Rights-of-Way Permits for Broadband Deployment
The bill mandates that the Department of Transportation ensure that access to rights-of-way for broadband deployment is competitively neutral and nondiscriminatory. Additionally, it specifies a 30-day period within which the department must approve or deny permit applications. The permits are set to last for 30 years, which provides a long-term commitment for providers. Notably, the Department is prohibited from claiming ownership of the broadband infrastructure, giving more control to the permit holders.
Senate Bill 24-091 aims to expand the process by which entities can gain access to public rights-of-way for the deployment of broadband. As it currently stands, entities can enter into public-private initiative agreements with the Department of Transportation to access these rights-of-way. SB091 introduces an alternative pathway where entities can apply for a permit that comes with a processing fee. This dual approach is designed to streamline the process and potentially enhance broadband deployment across the state.
Supporters of SB091 argue that it will facilitate faster broadband deployment, potentially improving internet access for various communities, particularly in rural and underserved areas. However, the implications of fee structures and access regulation raise questions about the balance between facilitating market entry and ensuring equitable access to public resources.
During discussions, there may be concerns regarding the imposition of permit fees and how they align with the costs of granting access to public rights-of-way. The bill prohibits the department from charging additional fees beyond the one-time permit processing fee, and any incoming fees must directly relate to the processing costs. This restriction aims to prevent excessive charges that could limit participation from various broadband providers, especially smaller entities looking to deploy services in underserved areas. However, if federal law dictates otherwise, there may be implications for the fees that could arise depending on the Attorney General’s certification.