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Broadband Statutes

Last update: February 2010

 

State

Statute

Description

Category

California

Cal. Gov. Code § 61100(af)

Authorizes community services districts to construct, own, improve, maintain, and operate broadband facilities and to provide broadband services until a private person or entity can acquire and operate facilities and provide broadband service at a cost and quality of service comparable to that offered by the community services district.

Gov’t Ownership and Operation

Colorado

Colo. Rev. Stat. §24-37.5-101 et seq.

Creates the Office of Innovation and Technology and charges the office to investigate and develop methods for maximizing broadband access throughout the state.

Coordination and Leadership

Indiana

Ind. Code §5-28-33

Requires the Economic Development Corporation to develop a high speed Internet service deployment and adoption initiative, creates a statewide geographic information system of telecommunications and information technology services and exempts from the state gross retail tax certain tangible personal property used to provide broadband services.

Coordination and Leadership

Iowa

SF 372; Session Law Ch. 125 (2009)

Establishes a statewide Broadband Policy Development Interim Study Committee.

Coordination and Leadership

Iowa

SF 376; Session Law Ch. 173 (2009)

Provides a grant program that creates jobs for public broadband, as well as other projects.

Financing

Kansas

Kan. Stat. Ann. §66-2005

Defines ‘‘broadband network’’ as a connection that delivers services at speeds exceeding two hundred kilobits per second in both directions and "underserved rural areas’’ as an area where no more than 15 percent of potential broadband customers in a census tract are capable of receiving broadband of at least 386 kilobits per second in both directions. Requires broadband service providers to show the geographic areas where customers can receive broadband services and the commission to compile this information into a report for the Legislature.    

Definition

Michigan

M.C.L.S. §125.1432

Requires 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. Specifies that the review is to include an analysis of the Michigan Broadband Development Authority’s ability to repay all of its debts to the Authority. Requires an analysis of the number of authority assisted or financed developments and homes purchasing high-speed internet connections at substantially reduced rates. 

Assessment

New Hampshire

N.H. Rev. Stat. Ann. § 12-A:60

Establishes the position of Director of Broadband Technology Planning and Development in the Department of Resources and Economic Development and provides that the director's duties include the development of a comprehensive broadband plan for New Hampshire.

Coordination and Leadership

North Carolina

H.B. 135; Session Law 2009-80 (2009)

Permits certain broadband services providers to offer voice grade service along with broadband service outside the providers' service territory or franchise area.

Regulation

Oregon

Ore. Rev. Stat. §401.706

Declares Oregon's policy is to encourage and support the rapid deployment of broadband telecommunications services in areas of the state where the services do not exist.

Coordination and Leadership

Rhode Island

R.I. Gen. Laws § 39-28-1 et. seq.

Creates a broadband deployment and investment act designed to implement regulations and oversight of broadband across the state.

Coordination and Leadership

Tennessee

HB 2392; Pub. Ch. 554 (2009)

Expands rural broadband connectivity in the state with rural assistance grants.

Funding

Vermont

Vt. Stat. Ann. tit. 30, §8090, et. seq.

Requires electric or gas utility companies to allow communications service providers access to their infrastructure for the installation and maintenance of communications facilities. Specifies that the communications service provider is responsible for any costs that the electric or gas utility company incurs to obtain easements or other property rights necessary for the installation and operation of communications facilities.  

Rights-of-way

Virginia

Va. Code Ann. §§ 2.2-225, 2.2-2218, et. seq.

Merges the Innovative Technology Authority and the Research and Technology Advisory Commission into a single entity named the Innovation and Entrepreneurship Investment Authority (IEIA).  The IEIA is responsible for monitoring trends in the availability and deployment of and access to broadband communications services.

Coordination and Leadership

Virginia

Va. Code Ann. § 2.2-225.1

Establishes the Office of Telework Promotion and Broadband Assistance which aims to encourage telework as a public policy that promotes workplace efficiency and reduces strains on the transportation infrastructure.

Coordination and Leadership

Virginia

Va. Code Ann. § 2.2-1150.2

Requires state agencies to lease or convey an interest in a state-owned communication tower or site to qualified providers of wireless broadband service to deploy broadband Internet service in areas that are not receiving adequate broadband service.

Regulation

Virginia

Va. Code Ann. §§ 2.2-2699.3-2699.4

Establishes the Governor's Broadband Advisory Council whose purpose is to advise the Governor on policy and funding priorities in order to expedite deployment and reduce the cost of broadband access.

Coordination and Leadership

Virginia

Va. Code Ann. § 15.2-2419, et. seq.

Creates the Broadband Infrastructure Loan Fund which empowers local governments to build or facilitate the building of wired or wireless broadband infrastructure to areas currently unserved by broadband services.

Funding

Washington

Wash. Rev. Code §43-105-370, et. seq.

Authorizes the Department of Information Services to use federal grants to target and deploy broadband services to areas of need.

Funding

West Virginia

W. Va. Code §31-15C

Establishes the Broadband Deployment Council and creates the Broadband Deployment Fund. Directs the Council to develop a strategy to provide universal broadband access by stimulating demand for broadband services and by constructing the necessary infrastructure. Requires a report describing the existing broadband infrastructure owned, leased, used, or operated by the state; broadband infrastructure purchased by the state; the demand for the infrastructure in the state; and whether or not that infrastructure is available to the public.   Protects proprietary information submitted to the Council from disclosure.

Leadership and Coordination

NCSL Contacts:  Pam Greenberg, Bob Boerner - 303-364-7700.

 

Broadband Statutes

Last update: February 2010

 

State

Statute

Description

Category

California

Cal. Gov. Code § 61100(af)

Authorizes community services districts to construct, own, improve, maintain, and operate broadband facilities and to provide broadband services until a private person or entity can acquire and operate facilities and provide broadband service at a cost and quality of service comparable to that offered by the community services district.

Gov’t Ownership and Operation

Colorado

Colo. Rev. Stat. §24-37.5-101 et seq.

Creates the Office of Innovation and Technology and charges the office to investigate and develop methods for maximizing broadband access throughout the state.

Coordination and Leadership

Indiana

Ind. Code §5-28-33

Requires the Economic Development Corporation to develop a high speed Internet service deployment and adoption initiative, creates a statewide geographic information system of telecommunications and information technology services and exempts from the state gross retail tax certain tangible personal property used to provide broadband services.

Coordination and Leadership

Iowa

SF 372; Session Law Ch. 125 (2009)

Establishes a statewide Broadband Policy Development Interim Study Committee.

Coordination and Leadership

Iowa

SF 376; Session Law Ch. 173 (2009)

Provides a grant program that creates jobs for public broadband, as well as other projects.

Financing

Kansas

Kan. Stat. Ann. §66-2005

Defines ‘‘broadband network’’ as a connection that delivers services at speeds exceeding two hundred kilobits per second in both directions and "underserved rural areas’’ as an area where no more than 15 percent of potential broadband customers in a census tract are capable of receiving broadband of at least 386 kilobits per second in both directions. Requires broadband service providers to show the geographic areas where customers can receive broadband services and the commission to compile this information into a report for the Legislature.    

Definition

Michigan

M.C.L.S. §125.1432

Requires 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. Specifies that the review is to include an analysis of the Michigan Broadband Development Authority’s ability to repay all of its debts to the Authority. Requires an analysis of the number of authority assisted or financed developments and homes purchasing high-speed internet connections at substantially reduced rates. 

Assessment

New Hampshire

N.H. Rev. Stat. Ann. § 12-A:60

Establishes the position of Director of Broadband Technology Planning and Development in the Department of Resources and Economic Development and provides that the director's duties include the development of a comprehensive broadband plan for New Hampshire.

Coordination and Leadership

North Carolina

H.B. 135; Session Law 2009-80 (2009)

Permits certain broadband services providers to offer voice grade service along with broadband service outside the providers' service territory or franchise area.

Regulation

Oregon

Ore. Rev. Stat. §401.706

Declares Oregon's policy is to encourage and support the rapid deployment of broadband telecommunications services in areas of the state where the services do not exist.

Coordination and Leadership

Rhode Island

R.I. Gen. Laws § 39-28-1 et. seq.

Creates a broadband deployment and investment act designed to implement regulations and oversight of broadband across the state.

Coordination and Leadership

Tennessee

HB 2392; Pub. Ch. 554 (2009)

Expands rural broadband connectivity in the state with rural assistance grants.

Funding

Vermont

Vt. Stat. Ann. tit. 30, §8090, et. seq.

Requires electric or gas utility companies to allow communications service providers access to their infrastructure for the installation and maintenance of communications facilities. Specifies that the communications service provider is responsible for any costs that the electric or gas utility company incurs to obtain easements or other property rights necessary for the installation and operation of communications facilities.  

Rights-of-way

Virginia

Va. Code Ann. §§ 2.2-225, 2.2-2218, et. seq.

Merges the Innovative Technology Authority and the Research and Technology Advisory Commission into a single entity named the Innovation and Entrepreneurship Investment Authority (IEIA).  The IEIA is responsible for monitoring trends in the availability and deployment of and access to broadband communications services.

Coordination and Leadership

Virginia

Va. Code Ann. § 2.2-225.1

Establishes the Office of Telework Promotion and Broadband Assistance which aims to encourage telework as a public policy that promotes workplace efficiency and reduces strains on the transportation infrastructure.

Coordination and Leadership

Virginia

Va. Code Ann. § 2.2-1150.2

Requires state agencies to lease or convey an interest in a state-owned communication tower or site to qualified providers of wireless broadband service to deploy broadband Internet service in areas that are not receiving adequate broadband service.

Regulation

Virginia

Va. Code Ann. §§ 2.2-2699.3-2699.4

Establishes the Governor's Broadband Advisory Council whose purpose is to advise the Governor on policy and funding priorities in order to expedite deployment and reduce the cost of broadband access.

Coordination and Leadership

Virginia

Va. Code Ann. § 15.2-2419, et. seq.

Creates the Broadband Infrastructure Loan Fund which empowers local governments to build or facilitate the building of wired or wireless broadband infrastructure to areas currently unserved by broadband services.

Funding

Washington

Wash. Rev. Code §43-105-370, et. seq.

Authorizes the Department of Information Services to use federal grants to target and deploy broadband services to areas of need.

Funding

West Virginia

W. Va. Code §31-15C

Establishes the Broadband Deployment Council and creates the Broadband Deployment Fund. Directs the Council to develop a strategy to provide universal broadband access by stimulating demand for broadband services and by constructing the necessary infrastructure. Requires a report describing the existing broadband infrastructure owned, leased, used, or operated by the state; broadband infrastructure purchased by the state; the demand for the infrastructure in the state; and whether or not that infrastructure is available to the public.   Protects proprietary information submitted to the Council from disclosure.

Leadership and Coordination

NCSL Contacts:  Pam Greenberg, Bob Boerner - 303-364-7700.

 

Denver Office
Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230

 

Washington Office
Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001

Denver Office
Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230

 

Washington Office
Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001

©2010 National Conference of State Legislatures.  All Rights Reserved. 

©2010 National Conference of State Legislatures.  All Rights Reserved.