Senate Bill sb2072

    Florida Senate - 2001                                  SB 2072

    By Senator Campbell





    33-1131-01

  1                      A bill to be entitled

  2         An act relating to utility poles; requiring

  3         each utility using public rights-of-way to

  4         allow apparatus to be attached to its poles and

  5         to provide electric service for the apparatus;

  6         providing an effective date.

  7

  8         WHEREAS, the state's future economic growth and sound

  9  development are dependent upon increased access to Internet

10  services at affordable prices, and

11         WHEREAS, it is in the best interest of the people of

12  Florida that the use of public rights-of-way be maximized for

13  the enhancement of both public educational and economic

14  opportunities, and

15         WHEREAS, state control of pole attachments in all

16  public rights-of-way is preferable to sole control thereof at

17  the federal level, since it will allow for the implementation

18  and enforcement of the open market requirements necessary to

19  ensure maximum access to all consumers, NOW, THEREFORE,

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  (1)  Every utility using public

24  rights-of-way shall permit the attachment of apparatus to its

25  poles or to any appurtenance thereof, provided that such

26  attachment does not interfere with or obstruct the utility

27  service then being provided or create a safety violation under

28  existing codes and regulations.

29         (2)  As used in this section, the term:

30         (a)  "Apparatus" includes any electronic device that

31  both receives and transmits radio signals for the purpose of

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2072
    33-1131-01




  1  providing access to wireless voice and data services, either

  2  directly or in connection with any other such device.

  3         (b)  "Attachment" includes the space for the apparatus

  4  and, when necessary, appropriate electrical connections to

  5  permit usage of the wattage and voltage required for the

  6  proper operation of the attached apparatus.

  7         (3)  The Florida Public Service Commission shall

  8  regulate the fairness and reasonableness of the charges,

  9  terms, and conditions contained in pole attachment tariffs

10  filed by each utility within 60 days after the effective date

11  of this act, and it may adopt rules for the implementation and

12  enforcement of this section. However, in no event may the

13  method of calculating such tariffs result in an amount that

14  exceeds the pole attachment rate as determined pursuant to s.

15  224 of the Federal Telecommunications Act of 1996.

16         (4)  Any electric utility that receives a request to

17  provide electric service to an apparatus attached to its poles

18  or any appurtenance thereof shall provide such service on a

19  nonmetered bases with consumption calculated based on

20  estimated demand and shall impose a single cost-based customer

21  service charge for all apparatus owned by the same entity.

22  Providing electric service includes, but is not limited to,

23  access to electric power at luminaries.

24         Section 2.  This act shall take effect July 1, 2001.

25

26            *****************************************

27                          SENATE SUMMARY

28    Requires utilities using public rights-of-way to allow
      apparatus to be attached to their utility poles and, if
29    an electric utility, to provide electric service to the
      attaching party under specified conditions.
30

31

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CODING: Words stricken are deletions; words underlined are additions.