SB 588 — TO AMEND THE LAW CONCERNING THE USE OF THE PUBLIC RIGHT-OF-WAY.

Bill Text

• SB 588 Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes new regulations for the use of public rights-of-way by various service providers and exempts them from certain fees.

• 14-296-102

  14-296-102. Use of right-of-way. (a) As used in this section, "video service provider" means an entity providing video programing services through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology. (b) The following entities may use the public right-of-way of a municipal or county street, road, or highway for the purpose of installing, constructing, maintaining, laying, or erecting pipelines, sewers, conduits, cables, wires, appurtenances, structures, poles, ditches, railways, or any other purpose, under an existing agreement or permit or an agreement or permit hereinafter made by a state or local governmental entity or under existing laws: (1) A political subdivision; (2) A rural electric cooperative; (3) A telephone company and cooperative; (4) A video service provider or a cable company; or (5) Any other telecommunication provider that uses fiber optic cable to provide network connectivity. (c) A state or local governmental entity or the owner of any property underlying or abutting the public right-of-way of a county or municipal street, road, or highway shall not regulate or interfere with the use of a public right-of-way by an entity authorized by subsection (b) of this section provided that the entity's use does not interfere with the use of the public right-of-way for transportation purposes. (d)(1) Except as otherwise provided by law, an entity authorized by subsection (b) of this section to use a public right-of-way shall not owe the owner of any property underlying or abutting the public right-of-way or owe a state or local governmental entity any compensation for use of the public right-of-way, including without limitation compensation in the form of: (A) Permitting fees; (B) Licensing fees; (C) Administrative fees; (D) Engineering fees: (E) Insurance fees; or (F) Construction fees. (2) This section does not limit the authority of a municipality to impose a franchise fee under § 14-200-101.

  This creates a new provision allowing specific entities to utilize public rights-of-way without compensatory fees.

• 27-67-304(b)

  Political subdivisions, rural electric cooperatives, rural telephone cooperatives, private television cables, and public utilities of the state → The following entities may use any public right-of-way or land, property, or interest therein, the property of the State Highway Commission, for the purpose of laying or erecting pipelines, sewers, wires, poles, ditches, railways, or any other purpose, under existing agreements or permits or such an agreements agreement or permits permit hereinafter made by the commission State Highway Commission or under existing laws, provided that such use does not interfere with the public use of the property for highway purposes:

  This modifies the list of entities authorized to use state highway rights-of-way.

• 27-67-304(b)(1)

  The following entities may use any public right-of-way or land, property, or interest therein, the property of the State Highway Commission, for the purpose of laying or erecting pipelines, sewers, wires, poles, ditches, railways, or any other purpose, under existing agreements or permits or such an agreements agreement or permits permit hereinafter made by the commission State Highway Commission or under existing laws, provided that such use does not interfere with the public use of the property for highway purposes: → (A) A political subdivision; (B) A rural electric cooperative; (C) A telephone company and cooperative; (D) A video service provider or a cable company; or (E) Any other telecommunication provider that uses fiber optic cable to provide network connectivity.

  This clarifies and specifies the types of entities that can use the state highway right-of-way.

• 27-67-304(d)

  As used in this section, "video service provider" means an entity providing video programing services through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology.

  This adds a definition for 'video service provider' in the context of state highway rights-of-way.

Action History

1. April 25, 2019

   Sine Die adjournment

2. April 25, 2019

   Died in Senate Committee at Sine Die adjournment.

3. March 18, 2019

   Read first time, rules suspended, read second time, referred to CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE

4. March 18, 2019

   Filed

Sponsors

• K. Ingram · Primary

Subjects