DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 602 Original 2023 Regular Session Deshotel
Abstract: Creates the Accelerating Broadband Deployment Act and provides for broadband
deployment.
Present law authorizes domestic or foreign corporations whose purpose is to transmit intelligence
by telegraph, telephone, or other systems, to construct lines needed to transmit that intelligence along
public roads or public works, railroads in the state, along and over waters of the state, if these paths
are not obstructed and along city streets with the consent of the city council or trustees.
Proposed law changes present law by allowing entities to have the same authorization afforded in
present law.
Proposed law creates the Accelerating Broadband Deployment Act and provides findings and the
purpose for proposed law.
Proposed law defines terms applicable to proposed law.
Proposed law authorizes a broadband service provider to install, maintain, operate, improve, repair,
replace, remove, and own attached facilities in the state highway right-of-way if the service provider
has been granted a permit, agreement, or other right by the Department of Transportation and
Development (DOTD).
Proposed law requires a broadband service provider, at least 15 days before first exercising its rights,
to send written notice to an interest holder and record such notice in the conveyance records of the
parish in which the immovable property is situated.
Proposed law provides that the notice shall contain all of the following:
(1)The name of the broadband service provider.
(2)The name, address, and telephone number of the point of contact for the broadband service
provider.
(3)A description, which need not be legal, of the approximate location of the state highway
right-of-way or electric servitude.
(4)A copy of proposed law. (5)An indication of whether the broadband service provider is exercising rights in accordance
with proposed law and the name of the electric utility holding the electric servitude.
(6)An estimated time for the start of installation or construction that will occur in connection
with the broadband service provider's rights.
Proposed law requires the aforementioned notice by the broadband provider to be sent by certified
or registered mail, return receipt requested, or any other form of a dependable delivery and
notification method.
Proposed law provides a formula for calculating compensation for claims or causes of actions that
arise as a result of an interest holder bringing such claims or cause of actions against a broadband
service provider for exercising its rights in a state highway right-of-way.
Proposed law requires the interest holder to make reasonable accommodations for the broadband
service provider in order to allow the provider to perform an appraisal or inspection of the
immovable property.
Proposed law provides that such appraisal or inspection shall occur within 90 days following any
written request for an appraisal or inspection. Proposed law requires the broadband service provider
to, promptly provide, a copy of any appraisal performed to the interest holder.
Proposed law provides that if the interest holder fails to make reasonable accommodations for the
broadband service provider, then the provider has no further liability to the interest holder.
Proposed law provides that DOTD is not required to offer or grant a right to access or use a state
highway right-of-way, if DOTD discerns that it would materially interfere with the maintenance or
use of the roadway for the state highway right-of-way.
Proposed law provides that an electric utility is not required to offer or grant a right to access or use
an electric servitude or to use attached facilities or electric service infrastructure the utility owns or
controls, if the electric utility discerns that it would materially interfere with the construction,
maintenance, or use of infrastructure for the provision of electric service.
Proposed law prohibits DOTD from unreasonably withholding authorization or delaying its decision
as to whether to provide authorization to a broadband service provider to install, maintain, own,
operate or use the provider's attached facilities under a state highway right-of-way.
Proposed law prohibits an electric utility from unreasonably withholding authorization or delaying
its decision as to whether to provide authorization to a broadband service provider to install,
maintain, own, operate or use the provider's attached facilities on the utility's electric service
infrastructure.
Proposed law allows DOTD or an electric utility to withhold authorization only if the reason for
withholding authorization is either of the following reasons: (1)There is insufficient capacity for the attached facilities, as determined by applicable law,
including the make-ready and other pole attachment rules of the Public Service Commission.
(2)There is a concern for safety, reliability, or generally applicable engineering purposes that
weigh against granting the authorization.
Proposed law requires DOTD or an electric utility, if authorization is withheld, to promptly notify
the broadband service provider in writing the reasons for withholding.
(Amends R.S. 45:781; Adds R.S. 45:1631-1636)