§ 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 ChiefInformation Officer shall provide cities, counties, and other localgovernmental entities with access to a central telecommunications system orservice established under G.S. 147‑33.91 for State agencies. Access shallbe provided on the same cost basis that applies to State agencies.
(b) The State ChiefInformation Officer shall establish switched broadband telecommunicationsservices and permit, in addition to State agencies, cities, counties, and otherlocal government entities, the following organizations and entities to share ona not‑for‑profit basis:
(1) Nonprofiteducational institutions.
(2) MCNC.
(3) Research affiliatesof MCNC for use only in connection with research activities sponsored orfunded, in whole or in part, by MCNC, if such research activities relate tohealth care or education in North Carolina.
(4) Agencies of theUnited States government operating in North Carolina for use only in connectionwith 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 activitiesthat relate to health care or education in North Carolina.
Provided, however, thatsharing of the switched broadband telecommunications services by State agencieswith entities or organizations in the categories set forth in this subsectionshall not cause the State, the Office of Information Technology Services, orthe 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 TechnologyServices, or the MCNC engage in any activities that may cause those entities tobe classified as a common carrier as that term is defined in the CommunicationsAct of 1934, 47 U.S.C. § 153(10). Provided further, authority to share theswitched broadband telecommunications services with the non‑Stateagencies set forth in subdivisions (1) through (5) of this subsection shallterminate one year from the effective date of a tariff that makes the broadbandservices 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).)