Minnesota Legislature
HF 1255
2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2013 04:11pm
Current Version - 2nd Engrossment
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A bill for an act
relating to telecommunications; broadband; establishing the Office of Broadband
Development in the Department of Commerce and assigning it duties; requiring
the Department of Transportation to post a database on its Web site; requiring
reports; amending Minnesota Statutes 2012, section 237.012, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapters 161; 237.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[161.462] FIBER COLLABORATION DATABASE.
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new text begin Subdivision 1. new text end
new text begin Purpose. new text end
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The purpose of the fiber collaboration database is
to provide broadband providers with advance notice of upcoming Department of
Transportation construction projects, so that they may notify the department of their
interest in installing broadband infrastructure within the right-of-way during construction
in order to minimize installation costs.
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new text begin Subd. 2. new text end
new text begin Database. new text end
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(a) The Department of Transportation shall post on its Web site,
and update annually, the list of upcoming construction projects contained in its statewide
transportation improvement program, including, for each project:
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(1) the geographical location where construction will occur;
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(2) the estimated start and end dates of construction; and
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(3) a description of the nature of the construction project.
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(b) The department shall post this information as far in advance of the beginning of
construction as is feasible.
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(c) The department's Web site shall allow a provider of broadband service to register
to receive from the department electronic information on proposed construction projects
added to the database in specific geographical areas of the state as soon as it is updated.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
Minnesota Statutes 2012, section 237.012, subdivision 3, is amended to read:
Subd. 3.
Annual reports.
The commissioner of commerce must annually by
February 10 report on the achievement of the goals under subdivisions 1 and 2 to the chairs
and ranking minority members of the legislative committees with primary jurisdiction
over telecommunication issues. new text begin The report must also suggest policies, incentives, and
legislation designed to accelerate the achievement of the goals. new text end The report on goals under
subdivision 1 must be made through 2015.
new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 3.
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[237.85] OFFICE OF BROADBAND DEVELOPMENT.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For the purposes of this section, the following terms
have the meanings given them.
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(b) "Broadband" or "broadband service" means any service providing advanced
telecommunications capability and Internet access with transmission speeds that, at a
minimum, meet the Federal Communications Commission definition for broadband.
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(c) "Local unit of government" has the meaning given in section 116G.03,
subdivision 3.
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(d) "Office" means the Office of Broadband Development established in subdivision
2, paragraph (a).
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new text begin Subd. 2. new text end
new text begin Office established; purpose. new text end
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(a) An Office of Broadband Development is
established within the Department of Commerce.
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(b) The purpose of the office is to encourage, foster, develop, and improve broadband
within the state in order to:
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(1) drive job creation, promote innovation, and expand markets for Minnesota
businesses;
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(2) serve the ongoing and growing needs of Minnesota's education systems, health
care system, public safety system, industries and businesses, governmental operations,
and citizens; and
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(3) improve accessibility for underserved communities and populations.
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new text begin Subd. 3. new text end
new text begin Organization. new text end
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The office shall consist of a director of the Office of
Broadband Development, as well as any staff necessary to carry out the office's duties
under subdivision 4.
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new text begin Subd. 4. new text end
new text begin Duties. new text end
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The office shall have the power and duty to:
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(1) serve as the central broadband planning body for the state of Minnesota;
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(2) coordinate with state, regional, local, and private entities to develop, to the
maximum extent practicable, a uniform statewide broadband access and usage policy;
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(3) develop, recommend, and implement a statewide plan to encourage cost-effective
broadband access, and to make recommendations for increased usage, particularly in
rural and other underserved areas;
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(4) coordinate efforts, in consultation and cooperation with the commissioner of
commerce, local units of government, and private entities, to meet the state's broadband
goals in section 237.012;
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(5) develop, coordinate, and implement the state's broadband infrastructure
development program under section 237.90;
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(6) provide consultation services to local units of government or other project
sponsors in connection with the planning, acquisition, improvement, construction, or
development of any broadband deployment project;
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(7) encourage public-private partnerships to increase deployment and adoption
of broadband services and applications, including recommending funding options and
possible incentives to encourage investment in broadband expansion;
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(8) monitor the broadband development efforts of other states and nations in areas
such as business, education, public safety, and health;
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(9) monitor broadband-related activities at the federal level, including regulatory and
policy changes and the potential impact on broadband deployment and sustainability in
the state;
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(10) serve as an information clearinghouse for federal programs providing financial
assistance to institutions located in rural areas seeking to obtain access to high speed
broadband service, and use this information as an outreach tool to make institutions
located in rural areas that are unserved or underserved with respect to broadband service
aware of the existence of federal assistance;
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(11) coordinate an ongoing collaborative effort of stakeholders to evaluate and
address security, vulnerability, and redundancy issues important to ensure the reliability
of broadband networks;
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(12) provide an annual report, as required by subdivision 5; and
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(13) perform any other activities consistent with the office's purpose.
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new text begin Subd. 5. new text end
new text begin Reporting. new text end
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(a) Beginning on January 15, 2014, and each year thereafter,
the Office of Broadband Development shall report to the legislative committees having
jurisdiction over telecommunications policy and finance on the office's activities during
the previous year.
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(b) The report shall contain, at a minimum:
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(1) an analysis of the current availability and use of broadband, including average
broadband speeds, within the state;
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(2) information gathered from schools, libraries, hospitals, and public safety
facilities across the state, determining the actual speed and capacity of broadband currently
in use and the need, if any, for increases in speed and capacity to meet basic needs;
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(3) an analysis of incumbent broadband infrastructure within the state and its ability
to spur economic development;
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(4) an analysis of the degree to which new, additional, or improved broadband
infrastructure would spur economic development in the state;
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(5) a summary of the office's activities in coordinating broadband infrastructure
development under section 237.90;
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(6) any proposed legislative and policy initiatives; and
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(7) any other information requested by the legislative committees having jurisdiction
over telecommunications policy and finance, or that the office deems necessary.
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(c) The report may be submitted electronically and is subject to section 3.195,
subdivision 1.
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Sec. 4.
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[237.90] COORDINATION OF BROADBAND INFRASTRUCTURE
DEVELOPMENT.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For the purposes of this section, the following terms
have the meanings given them.
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(b) "Broadband" or "broadband service" has the meaning given in section 237.85,
subdivision 1, paragraph (b).
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(c) "Broadband conduit" means a conduit, pipe, innerduct, or microduct for fiber
optic or other cables that support broadband and wireless facilities for broadband service.
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(d) "Local unit of government" has the meaning given in section 116G.03,
subdivision 3.
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(e) "Office" means the Office of Broadband Development established in section
237.85.
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new text begin Subd. 2. new text end
new text begin Broadband infrastructure development. new text end
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(a) The office shall, in
collaboration with the Department of Transportation and private entities, encourage and
coordinate "dig once" efforts for the planning, relocation, installation, or improvement of
broadband conduit within the right-of-way in conjunction with any current or planned
construction, including, but not limited to, trunk highways and bridges. To the extent
necessary, the office shall, in collaboration with the Department of Transportation,
evaluate engineering and design standards, procedures and criteria for contracts or lease
agreements with private entities, and pricing requirements, and provide for allocation
of risk, costs, and any revenue generated.
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(b) The office shall, in collaboration with other state departments and agencies as the
office deems necessary, develop a strategy to facilitate the timely and efficient deployment
of broadband conduit or other broadband facilities on state-owned lands and buildings.
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(c) To the extent practicable, the office shall encourage and assist local units of
government to adopt and implement policies similar to those under paragraphs (a) and (b)
for construction or other improvements to county state-aid highways, municipal state-aid
roads, and any other rights-of-way under the local unit of government's jurisdiction, and to
other lands or buildings owned by the local unit of government.
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(d) Special consideration must be paid to projects under this subdivision that will
likely improve access to broadband by rural or underserved communities.
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new text begin Subd. 3. new text end
new text begin Reporting. new text end
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As part of its annual report under section 237.85, subdivision
5, the office shall report on activities taken under this section, including, but not limited to,
the number of current and planned projects using the "dig once" approach, any gains in
broadband speed or access associated with the project, and any costs or cost savings to
the state, private entity, or end user of broadband services.
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new text begin Subd. 4. new text end
new text begin No right of action. new text end
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Nothing in this section shall be construed to create
any right or benefit, substantive or procedural, enforceable at law or in equity by any
party against the state of Minnesota, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
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Sec. 5. new text begin STATE BROADBAND STRATEGY; REPORT.
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The Office of Broadband Development shall conduct research and produce a report
recommending a set of programs and strategies the state can pursue to promote the
improvement, more efficient and effective use, and expansion of broadband services in
ways that will have the greatest impact on the state's economic development, by which is
meant enhancing the ability of Minnesota citizens and businesses to develop their skills,
to expand businesses to new markets, develop new products, reach more customers, and
lower costs. While the state's broadband goals in section 237.012 address the universal
provision of greater broadband access and speed statewide, this report must consider
broadband as an economic development tool and must examine and analyze:
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(1) how the state can best use its limited resources to adopt strategies and make
investments to improve the use of broadband services by subgroups of broadband users,
including mobile broadband users, that promise to deliver the greatest economic impact
per dollar of state investment;
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(2) roles the state can play in addition to financial assistance for broadband
infrastructure, including supporting education and training for Minnesotans to enable
them to use broadband more effectively; and
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(3) strategies and opportunities for state investment to leverage additional amounts
of private capital and financial assistance from the federal government in order to achieve
these goals.
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By January 15, 2014, the office shall submit the report to the chairs and ranking minority
members of the senate and house committees with jurisdiction over telecommunications
issues.
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Sec. 6. new text begin EFFECTIVE DATE.
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Sections 1 to 5 are effective the day following final enactment.
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