The proposed Equal Access to Broadband Act aims to improve broadband services and infrastructure in Minnesota by redefining key terms to align with federal standards and clarifying the roles of local governments in managing broadband infrastructure. The bill introduces new definitions, such as "local franchising authority," and emphasizes the necessity for these authorities to require broadband providers to obtain permits and authorizations, ensuring that installations are coordinated with local government units to minimize disruptions. Additionally, it outlines the rights and responsibilities of telecommunications right-of-way users, mandating registration with local governments and the acquisition of permits for excavation or obstruction of public rights-of-way.
The legislation also amends existing statutes regarding public rights-of-way management and fees for small wireless facilities. It establishes that costs for initial engineering surveys and preparatory construction work for collocation must be borne by the cost causer through a one-time, reasonable charge. Local governments are allowed to impose fees for small wireless facility permits and related services, ensuring these fees are based on actual costs and applied neutrally. Key changes include prohibiting unlawful discrimination by franchising authorities and clarifying that telecommunications right-of-way users do not need permits for facilities established before May 10, 1997. The bill further restricts local governments from collecting fees through in-kind services or imposing additional regulations on already authorized communications facilities.
Statutes affected: Introduction: 116J.39, 116J.394, 116J.399, 222.37, 237.162, 237.163, 412.221