SB 88 - AS INTRODUCED
2021 SESSION
21-0924
06/05
SENATE BILL 88
AN ACT adopting omnibus legislation relative to broadband.
SPONSORS: Sen. Kahn, Dist 10
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill adopts legislation relative to:
I. The creation of communications district planning committees.
II. Public utility regulation of utility pole attachments.
III. The issuance of bonds for financing broadband infrastructure.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 88 - AS INTRODUCED
21-0924
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adopting omnibus legislation relative to broadband.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Sponsorship. This act consists of the following proposed legislation:
2 Part I: LSR 21-0924, relative to the creation of communications district planning committees,
3 sponsored by Sen. Kahn, Prime/Dist 10; Sen. Prentiss, Dist 5.
4 Part II: LSR 21-0444, relative to public utility regulation of utility pole attachments, sponsored
5 by Sen. Bradley, Prime/Dist 3; Rep. McConkey, Carr. 3; Rep. Umberger, Carr. 2; Rep. Marsh, Carr.
6 8; Rep. Deshaies Carr. 6.
7 Part III: LSR 21-0959, relative to the issuance of bonds for financing broadband infrastructure,
8 sponsored by Sen. Ward, Prime/Dist 8.
9 2 Legislation Enacted. The general court hereby enacts the following legislation:
10
11 PART I
12 Relative to the creation of communications district planning committees.
13 1 Communications District Planning Committee; Formation and Responsibilities. Amend RSA
14 53-G:2, I to read as follows:
15 I. The governing bodies of 2 or more municipalities may at their discretion[, and shall upon
16 a vote of their respective legislative bodies,] create a special unpaid committee to be known as a
17 communications district planning committee, consisting of at least 2 persons from each municipality
18 appointed by the respective governing bodies. The committee shall elect a chairperson, clerk, and
19 treasurer. Members may be reimbursed by the committee for costs of performing duties directly
20 related to the committee.
21 2 Effective Date. Part I of this act shall take effect 60 days after its passage.
22
23 PART II
24 Relative to public utility regulation of utility pole attachments.
25 1 Public Utilities; Pole Attachments. Amend RSA 374:34-a, III-V to read as follows:
26 III. The commission shall adopt rules under RSA 541-A to carry out the provisions of this
27 section, including appropriate formula or formulae for apportioning costs, and shall adopt rules
28 under RSA 541-A implementing the provisions of One Touch Make Ready (OTMR) as
29 adopted by the Federal Communications Commission in 47 CFR 1.411(j).
 SB 88 - AS INTRODUCED
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1 IV. In exercising its authority under this subdivision, the commission shall consider the
2 interests of the subscribers and users of the services offered via such attachments, as well as the
3 interests of the consumers of any pole owner providing such attachments.
4 V. Nothing in this subdivision shall prevent parties from entering into pole attachment
5 agreements voluntarily, without commission approval. In entering into pole attachment
6 agreements, all parties shall abide by the timelines established by the commission in rules
7 adopted pursuant to RSA 541-A, for negotiating and implementing pole attachments. The
8 failure of any party to do so may be considered a lack of good faith negotiation, unless each
9 party agrees to following alternate timelines.
10 2 Effective Date. Part II of this act shall take effect 60 days after its passage.
11
12 PART III
13 Relative to the issuance of bonds for financing broadband infrastructure.
14 1 Broadband Infrastructure Bonds. Amend RSA 33:3-g, III to read as follows:
15 III. A municipality shall not issue bonds for the purpose of financing the development,
16 construction, reconstruction, renovation, improvement, and acquisition of broadband infrastructure
17 in any location within a municipality unserved by broadband as defined in RSA 38:38, I(c) unless a
18 request for information has been issued, at a minimum, to all primary providers serving the issuing
19 community and such providers have been given [2 months] one month to respond to the request.
20 The request for information may include, but is not limited to, information identifying locations
21 within a municipality served by broadband as defined in RSA 38:38, I(c). After completing, issuing,
22 and receiving responses to such request for information, a municipality may issue a request for
23 proposals for the purpose of engaging in a public-private partnership pursuant to RSA 33:3 or RSA
24 33-B for the deployment of broadband infrastructure, as defined in RSA 38:38, I(e), and the provision
25 of broadband service as defined in RSA 38:38, I(f). A municipality may select a proposal based on
26 criteria including, but not limited to, provider ability to deploy, manage, and maintain a broadband
27 network. A municipality may determine that no provider has met the criteria included in the
28 request for proposals and may issue bonds for purposes pursuant to RSA 33:3 and RSA 33-B,
29 including but not limited to, open networks. If a broadband provider does not respond to a request
30 for information pursuant to this paragraph, the locations served by that broadband provider shall be
31 considered unserved, unless those locations are served by a broadband provider who responded to
32 that municipality's request for information.
33 2 Effective Date. Part III of this act shall take effect 60 days after its passage.


Statutes affected:
Introduced: 53-G:2, 374:34-a, 33:3-g
Ought to Pass: 53-G:2, 374:34-a, 33:3-g
latest version: 53-G:2, 374:34-a, 33:3-g