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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT AMENDED AND ADOPTED
May 31, 2007
H. 3569
Introduced by Reps. Harrell, Loftis, Govan, Merrill, Simrill, Bingham, Shoopman, Bannister, Haley, Bedingfield, Mitchell, Herbkersman, F.N. Smith, Anderson, Anthony, Bales, Barfield, Bowen, Bowers, R. Brown, Cato, Cooper, Davenport, Duncan, Edge, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, Hinson, Hiott, Howard, Jennings, Limehouse, Littlejohn, Lowe, Lucas, Mahaffey, Miller, Neilson, Owens, Pinson, M.A. Pitts, Rice, Sandifer, J.R. Smith, Taylor, Umphlett, Whitmire, Witherspoon, Young, Knight, Talley, Walker, Ballentine and Hart
S. Printed 5/31/07--S. [SEC 6/4/07 3:27 PM]
Read the first time May 1, 2007.
TO CREATE THE SOUTH CAROLINA TECHNOLOGY AND COMMUNICATIONS STUDY COMMITTEE FOR THE PURPOSE OF EVALUATING THE STATE'S BROADBAND COMMUNICATIONS INFRASTRUCTURE AND ASSESSING THE AVAILABILITY OF AND NEED FOR BROADBAND SERVICES IN UNSERVED AND UNDERSERVED AREAS WITHIN THE STATE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The General Assembly finds that:
(1) access to computers and the Internet, along with the ability to effectively use these technologies, is becoming increasingly important for full participation in America's economic, political, and social life;
(2) affordable, high-speed Internet access is critical to attracting, growing, and retaining businesses in the highly competitive global marketplace;
(3) in the digital age, universal connectivity at an affordable price is a necessity for business transactions, education and training, health care, and government services;
(4) broadband service to access information and resources is pivotal to eliminating the digital divide and promoting the economic and personal self-sufficiency of low-income individuals;
(5) broadband service is proving valuable to the economic transitioning and growth of distressed urban and rural communities;
(6) broadband service currently is being provided using a number of different technologies, each of which has unique characteristics and advantages;
(7) communications service providers in South Carolina, including those in rural areas of the State, have invested and continue to invest significant amounts of capital to deploy and maintain networks to make broadband services available to the vast majority of South Carolina citizens;
(8) access to computers and broadband access at home and at school enhances the learning environment for school age children; and
(9) changes to the 2495-2690 MHz band of the spectrum licensed by the Federal Communications Commission for Educational Broadband Service and Broadband Radio Service will enable EBS and BRS providers to use that spectrum in a more technologically and economically efficient manner, encourage licensees to digitize their frequencies thereby creating excess capacity on their spectrum, and allow licensees to lease up to ninety-five percent of their capacity to commercial entities.
(B) It is the goal of the General Assembly to ensure that:
(1) all South Carolinians have affordable access to broadband products and services as quickly as possible; and
(2) the policies of this State promote technological neutrality, competition, investment, and innovation so that broadband service providers have sufficient incentive to develop and offer these products and services.
(C) There is created a committee to be known as the "South Carolina Broadband Technology and Communications Study Committee", composed of the following seventeen members, of whom fourteen are voting members and three are nonvoting members:
(1) two members of the Senate appointed by the President Pro Tempore of the Senate;
(2) two members of the House of Representatives appointed by the Speaker;
(3) two members of the private sector appointed by the President Pro Tempore of the Senate, each having a background of substantial duration and expertise in telecommunications or broadband issues;
(4) two members of the private sector appointed by the Speaker of the House of Representatives, each having a background of substantial duration and expertise in telecommunications or broadband issues;
(5) one member from the private sector who has a background of substantial duration and expertise in telecommunications or broadband issues appointed by the Governor;
(6) one member to represent the Municipal Association of South Carolina appointed by the Governor;
(7) one member to represent the South Carolina Association of Counties appointed by the Governor;
(8) the President of Trident Technical College or his designee;
(9) the Secretary of Commerce or his designee;
(10) the President of the South Carolina Educational Television or his designee;
(11) the State Chief Information Officer (CIO), or his designee, who shall serve ex officio in a nonvoting and advisory capacity;
(12) the Executive Director of the Office of Regulatory Staff, or his designee, who shall serve ex officio in a nonvoting and advisory capacity; and
(13) the Director of the State Library, or his designee, who shall serve ex officio in a nonvoting and advisory capacity.
(D) The senior member from the Senate shall serve as chairman of the committee and the senior member from the House of Representatives shall serve as vice-chairman of the committee.
(E) Committee members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the committee while they hold that office. A vacancy in the membership of the committee must be filled in the manner of the original appointment. Committee membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of this State. Committee members are subject to the provisions of the Ethics, Government Accountability, and Campaign Reform Act, Chapter 13, Title 8 of the code. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this committee as provided in this joint resolution.
(F) Committee members serve without compensation, except citizen members are allowed the per diem and mileage as provided by law for members of a board, committee, or commission while on official business of the committee.
(G) The committee has no authority over the portion of the spectrum allocated to public safety services or the broadband assets of the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina.
(H) The committee has the following powers and duties:
(1) evaluate how to best foster a partnership between the private sector and public sector to accomplish the goals of this section;
(2) engage consultants and counsel with expertise in issues relating to the operation of large broadband networks to advise and assist the committee in the evaluation of information and data;
(3) evaluate the state's broadband communications infrastructure to determine whether and where broadband services are available, by whom they are provided, and by what manner of technology;
(4) assess the need for broadband services in unserved and underserved areas within the State;
(5) maintain an inventory of locations within the State at which broadband services are not available or are underutilized;
(6) identify the types and locations of infrastructure and services required to satisfy the need for broadband services in unserved and underserved areas within the State;
(7) make recommendations to the General Assembly regarding the best method of leasing the excess capacity of EBS licensees in this State. In making its recommendations, the committee must consider whether broadband service expansion should be accomplished in a manner that allows South Carolina based broadband providers a reasonable opportunity to contribute toward the realization of the goals of this section. Excess capacity must not be leased prior to approval of the recommendations of the study committee by the General Assembly. Upon approval of the recommendations by the General Assembly, the EBS licensees are authorized to lease excess capacity in cooperation with the Division of the CIO. The awarding of contracts for the lease of excess capacity must be done by competitive solicitation in accordance with the South Carolina Consolidated Procurement Code. In entering into contracts to allow third parties to lease the EBS licensee's excess capacity, the EBS licensee and the Division of the CIO must not impose any pricing requirements on those third parties. The committee must make recommendations to the General Assembly as to how best to utilize the funds received from the lease of excess capacity. The committee must consider, at a minimum, whether the funds should be used to offset the costs of broadband service for qualified low-income subscribers, whether the licensee or other state entity should receive all or a portion of the funds, or any other use of the funds to the benefit of the State; and
(8) recommend to the General Assembly necessary legislation, rules, programs, and policies for the State, a state agency, or a political subdivision of the State to advance the goal of providing all South Carolinians with affordable access to broadband products and services; provided that any policies recommended by the committee should promote technological neutrality, competition, investment, and innovation to ensure that broadband service providers have sufficient incentive to develop and offer these products and services.
(I) In performing its powers and duties, the committee must act in the public interest. For purposes of this section, "public interest" includes, but is not limited to, a balancing of the following:
(1) concerns of the using and consuming public with respect to broadband services, regardless of the class of customer;
(2) economic development and job attraction and retention in South Carolina;
(3) viability of existing broadband networks and recognition of the investments made therein; and
(4) encouragement of continued private investment in and maintenance of broadband facilities so as to provide reliable and high quality broadband services.
(J) The committee must use clerical and professional employees of the Senate and the House of Representatives for its staff, as approved and designated by the President Pro Tempore of the Senate and the Speaker of the House, respectively. Upon request by the committee, the Division of the CIO and ETV must make available to the committee technical and professional staff. The costs and expenses of the committee must be paid from the approved accounts of the Senate and the House of Representatives, respectively, in the exercise of the duties of and work on behalf of the committee.
(K) The committee must submit a report containing its findings and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than December 31, 2007.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
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