2021 -- H 5148

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND

BROADBAND DEVELOPMENT PROGRAM

     Introduced By: Representatives Ruggiero, Blazejewski, Kazarian, Cortvriend, Carson,
and McGaw

     Date Introduced: January 25, 2021

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. 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. Legislative findings.

     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.

     42-160-2. 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 § 42-160-3.

     (3) "Broadband council" or "council" means the broadband council established pursuant to

the provisions of § 42-160-4.

     (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.

     42-160-3. Broadband coordinator.

     An employee of the Rhode Island commerce corporation (Commerce RI) shall be

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designated by the secretary of commerce as the broadband coordinator. The broadband coordinator

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.

     42-160-4. Broadband council established.

     (a) There is hereby established a broadband council for the purpose of performing the

duties enunciated in § 42-160-5.

     (b) The council shall consist of the following eleven (11) 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 by

the speaker of the house.

     (11) Telecommunications attorney appointed by the governor.

     (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.

     42-160-5. 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.

     42-160-6. 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.

     42-160-7. 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.

     42-160-8. 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 2. This act shall take effect on September 1, 2021.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE RHODE ISLAND

BROADBAND DEVELOPMENT PROGRAM

***

     This act would establish the eleven (11) 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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