Enacts GS 62-350.1, requiring a municipality or membership corporation to replace a pole in any instance where a communications service provider (provider) is granted access under GS 62-350(a) for the purpose of offering broadband service in an unserved area which requires replacement of the pole consistent with applicable safety requirements, and the provider has requested replacement. Defines "unserved area" and "for the purpose of offering broadband service in an unserved area." Bars requiring reimbursement for the replacement costs except costs incurred solely because of attachment, defined to mean the reasonable costs of advancing the retirement of the pole that would have occurred in the absence of the attachment, as evidenced by specified records maintained by the municipality or membership corporation. Details the required actions of a municipality or membership corporation upon a provider's request for the purposes of offering broadband service in an unserved area and facilitating access to the poles within the time lines and procedures of utility poles set forth in specified federal law. Provides for dispute resolution before the Utilities Commission regarding denied requests for access or attachment, initiated by the municipality, the membership corporation or any attaching party. Requires the Utilities Commission to issue a final order within 120 days of initiation, with extension permitted for good cause subject to agreement of the parties. Authorizes the Utilities Commission to adopt necessary implementing rules.
Amends GS 153A-149, authorizing counties to levy property taxes, up to the specified rate limitation, for the purpose of providing grants to high-speed internet access service (as defined) providers or building facilities and equipment of a broadband service (as defined).
Revises GS 153A-459 to now allow counties to provide grants to private or nonprofit providers of high-speed internet access service to expand service in the county. Requires awarding grants on a technology neutral basis. Permits requiring matching funds. Allows counties to seek and consider requests for proposals from providers prior to awarding a grant. Allows a county to use general fund revenue and State or federal funds for the grants. Authorizes counties to construct internet technology infrastructure capable of delivering high-speed Internet access service within the county, and lease or sell technology infrastructure to private or nonprofit providers to increase access within the county. Allows the county to use general fund revenue and State or federal funds to construct the technology infrastructure. Does not authorize counties to provide high-speed internet broadband service.
Amends GS 160D-931 to include that city utility poles are part of a public enterprise owned or operated by a city under Article 16 of GS Chapter 160A consisting of an electric power generation, transmission, or distribution system (previously only provided for its ownership, location and function).
Enacts GS 160D-935(a1) to prohibit a city from charging a wireless provider who is taxed under specified state law who submits an application under GS 160D-935(d) or GS 160D-936(j) for permit fees for the collocation of a small wireless facility or the installation, modification or replacement of a utility pole or city utility pole in the city right-of-way; or recurring charges for the collocation of a small wireless facility in the city right-of-way or the installation, modification, or replacement of a utility pole or city utility pole in the city right-of-way, except for just, nondiscriminatory fees and attachment fees authorized under GS 160D-937(a), (c), and (d). Regarding application fees and consulting fees, no longer limits cities authorities to charge these fees upon the limitations set forth in GS 160A-296(a)(6) (which prohibits charging fees for certain entities regarding activities conducted in its right-of-way). Amends GS 160D-936 to similarly no longer limit a city's authority to assess a right-of-way charge for use or occupation by a wireless provider to the limitations of GS 160A-296(a)(6).
Amends GS 160D-937 to specify that Part 3 of Article 9, which governs wireless telecommunication facilities, is not to be construed to apply to an electric membership corporation organized under GS Chapter 117 that owns or controls poles, ducts, or conduits and is exempt from regulation under specified federal law. Eliminates the term excluded entity and the exemption of excluded entities from the statute, which governs access to city utility poles to install small wireless facilities. Makes the provisions regarding the statute's effect on the authority of an excluded entity to apply to electric membership corporations instead, except no longer provides for authority over city utility poles, and more specifically provides for use by communications services providers of poles, ducts, or conduits owned by electric membership corporations.
COUNTY BROADBAND AUTHORITY.
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View NCGA Bill Details | 2021 |
AN ACT TO FACILITATE THE EXPANSION OF BROADBAND SERVICE IN UNSERVED AREAS OF THE STATE BY ENSURING TIMELY AND NONDISCRIMINATORY ACCESS TO MUNICIPAL AND ELECTRIC MEMBERSHIP COOPERATIVE UTILITY POLES, DUCTS, AND CONDUITS AT JUST AND REASONABLE RATES; TO AUTHORIZE COUNTIES TO PROVIDE GRANTS TO HIGH-SPEED INTERNET ACCESS SERVICE PROVIDERS AND TO BUILD FACILITIES AND EQUIPMENT OF A BROADBAND SERVICE AND TO LEVY TAXES FOR THOSE PURPOSES; TO FURTHER DEFINE THE TERM "CITY UTILITY POLE"; TO PROHIBIT CERTAIN FEES FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES; AND TO MAKE RELATED CHANGES.Intro. by Corbin, Hise, Foushee.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 8 2021)
Bill History:
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Wed, 7 Apr 2021 Senate: Filed
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Thu, 8 Apr 2021 Senate: Passed 1st Reading
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Thu, 8 Apr 2021 Senate: Ref To Com On Rules and Operations of the Senate
S 689
Bill Summaries:
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Bill S 689 (2021-2022)Summary date: Apr 9 2021 - View Summary
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