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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1178
March 22, 2024 - Introduced by Representatives SHANKLAND, RATCLIFF, BARE,
EMERSON, JOERS, MOORE OMOKUNDE, SINICKI and STUBBS, cosponsored by
Senators SMITH, AGARD, L. JOHNSON, LARSON, ROYS and SPREITZER. Referred to
Committee on Transportation.
AN ACT to amend 66.0422 (2) (intro.); and to create 66.0422 (3b), 66.0912, 84.01
(38) and 196.5047 of the statutes; relating to: installation of empty conduit
lines as part of a digging project in a right-of-way and offers of service from
fiber optic cable broadband lines installed in rights-of-way.
Analysis by the Legislative Reference Bureau
This bill allows a city, village, town, or county or the Department of
Transportation to require a person who conducts any special work in the
right-of-way of the city, village, town, or county or DOT to install empty conduit lines
in any part of the right-of-way in which the person is digging. The bill defines
“special work” as construction or maintenance of a sidewalk or highway project. The
conduit lines that are required to be installed under the bill must be suitable for the
installation of fiber cable optic broadband lines. The bill allows a city, village, or town
to require conduit line installation without complying with notice, hearing, and
cost-benefit analysis requirements that, with certain exceptions, apply to
broadband, telecommunications, and video service facilities under current law.
The bill also imposes a duty to offer service on an Internet service provider that
has installed a fiber optic cable broadband line in a right-of-way of the state or a city,
village, town, or county. Under the bill, if requested by the owner of a structure that
is 300 feet or fewer from the center line of such a right-of-way, the Internet service
provider must offer to provide to the structure the service that is provided over the
line.
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ASSEMBLY BILL 1178
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 66.0422 (2) (intro.) of the statutes is amended to read:
66.0422 (2) (intro.) Except as otherwise provided in subs. (3), (3d), (3m), and
(3n) this section, no local government may enact an ordinance or adopt a resolution
authorizing the local government to construct, own, or operate any facility for
providing video service, telecommunications service, or broadband service, directly
or indirectly, to the public, unless all of the following are satisfied:
SECTION 2. 66.0422 (3b) of the statutes is created to read:
66.0422 (3b) Subsection (2) does not apply to conduit lines that a local
government requires to be installed under s. 66.0912 (2).
SECTION 3. 66.0912 of the statutes is created to read:
66.0912 Installation of conduit in right-of-way. (1) DEFINITIONS. In this
section:
(a) “Political subdivision” means a city, village, town, or county.
(b) “Right-of-way” means the area on, below, or above a highway, as defined
in s. 340.01 (22), other than a highway that is part of the national system of interstate
highways; a sidewalk; a utility easement; or other similar property, including
property owned or controlled by the department of transportation.
(c) “Special work” means construction or maintenance of a sidewalk project or
highway project on a state trunk highway.
(2) REQUIREMENTS FOR THE INSTALLATION OF CONDUIT. If a person conducts any
special work in a political subdivision's right-of-way that results in the person
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SECTION 3
ASSEMBLY BILL 1178
digging in the right-of-way, the political subdivision may require the person to
install empty conduit lines in any part of the right-of-way in which the person is
digging. The empty conduit lines must be suitable for the installation of fiber optic
cable broadband lines.
SECTION 4. 84.01 (38) of the statutes is created to read:
84.01 (38) CONDUIT LINE INSTALLATION. If a person conducts construction or
maintenance work on a state trunk highway that results in the person digging in the
right-of-way of the state trunk highway, the department may require the person to
install empty conduit lines in any part of the right-of-way in which the person is
digging. The empty conduit lines must be suitable for the installation of fiber optic
cable broadband lines.
SECTION 5. 196.5047 of the statutes is created to read:
196.5047 Fiber optic cable broadband lines in rights-of-way. (1) In this
section, “right-of-way” means a right-of-way, as defined in s. 66.0912 (1) (b), of the
state or a city, village, town, or county.
(2) An Internet service provider that has installed a fiber optic cable broadband
line in a right-of-way shall, upon the request of an owner of a structure that is 300
feet or less from the center line of the right-of-way, offer to provide to the structure
the service that is provided over the line.
SECTION 6.0Initial applicability.
(1) The treatment of ss. 66.0422 (2) (intro.) and (3b), 66.0912, and 84.01 (38)
first applies to a project that involves digging in a right-of-way that begins on the
effective date of this subsection.
(END)
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