Illinois General Assembly - Full Text of HB1737

LRB104 07428 AAS 17469 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1737

Introduced 1/28/2025, by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

New Act

Creates the Broadband Deployment Act. Sets forth provisions concerning the use of existing electric easements and public road rights-of-way by a broadband provider to install, maintain, and use broadband infrastructure to provide broadband service. Provides that no additional compensation is required for the installation and maintenance of broadband infrastructure within an easement for electricity or along an existing public road right-of-way. Provides notice requirements for a specified entity that intends to provide broadband infrastructure for broadband services pursuant to an agreement to use existing or subsequently acquired utility easements. Sets forth provisions concerning a private right of action and damages for a property owner who is challenging the broadband provider's right to use an easement for broadband services or infrastructure. Requires coordination with the relevant local governmental unit to minimize potential future relocations. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Broadband Deployment Act.

Section 5. Findings. The General Assembly hereby finds that:

(1) Many unserved and underserved parts of Illinois are in desperate need of high-speed, dependable broadband Internet.

(2) In an effort to maximize State and federal grant funding for broadband deployment, meet mandated deployment deadlines, and accelerate the availability of broadband in unserved and underserved parts of Illinois, it is necessary to clarify that a public road right-of-way allows the installation of underground broadband facilities and that existing electric utility easements for electricity purposes includes the use of telecommunications so that Internet can be more readily deployed by using existing and regularly maintained corridors.

(3) Access to high-speed, dependable broadband Internet adds value to properties and benefits communities and local economies.

Section 10. Definitions. As used in this Act:

"Broadband infrastructure" means wires, cables, fiber optic lines, conduit, pipe, innerduct, or microduct for fiber optic or other cables and facilities that accommodate current or future broadband facilities for broadband service.

"Broadband provider" means the following:

(1) an electric cooperative as defined in Section 3.4 of the Electric Supplier Act;

(2) a telephone or telecommunications cooperative as defined in Section 13-212 of the Public Utilities Act;

(3) a telecommunications carrier issued a certificate of public convenience and necessity or a certificate of service authority from the Illinois Commerce Commission;

(4) an interconnected voice over Internet protocol provider as defined in Section 13-235 of the Public Utilities Act;

(5) a company providing broadband service, as defined in subsection (c) of Section 21-201 of the Public Utilities Act;

(6) a cable operator, as defined in subsection (d) of Section 21-201 of the Public Utilities Act; or

(7) a holder, as defined in subsection (k) of Section 21-201 of the Public Utilities Act.

Section 15. Use of existing easements. A broadband provider may use an existing electric easement to install, maintain, and use broadband infrastructure to expand broadband access subject to the following:

(1) broadband infrastructure may be installed and maintained above ground or below ground;

(2) the electric cooperative or public utility may agree to assign such rights to a broadband provider subject to an agreement, which may include the lease of fiber capacity;

(3) when broadband infrastructure is installed above ground, applicable safety standards and structural integrity shall be maintained, which may require different poles or structures to be installed;

(4) broadband infrastructure shall be installed and maintained to allow for minimum clearance height as provided in the National Electricity Safety Code;

(5) when broadband infrastructure is installed below ground, the installer shall ensure no damage to the landowner's existing drainage facilities. If damage occurs, it must be repaired within 15 days; and

(6) any agricultural impacts must be remedied as soon as reasonably practicable.

Section 20. Rights-of-way. A broadband provider may install, maintain, and use broadband infrastructure below ground along a public road right-of-way, subject to the following:

(1) the broadband infrastructure shall be installed and maintained only in the area within a public road right-of-way, subject to the local jurisdiction permit requirements in accordance with Section 9-113 of the Illinois Highway Code;

(2) the broadband provider may assign such rights to another broadband provider subject to an agreement, which may include the lease of fiber capacity;

(3) the installer of the broadband infrastructure shall ensure no damage to the landowner's existing drainage facilities. If damage occurs, it must be repaired within 15 days; and

(4) any agricultural impacts must be remedied as soon as reasonably practicable.

Section 25. Additional compensation. By installing and maintaining broadband infrastructure within an easement for electricity or along an existing public road right-of-way, no additional burden to the property is being created. Access to high-speed, dependable broadband Internet adds value to properties and benefits communities and local economies; therefore, no additional compensation is required.

Section 30. Utility affiliates; notice.

(a) A broadband provider, a utility, an affiliate of the utility formed to provide broadband service, or another entity, pursuant to an agreement with the utility or its affiliate, that may include an agreement to lease fiber capacity, may use the utility affiliate or entity's existing or subsequently acquired utility easements for broadband infrastructure and to provide broadband service. To exercise rights granted under this subsection (a), the broadband provider must provide to the property owner on which the easement is located 2 written notices, at least 2 months apart, that the broadband provider intends to use the easement for broadband purposes. The use of the easement for broadband services vests and runs with the land beginning 6 months after the first notice is sent, unless a court action challenging the use of the easement for broadband purposes has been filed before that time by the property owner pursuant to subsection (a) of Section 35. The broadband provider must also file evidence of the notices for recording with the county recorder.

(b) The broadband provider's notices must be sent by first class mail to the last known address of the owner of the property on which the easement is located or by printed insertion in the property owner's utility bill. The notice must include the following:

(1) the name and mailing address of the broadband provider;

(2) a description of the nature and purpose of the intended easement use;

(3) a description of any trenching or other underground work expected to result from the intended use, including the anticipated timeframe for the work;

(4) a phone number of a broadband provider employee to contact regarding the easement; and

(5) the following statement in bold red lettering: "It is important to make any challenge by the deadline to preserve any legal rights you may have.".

Section 35. Right of action; damages.

(a) Within 6 months after receiving the notice required under Section 30, a property owner may commence an action seeking to recover damages for a broadband provider's use of an electric transmission or distribution easement for broadband service purposes. If the claim for damages is under $15,000, the claim may be brought in small claims court. Notwithstanding any other law to the contrary, the procedures and substantive matters set forth in this Section govern an action under this subsection (a) and are the exclusive means to bring a claim for compensation with respect to a notice of intent to use a broadband provider utility easement for broadband purposes. To commence an action under this subsection (a), the property owner must serve a complaint upon the broadband provider in a civil action and file the complaint with the district court for the county in which the easement is located. The complaint must state whether the property owner: (i) is challenging the broadband provider's right to use the easement for broadband services or infrastructure, or (ii) is seeking damages.

(b) If the property owner is seeking damages, the broadband provider may, at any time after answering the complaint:

(1) deposit with the circuit clerk an amount equal to the broadband provider's estimate of damages, which must be no less than $1; and

(2) after making the deposit, use the utility easements for broadband purposes, conditioned on an obligation to pay the amount of damages determined by the court. If the property owner is challenging the broadband provider's right to use the easement for broadband services or infrastructure under subsection (a), after the broadband provider answers the complaint, the circuit court must promptly hold a hearing on the property owner's challenge. If the district court denies the property owner's challenge, the broadband provider may proceed to make a deposit and make use of the easement for broadband service purposes, as provided under this paragraph (2).

(c) In an action involving a property owner's claim for damages, the landowner has the burden to prove the existence and amount of any net reduction in the fair market value of the property, considering the existence, installation, construction, maintenance, modification, operation, repair, replacement, or removal of broadband infrastructure in the easement, as well as any benefit to the property from access to broadband service. Consequential or special damages must not be awarded. Evidence of revenue, profits, fees, income, or similar benefits to the broadband provider, the broadband provider's affiliate, or a third party is inadmissible. Any fees or costs incurred as a result of an action under this Section must be paid by the party that incurred the fees or costs, except that the broadband provider is responsible for the property owner attorney fees if the final judgment or award of damages is more than 140% of the broadband provider's damage deposit.

(d) Nothing in this Section limits in any way a broadband provider's existing easement rights, including, but not limited to, rights a broadband provider has or may acquire to transmit communications for utility operations or otherwise.

Section 40. Coordination with local government. The placement of broadband infrastructure to provide broadband service in any portion of a utility easement located in the public right-of-way is subject to local government permitting and right-of-way management authority, and the placement must be coordinated with the relevant local governmental unit to minimize potential future relocations. The broadband provider must notify a local governmental unit prior to placing infrastructure for broadband service in an easement that is in or adjacent to the local governmental unit's public right-of-way.

Section 99. Effective date. This Act takes effect upon becoming law.