SF2045

The Equal Access to Broadband Act is a Minnesota bill aimed at improving broadband access and infrastructure development in the state. Here are the key provisions of the bill:

1. Definition Updates: The bill clarifies and updates definitions related to broadband services, infrastructure, underserved and unserved areas, and local government authorities.

2. Local Government Authority & Franchise Rules:

   • Local governments are given the authority to require broadband service providers to obtain a franchise or municipal authorization to operate within their jurisdiction.
   • Such franchises can include fees of up to 5% of a provider’s gross revenues and an additional 3% for local programming if a public access channel is operated.

3. Use of Public Right-of-Way:

   • Broadband providers may use public roads to install infrastructure but must comply with local regulations, permitting, and right-of-way usage conditions.
   • They may be required to notify local governments before placing infrastructure in public easements.

4. Restrictions on Local Government Actions:

   • Cities and towns cannot impose moratoriums on the processing of broadband permits or require broadband providers to pay fees beyond what is explicitly authorized.
   • Local governments cannot discriminate among broadband service providers or create unreasonable barriers to entry.

5. Fee Structures:

   • The bill allows local governments to impose fees to recover right-of-way management costs.
   • Wireless service providers may face additional fees if attaching facilities to local government-owned structures.

6. Encouraging Infrastructure Expansion:

   • The bill defines “underserved” and “unserved” broadband areas and aims to prioritize improvements in regions where speeds are below state targets.

The proposed act enhances statewide broadband development oversight, protects local government management of public infrastructure, and ensures equal access to high-speed internet for residents and businesses in Minnesota.