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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: David Matusiak <dave AT matusiak.org>
  • 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 18:21:22 -0400

I'm glad you guys understand this mess cuz it all sounds like
gobbledygook to me. Also, I love how they can temporarily (and
quietly) pull a proposal and then just keep introducing it (i.e.
"sneaking it in") again and again. Our government is so efficient
that we really outta have the Japanese automakers look at it as a
model for their operations.


On Thu, May 27, 2010 at 6:02 PM, Thomas Beckett <thomas AT tbeckett.com> wrote:
> 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
> --
> ------------------------------------------------------------------------
> 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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