A BILL TO BE ENTITLED
AN ACT To Encourage provision of broadband access in all areas of North Carolina by providing for the creation of a State Broadband Plan by THe Office of the State Chief Information Officer and by specifying that broadband service providers may offer communications and broadband services in areas where the INCUMBENT service provider is not providing broadband service.
The General Assembly of North Carolina enacts:
SECTION 1.  The General Assembly finds that the availability of community broadband connectivity through the expansion of readily accessible Internet to all of North Carolina's counties is vital for the continued economic prosperity of all the State's citizens and that a plan to meet this need for high‑quality digital access is necessary to achieve this end in the quickest and most efficient manner.
SECTION 2.  The Office of the State Chief Information Officer, through its Office of Digital Infrastructure, and with the assistance of the Department of Transportation, the Department of Administration, the Department of Commerce, North Carolina State University, the University of North Carolina at Charlotte, any other relevant state agencies, and private sector stakeholders, shall develop a State broadband plan to ensure that all citizens of North Carolina have access to broadband capability. The plan shall include the following components:
(1)	Identification of the most effective and efficient means for deployment, utilization, and adoption of broadband throughout the State.
(2)	A detailed strategy for achieving affordability of such service.
(3)	An evaluation of the status of deployment of broadband service, including a survey of projects and programs undertaken across the State by commercial broadband providers, local governments, and nongovernmental organizations.
(4)	Recommendations to foster the deployment, utilization, and adoption of broadband for the purposes of enhancing economic development, education, public safety, healthcare delivery, energy efficiency, job creation, and government efficiency.
SECTION 3.  The Office shall report no later than May 1, 2016, to the Joint Legislative Committee on Information Technology on the State broadband plan and include recommendations for necessary legislative action and cost estimates for achieving the objectives set forth in the plan.
SECTION 4.  Funding for the implementation of this act shall be provided by the Office of the State Chief Information Officer using funds available from the Information Technology Fund.
SECTION 5.  G.S. 62‑113(c) reads as rewritten:
"(c)	Any broadband service provider that provides voice grade communication services within a defined service territory or franchise area, and elects to provide broadband service in areas outside its service territory or franchise area, may provide such voice grade service as an incident to such broadband service to a customer when the incumbent telecommunications or cable provider is not currently providing broadband service to the customer, without violating its service territory restrictions or franchise agreement."
SECTION 6.  This act is effective when it becomes law.