SS/HB 331 - This act modifies provisions relating to telecommunications.RIGHT-OF-WAY FOR PUBLIC UTILITIES (67.1830-67.1842) - This act allows attorneys' fees and costs in connection to issuing, processing, or verifying right-of-way permit applications or other agreements to be recovered. Currently, a political subdivision that requires public utility right-of-way users to obtain a permit must process all permit applications within 30 days. Under this act, if a political subdivision fails to act on an application for a right-of-way permit within 31 days, the application shall be approved.
If a public utility right-of-way user has been denied a permit, had a permit revoked, or believes the political subdivision has violated this section, the utility may bring an action in court. The court shall rule on any such petition for the review in an expedited manner by moving the petition to the head of the docket. Nothing shall deny the authority of its right to a hearing before the court.
This act also bans political subdivisions from requiring any public utility that has been granted access to the subdivision's right-of-way to enter into an agreement or obtain a permit for the right to remain in the right-of-way.
These sections are substantially similar to sections contained in SCS/HCS/HB 345 (2013) and HCS/SB 241 (2013).
UNIFORM WIRELESS COMMUNICATIONS INFRASTRUCTURE DEPLOYMENT ACT (67.5092-67.5102) - Authorities may exercise their current authority with regard to the siting of new wireless support structures. Any applicant proposing to construct a new wireless support structure shall submit an application and forms set forth in this act, and comply with local land use ordinances. The authority shall review the application within 120 days. The application shall be deemed complete unless notified by the authority within 30 days. An applicant shall then have 30 days to cure deficiencies. If the applicant requires longer than 30 days, the 120 calendar for review shall be extended by the same amount of time. The authority must also make its final decision to approve or disapprove the application, and advise the applicant in writing of its decision. If the authority fails to act on the application within 120 days, it shall be deemed approved. A party aggrieved may seek review in any court of competent jurisdiction.
Authorities may exercise their current authority with regard to the applications for substantial modifications of wireless support structures. Any applicant proposing to substantially modify a wireless support structure shall submit an application and forms set forth in this act, and comply with local land use ordinances. The authority shall review the application within 90 days. The application shall be deemed complete unless notified by the authority within 30 days. An applicant shall then have 30 days to cure deficiencies. If the applicant requires longer than 30 days, the 90 calendar for review shall be extended by the same amount of time. The authority must also make its final decision to approve or disapprove the application, and advise the applicant in writing of its decision. If the authority fails to act on the application within 90 days, it shall be deemed approved. A party aggrieved may seek review in any court of competent jurisdiction.
Collocation applications and applications for replacement of wireless facilities shall meet certain safety guidelines as set forth in this act. The authority shall review the application within 45 days. The application shall be deemed complete unless notified by the authority within 15 days. An applicant shall then have 15 days to cure deficiencies. If the applicant requires longer than 15 days, the 45 calendar for review shall be extended by the same amount of time. The authority must also make its final decision to approve or disapprove the application, and advise the applicant in writing of its decision. If the authority fails to act on the application within 45 days, it shall be deemed approved. A party aggrieved may seek review in any court of competent jurisdiction.
Authorities may not institute a moratorium on new wireless support structures or collocations if such moratorium exceeds six months and if the legislative act establishing it fails to state reasonable grounds and good cause for such moratorium. No moratorium shall affect an already pending application. Further, authorities may not charge more than the market rate for the rental of public land. If the parties cannot agree on a rate for the lease, three appraisers will be chosen. Each party will choose an appraiser with a third independent appraiser being chosen by the first two appraisers. The mid point of the three appraisals will be used as the rate, unless such amount is more than 10% off from the independent appraiser's valuation. In such a case, the independent appraiser's valuation will be used. Further, authorities may not offer a lease or contract to use public land to locate a wireless support structure than is less than 15 years in duration, unless the applicant agrees to accept an lease of less than 15 years. Nothing in this section shall give the applicant the power of eminent domain or the right to compel any property owner or certain governmental departments to lease or sell property for the construction of a new wireless support structure or to locate or cause the collocation or expansion of a wireless facility on any existing structure.
These sections are substantially similar to sections contained in HCS/SB 241 (2013) and SCS/HCS/HB 345 (2013).
UTILITY RIGHT-OF-WAY ACROSS RAILROADS (389.585-389.591) - This act establishes a procedure for certain utilities to construct facilities over, under, or across a railroad right-of-way. Under this act, if a utility wants a right-of-way, the utility must apply to the land management company. The land management company must then send to the railroad or railroad corporation a copy of that notice within 2 days. The railroad or railroad corporation shall have an additional 30 days to either approve or reject the crossing proposal. If a utility is granted approval for a crossing, they shall provide the railroad or railroad corporation a written notice of the crossing before the crossing begins. No utility may commence a crossing until the railroad or railroad corporation has approved the crossing. If special circumstances do exist, a railroad or railroad corporation may reject a proposed crossing. If a proposed crossing is rejected, the utility may submit an amended proposal for the crossing. The railroad or railroad corporation shall have an additional 30 days to either approve or reject the amendment crossing proposal.
Land management companies and utilities must maintain and repair its own property within the railroad right-of-way and bear responsibility for its own acts and omissions, except that the utility shall be responsible for any bodily injury or property damage causing any bodily injury or property damage from the crossing. The railroad or railroad corporation may require the utility to and land management company to obtain reasonable amounts of comprehensive general liability insurance and railroad protective liability insurance for a crossing. Further, this act specifies that a utility shall have immediate access to a crossing for repair and maintenance of existing facilities in case of emergency provided that the utility first contacts the railroad or railroad corporation's dispatch center.
Under this act, a utility shall be provided a crossing, absent a claim of special circumstances, after payment by the utility of the standard crossing fee, submission of completed engineering specifications to the land management company, and approval to do so from the railroad or railroad corporation. Unless otherwise agreed by the parties, a utility that locates its facilities within the railroad right-of-way for a crossing, shall pay the land management company a one-time standard crossing fee of $1,500 for each crossing plus the costs associated with modifications to existing insurance contracts of the utility and the land management company. The standard crossing fee shall be in lieu of any license, permit, application, or any other fees or charges to reimburse the land management company for the direct expenses incurred by the land management company as a result of the crossing. The utility shall also reimburse the land management company for any actual flagging expenses associated with a crossing in addition to the standard crossing fee. The railroad or railroad corporation may halt work at the crossing if the flagging does not meet the standards of the railroad or railroad corporation. Nothing in this act shall prevent a land management company and a utility from otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any disputes relating to the crossing, or from impairing a utility to secure an easement. No agreement between a land management company and a utility shall affect the rights of a railroad or railroad corporation.
Under the terms of this act, if the parties cannot agree that special circumstances exist to a particular crossing, the dispute shall be submitted to binding arbitration. Special circumstances generally means that there are circumstances associated with a particular crossing that requires additional terms and conditions or additional compensation. Any decision by the board of arbitration shall be final, binding, and conclusive as to the parties. Land management companies and utilities may seek enforcement of this act through the courts, and are entitled to reasonable attorney fees if they prevail. If the dispute over special circumstances concerns only the compensation associated with a crossing, the utility may proceed with installation during the pendency of arbitration.
This act shall apply in all crossings of land management corridors involving a land management company and a utility. The provisions of this act shall apply to a crossing commenced after August 28, 2013, if an agreement concerning the crossing has expired or is terminated and to a crossing commenced on or after August 28, 2013.
The provisions of these sections are similar to SB 418 (2013) and HCS/HB 345 (2013), and are substantially similar to HCS/SCS/SB 241 (2013) and HB 901 (2013).
CIVIL IMMUNITY (Section 392.415) - This act establishes immunity from a cause of action for any telecommunications carrier or other communications service for providing any information, facilities, or assistance to a law official or agency in response to requests made under the circumstances of an emergency situation.
This section is identical to a section contained in HCS/HB 601 (2013), SB 241 (2013), and SCS/HCS/HB 345 (2013).
TELECOMMUNICATIONS EXEMPTIONS (Section 392.420-392.611) - This act allows a telecommunications company to be either partially or completely exempt, upon written notice to the Public Service Commission, from any requirement to file or maintain a tariff or schedule of rates, rentals, charges, privileges, facilities, rules, regulations, or forms of contract with the Commission if the same information is available on a publicly accessible website. In addition, this act provides that a telecommunications company may include in a tariff filed with the Commission, any, all, or none of the rates, terms, or conditions for its retail telecommunications services.
Further, this act exempts telecommunication corporations and state chartered telecommunication companies from being subject to rules and regulations relating to retail services regulated by the Public Service Commission, except to the extent that it elects to remain subject to certain statutes, rules, or Commission orders. Telecommunications companies are still required to collect the universal service fund surcharge, report the intrastate telecommunications service revenues necessary to calculate the commission assessment, universal service fund surcharge, and certain telecommunications programs, and comply with the emergency location requirements.
This act also exempts broadband and other Internet protocol-enabled services from the rules and regulations of the Public Service Commission, except that voice over Internet protocol services shall continue to comply with fee and registration requirements enforced by the Commission. However, this act specifies that the Commission shall retain jurisdiction over all matters delegated to it by federal statute, rule, or order. In addition, this act allows telecommunications companies to register with the Commission and obtain certification using the same process as used for voice over Internet protocol service.
Currently, alternative local exchange telecommunications companies providing basic local telecommunications services are exempt from certain requirements. This act creates an additional exemption for price caps established by the Public Service Commission.
These provisions are identical to SB 237 (2013), HCS/HB 601 (2013), and SCS/HCS/HB 345 (2013).
KAYLA CRIDER