PRINTER'S NO. 2018
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1363
Session of
2022
INTRODUCED BY KANE, FONTANA, KEARNEY, STREET, TARTAGLIONE,
COSTA, BREWSTER, SCHWANK AND CAPPELLETTI, NOVEMBER 14, 2022
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, NOVEMBER 14, 2022
AN ACT
Amending Titles 53 (Municipalities Generally) and 66 (Public
Utilities) of the Pennsylvania Consolidated Statutes, in
municipal authorities, further providing for purposes and
powers; and, in alternative form of regulation of
telecommunications services, further providing for
definitions, for network modernization plans and for
additional powers and duties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5607(a) of Title 53 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 5607. Purposes and powers.
(a) Scope of projects permitted.--Every authority
incorporated under this chapter shall be a body corporate and
politic and shall be for the purposes of financing working
capital; acquiring, holding, constructing, financing, improving,
maintaining and operating, owning or leasing, either in the
capacity of lessor or lessee, projects of the following kind and
character and providing financing for insurance reserves:
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(19) Publicly owned Internet network infrastructure
planning, management and implementation as defined in the
articles of incorporation by the governing body. Projects
will connect premises to underserved areas as defined by the
Federal Communications Commission.
* * *
Section 2. The definition of "broadband" in section 3012 of
Title 66 is amended to read:
§ 3012. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Broadband." As follows:
(1) A communication channel using any technology and
having a bandwidth equal to or greater than [1.544] 100
megabits per second (Mbps) in the downstream direction and
equal to or greater than [128 kilobits per second (Kbps)] 100
megabits per second (Mbps) in the upstream direction.
(2) The Mbps standards specified in paragraph (1) shall
be increased in this definition following any increased
standards as determined by the Federal Communications
Commission and published in accordance with section 3019(j)
(relating to additional powers and duties).
* * *
Section 3. Section 3014(c)(2)(i) and (7), (d)(7), (h)
introductory paragraph and (j)(4)(iii) of Title 66 are amended
to read:
§ 3014. Network modernization plans.
* * *
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(c) Bona fide retail request program.--A local exchange
telecommunications company that elects to amend its network
modernization plan pursuant to subsection (b)(2) or (3) shall no
later than 90 days after the effective date of its amended plan
implement a bona fide retail request program in areas where it
does not provide broadband. Not later than 30 days in advance of
program implementation, the local exchange telecommunications
company shall file with the commission and provide the
department with a written description of the program, a sample
request for advanced services form for use in the program and
the form of any advanced services term subscription agreements
customers will be required to execute in connection with
receiving the requested services. A bona fide retail request
program shall consist of the following:
* * *
(2) To be considered a bona fide retail request, the
written request must include:
(i) a request that a minimum of 50 retail access
lines or 25% of retail access lines within a community,
whichever is less, each be provided the same advanced
service or comparable advanced services having a
bandwidth within 100 kilobits per second (Kbps) of each
other. Notwithstanding the foregoing comparable bandwidth
limitation, where a request includes individual customer
requests for advanced services having equal to or less
than [1.544] 100 megabits per second (Mbps) bandwidth in
the downstream direction, all lines in the request shall
be counted in meeting the minimum line requirement of
this subparagraph;
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(7) No advanced service requested and deployed by a
local exchange telecommunications company under the bona fide
retail request program which has a bandwidth of less than
[1.544] 100 megabits per second (Mbps) in the downstream
direction shall be counted as a credit toward the local
exchange telecommunications company's broadband deployment
obligation under its network modernization plan amended
pursuant to subsection (b)(2) or (3).
* * *
(d) Business attraction or retention program.--
* * *
(7) No advanced service requested of and deployed by a
local exchange telecommunications company under the Business
Attraction or Retention Program which has a bandwidth of less
than [1.544] 100 megabits per second (Mbps) in the downstream
direction shall be counted as a credit toward the local
exchange telecommunication company's broadband deployment
obligation under its network modernization plan amended under
subsection (b)(2) or (3).
* * *
(h) Prohibition against political subdivision advanced and
broadband services deployment.--Except as provided in 53 Pa.C.S.
§ 5607(a)(19) (relating to purposes and powers):
* * *
(j) Education Technology Program.--
* * *
(4) No later than 90 days after the effective date of
this section, the Department of Education shall prescribe the
grant process and the form and manner of the E-Fund
application. Grants shall be limited to the funds available
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in the Education Technology Fund. In awarding grants, the
Department of Education shall give priority to applications:
* * *
(iii) that are submitted by school entities that do
not have broadband service, provided, however, that
nothing in this subsection shall preclude the department
from awarding funds to school entities for
telecommunications services, infrastructure or facilities
that provide bandwidths greater than [1.544] 100 megabits
per second (Mbps).
* * *
Section 4. Section 3019 of Title 66 is amended by adding a
subsection to read:
§ 3019. Additional powers and duties.
* * *
(j) Departmental update of broadband standards.--The
Secretary of Community and Economic Development shall transmit
notice to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin upon the determination by the Federal
Communications Commission that broadband is defined to involve
speeds in excess of 100 megabits per second (Mbps) in the
downstream direction and 100 megabits per second (Mbps) in the
upstream direction.
Section 5. This act shall take effect in 90 days.
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