Agenda - 05-05-2009 - 4q - Laserfiche WebLink

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General Assembly Of North Carolina Session 2009 1 ~ Shall not subsidize the cost of providingLcommunications service with funds 2 from anv other noncommunications service operation, or other revenue 3 source including anv funds or revenue generated from electric, gas, water, 4 sewer or garbaee services but excluding funds from State or federal grants 5 and other governmental stimulus programs In complying with this 6 requirement a city owned communications service provider shall not price 7 any communications service below the cost of providing the service. 8 ~4~ Shall in calculating the cost incurred and in the rates to be charged for the 9 provision of communications service impute• (i) the cost of the capital 10 component that is equivalent to the cost of capital available to private 11 communications service~roviders in the same locality: and (ii) an amount 12 equal to all taxes including_property taxes licenses fees and other 13 assessments that would apply to a private communications service provider 14 including federal State and local taxes• rights-of--way, franchise, consent, or 15 administrative fees; and pole attachment fees. 16 ~ Shall annually remit to the general fund of the city an amount equivalent to 17 all taxes or fees a private communications service provider would be 18 required to pay the city or county in which the city is located, including any 19 applicable tax refunds received by the city owned communications service 20 provider because of its government status and a sum equal to the amount of 21 property tax that would have been due if the city owned communications 22 service provider were a private communications service provider. 23 ~ Shall prepare and publish an independent annual audit in accordance with 24 generall~epted accounting~rinciples that reflect the fully allocated cost 25 of providing the communications service, including all direct and indirect 26 costs The indirect costs shall include amounts for rights-of--way, franchise, 27 consent or administrative fees re~ulatory fees, occupation taxes, pole 28 attachment fees and ad valorem taxes. The annual accounting shall reflect 29 anv direct or indirect subsidies received by the city owned communications 30 service provider and any_buildin~q_uipment, vehicles, and personnel that 31 are jointly used with other city departments shall be fully allocated to the 32 cites owned communications service. The North Carolina Utilities 33 Commission ma~pt rules and regulations to ensure compliance with the 34 provisions of this subdivision and all records demonstrating compliance 35 shall be filed with the North Carolina Utilities Commission and made 36 available for public inspection and copying. 37 ~ Exemptions. - 38 ~, The p rovisions of this section shall not apply to: 39 a. The purchase lease construction or operation of facilities by a city 40 to provide communications service within the city's boundaries for 41 the city's internal governmental purposes. 42 b. Any city whose jurisdiction is not served by a private provider of 43 hi hg_-speed Internet service or whose iurisdiction does not have 44 access to high-speed Internet service. For purposes of this subsection, 45 a city shall be determined to have access to high=speed Internet 46 service if high=speed Internet service is available to at least eighty 47 percent (80%) of the households in the cites 48 c. The provision of communications service by a city to the extent the 49 service is limited to areas of the city that are not served by any 50 private communications service provider. Page 2 House Bill 1252*-Second Edition