HF 3554

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/08/2016 08:53am

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
telecommunications 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 13 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;
new text end

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

new text begin (5) two members of the wireless telecommunications infrastructure industry, 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.
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 Study. new text end

new text begin The task force shall identify and analyze issues that increase
its understanding of the needs of local governments and wireless telecommunications
providers in order to develop a robust statewide wireless telecommunications network.
These issues include, but are not limited to:
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 are necessary to 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 submit a report containing the findings and
recommendations of its study under subdivision 3 to the chairs and ranking minority
members of the legislative committees with jurisdiction over local government 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 January 15, 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