SB22-083: Broadband Provider's Use Of Public Rights-of-Way

• The state department shall not enter into exclusive agreements for public rights-of-way use with telecommunications providers that discriminate against or prevent other providers from accessing the same rights-of-way.

• All leases of rights-of-way to telecommunications providers must be offered on a nondiscriminatory, same-term basis.

• When a telecommunications provider compensates the state with non-cash compensation, the state must impute a cash equivalent value, and other providers may access the right-of-way for that same cash equivalent amount; providers may petition a court to review the imputed value.

• By August 30, 2022, the department must develop a uniform electronic application, permitting, contract, and fee structure to facilitate public access to rights-of-way and fiber leases or swaps for broadband deployment.

• The department must provide written approvals or denials to broadband providers with specific reasons and make these decisions publicly available online.