HB400 Alabama 2019 Session

Summary

Primary Sponsor

Randall Shedd

Republican

Session

Regular Session 2019

Title

Telecommunications, Broadband Using Electric Easement Accessibility Act, Secs. 37-16-1 to 37-16-8, inclusive, added.

Summary

HB 400 allows electric utilities to place and manage broadband networks inside existing electric easements and lets them authorize others to do the same, aiming to expand broadband in rural Alabama.

What This Bill Does

It authorizes electric providers to own, operate, maintain, and install broadband systems within their electric easements and to allow affiliated or unaffiliated entities to do so under provider terms. It gives providers the power to condemn easements for advanced communications capabilities, regulate access (including pole attachments) and charge for construction, operation, and maintenance, and require annual reporting of pole attachment rates. It establishes cost accounting rules for utility and nonutility support services, requires notice to property owners before installation, and provides a damages remedy for property owners when an easement is expanded for broadband—while protecting customers from being forced to buy broadband and preserving existing safety and regulatory obligations. It also clarifies that the bill does not automatically expand the Public Service Commission’s jurisdiction or alter railroad and other regulatory requirements, and it specifies funding and effective date details.

Who It Affects

• Electric providers (utilities, cooperatives, and municipalities) would gain broad authority to own, operate, and authorize others to use broadband systems within their easements and to manage access and pricing.
• Broadband affiliates and unaffiliated broadband operators or service providers could own, operate, or provide services over broadband systems within the electric easements under terms set by the electric provider.
• Property owners with real property subject to an electric easement could be impacted through potential expansion of easements, possible damages for value loss, required notice, and the condemnation process for such rights.
• Residents in rural and underserved areas could benefit from expanded broadband access as a public policy goal of the act.

Key Provisions

• Authorize electric providers to own, operate, maintain, construct, install, and replace broadband systems on or within their electric easements, including allowing affiliates to do the same.
• Allow electric providers to grant access to broadband systems to affiliates or unaffiliated operators and to set terms of access, including exclusive or non-exclusive arrangements.
• Permit providers to provide broadband services (retail or wholesale) and to charge for construction, installation, operation, and maintenance of broadband systems; require allocation of costs for nonutility support services and prohibit cross-subsidization.
• authorize condemnation of easements and rights-of-way for advanced communications capabilities, with condemnation procedures aligned to Chapter 1A of Title 18; allow service agreements to grant rights without creating a new easement.
• Establish pole attachment rate methodology for broadband within the electric delivery system and require annual reporting of these rates by June 30 (with exceptions for TVA distributors and certain utilities).
• Provide notice requirements to property owners before installation within existing or newly acquired easements, and permit expansion of the easement to include broadband with the accompanying damages remedy that runs with the land.
• Define key terms (advanced communications capabilities, broadband system/operator/provider, and electric easement) and preserve safety, permitting, and regulatory obligations under other laws, including railroad and DOT rules.
• Require that customers are not forced to buy broadband or have electric service disconnected due to nonpayment for broadband services, and exclude funding from the Education Trust Fund.

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

Subjects

Telecommunications