SB159 Alabama 2019 Session

Summary

Primary Sponsor

Donnie ChesteenSenator

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

SB 159 creates a formal process for deploying broadband and other telecommunications near railroad rights‑of‑way, including crossings, with specified permits, fees, insurance requirements, and dispute resolution.

What This Bill Does

It establishes a crossing application process requiring engineers to design crossings consistent with safety standards and proof of insurance. It imposes a standard crossing fee of $500 per crossing (except crossings within public right‑of‑way) plus reimbursement of railroad flagging costs, with annual adjustments based on the producer price index. It sets liability and insurance requirements for providers and allows railroads to object to crossings on safety grounds, with circuit court procedures to resolve disputes and rules for relocating facilities when needed. It preserves local governments’ ownership of ROW and allows broadband facilities that don’t harm safety to be considered consistent with transportation purposes; it also clarifies that existing crossings may continue under old terms.

Who It Affects

• Telecommunications providers and network support infrastructure owners: must submit crossing applications, pay the standard crossing fee, provide insurance, and may face objections and circuit court disputes.
• Railroads: may object to proposed crossings on safety grounds and can require relocation of facilities with related liability/insurance considerations.
• Local governing bodies (cities/counties): retain title to public right‑of‑way at railroad crossings and regulate access; rights and restrictions apply to crossings near rail lines.
• Abutting farm operations: allowed to use the land over which the public right‑of‑way passes for agricultural purposes.

Key Provisions

• Crossing application process: telecom providers must file an electronic crossing application with location details, an engineering design conforming to NESC/AREMA guidelines, and evidence of insurance.
• Fees and costs: a $500 standard crossing fee per crossing (not payable for crossings within public ROW) plus reimbursement of railroad flagging expenses; the fee is adjustable annually based on the producer price index and applies to new crossings.
• Insurance requirements: telecom providers must carry at least $2,000,000 per occurrence and $6,000,000 aggregate liability insurance; railroads may require protective liability coverage during construction; natural gas utilities have higher specified limits ($5,000,000 per occurrence, $10,000,000 aggregate).
• Dispute resolution and relocation: railroads may object and, if unresolved, the circuit court resolves crossing issues with a 21‑day court order; relocation of facilities is allowed at the provider’s or railroad’s expense depending on circumstances, with no standard crossing fee for relocation.

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