SCS/SB 526 - This act modifies provisions relating to communications services offered in political subdivisions.

No political subdivision shall require a telecommunications company to obtain a written agreement, other than a permit, for use of the public right-of-way.

Nothing in the provisions of law relating to the public right-of-way shall prohibit a political subdivision or public utility right-of-way user from renewing or entering into a new or existing franchise, upon mutual agreement. Further, nothing in those provisions of law shall prevent a grandfathered political subdivision from charging a public right-of-way user a fair and reasonable liner foot fee or antenna fee pursuant to or from otherwise enforcing existing linear foot ordinances that were in effect on May 1, 2001.

The act repeals a provision stating that nothing shall prevent a grandfathered political subdivision from enacting new ordinances, including amendments of existing ordinances.

No political subdivision shall impose a linear foot fee to be charged to any entity that holds a franchise or video service authorization.

The act modifies the definition of "gross revenues".

Currently, franchise entities may collect a video service provider fee equal to not more than 5% of the gross revenues of a video service provider providing service in the geographic area of such franchise entity. Under the act, a franchise entity may collect a video service provider fee equal to not more than 5% of the first $40 of the gross revenues charged to each customer of a video service provider that is providing video service in the geographic area of such franchise entity.

Finally, the act repeals the sunset date for the Uniform Small Wireless Facility Deployment Act.

This act is similar to HB 2091 (2020), provisions contained in SS#2/SCS/HB 1700 (2020), HB 759 (2019), and SB 273 (2019).

JAMIE ANDREWS

Statutes affected:
Introduced (3472S.01): 67.1846, 67.2677, 67.2689, 67.5122
Committee (3472S.03): 67.1842, 67.1846, 67.2677, 67.2689, 67.5122


Senate Committee Minutes:
SENATE COMMITTEE MINUTES Bill No.: SB 526
Sponsor: Emery
CORRECTED VERSION Hearing Date: 1/29/2020


COMMITTEE: Commerce, Consumer Protection, Energy and the Environment

CHAIRMAN: Wallingford

DATE REFERRED: 1/9/2020 DATE HEARING REQUESTED: 1/29/2020



STAFF:
Jamie Andrews
Jackie Buschjost
Bill Foster


WITNESSES GIVING INFORMATION:
Doug Galloway - Centurylink


WITNESSES FOR:
Daryl Duwe - MO Cable Telecommunications Association
Howard Symons - MO Cable Telecommunications Association
Jim Doyle - Business Forward, Inc
Margaret Mire - Americans for Tax Reform
Ross Marchand - Taxpayers Protection Alliance
Patrick Fucik - Sprint
Brian McCartnety - MO Small Telephone Company Group


WITNESSES AGAINST:
John Mulligan - City of University City, Missouri
Bill Ojile - Mo Municipal League/Municipal League of Metro St. Louis
Damon Stewart - Dish Network
Stephen Arbo - City of Lee's Summit
David Slater - Pleasant Valley and Missouri Mayors United
Russell Batzel - City of St. Peters
Dr. Robert Gaskill-Clemons - City of St. Louis
Jason Gage - City of Springfield
Gene Henry - City Councilman-City of Clinton
Cemal Gungor - City of Grandview
Linda Lipka - City of Ferguson
Gina Jarvis - City of St. Charles
Carrie Tergin - Mayor, City of Jefferson
Michael Gibbons - St. Charles County
Tom Robbins - City of Independence and St. Louis County Police Assn
Tony Dugger - City of Joplin and City of O'Fallon
Kurt Schaefer - Dish Network
Brian Bernskoetter - City of Branson
Jason Zamkus - City of Moberly