Bill
HB 838
Directs DIT to repurpose funds for emergency broadband relief after Hurricane Helene, including satellite service grants (up to 1 year) to rapidly restore unserved areas.
Status: Passed 1st Reading (referred to Appropriations, Rules, Calendar & Operations of the House). Introduced Apr 2025. Sponsors: Reps. Johnson, Pickett, K. Hall (primary sponsors).
Scope: Amends North Carolina broadband statutes administered by the Department of Information Technology (DIT) to (1) reconfigure satellite/fixed‑wireless grant authority, (2) allow emergency disaster relief funding for broadband infrastructure, and (3) revise the Broadband Pole Replacement (make‑ready) Program rules.
Part I — Satellite Broadband Grants
- Repeals G.S. 143B‑1373.2 and G.S. 143B‑1374 (prior statutory provisions for fixed wireless/satellite grants).
- Directs DIT to use Growing Rural Economies with Access to Technology appropriations to award grants to purchase satellite internet installation materials and to pay for satellite internet service for up to one year.
- Grant items and service must be for the grantee’s own use (no redistribution).
- Eligible grantees: State agencies, local governments, internet service providers, and nonprofits.
- DIT must prioritize applicants operating in the 39 counties designated as disaster areas due to Hurricane Helene, and may also prioritize entities providing emergency services, disaster relief, education, or economic development.
Part II — Repurpose Broadband Funding for Disaster Relief
- Authorizes DIT to provide emergency funding to “communications service providers” to rebuild, repair, replace, and harden broadband infrastructure damaged by Hurricane Helene, including reimbursement for eligible costs already incurred.
- Applicants may only recover costs not reimbursed from other sources (e.g., insurance).
- DIT may cap reimbursements based on available funds and the number of applications; priority to restoration of service.
- Authorizes use of up to $50,000,000 from the Broadband Make Ready Accelerator appropriation (S.L. 2021‑180), subject to applicable federal guidelines.
- Allows use of DIT’s emergency procurement authority (09 NCAC 06B .1302) and requires documentation of emergency need.
Part III — Changes to Broadband Pole Replacement / Make‑Ready Program (Section 38.10)
- Reiterates Program purpose: reimburse a portion of eligible pole replacement costs incurred by communications service providers to accelerate broadband to unserved areas.
- Reimbursement framework: up to 50% of eligible pole replacement costs (or $10,000 per pole — text provides both formulations), and similar 50% treatment for undergrounding costs.
- Pole owner obligations:
- Provide a good‑faith estimate of make‑ready costs within 60 days of a complete access application.
- Estimates remain valid for 14 days; make‑ready work conditioned on payment of the estimate.
- Pole owner may treat multiple requests from the same provider as one application if filed within 90 days.
- Utility‑owned poles are exempt from certain subsections.
- Dispute resolution: parties may use G.S. 62‑350 procedures; Utilities Commission to issue a final order within 120 days (extension for good cause and agreement).
- Transparency: DIT must publish quarterly (starting no later than 60 days after funds are appropriated) the number of applications received/processed/rejected (with reasons), each reimbursement amount/status, and estimated remaining program balance.
- Defines/clarifies eligible pole replacement costs and related terms.
Overall, HB 838 centralizes disaster‑response broadband funding authority in DIT, provides a one‑year satellite service option for prioritized grantees, creates an emergency reimbursement mechanism (up to $50M from existing broadband funds) for infrastructure repair/hardening, and tightens make‑ready/pole replacement timelines and transparency to accelerate broadband deployment and restoration.
Compiled from official sources — confirm details with the bill’s official record.
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