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internetworkers - Re: [internetworkers] Urgent! NC Senator Hoyle to slam door on municipal broadband internet AND Google Fiber this week!

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  • From: Thomas Beckett <thomas AT tbeckett.com>
  • To: "Internetworkers: http://www.ibiblio.org/internetworkers/" <internetworkers AT lists.ibiblio.org>
  • Subject: Re: [internetworkers] Urgent! NC Senator Hoyle to slam door on municipal broadband internet AND Google Fiber this week!
  • Date: Thu, 27 May 2010 18:02:34 -0400

Heath Roberts wrote:
I'm not sure how you got that impression from reading the bill. The
I agree that the title of the bill has nothing to do with its content,
and the language seems odd, especially since the first sentence seems
to nullify the remainder, but to me, the effect appears to be
preventing local governments from *financing* (or purchasing)
"external communication systems", not from building them. Given that
most municipalities don't pay cash for large capital projects, it
could also prevent most of them from building communications systems.

The first sentence that states "This section does not apply to an external communication system" refers to and modifies the entire section 160A-20. 160A-20 itself grants authority to local governments to finance municipal projects in various ways. So S. 1209 would exclude broadband projects from that grant of authority.

If that weren't clear enough, the language "A unit of local government may not enter into a contract under this section to ..." unequivocally prohibits municipal governments from developing broadband networks. Period. No exceptions, no conditions, no elections, no referenda.

The remainder of the paragraph defines a broadband network to make it clear what local governments are not allowed to do.

Am I missing something?

Thomas
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Thomas A. Beckett "At the intersection of business & creativity."
828-713-1668 Hendersonville & Asheville, North Carolina
Law Offices of Thomas A. Beckett, PLLC <http://www.tbeckett.com>
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