BROADBAND MODERNIZATION ACT.

View NCGA Bill Details2021
House Bill 1133 (Public) Filed Thursday, May 26, 2022
AN ACT TO STANDARDIZE THE DEFINITION OF BROADBAND AND TO MODERNIZE BROADBAND SPEED BENCHMARKS IN THE GENERAL STATUTES.
Intro. by Farkas, Saine, Arp.

Status: Ref to the Com on Energy and Public Utilities, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House (House action) (May 31 2022)
H 1133

Bill Summaries:

  • Summary date: May 31 2022 - More information

    Amends GS 143B-1320, adding the following four defined terms, applicable to Article 15, which regulates the Department of Information Technology (DIT). Defines broadband service as internet access service of at least 25 megabits per second download and at least 3 megabits per second upload, regardless of the technology or medium used to provide the service. Defines underserved area as a designated geographic area that (1) presently does not have broadband service, and (2) has transmission speeds of less than 25 megabits per second download and 3 megabits per second upload, which can also include individual homes and businesses. Additionally adds and defines served area and unserved area

    Revises the definitions provided for broadband service, underserved area, unserved area, or high-speed internet access services in the following statutes to cross-reference the definitions of the defined terms, or parts thereof, provided in GS 143B-1320: GS 143B-1373, governing the Growing Rural Economies with Access to Technology (GREAT) program; GS 143B-1374, governing the Satellite-Based Broadband Grant Program; GS 146-29.2, providing for the lease or interest in the State's real property for communication purposes; GS 153A-459, permitting county broadband acceleration through grants to private or nonprofit broadband providers; and GS 160A-340, relating to the provision of communications services by cities under Article 16A.  Makes technical and conforming changes. 

    Effective July 1, 2023, further amends GS 143B-1320, as amended, to increase the threshold speeds set in the enacted defined terms as follows. Defines broadband service as internet access service of at least 100 (was, 25) megabits per second download and at least 20 (was, 3) megabits per second upload, regardless of the technology or medium used to provide the service. Defines underserved area as a designated geographic area that (1) presently does not have broadband service, and (2) has transmission speeds of less than 100 (was, 25) megabits per second download and 20 (was, 3) megabits per second upload. Defines unserved area as a designated geographic area that presently does not have broadband service or presently has transmission speeds of 25 megabits per second download and 3 megabits per second upload, or less, but does not have transmission speeds meeting the definition of broadband service (previously limited to designated areas that do not have broadband service). Makes conforming changes to GS 143B-1373(g), regarding base speed multipliers for minimum download and upload speeds for proposed project applications under the GREAT program. 

    Appropriates $100,000 from the General Fund to DIT for 2022-23 to update requirements of broadband programs administered by DIT impacted by the increased speed benchmarks established by the act and other administrative costs associated with the programs. Effective July 1, 2022. 


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