Bill Summary for H 129 (2011-2012)

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Summary date: 

Apr 27 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 129 (Public) Filed Thursday, February 17, 2011
Intro. by Avila.

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Bill summary

Senate committee substitute makes the following changes to 3rd edition.
Amends the definition for communications service to clarify that the term does not apply to the sharing of data or voice between governmental entities for internal governmental purposes. Amends the definition for high-speed Internet access service to define it as Internet access service with transmission speeds that are equal to or greater than the requirements for basic broadband tier 1 service as defined by the Federal Communications Commission (FCC) for broadband data gathering and reporting.
Clarifies that the term unserved area as used in subsection (b) of proposed GS 160A-340.2 (exemptions) means a census block as designated by the most recent census of the U.S. Census Bureau, as defined. Provides that a city may petition the FCC to serve multiple contiguous unserved areas in the same proceeding. Also provides that for the purposes of subsection (c), corporate limits means the corporate limits of the city as of April 1, 2011, or as expanded through annexation. Identifies the specific service areas for the joint agency operated by the cities of Davidson and Mooresville, for the city of Salisbury, and for the city of Wilson. Provides that the exemptions provided in the statute do not exempt a city or joint agency from laws and rules that generally apply to governmental services, including prohibitions against discrimination. Provides that a city subject to the exemption in subsection (c) of proposed GS 160A-340.2, which provides communications service to a customer outside of the limits specified in subsection (c), has 30 days from the date of notice or discovery of the action to stop providing service to the customer without losing the exemption.
Provides that the special election that a city must hold before incurring debt for constructing a communications system must be on the question of whether the city may provide communications service (was, on the question of whether the city should incur the debt for the proposed purposes). Provides that if the majority of the votes cast are in favor of providing communications service (was, in favor of the city incurring the debt) then the city may incur the debt for the service. If the majority of votes oppose the city providing communications service, then the city cannot incur the debt.
Makes technical corrections and other clarifying changes.