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Legislative Year: 2024 Change
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Bill Detail: SB24-091

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Title Rights-of-Way Permits for Broadband Deployment
Status Senate Committee on Transportation & Energy Postpone Indefinitely (05/01/2024)
Bill Subjects
  • State Government
House Sponsors M. Martinez (D)
M. Catlin (R)
Senate Sponsors K. Mullica (D)
B. Pelton (R)
House Committee
Senate Committee Transportation and Energy
Date Introduced 01/24/2024
Summary

Current law allows an entity that wants to access public
rights-of-way (rights-of-way) for the deployment of broadband to enter
into a public-private initiative agreement with the department of
transportation (department) for the entity's access to the rights-of-way.
The bill creates an alternative method for entities that want to access
rights-of-way for the deployment of broadband, whereby the department
may issue a permit and impose a permit fee for access to rights-of-way for
the deployment of broadband. The bill specifies that an entity that wants
to access rights-of-way for the deployment of broadband may pursue
either the permit application and fee process created in the bill or the
existing public-private initiative agreement process.
In issuing permits that grant access to rights-of-way, the bill:
  • Requires the department to allow competitively neutral and
nondiscriminatory access to broadband providers seeking
to use rights-of-way for the deployment of broadband;
  • Requires the department to determine the form and manner
of the permit application process and to approve or deny a
permit application within 30 days;
  • Specifies that the term of any permit issued pursuant to the
bill is 30 years and that the department cannot assert
ownership of broadband infrastructure except for when a
permit recipient abandons the broadband infrastructure;
  • Prohibits the department from requiring the permit
recipient to lay additional fiber for use by the department
or any third party;
  • Prohibits the department from requiring the permit
recipient to provide any in-kind goods or services as a
condition of granting access to rights-of way; and
  • Requires the department to produce an anticipated annual
budget for the costs associated with the permit application
process and an anticipated annual forecast of the revenue
that the department will generate from the permit fees.
The department may impose a one-time permit processing fee in
connection with an application to gain access to rights-of-way for the
deployment of broadband (permit processing fee) so long as the fee does
not exceed the department's actual costs in connection with granting or
administering the permits. The department is prohibited from imposing
any other fee or charge for access to rights-of-way for the deployment of
broadband.
The department is also prohibited from including any charge in the
permit processing fee to receive compensation for the fair market value
of rights-of-way or access to rights-of-way; except that if the attorney
general certifies in writing to the transportation commission that
excluding fair market value in the permit processing fee violates federal
law and that the violation will result in the loss of federal money
apportioned to the state, the department is required to include fair market
value in the permit processing fee. In such case, the department is
required to set the rate of fair market value at a level that does not exceed
the lowest rate of fair market value established by any other state for
access to that state's rights-of-way for the deployment of broadband.
1

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