2019 - 2020 LEGISLATURE
SENATE AMENDMENT 1,
TO ASSEMBLY BILL 344
February 19, 2020 - Offered by Senators Smith,
Johnson, L. Taylor, Hansen,
Wirch, Shilling, Miller, Ringhand, Risser, Erpenbach, Carpenter, Larson
At the locations indicated, amend the bill
, as shown by assembly substitute 2
amendment 1, as follows:
31. Page 1, line 3
: after “service" insert “and installation of empty conduit lines 4
as part of a digging project in a right-of-way and offers of service from fiber optic 5
cable broadband lines installed in rights-of-way".
66.0422 (2) (intro.) of the statutes is amended to read:
(intro.) Except as otherwise
provided in subs. (3), (3d), (3m), and
9(3n) this section
, no local government may enact an ordinance or adopt a resolution 10
authorizing the local government to construct, own, or operate any facility for 11
providing video service, telecommunications service, or broadband service, directly 12
or indirectly, to the public, unless all of the following are satisfied:
66.0422 (3b) of the statutes is created to read:
Subsection (2) does not apply to conduit lines that a local 2
government requires to be installed under s. 66.0912 (2).
66.0912 of the statutes is created to read:
466.0912 Installation of conduit in right-of-way. (1) Definitions.
In this 5
(a) “Political subdivision” means any city, village, town, or county.
(b) “Right-of-way” means the area on, below, or above a highway, as defined 8
in s. 340.01 (22), other than a highway that is part of the national system of interstate 9
highways; sidewalk; utility easement; or other similar property, including property 10
owned or controlled by the department of transportation.
(c) “Special work” means construction or maintenance of a sidewalk project or 12
highway project on a state trunk highway.
13(2) Requirements for the installation of conduit.
If any person conducts any 14
special work in a political subdivision's right-of-way that results in the person 15
digging in the right-of-way, the political subdivision may require the person to 16
install empty conduit lines in any part of the right-of-way in which the person is 17
digging. The empty conduit lines must be suitable for the installation of fiber optic 18
84.01 (38) of the statutes is created to read:
84.01 (38) Conduit line installation
. If a person conducts construction or 22
maintenance work on a state trunk highway that results in the person digging in the 23
right-of-way of the state trunk highway, the department may require the person to 24
install empty conduit lines in any part of the right-of-way in which the person is
digging. The empty conduit lines must be suitable for the installation of fiber optic 2
196.5047 of the statutes is created to read:
4196.5047 Fiber optic cable broadband lines in rights-of-way. (1)
In this 5
section, “right-of-way” means a right-of-way, as defined in s. 66.0912 (1) (b), of the 6
state or a city, village, town, or county.
An Internet service provider that has installed a fiber optic cable broadband 8
line in a right-of-way shall, upon the request of an owner of a structure that is 300 9
feet or fewer from the center line of the right-of-way, offer to provide to the structure 10
the service that is provided over the line.”.
The treatment of ss. 66.0422 (2) (intro.) and (3b), 66.0912, and 84.01 (38) 15
first applies to a project that involves digging in a right-of-way that begins on the 16
effective date of this subsection.”.