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Broadband Statutes

Last update: May 23, 2012

  

State Statute Description Category
Arkansas Ark. Stat. §4-113-101, et seq. Establishes "Connect Arkansas" and the Arkansas Broadband Council. Coordination and Leadership
Arkansas Ark. Stat. §23-18-801, et seq. Enables Broadband over Power Lines. Permits an electric utility, an affiliate of an electric utility, or a person unaffiliated with an electric utility to own, construct, maintain, and operate a broadband system and provide broadband services on an electric utility's electric delivery system. Gov’t Ownership and Operation
Arizona Ariz. Rev. Stat. §41-3508; §15-1261 Establishes the “Statewide E-rate Program Fund” and requires all school districts and charter schools that receive e-rate funding to establish an e-rate fund, which may be used to reimburse the school district or charter school for broadband Internet and telecommunications costs. Financing
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
California 2010 Cal. Gov. Code § 8885-8889 ; SB 1462 (2010) Establishes the California Broadband Council. The purpose of the Council is to promote broadband deployment in unserved and underserved areas of the state and broadband adoption throughout the state. The act also imposes duties on the Council and specifies the membership of the Council. Coordination and Leadership
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
Connecticut Conn. Gen. Stat.
§4d-100
Creates the Broadband Internet Coordinating Council, whose duties involve monitoring trends and developments in the state's efforts to develop a state-wide world-class communications infrastructure; and issuing any reports it deems necessary to the joint standing committee of the General Assembly having cognizance of matters relating to technology. Coordination and Leadership
District of Columbia D.C. Official Code § 1-1403 Creates the Fiscal Year 2012 Budget Support Act; relates to broadband access, District green building priorities, historic preservation fees, rent supplements, affordable housing, E-911 funds, school funding, a not-for-profit hospital corporation, vehicle fees, business income combined reporting, armored car and private investigation service, hotel, property transfer, cigarette, retirement account distribution, corporate franchise, and internet sales taxes, hospital assessments, and numerous other matters. Financing
Florida Fla. Stat.
§445.046
Encourages the development of a network access point, which is defined to be a carrier-neutral, public-private Internet traffic exchange point. Gov’t Ownership and Operation
Georgia Ga. Code §36-66B-1 Creates the Advanced Broadband Collocation Act. Provides for streamlined processing of applications for collocation or modification of certain wireless facilities and requires that such applications be reviewed for conformance with site plan and building permit requirements, including zoning and land use conformity. Requires a local governing authority to make its final decision concerning such applications within a specified number of days. Coordination and Leadership
Georgia Ga. Code §46-5-221 '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.
Definition
Hawaii HRS §226-10.5 Sets forth objectives and policies with regard to telecommunications and information technology directed toward positioning Hawaii as a leader in broadband communications and applications in the Pacific Region. Coordination and Leadership
Idaho Idaho Code §63-3029I Creates a tax credit for qualified broadband expenditures. Financing
Illinois Ill. Rev. Stat. Ch. 20 §661/1, et seq.  Illinois' High Speed Internet Services and Information Technology Act. Coordination and Leadership
Illinois Ill. Rev. Stat. ch. 20, §661/20 Relates to broadband deployment, telecommunications services, and cable and video services. Makes changes concerning the analysis of broadband markets, telecommunications rates and services, interstate switched access rates, basic local exchange service, telecommunications devices for persons with disabilities, billing statements, contracts containing early termination fees for residential cable or video services, regulation of interconnected VoIP services, and various other matters. Coordination and Leadership
Illinois Ill. Rev. Stat. Ch. 20 §2712/5-1, et seq. Requires Illinois to create a plan for transmitting high speed data services on all passenger rail systems in Illinois. Coordination and Leadership
Indiana Ind. Code §8-1-33-1, et seq. Creates the Indiana Broadband Development Program, which aims to encourage the provision of affordable broadband services and networks that will ensure the long term growth of and the enhancement and delivery of services by the business, educational, medical, commercial, nonprofit, and governmental entities in underserved areas in Indiana; and benefit residential, commercial, public, governmental, and nonprofit entities in underserved areas in Indiana. 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
Kentucky Ky. Rev. Stat. §147A.023 Makes it the duty of the Kentucky Department for Local Government to Track the deployment and adoption of broadband and information technology in Kentucky; Enable public-private partnerships among broadband providers and relevant government entities to encourage the deployment and adoption of advanced broadband services; Serve as a resource for all citizens, broadband providers, and technology businesses regarding broadband and information technology issues; Report progress on deployment and adoption to the Legislative Research Commission upon request and at least annually; and Ensure notification to the public of the availability of public funds for broadband and information technology investments prior to awarding any contracts or grants. Coordination and Leadership
Kentucky Ky. Rev. Stat. §224A.1121 Creates an  incentive program to give highest funding priority to those projects which most effectively provide broadband service to the greatest number of unserved Kentucky citizens and at the lowest cost. Funding shall not be used for projects with an intent to deploy broadband service to areas where broadband service already exists; however, it may consider funding for projects that, in providing broadband service for an unserved area, create an overlap in existing broadband coverage for less than twenty percent (20%) of households in the proposed coverage area. Coordination and Leadership
Kentucky Ky. Rev. Stat. §278.546, et seq. Exempts a number of telecommunications systems from regulation, including broadband service. Regulation
Louisiana La. Rev. Stat. §51:955.1, et seq. Creates the Louisiana Broadband Advisory Council. Coordination and Leadership
Maine ME. Rev. Stat. § Section 9202-A Establishes the state broadband policy. Requires development of target prices and competitively neutral discounts to customers in areas where services are more expensive than the average metropolitan rates and requires the ConnectME Authority to develop target prices for broadband services and establish discounts in rural areas. Regulation
Maine ME. Rev. Stat. § Section 9216 Establishes the requirements of the  Broadband Sustainability Fee and Fund. An entity that purchases, leases or otherwise obtains federally supported dark fiber from a dark fiber provider is subject to the following broadband sustainability fees Regulation
Michigan Mich. Comp. Laws §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
Michigan Mich. Comp. Laws §484.3201, et seq. Creates the Michigan Broadband Development Authority. Coordination and Leadership
Minnesota Minn. Stat. §237.012 Establishes a goal for the state that by no later than 2015, all state residents and businesses have access to broadband that provides specified download and upload speeds. Requires annual reports by the Commissioner of Commerce that identify barriers impeding the achievement of those goals and suggests strategies to overcome those barriers, and requires the commissioner of commerce to appoint and convene a broadband advisory group. Coordination and Leadership
Mississippi Miss. Code §57-87-1, et seq. Declares Mississippi's policy is to provide incentives for "telecommunications enterprises" to invest in the infrastructure needed to provide broadband technology throughout the state to keep Mississippi competitive and to promote economic development within the state. Coordination and Leadership
Nebraska Neb. Rev. Stat. §86-579, et seq. Creates the Nebraska Internet Enhancement Fund; sets terms for the fund's use. Funding
Nevada Nev. Rev. Stat. §704.684 Exempts broadband service from regulation by the Nevada Public Utility Commission. Regulation
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
New Hampshire N.H. Rev. Stat. §38:38, et seq. Allows municipal areas to charge Broadband Access Tariffs.  Those tariffs are then placed into a fund that may be used to repair, expand, or replace broadband infrastructure. Funding
New Jersey N.J. Rev. Stat. §40:9D-1, et seq. Authorizes local units to construct, own or operate broadband telecommunications infrastructure to provide broadband telecommunications service via a wireless community network; or provide broadband telecommunications service via a wireless community network. Gov't Ownership and Operation
North Carolina H.B. 135; Session Law 2009-80 (2009); G.S §62-113 Permits certain broadband services providers to offer voice grade service along with broadband service outside the providers' service territory or franchise area. Regulation
North Carolina N.C. Gen. Stat. §143B-437.44, et seq. Creates the e-NC Authority to manage, oversee, promote, and monitor efforts to provide rural counties and distressed urban areas with high‑speed broadband Internet access. Coordination and Leadership
Ohio Oh. Rev. Stat. § 4905.02 Revises state regulation of telephone companies, including any broadband service offered by a telephone company. Regulation
Oklahoma Okla. Stat. tit. 17, §139.110 Prohibits the Oklahoma Corporation Commission from placing  any regulation upon a provider of high speed Internet access service or broadband service. 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
Texas Tex. Util. Code §43.001, et seq. Encourages the deployment of Broadband over Power Lines (BPL) by permitting affiliates of the electric utility, or permitting unaffiliated entities, to own or operate all or a portion of such BPL systems. Provides the appropriate framework to support the deployment of BPL. Coordination and Leadership
Utah Utah Code §63M-1-2301, et seq. Creates a Rural Broadband Service Account. Provides for grants to assist providers that want to deploy rural broadband service. Funding
Vermont Vt. Stat. tit. 30, §8079 Authorizes the Vermont telecommunications authority to build infrastructure to meet the cellular and broadband needs of unserved Vermonters. Coordination and Leadership
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. Coordination and Leadership
Wisconsin Wis. Stat. §66.0422 States that local governments to meet a number of requirements before enacting an ordinance or adopting 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. Coordination and Leadership

 

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