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PRIOR PRINTER'S NO. 2332
PRINTER'S NO. 3357
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1642
Session of
2017
INTRODUCED BY PHILLIPS-HILL, SNYDER, BIZZARRO, R. BROWN, DAVIS,
DOWLING, DRISCOLL, A. HARRIS, IRVIN, JAMES, RAPP, RYAN,
THOMAS, NEILSON, WATSON, PICKETT, WARD, GROVE, WHEELAND,
BOBACK, ROZZI, ROEBUCK, NESBIT, C. QUINN, NELSON,
SCHLOSSBERG, BRADFORD, CAUSER AND KORTZ, AUGUST 24, 2017
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 17, 2018
AN ACT
Providing for an inventory of State-owned communications assets
and the use of communication towers for the development of
wireless MOBILE broadband services in unserved areas and
underserved areas of this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the
Communications Assets and Wireless STATE-OWNED ASSETS AND MOBILE
Broadband Services Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of General Services of the
Commonwealth.
"FIXED BROADBAND SERVICES." AN INTERNET CONNECTION PROVIDED
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THROUGH A LINK TO A STATIONARY LOCATION AT A DATA BIT RATE OR
CONNECTIVITY SPEED DEFINED BY DEPARTMENT POLICY.
"MOBILE BROADBAND SERVICES." AN INTERNET CONNECTION PROVIDED
THROUGH A LINK TO LOCATIONS THAT ARE NOT STATIONARY AT A DATA
BIT RATE OR CONNECTIVITY SPEED DEFINED BY DEPARTMENT POLICY.
"Qualified provider." A provider of wireless MOBILE
broadband service that has obtained all governmental approvals
required for the provision of wireless MOBILE broadband service
in the unserved area or underserved area in which it seeks to
provide the service.
"Secretary." The Secretary of General Services of the
Commonwealth.
"Underserved area." An area within this Commonwealth that is
demonstrated to not have access to fixed broadband services at
25 megabits per second download and 3 megabits per second upload
and also lacks access to HAVE LIMITED ACCESS TO FIXED BROADBAND
SERVICES OR mobile broadband services.
"Unserved area." An area within this Commonwealth that is
demonstrated to not have access to fixed broadband services or
mobile broadband service.
"Wireless broadband service." An Internet connection service
capable of transmitting information at a rate that is not less
than 256 kilobits per second in at least one direction using a
wireless link between a fixed location and the Internet service
provider's facility. The term does not include wireless fidelity
technology used in conjunction with dedicated subscriber line
service or cable service to connect devices within a facility to
the Internet via a broadband connection.
Section 3. Inventory of State-owned assets.
The department shall conduct an annual inventory of all
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communications towers, poles, buildings, facilities and other
assets owned by a State department, agency, board, commission or
other entity and shall leverage existing State-owned assets for
the provision of high-speed broadband to unserved areas and
underserved areas. The inventory shall be made publicly
available to persons or private entities desirous of installing
or collocating wireless facilities to provide high-speed
broadband services within this Commonwealth. UNDER THE ACT OF
JUNE 15, 1972 (P.L.395, NO.117), ENTITLED "AN ACT PROVIDING FOR
AN INVENTORY OF ALL COMMONWEALTH REAL PROPERTY, EXCEPT HIGHWAY
RIGHTS-OF-WAY TO BE PREPARED BY THE DEPARTMENT OF PROPERTY AND
SUPPLIES, FOR ITS AVAILABILITY TO THE PUBLIC, FOR ITS UPDATING,
AND FOR COOPERATION BY ALL STATE GOVERNMENTAL AGENCIES; AND
MAKING AN APPROPRIATION," AND SECTION 508(B) OF THE ACT OF APRIL
9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
1929, THE DEPARTMENT SHALL INCLUDE IN ITS INVENTORIES AND
SURVEYS OF REAL ESTATE STRUCTURES AND ASSETS INFORMATION ON
POSSIBLE USE OF THOSE ASSETS FOR FIXED BROADBAND SERVICES OR
MOBILE BROADBAND SERVICES. THE INFORMATION SHALL BE USED BY THE
DEPARTMENT OR ITS DESIGNEE WHEN ANALYZING RESOURCES AVAILABLE IN
PROVIDING BROADBAND SERVICES IN UNDERSERVED AREAS AND UNSERVED
AREAS.
Section 4. Lease or conveyance of communication towers STATE-
OWNED ASSETS.
(a) Duty of State entity GENERAL RULE.--Notwithstanding any
provision of law to the contrary and subject to THE guidelines
adopted by the department, a State department, agency, board,
commission or other entity UNDER SECTION 5, THE DEPARTMENT
having responsibility for a State-owned communication tower
ASSET in an unserved area or underserved area may lease or
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convey a license or other interest in the communication tower
ASSET to a qualified provider in order to permit the use of the
communication tower ASSET by the qualified provider in its
deployment of wireless MOBILE broadband service within the
unserved area or underserved area or portion of that unserved
area or underserved area.
(b) Required information EVIDENCE OF COMPLIANCE.--The
requirement under subsection (a) is subject to the qualified
provider presenting to the department all of the following:
(1) A spectrum and certified structural analysis of the
tower that demonstrates the following:
(i) The new service will not interfere with current
equipment.
(ii) No structural element is beyond 85% capacity
based on current and previously documented future loads.
(iii) The tower meets industry standards established
by the Telecommunications Industry Association or its
successor.
(2) Proof that the tower satisfies all applicable local
government requirements. EVIDENCE OF COMPLIANCE WITH
STRUCTURAL, PERMITTING AND OTHER GUIDELINES UNDER SECTION 5,
WHICH WILL BE REVIEWED BY THE DEPARTMENT OR ITS DESIGNEE.
Section 5. Departmental guidelines.
The department OR ITS DESIGNEE shall adopt guidelines for the
following:
(1) Determining whether a provider of wireless broadband
service is qualified to provide the service.
(2) Requesting a State department, agency, board,
commission or other entity to enter into a lease or other
conveyance of an interest in a communication tower or site
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under this act.
Section 6. Approvals.
(a) Consideration.--The lease or other conveyance under this
act shall be for consideration as the secretary deems
appropriate. The consideration shall not be required to be
commensurate with the consideration paid for use of comparable
space on similar towers.
(b) Shared use.--The lease or other conveyance may include
shared use of the facilities by other political subdivisions or
persons providing the same or similar services, and by the State
department, agency, board, commission or other entity.
(c) Governmental approvals.--No transaction authorized by
this act shall be made without the prior approval of the
secretary and the approval of the Attorney General as to the
form of a conveyancing instrument prior to execution.
Section 7. Request for proposals.
(a) Transmittal.--No fewer than 100 days prior to the
leasing of a State-owned asset, the department shall transmit a
State plan to the General Assembly for approval or disapproval.
(b) Consideration by General Assembly.--Upon transmittal
under subsection (a), the State plan shall be:
(1) Introduced as a resolution in both houses of the
General Assembly.
(2) Placed on the calendar of each house for the next
legislative day following transmittal.
(3) Considered by each house within 20 legislative days
after transmittal.
(c) Determination.--
(1) The State plan shall be deemed approved if each
house of the General Assembly adopts the resolution under
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this section. The department may then submit the State plan
to the Office of Administration for consideration.
(2) The State plan shall be deemed disapproved if either
house of the General Assembly fails by final vote to adopt
the resolution under this section. The department may not
then submit the State plan to the Office of Administration
for consideration. The department shall determine the reason
for the disapproval and modify the State plan.
(3) If a vote is not taken by either house of the
General Assembly as prescribed under this section, the State
plan shall be deemed approved. The department may then submit
the State plan to the Office of Administration for
consideration.
(1) QUALIFICATIONS FOR BROADBAND SERVICE PROVIDERS.
(2) NEGOTIATING AND FINALIZING SITE OCCUPANCY
AGREEMENTS.
SECTION 6. APPROVALS.
THE DEPARTMENT OR ITS DESIGNEE SHALL IDENTIFY AN APPROPRIATE
TIMELINE OF NO MORE THAN 30 DAYS FOR APPROVAL OF SITE OCCUPANCY
AGREEMENTS.
Section 8 7. Effective date.
This act shall take effect immediately.
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