A05840
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:
"Affiliate." A person that directly, or indirectly through
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one or more intermediaries, controls, is controlled by or is
under common control with a specified person. The term includes
subsidiaries, partnerships, joint ventures and other entities
that have shared resources, interests or business dealings.
"Broadband facilities." Wires, cables, materials, equipment
and other facilities, which are or can be used for the provision
of broadband services.
"Broadband service supplier." An electricity,
telecommunications , cable operator or Internet supplier or
affiliate that constructs, owns or installs new broadband
facilities to provide broadband services, at wholesale or
retail, through using existing electric infrastructure within an
easement , including, but not limited to, poles and conduit,
within an easement . The term includes third parties with which
the electricity supplier electric cooperative corporation
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 electric cooperative corporation or its
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
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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,
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. An electric
cooperative corporation may only supply retail broadband
services through one or more affiliates.
(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 cooperative
corporation's easement:
(i) if an electric cooperative corporation or its
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affiliates have attached broadband facilities to provide
retail or wholesale broadband services or if an electric
cooperative corporation, in its sole discretion, gives
express written permission to a broadband service
provider to utilize an existing electric easement ; 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.
(4) An electric cooperative corporation that elects to
provide broadband services as a broadband service supplier shall
permit other providers of such services nondiscriminatory access
to attach to electric infrastructure, owned or controlled by the
electric cooperative corporation, pursuant to the rates, terms
and conditions comparable to and no less favorable than those
offered to an affiliate of an electric cooperative corporation
engaged in the provision of retail broadband services.
(b) Exception.--Subsection Applicability.-- Except for the
replacement or relocation of existing poles or as otherwise
provided by law, subsection (a)(2) shall not apply to the
attachment of broadband facilities that are additional
freestanding or ground-based structures within the easement.
(c) Construction.--Except as otherwise provided under this
chapter, nothing in this chapter shall limit any of the rights
that exist under the laws of this Commonwealth of any broadband
service supplier to secure its own easements for the
construction or installation of broadband facilities or the
provision of broadband services.
Section 2. This act shall take effect in 60 days.
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