SENATE AMENDED
PRIOR PRINTER'S NOS. 285, 1737, 2210
PRINTER'S NO. 2574
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, JONES, CAUSER,
KAIL, SIMS AND WILLIAMS, FEBRUARY 1, 2019
SENATOR PHILLIPS-HILL, STATE GOVERNMENT, IN SENATE, AS AMENDED,
SEPTEMBER 24, 2019
AN ACT
Providing for an inventory of State-owned assets and county-
owned assets for the development of 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 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
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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 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
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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
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 State-owned assets.
(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 the 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:
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(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 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. Applicability.
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. Effective date.
This act shall take effect in 180 days.
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