HB62 Alabama 2017 Session

Summary

Primary Sponsor

Elaine Beech

Democrat

Session

Regular Session 2017

Title

Municipality, telecommunication services, right-of-way, compensation required to be cost based, Sec. 11-50B-3 am'd.

Summary

HB62 would require municipalities and public providers to charge rights-of-way fees for telecom use that are cost-based, clarifying how compensation for using public rights-of-way is set.

What This Bill Does

It amends Section 11-50B-3 to require that rights-of-way fees charged by public providers be cost-based. It specifies that fair and reasonable compensation cannot include in-kind fiber or network build-out, and allows fees to be assessed as a permitting fee, a fee per linear foot, or a percentage of gross revenues earned within city limits (excluding wholesale revenues). It maintains the public providers' authority to offer telecommunications services and lease equipment, and requires nondiscriminatory, unbundled access to equipment for requesting carriers and electric cooperatives. It becomes law on the first day of the third month after passage and governor approval.

Who It Affects

• Municipalities and municipal instrumentalities (public providers) would set and collect cost-based rights-of-way fees and oversee telecom services and leases.
• Telecommunication providers and electric cooperatives that use public rights-of-way would pay cost-based fees and gain access on nondiscriminatory terms.

Key Provisions

• Rights-of-way fees must be cost-based.
• In-kind compensation such as fiber or network build-out cannot be used as compensation.
• Fees may be a permitting fee, per linear foot, or a percentage of gross revenues originating and terminating in the city, with wholesale revenues excluded.
• Public providers retain authority to operate and lease systems, and must provide nondiscriminatory, unbundled access to equipment for carriers and electric cooperatives; effective date specified.

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

Subjects

Municipalities