Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 190 (2017GS)

Sponsor

Rep. Handy, S.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals the section of the Transportation Code creating the Telecommunications Advisory Council; and
• makes technical changes.

Every vote on this bill

Bill text

TELECOMMUNICATIONS ADVISORY COUNCIL REPEAL
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
J. Stuart Adams
LONG TITLE
General Description:
This bill repeals the section of the Transportation Code creating the
Telecommunications Advisory Council.
Highlighted Provisions:
This bill:
▸ repeals the section of the Transportation Code creating the Telecommunications
Advisory Council; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-7-108
, as last amended by Laws of Utah 2008, Chapter 382
REPEALS:
72-7-109
, as last amended by Laws of Utah 2014, Chapter 63
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-7-108
 is amended to read:
72-7-108.
Longitudinal telecommunication access in the interstate highway
system -- Definitions -- Agreements -- Compensation -- Restrictions -- Rulemaking.
(1) As used in this section:
(a) "Longitudinal access" means access to or use of any part of a right-of-way of a
highway on the interstate system that extends generally parallel to the right-of-way for a total of
30 or more linear meters.
(b) "Statewide telecommunications purposes" means the further development of the
statewide network that meets the telecommunications needs of state agencies and enhances the
learning purposes of higher and public education.
(c) "Telecommunication facility" means any telecommunication cable, line, fiber, wire,
conduit, innerduct, access manhole, handhole, tower, hut, pedestal, pole, box, transmitting
equipment, receiving equipment, power equipment, or other equipment, system, and device
used to transmit, receive, produce, or distribute via wireless, wireline, electronic, or optical
signal for communication purposes.
(2) (a) Except as provided in Subsection (4), the department may allow a
telecommunication facility provider longitudinal access to the right-of-way of a highway on the
interstate system for the installation, operation, and maintenance of a telecommunication
facility.
(b) The department shall enter into an agreement with a telecommunication facility
provider and issue a permit before granting it any longitudinal access under this section.
(i) Except as specifically provided by the agreement, a property interest in a
right-of-way may not be granted under the provisions of this section.
(ii) An agreement entered into by the department under this section shall:
(A) specify the terms and conditions for the renegotiation of the agreement;
(B) specify maintenance responsibilities for each telecommunication facility;
(C) be nonexclusive; and
(D) be limited to a maximum term of 30 years.
(3) (a) The department shall require compensation from a telecommunication facility
provider under this section for longitudinal access to the right-of-way of a highway on the
interstate system.
(b) The compensation charged shall be:
(i) fair and reasonable;
(ii) competitively neutral;
(iii) nondiscriminatory;
(iv) open to public inspection;
(v) established to promote access by multiple telecommunication facility providers;
(vi) established for zones of the state, with zones determined based upon factors that
include population density, distance, numbers of telecommunication subscribers, and the
impact upon private right-of-way users;
(vii) established to encourage the deployment of digital infrastructure within the state;
(viii) set after the department conducts a market analysis to determine the fair and
reasonable values of the right-of-way based upon adjacent property values;
(ix) a lump sum payment or annual installment, at the option of the
telecommunications facility provider; and
(x) set in accordance with Subsection (3)(f).
(c) (i) The compensation charged may be cash, in-kind compensation, or a combination
of cash and in-kind compensation.
(ii) In-kind compensation requires the agreement of both the telecommunication
facility provider and the department.
(iii) The department shall[
, in consultation with the Telecommunications Advisory
Council created in Section 
72-7-109
,
] determine the present value of any in-kind compensation
based upon the incremental cost to the telecommunication facility provider.
(iv) The value of in-kind compensation or a combination of cash and in-kind
compensation shall be equal to or greater than the amount of cash compensation that would be
charged if the compensation is cash only.
(d) (i) The department shall provide for the proportionate sharing of costs among the
department and telecommunications providers for joint trenching or trench sharing based on
the amount of conduit innerduct space that is authorized in the agreement for the trench.
(ii) If two or more telecommunications facility providers are required to share a single
trench, each telecommunications facility provider in the trench shall share the cost and benefits
of the trench in accordance with Subsection (3)(d)(i) on a fair, reasonable, competitively
neutral, and nondiscriminatory basis.
(e) The market analysis under Subsection (3)(b)(viii) shall be conducted at least every
five years and any adjustments warranted shall apply only to agreements entered after the date
of the new market analysis.
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall establish a schedule of rates of compensation for any longitudinal access
granted under this section.
(4) The department may not grant any longitudinal access under this section that results
in a significant compromise of the safe, efficient, and convenient use of the interstate system
for the traveling public.
(5) The department may not pay any cost of relocation of a telecommunication facility
granted longitudinal access to the right-of-way of a highway on the interstate system under this
section.
(6) (a) Monetary compensation collected by the department in accordance with this
section shall be deposited with the state treasurer and credited to the Transportation Fund.
(b) Any telecommunications capacity acquired as in-kind compensation shall be used[
:
(i)
] exclusively for statewide telecommunications purposes and may not be sold or leased in
competition with telecommunication or Internet service providers[
; and
]
.
[
(ii) as determined by the department after consultation with the Telecommunications
Advisory Council created in Section 
72-7-109
.
]
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules:
(a) governing the installation, operation, and maintenance of a telecommunication
facility granted longitudinal access under this section;
(b) specifying the procedures for establishing an agreement for longitudinal access for
a telecommunication facility provider;
(c) providing for the relocation or removal of a telecommunication facility for:
(i) needed changes to a highway on the interstate system;
(ii) expiration of an agreement; or
(iii) a breach of an agreement; and
(d) providing an opportunity for all interested providers to apply for access within open
right-of-way segments.
(8) (a) Except for a right-of-way of a highway on the interstate system, nothing in this
section shall be construed to allow a highway authority to require compensation from a
telecommunication facility provider for longitudinal access to the right-of-way of a highway
under the highway authority's jurisdiction.
(b) Nothing in this section shall affect the authority of a municipality under:
(i) Section 
10-1-203
;
(ii) Section 
11-26-1
;
(iii) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act; or
(iv) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act.
(9) Compensation paid to the department under Subsection (3) may not be used by any
person as evidence of the market or other value of the access for any other purpose, including
condemnation proceedings, other litigation, or the application of rates of taxation or the
establishment of franchise fees relating to longitudinal access rights.
Section 2. 
Repealer.
This bill repeals:
Section 
72-7-109
,
Telecommunications Advisory Council -- Membership -- Duties.