HF 3554

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/04/2016 04:09pm

A bill for an act
relating to telecommunications; adding wireless communications service
provider to the statute allowing use of public roads by other utilities; establishing
a task force to study and make recommendations on deployment of small wireless
telecommunications facilities; requiring a report; amending Minnesota Statutes
2014, section 222.37, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 222.37, subdivision 1, is amended to read:

Subdivision 1.

Use requirements.

Any water power, telegraph, telephone, new text begin wireless
communications service provider, new text end pneumatic tube, pipeline, community antenna television,
cable communications or electric light, heat, power company, or fire department may use
public roads for the purpose of constructing, using, operating, and maintaining lines,
subways, canals, conduits, hydrants, or dry hydrants, for their business, but such lines shall
be so located as in no way to interfere with the safety and convenience of ordinary travel
along or over the same; and, in the construction and maintenance of such line, subway,
canal, conduit, hydrants, or dry hydrants, the company shall be subject to all reasonable
regulations imposed by the governing body of any county, town or city in which such
public road may be. If the governing body does not require the company to obtain a permit,
a company shall notify the governing body of any county, town, or city having jurisdiction
over a public road prior to the construction or major repair, involving extensive excavation
on the road right-of-way, of the company's equipment along, over, or under the public
road, unless the governing body waives the notice requirement. A waiver of the notice
requirement must be renewed on an annual basis. For emergency repair a company shall
notify the governing body as soon as practical after the repair is made. Nothing herein shall
be construed to grant to any person any rights for the maintenance of a telegraph, telephone,
pneumatic tube, community antenna television system, cable communications system, or
light, heat, power system, or hydrant system within the corporate limits of any city until
such person shall have obtained the right to maintain such system within such city or for a
period beyond that for which the right to operate such system is granted by such city.

Sec. 2. new text begin TASK FORCE ON DEPLOYMENT OF SMALL WIRELESS
TELECOMMUNICATIONS FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose; task force established. new text end

new text begin In order to promote statewide
access to wireless telecommunications and ensure orderly deployment of wireless
telecommunication facilities subject to consistent and fair local regulations and
appropriate fee structures, a task force is established to study the needs of the state and
make recommendations to the legislature.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin The task force consists of 11 voting members, appointed as
follows:
new text end

new text begin (1) two members appointed by the League of Minnesota Cities, one member
appointed by the Association of Minnesota Counties, and one member appointed by
the Minnesota Association of Townships;
new text end

new text begin (2) two members of the public, one member appointed by the senate Subcommittee
on Committees of the Committee on Rules and Administration and one member appointed
by the speaker of the house. Appointments under this clause must be made as provided in
Minnesota Statutes, section 15.0597, to the extent applicable;
new text end

new text begin (3) four members representing wireless telecommunications service providers, two
members appointed by the senate Subcommittee on Committees of the Committee on
Rules and Administration and two members appointed by the speaker of the house; and
new text end

new text begin (4) one member appointed by the commissioner of commerce to serve as chair.
new text end

new text begin Appointments must be made as soon as practicable after the effective date of this section.
new text end

new text begin Subd. 3. new text end

new text begin Authority; duties. new text end

new text begin Among any other topics that the task force determines
are useful for informing its understanding of the needs of local governments and wireless
telecommunications service providers, and for informing its recommendations for
development of a robust wireless telecommunications network statewide, the task force
shall study and identify:
new text end

new text begin (1) the concerns and needs of local governments, municipal utilities, and wireless
telecommunications providers;
new text end

new text begin (2) the goals of the state to ensure all areas of the state and all residents have access
to wireless telecommunications networks that meet residents' needs, and the obstacles
to achieving those goals;
new text end

new text begin (3) the best practices and protocols for local governments' timely consideration and
approval of applications by wireless telecommunications providers for equipment and
facilities placements; and
new text end

new text begin (4) what changes in law will implement the best practices and protocols to achieve
the goals while addressing the concerns and needs of local governments.
new text end

new text begin Subd. 4. new text end

new text begin Open meetings; staff. new text end

new text begin Meetings of the task force are subject to Minnesota
Statutes, chapter 13D. The commissioner of commerce shall provide meeting space and
administrative support to the task force as requested, including posting meeting notices
on the agency's Web site.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin The task force shall report the results of its study to the chairs
and ranking minority members of the legislative committees with jurisdiction over local
government powers and duties, and telecommunications, and to the governor, by January
15, 2017. The report may be in the form of proposed legislation.
new text end

new text begin Subd. 6. new text end

new text begin No compensation. new text end

new text begin Members of the task force shall not receive
compensation.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The task force expires June 30, 2017.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end