SB 846 — AN ACT CONCERNING THE MUNICIPAL GAIN, THE PREPARATION OF UTILITY POLES AND ENTERPRISE FUNDS FOR MUNICIPAL BROADBAND SERVICES.

General Assembly RaisedSubstitute Bill No.

846 January Session, 2019 LCOAN No.ACT CONCERNING THE MUNICIPAL GAIN, THE PREPARATION OF UTILITY POLES AND ENTERPRISE FUNDS FOR MUNICIPAL BROADBAND SERVICES.

4090 Referred to Committee on ENERGY AND TECHNOLOGY Introduced by:

(ET) AN ACT CONCERNING THE MUNICIPAL GAIN, THE PREPARATION OF UTILITY POLES AND ENTERPRISE FUNDS FOR MUNICIPAL BROADBAND SERVICES.

Each town, city, borough, fire district or the Department of Transportation shall have the right to occupy and use for any purpose, including, but not limited to, the provision of broadband Internet service by any town, city or borough to the public in such town, city or borough, either directly or through commercial arrangements with third parties, without payment therefor, one gain upon each public utility pole or in each underground communications duct system installed by a public service company within the limits of any such town, city, borough or district.district, provided, if a town, city or borough sells its right to occupy and use to a third party, private, for profit company, such company shall pay any public utilitypole administration or attachment fees that would apply if such company were not using the gain pursuant to this section.

LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00846-R01 of 5 SB.docx Substitute Bill No.

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and (4) provisions to require proposed attachments to public utility poles to be installed on a nondiscriminatory basis within ninety days of the filing of an application with a public utility pole LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00842 of 5 R02-SB.docx } Substitute Bill No.

4090846 2 of 5 Raised Bill No.846 owner, unless there is a demonstrated safety issue on the pole that would be materially exacerbated by a new attachment and provisions for the enforcement of such requirement.

LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00843 of 5 R02-SB.docx } Substitute Bill No.

4090846 3 of 5 Raised Bill No.846 (G) When not specifically prescribed by general statute or by charter, prescribe the form of proceedings and mode of assessing benefits and appraising damages in taking land for public use, or in making public improvements to be paid for, in whole or in part, by special assessments, and prescribe the manner in which all benefits assessed shall be collected;

A municipality is authorized to pay, and the resources of such fund shall be available for LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00844 of 5 R02-SB.docx } Substitute Bill No.

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3 October 1, 2019 7-148(c)(2) StatementET ofJoint Purpose:Favorable Subst.

ToFIN specifyJoint thatFavorable theLCO municipal{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00846- gain5 may be used to provide broadband Internet service, to require the Public Utilities Regulatory Authority to adopt regulations for the process for public utility pole attachments and to allow municipalities to establish and administer enterprise funds for the use, operation and management of municipal5 broadbandR02-SB.docx services.}

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, not underlined.] the entire text of a bill or resolution or a section of a bill or resolution is new, it is LCO No.

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