GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                    2

HOUSE BILL 135

Committee Substitute Favorable 3/19/09

Short Title:        Broadband Service Providers.	(Public)
Sponsors:
Referred to:

February 12, 2009

A BILL TO BE ENTITLED

AN ACT permittING CERTAIN BROADBAND SERVICE PROVIDERS that PROVIDE VOICE GRADE COMMUNICATIONS SERVICES WITHIN A DEFINED SERVICE TERRITORY OR FRANCHISE AREA TO OFFER SUCH VOICE GRADE SERVICE AS AN INCIDENT TO BROADBAND SERVICE in areas contiguous to THE PROVIDERS' SERVICE TERRITORY OR FRANCHISE AREA.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 62‑113 is amended by adding a new subsection to read:

"(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 contiguous to 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 2.  This act is effective when it becomes law.