PRINTER'S NO. 1507
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1123
Session of
2024
INTRODUCED BY COLEMAN, BREWSTER AND MASTRIANO, APRIL 5, 2024
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, APRIL 5, 2024
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, providing for facilitating access for
streamlining telecommunications and establishing the
Facilitating Access for Streamlining Telecommunications
(FAST) Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Subpart D of Part I of Title 66 of the
Pennsylvania Consolidated Statutes is amended by adding a
chapter to read:
CHAPTER 30A
FACILITATING ACCESS FOR STREAMLINING TELECOMMUNICATIONS
Sec.
30A01. Scope of chapter.
30A02. Legislative findings and declarations.
30A03. Definitions.
30A04. Facilitating Access for Streamlining Telecommunications
(FAST) Program.
30A05. Pole attachments.
30A06. Restoration.
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30A07. Fees imposed by municipalities.
30A08. Fiber.
30A09. Application by attacher.
30A10. Construction.
§ 30A01. Scope of chapter.
This chapter relates to facilitating access for streamlining
telecommunications.
§ 30A02. Legislative findings and declarations.
The General Assembly finds and declares as follows:
(1) Pennsylvanians need improved access to high-speed
Internet now more than ever to meet a variety of demands,
including remote work, distance learning, telehealth,
emergency response and public safety, agriculture, innovation
and a competitive economic environment nationally.
(2) Deployment of broadband infrastructure is critical
to connect more Pennsylvanians to high-speed Internet.
(3) High-speed Internet is delivered to Pennsylvanians
through wireline and wireless broadband infrastructure.
(4) Wireless broadband service relies on wireline
facilities, especially high-speed, high-capacity fiber
backhaul lines, which are installed either aerially or
underground.
(5) Construction methods to install fiber include
underground, through trenching and boring, and overhead, with
attachment to existing utility poles.
(6) Expediting fiber deployment, while ensuring the
safety of Pennsylvania's utility networks, will help
accelerate the availability of high-speed Internet access
across this Commonwealth.
§ 30A03. Definitions.
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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:
"Approved contractor." A contractor authorized by a pole
owner, attacher or preexisting third-party user to incur
eligible costs.
"Attacher." An individual, corporation, limited liability
company, partnership, limited liability partnership,
organization, association or other entity that seeks to
permanently or temporarily attach any type of facilities for a
pole or have other related work performed for the purpose of
supporting or improving the deployment of broadband in an
underserved area or unserved area.
"Broadband." As defined in section 3012 (relating to
definitions).
"Eligible costs." As follows:
(1) The actual, reasonable and documented costs to
attach any type of facilities for a pole or have other
related work performed for the purpose of supporting or
improving the deployment of broadband in an underserved area
or unserved area.
(2) The term includes the actual, reasonable and
documented costs associated with any of the following:
(i) The correction of preexisting conditions for a
pole.
(ii) The replacement or relocation of any type of
facilities for a pole.
(iii) The replacement or relocation of a pole for
safety reasons.
(iv) A survey or other preparation work regarding an
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action described in subparagraph (i), (ii) or (iii).
(v) An inspection of a completed action described in
subparagraph (i), (ii) or (iii).
(vi) Any permit required to perform an action
described in subparagraph (i), (ii) or (iii).
"Facilities." Facilities that are typically attached to a
pole or placed underground, including, without limitation,
electric and communication lines, antennas, fiber or related
equipment or attachments.
"Fiber." Fiber optic cables and related ancillary equipment,
including conduits, ducts, innerducts, ancillary cables,
handholes, vaults and terminals.
"Municipality." A county, city, town, borough, township or
school district of this Commonwealth.
"Pole." A pole that is:
(1) used in whole or in part for wire communications or
electric distribution, including a pole used to provide
street light illumination;
(2) located in a right-of-way or the adjacent ground
space of the right-of-way; and
(3) owned, operated or controlled by a pole owner.
"Pole owner." Any of the following that owns, operates or
controls a pole:
(1) A municipality.
(2) A utility that is owned, operated or controlled by a
municipality.
(3) A cooperative corporation or association.
"Preexisting third-party user." The owner of facilities for
a pole that are in place when a pole owner or attacher seeks to
incur eligible costs.
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"Program." The Facilitating Access for Streamlining
Telecommunications (FAST) Program established under section
30A04(a) (relating to Facilitating Access for Streamlining
Telecommunications (FAST) Program).
"Right-of-way." The area on, below or above a public
roadway, highway, street, sidewalk, alley, utility easement or
similar property.
"Underserved area." As defined in 64 Pa.C.S. § 6102
(relating to definitions).
"Unserved area." As defined in 64 Pa.C.S. § 6102.
§ 30A04. Facilitating Access for Streamlining
Telecommunications (FAST) Program.
(a) Establishment.--The Facilitating Access for Streamlining
Telecommunications (FAST) Program is established within the
commission to provide reimbursements for eligible costs.
(b) Application.--
(1) A pole owner, attacher or preexisting third-party
user may seek reimbursement for eligible costs incurred by
the pole owner, attacher or preexisting third-party user by
submitting an application to the commission, in a form and
manner specified by the commission.
(2) A completed application under this subsection must
contain the following:
(i) The name, address, telephone number and other
contact information of the pole owner, attacher or
preexisting third-party user seeking reimbursement .
(ii) The location of any pole or related work
associated with the reimbursement.
(iii) The facilities involved for any pole or
related work associated with the reimbursement.
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(iv) A breakdown of the eligible costs associated
with the reimbursement, including the name, address,
telephone number and other contact information of any
approved contractor.
(v) Verification of the eligible costs associated
with the reimbursement.
(c) Determination.--After receipt of a completed application
under subsection (b), the commission shall review the submitted
application and shall determine whether to approve the
reimbursement and, if so, the amount of the reimbursement. The
following apply:
(1) The commission shall approve or deny the
application, in whole or in part, no later than 60 days after
the receipt of the application.
(2) Subject to paragraph (3), if the commission fails to
approve or deny the application within 60 days after the
receipt of the application, the application shall be deemed
approved.
(3) The commission shall provide written notification to
the applicant that the applicant's application is incomplete.
The notification shall provide the applicant with information
necessary to complete the determination process and shall
inform the applicant that the review period will be tolled
until the requisite information is provided to the
commission.
(d) Notice.--
(1) The commission shall provide to a pole owner,
attacher or preexisting third-party user seeking
reimbursement written notice of the approval or denial, in
whole or in part, of the reimbursement requested, including
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the amount of any reimbursement approved.
(2) Notice of the denial of reimbursement, in whole or
in part, shall include the reasons for the denial.
(e) Limitations.--
(1) Reimbursements under the program shall be disbursed
on a first-come, first-served basis determined by the
commission.
(2) The commission shall implement any necessary policy
or procedure to administer the program.
§ 30A05. Pole attachments.
(a) Regulation.--Each pole of a pole owner is subject to 52
Pa. Code Ch. 77 (relating to pole attachments) on the same basis
as if the pole owner were a public utility.
(b) Commission authorization.--The commission shall regulate
the rates, terms and conditions of attachments to a pole of a
pole owner.
(c) Access.--A pole owner shall provide an attacher access
to a pole of the pole owner on just, reasonable and
nondiscriminatory rates, terms and conditions, as established in
52 Pa. Code Ch. 77.
(d) Disputes.--If a dispute arises regarding the rates,
terms and conditions of access to a pole of a pole owner, the
commission shall apply the regulations under 52 Pa. Code Ch. 77
to ensure that the rates, terms and conditions of attachments to
the pole are just, reasonable and nondiscriminatory.
§ 30A06. Restoration.
Except as provided in this chapter, in accordance with 15
Pa.C.S. § 1511(e) (relating to additional powers of certain
public utility corporations), any requirements imposed by the
governmental authority having responsibility for restoration of
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streets, highways or public ways following the installation,
maintenance, repair, modification or removal of facilities,
whether the requirements are imposed by ordinance, regulation,
permit or other means, shall not exceed the restoration
standards adopted by the Department of Transportation as
specified in 67 Pa. Code §§ 459.8 (relating to special
conditions - subsurface operations) and 459.9 (relating to
special conditions, aboveground facilities).
§ 30A07. Fees imposed by municipalities.
(a) Authorization.--A municipality may impose a fee on an
application for a permit to install underground facilities on a
competitively neutral basis equal to the reasonable costs of
providing the services by the municipality for which the fee is
charged.
(b) Reasonable costs.--For purposes of subsection (a),
reasonable costs shall be limited to the reasonable costs of the
municipality to process and issue the permit and inspect the
installation that is the subject of the permit, including any
costs incurred if the applicant for the permit elects to
expedite processing and review.
§ 30A08. Fiber.
(a) Prohibition.--A municipality may not prohibit, or
unreasonably discriminate in favor of or against, the use of
aerial installations, open trenching, boring or any other
installation method for fiber.
(b) Conditions.--If aboveground facilities already exist, a
municipality shall allow fiber to be installed in the same
manner as the existing aboveground facilities, even if the
municipality has adopted an undergrounding ordinance requiring
all relevant parties to bury existing aboveground facilities,
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except that an attacher shall place its fiber underground at the
same time that other utilities remove their aerial facilities in
accordance with the undergrounding ordinance.
§ 30A09. Application by attacher.
(a) Application required.--To permanently or temporarily
attach any type of facilities for a pole or have other related
work performed for the purpose of supporting or improving the
deployment of broadband in an underserved area or unserved area,
an attacher must submit an application to the municipality in
which the pole is located or the related work is to be
performed.
(b) Contents.--A completed application under this section
must contain the following:
(1) The name, address, telephone number and other
contact information of the attacher.
(2) The location or address of the pole or where the
related work is to be performed.
(3) The type of proposed work and facilities involved.
(4) The name, address, telephone number and other
contact information of the approved contractor that will
perform the proposed work.
(5) The proposed timeline for the proposed work.
(6) The anticipated costs of the proposed work.
(c) Determination.--Within 30 days of the submittal of a
completed application to a municipality, the municipality shall
issue a written decision to approve or deny the application. The
following apply:
(1) If a written decision has not been issued within the
30-day period, the application shall be deemed approved by
the municipality and all necessary permits sought by the
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application shall be deemed to have been issued.
(2) The municipality may deny an application that fails
to meet reasonable guidelines established under this section.
(3) The municipality shall provide to the applicant
under this section the reasons in writing for any denial of
the application.
(4) An applicant under this section may cure the
deficiencies identified in the application denial and submit
a revised application at no additional cost to the applicant.
The following apply:
(i) The municipality shall review only the portion
of the revised application relating to the deficiencies
initially identified.
(ii) Within 10 days of the submittal of the revised
application, the municipality shall approve or deny the
revised application.
(d) Designation.--A municipality shall include a method to
designate applications submitted under this section as being
submitted by an entity deploying broadband service.
(e) Authority of municipality.--In administering the
provisions of this section, a municipality may:
(1) Determine reasonable guidelines for the installation
of facilities in a right-of-way of the municipality to
prevent an activity from interfering with or endangering the
public use of the right-of-way.
(2) Require an applicant under this section to promptly
repair any damage caused by the applicant or an agent of the
applicant.
(3) Require an applicant under this section to execute
an affidavit evidencing financial responsibility or obtain
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commercially reasonable insurance that demonstrates adequate
resources to repair any damage caused by the applicant or an
agent of the applicant.
§ 30A10. Construction.
Nothing in this chapter shall supersede, nullify or otherwise
alter the requirements to comply with local safety standards,
including the act of December 10, 1974 (P.L.852, No.287),
referred to as the Underground Utility Line Protection Law, or
safety standards established by the commission.
Section 2. This act shall take effect in 60 days.
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