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MO HB1025

Bill

Status

Introduced

4/2/2013

Primary Sponsor

Bart Korman

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Requires attaching entities (broadband providers, cable providers, and others) to obtain written contracts from both the pole owner and landowner before attaching any equipment to poles, effective August 28, 2013.

  • Written contracts must specify the type of use, duration of use, scope of easement for pole maintenance, and consideration paid; oral agreements made before the effective date may still be enforced.

  • Allows attaching entities to request non-binding arbitration before the Missouri Public Service Commission if they cannot obtain agreement from pole owners or landowners, with compensation determined consistent with FCC regulations and state eminent domain laws.

  • Permits landowners or pole owners to seek binding arbitration before the Missouri Public Service Commission to challenge the validity of existing pole attachments made before the law's effective date.

  • Clarifies the law does not grant eminent domain power to attaching entities and does not preclude tort remedies for property damage caused by pole installation or maintenance activities.

Legislative Description

Requires any person or entity conducting pole attachments to obtain a written contract containing specified information prior to attaching any equipment to the poles

Last Action

Withdrawn (H)

5/17/2013

Full Bill Text

No bill text available