Bill Text: IL HB1737 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Broadband Deployment Act. Sets forth provisions concerning the use of existing electric easements and public road rights-of-way by a broadband provider to install, maintain, and use broadband infrastructure to provide broadband service. Provides that no additional compensation is required for the installation and maintenance of broadband infrastructure within an easement for electricity or along an existing public road right-of-way. Provides notice requirements for a specified entity that intends to provide broadband infrastructure for broadband services pursuant to an agreement to use existing or subsequently acquired utility easements. Sets forth provisions concerning a private right of action and damages for a property owner who is challenging the broadband provider's right to use an easement for broadband services or infrastructure. Requires coordination with the relevant local governmental unit to minimize potential future relocations. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-18 - Assigned to Public Utilities Committee [HB1737 Detail]

Download: Illinois-2025-HB1737-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1737 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
New Act
Creates the Broadband Deployment Act. Sets forth provisions concerning the use of existing electric easements and public road rights-of-way by a broadband provider to install, maintain, and use broadband infrastructure to provide broadband service. Provides that no additional compensation is required for the installation and maintenance of broadband infrastructure within an easement for electricity or along an existing public road right-of-way. Provides notice requirements for a specified entity that intends to provide broadband infrastructure for broadband services pursuant to an agreement to use existing or subsequently acquired utility easements. Sets forth provisions concerning a private right of action and damages for a property owner who is challenging the broadband provider's right to use an easement for broadband services or infrastructure. Requires coordination with the relevant local governmental unit to minimize potential future relocations. Effective immediately.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Broadband Deployment Act.
Section 5. Findings. The General Assembly hereby finds
that:
(1) Many unserved and underserved parts of Illinois
are in desperate need of high-speed, dependable broadband
Internet.
(2) In an effort to maximize State and federal grant
funding for broadband deployment, meet mandated deployment
deadlines, and accelerate the availability of broadband in
unserved and underserved parts of Illinois, it is
necessary to clarify that a public road right-of-way
allows the installation of underground broadband
facilities and that existing electric utility easements
for electricity purposes includes the use of
telecommunications so that Internet can be more readily
deployed by using existing and regularly maintained
corridors.
(3) Access to high-speed, dependable broadband
Internet adds value to properties and benefits communities

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and local economies.
Section 10. Definitions. As used in this Act:
"Broadband infrastructure" means wires, cables, fiber
optic lines, conduit, pipe, innerduct, or microduct for fiber
optic or other cables and facilities that accommodate current
or future broadband facilities for broadband service.
"Broadband provider" means the following:
(1) an electric cooperative as defined in Section 3.4
of the Electric Supplier Act;
(2) a telephone or telecommunications cooperative as
defined in Section 13-212 of the Public Utilities Act;
(3) a telecommunications carrier issued a certificate
of public convenience and necessity or a certificate of
service authority from the Illinois Commerce Commission;
(4) an interconnected voice over Internet protocol
provider as defined in Section 13-235 of the Public
Utilities Act;
(5) a company providing broadband service, as defined
in subsection (c) of Section 21-201 of the Public
Utilities Act;
(6) a cable operator, as defined in subsection (d) of
Section 21-201 of the Public Utilities Act; or
(7) a holder, as defined in subsection (k) of Section
21-201 of the Public Utilities Act.

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Section 15. Use of existing easements. A broadband
provider may use an existing electric easement to install,
maintain, and use broadband infrastructure to expand broadband
access subject to the following:
(1) broadband infrastructure may be installed and
maintained above ground or below ground;
(2) the electric cooperative or public utility may
agree to assign such rights to a broadband provider
subject to an agreement, which may include the lease of
fiber capacity;
(3) when broadband infrastructure is installed above
ground, applicable safety standards and structural
integrity shall be maintained, which may require different
poles or structures to be installed;
(4) broadband infrastructure shall be installed and
maintained to allow for minimum clearance height as
provided in the National Electricity Safety Code;
(5) when broadband infrastructure is installed below
ground, the installer shall ensure no damage to the
landowner's existing drainage facilities. If damage
occurs, it must be repaired within 15 days; and
(6) any agricultural impacts must be remedied as soon
as reasonably practicable.
Section 20. Rights-of-way. A broadband provider may
install, maintain, and use broadband infrastructure below

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ground along a public road right-of-way, subject to the
following:
(1) the broadband infrastructure shall be installed
and maintained only in the area within a public road
right-of-way, subject to the local jurisdiction permit
requirements in accordance with Section 9-113 of the
Illinois Highway Code;
(2) the broadband provider may assign such rights to
another broadband provider subject to an agreement, which
may include the lease of fiber capacity;
(3) the installer of the broadband infrastructure
shall ensure no damage to the landowner's existing
drainage facilities. If damage occurs, it must be repaired
within 15 days; and
(4) any agricultural impacts must be remedied as soon
as reasonably practicable.
Section 25. Additional compensation. By installing and
maintaining broadband infrastructure within an easement for
electricity or along an existing public road right-of-way, no
additional burden to the property is being created. Access to
high-speed, dependable broadband Internet adds value to
properties and benefits communities and local economies;
therefore, no additional compensation is required.
Section 30. Utility affiliates; notice.

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(a) A broadband provider, a utility, an affiliate of the
utility formed to provide broadband service, or another
entity, pursuant to an agreement with the utility or its
affiliate, that may include an agreement to lease fiber
capacity, may use the utility affiliate or entity's existing
or subsequently acquired utility easements for broadband
infrastructure and to provide broadband service. To exercise
rights granted under this subsection (a), the broadband
provider must provide to the property owner on which the
easement is located 2 written notices, at least 2 months
apart, that the broadband provider intends to use the easement
for broadband purposes. The use of the easement for broadband
services vests and runs with the land beginning 6 months after
the first notice is sent, unless a court action challenging
the use of the easement for broadband purposes has been filed
before that time by the property owner pursuant to subsection
(a) of Section 35. The broadband provider must also file
evidence of the notices for recording with the county
recorder.
(b) The broadband provider's notices must be sent by first
class mail to the last known address of the owner of the
property on which the easement is located or by printed
insertion in the property owner's utility bill. The notice
must include the following:
(1) the name and mailing address of the broadband
provider;

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(2) a description of the nature and purpose of the
intended easement use;
(3) a description of any trenching or other
underground work expected to result from the intended use,
including the anticipated timeframe for the work;
(4) a phone number of a broadband provider employee to
contact regarding the easement; and
(5) the following statement in bold red lettering: "It
is important to make any challenge by the deadline to
preserve any legal rights you may have.".
Section 35. Right of action; damages.
(a) Within 6 months after receiving the notice required
under Section 30, a property owner may commence an action
seeking to recover damages for a broadband provider's use of
an electric transmission or distribution easement for
broadband service purposes. If the claim for damages is under
$15,000, the claim may be brought in small claims court.
Notwithstanding any other law to the contrary, the procedures
and substantive matters set forth in this Section govern an
action under this subsection (a) and are the exclusive means
to bring a claim for compensation with respect to a notice of
intent to use a broadband provider utility easement for
broadband purposes. To commence an action under this
subsection (a), the property owner must serve a complaint upon
the broadband provider in a civil action and file the

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complaint with the district court for the county in which the
easement is located. The complaint must state whether the
property owner: (i) is challenging the broadband provider's
right to use the easement for broadband services or
infrastructure, or (ii) is seeking damages.
(b) If the property owner is seeking damages, the
broadband provider may, at any time after answering the
complaint:
(1) deposit with the circuit clerk an amount equal to
the broadband provider's estimate of damages, which must
be no less than $1; and
(2) after making the deposit, use the utility
easements for broadband purposes, conditioned on an
obligation to pay the amount of damages determined by the
court. If the property owner is challenging the broadband
provider's right to use the easement for broadband
services or infrastructure under subsection (a), after the
broadband provider answers the complaint, the circuit
court must promptly hold a hearing on the property owner's
challenge. If the district court denies the property
owner's challenge, the broadband provider may proceed to
make a deposit and make use of the easement for broadband
service purposes, as provided under this paragraph (2).
(c) In an action involving a property owner's claim for
damages, the landowner has the burden to prove the existence
and amount of any net reduction in the fair market value of the

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property, considering the existence, installation,
construction, maintenance, modification, operation, repair,
replacement, or removal of broadband infrastructure in the
easement, as well as any benefit to the property from access to
broadband service. Consequential or special damages must not
be awarded. Evidence of revenue, profits, fees, income, or
similar benefits to the broadband provider, the broadband
provider's affiliate, or a third party is inadmissible. Any
fees or costs incurred as a result of an action under this
Section must be paid by the party that incurred the fees or
costs, except that the broadband provider is responsible for
the property owner attorney fees if the final judgment or
award of damages is more than 140% of the broadband provider's
damage deposit.
(d) Nothing in this Section limits in any way a broadband
provider's existing easement rights, including, but not
limited to, rights a broadband provider has or may acquire to
transmit communications for utility operations or otherwise.
Section 40. Coordination with local government. The
placement of broadband infrastructure to provide broadband
service in any portion of a utility easement located in the
public right-of-way is subject to local government permitting
and right-of-way management authority, and the placement must
be coordinated with the relevant local governmental unit to
minimize potential future relocations. The broadband provider

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must notify a local governmental unit prior to placing
infrastructure for broadband service in an easement that is in
or adjacent to the local governmental unit's public
right-of-way.
Section 99. Effective date. This Act takes effect upon
becoming law.