§ 58-9-3000 — Short title; legislative findings.

(A) This article shall be known as the "Broadband Accessibility Act". (B) The General Assembly finds that: (1) Despite the substantial efforts and billions of dollars invested by existing broadband service providers, locations within the State still lack access to broadband service, particularly in rural areas where the cost to deploy facilities is significantly higher than in more densely populated areas. (2) Because the lack of broadband facilities and services in certain areas deprives citizens residing in those areas from access to opportunities, the State needs to take action to correct and eliminate discrepancies in access to broadband facilities and services. (3) With this chapter, the General Assembly intends to authorize electric cooperatives to (a) invest in or deploy broadband facilities and (b) provide broadband service in this State, while ensuring that appropriate protections are in place to ensure that electric cooperatives do not have an unfair competitive advantage over other broadband service providers, and that the provision of broadband service by electric cooperatives does not unduly burden their electric service customers. (4) It is the public policy of this State to encourage and facilitate the development and investment in broadband facilities in order to facilitate access to broadband services at all locations in the State, as this development is vital and necessary to induce, create, and promote industrial and economic development and to create job opportunities, enhance health care, and enhance educational advancement in the State. (5) It is the public policy of this State to encourage continued and expanded investment in broadband infrastructure in this State by existing and new broadband providers. (6) It is the public policy of the State to promote the authorization of advanced communications capabilities to be installed within existing easements and other rights of way in a manner that protects the rights of landowners. (7) It is the public policy of this State to promote the efficient deployment of broadband facilities in the State. (8) Utilizing electric easements to provide broadband services, especially existing overhead or underground facilities, does not change the physical use of the easement, interfere with or impair any vested rights of the owner or occupier of real property subject to the easement, or place any additional burdens on the property interests of an owner or occupier. Consequently, the installation and operation of broadband services within the easements are merely changes in the manner or degree of the granted use as appropriate to accommodate a new technology and, absent any applicable express prohibition contained in the instrument conveying or granting the easement, shall be deemed as a matter of law to be permitted use within the scope of every such easement. (9) The provisions of this chapter are reasonably related to the legislative objective of facilitating access to broadband services in unserved areas throughout the State.

Legislative History

HISTORY: 2020 Act No. 175 (H.3780), SECTION 1, eff September 29, 2020. Editor's Note 2020 Act No. 175, SECTION 6, provides as follows: "SECTION 6. This act does not convey or confer any implied or express grant of authority to an investor-owned electric utility to provide broadband facilities or broadband services as defined in this act and any legal rights which may or may not belong to investor-owned electric utilities to provide broadband facilities or broadband services at the time of the passage of this act are neither expanded nor contracted by its passage."