Trial Engrossment of Amendment A02180 to House Bill 0305 P.N. 1737, Regular Session 2019-2020

A02180

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

305

Session of

2019

INTRODUCED BY SNYDER, IRVIN, SCHLOSSBERG, JAMES, D. MILLER,

HILL-EVANS, NEILSON, PASHINSKI, M. K. KELLER, MILLARD,

ULLMAN, GROVE, BERNSTINE, SAYLOR, DEASY, DeLUCA, LONGIETTI,

BIZZARRO, MARKOSEK, KORTZ, SCHWEYER, McCLINTON, OBERLANDER,

MASSER, DAVIDSON, MURT, MADDEN, T. DAVIS AND JONES,

FEBRUARY 1, 2019

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 6, 2019

AN ACT

Providing for an inventory of State-owned communications assets

AND COUNTY-OWNED ASSETS and the use of communication towers

for the development of wireless MOBILE broadband services in

unserved areas and underserved areas of this Commonwealth and

for the Statewide Mobile Radio and Microwave System.

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

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.

A02180 - 2 -

The department shall conduct an annual inventory of all

communication 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 3.1. INVENTORY OF COUNTY-OWNED ASSETS.

(A) PREPARATION OF INVENTORIES.--A COUNTY MAY PREPARE AND

PERIODICALLY UPDATE AN INVENTORY OF COUNTY-OWNED ASSETS THAT ARE

AVAILABLE AND MAY BE USED TO PROVIDE BROADBAND SERVICES IN

UNDERSERVED AREAS AND UNSERVED AREAS.

(B) TRANSMISSION TO DEPARTMENT.--A COUNTY INVENTORY PREPARED

UNDER SUBSECTION (A) MAY BE TRANSMITTED TO THE DEPARTMENT AND

A02180 - 3 -

SHALL BE INCLUDED IN THE INFORMATION USED BY THE DEPARTMENT

UNDER SECTION 3 WHEN ANALYZING RESOURCES AVAILABLE TO PROVIDE

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

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 the

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

communication 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 communication tower meets industry

standards established by the Telecommunications Industry

Association or its successor.

(2) Proof that the communication tower satisfies all

A02180 - 4 -

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

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.

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

A02180 - 5 -

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.

(1) The State plan shall be deemed approved if each

house of the General Assembly adopts the resolution under

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

A02180 - 6 -

TIMELINE OF NO MORE THAN 30 90 DAYS FOR APPROVAL OF SITE

OCCUPANCY AGREEMENTS.

Section 7. Statewide Mobile Radio and Microwave System.

(a) Jurisdiction.--The Pennsylvania State Police shall have

jurisdiction over the Statewide Mobile Radio and Microwave

System described in the act of December 5, 1996 (P.L.921,

No.148), known as the Capital Budget Project Itemization Act for

1996-1997.

(b) Allocation of proceeds.--Proceeds from the lease or

licensing of a tower or other asset of the Statewide Mobile

Radio and Microwave System shall be used for the purpose of

maintaining and improving the system.

Section 8 7 8. Applicability.

This Except as otherwise provided in section 7, this act

shall not apply to the Pennsylvania State Police AND THE

PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION.

Section 9 8 9. Effective date.

This act shall take effect immediately in 180 days.

A02180 - 7 -