HF 2296 — A bill for an act relating to broadband infrastructure installation pursuant to a public road right-of-way or municipality-owned conduit. (Formerly HF 2035.)

House File 2296 - IntroducedReprinted HOUSE FILE 2296 BY COMMITTEE ON INFORMATION TECHNOLOGY (SUCCESSOR TO HF 2035) (As Amended and Passed by the House February 23, 2022) A BILL FOR An Act relating to publicbroadband utilityinfrastructure accessinstallation pursuant to a public road rights-of-way.right-of-way or municipality-owned conduit.

TLSBHF 5369HV2296 (1)(2) 89 es/rnes/rn/md H.F.

Section 306.46,477.1, subsection 1, Code 2022, is amended to read as follows:

477.1 Right-of-way.

Any person, firm, and corporation, within or without the state, may construct a telegraph or telephone line or cable system along the public roads of the state, or across or under the rivers or over, under, or through any lands belonging to the state or any private individual, and may erect or install necessary fixtures.

However, construction of a telegraph or telephone line or cable system along a primary road is subject to rules adopted by the state department of transportation.

For purposes of this subchapter, broadband infrastructure, as defined in section 477.1A, shall be considered a necessary fixture erected or installed in connection with a cable system.

Sec.

2.

NEW SECTION.

477.1A Broadband infrastructure —— right-of-way.

AFor publicpurposes utilityof maythis construct,section, operate,unless repair,the orcontext maintainotherwise itsrequires: utility facilities within a public road right-of-way.

Ana. agency, as defined in section 306.2, shall not require a public utility to place its utility facilities within an agency-owned conduit as a condition of accessing a public road right-of-way.

The“Broadband locationinfrastructure” ofmeans newthe utilitysame facilitiesas shalldefined complyin with section 318.9.8B.1.

Ab. utility facility shall not be constructed or installed in a manner that causes interference with public use of the road.

An“Municipality” agencymeans shallthe providesame nondiscriminatoryas accessdefined toin asection public419.1. road right-of-way and to an agency-owned conduit for purposes of public utilities’ broadband deployment.

EXPLANATION2. The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.

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CurrentThe lawlocation isof silentbroadband asinfrastructure toshall whethercomply anwith agencysection can318.9. require a public utility to use an agency’s conduit as a condition of accessing a public road.

LSBHF 5369HV2296 (1)(2) 89 -1- es/rnes/rn/md 1/1