SB 699

This bill imposes certain duties on the Public Service Commission regarding

broadband infrastructure. Current law requires the PSC to designate areas of the

state that are served by fewer than two broadband service providers as underserved

areas and make grants for constructing broadband infrastructure in those areas in

accordance with specified priorities. The bill requires the PSC to encourage the

development of broadband infrastructure in those areas. The bill also requires the

PSC to provide comprehensive information concerning permits required for

broadband network projects and related business activities in the state. In addition,

the PSC must work with other state and local agencies to encourage timely and

efficient issuance of permits and resolution of related issues, as well as encourage

local and federal government agencies to coordinate activities related to approving

applications and issuing permits related to broadband network projects.

The bill imposes additional priorities on the PSC in making the grants

described above. Under the bill, the PSC must give priority to projects that promote

economic development. Also, the PSC must give priority to projects in a city, village,

town, or county (political subdivision) that the PSC has certified as a Broadband

Forward! community. To be eligible for that certification, a political subdivision must

enact an ordinance for reviewing applications and issuing permits related to

broadband network projects. The ordinance must provide for all of the following: a

single point of contact; specified deadlines on the political subdivision's

consideration of applications; specified requirements on the denial and approval of

applications; filing by electronic or another means authorized by the PSC; and

reasonable fees. The bill allows the PSC to develop a model ordinance that complies

with the bill's requirements. If a political subdivision enacts an ordinance that is

different from a model ordinance, the bill requires the political subdivision, when

applying for certification, to submit a written statement describing the ordinance

and how it differs from the model ordinance.

The bill requires the PSC to prescribe the form and manner for political

subdivisions to apply for certification. The PSC must also prescribe a process for

public notice and comment on applications for a period of at least 30 days, and the

PSC must consider any public comments before making a certification. However, the

process for public notice and comment does not apply to an application by a political

subdivision that enacts a model ordinance developed by the PSC or submits the

written statement described above.

The bill imposes the following prohibitions on a political subdivision that the

PSC certifies as a Broadband Ready! community: requiring designation of a final

contractor to complete a broadband network project; imposing application fees that

exceed $100; imposing unreasonable fees; imposing moratoriums on applications,

permits, or construction related to broadband network projects; discriminating

among public utilities and certain other entities; requiring applicants to provide any