| State | Statute | Description | Category |
| Alabama | Code of Ala. § 37-2A-2 | Defines broadband as any internet access service that includes the capability to transmit upstream or downstream at a rate not less than 200 kilobits per second. | Definition |
| Alabama | Code of Ala. § 37-2A-4 | Prohibits the Public Service Commission from exercising jurisdiction over any aspect of broadband service. | Regulation |
| Alabama | Code of Ala. § 11-50B-1 et seq. | Provides for ownership and/or operation of internet services by municipalities. | Government Ownership & Operation |
| Arkansas | A.C.A. § 4-113-101 et seq. | Defines broadband as internet access service provided at a rate not less than 384 kilobits per second in either direction. Creates and provides for the operation of Connect Arkansas. Tasks the nonprofit with promoting broadband adoption and deployment with the goal of universal broadband service by 2012. Creates the Broadband Advisory Council to monitor broadband initiatives in other states and advise the Governor and General Assembly on effective broadband policies. Establishes registration mechanism for service providers through Connect Arkansas so that unserved and underserved areas can be more effectively targeted. | Definition/Coordination & Leadership |
| Arkansas | A.C.A. § 23-17-404 | Establishes the Arkansas High Cost Fund to be used to extend and expand the availability of broadband services in rural or high-cost areas. | Financing |
| Arkansas | A.C.A. § 23-18-701 et seq. | Enables the deployment of broadband service over power lines. Provides for an electric utility or an affiliate to own or operate the broadband system. | BPL |
| California | Cal. Pub Util Code § 709.7 | Orders compliance with provision of broadband over telephone lines. | Regulation |
| California | Cal. Pub Util Code § 883 | Mandates that the Public Utility Commission investigate the inclusion of high-speed communication and internet services in universal services. | Universal Service |
| Colorado | Colo. Rev. Stat. § 24-37.5-105 | Creates the Office of Innovation and Technology and charges the office to investigate and develop methods for maximizing broadband access throughout the state. | Coordination & Leadership |
| Colorado | Colo. Rev. Stat. § 29-27-101 | Declares the intent to ensure consistent regulatory and policy framework for advanced telecommunications services, including broadband. Expresses concern about the regulation of advanced telecommunications services at the local government level. | Regulation |
| Colorado | Colo. Rev. Stat. § 29-27-103 | Prevents local governments from providing telecommunications services except in limited circumstances. | Government Ownership & Operation |
| Colorado | Colo. Rev. Stat. § 29-27-201 | Requires a referendum before local government can provide telecommunications services. | Government Ownership & Operation |
| Colorado | Colo. Rev. Stat. § 29-27-202 | Allows local governments to provide service only if they request service from a provider and that provider does not respond within 60 days. | Government Ownership & Operation |
| Connecticut | Conn. Gen. Stat. § 12-412 | Exempts sales tax on items used to provide telecommunications, high-speed data transmission or broad-band internet services | Tax Incentives |
| Florida | Fla. Stat. § 212.08 | Exempts development projects sponsored by non-profit or government "eligible sponsors" to increases access to high-speed broadband capability for rural communities with enterprise zones from sales tax. | Tax Incentives |
| Florida | Fla. Stat. § 220.183 | Provides income tax credits for any project designed to provide increased access to high-speed broadband capabilities which includes coverage of a rural enterprise zone. | Tax Incentives |
| Florida | Fla. Stat. § 350.81 | Allows a government entity to provide high-speed-internet-access-service only after two separate public hearings. Any government entity providing communications services may not price the service below cost. | Government Ownership & Operation |
| Florida | Fla. Stat. § 364.013 | Protects broadband services from local government regulation and specifically prohibits the regulation of Voice Over Internet Protocol. | Regulation |
| Georgia | O.C.G.A. § 46-5-221 | Defines broadband as internet access service provided at a rate not less than 200 kilobits per second in either the upstream or downstream direction. | Definition |
| Georgia | O.C.G.A. § 46-5-222 | Prohibits the Public Service Commission from exercising jurisdiction over broadband service. | Regulation |
| Georgia | O.C.G.A. § 48-7-29.11 | Offers tax credit to both employees and employers who participate in telework programs. Effective 07/01/2007. | Tax Incentives |
| Georgia | O.C.G.A. § 48-7-40.2 et. seq. | Offers telecommunications companies a state tax credit for existing telecommunications infrastructure. Tax credits are one percent, three percent, or five percent depending on location. | Tax Incentives |
| Georgia | O.C.G.A. § 50-25-1 et seq. | Creates the South Georgia Regional Information Technology Authority to fund and oversee economic development projects in the region. These projects are defined to include broadband deployment and improvement. | Coordination & Leadership |
| Hawaii | Hawaii Rev. Stat. § 235-110.51 | Offers tax credit to build or improve high-speed telecommunications. | Tax Incentives |
| Hawaii | 2007 Hawaii Sess. Laws Act #2 | Establishes a Hawaii Broadband Task Force to remove barriers to broadband access. The Task Force is to gain wider access to public rights-of-way; identify opportunities for increased broadband deployment and adoption, including very high speed broadband services; and enable the creation and deployment of new advanced communication technologies in Hawaii. | Coordination & Leadership |
| Idaho | Idaho Code § 63-3029I | Offers a nonrefundable income tax credit of 3 percent to service providers for a qualified investment in broadband equipment installed between 01/01/2001 and 12/31/2005. | Tax Incentives |
| Illinois | Public Act 96-0009 (2007) | Creates the Broadband Access on Passenger Rail Act and requires a plan for ensuring high speed data transmission services on all passenger rail systems. Specifies that the plan address rights of way, infrastructure, the operation of the service, and funding sources. | Passenger Rail Access |
| Illinois | Public Act 95-0684 (2007) | Provides for the enlistment of a non-profit organization by the Department of Commerce and Economic Opportunity to develop and implement a state-wide broadband deployment strategy and to bolster demand for high-speed internet services. Tasks the non-profit with establishing local county planning teams, assessing the current state of broadband deployment, and encouraging collaboration between private providers and state and local entities. Creates the High Speed Internet Services and Information Technology Fund to be used for grants to the non-profit. Allows municipalities and counties to build broadband infrastructure and provide services. | Coordination & Leadership/ Government Ownership & Operation |
| Indiana | Ind. Code § 4-4-10.9-11 | Includes broadband development projects in the definition of industrial development projects eligible for financing from the Indiana finance authority. | Financing |
| Indiana | Ind. Code § 8-1-2.6-1.1 | Prohibits the Indiana Utilities Commission from exercising jurisdiction over broadband services. | Regulation |
| Indiana | Ind. Code § 8-1-2.6-1.3 | Defines broadband service as an internet connection that allows transmission at an average speed of at least one and one-half (1.5) megabits per second downstream and at least three hundred eighty-four (384) kilobits per second upstream. | Definition |
| Indiana | Ind. Code § 8-1-33 | Provides for government financing to broadband developments who build broadband infrastructure in underserved areas and to broadband operators who provide affordable service to Indiana residents through the Indiana Broadband Development Program. | Financing |
| Kansas | Kan. Stat. Ann. § 66-1,187 | Defines broadband as the transmission of digital signals at rates equal to or greater than 1.5 megabits per second. | Definition |
| Kentucky | Ky. Rev. Stat. § 147A.023 | Tasks the Governor's Office for Local Development with tracking broadband deployment and adoption; reporting progress to the Legislative Research Commission; enabling public-private partnership; and serving as a general resource on broadband issues. | Coordination & Leadership |
| Kentucky | Ky. Rev. Stat. § 224A.1121 | Establishes broadband deployment account to assist government and private sector entities to construct infrastructure for the deployment of broadband service to unserved areas. | Financing |
| Kentucky | Ky. Rev. Stat. § 278.5462 | Requires that “the provision of broadband shall be market-based and not subject to state administrative regulation...with respect to...(a) the availability of facilities or equipment used to provide broadband services; or (b) the rates, terms or conditions for, or entry into, the provision of broadband service.” | Regulation |
| Louisiana | La. Rev. Stat. Ann. § 3:333 | Creates the Delta Development Initiative that includes funding for a business incubator program to provide high speed internet access to businesses in the impoverished region of northeast Louisiana. | Coordination & Leadership |
| Louisiana | La. Rev. Stat. Ann. § 45:844.43 et seq. | Allows local governments to provide high-speed internet services only if a preliminary public hearing is held and if a required feasibility study is approved and demonstrates that the annual revenues will exceed the annual costs by at least enough to meet any bond obligations. | Government Ownership & Operation |
| Louisiana | La. Rev .Stat. Ann. § 51:955.1-4 | Creates the Louisiana Broadband Advisory Council and tasks the council with providing strategic guidance for broadband deployment. | Coordination & Leadership |
| Louisiana | La. Rev. Stat. Ann. § 51:955:5 | Establishes the Broadband Infrastructure and Information Technology Fund to expand broadband services in Louisiana. | Financing |
| Maine | Me. Rev. Stat. Ann. tit. 35-A, § 9201 et seq. | Creates the ConnectME Authority to stimulate investment in broadband infrastructure in unserved or underserved areas. | Coordination & Leadership/ Financing |
| Maryland | Md. Ann. Code art. 41 § 21-101 et seq. | Establishes the Maryland Rural Broadband Coordination Board and tasks board with assisting to deploy broadband infrastructure in rural and underserved areas. | Financing |
| Maryland | Md. Ann. Code art. 83A § 5-1902 | Creates Rural Broadband Assistance Fund to assist with the establishment of broadband communication services in rural and underserved areas. | Financing |
| Maryland | Md. State Finance and Procurement Code § 2-207 | Establishes the Rural Maryland Prosperity Investment Fund to raise the standard of living in rural areas of the state, in part through the enhancement of broadband deployment and services. | Financing |
| Maryland | Md. Transportation Code § 8-654 | Prohibits rights-of-way charges to non-profits for installation of broadband infrastructure in rural and underserved areas. | Rights-of-Way |
| Massachussetts | ALM GL ch. 23A § 3 | Creates a division of wireless and broadband development within the Massachusetts Office of Business Development (MODB). The director is responsible for creating a plan to ensure that services are deployed throughout the state. | Coordination & Leadership |
| Massachussetts | ALM GL ch. 40J § 6B | Establishes a wireless and broadband development council to foster the development of wireless internet, cellular and broadband infrastructure. The council is tasked with promoting access to high speed internet connectivity and telecommunications across the commonwealth, with a special interest in enhancing and increasing wireless internet, cellular and broadband coverage in underserved communities; promoting economic development; meeting the commonwealth's homeland security and emergency preparedness needs; improving government efficiency; and enhancing residents' quality of life. | Coordination & Leadership |
| Massachussetts | ALM GL ch. 40J § 6C | Establishes the Wireless and Broadband Development Fund to finance the activities of the wireless and broadband development council. | Financing |
| Michigan | MCLS § 125.1432 | Directs the State Housing Development Authority to conduct an annual review of all loans, financial instruments that require repayment, or lines of credit with the Michigan Broadband Development Authority that analyzes of the number of authority-assisted or -financed developments and homes purchasing high-speed internet connections at substantially reduced rates as a direct result of loans from the Michigan Broadband Development Authority. | Assessment |
| Michigan | MCLS § 125.1657 | Allows the Downtown Development Authority to contract for broadband service and wireless technology service for the downtown districts of Michigan municipalities. | Government Ownership & Operation |
| Michigan | MCLS § 484.2102 | Defines broadband service as a retail service capable of transmitting data at a rate greater than 200 kilobits per second. | Definition |
| Michigan | MCLS § 484.2401 | Prohibits the Public Utility Commission from exerting regulatory authority over retail broadband services. | Regulation |
| Michigan | MCLS § 484.3101 et seq. | The Metropolitan Extension Telecommunication Right-of-Way Oversight Act (METRO) creates a telecommunications rights-of-way oversight authority to help standardize right-of-way access by evaluating and administering fees paid to municipalities. Service providers are required to include route maps indicating their location and other information in their application for a right-of-way permit. To fund the Authority, providers pay a one time $500 administrative fee and are charged $.05 per linear foot annually as a maintenance fee. | Rights-of-Way |
| Michigan | MCLS § 484.3114 | Provides that a public hearing must be held before a county or municipality can construct broadband facilities or provide them through another entity's facilities. Requires that a municipality prepare cost-benefit analysis and accounting records and prohibits undercharging or limiting right-of-way access to other service providers. | Government Ownership & Operation |
| Michigan | MCLS § 484.3201 et seq. | The Michigan Broadband Development Authority Act creates the Michigan Broadband Development Authority and allows the Authority to finance and partner with private sector entities with the goal of expanding broadband services. | Financing |
| Minnesota | Minnesota Statutes 237.76 et seq. | Provides for alternative regulation for providers who commit to expanding broadband services over a period of not less than six years. | Regulation |
| Mississippi | Miss. Code Ann. § 27-65-101 | Provides tax exemptions that vary according to the economic development needs of a given area for telecommunications equipment used in the deployment of broadband after June 30, 2003 and before July 1, 2013. | Tax Incentives |
| Mississippi | Miss. Code Ann. § 57-87-1 et seq. | Provides investment tax credits for investments made between 06/30/2003 and 07/01/2013, ranging from 5 percent to 15 percent over ten years; and sales tax exemptions, ranging from 50 percent to 100 percent, with the greater credits going to those companies investing in the least populous regions of the state. Allows the tax credit to be used for nine consecutive years after the year in which it is earned. Amends a section of the state code to allow the sale of equipment to telecommunications entities made during the eligible period and installed for use in broadband deployment be exempt from 1/2 of the state sales tax. Waives the sales tax for equipment to be used in the most rural areas. | Tax Incentives |
| Mississippi | Miss. Code Ann. § 77-3-3 | Defines broadband services as any internet access or computer application service with the ability to transmit at a rate not less than 200 kilobits per second either in the upstream or downstream direction. | Definition |
| Missouri | 77. § 135.535 R.S.Mo. | Provides tax credits for the high-speed telecommunications equipment expenses of companies relocating to economically distressed areas. | Tax Incentives |
| Montana | Mont. Code Ann. § 2-17-601 et seq. | Prohibits government entities from providing internet services except in limited circumstances, such as where no private provider is willing to provide service. Also strongly encourages government entities to publish their internet service requirements and utilize the services of a private provider. | Government Ownership & Operation |
| Montana | Mont. Code Ann. § 35-18-102 | Defines broadband as transmission facilities capable of handling frequencies greater than those required for high-grade voice communication, higher than 4 kilohertz. | Definition |
| Montana | Mont. Code Ann. § 35-18-105 | Allows the organization of cooperative nonprofit membership corporations for the purpose of providing broadband services and the construction and operation of additional broadband services in rural areas. | Rural Access |
| Nebraska | Neb. Rev. Stat. § 86-579 | Creates the Nebraska Internet Enhancement Fund to provide financial assistance to install and deliver broadband or other advanced telecommunications infrastructure and service throughout the state. | Financing |
| Nebraska | Neb. Rev. Stat. § 86-580 | Directs the Public Service Commission to establish an application process for counties or municipalities to apply for financial assistance from the Nebraska Internet Enhancement Fund. The process shall allow the county or municipality to obtain a service provider for broadband or other advanced telecommunications services in an exchange or other area defined by the county or municipality where such telecommunications services are to be delivered at rates of service agreed upon between the service provider and county or municipality. Applicants must provide matching funds of at least 25 percent of the total projected cost. | Financing |
| Nebraska | Neb. Rev. Stat. § 86-593 | Defines broadband services as high-speed broadband telecommunications capable of transmitting at a speed or bandwidth in excess of 200 kilobits per second and enabling users to originate and receive high-quality voice, data, and video telecommunications using any technology. | Definition |
| Nebraska | Neb. Rev. Stat. § 86-594 | Prevents state agencies or political subdivisions other than a public power supplier from providing broadband services. Terminates this prohibition effective 12/31/2007. | BPL |
| Nebraska | Neb. Rev. Stat. § 86-599 | Creates the Broadband Services Task Force and directs the agency to study competition among providers; the implications of provision by government entities and public power suppliers; regulation and taxation issues; the current deployment of broadband services throughout the state; and the feasibility of utilizing the public power infrastructure to provide broadband services throughout the state. | Coordination & Leadership |
| Nevada | Nev. Rev. Stat. Ann. § 704.684 | Limits state regulation of broadband to determining rates charged by a public utility, addressing complaints, and collecting annual assessments. | Regulation |
| New Hampshire | N.H. Rev. Stat. Ann. § 12-A:45 | Tasks the director of economic development with development of a telecommunications planning and development initiative to map the existing telecommunications infrastructure and market same as part of the state's economic development efforts. Charges the director with the identification of deployment shortcomings and coordination among service providers, educators, and municipal, county, state, and other government officials to enhance further deployment. | Coordination & Leadership |
| New Hampshire | N.H. Rev. Stat. Ann. § 12-A:45-a | Establishes the telecommunications planning and development fund in the office of the state treasurer. Authorizes the commissioner of resources and economic development to accept public sector and private sector grants, gifts, or donations to be used to enhance telecommunications capabilities in the state. | Financing |
| New Hampshire | N.H. Rev. Stat. Ann. § 12-A:46 | Establishes a telecommunications planning and development advisory committee and specifies membership composition. Defines broadband as the transmission of information, with or without change in the form or content, at rates defined by the FCC as "broadband." Mandates that the committee assist the director by collecting and tracking information about broadband infrastructure; assessing the availability of and need for broadband infrastructure in unserved or underserved areas; securing funding sources for broadband deployment and education; identifying opportunities for coordination among providers, consumers, and state and local governmental entities; encouraging the use of broadband services through education and the removal of barriers to adoption. | Coordination & Leadership |
| New Hampshire | N.H. Rev. Stat. Ann. §§ 12-A:48 and 49 | Authorizes the director of economic development to request information from service providers needed to map existing broadband services and identify unserved or underserved areas and exempts any information deemed confidential, commercial, or financial from public disclosure. | Assessment |
| New Hampshire | N.H. Rev. Stat. Ann. § 12-A:50 | Requires the director of economic development to report biennially on the progress of the telecommunications planning and development initiative. Specifies that the report is to be submitted to the governor and the legislative leadership. | Coordination & Leadership |
| New Hampshire | N.H. Rev. Stat. Ann. § 12-A:59 | Establishes the technology development and telecommunications planning function within the division of economic development. Tasks the division with: 1) Initiative coordination, maintenance of a telecommunications resource website, and liaising between the public and private sectors to make affordable broadband more accessible; 2) Facilitating collaboration between public and private research and development efforts; 3) Identifying and exploiting government and nonprofit resources to develop a state plan. | Coordination & Leadership |
| New Hampshire | N.H. Rev. Stat. Ann. § 12-M | Establishes the New Hampshire e-commerce advisory commission. Mandates composition of the commission. Tasks the commission with 1) studying the current use of e-commerce; 2) studying trends in the deployment of high-speed internet to residents and businesses; 3) identifying e-commerce issues to be addressed at the federal level; 4) assessing policy options to create incentives for technological innovation and high-speed internet deployment. | Coordination & Leadership |
| New Hampshire | N.H. Rev. Stat. Ann. § 33:3-g | Allows municipalities to issue bonds to be used for broadband infrastructure financing. | Government Ownership & Operation |
| New Hampshire | N.H. Rev. Stat. Ann. § 33:6-f | Excludes debt incurred by municipalities for broadband infrastructure from the debt limit imposed by the Municipal Finance Act. | Government Ownership & Operation |
| New Hampshire | N.H. Rev. Stat. Ann. § 38:38 et seq. | Allows municipalities to charge access tariffs for broadband services. Any tariffs collected are to be kept apart from other revenues in a broadband fund to be used only to defray the cost of building or maintaining broadband infrastructure. | Financing |
| New Hampshire | N.H. Rev. Stat. Ann. § 374:3-b | Provides for alternative regulation of small Incumbent Local Exchange Carriers if competitive wireline, wireless, or broadband service is available to a majority of the retail customers in each of the exchanges served by such small incumbent local exchange carrier. Limits basic local service rates to levels not exceeding the comparable rates charged by the largest incumbent local exchange carrier operating in the state and limits rate increases to no more than 10 percent in each of the four years after a plan is approved. | Regulation |
| New Jersey | N.J. Rev. Stat. § 40:9D-1 et seq. | Authorizes local units of government to construct, own, and operate broadband infrastructure to provide broadband telecommunications service via wireless community networks. Prohibits public and private entities from unreasonably withholding access to rights-of-way required to develop such infrastructure. | Government Ownership & Operation/ Rights-of-Way |
| New Mexico | N. M. Stat. Ann. § 15-5-7 | Allows the telecommunications bureau of the communications division of the general services department to provide telecommunications services, including broadband, only when necessary to facilitate state-mandated programs, such as distance education and telehealth. | Government Ownership & Operation |
| North Carolina | N.C. Gen. Stat. § 62-3 | Defines broadband as the ability to transmit at a rate of not less than 200 kilobits per second either upstream or downstream. | Definition |
| North Carolina | N.C. Gen. Stat. § 117-30 | Allows communities to form telephone membership corporations to provide any communication service, including broadband, if there is no service provider willing to do so. Prohibits membership corporations from competing with private service providers. | Government Ownership & Operation |
| North Carolina | N.C. Gen. Stat. § 120-70.106 | Directs the Revenue Laws Study Committee to review how revenue statutes effect broadband deployment. Requires the Committee to make its first report to the General Assembly in 2008 and every two years thereafter. | Regulation |
| North Carolina | N.C. Gen. Stat. § 143B-437.28 | Authorizes creation of the Long-Term Rural Development Fund. Allows the fund to be used to provide fiber optic or coaxial cable, towers, and other infrastructure items to accommodate high-speed Internet access. | Financing |
| North Carolina | N.C. Gen. Stat. § 143B-437.45 | In conjunction with the e-NC Initiative, defines broadband as internet access with transmission speeds consistent with high-speed broadband Internet access requirements as defined periodically by the FCC. | Definition |
| North Carolina | N.C. Gen. Stat. § 143B-437.47 | Empowers the North Carolina Rural Internet Advisory Authority to employ personnel and consultants; apply for grants; enter into contracts; provide assistance to communities and other entitites; and recommend changes in laws, rules, and regulations. Assigns the Authority the following duties: (1) Monitor and safeguard investments and contracts made.
(2) Maintain a web site that provides information about available broadband internet services and digital literacy training.
(3) Ensure that high-speed broadband remains available to all citizens at affordable prices.
(4) Attract and coordinate funding for technology initiatives and assisting local governments to obtain grants to further enhance their technology infrastructure.
(5) Provide leadership, coordination, and support for technology-based economic development and high-speed Internet access in rural counties and urban distressed areas. | Coordination & Leadership |
| Ohio | Ohio Rev. Code Ann. § 122.01 et seq. | Creates the job ready site program to provide grants to pay for allowable costs for infrastructure improvements, including broadband installation. | Financing |
| Ohio | Ohio Rev. Code Ann. § 122.951 | Provides that if the director of development determines that a grant from the industrial site improvement fund may create new jobs or preserve existing jobs and employment opportunities in an eligible county, the director may grant up to $500,000 for infrastructure improvements, including broadband installation. | Financing |
| Ohio | Ohio Rev. Code Ann. § 4939.02 | States that it is public policy in Ohio to promote the availability of utility and communication services and to ensure that access to and occupancy or use of public ways advances state policies. | Rights-of-Way |
| Oklahoma | Okl. St. Ann. tit. 17, § 139.102 | Defines broadband as services and underlying facilities that provide upstream or downstream transmission to or from the Internet in excess of one hundred fifty (150) kilobits per second, regardless of the technology or medium used. | Definition |
| Oklahoma | Okl. St. Ann. tit. 17, § 139.110 | Prohibits the Corporation Commission from imposing any regulation on providers of high speed internet access or broadband service. | Regulation |
| Oregon | Or. Rev. Stat. § 285C.530 | Defines advanced telecommunications facilities as broadband telecommunications infrastructure or equipment that enables users to send or receive high quality voice, data or video telecommunications using any technology. | Definition |
| Oregon | Or. Rev. Stat. § 315.507 | Provides a tax credit for capital asset investment, including the installation of broadband infrastructure, by firms engaged in electronic commerce if they are located in approved or designated areas. | Tax Incentives |
| Oregon | Or. Rev. Stat. § 759.016 | Declares the goal of promoting broadband access for all Oregonians by creating incentives for and removing barriers to the expansion of broadband service; planning with public and private sector participants at the state, regional and local levels; and removing barriers to public-private partnerships in areas where the private sector cannot justify investments. | Coordination & Leadership |
| Oregon | Or. Rev. Stat. § 759.036 | Requires the Public Utilities Commission to report on the availability of broadband services, the rates charged for broadband services, the demand for broadband services and the usage of broadband services. | Assessment |
| Pennsylvania | 66 Pa.C.S. §§ 3010 et seq. | Provides alternative regulation for telecommunications carriers who commit to specific broadband deployment goals in underserved areas. Requires local exchange telecommunications companies who elect to amend their network modernization plans to establish a retail request program that allows anyone seeking advanced services to submit a request to the company. Provides that when the required number of requests have been received, the company will initiate action to provide services in that area. Also requires that companies establish a business attraction or retention program to aggregate customer demand. | Regulation |
| South Carolina | S.C. Code Ann. § 12-10-85 | Provides that one use of the Rural Infrastructure Fund is to provide financial assistance to local governments for deploying infrastructure and improving public and private telecommunications systems. | Financing |
| South Carolina | S.C. Code Ann. § 58-9-10 | Defines broadband as means any service that is used to deliver video or to provide access to the Internet and that is capable of transmitting information at a rate that is generally not less than 190 kilobits per second in at least one direction; or any service that combines computer processing, information storage, and protocol conversion to enable users to access Internet content and services. | Definition |
| South Carolina | S.C. Code Ann. § 58-9-280 | Eliminates regulation of broadband except when competition is insufficient to protect the public interest. | Regulation |
| South Carolina | 2007 S.C. Acts, Act #169 | Creates the South Carolina Wireless Technology and Communications Commission to oversee implementation of a statewide wireless broadband network; specific duties include leveraging state-owned telecommunications infrastructure and coordinating government and private entities. | Coordination & Leadership |
| South Dakota | S.D. Codified Laws Ann. § 49-31-1 | Defines broadband network as a network extending the range of fully switched, addressable, robust transport services over the fiber network and increasing in multiples of OC-1 (51.84 Mbps), including OC-3 (155.52 Mbps) and OC-12 (622.08 Mbps). | Definition |
| South Dakota | S.D. Codified Laws Ann. § 49-31-60 | Communicates the legislature's intent to create the South Dakota's Public Communications Network Infrastructure comprised of narrowband, wideband, and broadband networks, and accessible by all citizens. Describes the advanced communication capabilities of the infrastructure and the intent that the communications services will be reasonably and affordably priced. | Government Ownership & Operation |
| Tennessee | Tenn. Code Ann. § 7-52-408 | Creates the Tennessee Broadband Task Force and mandates that the task force be comprised of individuals representing various public and private stakeholders. | Coordination & Leadership |
| Tennessee | Tenn. Code Ann. § 7-52-410 | Requires the Tennessee Broadband Task Force to assess broadband deployment in Tennessee on an annual basis. Provides that the annual assessment include the numbers of digital subscriber lines, their location and use; and broadband deployment though cable systems. Mandates that telephone utilities and cable service providers submit the necessary information to the task force so that they can prepare the assessment. | Assessment |
| Tennessee | Tenn. Code Ann. § 65-5-201 et seq. | Prohibits the exercise of jurisdiction by the Tennessee Regulatory Authority over broadband services, regardless of the entity providing the service. Provides that “broadband service” does not include intrastate service that was tariffed with the Tennessee Regulatory Authority and in effect as of 05/15/2006. | Regulation |
| Tennessee | Tenn. Code Ann. § 65-5-202 | Defines broadband service as service consisting of or including the capability to transmit at a rate that is not less than 200 kilobits per second (200 Kbps) either upstream or downstream.: | Definition |
| Texas | Tex. Utilities Code § 43.001 et seq. | Permits electric utilities to own and operate BPL systems or to allow a third-party entity to provide BPL services using its facilities. Provides that no additional easements or consideration are required prior to installation of a BPL system. | BPL |
| Texas | Texas PURA § 26.143 | Addresses the need and the methods for telecommunications service providers to provide, when requested, rural telecommunications services at comparable costs and conditions to urban services. | Rural Access |
| Utah | Utah Code Ann. § 10-18-201 et seq. | Allows municipalities to provide broadband services only after conducting a feasibility study and holding public hearings. A public referendum may also be called. Allows wholesale or municipal networks, as long as retail services are not sold. Prohibits the city from selling cable television, broadband, or telephone service to a homeowner. Allows interlocal cooperation entities to cross state borders | Government Ownership & Operation |
| Utah | Utah Code Ann. § 63-38f-2301 et seq. | Creates the Rural Broadband Service Fund to provide grants to providers who are deploying broadband service in rural areas. Establishes requirements for grant applications and award selection. Prohibits the board from discriminating against any accepted technology when awarding the grants. | Rural Access |
| Utah | Utah Code Ann. § 63-38f-2302 | Defines broadband service as any wire line technology with the capacity to transmit data from and to a subscriber's computer to the Internet or Internet-related services at a minimum rate of data transmission of 256 kilobits per second. | Definition |
| Vermont | Vt. Stat. Ann. tit. 3A, § 30-7 | Directs the Agency of Commerce and Community Development to play leadership role in the state's broadband deployment efforts. | Coordination & Leadership |
| Vermont | Vt. Stat. Ann. tit. 19, § 26a | Provides that the Vermont Telecommunications Authority may waive the charge for access to state-owned rights-of-way for a broadband or wireless provider if the provider offers broadband and wireless service availability at reasonable cost in furtherance of the state's goal of ubiquitous broadband. | Rights-of-Way |
| Vermont | Vt. Stat. Ann. tit. 22, § 901 | Creates the Department of Information and Innovation to provide direction and oversight for all activities directly related to information technology, including managing GOVnet and K-12net, supporting the statewide development of broadband telecommunications infrastructure and services, and establishing equipment collocation arrangements with service providers. | Coordination & Leadership |
| Vermont | Vt. Stat. Ann. tit. 30, § 517 | Provides that a company subject to cable television line extension requirements may enter into agreements with government, nonprofit, or private entities, including but not limited to projects authorized or affiliated with the Vermont telecommunications authority, a municipality or fire district , or a regional aggregation and deployment project, to satisfy the requirement. Allows public service board to modify a company's line extension requirement if the company agrees to alternate activities including but not limited to the extension of broadband infrastructure facilities. | Regulation |
| Vermont | Vt. Stat. Ann. tit. 30, § 8061 et seq. | Establishes the Vermont Telecommunications Authority and mandates the membership composition. Directs the Authority to assess and maintain an inventory of the availability of broadband service; to identify the types and locations of infrastructure and services needed to provide ubiquitous broadband by 2010; to coordinate and establish public-private partnerships; to support and facilitate local initiatives; to provide financial resources to public and private entities in the form of loans, grants, and other incentives funded through bonded capital and other resources. Empowers the authority to take the actions necessary to meet its goals. | Coordination & Leadership |
| Vermont | Vt. Stat. Ann. tit. 30, § 8077 | Directs the Vermont Telecommunications Authority to prioritize the expansion of broadband services deploying equipment capable of a data transmission rate of not less than 3 megabits per second and offer a service plan with a data transmission rate of not less than 1.5 megabits per second in at least one direction to unserved areas. | Definition |
| Vermont | Vt. Stat. Ann. tit. 30, § 8078 | Establishes competitive process for the selection of service providers to develop telecommunications facilities in unserved areas of the state. Directors the Vermont Telecommunications Authority to consider 1) data transfer rates and other service characteristics; 2) the cost to consumers of infrastructure and on-going service; 3) whether the proposal would utilize the best available technology that is economically feasible; and 4) the cost-effectiveness of the proposal. | Coordination & Leadership |
| Virginia | Va. Code Ann. § 2.2-115 | Creates the Governor's Development Opportunity Fund to attract economic development prospects and secure the expansion of existing industry. Funds may be used for public and private utility extension or capacity development on and off site, including public and private installation, extension, or capacity development of high-speed or broadband internet access. | Financing |
| Virginia | Va/ Code Ann. § 2.2-225 | Creates the position of Secretary of Technology to oversee all agencies and boards addressing technology issues. Tasks the Secretary with developing the Commonwealth's overall technology strategy and monitoring trends in the deployment of and access to broadband communications services. | Coordination & Leadership |
| Virginia | Va. Code Ann. § 2.2-2221 | Empowers the Innovative Technology Authority to undertake the activities required to fulfill its mission, including broadband expansion. The Authority may buy, sell, and manage property; manage projects, perform administrative functions; engage in funding activities; enter into contracts; and hire personnel and consultants. | Coordination & Leadership |
| Virginia | Va. Code Ann. § 2.2-2233 | Creates the Advanced Communications Assistance Fund, to be administered by the Innovative Technology Authority, to help underserved localities in the Commonwealth take full advantage of advanced communications services. | Financing |
| Virginia | Va. Code Ann. § 15.2-2160 | Allows any locality operating an electric distribution system and providing telecommunications services as of March 1, 2002 to provide broadband services within 75 miles of the geographic boundaries of its electric distribution system as such system existed on March 1, 2002. Requires localities to provide nondiscriminatory, first-come, first-served access to for-profit providers to rights-of-way, poles, conduits or other permanent distribution facilities, unless the facilities have insufficient capacity for such access and additional capacity cannot reasonably be added to the facilities. | Government Ownership & Operation |
| Virginia | Va. Code Ann. § 56-1 | Defines broadband as a transmission speed exceeding 200 kilobits per second in at least one direction. | Definition |
| Virginia | Va. Code Ann. § 56-575.1 et seq. | Encourages the use of public-private partnerships to build educational and infrastructure facilities. Specifies that the Public-Private Education Facilities and Infrastructure Act pertains to broadband deployment to schools, business and residential areas. | Financing |
| Virginia | Va. Code Ann. § 58.1-400.1 | Establishes a minimum tax for telecommunications providers in place of the corporate tax. | Tax Incentives |
| Virginia | Va. Code Ann. § 58-1-3506 | Creates separate classification for tangible personal property owned and used by certain providers of wireless broadband internet service for local taxation purposes. | Tax Incentives |
| Washington | Wash. Rev. Code § 82.14.370 | Provides that sales and use taxes may be collected by rural counties to support the building and maintenance of telecommunications infrastructure. | Financing |
| Washington | 2007 Wash. Laws, Chap. 522 | Appropriates funding to the Utilities and Transportation Commission to conduct a survey that identifies factors preventing the widespread availability and use of broadband technologies. The survey must collect and interpret reliable geographic, demographic, cultural, and telecommunications technology information to identify broadband disparities in the state. | Assessment |
| Wisconsin | Wis. Stat. § 66.0422 | Prohibits government entities from providing internet services except where specific requirements are met or if the entity was providing the service as of 11/01/2003. | Government Ownership & Operation |
| Wisconsin | Wis. Stat. § 71.07(5e) et seq. | Provides a tax credit for internet equipment capable of transmitting data packets or internet signals at speeds of at least 200 kilobits per second in either direction. | Tax Incentives |
| Wisconsin | Wis. Stat. § 196.204 | Waives requirement that the total service long-run incremental cost used to determine pricing take into account taxes, pole rentals, rights-of-way, licenses, and similar costs when a government entity provides broadband services. | Government Ownership & Operation |
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| All statutes are assigned to at least one of the following categories: Assessment, BPL, Coordination and Leadership, Definition, Financing, Government Ownership & Operation, Passenger Rail Access, Regulation, Rights-of-Way, Rural Access, Tax Incentives, and Universal Service. |
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| Compiled by Michelle Larson-Krieg, National Conference of State Legislatures, November 2007 | |