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Broadband programs

topics

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topics

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Definitions

topics

  • Definition - Broadband (74)
  •   -- Speed of 1.5 Mbps or less (28)
  •   -- Speed of 10 Mbps / 1 Mbps (4)
  •   -- Speed of 25 Mbps / 3 Mbps (8)
  •   -- Other speed (1)
  •   -- As defined by FCC or U.S. Code (14)
  •   -- Defined by technology, not speed (18)
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  • Definition - Underserved (6)
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topics

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  • Fund - Broadband (16)
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  •   -- Economic Development and Infrastructure (21)
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  •   -- Rural Healthcare (1)
  •   -- Schools and Libraries (20)
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topics

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  •   -- Railroad (5)
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States matching filter criteria

Glossary

State policies create a framework for broadband deployment that lays out who can provide broadband, how they can provide it, and how expansion efforts are regulated and incentivized. The tool provides information on five categories that affect broadband deployment: state broadband programs, definitions, funding and financing, competition and regulation, and infrastructure access. Each law in the tool is labeled with one of these categories, as well as a topic that describes the law in more detail. In cases where one law belongs to multiple topics, the topic is also listed in parentheses after the name in order to differentiate between the two entries.

Broadband programs: States structure their broadband programs in different ways. In some states, a centralized office coordinates these programs, while in others the responsibility is held by one or more departments or agencies, such as a department of economic development or department of commerce. States have also formed broadband commissions and task forces to address connectivity challenges.

State broadband offices, agency staff, commissions, and task forces have different scopes and responsibilities in different states. Their activities include establishing broadband goals, creating deployment plans, collecting and mapping broadband data, administering grant programs, and managing certification programs.

Broadband office [Office] : Established by statute or through an executive order, a state broadband office is usually located in a department or agency.

Agency with broadband authority [Agency] : States have designated one or more departments or agencies with responsibility for broadband.

Broadband commission or task force [Task force] : Commissions and task forces generally include members representing multiple sectors, including state agencies, internet service providers (ISPs), local governments, and small businesses. Commissions often play a more formal role in administering broadband programs and funds, while task forces play an advisory or evaluative role.

Broadband goal [Goal] : States generally identify targets for broadband coverage and speed, and include time frames for achieving these targets.

Broadband plan [Plan] : States have plans with goals and strategies for increasing broadband access. Some states also have requirements for including broadband in local or regional plans.

Broadband mapping [Mapping] : States have requirements for mapping where broadband service is available. They may also have public-facing broadband maps.

Broadband Certification Programs [Promotional] : States have created certification programs to recognize local governments that have taken actions to improve broadband connectivity.

Definitions: States define broadband by connection speed. These include speeds of [1.5 megabits per second (Mbps) download or less], [download speeds of 10 megabits Mbps and upload speeds of 1 Mbps (10/1)] ; and [download speeds of 25 Mbps and upload speeds of 3 Mbps (25/3)] .

Other states define broadband by the technology [defined by technology, not speed] over which the service is delivered.

Some tie their definition of broadband to that of the Federal Communications Commission (FCC) [Defined by FCC or U.S. Code]. States may have multiple definitions of broadband that apply to different provisions in their statutes.

Finally, some states also define areas that are unserved [Unserved] and underserved [Underserved] by broadband. Most of these definitions define service by census block level. They consider speed, technology type, and the percentage of the area that does not have broadband service. State agencies use these definitions to determine which areas are eligible for state broadband grants and loans.

Funding and financing: States use multiple mechanisms to support broadband expansion, including grants and loans, tax incentives, and bonds. They also use some funds designated for other purposes—such as spurring economic development—to support investment in broadband infrastructure.

Broadband fund [Fund] : States have established funds dedicated to expanding broadband connectivity. Not all are regularly funded.

Other funds that support broadband [Fund—other] : States have incorporated broadband into funds focused on broader purposes, such as economic development or opportunity in rural or economically distressed areas.

Tax incentives [Tax incentives] : States have established tax incentives to promote broadband expansion. These include tax credits and exemptions for broadband equipment, and property tax exemptions for infrastructure.

State universal service [State USF] : States have updated their state universal service funds—traditionally used to extend telephone service—to support broadband expansion.

Other funding or financing mechanisms [Other] : States provide other mechanisms for funding and financing broadband. These include state and local bonding authorities, and authorizing local governments to provide grants or create financing districts.

Competition and regulation: Some state statutes contain provisions defining which entities can provide broadband service, requirements for providing broadband service, and how broadband is regulated. Many of these laws focus on service provided by local governments or municipal utilities and electric and telephone cooperatives.

Local government and municipal utilities [Municipal broadband] : States may allow or place limitations on the provision of wholesale or retail broadband service by local governments or municipal utilities.

Electric and telephone cooperatives [Cooperatives] : Policies that expressly allow electric and telephone cooperatives to provide broadband service.

Regulatory authority [Regulatory authority] : The authority of a public utilities commission, public service commission, or another state agency to regulate broadband.

Other [Service provision—other] : Some states further address competition through provisions that restrict the use of state-owned networks for commercial broadband service and define local governments’ authority to regulate broadband infrastructure.

Infrastructure access [Infrastructure access]: State policies address access to state-owned infrastructure to facilitate broadband expansion. These policies relate to a range of topics, including access to state-owned right of way, regulation of pole attachments, and the siting of wireless or small wireless facilities on state-owned land. States have also adopted policies that address access to locally owned infrastructure and assets to facilitate broadband expansion.

Right of way [Dig once, railroad, ROW—other] : Policies address access to roads, railroads, tribal lands, and other public rights of way. “Dig once” statutes, which coordinate conduit installation with transportation projects with the goal of lowering costs for deployment and reducing construction in the right of way, fall under right of way policies.

Pole attachments [Pole attachments] : Requirements regarding pole attachments (used to attach cables or fiber to telephone poles), including for municipalities, cooperatives, and publicly owned utilities. State statutes may direct the public utilities commission to adopt rules for pole attachments.

Wireless [Wireless facilities] and small cell wireless facilities [Small cell facilities] : Policies define siting and permitting requirements for wireless and small wireless facilities to facilitate broadband connectivity.

Other [Other infrastructure access] : States have additional policies governing providers’ access to infrastructure, including laws focused on access to multiunit dwellings and easements across private lands.

Permitting [Permitting] : States have policies that address permits for broadband infrastructure, wireless facilities, or small cell facilities either by state agencies or localities.

Open access [Open access] : Policies that define whether internet service providers can offer connectivity via a network they do not own or operate.

Other: State policies that do not fit in the other categories. These policies include legislative intent [Legislative intent], often a declaration of broadband’s importance to the state’s future. Other [Other] policies in this category address broadband-related wage requirements, advisory committee responsibilities, and agency directives, among others.

Alabama

2019

Ala. Act 2019-353

Establishing an Advanced Small Wireless facilities Deployment Task Force

Category: Broadband programs

Topic: Task force

Forms a task force composed of members of the state Legislature to draft a legislative proposal for small cell facilities.

State Code

Be it resolved by the legislature of Alabama, both houses thereof concurring, that the Advanced Small Wireless facilities Deployment Task Force is hereby established and is charged with reviewing and considering small wireless legislation passed in other states, reviewing and considering language from federal laws and regulations, including the Federal Communications Commission's orders on small wireless facilities, and drafting proposed legislation for consideration by the Legislature in the 2020 Regular Session.

Alabama

2000

Ala. Code 11-50B-1 et seq.

Municipal telecommunications services (Municipal broadband)

Category: Competition and regulation

Topic: Municipal broadband

Establishes policy to encourage the development of advanced telecommunications capabilities to serve the public and facilitate economic development. Allows public providers to construct and operate systems for internet access or other internet services to residents of the municipality and police jurisdiction and any area where the municipality provides utility service. Also allows the lease of municipal systems to private providers. Addresses requirements and limitations of municipal systems, including that capital and operating expenditures cannot be paid with revenue from state or local taxes or with state or local appropriations.

State Code

It is hereby declared to be the public policy of this state to encourage the development of advanced telecommunications capabilities, cable, interactive computer, and Internet facilities and services to better serve the public and further industrial economic development in this state. It is necessary for growth, job opportunities, and sustained economic development to encourage new investment in advanced telecommunications capabilities, cable, interactive computer, and Internet facilities, including investment by public providers of these services. Nothing contained herein, however, is intended to exempt, except, or exclude public providers which engage in the provision of advanced telecommunications capability or services, cable, interactive computer, or Internet facilities or services pursuant to the authority granted herein from complying with any provisions of federal law which may at any time apply to the public providers or their facilities or services, including without limitation, to the extent that they apply, any requirement that they interconnect with other telecommunications providers, or that they obtain from the regulatory authorities designated by federal law as being the appropriate bodies from which to obtain any requisite approval, the approval of interconnection agreements with other telecommunications providers.

Alabama

2000

Ala. Code 11-50B-1 et seq.

Municipal telecommunications services (Legislative intent)

Category: Other

Topic: Legislative intent

Establishes policy to encourage the development of advanced telecommunications capabilities to serve the public and facilitate economic development. Allows public providers to construct and operate systems for internet access or other internet services to residents of the municipality and police jurisdiction and any area where the municipality provides utility service. Also allows the lease of municipal systems to private providers. Addresses requirements and limitations of municipal systems, including that capital and operating expenditures cannot be paid with revenue from state or local taxes or with state or local appropriations.

State Code

It is hereby declared to be the public policy of this state to encourage the development of advanced telecommunications capabilities, cable, interactive computer, and Internet facilities and services to better serve the public and further industrial economic development in this state. It is necessary for growth, job opportunities, and sustained economic development to encourage new investment in advanced telecommunications capabilities, cable, interactive computer, and Internet facilities, including investment by public providers of these services. Nothing contained herein, however, is intended to exempt, except, or exclude public providers which engage in the provision of advanced telecommunications capability or services, cable, interactive computer, or Internet facilities or services pursuant to the authority granted herein from complying with any provisions of federal law which may at any time apply to the public providers or their facilities or services, including without limitation, to the extent that they apply, any requirement that they interconnect with other telecommunications providers, or that they obtain from the regulatory authorities designated by federal law as being the appropriate bodies from which to obtain any requisite approval, the approval of interconnection agreements with other telecommunications providers.

Alabama

2009

Ala. Code 11-69-1

Adoption and implementation of plan

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Allows Class 7 or 8 municipalities to adopt scenic right of way plans (which allow localities to protect their historic, scenic, or aesthetic characteristics) and designate roads or streets for development or improvement for beautification purposes. Cannot limit the ability of a communications provider to construct or maintain services, including broadband and wireless services, within the public right of way. Does not allow county commissions to review the placement of communications facilities and equipment within designated right of way.

State Code

(a) Any Class 7 or 8 municipality in this state may adopt a rural scenic right-of-way plan for the development, improvement, and use of right-of-way along municipal roads and streets and county roads within the corporate limits and police jurisdiction of the municipality except right-of-way, highways, streets, or roads that are under exclusive or concurrent jurisdiction of the Alabama Department of Transportation. Pursuant to the plan, the municipality may designate right-of-way adjacent to a municipal road or street or a county road to be developed, improved, and used for recreational or beautification purposes. Any portion of a road designated shall continue for at least three miles in length and may not at the time of designation have an average density of two or more commercial enterprises that have an entrance or exit on the road per mile. The path of the right-of-way along a street or road included in the plan may cross another street, road, or state highway. The establishment of a rural scenic right-of-way plan and the inclusion of any right-of-way of a county road shall be subject to approval of the county commission where any road included in the plan is located. In addition, any development and improvement within the rights-of-way along any county road shall be approved by the county commission. Any municipality establishing a rural scenic right-of-way plan shall be solely responsible for the development, maintenance, and use of the right-of-way included in the plan. The county shall not be responsible for the development, maintenance, access, or use of any right-of-way included in the plan, and shall not be liable for any damages to property or persons utilizing the right-of-way. A county may contribute financially to the implementation and development of the plan. No municipality or county shall be liable for any damages to any person using any right-of-way that is a part of the plan. (b) Nothing in this section shall in any way limit, restrict, or otherwise impact the ability of any electric supplier to maintain, repair, expand, construct, reconstruct, or relocate any facility or equipment used in the generation, transmission, or distribution of electric power or any communication service provider to maintain, repair, expand, construct, reconstruct, or relocate facilities or equipment for telecommunications, commercial mobile radio services, broadband services, or other wireless services within the public rights-of-way along, adjacent to, or surrounding any road, street, or highway included within this section; nor shall the placement of any such facilities or equipment be subject to approval by a county commission. No electric supplier or communication services provider shall be subject to increased liability resulting from the adoption by any county or municipality of a rural scenic right-of-way plan.

Alabama

2016

Ala. Code 16-16B-2.1

Wireless infrastructure and mobile digital computing devices; application for funds; implementation plan (Service provision (SP) - Other)

Category: Competition and regulation

Topic: Service provision (SP) - Other

Addresses the establishment of high-quality, standards-based wireless local areas network infrastructure to provide wireless broadband access in classrooms and common areas of schools to enable the use of digital instructional materials and electronic textbooks. Defines requirements for classroom and common area access.

State Code

(a)(1) Contingent on funding, during the 2016-2017 school year, local school systems may begin installing sufficient, high-quality standards-based broadband WiFi infrastructure and, where possible, mobile digital devices to enable access to digital instructional materials and, to the extent practicable, textbooks in electronic format. (2) In order to accomplish subdivision (1), the following priorities are established: a. Wireless infrastructure: The first priority for the expenditure of Alabama Ahead Act funds is the establishment of a high-quality, standards-based wireless local area network (WLAN) infrastructure capable of providing all teachers and students with sufficient WiFi broadband access in all classrooms and common areas of schools, where feasible as described in WIRED. b. Standards: Local school systems shall use applicable funds to install wireless networks or upgrade existing networks to satisfy Alabama Educational Technology Association (AET) standards that include high-quality, enterprise level networking equipment. Each regular classroom shall be equipped with high-quality wireless access for 30 to 40 devices simultaneously. Each specialty classroom, that routinely serves groups of less than 20 people, may satisfy a lesser standard. Each cafeteria shall have sufficient wireless access for one-third of the then current enrollment of the school. Each library media center shall be equipped with high quality wireless access for at minimum one-third of the capacity of the library media center. Each administrative and noninstructional area of a school shall have coverage, however, high density coverage is not required in these areas.

Alabama

2016

Ala. Code 16-16B-2.1

Wireless infrastructure and mobile digital computing devices; application for funds; implementation plan (Fund - Other)

Category: Funding and financing

Topic: Fund - Other (Schools and Libraries)

Requires the Alabama AHEAD program to prioritize building wireless infrastructure in schools.

State Code

(a)(1) Contingent on funding, during the 2016-2017 school year, local school systems may begin installing sufficient, high-quality standards-based broadband WiFi infrastructure and, where possible, mobile digital devices to enable access to digital instructional materials and, to the extent practicable, textbooks in electronic format. (2) In order to accomplish subdivision (1), the following priorities are established: a. Wireless infrastructure: The first priority for the expenditure of Alabama Ahead Act funds is the establishment of a high-quality, standards-based wireless local area network (WLAN) infrastructure capable of providing all teachers and students with sufficient WiFi broadband access in all classrooms and common areas of schools, where feasible as described in WIRED. b. Standards: Local school systems shall use applicable funds to install wireless networks or upgrade existing networks to satisfy Alabama Educational Technology Association (AET) standards that include high-quality, enterprise level networking equipment.

Alabama

2000

Ala. Code 23-1-294

Advisory council

Category: Other

Topic: Other

Addresses responsibilities of the scenic byways advisory council. Ensures that the scenic byway standards will not affect utility infrastructure, including facilities and equipment for providing broadband services. Allows new wireless structures to be reviewed under the terms of this article.

State Code

(7) Recommending operation and management standards for highways designated as scenic byways, including strategies for maintaining or improving the qualities for which a highway is designated as a scenic byway, and for protecting and enhancing the landscape and view corridors within the public rights-of-way surrounding such a highway, provided that such standards shall have no impact on the facilities or equipment used in the generation, transmission, or distribution of electric power, telecommunications, commercial mobile radio services, broadband services, or existing wireless facilities. However, all new wireless services structures, unless used primarily for educational purposes, shall be reviewed under the terms of this article and shall consider the communication needs of the community and shall not be in conflict with any local, state, and federal laws and regulations.

Alabama

no date

Ala. Code 29-9-4

Education Trust Fund Budget Stabilization Fund; Education Trust Fund Advancement and Technology Fund

Category: Funding and financing

Topic: Fund - Other (Schools and Libraries)

Creates the Education Trust Fund Advancement and Technology Fund, which can support a variety of educational costs, including the acquisition of educational technology.

State Code

Amounts in the Education Trust Fund Advancement and Technology Fund shall be appropriated by and through an independent supplemental appropriation bill for the following nonrecurring expenses: Repairs or deferred maintenance of facilities for public education purposes in the state, for classroom instructional support as provided in Section 16-13-231(b)(2)c. and Section 16-13-231.3, for insuring facilities, for transportation as provided in Section 16-13-233, for school security measures, and for the acquisition or purchase of education technology and equipment, or both.

Alabama

2019

Ala. Code 37-16-1 et seq.

Broadband Using Electric Easements Accessibility Act

Category: Competition and regulation

Topic: Cooperatives

Allows electric utilities to also provide broadband services and specifies requirements that electric utilities providing broadband service must meet.

State Code

(a) To the extent not otherwise authorized by law, and in addition to all other purposes, powers, and authority currently granted to electric providers under the laws of this state, an electric provider may do all of the following: … (3) Provide broadband services, whether used for or supporting utility support services or for wholesale or retail nonutility support services. (4) Allow a broadband affiliate or an unaffiliated person to provide broadband services over or through a broadband system within the electric easements of an electric provider, on such terms and conditions as specified by the electric provider, whether used for or supporting utility support services or used for or supporting wholesale or retail nonutility support services.

Alabama

2019

Ala. Code 37-16-2

Broadband Using Electric Easements Accessibility Act

Category: Other

Topic: Legislative intent

Declares that the state intends to encourage the deployment of broadband by allowing electric utilities to deploy broadband within existing easements and rights-of-way.

State Code

(a) The Legislature finds and declares the following: (1) More advanced communication capabilities, broadband facilities, and services are needed in many rural and underserved areas of the state. (2) Electric providers in those rural and underserved areas are capable of providing infrastructure for such advanced communications capabilities and providing, directly or indirectly, broadband facilities or services.

Alabama

2019

Ala. Code 37-16-3

Broadband Using Electric Easements Accessibility Act (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (As defined by FCC or U.S. Code)

Defines "advanced communications capabilities" as defined by the FCC. Specifies that it includes broadband.

State Code

(l) Advanced Communications Capabilities. The communications capabilities defined from time to time as advanced telecommunications capabilities by the Federal Communications Commission (FCC) through regulations, statutes, or other written guidance or orders. The term also includes broadband systems and broadband services.

Alabama

2019

Ala. Code 37-16-3

Broadband Using Electric Easements Accessibility Act (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (Other speed)

Defines broadband as an internet connection that provides upload and download speeds of 25 megabits per second (Mbps).

State Code

(5) Broadband Services. The provision of connectivity to a high-speed, high-capacity transmission medium or to a technology supporting, in the provider-to-consumer (downstream) direction, a speed, in technical terms ("bandwidth"), with minimum download speeds of 25 megabits per second and minimum upload speeds of 25 megabits per second for either of the following: a. To provide access to the Internet. b. To provide computer processing, information sharing, information storage, information content, or protocol conversion, including any service application or information service over the electric delivery system of an electric provider, and includes any advanced communications capabilities that enable users to originate, send, and receive high-quality voice, data, graphics, video programming, and video communications using any technology including a broadband system.

Alabama

2019

Ala. Code 37-16-7

Broadband Using Electric Easements Accessibility Act

Category: Infrastructure access

Topic: Right of way (Easements)

Specifies the terms under which a property owner can sue a broadband provider for damages when the provider is using an existing electric easement for broadband. It stipulates that property owners cannot receive more in damages than the amount that their property lost in value because broadband facilities were installed.

State Code

(a) If the owner of an interest in real property subject to an electric easement contends that the owner's property has been taken, injured, or destroyed by the construction, installation, use, or enlargement of broadband systems within the electric easement on the owner's property and the electric easement does not expressly provide for such, the owner may file a civil action in the circuit court for the county in which the property is located to recover damages as specified by this section. All such actions must be brought within three years after the later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed within the electric easement on the owner's real property. Nothing in this chapter shall revive any right or remedy which may have become barred by lapse of time, or by any law of this state, prior to August 1, 2019. (b)(1) In any action under subsection (a), the measure of damages shall be an amount equal to the difference, if any, between the following: a. The fair market value of the owner's real property immediately before the construction or installation of broadband systems within the electric easement on the owner's real property. b. The fair market value of the owner's real property immediately after the construction or installation of broadband systems within the electric easement on the owner's real property.

Alabama

2012

Ala. Code 37-2A-2

Definitions

Category: Definitions

Topic: Definition - Broadband (Speed of 1.5 Mbps or less)

Defines broadband service as any service that provides access to the internet at either a download or upload speed of at least 200 kilobits per second.

State Code

(2) BROADBAND SERVICE or BROADBAND ENABLED SERVICE. Any service that consists of or includes a high-speed access capability to transmit at a rate that is not less than 200 kilobits per second either in the upstream or downstream direction, and either of the following: a. Provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over such high-speed access service. b. Is used to provide access to the Internet.

Alabama

2014

Ala. Code 37-2A-4

Jurisdiction of the Public Service Commission

Category: Competition and regulation

Topic: Regulatory authority

States that the Public Service Commission does not have any jurisdiction over broadband service.

State Code

(a) Notwithstanding any provision of law to the contrary, the commission shall not have any jurisdiction, right, power, authority, or duty to regulate, supervise, control, oversee, or monitor, directly or indirectly, the rates, charges, classifications, provision, or any aspect of broadband service, broadband enabled services, VoIP services, or information services.

Alabama

2018

Ala. Code 41-23-212

Alabama Broadband Accessibility Act (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)

Defines the minimum speed for a broadband connection as 10 megabits per second (Mbps) download and 1 Mbps upload.

State Code

(2) Minimum Service Threshold. A connection to the Internet that provides capacity for transmission at an average speed per customer of at least 25 megabits (25 Mbps) per second downstream and at least three megabits (3 Mbps) per second upstream.

Alabama

2018

Ala. Code 41-23-212

Alabama Broadband Accessibility Act (Definition - Unserved)

Category: Definitions

Topic: Definition - Unserved

Defines an unserved area as a rural area that is not served by at least one terrestrial broadband provider. The area must either meet the minimum service threshold or is required to provide a connection meeting the minimum speed threshold through the Universal Service Fund or another federal or state grant within five years of the effective date of this act.

State Code

(4) Unserved Area. Any rural area in which there is not at least one provider of terrestrial broadband service that is either: (1) offering a connection to the Internet meeting the minimum service threshold; or (2) is required, under the terms of the Federal Universal Service Fund or other federal or state grant, to provide a connection to the internet at speeds meeting the minimum service threshold within five years of the effective date of this act.

Alabama

2018

Ala. Code 41-23-213

Alabama Broadband Accessibility Act

Category: Funding and financing

Topic: Fund - Broadband

Creates the Alabama Broadband Accessibility Fund in the state Treasury and administered by the Alabama Department of Economic and Community Affairs to promote broadband deployment and adoption in unserved areas. The fund is subject to appropriations from the state Legislature, as is the receipt of gifts, grants, or other donations. Grants awarded cannot exceed the lesser of 20 percent of project costs, or $750,000 for projects that provide speed of 10 megabits per second (Mbps) download and 1 Mbps upload or the lesser of 20 percent of project costs or $1.4 million for projects that provide speeds up to 25 Mbps download and 3 Mbps upload.

State Code

(a) The Director of the ADECA is authorized to establish and administer the broadband accessibility grant program for the purpose of promoting the deployment and adoption of broadband internet access services to unserved areas. By June 26, 2018, the director shall adopt rules and policies to administer the program and begin to accept applications for grants, and shall adopt such rules and regulations as may be necessary to meet the future needs of the grant program. (b) The program shall be administered pursuant to policies developed by ADECA in compliance with this act. The policies shall provide for the awarding of grants to non-government entities that are cooperatives, corporations, limited liability companies, partnerships or other private business entities that provide broadband services. Nothing in this chapter shall expand the authority under state law of any entity to provide broadband service. (c) There is hereby created the Alabama Broadband Accessibility Fund in the State Treasury. The fund is subject to appropriations by the legislature and gifts, grants, and other donations received by ADECA for the broadband accessibility grant program or fund. ADECA may not spend appropriations for the program for purposes other than those listed in this section. Any monies appropriated to ADECA for broadband grants that are unspent at the end of a fiscal year shall be carried over for use by the program in the next fiscal year. ADECA shall develop rules ensuring that expenses incurred to administer the program must not exceed the lesser of seven percent of the total amount appropriated for the program in any fiscal year or seven hundred fifty thousand dollars ($750,000). Moneys in the fund shall be invested by the State Treasurer for the sole benefit of the fund. (d)(1) Individual grants awarded by ADECA under this section may only be awarded for projects in unserved areas, and may not exceed the lesser of: a. Thirty-five percent of the project costs. b. One million five hundred thousand dollars ($1,500,000) for projects that will be capable of transmitting broadband signals at or above the minimum service threshold.

Alabama

2018

Ala. Code 41-23-214

Alabama Broadband Accessibility Act

Category: Broadband programs

Topic: Task force

Creates the Alabama Rural Broadband Oversight Committee to provide general oversight and recommend statutory changes to promote rural broadband deployment.

State Code

(a) There is created the Alabama Rural Broadband Oversight Committee. The oversight committee shall consist of the Chair of the House Ways and Means Education Committee or his or her designee, the Chair of the Senate Finance and Taxation Education Committee or his or her designee, two members appointed by the Speaker of the House of Representatives, two members appointed by the President Pro Tempore of the Senate, and the Director of ADECA or his or her designee. The committee shall meet at least annually, provide general oversight of the implementation of the article, and recommend further statutory changes to promote rural broadband development.

Alabama

2017

Ala. Executive Order 704

Executive Order 704

Category: Broadband programs

Topic: Agency

Assigns responsibility for broadband to the Alabama Department of Economic and Community Affairs.

State Code

Be it further ordered, that the Alabama Department of Economic and Community Affairs hereby assumes all the powers, duties, responsibilities, authority, and obligations heretofore belonging to the Office of Broadband Development, created by Executive Order Number 9, dated July 15, 2016.

Alaska

no date

AS 14.03.126

Funding for Internet services

Category: Funding and financing

Topic: State Universal Service Fund (Schools and Libraries)

Declares that school districts with at least one E-rate eligible school are also eligible for state funding to ensure that they can receive speeds of at least 10 Mbps download.

State Code

(a) Each fiscal year, a district in which one or more schools qualify for a discounted rate for Internet services under the federal universal services program is eligible to receive an amount for each school that is equal to the amount needed to bring the applicant_��s share to 10 megabits of download a second of the Internet services.

Alaska

no date

Alaska Act 17

Regulatory Commission of Alaska

Category: Broadband programs

Topic: Mapping

Requires the Regulatory Commission of Alaska to produce a map of broadband coverage in the state and deliver a report to the legislature by Jan. 1, 2019.

State Code

It is the intent of the legislature that the Regulatory Commission of Alaska produce a map of broadband coverage in the state, using the best available GIS data and technology. The Regulatory Commission of Alaska shall deliver a report summarizing mapping efforts and results to the Speaker of the House, the President of the Senate, the Co-Chairs of the House Finance Committee, the Co-Chairs of the Senate Finance Committee, and the Legislative Finance Division, by January 1, 2019.

Alaska

2017

Alaska H.B. 57

Department of Commerce, Community, and Economic Development (Legislative intent)

Category: Other

Topic: Legislative intent

Declares that the state Legislature wants the Department of Commerce, Community, and Economic Development to include broadband expansion in its comprehensive economic development strategy and write strategies for expansion.

State Code

It is the intent of the legislature that the department include expanding broadband access across Alaska as a goal in its comprehensive economic development strategy, and provide to the House Finance Committee, the Senate Finance Committee and the Legislative Finance Division, by December 1, 2017, strategies for promoting statewide broadband infrastructure and financing.

Alaska

2017

Alaska H.B. 57

Regulatory Commission of Alaska (Legislative intent)

Category: Other

Topic: Legislative intent

Declares that the state Legislature wants the Regulatory Commission to report on the state of broadband in Alaska and project future deployments by providers.

State Code

It is the intent of the legislature that the Regulatory Commission of Alaska provide to the House Finance Committee, the Senate Finance Committee and the Legislative Finance Division, by December 1, 2017, an analysis of Alaska's current broadband coverage and providers' planned coverage expansions, and a description of the remaining gaps in statewide broadband infrastructure and financing.

Arizona

no date

Ariz. Rev. Stat. 11-1801 et seq.

Wireless structures and facilities

Category: Infrastructure access

Topic: Small cell facilities

Addresses wireless provider access to county right of way for construction, operation, and maintenance of utility poles or co-location of small cell facilities on poles or wireless support structures. Caps permit fees at $100 per co-location or installation. Allows the county to require an application and charge a fee for ground-mounted equipment located in the right of way associated with poles or wireless support structures not owned by the county. Makes co-location of small wireless facilities a permitted use in all zoning districts and does not require approval; makes the installation, modification, or replacement of a utility pole a permitted use in all zoning districts subject only to administrative review unless it would not comply with height, undergrounding, or spacing requirements.

Allows applicants to file consolidated applications for the co-location of up to 35 substantially similar small cell facilities. Allows the county to remove a facility from the consolidated application and to issue separate permits for each co-location that is approved. Caps fees at $100 for an application with up to five facilities and $65 for each additional facility. For poles and co-locations outside the right of way, requires that the installation and modification of a pole and co-location are permitted uses in every zoning district except single-family residential and are not prohibited use in any zoning district. Allows the county to adopt use-specific standards. Prohibits a county from requiring services unrelated to the application, including in-kind contributions.

State Code

A. A county may not enter into an exclusive arrangement with any wireless provider for use of a right-of-way for the construction, operation or maintenance of utility poles or the collocation of small wireless facilities on utility poles or wireless support structures. B. Subject to subsection C of this section, a county may require a permit and charge a fee for processing an application by a wireless provider and conducting associated inspections for the installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure in a right-of-way. Any fee charged pursuant to this section must be reasonable and conform to authorized and published fees for similar permits issued by the county and may not exceed one hundred dollars per collocation or installation. C. For the collocation of a small wireless facility on a utility pole or wireless support structure in the right-of-way that is not owned by the county and that does not include ground-mounted equipment, the county may not charge a wireless provider a rate or fee and may not require a permit. D. A county may charge a wireless provider a rate for the wireless provider's use of a right-of-way in accordance with this section. The county may: 1. For the collocation of a small wireless facility on a utility pole or wireless support structure that is not owned by the county that includes ground-mounted equipment, charge a rate for the ground-mounted equipment using the methodology described in paragraph 5 of this subsection, require an application and charge a fee. The rate for ground-mounted equipment may not exceed one hundred seventy-five dollars. 2. For the collocation of a small wireless facility on a county utility pole that does not include ground-mounted equipment, charge a rate using the methodology described in paragraph 5 of this subsection that does not exceed twenty dollars. If the collocation includes ground-mounted equipment, the county may charge an additional rate using the methodology described in paragraph 5 of this subsection. The rate for ground-mounted equipment may not exceed one hundred seventy-five dollars. 3. For the installation of a utility pole, together with the collocation of small wireless facilities, that will not be owned by the county, charge a wireless provider a rate using the methodology described in paragraph 5 of this subsection. The rate may not exceed one hundred seventy-five dollars. An additional rate may not be charged for collocated small wireless facilities, including ground-mounted equipment that is requested in the application. 4. For the replacement of a utility pole owned by the county, require the applicant to comply with the county's processes and requirements for installing such structures. The county may not charge a rate for the replaced utility pole. 5. Charge a rate that has been lawfully adopted and published. The rate shall be based on the average fair market value of the county right-of-way that is suitable for the deployment of wireless facilities and utility poles. All materials used to derive these values shall be readily available to the public at least ninety days before the adoption of the rate. The rate adopted shall be based on ninety percent of the average fair market values that have been determined and are subject to the applicable rate caps in paragraphs 1, 2 and 3 of this subsection. E. A county shall: 1. Adopt an ordinance establishing rates, fees and terms for the following: (a) The installation, modification or replacement by a wireless provider of a utility pole located in a right-of-way. (b) The collocation by a wireless provider of a small wireless facility in a right-of-way. (c) The collocation by a wireless provider of a small wireless facility on a county utility pole.

Arizona

no date

Ariz. Rev. Stat. 15-1261

E-rate application; fund

Category: Funding and financing

Topic: State Universal Service Fund (Schools and Libraries)

Allows all school districts and charter schools eligible for e-rate priority one funding to apply to the e-rate fund. School districts and charter schools that receive funding are required to establish an e-rate fund, and monies in the fund may be used to reimburse broadband and telecommunications costs.

State Code

A. All school districts and charter schools that are eligible for e-rate priority one funding as authorized by the telecommunications act of 1996 may apply for funding. Eligible school districts and charter schools may submit applications with assistance of the department of administration. B. All school districts and charter schools that receive e-rate funding shall establish an e-rate fund. Any monies in the fund may be used to reimburse the school district or charter school for broadband internet and telecommunications costs.

Arizona

no date

Ariz. Rev. Stat. 15-249.07

Broadband expansion fund; requirements; disbursements to certified applicants; reports

Category: Funding and financing

Topic: Fund

Establishes a broadband expansion fund consisting of legislative appropriations and administered by the Department of Education. The fund is used to provide state matching funds for schools, school districts, libraries, and groups of schools and school districts for e-rate eligible broadband connectivity construction projects.

State Code

A. The broadband expansion fund is established consisting of legislative appropriations. The department of education shall administer the fund. Monies in the fund are continuously appropriated and shall be used to provide state matching monies for certified broadband connectivity construction projects for qualified applicants. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. B. Qualified applicants for distributions from the broadband expansion fund include schools, school districts, libraries and groups of schools or school districts with broadband connectivity construction projects that are certified by the department and that are eligible for the federal universal service program for schools and libraries known as the e-rate program. C. Notwithstanding subsection A of this section, the first eight million dollars of cumulative state matching contributions for certified broadband connectivity construction projects shall be provided by the corporation commission from the funding mechanism established by the corporation commission in accordance with the federal universal service program. D. The department may disburse monies from the broadband expansion fund to the applicant of a certified broadband connectivity construction project on notification from the universal service administrative company that a project is approved for federal e-rate program monies. E. An applicant may not receive a total amount from the federal universal service fund, the funding mechanism established by the corporation commission in accordance with the federal universal service program and the broadband expansion fund in excess of the certified broadband connectivity construction project's cost. F. When certifying projects as eligible for funding from the broadband expansion fund, the department shall give priority to applicants with an e-rate program discount rate of at least eighty percent, as defined by the universal service administrative company.

Arizona

no date

Ariz. Rev. Stat. 18-402

Statewide e-rate program fund

Category: Funding and financing

Topic: State Universal Service Fund (Schools and Libraries)

Establishes a statewide e-rate program fund administered by the Department of Information Technology. The fund consists of monies received through the federal e-rate program and other grants to improve broadband access for schools and libraries, fund-sharing agreements between state agencies, and grants and donations from third parties.

State Code

A. The statewide e-rate program fund is established. The department shall administer the fund. The statewide e-rate program fund shall consist of: 1. Monies received pursuant to the e-rate program under the telecommunications act of 1996 or other grants to assist this state in improving broadband internet and telecommunications access for public schools and libraries in this state. 2. Monies received as a result of an intergovernmental agreement between the department and other political subdivisions of this state. 3. Monies received from private grants or donations if designated for the fund by the grantor or donor. B. Monies in the fund shall be used to assist public school districts, charter schools and libraries to submit applications for funding pursuant to subsection C and to fulfill the terms of an intergovernmental agreement or private contract pursuant to subsection D. C. Subject to the conditions of subsection E and in cooperation with the Arizona state library, archives and public records, the department shall develop policies and procedures for the e-rate application for public school districts, charter schools and libraries in this state, including providing technical assistance. D. The department may enter into contracts with private organizations and intergovernmental agreements with other state agencies and political subdivisions of this state to administer the statewide e-rate program. E. Participation in the e-rate program by libraries is voluntary. The Arizona state library, archives and public records shall determine e-rate eligibility applications.

Arizona

no date

Ariz. Rev. Stat. 28-7381

Definitions

Category: Definitions

Topic: Definition - Broadband (Speed of 1.5 Mbps or less)

Defines broadband service as providing access and transport to the internet at Speed of at least 1 megabit per second in either direction.

State Code

2. "Broadband service": (a) Means providing access and transport to the Internet, computer processing, information storage or protocol conversion at a rate of at least one megabit per second in either the upstream or downstream direction, as established by the federal communications commission. (b) Does not include information content or service applications provided over the access service or any intrastate service that was subject to a tariff as of January 1, 2012.

Arizona

no date

Ariz. Rev. Stat. 28-7382

Broadband conduit installation; rural highway construction projects

Category: Infrastructure access

Topic: Right of way (Dig once)

Allows the director of transportation to authorize the installation of broadband conduit exclusive of road construction or as part of a rural highway transportation project if the department receives funding to cover the cost or if state entities with responsibility for broadband request the conduit and provide funding. Allows the conduit to be leased to broadband providers at a cost-based rate and allows the director to limit provider access to the right of way to initial installation and infrequent maintenance activities.

State Code

A. The director may install broadband conduit in accordance with this article as part of a covered rural highway construction project if funding is received by the department to cover the cost. B. In carrying out this article, the director may lease the broadband conduit to providers at a cost-based rate and coordinate with providers regarding planning and relocating of broadband conduit and any related provider facilities within the right-of-way at the provider's expense if future highway improvements make the relocations necessary. The director may limit provider access to any broadband facilities within the right-of-way for initial installation and infrequent access for maintenance purposes and may take other actions necessary to maintain highway safety. C. The director may install broadband conduit without regard to the timing of a related existing road construction project, based on a request and receipt of funding from state entities charged with responsibility for broadband infrastructure and policy.

Arizona

no date

Ariz. Rev. Stat. 9-461.17

Telecommunications utility relocation; cost reimbursement; definitions

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Requires municipalities to reimburse telecommunications providers, including internet service providers, whenever a bond-funded infrastructure project requires a telecommunications provider to relocate their equipment.

State Code

A. To the fullest extent allowed by law, if any construction project in any municipality that is undertaken individually or jointly by an intergovernmental contract and that is funded in whole or in part by voter-approved municipal bond proceeds requires that a telecommunications utility adjust or otherwise relocate the telecommunications utility's facilities, the municipality shall reimburse the telecommunications utility, or cause the telecommunications utility to be reimbursed, for the telecommunications utility's relocation costs incurred on facilities located within the municipal boundaries.

Arizona

no date

Ariz. Rev. Stat. 9-584

Microcell equipment in public highways; permits; fees; limitations; definitions

Category: Infrastructure access

Topic: Small cell facilities

Requires municipalities to permit the siting of microcell equipment in public highways and prohibits municipalities from charging discriminatory or unreasonable fees.

State Code

A. A political subdivision shall allow the following persons and their affiliates to install, operate and maintain microcell equipment in the public highways that are under the jurisdiction of the political subdivision: 1. A telecommunications corporation within the licensed area of a license issued by the political subdivision under this article. 2. A telecommunications corporation described in section 9-582, subsection E. 3. A cable operator as defined in section 9-505 in the area of jurisdiction licensed by the political subdivision under section 9-506. 4. A video service provider in the service area licensed by the political subdivision. B. On application a political subdivision shall issue permits for the installation, operation and maintenance of microcell equipment in the public highways within the political subdivision on a competitively neutral and nondiscriminatory basis to all persons specified in subsection A of this section. Only a qualified service provider may use microcell equipment to provide commercial mobile radio service. C. All application fees, permit fees and charges levied by a political subdivision for applications or permits shall be levied on a competitively neutral and nondiscriminatory basis and directly related to the costs incurred by the political subdivision in providing services relating to the granting or administration of applications or permits. These fees and charges also shall be reasonably related in time to the occurrence of the costs. D. A political subdivision may not charge a recurring fee, rent or other charge for use of aerial strand-mounted microcell equipment in public highways within the political subdivision if the political subdivision levies a rent, fee or charge on a person identified in subsection A of this section for the use of the public highways to provide a service. This subsection does not prohibit a political subdivision from charging a competitively neutral and nondiscriminatory rent, fee or charge for the use of utility poles or other poles of the political subdivision.

Arizona

no date

Ariz. Rev. Stat. 9-591 et. seq.

Use of public highways by wireless providers

Category: Infrastructure access

Topic: Small cell facilities

Enumerates allowable activities for wireless providers in the right of way, including small cell wireless facilities and wireless facilities. Allows local jurisdictions to charge a fee for right of way access if that fee is competitively neutral, nondiscriminatory, and limited to the cost of managing the right of way. Fees cannot exceed an annual amount of $50 times the number of small cell facilities placed in the right of way.

Addresses requirements for zoning review, including that co-located small wireless facilities are not subject to zoning review or approval; outlines review timelines and deems applications not reviewed within these timelines granted.

Allows providers to submit consolidated applications for up to 25 small cell facilities and allows local jurisdictions to remove a facility from an application and treat it separately if the information provided is incomplete. Further allows the local jurisdiction to issue separate permits for each co-location in a consolidated application. Limits the application fee to $100 for up to five small cell facilities and $50 for each additional facility on an application. Does not allow the local jurisdiction to request unrelated services, including in-kind contributions. Allows the local jurisdiction to adopt screening or landscaping standards and “setback of fall zone” (i.e., a surface under or around a piece of playground equipment where a child might land) requirements. Provisions outlined in the article do not apply to local jurisdictions within 10 miles of the Mexican border that have or are negotiating contracts before July 1, 2018, that support national security objectives along United States-Mexico border.

State Code

A. This section applies to the activities of a wireless provider within a right-of-way. B. An authority may not enter into an exclusive arrangement with a wireless provider for use of a right-of-way for any of the following: 1. The construction, installation, maintenance, modification, operation or replacement of utility poles or monopoles. 2. The collocation of small wireless facilities on utility poles or wireless support structures. 3. The collocation of wireless facilities on monopoles. C. An authority may charge a wireless provider a rate or fee for the use of a right-of-way for the construction, installation, maintenance, modification, operation or replacement of a utility pole in the right-of-way or the collocation of a small wireless facility in the right-of-way, only if the authority charges other communications service providers or publicly, cooperatively or municipally owned utilities for the use of the right-of-way and the authority has the legal authority to do so. If an authority charges a rate or fee pursuant to this section, the rate or fee for a wireless provider must be: 1. Limited to not more than the direct and actual cost of managing the right-of-way. 2. Competitively neutral in regard to other users of the right-of-way, including investor-owned, authority-owned or cooperatively owned entities, unless other users are exempt from such rates or fees under applicable law. D. A rate or fee charged pursuant to subsection C of this section may not do any of the following: 1. Result in a double recovery where existing rates, fees or taxes already recover the direct and actual costs of managing a right-of-way. 2. Be in the form of a franchise or other fee based on revenue or customer counts. 3. Be unreasonable or discriminatory. 4. Exceed an annual amount equal to fifty dollars multiplied by the number of small wireless facilities that are in the authority's geographic jurisdiction and that are placed by the wireless provider in the right-of-way. E. An authority shall establish and make available rates, fees and terms for all of the following, within six months after August 9, 2017 or three months after receiving the first request by a wireless provider, whichever is later: 1. The construction, installation, mounting, maintenance. F. The rates, fees and terms established pursuant to subsection E of this section must be made available for acceptance by a wireless provider. At the wireless provider's option, a wireless provider may request different or additional terms that the parties shall negotiate in good faith. Documents that reflect rates, fees and terms with each wireless provider are public records. Rates, fees and terms must comply with this article, and the terms: 1. May not be unreasonable or discriminatory. 2. May include requirements applicable to other users of the right-of-way. 3. May require that the wireless provider's operation of the small wireless facilities in the right-of-way does not interfere with the authority's public safety communications. 4. Subject to subsection K of this section and section 9-593, subsection F, may not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole. 5. Subject to subsection K of this section and section 9-593, subsection F, may not limit the placement of small wireless facilities by minimum separation distances.

Arizona

2019

Ariz. Sess. Laws Ch. 263 (2019)

Arizona commerce authority; appropriation; rural broadband; fiscal year 2019–2020; exemption

Category: Funding and financing

Topic: Fund - Broadband

Appropriates $3 million to the Arizona Commerce Authority for broadband deployment grants and requires the authority to report to the Legislature by Jan. 31, 2020, its plan for distributing grants.

State Code

A. The sum of $3,000,000 in onetime funding is appropriated from the state general fund in fiscal year 2019-2020 to the Arizona commerce authority for the purpose of providing rural broadband grants. The Arizona commerce authority shall report to the joint legislative budget committee on or before January 31, 2020 on its plan for distributing these grants. B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to the lapsing of appropriations.

Arkansas

no date

Ark. Code 14-200-101

Jurisdiction over utilities—appeal—definition

Category: Competition and regulation

Topic: Service provision (SP) - Other

Defines requirements for municipal franchise fees, specifies that municipalities cannot impose additional fees on regulated broadband service providers under the Broadband Over Power Lines Enabling Act, and may impose franchise fees at the same rate that they charge other providers of broadband network services on nonregulated providers.

State Code

(f) (1) No city or town may impose additional franchise fees upon any provider of regulated broadband services under the Broadband Over Power Lines Enabling Act, § 23-18-801 et seq. (2) A city or town may impose franchise fees upon any provider of nonregulated broadband services under the Broadband Over Power Lines Enabling Act, § 23-18-801 et seq., at the same rates that the city or town charges other providers of broadband network services.

Arkansas

no date

Ark. Code 18-15-503

Powers

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Addresses right of way access for electric utilities for transmitting and distributing electric or broadband services.

State Code

(a) (1) (A) An electric utility organized or domesticated under the laws of this state for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use may construct, operate, and maintain such lines of wire, cables, poles, or other structures necessary for the transmission or distribution of electricity and broadband services: (i) Along and over the public highways and the streets of the cities and towns of the state; (ii) Across or under the waters of the state; (iii) Over any lands or public works belonging to the state; (iv) On and over the lands of private individuals or other persons; (v) Upon, along, and parallel to any railroad or turnpike of the state; and (vi) On and over the bridges, trestles, and structures of railroads. (B) In constructing such dams as the electric utility may be authorized to construct for the purpose of generating electricity by water power, the electric utility may flow the lands above the dams with backwater resulting from construction. (2) (A) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed, nor the navigation of the waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes. (B) The permission of the proper municipal authorities shall be obtained for the use of the streets. (b) (1) In the event that an electric utility, upon application to the individual, railroad, turnpike company, or other persons, should fail to secure by consent, contract, or agreement, a right-of-way for the purposes enumerated in subsection (a) of this section, then the electric utility shall have the right to proceed to procure the condemnation of the property, lands, rights, privileges, and easements in the manner prescribed in this subchapter. (2) However, an electric utility shall not be required to secure by consent, contract, or agreement or to procure by condemnation the right to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures. (c) Whenever an electric utility desires to construct its line on or along the lands of individuals or other persons or on the right-of-way and the structures of any railroad or upon and along any turnpike, the electric utility, by its agent, shall have the right to enter peacefully upon the lands, structures, or right-of-way and survey, locate, and lay out its line thereon, being liable, however, for any damage that may result by reason of the acts.

Arkansas

no date

Ark. Code 18-15-507

Damages

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Addresses the amount of damages to be paid by an electric utility to a landowner for right of way access.

State Code

(a) (1) The amount of damages to be paid the owner of the lands for the right-of-way for the use of the electric utility shall be determined and assessed irrespective of any other benefit that the owner may receive from any improvement proposed by the electric utility. (2) (A) If an owner of property petitions a court under § 18-15-504(e), the amount of damages, if any, payable to the owner for the use of preexisting lines of wire, cables, poles, or other structures by an electric utility to provide broadband services shall be limited to an amount sufficient to compensate the property owner for the increased interference, if any, with the owner's use of the property caused by any new or additional physical attachments to the preexisting facility for the purpose of providing broadband services. (B) Evidence of revenues or profits derived by an electric utility from providing broadband services is not admissible for any purpose in a proceeding under § 18-15-504(e). (b) In all cases in which damages for the right-of-way for the use of the electric utility shall have been assessed in the manner provided, it shall be the duty of the electric utility to deposit with the court or pay to the owners the amount so assessed and pay such costs as may be in the discretion of the court be adjudged against it within thirty (30) days after the assessment. Whereupon, it shall and may be lawful for the electric utility to enter upon, use, and have the right-of-way over the lands forever. (c) In all cases in which the electric utility shall not pay or deposit the amount of damages assessed pursuant to this section, §§ 18-15-501 -- 18-15-506, § 18-15-508, and § 18-15-509 within thirty (30) days after the assessment, the electric utility shall forfeit all rights in the premises.

Arkansas

no date

Ark. Code 23-17-402

Legislative findings

Category: Other

Topic: Legislative intent

Sets legislative intent related to modifying and removing telecommunications regulations to encourage private sector investment in the telecommunications marketplace and preserving universal service. Addresses the importance of broadband expansion to economic and educational opportunity.

State Code

It is the intent of the General Assembly in enacting this subchapter to: (1) Provide for a system of regulation of telecommunications services, consistent with the federal act, that assists in implementing the national policy of opening the telecommunications market to competition on fair and equal terms, modifies outdated regulation, eliminates unnecessary regulation, and preserves and advances universal service; (2) Recognize that a telecommunications provider that serves high-cost rural areas or exchanges faces unique circumstances that require special consideration and funding to assist in preserving and promoting universal service; (3) Recognize that the: (A) Widespread and timely deployment of broadband infrastructure is vital to the economic, educational, health, and social interests of Arkansas and its citizens; and (B) Arkansas High Cost Fund has enabled eligible telecommunications carriers to accelerate and promote the incremental extension and expansion of broadband services and other advanced services in rural or high-cost areas of the state beyond what would normally occur, and broadband services are now available in dozens of new communities to thousands of Arkansans who otherwise would not have access to broadband services and its benefits; (4) (A) Recognize differences between the small and large incumbent local exchange carriers, that there are customer-owned telephone cooperatives and small locally owned investor companies, and that it is appropriate to provide incentives and regulatory flexibility to allow incumbent local exchange carriers that serve the rural areas to provide existing services and to introduce new technology and new services in a prompt, efficient, and economical manner. (B) The General Assembly finds that the Arkansas Public Service Commission, when promulgating rules and regulations, should take into consideration the differences in operating conditions in the large and small incumbent local exchange carriers and the burdens placed on small carriers because of regulation; and (5) (A) Recognize that in areas of the state served by electing companies, telecommunications connections utilizing unregulated technologies such as wireless and Voice over Internet Protocol greatly outnumber traditional wireline connections that remain regulated by the commission. (B) The General Assembly finds that the removal of quality-of-service regulation of wireline services provided in the competitive exchanges of electing companies will serve to encourage private-sector investment in the telecommunications marketplace.

Arkansas

no date

Ark. Code 23-17-404

Preservation and promotion of universal service

Category: Funding and financing

Topic: State Universal Service Fund (High Cost Support)

Allows the use of the Arkansas High Cost Fund to accelerate broadband expansion in rural areas.

State Code

(a) (1) The Arkansas High Cost Fund (AHCF) is established by this section in order to promote and assure the availability of universal service at rates that are reasonable and affordable and to provide for reasonably comparable services and rates between rural and urban areas. (2) The AHCF shall provide funding to an eligible telecommunications carrier that provides basic local exchange services and other supported services using its own facilities or a combination of its own facilities and another carrier's facilities by the eligible telecommunications carrier within its study area. (3) The AHCF shall be designed to provide predictable, sufficient, and sustainable funding to eligible telecommunications carriers serving rural or high-cost areas of the state. (4) The AHCF shall also be used to accelerate and promote the incremental extension and expansion of broadband services and other advanced services in rural or high-cost areas of the state beyond what would normally occur and support the Lifeline Assistance Program to eligible low-income customers. (b) (1) The AHCF is to provide a mechanism to restructure the present system of telecommunication service rates in the state as provided herein, and all telecommunications providers, except as prohibited by federal law, shall be charged for the direct and indirect value inherent in the obtaining and preserving of reasonable and comparable access to telecommunications services in the rural or high-cost areas. The value and utility of access to and interconnection with the public switched network will be lessened if the rural or high-cost areas do not have comparable access and subscribership. (2) (A) (i) This AHCF charge for all telecommunications providers shall be proportionate to each provider's Arkansas intrastate retail telecommunications service revenues. (ii) If the AHCF administrator determines or receives a petition from two-thirds (2/3) of the AHCF participants stating that the Arkansas intrastate retail telecommunications services revenues are inadequate to fully fund the AHCF requirements, the AHCF administrator shall notify the Arkansas Public Service Commission and the commission shall open a docket that will develop and implement a plan to fully fund the AHCF requirements.

Arkansas

no date

Ark. Code 23-17-409(b)

Authorization of competing local exchange carriers

Category: Competition and regulation

Topic: Municipal broadband

Prohibits local governments from providing broadband or other communications services, except through a government-owned electric utility or if the local government gets a grant for broadband, either on its own or through a public/private partnership.

State Code

(b) (1) Except as otherwise provided in subdivisions (b)(2) and (b)(5) of this section, a government entity may not provide, directly or indirectly, basic local exchange, voice, data, broadband, video, or wireless telecommunications services. (2) After reasonable notice to the public and a public hearing, a government entity owning an electric utility system or television signal distribution system may provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services and make any telecommunications capacity or associated facilities that the government entity now owns, or may construct or acquire, available to the public upon terms and conditions as may be established by the government entity's governing authority, except the government entity may not use the telecommunications capacity or associated facilities to provide, directly or indirectly, basic local exchange service. … (5) After reasonable notice to the public, a government entity may, on its own or in partnership with a private entity, apply for funding under a program for grants or loans to be used for the construction, acquisition, or leasing of facilities, land, or buildings used to deploy broadband service in unserved areas, as defined under the terms of the granting or lending program, and if the funding is awarded, then provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services to the public in the unserved areas.

Arkansas

no date

Ark. Code 23-17-409(c)

Authorization of competing local exchange carriers

Category: Infrastructure access

Topic: Pole attachments

Allows a governmental entity that operates an electric utility to deny a telecommunications provider access to its poles for reasons of safety, reliability, insufficient capacity, or engineering.

State Code

(c) A governmental entity that operates an electric utility system may deny any telecommunications provider access to its electric utility poles, ducts, conduits, or rights-of-way on a nondiscriminatory basis when there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.

Arkansas

2019

Ark. Code 23-17-501 et seq.

Small Wireless Facility Deployment Act

Category: Infrastructure access

Topic: Small cell facilities

Prohibits a governing authority from entering into an exclusive arrangement for using right-of-way for small wireless facilities. Requires installing small wireless facilities in the right-of-way to be a permitted use not subject to zoning review or approval. Places size limits on poles that house small cell facilities. Requires providers to repair any damage to the right-of-way that results from installing small cell facilities and specifies conditions under which a local authority can order the removal or replacement of poles. Regulates the aesthetic standards that local authorities are allowed to apply to small cell facilities. Requires local authorities to allow collocation of small wireless facilities on poles owned by the authority and abide by certain conditions. Specifies a process local that authorities must follow when issuing permits for small cell facilities, including limiting the fees that local authorities may charge.

State Code

An authority shall not enter into an exclusive arrangement with a person for use of the right-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, or replacement of poles for the collocation. … (a) Subject to this subchapter, a wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to collocate, maintain, modify, operate, and replace small wireless facilities and to install, maintain, modify, and replace poles it owns or manages or, with the permission of the owner, a third party's pole, associated with a small wireless facility, along, across, upon, and under the right-of-way.

Arkansas

2007

Ark. Code 23-18-801 et seq.

Broadband Over Power Lines Enabling Act

Category: Competition and regulation

Topic: Service provision (SP) - Other

Allows an electric utility to operate a broadband system and provide broadband services over the utility’s electric delivery system, known as broadband over power lines. Addresses requirements of broadband-over-power-lines provision.

State Code

(a) An electric utility, an affiliate of an electric utility, or a person unaffiliated with an electric utility may own, construct, maintain, and operate a broadband system and provide broadband services on an electric utility's electric delivery system consistent with the requirements of this subchapter. (b) This subchapter does not require an electric utility to implement a broadband system, provide broadband services, or allow others to install broadband facilities or use the electric utility's facilities to provide broadband services. (c) An electric utility, a broadband affiliate, or a broadband operator may elect to install and operate a broadband system on part or all of its electric delivery system in any part or all of its certificated service territory.

Arkansas

no date

Ark. Code 25-4-102

Legislative findings and declaration of intent

Category: Competition and regulation

Topic: Service provision (SP) - Other

Does not allow the Department of Information Technology to provide broadband to the public in competition with private sector providers and does not allow customers of the Department of Information Technology to use department facilities and services to provide service to the public in competition with private sector providers.

State Code

(1) In exercising its authority under § 25-4-105, the department shall competitively procure information technology except as provided in this subsection. (2) The department is not authorized by § 25-4-105 to provide information technology services, including telecommunications and broadband services, to the general public, other than nongovernmental first responder entities, in competition with private sector telecommunications and cable communications providers. (3) Customers of the department are not authorized to use information technology facilities and services provided by the department to provide telecommunications and broadband services to the general public in competition with private sector telecommunications and cable communications providers.

Arkansas

2019

Ark. Code 25-4-125

State Broadband Manager

Category: Broadband programs

Topic: Agency

Allows the governor to appoint the state broadband manager. Defines the position’s responsibilities, including serving as the single point of contact for state agencies, boards, and commissions and other broadband stakeholders; preparing and updating a state broadband plan; and preparing a semiannual report on activities for the governor and legislative committees.

State Code

(a) The Governor shall designate the State Broadband Manager. (b) The State Broadband Manager shall coordinate the state's efforts to expand and improve broadband capacity and availability by: (1) Serving as a single point of contact for: (A) State agencies, boards, commissions, and constitutional officers, including without limitation the Governor, Department of Education, Department of Higher Education, and Arkansas Department of Transportation; (B) Private businesses, enterprises, and broadband providers; (C) Nonprofit organizations; (D) Governmental entities and organizations organized under federal law or the law of another state; and (E) Individuals and entities that seek to assist the state's efforts to improve economic development, elementary education, and secondary education through the use of broadband technology; (2) Gathering, compiling, and maintaining information obtained independently or from an individual or entity described in subdivision (b)(1) of this section; (3) Formulating, updating, and maintaining a state broadband plan; and (4) On or before January 1 and July 1 of each year, filing a written report of the activities and operations of the State Broadband Manager for the preceding six (6) months with the: (A) Governor; (B) Legislative Council; and (C) Joint Committee on Advanced Communications and Information Technology.

Arkansas

2019

Ark. Code 4-164-303

Definitions

Category: Funding and financing

Topic: Financing - Other

Defines broadband as a capital improvement expense, meaning that local governments may issue bonds to construct it.

State Code

(2) "Capital improvements of a public nature" or "capital improvements" for the purposes of Arkansas Constitution, Amendment 62, and this subchapter means whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means: (xlv) Facilities and apparatus for voice, data, broadband, video, or wireless telecommunications services

Arkansas

no date

Ark. Code 6-47-502

Distance learning grants

Category: Funding and financing

Topic: State Universal Service Fund (Schools and Libraries)

Requires education service cooperatives and school districts to coordinate with the Division of Elementary and Secondary Education to obtain E-rate funding as part of a grant program to support distance learning.

State Code

(a) (1) The Division of Elementary and Secondary Education shall develop grant standards and provide grants to education service cooperatives for acquiring equipment and receiving telecommunications services necessary for each school district to have distance learning availability. … (c) Education service cooperatives and school districts shall coordinate with the department to seek to obtain the benefits of the Federal Communications Commission's E-rate program.

California

2018

Calif. Civ. Code 3100

Internet neutrality

Category: Definitions

Topic: Definition - Broadband (Defined by technology, not speed)

Defines broadband service as a mass-market retail service that allows customers to transmit or receive data to or from internet endpoints by wire or radio.

State Code

(b) “Broadband Internet access service” means a mass-market retail service by wire or radio provided to customers in California that provides the capability to transmit data to, and receive data from, all or substantially all Internet endpoints, including, but not limited to, any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. “Broadband Internet access service” also encompasses any service provided to customers in California that provides a functional equivalent of that service or that is used to evade the protections set forth in this title.

California

2018

Calif. Civ. Code 3101

Internet Neutrality

Category: Competition and regulation

Topic: Net neutrality

Defines unlawful activities for fixed internet service providers, including blocking lawful content and applications, impairing or degrading internet lawful traffic, engaging in paid prioritization, selectively providing a zero rating within a category, and unreasonably interfering with an end user’s access to content. Applies the same provisions to mobile service providers offering mobile broadband service.

State Code

(a) It shall be unlawful for a fixed Internet service provider, insofar as the provider is engaged in providing fixed broadband Internet access service, to engage in any of the following activities: (1) Blocking lawful content, applications, services, or nonharmful devices, subject to reasonable network management. (2) Impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management. (3) Requiring consideration, monetary or otherwise, from an edge provider, including, but not limited to, in exchange for any of the following: (A) Delivering Internet traffic to, and carrying Internet traffic from, the Internet service provider’s end users. (B) Avoiding having the edge provider’s content, application, service, or nonharmful device blocked from reaching the Internet service provider’s end users. (C) Avoiding having the edge provider’s content, application, service, or nonharmful device impaired or degraded. (4) Engaging in paid prioritization. (5) Engaging in zero-rating in exchange for consideration, monetary or otherwise, from a third party. (6) Zero-rating some Internet content, applications, services, or devices in a category of Internet content, applications, services, or devices, but not the entire category. (7) (A) Unreasonably interfering with, or unreasonably disadvantaging, either an end user’s ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of the end user’s choice, or an edge provider’s ability to make lawful content, applications, services, or devices available to end users. Reasonable network management shall not be a violation of this paragraph. (B) Zero-rating Internet traffic in application-agnostic ways shall not be a violation of subparagraph (A) provided that no consideration, monetary or otherwise, is provided by any third party in exchange for the Internet service provider’s decision whether to zero-rate traffic. (8) Failing to publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of those services and for content, application, service, and device providers to develop, market, and maintain Internet offerings. (9) Engaging in practices, including, but not limited to, agreements, with respect to, related to, or in connection with, ISP traffic exchange that have the purpose or effect of evading the prohibitions contained in this section and Section 3102. Nothing in this paragraph shall be construed to prohibit Internet service providers from entering into ISP traffic exchange agreements that do not evade the prohibitions contained in this section and Section 3102. (b) It shall be unlawful for a mobile Internet service provider, insofar as the provider is engaged in providing mobile broadband Internet access service, to engage in any of the activities described in paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9) of subdivision (a).

California

2017

Calif. EDC Code 11800

K-12 high-speed internet connectivity for the public school system

Category: Competition and regulation

Topic: Service provision (SP) - Other

Establishes the K-12 High-Speed Network (HSN) to expand high-bandwidth internet connectivity to the public school system and establishes the California Education Network composed of the California Research and Education Network and the K-12 HSN. Defines the services of the K-12 HSN to include providing reliable, cost-effective internet service and securing interconnectivity among public school entities and with higher education institutions. Defines the composition and responsibilities of the advisory board and for the lead education agency.

State Code

(a) (1) The K–12 High-Speed Network (K–12 HSN) is hereby established for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing high-speed, high-bandwidth Internet connectivity to the public school system, as defined by Section 6 of Article IX of the California Constitution. (2) The California Education Network is hereby established, consisting of the California Research and Education Network (CalREN) and the K–12 HSN. (b) The Superintendent shall collect the information necessary to measure the success of the K–12 HSN and ensure that the benefits of the K–12 HSN are maximized to the extent possible. The K–12 HSN shall provide critical services and functions for public primary and secondary local educational agencies, including, but not limited to, all of the following: (1) Reliable and cost-effective Internet service. (2) Reliable and secure interconnectivity among public school entities offering kindergarten or any of grades 1 to 12, inclusive, in California, connection to higher education institutions of California, and connection to state and local agencies to facilitate efficient interaction, including transmission of data. (3) Videoconferencing and related distance learning capabilities. (4) Statewide coordination of network uses to benefit teaching and learning. (c) The Superintendent shall use a competitive grant process to select a local educational agency to serve as the lead education agency to administer the K–12 HSN on behalf of the Superintendent. (d) The Superintendent shall establish a K–12 HSN advisory board to be composed of all of the following members: (1) The Superintendent, or his or her designee. (2) The county superintendent of schools of the lead education agency. (3) A county superintendent of schools of a county with an average daily attendance of more than 60,000 pupils, appointed by the Superintendent. The member appointed pursuant to this paragraph shall serve a renewable two-year term. (4) Three school district superintendents, appointed by the Superintendent. Members appointed pursuant to this paragraph shall represent school districts that are diverse as to geography and size, and that serve socioeconomically and culturally diverse pupil populations. Members appointed pursuant to this paragraph shall serve renewable two-year terms. (5) Two county superintendents of schools appointed by the majority of the votes of all of the county superintendents of schools. Members appointed pursuant to this paragraph shall serve renewable two-year terms. (6) Three schoolsite representatives, who shall include not less than two classroom teachers or instructional specialists. Members appointed pursuant to this paragraph shall serve renewable two-year terms. (7) The president of the state board or his or her designee. (e) The advisory board shall meet quarterly and shall recommend policy direction and broad operational guidance to the Superintendent and the lead education agency. The advisory board, in consultation with the lead education agency, shall develop recommendations for measuring the success of the network, improving network oversight and monitoring, strengthening accountability, and optimizing the use of the K–12 HSN and its ability to improve education. The advisory board shall report its recommendations to the Legislature, the Governor, the Department of Finance, the president of the state board or his or her designee, and the Legislative Analyst’s Office by March 1, 2007. It is the intent of the Legislature that the report identify and recommend specific annual performance measures that should be established to assess the effectiveness of the network.

California

2019

Calif. EDC Code 17072.35

Category: Funding and financing

Topic: Fund - Other (Schools and Libraries)

Allows money from the 2020 State School Facilities Fund to be used for school site-based broadband infrastructure when constructing new schools.

State Code

17072.35. (a) A grant for new construction may be used for any and all costs necessary to adequately house new pupils in any approved project, and those costs may only include the cost of design, engineering, testing, inspection, plan checking, construction management, site acquisition and development, evaluation and response action costs relating to hazardous substances at a new or existing schoolsite, demolition, construction, acquisition and installation of portable classrooms, landscaping, necessary utility costs, utility connections and other fees, equipment including telecommunication equipment to increase school security, furnishings, and the upgrading of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology, including schoolsite-based infrastructure necessary to provide access to broadband internet within the schoolsite.

California

2019

Calif. EDC Code 17074.25

Category: Funding and financing

Topic: Fund - Other (Schools and Libraries)

Allows money from the 2020 State School Facilities Fund to fund the school site-based broadband infrastructure when modernizing schools.

State Code

17074.25. (a) (1) A modernization apportionment may be used for an improvement to extend the useful life of, or to enhance the physical environment of, the school. The improvement may only include the cost of design, engineering, testing, inspection, plan checking, construction management, demolition, construction, the replacement of portable classrooms, necessary utility costs, utility connection and other fees, the purchase and installation of air-conditioning equipment and insulation materials and related costs, furniture and equipment, including telecommunication equipment to increase school security, fire safety improvements, playground safety improvements, the identification, assessment, or abatement of hazardous asbestos, seismic safety improvements, and the upgrading of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology, including schoolsite-based infrastructure necessary to provide access to broadband internet within the schoolsite. A modernization grant may not be used for costs associated with acquisition and development of real property or for routine maintenance and repair.

California

2016

Calif. Gov. Code 14051

Activities

Category: Infrastructure access

Topic: Right of way (Dig once)

Promotes collaboration among the Department of Transportation and companies and organizations working on broadband deployment by requiring the department to notify those entities during the planning phase of department-led highway construction projects suitable for broadband conduit installation. Requires the Department of Transportation to develop guidelines to facilitate broadband conduit installation on state highway right of way.

State Code

(a) For purposes of this section, “companies or organizations working on broadband deployment” includes, but is not limited to, local governments, nonprofit organizations, cable television corporations, as defined in Section 216.4 of the Public Utilities Code, and telephone corporations, as defined in Section 234 of the Public Utilities Code. (b) (1) During the project planning phase of a department-led highway construction project that was initiated on or after January 1, 2017, is parallel to the highway, and involves construction methods that are suitable for installing broadband conduit, the department shall notify companies and organizations working on broadband deployment of the project on its Internet Web site to encourage collaborative broadband installations. (2) For the purpose of supporting fiber optic communication cables, after receiving notification from the department, a company or organization working on broadband deployment may collaborate with the department to install a broadband conduit as part of the project. (3) The department, in consultation with stakeholders, on or before January 1, 2018, shall develop guidelines to facilitate the installation of broadband conduit on state highway rights-of-way. The guidelines shall address access to information on existing assets and collaboration on future projects.

California

2014

Calif. Gov. Code 53395.3-53395.3.2

General provisions

Category: Funding and financing

Topic: Financing - Other

Creates infrastructure financing districts for financing public capital facilities of communitywide significance, which can include broadband-related projects. Infrastructure financing districts can finance the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of property with an estimated useful life of 15 years or more but cannot finance routine maintenance, repair work, ongoing operational expenses, or service provision.

State Code

53395.3. (a) A district may finance (1) the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer which satisfies the requirements of subdivision (b), (2) may finance planning and design work which is directly related to the purchase, construction, expansion, or rehabilitation of that property and (3) the costs described in Sections 53395.5, and 53396.5. A district may only finance the purchase of facilities for which construction has been completed, as determined by the legislative body. The facilities need not be physically located within the boundaries of the district. A district may not finance routine maintenance, repair work, or the costs of ongoing operation or providing services of any kind. (b) The district shall finance only public capital facilities of communitywide significance, which provide significant benefits to an area larger than the area of the district, including, but not limited to, all of the following: (1) Highways, interchanges, ramps and bridges, arterial streets, parking facilities, and transit facilities. (2) Sewage treatment and water reclamation plants and interceptor pipes. (3) Facilities for the collection and treatment of water for urban uses. (4) Flood control levees and dams, retention basins, and drainage channels. (5) Child care facilities. (6) Libraries. (7) Parks, recreational facilities, and open space. (8) Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles. (c) Any district which constructs dwelling units shall set aside not less than 20 percent of those units to increase and improve the community’s supply of low- and moderate-income housing available at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, to persons and families of low- and moderate-income, as defined in Section 50093 of the Health and Safety Code. 53395.3.2. (a) In addition to the projects authorized by Section 53395.3, any infrastructure financing district may finance public capital facilities or projects that include broadband. (b) For purposes of this section, “broadband” means communications network facilities that enable high-speed Internet access.

California

2014

Calif. Gov. Code 53395.3.2

General provisions

Category: Definitions

Topic: Definition - Broadband (Defined by technology, not speed)

Defines broadband as communications network facilities that enable high-speed internet access.

State Code

(b) For purposes of this section, “broadband” means communications network facilities that enable high-speed Internet access.

California

2008

Calif. Gov. Code 61100

Authorized services and facilities

Category: Competition and regulation

Topic: Municipal broadband

Defines the authorized services and facilities that can be provided by a community services district. These include broadband in cases when a private entity is unable or unwilling to construct or operate broadband facilities and provide broadband services. Before providing services, the district should make a reasonable effort to identify a private provider, and if a private provider is willing to operate facilities and provide services, the authority of the district to do so expires and the district must transfer or lease its facilities to the private entity.

State Code

(af) If a private person or entity is unable or unwilling to deploy broadband service, construct, own, improve, maintain, and operate broadband facilities and to provide broadband services. For purposes of this section, broadband has the same meaning as in subdivision (a) of Section 5830 of the Public Utilities Code. The district shall first make a reasonable effort to identify a private person or entity willing to deploy service. The authority granted by this subdivision shall expire when a private person or entity is ready, willing, and able to acquire, construct, improve, maintain, and operate broadband facilities and to provide broadband services, and to sell those services at a comparable cost and quality of service as provided by the district. At that time, the district shall do one of the following: (1) Diligently transfer its title, ownership, maintenance, control, and operation of those broadband facilities and services at a fair market value to that private person or entity. (2) Lease the operation of those broadband facilities at a fair market value to that private person or entity.

California

2017

Calif. Gov. Code 65850.6

Adoption of regulations

Category: Infrastructure access

Topic: Wireless facilities

Makes co-location facilities a permitted use not subject to a discretionary permit from a city or county if the co-location is consistent with requirements for the wireless facility on which the co-location is proposed and that wireless facility was subject to discretionary review and an environmental impact report in compliance with the California Environmental Quality Act. Wireless telecommunications facilities where subsequent co-locations are allowed are subject to discretionary review and must comply with city and county requirements related to height and massing, as well as aesthetics and design requirements.

State Code

(a) A colocation facility shall be a permitted use not subject to a city or county discretionary permit if it satisfies the following requirements: (1) The colocation facility is consistent with requirements for the wireless telecommunications colocation facility pursuant to subdivision (b) on which the colocation facility is proposed. (2) The wireless telecommunications colocation facility on which the colocation facility is proposed was subject to a discretionary permit by the city or county and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunications colocation facility in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code); the requirements of Section 21166 do not apply; and the colocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration. (b) A wireless telecommunications colocation facility, where a subsequent colocation facility is a permitted use not subject to a city or county discretionary permit pursuant to subdivision (a), shall be subject to a city or county discretionary permit issued on or after January 1, 2007, and shall comply with all of the following: (1) City or county requirements for a wireless telecommunications colocation facility that specifies types of wireless telecommunications facilities that are allowed to include a colocation facility, or types of wireless telecommunications facilities that are allowed to include certain types of colocation facilities; height, location, bulk, and size of the wireless telecommunications colocation facility; percentage of the wireless telecommunications colocation facility that may be occupied by colocation facilities; and aesthetic or design requirements for the wireless telecommunications colocation facility. (2) City or county requirements for a proposed colocation facility, including any types of colocation facilities that may be allowed on a wireless telecommunications colocation facility; height, location, bulk, and size of allowed colocation facilities; and aesthetic or design requirements for a colocation facility. (3) State and local requirements, including the general plan, any applicable community plan or specific plan, and zoning ordinance. (4) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) through certification of an environmental impact report, or adoption of a negative declaration or mitigated negative declaration. (c) The city or county shall hold at least one public hearing on the discretionary permit required pursuant to subdivision (b) and notice shall be given pursuant to Section 65091, unless otherwise required by this division.

California

2006

Calif. Gov. Code 65964

Development permits for classes of projects

Category: Infrastructure access

Topic: Wireless facilities

Enumerates things that cities and counties cannot do as conditions of approval for a permit for construction of a wireless telecommunications facility, including require an escrow deposit for removal of a facility, limit the duration of a permit to less than 10 years, or require that facilities be limited to sites owned by parties within the jurisdiction.

State Code

As a condition of approval of an application for a permit for construction or reconstruction for a development project for a wireless telecommunications facility, as defined in Section 65850.6, a city or county shall not do any of the following: (a) Require an escrow deposit for removal of a wireless telecommunications facility or any component thereof. However, a performance bond or other surety or another form of security may be required, so long as the amount of the bond security is rationally related to the cost of removal. In establishing the amount of the security, the city or county shall take into consideration information provided by the permit applicant regarding the cost of removal. (b) Unreasonably limit the duration of any permit for a wireless telecommunications facility. Limits of less than 10 years are presumed to be unreasonable absent public safety reasons or substantial land use reasons. However, cities and counties may establish a build-out period for a site. (c) Require that all wireless telecommunications facilities be limited to sites owned by particular parties within the jurisdiction of the city or county.

California

2015

Calif. Gov. Code 65964.1

Development permits for classes of projects

Category: Infrastructure access

Topic: Wireless facilities

Defines conditions under which an application for siting a wireless telecommunications facility will be deemed approved, including if the city or county fails to approve the application within a reasonable time, and the applicant has provided appropriate public notice and notice to the city or county that the reasonable time has lapsed and that the application is deemed approved.

State Code

(a) A collocation or siting application for a wireless telecommunications facility, as defined in Section 65850.6, shall be deemed approved if all of the following occur: (1) The city or county fails to approve or disapprove the application within a reasonable period of time in accordance with the time periods and procedures established by applicable FCC decisions. The reasonable period of time may be tolled to accommodate timely requests for information required to complete the application or may be extended by mutual agreement between the applicant and the local government, consistent with applicable FCC decisions. (2) The applicant has provided all public notices regarding the application that the applicant is required to provide under applicable laws consistent with the public notice requirements for the application. (3) (A) The applicant has provided notice to the city or county that the reasonable time period has lapsed and that the application is deemed approved pursuant to this section. (B) Within 30 days of the notice provided pursuant to subparagraph (A), the city or county may seek judicial review of the operation of this section on the application. (b) This section does not apply to eligible facilities requests. (c) The Legislature finds and declares that a wireless telecommunications facility has a significant economic impact in California and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, but is a matter of statewide concern.

California

2019

Calif. Gov. Code 8885-8889

California Broadband Council

Category: Broadband programs

Topic: Task force

Establishes the California Broadband Council to promote broadband deployment in unserved and underserved areas and broadband adoption in all areas of the state. Defines the membership and duties of the council, including ensuring that state agencies share information to maximize opportunities for federal and private funding and identifying opportunities for state agencies and state broadband networks to share resources for broadband deployment and adoption.

State Code

8885. The California Broadband Council is established in state government for the purpose of promoting broadband deployment in unserved and underserved areas of the state, as defined by the Public Utilities Commission, and broadband adoption throughout the state for the benefit of all Californians. 8886. (a) The membership of the California Broadband Council shall include all of the following: (1) The Director of Technology, or the director’s designee. (2) The President of the Public Utilities Commission, or the president’s designee. (3) The Director of Emergency Services, or the director’s designee. (4) The Superintendent of Public Instruction, or the Superintendent’s designee. (5) The Director of General Services, or the director’s designee. (6) The Secretary of Transportation, or the secretary’s designee. (7) The President of the California Emerging Technology Fund, or the president’s designee. (8) The Secretary of Food and Agriculture, or the secretary’s designee. (9) The State Librarian, or the librarian’s designee. (10) The Governor’s Tribal Advisor, or the advisor’s designee. (11) A Member of the Senate, appointed by the Senate Committee on Rules. (12) A Member of the Assembly, appointed by the Speaker of the Assembly. (b) Members of the Legislature appointed to the council shall participate in the activities of the council to the extent that their participation is not incompatible with their positions as Members of the Legislature.

California

2018

Calif. PUC Code 275.6

Advisory boards

Category: Funding and financing

Topic: State Universal Service Fund (High Cost Support)

Directs the Public Utilities Commission to exercise its regulatory authority to maintain the California High-Cost Fund-A Administrative Committee program and provide universal service rate support to small independent telephone corporations. Enables rate-of-return regulations to facilitate the state’s universal service commitment of affordable and widely available communications services in rural areas. Promotes customer access to advanced services and broadband deployment in rural areas, consistent with national policy. States that the commission should include the investments necessary for both high-quality voice service communications services and broadband-capable facilities.

State Code

(a) The commission shall exercise its regulatory authority to maintain the California High-Cost Fund-A Administrative Committee Fund program (CHCF-A program) to provide universal service rate support to small independent telephone corporations in amounts sufficient to meet the revenue requirements established by the commission through rate-of-return regulation in furtherance of the state’s universal service commitment to the continued affordability and widespread availability of safe, reliable, high-quality communications services in rural areas of the state. (b) For purposes of this section, the following terms have the following meanings: (1) “Carrier of last resort” means a telephone corporation that is required to fulfill all reasonable requests for service within its service territory. (2) “Rate base” means the value of a telephone corporation’s plant and equipment that is reasonably necessary to provide regulated voice services and access to advanced services, and upon which the telephone corporation is entitled to a fair opportunity to earn a reasonable rate of return. (3) “Rate design” means the mix of end user rates, high-cost support, and other revenue sources that are targeted to provide a fair opportunity to meet the revenue requirement of the telephone corporation. (4) “Rate-of-return regulation” means a regulatory structure whereby the commission establishes a telephone corporation’s revenue requirements, and then fashions a rate design to provide the company a fair opportunity to meet the revenue requirement. (5) “Revenue requirement” means the amount that is necessary for a telephone corporation to recover its reasonable expenses and tax liabilities and earn a reasonable rate of return on its rate base. (6) “Small independent telephone corporations” are rural incumbent local exchange carriers subject to commission regulation. (c) In administering the CHCF-A program the commission shall do all of the following: (1) Continue to set rates to be charged by the small independent telephone corporations in accordance with Sections 451, 454, 455, and 728. (2) Employ rate-of-return regulation to determine a small independent telephone corporation’s revenue requirement in a manner that provides revenues and earnings sufficient to allow the telephone corporation to deliver safe, reliable, high-quality voice communication service and fulfill its obligations as a carrier of last resort in its service territory, and to afford the telephone corporation a fair opportunity to earn a reasonable return on its investments, attract capital for investment on reasonable terms, and ensure the financial integrity of the telephone corporation. (3) Ensure that rates charged to customers of small independent telephone corporations are just and reasonable and are reasonably comparable to rates charged to customers of urban telephone corporations. (4) Provide universal service rate support from the California High-Cost Fund-A Administrative Committee Fund to small independent telephone corporations in an amount sufficient to supply the portion of the revenue requirement that cannot reasonably be provided by the customers of each small independent telephone corporation after receipt of federal universal service rate support. (5) Promote customer access to advanced services and deployment of broadband-capable facilities in rural areas that is reasonably comparable to that in urban areas, consistent with national communications policy. (6) Include all reasonable investments necessary to provide for the delivery of high-quality voice communication services and the deployment of broadband-capable facilities in the rate base of small independent telephone corporations. (7) Ensure that support is not excessive so that the burden on all contributors to the CHCF-A program is limited. (d) In order to participate in the CHCF-A program, a small independent telephone corporation shall meet all of the following requirements: (1) Be subject to rate-of-return regulation. (2) Be subject to the commission’s regulation of telephone corporations pursuant to this division. (3) Be a carrier of last resort in their service territory. (4) Qualify as a rural telephone company under federal law (47 U.S.C. Sec. 153(44)). (e) Upon request from the commission, a small independent telephone corporation that receives support from the CHCF-A program shall provide information regarding revenues derived from the provision of unregulated Internet access service by that corporation or its affiliate within that corporation’s telephone service territory. The commission shall treat as confidential any information provided pursuant to this subdivision. (f) The commission shall structure the CHCF-A program so that any charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers. (g) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.

California

2017

Calif. PUC Code 281

Advisory boards (Goal)

Category: Broadband programs

Topic: Goal

Sets a goal for the California Advanced Services Fund program of funding infrastructure projects that will provide broadband access to at least 98 percent of California households in each consortia region no later than Dec. 31, 2022.

State Code

(b) (1) (A) The goal of the program is, no later than December 31, 2022, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission on or before January 1, 2017. The commission shall be responsible for achieving the goals of the program.

California

2017

Calif. PUC Code 281

Advisory boards (Definition - Unserved)

Category: Definitions

Topic: Definition - Unserved

Defines an unserved household as one where no facility-based broadband provider offers service at Speed of at least 6 megabits per second (Mbps) download and 1 Mbps upload.

State Code

(B) For purposes of this section, “unserved household” means a household for which no facility-based broadband provider offers broadband service at Speed of at least 6 megabits per second (mbps) downstream and one mbps upstream.

California

2017

Calif. PUC Code 281

Advisory boards (Definition - Unserved)

Category: Definitions

Topic: Definition - Unserved

For the purposes of the Broadband Public Housing Account, defines unserved as when at least one unit within a housing development is not offered broadband service.

State Code

(ii) For purposes of this subparagraph, a housing development is unserved when at least one housing unit within the housing development is not offered broadband Internet service.

California

2017

Calif. PUC Code 281

Advisory boards (Fund)

Category: Funding and financing

Topic: Fund

Directs the Public Utilities Commission (PUC) to develop, implement, and administer the California Advanced Services Fund program to encourage broadband deployment to provide broadband access to at least 98 percent of all Californians by Dec. 31, 2022. Preference will be given to projects that provide last-mile access to households that are unserved by an existing facility-based provider. Directs the PUC to establish multiple accounts within the broadband fund and defines purposes and funding amounts for the Broadband Infrastructure Grant Account ($300,000,000); the Rural and Urban Regional Broadband Consortia Grant Account ($10,000,000); and the Broadband Adoption Account ($20,000,000). Projects funded through the Broadband Infrastructure Grant Account must be made on a technology-neutral basis and provide Speed of 10 megabits per second (Mbps) download and 1 Mbps upload to areas where offered speeds are not at least 6 Mbps download and 1 Mbps upload and, before July 1, 2020, are not located in a census block where an existing facility-based provider has accepted Connect America Fund II monies. Up to $5 million in grants will be available to individual households or property owners toward extending a line to their property. Funds through the Broadband Adoption Account are to increase publicly available or after-school broadband access and digital inclusion in communities with limited broadband adoption, with preference given to communities with demonstrated low access, including communities with socioeconomic barriers to adoption and senior communities.

State Code

(a) The commission shall develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet For All Now Act (Assembly Bill 1665 of the 2017–18 Regular Session). (b) (1) (A) The goal of the program is, no later than December 31, 2022, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission on or before January 1, 2017. The commission shall be responsible for achieving the goals of the program. (B) For purposes of this section, “unserved household” means a household for which no facility-based broadband provider offers broadband service at Speed of at least 6 megabits per second (mbps) downstream and one mbps upstream. (2) In approving infrastructure projects, the commission shall do both of the following: (A) Approve projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider, and, upon accomplishment of the goal of the program specified in paragraph (1), also approve projects pursuant to paragraph (15) of subdivision (f). (B) (i) Give preference to projects in areas where Internet connectivity is available only through dial-up service that are not served by any form of wireline or wireless facility-based broadband service or areas with no Internet connectivity. (ii) This subparagraph does not prohibit the commission from approving funding for projects outside of the areas specified in clause (i). (c) The commission shall establish the following accounts within the fund: (1) The Broadband Infrastructure Grant Account. (2) The Rural and Urban Regional Broadband Consortia Grant Account. (3) The Broadband Public Housing Account. (4) The Broadband Adoption Account. (d) (1) The commission shall transfer the moneys received by the commission from the surcharge imposed to fund the accounts to the Controller for deposit in the California Advanced Services Fund. Moneys collected shall be deposited in the following amounts in the following accounts:(A) Three hundred million dollars ($300,000,000) into the Broadband Infrastructure Grant Account. (B) Ten million dollars ($10,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account. (C) Twenty million dollars ($20,000,000) into the Broadband Adoption Account. (2) All interest earned on moneys in the fund shall be deposited in the fund. (3) The commission may collect a sum not to exceed three hundred thirty million dollars ($330,000,000) for a sum total of moneys collected by imposing the surcharge described in paragraph (1). The commission may collect the sum beginning with the calendar year starting on January 1, 2018, and continuing through the 2022 calendar year, in an amount not to exceed sixty-six million dollars ($66,000,000) per year, unless the commission determines that collecting a higher amount in any year will not result in an increase in the total amount of all surcharges collected from telephone customers that year. (e) All moneys in the California Advanced Services Fund shall be available, upon appropriation by the Legislature, to the commission for the program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund. (f) (1) The commission shall award grants from the Broadband Infrastructure Grant Account on a technology-neutral basis, including both wireline and wireless technology. (2) The commission shall consult with regional consortia, stakeholders, local governments, existing facility-based broadband providers, and consumers regarding unserved areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year through year 2022. (3) The commission shall identify unserved rural and urban areas and delineate the areas in the annual report prepared pursuant to Section 914.7. (4) (A) (i) The commission shall annually offer an existing facility-based broadband provider the opportunity to demonstrate that it will deploy broadband or upgrade existing facilities to a delineated unserved area within 180 days. (ii) Except as provided in clause (iii), the commission shall not approve funding for a project to deploy broadband to a delineated unserved area if the existing facility-based broadband provider demonstrates to the commission, in response to the commission’s annual offer, that it will deploy broadband or upgrade existing broadband service throughout the project area. (iii) If the existing facility-based broadband provider is unable to complete the deployment of broadband within the delineated unserved area within 180 days, the provider shall provide the commission with information to demonstrate what progress has been made or challenges faced in completing the deployment. If the commission finds that the provider is making progress towards the completion of the deployment, the commission shall extend the time to complete the project beyond the 180 days. If the commission finds that the provider is not making progress towards completing the deployment, the delineated unserved area shall be eligible for funding pursuant to this subdivision. (B) (i) Except for information specified in clause (ii), information submitted to the commission that includes the provider’s plans for future broadband deployment shall not be publicly disclosed. (ii) The commission may publicly disclose information regarding the area designated for a broadband deployment, the number of households or locations to be served, and the estimated date by which the deployment will be completed. (C) An existing facility-based broadband provider may, but is not required to, apply for funding from the Broadband Infrastructure Grant Account to make an upgrade pursuant to this subdivision. (5) Projects eligible for grant awards shall meet all of the following requirements: (A) The project deploys infrastructure capable of providing broadband access at Speed of a minimum of 10 megabits per second (mbps) downstream and one mbps upstream to unserved households in census blocks where no provider offers access at Speed of at least 6 mbps downstream and one mbps upstream. (B) All or a significant portion of the project deploys last-mile infrastructure to provide service to unserved households. Projects that only deploy middle-mile infrastructure are not eligible for grant funding. For a project that includes funding for middle-mile infrastructure, the commission shall verify that the proposed middle-mile infrastructure is indispensable for accessing the last-mile infrastructure. (C) (i) Except as provided in clause (ii), until July 1, 2020, the project is not located in a census block where an existing facility-based broadband provider has accepted federal funds for broadband deployment from Phase II of the Connect America Fund, unless the existing facility-based broadband provider has notified the commission before July 1, 2020, that it has completed its Connect America Fund deployment in the census block.(ii) An existing facility-based broadband provider is eligible for a grant pursuant to this subdivision to supplement a grant pursuant to Phase II of the Connect America Fund to expand broadband service within identified census blocks, as needed. (6) (A) An individual household or property owner shall be eligible to apply for a grant to offset the costs of connecting the household or property to an existing or proposed facility-based broadband provider. Any infrastructure built to connect a household or property with funds provided under this paragraph shall become the property of, and part of, the network of the facility-based broadband provider to which it is connected.(B) (i) In approving a project pursuant to this paragraph, the commission shall consider limiting funding to households based on income so that funds are provided only to households that would not otherwise be able to afford a line extension to the property, limiting the amount of grants on a per-household basis, and requiring a percentage of the project to be paid by the household or the owner of the property. (ii) The aggregate amount of grants awarded pursuant to this paragraph shall not exceed five million dollars ($5,000,000). (7) An entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved household, if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission.(8) The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.(9) A local governmental agency may be eligible for an infrastructure grant only if the infrastructure project is for an unserved household or business, the commission has conducted an open application process, and no other eligible entity applied.(10) The commission shall establish a service list of interested parties to be notified of any California Advanced Services Fund applications. Any application and any amendment to an application for project funding shall be served to those on the service list and posted on the commission’s Internet Web site at least 30 days before publishing the corresponding draft resolution. (11) A grant awarded pursuant to this subdivision may include funding for the following costs consistent with paragraph (5) of subdivision (f): (A) Costs directly related to the deployment of infrastructure. (B) Costs to lease access to property or for Internet backhaul services for a period not to exceed five years. (C) Cost incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection. (12) A grant from the Broadband Infrastructure Grant Account shall not include funding for costs of broadband infrastructure already funded by the Connect America Fund program or other similar federal public program that funds that infrastructure. This paragraph does not apply to funding from the federal high-cost support programs that support operations, including High Cost Loop Support (HCLS), Connect America Fund-Broadband Loop Support (CAF-BLS), or the Alternative Connect America Cost Model (A-CAM). (13) The commission may award grants to fund all or a portion of the project. The commission shall determine, on a case-by-case basis, the level of funding to be provided for a project and shall consider factors that include, but are not limited to, the location and accessibility of the area, the existence of communication facilities that may be upgraded to deploy broadband, and whether the project makes a significant contribution to achievement of the program goal. (14) The commission may require each infrastructure grant applicant to indicate steps taken to first obtain any available funding from the Connect America Fund program or similar federal public programs that fund broadband infrastructure. This paragraph does not authorize the commission to reject a grant application on the basis that an applicant failed to seek project funding from the Connect America Fund program or another similar federal public program. (15) Upon the accomplishment of the goal of the program specified in paragraph (1) of subdivision (b), not more than thirty million dollars ($30,000,000) of the moneys remaining in the Broadband Infrastructure Grant Account shall be available for infrastructure projects that provide last-mile broadband access to households to which no facility-based broadband provider offers broadband service at Speed of at least 10 mbps downstream and one mbps upstream.

California

2019

Calif. PUC Code 2898

Category: Infrastructure access

Topic: Wireless facilities

Allows first responders to submit a request during an emergency to a mobile service provider not to degrade or impair internet traffic during the emergency and requires the provider to comply until either the emergency is over or first responders no longer need the wireless connection.

State Code

2898. (a) Notwithstanding any other provision of this part, upon receiving a request pursuant to subdivision (b), the mobile internet service provider shall not impair or degrade the lawful internet traffic of the first response agency_��s identified account until the earlier of either the account no longer being used by the agency in response to the emergency or the end of the emergency, subject to reasonable network management. (b) (1) A first response agency may submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency. As part of the request, the first response agency shall identify the account number and lines for the mobile internet service provider. (2) A first response agency that submits a request pursuant to paragraph (1) shall notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency.

California

2007

Calif. PUC Code 5810

The Digital Infrastructure and Video Competition Act of 2006

Category: Other

Topic: Legislative intent

Addresses legislative intent for increasing competition for video and broadband services to increase customer choice, reduce prices, hasten deployment of new technologies, improve the variety of programming, and benefit the economy of the state through a state-issued franchise authorization process. Defines legislative principles, including developing a fair and level playing field for all market competitors and promoting widespread access to technologically advanced services to all California communities in a nondiscriminatory manner. Further notes that although video providers are not public utilities or common carriers, the Public Utilities Commission will collect fees in the same manner it does for public utilities, providing service directly to customers and subject to its jurisdiction, and that video service providers will pay a franchise fee to the local jurisdiction where service is being offered for access to facilities and public right of way.

State Code

(a) The Legislature finds and declares all of the following: (1) Increasing competition for video and broadband services is a matter of statewide concern for all of the following reasons: (A) Video and cable services provide numerous benefits to all Californians including access to a variety of news, public information, education, and entertainment programming. (B) Increased competition in the cable and video service sector provides consumers with more choice, lowers prices, speeds the deployment of new communication and broadband technologies, creates jobs, and benefits the California economy.(C) To promote competition, the state should establish a state-issued franchise authorization process that allows market participants to use their networks and systems to provide video, voice, and broadband services to all residents of the state. (D) Competition for video service should increase opportunities for programming that appeals to California’s diverse population and many cultural communities. (2) Legislation to develop this new process should adhere to the following principles:(A) Create a fair and level playing field for all market competitors that does not disadvantage or advantage one service provider or technology over another. (B) Promote the widespread access to the most technologically advanced cable and video services to all California communities in a nondiscriminatory manner regardless of socioeconomic status.(C) Protect local government revenues and control of public rights-of-way. (D) Require market participants to comply with all applicable consumer protection laws. (E) Complement efforts to increase investment in broadband infrastructure and close the digital divide. (F) Continue access to and maintenance of the public, education, and government (PEG) channels. (G) Maintain all existing authority of the California Public Utilities Commission as established in state and federal statutes. (3) The public interest is best served when sufficient funds are appropriated to the commission to provide adequate staff and resources to appropriately and timely process applications of video service providers and to ensure full compliance with the requirements of this division. It is the intent of the Legislature that, although video service providers are not public utilities or common carriers, the commission shall collect any fees authorized by this division in the same manner and under the same terms as it collects fees from common carriers, electrical corporations, gas corporations, telephone corporations, telegraph corporations, water corporations, and every other public utility providing service directly to customers or subscribers subject to its jurisdiction such that it does not discriminate against video service providers or their subscribers. (4) Providing an incumbent cable operator the option to secure a state-issued franchise through the preemption of an existing cable franchise between a cable operator and any political subdivision of the state, including, but not limited to, a charter city, county, or city and county, is an essential element of the new regulatory framework established by this act as a matter of statewide concern to best ensure equal protection and parity among providers and technologies, as well as to achieve the goals stated by the Legislature in enacting this act. (b) It is the intent of the Legislature that a video service provider shall pay as rent a franchise fee to the local entity in whose jurisdiction service is being provided for the continued use of streets, public facilities, and other rights-of-way of the local entity in order to provide service. The Legislature recognizes that local entities should be compensated for the use of the public rights-of-way and that the franchise fee is intended to compensate them in the form of rent or a toll, similar to that which the court found to be appropriate in Santa Barbara County Taxpayers Association v. Board of Supervisors for the County of Santa Barbara (1989) 209 Cal. App. 3d 940.(c) It is the intent of the Legislature that collective bargaining agreements be respected. (d) It is the intent of the Legislature that the definition of gross revenues in this division shall result in local entities maintaining their existing level of revenue from franchise fees.

California

2007

Calif. PUC Code 5830

The Digital Infrastructure and Video Competition Act of 2006

Category: Definitions

Topic: Definition - Broadband (As defined by FCC or U.S. Code)

Defines broadband as any service defined in the most recent Federal Communications Commission inquiry. This definition is used by reference in Calif. Gov. Code 61100.

State Code

(a) “Broadband” means any service defined as broadband in the most recent Federal Communications Commission inquiry pursuant to Section 706 of the Telecommunications Act of 1996 (P.L. 104-104).

California

2015

Calif. PUC Code 5960

The Digital Infrastructure and Video Competition Act of 2006

Category: Broadband programs

Topic: Mapping

Requires every video franchise holder to report annually to the Public Utilities Commission on broadband data on a census tract basis, including the number of households to which the franchise holder makes broadband available in the state, the number of households that subscribe to that broadband service, and whether the service uses wireline or another technology. If the franchise holder does not keep data at the census tract level, it may submit a reasonable approximation. Also includes requirements for reporting on video information and low-income household information.

State Code

(a) For purposes of this section, “census tract” has the same meaning as used by the United States Census Bureau, and “household” has the same meaning as specified in Section 5890. (b) Every holder, no later than April 1, 2008, and annually no later than April 1 thereafter, shall report to the commission on a census tract basis the following information: (1) Broadband information: (A) The number of households to which the holder makes broadband available in this state. If the holder does not maintain this information on a census tract basis in its normal course of business, the holder may reasonably approximate the number of households based on information it keeps in the normal course of business. (B) The number of households that subscribe to broadband that the holder makes available in this state. (C) Whether the broadband provided by the holder utilizes wireline-based facilities or another technology. (2) Video information: (A) If the holder is a telephone corporation: (i) The number of households in the holder’s telephone service area. (ii) The number of households in the holder’s telephone service area that are offered video service by the holder. (B) If the holder is not a telephone corporation: (i) The number of households in the holder’s video service area. (ii) The number of households in the holder’s video service area that are offered video service by the holder. (3) Low-income household information: (A) The number of low-income households in the holder’s video service area. (B) The number of low-income households in the holder’s video service area that are offered video service by the holder. (c) All information submitted to the commission pursuant to this section shall be disclosed to the public only as provided for pursuant to Section 583.

California

2019

Calif. PUC Code 8281-8286

Women, Minority, Disabled Veteran, and LGBT Business Enterprises

Category: Other

Topic: Other

Declares it to be the policy of the state to ensure that a fair proportion of the total purchases and contracts or subcontracts for regulated public utilities, including broadband, go to women, minority, disabled veteran, and LGBT business enterprises. Notes that these enterprises have traditionally received less than a proportional share of such contracts and that it is in the state’s interest to improve this share through the establishment of long-range goals. All electrical, gas, water, wireless telecommunications service providers, telephone corporations with gross annual intrastate revenues exceeding $25 million, and commission-regulated subsidiaries and affiliates are required to submit annual plans with short- and long-term goals, timetables, and methods for increasing procurement from women, minority, disabled veteran, and LGBT business enterprises. All such companies with intrastate revenues of between $15 million and $25 million are required to submit a simplified version of the report. Directs the commission to develop and require companies to implement outreach programs to inform and recruit such enterprises to apply for procurement contracts.

State Code

(a) The Legislature hereby finds and declares that the essence of the American economic system of private enterprise is free, open, and transparent competition. Only through free, open, and transparent competition can free markets, reasonable and just prices, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be ensured. The preservation and expansion of that competition are basic to the economic well-being of this state and that well-being cannot be realized unless the actual and potential capacity of women, minority, disabled veteran, and LGBT business enterprises is encouraged and developed. Therefore, it is the declared policy of the state to aid the interests of women, minority, disabled veteran, and LGBT business enterprises in order to preserve reasonable and just prices and a free competitive enterprise, to ensure that a fair proportion of the total purchases and contracts or subcontracts for commodities, supplies, technology, property, and services for regulated public utilities, including, but not limited to, renewable energy, wireless telecommunications, broadband, smart grid, and rail projects, are awarded to women, minority, disabled veteran, and LGBT business enterprises, and to maintain and strengthen the overall economy of the state. (b) (1) The Legislature finds all of the following: (A) The opportunity for full participation in our free enterprise system by women, minority, disabled veteran, and LGBT business enterprises is essential if this state is to attain social and economic equality for those businesses and improve the functioning of the state economy. (B) Public agencies and some regulated utilities that have established short- and long-range women, minority, disabled veteran, and LGBT business enterprise goals are awarding 30 percent or more of their contracts to these business enterprises. (C) Women, minority, disabled veteran, and LGBT business enterprises have traditionally received less than a proportionate share of regulated public utility procurement contracts, especially in renewable energy, wireless telecommunications, broadband, smart grid, and rail projects. (D) It is in the state’s interest to expeditiously improve the economically disadvantaged position of women, minority, disabled veteran, and LGBT business enterprises. (E) The position of these businesses can be substantially improved by providing long-range substantial goals for procurement by regulated public utilities of technology, equipment, supplies, services, materials, and construction work, especially in renewable energy, wireless telecommunications, broadband, smart grid, and rail projects, from women, minority, disabled veteran, and LGBT businesses. (F) That procurement also benefits the regulated public utilities and consumers of the state by encouraging the expansion of the number of suppliers for procurements, thereby encouraging competition among the suppliers and promoting economic efficiency in the process. (G) That the long-term economic viability of this state depends substantially upon the ability of renewable energy, wireless telecommunications, broadband, smart grid, and rail projects to incorporate women, minority, disabled veteran, and LGBT businesses into those projects. (2) It is the purpose of this article to do all of the following: (A) Encourage greater economic opportunity for women, minority, disabled veteran, and LGBT business enterprises. (B) Promote competition among regulated public utility suppliers in order to enhance economic efficiency in the procurement of electrical, gas, water, wireless telecommunications service provider, and telephone corporation contracts and contracts of their commission-regulated subsidiaries and affiliates. (C) Clarify and expand the program for the procurement by regulated public utilities of technology, equipment, supplies, services, materials, and construction work from women, minority, disabled veteran, and LGBT business enterprises. … (a) The commission shall require each electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding twenty-five million dollars ($25,000,000), and their commission-regulated subsidiaries and affiliates, to submit annually a detailed and verifiable plan for increasing procurement from women, minority, disabled veteran, and LGBT business enterprises in all categories, including, but not limited to, renewable energy, energy storage system, wireless telecommunications, broadband, smart grid, vegetation management, and rail projects. … (f) The commission shall require each electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding fifteen million dollars ($15,000,000), but not more than twenty-five million dollars ($25,000,000), to annually submit data in a simplified form to the commission on its procurement from women, minority, disabled veteran, and LGBT business enterprises in all categories, including, but not limited to, renewable energy, energy storage system, wireless telecommunications, broadband, smart grid, vegetation management, and rail projects.

California

2000

Calif. PUC Code 871.7

Universal telephone service

Category: Other

Topic: Legislative intent

Sets the legislative intent to initiate a proceeding to redefine universal service to include two-way voice, video, and data service as components of basic service and to promote equitable access to high-speed communications networks and the internet that improve quality of life, expand access to educational opportunities, increase access to public health and safety resources, help bridge the digital divide, and support telecommuting.

State Code

The Legislature finds and declares all of the following: (a) The Moore Universal Telephone Service Act, enacted in 1987, was intended to offer high quality basic telephone service at affordable rates to the greatest number of California residents, and has become an important means of achieving universal service by making residential service affordable to low-income citizens through the creation of a lifeline class of service. (b) Factors such as competition and technological innovation are resulting in the convergence of a variety of telecommunications technologies offering an expanded range of telecommunications services to users that incorporate voice, video, and data. These technologies have differing regulatory regimes and jurisdictions. (c) It is the intent of the Legislature that the commission initiate a proceeding investigating the feasibility of redefining universal telephone service by incorporating two-way voice, video, and data service as components of basic service. It is the Legislature’s further intent that, to the extent that the incorporation is feasible, that it promote equity of access to high-speed communications networks, the Internet, and other services to the extent that those services provide social benefits that include all of the following: (1) Improving the quality of life among the residents of California. (2) Expanding access to public and private resources for education, training, and commerce. (3) Increasing access to public resources enhancing public health and safety. (4) Assisting in bridging the “digital divide” through expanded access to new technologies by low-income, disabled, or otherwise disadvantaged Californians. (5) Shifting traffic patterns by enabling telecommuting, thereby helping to improve air quality in all areas of the state and mitigating the need for highway expansion. (d) For purposes of this section, the term “feasibility” means consistency with all of the following: (1) Technological and competitive neutrality. (2) Equitable distribution of the funding burden for redefined universal service as described in subdivision (c), among all affected consumers and industries, thereby ensuring that regulated utilities’ ratepayers do not bear a disproportionate share of funding responsibility. (3) Benefits that justify the costs.

California

2006

Calif. PUC Code 884

Universal telephone service (Service provision (SP) - Other)

Category: Competition and regulation

Topic: Service provision (SP) - Other

Declares the intent of the Legislature that any program administered by the Public Utilities Commission (PUC) providing broadband service to schools and libraries to address inequality of access also provide those services to a nonprofit community technology program. Allows the PUC to spend up to $2 million toward the installation of broadband services for eligible community organizations.

State Code

(a) It is the intent of the Legislature that any program administered by the commission that addresses the inequality of access to high-speed broadband services by providing those services to schools and libraries at a discounted price, provide comparable discounts to a nonprofit community technology program. (b) Notwithstanding any other law or existing program of the commission, but consistent with the purposes for which those funds were appropriated from the California Teleconnect Fund Administrative Committee Fund in Item 8660-001-0493 of Section 2.00 of the Budget Act of 2003 (Chapter 157 of the Statutes of 2003), and reappropriated in Item 8660-491 of Section 2.00 of the Budget Act of 2006 (Chapter 47 of the Statutes of 2006), the commission may expend up to two million dollars ($2,000,000) of the unencumbered amount of those funds for the nonrecurring installation costs for high-speed broadband services for community organizations that are eligible for discounted rates pursuant to Section 280. (c) For the purpose of this section: (1) “High-speed broadband services” means a system for the digital transmission of information over the Internet at a speed of at least 384 kilobits per second. (2) “Nonprofit community technology program” means a community-based nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and engages in diffusing technology into local communities and training local communities that have no access to, or have limited access to, the Internet and advanced telecommunications technologies.

California

2006

Calif. PUC Code 884

Universal telephone service (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (Speed of 1.5 Mbps or less)

Defines broadband as a system that transmits information over the internet at a speed of at least 384 kilobits per second.

State Code

(1) “High-speed broadband services” means a system for the digital transmission of information over the Internet at a speed of at least 384 kilobits per second.

California

2009

Calif. PUC Code 884.5

Universal telephone service

Category: Competition and regulation

Topic: Service provision (SP) - Other

Addresses discounts on telecommunications services available through the California Teleconnect Fund’s Administrative Committee program for e-rate-eligible schools and libraries. The e-rate discount must be applied before the teleconnect discount is applied, and the Public Utilities Commission should give priority to expanding access to state-of-the-art technologies to rural, inner-city, low-income, and disabled populations.

State Code

(a) This section shall apply to all customers eligible to receive discounts for telecommunications services under the federal Universal Service E-rate program administered by the Schools and Libraries Division of the Universal Service Administrative Company that also apply for discounts on telecommunications services provided through the California Teleconnect Fund Administrative Committee Fund program pursuant to subdivision (a) of Section 280. (b) A teleconnect discount shall be applied after applying an E-rate discount. The commission shall first apply an E-rate discount, regardless of whether the customer has applied for an E-rate discount or has been approved, if the customer, in the determination of the commission, meets the eligibility requirements for an E-rate discount. (c) Notwithstanding subdivision (b), the teleconnect discount shall be applied without regard to an E-rate discount for a school district that meets the conditions specified for compensation pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 of Title 2 of the Education Code, unless that school district has applied for, and been approved to receive, the E-rate discount. (d) In establishing a discount under the California Teleconnect Fund Administrative Committee Fund program, the commission shall give priority to bridging the “digital divide” by encouraging expanded access to state-of-the-art technologies for rural, inner-city, low-income, and disabled Californians. (e) As used in this section: (1) “E-rate discount” means an actual discount under the E-rate program, or a representative discount figure as determined by the commission. (2) “E-rate program” means the federal Universal Service E-rate program administered by the Schools and Libraries Division of the Universal Service Administrative Company. (3) “Teleconnect discount” means a discount on telecommunications services provided through the California Teleconnect Fund Administrative Committee Fund program set forth in subdivision (a) of Section 280.

California

2017

Calif. PUC Code 912.2

Reports to Legislature

Category: Funding and financing

Topic: Fund

Requires the Public Utilities Commission to conduct both interim and final financial and performance audits on the California Advanced Services Fund to ensure that funds have been spent in accordance with grant and loan terms. Reports must include an update to the California Broadband Task Force maps and data on types and number of jobs created.

State Code

(a) The commission shall conduct an interim financial audit and a final financial audit and an interim performance audit and a final performance audit of the implementation and effectiveness of the California Advanced Services Fund to ensure that funds have been expended in accordance with the approved terms of the grant awards and loan agreements pursuant to Section 281. The commission shall report its interim findings to the Legislature by April 1, 2020. The commission shall report its final findings to the Legislature by April 1, 2023. The reports shall also include an update to the maps in the final report of the California Broadband Task Force and data on the types and numbers of jobs created as a result of the program administered by the commission pursuant to Section 281. (b) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.

California

2017

Calif. PUC Code 914.7

Reports to Legislature

Category: Funding and financing

Topic: Fund

Requires the Public Utilities Commission to report to the Legislature annually from 2019 to 2023 on the remaining unserved areas of the state, funds spent through the California Advanced Services Fund and recipients of those funds, geographic regions where the funds were spent and expected benefits, the broadband adoption rates resulting from the expenditures, the number of formally unserved households subscribing to broadband, and other metrics associated with the use of California Advanced Services Funds.

State Code

(a) By April 1, 2019, and by April 1 of each year thereafter, until April 1, 2023, the commission shall provide a report to the Legislature that includes all of the following information: (1) The remaining unserved areas in the state. (2) The amount of funds expended from the California Advanced Services Fund in the prior year. (3) The recipients of funds expended from the California Advanced Services Fund in the prior year. (4) The geographic regions of the state affected by funds expended from the California Advanced Services Fund in the prior year, including information by county. (5) The expected benefits to be derived from the fund expended from the California Advanced Services Fund in the prior year. (6) Details on the status of each project funded through the California Advanced Services Fund and whether the project has been completed or the expected completion date of the project. (7) Actual broadband adoption levels from funds expended from the California Advanced Services Fund in the prior year. (8) The cost per household for each project. (9) The number of formerly unserved households subscribing to broadband service in areas covered by projects funded by the California Advanced Services Fund. (10) The number of subscriptions resulting from the broadband adoption program funded by the California Advanced Services Fund. (11) An update on the expenditures from the California Advanced Services Fund, broadband adoption levels, the progress in achieving the goals of the program, and an accounting of the remaining unserved households in each region of the state as of December 31 of the immediately preceding year. (12) The amount of funds expended from the California Advanced Services Fund to match federal funds. (13) Addition details on efforts to leverage non-California Advanced Services Fund moneys. (14) The status of the California Advanced Services Fund balance and the projected amount to be collected in each year through 2022 to fund approved projects. (b) This section is repealed on January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.

California

2011

Calif. PUC Code 9510-9520

Utility poles and support structures

Category: Infrastructure access

Topic: Pole attachments

Addresses the need for local publicly owned electric utilities that own utility poles and support structures, including ducts and conduit, to make space available to communications service providers to promote broadband access and adoption. Addresses the space and capacity that local publicly owned utilities should make available, notification and make-ready timelines, and annual fee structures, which should provide recovery of actual costs without subsidizing for-profit communications service providers.

State Code

(a) The Legislature finds and declares that in order to promote wireline and wireless broadband access and adoption, it is in the interest of the state to ensure that local publicly owned electric utilities, including irrigation districts, that own or control utility poles and support structures, including ducts and conduits, make available appropriate space and capacity on and in those structures to cable television corporations, video service providers, and telephone corporations under reasonable rates, terms, and conditions. (b) The Legislature further finds and declares that the oversight of fees and other requirements imposed by local publicly owned electric utilities as a condition of providing the space or capacity described in subdivision (a) is a matter of statewide interest and concern. Therefore, it is the intent of the Legislature that this part supersedes all conflicting local laws and this part shall apply in charter cities. (c) The Legislature further finds and declares that local publicly owned electric utilities should provide access to utility poles and support structures with a recovery of actual costs without subsidizing for-profit cable television corporations, video service providers, and telephone corporations.

Colorado

2012

Colo. Executive Order D 2012-037

Executive Order D 2012-037

Category: Broadband programs

Topic: Agency

Assigns responsibility for broadband to the Governor's Office of Information Technology.

State Code

The Governor's Office of Information Technology is hereby formally directed to oversee and coordinate broadband activities across State agencies.

Colorado

2008

Colo. Rev. Stat. 22-43.7-107

Public school facility construction guidelines - establishment by board - use

Category: Other

Topic: Other

Requires the public school facility construction guidelines issued by the public school capital assistance board to include provisions related to technology, including internet connectivity.

State Code

(2) The public school facility construction guidelines shall identify and describe the capital construction, renovation, and equipment needs in public school facilities and means of addressing those needs that will provide educational and safety benefits at a reasonable cost. In preparing the guidelines, the board shall address the following considerations: … (b) Technology, including but not limited to telecommunications and internet connectivity technology, technology for individual student learning and classroom instruction, and technology, as defined in section 22-43.7-109(5)(a)(I)(B) , which includes hardware, devices, or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher

Colorado

2019

Colo. Rev. Stat. 24-103-911

Preference for internet service providers that certify compliance with open internet protections - definitions

Category: Competition and regulation

Topic: Net neutrality

Requires governments contracting for internet service to give preference to providers that certify that they comply with net neutrality practices.

State Code

1) When contracting for broadband internet access service, a governmental body shall give preference to an internet service provider that certifies to the governmental body that, except as allowed under section 40-15-209 (3), the internet service provider will not engage in any of the practices set forth in section 40-15-209 (1).

Colorado

2016

Colo. Rev. Stat. 24-34-104

General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal

Category: Broadband programs

Topic: Task force

Sets a repeal date for the authorizing statute for the broadband deployment board.

State Code

(25) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2024: (VI) The functions of the broadband deployment board created in section 40-15-509.5;

Colorado

2000

Colo. Rev. Stat. 29-1-1001

Moratorium on taxes, fees, and charges - internet and online services - definitions

Category: Other

Topic: Other

Prohibits local governments from levying sales taxes on internet access services.

State Code

(1.5) (a) On and after April 30, 2001, no statutory or home rule city and county, county, city, or town, or any political subdivision of the state, including, without limitation, a special purpose authority, special district, or school district, shall impose, assess, or collect any tax, fee, or charge, however designated, upon the direct charges for provision of internet access services, whether offered separately or as part of a package or bundle of services. (b) Paragraph (a) of this subsection (1.5) shall not apply to taxes on internet access services actually collected and enforced by a home rule city on or before April 15, 1998. (c) Paragraph (a) of this subsection (1.5) shall not apply to any franchise fee on interactive computer services delivered via a cable television system unless the federal communications commission or a court of competent jurisdiction determines that such services are not cable services within the meaning of 47 U.S.C. sec. 522 (6).

Colorado

2018

Colo. Rev. Stat. 29-2-105

Contents of sales tax ordinances and proposals - repeal

Category: Funding and financing

Topic: Tax incentives

Allows municipalities to create sales tax exemptions for telecommunications providers for equipment used to provide broadband service if the exemption is deployed in a uniform manner.

State Code

(10) (a) Notwithstanding any provision of this section to the contrary, and except as provided in paragraph (b) of this subsection (10), a town, city, or county may exempt from its sales tax sales to a telecommunications provider of equipment used directly in the provision of telephone service, cable television service, broadband communications service, or mobile telecommunications service.

(b) A town, city, or county may not adopt a sales tax exemption pursuant to the authority set forth in paragraph (a) of this subsection (10) unless the exemption applies in a uniform and nondiscriminatory manner to the telecommunications providers of telephone service, cable television service, broadband communications service, and mobile telecommunications service.

Colorado

2005

Colo. Rev. Stat. 29-27-101

Legislative declaration

Category: Other

Topic: Legislative intent

Declares a need for statewide uniformity in the regulation of broadband services.

State Code

(1) The general assembly hereby finds and declares that it is the policy of this state to ensure that cable television service, telecommunications service, and high speed internet access, otherwise known as advanced service, are each provided within a consistent, comprehensive, and nondiscriminatory federal, state, and local government framework. (2) The general assembly further finds and declares that: (a) There is a need for statewide uniformity in the regulation of all public and private entities that provide cable television service, telecommunications service, and advanced service. (b) Municipal ordinances, rules, and other regulations governing the provision of cable television service, telecommunications service, and advanced service by a local government impact persons living outside the municipality.

Colorado

2005

Colo. Rev. Stat. 29-27-102

Definitions

Category: Definitions

Topic: Definition - Broadband (Speed of 1.5 Mbps or less)

Defines advanced service as high-speed internet access in excess of 256 kilobits per second.

State Code

(1) "Advanced service" means high-speed internet access capability in excess of two hundred fifty-six kilobits per second both upstream and downstream.

Colorado

2005

Colo. Rev. Stat. 29-27-103

Limitations on providing cable television, telecommunications, and advanced services

Category: Competition and regulation

Topic: Municipal broadband

Prohibits local governments from directly or indirectly providing broadband service or constructing or operating facilities for providing broadband service.

State Code

(1) Except as provided in this article, a local government shall not: (a) Provide to one or more subscribers cable television service, telecommunications service, or advanced service; or(b) Purchase, lease, construct, maintain, or operate any facility for the purpose of providing cable television service, telecommunications service, or advanced service to one or more subscribers.

Colorado

2005

Colo. Rev. Stat. 29-27-201

Vote—referendum

Category: Competition and regulation

Topic: Municipal broadband

Requires that before a local government can offer broadband service, the local government hold a referendum on the issue.

State Code

(1) Before a local government may engage or offer to engage in providing cable television service, telecommunications service, or advanced service, an election shall be called on whether or not the local government shall provide the proposed cable television service, telecommunications service, or advanced service. (2) The ballot at an election conducted pursuant to this section shall pose the question as a single subject and shall include a description of the nature of the proposed service, the role that the local government will have in provision of the service, and the intended subscribers of such service. The ballot proposition shall not take effect until submitted to the electors and approved by the majority of those voting on the ballot.

Colorado

2005

Colo. Rev. Stat. 29-27-202

Exemption for unserved areas

Category: Competition and regulation

Topic: Municipal broadband

Allows local governments to provide broadband service if no provider currently provides service within the local government boundaries and if the local government has requested service and the incumbent provider has not agreed to provide service within 60 days of receiving the request.

State Code

(1) A local government shall be exempt from the requirements of this part 2 and may engage or offer to engage in providing cable television service, telecommunications service, or advanced service if:(a) No private provider of cable television service, telecommunications service, or advanced service provides the service anywhere within the boundaries of the local government;(b) The governing body of the local government has submitted a written request to provide the service to any incumbent provider of cable television service, telecommunications service, or advanced service within the boundaries of the local government; and(c) The incumbent provider has not agreed within sixty days of the receipt of a request submitted pursuant to paragraph (b) of this subsection (1) to provide the service or, if the provider has agreed, it has not commenced providing the service within fourteen months of the receipt of the request.

Colorado

2017

Colo. Rev. Stat. 29-27-401

Legislative declaration

Category: Other

Topic: Legislative intent

Declares legislative intent that broadband facilities are necessary for ensuring broadband access and economic competitiveness and that this is an issue of statewide concern. Further declares that the most efficient place for small cell facilities is often in public right of way and that access to local government structures is necessary to the construction of wireless facilities.

State Code

(1) The general assembly finds and declares that: (a) The permitting, construction, modification, maintenance, and operation of broadband facilities are critical to ensuring that all citizens in the state have true access to advanced technology and information; (b) These facilities are critical to ensuring that businesses and schools throughout the state remain competitive in the global economy; and (c) The permitting, construction, modification, maintenance, and operation of these facilities, to the extent specifically addressed in this part 4, are declared to be matters of statewide concern and interest. (2) The general assembly further finds and declares that: (a) Small cell facilities often may be deployed most effectively in the public rights-of-way; and (b) Access to local government structures is essential to the construction and maintenance of wireless service facilities or broadband facilities.

Colorado

2017

Colo. Rev. Stat. 29-27-403

Permit - approval - deadline - exception

Category: Infrastructure access

Topic: Permitting

Defines timelines for local permit review process for small cell and wireless facility applications.

State Code

(1) A local government may take up to: (a) Ninety days to process a complete application for:(I) Location or collocation of a small cell facility or a small cell network; or (II) Replacement or modification of a small cell facility or facilities or small cell network. (b) Ninety days to process a complete application that involves a collocation of a tower, building, structure, or replacement structure other than a small cell facility or small cell network; or (c) One hundred fifty days to process a complete application that involves a new structure or a new wireless service facility, other than a small cell facility or small cell network and other than a collocation.

Colorado

2017

Colo. Rev. Stat. 29-27-404

Permit process

Category: Infrastructure access

Topic: Permitting

Pre-empts local control of permitting for small cell and wireless facilities. Requires local governments to allow providers to submit a consolidated application for all facilities to be sited. Further requires that small cell facilities and networks be permitted in any zone.

State Code

(1) (a) For small cell networks involving multiple individual small cell facilities within the jurisdiction of a single local government entity, the local government entity shall allow the applicant, at the applicant's discretion, to file a consolidated application and receive a single permit for the small cell network instead of filing separate applications for each individual small cell facility. (b) For a consolidated application filed pursuant to subsection (1)(a) of this section, each small cell facility within the consolidated application remains subject to review for compliance with objective requirements and approval as provided in this article 27. The local government's denial of any individual small cell facility is not a basis to deny the consolidated application as a whole or any other small cell facility incorporated within the consolidated application. (2) If a wireless service provider applies to locate or collocate several wireless service facilities within the jurisdiction of a single local government entity, the local government entity shall: (a) Allow the applicant, at the applicant's discretion, to file a single set of documents that will apply to all the wireless service facilities to be sited; and (b) Render a decision regarding all the wireless service facilities in a single administrative proceeding, unless local requirements call for an elected or appointed body to render such decision.(3) The siting, mounting, placement, construction, and operation of a small cell facility or a small cell network is a permitted use by right in any zone.

Colorado

2017

Colo. Rev. Stat. 38-5.5-101

Legislative declaration

Category: Other

Topic: Legislative intent

Sets the policy intent to encourage a competitive telecommunications market to provide Coloradans with access to a wider range of services and declares that requiring telecommunications companies to seek authority from all local jurisdictions would be burdensome and that allowing access to public rights or way is in the public interest.

State Code

(1) The general assembly hereby finds, determines, and declares that: (a) The passage of House Bill 95-1335, enacted at the first regular session of the sixtieth general assembly, established a policy within the state to encourage competition among the various telecommunications providers, to reduce the barriers to entry for those providers, to authorize and encourage competition within the local exchange telecommunications market, and to ensure that all consumers benefit from such competition and expansion. (b) The stated goals of House Bill 95-1335 were that all citizens have access to a wider range of telecommunications services at rates that are reasonably comparable within the state, that basic service be available and affordable to all citizens, and that universal access to advanced telecommunications services would be available to all consumers. Such goals are essential to the economic and social well-being of the citizens of Colorado and can be accomplished only if telecommunications providers are allowed to develop ubiquitous, seamless, statewide telecommunications networks. To require telecommunications companies to seek authority from every political subdivision within the state to conduct business is unreasonable, impractical, and unduly burdensome. In addition, the general assembly further finds and declares that since the public rights-of-way are dedicated to and held on a nonproprietary basis in trust for the use of the public, their use by telecommunications companies is consistent with such policy and appropriate for the public good.

Colorado

2017

Colo. Rev. Stat. 38-5.5-103

Use of public highways - discrimination prohibited - content regulation prohibited

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Allows broadband providers to construct and maintain facilities in the right of way of any public highway; requires that local jurisdictions do not discriminate against or grant preference to broadband providers in ordinances or the permitting process related to use of local right of way, or in regulation based on content type.

State Code

(1) (a) Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate conduit, cable, switches, and related appurtenances and facilities, and communications and broadband facilities, including small cell facilities and small cell networks, along, across, upon, above, and under any public highway in this state, subject to this article 5.5 and article 1.5 of title 9. (2) A political subdivision shall not discriminate among or grant a preference to competing telecommunications providers or broadband providers in the issuance of permits or the passage of any ordinance for the use of its rights-of-way, nor create or erect any unreasonable requirements for entry to the rights-of-way for the providers. (3) A political subdivision shall not regulate a telecommunications provider or a broadband provider based upon the content or type of signals that are carried or capable of being carried over the provider's facilities;

Colorado

2017

Colo. Rev. Stat. 38-5.5-104

Right of way across state land

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Grants broadband providers permanent right of way for facilities (including small cell) over, upon, under, and across all state-owned public lands upon payment of just compensation and compliance with reasonable conditions set forth by the Board of Land Commissioners.

State Code

Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate lines of communication, switches, and related facilities, and communications and broadband facilities, including small cell facilities and small cell networks, and obtain a permanent right-of-way for the facilities over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of just compensation and upon compliance with reasonable conditions as the state board of land commissioners may require.

Colorado

2017

Colo. Rev. Stat. 38-5.5-104.5

Use of local government entity structures

Category: Infrastructure access

Topic: Small cell facilities

Allows broadband providers to locate or co-locate small cell facilities or small cell networks on light poles, traffic signals, and utility poles in the local government right of way, except for those with tolling collection or enforcement equipment.

State Code

(1) Except as provided in subsection (2) of this section and subject to the requirements and limitations of this article 5.5, sections 29-27-403 and 29-27-404, and a local government entity's police powers, a telecommunications provider or a broadband provider has the right to locate or collocate small cell facilities or small cell networks on the light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity; except that, a small cell facility or a small cell network shall not be located or mounted on any apparatus, pole, or signal with tolling collection or enforcement equipment attached.

Colorado

2017

Colo. Rev. Stat. 38-5.5-105

Power of companies to contract

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Allows domestic and foreign broadband companies to contract with individuals, corporations, and landowners to obtain right of way for construction, operation, and maintenance.

State Code

Any domestic or foreign telecommunications provider or broadband provider has the power to contract with any individual; corporation; or the owner of any lands, franchise, easement, or interest therein over or under which the provider's conduits; cable; switches; communications or broadband facilities, including small cell facilities and small cell networks; or related appurtenances and facilities are proposed to be laid or created for the right-of-way for the construction, maintenance, and operation of the facilities or for the erection, maintenance, occupation, and operation of offices at suitable distances for the public accommodation.

Colorado

2017

Colo. Rev. Stat. 38-5.5-106

Consent necessary for use of streets

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Requires broadband providers to obtain consent of local jurisdictions to construct facilities along, through, in, upon, under, or over any public highway. Prohibits local jurisdictions from creating preference or disadvantage for a broadband provider by withholding consent to construct facilities.

State Code

(b) A political subdivision shall not create any preference or disadvantage through the granting or withholding of its consent. A political subdivision's decision that a vertical structure in the right-of-way, including a vertical structure owned by a municipality, lacks space or load capacity for communications or broadband facilities, or that the number of additional vertical structures in the rights-of-way should be reasonably limited, consistent with protection of public health, safety, and welfare, does not create a preference for or disadvantage any telecommunications provider or broadband provider, provided that such decision does not have the effect of prohibiting a provider's ability to provide service within the service area of the proposed facility.

Colorado

2017

Colo. Rev. Stat. 38-5.5-107

Permissible taxes, fees, and charges

Category: Infrastructure access

Topic: Permitting

Requires that all fees and charges levied by local jurisdictions be reasonably related to the direct costs of granting or administering permits. Further requires that all taxes, fees, and charges be competitively neutral.

State Code

All fees and charges levied by a political subdivision shall be reasonably related to the costs directly incurred by the political subdivision in providing services relating to the granting or administration of permits. Such fees and charges also shall be reasonably related in time to the occurrence of such costs. In any controversy concerning the appropriateness of a fee or charge, the political subdivision shall have the burden of proving that the fee or charge is reasonably related to the direct costs incurred by the political subdivision. All costs of construction shall be borne by the telecommunications provider or broadband provider. (2) (a) Any tax, fee, or charge imposed by a political subdivision shall be competitively neutral among telecommunications providers and broadband providers.

Colorado

2017

Colo. Rev. Stat. 38-5.5-108

Pole attachment agreements - limitations on required payments

Category: Infrastructure access

Topic: Pole attachments

Prevents municipalities and municipal utilities from receiving payments larger than the fees that would be allowed under 47 U.S.C. § 224 to attach small cell and broadband facilities to poles or structures in the right of way. Further prohibits municipalities from receiving in-kind payment.

State Code

(1) Neither a local government entity nor a municipally owned utility shall request or receive from a telecommunications provider, broadband provider, or cable television provider, as defined in section 602 (5) of the federal "Cable Communications Policy Act of 1984", in exchange for permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures in a right-of-way, any payment in excess of the amount that would be authorized if the local government entity or municipally owned utility were regulated pursuant to 47 U.S.C. sec. 224, as amended. (2) A municipality shall not request or receive from a telecommunications provider or a broadband provider, in exchange for or as a condition upon a grant of permission to attach telecommunications or broadband devices to poles, any in-kind payment.

Colorado

2014

Colo. Rev. Stat. 38-5.5-109

Notice of trenching - permitted access

Category: Infrastructure access

Topic: Right of way (Dig once)

Requires state and local entities to provide broadband providers with notice of utility trenching projects on a competitively neutral basis at least 10 days before the start of the project to allow broadband providers to place facilities. Allows the state or local entity to share construction costs with the broadband provider. Does not pre-empt local requirements for joint trenching.

State Code

(1) (a) The state or a political subdivision shall provide notice on a competitively neutral basis to broadband providers of any utility trenching project that it conducts, but notice is not required for emergency repair projects. The state or political subdivision shall provide the notice a minimum of ten business days prior to the start of the project involving trenching. (b) The department of transportation shall maintain a public list of all broadband providers that would like to receive notice of a utility trenching project and the providers' addresses on the website it maintains. To be eligible to receive notice under paragraph (a) of this subsection (1), a broadband provider must request the department of transportation to be included in the department list. A political subdivision may rely on the department list when making its notifications, and such notifications may be made by electronic mail. (2) (a) For any trenching project conducted by the state or a political subdivision, the state or political subdivision shall allow joint trenching by broadband providers on a nonexclusive and nondiscriminatory basis for the placement of broadband facilities, except as set forth in paragraph (b) of this subsection (2). This subsection (2) does not limit the ability of the state, political subdivision, or any private entity to share the costs of construction related to the trenching project with the broadband provider.

Colorado

2014

Colo. Rev. Stat. 39-26-129

Refund for property used in rural broadband service - legislative declaration - definitions

Category: Funding and financing

Topic: Tax incentives

Allows broadband providers to get a refund on state sales and use tax paid for broadband equipment.

State Code

(1) The general assembly declares that the intended purpose of the tax refund created in this section is to encourage broadband providers to deploy broadband infrastructure in rural areas of the state.(2) As used in this section, unless the context otherwise requires:(a) "Broadband provider" means a person that provides broadband service.(b) "Broadband service" means any communications service having the capacity to transmit data to enable a subscriber to the service to originate and receive high-quality voice, data, graphics, and video at Speed of at least four megabits per second for download and one megabit per second for upload or the federal communications commission's definition of broadband service, whichever is faster.(c) "Target area" means the unincorporated part of a county or a municipality with a population of less than thirty thousand people, according to the most recently available population statistics of the United States bureau of the census.(3) Except as provided in subsection (5) of this section, for the calendar year commencing January 1, 2014, and for each calendar year thereafter, a broadband provider is allowed to claim a refund of all the state sales and use tax the provider pays pursuant to parts 1 and 2 of this article for tangible personal property that is installed in a target area for the provision of broadband service.

Colorado

2018

Colo. Rev. Stat. 40-15-102

Definitions (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (As defined by FCC or U.S. Code)

Defines broadband network as the network technologies used to provide service at Speed of 10 megabits per second (Mbps) download and 1 Mbps upload or the Federal Communications Commission definition (whichever is faster), with sufficiently low latency to support real-time communications and with no usage limits or with limits comparable to those in urban areas.

State Code

(3.7) "Broadband network" means the plant, equipment, components, facilities, hardware, and software used to provide broadband internet service at measurable Speed of at least ten megabits per second downstream and one megabit per second upstream or at measurable speeds at least equal to the federal communications commission's definition of high-speed internet access or broadband, whichever is faster, with:(a) Sufficiently low latency to enable the use of real-time communications, including voice-over-internet-protocol service; and(b) Either no usage limits or usage limits that are reasonably comparable to those found in urban areas for the same technology.

Colorado

2018

Colo. Rev. Stat. 40-15-102

Definitions (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (As defined by FCC or U.S. Code)

Defines broadband as internet service provided over a broadband network and defines broadband network as equipment that either allows 10 megabits per second (Mbps) download and 1 Mbps upload speeds or meets the Federal Communications Commission's definition of broadband, whichever is faster.

State Code

(3.3) "Broadband" or "broadband service" means broadband internet service provided over a broadband network.(3.5) "Broadband internet service" means a retail service that transmits and receives data from the customer's property or determined point of presence to substantially all internet endpoints. The term includes any capabilities that are incidental to and enable the operation of the broadband service.(3.7) "Broadband network" means the plant, equipment, components, facilities, hardware, and software used to provide broadband internet service at measurable Speed of at least ten megabits per second downstream and one megabit per second upstream or at measurable speeds at least equal to the federal communications commission's definition of high-speed internet access or broadband, whichever is faster, with:(a) Sufficiently low latency to enable the use of real-time communications, including voice-over-internet-protocol service; and(b) Either no usage limits or usage limits that are reasonably comparable to those found in urban areas for the same technology.

Colorado

2018

Colo. Rev. Stat. 40-15-102

Definitions (Definition - Unserved)

Category: Definitions

Topic: Definition - Unserved

Defines unserved areas as either areas outside municipal boundaries or cities with fewer than 7,500 people that lack access to at least one satellite and one nonsatellite provider, and as highway corridors lacking broadband network access.

State Code

(a) "Unserved area" means an area of the state that:(I) Lies outside of municipal boundaries or is a city with a population of fewer than seven thousand five hundred inhabitants; and(II) Consists of households that lack access to at least one provider of a broadband network that uses satellite technology and at least one provider of a broadband network that uses nonsatellite technology. (b) "Unserved area" also means any portion of a state or interstate highway corridor that lacks access to a provider of a broadband network.

Colorado

2018

Colo. Rev. Stat. 40-15-208

High-cost support mechanism—Colorado high cost administration fund - creation - purpose - operation—rules - report - repeal

Category: Funding and financing

Topic: State Universal Service Fund (High Cost Support)

Establishes the high-cost support mechanism to support universal service, including providing broadband to unserved areas. Establishes a high-cost administration fund to support the mechanism.

State Code

(2) (a) (I) The commission is hereby authorized to establish a mechanism for the support of universal service, also referred to in this section as the "high cost support mechanism", which must operate in accordance with rules adopted by the commission. The primary purpose of the high cost support mechanism is to provide financial assistance as a support mechanism to:(A) Help make basic local exchange service affordable and allow for reimbursement to providers, as specified in subsections (2)(a)(IV) and (4) of this section; and(B) Provide access to broadband service in unserved areas pursuant to this section and section 40-15-509.5 only.(II) The high cost support mechanism shall be supported through a neutral assessment on all telecommunications providers in Colorado. (3) (a) There is hereby created, in the state treasury, the Colorado high cost administration fund, referred to in this section as the "fund", which shall be used to reimburse the commission and its contractors for reasonable expenses incurred in the administration of the high cost support mechanism, including administrative costs incurred in association with broadband service, as determined by rules of the commission. The general assembly shall appropriate annually the money in the fund that is to be used for the direct and indirect administrative costs incurred by the commission and its contractors. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund.

Colorado

2019

Colo. Rev. Stat. 40-15-209

Net neutrality conditions for internet service providers to receive high cost support mechanism money - definitions

Category: Competition and regulation

Topic: Net neutrality

Prohibits all broadband providers who receive funding through the High Cost Support Mechanism or any other state fund from blocking lawful internet content, engaging in paid prioritization, selectively throttling internet content, or failing to disclose its network management practices. Requires noncompliant providers to refund any state funding they have received.

State Code

(1) Except as provided in subsection (3) of this section, an internet service provider that is otherwise eligible to receive money through a grant from the broadband deployment board pursuant to section 40-15-509.5 or through any state fund established to help finance broadband deployment is not eligible to receive that money if the internet service provider: (a) blocks any lawful internet content, applications, services, or devices unless the blocking is conducted in a manner consistent with reasonable network management practices; (b) engages in paid prioritization of internet content; (c) regulates network traffic by throttling bandwidth or otherwise impairs or degrades lawful internet traffic on the basis of internet content, application, service, or use of a nonharmful device unless the impairment or degradation results solely from the evenhanded application of reasonable network management practices; or (d) fails or refuses to disclose, subject to reasonable conditions to protect proprietary information, its network management practices.

Colorado

2014

Colo. Rev. Stat. 40-15-502

Expressions of state policy

Category: Other

Topic: Legislative intent

Acknowledges the goal of universal access to advanced service and directs the Public Utilities Commission (PUC) to evaluate opening the local exchange market or additional support mechanisms to support this goal. Further directs the PUC to create support mechanisms for high-cost areas to be funded through assessments on telecommunications providers.

State Code

(4) Universal access to advanced service. The general assembly acknowledges the goal of universal access to advanced service to all citizens of this state. The commission shall consider the impact of opening entry to the local exchange market and shall determine whether additional support mechanisms may be necessary to promote this goal if competition for local exchange services fails to deliver advanced services in all areas of the state.(5) Universal service support mechanisms. (a) In order to accomplish the goals of universal basic service, universal access to advanced service under section 40-15-509.5, and any revision of the definition of basic service under subsection (2) of this section, the commission shall create a system of support mechanisms to assist in the provision of basic service and advanced service in high-cost areas. The commission shall fund these support mechanisms equitably and on a nondiscriminatory, competitively neutral basis through assessments, which may include a rate element, on all telecommunications providers in Colorado.

Colorado

2016

Colo. Rev. Stat. 40-15-509.5

Broadband service, report, broadband deployment board, broadband administrative fund, creation, definitions, repeal (Task force)

Category: Broadband programs

Topic: Task force

Establishes the broadband deployment board to implement and administer broadband deployment in underserved areas. Defines its composition and responsibilities, including criteria for assessing project applications.

State Code

(5) (a) There is hereby created in the department of regulatory agencies the broadband deployment board, referred to in this section as the "board". The board is an independent board created to implement and administer the deployment of broadband service in unserved areas. The department of regulatory agencies shall staff the board. The board has the powers and duties specified in this section.(

Colorado

2016

Colo. Rev. Stat. 40-15-509.5

Broadband service - report - broadband deployment board - broadband administrative fund - creation - definitions - repeal (Fund)

Category: Funding and financing

Topic: Fund

Establishes a broadband fund, with funding allocated through the Colorado high-cost support mechanism, to deploy broadband in underserved areas. Broadband deployment can be funded through a high-cost support mechanism surcharge.

State Code

(2) The general assembly hereby finds, determines, and declares that to promote the state policy of providing universal access to broadband service, as set forth in section 40-15-502 (4), it may be necessary to provide financial assistance through additional support mechanisms if competition for local exchange services fails to deliver broadband service throughout the state. "Advanced service" includes "broadband service" for purposes of this section only.(3) The commission may allocate the Colorado high cost support mechanism, established under section 40-15-208 and referred to in this section as the "HCSM", for the deployment of broadband service in unserved areas of the state pursuant to this section and section 40-15-208 only. The commission may fund the deployment of broadband service in unserved areas of the state through use of the HCSM surcharge and surcharge rate in effect on January 1, 2018. Pursuant to subsection (4) of this section and consistent with sections 40-15-207 and 40-15-208, the commission shall determine funds available for broadband deployment and the administration of the board as prescribed in section 40-15-208 or from the HCSM money that it determines is no longer required by the HCSM to support universal basic service through an effective competition determination. The money available for broadband deployment shall be maintained by the HCSM third-party contractor and held in a separate account from money used for basic voice service.

Colorado

2019

Colo. Rev. Stat. 40-15-601 et seq.

Electric easements - commercial broadband service - broadband affiliates - notice required

Category: Infrastructure access

Topic: Right of way (Easements)

Allows electric utilities to use existing easements for electric infrastructure for broadband infrastructure as well, either leasing or granting access to the infrastructure to a broadband affiliate or a third-party broadband provider, without obtaining a new easement. Requires utilities to provide at least 30 days' notice to landowners before exercising this right. Prohibits an electric utility from charging discriminatory fees for different providers when leasing out access to easements. Also prohibits them from discriminating between different providers, favoring their own broadband affiliates, charging unreasonable fees, withholding authorization, or causing unnecessary delays when leasing access to poles. Prohibits an electric utility from providing retail broadband service. Electric utilities may create affiliates to provide broadband service but must treat them as a separate line of business, with no cross-subsidization or favorable treatment.

State Code

(1) With regard to real property subject to an electric easement, if an electric utility, or any commercial broadband supplier designated by the electric utility to act on its behalf, complies with the notice and filing requirements set forth in subsection (2) of this section, the electric utility holding the electric easement may, subject to subsection (4) of this section and without the consent of an interest holder in the real property subject to the electric easement, take the following actions to the extent not already permitted by the electric easement: (a) install, maintain, or own, or permit any commercial broadband supplier, including a broadband affiliate, to install, maintain, or own, an attached facility for operation by a commercial broadband supplier, including a broadband affiliate, in providing commercial broadband service; and (b) lease or otherwise provide to a commercial broadband supplier, including a broadband affiliate, any excess capacity of attached facilities for purposes of providing commercial broadband service. … (1) An electric utility that exercises any rights under section 40-15-602 (1)(a) or (1)(b) for the provision of commercial broadband service shall: (a) not discriminate among commercial broadband suppliers, including broadband affiliates, in offering or granting rights to install or attach any attached facilities; or (b) charge fees that are nondiscriminatory among commercial broadband suppliers for a substantially similar lease or use of the capacity of attached facilities owned or controlled by the electric utility, but only to the extent an electric utility chooses, in its sole discretion, to offer the lease or use to a particular commercial broadband supplier. … (5) An electric utility shall not directly provide retail commercial broadband service but may cause or allow a broadband affiliate to offer retail commercial broadband service. As long as an electric utility maintains its exclusive right to provide electric service to customers within its exclusive service territory, both the electric utility that has a broadband affiliate and the broadband affiliate shall: (a) maintain or cause to be maintained an accounting system for the broadband affiliate separate from the electric utility's accounting system, using generally accepted accounting principles or another reasonable and customary allocation method

Connecticut

2015

Conn. Gen. Stat. 16-2a (c)

Office of Consumer Counsel, Office of State Broadband, consumer counsel, staff

Category: Broadband programs

Topic: Office

Establishes an Office of State Broadband within the Office of Consumer Counsel to facilitate broadband access to Connecticut residents and to increase both access to and adoption of gigabit service. Authorizes the Office of Consumer Counsel to work collaboratively with public and nonprofit entities and other state agencies and to provide advisory assistance to local governments and private corporations to expand broadband access. Defines the role of broadband policy coordinator and allows the consumer counsel to provide other staff as necessary.

State Code

(c) There shall be established an Office of State Broadband within the Office of Consumer Counsel. The Office of State Broadband shall work to facilitate the availability of broadband access to every state citizen and to increase access to and the adoption of ultra-high-speed gigabit capable broadband networks. The Office of Consumer Counsel may work in collaboration with public and nonprofit entities and state agencies, and may provide advisory assistance to municipalities, local authorities and private corporations for the purpose of maximizing opportunities for the expansion of broadband access in the state and fostering innovative approaches to broadband in the state, including the procurement of grants for such purpose. The Office of State Broadband shall include a Broadband Policy Coordinator and such other staff as the Consumer Counsel deems necessary to perform the duties of the Office of State Broadband.

Connecticut

2016

Conn. Gen. Stat. 32-39l

Planning grants-in-aid, innovation place designation

Category: Broadband programs

Topic: Promotional

Addresses the requirements for an application for an innovation place designation, including a master plan. The plan can cite improvement of technology infrastructure, including broadband.

State Code

(2) A master plan may include, but shall not be limited to, (A) plans for: (i) Attracting and directing support to start-up and growth stage businesses; (ii) development, in collaboration with private partners, of a business incubator, coworking space, business accelerator or public meeting space; (iii) events and community building; (iv) marketing and outreach; (v) open space improvement; (vi) housing development; (vii) improvement of technology infrastructure, including, but not limited to, broadband improvement; (viii) bicycle paths; and (ix) attracting anchor institutions, and (B) community letters of support from persons or entities other than the applicant.

Connecticut

no date

Conn. Gen. Stat. 7-536

Definitions, allocation of funds, projects, formulas, applications for funds, criteria for review of applications, use of funds

Category: Funding and financing

Topic: Fund - Other (Economic Development and Infrastructure)

Defines local capital improvement project to include activities related to planning a municipal broadband network for purposes of the Local Capital Improvement Fund.

State Code

(4) "Local capital improvement project" means a municipal capital expenditure project for any of the following purposes: (A) Road construction, renovation, repair or resurfacing, (B) sidewalk and pavement improvements, (C) construction, renovation, enlargement or repair of sewage treatment plants and sanitary or storm, water or sewer lines, including separation of lines, (D) public building construction other than schools, including renovation, repair, code compliance, energy conservation and fire safety projects, (E) construction, renovation, enlargement or repair of dams, bridges and flood control projects, (F) construction, renovation, enlargement or repair of water treatment or filtration plants and water mains, (G) construction, renovation or enlargement of solid waste facilities, (H) improvements to public parks, (I) the preparation and revision of local capital improvement plans projected for a period of not less than five years and so prepared as to show the general description, need and estimated cost of each individual capital improvement, (J) improvements to emergency communications systems and building security systems, including for schools, (K) public housing projects, including renovations and improvements and energy conservation and the development of additional housing, (L) renovations to or construction of veterans' memorial monuments, (M) thermal imaging systems, (N) bulky waste and landfill projects, (O) the preparation and revision of municipal plans of conservation and development adopted pursuant to section 8-23, provided such plans are endorsed by the legislative body of the municipality not more than one hundred eighty days after adoption by the commission, (P) acquisition of automatic external defibrillators, (Q) floodplain management and hazard mitigation activities, (R) on-board oil refining systems consisting of a filtration canister and evaporation canister that remove solid and liquid contaminants from lubricating oil, (S) activities related to the planning of a municipal broadband network, provided the speed of the network shall be not less than three hundred eighty-four thousand bits per second, (T) establishment of bikeways and greenways, (U) land acquisition, including for open space, and costs involved in making land available for public uses, (V) acquisition of technology related to implementation of the Department of Education's common core state standards, (W) technology upgrades, including for improvements to expand public access to government information through electronic portals and kiosks, and (X) for the fiscal years ending June 30, 2013, and June 30, 2014, acquisition of snow removal equipment, capital expenditures made to improve public safety, and capital expenditures made to facilitate regional cooperation. "Local capital improvement project" means only capital expenditures and includes repairs incident to reconstruction and renovation but does not include ordinary repairs and maintenance of an ongoing nature. As used in this subdivision, "floodplain management" and "hazard mitigation" have the same meanings as provided in section 25-68j;

Connecticut

2019

PA 19-163

An Act Accelerating the Deployment of 5G Wireless facilities

Category: Broadband programs

Topic: Task force

Creates a Council on 5G Technology, which approves requests from small cell providers to access state property to deploy small cell. Also requires the Office of Policy and Management to work with communities and providers to encourage the establishment of streamlined processes for small cell deployment.

State Code

(b) There shall be a Council on 5G Technology. The council shall consist of the following members or their designees: (1) One employee of the office of the Governor, designated by the Governor; (2) the Secretary of the Office of Policy and Management; (3) the Commissioner of Administrative Services; (4) the Commissioner of Transportation; (5) the Commissioner of Energy and Environmental Protection; (6) the president of The University of Connecticut; and (7) the president of the Connecticut State Colleges and Universities. (c) The council shall adopt guidelines for (1) its operations; and (2) the determinations it makes pursuant to subdivision (2) of subsection (d) of this section, which shall include, but not be limited to, guidelines concerning the safe placement of personal wireless service facilities and small wireless facilities, the protection of open space land when reviewing for use of state real properties submitted in accordance with subdivision (1) of subsection (d) of this section and extensions of time for a determination by the council. The adoption of such guidelines shall not be subject to chapter 54 of the general statutes. (d) (1) A wireless carrier or permitted entity may request to use state real properties for the placement, construction, maintenance and operation of personal wireless service facilities and small wireless facilities in accordance with this subsection. A request for the use of state real properties shall be submitted to the council using the common form developed pursuant to subsection (g) of this section.

Delaware

2017

Del. Code tit. 17, 1601 et seq.

Advanced Wireless Infrastructure Investment Act

Category: Infrastructure access

Topic: Small cell facilities

Addresses access to state right of way for small cell deployment. Does not allow the Department of Transportation to charge wireless providers an application fee or fee for using the right of way for constructing, installing, or maintaining a wireless facility or small wireless support structure. But it does require the wireless provider to pay the actual costs borne by the Department of Transportation in administering the program (including permitting and inspections). These fees cannot exceed $100 per small cell facility on a permit application.

Defines allowable conditions and requirements of co-location within the right of way, including co-locating facilities wherever possible. Defines conditions of use and occupancy agreements, including that they protect the safety of travelers on roadways, do not unreasonably interfere with existing public uses, and are competitively neutral and nondiscriminatory. Allows the Department of Transportation to require providers to relocate wireless facilities at its expense.

Addresses permitting requirements, including review and approval timelines. Applications are deemed approved if the Department of Transportation does not approve or deny them within 60 days. Allows the Department of Transportation to require the provider to repair damage caused to the right of way because of its work.

State Code

The General Assembly finds and declares as follows: (1) To foster economic development in this State, responsible and reasonable investment in and development of wireless communications systems employing advanced technology shall be encouraged as an integral part of the State's infrastructure. (2) The design, engineering, permitting, construction, modification, maintenance, and operation of wireless facilities are instrumental to the provision of emergency services, and to increasing access to advanced technology and information for the citizens of Delaware. (3) The Department of Transportation in accordance with § 131(a) of this title is responsible for the absolute care, management and control of the state rights-of-way. (4) Wireless services providers and wireless infrastructure providers are not public utilities under § 102(2) of Title 26, but need access to the state rights-of-way and the ability to attach to poles and structures in the state rights-of-way to densify their networks and provide next generation services subject to the same policies and procedures as public utilities for accommodation in the state rights-of-way. (5) Small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, often may be deployed most effectively in the state rights-of-way. (6) Accordingly, expeditious processes and reasonable and nondiscriminatory rates and terms related to such deployments are essential to the construction and maintenance of wireless facilities. (7) Wireless facilities help ensure the State remains competitive in the global economy. (8) The timely design, engineering, permitting, construction, modification, maintenance, and operation of wireless facilities are declared to be matters of statewide concern and interest.

Delaware

2014

Del. Code tit. 26, 115

Public policy, regulatory assessment, definition of revenue, returns, collection of assessment

Category: Funding and financing

Topic: Fund

Created a fee in lieu of the regulatory assessment imposed under Del. Code tit. 26, 115, and required service providers to pay an assessment to the Delaware Broadband Fund for a specified time, ending Jan. 30, 2016. After that date, the obligation to make payments under Section 115 or this title ceased.

State Code

(h) In lieu of the regulatory assessment imposed under this section, a telecommunications service provider shall pay an assessment into the Delaware Broadband Fund. On August 1, 2013, the telecommunications service provider shall pay into the fund 1/2 of the amount of its 2011 regulatory assessment in lieu of the amounts due under this section for the period January 1, 2013, through June 2013 and shall continue making payments into the Fund in lieu of any amounts due under this section for an additional 3 years beginning on January 30, 2014, and ending on January 30, 2016, in an amount equal to the regulatory assessment for the year 2011, after which time the obligation under subsections (a)-(g) of this section or to make payments under this subsection shall cease.

Delaware

2013

Del. Code tit. 26, 709

Delaware Broadband Fund

Category: Funding and financing

Topic: Fund

Created the Delaware Broadband Fund, administered by the secretary of the Department of Technology, to support broadband services in Delaware schools and public libraries and to support rural broadband initiatives in underserved areas. Required the secretary to create a plan for distributing monies in the fund and required that all funds be distributed by July 1, 2018.

State Code

(a) The State shall create a fund designated as the "Delaware Broadband Fund'' (the "Fund'') to be used to support and enhance broadband services in the State's public schools and public libraries and for rural broadband initiatives in unserved areas of the State. (b) The Fund shall be administered by the Secretary of the Department of Technology and Information. The Secretary shall develop a plan to carry out the purposes of subsection (a) of this section and, after concurrence of the Controller General and Director of the Office of Management and Budget, may distribute moneys from the Fund to implement such plan. (c) All moneys in the Fund shall be distributed by July 1, 2018, and the Fund shall terminate at that time.

Delaware

2013

Del. Code tit. 26, 710

Regulatory assessment

Category: Funding and financing

Topic: Fund

Created a fee in lieu of the regulatory assessment imposed under Del. Code tit. 26, 115, and required service providers to pay an assessment into the Delaware Broadband Fund for a specified time, ending Jan. 30, 2016, after which time the obligation to make payments under Section 115 or this title ceased.

State Code

In lieu of the regulatory assessment imposed under § 115 of this title, a service provider shall pay an assessment into the Delaware Broadband Fund. On August 1, 2013, the service provider shall pay into the fund 1/2 of the amount of its 2011 regulatory assessment in lieu of the amounts due under § 115 of this title for the period January 1, 2013, through June 2013 and shall continue making payments into the Fund in lieu of any amounts due under § 115 of this title for an additional 3 years beginning on January 30, 2014, and ending on January 30, 2016, in an amount equal to the regulatory assessment for the year 2011, after which time the obligation under § 115 of this title or to make payments under this section shall cease.

Florida

no date

Fla. Stat. 1011.62(12)

Florida Digital Classroom Allocation

Category: Funding and financing

Topic: State Universal Service Fund (Schools and Libraries)

Creates the Florida Digital Classroom Allocation, which provides money to schools for educational technology, including expenses that qualify for E-rate.

State Code

(a) The Florida digital classrooms allocation is created to support the efforts of school districts and schools, including charter schools, to integrate technology in classroom teaching and learning to ensure students have access to high-quality electronic and digital instructional materials and resources, and empower classroom teachers to help their students succeed. Each school district shall receive a minimum digital classrooms allocation in the amount provided in the General Appropriations Act. The remaining balance of the digital classrooms allocation shall be allocated based on each school district_��s proportionate share of the state_��s total unweighted full-time equivalent student enrollment. (b) Funds allocated under this subsection must be used for costs associated with: 1. Acquiring and maintaining the items on the eligible services list authorized by the Universal Service Administrative Company for the Schools and Libraries Program, more commonly referred to as the federal E-rate program.

Florida

2017

Fla. Stat. 337.401

Use of right of way for utilities subject to regulation; permit; fees (Right of way)

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Addresses right of way access for communications service providers across, on, or within the limits or any road or publicly owned rail corridors. Addresses allowable rules and fees.

State Code

(1)(a) The department and local governmental entities, referred to in this section and in ss. 337.402, 337.403, and 337.404 as the “authority,” that have jurisdiction and control of public roads or publicly owned rail corridors are authorized to prescribe and enforce reasonable rules or regulations with reference to the placing and maintaining across, on, or within the right-of-way limits of any road or publicly owned rail corridors under their respective jurisdictions any electric transmission, voice, telegraph, data, or other communications services lines or wireless facilities; pole lines; poles; railways; ditches; sewers; water, heat, or gas mains; pipelines; fences; gasoline tanks and pumps; or other structures referred to in this section and in ss. 337.402, 337.403, and 337.404 as the “utility.” The department may enter into a permit-delegation agreement with a governmental entity if issuance of a permit is based on requirements that the department finds will ensure the safety and integrity of facilities of the Department of Transportation; however, the permit-delegation agreement does not apply to facilities of electric utilities as defined in s. 366.02(2). (b) For aerial and underground electric utility transmission lines designed to operate at 69 or more kilovolts that are needed to accommodate the additional electrical transfer capacity on the transmission grid resulting from new base-load generating facilities, the department’s rules shall provide for placement of and access to such transmission lines adjacent to and within the right-of-way of any department-controlled public roads, including longitudinally within limited access facilities where there is no other practicable alternative available, to the greatest extent allowed by federal law, if compliance with the standards established by such rules is achieved. Without limiting or conditioning the department’s jurisdiction or authority described in paragraph (a), with respect to limited access right-of-way, such rules may include, but need not be limited to, that the use of the right-of-way for longitudinal placement of electric utility transmission lines is reasonable based upon a consideration of economic and environmental factors, including, without limitation, other practicable alternative alignments, utility corridors and easements, impacts on adjacent property owners, and minimum clear zones and other safety standards, and further provide that placement of the electric utility transmission lines within the department’s right-of-way does not interfere with operational requirements of the transportation facility or planned or potential future expansion of such transportation facility. If the department approves longitudinal placement of electric utility transmission lines in limited access facilities, compensation for the use of the right-of-way is required. Such consideration or compensation paid by the electric utility in connection with the department’s issuance of a permit does not create any property right in the department’s property regardless of the amount of consideration paid or the improvements constructed on the property by the utility. Upon notice by the department that the property is needed for expansion or improvement of the transportation facility, the electric utility transmission line will be removed or relocated at the electric utility’s sole expense. The electric utility shall pay to the department reasonable damages resulting from the utility’s failure or refusal to timely remove or relocate its transmission lines. The rules to be adopted by the department may also address the compensation methodology and removal or relocation. As used in this subsection, the term “base-load generating facilities” means electric power plants that are certified under part II of chapter 403.

Florida

2017

Fla. Stat. 337.401

Use of right of way for utilities subject to regulation; permit; fees (Small cell facilities)

Category: Infrastructure access

Topic: Small cell facilities

Addresses small cell facilities. States that counties and municipalities cannot prohibit, regulate, or charge a fee for the co-location of small wireless facilities in the public right of way. Prohibits counties and municipalities from requiring unrelated services, including in-kind contributions, for co-location. Addresses utility pole placement and height. Sets application timelines and deems the application complete if the county or municipality does not notify the applicant that it is incomplete within 14 days and deemed approved if the applicant is not notified of approval or denial within 60 days. Allows consolidated applications for up to 30 small cell facilities on a single permit. Outlines allowable reasons for denying a permit, including interfering with traffic and failing to comply with the Americans With Disabilities Act, the 2010 Florida Department of Transportation Utility Accommodation Manual, or applicable codes. Sets attachment rate for co-locating a small wireless facility at a rate not to exceed $150 per pole per year. Addresses historic preservation and local authority to enforce historic preservation zoning regulations for designated historic areas. Does not allow co-location of small cell facilities in the right of way within a retirement community or on a coastal barrier island.

State Code

This subsection may be cited as the “Advanced Wireless Infrastructure Deployment Act.” … (c) Except as provided in this subsection, an authority may not prohibit, regulate, or charge for the collocation of small wireless facilities in the public rights-of-way.

(d) An authority may require a registration process and permit fees in accordance with subsection (3). An authority shall accept applications for permits and shall process and issue permits subject to the following requirements:

1. An authority may not directly or indirectly require an applicant to perform services unrelated to the collocation for which approval is sought, such as in-kind contributions to the authority, including reserving fiber, conduit, or pole space for the authority.

2. An applicant may not be required to provide more information to obtain a permit than is necessary to demonstrate the applicant’s compliance with applicable codes for the placement of small wireless facilities in the locations identified the application.

3. An authority may not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole.

4. An authority may not limit the placement of small wireless facilities by minimum separation distances.

Florida

2019

Fla. Stat. 338.2278

Multi-use Corridors of Regional Economic Significance Program._��

Category: Other

Topic: Other

Creates the Multi-Use Corridors of Regional Economic Significance program, which aims to construct regional corridors capable of accommodating multiple modes of transportation and other infrastructure types. Broadband is one of the project types that can receive grants.

State Code

(1) There is created within the department the Multi-use Corridors of Regional Economic Significance Program. The purpose of the program is to revitalize rural communities, encourage job creation, and provide regional connectivity while leveraging technology, enhancing quality of life and public safety, and protecting the environment and natural resources. The objective of the program is to advance the construction of regional corridors that are intended to accommodate multiple modes of transportation and multiple types of infrastructure. The intended benefits of the program include, but are not limited to, addressing issues such as: … (d) Broadband, water, and sewer connectivity.

Florida

no date

Fla. Stat. 350.81

Communications services offered by governmental entities (Municipal broadband)

Category: Competition and regulation

Topic: Municipal broadband

Addresses requirements for governmental entities proposing to provide communications services (including advanced services), including holding two public hearings at least 30 days apart for which notice of the first hearing is provided at least 30 days in advance in the predominant newspaper in the area. Defines requirements for what must be considered at the public hearings, including whether and to what extent similar service is offered in the community, capital and operating expenditures, and public and private benefits of the service. A business plan must be made available at one or more of the hearings, and the service must be authorized by majority vote and a formal means of adoption. Places limits on bonding authority. Prohibits cross-subsidization of communications services and requires that separate operating and capital budgets be adopted for these services. Requires the governmental entity to apply its policies in a nondiscriminatory manner that does not favor its own operations, including access to right of way and permitting.

State Code

(2)(a) A governmental entity that proposes to provide a communications service shall hold no less than two public hearings, which shall be held not less than 30 days apart. At least 30 days before the first of the two public hearings, the governmental entity must give notice of the hearing in the predominant newspaper of general circulation in the area considered for service. At least 40 days before the first public hearing, the governmental entity must electronically provide notice to the Department of Revenue and the Public Service Commission, which shall post the notice on the department’s and the commission’s website to be available to the public. The Department of Revenue shall also send the notice by United States Postal Service to the known addresses for all dealers of communications services registered with the department under chapter 202 or provide an electronic notification, if the means are available, within 10 days after receiving the notice. The notice must include the time and place of the hearings and must state that the purpose of the hearings is to consider whether the governmental entity will provide communications services. The notice must include, at a minimum, the geographic areas proposed to be served by the governmental entity and the services, if any, which the governmental entity believes are not currently being adequately provided. The notice must also state that any dealer who wishes to do so may appear and be heard at the public hearings. (b) At a public hearing required by this subsection, a governmental entity must, at a minimum, consider: 1. Whether the service that is proposed to be provided is currently being offered in the community and, if so, whether the service is generally available throughout the community. 2. Whether a similar service is currently being offered in the community and, if so, whether the service is generally available throughout the community. 3. If the same or similar service is not currently offered, whether any other service provider proposes to offer the same or a similar service and, if so, what assurances that service provider is willing or able to offer regarding the same or similar service. 4. The capital investment required by the government entity to provide the communications service, the estimated realistic cost of operation and maintenance and, using a full cost-accounting method, the estimated realistic revenues and expenses of providing the service and the proposed method of financing.5. The private and public costs and benefits of providing the service by a private entity or a governmental entity, including the affect on existing and future jobs, actual economic development prospects, tax-base growth, education, and public health. (c) At one or more of the public hearings under this subsection, the governmental entity must make available to the public a written business plan for the proposed communications service venture containing, at a minimum: 1. The projected number of subscribers to be served by the venture. 2. The geographic area to be served by the venture. 3. The types of communications services to be provided. 4. A plan to ensure that revenues exceed operating expenses and payment of principal and interest on debt within 4 years. 5. Estimated capital and operational costs and revenues for the first 4 years. 6. Projected network modernization and technological upgrade plans, including estimated costs. (d) After making specific findings regarding the factors in paragraphs (b) and (c), the governmental entity may authorize providing a communications service by a majority recorded vote and by resolution, ordinance, or other formal means of adoption. (e) The governing body of a governmental entity may issue one or more bonds to finance the capital costs for facilities to provide a communications service. However: 1. A governmental entity may only pledge revenues in support of the issuance of any bond to finance providing a communications service: a. Within the county in which the governmental entity is located; b. Within an area in which the governmental entity provides electric service outside its home county under an electric service territorial agreement approved by the Public Service Commission before the effective date of this act; or c. If the governmental entity is a municipality or special district, within its corporate limits or in an area in which the municipality or special district provides water, wastewater, electric, or natural gas service, or within an urban service area designated in a comprehensive plan, whichever is larger, unless the municipality or special district obtains the consent by formal action of the governmental entity within the boundaries of which the municipality or special district proposes to provide service. For consent to be effective, any governmental entity from which consent is sought shall be located within the county in which the governmental entity is located or that county. 2. Revenue bonds issued in order to finance providing a communications service are not subject to the approval of the electors if the revenue bonds mature within 15 years. Revenue bonds issued to finance providing a communications service that does not mature within 15 years must be approved by the electors. The election must be conducted as specified in chapter 100. (f) A governmental entity providing a communications service may not price any service below the cost of providing the service by subsidizing the communications service with moneys from rates paid by subscribers of a noncommunications services utility or from any other revenues. The cost standard for determining cross-subsidization is whether the total revenue from the service is less than the total long-run incremental cost of the service. Total long-run incremental cost means service-specific volume and nonvolume-sensitive costs. (g) A governmental entity providing a communications service must comply with the requirements of s. 218.32 and shall keep separate and accurate books and records, maintained in accordance with generally accepted accounting principles, of a governmental entity’s communication service, and they shall be made available for any audits of the books and records conducted under applicable law. To facilitate equitable distribution of indirect costs, a local government shall develop and follow a cost-allocation plan, which is a procedure for allocating direct and indirect costs and which is generally developed in accordance with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Government, published by the United States Office of Management and Budget. (h) The governmental entity shall establish an enterprise fund to account for its operation of communications services.

Florida

no date

Fla. Stat. 350.81

Communications services offered by governmental entities (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (Speed of 1.5 Mbps or less)

Defines advanced service as high-speed internet access at Speed of at least 200 kilobits per second for uploads or downloads, including services or applications provided over the connection or any information service as defined in 47 U.S.C. § 153(20).

State Code

(a) “Advanced service” means high-speed-Internet-access-service capability in excess of 200 kilobits per second in the upstream or the downstream direction, including any service application provided over the high-speed-access service or any information service as defined in 47 U.S.C. s. 153(20).

Florida

2011

Fla. Stat. 364.011

Exemptions from commission jurisdiction

Category: Competition and regulation

Topic: Regulatory authority

Exempts broadband services from Public Utilities Commission jurisdiction.

State Code

The following services are exempt from oversight by the commission, except to the extent delineated in this chapter: (1) Intrastate interexchange telecommunications services. (2) Broadband services, regardless of the provider, platform, or protocol. (3) VoIP. (4) Wireless telecommunications, including commercial mobile radio service providers. (5) Basic service. (6) Nonbasic services or comparable services offered by any telecommunications company.

Florida

2009

Fla. Stat. 364.013

Emerging and advanced services

Category: Competition and regulation

Topic: Regulatory authority

Exempts broadband service from Public Utilities Commission jurisdiction and states that it shall be free of state regulation, regardless of the provider, platform, or protocol.

State Code

Broadband service and the provision of voice-over-Internet-protocol (VoIP) are exempt from commission jurisdiction and shall be free of state regulation, except as delineated in this chapter, regardless of the provider, platform, or protocol. Notwithstanding the exemptions in this chapter, a competitive local exchange telecommunications company is entitled to interconnection with a local exchange telecommunications company to transmit and route voice traffic between both the competitive local exchange telecommunications company and the local exchange telecommunications company regardless of the technology by which the voice traffic is originated by and terminated to an end user. The commission shall afford such competitive local exchange telecommunications company all substantive and procedural rights available to such companies regarding interconnection under the law.

Florida

2012

Fla. Stat. 364.0135 (1)

Promotion of broadband adoption

Category: Other

Topic: Legislative intent

Declares the Legislature's determination that financially sustainable broadband is critical for economic and business development and is beneficial for community institutions.

State Code

(1) The Legislature finds that the sustainable adoption of broadband Internet service is critical to the economic and business development of the state and is beneficial for libraries, schools, colleges and universities, health care providers, and community organizations. The term “sustainable adoption” means the ability for communications service providers to offer broadband services in all areas of the state by encouraging adoption and utilization levels that allow for these services to be offered in the free market absent the need for governmental subsidy.

Florida

2012

Fla. Stat. 364.0135 (2)

Promotion of broadband adoption

Category: Broadband programs

Topic: Agency

Gives the Department of Management Services the authority to work collaboratively with and receive staff support from Enterprise Florida Inc., state agencies, local governments, businesses, and community organizations to monitor broadband adoption in the state; create a broadband strategic plan; build and facilitate local technology planning teams; and encourage the use of internet service through broadband grant programs. Further allows the department to accept federal funds toward these goals, as well as gifts and donations.

State Code

(2) The Department of Management Services is authorized to work collaboratively with, and to receive staffing support and other resources from, Enterprise Florida, Inc., state agencies, local governments, private businesses, and community organizations to: (a) Monitor the adoption of broadband Internet service in collaboration with communications service providers, including, but not limited to, wireless and wireline Internet service providers, to develop geographical information system maps at the census tract level that will: 1. Identify geographic gaps in broadband services, including areas unserved by any broadband provider and areas served by a single broadband provider; 2. Identify the download and upload transmission speeds made available to businesses and individuals in the state, at the census tract level of detail, using data rate benchmarks for broadband service used by the Federal Communications Commission to reflect different speed tiers; and 3. Provide a baseline assessment of statewide broadband deployment in terms of percentage of households with broadband availability. (b) Create a strategic plan that has goals and strategies for increasing the use of broadband Internet service in the state. (c) Build and facilitate local technology planning teams or partnerships with members representing cross-sections of the community, which may include, but are not limited to, representatives from the following organizations and industries: libraries, K-12 education, colleges and universities, local health care providers, private businesses, community organizations, economic development organizations, local governments, tourism, parks and recreation, and agriculture. (d) Encourage the use of broadband Internet service, especially in the rural, unserved, and underserved communities of the state through grant programs having effective strategies to facilitate the statewide deployment of broadband Internet service. For any grants to be awarded, priority must be given to projects that: 1. Provide access to broadband education, awareness, training, access, equipment, and support to libraries, schools, colleges and universities, health care providers, and community support organizations. 2. Encourage the sustainable adoption of broadband in primarily unserved areas by removing barriers to entry. 3. Work toward encouraging investments in establishing affordable and sustainable broadband Internet service in unserved areas of the state. 4. Facilitate the development of applications, programs, and services, including, but not limited to, telework, telemedicine, and e-learning to increase the usage of, and demand for, broadband Internet service in the state. (3) The department may apply for and accept federal funds for purposes of this section, as well as gifts and donations from individuals, foundations, and private organizations. (4) The department may enter into contracts necessary or useful to carry out the purposes of this section. (5) The department may establish any committee or workgroup to administer and carry out the purposes of this section.

Florida

2005

Fla. Stat. 364.02

Definitions

Category: Definitions

Topic: Definition - Broadband (Speed of 1.5 Mbps or less)

Defines broadband service as any service that can transmit or receive information at a speed of at least 200 kilobits per second and provides either access to the internet or computer processing information storage, information content, or protocol conversion. The definition excludes any intrastate telecommunications services that were tariffed by the Public Utilities Commission on or before Jan. 1, 2005.

State Code

(2) “Broadband service” means any service that consists of or includes the offering of the capability to transmit or receive information at a rate that is not less than 200 kilobits per second and either: (a) Is used to provide access to the Internet; or (b) Provides computer processing, information storage, information content, or protocol conversion in combination with the service. The definition of broadband service does not include any intrastate telecommunications services that have been tariffed with the commission on or before January 1, 2005.

Florida

no date

Fla. Stat. 364.0361

Local government authority; nondiscriminatory exercise

Category: Competition and regulation

Topic: Service provision (SP) - Other

Requires local governments to treat telecommunications companies in a nondiscriminatory manner when exercising franchise authority. Does not allow local governments to directly or indirectly regulate the terms and conditions, including broadband or information service.

State Code

A local government shall treat each telecommunications company in a nondiscriminatory manner when exercising its authority to grant franchises to a telecommunications company or to otherwise establish conditions or compensation for the use of rights-of-way or other public property by a telecommunications company. A local government may not directly or indirectly regulate the terms and conditions, including, but not limited to, the operating systems, qualifications, services, service quality, service territory, and prices, applicable to or in connection with the provision of any voice-over-Internet protocol, regardless of the platform, provider, or protocol, broadband or information service. This section does not relieve a provider from any obligations under s. 337.401.

Florida

2000

Fla. Stat. 445.046

Establishment of a network access point

Category: Other

Topic: Legislative intent

Addresses state support to enhance the information technology industry in the state, including efforts that increase broadband technology. Focuses on developing a network access point to achieve this goal and seeks to encourage private information technology businesses to partner to develop the network access point.

State Code

The state actively supports efforts that enhance the information technology industry in this state, particularly those efforts that increase broadband technology. A critical initiative to enhance this industry in this state is determined to be the development of a network access point, which is defined to be a carrier-neutral, public-private Internet traffic exchange point. The state encourages private information technology businesses to forge partnerships to develop a network access point in this state. Moreover, the state recognizes the importance of a network access point that addresses the needs of small information technology businesses.

Georgia

no date

Ga. Code Ann. 32-2-2

Powers and duties of department generally (Fund)

Category: Funding and financing

Topic: Fund

Allows the department of transportation to promote using interstate highways and state-owned roads to deploy broadband and directs all funds from such use that are not subject to the jurisdiction of the Federal Highway Administration or otherwise restricted by federal laws to the general fund to be used as defined in Title 50, Chapter 40 for the deployment of broadband services.

State Code

All net revenues from the use, lease, or other activities in such rights of way in excess of any project costs, that are not subject to the jurisdiction of the Federal Highway Administration or that are not otherwise restricted by any federal laws, rules, or regulations, shall be paid into the general fund of the state treasury subject to any restrictions imposed by the Federal Highway Administration. It is the intention of the General Assembly, subject to the appropriation process, that a portion of the amount so deposited into the general fund of the state treasury be appropriated each year to programs to be administered by the Georgia Technology Authority, the Department of Community Affairs, and other state agencies as provided in Chapter 40 of Title 50 to be used to promote and provide broadband services throughout the state.

Georgia

no date

Ga. Code Ann. 32-2-2

Powers and duties of department generally (Right of way)

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Gives the Department of Transportation, in consultation with the Georgia Technology Authority, the authority to create and implement a long-term strategy for using interstate highways and state-owned right of way to deploy broadband and other emerging communications technologies. Allows the department to promote the use of interstate highways and state-owned roads for broadband deployment.

State Code

(20) The department, in consultation with the Georgia Technology Authority, shall have the authority to plan for, establish, and implement a long-term policy with regard to the use of the rights of way of the interstate highways and state owned roads for the establishment, development, and maintenance of the deployment of broadband services and other emerging communications technologies throughout the state by public or private providers, or both. The department shall be authorized to promote and encourage the use of such rights of way of the interstate highways and state owned roads for such purposes to the extent feasible and prudent.

Georgia

2014

Ga. Code Ann. 36-66B-1 et seq.

Mobile Broadband Infrastructure Leads to Development (BILD) Act

Category: Infrastructure access

Topic: Wireless facilities

Establishes procedural standards to streamline the construction, co-location, and modification of wireless facilities. Allows modification or co-location without additional zoning or land use review. Defines requirements under which modifications or co-locations will not be subject to additional zoning review. Sets review timelines for applications and conditions of approval. Does not allow local governments to charge zoning, permitting, or inspection fees greater than $500, or to charge rental, license, or other fees above the fair market value.

State Code

(a) The General Assembly finds that the enactment of this chapter is necessary to: (1) Ensure the safe and efficient integration of facilities necessary for the provision of broadband and other advanced wireless communication services throughout this state; (2) Ensure the ready availability of reliable wireless communication services to the public to support personal communications, economic development, and the general welfare; (3) Encourage where feasible the modification or collocation of wireless facilities on existing wireless support structures over the construction of new wireless support structures in the deployment or expansion of commercial wireless networks; and (4) Allow the deployment of critical wireless infrastructure to ensure that first responders can provide for the health and safety of all residents of Georgia. (b) While recognizing and confirming the purview of local governments to exercise zoning, land use, and permitting authority within their territorial boundaries with regard to the location, construction, and modification of wireless communication facilities, it is the intent of this chapter to establish procedural standards for the exercise of such authority so as to streamline and facilitate the construction, collocation, or modification of such facilities, including the placement of new or additional wireless facilities on existing wireless support structures. It is not the intent of this chapter to limit or preempt the scope of a local government's review of zoning, land use, or permitting applications for the siting of wireless facilities or wireless support structures or to require a local government to exercise its zoning power.

Georgia

2019

Ga. Code Ann. 36-66C-1 et seq.

Streamlining Wireless facilities and Antennas Act

Category: Infrastructure access

Topic: Small cell facilities

Creates a streamlined process for wireless internet service providers to follow to obtain permits for installing small cell infrastructure.

State Code

A wireless provider may collocate small wireless facilities and install, modify, or replace associated poles or decorative poles under this chapter without an agreement with an authority and without an implementing ordinance. An authority may make available to wireless providers rates, fees, and other terms that comply with this chapter and that are adopted by ordinance, resolution, or another document by the authority after public notice. In the absence of an ordinance, a resolution, or another document that complies with this chapter, and until any such ordinance, a resolution, or other document is adopted, if at all, a wireless provider may collocate small wireless facilities and install, modify, or replace associated poles or decorative poles pursuant to the requirements of this chapter. An authority may not require a wireless provider to enter into an agreement to implement this chapter, but nothing in this chapter shall prohibit an authority and a wireless provider from voluntarily entering one or more such agreements, including such agreements with rates, fees, and other terms that differ from those in this chapter; provided, however, that the authority shall make each such agreement available for public inspection and available for adoption upon the same terms and conditions to any requesting wireless provider.

Georgia

2018

Ga. Code Ann. 36-70-6

Promotion of deployment of broadband services by broadband services providers

Category: Broadband programs

Topic: Plan

Requires that local comprehensive plans include broadband deployment.

State Code

(a) As used in this Code section, the terms "broadband services" and "broadband services provider" shall have the same meanings as provided in Code Section 50-40-1. (b) The governing bodies of municipalities and counties shall provide in any comprehensive plan for the promotion of the deployment of broadband services by broadband services providers.

Georgia

2019

Ga. Code Ann. 46-3-171

Definitions

Category: Definitions

Topic: Definition - Broadband (Speed of 1.5 Mbps or less)

Defines broadband services as a wired or wireless service that provides access to the internet at speeds of at least 200 kilobits per second.

State Code

(2.3) 'Broadband services' means a wired or wireless service that consists of the capability to transmit data at a rate not less than 200 kilobits per second to and from end users and in combination with such service provides: (A) Access to the internet; (B) Computer processing, information storage, or protocol conversion; or (C) Any application or information content to be provided over or through broadband. Such term shall include any broadband facilities and equipment associated with providing such a service.

Georgia

2019

Ga. Code Ann. 46-3-200 et seq.

Purposes of electric membership corporations

Category: Competition and regulation

Topic: Cooperatives

Allows electric cooperatives to provide broadband services either directly or through an affiliate and accept grants and loans and enter into contracts to provide broadband service, provided that there is no cross-subsidization between its different lines of business and they provide nondiscriminatory access to poles.

State Code

An electric membership corporation may serve any one or more of the following purposes: … (4) Provide and operate broadband facilities and provide and use the broadband services described in subparagraphs (A) and (B) of paragraph (8.1) of Code Section 46-3-171; (5) Furnish on a nondiscriminatory basis the broadband services described in subparagraphs (C) and (D) of paragraph (8.1) of Code Section 46-3-171; (6) Form, fund, support, and operate a broadband affiliate, directly or indirectly, contingent upon compliance with Code Sections 46-5-163 and 46-3-200.2

Georgia

2019

Ga. Code Ann. 46-3-205

Use of easements

Category: Infrastructure access

Topic: Right of way (Easements)

Explicitly grants owners of easements for electric infrastructure the right to use the same easement for broadband services, unless expressly prohibited in the terms of the easement.

State Code

(b) Subject to compliance with any express prohibitions in an electric easement, the owner of an electric easement may use an electric easement to install, maintain, lease, and operate broadband services without incurring liability to the owner or occupant of the real property subject to the electric easement or paying additional compensation to the owner or occupant of the real property subject to the electric easement, so long as no additional poles or other ground based structures are installed; provided, however, that any electric utility owning an electric easement may assess fees and charges and impose reasonable conditions on the use of its facilities within an electric easement for the purpose of providing or supporting broadband services.

Georgia

2006

Ga. Code Ann. 46-5-221

Definitions

Category: Definitions

Topic: Definition - Broadband (Speed of 1.5 Mbps or less)

Defines broadband service as a service that transmits data at a rate of at least 200 kilobits per second and provides either access to the internet or computer processing, information storage, or protocol conversion.

State Code

(1) "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.

Georgia

2010

Ga. Code Ann. 46-5-222

Commission has no authority over setting of rates or terms and conditions for the offering of broadband service, Voice over Internet Protocol, or wireless service; limitations

Category: Competition and regulation

Topic: Regulatory authority

Defines broadband services as outside the jurisdiction of the Public Service Commission.

State Code

(a) The Public Service Commission shall not have any jurisdiction, right, power, authority, or duty to impose any requirement or regulation relating to the setting of rates or terms and conditions for the offering of broadband service, VoIP, or wireless services. (b) This Code section shall not be construed to affect: (1) State laws of general applicability to all businesses, including, without limitation, consumer protection laws and laws relating to restraint of trade; (2) Any authority of the Public Service Commission with regard to consumer complaints; or (3) Any authority of the Public Service Commission to act in accordance with federal laws or regulations of the Federal Communications Commission, including, without limitation, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements. (c) Except as otherwise expressly provided in this Code section, nothing in this Code section shall be construed to restrict or expand any other authority or jurisdiction of the Public Service Commission.

Georgia

2019

Ga. Code Ann. 46-5-61 et seq.

Declaration of purpose

Category: Competition and regulation

Topic: Cooperatives

Allows telephone cooperatives to provide broadband service either directly or through a subsidiary.

State Code

Cooperative nonprofit corporations may be organized under this part for the purpose of furnishing telephone service in rural areas to the widest practicable number of users of such service. In addition to furnishing telephone service, such cooperative nonprofit corporations may also furnish broadband services directly or indirectly through a contractual arrangement or through a broadband affiliate.

Georgia

2018

Ga. Code Ann. 50-40-1

Definitions (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)

Defines broadband as wired or wireless terrestrial service that can transmit at a rate of at least 25 megabits per second (Mbps) for downloads and 3 Mbps for uploads and provides access to the internet or computer processing, information storage, or protocol conversion.

State Code

(2) "Broadband services" means a wired or wireless terrestrial service that consists of the capability to transmit at a rate of not less than 25 megabits per second in the downstream direction and at least 3 megabits per second in the upstream direction to end users and in combination with such service provides: (A) Access to the Internet; or (B) Computer processing, information storage, or protocol conversion.

Georgia

2018

Ga. Code Ann. 50-40-1

Definitions (Definition - Unserved)

Category: Definitions

Topic: Definition - Unserved

Defines a census block as one where broadband service is not available to 20 percent or more of the locations as determined by the Department of Community Affairs.

State Code

(11) "Unserved area" means a census block in which broadband services are not available to 20 percent or more of the locations as determined by the Department of Community Affairs pursuant to Article 2 of this chapter.

Georgia

2018

Ga. Code Ann. 50-40-2

Coordination of statewide efforts, development of policies and programs, annual reporting and required information, cooperation between state agencies (Agency)

Category: Broadband programs

Topic: Agency

Authorizes the Georgia Technology Authority to establish and implement policies and programs necessary to coordinate statewide efforts to promote and facilitate broadband deployment. These include a broadband deployment plan, technical support and advisory services to state agencies, analysis of state assets, and coordination among state agencies, local governments, industry, and community organizations. Requires the authority to submit an annual report to the lieutenant governor, speaker of the House, and governor on the authority’s policies and programs, including the status of broadband deployment and deployment of other emerging communications technologies.

State Code

(a) The Georgia Technology Authority is authorized and directed to establish and implement such policies and programs as are necessary to coordinate state-wide efforts to promote and facilitate deployment of broadband services and other emerging communications technologies throughout the state. Such policies and programs may include, but are not limited to, the following: (1) A written state-wide broadband services deployment plan and the development of recommendations for the promotion and implementation of such a plan; (2) Technical support and advisory assistance to state agencies, including, but not limited to, the Department of Community Affairs and the OneGeorgia Authority, in developing grant programs, designation programs, and other programs to promote the deployment of broadband services and other emerging communications technologies; (3) A periodic analysis performed in conjunction with the State Properties Commission of any state assets, including, but not limited to, real property and structures thereon, that may be leased or otherwise utilized for broadband services deployment; and (4) Coordination between state agencies, local governments, industry representatives, community organizations, and other persons that control access to resources, such as facilities and rights of way, that may be used for the deployment of broadband services and other emerging communications technologies, that apply for or receive federal funds for the deployment of broadband services and other emerging communications technologies, and that promote economic and community development. (b) The Georgia Technology Authority shall submit copies of an annual report to the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor regarding the policies and programs established by the authority as provided in subsection (a) of this Code section. Such report shall specifically include information as to the status of attainment of state-wide deployment of broadband services and other emerging communications technologies and industry and technology trends in broadband services and other emerging communications technologies. The Georgia Technology Authority shall also provide such report to all members of the General Assembly; provided, however, that the authority shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of such report in the manner which it deems to be most effective and efficient. Furthermore, such report may be a part of or submitted in conjunction with the report required to be submitted by the Department of Community Affairs pursuant to Code Section 50-40-84. (c) All state agencies shall cooperate with the Georgia Technology Authority and its designated agents by providing requested information to assist in the development and administration of policies and programs and the annual report provided for in this Code section. (d) The Georgia Technology Authority shall promulgate any policies necessary to effectuate the provisions of this Code section.

Georgia

2018

Ga. Code Ann. 50-40-2

Coordination of statewide efforts, development of policies and programs, annual reporting and required information, cooperation between state agencies (Plan)

Category: Broadband programs

Topic: Plan

Authorizes the Georgia Technology Authority to establish and implement policies and programs necessary to coordinate statewide efforts to promote and facilitate broadband deployment. These include a broadband deployment plan, technical support and advisory services to state agencies, analysis of state assets, and coordination among state agencies, local governments, industry, and community organizations. Requires the authority to submit an annual report to the lieutenant governor, speaker of the House, and governor on the authority’s policies and programs, including the status of broadband deployment and deployment of other emerging communications technologies.

State Code

(a) The Georgia Technology Authority is authorized and directed to establish and implement such policies and programs as are necessary to coordinate state-wide efforts to promote and facilitate deployment of broadband services and other emerging communications technologies throughout the state. Such policies and programs may include, but are not limited to, the following: (1) A written state-wide broadband services deployment plan and the development of recommendations for the promotion and implementation of such a plan; (2) Technical support and advisory assistance to state agencies, including, but not limited to, the Department of Community Affairs and the OneGeorgia Authority, in developing grant programs, designation programs, and other programs to promote the deployment of broadband services and other emerging communications technologies; (3) A periodic analysis performed in conjunction with the State Properties Commission of any state assets, including, but not limited to, real property and structures thereon, that may be leased or otherwise utilized for broadband services deployment; and (4) Coordination between state agencies, local governments, industry representatives, community organizations, and other persons that control access to resources, such as facilities and rights of way, that may be used for the deployment of broadband services and other emerging communications technologies, that apply for or receive federal funds for the deployment of broadband services and other emerging communications technologies, and that promote economic and community development. (b) The Georgia Technology Authority shall submit copies of an annual report to the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor regarding the policies and programs established by the authority as provided in subsection (a) of this Code section. Such report shall specifically include information as to the status of attainment of state-wide deployment of broadband services and other emerging communications technologies and industry and technology trends in broadband services and other emerging communications technologies. The Georgia Technology Authority shall also provide such report to all members of the General Assembly; provided, however, that the authority shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of such report in the manner which it deems to be most effective and efficient. Furthermore, such report may be a part of or submitted in conjunction with the report required to be submitted by the Department of Community Affairs pursuant to Code Section 50-40-84. (c) All state agencies shall cooperate with the Georgia Technology Authority and its designated agents by providing requested information to assist in the development and administration of policies and programs and the annual report provided for in this Code section. (d) The Georgia Technology Authority shall promulgate any policies necessary to effectuate the provisions of this Code section.

Georgia

2018

Ga. Code Ann. 50-40-20 et seq.

Area identification (Agency)

Category: Broadband programs

Topic: Agency

Directs the Department of Community Affairs to determine served and unserved areas and publish the findings. The department must publish a map on its website by Jan. 1, 2019, that displays unserved areas. Provides direction on how the map should be created, including the option to link to an existing map if such a map is determined to exist. Requires local governments to provide requested information and allows the department to request information from all broadband service providers in the state. Establishes a petition process for contesting maps.

State Code

50-40-20. The Department of Community Affairs shall determine those areas in the state that are served areas and unserved areas and shall publish such findings. 50-40-21. (a) On or before January 1, 2019, the Department of Community Affairs shall publish on its website a map showing the unserved areas in the state. (b) The Department of Community Affairs shall consult with the Federal Communications Commission in determining if a map showing the unserved areas, as determined by the Department of Community Affairs, exists. If on or before July 1, 2018, the Department of Community Affairs determines that such a map does not exist then such a map shall be created by the Department of Community Affairs or an agent designated by the Department of Community Affairs. Such agent may include the Georgia Technology Authority or other entities and individuals that are determined by the Department of Community Affairs to possess the necessary prerequisites to assist the department in creating such a map. Any such map created by the Department of Community Affairs shall take into consideration any information received pursuant to subsections (c) and (d) of this Code section and Code Section 50-40-22. If the Department of Community Affairs determines that such a map does exist that was not created by the Department of Community Affairs or an agent designated by the Department of Community Affairs, then its website may link to such existing map in lieu of republishing such map. (c) All local governments shall cooperate with the Department of Community Affairs and any agent designated by the Department of Community Affairs by providing requested information as to addresses and locations of broadband services and other emerging communications technologies within their jurisdictions. (d) The Department of Community Affairs and any agent designated by the Department of Community Affairs may request information from all broadband services providers in the state in developing a map or making the determination as to the percentage of locations within a census block to which broadband services are not available. 50-40-22. Petition contesting maps (a) An entity that is authorized to apply for or that obtains a certificate of authority pursuant to Code Section 45-5-163, a broadband services provider, or a political subdivision may file a petition with the Department of Community Affairs along with data specifying locations or census blocks which the petitioner alleges should be designated differently than as shown on the map published on the website of the Department of Community Affairs pursuant to Code Section 50-40-21. Upon receipt of such petition and data, the Department of Community Affairs shall provide notice of the petition on the Department of Community Affairs' website and shall notify all broadband services providers furnishing broadband services in such census block or any census block in which any such locations are positioned. Such broadband services providers shall have 45 days after the date such notice is sent to furnish information to the Department of Community Affairs showing whether the locations that are the subject of the petition currently have broadband services available. The Department of Community Affairs shall determine whether the designation of such locations or census blocks should be changed and shall issue such determination within 75 days of the date the notice is sent to the broadband services provider. (b) Any determination made by the Department of Community Affairs pursuant to this Code section shall be final and not subject to review and any such determination shall not be a contested case under Chapter 13 of Title 50, "Georgia Administrative Procedure Act."

Georgia

2018

Ga. Code Ann. 50-40-20 et seq.

Area identification (Mapping)

Category: Broadband programs

Topic: Mapping

Directs the Department of Community Affairs to determine served and unserved areas and publish the findings. The department must publish a map on its website by Jan. 1, 2019, that displays unserved areas. Provides direction on how the map should be created, including the option to link to an existing map if such a map is determined to exist. Requires local governments to provide requested information and allows the department to request information from all broadband service providers in the state. Establishes a petition process for contesting maps.

State Code

50-40-20. The Department of Community Affairs shall determine those areas in the state that are served areas and unserved areas and shall publish such findings. 50-40-21. (a) On or before January 1, 2019, the Department of Community Affairs shall publish on its website a map showing the unserved areas in the state. (b) The Department of Community Affairs shall consult with the Federal Communications Commission in determining if a map showing the unserved areas, as determined by the Department of Community Affairs, exists. If on or before July 1, 2018, the Department of Community Affairs determines that such a map does not exist then such a map shall be created by the Department of Community Affairs or an agent designated by the Department of Community Affairs. Such agent may include the Georgia Technology Authority or other entities and individuals that are determined by the Department of Community Affairs to possess the necessary prerequisites to assist the department in creating such a map. Any such map created by the Department of Community Affairs shall take into consideration any information received pursuant to subsections (c) and (d) of this Code section and Code Section 50-40-22. If the Department of Community Affairs determines that such a map does exist that was not created by the Department of Community Affairs or an agent designated by the Department of Community Affairs, then its website may link to such existing map in lieu of republishing such map. (c) All local governments shall cooperate with the Department of Community Affairs and any agent designated by the Department of Community Affairs by providing requested information as to addresses and locations of broadband services and other emerging communications technologies within their jurisdictions. (d) The Department of Community Affairs and any agent designated by the Department of Community Affairs may request information from all broadband services providers in the state in developing a map or making the determination as to the percentage of locations within a census block to which broadband services are not available. 50-40-22. Petition contesting maps (a) An entity that is authorized to apply for or that obtains a certificate of authority pursuant to Code Section 45-5-163, a broadband services provider, or a political subdivision may file a petition with the Department of Community Affairs along with data specifying locations or census blocks which the petitioner alleges should be designated differently than as shown on the map published on the website of the Department of Community Affairs pursuant to Code Section 50-40-21. Upon receipt of such petition and data, the Department of Community Affairs shall provide notice of the petition on the Department of Community Affairs' website and shall notify all broadband services providers furnishing broadband services in such census block or any census block in which any such locations are positioned. Such broadband services providers shall have 45 days after the date such notice is sent to furnish information to the Department of Community Affairs showing whether the locations that are the subject of the petition currently have broadband services available. The Department of Community Affairs shall determine whether the designation of such locations or census blocks should be changed and shall issue such determination within 75 days of the date the notice is sent to the broadband services provider. (b) Any determination made by the Department of Community Affairs pursuant to this Code section shall be final and not subject to review and any such determination shall not be a contested case under Chapter 13 of Title 50, "Georgia Administrative Procedure Act."

Georgia

2018

Ga. Code Ann. 50-40-3

Confidential and proprietary nature of information provided by broadband service providers

Category: Broadband programs

Topic: Mapping

Notes that all data provided by broadband service providers under this chapter will be confidential, proprietary, and exempt from disclosure under federal and state law, except in the form of a map where provider-specific network information is not disclosed. Provider-specific data will only be disclosed to the submitting broadband service provider, employees of the Department of Community Affairs, or the Georgia Technology Authority and the agencies’ attorneys, and agents designated to assist in development of the map.

State Code

All information provided by a broadband services provider pursuant to this chapter shall be presumed to be confidential, proprietary, a trade secret as such term is defined in Code Section 10-1-761, and subject to exemption from disclosure under state and federal law and shall not be subject to disclosure under Article 4 of Chapter 18 of this title, except in the form of a map where information that could be used to determine provider-specific information about the network of the broadband services provider is not disclosed. Except as otherwise provided in this chapter, such provider-specific information shall not be released to any person other than to the submitting broadband services provider, the Department of Community Affairs or the Georgia Technology Authority, agents designated to assist in developing the map provided for in Article 2 of this chapter, employees of the Department of Community Affairs or the Georgia Technology Authority, and attorneys employed by or under contract with the Department of Community Affairs or the Georgia Technology Authority without express permission of the submitting broadband services provider. Such information shall be used solely for the purposes stated under this chapter.

Georgia

2018

Ga. Code Ann. 50-40-41

Requirements for local ordinances for reviewing applications and issuing permits; development of model ordinances; monitoring compliance

Category: Broadband programs

Topic: Promotional

Defines requirements for certifying a local jurisdiction as a broadband-ready community, including enacting an ordinance that addresses application review and permits for broadband network projects and provides for appointing a single point of contact of broadband projects, defining timelines for application review and approval or denial, and setting a reasonable and cost-based fee for applications and permits. Requires the department to develop a model ordinance and to monitor ongoing compliance of designated communities.

State Code

(a) A political subdivision shall not be certified as a broadband ready community unless such political subdivision enacts an ordinance for reviewing applications and issuing permits related to broadband network projects that provides for all of the following: (1) Appointing a single point of contact for all matters related to a broadband network project; (2) Requiring such political subdivision to determine whether an application is complete and notifying the applicant about such determination in writing within a certain time period after receiving such application; provided, however, that any delay in the processing of an application that is outside the control of such political subdivision and that is directly caused by or attributable to a natural disaster, a state of emergency, a mandated federal review or approval, the receipt of multiple applications by the same or different applicants within a relatively short period of time, another political subdivision's review or approval, or through fault of the applicant shall not count toward the days allotted within such time period; (3) If the political subdivision receives an application that is incomplete, requiring the written notification provided for under paragraph (2) of this subsection to specify in detail the required information that is incomplete; (4) If such political subdivision does not make the written notification required under paragraph (2) of this subsection, requiring such political subdivision to consider an application to be complete; (5) Within a certain time period after receiving an application that is complete, requiring such political subdivision to approve or deny such application and provide the applicant notification in writing of such approval or denial; (6) That any fee imposed by such political subdivision to review an application, issue a permit, or perform any other activity related to a broadband network project shall be reasonable, cost based, and nondiscriminatory to all applicants; and (7) Any other information or specifications as may be required by the department by rules and regulations related to ensuring ready access to the public rights of way and infrastructure. (b) The department, with input from broadband services providers and local governments, shall develop a model ordinance for the review of applications and the issuance of permits related to broadband network projects that complies with subsection (a) of this Code section that may be enacted by a political subdivision. (c) If a political subdivision enacts an ordinance that differs from the model ordinance developed by the department, the political subdivision shall, when applying for certification under Code Section 50-40-40, provide the department with a written statement that describes the ordinance enacted by such political subdivision and how such ordinance differs from the model ordinance. (d) After certification of a political subdivision as a broadband ready community, the department shall continue to monitor such political subdivision's compliance with the broadband ready community eligibility requirements provided in subsection (a) of this Code section to ensure that the ordinance is still in effect and that such political subdivision's actions are in conformance with such ordinance.

Georgia

2018

Ga. Code Ann. 50-40-42

Decertification by department

Category: Broadband programs

Topic: Promotional

Establishes conditions under which a local jurisdiction can be decertified as a broadband-ready community. These include if the local jurisdiction imposes a fee that exceeds $100 for application review unless documentation justifying a higher fee can be provided; if it imposes a moratorium on reviewing applications or issuing permits for broadband network projects; or if it does not operate in a nondiscriminatory manner toward broadband service providers.

State Code

A political subdivision that the department has certified as a broadband ready community under Code Section 50-40-41 may be decertified by the department if it: (1) Imposes an unreasonable or noncost based fee to review an application or issue a permit for a broadband network project. Any application fee that exceeds $100.00 shall be considered unreasonable unless such political subdivision can provide documentation justifying such fee based on a specific cost; (2) Imposes a moratorium of any kind on the approval of applications or issuance of permits for broadband network projects or on construction related to broadband network projects; (3) Discriminates among broadband services providers with respect to any action described in this article or otherwise related to a broadband network project, including granting access to public rights of way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by such political subdivision; or (4) As a condition for approving an application or issuing a permit for a broadband network project, requires the applicant to: (A) Provide any service or make available any part of the broadband network project to such political subdivision; or (B) Except for reasonable and cost based fees allowed, make any payment to or on behalf of such political subdivision.

Georgia

2018

Ga. Code Ann. 50-40-43

Request for decertification from broadband service provider; determination on reasonableness of fee

Category: Broadband programs

Topic: Promotional

Allows the department to decertify a local jurisdiction as a broadband-ready community at the request of a broadband service provider. If the complaint is based on the application fee, the burden of proof to establish that the application fee is reasonable falls on the local jurisdiction.

State Code

(a) Upon the request of a broadband services provider, the department may decertify a political subdivision as a broadband ready community if such political subdivision fails to act in accordance with the ordinance required for certification under Code Section 50-40-41, modifies such ordinance so that such ordinance no longer complies with subsection (a) of Code Section 50-40-41, or violates any provision of Code Section 50-40-42. (b) Upon a complaint that an application fee under an ordinance required for certification under Code Section 50-40-41 is unreasonable, the department shall determine whether or not such fee is reasonable. In the proceeding for making such determination, the political subdivision shall have the burden of proving the reasonableness of any action undertaken by such political subdivision as part of the application process and the reasonableness of the costs of such actions.

Georgia

2018

Ga. Code Ann. 50-40-44

Priority of certain projects (Promotional)

Category: Broadband programs

Topic: Promotional

Directs the OneGeorgia Authority to prioritize broadband network projects that target industry development or new building construction for which a certified broadband-ready community is seeking financing.

State Code

A broadband network project targeting industry development or construction of a new building for which a political subdivision that has been certified as a broadband ready community under Code Section 50-40-40 is seeking financing from the OneGeorgia Authority, as provided for in Chapter 34 of this title, shall be given priority by the OneGeorgia Authority.

Georgia

2018

Ga. Code Ann. 50-40-44

Priority of certain projects (Financing - Other)

Category: Funding and financing

Topic: Financing - Other

Directs the OneGeorgia Authority to prioritize broadband network projects that target industry development or new building construction for which a certified broadband-ready community is seeking financing.

State Code

A broadband network project targeting industry development or construction of a new building for which a political subdivision that has been certified as a broadband ready community under Code Section 50-40-40 is seeking financing from the OneGeorgia Authority, as provided for in Chapter 34 of this title, shall be given priority by the OneGeorgia Authority.

Georgia

2018

Ga. Code Ann. 50-40-45

Regulatory authority

Category: Broadband programs

Topic: Agency

Directs the Department of Community Affairs to adopt necessary rules and regulations to operationalize the provisions of this article.

State Code

The department shall promulgate any reasonable and necessary rules and regulations to effectuate the provisions of this article.

Georgia

2018

Ga. Code Ann. 50-40-60

"Broadband services" defined

Category: Definitions

Topic: Definition - Broadband (Defined by technology, not speed)

Defines broadband services as the provision of access to the internet or computer processing, information storage, or protocol conversion.

State Code

As used in this article, the term "broadband services" means the provision of access to the Internet or computer processing, information storage, or protocol conversion.

Georgia

2018

Ga. Code Ann. 50-40-61

Creation of Georgia Broadband Ready Community Site Designation Program (Agency)

Category: Broadband programs

Topic: Agency

Establishes the Georgia Broadband Ready Community Site Designation Program, administered by the Department of Community Affairs with assistance from the Department of Economic Development, to designate facilities and developments that offer download Speed of at least 1 Gigabit per second.

State Code

In order to encourage economic development and attract technology enabled growth in Georgia, the Department of Community Affairs shall, with the assistance of the Department of Economic Development, create and administer the "Georgia Broadband Ready Community Site Designation Program." Such program shall designate facilities and developments that offer broadband services at a rate of not less than 1 gigabit per second in the downstream to end users that can be accessed for business, education, health care, government, and other public purposes as a Georgia Broadband Ready Community Site.

Georgia

2018

Ga. Code Ann. 50-40-61

Creation of Georgia Broadband Ready Community Site Designation Program (Promotional)

Category: Broadband programs

Topic: Promotional

Establishes the Georgia Broadband Ready Community Site Designation Program, administered by the Department of Community Affairs with assistance from the Department of Economic Development, to designate facilities and developments that offer download Speed of at least 1 Gigabit per second.

State Code

In order to encourage economic development and attract technology enabled growth in Georgia, the Department of Community Affairs shall, with the assistance of the Department of Economic Development, create and administer the "Georgia Broadband Ready Community Site Designation Program." Such program shall designate facilities and developments that offer broadband services at a rate of not less than 1 gigabit per second in the downstream to end users that can be accessed for business, education, health care, government, and other public purposes as a Georgia Broadband Ready Community Site.

Georgia

2018

Ga. Code Ann. 50-40-62

Evaluation of applicant information; promotion (Agency)

Category: Broadband programs

Topic: Agency

Directs the Department of Community Affairs or its designated agents to evaluate information to confirm that broadband Speed of at least 1 gigabit per second are available within the facility or development on the Georgia Broadband Ready Community Site application. Directs the Department of Economic Development to promote the program and designated facilities and developments.

State Code

(a) The Department of Community Affairs or its designated agents shall evaluate the information submitted by applicants for designation as a Georgia Broadband Ready Community Site to confirm, based on the best available local, state, and federal broadband information, that at least 1 gigabit of broadband services is available within the facility or development. (b) The Department of Economic Development shall promote the Georgia Broadband Ready Community Site Designation Program and shall promote the facilities and developments so designated as local community assets. Upon certification of a facility or development as a Georgia Broadband Ready Community Site, the Department of Community Affairs shall notify the Department of Economic Development so that the Department of Economic Development may provide standardized graphics and materials to the owner or owners of such facility or development and the county or municipal corporation in which such facility or development is located in order to promote the status of the site as a Georgia Broadband Ready Community Site.

Georgia

2018

Ga. Code Ann. 50-40-62

Evaluation of applicant information; promotion (Promotional)

Category: Broadband programs

Topic: Promotional

Directs the Department of Community Affairs or its designated agents to evaluate information to confirm that broadband Speed of at least 1 gigabit per second are available within the facility or development on the Georgia Broadband Ready Community Site application. Directs the Department of Economic Development to promote the program and designated facilities and developments.

State Code

(a) The Department of Community Affairs or its designated agents shall evaluate the information submitted by applicants for designation as a Georgia Broadband Ready Community Site to confirm, based on the best available local, state, and federal broadband information, that at least 1 gigabit of broadband services is available within the facility or development. (b) The Department of Economic Development shall promote the Georgia Broadband Ready Community Site Designation Program and shall promote the facilities and developments so designated as local community assets. Upon certification of a facility or development as a Georgia Broadband Ready Community Site, the Department of Community Affairs shall notify the Department of Economic Development so that the Department of Economic Development may provide standardized graphics and materials to the owner or owners of such facility or development and the county or municipal corporation in which such facility or development is located in order to promote the status of the site as a Georgia Broadband Ready Community Site.

Georgia

2018

Ga. Code Ann. 50-40-63

Regulatory authority of Department of Community Affairs

Category: Broadband programs

Topic: Agency

Directs the Department of Community Affairs to adopt necessary rules and regulations to operationalize the provisions of this article.

State Code

The Department of Community Affairs shall be authorized to adopt and promulgate such rules and regulations as may be reasonable and necessary to carry out the purposes of this article.

Georgia

2018

Ga. Code Ann. 50-40-81

Development of Georgia Broadband Deployment Initiative; funding awards; considerations; priorities; compliance with federal provisions (Agency)

Category: Broadband programs

Topic: Agency

Directs the Department of Community Affairs to develop the Georgia Broadband Deployment Initiative program by July 1, 2019. The program aims to provide funding in the form of grants or loans to support capital expenses and expenses related to purchasing and leasing property and communications services and facilities to facilitate broadband expansion in underserved areas.

Funds are to be competitively awarded based on appropriations or receipt of other funds to projects that demonstrate effective partnership between the applicant (local jurisdictions) and the qualified broadband provider, demonstrate benefit to the unserved area in terms of both the scalability of the technology and the population served, and the project cost and ability to leverage other funds. Allows the department to establish additional criteria for funding awards. Gives priority to unserved areas designated as Broadband Ready Communities. Gives the Department of Community Affairs authority to provide oversight and coordination of state efforts to apply for and implement grants, programs, designations, and other resources to support deployment of broadband and other emerging communications technologies in addition to the Georgia Broadband Deployment Initiative program.

State Code

(a) On or before July 1, 2019, the Department of Community Affairs shall develop the "Georgia Broadband Deployment Initiative" program to provide funding awards to expand broadband services to unserved areas of the state. The goal of such program shall be to provide broadband services coverage throughout the entire state. The funding awards of the program shall represent the state's investment in the deployment of broadband services to unserved areas and shall be used only for capital expenses and expenses directly related to the purchase or lease of property or communications services or facilities, including without limitation backhaul and transport, to facilitate the provision of broadband services. (b) (1) Funding awards, in the form of grants or loans, shall be competitively awarded to eligible applicants based on criteria consistent with this article and other factors established by the department; provided, however, that the department shall not discriminate between different types of broadband services technology as long as the technology is capable of transmitting data at the rates specified for each unserved area. (2) The department shall designate political subdivisions as eligible applicants that shall be qualified to apply for funding awards under this article. All such eligible applicants are hereby granted all powers necessary for any and all purposes of the program, and in the case of any development authority included as an eligible applicant, the exercise of such powers is hereby found and determined to promote the development of trade, commerce, industry, and employment opportunities. (c) Funding awards shall be based on appropriations of funds or receipt of other funds to support the program. (d) The department shall consider each of the following in the funding awards process: (1) The effectiveness of the partnership between an eligible applicant and a qualified broadband services provider; (2) The benefit to the unserved area in terms of the population served and the capacity and scalability of the technology to be deployed; and (3) The total project cost and the ability to leverage other available federal, local, and private funds. (e) In addition to the criteria provided in subsection (d) of this Code section, the department may establish any other criteria for determining any funding awards that are reasonable and necessary to ensure that the funds are utilized to provide broadband services to the unserved areas. Such criteria may include, but shall not be limited to: (1) Whether the qualified broadband services provider in the partnership is willing to agree to: (A) Not charge more for broadband services to customers in any unserved area for which a funding award is received than it does for the same or similar broadband services to customers in other areas of the state; (B) Serve 90 percent of any locations requesting broadband services in any unserved area for which a funding award is received; and (C) Meet or exceed in any unserved area for which it receives a grant a minimum level of dependable service as established by the department; (2) The benefit to businesses; industrial parks; education centers; hospitals and other health care facilities, such as telehealth facilities and emergency care facilities; government buildings; public safety departments; or other providers of public services located within the unserved area; (3) Data cap limits, signal latency, and reliability of the technology to be utilized; (4) Historic service issues in other areas served by the qualified broadband provider in the partnership; and (5) The length of time it will take to deploy the broadband services in the unserved area. (f) The department shall give competitive priority to any unserved area certified as a broadband ready community as provided in Article 3 of this chapter. Partnerships that include qualified broadband providers that cooperate in providing information requested pursuant to subsection (d) of Code Section 50-40-21, as applicable, shall also factor favorably into the competitive funding awards process. (g) The department shall ensure that the program complies with all applicable federal laws, rules, and regulations.

Georgia

2018

Ga. Code Ann. 50-40-81

Development of Georgia Broadband Deployment Initiative; funding awards; considerations; priorities; compliance with federal provisions (Fund)

Category: Funding and financing

Topic: Fund

Directs the Department of Community Affairs to develop the Georgia Broadband Deployment Initiative program by July 1, 2019. The program aims to provide funding in the form of grants or loans to support capital expenses and expenses related to purchasing and leasing property and communications services and facilities to facilitate broadband expansion in underserved areas.

Funds are to be competitively awarded based on appropriations or receipt of other funds to projects that demonstrate effective partnership between the applicant (local jurisdictions) and the qualified broadband provider, demonstrate benefit to the unserved area in terms of both the scalability of the technology and the population served, and the project cost and ability to leverage other funds. Allows the department to establish additional criteria for funding awards. Gives priority to unserved areas designated as Broadband Ready Communities. Gives the Department of Community Affairs authority to provide oversight and coordination of state efforts to apply for and implement grants, programs, designations, and other resources to support deployment of broadband and other emerging communications technologies in addition to the Georgia Broadband Deployment Initiative program.

State Code

(a) On or before July 1, 2019, the Department of Community Affairs shall develop the "Georgia Broadband Deployment Initiative" program to provide funding awards to expand broadband services to unserved areas of the state. The goal of such program shall be to provide broadband services coverage throughout the entire state. The funding awards of the program shall represent the state's investment in the deployment of broadband services to unserved areas and shall be used only for capital expenses and expenses directly related to the purchase or lease of property or communications services or facilities, including without limitation backhaul and transport, to facilitate the provision of broadband services. (b) (1) Funding awards, in the form of grants or loans, shall be competitively awarded to eligible applicants based on criteria consistent with this article and other factors established by the department; provided, however, that the department shall not discriminate between different types of broadband services technology as long as the technology is capable of transmitting data at the rates specified for each unserved area. (2) The department shall designate political subdivisions as eligible applicants that shall be qualified to apply for funding awards under this article. All such eligible applicants are hereby granted all powers necessary for any and all purposes of the program, and in the case of any development authority included as an eligible applicant, the exercise of such powers is hereby found and determined to promote the development of trade, commerce, industry, and employment opportunities. (c) Funding awards shall be based on appropriations of funds or receipt of other funds to support the program. (d) The department shall consider each of the following in the funding awards process: (1) The effectiveness of the partnership between an eligible applicant and a qualified broadband services provider; (2) The benefit to the unserved area in terms of the population served and the capacity and scalability of the technology to be deployed; and (3) The total project cost and the ability to leverage other available federal, local, and private funds. (e) In addition to the criteria provided in subsection (d) of this Code section, the department may establish any other criteria for determining any funding awards that are reasonable and necessary to ensure that the funds are utilized to provide broadband services to the unserved areas. Such criteria may include, but shall not be limited to: (1) Whether the qualified broadband services provider in the partnership is willing to agree to: (A) Not charge more for broadband services to customers in any unserved area for which a funding award is received than it does for the same or similar broadband services to customers in other areas of the state; (B) Serve 90 percent of any locations requesting broadband services in any unserved area for which a funding award is received; and (C) Meet or exceed in any unserved area for which it receives a grant a minimum level of dependable service as established by the department; (2) The benefit to businesses; industrial parks; education centers; hospitals and other health care facilities, such as telehealth facilities and emergency care facilities; government buildings; public safety departments; or other providers of public services located within the unserved area; (3) Data cap limits, signal latency, and reliability of the technology to be utilized; (4) Historic service issues in other areas served by the qualified broadband provider in the partnership; and (5) The length of time it will take to deploy the broadband services in the unserved area. (f) The department shall give competitive priority to any unserved area certified as a broadband ready community as provided in Article 3 of this chapter. Partnerships that include qualified broadband providers that cooperate in providing information requested pursuant to subsection (d) of Code Section 50-40-21, as applicable, shall also factor favorably into the competitive funding awards process. (g) The department shall ensure that the program complies with all applicable federal laws, rules, and regulations.

Georgia

2018

Ga. Code Ann. 50-40-82

Oversight and coordination of state efforts for broadband services

Category: Broadband programs

Topic: Agency

Gives the Department of Community Affairs authority to oversee and coordinate state efforts to apply for and implement grants, programs, designations, and other resources to support deployment of broadband and other emerging communications technologies in addition to the Georgia Broadband Deployment Initiative program.

State Code

In addition to developing the program provided for in Code Section 50-40-81, the Department of Community Affairs shall provide oversight and coordination of state efforts to apply for, utilize, and implement public and private grants, programs, designations, and other resources for the deployment of broadband services and other emerging communications technologies.

Georgia

2018

Ga. Code Ann. 50-40-84

Progress report; publication

Category: Broadband programs

Topic: Agency

Requires the Department of Community Affairs to submit an annual report to the lieutenant governor, the speaker of the House, and the governor on progress in achieving the purposes of broadband deployment, including the status of funding awards.

State Code

On June 30, 2019, and on each June 30 thereafter, the Department of Community Affairs shall submit a report to the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor on the progress in achieving the purposes of this article, including, at a minimum the status of any funding awards. Such report may be a part of or submitted in conjunction with the report required to be submitted by the Georgia Technology Authority pursuant to Code Section 50-40-2. Such report shall be published on the website of the Department of Community Affairs.

Georgia

2018

Ga. Code Ann. 50-7-8

Additional duties and powers of board

Category: Broadband programs

Topic: Agency

Defines additional duties and powers of the Board of Economic Development, including promoting broadband deployment.

State Code

to, the deployment of broadband services in any facilities and developments designated as a Georgia Broadband Ready Community Site. The board and the Department of Economic Development shall have such additional powers and duties related to the promotion of the deployment of broadband services and other emerging communications technologies provided in Chapter 40 of this title.

Georgia

2018

Ga. Code Ann. 50-8-7.1.

General powers and duties

Category: Broadband programs

Topic: Plan

Defines the powers and duties of the Department of Community Affairs to include establishing minimum standards and procedures for preparing and implementing plans and for participating in the comprehensive planning process. Requires the department to define minimum elements to be included in local comprehensive plans and requires that these elements address the promotion and deployment of broadband services by broadband service providers.

State Code

(b) The department shall establish in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. The department shall undertake and carry out such activities as may be specified by law. Such activities may include, but shall not be limited to, the following: (1) As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process, provided that such minimum elements shall include the promotion of the deployment of reasonable and cost-effective access to broadband services by broadband services providers. As used in this paragraph, the terms "broadband services" and "broadband services provider" shall have the same meanings as provided in Code Section 50-40-1;

Georgia

2018

Ga. Code-Ann. 50-40-80

Legislative findings

Category: Other

Topic: Legislative intent

Addresses legislative findings related to broadband, recognizing broadband as a necessary service essential to everyday life. Addresses the growing need for the state government to play an active role in providing broadband access to homes and businesses in rural and unserved areas. Declares guaranteeing the equitable deployment of broadband throughout the state to be a public necessity and basic function of government, and that establishing a grant program to support broadband is in the best interests of the state.

State Code

(a) The General Assembly recognizes that access to broadband services in today's society is essential to everyday life. Access to broadband services is a necessary service as fundamental as electricity, gas, or phone service. There is a growing need for the government of this state to provide the much needed infrastructure to the homes and businesses without access to broadband services due to their location in rural and other unserved areas. Furthermore, the General Assembly finds and declares that ensuring broadband services deployment will have a positive effect on education, health care, public safety, business and industry, government services, and leisure activities throughout the entire state. The General Assembly also finds and declares that guaranteeing an equitable deployment of broadband services throughout the state is a public necessity, one of the basic functions of government, and a benefit to the entire state. Moreover, the General Assembly finds and declares that it is in the best interest of the state and the persons who live and work in the state to spend state funds through the establishment of a grant program to ensure the creation of a state-wide foundation of broadband services infrastructure in unserved areas of the state. (b) The General Assembly hereby finds and determines that the economic benefits that will inure to the State of Georgia and designated political subdivisions from the Georgia Broadband Deployment Initiative provided for in this article and from the performance by private sector persons and entities of the obligations that they will incur in connection with such Georgia Broadband Deployment Initiative, will be equal to or greater than the benefits to be derived by such private sector persons and entities in connection therewith, and that, therefore, the Georgia Broadband Deployment Initiative does not violate the prohibition in the Georgia Constitution on the payment by public bodies of gratuities to private sector persons or entities.

Georgia

2018

Ga. Code. Ann. 50-40-40

Certification as broadband-ready community; requirements for certification

Category: Broadband programs

Topic: Promotional

Allows any local jurisdiction with a comprehensive plan that addresses broadband deployment to apply for certification as a broadband-ready community through the Department of Community Affairs.

Directs the department to prescribe rules and regulations for broadband-ready community applications, including public notice and comments.

State Code

(a) A political subdivision that has a comprehensive plan that includes the promotion of the deployment of broadband services, as required pursuant to Code Sections 36-70-6 and 50-8-7.1, may apply to the Department of Community Affairs for certification as a broadband ready community. The department shall by rules and regulations prescribe the form and manner for making an application. The department shall prescribe by rules and regulations a process for public notice and comment on an application for a period of at least 30 days after such application is received, except that such process shall not apply to an application by a political subdivision that enacts a model ordinance developed by the department under Code Section 50-40-41. (b) The department shall approve an application and certify a political subdivision as a broadband ready community if the department determines that such political subdivision has enacted an ordinance that complies with Code Section 50-40-41. If the process for public notice and comment applies to an application, the department shall, before approving such application, consider any public comments made regarding such application.

Hawaii

2019

Act 139, Session Laws of Hawaii 2019

State telehealth and health care access coordinator

Category: Broadband programs

Topic: Agency

Establishes the state telehealth advisory council and creates the position of telehealth and health care access coordinator, whose responsibilities include coordinating with the Department of Commerce and Consumer Affairs and the Department of Business, Economic Development, and Tourism to expand broadband access.

State Code

(a) There is established a full-time state telehealth and health care access coordinator to support the state strategic telehealth advisory council. The state telehealth and health care access coordinator shall facilitate the establishment of infrastructure and policies across all agencies of the State and private sector to promote the expansion of telehealth in the State, including: … Coordinating with the department of commerce and consumer affairs and department of business, economic development, and tourism on broadband connectivity

Hawaii

2011

Act 151, Session Laws of Hawaii 2011

Section 2 (Regulatory authority)

Category: Competition and regulation

Topic: Regulatory authority

Temporarily exempts broadband infrastructure from permitting requirements and Public Utilities Commission regulation.

State Code

From January 1, 2012 to January 1, 2017, actions relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, incluing the interconnection of telecommunications cables, shall be exempt from county permitting requirements, state permitting and approval requirements … and public utilities commission rules.

Hawaii

2011

Act 151, Session Laws of Hawaii 2011

Section 2 (Permitting)

Category: Infrastructure access

Topic: Permitting

Temporarily exempts broadband infrastructure from permitting requirements and Public Utilities Commission regulation.

State Code

From January 1, 2012 to January 1, 2017, actions relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, incluing the interconnection of telecommunications cables, shall be exempt from county permitting requirements, state permitting and approval requirements … and public utilities commission rules.

Hawaii

2010

Act 199, Session Laws of Hawaii 2010

Section 1 (Goal)

Category: Broadband programs

Topic: Goal

Sets state broadband goals

State Code

Meeting the following goals is critical for Hawaii to compete successfully in the global economy of the twenty-first century: (1) Ensure access to broadband communications for all households, businesses, and organziations throughout Hawaii by 2012 at speeds and prices comparable to the average speeds and prices availabe in the top three performing countries in the world. (2) Increase availability of advanced broadband communications service on a competitive basis to reduce prices, increase service penetration and improve service to all persons in Hawaii. (3) Increase broadband availability at affordable costs to low-income and other disadvantaged groups, including making low-cost, broadband capable computers availabe to eligible recipients. (4) Increase sharing of the infrastructure used to deploy broadband to speed up implementation … (5) Increase flexible, timely, and responsible access to public rights-of-way and public facilities for broadband service providers; and (6) Develop a more streamlined permit approval process.

Hawaii

2010

Act 199, Session Laws of Hawaii 2010

Telework promotion and broadband assistance advisory council (Task force)

Category: Broadband programs

Topic: Task force

Creates a broadband assistance advisory council.

State Code

The administrator of the cable television division of the department of commerce and consumer affairs shall convene and chair the broadband assistance advisory council

Hawaii

2010

Act 199, Session Laws of Hawaii 2010

Work group; establishment; reporting (Task force)

Category: Broadband programs

Topic: Task force

Creates a work group to streamline permitting practices.

State Code

The administrator of the cable television division of the department of commerce and consumer affairs shall convene a work group to develop procedures for streamlined permitting functions that are applicable to the development of broadband services and broadband technology.

Hawaii

2010

Act 199, Session Laws of Hawaii 2010

Section 1 (Legislative intent)

Category: Other

Topic: Legislative intent

Declares the Legislature’s recognition of the importance of broadband

State Code

The legislature finds that advanced broadband services are essential infrastructure for an innovation economy and a knowledge society in the twenty-first century. …

Hawaii

2018

Executive Order 18-02

Net Neutrality

Category: Competition and regulation

Topic: Net neutrality

Requires state agencies to contract only with internet service providers who support and practice net neutrality principles. Directs all state agencies to add contract language to state procurement requirements to address following of net neutrality principles by state suppliers of telecommunications, internet, broadband, and data communication services.

State Code

WHEREAS, the people of Hawai’i expect and rely on the freedom to be connect to all the website, applications and content they desire, without filtering, blocking, prioritization, or throttling of content by Internet Service Providers (ISPs) — a guiding principle called, “net neutrality,”…WHEREAS, net neutrality closes Hawai’i’s distance between other states and countries, connecting our islands, which are located in the middle of the Pacific Ocean, to the rest of the world, benefiting our economy, commerce and communities by keeping our state open to innovation and economic growth; and WHEREAS, Hawai’i’s government delivers many services through the internet, and imposing restrictions on internet service may affect the quality and availability of such services to its citizens; and…WHERAS, The State of Hawai’i is a significant purchaser of internet services; NOW, THEREFORE, by the authority vested in my by the United States Constitution and the laws of the State of Hawai’i, and in order to preserve the basic principle of the free and open exchange of information, secured by a free and open Internet without interference by ISPs for the people of Hawai’i, I, DAVID Y. IGE, Governor of the State of Hawai’i, do hereby determine and order as follows: 1. I direct all State government agencies to contract Internet-related series only with ISPs who demonstrate and contractually agree to support and practice net neutrality principles where all Internet traffic is treated equally. 2. I direct all state agencies, including the Department of Accounting and General Services and State Procurement Office, as the lead procurement agency, to add contract language and provisions to State procurement requirements that suppliers of telecommunications, Internet, broadband, and data communication service shall abide by net neutrality principles, as described herein.

Hawaii

2016

Hawaii Rev. Stat. 201H-191.5

Regional state infrastructure subaccounts

Category: Funding and financing

Topic: Fund - Other (Economic Development and Infrastructure)

Authorizes the Hawaii Housing Finance and Development Corporation to establish a regional state infrastructure subaccount within the Dwelling Unit Revolving Fund at the request of a county. Revenues in the subaccount can be used to make grants and loans to state agencies and loans to counties or private developers for infrastructure improvements, including broadband. The funds must go toward capital improvement projects approved by the relevant state agency, county council, or mayor. Grants and loans can be used for planning, design, feasibility studies, construction, and materials, but cannot be used for maintenance and repair costs unless these repairs would also upgrade system capacity.

State Code

(a) The corporation, upon request by a county, may establish and operate a regional state infrastructure subaccount within the dwelling unit revolving fund established pursuant to section 201H-191 for the benefit of the housing and mixed-use transit-oriented development projects within the county. (b) Each regional state infrastructure subaccount shall consist of the following sources of revenue: (1) Moneys received by the corporation from counties for the repayment of the loan principal and the payment of simple interest from various assessments or fees from special improvement districts, improvement districts, tax increment financing districts, community facilities districts, and other areas where property value increases are captured over periods of time for the purposes of infrastructure financing; (2) Appropriations from the legislature; (3) Federal grants and subsidies to the State or counties; (4) Private investments; and (5) Voluntary contributions. (c) The corporation shall expend revenues in the subaccounts to make grants and loans to state agencies, and loans to counties or private developers, for the costs, in whole or in part, of infrastructure improvements that would increase the capacity of the infrastructure facilities, including regional sewer systems, water systems, drainage systems, roads, and telecommunications and broadband. Grants and loans shall be made only for capital improvement projects approved by the respective county council and mayor, or state agency, as applicable, with a view towards planned growth rather than upkeep and maintenance. (d) Eligible costs shall include those for planning, design, feasibility studies, construction, and materials. No grant or loan shall be made: (1) For maintenance or repair costs unless the construction would simultaneously increase the carrying capacity of the infrastructure facility; or (2) Solely for mass transit or electrical utilities. The corporation may also expend revenues in the subaccounts to repay private investors for their investment plus any interest accrued on their investments made into the subaccounts to finance, in whole or in part, infrastructure improvements that would increase the capacity of the infrastructure facilities, including regional sewer systems, water systems, drainage systems, roads, and telecommunications and broadband. (e) The corporation may accept improved land from the counties or private developers in repayment of their loans. (f) The corporation shall adopt rules in accordance with chapter 91 for the purposes of this section.

Hawaii

2018

Hawaii Rev. Stat. 206N

Wireless broadband and communications networks

Category: Infrastructure access

Topic: Small cell facilities

Addresses applications by communications service providers to deploy small wireless facilities to modified or replaced state or county utility poles. Prohibits the state or counties from regulating or prohibiting the deployment of small cell facilities or associated utility poles used for co-location except as provided in this chapter. Requires small wireless facilities and associated utility poles to be classified as permitted uses and not subject to zoning review or approval if they are in the right of way in any zone or outside the right of way in property not exclusively zoned for conservation. Prohibits the state or counties from entering into an exclusive agreement for using the right of way for construction or co-location of small wireless facilities. Allows the state or counties to condition approval of facilities on state or county property on pre-established and nondiscriminatory design and co-location standards.

Allows reasonable design measures in a history district as long as they are technically feasible, nondiscriminatory, and do not have the effect of prohibiting the provider’s technology. Allows the state or county to require a provider to repair damage to the right of way. Allows the state or county to require the applicant to obtain one or more permits to co-locate or install a small wireless facility in the right of way. Outlines requirements for applicants and state or counties, including review timelines. Outlines allowable reasons for denial of a permit. Requires state and counties to permit co-location of their utility poles and requires co-location rates to be reasonable, nondiscriminatory, and competitively neutral. Requires the state and counties to adopt and modify laws and regulations no later than July 1, 2019, to comply with this chapter.

State Code

(a) Subject to subsection (b), this chapter shall apply only to activities of a communications service provider to deploy small wireless facilities and to modified or replaced state or county utility poles associated with small wireless facilities. Except as to the state or county permitting authority related to utility poles, this chapter shall not be construed to apply to: (1) Utility poles or other utility infrastructure solely owned by investor-owned utility companies; (2) Investor owned utility companies' utility poles in which the State or county has an ownership interest; (3) Airport buildings; or (4) Buildings whose use is principally for public safety purposes.(b) Notwithstanding any other provision to the contrary, small wireless facilities shall not interfere with public safety, law enforcement, or emergency communications. To the extent an interference is identified by the State, county, or a communications service provider, it shall be resolved pursuant to the applicable requirements and procedures of the Federal Communications Commission following written notification of an interference.

Hawaii

2014

Hawaii Rev. Stat. 226-10.5

Objectives and policies for the economy—information industry

Category: Other

Topic: Legislative intent

Addresses broadband and wireless communication capability and infrastructure as foundations for an innovative economy and leader for the Pacific Region. States the policy to promote efforts to make high-speed communication available to all residents and businesses in Hawaii and to achieve the highest possible speeds within the state and between Hawaii and the rest of the world; to encourage infrastructure development and expansion; to support the development of new businesses in the information industry; to encourage companies to allow employees to live and work in Hawaii; and to provide training to Hawaii residents to work in the information industry.

State Code

(a) Planning for the State's economy with regard to telecommunications and information technology shall be directed toward recognizing that broadband and wireless communication capability and infrastructure are foundations for an innovative economy and positioning Hawaii as a leader in broadband and wireless communications and applications in the Pacific Region. (b) To achieve the information industry objective, it shall be the policy of this State to: (1) Promote efforts to attain the highest Speed of electronic and wireless communication within Hawaii and between Hawaii and the world, and make high speed communication available to all residents and businesses in Hawaii; (2) Encourage the continued development and expansion of the telecommunications infrastructure serving Hawaii to accommodate future growth and innovation in Hawaii's economy; (3) Facilitate the development of new or innovative business and service ventures in the information industry which will provide employment opportunities for the people of Hawaii; (4) Encourage mainland- and foreign-based companies of all sizes, whether information technology-focused or not, to allow their principals, employees, or contractors to live in and work from Hawaii, using technology to communicate with their headquarters, offices, or customers located out-of-state; (5) Encourage greater cooperation between the public and private sectors in developing and maintaining a well-designed information industry; (6) Ensure that the development of new businesses and services in the industry are in keeping with the social, economic, and physical needs and aspirations of Hawaii's people; (7) Provide opportunities for Hawaii's people to obtain job training and education that will allow for upward mobility within the information industry; (8) Foster a recognition of the contribution of the information industry to Hawaii's economy; and (9) Assist in the promotion of Hawaii as a broker, creator, and processor of information in the Pacific.

Hawaii

2014

Hawaii Rev. Stat. 226-103

Economic priority guidelines

Category: Other

Topic: Legislative intent

Defines economic priority guidelines for state policy, including promoting the development of the information industry though the establishment of an information network with broadband and wireless infrastructure and technology to support economic growth and diversification and the encouragement of the location and colocation of wireless facilities within communities.

State Code

(g) Priority guidelines to promote the development of the information industry: (1) Establish an information network, with an emphasis on broadband and wireless infrastructure and capability, that will serve as the foundation of and catalyst for overall economic growth and diversification in Hawaii. (2) Encourage the development of services such as financial data processing, a products and services exchange, foreign language translations, telemarketing, teleconferencing, a twenty-four-hour international stock exchange, international banking, and a Pacific Rim management center. (3) Encourage the development of small businesses in the information field such as software development; the development of new information systems, peripherals, and applications; data conversion and data entry services; and home or cottage services such as computer programming, secretarial, and accounting services. (4) Encourage the development or expansion of educational and training opportunities for residents in the information and telecommunications fields. (5) Encourage research activities, including legal research in the information and telecommunications fields. (6) Support promotional activities to market Hawaii's information industry services. (7) Encourage the location or co-location of telecommunication or wireless information relay facilities in the community, including public areas, where scientific evidence indicates that the public health, safety, and welfare would not be adversely affected

Hawaii

no date

Hawaii Rev. Stat. 269-40

Access to advanced services

Category: Broadband programs

Topic: Agency

Tasks the public utilities commission with ensuring that all consumers have nondiscriminatory, reasonable, and equitable access to high-quality information services.

State Code

The commission shall ensure that all consumers are provided with nondiscriminatory, reasonable, and equitable access to high quality telecommunications network facilities and capabilities that provide subscribers with sufficient network capacity to access information services that provide a combination of voice, data, image, and video.

Hawaii

2013

Hawaii Rev. Stat. 27-45

Broadband-related permits; automatic approval

Category: Infrastructure access

Topic: Permitting

Requires the state to approve, approve with modification, or disapprove all applications for permits required to install, improve, construct, or develop broadband infrastructure, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road right of way, and undersea boring or the landing of an undersea communications cable, within 60 days. If the application is not reviewed within this time frame, it is deemed approved. For applications within conservation districts, the timeline is extended to 145 days.

State Code

(a) The State shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee; provided that this subsection shall not apply to a conservation district use application for broadband facilities. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the State, the application shall be deemed approved by the State. (b) The State shall approve, approve with modification, or disapprove use applications for broadband facilities within the conservation district within one hundred forty-five days of submission of a complete application and full payment of any applicable fee. If, on the one hundred forty-sixth day, an application is not approved, approved with modification, or disapproved by the State, the application shall be deemed approved by the State. (c) Permits issued pursuant to this section shall contain the following language: "This is a broadband-related permit issued pursuant to section 27-45, Hawaii Revised Statutes." (d) An applicant and a public utility shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology. (e) No action shall be prosecuted or maintained against the State, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving a permit application pursuant to this section, or against public utilities resulting from such actions. (f) The sixty day time period established by subsection (a) shall be extended in the event of a natural disaster, state emergency, or union strike that prevents the applicant, agency, or department from fulfilling application review requirements. (g) If an application is incomplete, the State shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The sixty-first day automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice. (h) Nothing in this section shall affect the provisions of section 3 of Act 151, Session Laws of Hawaii 2011. (i) For the purposes of this section, "broadband-related permits" means all state permits required to commence actions with respect to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road rights-of-way, and undersea boring, or the landing of an undersea communications cable. The term does not include any state permit for which the approval of a federal agency is explicitly required pursuant to federal law, rule, or regulation, prior to granting final permit approval by the State.

Hawaii

2014

Hawaii Rev. Stat. 440G-11.5

Other duties of the director; broadband services

Category: Broadband programs

Topic: Agency

Establishes broadband as a responsibility of the Director of Commerce and Consumer Affairs. Defines responsibilities as promoting telework; advising state agencies and counties on the planning, development, and administration of telework programs and policies; supporting efforts to expand deployment of advanced telecommunications technologies, including broadband; making recommendations to expand broadband to unserved and underserved areas; and advocating for broadband deployment. Requires the director to submit an annual report to the Legislature.

State Code

(a) In conjunction with broadband services, the director shall: (1) Promote and encourage use of telework alternatives for public and private employees, including appropriate policy and legislative initiatives; (2) Advise and assist state agencies, and upon request of the counties, advise and assist the counties, in planning, developing, and administering programs, projects, plans, policies, and other activities to promote telecommuting by employees of state and county agencies; (3) Support the efforts of both public and private entities in Hawaii to enhance or facilitate the deployment of, and access to, competitively priced, advanced electronic communications services, including broadband and its products and services and internet access services of general application throughout Hawaii; (4) Make recommendations to establish affordable, accessible broadband services to unserved and underserved areas of Hawaii and monitor advancements in communications that will facilitate this goal; (5) Advocate for, and facilitate the development and deployment of, expanded broadband applications, programs, and services, including telework, telehealth, and e-learning, that will bolster the usage of and demand for broadband level telecommunications; (6) Serve as a broadband information and applications clearinghouse for the State and a coordination point for federal American Recovery and Reinvestment Act of 2009broadbandNext Hit-related services and programs; and (7) Promote, advocate, and facilitate the implementation of the findings and recommendations of the Hawaii broadband task force established by Act 2, First Special Session Laws of Hawaii 2007. [(b)] The director shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on the department's efforts to us broadband and its products and services to develop and expand telework initiatives, including telework participation levels and trends of both private and public sector employees in Hawaii. [(c)] The department of commerce and consumer affairs shall report annually to the legislature, no later than twenty days prior to the convening of each regular session, on the receipt and expenditure of federal moneys from the American Recovery and Reinvestment Act of 2009, and moneys from other federal appropriation measures or applicable federal acts, for the purposes of purchasing broadband facilities, services, or equipment or for entering into contracts for broadband related projects by all state agencies for all state agencies approval. [(d)] Pursuant to [section] 440G-12(d), the director may appoint and employ engineers, accountants, attorneys, and professional, clerical, stenographic, or other assistants, as required, with or without regard to chapter 76.

Hawaii

2012

Hawaii Rev. Stat. 440J-1

Definitions (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (As defined by FCC or U.S. Code)

Defines broadband access or service as an always on service that enables end users to access the internet at minimum speeds established by the Federal Communications Commission.

State Code

"Broadband access or broadband service" means an "always-on" service that includes but is not limited to computer processing capabilities, information provision, and computing interactivity with data transport, enabling end users to access the Internet and use a variety of applications at minimum speeds established by the Federal Communications Commission.

Hawaii

2012

Hawaii Rev. Stat. 440J-1

Definitions (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (As defined by FCC or U.S. Code)

Defines broadband speed threshold as the highest speed threshold defined in the most recent progress report issued by the Federal Communications Commission.

State Code

“Broadband speed threshold” means the highest speed threshold defined or established in the most recent broadband progress report issued by the Federal Communications Commission to Congress.

Hawaii

2012

Hawaii Rev. Stat. 440J-1

Definitions (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (Defined by technology, not speed)

Defines broadband infrastructure as the medium used to provide broadband access or service, including both terrestrial and wireless technologies.

State Code

"Broadband infrastructure" means the medium used to provide broadband access or broadband service, including fiber optic cable, copper cable, coaxial cable, and wireless media, such as satellite communications, wi-fi, and worldwide interoperability for microwave access.

Hawaii

2012

Hawaii Rev. Stat. 440J-2

Informational reports

Category: Broadband programs

Topic: Mapping

Requires providers to file reports for each county with census-block level data on broadband speed and the monthly price charged for broadband if purchased unbundled and without discounts on an annual basis. Also requires a tax-map of parcels that cannot be serviced at the defined broadband speed threshold in a census block.

State Code

(a) Beginning on March 1, 2013, and on every March 1 thereafter, every provider, except for commercial mobile radio service providers, shall file with the department, in a form as prescribed by the director, separate reports for each county that include, over the most recent thirty-day period and without any other personal or private information, the following: (1) Broadband access availability aggregated at the census-block level and detailed as a percentage of households, addresses, or tax map key parcels that cannot be serviced in a census-block at the broadband speed threshold; and (2) The monthly price charged for the broadband service if purchased individually without any discounts. (b) Beginning on March 1, 2013, and on every March 1 thereafter, commercial mobile radio service providers shall file with the department data and information that is the same as and not inconsistent with information filed with the Federal Communications Commission.

Hawaii

2012

Hawaii Rev. Stat. 440J-3

Confidential information

Category: Broadband programs

Topic: Mapping

Requires data provided under section 440J-2 to be kept confidential but allows the data to be aggregated and disclosed as a map that prevents provider identification.

State Code

(a) Notwithstanding chapter 92F, statements and reports provided to the department pursuant to section 440J-2, and the data contained therein, shall be kept confidential; provided 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. (b) Unless otherwise provided by law, the department shall be prohibited from: (1) Using the information furnished or obtained for any purpose other than the purposes for which it is supplied; and (2) Making any publication whereby the data furnished by any person can be identified. (c) The department shall: (1) Ensure the security and confidentiality of the information; (2) Protect against any anticipated threats or hazards to the security or integrity of the information; and (3) Protect against unauthorized access to or use of the information that could result in personal or competitive harm to individuals or providers.

Hawaii

2013

Hawaii Rev. Stat. 46-89

Broadband-related permits; automatic approval

Category: Infrastructure access

Topic: Permitting

Requires counties to approve, approve with modification, or disapprove all applications for permits required for installing, improving, constructing, or developing broadband infrastructure, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road right of way, and undersea boring or the landing of an undersea communications cable, within 60 days. If the application is not reviewed within this time frame, it is deemed approved.

State Code

(a) A county shall approve, approve with modification, or disapprove all applications for broadband-related permits within sixty days of submission of a complete permit application and full payment of any applicable fee. If, on the sixty-first day, an application is not approved, approved with modification, or disapproved by the county, the application shall be deemed approved by the county. (b) Permits issued pursuant to this section shall contain the following language: "This is a broadband-related permit issued pursuant to section 46-89, Hawaii Revised Statutes." (c) An applicant and a public utility shall comply with all applicable safety and engineering requirements relating to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology. (d) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken in reviewing, approving, modifying, or disapproving a permit application pursuant to this section, or against public utilities resulting from such actions. (e) The sixty day time period established by subsection (a) shall be extended in the event of a natural disaster, state emergency, or union strike that prevents the applicant, agency, or department from fulfilling application review requirements. (f) If an application is incomplete, the county agency shall notify the applicant in writing within ten business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The sixty-first day automatic approval provisions under subsection (a) shall continue to apply to the application only if the applicant satisfies the specific requirements of the notice and submits a complete application within five business days of receipt of the notice. (g) Nothing in this section shall affect the provisions of section 3 of Act 151, Session Laws of Hawaii 2011. (h) For the purposes of this section, "broadband-related permits" means all county permits required to commence actions with respect to the installation, improvement, construction, or development of infrastructure relating to broadband service or broadband technology, including the interconnection of telecommunications cables, cable installation, tower construction, placement of broadband equipment in the road rights-of-way, and undersea boring, or the landing of an undersea communications cable. The term does not include any county permit for which the approval of a federal agency is explicitly required pursuant to federal law, rule, or regulation, prior to granting final permit approval by the county.

Idaho

2019

Executive Order No. 2019-07

Idaho Broadband Task Force

Category: Broadband programs

Topic: Task force

Creates the Idaho Broadband Task Force, which is staffed by the Department of Commerce and is responsible for making recommendations to the governor about how to improve broadband access.

State Code

Now, therefore, I, Brad Little, Governor of the State of Idaho, hereby establish the Idaho Broadband Task Force and the following: 1. The Idaho Broadband Task Force will make recommendations to the Governor on policies and actions the state should take to dramatically improve the state in connectivity and service levels. 2. The duties of the Idaho Broadband Task Force are advisory. 3. The Idaho Broadband Task Force will focus on a statewide approach, ensuring Idaho is properly represented, evaluated, and alternatives analyzed. 4. The Idaho Broadband Task Force will be chaired by the Director of the Idaho Department of Commerce. 5. Idaho Department of Commerce will staff the Idaho Broadband Task Force.

Idaho

2019

Idaho Code Ann. 14-152

Exemption

Category: Competition and regulation

Topic: Cooperatives

Exempts broadband cooperatives from certain aspects of unclaimed property law.

State Code

(1) The following shall be eligible for a certificate of exemption from the administrator. Entities holding a certificate of exemption shall not be subject to the provisions of this chapter, except as set forth in this subsection: _�_ (b) Solely for the purpose of unclaimed capital credits, nonprofit corporations engaged in providing telecommunications or broadband service or delivery of electric.

Idaho

2016

Idaho Code Ann. 33-5602

Purpose, findings, and legislative intent—definitions

Category: Other

Topic: Legislative intent

Declares the Legislature’s intention to improve internet access for schools and libraries.

State Code

1) The purpose of this act is to establish a resource for Idaho’s education and library system in providing broadband, wireless local area network (LAN) and related services to students. The legislature finds that Idaho benefits from a consistent and adequate bandwidth connection to and between its districts and schools, inclusive of grades K through 12, and to its libraries.

Idaho

2017

Idaho Code Ann. 33-5604

Education opportunity resource committee—powers and duties

Category: Broadband programs

Topic: Task force

Directs the Education Opportunity Resource Committee to focus on the broadband and wireless local area network (LAN) needs of all e-rate eligible entities, including making recommendations to the Department of Education that include broadband and wireless LAN parameters; collecting and analyzing broadband data from e-rate eligible entities to determine necessary levels of service; and collaborating with other stakeholders to ensure implementation of best practices for broadband and wireless LAN.

State Code

In carrying out its powers and duties set forth in this section, the education opportunity resource committee shall focus on the broadband, wireless LAN and related services needs of all E-rate eligible entities. At a minimum, the committee shall: (1) Make budget and policy recommendations to the state department of education regarding: (a) Broadband parameters; (b) Wireless LAN parameters; (c) Incentives for E-rate eligible entities to obtain the most appropriate service that best fits such entities’ broadband needs and that is fiscally responsible; (d) Incentives for districts to obtain the most appropriate service that best fits their wireless LAN needs and that is fiscally responsible; and (e) The minimum and maximum service levels, the quality of services and the minimum per student or person internet and wireless LAN levels that contracts must adhere to for E-rate eligible entities to be eligible for state reimbursement. (2) Establish reimbursement methodology that includes, but is not necessarily limited to, the following components: (a) Distribution of appropriated moneys to E-rate eligible entities that have received E-rate funding. Distribution of such moneys must be in an amount equal to the non-E-rate reimbursed cost of internet services; (b) If E-rate funding is not available to an E-rate eligible entity for any reason, other than a failure of the entity to apply in good faith for available E-rate funding, reimburse the entity for its internet service costs; (c) Distribution of appropriated moneys remaining, after internet services are fully funded, for wide area networks (WANs). If necessary, the committee shall create an equalization formula for WAN distributions; and (d) Distribution of appropriated moneys for wireless LAN service to districts that either have received E-rate funding or have applied in good faith for E-rate funding. (3) Compile and analyze broadband utilization statistics from E-rate eligible entities to determine the levels of internet services necessary for such entities and report the statistics to the state department of education, and E-rate eligible entities shall cooperate with the committee in carrying out its duty to compile and analyze such information; (4) Advise and recommend resources to assist the state department of education in carrying out its responsibility to provide E-rate application assistance and support to E-rate eligible entities; (5) Not provide legal advice; (6) Collaborate with other relevant governmental and nongovernmental entities to ensure best practices in broadband and wireless LAN are used and to recommend the terms of contracts for broadband, wireless LAN and related services; and (7) Ensure compliance with appropriate purchasing laws.

Idaho

2017

Idaho Code Ann. 33-910

Broadband Infrastructure Improvement Grant Fund—rulemaking—definitions (Fund)

Category: Funding and financing

Topic: Fund

Creates the Broadband Infrastructure Improvement Grant Fund in the state treasury, consisting of legislative transfers and appropriations and monies provided from other governmental sources. The fund will be administered by the Department of Education for grants that cover up to 10 percent of broadband construction project costs for e-rate eligible entities receiving e-rate funding.

State Code

(1) There is hereby created in the state treasury a fund to be known as the broadband infrastructure improvement grant fund. The fund shall consist of moneys made available through legislative transfers or appropriations, and from any other governmental source. Interest earned from the investment of moneys in the fund shall be retained in the fund. Subject to appropriation, moneys in the fund shall be expended by the state department of education to invest in special construction projects for high-speed broadband connections to E-rate eligible entities that receive E-rate funding. (2) The state department of education shall create and make available a grant application form for moneys in the fund. The state department may determine eligibility qualifications and applicant priority. Any E-rate eligible entity may apply to the state department for a grant from the fund for up to ten percent (10%) of the cost of an eligible special construction project. (3) The state board of education may promulgate rules to implement the provisions of this section. Such rules shall be consistent with the federal communications commission’s second E-rate modernization order that provides for additional category one funding up to ten percent (10%) to match state funding for special construction charges for high-speed broadband connections. (4) For the purposes of this section, "E-rate eligible entity" means Idaho public schools grades K through 12, the Idaho digital learning academy, the Idaho department of juvenile corrections education programs, the school for the deaf and the blind and the Idaho public libraries.

Idaho

2016

Idaho Code Ann. 33-910

Broadband Infrastructure Improvement Grant Fund - Rulemaking - Definitions (State Universal Service Fund)

Category: Funding and financing

Topic: State Universal Service Fund (Schools and Libraries)

Creates the Broadband Infrastructure Improvement Grant Fund, which provides up to a 10 percent match for eligible entities applying for E-rate funding.

State Code

(1) There is hereby created in the state treasury a fund to be known as the broadband infrastructure improvement grant fund. The fund shall consist of moneys made available through legislative transfers or appropriations, and from any other governmental source. Interest earned from the investment of moneys in the fund shall be retained in the fund. Subject to appropriation, moneys in the fund shall be expended by the state department of education to invest in special construction projects for high-speed broadband connections to E-rate eligible entities that receive E-rate funding. (2) The state department of education shall create and make available a grant application form for moneys in the fund. The state department may determine eligibility qualifications and applicant priority. Any E-rate eligible entity may apply to the state department for a grant from the fund for up to ten percent (10%) of the cost of an eligible special construction project. (3) The state board of education may promulgate rules to implement the provisions of this section. Such rules shall be consistent with the federal communications commission_��s second E-rate modernization order that provides for additional category one funding up to ten percent (10%) to match state funding for special construction charges for high-speed broadband connections. (4) For the purposes of this section, "E-rate eligible entity" means Idaho public schools grades K through 12, the Idaho digital learning academy, the Idaho department of juvenile corrections education programs, the school for the deaf and the blind and the Idaho public libraries.

Idaho

2015

Idaho Code Ann. 63-3029B

Income tax credit for capital investment

Category: Funding and financing

Topic: Tax incentives

Creates an income tax credit at a maximum amount of 3 percent of qualified investments for the taxable year, which can be applied to qualified capital investments, including investment in broadband equipment as defined in section 63-3029I.

State Code

(1) At the election of the taxpayer there shall be allowed, subject to the applicable limitations provided herein as a credit against the income tax imposed by chapter 30, title 63, Idaho Code, an amount equal to the sum of: (a) The tax credit carryovers; and (b) The tax credit for the taxable year. (2) The maximum allowable amount of the credit for the current taxable year shall be three percent (3%) of the amount of qualified investments made during the taxable year. (3) As used in this section "qualified investment" means certain property which: (a) (i) Is eligible for the federal investment tax credit, as defined in sections 46(c) and 48 of the Internal Revenue Code subject to the limitations provided for certain regulated companies in section 46(f) of the Internal Revenue Code and is not a motor vehicle under eight thousand (8,000) pounds gross weight; or (ii) Is qualified broadband equipment as defined in section 63-3029I, Idaho Code; and (b) Is acquired, constructed, reconstructed, erected or placed into service after December 31, 1981; and (c) Has a situs in Idaho as determined under subsection (9) of this section.

Idaho

2005

Idaho Code Ann. 63-3029I

Income tax credit for investment in broadband equipment

Category: Funding and financing

Topic: Tax incentives

Establishes an income tax credit for spending on qualified broadband equipment at an amount of 3 percent of the investment. Broadband equipment is qualified if it can transmit signals at Speed of 200 kilobits per second (Kbps) download and 125 Kbps upload. Defines requirements for equipment claimed by telecommunications carriers, commercial mobile service carriers, cable systems operators, satellite carriers, and other wireless carriers. Excludes equipment primarily used to provide service to public customers. Requires the taxpayer claiming the credit to apply to the Public Utilities Commission for an order that confirms the equipment as qualified broadband equipment. Credits claimed cannot exceed the lessor of the amount of taxes due or $750,000.

State Code

(1) Subject to the limitations of this section, for taxable years beginning after January 1, 2001, there shall be allowed to a taxpayer a nonrefundable credit against taxes imposed by sections 63-3024, 63-3025 and 63-3025A, Idaho Code, for qualified expenditures in qualified broadband equipment in Idaho. (2) The credit permitted in subsection (1) of this section shall be three percent (3%) of the qualified investment in qualified broadband equipment in Idaho and shall be in addition to the credit for capital investment permitted by section 63-3029B, Idaho Code. (3) As used in this section the term: (a) "Qualified investment" shall be as defined in section 63-3029B, Idaho Code. (b) "Qualified broadband equipment" means equipment that qualifies for the credit for capital investment permitted by section 63-3029B, Idaho Code, and is capable of transmitting signals at a rate of at least two hundred thousand (200,000) bits per second to a subscriber and at least one hundred twenty-five thousand (125,000) bits per second from a subscriber, and (i) In the case of a telecommunications carrier, such qualifying equipment shall be necessary to the provision of broadband service and an integral part of a broadband network. "Telecommunications carrier" has the meaning given such term by section 47 U.S.C. 153 of the communications act of 1934, as amended, but does not include a commercial mobile service provider. (ii) In the case of a commercial mobile service carrier, such qualifying equipment shall extend from the subscriber side of the mobile telecommunications switching office to a transmitting/receiving antenna, including such antenna, on the outside of the structure in which the subscriber is located. "Commercial mobile service carrier" means any person authorized to provide commercial mobile radio service to subscribers as defined in section 20.3 of title 47, Code of Federal Regulations (10-1-99 ed.), as amended. (iii) In the case of a cable or open video system operator, such qualifying equipment shall extend from the subscriber’s side of the headend to the outside of the structure in which the subscriber is located. The terms "cable operator" and "open video system operator" have the meanings given such terms by sections 602(5) and 653, respectively, of the communications act of 1934, as amended. (iv) In the case of a satellite carrier or a wireless carrier other than listed above, such qualifying equipment is only that equipment that extends from a transmitting/receiving antenna, including such antenna, which transmits and receives signals to or from multiple subscribers to a transmitting/receiving antenna on the outside of the structure in which the subscriber is located. "Satellite carrier" means any person using the facilities of a satellite or satellite services licensed by the federal communications commission and operating a fixed-satellite service or direct broadcast satellite services to provide point-to-multipoint distribution of signals. "Other wireless carrier" means any person, other than a telecommunications carrier, commercial mobile service carrier, cable operator, open video operator, or satellite carrier, providing broadband services to subscribers through the radio transmission of energy. (v) In the case of packet switching equipment, such packet equipment installed in connection with other qualifying equipment listed in subsections (3)(b)(i) through (3)(b)(iv) of this section, provided it is the last in a series of equipment that transmits signals to a subscriber or the first in a series of equipment that transmits signals from a subscriber. "Packet switching" means controlling or routing the path of a digital transmission signal which is assembled into packets or cells. (vi) In the case of multiplexing and demultiplexing equipment, such equipment only to the extent that it is deployed in connection with providing broadband services in locations between packet switching equipment and the structure in which the subscriber is located. "Multiplexing" means the transmission of two (2) or more signals over a communications circuit without regard to the communications technology. (vii) Any property not primarily used to provide services in Idaho to public subscribers is not qualified broadband equipment. (4) No equipment described in subsections (3)(b)(i) through (3)(b)(vi) of this section shall qualify for the credit provided in subsection (1) of this section until the taxpayer applies to and obtains from the Idaho public utilities commission an order confirming that the installed equipment is qualified broadband equipment. Applications submitted to the commission shall be governed by the commission’s rules of procedure. The commission may issue procedural orders necessary to implement this section. (5) The credit allowed by subsection (1) of this section together with any credits carried forward under subsection (7) of this section shall not, in any one (1) taxable year, exceed the lesser of: (a) The amount of tax due under sections 63-3024, 63-3025 and 63-3025A, Idaho Code, after allowance for all other credits permitted by this chapter; or (b) Seven hundred fifty thousand dollars ($750,000). When credits earned in more than one (1) taxable year are available, the oldest credits shall be applied first. (6) In the case of a group of corporations filing a combined report under subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member of the group but not used by that member may be used by another member of the group, subject to the provisions of subsection (7) of this section, instead of carried over. For a combined group of corporations, credit carried forward may be claimed by any member of the group unless the member who earned the credit is no longer included in the combined group. (7) If the credit allowed by subsection (1) of this section exceeds the limitation under subsection (5) of this section, the excess amount may be carried forward for a period that does not exceed the next fourteen (14) taxable years. (8) In the event that qualified broadband equipment upon which the credit allowed by this section has been used ceases to qualify for the credit allowed by section 63-3029B, Idaho Code, or is subject to recapture of that credit, the recapture of credit under this section shall be in the same proportion and subject to the same provisions as the amount of credit required to be recaptured under section 63-3029B, Idaho Code. (9) (a) Subject to the requirements of this subsection, a taxpayer who earns and is entitled to the credit or to an unused portion of the credit allowed by this section may transfer all or a portion of the unused credit to: (i) Another taxpayer required to file a return under this chapter; or (ii) To an intermediary for its use or for resale to a taxpayer required to file a return under this chapter. In the event of either such a transfer, the transferee may claim the credit on the transferee’s income tax return originally filed during the calendar year in which the transfer takes place and, in the case of carryover of the credit, on the transferee’s returns for the number of years of carryover available to the transferor at the time of the transfer unless earlier exhausted. (b) Before completing a transfer under this subsection, the transferor shall notify the state tax commission of its intention to transfer the credit and the identity of the transferee. The state tax commission shall provide the transferor with a written statement of the amount of credit available under this section as then appearing in the commission’s records and the number of years the credit may be carried over. The transferee shall attach a copy of the statement to any return in regard to which the transferred credit is claimed. (c) In the event that after the transfer the state tax commission determines that the amount of credit properly available under this section is less than the amount claimed by the transferor of the credit or that the credit is subject to recapture, the commission shall assess the amount of overstated or recaptured credit as taxes due from the transferor and not the transferee. The assessment shall be made in the manner provided for a deficiency in taxes under this chapter. (10) In addition to other needed rules, the state tax commission may promulgate rules prescribing, in the case of S corporations, partnerships, trusts or estates, a method of attributing the credit under this section to the shareholders, partners or beneficiaries in proportion to their share of the income from the S corporation, partnership, trust or estate.

Idaho

2013

Idaho Code Ann. 67-4734

Idaho Opportunity Fund

Category: Funding and financing

Topic: Fund - Other (Economic Development and Infrastructure)

Creates the Idaho Opportunity Fund in the state treasury. It consists of legislative appropriations, repayment of funds that were improperly disbursed pursuant to the agreement, and gifts, grants, or other donations to support the retention and expansion of existing businesses and recruitment of new businesses. The fund is administered by the Department of Commerce and can be used by local governments for infrastructure upgrades, including broadband.

State Code

There is hereby created in the state treasury the Idaho opportunity fund. Moneys in the Idaho opportunity fund may be expended by the Idaho department of commerce, pursuant to the provisions of this act, to assist in securing commitments for the retention and expansion of existing businesses and recruitment of new businesses.(1) Moneys deposited in the fund. The following amounts shall be deposited in the fund.(a) Any amounts appropriated by the legislature for the fund for purposes described by this section;(b) Repayment of any moneys originally distributed from the fund that were improperly disbursed pursuant to the company performance agreement or the local government grant agreement; and (c) Gifts, grants and other donations received for the fund. (2) Use of funds. Moneys in the Idaho opportunity fund may be allocated to local governments for any lawful purpose consistent with the intent of this act, which purposes shall include: (a) Construction of or improvements to new or existing water, sewer, gas or electric utility systems for new or existing buildings to be used for industrial or commercial operations;(b) Flood zone or environmental hazard mitigation; and (c) Construction, upgrade or renovation of other infrastructure related items including, but not limited to, railroads, broadband, parking lots, roads or other public costs that are directly related to specific job creation or expansion projects.

Illinois

2007

20 Ill. Comp. Stat. 2712/5-10

Broadband access on passenger rail plan

Category: Broadband programs

Topic: Plan

Directs the Department of Transportation to deliver a plan for ensuring that broadband is available on Illinois passenger rail systems at fair and reasonable prices to the governor and General Assembly by Dec. 31, 2007.

State Code

The Department shall deliver to the Governor and General Assembly a plan for ensuring high speed data transmission services on all passenger rail systems in Illinois at fair and reasonable prices no later than December 31, 2007. The plan shall include recommendations for acquiring necessary rights of way, installation of necessary infrastructure, operation of high speed data transmission services, and funding sources.

Illinois

2017

220 Ill. Comp Stat 5/13-804

Broadband investment (Regulatory authority)

Category: Competition and regulation

Topic: Regulatory authority

States that the Illinois Commerce Commission will not regulate broadband services, including rates, terms, conditions, quality of service, availability, and classification. Gives the Illinois Commerce Commission authority to access the data provided under 20/661-20. This section is scheduled to sunset on Dec. 31, 2020.

State Code

Notwithstanding other provisions of this Article: (A) the Commission shall have the authority to certify providers of wireless services, including, but not limited to, private radio service, public mobile service, or commercial mobile service, as those terms are defined in 47 U.S.C. 332 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter, to provide telecommunications services in Illinois; (B) the Commission shall have the authority to certify providers of wireless services, including, but not limited to, private radio service, public mobile service, or commercial mobile service, as those terms are defined in 47 U.S.C. 332 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter, as eligible telecommunications carriers in Illinois, as that term has the meaning prescribed in 47 U.S.C. 214 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter; (C) the Commission shall have the authority to register providers of fixed or non-nomadic Interconnected VoIP service as Interconnected VoIP service providers in Illinois in accordance with Section 401.1 of this Article; (D) the Commission shall have the authority to require providers of Interconnected VoIP service to participate in hearing and speech disability programs; and (E) the Commission shall have the authority to access information provided to the non-profit organization under Section 20 of the High Speed Internet Services and Information Technology Act, provided the Commission enters into a proprietary and confidentiality agreement governing such information. Except to the extent expressly permitted by and consistent with federal law, the regulations of the Federal Communications Commission, this Article, Article XXI or XXII of this Act, or this amendatory Act of the 96th General Assembly, the Commission shall not regulate the rates, terms, conditions, quality of service, availability, classification, or any other aspect of service regarding (i) broadband services, (ii) Interconnected VoIP services, (iii) information services, as defined in 47 U.S.C. 153(20) on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter, or (iv) wireless services, including, but not limited to, private radio service, public mobile service, or commercial mobile service, as those terms are defined in 47 U.S.C. 332 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter.

Illinois

2017

220 Ill. Comp Stat 5/13-804

Broadband investment (Legislative intent)

Category: Other

Topic: Legislative intent

States that investing in broadband is critical for creating and retaining jobs and that removing regulatory uncertainty will stimulate private-sector investment.

State Code

Increased investment into broadband infrastructure is critical to the economic development of this State and a key component to the retention of existing jobs and the creation of new jobs. The removal of regulatory uncertainty will attract greater private-sector investment in broadband infrastructure.

Illinois

no date

220 Ill. Comp Stat. 5/21-1101

Requirements to provide video services

Category: Competition and regulation

Topic: Service provision (SP) - Other

Addresses requirements to provide video services under a state-issued authorization. These include that a provider cannot deny access to service to potential residential subscribers because of race or income in the area where potential subscribers live. Creates an obligation for franchise holders to provide low-income service. Requires providers subject to subsection c of this section to provide wireline broadband services to 90 percent of subscribers within their service area by Dec. 31, 2008 or to pay $15 million to the Digital Divide Elimination Infrastructure Fund or any successor fund within 30 days.

State Code

(a) The holder of a State-issued authorization shall not deny access to cable service or video service to any potential residential subscribers because of the race or income of the residents in the local area in which the potential subscribers reside. (b) (Blank).(c)(1) If the holder of a State-issued authorization is using telecommunications facilities to provide cable or video service and has more than 1,000,000 telecommunications access lines in this State, the holder shall provide access to its cable or video service to a number of households equal to at least 35% of the households in the holder's telecommunications service area in the State within 3 years after the date a holder receives a State-issued authorization from the Commission and to a number not less than 50% of these households within 5 years after the date a holder receives a State-issued authorization from the Commission; provided that the holder of a State-issued authorization is not required to meet the 50% requirement in this paragraph (1) until 2 years after at least 15% of the households with access to the holder's video service subscribe to the service for 6 consecutive months. The holder's obligation to provide such access in the State shall be distributed, as the holder determines, within 3 designated market areas, one in each of the northeastern, central, and southwestern portions of the holder's telecommunications service area in the State. The designated market area for the northeastern portion shall consist of 2 separate and distinct reporting areas: (i) a city with more than 1,000,000 inhabitants, and (ii) all other local units of government on a combined basis within such designated market area in which it offers video service. If any state, in which a holder subject to this subsection (c) or one of its affiliates provides or seeks to provide cable or video service, adopts a law permitting state-issued authorization or statewide franchises to provide cable or video service that requires a cable or video provider to offer service to more than 35% of the households in the cable or video provider's service area in that state within 3 years, holders subject to this subsection (c) shall provide service in this State to the same percentage of households within 3 years of adoption of such law in that state. Furthermore, if any state, in which a holder subject to this subsection (c) or one of its affiliates provides or seeks to provide cable or video service, adopts a law requiring a holder of a state-issued authorization or statewide franchises to offer cable or video service to more than 35% of its households if less than 15% of the households with access to the holder's video service subscribe to the service for 6 consecutive months, then as a precondition to further build-out, holders subject to this subsection (c) shall be subject to the same percentage of service subscription in meeting its obligation to provide service to 50% of the households in this State. (2) Within 3 years after the date a holder receives a State-issued authorization from the Commission, at least 30% of the total households with access to the holder's cable or video service shall be low-income. Within each designated market area listed in paragraph (1) of this subsection (c), the holder's obligation to offer service to low-income households shall be measured by each exchange, as that term is defined in Section 13-206 of this Act in which the holder chooses to provide cable or video service. The holder is under no obligation to serve or provide access to an entire exchange; however, in addition to the statewide obligation to provide low-income access provided by this Section, in each exchange in which the holder chooses to provide cable or video service, the holder shall provide access to a percentage of low-income households that is at least equal to the percentage of the total low-income households within that exchange.

Illinois

2016

220 Ill. Comp Stat. 70/15

Crossing fee

Category: Infrastructure access

Topic: Right of way (Railroad)

Sets a one-time crossing fee of $1,500 for each crossing for a utility, including a broadband provider, that locates its facilities in a railroad right of way owned by a land management company and not registered to a rail carrier. The fee is in lieu of license, permit, or application fees. The utility is also required to reimburse the rail carrier for flagging expenses.

State Code

Unless otherwise agreed by the parties and subject to Section 20, a utility that locates its facilities within the railroad right-of-way for a crossing, other than a crossing along the public roads of the State pursuant to the Telephone Line Right of Way Act, shall pay the land management company a one-time standard crossing fee of $1,500 for each crossing plus the costs associated with modifications to existing insurance contracts of the utility and the land management company. The standard crossing fee shall be in lieu of any license, permit, application, or any other fees or charges to reimburse the land management company for the direct expenses incurred by the land management company as a result of the crossing. The utility shall also reimburse the land management company or rail carrier for any actual flagging expenses associated with a crossing in addition to the standard crossing fee.

Illinois

2018

220 Ill. Comp Stat. 80-5

Legislative findings and purpose

Category: Other

Topic: Legislative intent

Addresses legislative intent related to the expansion of broadband infrastructure in Illinois, including recognizing that many rural areas and some urban neighborhoods remain unserved and that fair and equitable access to broadband is essential to education, civic engagement, economic development, health care, aging in place, and farming, and that it is necessary to promote policies that increase broadband access and adoption.

State Code

The General Assembly finds as follows: (1) a goal of the State of Illinois is to make available to its citizens affordable, reliable, and state-of-the-art Internet communications through the expansion, extension, and general availability of broadband services and technology, and to encourage the adoption of broadband by all citizens; (2) that, although broadband access has been extended to many areas of the State, many rural areas remain unserved and, although many neighborhoods in urban and suburban areas have broadband options, some urban neighborhoods remain unserved; (3) that fair and equitable access to 21st century technology is essential to (A) maximize the functionality of educational resources and educational facilities that enable our children and adults to receive the best of future teaching and learning, (B) civic engagement, (C) economic development, (D) access to state-of-the-art health care, (E) aging in place, (F) participation in a global economy, and (G) the State's farming communities; and (4) accordingly, it is the purpose of the General Assembly to provide for the development of policies to promote (A) extending broadband access to citizens of Illinois and (B) eliminating barriers to widespread adoption of broadband Internet access.

Illinois

no date

220 Ill. Comp. Stat. 5/13-301.1

Universal Telephone Service Assistance Program

Category: Funding and financing

Topic: State Universal Service Fund (Lifeline)

Establishes the Universal Telephone Service Assistance Program within the Illinois Commerce Commission, which provides discounts and assistance to low-income residential customers of telephone and broadband services.

State Code

(a) The Commission shall by rule or regulation establish a Universal Telephone Service Assistance Program for low income residential customers. The program shall provide for a reduction of access line charges, a reduction of connection charges, or any other alternative assistance or program to increase accessibility to telephone service and broadband Internet access service that the Commission deems advisable subject to the availability of funds for the program as provided in subsections (d) and (e). The Commission shall establish eligibility requirements for benefits under the program.

Illinois

2017

220 Ill. Comp. Stat. 5/13-301.2

Program to Foster Elimination of the Digital Divide

Category: Funding and financing

Topic: Fund

Requires telecommunications carriers providing local exchange services to notify end-user customers that they can participate in funding the Program to Foster Elimination of the Digital Divide by contributing a fixed amount on their monthly bill. The amount contributed by customers will be remitted by the telecommunications provider to the Department of Commerce and Economic Opportunity for deposit in the Digital Divide Elimination Fund.

State Code

The Commission shall require by rule that each telecommunications carrier providing local exchange telecommunications service notify its end-user customers that if the customer wishes to participate in the funding of the Program to Foster Elimination of the Digital Divide he or she may do so by electing to contribute, on a monthly basis, a fixed amount that will be included in the customer's monthly bill. The obligations imposed in this Section shall not be imposed upon a telecommunications carrier for any of its end-users subscribing to the services listed below: (1) private line service which is not directly or indirectly used for the origination or termination of switched telecommunications service, (2) cellular radio service, (3) high-speed point-to-point data transmission at or above 9.6 kilobits, (4) the provision of telecommunications service by a company or person otherwise subject to subsection (c) of Section 13-202 to a telecommunications carrier, which is incidental to the provision of service subject to subsection (c) of Section 13-202; (5) pay telephone service; or (6) interexchange telecommunications service. The customer may cease contributing at any time upon providing notice to the telecommunications carrier. The notice shall state that any contribution made will not reduce the customer's bill for telecommunications services. Failure to remit the amount of increased payment will reduce the contribution accordingly. The Commission shall specify the monthly fixed amount or amounts that customers wishing to contribute to the funding of the Program to Foster Elimination of the Digital Divide may choose from in making their contributions. A telecommunications carrier subject to this obligation shall remit the amounts contributed by its customers to the Department of Commerce and Economic Opportunity for deposit in the Digital Divide Elimination Fund at the intervals specified in the Commission rules.

Illinois

2017

220 Ill. Comp. Stat. 5/13-301.3

Digital Divide Elimination Infrastructure Program

Category: Funding and financing

Topic: Fund

Creates the Digital Divide Elimination Infrastructure Fund, to be used by the Illinois Commerce Commission to fund construction of facilities as specified through commission rules and the accessible electronic information program. Funds are subject to legislative appropriation and the commission may also accept public and private money to add to it. Directs the commission to establish rules for grants from the fund, which should consider whether residents and businesses are underserved by advanced telecommunications services, among other factors.

State Code

(a) The Digital Divide Elimination Infrastructure Fund is created as a special fund in the State treasury. All moneys in the Fund shall be used, subject to appropriation, by the Commission to fund (i) the construction of facilities specified in Commission rules adopted under this Section and (ii) the accessible electronic information program, as provided in Section 20 of the Accessible Electronic Information Act. The Commission may accept private and public funds, including federal funds, for deposit into the Fund. Earnings attributable to moneys in the Fund shall be deposited into the Fund. (b) The Commission shall adopt rules under which it will make grants out of funds appropriated from the Digital Divide Elimination Infrastructure Fund to eligible entities as specified in the rules for the construction of high-speed data transmission facilities in eligible areas of the State. For purposes of determining whether an area is an eligible area, the Commission shall consider, among other things, whether (i) in such area, advanced telecommunications services, as defined in subsection (c) of Section 13-517 of this Act, are under-provided to residential or small business end users, either directly or indirectly through an Internet Service Provider, (ii) such area has a low population density, and (iii) such area has not yet developed a competitive market for advanced services. In addition, if an entity seeking a grant of funds from the Digital Divide Elimination Infrastructure Fund is an incumbent local exchange carrier having the duty to serve such area, and the obligation to provide advanced services to such area pursuant to Section 13-517 of this Act, the entity shall demonstrate that it has sought and obtained an exemption from such obligation pursuant to subsection (b) of Section 13-517. Any entity seeking a grant of funds from the Digital Divide Elimination Infrastructure Fund shall demonstrate to the Commission that the grant shall be used for the construction of high-speed data transmission facilities in an eligible area and demonstrate that it satisfies all other requirements of the Commission's rules. The Commission shall determine the information that it deems necessary to award grants pursuant to this Section. (c) The rules of the Commission shall provide for the competitive selection of recipients of grant funds available from the Digital Divide Elimination Infrastructure Fund pursuant to the Illinois Procurement Code. Grants shall be awarded to bidders chosen on the basis of the criteria established in such rules. (d) All entities awarded grant moneys under this Section shall maintain all records required by Commission rule for the period of time specified in the rules. Such records shall be subject to audit by the Commission, by any auditor appointed by the State, or by any State officer authorized to conduct audits.

Illinois

2017

220 Ill. Comp. Stat. 5/13-502.5

Services alleged to be improperly classified

Category: Funding and financing

Topic: Fund

Requires telecommunications carriers that are subject to an action or proceeding that alleges that the carrier has improperly classified services as competitive to pay $15 million to the Digital Divide Elimination Fund pursuant to 30 Ill. Comp. Stat. 780/5-20 and an additional $15 million to the Digital Divide Elimination Infrastructure Fund pursuant to 220 Ill. Comp. Stat. 5/13-502.5. Payments were to be made in three installments on July of each year from 2002 through2004. This section is scheduled to sunset Dec. 31, 2020.

State Code

(a) Any action or proceeding pending before the Commission upon the effective date of this amendatory Act of the 92nd General Assembly in which it is alleged that a telecommunications carrier has improperly classified services as competitive, other than a case pertaining to Section 13-506.1, shall be abated and shall not be maintained or continued. (b) All retail telecommunications services provided to business end users by any telecommunications carrier subject, as of May 1, 2001, to alternative regulation under an alternative regulation plan pursuant to Section 13-506.1 of this Act shall be classified as competitive as of the effective date of this amendatory Act of the 92nd General Assembly without further Commission review. Rates for retail telecommunications services provided to business end users with 4 or fewer access lines shall not exceed the rates the carrier charged for those services on May 1, 2001. This restriction upon the rates of retail telecommunications services provided to business end users shall remain in force and effect through July 1, 2005; provided, however, that nothing in this Section shall be construed to prohibit reduction of those rates. Rates for retail telecommunications services provided to business end users with 5 or more access lines shall not be subject to the restrictions set forth in this subsection. (c) All retail vertical services, as defined herein, that are provided by a telecommunications carrier subject, as of May 1, 2001, to alternative regulation under an alternative regulation plan pursuant to Section 13-506.1 of this Act shall be classified as competitive as of June 1, 2003 without further Commission review. Retail vertical services shall include, for purposes of this Section, services available on a subscriber's telephone line that the subscriber pays for on a periodic or per use basis, but shall not include caller identification and call waiting. (d) Any action or proceeding before the Commission upon the effective date of this amendatory Act of the 92nd General Assembly, in which it is alleged that a telecommunications carrier has improperly classified services as competitive, other than a case pertaining to Section 13-506.1, shall be abated and the services the classification of which is at issue shall be deemed either competitive or noncompetitive as set forth in this Section. Any telecommunications carrier subject to an action or proceeding in which it is alleged that the telecommunications carrier has improperly classified services as competitive shall be deemed liable to refund, and shall refund, the sum of $90,000,000 to that class or those classes of its customers that were alleged to have paid rates in excess of noncompetitive rates as the result of the alleged improper classification. The telecommunications carrier shall make the refund no later than 120 days after the effective date of this amendatory Act of the 92nd General Assembly. (e) Any telecommunications carrier subject to an action or proceeding in which it is alleged that the telecommunications carrier has improperly classified services as competitive shall also pay the sum of $15,000,000 to the Digital Divide Elimination Fund established pursuant to Section 5-20 of the Eliminate the Digital Divide Law, and shall further pay the sum of $15,000,000 to the Digital Divide Elimination Infrastructure Fund established pursuant to Section 13-301.3 of this Act. The telecommunications carrier shall make each of these payments in 3 installments of $5,000,000, payable on July 1 of 2002, 2003, and 2004. The telecommunications carrier shall have no further accounting for these payments, which shall be used for the purposes established in the Eliminate the Digital Divide Law.

Illinois

no date

220 Ill. Comp. Stat. 5/16-108.5

Infrastructure investment and modernization; regulatory reform

Category: Competition and regulation

Topic: Service provision (SP) - Other

Allows a participating utility (a utility serving more than 1 million customers in Illinois that voluntarily undertakes an infrastructure investment program meeting defined obligations) to develop and maintain broadband systems and the delivery of broadband services to provide electric delivery and smart grid functionality but cannot offer broadband services to its retail customers.

State Code

(i) While a participating utility may use, develop, and maintain broadband systems and the delivery of broadband services, voice-over-internet-protocol services, telecommunications services, and cable and video programming services for use in providing delivery services and Smart Grid functionality or application to its retail customers, including, but not limited to, the installation, implementation and maintenance of Smart Grid electric system upgrades as defined in Section 16-108.6 of this Act, a participating utility is prohibited from offering to its retail customers broadband services or the delivery of broadband services, voice-over-internet-protocol services, telecommunications services, or cable or video programming services, unless they are part of a service directly related to delivery services or Smart Grid functionality or applications as defined in Section 16-108.6 of this Act, and from recovering the costs of such offerings from retail customers.

Illinois

2017

220 Ill. Comp. Stat. 5/21-101

Findings

Category: Other

Topic: Legislative intent

Addresses statewide cable and video franchising, stating that the state authorization process and uniform standards and procedures are intended to facilitate market entry by competitive providers, to enable consumer choice, reduce prices, increase broadband speeds, and facilitate innovation in broadband technologies. This section is scheduled to sunset on Dec. 31, 2020.

State Code

With respect to cable and video competition, the General Assembly finds that: (a) The economy in the State of Illinois will be enhanced by investment in new communications, cable services, and video services infrastructure, including broadband facilities, fiber optic, and Internet protocol technologies. (b) Cable services and video services bring important daily benefits to Illinois consumers by providing news, education, and entertainment. (c) Competitive cable service and video service providers are capable of providing new video programming services and competition to Illinois consumers and of decreasing the prices for video programming services paid by Illinois consumers. (d) Although there has been some competitive entry into the facilities-based video programming market since current franchising requirements in this State were enacted, further entry by facilities-based providers could benefit consumers, provided cable and video services are equitably available to all Illinois consumers at reasonable prices. (e) The provision of competitive cable services and video services is a matter of statewide concern that extends beyond the boundaries of individual local units of government. Notwithstanding the foregoing, public rights-of-way are limited resources over which the municipality has a custodial duty to ensure that they are used, repaired, and maintained in a manner that best serves the public interest. (f) The State authorization process and uniform standards and procedures in this Article are intended to enable rapid and widespread entry by competitive providers, which will bring to Illinois consumers the benefits of video competition, including providing consumers with more choice, lower prices, higher speed and more advanced Internet access, more diverse and varied news, public information, education, and entertainment programming, and will bring to this State and its local units of government the benefits of new infrastructure investment, job growth, and innovation in broadband and Internet protocol technologies and deployment. (g) Providing an incumbent cable or video service provider with the option to secure a State-issued authorization through the termination of existing cable franchises between incumbent cable and video service providers and any local franchising authority is part of the new regulatory framework established by this Article. This Article is intended to best ensure equal treatment and parity among providers and technologies.

Illinois

2017

220 Ill. Comp. Stat. 5/21-1201

Multiple-unit dwellings; interference with holder prohibited

Category: Competition and regulation

Topic: Service provision (SP) - Other

Prohibits the owner or an agent or representative of a multiple-residential unit dwelling from interfering with the right of a tenant to receive cable or a related service, including broadband, from a holder of a state-issued authorization. The property owner may require compensation for property access for installation, operation, and maintenance. Access to and use of the property must be provided to cable providers in a nondiscriminatory manner. This section is schedule to sunset on Dec. 31, 2020.

State Code

(a) Neither the owner of any multiple-unit residential dwelling nor an agent or representative nor an assignee, grantee, licensee, or similar holders of rights, including easements, in any multiple-unit residential dwelling (the "owner, agent or representative") shall unreasonably interfere with the right of any tenant or lawful resident thereof to receive cable service or video service installation or maintenance from a holder of a State-issued authorization, or related service that includes, but is not limited to, voice service, Internet access or other broadband services (alone or in combination) provided over the holder's cable services or video services facilities; provided, however, the owner, agent, or representative may require just and reasonable compensation from the holder for its access to and use of such property to provide installation, operation, maintenance, or removal of such cable service or video service or related services. For purposes of this Section, "access to and use of such property" shall be provided in a nondiscriminatory manner to all cable and video providers offering or providing services at such property and includes common areas of such multiple-unit dwelling, inside wire in the individual unit of any tenant or lawful resident thereof that orders or receives such service and the right to use and connect to building infrastructure, including but not limited to existing cables, wiring, conduit or inner duct, to provide cable service or video service or related services. If there is a dispute regarding the just compensation for such access and use, the owner, agent, or representative shall obtain the payment of just compensation from the holder pursuant to the process and procedures applicable to an owner and franchisee in subsections (c), (d), and (e) of Section 11-42-11.1 of the Illinois Municipal Code (65 ILCS 5/11-42-11.1). (b) Neither the owner of any multiple-unit residential dwelling nor an agent or representative shall ask, demand, or receive any additional payment, service, or gratuity in any form from any tenant or lawful resident thereof as a condition for permitting or cooperating with the installation of a cable service or video service or related services to the dwelling unit occupied by a tenant or resident requesting such service. (c) Neither the owner of any multiple-unit residential dwelling nor an agent or representative shall penalize, charge, or surcharge a tenant or resident, forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable service or video service or related services from a holder. (d) Nothing in this Section shall prohibit the owner of any multiple-unit residential dwelling nor an agent or representative from requiring that a holder's facilities conform to reasonable conditions necessary to protect safety, functioning, appearance, and value of premises or the convenience and safety of persons or property. (e) The owner of any multiple-unit residential dwelling or an agent or representative may require a holder to agree to indemnify the owner, or his agents or representatives, for damages or from liability for damages caused by the installation, operation, maintenance, or removal of cable service or video service facilities. (f) For purposes of this Section, "multiple-unit dwelling" or "such property" means a multiple dwelling unit building (such as an apartment building, condominium building, or cooperative) and any other centrally managed residential real estate development (such as a gated community, mobile home park, or garden apartment); provided however, that multiple-unit dwelling shall not include time share units, academic campuses and dormitories, military bases, hotels, rooming houses, prisons, jails, halfway houses, nursing homes or other assisted living facilities, and hospitals.

Illinois

2017

220 Ill. Comp. Stat. 5/21-201

Definitions

Category: Definitions

Topic: Definition - Broadband (Speed of 1.5 Mbps or less)

Defines broadband as a high-speed connection to the internet at speeds greater than 200 kilobits per second in at least one direction at the demarcation point at the subscriber’s premises.

State Code

(c) "Broadband service" means a high speed service connection to the public Internet capable of supporting, in at least one direction, a speed in excess of 200 kilobits per second (kbps) to the network demarcation point at the subscriber's premises.

Illinois

2018

220 Ill. Comp. Stat. 80/10

Definitions (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (Defined by technology, not speed)

Defines broadband as lines or wireless channels that terminate at an end-user location and allow the end user to send or receive data from the internet.

State Code

"Broadband" or "broadband service" means lines (or wireless channels) that terminate at an end-user location and enable the end-user to receive information from or send information to the Internet.

Illinois

2018

220 Ill. Comp. Stat. 80/10

Definitions (Definition - Unserved)

Category: Definitions

Topic: Definition - Unserved

Defines an unserved area as a community that has no broadband service.

State Code

"Unserved area" means a community that has no access to broadband service.

Illinois

2018

220 Ill. Comp. Stat. 80/15

Broadband Advisory Council; members of council; administrative support (Agency)

Category: Broadband programs

Topic: Agency

Creates a Broadband Advisory Council to be housed in and supported by the Department of Commerce and Economic Opportunity. Defines the council’s composition and meeting schedule.

State Code

(a) The Broadband Advisory Council is hereby established. The Department of Commerce and Economic Opportunity shall house the Council and provide administrative, personnel, and technical support services. (b) The Council shall consist of the following 21 voting members: (1) the Director of Commerce and Economic Opportunity or his or her designee, who shall serve as chair of the Council; (2) the Secretary of Innovation and Technology or his or her designee; (3) the Director of Aging or his or her designee; (4) the Attorney General or his or her designee; (5) the Chairman of the Illinois Commerce Commission or his or her designee; (6) one member appointed by the Director of Healthcare and Family Services to represent the needs of disabled citizens; (7) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing electric cooperatives; (8) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the executive director of a statewide organization representing municipalities; (9) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing libraries; (10) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing public housing authorities; (11) one member appointed by the Chair of the Illinois Community College Board; (12) one member appointed by the Chair of the Illinois Board of Higher Education; and (13) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of the State's largest general farm organization; (14) one member appointed by the Director of Aging and nominated by an organization representing Illinois' senior population with a membership of at least 1,500,000; (15) seven members to represent broadband providers for 3-year terms appointed by the Governor as follows: (A) one member representing an incumbent local exchange carrier that serves rural areas; (B) one member representing an incumbent local exchange carrier that serves urban areas; (C) one member representing wireless carriers that offer broadband Internet access; (D) one member representing cable companies that serve Illinois; (E) one member representing a statewide rural broadband association; (F) one member representing a telecommunications carrier issued a certificate of public convenience and necessity or a certificate of service authority from the Illinois Commerce Commission, whose principal place of business is located in east central Illinois and who is engaged in providing broadband access in rural areas through the installation of broadband lines that connect telecommunications facilities to other telecommunications facilities or to end-users; and (G) one member representing satellite providers; (c) In addition to the 21 voting members of the Council, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall each appoint one non-voting member of the Council. (d) All voting and non-voting members must be appointed within 90 days after the effective date of this Act. (e) The members shall select a vice chair from their number. In the absence of the chair, the vice chair shall serve as chair. The Council shall appoint a secretary-treasurer who need not be a member of the Council and who, among other tasks or functions designated by the Council, shall keep records of its proceedings. (f) The Council may appoint working groups to investigate and make recommendations to the full Council. Members of these working groups need not be members of the Council. (g) Seven voting members of the Council constitute a quorum, and the affirmative vote of a simple majority of those members present is necessary for any action taken by vote of the Council. (h) The Council shall conduct its first meeting within 30 days after all members have been appointed. The Council shall meet quarterly after its first meeting. Additional hearings and public meetings are permitted at the discretion of the members. The Council may meet in person or through video or audio conference. (i) Members shall serve without compensation and may be reimbursed for reasonable expenses incurred in the performance of their duties from funds appropriated for that purpose.

Illinois

2018

220 Ill. Comp. Stat. 80/15

Broadband Advisory Council; members of council; administrative support (Task force)

Category: Broadband programs

Topic: Task force

Creates a Broadband Advisory Council to be housed in and supported by the Department of Commerce and Economic Opportunity. Defines the council’s composition and meeting schedule.

State Code

(a) The Broadband Advisory Council is hereby established. The Department of Commerce and Economic Opportunity shall house the Council and provide administrative, personnel, and technical support services. (b) The Council shall consist of the following 21 voting members: (1) the Director of Commerce and Economic Opportunity or his or her designee, who shall serve as chair of the Council; (2) the Secretary of Innovation and Technology or his or her designee; (3) the Director of Aging or his or her designee; (4) the Attorney General or his or her designee; (5) the Chairman of the Illinois Commerce Commission or his or her designee; (6) one member appointed by the Director of Healthcare and Family Services to represent the needs of disabled citizens; (7) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing electric cooperatives; (8) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the executive director of a statewide organization representing municipalities; (9) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing libraries; (10) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of a statewide organization representing public housing authorities; (11) one member appointed by the Chair of the Illinois Community College Board; (12) one member appointed by the Chair of the Illinois Board of Higher Education; and (13) one member appointed by the Director of Commerce and Economic Opportunity and nominated by the president of the State's largest general farm organization; (14) one member appointed by the Director of Aging and nominated by an organization representing Illinois' senior population with a membership of at least 1,500,000; (15) seven members to represent broadband providers for 3-year terms appointed by the Governor as follows: (A) one member representing an incumbent local exchange carrier that serves rural areas; (B) one member representing an incumbent local exchange carrier that serves urban areas; (C) one member representing wireless carriers that offer broadband Internet access; (D) one member representing cable companies that serve Illinois; (E) one member representing a statewide rural broadband association; (F) one member representing a telecommunications carrier issued a certificate of public convenience and necessity or a certificate of service authority from the Illinois Commerce Commission, whose principal place of business is located in east central Illinois and who is engaged in providing broadband access in rural areas through the installation of broadband lines that connect telecommunications facilities to other telecommunications facilities or to end-users; and (G) one member representing satellite providers; (c) In addition to the 21 voting members of the Council, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall each appoint one non-voting member of the Council. (d) All voting and non-voting members must be appointed within 90 days after the effective date of this Act. (e) The members shall select a vice chair from their number. In the absence of the chair, the vice chair shall serve as chair. The Council shall appoint a secretary-treasurer who need not be a member of the Council and who, among other tasks or functions designated by the Council, shall keep records of its proceedings. (f) The Council may appoint working groups to investigate and make recommendations to the full Council. Members of these working groups need not be members of the Council. (g) Seven voting members of the Council constitute a quorum, and the affirmative vote of a simple majority of those members present is necessary for any action taken by vote of the Council. (h) The Council shall conduct its first meeting within 30 days after all members have been appointed. The Council shall meet quarterly after its first meeting. Additional hearings and public meetings are permitted at the discretion of the members. The Council may meet in person or through video or audio conference. (i) Members shall serve without compensation and may be reimbursed for reasonable expenses incurred in the performance of their duties from funds appropriated for that purpose.

Illinois

2018

220 Ill. Comp. Stat. 80/20

Powers and duties of the council generally

Category: Broadband programs

Topic: Task force

Defines the Broadband Advisory Council’s powers and duties. They include exploring options to expand broadband availability to end users; identifying barriers to adoption among residents and small businesses; researching methods to eliminate barriers to adoption; evaluating broadband availability for low-income households compared to other households; exploring the potential to increase the use of broadband across multiple sectors and for aging in place; and encouraging local governments and public housing authorities to expand the use of broadband services to better serve the public. Also tasks the council with monitoring broadband activity in other states and receiving input from broadband stakeholders. Directs the council to make recommendations to the General Assembly and governor on expanding availability in unserved rural and unserved urban areas and improving adoption and proposing statutory changes that may result in expanded broadband. Requires the council to submit an annual report to the General Assembly.

State Code

(a) The Council shall: (1) explore any and all ways to expand the availability to end-user customers of broadband services using available technologies, including, but not limited to, wireline, wireless, fixed wireless, and satellite applications; (2) identify barriers to broadband adoption among the residents and small businesses of Illinois; (3) research ways to eliminate barriers to adoption through measures such as: digital literacy programs; programs to assist older citizens in using broadband Internet access; programs to facilitate adoption by disabled citizens; and programs to encourage collaborative efforts among public universities, community colleges, libraries, public housing, and other institutions; (4) assess the availability of broadband for low-income households compared to the availability of broadband for other households; (5) explore the potential for increased use of broadband service for the purposes of education, career readiness, workforce preparation, and alternative career training; (6) explore the potential for increased use of broadband services to facilitate aging in place; (7) explore ways for encouraging State and municipal agencies, including public housing authorities, to expand the use of broadband services for the purpose of better serving the public, including audio and video streaming, voice-over Internet protocol, teleconferencing, and wireless networking; (8) cooperate and assist in the expansion of electronic instruction and distance education services; and (9) as the Federal Communications Commission updates the benchmark downstream data rates and upstream data rates, publish the revised data rates in the Illinois Register within 60 days after the federal update. (b) In addition to the powers set forth elsewhere in this Act, the Council is hereby granted the powers necessary to carry out the purpose and intent of this Act, as enumerated in this Section, including, but not limited to: (1) promoting awareness of public facilities that have community broadband access that can be used for distance education and workforce development; and (2) advising on deployment of e-government portals such that all public bodies and political subdivisions have websites and encourage one-stop government access and that all public entities stream audio and video of all public meetings. (c) The Council shall also: (1) monitor the broadband-based development efforts of other states in areas such as business, education, aging in place, and health; (2) receive input provided on a voluntary basis from all Illinois broadband stakeholders and advise the Governor and the General Assembly on policies related to broadband in Illinois, provided that no stakeholders shall be required to publicly disclose competitively sensitive information or information that could compromise network security or undermine the efficacy of reasonable network management practices, and that any such information voluntarily disclosed shall be protected from public disclosure; and (3) serve as the broadband advocate to State agencies and other State entities to communicate the broadband needs of citizens and organizations that do not have access to broadband service or to broadband service adequate for their needs. (d) The Council shall exercise its powers and authority to (1) advise and make recommendations to the General Assembly and the Governor on bringing broadband service to unserved rural and urban areas, (2) advise and make recommendations to the General Assembly and the Governor on facilitating broadband adoption by all citizens, and (3) propose statutory changes that may enhance and expand broadband in the State. (e) The Council shall report to the General Assembly on or before January 1 of each year. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct. The report shall include the action that was taken by the Council during the previous year in carrying out the provisions of this Act. The Council shall also make any other reports as may be required by the General Assembly or the Governor.

Illinois

2019

30 Ill. Comp. Stat. 425/4

Purposes of Bonds

Category: Funding and financing

Topic: Financing - Other

Authorizes the issuance of bonds, one acceptable use of which is to make capital expenditures for broadband deployment and for a statewide broadband deployment grant program.

State Code

Bonds shall be issued for the following purposes and in the approximate amounts as set forth below: (b) $2,122,970,300 for fostering economic development and increased employment and fostering the well being of the citizens of Illinois through community development, including: _�_ the making of capital expenditures and grants for broadband development and for a statewide broadband deployment grant program

Illinois

2017

30 Ill. Comp. Stat. 575/8h

Encouragement for telecom and communications entities to submit supplier diversity reports

Category: Other

Topic: Other

Subjects telecom and communications entities, including broadband providers to this section, which includes the requirement to submit information and data on diversity goals and progress toward achieving those goals to the Illinois Commerce Commission and Business Enterprise Council annually. Diversity reports must include information on annual spending on certified businesses owned by minorities, women, persons with disabilities, and service-disabled veterans, supplier diversity goals and how the entity plans to meet those goals, and beginning with the 2020 report, the percentage of women and minorities providing services for each construction project in the state. Entities subject to this section that do not submit a report will be reported to the Business Enterprise Council to each chief procurement officer and may be prohibited in bidding on state contracts for a period of one year. This section is scheduled to sunset on June 30, 2020.

State Code

(1) The following entities that do business in Illinois or serve Illinois customers shall be subject to this Section: (i) all local exchange telecommunications carriers with at least 35,000 subscriber access lines; (ii) cable and video providers, as defined in Section 21-20l of the Public Utilities Act; (iii) interconnected VoIP providers, as defined in Section 13-235 of the Public Utilities Act; (iv) wireless service providers; (v) broadband internet access services providers; and (vi) any other entity that provides messaging, voice, or video services via the Internet or a social media platform. (2) Each entity subject to this Section may submit to the Illinois Commerce Commission and the Business Enterprise Council an annual report by April 15, 20l8, and every April 15 thereafter, which provides, for the previous calendar year, information and data on diversity goals, and progress toward achieving those goals, by certified businesses owned by minorities, women, persons with disabilities, and service-disabled veterans, provided that if the entity does not track such information and data for businesses owned by service-disabled veterans, the entity may provide information and data for businesses owned by veterans. The diversity report shall include the following: (i) Overall annual spending on all such certified businesses. (ii) A narrative description of the entity's supplier diversity goals and plans for meeting those goals. (iii) The entity's best estimate of its annual spending in professional services and spending with certified businesses owned by minorities, women, persons with disabilities, and service-disabled veterans (or veterans, if the reporting entity does not track spending with service-disabled veterans), including, but not limited to, the following professional services categories: accounting; architecture and engineering; consulting; information technology; insurance; financial, legal, and marketing services; and other professional services. The diversity report shall also include the entity's overall annual spending in the listed professional service categories. For the diversity reports due on April 15, 2018 and April 15, 2019, the information on annual spending with certified businesses for professional services required by this Section may be provided for all professional services on an aggregated basis. (iv) Beginning with the diversity report due on April 15, 2020, the total number and percentage of women and minorities that provided services for each construction project in the State. An entity subject to this Section which is part of an affiliated group of entities may provide information for the affiliated group as a whole. (3) Any entity that is subject to this Section that does not submit a report shall be reported by the Business Enterprise Council to each chief procurement officer. Upon receiving a report from the Business Enterprise Council, the chief procurement officer may prohibit any entities that do not submit a report from bidding on State contracts for a period of one year beginning the first day of the following fiscal year and post on its respective bulletin the names of all entities that fail to comply with the provisions of this Section. (4) A vendor may appeal any of the actions taken pursuant to this Section in the same manner as a vendor denied certification, by following the appeal procedures in the administrative rules created pursuant to this Act.

Illinois

2018

50 Ill. Comp. Stat. 840

Small wireless facilities deployment act

Category: Infrastructure access

Topic: Small cell facilities

States that small cell wireless facilities are essential to delivering wireless access and broadband services to homes, schools, and business in Illinois. Exempts a municipality with a population of 1 million or more from the provisions of this act. Prohibits local governments from prohibiting, regulating, or charging for the co-location of small cell facilities. Requires that small cell facilities be classified as permitted uses and subject only to administrative review if they are in the right of way in any zone or outside the right of way in property zoned for commercial or industrial use. Prohibits the local government from requiring unrelated services from the application, including in-kind contributions. Allows the local government to request site-specific structural integrity and a make-ready analysis for a utility pole, the location of each proposed facility and photographs of the utility pole and its immediate surroundings, specification types and drawings, and the make and model of equipment to be installed, as well as the proposed schedule for installation. However, the local government cannot require placement on any specific utility pole or category of poles. Requires providers to comply with reasonable, technically feasible design measures in a historic district or on a historic landmark, but these requirements cannot have the effect of prohibiting the provider’s technology. Sets timelines for reviewing applications and allows up to 25 facilities to be submitted on a single application. Addresses maximum application fees for co-location and facilities that require new utilities.

State Code

Small wireless facilities are critical to delivering wireless access to advanced technology, broadband, and 9-1-1 services to homes, businesses, and schools in Illinois. Because of the integral role that the delivery of wireless technology plays in the economic vitality of the State of Illinois and in the lives of its citizens, the General Assembly has determined that a law addressing the deployment of wireless technology is of vital interest to the State. To ensure that public and private Illinois consumers continue to benefit from these services as soon as possible and to ensure that providers of wireless access have a fair and predictable process for the deployment of small wireless facilities in a manner consistent with the character of the area in which the small wireless facilities are deployed, the General Assembly is enacting this Act, which specifies how local authorities may regulate the collocation of small wireless facilities.

Illinois

2013

765 Ill. Comp. Stat. 605/14.3

Granting of easement for laying of cable television or high-speed internet cable

Category: Competition and regulation

Topic: Service provision (SP) - Other

Grants an easement for high-speed internet cable for condominiums if more than half of unit owners agree at a meeting called for such a purpose unless different procedures are provided in the condominium instrument.

State Code

Unless the condominium instrument expressly provides for a greater percentage or different procedures a majority of more than 50% of the unit owners at a meeting of unit owners duly called for such purpose may authorize the granting of an easement for the laying of cable television or high speed Internet cable. The grant of such easement shall be according to the terms and conditions of the local ordinance providing for cable television or high speed Internet in the municipality.

Illinois

2018

765 Ill. Comp. Stat. 605/18.4

Powers and duties of board of managers

Category: Competition and regulation

Topic: Service provision (SP) - Other

States that condominium board managers’ duties include recording the granting of an easement for high-speed internet cable and, if available and approved by the condominium board, purchasing bulk high-speed internet service for all condominium units on a bulk identical service and equal cost basis.

State Code

(o) To record the granting of an easement for the laying of cable television or high speed Internet cable where authorized by the unit owners under the provisions of Section 14.3; to obtain, if available and determined by the board to be in the best interests of the association, cable television or bulk high speed Internet service for all of the units of the condominium on a bulk identical service and equal cost per unit basis; and to assess and recover the expense as a common expense and, if so determined by the board, to assess each and every unit on the same equal cost per unit basis.

Illinois

2019

Pub. Act 101-0007, 2019

Department of Commerce and Economic Opportunity (Fund - Broadband)

Category: Funding and financing

Topic: Fund - Broadband

Appropriates $3.4 million from the Build Illinois Bond Fund to the Department of Commerce and Economic Opportunity to make broadband expansion grants and to invest in health information technology, telemedicine, distance learning, and public safety.

State Code

Section 75. The sum of $3,414,314, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 2019, from an appropriation heretofore made for such purpose in Article 138, Section 75 of Public Act 100-0586, as amended, is reappropriated from the Build Illinois Bond Fund to the Department of Commerce and Economic Opportunity for grants and loans including but not limited to broadband deployment to expand and strengthen existing broadband network infrastructure, health information technology, telemedicine, distance learning, and public safety, including prior incurred costs.

Illinois

2019

Pub. Act 101-0007, 2019

Illinois State Board of Education (State Universal Service Fund)

Category: Funding and financing

Topic: State Universal Service Fund (Schools and Libraries)

Appropriates $16.3 million to the Department of Education to provide matching grants for school districts that receive E-rate funding.

State Code

The sum of $16,300,000, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 2019, from an appropriation heretofore made for such purpose in Article 162, Section 145 of Public Act 100-0586, as amended, is reappropriated from the School Infrastructure Fund to the State Board of Education for school district broadband expansion with the goal that all school districts achieve broadband capability by the beginning of the 2020-2021 school year. The funds shall be distributed to school districts that have been approved for broadband expansion funding under the federal Universal Service Program for Schools and Libraries, with school districts without high speed Internet access receiving priority with respect to the distribution of those funds.

Illinois

2019

Pub. Act 101-0029, 2019

Department of Commerce and Economic Opportunity

Category: Funding and financing

Topic: Fund - Broadband

Appropriates $400 million to the Department of Commerce and Economic Opportunity to make broadband expansion grants and to invest in health information technology, telemedicine, distance learning, and public safety.

State Code

Section 30. The sum of $100,000,000, or so much thereof as may be necessary, is appropriated from the Build Illinois Bond Fund to the Department of Commerce and Economic Opportunity for grants and loans including but not limited to broadband deployment to expand and strengthen existing broadband network infrastructure, health information technology, telemedicine, distance learning, and public safety, including prior incurred costs.

Section 35. The sum of $300,000,000, or so much thereof as may be necessary, is appropriated from the Rebuild Illinois Projects Fund to the Department of Commerce and Economic Opportunity for grants and loans including but not limited to broadband deployment to expand and strengthen existing broadband network infrastructure, health information technology, telemedicine, distance learning, and public safety, including prior incurred costs.

Indiana

2017

Ind. Code 32-30-16-17

Broadband internet service made available by electricity supplier; separate legal entity or accounting system required; annual audit; allocation method; confidential or proprietary information

Category: Competition and regulation

Topic: Service provision (SP) - Other

Defines requirements for an electricity supplier that is providing broadband internet service, including forming a separate legal entity, maintaining a separate accounting system, and undergoing an annual audit.

State Code

(a) This section: (1) applies only to an electricity supplier that uses the procedures set forth in this chapter; and (2) does not apply to: (A) an electricity supplier; (B) a subsidiary of an electricity supplier; or (C) any other affiliated entity of an electricity supplier; that does not use the procedures set forth in this chapter. (b) An electricity supplier described in subsection (a)(1) shall, either acting by itself or in conjunction with one (1) or more other entities: (1) form a separate legal entity; or (2) maintain a separate accounting system; with respect to the provision of broadband Internet service that is made available by the electricity supplier, alone or in conjunction with one (1) or more other legal entities, within all or any part of the electricity supplier's electric service territory in accordance with this chapter (c) An entity that provides broadband Internet service under subsection (b), whether that entity is a separate legal entity formed under subsection (b)(1) or an electricity supplier acting alone or in conjunction with one or more other legal entities, shall cause to be performed an annual audit of the entity's financial records concerning only the provision of broadband Internet service by the entity. A summary of the audit results required under this subsection shall be made available to a member of the electricity supplier described in subsection (a)(1) upon request. An entity that provides broadband Internet service under this chapter, including any affiliated electricity supplier of the electricity supplier described in subsection (a)(1), has discretion in choosing an allocation method for recording any: (1) expenses; (2) income; (3) assets; (4) liabilities; or (5) other financial items; including those related to electric facilities that are or may be used for the provision of broadband Internet service in accordance with this chapter. (d) This section may not be construed to require an electricity supplier or an entity that provides broadband Internet service under subsection (b) to disclose to any person, member, or entity any confidential or proprietary information that is not otherwise available in the public domain.

Indiana

2017

Ind. Code 32-30-16-8

Installing new communications infrastructure or making capacity available through existing infrastructure; written notice to property owner required; contents; electricity supplier's plan for making broadband internet service available; delivery of notice; duty to resend notice; resetting of time period for bringing cause of action; confidential information; no liability for broadband plan

Category: Infrastructure access

Topic: IA - Other

Requires an electricity supplier installing new communications infrastructure, including broadband—or making a communications service available through existing communications infrastructure within an electric easement—to notify the property owner of the supplier’s intent to install new infrastructure or make capacity for communication service available within the easement and explain the supplier’s right to record a new easement. For broadband, the notification includes a written plan for making broadband service available within the service territory, including a map of the proposed area for broadband service, a proposed timeline for making service available, and the cost impacts on the electricity supplier’s members.

State Code

(a) This section applies to an electricity supplier that: (1) installs new communications infrastructure; or (2) makes capacity available for communications service through existing communications infrastructure; within an electric easement under this chapter. (b) As used in this section, "notice" means a written letter: (1) that is sent by first class mail by the electricity supplier to the property owner; and (2) that includes the following information: (A) The name, address, and telephone number of the electricity supplier, along with a named point of contact for the electricity supplier.(B) Either: (i) the address and name associated with the impacted property; or (ii) if the name of the property owner is not known by the electricity supplier, the address associated with the affected property, with the letter addressed to "The property owner of (street address, city, state, and ZIP code of the affected property)". (C) A citation to this chapter. (D) A statement indicating the electricity supplier's intent to: (i) install new communications infrastructure; or (ii) make capacity available for communications service through existing communications infrastructure; as applicable, within the electric easement. (E) An estimate of when: (i) installation of new communications infrastructure will occur; or (ii) communications service will be made available through existing communications infrastructure; as applicable, within the electric easement. (F) A statement explaining the electricity supplier's right to record a new easement under section 14 of this chapter. (G) A summary of the property owner's right to obtain an appraisal under section 11 of this chapter and to bring an action under section 12 of this chapter, including: (i) a statement of the time limit for bringing an action, as set forth in section 10 of this chapter; and (ii) a statement explaining that the property owner is precluded from exercising the rights that are otherwise available to the property owner under sections 11 and 12 of this chapter if the property owner signs an agreement, a master agreement, or an affidavit described in section 9 of this chapter. (H) Subject to subsections (f) and (g), a written plan for making broadband Internet service available within the electricity supplier's electric service territory, including the following information, to the extent the information is available to and known by the electricity supplier: (i) A description of the proposed area or areas in which the broadband Internet service is to be made available. (ii) A map of the proposed area or areas identified under item (i). (iii) A proposed timetable for making broadband Internet service available in the area or areas identified under item (i). (iv) A statement as to whether the electricity supplier, an affiliated entity, or a third party would provide the broadband Internet service to be made available. (v) The anticipated costs to the electricity supplier's members of any infrastructure necessitated by the plan. (c) An electricity supplier shall provide notice to a property owner upon whose property the electricity supplier will: (1) install new communications infrastructure; or (2) make capacity available for communications service through existing communications infrastructure; within an electric easement under this chapter. An electricity supplier's provision of a notice that substantially conforms to the requirements set forth in subsection (b) constitutes the provision of notice for purposes of this section. (d) Delivery of notice under this section occurs on the date upon which the notice is mailed by an electricity supplier to a property owner. An electricity supplier may prove delivery of notice under this section by any official or generally accepted time stamped document, whether maintained in physical form or electronically by the electricity supplier. A court shall accept proof described in this section in a proceeding under section 12 of this chapter. (e) If: (1) installation of new communications infrastructure does not occur; or (2) communications service is not made available through existing communications infrastructure; within the electric easement within one hundred eighty (180) days after notice under this section is delivered, as determined under subsection (d), the electricity supplier shall resend notice under this section to the property owner, and the time period set forth in section 10 of this chapter restarts based on the date the subsequent notice is delivered, as determined under subsection (d). A property owner's exclusive remedy for an electricity supplier's failure to provide notice as required under this section is the resetting of the time period set forth in section 10 of this chapter. (f) This section does not require an electricity supplier, an affiliated entity of an electricity supplier, or a communications service provider to disclose confidential and proprietary business plans and other confidential information. (g) The failure of an electricity supplier to: (1) make broadband Internet service available in any area identified in the plan required by subsection (b)(2)(H); (2) meet the proposed timetable for making broadband Internet service available in any area identified in the plan required by subsection (b)(2)(H); (3) accurately estimate the costs to the electricity supplier's members of any infrastructure necessitated by the plan required by subsection (b)(2)(H); or (4) otherwise take any actions described in, or related to, the plan required by subsection (b)(2)(H); does not create any liability with respect to the electricity supplier beyond that which would otherwise apply under applicable law and, except as provided in section 1(c) of this chapter, does not preclude the electricity supplier from using the procedures set forth in this chapter.

Indiana

2017

Ind. Code 32-30-16-9

Communications service made available by electricity supplier; notice in member or customer agreement; consent to expansion of easement; signature required; tenant-occupied property; owner-signed master agreement or affidavit

Category: Infrastructure access

Topic: IA - Other

Requires an electricity provider that makes communications service available to a property to include in the customer agreement a clause granting an easement to the provider to install communications infrastructure on the property.

State Code

(a) An electricity supplier that makes communications service available to a property owner through communications infrastructure that is installed or will be installed within an electric easement shall include in any: (1) member agreement; (2) customer agreement; or (3) other similar agreement; related to the communications service a provision notifying a property owner that takes or will take communications service from the electricity supplier, or from any affiliated entity, that by signing the agreement for communications service, the property owner expressly consents to the expansion of the electric easement that the electricity supplier has with the property owner to include communications infrastructure.

Indiana

no date

Ind. Code 4-34 et seq.

Indiana Technology Fund

Category: Funding and financing

Topic: Fund - Other (Schools and Libraries)

Creates a fund to be administered by the Office of Technology to make grants to schools for internet connectivity and related equipment.

State Code

Money in the fund shall be allocated annually to the office of technology established by IC 4-13.1-2-1 to make matching grants to school corporations or to make payments directly to vendors for Internet connections and related equipment for a school corporation. The office of technology shall develop a plan to implement grants under this section. The budget committee shall review the plan. The budget agency must approve of the plan.

Indiana

2018

Ind. Code 4-4-38-10

Annual report to General Assembly; contents; triennial audit by state board of accounts

Category: Broadband programs

Topic: Agency

Requires the Office of Community and Rural Affairs to submit an annual report on the office’s activities, including the status of any funded broadband projects, the number of locations to which broadband has been deployed with the use of these funds, and overall progress on broadband deployment, to the General Assembly.

State Code

Sec. 10. (a) Not later than August 1 of each year, the office shall submit to the general assembly a report on the office's activities under this chapter during the most recent state fiscal year, including the following: (1) The number, amounts, and recipients of grants awarded under this chapter. (2) The status of any funded qualified broadband projects. (3) Expenses incurred and funds spent by the office in administering this chapter. (4) A list of the entities, if any, that the office collaborated with in administering this chapter. (5) An accounting of funds in the rural economic development fund established by IC 4-4-9.7-9, including funds awarded as grants under this chapter. (6) The number of locations in Indiana to which broadband infrastructure has been deployed with the use of grant funds under this chapter, including address-level information for newly connected locations. (7) The overall progress of the deployment of broadband infrastructure for the provision of qualified broadband service in unserved areas in Indiana. A report to the general assembly under this subsection must be in an electronic format under IC 5-14-6. (b) Every three (3) years, beginning in 2021, the state board of accounts shall conduct an audit of the awarding of grants under this chapter during the most recent three (3) state fiscal years. A report of an audit conducted under this subsection shall be submitted to the general assembly in an electronic format under IC 5-14-6 not later than December 31 of the calendar year that includes the end of the third state fiscal year covered by the audit.

Indiana

2018

Ind. Code 4-4-38-5

Qualified broadband service

Category: Definitions

Topic: Definition - Broadband (Speed of 10 Mbps / 1 Mbps)

Defines broadband service as a connection to the internet that provides capacity for transmission at actual Speed of 10 megabits per second (Mbps) download and 1 Mbps upload, regardless of the technology used.

State Code

As used in this chapter, "qualified broadband service" means a connection to the Internet that provides capacity for transmission at an actual speed of at least ten (10) megabits per second downstream and at least one (1) megabit per second upstream, regardless of the technology or medium used to provide the connection.

Indiana

2018

Ind. Code 4-4-38-6

Unserved area

Category: Definitions

Topic: Definition - Unserved

Defines an unserved area as an area of the state at a census block level where there is not at least one terrestrial broadband service offering a connection to the internet at a speed of at least 10 megabits per second (Mbps) download and 1 Mbps upload.

State Code

As used in this chapter, "unserved area" means a geographic area of Indiana, identified at the census block level, in which there is not at least one (1) provider of terrestrial broadband service offering a connection to the Internet that provides capacity for transmission at an actual speed of at least ten (10) megabits per second downstream and at least one (1) megabit per second upstream.

Indiana

2018

Ind. Code 4-4-38-7

Grants for qualified broadband projects; rural economic development fund; priorities; publication of applications; comments or objections

Category: Funding and financing

Topic: Fund - Broadband

Directs the Office of Community and Rural Affairs to establish procedures for awarding broadband grants from the Rural Broadband Fund. Grants are to be awarded to qualified broadband providers for qualified broadband project expenses, with priority given to deploying broadband to areas where it is unavailable or the only available service is at download speeds of less than 10 Megabits per second (Mbps).

State Code

(a) Subject to: (1) subsection (b); and (2) section 8 of this chapter; the office shall establish procedures for awarding grants from the fund to qualified broadband providers for qualified broadband project expenses incurred in connection with qualified broadband projects. (b) In awarding grants under this chapter, the office shall establish the following priorities: (1) First, extending the deployment of qualified broadband service to areas in which: (A) Internet connections are unavailable; or (B) the only available Internet connections provide capacity for transmission at an actual speed of less than ten (10) megabits per second downstream. (2) Second, extending the deployment of high speed Internet service to areas in which the only available Internet connections provide capacity for transmission at an actual speed of: (A) not less than ten (10) megabits; and (B) not more than twenty-five (25) megabits; per second downstream. (c) Subject to section 11 of this chapter, the office shall publish on the office's Internet web site all grant applications received by the office under this chapter. For each grant application received, the office shall establish a period of at least thirty (30) days from the date the application is published on the office's Internet web site under this subsection, during which time the office will accept comments or objections concerning the application. The office shall consider all comments or objections received under this subsection in making a determination as to whether to award a grant to an applicant under this chapter.

Indiana

2018

Ind. Code 4-4-38-8

Awarding of grants; required considerations; conditions

Category: Funding and financing

Topic: Fund - Broadband

Lists conditions for determining whether to make grant awards to qualified broadband projects. These include prioritizing projects that will provide internet connections to the most underserved areas at the lowest grant amount per area; the community’s need for and likely economic impact of the broadband project; community support for it (including certification of one or more of the communities that will be served by the project as a Broadband Ready Community); whether federal funding has been allocated to the area; whether the proposed service is scalable to higher download or upload speeds; and if the project includes any plans to encourage adoption. Allows people to petition the office to have an area determined as unserved, creates a challenge process for providers.

State Code

(a) In determining whether to award a grant under this chapter in connection with a proposed qualified broadband project, the office shall consider the following: (1) Awarding grants under this chapter with a preference for funding proposed qualified broadband projects that will provide Internet connections to the most unserved areas at the highest speeds for the lowest grant amount per area. (2) The community's need for, and the likely economic impact of, the proposed qualified broadband project in the unserved area. (3) Demonstrated community support for the proposed qualified broadband project, including the certification of one (1) or more communities to be served by the project as broadband ready communities under IC 5-28-28.5. (4) The likelihood that the unserved area will not be served with qualified broadband service without state grant funding. (5) Whether funding has been allocated for the unserved area from the federal Connect America Fund or from any other similar federal funding program. (6) Whether the broadband infrastructure proposed in connection with the qualified broadband project is scalable to higher download and upload speeds. (7) Awarding grants for qualified broadband projects that will serve a larger unserved area or a greater number of locations within an unserved area. (8) The useful life of the broadband network proposed to be deployed. (9) The technical, managerial, and financial capabilities of the applicant. (10) The ability of the applicant to commit to providing at least twenty percent (20%) of the cost to deploy the proposed broadband infrastructure. When multiple applicants apply for a grant to provide broadband service to the same census block within an unserved area, the office may establish a preference for approving applications with a greater capital contribution by the applicant. (11) Any proposed plans to encourage the adoption and use of broadband services within the unserved area. (12) Any other factors the office considers appropriate to enable the deployment of broadband infrastructure to provide qualified broadband service in unserved areas in Indiana. (b) The following conditions apply to the awarding of grants under this chapter: (1) The office shall not award a grant with respect to any geographic area if information made available to the office, through comments or objections received under section 7(c) of this chapter or otherwise, indicates any of the following: (A) The area is already being served by at least one (1) provider offering qualified broadband service in the area. However, any person may, in a petition filed with the office, provide evidence that one (1) or more locations within one (1) or more census blocks in the area are unserved areas. Upon receiving a petition described in this clause, the office shall notify all broadband providers operating in all census blocks included in the petition. Those broadband providers may in turn demonstrate to the office that the locations included in the petition: (i) are already served with qualified broadband service; or (ii) will be served with qualified broadband service not later than eighteen (18) months after the date of the application for a grant under this chapter.

Indiana

2018

Ind. Code 4-4-38-9

Office to adopt guidelines; collaboration with state and local agencies

Category: Broadband programs

Topic: Agency

Directs the Office of Community and Rural Affairs to adopt guidelines to implement this chapter, including application and challenge processes for broadband grants, and the petition process for designating an area as unserved.

State Code

(a) The office shall adopt guidelines to implement this chapter, including guidelines governing: (1) the form and content of requests to provide qualified broadband service to an unserved area; (2) the form and content of applications for grants under this chapter; (3) a competitive bidding process or a process for requests for proposals for qualified broadband projects; (4) a process by which a broadband provider may challenge the designation of an area as unserved; and (5) a process by which: (A) a person may, in a petition filed with the office, provide evidence that one (1) or more locations within one (1) or more census blocks are unserved areas; and (B) upon the filing of a petition described in clause (A): (i) the office notifies all broadband providers operating in all census blocks included in the petition; and (ii) those broadband providers have the opportunity to demonstrate to the office that the locations included in the petition are already served with qualified broadband service or will be served with qualified broadband service not later than eighteen (18) months after the date of the application for a grant under this chapter. (b) In adopting the guidelines described in subsection (a) or in otherwise administering this chapter, the office may collaborate with or seek guidance from: (1) the Indiana economic development corporation established by IC 5-28-3-1; (2) the broadband ready communities development center established by IC 5-28-28.5-5; (3) the Indiana department of transportation established by IC 8-23-2-1; and (4) any other agencies of the state or of political subdivisions of the state.

Indiana

no date

Ind. Code 4-4-38.5 et seq.

Broadband Grants for Rural Areas

Category: Funding and financing

Topic: Fund

Creates the Rural Broadband Fund and outlines procedures that the state broadband office must follow in awarding grants from the fund. Requires the program to fund projects in areas with download speeds of less than 10 Megabits per second (Mbps) before funding projects in areas with download speeds between 10 Mbps and 25 Mbps.

State Code

(a) The office shall establish procedures for the awarding of grants from the fund after July 31, 2019, by state agencies to eligible broadband service providers for eligible broadband projects. (b) The procedures established under this section must establish the following priorities for the awarding of grants under this chapter: (1) First, extending the deployment of eligible broadband service to areas in which: (A) Internet connections are unavailable; or (B) the only available connections to the Internet are at actual speeds of less than ten (10) megabits per second downstream. (2) Second, extending the deployment of eligible broadband service to areas in which the only available connections to the Internet are at actual speeds of: (A) not less than ten (10) megabits; and (B) not more than twenty-five (25) megabits; per second downstream. (3) Projects for areas described in subdivision (2) shall not be funded before projects described in subdivision (1).

Indiana

no date

Ind. Code 4-4-38.5-3

Broadband Grants for Rural Areas

Category: Definitions

Topic: Definition - Broadband (Speed of 25 Mbps / 3 Mbps)

For the purpose of the broadband grant program, defines broadband as internet service with actual download speeds of at least 25 megabits per second and actual upload speeds of at least 3 megabits per second.

State Code

As used in this chapter, "eligible broadband service" means a terrestrial connection to the Internet that provides an actual speed of at least twenty-five (25) megabits per second downstream and at least three (3) megabits per second upstream, regardless of the technology or medium used to provide the connection.

Indiana

2018

Ind. Code 5-28-28.5-0.5

Broadband services

Category: Definitions

Topic: Definition - Broadband (Speed of 1.5 Mbps or less)

Defines broadband services as voice, video, and data services that provide capacity for transmission at speeds greater than 384 kilobits per second in at least one direction, regardless of the technology used.

State Code

As used in this chapter, "broadband services" includes services, including voice, video, and data, that provide capacity for transmission of more than three hundred eighty-four (384) kilobits per second in at least one (1) direction regardless of the technology or medium used, including wireless, copper wire, fiber optic cable, or coaxial cable. If voice transmission capacity is offered in conjunction with other services using transmission of more than three hundred eighty-four (384) kilobits per second, the voice transmission capacity may be less than three hundred eighty-four (384) kilobits per second. The authority shall annually reconsider the three hundred eighty-four (384) kilobits threshold under this section with a bias toward raising the threshold in a manner consistent with technological advances.

Indiana

2015

Ind. Code 5-28-28.5-5

Broadband ready communities development center established; duties

Category: Broadband programs

Topic: Office

Establishes the Broadband Ready Communities Development Center within the Indiana Economic Development Corporation. States that the center will provide information on permits required for projects, work with other state and local government agencies to facilitate permitting, and encourage local and federal government agencies to coordinate on the permitting process.

State Code

The broadband ready communities development center is established within the corporation. The center has the following duties: (1) Providing comprehensive information concerning permits required for projects and related business activities in Indiana and making this information available to any person. (2) Working with other state and local government offices, departments, and administrative entities to encourage timely and efficient issuance of permits and resolution of related issues. (3) Encouraging local and federal government agencies to coordinate activities related to approving applications and issuing permits for projects.

Indiana

2017

Ind. Code 6-1.1-12.5

Infrastructure development zones

Category: Funding and financing

Topic: Tax incentives

Allows local governments to adopt an ordinance designating an area as an infrastructure development zone after finding that adequate infrastructure-—including broadband facilities and providing a property tax exemption—will result in more investment in the eligible infrastructure and help develop the area’s economy. If the zone is established, eligible infrastructure in the zone is exempt from property taxation.

State Code

A county executive, a municipal legislative body, or, in Marion County, the county fiscal body, may adopt an ordinance designating a geographic territory as an infrastructure development zone after: (1) conducting a public hearing on the proposed ordinance; (2) publishing notice of the public hearing in the manner prescribed by IC 5-3-1; and (3) making the following findings: (A) Adequate eligible infrastructure is not available in the zone. (B) Providing a property tax exemption to a person for investing in eligible infrastructure in the zone will provide: (i) opportunities for increased natural gas usage, increased availability of broadband service, advanced services, and public water or wastewater service; and (ii) economic development benefits; in the zone.

Indiana

2007

Ind. Code 8-1-2.6-1.1

Services not subject to commission jurisdiction

Category: Competition and regulation

Topic: Regulatory authority

States that broadband service, however defined by the Federal Communications Commission, is exempt from the Indiana Utility Regulatory Commission’s jurisdiction.

State Code

The commission shall not exercise jurisdiction over: (1) advanced services (as defined in 47 CFR 51.5); (2) broadband service, however defined or classified by the Federal Communications Commission; (3) information service (as defined in 47 U.S.C. 153; (4) Internet Protocol enabled retail services: (A) regardless of how the service is classified by the Federal Communications Commission; and (B) except as expressly permitted under IC 8-1-2.8; (5) commercial mobile service (as defined in 47 U.S.C. 332); or (6) any service not commercially available on March 28, 2006.

Indiana

2018

Ind. Code 8-1-29.5-7

Factors commission may consider in imposing civil penalty; waiver of civil penalty; use of civil penalties collected

Category: Funding and financing

Topic: Financing - Other

Addresses factors that the Indiana Utility Regulatory Commission may consider when imposing a civil penalty on a provider or certificate holder. Civil penalties imposed for offenses that do not directly affect customers must be deposited into an account administered by the Indiana Economic Development Corporation to make grants and loans to broadband developers and operators.

State Code

(a) In imposing a civil penalty under section 6(b)(4) of this chapter, the commission may consider the following factors: (1) The duration and gravity of the offense, including the number of customers affected. (2) Economic benefits accrued by the provider or certificate holder as a result of the offense. (3) The amount of a civil penalty that will deter future offenses by the provider or certificate holder. (4) The market share of the provider or certificate holder in the affected service areas. (5) Good faith of the provider or certificate holder in attempting to remedy the offense after receiving notification of the offense. (b) If the commission waives a civil penalty for any offense described in section 6(b)(4) of this chapter, the commission must make a written finding as to why it is waiving the civil penalty. The commission may waive a civil penalty under section 6(b)(4) of this chapter if the commission finds that the offense is the result of any of the following: (1) Technological infeasibility. (2) An act of God. (3) A defect in, or prohibited use of, customer provided equipment. (4) A negligent act of a customer. (5) An emergency situation. (6) Unavoidable casualty. (c) The secretary of the commission shall direct a civil penalty imposed and collected under section 6(b)(4) of this chapter as follows: (1) A civil penalty imposed for an offense that directly affects retail customers must be refunded directly to the customers of the provider or certificate holder in the form of credits on customer bills. (2) A civil penalty imposed for an offense not described in subdivision (1) must be deposited into an account designated by the Indiana economic development corporation for use by the corporation in making loans or grants to broadband developers and operators.

Indiana

2017

Ind. Code 8-1-32.3

Permits for wireless service providers

Category: Infrastructure access

Topic: Small cell facilities

Addresses permits issued by local governments to communications service providers for constructing and co-locating wireless support structures. Prohibits a local authority from requiring a permit or charging fees for routine maintenance, replacing facilities with substantially similar facilities, or for the location of small wireless facilities. Allows the local authority to prohibit placement of new support structures in the right of way of underground districts zoned for residential land use before May 1, 2017. Prohibits the authority from charging application fees for a permit unless fees are charged for similar development and the fee is based on actual, direct, and reasonable costs incurred through the review process. Prohibits the permit authority from discriminating against communications service providers. Land use laws and zoning ordinances still apply, and this section does not exempt providers from complying with those ordinances. However, small cell facilities are exempt from local zoning requirements if the facility meets the provisions outlined in this chapter. Addresses what applications must include and reviews timelines. Sets the fee for a small cell installation at $100 per facility. Does not authorize the co-location on privately owned poles or wireless support structures, or private property without the consent of the owner. For poles and support structures owned by a public utility, requires the entity seeking to place small cell equipment to gain the necessary permission. Allows the public utility that owns the poles to deny, limit, or restrict placement and determine rates, fees, and conditions of use.

State Code

Sec. 26. (a) An application for a permit or approval for the construction, placement, or use of small cell facilities is subject to the following: (1) The placement of a small cell facility and the associated supporting structure in the public right-of-way is considered a permitted use and is exempt from local zoning review if the total height of the structure supporting the small cell facility does not exceed the greater of: (A) fifty (50) feet measured from grade; or (B) the height of any utility pole in place on July 1, 2017, and within five hundred (500) feet of the proposed small cell facility, plus ten (10) feet. (2) A permit authority shall allow an applicant to submit a single consolidated application for multiple small cell facilities that are located within the permit authority's jurisdiction and constitute a single small cell network. The permit authority shall issue a single permit for the small cell network rather than multiple permits for each small cell facility. (3) The total of any application fees allowed under this section may not exceed the lesser of: (A) the amount charged by the permit authority for an application for a building permit for any similar type of commercial: (i) construction; (ii) activity; or (iii) land use development; within the jurisdiction of the permit authority; or (B) one hundred dollars ($100) per small cell facility included in the application. (4) With respect to an application for the construction, placement, or use of a small cell facility and the associated supporting structure at a location where a supporting structure does not exist, a permit authority may propose, as an alternative location for the proposed small cell facility, that the small cell facility be collocated on an existing utility pole or on an existing wireless support structure, if the existing utility pole or the existing wireless support structure is located within fifty (50) feet of the location proposed in the application.

Indiana

2013

Ind. Code 8-1-32.5-16

Ineligibility of certain communications service providers for property tax exemptions

Category: Funding and financing

Topic: Tax incentives

States that a communications service provider is not eligible for a property tax exemption under Ind. Code 6-1.1 for facilities and technologies used for the transmission and deployment of broadband service in an area where wireline broadband service is already provided.

State Code

A communications service provider, including a public utility that provides communications service, is not eligible for a property tax exemption under IC 6-1.1 for facilities and technologies used in the deployment and transmission of broadband service in an area where a communications service provider provides wireline broadband service.

Indiana

2006

Ind. Code 8-1-32.6

Access to real property by communications service providers

Category: Competition and regulation

Topic: Service provision (SP) - Other

Prohibits communications service providers, including those offering broadband service, from entering into a contract or agreement that requires any person to restrict or limit the ability of another communications service provider to obtain easements or right of way or to access property. Further prohibits the offering of grants and incentives that require property owners to limit the ability of another communications service provider to obtain easements or right of way access or access to property. Prohibits the commission from requiring any communications service provider to provide service to occupants of multitenant real estate if the owner, operator, or developer of the real estate permits only one communications service provider access to install facilities during the development phase, accepts incentives or rewards that require excluding other communications service providers, or collects charges for the service. Prohibits owners, operators, and developers of multitenant real estate from preventing a communications service provider from installing on the property and from discriminating against communications service providers.

State Code

(a) After March 27, 2006, a communications service provider shall not enter into any contract, agreement, or other arrangement that does any of the following: (1) Requires any person to restrict or limit: (A) the ability of another communications service provider to obtain easements or rights-of-way for the installation of facilities or equipment used to provide communications service to Indiana customers; or (B) access to real property by another communications service provider. (2) Offers or grants incentives or rewards to an owner of real property if the incentives or rewards are contingent upon the property owner's agreement to restrict or limit: (A) the ability of another communications service provider to obtain easements or rights-of-way for the installation of facilities or equipment used to provide communications service on the property; or (B) access to the owner's real property by another communications service provider. A contract, an agreement, or any other arrangement that violates this section is void if the contract, agreement, or arrangement is entered into after March 27, 2006. However, a contract, an agreement, or any other arrangement that otherwise violates this section remains in effect until such time as it would normally terminate or expire if the contract, agreement, or arrangement is entered into before March 28, 2006. (b) This section does not prohibit a communications service provider and a subscriber from entering into any lawful contract, agreement, or other arrangement concerning the communications service offered by the communications service provider to the subscriber. (c) Upon: (1) a complaint filed by: (A) another communications service provider; (B) a subscriber or potential subscriber of communications service; (C) the utility consumer counselor; or (D) any class satisfying the standing requirements of IC 8-1-2-54; or (2) the commission's own motion; the commission may investigate whether a communications service provider has violated this section. If, after notice and an opportunity for hearing, the commission determines that the communications service provider has violated this section, the commission may issue an order imposing a civil penalty of not more than five hundred dollars ($500) for each violation. For purposes of this subsection, each day that a contract, an agreement, or an arrangement prohibited by this section remains in effect constitutes a separate violation. (d) The attorney general may bring an action in the name of the state to enforce an order of the commission under subsection (c), including the collection of an unpaid civil penalty imposed by the commission. (e) Civil penalties collected under this section shall be deposited in the state general fund. (f) A determination by the commission under this section is subject to appeal under IC 8-1-3.

Indiana

no date

Ind. Code 8-14-14.3

Next Level Connections Fund

Category: Funding and financing

Topic: Fund - Broadband

Creates the Next Level Connections Fund, of which up to $100 million can be used for the rural broadband fund.

State Code

(b) The department may transfer up to one hundred million dollars ($100,000,000) from the next level connections fund to the rural broadband fund established under IC 4-4-38.5-11 for the purpose of awarding broadband grants for rural areas.

Indiana

no date

Ind. Code 8-23-2-20

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Prohibits the Department of Transportation from charging recurring fees (except for routine permit fees or as provided in existing agreements) for any communications infrastructure that was in the right-of-way prior to May 1, 2019.

State Code

(b) Except: (1) for routine right-of-way permit fees to enter the department's rights-of-way for the maintenance of existing facilities; and (2) as provided for in written agreements the department has entered into with service providers before May 1, 2019; the department shall not charge an access rate or any other recurring charge or recurring fee for communications infrastructure that is located before May 1, 2019, in any rights-of-way that are owned or controlled by the department.

Indiana

no date

Ind. Code 8-23-5-10

Category: Infrastructure access

Topic: Right of way (ROW - Other)

Allows the Department of Transportation to create a broadband corridor program to manage the location, installation, and maintenance of communications infrastructure (not including poles) along highways. Also limits the fees that the department can charge for permitting and accessing the right-of-way.

State Code

(b) The department may create a broadband corridor program to manage the location, installation, and maintenance of communications infrastructure used for the provision of broadband services within highway rights-of-way of limited access highways. (c) The broadband corridor program shall apply only to locations along or within a limited access highway right-of-way. The broadband corridor program shall not apply to the placement of communications infrastructure that laterally crosses a roadway under the control of the department. (d) Except as provided in subsection (e), the department mayimpose a fee for communications infrastructure under subsection (b). The amount of the fee may not be more than the reasonable fair market value of the use of the highway right-of-way within the broadband corridor. (e) Except for portions of a U.S. route that is a limited access highway under subsection (a)(2), with respect to state routes or U.S. routes, the department may impose only: (1) a one (1) time permit application fee for the location or installation of communications infrastructure used for the provision of broadband services placed along or within a highway right-of-way; and (2) routine right-of-way permit fees to enter the department's rights-of-way for the maintenance of existing facilities.

Indiana

2015

Ind. Code. 5-28-28.5-6

Certification of unit as Broadband Ready Community; application; approval

Category: Broadband programs

Topic: Promotional

Directs the Broadband Ready Communities Development Center to create a program to allow local governments to apply for certification as a Broadband Ready Community if they meet permitting and adoption requirements.

State Code

Sec. 6. (a) In addition to the duties set forth in section 5 of this chapter, the center shall create a program to certify a unit as a broadband ready community. (b) A unit may apply for certification as a broadband ready community. The application must be in a form and manner prescribed by the corporation. The corporation shall approve an application and certify a unit as a broadband ready community if the corporation determines that the unit has: (1) established a permit procedure that complies with section 7 of this chapter; (2) established a broadband adoption procedure that complies with section 8 of this chapter; and (3) complied with any other requirements of the corporation.

Indiana

2015

Ind. Code. 5-28-28.5-7

Procedure for reviewing applications and issuing permits for projects

Category: Broadband programs

Topic: Promotional

Defines requirements for a local government seeking Broadband Ready Community certification, including designating a point of contact for broadband projects; guaranteeing a 10-day project review timeline; providing assurances of timely inspections; and allowing all documentation to be signed and submitted electronically. Further addresses what communities seeking certification cannot do, including imposing a fee to review an application or issue a permit or impose a seasonal moratorium on issuing project permits.

State Code

(a) A unit that wishes to be certified as a broadband ready community must establish a procedure to review applications and issue permits for projects. The procedure must contain the following components: (1) A single point of contact for all matters related to a project. (2) A guarantee that all applications related to a project will be reviewed and either approved or rejected within ten (10) business days after an application is submitted. (3) An assurance that all inspections, including necessary approvals, related to a project will occur in a timely and expeditious manner. (4) An authorization for all forms, applications, and documentation related to a project to be filed and signed by electronic means. (b) A procedure established under subsection (a) may not do the following: (1) Require an applicant to designate a final contractor to complete a project. (2) Impose a fee to review an application or issue a permit for a project. (3) Impose a seasonal moratorium on the issuance of permits for a project. (4) Discriminate among communications service providers or utilities with respect to any action described in this section or otherwise related to a project, including granting access to public rights-of-way, infrastructure and poles, river and bridge crossings, and any other physical assets owned or controlled by the unit.

Indiana

2018

Ind. Code. 5-28-28.5-8

Broadband adoption; procedure to promote broadband adoption after certification of unit as Broadband Ready Community; prohibitions

Category: Broadband programs

Topic: Promotional

Requires a local government seeking certification as a Broadband Ready Community to establish a procedure to promote broadband adoption.

State Code

(a) As used in this section, "broadband adoption" refers to an agreement by a customer to subscribe to broadband services that are: (1) offered by a communications service provider; and (2) available to the customer. (b) A unit that wishes to be certified as a broadband ready community must establish a procedure to promote broadband adoption in the unit after the unit is certified as a broadband ready community. The procedure must include the following: (1) A single point of contact in charge of broadband adoption in the unit. (2) An assurance that each communications service provider that already provides broadband services in the unit will be notified that the unit is applying to be a broadband ready community. (3) An assurance that the unit will work with communications service providers to promote broadband adoption in the unit. (c) A procedure established under subsection (b) may not do the following: (1) Discriminate among communications service providers with respect to promoting broadband adoption in the unit. (2) Impose a fee on communications service providers to fund promotion of broadband adoption in the unit.

Iowa

2018

Executive Order No. 3

The Connecting Rural Iowa Task Force

Category: Broadband programs

Topic: Task force

Creates the Connecting Rural Iowa Task Force as part of the Empower Rural Iowa Initiative to make recommendations on broadband policy for the state.

State Code

The Connecting Rural Iowa Task Force will review existing state policies and programs related to broadband connectivity in rural Iowa, and will assess those policies' and programs' impacts on rural Iowa. The Connecting Rural Iowa Task Force will likewise propose changes to any existing state policies and programs so reviewed, or propose new policies and programs designed to encourage increased broadband connectivity throughout rural Iowa.

Iowa

no date

Iowa Code 12.87

General and specific bonding powers—revenue bonds—Iowa jobs program

Category: Funding and financing

Topic: Financing - Other

Authorizes the state treasurer to issue and sell bonds on behalf of the state to provide funds for infrastructure projects, including public broadband and the Iowa jobs program.

State Code

1.a. The treasurer of state is authorized to issue and sell bonds on behalf of the state to provide funds for certain infrastructure projects and for purposes of the Iowa jobs program established in section 16.194. The treasurer of state shall have all of the powers which are necessary or convenient to issue, sell, and secure bonds and carry out the treasurer of state’s duties, and exercise the treasurer of state’s authority under this section and sections 12.88 through 12.90. The treasurer of state may issue and sell bonds in such amounts as the treasurer of state determines to be necessary to provide sufficient funds for certain infrastructure projects and the revenue bonds capitals fund, the revenue bonds capitals II fund, the payment of interest on the bonds, the establishment of reserves to secure the bonds, the payment of costs of issuance of the bonds, the payment of other expenditures of the treasurer of state incident to and necessary or convenient to carry out the issuance and sale of the bonds, and the payment of all other expenditures of the treasurer of state necessary or convenient to administer the funds and to carry out the purposes for which the bonds are issued and sold. The treasurer of state may issue and sell bonds as provided in paragraph “b” in one or more series on the terms and conditions the treasurer of state determines to be in the best interest of the state, in accordance with this section in such amounts as the treasurer of state determines to be necessary to fund the purposes for which such bonds are issued and sold. b. The treasurer of state may issue and sell bonds in amounts which provide aggregate net proceeds of not more than six hundred ninety-five million dollars, excluding any bonds issued and sold to refund outstanding bonds issued under this section, as follows: (1) On or after July 1, 2009, the treasurer of state may issue and sell bonds in amounts which provide aggregate net proceeds of not more than one hundred eighty-five million dollars for capital projects which qualify as vertical infrastructure projects as defined in section 8.57, subsection 5, paragraph “c”, to the extent practicable in any fiscal year and without limiting other qualifying capital expenditures. (2) On or after July 1, 2009, the treasurer of state may issue and sell bonds in amounts which provide aggregate net proceeds of not more than three hundred sixty million dollars for purposes of the Iowa jobs program established in section 16.194 and for watershed flood rebuilding and prevention projects, soil conservation projects, sewer infrastructure projects, for certain housing and public service shelter projects and public broadband and alternative energy projects, and for projects relating to bridge safety and the rehabilitation of deficient bridges.

Iowa

2004

Iowa Code 338.10

Municipal utility providing telecommunications services

Category: Competition and regulation

Topic: Municipal broadband

Prohibits municipal utilities or cities that operate municipal utilities providing telecommunications services, including internet access service, from using general fund money to support or subsidize the telecommunications system, provide any other city service to a telecommunications customer at a cost that is less than that customer would pay if they did not receive telecommunications service, or cross-subsidize telecommunications service. Addresses record keeping and rate requirements. This section does not apply to services provided directly by a municipal airport.

State Code

1.a. A city that owns or operates a municipal utility providing telecommunications services or such a municipal utility shall not do, directly or indirectly, any of the following: (1) Use general fund moneys for the ongoing support or subsidy of a telecommunications system. (2) Provide any city facilities, equipment, or services to provide telecommunications systems or services at a cost for such facilities, equipment, or services which is less than the reasonable cost of providing such city facilities, equipment, or services. (3) Provide any other city service, other than a communications service, to a telecommunications customer at a cost which is less than would be paid by the same person receiving such other city service if the person was not a telecommunications customer. (4) Use funds or revenue generated from electric, gas, water, sewage, or garbage services provided by the city for the ongoing support of any city telecommunications system. b. For purposes of this section: (1) “Telecommunications system” means a system that provides telecommunications services. (2) “Telecommunications services” means the retail provision of any of the following services: (a) Local exchange telephone services. (b) Long distance telephone services. (c) Internet access services. (d) Cable television services. 2. A city that owns or operates a municipal utility providing telecommunications services or such a municipal utility shall do the following: a. Prepare and maintain records which record the full cost accounting of providing telecommunications services. The records shall show the amount and source of capital for initial construction or acquisition of the telecommunications system or facilities. The records shall be public records subject to the requirements of chapter 22. Information in the records that is not subject to examination or copying as provided in section 388.9, subsection 2, may be expunged from the records prior to public disclosure. This section shall not prohibit a municipal utility from utilizing capital from any lawful source, provided that the reasonable cost of such capital is accounted for as a cost of providing the service. In accounting for the cost of use of any city employees, facilities, equipment, or services, a city or municipal utility may make a reasonable allocation of the cost of use of any city employees, facilities, equipment, or services used by the municipal utility based upon reasonable criteria for the distribution of the cost of use in any manner which is not inconsistent with generally accepted accounting principles. b. Adopt rates for the provision of telecommunications services that reflect the actual cost of providing the telecommunications services. However, this paragraph shall not prohibit the municipal utility from establishing market-based prices for competitive telecommunications services. c. Be subject to all requirements of the city which would apply to any other provider of telecommunications services in the same manner as such requirements would apply to such other provider. For purposes of cable television services, a city that is in compliance with section 364.3, subsection 7, shall be considered in compliance with this paragraph. d. Make an annual certification of compliance with this section. For any year in which the city or municipal utility is not audited in accordance with section 11.6, the city or municipal utility shall contract with or employ the auditor of state or a certified public accountant certified in the state of Iowa to attest to the certification. The attestation report shall be a public record for purposes of chapter 22. 3. This section shall not prohibit the marketing or bundling of other products or services, in addition to telecommunications services. However, a city shall include on a billing statement sent to a person receiving services from the city, a separate charge for each service provided to the person. This subsection does not prohibit the city from also including on the billing statement a total amount to be paid by the person. 4. This section shall not apply to telecommunications services provided directly by a municipal airport.

Iowa

no date

Iowa Code 427.1-40

Exemptions

Category: Funding and financing

Topic: Tax incentives

If installation of broadband infrastructure (meaning it facilitates broadband service at or above FCC-defined broadband speeds) in a targeted service area began after July 1, 2015, and is completed before July 1, 2025, its owners are entitled to a 100 percent tax exemption for 10 years on the actual value added by the installed broadband infrastructure. The claimant is required to register with the local assessor prior to beginning the broadband installation and must specify the number of homes, farms, schools, and businesses that were offered service prior to installation and that will be offered service after installation and the speeds that will be available as a result of the installation. Outlines minimum application requirements.

State Code

a. The owner of broadband infrastructure shall be entitled to an exemption from taxation to the extent provided in this subsection for assessment years beginning before January 1, 2027. Unless the context otherwise requires, the words and phrases used in this subsection shall have the same meaning as the words and phrases used in chapter 8B, including but not limited to the words and phrases defined in section 8B.1. b. The exemption shall apply to the installation of broadband infrastructure that facilitates broadband service at or above the download and upload speeds specified in the definition of targeted service area in section 8B.1 commenced and completed on or after July 1, 2015, and before July 1, 2025 in a targeted service area, and used to deliver internet services to the public.

Iowa

2013

Iowa Code 8B.1

Definitions (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (Defined by technology, not speed)

Defines broadband as a high-speed, high-capacity electronic transmission medium that can carry data signals independent from network source and is generally used to deliver internet services to the public. Definitions includes wireless and mobile wireless technologies.

State Code

1. “Broadband” means a high-speed, high-capacity electronic transmission medium, including fixed wireless and mobile wireless mediums, that can carry data signals from independent network sources by establishing different bandwidth channels and that is commonly used to deliver internet services to the public.

Iowa

2013

Iowa Code 8B.1

Definitions (Definition - Broadband)

Category: Definitions

Topic: Definition - Broadband (Defined by technology, not speed)

Defines broadband infrastructure as the physical infrastructure used for the transmission of data that provides broadband services, not including land, buildings, structure, or equipment.

State Code

2. “Broadband infrastructure” means the physical infrastructure used for the transmission of data that provides broadband services. “Broadband infrastructure” does not include land, buildings, structures, improvements, or equipment not directly used in the transmission of data via broadband.

Iowa

2019

Iowa Code 8B.1

Definitions (Definition - Underserved)

Category: Definitions

Topic: Definition - Underserved

Defines an area with no broadband providers (as defined by the FCC definition) as being underserved.

State Code

12A. _��Underserved area_�� means any portion of a targeted service area within which no communications service provider offers or facilitates broadband service meeting the download and upload speeds specified in the definition of targeted service area in this section.

Iowa

2013

Iowa Code 8B.1

Definitions (Definition - Unserved)

Category: Definitions

Topic: Definition - Unserved

Defines a targeted service area as a census block in which no provider is providing speeds higher than the FCC's definition of broadband.

State Code

12. “Targeted service area” means a United States census bureau census block located in this state, including any crop operation located within the census block, within which no communications service provider offers or facilitates broadband service at or above the download and upload speeds identified by the federal communications commission pursuant to section 706 of the federal Telecommunications Act of 1996, as amended.

Iowa

2015

Iowa Code 8B.10

Targeted service areas determination criteria

Category: Funding and financing

Topic: Fund

Establishes that the Office of the Chief Information Officer will use publicly available broadband maps and data to determine if service providers are delivering specified speeds for the service area. States that the office shall establish a process to challenge its findings on service provision.

State Code

1. The determination of whether a communications service provider offers or facilitates broadband service meeting the download or upload speeds specified in the definition of targeted service area in section 8B.1 shall be determined or ascertained by reference to broadband availability maps or data sources that are widely accepted for accuracy and available for public review and comment and that are identified by the office by rule. 2. The office shall establish procedures to allow challenges to the office’s finding on whether an area meets the definition of targeted service area.

Iowa

2015

Iowa Code 8B.11

Connecting Iowa farms, schools, and communities broadband grants fund

Category: Funding and financing

Topic: Fund - Broadband

Establishes the Connecting Iowa Farms, Schools, and Communities Broadband Grant Fund in the state Treasury, administered by the Office of the Chief Information Officer. The grant program will make awards to deploy broadband infrastructure in targeted service areas at speeds meeting the FCC’s definition of broadband. Grants are to be awarded on a competitive basis, which considers the need for service, the percentage of homes, schools, and businesses that will receive service, the economic impacts of the project, and the project budget. There will be an opportunity for public comment to validate whether proposed grant areas are unserved or not. Grants will not be awarded after July 1, 2020.

State Code

1. The office shall administer a broadband grant program designed to reduce or eliminate unserved and underserved areas in the state, leveraging federal funds and public and private partnerships where possible, by awarding grants to communications service providers that reduce or eliminate targeted service areas by installing broadband infrastructure that facilitates broadband service in targeted service areas at or above the download and upload speeds specified in the definition of targeted service area in section 8B.1, in accordance with this section.

Iowa

2015

Iowa Code 8B.25

Fiberoptic network conduit installation program

Category: Infrastructure access

Topic: Right of way (Dig once)

Directs the Office of the Chief Information Officer to lead and coordinate a program to provide for the installation of fiber conduit where private or publicly owned conduit does not exist within 500 feet of a road. Directs the office to coordinate with applicable agencies and entities to ensure that the opportunity to install conduit is available when a state-funded road construction project takes place. Allows the department to contract with a third party to manage, lease, or install the conduit.

State Code

1. For purposes of this section: a. “Fiberoptic network conduit” means a pipe, vault, or duct used to enclose fiberoptic cable facilities buried alongside a roadway or surface mounted on a bridge, overpass, or other facility where placement below ground is impossible or impractical. “Fiberoptic network conduit” does not include electronics or cable. b. “Public funding” does not include a tax exemption authorized under section 427.1, subsection 40. c. “Where such conduit does not exist” means that private or publicly owned fiberoptic cable is not currently within a linear range of five hundred feet or less in any one direction. 2. The office shall lead and coordinate a program to provide for the installation of fiberoptic network conduit where such conduit does not exist. The chief information officer shall consult and coordinate with applicable agencies and entities as determined appropriate to ensure that the opportunity is provided to lay or install fiberoptic network conduit wherever a state-funded construction project involves trenching, boring, a bridge, a roadway, or opening of the ground, or alongside any state-owned infrastructure. 3. Contingent upon the provision of funding for such purposes by the general assembly, the office may contract with a nongovernmental third party to manage, lease, install, or otherwise provide fiberoptic network conduit access for projects described in this section. This section does not require coordination with or approval from the office pursuant to this program or installation of fiberoptic conduit as required by this section for construction projects not using public funding.

Iowa

2015

Iowa Code 8B.26

Broadband permitting process expeditious response

Category: Infrastructure access

Topic: Permitting

Requires local jurisdictions to approve nonwireless broadband related permits within six business days following submission. If the action on the application is not taken in this period, it is deemed approved.

State Code

Notwithstanding any other provision to the contrary and in compliance with applicable federal laws and regulations, a political subdivision vested with permitting authority shall approve, approve with modification, or disapprove nonwireless, broadband-related permits within sixty business days following the submission of the necessary application requirements. In the event that no action is taken during the sixty-day period, the application shall be deemed approved.

Iowa

2015

Iowa Code 8B.3

Office purpose mission

Category: Broadband programs

Topic: Agency

Creates the Office of the Chief Information Officer and defines the purpose of the office as directing and managing the state government’s information technology resources and coordinating statewide broadband availability and access.

State Code

1. The office is created for the purpose of leading, directing, managing, coordinating, and providing accountability for the information technology resources of state government and for coordinating statewide broadband availability and access. 2. The mission of the office is to provide high-quality, customer-focused information technology services and business solutions to government and to citizens.

Iowa

2015

Iowa Code 8B.4

Powers and duties of the chief information officer

Category: Broadband programs

Topic: Agency

Defines the powers and duties of the chief information officer to include streamlining and coordinating access to and availability of broadband infrastructure through the state, administering the broadband grant program, and coordinating the fiber optic network conduit installation program.

State Code

The chief information officer shall do all of the following: 1. Direct the internal operations of the office and develop and implement policies, procedures, and internal organization measures designed to ensure the efficient administration of the office. 2. Appoint all information technology staff deemed necessary for the administration of the office’s functions as provided in this chapter. For employees of the office, employment shall be consistent with chapter 8A, subchapter IV. 3. Manage, in consultation with the applicable participating agency, the information technology staff of participating agencies, to include directing the work of information technology staff, assigning information technology staff as required to support information technology requirements and initiatives of the office, and to review and recommend approval of information technology staff employment decisions in coordination with the department of management. 4. Prepare an annual budget for the office. Adopt rules for the approval of information technology budgets for participating agencies in conjunction with the department of management. 5. Adopt rules deemed necessary for the administration of this chapter in accordance with chapter 17A. 6. Prescribe and adopt information technology standards and rules. 7. Develop and recommend legislative proposals deemed necessary for the continued efficiency of the office in performing information technology functions, and review legislative proposals generated outside of the office which are related to matters within the office’s purview. 8. Provide advice to the governor on issues related to information technology. 9. Consult with agencies and other governmental entities on issues relating to information technology. 10. Work with all governmental entities in an effort to achieve the information technology goals established by the office. 11. Develop systems and methodologies to review, evaluate, and prioritize information technology projects. 12. Administer all accounting, billing, and collection functions required by the department of administrative services pursuant to policies adopted by the chief information officer after consultation and in cooperation with the director of the department of administrative services. 13. Utilize, in a manner determined by the chief information officer, such assistance and administrative support services as provided by the department of administrative services as the office determines to maximize the efficiency and effectiveness of the office. 14. Enter into contracts for the receipt and provision of services as deemed necessary. The chief information officer and the governor may obtain and accept grants and receipts to or for the state to be used for the administration of the office’s functions as provided in this chapter. 15. Streamline, consolidate, and coordinate the access to and availability of broadband and broadband infrastructure throughout the state, including but not limited to the facilitation of public-private partnerships, ensuring that all state agencies’ broadband and broadband infrastructure policies and procedures are aligned, resolving issues which arise with regard to implementation efforts, and collecting data and developing metrics or standards against which the data may be measured and evaluated regarding broadband infrastructure installation and deployment. 16. Administer the broadband grant program pursuant to section 8B.11. 17. Coordinate the fiberoptic network conduit installation program established in section 8B.25. 18. Exercise and perform such other powers and duties as may be prescribed by law.

Iowa

2015

Iowa Code 8B.9

Reports required

Category: Broadband programs

Topic: Agency

Requires the Office of the Chief Information Officer to provide annual reports to the state Legislature, including a report on the status of broadband expansion and coordination, the grant program, and the adequacy of the broadband speed definitions set for targeted service areas in section 8B.1.

State Code

The office shall provide all of the following reports: 1. An annual report of the office. 2. An annual internal service fund expenditure report as required under section 8B.13, subsection 5. 3. An annual report regarding total spending on technology as required under section 8B.21, subsection 6. 4. An annual report of expenditures from the IowAccess revolving fund as provided in section 8B.33. 5. An annual report regarding the status of broadband expansion and coordination, the connecting Iowa farms, schools, and communities broadband grant program established under section 8B.11, and the adequacy of the speed set in the definition of targeted service area in section 8B.1.

Iowa

2015

Iowa Code 8C.7A

Uniform rules for small wireless facilities permit approval

Category: Infrastructure access

Topic: Small cell facilities

Creates uniform rules for state and local authorities for siting small cell wireless facilities. Prohibits authorities from restricting the siting of such facilities and requires authorities that have planning and zoning regulations to allow small cell facilities without a conditional land use permit. Allows an authority to require a special or conditional use permit within single-family residential or previously designated historic districts. Allows the authority to require a building, electrical, or right of way permit if such permits are generally applicable. Requires nondiscriminatory, competitively neutral and commercially reasonable rates, terms, and conditions for siting of small cell facilities. Explains the permit process and creates a 90-day shot clock, after which time the application is deemed approved. Sets fee at $500 for up to five small cell facilities and $25 facilities for each additional facility and allows up to 25 facilities on a consolidated application. This section is part of a chapter that is scheduled to be repealed July 1, 2022.

State Code

1.a. Except as provided in this section, an authority shall not prohibit or restrict the siting of a small wireless facility. b. For purposes of this section, “siting” means the mounting, installation, maintenance, modification, operation, or replacement of a small wireless facility on or adjacent to any of the following: (1) An existing tower, utility pole, wireless support structure, or other existing structure. (2) A new utility pole of a similar height and appearance as an existing utility pole and which is located within a five-hundred-foot radius of the existing utility pole. (3) A replacement utility pole of a similar height and appearance as an existing utility pole and which is located within a five-hundred-foot radius of the existing utility pole. 2.a. An authority that has adopted planning and zoning regulations shall authorize the siting of a small wireless facility within its jurisdiction and shall not require a person to obtain a special or conditional land use permit for any of the following: (1) For siting the small wireless facility in a public right-of-way or on an authority structure located outside of a public right-of-way to the extent that such structure is already in use as a wireless support structure by supporting non-authority communications equipment that involve external attachments, provided that such structure is not listed on the national register of historic places. (2) For siting the small wireless facility on an existing tower, utility pole, or wireless support structure, regardless of the location, except for on property zoned and used exclusively for single-family residential use or within a previously designated area of historical significance pursuant to section 303.34. b. A small wireless facility may be classified as a special or conditional land use where such small wireless facility is not sited in a manner as provided in paragraph “a”. c. A person may install a new utility pole or wireless support structure in a public right-of-way subject to the provisions of this section. An authority may reasonably limit the number of new utility poles or wireless support structures, consistent with the protection of public health, safety, and welfare, and provided that such limitation does not have the effect of prohibiting or significantly impairing a wireless service provider’s ability to provide wireless service within the area of a proposed new structure. However, an authority may require a person to obtain a special or conditional land use permit to install a new utility pole or wireless support structure for the siting of a small wireless facility on property zoned and used exclusively for single-family residential use or within a previously designated area of historical significance pursuant to section 303.34. 3.a.(

Kansas

2019

Kan. Stat. Ann. 12-2001

Granting of franchises; purposes; conditions; limitations; assessment of fees; certain provisions declared void

Category: Infrastructure access

Topic: Small cell facilities

Prohibits cities from requiring that wireless service providers enter into a franchise agreement but allows them to regulate the use of rights-of-way through small cell facility deployment agreements, master license agreements, permitting requirements, and municipal ordinances. Also allows cities to assess a right-of-way access fee on wireless service providers. Clarifies that this applies only to small cell providers.

State Code

(t) (1) Except as further provided in paragraph (2), a city: (A) Shall not require a wireless services provider or a wireless infrastructure provider to enter into a franchise, franchise agreement, franchise ordinance, contract franchise or contract franchise ordinance for the provision of wireless services; (B) may govern the use of the public right-of-way by a wireless services provider or a wireless infrastructure provider by requiring a small cell facility deployment agreement or a master license agreement, through permitting requirements or municipal ordinances or codes, or any combination thereof, in a manner consistent with federal and state law; and (C) may assess a wireless services provider or a wireless infrastructure provider a fixed right-of-way access fee for each small cell facility that the provider deploys that requires use of the city's public right-of-way, but such fee shall not be based on such provider's gross receipts derived from services provided within the city's corporate limits. (2) The provisions of paragraph (1) shall only apply to a wireless infrastructure provider to the extent of such provider's operations and services as a provider for the deployment of small cell facilities in the city's public right-of-way that are used for the provision of wireless services. Nothing in this subsection shall be construed to apply to such provider's other operations and services as a utility or otherwise or have any effect on any franchise that is related to such other operations and services.

Kansas

2013

Kan. Stat. Ann. 66-1,187(a)

Telecommunications public utility; definitions

Category: Definitions

Topic: Definition - Broadband (Speed of 1.5 Mbps or less)

Defines broadband as the transmission of data at rate equal to or greater than 1.5 megabits per second.

State Code

(a) "Broadband" means the transmission of digital signals at rates equal to or greater than 1.5 megabits per second.

Kansas

2013

Kan. Stat. Ann. 66-1,187(q)

Telecommunications public utility; definitions

Category: Funding and financing

Topic: State Universal Service Fund (Schools and Libraries)

Defines enhanced universal service as providing full-fiber interconnectivity and broadband-capable facilities to all accredited schools, hospitals, public libraries, and state and local government facilities that request broadband service.

State Code

(q) "Enhanced universal service" means telecommunications services, in addition to those included in universal service, which shall include: Signaling system seven capability, with CLASS service capability; basic and primary rate ISDN capability, or the technological equivalent; full-fiber interconnectivity, or the technological equivalent, between central offices; and broadband capable facilities to: All schools accredited pursuant to K.S.A. 2018 Supp. 72-3214 et seq., and amendments thereto; hospitals as defined in K.S.A. 65-425, and amendments thereto; public libraries; and state and local government facilities which request broadband services.

Kansas

2018

Kan. Stat. Ann. 66-1286

Establishing the statewide broadband expansion planning task force; membership; duties; compensation; reports to the Legislature

Category: Broadband programs

Topic: Task force

Establishes a statewide broadband task force and defines the composition of the task force. Defines its mission as developing criteria for creating a statewide broadband map; identifying risks and challenges associated with a statewide broadband expansion project; considering recent Federal Communications Commission actions; identifying potential funding sources; reviewing and making recommendations on existing public right of way and public utilities law to facilitate broadband deployment; and proposing future activities necessary to create a statewide broadband expansion plan. This section expires on June 30, 2020.

State Code

(a) There is hereby established the statewide broadband expansion planning task force. The task force shall be composed of 17 voting members, as follows: (1) The chairperson, vice-chairperson and ranking minority member of the house standing committee on energy, utilities and telecommunications; (2) the chairperson, vice-chairperson and ranking minority member of the senate standing committee on utilities; (3) one member appointed by the Kansas association of counties; (4) one member appointed by the Kansas league of municipalities; (5) one member appointed by the Kansas rural independent telephone coalition; (6) one member from the Kansas cable telecommunications association; (7) one member appointed by the cellular telecommunications industry association representing a wireless carrier; (8) one member representing an electing carrier; (9) one member representing an incumbent local exchange carrier that is price-cap regulated and a recipient of KUSF funds and serves a rural service area; (10) one member appointed by the Kansas electri