SB3838 104TH GENERAL ASSEMBLY

LRB104 20717 AAS 34217 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3838

Introduced 2/6/2026, by Sen. Patrick J. Joyce

SYNOPSIS AS INTRODUCED:

New Act

Creates the Broadband Deployment Act. Sets forth findings. Defines terms. Provides that, conditional upon acquiring the proper agreement or permit with the highway right-of-way controller or holder, a broadband grant recipient may install, maintain, and use broadband infrastructure along a highway right-of-way. Provides that no property owner of property located within the highway right-of-way shall forbid or prevent a proposed broadband grant recipient from entering upon the property for purposes of and in connection with the deployment of broadband infrastructure, nor shall any such property owner forbid or prohibit the broadband grant recipient from deploying upon, beneath, or over that property broadband infrastructure utilized by the broadband grant recipient for such broadband service. Provides that the broadband grant recipient must notify the property owner in writing by sending notification to the property owner's address specified in the online or publicly available records of the applicable county assessor (i) by the United States Postal Service, certified mail, return receipt requested; (ii) by a designated private delivery service, as defined by the Internal Revenue Service, that provides the same function as certified mail with return receipt; or (iii) by personally serving the notification. Sets forth requirements for the content of the notice. Provides that if the property owner intends to demand just compensation, the property owner must serve written notice thereof upon the broadband grant recipient within 45 days after the anticipated date of broadband deployment as provided in the notice to the property owner. Provides that neither the property owner's notice to demand just compensation, nor the property owner's assertion of a specific claim for just compensation, nor the initiation of any legal action to enforce the claim of just compensation shall delay or impair the right of the broadband grant recipient to deploy broadband infrastructure and provide broadband service within or upon, beneath, or over certain property. Provides that the rights and obligations of broadband grant recipients and landowners set forth in the amendatory provisions do not apply on and after January 1, 2030. Makes other changes. 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. Legislative findings. The General Assembly finds that:

(1) a goal of the State is to make available to its citizens affordable, reliable, and state-of-the-art Internet communications through the expansion, extension, and general availability of broadband services and technology and to encourage the adoption of broadband by all citizens;

(2) although broadband access has been extended to many areas of the State, many rural areas remain unserved and, although many neighborhoods in urban and suburban areas have broadband options, some urban neighborhoods remain unserved;

(3) fair and equitable access to 21st century technology is essential to (i) maximize the functionality of educational resources and educational facilities that enable children and adults to receive the best of future teaching and learning methods, (ii) civic engagement, (iii) economic development, (iv) access to state-of-the-art health care, (v) aging in place, (vi) participation in a global economy, and (vii) the State's farming communities; and

(4) the use of highway rights-of-way to support broadband infrastructure and services is compatible with and similar to other uses of highway rights-of-way and furthers the overall public interest by extending broadband access to citizens of the State and eliminating barriers to the widespread adoption of broadband Internet access.

Section 10. Definitions. As used in this Act:

"Broadband grant recipient" means a broadband service provider that is a telecommunications retailer, as defined in subsection (d) of Section 10 of the Telecommunications Infrastructure Maintenance Fee Act, that has been awarded grant funding pursuant to any State or federal grant program with the purpose of expanding broadband deployment and access to broadband services.

"Broadband infrastructure" means aboveground or underground wires, cables, fiber optic lines, conduit, pipe, innerduct, or microduct for fiber optic or other cables and facilities, including ancillary equipment such as power supplies, backhaul, and support structures, that are used in the provision of broadband services.

"Broadband service" means broadband Internet access service as defined in 47 CFR 8.1(b).

"Deploy" means, with respect to broadband infrastructure, to install, operate, maintain, access, inspect, upgrade, replace, repair, remove, and perform activities ancillary to those activities.

"Highway right-of-way" means the land, or interest therein, acquired for or devoted to a highway, as defined in the Illinois Highway Code.

"Property owner" does not include a public utility as defined in Section 3-105 of the Public Utilities Act.

Section 15. Rights-of-way. Conditional upon acquiring the proper agreement or permit with the highway right-of-way controller or holder, a broadband grant recipient may install, maintain, and use broadband infrastructure along a highway right-of-way. The broadband grant recipient shall comply with all applicable provisions of Section 9-113 of the Illinois Highway Code and relevant administrative rules.

No property owner of property located within the highway right-of-way shall forbid or prevent a proposed broadband grant recipient from entering upon the property for purposes of and in connection with the deployment of broadband infrastructure, nor shall any such property owner forbid or prohibit the broadband grant recipient from deploying upon, beneath, or over that property broadband infrastructure utilized by the broadband grant recipient for such broadband service. The property owner may be entitled to the payment of just compensation by the broadband grant recipient, as provided in Section 20, and the broadband grant recipient shall indemnify the owner of such property for any physical damage caused by deployment of the broadband infrastructure and service.

Nothing in this Act shall be construed as reducing the ability of the Department of Transportation from exercising its authority to: (1) approve or deny permits for use of its right-of-way, (2) collect fees and compensation required as part of the Department of Transportation's administrative rules, and (3) manage the use of its right-of-way.

Section 20. Notice and compensation.

(a) The broadband grant recipient must notify the property owner in writing by sending notification to the property owner's address specified in the online or publicly available records of the applicable county assessor (i) by the United States Postal Service, certified mail, return receipt requested; (ii) by a designated private delivery service, as defined by the Internal Revenue Service, that provides the same function as certified mail with return receipt; or (iii) by personally serving the notification. The property owner shall be notified at least 14 days, but not more than 60 days, prior to the broadband grant recipient entering upon such property for purposes of or in connection with the deployment of broadband infrastructure. The notice shall include the following information:

(1) the address of the property;

(2) the name of the broadband grant recipient and contact information for notice to the broadband grant recipient;

(3) the anticipated date of the proposed installation, maintenance, repair, or removal of the broadband infrastructure and projected length of time required to complete the installation, maintenance, or repair;

(4) information as to the time within which the owner may give notice and demand just compensation under this Section if the property owner believes that the property is diminished in value due to the burden on the property from the expanded use of the right-of-way;

(5) the manner and method of, and the detailed design and construction plans for, such installation, maintenance, repair, and removal, including the location of the proposed entry and path of broadband facilities proposed to be placed, repaired, maintained, or removed upon the property; and

(6) a statement absolving the property owner or the property owner's tenant from liability for any damages to broadband infrastructure that occur in the event of normal property use, including normal farming operations if the property is used for farming purposes.

(b) If the property owner intends to demand just compensation, the property owner must serve written notice thereof upon the broadband grant recipient within 45 days after the anticipated date of broadband deployment as provided in the notice to the property owner. Unless timely notice as provided in this subsection is given by the property owner to the broadband grant recipient, it will be conclusively presumed that the property owner does not claim just compensation for the burden on the property from the expanded use of the right-of-way.

(c) Any property owner described in subsection (a) who has given timely written notice to the broadband grant recipient, as provided in subsection (b), may assert a claim for just compensation for diminution in value of the property from the expanded use of the right-of-way. A property owner may bring suit in an applicable circuit court with jurisdiction to enforce a claim for just compensation and to have the amount of just compensation determined by a jury. Such action must be commenced within 6 months of delivery of the broadband grant recipient's original notice of intent to deploy broadband infrastructure. A property owner who has not given timely notice as provided in subsection (b) is barred from asserting such a claim.

(d) Neither the property owner's notice to demand just compensation, nor the property owner's assertion of a specific claim for just compensation, nor the initiation of any legal action to enforce the claim of just compensation shall delay or impair the right of the broadband grant recipient to deploy broadband infrastructure and provide broadband service within or upon, beneath, or over property described in subsection (a).

Section 25. Sunset. The rights and obligations of broadband grant recipients and landowners set forth in this Act do not apply on and after January 1, 2030.

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