SF2045 (Legislative Session 94 (2025-2026))
Equal Access to Broadband Act establishment provision
Related bill: HF974
AI Generated Summary
The Equal Access to Broadband Act is a Minnesota bill focused on modifying and expanding broadband infrastructure regulations to improve access to high-speed internet across the state, particularly in underserved and unserved areas. Key provisions of the bill include:
Definitions and Standards: - The bill defines "broadband service" as internet service meeting the Federal Communications Commission’s (FCC) definition of broadband. - It clarifies terms such as "underserved areas" (those without speeds of at least 100 Mbps download and 20 Mbps upload) and "unserved areas" (lacking broadband access entirely). - It establishes definitions for broadband infrastructure, last-mile, and middle-mile infrastructure needed for internet connectivity.
Local Government Authority: - The bill preserves the ability of local government entities to regulate broadband infrastructure through permitting and zoning laws. - Local governments can require franchises or municipal authorization for broadband providers to operate within their jurisdictions. - It allows local governments to impose fees on broadband providers for infrastructure placement in public rights-of-way.
Broadband Infrastructure Deployment: - It emphasizes coordination between broadband providers and local governments to minimize disruptions and future relocations of infrastructure. - Public utilities, telecommunications, and broadband services are granted rights to use public roads for infrastructure but must comply with local permitting and franchise requirements.
Franchise Fees and Compensation: - Local authorities can impose franchise fees on broadband providers, not exceeding 5% of the provider’s gross revenue, with an additional 3% allowed to fund local programming if applicable. - Fees can also be charged for right-of-way management and maintenance of broadband infrastructure.
Telecommunications Right-of-Way Regulations: - Broadband service providers are excluded from certain telecommunications right-of-way regulations previously applied to telephone and wireless service providers. - Telecommunications providers must still register with local governments and obtain permits for excavations or obstructions in public rights-of-way.
Moratorium Prohibition: - The bill prohibits local governments from placing moratoriums on processing or approving right-of-way or small wireless facility permits.
Infrastructure Fees: - The bill outlines specific fees that local governments can charge for the collocation of small wireless facilities, rental space on support structures, and electrical usage for broadband equipment.
Public Way Management: - The bill grants city councils authority to regulate public ways and grounds, including franchising broadband providers and charging them fees.
Impact: - The bill aims to expand broadband access across Minnesota, especially in underserved rural areas. - It ensures that local governments retain oversight and can charge fees for managing broadband infrastructure. - The provisions may help promote competition and increase internet availability while maintaining fairness in service access and pricing.
By clarifying local government authority and rights-of-way management while encouraging broadband deployment, this bill attempts to balance infrastructure expansion with public oversight and financial accountability.
Bill text versions
- Introduction PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 02, 2025 | House | Floor | Action | Introduction and first reading | |
| March 02, 2025 | Senate | Floor | Action | Introduction and first reading | |
| March 02, 2025 | House | Floor | Action | Referred to | Agriculture, Veterans, Broadband, and Rural Development |
| March 02, 2025 | Senate | Floor | Action | Referred to | Agriculture, Veterans, Broadband, and Rural Development |
Citations
[
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill modifies the definitions related to broadband services.",
"modified": [
"Broadband or broadband service definition to align with FCC standards."
]
},
"citation": "116J.39",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This section's definitions related to broadband services are amended.",
"modified": [
"Definitions for terms such as broadband infrastructure, commissioner, and underserved areas."
]
},
"citation": "116J.394",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Clarifies definitions associated with broadband infrastructure under section 116J.399.",
"modified": [
"Provider definitions and exclusions expanded; local franchising authority defined."
]
},
"citation": "116J.399",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Local governmental right-of-way management preserved.",
"modified": [
"Coordination with local government emphasized to minimize relocations."
]
},
"citation": "116J.399",
"subdivision": "subdivision 8"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Use requirements for various entities on public roads with a focus on broadband.",
"modified": [
"Clarification on local government authorization requirements for utilities."
]
},
"citation": "222.37",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Defines 'telecommunications right-of-way user' with exclusions for certain services.",
"modified": [
"Excludes broadband service providers from certain definitions."
]
},
"citation": "237.162",
"subdivision": "subdivision 4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Governs how telecommunications right-of-way users operate in public spaces.",
"modified": [
"Local government unit authority on rights-of-way use and management detailed."
]
},
"citation": "237.163",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Details fees local government units may impose for right-of-way management.",
"modified": [
"Specifies fee structures based on actual costs and competitively neutral bases."
]
},
"citation": "237.163",
"subdivision": "subdivision 6"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Prohibits discrimination and unreasonable entry requirements to rights-of-way.",
"modified": [
"Clarifies rules against unlawful discrimination among telecommunications users."
]
},
"citation": "237.163",
"subdivision": "subdivision 7"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Powers of the council relating to public ways and grounds.",
"modified": [
"Council's power to manage public ways and receive compensation emphasized."
]
},
"citation": "412.221",
"subdivision": "subdivision 6"
}
]