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GENERAL ASSEMBLY OF NORTH CAROLINA <br />SESSION 2009 <br />H 2 <br />HOUSE BILL 1252* <br />Committee Substitute Reported Without Prejudice 4/23/09 <br />Short Title: Level Playing Field/Cities/Service Providers. (Public) <br />Sponsors: <br />Referred to: <br />Apri19, 2009 <br />2 AN <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />A BILL TO BE ENTITLED <br />ACT TO REGULATE COMPETITION BETWEEN LOCAL GOVERNMENT AND <br />PRIVATE BUSINESS BY REQUIRING CITIES THAT PROVIDE <br />COMMUNICATIONS SERVICE TO THE PUBLIC TO COMPLY WITH LAWS <br />APPLICABLE TO PRIVATE PROVIDERS, TO ESTABLISH SEPARATE ENTERPRISE <br />FUNDS, TO NOT CROSS-SUBSIDIZE COMMUNICATIONS SERVICE WITH OTHER <br />GOVERNMENTAL FUNDS, TO IMPUTE THE COSTS THAT WOULD BE <br />INCURRED BY PRIVATE PROVIDERS, TO ANNUALLY REMIT TO THE CITY'S <br />GENERAL FUND THE COSTS THAT WOULD BE INCURRED BY PRIVATE <br />PROVIDERS, AND TO PREPARE AN ANNUAL AUDIT OF COMPETITIVE <br />ACTIVITIES. <br />The General Assembly of North Carolina enacts: <br />SECTION 1. Article 16 of Chapter 160A of the General Statutes is amended by <br />adding a new section to read as follows: <br />"_& 160A-329. City owned or operated communications service. <br />~ Definitions. -The following definitions apply in this section: <br />Communications network. - A wired or wireless network for the provision <br />of communications service. <br />~2,~ Communications service -The provision of cable telephone broadband or <br />Internet access service to the public or any sector of the public, regardless of <br />the technology used to deliver the service. <br />High=speed Internet. -Internet access with transmission speeds that are <br />consistent with requirements for high=s-speed broadband Internet access as <br />defined by the Federal Communications Commission from time to time. <br />Requirements - A city that operates a public enterprise under G.S. 160A-311 that <br />provides communications service to the public for a fee over a communications network that is <br />directly or indirectlyowned or operated by or provides a financial benefit to the city or another <br />city shall meet the following conditions with respect to the provision of communications <br />service: <br />Comkly with all local State and federal laws regulations, or other <br />requirements that would apply to the communications service if provided by <br />a private communications service provider. <br />Establish a separate enterprise fund for communications service and shall <br />use this fund to separately account for revenues expenses, property, and <br />source of investment dollars associated with the provision of <br />communications service. <br />nmmm <br />