HB 305 — An Act providing for an inventory of State-owned assets and county-owned assets for the development of mobile broadband services in unserved areas and underserved areas of this Commonwealth and for the Statewide Mobile Radio and Microwave System.

PRIOR PRINTER'S NO.

285 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1737305 THE2019 GENERALINTRODUCED ASSEMBLYBY OFSNYDER, PENNSYLVANIAT. HOUSE BILL Session of No.

305DAVIS, 2019 INTRODUCED BY SNYDER, IRVIN, SCHLOSSBERG, MURT, JAMES, D.

MILLER, ULLMAN,HILL-EVANS, GROVE,NEILSON, BERNSTINE,PASHINSKI, SAYLOR,M. DEASY, DeLUCA, LONGIETTI, BIZZARRO, MARKOSEK, KORTZ, SCHWEYER, McCLINTON, OBERLANDER, MASSER, DAVIDSON, MURT, MADDEN, T.

DAVISK. AND JONES, FEBRUARY 1, 2019 AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 6, 2019 AN ACT Providing for an inventory of State-owned communications assets <-- AND COUNTY-OWNED ASSETS and the use of communication towers <-- for the development of wireless MOBILE broadband services in <-- unserved areas and underserved areas of this Commonwealth.

KELLER, MILLARD, ULLMAN, GROVE, BERNSTINE, SAYLOR, DEASY, DeLUCA, LONGIETTI, BIZZARRO AND MARKOSEK, FEBRUARY 1, 2019 REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 1, 2019 AN ACT Providing for an inventory of State-owned communications assets and the use of communication towers for the development of wireless broadband services in unserved areas and underserved areas of this Commonwealth.

This act shall be known and may be cited as the Communications Assets and Wireless STATE-OWNED ASSETS AND MOBILE <-- Broadband Services Act.

"FIXED"Qualified BROADBANDprovider." SERVICES."A ANprovider INTERNETof CONNECTIONwireless PROVIDEDbroadband <--service THROUGHthat Ahas LINKobtained TOall Agovernmental STATIONARYapprovals LOCATIONrequired ATfor Athe DATAprovision BITof RATEwireless ORbroadband CONNECTIVITYservice SPEEDin DEFINEDthe BYunserved DEPARTMENTarea POLICY.or underserved area in which it seeks to provide the service.

"MOBILE BROADBAND SERVICES." AN INTERNET CONNECTION PROVIDED THROUGH A LINK TO LOCATIONS THAT ARE NOT STATIONARY AT A DATA BIT RATE OR CONNECTIVITY SPEED DEFINED BY DEPARTMENT POLICY.

"Qualified provider." A provider of wireless MOBILE <-- broadband service that has obtained all governmental approvals required for the provision of wireless MOBILE broadband service <-- in the unserved area or underserved area in which it seeks to provide the service.

"Underserved area." An area within this Commonwealth that is demonstrated to not have access to fixed broadband services at <-- 25 megabits per second download and 3 megabits per second upload and also lacks access to HAVE LIMITED ACCESS TO FIXED BROADBAND <-- SERVICES OR mobile broadband services.

"Wireless broadband service." An Internet connection service <-- capable of transmitting information at a rate that is not less than 256 kilobits per second in at least one direction using a wireless link between a fixed location and the Internet service provider's facility.

20190HB0305PN1737 - 2 - The department shall conduct an annual inventory of all <-- communication towers, poles, buildings, facilities and other assets owned by a State department, agency, board, commission or other entity and shall leverage existing State-owned assets for the provision of high-speed broadband to unserved areas and underserved areas.

UNDER THE ACT OF <-- JUNE 15, 1972 (P.L.395, NO.117), ENTITLED "AN ACT PROVIDING FOR AN INVENTORY OF ALL COMMONWEALTH REAL PROPERTY, EXCEPT HIGHWAY RIGHTS-OF-WAY TO BE PREPARED BY THE DEPARTMENT OF PROPERTY AND SUPPLIES, FOR ITS AVAILABILITY TO THE PUBLIC, FOR ITS UPDATING, AND FOR COOPERATION BY ALL STATE GOVERNMENTAL AGENCIES;

AND MAKING AN APPROPRIATION," AND SECTION 508(B) OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, THE DEPARTMENT SHALL INCLUDE IN ITS INVENTORIES AND SURVEYS OF REAL ESTATE STRUCTURES AND ASSETS INFORMATION ON POSSIBLE USE OF THOSE ASSETS FOR FIXED BROADBAND SERVICES OR MOBILE BROADBAND SERVICES.

THE INFORMATION SHALL BE USED BY THE DEPARTMENT OR ITS DESIGNEE WHEN ANALYZING RESOURCES AVAILABLE IN PROVIDING BROADBAND SERVICES IN UNDERSERVED AREAS AND UNSERVED AREAS.

SECTION 3.1.

INVENTORY OF COUNTY-OWNED ASSETS.

(A) PREPARATION OF INVENTORIES.--A COUNTY MAY PREPARE AND PERIODICALLY UPDATE AN INVENTORY OF COUNTY-OWNED ASSETS THAT ARE AVAILABLE AND MAY BE USED TO PROVIDE BROADBAND SERVICES IN UNDERSERVED AREAS AND UNSERVED AREAS.

(B) TRANSMISSION TO DEPARTMENT.--A COUNTY INVENTORY PREPARED UNDER SUBSECTION (A) MAY BE TRANSMITTED TO THE DEPARTMENT AND 20190HB0305PN1737 - 3 - SHALL BE INCLUDED IN THE INFORMATION USED BY THE DEPARTMENT UNDER SECTION 3 WHEN ANALYZING RESOURCES AVAILABLE TO PROVIDE BROADBAND SERVICES IN UNDERSERVED AREAS AND UNSERVED AREAS.

Lease or conveyance of communication towerstowers. STATE- <-- OWNED ASSETS.

20190HB0305PN0285 - 2 - (a) Duty of State entityentity.--Notwithstanding GENERAL RULE.--Notwithstanding any <-- provision of law to the contrary and subject to THE guidelines <-- adopted by the department, a State department, agency, board, <-- commission or other entity UNDER SECTION 5, THE DEPARTMENT <-- having responsibility for a State-owned communication tower <-- ASSET in an unserved area or underserved area may lease or <-- convey a license or other interest in the communication tower <-- ASSET to a qualified provider in order to permit the use of the <-- communication tower ASSET by the qualified provider in the <-- deployment of wireless MOBILE broadband service within the <-- unserved area or underserved area or portion of that unserved area or underserved area.

(b) Required informationinformation.--The EVIDENCE OF COMPLIANCE.--The <-- requirement under subsection (a) is subject to the qualified provider presenting to the department all of the following:

<-- (1) A spectrum and certified structural analysis of the communication tower that demonstrates the following:

(2) Proof that the communication tower satisfies all 20190HB0305PN1737 - 4 - applicable local government requirements.

EVIDENCE OF <-- COMPLIANCE WITH STRUCTURAL, PERMITTING AND OTHER GUIDELINES UNDER SECTION 5, WHICH WILL BE REVIEWED BY THE DEPARTMENT OR ITS DESIGNEE.

The department OR ITS DESIGNEE shall adopt guidelines for the <-- following:

(1) Determining whether a provider of wireless broadband <-- service is qualified to provide the service.

(2) Requesting a State department, agency, board, 20190HB0305PN0285 - 3 - commission or other entity to enter into a lease or other conveyance of an interest in a communication tower or site under this act.

(a) Transmittal.--No fewer than 100 days prior to the leasing of a State-owned asset, the department shall transmit a 20190HB0305PN1737 - 5 - State plan to the General Assembly for approval or disapproval.

(c) Determination.-- 20190HB0305PN0285 - 4 - (1) The State plan shall be deemed approved if each house of the General Assembly adopts the resolution under this section.

(1)Section QUALIFICATIONS8. FOR BROADBAND SERVICE PROVIDERS.

<-- (2) NEGOTIATING AND FINALIZING SITE OCCUPANCY AGREEMENTS.

SECTION 6.

APPROVALS.

THE DEPARTMENT OR ITS DESIGNEE SHALL IDENTIFY AN APPROPRIATE 20190HB0305PN1737 - 6 - TIMELINE OF NO MORE THAN 30 DAYS FOR APPROVAL OF SITE OCCUPANCY AGREEMENTS.

Section 8 7.

<-- This act shall not apply to the Pennsylvania State PolicePolice. AND <-- THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.

Section 99. 8.