SF 977

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; excluding cellular and 
  1.3             other wireless telecommunications providers from 
  1.4             definition of telecommunications right-of-way user; 
  1.5             mandating that wireless telecommunications providers 
  1.6             have no authority to erect towers in public 
  1.7             right-of-way; amending Minnesota Statutes 2000, 
  1.8             sections 237.162, subdivision 4; and 237.163, 
  1.9             subdivision 2.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 237.162, 
  1.12  subdivision 4, is amended to read: 
  1.13     Subd. 4.  [TELECOMMUNICATIONS RIGHT-OF-WAY USER.] 
  1.14  "Telecommunications right-of-way user" means a person owning or 
  1.15  controlling a facility in the public right-of-way, or seeking to 
  1.16  own or control a facility in the public right-of-way, that is 
  1.17  used or is intended to be used for transporting 
  1.18  telecommunications or other voice or data information.  A cable 
  1.19  communication system defined and regulated under chapter 238, 
  1.20  and telecommunications activities related to providing natural 
  1.21  gas or electric energy services whether provided by a public 
  1.22  utility as defined in section 216B.02, a municipality, a 
  1.23  municipal gas or power agency organized under chapter 453 or 
  1.24  453A, or a cooperative electric association organized under 
  1.25  chapter 308A, are not telecommunications right-of-way users for 
  1.26  the purposes of this section and section 237.163.  A provider of 
  1.27  cellular and other wireless services is also not a 
  2.1   telecommunications right-of-way user for the purposes of this 
  2.2   section and section 237.163, with regard to the construction, 
  2.3   placement, and location of cellular towers.  
  2.4      [EFFECTIVE DATE.] This section is effective the day 
  2.5   following final enactment. 
  2.6      Sec. 2.  Minnesota Statutes 2000, section 237.163, 
  2.7   subdivision 2, is amended to read: 
  2.8      Subd. 2.  [GENERALLY.] (a) Subject to this section, a 
  2.9   telecommunications right-of-way user authorized to do business 
  2.10  under the laws of this state or by license of the Federal 
  2.11  Communications Commission may construct, maintain, and operate 
  2.12  conduit, cable, switches, and related appurtenances and 
  2.13  facilities along, across, upon, above, and under any public 
  2.14  right-of-way.  This paragraph does not apply to the 
  2.15  construction, placement, or location of cellular towers in the 
  2.16  public right-of-way.  
  2.17     (b) Subject to this section, a local government unit has 
  2.18  the authority to manage its public rights-of-way and to recover 
  2.19  its rights-of-way management costs.  The authority defined in 
  2.20  this section may be exercised at the option of the local 
  2.21  government unit.  The exercise of this authority is not mandated 
  2.22  under this section.  A local government unit may, by ordinance: 
  2.23     (1) require a telecommunications right-of-way user seeking 
  2.24  to excavate or obstruct a public right-of-way for the purpose of 
  2.25  providing telecommunications services to obtain a right-of-way 
  2.26  permit to do so and to impose permit conditions consistent with 
  2.27  the local government unit's management of the right-of-way; 
  2.28     (2) require a telecommunications right-of-way user using, 
  2.29  occupying, or seeking to use or occupy a public right-of-way for 
  2.30  the purpose of providing telecommunications services to register 
  2.31  with the local government unit by providing the local government 
  2.32  unit with the following information: 
  2.33     (i) the applicant's name, gopher state one-call 
  2.34  registration number under section 216D.03, address, and 
  2.35  telephone and facsimile numbers; 
  2.36     (ii) the name, address, and telephone and facsimile numbers 
  3.1   of the applicant's local representative; 
  3.2      (iii) proof of adequate insurance; and 
  3.3      (iv) other information deemed reasonably necessary by the 
  3.4   local government unit for the efficient administration of the 
  3.5   public right-of-way; and 
  3.6      (3) require telecommunications right-of-way users to submit 
  3.7   to the local government unit plans for construction and major 
  3.8   maintenance that provide reasonable notice to the local 
  3.9   government unit of projects that the telecommunications 
  3.10  right-of-way user expects to undertake that may require 
  3.11  excavation and obstruction of public rights-of-way. 
  3.12     (c) A local government unit may also require a 
  3.13  telecommunications right-of-way user that is registered with the 
  3.14  local government unit pursuant to paragraph (b), clause (2), to 
  3.15  periodically update the information in its registration 
  3.16  application. 
  3.17     [EFFECTIVE DATE.] This section is effective the day 
  3.18  following final enactment.