2010 Enacted Broadband Legislation

High-speed broadband is considered by many to be a fundamental vehicle for new services and applications that are critical to the nation’s economic vitality.  State legislative involvement has been critical to successful implementation of a variety of broadband projects.  In 2010 at least 11 state legislatures have passed a variety of broadband measures. 

As of November 2010

SB 221
Status: ENACTED – 5/10/2010
Establishes the Advisory Task Force on Higher Education and Career Readiness to determine the availability of broadband and Internet capabilities and the effect of the use of electronic, Internet, and virtual instruction on student learning and success in schools.

HB 2725
Status: ENACTED – 5/11/2010
Requires all school districts and charter schools that receive e-rate funding shall establish an e-rate fund, which may be used to reimburse the school district or charter school for broadband Internet and telecommunications costs.

SB 1462
Status: ENACTED – 9/27/2010
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.

SB 432
Status: ENACTED – 5/24/2010
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.

HB 2698
Status: ENACTED – 7/6/2010
Creates the state broadband commission and the state broadband commissioner to promote and maximize availability of broadband services in the state.

SB 107
Status: ENACTED – 6/15/2010
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.

HP 1174
Status: ENACTED – 4/1/2010
Establishes a broadband policy for the state. Promotes sustainable private investment to increase broadband service that exceeds the minimum levels throughout the state; requires agencies to assist; 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.

HP 1265
Status: ENACTED – 4/6/2010
Makes statutory changes to facilitate the efforts of dark fiber providers in order to enable rapid broadband development and expansion. Defines dark fiber provider (DFP) as an entity providing fiber-optic cable without transmission equipment and dark fiber to all carriers and end users on an open-access basis and which is secured by security interests granted to the Federal Government; requires DFPs to file rate schedules with the PUC and post their rates on public websites; allows a DFP to use the public right-of-way for its facilities and enter into joint use agreements by public utility and cable television facilities.

HF 2907
Status: ENACTED – 4/26/2010
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 suggest strategies to overcome those barriers, and requires the commissioner of commerce to appoint and convene a broadband advisory group.

SB 162
Status: ENACTED – 6/13/2010
Revises state regulation of telephone companies, including any broadband service offered by a telephone company.

SB 191
Status: ENACTED – 3/29/2010
Renames the Rural Broadband Service Fund the Rural Broadband Service Account.

SB 288
Status: ENACTED – 4/15/2010
Makes appropriations to the Entrepreneurs' Seed Capital Fund and to various other entities for certain purposes, including broadband deployment.

HB 790
Status: ENACTED – 6/4/2010
Authorizes the Vermont telecommunications authority to build infrastructure to meet the cellular and broadband needs of unserved Vermonters.

HB 1034 / SB 236
Status: ENACTED – 3/11/2010
Replaces the Information Technology Investment Board with the Information Technology Investment Council as a policy council. Requires the Secretary of Technology to develop criteria for procuring a major information technology project; provides that the Chief Information Officer may suspend a major information technology project but such project may only be terminated by the Secretary of Technology and provides for confidentiality of data, telecommunications services and public-private partnerships.

HB 29/HB 30
Status: ENACTED – 5/7/2010
Requires that the Center for Innovative Technology shall continue to support efforts of public and quasi-public bodies within the Commonwealth to enhance or facilitate the prompt availability of and access to advanced electronic communications services, commonly known as broadband, throughout the Commonwealth, monitoring trends and advances in advanced electronic communications technology to plan and forecast future needs for such technology, and identify funding options.

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