A BILL TO BE ENTITLED
AN ACT requiring inclusion of certain provisions in contracts between telecommunication service providers and owners or developers of commercial or residential property developments.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 1 of Chapter 62 of the General Statutes is amended by adding the following new section to read:
"§ 62‑5. Provisions required in contracts between telecommunication or data service providers and developers.
(a)	The following definitions apply in this section:
(1)	Preferred provider. –  Any telecommunication or data service provider who has secured a preferred provider contract for a development described in the contract.
(2)	Preferred provider contract. –  A contract or agreement between a telecommunication or data service provider offering service in this State, including services regulated by the Utilities Commission, or the parent company, subsidiary, or affiliate of the provider, and the owner or developer, or agent of the owner or developer, of a commercial or residential property development that confers rights and privileges upon the telecommunication or data service provider, including those regarding access to the development and marketing within the development, in return for valuable consideration.
(b)	The following shall be included in any preferred provider contract:
(1)	A provision granting other telecommunication or data service providers the option of obtaining physical access to the development that is the subject of the contract for purposes of installing facilities in order to offer service to the public on the same basis as the preferred provider.
(2)	A provision explicitly stating that no other telecommunication or data service provider regulated by the Utilities Commission is prohibited from obtaining easements or rights‑of‑way for the installation of facilities or equipment to provide telecommunication services.
(c)	Nothing in this section shall prohibit a user or prospective user of telecommunication or data service from entering into a lawful agreement with a telecommunication service provider to provide the user or prospective user telecommunication service."
SECTION 2.  This act is effective when it becomes law.