S.B. 2603 Summary

• Creates new Part II of Chapter 206N allowing the Department of Transportation to install, lease, and manage telecommunication facilities within highway rights-of-way, and to grant providers longitudinal access for 30 or more linear meters.

• Requires providers seeking longitudinal highway access to enter into agreements with the department, pay fair and reasonable compensation (cash or in-kind), and comply with rules protecting highway safety; agreements limited to maximum 30-year terms.

• Establishes the Smart Highway Corridor Special Fund to receive compensation payments from providers and deposit revenues from telecommunication facility leases; funds used for maintenance, operation, and expansion of facilities and for property owner compensation claims.

• Entitles property owners to just compensation from the department or provider if expanded use of existing easements for telecommunication facilities reduces fair market value of their property; claims must be filed within 18 months of notice and class actions are prohibited.

• Authorizes the department to offer broadband providers use of spare conduit and related facilities at fair market rates; prohibits state agencies from paying for such access and restricts acquired telecommunications capacity to state and educational uses only.