North Carolina HB 838: DIT Agency Broadband Bill.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 838

Short Title: DIT Agency Broadband Bill. (Public)
Sponsors: Representatives Johnson, Pickett, and K. Hall (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Appropriations, if favorable, Rules, Calendar, and Operations of the House
April 10, 2025
*H838-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE VARIOUS CHANGES RELATED TO BROADBAND LAWS WITH 2
THE DEPARTMENT OF INFORMATION TECHNOLOGY. 3
The General Assembly of North Carolina enacts: 4
5
PART I. SATELLITE BROADBAND GRANTS 6
SECTION 1.1. G.S. 143B-1373.2 is repealed. 7
SECTION 1.2. G.S. 143B-1374 is repealed. 8
SECTION 1.3.(a) The Department of Information Technology shall use funds 9
appropriated for the Growing Rural Economies with Access to Technology program for fixed 10
wireless and satellite broadband grants, established in G.S. 143B-1373.2, to award grants to 11
eligible entities to purchase installation materials for satellite internet service and for the 12
provision of satellite internet service for a period of up to one year. Installation materials and 13
internet service must be for the grantee's own use and not for distribution to other parties. The 14
Department shall prioritize grant applicants that operate in one of the 39 counties designated as 15
a disaster area due to Hurricane Helene. The Department may also give priority to grantees that 16
offer emergency services, disaster relief, educational services, or economic development. 17
SECTION 1.3.(b) For the purposes of this section, an eligible entity is one of the 18
following: 19
(1) A State agency. 20
(2) A local government entity. 21
(3) An internet service provider. 22
(4) A nonprofit organization. 23
24
PART II. REPURPOSE BROADBAND FUNDING FOR DISASTER RELIEF FUNDING 25
SECTION 2.1.(a) The Department of Information Technology may provide 26
emergency funding to communications service providers, as that term is defined in Section 27
38.10(j) of S.L. 2021-180, to rebuild, repair, replace, and harden broadband infrastructure 28
damaged by Hurricane Helene, including reimbursement of costs already incurred for rebuilding, 29
repairing, replacing, and hardening broadband infrastructure, provided that all of the following 30
apply: 31
(1) An applicant for funding under this section shall only be permitted to recover 32
costs that are not subject to reimbursement from another source of external 33
funding, including insurance. 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 838-First Edition
(2) The Department may cap reimbursement at a portion of the costs incurred 1
based upon evaluation of considerations such as the number of applications 2
anticipated compared to funds available. 3
(3) Priority shall be given to restoration of broadband service. 4
SECTION 2.1.(b) The Department may use up to fifty million dollars ($50,000,000) 5
of the funds available from the Broadband Make Ready Accelerator appropriation in S.L. 6
2021-180. Funds shall be used in compliance with applicable federal guidelines associated with 7
the use of federal funds. The Department may use its emergency procurement authority provided 8
in 09 NCAC 06B .1302 to procure any goods or services in accordance with this section and shall 9
document the request for funding, the emergency situation or need, the area to be served, and the 10
community's need for the procurement. 11
12
PART III. CHANGES TO THE BROADBAND POLE REPLACEMENT PROGRAM 13
SECTION 3.1. Section 38.10 of S.L. 2021-180 reads as rewritten: 14
"BROADBAND ACCELERATION 15
... 16
"SECTION 38.10.(b) The Broadband Pole Replacement Program (hereinafter "Program") 17
is hereby established for the purpose of speeding and facilitating the deployment of broadband 18
service to individuals, businesses, agricultural operations, and community access points in 19
unserved areas by reimbursing a portion of eligible pole replacement costs incurred by 20
communications service providers. A communications service provider who pays or incurs the 21
costs of removing and replacing an existing pole pole, or placing facilities underground to better 22
protect the critical infrastructure from natural disasters, in connection with a qualified project 23
may apply to the Department for reimbursement in an amount equal to fifty percent (50%) of 24
eligible pole replacement costs paid or incurred by the applicant or ten thousand dollars 25
($10,000), whichever is less, for each pole replaced.replaced or, in the case of placing facilities 26
underground, fifty percent (50%) of such costs. 27
... 28
"SECTION 38.10.(g) A pole owner shall promptly review a request for access, perform 29
surveys, provide estimates and final invoices, and complete, or require the completion by other 30
attaching entities of, any make-ready work necessary for purposes of offering broadband service 31
in an unserved area. A pole owner shall provide a good