2012 Enacted Broadband Legislation

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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 an important factor for successful implementation of a variety of broadband projects. In 2012 at least 12 states passed a variety of broadband measures.
As of Dec. 17, 2012
 
ARIZONA
S.B. 1402

Status: April 5, 2012; Chapter No. 195
Relates to broadband conduit installation; relates to right-of-way and covered rural highway construction projects; relates to the state Department Of Transportation; relates to the Digital Arizona Highways Act of 2012; provides for highway safety.

CALIFORNIA
A.B. 1486

Status: Sept. 28, 2012; Chaptered by Secretary of State. Chapter No. 690
Exempts from the California Environmental Quality Act the design, site acquisition, construction, operation, or maintenance of certain structures and equipment of the Los Angeles Regional Interoperable Communications System, consisting of a long-term evolution broadband mobile data system and a land mobile radio system, if certain criteria are met at the individual project site.

FLORIDA 
H.B. 945

Status: April 22, 2012; Filed as Chapter No. 2012-131
Relates to broadband internet service; revises provisions to promote adoption of broadband internet service; provides for the Department of Economic Opportunity to receive and manage certain federal funds; directs the department to establish a public- private partnership and collaboration with nonprofit corporations; authorizes the department to accept certain funds, enter into contracts, and establish committees and work groups.


S.B. 1994

Status: April 22, 2012; Filed as Chapter No. 2012-129
Deletes provisions creating the University of South Florida Polytechnic; requires that the Florida Polytechnic University meet certain criteria by a specified date, including accreditation requirements, the development of new programs in specified fields, and the attainment of a minimum FTE in specified fields; provides for specified property, contract, and unexpended balance transfers, and for the assigning of an educational broadband services license to the University of South Florida.


GEORGIA
S.R. 944

Status: Feb. 27, 2012; Passed
Creates the Senate Broadband Availability Study Committee.


HAWAII
H.B. 2319

Status: June 27, 2012; Act No. 2012-170
Establishes a venture accelerator funding program under the state's strategic development corporation to assist the State's technology businesses to compete for investment capital; appropriates funds; provides support to organizations in leading economic sectors, including renewable energy, broadband, aerospace, film, digital media and agriculture.

H.B. 2526

Status: July 6, 2012; Act No. 2012-259
Requires reporting by telecommunications and cable television providers to the Department of Commerce and Consumer Affairs; provides for confidentiality for statements and data regarding locations and status of broadband access in rural areas, provides that the department may disclose mapping information and data aggregated to the extent necessary in the director's discretion to prevent identification of a provider with the specific data furnished by that provider; includes mobile radio service providers.


INDIANA
H.B. 1112

Status: Feb. 22, 2012, Signed by Governor. Public Law 8


KANSAS 
H.B. 2390

Status: June 21, 2012; Chapter No. 2012-173
Concerns the abolishment of the KAN-ED Act; Requires the Board of Education to provide for a program to facilitate the use of broadband technology-based video communication for distance learning and telemedicine by schools, libraries and hospitals; Transitions schools, libraries and hospitals that have a direct KAN-ED connection to a commercially provided broadband internet connection; provides that the board shall provide funding each month for the cost of broadband service.


S.B. 72
Status: August 10, 2011; Chapter No. 2011-54
Concerns telecommunication price deregulation; provides that all local exchange carriers and electing carriers shall offer consumers the option of notifying the carrier that they do not desire a change of carrier regardless of orders issued by any third party; provides that a letter of agency signed by the consumer shall satisfy notification requirement for such changes; requires a report of the current rates for services; includes facilities based carriers, commercial mobile radio service and broadband.

NEBRASKA 
L.B. 715

Status: April 10, 2012; Signed by Governor.
Amends provisions regarding the regulation of boundaries of local exchange areas for advanced telecommunications capability services, including broadband and video; defines advanced telecommunications capability services; provides that applicants, unless waived by the affected telecommunications company, will pay for the construction and other costs associated with providing service to the applicant and that the costs may be negotiated.


PENNSYLVANIA
S.B. 1345
Status: October 24, 2012; Act No. 2012-191
Provides for streamlined procedures for reviewing applications for the modification or collocation of wireless communications facilities and wireless support structures upon an existing wireless support structure; provides for the Wireless Broadband Collocation Act; relates to accessory equipment and antenna; imposes additional costs on an applicant; requires payment of a zoning permit fee; provides for an action or appeal by any person adversely affected.

SOUTH CAROLINA
H.B. 4813
Status: August 3, 2012; Act No. 288
Makes appropriations; provides revenues to meet the ordinary expenses of state government for the fiscal year beginning July 1, 2012; regulates the expenditure of such funds; provides for the operation of state government during this fiscal year; relates to education broadband service spectrum lease agreements; relates to public-related civil conspiracy defense costs; relates to comprehensive and collision insurance or self- insurance on state-owned school buses; relates to admission taxes.

H.B. 3508
Status: June 29, 2012, Act No. 284
Relates to government-owned communications service providers; provides a government-owned communications service provider may petition the public service commission to designate unserved area and for a determination that an area has ceased to be an unserved area; specifies the procedure for making and protesting this petition; provides that the Office of Regulatory Staff may investigate and enforce compliance; relates to tax collections and liability insurance rates for communications operations.

VIRGINIA 
H.B. 994
Status: April 4, 2012; Acts of Assembly. Chapter No. 528
Relates to the broadband advisory council to advise the Governor on policy and funding priorities to expedite deployment and reduce the cost of broadband access; relates to designees to serve on the council; permits the Secretary of Commerce and Trade and the Secretary of Technology to appoint designees to serve on their behalf on the Broadband Advisory Council.

S.B. 652 / H.B. 1186
Status: April 6, 2012; Acts of Assembly. Chapter No. 674 / Chapter No. 545 
Relates to pole attachments, cable television systems and electric cooperatives. Requires cable television systems and cooperatives to negotiate in good faith to resolve issues concerning the rates, terms, and conditions of contracts permitting attachments by a cable television system to a cooperative's poles by telecommunications service providers. Provides that if an issue cannot be resolved, either party may petition the State Corporation Commission to resolve the issue.

WEST VIRGINIA
S.B. 110
Status: April 12, 2012; Act No. 20
Modifies and increases the membership of the Broadband Deployment Council; expands the powers and duties of the council to include exploring the potential to increase use of broadband service for education, career readiness, workforce preparation and alternative career training, and to encourage state and municipal agencies to expand and use broadband for better serving the public, including audio and video streaming, voice-over Internet protocol, teleconferencing, and wireless networking.