Regular Session 2019-2020 House Bill 0305 P.N. 0285

PRINTER'S NO. 285

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

305

Session of

2019

INTRODUCED BY SNYDER, T. DAVIS, IRVIN, SCHLOSSBERG, MURT, JAMES,

D. MILLER, HILL-EVANS, NEILSON, PASHINSKI, M. K. KELLER,

MILLARD, ULLMAN, GROVE, BERNSTINE, SAYLOR, DEASY, DeLUCA,

LONGIETTI, BIZZARRO AND MARKOSEK, FEBRUARY 1, 2019

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 1, 2019

AN ACT

Providing for an inventory of State-owned communications assets

and the use of communication towers for the development of

wireless 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 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.

"Qualified provider." A provider of wireless broadband

service that has obtained all governmental approvals required

for the provision of wireless 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 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

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.

Section 4. Lease or conveyance of communication towers.

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(a) Duty of State entity.--Notwithstanding any provision of

law to the contrary and subject to guidelines adopted by the

department, a State department, agency, board, commission or

other entity having responsibility for a State-owned

communication tower in an unserved area or underserved area may

lease or convey a license or other interest in the communication

tower to a qualified provider in order to permit the use of the

communication tower by the qualified provider in the deployment

of wireless broadband service within the unserved area or

underserved area or portion of that unserved area or underserved

area.

(b) Required information.--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

applicable local government requirements.

Section 5. Departmental guidelines.

The department 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,

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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

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.

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(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.

Section 8. Applicability.

This act shall not apply to the Pennsylvania State Police.

Section 9. Effective date.

This act shall take effect immediately.

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