HB400 Summary

• Authorizes electric providers to place, construct, install, operate, and use broadband systems and advanced communication capabilities within their existing electric easements for utility support services and retail nonutility support services.

• Permits electric providers to engage directly in broadband services or authorize broadband affiliates and unaffiliated third parties to operate broadband systems within electric easements on terms and conditions determined by the electric provider.

• Grants electric providers the right to condemn easements and rights-of-way for advanced communications capabilities using condemnation procedures under Chapter 1A of Title 18.

• Establishes that property owners may file civil actions within three years for damages if their property is taken or injured by broadband system construction, with damages measured by fair market value difference before and after construction, and vests easement expansion rights to the electric provider upon judgment.

• Requires electric providers offering retail broadband services to apply the same pole attachment rates and access terms to their own broadband services as they apply to unaffiliated broadband providers, and mandates annual legislative reporting on pole attachment rates by June 30.