BROADBAND DEPLOYMENT ACT

Illinois General Assembly - Full Text of SB3838

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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.
LRB104 20717 AAS 34217 b

A BILL FOR

SB3838
LRB104 20717 AAS 34217 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Broadband Deployment Act.

6

Section 5.
Legislative findings.
The General Assembly
7
finds that:
8

(1) a goal of the State is to make available to its
9

citizens affordable, reliable, and state-of-the-art
10

Internet communications through the expansion, extension,
11

and general availability of broadband services and
12

technology and to encourage the adoption of broadband by
13

all citizens;
14

(2) although broadband access has been extended to
15

many areas of the State, many rural areas remain unserved
16

and, although many neighborhoods in urban and suburban
17

areas have broadband options, some urban neighborhoods
18

remain unserved;
19

(3) fair and equitable access to 21st century
20

technology is essential to (i) maximize the functionality
21

of educational resources and educational facilities that
22

enable children and adults to receive the best of future
23

teaching and learning methods, (ii) civic engagement,

SB3838
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LRB104 20717 AAS 34217 b
1

(iii) economic development, (iv) access to
2

state-of-the-art health care, (v) aging in place, (vi)
3

participation in a global economy, and (vii) the State's
4

farming communities; and
5

(4) the use of highway rights-of-way to support
6

broadband infrastructure and services is compatible with
7

and similar to other uses of highway rights-of-way and
8

furthers the overall public interest by extending
9

broadband access to citizens of the State and eliminating
10

barriers to the widespread adoption of broadband Internet
11

access.

12

Section 10.
Definitions.
As used in this Act:
13

"Broadband grant recipient" means a broadband service
14
provider that is a telecommunications retailer, as defined in
15
subsection (d) of Section 10 of the Telecommunications
16
Infrastructure Maintenance Fee Act, that has been awarded
17
grant funding pursuant to any State or federal grant program
18
with the purpose of expanding broadband deployment and access
19
to broadband services.
20

"Broadband infrastructure" means aboveground or
21
underground wires, cables, fiber optic lines, conduit, pipe,
22
innerduct, or microduct for fiber optic or other cables and
23
facilities, including ancillary equipment such as power
24
supplies, backhaul, and support structures, that are used in
25
the provision of broadband services.

SB3838
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LRB104 20717 AAS 34217 b
1

"Broadband service" means broadband Internet access
2
service as defined in 47 CFR 8.1(b).
3

"Deploy" means, with respect to broadband infrastructure,
4
to install, operate, maintain, access, inspect, upgrade,
5
replace, repair, remove, and perform activities ancillary to
6
those activities.
7

"Highway right-of-way" means the land, or interest
8
therein, acquired for or devoted to a highway, as defined in
9
the Illinois Highway Code.
10

"Property owner" does not include a public utility as
11
defined in Section 3-105 of the Public Utilities Act.

12

Section 15.
Rights-of-way.
Conditional upon acquiring the
13
proper agreement or permit with the highway right-of-way
14
controller or holder, a broadband grant recipient may install,
15
maintain, and use broadband infrastructure along a highway
16
right-of-way. The broadband grant recipient shall comply with
17
all applicable provisions of Section 9-113 of the Illinois
18
Highway Code and relevant administrative rules.
19

No property owner of property located within the highway
20
right-of-way shall forbid or prevent a proposed broadband
21
grant recipient from entering upon the property for purposes
22
of and in connection with the deployment of broadband
23
infrastructure, nor shall any such property owner forbid or
24
prohibit the broadband grant recipient from deploying upon,
25
beneath, or over that property broadband infrastructure

SB3838
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LRB104 20717 AAS 34217 b
1
utilized by the broadband grant recipient for such broadband
2
service. The property owner may be entitled to the payment of
3
just compensation by the broadband grant recipient, as
4
provided in Section 20, and the broadband grant recipient
5
shall indemnify the owner of such property for any physical
6
damage caused by deployment of the broadband infrastructure
7
and service.
8

Nothing in this Act shall be construed as reducing the
9
ability of the Department of Transportation from exercising
10
its authority to: (1) approve or deny permits for use of its
11
right-of-way, (2) collect fees and compensation required as
12
part of the Department of Transportation's administrative
13
rules, and (3) manage the use of its right-of-way.

14

Section 20.
Notice and compensation.
15

(a) The broadband grant recipient must notify the property
16
owner in writing by sending notification to the property
17
owner's address specified in the online or publicly available
18
records of the applicable county assessor (i) by the United
19
States Postal Service, certified mail, return receipt
20
requested; (ii) by a designated private delivery service, as
21
defined by the Internal Revenue Service, that provides the
22
same function as certified mail with return receipt; or (iii)
23
by personally serving the notification. The property owner
24
shall be notified at least 14 days, but not more than 60 days,
25
prior to the broadband grant recipient entering upon such

SB3838
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LRB104 20717 AAS 34217 b
1
property for purposes of or in connection with the deployment
2
of broadband infrastructure. The notice shall include the
3
following information:
4

(1) the address of the property;
5

(2) the name of the broadband grant recipient and
6

contact information for notice to the broadband grant
7

recipient;
8

(3) the anticipated date of the proposed installation,
9

maintenance, repair, or removal of the broadband
10

infrastructure and projected length of time required to
11

complete the installation, maintenance, or repair;
12

(4) information as to the time within which the owner
13

may give notice and demand just compensation under this
14

Section if the property owner believes that the property
15

is diminished in value due to the burden on the property
16

from the expanded use of the right-of-way;
17

(5) the manner and method of, and the detailed design
18

and construction plans for, such installation,
19

maintenance, repair, and removal, including the location
20

of the proposed entry and path of broadband facilities
21

proposed to be placed, repaired, maintained, or removed
22

upon the property; and
23

(6) a statement absolving the property owner or the
24

property owner's tenant from liability for any damages to
25

broadband infrastructure that occur in the event of normal
26

property use, including normal farming operations if the

SB3838
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LRB104 20717 AAS 34217 b
1

property is used for farming purposes.
2

(b) If the property owner intends to demand just
3
compensation, the property owner must serve written notice
4
thereof upon the broadband grant recipient within 45 days
5
after the anticipated date of broadband deployment as provided
6
in the notice to the property owner. Unless timely notice as
7
provided in this subsection is given by the property owner to
8
the broadband grant recipient, it will be conclusively
9
presumed that the property owner does not claim just
10
compensation for the burden on the property from the expanded
11
use of the right-of-way.
12

(c) Any property owner described in subsection (a) who has
13
given timely written notice to the broadband grant recipient,
14
as provided in subsection (b), may assert a claim for just
15
compensation for diminution in value of the property from the
16
expanded use of the right-of-way. A property owner may bring
17
suit in an applicable circuit court with jurisdiction to
18
enforce a claim for just compensation and to have the amount of
19
just compensation determined by a jury. Such action must be
20
commenced within 6 months of delivery of the broadband grant
21
recipient's original notice of intent to deploy broadband
22
infrastructure. A property owner who has not given timely
23
notice as provided in subsection (b) is barred from asserting
24
such a claim.
25

(d) Neither the property owner's notice to demand just
26
compensation, nor the property owner's assertion of a specific

SB3838
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LRB104 20717 AAS 34217 b
1
claim for just compensation, nor the initiation of any legal
2
action to enforce the claim of just compensation shall delay
3
or impair the right of the broadband grant recipient to deploy
4
broadband infrastructure and provide broadband service within
5
or upon, beneath, or over property described in subsection
6
(a).

7

Section 25.
Sunset.
The rights and obligations of
8
broadband grant recipients and landowners set forth in this
9
Act do not apply on and after January 1, 2030.

10

Section 99.
Effective date.
This Act takes effect upon
11
becoming law.

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