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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: May 5, 2009 <br />Action Agenda <br />Item No. ~ - a <br />SUBJECT: Resolution Opposing House Bill 1252 and Senate Bill 1004 <br />DEPARTMENT: County Manager PUBLIC HEARING: (YIN) No <br />ATTACHMENT(S): INFORMATION CONTACT: <br />Proposed Resolution Laura Blackmon, 245-2300 <br />House Bill 1252 (Second Edition) <br />Email from Triangle J Council of <br />Governments on House Bill 1252 <br />(Second Edition) <br />List of House Public Utilities Committee <br />Members <br />PURPOSE: To consider approval of a resolution opposing House Bill 1252 and Senate Bill <br />1004 and any other similar legislation, authorize the Chair to sign the resolution, and direct the <br />Clerk to the Board to forward the signed resolution to Orange County's legislative delegation <br />and members of the House Public Utilities Committee of the North Carolina General Assembly. <br />BACKGROUND: House Bill 1252 and its companion bill Senate Bill 1004, both entitled "Level <br />Playing Field/Cities/Service Providers" and referred to by proponents as the Level Playing Field <br />Act, have been introduced in the 2009 Session of the General Assembly of North Carolina. The <br />bills have been referred to the House Public Utilities Committee and Senate Commerce <br />Committee, respectively. <br />These bills do not provide a "level playing field" to cities, towns and counties, but instead hinder <br />local governments from providing needed communications services, especially advanced high- <br />speed broadband services, in underserved areas. This bill also impose numerous obligations <br />on local governments that private broadband companies do not have to meet <br />The bills would also prohibit North Carolina local governments from applying for and using <br />federal grant funds (including $4.7 billion from the American Recovery and Reinvestment Act) to <br />deploy or operate locally-owned or operated broadband systems. This would deny access to <br />federal assistance to provide affordable high capacity broadband services to unserved and <br />underserved areas of North Carolina. <br />FINANCIAL IMPACT: There is no financial impact associated with consideration of the <br />resolution. <br />RECOMMENDATION(S): The Manager recommends the Board approve the resolution <br />opposing House Bill 1252 and Senate Bill 1004 and any other similar legislation, authorize the <br />Chair to sign the resolution, and direct the Clerk to the Board to forward the signed resolution to <br />Orange County's legislative delegation and members of the House Public Utilities Committee of <br />the North Carolina General Assembly. <br />