2008 Broadband/High Speed Internet Legislation
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Alabama
AL H.B. 243
Status: Failed, Session Adjourned - 05/19/2008.
Requires broadband providers to identify the location, number, and types of broadband and fiber optic communications lines installed or buried throughout the state. Provides for the receipt, storage, and reporting of the collected data by the Energy, Weatherization, and Communications Division of the Alabama Department of Economic and Community Affairs (ADECA). Creates the Alabama Broadband and Fiber Optic Development Advisory Committee as well as a mechanism for sharing non-proprietary information among providers.
AL H.B. 17 / AL H.B. 130 / AL H.B. 346
Status: Failed, Session Adjourned - 05/19/2008.
Creates the Alabama Broadband Task Force and specifies the membership, duties, purposes, goals, meetings, and activities of the task force. Expands the deployment and adoption of broadband telecommunications services for educational, health, and economic purposes. Launches a statewide high speed Internet initiative. |
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Alaska
AK H.B. 388
Status: Failed, Session Adjourned - 04/15/2008.
Establishes the Alaska Broadband Task Force within the legislative branch and mandates the membership composition. Directs the task force to assess the current level of broadband access in the state and explore how to increase the level of service. |
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California
CA S.B. 1013
Status: Returned to Secretary of Senate - 02/04/2008.
Requires the Public Utilities Commission to annually designate a class of lifeline service, including broadband service, necessary to meet minimum residential communications needs. Provides that "lifeline" services include the ability to access electronic information services at reasonable download and upload speeds.
CA S.B. 1191
Status: To Senate Unfinished Business File - 06/19/2008.
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.
CA S.B. 1733
Status: To Senate Committee on Rules - 03/13/2008.
Declares the intent of the Legislature to enact legislation to improve access to broadband Internet technology. |
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Colorado
CO S.B. 215
Status: Enacted, Session Law Chapter No. 362 - 06/20/2008.
Directs the state's chief information officer to identify and map existing broadband telecommunications and information service areas. Calls for the map to be used as the basis of an inventory of existing and potential service areas and a plan to extend broadband services to presently unserved areas. Provides that the results of the inventory be reported to the General Assembly. Requires the chief information officer to hold at least four public meetings and to consider public comments when preparing the investory and report. Authorizes the public utilities commission to establish a funding mechanism to help defray the cost of the inventory. Exempts proprietary information submitted by telecommunications providers from disclosure under the Colorado open records law. |
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Connecticut
CT H.B. 5682
Status: Failed Joint Favorable deadline - 03/11/2008.
Requires the Department of Economic and Community Development to contract with a nonprofit organization to implement a state-wide high speed Internet deployment strategy and adoption initiative to ensure universal access to affordable and reliable high speed Internet service; achieve improved technology literacy, increased computer ownership and home high speed Internet use among state residents and businesses; establish local grassroots technology teams to improve technology use across multiple community sectors; and create an environment that fosters high speed Internet access and technology investment. Provides that any information designated as confidential or proprietary by the entity providing it be governed by an appropriate nondisclosure agreement. Specifies that the high speed Internet deployment strategy include:
(1) A state-wide inventory of high speed Internet service identifying geographic gaps in high speed Internet service and providing a baseline assessment of the percentage of households with high speed Internet to be updated every six months;
(2) Tracking residential and business adoption of high speed Internet, identifying barriers to adoption, and measuring progress annually;
(3) Building and facilitating in each county or designated region a local technology planning team consisting of members who represent a cross section of the community;
(4) Working collaboratively with high speed Internet providers and technology companies to encourage deployment and use, especially in underserved areas, through local demand aggregation, mapping analysis, and market intelligence to improve the business case for deployment; and
(5) Establishing programs to improve computer ownership and Internet access for disenfranchised populations across the state.
CT S.B. 570
Status: To Joint Committee on Finance, Revenue and Bonding - 04/09/2008.
Exempts from property tax for two consecutive years new computer servers, fiber optic wire, and equipment or newly acquired computer servers, fiber optic wire, and equipment that (1) are used to update or establish new broadband or wireless Internet service infrastructure and (2) function at a speed or transfer rate equal to or exceeding five megabytes per second. Requires the Department of Economic and Community Development (DECD) to establish a comprehensive statewide high-speed Internet deployment strategy and adoption initiative through a private-public partnership. |
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Hawaii
HI S.B. 2393 / HI H.B. 2473
Status: To Senate Committee on Ways and Means - 02/04/2008. / To Conference Committee - 04/14/2008.
Extends funding for the Hawaii Broadband Task Force from fiscal year 2007-2008 through fiscal year 2008- 2009. |
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Idaho
ID H.B. 662
Status: Rereferred to House Committee on Revenue and Taxation - 03/27/2008.
Provides an income tax credit for investment in broadband equipment. |
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Illinois
IL H.B. 754
Status: Senate committee reading deadline extended - 05/22/2008.
Amends the State Finance Act and requires the Lieutenant Governor, advised by the Broadband Deployment Council, to enlist a nonprofit corporation to implement a comprehensive, statewide high speed Internet deployment strategy and adoption initiative. Creates the High Speed Internet Services and Information Technology Fund to provide grants to the enlisted nonprofit.
IL S.B. 2244
Status: To Senate Committee on Rules - 02/14/2008.
Establishes the Broadband Deployment Council and specifies the membership composition. Requires the Council to identify state-owned telecommunications infrastructure that can be leased to commercial providers, non-profit agencies, and local governments for communications or information services. Directs the Council to recommend telecommunications initiatives to the General Assembly and to act as a liaison between those who need and those who control rights-of-way or other easements. Requires the Council to assess and catalog the state's telecommunications infrastructure on a continual basis. Allows the Council to solicit and receive donations, use funds from the High Speed Internet Services and Information Technology Fund, and establish its own standards and procedures. Provides that nothing in the act will limit the ability of local government to undertake broadband projects or provide broadband services.
IL S.B. 2410
Status: Rereferred to Senate Committee on Rules - 03/14/2008.
Directs the Broadband Deployment Council to develop and implement a plan to double the availability of broadband services in three rural regions of the state. Creates the Vince Demuzio Rural Broadband Fund to be used by the Council for broadband expansion. Requires submission of an annual progress report to the General Assembly. |
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Kansas
KS S.B. 570
Status: Signed by Governor, Chapter No. 2008-146 - 06/09/2008.
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.
KS S.B. 668
Status: To Senate Committee on Ways and Means - 03/05/2008.
Establishes the Kansas broadband initiative to stimulate and expand broadband investment and use, raise awareness about its value, and encourage public and private investment in rural broadband capacity. Specifies the membership composition of the board. Creates the rural broadband grants program to support locally-led education and outreach efforts in rural areas. Appropriates economic development funds for these rural broadband grants.
KS H.B. 2645
Status: To House Committee on Government Efficiency and Technology - 01/22/2008.
Establishes the Broadband Technology and Application Advisory Council and specifies the membership composition. Tasks the Council with the review of current and emerging service delivery applications; existing interfacing technologies and technological opportunities; and policies necessary for government agencies and the general public to benefit from technological change.
KS H.B. 2884
Status: To House Committee on Appropriations - 02/14/2008.
Establishes the Kansas broadband initiative to stimulate and expand broadband investment and use, raise awareness of its value, and encourage public and private investment in rural broadband capacity. Specifies the membership composition of the board. Creates the rural broadband grants program to support locally-led education and outreach efforts in rural areas. Appropriates economic development funds for rural broadband grants.
KS H.R. 6005
Status: To House Committee on Energy and Utilities - 01/24/2008.
Requests the State Corporation Commission to examine current provider of last resort policies, including an analysis of the costs and benefits to consumers and providers. Further requests the Commission to evaluate the appropriate subsidy level and methodology for determining the need for and rate of subsidization for broadband services. |
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Maine
ME H.P. 1653
Status: House and Senate adopt Majority Committee Report: Ought not to pass - 04/08/2008.
Directs the Governor's Office of Energy Independence and Security to establish a stakeholder group to study the potential sale or lease of excess broadband capacity owned by the State or through the University of Maine System when analog channels become digital channels. |
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Maryland
MD S.B. 515
Status: Unfavorable report from Senate Committee on Finance - 03/10/2008.
Requires the Public Service Commission to adopt regulations requiring broadband providers to submit quarterly reports on the status of broadband deployment. Specifies the contents of the reports and requires that they be published on the Commission's website.
MD S.B. 1006/H.B. 1619
Status: Re-referred to Senate Committee on Education Health and Environmental Affairs - 03/13/2008. / Reassigned to House Committee on Environmental Matters - 03/14/2008.
Exempts the installation of broadband communications infrastructure by a nonprofit telecommunications services provider from a specified wetlands licensing requirement in a rural or underserved areas. Prohibits the Secretary of the Environment from adopting specified regulations that adversely affect the installation of broadband infrastructure. Requires the Maryland Transit Administration to allow the use of any railroad right-of-way for the installation of specified broadband communications infrastructure without charge.
MD H.B. 1144
Status: Unfavorable Report from House Committee on Economic Matters - 03/17/2008.
Requires the Department of Budget and Management to create a public-private partnership to implement a comprehensive statewide high speed Internet deployment and adoption initiative. Provides for high speed Internet accessability tracking and the identification of barriers to adoption. Establishes local technology planning teams representing a cross-section of each community to assess current usage, set goals, and develop a business plan to achieve these goals.
MD H.B. 1389
Status: Unfavorable Report from House Committee on Economic Matters - 03/17/2008.
Recognizes that smart grid technology offers an alternative way to provides broadband services. Establishes a pilot program on smart grid deployment under the authority of the Public Service Commission. |
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Massachusetts
MA H.B. 4311/MA H.B. 4715
Status: From Joint Committee on Bonding, Capital Expenditures and State Assets - 05/01/2008. / In House, Committee Amendment adopted - 06/23/2008.
Establishes and funds the Massachusetts Broadband Institute whose purpose is to make strategic and targeted public investments in order to provide high-speed Internet service to all currently unserved communities by 2010. Tasks the Institute to measure existing broadband access conditions and create a central plan to address the state's broadband deficiencies. |
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Michigan
MI S.R. 135
Status: To Senate Committee on Energy Policy and Public Utilities - 01/09/2008.
Creates a Pole Attachment Remediation Fund and establishes procedures to resolve pole attachment disputes to aid the extension of broadband networks using utility poles. Recognizes that those seeking to build new broadband networks throughout the state are confronted with utility poles that require upgrades to make the pole suitable for new and existing attachments and that this is a cause of delay in the construction of broadband networks.
MI H.B. 5446
Status: Enacted, Public Act No. 56 - 04/03/2008.
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. |
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Minnesota
MN S.B. 1918/MN H.B. 2107
Status: Signed by Governor, Chapter No. 212 - 04/18/2008.
Establishes the Ultra High-Speed Broadband Task Force whose purpose is to make recommendations to the Governor and the Legislature regarding ultra high-speed broadband in the state. Specifies membership composition. Directs the task force to evaluate strategies, methods of financing, and economic incentives used to support high-speed broadband deployment in other states and countries. Requires the task force to evaluate the security, vulnerability, and redundancy actions necessary to ensure the reliability of ultra high-speed broadband.
MN S.B. 2866/MN H.B. 2959
Status: Signed by Governor, Chapter 296, Section 30 -05/13/2008.
Directs the Commissioner of Commerce to contract with a non-profit organization to undertake a state broadband mapping project. Specifies the information to be included in the study and appropriates funds for the project. |
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New Hampshire
NH S.B. 412
Status: Adopted in the Senate, referred for interim study in the House - 05/14/2008.
Establishes the Office of Technology Development and Telecommunications Planning and the position of Director of Telecommunications in the Department of Resources and Economic Development. Requires the Director to coordinate state telecommunications policy planning initiatives by serving as a member of the telecommunications planning and development advisory committee, maintaining a state telecommunications resource website, and working with regional partners from the private and public sector to provide affordable and accessible broadband. |
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New York
NY S.B. 1049/NY A.B. 2726
Status: Amended and recommitted to Senate Energy and Telecommunications Committee - 04/22/2008. / Amended and recommitted to Assembly Ways and Means Committee - 04/22/2008.
Creates a tax credit for providers who deliver broadband services to a targeted group of subscribers.
NY S.B. 3224
Status: To Senate Finance Committee - 04/15/2008.
Establishes a user tax credit for installation or purchase of broadband equipment for taxpayers residing in a broadband underserved area.
NY S.B. 3239
Status: To Senate Finance Committee - 04/15/2008.
Establishes a tax credit for investment in terrestrial broadband infrastructure by a taxpayer living in a broadband underserved area.
NY A.B. 9617
Status: Held for consideration in Corporations, Authorities and Commissions Committee - 06/17/2008.
Creates a temporary state commission on 21st century telecommunications to study and report to the Governor and the Legislature specific recommendations to facilitate the development and expansion of modern and advanced telecommunications service, including broadband Internet service, to unserved and underserved communities throughout the State. |
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North Carolina
NC S.B. 1256
Status: To Senate Committee on Rules and Operations - 05/13/2008.
Part LXVIII creates the Legislative Study Commission on Rural Internet Access and mandates the membership composition. Directs the Commission to review and assess current efforts to provide rural areas with access to technological advancements in telecommunications and information networks; to review the affordability and availability of high-speed Internet access in rural areas of the state; to examine how state funds are being used to bring Internet access to rural areas; and determine whether there are more cost-effective ways to do so.
NC S.B. 1855
Status: To Senate Appropriations Committee - 05/22/2008.
Appropriates funds to the Wow e-Community Development Corporation for broadband accessibility studies in nine rural counties. Provides that the results of these studies be used to plan the expansion of broadband deployment in these areas.
NC S.B. 1964/NC H.B. 2557
Status: Referred to Senate Appropriations Committee - 05/28/2008. / Referred to House Appropriations Committee - 05/26/2008.
Appropriates funds to the e-NC Authority for operations, reseach, and for Connectivity Incentive Grants to be used to increase high-speed Internet access. Also appropriates funds to support existing telecenters and to assist communities, citizens, and businesses across the state build capacity to adopt and adapt Web-based applications.
NC H.B. 2453
Status: Re-referred to the House Committee on Public Utilities - 06/25/2008.
Requires broadband internet service providers to report annually to the e-NC Authority regarding their service areas and the availability of broadband services within those areas.
NC H.B. 2582
Status: To House Appropriations Committee - 05/28/2008.
Appropriates funds to the Wow e-Community Development Corporation for broadband accessibility studies in four northeastern rural counties. Provides that the results of these studies be used to plan further broadband deployment in these areas. |
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Pennsylvania
PA H.B. 327
Status: Referred to House Consumer Affairs Committee - 02/09/2007.
Allows political subdivisions to offer broadband services only after submitting a written request to the local exchange telecommunications company serving the area and when, 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.
PA H.B. 1490
Status: Third consideration and final passage in the House - 06/29/2008.
Authorizes the creation of e-community teams to develop plans to increase both technology use and broadband deployment in underserved communities. Mandates that the teams include broadband service providers; economic development organizations; labor organizations; and technology, education, and health care providers. Allows the representation of other nongovernmental entities on the team. Directs the Department of Community and Economic Development to work collaboratively with service providers to increase computer ownership and internet access for disenfranchised populations in the Commonwealth. |
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Rhode Island
RI H.B. 7120
Status: House Finance Committee recommended that measure be held for further study - 03/19/2008.
Creates an innovation center within the Rhode Island Economic Development Corporation in order to encourage the development of technology infrastructure, including broadband access, throughout the state. Directs the center to study (1) the current condition of technology infrastructure in the state; (2) options and strategies for upgrading the state's technology infrastructure; (3) options and strategies for encouraging cooperation and partnerships among state government, local government, private business, and institutions of higher education;
(4) the expected condition of technology infrastructure if the state does nothing to encourage it; and (5) recommendations for actions the state can take to encourage improvements. |
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South Carolina
SC H.B. 4843
Status: To House Committee on Labor, Commerce and Industry - 03/12/2008.
Directs the Public Service Commission to adopt regulations requiring broadband providers to report periodically on the status of broadband deployment to the public. Requires the Commission to publish these reports on its website.
SC H.B. 5202
Status: To House Committee on Labor, Commerce and Industry - 05/22/2008.
Continues the state's universal service commitment by requiring communications service providers to provide broadband service to consumers in their service areas. Provides that if the service provider does not offer broadband service to consumers in its service area, another communications service provider may enter the service area and provide the service. |
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Tennessee
TN H.B. 3620/TN S.B. 3375
Status: Taken off notice for calendar in House Committee on State and Local Government - 04/16/2008. / Assigne to General Subcommittee of Senate Committee on Commerce, Labor and Agriculture - 04/15/2008.
Authorizes municipalities and electric cooperatives to acquire, construct, own, improve, operate, lease, maintain, sell, mortgage, pledge, or otherwise dispose of any system, plant, or equipment for the provision of telecommunications services and to provide these services within the service area. Redefines "telecommunications" to include all broadband and Internet services. |
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Vermont
VT H.B. 671
Status: To House Commerce Committee - 01/23/2008.
Amends the broadband speed requirement so that it is based on an application standard such as that required for a person to conduct business or on-line training. Requires the public service board to examine regulatory policy regarding the use of electric utilities to facilitate deployment of telecommunications infrastructure and services.
VT H.B. 881
Status: Signed by Governor, Act No. 131 - 05/12/2008.
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. |
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Virginia
VA S.B. 206
Status: Signed by Governor, Chapter No. 690 - 04/14/2008.
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.
VA H.B. 924
Status: Continued to 2009 Session in Finance Committee - 02/04/2008.
Creates an income tax credit and sales and use tax exemption for wireless and broadband equipment purchased for use in rural areas.
VA H.B. 1017
Status: Signed by Governor, Chapter No. 444 - 03/07/2008.
Establishes the Office of Telework Promotion and Broadband Assistance under the Secretary of Technology to encourage telework as a family- friendly, business-friendly public policy that promotes workplace efficiency and reduces strain on transportation infrastructure. Tasks the Office to work with public and private entities to encourage more affordable, accessible broadband services to unserved areas of the Commonwealth.
VA H.B. 1329
Status: Signed by Governor, Chapter No. 676 - 03/27/2008.
Requires state agencies to lease or convey an interest in a state-owned communication tower or site to any wireless broadband service provider who deploys broadband Internet service to unserved and underserved areas. |
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Washington
WA H.B. 2521
Status: Referred to House Committee on Appropriations - 01/24/2008.
Requires the Department of Information Services to survey public broadband resources in the state; to map the specific physical location of the infrastructure, and assess the availability of excess capacity. Specifies that the survey set forth areas for broadband services by census track and by block, lot, or some other uniquely identifiable administrative characteristic. Requires that the Department provide a Web site listing all major, free wireless Internet service available to the public in the state.
WA H.B. 2559
Status: Referred to House Committee on Appropriations - 01/24/2008.
Requires the Department of Information Services to create a partnership among the department of community, trade, and economic development and the state utilities and transportation commission to lead a comprehensive, statewide high-speed internet deployment and adoption initiative to ensure universal access to affordable and reliable high-speed internet services; improve technology literacy, increase computer ownership; increase high-speed internet use; establish local technology planning teams; and create an environment that encourages telecommunications and technology investment.
WA S.B. 6438
Status: Signed by Governor, Chapter No. 262 - 03/31/2008.
Authorizes a statewide needs assessment of broadband internet resources through dialogue with providers, unions, businesses, community organizations, local governments, and state agencies. Directs the Department of Information Services to create a partnership among the Department of Community, Trade, and Economic Development and the State Utilities and Transportation Commission to lead a comprehensive, statewide initiative to deploy and adopt high-speed internet based on that assessment. Directs the Department to create and regularly update a detailed, geographic information system map at the census block level of the high-speed internet services owned or leased by public and private entities in the state. Tasks the Department to encourage the development of high-speed internet resources by soliciting funding; establishing technology literacy programs; establishing low-cost hardware and software purchasing programs; and developing loan programs targeting small businesses or businesses located in underserved areas. |
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West Virginia
WV H.B. 4343
Status: To House Committee on Government Organization - 01/30/2008.
Establishes the goal of universal broadband accessibility by 2010, with a focus on rural areas of the state where access appears to be geographically or physically difficult or economically impracticable. Recognizes that achieving this goal requires aggressively expanding and extending broadband and other telecommunications services; creating incentives for private and nonprofit entities to establish broadband and other telecommunications services; undertaking telecommunications planning at the local, regional and state levels; and requiring that participants include representatives of members of the public, governmental entitites, and the private sector; removing barriers to the full deployment of broadband digital applications and services; and removing barriers to public-private partnerships where the private sector is unable to make a business case for the necessary capital investments. Requires the Secretary of the Department of Administration to map the technology infrastructure in the state on an ongoing basis.
WV H.B. 4620
Status: To House Committee on Finance - 02/18/2008.
Specifies that broadband services facilities be included in the infrastructure projects eligible for funding from the West Virginia Infrastructure Fund. Directs the West Virginia Infrastructure and Jobs Development Council to advise the Commissioner of the Division of Highways on the feasibility of expanding broadband transmission lines when new roads are constructed.
WV H.B. 4637
Status: Approved by Governor, Act No. 36 - 03/31/2008.
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 Counci from disclosure. |
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