CHAPTER 71
Legislative Research Commission PDF Version
1
CHAPTER 71
( SJR 175 )
A JOINT RESOLUTION facilitating the deployment of broadband internet service to unserved and
underserved citizens in the Commonwealth and declaring an emergency.
WHEREAS, access to broadband internet service has become critical for social and economic prosperity
because it links the citizens of the Commonwealth to each other and to other parts of the world; and
WHEREAS, the lack of access to broadband internet service, which is predominantly a problem in the rural
areas of the Commonwealth, places unserved and underserved citizens in those areas at a significant disadvantage;
and
WHEREAS, the National Telecommunications and Information Administration allocated $1.1 billion to the
Commonwealth in the Broadband Equity, Access, and Deployment (BEAD) Program that will be used to deploy
broadband internet service to unserved and underserved residents throughout the Commonwealth; and
WHEREAS, another $157 million will be available for network expansion through the Rural Digital
Opportunity Fund and state and local broadband initiatives that will help bring high-speed broadband internet service
to every area and every citizen of the Commonwealth, regardless of that citizen's location or household income; and
WHEREAS, broadband internet service providers are motivated to begin deploying broadband internet service
to unserved and underserved citizens, which requires attaching the necessary fiber optic cables to utility poles
throughout the Commonwealth and comply with the funding and performance guidelines set by the BEAD Program
and other government-funded broadband initiatives; and
WHEREAS, since January 5, 2024, the Public Service Commission has been hosting stakeholder meetings on
pole attachment delays; and
WHEREAS, every effort must be made by the Public Service Commission to streamline the process and
remove unnecessary delays in how attachment requests by broadband service providers are received and processed by
the utilities that own the utility poles;
NOW, THEREFORE,
Be it resolved by the General Assembly of the Commonwealth of Kentucky:
Section 1. The General Assembly of the Commonwealth of Kentucky hereby directs the Public Service
Commission to promulgate emergency administrative regulations pursuant to KRS Chapter 13A on utility pole
attachments not later than 60 days after the effective date of this Resolution that shall at a minimum:
(1) Remove any unreasonable utility pole attachment-related impediments to the deployment of broadband
service throughout the Commonwealth;
(2) Establish parameters to expedite the processing of pole attachment requests for unserved and
underserved areas of the Commonwealth in accordance with the BEAD Program and other government-funded
broadband initiatives, as authorized by the bipartisan Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, and
other government-funded broadband initiatives;
(3) Reduce the backlog of utility pole attachment requests; and
(4) Direct utilities that own poles to file new tariffs if necessary to conform with the emergency
administrative regulations promulgated by the Public Service Commission no later than 60 days after the effective
date of the emergency administrative regulations. In promulgating administrative regulations under this section, the
Public Service Commission shall ensure that any new or amended administrative regulations are tailored to advance
the buildout of broadband service to unserved and underserved areas and does not result in an undue burden in
processing pole attachment requests for service in served areas of the Commonwealth.
Section 2. The Public Service Commission shall initiate a docket on utility pole attachment issues to
receive comments from the affected parties and find resolutions that will expedite utility pole attachment requests and
the deployment of broadband throughout the Commonwealth. Small telephone utilities, as defined in KRS 278.516,
may elect to participate in this docket either independently or collectively, but shall not be required to participate in
this proceeding. The docket shall remain open until all utility pole attachment requests funded by the BEAD ACTS OF THE GENERAL ASSEMBLY 2
Program, the Rural Digital Opportunity Fund, state broadband grants, and local direct broadband deals are processed
and the projects are completed.
Section 3. Beginning September 30, 2024, and quarterly thereafter, the Public Service Commission shall
issue a report to the Legislative Research Commission for referral to the Interim Joint Committee on Natural
Resources and Energy, updating the General Assembly on the progress made in expediting utility pole attachment
requests for broadband service.
Section 4. Whereas broadband service is critical to the economic prosperity of the Commonwealth, and the
timetables for broadband projects funded by the BEAD Program and other government-funded broadband initiatives
must be adhered to, an emergency is declared to exist, and this Resolution takes effect upon its passage and approval
by the Governor or upon its otherwise becoming a law.
Signed by Governor April 4, 2024.