MT HB695

Pole owners who receive broadband grant funding and offer broadband service must allow other companies ("attachers") to access their poles under FCC rules established in 47 U.S.C. 224.

All broadband grant agreements with the Montana Department of Administration must require applicants and their affiliates to comply with pole access requirements throughout their in-state service territory.

Existing grant agreements entered before the effective date must be amended to ensure compliance with the new requirements.

Attachers harmed by a pole owner's failure to comply may sue in Lewis and Clark County district court and recover actual damages, equitable relief, and attorney fees if they prevail.

"Pole owner" includes rural electric cooperatives but excludes utilities already regulated under federal pole attachment law; the act takes effect immediately upon passage and approval.