A02924
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
470
Session of
2019
INTRODUCED BY PHILLIPS-HILL, YAW, GORDNER, HUTCHINSON, COSTA,
BAKER, AUMENT, STEFANO, WHITE, BROWNE AND HAYWOOD,
MARCH 28, 2019
REFERRED TO STATE GOVERNMENT, MARCH 28, 2019
AN ACT
Providing for an inventory of State-owned assets for the
development of 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 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
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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 mobile broadband service
that has obtained all governmental approvals required for the
provision of 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 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.
Section 3. Inventory of State-owned assets.
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 State-owned assets.
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(a) General rule.--Notwithstanding any provision of law to
the contrary and subject to the guidelines adopted by the
department under section 5, the department having responsibility
for a State-owned asset in an unserved area or underserved area
may lease or convey a license or other interest in the asset to
a qualified provider in order to permit the use of the asset by
the qualified provider in its deployment of mobile broadband
service within the unserved area or underserved area or portion
of that unserved area or underserved area.
(b) Evidence of compliance.--The requirement under
subsection (a) is subject to the qualified provider presenting
to the department 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) 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 90 days for approval of site
occupancy agreements.
Section 7. Applicability.
This act shall not apply to:
(1) The Pennsylvania State Police.
(2) The Pennsylvania Historical and Museum Commission.
Section 7 8. Effective date.
This act shall take effect immediately.
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