Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1178 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1178
5	5	March 22, 2024 - Introduced by Representatives SHANKLAND, RATCLIFF, BARE,
6	6	EMERSON, JOERS, MOORE OMOKUNDE, SINICKI and STUBBS, cosponsored by
7	7	Senators SMITH, AGARD, L. JOHNSON, LARSON, ROYS and SPREITZER. Referred to
8	8	Committee on Transportation.
9	9	AN ACT to amend 66.0422 (2) (intro.); and to create 66.0422 (3b), 66.0912, 84.01
10	10	(38) and 196.5047 of the statutes; relating to: installation of empty conduit
11	11	lines as part of a digging project in a right-of-way and offers of service from
12	12	fiber optic cable broadband lines installed in rights-of-way.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill allows a city, village, town, or county or the Department of
15	15	Transportation to require a person who conducts any special work in the
16	16	right-of-way of the city, village, town, or county or DOT to install empty conduit lines
17	17	in any part of the right-of-way in which the person is digging. The bill defines
18	18	“special work” as construction or maintenance of a sidewalk or highway project. The
19	19	conduit lines that are required to be installed under the bill must be suitable for the
20	20	installation of fiber cable optic broadband lines. The bill allows a city, village, or town
21	21	to require conduit line installation without complying with notice, hearing, and
22	22	cost-benefit analysis requirements that, with certain exceptions, apply to
23	23	broadband, telecommunications, and video service facilities under current law.
24	24	The bill also imposes a duty to offer service on an Internet service provider that
25	25	has installed a fiber optic cable broadband line in a right-of-way of the state or a city,
26	26	village, town, or county. Under the bill, if requested by the owner of a structure that
27	27	is 300 feet or fewer from the center line of such a right-of-way, the Internet service
28	28	provider must offer to provide to the structure the service that is provided over the
29	29	line.
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33	33	4 - 2 -2023 - 2024 Legislature LRB-5966/1
34	34	SWB&EHS:cdc
35	35	ASSEMBLY BILL 1178
36	36	For further information see the state and local fiscal estimate, which will be
37	37	printed as an appendix to this bill.
38	38	The people of the state of Wisconsin, represented in senate and assembly, do
39	39	enact as follows:
40	40	SECTION 1. 66.0422 (2) (intro.) of the statutes is amended to read:
41	41	66.0422 (2) (intro.) Except as otherwise provided in subs. (3), (3d), (3m), and
42	42	(3n) this section, no local government may enact an ordinance or adopt a resolution
43	43	authorizing the local government to construct, own, or operate any facility for
44	44	providing video service, telecommunications service, or broadband service, directly
45	45	or indirectly, to the public, unless all of the following are satisfied:
46	46	SECTION 2. 66.0422 (3b) of the statutes is created to read:
47	47	66.0422 (3b) Subsection (2) does not apply to conduit lines that a local
48	48	government requires to be installed under s. 66.0912 (2).
49	49	SECTION 3. 66.0912 of the statutes is created to read:
50	50	66.0912 Installation of conduit in right-of-way. (1) DEFINITIONS. In this
51	51	section:
52	52	(a) “Political subdivision” means a city, village, town, or county.
53	53	(b) “Right-of-way” means the area on, below, or above a highway, as defined
54	54	in s. 340.01 (22), other than a highway that is part of the national system of interstate
55	55	highways; a sidewalk; a utility easement; or other similar property, including
56	56	property owned or controlled by the department of transportation.
57	57	(c) “Special work” means construction or maintenance of a sidewalk project or
58	58	highway project on a state trunk highway.
59	59	(2) REQUIREMENTS FOR THE INSTALLATION OF CONDUIT. If a person conducts any
60	60	special work in a political subdivision's right-of-way that results in the person
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84	84	SECTION 3
85	85	ASSEMBLY BILL 1178
86	86	digging in the right-of-way, the political subdivision may require the person to
87	87	install empty conduit lines in any part of the right-of-way in which the person is
88	88	digging. The empty conduit lines must be suitable for the installation of fiber optic
89	89	cable broadband lines.
90	90	SECTION 4. 84.01 (38) of the statutes is created to read:
91	91	84.01 (38) CONDUIT LINE INSTALLATION. If a person conducts construction or
92	92	maintenance work on a state trunk highway that results in the person digging in the
93	93	right-of-way of the state trunk highway, the department may require the person to
94	94	install empty conduit lines in any part of the right-of-way in which the person is
95	95	digging. The empty conduit lines must be suitable for the installation of fiber optic
96	96	cable broadband lines.
97	97	SECTION 5. 196.5047 of the statutes is created to read:
98	98	196.5047 Fiber optic cable broadband lines in rights-of-way. (1) In this
99	99	section, “right-of-way” means a right-of-way, as defined in s. 66.0912 (1) (b), of the
100	100	state or a city, village, town, or county.
101	101	(2) An Internet service provider that has installed a fiber optic cable broadband
102	102	line in a right-of-way shall, upon the request of an owner of a structure that is 300
103	103	feet or less from the center line of the right-of-way, offer to provide to the structure
104	104	the service that is provided over the line.
105	105	SECTION 6.0Initial applicability.
106	106	(1) The treatment of ss. 66.0422 (2) (intro.) and (3b), 66.0912, and 84.01 (38)
107	107	first applies to a project that involves digging in a right-of-way that begins on the
108	108	effective date of this subsection.
109	109	(END)
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