SJR83 Alabama 2016 Session

Summary

Primary Sponsor

Clay Scofield

Republican

Session

Regular Session 2016

Title

Public rights, clarify Alabama law relating to

Summary

SJR83 would clarify Alabama law to require fair, cost-based, non-discriminatory compensation for use of public rights-of-way by broadband providers, and it would prohibit in-kind build-out requirements.

What This Bill Does

It states that state and local governments may manage public rights-of-way and require compensation from telecommunications providers for ROW use, on a competitively neutral and nondiscriminatory basis. It clarifies that fair and reasonable compensation means cost-based charges tied to the municipality's expenses, not in-kind fiber or network build-out. It specifies acceptable fee bases, including permitting fees, charges per linear foot, or a percentage of gross revenues earned within the city limits (excluding wholesale revenues). It also aligns Alabama law with federal law (47 U.S.C. 253(a)) to avoid blocking telecommunications entry.

Who It Affects

• Telecommunications providers building or expanding broadband in Alabama, who would pay cost-based ROW fees
• Municipalities and local governments that manage public rights-of-way and set fees

Key Provisions

• Fair and reasonable compensation for ROW use must be cost-based and reflect the municipality's actual expenses
• Compensation must be provided on a competitively neutral and nondiscriminatory basis
• In-kind fiber or network build-out requirements cannot be used as compensation
• ROW fees may be based on permitting fees, a fee per linear foot, or a percentage of gross revenues originating and terminating in the city limits (less wholesale revenues), all cost-based
• The measure preserves the authority of state and local agencies to manage the public ROW while aligning with federal law (47 U.S.C. 253(a))

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Resolutions, Legislative