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TO CREATE THE SOUTH CAROLINA WIRELESS TECHNOLOGY AND COMMUNICATIONS COMMISSION FOR THE PURPOSE OF IMPLEMENTING A STATEWIDE WIRELESS BROADBAND NETWORK AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
Whereas, the General Assembly finds that access to computers and the Internet, along with the ability to effectively use these technologies, is becoming increasingly important for full participation in America's economic, political, and social life; and
Whereas, affordable, high-speed Internet access is critical to attracting, growing, and retaining businesses in the highly competitive global marketplace; and
Whereas, in the digital age, universal connectivity at an affordable price is a necessity for business transactions, education and training, health care, and government services; and
Whereas, broadband service to access information and resources is pivotal to eliminating the digital divide and promoting the economic and personal self-sufficiency of low-income individuals; and
Whereas, broadband service is proving valuable to the economic transitioning and growth of distressed urban and rural communities; and
Whereas, while broadband is increasing in availability, the deployment of such technology is lagging in the rural areas of the State; and
Whereas, access to appropriate end-user equipment is critical to taking advantage of a broadband deployment; and
Whereas, access to computers and broadband access at home and at school enhances the learning environment for school age children; and
Whereas, voice, video, and data technologies are converging so that voice grade telephone service can be delivered over the same facilities as broadband services. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) There is created a commission to be known as the "South Carolina Wireless Technology and Communications Commission", composed of the following thirteen members, of whom eleven are voting members and two are nonvoting members:
(1) two members of the South Carolina Senate appointed by the President Pro Tempore of the Senate;
(2) two members of the House of Representatives appointed by the Speaker of the House of Representatives;
(3) two members of the private sector appointed by the President Pro Tempore of the Senate;
(4) two members of the private sector appointed by the Speaker of the House of Representatives;
(5) one member from the private sector appointed by the Governor;
(6) the Secretary of Commerce or his designee;
(7) the Chairman of the South Carolina Educational Television Endowment;
(8) the State Chief Information Officer (CIO), or his designee, shall serve ex officio in a nonvoting and advisory capacity; and
(9) the Executive Director of the Office of Regulatory Staff, or his designee, shall serve ex officio in a nonvoting and advisory capacity.
(B) The President Pro Tempore of the Senate shall designate a co-chairperson to the commission from the Senate membership of the commission and the Speaker of the House of Representatives shall designate a co-chairperson to the commission from the House of Representatives membership of the commission.
(C) Commission members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the commission while they hold that office. A vacancy in the membership of the commission must be filled in the manner of the original appointment. Committee membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of this State. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this committee as provided in this joint resolution.
(D) Commission members serve without compensation, except citizen members are allowed the per diem and mileage as provided by law for members of a board, committee, or commission while on official business of the commission.
(E) The Division of the CIO of the Budget and Control Board shall provide staff for the commission.
(F) The powers and duties of the commission include, but are not limited to, the following:
(1) develop timeframes and processes for the implementation of a statewide wireless broadband network;
(2) engage consultants and counsel with expertise in issues relating to the creation and operation of large wireless broadband networks to advise and assist the commission in the evaluation of information and data;
(3) evaluate the State's broadband and wireless communications infrastructure including, but not limited to, Federal Communications Commission licenses and wireless towers and antennas, and determine methods to leverage this infrastructure in a statewide wireless broadband network;
(4) assign ownership of the State's broadband and wireless communications infrastructure including, but not limited to, Federal Communications Commission licenses and wireless towers and antennas held or acquired by state agencies, departments, commissions, or similar bodies, to the name of the commission, under its direction and control, as needed for the implementation of a statewide wireless broadband network;
(5) direct the Division of the CIO of the Budget and Control Board to implement the decisions of the commission, to enter into legal agreements and other matters relating to a statewide wireless broadband network, and to lease, license, or otherwise dispose of or leverage the State's broadband wireless and communications infrastructure. Funds received from the sale, lease, license, or other disposition of the State's broadband and wireless communications infrastructure must be placed in a separate account established by the Division of the CIO of the Budget and Control Board to support the statewide wireless broadband network. Any unexpended portion of these funds may be carried forward until the statewide wireless broadband network is operational and the commission determines the funds are no longer necessary, at which time these funds lapse to the general fund;
(6) recommend to the General Assembly necessary legislation, rules, programs, and policies for the State, a state agency, or a political subdivision of the State for the creation or operation of a statewide wireless broadband network;
(7) assess the availability of and need for advanced communications services in unserved and underserved areas within the State;
(8) serve as the central statewide Internet access policy planning body of the State and communicate and coordinate with state, regional, and local agencies and private entities in order to implement a coordinated statewide broadband and wireless communications services policy;
(9) identify and secure federal and other funding sources for broadband or wireless deployment or education and to apply for, accept, and utilize grants, contributions, and appropriations in order to carry out its duties and goals as defined in this section; and
(10) create and facilitate public awareness and educational programs to encourage the use of broadband services.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 2:41 P.M.