HB70 Alabama 2019 Session

Summary

Primary Sponsor

David StandridgeRepresentative

Republican

Session

Regular Session 2019

Title

Telecommunications, broadband services, deployment of broadband infrastructure and telecommunication services near the right-of-way of railroads, procedure established

Summary

HB 70 creates a formal process for deploying broadband and other telecom infrastructure near railroad rights-of-way and at crossings, including fees, insurance, and dispute resolution.

What This Bill Does

It defines key terms and clarifies that local governments retain control of public rights-of-way, while broadband facilities along railroad rights-of-way are generally allowed if they don’t threaten safety. It requires crossing applicants to obtain railroad permission, submit an engineering design, pay a standard crossing fee, and carry insurance. It sets the crossing fee, outlines objection and court-based dispute resolution, relocation cost rules, and allows existing crossing agreements to continue.

Who It Affects

• Telecommunications providers and network support infrastructure owners must apply for crossing permissions, pay fees, carry required insurance, and may face relocation costs or court disputes.
• Railroads and local governing bodies retain ROW control, can object to crossings on safety grounds, require certain conditions, and may oversee relocation costs and approvals.

Key Provisions

• Creates a crossing application process with electronic forms and an engineering design that follows national safety guidelines (NESC or AREMA).
• Standard crossing fee of $500 per crossing (adjusted annually based on the producer price index); fee paid in lieu of other fees; no fee within public rights-of-way; conduit counted as a single facility.
• Insurance requirements: telecom/network owners must carry at least $2M per occurrence and $6M aggregate; gas utilities at least $5M per occurrence and $10M aggregate; railroad protective liability during construction may be required at $2M per occurrence and $6M aggregate.
• Railroad may object to a crossing on safety grounds, with a 30-day notice; unresolved objections can be taken to circuit court, which must decide within 21 days.
• Additional requirements can be challenged; court resolves whether special circumstances justify extra requirements within 21 days after petition.
• Relocation rules: railroads may require relocation for operational reasons; provider bears relocation costs unless construction has not started, in which case railroad bears the cost; relocation must occur within a reasonable time.
• Existing crossing agreements may continue, and providers may elect to use this act for crossings; eminent domain rights remain unchanged.
• Effective date: becomes law on the first day of the third month after enactment.

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