Bill Summary – FastDemocracy

-- S 0896
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     LC002850
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                       STATE               OF         RHODE              ISLAND
                                           IN GENERAL ASSEMBLY
                                        JANUARY SESSION, A.D. 2021
                                              ____________
                                                  AN ACT
           RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND
                         BROADBAND DEVELOPMENT PROGRAM
                Introduced By: Senators Seveney, Euer, DiPalma, and Sosnowski
                Date Introduced: May 14, 2021
                Referred To: Senate Commerce
     It is enacted by the General Assembly as follows:
         SECTION 1. The general assembly hereby finds that:
         (1) Fiber-optic technology plays an integral role in remote learning, small business,
 telehealth, public safety and emergency communication, and economic development. COVID-19
 has proven the need for dedicated high-speed, fiber-optic technology.
         (2) Broadband is not wireless. Broadband fiber-optic is laser transmitted at the speed of
 light; broadband fiber-optic does not require electricity which means that if electrical power is
 interrupted due to inclement weather or a major power outage, Internet service continues.
         (3) The telecommunications industry has been using fiber-optic cable for the past forty (40)
 years. Any effective fifth generation (5G) wireless network requires a fiber-optic backbone.
         (4) Because of the size of Rhode Island, the state has more fiber-optic cable per square mile
 than any other state in the country. Over forty-eight (48) strands of fiber-optic cable run on
 telephone poles throughout the state, yet less than ten (10) strands are being used and only by
 hospitals, colleges, universities, libraries, and schools.
         (5) Rhode Island is one of only two (2) states in the country that does not have a broadband
 coordinator or entity since Broadband Rhode Island was disbanded in 2014. Since then Rhode
 Island has missed out on hundreds of thousands of federal technology dollars because it is one of
 only two states without a broadband coordinator to access federal dollars.
         (6) Other New England states have a broadband entity or coordinator housed in either
 Economic Development/Commerce (MA, NH), or Consumer Council (VT, CT).
         (7) In light of a new federal administration and renewed funding, Broadband Technology
 Opportunities Program (BTOP) Rhode Island must be positioned to access federal funding, address
 issues of high- speed access, and leverage economic development opportunities in a 21st century
 economy.
         (8) Rhode Island needs a statewide broadband strategy to create the on/off ramps to connect
 Rhode Island residents and businesses to the forty-eight (48) strands of fiber-optic technology that
 run throughout this state. This strategy shall include creating a modern network in order that
 residential and business customers can experience gigabit service, create competition by making
 pricing affordable with Internet service provider (ISP) choices, and bridge the digital divide in rural
 areas or where telecommunication providers choose not to service.
         SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND
 GOVERNMENT" is hereby amended by adding thereto the following chapter:
                                             CHAPTER 160
              THE RHODE ISLAND BROADBAND DEVELOPMENT PROGRAM
         42-160-1. Definitions.
         As used in this chapter, the following words shall have the following meaning:
         (1) "Broadband" means a laser high speed and high capacity transmission technique using
 a wide range of frequencies to include, but not limited to, transmission over strands of fiber optic.
         (2) "Broadband coordinator" or "coordinator" means the broadband coordinator designated
 pursuant to the provisions of § 42-160-2.
         (3) "Broadband council" or "council" means the broadband council established pursuant to
 the provisions of § 42-160-3.
         (4) "Sustainable adoption" means the ability for communications service providers to offer
 broadband services in all areas of the state by encouraging adoption and utilization levels that allow
 for these services to be offered in the free market absent the need for governmental subsidy.
         (5) "Underserved" means a geographic area of the state in which there is no provider of
 broadband Internet service that offers dedicated Internet access with a capacity for transmission at
 a consistent speed of at least one hundred (100) megabits per second downstream and at least
 twenty-five (25) megabit per second upstream. Subject to adjustment as technology evolves,
 upload/download speeds will be adjusted for dedicated Internet access and not best efforts.
         42-160-2. Broadband coordinator.
         An employee of the Rhode Island commerce corporation (Commerce RI) shall be
 designated by the secretary of commerce as the broadband coordinator. The broadband coordinator
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 shall be responsible for connecting and communicating with the National Telecommunications and
 Information Administration (NTIA) to access federal funds for municipal broadband pilot
 programs and future economic development. The broadband coordinator shall meet quarterly with
 the broadband council. The broadband coordinator shall perform such other duties as assigned by
 the secretary.
         42-160-3. Broadband council established.
         (a) There is hereby established a broadband council for the purpose of performing the
 duties enunciated in § 42-160-4.
         (b) The council shall consist of the following twelve (12) members:
         (1) Rhode Island emergency management administrator or designee.
         (2) Rhode Island League of Cities and Towns administrator or designee.
         (3) Department of the public utilities commission administrator or designee.
         (4) Ocean State Libraries of Rhode Island (OSL) administrator or designee.
         (5) OSHEAN administrator or designee.
         (6) Rhode Island department of transportation director or designee.
         (7) Rhode Island infrastructure bank administrator or designee.
         (8) Providence Chamber of Commerce administrator or designee.
         (9) Newport Chamber of Commerce administrator or designee.
         (10) Engineer from NUWC or community member with broadband expertise appointed
 jointly by the speaker of the house and the president of the senate.
         (11) Telecommunications attorney appointed by the governor.
         (12) George Wiley Center executive director or designee.
         (c) Members of the council shall designate a chairperson.
         (d) Members of the council shall serve without compensation.
         (e) Vacancies shall be appointed in the same manner as the original appointment.
         42-160-4. Duties and powers of broadband council.
         (a) The council in the performance of its duties, shall do all the following:
         (1) Create a strategic plan that has goals and strategies for increasing the use of broadband
 Internet service in the state. The plan shall include a process to review and verify public input
 regarding transmission speeds and availability of broadband Internet service throughout the state.
         (2) Build and facilitate local technology planning teams or partnerships with members
 representing cross-sections of the community, which may include, but are not limited to,
 representatives from the following organizations and industries: libraries, kindergarten through
 grade twelve (K-12) education, colleges and universities, local health care providers, private
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 businesses, community organizations, economic development organizations, local governments,
 tourism, parks and recreation, and agriculture.
         (3) Encourage the use of broadband Internet service, especially in the rural, unserved, or
 underserved communities of the state through effective strategies to facilitate the statewide
 deployment of broadband Internet services to include, but not limited to, the following:
         (i) Provide information and advice to increase access to broadband education, awareness,
 training, access, equipment, and support to libraries, schools, colleges and universities, health care
 providers, and community support organizations.
         (ii) Encourage the sustainable adoption of broadband in primarily underserved areas by
 recommending proposed legislation to the general assembly removing barriers to entry.
         (iii) Work toward encouraging municipal investments in establishing affordable and
 sustainable broadband Internet service.
         (iv) Facilitate the development of applications, programs, and services, including, but not
 limited to, telework, telemedicine, and e-learning to increase the usage of, and demand for,
 broadband Internet service in the state.
         (4) Monitor, participate in, and provide input in proceedings of the Federal
 Communications Commission and other federal agencies related to the geographic availability and
 deployment of broadband Internet service in the state as necessary to ensure that this information
 is accurately presented and that rural, unserved, and underserved areas of the state are best
 positioned to benefit from federal and state broadband deployment programs.
         (b) The council may work in collaboration with the commerce corporation and other quasi-
 public and nonprofit entities and state agencies, and may provide advisory assistance to local
 entities, local authorities, public bodies and private corporations for the purposes of maximizing
 opportunities for the expansion of broadband access in the state and fostering innovative
 approaches to broadband access in the state.
         42-160-5. Funding.
         In addition to any appropriations by the state for the council to perform its duties, the
 broadband coordinator shall apply for and accept any federal funds or grants to perform the
 functions of this chapter.
         42-160-6. Administrative support to council.
         The broadband council shall be administratively attached to the Rhode Island commerce
 corporation established pursuant to chapter 64 of title 42. The Rhode Island commerce corporation
 shall be responsible for providing support services to the council.
         42-160-7. Meetings and reporting.
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         The council shall meet at least quarterly and shall report at least quarterly to the general
 assembly on its findings and recommendations to include, but not limited to, recommendations for
 proposed legislation to further the purposes of this chapter.
         SECTION 3. This act shall take effect on September 1, 2021.
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                                            EXPLANATION
                                  BY THE LEGISLATIVE COUNCIL
                                                   OF
                                              AN ACT
         RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND
                       BROADBAND DEVELOPMENT PROGRAM
                                                   ***
         This act would establish the twelve (12) member broadband council to create a plan to
 increase the use of broadband service in the state. A broadband coordinator is to be designated in
 Commerce RI to access federal funds and coordinate with the council.
         This act would take effect on September 1, 2021.
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