A BILL TO BE ENTITLED
AN ACT authorizing warren county to create a telecommunications authority to provide greater telecommunications services to citizens and businesses in the county.
The General Assembly of North Carolina enacts:
SECTION 1.  Warren County may, by resolution or ordinance, create a Telecommunications Authority (hereinafter referred to as the Authority) that shall consist of five members, who shall serve for two‑year terms.  The members shall be appointed by the County's Board of Commissioners (hereinafter referred to as the Board).  Appointments to fill vacancies occurring during the regular terms shall be made by the Board. The appointments of all members shall run until their successors are appointed and qualified.
The members of the Authority shall elect a chairman and vice‑chairman from the membership of the Authority. They shall also elect a secretary who may, or may not, be a member of the Authority.
A majority of the members shall constitute a quorum for the transaction of business, and an affirmative vote of the majority of the members present at a meeting of the Authority shall be required to constitute action of the Authority.
SECTION 2.  The Telecommunications Authority shall be authorized to grant telecommunications franchises and to offer for sale or lease at full or partial consideration telecommunications infrastructure or equipment, including pole or tower attachments, antennas or conduit occupancy, or services, including intragovernmental radio dispatch or paging systems, to: (i) any department, office, board, commission, agency, or other division or entity of Warren County; (ii) the citizens of Warren County; (iii) the Warren County School Board; or (iv) a department, office, board, commission, agency, or other division or entity of an adjoining county if the actual cost of the telecommunications equipment, infrastructure, or service does not exceed the cost of providing the equipment, infrastructure, or service.  For purposes of this act, telecommunications shall mean a high‑speed, switched electrical or spectral transmission enabling users to originate and receive voice, data, graphics, and video using any available technology.
SECTION 3.  The Telecommunications Authority shall also have the authority to:
(1)	Acquire real property by eminent domain under Chapter 40A of the General Statutes, but the Authority shall not acquire any facilities or property owned by a telephone company, electric company, or cable operator.
(2)	With the approval of the Board, make or enter into contracts or agreements necessary to carry out its purpose as stated in this act.
SECTION 4.  The establishment and operation of a Telecommunications Authority as authorized in this act are governmental functions and constitute a public purpose, and the Board is hereby authorized to appropriate funds to support the establishment and operation of the Authority.  The Authority is hereby authorized to establish such license and regulatory fees and charges as it may deem appropriate, subject to the approval of the Board.
SECTION 5.  The Authority shall be fiscally accountable to the Board, and the Board shall have authority to examine all records and accounts of the Authority at any time.
SECTION 6.  Nothing in this act shall be construed to limit or otherwise affect the power or authority of the North Carolina Utilities Commission or the right of appeal to the North Carolina Utilities Commission as provided by law.
SECTION 7.  Nothing in this act shall be construed to limit or otherwise affect the applicability of the Federal Telecommunications Act of 1996, 47 U.S.C. § 151, et seq., to any actions taken by the Telecommunications Authority or the Warren County Board of Commissioners.
SECTION 8.  This act is effective when it becomes law.