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MO HB1198
Bill
Status
1/8/2014
Primary Sponsor
Douglas Funderburk
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AI Summary
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Repeals and replaces sections 67.1830 and 67.5104 of Missouri law relating to municipal utility poles and right-of-way management.
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Defines "pole attachment" to include attachments by video service providers, telecommunications providers, and other communications-related service providers to poles owned or controlled by municipal utilities or municipalities, excluding wireless antenna attachments.
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Requires municipal utilities and municipalities to grant pole attachment access on a nondiscriminatory basis and allows denial only if there is insufficient capacity or for safety and reliability reasons that the attaching entity cannot resolve.
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Establishes that pole attachment fees, terms, and conditions must be nondiscriminatory, just, and reasonable, calculated on an annual per-pole basis and capped at the rate formula used for cable services under 47 U.S.C. § 224(d).
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Permits either party to seek binding arbitration or court review of disputed fees, terms, or conditions, and allows attaching entities to proceed with attachments at the statutory rate during disputes pending resolution.
Legislative Description
Changes the laws regarding municipal utility poles
Last Action
Placed on Informal Calendar
3/24/2014