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PRINTER'S NO. 3620
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2438
Session of
2020
INTRODUCED BY OWLETT, CAUSER, PICKETT, RYAN, KULIK, SCHLEGEL
CULVER, DONATUCCI, CONKLIN, READSHAW, KAUFER, BOBACK, KEEFER,
HERSHEY, PASHINSKI, NEILSON, MILLARD, BURGOS, STRUZZI, PYLE,
BERNSTINE, IRVIN, LONGIETTI, KAUFFMAN, GLEIM, ZIMMERMAN AND
WHEELAND, APRIL 27, 2020
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 27, 2020
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, providing for broadband
services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 82
BROADBAND SERVICES
Sec.
8201. Definitions.
8202. Broadband services.
§ 8201. 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 facilities." Wires, cables, materials, equipment
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and other facilities, which are or can be used for the provision
of broadband services.
"Broadband service supplier." An electricity,
telecommunications or Internet supplier or affiliate that
constructs, owns or installs new broadband facilities to provide
broadband services, at wholesale or retail, through existing
electric infrastructure within an easement. The term includes
third parties with which the electricity supplier contracts,
licenses or otherwise enters into agreements with for the
installation, service or maintenance of broadband infrastructure
and provision of broadband services on behalf of the electricity
supplier or affiliate.
"Broadband services." As follows:
(1) Service that consists of or includes the provision
of broadband that:
(i) is used to provide access to the Internet; or
(ii) provides computer processing, information
storage, information content or protocol conversion.
(2) The term includes the provision of video services,
voice over Internet protocol services, wireless services and
Internet protocol-enabled services.
"Easement." A recorded or unrecorded right-of-way, easement
or similar property right acquired by eminent domain,
prescription or conveyance that is used or may be used for
transmitting, distributing or providing electric service by
utilizing electric infrastructure.
"Electric cooperative corporation." As defined in 15 Pa.C.S.
§ 7302(a) (relating to application of chapter).
"Electricity supplier." A person engaged in providing
electricity, at wholesale or retail, including a public utility,
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municipal corporation or authority or an electric cooperative
corporation.
§ 8202. Broadband services.
(a) Broadband facilities.--The following apply:
(1) An electric cooperative corporation or an affiliate
of an electric cooperative corporation may provide broadband
services or construct, operate and maintain broadband
facilities through an existing easement owned, held or used
by the electric cooperative corporation.
(2) Except as provided for under subsection (b), the
attachment of broadband facilities shall not constitute a
change to the physical use of the easement, interfere with or
impair any vested rights of the property owner subject to the
easement or place an additional burden on the property or
interests of the owner.
(3) A broadband service supplier that is not an electric
cooperative corporation may access and attach broadband
facilities within an electric cooperative's easement:
(i) if an electric cooperative or its affiliates
have attached broadband facilities to provide retail or
wholesale broadband services; and
(ii) subject to the terms of applicable safety
standards, the structural integrity of the electric
infrastructure and the electric cooperative corporation's
rules and fees for the attachments.
(b) Exception.--Subsection (a)(2) shall not apply to the
attachment of broadband facilities that are additional
freestanding or ground-based structures within the easement.
Section 2. This act shall take effect in 60 days.
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