HB0014 • 2021

Rights of way along public ways-amendments.

AN ACT relating to rights-of-way; specifying requirements and procedures for rights-of-way along public ways; requiring an application for a blanket easement for rights-of-way on public roads on federal lands in Wyoming for broadband infrastructure development; providing for a working group for rights-of-way on public roads on federal lands; and providing for an effective date.

Elections

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Corporations
Last action: 2021-04-01
Official status: enrolled
Effective date: 4/1/2021

Plain English Breakdown

The summary provided by the candidate explanation includes some details that were either removed or modified based on the official text.

Rules for Broadband Rights-of-Way on Public Roads

This law sets new rules for broadband companies to get permission to build their equipment along public roads, especially those on federal lands in Wyoming.

What This Bill Does

Upon receiving an application for a right-of-way, any permits or authorizations must be approved or receive a response by the applicable political subdivision or state agency within sixty (60) calendar days after receiving the application.
Expands the definition of 'communications company' to include cable operators who provide telecommunications services, internet-protocol-enabled service, or voice-over internet protocol.
Requires the Department of Transportation to petition the federal government for a blanket easement for rights-of-way on public roads located on federal lands in Wyoming for broadband infrastructure development.
Establishes an unpaid working group with stakeholders to provide feedback on the application process.

Who It Names or Affects

Broadband companies wanting to install equipment along public roads.
Cities and counties responsible for approving applications from broadband companies.
The Department of Transportation in Wyoming.
Federal agencies managing land in Wyoming.

Terms To Know

communications company: A business that provides services like internet or phone connections to customers.
cable operator: A company that supplies cable television and may also provide internet service.

Limits and Unknowns

The law does not specify what happens if the city, county, or state fails to respond within 60 days.
It is unclear how federal agencies will handle requests for blanket easements on their lands.
The working group's role and impact are not fully detailed in the legislation.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0014H2001

2nd reading • Representative Sommers

Adopted

Plain English: The amendment removes certain requirements and language from the bill related to rights-of-way applications on federal lands in Wyoming.

Removes the requirement for completing a preliminary application.
Eliminates an entire section of text, including previous amendments.
Deletes another complete line of text.
Changes 'business' to 'calendar' in one part of the bill.

The amendment's text does not provide context for why these changes are being made.

HB0014HS001

Standing Committee • House Corporations, Elections & Political Subdivis

Adopted

Plain English: The amendment changes the time limits and application requirements for rights-of-way on public roads on federal lands in Wyoming.

Increases the time limit from thirty (30) days to sixty (60) days for certain actions related to rights-of-way applications.
Removes specific language about a forty-five day period, replacing it with a sixty (60) day requirement.
Modifies the application process by removing unnecessary text and adding definitions for communications companies that include cable operators providing broadband services.
Expands the authority of state management to set communication poles in state-managed rights-of-way.

The amendment's technical language may require further clarification or context from existing law to fully understand its implications.

Bill History

2021-04-01 LSO
Assigned Chapter Number 45
2021-04-01 Governor
Governor Signed HEA No. 0034
2021-03-30 Senate
S President Signed HEA No. 0034
2021-03-30 House
H Speaker Signed HEA No. 0034
2021-03-26 LSO
Assigned Number HEA No. 0034
2021-03-26 Senate
S 3rd Reading:Passed 29-0-1-0-0
2021-03-25 Senate
S 2nd Reading:Passed
2021-03-24 Senate
S COW:Passed
2021-03-23 Senate
S Placed on General File
2021-03-23 Senate
S07 - Corporations:Recommend Do Pass 4-1-0-0-0
2021-03-17 Senate
S Introduced and Referred to S07 - Corporations
2021-03-12 Senate
S Received for Introduction
2021-03-12 House
H 3rd Reading:Passed 38-22-0-0-0
2021-03-11 House
H 2nd Reading:Passed
2021-03-10 House
H 2nd Reading:Laid Back
2021-03-09 House
H COW:Passed
2021-03-04 House
H Placed on General File
2021-03-04 House
H07 - Corporations:Recommend Amend and Do Pass 9-0-0-0-0
2021-02-01 House
H Introduced and Referred to H07 - Corporations
2021-01-12 House
H Received for Introduction
2020-12-18 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 21LSO-0195
Bill No.:

HB0014

Effective:

Immediately

LSO No.:

21LSO-0195

Enrolled Act No.:

HEA No. 0034

Chapter No.:

45

Prime Sponsor:

Joint Corporations, Elections & Political Subdivisions Interim Committee

Catch Title:

Rights of way along public ways-amendments.

Subject:

Rights-of-way for broadband projects.

Summary/Major Elements:

Current law specifies procedures for seeking a right-of-way along public roads and streets for constructing and operating a public utility or communications company.

This act specifies separate requirements for broadband facilities that are constructed on government property or public rights-of-way. Upon receiving an application for a right-of-way, any permits or authorizations must be approved or receive a response by the applicable political subdivision or state agency, with final approval or denial of an application required not later than sixty (60) calendar days after receiving an application.

The act amends the definition of "communications company" as used in the rights-of-way statute to include a cable operator as defined under federal law as long as the cable operator provides telecommunications services or internet-protocol-enabled service or voice-over internet protocol.

The act requires the Department of Transportation to petition the federal government for a blanket easement for rights-of-way along, across, or under any public roads located on federal lands in Wyoming upon which broadband providers can set their fixtures or facilities. The Department must seek approval from the governor to proceed by May 1, 2021. The Department must convene an unpaid working group (which may include legislators, federal officials, industry representatives, and state agency representatives) to provide feedback on the application.

Comments:

This act creates an unpaid working group that the Department of Transportation must convene; the working group may include legislators.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

21LSO-0195

ORIGINAL House

Bill No
.
HB0014

ENROLLED ACT NO. 34,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to rights-of-way; specifying requirements and procedures for rights-of-way along public ways; requiring an application for a blanket easement for rights-of-way on public roads on federal lands in Wyoming for broadband infrastructure development; providing for a working group for rights-of-way on public roads on federal lands; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 1
‑
26
‑
813(a), (b)(intro) and by creating a new subsection (c) is amended to read:

1
‑
26
‑
813.

Right
‑
of
‑
way along public ways granted; permission necessary for new lines.

(a)

Corporations
Persons
authorized to do business in this state for the purpose of constructing, maintaining and operating a public utility or communications company may set their fixtures and facilities along, across or under any of the public roads, streets and waters of this state in such manner as not to inconvenience the public in their use. Any public utility or communications company desiring to install its facilities in any city shall first attempt to obtain consent from the city council in accordance with applicable law. A person shall first obtain permission from

the state transportation commission or the board of county commissioners in the county where the construction is contemplated before entering upon any state highway or county road for the purpose of commencing the construction.
An application for all construction permits, licenses and authorizations to construct broadband facilities on government property or public rights-of-way shall be submitted to the appropriate governing entity as the applicable governing entity may require.
Upon receiving an
application as required in this subsection, any necessary permits, licenses or authorizations shall receive a response, be approved or be denied by the city, department of transportation or the county. Unless a different period is stipulated to by the parties, the city, department of transportation or the county shall respond to the application, approve or deny all necessary permits, authorizations and licenses not later than sixty (60) calendar days after receipt of the application.

(b)

As used in this section, "communications company" means a person, or any agent, contractor or subcontractor of the person, who in the course of business, provides services which are telecommunications services, as defined in W.S. 37
‑
15
‑
103(a)(xii), internet protocol enabled service or voice over internet protocol.
For purposes of this section only, and notwithstanding any other provision of law, a communications company includes a cable operator as defined in 47 U.S.C § 522(5), provided the cable operator provides any of the services listed in this subsection.
As used in this section:

(c)

Nothing in this section shall:

(i)

Authorize communications companies to set or install permanent towers along, across or under any of the public roads, streets and waters of this state or to set communication poles in a state managed right-of-way;

(ii)

Be construed to prohibit a city, town or county from requiring a franchise before issuing any permits, licenses or authorizations as provided by this section.

Section 2
.

The department of transportation shall petition the United States federal government and any appropriate federal agency for a broad form or blanket easement to the state of Wyoming for rights-of-way for broadband providers to set their fixtures and facilities along, across or under any public roads located on or through federal lands in the state of Wyoming.

Section 3.

(a) The department of transportation shall seek approval from the governor to proceed under section 2 of this act not later than May 1, 2021.

(b) The department of transportation shall transmit a copy of this act to the Wyoming congressional delegation. The department shall seek the support of the Wyoming congressional delegation in relation to any application or petition filed in accordance with section 2 of this act.

(c) As soon as possible after the effective date of this act, the director of the department of transportation shall convene an unpaid working group of stakeholders, which may include legislators, federal representatives, industry representatives and state agency representatives, to provide feedback to the department regarding implementation of section 2 of this act.

Section 4
.

This act is effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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