2005 North Carolina Code - General Statutes § 147-33.92. Telecommunications services for local governmental entities and other entities.

§ 147‑33.92.  Telecommunications services for local governmental entities and other entities.

(a)       The State Chief Information Officer shall provide cities, counties, and other local governmental entities with access to a central telecommunications system or service established under G.S. 147‑33.91 for State agencies. Access shall be provided on the same cost basis that applies to State agencies.

(b)       The State Chief Information Officer shall establish switched broadband telecommunications services and permit, in addition to State agencies, cities, counties, and other local government entities, the following organizations and entities to share on a not‑for‑profit basis:

(1)       Nonprofit educational institutions.

(2)       MCNC.

(3)       Research affiliates of MCNC for use only in connection with research activities sponsored or funded, in whole or in part, by MCNC, if such research activities relate to health care or education in North Carolina.

(4)       Agencies of the United States government operating in North Carolina for use only in connection with activities that relate to health care or education in North Carolina.

(5)       Hospitals, clinics, and other health care facilities for use only in connection with activities that relate to health care or education in North Carolina.

Provided, however, that sharing of the switched broadband telecommunications services by State agencies with entities or organizations in the categories set forth in this subsection shall not cause the State, the Office of Information Technology Services, or the MCNC to be classified as a public utility as that term is defined in G.S. 62‑3(23) a.6. Nor shall the State, the Office of Information Technology Services, or the MCNC engage in any activities that may cause those entities to be classified as a common carrier as that term is defined in the Communications Act of 1934, 47 U.S.C. § 153(10). Provided further, authority to share the switched broadband telecommunications services with the non‑State agencies set forth in subdivisions (1) through (5) of this subsection shall terminate one year from the effective date of a tariff that makes the broadband services available to any customer. (1985 (Reg. Sess., 1986), c. 1024, s. 1; 1987, c. 738, s. 59(a)(2); 1989, c. 239, s. 4; 1989 (Reg. Sess., 1990), c. 1024, s. 37; 1991, c. 542, s. 14; 1993, c. 512, s. 2; 1993 (Reg. Sess., 1994), c. 777, s. 1(a); 1997‑148, ss. 3, 6; 1999‑347, s. 4; 1999‑434, s. 29; 2000‑174, s. 2; 2004‑203, s. 37(b).)