Broadband 2019 Legislation

HB 400

Signed by governor May 30, 2019, Act 326

Relates to broadband services; authorizes the placement, construction, installation, operation, and use of broadband and other advanced communication capabilities and related facilities within electric easements by electric providers; authorizes electric providers to engage in, and permits electric providers to authorize others to engage in, operating broadband systems or providing broadband services through advanced communications capabilities within electric easements; grants the right to electric providers to condemn easements and rights-of-way for advanced communications capabilities; provides for the rates and the terms and conditions of access for certain pole attachments; provides for the allocation and accounting of certain costs associated with the provision of nonutility support services; and permits consents through service agreements, licenses, leases, and membership agreements to place, construct, install, operate, and use advanced communication capabilities within an electric easement.

SB 90
Signed by governor May 30, 2019, Act 327

Amends §§41-23-212, 41-23-213 and 41-23-214, Code of Alabama 1975, to change the definition of an “unserved area”, increases the percentage of project costs that may be funded through the Act, and to broaden the permitted use of other federal and state support, including loans and grants, in projects receiving grants under the Act.

This bill provides a procedure for the deployment and investment of broadband infrastructure and other telecommunications services near the right-of-way of railroads, including railroad crossings.

Existing law establishes the California Broadband Council in state government for the purpose of promoting broadband deployment in unserved and underserved areas of the state and broadband adoption throughout the state, imposes specified duties on the council relating to that purpose, and specifies the membership of the council. Adds the secretary of Food and Agriculture, or the secretary's designee, the state librarian, or the librarian's designee, and the governor's tribal advisor, or the advisor's designee, to the membership of the council.

This act establishes a seven-member Council on 5G Technology and tasks it with (1) reviewing requests from wireless carriers and other permitted entities to place personal wireless service facilities (e.g., cell towers) and small wireless (i.e., “small cell”) facilities on certain state-owned real property and (2) determining which state-owned properties may be made available for these facilities. Among other things, the council must (1) adopt guidelines for safely placing the facilities and protecting open space land and (2) perform due diligence in reviewing the requests. If the council approves a request, it must submit the approved request to the applicable state agency, which then must execute a telecommunications license agreement (which the act requires to be developed) with the approved carrier or entity. The act exempts from the council’s jurisdiction properties owned by the Department of Energy and Environmental Protection (DEEP) and certain properties owned by the Department of Transportation (DOT). It establishes separate processes for wireless carriers and permitted entities to request using these properties to site their wireless facilities. The act requires the Office of Policy and Management (OPM) and certain other state agencies to jointly develop licensing agreements, forms, and fee structures for placing wireless facilities on state-owned property. The act also specifies that it does not supersede existing rules and requirements requiring the review and approval of permits for proposed personal wireless service facilities under the Public Utilities Regulatory Authority’s (PURA) and the Connecticut Siting Council’s jurisdiction. Lastly, the act requires OPM, in consultation with PURA and certain other state agencies, to work with municipalities and wireless industry representatives to encourage establishing a streamlined process for siting small wireless facilities on municipal property. OPM must submit its recommendations for establishing this process to the Energy and Technology Committee by Jan. 30, 2020.

This bill requires the Public Utilities Regulatory Authority (PURA) to adopt regulations establishing a process for public utility pole attachments, including fifth-generation telecommunications infrastructure (i.e., 5G) and fiber wires for high-speed broadband Internet infrastructure. Existing law gives municipalities the right to occupy and use, at no cost, one gain (i.e., location to place a wire) on each utility pole for any purpose. In 2018, a PURA decision held that municipalities may not use this gain to provide broadband services, either directly or through a commercial arrangement with a third party. The bill reverses, in part, PURA’s decision by allowing municipalities to provide broadband Internet service, either directly or through commercial arrangements with third parties. However, under the bill, if a municipality sells its right to occupy and use the gain to a third party, private, for-profit company, the company must pay any public utility pole administration or attachment fees that would apply if the company were not using the municipal gain. The bill also allows municipalities to establish and administer an “Enterprise Fund for Municipal Broadband Services” as a separate, nonlapsing enterprise fund to receive any revenues related to the use, operation, and management of municipal broadband services, among other things.

HCR 197

HR 178

HB 254
Died in committee Feb. 27, 2019

HB 366
Signed by governor Jan. 30, 2019, Chapter 301

HB 619
Died in committee Feb. 5, 2019

HB 897
Died in committee Feb. 5, 2019

HB 919
Died in committee Feb. 5, 2019

HB 926
Died in committee Feb. 5, 2019

HB 1035
Died in committee Feb. 5, 2019

HB 1312
Died in committee Feb. 5, 2019

HB 1731
Died in committee March 29, 2019

HB 1741
Died in committee March 29, 2019

SB 2003
Died in committee Feb. 5, 2019

SB 2078
Died in committee Feb. 5, 2019

SB 2200
Died in committee Feb. 5, 2019

SB 2206
Died in committee Feb. 5, 2019

SB 2497
Died in committee Feb. 5, 2019

SB 2676
Died in committee Feb. 5, 2019

SB 2717
Died in committee Feb. 5, 2019

SB 2893
Died in committee Feb. 5, 2019

SB 3075
Died in committee 3/29/19

This bill requires Internet access providers to reimburse customers for interruptions in service and makes the failure to do so a violation of the Consumer Protection Act.

Expands the Economic Development Authority small business loan program to include certain broadband telecommunications service providers

AB 138

SB 4368

Relates to state contracts being only with internet service providers compliant with net neutrality and establishes a revolving fund for the establishment of municipal internet service providers; appropriates $250 million therefor.

AB 1503
Signed by governor Dec. 16, 2019, Chapter 653
SB 1607
Substituted June 19, 2019

Requires contracts for cable television and broadband internet attachments to utility poles and the use of utility ducts, trenches and conduits to include all such poles, ducts, trenches and conduits located within a given census tract.

Amends §§133.13 and 727.01 and enacts §§122.09, 122.091, 122.092, 122.093, 122.094, 122.095, 122.096, 122.097, 122.098, 122.099, 122.0910, 122.0911, 122.0912, 122.0913, 122.0914, 122.0915, 122.0916, 122.0917, 122.0918, 122.0920, 122.0921, 122.0923, 122.0927, 122.0929, 303.251, and 505.881 of the Revised Code to establish the residential broadband expansion program and to make an appropriation.

Amends §184.10 and enacts §§122.97, 122.971, 122.972, 122.973, 122.974, 122.975, 122.976, 122.977, 122.978, 122.979, 122.9710, 122.9711, 122.9712, 122.9713, 122.9714, and 5511.11 of the Revised Code to create the Ohio Broadband Development Grant Program, to encourage the Department of Transportation to work with telecommunications providers to lay fiber optic cable, and to make an appropriation.

Amends §§2909.07, 2909.10, 2911.21, 2911.211, 2917.21, and 2917.32 and enacts §2307.67 of the Revised Code to modify certain criminal offenses with respect to critical infrastructure facilities and to impose fines and civil liability for damage to a critical infrastructure facility.

Amends the Utilities Code to authorize an electric cooperative and its affiliates to construct, operate, and maintain fiber optic cables and other facilities for providing high-speed internet service to its customers using the cooperative's existing electricity easements. The bill sets out parameters for the administration of providing such internet services, including rate setting.

Amends the Government Code to create the temporary governor's broadband development council. The bill sets out the duties of the council, including researching the progress of broadband development in unserved areas and the benefits of statewide access to broadband.

This bill proposes to require the Public Utility Commission to amend its existing rules governing pole attachments with the goal of expediting the use of facilities by telecommunications service providers able to offer and expand broadband throughout the state.

This bill proposes to increase the Universal Service Charge for a limited time and use the additional funds raised to support the High-Cost Program, the Connectivity Initiative, and feasibility studies and technical assistance for municipalities in the process of developing a communications union district.

This bill proposes to require the commissioner of Public Service to study the feasibility of electric companies providing broadband Internet access service using electric distribution and transmission infrastructure.

This bill proposes to require applicants for a certificate of public good under 30 V.S.A. §248a to demonstrate that the proposed facility will provide broadband Internet access service at speeds that meet or exceed 4 Mbps download and 1 Mbps upload to all service locations in one or more census blocks where at least 50% of the service locations in each census block only have access to internet service with speeds that are less than 4 Mbps download and 1 Mbps upload. It also proposes to extend the statutory sunset of 30 V.S.A. §248a to July 1, 2022.

This bill proposes to develop programs and initiatives designed to facilitate the deployment of broadband internet access service throughout Vermont.

This act amends existing law and establishes new programs related to the deployment of broadband service in Vermont. For example, it increases the Universal Service Rate of Charge by four-tenths of 1% and uses the additional revenue raised to fund a new position within the Department of Public Service as well as grants through the Connectivity Initiative, it increases the speed requirements for eligibility for funding through both the High-Cost Program and the Connectivity Initiative to 25/3 Mbps, it changes the Vermont Universal Service Fund Rate of Charge collection method applicable to prepaid wireless telecommunications service, it establishes the Broadband Innovation Grant Program within the Department of Public Service, it requires the Department of Public Service to study the feasibility of electric companies providing broadband service using electric company infrastructure, it repeals the prohibition on electric cooperatives receiving federal funds for unregulated activities, it allows municipalities to enter into public-private partnerships with private internet service providers, it establishes the Broadband Expansion Loan Program within the Vermont Economic Development Authority, it amends Vermont’s poleattachment rule, it adds additional data and analysis requirements applicable to the State’s 10-year Telecommunications Plan and specifies that a new plan shall be adopted every three years, it requires the commissioner of Health to prepare a report on the possible health consequences from exposure to the radio frequency fields produced by wireless technologies, it requires the E-911 Board to adopt protocols for the reporting of outages that may disrupt the availability of E-911 service, it requires the Public Utility Commission to complete by a date certain its workshop concerning the pole-rental calculation and its workshop concerning backup-power obligations, it establishes the PEG Access Study Committee, and it authorizes the commissioner of Public Service to provide financial and technical support to municipalities seeking to obtain or use state-owned 2G microcells.

This bill proposes to require the commissioner of Public Service to study the feasibility of electric companies providing broadband internet access service using electric distribution and transmission infrastructure.

Authorizes a local governing body, with respect to a service district, to contract with a nongovernmental broadband service provider who will construct, maintain, and own communications facilities and equipment required to facilitate delivery of last-mile broadband services to unserved areas of the service district, provided that the locality documents that less than 10% of residential and commercial units within the project area are capable of receiving broadband service at the time the construction project is approved by the locality.

Extends the expiration of the Office of Telework Promotion and Broadband Assistance from July 1, 2019, to July 1, 2021. The bill also repeals the expiration of the Broadband Advisory Council, and alters and expands from 14 to 17 its total membership.

Declares that a public service company that has acquired a prescriptive easement that is used to provide electrical service is deemed to have the right to grant to a provider of broadband or other telecommunications services the right to attach its wires and appurtenant facilities to the public service company's poles, subject to the conditions that the public service company not charge pole attachment fees for 5 years and that the public utility and telecommunications service provider equally share the costs of making the poles ready.

Requires the State Corporation Commission to establish pilot programs under which Dominion Energy and Appalachian Power may submit a petition to provide or make available broadband capacity to nongovernmental Internet service providers in areas of the Commonwealth that are unserved by broadband. The costs of Dominion Power and Appalachian Power's proposals are each capped at $60 million annually. The provision of such broadband capacity is declared to be in the public interest. The measure authorizes the utilities to recover the net costs of the pilot program from customers through a rate adjustment clause. The measure authorizes such utility to own or lease broadband capacity equipment. The measure requires the Commission to conduct proceedings to determine whether an area is unserved by broadband.

Directs the Tobacco Region Revitalization Commission to award at least $10 million per year in grants to cover expenditures for the purchase and installation of wireless and broadband equipment to rural service areas in the Commonwealth. The bill defines "rural service areas" as any locality with a mean broadband download speed of less than 10 megabits per second, and a mean broadband upload speed of less than one megabit per second. The bill also establishes a sales tax exemption, which would be phased in over four years, for property sold or leased to a telecommunications company and used directly in the rendition of its public service.

Establishes a procedure by which a broadband service provider may obtain approval to place its fiber-optic broadband lines across a railroad right-of-way. The measure provides that a broadband service provider may submit to the railroad company a notice of intent to construct, accompanied by a specification exhibit and a standard crossing fee of $800; if the railroad does not claim within 35 days that special circumstances exist or that the required specification exhibit is inadequate or incomplete, the broadband service provider is deemed to have authorization to commence placing the fiber optic broadband line across the railroad's right-of-way. The measure provides that a railroad company that believes that special circumstances exist may file a petition for relief with the State Corporation Commission. The bill requires the Commission to adopt regulations prescribing the terms and conditions for a crossing.

Requests the Department of Housing and Community Development to study the permitting processes in the Commonwealth for broadband deployment and renewable energy construction projects.

Delays, until July 1, 2029, the termination of the state universal communications services program. Addresses the provision, enhancement, and maintenance of broadband services, recognizing that the incumbent public network functions to provide all communications services including voice and broadband services; distribution formula for eligible communications providers; and adoption of rules and required reporting by the utilities and transportation commission. Permits expenditures from the universal communications services account to be used for commission expenses related to implementation and administration of certain statutes.

Authorizes the community economic revitalization board to make broadband loans and grants to local governments and federally recognized Indian tribes for financing the cost to build infrastructure to provide high-speed, open-access broadband service for economic or community development. Requires a responsible local government official or a federally recognized Indian tribe to: (1) Be present during board deliberations and provide requested information; and (2) Demonstrate to the board that no other timely source of funding is available to it at costs reasonably similar to financing available from the board.

States that, without increasing the total sales and use tax rate, this act allows a local sales and use tax as a credit against the state sales tax for rural high-speed internet infrastructure.

Authorizes a unit of local government or other subdivision of the state to provide broadband services when approved by the Utilities and Transportation Commission pursuant to certain requirements.

Adds a new article,  designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, and §11-6L-5, to amend said code by adding thereto three new sections, designated §31G-4-4, §31G-4-5, and §31G-4-6, and to amend said code by adding thereto a new chapter, designated §31H-1-1, §31H-1-4 2, §31H-2-1, §31H-2-2, §31H-2-3, and §31H-2-4, all relating to wireless telecommunication technology facilities generally; provides a special method for valuation of certain wireless technology property for property taxes; defines terms; provides mandated salvage valuation of certain wireless businesses’ property; specifies method for valuation of certain property; requires initial determination and specifies procedure for protest and appeal of determination; establishes Public Service Commission jurisdiction over make-ready pole access within the state; relates to the determination of the feasibility of electric utilities constructing and operating middle-mile broadband internet projects to serve certain unserved and underserved areas; defines certain terms; delineates the factors that must be contained in certain feasibility studies; requires the Broadband Enhancement Council and the Public Service Commission to assist electric utilities in the determination of the feasibility of certain proposed middle-mile broadband development projects; requires that the Broadband Enhancement Council render a judgment as to the feasibility of middle-mile broadband internet projects within a certain period of time; requires certain reports be submitted to certain officials and committees; and provides for severability; the establishment of the West Virginia Small Wireless Facilities Deployment Act; makes legislative findings; defines terms; provides for access to public rights-of-way for the collocation of small wireless facilities; provides for certain permit requirements; authorizes and limits access to collocation sites, structures and equipment; requires permits to be issued on a nondiscriminatory basis; provides for the collection of fees and setting the amount of fees; and providing for certain zoning, indemnification, insurance, and bonding requirements.

Amends and reenacts §17-2A-17a of the Code of West 1 Virginia, 1931, as amended; and amends and reenacts §17-2E-2, §17-2E-3, §17-2E-5, and §17-2E-6 of said code, all relating to the use of state-owned rights-of-way; modifying requirements related to accommodation leases; amending procedures and requirements of the state’s dig once policy; modifying definitions; providing for the determination of fair market value; modifying notice requirements for permit applicants; amending procedures for the adjudication of disputes between telecommunications carriers; providing exemptions to certain dig once requirements; and authorizing the Division of Highways to, upon approval of the governor, transfer or assign the ownership, control, or any rights related to any in-kind compensation received by the division to any other state agency.

Adds a new article, designated §11-13EE-1, §11-13EE-2, §11-13EE-3, §11-13EE-4, and §11-13EE-5, all relating to establishing the West Virginia Municipal Broadband Expansion Act; provides legislative findings and purpose; defines terms; provides rule-making authority; provides for customer tax rebate and tax credit incentives; sets standards for service providers; and establishes equipment value.

Adds a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, and §11-6L-5; adds three new sections, designated §31G-4-4, §31G-4-5, and §31G-4-6; 3 and adds a new chapter, designated §31H-1-1, §31H-1-4 2, §31H-2-1, §31H-2-2, §31H-2-3, and §31H-2-4, all relating generally to wireless telecommunication technology facilities; providing a special method for valuation of certain wireless technology property for property taxes; defining terms; providing mandated salvage valuation of certain wireless businesses’ property; specifying method for valuation of certain property; requiring initial determination and specifying procedure for protest and appeal of determination; establishing and delineating Public Service Commission jurisdiction over make-ready pole access within the state; determining the feasibility of electric utilities constructing and operating middle-mile broadband Internet projects to serve certain unserved and underserved areas; defining certain terms; delineating the factors that must be contained in certain feasibility studies; requiring the Broadband Enhancement Council and the Public Service Commission to assist electric utilities in the determination of the feasibility of certain proposed middle-mile broadband development projects; requiring that the Broadband Enhancement Council render a judgment as to the feasibility of middle-mile broadband Internet projects within a certain period of time; requiring certain reports be submitted to certain officials and committees; providing for severability; establishing the West Virginia Small Wireless Facilities Deployment Act; making legislative findings; defining terms; providing for access to public rights-of-way for the collocation of small wireless facilities; providing for certain permit requirements; authorizing and limiting access to collocation sites, structures, and equipment; requiring permits to be issued on a nondiscriminatory basis; providing for the collection of fees and setting the amount of fees; and providing for certain zoning, indemnification, insurance, and bonding requirements.

Amends and reenacts §17-2A-17a of the Code of West Virginia, 1931, as amended; and amends and reenacts §17-2E-2, §17-2E-3, §17-2E-5, and §17-2E-6 of said code, all relating to the use of state-owned rights-of-way; modifying requirements related to accommodation leases; providing for the determination of fair market value and compensation for accommodation leases; amending procedures and requirements of the state’s dig once policy; modifying definitions; providing for the determination of fair market value and compensation to Division of Highways relating to dig once policy; modifying notice requirements for permit applicants; amending procedures for the adjudication of disputes between telecommunications carriers; providing certain exemptions from dig once requirements; and authorizing the Division of Highways to, upon approval of the governor, transfer or assign the ownership, control, or any rights related to any in-kind compensation received by the division to any other state agency.

Amends the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31G-4-4, relating to determining the feasibility of electric utilities constructing and operating middle-mile broadband Internet projects to serve certain unserved and underserved areas; defining certain terms; delineating the factors that must be contained in certain feasibility studies; requiring the Broadband Enhancement Council and the Public Service Commission to assist electric utilities in determining the feasibility of certain proposed middle-mile broadband development projects; permitting the Broadband Enhancement Council render a judgment as to the feasibility of middle-mile broadband internet projects within a certain period of time; and requiring certain reports be submitted to certain officials and committees.

This bill creates a regulatory framework for the state and political subdivisions (cities, villages, towns, and counties) for the following: 1) the deployment by wireless services and infrastructure providers (wireless providers) of wireless equipment and facilities, including the placement of such items in rights-of-way (ROW); 2) the permitting process for certain activities by wireless providers; 3) the regulation of access to certain governmental structures by wireless providers; and 4) the resolution of disputes.  The bill also authorizes political subdivisions to impose setback requirements for certain mobile service support structures.

This bill exempts property used to provide broadband service to a rural or underserved area from the telephone company tax that is paid by telephone companies in lieu of the general property tax.  To qualify for the exemption, property installed prior to Jan. 1, 2020, must be used to provide Internet access service to a rural area at a download speed of at least 25 megabits per second and an upload speed of at least 3 megabits per second.  Property installed after Dec. 31, 2019, must be used to provide Internet access service to a rural or underserved area at those same speeds or, if higher, speeds designated by the Federal Communications Commission. Under the bill, an “underserved area” is any area in the state served by fewer than two wired service providers, and a “rural area” is any area in the state that is located outside a federal metropolitan statistical area or is located in a city, village, or town with a population of not more than 14,000. For property installed prior to Jan. 1, 2020, the determination of whether an area is a rural area is based on the 2010 federal decennial census.

This bill exempts property used to provide broadband service to a rural or underserved area from the telephone company tax that is paid by telephone companies in lieu of the general property tax. To qualify for the exemption, property installed prior to Jan. 1, 2020, must be used to provide Internet access service to a rural area at a download speed of at least 25 megabits per second and an upload speed of at least 3 megabits per second.  Property installed after Dec. 31, 2019, must be used to provide Internet access service to a rural or underserved area at those same speeds or, if higher, speeds designated by the Federal Communications Commission. Under the bill, an “underserved area” is any area in the state served by fewer than two wired service providers, and a “rural area” is any area in the state that is located outside a federal metropolitan statistical area or is located in a city, village, or town with a population of not more than 14,000. For property installed prior to Jan. 1, 2020, the determination of whether an area is a rural area is based on the 2010 federal decennial census.

This act exempts sales of equipment used to provide broadband internet service in unserved areas, as defined in W.S. 9-12-1501(e), from state sales and use taxes.

Current law authorizes public utilities to install equipment and facilities within the right-of-way of a public road or public waterway. This bill extends the right-of-way authorization to communications companies.

The Broadband Development Program (Program) was established under existing law "to provide funds to eligible applicants in order to promote the expansion of access to broadband service in unserved areas of the state." W.S. 9-12-1501(a). "Unserved area" is currently defined under the Program to mean, among other things, an area in which the maximum fixed terrestrial broadband speed available to residential customers is 10 megabits per second download and 1 megabit per second upload. W.S. 9-12-1501(e). This act modifies that definition to mean, among other things, an area in which the maximum fixed terrestrial broadband speed available to residential customers is at speeds less than 25 megabits per second download and 3 megabits per second upload. The act also modifies the rulemaking authority of the Wyoming Business Council to change the definition of "unserved area" for purposes of the Program from an effective date of July 1, 2020 to July 1, 2022.