Department of transportation communication facilities.

Plain English Breakdown

The official bill text does not specify the exact conditions under which telecommunications companies can lease capacity, but it removes the requirement for approval by the Public Service Commission.

Department of Transportation Communication Facilities Act

This act changes how the Wyoming Department of Transportation can lease extra capacity on its communication infrastructure to telecommunications companies, sets rules for using money from these leases, and defines key terms.

What This Bill Does

• Changes the leasing process so that WYDOT may now decide if it's okay to lease excess capacity on state-funded communication infrastructure without needing approval from the Public Service Commission.
• Specifies that money earned from these leases will be kept separately by WYDOT and used only for maintaining, repairing, and improving the WyoLink network and towers.
• Defines what a broadband provider and telecommunications company are in this context.

Who It Names or Affects

• The Wyoming Department of Transportation (WYDOT)
• Telecommunications companies that want to lease extra capacity on state-funded communication infrastructure
• Residents who may benefit from improved or expanded telecommunication services

Terms To Know

Broadband provider

A company that provides high-speed internet and other telecommunications services.

Telecommunications company

An organization that offers communication services such as telephone, internet, or television broadcasting.

Limits and Unknowns

• The act does not specify how the Public Service Commission's role will change in relation to these leases.
• It is unclear if this act will lead to an increase in telecommunication services for underserved areas of Wyoming.

Official Summary Text

Bill Summary - 21LSO-0198
Bill No.:

HB0015

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0198

Enrolled Act No.:

HEA No. 0018

Chapter No.:

23

Prime Sponsor:

Joint Corporations, Elections & Political Subdivisions Interim Committee

Catch Title:

Department of transportation communication facilities.

Subject:

Amending the leasing process for Department of Transportation communication infrastructure.

Summary/Major Elements:

This act amends the leasing process for state-funded communication infrastructure that the Wyoming Department of Transportation (WYDOT) operates.

The Act strikes references to the Public Service Commission and duties the Commission had in authorizing certain infrastructure leases and provides discretion to WYDOT to lease excess capacity on state-funded and operated infrastructure.

The act amends the disposition of any lease proceeds. Previously, those proceeds were deposited into the general fund. Now, those proceeds will be accounted for separately by WYDOT, who can use the proceeds to maintain, reinforce, and repair the
WyoLink
network and towers.

The act defines broadband providers and telecommunications companies for purposes of the leasing provisions amended in this act.

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

21LSO-0198

ORIGINAL House

ENGROSSED
Bill No
.
HB0015

ENROLLED ACT NO. 18,

HOUSE OF REPRESENTATIVES

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

AN ACT relating to the department of transportation; amending leasing provisions for department of transportation communications facilities for the provision of broadband and telecommunications services; specifying disposition of lease proceeds from communications facilities; providing definitions; and providing for an effective date.

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

Section 1
.

W.S. 24
‑
2
‑
116 is amended to read:

24
‑
2
‑
116.

Department of transportation state
‑
funded communications facilities.

(a)

Upon application by a telecommunications company,
if the public service commission determines that it is necessary to provide telecommunications service to underserved areas of the state,
the Wyoming department of transportation
shall
may
lease excess capacity on any
state
‑
funded
communication infrastructure
or facility owned
operated
by the department of transportation to the telecommunications company.
For purposes of this section an area is underserved if private communication providers are unwilling or unable to provide the telecommunication service to a substantial number of households or persons in the geographic area.

The rate of the lease shall be a reasonable market
‑
based rate as determined by the public service commission. No telecommunications company may lease excess capacity on a communication infrastructure or facility owned by the department pursuant to this section unless the telecommunications company establishes that excess capacity in that area is unavailable from private commercial communication facility owners. The public
service commission may adopt rules and regulations necessary to implement this section.

All monies received from any lease executed pursuant to this section shall be deposited into
the state general fund
and separately accounted for in the department's internal service fund specified by W.S. 9-4-204(t)(ii)(B) and governed by W.S. 9
‑
4
‑
205(e)
.
Monies received and deposited under this section are continuously appropriated to the department and shall only be used to maintain, reinforce and repair the WyoLink network and towers.

(b)

As used in this section:

(i)

"Broadband provider" means a telecommunications company as defined by W.S. 37
‑
15
‑
103(a)(xi), a communications company under W.S. 1
‑
26
‑
813(b) or a cable operator as defined by 47 U.S.C. § 522(5);

(ii)

"Telecommunications company" shall include a broadband provider.

Section 2
.

This act is effective July 1, 2021
.

(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

1