The Equal Access to Broadband Act seeks to improve broadband services and infrastructure in Minnesota by amending various sections of the Minnesota Statutes. The bill redefines "broadband" to align with the Federal Communications Commission's standards and introduces new definitions for terms such as "local franchising authority" and "broadband infrastructure." It clarifies the roles of local governments in overseeing broadband service providers' use of public rights-of-way, establishing requirements for providers to obtain necessary authorizations and pay franchise fees based on gross revenues. The legislation emphasizes coordination between broadband providers and local governments to minimize disruptions during infrastructure placement and allows local governments to impose fees for right-of-way management.
Additionally, the bill modifies existing statutes concerning public rights-of-way management and fees for small wireless facilities. It mandates that costs for initial engineering surveys and preparatory construction work for collocation be borne by the cost causer through a one-time charge. Local government units can charge various fees for small wireless facility permits, including annual rent and maintenance fees. The bill also prohibits franchising authorities from discriminating against telecommunications right-of-way users and clarifies that users do not need permits for facilities lawfully occupying public rights-of-way as of May 10, 1997. Furthermore, it grants the council authority to franchise occupants of public rights-of-way and receive compensation while removing previous restrictions on local governments collecting fees through in-kind services.
Statutes affected: Introduction: 116J.39, 116J.394, 116J.399, 222.37, 237.162, 237.163, 412.221