A BILL TO BE ENTITLED
AN ACT clarifying the definition of broadband internet access in north carolina.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 62‑3(1) reads as rewritten:
"(1)	'Broadband service' means a connection to the Internet that provides capacity for transmission at an average speed of at least 1.5 megabits per second downstream and at least 384 kilobits per second upstream, regardless of the technology or medium used to provide the connection. The term includes a connection to the Internet provided by wireless technology, copper wire, fiber‑optic cable, coaxial cable, broadband over power lines, or other facilities or future technologies. The term does not include any of the following:
a.	Value added services in which computer processing applications are used to act on the form, content, code, or protocol of any information transmitted.
b.	Value added services providing text, graphic, video, or audio program content for a purpose other than transmission.
c.	The transmission of video programming or other programming provided by (or generally considered comparable to programming provided by) a television broadcast station or a radio broadcast station, including cable TV, direct broadcast satellite, and digital television.
d.	Interstate service that was tariffed by the Commission and in effect as of the effective date of this subdivision."
SECTION 2.  G.S. 143B‑437.45(4) reads as rewritten:
"(4)	High‑speed broadband Internet access. – Internet access with transmission speeds  at an average speed of at least 1.5 megabits per second downstream and at least 384 kilobits per second upstream, regardless of the technology or medium used to provide the connection. The term includes a connection to the Internet provided by wireless technology, copper wire, fiber‑optic cable, coaxial cable, broadband over power lines, or other facilities or future technologies. The term does not include any of the following:
a.	Value added services in which computer processing applications are used to act on the form, content, code, or protocol of any information transmitted.
b.	Value added services providing text, graphic, video, or audio program content for a purpose other than transmission.
c.	The transmission of video programming or other programming provided by (or generally considered comparable to programming provided by) a television broadcast station or a radio broadcast station, including cable TV, direct broadcast satellite, and digital television."
SECTION 3.  This act is effective when it becomes law.