accordance with 3 V.S.A. chapter 25 to further implement this section. The rules shall be aimed at furthering the State's interest in ubiquitous deployment of mobile telecommunications and broadband services within the State.
Vermont
2007
30 V.S.A. 2502
Lines of wires along highways; wireless telecommunications facilities; broadband facilities construction; restriction
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows access to highway right of way for constructing and maintaining wireless facilities and broadband infrastructure if it does not interfere with highway repairs or travel.
State Code
Lines of telegraph, telephone, and electric wires, as well as two-way wireless telecommunications facilities and broadband facilities, may, subject to the provisions of 19 V.S.A. § 1111, be constructed and maintained by a person or corporation upon or under a highway, in such manner as not to interfere with repairs of such highway or the public convenience in traveling upon or using the same.
Vermont
2007
30 V.S.A. 2513
Lines along railroad tracks; wireless and other telecommunications facilities
Category: Infrastructure access
Topic: Rights-of-way (Railroad)
Allows wireless telecommunications and broadband facilities to be placed and maintained in railroad right of way in the manner of other utilities upon paying reasonable compensation to the railroad.
State Code
(a) A company subject to the jurisdiction of the Public Utility Commission may erect and maintain its telecommunications or electric transmission and distribution lines and facilities along the sides of railroad tracks within the limits of lands owned or held by a railroad on paying reasonable compensation to the railroad. If they cannot agree upon the amount of reasonable compensation, it shall be determined by the Transportation Board which shall ascertain the compensation. (b) Wireless telecommunications and broadband facilities may be erected and maintained within the limits of lands owned or held by a railroad in the same manner as other utility facilities.
Vermont
1999
30 V.S.A. 3001a
Purpose
Category: Competition and regulation
Topic: Cooperatives
Defines providing internet access as an allowable purpose of an electric cooperative.
State Code
Cooperatives may be organized under this chapter for the purpose of creating or supplying energy, cable television, telecommunications, interactive media, and Internet access and facilitating and extending the use thereof, and in addition, any other lawful business not inconsistent with this chapter that utilizes the electric distribution facilities of the cooperative.
Vermont
1999
30 V.S.A. 3002
Powers
Category: Competition and regulation
Topic: Cooperatives
Defines the powers of electric cooperatives, including to provide internet access to its members, government agencies, and local jurisdictions.
State Code
A cooperative shall have power: (1) To sue and be sued in its corporate name. (2) To have perpetual existence. (3) To adopt a corporate seal and alter the same. (4) To generate, manufacture, purchase, acquire, accumulate, and transmit electric energy; and to distribute, sell, supply, and dispose of energy, cable television, telecommunications, interactive media, and Internet access to its members, to governmental agencies and political subdivisions; provided, however, that in the generation of electric energy by water power, a cooperative shall comply with the provisions of 10 V.S.A. §§ 1081-1099, relating to the construction and maintenance of dams and, provided further, that a cooperative doing any activity governed by this title shall be regulated hereunder for that activity.
Vermont
1999
30 V.S.A. 3043
Formation of cooperatives by cooperatives
Category: Competition and regulation
Topic: Cooperatives
Allows one or more cooperatives to form a cooperative, including to provide internet access services.
State Code
(a) Notwithstanding any other provision of this chapter, one or more cooperatives formed under the provisions of this chapter may organize and control a cooperative having as its principal purpose the generation, manufacture, purchase, acquisition, accumulation, transmission, sale, supply, and disposal of energy, cable television, telecommunications, interactive media, and Internet access. Such a cooperative shall have all of the powers of cooperatives formed under the provisions of this chapter.
Vermont
2020
30 V.S.A. 3051 et seq.
Communications Union Districts
Category: Competition and regulation
Topic: Municipal Broadband
Allows two or more towns and cities to form a communications union district for the delivery of communications services, including broadband. Grants such districts the right to generate revenue, appropriate funding, and enter into financing agreements as necessary to provide communications services for its members.
State Code
(a) Two or more towns and cities may elect to form a communications union district for the delivery of communications services and the operation of a communications plant, which district shall be a body politic and corporate.
(b) A town or city electing to form a district under this chapter shall submit to the eligible voters of such municipality a proposition in substantially the following form: "Shall the Town of ______ enter into a communications union district to be known as ______, under the provisions of 30 V.S.A. chapter 82?" at an annual or special meeting of such town or city.
(c) Additional towns or cities may be admitted to the district in the manner provided in section 3082 of this chapter...(a) In addition to the powers enumerated in 24 V.S.A. § 4866, and, subject to the limitations and restrictions set forth in section 3056 of this chapter, a district created under this chapter shall have the power to:
(1) operate, cause to be operated, or contract for the construction, ownership, management, financing, and operation of a communications plant for the delivery of communications services, as provided in 24 V.S.A. chapter 54, and all enactments supplementary and amendatory thereto;
(2) purchase, sell, lease, own, acquire, convey, mortgage, improve, and use real and personal property in connection with its purpose;
(3) hire and fix the compensation and terms of employment of employees;
(4) sue and be sued;
(5) enter into contracts for any term or duration;
(6) contract with architects, engineers, financial and legal consultants, and others for professional services;
(7) contract with individuals, corporations, associations, authorities, and agencies for services and property, including the assumption of the liabilities and assets thereof;
(8) provide communications services for its district members, including the residential and business locations located therein; and also provide communications services for such other residential and business locations as its facilities and obligations may allow, provided such other locations are in a municipality that is contiguous with the town limits of a district member, and further provided such other locations do not have access to Internet service capable of speeds that meet or exceed the current speed requirements for funding eligibility under the Connectivity Initiative, section 7515b of this title.
(9) contract with the State of Vermont, the United States of America, or any subdivision or agency thereof for services, assistance, and joint ventures;
(10) contract with any municipality for the services of any officers or employees of that municipality useful to it;
(11) promote cooperative arrangements and coordinated action among its members and other public and private entities;
(12) make recommendations for review and action to its members and other public agencies which perform functions within the region in which its members are located;
(13) exercise any other powers which are necessary or desirable for dealing with communications matters of mutual concern and that are exercised or are capable of exercise by any of its members;
(14) enter into financing agreements as provided by 24 V.S.A. § 1789 and chapter 53, subchapter 2, or other provisions of law authorizing the pledge of net revenue, or alternative means of financing capital improvements and operations;
(15) establish a budget to provide for the funding thereof out of general revenue of the district;
(16) appropriate and expend monies;
(17) establish sinking and reserve funds for retiring and securing its obligations;
(18) establish capital reserve funds and make appropriations thereto for communications plant improvements and the financing thereof;
(19) enact and enforce any and all necessary or desirable bylaws for the orderly conduct of its affairs for carrying out its communications purpose and for protection of its communications property;
(20) solicit, accept, and administer gifts, grants, and bequests in trust or otherwise for its purpose;
(21) exercise all powers incident to a public corporation;
(22) adopt a name under which it shall be known and shall conduct business; and
(23) establish an effective date of its creation.
Vermont
2007
30 V.S.A. 517
Line extensions
Category: Competition and regulation
Topic: Service Provision - Other
Allows the Public Utility Commission to modify line extension that a company would be required to construct if the company agrees to take actions, including extending facilities to support broadband delivery to users. The commission is to consider whether the proposal will provide access to a greater number of unserved and underserved consumers at a price point comparable to those services commonly available throughout the state.
State Code
(b) Upon petition of a company, the Commission shall modify the line extensions that a company would otherwise be required to construct if the company agrees to undertake alternative actions, including the extension of facilities that support alternative technologies for delivering broadband to users. Copies of the petition shall be filed with the Department and the Vermont Telecommunications Authority. The Commission shall approve such alternative methods of satisfying line extension requirements after notice and opportunity for hearing if it finds the petition promotes the general good of the State. In reaching its determination, the Commission shall consider whether the company's proposal: (1) is consistent with the activities and initiatives of the Vermont Telecommunications Authority; (2) is likely to provide broadband access to a greater number of unserved consumers than would the foregone cable television line extension requirements; (3) supports the expansion of broadband services at prices and service levels comparable to those commonly available throughout the State, but not less than the minimum technical service characteristics required by section 8077 of this title;
Vermont
2019
30 V.S.A. 7515
High-Cost Program
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Defines the Universal Service Charge to include supporting access to broadband in all parts of the state. Requires Vermont eligible telecommunications carriers (VETCs) to provide voice telephony and internet access service directly or through an affiliate. Further requires VETCs receiving support in high cost areas to make capital investments in broadband infrastructure to provide speeds of at least 25 megabits per second (Mbps) download and 3 Mbps upload within five years of designation as a VETC.
State Code
(a) The Universal Service Charge shall be used as a means of keeping basic telecommunications service affordable in all parts of this State, thereby maintaining universal service, and as a means of supporting access to broadband service in all parts of the State. (b) The Public Utility Commission, after review of a petition of a company holding a certificate of public good to provide telecommunications service in Vermont, and upon finding that the company meets all requirements for designation as an "eligible telecommunications carrier" as defined by the FCC, may designate the company as a Vermont-eligible telecommunications carrier (VETC). (c) The supported services a designated VETC must provide are voice telephony services, as defined by the FCC, and broadband Internet access, directly or through an affiliate. A VETC receiving support under this section shall use that support for capital improvements in high-cost areas, as defined in subsection (f) of this section, to build broadband capable networks. ... (g) Except as provided in subsection (h) of this section, a VETC shall provide broadband Internet access at speeds no lower than 25 Mbps download and 3 Mbps upload in each high-cost area it serves within five years of designation. A VETC need not provide broadband service to a location that has service available from another service provider, as determined by the Department of Public Service.
Vermont
2015
30 V.S.A. 7515b
Connectivity Initiative (Mapping)
Category: Broadband programs
Topic: Mapping
Establishes a Connectivity Initiative to deploy high-speed internet to all service locations in Vermont at Speed of at least 10 megabits per second (Mbps) download and 1 Mbps upload. Directs the Public Service Department to publish a list of census blocks eligible for funding on an annual basis and to solicit proposals from providers to deploy service to those census blocks.
State Code
(b) The Department of Public Service shall publish annually a list of census blocks eligible for funding based on the Department's most recent broadband mapping data. The Department annually shall solicit proposals from service providers to deploy broadband to eligible census blocks. The Department shall give priority to proposals that reflect the lowest cost of providing services to unserved and underserved locations; however, the Department also shall consider: (1) the proposed data transfer rates and other data transmission characteristics of services that would be available to consumers; (2) the price to consumers of services; (3) the proposed cost to consumers of any new construction, equipment installation service, or facility required to obtain service; (4) whether the proposal would use the best available technology that is economically feasible; (5) the availability of service of comparable quality and speed; and (6) the objectives of the State's Telecommunications Plan.
Vermont
2015
30 V.S.A. 7515b
Connectivity Initiative (State Universal Service Fund)
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Establishes a Connectivity Initiative to deploy high-speed internet to all service locations in Vermont at Speed of at least 10 megabits per second (Mbps) download and 1 Mbps upload. Directs the Public Service Department to publish a list of census blocks eligible for funding on an annual basis and to solicit proposals from providers to deploy service to those census blocks.
State Code
(b) The Department of Public Service shall publish annually a list of census blocks eligible for funding based on the Department's most recent broadband mapping data. The Department annually shall solicit proposals from service providers to deploy broadband to eligible census blocks. The Department shall give priority to proposals that reflect the lowest cost of providing services to unserved and underserved locations; however, the Department also shall consider: (1) the proposed data transfer rates and other data transmission characteristics of services that would be available to consumers; (2) the price to consumers of services; (3) the proposed cost to consumers of any new construction, equipment installation service, or facility required to obtain service; (4) whether the proposal would use the best available technology that is economically feasible; (5) the availability of service of comparable quality and speed; and (6) the objectives of the State's Telecommunications Plan.
Vermont
2015
30 V.S.A. 7515b (a)
Connectivity Initiative (Definition - Underserved)
Category: Definitions
Topic: Definition - Underserved
Defines an underserved area as having speeds that exceed satellite and dial-up but are less than 4 megabits per second (Mbps) download and 1 Mbps upload.
State Code
"underserved" means a location having access to Internet service with speeds that exceed satellite and dial-up speeds but are less than 4 Mbps download and 1 Mbps upload.
Vermont
2015
30 V.S.A. 7515b (a)
Connectivity Initiative (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines an unserved area as having access only to satellite or dial-up internet.
State Code
As used in this section, "unserved" means a location having access to only satellite or dial-up Internet service
Vermont
2019
30 V.S.A. 7515b(a)
Connectivity Initiative
Category: Broadband programs
Topic: Goal
Declares the purpose of the Connectivity Initiative to be to provide all service locations in Vermont with speeds of at least 25 megabits per second (Mbps) download and 3 Mbps upload, or at least the minimum broadband speed as defined by the FCC, whichever is higher.
State Code
(a) The purpose of the Connectivity Initiative is to provide each service location in Vermont access to Internet service that is capable of speeds of at least 25 Mbps download and 3 Mbps upload, or the FCC speed requirements established under Connect America Fund Phase II, whichever is higher, beginning with locations not served as of December 31, 2013 according to the minimum technical service characteristic objectives applicable at that time.
Vermont
2019
30 V.S.A. 7516
Connectivity Fund (Agency)
Category: Broadband programs
Topic: Agency
Creates the position of rural broadband technical assistance specialist, whose role is to assist communities, local governments, nonprofits, cooperatives, and businesses with broadband expansion.
State Code
(b) Of the money transferred to the Connectivity Fund pursuant to subsection 7523(b) of this title, up to $120,000.00 shall be appropriated annually to the Department of Public Service to fund a Rural Broadband Technical Assistance Specialist whose duties shall include providing outreach, technical assistance, and other support services to communications union districts established pursuant to chapter 82 of this title and other units of government, nonprofit organizations, cooperatives, and for-profit businesses for the purpose of expanding broadband service to unserved and underserved locations. Support services also may include providing business model templates for various approaches, including formation of or partnership with a cooperative, a communications union district, a rural economic development infrastructure district, an electric utility, or a new or existing Internet service provider as operator of the network.
Vermont
2015
30 V.S.A. 7516
Connectivity Fund (Fund - Broadband)
Category: Funding and financing
Topic: Fund - Broadband
Creates a Connectivity Fund to support the high-cost program. Funds are distributed between the high-cost program (45 percent) and the Connectivity Initiative (55 percent).
State Code
There is created a Connectivity Fund for the purpose of providing support to the High-Cost Program established under section 7515 of this chapter and the Connectivity Initiative established under section 7515b of this chapter. The fiscal agent shall determine annually, on or before September 1, the amount of monies available to the Connectivity Fund. Such funds shall be apportioned as follows: 45 percent to the High-Cost Program and 55 percent to the Connectivity Initiative.
Vermont
2007
30 V.S.A. 8091
Access to facilities
Category: Infrastructure access
Topic: IA - Other
Requires electric and gas companies to allow for the construction of communications facilities, including broadband facilities, when constructing or substantially reconstructing electric and gas lines.
State Code
(a) Any company shall allow and enable access to its plant and equipment where possible for the installation and maintenance of communications facilities by communications service providers. (b) When constructing or substantially reconstructing lines or structures used for electric or gas transmission or electric distribution, a company shall allow for the construction and maintenance of communications facilities thereupon if requested by a communications service provider. (c) Access and services required by this section shall be subject to regulation by the Public Utility Commission and the Department of Public Service and shall be offered on rates, terms, and conditions, including terms of ownership of facilities, established in section 8092 of this chapter, except that services under tariffs developed pursuant to Public Utility Commission rules regarding pole attachments shall be governed by those rules.
Vermont
2011
30 V.S.A. 8092
Rates; terms; conditions
Category: Infrastructure access
Topic: IA - Other
Requires electric and gas companies to register a statement with rates, terms, and conditions for attachments with the Public Utility Commission. The statement must include the types of communications companies for which requests are most likely and the goals of expanding broadband and wireless service, among other factors.
State Code
(a) Any company providing electric or gas service under Public Utility Commission jurisdiction pursuant to this title shall prepare and file with the Public Utility Commission, with a copy provided to the Commissioner of Public Service and the Director for Public Advocacy, a statement of generally available rates, terms, and conditions for attachments and installations required under section 8091 of this chapter. The nature and specificity of such statement may take into account the nature and size of the company, an assessment of the types of communications facilities for which requests are most likely, and such other factors as necessary to ensure that the rates, terms, and conditions set forth in the statement are sufficiently flexible to meet the capacities of the company, the interests of the company's ratepayers, and the goal of facilitating broadband and wireless service.
Vermont
2007
30 V.S.A. 8096
Legislative Intent
Category: Other
Topic: Legislative Intent
States legislative intent to increase access to and improve mobile telecommunications and broadband services in underserved areas.
State Code
The General Assembly intends that this chapter will result in improved and increased access to mobile telecommunications and broadband services for all underserved Vermont households and businesses.
Vermont
2017
4 V.S.A. 27a
Contracts for Internet service
Category: Competition and regulation
Topic: Net Neutrality
Requires all judicial branch contracts for broadband internet access service to include terms and conditions requiring that the provider certify that it is in compliance with consumer protection and net neutrality standards.
State Code
Every contract to provide broadband Internet access service, as defined in 3 V.S.A. § 348(d)(1), for the Judicial Branch shall include terms and conditions requiring that the Internet service provider certify that it is in compliance with the consumer protection and net neutrality standards established in 3 V.S.A. § 348.
Vermont
2007
5 V.S.A. 3431
Railroad right of way
Category: Infrastructure access
Topic: Rights-of-way (Railroad)
Addresses use of railroad right of way owned by states and municipalities when railroad operations cease. States that broadband, wireless, and other telecommunications facilities installed along or within the railroad right of way and compliant with installation and safety standards at the time of installation are consistent with existing and future transportation purposes.
State Code
Notwithstanding the provisions of 1 V.S.A. § 213, when railroad operations cease on railroad rights-of-way owned by the State or municipality, the title or interest held by the State or municipality in such rights-of-way shall be retained by the State or municipality for future transportation purposes and such other purposes as are not inconsistent with future transportation purposes; except that such rights-of-way shall not be used by members of the general public without permission of the State or municipality. The State or municipality shall allow abutting farm operations to use the land over which the rights-of-way pass for agricultural purposes. Unless use and occupancy of railroad rights-of-way adversely affect railroad safety, broadband facilities and wireless and other telecommunications facilities that are installed along or within the railroad right-of-way in compliance with applicable operations and safety standards at the time of installation are consistent with existing and future transportation purposes.
Vermont
2017
9 V.S.A. 2466c
Internet service; network management; Attorney General review and disclosure
Category: Competition and regulation
Topic: Net Neutrality
Directs the attorney general to review network management practices of internet service providers and prepare a report on whether they comply with the FCC's 2015 Open Internet Order. The findings are to be publicly posted on the attorney general's website.
State Code
(a) The Attorney General shall review the network management practices of Internet service providers in Vermont and, to the extent possible, make a determination as to whether the provider's broadband Internet access service complies with the open Internet rules contained in the Federal Communications Commission's 2015 Open Internet Order , "Protecting and Promoting the Open Internet," WC Docket No. 14-28, Report and Order on Remand, Declaratory Ruling and Order , 30 FCC Rcd 5601. (b) The Attorney General shall disclose his or her findings under this section on a publicly available, easily accessible website maintained by his or her office.
Vermont
2019
Vt. 2019, No. 79, sec. 10
Department of Public Service; Broadband Innovation Grant Program
Category: Funding and financing
Topic: Fund - Broadband
Creates a grant program to fund feasibility studies for broadband deployment in rural unserved and underserved areas.
State Code
(a) There is established the Broadband Innovation Grant Program to be administered by the Commissioner of Public Service. The purpose of the Program is to fund feasibility studies related to the deployment of broadband in rural unserved and underserved areas of Vermont.
Vermont
2018
Vt. Executive Order No. 2-18
Internet Neutrality in State Procurement
Category: Competition and regulation
Topic: Net Neutrality
Requires state agencies to contract only with internet service providers who agree to abide by the principals of net neutrality, meaning that they refrain from blocking lawful content, throttling traffic on the basis of content, engaging in paid prioritization, or interfering with customers' ability to access or make available lawful content.
State Code
I. All State Agency contracts with Internet service providers shall include net neutrality protections, and specifically state that Internet service providers shall not: A. Block lawful content, applications, services, or nonharmful devices, subject to reasonable network management that is disclosed to its customers; B. Throttle, impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management that is disclosed to its customers; C. Engage in paid prioritization or providing preferential treatment of some Internet traffic to any Internet customer; D. Unreasonably interfere with or unreasonably disadvantage either: i. A customer_��s ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of their choice; or ii. An edge providers_�� ability to make lawful content, applications, services, or devices available to a customer
Virginia
no date
Va. Code 15.2-2160
Provision of telecommunications services
Category: Competition and regulation
Topic: Municipal Broadband
Allows a locality that operates its own electric distribution system to provide telecommunications services, internet access, broadband, and data to any locality within 75 miles of its service area. Requires localities to provide for-profit providers first-come, first-served access to poles, conduit, and other distribution facilities owned or leased by the locality. Prohibits the locality from cross-subsidizing revenue received from providing telecommunications services. Prohibits acquiring facilities through eminent domain.
State Code
A. Any locality that operates an electric distribution system may provide telecommunications services, including local exchange telephone service as defined in § 56-1, within or outside its boundaries if the locality obtains a certificate pursuant to § 56-265.4:4. Such locality may provide telecommunications services within any locality in which it has electric distribution system facilities as of March 1, 2002. Any locality providing telecommunications services on March 1, 2002, may provide telecommunications, Internet access, broadband, information, and data transmission services within any locality within 75 miles of the geographic boundaries of its electric distribution system as such system existed on March 1, 2002. The BVU Authority may provide telecommunications, Internet access, broadband, information, and data transmission services as provided in the BVU Authority Act (§ 15.2-7200 et seq.).
Virginia
2018
Va. Code 15.2-2223
Comprehensive plan to be prepared and adopted; scope and purpose
Category: Broadband programs
Topic: Plan
Requires local planning commission to prepare a comprehensive plan. Requires that it consider current and future broadband needs for residents and businesses.
State Code
The comprehensive plan shall consider strategies to provide broadband infrastructure that is sufficient to meet the current and future needs of residents and businesses in the locality. To this end, local planning commissions may consult with and receive technical assistance from the Center for Innovative Technology, among other resources.
Virginia
2018
Va. Code 15.2-2316.3 et seq.
Zoning for Wireless Communications Infrastructure
Category: Infrastructure access
Topic: Wireless facilities
Addresses allowable local zoning requirements for wireless facilities and support structures, as well as allowable permitting fees and review timelines. Defines reasons for which localities may not reject an application, including the applicant’s business decision or need for the project or the wireless technology selected. Outlines requirements the locality may not impose, including providing proprietary or confidential information or removing existing structures or facilities. Prohibits localities from requiring zoning approval for routine maintenance or replacement of wireless facilities within a 6-foot perimeter of existing facilities and from adopting a moratorium on considering zoning applications by wireless internet service providers or wireless infrastructure providers. Allows localities to require permits for work in rights-of-way and to limit the number of structures or facilities that can be installed at a location.
State Code
15.2-2316.4. Zoning; small cell facilities. A. A locality shall not require that a special exception, special use permit, or variance be obtained for the installation or construction of an administrative review-eligible project but may require administrative review for the issuance of any zoning permit, or an acknowledgement that zoning approval is not required, for such a project. B. A locality may charge a reasonable fee for each application submitted under subsection A or for any zoning approval required for a standard process project. The fee shall not include direct payment or reimbursement of third-party fees charged on a contingency basis or a result-based arrangement. Upon request, a locality shall provide the applicant with the cost basis for the fee.
Virginia
2017
Va. Code 15.2-2316.4
Zoning; small cell facilities
Category: Infrastructure access
Topic: Small cell facilities
Addresses local zoning authority for small cell facilities collocated on existing structures. Requires localities to approve or disapprove the application within 60 days and sets caps on permit fees of $100 for up to five facilities on a permit application and $50 for each additional facility.
State Code
A locality shall not require that a special exception, special use permit, or variance be obtained for any smallcell facility installed by a wireless services provider or wireless infrastructure provider on an existing structure, provided that the wireless services provider or wireless infrastructure provider (i) has permission from the owner of the structure to co-locate equipment on that structure and (ii) notifies the locality in which the permitting process occurs. B. Localities may require administrative review for the issuance of any required zoning permits for the installation of a small cell facility by a wireless services provider or wireless infrastructure provider on an existing structure. Localities shall permit an applicant to submit up to 35 permit requests on a single application.
Virginia
2019
Va. Code 15.2-2403
Powers of service districts (Municipal Broadband)
Category: Competition and regulation
Topic: Municipal Broadband
Allows local governments to contract with a private broadband provider to provide service to unserved areas.
State Code
After adoption of an ordinance or ordinances or the entry of an order creating a service district, the governing body or bodies shall have the following powers with respect to the service districts: _�_ 15. To contract with a nongovernmental broadband service provider who will construct, maintain, and own communications facilities and equipment required to facilitate delivery of last-mile broadband services to unserved areas of the service district, provided that the locality documents that less than 10 percent of residential and commercial units within the project area are capable of receiving broadband service at the time the construction project is approved by the locality.
Virginia
2019
Va. Code 15.2-2403
Powers of service districts (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 10 Mbps / 1 Mbps)
Defines broadband as 10 megabits per second (Mbps) download speed and 1 Mbps upload speed for the purpose of establishing whether a local government can contract with a provider to serve the area. The Virginia Telecommunications Initiative may alter this threshold as it sees fit.
State Code
"Broadband" means Internet access at speeds greater than 10 Mbps download speed and one Mbps upload speed, provided that the Department of Housing and Community Development for its Virginia Telecommunication Initiative may by guidelines modify such speeds from time to time.
Virginia
2019
Va. Code 15.2-2403
Powers of service districts (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines unserved areas as areas in which less than 10 percent of residents and businesses have access to broadband for the purpose of establishing whether a local government can contract with a provider to serve the area. The Virginia Telecommunications Initiative may alter the percentage as it sees fit.
State Code
"Area unserved by broadband" means a designated area in which less than 10 percent of residential and commercial units are capable of receiving broadband service, provided that the Department of Housing and Community Development for its Virginia Telecommunication Initiative may by guidelines modify such percentage from time to time.
Virginia
2009
Va. Code 15.2-2419 et seq.
Virginia Broadband Infrastructure Loan Fund
Category: Funding and financing
Topic: Fund - Broadband
Creates the Broadband Infrastructure Loan Fund to be managed by the Virginia Resources Authority and funded by appropriations from the General Assembly, receipts from loans made to local governments, income from investment of moneys in the fund, and other designated public or private sources. Requires that loans from the fund be made to local governments to finance or refinance the cost of broadband projects and not exceed the total cost of the subject project. The Virginia Resources Authority may enter into different loan terms and conditions with local governments. Directs the authority to give priority to projects that are maintained and operated by private industry, demonstrate regional cooperation between two or more local governments, or are located in unserved areas.
State Code
15.2-2420. Creation and management of Fund. There shall be set apart as a permanent and perpetual fund, to be known as the Virginia Broadband Infrastructure Loan Fund, consisting of such sums that may be appropriated to the Fund by the General Assembly, all receipts by the Fund from loans made by it to local governments, all income from the investment of moneys held in the Fund, and any other sums designated for deposit to the Fund from any source public or private. The Fund shall be administered and managed by the Authority as prescribed in this chapter. The Authority shall establish guidelines regarding the distribution of loans or grants from the Fund, prioritization of such loans and grants, and shall establish interest rates and repayment terms of such loans as provided in this chapter. The Authority may disperse from the Fund its reasonable costs and expenses incurred in the administration and management of the Fund.
Virginia
2018
Va. Code 2.2-115
Commonwealth’s Development Opportunity Fund
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Creates a Commonwealth Development Opportunity Fund to attract economic development and support expansion of existing industry. The fund can be used to support public and private installation, extension, or capacity development of high-speed or broadband internet access.
State Code
D. Funds may be used for public and private utility extension or capacity development on and off site; public and private installation, extension, or capacity development of high-speed or broadband Internet access, whether on or off site; road, rail, or other transportation access costs beyond the funding capability of existing programs; site acquisition; grading, drainage, paving, and any other activity required to prepare a site for construction; construction or build-out of publicly or privately owned buildings; training; or grants or loans to an industrial development authority, housing and redevelopment authority, or other political subdivision for purposes directly relating to any of the foregoing. However, in no case shall funds from the Fund be used, directly or indirectly, to pay or guarantee the payment for any rental, lease, license, or other contractual right to the use of any property.
Virginia
2015
Va. Code 2.2-1150.2
Use of communication towers for deployment of wireless broadband services in unserved areas of the commonwealth
Category: Infrastructure access
Topic: Wireless facilities
Directs state departments and agencies with responsibility for state-owned towers in underserved areas to lease or convey licenses to qualified telecommunications providers to facilitate the deployment of wireless broadband service.
State Code
B. Notwithstanding any provision of § 2.2-1156 to the contrary, any state department, agency, or institution having responsibility for a state-owned communication tower in an unserved area, subject to guidelines adopted by the Department, shall lease or convey a license or other interest in the communication tower to a qualified provider in order to permit the use of the communication tower by the qualified provider in its deployment of wireless broadband service within the unserved area or portion thereof. This requirement is subject to the qualified provider presenting to the Department: 1. A spectrum and certified structural analysis of the tower that demonstrates that: a. The new service will not interfere with current equipment; b. No structural element is beyond 85 percent capacity based on current and previously documented future loads; and c. The tower meets the industry standards set forth by ANSI/TIA/EIA 222-F; and 2. Proof that the tower satisfies all applicable local government requirements.
Virginia
2015
Va. Code 2.2-1150.2 (A)
Use of communication towers for deployment of wireless broadband services in unserved areas of the commonwealth (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines wireless broadband service as an internet connection service that transmits data using a wireless link between a fixed location and the internet service provider’s facility at a speed of at least 256 kilobits per second in one direction.
State Code
"Wireless broadband service" means an Internet connection service capable of transmitting information at a rate that is not less than 256 kilobits per second in at least one direction using a wireless link between a fixed location and the Internet service provider's facility. It does not include wireless fidelity technology used in conjunction with dedicated subscriber line service or cable service to connect devices within a facility to the Internet via a broadband connection.
Virginia
2015
Va. Code 2.2-1150.2 (A)
Use of communication towers for deployment of wireless broadband services in unserved areas of the commonwealth (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines an unserved area as any area that does not have access to terrestrial or radio frequency internet service.
State Code
"Unserved area" means any area within the Commonwealth that is demonstrated not to have access to terrestrial broadband or radio frequency Internet service.
Virginia
2020
Va. Code 2.2-1151.1
Conveyances of right-of-way usage to certain nonpublic service companies by the Department of Transportation
Category: Infrastructure access
Topic: Permitting
States that the Virginia Department of Transportation can issue land use permits to public service companies, firms that own or operate interstate natural gas pipelines, social welfare organizations that operate wholesale open-access fiber networks, and franchised cable television systems operators that own or operate utility lines.
State Code
A. As used in this section:"Department" means the Virginia Department of Transportation."Developer" means a person who undertakes to develop real estate."Social welfare organization" means an organization as defined in § 501(c)(4) of the Internal Revenue Code.
B. No land use permit shall be issued by the Department to any company other than a public service company as defined in § 56-76, a company owning or operating an interstate natural gas pipeline, a social welfare organization operating a wholesale open-access fiber network, or a franchised cable television systems operator owning or operating a utility line as defined in § 56-265.15, unless such company, organization, or operator has (i) registered as an operator with the appropriate notification center as defined by § 56-265.15 and (ii) notified the commercial and residential developer, owner of commercial, multifamily, or residential real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested that application for the permit has been made. Any permit application approved by the Department shall include an affidavit indicating compliance with the registration and notification requirements provided by this subsection.
C. The provisions of subsection B shall not apply to a land use permit issued by the Department to (i) a person providing utility service solely for his own agricultural or residential use, provided that the utilities are located on property owned by the person, or (ii) the owner of a private residence or business for water or sewer service to cross the Department's right-of-way when no viable alternative exists to provide potable water or to transfer sewer effluent to a qualified drain field. In the case of any application for a land use permit under this subsection, the utilities shall be marked in accord with requirements established by the Department.
D. No performance surety held by the Department in association with a land use permit issued to a company pursuant to subsection B to perform work within the Department's right-of-way shall be released until such time as all claims against the company associated with the work have been resolved, provided a claimant has notified the Department of a claim against such company within 30 days after completion of the work. A claimant shall have no more than one year after the notification is received by the Department to complete any action against the company associated with the work for which the claim has been made. After the expiration of the one-year period, the Department may release the performance surety.
E. Nothing in this section shall be construed or interpreted to create a cause of action or administrative claim against the Department.
Virginia
2020
Va. Code 2.2-205.2
Commonwealth Broadband Chief Advisor
Category: Broadband programs
Topic: Agency
Creates the position of Commonwealth Broadband Chief Advisor within the office of the Virginia Secretary of Commerce and Trade to serve as the commonwealth’s point of contact for broadband issues and efforts, and initiatives to increase the availability and affordability of high-speed service.
State Code
A. The position of Commonwealth Broadband Chief Advisor (Chief Advisor) is hereby established within the office of the Secretary of Commerce and Trade.
1. The purpose of the Chief Advisor is to serve as Virginia's single point of contact and integration for broadband issues, efforts, and initiatives and to increase the availability and affordability of broadband throughout all regions of the Commonwealth.
2. The Chief Advisor shall be selected for his knowledge of, background in, and experience with information technology, broadband telecommunications, and economic development in a private, for-profit, or not-for-profit organization.
B. The Chief Advisor shall be designated by the Secretary of Commerce and Trade. Staff for the Chief Advisor shall be provided by the Center for Innovative Technology (CIT) and the Department of Housing and Community Development (DHCD). All agencies of the Commonwealth shall provide assistance to the Chief Advisor, upon request.
C. The Chief Advisor shall:
1. Integrate activities among different federal and state agencies and departments, and localities, and coordinate with Internet service providers in the Commonwealth;
2. Provide continual research into public grants and loans, in addition to private and nonprofit funding opportunities, available to provide incentives and help defray the costs of broadband infrastructure buildouts and upgrades;
3. Maintain broadband maps, the Integrated Broadband Planning and Analysis Toolbox, and other data to help decision makers understand where broadband needs exist and help develop strategies to address these needs;
4. Continually monitor and analyze broadband legislative and policy activities, as well as investments, in other nations, states, and localities to ensure that the Commonwealth remains competitive and up to date on best practices to address the Commonwealth's unique broadband needs, create efficiencies, target funding, and streamline operations;
5. Monitor the trends in the availability and deployment of and access to broadband communications services, which include, but are not limited to, high-speed data services and Internet access services of general application, throughout the Commonwealth and advancements in communications technology for deployment potential;
6. Research and evaluate emerging technologies to determine the most effective applications for these technologies and their benefits to the Commonwealth;
7. Monitor federal legislation and policy, in order to maximize the Commonwealth's effective use of and access to federal funding available for broadband development programs, including but not limited to the Connect America Fund program;
8. Coordinate with Virginia agencies and departments to target funding activities for the purpose of ensuring that Commonwealth funds are spent effectively to increase economic and social opportunities through widespread and affordable broadband deployment;
9. Coordinate with Virginia agencies and departments, including, but not limited to, DHCD, the Virginia Tobacco Region Revitalization Commission, and the Virginia Resources Authority, to review funding proposals and provide recommendations for Virginia grants and loans for the purpose of ensuring that Commonwealth funds are spent effectively on projects most likely to result in a solid return on investment for broadband deployment throughout the Commonwealth;
10. Serve as a central coordinating position and repository for any broadband-related projects and grants related to the mission herein, including, but not limited to, information from DHCD, the Virginia Tobacco Region Revitalization Commission, the CIT, the Virginia Growth and Opportunity Board, and the Virginia Resources Authority;
11. Support the efforts of both public and private entities within the Commonwealth to enhance or facilitate the deployment of and access to competitively priced advanced electronic communications services and Internet access services of general application throughout the Commonwealth;
12. Specifically work toward establishing affordable, accessible broadband services to unserved areas of the Commonwealth and monitor advancements in communication that will facilitate this goal;
13. Advocate for and facilitate the development and deployment of applications, programs, and services, including but not limited to telework, telemedicine, and e-learning, that will bolster the usage of and demand for broadband level telecommunications;
14. Serve as a broadband information and applications clearinghouse for the Commonwealth and a coordination point for broadband-related services and programs in the Commonwealth;
15. After consultation with the Virginia Growth and Opportunity Board, the Broadband Advisory Council, and the Joint Commission on Technology and Science, (i) develop a strategic plan that includes specific objectives, metrics, and benchmarks for developing and deploying broadband communications, including in rural areas, which minimize the risk to the Commonwealth's assets and encourage public-private partnerships, across the Commonwealth; such strategic plan and any changes thereto shall be submitted to the Governor, the Chairman of the House Appropriations Committee, the Chairman of the Senate Finance Committee, the Chairman of the Joint Commission on Technology and Science, the Chairman of the Broadband Advisory Council, and the Chairman of the Virginia Growth and Opportunity Board and (ii) present to these organizations annually on updates, changes, and progress made relative to this strategic plan, other relevant broadband activities in the Commonwealth, and suggestions to further the objectives of increased broadband development and deployment, including areas such as, but not limited to, the following: education, telehealth, economic development, and workforce development, as well as policies that may facilitate broadband deployment at the state and local level; and
16. Submit to the Governor and the General Assembly an annual report for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports on broadband development and deployment activities that shall include, but not be limited to, the following areas: education, telehealth, workforce development, and economic development in regard to (i) broadband deployment and program successes, (ii) obstacles to program and resource coordination, (iii) strategies for improving such programs and resources needed to help close the Commonwealth's rural digital divide, and (iv) progress made on the objectives detailed in the strategic plan. The Chief Advisor shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Chief Advisor no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
D. The Chief Advisor may form such advisory panels and commissions as deemed necessary, convenient, or desirable to advise and assist in exercising the powers and performing the duties conferred by this section. Persons appointed to advisory committees shall be selected for their knowledge of, background in, or experience with information technology, broadband telecommunications, or economic development in a private, for-profit, or not-for-profit organization.
E. The disclosure requirements of Article 5 (§ 2.2-3113 et seq.) of the State and Local Government Conflict of Interests Act shall apply to members of the advisory committees.
Virginia
2020
Va. Code 2.2-206.3
Additional duties of the Secretary; advancement of technology
Category: Broadband programs
Topic: Agency
Grants the secretary of commerce and trade the power to monitor trends in the availability and deployment of and access to broadband in Virginia and requires the secretary to submit an annual report on those trends to the governor and General Assembly.
State Code
Unless the Governor expressly reserves such power to himself, the Secretary may, with regard to strategy development, planning, and budgeting for technology programs in the Commonwealth: 9. Monitor the trends in the availability and deployment of and access to broadband communications services, which include but are not limited to competitively priced, high-speed data services and Internet access services of general application, throughout the Commonwealth and advancements in communications technology for deployment potential. The Secretary shall report annually by December 1 to the Governor and General Assembly on those trends.
Virginia
no date
Va. Code 2.2-2238.1
Special economic development services in rural communities; strategic plan
Category: Other
Topic: Other
Allows the Virginia Economic Development Partnership Authority to develop a program for reviewing existing economic development programs for rural communities. The program should take into account broadband internet access in rural and unserved areas.
State Code
A. In order to assist the rural communities of the Commonwealth, the Authority may develop a program for reviewing existing economic development programs of rural communities, upon request. The program shall include (i) a review and evaluation of existing industrial sites and infrastructure, including existing streets, water and sewer systems, electricity, natural gas and communications facilities that will provide high-speed or broadband Internet access to rural and underserved areas of the Commonwealth; (ii) an assessment of the existing workforce and the provision of information on state and federal programs such as tax incentives that may be available to local or prospective employers to assist in hiring and training in areas of high unemployment; (iii) assistance in identifying community resources and the type of industries that may benefit from locating in a community with such resources; and (iv) marketing assistance to help rural communities improve their visibility to expanding industries looking for new facilities.
Virginia
2009
Va. Code 2.2-225
Position established; agencies for which responsible; additional powers
Category: Broadband programs
Topic: Agency
Establishes the position of secretary of technology. Tasks the secretary with monitoring broadband deployment and access trends.
State Code
The position of Secretary of Technology (the Secretary) is created. The Secretary shall be responsible to the Governor for the following agencies, councils, and boards: Information Technology Advisory Council, Innovation and Entrepreneurship Investment Authority, Virginia Information Technologies Agency, Virginia Geographic Information Network Advisory Board, and the 9-1-1 Services Board. The Governor, by executive order, may assign any other state executive agency to the Secretary, or reassign any agency listed in this section to another Secretary. Unless the Governor expressly reserves such power to himself, the Secretary may, with regard to strategy development, planning and budgeting for technology programs in the Commonwealth: 10. Monitor the trends in the availability and deployment of and access to broadband communications services, which include, but are not limited to, competitively priced, high-speed data services and Internet access services of general application, throughout the Commonwealth and advancements in communications technology for deployment potential. The Secretary shall report annually by December 1 to the Governor and General Assembly on those trends.
Virginia
2009
Va. Code 2.2-225.1
Office of Telework Promotion and Broadband Assistance
Category: Broadband programs
Topic: Office
Establishes an Office of Telework Promotion and Broadband Assistance within the Office of the Secretary of Technology to promote broadband in the state as a family-friendly, business-friendly public policy. Responsibilities of the office include promoting telework, advising on telework programs and plans, and supporting broadband deployment efforts. Expires July 1, 2019.
State Code
A. There is hereby established the Office of Telework Promotion and Broadband Assistance in the office of the Secretary of Technology, consisting of a director, appointed by the Secretary of Technology, and such additional telework and broadband professionals as deemed necessary. The goals of the Office are to encourage telework as a family-friendly, business-friendly public policy that promotes workplace efficiency and reduces strain on transportation infrastructure. In conjunction with efforts to promote telework, the Office shall work with public and private entities to develop widespread access to broadband services. It shall be the duty of the Director of the Office to advise the Secretary and the Board of Directors of the Innovation and Entrepreneurship Investment Authority, generally.
Virginia
2009
Va. Code 2.2-2699.3-4
Broadband Advisory Council
Category: Broadband programs
Topic: Task Force
Establishes a Broadband Advisory Council within the executive branch to advise the governor on policy and funding priorities for broadband deployment. Defines the council’s composition and the powers and responsibilities of the Broadband Advisory Council. Expires July 1, 2021.
State Code
A. The Broadband Advisory Council (the Council) is established as an advisory council, within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Council shall be to advise the Governor on policy and funding priorities to expedite deployment and reduce the cost of broadband access in the Commonwealth.
Virginia
2009
Va. Code 2.2-2817.1
State agencies to establish alternative work schedules; reporting requirement
Category: Other
Topic: Other
Requires the head of each state agency to establish a telecommuting and alternative work policy. Requires the head of each agency to report annually to the secretary of administration on the efficiency of and participation in alternative work schedules, as well as information technology needs, including broadband access.
State Code
C. The head of each state agency shall annually report to the (i) Secretary of Administration or his designee on the status and efficiency of telecommuting and participation in alternative work schedules and (ii) Secretary of Technology or his designee concerning specific budget requests for information technology, software, telecommunications connectivity (i.e., broadband Internet access, additional telephone lines, and online collaborative tools), or other equipment or services needed to increase opportunities for telecommuting and participation in alternate work locations.
Virginia
2012
Va. Code 3.2-304
Governor’s Agriculture and Forestry Industries Development Fund established; purpose; use of funds
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Creates the Governor’s Agriculture and Forestry Industries Development Fund as a nonreverting fund in the state treasury to attract new and expanding agriculture and forestry processing/value-added facilities using Virginia-grown products. The fund can be used to support public and private installation, extension, or capacity development of high-speed or broadband internet access.
State Code
Funds may be used for public and private utility extension or capacity development on and off site; public and private installation, extension, or capacity development of high-speed or broadband Internet access, whether on or off site; road, rail, or other transportation access costs beyond the funding capability of existing programs; site acquisition; grading, drainage, paving, and any other activity required to prepare a site for construction; construction or build-out of publicly or privately owned buildings; training; or grants or loans to an industrial development authority, housing and redevelopment authority, or other political subdivision for purposes directly relating to any of the foregoing. However, in no case shall funds from the Fund be used, directly or indirectly, to pay or guarantee the payment for any rental, lease, license, or other contractual right to the use of any property.
Virginia
2016
Va. Code 33.2-1030
Installation of broadband conduit
Category: Infrastructure access
Topic: Rights-of-way (Other)
Defines the powers of the Department of Transportation to allow broadband providers access to the right of way to install, operate, and maintain facilities necessary for providing and expanding broadband service.
State Code
Where a public highway exists pursuant to § 33.2-105, the rights of the Commonwealth include the use of such public highway for communications purposes and specifically include the power of the Department to permit a broadband service provider to install, maintain, operate, repair, and replace within the public right of way underground lines, systems, and facilities necessary for the provision and extension of broadband services to the extent allowed by applicable land use permit regulations, policies, and procedures of the Department.
Virginia
2020
Va. Code 55.1-306 et seq.
Utility easements
Category: Infrastructure access
Topic: Rights-of-way (Easements)
Authorizes the use of easements for electric and communications facilities that will be used to provide broadband services.
State Code
A. For the purposes of this section, "utility services" means any products, services, and equipment related to energy, broadband and other communications services, water, and sewerage.
B. Where an easement, whether appurtenant or gross, is expressly granted by an instrument recorded on or after July 1, 2006, that imposes on a servient tract of land a covenant (i) to provide an easement in the future for the benefit of utility services; (ii) to relocate, construct, or maintain facilities owned by an entity that provides utility services; or (iii) to pay the cost of such relocation, construction, or maintenance, such covenant shall be deemed for all purposes to touch and concern the servient tract, to run with the servient tract, its successors, and assigns for the benefit of the entity providing utility services, its successors, and assigns...B. It is the policy of the Commonwealth that:
1. Easements for the location and use of electric and communications facilities may be used to provide or expand broadband or other communications services;
2. The use of easements, appurtenant or gross, to provide or expand broadband or other communications services is in the public interest;
3. The installation, replacement, or use of public utility conduit, including the costs of installation, replacement, or use of conduit of a sufficient size to accommodate the installation of infrastructure to provide or expand broadband or other communications services, is in the public interest.
Virginia
2009
Va. Code 56-1
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines broadband connection as a connection with transmission speeds above 200 kilobits per second.
State Code
"Broadband connection," for purposes of this section, means a connection where transmission speeds exceed 200 kilobits per second in at least one direction.
Virginia
2009
Va. Code 56-235.5
Telephone regulatory alternatives
Category: Competition and regulation
Topic: Service Provision - Other
Addresses alternative forms of regulation for telephone companies. If a telephone company provides more than 90 percent of the residential and business lines in its exchange area access to broadband service as defined by the Federal Communications Commission, the State Corporation Commission must expand its competitive determination (nonprice regulated) and apply the same regulatory treatment and safeguards as for services in competitive areas.
State Code
J. If a telephone company provides 90 percent or more of its residential and business lines access to fiber optic or copper-based broadband service, as defined by the Federal Communications Commission, within an exchange area, the Commission shall expand, for basic and associated telephone services in that exchange area, its competitive determination and apply the same regulatory treatment already adopted by the Commission for those services in competitive areas, including any safeguards under subsection H.
Virginia
2013
Va. Code 56-235.5:1
Local exchange telephone service competition policy
Category: Competition and regulation
Topic: Service Provision - Other
Directs the State Corporation Commission to establish a schedule to eliminate the carrier common line charge of intrastate switched access charges for incumbent local exchange carriers serving more than 15,000 access lines, provided the carrier received a Broadband Initiatives Program grant from the U.S. Department of Agriculture’s Rural Utilities Service by April 1, 2010. The policy’s goal is to promote competitive product offerings, investments, and innovations from all providers of local exchange telephone services.
State Code
1. Notwithstanding any other provision of law, the Commission shall (i) for incumbent local exchange carriers serving more than 15,000 access lines in its incumbent territory, establish a schedule that eliminates the carrier common line charge element of intrastate carrier switched access charges no later than July 1, 2013, provided that (a) any such carrier that directly receives no later than April 1, 2010, a Broadband Initiatives Program grant and loan for use in the Commonwealth from the Rural Utilities Service of the U.S. Department of Agriculture under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) shall be considered under clause (ii), and (b) any such carrier that has not been the subject of a Commission proceeding to investigate its carrier common line charge may apply to the Commission for an opportunity to be heard as to why it is in the public interest and why it will not unreasonably prejudice or disadvantage telephone customers throughout the Commonwealth to extend the deadline for the elimination of its carrier common line charge to a date determined by the Commission, but in no case later than July 1, 2014; and (ii) for incumbent local exchange carriers with 15,000 or fewer access lines in its incumbent territory, determine, no later than July 1, 2011, and after notice and an opportunity for a hearing, a schedule for the elimination of the carrier common line charge element of intrastate carrier switched access charges in a manner to be determined by the Commission.
Virginia
2017
Va. Code 56-484.27
Access to the public right of way by wireless services providers and wireless infrastructure providers; generally
Category: Infrastructure access
Topic: Rights-of-way (Other)
Prohibits localities and the Department of Transportation from imposing any restrictions or requirements on accessing the public right of way. Allows localities and the department to enter into voluntary pole attachment, tower occupancy, conduit occupancy, or conduit construction agreements. Prohibits moratoriums on requests for access to the public right of way.
State Code
A. No locality or the Department shall impose on wireless services providers or wireless infrastructure providers any restrictions or requirements concerning the use of the public rights-of-way, including the permitting process, the zoning process, notice, time and location of excavations and repair work, enforcement of the statewide building code, and inspections, that are unfair, unreasonable, or discriminatory. B. No locality or the Department shall require a wireless services provider or wireless infrastructure provider to provide in-kind services or physical assets as a condition of consent to use public rights-of-way or easements. This shall not limit the ability of localities, their authorities or commissions that provide utility services, or the Department to enter into voluntary pole attachment, tower occupancy, conduit occupancy, or conduit construction agreements with wireless services providers or wireless infrastructure providers.
Virginia
2017
Va. Code 56-484.28 et seq.
Wireless Communications Infrastructure
Category: Infrastructure access
Topic: Small cell facilities
Addresses terms for permits granting wireless internet service providers or wireless facilities providers access to rights of way for the purpose of installing and maintaining small cells on existing structures as well as the terms for attaching small cell facilities to publicly owned utility poles.
State Code
A. Upon application by a wireless services provider or wireless infrastructure provider, the Department shall issue a districtwide permit, consistent with applicable regulations that do not conflict with this chapter, granting access to public rights-of-way that it operates and maintains to install and maintain small cell facilities on existing structures in the rights-of-way. The application shall include a copy of the agreement under which the applicant has permission from the owner of the structure to the co-location of equipment on that structure. If the application is received on or after September 1, 2017, (i) the Department shall issue the districtwide permit within 30 days after receipt of the application and (ii) the districtwide permit shall be deemed granted if not issued within 30 days after receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Department shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. A districtwide permit issued for the original installation shall allow the permittee to repair, replace, or perform routine maintenance operations to small cell facilities once installed...A. Upon application by a wireless services provider or wireless infrastructure provider, a locality may issue a permit granting access to the public rights-of-way it operates and maintains to install and maintain small cell facilities on existing structures. Such a permit shall grant access to all rights-of-way in the locality for the purpose of installing small cell facilities on existing structures, provided that the wireless services provider or wireless infrastructure provider (i) has permission from the owner of the structure to co-locate equipment on that structure and (ii) provides notice of the agreement and co-location to the locality. The locality shall approve or disapprove any such requested permit within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval shall be in writing and accompanied by an explanation for the disapproval. The 60-day period may be extended by the locality in writing for a period not to exceed an additional 30 days. The permit request shall be deemed approved if the locality fails to act within the initial 60 days or an extended 30-day period. No such permit shall be required for providers of telecommunications services and nonpublic providers of cable television, electric, natural gas, water, and sanitary sewer services that, as of July 1, 2017, already have facilities lawfully occupying the public rights-of-way under the locality's jurisdiction...C. For utility poles owned by a locality or the Commonwealth that support aerial cables used for video, communications, or electric service, the parties shall comply with the process for make-ready work under 47 U.S.C. § 224 and implementing regulations. The good faith estimate of the government entity owning or controlling the utility pole for any make-ready work necessary to enable the utility pole to support the requested co-location shall include pole replacement if necessary. D. For utility poles owned by a locality or the Commonwealth that do not support aerial cables used for video, communications, or electric service, the government entity owning or controlling the utility pole shall provide a good faith estimate for any make-ready work necessary to enable the utility pole to support the requested co-location, including pole replacement, if necessary, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, shall be completed within 60 days of written acceptance of the good faith estimate by the wireless services provider or a wireless infrastructure provider. E. The government entity owning or controlling the utility pole shall not require more make-ready work than required to meet applicable codes or industry standards. Charges for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other wireless services providers, providers of telecommunications services, and nonpublic providers of cable television and electric services for similar work and shall not include consultants' fees or expenses.
Virginia
2017
Va. Code 56-484.30
Agreements for use of public right of way to construct new wireless support structures; relocation of wireless support structures
Category: Infrastructure access
Topic: Wireless facilities
Addresses terms for permits or agreements for the initial construction of wireless support structures in the public right of way, which will have an initial term of 10 years with three options of renewal for five-year terms. Also addresses terms for relocating structures as necessary for transportation projects or to remove a hazard from the right of way.
State Code
Subject to any applicable requirements of Article VII, Section 9 of the Constitution of Virginia, public right-of-way permits or agreements for the construction of wireless support structures issued on or after July 1, 2017, shall be for an initial term of at least 10 years, with at least three options for renewal for terms of five years, subject to terms providing for earlier termination for cause or by mutual agreement. Nothing herein is intended to prohibit the Department or localities from requiring permittees to relocate wireless support structures when relocation is necessary due to a transportation project, the need to remove a hazard from the right-of-way when the Commissioner of Highways determines such removal is necessary to ensure the safety of the traveling public, or material change to the right-of-way, so long as other users of the right-of-way that are in similar conflict with the use of the right-of-way are required to relocate. Such relocation shall be completed as soon as reasonably possible within the time set forth in any written request by the Department or a locality for such relocation, as long as the Department or a locality provides the permittee with a minimum of 180 days' advance written notice to comply with such relocation, unless circumstances beyond the control of the Department or the locality require a shorter period of advance notice.
Virginia
2018
Va. Code 56-484.32
Wireless support structure public right of way use fee
Category: Infrastructure access
Topic: Wireless facilities
Establishes an annual wireless support structure public right of way use fee for constructing new wireless support structures to replace all fees of general application, except for permit processing, zoning, subdivision, site plan, and comprehensive plan fees of general application. Fees are to be remitted to the Department of Transportation and will be adjusted on a five-year schedule.
State Code
A. Notwithstanding any other provisions of law, there is hereby established an annual wireless support structure public rights-of-way use fee to replace any and all fees of general application, except for permit processing, zoning, subdivision, site plan, and comprehensive plan fees of general application, otherwise chargeable to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department for the construction of new wireless support structures. B. The amount of the annual wireless support structure public rights-of-way use fee shall be: 1. $1,000 for any wireless support structure at or below 50 feet in height; 2. $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height; 3. $5,000 for any wireless support structure above 120 feet in height; and 4. $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground.
Virginia
no date
Va. Code 56-484.7:1
Offering of communications services
Category: Competition and regulation
Topic: Municipal Broadband
Allows a county, city, town, electric commission or board, industrial development authority, or economic development authority representing a population under 30,000 and is not authorized to provide telecommunications services pursuant to § 15.2-2160 to provide or enter into a public-private partnership to provide communications services (including internet access service). The governmental entity providing service must provide nondiscriminatory access to for-profit providers on a first-come, first-served basis and may not set a price that is lower than what incumbent providers charge for functionally equivalent services.
State Code
B. Each county, city, town, electric commission or board, industrial development authority, or economic development authority that provides communications services pursuant to this article shall provide nondiscriminatory access to for-profit providers of communications services on a first-come, first-served basis to rights-of-way, poles, conduits or other permanent distribution facilities owned, leased or operated by the county, city, town, electric commission or board, industrial development authority, or economic development authority unless the facilities have insufficient capacity for such access and additional capacity cannot reasonably be added to the facilities. C. The prices charged by a county, city, town, electric commission or board, industrial development authority, or economic development authority for providing communications services shall not be set at a price for the service lower than the prices charged by any incumbent provider for a functionally equivalent service that is as generally available from such incumbent as it is from such governmental entity.
Virginia
2020
Va. Code 56-585.1:9
Pilot program for broadband capacity to unserved areas of the Commonwealth (Service Provision - Other)
Category: Competition and regulation
Topic: Service Provision - Other
Allows electric utilities to petition the Corporation Commission for permission to lease excess capacity on their fiber-optic cables to nongovernmental internet service providers in unserved areas. The costs of providing service is recoverable from electric rate payers. Utilities are allowed to own infrastructure and lease it out to internet service providers, and to install infrastructure outside of their service territories to connect providers to their networks. Specifies the application process and states that utilities and internet service providers are still responsible for obtaining all necessary rights-of-way and easements.
State Code
A. The Commission shall establish pilot programs under which each Phase I Utility and each Phase II Utility, as such terms are defined in subdivision A 1 of § 56-585.1, may submit one or more petitions to provide or make available broadband capacity to nongovernmental Internet service providers in areas of the Commonwealth unserved by broadband. Any such petitions that a Phase I Utility submits shall not exceed $60 million in costs annually. Any such petitions that a Phase II Utility submits shall not exceed $60 million in costs annually. The provision of such broadband capacity to nongovernmental Internet service providers in areas of the Commonwealth unserved by broadband pursuant to this section is in the public interest.
Virginia
2019
Va. Code 56-585.1:9
Pilot program for broadband capacity to unserved areas of the Commonwealth (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband
Defines broadband as 10 megabits per second of upload speed and 1 megabit per second of download speed for the purpose of the Corporation Commission determining whether to approve a petition for an electric utility to provide broadband service. The Virginia Telecommunications Initiative may alter this threshold as it sees fit.
State Code
"Broadband" means Internet access at speeds greater than 10 MBps download speed and one MBps upload speed, provided that the Department of Housing and Community Development for its Virginia Telecommunication Initiative may by guideline modify such speeds from time to time.
Virginia
2019
Va. Code 56-585.1:9
Pilot program for broadband capacity to unserved areas of the Commonwealth (Definition - Unserved)
Category: Definitions
Topic: Definition - Unserved
Defines unserved areas as areas in which less than 10 percent of residents and businesses have access to broadband for the purpose of the Corporation Commission determining whether to approve a petition for an electric utility to provide broadband service. The Virginia Telecommunications Initiative may alter the percentage as it sees fit.
State Code
"Unserved by broadband" means a designated area in which less than 10 percent of residential and commercial units are capable of receiving broadband service, provided that the Department of Housing and Community Development for its Virginia Telecommunication Initiative may by guideline increase such percentage from time to time.
Virginia
2019
Va. Code 58.1-439.12:07
Telework expense tax credit
Category: Funding and financing
Topic: Tax Incentives
Makes broadband connectivity an eligible expense for the telework expenses tax credit.
State Code
"Eligible telework expenses" means expenses incurred during the taxable year pursuant to a telework agreement, in an amount up to $1,200 for each participating employee, that enable a participating employee to begin to telework, which expenses are not otherwise the subject of a deduction from income claimed by the employer in any tax year. Such expenses include, but are not limited to, expenses paid or incurred to purchase computers, computer-related hardware and software, modems, data processing equipment, telecommunications equipment, high-speed Internet connectivity equipment, computer security software and devices, and all related delivery, installation, and maintenance fees.
Washington
2018
Wash. 2018 c. 298 § 1008 (uncodified)
Community Economic Revitalization Board-Administered Broadband Infrastructure
Category: Funding and financing
Topic: Fund - Broadband
Appropriates $10 million for grants and loans to local governments and federally recognized tribes in rural and underserved areas to build open-access broadband networks with minimum Speed of 25 megabits per second for economic and community development in 2018. Funds are administered by the Department of Commerce.
State Code
The appropriation in this section is subject to the following conditions and limitations: During the 2017-2019 fiscal biennium, the community economic revitalization board may make grants and loans to local governments and federally recognized tribes to build infrastructure to provide high-speed, open-access broadband service, with a minimum of 25 megabits per second download speed, to rural and underserved communities, for the purpose of economic development or community development.
Washington
2018
Wash. Rev. Code 19.385
Open Internet Access
Category: Competition and regulation
Topic: Net Neutrality
Requires internet service providers to provide accurate information about commercial terms and network management practices via a publicly available, easily accessible website. Prohibits the blocking of lawful content and applications or engaging in paid prioritization.
State Code
(1) Any person providing broadband internet access service in Washington state shall publicly disclose accurate information regarding the network management practices, performance characteristics, and commercial terms of its broadband internet access services sufficient to enable consumers to make informed choices regarding the purchase and use of such services and entrepreneurs and other small businesses to develop, market, and maintain internet offerings. The disclosure must be made via a publicly available, easily accessible web site. (2) A person engaged in the provision of broadband internet access service in Washington state, insofar as the person is so engaged, may not: (a) Block lawful content, applications, services, or nonharmful devices, subject to reasonable network management; (b) Impair or degrade lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device, subject to reasonable network management; or (c) Engage in paid prioritization.
Washington
2008
Wash. Rev. Code 43.105.905 (note)
Findings—Intent—2008 c 262
Category: Other
Topic: Legislative Intent
Finding that fixed and wireless broadband are important to economic development, health, education, and quality of life, sets legislative intent to conduct a statewide needs assessment to guide future broadband access and adoption plans.
State Code
(1) The legislature finds and declares the following: (a) The deployment and adoption of high-speed internet services and information technology has resulted in enhanced economic development and public safety for the state's communities, improved health care and educational opportunities, and a better quality of life for the state's residents; (b) Continued progress in the deployment and adoption of high-speed internet services and other advanced telecommunications services, both land-based and wireless, is vital to ensuring Washington remains competitive and continues to create business and job growth; and (c) That the state must encourage and support strategic partnerships of public, private, nonprofit, and community-based sectors in the continued growth and development of high-speed internet services and information technology for state residents and businesses. (2) Therefore, in order to begin advancing the state towards further growth and development of high-speed internet in the state, and to ensure a better quality of life for all state residents, it is the legislature's intent to conduct a statewide needs assessment of broadband internet resources through an open dialogue with all interested parties, including providers, unions, businesses, community organizations, local governments, and state agencies. The legislature intends to use this needs assessment in guiding future plans on how to ensure that every resident in Washington state may gain access to high-speed internet services and, as part of this effort, to address digital literacy and technology training needs of low-income and technology underserved residents of the state through state support of community technology programs.
Washington
2019
Wash. Rev. Code 43.155.160
Broadband service expansion grant and loan program
Category: Funding and financing
Topic: Fund - Broadband
Creates a competitive grant and loan program, housed within the public works board and working collaboratively with the state broadband office, and defines the procedures and criteria for assessing applications.
State Code
(1) The board, in collaboration with the office, shall establish a competitive grant and loan program to award funding to eligible applicants in order to promote the expansion of access to broadband service in unserved areas of the state. (2)(a) Grants and loans may be awarded under this section to assist in funding acquisition, installation, and construction of middle mile and last mile infrastructure that supports broadband services and to assist in funding strategic planning for deploying broadband service in unserved areas. (b) The board may choose to fund all or part of an application for funding, provided that the application meets the requirements of subsection (9) of this section. (3) Eligible applicants for grants and loans awarded under this section include: (a) Local governments; (b) Tribes; (c) Nonprofit organizations; (d) Cooperative associations; (e) Multiparty entities comprised of public entity members; (f) Limited liability corporations organized for the purpose of expanding broadband access; and (g) Incorporated businesses or partnerships.
Washington
2019
Wash. Rev. Code 43.155.165
Statewide broadband account
Category: Funding and financing
Topic: Fund - Broadband
Creates a statewide broadband account, which can be used only for making grants and loans to expand broadband infrastructure, collecting data on broadband availability, supplementing local bond revenues for broadband infrastructure, and matching federal grants for broadband.
State Code
(1) The statewide broadband account is created in the state treasury. Moneys received from appropriations by the legislature, the proceeds of bond sales when authorized by the legislature, repayment of loans, or any other lawful source must be deposited into the account for uses consistent with this section. Moneys in the account may be spent only after appropriation. (2) Expenditures from the account may be used only: (a) For grant and loan awards made under RCW 43.155.160, including costs incurred by the board to administer RCW 43.155.160; (b) To contract for data acquisition, a statewide broadband demand assessment, or gap analysis; (c) To supplement revenues raised by bonds sold by local governments for broadband infrastructure development; or (d) To provide for state match requirements under federal law. (3) The board must maintain separate accounting for any federal funds in the account. (4) The definitions in RCW 43.330.530 apply throughout this section unless the context clearly requires otherwise.
Washington
2011
Wash. Rev. Code 43.330.400-409
Broadband mapping account—Federal broadband data improvement act funding—Coordination of broadband mapping activities
Category: Broadband programs
Topic: Mapping
Establishes a broadband mapping account to be used by the Department of Commerce to develop an interactive website; survey state agencies on broadband infrastructure that they own and lease, subject to the availability of state and federal funding; procure a GIS map of broadband infrastructure, availability, and adoption; and prepare regular reports on priority areas for broadband deployment, how federal funds will or have been used toward adoption and deployment, and how nonfederal funds can be used toward these goals, and authorizes the department to complete those tasks.
State Code
RCW 43.330.400 (1) The broadband mapping account is established in the custody of the state treasurer. The department shall deposit into the account such funds received from legislative appropriation, federal funding, and donated funds from private and public sources. Expenditures from the account may be used only for the purposes of RCW43.330.403 through 43.330.409. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
Washington
2011
Wash. Rev. Code 43.330.412
Community technology opportunity program—administration—Grant program
Category: Funding and financing
Topic: Financing - Other
Establishes a community technology opportunity program within the Department of Commerce to support community technology programs throughout the state and to establish a competitive grant program to fund community technology programs, including internet connectivity, digital literacy, and adoption.
State Code
The community technology opportunity program is created to support the efforts of community technology programs throughout the state. The community technology opportunity program must be administered by the department. The department may contract for services in order to carry out the department's obligations under this section. (1) In implementing the community technology opportunity program the director must, to the extent funds are appropriated for this purpose: (a) Provide organizational and capacity building support to community technology programs throughout the state, and identify and facilitate the availability of other public and private sources of funds to enhance the purposes of the program and the work of community technology programs. No more than fifteen percent of funds received by the director for the program may be expended on these functions; (b) Establish a competitive grant program and provide grants to community technology programs to provide training and skill-building opportunities; access to hardware and software; internet connectivity; digital media literacy; assistance in the adoption of information and communication technologies in low-income and underserved areas of the state; and development of locally relevant content and delivery of vital services through technology.
Washington
2011
Wash. Rev. Code 43.330.421
Advisory group on digital inclusion and technology planning
Category: Broadband programs
Topic: Task Force
Creates an advisory group on digital inclusion and technology planning subject to availability of state and federal funding.
State Code
Subject to the availability of federal or state funding, the department may convene an advisory group on digital inclusion and technology planning. The advisory group may include, but is not limited to, volunteer representatives from community technology organizations, telecommunications providers, higher education institutions, K-12 education institutions, public health institutions, public housing entities, and local government and other governmental entities that are engaged in community technology activities.
Washington
2019
Wash. Rev. Code 43.330.530
Broadband office - Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines broadband as any service providing internet access at speeds of at least 25 megabits per second download and 3 megabits per second upload.
State Code
"Broadband" or "broadband service" means any service providing advanced telecommunications capability and internet access with transmission speeds that, at a minimum, provide twenty-five megabits per second download and three megabits per second upload.
Washington
2019
Wash. Rev. Code 43.330.532 (note)
Notes: Findings - 2019 c 365
Category: Other
Topic: Legislative Intent
Describes the legislative intent behind creating the broadband office. Declares that broadband access is crucial to social and economic participation, that increasing access serves a government purpose, that achieving broadband access for everyone will require public/private partnerships, that the FCC has recommended states take action, that the state and industry have already made substantial investments, and that providing additional funding will serve the best interests of the state.
State Code
The legislature finds that: (1) Access to broadband is critical to full participation in society and the modern economy; (2) Increasing broadband access to unserved areas of the state serves a fundamental governmental purpose and function and provides a public benefit to the citizens of Washington by enabling access to health care, education, and essential services, providing economic opportunities, and enhancing public health and safety; (3) Achieving affordable and quality broadband access for all Washingtonians will require additional and sustained investment, research, local and community participation, and partnerships between private, public, and nonprofit entities; (4) The federal communications commission has adopted a national broadband plan that includes recommendations directed to federal, state, and local governments, including recommendations to: (a) Design policies to ensure robust competition and maximize consumer welfare, innovation, and investment; (b) Ensure efficient allocation and management of assets that the government controls or influences to encourage network upgrades and competitive entry; (c) Reform current universal service mechanisms to support deployment in high-cost areas, ensuring that low-income Americans can afford broadband, and supporting efforts to boost adoption and utilization; and (d) Reform laws, policies, standards, and incentives to maximize the benefits of broadband in sectors that government influences significantly, such as public education, health care, and government operations; (5) Extensive investments have been made by the telecommunications industry and the public sector, as well as policies and programs adopted to provide affordable broadband services throughout the state, that will provide a foundation to build a comprehensive statewide framework for additional actions needed to advance the state's broadband goals; and (6) Providing additional funding mechanisms to increase broadband access in unserved areas is in the best interest of the state. To that end, this act establishes a grant and loan program that will support the extension of broadband infrastructure to unserved areas. To ensure this program primarily serves the public interest, the legislature intends that any grant or loan provided to a private entity under this program must be conditioned on a guarantee that the asset or infrastructure to be developed will be maintained for public use for a period of at least fifteen years.
Washington
2019
Wash. Rev. Code 43.330.532 et seq.
Broadband office - Established - Purpose
Category: Broadband programs
Topic: Office
Establishes the governor's statewide broadband office, with a director appointed by the governor. Declares the purpose of the office to be to encourage affordable, quality broadband to drive economic development, serve the needs of the state and its citizens, and improve accessibility for unserved communities and populations. Defines the powers and duties of the office, which include serving as the central broadband planning body for the state, coordinating with stakeholders to promote broadband deployment, updating state broadband plans, definitions, and goals, and encouraging public-private partnerships for deployment and adoption. Also allows the office to assist applicants to the grant and loan program, secure federal funds, and collaborate with other state agencies.
State Code
(1) The governor's statewide broadband office is established. The director of the office must be appointed by the governor. The office may employ staff necessary to carry out the office's duties as prescribed by chapter 365, Laws of 2019, subject to the availability of amounts appropriated for this specific purpose. (2) The purpose of the office is to encourage, foster, develop, and improve affordable, quality broadband within the state in order to: (a) Drive job creation, promote innovation, improve economic vitality, and expand markets for Washington businesses; (b) Serve the ongoing and growing needs of Washington's education systems, health care systems, public safety systems, industries and business, governmental operations, and citizens; and (c) Improve broadband accessibility for unserved communities and populations. … 1) The office has the power and duty to: (a) Serve as the central broadband planning body for the state of Washington; (b) Coordinate with local governments, tribes, public and private entities, nonprofit organizations, and consumer-owned and investor-owned utilities to develop strategies and plans promoting deployment of broadband infrastructure and greater broadband access, while protecting proprietary information; (c) Review existing broadband initiatives, policies, and public and private investments; (d) Develop, recommend, and implement a statewide plan to encourage cost-effective broadband access and to make recommendations for increased usage, particularly in rural and other unserved areas; (e) Update the state's broadband goals and definitions for broadband service in unserved areas as technology advances, except that the state's definition for broadband service may not be actual speeds less than twenty-five megabits per second download and three megabits per second upload; and (f) Encourage public-private partnerships to increase deployment and adoption of broadband services and applications.
Washington
2019
Wash. Rev. Code 43.330.534
Broadband office - Powers and duties
Category: Broadband programs
Topic: Plan
Requires the broadband office to create a statewide broadband plan and specifies things it must consider such as partnerships, funding opportunities, barriers to deployment and adoption, and the minimum broadband speed.
State Code
(2) When developing plans or strategies for broadband deployment, the office must consider: (a) Partnerships between communities, tribes, nonprofit organizations, local governments, consumer-owned and investor-owned utilities, and public and private entities; (b) Funding opportunities that provide for the coordination of public, private, state, and federal funds for the purposes of making broadband infrastructure or broadband services available to rural and unserved areas of the state; (c) Barriers to the deployment, adoption, and utilization of broadband service, including affordability of service; and (d) Requiring minimum broadband service of twenty-five megabits per second download and three megabits per second upload speed, that is scalable to faster service.
Washington
2019
Wash. Rev. Code 43.330.536
Broadband office - Goals
Category: Broadband programs
Topic: Goal
Declares it a state goal for all businesses and residences to have access to internet speeds of 25 megabits per second download and 3 megabits per second upload by 2024; for all community anchor institutions, such as schools and libraries, to have access to gigabit symmetrical connections by 2026; and for all businesses and residences to have access to 150 megabit per second symmetrical connections by 2028. Requires the state broadband office to report biennially on progress against goals.
State Code
It is a goal of the state of Washington that: (1) By 2024, all Washington businesses and residences have access to high-speed broadband that provides minimum download speeds of at least twenty-five megabits per second and minimum upload speeds of at least three megabits per second; (2) By 2026, all Washington communities have access to at least one gigabit per second symmetrical broadband service at anchor institutions like schools, hospitals, libraries, and government buildings; and (3) By 2028, all Washington businesses and residences have access to at least one provider of broadband with download speeds of at least one hundred fifty megabits per second and upload speeds of at least one hundred fifty megabits per second.
Washington
2018
Wash. Rev. Code 53.08.370
Telecommunications facilities—construct, purchase, acquire, etc.—purposes—limitations—eminent domain
Category: Competition and regulation
Topic: Service Provision - Other
Allows port districts to offer wholesale telecommunications services within their district limits.
State Code
(1) A port district in existence on June 8, 2000, may construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair, operate, and maintain any telecommunications facilities within or without the district's limits for the following purposes: (a) For the district's own use; and (b) For the provision of wholesale telecommunications services within the district's limits. Nothing in this subsection shall be construed to authorize port districts to provide telecommunications services to end users.
Washington
2019
Wash. Rev. Code 54.16.330
Telecommunications facilities—Purposes—Limitations—Provision of telecommunications services—Eminent domain
Category: Competition and regulation
Topic: Municipal Broadband
Allows public utility districts that previously leased publicly owned middle-mile infrastructure to a last-mile provider that subsequently ceases delivering service to provide last-mile service for up to five months to maintain continuity and while also seeking a replacement last-mile provider.
State Code
(8)(a) If an internet service provider operating on telecommunications facilities of a public utility district that provides wholesale telecommunications services but does not provide retail telecommunications services, ceases to provide access to the internet to its end-use customers, and no other retail service providers are willing to provide service, the public utility district may provide retail telecommunications services to the end-use customers of the defunct internet service provider in order for end-use customers to maintain access to the internet until a replacement internet service provider is, or providers are, in operation.
Washington
2018
Wash. Rev. Code 54.16.420
Retail internet service—definitions—authority—requirements
Category: Competition and regulation
Topic: Municipal Broadband
Defines conditions under which a public utility district can provide retail internet service on the public utility’s broadband network, including defining inadequate end-user service that would allow the utility to enter the retail market and addressing requirements of providing that service.
State Code
(2) Any public utility district that, as of June 7, 2018, provides only water, sewer, and wholesale telecommunications services in a county with an area less than five hundred square miles and is located west of the Puget Sound may provide retail internet service on the public utility district's broadband network located within the public utility district boundaries only when all of the existing providers of end-user internet service on the public utility district's broadband network cease to provide end-user service or provide inadequate end-user service as determined in the manner prescribed by this section. The authority provided in this subsection expires five years after June 7, 2018, for any public utility district that has not either entered into a partnership payment structure to finance broadband deployment or been petitioned to provide retail internet service within that time period.
Washington
2018
Wash. Rev. Code 54.16.420 (1) (a)
Retail internet service—definitions—authority—requirements
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines broadband as high-speed internet access and other advanced telecommunications services.
State Code
(a) "Broadband" means high-speed internet access and other advanced telecommunications services.
Washington
2019
Wash. Rev. Code 80.36.630
State universal communications services program—Definitions
Category: Definitions
Topic: Definition - Broadband (Defined by technology, not speed)
Defines “broadband service” as any advanced communications capability, including internet access and high-quality voice, data, graphics, or video, for the purpose of universal service programs.
State Code
"Broadband service" means any service providing advanced telecommunications capability, including internet access and access to high quality voice, data, graphics, or video.
Washington
2019
Wash. Rev. Code 80.36.650
State universal communications services program—Established
Category: Funding and financing
Topic: State Universal Service Fund
Specifies that state universal service funding may be used for broadband through July 1, 2025.
State Code
1) A state universal communications services program is established. The program is established to protect public safety and welfare under the authority of the state to regulate telecommunications under Article XII, section 19 of the state Constitution. The purpose of the program is to support continued provision of basic telecommunications services under rates, terms, and conditions established by the commission and the provision, enhancement, and maintenance of broadband services, recognizing that, historically, the incumbent public network functions to provide all communications services including, but not limited to, voice and broadband services. (2) Under the program, eligible communications providers may receive distributions from the universal communications services account created in RCW 80.36.690 in exchange for the affirmative agreement to provide continued telecommunications services under the rates, terms, and conditions established by the commission under this chapter, and broadband services, for the period covered by the distribution.
Washington
2013
Wash. Rev. Code 80.36.650 (note)
Findings—Intent—2013 2nd sp.s. c 8
Category: Other
Topic: Legislative Intent
States legislative intent to create a temporary universal service program to support small incumbent local exchange carriers during the transition to broadband, which has affected rates in rural areas and how communications providers compensate other providers.
State Code
As a result of the foregoing and to enable all consumers in Washington to access and benefit from a ubiquitous public network, the legislature intends to create a targeted and temporary universal service program that supports the legacy public telephone network of Washington's smaller incumbent communications providers and ensures access to the network during this transition to broadband services, is operated in a transparent manner pursuant to rules adopted by the utilities and transportation commission, and advances universal service in a manner not inconsistent with the requirements of 47 U.S.C. Sec. 254, the federal telecommunications act of 1996.
West Virginia
2014
W.Va. Code 11-13A-5b
Creation of West Virginia Future Fund; legislative intent; calculation of deposits from excess severance tax revenues; permissible uses of investment income and limitations on expenditures; definitions
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Creates a West Virginia Future Fund, not to be appropriated before fiscal year 2020, to enhance education and workforce development, economic development and diversification, infrastructure improvements, and tax relief measures. Includes broadband deployment.
State Code
(d) In order to maximize the value of the fund, no money from the fund may be expended or appropriated until fiscal year 2020 and thereafter the Legislature may appropriate, subject to the limitations provided in this section, from the fund solely for enhancing education and workforce development; economic development and diversification; infrastructure improvements; and tax relief measures for the benefit of the citizens and businesses of the State of West Virginia. (e) For purposes of this section: (2) "Infrastructure improvements" means fostering infrastructure improvements including, but not limited to, post-mining land use, water or wastewater facilities or a part thereof, storm water systems, steam, gas, telephone and telecommunications, broadband development, electric lines and installations, roads, bridges, railroad spurs, drainage and flood control facilities, industrial park development or buildings that promote job creation and retention.
West Virginia
no date
W.Va. Code 11-13A-6a
Reallocation and dedication of percentage of severance tax for benefit of coal-producing counties; phase-in period; permissible uses of distributed revenues; duties of state treasurer and state tax commissioner; audits; rule-making
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Establishes a Coal County Reallocated Severance Tax Fund, proceeds of which are to be allocated among and distributed quarterly to coal-producing counties’ economic development and infrastructure projects. Includes broadband deployment.
State Code
(2) Moneys in the county's coal county reallocated severance tax fund shall be expended by the county commission solely for economic development projects and infrastructure projects. (3) For purposes of this section: (B) "Infrastructure project" means a project in the state which is likely to foster infrastructure improvements including, but not limited to, post-mining land use, any water or wastewater facilities or any part thereof, storm water systems, steam, gas, telephone and telecommunications, broadband development, electric lines and installations, roads, bridges, railroad spurs, drainage and flood control facilities, industrial park development or buildings that promote job creation and retention.
West Virginia
2019
W.Va. Code 11-6L
Special Method of Valuation for Certain Wireless Technology Property
Category: Funding and financing
Topic: Tax Incentives
Specifies that towers for wireless facilities are valued at "salvage value" (5 percent of the original cost of the tower) for five years for tax purposes.
State Code
Notwithstanding any other provision of this code to the contrary, for five years immediately following the date of its erection, the value of a tower is its salvage value, and the correlated value determined under a unit valuation approach shall be reduced by the difference between the original cost and the salvage value of a tower.
West Virginia
2017
W.Va. Code 12-6C-11
Legislative findings; loans for industrial development; availability of funds and interest rates
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Gives the West Virginia Economic Development Authority a $50 million revolving loan to provide insurance to lenders who lend money to broadband projects.
State Code
(h) Notwithstanding any provision in this code to the contrary, subject to a liquidity determination and cash availability, the board shall make available to the West Virginia Economic Development Authority, from the Consolidated Fund, in the form of a nonrecourse revolving loan, $50 million, for the purpose of insuring the payment or repayment of all or any part of the principal, the redemption or prepayment premiums or penalties on, and interest on any form of debt instrument entered into by an enterprise, public body or authority of the state with a financial institution, including, but not limited to, banks, insurance companies and other institutions in the business of lending money, as authorized and as set forth in section eight, article fifteen, chapter thirty-one of this code, but only for the purpose of providing insurance on such debt instruments relating solely to the deployment of broadband under said section:
West Virginia
2019
W.Va. Code 17-2A-17a
Acquisition of property for utility accommodation purposes; “utility” defined
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows the commissioner of highways to lease real property held by the Division of Highways to broadband providers.
State Code
(d) Notwithstanding any provision of this article to the contrary, the commissioner may lease real property held by the division or any interest or right in the property, including airspace rights, if any, for the purpose of accommodating any utility providing telecommunications or broadband services that has requested a lease if the commissioner finds, in his or her sole discretion, that entering into the lease agreement with such utility is in the public interest.
West Virginia
2018
W.Va. Code 17-2E-1
Legislative findings
Category: Other
Topic: Legislative Intent
Implements a “dig once” policy to facilitate broadband expansion and minimize disruptions to the public.
State Code
(a) The Legislature finds that it is in the public interest to accommodate telecommunications facilities on Division of Highways right-of-way when the use of the right-of-way does not adversely affect the safety of the traveling public or impair the highway or its aesthetic quality or conflict with any federal, state, or local laws, rules, regulations, or policies. (b) The Legislature further finds that a broadband connection is an essential part of developing the state and local economies, enhancing the transportation system and creating a safer and more secure environment for our citizens. (e) The Legislature further finds that instituting a dig once policy encourages telecommunications carriers to coordinate installation of broadband conduit to minimize costs to the carriers and minimize disruption and inconvenience to the traveling public.
West Virginia
2019
W.Va. Code 17-2E-1 et seq.
Use of rights-of-way; broadband conduit installation in rights-of-way; permits; agreements; compensation; valuation of compensation (Rights-of-way)
Category: Infrastructure access
Topic: Rights-of-way (Dig once)
Declares Legislature's intent to facilitate broadband deployment along rights-of-way. Requires providers seeking to deploy infrastructure along highway rights-of-way to enter into a lease agreement with the state. Providers can provide in-kind payment to meet the terms of their lease. To obtain their permit, providers must notify all other telecommunications providers and offer them the chance to negotiate an agreement to deploy their infrastructure in the same trench.
State Code
(a) The Legislature finds that it is in the public interest to accommodate telecommunications facilities on Division of Highways right-of-way … (a) Before obtaining a permit for the construction or installation of a telecommunications facility in a right-of-way, a telecommunications carrier must enter into an agreement with the division consistent with the requirements of this article. (b) Before granting a permit for longitudinal access or wireless access to a right-of-way, the division shall: (1) First enter into an agreement with a telecommunications carrier that is competitively neutral and nondiscriminatory as to other telecommunications carriers; and (2) Upon receipt of any required approval or concurrence by the Federal Highway Administration the division may issue a permit granting access under this section … (a) Upon application for a permit, the applying telecommunications carrier shall notify, by email, the council and all other telecommunications carriers on record with the council of the application. Other telecommunications carriers have 15 calendar days to notify the applicant of their interest to share the applicant_��s trench. This requirement extends to all underground construction technologies. (b) If no competing telecommunications carrier provides notice of interest to share the applicant_��s trench within 15 calendar days of notice of the project, the carrier applying for the permit shall affirm that fact to the division prior to being issued a permit. (c) If a competing telecommunications carrier provides notice of interest to share the applicant_��s trench, an agreement between the two (or more) telecommunications carriers shall be executed by those entities within 30 days of the notice of interest, outlining the responsibilities and financial obligations of each, with respect to the installation within the right-of-way. … (a) In-kind compensation paid to the division under an agreement entered into pursuant to this article may include, without limitation: (1) Conduit or excess conduit; (2) Innerduct; (3) Dark fiber; (4) Access points; (5) Telecommunications equipment or services; (6) Bandwidth; and (7) Other telecommunications facilities as a component of the present value of the trenching.
West Virginia
2018
W.Va. Code 17-2E-1 et seq.
Use of right of way; broadband conduit installation in right of way; permits; agreements; compensation; valuation of compensation (Rights-of-way)
Category: Infrastructure access
Topic: Rights-of-way (Dig once)
Regulates the terms of agreement between the Division of Highways and telecommunications carriers for access to right of way.
State Code
(a) Before obtaining a permit for the construction or installation of a telecommunications facility in a right-of-way, a telecommunications carrier must enter into an agreement with the Division consistent with the requirements of this article. (b) Before granting permitted longitudinal access or wireless access to a right-of-way, the Division of Highways shall: (1) First enter into an agreement with a telecommunications carrier that is competitively neutral and nondiscriminatory as to other telecommunications carriers.
West Virginia
2018
W.Va. Code 24-2-1
Jurisdiction of commission; waiver of jurisdiction
Category: Competition and regulation
Topic: Regulatory Authority
Limits the jurisdiction of the Public Service Commission to exclude service provided by Internet Protocol- or Voice over Internet Protocol-enabled services, defined to include services that use a broadband connection from the user’s location.
State Code
(e) The commission shall not have jurisdiction of Internet protocol-enabled service or voice-over Internet protocol-enabled service. As used in this subsection: (1) “Internet protocol-enabled service” means any service, capability, functionality or application provided using Internet protocol, or any successor protocol, that enables an end user to send or receive a communication in Internet protocol format, or any successor format, regardless of whether the communication is voice, data or video. (2) “Voice-over Internet protocol service” means any service that: (i) Enables real-time two-way voice communications that originate or terminate from the user’s location using Internet protocol or a successor protocol; and (ii) Uses a broadband connection from the user’s location.
West Virginia
2020
W.Va. Code 24-2-1p
Middle-Mile Fiber Broadband Infrastructure Expansion Program
Category: Competition and regulation
Topic: Service Provision - Other
Establishes the Middle-Mile Fiber Broadband Infrastructure Expansion Program and requires that electric utilities whose middle-mile broadband infrastructure expansion plans have been deemed feasible by the West Virginia Broadband Enhancement Council pursuant to 31G-4-5 submit written plans and applications to the Public Service Commission, upon approval of which the utility is authorized to begin implementation. The written plans must include the following: the route the infrastructure will follow, the number of dedicated fiber strands, the capacity that will be available to lease, a commitment to lease middle-mile assets from at least one nongovernmental last-mile internet service provider, the estimated cost of the project, a proposed schedule, and a cost recovery mechanism.
State Code
(c) Establishment of program. Commencing July 1, 2020, the Middle-Mile Fiber Broadband Infrastructure Expansion Program is hereby authorized and established.
(d) Authorizing participation. An electric utility having distribution infrastructure in this state may participate in the program pursuant to the provisions of this section.
(e) Powers and duties of Public Service Commission to act on written plans and amendments to written plans. The commission shall have the following powers and duties in connection with the program: (1) Review, approve, or reject each written plan submitted by an electric utility pursuant to subsection (f) of this section. A written plan shall be approved if the commission determines that the proposed plan is reasonable, prudent, useful, and is not contrary to the public interests, considering the interests of the potential broadband users and the electric utility customers.
West Virginia
2020
W.Va. Code 24-2-1p(a)
Middle-Mile Fiber Broadband Infrastructure Expansion Program
Category: Other
Topic: Legislative Intent
Finding that a lack of middle-mile infrastructure limits the provision of last-mile broadband service to rural and unserved communities, the Legislature reaffirms its goal to extend broadband services to all areas of the state. The Legislature further recognizes that regulated electric utilities have infrastructure that could facilitate middle-mile deployment and establishes a program to allow these utilities to construct middle-mile fiber broadband assets.
State Code
(a) Legislative findings. The Legislature finds:
(1) That access to broadband services is of critical importance to and a necessary prerequisite for enabling economic development in the state and for improving education, health care, public safety and government services, among other benefits to its citizens;
(2) That broadband expansion into unserved rural areas of the state continues to be an issue of importance to the Legislature, and progress is hindered by lack of full development of middle-mile broadband fiber infrastructure within the state;
(3) That the issues which have hindered the provision of broadband access to rural areas of the state especially disadvantage the elderly and low-income households;
(4) That it continues to be a primary goal of the Legislature to make every municipality, community, and rural area in this state accessible to Internet communications through the expansion, extension, and general availability of broadband services and technology;
(5) That regulated electric utilities have existing distribution infrastructure in place throughout the state, and that their existing and new infrastructure could be utilized in connection with construction of middle-mile broadband fiber assets;
(6) That it is in the public interest to expedite construction of middle-mile broadband fiber infrastructure to provide the necessary architecture to facilitate additional broadband Internet access to individuals and institutions in unserved areas of the state; and
(7) That it is appropriate to establish a program to allow electric utilities to construct middle-mile fiber broadband assets within the power supply zone utilizing existing and new electric utility distribution assets in a manner that addresses the needs of the public and is consistent with the operational concerns of the electric utilities that may participate in this program.
West Virginia
2017
W.Va. Code 31-15-8
Insurance fund
Category: Funding and financing
Topic: Fund - Other (Economic Development and Infrastructure)
Allows insurance fund program to insure loans for broadband infrastructure.
State Code
(6) To insure, for up to twenty years, the payment or repayment of all or any part of the principal of and interest on any form of debt instrument entered into by an enterprise, public body or authority of the state with a financial institution, including, but not limited to, banks, insurance companies and other institutions in the business of lending money, which debt instruments are to be solely for capital costs relating to:(i) Providing broadband service, as defined in section one, article one, chapter thirty-one-g of this code, to a household or business located in an unserved area, as defined in section two of said article, or in an area with access to Internet service, by wireline or fixed wireless technology, but that fifteen percent or more of households and businesses in the area are served by Internet service with an actual downstream data rate less than ten megabits per second and an upstream data rate less than one megabit per second, and no part of the area has three or more wireline or fixed wireless broadband service providers; (ii) Building a segment of a telecommunications network that links a network operator’s core network to a local network plant that serves either an unserved area, as defined in section two, article one, chapter thirty-one-g of this code, or an area in which no more than two wireline providers are operating.
West Virginia
2017
W.Va. Code 31G-1-1
Legislative findings and purpose
Category: Broadband programs
Topic: Goal
Establishes goal of border-to-border broadband by 2020. Recognizes that rural areas remain unserved, that elderly and low-income households are particularly disadvantaged, and that equitable access is necessary for quality education.
State Code
That it is a primary goal of the Governor, the Legislature and the citizens of this state, by the year 2020, to make every municipality, community, and rural area in this state, border to border, accessible to Internet communications through the expansion, extension and general availability of broadband services and technology.
West Virginia
2017
W.Va. Code 31G-1-10
Pilot project for cooperatives by political subdivisions
Category: Competition and regulation
Topic: Cooperatives
Allows the Broadband Enhancement Council to create guidelines for a pilot project on municipal broadband cooperatives.
State Code
(a) Notwithstanding any provision in the code to the contrary, the council may create guidelines and recommend to the Legislature a pilot project for no more than three municipalities or counties, either individually or in conjunction with one another, to establish non-profit cooperative associations to provide high-speed internet and broadband services. (b) Nothing herein shall preclude or prohibit the establishment of a cooperative association by non-political subdivisions outside the purview or authority of the council. It is not a requirement that a cooperative association established under article two of this chapter seek approval or guidance from the council, and such cooperative associations established under article two of this chapter shall not be under the authority of, nor subject to, the council.
West Virginia
2017
W.Va. Code 31G-1-11
Voluntary donation and easement programs
Category: Infrastructure access
Topic: Rights-of-way (Other)
Directs the Broadband Enhancement Council to create guidelines for a voluntary donation program for easements and right of way to facilitate broadband expansion.
State Code
(a) The council shall create guidelines for, and recommend to the Legislature a means of implementing a voluntary donation program to allow for pipeline, railroad, and other similar structures and rights-of-way in the state to be donated to the state for use by public or private entities to facilitate broadband service and availability through placement of fiber. (b) The council shall create guidelines for, and recommend to the Legislature a means of implementing a program to allow for an easement program to be established to allow public or private entities to facilitate broadband service and availability through placement of fiber.
West Virginia
2017
W.Va. Code 31G-1-12
Grants
Category: Funding and financing
Topic: Financing - Other
Allows the Broadband Enhancement Council to seek nonstate funding and grants and use that money to support its activities.
State Code
In furtherance of the purposes of this article, the council is permitted to seek non-state funding and grants. The council may utilize funding and grants to support the responsibilities, initiatives and projects set forth in this article. The council may additionally disburse such monies to fund projects and initiatives in furtherance of the enhancement and expansion of broadband services in this state, and the other purposes of this article.
West Virginia
2017
W.Va. Code 31G-1-2 (1)
Definitions
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Defines broadband as any service providing advanced telecommunications capability at speeds defined by the Federal Communications Commission.
State Code
(1) “Broadband” or “broadband service” means any service providing advanced telecommunications capability with the same downstream data rate and upstream data rate as is specified by the Federal Communications Commission and that does not require the end-user to dial up a connection, that has the capacity to always be on, and for which the transmission speeds are based on regular available bandwidth rates, not sporadic or burstable rates, with latency suitable for real-time applications and services such as voice-over Internet protocol and video conferencing, and with monthly usage capacity reasonably comparable to that of residential terrestrial fixed broadband offerings in urban areas: Provided, That as the Federal Communications Commission updates the downstream data rate and the upstream data rate the council will publish the revised data rates in the State Register within sixty days of the federal update.
West Virginia
2017
W.Va. Code 31G-1-2 (6)
Definitions
Category: Definitions
Topic: Definition - Unserved
Defines “unserved” as an area with no access to broadband.
State Code
(6) “Unserved area” means a community that has no access to broadband service.
West Virginia
2020
W.Va. Code 31G-1-3
Broadband Enhancement Council; members of council; administrative support (Agency)
Category: Broadband programs
Topic: Agency
Establishes the Broadband Enhancement Council under the Department of Commerce, and defines its membership.
State Code
(a) The Broadband Enhancement Council is hereby established and continued. The current members, funds, and personnel shall continue in effect and be wholly transferred; except as may be hereinafter provided. With regard to the terms of the public members appointed under subdivision five, subsection (d) of this section, at the next regular meeting of the council following July 1, 2017, the currently serving public members shall draw by lot for the length of their terms, three members to serve for one additional year, three members to serve for two additional years and the last three members to serve for three additional years, with all public members in future to serve for the duration of the term described below.
(b) The council is a governmental instrumentality of the State. The exercise by the council of the powers conferred by this article and the carrying out of its purpose and duties are considered and held to be, and are hereby determined to be, essential governmental functions and for a public purpose. The council is created under the Department of Commerce for administrative, personnel, and technical support services only.
West Virginia
2020
W.Va. Code 31G-1-3
Broadband Enhancement Council; members of council; administrative support (Task Force)
Category: Broadband programs
Topic: Task Force
Establishes the Broadband Enhancement Council under the Department of Commerce, and defines its membership.
State Code
(a) The Broadband Enhancement Council is hereby established and continued. The current members, funds, and personnel shall continue in effect and be wholly transferred; except as may be hereinafter provided. With regard to the terms of the public members appointed under subdivision five, subsection (d) of this section, at the next regular meeting of the council following July 1, 2017, the currently serving public members shall draw by lot for the length of their terms, three members to serve for one additional year, three members to serve for two additional years and the last three members to serve for three additional years, with all public members in future to serve for the duration of the term described below.
(b) The council is a governmental instrumentality of the State. The exercise by the council of the powers conferred by this article and the carrying out of its purpose and duties are considered and held to be, and are hereby determined to be, essential governmental functions and for a public purpose. The council is created under the Department of Commerce for administrative, personnel, and technical support services only.
West Virginia
2017
W.Va. Code 31G-1-4
Powers and duties of the council generally
Category: Broadband programs
Topic: Task Force
Defines the responsibilities of the Broadband Enhancement Council to include exploring opportunities for expanding broadband service and broadband use and overseeing disbursement of broadband funds.
State Code
(a) The council shall: (1) Explore any and all ways to expand access to broadband services, including, but not limited to, middle mile, last mile and wireless applications; (2) Gather data regarding the various speeds provided to consumers in comparison to what is advertised. The council may request the assistance of the Legislative Auditor in gathering this data; (3) Explore the potential for increased use of broadband service for the purposes of education, career readiness, workforce preparation and alternative career training; (4) Explore ways for encouraging state and municipal agencies to expand the development and use of broadband services for the purpose of better serving the public, including audio and video streaming, voice-over Internet protocol, teleconferencing and wireless networking;
West Virginia
2017
W.Va. Code 31G-1-5
Creation of the Broadband Enhancement Fund
Category: Funding and financing
Topic: Fund - Broadband
Creates a Broadband Enhancement Fund, administered by the Department of Commerce, to include appropriations, include gifts, bequests, or donations.
State Code
All moneys collected by the council, which may, in addition to appropriations, include gifts, bequests or donations, shall be deposited in a special revenue account in the State Treasury known as the Broadband Enhancement Fund. The fund shall be administered by and under the control of the Secretary of the Department of Commerce. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter eleven-b of this code.
West Virginia
2017
W.Va. Code 31G-1-6
Mapping of areas within state
Category: Broadband programs
Topic: Mapping
Tasks the Broadband Enhancement Council with mapping broadband and publishing an annual assessment of broadband services. Requires all entities that have received federal funds for infrastructure to provide data.
State Code
Based on its analysis of data, broadband demand, and other relevant information, the council shall establish a mapping of broadband services in the state. The council shall publish an annual assessment and map of the status of broadband, including specifically designations of unserved and underserved areas of the state.
West Virginia
2017
W.Va. Code 31G-1-9
Collection of data
Category: Broadband programs
Topic: Mapping
Allows the Broadband Enhancement Council to establish a data collection program to inform policy. Addresses requirements for data collected.
State Code
In order to ascertain, categorize, analyze, map, and update the status of broadband in the state, as well as to enable the council to make informed policy and legislative recommendations, the council may establish a voluntary data collection program. The program may include voluntarily submitted data from internet service providers, including any home or region data rate meters utilized by the provider. The program may also utilize and collect voluntarily submitted data rate information submitted by any person reflecting the person’s personal data rate at a particular IP address. This personal data rate may be based upon a web-based test or analysis program.
West Virginia
no date
W.Va. Code 31G-2-3
Legislative findings and purposes
Category: Other
Topic: Legislative Intent
Noting that many areas of rural West Virginia remain unserved or underserved by broadband, this article allows individuals and businesses to form cooperatives as an alternative means of providing broadband access.
State Code
It is the purpose of this article that individuals and businesses be able to form cooperative associations for the purpose of obtaining internet services within their respective regions and communities.
West Virginia
no date
W.Va. Code 31G-2-4
Powers
Category: Competition and regulation
Topic: Cooperatives
Enumerates the powers of coops, including providing internet services.
State Code
(a) A cooperative association shall have the following powers: (1) To engage in any qualified activity in connection with any internet service; or any activity in connection with the purchase, providing or use by its members of internet services; or in the financing, directly, through the association of any qualified activities. All transactions with nonmembers shall be on terms fixed by the association and nonmembers shall not otherwise participate in any benefits derived from such transactions
West Virginia
no date
W.Va. Code 31G-3-2
Microtrenching permitted; notification
Category: Infrastructure access
Topic: IA - Other
Authorizes microtrenching where allowed by permit. Microtrenching is the insertion of fiber and conduit into a trench no more than three-quarters of an inch wide and 9 to 12 inches deep without damaging other infrastructure. Requires that conduit be installed in a way that will allow addition of microtrenching to existing conduit. Requires that the conduit that is installed be the same size as existing one. Applications to use vacant conduit to be made through Broadband Enhancement Council.
State Code
(a) A person may perform microtrenching, where such is feasible, to the extent allowed by a permit issued by the appropriate municipality, county or state agency. All microtrenching work performed must be in accordance with the National Electrical Safety Code and other generally accepted safety codes. (b) A person must install conduit in a way that will readily permit another owner to add length to the microtrenching by connecting its own conduit to the first owner’s conduit. Where an owner connects its own conduit to another owner’s previously installed conduit, the owner must install conduit that has the same number of pathways or pipes as the previous owner’s conduit. (c) A person must install a vacant conduit of the same size as its own conduit when performing microtrenching operations. Other persons desiring use of conduit in the same area may make use of this vacant conduit upon application to the Broadband Enhancement Council.
West Virginia
no date
W.Va. Code 31G-4-2
Attachment to third party facilities
Category: Infrastructure access
Topic: Pole attachments
Allows pole “attachers” (those who connect wires to utility poles, such as phone, cable, and electric companies) to relocate pre-existing third-party attachments using contractors approved by the pole’s owner. If the relocation is expected to cause an outage, the attacher must provide a 45-day written notice of the pre-existing third-party user. If the third-party user fails to relocate facilities within 45 days, the attacher may relocate them.
State Code
(a) Upon approval of an Attachment Application, an Attacher may relocate or alter the attachments or facilities of any Pre-Existing Third Party User as may be necessary to accommodate an Attacher’s attachment using Pole Owner approved contractors; provided, however, that an Attacher will not effectuate a relocation or alteration of a Pre-Existing Third Party User’s facilities that causes or would reasonably be expected to cause a customer outage without first providing forty-five days prior written notice to the Pre-Existing Third Party User, in order to permit the Pre-Existing Third Party User to relocate its facilities on its own. (b) In the event the Pre-Existing Third Party Users of such other facilities fail to transfer or rearrange their facilities within forty-five days from receipt of notice of relocation or alteration of a Pre-Existing Third Party User’s facilities that causes or would reasonably be expected to cause a customer outage, an Attacher may undertake such work.
West Virginia
2019
W.Va. Code 31G-4-4
Public Service Commission jurisdiction; rulemaking; enforcement (Regulatory Authority)
Category: Competition and regulation
Topic: Regulatory Authority
Gives the Public Service Commission the authority to regulate over the provisions of W.Va. Code 31G-4, which includes pole attachments and broadband provision by electric utilities.
State Code
(a) The Public Service Commission shall possess and exercise regulatory jurisdiction over the provisions of this article. The commission shall administer and adjudicate disputes relating to the issues and procedures provided for under this article.
West Virginia
2019
W.Va. Code 31G-4-4
Public Service Commission jurisdiction; rulemaking; enforcement (Pole attachments)
Category: Infrastructure access
Topic: Pole attachments
Grants the Public Service Commission the authority to regulate pole attachment rates, terms, and conditions.
State Code
(b) The commission shall adopt the rates, terms, and conditions of access to and use of poles, ducts, conduits, and rights-of-way as provided in 47 U.S.C. § 224 and 47 C.F.R. § 1.1401 – 1.1415, inclusive, of the dispute resolution process incorporated by reference in those regulations and any subsequent modifications or additions to the provisions of the United States Code or Code of Federal Regulations provisions referenced herein.
(c) The commission shall certify to the Federal Communications Commission that this state, as evidenced by the enactment of this article, hereby exercises jurisdiction over the regulation of pole attachments. The certification shall include notice that the State of West Virginia hereby:
(1) Regulates the rates, terms, and conditions related to pole attachments; and
(2) In so regulating such rates, terms, and conditions, the state has the authority to consider and does consider the interests of the subscribers of the services offered via such attachments, as well as the interests of the consumers of the services.
West Virginia
2020
W.Va. Code 31G-4-5
Electric power utilities; feasibility study for providing broadband services; Public Service Commission to assist; proposed legislation to be developed; report (Service Provision - Other)
Category: Competition and regulation
Topic: Service Provision - Other
Allows electric utilities to conduct feasibility studies regarding the provision of middle-mile service along its electrical lines. Specifies what should be in a feasibility study, requires the Broadband Enhancement Council and Public Service Commission (PSC) to assist in conducting the studies, requires a seven-day public comment period on all submitted studies, and requires the PSC to issue a determination as to whether the proposed project is feasible.
State Code
(b) Each electric utility may investigate the feasibility of constructing and operating a project within the electric utility distribution system and, if it so elects, may submit a feasibility study of a proposed project to the council on or before December 1, 2019. Additional feasibility studies may be submitted to the council after December 1, 2019, without penalty.
(c) The council and the commission shall assist each such electric utility in its preparation of such a feasibility study.
(d) The feasibility study shall include an evaluation of the following:
(1) The scope of the proposed project for which the feasibility study is conducted, which shall include, but not be limited to:
(A) The route of the middle-mile infrastructure proposed for the project, the number of fiber strands that would be utilized in connection with the proposed project and dedicated to serve as the middle-mile, the location of the electric utility’s distribution infrastructure that will be utilized in connection with the proposed project, the capacity of the middle-mile broadband infrastructure that will be available to lease to last-mile broadband Internet providers upon completion of the proposed project;
(B) The estimated cost of the proposed project, including but not limited to engineering costs, construction costs, permitting costs, materials and labor, right-of-way costs, and a reasonable rate of return to the electric utility;
(C) The proposed schedule of construction of the proposed project; and
(D) The method of attachment and connection of the middle-mile broadband fiber assets to the electric utility’s distribution infrastructure;
(2) The regulatory and legal barriers to an electric utility constructing a project and operating middle-mile broadband infrastructure to provide access to unserved areas of the state, as defined in §31G-1-2 of this code, and proposed legislation to address such regulatory barriers;
(3) Whether it is in the public interest and the interest of the electric utility to make improvements to the distribution grid in furtherance of providing such middle-mile broadband Internet services in conjunction with its program of electric distribution projects;
(4) Whether it is in the public interest and the interest of the electric utility to operate middle-mile broadband Internet assets to provide access to unserved areas of the state;
(5) Whether it is in the public interest and the interest of the electric utility to permit a third party to lease such capacity to provide last-mile broadband Internet services to unserved areas of the state;
(6) Whether construction of middle-mile broadband Internet infrastructure utilizing electric utility distribution systems is feasible with respect to the maturity of the relevant technology, the compatibility of such services with existing electric services, and the financial requirements to undertake such project;
(7) The anticipated level of rate adjustment necessary to allow the electric utility to recover its costs associated with the proposed project, and a reasonable rate of return, on an expedited basis, that will be recovered by the electric utility through a rate adjustment at the commission; and
(8) Such other information that is pertinent to the project.
(e) Upon receipt of a feasibility study, the council shall post the same on the council website for written public comment for a period of seven days and then shall render a determination, by a majority vote of the council, as to the feasibility of the proposed project.
(f) In its consideration of the feasibility of a project, the council shall identify one or more last-mile broadband Internet providers that may lease the middle-mile broadband Internet capacity created by the proposed project pursuant to lease terms and conditions set by the council.
(g) The council shall render such feasibility determination within 60 days from the date the feasibility study is submitted to the council.
(h) Commencing January 1, 2020, and each year thereafter, the council shall give a report of its consideration of feasibility studies submitted pursuant to this section to the Governor, the President of the Senate, the Speaker of the House of Delegates, and the Joint Committee on Government and Finance.
West Virginia
2019
W.Va. Code 31G-4-5
Electric power utilities; feasibility study for providing broadband services; Public Service Commission to assist; proposed legislation to be developed; report (Service Provision - Other)
Category: Competition and regulation
Topic: Service Provision - Other
Allows electric utilities to conduct feasibility studies regarding the provision of middle-mile service along its electrical lines. Specifies what should be in a feasibility study, requires the Broadband Enhancement Council and Public Service Commission (PSC) to assist in conducting the study, requires a seven-day public comment period on all submitted studies, and requires the PSC to issue a determination as to whether the proposed project is feasible.
State Code
(b) Each electric utility may investigate the feasibility of constructing and operating a project within the electric utility distribution system and, if it so elects, may submit a feasibility study of a proposed project to the council on or before December 1, 2019. Additional feasibility studies may be submitted to the council after December 1, 2019, without penalty. (c) The council and the commission shall assist each such electric utility in its preparation of such a feasibility study. … (e) Upon receipt of a feasibility study, the council shall post the same on the council website for written public comment for a period of seven days and then shall render a determination, by a majority vote of the council, as to the feasibility of the proposed project. (f) In its consideration of the feasibility of a project, the council shall identify one or more last-mile broadband Internet providers that may lease the middle-mile broadband Internet capacity created by the proposed project pursuant to lease terms and conditions set by the council. (g) The council shall render such feasibility determination within 60 days from the date the feasibility study is submitted to the council. (h) Commencing January 1, 2020, and each year thereafter, the council shall give a report of its consideration of feasibility studies submitted pursuant to this section to the Governor, the President of the Senate, the Speaker of the House of Delegates, and the Joint Committee on Government and Finance.
West Virginia
2020
W.Va. Code 31G-4-5a
Electric Cooperative Providing Broadband Services
Category: Competition and regulation
Topic: Cooperatives (Electric)
Authorizes electric cooperatives to use their distribution systems, poles, or rights-of-way to provide critical infrastructure, including construction of middle- and last-mile broadband projects.
State Code
An electric cooperative organized pursuant to state and federal law, including the Rural Electrification Act of 1936, may utilize its distribution system, poles, or rights of way to provide for critical infrastructure, which may include the construction or operation, or both, of a broadband infrastructure project consisting of middle mile or last mile services, or both.
West Virginia
2020
W.Va. Code 31G-5-1 et seq.
Management of Vertical Real Estate
Category: Funding and financing
Topic: Fund - Other
Tasks the Department of Administration with coordinating with the governor to manage state-owned vertical real estate. Creates the Technology Infrastructure Reinvestment Fund to receive revenue derived from the management of the vertical real estate and to be administered by the Office of Technology. Expenditures from the fund will be reinvested in the vertical real estate or in technology infrastructure supporting broadband on state-owned property.
State Code
(a) Beginning on July 1, 2020, the Department of Administration shall coordinate with the executive to issue a request for proposals to manage state-owned vertical real estate. This request for proposals shall contain at a minimum the following information from each prospective manager:
(1) A standard method for valuation of space on each tower that is reasonable and customary for the reach of and the numbers of the population served by the vertical real estate.
(2) A clause which forbids any vendor to enter into an exclusive arrangement with any person for the right to use the vertical real estate, unless no other entity is interested, and a clause which forbids the sharing of information, backhaul, or any other resources gleaned from managing the assets competitively with any competitors.
(3) A clause forbidding the vendor from engaging in any preferential treatment to their own operations as a competing provider of wireless broadband access.
(4) A minimum of 50 percent rental reduction for any entity whose utilization of that vertical real estate is providing broadband access which is rate unlimited or unthrottled; subject to current load/demand network management.
(b) There is hereby created in the state treasury a special account to be known as the Technology Infrastructure Reinvestment Fund to be administered by the Office of Technology. All revenue derived from the management of the vertical real estate shall be deposited into the fund pursuant to §31G-5-3 of this code. Expenditures from the fund shall be made by the Office of Technology for the purpose of reinvestment in the vertical real estate or technology infrastructure supporting broadband on state-owned property. Expenditures are not authorized from collections but are to be made in accordance with appropriation by the Legislature pursuant to the provisions of §12-3-1, et seq. of this code and upon the fulfillment of the provisions of §11B-2-1, et seq. of this code.
(c) The Office of Technology shall remit to the manager the compensation as per the contract and then on June 30 each year shall distribute any funds received in excess of the compensation due the manager as follows:
(1) Fifty percent to the Technology Infrastructure Reinvestment Fund,
(2) Fifty percent will go to the Broadband Expansion Fund established in §31G-1-5 of this code in control of the Broadband Enhancement Council with the specific purpose of:
(A) Funding the ongoing operations of the Broadband Enhancement Council, and
(B) To provide funds to match federal grants.
(d) Counties, municipalities and other political subdivisions, as applicable, may join or participate in an awarded agreement with a successful manager under the same terms and conditions: Provided, That distribution of funds attributable to their assets may be expended at the discretion of their governing body.
West Virginia
2019
W.Va. Code 31H-1 et seq.
West Virginia Small Wireless facilities Deployment Act
Category: Infrastructure access
Topic: Small cell facilities
States legislative intent to facilitate small cell deployment. Requires local governments and state agencies to allow small cell deployment in the right-of-way on a nondiscriminatory basis with limited fees. Declares small cell deployment to be a permitted use within the right-of-way. Places restrictions on the physical dimensions of small cell facilities. Prescribes the types of restrictions that local governments may put on the deployment of small cell facilities. Allows local governments and state agencies to require providers to repair the right-of-way following small cell installation. Declares small cell not to be subject to zoning approval, except when it is out of the right-of-way and in single-family residential zones. Limits the requirements that local governments and state agencies can place on applicants for permits to install small cell facilities and requires permitting authorities to follow certain timelines for approving small cell permits. Limits the fees and terms the local governments and state agencies can require for collocating on government-owned poles.
State Code
(a) The provisions of this section shall only apply to activities of a wireless provider within the right-of-way. (b) Except as provided in this chapter, an authority may not prohibit, regulate, or charge for the collocation of small wireless facilities or the installation of utility poles and associated small wireless facilities. (c) An authority may not enter into an exclusive arrangement with any person for use of the right-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, or replacement of utility poles. (d) An authority may only charge a wireless provider a rate or fee for the use of the right- of-way with respect to the collocation of small wireless facilities or the installation, maintenance, modification, operation, or replacement of a utility pole in the right-of-way if the authority charges other entities for similar use of the right-of-way. Notwithstanding any provision of this article to the contrary, an authority is permitted, on a nondiscriminatory basis, to refrain from charging any rate to a wireless provider for the use of the right-of-way. The rate for occupancy and use of the right-of-way may not initially exceed $25 per year per small wireless facility. An authority may adjust this rate up to 10 percent every five years.
Wisconsin
2020
Wis. Executive Order No. 80
Relating to the Creation of the Governor's Task Force on Broadband Access
Category: Broadband programs
Topic: Task Force
Creates the Governor’s Task Force on Broadband Access and tasks it with researching and recommending broadband policies that address state goals and needs, promoting the expansion of broadband facilities and adoption, exploring and developing solutions with key stakeholders and experts, annually reporting its findings to the governor and Legislature, and preparing technical papers on key issues surrounding broadband as necessary.
State Code
NOW, THEREFORE, I, TONY EVERS, Governor of the State of Wisconsin,
by the authority vested in me by the Constitution and the laws of the State,
including Section 14.019 of the Wisconsin Statutes, do create the Governor's
Task Force on Broadband Access, and hereby order the following:
1. The Governor shall appoint an individual to chair the Task Force, and
additional members who have experience or interest in broadband or
digital inclusion.
2. The Governor's Task Force on Broadband Access shall be staffed by the
State Broadband Office, housed at the Public Service Commission of
Wisconsin.
3. The Task Force shall do the following:
a. Research and recommend forward-looking broadband policies and
initiatives that address state broadband goals and needs;
b. Promote the efficient, strategic expansion of the broadband
facilities and adoption across the state;
c. Explore and develop solutions, in collaboration with key
broadband stakeholders and experts;
d. Report to the Governor and Legislature, annually by June 30, on:
I. Recommendations for facilitating the deployment and
adoption of broadband in Wisconsin;
II. Appropriate measures of digital inclusion and strategies for
addressing identified gaps and inequities;
III. Opportunities for coordination among state, local, and
federal agencies;
IV. Current and future needs, barriers, and goals regarding
broadband access, affordability, and adoption;
V. Opportunities for innovative approaches and partnerships to
expand broadband adoption;
VI. -The role of broadband in Wisconsin's key economic, public,
and social sectors, including in education, healthcare,
agriculture, manufacturing, industry, Tribal Nations, energy,
libraries, public safety, and tourism;
VII. The extent to which consumers, health care providers,
educational institutions, libraries, and service providers have
accessed federal Universal Service Funds;
VIII. Advances in broadband technology; and
IX. The adequacy and appropriateness of existing statutory
broadband goals.
e. Identify and prepare technical or white papers on top priority
issues concerning broadband in Wisconsin, as necessary.
Wisconsin
2017
Wis. Stat. 16.99
Technology for Educational Achievement
Category: Funding and financing
Topic: Fund - Other (Schools and Libraries)
Tasks the Department of Administration with administering the Technology for Educational Achievement program. The program provides informational technology block grants to school districts and public libraries to support telecommunications infrastructure and allows the department to provide data lines to schools and libraries.
State Code
Competitive grants. In fiscal years 2017-18, 2018-19, 2019-20, and 2020-21, the department may annually award grants on a competitive basis to eligible school districts and to eligible public libraries for the purpose of improving information technology infrastructure. For purposes of awarding grants under this section, _��improving information technology infrastructure_�� includes purchasing and installing on a bus a portable device that creates an area of wireless Internet coverage and purchasing for individuals to temporarily borrow from a school or for patrons to check out from a public library a portable device that creates an area of wireless Internet coverage. In awarding grants to eligible school districts under this section, the department shall give priority to applications for school districts in which the percentage of pupils who satisfy the income eligibility criteria under 42 USC 1758 (b) (1) for a free or reduced-price lunch is greater than in other applicant school districts. … (1) Except as provided in s. 196.218 (4t), the department shall promulgate rules establishing an educational telecommunications access program to provide educational agencies with access to data lines.
Wisconsin
2003
Wis. Stat. 196.204(2m)(c)
Local government telecommunications utilities
Category: Competition and regulation
Topic: Municipal Broadband
Requires that municipal utilities that provide telecommunications service price their services above cost, except for broadband providers, if conditions are met to ensure that municipal service doesn’t unfairly compete with private providers.
State Code
(a) Each telecommunications service, relevant group of services, and basic network function offered or used by a local government telecommunications utility shall be priced to exceed its total service long-run incremental cost. (b) For purposes of par. (a), the total service long-run incremental cost of a local government telecommunications utility shall take into account, by imputation or allocation, equivalent charges for all taxes, pole rentals, rights-of-way, licenses, and similar costs that are incurred by nongovernmental telecommunications utilities. This paragraph does not apply to a local government telecommunications utility that is subject to the exemption under s. 66.0422 (3n). This paragraph also does not apply to a telecommunications service, relevant group of services, or basic network function if all of the following conditions apply: 1. On November 1, 2003, the commission has determined that the local government telecommunications utility is an alternative telecommunications utility under s. 196.203. 2. A majority of the governing board of the local government telecommunications utility votes to submit the question of supporting the operation of the local government telecommunications utility to the electors in an advisory referendum and a majority of the voters in the local government telecommunications utility voting at the advisory referendum vote to support operation of the local government telecommunications utility. (c) Paragraph (b) does not apply to a telecommunications service, relevant group of services, or basic network function that is used to provide broadband service and that is offered by a municipal telecommunications utility, if all of the following apply: 1. The municipal telecommunications utility offers the telecommunications service, relevant group of services, or basic network function on a nondiscriminatory basis to persons who provide broadband service to end users. 2. The municipality does not provide to end users the telecommunications service, relevant group of services, or broadband service provided by the basic network function. 3. The municipal utility determines that, at the time that the municipal utility authorizes the provision of the telecommunications service, relevant group of services, or basic network function, the municipal utility's provision of the service, group of services, or function does not compete with more than one provider of broadband service.
Wisconsin
no date
Wis. Stat. 196.218(5)(a)10
Uses of the fund
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Authorizes the Public Utilities Commission to administer the broadband expansion grant program.
State Code
The commission shall use the moneys in the universal service fund only for any of the following purposes: 10. To make broadband expansion grants and administer the program under s. 196.504.
Wisconsin
2015
Wis. Stat. 196.504
Broadband expansion grant program; Broadband Forward! community certification (Promotional)
Category: Broadband programs
Topic: Promotional
Establishes a Broadband Forward! community certification program to be administered by the Public Service Commission. To be recognized, a local jurisdiction must adopt an ordinance related to reviewing and permitting broadband network projects. The ordinance must designate a point of contact for broadband projects and address conditions for review timeline and permit fees.
State Code
(4) A political subdivision may apply to the commission for certification as a Broadband Forward! community. (5) A political subdivision may not be certified as a Broadband Forward! community under sub. (4) unless the political subdivision enacts an ordinance for reviewing applications and issuing permits related to broadband network projects that provides for all of the following: (a) Appointing a single point of contact for all matters related to a broadband network project. (b) Requiring the political subdivision to determine whether an application is complete and notifying the applicant about the determination in writing within 10 days of receiving the application. (c) If the political subdivision does not believe that an application is complete, requiring the written notification under par. (b) to specify in detail the required information that is incomplete. (d) If the political subdivision does not make the written notification required under par. (b), requiring the political subdivision to consider an application to be complete. (e) Allowing an applicant to resubmit an application as often as necessary until the application is complete.
Wisconsin
2015
Wis. Stat. 196.504
Broadband expansion grant program; Broadband Forward! community certification (Fund - Broadband)
Category: Funding and financing
Topic: Fund - Broadband
Tasks the Public Service Commission with administering the broadband expansion program, including making broadband expansion grants, designating underserved and unserved areas, and coordinating with federal, local, and other state agencies on permitting and other issues related to broadband network expansion.
State Code
(2) The commission shall administer the broadband expansion program and shall have the following powers: (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section shall be paid from the appropriations under s. 20.155 (3) (r) and (rm). (3) The commission shall encourage the development of broadband infrastructure in underserved areas of the state and do all of the following: (a) Provide comprehensive information concerning permits required for broadband network projects and related business activities in the state and make this information available to any person. (b) Work with other state and local government offices, departments, and administrative entities to encourage timely and efficient issuance of permits and resolution of related issues. (c) Encourage local and federal government agencies to coordinate activities related to approving applications and issuing permits related to broadband network projects.
Wisconsin
2015
Wis. Stat. 196.504(1)(b)
Broadband expansion grant program; Broadband Forward! community certification
Category: Definitions
Topic: Definition - Underserved
Defines unserved as served by fewer than two service providers.
State Code
(b) “Underserved" means served by fewer than 2 broadband service providers.
Wisconsin
2015
Wis. Stat. 196.504(1)(c)
Broadband expansion grant program; Broadband Forward! community certification
Category: Definitions
Topic: Definition - Unserved
Defines unserved as an area that is not served by at least one fixed wireless or wireline provider providing actual upload and download Speed of at least 20 percent of those defined by the Federal Communications Commission.
State Code
(c) “Unserved area” means an area of this state that is not served by an Internet service provider offering Internet service that is all of the following: 1. Fixed wireless service or wired service. 2. Provided at actual Speed of at least 20 percent of the upload and download speeds for advanced telecommunications capability as designated by the federal communications commission in its inquiries regarding advanced telecommunications capability under 47 USC 1302 (b).
Wisconsin
2017
Wis. Stat. 196.5045
Telecommuter Forward! certification
Category: Broadband programs
Topic: Promotional
Establishes a Telecommuter Forward! community certification program. Local jurisdictions can apply to the Public Utilities Commission for certification to demonstrate support for and commitment to promote telecommuting options. Must appoint an individual to serve as the single point of contact for coordinating with broadband providers and economic development professionals, and maintain communications with state broadband office.
State Code
(3) A political subdivision may not be certified as a Telecommuter Forward! community under sub. (2) unless the political subdivision adopts a resolution that does all of the following: (a) States the political subdivision's support and commitment to promote the availability of telecommuting options. (b) Provides for a single point of contact for coordinating telecommuting opportunities that has all of the following responsibilities: 1. Coordination and partnership with broadband providers, realtors, economic development professionals, employers, employees, and other telecommuting stakeholders. 2. Collaboration with broadband providers and employers to identify, develop, and market telecommuter-capable broadband packages. 3. Communication and partnership with broadband providers and economic development professionals to develop common goals. 4. Promotion of telecommuter-friendly workspaces, such as business incubators with telecommuting spaces, if such a workspace has been established in the political subdivision at the time the political subdivision adopts the resolution. 5. Familiarity with broadband mapping tools and other state-level resources. 6. Maintaining regular communication with the state broadband office. 7. Making regular reports to the governing body of the political subdivision.
Wisconsin
2017
Wis. Stat. 20.155 (3) (rm)
Public Service Commission
Category: Funding and financing
Topic: State Universal Service Fund (High Cost Support)
Defines appropriations to the Public Service Commission, including broadband expansion grants and broadband grants (other funding), as transferred from the Universal Service Fund and other the provisions of 196.218 (3) (a) 2s.
State Code
There is appropriated to the public service commission for the following programs: (3) AFFILIATED GRANT PROGRAMS. (r) Broadband expansion grants. From the universal service fund, all moneys transferred under s. 196.218 (3) (a) 2s. a., 2015 Wisconsin Act 55, section 9236 (1v), and 2017 Wisconsin Act 59, section 9237 (1) and (2) (a), for broadband expansion grants under s. 196.504. (rm) Broadband grants; other funding. From the universal service fund, as a continuing appropriation, all moneys transferred under s. 196.218 (3) (a) 2s. b., for broadband expansion.
Wisconsin
no date
Wis. Stat. 20.505(4)(mp)
Federal e-rate aid
Category: Funding and financing
Topic: State Universal Service Fund (Schools and Libraries)
Tasks the Department of Administration with administering the state's federal E-rate aid.
State Code
(mp) Federal e-rate aid. All federal moneys received under 47 USC 254 for the provision of educational telecommunications access to educational agencies under s. 16.997 to pay administrative expenses relating to the receipt and disbursement of those federal moneys, to reimburse pars. (es) and (et) as provided in s. 16.995 (3m), and, to the extent that sufficient moneys for the provision of that access are available after payment of those expenses and that reimbursement, to make payments to telecommunications providers that under contracts under s. 16.971 (13), (14), (15), or (16) provide that access to educational agencies that are eligible for a rate discount for telecommunications services under 47 USC 254; and all federal moneys received under 47 USC 254 for the provision of additional educational telecommunications access to educational agencies under s. 16.998 to reduce the rates charged those educational agencies for those services as provided in s. 16.998.
Wisconsin
2017
Wis. Stat. 24.40
Easements; annexation
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows state departments, agencies, and commissions with control of state real estate to grant easements for utilities. If the easement is granted for broadband infrastructure in an underserved area, the department granting the easement may not charge a fee.
State Code
(1r) Every board, commission, department and agency of the state having real estate belonging to the state under its control may grant easements in said property for public utility or telecommunications service through, over, under, along or to said property, including without limitation by enumeration the necessary poles, wires, structures, lines, fiber, conduits, pipes or pipe lines for heat, light, water, gas, sewer, power, telecommunications service, telegraph and transmission of messages. (2) Every such board, commission, department and agency may petition or join in a petition for and on behalf of the state as the owner of such property to annex or detach the same or any part or parts thereof to or from an adjoining municipality. (3) Notwithstanding s. 28.02 (5) or any contrary rule promulgated by the department, if the department grants an easement under sub. (1r) for the construction of broadband infrastructure in underserved areas, as designated under s. 196.504 (2) (d), the department may not require any appraisal or the payment of any fee to grant the easement.
Wisconsin
2011
Wis. Stat. 36.585
Telecommunications and information technology services
Category: Competition and regulation
Topic: Service Provision - Other
Prohibits state universities and colleges from providing broadband services that are also provided by third parties. Also prohibits state colleges and universities from using the National Telecommunications and Information Administration’s Building Community Capacity Through Broadband grants without legislative approval.
State Code
(2) The board may use telecommunications services procured by the board only for the purpose of carrying out its mission. Except as provided in sub. (3m), the board shall not offer, resell, or provide telecommunications services, that are available from a private telecommunications carrier to the general public or to any other public or private entity. (4) Beginning June 15, 2011, the board may not commit, and shall ensure that no institution or college campus or the extension, commits, any funds received from the National Telecommunications and Information Administration in the federal department of commerce related to the Building Community Capacity Through Broadband Project grant awarded to the extension to any facilities to which such funds were not committed prior to June 15, 2011, without the approval of the joint committee on finance.
Wisconsin
2019
Wis. Stat. 66.0404
Mobile tower siting regulations
Category: Infrastructure access
Topic: Wireless facilities
Addresses local zoning ordinances and application requirements for the construction or modification of wireless service facilities.
State Code
2) New Construction or Substantial Modification of Facilities and Support Structures. (a) Subject to the provisions and limitations of this section, a political subdivision may enact a zoning ordinance under s. 59.69, 60.61, or 62.23 to regulate any of the following activities: 1. The siting and construction of a new mobile service support structure and facilities. 2. With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities. (b) If a political subdivision regulates an activity described under par. (a), the regulation shall prescribe the application process which a person must complete to engage in the siting, construction, or modification activities described in par. (a). The application shall be in writing and shall contain all of the following information: 1. The name and business address of, and the contact individual for, the applicant. 2. The location of the proposed or affected support structure. 3. The location of the proposed mobile service facility. 4. If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications. 5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure. 6. If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
Wisconsin
2019
Wis. Stat. 66.0404 (4e)
Setback requirements
Category: Infrastructure access
Topic: Small cell facilities
Allows political subdivisions to impose setback requirements for mobile service support structures on or adjacent to land zoned for single-family residential uses, unless the structure supports a small cell facility.
State Code
(a) Notwithstanding sub. (4) (r), and subject to the provisions of this subsection, a political subdivision may enact an ordinance imposing setback requirements related to the placement of a mobile service support structure that applies to new construction or the substantial modification of facilities and support structures, as described in sub. (2). (b) A setback requirement may apply only to a mobile service support structure that is constructed on or adjacent to a parcel of land that is subject to a zoning ordinance that permits single-family residential use on that parcel. A setback requirement does not apply to an existing or new utility pole, or wireless support structure in a right-of-way that supports a small wireless facility, if the pole or facility meets the height limitations in s. 66.0414 (2) (e) 2. and 3. (c) The setback requirement under par. (b) for a mobile service support structure on a parcel shall be measured from the lot lines of other adjacent and nonadjacent parcels for which single-family residential use is a permitted use under a zoning ordinance.
Wisconsin
2019
Wis. Stat. 66.0414
Small wireless facilities
Category: Infrastructure access
Topic: Small cell facilities
Addresses the relationship between local governments and the owners and installers of small cell facilities. Prohibits local governments from entering into exclusive agreements with small cell providers for use of the right-of-way and from charging fees over the cost of maintaining the right-of-way. Also states that local governments must allow providers access to the right-of-way to maintain small cell facilities, though providers may be held responsible for repairing damage to the right-of-way. Also requires small cell facilities to be permitted uses except outside of the right-of-way in single-family residential zones. Outlines permitting processes that local governments must follow to facilitate deployment of small cell facilities. Limits the rates that local governments can charge for collocation on municipally owned poles to the lesser of $250 or the actual cost of allowing the collocation.
State Code
(b) Exclusive use prohibited. Neither the state nor a political subdivision may enter into an exclusive arrangement with any person for the use of a right-of-way for the construction, operation, marketing, maintenance, or collocation of small wireless facilities or wireless support structures. (c) Rates and fees. Subject to sub. (3) (e) 3., the state or a political subdivision may charge a wireless provider a nondiscriminatory rate or fee for the use of a right-of-way with respect to the collocation of a small wireless facility or the installation, modification, or replacement of a utility pole in the right-of-way only if the state or political subdivision charges other entities for the use of the right-of-way. … (e) Right of access. 1. Except as otherwise provided in this subsection and subs. (3) (c) 4. and 5. and (4), and notwithstanding ss. 182.017 and 196.58 and any zoning ordinance enacted by a political subdivision under s. 59.69, 60.61, 60.62, or 62.23, a wireless provider shall have the right to collocate small wireless facilities and construct, modify, maintain, and replace its own utility poles, or, with the permission of the owner, a 3rd party's utility pole, that supports small wireless facilities along, across, upon, and under a right-of-way. … (b) Zoning. Notwithstanding an ordinance enacted under s. 59.69, 60.61, 60.62, or 62.23, and except as provided in par. (c) 4. and 5., small wireless facilities shall be classified as permitted uses and are not subject to a political subdivision's zoning ordinances if they are collocated in a right-of-way or outside a right-of-way if the property is not zoned exclusively for single-family residential use. … (a) A person owning or controlling a governmental pole or a utility pole for designated services may not enter into an exclusive arrangement with any person for the right to attach to, or use, such poles. (b) The fees or rates charged by the owner of a pole described under par. (a), and the terms and conditions for such attachment or use, may not be discriminatory.
Wisconsin
2007
Wis. Stat. 66.0420(12)(a)3
Municipal cable system costs
Category: Competition and regulation
Topic: Municipal Broadband
Allows municipalities that own and operate their own cable system to charge nonsubscribers for the provision of broadband service if the area is not served by a private broadband provider.
State Code
(a) Except for costs for any of the following, a municipality that owns and operates a cable system, or an entity owned or operated, in whole or in part, by such a municipality, may not require nonsubscribers of the cable system to pay any of the costs of the cable system: 1. PEG channels. 2. Debt service on bonds issued under s. 66.0619 to finance the construction, renovation, or expansion of a cable system. 3. The provision of broadband service by the cable system, if the requirements of s. 66.0422 (3d) (a), (b), or (c) are satisfied.
Wisconsin
2003
Wis. Stat. 66.0422
Video service, telecommunications, and broadband facilities
Category: Competition and regulation
Topic: Municipal Broadband
Prohibits local governments from constructing, owning, or operating facilities for providing broadband, telecommunications, or video service unless they first hold a public hearing on the proposed ordinance or resolution. Local governments are required to create a report that includes the estimated costs and revenues associated with the network, including a cost-benefit analysis, and make it available for public review 30 days before the hearing. Includes exemption for unserved areas and lays out a process for local governments to determine that an area is unserved.
State Code
(2) Except as provided in subs. (3), (3d), (3m), and (3n), no local government may enact an ordinance or adopt a resolution authorizing the local government to construct, own, or operate any facility for providing video service, telecommunications service, or broadband service, directly or indirectly, to the public, unless all of the following are satisfied: (a) The local government holds a public hearing on the proposed ordinance or resolution. (b) Notice of the public hearing is given by publication of a class 3 notice under ch. 985 in the area affected by the proposed ordinance or resolution. (c) No less than 30 days before the public hearing, the local government prepares and makes available for public inspection a report estimating the total costs of, and revenues derived from, constructing, owning, or operating the facility and including a cost-benefit analysis of the facility for a period of at least 3 years. The costs that are subject to this paragraph include personnel costs and costs of acquiring, installing, maintaining, repairing, or operating any plant or equipment, and include an appropriate allocated portion of costs of personnel, plant, or equipment that are used to provide jointly both telecommunications services and other services.
Wisconsin
no date
Wis. Stat. 71.07(5e)
Internet Equipment Credit
Category: Funding and financing
Topic: Tax Incentives
Creates personal income tax credit for internet equipment used in the broadband market.
State Code
(5e) INTERNET EQUIPMENT CREDIT. (b) Filing claims. Subject to the limitations provided in this subsection and subject to 2005 Wisconsin Act 479, section 17, beginning in the first taxable year following the taxable year in which the claimant claims a deduction under s. 77.585 (9), a claimant may claim as a credit against the taxes imposed under ss. 71.02 and 71.08, up to the amount of those taxes, in each taxable year for 2 years, the amount of sales and use tax certified by the department of commerce that resulted from the claimant claiming a deduction under s. 77.585 (9).
Wisconsin
no date
Wis. Stat. 71.07(5e)(a)2
Credits
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines internet equipment used in the broadband market to be equipment that can transmit data at Speed of 200 kilobits per second in both directions.
State Code
2. “Internet equipment used in the broadband market" means equipment that is capable of transmitting data packets or Internet signals at Speed of at least 200 kilobits per second in either direction.
Wisconsin
no date
Wis. Stat. 71.28(5e)
Internet Equipment Credit
Category: Funding and financing
Topic: Tax Incentives
Creates corporate income tax credit for internet equipment used in the broadband market.
State Code
Filing claims. Subject to the limitations provided in this subsection and subject to 2005 Wisconsin Act 479, section 17, beginning in the first taxable year following the taxable year in which the claimant claims a deduction under s. 77.585 (9), a claimant may claim as a credit against the taxes imposed under s. 71.23, up to the amount of those taxes, in each taxable year for 2 years, the amount of sales and use tax certified by the department of commerce that resulted from the claimant claiming a deduction under s. 77.585 (9).
Wisconsin
no date
Wis. Stat. 71.47(5e)
Internet Equipment Credit
Category: Funding and financing
Topic: Tax Incentives
Creates corporate income tax credit for internet equipment used in the broadband market.
State Code
Filing claims. Subject to the limitations provided in this subsection and subject to 2005 Wisconsin Act 479, section 17, beginning in the first taxable year following the taxable year in which the claimant claims a deduction under s. 77.585 (9), a claimant may claim as a credit against the taxes imposed under s. 71.43, up to the amount of those taxes, in each taxable year for 2 years, the amount of sales and use tax certified by the department of commerce that resulted from the claimant claiming a deduction under s. 77.585 (9).
Wisconsin
2020
Wis. Stat. 76.80 et. seq.
Telephone Company Tax
Category: Funding and financing
Topic: Tax Incentives
Exempts qualified broadband service property, defined as tangible personal property installed in a rural area after Jan. 1, 2020, that is used to provide internet service at speeds of at least 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads or in a rural or underserved area after Dec. 31, 2019, to provide service meeting or exceeding a speed standard of 25 Mbps for downloads and 3 Mbps for uploads or the speed standards established by the Federal Communications Commission, whichever is higher, from telephone companies’ real property and tangible personal property taxes.
State Code
Imposition. There is imposed a tax on the real property of, and the tangible personal property of, every telephone company, excluding property that is exempt from the property tax under s. 70.11 (39) and (39m), motor vehicles that are exempt under s. 70.112 (5), property that is used less than 50 percent in the operation of a telephone company, as provided under s. 70.112 (4) (b), treatment plant and pollution abatement equipment that is exempt under s. 70.11 (21), and qualified broadband service property. Except as provided in s. 76.815, the rate for the tax imposed on each description of real property and on each item of tangible personal property is the net rate for the prior year for the tax under ch. 70 in the taxing jurisdictions where the description or item is located. The real and tangible personal property of a telephone company shall be assessed as provided under s. 70.112 (4) (b).
Wisconsin
no date
Wis. Stat. 77.51(5m)
Definitions
Category: Definitions
Topic: Definition - Broadband (Speed of 1.5 Mbps or less)
Defines internet equipment used in the broadband market to be equipment that can transmit data at Speed of 200 kilobits per second in both directions.
State Code
(5m) For purposes of s. 77.585 (9), “Internet equipment used in the broadband market" means equipment that is capable of transmitting data packets or Internet signals at Speed of at least 200 kilobits per second in either direction.
Wisconsin
2005
Wis. Stat. 77.585(9)(a)
Return adjustments
Category: Funding and financing
Topic: Tax Incentives
Allows a tax deduction on internet equipment if the purchaser demonstrates to the Department of Commerce that the investment in the equipment will be used to expand broadband availability.
State Code
) Subject to 2005 Wisconsin Act 479, section 17, a purchaser may claim as a deduction that portion of its purchase price of Internet equipment used in the broadband market for which the tax was imposed under this subchapter, if the purchaser certifies to the department of commerce, in the manner prescribed by the department of commerce, that the purchaser will, within 24 months after July 1, 2007, make an investment that is reasonably calculated to increase broadband Internet availability in this state. The purchaser shall claim the deduction in the same reporting period as the purchaser paid the tax imposed under this subchapter. (b) Every person who is required to make the investment under par. (a) shall, within 60 days after the end of the year in which the investment is made, file a report with the department of commerce that provides a detailed description of the investment, including the amount invested. The department of commerce shall provide copies of the report to the department of administration, the department of revenue, and the public service commission.
Wisconsin
no date
Wis. Stat. 86.16
Utility lines on highways; place of poles; penalty
Category: Infrastructure access
Topic: Permitting
Allows access to state and local right of way for constructing and operating utility infrastructure, including broadband infrastructure. If the Department of Transportation agrees to build this infrastructure in underserved areas, it cannot charge a fee for the initial permit.
State Code
(1) Any person, firm, or corporation, including any foreign corporation authorized to transact business in this state, may, subject to ss. 30.44 (3m), 30.45 and 196.491 (3) (d) 3m., with the written consent of the department with respect to state trunk highways, and with the written consent of local authorities with respect to highways under their jurisdiction, including connecting highways, construct and operate lines, wires, or fiber for telecommunications service, as defined in s. 182.017 (1g) (cq), telegraph, telephone, or electric lines, or pipes or pipelines, for the purpose of transmitting voice, video, data, messages, water, liquid manure, heat, light, or power along, across, under, or within the limits of the highway. (6) If the department consents under sub. (1) to the construction of broadband infrastructure in underserved areas, as designated under s. 196.504 (2) (d), the department may not charge any fee for the initial issuance of any permit necessary to construct broadband infrastructure along, across, or within the limits of a highway.
Wyoming
2019
Wyo. Stat. 1-26-813
Right of way along public ways granted; permission necessary for new lines (Rights-of-way)
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows communications companies, including internet service providers, to deploy facilities in public rights-of-way, with the permission of the state transportation commission and local county commissions.
State Code
(a) Corporations authorized to do business in this state for the purpose of constructing, maintaining and operating a public utility or communications company may set their fixtures and facilities along, across or under any of the public roads, streets and waters of this state in such manner as not to inconvenience the public in their use. Any public utility or communications company desiring to install its facilities in any city shall first attempt to obtain consent from the city council in accordance with applicable law. A person shall first obtain permission from the state transportation commission or the board of county commissioners in the county where the construction is contemplated before entering upon any state highway or county road for the purpose of commencing the construction.
Wyoming
2019
Wyo. Stat. 1-26-813
Right_��of_��way along public ways granted; permission necessary for new lines (Rights-of-way)
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows communications companies, including internet service providers, to deploy facilities in public rights-of-way, with the permission of the transportation commission and the local county commission.
State Code
(a) Corporations authorized to do business in this state for the purpose of constructing, maintaining and operating a public utility or communications company may set their fixtures and facilities along, across or under any of the public roads, streets and waters of this state in such manner as not to inconvenience the public in their use. Any public utility or communications company desiring to install its facilities in any city shall first attempt to obtain consent from the city council in accordance with applicable law. A person shall first obtain permission from the state transportation commission or the board of county commissioners in the county where the construction is contemplated before entering upon any state highway or county road for the purpose of commencing the construction.
Wyoming
2019
Wyo. Stat. 36-9-118
Rights-of-way for public conveyances
Category: Infrastructure access
Topic: Rights-of-way (Other)
Allows the board of land commissioners to grant permanent rights-of-way or easements along public lands to communications companies, including internet service providers.
State Code
The board may, at their discretion, grant permanent rights-of-way or easements across or upon any portion of state or school lands, upon such terms as the board may determine, for any ditch, reservoir, railroad, public highway, telegraph and telephone lines, communications company facility or other public conveyances. As used in this section, "communications company" means as defined in W.S. 1-26-813.
Wyoming
2019
Wyo. Stat. 39-15-105
Exemptions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines broadband services as 25 megabits per second (Mbps) download and 3 Mbps upload for residential customers and 1 gigabit per second download and 100 Mbps upload for business customers, for purposes of assessing sales tax on telecommunications equipment.
State Code
"Broadband internet service" means high speed internet access that in residential areas is capable of download speeds of at least twenty-five (25) megabits per second and upload speeds of at least three (3) megabits per second or, in business corridors, as defined by rule of the Wyoming business council under W.S. 9-12-1501(g), is capable of download speeds of at least one (1) gigabit per second and upload speeds of at least one hundred (100) megabits per second;
Wyoming
2019
Wyo. Stat. 39-15-105
Exemptions (Tax Incentives)
Category: Funding and financing
Topic: Tax Incentives
Exempts equipment used in providing broadband service from the state sales tax.
State Code
(viii) For the purpose of exempting sales of services and tangible personal property as an economic incentive, the following are exempt: (U) Sales of equipment to a telecommunications service provider, video programming service provider or provider of internet access used to provide broadband internet service in an unserved area.
Wyoming
2019
Wyo. Stat. 39-16-105
Exemptions
Category: Funding and financing
Topic: Tax Incentives
Exempts equipment used in providing broadband service from the state excise tax.
State Code
(viii) For the purpose of exempting sales of services and tangible personal property as an economic incentive, the following are exempt: … (K) Purchases of equipment by a telecommunications service provider, video programming service provider or provider of internet access used to provide broadband internet service in an unserved area. A telecommunications service provider, video programming service provider or provider of internet access may allocate the purchase price of equipment using any reasonable method, instead of specific geographic accounting, if the method is consistently used by the provider and supported by verifiable data that reasonably reflects the location where the equipment is used. The definitions in W.S. 39-15-105(a)(viii)(U)(II) shall apply to this subparagraph. This subparagraph is repealed effective July 1, 2024.
Wyoming
2018
Wyo. Stat. 9-12-103
Wyoming business council; creation; composition; compensation; termination; meetings; surety bonds; fiscal control
Category: Broadband programs
Topic: Task Force
Directs the Business Development Council to form an advisory council for broadband and to appoint a coordinator to staff the council, in accordance with Wyo. Stat. 9-12-1509.
State Code
(f) The council may also form committees and advisory councils, which may include representatives who are not members of the board, to undertake more extensive study and discussion of the issues before the board. The council shall form an advisory council for broadband development and designate a broadband coordinator in accordance with W.S. 9-12-1509.
Wyoming
2018
Wyo. Stat. 9-12-105 (a) (ix)
Economic development services
Category: Broadband programs
Topic: Plan
Defines responsibilities of the Business Development Council related to encouraging and supporting economic development and expansion, including the adoption of a state broadband enhancement plan.
State Code
(a) It shall be the duty of the council to encourage, stimulate and support the development and expansion of the economy of the state. The council is charged with the following duties and responsibilities: (i) To see that there are prepared and carried out effective economic development and diversification marketing and promotional programs; (ix) To adopt a state broadband enhancement plan.
Wyoming
2018
Wyo. Stat. 9-12-1404
Economic diversification account created; authorized expenditures
Category: Funding and financing
Topic: Fund - Broadband
Creates a broadband development subaccount as a component of the economic diversification account. Funds from this account are appropriated through the governor’s office and administered in accordance with Wyo. Stat. 9-12-1501 through 9-12-1508.
State Code
(a) There is created an economic diversification account. All monies in the account are continuously appropriated to the office of the governor to be used for the purposes of this article and as otherwise specified by law, including per diem, mileage and other administrative expenses of the ENDOW executive council. Notwithstanding W.S. 9-2-1008 and 9-4-207, funds in the account or subaccounts of the account shall not lapse at the end of the fiscal period. Interest earned on funds in the account shall be deposited to the account or appropriate subaccount. Within the account shall be subaccounts. For accounting and investment purposes only all subaccounts shall be treated as separate accounts. The subaccounts are as follows: (i) The agriculture marketing subaccount. Funds within this subaccount may be expended as requested by the Wyoming business council and approved by the governor or his designee to provide funding for purposes of W.S. 9-12-109; (ii) The broadband development subaccount. Funds within this subaccount may be expended as requested by the Wyoming business council and approved by the governor or his designee to provide funding for agreements entered into pursuant to W.S. 9-12-1501 through 9-12-1508;
Wyoming
2018
Wyo. Stat. 9-12-1501
Broadband development program established; purposes; eligibility; definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Defines “broadband” as service providing speeds of 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads in residential areas and 1 gigabit per second for downloads and 100 Mbps for uploads in business corridors, for the purposes of the broadband funding program.
State Code
(b) Funds may be provided under this article for the acquisition, deployment and installation of infrastructure that supports broadband service at a minimum of at least twenty–five (25) megabits per second download and three (3) megabits per second upload in residential areas and one (1) gigabits per second download speed and one hundred (100) megabits per second upload speed in business corridors.
Wyoming
2018
Wyo. Stat. 9-12-1501
Broadband development program established; purposes; eligibility; definitions (Definition - Broadband)
Category: Definitions
Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)
Establishes a broadband funding program, administered by the Wyoming Business Council, to promote broadband expansion to unserved areas. Funded projects must provide Speed of 25 megabits per second (Mbps) download and 3 Mbps upload in residential areas and 1 gigabit per second download and 100 Mbps upload in business corridors.
State Code
(a) A broadband funding program is established under the Wyoming business council to provide funds to eligible applicants in order to promote the expansion of access to broadband service in unserved areas of the state. (b) Funds may be provided under this article for the acquisition, deployment and installation of infrastructure that supports broadband service at a minimum of at least twenty–five (25) megabits per second download and three (3) megabits per second upload in residential areas and one (1) gigabits per second download speed and one hundred (100) megabits per second upload speed in business corridors.
Wyoming
2018
Wyo. Stat. 9-12-1501 et seq.
Broadband Development Program
Category: Funding and financing
Topic: Fund - Broadband
Establishes a broadband funding program, administered by the Wyoming Business Council, to promote broadband expansion to unserved areas. Funded projects must provide speeds of 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads in residential areas and 1 gigabit per second for downloads and 100 Mbps for uploads in business corridors. Directs the council to develop administrative procedures for application and funding processes by Sept. 1, 2018. Outlines that funding may not include requirements for an open access network, terms or conditions that differ from other providers operating in the service area, rate regulation, or time constraints that are not technologically feasible. Defines required content for applications to the broadband funding program. Creates a process that allows internet service providers to challenge applications submitted to the program by demonstrating that they have taken significant steps toward providing service comparable to the proposed project and can do so within 18 months of the project funding determinations. Directs the council to prioritize funding applications from public-private partnerships and those that offer new or substantially improved service, serve economically distressed areas, promote adoption, and have community support. Sets the total program funding amount for any single project at $5 million and requires a 50% match.
State Code
9-12-1501. (a) A broadband funding program is established under the Wyoming business council to provide funds to eligible applicants in order to promote the expansion of access to broadband service in unserved areas of the state. (b) Funds may be provided under this article for the acquisition, deployment and installation of infrastructure that supports broadband service at a minimum of at least twenty–five (25) megabits per second download and three (3) megabits per second upload in residential areas and one (1) gigabits per second download speed and one hundred (100) megabits per second upload speed in business corridors.
Wyoming
2019
Wyo. Stat. 9-12-1501(e)
Broadband development program established; purposes; eligibility; definitions
Category: Definitions
Topic: Definition - Unserved
Defines unserved areas as those in which no fixed terrestrial broadband service is available or where the service reaches a maximum speed of 25 megabits per second (Mbps) download and 3 Mbps upload for residential areas. For business corridors, it defines an unserved area as having service with a maximum speed of either 25 Mbps download and 3 Mbps upload in municipalities with populations under 2,000 or 50 Mbps download and 5 Mbps upload in municipalities with populations greater than 2,000.
State Code
(e) As used in this article, until established otherwise by rule of the Wyoming business council pursuant to subsection (f) of this section, "unserved area" is an area in which there exists no fixed terrestrial broadband service, or in which the maximum fixed terrestrial broadband speed available: (i) To residential customers is at speeds less than twenty-five (25) megabits per second download and three (3) megabits per second upload; (ii) To a business corridor within a municipality: (A) With a population of less than two thousand (2,000), is twenty-five (25) megabits per second download and three (3) megabits per second upload; (B) With a population of two thousand (2,000) or more, is fifty (50) megabits per second download and five (5) megabits per second upload. (iii) To a business corridor in an unincorporated area of a county, is twenty-five (25) megabits per second download and three (3) megabits per second upload.
Wyoming
2018
Wyo. Stat. 9-12-1508
Minimum broadband speeds
Category: Definitions
Topic: Definition - Broadband (As defined by FCC or U.S. Code)
Directs the Business Development Council to adopt a rule to establish speed requirements for projects funded by the broadband funding program. Minimum speeds must consider Federal Communications Commission speeds and meet or exceed 25 megabits per second (Mbps) download and 3 Mbps upload for residential service and, by Jan. 1, 2022, 1 gigabit per second and 100 Mbps for business service.
State Code
The council shall establish by rule minimum business and residential upload and download speeds which broadband projects must meet upon completion of construction to qualify for funding under this article. In establishing minimum speeds the council shall consider speeds established by the federal communications commission as minimums necessary to be considered “advanced telecommunications capability” and speeds needed to attract businesses to Wyoming communities. Speeds adopted by the council shall meet or exceed a download speed of twenty–five (25) megabits per second and an upload speed of three (3) megabits per second. For projects primarily serving business entities the minimum speed adopted by the council shall be one (1) gigabits per second download speed and one hundred (100) megabits per second upload speed, commencing January 1, 2022.
Wyoming
2018
Wyo. Stat. 9-12-1509
Advisory council; broadband coordinator (Mapping)
Category: Broadband programs
Topic: Mapping
Requires Broadband Advisory Council to provide recommendations to develop a map and inventory of broadband availability.
State Code
(b) The advisory council shall provide advice and make recommendations to the business council on the following subjects: (i) The development of an inventory and map of current broadband availability, as provided by voluntary submission from broadband providers and derived from other resources, including Federal Communications Commission reports, and identification of areas of the state unserved by broadband technology
Wyoming
2018
Wyo. Stat. 9-12-1509
Advisory council; broadband coordinator (Plan)
Category: Broadband programs
Topic: Plan
Requires Broadband Advisory Council to create a broadband enhancement plan.
State Code
(b) The advisory council shall provide advice and make recommendations to the business council on the following subjects: (v) Propose to the council: (A) A state broadband enhancement plan, for adoption by the council not later than September 1, 2018; (B) Not later than March 1, 2020, propose recommended changes to upload and download speeds specified in the definition of unserved areas, including unserved residential and business corridors.
Wyoming
2018
Wyo. Stat. 9-12-1509
Advisory council; broadband coordinator (Task Force)
Category: Broadband programs
Topic: Task Force
Establishes a Broadband Advisory Council, to be coordinated by the Business Development Council in consultation with the Economically Needed Diversity Options for Wyoming (ENDOW) Executive Council. Defines the council’s composition and responsibilities, including providing advice on the development of an inventory and map of broadband availability, advising on applications for funding under the broadband funding program, and proposing a state broadband plan.
State Code
(a) The business council shall, in consultation with the economically needed diversity options for Wyoming (ENDOW) executive council, establish a broadband advisory council consisting of eleven (11) members. One (1) member shall be the state chief information officer or his designee. Remaining members shall be appointed by the council from the public at–large, with geographic diversity and to include diverse interests, including backgrounds in economic development, state or local government entities, broadband providers, technology related businesses, health care, education, library services and public safety. At least one (1) representative of the Northern Arapaho or Eastern Shoshone tribes of the Wind River Indian Reservation shall be appointed to the advisory council. One (1) senator appointed by the president of the senate and one (1) representative appointed by the speaker of the house shall serve as legislative liaisons to the advisory council. Legislative liaisons shall be paid salary, per diem and mileage as provided in W.S. 28-5-101 when attending meetings of the advisory council. Members of the advisory council shall receive no salary, but shall be reimbursed under W.S. 9-3-102 and 9-3-103 for per diem and travel expenses incurred in the performance of their duties.
Wyoming
2018
Wyo. Stat. 9-2-2906
Office of the State Chief Information Officer and director; authority; duties of department
Category: Broadband programs
Topic: Agency
Defines enhancing statewide broadband adoption and coordination among governmental users as a responsibility of the Office of the Chief Information Officer.
State Code
(a) The state chief information officer may: (i) Employ professional, technical and other assistants to work in the director's office or in any of the divisions, along with other employees necessary to carry out the purpose of this article; (ii) Formulate through his office the policies and programs to be carried out by the department through its respective divisions; (iii) Require employees or applicants for employment who have access to confidential information or records to submit to fingerprinting in order to obtain state and national criminal history record information as a condition for a position with the department in accordance with W.S. 7-19-106 and 7-19-201. (b) The department shall carry out the following coordination and management functions: (xii) Enhance statewide broadband adoption and coordination among all governmental users in coordination with the Wyoming business council and its broadband advisory council;
Pew’s broadband research initiative reviewed state statutes, executive orders, and other governing directives for “broadband” and related terms (e.g., “high-speed internet”). This tool also includes information on state broadband programs gathered from state websites. All information was provided to states for review and verification.
Exclusive state-policy research, infographics, and stats every two weeks.
![](/-/media/post-launch-images/2019/07/gettyimages-481072427/16x9_m.jpg?la=da&h=346&w=615&hash=8A8CFB9D729C67C57F43CEFC0826E37F)
![](/-/media/post-launch-images/2019/07/gettyimages-481072427/1x1_s.jpg?la=da&h=615&w=615&hash=207CDE3DC75CC13FB86A73702A4A9459)
How States Support Broadband Projects
How States Support Broadband Projects
As high-speed, reliable internet access becomes increasingly important in modern life, state leaders are seeking ways to fund projects to expand this vital service. Although the mechanisms that states use are fairly consistent, they have different approaches for distributing funds and encouraging investment.
![](/-/media/post-launch-images/2019/05/rev_blueprint_raw_np_rf/16x9_m.jpg?la=da&h=346&w=615&hash=84C75488A3D56753AC19C18020447FD3)
![](/-/media/post-launch-images/2019/05/rev_blueprint_raw_np_rf/1x1_s.jpg?la=da&h=615&w=615&hash=64E5EAB28332A2B5B6661E1CA1D5AEFA)
Broadband Infrastructure Should Be a National Priority
This line has become shorthand for the idea that new infrastructure, once built, attracts customers. But with broadband—the technology that brings high-speed, reliable internet into our homes, schools, farms, and workplaces—the quote may have an unhappy twist: if you don’t build it, they won’t have a chance
![](/-/media/post-launch-images/2015/11/pew_mappin_raw_km_rf/pew_mappin_raw_km_rf_16x9.jpg?la=da&h=346&w=615&hash=9D739A5FE7CB7454A13C8E5A5A3DCAC0)
![](/-/media/post-launch-images/2015/11/pew_mappin_raw_km_rf/pew_mappin_raw_km_rf_1x1.jpg?la=da&h=615&w=615&hash=49802F2BBBC5D654394D037A8EB6C152)
State Strategies for Improving Broadband Access
States differ in how they manage broadband deployment and which agencies or offices they task with identifying challenges, charting goals, and encouraging investment. Some states have a centralized office responsible for managing or coordinating broadband efforts. In others, multiple agencies have jurisdiction over broadband. More than half of states have established dedicated funds to support deployment of high-speed internet, and many have developed goals, plans, and maps for expansion of access.