Senate Committee Substitute

SCS/HB 1768 - This act modifies provisions relating to communications services.

NEIGHBORHOOD IMPROVEMENT DISTRICTS AND COMMUNITY IMPROVEMENT DISTRICTS (Sections 67.453 & 67.1461):

This act modifies the powers of neighborhood improvement districts and community improvement districts to include the ability to partner with telecommunications companies in order to construct or improve telecommunications facilities.

This provision is similar to SB 807 (2020) and SB 773 (2020).

PUBLIC RIGHT-OF-WAY USERS (Sections 67.1842 & 67.1846):

The act modifies provisions relating to communications services offered in political subdivisions.

No political subdivision shall require a telecommunications company to obtain a written agreement, other than a permit, for use of the public right-of-way.

Nothing in the provisions of law relating to the public right-of-way shall prohibit a political subdivision or public utility right-of-way user from renewing or entering into a new or existing franchise, upon mutual agreement. Further, nothing in those provisions of law shall prevent a grandfathered political subdivision from charging a public right-of-way user a fair and reasonable liner foot fee or antenna fee pursuant to or from otherwise enforcing existing linear foot ordinances that were in effect on May 1, 2001.

These provisions are substantially similar to SCS/SB 526 (2020).

OPERATING DESIGNATIONS OF CERTAIN TELECOMMUNICATIONS COMPANIES (Section 392.020):

Under the act, any corporation formed for the purpose of being a telephone or telegraph company or operating under the General and Business Corporation Law of Missouri, may amend the articles of association to include a statement referencing the corporation's operating designation as an exempt organization as described in the Internal Revenue Code.

This provision is identical to SCS/SB 852 (2020).

RURAL BROADBAND ACCESS FUNDING (Sections 620.2451 & 620.2459):

This act requires the Department of Economic Development to maintain a record of all federal grants awarded to entities for the purposes of providing, maintaining, and expanding rural broadband in the state. In cases in which federal funds have been awarded but later retained, withheld, or otherwise not distributed to the original grant recipient due to failure to meet performance standards or other criteria, the Department shall seek to have the funds awarded to another eligible, qualified Missouri broadband provider.

This provision is identical to HCS/HB 1162 (2019).

Currently, the broadband internet grant program for unserved and underserved areas of the state will expire on August 28, 2021. This act extends the program until June 30, 2027.

This provision is identical to SS/SB 632 (2020) and similar to HB 1859 (2020).

JAMIE ANDREWS


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