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A JOINT RESOLUTION facilitating the deployment of broadband internet service 1
in the Commonwealth and declaring an emergency. 2
WHEREAS, access to broadband internet service has become critical for social and 3
economic prosperity because it links the citizens of the Commonwealth to each other and 4
to other parts of the world; and 5
WHEREAS, the lack of access to broadband internet service, which is 6
predominantly a problem in the rural areas of the Commonwealth, places unserved and 7
underserved citizens in those areas at a significant disadvantage; and 8
WHEREAS, the National Telecommunications and Information Administration 9
allocated $1.1 billion dollars to the Commonwealth in the Broadband Equity, Access, and 10
Deployment (BEAD) Program that will be used to deploy broadband internet service 11
throughout the Commonwealth; and 12
WHEREAS, another $157 million will be available for network expansion through 13
the Rural Digital Opportunity Fund and state and local programs that will help bring 14
high-speed broadband internet service to every area and every citizen of the 15
Commonwealth, regardless of that citizen's location or household income; and 16
WHEREAS, broadband internet service providers are motivated to begin attaching 17
the necessary fiber optic cables to utility poles throughout the Commonwealth and 18
comply with the funding and performance guidelines set by the BEAD Program and other 19
government initiatives; and 20
WHEREAS, since January 5, 2024, the Public Service Commission has been 21
hosting stakeholder meetings on pole attachment delays; and 22
WHEREAS, every effort must be made by the Public Service Commission to 23
streamline the process and remove unnecessary delays in how attachment requests by 24
broadband service providers are received and processed by the utilities that own the 25
utility poles; 26
NOW, THEREFORE, 27 UNOFFICIAL COPY 24 RS BR 1996
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Be it resolved by the General Assembly of the Commonwealth of Kentucky: 1
Section 1. The General Assembly of the Commonwealth of Kentucky hereby 2
directs the Public Service Commission to promulgate emergency administrative 3
regulations pursuant to KRS Chapter 13A on utility pole attachments not later than 45 4
days after the effective date of this Resolution that shall, at a minimum: 5
(1) Remove any utility pole attachment-related impediments to the deployment of 6
broadband service throughout the Commonwealth; 7
(2) Establish parameters for expediting and processing pole attachment requests 8
for unserved and underserved areas of the Commonwealth in accordance with the BEAD 9
Program, as authorized by the bipartisan Infrastructure Investment and Jobs Act, Pub. L. 10
No. 117-58, and other government initiatives; 11
(3) Reduce the backlog of utility pole attachment requests; 12
(4) Direct utilities that own poles to file new tariffs to conform with the 13
emergency administrative regulations promulgated by the Public Service Commission no 14
later than 30 days after the effective date of the emergency administrative regulations. 15
Section 2. The Public Service Commission shall initiate a docket on utility pole 16
attachment issues to receive comments from the affected parties and find resolutions that 17
will expedite utility pole attachment requests and the deployment of broadband 18
throughout the Commonwealth. The docket shall remain open until all utility pole 19
attachment requests funded by the BEAD Program, the Rural Digital Opportunity Fund, 20
state grants, and local direct deals are processed and the projects are completed. 21
Section 3. Beginning September 30, 2024, and quarterly thereafter, the Public 22
Service Commission shall issue a report to the Legislative Research Commission for 23
referral to the Interim Joint Committee on Natural Resources and Energy, updating the 24
General Assembly on the progress made in expediting utility pole attachment requests for 25
broadband service. 26
Section 4. Whereas broadband service is critical to the economic prosperity of 27 UNOFFICIAL COPY 24 RS BR 1996
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the Commonwealth, and the timetables for broadband projects funded by the BEAD 1
Program and other government programs must be adhered to, an emergency is declared to 2
exist and this Resolution takes effect upon its passage and approval by the Governor or 3
upon its otherwise becoming a law. 4