SB 990 - This act creates provisions relating to pole replacements for certain broadband facilities. Where an attaching entity, as such term is defined in the act, attaches facilities to the pole of a municipally owned electric utility or rural electric cooperative, such utility or cooperative shall in no event pass on to the attaching entity the costs of removing and replacing a pole:
• Designated for replacement based on the pole's noncompliance with an applicable safety standard;
• Designated for replacement within 2 years of the date of its actual replacement for any reason unrelated to the attaching entity's request for attachment; or
• That the municipally owned electric utility or rural electric cooperative would have needed to replace at the time of replacement even if a new attachment were not made.
The act also establishes the Missouri Broadband Pole Replacement Program.
Under the program, the Department of Economic Development shall award pole reimbursements using funds available in the Broadband Pole Replacement Fund created in the act. A pole owner or a provider of qualifying broadband service who pays or incurs the costs of removing and replacing an existing pole in an unserved area for the purpose of accommodating the attachment of an eligible broadband facility may apply to the Department for a reimbursement award.
The Department shall issue a pole reimbursement for up to 50% of the eligible pole replacement costs incurred or $4,000, whichever is less, and 100% of the documented and reasonable administrative expenses incurred by the applicant in preparing and submitting the reimbursement application, not to exceed 5% of the eligible pole replacement costs in the application.
Requirements for an application for reimbursement are set forth in the act.
The Department shall award pole reimbursements until funds are no longer available.
One year after pole reimbursement funds are exhausted, the Director of the Department shall identify, examine, and report on the deployment of broadband infrastructure and technology facilitated by the pole reimbursements the Department has awarded.
JAMIE ANDREWS