A bill for an act
relating to broadband; establishing the Equal Access to Broadband Act; modifying
provisions governing broadband services and broadband infrastructure; amending
Minnesota Statutes 2022, sections 116J.39, subdivision 1; 116J.394; 116J.399,
subdivisions 1, 8, by adding a subdivision; 237.162, subdivision 4; 237.163,
subdivisions 2, 6, 7; 412.221, subdivision 6; Minnesota Statutes 2023 Supplement,
section 222.37, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 116J.39, subdivision 1, is amended to read:
(a) For the purposes of this section, the following terms have
the meanings given them.
(b) "Broadband" or "broadband service" means deleted text begin anydeleted text end new text begin anew text end service deleted text begin providing advanced
telecommunications capability anddeleted text end new text begin that offers to a person or companynew text end new text begin high-speednew text end Internet
access with transmission speeds that, at a minimum, meet the Federal Communications
Commission definition for broadband.
(c) "Local unit of government" has the meaning given in section 116G.03, subdivision
3.
(d) "Office" means the Office of Broadband Development established in subdivision 2,
paragraph (a).
Minnesota Statutes 2022, section 116J.394, is amended to read:
(a) For the purposes of sections 116J.394 to deleted text begin 116J.398deleted text end new text begin 116J.399new text end , the following terms
have the meanings given them.
(b) "Broadband" or "broadband service" has the meaning given in section 116J.39,
subdivision 1, paragraph (b).
(c) "Broadband infrastructure" means networks of deployed deleted text begin telecommunicationsdeleted text end
equipment and technologies necessary to provide deleted text begin high-speed Internet access and other
advanced telecommunications services fordeleted text end new text begin broadband tonew text end end users.
(d) "Commissioner" means the commissioner of employment and economic development.
(e) "Last-mile infrastructure" means broadband infrastructure that serves as the final leg
connecting the broadband service provider's network to the end-use customer's on-premises
telecommunications equipment.
(f) "Middle-mile infrastructure" means broadband infrastructure that links a broadband
service provider's core network infrastructure to last-mile infrastructure.
(g) "Political subdivision" means any county, city, town, school district, special district
or other political subdivision, or public corporation.
(h) "Underserved areas" means areas of Minnesota in which households or businesses
lack access to wire-line broadband service at speeds of at least 100 megabits per second
download and at least 20 megabits per second upload.
(i) "Unserved areas" means areas of Minnesota in which households or businesses lack
access to wire-line broadband service, as defined in section 116J.39.
Minnesota Statutes 2022, section 116J.399, subdivision 1, is amended to read:
For the purposes of this section, the following terms have
the meanings given:
deleted text begin
(1) "broadband infrastructure" has the meaning given in section 116J.394, paragraph
(c);
deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end "broadband service" has the meaning given in section deleted text begin 116J.394, paragraph (b)deleted text end new text begin
116J.39, subdivision 1, paragraph (b)new text end ; and
deleted text begin (3)deleted text end new text begin (2)new text end "provider" means a broadband service provider, but does not include an electric
cooperative association organized under chapter 308A that provides broadband service.
Minnesota Statutes 2022, section 116J.399, subdivision 8, is amended to read:
new text begin (a) new text end The placement
of broadband infrastructure to provide broadband service under subdivisions 2 to 7new text begin : (1)new text end is
subject to local government deleted text begin permitting and right-of-way management authority under section
237.163,deleted text end new text begin franchising or other municipal authorization under subdivision 10;new text end and new text begin (2) new text end must
be coordinated with the relevant local government unit in order to minimize potential future
relocations. The provider must notify a local government unit prior to placing infrastructure
for broadband service in an easement that is in or adjacent to the local government unit's
public right-of-way.
new text begin
(b) Nothing in this section applies to a public utility easement.
new text end
Minnesota Statutes 2022, section 116J.399, is amended by adding a subdivision
to read:
new text begin
(a) A political
subdivision may require a provider furnishing broadband within the political subdivision
to obtain a franchise or other municipal authorization in accordance with the terms,
conditions, and limitations of the political subdivision's regulatory acts, including but not
limited to regulatory acts governing the placing of lines and facilities above ground or
underground.
new text end
new text begin
(b) Pursuant to a franchise or other municipal authorization required under paragraph
(a), a political subdivision may require a provider to pay the political subdivision fees to
(1) raise revenue, (2) defray increased municipal costs that accrue as a result of right-of-way
occupation, or (3) both. The fee may include but is not limited to a sum of money based on
the gross operating revenues or gross earnings resulting from the provider's operations to
provide broadband within the political subdivision for the duration of time the provider
continues to operate within the political subdivision.
new text end
Minnesota Statutes 2023 Supplement, section 222.37, subdivision 1, is amended
to read:
new text begin (a) new text end Any water power, telegraph, telephone,new text begin broadband,new text end
pneumatic tube, pipeline, community antenna television, cable communications or electric
light, heat, power company, entity that receives a route permit under chapter 216E for a
high-voltage transmission line necessary to interconnect an electric power generating facility
with transmission lines or associated facilities of an entity that directly, or through its
members or agents, provides retail electric service in the state, or fire department may use
public roads for the purpose of constructing, using, operating, and maintaining lines, subways,
canals, conduits, transmission lines, hydrants, or dry hydrants, for their business, but such
lines shall be so located as in no way to interfere with the safety and convenience of ordinary
travel along or over the same; and, in the construction and maintenance of such line, subway,
canal, conduit, transmission lines, hydrants, or dry hydrants, the entity deleted text begin shall bedeleted text end new text begin isnew text end subject
tonew text begin municipal franchising requirements under section 116J.399, subdivision 10, including
compensation, as well asnew text end all reasonable regulations imposed by the governing body of any
county, town or city in which such public road may be.
new text begin (b) new text end If the governing body does not require the entity to obtain anew text begin franchise ornew text end permit, an
entity shall notify the governing body of any county, town, or city having jurisdiction over
a public road prior to the construction or major repair, involving extensive excavation on
the road right-of-way, of the entity's equipment along, over