Bill Text: WV SB231 | 2022 | Regular Session | Introduced
Bill Title: Relating generally to broadband connectivity
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2022-04-20 - Chapter 48, Acts, Regular Session, 2022 [SB231 Detail]
Download: West_Virginia-2022-SB231-Introduced.html
WEST virginia legislature
2022 regular session
Introduced
Senate Bill 231
By Senator Tarr
[Introduced January 12, 2022;
referred
to the Committee on Economic Development]
A BILL to amend and reenact §31G-4-1 and §31G-4-4 of the Code of West Virginia, 1931, as amended, all relating to broadband connectivity; defining terms; requiring engineering reports on available telecommunication cable space; providing for shared costs for the report; requiring notice from pole owner or manager to telecommunication carriers of available space; and requiring notice to pole owner or manager of intent to use any available space.
Be it enacted by the Legislature of West Virginia:
article 4. make-ready pole access.
§31G-4-1. Definitions.
As used in this article, the following terms are defined as follows:
(1) “Applicable codes” means uniform building, fire,
electrical, plumbing, or mechanical codes adopted by a recognized national code
organization, including, but not limited to, the National Electrical Safety
Code, or any local amendments to those codes: Provided, That
notwithstanding any other provisions of said applicable codes, the Code of West
Virginia, or the West Virginia Code of State Rules, variances for the
installation and maintenance of broadband service infrastructure on utility
poles shall be permitted if these are agreed upon between infrastructure owners.
(2) “Attacher” means any person, corporation, or other
entity, or the agents or contractors of such seeking to permanently or
temporarily fasten or affix any type of equipment, antenna, line, or facility
of any kind to a utility pole in the right of way or its adjacent ground space.
(3) “Attachment Application” means the application made
by an Attacher to a Pole Owner for attachment of equipment, antenna, line or
facility of any kind to a utility pole. It shall include:
(A) Proof of insurance; or
(B) An indemnification agreement prepared by the Pole Owner.
“Broadband Service” means the same as that term is defined in §31G-1-2 of this code.
“Commission” means the Public Service Commission as set forth in §24-1-1 et seq. of this code.
(4) “Make Ready Costs” means the costs incurred by an
Attacher associated with the transfer of the facilities, antenna, lines, or
equipment of a Pre-Existing Third Party User, undertaken by an Attacher to
enable attachment to the utility pole or similar structure. Make-Ready Costs
that are to be paid by an Attacher include, without limitation, all costs and
expenses to relocate or alter the attachments or facilities of any Pre-Existing
Third Party User as may be necessary to accommodate an Attacher’s attachment.
“Telecommunications Carrier” means either:
(A) A telecommunication carrier as determined by the Public Service Commission, or
(B) A telecommunication carrier that meets the definition of such with respect to the Federal Communication Commission, as set forth in 47 U.S.C. § 153.
(5) “Pole Owner” means a person, corporation or entity
having ownership of a pole or similar structure in the right of way to which
utilities, including without limitation, electric and communications
facilities, are located or may be located whether such ownership is in fee
simple or by franchise.
(6) “Pre-Existing Third Party User” means the owner of
any currently operating facilities, antenna, lines or equipment on a pole or
its adjacent ground space in the right of way.
“Utility Facility” means the same as that term is defined in §17-2A-17a of this code.
“Utility Poles” of “Poles” means a pole that is used to support electrical, cable television, telephone, and broadband service.
“Wireless Access” means access to and use of a right-of-way for the purpose of constructing, installing, maintaining, using, or operating telecommunications facilities for wireless communication purposes.
§31G-4-4. Public Service Commission jurisdiction; rulemaking; enforcement.
(a) The Public Service Commission shall possess and exercise regulatory jurisdiction over the provisions of this article. The commission shall administer and adjudicate disputes relating to the issues and procedures provided for under this article.
(b) The commission shall adopt the rates, terms, and conditions of access to and use of poles, ducts, conduits, and rights-of-way as provided in 47 U.S.C. § 224 and 47 C.F.R. § 1.1401 – 1.1415, inclusive, of the dispute resolution process incorporated by reference in those regulations and any subsequent modifications or additions to the provisions of the United States Code or Code of Federal Regulations provisions referenced herein.
(c) The commission shall certify to the Federal Communications Commission that this state, as evidenced by the enactment of this article, hereby exercises jurisdiction over the regulation of pole attachments. The certification shall include notice that the State of West Virginia hereby:
(1) Regulates the rates, terms, and conditions related to pole attachments; and
(2) In so regulating such rates, terms, and conditions, the state has the authority to consider and does consider the interests of the subscribers of the services offered via such attachments, as well as the interests of the consumers of the services.
(A) Provide for the pole owner to fully recover from the owner of the attachment the costs incurred by the pole owner for the removal and disposal of abandoned cable, conductors, and related facilities;
(B) Address situations where the pole owner is unable to receive full recovery of its removal and disposal costs from the owner of the attachment by instead receiving recovery of its net unrecovered costs from its jurisdictional customers, including other Attachers, in such manner as the commission determines is just and reasonable; and
(C) Allow the pole owner to book or defer these net costs on its accounting books and request recovery to the commission outside of a base rate case proceeding through a surcharge or other rate recovery mechanism.
(D) Require within 30 days a pole owner or manager to make known to the Public Service Commission when a utility pole has been approved for telecommunication fibers to be added and what the additional available capacity is for that pole. Telecommunication carriers will be notified by the commission within 15 days of the available space and the telecommunication carrier who intends to use the pole will share in the cost of the engineering work required. The telecommunication carrier shall be given 30 days to notify the pole owner or manager they will use the pole or poles for connectivity.
(2) Any pole owner, after making reasonable efforts to require the attachment owner to remove abandoned facilities, that proceeds to remove what the pole owner reasonably believes is abandoned cable, conductor, and related facilities, shall be released and held harmless from liability from claims or any related losses claimed by the Attacher or others for the pole owner’s removal work, including any loss of property value, potential business value, salvage value, or any other value of such cable, conductor, and related facilities.
NOTE: The purpose of this bill is regarding broadband connectivity; to define terms; to require engineering reports on available telecommunication cable space; to provide for shared costs for the report; to require notice from pole owner or manager to telecommunication carriers of available space; and to require notice to pole owner or manager of intent to use any available space.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
