UNOFFICIAL COPY 24 RS SJR 175/EN
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SJR017520.100 - 1996 - XXXX 3/27/2024 4:17 PM Engrossed
A JOINT RESOLUTION facilitating the deployment of broadband internet service 1
to unserved and underserved citizens 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 to the Commonwealth in the Broadband Equity, Access, and 10
Deployment (BEAD) Program that will be used to deploy broadband internet service to 11
unserved and underserved residents 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 broadband initiatives that will 14
help bring 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 deploying 17
broadband internet service to unserved and underserved citizens, which requires attaching 18
the necessary fiber optic cables to utility poles throughout the Commonwealth and 19
comply with the funding and performance guidelines set by the BEAD Program and other 20
government-funded broadband initiatives; and 21
WHEREAS, since January 5, 2024, the Public Service Commission has been 22
hosting stakeholder meetings on pole attachment delays; and 23
WHEREAS, every effort must be made by the Public Service Commission to 24
streamline the process and remove unnecessary delays in how attachment requests by 25
broadband service providers are received and processed by the utilities that own the 26
utility poles; 27 UNOFFICIAL COPY 24 RS SJR 175/EN
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SJR017520.100 - 1996 - XXXX 3/27/2024 4:17 PM Engrossed
NOW, THEREFORE, 1
Be it resolved by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. The General Assembly of the Commonwealth of Kentucky hereby 3
directs the Public Service Commission to promulgate emergency administrative 4
regulations pursuant to KRS Chapter 13A on utility pole attachments not later than 60 5
days after the effective date of this Resolution that shall at a minimum: 6
(1) Remove any unreasonable utility pole attachment-related impediments to the 7
deployment of broadband service throughout the Commonwealth; 8
(2) Establish parameters to expedite the processing of pole attachment requests 9
for unserved and underserved areas of the Commonwealth in accordance with the BEAD 10
Program and other government-funded broadband initiatives, as authorized by the 11
bipartisan Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, and other 12
government-funded broadband initiatives; 13
(3) Reduce the backlog of utility pole attachment requests; and 14
(4) Direct utilities that own poles to file new tariffs if necessary to conform with 15
the emergency administrative regulations promulgated by the Public Service Commission 16
no later than 60 days after the effective date of the emergency administrative regulations. 17
In promulgating administrative regulations under this section, the Public Service 18
Commission shall ensure that any new or amended administrative regulations are tailored 19
to advance the buildout of broadband service to unserved and underserved areas and does 20
not result in an undue burden in processing pole attachment requests for service in served 21
areas of the Commonwealth. 22
Section 2. The Public Service Commission shall initiate a docket on utility pole 23
attachment issues to receive comments from the affected parties and find resolutions that 24
will expedite utility pole attachment requests and the deployment of broadband 25
throughout the Commonwealth. Small telephone utilities, as defined in KRS 278.516, 26
may elect to participate in this docket either independently or collectively, but shall not 27 UNOFFICIAL COPY 24 RS SJR 175/EN
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be required to participate in this proceeding. The docket shall remain open until all utility 1
pole attachment requests funded by the BEAD Program, the Rural Digital Opportunity 2
Fund, state broadband grants, and local direct broadband deals are processed and the 3
projects are completed. 4
Section 3. Beginning September 30, 2024, and quarterly thereafter, the Public 5
Service Commission shall issue a report to the Legislative Research Commission for 6
referral to the Interim Joint Committee on Natural Resources and Energy, updating the 7
General Assembly on the progress made in expediting utility pole attachment requests for 8
broadband service. 9
Section 4. Whereas broadband service is critical to the economic prosperity of 10
the Commonwealth, and the timetables for broadband projects funded by the BEAD 11
Program and other government-funded broadband initiatives must be adhered to, an 12
emergency is declared to exist, and this Resolution takes effect upon its passage and 13
approval by the Governor or upon its otherwise becoming a law. 14